A.
This chapter shall be enforced by the Zoning Enforcement
Officer who shall be appointed by the Town Board and who shall have
the power to make inspections necessary to carry out his duties in
the enforcement of this chapter.
B.
Duties and powers of the Zoning Enforcement Officer.
(1)
It shall be the duty of the Zoning Enforcement Officer
to keep a written record of all applications for zoning and building
permits and a written record of all permits issued with a notation
of all the special conditions involved. He shall file and safely keep
copies of all plans submitted and the same shall form a part of the
records of his office and shall be available for the use of the Town
Board, Town Planning Board, the Zoning Board of Appeals, other officials
and the general public.
(2)
The Zoning Enforcement Officer shall not approve an
application or issue a zoning and building permit or certificate of
occupancy for any purpose, except in compliance with the provisions
of this chapter and such other ordinances, rules and regulations of
the Town, together with any applicable laws, rules and regulations
of the County of Schenectady and the State of New York. The Zoning
Enforcement Officer shall not waive any provisions of this chapter
or any other ordinance, law, rule or regulation.
B.
Requirements for permit.
(1)
No building or structure shall be begun, extended,
structurally altered or moved, nor shall any excavation be commenced,
nor shall the use of an existing facility or land be changed until
a zoning and building permit is issued by the Zoning Enforcement Officer.
(2)
The Zoning Enforcement Officer shall in no case, except
under a written order of the Zoning Board of Appeals, grant any zoning
and building permit where the proposed changes and use would be in
violation of the terms and provisions of this chapter.
C.
Application for permit.
(1)
Any application for a zoning and building permit shall
be made in quadruplicate on standard forms provided by the Zoning
Enforcement Officer, and such application shall state the use and
occupancy proposed.
(2)
This application shall be accompanied by plans to
be drawn to scale, showing:
(a)
The actual shape and dimensions of the lot to
be built upon.
(b)
The definite location of the lot in relation
to official and unofficial streets.
(c)
The exact size and location of all structures
existing, to remain or to be altered.
(d)
The nature of any proposed alteration, extension,
removal, demolition or structural change.
(e)
Any proposed excavation or grading, including
that in connection with any structure.
(f)
The existing and intended use of each structure
or portion of any structure or land.
(g)
The number of families and/or persons the structure
is designed to accommodate.
(h)
The estimated cost of any structure or improvement.
(3)
Where plans are for other than a single-family lot,
they shall include a reduction of the outline of the property, its
principal structures and the relationship to official streets at a
scale of one inch equals 800 feet. The number of copies of plans will
normally be two, but additional copies may be required. Depending
upon the type of application, the Zoning Enforcement Officer shall
determine the number of additional copies which are reasonable and
appropriate.
D.
Approval by other departments. No permit shall be
issued under this chapter unless proof of compliance to sanitary and
health regulations, fire regulations and any other local, state or
federal regulations insofar as they apply shall have been obtained
in writing and submitted along with the application for this permit.
E.
Fees for permit.
(1)
The fee for the zoning and building permit shall be
established by the Town Board. Said fee shall accompany the application
for a zoning and building permit unless it is the determination of
the Zoning Enforcement Officer that appeal to the Zoning Board of
Appeals and/or application for subdivision, site plan or special use
permit is required prior to action on the application for a zoning
and building permit. In such cases, the zoning and building permit
fee shall be paid at such time as favorable action on these applications
has been taken. The fee is to be paid to the Town of Niskayuna.
[Amended 6-7-1994 by L.L. No. 5-1994]
(2)
In the event that an application for a zoning and
building permit is not approved, the applicant shall be entitled to
a refund of 50% of the fee paid, provided that no construction has
been commenced.
F.
Action on application by the Zoning Enforcement Officer.
The Zoning Enforcement Officer shall, within 14 calendar days of receipt
of an application for a zoning and building permit, and all information
as required to carry out the provisions of this chapter, take one
of the following four alternate courses:
(1)
Issue permit. He shall issue a permit for the requested activity if the proposed change in use, construction, alteration, moving or excavation as set forth in the application is in conformity with the provisions of this chapter and other ordinances of the Town then in force; or upon written order of the Zoning Board of Appeals in accordance with the procedure of § 220-69 of this chapter. Such permit shall be delivered by mail or in person.
