11-816

11-816. Boards of adjustment; powers; appeals

(Eff. 10/1/11)

A. There shall be one or more boards of adjustment composed of not less than three
nor more than five members each, one of which shall be appointed in and shall have
jurisdiction in each supervisorial district in which the zoning ordinance has been
applied. The members of each board shall be appointed for staggered terms of four years
each. They shall be residents and taxpayers of the district from which they are
appointed.

B. The board of adjustment may:

1. Interpret the zoning ordinance if the meaning of any word, phrase or section is
in doubt, if there is dispute between the appellant and enforcing officer or if the
location of a district boundary is in doubt.

2. Allow a variance from the terms of the ordinance if, owing to peculiar
conditions, a strict interpretation would work an unnecessary hardship and if in granting
the variance the general intent and purposes of the zoning ordinance will be preserved.

C. Appeals to a board of adjustment may be taken by any person who feels that there
is error or doubt in the interpretation of the ordinance or that due to unusual
circumstances attaching to the person's property an unnecessary hardship is being
inflicted on the person. The appeal shall state whether it is a plea for an
interpretation or a variance and the grounds for the appeal.

D. Any person aggrieved in any manner by an action of a board of adjustment may
appeal within thirty days to the superior court, and the matter shall be heard de novo.