The Board of Appeals of the City of Oswego existing at the time of adoption of this amendment shall continue to serve. The Board shall consist of seven members holding no elective office in the City, one of who shall serve as Chairman, and shall receive no compensation for their services. Six members shall be appointed by the Mayor for terms of three years, beginning upon the date of the expiration of present appointments of existing members. The seventh member shall be appointed by the Mayor for a three year term commencing July 1, 1994. In case of vacancies in the membership of the Board, the Mayor shall appoint new members to service the unexpired part of the term of the vacant position.
Powers and duties of the Board of Appeals.
A. The Board of Appeals shall be empowered and required to:
(1) Hear and decide appeals from any order, requirement, decision or determination of the Zoning Administrator.
(2) Hear and decide all matters referred to it by the Zoning Administrator
(3) Decide any question involving interpretation of any provision of this chapter.
B. In exercising the above-mentioned powers and duties, the Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, decision or determination as ought to be made, and to that end have all the powers of the Zonining Administrator from whom the appeal is made.
C. The concurring vote of four members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant any matter upon which such Board is required to pass.
D. Every decision of the Board of Appeals shall be subject to review in accordance with Article 78 of the Civil Practice Act, and such decision may be so appealed by any person aggrieved or by an officer, department, board or bureau of the city.
E. Any appeal from a decision of the Zoning Administrator properly filed with the Board of Appeals shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Appeals that, by reason of facts stated in the certification, a stay would, in his opinion, cause imminent peril to life and property.
F. The Board of Appeals shall have the power to grant a restraining order to stay all proceedings in furtherance of the action appealed from, over any action by the Zoning Administrator from who the appeal is taken, upon ntoice to the Zoning Administrator and on due cause shown.