[Amended 1-19-2023 by L.L. No. 1-2023; 8-20-2024 by L.L. No. 9-2024]
A. A Board of Appeals shall be appointed by the Board of Trustees pursuant
to the Village Law of the State of New York. Said Board shall consist
of five members.
B. Terms of members.
(1) The terms of members shall be fixed so that such members serve for
periods of two years.
(2) Notwithstanding the provisions of Subsection
B(1), members for terms of more than two years in office on the effective date of this section shall remain in office until the expiration of their present terms.
(3) Supersession of Village Law. Pursuant to the authority granted to
villages by Municipal Home Rule Law § 10(1)(ii)(e)(3), the
provisions with regard to the terms of members of boards of appeals
set forth in Subdivision 4 of § 7-712 of the Village Law
are hereby superseded in their relation to the Village to the extent
as set forth in this section.
C. The Board of Appeals shall make rules as to the manner of filing
appeals or applications for variances from the terms of this chapter.
D. The Board of Trustees may appoint not more than three residents of
the Village as alternate members of the Board of Appeals.
(1) The terms of office of each of said members shall be two official
years. If an appointment is made during an official year, such term
shall end at the end of the following official year.
(2) The chairperson of the Board of Appeals may designate an alternate
member to substitute for a member when such member is unable to attend
a meeting or to participate in an application because of a conflict
of interest or otherwise.
(3) When so designated, the alternate member shall possess all the powers
and responsibilities of such member.
(4) Such designation shall be entered into the minutes of the initial
meeting at which the substitution is made.
[Added 6-17-1986 by L.L. No. 2-1986;
amended 5-12-2008 by L.L. No. 1-2008]
A. Except as provided in Subsection
B hereof, every variance or conditional use or special exception permit granted by any Village board shall become null, void, and of no further force and effect unless:
[Amended 2-10-2014 by L.L. No. 2-2014]
(1) Substantial construction of the building or other
structure or alteration thereof has taken place in accordance with
the plans upon which such variance or permit was based within three
years after the meeting in which said variance or permit is granted.
[Amended 10-22-2020 by L.L. No. 10-2020]
(2) If said variance or permit is not based upon any construction
or alteration, the use so granted shall have been actually commenced
upon the premises that was the subject of such variance or permit
within one year after the meeting in which said variance or permit
is granted.
(3) If said variance relates to the size, frontage, width,
or depth of a building lot for a parcel that had been a legal preexisting
nonconforming building lot upon which a single-family detached dwelling
had been in use within the previous five years, a new single-family
detached dwelling is substantially constructed upon such building
lot within five years after the decision granting said variance is
filed in the office of the Clerk of the Village.
B. Any such Village board, for good cause shown, or upon
a showing of no change in law or facts upon which such board would
then come to a different conclusion with regard to the subject application,
may extend the time within which such substantial construction, alteration,
or commencement of use must take place with respect to a variance
or use permit granted by it, upon written application to it for such
extension. In no event, however, shall the board grant an extension
for more than three years beyond the original period hereinabove provided.
In determining whether good cause exists for such extension, the Board
shall consider, among other things, the nature and extent of the construction
and the difficulties tending to delay construction or institution
of the use.
C. If conditions are imposed by any Village board in the granting of
a variance or conditional use or special exception permit and those
conditions are not completely effectuated within nine months from
the date such board approved such grant, such grant shall be deemed
null, void, and of no further force and effect unless such board,
either at the time of such grant or subsequently thereafter, provides
additional time for the effectuation of such conditions. An application
for an extension of such nine-month period shall be made in writing
to such board, and no notice to the public or public hearing shall
be required in granting an extension.
[Added 4-9-2018 by L.L.
No. 7-2018]