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.
A.
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.
B.
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 or USPS Priority Mail with proof of delivery,
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; 4-3-2023 by L.L. No. 7-2023]
C.
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.
D.
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.
