A. 
There shall be a Zoning Board of Appeals (ZBA) consisting of five members, appointed by the Village Board. The method of appointment, terms of office and tenure of its members shall be as prescribed by law.
B. 
The ZBA shall have all the powers and duties prescribed by law and by this chapter.
C. 
The Village office shall be the office of the ZBA, and the Village Clerk shall be the Clerk of the ZBA.
D. 
All meetings of the ZBA shall be in the Village and open to the public. A quorum of the ZBA shall consist of three members.
E. 
Every decision by the ZBA shall be by resolution and shall contain a full record of the findings of the ZBA in the particular case.
F. 
The Village Board shall designate the Chairperson and Vice Chairperson of the ZBA. In the absence of the Chairperson, the Vice Chairperson shall serve as Chairperson. The designation of Chairperson and Vice Chairperson may be withdrawn at the pleasure of the Village Board.
G. 
All members of the ZBA shall be required to meet the training and continuing education requirements as established by law and the Village Board.
H. 
For the purposes of substituting for a member of the Zoning Board of Appeals in the event that such member is unable to participate because of a conflict of interest or is otherwise unavailable, the Mayor may appoint one or more alternate members subject to the approval of the Board of Trustees, with any such appointment for a term of one year from the date of appointment. Any designation of an alternate member in replacement of a member shall be made by the Chairperson of the Zoning Board of Appeals and shall be entered in the minutes.
[Added 5-11-2009 by L.L. No. 1-2009]
I. 
Effective immediately and excepting failures to attend a meeting by reason of illness or a conflict of interest, any member of the Zoning Board of Appeals who fails to attend two out of three meetings of the Board shall be subject to removal by the Mayor following a public hearing.
[Added 9-20-2021 by L.L. No. 5-2021]
A. 
Applications for any action by the ZBA shall be submitted to the ZBA in the form required by the ZBA and filed in the Village Clerk's office.
B. 
Notice of each ZBA public hearing, and a notice of each complete application and a description of each applicant's proposal to be considered thereat, shall be transmitted to the Suffolk County Planning Commission as prescribed in the General Municipal Law § 239-m in any case where the land involved in an application is within 500 feet of:
(1) 
The boundary of any other municipality.
(2) 
Any state or county park or other recreation area.
(3) 
The right-of-way of any federal, state or county parkway, thruway, expressway or other controlled or full access highway.
(4) 
The right-of-way of any stream or drainage channel owned by Suffolk County or for which Suffolk County has established channel lines.
(5) 
The boundary of any state or Suffolk County owned land on which a public building or institution is situated.
C. 
No action shall be taken on applications referred to the Suffolk County Planning Commission until that Commission's recommendation has been received or 30 days have elapsed after that Commission has received the full statement on the applicant's proposal.
D. 
A record shall be established of all variances granted by the ZBA under this article. Each case shall be identified by a sequential numbering system and alphabetically by the applicant's name. Said files shall be available for public inspection.
E. 
The ZBA shall keep minutes of its proceedings showing the vote of each member upon every question or, if absent or failing to vote, indicating that fact. The ZBA shall keep records of its examinations and official actions, all of which shall be filed in the Village Clerk's office and shall be a public record.
F. 
Variances granted by the ZBA shall run with the land and be transferable unless the decision contains an expiration date imposed by the ZBA as a condition of the variance.
G. 
The ZBA shall fix a time and place for a public hearing for a variance application and shall provide giving of notice of the hearing at least 10 days prior to the date thereof as follows:
(1) 
By publishing a notice in the official Village newspaper.
(2) 
By requiring the applicant for the variance to erect a white-and-black-lettering sign or signs measuring not less than two feet long and one foot wide, which shall be prominently displayed on the premises facing each public or private street on which the property abuts, giving notice that an application for an appeal is pending and the date, time and place where the public hearing will be held. The sign shall not be set back more than 10 feet from the street line and shall not be less than two nor more than six feet above the grade at the street line. The sign shall be made of durable material and shall be furnished by the ZBA. It shall be displayed for a period of not less than 10 days immediately preceding the public hearing date. No additional posting shall be required for any adjournment date. The applicant shall file an affidavit that the applicant has complied with the provisions of this section.
(3) 
If the land involved in an application is within 500 feet of the boundary of any other municipality, notice of the public hearing shall also be mailed to the municipal clerk of such other municipality.
(4) 
By requiring the applicant to mail written notice of the date, time and place of the hearing, together with a copy of the application and survey submitted to the ZBA, by certified mail, return receipt requested, to every property owner, as shown on the current Village assessment roll, of parcels abutting and directly opposite (by extension of lot lines through a street or right-of-way) of the property which is the subject of the application, proof of which shall be submitted to the ZBA on or before the commencement of the public hearing in the form of an affidavit with postal receipts annexed thereto confirming mailing of said notices at least 10 days prior to the hearing date.
The ZBA shall, upon appeal, hear and decide:
A. 
Any matter where the applicant alleges that the Building Inspector was in error in refusing to issue a building permit or certificate of occupancy for the specific use requested by the applicant therefor as a result of misinterpreting the meaning, intent or application of any section or part of this chapter.
B. 
Any matter where the appellant alleges that the Building Inspector was in error in his determination as to the exact location of a district boundary line on the map that forms a part of this chapter.
C. 
Any matter which the Building Inspector appeals on grounds of doubt as to the meaning or intent of any provision of this chapter or as to the location of a district boundary line on the map.
D. 
Any other matters properly brought before it under this chapter.
A. 
The ZBA shall have the power by way of original jurisdiction when hearing appeals directly from the Building Inspector and by way of appeal in all other cases to interpret, vary or modify the application of the provisions of this chapter.
[Amended 5-19-2008 by L.L. No. 9-2008]
B. 
Guiding principles.
(1) 
Every decision by the ZBA granting a variance shall clearly set forth the nature and extent of such variance.
(2) 
Every variance granted by the ZBA may be made subject to such conditions and safeguards as the ZBA shall deem to be applicable to the particular case. Violations of such conditions or safeguards that are a part of the ZBA's decision shall be deemed a violation of this chapter punishable under the provisions of § 245-85.
C. 
The ZBA shall have the power, upon an appeal from a decision or determination of the Building Inspector, to grant area variances. In making its determination, the ZBA shall, without compromising the objectives of the Comprehensive Plan, take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the ZBA shall also consider:
(1) 
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.
(2) 
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance.
(3) 
Whether the requested area variance is substantial.
(4) 
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
(5) 
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the ZBA but shall not necessarily preclude the granting of the area variance.
D. 
The ZBA shall have the power to grant use variances pursuant to Village Law § 7-712-b.