A.
Enforcement officer. This chapter shall be administered and enforced
by the Building Inspector or Code enforcement officer, who are referred
to in this chapter as the "enforcement officers." He shall be appointed
by the Common Council of Glens Falls. The Common Council may fix the
salary on remuneration of such enforcement officer and provide for
the payment thereof.
B.
Rules, regulation and forms. The enforcement officer shall have the
authority to make, adopt and promulgate such written rules, regulations
and forms as he/she may deem necessary for the proper enforcement
and administration of this chapter and to secure the intent thereof.
Such rules, regulations and forms shall not be in conflict with the
provisions of this chapter or any other ordinance or local law of
the City of Glens Falls, nor shall they have the effect of waiving
any provisions of this chapter or any other ordinance or local law.
Such rules, regulations and forms shall have the same force and effect
as the provisions of this chapter and are subject to the same penalties
for violation thereof. Such rules, regulations and forms shall be
submitted to the Common Council by the enforcement officer, which
shall move to approve, reject or modify such rules, regulations or
forms within 30 days after submission. Failure to so move shall be
construed to constitute approval thereof. Said rules, regulations
and forms as approved by the Common Council shall be on file and available
to public view.
C.
Records. The enforcement officer shall keep clear, concise and adequate
records of all activities in performance of his/her office, including
all applications for permits and certificates and his/her action thereupon.
D.
Reports. The enforcement officer shall make a monthly report to the
Common Council of all activities in performance of his/her duties
in the form required by the Common Council, and shall turn over to
the Common Council all fees collected. A copy of the monthly report
shall be filed with the City Clerk, the Planning Board and the Zoning
Board of Appeals.
E.
Entry and inspection. The enforcement officer shall have the right
to enter upon, examine or inspect any building or property at any
time for the purpose of carrying out his/her duties and to determine
compliance with the provisions of this chapter. A written report of
each such examination and inspection shall be prepared on an appropriate
form and kept on file by the enforcement officer.
F.
Action in response to appeal. In the event that any of the enforcement
officer's actions are appealed to the Zoning Board of Appeals, he/she
shall forward to the Zoning Board copies of all records relevant to
such action and shall appear before the Zoning Board of Appeals when
a public hearing upon such appeal is held.
A.
General. Whenever, in the opinion of the enforcement officer, after
proper examination and inspection, there appears to exist a violation
of any provision of this chapter, or of any rule or regulation adopted
pursuant thereto, he/she shall serve a written notice of violation
upon the appropriate person responsible for such alleged violation.
B.
Notice of violation. Such notice may be served upon the person to
whom it is directed either by delivering it personally to him/her,
or by posting the same upon a conspicuous portion of the building
under construction or premises in use and by sending a copy of the
same to the person or persons responsible by certified mail. Such
notice of violation shall inform the recipient of:
(1)
The nature and details of such violation;
(2)
Recommend remedial action which, if taken, will effect compliance
with the provisions of this chapter and with rules and regulations
adopted pursuant thereto;
(3)
The date of compliance by which the violation must be remedied or
removed; and
(4)
The right to a hearing before the Zoning Board of Appeals.
C.
Appearance ticket. The enforcement officer is hereby empowered to
issue appearance tickets to enforce the provisions of this chapter.
D.
Emergency action.
(1)
If, in the opinion of the enforcement officer, a violation exists
which requires immediate action to avoid a direct hazard or imminent
danger to the health, safety or welfare of occupants of a building,
or to other persons, the enforcement officer may order such violation
immediately remedied, or may take direction action on his/her own
initiative to abate the hazard or danger. Any costs incurred by such
action shall be paid for by owner, occupant or person responsible
for the violation. The enforcement officer shall keep on file an affidavit
stating with fairness and accuracy the items of expense and date of
execution of action taken, and the enforcement officer is furthermore
authorized to institute a suit, if necessary, against the person liable
for such expenses, or place a lien against his/her property, in order
to recover the costs.
