[Amended 11-6-2007 by L.L. No. 2-2007]
A Board of Appeals, consisting of five members as provided by the Village Law, is hereby created. The terms of the members of the said Board, as they now exist, are hereby continued. The new members and the successors of the present members shall be appointed for terms of five years by the Board of Trustees.
The meetings and procedure of the Board of Appeals shall be governed by the provisions of the Village Law of the State of New York, as amended from time to time. The said Board shall adopt rules and regulations, not inconsistent with law or the provisions of this chapter, governing its procedure and the transaction of its business. The Board shall keep minutes of its proceedings and records of its examinations and other official actions, which minutes and records shall be a public record. Each decision of the Board shall be by resolution, each of which shall fully set forth the circumstances of the case and the findings upon which the decision is based. Each such resolution shall be filed in the office of the Village Clerk, together with all documents pertaining thereto.
The Board of Appeals shall, pursuant to the Village Law of the State of New York, as amended from time to time, hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector or other official charged with the enforcement of this chapter. The Board of Appeals may, after due notice and public hearing pursuant to law, reverse or affirm or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made and to that end shall have all the powers of the Building Inspector, subject to § 129-96.
The Board of Appeals shall have the power to grant use and area variances, as defined in § 7-712 of the Village Law of the State of New York, in accordance with the procedures established in § 7-712-b of the Village Law of the State of New York.
[Amended 11-6-2007 by L.L. No. 2-2007]
Editor's Note: Former § 129-86, Findings on variances, was repealed 11-6-2007 by L.L. No. 2-2007.
[Amended 11-6-2007 by L.L. No. 2-2007]
The Board may prescribe such conditions or restrictions applying to the grant of a variance as it may deem necessary in the specific case in order to prevent or minimize any adverse impact such variance may have on other property in the neighborhood. Such conditions or restrictions shall be incorporated in the building permit and certificate of occupancy. Failure to comply with such conditions or restrictions shall constitute a violation of this chapter and may constitute the basis for denial or revocation of a building permit or certificate of occupancy for all other applicable remedies.
A variance granted under the provisions of this chapter shall automatically lapse if substantial construction, in accordance with the plans for which such variance was granted, has not been completed within one year from the date of granting such variance by the Board or, if judicial proceedings to review the Board's decision shall be instituted, from the date of entry of the final order in such proceedings, including all appeals.
[Amended 10-6-1992 by L.L. No. 8-1992]
The Board of Appeals may, in specific cases, after public notice and hearing and subject to appropriate conditions and safeguards, authorize the Building Inspector to issue a permit wherever it is provided in this chapter that the approval of the Board of Appeals is required. In addition, the Board may authorize the Building Inspector to issue special permits for specific purposes as provided in Article IX.
For the purpose of these regulations, a "building project" shall mean the nonresidential use or occupancy of one plot or parcel of land under single ownership or control by two or more main buildings, other than dwellings, and accessory buildings.
The term "building project" shall include any proposal hereafter made:
To erect or construct two or more main buildings on one plot or such parcel of land.
To erect or construct an additional main building or buildings upon one parcel of land which is occupied by a main building or buildings lawfully existing at the effective date of this chapter.
For the purpose of these regulations, a "parking project" shall mean any off-street parking facility, except one which serves or is intended as an accessory to and on the same lot with a single-family dwelling.
Any building project approved under §§ 129-90 through 129-95 shall occupy a plot which has unobstructed frontage upon an existing improved street. The width and front lot line of such plot shall be equal to or greater than that required for a lot under the regulations of the district in which it is located, and such plot shall be of sufficient size and area to accommodate the proposed buildings and to meet all other requirements of this chapter. Adequate and safe access for pedestrians and vehicles shall be provided, in accordance with specifications furnished or approved by the Village Engineer, for each building not directly accessible from an existing improved street. The aggregate ground area covered by buildings or structures and the height of buildings shall not exceed that prescribed by this chapter. Courts and yards shall be not less than those required by the regulations of the district in which the proposed project is to be located.
In addition to the foregoing general requirements, any project containing public or semipublic buildings, including educational institutions approved under this section, shall provide on the same tract off-street loading and off-street parking space pursuant to Article VIII. The horizontal distance between main buildings, accessory buildings and structures shall be at least 200 feet.
Application and Plans. Upon presentation by the owner or his authorized agent to the Building Inspector of an application and of a site plan and general building plans showing the design, location, height and uses of buildings or structures and open spaces of a proposed building project or of such parking facility, the matter shall be referred to the Planning Board for a report, which shall be rendered within 30 days to the Board of Appeals, and in the case of an unfavorable report by the Planning Board, such proposed building project or parking project shall not be approved except by a favorable vote of four members of the Board of Appeals.
Planning Board. In reviewing the site plan and general building plans of a project referred pursuant to §§ 129-90 through 129-95, the Planning Board shall give due consideration, among others, to the design and proposed location and uses of land, buildings, structures and open spaces of such project with respect to the provision of adequate light and air access, adequate and safe pedestrian and vehicular access and egress, the value of buildings and land, the conservation of property values and the most appropriate use of land. Due consideration also shall be given to the creation of a balanced and harmonious project and to the harmonious relationship of the project to adjacent property as well as to the conservation and protection of natural features.
Approval. Upon receipt of a report from the Planning Board or if after 30 days the said Board fails to report, the Board of Appeals, after public notice and hearing, may approve the project plan, subject to such conditions and safeguards as it may prescribe in the public interest, and may direct the Building Inspector to issue permits in accordance with the approved site plan and general building plans thereof provided that the Board of Appeals finds that such building or parking project will be in harmony with the appropriate and orderly development of the district in which it is located and will not be detrimental to the orderly development of adjacent property and that the proposed building or parking project is consistent with the general intent and the requirements of this chapter.
All provisions of this chapter relating to the Board of Appeals shall be strictly construed. The Board, as a body of limited jurisdiction, shall act in full conformity with all provisions of law and of this chapter and shall observe all limitations contained therein. In passing upon an appeal, the Board shall observe the provisions of §§ 129-85 through 129-88. However, the procedural requirements of this chapter shall not operate to deprive an applicant or appellant of the right of application or appeal, provided that such applicant or appellant has substantially observed such procedural requirements.
Referral to Planning Board. At least 10 days before the date of the public hearing required by law on an application, except applications subject to § 129-70 and §§ 129-90 through 129-95 or appeal to the Board of Appeals, the said Board may transmit to the Planning Board a copy of said application or appeal, together with a copy of the notice of the hearing, and shall request that the Planning Board submit to the Board of Appeals its advisory opinion on said application or appeal, which report of such advisory opinion shall be submitted prior to the date of said hearing.
Forms. All applications and appeals made to the Board of Appeals shall be in writing on forms approved by the Board. Each application or appeal shall refer to the specific provision of the ordinance involved and shall exactly set forth, as the case may be, the interpretation that is claimed, the particular use of which a special permit is sought or the details of the variance that is sought and the grounds on which it is claimed that such variance should be granted.
Reports. The Board of Appeals may notify the Board of Trustees and the Planning Board of each interpretation made and of each special permit and each variance granted under the provisions of this chapter.