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Laurel Hollow Village
City Zoning Code

ARTICLE IX

Board of Appeals

[Amended 12-18-1995 by L.L. No. 3-1995; 3-11-1996 by L.L. No. 2-1996]

§ 145-26 Appointment and membership.

Except as provided in § 145-30, the Board of Appeals shall be constituted as provided by the Village Law of the State of New York and shall have the powers and duties as prescribed in the Village Law. The members of the Board of Appeals in office at the time of adoption of this section may remain in office for the balance of their appointed terms, and until the appointment and qualification of their successors.

§ 145-27 Applications and fees.

Consistent with the rules of the Board of Appeals, all applications shall be made and submitted in writing, and under oath of the applicant, and shall be accompanied by a fee in such amount as, from time to time, may be established or amended by resolution of the Board of Trustees. Each such application shall be accompanied by all supporting documentation as may be required by law, and no application shall be considered complete until all such required documentation has been submitted.

§ 145-28 Jurisdiction.

A. 
The Board of Appeals shall have such appellate jurisdiction as may be provided by law. In addition to such jurisdiction, the Board of Appeals may hear and decide appeals from, and review, any order, requirement, decision or determination made by the Building Inspector, or other officer charged with the enforcement of this chapter, whether such order, requirement, decision or determination is made under this chapter or otherwise.
B. 
The Board of Appeals shall have original jurisdiction, in a specific case, after public hearing and notice in the same manner as may be provided for its appellate jurisdiction, to grant any special permit where the Board is granted such authority by this Code or by other law. Such permits may be granted upon reasonable terms and conditions, including limitations on the duration of such permits.

§ 145-29 Standards for variances.

A. 
In the exercise of the village's authority pursuant to the Municipal Home Rule Law, § 7-712-b, Subdivision 3, of the Village Law of the State of New York is repealed and superseded in its application to the Village of Laurel Hollow.
B. 
On appeal from a determination of the Building Inspector, the Board of Appeals shall have the power to grant area variances in accordance with this section only where the applicant shall demonstrate that there are practical difficulties in the way of carrying out the provisions of this chapter. In such event, the Board shall have power to vary or modify the application of any of the provisions of this chapter relating to the use, construction or alteration of buildings or structures, or the use of land, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. In making such determination, the Board may also consider the factors described in Village Law § 7-712-b, Subdivision 3(b).
(1) 
In granting any area variance, the Board of Appeals shall grant only the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
C. 
The Board of Appeals shall have power to grant use variances only in accordance with the provisions of Village Law § 7-712-b, Subdivision 2.

§ 145-30 Supersession of Village Law in R/I District.

[Amended 3-11-1996 by L.L. No. 2-1996]
A. 
Pursuant to the authority vested in the village by the Municipal Home Rule Law, Village Law § 7-712, Subdivisions 3, 4, 5, 6, 7, 8 and 9, are hereby amended and superseded in their application to the R/I District in the Village of Laurel Hollow.
B. 
Notwithstanding any other provision of law, the Board of Appeals shall have no jurisdiction with respect to appeals, variances or permits in the R/I District. The Board of Trustees shall be the Board of Appeals for all such applications in the R/I District, and the sole authority to hear and determine applications for appeals, variances or permits in the R/I District shall be vested in the Board of Trustees. In acting on any appeal or application for variance or permit in the R/I District where the jurisdiction over such appeal, variance or permit would be vested in the Board of Appeals but for the provisions of this section, the Board of Trustees shall have the powers otherwise provided for the Board of Appeals and shall follow the procedures otherwise applicable to the Board of Appeals.

§ 145-30.1 Nullifying of Board of Zoning Appeals approvals.

[Added 5-9-2018 by L.L. No. 4-2018]
Every application for approval granted by the Board of Zoning Appeals pursuant to the provisions of this Chapter 145 shall become null, void and of no further force and effect, unless:
A. 
A permit shall have been issued pursuant thereto within six months after the filing with the Village Clerk of the decision of the Board of Zoning Appeals.

§ 145-30.2 Extension of time limitations.

[Added 5-9-2018 by L.L. No. 4-2018]
The Board of Zoning Appeals may, for good cause shown, grant a longer period of time for the issuance of a permit than that herein provided upon the granting of an application for an approval under this chapter, upon application made to it for such extension; provided, however, that such application shall be made before or within six months after the time for the issuance of a permit has expired, In determining whether good cause exists for such extension, the Board of Zoning Appeals shall consider, among other things, the nature and extent of the construction and the complexity thereof, difficulties causing delays in construction, availability of utilities, strikes, scarcity of labor or materials, war or natural occurrences.