(2)
Whenever a violation of this chapter occurs, any person may file
a complaint in regard thereto. All such complaints shall be filed
with the enforcement officer, who may require such complaint to be
in writing. The enforcement officer shall have the complaint properly
investigated and report thereon to the Common Council.
E.
Status of existing violations. No building permit or certificate
of occupancy required by this chapter shall be issued by the enforcement
officer pertaining to any premises on which there exists a violation
of this chapter, or any related City regulation which governs either
building construction or the use of land and structures within the
City of Glens Falls.
A.
A notice of violation of the violation of any provision or requirement
of this chapter or violation of any statement, plan, application,
permit or certificate approved under the provisions of this chapter
shall be delivered via certified mail or personal service on the liable
party or parties. The owner, general agent or contractor of a building,
premises, or part thereof, where such a violation has been committed
or does exist, and any agent, contractor, builder, architect, corporation
or other person who commits, takes part in or assists such violation
shall be liable for such an offense. If said violation is not cured
within 30 days of the date of the certified mailing, or personal service,
then said violation shall be considered an offense. Said offense shall
be punishable upon conviction by a fine of not more than $1,000 for
each offense. Each and every month that said violation remains in
effect after the date of the service of the notice of violation shall
be considered a separate offense, which shall be punishable by the
penalties set forth above. All such penalties shall be collectible
by and in the name of the City.
[Amended 7-21-2005 by L.L. No. 5-2005[1]]
[1]
Editor's Note: This local law was amended 8-4-2005 by Res.
No. 255 to make a minor wording change.
B.
Court action. The imposition of penalties herein prescribed shall
not preclude the City from instituting any appropriate legal action
or proceeding in a court of competent jurisdiction to prevent an unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance of use, or to restrain by injunction, correct or abate
a citation on prevent the illegal occupancy of a building, land or
premises.
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.
A.
Who must obtain certificate. All persons desiring permission to:
(1)
Occupy and use a building or structure on part thereof following
construction, erection, relocation, alteration, repair, extension,
removal, demolition on structural changes, wholly or in part; or
(2)
Change the use of an existing building or a part thereof; or
(3)
Occupy and use vacant land or to change the use of land, for any
uses other than those consisting principally of tilling the soil.
B.
Application for certificate of occupancy. Any such application for
a certificate of occupancy shall be made in duplicate in accordance
with rules established by the enforcement officer. Such application
shall be made concurrently with an application for a building permit.
C.
Approval. The enforcement officer may issue a certificate of occupancy
after determining by inspection that such person complies with this
chapter and other applicable ordinances, or the premises complies
with the plans, specifications and conditions for which a building
permit was issued.
D.
Additional data and documents. Every applicant for a certificate
of occupancy shall list the data and documents submitted with his/her
application for a building permit or, in case none was required, he/she
shall submit such additional data and documents as are required by
rules established by the enforcement officer.
E.
Entitlement. The issuance of a certificate of occupancy by the enforcement
officer shall entitle and authorize the applicant to occupy and use,
initially and continuously, or to change the use of, building and
land in accordance with this article.
F.
Validity. A certificate of occupancy shall remain valid only for
those specific conditions of use and occupancy in effect at the time
of issuance on for which said certificate was issued, subject to the
requirements for nonconforming uses.
G.
Disapproval. In case the enforcement officer shall refuse to issue
a certificate of occupancy, his/her reasons shall be stated in writing
on the application, and one copy shall be returned to the applicant.
H.
Rescission. The enforcement officer may rescind for just cause a
certificate of occupancy which he/she has issued.
I.
Appeal. Any persons allegedly aggrieved as a result of an action
or failure to act by the enforcement officer in regard to a certificate
of occupancy shall have recourse by appeal to the Zoning Board of
Appeals.
J.
