City staff shall have the review, recommendation, and decisionmaking authority and responsibilities shown in Table 375.502.1 (Summary of Development Review Procedures).

City staff shall perform such other functions specified in Chapter 42 (Departments and Commissions), and other applicable chapters of the Albany City Code.

City staff may delegate any review or decisionmaking authority to any staff in their respective departments.

General. The Chief Planning Official is the City official responsible for administering provisions of this USDO.

Powers and duties. The Chief Planning Official shall have the review, recommendation, and decisionmaking authority and responsibilities shown in Table 375.502.1 (Summary of Development Review Procedures). In addition, the Chief Planning Official shall have the following additional powers and duties under this USDO:

General. The Chief Building Official, also known as the Director of the Department of Buildings and Regulatory Compliance, shall perform such functions specified in Chapter 42 (Departments and Commissions), and other applicable chapters of the Albany City Code. The Chief Building Official is the City official responsible for reviewing building plans for compliance with the Building Code, including review and approval of building permits [§ 375-505(13)] and a certificate of occupancy.

Powers and duties. The Chief Building Official shall have those powers authorized by the Building Code, and the review, recommendation, decisionmaking authority and responsibilities shown in Table 375.502.1 (Summary of Development Review Procedures). In addition, the Chief Building Official shall have the following powers and duties under this USDO:

Unless expressly stated otherwise in this USDO, applications reviewed under this USDO shall be submitted by:

If there are multiple owners, contract purchasers, or other persons authorized to submit the application, all such persons shall sign and have notarized the owner and interested party consent form. Only one party, the owner, contract purchaser, or other interested person, as noted in Subsection (4)(a)(i) above, shall sign the application.

Applications shall be accompanied by payment of the application fee required for that type of application. The amount of application fees shall be listed in the Administrative Manual and established in amounts sufficient to cover all costs typically associated with review of the type of application, including but not be limited to the costs of providing thorough professional review of the application and the costs of providing required public notice.

Where initial application fees are based on the estimated costs of review of the application by an outside consultant (e.g., review of an application's traffic impacts by a traffic consultant), and the Chief Planning Official determines that additional funds are needed to complete the consultant's review, the Chief Planning Official may require the payment of additional application fees to recover the City's actual costs in completing review.

An applicant may pay for expedited review to be performed by a third-party consultant, per the Chief Planning Official's discretion and as described in the Administrative Manual.

Until such time as an Administrative Manual containing application fees is finalized, all existing fees charged by the City for review of applications related to this Chapter 375, as well as the application fees in Article VII (Application Fees) shall apply.

Completeness review. Upon receiving a development application, the Chief Planning Official shall, within 15 days, determine whether the application is complete. A complete application is one that:

Application incomplete.

Application complete. Upon determining that the application is complete, the Chief Planning Official shall accept the application for review in accordance with the procedures and standards of this USDO.

Revisions to correct compliance deficiencies. An applicant may revise a development application after receiving notice of compliance deficiencies following staff review. [See § 375-504(5).]

Other revisions. An applicant may revise a development application at any time upon requesting and receiving permission from an advisory or decisionmaking body after that body has reviewed, but not yet taken action on, the application. If the revisions are determined by the Chief Planning Official to be major, the revised application submittal shall be reviewed as if it were a new application and may be subject to additional fees required by the Administrative Manual.

Change in applicant. If circumstances change so that the applicant of a pending application no longer meets the requirements of § 375-504(4)(a), any change in the applicant or person authorized to submit the application shall be documented in an original and notarized owner and interested party consent form delivered to the City before the application may advance to the next stage in the review process.

After an application has been accepted for review, the applicant may withdraw the application at any time by submitting a written letter of withdrawal to the Chief Planning Official.

If an application is withdrawn after required notice of any public hearing scheduled for the application, the application shall be subject to limitations on the subsequent submittal of similar applications pursuant to § 375-504(12)(e) (Limitation of subsequent similar applications).

Application fees shall not be refunded for withdrawn applications.

Prior to preparing a staff memorandum or making a decision on a development application, the Chief Planning Official shall review the application, relevant support material, and any comments from other agencies to which the application was referred.

If deficiencies in complying with the applicable requirements are identified, the Chief Planning Official shall notify the applicant within 10 days of the identification of such deficiencies, and shall provide the applicant a reasonable opportunity to discuss the deficiencies and revise the application to address them. The Chief Planning Official may also offer the applicant recommendations regarding possible improvements to the proposed development that are not required by this USDO, but shall clarify that compliance with such recommendations is not required for compliance with this USDO.

The applicant shall respond to the notice by either requesting that the application be processed as submitted or by submitting a revised application identifying changes after being notified of application deficiencies. If the applicant fails to so respond to the notice within 45 days, the application shall be considered withdrawn.

If the applicant submits a revised application, the Chief Planning Official shall refer the application to those City departments, service providers, and review agencies affected by the change for review, and shall review any such comments received. At the discretion of the Chief Planning Official, the applicant may be provided the opportunity to revise the application further to address remaining compliance deficiencies.

Staff memorandum. If a development application is subject to staff review and a staff recommendation to the Planning Board, Board of Zoning Appeals, or Common Council [See Table 375.502.1 (Summary of Development Review Procedures).], the Chief Planning Official shall prepare a written staff memorandum. The staff memorandum shall conclude whether the application complies with all applicable standards of this USDO and recommend one of the decisions authorized for that type of application, based on the review standards for that type of application in § 375-505 (Specific procedures). The staff memorandum may identify and recommend conditions of approval to correct compliance deficiencies and mitigate any adverse effects of the development proposal.

Distribution and availability of application and staff memorandum. Within a reasonable time period before the meeting at which a development application is scheduled for review by an advisory or decisionmaking body, the Chief Planning Official shall:

Decision.

Conditions of approval. Any conditions of approval shall be expressly set forth in the decision, shall be limited to conditions deemed necessary to ensure compliance with the requirements and particular standards of this USDO or other standards adopted by affected service providers or review agencies, and shall relate in type and scope to the anticipated impacts of the proposed development.

