[Code 1975, § 90-73; L.L. No. 1-1992]
A board of appeals, consisting of five (5) members, as provided by the village law, is hereby created. The terms of the members of said board, as they now exist, are hereby continued. The new members and the successors of the present members shall be appointed for a term of three (3) years by the board of trustees. The village clerk shall be deemed secretary of the board of appeals. The chairman shall be designated by resolution of the village board.
[Code 1975, § 90-74; L.L. No. 1-1992; L.L. No. 1-1999]
The meetings and procedure of the board of appeals shall be governed by the applicable provisions of the village law of State of New York, as amended from time to time. The applicant shall cause notice of said hearing to be sent in writing, by certified mail, return receipt requested, at least twenty (20) days prior to the hearing date to all property owners within two hundred (200) feet of the subject property, as shown on the current tax rolls of the village. The applicant shall file an affidavit of mailing with the board before or at such hearing. The board shall adopt rules and regulations, not inconsistent with law or the provisions of this chapter governing its procedure and the transaction of its business. Such board shall keep minutes of its proceedings and records of its examinations and other official actions, which minutes and records shall be a public record. Each decision of the board shall be recorded and shall fully set forth the circumstances of the case and the findings upon which the decision is based.
[Code 1975, § 90-75; L.L. No. 3-1978; L.L. No. 6-2005]
The board of appeals shall have all the powers conferred upon it pursuant to Article 7 of the New York State Village Law, including the power to grant use and area variances and to impose reasonable conditions and restrictions upon such variances; and the power to review, reverse, affirm or modify any order, requirement, decision, interpretation or determination made by any administrative official charged with the enforcement of the provisions of this chapter, chapter 22 and chapter 23 of this Code. In addition, the board of appeals shall have such powers as may be specifically conferred upon it by the provisions of the Village Code and any subsequent enacted amendments thereto.
[1]
Editor's Note: Former § 21-106 was repealed 7-28-2003 by L.L. No. 5-2003. This section related to findings and derived from Code 1975, § 90-76, and L.L. No. 3-1978.
[Code 1975, § 90-77]
The board may prescribe such conditions or restrictions applying to the grant of a variance as it may deem necessary in the specific case, in order to prevent or minimize any adverse effects of such variance upon other property in the neighborhood. Such conditions or restrictions shall be incorporated in the zoning permit and certificate of occupancy. Failure to comply with such conditions or restrictions shall constitute a violation of this chapter and may constitute the basis for denial or revocation of a building permit or certificate of occupancy and for all other applicable remedies.
[Code 1975, § 90-78]
A variance granted under the provisions of this chapter shall automatically lapse if substantial construction, in accordance with the plans for which such variance was granted, has not been completed within one year from the date of granting such variance by the board, or, if judicial proceedings to review the board's decision shall be instituted, from the date of entry of the final order in such proceedings, including all appeals. The board of appeals shall, however, have original jurisdiction to reinstate such variance after a lapse thereof, upon a finding that the conditions found by it to exist at the time of the original grant variance, as set forth in section 21-106 hereof, have not changed in any essential manner nor in any substantial degree.