Queensbury City Zoning Code
ARTICLE 16
Administration
§ 179-16-010 Zoning Administrator.
A.
The Zoning Administrator shall administer this chapter in the first instance so that all land use applications must start with the Zoning Administrator. Land use applications may then be forwarded to the Town Board, the Planning Board or the Zoning Board of Appeals depending on the appropriate jurisdiction over such applications pursuant to this chapter. Compliance with this chapter and all permits, approvals and decisions that are rendered under this chapter shall be enforced by the Zoning Administrator. Specifically, the Zoning Administrator shall have the following powers and duties.
(1)
Initial review and processing of all applications submitted under this chapter.
(2)
Issue zoning permits and certificates of compliance.
(3)
Enforce the conditions of any variance, site plan review or special use permit.
(4)
Enforce the specific provisions of this chapter.
(5)
Administer and interpret the specific provisions of this chapter.
B.
The Zoning Administrator shall be appointed by and may be removed at the pleasure of the Town Board.
§ 179-16-020 Zoning permit required.
No person shall undertake any land use development or commence any land disturbance or other activity in furtherance or anticipation of any land use without first applying for, and obtaining, a zoning permit from the Zoning Administrator unless otherwise exempt or allowed pursuant to this chapter. A zoning permit will be issued only when the Zoning Administrator has determined that all requirements of this chapter and all other applicable laws and regulations have been satisfied.
§ 179-16-030 Zoning permit application procedure.
A.
Meeting with Zoning Administrator. Any person intending to engage in an activity that may be subject to this chapter should meet with the Zoning Administrator as early as possible to determine which, if any, permits or approvals may be required and which review procedures, if any, apply.
B.
Filing application for zoning permit. A person seeking a zoning permit shall file an application for a zoning permit with the Zoning Administrator, together with the appropriate fee. The application shall be submitted on forms provided for such purpose by the Town, and shall include a plan drawn to scale showing the actual dimensions of the land to be built on or otherwise used, the size and location of all buildings or other structures or other uses to be built or undertaken and such other information as may be necessary in the evaluation of the application and the administration of this chapter. Within 20 business days following receipt of an application, the Zoning Administrator shall notify the applicant of any additional information required for completion of the application. If no such notice is timely given, then the application shall be deemed complete as filed. When all additional information is received, the Zoning Administrator shall acknowledge the same in writing. The Zoning Administrator shall provide a report or copies of application to the Town Board and/or the Planning Board on a monthly basis if directed by the Town Board.
C.
Determination. Not later than 20 business days after receiving a completed application, the Zoning Administrator shall mail or deliver to the applicant one of the following determinations:
(1)
The proposed project or activity complies with the requirements of this chapter and all other applicable and local laws and regulations and requires no other approvals, and accordingly a zoning permit is issued; or
(2)
The proposed project or activity is inconsistent with one or more specified requirements of this chapter or other applicable local law or regulation, and a zoning permit is denied; or
(3)
The proposed project requires one or more specified approvals before a zoning permit can be granted. The proposed project may, for example, be for a use allowable by special permit and/or site plan approval, requiring approval of a special permit and/or approval of a site plan by the Planning Board. Upon request, the Zoning Administrator may advise the applicant if any other approvals are needed, and provide basic zoning information needed for the preparation of the required application.
D.
Appeals. Any decision of the Zoning Administrator may be appealed to the Zoning Board of Appeals, or a variance may be sought from the Zoning Board of Appeals pursuant to Article 14.
E.
Issuance and posting. When the required approvals have been obtained, and all other legal and regulatory requirements have been satisfied, the Zoning Administrator shall issue a zoning permit. All zoning permits shall be issued in duplicate and one copy shall be kept by the applicant conspicuously on the premises affected at all times (protected from the weather, if necessary, and whenever construction work is being performed thereon). In issuing a zoning permit, the Zoning Administrator shall sign, date, and return one copy of the approved plans bearing the notation "Approved." No person shall perform any construction or otherwise undertake a project requiring a permit unless a zoning permit for such project is displayed as set forth above, nor shall any person perform such activities after notification of the revocation of a zoning permit.
F.
Posting of notice of review on property. The applicant must post a sign, issued by the Town, that describes the review process underway on the property. The sign must be conspicuously displayed on the premises affected while the property is under review and until a zoning permit has been issued.
G.
Revocation. If the Zoning Administrator determines that an application or accompanying plans are in any material respect false or misleading, or that work being done upon the premises differs materially from what is allowed by the zoning permit, the Zoning Administrator may forthwith revoke the zoning permit. The permittee and/or the owner of the property shall thereupon cease the use, activity, or construction, and surrender the zoning permit to the Zoning Administrator.