Approvals needed. No certificate of occupancy shall be issued for
any special use of a building or land requiring special permit or
final site plan approval by the Planning Board, unless and until such
special use permit or final site plan approval has been granted by
the Planning Board. Every certificate of occupancy for which a special
use permit or final site plan approval has been granted, or in connection
with which a variance has been granted by the Zoning Board of Appeals,
shall contain a detailed statement of any condition(s) to which the
same is subject and include, by attachment, a copy of such Board of
Appeals or Planning Board decision.
K.
Temporary certificates of occupancy. A temporary certificate of occupancy
for not more than 90 days may be issued by the enforcement officer.
Such a certificate shall be required for:
(1)
Land for the purpose of temporary amusements, provided that such
use shall not be detrimental to the community welfare.
A.
Purpose and intent. The purpose of this section is to provide for
the creation of a Planning Board.
B.
General provisions.
(1)
Creation, appointment and organization. There is hereby established
a Planning Board pursuant to General City Law, which shall consist
of seven members appointed by the Mayor or other duly authorized appointing
authority. The Mayor shall designate one member as Chairperson. On
failure to do so, the Planning Board shall elect a Chairperson. The
Mayor shall have the power to remove any member of the Planning Board
for cause and after public hearing.
(2)
Terms. The terms of members of the Planning Board shall be in compliance
with applicable General City Law.
(3)
The Planning Board is governed and shall act in strict accordance
with procedures specified by General City Law, this chapter and its
own duly adopted rules, bylaws and forms and may perform the following
functions:
(a)
Rules of procedure, bylaws, forms. The Planning Board may adopt
rules and regulations in respect to procedure before it and in respect
to any subject matter over which it has jurisdiction after public
hearing by the Planning Board.
(b)
General reports. The Planning Board shall have full power and
authority to make such investigations, maps and reports and recommendations
in connection therewith relating to the planning and development of
the City as it deems desirable, providing the total expenditures shall
not exceed the appropriation for its expenses.
(c)
Reports on matters referred to it. The Planning Board may by
general or special rule provide an opinion or decision on any matter
referred to the Planning Board before final action thereon by the
public body or officer having final authority thereon with or without
the provision that final action thereon shall not be taken until the
Planning Board has submitted its report thereon or has had a reasonable
time, to be fixed in said rule, to submit the report.
(d)
Master plan. The Planning Board may prepare and change a comprehensive
plan for the development of the entire area of the City. The Planning
Board may advertise and hold public hearings when it desires, notice
of which hearings shall be advertised at least once in a newspaper
of general circulation in the City at least seven days before such
hearing.
A.
Purpose and intent. The purpose of this section is to provide for
the creation of a Zoning Board of Appeals with the power to issue
variances from this chapter in cases where the strict application
thereof would result in practical difficulty or unnecessary hardships
inconsistent with the general purpose and objectives of this chapter.
It is further the purpose of this section to provide a mechanism for
appeal of any decision of the enforcement officer and to provide a
mechanism for interpretation of any provision of this chapter, including
determination of the exact location of any district boundary if there
is uncertainty with respect thereto.
B.
General provisions.
(1)
Creation, appointment and organization. There is hereby established
a Zoning Board of Appeals pursuant to General City Law, which shall
consist of seven members appointed by the Mayor, each of whom is appointed
for three years. The Mayor shall designate one member as Chairperson.
A member of the Board of Appeals shall not at the same time be a member
of the Common Council. The Mayor shall have the power to remove any
member of the Zoning Board of Appeals for cause, and after public
hearing. A vacancy occurring other than by expiration of a term shall
be filled by the Mayor by appointment for the unexpired term.
