§ 81-A — Board of appeals procedure

New York § 81-A

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

Text

§ 81-a. Board of appeals procedure. 1. Meetings, minutes, records.\nMeetings of such board of appeals shall be open to the public to the\nextent provided in article seven of the public officers law. Such board\nof appeals shall keep minutes of its proceedings, showing the vote of\neach member upon every question, or if absent or failing to vote,\nindicating such fact, and shall also keep records of its examinations\nand other official actions.\n 2. Filing requirements. Every rule, regulation, every amendment or\nrepeal thereof, and every order, requirement, decision or determination\nof the board of appeals shall be filed in the office of the city clerk\nwithin five business days and shall be a public record.\n 3. Assistance to the board of appeals. Such board shall have the\nauthority to call upon any department, agency or employee of the city\nfor such assistance as shall be deemed necessary and as shall be\nauthorized by the legislative body. Such department, agency or employee\nmay be reimbursed for any expenses incurred as a result of such\nassistance.\n 4. Hearing appeals. Unless otherwise provided by local law or\nordinance, the jurisdiction of the board of appeals shall be appellate\nonly and shall be limited to hearing and deciding appeals from and\nreviewing any order, requirement, decision, interpretation, or\ndetermination, made by the administrative official charged with the\nenforcement of any ordinance or local law adopted pursuant to this\narticle. Such appeal may be taken by any person aggrieved, or by an\nofficer, department, board or bureau of the city.\n 5. Filing of administrative decision and time of appeal. (a) Each\norder, requirement, decision, interpretation or determination of the\nadministrative official charged with the enforcement of the zoning local\nlaw or ordinance shall be filed in the office of such administrative\nofficial within five business days from the day it is rendered, and\nshall be a public record. Alternately, the legislative body of the city\nmay, by resolution, require that such filings instead be made in the\ncity clerk's office.\n (b) An appeal shall be taken within sixty days after the filing of any\norder, requirement, decision, interpretation or determination of the\nadministrative official, by filing with such administrative official and\nwith the board of appeals a notice of appeal, specifying the grounds\nthereof and the relief sought. The administrative official from whom the\nappeal is taken shall forthwith transmit to the board of appeals all the\npapers constituting the record upon which the action appealed from was\ntaken.\n 6. Stay upon appeal. An appeal shall stay all proceedings in\nfurtherance of the action appealed from, unless the administrative\nofficial charged with the enforcement of such ordinance or local law,\nfrom whom the appeal is taken, certifies to the board of appeals, after\nthe notice of appeal shall have been filed with the administrative\nofficial, that by reason of facts stated in the certificate a stay\nwould, in his or her opinion, cause imminent peril to life or property,\nin which case proceedings shall not be stayed otherwise than by a\nrestraining order which may be granted by the board of appeals or by a\ncourt of record on application, on notice to the administrative official\nfrom whom the appeal is taken and on due cause shown.\n 7. Hearing on appeal. The board of appeals shall fix a reasonable time\nfor the hearing of the appeal or other matter referred to it and give\npublic notice of such hearing by publication in a paper of general\ncirculation in the city at least five days prior to the date thereof.\nThe cost of sending or publishing any notices relating to such appeal,\nor a reasonable fee relating thereto, shall be borne by the appealing\nparty and shall be paid to the board prior to the hearing of such\nappeal. Upon the hearing, any party may appear in person, or by agent or\nattorney.\n 8. Time of decision. The board of appeals shall decide upon the appeal\nwithin sixty-two days after the conduct of said hearing. The time within\nwhich the board of appeals must render its decision may be extended by\nmutual consent of the applicant and the board.\n 9. Filing of decision and notice. The decision of the board of appeals\non the appeal shall be filed in the office of the city clerk or the\nzoning office if such office has been established, within five business\ndays after the day such decision is rendered, and a copy thereof mailed\nto the applicant.\n 10. Notice to park commission and county planning board or agency or\nregional planning council. At least five days before such hearing, the\nboard of appeals shall mail notices thereof to the parties; to the\nregional state park commission having jurisdiction over any state park\nor parkway within five hundred feet of the property affected by such\nappeal; and to the county planning board or agency or regional planning\ncouncil, as required by section two hundred thirty-nine-m of the general\nmunicipal law, which notice shall be accompanied by a full statement of\nsuch proposed action, as defined in subdivision one of section two\nhundred thirty-nine-m of the general municipal law.\n 11. Compliance with state environmental quality review act. The board\nof appeals shall comply with the provisions of the state environmental\nquality review act under article eight of the environmental conservation\nlaw and its implementing regulations.\n 12. Rehearing. A motion for the zoning board of appeals to hold a\nrehearing to review any order, decision or determination of the board\nnot previously reheard may be made by any member of the board. A\nunanimous vote of all members of the board then present is required for\nsuch rehearing to occur. Such rehearing is subject to the same notice\nprovisions as an original hearing. Upon such rehearing the board may\nreverse, modify or annul its original order, decision or determination\nupon the unanimous vote of all members then present, provided the board\nfinds that the rights vested in persons acting in good faith in reliance\nupon the reheard order, decision or determination will not be prejudiced\nthereby.\n 13. Voting requirements. (a) Decision of the board. Except as\notherwise provided in subdivision twelve of this section, every motion\nor resolution of a board of appeals shall require for its adoption the\naffirmative vote of a majority of all the members of the board of\nappeals as fully constituted regardless of vacancies or absences. Where\nan action is the subject of a referral to the county planning agency or\nregional planning council the voting provisions of section two hundred\nthirty-nine-m of the general municipal law shall apply.\n (b) Default denial of appeal. In exercising its appellate jurisdiction\nonly, if an affirmative vote of a majority of all members of the board\nis not attained on a motion or resolution to grant a variance or reverse\nany order, requirement, decision or determination of the enforcement\nofficial within the time allowed by subdivision eight of this section,\nthe appeal is denied. The board may amend the failed motion or\nresolution and vote on the amended motion or resolution within the time\nallowed without being subject to the rehearing process as set forth in\nsubdivision twelve of this section.\n