Within its powers, the Board of Building and Zoning Appeals may reverse or affirm, wholly or in part, the decision being appealed, and to that end shall have all the powers of the officers from whom the appeal is taken, and it may direct the issuance of an approval, a permit
or certificate.
(a) The Board shall render a decision on the appeal within forty-five (45) days from the date of the hearing unless an extended period of time is mutually agreed upon by the applicant and the Board. If the Board fails to act within such period of time, the appellant may determine the appeal has been denied.
(b) The Board shall notify the appellant in writing of the decision of the Board.
(c) The Zoning Administrator, or his/her designee, shall keep minutes of all proceedings upon appeal, showing the vote of each member thereon, and shall keep record of the Board’s official actions.
(d) Once the appellant has received the Board's decision, he/she may submit, within twelve (12) months following the date of approval, an application for a zoning certificate, a development plan, or conditional use certificate that complies with the Board of Building and Zoning Appeal's decision. A copy of the Board of Building and Zoning Appeal's decision shall be attached to the application. If action is not taken by the appropriate party within the above-specified time frame, the authorization of the appeal shall become null and void, and reapplication to the Board shall be necessary. (Ord. 2006-35. Passed 5-25- 06.)