Interpretation. Upon appeal from any decision, determination, order or requirement by an administrative official or upon the request of any official or board of the Village, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundaries if there is uncertainty with respect thereto.

Variances. Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter, the Board shall have the power, in passing upon appeals from orders, requirements, determinations or decisions made pursuant to this chapter by the Superintendent of Buildings (or any of his assistants, inspectors or subordinates to whom he has delegated final authority to make such orders, requirements and determinations, if any, which he has been authorized by the Village Board so to delegate) or upon a direct application to the Board in any case where the Board, by rule or uniform policy, permits such application, 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 so that the spirit of the chapter shall be observed, public safety and welfare secured and substantial justice done. No variance from the strict application of any provision of this chapter shall be granted by the Board unless it finds that:

Special variances, uses, exceptions and permits. Upon appeal from any decision by an administrative official, which decision is adverse to the appellant because a special variance or permit in the discretion of the Board is required by the provisions of this chapter for the result or relief requested, to issue variances for any of the uses for which this chapter requires the obtaining of such variance from the Board or for the extension of a building or use as such lawfully existed at the time of the passage of this chapter into a contiguous more restricted district for a distance not exceeding 10 feet, but not for any other use or purpose; and to direct the issuance of a permit and to specify the terms and conditions upon which the same shall be issued in any case made subject to the consent, approval or permission of the Board by the provisions of this chapter. No such variance or permit shall be granted by the Board unless it finds that the use for which the same is sought will not, in the circumstances of the particular case and under any conditions that the Board considers to be necessary or desirable, be injurious to the neighborhood or otherwise detrimental to the public welfare. In addition, as a prerequisite to the approval of any special permit application, the following general findings shall be made:

Further conditions. In granting any variance under Subsection B above or any special variance or permit, etc., under Subsection C above, the Board may impose any conditions that it may deem necessary to accomplish the purposes of this chapter or the reasonable application of any of the standards set forth in this article. The Board may deny any application for a special variance or permit which, in its judgment, is not in accordance with such purposes or such standards. The Board may require, as a condition of the granting of any special permit, that it shall be periodically renewed or the Board may grant a temporary special permit, in either case subject to adequate guaranties that the use covered will be terminated at the end of the period specified or such extension thereof as may be granted by the Board, provided that any such renewal or extension shall be subject to the same procedure as specified herein for the original granting of the special permit involved and in conformity with the aforesaid purposes and standards; and such guaranties may include the posting of a bond in such form, so conditioned and in such reasonable penal amount as the Board may, with the advice of the Village Counsel, determine. Any use, permit or variance made subject to the consent or control of the Village Board may, nevertheless, be made subject to the imposition by the Board of the conditions hereinabove set forth, but the Village Board may, in all such cases, modify, delete, supersede or add to the conditions imposed by the Board. Nothing herein contained shall be construed to limit in any way any power or discretion given the Village Board elsewhere in this chapter.

All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board. A fee as indicated in Ch. A210, Fees, shall be paid by the applicant to the Board upon the filing of all appeals and applications. Every appeal or application shall refer to the specific provision of the chapter involved and shall set forth exactly the decision, if any, appealed from, the full circumstances or conditions involved, the interpretation that is claimed, the use for which the special permit is sought and the full details thereof, the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be, and, in every case, the ruling sought from the Board.

The Board shall hold a public hearing on every appeal and application made to it, before passing upon such appeal or application, upon public notice published in the official newspaper of the Village at least 10 days before the date of such hearing, upon notice to the Planning Board of the Village by transmitting to such Planning Board at least 10 days before such hearing a copy of said application or appeal, together with a copy of the notice of the hearing in form substantially as published or as to be published, and upon such other notice, if any, or notice to such other persons or boards, if any, as the Board may determine. In the case of an appeal to the Board to vary or modify the application of the provisions of this chapter, at least 10 days' notice of the hearing, excluding the day of mailing and including the day of the hearing, shall be sent by registered or certified mail, return receipt requested, by the appellant to the owners of record of all land, any portion of which is within 200 feet of any portion of the affected land, and a sworn and notarized certificate or affidavit of compliance with this subsection, listing the names and addresses of the persons to whom such notice was so mailed, the date of mailing and setting forth a copy of the notice mailed, shall be submitted to the Board at least 10 days prior to the hearing. The cost of giving the required notice to the owners of record of all land within 200 feet of the affected land shall be paid by the applicant. The cost of preparing and having published the notice of hearing in the official newspaper of the Village shall be paid by the Village.

At such public hearing, any official or board of the Village shall be given the opportunity to present views orally, and the Board shall read aloud into the record any written views submitted by any such officials or board.

