Rensselaer City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 179-84 Building and Zoning Administrator.
The Building and Zoning Administrator shall administer and enforce all provisions of this chapter except where specified otherwise. The Building and Zoning Administrator shall be assisted by such officers and employees as may be determined by the Common Council.
A.
Powers and duties. In addition to any other authority conferred by law and within this chapter, the Building and Zoning Administrator shall have the following powers and duties:
(1)
Issuance of building permits. No building or structure shall be erected, altered, reconstructed or enlarged until the Building and Zoning Administrator has issued a building permit stating that the proposed use and structure comply fully with all applicable provisions of this chapter. In addition, no building permit shall be issued for any building where site plan of such building is subject to approval by the Planning Commission unless and until such approval has been duly granted by the Planning Commission.
(2)
Issuance of certificates of occupancy. No use shall be established or land or structure occupied, nor shall any existing use of land be changed until the Building and Zoning Administrator has issued a certificate of occupancy stating that the use, land and structure comply with all applicable provisions of this chapter. More particularly, no certificate of occupancy shall be issued for any special use of a building of land requiring special permit approval by the Planning Commission unless and until such special permit or site plan approval has been granted by the Planning Commission. Every certificate of occupancy for which special permit or site plan approval has been granted, or in connection with which a variance has been granted by the Board of Appeals, shall contain a detailed statement of any condition to which the same is subject, and shall include, by attachment, a copy of such Board of Appeals decision.
(3)
Issuance of notices of violation. Whenever, in the opinion of the Building and Zoning Administrator, after proper examination and inspection, there appears to exist a violation of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, he shall serve a written notice upon the appropriate person responsible for such alleged violation. Such notices shall be served in accordance with the requirements of § 179-86 herein.
(4)
Issuance of stop-work orders. Whenever the Building and Zoning Administrator has reasonable grounds to believe that work on any building, structure or any use of land is occurring in violation of the provisions of this chapter, not in conformity with any application made, permit granted or other approval issued, or in an unsafe or dangerous manner, the Building and Zoning Administrator shall promptly notify the appropriate person responsible to suspend the work on any such building or structure or the use of any such land. Such persons shall forthwith suspend such activity until 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 shall be served upon the persons to whom it is directed.
(5)
Emergency action. If, in the opinion of the Building and Zoning Administrator, a violation exists which requires immediate action to avoid a direct hazard or imminent danger to the health, safety, morals or welfare of occupants of a building or to other persons, the Building and Zoning Administrator may direct such violation 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 and Zoning Administrator 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, or place a lien against property, in order to recover said costs.
§ 179-85 Zoning Board of Appeals.
A.
A Zoning Board of Appeals is hereby created In accordance with § 81 of the General City Law. Said Board shall consist of five members and two alternates, appointed by the Mayor for a term of five years each, staggered, and subject to removal for cause after public hearing. The Mayor shall designate the Chairperson of the Board of Appeals, while the Board of Appeals shall designate its Secretary and shall prescribe reasonable rules for the conduct of its affairs.
[Amended 4-20-2023 by L.L. No. 2-2023]
B.
Powers and duties. The Board of Appeals shall have all the powers and duties prescribed by law and this chapter, which are specified below:
(1)
Interpretation. On appeal from an order, requirement, decision or determination made by an administrative official, or on request by an official, board or agency of the City, to decide any of the following questions:
(2)
Use variances.
(a)
The Zoning Board of Appeals, on appeal from the decision or determination of the Code Enforcement Officer, shall have the power to grant use variances, as defined herein.
(b)
No such use variance shall be granted by a 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 Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
[1]
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
[2]
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
[3]
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
[4]
The alleged hardship has not been self-created.
(c)
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.
(3)
Area variances.
(a)
The Board of Appeals shall have the power, upon an appeal from a decision or determination of the Code Enforcement Officer, to grant area variances as defined herein.
(b)
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:
[1]
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;
[2]
Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[5]
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.
(c)
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.
(4)
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.
C.
Procedure. The Zoning Board of Appeals shall act in strict accordance with the procedure specified by law and this chapter.
(1)
Meetings. Meetings shall be held at the call of the Chairman or at such other times as the Board of Appeals may determine. A quorum shall consist of four members, but in order to reverse a decision of the enforcement official or authorize a variance, an affirmative vote of at least four members shall be required. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, and shall keep records of its examinations and other official actions.
[Amended 4-20-2023 by L.L. No. 2-2023]
(2)
Application and fee. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board, and shall be accompanied by a fee of $40. Every appeal or application shall refer to the specific provisions of this chapter that is involved and shall precisely set forth either the interpretation that is claimed or the details of the variance that is applied for and the grounds on which it is claimed that such variance should be granted.
(3)
Public notice and hearing. The Board shall fix a time and place for a public hearing on any such appeal or application, and shall provide notice as follows:
(a)
By publishing at least 10 calendar days prior to the date thereof a notice in the official newspaper of the City.
