ARTICLE VIII. BOARD OF ADJUSTMENT
A. Creation, Appointment and Jurisdiction
Within thirty (30) days after the adoption of this Ordinance and thereafter, as terms expire or vacancies occur, the Board of Selectmen shall appoint a Board of Adjustment consisting of five (5) members whose powers shall conform to the provisions State laws and regulations . Thereafter, as terms expire or vacancies occur, the appointing authority shall be responsible for filling vacancies and maintaining full membership of the Board of Adjustment.
The Board of Adjustment may also include not more than five (5) alternate members appointed by the Board of Selectmen.
B. Appeals
Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer, in the manner prescribed by State law and regulations, within the time limit set by the Board of Adjustment according to said statute. The person making the appeal shall pay the cost of mailing the notices of a hearing prior to the hearing.
C. Special Exceptions See Article VIII
D. Variances
1. The Board of Adjustment may, on an appeal, grant a variance from the provisions of this Ordinance only where the Board finds that all of the following conditions apply:
a. There are special circumstances or conditions applying to the lot or structure for which the variance is sought (such as, the exceptional narrowness, shallowness or shape of the lot or structure in question, or exceptional topographical conditions), which are peculiar to such lot or structure, and the application of the requirements of this Ordinance will deprive an owner of such lot or structure a reasonable use of it, and will impose upon such owner of such lot or structure a hardship not shared by the owners of other lots or structures in the same district. (Financial hardship does not constitute "hardship" in this case.) The applicant shall not have created the hardship.
b. The specific variance, if granted, represents the minimum variance that will afford reasonable relief to the owner and is necessary for a reasonable use of the lot or structure.
c. The granting of the variance will be in harmony with the general purposes and intent of this Ordinance, and with the convenience, welfare, and character of the district within which it is proposed, and will not be injurious or otherwise detrimental to the public welfare.
d. The use proposed is a permitted use, as described under Article III.
e. The ZBA shall have the same authorities as granted to the Planning Board under State law and regulations to collect fees from an application to cover expenses occurred in the performance of their duties. (3/04)
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