Village of Northport, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Northport Village Board of Zoning Appeals 1-6-1976 (Appendix A, Part I, of the 1966 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Appeals from Board of Architectural and Historic Review — See Ch. 13, § 13-11.
Building construction — See Ch. 106.
Environmental quality review — See Ch. 138.
Appeals under flood damage prevention — See Ch. 159.
Noise variances — See Ch. 200, § 200-21.
Planning Board — See Ch. 219.
Zoning — See Ch. 306.

§ A309-1 Selection, duties and powers of Chairman and Deputy Chairman.

A. 
The Chairman of the Board of Zoning Appeals will normally be designated by the Mayor, subject to approval by the Board of Trustees. However, should the Mayor not designate a member of the Board of Zoning Appeals as Chairman, the Board of Zoning Appeals shall elect a Chairman by a majority vote of the whole Board.
B. 
The Board of Zoning Appeals shall, by majority vote of the whole Board, elect a Deputy Chairman who shall serve as Chairman at any meetings at which the Chairman is not present.
C. 
The Chairman shall preside at all meetings and shall rule on all points of order and procedure in matters before the Board.

§ A309-2 Call of meetings; quorum.

A. 
Meetings will be held at the call of the Chairman or at the call of three other members. Notice of time and place of meeting and the purpose thereof shall be given by mail to all members at least two days before the date of the meeting.
B. 
A majority of the members of the Board shall constitute a quorum for the transaction of business.

§ A309-3 Secretary of Board.

[Amended 10-28-1999]
A. 
The Village Clerk, or his designated representative, shall serve as Secretary to the Board of Zoning Appeals. He shall be responsible for preparation of minutes of all meetings of the Board. Such minutes shall clearly state the sense of testimony given before the Board and the discussion of matters by the Board members.
B. 
In cases where a verbatim transcript of the proceedings of the Board is deemed necessary, the Chairman of the Board is empowered to engage a court stenographer for this purpose.

§ A309-4 Appeals from decision of administrative officer.

[Amended 10-28-1999]
A. 
Appeals from a decision of an administrative officer shall be taken by filing a written notice specifying the grounds for appeal with the official or with the Chairman of the official body from whom the appeal is taken. A copy of such filing shall also be filed with the Secretary of the Board of Zoning Appeals. Such notice shall be filed not later than 30 days after the decision of the officer or official body from which the appeal is taken.
B. 
Notice of a hearing of an appeal shall be given by the Board of Zoning Appeals to the appellant and respondence upon such appeal, within 62 days after filing. Such notice shall be in writing, giving the day, time and place of such hearing.

§ A309-5 Application for permit under zoning.

Applications for permits under provisions of Chapter 306, Zoning, which require approval of the Board of Zoning Appeals shall be made on the form shown in Appendix A of these rules.[1]
[1]
Editor's Note: Appendix A of these rules is on file in the office of the Village Clerk.

§ A309-6 Public hearing; notice.

A. 
A public hearing shall be held within 60 days of an application for a variance or for a permit upon which the Board of Zoning Appeals is required, under the terms of Chapter 306, Zoning, to pass.
[Amended 10-28-1999]
B. 
Notice of such hearing shall be published in the official village newspaper or, if no newspaper has been designated, in a newspaper of general circulation in the Village of Northport not less than 5 days prior to the date set for the public hearing.
[Amended 10-28-1999]
C. 
The notice of such public hearing shall state in clear terms the nature of the hearing and describe the course of action proposed by the applicant. The notice should fairly be given the meaning it would reflect upon the mind of an ordinary layman and not solely as it would be construed by one familiar with technicalities solely applicable to the laws of zoning.
(1) 
The Code Compliance Director shall submit a report to the Board of Zoning Appeals containing his review and observations of the relief requested in the application prior to the public hearing.
(2) 
Where appropriate, the Code Compliance Director shall refer a copy of the notice of hearing to other appropriate village officials, departments or boards for their review and comment. When appropriate, such other village officials, departments and boards shall submit a report to this Board prior to the public hearing on the application.
(3) 
In the event a report is submitted by any village official, department or board, a copy will be furnished to the applicant.
(4) 
When appropriate, the above-mentioned village official, department or board may present pertinent testimony to this Board at the public hearing.
(5) 
Any other official, department or board of the village may present pertinent testimony.
D. 
The purpose of a public hearing is to determine facts which bear on the application or the appeal before the Board of Zoning Appeals. The following procedure shall be followed:
(1) 
The Village Clerk reads the notice of publication.
(2) 
The applicant presents himself and/or others as witnesses.
(a) 
Witnesses should be sworn by a notary public (Village Clerk or Village Attorney) or by the Board Chairman, pursuant to law.
(b) 
The applicant and/or his attorney should present evidence in question-and-answer form.
(3) 
Members of the Board should then proceed with questions of the witness while that witness is sworn.
(4) 
The Village Attorney, if present, should be permitted to examine the witness if, in his opinion, some questions have been left unanswered by the Board.
(5) 
Witnesses should be presented one at a time, and questions should be directed to the particular witness.
(6) 
Persons in opposition should be given an opportunity to state their objections and need not be sworn. However, the Chairman, if in his opinion swearing may be in the interest of justice and a full and fair hearing, may direct that the opposition witness be sworn.
(7) 
Cross-examination of witnesses. The Chairman may permit cross-examination of witnesses by an interested party or his attorney, if such examination will be in the interests of justice and a full and fair hearing. Alternatively, the Chairman may permit questions to be put to a witness by an interested party, through him.
(8) 
Decisions should be reserved except in extreme cases where a short adjournment and return to the meeting can be accomplished.
E. 
Hearings before the Board shall be conducted with decorum, and all inquiries, objections to evidence and matters relating to the hearing should be directed to the Board Chairman. The purpose of the hearing is to determine fact, and the Board shall not be bound by the strict rules of evidence. However, at the Chairman's direction, objections to evidence will be heard and ruled upon.
F. 
The findings of the Board in variance procedures or in matters delegated to the Board under Chapter 306, Zoning, must be grounded in affirmative evidence. The criteria set forth in the Chapter 306, Zoning, shall be met in all findings and determinations of the Board.
G. 
Except as provided in Chapter 306, Zoning, the concurring vote of a majority of all members shall determine the decision of the Board on all appeals and on all applications for variances and for permits under the provisions of Chapter 306, Zoning.
H. 
All decisions must be rendered in public with a written decision.