Glens Falls City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 220-42 Enforcement.
A.
Enforcement officer. This chapter shall be administered and enforced by the Building Inspector or Code enforcement officer, who are referred to in this chapter as the "enforcement officers." He shall be appointed by the Common Council of Glens Falls. The Common Council may fix the salary on remuneration of such enforcement officer and provide for the payment thereof.
B.
Rules, regulation and forms. The enforcement officer shall have the authority to make, adopt and promulgate such written rules, regulations and forms as he/she may deem necessary for the proper enforcement and administration of this chapter and to secure the intent thereof. Such rules, regulations and forms shall not be in conflict with the provisions of this chapter or any other ordinance or local law of the City of Glens Falls, nor shall they have the effect of waiving any provisions of this chapter or any other ordinance or local law. Such rules, regulations and forms shall have the same force and effect as the provisions of this chapter and are subject to the same penalties for violation thereof. Such rules, regulations and forms shall be submitted to the Common Council by the enforcement officer, which shall move to approve, reject or modify such rules, regulations or forms within 30 days after submission. Failure to so move shall be construed to constitute approval thereof. Said rules, regulations and forms as approved by the Common Council shall be on file and available to public view.
C.
Records. The enforcement officer shall keep clear, concise and adequate records of all activities in performance of his/her office, including all applications for permits and certificates and his/her action thereupon.
D.
Reports. The enforcement officer shall make a monthly report to the Common Council of all activities in performance of his/her duties in the form required by the Common Council, and shall turn over to the Common Council all fees collected. A copy of the monthly report shall be filed with the City Clerk, the Planning Board and the Zoning Board of Appeals.
E.
Entry and inspection. The enforcement officer shall have the right to enter upon, examine or inspect any building or property at any time for the purpose of carrying out his/her duties and to determine compliance with the provisions of this chapter. A written report of each such examination and inspection shall be prepared on an appropriate form and kept on file by the enforcement officer.
F.
Action in response to appeal. In the event that any of the enforcement officer's actions are appealed to the Zoning Board of Appeals, he/she shall forward to the Zoning Board copies of all records relevant to such action and shall appear before the Zoning Board of Appeals when a public hearing upon such appeal is held.
§ 220-43 Violations.
A.
General. Whenever, in the opinion of the enforcement officer, after proper examination and inspection, there appears to exist a violation of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, he/she shall serve a written notice of violation upon the appropriate person responsible for such alleged violation.
B.
Notice of violation. Such notice may be served upon the person to whom it is directed either by delivering it personally to him/her, or by posting the same upon a conspicuous portion of the building under construction or premises in use and by sending a copy of the same to the person or persons responsible by certified mail. Such notice of violation shall inform the recipient of:
(1)
The nature and details of such violation;
(2)
Recommend remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto;
(3)
The date of compliance by which the violation must be remedied or removed; and
(4)
The right to a hearing before the Zoning Board of Appeals.
C.
Appearance ticket. The enforcement officer is hereby empowered to issue appearance tickets to enforce the provisions of this chapter.
D.
Emergency action.
(1)
If, in the opinion of the enforcement officer, a violation exists which requires immediate action to avoid a direct hazard or imminent danger to the health, safety or welfare of occupants of a building, or to other persons, the enforcement officer may order such violation immediately remedied, or may take direction action on his/her own initiative to abate the hazard or danger. Any costs incurred by such action shall be paid for by owner, occupant or person responsible for the violation. The enforcement officer shall keep on file an affidavit stating with fairness and accuracy the items of expense and date of execution of action taken, and the enforcement officer is furthermore authorized to institute a suit, if necessary, against the person liable for such expenses, or place a lien against his/her property, in order to recover the costs.
(2)
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints shall be filed with the enforcement officer, who may require such complaint to be in writing. The enforcement officer shall have the complaint properly investigated and report thereon to the Common Council.
E.
Status of existing violations. No building permit or certificate of occupancy required by this chapter shall be issued by the enforcement officer pertaining to any premises on which there exists a violation of this chapter, or any related City regulation which governs either building construction or the use of land and structures within the City of Glens Falls.
§ 220-44 Penalties for offenses.
A.
