A Board of Appeals shall be appointed by the
Board of Trustees of the Incorporated Village of Bellerose, pursuant
to the Village Law of the State of New York.
Said Board of Appeals shall consist of five
members. They shall be appointed for the terms provided in said Village
Law. It shall make rules as to the manner of filing appeals or applications
pursuant to the terms of this chapter.
The Board of Appeals may, in appropriate cases,
after public notice and hearing and subject to appropriate conditions
and safeguards and in harmony with the general purpose and intent
of this chapter, in addition to the powers and duties set forth in
said Village Law and such powers as are by this chapter given to them:
A. Vary the application of the regulations herein established
and establish appropriate requirements for irregular lots less than
the required area, in any district, existing at the effective date
of this chapter.
B. Vary the application of the regulations herein established
and modify the requirements hereof in cases of exceptional topography
under such conditions as will safeguard the neighborhood.
C. Grant temporary and conditional permits of limited
duration, not exceeding three months, for nonconforming uses and buildings
in undeveloped sections.
D. Determine and establish the true location of district
boundaries in any disputed case.
E. Permit the extension of a nonconforming use or building
existing at the effective date of this chapter.
F. Permit any public utility in a restricted zone.
G. Determine whether or not any trade, industry, purpose or use, otherwise permitted by this chapter, would violate Article
VII of this chapter and, if so, to prohibit such trade, industry or use.
H. Vary the height regulations in any district to permit
church spires, belfries, towers designed exclusively for ornamental
purposes, flagstaffs, chimneys, flues or scenery lofts and to permit
parapet walls extending not more than three feet above the height
permitted by these regulations.
The Board of Appeals shall have the power to
hear and determine appeals from and to review any order or decision
made by the Building Inspector.