A.
Establishment. Pursuant to the § 7-712 of the Village Law,
a Board of Appeals is hereby established in the Village of Dundee.
B.
Appointment. The Board of Appeals shall consist of three or five
members to be appointed by the Board of Trustees and shall have all
the duties and have all the powers prescribed by § 7-712
of the Village Law and as granted in this chapter.
C.
Residency.
Members of the Board of Appeals shall be residents of the Village
of Dundee.
[Added 12-28-2011 by L.L. No. 1-2012]
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 shall hear and decide appeals
from and review any order, requirement, decision or determination
made by the Zoning Officer 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.
Variances. The Board may vary or adapt the strict application of
any of the requirements of this chapter in the case of exceptionally
irregular, narrow, shallow or steep lots or other exceptional physical
conditions, whereby such strict application would result in unnecessary
hardship, would deprive the owner of the reasonable use of the land
or building involved, but in no other case. No variance in the strict
application of any provision of this chapter shall be granted by the
Board unless it finds:
(1)
That there are special circumstances or conditions, fully described
in the findings of the Board, applying to such land or buildings and
not applying generally to land or buildings in the neighborhood, and
that said circumstances or conditions are such that strict application
of the provisions of this chapter would deprive the applicant of the
reasonable use of such land or buildings.
(2)
That, for reasons fully set forth in the findings of the Board, the
granting of the variance is necessary for the reasonable use of the
land or building and that the variance as granted by the Board is
the minimum variance that will accomplish this purpose.
(3)
That the granting of the variance will be in harmony with the general
purpose and intent of this chapter and will not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
C.
Interpretation. The Board of Appeals shall, upon appeal from a decision
by an administrative 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.
Special uses. The Board of Appeals may issue a special use permit
for any of the uses for which this chapter required the obtaining
of such permits from the Board of Appeals. Such special use permit
shall be issued only after notice, hearing and findings by the Board
of Appeals.
E.
Referral to Planning Board. The Board of Appeals shall refer to the
Planning Board[1] such matters as are required by this chapter or any other
matters which the Board of Appeals deem appropriate for review and
recommendation and shall defer any decision thereon for a period of
30 days or such other time limit as the Board of Appeals shall prescribe
pending a report from the Planning Board. Upon failure to submit such
report, the Planning Board shall be deemed to have approved the matters
referred to it.
F.
Referral to County Planning Board. The Board of Appeals shall also
refer to the County Planning Board such matters as are required to
be referred to it pursuant to General Municipal Law §§ 239-1
and 239-m.
A.
Form of application. The Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Board of Appeals shall be in writing, on forms prescribed by the Board of Appeals in accordance with Article VIII. Every appeal or application shall refer to the specific provision of the section involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. At least 30 days before the date of the hearing required by law on an application or appeal to the Board of Appeals, the Secretary of said Board shall transmit to the Planning Board[1] a copy of said application or appeal, together with a copy of the notice of the aforesaid, and shall request that the Planning Board make a report in accordance with § 138-41E.
B.
Form of decision. Every decision of the Board of Appeals shall be
by resolution, each of which shall contain a full record of the findings
of the Board of Appeals in the particular case.
