The Board of Adjustment for the county shall act as the review
and appeal authority for any order, requirement, decision or determination
made by the Town or county under this chapter pursuant to the intergovernmental
agreement between the Town and the county. If the intergovernmental
agreement is terminated, then the Town's Board of Appeals shall have
review and appeal authority.
The rules, procedures, duties and powers of the Board of Adjustment
as provided in the county ordinance shall apply to any review or appeal
under this chapter.
Upon appeal, the Board of Adjustment may authorize variances
from the provisions of this chapter which are not contrary to the
public interest or the purposes of this chapter and where, owing to
special conditions beyond the control of the applicant, the literal
enforcement of this chapter would result in unnecessary hardship.
Any nonmetallic mine operator or other person directly affected
by a decision of the Town under this chapter may appeal in accordance
with this article.
