(a) In exercising the powers conferred upon it, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made, and to that end shall have all the powers of the Zoning Administrator charged by this Zoning Ordinance with enforcement. The concurring affirmative vote of the majority of the Board Members appointed shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant in any matter of which it has jurisdiction. The Board may, upon the affirmative vote of the majority of the Board Members appointed, reconsider any decision made and, upon such consideration render a decision by formal resolution. Every decision of the Board shall be based upon a finding of fact based on sworn testimony which finding of fact shall be reduced to writing and preserved among its records.
(b) In granting a permit under the powers conferred herein, the Board may stipulate the manner in which the variance or conditional use shall be carried out, or may require other improvements and safeguards for the protection of the health, safety and welfare of owners and occupants of surrounding lots or the public. Specifically, the Board in such cases may attach conditions dealing with:
(1) Paving, shrubbery, ornamental or screening fence or wall;
(2) Control or elimination of smoke, dust, radiation, vibration, gas, noise or odor;
(3) Hours of operation;
(4) Location of exits or show windows;
(5) Cleaning and painting;
(6) Nonconforming uses of land or buildings.
(7) Direction and intensity of outdoor illumination;
(8) Amount and location of off-street parking, loading and signs;
(9) A period of time after which the permitted variation or conditional use shall expire.
(c) The Board shall decide all applications for variances, conditional uses and appeals within thirty days after the final hearing thereon.
(d) The applicant shall be notified in writing of the Board's decision and the findings of fact which were the basis for the Board's determination within fourteen days thereafter.
(e) The Board may reverse or affirm wholly or partly, or may modify the order, requirements, decision or determination of the Zoning Administrator as in its opinion ought to be made in the premises. The decision shall state any conditions and safeguards necessary to protect the public interest.
(f) In reading a decision, the Board shall be guided by standards specified in the Zoning Ordinance as well as by the community goals and policies specified in a comprehensive plan and any recommendations made by the Planning Commission.
(g) A certified copy of the Board's decision including all terms and conditions shall be transmitted to the Zoning Administrator and shall be binding upon and observed by him. The Zoning Administrator shall fully incorporate these same terms and conditions in the permit to the application whenever a permit is authorized by the Board.
(h) In rendering a decision, the Board should show that:
(1) It has considered and evaluated all available information and evidence.
(2) It has heard all parties in question.
(3) Any personal knowledge the Board may have of the subject under question has been taken into account.
(4) The Board has received a report on the case based upon an inspection of the parcel in question.
(Ord. 11-07. Passed 7-18-07.)