[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.
[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.
