A.
A Board of Appeals shall be appointed by the Board of Trustees, pursuant
to the Village Law.
B.
In addition to the powers granted to the Board of Trustees under Article 7 of the Village Law and § 271-130 of this chapter relating to the establishment of a Board of Appeals, which provisions are incorporated herein by reference, the Board of Trustees is hereby empowered to appoint up to four ad hoc members to the Board of Appeals when, due to disqualification, absenteeism, unavailability, conflict of interest or any other reason, a quorum of members is not present to conduct the business of the Board of Appeals. No more than two such ad hoc members may attend and serve at the same meeting of the Board of Appeals. In all other respects, the powers of the Board of Trustees as provided in Article 7 of the Village Law are not diminished, enlarged or revoked by this subsection.
[Amended 10-7-1991 by L.L. No. 2-1991; 8-14-1995 by L.L. No.
2-1995]
The Board of Appeals may, in appropriate cases, after public
notice and hearing and subject to appropriate conditions and safeguards,
and in harmony with the general purpose and intent of this chapter,
in addition to the powers and duties set forth in the Village Law
of the State of New York and such powers as are heretofore in this
chapter given to it:
A.
Vary the application of the regulations herein established and establish
appropriate requirements for irregular lots or lots less than the
required area in any district existing at the effective date of this
chapter.
B.
Vary the application of the regulations herein established and modify
the requirements hereof in cases of exceptional topography under such
conditions as will safeguard the neighborhood.
C.
Grant temporary and conditional permits of limited duration for nonconforming
uses and buildings in undeveloped sections.
D.
Determine and establish the true location of district boundaries
in any disputed case.
E.
Where a zone boundary line divides a lot in a single ownership at
the effective date of this chapter, permit a use authorized on either
portion of such lot to extend to the entire lot, but not more than
25 feet beyond the boundary line of the greater restricted zone.
F.
Permit the extension of a nonconforming use of a building upon the
lot occupied by such use of a building at the effective date of this
chapter.
H.
Vary side yard restrictions for buildings other than dwellings in
Residence R, Residence R-1, Residence R-2, Residence R-3 and Residence
R-4 Districts.
I.
Vary the height regulations in any district to permit church spires,
belfries, towers designed exclusively for ornamental purposes, flag
staffs, chimneys, flues or scenery lofts and parapet walls extending
not more than three feet above the height permitted by these regulations.
J.
Vary the application of the regulations herein established, and establish
appropriate requirements for the location, number and size of signs
in any district.
A.
When, in its judgment, the public convenience and welfare will be
substantially served and the appropriate use of neighboring property
will not be substantially or permanently injured, the Board of Appeals
may, in a special case after public notice and hearing and subject
to appropriate conditions and safeguards, and provided that the same
is in harmony with the general purpose of this chapter, authorize
as a special exception churches, parochial schools, private schools
and clubs not operated for profit. Before the authorization of such
uses, the owner shall file a verified petition with the Board of Appeals,
which petition shall set forth such facts as shall be required by
the Board of Appeals and shall also be accompanied by plans of all
buildings and structures intended to be erected upon the premises
and plans showing the location of the intended buildings and structures
upon the property affected and such other details as the Board of
Appeals may require. The Board of Appeals shall require that the applicant
provide an off-street parking area of such size as in the judgment
of the Board of Appeals shall be adequate for the number of persons
who may be accommodated in such building and structures and as shall
promote the health, safety and welfare of the inhabitants of the Village.
B.
When, in its judgment, the public convenience and welfare will be
substantially served and the appropriate use of neighboring property
will not be substantially or permanently impaired, the Board of Appeals
may, in a special case after public notice and hearing and subject
to appropriate conditions and safeguards, and provided that the same
is in harmony with the general purpose of this chapter, authorize
as a special exception in a Business B District automobile service
stations or public garages. Before such use is authorized, the owner
shall file a verified petition with the Board of Appeals, which petition
shall set forth such facts as shall be required by the Board of Appeals.
Accompanying said petition shall be the survey of the plot showing
the location of all proposed structures, tanks, signs and such other
details as shall be required by the Board of Appeals and shall also
be accompanied by the written consent of 80% in number of the owners
and mortgagees of all property within 200 feet of any portion of the
lot or plot on which the automobile service station is to be erected;
such consent shall not be limited to property owners within the Village
but shall include all property owners, whether within or without the
Village. A fee of $100 shall accompany said application and be paid
to the Village Clerk. No application shall be accepted, nor shall
any action be taken by the Board of Appeals, unless it shall comply
with the provisions of the conditions precedent. This section shall
not apply to a Business A District planned business community or any
other planned business zoning area hereafter created by ordinance.
C.
The erection or enlargement of a public garage or automobile service
station or the conversion of any premises not so used to be used for
such purposes, if otherwise allowed, shall not be permitted if any
point or part of the lot or plot is situated at a distance of 200
feet from any point of a lot or plot upon which any of the following
enumerated buildings are located. The buildings above referred to
are:
(1)
A public school.
(2)
A duly organized school other than a public school, conducted
for children under 16 years of age and giving regular instruction
at least five days a week for at least eight months a year.
(3)
A hospital maintained as a charitable institution.
(4)
A church.
(5)
A theater containing at least 300 seats.
(6)
A public library.
D.
When in its judgment the public convenience and welfare will be substantially served and the appropriate use of neighboring property will not be substantially or permanently injured, the Board of Appeals may, in a special case after public notice and hearing and subject to appropriate conditions and safeguards, and provided that the same is in harmony with the general purpose of this chapter, authorize as a special exception the installation and maintenance of a dish antenna. Before such accessory structure is authorized, the owner shall have filed a verified petition with the Board of Appeals, which petition shall set forth such facts as shall be required by the Board of Appeals and as set forth in Article XIX of this chapter.
[Added 6-12-1989 by L.L. No. 2-1989]
Whenever the Board of Appeals shall conduct a public hearing,
it shall have the power to adjourn or continue such public hearing
from time to time, and in connection with such adjournment or continuation,
it shall determine whether any further notice of such continued or
adjourned hearing shall be required to be published or notice given.
The Board of Appeals shall have the power to adopt such rules
and regulations for the conduct of its hearings, proceedings and procedures
and may amend the same, from time to time; provided, however, that
they shall not be inconsistent with or contrary to the provisions
of this chapter or of the Village Law of the State of New York.
