The Board of Appeals, consisting of five members,
as heretofore appointed pursuant to the Village Law, is hereby continued
for the terms heretofore designated; and as said members' terms expire
the Board of Trustees shall appoint their successors.
[Added 4-17-2001 by L.L. No. 3-2001]
A. Legislative findings. The Board of Trustees finds
that it is in the best interests of the Village residents to create
not more than five positions of alternate member of the Board of Appeals
to sit on applications and other matters for such members as are unable
to participate because of a conflict of interest or because of an
inability to attend a meeting, in order to help assure that a quorum
is readily available to hear applications and other matters in a timely
manner. Since Subparagraphs a and b of Paragraph 11 of § 7-712
of the Village Law solely provide for the establishment of such positions
when members are unable to participate because of a conflict of interest,
the Board of Trustees seeks to both implement the provisions of said
section and simultaneously to supersede the limitations of said section,
to the extent necessary, if at all, to provide that such alternate
members may also act when members are unwilling, unavailable or, for
any other reason, do not attend a meeting or participate on an application.
B. Appointment and term. The Mayor is hereby authorized
to appoint, subject to the approval of the Board of Trustees, not
more than five alternate members to the Board of Appeals. Each such
appointee shall serve from the date of such appointment until the
conclusion of the official year of the Village in which such appointment
is made.
C. Designation and powers. The Chairperson of the Board
of Appeals may designate an alternate member to substitute for a member
when such member is unable to participate because of a conflict of
interest on an application or other matter before the Board of Appeals,
or when a member is unwilling, unavailable or, for any other reason,
does not attend a meeting or participate on an application. When so
designated, the alternate member shall possess all the powers and
responsibilities of such member. When so designated, such designation
shall be entered into the minutes of the initial Board of Appeals
meeting at which the substitution is made.
D. Limit of number of alternate members' participation.
Under no circumstances shall more than two alternate members participate
at any one time on any application.
The Board of Appeals, in addition to the powers
and duties set forth in the Village Law and as heretofore set forth
in this chapter, may in a specific case after public notice and hearing
and subject to appropriate conditions and safeguards:
A. Determine and vary the application of this chapter.
B. Authorize the issuance of permits in harmony with
its general purpose and intent as hereinafter provided.
C. Authorize the issuance of temporary permits, for a
period not to exceed two years, for structures, buildings and uses
in undeveloped sections of the Village, as determined by the Board,
in contravention of the requirements of this chapter.
[Amended 12-15-2015 by L.L. No. 9-2015]
E. Subject to the provisions of §
575-149D and E, permit a use authorized on a portion of a lot in a lower restricted district to extend for a distance of not more than 25 feet beyond the boundary line of the higher restricted district in a case where a use district boundary line divides a lot in a single ownership at the effective date of this chapter. For purposes of the application of the provisions of §
575-149 to this section, the limits of that portion of the area of the lot into which the Board of Appeals permits the intrusion of uses prohibited in the higher restricted district shall be treated as if they represent rear or side lot lines, as the case may be.
[Amended 3-17-1987 by L.L. No. 4-1987]
F. Determine whether or not any trade, industry, purpose or use otherwise permitted by this chapter would violate §
575-148 and, if so, to prohibit such trade, industry or use.
G. Vary the application of the provisions of this chapter
and establish appropriate requirements for irregular lots or lots
less than the required area in any district existing at the effective
date of this chapter.
H. Vary the application of the provisions of this chapter,
and modify the requirements thereof in cases of exceptional topography
under such conditions as will safeguard the neighborhood.
I. Vary any provision of this chapter in case of practical
difficulty or unnecessary hardship, provided that public health, safety
and general welfare are secured.
J. Hear and decide appeals from and review any order
or decision made by the Building Inspector as to the application or
enforcement of the provisions of this chapter.
The Board of Appeals may issue permits for conditional
uses and special exception uses, as provided in this chapter, subject
to such terms and conditions as the Board may deem necessary to safeguard
adjoining properties and the health, morals, safety and general welfare
of the community. In the consideration and determination of applications
for conditional uses or special exception uses, the Board of Appeals
shall consider the following general standards as applied to the specific
application.
A. The purpose of zoning as set forth in the Village
Law of the State of New York and uses permitted in the district in
which the property is located.
B. Whether the proposed use is of such character, size,
location, design and site layout as to be appropriate to and in harmony
with the surrounding properties.
C. Whether the proposed use will provide a desirable
service, facility or convenience to the area or otherwise contribute
to the proper growth and development of the community and to its general
welfare.
D. Whether the proposed use will be hazardous, conflicting
or incongruous to the immediate neighborhood by reason of excessive
traffic, assembly of persons or vehicles, proximity to travel routes
or congregations of children or pedestrians.
E. Whether the proposed use will be of such nature as
to be objectionable to nearby residential dwellings by reason of noise,
lights, vibration or other factors of impact.
F. Whether the proposed use will be a harmonious use
in the district in which it is to be situated and not hinder or discourage
the appropriate use and development of adjacent uses or impair the
value thereof.
G. In addition to the foregoing, the location and size
of a proposed use in a business or waterfront development district,
the nature and intensity of the operations proposed and the site layout
and its relation to access streets shall be considered by the Board
having jurisdiction of the application to determine whether the vehicular
traffic resulting from such use will be more hazardous than the normal
traffic of the district, taking into account such factors as street
intersection, traffic flow, sight distances and pedestrian traffic.
[Amended 3-2-2004 by L.L. No. 8-2004; 1-14-2008 by L.L. No.
1-2008]
H. With respect to places of public assembly, including
but not limited to theaters, restaurants, schools, churches, assembly
halls, etc., the Board shall ensure that there are adequate on-premises
parking facilities to handle the maximum projected attendance.
I. The conversion of any existing office to a medical/professional
office shall require a special permit in accordance with the provisions
of this section.
[Added 12-18-1979 by L.L. No. 13-1979]
The concurring vote of a majority of the Board
shall be necessary for a decision.
[Amended 6-5-1981 by L.L. No. 2-1981; 7-7-1987 by L.L. No. 12-1987; 12-16-2003 by L.L. No. 17-2003]
The filing fees on applications to the Board
of Appeals shall be as prescribed from time to time by the Board of
Trustees.
Any violation of or failure to comply with any
term or condition governing the use, occupancy or maintenance of a
lot or premises, imposed by the Board of Appeals or the Board of Trustees
in the granting of a variance or a conditional use, special exception
or other use permit for said lot or premises shall constitute a violation
of this article of the chapter.
All certificates of occupancy issued pursuant
to a variance or other use permit granted by the Board of Appeals
or Board of Trustees shall have endorsed thereon a statement declaring
that the use and occupancy of said premises is subject to the terms
and conditions of said variance or use permit.
The Board of Appeals may make rules as to the
manner of filing appeals or applications for permits or variances
in specific cases.
Upon the filing with the Board of Appeals of
an appeal or of an application for a permit or variance, the Board
of Appeals shall fix a time and place for a public hearing thereon
and shall give notice thereof. Such notice shall be published once
in a local newspaper or newspapers at least five days before such
hearing and shall also state the location of the building or lot and
the general nature of the question involved.