[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Mayor, subject to the approval of the Village
Board, may, at an annual meeting in January of each year, appoint
or elect a Chairperson and a Vice Chairperson to assume the duties
of the Chairperson in his/her absence. The Chairperson and Vice Chairperson
appointed shall serve until the Mayor at an annual meeting makes a
new appointment.
The Zoning Board of Appeals shall have appellate
jurisdiction after due notice and hearing for the following:
A. Under Village Law § 7-712, the Zoning Board
of Appeals may grant relief and order the Code Administration Officer
to issue a zoning permit to a property owner aggrieved by an Official
Map of the Village adopted under Village Law § 7-706. In
this case, a notice of public hearing must be published in a newspaper
of general circulation in the Village 10 days prior to the public
hearing. The property owner must show that the property is not yielding
a fair return on its value and demonstrate that his/her request is
causing a minimum impact upon the intent of the Official Map.
B. The Zoning Board of Appeals may grant reasonable exceptions
under special circumstances to the prohibitions of Village Law concerning
property without access to public streets.
C. Under General Municipal Law § 239-e, the
Zoning Board of Appeals may grant a zoning permit to a property owner
aggrieved by an Official Map of the county adopted under General Municipal
Law § 239-h. In this case a two-thirds majority vote is
required. The property owner must show that the property is not yielding
a fair return on its value and that the use will have a minor impact
upon the intent of the Official Map.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D. The Zoning Board of Appeals may vary the requirements
for a curb cut permit established by the County Superintendent of
Highways in accordance with General Municipal Law § 239-f
concerning properties having frontage or access on county roads or
lands on a County Official Map. In this case a two-thirds majority
vote is required. The property owner must show practical difficulties
or unnecessary hardships that would result if the county's requirements
were obeyed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E. Upon appeal by any aggrieved party from a decision of the Code Administration Officer, the Zoning Board of Appeals may decide any question involving the intent of any provision of this chapter, but not including Article
VI (site plan review and subdivision approval), including the determination of the exact location of any district boundary if there is uncertainty with respect thereto.
F. The Zoning Board of Appeals may review any order,
requirement, decision or determination made by the Code Administration
Officer.
G. The Zoning Board of Appeals may grant bulk variances subject to the applicable provisions of Article
X in this chapter.
H. The list of uses by special permit contained in Article
III, Article
IV, Article
V and Article
VI are representative, not exclusive. Upon written request of the Code Administration Officer, the Zoning Board of Appeals may, after notice and hearing, determine whether a use other than a use contained in one of such lists, may be allowed by special permit in the Zoning District to which such list applies.
[Added 3-11-2002 by L.L. No. 2-2002]