§ 85-55. Appeal procedure., Article V. Board of Zoning Appeals, Chapter 85. Zoning, Land Use Legislation, Code of Ordinances, Brookhaven

Appeals to the Board of Appeals concerning the interpretation or administration of this chapter may be taken by any person aggrieved or by any officer or department of the governing body of the Town affected by the decision of the administrative official.

All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board. The Board of Appeals shall fix a reasonable time for the hearing of the appeal and give public notice thereof, as well as due notice to the applicant.

The applicant shall mail notice at least 10 days prior to the hearing by either certified or registered mail, return receipt requested, to every property owner, as shown on the current Brookhaven assessment rolls and certified by the Department of the Assessor on a tax map excerpt radius map prepared by that Department within the area immediately adjacent and directly opposite thereto for a distance of 200 feet from the perimeter of the property; those properties from 201 feet to 500 feet shall be notified by regular mail, with the exception of applications seeking relief in connection with accessory structures, which radius notification of the hearing by certified or registered mail, return receipt requested, shall remain at 200 feet.

[Amended 2-14-2019 by L.L. No. 3-2019, effective 2-25-2019]

The following shall be submitted with such application:

(1)

A copy of the notice sent to property owners.

(2)

The Assessor-certified Tax Map excerpt radius map in duplicate, containing the names and addresses of the owners to whom notices were sent.

(3)

Return receipts.

(4)

An affidavit of mailing of the aforesaid notices.

(5)

Three surveys, giving an exact description and location of the property with all existing and proposed structures and setbacks from all property lines.

(6)

Radius map.

(a)

In the event that the application is for a variance based upon a claim of conformity with the lots and development in the surrounding area, the application must be accompanied by a radius map, prepared by a licensed engineer or licensed surveyor, depicting the following information:

[1]

Showing, by courses and distances, the property which is the subject of the application and all of the properties within 500 feet of the perimeter line of said property. This five-hundred-foot notice requirement shall be required for all applications submitted on or after the effective date of this amendment.

[2]

Showing to scale all structures within the area, indicating the use, and showing the current zoning of all areas depicted and showing the distance and direction of the nearest intersecting street.

(b)

All such radius maps shall contain the following certification: "I do hereby certify that the radius map accurately describes the uses of the property surrounding the subject premises as of (date). Signature

(c)

In the event that the application is for a variance other than lot area, the Chairman may waive the above requirements.

(7)

An affidavit of posting of the notice required herein.

Forms of notice shall be kept available at the office of the Board of Zoning Appeals.

Posting.

(1)

For applications involving variances or special permits on residential parcels, at least one poster, not less than one foot by two feet in size, must be conspicuously posted along each street frontage of the property which is the subject of the application at least 10 days prior to the date set for the public hearing before the Board of Zoning Appeals. For applications involving variances or special permits on commercial or industrial parcels, said poster must be not less than three feet by four feet in size and must be conspicuously posted along each street frontage of the property which is the subject of the application at least 10 days prior to the date set for the public hearing before the Board of Zoning Appeals. Such posters shall contain the following information. This ten-day posting requirement shall be required for all applications submitted on or after the effective date of this amendment.

(a)

A brief explanation of the proposed variance or special permit requested.

(b)

That a public hearing will be held before the Board of Appeals at a specified date, and the time and place with regard to the proposed hearing.

(2)

Said poster must remain in place until the public hearing has been completed and must be removed not later than seven days thereafter. The applicant or applicant's agent shall verify that said poster is still in place on a daily basis, and shall promptly replace said poster should it be removed or defaced.

(3)

The Board of Zoning Appeals shall adopt regulations governing the format of said poster and the manner and place in which it is posted. Said Board may require the applicant to use a poster supplied by it, in which event the Board of Appeals may set a fee to cover the cost of said poster.