This chapter shall be known and may be cited
by a short title of the "Village of Akron Zoning Ordinance."
The purpose of this chapter is to encourage
the most appropriate use of land throughout the village and to conserve
the value of property, with due consideration for the character of
the zones and their peculiar suitability for particular uses, all
in accordance with a comprehensive plan designed to lessen congestion
in the streets; to secure safety from fire, flood, panic and other
dangers; to promote health and the general welfare; to provide adequate
light and air; to avoid all pollution; to prevent the overcrowding
of land, to avoid undue concentration of population and to that end
to regulate the height and size of buildings and other structures;
the percentage of the area of the lot that may be occupied; the size
of yards, and other open spaces; the density of population, and the
location and use of buildings, structures and land for trade, industry,
residence or other purposes; and the location of these uses within
the limits of the village.
For the purpose of this chapter, all words used
in the present tense include the future tense. All words in the plural
number include the singular number, and all words in the singular
number include the plural number, unless the natural construction
of the word indicates otherwise. The word "person" includes a firm,
association, organization, partnership, trust, company or corporation
as well as an individual. The word "shall" is mandatory and directory.
The word "may" is permissive. The word "used" includes "designed,
intended or arranged to be used."
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Except as provided in § 165-44 of this chapter, it is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with any existing provisions of the law or ordinance or any rules, regulations or permits previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or requires larger yards, courts or other open spaces than are imposed or required by such existing provisions of law or ordinance, or by such rules, regulations or permits, or by such easements, covenants or agreements, the provisions of this chapter shall control.
A.
Whenever the requirements of this chapter are at variance
with the requirements of any other lawfully adopted rules, regulations
or ordinances, the most restrictive or those imposing the higher standards
shall govern.
B.
It shall be the duty of the Code Enforcement Officer
to inspect or examine any building, plans or premises and to order
in writing the remedying of any condition found to exist in violation
of this chapter, and he shall have the right to enter any building
or premises during the daytime in the cause of his duties.
A.
In addition to the remedy or remedies provided, any
person violating this chapter or any provision or section thereof
may be proceeded against by the Village of Akron or by the Code Enforcement
Officer or by the owner of any property in the Village of Akron by
appropriate action or by proceeding in equity or otherwise to prevent
and enjoin any threatened or real violation of this chapter.
B.
Each week that a violation is permitted to exist shall
constitute a separate offense.
The Village Board of Trustees may from time
to time on its own motion, or on petition, or on recommendations from
the Planning Board, amend, supplement or repeal any of the regulations,
provisions or sections of this chapter after proper and legal requirements
have been met. Every such proposed amendment shall be referred to
the Planning Board for report thereof before the public hearing hereinafter
provided for. The Village Board by resolution adopted at a stated
meeting shall fix the time and place of a public hearing on the proposed
amendments and cause notice to be given as required by law.
A.
The duty of administering and enforcing the provisions
of this chapter is hereby conferred upon the Code Enforcement Officer,
who shall have such powers as are conferred upon him by this chapter
and as reasonably may be implied. He shall be appointed by the Village
Board of Trustees and shall receive such compensation as the Village
Board shall determine.
B.
Duties of the Code Enforcement Officer.
(1)
It shall be the duty of the Code Enforcement Officer,
or his duly authorized assistants, to cause any plans, buildings or
premises to be examined or inspected to determine that they are not
in violation of the provisions of this chapter.
(2)
Where the Code Enforcement Officer, in the course
of his duties, determines that any plans, buildings or premises are
in violation of the provisions of this chapter, he shall order the
responsible party in writing to remedy such conditions. Said written
order shall specify the nature of the violation found to exist, the
remedy ordered and the time permitted for such action, the penalties
and remedies which may be invoked by the village and the violator's
rights of appeal, all as provided for by this chapter. On the serving
of notice of the Code Enforcement Officer to the owner of any violation
of any of the provisions of this chapter, the certificate of occupancy
for such building or use shall be held null and void. A new certificate
of occupancy shall be required for any further use of such building
or premises.
(3)
The Code Enforcement Officer shall maintain a permanent
record of all matters considered and all action taken by him. Such
records shall form a part of the records of this office and shall
be available for the use of the Village Board of Trustees and other
officials of the village. The records to be maintained shall include
at least the following:
(a)
Application file. An individual permanent file
for each application for a permit provided for by this chapter shall
be established at the time the application is made. Said file shall
contain one copy of the application and all supporting documents,
maps and plans, notations regarding pertinent dates and fees and the
like; as appropriate, one copy of the resolution of the Board of Appeals
in acting on the application; and the date the permit applied for
was issued or denied by the Code Enforcement Officer.
(b)
Monthly report. The Code Enforcement Officer
shall prepare a monthly report for the Village Board of Trustees.
Said report shall cite all actions taken by the Code Enforcement Officer,
including all referrals made by him, all permits and certificates
issued and denied and all complaints of violations received and all
violations found by him, and the action taken by him consequent thereon.
A copy of this monthly report shall also be transmitted to the Code
Enforcement Officer, to the Tax Assessor, Planning Board and Board
of Appeals at the same time it is transmitted to the Village Board.
C.
Certificates and permits.
(1)
The certificates and permits enumerated herein are
hereby established for the equitable enforcement and administration
of the provisions of this chapter. A zoning permit or special use
permit shall be a prerequisite to the issuance of a building permit
as prescribed by the New York State Uniform Fire Prevention and Building
Code.
(a)
Zoning permit. The Code Enforcement Officer
is hereby empowered to issue a zoning permit for any plans regarding
the construction or alteration of any building or part thereof, where
he shall determine that such plans are not in violation of the provisions
of this chapter.
