Land Development Code :: Back to Table of Contents

Section 1202.03    Board of Zoning and Building Appeals

  1. 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.

  2. Operations
    1. Membership
      1. 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 (5)
        electors of the City of Hudson, appointed by the City Council and not
        holding other public office.
      2. Each member shall serve without compensation for a term of four (4)
        years. In the event of a vacancy, City Council shall appoint a
        qualified elector to complete the unexpired term.
      3. Each member shall have been a resident of the City of Hudson for a
        minimum of two (2) years preceding the appointment.
      4. Members shall serve no more than three (3) consecutive full terms.

    2. Quorum and Voting
      Three (3) 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
      1. The BZBA shall organize and adopt rules for its own government in
        accordance with this Chapter.
      2. Meetings of the BZBA shall be held at the call of the Chairman and
        at such other times as the Board may determine.
      3. 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.
      4. 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 Superintendent of Building Inspection, and shall be a
        public record.

    4. Filing of Appeals.
      1. An appeal to the BZBA may be taken by any party-in-interest or by
        any officer of the City of Hudson 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.
      2. All appeals shall be filed with the BZBA within twenty (20) days
        after the decision by filing with the City Manager a notice of appeal
        specifying the grounds thereof.
      3. 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
      1. The BZBA shall take final action on an appeal or application within
        thirty (30) days after the conclusion of the public hearing thereon.
      2. 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.
      3. 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.