[Amended 11-6-2007 by L.L. No. 2-2007; 3-15-2023 by L.L. No. 2-2023]
A Board of Appeals, consisting of five members
as provided by the Village Law, is hereby created. The terms of the
members of the said Board, as they now exist, are hereby continued.
The new members and the successors of the present members shall be
appointed for terms of five years by the Board of Trustees. In addition,
the Board of Trustees may appoint, for a one-year term, two alternate
members to the Board of Appeals who shall be entitled to serve and
function in the place and stead of a regular member on account of
the absence or inability of a regular Board member to serve or function.
The meetings and procedure of the Board of Appeals
shall be governed by the provisions of the Village Law of the State
of New York, as amended from time to time. The said Board shall adopt
rules and regulations, not inconsistent with law or the provisions
of this chapter, governing its procedure and the transaction of its
business. The Board shall keep minutes of its proceedings and records
of its examinations and other official actions, which minutes and
records shall be a public record. Each decision of the Board shall
be by resolution, each of which shall fully set forth the circumstances
of the case and the findings upon which the decision is based. Each
such resolution shall be filed in the office of the Village Clerk,
together with all documents pertaining thereto.
[Amended 11-6-2007 by L.L. No. 2-2007]
The Board may prescribe such conditions or restrictions
applying to the grant of a variance as it may deem necessary in the
specific case in order to prevent or minimize any adverse impact such
variance may have on other property in the neighborhood. Such conditions
or restrictions shall be incorporated in the building permit and certificate
of occupancy. Failure to comply with such conditions or restrictions
shall constitute a violation of this chapter and may constitute the
basis for denial or revocation of a building permit or certificate
of occupancy for all other applicable remedies.
A variance granted under the provisions of this
chapter shall automatically lapse if substantial construction, in
accordance with the plans for which such variance was granted, has
not been completed within one year from the date of granting such
variance by the Board or, if judicial proceedings to review the Board's
decision shall be instituted, from the date of entry of the final
order in such proceedings, including all appeals.
[Amended 10-6-1992 by L.L. No. 8-1992]
The Board of Appeals may, in specific cases, after public notice and hearing and subject to appropriate conditions and safeguards, authorize the Building Inspector to issue a permit wherever it is provided in this chapter that the approval of the Board of Appeals is required. In addition, the Board may authorize the Building Inspector to issue special permits for specific purposes as provided in Article
IX.
For the purpose of these regulations, a "building
project" shall mean the nonresidential use or occupancy of one plot
or parcel of land under single ownership or control by two or more
main buildings, other than dwellings, and accessory buildings.
A. The term "building project" shall include any proposal
hereafter made:
(1) To erect or construct two or more main buildings on
one plot or such parcel of land.
(2) To erect or construct an additional main building
or buildings upon one parcel of land which is occupied by a main building
or buildings lawfully existing at the effective date of this chapter.
(3) For the alteration, as defined in §
129-6, of any main building when two or more main buildings occupy or are proposed to occupy one such parcel of land.
B. Any building project hereafter proposed shall be subject to the regulations prescribed in §§
129-90 through
129-95.
Nothing contained in §§
129-90 through
129-95 shall be construed to permit a building or use in a district restricted against such building or use or to authorize the subdivision of land, as defined in the Village Subdivision Regulations.
No modification, variance or change in the general location, layout, character and use of any building project or parking facility as shown on the project plan so approved shall be permitted, except when approved in accordance with the procedure set forth in §§
129-90 through
129-95.