Depew City Zoning Code
§ 260-74
Board of Appeals rules of conduct and procedure; filing of appeals; meetings and decisions.
A.
Rules of conduct and procedure. The Board of Appeals, consistent with law and ordinance, may adopt rules of conduct and procedure.
B.
Filing appeals. An appeal to the Board of Appeals from any ruling of any administrative officer charged with the enforcement of this chapter may be taken by any person aggrieved or by any officer, department, board or bureau of the Village. Such appeal shall be taken, within such time as shall be prescribed by the Board of Appeals by general rule, by filing with the officer from whom the appeal is taken and with the Board of Appeals a notice of appeal, specifying the ground thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
C.
Filing applications. An application for any matter upon which the Board of Appeals is required to hear may be made to the Village Clerk, along with a filing fee as set by Village Board of Trustees resolution, by the owner or tenant of the property (or a duly authorized agent) for which such appeal or application is sought.
D.
Meetings, witnesses and records.
(1)
Meetings of the Board of Appeals shall be held at the call of the Chairman and held at the Village of Depew Municipal Building. All meetings shall be open to the public. The Chairman of the Board of Appeals or, in his/her absence, the Acting Chairman may administer oaths and compel the attendance of witnesses.
(2)
The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official action. Every rule, regulation, amendment or repeal thereof and every order, requirement, decision or determination of the Board of Appeals shall be filed in the office of the Village Clerk within five days of the decision being rendered and shall be a public record.
E.
Stay of proceedings. Any appeal to the Board of Appeals shall stay all proceedings in furtherance of the action appealed from, except as otherwise provided in § 7-712 of the New York State Village Law.
F.
Public hearing. The Board of Appeals shall fix a reasonable time for a hearing of an appeal, applications for special permits or modifications or regulations, or other matters referred to it, and shall give public notice thereof in accordance with the provisions of § 7-712 of the New York State Village Law.
G.
Decisions of the Board of Appeals.
(1)
The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination appealed from, to decide in favor of the applicant any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter.
(2)
Every decision of the Board of Appeals shall be by resolution. Where findings are required, the decision shall set forth each required finding, supported by substantial evidence or other data considered by the Board of Appeals in each specific case, or, in the case of denial, the decision shall include the findings which are not satisfied.