1.
The Village Board of Trustees may establish by Resolution a schedule
of filing fees to be charged for the application for Building Permits,
Certificates of Occupancy, Appeals, Site Plan Review, Conditional
Use Permits, Variances, and other functions of the Zoning Code to
be known as Village Fee Schedule.
1.
Plot Plans shall be drawn to scale and accurately dimensioned.
2.
Plot Plans shall also note existing proposed uses of land and structure.
3.
Plot Plans for one-family and two-family dwellings shall be submitted
to and shall be reviewed by the Building Inspector. Site plans for
one-family and two-family dwellings shall show the lot, the location
of all existing and proposed structures and open space on the land,
and all other pertinent information, such as driveways and other traffic
access, interior circulation, landscaping and fencing, necessary for
the appropriate agent or board to determine whether the proposed development
complies with the requirements and standards of this local law.
4.
Plot Plan for multi family dwelling, accessory uses (excluding home
occupations), commercial uses, industrial uses, or any conditional
permit uses shall be submitted to and shall be reviewed by the Building
Inspector only after the Village Planning Board has approved the site
plan for said use pursuant to the Site Plan Review Law of the Village
of Hoosick Falls.
1.
In making its report, the Planning Board shall consider the impact
of the proposed change on both the vicinity and community and the
consistency of the change with objectives of both the district and
local law as a whole.
2.
The Planning Board report shall include a full statement of the reasons
for its recommendations.
3.
The referring Board may act without the Planning report only if the
Planning Board fails to report within a period of forty-five (45)
days from the date of its receipt of the referral, or such longer
period of time mutually agreed upon by both Boards.
1.
In accordance with provisions of paragraphs l and m of Section 239,
Article 12-B of the General Municipal Law, all proposed Conditional
Use Permits, Variances, Site Plans, Interpretations and Amendments
which would change the district classification or requirements applying
to land lying within a distance of five hundred (500) feet of the
following locations shall be referred to the Rensselaer County Bureau
of Planning for review:
a.
Any municipality.
b.
Any county or state park or recreation area.
c.
The right of way of any county or state parkway, thruway, expressway,
road or highway.
d.
The right of way of any stream or drainage channel owned by the county
or for which the county has established channel lines.
e.
Any county or state owned land upon which a public building is situated.
f.
The boundary of a farm operation located in an Agricultural District,
as defined by Article 25-AA of the Agriculture and Markets Law.
2.
The appropriate local Board shall take no action on such proposed
Conditional Use Permit or Variance or Amendment until the Rensselaer
County Bureau of Planning recommendation has been received or a period
of thirty (30) days, or a mutually agreed upon extension to facilitate
more thorough review or to overcome extenuating circumstances, has
elapsed after receipt by the Rensselaer County Bureau of Planning
of the full statement of information pertaining to the proposed changes.
3.
If the Rensselaer County Bureau of Planning recommends disapproval
or substantial modification, the appropriate Board may act contrary
to the recommendation only by a vote of a majority plus one (1) of
the entire Board and by adopting a resolution fully setting forth
the reasons for such contrary action.
4.
Within seven (7) days after final action by the appropriate local
Board, the Board must file a report within of its action with the
Rensselaer County Bureau of Planning.
1.
Interpretation: In interpretation and application, the provisions
of this local law shall be held to be minimum requirements, adopted
for the promotion of the public health, morals, safety and general
welfare. Whenever the requirements of this local law are at variance
with the requirements of any other lawfully adopted rules, regulations
or local laws, the most restrictive, or that imposing the higher standards,
shall govern.
2.
Separate Validity: Should the courts decide any term, section or
provision of this local law to be unconstitutional or invalid, such
decision shall not affect the validity of the local law as a whole
or any part other than the part decided to be unconstitutional or
invalid.
3.
Annexation: Coincident with incorporation into the Village, annexed
properties shall be designated as being within a zoning district of
a classification the same as or compatible with adjacent properties
within the Village.
4.
Penalties for Violation:
a.
