The Mayor shall appoint and the Village Trustees shall approve
a Board of Appeals consisting of seven members as provided by the
Village Law of New York State. The Board of Appeals may in a specific
case after public notice and hearing and subject to appropriate conditions
and safeguards determine and vary the application of the regulations
herein established in harmony with their general purpose and intent
as follows:
A. Variance powers (matters of appeal before the Board of Appeals).
Where there are practical difficulties or unnecessary hardships in
the way of carrying out the strict letter of the regulations, the
Board of Appeals shall have power to vary or modify the application
of such regulations so that the spirit of the chapter shall be observed,
public safety and welfare secured and substantial justice done.
B. Special powers and rules (matters of original jurisdiction and by
application to the Board of Appeals). Whenever a use, or the location
thereof, is permitted only if the Board of Appeals shall approve thereof,
the Board of Appeals may, in a specific case and after public notice
and public hearing, authorize such permissive use and its location
within the district in which this chapter specifies the permissive
use may be located, subject, however, to the following:
(1) Before such approval shall be given, the Board of Appeals shall determine:
(a)
That the use will not prevent the orderly and reasonable use
of adjacent properties in adjacent use districts.
(b)
That the use will not prevent the orderly and reasonable use
of permitted or legally established uses in the district wherein the
proposed use is to be located or of permitted or legally established
uses in adjacent use districts.
(c)
That the safety, the health, the welfare, the comfort, the convenience
or the order of the Village will not be adversely affected by the
proposed use and its location.
(d)
That the use will be in harmony with and promote the general
purposes and intent of this chapter.
(2) In making determination, the Board of Appeals shall also give consideration
among other things, to:
(a)
The character of the existing and probable development of uses
in the district for the location of any such permissive uses.
(b)
The conservation of property values and the encouragement of
the most appropriate uses of land.
(c)
The effect that the location of the proposed use may have upon
the creation of undue increase of vehicular traffic congestion on
public streets or highways.
(d)
The availability of adequate and proper public or private facilities
for the treatment, removal, or discharge of sewage, refuse, or other
effluent (whether liquid, solid, gaseous, or otherwise) that may be
caused or created by or as a result of the use.
(e)
Whether the use, or materials incidental thereto, or produced
thereby, may give off obnoxious gases, odors, smoke or soot.
(f)
Whether the use will cause disturbing emissions of electrical
discharges, dust, light, vibration, or noise.
(g)
Whether the operations in pursuance of the use will cause undue
interference with the orderly enjoyment by the public of parking or
of recreational facilities, if existing, or if proposed by the Village
or by other competent governmental agency.
(h)
To the necessity for bituminous surfaced space for purposes
of off street parking of vehicles incidental to the use, and whether
such space is reasonably adequate and appropriate and can be furnished
by the owner of the plot sought to be used within or adjacent to the
plot wherein the use shall be had.
(i)
Whether a hazard to life, limb or property because of fire,
flood, erosion or panic may be created by reason or as a result of
the or by the structures to be used therefor, or by the inaccessibility
of the property or structures thereon for the convenient entry and
operation of fire and other emergency apparatus or by the undue concentration
of assemblage of person upon such plot.
(j)
Whether the use, or the structures to be used therefor, will
cause an overcrowding of land or undue concentration of population.
(k)
Whether the plot area is sufficient, appropriate and adequate
for the use and reasonable anticipated operation and expansion thereof.
(l)
Whether the use to be operated is unreasonably near to a church,
school, recreational area, or other place of public assembly.
(3) The Board of Appeals shall, in authorizing such permissive uses,
impose such conditions and safeguards as it may deem appropriate,
necessary or desirable to preserve and protect the spirit and objectives
of this chapter. When, in its judgment, the public convenience and
welfare and justice will be substantially served, and provided that
the legally established or permitted use of neighboring property will
not be substantially or permanently injured, the Board of Appeals
may, after notice and hearing and subject to appropriate conditions
and safeguards as outlined, authorize the granting of a permit.
C. Rules. The Board of Appeals shall make rules as to the manner of
filing appeals or applications for special exceptions or variances.
D. Filing and public hearing. Upon the filing with the Board of Appeals
of an appeal or of an application for special exception or variance,
the Board of Appeals shall fix a time and a place for a public hearing
thereon and shall give notice thereof as follows:
(1) By publishing a notice thereof in the local paper or paper of general
circulation in the Village.
(2) The applicant shall include stamped envelopes addressed to all the
owners of record of property abutting and/or within 200 feet of the
proposed variance with enclosed notices declaring that such application
has been made.
(3) For each proposed change of the chapter or change of the Zoning Map
as provided by this chapter, there shall be a fee as set from time
to time by resolution of the Board of Trustees.