A. 
A Board of Appeals shall be established by resolution of the Board of Trustees. It shall consist of five members appointed by the Board of Trustees for a term of five years. The Chairman and a Deputy Chairman, who shall act in the absence or inability of the Chairman, shall be designated by the Mayor. The Board shall serve without compensation for its services.
B. 
This Board of Appeals shall have the duties, rights, powers and function conferred upon it by § 7-712 of Article 7, as amended, of the Village Law and any other provisions of law or ordinance applicable thereto, including, but without limiting the generality of the foregoing, the following.
All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine. Such Chairman, or in his absence, the Deputy Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. Such Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.
All decisions of the Board shall be in writing, and a copy of each decision shall be sent to the applicant and to the Zoning Enforcement Officer. Every rule, regulation, amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and shall be a public record. Each decision shall set forth fully the reasons for the decision of the Board and the findings of fact on which the decision was based. Such findings and reasons shall include references to the appropriate standards of § 200-47 where the appeal is for a variance or a special use.
A. 
The Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by the Zoning Enforcement Officer. It shall also hear and decide all matters referred to it upon which it is required to pass under this chapter.
(1) 
No Board of Appeals decision shall be made on a variance until an advisory opinion is received from the Planning Board. Failure of said Board to report an opinion prior to the hearing shall be construed as approval of the variance.
(2) 
The concurring vote of a majority of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Zoning Enforcement Officer or to decide in favor of the applicant any matter upon which it is required to pass under this chapter or to effect any variation in this chapter. Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the village.
B. 
Such appeal shall be taken within 30 days or such additional time as shall be prescribed by the Board of Appeals by general rule, by filing with the Zoning Enforcement Officer and with the Board of Appeals a notice of appeal, specifying the grounds thereof and accompanied by a site plan or other appropriate description sufficient to demonstrate the applicant's intent to the Zoning Board of Appeals. The Zoning Enforcement Officer shall forthwith transmit to the Board of Appeals all of the papers constituting the record upon which the action appealed from was taken. Failure of the applicant to furnish such site plan or description, or failure of the applicant to furnish such additional or more detailed information as the Board of Appeals deems necessary, shall constitute sufficient grounds for the Board of Appeals to reject the appeal as incomplete; provided, however, that nothing herein shall prevent a rejected applicant from providing such additional or more detailed information and having the appeal subsequently accepted.
An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Enforcement Officer from whom the appeal is taken certifies to the Board of Appeals, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.
The Board of Appeals shall have the powers and duties prescribed by statute and by this chapter, as follows:
A. 
Appellate jurisdiction.
(1) 
Appeals from the interpretation of the Zoning Enforcement Officer.
(2) 
To grant a variance in case of practical difficulty or unnecessary hardship.
B. 
Original jurisdiction.
(1) 
Authorization of a permit for special uses where provided for in this chapter.
C. 
Interpretation. On appeal from a determination of the Zoning Enforcement Officer, to hear and decide on questions where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Enforcement Officer involving the interpretation of any provision of this chapter.
D. 
Variance. On appeal from a determination of the Zoning Enforcement Officer, to grant a variance where the property owner can show that his property was acquired in good faith and where the strict application of this chapter would result in practical difficulty or unnecessary hardship. The Board of Appeals shall prescribe appropriate conditions and safeguards to carry out the requirements of this subsection and shall not grant any variance unless it shall make a finding of fact based upon the evidence as presented to it in each specific case, as follows:
(1) 
Use variances. Upon written determination by the Zoning Enforcement Officer that a proposed use is prohibited by any provision of this chapter, a person aggrieved may appeal for relief by firmly establishing the following:
(a) 
That the land in question cannot yield a reasonable return (profit) if used only for a purpose allowed in that zone.
(b) 
That the use requested will not alter the essential character of the neighborhood.
(2) 
Area variances. Upon written determination by the Zoning Enforcement Officer that, while a proposed use is a permitted or accessory use, it does not strictly comply with all district regulations or other supplemental provisions of this chapter, a person aggrieved may appeal for relief by establishing the following:
(a) 
That the request is of reasonable size or dimension and is the minimum variance necessary to accomplish the desired purpose.
(b) 
That the request is consistent with the character of the neighborhood.
(c) 
That the request is not caused by simple inconvenience which can be obviated by another method and has not resulted from any act of the applicant subsequent to the adoption of this chapter.
(d) 
That the request will not adversely affect governmental facilities.
(e) 
That the interests of justice will be served by granting the variance.
(3) 
In any case, the granting of the variance will be in harmony with the intent, spirit and purpose of this chapter and will not permit a use of the property in question for any purpose not permitted in the district in which such property is located or otherwise be injurious to the neighborhood.
E. 
