Minoa City Zoning Code
ARTICLE XI
Board of Appeals
§ 160-39 Establishment and organization.
A Board of Appeals is hereby created. It shall consist of the existing five members, one of whom has been appointed Chairman and another who has been appointed Deputy Chairman and who shall act in the absence or inability of the Chairman. Upon the expiration of the term of the existing members of the Board of Appeals, the Mayor, subject to the approval of the Board, shall appoint future members for a term of five years. In case of a vacancy, the successor shall be appointed to serve for the unexpired portion of the term of his or her predecessor.
§ 160-40 Duties and powers.
The Board of Appeals shall have all the duties and powers conferred upon it by law and this chapter, including the following duties and powers:
A.
Appeals. To hear and decide appeals from and review any order, requirement, decision or determination made by the Codes Enforcement Officer and to revise or affirm, wholly or partly, or modify such order, requirement, decision or determination, making such order, requirement, decision or determination as should be made under law and this chapter.
B.
Variances. Upon such appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of land, in accordance with the provisions of Village Law § 7-712-b, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.[1]
[Amended 3-20-2000 by L.L. No. 1-2000]
[1]
Editor's Note: Former Subsection C, Uses subject to Board of Appeals approval, which immediately followed this subsection, was repealed 11-21-2011 by L.L. No. 5-2011.
§ 160-41 Expiration of variance and approval.
Any approval or variance granted by the Board of Appeals shall become null and void if not exercised within one year from the date it is granted.
§ 160-42 Hearings, notice and procedure.
A.
The Board of Appeals shall strictly comply with the requirements of law and this chapter as to hearings, notice and procedure. It shall prescribe such supplemental rules for the conduct of its affairs as it deems advisable. Each appeal or application made to the Board shall be in writing and shall refer to the specific provision of this chapter involved, setting forth exactly the interpretation that is claimed, the use for which the permit is sought or the details of the variance that is applied for and the grounds upon which it is based.
B.
Every decision of the Board of Appeals shall be by resolution, which shall set forth the findings of the Board in the particular case. Each such resolution, together with all documents pertaining thereto, shall be filed in the office of the Village Clerk under one of the following headings: "Interpretation," "Variances" or "Approvals." The Board of Appeals shall notify the Codes Enforcement Officer of each approval and each variance granted and of each interpretation made under the provisions of this chapter.
§ 160-43 Notice to adjacent owners.
In addition to the notice required by statute, the Village Clerk shall give notice of any application made under the provisions of this article by mailing, at least five days prior to the hearing upon such application, postcard notices of the substance of the application and the date, time and place of the hearing to all the owners of land lying within a distance of 500 feet of the exterior boundaries of the premises for which the application is made, as the names and addresses of those owners appear on the latest completed assessment roll of the Village, but failure to comply with this section shall not invalidate any action taken by the Board of Appeals.