A notice of violation of the violation of any provision or requirement of this chapter or violation of any statement, plan, application, permit or certificate approved under the provisions of this chapter shall be delivered via certified mail or personal service on the liable party or parties. The owner, general agent or contractor of a building, premises, or part thereof, where such a violation has been committed or does exist, and any agent, contractor, builder, architect, corporation or other person who commits, takes part in or assists such violation shall be liable for such an offense. If said violation is not cured within 30 days of the date of the certified mailing, or personal service, then said violation shall be considered an offense. Said offense shall be punishable upon conviction by a fine of not more than $1,000 for each offense. Each and every month that said violation remains in effect after the date of the service of the notice of violation shall be considered a separate offense, which shall be punishable by the penalties set forth above. All such penalties shall be collectible by and in the name of the City.
[Amended 7-21-2005 by L.L. No. 5-2005[1]]
[1]
Editor's Note: This local law was amended 8-4-2005 by Res. No. 255 to make a minor wording change.
B.
Court action. The imposition of penalties herein prescribed shall not preclude the City from instituting any appropriate legal action or proceeding in a court of competent jurisdiction to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance of use, or to restrain by injunction, correct or abate a citation on prevent the illegal occupancy of a building, land or premises.
§ 220-45 Building permits.
All persons proposing to construct, erect, relocate, alter, repair, remove, demolish or structurally change any building, structure or portion thereof shall apply to the enforcement office for a building permit on an appropriate form.
A.
Application for building permit. Any such application for a building permit shall be made in duplicate, shall state the use and occupancy proposed and shall be accompanied by two copies of all plans drawn to scale showing the dimensions and location, on the lot or in the building, of the proposed construction, erection, relocation, repair, extension, removal, demolition or structural change, and showing its relation to any existing building or other structures, and the proposed grading around such building.
B.
Approval. The enforcement officer, after determining that such proposed work, use and occupancy are in compliance with all provisions of this chapter, the Building Code and other applicable ordinances, may approve any such application and issue a building permit in connection therewith.
C.
Disapproval. The enforcement officer, after determining that such proposed work, use and occupancy are not in compliance with all provisions of this chapter; the Building Code and other applicable ordinances, shall disapprove such application and shall return to the applicant one copy of such application and shall return to the applicant the plan, endorsed as disapproved, with the reasons stated in writing thereon.
D.
Prior approval. If approval is required by the Zoning Board of Appeals, Planning Board, County Health Department or other agency for any such proposed work, such approval shall be obtained in writing and submitted along with the application for a building permit.
E.
Expiration. Every building permit issued shall become void after the expiration of six months immediately following the date of issuance, and any further work on any premises after the expiration date or extension period of such building permit has passed shall constitute a violation of this chapter. Prior to such expiration date, the applicant may either apply to the enforcement officer for a new building permit or for an extension of the expiration date of the original building permit.
F.
Extension. The enforcement officer may, for just cause, extend the expiration date of any building permit for a reasonable time period and may attach reasonable conditions to such extension relating to the work involved or situations that exist as a result of the work.
G.
Recission. The enforcement officer may, for just cause, rescind a building permit which he/she has issued.
H.
Inspection. The enforcement officer shall inspect or cause to be inspected any building, structure or portion thereof after completion of any work for which a building permit was issued and be assured that all plans as approved are complied with before issuing a certificate of occupancy in accordance with § 220-46.
I.
Appeals. Any person allegedly aggrieved as a result of an action or failure to act by the enforcement officer in regard to a building permit shall have recourse to the Board of Appeals.
§ 220-46 Certificate of occupancy.
A.
Who must obtain certificate. All persons desiring permission to:
(1)
Occupy and use a building or structure on part thereof following construction, erection, relocation, alteration, repair, extension, removal, demolition on structural changes, wholly or in part; or
(2)
Change the use of an existing building or a part thereof; or
(3)
Occupy and use vacant land or to change the use of land, for any uses other than those consisting principally of tilling the soil.
B.
Application for certificate of occupancy. Any such application for a certificate of occupancy shall be made in duplicate in accordance with rules established by the enforcement officer. Such application shall be made concurrently with an application for a building permit.
C.
Approval. The enforcement officer may issue a certificate of occupancy after determining by inspection that such person complies with this chapter and other applicable ordinances, or the premises complies with the plans, specifications and conditions for which a building permit was issued.
D.
Additional data and documents. Every applicant for a certificate of occupancy shall list the data and documents submitted with his/her application for a building permit or, in case none was required, he/she shall submit such additional data and documents as are required by rules established by the enforcement officer.
E.
Entitlement. The issuance of a certificate of occupancy by the enforcement officer shall entitle and authorize the applicant to occupy and use, initially and continuously, or to change the use of, building and land in accordance with this article.
