A. 
A Zoning Board of Appeals is hereby created, which shall be organized by the Village Board of Trustees in accordance with New York State Village Law § 7-712, as amended from time to time.
B. 
The Board of Appeals shall consist of five members appointed by the Mayor subject to the approval of the Board of Trustees, each to serve for a term of five years. Vacancies for the unexpired term of any member shall be filled for such unexpired period only. The appointment of members to the Board shall be of terms so fixed that one member's term shall expire at the end of each Village official year. At the expiration of each member's appointment, the replacement member shall be appointed for a term of five years.
C. 
The Mayor shall appoint the Chairperson, subject to the approval of the Board of Trustees. In the absence of a Chairperson, the Board of Appeals may designate a member to serve as Acting Chairperson. All meetings of the Board of Appeals shall be held at the call of the Chairperson and/or Acting Chairperson and at such other times as a majority of the Board may determine.
D. 
Such Chairperson, or, in his absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
E. 
All meetings of such Board shall be open to the public, and public notice shall be given of all hearings to be held by the Board of Appeals. Such notice shall include a brief description of each case and the location of the property involved. Such notice shall be published in the official paper of the Village at least 10 days before the date fixed for such hearing, and notices of such hearing shall be posted in six public places at least 10 days before the hearing.
F. 
The Village office shall be the office of the Board, and the Village Clerk-Treasurer shall be the Clerk of the Board.
G. 
All records of the Board shall be public records and shall be filed with the Village Clerk-Treasurer in the Village office. Such Board shall keep minutes and records of its proceedings showing the vote of each member on any question.
H. 
If any member is absent or failed to vote, the minutes shall indicate such fact.
I. 
The concurring vote of a majority of the members of the Board shall be necessary to decide in favor of the applicant any matter that the Board is required to pass upon under the provisions of this Zoning chapter.
A. 
Appeals to the Board of Appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the Village.
B. 
Such appeal shall be taken within 60 days after any officer or body of the Village, empowered to administer and enforce this Zoning Law, has acted or failed to act upon any matter set forth within this chapter, by filing with the Village Clerk-Treasurer and with the Clerk of the Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The administrative official from whom the appeal is taken shall forthwith transmit to the Board of Appeals all papers constituting the record upon which the action appealed from is taken.
[Amended 9-8-2008 by L.L. No. 4-2008; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Appeals, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.
D. 
The Board of Appeals shall schedule a hearing within 60 days of receipt of the appeal and give due notice thereof to the applicant at least 14 days before the hearing and shall give public notice of the hearing in the official newspaper. In addition to the public notice of hearing, the applicant shall give notice, in writing, by certified mail, at least 10 days before the public hearing, to all property owners of land adjacent to the property. Adjacent properties shall be all properties that directly abut the property on which the variance is being proposed. This includes all properties directly across a street, watercourse or right-of-way. The public notice shall be published at least five days before the public hearing. The Board of Appeals shall make a decision within 62 days after the final hearing. Upon the hearing, any party may appear in person or by agent or by attorney. The reasons for action taken on the appeal shall be set forth in writing or in written minutes of the Board of Appeals. A copy of the decision of the Board of Appeals on the appeal shall be filed in the office of the Village Clerk-Treasurer within five business days after the day such decision is rendered, and a copy mailed to the applicant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Board of Appeals shall have the following powers:
A. 
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the administration or enforcement of this Zoning chapter.
B. 
To hear and decide on applications for special questions upon which the Board is specifically authorized to pass under this Zoning chapter.
C. 
To authorize upon appeal in specific cases such variance from the specific terms of this Zoning chapter as will not be contrary to the public interest, when, owing to special conditions, a strict application of the provisions of this Zoning chapter will result in peculiar and exceptional practical difficulties or exceptional and undue hardship, provided that the spirit of the Zoning chapter shall be observed, public safety and welfare secured, and substantial justice done as hereinafter provided.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Board of Appeals may grant use and area variances in accordance with the provisions of Village Law § 7-712-b.
Where, in these regulations, the Board is authorized to approve variances or decide appeals, such approval, decision or authorization shall be limited by such conditions as the case may require, including the imposition of any of the following specifications:
A. 
No outside sign or advertising structures, except professional or directional signs.
B. 
Limitation of signs as to size, type, color, location or illumination.
C. 
Amount, direction and location of outdoor lighting.
D. 
Amount and location of off-street parking and loading space.
E. 
Cleaning or painting.
F. 
Gable roof or other type.
G. 
Construction of materials.
H. 
Connected or disconnected with other buildings.
I. 
Exits or entrances, doors and windows.
J. 
Paving, shrubbery, landscaping, ornamental or screening fences, walls or hedges.
K. 
Time of day or night for operating.
L. 
No storefronts.
M. 
No structural changes.
N. 
Control or elimination of smoke, dust, gas, noise or vibration caused by operations.
O. 
Requirements for termination of a use based on lapse of time or such other conditions as the Board may specify.
P. 
Such other conditions as are necessary.
After the Board of Appeals has granted a variance, the variance granted shall lapse after the expiration of one year if no substantial construction or change of use has taken place in accordance with the plans for which the variance was granted, or if the Board does not specify some longer period than one year for good cause shown, and the provisions of these regulations shall thereafter govern.
The procedure for amendment of a variance already approved, or a request for a change of conditions attached to an approval, shall be the same as for a new application, except that where the Clerk of the Board determines the change to be minor relative to the original approval, he may transmit the same to the Board with the original record without requiring a new application to be filed.
Appeals to courts from a decision of the Board may be filed in the manner prescribed by law.