Akron City Zoning Code
ARTICLE V
Board of Appeals
§ 165-19 Creation, appointment and organization.
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.
§ 165-20 Powers and duties.
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.
§ 165-21 Appeals procedure.
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.
§ 165-22 Notice of hearings.
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.
§ 165-23 Board of Appeals office.
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.