(2)
Deny permit. He shall not issue a zoning and building permit for the application if any requirement of this chapter is not met. He shall state such refusal in writing, giving the reason for refusal. He shall, in such refusal, state the applicant's right to appeal the decision to the Zoning Board of Appeals, stating the time within which and where such appeal shall be filed according to § 220-69 of this chapter and the general rules of the Zoning Board of Appeals, except in denials as a result of disapproval of final site plan by the Planning Board where appeals are precluded by § 220-69E. Such refusal shall be delivered by certified mail or in person.
(3)
Require site plan approval.
(a)
Preliminary site plan. If the Zoning Enforcement Officer determines that site plan approval by the Planning Board is required according to § 220-41 of this chapter, he shall submit one copy of the application and all related materials to the Planning Board for preliminary site plan approval in accordance with § 220-46 of this chapter.
[Amended 7-19-1994 by L.L. No. 7-1994]
(b)
Final site plan.
[1]
Upon receipt of the final site plan from the applicant, the Zoning Enforcement Officer shall submit the same to the Planning Board within three working days for its review as provided in § 220-47 of this chapter.
(4)
Require special use permit. If the Zoning Enforcement Officer determines that a special use permit by the Town Board shall be required according to the provisions of Articles IX and X of this chapter, he shall submit three copies of the application for a zoning and building permit and all related materials to the Town Board. The Zoning Enforcement Officer shall issue a zoning permit according to Subsection F(1) of this section only if a special use permit is granted by the Town Board and transmitted to said officer.
G.
Expiration of permit.
[Amended 10-27-1992 by L.L. No. 8-1992; 10-3-2000 by L.L. No. 6-2000; 10-22-2013 by L.L. No. 4-2013]
(1)
A zoning and building permit shall become void after a period of six months from the date of issuance unless actual change has been made or construction has been started pursuant to such permit. In any case, the zoning and building permit shall expire after a period of 12 months. A renewal of a building and zoning permit may be obtained for a fee for an additional six months. Fees for the initial issuance of a building and zoning permit and any renewals thereafter shall be established and revised from time to time by resolution of the Town Board (see § 75-5E of the Code of the Town of Niskayuna). Where the permit shall have been issued upon written order of the Zoning Board of Appeals, the expiration date shall be 12 months from the date of issuance of written order of the Zoning Board of Appeals, and any extension thereof of the permit shall be by order of said Board, except when the provisions of § 220-69M(1) govern the application.
(2)
Unless such permit was issued upon written order of the Zoning Board of Appeals, the applicant may, prior to the expiration date of this permit, apply to the Zoning Enforcement Officer for a new permit if the time of completion of construction or change in use will exceed the above time period. In such case, the minimum charge for a new permit shall apply, and only the application need be submitted in quadruplicate. The Zoning Enforcement Officer shall then take appropriate action on the application as provided in Subsection F of this section.
H.
Revocation of permit. If the Zoning Enforcement Officer finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the permit was based; that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications; that the person to whom a zoning and building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector; or that the provisions of Subsection J of this section have not been complied with, he shall notify the holder of such zoning and building permit and give him three calendar days to rectify the discrepancy. If the holder of the permit fails to rectify the discrepancy in said time, the Zoning Enforcement Officer shall revoke said permit. Further, the Town Board may direct the Zoning Enforcement Officer in writing to revoke the permit if it is the opinion of the Town Board that the permit was improperly or unlawfully issued or was procured through fraud or deception. The possessor of a permit shall be notified of any revocation of his permit and such reasons for revocation in writing by registered letter. A copy of such revocation shall be transmitted to the Town Board.
I.
Appeals. Any person allegedly aggrieved as a result of an action by the Zoning Enforcement Officer in the enforcement of this chapter may appeal to the Zoning Board of Appeals, as provided by § 220-69 of this chapter, except that denials pursuant to a final decision by the Planning Board and Zoning Commission on Site Plan approval shall not be subject to appeal.
