Ravena City Zoning Code
ARTICLE VII
Board of Appeals
§ 119-40 Establishment.
A.
There is hereby established a Board of Appeals pursuant to provisions of the Village Law. Said Board shall consist of five members appointed by the Board of Trustees.
[Amended 4-2-1991]
B.
The Board may fix the compensation of such members and provide for the payment thereof. The Board of Trustees shall have the power to remove any member of the Board of Appeals for cause and after public hearing.
§ 119-41 Terms of office.
Of the three original appointees, one shall be appointed for terms of one, two and three years, respectively, upon expiration of which their successors shall be appointed for terms of three years. Vacancies shall be filled for the unexpired term in cases other than expiration.
§ 119-42 Chairman; bylaws.
The Board of Trustees shall appoint the Chairman, and the Board of Appeals shall prescribe such written rules of procedure, bylaws and forms as it may deem necessary for the proper execution of its duties. Such rules, bylaws and forms shall be submitted to the Board of Trustees for approval and filing for public view. The Board of Trustees shall move to approve, reject or modify the same within 30 days after submission. Failure of the Board of Trustees to so move shall be construed to constitute approval of the rules, bylaws and forms.
§ 119-43 Staff and expenditures.
The Board of Appeals shall employ a secretary to keep the minutes of meetings, receive applications and appeals and to assist in any other manner as may be necessary. Other assistance and expenses may be authorized, provided that the expenses do not exceed any appropriation then available for such purposes.
§ 119-44 Powers and duties.
The Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which are more completely prescribed as follows:
A.
Interpretation. Upon proper request, the Board of Appeals shall decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary. Every request for interpretation shall be made in the form and manner specified by the rules for such procedure adopted by the Board of Appeals. Said request shall set forth the exact interpretation which is claimed or sought.
B.
Special permits.
(1)
Application and issuance. On application and after a hearing by the Board of Appeals, it may authorize issuance of a special permit for any use for which this chapter requires such a permit. No special permit shall be authorized unless the Board of Appeals finds that the proposed use or uses will not be injurious to the neighborhood or otherwise detrimental to the public welfare. To ensure this fact, the Board shall impose any conditions it deems necessary or desirable. (See also § 119-9.)
(2)
Referral to Zoning Board of Appeals/Planning Board. At least 30 days before the date of public hearing held in connection with an application for a special permit, the Board of Appeals shall submit a copy of the application, copies of all maps and other information relative to the case to the Zoning Board of Appeals/Planning Board for its advisory opinions. The Zoning Board of Appeals/Planning Board shall submit its advisory report prior to the public hearing; failure to do so shall be construed as a favorable opinion for the granting of the special permit.
[Amended 4-21-2015 by L.L. No. 3-2015]
(3)
Types of special permits. The Board of Appeals, as a condition of granting any special permit, may specify its term of validity. Three types of permits allowed are described as follows:
(a)
Permanent: allows a specific use to continue indefinitely until the specific use ceases for any reason for a period of six months.
(b)
Temporary: provides that the use shall be discontinued at a given date. This type shall not be extendable.
(c)
Renewable: provides that the permit may be renewed or extended periodically.
(4)
Fee. Each original application to the Board of Appeals for a permit shall be accompanied by a fee of $30.
[Amended 5-19-1992 by L.L. No. 1-1992]
C.
Variances.
(1)
Criteria for granting a variance. The Board of Appeals shall have the power to vary or adapt the strict application of any of the requirements of the chapter in the case of extraordinary physical conditions whereby such strict application would result in unnecessary hardship that would deprive the owner of reasonable use of the land or building, but in no other case. A variance in the chapter shall be granted by the Board of Appeals only if it finds that:
(a)
There are special conditions, described in the findings of the Board, applying to the case in question and not generally to the neighborhood, and said conditions are such that strict application of the provisions of this chapter would deprive the owner of reasonable use of such land or buildings.
(b)
The granting of the variance is necessary for reasonable use of the land or building, and said variance is the minimum variance, within the same use, that will accomplish this purpose.
(c)
The granting of the variance will be in harmony with the general purpose of this chapter and will not be injurious to the neighborhood and public welfare. In no case shall reasons of additional financial gain on the part of the owner of the buildings or land be considered as grounds for granting a variance.
(2)
Conditions. The Board of Appeals, in granting any variance, shall prescribe any conditions that it deems to be necessary or desirable.
(3)
Compliance. The granting of a variance to this chapter shall not obviate the necessity of complying with all other applicable provisions of this chapter in every other respect.
(4)
Fee. Each application to the Board of Appeals for a variance to this chapter shall be accompanied by a fee of $30.
[Amended 5-19-1992 by L.L. No. 1-1992]
D.
Appeals.
(1)
Application. All appeals shall be made in the form and manner prescribed in the rules of procedure adopted by the Board of Appeals. Every appeal or application shall refer to the specific provision of the chapter involved, the decision, requirement, act or failure to act of the Building Inspector, as the case may be.
(2)
Decisions.
(a)
Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case. Each such resolution shall be filed in the office of the Village Clerk by case number and under appropriate headings, together with all other documents pertaining thereto.
(b)
The Board of Appeals may reverse, affirm, wholly or partly, or modify any order, requirement or decision, as it deems necessary, in any case referred to it, and therefore shall have all the powers of the Building Inspector from whom the appeal was taken. The concurring vote of the majority of the members of the Board of Appeals shall be necessary to affirm any appeal upon which the Board is required to pass.
(3)
Stay of proceedings. Any appeal, properly filed, shall stay all actions under such action appealed from unless the Building Inspector, from whom the appeal is taken, certifies to the Board of Appeals that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to person or property.
(4)
Restraining order. The Board of Appeals shall have the power to grant a restraining order to stay all proceedings in furtherance of the action appealed from, over any action by the Building Inspector from whom the appeal is taken, upon notice to said officer and on due cause shown.