Allowable administrative adjustments.

Review criteria. An application for an administrative adjustment shall be approved only if the Chief Planning Official determines that the adjustment falls within the limitations in Table 375.504.1 and that:

If a development application is subject to a public hearing (See Table 375.502.1, Summary of Development Review Procedures.), the Chief Planning Official shall ensure that the public hearing is scheduled for either a regular meeting of the body conducting the hearing or a meeting specially called for that purpose by such body.

The public hearing shall be scheduled for a date that allows sufficient time for preparation of a staff memorandum and provision of the required public notice.

Published notices.

Mailed notices.

Albany County Planning Board. In accordance with General Municipal Law § 239-m, notices of certain types of applications, as well as a full statement describing the proposed action, shall be mailed to the Albany County Planning Board if the boundary of the property that is the subject of the application is located within 500 feet of:

Neighboring municipalities. In accordance with New York General Municipal Law § 239-nn, the authorized body having jurisdiction shall give notice by mail or electronic transmission to an adjacent municipality at least 10 days prior to a hearing being held relating to:

Posted notices.

Other types of notice. An applicant shall provide, at the applicant's expense, any additional notice or forms of notice, such as web-based or other electronic notice, if the Chief Planning Official determines that type of additional notice is necessary to inform citizens or stakeholders who may be materially affected by the proposed development.

Affidavit of notice. The applicant shall sign an affidavit that proper notice has been provided. Such certificate shall be deemed conclusive in the absence of fraud.

Before any mailed notices of the hearing are mailed and final arrangements for any published notice of the hearing are made, a written request for deferral that states the reasons for deferral may be submitted to the Chief Planning Official, who may grant the request for good cause shown.

Any subsequent request for deferral shall be in writing, state the reasons for deferral, and be submitted directly to the body scheduled to review the application. The Planning Board, Board of Zoning Appeals (BZA), Historic Resources Commission (HRC) or Common Council shall consider such a request and may either grant the request for good cause shown or deny the request and proceed to hear public comments, review, and take action on the application. If the Planning Board, BZA, HRC, or Common Council grants the request for deferral, it shall concurrently identify the date and time of a subsequent meeting at which the application shall be scheduled for public comment and review.

The application may be subject to additional application fees to defray additional costs of processing the application or notifying the public and/or other interested parties.

Any organization or person wishing to receive notice of any public hearings related to the business of the Board of Zoning Appeals, the Planning Board, the Historic Resources Commission or interpretations of the Chief Planning Official shall register with the Planning Department. Registration may take up to 15 business days to process.

The Chief Planning Official may, as a courtesy, send electronic notice to any persons or organizations in the City, or to any governmental, public, or quasi-public organization regarding any matter related to this USDO that may affect the interests of that person or organization, or on any matter on which any such person or organization has requested notice.

The failure of the Chief Planning Official to send such notice or the failure of any resident or property owner to receive such notice shall not affect the validity of any application approved pursuant to this USDO.

The Planning Board's decision shall be one of the following:

If an applicant seeking major development plan approval [§ 375-505(3)] elects to make an informal concept review presentation, it shall be held during a regularly scheduled Planning Board meeting or Planning Board workshop. The applicant shall provide at a minimum a conceptual plan for review and discussion. No formal action will be taken during a concept review meeting; however, the Board can ask questions, make comments, and suggestions.

The Planning Board shall consider the application, relevant supporting materials, staff memorandum, and any public comments made at the public hearing, and take one of the following actions:

The Board shall clearly state the factors considered in making its recommendation or decision, as well as the basis or rationale for the recommendation or decision.

After the Planning Board has reviewed an application but has not yet taken action on it, the applicant may request an opportunity to revise the application. The Board may grant such a request on condition that revisions are limited to changes that directly respond to specific requests or suggestions made by staff or the Planning Board and shall constitute only minor additions, deletions, or corrections, and not significant substantive changes to the development proposed by the application.

Any other revisions to the application may be submitted, but the revised application shall be submitted to the Chief Planning Official and reviewed as if it were a new application. The revised application is subject to additional application fees to defray the additional processing costs as identified in the Administrative Manual.

Approve the application;

Approve the application subject to conditions;

Deny the application; or

Remand the application to the Chief Planning Official for further consideration or additional information.

Approve the application as submitted;

Approve the application subject to conditions;

Deny the application; or

Remand the application to the Chief Planning Official or to a lower review body for further consideration or additional information.

The person or entity responsible for making a decision is authorized to approve an application with conditions necessary to bring it into compliance with the requirements of this USDO and the adopted standards of any affected service providers or review agencies.

The person or entity responsible for making a decision is authorized to impose conditions that it determines are necessary, including but not limited to durational limits, hours of operation, and provisions for periodic review, to:

Conditions imposed shall be reasonably related to the anticipated impacts of the proposed development or land use and to the purposes of this USDO.

Any conditions on approved applications shall be listed in or attached to the approval document, and violation of any approved condition shall be a violation of this USDO.

Conditions may stipulate to the point in the development process by which such conditions must be satisfied. For example, the Planning Board may stipulate that a condition must be satisfied "prior to clearing and grubbing," or "prior to clear cutting," or "prior to demolition," or "prior to a foundation permit being issued," or "prior to any building permits being issued," or "prior to the issuance of a certificate of occupancy," or at any other point as may be appropriate.

For any project that is approved with conditions, all such conditions imposed shall be posted on the Planning Department’s website for public comment for a period of no fewer than 10 business days prior to issuance of any building or demolition permits.

The Planning Department shall inform all necessary reviewing authorities designated in Table 375.502.1 of the imposition of conditions and provide 10 business days in which to submit to the Chief Planning Official any comments or corrections to the conditions.

