The Board of Trustees of the Incorporated Village of Freeport finds it necessary to supersede § 7-712 of the Village Law, which permits the appointment of alternate members to the Board of Appeals in cases where a member has a conflict of interest. This Board finds it necessary to provide for the appointment of alternate members to such Board, not only in cases of a conflict of interest, but in situations where a member is absent. We find it to be in the best interest of the Incorporated Village of Freeport and its residents to have the full benefit of a five-member Board of Appeals in all cases where practical.

The Mayor, subject to the approval of the Board of Trustees, may appoint two alternate members to the Board of Appeals for purposes of substituting for a member in the event such member is unable to participate because of a conflict of interest or in the event of an absence of a member.

The term of the first two appointed members shall be until the next organization meeting of the Board of Trustees. Subsequently they shall be appointed for annual terms expiring with the annual organization meeting of the Board of Trustees.

The Chairperson of the Board of Appeals may designate a duly authorized alternate member to substitute for a member when such member is unable to participate due to a conflict of interest or absence of a member on any matters before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Board of Appeals meeting at which the substitution is made.

Garage space. Permit the enclosed garage space required of buildings in a Residence Apartment District to be constructed separately on the same lot instead of as an integral part of the building.

Business B Districts: motors, employees. Permit the use of single motors of more than two horsepower or, in the aggregate, of more than eight horsepower and permit more than 10 persons to be employed in processing or manufacturing in a Business B District.

Business A Districts: motors, employees. Permit the use of single motors of more than one horsepower or, in the aggregate, of more than four horsepower and permit more than five persons to be employed in processing or manufacturing in a Business A District.

Single-family dwellings. Permit the construction of a single-family dwelling on a lot separately owned at the time of the adoption of this chapter containing less than 75% of the area or frontage required by this chapter, or of both area and frontage; provided that the granting of such permit will authorize an appropriate improvement of a plot which could not otherwise be appropriately improved.

Use of internal-combustion engines. Permit the use of power generated by internal-combustion engines in manufacturing and industrial districts.

Extensions of buildings, uses. Permit the extension of a building or use into a more highly restricted district immediately adjacent thereto, but no more than 50 feet beyond the boundary line of the district in which such building or use is authorized; provided that the light and air of the more restricted district will not thereby be impaired.

Encroachments. Permit a proposed building to encroach upon the front yard setback requirement whenever the proposed building adjoins on either side of a building which is not in conformity with the minimum setback line. Such encroachment shall be limited to that of the building which has the greatest encroachment on the front yard setback.

Yard, lot modifications. Permit such modifications of yard or of lot areas or lot widths as may be essential to bring about appropriate improvements of property where a parcel of land was separately owned at the time of the adoption of this chapter and its area is such that it cannot be appropriately improved without such modifications.

Rear yard setback reduction. Permit on a corner lot in a Residence AA or Residence A District a reduction of the rear yard setback requirement to not less than 15 feet.

Use in Business A District. Permit in a Business A District a use found to be similar in general character to a use specifically authorized therein.

Parking locations. Permit the parking spaces provided for by this chapter for nonresidential use to be located elsewhere than as required, provided that such other location is no more than 500 feet distant from the location as set forth in the chapter.

Waiver of parking requirements. Dispense with the requirement to provide the parking spaces:

Open-air parking. Permit the operation of open-air parking lots for more than five motor vehicles or motorless trailers in Business B Manufacturing and Industrial Districts.

Parking lots. Parking permits for the establishment or maintenance of a parking lot subject to the following conditions and limitations:

Enclosures. Permit the construction of a stone, concrete, masonry or brick enclosure or wall in Residence AA, Residence A or Residence Apartment Districts.

Floodplain management requirements. In those cases where an applicant for a building permit to replace or build a building or structure or part thereof situated in a designated floodplain area is denied the same upon the grounds of the applicant's inability to meet the literal floodplain management requirements contained in Chapter 87, Flood Damage Prevention, of the Code of the laws, rules and regulations of the Federal Emergency Management Agency (FEMA), the Board of Appeals, upon appeal by the applicant, shall have the right to review said denial and to grant relief from compliance with the literal application of said requirements, provided that the construction plans submitted by the applicant with the permit application are in substantial compliance therewith. Nothing in this section shall be construed to abrogate or repeal the laws, rules and regulations applicable to nonconforming uses, buildings or structures under this chapter.

Will not substantially depreciate the value of other properties.

Will not appreciably alter the essential character of the neighborhood.

Will not, because of noise, noxious odors or other undesirable attributes, create a nuisance.

Will secure public safety and welfare and assure substantial justice.

Will not create or tend to create a fire hazard or endanger the structure or premises wherein or whereon such use is sought.

Will fully comply with §§ 87-20 and 87-21 of Chapter 87, Flood Damage Prevention, of this Code.

Minutes. The Clerk of the Board 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.

Records. Every rule, regulation and every finding, order, grant or variance or permit and every other determination or decision by the Board shall immediately be filed in the office of the Board and with the Village Clerk and shall be a public record.