The powers and duties of the Board of Appeals shall be as follows:
A. Interpretation. On appeal from an order, requirement, decision or
determination made by an administrative official or on request by
an official, board or agency of the Village, to decide any of the
following questions:
(1) Determination of the meaning of any portion of the text of this chapter
or of any condition or requirement specified or made under the provisions
of this chapter.
(2) Determination of the exact location of any district boundary shown
in the Zoning Map.
B. Variances.
(1) To authorize, upon appeal in specific cases, such variance from the
terms of this chapter as will not be contrary to the public interest
where, owing to exceptional and extraordinary circumstances, there
are practical difficulties or unnecessary hardships in the way of
carrying out the strict letter of this chapter, subject to terms and
conditions to be fixed by the Board of Appeals; provided, however,
that no such variance shall be granted unless said Board finds:
(a)
That there are physical conditions, such as in the case of an
exceptionally irregular, narrow, shallow or steep lot, fully described
in the findings of said Board, applying to the land or building for
which the variance is sought, which conditions are peculiar to such
land or building and have not resulted from any act of the applicant
or any prior owner;
(b)
That, for reasons fully set forth in the findings of said Board,
the aforesaid circumstances or conditions are such that the strict
application of the provisions of this chapter would deprive the applicant
of the reasonable use of such land or building, and the granting of
the variance is necessary for the reasonable use of the land or building,
and that the variance as granted by said Board is the minimum variance
that will accomplish this purpose; and
(c)
That the granting of the variance, under such conditions as
said Board may deem necessary or desirable to apply thereto, will
be in harmony with the general purpose and intent of this chapter,
will not represent a radical departure therefrom, will not be injurious
to the neighborhood, will not change the character thereof and will
not be otherwise detrimental to the public welfare.
(2) The needs or desires of a particular owner or tenant or of a particular
prospective owner or tenant shall not, either alone or in conjunction
with other factors, afford any basis for the granting of a variance.
The fact that the improvements already existing at the time of the
application are old, obsolete, outmoded or in disrepair or the fact
that the property is then unimproved shall not be deemed to make the
plight of the property unique or to contribute thereto.
(3) Where said Board finds the zoning classification of a particular
property to be conducive to the deprivation of the reasonable use
of the land or buildings and where said Board finds the same condition
to apply generally to other lands or buildings in the same neighborhood
or zoning district, said Board shall call this condition to the attention
of the Planning Board and Village Board.
(4) In all cases where the Board of Appeals grants a variance from the
strict application of the requirements of this chapter, it shall be
the duty of such Board to attach such conditions and safeguards as
may be required in order that the result of its action may be as nearly
as possible in accordance with the spirit and intent of this chapter.
C. Temporary certificate of occupancy.
(1) To authorize, upon denial by the Code Enforcement Officer of a certificate
of occupancy, the issuance of a temporary certificate of occupancy
by the Code Enforcement Officer for a period not to exceed 90 days,
for the completion of any alterations that are required under the
provision of any law or ordinance or for the completion of a part
of an uncompleted building, provided that the Board finds that:
[Amended 11-28-1983 by L.L. No. 4-1983]
(a)
The denial of a certificate of occupancy prior to completion
of said alterations or of the building would cause unnecessary hardship;
and
(b)
The safety of the occupants of the building and of adjacent
buildings and land would be adequately assured under such terms and
conditions as said Board may prescribe.
(2) Such temporary certificate shall not be construed as in any way altering
the respective rights, duties or obligations of the owner or of the
Village respective to the use or occupancy of the land or building
or any other matter covered by this chapter.