Upon review, the Chief Planning Official shall have the authority to refer such conditions back to the person or entity responsible for making a decision for modification. Should the Chief Planning Official determine that the conditions do not need to be modified and referred back to the Planning Board, such decision may be appealed to the Board of Zoning Appeals in accordance with § 375-504(12)(b)(i) by any party aggrieved by the Chief Planning Official’s decision.

In the event that the posted conditions require modification because of any local, state, or federal law or regulation, the person or entity responsible for making a decision shall modify such conditions.

Within 10 calendar days after a final decision on a development application, the Chief Planning Official shall provide a written copy of the decision via personal delivery, electronic mail, or first-class mail to the applicant and make a copy of the decision available to the public online and in the Department of Development and Planning during normal business hours.

If the review involves a public hearing, the Chief Planning Official shall, within 10 days after a final decision on the application, also provide a written copy of the decision via personal delivery, electronic mail, or first-class mail to the owner(s) of the application site, and any person who has submitted a written request for a copy of the decision before its effective date.

Decisions of the Chief Planning Official or Chief Building Official.

Decisions of the administrative bodies or Common Council. Any party or parties that are individually or jointly or severally aggrieved or adversely affected by any decision of the Board of Zoning Appeals, the Planning Board, the Historic Resources Commission, or the Common Council may seek review of the decision in the courts in accordance with applicable state law, provided that the appeal shall be filed with the clerk of a court with jurisdiction in accordance with state law within 30 days after the filing of the decision in the office of the City Clerk.

Authorized activity.

Approvals run with the land. Unless limited by a condition attached to an approval under this USDO, or unless the approval expires as described in § 375-505 (Specific procedures), an approval or permit granted under this USDO, including any approved plans and documents and conditions of approval, shall run with the land, shall be binding on the landowners and their successors and assigns, and shall not be affected by a change in ownership. All later decisions, determinations, and interpretation by City staff shall be consistent with the approval granted.

Expiration of approval.

Prior application withdrawal. If an application requiring a public hearing is withdrawn after provision of or final arrangement for required notice of the public hearing [See § 375-504(4)(g) (Withdrawal of application).], no application proposing the same or similar development on all or part of the same land shall be submitted within six months after the date of the withdrawal.

Prior application denial. If an application requiring a public hearing is denied, no application proposing the same or similar development on all or part of the same land shall be submitted within one year after the date of the denial.

Provide a construction performance bond sufficient to cover 100% of the cost of any uncompleted construction as estimated by the Board pursuant to § 33 of the General City Law; or

Agree in writing that no certificate of occupancy for any building in the subdivision shall be issued until all required improvements needed to provide service to that building and to protect the public health, and safety have been completed and accepted by the City, and that agreement is noted on the final subdivision plat; and

Regardless of whether the applicant satisfies Subsection (13)(c)(i) or (ii) above, the applicant shall deposit in an escrow account funds adequate to pay for third party site inspection of all public infrastructure improvements following their completion and prior to acceptance by the City. The amount of the required deposit shall be determined by the Planning Board during subdivision or development plan review.

No existing lot line shown on a recorded document or subdivision plat, as applicable, may be relocated between two abutting lots or tracts unless the Chief Planning Official has first approved that relocation pursuant to this § 375-505(2).

Two or more existing lots shown on a recorded document or subdivision plat, as applicable, may be consolidated into a single or fewer lots for purposes of application of the standards in this USDO or the City building code only after the Chief Planning Official has first approved that consolidation pursuant to this § 375-505(2).

This section includes subdivisions of land creating four or fewer new lots for which no new public infrastructure is required to be constructed (except for utility connections from new lots to existing utility lines).

If each of the existing lots and the structures on those lots complies with the requirements of the USDO, then after the adjustment each of the resulting lots will still comply with the requirements of this USDO.

If one or more of the existing lots, or a structure on one or more of those lots, does not comply with the requirements of this USDO, the proposed adjustment will not create any new nonconformity between the requirements of this USDO and any of the lots or any of the structures on the lots whose lot lines are to be adjusted.

If any of the lots are legally nonconforming, the lot modification will either remove the nonconformity or improve it.

Major development plan review. The following development activities shall constitute a major development:

Minor development plan review. The following development activities shall constitute a minor development:

An application for development plan review shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures).

If the Chief Planning Official determines that a minor development as classified in § 375-504(3)(a)(ii) is unusually large or complex or may create significant adverse impacts on the surrounding area, they may refer the application for consideration and decision by the Planning Board for a major development review.

General criteria.

Additional criteria for applications involving clear-cutting. An application for a development plan review involving clear-cutting shall be approved only if the person or entity responsible for making a decision determines that:

Additional criteria for applications involving new development within existing cluster subdivisions. An application for a development plan review involving construction of a new principal structure on lands previously platted as part of a cluster subdivision shall be approved only if the person or entity responsible for making a decision determines that:

An applicant may request, in writing, as a part of a development plan review, a waiver or modification of any of the development standards in Article IV. Such request shall set forth the specific relief sought and the reasons why the same are necessary.

The Planning Board may grant waivers from the development standards established in Article IV, except that the Planning Board shall not grant a waiver of the dimensional standards established in § 375-401 or the standards relating to signs established in § 375-409.

In making its determination as to the granting of a waiver, the Planning Board shall take into consideration the benefit to the applicant if the waiver is granted, as weighed against the detriment to the health, safety, and welfare of the neighborhood or community that may result from such grant. In making such determination, the Planning Board shall also consider:

The Planning Board shall only grant such waivers to the minimum extent that it shall deem necessary and adequate while at the same time preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community.

This section applies to all applications for permits for work involving any exterior alteration, restoration, reconstruction, demolition, new construction or moving of a landmark or a property within a historic district; any material change in the appearance of such a property or its windows, light fixtures, signs or awnings, sidewalks, fences, steps, paving or other exterior elements visible from a public street or alley; or any grading or roadwork on a designated landmark property or property in a historic district.

A certificate of appropriateness shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures).

