[Amended 7-7-1975 by L.L. No. 1-1975; 9-14-1982 by L.L. No.
3-1982]
The Board of Trustees shall appoint a Board
of Appeals consisting of five members, each to be appointed for a
term of five years. The Board of Appeals shall have the powers granted
by the Village Law and the following powers:
A.
Variance powers. Where there are practical difficulties
or unnecessary hardships in the way of carrying out the strict letter
of these regulations, the Board of Appeals shall have the power to
vary or modify the application of such regulations so that the spirit
of this chapter shall be observed, public safety and welfare secured
and substantial justice done.
B.
Special powers and rules. Wherever a use or the location
thereof is permitted only if the Board of Appeals shall approve thereof,
or whenever an application for a permitted use or the location thereof
is subject to approval of an application by the Board of Appeals,
the Board of Appeals may, in a specific case and after notice and
public hearing, authorize such use and its location within the district
in which the use may be located, subject to the following provisions
and such other safeguards and conditions consistent with the specific
use and the location thereof:
(1)
Before such approval shall be given, the Board of
Appeals shall consider that:
(a)
The use will not prevent the orderly and reasonable
use of adjacent properties or of properties in adjacent use districts.
(b)
The use will not prevent the orderly and reasonable
use of permitted or legally established uses in the district wherein
the proposed use is to be located or of permitted or legally established
uses in adjacent districts.
(c)
The safety, the health, the welfare, the comfort,
the convenience or the order of the Village will not be adversely
affected by the proposed use and its location.
(d)
The use will be in harmony with and promote
the general purposes and intent of this chapter.
(2)
In making such determination, the Board of Appeals
shall also give consideration, among other things, to:
(a)
The character of the existing and probable development
of uses in the district and the peculiar suitability of such district
for the location of any of such permissive uses.
(b)
The conservation of property values and the
encouragement of the most appropriate uses of land.
(c)
The effect that the location of the proposed
use may have upon the creation or undue increase of vehicular traffic
congestion on public streets or highways.
(d)
The availability of adequate and proper public
or private facilities for the treatment, removal or discharge of sewage,
refuse or other effluent, whether liquid, solid, gaseous or otherwise,
that may be caused or created by or as a result of the use.
(e)
Whether the use or materials incidental thereto
or produced thereby may give off obnoxious gases, odors, smoke or
soot.
(f)
Whether the use will cause disturbing commissions
of electrical discharges, dust, light, vibration or noise.
(g)
Whether the operations in pursuance of the use
will cause undue interference with the orderly enjoyment by the public
of parking or of recreational facilities, if existing, or if proposed
by the Village or by other competent governmental agency.
(h)
The necessity for bituminous-surfaced space
for purposes of off-street parking of vehicles incidental to the use
and whether such space is reasonably adequate and appropriate and
can be furnished by the owner of the plot sought to be used within
or adjacent to the plot where the use shall be had.
(i)
Whether a hazard to life, limb or property because
of fire, flood, erosion or panic may be created by reason or as a
result of the use or by the structures to be used therefor or by the
inaccessibility of the property or structures thereon for the convenient
entry and operation of fire emergency apparatus or by the undue concentration
or assemblage of persons upon such plot.
(j)
Whether the use or the structures to be used
therefor will cause an overcrowding of the land or undue concentration
of population.
(k)
Whether the plot area is sufficient, appropriate
and adequate for the use and the reasonably anticipated operation
and expansion thereof.
(l)
Whether the use to be operated is unreasonably
near to a church, school, theater, recreational area or other place
of public assembly.
(3)
The Board of Appeals shall, in authorizing such permissive
uses, impose such conditions and safeguards as it may deem appropriate,
necessary or desirable to preserve and protect the spirit and objectives
of this chapter.
The Board of Appeals shall, consistent with
the Village Law, make rules and regulations as to the manner of filing
appeals and applications for variances and for special exceptions
to be heard by it and also determine its own rules, regulations and
procedures with respect to its hearings on such appeals and applications.
A.
Every variance or application granted by the Board
of Appeals in pursuance of the provisions of this chapter shall be
and become null and void and of no further force or effect unless,
within 120 days after filing with the Village Clerk of the decision
of the Board of Appeals, the use so granted shall actually have commenced
upon the premises or the erection and construction of the principal
building or structure for the construction or use of which a variance
or special exception shall have been granted by the Board of Appeals
shall actually have been commenced; provided, however, that excavation
for or construction of a building foundation shall not be deemed to
be commencement of the erection or construction of such building or
structure within the meaning of this section.
B.
Where the use or erection and construction of the
principal building or structure for the construction or use of which
a variance or special permission has been granted by the Board of
Appeals shall not have been commenced within the original one-hundred-twenty-day
period by reason of weather conditions, circumstances beyond the control
of the applicant or otherwise, said Board may, in its discretion and
without public hearing, grant one or two extensions, each of 60 days
or less, where the applicant shall submit proof in writing of all
the facts and circumstances and such other proof and material as said
Board may require; provided, however, that the conditions upon which
the variance or special permission was granted originally have not
changed substantially or materially in the judgment of the Board.
Upon the filing with the Board of Appeals of
an appeal or of an application for special exception or variance from
the terms of this chapter, the Board of Appeals shall fix a time and
place for a public hearing thereon and shall give notice thereof as
follows:
A.
By publishing a notice thereof once a week for two
weeks in a newspaper of general circulation published in the Village.
B.
By mailing a notice thereof to the Village Clerk.
C.
By mailing a notice thereof to every association of
residents of the Village which shall have registered its name and
address for this purpose with the Board of Appeals.
The notices required by § 365-38 shall state the location of the building or lot and the general nature of the question involved.
[Amended 4-18-1974; 6-22-2004 by L.L. No. 2-2004]
No application to the Board of Appeals pursuant
to the provisions of this chapter or the Village Law will be received
unless and until there shall be paid to the Clerk of the Board of
Appeals the sum of $100, or $250 depending on the zone; amount is
indicated on the application.
