A Board of Appeals is hereby established. Such
Board shall consist of five members, to be appointed by the Village
Trustees and to serve without pay. Initial appointments shall be made
for one-, two-, three-, four-, and five-year terms or for the unexpired
portion of the term of any member who may retire. At the expiration
of each original appointment, the succeeding members shall be appointed
for five-year terms.
All meetings of the Board of Appeals shall be
public. A quorum shall consist of three members. The concurrent vote
of three members shall be necessary for any decision. The Board shall
keep minutes of its proceedings.
The Board of Appeals shall adopt, from time
to time, such rules and regulations as it may deem necessary to interpret
and carry into effect the provisions of this chapter.
A.
The Board of Appeals shall have no power to amend
this chapter or the Building Zone Map,[1] but where there are practical difficulties or unnecessary
hardships in the way of carrying out the provisions of this chapter,
such Board, after due notice and public hearing, may prescribe, in
a specific case, a variation in the application of any such provision,
in harmony with the general purpose and intent of this chapter, so
that the public health, safety and welfare may be conserved. The Board
of Appeals shall have general power of review of any decision rendered
by the Code Enforcement Officer.
[1]
Editor's Note: The Building Zone Map is on
file in the office of the Village Clerk, where it is available for
inspection during regular office hours.
B.
The Board of Appeals shall have the power to permit
the change of a nonconforming use to another no more harmful or objectionable
nonconforming use under limitations hereinbefore recited.
C.
The Board of Appeals shall have the power to establish
a legal nonconforming use and to establish its own requirements for
application and proof therefor.
[Added 11-1-1993 by L.L. No. 5-1993]
Where the street layout actually on the ground
varies from the street layout as shown on the Building Zone Map, the
designation shown on the map shall be applied to the improperly mapped
street on the ground by the Board of Appeals, after due notice and
public hearing, in such a way as to carry out the intent and purpose
of the chapter and map for the particular section in question.
[Added 10-5-2020 by L.L. No. 1-2020]
A.
The
fee for any application to the Zoning Board of Appeals pursuant to
the provisions of this chapter shall be at the level affixed from
time to time by resolution of the Board of Trustees of the Village
of Brightwaters.
B.
In addition to any fees established pursuant to Subsection A hereof, the fee for the applications to the Zoning Board of Appeals shall include payment or reimbursement of reasonable costs and expenses incurred by the Board for private engineering, environmental, planning and/or architectural consultants, or other private consulting services reasonably deemed necessary by the Board, and other extraordinary expenses in connection with the review of a proposed subdivision, or the change of use for a commercial establishment. Such reimbursable costs shall be in addition to any other fees required. The applicant shall be required to provide an escrow deposit account at any time on or after the receipt of the application, in an amount sufficient to cover the anticipated costs for such consultant review and other expenses.
C.
The
fees to be paid by the applicant shall also include payment or reimbursement
of the following costs:
