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.