All persons proposing to construct, erect, relocate, alter,
repair, remove, demolish or structurally change any building, structure
or portion thereof shall apply to the enforcement office for a building
permit on an appropriate form.
A. Application for building permit. Any such application for a building
permit shall be made in duplicate, shall state the use and occupancy
proposed and shall be accompanied by two copies of all plans drawn
to scale showing the dimensions and location, on the lot or in the
building, of the proposed construction, erection, relocation, repair,
extension, removal, demolition or structural change, and showing its
relation to any existing building or other structures, and the proposed
grading around such building.
B. Approval. The enforcement officer, after determining that such proposed
work, use and occupancy are in compliance with all provisions of this
chapter, the Building Code and other applicable ordinances, may approve
any such application and issue a building permit in connection therewith.
C. Disapproval. The enforcement officer, after determining that such
proposed work, use and occupancy are not in compliance with all provisions
of this chapter; the Building Code and other applicable ordinances,
shall disapprove such application and shall return to the applicant
one copy of such application and shall return to the applicant the
plan, endorsed as disapproved, with the reasons stated in writing
thereon.
D. Prior approval. If approval is required by the Zoning Board of Appeals,
Planning Board, County Health Department or other agency for any such
proposed work, such approval shall be obtained in writing and submitted
along with the application for a building permit.
E. Expiration. Every building permit issued shall become void after
the expiration of six months immediately following the date of issuance,
and any further work on any premises after the expiration date or
extension period of such building permit has passed shall constitute
a violation of this chapter. Prior to such expiration date, the applicant
may either apply to the enforcement officer for a new building permit
or for an extension of the expiration date of the original building
permit.
F. Extension. The enforcement officer may, for just cause, extend the
expiration date of any building permit for a reasonable time period
and may attach reasonable conditions to such extension relating to
the work involved or situations that exist as a result of the work.
G. Recission. The enforcement officer may, for just cause, rescind a
building permit which he/she has issued.
H. Inspection. The enforcement officer shall inspect or cause to be inspected any building, structure or portion thereof after completion of any work for which a building permit was issued and be assured that all plans as approved are complied with before issuing a certificate of occupancy in accordance with §
220-45.
I. Appeals. Any person allegedly aggrieved as a result of an action
or failure to act by the enforcement officer in regard to a building
permit shall have recourse to the Board of Appeals.
The Common Council may, from time to time on its own motion
or on a petition, after public notice and hearing which hearing may
be held by the Council or by Committee of the Council or by the Planning
Board, amend, supplement, repeal or change the regulations and districts
established by this chapter.
A. Advisory report by Planning Board.
(1) Each such proposed amendment or change shall be referred to the Planning
Board. The Planning Board shall submit to the Common Council its advisory
report within 30 days after receiving notice from the City Clerk of
the proposed change. The failure to make such report within 35 days
shall be deemed to be a favorable recommendation.
(2) In undertaking such review as shall be requested by the Common Council,
the Planning Board shall make inquiry and provide recommendations
concerning the matters specified below:
(a)
Whether such change is consistent with the purposes embodied
in this chapter as applied to the particular district or districts
concerned;
(b)
Which areas and establishments in the City will be directly
affected by such change and in what way they will be affected;
(c)
Whether adequate public services and other support facilities
exist or can be created to serve the needs of any additional development
that may occur as a result of such change;
(d)
The indirect implications of such change in its effect on other
regulations; and
(e)
Whether such proposed amendment is consistent with the underlying
objectives of the City's Master Plan and this chapter.
B. Common Council procedure.
(1) Public hearing. No such change in text or zoning district boundary
of this chapter shall become effective until after a public hearing
is held in relation thereto at which the general public shall have
an opportunity to be heard.
(2) Public notice of hearing. At least 10 days prior to the date of such
public hearing, a notice of the time, and place of such hearing shall
appear in a newspaper of general circulation in the City. Such notice
shall describe the area, boundaries, regulations or requirements that
such proposed change involves. Notice of any proposed change or amendment
affecting property within 500 feet of any other municipality, state
park or parkway shall be provided to the Clerk of such municipality
at least 10 calendar days prior to the date of such public hearing.
Written notice of such proposed change or amendment affecting property
within the protectively zoned area of a housing project authorized
under the Public Housing Law shall be given at least 10 calendar days
prior to the date of such hearing.
(3) Required referral. The City Clerk shall promptly transmit to the
Warren County Planning Board any matters required to be referred pursuant
to the provisions of §§ 239-l and 239-m of the General
Municipal Law. Sections 239-l and 239-m of the General Municipal Law
require that any municipal zoning regulation, or amendment to a zoning
regulation, which would change the district classification of, or
the regulations applying to, real property lying within a distance
of 500 feet from the boundary of any City, village, town, existing
or proposed county or state park or other recreation area; any right-of-way
or any stream or drainage channel owned by the county for which the
county has established channel lines; any existing or proposed boundary
of any county- or state-owned land on which a public building or institution
is situated. No proposed amendment shall be acted upon until a recommendation
has been received from the County Planning Board or 30 calendar days
have elapsed since the County Planning Board received all materials
relevant to such proposed amendment.
(4) Compliance with State Environmental Quality Review Act. Proposed
amendments are actions subject to the provisions of the New York State
Environmental Quality Review Act. Prior to formal consideration and
public hearing, the City Council shall make a determination as to
the type of action, lead agency status and environmental significance
of the proposal in accordance with Article 8 of the Environmental
Conservation Law and Part 617 NYCRR.
(5) Common Council action. The Common Council may approve any such proposed
amendment by a majority vote of said Council, except that a favorable
vote of a majority plus one shall be required, if:
(a)
Action being taken is contrary to the advisory recommendation
received from the Warren County Planning Board under the provisions
of §§ 239-l and 239-m of the General Municipal Law;
or
(b)
In accordance with the provisions of § 83 of the General
City Law, a protest petition against such amendment has been duly
signed and acknowledged by the owners of at least 20% of the land
area included in such proposed change or of that 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 change or amendment thus protested
shall require the favorable vote of 2/3 of all the members of the
Common Council in office to become effective, exclusive of the Mayor.
(6) Publication and posting. Every zoning local law and every amendment
to a zoning local law, including any map incorporated therein, shall
be entered in the minutes of the Common Council. There shall be published
once in the official newspaper of the City a notice that the law or
amendment has been passed, a brief description of the substance of
the ordinance and its intent and purpose, where appropriate, and a
statement that the same is on file and may be examined at the City
Clerk's office. The Common Council may also require the whole or any
portion of the law to be published at that time.
Fees for building permits, inspections, certificates of occupancy,
applications, amendments, appeals and any other submission or action
which requires a fee as determined and established by the Common Council
shall be paid in such amounts, and at such times, as established by
the City Council from time to time. Said fees will be posted in the
Building Department on the official Schedule of Fees for the City
of Glens Falls.