F.
Validity. A certificate of occupancy shall remain valid only for those specific conditions of use and occupancy in effect at the time of issuance on for which said certificate was issued, subject to the requirements for nonconforming uses.
G.
Disapproval. In case the enforcement officer shall refuse to issue a certificate of occupancy, his/her reasons shall be stated in writing on the application, and one copy shall be returned to the applicant.
H.
Rescission. The enforcement officer may rescind for just cause a certificate of occupancy which he/she has issued.
I.
Appeal. Any persons allegedly aggrieved as a result of an action or failure to act by the enforcement officer in regard to a certificate of occupancy shall have recourse by appeal to the Zoning Board of Appeals.
J.
Approvals needed. No certificate of occupancy shall be issued for any special use of a building or land requiring special permit or final site plan approval by the Planning Board, unless and until such special use permit or final site plan approval has been granted by the Planning Board. Every certificate of occupancy for which a special use permit or final site plan approval has been granted, or in connection with which a variance has been granted by the Zoning Board of Appeals, shall contain a detailed statement of any condition(s) to which the same is subject and include, by attachment, a copy of such Board of Appeals or Planning Board decision.
K.
Temporary certificates of occupancy. A temporary certificate of occupancy for not more than 90 days may be issued by the enforcement officer. Such a certificate shall be required for:
(1)
Land for the purpose of temporary amusements, provided that such use shall not be detrimental to the community welfare.
§ 220-47 Planning Board.
A.
Purpose and intent. The purpose of this section is to provide for the creation of a Planning Board.
B.
General provisions.
(1)
Creation, appointment and organization. There is hereby established a Planning Board pursuant to General City Law, which shall consist of seven members appointed by the Mayor or other duly authorized appointing authority. The Mayor shall designate one member as Chairperson. On failure to do so, the Planning Board shall elect a Chairperson. The Mayor shall have the power to remove any member of the Planning Board for cause and after public hearing.
(2)
Terms. The terms of members of the Planning Board shall be in compliance with applicable General City Law.
(3)
The Planning Board is governed and shall act in strict accordance with procedures specified by General City Law, this chapter and its own duly adopted rules, bylaws and forms and may perform the following functions:
(a)
Rules of procedure, bylaws, forms. The Planning Board may adopt rules and regulations in respect to procedure before it and in respect to any subject matter over which it has jurisdiction after public hearing by the Planning Board.
(b)
General reports. The Planning Board shall have full power and authority to make such investigations, maps and reports and recommendations in connection therewith relating to the planning and development of the City as it deems desirable, providing the total expenditures shall not exceed the appropriation for its expenses.
(c)
Reports on matters referred to it. The Planning Board may by general or special rule provide an opinion or decision on any matter referred to the Planning Board before final action thereon by the public body or officer having final authority thereon with or without the provision that final action thereon shall not be taken until the Planning Board has submitted its report thereon or has had a reasonable time, to be fixed in said rule, to submit the report.
(d)
Master plan. The Planning Board may prepare and change a comprehensive plan for the development of the entire area of the City. The Planning Board may advertise and hold public hearings when it desires, notice of which hearings shall be advertised at least once in a newspaper of general circulation in the City at least seven days before such hearing.
§ 220-48 Board of Appeals.
A.
Purpose and intent. The purpose of this section is to provide for the creation of a Zoning Board of Appeals with the power to issue variances from this chapter in cases where the strict application thereof would result in practical difficulty or unnecessary hardships inconsistent with the general purpose and objectives of this chapter. It is further the purpose of this section to provide a mechanism for appeal of any decision of the enforcement officer and to provide a mechanism for interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
B.
General provisions.
(1)
Creation, appointment and organization. There is hereby established a Zoning Board of Appeals pursuant to General City Law, which shall consist of seven members appointed by the Mayor, each of whom is appointed for three years. The Mayor shall designate one member as Chairperson. A member of the Board of Appeals shall not at the same time be a member of the Common Council. The Mayor shall have the power to remove any member of the Zoning Board of Appeals for cause, and after public hearing. A vacancy occurring other than by expiration of a term shall be filled by the Mayor by appointment for the unexpired term.
