[HISTORY: Adopted by the Northport Village
Board of Zoning Appeals 1-6-1976 (Appendix A, Part I, of the 1966
Code). Amendments noted where applicable.]
A.
The Chairman of the Board of Zoning Appeals will normally
be designated by the Mayor, subject to approval by the Board of Trustees.
However, should the Mayor not designate a member of the Board of Zoning
Appeals as Chairman, the Board of Zoning Appeals shall elect a Chairman
by a majority vote of the whole Board.
B.
The Board of Zoning Appeals shall, by majority vote
of the whole Board, elect a Deputy Chairman who shall serve as Chairman
at any meetings at which the Chairman is not present.
C.
The Chairman shall preside at all meetings and shall
rule on all points of order and procedure in matters before the Board.
A.
Meetings will be held at the call of the Chairman
or at the call of three other members. Notice of time and place of
meeting and the purpose thereof shall be given by mail to all members
at least two days before the date of the meeting.
B.
A majority of the members of the Board shall constitute
a quorum for the transaction of business.
[Amended 10-28-1999]
A.
The Village Clerk, or his designated representative,
shall serve as Secretary to the Board of Zoning Appeals. He shall
be responsible for preparation of minutes of all meetings of the Board.
Such minutes shall clearly state the sense of testimony given before
the Board and the discussion of matters by the Board members.
B.
In cases where a verbatim transcript of the proceedings
of the Board is deemed necessary, the Chairman of the Board is empowered
to engage a court stenographer for this purpose.
[Amended 10-28-1999]
A.
Appeals from a decision of an administrative officer
shall be taken by filing a written notice specifying the grounds for
appeal with the official or with the Chairman of the official body
from whom the appeal is taken. A copy of such filing shall also be
filed with the Secretary of the Board of Zoning Appeals. Such notice
shall be filed not later than 30 days after the decision of the officer
or official body from which the appeal is taken.
B.
Notice of a hearing of an appeal shall be given by
the Board of Zoning Appeals to the appellant and respondence upon
such appeal, within 62 days after filing. Such notice shall be in
writing, giving the day, time and place of such hearing.
Applications for permits under provisions of Chapter 306, Zoning, which require approval of the Board of Zoning Appeals shall be made on the form shown in Appendix A of these rules.[1]
[1]
Editor's Note: Appendix A of these rules is
on file in the office of the Village Clerk.
A.
A public hearing shall be held within 60 days of an application for a variance or for a permit upon which the Board of Zoning Appeals is required, under the terms of Chapter 306, Zoning, to pass.
[Amended 10-28-1999]
B.
Notice of such hearing shall be published in the official
village newspaper or, if no newspaper has been designated, in a newspaper
of general circulation in the Village of Northport not less than 5
days prior to the date set for the public hearing.
[Amended 10-28-1999]
C.
The notice of such public hearing shall state in clear
terms the nature of the hearing and describe the course of action
proposed by the applicant. The notice should fairly be given the meaning
it would reflect upon the mind of an ordinary layman and not solely
as it would be construed by one familiar with technicalities solely
applicable to the laws of zoning.
(1)
The Code Compliance Director shall submit a report
to the Board of Zoning Appeals containing his review and observations
of the relief requested in the application prior to the public hearing.
(2)
Where appropriate, the Code Compliance Director shall
refer a copy of the notice of hearing to other appropriate village
officials, departments or boards for their review and comment. When
appropriate, such other village officials, departments and boards
shall submit a report to this Board prior to the public hearing on
the application.
(3)
In the event a report is submitted by any village
official, department or board, a copy will be furnished to the applicant.
(4)
When appropriate, the above-mentioned village official,
department or board may present pertinent testimony to this Board
at the public hearing.
(5)
Any other official, department or board of the village
may present pertinent testimony.
D.
The purpose of a public hearing is to determine facts
which bear on the application or the appeal before the Board of Zoning
Appeals. The following procedure shall be followed:
(1)
The Village Clerk reads the notice of publication.
(3)
Members of the Board should then proceed with questions
of the witness while that witness is sworn.
(4)
The Village Attorney, if present, should be permitted
to examine the witness if, in his opinion, some questions have been
left unanswered by the Board.
(5)
Witnesses should be presented one at a time, and questions
should be directed to the particular witness.
(6)
Persons in opposition should be given an opportunity
to state their objections and need not be sworn. However, the Chairman,
if in his opinion swearing may be in the interest of justice and a
full and fair hearing, may direct that the opposition witness be sworn.
(7)
Cross-examination of witnesses. The Chairman may permit
cross-examination of witnesses by an interested party or his attorney,
if such examination will be in the interests of justice and a full
and fair hearing. Alternatively, the Chairman may permit questions
to be put to a witness by an interested party, through him.
(8)
Decisions should be reserved except in extreme cases
where a short adjournment and return to the meeting can be accomplished.
E.
Hearings before the Board shall be conducted with
decorum, and all inquiries, objections to evidence and matters relating
to the hearing should be directed to the Board Chairman. The purpose
of the hearing is to determine fact, and the Board shall not be bound
by the strict rules of evidence. However, at the Chairman's direction,
objections to evidence will be heard and ruled upon.
H.
All decisions must be rendered
in public with a written decision. The plans approved by the Zoning
Board shall be stamped with a raised seal by the Secretary to the
Zoning Board.
[Amended 9-3-2019 by L.L. No. 1-2019]