Utica City Zoning Code
ARTICLE II
Administration and Enforcement
Sec. 2-29-11 Enforcement.
[Ord. No. 4, 2-3-2021]
The Commissioner of Code Enforcement, the Commissioner of Urban and Economic Development, or their duly appointed representatives of the City of Utica are authorized and empowered to enforce the requirements of this chapter. The Commissioner of Code Enforcement shall cooperate with Building Code Inspector to coordinate enforcement and inspection activities so as to achieve the greatest efficiency and avoid duplication of efforts.
Sec. 2-29-12 Building permits.
[Ord. No. 4, 2-3-2021]
(a)
No building or structure shall be erected, enlarged, structurally altered, demolished, moved or removed, wholly or partly, and no excavation for any building, structure or use shall be made without obtaining a building permit in accordance with the requirements of Chapter 2-6 of the City of Utica Code, Buildings and Building Regulations.
(b)
Such building permit shall be issued only where the accompanying application, plans, drawings and specifications are in full conformity with the provisions of this chapter.
Sec. 2-29-13 Certificates of occupancy.
[Ord. No. 4, 2-3-2021]
(a)
It shall be unlawful to use or permit the use of any building or premises or part thereof, hereafter created, erected, converted or enlarged, wholly or partly, in its use or structures, unless a certificate of occupancy shall have been issued by the Building Inspector in accordance with the requirements of Chapter 2-6 of the City of Utica Code, Buildings and Building Regulations.
(b)
Such certificate shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter.
Sec. 2-29-14 Inspections; right of entry.
[Ord. No. 4, 2-3-2021]
The Building Inspector, the Zoning Officer or their duly appointed representatives are authorized to inspect and examine any building, structure, place or premises in the City of Utica to determine compliance with the provisions of this chapter. In performing such inspections, the Building Inspector, Zoning Officer or their duly appointed representatives shall have the right of entry.
Sec. 2-29-15 Certification by Commissioner of Code Enforcement.
[Ord. No. 4, 2-3-2021]
Except as hereinafter provided, no building permit or certificate of occupancy involving new construction or expansion in bulk or gross floor area of any existing building or structure or the change in intensity of use of an existing building or structure shall be issued by any officer, department or employee of the City unless the application for such permit has been examined by the Commissioner of Code Enforcement and has affixed to it a certificate of zoning compliance indicating that the proposed building or structure complies with all the provisions of this chapter. Any building permit or certificate of occupancy issued in conflict with the provisions of this chapter shall be null and void.
Sec. 2-29-16 Liability.
[Ord. No. 4, 2-3-2021]
(a)
No officer, agent or employee of the City, including any member of the Planning Board, Board of Zoning Appeals and the Scenic and Historic Preservation Commission, shall be liable for any damages that may result to persons or property as a result of any act, decision or determination required or permitted under this chapter.
(b)
Costs shall not be allowed against any such officer, agent or employee of the City, or Board or Commission, unless it shall be determined by a court of competent jurisdiction that such individual, Board or Commission acted with gross negligence or in bad faith or with malice in carrying out the powers and duties required or permitted in this chapter.
(c)
Any suit brought against the City as a result of any act required or permitted in the implementation of this chapter shall be defended by the Corporation Counsel of the City until the final determination of the proceedings thereon.
Sec. 2-29-17 Fees.
[Ord. No. 4, 2-3-2021]
(a)
The Common Council shall establish a schedule of fees for zoning amendments, special permits, appeals and variances, floodplain permits, and other matters pertaining to this chapter. The schedule of fees shall be available for public inspection in the office of the Building Inspector and Zoning Officer and may be amended only by the Common Council. This schedule may be amended by resolution of the Common Council.
(b)
Until all applicable fees have been paid in full, no action shall be taken on any application or appeal. No fee shall be refunded except as may be authorized by the Common Council in the establishment of a fee schedule.
Sec. 2-29-21 Powers and duties.
[Ord. No. 4, 2-3-2021]
(a)
Generally. In exercising its powers, the Board may reserve or affirm wholly or partly, or modify the order; requirement, decision or determination as in its judgment ought to be made in accordance with the provisions of this chapter and pursuant to Chapter 21, Article 3, of the General City Law of the State of New York.
(b)
Jurisdiction. The Board shall have all the power and duties prescribed by law and this chapter which are more particularly specified as follows:
(1)
Site plan review. The Planning Board shall be responsible for reviewing site plans in association with all zoning actions where site plan review is required, including planned developments.
(2)
Special use permit. The Planning Board shall be responsible for reviewing site plans in association with all zoning actions where special use permit is required.
(3)
Floodplain development. The Planning Board shall have full authority over the review and approval of proposals which require development of land located in the floodplain.
(4)
Curb cut variances. The Planning Board is given the authority to grant curb cut variances and driveway approach variances in accordance with Section 2-23-82 of this Code.
(5)
Subdivisions. The Planning Board is given the authority to review all proposed subdivisions of property in the City and is given the power to modify the subdivision standards in the case of large-scale developments, in accordance with Section 2-24-7 of this Code.
(6)
Recommendations to the Common Council. The Planning Board is responsible for reviewing proposals for zoning amendments and make recommendations to the Common Council on such. The Planning Board may also be required to review other proposals and make recommendations as allowed by this chapter and this Code.
(7)
Scenic and historic coordination. The Planning Board is responsible for coordinating with the Scenic and Historic Preservation Commission when projects subject to site plan review or special use permit are located within the Scenic and Historic Preservation District.
Sec. 2-29-31 Powers and duties.
[Ord. No. 4, 2-3-2021]
(a)
General. In exercising its powers, the Board may reverse or affirm wholly or partly, or modify the order, requirement, decision or determination as in its judgment ought to be made in accordance with the provisions of this chapter and pursuant to Chapter 21 Article 5-A, Section 81 of the General City Law of the State of New York.
