[HISTORY: Adopted by the Board of Trustees of the Village of Plandome Manor 1-11-2006 by L.L. No. 19-2005 as Ch. 11 of the 2005 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 525.
Fees — See Ch. A228.
[Amended 4-20-2010 by L.L. No. 2-2010; 11-16-2010 by L.L. No. 3-2010]
The Board of Zoning Appeals heretofore established is hereby continued. It shall consist of five members and one alternate member.
A. 
Members of the Board of Zoning Appeals shall be appointed and serve terms of office as prescribed in § 7-712 of the Village Law. Each member of the Board of Zoning Appeals shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties, in accordance with § 7-712, Subdivision 7-a, of the Village Law. The Board of Zoning Appeals shall have the powers and duties prescribed by §§ 7-712-a and 7-712-b of the Village Law and Chapter 225, Zoning, of this Code.
B. 
The alternate member of the Board of Zoning Appeals shall serve for a term of one year and shall substitute for a member in the event such member is absent or otherwise unable to serve.
[Amended 4-20-2010 by L.L. No. 2-2010]
An appeal must be taken not more than 60 days after the decision appealed from is filed in the office of the Village Clerk.
The office of the Board of Zoning Appeals shall be at the Village office.
A. 
Before an application for a variance may be heard by the Board of Zoning Appeals, a complete and accurate list of the names and addresses of owners of all the lands within a radius of 200 feet of the property affected by such application as appear on the latest completed assessment roll of Nassau County shall be submitted simultaneously with the application.
[Amended 4-20-2010 by L.L. No. 2-2010]
B. 
The applicant shall send, by certified mail return receipt requested, to each owner shown on said list, not less than 10 days nor more than 20 days before the date set for a hearing upon his application, a notice, which notice shall be on forms provided by the Board of Zoning Appeals, addressed to such owners generally, signed by the applicant, identifying the property affected thereby and setting forth the variance requested and the date, hour and place fixed by the Board of Zoning Appeals for the hearing thereon.
[Amended 4-20-2010 by L.L. No. 2-2010]
C. 
Before such case may be heard by the Board of Zoning Appeals, the applicant must file with the Village Clerk, not later than five days prior to the hearing date, an affidavit of the mailing of such notices as herein provided, said affidavit to be made on forms to be provided by the Board of Zoning Appeals.
The Board of Zoning Appeals may require the applicant to publish notice of the hearing, giving the time and place and stating briefly the matter to be determined in a newspaper published in the Town of North Hempstead and of general circulation in the district particularly concerned of such matter and at such times as the Board of Zoning Appeals may designate, such publication to be at the expense of the applicant. In such event, at or before the hearing, the applicant shall file with the Board of Zoning Appeals proof of the publication of such notice. The fees to be paid shall be as provided in the Fee Schedule[1] and shall include an amount necessary to pay the expenses of the court reporter who shall transcribe the proceedings, for which the applicant shall be responsible.
[1]
Editor's Note: See Ch. A228, Fees, Charges and Deposits.
[Added 7-17-2007 by L.L. No. 2-2007]
A. 
Any variance granted by the Board of Zoning Appeals must be acted upon within 90 days of receiving a decision.
B. 
All work pertaining to the granted variance shall be completed and a certificate of occupancy and/or a certificate of completion must be issued by the Building Department within 30 months of the Board of Zoning Appeals' decision date.