(2)
The Board of Appeals is governed by and shall act on strict accordance with procedures specified by General City Law, this chapter and its own duly adopted rules, bylaws and forms and shall perform the following functions:
(a)
Rules of procedure, bylaws, forms. The Zoning Board of Appeals shall have the power to make, adopt and promulgate such written rules of procedure, bylaws and forms as may be provided for in § 81 of the General City Law for the proper execution of its duties and to secure the intent of this chapter. Such rules, bylaws and forms shall not be in conflict with, or have the effect of waiving, any provisions of this chapter or any other ordinance or laws of the City of Glens Falls. Such rules, bylaws, forms, and any subsequent amendments or supplements thereto, shall be submitted to the Common Council by the Zoning Board of Appeals for approval and filing for public view. The Common Council shall move to approve, reject or modify such rules, bylaws and forms within 30 days after submission.
(b)
Appeals seeking interpretations. The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by the enforcement officer. This shall not be construed so as to permit an appeal to the Zoning Board of Appeals of a decision or determination made by the enforcement officer which is based upon a determination of the Planning Board.
(c)
Appeals seeking variances. The Zoning Board of Appeals shall have the power to vary or modify the regulations of this chapter relating to the use, construction or alteration of buildings, structures or the use of land. There are two types of variances.
[1]
Area variance. "Area variance" shall mean the authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
[a]
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such ordinance or local law, to grant area variances as defined herein.
[b]
In making its determination, the Zoning Board of Appeals 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 by such grant. In making such determination the Board shall also consider:
[i]
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
[ii]
Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance;
[iii]
Whether the requested area variance is substantial;
[iv]
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[v]
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
[c]
The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
[2]
Use variance. "Use variance" shall mean the authorization by the Zoning Board of Appeals for the use of land which is otherwise not allowed or is prohibited by the applicable zoning regulations.
[a]
The Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of such ordinance or local law, shall have the power to grant use variances, as defined herein.
[b]
No such use variance shall be granted by a Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship to the applicant shall demonstrate to the board of appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
[i]
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
[ii]
That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
[iii]
That the requested use variance, if granted, will not alter the essential character of the neighborhood; and
[iv]
That the alleged hardship has not been self-created.
[c]
The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
[d]
Conditions. The Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the zoning ordinance or local law, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
[e]
Site plan review and approval. Before commencing any land use activity pursuant to a use variance granted by the Zoning Board of Appeals, the owner of the property subject to such use variance or a person authorized in writing to act for such owner shall, after the grant of such use variance, comply with the site plan review and approval provisions of the City of Glens Falls, New York, Zoning Law, including, without limitation, § 220-27 hereof, and any use variance granted hereunder shall and is hereby conditioned upon the applicant's compliance with those provisions.
[Added 7-21-2005 by L.L. No. 6-2005]
C.
Procedures.
(1)
Meetings and voting requirements. Meetings shall be held at the call of the Chairperson or at such other times as the Board of Appeals may determine. A quorum shall consist of four members. In order to reverse a decision of the enforcement officer or to authorize a variance, an affirmative vote of at least four members shall be required. A favorable vote of a majority plus one of all members shall be required if the action taken by the Zoning Board of Appeals is contrary to an advisory recommendation received from the Warren County Planning Board under the provisions of § 239(m) of the General Municipal Law. The Board shall keep accurate minutes of its proceedings documenting fully all findings and, showing the vote of each member upon each question. All meetings of the Board of Appeals shall be open to the public.
(2)
Appeals.
(a)
An appeal to the Board of Appeals may be taken by any person aggrieved, or by an officer, board or bureau of the City affected thereby.
(b)
Such appeals shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the enforcement officer by filing with said enforcement officer and with the Zoning Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The enforcement officer shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken. The cost of sending or publishing any notices relating to such appeal shall be borne by the appealing party and shall be paid to the Board of Appeals prior to the hearing of such appeal.
(c)
All applications and appeals made to the Board of Appeals shall be in writing on forms furnished by the enforcement officer. Every application of appeal shall refer to the specific provision of this chapter being appealed and shall exactly set forth the interpretation that is claimed, in addition to the information requested on the form.
(d)
The application of appeal shall contain a reasonably accurate description of the present improvement and the additions on changes intended to be made under this application, indicating the size of such proposed improvements, material and general construction thereof.
(e)
The application of appeal shall contain a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements thereon and proposed to be erected thereon, and all yard dimensions and adjacent property owners.
(f)
Each application for an area or use variance shall be accompanied by a proposed site plan at an appropriate scale showing the size and placement of the lot, including County Tax Map reference numbers (section, block, lot) surrounding land use, design and location of proposed buildings, driveways, parking areas, landscaping and screening, proposed drainage and utility systems, existing and proposed contours of the land and any other information deemed necessary by the Zoning Board of Appeals.
