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