(2)
The Board of Appeals is governed by and shall act on strict accordance
with procedures specified by General City Law, this chapter and its
own duly adopted rules, bylaws and forms and shall perform the following
functions:
(a)
Rules of procedure, bylaws, forms. The Zoning Board of Appeals
shall have the power to make, adopt and promulgate such written rules
of procedure, bylaws and forms as may be provided for in § 81
of the General City Law for the proper execution of its duties and
to secure the intent of this chapter. Such rules, bylaws and forms
shall not be in conflict with, or have the effect of waiving, any
provisions of this chapter or any other ordinance or laws of the City
of Glens Falls. Such rules, bylaws, forms, and any subsequent amendments
or supplements thereto, shall be submitted to the Common Council by
the Zoning Board of Appeals for approval and filing for public view.
The Common Council shall move to approve, reject or modify such rules,
bylaws and forms within 30 days after submission.
(b)
Appeals seeking interpretations. The Zoning Board of Appeals
shall hear and decide appeals from and review any order, requirement,
decision or determination made by the enforcement officer. This shall
not be construed so as to permit an appeal to the Zoning Board of
Appeals of a decision or determination made by the enforcement officer
which is based upon a determination of the Planning Board.
(c)
Appeals seeking variances. The Zoning Board of Appeals shall
have the power to vary or modify the regulations of this chapter relating
to the use, construction or alteration of buildings, structures or
the use of land. There are two types of variances.
[1]
Area variance. "Area variance" shall mean the authorization
by the Zoning Board of Appeals for the use of land in a manner which
is not allowed by the dimensional or physical requirements of the
applicable zoning regulations.
[a]
The Zoning Board of Appeals shall have the power,
upon an appeal from a decision or determination of the administrative
official charged with the enforcement of such ordinance or local law,
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:
[i]
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;
[ii]
Whether the benefit sought by the applicant can be achieved
by some method feasible for the applicant to pursue, other than an
area variance;
[iii]
Whether the requested area variance is substantial;
[iv]
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district; and
[v]
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Board of Appeals, but shall
not necessarily preclude the granting of the area variance.
[c]
The Board of Appeals, in the granting of area variances,
shall grant the minimum variance that it shall deem necessary and
adequate and at the same time preserve and protect the character of
the neighborhood and the health, safety and welfare of the community.
[2]
Use variance. "Use variance" shall mean the authorization by
the Zoning Board of Appeals for the use of land which is otherwise
not allowed or is prohibited by the applicable zoning regulations.
[a]
The Board of Appeals, on appeal from the decision
or determination of the administrative official charged with the enforcement
of such ordinance or local law, shall have the power to grant use
variances, as defined herein.
[b]
No such use variance shall be granted by a Board
of Appeals without a showing by the applicant that applicable zoning
regulations and restrictions have caused unnecessary hardship. In
order to prove such unnecessary hardship to the applicant shall demonstrate
to the board of appeals that for each and every permitted use under
the zoning regulations for the particular district where the property
is located:
[i]
The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence;
[ii]
That the alleged hardship relating to the property in question
is unique, and does not apply to a substantial portion of the district
or neighborhood;
[iii]
That the requested use variance, if granted,
will not alter the essential character of the neighborhood; and
[iv]
That the alleged hardship has not been self-created.
[c]
The Board of Appeals, in the granting of use variances, shall
grant the minimum variance that it shall deem necessary and adequate
to address the unnecessary hardship proven by the applicant, and at
the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
[d]
Conditions. The Board of Appeals shall, in the
granting of both use variances and area variances, have the authority
to impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed use of the property. Such
conditions shall be consistent with the spirit and intent of 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.
[e]
Site plan review and approval. Before commencing any land use activity pursuant to a use variance granted by the Zoning Board of Appeals, the owner of the property subject to such use variance or a person authorized in writing to act for such owner shall, after the grant of such use variance, comply with the site plan review and approval provisions of the City of Glens Falls, New York, Zoning Law, including, without limitation, § 220-27 hereof, and any use variance granted hereunder shall and is hereby conditioned upon the applicant's compliance with those provisions.
[Added 7-21-2005 by L.L. No. 6-2005]
C.