(g)
The Zoning Board of Appeals has the right to waive any of the aforementioned application requirements which it feels are inapplicable.
(h)
Within 35 days of receipt by the Zoning Board of Appeals of a completed application of appeal, the Zoning Board of Appeals shall give notice by public ad in a newspaper of general circulation in the City of a public hearing to be held on the application not less than 10 days and not more than 31 days after the notice.
[1]
In case of an appeal alleging error or misinterpretation in any order or other action by the enforcement officer, the following persons shall be notified; the enforcement officer, appellant and the person or persons, if any, who benefit from the order, requirement, regulation or determination.
[2]
In case of an appeal for a variance, the following persons shall be notified: all owners of property within 200 feet of the nearest line of the property for which the variance is sought, and to such other property owners as the Chairperson of the Board of Appeals may direct.
[3]
Within 60 days of the final adjournment of a public hearing called and held under Subsection C(2)(g) of this section, the Zoning Board of Appeals shall render its decision. The decision of the Board shall be in writing and shall contain findings and the factual basis for each finding from the record of the hearing, which shall support the decision of the Board.
(3)
Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies for the Board of Appeals, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate, stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by the Supreme Court on application, on notice to the Zoning Administrator and on due cause shown.
(4)
Referral to County Planning Board.
(a)
Prior to taking action on any matter which would cause any change in the regulations or use of land or building on real property as specified in § 239-m of the General Municipal Law, the Zoning Board of Appeals shall refer such mailer to the County Planning Board. Such actions shall include those which affect property located within 500 feet of the following:
[1]
Municipal boundary;
[2]
Boundary of any existing or proposed county or state park or other recreation area;
[3]
Right-of-way of any existing or proposed county or state road or highway;
[4]
Existing or proposed right-of-way of any stream or drainage channel owned by the county, or for which the county has established channel lines; or
[5]
Existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.
(b)
If within 30 days after such referral the County Planning Board disapproves the proposal or recommends modification thereof, the Zoning Board of Appeals shall not act contrary to such disapproval or recommendation except by a majority vote plus one of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action.
(c)
If the County Planning Board fails to report within such thirty-day period or such longer time period as may have been agreed upon, the Zoning Board of Appeals may act without such report.
(5)
Requests for assistance. In hearing an appeal, the Zoning Board of Appeals shall have the authority to call upon any department, agency or employee of the town for such assistance as shall be deemed necessary and as shall be authorized by the Common Council. Such department, agency or employee shall be reimbursed for any expenses incurred as a result of such assistance.
(6)
Compliance with State Environmental Quality Review Act. The Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 617 of the New York Codes, Rules and Regulations.
(7)
Decisions. Every decision of the Zoning Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case. Each such resolution, together with all documents pertaining thereto, shall be filed in the Office of the City Clerk, by case number, under one of the following headings, interpretations or variances, within five business days after such decision is rendered. A copy thereof shall be mailed to the applicant.
(8)
Expiration of appeal decision. Unless otherwise specified by the Board of Appeals, a decision on any appeal shall expire if the applicant fails to obtain any necessary building permit or comply with the conditions of said authorized permit within six months from the date of authorization thereof The Board of Appeals may increase this period from six months to one year at its discretion.
(9)
Appeal from decision of Board of Appeals. All decisions of the Board of Appeals, are subject to court review in accordance with applicable laws of the State of New York.
D.
Required interval for hearings and applications and appeals after denial. Whenever the Board, after hearing all the evidence presented upon an application of appeal under the provisions of this chapter, denies the same, the Board of Appeals shall refuse to hold further hearings on said or substantially similar application of appeal by the same applicant, his or her successor or assign for a period of one year, except and unless the Board of Appeals shall find and determine from the information supplied by the request for a rehearing that changed conditions have occurred relating to the promotion of the public health, safety, convenience, comfort, prosperity and general welfare, and that a reconsideration is justified. Such rehearing would be allowable only upon a motion initiated by a member of the Board of Appeals and adopted by the unanimous vote of the members present.
E.
Relief from decisions. Any person or persons jointly or severally aggrieved by any decision of the Board of Appeals may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Laws and Regulations of the State of New York. Such proceeding shall be governed by the specific provisions of Article 78, except that the action must be initiated as therein provided within 30 days after the date of approval of the minutes of the meeting in which the action was taken.
§ 220-49 Amendments.
