When a district boundary line divides a lot held in a single or separate ownership at the time of the adoption of this chapter, and the major portion of said lot is in the less restricted district, permit, under such circumstances as will safeguard the character of the more restricted district, a use authorized on either portion of the lot to extend to the entire lot, but not more than 25 feet beyond the boundary line of the district in which such use is authorized.

Permit the extension of a nonconforming use or building upon the lot occupied by such use or building at the time of the adoption of this chapter, provided that the extension to any nonconforming building does not increase the degree of nonconformity.

In undeveloped sections of the Village, authorize the issuance of temporary and conditional permits to contractors or builders under such conditions as the Board of Appeals shall prescribe for not more than one year for structures, signs and uses in contravention of the use of regulations controlling residence districts, including signs, temporary offices and structures on a plot or tract in course of development, provided that such uses are important to the development of such undeveloped plot or tract and, also, provided that such uses are not prejudicial to the adjoining and neighboring plots or tracts already developed. Such structures and signs shall in any event be removed, and such uses shall be discontinued within 30 days after completion of the work on the plot or tract. In authorizing a permit for any such structure, sign or use, said Board of Appeals shall fix the location and size thereof and shall limit the purpose and period of time for which the same shall be erected or continued.

Authorize the issuance of a permit wherever it is provided in this chapter that the authorization of such permit by the Board of Appeals is required.

Permit a proposed building to encroach on the front yard setback requirement, in case where the proposed building will adjoin, on either or both sides, a building which does not conform to the minimum setback line. Such encroachment shall not extend into the front yard more than the building that has the greatest encroachment on such front yard setback.

Permit a modification of the provisions of §§ 216-16 and 216-28 as follows:

Permit in B-4, BB and B Residence Districts the modification of front, rear and side yard restrictions with respect to any building in existence at the time of the enactment of this amendment to the chapter.

Permit in B-4, BB and B Residence Districts the encroachment of buildings and structures into the front, rear and side yards as follows:

Permit a modification of the minimum lot street frontage requirement in any district as follows:

Permit a modification of the regulations herein established in the case of irregular lots or lots of less than the required area in any district, which so existed at the effective date of this chapter, provided, in the case of lots less than the required area, that the lot was in a single and separate ownership from that of any adjoining land at the time of the effective date of this chapter and, further, provided that any such lot did not come into a common ownership with adjoining land any time thereafter.

Permit the modification of the regulations herein established, in case of exceptional topography.

Permit the modification of side and rear yard restrictions in A Residence Districts.

Permit the modification of height regulations in any district to permit church spires, belfries, towers designed exclusively for ornamental purposes, flagstaffs, chimneys, flues and parapet walls extending not more than three feet above the height permitted by the regulation.

Permit a public utility building or structure in any district, provided that the particular use in the particular location is necessary and convenient for the efficient operation of the public utility system of which the particular use is a part or for the satisfactory and convenient provision of service by the utility to the neighborhood in which the particular use is located, subject to such safeguards as the Board of Appeals shall deem necessary or desirable to preserve the character of the neighborhood.

(Reserved)[1]

Permit a modification of these regulations as to the height of fences and outdoor fireplaces and accessory buildings not extending more than five feet above the height permitted by these regulations.

Permit a modification as to the location of wells.

Permit a modification of the lot area requirement to include, in the lot area, area lying within or on the opposite side of a right-of-way running through or along any side or part of such lot and areas where the width of the lot is less than the specified distance. (See Article II, § 216-4, definition of Lot Area; Residence District.)

Will not create a hazard to health, safety, morals or general welfare.

Will not be detrimental to the neighborhood or to the residents thereof.

Will not alter the essential character of the neighborhood.

Will not otherwise be detrimental to public convenience and welfare.

Accessibility to the premises for fire and police protection.

Access of light and air to the premises and of adjoining properties.

Traffic problems, transportation requirements and facilities.

Hazards from fire, the size, type and kind of buildings and structures in the vicinity where the public is apt to gather in numbers, such as theaters, churches, hospitals, mortuaries, schools and the like.

The Bureau of Fire Prevention, if any, as to fire hazard, if any.

The Chief of Police as to the traffic hazard, if any.

The administrative official as to the type and design of the proposed building and structure.

Regular meetings designated as public hearings of the Board of Appeals shall be held on the second Monday of each month at 8:00 p.m. in the Village Hall, unless any such Monday falls on a holiday, in which event such meeting shall be on the following day. Additional meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board of Appeals may determine.