(b)
By requiring the Director of Planning and Development to give notice at least five days prior to the date thereof the substance of every appeal for a variance together with a notice of hearing thereon by mailing such to the owners of all property abutting that held by the applicant and all other owners within 500 feet, or such additional distances as the Board of Appeals may deem advisable, from the boundaries of the land involved in such appeal. Compliance with this notification procedure shall be certified to by the Director of Planning and Development.
[1]
The names of owners notified shall be taken as such appear on the last completed tax roll of the City.
[2]
Provided that there shall have been substantial compliance with these provisions, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Board of Appeals in connection with granting or denying of an appeal for a variance.
(c)
By requiring the Secretary of the Board of Appeals to transmit to the Secretary of the Planning Commission a copy of the notice of such hearing at least 20 calendar days prior to the date thereof. The Board of Appeals shall request that the Planning Commission submit to the Board of Appeals an advisory opinion prior to the date of such hearing. Upon failure of the Planning Commission to submit such report, the Board of Appeals may act in absence of an advisory option from said Commission.
(d)
If the land involved in the appeal lies within 500 feet of the boundary of any other municipality, the Secretary of the Board of Appeals shall also submit at least 10 calendar days prior to the public hearing to the municipal clerk of such other municipality or municipalities a copy of the notice of such public hearing.
(4)
Required referral. A full statement of any appeal that meets the referral requirements of § 239(1) and (m) of the General Municipal Law shall also be referred to the Rensselaer County Bureau of Planning for its review. No action shall be taken by the Board of Appeals on such appeal until an advisory recommendation has been received from the Bureau of Planning or 30 calendar days have elapsed since the Bureau received such full statement.
(5)
Decisions. Every decision of the Board of Appeals shall be recorded in accordance with standard forms adopted by the Board and shall fully set forth the circumstances of the case and shall contain a full record of the findings on which the decision is based. Every decision shall be by resolution of the Board, with each such decision being filed in the Office of the City Clerk within 10 calendar days thereof. The Board shall notify the Building and Zoning Administrator, the Secretary of the Planning Commission, and the Municipal Clerk of any affected municipality given notice of hearing of its decision in each case.
(6)
Attachment of conditions. In all cases where the Board of Appeals grants a variance from the strict application of the requirements of this chapter, it shall be the duty of such Board to attach conditions and safeguards as may be required in order that the result of its action shall be as nearly as possible in accordance with the spirit and intent of this chapter.
(7)
Expiration of approval. Unless construction or use is commenced and diligently pursued within six months of the date of the granting of a variance, such variance shall become null and void.
(8)
Strict construction. All the provisions of this chapter relating to the Board of Appeals shall be strictly construed; the Board, as a body of limited jurisdiction, shall act in full conformity with all provisions of law and of this chapter and in strict compliance with all limitations contained therein; provided, however, that if the procedural requirements set forth in this chapter have been substantially observed no applicant or appellant shall be deprived of the right of application or appeal.
§ 179-86 Violations; notice; hearing.
A.
Notice of violations. Whenever in the opinion of the Building and Zoning Administrator, after proper examination and inspection, there appears to exist a violation of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, he shall serve a written notice of violation upon the owner or occupant of the premises. Such notice of violation shall inform the recipient of:
B.
Extension. The Building and Zoning Administrator may extend the date of compliance in a notice of violation after written application, if in his opinion there is reasonable evidence of intent to comply and that reasonable conditions exist which prevent compliance by the specified date.
C.
Request for hearing. Any person served with a notice of violation in accordance with Subsection A and who denies the violation or is allegedly aggrieved by the required action necessary for compliance may within 10 days after service of notice make a request in writing for a hearing before the Building and Zoning Administrator stating the reasons why such a hearing is requested.
D.
Abeyance. Compliance with a notice of violation shall not be required while a hearing is pending.
E.
Hearing. The Building and Zoning Administrator shall acknowledge receipt in writing and set a time and place for such hearing, not later than 30 days after date request was received. Hearings may be postponed beyond 30 days by the City Engineer for just cause, and notice of postponement shall be served. The person requesting the hearing shall be required to show cause or give evidence why he should not be required to remedy the violation or why he is unable to comply with the remedial action outlined in the notice of violation.
F.
Findings. After consideration of all testimony given at the hearing held in accordance with Subsection E of this section, the Building and Zoning Administrator shall sustain, withdraw or modify the notice of violation as originally served. If such notice is sustained or modified, the Building and Zoning Administrator shall set a new compliance date by which the violation shall be remedied or removed in accordance with the original notice of violation or modified remedial action specified at the hearing.
G.
Certificate of zoning compliance. On reinspection following the expiration of the date of compliance as specified in the notice of violation, if the violation has been remedied or removed in accordance with the specified remedial action and there is no longer a violation of any provision of this chapter, then a certificate of zoning compliance shall be issued by the Building and Zoning Administrator.
H.