(b)
Special use permit. Upon written direction of
the Board of Appeals, the Code Enforcement Officer is hereby empowered
to issue any special use permit provided for by this chapter.
(c)
Certificate of occupancy. The Code Enforcement
Officer is hereby empowered to issue a certificate of occupancy which
shall certify that all provisions of this chapter have been complied
with in respect to the location and use of the building, structure
or premises in question.
D.
Application procedures.
(1)
Procedures for a zoning permit.
(a)
All applications for zoning permits shall be made to the Code Enforcement Officer in the detail specified in Subsection E of this section. Where the proposed use is a single-family residential use in a residential district, the Code Enforcement Officer shall carefully consider the application and supporting documents for compliance with this chapter and either issue or deny the zoning permit applied for. When the application is for any other use in any zone, the Code Enforcement Officer shall, prior to the issuance of any permit, refer one copy of such plans, drawings and statements to the Planning Board and one copy to the Mayor for their review and recommendations. The Planning Board shall determine that the proposed site plan and structures will compare favorably with community standards, other neighborhood improvements and the properly intended and planned appearance throughout any street or neighborhood.
(b)
The Planning Board shall, within 30 days after
receipt of said material, approve or disapprove the proposed development
or construction. In the event of disapproval, the reasons shall be
stated clearly to the Code Enforcement Officer in writing. The Code
Enforcement Officer shall deny a zoning permit for the proposed construction
until such conditions as the disapproval is based upon have been corrected
and written approval of the Planning Board is obtained. The absence
of a reply from the Planning Board within the thirty-day period shall
constitute approval, and the Code Enforcement Officer shall proceed
on the basis of such approval.
(2)
Procedures for special use permits.
(a)
All applications for special use permits shall
be made to the Code Enforcement Officer. The Code Enforcement Officer,
after determining that an application is in the proper form, shall
transmit one copy of the application and all supporting documents
to the Secretary of the Board of Appeals for referral to the Board
for action thereon. At the same time, the Code Enforcement Officer
shall transmit one copy of the application and all supporting documents
to the Planning Board for review of the site plan and for an evaluation
of the proposed goals and objectives and policies established by the
Village Comprehensive Plan.
(b)
The Planning Board shall review the application
and within 30 days after the receipt of such application make a written
report to the Board of Appeals setting forth its findings and recommendations
concerning the application. In making its recommendations, the Planning
Board may suggest any revision to the site plan or other plans as
will, in its opinion, cause the proposed use to be in substantial
conformance with the Comprehensive Plan and its principles of land
use and development.
(c)
The Board of Appeals shall conduct a public
hearing on applications referred to it by the Code Enforcement Officer
in accordance with the procedures and requirements established elsewhere
in this chapter. Within 62 days from the date of such public hearing,
the Board of Appeals shall by resolution either approve or disapprove
the application so heard. In approving an application, the Board may
impose only those modifications or conditions specified in this chapter
to protect the health, safety or general welfare of the public.
[1]
If an application is approved by the Board of
Appeals, the Code Enforcement Officer shall be furnished with a copy
of the approving resolution of the Board, and he shall issue the permit
applied for in accordance with the conditions imposed by the Board
of Appeals.
[2]
If any application is disapproved by the Board
of Appeals, the reasons for such denial shall be set forth in the
Board's resolution, and a copy of such resolution shall be transmitted
to the Code Enforcement Officer. The Code Enforcement Officer shall
deny the application accordingly by providing the applicant with a
copy of the Board's reasons for disapproval.
[3]
A special use permit shall be deemed to authorize
only one particular special use and shall expire if the special use
shall cease for more than six months for any reason.
[Added 4-24-1972]
[4]
Standards applicable to all special uses:
[Added 4-24-1972]
[a]
The location and size of the use, the nature
and intensity of the operations involved, the size of the site in
relation to it and the location of the site with respect to the existing
or future streets giving access to it shall be such that it will be
in harmony with the orderly development of the district, and the location,
nature and height of buildings, walls and fences will not discourage
the appropriate development and use of adjacent land and buildings
or impair the value thereof.
[b]
Operations in connection with any special use
shall not be more objectionable to nearby properties by reason of
noise, fumes, vibration or flashing lights than would be the operations
of any permitted use.
(3)
Procedures for a certificate of occupancy. Following
the completion of the construction, reconstruction or alteration of
any building, or where a change in the use of a structure is proposed,
the applicant shall transmit by registered mail to the Code Enforcement
Officer a letter stating that such construction has been completed
or that a new use has been proposed. Within seven days of the receipt
of this letter, the Code Enforcement Officer shall make all necessary
inspections of the completed structure and proposed use to determine
the conformance with this chapter. A certificate of occupancy shall
be issued only if the Code Enforcement Officer finds that the construction
and proposed use comply with all the requirements and provisions of
this chapter.
E.
Application details. Each application for a zoning
permit or special use permit shall be made in triplicate and with
accompanying site plan. The materials to be submitted with each application
shall clearly show the conditions on the site at the time of the application,
the features of the site which are to be incorporated into the proposed
use or building and the appearance and function of the proposed use
or building. As a minimum, the application shall include the following
information and plans for both "before" and "after" conditions:
(1)
The location, use, design and dimensions and height
of each use and building.
(2)
The location and arrangement of vehicular accessways,
and the location, size and capacity of all areas used for off-street
parking, loading and unloading.
(3)
The location and dimensions of sidewalks, walkways
and other areas established for pedestrian use.
(4)
The design and treatment of open areas, buffer areas
and screening devices maintained, including dimensions of all areas
devoted to lawns, trees and other landscaping devices.
(5)
Provisions for water supply, sewage disposal and storm
drainage.
(6)
Such other data and plans as the Code Enforcement
Officer, Board of Appeals or the Planning Board may require to properly
take action on the application.