The Chief Planning Official shall refer the application to a staff member or member of the Historic Resources Commission or member of the Planning Board with knowledge of historic and/or archaeological resources for review, at the Chief Planning Official's discretion pursuant to the examples outlined below:

If the Chief Planning Official denies an application for a minor certificate of appropriateness, the applicant may request review of the application by the Historic Resources Commission. If so requested, the application shall be referred to the Historic Resources Commission for a decision made pursuant to § 375-505(4)(b)(ii)A (Major certificate of appropriateness).

A cultural resources investigation indicates that it is not likely that significant archaeological features exist on the site, or that the proposed activity will not damage or disrupt any significant archaeological features on the site, or that the applicant has committed to adequate protection or relocation of any significant archaeological features likely to be found on the site.

Changes to a property or site visible from a public right-of-way conforms to those guidelines in § 375-206(1)(c) (General guidelines), § 375-206(1)(d) (Rehabilitation guidelines), § 375-206(1)(e) (New construction guidelines), § 375-206(1)(f) (New construction in or adjacent to the Downtown Albany Historic District), and § 375-206(1)(g) (Fence, wall, and accessory structure guidelines) to the maximum extent practicable and/or the applicant has mitigated any departures to the maximum extent practicable.

All proposed lots created meet the dimensional standards for that district;

The proposed development is consistent with the Comprehensive Plan;

The proposed development is consistent with the provisions of General City Law § 33, this USDO, and the Albany City Code; and

The proposed development complies with all requirements and conditions of approval of any prior development permits or approvals applicable to the property.

Expiration of approval.

Certification of plat.

Is consistent with any provisions of this USDO and the Albany City Code;

Would not result in a random pattern of development with little relationship to existing or planned development;

Would not cause negative fiscal or environmental impacts on adjacent properties and the surrounding neighborhood;

Is consistent with the purposes and objective of the zoning district and character of the neighborhood in which it is located and the specific use standards applicable to the use;

Would not result in harmful cumulative effects or impacts of aggregate similar conditional uses;

Would not place excessive burden on public improvements, facilities, services, or utilities; and

Will provide a necessary and desirable service that is in the interest of the public convenience and will contribute to the general welfare of the surrounding neighborhood or community.

No person shall demolish any building, structure or any portion of a building or structure without a valid demolition review, unless exempted by § 375-505(7)(a)(ii).

Exemptions.

This subsection shall not reduce any emergency powers or any other powers of the Chief Building Official as to public safety, health and welfare.

Whether the demolition and/or proposed redevelopment plan is consistent with the Comprehensive Plan, neighborhood or district plans, this USDO, and/or City or regional planning objectives.

Whether the structure has significant historical, architectural, aesthetic or cultural value in its present or restored condition and whether the loss of the building would be detrimental to the historical or architectural heritage of the City.

The relationship of the building to the character of the neighborhood as an established and definable area, the streetscape and its environs, or any adjacent or attached buildings.

The architectural merits of the proposed new construction, as compared to the building or structure proposed to be demolished.

The timeframe within which the applicant intends to commence the proposed redevelopment of the site.

Whether realistic alternatives, including adaptive uses, are likely based upon the nature or cost of work necessary to preserve the structure.

The condition of the structure(s), the economic viability of rehabilitation, and whether the building or structure can be rehabilitated or reused.

Whether the hardship is self-created or whether the building or structure proposed for demolition is structurally unsound despite efforts by the owner to properly maintain it.

Whether some portion of the building, such as a facade or distinctive architectural details, can or should be retained or reused in the new construction.

The applicant shall provide a plan to ensure a minimum of 35% of construction and demolition debris generated from the demolition project is diverted from disposal in landfills through recycling, reuse, and diversion programs.

Where a portion of the building, such as a facade or distinctive architectural details, is to be retained or reused as a part of a redevelopment, the applicant shall submit a stabilization plan by a licensed professional engineer to be endorsed by the Chief Building Official.

Civic and institutional campuses owned or operated by a single or related entity or institution and occupying 10 or more acres of contiguous land area may elect to obtain approval of a comprehensive district plan.

The district plan shall include all the contiguous areas and properties under the ownership and control of the institution.

Community meeting.

Review and decision. A district plan shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures).

Post-decision actions and limitations. After a district plan is approved, all subsequent development proposed by the institution that substantially complies with the density, location and uses of the approved district plan shall be administratively approved by the Chief Planning Official without the need for additional public hearings.

It complies with all applicable standards for district plans as set forth in the Administrative Manual, or offers sound reasons for variations from those standards;

The organization and layout of lots, structures, parking areas, loading areas, and automobile, bicycle, and pedestrian circulation routes shall not result in greater adverse impacts on adjacent residential districts than if the project were designed under the standards applicable to the property if a district plan were not approved, unless those adverse impacts have been mitigated to the maximum extent practicable;

The organization and layout of lots, structures, parking areas, loading areas, and automobile, bicycle, and pedestrian circulation routes shall not result in greater adverse impacts on the City's street, utility, and infrastructure systems than if the project were designed under the standards applicable to the property if a district plan were not approved; and

Sufficient public safety, transportation and utility facilities and services are available to serve the planning area at the proposed level of development, while maintaining sufficient levels of service to existing and anticipated development in surrounding areas.

The design complies with the standards in § 375-407 (Building and streetscape design), except as necessary to comply with the standards in Subsections (9)(c)(ii) through (vii) below;

The design reflects architectural excellence in terms of orientation to adjacent streets and open spaces, variety and durability of building materials, facade articulation, and emphasis on pedestrian entrances and sitting gathering spaces.

The design allows for adequate light and air for nearby public streets, sidewalks, trails, parks, and open spaces;

The design, including but not limited to the streetscape and vehicular and pedestrian access points, contributes to the walkability of adjacent streets;

The design does not cast significant shadows on nearby public parks or open spaces between the hours of 9:00 a.m. and 3:00 p.m. on October 31, or if significant shadows are cast on that date, the shadows have been mitigated to the maximum extent practicable through building shaping and design;

The ground level design contributes to encouraging street activity on adjacent streets; and

The design is consistent with the intended character of the downtown area, as described in the adopted Comprehensive Plan, and with the intent of the MU-DT Zoning District.

