The Board of Appeals shall have the power to hear and decide
appeals from any order, decision or determination of the Building
Inspector or other administrative officer charged with the enforcement
of this chapter, and in passing upon such appeals, it shall have power
to vary or modify the application of any of the provisions of this
chapter relating to the use, construction or alteration of buildings
or structures or the use of land to the extent permitted by the Village
Law. It shall have the power to grant special permits when required
under this chapter. It may adopt rules governing the taking, hearing
and determination of appeals, the application for special permits
and other matters over which it has jurisdiction, consistent with
the provisions of this chapter. It shall administer and enforce this
chapter, acting through the Building Inspector or such other persons
as it may designate, and may, upon application, extend the date for
the completion of the erection or alteration of any structure and
the duration of the permits therefor. It shall have such other powers
and duties as provided by the Village Law and any amendments thereto
and by this chapter and any amendments thereto.
When, in the judgment of the Board of Appeals, the public convenience
and welfare will be substantially served and the appropriate use of
neighboring property will not be injured thereby, the Board of Appeals
may, in a specific case, after due notice and public hearing and subject
to appropriate conditions and safeguards, grant special exceptions
to the regulations of this chapter in harmony with their general purposes
and intent as follows:
A. Grant temporary and conditional permits for not more than two years
for temporary structures and uses in contravention of the requirements
of this chapter, provided that such uses are not prejudicial to adjoining
and neighboring sections already developed.
B. Permit such modification of the requirements of these regulations
as it may deem necessary to secure the appropriate development of
a lot where adjacent to such lot on two or more sides there exist
nonconforming uses.
C. Permit such variation of the yard or open space or lot area or lot
width requirements of this chapter, or the location of any accessory
use nearer the rear or side yard line as may be necessary to secure
an appropriate improvement of a parcel of land, where such parcel
was separately owned at the time of the adoption of this chapter and
is of such restricted area or exceptional topography that it cannot
be appropriately used or improved without such variation.
D. Permit the extension of an existing building and the existing use
thereof upon the lot occupied by such building at the time of the
adoption of this chapter or permit the erection of an additional building
upon a lot occupied at the time of the adoption of this chapter by
a business or industrial establishment, which additional building
is part of such establishment.
E. Permit the extension of a building or use into a more restricted
district immediately adjacent thereto by not more than 50 feet beyond
the boundary line of the district in which said building or use is
authorized and under such conditions as will safeguard the character
of the more restricted district.
F. Permit public utility or public service uses of public buildings
in any district when found to be necessary for the public convenience,
health, safety, morals or general welfare.
G. Any special exception granted by the Board of Appeals pursuant to
this section shall become null and void unless exercised within one
calendar year from the date so granted, provided that such time may
be extended upon application to the Board.