The Zoning Board of Appeals shall have all the powers and duties prescribed by § 81-b of the General City Law of the State of New York and by this chapter. These powers and duties are more particularly specified as follows:
A. Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect hereto.
B. Appeals. 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 administrative official charged with the enforcement of such ordinance or local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.
C. Variances. When, in its judgment, the public safety, convenience and welfare will be served, the Zoning Board of Appeals may vary or modify the application of the regulations or provisions of this chapter relating to the use, construction or alteration of structures or use of the land. In such cases, the Zoning Board is empowered to grant exceptions in harmony with the general purpose and intent of this chapter. Variances will be granted in appropriate and specific cases only after public notice and hearing and subject to such appropriate conditions and safeguards as the Zoning Board of Appeals may impose.
(1) As used in this chapter, a variance is authorized for height, area, size of structure, size of yards and open spaces or for establishment or expansion of a use otherwise not allowed. A variance shall not be granted solely because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.
(2) Variance procedures.
(a) An application for the approval of a variance shall be made, by an owner of an interest in the lot, to the Zoning Officer on forms available therefrom, accompanied by the necessary fees and documents as provided in this chapter and the regulations issued hereunder.
(b) The application shall be accompanied by a map drawn to an appropriate scale and showing all existing and proposed characteristics
of the site and adjacent properties necessary for consideration
of the variance request. For applications where site plan approval is also required, a preliminary site plan in accordance with Article
XIV of this chapter shall be required.
(c) A use variance shall not 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] 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;
[3] That the requested use variance, if granted, will not alter the essential character of the neighborhood; and
[4] That the alleged hardship has not been self-created.
(d) In making its determination on granting an area variance, 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.
(e) The Board of Appeals, in the granting of 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.
(f) The Zoning Board of Appeals shall fix a reasonable time and place for a public hearing thereon and shall provide for the giving of notice as follows:
[1] A notice shall be published in the official newspaper of the City at least five days prior to the date thereof, the cost of such publication shall be borne by the appealing party and shall be paid to the Board prior to the hearing of such appeal.
[2] The Zoning Officer shall mail a copy of such notice to all agencies, municipalities, authorities, etc., as prescribed in § 81-a of the General City Law and § 239-m of the General Municipal Law.
[3] The applicant shall be required to erect a sign or signs giving notice of such public hearing and the purpose thereof, which sign(s) shall be prominently displayed on the premises facing each public street or road on which the property abuts. The sign(s) shall be furnished to the applicant for this purpose by the Zoning Officer and shall be set back 15 feet from the property line and shall not be less than two feet nor more than six feet above the grade at said property line. Said sign shall be displayed for a period of not less than 10 days immediately preceding the public hearing date or any adjournment date thereof. In addition to the public notice of a hearing, notice shall be given by first class mail to all property owners of land in the City of Cohoes and any municipality within 150 feet of each property line which is subject to a request before the Zoning Board of Appeals at least 10 days prior to the hearing. The applicant shall file with the Zoning Officer, prior to the public hearing, an affidavit regarding compliance with the provision of this section and that the sign(s) will be removed from the premises and returned to the Zoning Officer within three days after such public hearing is held. The Zoning Officer shall collect from the applicant a fee as currently fixed by the appropriate Common Council, and a deposit per sign, which sum shall be refunded to the applicant upon the return of said sign in good condition.
[4] The cost of sending or publishing any notices relating to such appeal, or a reasonable fee relating thereto, shall be borne by the appealing party and shall be paid to the Board prior to the hearing of such appeal.
(g) The Board shall approve, with or without conditions, or disapprove the application within 62 days of the public hearing as specified in § 81-a of General City Law and shall communicate its action, in writing, to the applicant, and to the Zoning Officer within five days of the meeting at which it decided upon the application. When applicable, compliance shall be required in accordance with the provisions of §§ 239-m and 239-n of the General Municipal Law.
(h) The Zoning Officer shall, upon receipt of the notice of approval and upon application by the applicant, collect all required fees and issue a building permit or such other approval permitting the variance, subject to all conditions imposed by such approval.
The Planning Board shall have the powers and duties as specified below.
A. Plats. The Planning Board may approve plats showing lots, blocks or sites, with or without streets or highways, and conditionally approve preliminary plats and pass and approve the development of plats already filed in the office of the Clerk of the County of Albany if such plats are entirely or partially undeveloped.
B. Street changes. The Planning Board has the power and authority to change the City's Official Map by approving and filing an approved subdivision plat. The Planning Board can recommend the discontinuance of an existing street or a portion thereof to the City Council. The City Council has the authority to determine, and act upon, the discontinuance of a street.
C. Site plan. The Planning
Board will approve, approve with conditions or deny site plans in accordance with Article
XIV of these regulations.
D. Special use permits. The Planning Board will hear and decide upon applications for such permits as specified in this chapter. A permit for any special permit use shall be granted only if evidence is presented which establishes that:
(1) The proposed building or use will be in harmony with the general purpose, goals, objectives and standards of the City's long-term planning goals and this chapter.
(2) The proposed building, hours of operation, use, or intensity of operation involved will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare.
(3) The proposed building or use will be constructed, arranged and operated so as not to dominate the immediate vicinity, or to interfere with or devalue the development and use of neighboring property in accordance with the applicable district regulations.
(4) The proposed building or use will be adequately served by essential public facilities and services.
(5) The proposed building or use complies with all additional standards imposed on it by the particular provision of this chapter authorizing such use.
(6) All steps possible have been taken to minimize any adverse effects of the proposed building or use on the immediate vicinity through building design, site design, landscaping and screening.
(7) Where requested, a performance bond or other suitable financial guaranty has been provided to assure compliance with the conditions of the special use permit.
(8) In the review and approval of special use permits, the following additional factors shall be considered:
(a) General conformance with the City of Cohoes' long-term planning goals and guidelines for development associated with them.
(b) Consistency with development standards and guidelines of the zoning district in which it is located.
(c) Criteria for the review
of site plans enumerated in Article
XIV.
Any property owner aggrieved by the final decision
of the Common Council pursuant to §
285-23G may present to the City Court
of the City
of Cohoes a duly certified petition setting forth the alleged illegality
of the action
of the Common Council, provided that such petition is filed within 30 days after the final decision is rendered by the Common Council. The filing
of said petition shall stay any action pursuant to the decision
of the Common Council pending the outcome
of the appeal to the Court, except that the filing
of such petition shall not stay any action pursuant to the decision
of the Common Council if such decision denies the right to raze or demolish an historic landmark, building or structure. The Court may affirm the decision
of the Common Council, or it may reverse or modify the decision
of Common Council, in whole or in part, if it finds upon review that the decision
of the Common Council is contrary to law or that its decision is arbitrary and constitutes an abuse
of discretion.
Whenever the requirements of this chapter vary from the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or those imposing the higher standards shall govern, except where the New York State Uniform Fire Prevention and Building Code applies, those regulations shall govern.