Lake George Village
City Zoning Code
City Zoning Code
ARTICLE XII
Administrative Provisions
§ 220-82 General provisions.
A.
Notice of public hearing. Each notice of hearing upon an application for site plan review, a special use permit, or for the review of a variance application upon an appeal to the Zoning Board of Appeals, or any other public hearing shall be published once in the official newspaper of the Village at least five days prior to the date of the hearing. In addition, at least 10 days prior to the date of the hearing, notices shall be mailed to all owners of property within 250 feet of the exterior boundary of the property for which the application is being made, as may be determined by the latest assessment records of the Village.
B.
Referral to County Planning Board.
(1)
Any variance application, site plan review or zoning change application within the following thresholds shall be referred to the Warren County Planning Board for its review and comment:
(a)
Within 500 feet of the Village boundary.
(b)
Within 500 feet of an existing or proposed county or state park or recreation area.
(c)
Within 500 feet of a right-of-way of any existing or proposed county or state, thruway, expressway, road or highway.
[Amended 7-18-2011 by L.L. No. 6-2011]
(d)
Within 500 feet of any existing or proposed county or state stream or drainage channel or easement.
(e)
Commercial building or institution.
[Amended 7-18-2011 by L.L. No. 6-2011]
(f)
Within 500 feet of the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.[1]
[1]
Editor's Note: Former Subsection B(1)(g), regarding the boundary of a farm operation located in an agricultural district, which immediately followed this subsection, was repealed 7-18-2011 by L.L. No. 6-2011.
(2)
Within 30 days after receipt of a full statement of such referred matter, the Warren County Planning Board shall report its recommendations to the referring Village body. If the county fails to report within 30 days, the Village body may act without such report. If the county disapproves the proposal, or recommends modification thereof, the Village body having jurisdiction shall not act contrary to such disapproval or recommendation, except by a vote of a majority plus one of all the members thereof, and after the adoption of a resolution fully setting forth the reasons for such contrary action.
(3)
Within seven days after final action by the Village body, a report of said final action shall be filed with the Warren County Planning Board.
C.
Records to be retained. The original or a certified copy of all decisions, approvals, rulings and findings of any board under this chapter, and of all permits and certificates issued under this article, shall be promptly furnished by the Zoning Administrator to the Village Clerk and retained as a permanent Village public record.
D.
Assistance to boards. Planning Board and Zoning Board of Appeals shall have the authority to call upon any department, agency or employee of the Village for such assistance as shall be deemed necessary and as shall be authorized by the Village Board. Such department, agency or employee may be reimbursed for any expenses incurred as a result of such assistance. The Planning Board and Zoning Board of Appeals shall have the power and authority to employ experts, clerks and a secretary and to pay for their services, and to provide for such other expenses as may be necessary and proper, not exceeding the appropriation that may be made therefor by the Village Board.
E.
The Planning Board and Zoning 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 Six, Part Six Hundred Seventeen of the New York Codes, Rules and Regulations.
§ 220-83 Zoning Administrator.
A.
Zoning Administrator. The Zoning Administrator shall have the power and duty to administer and enforce the provisions of this chapter. The Zoning Administrator shall be appointed by, and may be removed at the pleasure of, the Village Board. An appeal from an action, omission, decision or rule by the Zoning Administrator regarding a requirement of this chapter may be made only to the Zoning Board of Appeals. The Zoning Administrator shall have the power to make inspections of buildings or lots necessary to carry out his or her duties in the enforcement of this chapter. The Village Board may appoint a Deputy Zoning Administrator to exercise any or all of the duties of the Zoning Administrator.
B.
Zoning Administrator duties.
(1)
The Zoning Administrator shall not issue a permit for the construction of any building or use of any property unless such building or use conforms to all laws and ordinances of the Village.
(2)
The Zoning Administrator shall maintain files, open to the public, of all applications for certificates of occupancy and building permits along with plans submitted therewith as well as final certificates and permits.
(3)
The Zoning Administrator shall also maintain records, open to the public, of every complaint of a violation of the provisions of this chapter as well as any action taken as a result of such complaints.
(4)
The Zoning Administrator shall submit to the Village Board for insertion in the Board minutes a written report summarizing for the month all building permits and certificates of occupancy issued as well as complaints of violations and any action taken as a result of such complaints.
§ 220-84 Planning Board.
A.
The Planning Board shall have all the powers and perform all the duties prescribed by state statute and by this chapter. The Planning Board shall have original jurisdiction for all matters pertaining to this Zoning Law pursuant to state statute.
B.
The Planning Board consists of five members. The members and the Chairperson of such Planning Board shall be appointed by the Mayor of the Village subject to the Village Board of Trustees approval. In the absence of a Chairperson, the Planning Board may designate a member to serve as Chairperson.