(b)
Jurisdiction. The Board shall have all the power and duties prescribed by law and this chapter which are more particularly specified as follows:
(1)
Interpretation. Upon appeals from a decision by the Commissioner of Code Enforcement, the Commissioner of Urban and Economic Development or any other administrative official, or by its own motion, the Zoning Board of Appeals, after due notice and public hearing, shall decide appeals where it is alleged that an error or misinterpretation in any order, requirement, decision, grant or refusal has been made in carrying out the enforcement of the provisions of this chapter, including the determination of the exact location of any district boundary if there is uncertainty with respect thereto.
(2)
Grant variances. The Zoning Board of Appeals, after due notice and public hearing, may vary or adapt the strict application of any of the requirements of this chapter where in the case of exceptional physical limitations to land or buildings, such strict application would result in a practical difficulty (area variance) or unnecessary hardship (use variance) which would deprive the owner of the reasonable use of the land or building involved.
(3)
Allow building in bed of mapped streets. If after due notice and hearing as provided for in Chapter 21, Article 3, Section 35 of the General City Law of the State of New York and in accordance with the provisions set forth an advisory opinion has been rendered by the Planning Board, the Board may grant a permit for a building in the bed of a mapped street or highway shown upon the official map or plan of the City.
(4)
Extension of district boundaries. Where a district boundary line divides a lot in single ownership as shown of record at the time of the effective date of this chapter, the Board may extend the zoning district boundary line to include a greater portion or all of said lot in single ownership.
(5)
Granting of temporary uses. The Zoning Board of Appeals may grant, after due notice and public hearing, the temporary occupancy and use of a structure or lot in any district for a purpose that does not conform with the district requirements provided that such occupancy and use is a temporary one and subject to any reasonable conditions and safeguards which the Board may impose to minimize any injurious effect on the neighborhood or contiguous property. The permit shall be granted for a period of 12 months and shall be renewable for a period of not more than 12 months.
Sec. 2-29-32 Variance procedure.
[Ord. No. 4, 2-3-2021]
(a)
Initiation. A property owner may apply to the Zoning Board of Appeals for a variance of the strict application of the terms of this chapter.
(b)
Authorization.
(1)
On an appeals from a determination of the Commissioner of Code Enforcement or the Commissioner of Urban and Economic Development and in conformity with law, the Zoning Board of Appeals has the authority to vary the requirements as they apply to a particular lot where the property owner can show that his or her property was acquired in good faith and where the strict application of this chapter would result in practical difficulty or unnecessary hardship.
(2)
No application for a variance shall be acted upon until the required public hearing has been held. The Zoning Board of Appeals shall render a written decision on the application for an area or use variance within 62 days of the date of the public hearing. This time period may be extended by mutual consent of the applicant and the Board.
(c)
Application.
(1)
Every application for a variance shall be filed with the Commissioner of Code Enforcement. No application shall be officially on file with the City unless and until the application and all required accompanying submissions are submitted to the Commissioner of Code Enforcement.
(2)
The application shall contain the following information:
a.
The specific provision or provisions of this chapter from which an area or use variance is sought.
b.
The nature and extent of the variance sought.
c.
The special conditions of the property, or the nature of the use and/or development of contiguous properties, which would make such a variance necessary.
d.
A detailed statement indicating why the variance should be granted.
e.
A detailed site plan drawn to scale or with all measurements clearly labeled.
f.
Photographs of the land or building involved which highlight the area affected by the variance.
(d)
Standards for area and use variances. The Zoning Board of Appeals shall prescribe appropriate conditions and safeguards to carry out the requirements of this subsection and shall not grant any variance unless it shall make a finding of fact based upon the evidence as presented to it in each specific case as specified below:
(1)
Area variance.
a.
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the Commissioner of Code Enforcement, 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 Zoning Board of Appeals, but shall not necessarily preclude the granting of the area variance.
c.
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.
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. Such conditions shall be consistent with the spirit and intent of the zoning ordinance or local law, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
(2)
Use variances.
a.
The Zoning Board of Appeals, on appeal from the decision or determination of the Commissioner of Code Enforcement, shall have the power to grant use variances, as defined herein.
b.
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:
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 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 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)
Expiration of variances.
(1)
Whenever a variance is authorized by the Zoning Board of Appeals, the activity authorized thereby shall be established and any construction authorized thereby shall be diligently prosecuted and shall be completed within 12 months after the effective date of such variance, unless an extension of not more than six months shall be granted by the Zoning Board of Appeals because of the occurrence of conditions unforeseen at the time of authorizing such variance.
(2)
If not so acted on and completed within a period of 12 months, unless the same is extended as aforesaid, such variance shall automatically expire without notice.
Sec. 2-29-33 Hearings open to public.
[Ord. No. 4, 2-3-2021]
All hearings of the Board shall be open to the public to the extent provided in Article Seven of the Public Officers Law. The Board shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations, and other official actions, all of which shall be kept on file in the offices of the City Planning Department and shall be part of the public record.
Sec. 2-29-34 Rehearing.
[Ord. No. 4, 2-3-2021]
A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reviewed 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 decision or determination upon the unanimous vote of all members then present, provided the Board finds that the rights vested in persons acting in good faith in reliance upon the reviewed order, decision or determination will not be prejudiced thereby.
Sec. 2-29-41 Purpose.
[Ord. No. 4, 2-3-2021]
It is hereby declared as a matter of public policy that the protection, enhancement, and perpetuation of landmarks and historic districts is necessary to promote the economic, cultural, educational, and general welfare of the public. Inasmuch as the identity of a people is founded on its past, and inasmuch as the City has many significant historic, architectural, and cultural resources which constitute its heritage, this act is intended to:
(a)
Protect and enhance the landmarks and historic districts which represent distinctive elements of the City’s historic, architectural, and cultural heritage.
