[Amended 12-7-1988; 3-3-2010 by L.L. No. 3-2010]
A. A Zoning Board of Appeals is hereby established in accordance with
the provisions of the General City Law and other statutes of the State
of New York applicable thereto.
B. The Zoning Board of Appeals shall consist of seven members appointed
by the Mayor, each to serve for three years. The terms of those members
of the Board in office when this chapter takes effect shall continue
to the normal expiration dates of such terms respectively.
C. The Zoning Board of Appeals shall choose its own Chairman and, in
his absence, an Acting Chairman. All meetings of the Board of Appeals
shall be held at the call of the Chairman and at such other times
as the Board shall determine.
D. Such Chairman, or in his absence the Acting Chairman, may administer
oaths and compel the attendance of witnesses.
E. All meetings of the Board shall be open to the public; but after
all parties and owners of affected property who have appeared have
been heard, the Board may conduct its deliberations in executive session.
The Board shall keep minutes of its proceedings and decisions showing
the vote of each member on every question. If any member is absent
or fails to vote, the minutes shall indicate such fact. The minutes
of the Board shall also indicate the evidence submitted by all parties
and owners of affected property who have appeared, as the record on
which the Board's decisions are based.
F. The concurring vote of four members of the Board shall be necessary
to decide in favor of the applicant any matter upon which said Board
is required to pass under the provisions of this chapter.
G. The official office of the Zoning Board of Appeals shall be associated
with the Building Inspection Department, and all official minutes
shall be filed therein.
H. The Chairman of the Planning and Zoning Board shall serve on the
Zoning Board of Appeals in an ex officio capacity to establish the
necessary liaison between the respective boards.
I. Each member shall attend, in each calendar year, at least 75% of
all meetings.
The Board of Appeals shall, after due notice
and within a reasonable time, hear and decide every appeal and review
the particular order, requirements, decision or determination made
by the officer charged with enforcement of the regulations established
by this chapter. Upon the public hearing, any party or owner or occupant
of affected property may appear in person or by agent or attorney.
After the hearing, the Board may reverse or affirm, wholly or partly,
or may modify the particular order, requirements, decision or determination
as in its opinion should be made.