§ 81 — Zoning board of appeals

New York § 81

• Jurisdiction: New York
• Law GCT: General City
• Art. 5-A: Buildings and Use Districts

Text

§ 81. Zoning board of appeals. 1. Appointment of members. The mayor or\nin a city having a city manager, the city manager of any city to which\nsubdivisions twenty-four and twenty-five of section twenty of this\nchapter are applicable, shall appoint a board of appeals consisting of\nthree or five members as shall be determined by local law or ordinance\nand shall designate the chairperson thereof. In the absence of the\nchairperson the board of appeals may designate a member to serve as\nacting chairperson. The legislative body may provide for compensation to\nbe paid to experts, clerks and a secretary and provide for such other\nexpenses as may be necessary and proper, not exceeding the appropriation\nmade for such purpose.\n 2. Legislative body members ineligible. No person who is a member of\nthe legislative body of the city shall be eligible for membership on\nsuch board of appeals.\n 3. Terms of members first appointed. In the creation of a new board of\nappeals, or the reestablishment of terms of an existing board, the\nappointment of members to the board shall be for terms so fixed that one\nmember's term shall expire at the end of the official year in which such\nmembers were initially appointed. The remaining members' terms shall be\nso fixed that one member's term shall expire at the end of each official\nyear thereafter. At the expiration of each original member's\nappointment, the replacement member shall be appointed for a term which\nshall be equal in years to the number of members of the board.\n 4. Terms of members now in office. Members now holding office for\nterms which do not expire at the end of the official year shall, upon\nthe expiration of their term, hold office until the end of the official\nyear and their successors shall then be appointed for terms which shall\nbe equal in years to the number of members of the board.\n 5. Increasing membership. The legislative body may, by local law or\nordinance, increase a three member board of appeals to five members.\nAdditional members shall be first appointed for single terms in order\nthat the terms of members shall expire in each of five successive years\nand their successors shall thereafter be appointed for full terms of\nfive years. No such additional member shall take part in the\nconsideration of any matter for which an application was on file with\nthe board of appeals at the time of his or her appointment.\n 6. Decreasing membership. A legislative body which has increased the\nnumber of members of the board of appeals to five may, by local law or\nordinance, decrease the number of members of the board of appeals to\nthree to take effect upon the next two expirations of terms. Any board\nof appeals which, upon the effective date of this section has seven\nmembers, may continue to act as a duly constituted zoning board of\nappeals until the legislative body, by local law or ordinance, reduces\nsuch membership to three or five. However, no incumbent shall be removed\nfrom office except upon the expiration of his or her term.\n 7. Vacancy in office. If a vacancy shall occur otherwise than by\nexpiration of term, the mayor or in a city having a city manager, the\ncity manager shall appoint the new member for the unexpired term.\n 7-a. Training and attendance requirements. (a) Each member of the\nboard of appeals in a city, except a city having a population of more\nthan one million, shall complete, at a minimum, four hours of training\neach year designed to enable such members to more effectively carry out\ntheir duties. Training received by a member in excess of four hours in\nany one year may be carried over by the member into succeeding years in\norder to meet the requirements of this subdivision. Such training shall\nbe approved by the legislative body and may include, but not be limited\nto, training provided by a municipality, regional or county planning\noffice or commission, county planning federation, state agency,\nstatewide municipal association, college or other similar entity.\nTraining may be provided in a variety of formats, including but not\nlimited to, electronic media, video, distance learning and traditional\nclassroom training.\n (b) To be eligible for reappointment to such board, such member shall\nhave completed the training promoted by the city pursuant to this\nsubdivision.\n (c) The training required by this subdivision may be waived or\nmodified by resolution of the legislative body of the city when, in the\njudgement of such legislative body, it is in the best interest of the\ncity to do so.\n (d) No decision of a board of appeals shall be voided or declared\ninvalid because of a failure to comply with this subdivision.\n 8. Removal of members. The mayor or in a city having a city manager,\nthe city manager shall have the power to remove, after public hearing,\nany member of the zoning board of appeals for cause. Any zoning board of\nappeals member may be removed for non-compliance with any minimum\nrequirements relating to meeting attendance and training as established\nby the legislative body by local law or ordinance.\n 9. Compatibility of offices. The municipal officials or employees on\nsuch board shall not, by reason of membership thereon, forfeit their\nright to exercise the powers, perform the duties or receive the\ncompensation of the municipal office or position held by them during\nsuch membership. No municipal officer or employee shall be appointed to\nthe zoning board of appeals in the event such officer or employee cannot\ncarry out the duties of his or her position without a conflict in the\nperformance of his or her duties as a member of the zoning board of\nappeals.\n 10. Chairperson duties. All meetings of the board of appeals shall be\nheld at the call of the chairperson and at such other times as such\nboard may determine. Such chairperson, or in his or her absence, the\nacting chairperson, may administer oaths and compel the attendance of\nwitnesses.\n 11. Alternate members. (a) The legislative body of each city except a\ncity having a population of more than one million may, by local law or\nordinance, or as part of the local law or ordinance creating the zoning\nboard of appeals, establish alternate zoning board of appeals member\npositions for purposes of substituting for a member in the event such\nmember is unable to participate because of a conflict of interest.\nAlternate members of the zoning board of appeals shall be appointed by\nthe mayor or other duly authorized appointing authority, for terms\nestablished by the legislative body of the city.\n (b) The chairperson of the zoning board of appeals may designate an\nalternate member to substitute for a member when such member is unable\nto participate because of a conflict of interest on an application or\nmatter before the board. When so designated, the alternate member shall\npossess all the powers and responsibilities of such member of the board.\nSuch designation shall be entered into the minutes of the initial zoning\nboard of appeals meeting at which the substitution is made.\n (c) All provisions of this section relating to zoning board of appeals\nmember training and continuing education, attendance, conflict of\ninterest, compensation, eligibility, vacancy in office, removal,\ncompatibility of office and service on other boards, shall also apply to\nalternate members.\n