J.
Inspection by Zoning Enforcement Officer.
(1)
The building location on the lot shall be staked out
on the ground before construction is started so that the Zoning Enforcement
Officer can determine by measurement on the lot that the yard requirements
and other dimensions for the district in which the use is located
are met.
(2)
The Zoning Enforcement Officer shall inspect or cause to be inspected any building, structure or portion thereof after completion of any work for which a zoning and building permit was issued and be assured that all plans as approved are complied with before issuing a certificate of occupancy in accordance with § 220-68 of this chapter.
K.
Prior zoning and building permits. Any building, structure, extension, alteration or excavation for which a zoning and building permit has been granted and where construction has been started before the effective date of this chapter or of an amendment to it may be completed in accordance with plans on file with the Zoning Enforcement Officer. This is provided that the ground story framework, including the second tier of beams, has been completed within one year after the adoption date of this chapter or an amendment to it; that construction is diligently prosecuted; and that the work under the permit is completed within two years of the date of issuance of that permit. In the event that a prior zoning and building permit would create a lawful nonconforming use, the requirement of § 220-49B(2) shall apply.
A.
Purpose. The purpose of the certificate of occupancy
is to give the Zoning Enforcement Officer the mechanism by which he
can verify that the provisions of the zoning and building permit have
been adhered to and that the facilities and their use fully comply
with the provisions of this chapter in cases where structural change
is involved.
B.
Requirements.
(1)
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
shall have been issued by the Zoning Enforcement Officer.
(2)
The Zoning Enforcement Officer shall in no case, except
under a written order of the Zoning Board of Appeals, grant any certificate
of occupancy where the use of any building, structure or land would
be in violation of the terms and provisions of this chapter.
C.
Application for certificate of occupancy. The application
for a certificate of occupancy shall state the use and occupancy proposed.
This application shall refer to the zoning and building permit which
the applicant had been granted and a statement that he has fully complied
with this permit and attached plans and specifications.
D.
Fees for certificate. The fee for a certificate of
occupancy shall be established by the Town Board and shall accompany
the application for such certificate. Such fee is to be paid to the
Town of Niskayuna. This fee is nonrefundable.
E.
Action on the application by the Zoning Enforcement
Officer. The Zoning Enforcement Officer shall, within 15 calendar
days of receipt of an application for a certificate of occupancy,
do one of the following:
(1)
He shall issue a certificate of occupancy for the
requested activity and facility.
(2)
He shall refuse the application if any requirement of this chapter has not been met, except when directed otherwise by a written order of the Zoning Board of Appeals. He shall state such refusal in writing, giving the reason for refusal. He shall, in such refusal, state the right of the applicant to appeal the decision to the Zoning Board of Appeals, stating the time within which and where such appeal shall be filed according to § 220-69 of this chapter and the general rules of the Zoning Board of Appeals.[1]
F.
Appeals. Any person allegedly aggrieved as a result of an action by the Zoning Enforcement Officer in regard to the certificate of occupancy may appeal to the Zoning Board of Appeals, as provided by § 220-69 of this chapter.
G.
Inspection. The Zoning Enforcement Officer shall comply with § 220-67J of this chapter upon receipt of the application for a certificate of occupancy and before such certificate is granted.
H.
Conformity to and termination of certificate of occupancy. A certificate of occupancy shall continue in effect as long as the applicable facility and its use is in full conformity with the provisions of this chapter. If a violation of this chapter is reported and the violation is verified by the Zoning Enforcement Officer in relation to this facility and its use, the Zoning Enforcement Officer shall terminate the certificate of occupancy, and a new certificate shall be required for further use of this facility or land as provided in Subsection B of this section.
A.
Purpose. The purpose of the Zoning Board of Appeals
is to hear and decide appeals of any person(s) who are aggrieved by
the administration, enforcement and application of this chapter by
the Zoning Enforcement Officer.
B.
Establishment.
