[HISTORY: Adopted by the Board of Trustees of the Village of Flower Hill 1-6-1976 as Ch. A91 of the 1976 Code. Amendments noted where applicable.]
Article I Appeals and Applications for Variance or Conditional Use
Article II Procedure for Variances and Permits
All appeals from any order, requirement, decision or determination of the Building Inspector, the Village Clerk or Village Clerk-Treasurer or any administrative official charged with the enforcement of any ordinance shall explicitly set forth the order, requirement, decision or determination appealed from, the date of such order or decision, etc., and the grounds upon which the appeal is made. The appeal shall be set forth in writing upon the form supplied by the Village Clerk or Village Clerk-Treasurer. All such appeals shall have annexed thereto and made a part thereof all the surveys, drawings, plans, etc., necessary for the proper consideration and determination of the appeal. The Board of Appeals, at its discretion, may require further exhibits or other proof. All appeals shall be filed in duplicate with the Village Clerk or Village Clerk-Treasurer, who shall thereupon deliver one copy thereof to the Building Inspector. All such appeals must be served and filed within 10 days after the entry of the order, requirement, decision or determination appealed from. This section shall not be applied to limit the time of appeal as to any ruling of the Building Inspector or the issuance of any building permit or certificate of occupancy by said Building Inspector; but the time of appeal as to any such ruling, issuance of building permit or issuance of certificate of occupancy by said Building Inspector prior to the adoption hereof shall expire 30 days subsequent to the adoption and filing of these rules by the Board of Appeals thereof with the Village Clerk or Village Clerk-Treasurer, as Clerk of the Board of Appeals.
Applications for variances shall be made by filing with the Village Clerk or Village Clerk-Treasurer a written application upon the form supplied by the Clerk or Clerk-Treasurer, completely filled out, wherein is set forth all the pertinent information required in said form, a concise statement of the relief or variance sought by the applicant and a detailed statement of the grounds upon which the application is based. All such applications shall have annexed thereto and made a part thereof all the surveys, drawings and plans, together with a recent photo of the existing property, including a plot plan showing the entire property in question and the properties immediately adjacent thereto and locating, in scale, all present improvements on each property, the new improvement which applicant is contemplating (in dotted lines) all outside dimensions and setbacks on each property and any unusual grade elevations which might be relevant in making a complete study of the applicant's property.
Editor's Note: Former Subsection B was deleted 11-6-2000 by L.L. No. 3-2000.
In the filing of an application with the Board of Appeals for a variance or conditional use permit, the applicant shall either file with the Board, on forms provided by the Board, the written consents of all owners of adjoining and abutting properties and all property across the street within 200 feet of the applicant's property line or, in lieu thereof, shall file with the Board written proof that said owner or owners have been notified, by registered or certified mail with return receipts, as to the date of the public hearing on such applications, including a statement of the permit, variance or variances requested. Such written proof shall be filed with the Board not less than 10 days prior to the date set for public hearing on such application. Forms for such notification shall be furnished by the Board.
[Amended 11-6-2000 by L.L. No. 3-2000]
All appeals and applications to the Board shall be subject to a nonreturnable filing fee as provided for in Chapter A243, Fees, Charges and Deposits.
Representation. In connection with any appeal or application to the Board or at any hearing with respect thereto, any party may act or appear by an attorney, architect, building contractor or other duly authorized agent fully familiar with the facts involved in such appeal or application.
All notices or other papers to be served upon the Board of Appeals shall be sent by registered mail to or shall be served personally upon the Village Clerk or Village Clerk-Teasurer. All parties filing an appeal or application with the Board of Appeals shall designate therein an address to which any notices in connection with such appeal or application shall be sent, and all notices from the Board of Appeals mailed or left at such address will be deemed served upon the party giving such address; and such party shall be entitled to no further notice. When any party to any appeal or application is represented by agent or attorney, notice thereof shall be filed with the Board, giving the address of such agent or attorney; and thereafter, service upon such agent or attorney, at such address, will be deemed property service upon such party.
After the filing with the Board of Appeals of any such notice of appeal or application, a public hearing meeting shall be called to hear such appeal or application; and notice of the hour, date and place appointed for such hearing shall be served by mail or personally upon the appellant or applicant or his agent or attorney, as hereinbefore provided, and such other parties as the Board may direct. Where the matter to be decided, in the opinion of the Board, particularly concerns a particular area or specifically affects the owners of property adjoining and abutting the premises involved in such appeal or application, the Board may provide for the giving of such further notice as it may deem advisable or advantageous to obtain a full hearing and satisfactory determination of the question. The Board of Appeals may also, of its own motion, give such further notice as it may deem necessary or desirable.
