Glenville Town City Zoning Code
ARTICLE XX
Administration
§ 270-145 Zoning administration governed by Town Law and others.
In general, the rules and regulations which guide the Town's planning and zoning processes are determined by New York State Town Law, and in some instances, General Municipal Law, Environmental Conservation Law, Real Property Law, Education Law, and others. This article does not attempt to reproduce the pertinent statutes, or even reference the statutes to any great degree. Rather, an attempt is made to highlight those provisions that govern day-to-day zoning administration, and to relate these provisions to the Town's review procedures.
§ 270-146 Town review boards and staff.
[Amended 10-1-2014 by L.L. No. 7-2014; 8-21-2024 by L.L. No. 9-2024]
There are a number of boards and commissions as well as Town departments involved in the administration of this chapter. What follows is a brief description of each of these boards/commissions and departments, and their roles:
A.
Boards/Commissions.
(1)
Town Board. The Town Board is the Town's legislative body. As such, it is the only Town entity with authority to create, amend, and repeal this chapter or portions thereof. The Town Board makes a final determination on all proposed Zoning Map and text amendments, whether the proposed amendments are introduced by landowners, developers, Town staff, other Town commissions, or initiated by the Town Board itself. The Town Board also delegates various powers to the Zoning Board of Appeals, Planning and Zoning Commission, Building Department, and Economic Development and Planning Department. The Town Board consists of the Town Supervisor and four councilmen, all of whom are elected. The Supervisor's and Councilmen's terms are four years.
(2)
Glenville Environmental Conservation Commission (GECC). The GECC is an advisory body that among other things, has a role in the review of any and all planning/zoning applications that qualify as a Type I SEQR action. The GECC's role in the review of the Type SEQR action is to determine if the application may result in a significant adverse environmental impact. In doing so, the GECC is to be guided by the State Environmental Quality Review Act (SEQRA). Depending on the type of application, the GECC's recommendation will be directed to the Planning and Zoning Commission, Zoning Board of Appeals, or Town Board. The GECC consists of seven members, all of whom are appointed to one-year terms by the Town Board.
(3)
Planning and Zoning Commission (PZC). The Planning and Zoning Commission has broad responsibilities, and in many respects is the most influential board/commission regarding land development. The PZC has oversight over the preparation, upkeep, and administration of the Town of Glenville Comprehensive Plan. It also is authorized to approve, approve with modifications, or disapprove all site plan review and subdivision applications, and all applications for conditional use permits. The PZC is also charged with making recommendations to the Town Board, and to the Zoning Board of Appeals on Zoning Map and text amendment applications, and use variance applications. The PZC's responsibility over conditional use permit applications is not appellate jurisdiction, but rather original jurisdiction. The conditional use permit review process is detailed in Article XVII of this chapter. The PZC consists of seven members, each serving a seven-year term. Every year, one member's term expires. The Town Board is responsible for appointments to the PZC.
(4)
Zoning Board of Appeals (ZBA).
(a)
The ZBA is a quasi-judicial body in that it entertains various appeals on zoning matters. Four of the appellate responsibilities of the ZBA include area variance applications, use variance applications, sign variance applications, and interpretations. All four of these applications are triggered by the denial of a building permit or certificate of occupancy on the part of the Town Building Inspector, Deputy Building Inspector, or Code Enforcement Officer.
(b)
(Reserved)
(c)
There are five members on the ZBA, all of whom are appointed by the Town Board. They serve five-year terms, with one member's term expiring at the end of every year.
B.
Town departments.
(1)
Building Department. The Building Inspector and Code Enforcement Officer of the Building Department are the Town's designated zoning enforcement officers regarding the administration of this chapter. They are charged with administering all provisions of this chapter, including inspections, investigations of complaints, and all enforcement actions. The Building Department also issues all building permits and certificates of occupancy. Denials of such may be taken up on appeal to the Zoning Board of Appeals. Building Department staff is responsible for the initial review of area variance applications to ensure that these applications are complete and suitable for review by the ZBA. The Building Department provides technical assistance to the ZBA, PZC, and Town Board.
(2)
Economic Development and Planning Department. The Economic Development and Planning Department is responsible for the initial in-house review of all planning and zoning applications (except area variances) to ensure that these applications are complete and suitable for review by the various Town commissions and boards. The Economic Development and Planning Department serves as principal staff to the GECC and the PZC, and the department also provides guidance to the Town Board on zoning map and text amendments. The Economic Development and Planning Department is principally responsible for preparing and amending various land use documents such as this chapter, the Comprehensive Plan, and Subdivision Regulations.[1] Staff of the Economic Development and Planning Department is also responsible for determining the minimum and maximum number of parking spaces required for any land use not specified in Schedule A of this chapter.[2] Before any development project requiring site plan approval, a conditional use permit, or a use variance for new construction receives a certificate of occupancy, a member of the Economic Development and Planning Department shall inspect the construction site for compliance with the approved site and landscaping conditions, including external building features as required by Article XVIII.
[1]
Editor's Note: See Ch. 242, Subdivision of Land.
[2]
Editor's Note: Schedule A is included as an attachment to this chapter.
(3)
Public Works Department. The Public Works Department consists of staff of the Highway, Engineering, and Water and Sewer Departments. Public Works Department staff is responsible for the oversight of septic system installation, the public water distribution system, public sewer system, stormwater management facilities and systems, and road design. It is also responsible for Town road maintenance and for oversight of new road construction. Public Works Department staff provides input to the PZC and Town Board on any planning/zoning applications involving new Town roads, water or sewer infrastructure, and drainage systems.
§ 270-147 Types of planning and zoning applications.
[Amended 10-1-2014 by L.L. No. 7-2014; 8-21-2024 by L.L. No. 9-2024]
There are a number of different kinds of planning and zoning applications, some of which are detailed in other articles of this chapter. These applications are as follows:
A.
Area variance.
(1)
An area variance is a mechanism that allows a landowner to build on his or her property in a way that is otherwise prohibited by this chapter. Typically, an area variance is sought by an individual or corporation wishing to waive one or more dimensional standards such as minimum front, rear, and side yard setbacks, maximum site coverage, minimum lot width, minimum or maximum parking spaces, etc.
(2)
Due to the peculiarities of a particular parcel (i.e., rock outcrops, odd-shaped parcel, excessively steep slopes, etc.), there may be instances when it simply is not possible or practical to build on a parcel without violating certain dimensional zoning regulations. Following denial of a building permit by the Building Department, an individual or corporation may appeal to the ZBA and seek administrative relief via an area variance.
(3)
The ZBA is required to hold a public hearing prior to acting on an area variance application.
(4)
In evaluating an area variance application, the ZBA 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 a determination, the ZBA shall apply the following criteria or tests:
(a)
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;
(b)
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
(c)
Whether the requested area variance is substantial;
(d)
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(e)
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the ZBA, but shall not necessarily preclude the granting of the area variance.
(5)
The ZBA, in the granting of area variances, shall grant the minimum variance that it deems necessary and adequate while at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community.
(6)
The ZBA may also impose reasonable conditions and restrictions on the area variance 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 this chapter, and shall be imposed for the purpose of minimizing any adverse impact that the area variance may have on the neighborhood or community.
B.
Use variance.
(1)
A use variance is a mechanism that allows for the establishment of a land use that is not permitted within a particular zoning district. For example, if an individual would like to open a restaurant in a residential zoning district that prohibits restaurants, the use variance would provide a means of relief, if warranted.
(2)
While the establishment of a prohibited land use within a particular zoning district could have a significant adverse impact on the neighborhood, there may be instances where a property owner is subjected to unnecessary hardship as a result of zoning restrictions placed on his/her property. Following denial of a building permit by the Building Inspector or Code Enforcement Officer, an individual or corporation may appeal to the ZBA and seek administrative relief via a use variance.
(3)
The ZBA is required to hold a public hearing prior to acting on a use variance application.
(4)
In order to prove unnecessary hardship, the applicant shall demonstrate to the ZBA that for each and every permitted use under the zoning regulations for the particular district where the property is located:
(a)
The applicant cannot realize a reasonable return, provided that lack of return is demonstrated by competent financial evidence;
(b)
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;
(c)
That the requested use variance, if granted, will not alter the essential character of the neighborhood; and
(d)
That the alleged hardship has not been self-created.
(5)
The ZBA, in granting use variances, shall grant the minimum variance that it deems 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.
(6)
The ZBA may also impose reasonable conditions and restrictions on the use variance 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 this chapter, and shall be imposed for the purpose of minimizing any adverse impact that the use variance may have on the neighborhood or community.
(7)
The ZBA may also be guided by the recommendations of the Planning and Zoning Commission when considering site design elements and conditions/restrictions. The PZC will review elements of the use variance proposal that are typically evaluated as part of site plan review, as listed in Article XVI, § 270-107, of this chapter. The PZC will conduct its review and forward its comments and recommendations to the ZBA. In its report to the ZBA, the PZC will recommend approval, approval with conditions, or disapproval of the use variance. If the PZC recommends approval with conditions, or disapproval, the PZC is to detail its findings in written form to the ZBA.
C.
Sign variance.
(1)
A sign variance is a mechanism that allows an individual or corporation to erect a sign on its property in a way that is otherwise prohibited by the sign regulations of this chapter (Article IX). Typically, a sign variance is sought by an individual or corporation wishing to waive one or more dimensional standards or general requirements such as size and height limitations, placement in reference to the building and/or street, type of sign allowed in a particular zoning district, etc.
(2)
Due to the encompassing nature of the sign regulations, there may be instances when the requirements of the sign regulations would unfairly restrict the economic practices of a particular business or advertiser, thus resulting in a hardship or practical difficulty. Following denial of a building/sign permit by the Building Department, an individual or corporation may appeal to the ZBA and seek administrative relief via a sign variance.
(3)
The ZBA is required to hold a public hearing prior to acting on a sign variance application.
(4)
In evaluating a sign variance application, the ZBA shall take into consideration the benefit to the applicant if the sign variance is granted, as weighed against any resulting detriment to the health, safety, and welfare of the neighborhood or community by such grant. In doing so, the ZBA shall consider the following:
(a)
The particular hardship or difficulty to the petitioner if the variance request is denied.
(b)
The magnitude of the variance being sought.
(c)
The visual impacts to the immediate neighborhood if the variance is granted.
(d)
If the hardship or difficulty has been self-created.
(5)
The ZBA, in granting sign variances, shall grant the minimum variance that it deems necessary and adequate to address the hardship or difficulty 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.
(6)
The ZBA may also impose reasonable conditions and restrictions on the sign variance. Such conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact that the sign variance may have on the neighborhood or community.
D.
Interpretation.
(1)
Another type of appellate application, an interpretation allows a landowner or applicant to contest any decision or interpretation of the Building Inspector or Code Enforcement Officer regarding the regulations and requirements of this chapter. Following the denial of a building permit application or certificate of occupancy in which an individual or corporation disputes the Building Inspector's or Code Enforcement Officer's reading or interpretation of any provisions of this chapter, the individual or corporation can appeal said decision or interpretation in writing to the ZBA.
(2)
The ZBA is required to hold a public hearing prior to acting on any appeal involving an interpretation.
E.
Conditional use permit. Conditional use permit applications fall under the jurisdiction of the Planning and Zoning Commission. The conditional use permit review process is not appellate in nature, but rather original. It involves the review of specific types of land uses that can prove problematic in certain circumstances and/ or in particular locations. See Article XVII of this chapter for details on this type of application.
F.
Site plan review. Site plan review applications fall under the purview of the Planning and Zoning Commission. See Article XVI of this chapter for details on this type of application.
G.
Subdivision (minor and major). The review of subdivision applications is the responsibility of the Planning and Zoning Commission. These applications involve the division of land into two or more building lots. Subdivisions of two, three, or four lots are considered minor, while major subdivisions involve the division of land into five or more lots. The regulations concerning the subdivision of land are considerable, and are found in Chapter 242, Subdivision of Land.
H.
Zoning map and zoning text amendments. Often referred to as "zoning changes," zoning map and text amendments necessitate local legislative approval, and consequently can only be acted upon by the Town Board. These could be very minor in nature such as the rewording of a sentence in this chapter, or significant such as the rezoning of a large tract of land for a particular development. Zoning map and text amendments can be brought before the Town Board by individuals or corporations, or they can be initiated by Town staff, Town commissions, or the Town Board itself. The requirements and procedures associated with zoning text and map amendments are detailed in § 270-152 of this article.
§ 270-148 Building permits.
A.
Building Inspector and Code Enforcement Officer responsibilities. It shall be the duty of the Building Inspector and Code Enforcement Officer to keep written records of all applications for building permits together with any conditions or requirements for issuance. He/She shall file and safely keep copies of all plans and documents submitted, which shall be available to the Town Board, other commissions, Town staff, and the general public. The Building Inspector or Code Enforcement Officer shall issue no building permit or certificate of occupancy except when provisions of this chapter, together with applicable conditions, requirements, rules, or laws, shall be complied with. The Building Inspector and Code Enforcement Officer shall have no authority to vary the regulations of this chapter.
[Amended 10-1-2014 by L.L. No. 7-2014]
B.
Requirements for building permit.
[Amended 10-1-2014 by L.L. No. 7-2014]
(1)
No building or structure shall be begun, extended, structurally altered, or moved, nor shall any excavation be commenced, nor shall the use of an existing facility or land be changed until a building permit or grading/site preparation permit has been issued by the Building Inspector or Code Enforcement Officer.
(2)
The Building Inspector or Code Enforcement Officer shall in no case, except under written order of the ZBA, grant any building permit where the proposed use or change would be in violation of any provisions of this chapter.
C.
Application for building permit. Applications for building permits shall be made on the standard form provided by the Building Department and shall include all materials, drawings, plans, and/or information that may be required by this chapter, the New York State Uniform Fire Prevention and Building Code, and other Town, county, and state requirements.
D.
Approval by other Town departments and other agencies. No building permit shall be issued in accordance with this article unless proof of compliance of pertinent sanitary and health regulations, fire regulations, and any other local, state, or federal regulations has been obtained in writing from the issuing agency. Other such regulations and permits may include the following, in addition to others not referred to here:
(1)
Town septic system permit.
(2)
Schenectady County Health Department permit for certain types of septic systems.
(3)
Environmental Conservation Law Article 15 (stream disturbance) or Article 24 (wetlands disturbance) permits from the NYS Department of Environmental Conservation.
(4)
Wetlands disturbance permit from the U.S. Army Corps of Engineers.
(5)
Curb cut permit from the NYS Department of Transportation or the Schenectady County Department of Engineering and Public Works.
(6)
SPDES permit from the NYS Department of Environmental Conservation.
(7)
Various other local, state, and federal permits required of the building permit recipient.
E.
Approval by the Town Board, Planning and Zoning Commission, or Zoning Board of Appeals. Depending on the type of construction being proposed and the zoning district in which it is located, any number of planning and zoning-type approvals may be required prior to the issuance of a building permit. These approvals could include a Zoning Map or text amendment, site plan review, conditional use permit, subdivision, use variance, area variance, sign variance, etc. No building permit shall be issued until said approval(s) has been granted and all provisions within this chapter have been complied with.
F.
Revocation of building permit. Any building permit may be revoked if the Building Inspector or Code Enforcement Officer determines any of the following:
[Amended 10-1-2014 by L.L. No. 7-2014]
(1)
That no construction or change has occurred within six months of issuance.
(2)
That the work performed under the permit is not being executed in accordance with the provisions of the application, plans, or specifications.
(3)
That there have been any false statements or misrepresentation on the material facts of the building permit application, plans, or specifications on which the permit was based.
(4)
That the person to whom the building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector or Code Enforcement Officer.
(5)
That the person to whom the building permit was issued is in violation of any Town, county, state, or federal statute, law, or ordinance relating to said construction.
(6)
That the work being performed is not in accordance with any conditions of approval issued by the Planning and Zoning Commission, Zoning Board of Appeals, or Town Board.
G.
Appeals. Any person or corporation allegedly aggrieved as a result of an action by the Building Inspector or Code Enforcement Officer may appeal to the Zoning Board of Appeals, as provided by § 270-147D of this article, except that denials of site plan applications by the Planning and Zoning Commission shall not be subject to appeal.
[Amended 10-1-2014 by L.L. No. 7-2014]
§ 270-149 Certificates of occupancy.
[Amended 4-5-2006 by L.L. No. 3-2006; 10-1-2014 by L.L. No. 7-2014]
A.
Purpose. The purpose of the certificate of occupancy is to give the Building Inspector and Code Enforcement Officer the mechanism by which they can verify that the provisions of this chapter have been met, that the plans, drawings, and specifications submitted with the building permit have been complied with, and that the requirements of the New York State Uniform Fire Prevention and Building Code have been met.
B.
Requirements for issuance. No person shall use or permit the use of any building, structure, or premises, or any part of them hereafter erected, relocated, altered, repaired, converted, or extended, until a certificate of occupancy has been issued by the Building Inspector or Code Enforcement Officer.
C.
Temporary certificate of occupancy. A temporary certificate of occupancy may be issued for a portion of a building, provided the portion of the building to be occupied meets all the requirements of this chapter and the New York State Uniform Fire Prevention and Building Code. Temporary certificates of occupancy expire 60 days following issuance. The temporary certificate of occupancy may be extended, provided work continues to progress on the remaining portion of the building not occupied. Such temporary certificate may be renewed at the discretion of the Building Inspector or Code Enforcement Officer, for similar periods, but shall not extend, together with such renewals, beyond nine months from the date of the original issuance.
D.
Inspection. Prior to the issuance of a certificate of occupancy or temporary certificate of occupancy, the Building Inspector or Code Enforcement Officer shall inspect the building or premises to be occupied to ensure compliance with this chapter and with the New York State Uniform Fire Prevention and Building Code. In addition, before any development project requiring site plan approval, a conditional use permit, or a use variance for new construction receives a certificate of occupancy, a member of the Economic Development and Planning Department shall perform a site inspection for compliance with the approved site and landscaping conditions, including external building features which were included as part of the development plan.
E.
Revocation of certificate of occupancy. A certificate of occupancy shall continue in effect as long as the applicable facility and its use are in compliance with the provisions of this chapter. If a violation of this chapter is discovered in relation to the facility, the Building Inspector or Code Enforcement Officer shall revoke the certificate of occupancy, at which time the tenant will be directed to shut down operations and/or vacate the premises until such violation is remedied.
F.
Appeals. Any person allegedly aggrieved as a result of an action or inaction on the part of the Building Inspector or Code Enforcement Officer regarding a certificate of occupancy may appeal to the Zoning Board of Appeals, as provided in § 270-147D of this article.
§ 270-150 Public hearing publication and notice requirements.
[Amended 10-1-2014 by L.L. No. 7-2014; 8-21-2024 by L.L. No. 9-2024]
A.
Applications to the Planning and Zoning Commission. Site plan review and subdivision applications (minor and major) require a public hearing on the part of the Planning and Zoning Commission. Public hearings must be advertised in the Town's official newspaper at least five calendar days prior to the hearing date. Further, as a courtesy, the Town will attempt to notify in writing all property owners whose properties are located within 500 feet of the property under consideration of the pending public hearing.
B.
Applications to the Zoning Board of Appeals. Area variance, use variance, sign variance, and interpretation applications require a public hearing on the part of the Zoning Board of Appeals. Public hearings must be advertised in the Town's official newspaper at least five calendar days prior to the hearing date. Further, as a courtesy, the Town will attempt to notify in writing all property owners whose properties are located within 500 feet of the property under consideration of the pending public hearing.
C.
Applications to the Town Board.
(1)
Zoning map and zoning text amendments require a public hearing on the part of the Town Board. Public hearings involving zoning map and text amendments must be advertised in the Town's official newspaper at least 10 calendar days prior to the hearing date.
(2)
Further, a written notice of the public hearing is to be forwarded to the appropriate official if a zoning map amendment application involves property located within 500 feet of the following:
(a)
The property of a housing authority erecting or owning a housing project authorized under the Public Housing Law. The officials to be notified are the Executive Director of the Housing Authority and the Chief Executive Officer of the municipality providing financial assistance thereto.
(b)
The boundary of a city, village, or town. The official to be notified is the City, Village, or Town Clerk.
(c)
The boundary of a county. The official to be notified is the Clerk of the board of legislature or other person performing like duties.
(d)
The boundary of a state park or parkway. The official to be notified is the commission having jurisdiction over such state park or parkway.
(3)
Additionally, as a courtesy, the Town will attempt to notify in writing all property owners whose properties are located within 500 feet of the property under consideration for rezoning of the pending public hearing.
§ 270-151 Rehearing of Zoning Board of Appeals' applications.
A motion for the ZBA to hold a rehearing to review any decision, order, or determination of the ZBA not previously reheard may be made by any member of the ZBA. An unanimous vote of all members of the ZBA then present, provided a quorum is present, is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as the original hearing. Upon such rehearing, the ZBA may reverse, modify, or annul its original decision, order, or determination upon the unanimous vote of all the members then present, provided a quorum is present, provided the ZBA finds the rights vested in persons acting in good faith in reliance upon the reheard decision, order, or determination will not be prejudiced thereby.
§ 270-152 Zoning Map and zoning text amendments.
A.
Town Board power to amend. The Town Board may, on its own initiative, or upon receipt of an application by a landowner, or on recommendation from the Planning and Zoning Commission, other Town commissions/boards, or Town departments, amend, supplement, or repeal the regulations of this chapter.
B.
Town Board not mandated to consider proposed zoning amendment applications. Applications to the Town Board to amend the zoning map or zoning text, regardless of the petitioner, need not be considered by the Town Board. Any applications not considered by the Town Board, including the application fee, shall be returned to the applicant within 90 days of receipt of said application.
[Amended 10-1-2014 by L.L. No. 7-2014]
C.
Referral to the Planning and Zoning Commission. Every zoning map or text amendment proposal to be considered by the Town Board, regardless of who initiated the proposal, shall be referred to the Planning and Zoning Commission for report thereon, prior to the Town Board holding a public hearing. In its recommendation to the Town Board, the Planning and Zoning Commission shall state its reasons either supporting or recommending denial of the zoning map or text amendment. in making its recommendations, the Planning and Zoning Commission shall take into consideration the policies, goals, and recommendations outlined in the Comprehensive Plan, and it shall consider the purposes set forth in Article I of this chapter.
[Amended 10-1-2014 by L.L. No. 7-2014]
D.
Approval of the Town Board. A majority vote of the Town Board is required to approve any zoning map or zoning text amendment, except as noted in Subsection D(1), (2), and (3) below, when a three-quarters-vote of the Town Board's membership is required, or in the case of Subsection D(4) below, when a majority-plus-one vote of the Town Board's membership is required (either way, four like votes are required in the following four instances):
[Amended 10-1-2014 by L.L. No. 7-2014]
(1)
Protest petition signed by the owners of 20% of more of the area of land included in such proposed zoning map amendment.
(2)
Protest petition signed by the owners of 20% or more of the area of land immediately adjacent to that land included in such proposed zoning map amendment, extending 100 feet therefrom.
(3)
Protest petition signed by the owners of 20% or more of the area of land directly opposite thereto, extending 100 feet from the street frontage of such opposite land.
(4)
In those instances where approval of the zoning map amendment is contrary to the recommendation of the Schenectady County Planning Department, pursuant to §§ 239-l and 239-m of the General Municipal Law.
E.
Public hearing. Prior to a Town Board decision being rendered on a proposed zoning map or zoning text amendment, the Town Board is required to conduct a public hearing as detailed in § 270-150C of this article.
[Amended 10-1-2014 by L.L. No. 7-2014]
F.
Factors to be considered. In making a decision on a proposed zoning map or zoning text amendment, the Town Board shall consider the recommendations of the Planning and Zoning Commission, as well as those concerns and comments raised at the public hearing. Further, the following factors are to be considered by the Town Board:
[Amended 10-1-2014 by L.L. No. 7-2014]
(1)
Whether the proposed zoning amendment will be compatible with the Town of Glenville Comprehensive Plan.
(2)
Whether the proposed amendment will be compatible with neighboring land uses.
(3)
Whether the zoning amendment will preserve nearby land values.
(4)
Whether the character of the neighborhood will be preserved following the amendment.
(5)
Whether the proposed zoning amendment is compatible with the various other purposes of this chapter as identified in Article I of this chapter.
G.
Amendments to the zoning map and/or text. Any amendments to the zoning map and/or text shall be entered into the minutes of the Town Board. Such minutes shall describe and refer to any map adopted in connection with such amendment or supplement, and a copy, summary, or abstract thereof (exclusive of any map incorporated therein) shall be published in the Town's official newspaper. Affidavits verifying publication in the official newspaper shall be filed with the Town Clerk.
[Amended 10-1-2014 by L.L. No. 7-2014]
§ 270-153 Referral to Schenectady County Economic Development and Planning Department.
[Amended 10-1-2014 by L.L. No. 7-2014]
A.
Types of applications requiring referral and locational triggers. In accordance with §§ 239-l, 239-m, and 239-n of the General Municipal Law of New York State, any application for site plan review, subdivision, conditional use permit, use variance, area variance, sign variance, or the adoption or amendment of any zoning ordinance or map must be referred to the Schenectady County Economic Development and Planning Department, if it involves real property located within 500 feet of the following:
(1)
The boundary of any city, village, or town; or
(2)
The boundary of any existing or proposed county or state park or other recreation area; or
(3)
The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road, or highway; or
(4)
The 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)
The existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated; or
(6)
The boundary of a farm operation located in an agricultural district, as defined by Article 25AA of the Agriculture and Markets Law, except this provision does not apply to area variance applications.
B.
Time allotted for county review. The Schenectady County Economic Development and Planning Department is obligated to respond in writing to the zoning referral within 30 days receipt of said referral. If the county fails to respond within the thirty-day time frame, the appropriate Town review board/commission is free to render a decision on the application.
C.
Voting requirements upon receipt of county report. Should the Schenectady County Economic Development and Planning Department recommend modifications to or denial of the planning/zoning application, the appropriate Town commission or board may only approve such application by a majority-plus-one vote of the entire board/commission membership.