Montgomery Town City Zoning Code
§ 235-15.2
Zoning Board of Appeals procedures.
A.
Applications for any action by the Zoning Board of Appeals shall be submitted in the form required by the Zoning Board of Appeals and filed in the municipal office.
B.
The Zoning Board of Appeals shall fix a time and place for a public hearing thereon, and shall provide for the giving of notice at least five days prior to the date thereof, as follows:
(1)
By publishing a notice in the official newspaper.
(2)
By requiring the applicant to give notice of the substance of every appeal for a variance together with notice of the hearing thereof by causing notices to be mailed at least five days before the date of said hearing to the owners of all property abutting that held by the applicant in the immediate area (whether or not involved in such appeal or application) and all other owners within 300 feet, or such additional distance as the Zoning Board of Appeals may deem advisable, from the exterior boundaries of the land involved in such appeal, as the names of said owners appear on the last completed assessment roll. Such notice shall be by certified mail, return receipt requested, and the applicant shall furnish proof of compliance with notification procedure; provided, however, that the Zoning Board of Appeals may accept substantial compliance with these provisions in cases of difficulty in serving such owners.
(3)
If the land involved in an application is within 500 feet of the boundary of any other municipality, notice of the public hearing shall also be mailed to the Municipal Clerk of such other municipality.
(4)
If the land involved in any appeal is within 500 feet of the boundary of any other municipality, or any existing or proposed county or state park or other recreation area, or the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway, or the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines, or the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated, then notice of the public hearing and description of the applicant's proposal shall be mailed to the Orange County Planning Department.
C.
No action shall be taken on applications referred to the Orange County Planning Department until the Department's recommendation has been received or 30 days have elapsed after the Department received the full statement on the applicant's proposal or unless or until said Planning Department has indicated that the type of application is one that it will not review, whichever event first happens.
D.
A record shall be established of all variances granted pursuant to action of the Zoning Board of Appeals under this chapter. Each case shall be identified by a sequential numbering system and alphabetically by the applicant's name. Said files shall be available for public inspection.
E.
The Zoning 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. The Zoning Board of Appeals shall keep records of its examinations and official actions, all of which shall be filed in the Clerk's office and shall be a public record.
F.
Building permits authorized by Zoning Board of Appeals actions on variance cases shall be obtained within six months and shall automatically expire if construction under the permit is not started within 90 days of issuance and completed within one year. Extensions of these periods may be granted by the Zoning Board of Appeals where good cause is shown.
G.
The fee for applications to the Zoning Board of Appeals or Planning Board shall be in accordance with the Town Fee Schedule.[1]
[1]
Editor's Note: The Fee Schedule is included as an attachment to this chapter.