A.
The Zoning Board of Appeals of the City of Yonkers, as heretofore
established by the City Council pursuant to § 81 of the
General City Law of the State of New York, is hereby maintained with
seven members. The present Chairperson and members shall continue
to hold office to the end of the period for which they were appointed,
and their successors shall be appointed by the Mayor upon advice and
consent of the City Council.
B.
If a vacancy shall occur otherwise than by expiration of term, the
Mayor, on the advice and consent of the City Council, shall appoint
a new member for the unexpired term.
C.
The Mayor shall have the power to remove, after a public hearing,
any member of the Zoning Board of Appeals for cause.
D.
Meetings of the Zoning Board of Appeals shall be held at sufficiently
frequent intervals at the discretion of the Board for the efficient
conduct of its business and, as necessary, at the call of the Chairperson.
Such Chairperson or, in his or her absence, the acting Chairperson
may administer oaths and compel the attendance of witnesses.
E.
The City Council may provide for compensation to be paid to experts,
clerks and a secretary and may provide for such other expenses as
may be necessary for the Zoning Board of Appeals to carry out its
duties, not exceeding the appropriation made for such purpose.
A.
Meetings, minutes and records. Meetings of the Zoning Board of Appeals
shall be open to the public. The Zoning Board of Appeals shall keep
minutes of its proceedings, showing the vote of each member upon every
question or, if absent or failing to vote, indicating such fact, and
shall keep records of its examinations and other official actions.
B.
Filing requirements. Every rule, regulation, every amendment or repeal
thereof, and every order, requirement, decision or determination of
the Zoning Board of Appeals shall be filed in the office of the City
Clerk within five business days and shall be a public record. All
such appeals and applications to the Zoning Board of Appeals shall
be made by the owner or agent duly authorized, in writing, and shall
be on forms prescribed by the Zoning Board of Appeals. Each appeal
or application shall fully set forth the circumstances of the case,
shall refer to the specific provision of the ordinance involved and
shall exactly set forth, as the case may be, the interpretation that
is claimed, the details of the adjustment that is applied for and
the grounds for which it is claimed that the same should be granted.
C.
Assistance to the Zoning Board of Appeals. The Zoning Board of Appeals
shall have the authority to call upon any department, agency or employee
of the City for such assistance as shall be deemed necessary.
A.
Hearing appeals. The Zoning Board of Appeals shall hear and decide
appeals from, and review any order, requirement, decision, interpretation
or determination made by, the Commissioner of the Department of Housing
and Buildings with respect to the enforcement of this chapter. The
disposition of any appeal shall be in the form of a decision either
reversing or affirming, wholly or partly, or modifying the order,
requirement or decision, interpretation or determination appealed
from. The concurring vote of four members shall be necessary to reverse
any order, requirement, decision or determination by the Commissioner
of the Department of Housing and Buildings, or to grant a use variance
or area variance. Such appeal may be taken by any person aggrieved,
or by an officer, department, board or bureau of the City.
B.
Time of appeal. Such appeal shall be taken within 60 days after the
filing in the City Clerk's office of any order, requirement, decision,
interpretation or determination of the Commissioner of the Department
of Housing and Buildings by filing with such Commissioner and with
the Zoning Board of Appeals a notice of appeal, specifying the grounds
thereof and the relief sought. The Commissioner of the Department
of Housing and Buildings from whom the appeal is taken shall forthwith
transmit to the Zoning Board of Appeals all the papers constituting
the record upon which the action appealed from was taken.
C.
Stay upon appeal. An appeal shall stay all proceedings in furtherance
of the action appealed from, unless the Commissioner of the Department
of Housing and Buildings, from whom the appeal is taken, certifies
to the Zoning Board of Appeals, after the notice of appeal shall have
been filed with the Commissioner of the Department of Housing and
Buildings, that by reason of facts stated in the certificate a stay
would, in his or her 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 a court of record on application, on notice to the Commissioner
of the Department of Housing and Buildings, from whom the appeal is
taken, and on due cause shown.
D.
Hearing and notice on appeal. The Zoning Board of Appeals shall fix
a reasonable time for the hearing of the appeal or other matter referred
to it and give public notice of such hearing by publication in a paper
of general circulation in the City at least five days prior to the
date thereof. The applicant shall cause written notice to be served
by registered or certified mail on all known property owners, as set
forth in the most recent record of the Assessor of the City of Yonkers,
within a radius of 200 feet of the lot lines of the parcel of land
for which the appeal has been filed, at least 10 days prior to such
hearing.
F.
Time of decision. The Zoning Board of Appeals shall decide upon the
appeal within 62 days after the conduct of said hearing. The time
within which the Zoning Board of Appeals must render its decision
may be extended by mutual consent of the applicant and the Board.
G.
Filing of decision and notice. The decision of the Zoning Board of
Appeals on the appeal shall be filed in the office of the City Clerk
within five business days after the day such decision is rendered
and a copy thereof mailed to the applicant.
H.
Compliance with State Environmental Quality Review Act. In reviewing
applications for use or area variances, the Zoning Board of Appeals
shall comply with the provisions of the State Environmental Quality
Review Act under Article 8 of the Environmental Conservation Law and
its implementing regulations.
I.
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing
to review any order, decision or determination of the Board not previously
reheard may be made by any member of the Board. A unanimous vote of
all members of the Zoning Board of Appeals then present is required
for such rehearing to occur. Such rehearing is subject to the same
notice provisions as an original hearing. Upon such rehearing, the
Zoning Board of Appeals may reverse, modify or annul its original
order, decision or determination upon the unanimous vote of all members
then present, provided that the Board of Zoning Appeals finds that
the rights vested in persons acting in good faith in reliance upon
the reheard order, decision or determination will not be prejudiced
thereby.
J.
Fees. Fees in the amount specified in § 43-212 shall be paid for all Zoning Board of Appeals reviews.
K.
Decisions relating to nonconforming uses, buildings or structures. As more fully set out in § 43-21 of this chapter, the Zoning Board of Appeals is also authorized to:
(1)
Extend the permitted period of time for cessation of a nonconforming use in accordance with the requirements of § 43-21C.
(2)
Review and approve, approve with modifications, or disapprove a plan for the reconstruction of a building or structure, the use of which is nonconforming or which is dimensionally nonconforming in accordance with the requirements of § 43-21E.
Any person or persons jointly or severally aggrieved by any
decision of the Zoning Board of Appeals or any office, department,
board or bureau of the City may apply to the Supreme Court of the
State of New York for review by a proceeding under Article 78 of the
Civil Practices Law and Rules. Such proceedings shall be instituted
within 30 days after the filing of a decision of the Zoning Board
of Appeals in the office of the City Clerk or the Department of Housing
and Buildings.
The Zoning Board of Appeals may reimburse a department, agency
or employee of the City, or a consultant, when used in connection
with reviews as provided herein. Costs incurred for such consultation,
as well as other extraordinary expenses in connection with reviews,
may be charged to the applicant. The Zoning Board of Adjustment may
condition the grant of variances or building permits on the payment
of such fees in full.
