In addition to the jurisdiction of the Board of Appeals in appeals pursuant to the Village Law, the Board of Appeals may, in appropriate cases, subject to appropriate conditions and safeguards, determine and vary the application of the regulations herein established in harmony with the general purpose and intent and in accordance with general or specific rules therein contained. Any variation of the regulations applicable to a use requiring a special permit from the Planning Commission shall require a finding of unnecessary hardship.

A nonrefundable fee, in an amount as determined by the Village Board from time to time by resolution, shall be required with each filing of an application for a variance; the fee may vary by type of use or zoning district (see fee schedule[1]). Such variance request should be submitted with the completed form for an application for a zoning variance; the form can be obtained at the Village Hall. This fee is used for revenue purposes and to offset administrative costs. In addition, the applicant is liable for any costs the Village may incur to obtain expert legal or engineering advice to assist the Board of Appeals in making a determination.

Publication. Notice of hearings relative to applications for variances will adhere to the guidance prescribed in § 20 of the Municipal Home Rule Law.