[HISTORY: Adopted by the Zoning Board of Appeals of the Village of Russell Gardens 6-15-1970. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 60.
The Zoning Board of Appeals shall be governed by the provisions of all applicable state statutes, local laws, the Zoning Ordinance and Building Code of the Village of Russell Gardens and these rules.[1]
[1]
Editor's Note: For ordinance provisions pertaining to the appointment, organization and powers and duties of the Board of Appeals, see Ch. 60, Zoning, Art. IX. The Zoning Ordinance and Building Code appear respectively as Ch. 60, Zoning, and Ch. 12, Building Construction, of this Code.
The Chairman and Vice Chairman of the Zoning Board of Appeals shall be designated by the Village Board at its annual meeting. Upon the failure of the Village Board to designate a Chairman and Vice Chairman, the Zoning Board of Appeals shall designate its own Chairman and Vice Chairman. The Village Clerk-Treasurer shall serve as the Secretary of the Zoning Board of Appeals. Nothing herein contained shall affect or curtail the term of office of any Zoning Board of Appeals member.
[Amended 11-19-1980]
A quorum shall consist of three members of the Board of Appeals.
No member of the Zoning Board of Appeals shall sit in hearing or vote on any matter in which he shall be personally or financially interested.[1]
[1]
Editor's Note: For additional provisions pertaining to conflicts of interest on the part of village employees and officials, see Ch. 20, Code of Ethics.
Special meetings may be called by the Chairman at any time, provided that at least 48 hours' notice shall be given in any form to each member of the Zoning Board of Appeals before a special meeting is held. The Chairman shall call a special meeting within five days of receipt of a written request from any two members of the Board.
Any appeal to the Zoning Board of Appeals shall be taken by filing notice thereof with the Village Clerk and the Secretary of the Zoning Board of Appeals within 30 days after the filing of the determination appealed from. The Village Clerk shall thereupon promptly transmit the record and papers upon which the determination was made to the Chairman and/or Secretary of the Board. For good cause shown, the Board, by unanimous vote of the entire Board, may extend the period of time within which an appeal shall be taken from 30 to not more than 60 days.
A. 
Notices of appeal shall be filed with the Secretary of the Zoning Board of Appeals and submitted in typewritten form, in triplicate, signed by the owner or other duly authorized person, and shall set forth:
(1) 
The nature of the determination appealed from.
(2) 
The date of such determination.
(3) 
The grounds for the appeal.
(4) 
Reference to the applicable provisions of the Building Code or Zoning Ordinance[1] or other law governing said appeal.
[1]
Editor's Note: The Building Code and Zoning Ordinance appear respectively as Chapter 12, Building Construction, and Chapter 80, Zoning, of this Code.
B. 
Appeals involving variances shall be accompanied by an accurate and intelligible plan drawn to scale, unless village files contain such plan.
C. 
Forms as provided by the village shall be submitted, in triplicate, for compliance with the provisions of this section, and the failure to use village forms shall be grounds for denial of the application. The forms to be provided by the village shall include but shall not be limited to the following:
[Amended 11-19-1980]
(1) 
Application form.
(2) 
Affidavit of ownership (corporate or noncorporate).
(3) 
Form to list properties within 500 feet of subject premises.
(4) 
Notice to property owners of application.
(5) 
Consent form.
(6) 
Affidavit of mailing of notice.
(7) 
Affidavit regarding municipal relationships.
D. 
A notice of appeal shall be accompanied by a nonrefundable fee as set forth in a fee schedule as established by a resolution of the Board of Trustees. Such fee schedule may thereafter be amended from time to time by like resolution. Said fee schedule shall be available in the office of the Village Clerk.
[Amended 6-4-1991 by No. 9-1991; 6-7-2018 by L.L. No. 1-2018; 12-5-2019 by L.L. No. 14-2019]
[Added 6-6-2001 by L.L. No. 4-2001[1]]
A. 
Before any application may be heard by the Zoning Board of Appeals the applicant shall send, by certified mail, return receipt requested, to each property owner within a radius of 200 feet of the property affected by such application, as such property owners' names and addresses appear on the latest completed tax assessment roll of the Village, a notice of hearing prepared by the Village, not less than 10 days nor more than 20 days before the date set for a hearing on the application.
B. 
Before such application may be heard, the applicant must file with the Clerk of the Zoning Board of Appeals, not less than five days prior to the hearing date, an affidavit of the mailing of such notices, with the certified mail receipts and any undelivered notices that were returned to the applicant.
[1]
Editor's Note: This local law also provided for the renumbering of former §§ A65-8 and A65-9 as §§ A65-9 and A65-10, respectively.
All decisions of the Zoning Board of Appeals shall set forth such Board's findings and determination in such form as shall be deemed appropriate, and said decision shall form part of the record in the case and shall be filed with the Secretary of the Zoning Board of Appeals.
These rules may be amended at any regular or special meeting by an affirmative vote of not less than four voting members of the Zoning Board of Appeals, provided that such amendment has been presented, in writing, to each member of the Board at least 48 hours preceding the meeting at which the vote on such amendment is taken. If the Board shall consist of three members, a quorum to consider amendments in such case shall be the full Board.