§ 6.2. Board of Adjustment and Appeals.

There is hereby created and established a Board of Adjustment and Appeals which shall consist of the number of members which the Council may specify by ordinance from time to time. Such members shall be appointed by the Council for overlapping terms of three (3) years. Each member shall be a registered elector of the Town.

The Board shall have the power to hear and determine appeals from refusals of building permits, violation of the zoning ordinance and to make exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. However, it shall be the Planning Commission and not the Board of Adjustment and Appeals who shall hold hearings to consider variances from the strict application of the Town zoning ordinance and who shall make recommendation to the Council pertaining to the same. The findings and decisions of the Board shall be final, subject only to judicial review.

The Board shall keep minutes of its proceedings, show the vote taken and keep records of its examinations and other official actions. Every order, requirement, decision or determination of the Board shall be filed in the office of the Clerk.

The Board shall exercise the functions and powers and perform the duties assigned to it by this Charter and the ordinances of the Town.