In exercising the above-mentioned powers, the Board may, in conformity with the provisions of law, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination as it believes proper and, to that end, shall have the powers of the Zoning Administrator.
(A) The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or any other administrative official, or to effect any variation from the terms of this chapter, or to decide in favor of the application on any matter upon which it is required to pass under this chapter; provided, however, that, the action of the Board shall not become effective until after the resolution of the Board, setting forth the full reason for its decision and the vote of each member participating therein, has been filed in the office of the Zoning Administrator.
(B) Every decision made by the Board shall be supported by written testimony or evidence submitted in connection therewith.
(C) In authorizing a variance, special exception or conditional use, the Board may impose such conditions as it may deem necessary to carry out the purposes of this chapter. These conditions may increase the required lot or yard, control the location and number of vehicular access points to the property, limit the number of signs, limit coverage or height of buildings because of obstruction to view and reduction of light and air to adjacent property, and require screening and landscaping where necessary to reduce noise and glare and maintain the property in a character in keeping with the surrounding area. In authorizing a variance, special exception or conditional use with attached conditions, the Board shall require such evidence and guarantee or bond as it may deem to be necessary, to enforce compliance with the attached conditions. Any violation of the conditions when made a part of the terms under which the variance, special exception or conditional use is granted, shall be deemed a violation of this chapter.
(D) The Board’s decision shall be binding upon the Zoning Administrator and observed by him or her, and he or she shall incorporate the terms and conditions of the same in the permit to the applicant, whenever a permit is authorized by the Board.
(E) If any application for a variance shall have been denied by the Board, then no new application for the same relief shall be considered by the Board unless the Board should find that conditions have changed.
(F) The Board reserves the right to revoke the authorization of a conditional use if the conditions specified for the use are not adhered to by the applicant and subsequent parties; provided, however, that, no conditional use shall be revoked without a public hearing as provided for herein.
(G) Whenever any application for a conditional use permit shall have been denied by the Board of Adjustment, then no new application covering the same property or the same property and additional property shall be filed with or considered by the Board of Adjustment until one year shall have elapsed from the date of the filing of the first application. In the event new evidence is presented within 30 days of said denial, one re-application may be made of a denied conditional use request. In the event said re-application results in a denial, no new application shall be made until the elapse of the one-year period described above.
(Ord. passed - -2010)