Kings County Zoning Code § 1813 Action of the Board

A. When a decision of the Zoning Administrator on a Variance application or on an application for extension of a Variance, or on the revocation of a Variance is brought before the Board of Supervisors, either on appeal or on its own motion, the Board may affirm, reverse or modify the decision of the Zoning Administrator provided, however, that
1. The Board may not reverse a decision of the Zoning Administrator denying an application for a Variance or denying an application for an extension of a Variance unless the Board, on the basis of the record transmitted by the Zoning Administrator, is able to make the findings prerequisite to the granting of a Variance as prescribed and set forth in Section 1807 above.
2. The Board may not modify a decision of the Zoning Administrator granting a Variance or an application for a extension of a Variance unless the Board shall, on the basis of the record transmitted by the Zoning Administrator is able to make the findings prerequisite to the granting of a Variance as prescribed and set forth in Section 1807 above.
B. A Variance application or an application for extension of a Variance which has been the subject of an appeal to the Board of Supervisors or which has been the subject of review by the Board, shall become effective three days after the date on which the application for the Variance permit or the application for extension of the Variance is granted and approved by the Board.
C. The revocation of a Variance which has been the subject of an appeal to the Board of Supervisors or which has been the subject of review by the Board shall become effective three days after the decision of the Board to revoke the Variance.
D. The decision of the Board shall be final and effective on the day of action, unless otherwise required by state law.
E. The Clerk of the Board of Supervisors shall within three days after the date of the decision of the Board, give written notice of the decision, by mail, to the applicant and/or appellant (if the applicant is not the appellant) and to the Zoning Administrator.

Sec. 1814. New Application: Following the denial of a Variance application or the revocation of a Variance, no application for the same or substantially the same Variance on the same or substantially the same site shall be filed within 12 months of the date of denial of the Variance application or revocation of the Variance.

Art. 18 Page 18 - 6

Variances

DEVELOPMENT CODE

Article 19. Public Hearing Procedures

Sections:

Sec. 1901 - Purpose and Objectives Sec. 1902 - Public Hearing Notice
Sec. 1903 - Method of Giving Notice
Sec. 1904 - Contents of the Public Hearing Notice Sec. 1905 - Timing of the Hearing Sec. 1906 - Rules for Conducting Public Hearings

Sec. 1901. Purpose and Objectives: There are three principal purposes for this article. The first purpose of the article is to establish uniform procedures for public hearings notices required by this Development Code. The second purpose of the article is to establish uniform rules for conducting public hearings required by this Development Code. The third purpose of the article is to establish standard fees and application forms for the various types of applications required to initiate proceedings for the various actions identified by this Development Code. These forms provide the Zoning Administrator and the Planning Commission with the necessary information to determine whether the application is consistent with the intentions and purposes of the Development Code.

All proceedings carried out under this article or information required by this article, to evaluate an application are secondary to any requirement of state law. Therefore, if there is a difference between this article and state law, the proceedings or information required by state law shall prevail.