H.
Lapse and renewal. A zoning permit shall lapse one year following the date it was granted if the project has not been commenced or the use has not been commenced. The Zoning Administrator may renew any zoning permit once for a period terminating not later than one year from the date it would have originally lapsed, provided that the facts upon which the zoning permit was granted have not substantially changed.
I.
Void for misrepresentation. Any zoning permit or other approval granted under this chapter shall be void if it is based upon or is granted in reliance upon any material misrepresentation or failure to make a material fact or circumstance known.
§ 179-16-040 Site inspection.
The submission of an application for a zoning permit, or for any other approval, variance or matter covered by this chapter, shall constitute consent to the Zoning Administrator and staff persons and to members or designates of the boards with jurisdictional authority over such application or matter to conduct such inspections, tests and examinations of the site as such board or officer having jurisdiction deem necessary and appropriate for the purposes of this chapter.
§ 179-16-050 Certificates of compliance.
No use for which a zoning permit was granted shall be occupied or maintained except pursuant to a certificate of compliance issued by the Zoning Administrator. The Zoning Administrator, within 10 working days after receipt of request for inspection of a project or operation of a use for which a zoning permit has been issued, shall inspect and issue a certificate of compliance if the project has been completed, or the use is being operated in compliance with all terms of the zoning permit and with all applicable provisions of this chapter and other laws and regulations, including any approvals issued by the Zoning Board of Appeals and/or Planning Board, if applicable. Such certificate shall constitute a permit to occupy and/or conduct the use. If the project involves the construction of a building or structure, a building permit and certificate of occupancy must also be issued before the building or structure can be occupied.
§ 179-16-060 Planning Board.
[Amended 2-27-2012 by L.L. No. 3-2012]
A.
Pursuant to § 271 of Town Law, the Town of Queensbury has created a Planning Board. Said Board consists of seven members appointed by the Town Board in such manner and for such terms as provided in the Town Law. The Planning Board shall have all the powers and perform all the duties prescribed by statute and by this chapter. The Planning Board shall have original jurisdiction for site plan review and special use permits and referral jurisdiction on matters as set forth in this chapter.
B.
The Town Board shall appoint two alternate members of the Planning Board to substitute for any regular member in the event of a conflict of interest or other appropriate factor such as illness, vacation or other absences. The alternate member(s) shall be appointed by resolution of the Town Board for a term of seven years. The chairperson of the Planning Board may designate an alternate member to substitute for a regular member whenever any regular member is unable to participate in an application or matter before the Board. When possible, the chairperson shall alternate the substitution by the two alternate members so that the alternate members have approximately equal opportunities to serve on the Planning Board to the maximum extent possible. When so designated, the alternate member shall possess all of the powers and responsibilities of such regular member. Such designation shall be entered into the minutes of the initial Planning Board meeting at which the substitution is made. All provisions relating to Board member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other Boards shall also apply to alternate members, with compensation provided to the alternate members only for meetings at which they actually serve on the Board.
§ 179-16-070 Zoning Board of Appeals.
[Amended 2-27-2012 by L.L. No. 3-2012]
A.
Pursuant to § 267 of the Town Law, the Town of Queensbury has created a Zoning Board of Appeals consisting of seven members appointed by the Town Board in such manner and for such term as provided in the Town Law. The Zoning Board of Appeals shall have all the powers and perform all the duties prescribed by statute and by this chapter. The Zoning Board of Appeals shall have appellate jurisdiction for all matters pertaining to this chapter pursuant to Article 14 of this chapter (Appeals and Variances).
B.
The Town Board shall appoint two alternate members of the Zoning Board of Appeals to substitute for any regular member in the event of a conflict of interest or other appropriate factor such as illness, vacation or other absences. The alternate member(s) shall be appointed by resolution of the Town Board for a term of seven years. The chairperson of the Zoning Board of Appeals may designate an alternate member to substitute for a regular member whenever any regular member is unable to participate in an application or matter before the Board. When possible, the chairperson shall alternate substitution by the two alternate members so that the alternate members have approximately equal opportunities to serve on the Zoning Board of Appeals to the maximum extent possible. When so designated, the alternate member shall possess all of the powers and responsibilities of such regular member. Such designation shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitution is made. All provisions relating to Board member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other Boards shall also apply to alternate members, with compensation provided to the alternate members only for meetings at which they actually serve on the Board.
§ 179-16-080 Required records.