Meetings shall be devoted to hearings of applications to the Board of Appeals for permits, as provided for in this chapter, and to hearings of appeals from orders, requirements, decisions and determinations of the Building Inspector.

All meetings of the Board of Appeals shall be open to the public.

A quorum of the Board of Appeals shall consist of three members.

The Chairman shall preside at all meetings and, subject to these rules, shall decide all points of order or procedure, unless otherwise directed by a majority of the Board of Appeals in session at that time. The Chairman shall report to the Board of Appeals on all pertinent official transactions that do not otherwise come to the attention of the Board of Appeals. Should the Chairman be absent at any meeting, then the Board of Appeals shall designate a Chairman to act at such meeting.

At a public hearing of a matter before the Board of Appeals, the applicant or appellant, as the case may be, shall first present his argument in support of the case, and those of the opposition shall follow. To maintain orderly procedure, each shall proceed without interruption by the other.

Every person before the rostrum shall abide by the order and direction of the Chairman. Discourteous or disorderly conduct shall be regarded as a breach of his privileges and shall be dealt with as the Chairman deems proper.

On all applications and appeals, the owner of the property affected shall appear before the Board of Appeals in person or by his duly authorized agent or attorney. In case an owner fails to appear in person or by his duly authorized agent or attorney as aforesaid, the Board of Appeals may dismiss his application or appeal.

Every application for a permit, except an application for the renewal of a temporary permit, and every appeal to the Board of Appeals shall be made on the forms provided in duplicate, the original of which shall be verified before a notary public and shall include the data required by such forms and shall be accompanied by the necessary diagrams, consents, if any, and other supporting matter, including plans and specifications, if required by the Board of Appeals, so as to supply all information necessary for a clear understanding by the Board of Appeals.

Applications for renewals of temporary permits shall be made to the Board of Appeals in writing and shall be signed by the owner or his duly authorized agent.

Every application and appeal to the Board of Appeals shall be executed by the owner of the premises affected by such appeal or application or by his duly authorized agent on his behalf.

Every appeal to the Board of Appeals must be taken and filed with the Village Clerk within 30 days from the date of the order, requirement, decision or determination of the Building Official appealed from. Every appeal and every application shall have been on file in the office of the Village Clerk not less than 21 days before it shall be heard by the Board of Appeals.

The final decision or determination by the Board of Appeals of any application or appeal shall be either an order in writing signed by a majority of the members of the Board of Appeals or by a resolution entered in the minutes of the Board of Appeals and an order made pursuant thereto entered and filed in the office of the Village Clerk. Such final decision shall either affirm, reverse or modify, in whole or in part, the order, requirement, decision or determination appealed from or dismiss the appeal for lack of jurisdiction or prosecution or grant or deny, in whole or in part, the application for a permit. In denying or dismissing any application or appeal, in whole or in part, the reason therefor shall be indicated. The Board of Appeals, in reversing or modifying any order, requirement, decision or determination appealed from or in granting any application, may impose such terms and conditions as in its discretion and judgment it deems proper and necessary. The concurring vote of a majority of the Board of Appeals present shall be necessary to any decision or determination. If there is less than such a majority vote in favor of an application or appeal, such action shall constitute a denial thereof.

Any applicant or appeallant may withdraw his application or appeal to the Board of Appeals at any time prior to action thereon with the consent of the Board of Appeals.

No application or appeal dismissed or denied, in whole or in part, may be considered again, except on a request by the applicant or appellant to restore the case to the calendar. No request to grant a rehearing shall be entertained by the Board of Appeals unless substantial new evidence is submitted to it. If, on motion of a member of the Board of Appeals, adopted by the affirmative vote of a majority of the Board of Appeals present, the request is granted, the case shall be put on the calendar for rehearing. In every case the request for rehearing shall be, in writing, executed in duplicate by the applicant or appellant, reciting the reasons for the request and shall be accompanied by the necessary data and diagrams, and such request shall be filed with the Clerk. A date will then be set for the hearing of such request at least 14 days after the filing of the same with the Clerk when the request for restoration to the calendar shall be submitted to the Board of Appeals. The applicant or appellant making such request shall be given at least five days' notice by mail of the hearing thereon by the Board of Appeals.

No decision or determination of the Board of Appeals granting any application or reversing or modifying an appeal shall remain in force and effect longer than 12 months from the date of such decision or determination, unless the applicant or appellant shall have in the meantime, actually and in good faith, commenced substantial work on the erection or alteration of the building or structure or made use of the property affected pursuant to the relief granted.