The Board of Appeals, referred to in this Article as the "Board," shall consist of five members and shall be appointed as provided by statute.[1] In addition to the powers of said Board to hear and decide appeals, as provided by statute, said Board shall have the power, after public notice and hearing, to take action as set forth hereinbelow.
[1]
Editor's Note: See also Ch. 50, Zoning Board of Appeals.
Where a district boundary line divides a plot held at the time of the adoption of this chapter or any amendment thereto in ownership separate from that of any land contiguous thereto and the major portion of said plot is in an R-M, R-A, C or I District, the Board may permit, under such circumstances as will safeguard the character of the districts involved, a use permitted (as set forth in Article V) on either portion of the plot to extend to the entire plot, but not more than 25 feet beyond the boundary line of the district in which such use is so permitted.
The Board may take the following action with respect to uses:
A. 
Conditional uses. Permit any of the uses listed in Article V as requiring approval from said Board, subject to the following:
[Amended 4-19-2001 by L.L. No. 1-2001]
(1) 
An applicant seeking such approval shall prepare, and the Board of Appeals shall review, a site plan which depicts the proposed general layout of the use sought, including, among other things, the layout and location of entrances, walkways, parking, surfacing, landscaping, screening, traffic access, circulation, illumination, planned maintenance, and other site information as the Board may deem appropriate.
(2) 
In making any determination to approve or deny such a use, the Board of Appeals shall, among other factors, take into account the effect of such proposed use on off-street and on-street parking, on existing uses in the vicinity of the proposed use, and on the health, safety, general welfare, and character of the neighborhood. In addition, in granting any such approval, the Board of Appeals may impose reasonable conditions consistent with preserving the character of the neighborhood and the public health, safety, morals, and general welfare of the community.
(3) 
Theaters, garages for more than three motor vehicles, motor vehicle repair shops, automobile service stations, mortuaries, undertaking or embalming parlors or chapels and similar establishments, and used-car lots shall conform to the distance limitations set forth in § 200-39.
B. 
Similar uses. Permit in any district other uses found to be similar to those listed as permitted principal uses for such district in Article V; provided, however, that no such permit shall be granted except in accordance with the standards set forth in §§ 200-70 to 200-73, inclusive.
[Amended 4-19-2001 by L.L. No. 1-2001]
C. 
Commercial vehicle. Permit the storage on a plot in an R District of not more than one commercial vehicle not exceeding one-ton rated capacity, provided that it is used only by the owner or occupant of said property and is parked in a completely enclosed garage at all times when not in use.
D. 
Public utility. Permit in any C or R District any public utility use (other than an outdoor electric substation for which a permit from the Board of Trustees is required by this chapter), provided that a permit shall be authorized for any such use in a C District only when the Board of Appeals finds that it is not feasible or practical to establish the same in an I District, and also provided that a permit shall be authorized for any such use in an R District only when said Board finds that it is not feasible or practical to establish the same in a C or an I District.
E. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection E, Signs in C or I Districts, was repealed 7-16-1992 by L.L. No. 3-1992.
F. 
Antenna or tower. Permit the erection or alteration of a freestanding radio or television antenna or tower, provided that the following requirements are complied with in each case:
[Amended 5-17-1984 by L.L. No. 2-1984]
(1) 
All such structures shall, except as otherwise specifically set forth herein, be located in accordance with the requirements for accessory structures as provided in § 200-52.
(2) 
No such structure shall exceed 35 feet in height nor five feet in width nor five feet in depth.
(3) 
All such structures shall be painted such color as the Board shall direct.
(4) 
All such structures shall be erected or installed in accordance with standard engineering practice and be of sufficient strength to ensure safety and resistance to storms and weather.
(5) 
All such structures shall be set in foundations of concrete.
(6) 
All such structures shall be screened or enclosed as the Board shall direct.
(7) 
All such structures shall be so located as to provide safe clearance from any other wires or structures carrying electric current.
(8) 
All such structures shall not be nearer to any street line, property line or building than a distance at least equal to their height.
(9) 
The Board shall not issue any such permit unless it finds that the erection, alteration or maintenance of such structure shall:
(a) 
Not tend to depreciate the value of existing dwellings in the neighborhood.
(b) 
Not be a hazard to life, limb or property because of snow, wind or storm.
(c) 
Not be a hazard to life, limb or property because of structural impairment, disassembly or collapse.
(d) 
Not deny solar access to an abutting property.