Special uses. On application, the Board of Appeals may authorize issuance of a permit for a special use for which approval of the Board is required under this chapter. In authorizing such permit, the Board may specify appropriate conditions in harmony with the following standards:
(1) 
The use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts.
(2) 
The location and size of the use, the nature and intensity of the operations involved in or conducted in connection therewith, its site layout and its relation to streets giving access to it shall be such that traffic to and from the use and the assembly of persons in connection with it will not be hazardous or inconvenient to the neighborhood or conflict with the normal traffic of the neighborhood. In applying this standard, the Board shall consider, among other things, convenient routes of pedestrian traffic, particularly of children; relation to main traffic thoroughfares and to street and road intersections; and the general character and intensity of development of the neighborhood.
(3) 
The location and height of building, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the proper development and use of adjacent land and buildings or impair the value thereof.
F. 
Special uses requiring Board of Appeals authorization include, but are not limited to, the following:
(1) 
Public utility or municipal structure or use. Such uses shall include electric or telephone substations, transformers and auxiliary apparatus serving a distribution area and water pumping stations in any residential district and shall be subject to the following regulations:
(a) 
Such facility shall not be located on a residential street (unless no other site is available) and shall be so located as to draw a minimum of vehicular traffic to and through such streets.
(b) 
The location, design and operation of such facility shall not adversely affect the character of the surrounding residential area.
(c) 
Adequate fences, barriers and other safety devices shall be provided, and the facility shall be screen-planted in accordance with the dictates of the Board.
(2) 
Drive-in food service. In addition to meeting the minimum yard and lot coverage requirements, such businesses where persons are served in automobiles or out-of-doors shall be subject to the following regulations:
(a) 
Such use shall be not closer than 200 feet to a residence district, the "use" referring to the principal building.
(b) 
Such use shall have frontage on a public street.
(c) 
Ingress and egress shall be so designed as to minimize traffic congestion, and for this purpose, the number and location of driveways shall be subject to review and approval of the Board of Appeals.
(d) 
Such use shall be adequately fenced and screened from any adjacent residential property, and lighting shall be directed away from adjacent property.
(3) 
Auto wash. In addition to meeting the minimum yard and lot coverage requirements, any auto wash establishment shall be subject to the following regulations:
(a) 
Such establishment shall not be closer than 200 feet to a residence district.
(b) 
The wash water shall not pollute any stream nor create a hazard because of surface drainage.
(c) 
The number and location of driveways shall be subject to a review and approval of the Board of Appeals.
(d) 
Such establishment, in addition to meeting the off-street parking requirements of Schedule B,[1] shall provide three stacking spaces or more per bay on the lot to prevent the waiting of automobiles in the public street.
[1]
Editor's Note: Schedule B is included at the end of this chapter.
(4) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection (4), Private swimming pool, was deleted 4-5-1990. See now § 200-12B(1)(g).
(5) 
Public swimming pools.
(a) 
All such uses shall conform to the same restrictions as apply to accessory uses in the same zone district.
(b) 
All such uses shall be constructed, maintained and operated in accordance with all applicable New York State statutes and policies, including Bulletin 27, Swimming Pools and Bathing Beaches, and Bulletin 31, Policies Governing the Preparation of Plans for Artificial Swimming Pools, and Part 6, Swimming Pools and Bathing Beaches, of the New York State Sanitary Code.
(6) 
Gasoline station. No gasoline station shall be permitted except where the Board determines:
(a) 
That the proposed use is consistent with the intent and purpose of this chapter to promote public health, safety, morals and the general welfare.
(b) 
That the location and size of the use, the site layout and its relation to any street shall be such that vehicular traffic and turning movements and their relation to pedestrian traffic will not be more hazardous than the normal traffic of the district.
(c) 
That the nature, location, size and site layout and height of walls and fences, and display of signs in connection with the use shall be such that the use will not hinder the appropriate development and use of adjacent land and buildings or impair the value thereof.
(d) 
That the location, size, intensity and site layout of the use shall be such that its operations will not be objectionable to nearby dwellings by reason of noise, fumes or flashing of lights to a greater degree than is normal with respect to the proximity of commercial to residential uses.
(e) 
That the nature, location, size and site layout of the use shall be such that it will be a harmonious part of the business or commercial district in which it is situated.
(f) 
That the location of the filling station or gasoline pumps and islands shall be on premises which shall not be less than 200 feet from any church, school or public playground, measured along the street line from the nearest boundary line of the premises on which such filling station or pump may be located to the nearest boundary line of the premises on which such church, school or playground is located.
(7) 
Auto sales.
(a) 
The sale of new or used motor vehicles shall not be permitted except where the Zoning Board of Appeals determines:
[1] 
That the proposed use is consistent with the intent and purpose of this chapter to promote public health, safety, morals and the general welfare.