C.
The Village Board may provide for the compensation of Planning Board members. The Village Board may require Planning Board members to complete training and continuing education courses in accordance with any local requirements for the training of such members.
D.
Village Board eligibility. No person who is a member of the Village Board shall be eligible for membership on the Planning Board.
E.
Chairperson duties. All meetings of the Planning Board shall be held at the call of the Chairperson and at such other times as such Planning Board may determine. Such Chairperson, or in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
F.
Service on other Planning Boards. No person shall be disqualified from serving as a member of the Village Planning Board by reason of serving as a member of the Town or County Planning Agency.
G.
Rules and regulations. The Planning Board may recommend to the Village Board regulations relating to any subject matter over which the Planning Board has jurisdiction under this chapter or any other statute, or under any local law of the Village. Adoption of any such recommendations by the Village Board shall be by local law.
H.
Report on referred matters. The Village Board may seek input from the Planning Board where its input would help the Board make a more informed decision. The Village Board may by resolution provide for the referral of any matter or class of matters to the Planning Board before final action is taken thereon by the Village Board or other office or officer of the Village having final authority. The Village Board may further stipulate that final action shall not be taken until the Planning Board has submitted its report, or after the Planning Board has exceeded the time period set by the Village Board for the Planning Board to submit its report.
§ 220-85 Zoning Board of Appeals.
A.
General provisions.
(1)
Zoning Board of Appeals. The Zoning Board of Appeals shall have all the powers and perform all the duties prescribed by state statute and by this chapter. The Zoning Board of Appeals shall have appellate jurisdiction for all matters pertaining to this Zoning Law.
(2)
Chairperson duties. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such other times as such Zoning Board of Appeals may determine. Such Chairperson, or in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
(3)
Application for appeal shall be in writing and must be filed with the Zoning Administrator within 60 days after the filing of the order, requirement, decision, interpretation, or determination that is being appealed. Such application shall refer to the specific provisions of this chapter involved and shall specify the grounds for the variance requested, the interpretation claimed, or the reversal of an order, requirement, decision, or determination of an administrative official and the relief sought. The Zoning Administrator shall forward the application to the Zoning Board of Appeals. The Zoning Board of Appeals may request additional information.
(4)
Hearing on appeal. The Zoning Board of Appeals shall fix a reasonable time within 62 days of receipt of an appeal for the hearing of an appeal or other matter referred to it and give public notice of such hearing by publication in the official newspaper in the Village at least five days prior to the date thereof. The cost of sending or publishing any notices relating to such appeal, or a reasonable fee relating thereto, shall be borne by the appealing party and shall be paid to the Zoning Board of Appeals prior to the hearing of such appeal. Upon the hearing, any party may appear in person or by agent or attorney.
(5)
Time of decision. The Zoning Board of Appeals shall decide upon the appeal within 62 days after such hearing. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Zoning Board of Appeals.
(6)
Action. The Zoning Board of Appeals may reverse or affirm, wholly or in part, or may modify any order, requirement, decision, interpretation, or determination made by officials charged with the enforcement of this chapter. The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to grant a use variance or area variance.
(7)
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Zoning Board of Appeals not previously reheard may be made by any member of the Zoning Board of Appeals. A unanimous vote of all members of the Zoning Board of Appeals 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 Zoning Board of Appeals may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the Zoning Board of Appeals finds that the rights of persons acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced thereby.
(8)
Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative official charged with the enforcement of this chapter, from whom the appeal is taken, certifies to the Zoning Board of Appeals, after the notice of appeal is filed, 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 other than by a restraining order which may be granted by the Zoning Board of Appeals or by a court with jurisdiction on application, with notice to the administrative official from whom the appeal is taken, and for due cause shown.
(9)
Expiration of appeal decision. Unless otherwise specified by the Zoning Board of Appeals and without any further hearing by the Zoning Board of Appeals, a decision on any appeal, including the granting of area and use variances, shall automatically lapse and expire if the applicant fails to exercise the variance or fails to obtain any necessary building permits within one year of the date on which the decision is filed.
B.
Area variances.
(1)
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of an administrative official charged with the enforcement of such local law, to grant area variances from the area or dimensional requirements of such local law.
(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 any 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.
(3)
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.
(4)
In the case of an application for a variance from the shoreline restrictions (shoreline structure setback, lot width, vegetative cutting and deeded access provisions) pursuant to Executive Law § 806 (Shoreline restrictions) or from provisions of the Adirondack Park Land Use and Development Plan pursuant to Executive Law § 809(11) (e.g., density restrictions) of the Adirondack Park Agency Act, as those provisions are implemented by the Village in its local land use program, no such variance shall be granted unless the applicant also demonstrates and the Zoning Board of Appeals finds:
(a)
That there are practical difficulties in the way of carrying out the strict letter of the restrictions/provisions as called for in such sections, guided by the criteria of 9 NYCRR Part 576 (Standards for the Review of Variances Pursuant to the Adirondack Park Agency Act); and
(b)
That the spirit of the restrictions or provisions would be observed, public safety and welfare secured, and substantial justice done.