G. 
Nonconforming use. Permit the enlargement of certain types of nonconforming uses as provided in § 200-75.
H. 
Signs and structures in R Districts. On a plot or tract of land in course of development in an R District, authorize the issuance of a temporary permit for not more than one year to contractors or builders for structures, signs and uses in contravention of the use regulations applying to such district, including signs and temporary offices and structures, provided that such uses are important to the development of such plot or tract and also provided that such uses are not detrimental to the adjoining and neighboring plots or tracts already developed. Such structures and signs shall, in any event, be removed, and such uses shall be discontinued within 30 days after completion of the work on the plot or tract. In authorizing a permit for any such structure, sign or use, said Board shall fix the location and size thereof and shall limit the purpose and period of time for which the same may be erected or continued and may, in its discretion, require such security for the removal of such structures, signs or uses as it may deem appropriate.
I. 
Freestanding basketball backboards: permit the erection, alteration or maintenance of freestanding basketball backboards, provided that the following requirements are complied with in each case:
[Added 5-2-1991 by L.L. No. 4-1991]
(1) 
The Board of Appeals shall approve the location of such structures on the site, but in no event shall such structures be nearer to any street line than a distance of 15 feet, measured to the center line of the supporting structure.
(2) 
All such structures shall be erected and maintained so as to ensure safety and resistance to weather.
(3) 
All such structures shall be set in foundations of concrete.
(4) 
A permit issued hereunder shall be for a period not to exceed five years.
(5) 
Notwithstanding § 200-74, the application fee to the Board of Appeals for a permit hereunder shall be in such amount as determined from time to time by resolution of the Board of Trustees.
[Amended 3-7-1996 by L.L. No. 1-1996]
The Board may take the following action with respect to area and yards:
A. 
Dwelling area. Permit in an R-8 or an R-6 District an increase of not more than 10% in the maximum permitted building area of a dwelling, to be used for the erection of an unenclosed porch or an attached or accessory garage, in either of the following circumstances:
(1) 
If the dwelling was erected prior to November 14, 1946 (at which time the Zoning Ordinance of the Village then in effect was amended so as generally to establish more restrictive regulations affecting building area).
(2) 
If the dwelling does not exceed one story in height and is situated on a plot having at the time of the adoption of this chapter a width less than that required by this chapter.
B. 
Accessory buildings in R-M or R-A Districts. Permit on a plot of not less than 100,000 square feet in area in an R-M or R-A District a modification of the regulations for the location on the plot of accessory buildings as specified in § 200-52, provided the same are accessory to a conforming building or buildings, when such modification will result in a more satisfactory and efficient site plan for such plot.
C. 
Setback. Permit a proposed building to encroach on the setback requirement in cases where the proposed building will adjoin on either or both sides a building which does not conform to the minimum setback. Such encroachment shall not extend into such setback more than the adjoining building that has the greatest encroachment on such setback.
D. 
Rear yards in R Districts. Permit in an R District a modification of the rear yard regulations for attached garages and unenclosed porches hereafter erected on one-family dwellings in existence at the time of the adoption of this chapter so as to permit a one-story attached garage or unenclosed porch to project into the rear yard a distance not exceeding the distance, if any, between the front wall of any such dwelling and the minimum front yard setback prescribed by the Setback Map,[1] but no such projection of any such garage or porch into the rear yard shall in any case exceed 10 feet.
[1]
Editor's Note: The Setback Map is included at the end of this chapter.
E. 
Side yards in R Districts. Permit in an R District a modification of the side yard regulations for attached garages to be hereafter erected on one-family dwellings in existence at the time of the adoption of this chapter so as to allow a one-story attached garage for storage of not more than two automobiles to project into a side yard, but no such projection of any such attached garage shall be nearer to the side line of the lot than the number of feet specified in this chapter as the minimum width of a side yard for the district in which the building is located.
F. 
Yard encroachment. Permit the following encroachments in yards:
(1) 
In an R-40, R-20, R-12, R-8 or R-6 District, permit unenclosed porches, porticos, bay windows and ornamental parts of buildings of a public, educational, religious, philanthropic or charitable character to encroach on any required front, side or rear yard, provided that such encroachment shall not in any case exceed 35% of the applicable requirements, nor shall the width of any such encroaching structure exceed 15% of the width or depth of the building.
