A. 
Membership.
(1) 
The existing duly constituted and organized Board of Appeals consisting of five members shall continue as heretofore established. The method of appointment, terms of office, and tenure of its members shall be as prescribed by law.
(2) 
There shall be appointed at least one but no more than two alternate members of the Board of Appeals who shall participate at each meeting of the Board of Appeals but who shall vote on applications only if fewer than five members of the Board of Appeals appear. The method of appointment, terms of office and tenure of the alternate appointees shall be in the same form as that of the appointees provided for under Subsection A(1) above.
[Added 1-10-2000 by L.L. No. 1-2000]
B. 
The Board shall have all the powers and duties prescribed by Village Law § 7-712(2)G[1] and by this chapter.
[1]
Editor's Note: Former § 7-712 of the Village Law was repealed by L. 1991, c. 692. See now §§ 7-712-a and 7-712-b of the Village Law.
C. 
The Board shall appoint a Secretary and shall prescribe rules for the conduct of its affairs.
D. 
All meetings of the Board of Appeals shall be open to the public. A quorum shall consist of three members.
E. 
Every decision by the Board shall be by resolution and shall contain a full record of the findings of the Board in the particular case.
A. 
Applications for any actions by the Board of Appeals shall be submitted in the form required by the Board and filed in the Village Clerk's office. Each application shall be accompanied by a radius map prepared by the applicant. The radius map shall include all properties located within a two-hundred-foot radius of the subject property.
[Amended 5-11-1998 by L.L. No. 4-1998]
B. 
The Board shall fix a time and place for a public hearing thereon and shall provide for the giving of notice at least 10 days prior to the date thereof, as follows:
(1) 
By publishing a notice in the official newspaper.
(2) 
If the land involved in an application is within 500 feet of the boundary of any other municipality, notice of the public hearing shall also be mailed by the applicant to the Municipal Clerk of each municipality, via certified mail, return receipt requested, and proof of such mailing, including the mailing receipts, shall be filed by the applicant with the Village Clerk in advance of the public hearing thereon.
[Amended 5-11-1998 by L.L. No. 4-1998]
(3) 
The applicant shall prepare and shall provide notice via certified mail, return receipt requested, to each property within a two-hundred-foot radius of the subject property in accordance with the radius map submitted by the applicant and shall provide proof of such mailing including the mailing receipts to the Village Clerk in advance of the public hearing thereon.
[Added 5-11-1998 by L.L. No. 4-1998]
(4) 
The cost of sending or publishing any notices relating to such appeal or reasonable fees relating thereto shall be borne by the appealing party and shall be paid to the Board prior to the hearing of such appeal. Such costs and fees shall be deemed out-of-pocket expenses for the purposes of Subsection H of this section.
[Added 5-11-1998 by L.L. No. 4-1998]
C. 
Notice of the public hearing and a description of the applicant's proposal shall be transmitted to the Nassau County Planning Commission, as provided in the General Municipal Law, §§ 239-l and 239-m, in any case where the land involved in an application is within 500 feet of:
(1) 
The boundary of any other municipality.
(2) 
Any existing or proposed state or county park or other recreation area.
(3) 
The right-of-way of any existing or proposed federal, state, or county parkway, thruway, expressway or other controlled or full access highway.
(4) 
The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines.
(5) 
The existing or proposed boundary of any state- or county-owned land on which a public building or institution is situated.
D. 
No action shall be taken on applications referred to the Nassau County Planning Commission until the Commission's recommendation has been received or 30 days have elapsed after the Commission received the full statement on the applicant's proposal.
E. 
A record shall be established of all variances granted pursuant to action of the Board of Appeals under this section. Each case shall be identified by a sequential numbering system and alphabetically by the applicant's name. Said files shall be available for public inspection.
F. 
The 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. The Board shall keep records of its examinations and official actions, all of which shall be filed in the Village Clerk's office and shall be a public record.
G. 
Building permits authorized by Board of Appeals' actions on variance cases shall be obtained within 90 days and shall automatically expire if construction under the permit is not started within 90 days of issuance and completed within six months, except for area and dimension variances. Extensions of these periods may be granted by the Board of Appeals without a further public hearing where good cause is shown.
H. 
The deposit for variance applications to the Board of Appeals shall be $300. The applicant will be charged the actual out-of-pocket expenses pertaining to the hearing so that expenses in excess of the deposit will be assessed against the applicant. Should the cost of out-of-pocket expenses be less than the deposit, the amount between the deposit and the out-of-pocket expenses shall be refunded to the applicant.
[Amended 12-11-1995 by L.L. No. 7-1995]
The Board of Appeals shall, upon appeal, hear and decide:
A. 
Any matter where the applicant alleges that the Building Inspector was in error in refusing to issue a building permit or certificate of occupancy, as a result of misinterpreting the meaning, intent or application of any section or part of this chapter.
B. 
Any matter where the appellant alleges that the Building Inspector was in error in his determination as to the exact location of a district boundary line on the Zoning Map that forms a part of this chapter.
C. 
Any matter which the Building Inspector refers on grounds of doubt as to the meaning or intent of any provision of this chapter or as to the location of a district boundary line on the Zoning Map.
A. 
The Board of Appeals shall have the power in passing on appeals where, as a result of exceptional physical conditions connected with a particular site, there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter that would deprive the owner of the reasonable use of the land or building involved, to vary or modify the application of the regulations or provisions of this chapter.