The Common Council may, from time to time on its own motion or on a petition, after public notice and hearing which hearing may be held by the Council or by Committee of the Council or by the Planning Board, amend, supplement, repeal or change the regulations and districts established by this chapter.
A.
Advisory report by Planning Board.
(1)
Each such proposed amendment or change shall be referred to the Planning Board. The Planning Board shall submit to the Common Council its advisory report within 30 days after receiving notice from the City Clerk of the proposed change. The failure to make such report within 35 days shall be deemed to be a favorable recommendation.
(2)
In undertaking such review as shall be requested by the Common Council, the Planning Board shall make inquiry and provide recommendations concerning the matters specified below:
(a)
Whether such change is consistent with the purposes embodied in this chapter as applied to the particular district or districts concerned;
(b)
Which areas and establishments in the City will be directly affected by such change and in what way they will be affected;
(c)
Whether adequate public services and other support facilities exist or can be created to serve the needs of any additional development that may occur as a result of such change;
(d)
The indirect implications of such change in its effect on other regulations; and
(e)
Whether such proposed amendment is consistent with the underlying objectives of the City's Master Plan and this chapter.
B.
Common Council procedure.
(1)
Public hearing. No such change in text or zoning district boundary of this chapter shall become effective until after a public hearing is held in relation thereto at which the general public shall have an opportunity to be heard.
(2)
Public notice of hearing. At least 10 days prior to the date of such public hearing, a notice of the time, and place of such hearing shall appear in a newspaper of general circulation in the City. Such notice shall describe the area, boundaries, regulations or requirements that such proposed change involves. Notice of any proposed change or amendment affecting property within 500 feet of any other municipality, state park or parkway shall be provided to the Clerk of such municipality at least 10 calendar days prior to the date of such public hearing. Written notice of such proposed change or amendment affecting property within the protectively zoned area of a housing project authorized under the Public Housing Law shall be given at least 10 calendar days prior to the date of such hearing.
(3)
Required referral. The City Clerk shall promptly transmit to the Warren County Planning Board any matters required to be referred pursuant to the provisions of §§ 239-l and 239-m of the General Municipal Law. Sections 239-l and 239-m of the General Municipal Law require that any municipal zoning regulation, or amendment to a zoning regulation, which would change the district classification of, or the regulations applying to, real property lying within a distance of 500 feet from the boundary of any City, village, town, existing or proposed county or state park or other recreation area; any right-of-way or any stream or drainage channel owned by the county for which the county has established channel lines; any existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated. No proposed amendment shall be acted upon until a recommendation has been received from the County Planning Board or 30 calendar days have elapsed since the County Planning Board received all materials relevant to such proposed amendment.
(4)
Compliance with State Environmental Quality Review Act. Proposed amendments are actions subject to the provisions of the New York State Environmental Quality Review Act. Prior to formal consideration and public hearing, the City Council shall make a determination as to the type of action, lead agency status and environmental significance of the proposal in accordance with Article 8 of the Environmental Conservation Law and Part 617 NYCRR.
(5)
Common Council action. The Common Council may approve any such proposed amendment by a majority vote of said Council, except that a favorable vote of a majority plus one shall be required, if:
(a)
Action being taken is contrary to the advisory recommendation received from the Warren County Planning Board under the provisions of §§ 239-l and 239-m of the General Municipal Law; or
(b)
In accordance with the provisions of § 83 of the General City Law, a protest petition against such amendment has been duly signed and acknowledged by the owners of at least 20% of the land area included in such proposed change or of that immediately adjacent extending 100 feet therefrom or by the owners of 20% or more, of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land. Such change or amendment thus protested shall require the favorable vote of 2/3 of all the members of the Common Council in office to become effective, exclusive of the Mayor.
(6)
Publication and posting. Every zoning local law and every amendment to a zoning local law, including any map incorporated therein, shall be entered in the minutes of the Common Council. There shall be published once in the official newspaper of the City a notice that the law or amendment has been passed, a brief description of the substance of the ordinance and its intent and purpose, where appropriate, and a statement that the same is on file and may be examined at the City Clerk's office. The Common Council may also require the whole or any portion of the law to be published at that time.
§ 220-50 Fees.
Fees for building permits, inspections, certificates of occupancy, applications, amendments, appeals and any other submission or action which requires a fee as determined and established by the Common Council shall be paid in such amounts, and at such times, as established by the City Council from time to time. Said fees will be posted in the Building Department on the official Schedule of Fees for the City of Glens Falls.