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.
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.
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.
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.
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.