Area variance. In making its determination regarding a request for an area variance, the BZA shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the BZA shall also consider:

Use variance. No use variance shall be granted by a BZA without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the BZA that for each and every permitted use under the zoning regulations for the particular district where the property is located:

Minimum necessary variance. The BZA, in the granting of variances, shall grant the minimum variance that it shall deem necessary and adequate to address the hardship while preserving and protecting the character of the neighborhood and health, safety and welfare of the community.

An applicant may apply for a variance from any floodplain development standard in § 375-206(3) (FP-O Floodplain Overlay).

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in § 375-505(11)(c) have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.

Variances may be issued for the repair or rehabilitation of historic structures upon determination that:

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Variances shall only be issued upon receiving written justification of:

In reviewing floodplain variance applications, the BZA shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:

Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation.

The Chief Planning Official shall maintain the records of all applications for floodplain variances, including technical information, and shall report any variances to the Federal Emergency Management Agency upon request.

All applications for a modification or waiver of some or all of those historic preservation standards and guidelines in § 375-206(1) (HR-O Historic Resources Overlay), which can only occur after a denial of a major certificate of appropriateness by the Historic Resources Commission pursuant to § 375-505(4); and

All applications to demolish, remove, or relocate a designated landmark or a contributing structure in a historic district, unless the Department of Buildings and Regulatory Compliance has made a written decision that the building presents an imminent threat to the public health, safety, or welfare.

An applicant may request, in writing, a waiver or modification of any of the standards or guidelines in § 375-206(1) (HR-O Historic Resources Overlay) or may request in writing permission to demolish, remove, or relocate a designated landmark or a contributing structure in a historic district.

The Chief Planning Official may require additional information to be appended to the application, which will verify the practical difficulties or economic hardship claimed by the applicant.

The Historic Resources Commission reserves the right to waive or otherwise modify such standards or guidelines, or to permit the demolition, removal, or relocation of a structure, upon a finding that such action is necessary to eliminate practical difficulties or economic hardship associated with strict interpretation of these provisions. The applicant shall have the burden of proving any practical difficulty or economic hardship that is claimed.

The Commission shall limit any waiver or modification of the standards or guidelines, or the approval of any demolition, removal, or relocation of a structure, to the minimum required to alleviate the economic hardship or practical difficulty, and may prescribe conditions that it deems necessary or appropriate.

The Commission shall hold a public meeting on the historic property hardship application at which the applicant and public will have an opportunity to present their views on the application.

If the Commission finds that the applicant's burden of proof has been met, the Commission shall issue a decision to approve the application with or without conditions. Its decision shall clarify which of the standards or guidelines in § 375-206(1) have been waived or modified, and the nature and extent of the waivers or modifications, or shall clarify its permission to demolish, remove, or relocate a structure.

In the case of an application to demolish, remove, or relocate a landmark structure or a contributing structure in a historic district, the Commission may also decide to approve the application subject to a waiting period of up to 120 days to allow the Commission to document the structure, to consider options to relocate the structure, and/or to consider options to modify the building for future uses that preserves the architectural and historical integrity of the building.

The decision of the Commission shall be in writing and shall state the reasons for its decision. A copy shall be sent to the applicant by first class mail or personal service with proof of delivery, and a copy filed with the City Clerk's office for public inspection.

Applications that do not involve a demolition, removal, or relocation. The Historic Resources Commission may approve the application, with or without conditions, if it determines that:

Applications for demolition, removal, or relocation. The Historic Resources Commission may approve the demolition, with or without conditions, if it determines that:

An application for a building permit shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures).

The Chief Building Official may require that an application receive a zoning clearance from the Chief Planning Official. A zoning clearance is a determination made by the Chief Planning Official that the proposed development is consistent with the provisions of this USDO and the Albany City Code. When such a request has been made, no person shall construct, alter, add to, or convert any structure or part of a structure or change the use of any land or property without a valid zoning clearance issued by the Chief Planning Official.

The adopted Building Code;

The Uniform Fire Code; and

The Albany City Code, including this USDO.

A floodplain development permit is required for all construction and other development to be undertaken in areas of special flood hazard as shown on the Flood Insurance Rate Map.

The proposed building sites will be reasonably safe from flooding.

If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements meet the City adopted standards, as amended.

Any proposed development in an area of special flood hazard does not result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The Chief Building Official may require the applicant to submit additional technical analyses and data necessary to complete the determination.

All necessary permits have been received from those governmental agencies from which approval is required by state or federal law.

An application for a sign permit shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures).

A sign permit is not required for those signs listed in § 375-409(7)(a)(iv) (Signs that may be erected without a permit).

The Chief Building Official may require that an application receive a zoning clearance from the Chief Planning Official. When such a request has been made, no person shall construct, alter, add to, or convert any structure or part of a structure or change the use of any land or property without a valid zoning clearance issued by the Chief Planning Official.

The Chief Building Official shall review the application and make a decision on the sign permit.

No person shall commence or perform any grading and no person shall import or export any earth materials to or from any grading site without first having obtained a permit from the City Engineer. See also, Chapter 211 (Grading and Mining).

Exemptions. In the following instances, a grading permit is not required:

Post-decision actions and limitations. The post-decision actions and limitations in § 375-504(12) shall apply to the application, except as follows:

Will not create a hazard, slides, or be located on unstable soil. If the City Engineer determines that the proposed grading is not likely to be of such extent as to cause an immediate hazard on the proposed site, a permit may be issued upon receipt of a sworn affidavit that has been recorded in the office of the County Clerk, stating that the applicant is fully aware that the site is in an area subject to slides or unstable soil;

Will not be located in an area subject to inundation without appropriate mitigation. If it can be shown by authentic past records that any possible inundation is not likely to be of such extent as to be an immediate hazard to the site, the City Engineer may issue a permit upon receipt of a sworn affidavit which has been recorded in the office of the County Clerk stating that the applicant is fully aware that the grading is in an area subject to inundation;

Will comply with applicable district, use, and development standards in this USDO and in Chapter 211 (Grading and Mining); and

Will comply with all requirements and conditions of any prior development permits or approvals related to the property.

