Chapter 4. Board of Adjustment

4.1 Board, Number of Members, Appointment, Term and Removal, Vacancies

The Rockville Town Board of Adjustment shall consist of five (5) members, each to be appointed by the Town Council for the term of five (5) years provided that the term of one (1) member shall expire each year. Terms shall be January 1 to December 31, or until replaced. Term vacancies shall be filled by the following procedure: (a) Notification of vacancy shall be posted and requests for consideration accepted through the last business day of December, before 4 p.m.; (b) The Mayor, with the advice and consent of the Town Council, shall appoint the replacements at the Town Council meeting in January, or the earliest possible date thereafter. Any member may be removed for cause by the appointing authority upon written charges and after public hearing, if such hearing is requested. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

4.2 Officers

The Rockville Town Board of Adjustment shall elect a Chairperson and Vice-Chairperson from among its members, whose terms shall be for one (1) year, or until replaced. In the absence of the chairperson or vice-chairperson, the quorum shall elect a chairperson pro-tem for that meeting.

4.3 Duties and Powers of Board

The Rockville Town Board of Adjustment shall have the following powers:

A. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this article or of any ordinance adopted pursuant thereto.

B. To hear and decide special exceptions to the terms of this Code upon which such Board is required to pass under the provisions of this Code.

C. To authorize variance from the terms of this Code. The Board of Adjustment may grant a variance only if:

1) literal enforcement of the Land Use Code would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purposes of the Land Use Code;

2) there are special circumstances attached to the property that do not generally apply to other properties in the same district;

3) granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district;

4) the variance will not substantially affect the General Plan and will not be contrary to the public interest; and

5) the spirit of the Land Use Code is observed and substantial justice done.

4.4 Meetings

Meetings of the Rockville Town Board of Adjustment shall be held quarterly at the call of the Chairman, and at such other times as the Board may determine. The Chairman may administer oaths and compel the attendance of witnesses. All meetings of the Rockville Town Board of Adjustment shall be properly advertised and shall be open to the public. Notice of Board of Adjustment meetings shall be mailed to all property owners appearing on the latest ownership plat in the Washington County Recorders Office within a 300-foot radius of any property for

which an action of the Board of Adjustment is being requested. A fee set by resolution must accompany the application to meet the expense of this notification requirement.

4.5 Minutes

The Rockville Town Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failure to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be filed with the Rockville Town Clerk and shall be public record.

4.6 Quorum & Vote

A quorum shall be considered three (3) members of the Rockville Town Board of Adjustment, and no business shall be conducted unless a quorum is present. The concurring vote of three (3) members of the Rockville Town Board of Adjustment shall be necessary to remove any order, requirement, or determination of any such administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under this Code or to effect any variation in the provisions of this Code.

4.7 Action to be Taken

Approval or disapproval, rejection, or modified approval of an application shall be based upon findings which shall be made a part of the official record

4.8 Appeals to Board--Time, Persons Entitled, Transmission of Papers

Appeals to the Rockville Town Board of Adjustment may be taken by any person aggrieved or by any officer, department, or board of Rockville Town affected by any decision of the administrative officer. Such appeal shall be taken within fifteen (15) days as provided by the rules of the Board by filing with the officer from whom the appeal is taken and with the Rockville Town Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Rockville Town Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.

4.9 Stay of Proceedings Pending Appeal

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Rockville Town Board of Adjustment after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would in his or her opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the Rockville Town Board of Adjustment or by the District Court on application and notice and on due cause shown.

4.10 Decision on Appeal

In exercising the above-mentioned powers, the Rockville Town Board of Adjustment may in conformity with the provisions of this Code reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such offer, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

4.11 Rules

The Rockville Town Board of Adjustment shall adopt rules for the regulation of its procedure and the conduct of its duties not inconsistent with the provisions of this Code or of the State law. Such rules, to become effective, shall be first reviewed by the Rockville Town Council.

4.12 Judicial Review of Board's Decision - Time Limitation

Any person aggrieved by any decision of the Rockville Town Board of Adjustment may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction; provided, petition for such relief is presented to the court within thirty (30) days after the filing of such decision in the office of the Board.