Pursuant to the provisions of the Village Law, a Zoning Board of Appeals is hereby created. Said Board shall consist of five members, who shall be appointed by the Village Board in such manner and for five-year terms as provided by the Village Law and any amendments thereto, and shall have all the powers and perform all the duties prescribed by statute and by this chapter.

For the purpose of initiating a Zoning Board of Appeals under this chapter, the normal continuance of the Zoning Board of Appeals is established. The Zoning Board of Appeals shall hear and decide appeals where it is alleged that there is an error or misinterpretation in any order, requirement, decision or determination by an administrative official charged with the enforcement of the provisions of this chapter. The Zoning Board of Appeals may reverse, modify, affirm, in whole or in part, any such appealed order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as, in its opinion, ought to be made in strictly applying and interpreting the provisions of this chapter, and for such purposes shall have all the powers of the officer from whom the appeal is taken.

In addition, pursuant to the provisions of the Village Law and Municipal Home Rule Law, the Mayor, subject to the approval of the Village Board of Trustees, may appoint up to two alternate Zoning Board of Appeals members, for purposes of substituting for a member in the event such member is unable to participate because of a conflict of interest, illness, absence, or is otherwise unable to serve.

Upon the appointment of each alternate member, each alternate member shall serve an initial term, which shall expire at the end of the official year (to wit: March 31) next following such appointment, at which time such initial term shall expire. Thereafter, such alternate members, or any replacement for such alternate members, shall serve a term of two years, beginning on the first day of April following the expiration of the prior term and expiring on the last day of March two years thereafter. Upon the appointment of a second alternate member, said second alternate member shall serve an initial term to expire one year following the expiration of the then-current term of the first alternate member, and thereafter, such second alternate member, or any replacement for such second alternate member, shall serve a term of two years, beginning on the first day of April following the expiration of the prior term and expiring on the last day of March two years thereafter. It being the intention that, upon the appointment of two alternate members, the terms of the two alternate members shall expire on March 31, at the end of the official year, in alternating years.

If a vacancy shall occur for reasons other than the expiration of a term, such vacancy shall be filled by appointment of the Mayor for the unexpired term, subject to the approval of the Village Board of Trustees. If a term shall expire or if a vacancy shall otherwise occur and an appointment to fill such vacancy has not been made within 30 days thereafter, said position shall cease, subject to future appointment pursuant to this section. If two alternate members have been appointed and if the position of the first alternate member shall cease as set forth above, the then-serving second alternate member shall be deemed the first alternate member for purposes of determining the term of a subsequently appointed alternate member pursuant to this section.

The Chairperson of the Zoning Board of Appeals shall designate an alternate member to substitute for a member in the consideration of any pending matter when such member is unable to participate as set forth herein, and such designation shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitution is made. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board until such matter is concluded. Alternate members of the Zoning Board of Appeals may attend all meetings of the Zoning Board of Appeals, but they shall have no power to participate in any actions of the Zoning Board of Appeals except as so designated by the chairperson. All provisions of the Village Law relating to Zoning Board of Appeals member training, continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other boards shall also apply to alternate members.