(b)
Foster civic pride in the accomplishments of the past.
(c)
Protect and enhance the City’s attractiveness to visitors and the support and stimulus to the economy thereby provided.
(d)
Ensure the harmonious, orderly, and efficient growth and development of the City.
Sec. 2-29-42 Scenic and Historic Preservation Commission.
[Ord. No. 4, 2-3-2021]
There is hereby created a commission to be known as the “Scenic and Historic Preservation Commission.”
(a)
Membership.
(1)
The Commission shall consist of five members to be appointed, to the extent available in the community, by the Mayor as follows:
a.
At least one shall be an architect.
b.
At least one shall be selected from a list of nominees provided by the Oneida County Historical Society.
c.
At least one shall be a resident of a historic district.
d.
At least one shall be selected from a list of nominees provided by the Landmarks Society of Greater Utica.
e.
At least one shall have demonstrated significant interest in and commitment to the field of historic preservation evidenced either by involvement in a local historic preservation group, employment, or volunteer activity in the field of historic preservation, or other serious interest in the field.
(2)
All members shall have a known interest in historic preservation and architectural development within the City.
(b)
One member of the Commission shall be appointed for a term of one year, one member of the Commission shall be appointed for a term of two years, one member for a term of three years, one member for a term of four years and one member of the Commission shall be appointed for a term of five years. All subsequent appointments shall be for a full five-year term.
(c)
Commission members may serve no more than two consecutive five-year terms.
(d)
Vacancies shall be filled for the unexpired term only and members may be removed for cause by the Mayor upon written charges and after a public hearing.
(e)
There shall be a Chair and Vice Chair of the Commission who will be elected by and from the members of the Commission.
(f)
The powers of the Commission shall include:
(1)
Utilization of staff and professional consultants as necessary to carry out the duties of the Commission.
(2)
Promulgation of rules and regulations as necessary for the conduct of its business.
(3)
Adoption of criteria for the identification of significant historic, architectural, and cultural landmarks and for the delineation of historic districts.
(4)
Conduct of surveys of significant historic, architectural, and cultural landmarks and historic districts within the City.
(5)
Designation of identified structures or resources as landmarks and historic districts.
(6)
Adoption of criteria for use in reviewing proposed building alterations.
(7)
Acceptance on behalf of the City government of the donation of facade easements and development rights, and the making of recommendations to the City government concerning the acquisition of facade easements or other interests in real property as necessary to carry out the purposes of this chapter.
(8)
Increasing public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs.
(9)
Making recommendations to City government concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the City.
(10)
Recommending acquisition of a landmark structure by the City government where its preservation is essential to the purposes of this act and where private preservation is not feasible.
(11)
Approval or disapproval of applications for certificates of appropriateness pursuant to this Division.
(g)
The Commission shall meet at least monthly, but meetings may be held at any time on the written request of any two of the Commission members or on the call of the Chair or the Mayor.
(h)
Planning Board coordination. The Scenic and Historic Board is responsible for coordinating with the Planning Board when projects that are located within the Scenic and Historic Preservation District are subject to site plan review.
(i)
A quorum for the transaction of business shall consist of three of the Commission’s members, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness.
Sec. 2-29-43 Designation of landmarks and historic districts.
[Ord. No. 4, 2-3-2021]
(a)
The Commission may designate an individual property as a landmark if:
(1)
It possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation; or
(2)
It is identified with historic personages; or
(3)
It embodies the distinguishing characteristics of an architectural style; or
(4)
It is the work of a designer whose work has significantly influenced an age; or
(5)
Because of unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood.
(b)
(c)
Notice of a proposed designation shall be sent by registered mail to the owner of the property proposed for designation, describing the property proposed and announcing a public hearing by the Commission to consider the designation. Where the proposed designation involves so many owners that individual notice is not feasible, notice may instead be published at least once in a newspaper of general circulation at least 10 days prior to the date of the public hearing. Once the Commission has issued notice of a proposed designation, no building permits shall be issued by the Building Inspector until the Commission has made its decision.
(d)
The Commission shall hold a public hearing prior to designation of any landmark or historic district. The Commission, owners, and any interested parties may present testimony or documentary evidence at the hearing which will become part of a record regarding the historic, architectural, or cultural importance of the proposed landmark or historic district. The record may also contain staff reports, public comments, or other evidence offered outside of the hearing.
(e)
The Commission shall forward notice of each property designated as a landmark and the boundaries of each designated historic district to the offices of the Oneida County Clerk for recordation.
Sec. 2-29-44 Certificate of appropriateness.
[Ord. No. 4, 2-3-2021]
(a)
Generally. No exterior alteration, restoration, reconstruction, demolition, new construction, or moving of a landmark or property within an historic district, nor shall any material change in the appearance of such property, its light fixtures, signs, sidewalks, fences, stops, paving, or other exterior elements visible from a public street or alley which affect the appearance and cohesiveness of the historic district, without first obtaining a certificate of appropriateness from the Scenic and Historic Preservation Commission.
(b)
In passing upon an application for a certificate of appropriateness, the Scenic and Historic Preservation Commission shall not consider changes to interior spaces, unless they are open to the public, or to architectural features that are not visible from a public street or alley.
(c)
Criteria for approval. The Commission’s decision shall be based on the following principles:
(1)
The Secretary of Interior’s standards for the rehabilitation of historic properties.
(2)
Properties which contribute to the character of the historic district shall be retained, with their historic features altered as little as possible.
(3)
Any alteration of existing properties shall be compatible with its historic character, as well as with the surrounding district.
(4)
New construction shall be compatible with the district in which it is located.
(d)
In applying the principle of compatibility, the Commission shall consider the following factors:
(1)
The general design, character, and appropriateness to the property of the proposed alteration or new construction.