[Amended 4-4-1995 by L.L. No. 5-1995; 1-3-2017 by L.L. No. 1-2017]
(1)
The Zoning Board of Appeals, heretofore created according to the
provisions of § 267 of the Town Law, is hereby continued
as now constituted. Each member of said Zoning Board of Appeals shall
continue to hold office to the expiration of his present term, at
which time the Town Board shall appoint a successor as provided by
law.
(2)
The Town Board of the Town of Niskayuna may appoint alternate members
to the Zoning Board of Appeals to serve as provided in this subsection.
The number of alternate members so appointed pursuant to this subsection
shall not exceed five. In addition to the three alternate members
appointed on January 14, 2016, two alternate members may be appointed
by the Town Board to serve until December 31, 2018, and, on the first
day of January next succeeding the first biennial Town election held
after the time of the establishment of such position, and biennially
thereafter, the Town Board shall appoint alternate members who shall
hold membership for terms of two years. The Chairman of the Zoning
Board of Appeals shall assign the alternate members as necessary when
absence of regular members of the Board or a conflict of interest
of regular members of the Board or disability of regular members of
the Board would otherwise prevent any of the regular members of the
Board from considering any pending matter. Once designated to serve
on a particular matter before the Board, the alternate members shall
have the same powers and duties as regular members of the Board until
that matter is concluded. Any determination by the Board consisting
of alternate members shall have the same weight and be entitled to
the same authority as the act or deed of the regular Zoning Board
of Appeals, and all laws, statutes and regulations shall apply and
be applied with equal force and effect.
[Amended 9-22-2020 by L.L. No. 8-2020]
C.
Powers.
(1)
The Zoning Board of Appeals shall have the powers
and duties delegated to it according to § 267 of the Town
Law.
(2)
The Zoning Board of Appeals shall have the powers
of appellate review of any order, requirement, decision or determination
made by the Zoning Enforcement Officer in the administration and enforcement
of this chapter, except in cases arising from final determinations
by the Planning Board and Zoning Commission in cases of site plan
approval, which shall not be appealable to the Zoning Board of Appeals.
Such order, requirement, decision or determination shall include zoning
and building permits and certificates of occupancy.
[Amended 10-27-1992 by L.L. No. 8-1992[1]]
[1]
Editor's Note: This local law also repealed
former Subsection C(3), dealing with appeals to vary or modify an
application, and Subsection C(4), dealing with conditions for variance,
which subsections immediately followed this subsection.
D.
Permitted action by the Zoning Board of Appeals.
[Amended 10-27-1992 by L.L. No. 8-1992]
(1)
Interpretations, requirements, decisions, determinations.
The Zoning Board of Appeals may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision, interpretation or
determination appealed from and shall make such order, requirement,
decision, interpretation or determination as in its opinion ought
to have been made in the matter by the Zoning Enforcement Officer
and to that end shall have all the powers of the Zoning Enforcement
Officer from whose order, requirement or decision the appeal is taken.
(2)
Use variances.
(a)
The Zoning Board of Appeals, on appeal from
the decision or determination of the Zoning Enforcement Officer, shall
have the power to grant use variances, authorizing a use of the land
which otherwise would not be allowed or would be prohibited by the
terms of this chapter.
(b)
No such variance shall be granted by the Zoning
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:
[1]
Under applicable zoning regulations, the applicant
cannot realize a reasonable return, provided that lack of return is
substantial as demonstrated by competent financial evidence.
[Amended 6-7-1994 by L.L. No. 5-1994]
[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.
[4]
The alleged hardship has not been self-created.
(c)
The Zoning 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 Zoning Board of Appeals shall have the power,
upon an appeal from a decision or determination of the Zoning Enforcement
Officer, to grant area variances from the area or dimensional requirements
of this chapter.
(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.
[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 Zoning 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 Zoning Board of Appeals
shall, in 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, or the period of time such variance shall be in effect.
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.
E.
Procedures for functioning of the Zoning Board of
Appeals.
[Amended 7-6-1976 by Res. No. 173; 10-27-1992 by L.L. No.
8-1992]
(1)
All meetings of the Zoning Board of Appeals shall
be held at the call of the Chairperson and at such other times as
the Board may determine. The Chairperson, or, in his absence, the
Acting Chairperson designated by the Board members may administer
oaths and compel the attendance of witnesses.
