§ 15-1-608 — Board of adjustment; powers and duties; vote required

(a) The board shall:
(i) Hear and decide:
(A) Appeals from and review any order,
requirement, decision or determination made by an administrative
official charged with the enforcement of any ordinance adopted
pursuant to this article;
(B) All matters referred to it or upon which it
is required to pass under any such ordinance.
(ii) Fix a reasonable time for hearing an appeal,
give public notice, adequate notice to the parties in interest
and decide the appeal within a reasonable time. Any party may
appear in person at a hearing or by agent or attorney;
(iii) Adopt rules in accordance with the provisions
of any ordinance adopted pursuant to this article.
(b) The board has the power to:
(i) Hear and decide special exemptions to the terms
of the ordinance upon which the board is required to pass under
the ordinance;
(A) Repealed by Laws 1984, ch. 15, § 2.
(ii) Vary or adjust the strict application of any of
the requirements of any ordinance adopted pursuant to this
article in the case of any physical condition applying to a lot
or building if the strict application would deprive the owner of
the reasonable use of the land or building involved. No
adjustment in the strict application of any provision of an
ordinance may be granted unless:
(A) There are special circumstances or
conditions, fully described in the board's findings, which are
peculiar to the land or building for which the adjustment is
sought and do not apply generally to land or buildings in the
neighborhood, and have not resulted from any act of the
applicant subsequent to the adoption of the ordinance;
(B) For reasons fully set forth in the board's
findings, the circumstances or conditions are such that the
strict application of the provisions of the ordinance would
deprive the applicant of the reasonable use of the land or
building, the granting of the adjustment is necessary for the
reasonable use thereof and the adjustment as granted is the
minimum adjustment that will accomplish this purpose; and
(C) The granting of the adjustment is in harmony
with the general purposes and intent of the ordinance and will
not be injurious to the neighborhood or otherwise detrimental to
the public welfare.
(iii) Grant exceptions and variances upon request
after a showing that an illegal construction or a nonconforming
building or use existed for a period of at least five (5) years
in violation of local ordinance and the city or town has not
taken steps toward enforcement;
(iv) Reverse or affirm wholly or partly the order,
requirement, decision or determination as necessary, but no
power exercised under this paragraph shall exceed the power or
authority vested in the administrative officer from whom the
appeal is taken.
(c) The concurring vote of a majority of the board is
necessary to reverse any order, requirement, decision or
determination of any administrative official, or to decide in
favor of the application on any matter upon which it is required
to pass under any ordinance or to effect any variation in the
ordinance.