Legal action by the City for noncompliance. On reinspection following the expiration of the date of compliance, as specified in the notice of violation or as extended in accordance with Subsection B of this section, if the remedial action specified has not been carried out and there is still in existence, in the opinion of the Building and Zoning Administrator, a violation of provisions of this chapter, then the Building and Zoning Administrator shall immediately refer the matter to the City Attorney who shall thereupon institute appropriate legal action to restrain, prevent, enjoin, abate, remedy or remove such violation and to take whatever other legal action is necessary to compel compliance with this chapter.
I.
Failure to apply for building permit or certificate of occupancy.
§ 179-87 Penalties for offenses.
Any owner, tenant, or occupant of any building or land who commits, participates in, assists, directs, creates or maintains any situation that is in violation of the terms and provisions of this chapter may be issued a citation by the Building and Zoning Administrator.
A.
Penalties.
(1)
Each day a zoning violation remains uncorrected constitutes a distinct and separate zoning violation subject to additional citation and fine in the amount outlined as follows:
Citation | Penalty | |
|---|---|---|
First citation | Monetary fine no less than $50 | |
Second citation | Minimum $100 per day | |
Third citation | Minimum $200 per day | |
Each additional citation | Not to exceed $300 increase in the previously assessed fine. Maximum monetary fine for each citation not to exceed $2,500 |
(2)
Provisions of this chapter may be enforced through equitable remedies issued by the Building and Zoning Administrator or a court of competent jurisdiction.
B.
Remedies. Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of this chapter, to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation and to prevent illegal occupancy of a building, structure or premises. Other administrative remedies may include:
(1)
Cease and desist orders. The Building and Zoning Administrator shall have the authority to issue cease and desist orders in the form of written official notices given to the owner of the subject building, property, or premises, or to his agent, lessee, tenant, contractor, or to any person using the land, building, or premises where such violation has been committed or shall exist.
(2)
Permit issuance. No building permit or special use permit shall be issued by the City for any purpose except in compliance with the provisions of this chapter and other applicable chapters and laws.
(3)
Permit revocation. The City may revoke a building permit or special use permit in those cases where determination has been duly made that false statements or misrepresentations existed as to material fact in the application or plans upon which the permit or certificate was based.
(4)
Permit suspension. The City may suspend a building permit or special use permit in those cases where determination has been duly made that an error or omission on either the part of the permit, applicant or government agency existed in the issuance of the permit or certificate approval. A new permit or certificate may be issued in place of the suspended permit or certificate after correction of the error or omission.
(5)
Notice and appeal. All City decisions concerning the issuance, revocation, or suspension of a building or special use permit as well as decisions pertaining to administrative interpretations of the chapter shall be stated in official written notice to the permit applicant. Any decision may be appealed to the Zoning Board of Appeals.
§ 179-88 Amendments.
A.
Authority. The Common Council may from time to time on its own motion or on petition, after public notice and hearing, amend, supplement, repeal or change the regulations and districts established under this chapter.
B.
Referral to Planning Commission. Every proposed amendment or change initiated by the Common Council or by petition shall be referred to the City of Rensselaer Planning Commission for report thereon before the public hearing required by law. In recommending the adoption of any such proposed amendment, the Planning Commission may state its reasons for such recommendation, describing any conditions that it believes make the amendment advisable, and specifically setting forth the manner in which, in its opinion, the amendment would be in harmony with the Comprehensive Plan of Land Use for the City, and be in furtherance of the purposes set forth in § 179-2 of this chapter. In recommending the rejection or revision of any proposed amendment or change, the Planning Commission may similarly state its reasons. Failure on the part of the Commission to report its recommendations with respect to any proposed amendment or change to the Common Council within 45 days after the date of referral shall be deemed to be approval thereof, unless such proceedings have theretofore been terminated.
C.
Referral to County Planning Commission. The City Clerk shall promptly transmit to the Rensselaer County Planning Commission any matters required to be referred pursuant to the provisions of § 239-l and § 239-m of the General Municipal Law. The City Clerk shall consult with the Building and Zoning Administrator in determining whether any such matter is legally required to be so transmitted.
§ 179-89 Expiration of variances.
[Amended 10-21-2020 by L.L. No. 9-2020]
A.
When an area variance is granted by the Zoning Board of Appeals, which enables an applicant to do construction which requires a building permit, or a use variance is granted by the Zoning Board of Appeals and construction which requires a building permit is necessary for conversion to the use for which the variance is granted, and the applicant has not obtained a building permit to construct the building or part thereof for which the variance has been granted and initiated the construction work within one year from the date of the granting of the variance, said variance shall become void.
B.
When an area variance is granted by the Zoning Board of Appeals, which enables an applicant to do construction which requires a building permit, or a use variance is granted by the Zoning Board of Appeals and construction which requires a building permit is necessary for conversion to the use for which the variance is granted and a building permit to construct the building or part thereof for which the variance has been granted has been obtained, and the construction has not been substantially completed prior to the expiration of the building permit, said variance shall become void.