A.
A Zoning Board of Appeals is hereby created, which shall be organized
by the Village Board of Trustees in accordance with New York State
Village Law § 7-712, as amended from time to time.
B.
The Board of Appeals shall consist of five members appointed by the
Mayor subject to the approval of the Board of Trustees, each to serve
for a term of five years. Vacancies for the unexpired term of any
member shall be filled for such unexpired period only. The appointment
of members to the Board shall be of terms so fixed that one member's
term shall expire at the end of each Village official year. At the
expiration of each member's appointment, the replacement member
shall be appointed for a term of five years.
C.
The Mayor shall appoint the Chairperson, subject to the approval
of the Board of Trustees. In the absence of a Chairperson, the Board
of Appeals may designate a member to serve as Acting Chairperson.
All meetings of the Board of Appeals shall be held at the call of
the Chairperson and/or Acting Chairperson and at such other times
as a majority of the Board may determine.
D.
Such Chairperson, or, in his absence, the Acting Chairperson, may
administer oaths and compel the attendance of witnesses.
E.
All meetings of such Board shall be open to the public, and public
notice shall be given of all hearings to be held by the Board of Appeals.
Such notice shall include a brief description of each case and the
location of the property involved. Such notice shall be published
in the official paper of the Village at least 10 days before the date
fixed for such hearing, and notices of such hearing shall be posted
in six public places at least 10 days before the hearing.
F.
The Village office shall be the office of the Board, and the Village
Clerk-Treasurer shall be the Clerk of the Board.
G.
All records of the Board shall be public records and shall be filed
with the Village Clerk-Treasurer in the Village office. Such Board
shall keep minutes and records of its proceedings showing the vote
of each member on any question.
H.
If any member is absent or failed to vote, the minutes shall indicate
such fact.
I.
The concurring vote of a majority of the members of the Board shall
be necessary to decide in favor of the applicant any matter that the
Board is required to pass upon under the provisions of this Zoning
chapter.
A.
Appeals to the Board of Appeals may be taken by any person aggrieved
or by an officer, department, board or bureau of the Village.
B.
Such appeal shall be taken within 60 days after any officer or body
of the Village, empowered to administer and enforce this Zoning Law,
has acted or failed to act upon any matter set forth within this chapter,
by filing with the Village Clerk-Treasurer and with the Clerk of the
Board of Appeals a notice of appeal, specifying the grounds thereof
and the relief sought. The administrative official from whom the appeal
is taken shall forthwith transmit to the Board of Appeals all papers
constituting the record upon which the action appealed from is taken.
[Amended 9-8-2008 by L.L.
No. 4-2008; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
C.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the officer from whom the appeal is taken certifies to
the Board of Appeals, after the notice of appeal shall have been filed
with him, that by reason of facts stated in the certificate a stay
would, in his opinion, cause imminent peril to life or property, in
which case proceedings shall not be stayed other than by a restraining
order, which may be granted by the Board of Appeals or by a court
of record on application, on notice to the officer from whom the appeal
is taken and on due cause shown.
D.
The Board of Appeals shall schedule a hearing within 60 days of receipt
of the appeal and give due notice thereof to the applicant at least
14 days before the hearing and shall give public notice of the hearing
in the official newspaper. In addition to the public notice of hearing,
the applicant shall give notice, in writing, by certified mail, at
least 10 days before the public hearing, to all property owners of
land adjacent to the property. Adjacent properties shall be all properties
that directly abut the property on which the variance is being proposed.
This includes all properties directly across a street, watercourse
or right-of-way. The public notice shall be published at least five
days before the public hearing. The Board of Appeals shall make a
decision within 62 days after the final hearing. Upon the hearing,
any party may appear in person or by agent or by attorney. The reasons
for action taken on the appeal shall be set forth in writing or in
written minutes of the Board of Appeals. A copy of the decision of
the Board of Appeals on the appeal shall be filed in the office of
the Village Clerk-Treasurer within five business days after the day
such decision is rendered, and a copy mailed to the applicant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Board of Appeals shall have the following powers:
A.
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by an administrative
official in the administration or enforcement of this Zoning chapter.
B.
To hear and decide on applications for special questions upon which
the Board is specifically authorized to pass under this Zoning chapter.
C.
To authorize upon appeal in specific cases such variance from the
specific terms of this Zoning chapter as will not be contrary to the
public interest, when, owing to special conditions, a strict application
of the provisions of this Zoning chapter will result in peculiar and
exceptional practical difficulties or exceptional and undue hardship,
provided that the spirit of the Zoning chapter shall be observed,
public safety and welfare secured, and substantial justice done as
hereinafter provided.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Board of Appeals may grant use and area variances in accordance
with the provisions of Village Law § 7-712-b.
Where, in these regulations, the Board is authorized to approve
variances or decide appeals, such approval, decision or authorization
shall be limited by such conditions as the case may require, including
the imposition of any of the following specifications:
A.
No outside sign or advertising structures, except professional or
directional signs.
B.
Limitation of signs as to size, type, color, location or illumination.
C.
Amount, direction and location of outdoor lighting.
D.
Amount and location of off-street parking and loading space.
E.
Cleaning or painting.
F.
Gable roof or other type.
G.
Construction of materials.
H.
Connected or disconnected with other buildings.
I.
Exits or entrances, doors and windows.
J.
Paving, shrubbery, landscaping, ornamental or screening fences, walls
or hedges.
K.
Time of day or night for operating.
L.
No storefronts.
M.
No structural changes.
N.
Control or elimination of smoke, dust, gas, noise or vibration caused
by operations.
O.
Requirements for termination of a use based on lapse of time or such
other conditions as the Board may specify.
P.
Such other conditions as are necessary.
After the Board of Appeals has granted a variance, the variance
granted shall lapse after the expiration of one year if no substantial
construction or change of use has taken place in accordance with the
plans for which the variance was granted, or if the Board does not
specify some longer period than one year for good cause shown, and
the provisions of these regulations shall thereafter govern.
The procedure for amendment of a variance already approved,
or a request for a change of conditions attached to an approval, shall
be the same as for a new application, except that where the Clerk
of the Board determines the change to be minor relative to the original
approval, he may transmit the same to the Board with the original
record without requiring a new application to be filed.
Appeals to courts from a decision of the Board may be filed
in the manner prescribed by law.
