The existing duly constituted and organized Board of Appeals consisting of five members shall continue as heretofore established. The method of appointment, terms of office, and tenure of its members shall be as prescribed by law.

There shall be appointed at least one but no more than two alternate members of the Board of Appeals who shall participate at each meeting of the Board of Appeals but who shall vote on applications only if fewer than five members of the Board of Appeals appear. The method of appointment, terms of office and tenure of the alternate appointees shall be in the same form as that of the appointees provided for under Subsection A(1) above.

By publishing a notice in the official newspaper.

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 by the applicant to the Municipal Clerk of each municipality, via certified mail, return receipt requested, and proof of such mailing, including the mailing receipts, shall be filed by the applicant with the Village Clerk in advance of the public hearing thereon.

The applicant shall prepare and shall provide notice via certified mail, return receipt requested, to each property within a two-hundred-foot radius of the subject property in accordance with the radius map submitted by the applicant and shall provide proof of such mailing including the mailing receipts to the Village Clerk in advance of the public hearing thereon.

The cost of sending or publishing any notices relating to such appeal or reasonable fees relating thereto shall be borne by the appealing party and shall be paid to the Board prior to the hearing of such appeal. Such costs and fees shall be deemed out-of-pocket expenses for the purposes of Subsection H of this section.

The boundary of any other municipality.

Any existing or proposed state or county park or other recreation area.

The right-of-way of any existing or proposed federal, state, or county parkway, thruway, expressway or other controlled or full access highway.

The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines.

The existing or proposed boundary of any state- or county-owned land on which a public building or institution is situated.

Such practical difficulties or unnecessary hardships are not self-imposed.

Such variance is the minimum variance needed to relieve such practical difficulties or unnecessary hardships.

Such variance is in the spirit of the declaration of purpose of this chapter as set forth in § 160-2.

Every decision by the Board of Appeals granting a variance shall clearly set forth the nature and extent of such variance.

Every variance granted by the Board of Appeals may be made subject to such conditions and safeguards as the Board shall deem to be applicable to the particular case. Violations of such conditions or safeguards that are a part of the Board's decision shall be deemed a violation of this chapter punishable under the provisions of § 160-54.

Any variance granted by the Board of Appeals pursuant to the provisions of this section shall be construed to be a nonconforming use.

To grant a permit, in appropriate cases where the lot of the appellant as such lot existed on the effective date of this chapter lies across the boundary of two districts, for the extension into the more restrictive district, but for a distance not exceeding 30 feet measured at right angles to such district boundary line.

To grant a permit for the extension of such a nonconforming use on the same lot on which it was located or an increase in the degree of nonconformity of a nonconforming building or structure on the lot occupied by such building or structure, provided that:

To grant a permit for the reconstruction, structural alteration, restoration or repair of a building or structure used for a nonconforming use, to an extent not to exceed an aggregate 100% of the gross floor area of such building or structure.

To grant a certificate of occupancy for a change in a nonconforming use, provided that:

To grant a variance modifying the yard requirements of a nonconforming lot which qualified under the terms of § 160-39C(4) as to ownership, but where compliance with the dimensional provisions of this chapter is not feasible.

To grant a variance, in appropriate cases, for a higher fence or wall than the maximum heights stipulated in § 160-37.

To waive, in whole or in part, the requirements of § 160-36C and D for off-street parking and/or truck loading spaces after making a finding that a normal application of such requirements is infeasible because:

To permit a reduction in the number of off-street parking spaces and/or truck loading spaces originally required and installed for a particular use pursuant to § 160-36C and D, in cases where the Board of Appeals determines that, by reason of diminution in number of dwelling units or residents or in floor area, seating capacity or area or number of employees or change in other factors determining the demand for such spaces, the proposed reduction in available spaces will be consistent with the requirements of said sections, and further provided that the area so withdrawn from these uses shall remain in reserve for potential future increases in need.

To grant a variance for such use or uses compatible with an intent to preserve, protect, restore or promote the historic and cultural integrity of a landmark which is being adversely affected by a new development, alteration or replacement and such relief from parking and other requirements of this chapter as are appropriate, provided that the Board of Appeals determines that:

The application shall be referred to the Planning Board for its site plan review recommendations prior to the public hearing on such application.

Such variance may be made subject to such conditions and safeguards as the Board of Appeals shall deem necessary or advisable, including requiring a written agreement by the applicant to remove such use or uses or to convert the same to a conforming use upon the termination of the use of the actual historic landmark itself, its removal from the property or its destruction by natural or other means.