(2)
The Zoning Board of Appeals shall establish and adopt
general rules as to the procedures and time by which appeals may be
taken. Such rules shall be made a part of the public record in the
offices of the Town Clerk and the Zoning Enforcement Officer.
(3)
Meetings of the Zoning Board of Appeals shall be open
to the public to the extent provided in Article 7 of the Public Officers
Law. The Zoning Board of Appeals shall keep minutes of its proceedings,
showing the vote of each member upon every question or, if absent
or failing to vote, indicating such fact and shall also keep records
of its examination and other official actions. Every rule and regulation,
every amendment or repeal thereof and every order, requirement, decision
or determination of the Board shall immediately be filed in the office
of the Town Clerk and shall be a public record.
(4)
An applicant before the Board must present affirmative,
substantial evidence showing that the relief which he seeks is justified.
When the Board renders a decision, it shall specify the basis for
the decision in detail.
(5)
The Zoning Board of Appeals shall have the authority
to call upon any department or employee of the Town for assistance
deemed necessary and as shall be authorized by the Town Board.
(6)
The Zoning Board of Appeals shall comply with the
provisions of the State Environmental Quality Review Act (SEQRA) under
Article 8 of the Environmental Conservation Law and its implementing
regulations as codified in 6 NYCRR Part 617.
F.
Appeal procedures.
[Amended 10-27-1992 by L.L. No. 8-1992]
(1)
An appeal to the Zoning Board of Appeals for administrative
review or variance may be taken by any person, firm or corporation
aggrieved or by any governmental officer, department, board or bureau
affected by any decision of the Zoning Enforcement Officer based in
whole or in part upon the provisions of this chapter.
(2)
Appeal shall be taken by the Zoning Board of Appeals
within 60 days after the filing of any order, requirement, decision,
interpretation or determination of the Zoning Enforcement Officer
by filing with the Zoning Enforcement Officer and the Zoning Board
of Appeals a notice of appeal specifying the grounds thereof and the
relief sought.
(3)
Appeal shall be filed according to the general rules
established by the Zoning Board of Appeals and become part of the
public record in the office of the Town Clerk.
(5)
The Zoning Enforcement Officer shall transmit to the
Zoning Board of Appeals all the papers constituting the record upon
which the action appealed was taken.
G.
Fee for appeal. Upon filing an appeal to the Zoning
Board of Appeals, the applicant shall pay a fee as established by
the Town Board. The fee is to be paid to the Town of Niskayuna and
is not refundable.
H.
Notice of public hearing.
(1)
Mailing of notice.
[Amended 1-23-1973 by Res. No. 70; 10-27-1992 by L.L. No.
8-1992]
(a)
The Zoning Board of Appeals shall publish a notice of the public hearings in a paper of general circulation in the Town a minimum of five calendar days in advance of such hearing. Such notice shall, a minimum of five calendar days in advance of such hearing, be mailed to the parties to the appeal, cities, towns and villages within 500 feet of the affected property in the notice for appeal and, if applicable, the Schenectady County Department of Planning, under the provisions of § 220-71 of this chapter and the Capital District Regional Park Commission under § 267 of the Town Law. Notice of the public hearing shall also be mailed to owners of the property within the following distances of the affected property:
(b)
Notice shall also be transmitted to the Town
Board and Planning Board.
(2)
The notice shall contain the time, date and location
of the meeting and the location of the affected property. Failure
of an intended recipient to receive said notice shall not be cause
for review of the Board's determination.
I.
Referral of certain appeals to the Planning Board.
[Amended 12-21-1982 by Res. No. 321; 10-3-2000 by L.L. No.
6-2000]
(1)
Upon receipt of an appeal for a variance which would permit a use of land not specifically provided for in the zoning district in which the use is proposed; a variance which would allow for the construction, establishment or expansion of a use which would otherwise or subsequently require either site plan approval pursuant to Article VIII or a special use permit pursuant to Article X; a variance in a nonconforming use; or a variance that will allow applications for a subdivision to be made, the Zoning Enforcement Officer shall refer the application and all accompanying materials to the Planning Board for its review and recommendations.