[Amended 10-16-1989 by L.L. No. 6-1989]
(2) 
In C Districts, permit an open canopy of a permanent nature over the rear entrance of a building, provided the Board finds that such canopy is appropriate to the architectural design of the building and the site plan of the plot, and further provided that such canopy shall not encroach into the rear yard to an extent greater than 1/3 of the required depth thereof.
G. 
Accessory location. Permit a modification of the provisions of § 200-52 as to the location of accessory structures when the Board finds that such modification will result in a more satisfactory improvement of the plot.
The Board may take the following action with respect to height:
A. 
R Districts. In any R District the Board may determine and specify pursuant to § 200-53E the maximum height of a building; provided, however, that in no event shall such maximum height exceed four stories or a total of 60 feet.
B. 
Accessory building or structure. The Board may permit a modification of the provisions of § 200-55 as to the height of accessory buildings or structures when the Board finds that such modification will result in a more satisfactory improvement of the plot.
C. 
Junkyards. The Board shall determine the type, height and location of walls or fences in connection with junkyards as required by § 200-30A.
The Board shall take the following action in connection with off-street parking and loading spaces required for certain uses as provided in Article V:
A. 
With the advice of the Superintendent of Public Works, the Board shall determine the amount of off-street parking and loading space and the size and location of places containing such space, or permit parking places for more than five motor vehicles as provided in § 200-40.
B. 
Subject to the approval of the Superintendent of Public Works, the Board shall determine the design of off-street parking and loading places and the means of ingress and egress for the same.
C. 
The Board may require such screening of off-street parking and loading places as it may find to be necessary in order to prevent detriment to neighboring property or annoyance to the occupants thereof.
The Board shall review and may approve and amend site plans in accordance with the requirements set forth in Article V. In passing on any site plan hereunder, the Board may require the provision of landscaping, fences and walls designed to further the purposes of this chapter, and such features shall be provided and maintained as a condition of the establishment of any use to which they are appurtenant. In considering any site plan, the Board shall endeavor to assure safety and convenience of traffic movement both within the area covered by the plan and in relation to access streets, harmonious and beneficial relation among the buildings and uses within said area, and satisfactory and harmonious relations between said area and contiguous and adjacent neighborhoods.
On all applications for permits under this Article, the Board, in addition to the requirements set forth in this Article, shall give consideration to the health, safety, convenience and general welfare of the Village and of its property owners and residents and shall act in harmony with the general purpose and intent of this chapter and of the applicable provisions of the Village Law.
The determination of the Board on every application under this Article shall be made in harmony with the Comprehensive Plan set forth in this chapter and in furtherance of the purposes set forth in § 200-1.
The Board shall not authorize the issuance of any permit under any of the provisions of this Article unless it finds in each case that the proposed use of the property or the erection, alteration or maintenance of the proposed building or structure:
A. 
Will not tend to depreciate the value of property in the Village.
B. 
Will not create a hazard to health, safety, morals or the general welfare.
C. 
Will not be detrimental to the neighborhood or to the residents thereof.
D. 
Will not alter the essential character of the neighborhood.
E. 
Will not otherwise be detrimental to the public convenience and general welfare.
A. 
In considering an application for a permit for any use as provided in § 200-65A to G inclusive, the Board shall take into account the following: accessibility of the property involved in the application for fire and police protection; access of light and air to the property and to adjoining properties; traffic conditions; transportation requirements and facilities; and the size, type and kind of buildings in the vicinity where numbers of persons are apt to gather and the relation of the proposed use to the safety and convenience of such persons. In the case of an application for a use involving the storage, care or servicing of motor vehicles, the Board shall particularly consider any hazards that might arise in connection with the storage and use of flammable materials.
B. 
Notwithstanding any other provision of this chapter, no permit shall be issued pursuant to § 200-16A(10) unless the Board of Appeals shall have first approved the same in respect to the following:
(1) 
Provision of adequate off-street parking and loading space in accordance with § 200-68.
(2) 
Suitability and adequacy of the site for the intended use.
(3) 
The location and arrangement of buildings, open spaces and driveways as shown on a site plan approved as provided in § 200-69.
[Amended 3-19-1987 by L.L. No. 2-1987; 10-16-1989 by L.L. No. 6-1989; 3-7-1996 by L.L. No. 1-1996; 7-21-2011 by L.L. No. 2-2011]
There shall be paid to the Village, upon the filing of each application or appeal to said Board, a fee in such amount as determined, from time to time, by resolution of the Board of Trustees.