Avon City Zoning Code
ARTICLE X
Board of Appeals
§ 130-48 Creation, appointment and organization.
A Board of Appeals is hereby created. Said Board shall consist of five members appointed by the Town Board who shall also designate a Chairman. No person who is a member of the Town Board shall be eligible for membership on such Board of Appeals. Of the members of the Board first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years and one for the term of five years from and after his appointment. Their successors shall be appointed for the term of five years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term.
§ 130-49 Powers and duties of Board of Appeals.
The Board of Appeals shall have all the powers and duties prescribed by Article 16 of the Town Law and by this chapter, which are more particularly specified as follows:
A.
Interpretation. Upon appeal from a decision by an administration official, to decide any question involving the interpretation of any provision of the chapter, including determination of the exact location of any district boundary 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. To vary or adapt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved but in no other case. No variance in the strict application of this chapter shall be granted by the Board of Appeals unless it finds that:
(1)
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.
(2)
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.
(3)
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. In granting any variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable.
§ 130-50 Procedure.
[Amended 9-8-2005 by L.L. No. 3-2005]
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 this 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 grounds on which it is claimed that the variance should be granted, as the case may be. The Board shall have the authority to call upon any department, agency or employee of the Town for assistance in making its decision, as it sees fit.
§ 130-51 Board of Appeals office.
The office of the Town Clerk 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 § 267-a of the Town Law.
§ 130-52 Notice of Board hearings.
[Amended 8-21-2003 by L.L. No. 2-2003]
A.
The Board shall fix a reasonable time, not to exceed 62 days, for the hearing of appeals and permit requests and shall give due notice of the time set for the hearing to the applicant. Such notice shall be served upon the applicant.
B.
The Zoning Board of Appeals or Planning Board shall fix a time and place for a public hearing thereon and shall provide for the giving of notice as follows:
(1)
A notice shall be published in the official newspaper of the Town at least five days prior to the date thereof;
(2)
The Building and Zoning Department shall mail a copy of such notice thereof to the applicant and a copy of such notice to all agencies, municipalities, authorities, etc. as prescribed in § 267-a of the Town Law and § 239-n of the General Municipal Law;
(3)
The applicant shall be requested to erect a sign or signs giving notice of such public hearing and the purpose thereof, which sign(s) shall be prominently displayed on the premises perpendicular to each public street or road on which the property abuts or as the Board may determine otherwise no sign permit shall be required. The sign(s) shall be furnished to the applicant for this purpose by the Building and Zoning Department and shall be set back 15 feet from the property line and shall not be less than two nor more than six feet above the grade of said property line unless otherwise directed by the Board in order to provide for maximum visibility. Said sign shall be displayed for a period of not less than 10 days immediately preceding the public hearing date or any adjourned date thereof. The applicant shall file with the Clerk of the Zoning Board of Appeals, no less than three days prior to the public hearing, an affidavit regarding compliance with the provisions of this section and that the sign(s) will be removed from the premises and returned to the Building and Zoning Department within three days after the close of such public hearing. The Town Clerk shall collect from the applicant a fee as currently fixed by the Town Board in the fee schedule, as deposit per sign, which sum shall be refunded to the applicant upon the return of said signs in good condition.