A Board of Appeals is hereby created. Said Board
shall consist of three or five members to serve for three-year terms,
to be appointed by the Board of Trustees.
[Amended 4-21-1997 by L.L. No. 1-1997]
There shall be a Chairman and an Acting Chairman
of the Board of Appeals. The procedure of said Board and the conduct
of its members shall be in conformity with § 7-712 of the
Village Law.
Vacancies on the Board of Appeals shall be filled
in the same manner as appointments to said Board; provided, however,
that an unexpired term shall be filled for such unexpired term only.
The Board of Appeals shall have all the powers
and duties prescribed by law and by this chapter.
Upon appeal from a decision by an administrative
official, the Board of Appeals shall have the power to decide any
question involving the interpretation of any provision of this chapter,
including the determination of the exact location of any district
boundary if there is uncertainty with respect thereto.
The Board of Appeals shall have the authority
to issue special permits for any of the uses for which this chapter
requires the obtaining of such permits from the Board of Appeals or
for the extension of a building or use as such existed at the time
of the passage of the ordinance from which the provisions of this
chapter are derived into a contiguous more-restricted district for
a distance not exceeding 30 feet, but not for any other use or purpose.
The Board of Appeals shall have the authority
to vary or adapt the strict application of any of the requirements
of this chapter, especially in the case of exceptionally irregular,
narrow, shallow or steep lots or other exceptional physical conditions
whereby strict application would result in practical difficulty or
unnecessary hardship that would deprive the owner of the reasonable
use of the land or building involved, but in no other case.
No variance in the strict application of any
provision of this chapter shall be granted by the Board of Appeals
unless it finds that:
A. There are special circumstances or conditions, fully
described in the findings, applying to the land or building for which
the variance is sought, which circumstances or conditions are peculiar
to such land or buildings and do not apply generally to land or buildings
in the neighborhood, and that said circumstances or conditions are
such that the strict application of the provisions of this chapter
would deprive the applicant of the reasonable use of such land or
building.
B. For reasons fully set forth in the findings, the granting
of the variance is necessary for the reasonable use of the land or
building, and that the variance as granted by the Board is the minimum
that will accomplish this purpose.
C. The granting of the variance will be in harmony with
the general purpose and intent of this chapter and will not be injurious
to the neighborhood or otherwise detrimental to the public welfare.