C.
Use variances.
(1)
The Zoning Board of Appeals, on appeal from the decision or determination of the administrative officer charged with the enforcement of such local law, shall have the power to grant use variances, authorizing a use of the land which otherwise would not be allowed or would be prohibited by the terms of the local law.
(2)
No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to establish such unnecessary hardship, the applicant shall demonstrate to the Zoning Board of Appeals that:
(a)
Under applicable zoning regulations, the applicant is deprived of all economic use or benefit from the property in question, which deprivation must be established by competent financial evidence;
(b)
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)
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
(d)
The alleged hardship has not been self-created.
(3)
The Zoning 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 proved 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.
Imposition of conditions. The Zoning 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, and to specify the period of time such variance shall be in effect. 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.
E.
Referrals planning agencies.
(1)
The Zoning Board of Appeals shall refer all completed variance applications, where required to do so by § 239-m of the General Municipal Law, to the County Planning Agency having jurisdiction for its report and recommendation. In no case shall final action be taken until said County Planning Agency (if appropriate) has submitted its report, or until 30 days have passed since the date of referral, whichever occurs first.
(2)
The Zoning Board of Appeals shall refer all completed use and area variance applications to the Planning Board for its review and recommendation. In no case shall final action be taken until said Planning Board has submitted its advisory opinion, or until 30 days have passed since the date of referral, whichever occurs first. The failure of the Planning Board to submit such opinion shall be interpreted as a neutral opinion on the appeal.
(3)
In the case of any variance application involving the shoreline restrictions, the Zoning Board of Appeals shall submit a copy of the application to the Adirondack Park Agency, together with such pertinent information as the Agency reasonably shall deem necessary.
F.
Additional criteria for properties located in a designated flood hazard area.
(1)
In addition to all technical evaluations and other relevant factors and standards specified in other sections of this chapter, the Zoning Board of Appeals shall consider:
(a)
The danger that materials may be swept onto lands of others to the injury of those lands or their inhabitants.
(b)
The danger to life and property due to flooding or erosion damage.
(c)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(d)
The importance of the services provided by the proposed facility to the community.
(e)
The importance to the facility of a waterfront location, where applicable.
(f)
The availability of alternative locations for the proposed use that are not susceptible to flooding or erosion damage.
(g)
The compatibility of the proposed use with existing and anticipated development.
(h)
The relationship of the proposed use to the comprehensive plan and floodplain management program of the area.
(i)
The safety of access by ordinary and emergency vehicles to the property in times of flood.
(j)
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, at the site.
(k)
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, and water systems, and streets and bridges.
(2)
Upon consideration of these factors and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items specified above have been fully evaluated.
(3)
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
(a)
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(b)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood discharge that would result.
(c)
Variances shall only be issued upon:
[1]
A showing of good and sufficient cause.
[2]
A determination that failure to grant the variance would result in exceptional hardship to the applicant.
[3]
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified above or conflict with existing local laws or ordinances.
[4]
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation.
§ 220-86 Training.
[Added 12-18-2006 by L.L. No. 12-2006]
A.
Purpose. The State of New York has recognized the importance of training in its recent amendments to the Planning Board and Zoning Board of Appeals statutes in Village Law §§ 7-718 and 7-712. It should therefore be the purpose of this section to assist those members in obtaining appropriate training and to pay the reasonable cost thereof.
B.
Requirements.
(1)
All members and alternate members shall be required to attend a minimum of six hours of training within each calendar year. Training in excess of six hours may be carried over into another year as credit.
(2)
All attendance at conferences, seminars, classes, etc., shall be authorized in advance by the Village Board of Trustees and reasonable costs approved for payment, including travel, meals, accommodations and fees.
C.
Attendance at meetings. All members of the Planning Board or Zoning Board of Appeals shall be required to attend a minimum of 66 2/3% of all meetings within a calendar year.
D.
Noncompliance. Any member not complying with the minimum requirements relating to training shall be subject to removal by the Village Board at any time during his/her term of service.
E.
Compensation. All members of the Planning Board and Zoning Board of Appeals, including alternate members, shall be reimbursed an amount set by the Village Board for all meetings attended on a quarterly basis.
F.
Effective Date. This local law[1] shall take effect immediately upon the filing of the local law with the Secretary of State.
[1]
Editor's Note: "This local law" refers to L.L. No. 12-2006, adopted 12-18-2006.