Unless otherwise specified by the Board of Appeals,
a decision on any appeal or request for a variance shall expire if
the applicant fails to obtain any necessary building permit or to
comply with the conditions of said authorized permit within six months
from the date of authorization thereof.
[Amended 10-3-1994 by L.L. No. 2-1994]
An appeal shall stay all proceedings in furtherance
of the action appealed from unless the Code Enforcement Officer certifies
for the Board of Appeals, after the notice of appeal shall have been
filed, that by reason of facts stated in the certificate a stay would,
in his opinion, cause imminent peril to life or property, in which
case proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Board of Appeals or by the court
of record on application, on notice to the Code Enforcement Officer
and on due cause shown.
All decisions of the Board of Appeals are subject
to court review in accordance with applicable laws of the State of
New York.
[Added 10-3-1994 by L.L. No. 2-1994]
A. Adjournment. Upon the day for hearing any application
or appeal, the Board of Appeals may adjourn the hearing for a reasonable
period for the purpose of causing such further notice as it deems
proper to be served upon such other property owners as it decides
may be interested in said application or appeal.
B. Required interval for hearings on applications and
appeals after denial. Whenever the Board, after hearing all the evidence
presented upon an application or appeal under the provisions of this
chapter, denies the same, the Board of Appeals shall refuse to hold
further hearings on said or a substantially similar application or
appeal by the same applicant, his successor or assign for a period
of one year, except and unless the Board of Appeals shall find and
determine from the information supplied by the request for a rehearing
that changed conditions have occurred relating to the promotion of
the public health, safety, convenience, comfort, prosperity and general
welfare and that a reconsideration is justified. Such rehearing would
be allowable only upon a motion initiated by a member of the Board
of Appeals and adopted by the unanimous vote of the members present,
but not less than a majority of all members.