Hoosick Town City Zoning Code
ARTICLE XII
Administration and Enforcement
§ 247-46 Building Inspector.
The Building Inspector shall administer and enforce all provisions of this chapter except where otherwise provided herein. Whenever any permit is required herein, it shall be applied for and issued in the first instance from the Office of the Building Inspector in accordance with the requirements of this chapter and other applicable regulations governing building construction and the issuance of building permits.
§ 247-47 Powers and duties of Building Inspector.
In addition to all the other authority conferred by law, the Building Inspector shall have the following powers and duties with respect to this chapter:
A.
Issuance of building permits. Structures of 100 square feet or less are exempt from the building permit filing fee. However, no structure shall be erected, altered, reconstructed or enlarged and no excavation, additions to facilities such as sewage disposal systems, electrical systems, or water supply systems, including plumbing or drainage facilities, shall be undertaken until the Building Inspector has issued a building permit stating that the proposed use and structure comply with all applicable provisions of this chapter.
B.
Issuance of certificates of occupancy. No use shall be established or land or structure for which a building permit has been issued, occupied, or used unless the Building Inspector shall first issue a certificate of occupancy. The certificate of occupancy shall state that the use, land and structure fully comply with all applicable provisions of the New York State Uniform Fire Prevention and Building Code, as administered by the Town of Hoosick, this chapter, and the terms of any approval granted under the procedures established by this chapter.
C.
Inspections. Upon the issuance of a building permit, the Building Inspector shall have the right to enter, examine, and inspect, or cause to be entered, examined, and inspected, any building or property at any reasonable time for the purpose of carrying out his duties and determining 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 Building Inspector.
D.
Issuance of notices and violation. Whenever, in the opinion of the Building Inspector, after proper inspection, there appears to exist a violation of any provision of this chapter, or of any procedure adopted pursuant thereto, the Building Inspector shall serve written notice upon the appropriate person responsible for the alleged violation. The notice shall be served in accordance with the procedures set forth in § 247-47E of this chapter and shall inform the recipient of the following:
(1)
The nature and specific details of the violation(s); and
(2)
The date by which the violation(s) must be remedied or removed, which period shall not exceed 30 days from the date of notice, except as otherwise expressly provided by the provisions of this chapter.
E.
Issuance of stop-work orders. Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure or any use of land is occurring in violation of the provisions of this chapter, or not in conformity with any application made, permit granted, or other approval issued, or in an unsafe or dangerous manner, the Building Inspector shall promptly notify the appropriate person responsible to suspend work on any such building or structure or the use of any such land. Such persons shall suspend such activity until such time as the stop-work order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work or use may be resumed and may be served upon the person to whom it is directed either by delivering it personally to that person, or by posting the same upon a conspicuous portion of the building under construction or premises in use and additionally sending a copy of the same by certified mail.
F.
Taking of emergency action. If, in the opinion of the Building Inspector, 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 or the environment, the Building Inspector may direct that such violation be immediately remedied or may take direct action on his own initiative to abate the hazard or danger. Any costs incurred by such action shall be paid for by the owner, occupant, or person responsible for the violation. The Building Inspector shall keep on file an affidavit stating with fairness and accuracy the items of expense and date of execution of action taken, and is furthermore authorized to institute a suit, if necessary, against the person liable for such expenses, in order to recover said costs.
§ 247-48 Penalties for offenses.
A.
Offenses. 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 considered an offense punishable for a first offense to a maximum fine of $350 and/or maximum six months' imprisonment; for a second offense within five years to a minimum fine of $350 and maximum fine of $700 and/or maximum six months' imprisonment; and for a third or subsequent offense within five years to a minimum fine of $700 and and/or maximum fine of $1,000 and/or maximum six months' imprisonment. Each and every week that any such violation continues after the initial fine is imposed shall constitute a separate offense. In situations where a stop-work order is ignored and work continues without application for a variance, each day that work continues shall be considered a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Court action. The imposition of penalties described in this article shall not prevent the Town or any person from instituting appropriate legal action in a court of competent jurisdiction to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain by injunction, correct or abate a violation, or to prevent the illegal occupancy of a building, land or premises.
§ 247-49 Zoning Board of Appeals.
A.
Creation, appointment, and organization. A Zoning Board of Appeals is hereby created in accordance with § 267, Article 16 of the Town Law. Said Board shall consist of five members appointed by the Town Board. Of the members first appointed, one shall hold office for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years. The term of office following the first term shall be five years. If a vacancy occurs otherwise than by expiration of term, it shall be filled by appointment by the Town Board for the unexpired term. All members are subject to removal by the Town Board for cause after public hearing. The Town Board shall designate the Chairman of the Board of Appeals, while the Board of Appeals shall designate its Secretary and may prescribe reasonable rules in addition to those provided herein for the conduct of its affairs. The Town Board shall provide reasonable operating expenses to ensure the proper function of the Zoning Board of Appeals.
B.
General powers and duties.
(1)
The Zoning Board of Appeals shall have all the powers and duties prescribed by state law and by this chapter. (New York State Town Law, §§ 267, 267-a, 267-b.)
(2)
The jurisdiction of the Board of Appeals shall be appellate, except in the case of the review of special permits, and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the Building Inspector. Such appeal may be taken by any person aggrieved, or by an officer, department, board or bureau of the Town of Hoosick.
(a)
Meetings, minutes and records. Meetings of the Zoning Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other actions.
(b)
Filing requirements and time of appeal.
