(a) The powers and duties of the BZA shall be as follows:
(1) To permit exceptions to and variances from the provisions of this Code, as provided in this section hereof;
(2) To authorize or deny a conditional use permit where the Building and Zoning Inspector has forwarded an application to the BZA for review;
(3) To authorize the operation of a similar use through the similar use determination process set forth under this section hereof;
(4) To establish such reasonable conditions, regulations, and standards in the approval of a, conditional use, variance or exception, or other official action as necessary to ensure that the design, construction, and operation of the use or structures subject to such approval are carried out consistent with the purpose and intent of this Code and of the ordinances of the Village;
(5) To make interpretations, upon request of the Building and Zoning Inspector or upon appeal from any property owner of the Village, of the meaning and application of the provisions and illustrations of this Code and of the Zoning Map of the Village including:
i. Determination of the exact boundary lines of districts or zones;
ii. Determination of the meanings of the permitted uses and conditional uses as listed in the districts or zones, and
iii. Determination of the rules applicable to the filing of applications, review procedures, and permit issuances; provided however, the BZA shall not make such interpretations as the Village Attorney may determine should be a matter of legislative action by Village Council.
(6) To grant or deny a zoning certificate when the question of the issuance of such certificate is referred to it by the Building and Zoning Inspector, or when the provisions of this Zoning Code indicate that the Board shall consider such question;
(7) To overrule or amend any official action of the Building and Zoning Inspector when an applicant makes an appeal for such relief and when the Board determines that such action has been contrary to the intent and spirit of this Code. For such purpose, the Board may make null and void any zoning certificate issued or any action taken by the Planning and Zoning
(8) Administrator by notifying the Building and Zoning Inspector and the principal interested party or parties in writing;
(9) To hear appeals from the Property Maintenance Code as provided for in that code; and
(10) Such other official action consistent with the powers, duties, or authorities of the Board as set forth by the provisions of this Code or assigned by Village Council.
(b) In furtherance of its duties and powers under this Code, the BZA shall operate in accordance with the following procedures:
(1) Three (3) members present shall constitute a quorum of the BZA;
(2) All action taken by the Board shall be initiated by motion and shall be recorded in the minutes. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if a member is absent or fails to vote, the minutes shall indicate such fact; and
(3) Three (3) affirmative votes shall be required for the passage of any motion.
(Ord. 32-2020. Passed 1-19-21.)