Cohoes City Zoning Code
ARTICLE II
Administration
§ 285-6 Keeping of records; conformity required.
A.
It shall be the role of the Zoning Officer to keep a record of all applications for permits and a record of all permits issued with a notification of all special uses relating thereto. Such records shall be filed by the Zoning Officer and shall be available for review by the Common Council of the City of Cohoes and the City Clerk.
B.
The Planning Board of the City of Cohoes shall issue no permit for the use of any property not in conformity with the requirements of this chapter and all other regulations of the City of Cohoes.
§ 285-7 Duties of Zoning Officer.
A.
For the purpose of this chapter, it shall be the duty of the Zoning Officer, and any duly authorized assistants, to cause any plans, buildings or premises to be examined or inspected to determine that they are not in violation of the provisions of this chapter and to issue certificates and permits as outlined in the following section.
B.
If, in the course of work, the Zoning Officer determines that any plans, buildings or premises are in violation of the provisions of this chapter, he/she shall order the responsible party in writing to remedy such conditions. Said written order shall specify the nature of the violation found to exist, the remedy ordered and the time permitted for such action, the penalties and the remedies which may be invoked, and the violator's right of appeal, all as provided for by this chapter.
C.
These regulations are in accordance with the City's long-term planning goals and have been made with reasonable concern for the character of each district and its suitability for particular uses.
D.
On the serving of notice by the Zoning Officer to the owner of any property in violation of any of the provisions of this chapter, the certificate of occupancy for such building or use shall be held null and void. A new certificate of occupancy shall be required for any use of such building or premises.
E.
The Zoning Officer shall maintain a permanent record of all matters and all actions taken. Such records shall be available for review by the Common Council and other municipal officials and shall be available for inspection by the public.
§ 285-8 Certificates and permits.
A.
The certificates and permits enumerated herein are hereby established for the equitable enforcement and administration of the provisions of this chapter. A building permit or special use permit shall be prerequisite to the erection or alteration of a building structure or use thereof, but only if the alteration increases the dimensions or changes the use of existing facilities thereof.
B.
Building permit. The Zoning Officer is hereby empowered to issue a building permit for any plans regarding the construction or alteration of any building or part of any building, or the change in the use of any land or building or part thereof, where it has been determined that such plans are not in violation of the provisions of this chapter or the New York State Uniform Fire Prevention and Building Code.
C.
Special use permit. Upon written direction of the Planning Board, the Zoning Officer is hereby empowered to issue any special use permit provided for by this chapter after site plan review, if required as specified in § 285-123. Special use permits are those uses having some special impact or uniqueness which requires a careful review of their location, design, configuration and desirability on any given site. They are uses which may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect. A special use permit may be issued with conditions, including requirements for review and renewal, based upon careful review by the Planning Board. (See § 285-20D.)
D.
Certificate of occupancy. The Zoning Officer is hereby empowered to issue a certificate of occupancy (CO), which shall certify that the building, structure, or premises substantially complies with the building plans and design specifications submitted to, and approved by, the City, that all provisions pursuant to this chapter have been satisfied, and that the building, structure, or premises is thereby suitable for occupancy. The building, structure, or premises must also be in compliance with the New York State Uniform Fire Prevention and Building Code prior to receipt of a CO.
E.
Certificate of appropriateness. A certificate of appropriateness is required to certify that provisions of this chapter have been complied with in respect to the special approval required for the erection, modification, demolition, alteration or restoration of new or existing buildings or structures in the Historic Overlay District. When a certificate of appropriateness is required, a certificate in accordance with § 285-44 must be granted before a building permit, sign permit, fence permit, or demolition permit can be issued.
F.
Certificate of completion. The Zoning Officer is hereby empowered to issue a certificate of completion, which shall signify that all work completed under a building permit issued by the Code Enforcement Office was completed in accordance with the New York State Uniform Fire Prevention and Building Code.
G.
Zoning confirmation letter. The Zoning Officer is hereby empowered to issue a zoning confirmation letter, which shall verify conformance with City zoning regulations applicable to the specific property. The letter may include a description of the current zoning, a summary of uses allowed within the zoning, details of applicable building permit and land use history, current zoning requirements, parking and landscaping requirements, and responses to specific questions.
§ 285-9 Application procedures.
A.
Procedures for a building permit.
(1)
All applications for a building permit shall be made to the Zoning Officer in the detail specified in § 285-10 of this article and shall be in compliance with the New York State Uniform Fire Prevention and Building Code.
(a)
Where the proposed use is a permitted single- or two-family residential use, the Zoning Officer shall carefully consider the application for compliance with this chapter and either issue or deny a building permit.
(b)
When the application is for any other use in any district, a preliminary site plan application, in accordance with Article XIV, shall be also required, in addition to the building permit application, and the Planning Board shall be responsible for reviewing compliance with this chapter and directing the Zoning Officer to approve, approve with conditions, or deny a building permit application.
(2)
Building permits shall be issued in duplicate, and one copy shall be posted conspicuously on the premises while any alterations are being completed.
B.
