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About Board of Adjustment Hearings
The Board of Adjustment decision making process is like that of a court of law. It will hear the evidence that is presented from both opponents and proponents, and then issue its decision. The Board can decide to approve the petition, deny the petition or approve the petition with conditions. If the petition is approved, the conflict with the ordinance is allowed. If the petition is denied, the ordinance is enforced as it exists. If conditions are applied to the petition the conflict is allowed only if certain "reasonable" requirements outlined by the Board are met. Whether a requirement is reasonable or not is determined by the Courts. If a condition is found to be invalid by the Courts the petition becomes invalid, and the non-conforming use is not permitted. When evidence is presented it cannot be based on hearsay or written testimony. Witnesses that support or oppose a petition must be present to testify at the Board meeting. Any physical evidence that is presented to the Board becomes the property of the Board.
The Board must make its decision no later than thirty (30) days from the time of the hearing. The board will notify all applicants of their decision no later than (3) three days after that decision is made. The normal procedure is that the Board will make a decision the night of the meeting.
Petitions that are approved are allowed to use their property based on the Board's approval. All conditions that apply must be met. If the applicant does not obtain a building permit or certificate of occupancy within six (6) months of the Board's decision the Board's approval will expire and a new petition must be filed.
Petitions that are denied by the Board must abide by the current ordinance. The Board will not hear the same case again unless major changes occur. Applicants can accept the decision, appeal the decision to Superior Court, within 30 days of the Board's decision or petition to amend the Town ordinances.
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Mayor's Message