Procedures.
(1)
Meetings and voting requirements. Meetings shall be held at the call
of the Chairperson or at such other times as the Board of Appeals
may determine. A quorum shall consist of four members. In order to
reverse a decision of the enforcement officer or to authorize a variance,
an affirmative vote of at least four members shall be required. A
favorable vote of a majority plus one of all members shall be required
if the action taken by the Zoning Board of Appeals is contrary to
an advisory recommendation received from the Warren County Planning
Board under the provisions of § 239(m) of the General Municipal
Law. The Board shall keep accurate minutes of its proceedings documenting
fully all findings and, showing the vote of each member upon each
question. All meetings of the Board of Appeals shall be open to the
public.
(2)
Appeals.
(a)
An appeal to the Board of Appeals may be taken by any person
aggrieved, or by an officer, board or bureau of the City affected
thereby.
(b)
Such appeals shall be taken within 60 days after the filing
of any order, requirement, decision, interpretation or determination
of the enforcement officer by filing with said enforcement officer
and with the Zoning Board of Appeals a notice of appeal, specifying
the grounds thereof and the relief sought. The enforcement officer
shall forthwith transmit to the Board of Appeals all the papers constituting
the record upon which the action appealed from was taken. The cost
of sending or publishing any notices relating to such appeal shall
be borne by the appealing party and shall be paid to the Board of
Appeals prior to the hearing of such appeal.
(c)
All applications and appeals made to the Board of Appeals shall
be in writing on forms furnished by the enforcement officer. Every
application of appeal shall refer to the specific provision of this
chapter being appealed and shall exactly set forth the interpretation
that is claimed, in addition to the information requested on the form.
(d)
The application of appeal shall contain a reasonably accurate
description of the present improvement and the additions on changes
intended to be made under this application, indicating the size of
such proposed improvements, material and general construction thereof.
(e)
The application of appeal shall contain a plot plan of the real
property to be affected, indicating the location and size of the lot
and size of improvements thereon and proposed to be erected thereon,
and all yard dimensions and adjacent property owners.
(f)
Each application for an area or use variance shall be accompanied
by a proposed site plan at an appropriate scale showing the size and
placement of the lot, including County Tax Map reference numbers (section,
block, lot) surrounding land use, design and location of proposed
buildings, driveways, parking areas, landscaping and screening, proposed
drainage and utility systems, existing and proposed contours of the
land and any other information deemed necessary by the Zoning Board
of Appeals.
(g)
The Zoning Board of Appeals has the right to waive any of the
aforementioned application requirements which it feels are inapplicable.
(h)
Within 35 days of receipt by the Zoning Board of Appeals of
a completed application of appeal, the Zoning Board of Appeals shall
give notice by public ad in a newspaper of general circulation in
the City of a public hearing to be held on the application not less
than 10 days and not more than 31 days after the notice.
[1]
In case of an appeal alleging error or misinterpretation in
any order or other action by the enforcement officer, the following
persons shall be notified; the enforcement officer, appellant and
the person or persons, if any, who benefit from the order, requirement,
regulation or determination.
[2]
In case of an appeal for a variance, the following persons shall
be notified: all owners of property within 200 feet of the nearest
line of the property for which the variance is sought, and to such
other property owners as the Chairperson of the Board of Appeals may
direct.
[3]
Within 60 days of the final adjournment of a public hearing called and held under Subsection C(2)(g) of this section, the Zoning Board of Appeals shall render its decision. The decision of the Board shall be in writing and shall contain findings and the factual basis for each finding from the record of the hearing, which shall support the decision of the Board.
(3)
Stay of proceedings. An appeal shall stay all proceedings in furtherance
of the action appealed from unless the Zoning Administrator certifies
for the Board of Appeals, after the notice of appeal shall have been
filed, that by reason of facts stated in the certificate, stay would,
in his or her opinion, cause imminent peril to life or property, in
which case proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Board of Appeals or by the Supreme
Court on application, on notice to the Zoning Administrator and on
due cause shown.