Any person, corporation, partnership, association, or other legal
entity who shall violate any of the provisions of this law, or any
conditions imposed by a permit pursuant hereto, shall be guilty of
an offense and subject to a fine of not more than a fine of fifty
dollars ($50.00) or by fifteen (15) days imprisonment or by both such
fine and imprisonment for the first offense. Any subsequent violations
shall be a Class B misdemeanor and shall be punishable by a fine of
one hundred dollars ($100.00) and/or by fifteen (15) days imprisonment
or by both such fine and imprisonment.
b.
Each month a violation continues shall constitute a separate and
distinct offense.
1.
ESTABLISHMENT.
a.
Pursuant to 7-712 of the Village Law and the provisions specified
in this section, the Village Board of Trustees shall establish a Zoning
Board of Appeals to interpret and judge the application of the provisions
of this local law, and to grant or deny conditional use permits and
variances.
b.
Members.
(1)
The Zoning Board of Appeals shall consist of five (5) members,
one (1) of whom the Village Board of Trustees shall appoint Chairman
for a period of three (3) years.
(2)
The current members of the Zoning Board of Appeals shall complete
their terms.
(3)
The Village Board of Trustees shall appoint succeeding members
for terms of three (3) years from and after the expiration of the
terms of their predecessors in office.
(4)
If a vacancy shall occur otherwise than by expiration of term,
the Village Board of Trustees shall fill the position by appointment
for the unexpired term.
(5)
A member of the Zoning Board of Appeals shall not at the same
time be a member of the Village Board of Trustees.
(6)
The Village Board of Trustees shall have the power to remove
any member of the Zoning Board of Appeals for cause after public hearing.
c.
Operations.
(1)
Subject to Village Board of Trustees approval, the Zoning Board
of Appeals shall have the power to make, promulgate and adopt written
rules, procedures, by-laws or forms necessary for the proper execution
of duties and for securing the intent of the ordinance.
(2)
The Village Board of Trustees shall provide necessary and proper
expense for the conduct of the Zoning Board of Appeals, and the Zoning
Board of Appeals shall not incur expenses beyond the amount of appropriation.
(3)
The Zoning Board of Appeals may employ duties of necessary clerical
or other staff.
d.
Meetings.
(1)
The Zoning Board of Appeals shall hold all meetings at the call
of the Chairman or at other times that the Board may determine.
(2)
All meetings and hearings shall be open to the public.
(3)
The Chairman, or in his absence the Deputy Chairman, whom the
Village Board of Trustees shall also appoint, may administer oaths
and compel the attendance of witnesses.
e.
Minutes.
(1)
The Zoning Board of Appeals shall keep proper minutes of its
proceedings and records of its examinations and other official actions.
(2)
The minutes shall show the vote of each member on every question,
and if a member is absent or fails to vote, the minutes shall indicate
that fact.
(3)
The Zoning Board of Appeals shall promptly file record of every
determination and action with the Village Clerk to be a matter of
public record.
2.
POWERS AND DUTIES.
a.
Interpretation: Considering the intent and objectives of the local
law as a whole and the districts, the Zoning Board of Appeals shall
interpret and judge the application of the provisions of the local
law in cases where uncertainty exists.
b.
Appeals: The Zoning Board of Appeals shall hear and decide appeals
and review any order, requirement, decision or determination made
by the Building Inspector or forwarded by the Planning Board under
this local law.
c.
Conditional Use Permits: The Zoning Board of Appeals shall grant
or deny conditional use permits for conditional uses specified in
the districts according to this local law.
d.
Variances: The Zoning Board of Appeals shall grant or deny variances
to modify the application of any of the regulations or provisions
of this local law in cases where literal application and strict enforcement
would result in practical difficulty or unnecessary hardship.
3.
CRITERIA: CONDITIONAL USE PERMITS.
a.
Conditional uses possess special or unusual characteristics which
require that each individual use shall be permitted only upon receiving
in each case a Conditional Use Permit.
(1)
A Conditional use Permit shall not be issued for a property
to authorize an existing violation of this local law.
(2)
Each Conditional Use Permit shall authorize only for a particular
use on one (1) certain lot.
(3)
A separate Conditional Use Permit shall be required for each
change of use or structural alteration or addition to a conditional
use.
b.
In addition to compliance with all use, area and bulk, and supplementary
regulations applicable to the district within which the proposed use
is to be situated, conditional uses shall conform to the additional
general and specific standards set forth in Section VII of this local
law.
c.
In accordance with the objectives of this local law, any of the standards
specified in Section VII may be waived or modified.
4.
CRITERIA: VARIANCES. The Zoning Board of Appeals shall base the granting
of a Variance upon the following criteria and may apply any additional
conditions appropriate to particular circumstances in specific cases.
a.
Use Variances.
(1)
The applicant must provide conclusive evidence that strict enforcement
of the use regulations results in unnecessary hardship; that is the
land cannot yield a reasonable return if used only for a permitted
use in that zone or for the continuation of an existing non-conforming
use.
(2)
The Zoning Board of Appeals must determine that the granting
of the use variance:
(a)
Is due to unique circumstances or special conditions that apply
to the subject land or structures and do not apply generally to land
or structures in the vicinity and district.
(b)
Will be in harmony with the general purpose and intent of the
local law and will not alter the essential character of the locality.
(c)
Shall not constitute a grant of special privilege inconsistent
with the limitations upon the other properties in the vicinity and
district.
(d)
Is the minimum variance to accomplish these goals.
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(1)
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No such use variance shall be granted by a 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 Zoning
Board of Appeals that for each and every permitted use under the zoning
regulations for the particular district where the property is located:
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(a)
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The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence;
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(b)
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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;
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(c)
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That the requested use variance, if granted, will not alter
the essential character of the neighborhood; and
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(d)
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That the alleged hardship has not been self-created.]
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b.
Area Variances.
(1)
The applicant must demonstrate that literal application of the
area and bulk regulations or related supplementary regulations would
result in practical difficulty to development.
(2)
The Board shall consider the following guidelines for granting
an area variance.
(a)
How substantial the variance is in relation to the requirement.
(b)
The effect of increased population density produced on available
public facilities and services.
(c)
Whether a substantial change will be produced in the character
of the neighborhood or a substantial detriment to adjoining properties
created.
(d)
Whether the difficulty can be obviated by some method, feasible
for the applicant to pursue, other than a variance.
(e)
Whether in view of the manner in which the difficulty arose
and in consideration of all the above factors, the interests of justice
will be served.
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(1)
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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:
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(a)
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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;
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(b)
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Whether the benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than an
area variance;
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(c)
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Whether the requested area variance is substantial;
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(d)
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Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district; and
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(e)
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Whether the alleged difficulty was self- created; which consideration
shall be relevant to the decision of the Zoning Board of Appeals,
but shall not necessarily preclude the granting of the area variance.
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(2)
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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.
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5.
GENERAL PROCEDURE.
a.
Appeals.
(1)
The appellant shall file notice of the appeal with the Building
Inspector and the Secretary of the Zoning Board of Appeals in writing
within a period of time prescribed by the Zoning Board of Appeals
by general rule.
(a)
An appeal stays all proceedings in furtherance of the action
under appeal.
(b)
If the Building Inspector files a certificate with the Zoning
Board of Appeals stating the facts and supporting reasons that a stay
would cause imminent peril to life or property, issuance of a restraining
order indicating due cause, and giving notice to the Building Inspector
by the Zoning Board of Appeals or a court of record shall be required
to stay proceedings.
(2)
The required filing fee shall accompany the filing of the notice
of appeal.
(3)
The Building Inspector shall promptly transmit to the Zoning
Board of Appeals all pertinent papers which constitute the record
of the action under appeal.
(4)
The Zoning Board of Appeals shall set a reasonable date and
place for a public hearing and shall give proper public notice of
the hearing.
(5)
The Zoning Board of Appeals shall hear the appeal and shall
vote within sixty (60) days following the hearing or any additional
hearings which may be necessary.
(6)
If the action by the Zoning Board of Appeals is to reverse in
whole the action of the Building Inspector, the filing fee shall be
refunded to the applicant.
b.
Conditional Use Permits and Variances.
(1)
The applicant shall file the appropriate application with the
Building Inspector or Village Clerk in writing.
