10-3-7 BOARD OF ADJUSTMENT

There is hereby created and established a Randolph Board of Adjustment. A. Appointment, Terms, Membership, Removal, and Vacancies: 1. The Town Board shall appoint members to the Board of Adjustment. 2. The Board of Adjustment shall consist of five (5) members. One member of the Board of Adjustment shall be a member of the Randolph Planning Commission. 3. All members of the Board of Adjustment shall serve at the pleasure of the Town Board and may be removed by a majority vote of the Town Board. 4. All members shall serve a term of three (3) years, except that in the case of the first Board of Adjustment appointed under the provisions of this section, one (1) shall be appointed for an initial term of one (1) year, two (2) members shall be appointed for an initial term of two (2) years, two (2) members shall be appointed for an initial term of three (3) years. Any vacancy created during the term of a member shall be filled for only the remainder of the unexpired portion of that term. 5. At the beginning of every year, except that in the case of the first Board of Adjustment shall elect one (1) of its members Chair one (1) of its members Vice Chair. In the absence of the Chair, the Vice Chair shall act as Chair and shall have all powers of the Chair. The Chair shall serve a term of one (1) year except that in the case of the first Board of Adjustment which the term shall end at the conclusion of the calendar year. No member shall serve as Chair for more than two (2) consecutive one (1) year terms. 6. The Chair, or in the Chair’s absence the Vice Chair , shall be in charge of all proceedings brought before the Board of Adjustment, and shall take such action as shall be necessary to preserve order and the integrity of all proceedings brought before the Board of Adjustment. B. Recording Secretary: The Mayor shall appoint a recording secretary to serve the Board of Adjustment. The secretary shall keep the minutes of all proceedings of the Board of Adjustment, which minutes shall be a summary of all proceedings before the Board of Adjustment, attested to by the majority of the members of the Board of Adjustment through a vote. In addition, the recording secretary shall maintain all records of the Board of Adjustment, meetings, hearings and proceedings, the correspondence of the Board, and a mailing list of persons registering to receive notices of meetings, agendas or minutes and who have paid annual fee set by the Town Board to solely cover the copying and mailing cost for receiving all notices and agendas. C. Quorum and Necessary Vote: No meeting of the Board of Adjustment may be called to order without a quorum consisting of at least three (3) members of the Board present. No business shall be transacted without a majority of all members being present. All actions shall require the concurring vote of the majority of the members present, unless stricter voting procedures are established by the Board of Adjustment. The Chair shall be numbered as a member of the quorum and shall act as a voting member. D. Meetings, Hearings, and Procedures: The Board of Adjustment shall meet whenever an appeal has been made in regard to section II-VII-F1 below. Special meetings may be requested by the Town Board, the members of the Planning Commission or the Mayor. E. Powers and Duties: 1. The Board of Adjustment shall hear and decide: a. Appeals from final administrative decisions applying the zoning provisions of this title; b. Appeals from lot determination by the Planning Commission; c. Variances from the terms of the zoning provisions established in this Title, said variances to be only granted pursuant to the provisions of this Title regarding variances; d. Appeals from zoning decisions of the Planning Commission for issuance of building permits, except that appeals of decisions from the building official regarding the requirements of the building code and/or international residential code and related building and fire codes go to the appropriate appellate authority in accordance with state law. 2. The Board of Adjustment shall not have any power, jurisdiction or authority to consider any of the following: a. Variances to the standards governing approval of subdivisions, site plans, specially planned area plans, consent agreements, levels of service, or Conditional Use Permits; b. Amendments to the Randolph General Plan and any element or map hereof or any provision or map of this Title, including permissible use of land within any land use category or zoning district; or c. Variances from the use provisions of the zoning regulations.