(a) Powers and Functions. As amended by the Charter of the City of Hudson from time to time, the powers and functions of the Board of Zoning and Building Appeals ("BZBA") with respect to administering this Code are as follows:
(1) Appeals. Hold public hearings, review, and take final action on appeals from actions of the Architecture and Historic Board of Review, Zoning Inspector, City Manager, Community Development Director, or other administrative official in interpreting this Code.
(2) Variances. Hold public hearings, review, and take final action on applications for variances from the terms and provisions of this Code.
(3) Conditional uses. Hold public hearings, review, and take final action on appeals from the actions of the Planning Commission in denying or allowing a conditional use.
(4) Nonconforming uses/structures/lots. Hold public hearings, review, and take final action on applications for enlargement, extension, substitution, or replacement of a nonconforming use or structure.
(5) Interpretation. Hold public hearings, review, and take final action on appeals from the City Manager's action on disputes concerning, or requests for, interpretations of the Official Zoning Map.
(b) Operations.
(1) Membership.
A. As amended by the Charter of the City of Hudson from time to time, the Board of Zoning and Building Appeals shall consist of five qualified electors of the City, appointed by the City Council and not holding other public office.
B. Each member shall serve without compensation for staggered four year terms. In the event of a vacancy, City Council shall appoint a qualified elector to fill the unexpired term.
C. Each member shall have been a resident of the City for a minimum of two years preceding the appointment and shall continue to remain a resident during the member’s term.
D. Members shall serve no more than three consecutive full four-year terms.
(2) Quorum and voting. Three members of the BZBA shall constitute a quorum. The Board shall act by resolution, and the concurring votes of three members of the Board shall be necessary to reverse any order or determination of the Architecture and Historic Board of Review, Zoning Inspector, City Manager, Community Development Director, Planning Commission (in the appeal of a conditional use decision), or other administrative official in interpreting this Code, or to decide in favor of an applicant in any matter on which the Board has original jurisdiction under this chapter or the Charter or to grant any variance from the requirements of this Code.
(3) Meetings and rules.
A. The BZBA shall organize and adopt rules for its own government in accordance with this chapter.
B. Meetings of the BZBA shall be held at the call of the Chairman and at such other times as the Board may determine.
C. The Chairperson, or in the Chairperson's absence the acting Chairperson, has the authority to administer oaths and the Board may compel the attendance of witnesses and evidence through the power of subpoena within the municipal boundaries of the City. The power of subpoena shall be exercised through procedures established by the Board in its rules.
D. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Manager, and shall be a public record.
(4) Filing of appeals.
A. An appeal to the BZBA may be taken by any party-in-interest or by any officer of the City affected by any decision of the Architecture and Historic Board of Review, Zoning Inspector, City Manager, Community Development Director, Planning Commission (in the appeal of a conditional use decision), or any decision in which the BZBA has original jurisdiction.
B. All appeals shall be filed with the BZBA within twenty days after the decision by filing with the City Manager a notice of appeal specifying the grounds thereof.
C. The City Manager shall transmit a copy of the notice of appeal to the BZBA, together with all the documents and other materials constituting the record upon which the action appealed from was taken.
(5) Filing of applications. An application, in cases in which the BZBA has original jurisdiction under the provisions of this Code or the Charter (such as variances), may be taken by any property owner, including a tenant, or by a government officer, department, division, bureau, board, or commission. Such application shall be filed with the City Manager, who shall transmit it to the BZBA.
(6) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Inspector or City Manager certifies to the BZBA, after notice of appeal has been filed, that by reasons of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed except by an order which may, on due cause shown, be granted by the BZBA on application after notice to the Zoning Inspector or City Manager, or by order resulting from judicial proceedings.
(7) Hearings. At a public hearing convened by the BZBA, any person or party-in-interest may appear in person or may be represented by an attorney.
(8) Decisions.
A. The BZBA shall take final action on an appeal or application within thirty days after the conclusion of the public hearing thereon.
B. Findings. All decisions of the BZBA shall be based on written findings of fact related to the relevant standards or criteria set forth in this Code.
C. A certified copy of the BZBA's decision shall be transmitted to the applicant or appellant and to the board, commission, or officer from whose decision an appeal was taken. Such decision shall be binding on such board, commission, or officer, and the terms and conditions of the BZBA action shall be incorporated into the approval, permit, or certificate, whenever an approval, permit, or certificate is authorized by the BZBA.
(Ord. 18-93. Passed 10-15-19; Ord. 21-46. Passed 8-17-21.)