The Board of Zoning Appeals heretofore established
is hereby continued. Said Board shall consist of five members. The
terms of the members now in office are hereby confirmed and continued.
Their respective successors shall be appointed by the Board of Trustees
and shall serve in accordance with the provisions of the Village Law
of the State of New York.
The Board of Zoning Appeals shall have appellate
jurisdiction as provided in the Village Law of the State of New York.
The Board of Trustees, in issuing or denying permits required by this
chapter, shall be deemed administrative officers and their decision
shall be appealable as such to the Board of Zoning Appeals in accordance
with the provisions of the Village Law. Where there are practical
difficulties or unnecessary hardships in the way of carrying out the
strict letter of this chapter, the Board of Zoning Appeals shall have
the power, in passing upon appeals, to vary and 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, so that the spirit of the ordinance shall be observed,
public safety and welfare secured and substantial justice done.
The Board of Zoning Appeals may, in a specific
case, after public notice and hearing and subject to appropriate conditions
and safeguards, determine and vary the application of the regulations
herein established, in harmony with their general purpose and intent,
as follows:
A.
Approve the issuance of a permit wherever it is provided
in this chapter that the approval of the Board of Zoning Appeals is
required.
B.
Where a district boundary line divides a lot held
in single and separate ownership at the time of the adoption of this
chapter, permit a use authorized on either portion of the lot to extend
to the entire lot or a portion thereof but not more than 100 feet
beyond the boundary line of the district in which such use is authorized.
C.
Permit the extension of a legally existing nonconforming
use or building upon the lot or a portion thereof occupied by such
use or building.
D.
Exempt a proposed building either in whole or in part
from the front yard requirements in cases where the proposed building
adjoins on either or both sides of buildings that do not conform to
the minimum front yard requirements.
E.
Permit the storage of not more than one commercial
truck in an accessory garage located in a residential district.
F.
Exempt from the provisions of this chapter requiring
two front yards a corner lot in which the ownership at the time of
the adoption of this chapter differs from the ownership of all adjoining
plots, by permitting a smaller front yard adjacent to the side of
the main building when a requirement of two front yards would be impracticable
and would result in unnecessary hardship.
The Board of Zoning Appeals may adopt from time
to time such rules and regulations as they may deem necessary to carry
into effect the powers, duties and authority vested in them by this
chapter and the provisions of the Village Law of the State of New
York.
[Added 6-25-1951; amended 12-7-1959]
A.
On all
applications to the Board of Zoning Appeals and/or Board of Trustees
for permits or special use permits, the Board of Zoning Appeals and
Board of Trustees shall consider the health, safety, convenience and
general welfare of the Village. The standards to be considered by
the Board of Zoning Appeals and Board of Trustees in making its determination
of any matter under this chapter are whether the granting of the permit,
special use or variance applied for will be in harmony with the general
purpose and intent of the ordinance; in accordance with comprehensive
plan and design set forth in the ordinance, to lessen congestion in
the streets, provide adequate parking facilities in the vicinity,
to secure safety from fire, panic and other dangers, to provide adequate
light and air, to prevent the overcrowding of land, to avoid undue
concentration of population, to facilitate the adequate provisions
of transportation, water, sewerage, parks and other public requirements;
and in accordance with reasonable consideration, among other things,
as to the character of the district and its peculiar suitability for
the particular uses, and with a view to conserving the value of buildings
and land and encouraging the most appropriate use of land throughout
the municipality.
[Added 6-25-1951; amended 12-7-1959]
The Board of Zoning Appeals and Board of Trustees, as a condition to granting an application under any of the sections of this article or as a condition to granting a special use permit, shall have the power to require such changes, modifications or additions to the plans and specifications for the alteration, repair or the improvement of the premises which are the subject of any application pending before it, or any structure thereon, so as to provide adequate safeguards against unnecessary noise, odors, fire or other hazards, to secure conformance in appearance and in utility with the neighboring properties and to secure conformance with the standards adopted by the Board of Zoning Appeals and/or Board of Trustees pursuant to the provisions of § 600-221. The Board of Zoning Appeals and Board of Trustees shall also have the power to grant an application for a limited time.
[Added 12-3-1979 by L.L. No. 12-1979; amended 9-28-1981 by L.L. No. 3-1981; 2-2-2009 by L.L. No.
1-2009; 3-4-2013 by L.L. No. 3-2013[1]]
Special use permits shall automatically terminate and be null
and void and of no further force and effect one year after the approval
is granted unless, within such one-year period, a building permit
has been issued and there is physical evidence to demonstrate that
substantial construction has commenced and is continuing; provided,
however, that clearing, grading and/or excavation shall not be deemed
to be substantial construction within the mean of this section; and
provided further, however, that the Board of Trustees, at its sole
discretion, may upon written application extend the special use permit
for additional one-year periods where it appears that extenuating
circumstances warrant said extension and provided that the application
is made no later than two years after the expiration of the special
use permit or the last extension thereof, and provided that the applicant
pays an extension fee in an amount set by the Board of Trustees. Applications
for extensions shall be in writing directed at the Board of Trustees
and shall be accompanied by a filing fee in an amount which shall
be set from time to time by resolution of the Board of Trustees.