(2)
The scale of proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood.
(3)
Texture, materials, and color and their relation to similar features of other properties in the neighborhood.
(4)
Visual compatibility with surrounding properties, including proportion of the property’s front facade, proportion and arrangement of windows and other openings within the facade, roof shape, and the rhythm of spacing of properties on streets, including setback.
(5)
The importance of historic, architectural, or other features to the significance of the property.
(e)
Application procedure. Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the Scenic and Historic Preservation Commission. The application shall contain:
(1)
Name, address, and telephone number of applicant.
(2)
Location and photographs of property.
(3)
Elevation drawings, including relationship to adjacent properties, if available.
(4)
Perspective drawings, including relationship to adjacent properties, if available.
(5)
Samples of color or materials to be used.
(6)
Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination, and a plan showing the sign’s location on the property.
(7)
Any other information which the Commission may deem necessary in order to visualize the proposed work.
(f)
No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the Scenic and Historic Preservation Commission. Nor shall a certificate of occupancy be issued until a certificate of appropriateness has been issued. The certificate of appropriateness required by this act shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the City.
(g)
The Commission shall approve, deny, or approve the permit with modifications within 45 days from receipt of the completed application. The Commission may hold a public hearing on the application at which any opportunity will be provided for proponents and opponents of the application to present their views.
(h)
All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the City Clerk’s office for public inspection. The Commission’s decisions shall state the reasons for denying or modifying the application.
Sec. 2-29-45 Planning Board coordination.
[Ord. No. 4, 2-3-2021]
(a)
Applicability: projects subject to site plan review, with or without the need for a special permit and/or variances.
(b)
Site plan review applications referred to the Commission by the Planning Board shall be referred back to the Planning Board within the forty-five-day review period for the certificate of appropriateness, unless the applicant and the Commission mutually agree upon an extension. The application shall be referred back to the Planning Board even if the certificate of appropriateness is denied.
(c)
Upon receipt of a decision from the Commission, the Planning Board can accept the approval, overrule a denial or modify the decision. Overruling a denial or modifying a decision requires a majority vote of all of the members currently serving on the Planning Board.
Sec. 2-29-46 Hardship.
[Ord. No. 4, 2-3-2021]
(a)
Criteria. An applicant whose certificate of appropriateness for a proposed demolition has been denied may apply for relief on the grounds of hardship. In order to prove the existence of hardship, the applicant shall establish that:
(1)
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible.
(2)
The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return.
(3)
Efforts to find a purchaser interested in acquiring the property and preserving it have failed.
(b)
An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply for relief on the grounds of hardship. In order to prove the existence of hardship, the applicant shall establish that the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible.
(c)
Application procedure.
(1)
After receiving written notification from the Commission of the denial of a certificate of appropriateness, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Commission makes a finding that a hardship exists.
(2)
The Commission may hold a public hearing on the hardship application at which an opportunity will be provided for proponents and opponents of the application to present their views.
(3)
The applicant shall consult in good faith with the Commission, local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.
(4)
All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the City Clerk’s office for public inspection. The Commission’s decision shall state the reasons for granting or denying the hardship application.
Sec. 2-29-47 Administration and enforcement.
[Ord. No. 4, 2-3-2021]
(a)
Enforcement. All work performed pursuant to a certificate of appropriateness issued under this chapter shall conform to any requirements included therein. It shall be the duty of the Building Code Enforcement Officer to inspect periodically any such work to assure compliance. In the event work is found that is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the Scenic and Historic Preservation Commission, the Building Code Enforcement Officer shall issue a stop-work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop-work order is in effect.
(b)
Maintenance and repair requested.
(1)
Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a historic district which does not involve a change in design, material, color, or outward appearance.
(2)
No owner or person with an interest in real property designated as a landmark or included within a historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Scenic and Historic Preservation Commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself.
(3)
Examples of such deterioration include:
a.
Deterioration of exterior walls or other vertical supports.
b.
Deterioration of roofs or other horizontal members.
c.
Deterioration of exterior chimneys.
d.
Deterioration or crumbling of exterior stucco or mortar.
e.
Ineffective waterproofing of exterior walls, roofs, or foundations, including broken windows or doors.
f.
Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.
(c)
Violations.
(1)
Failure to comply with any of the provisions of this division shall be deemed a violation, and the violator shall be liable to a fine of not less than $50 nor more than $500 for each violation and for each day the violation continues.
(2)
Any person who demolishes, alters, constructs, or permits a designated property to fall into a serious state of disrepair in violation of this division shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought by the City Attorney. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.
Sec. 2-29-51 Floodplain administrator.
[Ord. No. 4, 2-3-2021]
(a)
The Commissioner of Code Enforcement or the Commissioner of Urban and Economic Development or designee is hereby appointed local administrator to administer and implement the floodplain development regulations by granting or denying floodplain development permits to accordance with the provisions of this chapter.
(b)
Duties and responsibilities of the local floodplain administrator:
(1)
The local administrator shall conduct the following permit application review before issuing a floodplain development permit:
b.
Review subdivision and other proposed new developments, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of Article VII, Division 7, Sections 2-29-251 through 2-29-259, and in particular, Section 2-29-257, Subdivision proposals.
c.
Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of Article VII, Division 7, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.
d.
Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law.
(2)
Use of other flood data.
a.
When the Federal Emergency Management Agency has designated areas of special flood hazard of the community’s Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (these areas are designated as Zone A or V on the FIRM), nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to Section 2-29-298, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter.
b.
When base flood elevation data is not available, the local administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purpose of this chapter.
(3)
Alteration of watercourses.
a.
Notify adjacent communities and the New York State Department of Environmental Conservation (NYSDEC) prior to permitting any alteration or relocation of a watercourse, and submittal of evidence of such notification to the FEMA Region II Regional Administrator.
b.
Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(4)
Construction stage.
a.
In Zones A, A1-A30, AE and AH, if base flood elevation data is available, upon placement of the lowest flood or completion of floodproofing of a new or substantially improved structure, permit holder shall obtain a certification of the as-built elevation of the lowest floor or floodproofed elevation in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use).
b.
Any further work undertaken prior to submission and approval of the certification shall be at the permit holder’s risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected.
(5)
Inspections. The local administrator and/or the developer’s engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions.
(6)
Stop-work orders. The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit or ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in this chapter.
(7)
Certificate of compliance.
a.
In areas of special flood hazard, as determined by documents enumerated in Article VII, Division 7, Section 2-29-253, Established areas of special flood hazard, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof, hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this chapter.
b.
A certificate of compliance shall be issued by the local administrator upon satisfactory completion of all development in areas of special flood hazard.
c.
Issuance of the certificate shall be based upon the inspections conducted as prescribed in Subsection (b)(5), Inspections, of this section, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit.
(8)
Information to be retained. The local administrator shall retain and make available for inspection, copies of the following:
a.
Floodplain development permits and certificates of compliance;
b.
Certifications of as-built lowest-flood-elevations of structures, required pursuant to Subsection (b)(4), Construction stage, of this section and whether or not the structures contain a basement;
c.
Floodproofing certificates, required pursuant to Subsection (b)(4) of this section, and whether or not the structures contain a basement;
d.
Variances issued pursuant to Division 3, Zoning Board of Appeals, Floodplain Variance;
e.
Notices required under Subsection (b)(3) of this section, Alteration of watercourses.
Sec. 2-29-52 Floodplain development permits.
[Ord. No. 4, 2-3-2021]
(a)
A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in the community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding.
(c)
Applications for a permit shall be made on forms furnished by the local administrator and may include, but not be limited to, plans, in duplicate, drawn to scale, and showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, and drainage facilities, and the location of the foregoing.
(d)
Penalties for noncompliance.
(1)
No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations.
(2)
Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation.
Sec. 2-29-53 Application procedures.
[Ord. No. 4, 2-3-2021]
(a)
Application.
(1)
The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zones A1-A30, AE or AH, or Zone A if base flood elevation data is available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor.
(2)
The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the local administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor.
(3)
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in Section 2-10-18(3), Utilities.
(4)
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in Section 2-10-20, Nonresidential structures.
(5)
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in Section 2-10-6, when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.
(6)
A technical analysis, by a licensed professional engineer, if required by the local administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property.
(7)
In Zone A, when no base flood elevation data is available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or five acres.
Sec. 2-29-61 Statement of intent.
[Ord. No. 4, 2-3-2021]
(a)
Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this chapter was passed or amended, but which could be prohibited, regulated or restricted under the terms of this chapter or future amendments.
(b)
It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Nonconformities may be permitted to be enlarged or added to, but only in a limited manner and as provided for in other sections of this chapter.
(c)
To avoid hardship, nothing in this division shall be deemed to require a change in the plans, construction or designated use of any building for which a valid building permit has been issued at the time of adoption of this chapter. This shall not extend the expiration date of a building permit.
Sec. 2-29-62 Nonconforming uses.
[Ord. No. 4, 2-3-2021]
(a)
Any nonconforming use, which existed lawfully at the time of adoption of this Code, may be continued, subject to the following provisions.
(b)
Expansion, change of use, or replacement.
(1)
Expansion. A nonconforming use, which existed at the time of adoption of this chapter, may be expanded within any portion of the existing structure in which it is located upon site plan review and approval from the Planning Board. A nonconforming use shall not be expanded beyond the area of the existing structure in which the use is located, unless granted a use variance from the Zoning Board of Appeals.
(2)
Change of use. A nonconforming use shall not be changed to any other nonconforming use.
(3)
Replacement. If a nonconforming use is replaced by another use, such use shall conform to the regulations of the district in which it is located.
(c)
Discontinuance.
(1)
In all commercial districts (CBD, UMU and NMU), if a nonconforming use is discontinued for a period of two years (24 consecutive months), such nonconforming use shall expire and be deemed abandoned; and any subsequent use on the same lot shall conform to the regulations of the district in which it is located.
(2)
In all other districts, if a nonconforming use is discontinued for a period of one year (12 consecutive months), such nonconforming use shall expire and be deemed abandoned; and any subsequent use on the same lot shall conform to the regulations of the district in which it is located.
(d)
Destruction and restoration. If any structure in which a nonconforming use is conducted is hereafter damaged, removed, or destroyed by fire, wind, explosion, or other natural cause, to the extent of 75% or more of its fair market value at the time of such damage, application for any reconstruction or restoration of such structure for a building permit, to resume the non-conforming use shall be made within one year and the structure for the nonconforming use shall be constructed within one additional year unless the permit is renewed.
Sec. 2-29-63 Nonconforming structures.
[Ord. No. 4, 2-3-2021]
(a)
Continuation. Any nonconforming structure, which existed lawfully or if a valid building permit has been issued at the time of adoption of this chapter may be maintained.
(b)
Modification and replacement. A nonconforming structure shall be maintained in such condition as will not constitute a danger to the health, safety, or general welfare of the public.
(1)
Modification. A nonconforming structure shall not be added to or enlarged or altered in any manner, in a way, which increases its nonconformity. All such modifications, which increase the nonconformity, shall require an area variance from the Zoning Board of Appeals.
(2)
Replacement. A nonconforming structure may be replaced on its identical footprint, within 24 months after its removal, so long as it is not added to, enlarged, reconfigured or altered in any manner or in a way, which increases its nonconformity. After 24 months after removal, such nonconforming structure may not be rebuilt on the same footprint but must conform to the regulations of the district in which it is located.
