North Collins Village
City Zoning Code
City Zoning Code
ARTICLE VIII
Board of Appeals
§ 181-51 Establishment.
A Board of Appeals is hereby established in accordance with provisions of the Village Law applicable thereto.
§ 181-52 Membership.
The Board of Appeals shall consist of five members appointed by the Village Board, each to serve for a term of five years, except that, of the members first appointed, one shall hold office for a term of one year, one for a term of two years, one for a term of three years and one for a term of four years. The Chairman shall be designated by the Village Board.
§ 181-53 Procedures and proceedings.
Such Board of Appeals shall, consistent with the Village Law and this chapter, determine its own rules and procedure, and all its deliberations, resolutions and orders shall be in accordance therewith; provided, however, that all hearings shall be public and that the Board shall keep complete minutes of its proceedings, showing its findings and reasons for its decisions, and said minutes shall be a public record.
§ 181-54 Review of decisions.
The Board of Appeals shall have the power to review any order or decision of the Building Inspector in case of alleged error or misinterpretation of the provisions of this chapter.
§ 181-55 Variances.
The Board of Appeals may, in accordance with law and the provisions of this chapter and subject to appropriate conditions and safeguards, determine and vary the application of the regulations of this chapter in harmony with their general purposes and intent in the following cases:
A.
Wherever it is provided in this chapter that the approval of the Board of Appeals is required.
B.
Where temporary and conditional permits, for not more than two years, for structures and uses in contravention of the requirements of this chapter are requested in undeveloped sections of the Village, provided that such uses are important to the development of such undeveloped sections, and also provided that such uses are not prejudicial to adjoining and neighboring sections already developed.
C.
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter; provided, however, that the hardship suffered must be unique, applying to the premises in question but not applying generally to other premises in the same district. It must not be self-created by any person having an interest in the property, or the result of mere disregard for or ignorance of the provisions of this chapter. Any relief granted shall be only that reasonably required to effect substantial justice, shall not be arbitrary or discriminatory and shall be granted with due consideration for its effect on the ultimate development of the district, in accordance with the Zoning Map.