The Building and Zoning Administrator shall administer and enforce
all provisions of this chapter except where specified otherwise. The
Building and Zoning Administrator shall be assisted by such officers
and employees as may be determined by the Common Council.
A.
Powers and duties. In addition to any other authority conferred by
law and within this chapter, the Building and Zoning Administrator
shall have the following powers and duties:
(1)
Issuance of building permits. No building or structure shall be erected,
altered, reconstructed or enlarged until the Building and Zoning Administrator
has issued a building permit stating that the proposed use and structure
comply fully with all applicable provisions of this chapter. In addition,
no building permit shall be issued for any building where site plan
of such building is subject to approval by the Planning Commission
unless and until such approval has been duly granted by the Planning
Commission.
(2)
Issuance of certificates of occupancy. No use shall be established
or land or structure occupied, nor shall any existing use of land
be changed until the Building and Zoning Administrator has issued
a certificate of occupancy stating that the use, land and structure
comply with all applicable provisions of this chapter. More particularly,
no certificate of occupancy shall be issued for any special use of
a building of land requiring special permit approval by the Planning
Commission unless and until such special permit or site plan approval
has been granted by the Planning Commission. Every certificate of
occupancy for which special permit or site plan approval has been
granted, or in connection with which a variance has been granted by
the Board of Appeals, shall contain a detailed statement of any condition
to which the same is subject, and shall include, by attachment, a
copy of such Board of Appeals decision.
(3)
Issuance of notices of violation. Whenever, in the opinion of the Building and Zoning Administrator, 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 shall serve a written notice upon the appropriate person responsible for such alleged violation. Such notices shall be served in accordance with the requirements of § 179-86 herein.
(4)
Issuance of stop-work orders. Whenever the Building and Zoning Administrator
has reasonable grounds to believe that work on any building, structure
or any use of land is occurring in violation of the provisions of
this chapter, not in conformity with any application made, permit
granted or other approval issued, or in an unsafe or dangerous manner,
the Building and Zoning Administrator shall promptly notify the appropriate
person responsible to suspend the work on any such building or structure
or the use of any such land. Such persons shall forthwith suspend
such activity until the stop-work order has been rescinded. Such order
and notice shall be in writing, shall state the conditions under which
the work or use may be resumed, and shall be served upon the persons
to whom it is directed.
(5)
Emergency action. If, in the opinion of the Building and Zoning Administrator,
a violation exists which requires immediate action to avoid a direct
hazard or imminent danger to the health, safety, morals or welfare
of occupants of a building or to other persons, the Building and Zoning
Administrator may direct such violation immediately remedied or may
take direct action on his own initiative to abate the hazard or danger.
Any costs incurred by such action shall be paid for by the owner,
occupant or person responsible for the violation. The Building and
Zoning Administrator shall keep on file an affidavit stating with
fairness and accuracy the items of expense and date of execution of
action taken, and is furthermore authorized to institute a suit, if
necessary, against the person liable for such expenses, or place a
lien against property, in order to recover said costs.
A.
A Zoning Board of Appeals is hereby created In accordance with § 81 of the General City Law. Said Board shall consist of five members and two alternates, appointed by the Mayor for a term of five years each, staggered, and subject to removal for cause after public hearing. The Mayor shall designate the Chairperson of the Board of Appeals, while the Board of Appeals shall designate its Secretary and shall prescribe reasonable rules for the conduct of its affairs.
[Amended 4-20-2023 by L.L. No. 2-2023]
B.
Powers and duties. The Board of Appeals shall have all the powers
and duties prescribed by law and this chapter, which are specified
below:
(1)
Interpretation. On appeal from an order, requirement, decision or
determination made by an administrative official, or on request by
an official, board or agency of the City, to decide any of the following
questions:
(2)
Use variances.
(a)
The Zoning Board of Appeals, on appeal from the decision or
determination of the Code Enforcement Officer, 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 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:
[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 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.
