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 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.