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.
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.