A.
A Board of Appeals is hereby established in accordance
with the provisions of the General City Law applicable thereto. The
Board shall consist of six members appointed by the Mayor, each to
serve for a term of three years. The term of office of the successor
of such members shall be three years. All members of the Board shall
be residents of the city. The Board may elect one of its members as
Chairman if the Mayor has not designated one of its members as Chairman.
In the event of any vacancies on the Board, the Mayor shall appoint
a new member to serve the unexpired term. All members shall continue
in office until their successors have been duly appointed and qualified.
[Amended 9-5-1996 by Ord. No. 1638]
B.
Rules of procedure may be adopted by the Board of
Appeals for the conduct of its business, provided that such rules
and any amendments and additions thereto are a part of its written
record and that they are in conformity with law and the provisions
of this chapter.
An appeal from a determination of the enforcement
officer may be taken by any aggrieved person; or by an officer, department
or board of the city. Such an appeal may be taken within such time
as the Board of Appeals shall specify in its rules of procedure. All
appeals shall be made, in writing, on a form provided by the Board.
Appeals shall be submitted to the enforcement officer, who shall then
transmit to the Board all the papers constituting the record upon
which the action appealed from was taken. A fee of $25 shall be charged
for each appeal to the Board.
The Board of Appeals shall have the power and
duties prescribed by statute and by this chapter, which powers and
duties are hereby summarized and more particularly specified:
A.
Interpretation. On appeal from a determination of
the enforcement officer, or on request by an official, department
or board of the city, the Board of Appeals shall decide any question
involving the interpretation of any provision of this chapter.
B.
Variances. On appeal from a determination of the enforcement
officer, the Board of Appeals may grant a variance where the strict
application of this chapter would result in practical difficulty or
unnecessary hardship.
All decisions of the Board of Appeals shall
be in writing, and a copy of each decision shall be sent to the applicant
and to the enforcement officer. The Board shall also retain in its
files a copy of each decision, which files shall be available for
inspection by the public. Each decision shall set forth fully the
reasons for the decision of the Board and the findings of facts on
which the decision was based.
The Board of Appeals shall report to the General
Manager periodically, at intervals of not greater than six months.
The report shall summarize all applications and appeals made to it
since the last report and shall contain a summary of the Board's decisions
on each case. A copy of the report shall be filed with the enforcement
officer, the Planning Board and the City Council. The Board of Appeals
may also submit to the City Council or Planning Board advisory reports
recommending changes or modifications in this chapter.
