In general, the rules and regulations which
guide the Town's planning and zoning processes are determined by New
York State Town Law, and in some instances, General Municipal Law,
Environmental Conservation Law, Real Property Law, Education Law,
and others. This article does not attempt to reproduce the pertinent
statutes, or even reference the statutes to any great degree. Rather,
an attempt is made to highlight those provisions that govern day-to-day
zoning administration, and to relate these provisions to the Town's
review procedures.
There are a number of boards and commissions
as well as Town departments involved in the administration of this
chapter. What follows is a brief description of each of these boards/commissions
and departments, and their roles:
A. Boards/Commissions.
(1) Town Board. The Town Board is the Town's legislative
body. As such, it is the only Town entity with authority to create,
amend, and repeal this chapter or portions thereof. The Town Board
makes a final determination on all proposed Zoning Map and text amendments,
whether the proposed amendments are introduced by landowners, developers,
Town staff, other Town commissions, or initiated by the Town Board
itself. The Town Board also delegates various powers to the Zoning
Board of Appeals, Planning and Zoning Commission, Building Department,
and Economic Development and Planning Department. The Town Board consists
of the Town Supervisor and four councilmen, all of whom are elected.
The Supervisor's and Councilmen's terms are four years.
[Amended 10-1-2014 by L.L. No. 7-2014]
(2) Glenville Environmental Conservation Commission (GECC).
The GECC is an advisory body that among other things, has a role in
the review of any and all planning/zoning applications that qualify
as a Type I SEQR action. The GECC's role in the review of the Type
SEQR action is to determine if the application may result in a significant
adverse environmental impact. In doing so, the GECC is to be guided
by the State Environmental Quality Review Act (SEQRA). Depending on
the type of application, the GECC's recommendation will be directed
to the Planning and Zoning Commission, Zoning Board of Appeals, or
Town Board. The GECC consists of seven members, all of whom are appointed
to one-year terms by the Town Board.
[Amended 10-1-2014 by L.L. No. 7-2014]
(3) Planning and Zoning Commission (PZC). The Planning
and Zoning Commission has broad responsibilities, and in many respects
is the most influential board/commission regarding land development.
The PZC has oversight over the preparation, upkeep, and administration
of the Town of Glenville Comprehensive Plan. It also is authorized
to approve, approve with modifications, or disapprove all site plan
review and subdivision applications. The PZC is also charged with
making recommendations to the Town Board and to the Zoning Board of
Appeals on Zoning Map and text amendment applications, and conditional
use permit and use variance applications. The PZC consists of seven
members, each serving a seven-year term. Every year one member's term
expires. The Town Board is responsible for appointments to the PZC.
(4) Zoning Board of Appeals (ZBA).
(a)
The ZBA is a quasi-judicial body in that it
entertains various appeals on zoning matters. Four of the appellate
responsibilities of the ZBA include area variance applications, use
variance applications, sign variance applications, and interpretations.
All four of these applications are triggered by the denial of a building
permit or certificate of occupancy on the part of the Town Building
Inspector, Deputy Building Inspector, or Code Enforcement Officer.
(b)
The ZBA also has responsibility over conditional use permit applications, which is not appellate jurisdiction, but rather original jurisdiction. The conditional use permit review process is detailed in Article
XVII of this chapter.
(c)
There are five members on the ZBA, all of whom
are appointed by the Town Board. They serve five-year terms, with
one member's term expiring at the end of every year.
B. Town departments.
(1) Building Department. The Building Inspector and Code
Enforcement Officer of the Building Department are the Town's designated
zoning enforcement officers regarding the administration of this chapter.
They are charged with administering all provisions of this chapter,
including inspections, investigations of complaints, and all enforcement
actions. The Building Department also issues all building permits
and certificates of occupancy. Denials of such may be taken up on
appeal to the Zoning Board of Appeals. Building Department staff is
responsible for the initial review of area variance applications to
ensure that these applications are complete and suitable for review
by the ZBA. The Building Department provides technical assistance
to the ZBA, PZC, and Town Board.