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 maintained by the Zoning Administrator and retained as a permanent Town public record. Tape recordings of any board proceedings shall be kept by the Town Clerk for a period of not less than three years from the date of such meeting.
§ 179-16-090 Appeals.
An appeal from an action, decision or rule by the Zoning Administrator regarding a requirement of this chapter may be made only to the Zoning Board of Appeals within 60 days of such decision or action pursuant to Article 14 of this chapter. An action, decision or ruling of the Planning Board or Zoning Board of Appeals pursuant to this chapter may be reviewed at the instance of any aggrieved person in accordance with Article 78 of the Civil Practice Law and Rules, but application for such review must be made not later than 30 days from the effective date of the decision or ruling or the date when the action or omission occurred, whichever comes later.
§ 179-16-100 Petition, application and appeal forms.
Unless otherwise stated, all petitions, applications and appeals provided for in this chapter shall be made on forms prescribed by the department, official or board with jurisdiction over the particular matter. Completed forms shall be accompanied by whatever further information, plans or specifications may be required by such forms and/or this chapter.
§ 179-16-110 Fees.
A.
Fees provided for by this chapter shall be paid upon the submission of petitions, applications and appeals, in such amount or amounts as shall be established by the Town Board from time to time by resolution and which are incorporated into this chapter by reference. Said fees will be posted in the Building Department on the official Schedule of Fees for the Town of Queensbury. The following actions will require fees and this list is not necessarily all-inclusive:
B.
Consultant fees. In certain instances where the reviewing board deems that the application, or any aspect thereof, requires a consultant to assist the reviewing board, said board may require, as part of the fee, a deposit in an amount sufficient to reimburse the Town for reasonably estimated costs of a consultant to be retained by the reviewing board in order to assist the board in reviewing the application. Said amount shall be based on the specific fee schedule of the particular consultant or consultants retained as well as the scope of services to be provided by such consultant(s). The Town shall hold such deposit in escrow for the sole purpose of paying the costs and fees of the consultant(s) retained for review of the application. The consultant retained shall provide the Town with detailed invoices showing the services rendered for the time period billed, and the Town shall provide the applicant with an opportunity to review said invoices prior to payment. Additional deposits may be required as the review process continues. Any deposit amounts that remain at the end of the process shall be returned to the applicant. Any outstanding fees due to the Town must be paid in full prior to the issuance of a zoning and/or building permit.
C.
Payment of fees.
(1)
All fees shall be paid, at the time of application, to the department or board with jurisdiction over such application as designated by this chapter. No application shall be deemed complete unless required fees have been paid.
(2)
No fee shall be allowed to be substituted for any other required fee.
§ 179-16-120 Notice of public hearing.
A.
Each notice of hearing that is required or scheduled under this chapter, unless otherwise noted in this chapter, shall be published once in the official newspaper of the Town at least 10 days prior to the date of the hearing. In addition, at least five days prior to the date of the hearing, notices shall be mailed to all owners of the property within 500 feet of the exterior boundary of the property for which the application is made, as may be determined by the latest assessment records of the Town.[1]
[1]
Editor's Note: Former Subsection B, regarding notices of public hearing, which immediately followed this subsection, was repealed 7-21-2014 by L.L. No. 2-2014.
§ 179-16-130 Criteria for zoning permits; expiration.
A.
Criteria for issuance of zoning permit. The Zoning Administrator shall issue a zoning permit only if he determines the following:
(1)
The new land use or development complies with any applicable sanitary codes.
(3)
The new land use or development has received site plan or special use permit approval, if applicable, and, if such approval is subject to conditions to be met prior to the granting of a permit, all such conditions have been met.
(4)
If it is a nonpermissible use, a use variance has been granted pursuant to the terms of Article 14, Appeals and Variances, hereof and, if such grant was subject to conditions to be met prior to the granting of a permit, all such conditions have been met.
(7)
A stormwater pollution prevention plan consistent with the requirements of Town Code Chapter 147, Stormwater Management, has been submitted.
(8)
All other requirements of this chapter have been met.
B.
Expiration of zoning permits. If a project for which a permit has been issued is not under construction within 365 days after the issuance of such permit, said permit shall expire, and the project may not thereafter be undertaken or continued unless said permit has been renewed for 180 days (allowed once) or unless a new permit has been applied for and issued in the same manner and subject to all provisions governing the initial application for the issuance of a permit.
C.
Change in use. When a structure, building or parcel changes in use, the owner shall be responsible for applying for a new zoning permit. The Zoning Administrator shall review any change in use to ensure that the requirements of this chapter are met. See § 179-4-090 for provisions affecting the parking requirements for changes in use.