[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.
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.
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.
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.