Nassau City Zoning Code
ARTICLE XVII
Administrative Review Procedures
§ 120-85 Application for variance.
Application for an interpretation or variance shall be made to the Code Enforcement Officer. Upon his determination that a permit cannot be issued without action by the Board of Appeals, he shall, within five days of receipt, transmit such application to the Board of Appeals for necessary action.
§ 120-86 Appeals for administrative review.
An appeal to the Board of Appeals may be taken by any person, firm or corporation aggrieved or by any governmental officer, department, board or bureau affected by any decision of the Code Enforcement Officer based in whole or in part upon the provisions of this chapter. Such appeal shall be taken by filing, on a form provided by the Village of Nassau, with the Board of Appeals a notice of appeal specifying the grounds thereof and the relief sought. The Code Enforcement Officer shall forthwith transmit all papers constituting the record upon which the action appealed from was taken to the Board of Appeals.
§ 120-87 Time of appeal.
Said notice of appeal shall be filed within 60 days from the date upon which the notice of refusal of the permit or refusal of the certificate of occupancy is mailed by the Code Enforcement Officer, and failure to file notice of appeal within 60 days shall constitute a waiver of the right to appeal.
§ 120-88 Stay of proceedings.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Code Enforcement Officer from whom the appeal is taken certifies to the Board of Appeals after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Appeals or by a court of record on application, on notice to the Code Enforcement Officer and on due cause shown.
§ 120-89 Hearing; notice; decision; costs.
A.
Hearing. The Board of Appeals shall fix a reasonable time for the hearing of any application for variance, or the hearing of an appeal for administrative review.
B.
Notice. The Board of Appeals shall give due notice to the parties. Notice of an application for a variance or interpretation shall be published in a paper of general circulation in the Village at least five days prior to the date thereof. The notice shall also be given by certified mail, return receipt requested, at least five days prior to the date of the hearing, to all persons, firms or corporations owning property or residing within 200 feet of the location of the property upon which its use is proposed to be established. In addition, all hearing notices shall be posted on the Village website. The Village may issue an email notice as well, but this shall be in addition to the required legal notice in the paper.
C.
Costs. All costs of such publication and notice shall be paid by the appealing party and shall be paid to the Board of Appeals prior to the hearing of such appeal.
D.
Time of Decision. The Board of Appeals shall decide on the appeal within 62 days after the closing of the hearing. The time within which the Board must render its decision may be extended by mutual consent of the applicant and Board. The decision of the Board of Appeals on the appeal shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.
§ 120-90 Provisions of appeal.
If the variance is granted or the issuance of a permit is finally approved or other action by the appellant or applicant is authorized, the necessary permits shall be subject to the terms of § 120-79. Should the appellant or applicant fail to comply with these provisions, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn or abandoned his appeal or his application, and such permission, variances and permits to him granted shall be deemed automatically rescinded by the Board of Appeals.
§ 120-92 Recourse.
Any person or persons, jointly or severally, aggrieved by any decision of the Board of Appeals or any office, department, board or bureau of the Village may apply to the Supreme Court for relief by a proceeding under Article 78 of the Civil Practice Law and Rules:
A.
Such proceeding must be instituted within 30 days after the filing of a decision of the Board of Appeals in the office of the Village Clerk.
B.
The Court may take evidence or appoint a referee to take such evidence as it may direct, and report the same, with its findings of fact and conclusions of law, if it shall appear that testimony is necessary for the proper disposition of the matter.
C.
The Court at Special Term shall itself dispose of the case on the merits, determining all questions which may be presented for determination. The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review determining all questions which may be presented for determination.
D.
Costs. Costs shall not be allowed against the Board of Appeals unless it shall appear to the Court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.