Sec. 2-29-64 Nonconforming lots.
[Ord. No. 4, 2-3-2021]
(a)
Any nonconforming lot of record existing as of the adoption of this chapter, which does not meet the minimum lot area and/or minimum lot width and depth requirements for the zoning district in which such lot is situated shall be considered as complying with such minimum lot requirements, and no variance shall be required, provided that such lot does not adjoin other lots in the same ownership.
(1)
All such lots in the same ownership shall be treated together as one lot. Undeveloped lots shall be merged, one developed and one undeveloped lot shall be merged, two developed lots are not required to be merged.
(b)
A new structure may be built on a nonconforming lot legally existing prior to the adoption of this chapter so long as such new buildings or structures comply with all of the regulations of the district in which it is located.
(c)
Lawfully existing structures located on nonconforming lots may be moved, expanded, enlarged or replaced as long as such change complies with all of the regulations of the district in which it is located.
Sec. 2-29-65 Certificate of nonconformity.
[Ord. No. 4, 2-3-2021]
(a)
Authority. The Commissioner of Urban and Economic Development, or a duly designated representative, shall have authority to issue a certificate of nonconformity in any zone within the City.
(b)
Purpose. The certificate of nonconformity shall establish the legality of nonconforming uses, structures, lots and signs established prior to the effective date of this chapter that do not conform to the regulations of this chapter applicable in the zoning districts in which such nonconformities are located.
(c)
Certificate of nonconformity standards. A certificate of nonconformity shall be required for any nonconforming uses, structures, lots and signs in the City prior to the approval of additional applications that may be required.
(d)
Procedure.
(1)
Application. The owner of any nonconformity may at any time apply to the Commissioner of Urban and Economic Development for a certificate of nonconformity to establish the legality of nonconformity as of a specified date. Such application shall contain such information as may be required by the Commissioner of Urban and Economic Development.
(2)
Action by Commissioner of Urban and Economic Development. Within 45 days following receipt by the Commissioner of Urban and Economic Development of a completed application or such longer time as may be agreed to by the applicant, the Commissioner of Urban and Economic Development shall approve or deny the certificate of nonconformity.
(3)
Approval or denial. If, upon reviewing an application for a certificate of nonconformity, the Commissioner of Urban and Economic Development shall determine if the required documents and proof is in order and determine if the use, lot, structure or sign:
a.
Was lawfully existing at the time of the adoption of the provision creating the nonconformity in question;
b.
Has been in continuous use since its establishment with no period of discontinuance causing abandonment and is not in violation of any provisions of this chapter;
c.
The Commissioner of Urban and Economic Development shall issue a certificate evidencing such facts and setting forth the nature and extent of the nonconformity and the date, if any, upon which such nonconformity shall be terminated; otherwise, the Commissioner of Urban and Economic Development shall decline to issue such certificate and shall declare such building, structure or sign to be in violation of this chapter.
(e)
Appeals. Appeal of a decision by the Commissioner of Urban and Economic Development on a certificate of nonconformity shall be taken to the Zoning Board of Appeals within 60 days of the decision.
Sec. 2-29-71 Forms for appeals and applications.
[Ord. No. 4, 2-3-2021]
All appeals and applications as provided for in this chapter shall be submitted in writing on the forms prescribed by the Commissioner of Urban and Economic Development. Each appeal or application shall contain that specific information as may be required by the various provisions of this chapter.
Sec. 2-29-72 Filing of applications.
[Ord. No. 4, 2-3-2021]
(a)
Every application required under the provisions of this chapter shall be filed with the Commissioner of Urban and Economic Development. No application shall be officially on file with the City unless and until the application and all required accompanying submissions are received by the Commissioner of Urban and Economic Development.
(b)
If the application is complete, it shall be transmitted to the officer, body or agency having jurisdiction to act on the same, and such official shall promptly notify the Commissioner of Urban and Economic Development of the action taken on the application.
Sec. 2-29-73 Processing of applications.
[Ord. No. 4, 2-3-2021]
(a)
All applications and appeals shall be heard and considered in the order in which they are filed, except that an application or appeal may be advanced for a hearing by an order of the respective body for good cause shown. The clerks of the respective hearing bodies shall keep a calendar of cases to be heard in their proper priority.
(b)
All applications for an amendment to the Zoning Map shall be heard and a decision made within 12 months from the date of filing, unless an extended period is mutually agreed upon by the applicant and the City or unless an applicant refuses or neglects to prosecute an application in accordance with the provisions of this chapter.
Sec. 2-29-74 Time of appeal.
[Ord. No. 4, 2-3-2021]
An appeal of any order, requirement, decision, interpretation or determination of any administrative official charged with the enforcement of this chapter shall be filed within 60 days of the date of such decision. The administrative official from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
Sec. 2-29-75 County approval.
[Ord. No. 4, 2-3-2021]
Pursuant to §§ 239-1 and 239-m of the General Municipal Law, certain classes of zoning actions shall be reviewed by the Oneida County Planning Department.
Sec. 2-29-76 Conduct of public hearings.
[Ord. No. 4, 2-3-2021]
All public hearings as required by this chapter, whether they be conducted by an authorized committee, the Common Council, the Zoning Board of Appeals, or the Planning Board, shall be conducted in accordance with the following provisions:
(a)
No public hearing shall be held unless the required notice for same has been satisfied in accordance with the provisions of Section 2-29-108.
(b)
All hearings shall be open to the public. Any person may appear and testify at such hearing, either in person or by an authorized agent or attorney.
(c)
The hearing body shall by general rule prescribe procedures for the conduct of hearings (i.e., Robert’s Rules of Order).
