Colonie City Zoning Code
§ 242-14
Scope and enforcement.
A.
No premises, structure or building in the Village of Colonie shall be erected, altered or used and no land shall be used except in conformity with the provisions of this chapter.
B.
This chapter shall be enforced by the Code Enforcement Officer, who shall be appointed by the Board of Trustees, and the Town of Colonie Police Department.
C.
No building or structure shall be erected, added to or structurally altered in the Village of Colonie until there has been filed with the Code Enforcement Officer a plan drawn to scale showing the actual dimensions, radii and angles of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected and such other information as may be necessary to determine and provide for the enforcement of this chapter. No work, including any grading or removal of soil or vegetation, shall begin until a building permit has been issued by the Code Enforcement Officer.
E.
No building permit shall be issued by the Code Enforcement Officer unless the site plan has been reviewed and approved by the Planning Commission in accordance with Village Law and Chapter 43, Planning Commission, of this Code, except for a one-family dwelling or a two-family dwelling in a residential district. The Planning Commission shall not approve a site plan until, where applicable, a variance has been granted by the Board of Appeals or a special permit has been granted by the Planning Commission. The site plan approval, where applicable, shall incorporate the conditions of the variance or special permit, as the case may be; and the building permit shall conform to all the applicable conditions of the site plan approval and the variance or special permit, if any.
F.
No certificate of occupancy shall be issued by the Code Enforcement Officer unless all applicable requirements, including the requirements imposed by the site plan approval and the variance or special permit, if any, have been met as well as the requirements set forth in Chapter 79, Building Construction and Fire Prevention.
G.
Where a lot is formed from part of a lot then already improved, the separation must be effected in such manner as not to impair any of the provisions of this chapter or of any approved site plan or special permit, whether related to the then-existing improvements or to the proposed new improvement on either lot.
H.
Where an improved lot is to be divided, each newly created lot and all improvements, including parking spaces and open spaces thereon, must comply with all provisions of this chapter or of any approved site plan. An unimproved lot may only be divided into two or more lots if all lots comply with all provisions of this chapter. All division of lots are also subject to Chapter 199, Subdivision of Land.
I.
Conversion to condominium or cooperative ownership.
(1)
Two-family dwellings, rows of attached single-family dwellings, multifamily dwellings, mobile home parks and nonresidential buildings occupied by more than one enterprise may be converted to cooperative or condominium ownership, provided that:
(a)
The site plan is approved by the Planning Commission and filed with the office of the Albany County Clerk.
(b)
Covenants and easements satisfactory to the Planning Commission have been executed which will ensure maintenance and insurance coverage for all common areas and provide for access to individual units, parking areas and other common facilities to occupants and visitors.
(2)
Conversion to condominium or cooperative ownership does not create any right to divide land into lots where either the lots or any improvements thereon violate any provision of the Code.