(4)
Referral to County Planning Board.
(a)
Prior to taking action on any matter which would cause any change
in the regulations or use of land or building on real property as
specified in § 239-m of the General Municipal Law, the Zoning
Board of Appeals shall refer such mailer to the County Planning Board.
Such actions shall include those which affect property located within
500 feet of the following:
[1]
Municipal boundary;
[2]
Boundary of any existing or proposed county or state park or
other recreation area;
[3]
Right-of-way of any existing or proposed county or state road
or highway;
[4]
Existing or proposed right-of-way of any stream or drainage
channel owned by the county, or for which the county has established
channel lines; or
[5]
Existing or proposed boundary of any county- or state-owned
land on which a public building or institution is situated.
(b)
If within 30 days after such referral the County Planning Board
disapproves the proposal or recommends modification thereof, the Zoning
Board of Appeals shall not act contrary to such disapproval or recommendation
except by a majority vote plus one of all the members thereof and
after the adoption of a resolution fully setting forth the reasons
for such contrary action.
(c)
If the County Planning Board fails to report within such thirty-day
period or such longer time period as may have been agreed upon, the
Zoning Board of Appeals may act without such report.
(5)
Requests for assistance. In hearing an appeal, the Zoning Board of
Appeals shall have the authority to call upon any department, agency
or employee of the town for such assistance as shall be deemed necessary
and as shall be authorized by the Common Council. Such department,
agency or employee shall be reimbursed for any expenses incurred as
a result of such assistance.
(6)
Compliance with State Environmental Quality Review Act. The Board
of Appeals shall comply with the provisions of the State Environmental
Quality Review Act under Article 8 of the Environmental Conservation
Law and its implementing regulations as codified in Title 6, Part
617 of the New York Codes, Rules and Regulations.
(7)
Decisions. Every decision of the Zoning Board of Appeals shall be
by resolution, each of which shall contain a full record of the findings
of the Board in the particular case. Each such resolution, together
with all documents pertaining thereto, shall be filed in the Office
of the City Clerk, by case number, under one of the following headings,
interpretations or variances, within five business days after such
decision is rendered. A copy thereof shall be mailed to the applicant.
(8)
Expiration of appeal decision. Unless otherwise specified by the
Board of Appeals, a decision on any appeal shall expire if the applicant
fails to obtain any necessary building permit or comply with the conditions
of said authorized permit within six months from the date of authorization
thereof The Board of Appeals may increase this period from six months
to one year at its discretion.
(9)
Appeal from decision of Board of Appeals. All decisions of the Board
of Appeals, are subject to court review in accordance with applicable
laws of the State of New York.
D.
Required interval for hearings and applications and appeals after
denial. Whenever the Board, after hearing all the evidence presented
upon an application of appeal under the provisions of this chapter,
denies the same, the Board of Appeals shall refuse to hold further
hearings on said or substantially similar application of appeal by
the same applicant, his or her successor or assign for a period of
one year, except and unless the Board of Appeals shall find and determine
from the information supplied by the request for a rehearing that
changed conditions have occurred relating to the promotion of the
public health, safety, convenience, comfort, prosperity and general
welfare, and that a reconsideration is justified. Such rehearing would
be allowable only upon a motion initiated by a member of the Board
of Appeals and adopted by the unanimous vote of the members present.
E.
Relief from decisions. Any person or persons jointly or severally
aggrieved by any decision of the Board of Appeals may apply to the
Supreme Court of the State of New York for relief through a proceeding
under Article 78 of the Civil Practice Laws and Regulations of the
State of New York. Such proceeding shall be governed by the specific
provisions of Article 78, except that the action must be initiated
as therein provided within 30 days after the date of approval of the
minutes of the meeting in which the action was taken.
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.