(d)
The Chair, upon a vote of the majority of members, may continue or defer a hearing, according to one of the following criteria:
(1)
If a hearing has been opened and public testimony has been received and there is cause for continuation of the hearing, no formal notice as required by Section 2-29-108 shall be required if the hearing is continued to a date certain; or
(2)
If a hearing on a special use permit, a variance, or an amendment to the Zoning Map has not been opened, and there is cause for deferral of the hearing, written notice to adjacent property owners as required by Subsection 2-29-77(c)(2) shall be remailed, except such notice shall be mailed not less than 10 days in advance of the public hearing; or
(3)
If a hearing is concluded, but action is deferred until a future date, no formal notice as set forth in this chapter shall be required prior to action being taken.
(e)
Where deemed necessary, it shall be in order to conduct joint hearings after public notice as set forth in as set forth in this chapter. If such joint hearing is held, then public notice need be given by only one hearing body, which shall be the Common Council in those instances where it is one of the hearing bodies.
(f)
An action may be reconsidered only upon motion of a member voting with the prevailing side of the original vote. A motion to reconsider must be made at the same or immediately subsequent regular meeting, and may be seconded by a member.
Sec. 2-29-77 Required notice for public hearing.
[Ord. No. 4, 2-3-2021]
(a)
No public hearing as required by the provisions of this chapter shall be held unless documented evidence can be presented that the following notice requirements have been satisfied. The subject of the public hearing need not be advertised in full, but may be advertised by reference. Every such advertisement shall contain a reference to the place or places within the City where copies of the subject of the public hearing may be examined.
(b)
Publication. Public notice of any hearing shall be published once in a local newspaper having general circulation in the City. Such notice shall be published not less than 10 days nor more than 21 days before the date of the hearing and shall specify the time and place of the hearing and the nature of the matter before the hearing body. Such notice shall be the responsibility of the clerk of the hearing body.
(c)
Written notice to appellant/applicant.
(1)
With respect to an appeal from an order, requirement, decision or interpretation made by the Commissioner of Urban and Economic Development, the Clerk of the Zoning Board of Appeals shall either send to the appellant by registered mail a notice of a hearing on such appeals, or cause such notice to be served personally on the appellant, in either case at least 10 days before the time of said hearing. A copy of such notice shall be sent to the City’s Corporation Counsel.
(2)
With respect to an application for a variance, the hearing body shall submit written notice to the applicant, and owners of the subject property if different from the applicant, by first class mail such to be postmarked at least 10 days before the day of the hearing.
(3)
With respect to an application for amendment to the Zoning Map, the Clerk of the Planning Board shall send written notice to all owners of property within 200 feet of the exterior boundaries of the subject property. Such written notice shall state the date, time and place of the public hearing, the present and requested zoning of the property, the location and size of the property, the nature and use of the land proposed, and the name of the applicant. Such written notice shall be postmarked not less than 10 days before the hearing, to the last known address of the owner(s) as shown on the current real estate assessment books.
(4)
With respect to an appeal from an order, requirement, decision or interpretation made by the Commissioner of Urban and Economic Development or an application for a variance or special use permit, the clerk of the Zoning Board of Appeals shall send written notice to all owners of property within 200 feet of the exterior boundaries of the subject property. Such written notice shall state the date, time, place and subject matter of the hearing and the name of the applicant. Such written notice shall be postmarked not less than 10 days before the hearing, to the last known address of the owner(s) as shown on the current real estate assessment books.
(5)
With respect to a public hearing for site plan review and special permit by the Planning Board, the applicant shall send written notice to all owners of property within 200 feet of the exterior boundaries of the subject property. Such written notice shall state the date, time, place and subject matter of the hearing and the name of the applicant. Such written notice shall be postmarked not less than 10 days before the hearing, to the last known address of the owner(s) as shown on the current real estate assessment books.
(d)
Additional notice. The hearing body may by resolution prescribe additional means and forms of notices in connection with any matter falling within its jurisdiction.
Sec. 2-29-81 Authorization.
[Ord. No. 4, 2-3-2021]
The regulations imposed and the districts created by this chapter may be amended from time to time in the manner provided herein.
Sec. 2-29-82 Initiation of amendments.
[Ord. No. 4, 2-3-2021]
Amendments may be proposed in writing by the Mayor, Common Council, Commissioner of Urban and Economic Development, Commissioner of Code Enforcement, the Planning Board, the Zoning Board of Appeals, or any person having legal interest in any property within the City, or by any interested citizen of the City.
Sec. 2-29-83 Procedures.
[Ord. No. 4, 2-3-2021]
(a)
All applications for an amendment to the text of this chapter or for an amendment to the Zoning Map shall be filed with the Commissioner of Urban and Economic Development who shall forward a copy of the same to the Planning Board.
(b)
Referral to Planning Board. Every such proposed amendment of text or change in the Zoning Map shall be referred to the Planning Board for report thereon before the public hearing provided by the NYS City Law. In recommending the adoption of any such proposed amendment, the Planning Board shall state its reasons for such recommendation, describing any condition that it believes makes the amendment advisable and specifically setting forth the manner in which, in its opinion, the amendment would be in harmony with the Master Plan of land use for the city and would be in furtherance of the purposes set forth in this chapter. In recommending the rejection or revision of any proposed amendment, the Planning Board shall similarly state its reasons.
Sec. 2-29-84 Hearing on proposed amendment; notice thereof.
[Ord. No. 4, 2-3-2021]
Before any amendment, supplement or change in the regulations or district boundaries, there shall be a public notice and hearing.
Sec. 2-29-85 Adoption of amendment.
[Ord. No. 4, 2-3-2021]
After the public hearing and referral to and report by the Planning Board, a majority vote of the members of the Common Council shall be required to amend this chapter, except as described in the protest petition process.
Sec. 2-29-86 Protest petition.
