There shall be a Board of Appeals consisting
of no more than five members appointed in accordance with applicable
Village Law. The Board of Appeals shall have the powers granted by
and be controlled by the provisions of the Village Law and any amendments
thereto, and the following powers:
A. To interpret the Zoning Code and Regulations.
B. To hear and decide appeals from any order, requirement,
decision or determination of the Building Inspector where it is alleged
there is an error in any such action.
C. To hear and decide matters upon which the Board of
Appeals is required to pass under the terms of this Code and to grant
any special permit where the provisions of this Code reserve such
right to the Board of Appeals.
[Amended 2-1-1996 by L.L. No. 2-1996]
The Board of Appeals shall, consistent with
applicable law, determine its own rules and procedure governing, among
other things, hearings, appeals and calendars and is authorized to
establish standards, and criteria in addition to those required by
the courts as to the applicant's burden of proof in applying for area
or use variances and special permits.
Notice for all public hearings held by the Board of Appeals shall be given in accordance with the provisions of §
177-121 of this code.
The Board of Appeals shall investigate and report
upon all matters referred to it by the Village Board.
[Amended 2-1-1996 by L.L. No. 2-1996]
Whenever a use or the location thereof is permitted
only upon approval by the Board of Appeals as a special permit, the
Board of Appeals may authorize such use in a specific case and after
notice and public hearing. In addition, the Board of Appeals shall
have authority to hear and decide applications filed for the following
as special permits:
A. Permit the reconstruction of a building occupied by a nonconforming use or permit the extension of a nonconforming use or building upon the lot occupied by such use or building at the time of the passage of this chapter, subject to the provisions of Article
III.
B. Permit such modifications to the yard or lot area
or lot width regulations as may be necessary to secure and appropriate
improvement of a parcel of land where such parcel was separately owned
at the time of the passage of this chapter and has not come into common
ownership with adjoining land at any time thereafter and is of such
restricted area that it cannot be appropriately improved without such
modifications.
C. Permit the erection of a building or portion of a
building covering not more than 20% of the area of the lot to a height
not more than 25% in excess of the limits prescribed herein.
D. Permit the offices of two professional persons in
any residential district for no more than a two-year period, provided
that:
(1)
Adequate on-site drainage is provided.
(2)
Adequate paved off-street parking is provided in accordance with Article
XV.
(3)
Adequate ingress and egress is provided.
(4)
One of the professional persons resides on the
premises.
[Amended 2-1-1996 by L.L. No. 2-1996]
Whenever the Board of Appeals shall have jurisdiction
and power to grant a permit for a special permit, it shall also have
original jurisdiction and power to review any proposed changes to
or renovations of either the use or the site to which it granted a
special permit or for which a special permit previously exists. It
shall be unlawful to expand, alter, renovate or otherwise change a
special permit use or structure used for such purpose without Board
of Appeals approval.
[Amended 2-1-1996 by L.L. No. 2-1996]
Before such approval for such special exception,
the Board of Appeals shall determine that:
A. The use shall not prevent the orderly and reasonable
use of adjacent properties or of properties in adjacent use districts.
B. The use shall not prevent the orderly and reasonable
use of permitted or legally established uses in the district wherein
the proposed use is to be located or of permitted or legally established
uses in adjacent use districts.
C. The safety, health, welfare, comfort, convenience
or order of the Village shall not be adversely affected by the proposed
use and its location.
D. The use shall be in harmony with and promote the general
purposes and intent of this chapter.
In making a determination for a special permit
approval, the Board of Appeals shall, among other things, give consideration
to the following:
A. The character of the existing and probable development
of uses in the district and the peculiar suitability of such district
for the location of any such permissive uses.
B. The conservation of property values and the encouragement
of the most appropriate uses of land.
C. The effect that the location of the proposed use may
have upon the creation of undue increase of vehicular traffic congestion
on public streets, highways or waterways.
D. The availability of adequate and proper public or
private facilities for the treatment, removal or discharge of sewage,
refuse or other effluent (whether liquid, solid, gaseous or otherwise)
that may be caused or created by or as a result of the use.
E. Whether the use or materials incidental thereto or
produced thereby may give off obnoxious gases, odors, smoke or soot.
F. Whether the use shall cause disturbing emission of
electrical discharges, dust, light, vibration or noise.
[Amended 2-1-1996 by L.L. No. 2-1996]
G. Whether the operations in pursuance of the use shall
cause undue interference with the orderly enjoyment by the public
of parking or of recreational facilities if existing or if proposed
by the Village or by other competent governmental agency.
[Amended 2-1-1996 by L.L. No. 2-1996]
H. The necessity for bituminous-surfaced space for purposes
of off-street parking of vehicles incidental to the use and whether
such space is reasonably adequate and appropriate and can be furnished
by the owner of the plot sought to be used within or adjacent to the
plot wherein the use shall be had.
I. Whether a hazard to life, limb or property because
of fire, flood, erosion or panic may be created by reason or as a
result of the use or by the structures to be used therefore or by
the inaccessibility of the property or structures thereon for the
convenient entry and operation of fire and other emergency apparatus
or by the undue concentration or assemblage of persons upon such plot.
J. Whether the use or the structures to be used therefore
shall cause an overcrowding of land or undue concentration of population.
[Amended 2-1-1996 by L.L. No. 2-1996]
K. Whether the plot area is sufficient, appropriate and
adequate for the use and the reasonably anticipated operation and
expansion thereof.
L. The physical characteristics and topography of the
land.
M. Whether the use to be operated is unreasonably near
to a church, school, theater, recreational area or other place of
public assembly.
The Board of Appeals shall impose appropriate
conditions and safeguards, including the imposition of covenants and
restrictions, which in its judgment shall be deemed necessary and
shall substantially serve the public convenience and welfare.