At any hearing on any appeal or application, evidence shall be presented and/or testimony taken in such manner and to such extent as the Board of Appeals may determine or may deem necessary; and the Board may, in its discretion, prescribe reasonable limits for the presentation of evidence, the taking of testimony and/or the argument in connection with any such appeal or application. Examination of witnesses, if any, shall be conducted under oath unless, with the consent of the Board, the facts are agreed upon or testimony taken by deposition or in other proceedings is allowed to be presented. The Chairman may direct that no document offered in evidence at any hearing will be received in evidence or marked for identification unless a copy thereof is also presented and filed with the Board. All documents, maps, plans, surveys, etc., presented as evidence shall become part of the official record and shall remain in the files of the Board.
In any case, the Board of Appeals may require additional proof to be presented; may require the production and presentation of maps, plans or specifications or photos as to any structure proposed to be erected, altered or extended; may of its own motion take proof other than that presented by the parties; or may personally make or have made on its behalf an investigation of and/or report on the property, building or erection concerned in the appeal or application.
The Chairman and members of the Board, at their discretion, shall make a tour of inspection prior to the date of public hearing.
Hearings may be adjourned from time to time by the Board of Appeals.
The Board of Appeals may delegate one or more of its members to act as a special committee to investigate any phase of the question presented to the Board in any appeal or application, and such committee shall report its findings to the Board for its decision and determination.
Briefs may be submitted or may be required to be submitted to the Board of Appeals in any case.
The Board of Appeals, in its discretion, may allow any petition, answer, application or other paper to be amended or corrected or omission to be supplied therein upon the hearing or otherwise.
In the event that, at any hearing on any appeal or application, the appellant or applicant shall fail to appear in person or by agent or attorney and shall not present to the Board of Appeals a satisfactory excuse for his nonappearance and obtain the consent of the Board to an adjournment of the hearing, the Board, in its discretion, may dismiss such appeal or application or may adjourn the hearing thereon or may proceed with such hearing; and after taking such evidence and hearing such testimony as may be presented by other interested parties present at such hearing and taking such other proof as it may deem necessary, it may make such order, requirement, decision or determination as, to the Board, may seem just and proper.
In its decision upon any appeal or application, the Board of Appeals shall not be restricted to granting or refusing relief in the exact form demanded in the appeal or application, but may reverse or affirm, wholly or partly, and may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as, in its opinion, ought to be made in the premises.
Unless at the time of the granting of a variance or conditional use the Board shall otherwise order or, for good cause shown the Board, shall extend the time, any and all variances or conditional uses hereafter granted by the Board of Appeals shall lapse and cease to be effective, unless within six months from the date of the granting thereof the permit required to be issued thereunder shall have been duly issued by the Building Inspector. Any and all variances and conditional uses heretofore granted shall likewise lapse and cease to be effective, unless within six months from the adoption of this rule the permit required to be issued thereunder shall have been duly issued by the Building Inspector. The lapse of any variance, however, under this rule shall not preclude the applicant from making a new application for the same relief, except that he shall be bound by the law and the facts as they then exist.
All orders, requirements, decisions and determinations made by the Board of Appeals in connection with any appeal or application shall be filed in the office of the Board, and notice of the rendering of such order, requirement, decision or determination shall be served upon the party taking such appeal or making such application. Certified copies of any order, requirement, decision or determination shall be served upon the party taking such appeal or making such application. Certified copies of any such order, requirements, decision or determination may be obtained from the Village Clerk or Village Clerk-Treasurer upon the payment of the charges in connection therewith.
The Board of Appeals at its absolute discretion may, upon the showing of the existence of new facts or new conditions by an interested party, reopen a case or grant a rehearing thereof upon the unanimous vote of those members present, upon such terms and conditions and with such notice to interested parties as the Board may deem necessary or desirable. Upon motion initiated by any member and adopted by the unanimous vote of the members present, but not less than a majority of all the members, the Board of Appeals shall review, at a rehearing held upon notice given as upon the original hearing, any order, decision or determination of the Board not previously reviewed.