Section 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.