Holland City Zoning Code
ARTICLE X
Board of Appeals
§ 120-80 Establishment.
A Board of Appeals is hereby established in accordance with provisions of the Town Law applicable thereof.
§ 120-81 Appointment; terms of office.
The Board of Appeals shall consist of seven members appointed by the Town 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 Town Board. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term.
§ 120-82 Rules and regulations.
Such Board of Appeals shall, consistent with the Town 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.
§ 120-83 Powers and duties.
The Board of Appeals shall have the powers and duties prescribed by Article 16, § 267, of the Town Law of the State of New York and by this chapter, which are more particularly specified as follows:
A.
Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
B.
Variances. To vary or adopt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case. No variance in the strict application of this chapter shall be granted by the Board of Appeals unless it finds:
(1)
That there are special circumstances or conditions, fully described in the findings of the Board, applying to such land or buildings and not applying generally to land or buildings in the neighborhood and that said circumstances or conditions are such that strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or buildings.
(2)
That, for reasons fully set forth in the findings of the Board, the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose.
(3)
That the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
C.
In granting any variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable.
§ 120-84 Appeal and application procedure.
A.
The Board of Appeals shall act in accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board and available from the Building Safety Inspector/Zoning Enforcement Officer. Every appeal application shall refer to the specific provisions of the chapter involved and shall exactly set forth the interpretation that is claimed, the use for which the permit is sought or the details of the variance that is applied for and the grounds on which it is claimed that the variance shall be granted, as the case may be. Before the date of the hearing on an application or appeal to the Board of Appeals, the Secretary of said Board shall transmit to the Planning Board a copy of this notice of the aforesaid hearing and shall request that the Planning Board submit to the Board of Appeals its opinion on said application or appeal, and the Planning Board may submit a report of such advisory opinion prior to the date of said hearing. Failure to submit such report shall constitute approval of said application or appeal by the Planning Board.
[Amended 7-13-1988 by L.L. No. 2-1988; 1-8-1992 by L.L. No. 1-1992; 5-12-1993 by L.L. No. 1-1993; 11-14-2007 by L.L. No. 2-2007]
B.
Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case. 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 such fact and shall also keep records of its examination and other official actions.
§ 120-85 Filing of records.
The office of the Town Clerk shall be the office of the Board of Appeals, and every rule, regulation, amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in said office as required by Article 16, § 267, of the Town Law of the State of New York.
§ 120-86 Notice of hearings.
[Amended 7-13-1988 by L.L. No. 2-1988; 1-11-1989 by L.L. No. 1-1989; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice thereof by the publication in the official paper of a notice of such hearing at least five days prior to the date thereof and shall, at least five days before such hearing, mail notices thereof to the parties and to the Regional State Park Commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal and shall decide the same within 62 days after the final hearing. The applicant shall, at least seven days prior to the date of the hearing, give notice, in writing, by registered mail or by service in person, with adequate proof of contact thereof to all property owners within 200 feet of the property to be affected by said appeal and/or to all property owners of contiguous land or properties adjoining said property to be affected, and other interested property owners as may be designated by the Board of Appeals.