Legislative findings. The Board of Trustees finds that it is in the best interests of the Village residents to create not more than five positions of alternate member of the Board of Appeals to sit on applications and other matters for such members as are unable to participate because of a conflict of interest or because of an inability to attend a meeting, in order to help assure that a quorum is readily available to hear applications and other matters in a timely manner. Since Subparagraphs a and b of Paragraph 11 of § 7-712 of the Village Law solely provide for the establishment of such positions when members are unable to participate because of a conflict of interest, the Board of Trustees seeks to both implement the provisions of said section and simultaneously to supersede the limitations of said section, to the extent necessary, if at all, to provide that such alternate members may also act when members are unwilling, unavailable or, for any other reason, do not attend a meeting or participate on an application.

Appointment and term. The Mayor is hereby authorized to appoint, subject to the approval of the Board of Trustees, not more than five alternate members to the Board of Appeals. Each such appointee shall serve from the date of such appointment until the conclusion of the official year of the Village in which such appointment is made.

Designation and powers. The Chairperson of the Board of Appeals may designate an alternate member to substitute for a member when such member is unable to participate because of a conflict of interest on an application or other matter before the Board of Appeals, or when a member is unwilling, unavailable or, for any other reason, does not attend a meeting or participate on an application. When so designated, the alternate member shall possess all the powers and responsibilities of such member. When so designated, such designation shall be entered into the minutes of the initial Board of Appeals meeting at which the substitution is made.

Limit of number of alternate members' participation. Under no circumstances shall more than two alternate members participate at any one time on any application.

Determine and vary the application of this chapter.

Authorize the issuance of permits in harmony with its general purpose and intent as hereinafter provided.

Authorize the issuance of temporary permits, for a period not to exceed two years, for structures, buildings and uses in undeveloped sections of the Village, as determined by the Board, in contravention of the requirements of this chapter.

(Reserved)[1]

Subject to the provisions of § 575-149D and E, permit a use authorized on a portion of a lot in a lower restricted district to extend for a distance of not more than 25 feet beyond the boundary line of the higher restricted district in a case where a use district boundary line divides a lot in a single ownership at the effective date of this chapter. For purposes of the application of the provisions of § 575-149 to this section, the limits of that portion of the area of the lot into which the Board of Appeals permits the intrusion of uses prohibited in the higher restricted district shall be treated as if they represent rear or side lot lines, as the case may be.

Determine whether or not any trade, industry, purpose or use otherwise permitted by this chapter would violate § 575-148 and, if so, to prohibit such trade, industry or use.

Vary the application of the provisions of this chapter and establish appropriate requirements for irregular lots or lots less than the required area in any district existing at the effective date of this chapter.

Vary the application of the provisions of this chapter, and modify the requirements thereof in cases of exceptional topography under such conditions as will safeguard the neighborhood.

Vary any provision of this chapter in case of practical difficulty or unnecessary hardship, provided that public health, safety and general welfare are secured.

Hear and decide appeals from and review any order or decision made by the Building Inspector as to the application or enforcement of the provisions of this chapter.

The purpose of zoning as set forth in the Village Law of the State of New York and uses permitted in the district in which the property is located.

Whether the proposed use is of such character, size, location, design and site layout as to be appropriate to and in harmony with the surrounding properties.

Whether the proposed use will provide a desirable service, facility or convenience to the area or otherwise contribute to the proper growth and development of the community and to its general welfare.

Whether the proposed use will be hazardous, conflicting or incongruous to the immediate neighborhood by reason of excessive traffic, assembly of persons or vehicles, proximity to travel routes or congregations of children or pedestrians.

Whether the proposed use will be of such nature as to be objectionable to nearby residential dwellings by reason of noise, lights, vibration or other factors of impact.

Whether the proposed use will be a harmonious use in the district in which it is to be situated and not hinder or discourage the appropriate use and development of adjacent uses or impair the value thereof.

In addition to the foregoing, the location and size of a proposed use in a business or waterfront development district, the nature and intensity of the operations proposed and the site layout and its relation to access streets shall be considered by the Board having jurisdiction of the application to determine whether the vehicular traffic resulting from such use will be more hazardous than the normal traffic of the district, taking into account such factors as street intersection, traffic flow, sight distances and pedestrian traffic.

With respect to places of public assembly, including but not limited to theaters, restaurants, schools, churches, assembly halls, etc., the Board shall ensure that there are adequate on-premises parking facilities to handle the maximum projected attendance.

The conversion of any existing office to a medical/professional office shall require a special permit in accordance with the provisions of this section.

Before an application for a variance or a conditional, special or other use permit may be heard by the Board of Appeals or the Board of Trustees, a complete and accurate list of the names and addresses of the owners of all the lands within a radius of 200 feet of the property affected by such application shall be submitted simultaneously with the application.

The applicant shall send, by certified mail, to each owner shown on said list, and to each tenant of the property affected by such application, not less than 10 nor more than 20 days before the date set for a hearing upon this application, a notice addressed to such owners generally, and to the tenants of the property affected by such application individually, signed by the applicant, identifying the property affected thereby and setting forth the use requested and the date, hour and place fixed, by the Board applied to, for the hearing thereon.

Before such case may be heard by the Board applied to, the applicant must file with the Clerk of the Board, not later than five days prior to the hearing date, an affidavit of the mailing of such notices as herein provided. Said affidavit shall be made on forms to be provided by the Village.

This provision shall likewise apply to any application for the extension of a temporary conditional, special or other use permit.

Every variance granted by the Board of Appeals pursuant to the provisions of this chapter shall become null, void and of no further force and effect, unless, within six months after the decision granting said variance or use permit is filed in the office of the Clerk of the Village:

The Board of Appeals may, for good cause shown, extend the time within which such substantial construction, alteration or commencement of use must take place, upon written application to it for such extension. In no event, however, shall the Board grant more than three such extensions, each such extension for a period of no more than six months, so that the total of such extensions shall not extend beyond two years from the date that the decision granting said variance or use permit was filed with the office of the Clerk of the Village. In determining whether good cause exists for such extension, the Board shall consider, among other things, the nature and extent of the construction and the practical difficulties tending to delay construction or institution of the use. The fee for such application shall be as prescribed from time to time by the Board of Trustees.