A Board of Appeals is hereby created. It shall
consist of the existing five members, one of whom has been appointed
Chairman and another who has been appointed Deputy Chairman and who
shall act in the absence or inability of the Chairman. Upon the expiration
of the term of the existing members of the Board of Appeals, the Mayor,
subject to the approval of the Board, shall appoint future members
for a term of five years. In case of a vacancy, the successor shall
be appointed to serve for the unexpired portion of the term of his
or her predecessor.
The Board of Appeals shall have all the duties
and powers conferred upon it by law and this chapter, including the
following duties and powers:
A. Appeals. To hear and decide appeals from and review
any order, requirement, decision or determination made by the Codes
Enforcement Officer and to revise or affirm, wholly or partly, or
modify such order, requirement, decision or determination, making
such order, requirement, decision or determination as should be made
under law and this chapter.
B. Variances. Upon such appeals, where there are practical
difficulties or unnecessary hardships in the way of carrying out the
strict letter of this chapter, to vary or modify the application of
any of the regulations or provisions of this chapter relating to the
use, construction or alteration of buildings or structures or the
use of land, in accordance with the provisions of Village Law § 7-712-b,
so that the spirit of this chapter shall be observed, public safety
and welfare secured and substantial justice done.
[Amended 3-20-2000 by L.L. No. 1-2000]
Any approval or variance granted by the Board
of Appeals shall become null and void if not exercised within one
year from the date it is granted.
In addition to the notice required by statute,
the Village Clerk shall give notice of any application made under
the provisions of this article by mailing, at least five days prior
to the hearing upon such application, postcard notices of the substance
of the application and the date, time and place of the hearing to
all the owners of land lying within a distance of 500 feet of the
exterior boundaries of the premises for which the application is made,
as the names and addresses of those owners appear on the latest completed
assessment roll of the Village, but failure to comply with this section
shall not invalidate any action taken by the Board of Appeals.