(3)
Area variances.
(a)
The Board of Appeals shall have the power, upon an appeal from
a decision or determination of the Code Enforcement Officer, 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 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.
(4)
Imposition of 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 this chapter and
shall be imposed for the purpose of minimizing any adverse impact
such variance may have on the neighborhood or community.
C.
Procedure. The Zoning Board of Appeals shall act in strict accordance
with the procedure specified by law and this chapter.
(1)
Meetings. Meetings shall be held at the call of the Chairman or at
such other times as the Board of Appeals may determine. A quorum shall
consist of four members, but in order to reverse a decision of the
enforcement official or authorize a variance, an affirmative vote
of at least four members shall be required. The Board shall keep minutes
of its proceedings showing the vote of each member upon each question,
and shall keep records of its examinations and other official actions.
[Amended 4-20-2023 by L.L. No. 2-2023]
(2)
Application and fee. All appeals and applications made to the Board
shall be in writing, on forms prescribed by the Board, and shall be
accompanied by a fee of $40. Every appeal or application shall refer
to the specific provisions of this chapter that is involved and shall
precisely set forth either the interpretation that is claimed or the
details of the variance that is applied for and the grounds on which
it is claimed that such variance should be granted.
(3)
Public notice and hearing. The Board shall fix a time and place for
a public hearing on any such appeal or application, and shall provide
notice as follows:
(a)
By publishing at least 10 calendar days prior to the date thereof
a notice in the official newspaper of the City.
(b)
By requiring the Director of Planning and Development to give
notice at least five days prior to the date thereof the substance
of every appeal for a variance together with a notice of hearing thereon
by mailing such to the owners of all property abutting that held by
the applicant and all other owners within 500 feet, or such additional
distances as the Board of Appeals may deem advisable, from the boundaries
of the land involved in such appeal. Compliance with this notification
procedure shall be certified to by the Director of Planning and Development.
[1]
The names of owners notified shall be taken as such appear on
the last completed tax roll of the City.
[2]
Provided that there shall have been substantial compliance with
these provisions, the failure to give notice in exact conformance
herewith shall not be deemed to invalidate action taken by the Board
of Appeals in connection with granting or denying of an appeal for
a variance.
(c)
By requiring the Secretary of the Board of Appeals to transmit
to the Secretary of the Planning Commission a copy of the notice of
such hearing at least 20 calendar days prior to the date thereof.
The Board of Appeals shall request that the Planning Commission submit
to the Board of Appeals an advisory opinion prior to the date of such
hearing. Upon failure of the Planning Commission to submit such report,
the Board of Appeals may act in absence of an advisory option from
said Commission.
(d)
If the land involved in the appeal lies within 500 feet of the
boundary of any other municipality, the Secretary of the Board of
Appeals shall also submit at least 10 calendar days prior to the public
hearing to the municipal clerk of such other municipality or municipalities
a copy of the notice of such public hearing.
(4)
Required referral. A full statement of any appeal that meets the
referral requirements of § 239(1) and (m) of the General
Municipal Law shall also be referred to the Rensselaer County Bureau
of Planning for its review. No action shall be taken by the Board
of Appeals on such appeal until an advisory recommendation has been
received from the Bureau of Planning or 30 calendar days have elapsed
since the Bureau received such full statement.
(5)
Decisions. Every decision of the Board of Appeals shall be recorded
in accordance with standard forms adopted by the Board and shall fully
set forth the circumstances of the case and shall contain a full record
of the findings on which the decision is based. Every decision shall
be by resolution of the Board, with each such decision being filed
in the Office of the City Clerk within 10 calendar days thereof. The
Board shall notify the Building and Zoning Administrator, the Secretary
of the Planning Commission, and the Municipal Clerk of any affected
municipality given notice of hearing of its decision in each case.
(6)
Attachment of conditions. In all cases where the Board of Appeals
grants a variance from the strict application of the requirements
of this chapter, it shall be the duty of such Board to attach conditions
and safeguards as may be required in order that the result of its
action shall be as nearly as possible in accordance with the spirit
and intent of this chapter.
