The Board of Appeals shall have the following
powers:
A. Administrative review. To hear and decide appeals
from and review any order, requirement, decision, interpretation or
determination made by the Code Enforcement Officer or other administrative
officer in carrying out or enforcing any provision of this chapter.
The concurring vote of a majority of the Board shall be necessary
to reverse any order, requirement, decision or determination of any
such administrative official or to grant a use variance or area variance.
B. Special permits. To hear and decide applications for
special permit as specified in this chapter and to authorize the issuance
of special permits as specifically provided herein. A majority vote
of all members of the Board of Appeals shall be necessary to grant
a special permit.
C. Variance. To grant use and area variances as defined
in the New York State Village Law; provided, however, that such powers
are subject to the provisions of Article 7 of the Village Law as it
now exists or may hereafter be amended. The Board of Appeals shall,
in the granting of both use variances and area variances, have the
authority to impose such reasonable conditions and restrictions as
are directly related and incidental to the proposed use of the property.
Such conditions shall be consistent with the sphere and intent of
this chapter and shall be imposed for the purpose of minimizing any
adverse impact such variance may have on the neighborhood or community.
The Board of Appeals may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision,
interpretation or determination appealed from and shall make such
order, requirement, decision, interpretation or determination as in
its opinion ought to have been made in the matter by the administrative
official charged with the enforcement of this chapter, and to that
end shall have all the powers of the administrative official from
whose order, requirement, decision, interpretation or determination
the appeal is taken.
Any person or persons jointly or severally aggrieved
by any decision of the Board of Appeals or any officer, department,
board or bureau of the village may apply to the Supreme Court for
review by a proceeding under Article 78 of the Civil Practice Law
and Rules, all as provided in Article 7 of the New York State Village
Law.
The Board of Zoning Appeals may grant a rehearing
on motion made by any member of the Board, subject to the provisions
of the Village Law of the State of New York.