(2)
The Planning Board shall, within 30 days of the date
of the referral of an appeal from the Zoning Enforcement Officer,
report thereon.
J.
Public hearing. The Zoning Board of Appeals shall
fix a reasonable time for the hearing of any appeal. Such hearing
shall consider all facts pertaining to the appeal. At the hearing
on the matter under review, the Chairman shall read all reports received,
including those from the Planning Board and Zoning Commission and
the Schenectady County Department of Planning. At the hearing, any
person may appear in person or by agent or by attorney.
K.
Decision.
[Amended 2-14-1989 by Res. No. 89-59]
(1)
The Zoning Board of Appeals shall decide such appeal
within 62 days of the public hearing. The time within which the Board
must render its decision may be extended by mutual consent of the
applicant and the Board.
[Amended 10-27-1992 by L.L. No. 8-1992]
(2)
In cases in which a referral has been made to the Planning Board pursuant to Subsection I of this section, the decision of the Zoning Board of Appeals shall not be rendered until either receipt of the report of the Planning Board or 30 calendar days from the date of referral to the Planning Board.
(3)
The Zoning Board of Appeals shall not act contrary
to any recommendation of the Planning Board and Zoning Commission
without first fully setting forth in the record the reasons for such
action.
(4)
The decision shall be made by a majority of the total
membership of the Zoning Board of Appeals if such decision shall reverse
any order, requirement, decision or determination of the Zoning Enforcement
Officer or to decide in favor of the applicant or to effect any variation
in such ordinance as is required under § 267 of the Town
Law.
(5)
If such decision shall be contrary to a report of the Schenectady County Department of Planning as provided in Subsection F of this section and §§ 239-l and 239-m of the General Municipal Law, the decision shall require a majority plus one of the total membership of the Zoning Board of Appeals.
(6)
All decisions shall be filed with the Town Clerk,
the Zoning Enforcement Officer and, if applicable under §§ 239-l
and 239-m of the General Municipal Law, the Schenectady County Department
of Planning, within five business days after the date such decision
is rendered, and a copy thereof mailed to the applicant.
[Amended 10-27-1992 by L.L. No. 8-1992]
L.
Rehearing. A motion for the Zoning Board of Appeals
to hold a rehearing to review any order, decision or determination
of the Board not previously reviewed may be made by any member of
the Board. A unanimous vote of all members of the Board then present
is required for such rehearing to occur. Such rehearing is subject
to the same notice provisions as an original hearing. Upon such rehearing
the Board may reverse, modify or annul its original order, decision
or determination upon the unanimous vote of all members then present,
provided the Board finds that the rights vested in persons acting
in good faith in reliance upon the reviewed order, decision or determination
will not be prejudiced thereby.
[Added 9-2-1997 by L.L. No. 11-1997]
M.
Expiration and extension of a zoning and building
permit.
[Amended 10-27-1992 by L.L. No. 8-1992]
(1)
Any zoning and building permit issued under written order of the Zoning Board of Appeals shall expire 12 months from the date of issuance of said written order, unless the permit is also governed by the requirements of Article VIII (Site Plan Approval). If Article VIII applies to the application, the zoning and building permit issued under written order of the Zoning Board of Appeals shall expire two years after the date of final written approval of the site plan by the Planning Board.
[Amended 10-3-2000 by L.L. No. 6-2000]
(2)
Upon appeal by the aggrieved person(s), the Zoning
Board of Appeals may grant not more than one extension of up to 12
months duration to the life of such zoning and building permit as
issued above.
N.
Stay of proceeding. An appeal stays all proceedings
in furtherance of the action appealed from unless the Zoning Enforcement
Officer certifies to the Zoning Board of Appeals, after the notice
of appeal shall have been filed with him that, by reason of facts
stated in the certificate, a stay would, in his 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 Zoning Board of Appeals or by the Supreme Court or from whom
the appeal is taken.[2]
[2]
Editor's Note: Former Subsection N, Costs
allowed against Zoning Board of Appeals, which immediately followed
this subsection, was repealed 10-27-1992 by L.L. No. 8-1992.
