For every variance in the strict application of any provision
of this chapter, the ZBA shall follow the procedures and use the governing
standards for use and area variances set forth in Village Law § 7-712-b,
Subdivisions 2 and 3.
In the instances of the following types of variances, the ZBA is hereby specifically empowered to grant the variance pursuant to the guiding principles and general standards stated in §§
170-54 and
170-55 and to the following provisions:
A. With respect to lots lying across district boundary lines:
(1) To grant a permit, in appropriate cases, where the lot of the applicant,
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 of a lawful conforming use permitted in the less restrictive
district, but for a distance not exceeding 50 feet measured at right
angles to such district boundary line.
B. With respect to nonconforming uses, buildings and lots:
(1) To grant a permit for the enlargement or extension of a nonconforming
use or building on the lot occupied by such use or building on the
effective date of this chapter, provided that:
(a)
Such enlargement or extension was arranged, intended or designed
for such nonconforming use or building on the effective date of this
chapter.
(b)
Such enlargement or extension shall not exceed in all 50% of
the replacement cost of the existing building on the effective date
of this chapter, exclusive of foundations.
(c)
All parking and truck loading requirements of Article
VI are complied with.
(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 exceeding in aggregate 50% of the replacement cost
of such building or structure, exclusive of foundations.
(3) To grant a certificate of occupancy for a change in a nonconforming
use, provided that:
(a)
The ZBA shall have made a determination that such change will
be beneficial to the general neighborhood.
(b)
Such change be made subject to such reasonable conditions and
safeguards as the ZBA may stipulate.
C. With respect to yard requirements:
(1) To grant a variance modifying the yard requirements of a nonconforming lot which qualifies under the terms of §§
170-42D as to ownership, but where compliance with the dimensional provisions of this chapter is infeasible.
D. With respect to fences:
(1) To grant a permit, in appropriate cases, for a higher fence or wall than the maximum heights stipulated in §
170-22.
E. With respect to accessory parking and truck loading spaces:
(1) To waive the requirements of §
170-27 for off-street parking and truck loading spaces, in whole or in part, in a case where the municipality owns or operates a public parking and/or truck loading area within 500 feet of the lot and where the ZBA determines that there is no need for additional facilities.
(2) To waive the requirements of §
170-27 for off-street parking and/or truck loading spaces, in whole or in part, after making a finding that the normal application of such requirements is infeasible because:
(a)
The lot has too restricted an area.
(b)
No other suitable and adequate lot can reasonably be put to
such use within 500 feet of the property to which said parking and/or
truck loading spaces are accessory.
(3) 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 §
170-27, in cases where the ZBA determines that, by reason of diminution in number of dwelling units or residents or in floor area, seating capacity or area, 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 §
170-27; and further provided that the area so withdrawn from these uses remains in reserve for potential future increases in need.
F. With respect to temporary building permits:
(1) To grant a temporary building permit for a period not to exceed one
year for a nonconforming building, structure or use incidental to
a building or other construction project, including such uses as the
storage of building supplies and machinery, a real estate office or
model houses located on or near a tract of land where individual properties
are being offered for sale, provided that:
(a)
Such temporary permit shall be issued only upon written agreement
by the owner or his or her agent to remove such building, structure
or use or to convert it to a conforming use upon expiration of the
permit.
(b)
Such permit shall be subject to such reasonable conditions as
said ZBA shall determine to be necessary to protect the public health,
safety, morals or general welfare.
(2) Such permit may be renewed annually at the direction of the ZBA.