The Zoning Board of Appeals of the City of Yonkers, as heretofore established by the City Council pursuant to § 81 of the General City Law of the State of New York, is hereby maintained with seven members. The present Chairperson and members shall continue to hold office to the end of the period for which they were appointed, and their successors shall be appointed by the Mayor upon advice and consent of the City Council.

If a vacancy shall occur otherwise than by expiration of term, the Mayor, on the advice and consent of the City Council, shall appoint a new member for the unexpired term.

The Mayor shall have the power to remove, after a public hearing, any member of the Zoning Board of Appeals for cause.

Meetings of the Zoning Board of Appeals shall be held at sufficiently frequent intervals at the discretion of the Board for the efficient conduct of its business and, as necessary, at the call of the Chairperson. Such Chairperson or, in his or her absence, the acting Chairperson may administer oaths and compel the attendance of witnesses.

The City Council may provide for compensation to be paid to experts, clerks and a secretary and may provide for such other expenses as may be necessary for the Zoning Board of Appeals to carry out its duties, not exceeding the appropriation made for such purpose.

Meetings, minutes and records. Meetings of the Zoning Board of Appeals shall be open to the public. The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions.

Filing requirements. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Zoning Board of Appeals shall be filed in the office of the City Clerk within five business days and shall be a public record. All such appeals and applications to the Zoning Board of Appeals shall be made by the owner or agent duly authorized, in writing, and shall be on forms prescribed by the Zoning Board of Appeals. Each appeal or application shall fully set forth the circumstances of the case, shall refer to the specific provision of the ordinance involved and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the adjustment that is applied for and the grounds for which it is claimed that the same should be granted.

Assistance to the Zoning Board of Appeals. The Zoning Board of Appeals shall have the authority to call upon any department, agency or employee of the City for such assistance as shall be deemed necessary.

Hearing appeals. The Zoning Board of Appeals shall hear and decide appeals from, and review any order, requirement, decision, interpretation or determination made by, the Commissioner of the Department of Housing and Buildings with respect to the enforcement of this chapter. The disposition of any appeal shall be in the form of a decision either reversing or affirming, wholly or partly, or modifying the order, requirement or decision, interpretation or determination appealed from. The concurring vote of four members shall be necessary to reverse any order, requirement, decision or determination by the Commissioner of the Department of Housing and Buildings, or to grant a use variance or area variance. Such appeal may be taken by any person aggrieved, or by an officer, department, board or bureau of the City.

Time of appeal. Such appeal shall be taken within 60 days after the filing in the City Clerk's office of any order, requirement, decision, interpretation or determination of the Commissioner of the Department of Housing and Buildings by filing with such Commissioner and with the Zoning Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The Commissioner of the Department of Housing and Buildings from whom the appeal is taken shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.

Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Commissioner of the Department of Housing and Buildings, from whom the appeal is taken, certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed with the Commissioner of the Department of Housing and Buildings, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the Commissioner of the Department of Housing and Buildings, from whom the appeal is taken, and on due cause shown.

Hearing and notice on appeal. The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice of such hearing by publication in a paper of general circulation in the City at least five days prior to the date thereof. The applicant shall cause written notice to be served by registered or certified mail on all known property owners, as set forth in the most recent record of the Assessor of the City of Yonkers, within a radius of 200 feet of the lot lines of the parcel of land for which the appeal has been filed, at least 10 days prior to such hearing.

Posting of signs. In addition to the provision of notice as prescribed in § 43-144D and H (this section) of this chapter, the applicant for a use or area variance shall post signs in accordance with the provision of Article XII, § 43-156, Posting of signs, of this chapter.

Time of decision. The Zoning Board of Appeals shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.

Filing of decision and notice. The decision of the Zoning Board of Appeals on the appeal shall be filed in the office of the City Clerk within five business days after the day such decision is rendered and a copy thereof mailed to the applicant.

Compliance with State Environmental Quality Review Act. In reviewing applications for use or area variances, the Zoning Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.

Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reheard may be made by any member of the Board. A unanimous vote of all members of the Zoning Board of Appeals then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing, the Zoning Board of Appeals may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided that the Board of Zoning Appeals finds that the rights vested in persons acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced thereby.

Fees. Fees in the amount specified in § 43-212 shall be paid for all Zoning Board of Appeals reviews.

Decisions relating to nonconforming uses, buildings or structures. As more fully set out in § 43-21 of this chapter, the Zoning Board of Appeals is also authorized to: