Hoosick Falls City Zoning Code
ARTICLE 6
ADMINISTRATION AND ENFORCEMENT
§ 601 FEES.
1.
The Village Board of Trustees may establish by Resolution a schedule of filing fees to be charged for the application for Building Permits, Certificates of Occupancy, Appeals, Site Plan Review, Conditional Use Permits, Variances, and other functions of the Zoning Code to be known as Village Fee Schedule.
§ 602 PLOT PLAN.
1.
Plot Plans shall be drawn to scale and accurately dimensioned.
2.
Plot Plans shall also note existing proposed uses of land and structure.
3.
Plot Plans for one-family and two-family dwellings shall be submitted to and shall be reviewed by the Building Inspector. Site plans for one-family and two-family dwellings shall show the lot, the location of all existing and proposed structures and open space on the land, and all other pertinent information, such as driveways and other traffic access, interior circulation, landscaping and fencing, necessary for the appropriate agent or board to determine whether the proposed development complies with the requirements and standards of this local law.
4.
Plot Plan for multi family dwelling, accessory uses (excluding home occupations), commercial uses, industrial uses, or any conditional permit uses shall be submitted to and shall be reviewed by the Building Inspector only after the Village Planning Board has approved the site plan for said use pursuant to the Site Plan Review Law of the Village of Hoosick Falls.
§ 603 PLOT PLAN REFERRAL TO THE VILLAGE PLANNING BOARD.
1.
In making its report, the Planning Board shall consider the impact of the proposed change on both the vicinity and community and the consistency of the change with objectives of both the district and local law as a whole.
2.
The Planning Board report shall include a full statement of the reasons for its recommendations.
3.
The referring Board may act without the Planning report only if the Planning Board fails to report within a period of forty-five (45) days from the date of its receipt of the referral, or such longer period of time mutually agreed upon by both Boards.
§ 604 REFERRAL TO RENSSELAER COUNTY BUREAU OF PLANNING.
1.
In accordance with provisions of paragraphs l and m of Section 239, Article 12-B of the General Municipal Law, all proposed Conditional Use Permits, Variances, Site Plans, Interpretations and Amendments which would change the district classification or requirements applying to land lying within a distance of five hundred (500) feet of the following locations shall be referred to the Rensselaer County Bureau of Planning for review:
a.
Any municipality.
b.
Any county or state park or recreation area.
c.
The right of way of any county or state parkway, thruway, expressway, road or highway.
d.
The right of way of any stream or drainage channel owned by the county or for which the county has established channel lines.
e.
Any county or state owned land upon which a public building is situated.
f.
The boundary of a farm operation located in an Agricultural District, as defined by Article 25-AA of the Agriculture and Markets Law.
2.
The appropriate local Board shall take no action on such proposed Conditional Use Permit or Variance or Amendment until the Rensselaer County Bureau of Planning recommendation has been received or a period of thirty (30) days, or a mutually agreed upon extension to facilitate more thorough review or to overcome extenuating circumstances, has elapsed after receipt by the Rensselaer County Bureau of Planning of the full statement of information pertaining to the proposed changes.
3.
If the Rensselaer County Bureau of Planning recommends disapproval or substantial modification, the appropriate Board may act contrary to the recommendation only by a vote of a majority plus one (1) of the entire Board and by adopting a resolution fully setting forth the reasons for such contrary action.
4.
Within seven (7) days after final action by the appropriate local Board, the Board must file a report within of its action with the Rensselaer County Bureau of Planning.
§ 605 PUBLIC NOTICE.
§ 606 APPLICATION.
1.
Interpretation: In interpretation and application, the provisions of this local law shall be held to be minimum requirements, adopted for the promotion of the public health, morals, safety and general welfare. Whenever the requirements of this local law are at variance with the requirements of any other lawfully adopted rules, regulations or local laws, the most restrictive, or that imposing the higher standards, shall govern.
2.
Separate Validity: Should the courts decide any term, section or provision of this local law to be unconstitutional or invalid, such decision shall not affect the validity of the local law as a whole or any part other than the part decided to be unconstitutional or invalid.
3.
Annexation: Coincident with incorporation into the Village, annexed properties shall be designated as being within a zoning district of a classification the same as or compatible with adjacent properties within the Village.
4.
Penalties for Violation:
a.
Any person, corporation, partnership, association, or other legal entity who shall violate any of the provisions of this law, or any conditions imposed by a permit pursuant hereto, shall be guilty of an offense and subject to a fine of not more than a fine of fifty dollars ($50.00) or by fifteen (15) days imprisonment or by both such fine and imprisonment for the first offense. Any subsequent violations shall be a Class B misdemeanor and shall be punishable by a fine of one hundred dollars ($100.00) and/or by fifteen (15) days imprisonment or by both such fine and imprisonment.
b.
Each month a violation continues shall constitute a separate and distinct offense.
§ 607 ZONING BOARD OF APPEALS.
1.
ESTABLISHMENT.
a.
Pursuant to 7-712 of the Village Law and the provisions specified in this section, the Village Board of Trustees shall establish a Zoning Board of Appeals to interpret and judge the application of the provisions of this local law, and to grant or deny conditional use permits and variances.
b.
Members.
(1)
The Zoning Board of Appeals shall consist of five (5) members, one (1) of whom the Village Board of Trustees shall appoint Chairman for a period of three (3) years.
(2)
The current members of the Zoning Board of Appeals shall complete their terms.
(3)
The Village Board of Trustees shall appoint succeeding members for terms of three (3) years from and after the expiration of the terms of their predecessors in office.
(4)
If a vacancy shall occur otherwise than by expiration of term, the Village Board of Trustees shall fill the position by appointment for the unexpired term.
(5)
A member of the Zoning Board of Appeals shall not at the same time be a member of the Village Board of Trustees.
(6)
The Village Board of Trustees shall have the power to remove any member of the Zoning Board of Appeals for cause after public hearing.
c.
Operations.
(1)
Subject to Village Board of Trustees approval, the Zoning Board of Appeals shall have the power to make, promulgate and adopt written rules, procedures, by-laws or forms necessary for the proper execution of duties and for securing the intent of the ordinance.
(2)
The Village Board of Trustees shall provide necessary and proper expense for the conduct of the Zoning Board of Appeals, and the Zoning Board of Appeals shall not incur expenses beyond the amount of appropriation.
(3)
The Zoning Board of Appeals may employ duties of necessary clerical or other staff.
d.
Meetings.
(1)
The Zoning Board of Appeals shall hold all meetings at the call of the Chairman or at other times that the Board may determine.
(2)
All meetings and hearings shall be open to the public.
(3)
The Chairman, or in his absence the Deputy Chairman, whom the Village Board of Trustees shall also appoint, may administer oaths and compel the attendance of witnesses.
e.
Minutes.
(1)
The Zoning Board of Appeals shall keep proper minutes of its proceedings and records of its examinations and other official actions.
(2)
The minutes shall show the vote of each member on every question, and if a member is absent or fails to vote, the minutes shall indicate that fact.
(3)
The Zoning Board of Appeals shall promptly file record of every determination and action with the Village Clerk to be a matter of public record.
2.
POWERS AND DUTIES.
a.
Interpretation: Considering the intent and objectives of the local law as a whole and the districts, the Zoning Board of Appeals shall interpret and judge the application of the provisions of the local law in cases where uncertainty exists.
b.
Appeals: The Zoning Board of Appeals shall hear and decide appeals and review any order, requirement, decision or determination made by the Building Inspector or forwarded by the Planning Board under this local law.
c.
Conditional Use Permits: The Zoning Board of Appeals shall grant or deny conditional use permits for conditional uses specified in the districts according to this local law.
d.
Variances: The Zoning Board of Appeals shall grant or deny variances to modify the application of any of the regulations or provisions of this local law in cases where literal application and strict enforcement would result in practical difficulty or unnecessary hardship.
3.
CRITERIA: CONDITIONAL USE PERMITS.
a.
Conditional uses possess special or unusual characteristics which require that each individual use shall be permitted only upon receiving in each case a Conditional Use Permit.
(1)
A Conditional use Permit shall not be issued for a property to authorize an existing violation of this local law.
(2)
Each Conditional Use Permit shall authorize only for a particular use on one (1) certain lot.
(3)
A separate Conditional Use Permit shall be required for each change of use or structural alteration or addition to a conditional use.
b.
In addition to compliance with all use, area and bulk, and supplementary regulations applicable to the district within which the proposed use is to be situated, conditional uses shall conform to the additional general and specific standards set forth in Section VII of this local law.
c.
In accordance with the objectives of this local law, any of the standards specified in Section VII may be waived or modified.
4.
CRITERIA: VARIANCES. The Zoning Board of Appeals shall base the granting of a Variance upon the following criteria and may apply any additional conditions appropriate to particular circumstances in specific cases.
a.
Use Variances.
(1)
The applicant must provide conclusive evidence that strict enforcement of the use regulations results in unnecessary hardship; that is the land cannot yield a reasonable return if used only for a permitted use in that zone or for the continuation of an existing non-conforming use.
(2)
The Zoning Board of Appeals must determine that the granting of the use variance:
(a)
Is due to unique circumstances or special conditions that apply to the subject land or structures and do not apply generally to land or structures in the vicinity and district.
(b)
Will be in harmony with the general purpose and intent of the local law and will not alter the essential character of the locality.
(c)
Shall not constitute a grant of special privilege inconsistent with the limitations upon the other properties in the vicinity and district.
(d)
Is the minimum variance to accomplish these goals.
(1) | No such use variance shall be granted by a Zoning 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 the applicant shall demonstrate to the Zoning Board of Appeals 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 substantial as 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.] | ||
b.
Area Variances.
(1)
The applicant must demonstrate that literal application of the area and bulk regulations or related supplementary regulations would result in practical difficulty to development.
(2)
The Board shall consider the following guidelines for granting an area variance.
(a)
How substantial the variance is in relation to the requirement.
(b)
The effect of increased population density produced on available public facilities and services.
(c)
Whether a substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties created.
(d)
Whether the difficulty can be obviated by some method, feasible for the applicant to pursue, other than a variance.
(e)
Whether in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served.
(1) | 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: | ||
(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 Zoning Board of Appeals, but shall not necessarily preclude the granting of the area variance. | ||
(2) | The Zoning 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. | ||
5.
GENERAL PROCEDURE.
a.
Appeals.
(1)
The appellant shall file notice of the appeal with the Building Inspector and the Secretary of the Zoning Board of Appeals in writing within a period of time prescribed by the Zoning Board of Appeals by general rule.
(a)
An appeal stays all proceedings in furtherance of the action under appeal.
(b)
If the Building Inspector files a certificate with the Zoning Board of Appeals stating the facts and supporting reasons that a stay would cause imminent peril to life or property, issuance of a restraining order indicating due cause, and giving notice to the Building Inspector by the Zoning Board of Appeals or a court of record shall be required to stay proceedings.
(2)
The required filing fee shall accompany the filing of the notice of appeal.
(3)
The Building Inspector shall promptly transmit to the Zoning Board of Appeals all pertinent papers which constitute the record of the action under appeal.
(4)
The Zoning Board of Appeals shall set a reasonable date and place for a public hearing and shall give proper public notice of the hearing.
(5)
The Zoning Board of Appeals shall hear the appeal and shall vote within sixty (60) days following the hearing or any additional hearings which may be necessary.
(6)
If the action by the Zoning Board of Appeals is to reverse in whole the action of the Building Inspector, the filing fee shall be refunded to the applicant.
b.
Conditional Use Permits and Variances.
(1)
The applicant shall file the appropriate application with the Building Inspector or Village Clerk in writing.
(2)
The required filing fee and the prescribed number of copies of the required plot plan shall accompany the application.
(3)
The Zoning Board of Appeals shall refer the application and all pertinent information to the Village Planning Board for report and recommendation to be considered by the Zoning Board of Appeals prior to its public hearing.
(4)
The Zoning Board of Appeals shall refer all applications which meet the criteria of paragraphs l and m of Section 239, Article 12-B of the General Municipal Law to the Rensselaer County Bureau of Planning for report and recommendation to be considered by the Zoning Board of Appeals at least ten (10) days prior to its public hearing.
(5)
The Zoning Board of Appeals shall set a reasonable date and place for a public hearing and give required public notice of the hearing.
(6)
The Zoning Board of Appeals shall hold the public hearing vote within sixty (60) days following the hearing or any additional hearings which might prove necessary.
(7)
The Zoning Board of Appeals shall promptly file a copy of the decision with the Village Clerk and mail a copy to the applicant to the applicant or appellant.
(8)
Except in the case of certified military duty or illness, a conditional use permit or variance which is not exercised within one (1) year from the date of issuance shall be deemed revoked without further notice.
(9)
Except in the case of certified military duty or illness, a conditional use permit or variance shall expire if the variance use ceases for any reason for a period exceeding one (1) year.
6.
DETAILS OF PROCEDURE.
a.
Application and Appeals.
(1)
All applications and appeals shall be in writing in a form required by the Zoning Board of Appeals.
(2)
All applications and appeals shall refer to the specific provision of the local law involved and shall exactly set forth the interpretation that is claimed or the details of the variance applied for and the grounds supporting the claim.
b.
Public Notice and Hearing.
(1)
At least fifteen (15) days prior to the hearing, the Zoning Board of Appeals shall publish a notice of application of appeal in the official newspaper of the Village.
(2)
At least ten (10) days prior to the hearing, the Zoning Board of Appeals shall give required written notice and instructions to appear at the hearing in person or by agent or attorney to the applicant or appellant.
c.
At least ten (10) days prior to the hearing, the Zoning Board of Appeals shall give required written notice to property owners in an affected area as may be prescribed by the Zoning Board of Appeals.
d.
At least ten (10) days prior to the hearing, the Zoning Board of Appeals shall give required written notice to the Village Planning Board.
e.
The Zoning Board of Appeals shall give required written notice to any municipal, county, regional, state, federal or other agency in a manner prescribed by law.
7.
VOTING.
a.
The concurring vote of a majority of all members of the Zoning Board of Appeals shall be required to decide in favor of the applicant in granting any appeal, conditional use permit, or variance or in any matter upon which the body is required to act.
b.
For those applications or appeals which have been referred to the Rensselaer County Bureau of Planning under Section 289 of the General Municipal Law and for which the Bureau of Planning recommends disapproval or substantial modification, the Zoning Board of Appeals may act contrary to the recommendation only by a favorable vote of all five (5) members a supermajority of the Zoning Board of Appeals and by adopting a resolution fully setting forth the reasons for such contrary action.
8.
RELIEF FROM DECISIONS OF THE ZONING BOARD OF APPEALS.
a.
Any applicant or appellant aggrieved by any decision of the Zoning Board of Appeals may apply to the New York State Supreme Court for relief by a proceeding under Article 78 of the Civil Procedure Law and Rules of New York State.
b.
The proceedings shall be governed by the provisions of Article 78 and the following provisions.
(1)
The proceedings must be instituted within thirty (30) days after the filing of a decision the office of the Village Clerk.
(2)
The court may take evidence, or may appoint a referee to take such evidence with his findings of fact and conclusions of law, if testimony appears to be necessary for the proper disposition of the matter.
(3)
The court at special term shall itself dispose of the cause on the merits, determining all questions that may be present for determination.
c.
Costs shall not be allowed against the Zoning Board of Appeals unless the court determines that the Board acted with gross negligence, in bad faith, or in malice in making the decision under appeal.