(7)
Expiration of approval. Unless construction or use is commenced and
diligently pursued within six months of the date of the granting of
a variance, such variance shall become null and void.
(8)
Strict construction. All the provisions of this chapter relating
to the Board of Appeals shall be strictly construed; the Board, as
a body of limited jurisdiction, shall act in full conformity with
all provisions of law and of this chapter and in strict compliance
with all limitations contained therein; provided, however, that if
the procedural requirements set forth in this chapter have been substantially
observed no applicant or appellant shall be deprived of the right
of application or appeal.
A.
Notice of violations. Whenever in the opinion of the Building and
Zoning Administrator, 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 shall serve
a written notice of violation upon the owner or occupant of the premises.
Such notice of violation shall inform the recipient of:
B.
Extension. The Building and Zoning Administrator may extend the date
of compliance in a notice of violation after written application,
if in his opinion there is reasonable evidence of intent to comply
and that reasonable conditions exist which prevent compliance by the
specified date.
C.
Request for hearing. Any person served with a notice of violation in accordance with Subsection A and who denies the violation or is allegedly aggrieved by the required action necessary for compliance may within 10 days after service of notice make a request in writing for a hearing before the Building and Zoning Administrator stating the reasons why such a hearing is requested.
D.
Abeyance. Compliance with a notice of violation shall not be required
while a hearing is pending.
E.
Hearing. The Building and Zoning Administrator shall acknowledge
receipt in writing and set a time and place for such hearing, not
later than 30 days after date request was received. Hearings may be
postponed beyond 30 days by the City Engineer for just cause, and
notice of postponement shall be served. The person requesting the
hearing shall be required to show cause or give evidence why he should
not be required to remedy the violation or why he is unable to comply
with the remedial action outlined in the notice of violation.
F.
Findings. After consideration of all testimony given at the hearing held in accordance with Subsection E of this section, the Building and Zoning Administrator shall sustain, withdraw or modify the notice of violation as originally served. If such notice is sustained or modified, the Building and Zoning Administrator shall set a new compliance date by which the violation shall be remedied or removed in accordance with the original notice of violation or modified remedial action specified at the hearing.
G.
Certificate of zoning compliance. On reinspection following the expiration
of the date of compliance as specified in the notice of violation,
if the violation has been remedied or removed in accordance with the
specified remedial action and there is no longer a violation of any
provision of this chapter, then a certificate of zoning compliance
shall be issued by the Building and Zoning Administrator.
H.
Legal action by the City for noncompliance. On reinspection following the expiration of the date of compliance, as specified in the notice of violation or as extended in accordance with Subsection B of this section, if the remedial action specified has not been carried out and there is still in existence, in the opinion of the Building and Zoning Administrator, a violation of provisions of this chapter, then the Building and Zoning Administrator shall immediately refer the matter to the City Attorney who shall thereupon institute appropriate legal action to restrain, prevent, enjoin, abate, remedy or remove such violation and to take whatever other legal action is necessary to compel compliance with this chapter.
I.
Failure to apply for building permit or certificate of occupancy.
Any owner, tenant, or occupant of any building or land who commits,
participates in, assists, directs, creates or maintains any situation
that is in violation of the terms and provisions of this chapter may
be issued a citation by the Building and Zoning Administrator.
A.
Penalties.
(1)
Each day a zoning violation remains uncorrected constitutes a distinct
and separate zoning violation subject to additional citation and fine
in the amount outlined as follows:
|
Citation
|
Penalty
| |
|---|---|---|
|
First citation
|
Monetary fine no less than $50
| |
|
Second citation
|
Minimum $100 per day
| |
|
Third citation
|
Minimum $200 per day
| |
|
Each additional citation
|
Not to exceed $300 increase in the previously assessed fine.