[Amended 10-1-2014 by L.L. No. 7-2014]
(2) Economic Development and Planning Department. The
Economic Development and Planning Department is responsible for the
initial in-house review of all planning and zoning applications (except
area variances) to ensure that these applications are complete and
suitable for review by the various Town commissions and boards. The
Economic Development and Planning Department serves as principal staff
to the GECC and the PZC, and the department also provides guidance
to the Town Board on zoning map and text amendments. The Economic
Development and Planning Department is principally responsible for
preparing and amending various land use documents such as this chapter,
the Comprehensive Plan, and Subdivision Regulations. Staff of the Economic Development and Planning Department
is also responsible for determining the minimum and maximum number
of parking spaces required for any land use not specified in Schedule
A of this chapter. Before any development project requiring site plan approval, a conditional use permit, or a use variance for new construction receives a certificate of occupancy, a member of the Economic Development and Planning Department shall inspect the construction site for compliance with the approved site and landscaping conditions, including external building features as required by Article
XVIII.
[Amended 10-1-2014 by L.L. No. 7-2014]
(3) Public Works Department. The Public Works Department
consists of staff of the Highway, Engineering, and Water and Sewer
Departments. Public Works Department staff is responsible for the
oversight of septic system installation, the public water distribution
system, public sewer system, stormwater management facilities and
systems, and road design. It is also responsible for Town road maintenance
and for oversight of new road construction. Public Works Department
staff provides input to the PZC and Town Board on any planning/zoning
applications involving new Town roads, water or sewer infrastructure,
and drainage systems.
There are a number of different kinds of planning
and zoning applications, some of which are detailed in other articles
of this chapter. These applications are as follows:
A. Area variance.
(1) An area variance is a mechanism that allows a landowner
to build on his or her property in a way that is otherwise prohibited
by this chapter. Typically, an area variance is sought by an individual
or corporation wishing to waive one or more dimensional standards
such as minimum front, rear, and side yard setbacks, maximum site
coverage, minimum lot width, minimum or maximum parking spaces, etc.
(2) Due to the peculiarities of a particular parcel (i.e.,
rock outcrops, odd-shaped parcel, excessively steep slopes, etc.),
there may be instances when it simply is not possible or practical
to build on a parcel without violating certain dimensional zoning
regulations. Following denial of a building permit by the Building
Department, an individual or corporation may appeal to the ZBA and
seek administrative relief via an area variance.
(3) The ZBA is required to hold a public hearing prior
to acting on an area variance application.
(4) In evaluating an area variance application, the ZBA
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 a determination, the ZBA shall apply the following
criteria or tests:
(a)
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;
(b)
Whether the benefit sought by the applicant
can be achieved by some method, feasible for the applicant to pursue,
other than an area variance;
(c)
Whether the requested area variance is substantial;
(d)
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district; and
(e)
Whether the alleged difficulty was self-created,
which consideration shall be relevant to the decision of the ZBA,
but shall not necessarily preclude the granting of the area variance.
(5) The ZBA, in the granting of area variances, shall
grant the minimum variance that it deems necessary and adequate while
at the same time preserve and protect the character of the neighborhood
and the health, safety, and welfare of the community.
(6) The ZBA may also impose reasonable conditions and
restrictions on the area variance 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 that the area variance
may have on the neighborhood or community.
B. Use variance.
(1) A use variance is a mechanism that allows for the
establishment of a land use that is not permitted within a particular
zoning district. For example, if an individual would like to open
a restaurant in a residential zoning district that prohibits restaurants,
the use variance would provide a means of relief, if warranted.
(2) While the establishment of a prohibited land use within
a particular zoning district could have a significant adverse impact
on the neighborhood, there may be instances where a property owner
is subjected to unnecessary hardship as a result of zoning restrictions
placed on his/her property. Following denial of a building permit
by the Building Inspector or Code Enforcement Officer, an individual
or corporation may appeal to the ZBA and seek administrative relief
via a use variance.
[Amended 10-1-2014 by L.L. No. 7-2014]
(3) The ZBA is required to hold a public hearing prior
to acting on a use variance application.
(4) In order to prove unnecessary hardship, the applicant
shall demonstrate to the ZBA that for each and every permitted use
under the zoning regulations for the particular district where the
property is located:
(a)
The applicant cannot realize a reasonable return,
provided that lack of return is demonstrated by competent financial
evidence;
(b)
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;
(c)
That the requested use variance, if granted,
will not alter the essential character of the neighborhood; and
(d)
That the alleged hardship has not been self-created.
(5) The ZBA, in granting use variances, shall grant the
minimum variance that it deems 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.
(6) The ZBA may also impose reasonable conditions and
restrictions on the use variance 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 that the use variance
may have on the neighborhood or community.
