Sleepy Hollow City Zoning Code
ARTICLE XII
Board of Appeals
§ 450-76 Establishment and continuation.
A.
Pursuant to the provisions of § 7-712 of the Village Law, a Board of Appeals is hereby established in and for the Village of Sleepy Hollow.
B.
Continuation in office of existing Board of Appeals. The Board of Appeals heretofore established shall continue as the Board of Appeals in and for the Village of Sleepy Hollow, with all the powers and duties prescribed by law and as herein described. Members in office at the time of adoption of this chapter shall remain in office until the normal expiration of the term for which appointed.[1]
[1]
Editor's Note: Original § 62-36.1 of the 1965 Code, Alternate members, added 10-27-1986 by L.L. No. 3-1986, which immediately followed this section, was repealed 5-17-1988 by L.L. No. 6-1988.
§ 450-77 Organization.
[Amended 5-17-1988 by L.L. No. 6-1988]
The Board of Appeals shall consist of seven members, all of whom shall be residents of the Village of Sleepy Hollow and who shall not hold any position, elective or appointive, under the municipality.
A.
Appointment of members. Each member shall be appointed by the Mayor for a term of three years. Vacancies on the Board shall be filled by the Mayor for the remainder of the unexpired term.
B.
Removal of members. A member of the Board of Appeals may be removed for cause upon written charges presented by the governing body of the Village and after notice of such charges and a public hearing thereon.
C.
Compensation of members. No member of the Board of Appeals shall receive any compensation for service on such Board.
§ 450-78 Employment of staff.
Within the limit of appropriations made available to it by the governing body of the Village, the Board of Appeals may employ a secretary, legal counsel and such other personnel as may be required for the conduct of its business.
§ 450-79 Rules of procedure.
The Board of Appeals shall adopt rules of procedure in accordance with the provisions of this chapter and any others not inconsistent with the laws of the State of New York.
A.
Officers. The Board shall choose annually from among its membership, at its first meeting in April, a Chairman and a Vice Chairman.
B.
Meetings. Meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman or the Acting Chairman at any meeting shall have the power to issue subpoenas for the attendance of witnesses and the production of records, and may issue oaths and take testimony. All regular meetings of the Board of Appeals shall be open to the public.
C.
Quorum and action. The concurring votes of at least four members of the Board shall be required to effect any action of the Board or to establish a quorum and to make technical corrections to the section.
[Amended 5-15-1992 by L.L. No. 2-1992]
D.
Minutes and records. Minutes shall be kept of the proceedings of the Board of Appeals, and shall show the vote of each member on each question. If a member is absent or refrains from voting, such fact shall be recorded. Records shall be kept of all examinations and other official actions. The minutes and records shall be public documents and shall be filed with the office of the Board immediately after each meeting.
E.
Annual report. The Board of Appeals shall report to the governing body annually, summarizing all appeals and applications made to it since its last previous report and summarizing its decisions on such appeals and applications. At the same time that each such report is filed with the governing body, copies thereof shall also be filed with the Mayor, the Planning Board, the Building Inspector and the Village Attorney.[1]
[1]
Editor's Note: Original Subsection F, Annual review of records by the Village Attorney, which immediately followed this subsection, was repealed 1-22-2013 by L.L. No. 1-2013.
§ 450-80 Powers and duties.
The Board of Appeals shall hear and decide appeals pursuant to the laws of the State of New York and shall have the following powers:
A.
Interpretation of Zoning Law and Official Zoning Map. The Board of Appeals shall make a determination of the facts and/or an interpretation of the provisions of this chapter or the Official Zoning Map on receipt of:
(1)
A request from the Building Inspector or any citizen for clarification or interpretation of the provisions of this chapter or contents of the Official Zoning Map.
(2)
An allegation that the Building Inspector is in error in his refusal to grant a building permit or certificate of occupancy as a result of his misinterpretation of the meaning, intent or applicability of any part of this chapter.
(3)
An allegation that the Building Inspector is in error in his determination of the exact location of a zone district boundary as shown on the Official Zoning Map.
B.
Special permits. The Board shall have power to authorize an off-site parking area or joint use of parking facilities subject to the provisions of § 450-53 as to location and design and of § 450-66 as the site plan review by the Planning Board, the determination of the facts of each case, and such other criteria, conditions and safeguards which may be imposed by the Board of Appeals to secure the general objectives of this chapter and to protect adjoining properties.
C.
Variances. In cases where, by reason of extreme narrowness, shallowness or shape of a specific lot, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition pertaining to such lot, the strict application of the regulations of this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such lot, the Board may, after due notice and public hearing, grant a variance from the strict application of this chapter.
[Amended 1-22-2013 by L.L. No. 1-2013]
(1)
Use variances. A use variance is the authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
(a)
The Board of Appeals, on appeal from the decision or determination of the administrative officer, shall have the power to grant use variances, as defined herein.
(b)
No such variance shall be granted by the Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
[1]
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
[2]
The alleged hardship relating to the property is unique and does not apply to a substantial portion of the district or neighborhood;
[3]
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
[4]
The alleged hardship has not been self-created.
(c)
The Board of Appeals, in granting use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(2)
Area variances. An area variance is the authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
(a)
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official, to grant area variances as defined herein.
(b)
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider:
[1]
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
[2]
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[3]
Whether the requested area variance is essential;
[4]
Whether the proposed variance will have an adverse effect or impact on the physical or environmental considerations in the neighborhood or district; and
[5]
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
(c)
The Board of Appeals, in the granting of area variances, shall grant 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.
(3)
Imposition of conditions. The Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such variance may have upon the neighborhood or community.
D.
Temporary uses. The Board of Appeals may, after due notice and public hearing, permit temporary occupancy and use of a structure in any district for a purpose that does not conform with the regulations for that district. Such occupancy and use shall be subject to any reasonable conditions and safeguards which the Board may impose to minimize any injurious effect upon the neighborhood or to protect contiguous property. Such approval and permit based thereon shall not be valid for more than 12 months, but may be renewed not more than once for another period of 12 months, upon application.