§ 331-134. Procedure., Article XV. Board of Appeals on Zoning, Chapter 331. Zoning, Part II. General Legislation, Code of Ordinances, New Rochelle

Appeal and application. A public hearing shall be held by said Board on every appeal and application made to it. The deliberations of the Board shall be conducted publicly, and all votes on any matter before the Board must be taken at a public meeting.

Public hearing.

(1)

A notice of such hearing and of the substance of the appeal or application shall be given by publication in the official newspaper of this City at least 10 calendar days before the date of such hearing. A notice of such hearing shall also be transmitted to the applicant. The applicant must notify any property owners within 250 feet of any boundary of the property which is the subject of an application for a special permit or an appeal for a variance to permit a use or a change in use. On any other application or appeal the applicant must notify any property owners within 150 feet of any boundary of the property which is the subject of the application. Such notice shall be given by certified mail, with return receipt requested, to such property owners whose names currently appear as the assessed owners of record in the Office of the Assessor of the City of New Rochelle. Such notice shall be mailed not less than seven calendar days before the date of public hearing, and the applicant shall file with the Board an affidavit, duly sworn, not less than three calendar days prior to the date of public hearing to the effect that such property owners were so notified.

(2)

In addition, the applicant shall post a sign on the property which is the subject of the application on or before 15 days prior to the first date of public hearing and shall remove such sign within two days following such hearing. The sign shall be obtained from the Department of Development and shall be at least 30 inches by 20 inches, consist of sturdy and serviceable material containing a white background with black letters and shall be placed in a location plainly visible from the most commonly traveled street upon which the property fronts but in no case more than 20 feet back from the front lot line. Such sign shall be not more than three feet above the ground and shall read as follows, in legible lettering at least two inches:

[Amended 7-16-2002 by Ord. No. 139-2002]

"THE USE OF THIS SITE IS PROPOSED TO BE CHANGED AS FOLLOWS: (DESCRIBE PROPOSED CHANGE). THIS MATTER IS SUBJECT TO PUBLIC HEARING AT CITY HALL ON (GIVE DATE AND TIME)."

(3)

Prior to the first public hearing on the application, the applicant shall submit a notarized statement to the Board of Appeals certifying full compliance with the requirements set forth above.

Review by other agencies. If the land involved in an appeal or application lies within 500 feet of the boundary of any other municipality, the Secretary of the Board of Appeals on Zoning shall transmit to the Municipal Clerk of such other municipality a copy of the official notice of the public hearing thereon not later than the day after such notice appears in the official newspaper of the City, but the failure of the Secretary to do so shall not invalidate any decision, variance or permit made or granted by the Board of Appeals. In addition, copies shall be forwarded with a notice of public hearing to the Westchester County Planning Board pursuant to the requirements of §§ 239-l and 239-m of General Municipal Law and § 277.61 of the County Administrative Code.

Expiration. Unless a permit is obtained and work is commenced and diligently prosecuted within one year of the date of the granting of a variance or special permit, such variance or special permit shall become null and void.

Reapplication. After having been decided and determined, no appeal or other matter presented to the Board of Appeals shall again be presented to or entertained by said Board within a period of three years from the date of such decision or determination or, if renewed by the courts, within the same period after the final adjudication thereof, except upon a showing by the applicant or appellant that there has been a material change in the circumstances under consideration in the original proceeding, and the applicant or appellant so presenting a second appeal or application shall have the burden of establishing upon such new appeal or application the existence of such material change in circumstance.

Application procedures. All appeals and applications made to the Board of Appeals shall be in writing, on forms prescribed by the Board, and shall be accompanied by fees as established by the City Council, a current copy of which is available in the Bureau of Buildings.

Filing requirements. Every decision of the Board of Appeals on Zoning shall be filed in the Office of the City Clerk within five business days and shall be a public record. Such filing shall also be recorded in accordance with standard forms adopted by the Board and shall fully set forth the circumstances of the case and the findings on which the decision is based. Every decision of the Board of Appeals shall be by resolution, and each such resolution shall be filed in the office of the Board, by case number, together with all documents pertaining thereto. The Board of Appeals shall notify the Planning Board, the Building Official, the Fire Chief and each applicant of its decision in each case, in writing, upon the filing of its decision in the office of the Board. The failure of the Board of Appeals on Zoning to give notice as herein provided shall not invalidate any decision made by said Board, nor shall it affect the time of any applicant to appeal.

SEQRA. The Board of Appeals on Zoning shall comply with the provisions of the State Environmental Quality Review Act under Article 8 and its implementing regulations.

Decision. The Board of Appeals on Zoning shall decide on the appeal within 62 days after the holding of a public hearing. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.

Compliance. All the provisions of this chapter relating to the Board of Appeals on Zoning shall be strictly construed; the Board, as a body of limited jurisdiction, shall act in full conformity with all provisions of law and of this chapter and in strict compliance with all limitations contained therein; provided, however, that if the procedural requirements set forth in this chapter have been substantially observed, no applicant or appellant shall be deprived of the right of application or appeal.