(7) The ZBA may also be guided by the recommendations of the Planning and Zoning Commission when considering site design elements and conditions/restrictions. The PZC will review elements of the use variance proposal that are typically evaluated as part of site plan review, as listed in Article
XVI, §
270-107, of this chapter. The PZC will conduct its review and forward its comments and recommendations to the ZBA. In its report to the ZBA, the PZC will recommend approval, approval with conditions, or disapproval of the use variance. If the PZC recommends approval with conditions, or disapproval, the PZC is to detail its findings in written form to the ZBA.
C. Sign variance.
(1) A sign variance is a mechanism that allows an individual or corporation to erect a sign on its property in a way that is otherwise prohibited by the sign regulations of this chapter (Article
IX). Typically, a sign variance is sought by an individual or corporation wishing to waive one or more dimensional standards or general requirements such as size and height limitations, placement in reference to the building and/or street, type of sign allowed in a particular zoning district, etc.
(2) Due to the encompassing nature of the sign regulations,
there may be instances when the requirements of the sign regulations
would unfairly restrict the economic practices of a particular business
or advertiser, thus resulting in a hardship or practical difficulty.
Following denial of a building/sign permit by the Building Department,
an individual or corporation may appeal to the ZBA and seek administrative
relief via a sign variance.
(3) The ZBA is required to hold a public hearing prior
to acting on a sign variance application.
(4) In evaluating a sign variance application, the ZBA
shall take into consideration the benefit to the applicant if the
sign variance is granted, as weighed against any resulting detriment
to the health, safety, and welfare of the neighborhood or community
by such grant. In doing so, the ZBA shall consider the following:
(a)
The particular hardship or difficulty to the
petitioner if the variance request is denied.
(b)
The magnitude of the variance being sought.
(c)
The visual impacts to the immediate neighborhood
if the variance is granted.
(d)
If the hardship or difficulty has been self-created.
(5) The ZBA, in granting sign variances, shall grant the
minimum variance that it deems necessary and adequate to address the
hardship or difficulty 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.
(6) The ZBA may also impose reasonable conditions and
restrictions on the sign variance. 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 that the sign variance
may have on the neighborhood or community.
D. Interpretation.
(1) Another type of appellate application, an interpretation
allows a landowner or applicant to contest any decision or interpretation
of the Building Inspector or Code Enforcement Officer regarding the
regulations and requirements of this chapter. Following the denial
of a building permit application or certificate of occupancy in which
an individual or corporation disputes the Building Inspector's or
Code Enforcement Officer's reading or interpretation of any provisions
of this chapter, the individual or corporation can appeal said decision
or interpretation in writing to the ZBA.
[Amended 10-1-2014 by L.L. No. 7-2014]
(2) The ZBA is required to hold a public hearing prior
to acting on any appeal involving an interpretation.
E. Conditional use permit. Conditional use permit applications also fall under the jurisdiction of the Zoning Board of Appeals. The conditional use permit review process is not appellate in nature, but rather original. It involves the review of specific types of land uses than can prove problematic in certain circumstances and/or in particular locations. See Article
XVII of this chapter for details on this type of application.
F. Site plan review. Site plan review applications fall under the purview of the Planning and Zoning Commission. See Article
XVI of this chapter for details on this type of application.
G. Subdivision (minor and major). The review of subdivision applications is the responsibility of the Planning and Zoning Commission. These applications involve the division of land into two or more building lots. Subdivisions of two, three, or four lots are considered minor, while major subdivisions involve the division of land into five or more lots. The regulations concerning the subdivision of land are considerable, and are found in Chapter
242, Subdivision of Land.
H. Zoning map and zoning text amendments. Often referred to as "zoning changes," zoning map and text amendments necessitate local legislative approval, and consequently can only be acted upon by the Town Board. These could be very minor in nature such as the rewording of a sentence in this chapter, or significant such as the rezoning of a large tract of land for a particular development. Zoning map and text amendments can be brought before the Town Board by individuals or corporations, or they can be initiated by Town staff, Town commissions, or the Town Board itself. The requirements and procedures associated with zoning text and map amendments are detailed in §
270-152 of this article.
[Amended 4-5-2006 by L.L. No. 3-2006; 10-1-2014 by L.L. No.
