A board of adjustment is hereby established. The board shall consist of three members to be appointed by the mayor with the approval of the board of trustees. One member shall be a member of the board of trustees and one member shall be a member of the town planning commission. The other member may be a member of these bodies or a resident. The term of office shall be three years except that of the initial appointees: one shall be appointed for one year, one for two years, and one for three years. Board members may be removed from office by the board of trustees for cause upon written charges after public hearings. Vacancies shall be filled by appointment by the mayor with approval of the board of trustees for the unexpired term.
(Prior code § 11-2-6.1; Ord. 94-06 § 1)
The board of adjustment shall adopt rules necessary to carry out the provisions of this title. Meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.
The board shall keep minutes of its proceedings showing the vote of each member upon each question or if a member be absent or fail to vote, such fact shall be indicated. The board shall keep a record of all of its official actions, said record to be filed in the town clerk-treasurer’s office.
(Prior code § 11-2-6.2; Ord. 94-06 § 1)
The board of adjustment shall have the following powers and duties:
A. 
Administrative Review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrative officials in the enforcement of this title, and may reverse, affirm, or modify any administrative action.
B. 
Variances. To authorize in specific cases such variance from the terms of this title which is not contrary to the public interest. Hearings on variances shall conform to the provisions of Chapters 18.85 and 18.90 MTC.
(Prior code § 11-2-6.3; Ord. 94-06 § 1)
Any person, board, or department aggrieved by any decision of the board of adjustment may file a written notice of appeal to the board of trustees. Based upon said appeal, the board of trustees shall review the decision of the board of adjustment and take appropriate action as specified in Chapter 18.90 MTC.
(Prior code § 11-2-6.4; Ord. 94-06 § 1)