The Board may render its decision at, or any time within 30 days after, the conclusion of the public hearing. Every decision of the Board shall be by resolution, each of which shall contain a full record of the findings of the Board, with the vote of each member recorded by name. Within seven days after each decision is rendered, each such resolution, together with all documents pertaining thereto, shall be filed in the office of the Village Clerk, by case number under one or another of the following headings: "Interpretations," "Variances," "Special Permits" or such other headings as the Board may determine to use in any category of case not classifiable under any of the foregoing headings. Such resolution shall also be set out in the minutes of the meeting of the Board at which the same was adopted. The Board shall notify the Village Board and the Planning Board of each action or decision under the provisions of this chapter, and shall provide a copy of the resolution for the appellant or applicant.

The attendance of three members of the Board shall constitute a quorum for any and all purposes. The concurring vote of three members of the Board shall be necessary to decide in favor of the appellant or applicant on any matter over which said Board has jurisdiction under the provisions of this chapter, whether or not the applicant or appellant is a Village official or board.

No alleged statements, promises, agreements or decisions shall be given any consideration unless introduced into the record of such public hearing. The obligation of introducing any such statements, promises, agreements or decisions theretofore made shall be upon the applicant or appellant, and failure to introduce the same at such public hearing shall constitute a waiver thereof. All prior discussions between the Board and any member thereof and the applicant or appellant shall be deemed to have been held for the purpose of rendering informal assistance to such applicant or appellant, and for no other purpose.

Whenever any person shall have proceeded without the permission of the Board to do anything which, according to the terms of this chapter, requires such permission in any form, the Board may, nevertheless, grant or deny such permission, in whole or in part, as if such thing had not already been done or commenced; and, in the case of a denial by the Board of any such permission, the Board shall make such order as it may deem appropriate requiring the modification or removal of any structure or the undoing of any thing constructed or done without such permission, and such order shall be enforced by the Superintendent of Buildings, and any violation of any such order and any failure to comply therewith within any reasonable time for compliance therein set forth shall constitute a violation of this chapter. If the Board finds as a fact that the thing done without the requisite permission was done in good faith and in an honest belief that the person doing the same was entitled to do the same, the Board shall set forth such finding in its decision; in any such case where the permission is nevertheless denied and an order issued requiring the modification or removal of any structure or the undoing of any thing, the Board shall require only the minimum modification, removal or undoing which the Board deems necessary to effectuate the purposes of this chapter and shall state in its decision that the requirements in its order contained are such minimum. Where the Board does not find such fact, it may require such modification, removal or undoing as it deems appropriate under all the circumstances to effectuate the purposes of this chapter and the policies of the Board not inconsistent therewith.

The Board shall cause minutes to be kept of all its official meetings and public hearings, such minutes to be placed in a separate minute book maintained in the office of the Village Clerk, but no minutes need be kept of any informal meeting with an applicant or appellant prior to the public hearing upon his or its application or appeal. Any decision or determination of the Board shall be made only at an official meeting. Minutes of a meeting shall contain the substance of such discussions or deliberations as the Board or any member thereof may determine, but shall contain the complete findings of fact, conclusions, decisions and determinations made or reached, the names of the members of the Board present and each vote of each member of the Board; and minutes of a public hearing shall contain a transcript of the hearing, the names and addresses of the representative of the applicant or appellant and of any Village official or board, and the name and address of each person who speaks at the hearing, provided that when any document is annexed to the minutes or permanently filed with any officer or board of the Village or with the Board, and such document is read in whole or in part at such hearing or meeting, it shall be sufficient to identify such document and incorporate the same by reference and indicate the portion or portions thereof so read. A certified copy of any such minutes or of any portion thereof shall be supplied by the Village Clerk within 15 days after request to any person upon payment to the Village Clerk, at the time of such request, of a fee of $0.20 for each 100 words or major fraction thereof but not less than $1 per copy.

Whenever the Board shall desire the attendance of the Superintendent of Buildings or of any officer of the Building Department at a public hearing, the Board shall cause a copy of the notice thereof as published or as to be published to be sent or delivered to such Superintendent or other officer personally or by registered or certified mail at least 10 days in advance of the date of such hearing, and such Superintendent or other officer shall thereupon either attend such hearing or advise the Board at the earliest date and time possible under the circumstances of his inability to attend and of the reasons therefor.

Subpoenas requiring the attendance of any witness before the Board and subpoenas duces tecum requiring the production before the Board of any books, records, documents or other tangible objects, may be issued by and in the name of the Chairman or Acting Chairman of the Board, upon their own motion, upon the request of any applicant or appellant, upon the request of any member of the Board or upon the request of any official or board of the Village. All such subpoenas and subpoenas duces tecum shall be in form substantially similar to those used in the Supreme Court of the State of New York, and service thereof shall be made in the same manner and shall be accompanied by tender of the same witness fees and mileage fees as are applicable in the Supreme Court of the State of New York.

Every exercise of any discretion conferred by this chapter shall be guided by the principles and purposes of zoning as provided in the law of the State of New York, by the principles of due process and equal protection of the law, by the basic concepts of nondiscriminatory treatment of persons similarly situated and fairness, both to the individual and the residents of the Village as a whole, and by the purposes of this chapter.

Except as otherwise expressly provided, every exercise of any discretion conferred by this chapter shall be based upon consideration of the following standards: