City of Troy, NY
Rensselaer County
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Table of Contents
Table of Contents
Except where herein otherwise stated, the Director of Code Enforcement, hereafter referred to as the Director, shall enforce the provisions of this chapter. The Director shall not vary any requirement of this chapter.
In order to carry out his/her duties in the enforcement of this chapter, the Director shall make all necessary inspections of buildings or premises.
A. 
No work permit, pursuant to the Building Code of the City of Troy[1], shall be issued for any proposed building or structure, alteration of any existing building or structure or for the use, change of use or reuse of any land, building or structure which is not in accordance with the provisions of this chapter, unless required approvals by the Planning Board and/or Zoning Board of Appeals have been given. A work permit is also required when any construction, demolition or alteration is made to any sites, monuments, landmarks, spaces and objects located within a designated local historic district. In such cases, Chapter 47, Historic District and Landmarks Review Commission, shall apply in its entirety and shall prevail when in conflict with any specific requirement of this chapter.
[1]
Editor's Note: See Ch. 141, Buildings.
B. 
It shall be unlawful for the Director to issue a work permit unless he/she has certified that the proposal is in conformance with this chapter, the Freshwater Wetlands Act, the SEQR Act, the Federal Flood Insurance Act, the Coastal Zone Management Act, and the Historic District and Landmarks Review Ordinance or that necessary approvals have been granted by the Planning Board and/or Zoning Board of Appeals of the City of Troy.
C. 
Application for a work permit shall be made in writing to the Director on forms furnished for such purpose and shall be accompanied by such plans, fees and other information prescribed in § 285-37 of this chapter.
No building or structure or parts thereof, which is hereafter erected or altered or the use of which is changed, shall be occupied or used (or the same caused to be done) unless and until a certificate of occupancy (CO) shall have been issued by the Director for such building.
A. 
It shall be unlawful for the Director to issue a certificate of occupancy for any construction or alteration or change of use for any building or structure to be occupied until he/she has determined that such occupancy is in compliance with this chapter or has been approved by the Planning Board and/or Zoning Board of Appeals.
B. 
A certificate of occupancy required by the Building Code shall be the same as a CO required by this chapter.
C. 
A certificate of occupancy can be issued for existing buildings, structures or uses if, after inspection, it is found that issuance of a CO would be in conformance with this chapter or if approval for use of the building, structure or property is granted by the Planning Board and/or Zoning Board of Appeals of the City of Troy.
D. 
Buildings accessory to the principal building or use of a lot shall not require separate CO's unless the accessory structures are to be occupied for other than an accessory use at a later date.
E. 
At the discretion of the Director, a CO may be issued to permit occupancy of a specific portion of a building or structure, provided that:
(1) 
Work being done on the remainder of the building or structure does not interfere with the occupied part; and
(2) 
Adequate emergency access and egress is maintained.
F. 
At the discretion of the Director, a temporary CO may be issued to permit occupancy of an entire building or structure for a period of six months until specified minor work items are completed. Such temporary CO shall be issued only when proof is provided by the applicant that, for reasons beyond his/her control, work cannot be completed until a later date. All code work must be completed prior to the issuance of a temporary CO; code work is work conducted to bring a structure to City Building and/or Housing Code specifications.[1]
[1]
Editor's Note: See Ch. 141, Buildings, and Ch. 176, Housing and Property Maintenance.
G. 
Applications for a CO shall be made in writing to the Director on forms furnished for that purpose.
(1) 
The CO shall be granted within seven calendar days of receipt of a completed application, if the Director's inspection finds that the building, structure or use of land is in accordance with the provisions of this chapter and other applicable laws.
(2) 
If such CO is refused for cause, the applicant shall be notified, in writing, of such refusal within the aforesaid seven calendar days.
H. 
A certificate stating the allowed number of residents per dwelling unit and the required number of off-street parking spaces for the whole building shall be posted in a common area inside all buildings containing greater than two dwelling units. This section will apply to all such buildings changing use and/or ownership or wherein the number of dwelling units is changed subsequent to the enactment of this section.
The holder of every permit for construction, erection, alteration, repair or moving of any building, structure, use of land or part thereof shall file for final inspection immediately upon completion of the work authorized by such permit.
The Director shall keep records by street address and property owner of all applications, permits, certificates, variances, inspections, approvals by the Planning Board and/or Zoning Board of Appeals, notices and orders issued in the performance of his/her duties.
The Director shall prepare a written report to the Planning Board and Zoning Board of Appeals, listing all cases heard by both bodies and describing enforcement of the decision (with stipulations) of both bodies. Such report shall be made in writing and shall be presented to the secretary of each body by the last day of January of the succeeding year. This report shall be indexed by case and be available to the public, pursuant to the Freedom of Information Law.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter or of any ordinance or regulation made under authority conferred hereby, the Director, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alterations, repair, conversion, maintenance or use, to restrain, correct or abate such violation, and to prevent the occupancy of said building or use in or about such premises.
Whenever a violation of this chapter occurs, any person may file a written complaint in regard thereto with the Director, who shall record such complaint and immediately investigate and report thereon and shall take such measures appropriate for the situation.
The Planning Board shall strive to promote excellence of site design so as to improve community attractiveness, minimize negative influences of discomplementary uses, protect the natural environment, minimize traffic conflicts and congestion and protect the public health, safety and welfare.
(See Chapter 72, Planning Board.)
(See Chapter 72, Planning Board.)
[Amended 10-2-2003 by L.L. No. 4-2003; 12-3-2009 by L.L. No. 4-2009]
A. 
Site plan review. No work permit may be issued by the Director of Code Enforcement for the following uses or developments until a site plan has been approved by the Planning Commission. The Planning Commission's authority is limited to site design review for the purpose of § 285-22.
(1) 
All uses and structures except:
(a) 
Existing individual single-family residential structures, including two-family residential structures, and customary accessory structures therefor, excluding satellite dishes, etc., unless otherwise required by subsequent sections of this chapter;
(b) 
Accessory structures, other than those noted in the preceding, that do not exceed 100 square feet in area and 10 feet in height.
B. 
Other. The Planning Commission shall exercise all authority granted by Chapter 71, Planning Commission, and by state enabling statute, and shall include, but shall not be limited to, subdivision review, street closing and preparation of the Comprehensive Plan, or amendment thereto, and recommendation of such proposed Plan or amendment to the legislative body of the City for adoption.
C. 
Referrals. Prior to final action, the Planning Commission shall refer the site plan, where applicable, to the county planning board, in accordance with §§ 239-I, 239-m and 239-n of the General Municipal Law.
D. 
A site plan must be approved by the Planning Board when sleeping units are created or added to a community residential facility, rooming house, or a congregate living facility.
An annual report shall be made by the Commission to the Mayor by January 31 of each calendar year. Each such report shall summarize the actions of the Planning Board (including stipulations) for the twelve-month period ending on December 31 of the previous calendar year. This report shall be indexed by case and be available to the public, pursuant to the Freedom of Information Law.
Modifications include but are not limited to rezoning, amendments, revisions, or adoption of a new ordinance. Such modifications shall require at least one public hearing conducted at a regular or special meeting of the Planning Board. Requirements of this section shall be minimum requirements and shall not take precedence over any more restrictive requirements.
[Amended 10-2-2003 by L.L. No. 4-2003]
At least once in every five-year period, commencing with the date of the adoption of this chapter, the Planning Board shall prepare or cause to be prepared an updated five-year Comprehensive Plan for the City of Troy. Adoption of such Comprehensive Plan shall be by the City Council.
The Zoning Board of Appeals is an appellate body hereby established pursuant to the provisions of § 81, Article 5a of the General City Law. Except where herein otherwise stated, the Zoning Board of Appeals may not involve itself in site design review for the purpose of varying requirements of this chapter or for any other purpose.
A. 
The City of Troy Zoning Board of Appeals shall consist of five members, each of whom shall be appointed by the Mayor. The Zoning Board of Appeals shall continue to have all of the powers and authority conferred on it by this chapter, adopted on October 6, 1988, and such other powers as conferred upon it by Chapter 208 of the Laws of 1993.
B. 
Members now holding office whose terms do not expire at the end of the official year shall, upon expiration of their term, hold office until the end of the official year.
C. 
Appointment of members to the Board shall be for terms so fixed that one member's term shall expire at the end of the official year in which such members were initially appointed. The remaining members' terms shall be so fixed that one member's term shall expire at the end of each official year thereafter, until such time as the Board has been reconstituted with five members, each having terms that expire in five consecutive official years thereafter. Subsequent terms shall be for a period of five years.
D. 
A quorum of the Board to conduct business is three members.
All meetings of the Zoning Board of Appeals shall be held at the call of the Chair at such times as the Zoning Board of Appeals shall determine. In the absence of the Chair, the Vice Chair may call an emergency meeting if a quorum of the members is in concurrence. All hearings conducted by the Zoning Board of Appeals shall be open to the public, pursuant to § C-91 of the City Charter.
A. 
Minutes of all Zoning Board of Appeals proceedings shall be taken by the executive secretary. Such minutes shall be prepared in written form and filed with the Director within 24 hours of each meeting and shall include:
(1) 
Attendance; and
(2) 
All questions and the vote of each member on all questions.
B. 
A quorum of the Zoning Board of Appeals to conduct business is three members.
[Amended 5-2-2013 by Ord. No. 30]
C. 
Reversal of any decision of the Director or granting of a variance from any requirement of this chapter shall require the concurrence of four members of the Zoning Board of Appeals
A. 
Public participation.
(1) 
Pursuant to § C-91 of the City Charter, this meeting shall be open to the general public. Each citizen may speak once during the hearing on a particular item. In each instance, all those citizens or taxpayers of the City of Troy or their duly authorized representative wishing to be heard will be given the opportunity to speak. The Chair, at his/her discretion, may require that those in attendance whose testimony is obviously repetitive substitute a written statement in lieu of oral testimony. Citizens or taxpayers of communities adjoining Troy may be heard, through one representative chosen by them, if the proposed development is within 500 feet of the border separating the adjoining community and the City of Troy.
(2) 
But for the initial presentation of the applicant, there will be a limit of five minutes to speak on proposed agenda items or to read a prepared statement. The name and address of each speaker must be given as an introduction. The Zoning Board of Appeals will also accept and encourage written and signed statements and petitions as part of public testimony. The primary purpose of the hearing will be for the Zoning Board of Appeals to listen to interested and concerned citizens or taxpayers as individuals. Remarks should be kept relevant to the item(s) on the agenda being discussed. No debate or argumentation shall be permitted. The Chair, at his/her discretion, may require that a speaker sum up his/her testimony in order to proceed with the orderly conduct of the meeting. Testimony will be recorded and maintained in the office of the executive secretary as a public record.
B. 
The order of presentation.
(1) 
Those appearing in support of the proposal:
(a) 
Presenters, representatives, etc.; and
(b) 
Additional supporters of the proposal.
(2) 
Those appearing in opposition to the proposal.
(3) 
A very brief rebuttal period within which a single representative of each side of the issue may rebut and clarify arguments regarding the proposals, for a period of five minutes each.
C. 
Agenda. The agenda of the Zoning Board of Appeals shall be structured as follows. The Chair, at his/her discretion, may change the order of business within categories.
(1) 
Roll call;
(2) 
Reading of the general procedures for the conduct of public hearings;
(3) 
Committee reports;
(4) 
Minor area variances, as defined in § 285-33E;
(5) 
Old business;
(6) 
New business involving major area variances, temporary permits, special use permits, use variances; and
(7) 
Adjournment.
D. 
Zoning Board of Appeals deliberation. At the end of the presentation of each case on the agenda, the Chair shall close the hearing. The Zoning Board of Appeals will then reconvene in deliberative session during which arguments will be discussed. These discussions will be solely among members of the Zoning Board of Appeals and their staff. There will be no disruption of this process by the audience nor conversation with members of the Zoning Board of Appeals that is not recognized by the Chair. After deliberating the agenda item in question, a vote of the Zoning Board of Appeals will be taken and recorded. After voting, the Zoning Board of Appeals will proceed to the next item on the agenda.
The Zoning Board of Appeals is empowered to hear and decide appeals where it is alleged that there is an error of law or an error in an order, requirement, decision or determination made by the Director in the enforcement of this chapter. In accordance with the provisions of this chapter, the Zoning Board of Appeals shall also hear and decide requests for variances, for interpretations of the zoning ordinance and/or map and for decisions on special approval situations. The Zoning Board of Appeals may table any matter before it for no more than one consecutive regularly scheduled meetings. Thereafter, the Zoning Board of Appeals must take action on the matter.
A. 
Use variance: Authorization by the Zoning Board of Appeals that allows a specified use in a zone district, including restricted locations on the lot or within the structure in which the specified use is not allowed by this chapter. In order to qualify for a use variance, an appellant must provide evidence, for the record, that a legal hardship would occur in the absence of such use variance. The Zoning Board of Appeals shall not grant a use variance unless the applicant provides conclusive evidence to prove:
(1) 
That the land, property, structure or building in question cannot yield a reasonable economic return if used only for a purpose allowed in the zone;
(2) 
That need for the variance was not caused by the applicant;
(3) 
That the use to be authorized by the variance shall not alter the essential character of the neighborhood, nor depreciate aesthetic or property values of the locality; and
(4) 
That the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood which may reflect the unreasonable uses of the zoning ordinance itself.
B. 
Special use permit.
(1) 
Because of their unique characteristics, some uses must be considered on an individual basis. Such special uses may be permitted only upon authorization by the Zoning Board of Appeals, subject to certain conditions and safeguards. Such special uses shall comply with the provisions of this section. Under no circumstances may the Zoning Board of Appeals authorize a special use permit if any of the following conditions can be expected to result from the special permit authorization:
(a) 
Substantial injury to the value of adjacent and nearby properties.
(b) 
Landscaping and screening requirements of this chapter are not met on the site plan.
(c) 
The special use is expected to impair the public health, or safety, or convenience, or welfare, or property values, or aesthetic values, or environmental quality of adjacent and nearby properties.
(2) 
Such special use permits shall comply with this section, and no variances from the requirements of Subsection B may be granted by the Zoning Board of Appeals. A special use permit granted will be considered to be a legal nonconforming use in the future.
(3) 
Additional conditions and safeguards that are not less restrictive than this chapter may be imposed by the Zoning Board of Appeals
C. 
Temporary permits. Temporary buildings, structures and uses may be authorized by the Zoning Board of Appeals for a period of time not to exceed 12 months. In granting temporary permits, the Zoning Board of Appeals shall abide by the following conditions:
(1) 
The granting of the temporary permit shall be in writing stipulating all conditions as to time, nature of development permitted, and arrangements for removing the uses and effects thereof at the termination of the temporary permit.
(2) 
The granting of a temporary permit shall be accompanied by written stipulations regarding setbacks, lot coverage, off-street parking signage and lighting in order to protect the public health, safety, peace, morals, comfort, convenience and general welfare of the immediate vicinity.
D. 
Area variance, major. Authorization by the Zoning Board of Appeals that allows a departure to a major degree from the text of this chapter. Area variances include any departure not covered by a use variance, special permit or temporary permit (e.g., lot size, setbacks, number of off-street parking spaces). In order to qualify for an area variance, the applicant must provide evidence of a practical difficulty imposed by the meeting of the requirements of this chapter.
E. 
Area variance, minor. Authorization by the Zoning Board of Appeals that allows a departure to a minor degree from the text of this chapter. Minor area variances include setback and lot coverage of the proposed use for accessory structures and swimming pools in all applicable zones. In order to qualify for a minor area variance, the applicant must provide evidence of a practical difficulty in meeting the requirements of this chapter. Evidence supporting the applicant's request should include a letter or oral testimony from the applicant's immediately adjacent residential neighbor indicating no objection to the proposed variance.
F. 
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the area 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]
(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.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
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.
[Added 10-2-2003 by L.L. No. 4-2003]
An annual report shall be made by the Zoning Board of Appeals to the Mayor by January 31 of each calendar year. Each such report shall summarize the actions of the Zoning Board of Appeals (including stipulations) for the twelve-month period ending on December 31 of the previous calendar year.
See § 285-36A(4), below.
[Amended 12-4-1997]
A. 
Pursuant to § 285-33, any person desiring to use a parcel of real property in the City of Troy for a purpose other than those permitted in the appropriate zone district or otherwise violate the provisions of this chapter must file a notice of appeal/application to the Zoning Board of Appeals (see Appendix A[1]) with the Planning Department for the Zoning Board of Appeals. Such appeal must be made within 60 days of a work permit or certificate of occupancy request denial by the Director.
[1]
Editor's Note: Zoning appendices are on file in the City Clerk's office.
B. 
Process.
(1) 
Step 1 (application). Application for Zoning Board of Appeals approval shall be submitted to the Planning Department on forms provided for that purpose.
(2) 
Step 2 (submittal). A completed application form, together with a plot plan (or a copy of the Planning Board site plan, if prepared) and the appropriate fee, shall be submitted to the Planning Department at least 18 days prior to the Zoning Board of Appeals meeting at which the appeal will be heard.
(3) 
Step 3 (staff report). The Zoning Board of Appeals staff reports shall have been prepared by the Planning Department and shall have been received by Zoning Board of Appeals members at least seven days prior to the meeting at which they are to be acted upon by the Zoning Board of Appeals
(4) 
Step 4 (notice). Public notice of every appeal heard by the Zoning Board of Appeals shall be given at least one time in a newspaper of general circulation at least 10 days prior to the Zoning Board of Appeals meeting it announces. One copy of the meeting notice shall be mailed to each applicant named thereon at least 10 days prior to the meeting date. In addition, one copy of the notice shall be mailed to the five most adjacent property owners of record, as per the City Assessor's roll, at least seven days prior to the meeting date.
(5) 
Step 5 (meet in public hearing). Based only upon the evidence presented in public hearing, the Zoning Board of Appeals shall determine whether the relief sought is granted or denied. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney. If approval is granted, the applicant shall submit a site plan to the Planning Board for review. Official approval of an action by the Zoning Board of Appeals shall be made in writing to each appellant and shall state that the approval will expire after six months from the approval date if a work permit is not secured. (See §§ 285-32A and 285-46.)
C. 
Hearings of the Board of Appeals shall be held as set forth in General City Law § 81-a. The Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
[Amended 10-2-2003 by L.L. No. 4-2003]
A. 
Pursuant to the requirements of § 285-15A, any person desiring to excavate, construct, repair, rehabilitate, demolish, use, reuse or change the use of any land, building or structure or part thereof must request (§ 285-15B) a work permit from the Director. Such application shall be accompanied by drawings and or written narrative sufficient to clearly describe the location and nature of the proposed work or use of property. Upon receipt of an application and whatever additional information is deemed necessary by the Director, the Director shall inspect this chapter and shall either issue a work permit (which allows the applicant to commence work immediately upon paying the required fee) or shall advise the applicant, in writing, as to the nature of required approvals that must be obtained prior to issuance of the work permit.
B. 
Required approvals will take the form of site plan review (§ 285-25A), subdivision review, (§ 285-25B), use variance (§ 285-33A), area variance (§ 285-33E), special use permit (§ 285-33B), temporary use permit (§ 285-33C) or change of nonconforming use (§ 285-67A) or any combination thereof. None of these listed approvals shall be given until the terms of all other laws or ordinances (§ 285-15A) are met.
Pursuant to the requirements for § 285-16, any person desiring to occupy for any purpose a new or an existing building or structure or parcel of land or part thereof must request (§ 285-16G) a certificate of occupancy, with respect to compliance with all appropriate City codes and ordinances, from the Director. (See § 285-16.)
See § 285-25.
A. 
Process.
(1) 
Step 1. Prior to submission of a formal plan, the applicant may meet in person with a staff person for the Planning Board or any number of its members in an informal meeting to discuss the proposed site plan so that subsequent steps may be taken with a clear understanding of the Planning Board's requirements in matters relating to the development of the site.
(2) 
Step 1a. The applicant, at his/her option, may request a preliminary hearing by the Planning Board for purposes of conceptual review only. Such review is intended to provide the applicant with guidance prior to submission of a formal plan. Such review is not binding on the Planning Board for the purposes of issuance of a building permit.
(3) 
Step 2. A completed application form (see Appendix A[1]), the required fee, and 15 copies of the site plan shall be submitted to the Department of Planning and Community Development, hereafter referred to as the “Planning Department,” at least 21 days prior to the Planning Board meeting at which approval is requested. The Planning Department shall certify on each site plan that all provisions of this chapter have been met or, if not, shall list on the plans those requirements of the chapter that are not met.
[1]
Editor's Note: On file in City Clerk's office.
(4) 
Step 3 (distribution).
(a) 
The Planning Department shall circulate copies of the site plan to the following staff members: Department of Public Utilities (water and sewer); City Engineer; Traffic Engineer; Director of Code Enforcement; Fire Chief; Police Chief; and shall solicit comments therefrom.
(b) 
The Planning Department shall circulate one copy of the site plan for all proposed residential developments of 10 or more units to the superintendent of schools for the school district within which the residential development lies.
(5) 
Step 4 (staff meeting). At least 15 days prior to any scheduled meeting of the Planning Board, the staff members may meet to discuss all proposals in order to identify problems, to outline staff reports and to conduct environmental reviews.
(6) 
Step 5 (staff reports). By the seventh day before any scheduled meeting of the Planning Board, a written staff report for each project shall have been received by all Planning Board members and a public notice shall have been delivered to a newspaper of general circulation to be published five days prior to the meeting. In addition, a copy of the public notice shall be mailed to each applicant 10 days prior to the meeting date, and one copy of the notice shall be mailed to the five most adjacent property owners of record, as per the City Assessor's roll, at least 10 days prior to the meeting date.
[Amended 10-2-2003 by L.L. No. 4-2003]
(7) 
Step 6. Meet in public hearing.
B. 
Elements. Site plans for Planning Board review shall be deemed incomplete and therefore not reviewable unless they contain all of the required information listed in Appendix B[2]
[2]
Editor's Note: On file in the City Clerk's office.
See Ch. 72, Planning Board, of this Code.
In many cases the Director finds it necessary for a request to be reviewed by both the Planning Board and the Zoning Board of Appeals. When this occurs, the applications shall be heard first by the Zoning Board of Appeals and then by the Planning Board. This provision may be waived by the Planning Board, if conditions create an undue burden on the applicant.
The Director may issue whatever appropriate orders and/or permits for work he/she deems necessary, although in violation of this chapter, to protect life or property, when imminent peril can otherwise be expected. In all cases, the Director must document his/her decision to the Zoning Board of Appeals at its next scheduled meeting. Such permitted work cannot be stopped except by a restraining order granted by a court of record.
Any aggrieved person who may have a substantial interest in any decision of the Planning Board, the Zoning Board of Appeals or any officer, department or office of the City of Troy, relating to this chapter, may appeal from any such decisions to the Zoning Board of Appeals. All decisions of the Zoning Board of Appeals are subject only to review by the Supreme Court of the State of New York by filing with the clerk of said court a petition in writing setting forth wherein such Zoning Board of Appeals decision is arbitrary, capricious and an abuse of discretion. Such appeal must be filed within 30 days after the decision of the Board of Appeals is rendered and filed in the office of the Zoning Board of Appeals.
Any person violating any provision of this chapter shall be guilty of a violation, as defined in § 10 of the Penal Law, and shall be punished by a fine of not more than $250 or 15 days in jail, or both.
[Amended 12-6-2001 by Ord. No. 9; 2-7-2002; 12-3-2009 by L.L. No. 4-2009; 9-7-2017 by Ord. No. 85]
Request
Fee
Area variance, minor
$100
Area variance, major
Residential: $150; commercial: $200
Use variance
Residential: $400; commercial: $200
Special use permit
Residential: $150; commercial: $200
Temporary use permit
$50
Rezoning request
$500
Site plan review (based on value of project):
Up to $10,000
$100
$10,001 to $100,000
$200
$100,001 to $500,000
$400
$500,001 and above
$500
Subdivision review (based on number of lots):
Minor (under 10 lots)
$300
Major (over 10 lots)
$500
Historic review:
Board review
$25
Certificate of appropriateness (minor repair and maintenance)
$15
  Approval granted under this article shall expire six months from the date of approval unless a work permit is secured and work has commenced on the approved activity. All work conducted on projects approved by the Planning Board or Zoning Board of Appeals must be completed within one year of the date of approval unless:
A. 
A different, specified time limit is established during project review in public hearing; or
B. 
The applicant requests an extension for a specified time period for cause in public hearing. Cause shall be at the discretion of the Planning Board and/or Zoning Board of Appeals
The applicant for any of the actions listed in § 285-33 is required to post notice (provided by the Planning Department) in/on at least two visually conspicuous locations on the parcel(s) in question at least seven days prior to the hearing to be conducted for the application. A corner parcel must be posted in at least two directions. It is assumed that the applicant will make a reasonable effort to replace postings that are either removed or substantially damaged. Failure to do so can result in the postponement of the application until such requirements are met. (See Appendix C-1-2.[1])
[1]
Editor's Note: Appendix C-1-2 is on file in the City Clerk's office.