Procedures for appeal. Should an applicant choose to appeal a decision by the Zoning Officer to deny issuance of a building permit, an application for an appeal shall be filled out, submitted along with supporting documents to the Zoning Officer for referral to the Zoning Board of Appeals for action. Where applicable under §§ 239-m and 239-n of the General Municipal Law, one copy of the application shall also be submitted to the County Planning Board.
C.
Procedures for special use permit. All applications for special use permits shall be made to the Zoning Officer. The Zoning Officer, after determining that an application is in proper form, shall transmit one copy of the application and all supporting documents to the Planning Board for action thereon. Where applicable under §§ 239-m and 239-n of the General Municipal Law, one copy of the application shall also be submitted to the County Planning Board.
D.
Procedures for a certificate of occupancy. Following the completion of the construction, reconstruction or alteration of any building or where a change in the use of a structure is proposed, the applicant shall transmit by registered mail or deliver in person to the Zoning Officer a letter stating that such construction has been completed or that a new use has been proposed. Within seven days of the receipt of this letter, the Zoning Officer shall make all necessary inspections of the completed structure or proposed use to determine the conformance with this chapter. A certificate of occupancy shall be issued only if the Zoning Officer finds that the construction or proposed use complies with all the requirements and provisions of this chapter.
E.
Procedures for a certificate of appropriateness. Applications for certificates of appropriateness shall be made to the Zoning Officer, on forms provided, at least 15 days prior to the next scheduled meeting of the Historic Preservation and Architectural Review Board.
§ 285-10 Application details.
A.
Application for a building permit (where site plan review is not required). Each application for a building permit shall be made on forms available from the Zoning Officer. The materials to be submitted with the application shall clearly show the conditions of the site at the time of the application, the features of the site which are to be incorporated into the proposed use or building and the appearance and function of the proposed use or building. At a minimum, the application shall include the following information and plans for both "before" and "after" conditions.
B.
Application for a special use permit. Each application for a special use permit shall be made on forms available from the Zoning Officer and shall contain at least the following information:
(1)
The applicant's name and address and interest in the subject property.
(2)
The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application.
(3)
The street address or legal description of the subject property.
(5)
A written statement addressing each of the standards set forth in § 285-20D and stating specifically how the proposed special use permit relates to and meets each such standard.
(6)
Any additional information which may be required to demonstrate compliance with any additional standards imposed on the special use permit by the particular provision of this chapter authorizing the special use.
§ 285-11 Application fees.
Each application for a permit provided for by this article shall be accompanied by a fee, payable in cash or other form of security, approved by the Municipal Attorney in accordance with the schedule established by resolution of the Common Council. The fee schedule is provided in Chapter A290 of the City's Code, and is available at the City Clerk's office.
§ 285-12 Public hearing.
Certain actions related to appeals, permits, and site plan review require public hearings to be held. The Zoning Board of Appeals shall conduct a public hearing on applications referred to it by the Zoning Officer in accordance with the procedures and requirements established in General City Law § 81-a for appeals. The Planning Board shall hold a public hearing on applications referred to it in accordance with the procedures and requirements established in General City Law §§ 27-a and 27-b for special use permit and/or site plan review. Public notice of all such hearings shall be printed in an official newspaper of general circulation at least five days prior to the date of the hearing. Specific notice requirements for hearings vary as outlined in the appropriate sections of this chapter.
§ 285-13 Planning Board action on permit applications.
Within 62 days from the date of such public hearing, and following a report back by the County Planning Board when applicable, the Planning Board shall by resolution either approve, approve with conditions or disapprove the application so heard. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. In approving the application for a special use permit, the Board may impose reasonable conditions and restrictions directly related and incidental to the proposed special use permit.
A.
If an application is approved by the Planning Board, the Zoning Officer shall be furnished with a copy of the approving resolution of the Board and shall issue the permit applied for in accordance with the conditions imposed by the Board.
B.
If any application is disapproved by the Planning Board, the reasons for such denial shall be set forth in the Board's resolution, and a copy of such resolution shall be transmitted to the Zoning Officer. The Zoning Officer shall deny the application accordingly by providing the applicant with a copy of the Board's reasons for disapproval and the procedures for appeal.
C.
The City Clerk shall maintain a record of all approved or denied applications. Such permanent record shall be available to the Common Council, the Planning Board, the Zoning Officer and, where applicable, the County Planning Board.
§ 285-14 Expiration, extensions, and amendments.
A.
A zoning or special use permit shall expire if the zoning or special use permit is not commenced and diligently pursued within 12 months of the date of the zoning or the special use permit issuance or the activity ceases for more than 12 months for any reason, or a more restrictive time period of revocation can be placed as a condition of the issued zoning or special use permit by the Planning Board at its discretion.
B.
Upon prior written request to the Planning Board, the time period to fully implement the activity authorized per the zoning or special use permit may be extended for a period of one additional calendar year for a total of 12 months from the date of the resolution approving the zoning or special permit, either through a single extension of one calendar year or the combination of two or more extensions, not to exceed five extensions. The Planning Board may hold a public hearing prior to granting any extension.
C.
Amendments to zoning or special permits. The terms and conditions of any zoning or special permit may be amended in the same manner as required for issuance of a zoning or special permit, following the criteria and procedures of this chapter.