Powers and duties of Board.
§ 255-410. Powers and duties of Board.
A. The Board shall have the following powers and duties:
(1) To hear and decide appeals in a timely fashion where it is alleged there is error in any order, requirement, decision, or determination made by the Building Inspector or the Zoning Enforcement Officer ("ZEO") in the enforcement or interpretation of the Zoning Enabling Act or this chapter;
(2) To hear and decide appeals from a party aggrieved by a decision of the Historic District Commission when and if historic district zoning is established in the Town;
(3) To authorize, upon application, in specific cases of hardship, variances in the application of the terms of this chapter;
(4) To authorize, upon application, in specific cases, special use permits;
(5) To refer matters to the Planning Commission, or to other boards or agencies of the Town as the Board may deem appropriate, for findings and recommendations;
(6) To provide for issuance of conditional zoning approvals where a proposed application would otherwise be approved except that one or more state or federal agency approvals which are necessary are pending. A conditional zoning approval shall be revoked in the instance where any necessary state or federal agency approvals are not received within a specified time period;
(7) To promulgate rules and regulations to enforce this chapter;
(8) To provide for the payment of reasonable fees, in an amount not to exceed actual costs incurred, to be paid by the appellant or applicant for the adequate review and hearing of applications, the issuance of zoning certificates, and for the recording of the decisions thereon; and (9) To hear and decide other matters, according to the terms of this chapter or other statutes, and upon which the Board may be authorized to pass under this chapter or other statutes.
B. In exercising its powers the Board may reverse or affirm wholly or partly and may modify the order, requirement, decision, or determination appealed from and may make such orders, requirements, decisions, or determinations as ought to be made, and to that end shall have the powers of the officer from whom the appeal was taken. All decisions and records of the Board with respect to appeals shall conform to the provisions of Code § 255-4130B.