[Amended 8-9-1999 by L.L. No. 9-1999]
This chapter shall be enforced by the Code Enforcement
Official. No building permit or certificate of occupancy shall be
issued by him or her except where all the provisions of this chapter
have been complied with.
The Board of Appeals shall hear and decide appeals
pursuant to the provisions of the laws of the State of New York and
shall have the following powers:
A. To hear and decide appeals. The Board of Appeals shall
hear and decide appeals from and review any order, requirement, decision
or determination made by the Code Enforcement Official administering
this chapter. It shall also hear and decide all matters referred to
it or upon which it is required to pass under the provisions of this
chapter.
B. Variance.
(1) The Board of Appeals may vary or adapt the strict
application of any of the requirements of this chapter in accordance
with Village Law § 7-712-b.
(2) In granting any variance, the Board of Appeals shall
prescribe any conditions that it deems to be necessary or desirable.
C. Interpretation. The Board of Appeals shall, upon appeal
from a decision by the Code Enforcement Official, 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.
D. Referral to Village Planning Board. The Board of Appeals
shall refer to the Village Planning Board such matters as required
by this chapter and any other pertinent matters for review and recommendations,
and defer any decision thereon for a period of not more than 30 days
pending a report from the Village Planning Board. Upon failure to
submit such report, the Village Planning Board shall be deemed to
have approved the application for appeal.
E. Referral to County Planning Board. The Board of Appeals
shall refer to the County Planning Board such matters as required
by General Municipal Law § 239-m and in such instances shall
follow the required procedures set forth in such law.
[Amended 4-14-1980 by L.L. No. 3-1980; 9-28-1981 by L.L. No.
5-1981]
The Board of Appeals shall fix a reasonable
time for the hearing of the appeal or other matter referred to it
and give due and public notice thereof by publication in the official
paper of the Village of a notice of such hearing, at least 10 days
prior to the date thereof, and shall at least five days before such
hearing, mail notices thereof to the parties, and shall decide such
appeal or matter within 62 days after such hearing.
A. Appeal from action of the Code Enforcement Official.
In case of an appeal alleging error or misinterpretation in any order
or other action by the Code Enforcement Official, the following persons
shall be notified: the appellant and the person and persons, if any,
who benefit from the order, requirement, regulation or determination.
B. Appeal for variance. In case of an appeal for a variance,
as provided for in this chapter, the following persons shall be notified:
all owners of property within 200 feet of the nearest line of the
property for which the variance is sought, and to such other property
owners as the Chairman of the Board of Appeals may direct.
C. Adjournment of hearing. Upon the day for hearing any
appeal, the Board of Appeals may adjourn the hearing for a reasonable
period for the purpose of causing such further notice as it deems
proper to be served upon such other property owners as it decides
may be interested in said application or appeal.
D. Decision of Board of Appeals; subsequent action on
decision. The Board of Appeals shall make its decision in the manner
provided by law and any person or persons jointly or severally aggrieved
by a decision of the Board of Appeals may thereafter apply for a review
as provided by law.
E. Required interval for hearings on applications and
appeals after denial. Whenever the Board of Appeals, after hearing
all the evidence presented upon an appeal under the provisions of
this chapter, denies the same, the Board of Appeals shall refuse to
hold further hearings on the said or substantially similar application
or appeal by the same applicant, his or her successor or assign, for
a period of one year, except and unless the Board of Appeals shall
find and determine from the information supplied by the request for
a rehearing that changed conditions have occurred relating to the
promotion of the public health, safety, convenience, comfort, prosperity
and general welfare, and that a reconsideration is justified. Such
rehearing should be allowable only upon a motion initiated by a member
of the Board of Appeals and adopted by a majority vote of all the
members.
Fees for the issuance of permits, appeals, amendments and other zoning actions shall be paid to the Village at the office of the Village Clerk-Treasurer upon the filing of an application and in accordance with the schedule of fees established by Chapter
A232, Fees, of this Code.