[Amended 10-27-1992 by L.L. No. 8-1992]
A.
Article 78 proceedings. Any person or persons jointly
or severally aggrieved by any decision of the Zoning Board of Appeals
or by any officer, department, board or bureau of the Town may apply
to the Supreme Court for review by a proceeding under Article 78 of
the Civil Practice Law and Rules and as provided in § 267
of the Town Law. Such proceeding shall be instituted within 30 calendar
days after the filing of a decision in the office of the Town Clerk.
B.
Costs of appeal. Costs shall not be allowed against
the Zoning Board of Appeals unless it shall appear to the Supreme
Court that it acted with gross negligence or in bad faith or with
malice in making the decision appealed from.
A.
Referral to the County Department of Planning. In
accordance with §§ 239-l and 239-m of the General Municipal
Law of New York State, any amendment to this chapter which would change
the district classification or regulations applying to real property
or any special permit or variance affecting such real property within
a distance of 500 feet from the boundary of any City, Village or Town;
the boundary of any existing or proposed County or state park or other
recreation area; the right-of-way of any existing or proposed County
or state parkway, thruway, expressway, road or highway; 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 the existing or proposed boundary of any County- or state-owned
land on which a public building or institution is situated shall be
referred to the Schenectady County Department of Planning by the Town
Board or the Zoning Board of Appeals, whichever is appropriate, before
such Board shall take final action on said amendment, special permit
or variance. The term "proposed" shall be deemed to include only those
recreation areas, parkways, thruways, expressways, roads or highways
which are shown on a County plan adopted pursuant to Subdivision 2
of § 239-d of the General Municipal Law or adopted on an
official map pursuant to § 239-g of such law.
B.
Report of the County Department of Planning. The Schenectady
County Department of Planning shall, within 30 days after receipt
of such referral, report its recommendations thereon to the referring
municipal board, accompanied by a full statement of the reasons for
such recommendations. If the Department fails to report within such
period of 30 days or such longer period as may have been agreed upon
by it and the referring agency, the appropriate municipal board may
act without such report.
C.
Action by appropriate Town agency.
(1)
If the Schenectady County Department of Planning disapproves
the matter which was referred to it or recommends modification thereof,
the appropriate Town agency having jurisdiction shall not act contrary
to such disapproval, except by a vote of a majority plus one of all
the members thereof and shall, after adoption of a resolution, fully
set forth the reason for contrary action.
(2)
Within seven calendar days after final action, the
appropriate Town agency having jurisdiction on the report of a referred
matter, such Town agency shall, in all cases, file a report of the
final action it has taken with the County Department of Planning.
A.
Power to amend. The Town Board may from time to time
on its own motion or on petition or on recommendation of the Planning
Board amend, supplement or repeal the regulations and provisions of
this chapter after public notice and hearing as provided in § 265
of the Town Law.
B.
Referral to the Planning Board. Every such proposed
amendment or change, whether initiated by the Town Board or by petition,
shall be referred to the Planning Board for report thereon. The Planning
Board shall hold a public hearing on any proposed amendment or change
to this chapter prior to its transmittal of its recommendations or
said report to the Town Board; provided, however, that if the proposed
amendment or change does not amend the Zoning Map or otherwise effect
a material change in the regulations and provisions of this chapter,
the Town Board may, by unanimous vote of those members present and
voting, waive the public hearing before the Planning Board.
[Amended 10-3-2000 by L.L. No. 6-2000]
D.
Notice of public hearing. The Town Board, by resolution
adopted at a stated regular or special meeting, shall fix the time
and place of a public hearing on the proposed amendments stating the
land affected by such amendments, and cause notice to be given as
follows:
(1)
By publishing a notice giving at least 10 calendar
days notice of the time and place of such hearing in the official
newspaper of the Town.
(2)
By mailing such notices at least 10 calendar days in advance of the hearing to the Planning Board, the Schenectady County Department of Planning if § 220-71 of this chapter shall apply, any City, Town or Village within 500 feet of the land affected by said proposal and other parties as §§ 264 and 265 of the Town Law shall require. Failure of an intended recipient to receive said notice shall not be cause for review of the Board's determination.