(2)
The required filing fee and the prescribed number of copies
of the required plot plan shall accompany the application.
(3)
The Zoning Board of Appeals shall refer the application and
all pertinent information to the Village Planning Board for report
and recommendation to be considered by the Zoning Board of Appeals
prior to its public hearing.
(4)
The Zoning Board of Appeals shall refer all applications which
meet the criteria of paragraphs l and m of Section 239, Article 12-B
of the General Municipal Law to the Rensselaer County Bureau of Planning
for report and recommendation to be considered by the Zoning Board
of Appeals at least ten (10) days prior to its public hearing.
(5)
The Zoning Board of Appeals shall set a reasonable date and
place for a public hearing and give required public notice of the
hearing.
(6)
The Zoning Board of Appeals shall hold the public hearing vote
within sixty (60) days following the hearing or any additional hearings
which might prove necessary.
(7)
The Zoning Board of Appeals shall promptly file a copy of the
decision with the Village Clerk and mail a copy to the applicant to
the applicant or appellant.
(8)
Except in the case of certified military duty or illness, a
conditional use permit or variance which is not exercised within one
(1) year from the date of issuance shall be deemed revoked without
further notice.
(9)
Except in the case of certified military duty or illness, a
conditional use permit or variance shall expire if the variance use
ceases for any reason for a period exceeding one (1) year.
6.
DETAILS OF PROCEDURE.
a.
Application and Appeals.
(1)
All applications and appeals shall be in writing in a form required
by the Zoning Board of Appeals.
(2)
All applications and appeals shall refer to the specific provision
of the local law involved and shall exactly set forth the interpretation
that is claimed or the details of the variance applied for and the
grounds supporting the claim.
b.
Public Notice and Hearing.
(1)
At least fifteen (15) days prior to the hearing, the Zoning
Board of Appeals shall publish a notice of application of appeal in
the official newspaper of the Village.
(2)
At least ten (10) days prior to the hearing, the Zoning Board
of Appeals shall give required written notice and instructions to
appear at the hearing in person or by agent or attorney to the applicant
or appellant.
c.
At least ten (10) days prior to the hearing, the Zoning Board of
Appeals shall give required written notice to property owners in an
affected area as may be prescribed by the Zoning Board of Appeals.
d.
At least ten (10) days prior to the hearing, the Zoning Board of
Appeals shall give required written notice to the Village Planning
Board.
e.
The Zoning Board of Appeals shall give required written notice to
any municipal, county, regional, state, federal or other agency in
a manner prescribed by law.
7.
VOTING.
a.
The concurring vote of a majority of all members of the Zoning Board
of Appeals shall be required to decide in favor of the applicant in
granting any appeal, conditional use permit, or variance or in any
matter upon which the body is required to act.
b.
For those applications or appeals which have been referred to the
Rensselaer County Bureau of Planning under Section 289 of the General
Municipal Law and for which the Bureau of Planning recommends disapproval
or substantial modification, the Zoning Board of Appeals may act contrary
to the recommendation only by a favorable vote of all five (5) members
a supermajority of the Zoning Board of Appeals and by adopting a resolution
fully setting forth the reasons for such contrary action.
8.
RELIEF FROM DECISIONS OF THE ZONING BOARD OF APPEALS.
a.
Any applicant or appellant aggrieved by any decision of the Zoning
Board of Appeals may apply to the New York State Supreme Court for
relief by a proceeding under Article 78 of the Civil Procedure Law
and Rules of New York State.
b.
The proceedings shall be governed by the provisions of Article 78
and the following provisions.
(1)
The proceedings must be instituted within thirty (30) days after
the filing of a decision the office of the Village Clerk.
(2)
The court may take evidence, or may appoint a referee to take
such evidence with his findings of fact and conclusions of law, if
testimony appears to be necessary for the proper disposition of the
matter.
(3)
The court at special term shall itself dispose of the cause
on the merits, determining all questions that may be present for determination.
c.
Costs shall not be allowed against the Zoning Board of Appeals unless
the court determines that the Board acted with gross negligence, in
bad faith, or in malice in making the decision under appeal.