[2] 
That the location of the use, the parking areas for vehicles for sale and their layout in relation to any street, lot entrance and other activities which normally occur on the same lot shall be such that on-site and off-site vehicular traffic and turning movements and their relation to pedestrian traffic will not be more hazardous than the normal on-site and off-site traffic.
[3] 
That the nature, location, size and site layout and height of walls and fences, and display of signs in connection with the use shall be such that the use will not hinder the appropriate development and use of adjacent land and buildings or impair the value thereof.
[4] 
That the location, size, intensity and site layout of the use shall be such that its operations will not be objectionable to nearby dwellings by reason of noise or flashing of lights to a greater degree than is normal with respect to the proximity of commercial to residential uses.
(b) 
In addition to the above, auto sales which are to be the principal use on any lot shall be further regulated as follows:
[1] 
All required yards, setbacks, lot coverage, etc., requirements shall be as listed for "auto sales/principal" use in Schedule A.
[2] 
Signs shall be allowed in accordance with § 200-29 of this chapter, and, in addition, no more than one sign shall appear on each motor vehicle and each such sign shall have a maximum size of 144 square inches.
[3] 
Unusual advertising devices such as streamers, colored flags or radio antenna decorations are prohibited.
[4] 
Any area lighting shall be directed away from or shaded or screened from any residential zone or use. Such lighting shall be extinguished or reduced during nonbusiness hours to a degree consistent with security surveillance requirements.
(c) 
In addition to Subsection F(7)(a) and (b) above, auto sales which are to be an accessory use on any lot shall be further regulated as follows:
[1] 
All required yards, setbacks, lot coverage, etc., requirements shall be as listed for "auto sales/accessory" use in Schedule A.[3]
[3]
Editor's Note: Schedule A is included at the end of this chapter.
[2] 
All motor vehicles for sale shall be in proper working condition and must bear a New York State Department of Motor Vehicles' registration.
(8) 
Home occupation.
(a) 
Permitted home occupations shall include, but not be limited to, the following: teaching (musical, art, dance or craft instruction limited to a single pupil at a time); barbershop and/or beauty shop limited to one operating chair; sewing; tourist homes or bed-and-breakfast homes of three bedrooms or fewer; and the skilled practice of an accountant, architect, artist, dentist, doctor, engineer, insurance agent, lawyer, planner, realtor, writer or member of a similar lawful profession conducted within a dwelling occupied by the same. Similar unlisted uses may be authorized by the Board of Appeals.
[Amended 4-5-1990]
(b) 
The conducting of a medical clinic, animal hospital, kennel or any similar use shall not be deemed to be a home occupation.
[Amended 4-5-1990]
(c) 
No home occupation shall be permitted except where the Board of Appeals determines:
[1] 
That the specific occupation requested agrees with the letter or intent of the definition of "home occupation" contained herein.
[2] 
That the home occupation shall be carried on by a member of the family residing in the dwelling unit and that, in particular, the practitioner resides in that dwelling unit.
[3] 
That the occupation or profession shall be carried on wholly within the principal building within a building or other permanent structure accessory thereto.
[4] 
That not more than one nonfamily member shall be engaged in the home occupation.
[5] 
That there will be no exterior display or sign (including signs clearly visible through windows or glass doors) except one unlighted identification sign not more than two square feet in area, and no other exterior indication of the home occupation or variation from the residential character of the principal building.
[6] 
That no offensive noise, vibration, smoke, dust, odors, heat, light, glare or garbage shall be produced.
[7] 
That the home occupation will occupy no more than 25% of the residential living area contained in the principal building.
(9) 
Small machine shop.
[Added 7-9-1986]
(a) 
In the event that the proposed small machine shop is located adjacent to a residence, the minimum side yard setback should be 15 feet and the minimum rear yard setback should be at least 15 feet. If the small machine shop is located adjacent to a commercial operation, the side yard setbacks should be at least 10 feet and the rear yard setback should be at least 10 feet.
(b) 
An appropriate visual buffer shall be established, either vegetative, man-made structural or a combination of both, of sufficient height and depth so as to effectively screen the proposed use from adjoining properties, structure and uses.
(c) 
One accessory structure for the storage of machinery or materials is permitted. The accessory structure shall be subject to the same front, rear and side yard setbacks as the principal structure. The outdoor storage of machinery or materials is expressly prohibited.
The Board of Appeals shall fix a reasonable time for the hearing of an appeal and give due notice thereof to the parties and by publication at least once in the official newspaper 10 days before the date of the hearing and shall decide the same within 62 days. Upon the hearing, any party may appear in person or by agent or by attorney. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Any person or persons aggrieved by any decision of the Board of Appeals may apply to the State Supreme Court for relief by a proceeding under Article 78 of the Civil Law and Rules. Such an action, by law, must be instituted within 30 days after the filing of the decision in the office of the Village Clerk.