[Ord. No. 4, 2-3-2021]
If a written protest against a proposed amendment, supplement or change is presented to the Common Council, signed by the owners of 20% or more of the area of the land included in such proposed change, or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least a supermajority members of the Common Council.
Sec. 2-29-91 Appointment of alternate members.
[Ord. No. 4, 2-3-2021]
(a)
Appointment; term; powers; applicability of state law.
(1)
This article is enacted to provide a process for appointing alternate members of the Planning Board, Zoning Board of Appeals, and Scenic and Historic Commission. These individuals would serve when quorum cannot be met by the respective boards due to conflicts of interest by the regular members or extended absence due to illness.
(2)
Alternate members of the Boards shall be appointed by the duly authorized appointing authority for a term of one year. No more than three alternate members may be appointed at one time.
(3)
The Chair of the Planning Board, Zoning Board, or Scenic and Historic Commission may designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial meeting at which the substitution is made.
(4)
All provisions of state law relating to Planning Board, Zoning Board of Appeals, or Scenic and Historic Commission member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provision of a local law/local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
(b)
Severability. If any provisions of this section are held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this section shall remain in effect.
Sec. 2-29-101 Purpose and intent.
[Ord. No. 4, 2-3-2021]
(a)
It is the purpose of this division to establish minimum training, attendance and continuing education hourly requirements for members of the Planning Board, Zoning Board of Appeals, and Scenic Historic Preservation Commission.
(b)
It is the purpose of this division to ensure that the complex and diverse process of administering local land use laws, where decisions have a profound effect on the character of the City and the wellbeing of its citizens, is conducted by a well-trained and knowledgeable body of Planning Board, Zoning Board of Appeals, and Scenic Historic Preservation Commission members.
(c)
It is the intent of this division to ensure that Planning Board, Zoning Board of Appeals, and Scenic Historic Preservation Commission members obtain training to enhance their ability to carry out their duties under law and to regularly attend the meetings held by the Board to which they are appointed.
Sec. 2-29-102 Minimum attendance requirements established.
[Ord. No. 4, 2-3-2021]
All members of the Planning Board, Zoning Board of Appeals, and Scenic Historic Preservation Commission shall be required to attend a minimum of seven of 12 meetings, or approximately 60% of the meetings held, within each year from the year of their initial appointment to such board. Members are further prohibited from missing four consecutive meetings.
Sec. 2-29-103 Minimum training requirements established.
[Ord. No. 4, 2-3-2021]
(a)
All members of the Planning Board, Zoning Board of Appeals, and Scenic Historic Preservation Commission shall be required to attend a minimum of four hours of relevant training courses within each year from the year of their initial appointment to such board.
(b)
Suitable training in excess of four hours per year may be accumulated and carried over into the succeeding year for the purpose of satisfying the training requirements for the following calendar year. However, no more than four hours may be carried for more than one year. All members of the Planning Board, Zoning Board of Appeals, and Scenic Historic Preservation Commission must not go more than two calendar years without completing additional training hours.
(c)
The training requirement may be satisfied by educational activities substantially devoted to planning, zoning or other land use issues, such as attending conferences, seminars or workshops; participating in online training or tutorials; attending college courses; reading journal articles or books; any other educational activities considered acceptable by the Commissioner of Urban and Economic Development. Training may be offered by a municipality, regional or county planning office or commission, county, regional or state planning federation, state agency, statewide municipal association, college or university or other similar entity.
(d)
A record of annual completion of training shall be maintained by the Commissioner of Urban and Economic Development and a copy provided to the Mayor prior to considering a Planning Board or Zoning Board member for reappointment. Eligibility for reappointment to these boards shall be conditioned upon completion of required training.
(e)
Noncompliance with minimum requirements relating to training hours shall be deemed a proper cause for removal from position on either board.
(f)
The costs of such seminars, workshops or continuing education courses so designated shall be reimbursed by the City upon successful completion. Such training sessions shall be approved in advance by the Commissioner of Urban and Economic Development, which approval shall not be unreasonably withheld.
Sec. 2-29-104 Removal for noncompliance.
[Ord. No. 4, 2-3-2021]
(a)
The Commissioner of Urban and Economic Development shall notify the Mayor in writing, on or about May 1 in any year of any member who fails to comply with the minimum requirements for training and attendance in any calendar year. In the event that a member of the Planning Board, Zoning Board of Appeals, and Scenic Historic Preservation Commission has failed to comply, then the Mayor may remove such member for cause as provided herein. Such member shall be mailed a written notice, by certified mail, return receipt requested, specifying the nature of the failure of such member to meet the minimum training and attendance requirements.
(b)
Action by the Mayor. Following the issuance of a written notification and upon a finding that such member has not met the minimum training and attendance requirements established by this division, the Mayor, within 30 days of such finding, may:
(1)
Remove such member from the Planning Board, Zoning Board of Appeals, and Scenic Historic Preservation Commission; or
(2)
Issue a written reprimand to such member without removing such member from such Board; or
(3)
If the Mayor shall find that the reasons for failing to meet the minimum training and attendance requirements are excusable because of illness, injury or other good and sufficient cause, the Mayor may elect to take no action.
Sec. 2-29-105 Lack of training not to affect validity of actions.
[Ord. No. 4, 2-3-2021]
Notwithstanding the foregoing, the failure of a member of the Planning Board, Zoning Board of Appeals, and Scenic Historic Preservation Commission to obtain such training shall not affect said person’s ability to entertain applications, to vote on such applications or the validity of such member’s actions while still an appointed member of the respective Board.
Sec. 2-29-106 Removal for cause.
[Ord. No. 4, 2-3-2021]
Nothing contained herein shall be deemed to limit or restrict the Mayor’s authority to remove a member from the Zoning Board of Appeals, Planning Board, Scenic and Historic Preservation Commission for cause (i.e., for other than the reasons enumerated herein).