[Amended 2-7-2022 by Ord. No. 2021-008; 1-9-2023 by Ord. No. 2022-008]
The Board of Adjustment shall have all the powers and duties
prescribed by this chapter that are more particularly specified as
follows:
A. Appeals. It shall be the responsibility of the Board of Adjustment
to hear and decide appeals where it is alleged there is an error in
any order, requirement, decision, determination, or interpretation
made by the Code Enforcement Officer or other Town administrative
official in the enforcement of this chapter. The Board of Adjustment
may, in conformity with this chapter, reverse or affirm, wholly or
partly, or may modify the order, requirement, decision, determination,
or interpretation appealed and may resolve the appeal in accordance
with this chapter or approved regulations. The fee to file an appeal
shall be established in the currently effective Town of Milton Fee
Schedule. In addition, unless the appellant is the prevailing party
in the appeal, the appellant shall be responsible for reimbursing
the Town for expenses incurred by the Town related to the appeal for
engineering fees, attorney fees, transcription fees, and any other
professional fees incurred by the Town as a result of said appeal;
the reimbursement responsibility shall not exceed the amount of the
escrow established in the currently effective Town of Milton Fee Schedule.
An appellant may file with the appeal a request to proceed in forma
pauperis based on financial circumstances on a form prescribed by
the Town of Milton; if the Board of Adjustment grants the request,
the filing fee will be waived for the appellant, who shall also be
relieved of any responsibility for reimbursing the Town for its expenses.
B. Variances.
(1) The Board of Adjustment may authorize, in specific cases, such variance
from any provision of this chapter or zoning regulation that will
not be contrary to the public interest where, owing to special conditions
or exceptional situations, a literal interpretation of this chapter
or any zoning regulation will result in unnecessary hardship or exceptional
practical difficulties to the owner of property so that the spirit
of this chapter or zoning regulation shall be observed and substantial
justice done, provided such relief may be granted without substantial
detriment to the public good and without substantially impairing the
intent and purpose of this chapter, zoning regulation, or map.
(2) Notwithstanding §
220-83B(1), the Project Coordinator of the Town may administratively grant a dimensional variance for existing conditions that do not exceed one foot of the required dimension restrictions without the application being considered by the Board of Adjustment, subject to the standards, procedures, and conditions set forth in this chapter.
[Amended 1-9-2023 by Ord. No. 2022-008]
A. Meetings open to the public. All meetings of the Board
of Adjustment shall be open to the public.
B. Minutes of meetings. Such Board shall keep minutes
of each of its meetings that it shall at its next meeting certify
as accurate and that describe the factors considered by the Board
in reaching its decision and that show the vote of each member on
every application to the Board.
C. Each member
present at any meeting of the Board shall have a vote on every question
brought before the Board for its consideration. If a member is absent
or abstains from voting the minutes shall indicate such fact.
D. Quorum and majority vote. A majority vote of the Board
shall constitute a quorum and a majority vote on any matter upon which
said Board is required to pass under the provisions of this chapter.
A split vote shall constitute a denial of the application.
E. Additional procedures and bylaws. The Board of Adjustment
shall have the power to make, adopt, and promulgate such additional
written rules of procedure and forms as it may deem necessary for
the proper execution of its duties and to secure the intent of this
chapter.