[1]
Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board of Appeals shall be filed in the office of the Town Clerk within five business days and shall be a public record.
[2]
Each order, requirement, decision, interpretation or determination of the Building Inspector shall be filed in the office of the Building Inspector within five business days of the day it was rendered and shall be a public record.
[3]
An appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the Building Inspector by filing with the Building Inspector and with the Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The Building Inspector shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action was taken.
(c)
Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Inspector, from whom the appeal is taken, certifies to the Board of Appeals, after notice of appeal has been filed with the Building Inspector, that by reason of facts stated in the certificate a 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 a court of record on application, on notice of the Building Inspector and on due cause shown.
(d)
Hearing on appeal. The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice of such hearing by publication in a paper of general circulation in the Town at least five days prior to the date thereof. The cost of sending or publishing any notices related to such appeal, or a reasonable fee relating thereto, shall be borne by the appealing party and shall be paid to the Board of Appeals prior to the hearing of such appeal. Upon the hearing, any party may appear in person, or by agent or attorney.
(e)
Decision. The Board of Appeals shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Board of Appeals shall be filed in the office of the Town Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.
(f)
Notices.
[1]
Notice to park commission. At least five days before such hearing, the Board of Appeals shall mail notice thereof to the regional state park commission having jurisdiction over any state park within 500 feet of the property affected by such appeal.
[2]
Notice to county planning agency. At least 10 days before such hearing, the Board of Appeals shall also mail notice and a full statement of such proposed action, as defined in § 239-m, Subdivision 1, of the General Municipal Law, to Rensselaer County Economic Development and Planning Bureau, for actions which affect property within 500 feet of a municipal boundary; boundary of any state or county park or other recreation area; right-of-way of any existing or proposed state or county parkway, throughway, expressway, road or highway; 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 existing or proposed boundary of any state- or county-owned land on which a public building or institution is situated; or, if a use variance is involved, the boundary of a farm operation within an agricultural district as defined in Article 25AA of the Agriculture and Markets Law.
[3]
Notice to neighboring municipalities. At least 10 days before such hearing, the Board of Appeals should mail notice to the town, city or village clerk of any municipality located within 500 feet of the property affected by such action.
[4]
Notice to neighboring property owners. At least five days before such hearing, the Board of Appeals shall mail notice thereof to property owners listed on the property tax rolls within 500 feet of the property affected by such appeal.
(g)
Compliance with SEQRA. 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.
(h)
Voting requirements.
[1]
Decision of the Board. Except as otherwise provided in § 247-49B(2)(i) of this chapter, every motion or resolution of the Board of Appeals shall require for its adoption the affirmative vote of a majority of all the members of the Board, at least three members, as fully constituted, regardless of vacancies or absences. Where an action is the subject of a referral to the Rensselaer County Economic Development and Planning Bureau, the voting provisions of § 239-m of the General Municipal Law shall apply.
[2]
Default denial of appeal. An affirmative vote of at least three members is required on a motion or resolution to grant a variance or reverse any order, requirement, decision or determination of the Building Inspector. The Board may amend the failed motion or resolution and vote on the amended motion or resolution within the time allowed without being subject to the rehearing process as set forth in § 247-49B(2)(i) of this chapter.
(i)
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination if the Board not previously reheard may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing, the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the Board finds the rights vested in persons acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced thereby.
(j)
Assistance to the Board of Appeals. The Zoning Board of Appeals shall have the authority to call upon any department, agency or employee of the Town of Hoosick for such assistance as shall be deemed necessary and as shall be authorized by the Town Board. The Zoning Board of Appeals may, in certain circumstances, require professional assistance in reviewing an application. In this instance, the Zoning Board of Appeals shall have the authority to hire such assistance, to be paid for by the applicant through an escrow account. An amount of estimated fees will be provided by the consultant. The applicant will provide an amount equal to these fees for placement into an escrow account. The consultant will provide detailed bills for work performed, which will be reviewed by the Zoning Board of Appeals and then paid from the escrow account. The total amount of the funds required to be escrowed for the payment of review fees may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed by the Board or its consultants/experts to complete the necessary review and analysis. Additional escrow funds, as required and requested by the Town, shall be promptly paid by the applicant. After the project review is completed, any remaining funds will be promptly returned to the applicant. The Zoning Board of Appeals and Planning Board shall coordinate their reviews so that they use one consultant which will provide answers to both boards.
C.
Interpretation. On appeals for an order, requirement, decision or determination made by the Building Inspector in accordance with the provisions of this chapter, or on request by an administrative official, board or agency of the Town, to decide of the following questions:
(1)
Determination of the meaning of any portion of this chapter or of any conditions or requirements specified or made under the provisions of this chapter.
(2)
Determination of the exact location of any district boundary shown on the Land Use District Map.
D.
Use variances.
(1)
The Board of Appeals, on appeal from the decision or determination of the Building Inspector, shall have the power to grant use variances, as defined herein.
(2)
No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that the provisions and restrictions of this chapter have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that, for each and every permitted use under this chapter 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.
(3)
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.
E.
Area variances.
(1)
The Zoning Board of Appeals shall have the power, upon appeal from a decision of determination of the Building Inspector, to grant area variances as defined herein.
(2)
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 other 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 Board of Appeals, but shall not necessarily preclude the granting of the area variance.
(3)
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.
F.
Imposition of 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 this chapter, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
§ 247-50 Variance terms.
Any variance that is not exercised within one year of the date of issuance shall automatically lapse without further hearing of the Zoning Board of Appeals.