The Village Board of Trustees shall appoint
a Zoning Board of Appeals consisting of five members. The term of
office of all members of the Board of Appeals shall be three years.
Vacancies occurring in such Board by expiration of term or otherwise
shall be filled by appointment by the Board of Trustees. The Board
of Appeals shall elect a Chairman from its members and shall appoint
a Secretary and shall prescribe rules for the conduct of its affairs.
The Board of Appeals shall have all the powers
and duties prescribed in the Village Law of the State of New York
and by this chapter, which are more particularly specified as follows:
A. Interpretation: upon appeal from a decision by an
administrative official, to decide any question involving the interpretation
of any provision of this chapter, including boundaries if there is
uncertainty with respect thereto.
B. Special and temporary use permits: to hear and decide
upon applications for such permits as specified in this chapter.
C. Variances.
(1) Where there are practical difficulties or unnecessary
hardship in the way of carrying out the strict letter of the requirements
of this chapter, the Board of Appeals shall have the power in passing
upon appeals to vary or modify the application of any of the regulations
of this chapter relating to the use, construction or alteration of
buildings or structures, or the use of land, so that the spirit of
the chapter shall be observed, public safety and welfare secured and
substantial justice done. No variance in the strict application of
this chapter shall be granted by the Board of Appeals, unless it finds
that each of the following facts and conditions exist:
(a)
That there are special circumstances or conditions
fully described in the findings of the Board applying to such land
or buildings and not applying generally to land or buildings in the
neighborhood, and that said circumstances or conditions are such that
strict application of the provisions of this chapter would deprive
the applicant of the reasonable use of such land or buildings.
(b)
That, for reasons fully set forth in the findings
of the Board, the granting of the variance is necessary for the reasonable
use of the land or building and that the variance as granted by the
Board is the minimum variance that will accomplish this purpose.
(c)
That the granting of the variance will be in
harmony with the general purpose and intent of this chapter and will
not be injurious to the neighborhood or otherwise detrimental to the
public welfare.
(2) In granting any variance, the Board of Appeals shall
prescribe any conditions that it deems to be necessary or desirable.
(3) The Board of Appeals may vary the application of §
165-14A(2) and
(3) to the extent that a building containing a nonconforming use may be enlarged to an extent not exceeding 20% of the gross floor area of the existing building or buildings devoted to a nonconforming use at the effective date of this chapter or at the time of its amendment making such use nonconforming.
(4) In the event that the Board of Appeals, upon application
to it, shall determine that a use of land or buildings is in violation
of the Zoning Ordinances of Akron existing immediately prior to the
adoption of this chapter, but that such use is pursuant to a building
permit granted by the Board of Trustees, or such use has been open
and notorious for a period of 10 or more years from the effective
date of this chapter, then the Board of Appeals is empowered to grant
a variance of this chapter to the extent of authorizing such use to
continue as a nonconforming use as regulated by this chapter.
The Board of Appeals shall act in strict accordance
with the procedure specified by law and by this chapter. All appeals
and applications made to the Board shall be in writing on forms prescribed
by the Board and available from the Code Enforcement Officer. Every
appeal or application shall refer to the specific provision of the
chapter involved and shall exactly set forth the interpretation that
is claimed, the use for which the special permit is sought, or the
details of the variance that is applied for and the grounds on which
it is claimed that the variance should be granted, as the case may
be. At least 30 days before the date of the hearing on an application
to appeal to the Board of Appeals, the Secretary of said Board shall
transmit to the Planning Board a copy of this notice of the foresaid
hearing and shall request that the Planning Board submit to the Board
of Appeals its opinion on said application or appeal, and the Planning
Board shall submit a report of such advisory opinion prior to the
date of said hearing. Failure to submit such report shall constitute
approval of said application or appeal by the Planning Board. Final
action shall be completed by the Board of Appeals within 62 days after
the public hearing.
The Board shall fix a reasonable time for the
hearing of appeals and shall give due notice of the time set for the
hearing to the applicant. Such notice shall be served upon the applicant.
Public notice shall be by the publication of a notice in the official
newspaper of the village and shall briefly describe the nature of
the appeal and the time and place of the hearing. The applicant shall,
at least seven days prior to the date of the hearing, give notice
in writing by registered mail or by service in person, with adequate
proof of contact thereof to all property owners within 200 feet of
the property to be affected by said appeal or to all property owners
of contiguous land or properties adjoining said property to be affected,
and other interested property owners as may be designated by the Board
of Appeals. The applicant must furnish proof of services in writing
and properly notarized.
The office of the Village Clerk-Treasurer shall
be the office of the Board of Appeals, and every rule, regulation,
amendment or repeal thereof and every order, requirement, decision
or determination of the Board shall immediately be filed in said office
as required by the Village Law of the State of New York.