The Board of Appeals 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 Zoning Administrator in the enforcement of this chapter.
B.
Conditional uses/special exceptions; conditions governing applications; procedures. To hear and decide only such applications for special exceptions for conditional uses as the Board of Appeals is specifically authorized to pass on by the terms of this chapter; to decide such questions as are involved in determining whether special exceptions for the approval of conditional uses should be granted, and to grant special exceptions with such conditions and safeguards as are appropriate under this chapter, or to deny issuance of a special exception when not in harmony with the purpose and intent of this chapter. A special exception for a conditional use shall not be granted by the Board of Appeals unless and until:
(1)
A written application for a special exception is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested.
(2)
The Planning and Zoning Commission has reviewed the application and has made a recommendation to the Board.
(3)
Notice shall be given at least 15 days in advance of a public hearing. The owner of the property for which a conditional use is sought, or his agent, shall be notified by mail. Notice of such hearings for the special exception shall be posted on the property for which a conditional use is sought and at the Town Hall, and notice shall be published in a newspaper of general circulation in the Town at least 15 days prior to the public hearing.
(4)
The public hearing shall be held. Any party may appear in person, or by agent or attorney.
(5)
The Board of Appeals shall first make a finding that it is empowered under the section of this chapter described in the application to grant the special exception for the conditional use, and that the granting of the special exception will not adversely affect the public health, safety, security, morals, or general welfare, or would result in dangerous traffic conditions, or would jeopardize the lives or property of the people living in the neighborhood.
(6)
In granting any special exception, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards when made a part of the terms under which the special exception is granted shall be deemed a violation of this chapter and punishable under § 245-143 of this chapter.
C.
Variances; conditions governing applications; procedures. To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the Board of Appeals unless and until:
(1)
A written application for a variance is submitted demonstrating:
(a)
That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings, in the same zone.
(b)
That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zone under the terms of this chapter.
(c)
That the special conditions and circumstances do not result from the actions of the applicant.
(d)
That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same zone.
(2)
No nonconforming use of neighboring lands, structures, or buildings in the same zone, and no permitted use of lands, structures, or buildings in other zones shall be considered grounds for the issuance of a variance.
(3)
Notice of public hearing shall be given as in § 245-137B(2).
(4)
The public hearing shall be held. Any party may appear in person, or by agent or by attorney.
(5)
The Board of Appeals shall make findings that the requirements of § 245-137A(3) have been met by the applicant for a variance.
(6)
The Board of Appeals shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of land, building, or structure.
(7)
The Board of Appeals shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(8)
In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and be punishable under § 245-143 of this chapter.
(9)
Under no circumstances shall the Board of Appeals grant a variance to allow a use not permitted under the terms of this chapter in the zone that applies to the site in question.