A.
It shall
be the role of the Zoning Officer to keep a record of all applications
for permits and a record of all permits issued with a notification
of all special uses relating thereto. Such records shall be filed
by the Zoning Officer and shall be available for review by the Common
Council of the City of Cohoes and the City Clerk.
B.
The Planning
Board of the City of Cohoes shall issue no permit for the use of any
property not in conformity with the requirements of this chapter and
all other regulations of the City of Cohoes.
A.
For the purpose of this chapter, it shall be the duty of the Zoning
Officer, and any duly authorized assistants, to cause any plans, buildings
or premises to be examined or inspected to determine that they are
not in violation of the provisions of this chapter and to issue certificates
and permits as outlined in the following section.
B.
If, in the course of work, the Zoning Officer determines that any
plans, buildings or premises are in violation of the provisions of
this chapter, he/she shall order the responsible party in writing
to remedy such conditions. Said written order shall specify the nature
of the violation found to exist, the remedy ordered and the time permitted
for such action, the penalties and the remedies which may be invoked,
and the violator's right of appeal, all as provided for by this
chapter.
C.
These regulations are in accordance with the City's long-term
planning goals and have been made with reasonable concern for the
character of each district and its suitability for particular uses.
D.
On the serving of notice by the Zoning Officer to the owner of any
property in violation of any of the provisions of this chapter, the
certificate of occupancy for such building or use shall be held null
and void. A new certificate of occupancy shall be required for any
use of such building or premises.
E.
The Zoning Officer shall maintain a permanent record of all matters
and all actions taken. Such records shall be available for review
by the Common Council and other municipal officials and shall be available
for inspection by the public.
A.
The certificates and permits enumerated herein are hereby established
for the equitable enforcement and administration of the provisions
of this chapter. A building permit or special use permit shall be
prerequisite to the erection or alteration of a building structure
or use thereof, but only if the alteration increases the dimensions
or changes the use of existing facilities thereof.
B.
Building permit. The Zoning Officer is hereby empowered to issue
a building permit for any plans regarding the construction or alteration
of any building or part of any building, or the change in the use
of any land or building or part thereof, where it has been determined
that such plans are not in violation of the provisions of this chapter
or the New York State Uniform Fire Prevention and Building Code.
C.
Special use permit. Upon written direction of the Planning Board, the Zoning Officer is hereby empowered to issue any special use permit provided for by this chapter after site plan review, if required as specified in § 285-123. Special use permits are those uses having some special impact or uniqueness which requires a careful review of their location, design, configuration and desirability on any given site. They are uses which may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect. A special use permit may be issued with conditions, including requirements for review and renewal, based upon careful review by the Planning Board. (See § 285-20D.)
D.
Certificate of occupancy. The Zoning Officer is hereby empowered
to issue a certificate of occupancy (CO), which shall certify that
the building, structure, or premises substantially complies with the
building plans and design specifications submitted to, and approved
by, the City, that all provisions pursuant to this chapter have been
satisfied, and that the building, structure, or premises is thereby
suitable for occupancy. The building, structure, or premises must
also be in compliance with the New York State Uniform Fire Prevention
and Building Code prior to receipt of a CO.
E.
Certificate of appropriateness. A certificate of appropriateness is required to certify that provisions of this chapter have been complied with in respect to the special approval required for the erection, modification, demolition, alteration or restoration of new or existing buildings or structures in the Historic Overlay District. When a certificate of appropriateness is required, a certificate in accordance with § 285-44 must be granted before a building permit, sign permit, fence permit, or demolition permit can be issued.
F.
Certificate of completion. The Zoning Officer is hereby empowered
to issue a certificate of completion, which shall signify that all
work completed under a building permit issued by the Code Enforcement
Office was completed in accordance with the New York State Uniform
Fire Prevention and Building Code.
G.
Zoning confirmation letter. The Zoning Officer is hereby empowered
to issue a zoning confirmation letter, which shall verify conformance
with City zoning regulations applicable to the specific property.
The letter may include a description of the current zoning, a summary
of uses allowed within the zoning, details of applicable building
permit and land use history, current zoning requirements, parking
and landscaping requirements, and responses to specific questions.
A.
Procedures for a building permit.
(1)
All applications for a building permit shall be made to the Zoning Officer in the detail specified in § 285-10 of this article and shall be in compliance with the New York State Uniform Fire Prevention and Building Code.
(a)
Where the proposed use is a permitted single- or two-family
residential use, the Zoning Officer shall carefully consider the application
for compliance with this chapter and either issue or deny a building
permit.
(b)
When the application is for any other use in any district, a preliminary site plan application, in accordance with Article XIV, shall be also required, in addition to the building permit application, and the Planning Board shall be responsible for reviewing compliance with this chapter and directing the Zoning Officer to approve, approve with conditions, or deny a building permit application.
(2)
Building permits shall be issued in duplicate, and one copy shall
be posted conspicuously on the premises while any alterations are
being completed.
B.
Procedures for appeal. Should an applicant choose to appeal a decision
by the Zoning Officer to deny issuance of a building permit, an application
for an appeal shall be filled out, submitted along with supporting
documents to the Zoning Officer for referral to the Zoning Board of
Appeals for action. Where applicable under §§ 239-m
and 239-n of the General Municipal Law, one copy of the application
shall also be submitted to the County Planning Board.
