[Amended 5-10-2010 by L.L. No. 1-2010]
A.
A Board
of Appeals is hereby created. Said Board shall be appointed by the
Board of Trustees and consist of three to five members and one or
two alternate members, each having a term of five years. Upon the
death, resignation or removal for any reason of a member or alternate
member of the Board, the Mayor, with the approval of the Board of
Trustees, shall appoint a successor for the unexpired term. The Board
of Trustees shall appoint a Chairman of the Board of Appeals and a
Secretary, who may but need not be a member or alternate member of
the Board of Appeals.
[Amended 5-9-2011 by L.L. No. 2-2011]
B.
Members
of the Board of Appeals shall complete such training as may be approved
by the Board of Trustees pursuant to Article 7 of the Village Law.
The Board of Appeals shall have all the power
and duties prescribed by Article 7 of the Village Law of the State
of New York and by this chapter, which are more particularly specified
as follows:
A.
Interpretation: upon appeal from a decision by an
administrative official, to decide any question involving the interpretation
of any provision of this chapter, including determination of the exact
location of any district boundary if there is uncertainty with respect
thereto.
B.
Special permits: to issue special permits for any
of the uses for which this chapter requires the obtaining of such
permits from the Board of Appeals.
[Amended 11-10-1997 by L.L. No. 4-1997]
(1)
The initial term of any special permit shall not exceed
one year.
[Amended 5-10-2010 by L.L. No. 1-2010]
(2)
Waiver. The Board of Appeals shall have the authority
to waive a prerequisite to the issuance of a special use permit upon
a finding that, in the particular case, adherence to the standard
is not requisite in the interest of the public health, safety or general
welfare or is inappropriate.
C.
Use variances: to grant use variances, authorizing
a use of the land which otherwise would not be allowed or would be
prohibited by the terms of this chapter. No use variance shall be
granted unless the Board shall find that applicable zoning regulations
impose unnecessary hardship. The Board, in granting a variance, shall
endeavor to grant the minimum variance necessary to alleviate the
proven hardship and to protect and preserve the character of the neighborhood
and the health, safety and welfare of the community. No finding of
unnecessary hardship shall be made unless:
(1)
The applicable regulations deprive the applicant of
all economic use and benefit of the property, which deprivation must
be proved by competent financial evidence.
(2)
The alleged hardship relating to the property in question
is unique and does not apply to a substantial portion of the district
or neighborhood.
(3)
The requested variance, if granted, will not alter
the essential character of the neighborhood.
(4)
The alleged hardship has not been self-created.
D.
Area variances: to grant area variances from the area
or dimensional requirements of this chapter. The Board shall consider
the benefit to the applicant if the variance is granted, as weighed
against the detriment to the health, safety and welfare of the neighborhood
or community if the grant is made. The Board shall endeavor to grant
the minimum variance necessary to alleviate the applicant’s
hardship and at the same time preserve and protect the character of
the neighborhood and the health, safety, and welfare of the community.
Specifically, the Board shall consider whether:
[Amended 8-10-2020 by L.L. No. 5-2020]
(1)
An undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be created
by the requested area variance.
(2)
The benefit sought by the applicant can be achieved
in some feasible manner other than an area variance.
(3)
The proposed area variance will have an adverse effect
or impact on the physical or environmental conditions in the neighborhood
or district.
(4)
The
requested area variance is substantial.
(5)
The alleged difficulty was self-created.
E.
Conditions: with respect to both use variances and
area variances, to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed use of the
property or the period of time such variance shall be in effect. Any
conditions shall be consistent with the spirit and intent of this
chapter and shall be imposed for the purpose of minimizing any adverse
impact the variance may have upon the neighborhood or community.
F.
Limitations.[1]
(1)
A
variance, whether use or area, shall be deemed abandoned and become
void if the recipient thereof fails to act in material reliance thereon
within 18 months of its initial grant. The mere act of obtaining a
building permit shall not satisfy this requirement of material reliance.
(2)
A
variance, whether use or area, shall be deemed abandoned and become
void if the recipient thereof fails substantially to complete the
improvements contemplated thereby within three years of the initial
grant of the variance. The issuance of a certificate of occupancy
or a certificate of compliance for the improvements contemplated within
the time so limited shall be conclusive evidence that the variance
has not been abandoned.
A.
The Board of Appeals shall act in strict accordance
with the procedure specified by law and by this chapter. All appeals
and applications made to the Board shall be in writing on forms prescribed
by the Board. Every appeal or application shall refer to the specific
provision of the ordinance or local law involved and shall exactly
set forth the interpretation that is claimed, the use for which the
special permit is sought or the details of the variance that is applied
for and the grounds on which it is claimed that the variance should
be granted, as the case may be. At least 20 days before the date of
the hearing required by law on an application or appeal to the Board
of Appeals, the Secretary of said Board shall transmit to the Planning
Board a copy of the notice of the aforesaid hearing and shall request
that the Planning Board submit to the Board of Appeals its opinion
on said application or appeal, and the Planning Board shall submit
a report of such advisory opinion prior to the date of said hearing.
Upon failure to submit such report, the Planning Board shall be deemed
to have approved the application or appeal.
B.
Every decision of the Board of Appeals shall be by
resolution, which shall contain a full record of the findings of the
Board in the particular case.
The office of the Village Clerk shall be the
office of the Board of Appeals, and every rule, regulation, amendment
or repeal thereof and every order, requirement, decision or determination
of the Board shall immediately be filed in said office as required
by § 7-712, Subdivision 2, of the Village Law of the State
of New York.
The Board shall fix a reasonable time for the
hearing of appeals and shall give due notice of the time set for hearing
to the applicant. Such notice shall be served upon the applicant.
Public notice shall be by the publication of a notice in the official
newspaper of the Village and shall briefly describe the nature of
the appeal and the time and place of the hearing. Such notice shall
be published once at least seven days before such hearing.
