Hewlett Neck City Zoning Code
ARTICLE VII
Board of Appeals
§ 195-44 Establishment; membership terms and residency requirements.
[Amended 10-6-2008 by L.L. No. 4-2008; 7-30-2018 by L.L. No. 8-2018]
The Board of Appeals heretofore established is hereby continued. It shall consist of five members, each of whom shall serve for a term of five years, and three alternate members, who shall serve for a term of one year. Alternate members shall substitute for a member in the event such member is absent or otherwise unable to serve. Members and alternate members of the Board of Appeals shall be appointed by the Mayor, subject to the approval of the Board of Trustees, and shall serve without pay. Notwithstanding any other provision of law to the contrary, with the consent of the Board of Trustees, a member of the Board of Appeals shall not be required to be a resident of the Village of Hewlett Neck, but shall be a resident of Nassau County. [1]
[1]
Editor's Note: Former Section 1.902, Procedure, which immediately followed this section, was deleted 1-5-1998 by L.L. No. 1-1998.
§ 195-45 Rules of procedure; notice requirements.
[Added 1-5-1998 by L.L. No. 1-1998; amended 6-6-2005 by L.L. No. 1-2005]
A.
The Board of Appeals shall make rules and regulations as to the manner of filing appeals, applications for variances and all other matters requiring action by said Board.
B.
Upon the filing of an application with the Board of Appeals, and upon payment of the required fee and deposit, the Board shall fix a time and place for a public hearing, and notice of such hearing shall be provided as follows:
(1)
The Board of Appeals shall publish or cause to be published a notice of the public hearing in the official Village newspaper at least five days prior to the date of the public hearing.
(2)
The applicant shall prepare a map (in the form required by the Village) showing the names of the owners of all parcels of property located within a radius of 300 feet of the subject property, measured from all points of the property lines of the subject premises. At least 10 days but not more than 20 days prior to the scheduled date of the hearing, the applicant shall send a copy of the notice of public hearing (on the form provided by the Village) to all such owners in a manner authorized by the Board of Trustees by resolution, from time to time.
[Amended 9-6-2017 by L.L. No. 4-2017]
(a)
The names of said owners shall be taken as they appear on the last completed tax roll of the Village, except that the addresses must be those of the actual places of residence of the addressees.
(b)
The applicant shall file or cause to be filed a radius map and an affidavit of mailing (on the form provided by the Village), having attached thereto a true and complete copy of the notice of public hearing, with the Village Clerk not less than three days prior to the scheduled date of the public hearing, together with any return receipt cards or returned or undeliverable envelopes. Failure to deliver the radius map, the affidavit of mailing, and the return receipt cards or returned or undeliverable envelopes, if the manner of service requires return receipt cards, to the Village in accordance with this section may result in the application being stricken from the calendar.
§ 195-46 Fees, costs and deposits.
[Amended 6-6-2005 by L.L. No. 1-2005]
A.
Fees: A fee of $500 shall be required for any application to the Board of Appeals.
B.
Costs.
(1)
On all applications to the Board of Appeals, the applicant shall be liable for and shall pay to the Village the following costs which may be incurred by the Village in processing the application:
(2)
All of the foregoing costs shall be consistent with the costs for the services then prevailing in the community.
C.
Deposits.
(1)
In addition to the fee required in Subsection A hereof, the applicant shall deposit the sum of $2,000 with the Village Clerk, which deposit is required to defray the actual costs listed in Subsection B hereof, which will actually and necessarily be incurred by the Village in processing the application.
[Amended 5-5-2008 by L.L. No. 1-2008]
D.
Action on application. No action shall be taken by the Board of Appeals on any application subject to the requirements of this section, nor shall any building permit or certificate of occupancy or completion be issued for the property, until all fees and deposits required hereunder are paid in full or modified by the Board of Trustees pursuant to Subsection F hereof.
[Amended 5-5-2008 by L.L. No. 1-2008]
E.
Inconsistent prior fees and deposits superseded. The provisions of this section shall supersede all prior requirements for fees and deposits applicable to applications to the Board of Appeals.
F.
Hardship review. In the event that any fee or deposit established in this section creates an economic or other hardship, application may be made to the Board of Trustees, which is hereby authorized to modify such fee and/or deposit, in its legislative discretion, after an appropriate hearing.[1]
[1]
Editor's Note: Former Sections 1.904 and 1.905, which established the powers and duties of the Zoning Board of Appeals and immediately followed this section, were deleted 1-5-1998 by L.L. No. 1-1998.
§ 195-47 Lots partly outside Village.
Where a lot is situated partly within the Village and partly outside the Village, the Board of Appeals may permit the regulations of this chapter to be applied to the entire lot or to such portion, or it as the Board may determine, in the same manner and to the same extent as if such lot or portion thereof had been situated entirely within the Village and within the same zoning district established by this chapter. For such purpose, the Board may impose conditions by way of deed restrictions or otherwise, which will assure that the portion of the lot outside of the Village is not severed or detached and is effectively bound by the regulations as so applied to the same extent as the portion of the lot within the Village.[1]
[1]
Editor's Note: Former Section 1.906(b) and (c), which established additional special powers of the Board of Appeals, and Section 1.907, which established conditions on permits issued by the Board of Appeals, which immediately followed this section, were repealed 1-5-1998 by L.L. No. 1-1998.