[Amended 9-19-1978 by Ord. No. 3-1978; 4-20-2004 by L.L. No. 3-2004]
There shall be a Zoning Board of Appeals of
seven members as provided by law.
The Zoning Board of Appeals shall have all the
powers and duties prescribed by law and by this chapter, which are
more particularly specified as follows, provided that none of the
following provisions shall be deemed to limit any power of said Board
that is conferred by law:
A.
Interpretation. On appeal from an order, requirement,
decision or determination made by an administrative official or on
request by any official, board or agency of the City to decide any
of the following questions:
B.
Variances. To authorize a use variance or area variance
in accordance with the requirements of § 81-b of the General
City Law.
C.
Temporary certificate of occupancy. To authorize,
upon denial of a certificate of occupancy, the issuance of a temporary
certificate of occupancy for a period not to exceed 90 days during
the completion of any alterations that are required under the provision
of any law or ordinance or for a part of a partially completed building.
Such temporary certificate shall not be construed as in any way altering
the respective rights, duties or obligations of the owner or of the
City respective to the use or occupancy of the land or building or
any other matter covered by this chapter. No such temporary certificate
of occupancy shall be issued unless the Board finds:
(1)
That denial of a certificate of occupancy prior to
completion of the alterations or of the building would cause unnecessary
hardship; and
(2)
That the safety of the occupants of the building and
of adjacent buildings and land would be adequately assured under such
terms and conditions as the Board may prescribe.
The powers and duties of the Zoning Board of
Appeals shall be exercised in accordance with its own rules of conduct
and procedure, which rules shall be consistent with and pursuant to
all the provisions of City law applicable thereto.
A.
In addition, at least 10 days before the date of any
public hearing, the Building Inspector shall transmit to the Secretary
of the Planning Board a copy of any appeal or application, together
with a copy of the notice of such hearing. The Planning Board shall
submit to the Zoning Board of Appeals an advisory opinion on said
appeal or application at any time prior to the public hearing, and
such opinion shall be made known to the public at such hearing and
made part of the official record thereof.
B.
Unless work is commenced and diligently pursued within
one year of the date of the granting of a variance or special permit,
such variance or permit shall become null and void.
C.
All appeals and applications made to the Zoning Board
of Appeals shall be in writing, on forms prescribed by the Board,
and shall be accompanied by a fee which shall be determined by the
rules and regulations of the Zoning Board of Appeals.
D.
Every appeal or application shall refer to the specific
provisions of the chapter involved and shall exactly set forth the
interpretation that is claimed, the use for which the special permit
is sought or the details of the variance that is applied for and the
grounds on which it is claimed that the variance should be granted,
as the case may be.
E.
Every decision of the Zoning Board of Appeals shall
be recorded in accordance with standard forms adopted by the Board
and shall fully set forth the circumstances of the case and shall
contain a full record of the findings on which the decision is based.
Every decision of the Zoning Board of Appeals shall be recorded and
filed with the City Clerk by case number, together with all documents
pertaining thereto.
F.
All the provisions of this chapter relating to the
Zoning Board of Appeals shall be strictly construed; the Board, as
a body of limited jurisdiction, shall act in full conformity with
all provisions of law and of this chapter and in strict compliance
with all limitations contained herein; provided, however, that if
the procedural requirements set forth in this chapter have been substantially
observed, no applicant or appellant shall be deprived of the right
of application or appeal.
