2023 New York Laws › GCT - General City › Article 5-A - Buildings and Use Districts › 81 - Zoning Board of Appeals.

§ 81. Zoning board of appeals. 1. Appointment of members. The mayor or
in  a  city having a city manager, the city manager of any city to which
subdivisions twenty-four and  twenty-five  of  section  twenty  of  this
chapter  are  applicable, shall appoint a board of appeals consisting of
three or five members as shall be determined by local law  or  ordinance
and  shall  designate  the  chairperson  thereof.  In the absence of the
chairperson the board of appeals may designate  a  member  to  serve  as
acting chairperson. The legislative body may provide for compensation to
be  paid  to  experts, clerks and a secretary and provide for such other
expenses as may be necessary and proper, not exceeding the appropriation
made for such purpose.
2. Legislative body members ineligible. No person who is a  member  of
the  legislative  body  of  the city shall be eligible for membership on
such board of appeals.
3. Terms of members first appointed. In the creation of a new board of
appeals, or the reestablishment of  terms  of  an  existing  board,  the
appointment of members to the board shall be for terms so fixed that one
member's term shall expire at the end of the official year in which such
members  were initially appointed. The remaining members' terms shall be
so fixed that one member's term shall expire at the end of each official
year  thereafter.  At  the  expiration   of   each   original   member's
appointment,  the replacement member shall be appointed for a term which
shall be equal in years to the number of members of the board.
4. Terms of members now in office.  Members  now  holding  office  for
terms  which  do  not expire at the end of the official year shall, upon
the expiration of their term, hold office until the end of the  official
year  and their successors shall then be appointed for terms which shall
be equal in years to the number of members of the board.
5. Increasing membership. The legislative body may, by  local  law  or
ordinance,  increase  a  three  member board of appeals to five members.
Additional members shall be first appointed for single  terms  in  order
that  the terms of members shall expire in each of five successive years
and their successors shall thereafter be appointed  for  full  terms  of
five   years.   No  such  additional  member  shall  take  part  in  the
consideration of any matter for which an application was  on  file  with
the board of appeals at the time of his or her appointment.
6.  Decreasing  membership. A legislative body which has increased the
number of members of the board of appeals to five may, by local  law  or
ordinance,  decrease  the  number  of members of the board of appeals to
three to take effect upon the next two expirations of terms.  Any  board
of  appeals  which,  upon  the  effective date of this section has seven
members, may continue to act as  a  duly  constituted  zoning  board  of
appeals  until  the legislative body, by local law or ordinance, reduces
such membership to three or five. However, no incumbent shall be removed
from office except upon the expiration of his or her term.
7. Vacancy in office. If a  vacancy  shall  occur  otherwise  than  by
expiration  of  term,  the mayor or in a city having a city manager, the
city manager shall appoint the new member for the unexpired term.
7-a. Training and attendance requirements.  (a)  Each  member  of  the
board  of  appeals  in a city, except a city having a population of more
than one million, shall complete, at a minimum, four hours  of  training
each  year designed to enable such members to more effectively carry out
their duties. Training received by a member in excess of four  hours  in
any  one year may be carried over by the member into succeeding years in
order to meet the requirements of this subdivision. Such training  shall
be  approved by the legislative body and may include, but not be limited
to, training provided by a municipality,  regional  or  county  planning
office   or   commission,  county  planning  federation,  state  agency,

statewide  municipal  association,  college  or  other  similar  entity.
Training  may  be  provided  in  a variety of formats, including but not
limited to, electronic media, video, distance learning  and  traditional
classroom training.
(b)  To be eligible for reappointment to such board, such member shall
have completed the training  promoted  by  the  city  pursuant  to  this
subdivision.
(c)  The  training  required  by  this  subdivision  may  be waived or
modified by resolution of the legislative body of the city when, in  the
judgement  of  such  legislative body, it is in the best interest of the
city to do so.
(d) No decision of a board of appeals  shall  be  voided  or  declared
invalid because of a failure to comply with this subdivision.
8.  Removal  of members. The mayor or in a city having a city manager,
the city manager shall have the power to remove, after  public  hearing,
any member of the zoning board of appeals for cause. Any zoning board of
appeals  member  may  be  removed  for  non-compliance  with any minimum
requirements relating to meeting attendance and training as  established
by the legislative body by local law or ordinance.
9.  Compatibility  of offices. The municipal officials or employees on
such board shall not, by reason of  membership  thereon,  forfeit  their
right  to  exercise  the  powers,  perform  the  duties  or  receive the
compensation of the municipal office or position  held  by  them  during
such  membership. No municipal officer or employee shall be appointed to
the zoning board of appeals in the event such officer or employee cannot
carry out the duties of his or her position without a  conflict  in  the
performance  of  his  or  her  duties as a member of the zoning board of
appeals.
10. Chairperson duties. All meetings of the board of appeals shall  be
held  at  the  call  of  the chairperson and at such other times as such
board may determine. Such chairperson, or in his  or  her  absence,  the
acting  chairperson,  may  administer oaths and compel the attendance of
witnesses.
11. Alternate members. (a) The legislative body of each city except  a
city  having  a population of more than one million may, by local law or
ordinance, or as part of the local law or ordinance creating the  zoning
board  of  appeals,  establish  alternate zoning board of appeals member
positions for purposes of substituting for a member in  the  event  such
member  is  unable  to  participate  because  of a conflict of interest.
Alternate members of the zoning board of appeals shall be  appointed  by
the  mayor  or  other  duly  authorized  appointing authority, for terms
established by the legislative body of the city.
(b) The chairperson of the zoning board of appeals  may  designate  an
alternate  member  to substitute for a member when such member is unable
to participate because of a conflict of interest on  an  application  or
matter  before the board. When so designated, the alternate member shall
possess all the powers and responsibilities of such member of the board.
Such designation shall be entered into the minutes of the initial zoning
board of appeals meeting at which the substitution is made.
(c) All provisions of this section relating to zoning board of appeals
member  training  and  continuing  education,  attendance,  conflict  of
interest,   compensation,   eligibility,  vacancy  in  office,  removal,
compatibility of office and service on other boards, shall also apply to
alternate members.