7-2014]
A. Purpose. The purpose of the certificate of occupancy
is to give the Building Inspector and Code Enforcement Officer the
mechanism by which they can verify that the provisions of this chapter
have been met, that the plans, drawings, and specifications submitted
with the building permit have been complied with, and that the requirements
of the New York State Uniform Fire Prevention and Building Code have
been met.
B. Requirements for issuance. No person shall use or
permit the use of any building, structure, or premises, or any part
of them hereafter erected, relocated, altered, repaired, converted,
or extended, until a certificate of occupancy has been issued by the
Building Inspector or Code Enforcement Officer.
C. Temporary certificate of occupancy. A temporary certificate
of occupancy may be issued for a portion of a building, provided the
portion of the building to be occupied meets all the requirements
of this chapter and the New York State Uniform Fire Prevention and
Building Code. Temporary certificates of occupancy expire 60 days
following issuance. The temporary certificate of occupancy may be
extended, provided work continues to progress on the remaining portion
of the building not occupied. Such temporary certificate may be renewed
at the discretion of the Building Inspector or Code Enforcement Officer,
for similar periods, but shall not extend, together with such renewals,
beyond nine months from the date of the original issuance.
D. Inspection. Prior to the issuance of a certificate
of occupancy or temporary certificate of occupancy, the Building Inspector
or Code Enforcement Officer shall inspect the building or premises
to be occupied to ensure compliance with this chapter and with the
New York State Uniform Fire Prevention and Building Code. In addition,
before any development project requiring site plan approval, a conditional
use permit, or a use variance for new construction receives a certificate
of occupancy, a member of the Economic Development and Planning Department
shall perform a site inspection for compliance with the approved site
and landscaping conditions, including external building features which
were included as part of the development plan.
E. Revocation of certificate of occupancy. A certificate
of occupancy shall continue in effect as long as the applicable facility
and its use are in compliance with the provisions of this chapter.
If a violation of this chapter is discovered in relation to the facility,
the Building Inspector or Code Enforcement Officer shall revoke the
certificate of occupancy, at which time the tenant will be directed
to shut down operations and/or vacate the premises until such violation
is remedied.
F. Appeals. Any person allegedly aggrieved as a result of an action or inaction on the part of the Building Inspector or Code Enforcement Officer regarding a certificate of occupancy may appeal to the Zoning Board of Appeals, as provided in §
270-147D of this article.
A motion for the ZBA to hold a rehearing to
review any decision, order, or determination of the ZBA not previously
reheard may be made by any member of the ZBA. An unanimous vote of
all members of the ZBA then present, provided a quorum is present,
is required for such rehearing to occur. Such rehearing is subject
to the same notice provisions as the original hearing. Upon such rehearing,
the ZBA may reverse, modify, or annul its original decision, order,
or determination upon the unanimous vote of all the members then present,
provided a quorum is present, provided the ZBA finds the rights vested
in persons acting in good faith in reliance upon the reheard decision,
order, or determination will not be prejudiced thereby.
[Amended 10-1-2014 by L.L. No. 7-2014]
A. Types of applications requiring referral and locational
triggers. In accordance with §§ 239-l, 239-m, and 239-n
of the General Municipal Law of New York State, any application for
site plan review, subdivision, conditional use permit, use variance,
area variance, sign variance, or the adoption or amendment of any
zoning ordinance or map must be referred to the Schenectady County
Economic Development and Planning Department, if it involves real
property located within 500 feet of the following:
(1) The boundary of any city, village, or town; or
(2) The boundary of any existing or proposed county or
state park or other recreation area; or
(3) The right-of-way of any existing or proposed county
or state parkway, thruway, expressway, road, or highway; or
(4) The 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) The existing or proposed boundary of any county- or
state-owned land on which a public building or institution is situated;
or
(6) The boundary of a farm operation located in an agricultural
district, as defined by Article 25AA of the Agriculture and Markets
Law, except this provision does not apply to area variance applications.
B. Time allotted for county review. The Schenectady County
Economic Development and Planning Department is obligated to respond
in writing to the zoning referral within 30 days receipt of said referral.
If the county fails to respond within the thirty-day time frame, the
appropriate Town review board/commission is free to render a decision
on the application.
C. Voting requirements upon receipt of county report.
Should the Schenectady County Economic Development and Planning Department
recommend modifications to or denial of the planning/zoning application,
the appropriate Town commission or board may only approve such application
by a majority-plus-one vote of the entire board/commission membership.