Maximum monetary fine for each citation not to exceed $2,500
|
(2)
Provisions of this chapter may be enforced through equitable remedies
issued by the Building and Zoning Administrator or a court of competent
jurisdiction.
B.
Remedies. Appropriate actions and proceedings may be taken by law
or in equity to prevent any violation of this chapter, to prevent
unlawful construction, to recover damages, to restrain, correct or
abate a violation and to prevent illegal occupancy of a building,
structure or premises. Other administrative remedies may include:
(1)
Cease and desist orders. The Building and Zoning Administrator shall
have the authority to issue cease and desist orders in the form of
written official notices given to the owner of the subject building,
property, or premises, or to his agent, lessee, tenant, contractor,
or to any person using the land, building, or premises where such
violation has been committed or shall exist.
(2)
Permit issuance. No building permit or special use permit shall be
issued by the City for any purpose except in compliance with the provisions
of this chapter and other applicable chapters and laws.
(3)
Permit revocation. The City may revoke a building permit or special
use permit in those cases where determination has been duly made that
false statements or misrepresentations existed as to material fact
in the application or plans upon which the permit or certificate was
based.
(4)
Permit suspension. The City may suspend a building permit or special
use permit in those cases where determination has been duly made that
an error or omission on either the part of the permit, applicant or
government agency existed in the issuance of the permit or certificate
approval. A new permit or certificate may be issued in place of the
suspended permit or certificate after correction of the error or omission.
(5)
Notice and appeal. All City decisions concerning the issuance, revocation,
or suspension of a building or special use permit as well as decisions
pertaining to administrative interpretations of the chapter shall
be stated in official written notice to the permit applicant. Any
decision may be appealed to the Zoning Board of Appeals.
A.
Authority. The Common Council may from time to time on its own motion
or on petition, after public notice and hearing, amend, supplement,
repeal or change the regulations and districts established under this
chapter.
B.
Referral to Planning Commission. Every proposed amendment or change initiated by the Common Council or by petition shall be referred to the City of Rensselaer Planning Commission for report thereon before the public hearing required by law. In recommending the adoption of any such proposed amendment, the Planning Commission may state its reasons for such recommendation, describing any conditions that it believes make the amendment advisable, and specifically setting forth the manner in which, in its opinion, the amendment would be in harmony with the Comprehensive Plan of Land Use for the City, and be in furtherance of the purposes set forth in § 179-2 of this chapter. In recommending the rejection or revision of any proposed amendment or change, the Planning Commission may similarly state its reasons. Failure on the part of the Commission to report its recommendations with respect to any proposed amendment or change to the Common Council within 45 days after the date of referral shall be deemed to be approval thereof, unless such proceedings have theretofore been terminated.
C.
Referral to County Planning Commission. The City Clerk shall promptly
transmit to the Rensselaer County Planning Commission any matters
required to be referred pursuant to the provisions of § 239-l
and § 239-m of the General Municipal Law. The City Clerk
shall consult with the Building and Zoning Administrator in determining
whether any such matter is legally required to be so transmitted.
[Amended 10-21-2020 by L.L. No. 9-2020]
A.
When an area variance is granted by the Zoning Board of Appeals,
which enables an applicant to do construction which requires a building
permit, or a use variance is granted by the Zoning Board of Appeals
and construction which requires a building permit is necessary for
conversion to the use for which the variance is granted, and the applicant
has not obtained a building permit to construct the building or part
thereof for which the variance has been granted and initiated the
construction work within one year from the date of the granting of
the variance, said variance shall become void.
B.
When an area variance is granted by the Zoning Board of Appeals,
which enables an applicant to do construction which requires a building
permit, or a use variance is granted by the Zoning Board of Appeals
and construction which requires a building permit is necessary for
conversion to the use for which the variance is granted and a building
permit to construct the building or part thereof for which the variance
has been granted has been obtained, and the construction has not been
substantially completed prior to the expiration of the building permit,
said variance shall become void.
