[Amended 11-12-1996 by L.L. No. 2-1996]
A. 
A Board of Appeals is hereby created which shall consist of five members and two alternate members, all appointed by the Town Board. The Town Board shall designate the Chairman, and the Board of Appeals shall appoint a Secretary and shall prescribe rules for the conduct of its affairs.
B. 
In appointing the two alternate members, the Town Board shall designate one as the first alternate and one as the second alternate. Both alternate members shall serve for a term expiring at the end of the official year following the official year in which they are appointed, and their successors shall be appointed for a term of one year from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board for the unexpired term. The Town Board shall have the power to remove any alternate member of the Board of Appeals for cause and after a public hearing.
[Added 11-12-1996 by L.L. No. 2-1996]
A. 
The normal voting members of the Board of Appeals shall be the five regular members. If any regular member is absent from a Board of Appeals meeting, or a vacancy exists, or a member is disqualified or disqualifies himself/herself from voting on a matter under consideration by the Board of Appeals, the first alternate member may participate in the deliberations and action of the Board of Appeals on such matter and shall have all the powers and duties of a duly appointed member of the Board of Appeals for the matter under consideration.
B. 
Whenever two or more regular members of the Board of Appeals, or one regular member plus the first alternate member thereof, are absent from a Board of Appeals meeting, or more than one vacancy exists, or are disqualified or disqualify themselves from voting on a matter under consideration by the Board of Appeals, the second alternate member may participate in the deliberations and action of the Board of Appeals on such matter and shall have all the powers and duties of a duly appointed member of the Board of Appeals for the matter under consideration.
[Amended 12-12-1983 by L.L. No. 3-1983; 5-13-1996 by L.L. No. 1-1996]
The Board of Appeals shall have the powers and duties prescribed by statute and by this chapter and as follows:
A. 
Orders, requirements, decisions, interpretations and determinations. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the Code Enforcement Officer or his designee and to that end shall have all the powers of the Code Enforcement Officer or his designee from whose order, requirement, decision, interpretation or determination the appeal is taken.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AREA VARIANCE
The authorization by the Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
USE VARIANCE
The authorization by the Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
C. 
Area variances.
(1) 
The Board of Appeals shall have the power, upon an appeal from a decision or determination of the Code Enforcement Officer or his designee, to grant area variances as defined herein.
(2) 
In making its determination, the Board of Appeals shall 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 determinations, the Board shall also consider:
(a) 
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.
(b) 
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance.
(c) 
Whether the requested area variance is substantial.
(d) 
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
(e) 
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the area variance.
(3) 
The Board of Appeals, if it grants an area variance, shall grant the minimum variance that it shall deem necessary and adequate and, at the same time, preserve and protect the character of the neighborhood, the health, safety and welfare of the community and uphold the spirit of this chapter.
D. 
Use variances.
(1) 
The Board of Appeals, on appeal from the decision or determination of the Code Enforcement Officer or his designee, shall have the power to grant use variances as defined herein.
(2) 
No such use variance shall be granted without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located the following:
(a) 
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
(b) 
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
(c) 
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
(d) 
The alleged hardship has not been self-created.
(3) 
The Board of Appeals, if it grants a use variance, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant and, at the same time, preserve and protect the character of the neighborhood and the health, safety and welfare of the community and uphold the spirit of this chapter.
E. 
Imposition of conditions. The Board of Appeals shall, in the granting of both use and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
A. 
The Board of Appeals shall determine its own rules of procedure, consistent with the Town Law and this chapter, and all its deliberations, resolutions and orders shall be in accordance therewith.
B. 
The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give due and public notice thereof by publication of a notice of such hearing in the official newspaper of the Town at least five days prior to the date thereof and shall, at least five days before such hearing, mail notices thereof to the parties affected by such appeal and shall decide the same within 62 days after the final hearing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Meetings of the Board of Appeals shall be open to the public, and the Board shall keep complete minutes of its proceedings. Such minutes shall show the findings and reasons for the decisions of the Board, shall be immediately filed in the office of the Town Clerk and shall be a public record.