B. 
Guiding principles:
(1) 
Such practical difficulties or unnecessary hardships are not self-imposed.
(2) 
Such variance is the minimum variance needed to relieve such practical difficulties or unnecessary hardships.
(3) 
Such variance is in the spirit of the declaration of purpose of this chapter as set forth in § 160-2.
(4) 
Every decision by the Board of Appeals granting a variance shall clearly set forth the nature and extent of such variance.
(5) 
Every variance granted by the Board of Appeals may be made subject to such conditions and safeguards as the Board shall deem to be applicable to the particular case. Violations of such conditions or safeguards that are a part of the Board's decision shall be deemed a violation of this chapter punishable under the provisions of § 160-54.
(6) 
Any variance granted by the Board of Appeals pursuant to the provisions of this section shall be construed to be a nonconforming use.
In the instances of the following types of variances, the Board of Appeals is hereby specifically empowered to grant the variance pursuant to the guiding principles stated in § 160-44 and to the provisions which follow:
A. 
With respect to lots lying across district boundary lines:
(1) 
To grant a permit, in appropriate cases where the lot of the appellant as such lot existed on the effective date of this chapter lies across the boundary of two districts, for the extension into the more restrictive district, but for a distance not exceeding 30 feet measured at right angles to such district boundary line.
B. 
With respect to nonconforming uses, buildings, structures and lots:
(1) 
To grant a permit for the extension of such a nonconforming use on the same lot on which it was located or an increase in the degree of nonconformity of a nonconforming building or structure on the lot occupied by such building or structure, provided that:
(a) 
In the case of a nonconforming use, such enlargement or extension shall not exceed, in all, 50% of the floor area of such building or structure actually devoted to such nonconforming use on the effective date of this use having first become nonconforming. In the case of a nonconforming building or structure, such enlargement or extension shall not exceed, in all, 50% of the usable floor area of such building or structure existing on the effective date of the building or structure having become nonconforming.
(b) 
All parking and truck loading requirements of § 160-36 are complied with.
(c) 
There shall be no change in the nature or character of such nonconforming use or of such building or structure.
(d) 
The lot coverage and density shall not be greater than would be permitted by the most restrictive lot coverage and density provisions of this chapter applicable to a permitted use of the same nature or character. The term "density" includes, among other things, the number of dwelling units allowed based on the lot area, and the number of uses allowed based on the lot area.
(2) 
To grant a permit for the reconstruction, structural alteration, restoration or repair of a building or structure used for a nonconforming use, to an extent not to exceed an aggregate 100% of the gross floor area of such building or structure.
(3) 
To grant a certificate of occupancy for a change in a nonconforming use, provided that:
(a) 
The Board of Appeals shall have made a determination that such change will be beneficial to the general neighborhood.
(b) 
Such change is made subject to such reasonable conditions and safeguards as the Board of Appeals may stipulate.
C. 
With respect to yard requirements:
(1) 
To grant a variance modifying the yard requirements of a nonconforming lot which qualified under the terms of § 160-39C(4) as to ownership, but where compliance with the dimensional provisions of this chapter is not feasible.
D. 
With respect to fences:
(1) 
To grant a variance, in appropriate cases, for a higher fence or wall than the maximum heights stipulated in § 160-37.
E. 
With respect to accessory parking and truck loading spaces:
(1) 
To waive, in whole or in part, the requirements of § 160-36C and D for off-street parking and/or truck loading spaces after making a finding that a normal application of such requirements is infeasible because:
(a) 
The lot has either too restricted an area or unusual dimensions, shape or topographic character; and
(b) 
No other suitable and adequate lot can be reasonably put to such use within 500 feet of the property to which said parking and/or truck loading spaces are accessory.
(2) 
To permit a reduction in the number of off-street parking spaces and/or truck loading spaces originally required and installed for a particular use pursuant to § 160-36C and D, in cases where the Board of Appeals determines that, by reason of diminution in number of dwelling units or residents or in floor area, seating capacity or area or number of employees or change in other factors determining the demand for such spaces, the proposed reduction in available spaces will be consistent with the requirements of said sections, and further provided that the area so withdrawn from these uses shall remain in reserve for potential future increases in need.
F. 
With respect to historic and cultural landmarks after recommendation by the Historic District Commission:
(1) 
To grant a variance for such use or uses compatible with an intent to preserve, protect, restore or promote the historic and cultural integrity of a landmark which is being adversely affected by a new development, alteration or replacement and such relief from parking and other requirements of this chapter as are appropriate, provided that the Board of Appeals determines that:
(a) 
A threat to the continuance of the landmark as a historic or cultural Village resource exists.
(b) 
Such variance is in the best interest of the Village and not contrary to this chapter's declaration of purpose in § 160-2.
(c) 
Such variance is needed to support the continued integrity of the landmark.
(d) 
Such variance is reasonable as it may relate to existing zoning district provisions and nearby neighborhood uses.
(2) 
The application shall be referred to the Planning Board for its site plan review recommendations prior to the public hearing on such application.
(3) 
Such variance may be made subject to such conditions and safeguards as the Board of Appeals shall deem necessary or advisable, including requiring a written agreement by the applicant to remove such use or uses or to convert the same to a conforming use upon the termination of the use of the actual historic landmark itself, its removal from the property or its destruction by natural or other means.