C.
Procedures for special use permit. All applications for special use
permits shall be made to the Zoning Officer. The Zoning Officer, after
determining that an application is in proper form, shall transmit
one copy of the application and all supporting documents to the Planning
Board for action thereon. Where applicable under §§ 239-m
and 239-n of the General Municipal Law, one copy of the application
shall also be submitted to the County Planning Board.
D.
Procedures for a certificate of occupancy. Following the completion
of the construction, reconstruction or alteration of any building
or where a change in the use of a structure is proposed, the applicant
shall transmit by registered mail or deliver in person to the Zoning
Officer a letter stating that such construction has been completed
or that a new use has been proposed. Within seven days of the receipt
of this letter, the Zoning Officer shall make all necessary inspections
of the completed structure or proposed use to determine the conformance
with this chapter. A certificate of occupancy shall be issued only
if the Zoning Officer finds that the construction or proposed use
complies with all the requirements and provisions of this chapter.
E.
Procedures for a certificate of appropriateness. Applications for
certificates of appropriateness shall be made to the Zoning Officer,
on forms provided, at least 15 days prior to the next scheduled meeting
of the Historic Preservation and Architectural Review Board.
A.
Application for a building permit (where site plan review is not
required). Each application for a building permit shall be made on
forms available from the Zoning Officer. The materials to be submitted
with the application shall clearly show the conditions of the site
at the time of the application, the features of the site which are
to be incorporated into the proposed use or building and the appearance
and function of the proposed use or building. At a minimum, the application
shall include the following information and plans for both "before"
and "after" conditions.
B.
Application for a special use permit. Each application for a special
use permit shall be made on forms available from the Zoning Officer
and shall contain at least the following information:
(1)
The applicant's name and address and interest in the subject
property.
(2)
The owner's name and address, if different than the applicant,
and the owner's signed consent to the filing of the application.
(3)
The street address or legal description of the subject property.
(5)
A written statement addressing each of the standards set forth in § 285-20D and stating specifically how the proposed special use permit relates to and meets each such standard.
(6)
Any additional information which may be required to demonstrate compliance
with any additional standards imposed on the special use permit by
the particular provision of this chapter authorizing the special use.
Each application for a permit provided for by this article shall be accompanied by a fee, payable in cash or other form of security, approved by the Municipal Attorney in accordance with the schedule established by resolution of the Common Council. The fee schedule is provided in Chapter A290 of the City's Code, and is available at the City Clerk's office.
Certain actions related to appeals, permits, and site plan review
require public hearings to be held. The Zoning Board of Appeals shall
conduct a public hearing on applications referred to it by the Zoning
Officer in accordance with the procedures and requirements established
in General City Law § 81-a for appeals. The Planning Board
shall hold a public hearing on applications referred to it in accordance
with the procedures and requirements established in General City Law
§§ 27-a and 27-b for special use permit and/or site
plan review. Public notice of all such hearings shall be printed in
an official newspaper of general circulation at least five days prior
to the date of the hearing. Specific notice requirements for hearings
vary as outlined in the appropriate sections of this chapter.
Within 62 days from the date of such public hearing, and following
a report back by the County Planning Board when applicable, the Planning
Board shall by resolution either approve, approve with conditions
or disapprove the application so heard. The time within which the
Planning Board must render its decision may be extended by mutual
consent of the applicant and the Board. In approving the application
for a special use permit, the Board may impose reasonable conditions
and restrictions directly related and incidental to the proposed special
use permit.
A.
If an application is approved by the Planning Board, the Zoning Officer
shall be furnished with a copy of the approving resolution of the
Board and shall issue the permit applied for in accordance with the
conditions imposed by the Board.
B.
If any application is disapproved by the Planning Board, the reasons
for such denial shall be set forth in the Board's resolution,
and a copy of such resolution shall be transmitted to the Zoning Officer.
The Zoning Officer shall deny the application accordingly by providing
the applicant with a copy of the Board's reasons for disapproval
and the procedures for appeal.
C.
The City Clerk shall maintain a record of all approved or denied
applications. Such permanent record shall be available to the Common
Council, the Planning Board, the Zoning Officer and, where applicable,
the County Planning Board.
A.
A zoning or special use permit shall expire if the zoning or special
use permit is not commenced and diligently pursued within 12 months
of the date of the zoning or the special use permit issuance or the
activity ceases for more than 12 months for any reason, or a more
restrictive time period of revocation can be placed as a condition
of the issued zoning or special use permit by the Planning Board at
its discretion.
B.
Upon prior written request to the Planning Board, the time period
to fully implement the activity authorized per the zoning or special
use permit may be extended for a period of one additional calendar
year for a total of 12 months from the date of the resolution approving
the zoning or special permit, either through a single extension of
one calendar year or the combination of two or more extensions, not
to exceed five extensions. The Planning Board may hold a public hearing
prior to granting any extension.
C.
Amendments to zoning or special permits. The terms and conditions
of any zoning or special permit may be amended in the same manner
as required for issuance of a zoning or special permit, following
the criteria and procedures of this chapter.