The review authorities have no objection to the issuance of the permit;

The issuance of the permit will not compromise public health and safety, including but not limited to automobile, bicycle, and pedestrian safety;

The issuance of the permit is consistent with the intent and character of the district in which the property is located;

The proposed activity is consistent with any provisions of the Albany City Code, including this USDO; and

The right-of-way access authorized is the minimum necessary to accomplish the purpose of the right-of-way access permit.

The review authorities have no objection to the issuance of the permit;

The issuance of the permit will not compromise public health and safety, including but not limited to automobile, bicycle, and pedestrian safety;

The proposed activity is consistent with any provisions of the Albany City Code, including this USDO.

The applicant has agreed to provide and maintain liability insurance protecting the City from liability for damage or injury related to the proposed activities on the public right-of-way, if the City determines that insurance be provided based on its evaluation of potential risks to the City; and

The issuance of the permit is consistent with the intent and character of the district in which the property is located.

An ambiguity exists in the meaning or application of words, phrases or requirements in the USDO that could affect proposed or existing developments, uses, adjacent property owners, or the character of one or more neighborhoods; or

There is a conflict between the words, terms, allowable uses, or requirements and standards contained within this USDO; or

There is a conflict between the words, terms, allowable uses, or requirements and standards contained in this USDO and other municipal, state or federal laws, codes, rules and regulations; or

A property owner, developer, resident or Common Council member requests an interpretation or clarification of the provisions of this USDO to their property or residence or to other nearby properties and developments, and upon review, the Chief Planning Official determines the question raised is one that is likely to apply to other circumstances and the resulting determination will establish a precedent that should be followed in other similar circumstances.

Interpretations can be initiated by the Chief Planning Official or through formal requests by individuals or entities authorized to submit applications pursuant to § 375-504(4)(a)(Authority to submit applications).

The Chief Planning Official shall review the relevant provisions of the USDO, any background information relative to legislative intent, the plain meaning of the words, and other relevant information and consult with Corporation Counsel prior to issuing a proposed decision on the interpretation.

Within five business days of making a proposed decision on an interpretation, a copy of the interpretation shall be posted on the department’s webpage, sent to the Common Council and interested parties..

The proposed interpretation shall be presented by the Chief Planning Official to the Planning Board within 60 days of the issuance of the proposed interpretation or at the next scheduled and noticed Planning Board meeting or hearing, whichever is sooner. Notice of the nature of the proposed interpretation shall be included on the Planning Board agenda with a link to the proposed interpretation.

Members of the public shall be allowed to submit written comment up to 10 days after the Planning Board meeting and will have the opportunity to provide public comment at all Planning Board meetings or hearings for the interpretation.

Any parties aggrieved or adversely affected by any decision of the Chief Planning Official may seek administrative appeal review with the Board of Zoning Appeals through the procedures identified in § 375-505(12)(b)(i) of the USDO

Notwithstanding the foregoing, the Chief Planning Official may consider their proposed interpretation final 14 days after posting the proposed interpretation on the department’s webpage and sending it to the Common Council if no member of the Common Council objects to the proposed interpretation and if the Chief Planning Official determines, to a reasonable degree of certainty, that:

An interpretation request shall be reviewed by the Chief Planning Official and the proposed interpretation shall not be issued unless it meets the following criteria:

Issue the interpretation with no recommended text changes.

Issue the interpretation with recommended text changes for the next annual USDO review as identified in § 375-505(20) of the USDO.

Issue the interpretation and recommend immediate amendment to the text of the USDO through the general procedures of § 375-505(20) of the USDO.

Refer the issue to the Planning Board and Common Council through the submission of an amendment to the USDO text application through the general procedures of § 375-505(20) of the USDO.

The procedures and standards in this subsection apply to the review of any proposal to amend the Zoning Map or the text of this USDO.

An applicant may apply to the Common Council for a Zoning Map and/or USDO text amendment by submitting an application to the Chief Planning Official, who shall initiate an application in accordance with § 375-505(20)(b)(i).

A member of the Common Council may initiate an amendment to the Zoning Map or the USDO text by the introduction of an ordinance that shall be shared with the Chief Planning Official for review and comment, and may request Planning Board input, but shall not require official Planning Board action prior to adoption.

Application submittal and acceptance.

Planning Board review and action. The Planning Board shall review the application and make a recommendation in accordance with § 375-504(7).

Common Council review and decision.

Post-decision actions and limitations. The post-decision actions and limitations in § 375-504(12) shall apply to the application except as follows:

General standards. Amending the Zoning Map and the text of this USDO is a matter committed to the legislative discretion of the Common Council. In deciding the application, the Common Council shall consider and weigh the relevance of, and consider whether and the extent to which the proposed amendment:

Zoning Map amendment additional standards.

A list of all area variance applications and their status;

A list of all use variances and associated decisions (i.e., approved, approved with conditions, denied);

A list of all conditional use permits and their status;

A list of all projects reviewed under development plan review and their status;

A list and totals of any approved accessory dwelling units;

A list and totals of any units produced under the affordable housing incentives in § 375-401(5);

The status of any inclusionary housing or other housing market studies as well as any recommendations for modifications of the affordable housing provisions in this USDO based on such studies; and

A memorandum identifying any text or map amendments that the Chief Planning Official intends to submit to the Planning Board under this § 375-505(20) (Amendments to Zoning Map or USDO text). These recommended text amendments or map changes may be based on feedback from applicants, new technology, advanced zoning tools, or to further advance the goals of the Comprehensive Plan, as that Plan may be amended from time to time. Annual review.

An application to designate a historic landmark, historic district or archaeological district shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures).

