[Adopted 5-15-2017 by Ord. No. 26.31.17[1]]
[1]
Editor’s Note: This ordinance also repealed former Part 35, Office of the City Archaeologist, adopted 3-15-2004 by L.L. No. 3-2004, as amended.
[Amended 12-20-2021 by Ord. No. 43.112.20[1]]
Pursuant to § 81 of the General City Law of the State of New York, there is hereby established a Board of Zoning Appeals (BZA) consisting of five members appointed by the Mayor and subject to the advice and consent of the Common Council in accordance with Section 301 of the City Charter.
[1]
Editor's Note: This ordinance also stated that members of the Board of Zoning Appeals serving at the time this ordinance was passed shall continue in office as members of the Board hereby established and that those terms vacant at the time the ordinance was passed or which expired on 12-31-2021 are eliminated to the extent necessary to effectuate the reconstituted Board of Zoning Appeals.
[Amended 11-3-2025 by Ord. No. 3.41.25]
A. 
The Board of Zoning Appeals shall have the power and duty to hear and decide appeals from any orders, requirements, decisions or determinations made by a City administrative official interpreting or implementing the provisions of Chapter 375, or as otherwise provided by law.
B. 
The Board may interpret the provisions of Chapter 375, grant or deny variances as therein provided.
C. 
The Board shall hear and decide appeals from the decision or determination of the City Clerk relative to the issuance of an accessory entertainment license pursuant to Part 3 of Chapter 111 of the Code of the City of Albany and as called upon by any other chapters in the Albany City Code.
A. 
The members of the Board serving during the effective date of Chapter 375 shall continue in office as members of the Board.
B. 
The Mayor shall appoint subsequent Board members to five-year terms. Terms shall begin January 1 and expire at 12:00 midnight on December 31. A member shall continue to serve until a successor is appointed.
[Amended 12-20-2021 by Ord. No. 43.112.20[1]]
[1]
Editor's Note: This ordinance also stated that beginning with terms expiring on 12-31-2021, members will be appointed so that one term expires 12-31-2022, one term expires 12-31-2023, one term expires 12-31-2024, one term expires 12-31-2025, and one term expires 12-31-2026, and that upon the expiration of each term, the Mayor shall appoint subsequent Board of Zoning Appeals members to five-year terms.
C. 
An appointment to fill a vacancy occurring prior to the expiration of a term shall be for the remainder of the unexpired term. Board members may be compensated at a rate determined by the Board of Estimate and Apportionment.
The Mayor shall appoint a Board Chair, and the Board shall elect a Vice Chair from among its members. The Chair shall preside over all Board meetings. The Vice Chair shall preside over Board meetings in the absence of the Chair. If both the Chair and the Vice Chair are absent, the Board shall vote to determine who shall serve as acting Chair for the meeting.
A. 
Meetings of the Board shall be held at least once a month on a regular schedule established by the Board members, with additional meetings to be held at the call of the Chair if determined to be necessary.
B. 
All Board meetings shall be open to the public and held in strict compliance with Article 7 of the New York State Public Officers Law. All proceedings, including all deliberations of the Board, shall be open to the public.
C. 
The presence of three members shall constitute a quorum of the Board. The concurring vote of three members shall be required to carry out any action of the Board, except as may be statutorily required.
[Amended 12-20-2021 by Ord. No. 43.112.20]
D. 
The Board shall keep minutes of its proceedings and shall keep records of all votes taken and all official actions. All Board records shall be part of the public record and shall be kept on file in the office of the Chief Planning Official and that of the City Clerk.
E. 
All meetings shall comply with Chapter 34 (Meetings) of the Albany Code.