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.
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.