Notice of a proposed designation shall be sent by registered mail to the owner of each property proposed for designation or located adjacent to a property proposed for designation, describing the property and announcing a public hearing by the Historic Resources Commission (HRC) to consider the designation. Where the proposed designation involves so many properties that individual notice to affected owners is impractical, notice may instead be published at least twice in a newspaper of general circulation a minimum of 10 days prior to the date of the public hearing. Once the HRC has issued notice of a proposed designation, no building permit for work in the affected area shall be issued by the Commissioner of Buildings and Regulatory Compliance until the Common Council has approved or disapproved the designation, unless the HRC has reviewed the permit request according to the procedures and criteria for a certificate of appropriateness.

The HRC shall hold a public hearing before recommending designation of any landmark or historic district. The HRC, owners of the affected property and any other interested parties may present testimony or documentary evidence at the hearing regarding the historic, architectural or cultural importance of the proposed landmark or historic district. Such testimony or evidence shall be included in the record of the hearing. The record may also contain staff reports, public comments or other evidence offered outside of the hearing.

The HRC shall supply the City Clerk's office with a notice and explanation of its recommendation of designation of a landmark or historic district. Such notice shall include a description of each property proposed for landmark designation or the boundaries of each proposed historic district.

The City Clerk shall cause the HRC's recommendation to be presented to the Common Council at its next scheduled meeting.

After the HRC's recommendation is presented, the Common Council may approve or disapprove the proposed designation of a landmark or historic district.

Upon Common Council approval of a designation, a list of the landmarks or historic districts designated shall be filed with the City Clerk, the Chief Planning Official, the Chief Building Official, the City Engineer and the Albany County Hall of Records.

Notice of a designation shall be sent to the owner of each property that is designated or located adjacent to a designated property. Where the designation involves so many properties that individual notice to affected owners is impractical, notice may instead be published at least twice in a newspaper of general circulation.

Individual landmarks. and archaeological districts. The Historic Resources Commission may recommend designation of a landmark or archaeological district if it is determined that the landmark or district:

Historic districts. The Historic Resources Commission may recommend designation of a group of properties as a historic district if it determines that the area:

Upon approval of a designation, a list of the landmarks or districts designated shall be filed with the City Clerk, the Chief Planning Official, the Chief Building Official, the City Engineer and the Albany County Hall of Records.

Notice of a designation shall be sent to the owner of each property that is designated or located adjacent to a designated property. Where the designation involves so many properties that individual notice to affected owners is impractical, notice may instead be published at least twice in a newspaper of general circulation.

Except as otherwise permitted in Subsection (4)(c)(ii) and (iii) below, no nonconforming use may be reestablished after it has been discontinued or vacated for a period of one year or more.

A property owner or administrator of an estate may apply to the Chief Planning Official for continuation of legal nonconforming status for a period not exceeding 90 days beyond the one year allotted by law if the applicant shows that:

A denial of an application for continuation of legal nonconforming status may be appealed by the property owner to the Board of Zoning Appeals in accordance with § 375-504(9).

In the event that any structure containing a legally nonconforming use is damaged or destroyed to the extent of more than 50% of the cost of replacement of the structure, as determined by the City Tax Assessor, any reuse of the structure shall conform to all regulations of the zoning district in which it is located per this USDO.

Where any such structure is damaged or destroyed to the extent of 50% or less of the cost of replacement of the structure new, repair or restoration of such structure may be made; to enable continued operation of the nonconforming use, provided that no repairs or restorations shall be made which would create or increase any parking, yard or space and bulk nonconformity, nor shall any repairs or restoration (except in conformity with the applicable zoning district regulations) be made unless a building permit is obtained and restoration is actually begun within one year after the date of such partial damage or destruction and is diligently pursued to completion.

It shall be the applicant and/or property owner's responsibility to provide any and all documentation or evidence required to support a preexisting development or nonconformity claim under the provisions of this § 375-506. Although City employees may assist applicants, no City employee or official shall be responsible for gathering evidence or documentation to support a claim of legal nonconformity.

Such evidence shall be sufficient to prove:

Evidence may include but is not limited to photographs of the property or use (dated or with an affidavit as to the date of the photograph), utility bills, property tax statements or receipts, copies of leases or subleases, evidence of goods and services rendered from the property (dated or with an affidavit as to the date of the evidence), or notarized affidavits from the owner(s) of one or more properties within 300 feet of the subject property.

Where an applicant seeks a certificate to establish the legal or nonconforming status of a structure or other nonconformity only, the Chief Planning Official shall issue a determination upon review of a certified survey, building permits, or other documentation deemed necessary or sufficient by the Chief Planning Official.

The Chief Planning Officer shall provide interested property owners, members of the public, and the Common Council with notice of an application for a determination of legal nonconformity similar to the content of notices for applications for variances, and shall include information on how members of the public may submit comments or documentation to be considered by the Chief Planning Official.

A notice of the application shall be posted at the property on each side the subject property faces a public street with the same information and in the same manner as is required for notice of a variance request and shall include information on how members of the public may submit comments or documentation to be considered by the Chief Planning Official.

The Chief Planning Official shall review all proof submitted by the applicant and all other comments and documents submitted. The applicant shall only be entitled to a determination finding a legal nonconforming use or structure if the evidence submitted clearly establishes that the property meets each and every criteria of a legal nonconformity set forth in Subsection (1) above.

Failure to comply with USDO or term or condition of approval. Any failure to comply with a standard, requirement, prohibition, or limitation imposed by this USDO, or the terms or conditions of any development permit, development order, or authorization granted in accordance with this USDO shall constitute a violation of this USDO, punishable as provided in this section. Each day a violation continues constitutes a separate violation.

Development permits or approvals only authorize development approved. Development permits or approvals issued under this USDO authorize only the specific use, arrangement, location, design, density or intensity, and development set forth in such development permit or approval.