[Amended 10-27-1992 by L.L. No. 8-1992]
(3)
In addition to those parties identified in Subsection D(2) of this section, in those cases in which the proposed amendment includes a change to the boundaries of one or more zoning districts as shown on the Zoning Map of the Town of Niskayuna, by mailing such notices at least 10 calendar days in advance of the hearing to the parties to the proposal and the property owners on or within 500 feet of the land affected by said proposal. Failure of an intended recipient to receive said notice shall not be cause for review of the Board's determination.
[Added 10-27-1992 by L.L. No. 8-1992]
E.
Approval of the amendment or change.
[Amended 11-4-1976 by Res. No. 251]
(1)
A majority vote of the Town Board shall be required
to approve such amendment or change except as noted below.
(2)
In case, however, of a protest against such amendment
or change signed by the owners of 20% or more, either of the area
of the land included in such proposed amendment or change or of that
immediately adjacent extending 100 feet from the street frontage of
such opposite land, such amendment or change shall not become effective
except by the favorable vote of at least 3/4 of the members of the
Town Board.
F.
Effective date of amendment or change. As provided
for in § 265 of the Town Law, the amendment or change shall
take effect 10 days following publication and posting.
A.
General. In addition to any other remedies, the Town
may institute any appropriate action or proceeding to prevent any
unlawful erection, alteration, conversion, maintenance or use to correct
or abate such violation, to prevent the occupancy of a building, a
structure or land or to prevent any illegal act, conduct, business
or use.
B.
Violations. It shall be unlawful for any person, firm
or corporation to construct, alter, repair, move, remove, demolish,
equip, use, occupy or maintain any building or structure or portion
thereof in violation of any provision of this chapter or to fail in
any manner to comply with a notice, directive or order of the Zoning
Enforcement Officer or to construct, alter or use and occupy any building
or structure or part thereof in a manner not permitted by an approved
building permit or certificate of occupancy.
C.
Penalties. Any person who shall fail to comply with
a written order of the Building Inspector within the time fixed for
compliance therewith, and any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or their agents or any
other person taking part or assisting in the construction or use of
any building who shall knowingly violate any of the applicable provisions
of this chapter or any lawful order, notice, directive, permit or
certificate of the Building Inspector made thereunder shall be punishable
by a fine of not more than $500 or 30 days in jail, or both. Each
day that a violation continues shall be deemed a separate offense.
D.
Complaints of violations. In addition to the enforcement provided for in § 220-66 of this chapter, whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints shall be in writing and shall be filed with the Zoning Enforcement Officer, who shall properly record such complaint and immediately investigate and report thereon in writing to the Town Board and Planning Board. If necessary, the Zoning Enforcement Officer shall then effectuate the provisions of Subsection A of this section.
E.
In case any building or structure is erected, constructed,
reconstructed, altered, converted or maintained or any building, structure
or land is used in violation of this article or of any ordinance or
other regulation made under authority conferred thereby, the proper
local authorities of the Town, in addition to other remedies, may
institute any appropriate action or proceedings to prevent such unlawful
erection, construction, reconstruction, alteration, conversion, maintenance
or use to restrain, correct or abate such violation, to prevent the
occupancy of said building, structure or land or to prevent any illegal
act, conduct, business or use in or about such premises; and upon
the failure or refusal of the proper local officer, board or body
of the Town to institute any such appropriate action or proceeding
for a period of 10 days after written request by a resident taxpayer
of the Town so to proceed, any three taxpayers of the Town residing
in the district wherein such violation exists, who are jointly or
severally aggrieved by such violation, may institute such appropriate
action or proceeding in like manner as such local officer, board or
body of the Town is authorized to do.
A.
Interpretation. In their interpretation and application,
the provisions of this chapter shall be held to be minimum requirements,
adopted for the promotion of the public health, morals, safety or
the general welfare.
B.
Conflict with other laws. Whenever the requirements
of this chapter are at variance with the requirements of any other
lawfully adopted rules, regulations or ordinances, the most restrictive
or that imposing the highest standards shall govern.