Obtaining permit or approval based on false or misleading information. Any development, use, or other activity which is issued a permit or granted an approval based on false or misleading information shall be a violation of this USDO.

Develop land or a structure without first obtaining all appropriate development permits and approvals, and complying with their terms and conditions.

Occupy or use land or a structure without first obtaining all appropriate development permits and approvals, and complying with their terms and conditions.

Subdivide land without first obtaining all appropriate development permits and approvals required to engage in subdivision, and complying with their terms and conditions.

Excavate, grade, cut, clear, or undertake any land-disturbing activity without first obtaining all appropriate development permits and approvals, and complying with their terms and conditions.

Remove existing trees from a site or parcel of land without first obtaining appropriate development permits and approvals, and complying with their terms and conditions.

Disturb any landscaped area or vegetation required by this USDO.

Install, create, erect, alter, or maintain any sign without first obtaining the appropriate development permits and approvals, and complying with their terms and conditions.

Fail to remove any sign installed, created, erected, or maintained in violation of this USDO, or for which the relevant development permit or approval has expired.

Create, expand, replace, or change any nonconformity except in compliance with this USDO.

Reduce or diminish the requirements for development, design, or dimensional standards below the minimum required by this USDO.

Increase the intensity or density of development, except in accordance with the standards of this USDO.

Use or operate a business out of a structure without obtaining and maintaining a valid business tax receipt.

Demolish, alter, construct, or permit a designated landmark or other building or structure in a historic district to fall into serious disrepair, or to be damaged in a way that increases its likelihood of total failure, without obtaining approval of a certificate of appropriateness pursuant to § 375-505(4), as applicable.

Through any act or omission, fail to comply with any other provisions, procedures, or standards as required by this USDO.

A complaint registered by the Chief Planning Official signed by 50% of the property owners within 200 feet of a lot or building, or the Common Council member in whose ward such lot or building is situated, that the lot or the use of the property or building is considered to be a general nuisance or a hazard to the health, safety, welfare of uses or structures within 200 feet of such lot or uses; or

Certification of the Chief Building Official that six or more complaints about noise, drunkenness, or disruptive behavior associated with a restaurant, bar, or tavern have been received within a twelve-month period.

The Chief Planning Official or Chief Building Official may deny or withhold all permits and approvals, including building permits, certificates of occupancy, business licenses, or other forms of authorization to use or develop any land, structure, or improvements, until an alleged violation, associated civil penalty, and/or lien resulting from a previous final order related to such property, use, or development is corrected. This provision shall apply whether or not the current owner or applicant for the permit or other approval is responsible for the violation.

If the City determines that a designated landmark or other building or structure within a historic district has been demolished in violation of this USDO, the Chief Planning Official may withhold all permits and approvals for the subject property for a period of two years from the date of the completion of the improper demolition.

Any permit or other form of approval required under this USDO may be revoked, after notice and a hearing, when the Chief Planning Official determines that:

Written notice of revocation shall be served upon the property owner, agent, applicant, or other person to whom the entitlement was issued, including the reasons for the revocation, or such notice may be posted in a prominent location at the place of violation. No work or construction shall proceed after service of the revocation notice.

Issuance of a permit under this USDO does not authorize violation of any other code or ordinance of the City.

Whenever any building, structure, site, or part thereof is being demolished, constructed, reconstructed, altered, or repaired in a hazardous manner, in substantial violation of any state or local building law, or in a manner that endangers life or property, the Chief Planning Official or the Chief Building Official has the authority to issue a stop-work order for the specific part of the work that is in violation or presents the hazard.

With or without revoking permits, the Chief Planning Official or Chief Building Official may issue an order to stop work on any property on which there is an uncorrected violation of either a provision of this USDO or a provision of an approval or other form of authorization issued under this USDO.

The stop-work order shall be in writing and directed to the person doing the work, and shall specify the provisions of this USDO or other law allegedly in violation. After any such order has been served, no work shall proceed on any building, structure, or tract of land covered by such order, except to correct such violation or comply with the order.

Once conditions for resumption of the work have been met, the Chief Planning Official or Chief Building Official shall rescind the stop-work order.

Any convictions of violating or assisting in the violation of this USDO shall be punishable by a fine not to exceed $1,000 or by imprisonment not to exceed 15 days, or both, for each offense. Each day that a violation is continued uncorrected or resumed, after the violator is notified, shall constitute a separate offense.

Violation of any provision of this USDO, or any amendments to it, shall also subject the offender to a civil monetary penalty in an amount to be established by the Common Council. If the offender fails to pay this penalty within 15 days after being cited for a violation, the penalty may be recovered by the City in a civil action in the nature of a debt. A civil penalty may not be appealed if the offender was sent a final notice of violation in accordance with this section and did not take an appeal to the City within 20 days of the date of such final notice.

Before action is taken to abate a violation, a final warning notice shall be posted on the property and served personally or by certified mail with return receipt required to the property owner.

Unless this notice is appealed to the Common Council within 10 days of the delivery of the final warning, the Chief Planning Official or Chief Building Official shall proceed to abate the violation.

The Chief Planning Official or Chief Building Official shall keep an account of the cost, including incidental expenses, incurred by the City in the abatement of any violation. The Chief Planning Official or Chief Building Official shall forward a bill for collection to the violator and the property owner specifying the nature and costs of the work performed. For purposes of this section, the term "incidental expenses" shall include, but not be limited to, the actual expenses and costs to the City in the preparation of the notices, specifications and contracts, work inspection, and interest from the date of completion at the rate prescribed by law for delinquent real property taxes.

The responsibility for payment of the charges for abatement as set forth in this section shall rest solely upon the owners of the property upon which the abatement occurred. Such charges shall become a lien upon the real property upon which the violation was located. When charges for abatement remain unpaid after 30 days from billing, the Chief Planning Official or Chief Building Official shall record a claim of lien at the City Clerk and Recorder's office. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state or municipal property taxes, with which it shall be upon a parity. The lien shall continue until the charges and all interest due and payable thereon are paid.