A.
A Zoning Board of Appeals, pursuant to General City Law § 81,
is hereby created by the Common Council of the City of Cohoes.
B.
Appointment of members. The Zoning Board of Appeals shall consist
of five members and up to two alternates. The Mayor shall designate
the Chairperson thereof. In the absence of a Chairperson, the Board
of Appeals may designate a member to serve as Acting Chairperson.
C.
Appropriation for Zoning Board of Appeals. The Common Council is
hereby authorized and empowered to make such appropriation as it may
see fit for the Zoning Board of Appeals' expenses. Such charges
and expenses less fees, if any collected, shall be a charge upon the
taxable property and shall be assessed, levied and collected. The
Zoning Board of Appeals shall have the power and authority to employ
experts, clerks and a secretary and to pay for their services, and
to provide for such other expenses as may be necessary and proper,
not exceeding in all the appropriation that may be made therefor by
the Common Council for such Zoning Board of Appeals.
D.
Common Council members ineligible. No person who is a member of the
Common Council shall be eligible for membership on the Board of Appeals.
E.
Terms of members first appointed. In the creation of a new Board
of Appeals, or the reestablishment of terms of an existing Board,
the appointment of members to the Board shall be for terms so fixed
that one member's term shall expire at the end of each year thereafter.
At the expiration of each original member's appointment, the
replacement member shall be appointed for a five-year term.
F.
Vacancy in office. If a vacancy shall occur otherwise than by expiration
of term, the Mayor shall appoint the new member for the unexpired
term.
G.
Removal of members. The Mayor shall have the power to remove, after public hearing, any member of the Zoning Board of Appeals for cause. Any Zoning Board of Appeals member may be removed for noncompliance with minimum requirements relating to meeting attendance and training as established by the Common Council by local law or ordinance and as set forth in § 285-16 of this article.
H.
Chairperson duties. All meetings of the Board of Appeals shall be
held at the call of the Chairperson and at such other times as such
Board may determine. Such Chairperson, or in his or her absence, the
Acting Chairperson, may administer oaths and compel the attendance
of witnesses.
A.
Training. Each Board member is required to complete four hours of
training per calendar year. At the discretion of the remaining members
or the Mayor, failure to comply with this requirement may be grounds
for recommending removal from the Board. Any training program or course
provided by a county planning board, state agency, statewide municipal
association, college or law school or a similar entity, or any course
approved for professional continuing educational credits shall be
considered "training" for the purposes of this subsection. Training
may be provided in various formats, including but not limited to traditional
classroom, electronic media, video, or distance learning.
B.
Attendance. Each Board member shall be required to attend 75% of
the scheduled meetings in each calendar year. At the discretion of
the Mayor, failure to attend the required number of meetings may be
grounds for removal from the Board. In addition, failure to attend
three consecutive meetings may be grounds for removal from the Board.
C.
Compensation. The Common Council may, as part of the annual budget,
provide for the compensation of Zoning Board of Appeals members and
alternates. If compensation is provided for, it shall be on a per-meeting-attended
basis. In addition, the City shall provide reimbursement for all approved
training and out-of-pocket expenses associated therewith.
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.
A.
A Planning Board, pursuant to General City Law § 27, is
hereby created by the Common Council of the City of Cohoes.
B.
Authorization. The Planning Board shall consist of five members and
up to two alternates. The Mayor shall appoint the members of such
Board and designate the Chairperson thereof. In the absence of a Chairperson,
the Planning Board may designate a member to serve as Chairperson.
C.
Appropriation for Planning Board. The Common Council is hereby authorized and empowered to make such appropriation as it may see fit for Planning Board expenses. Such charges and expenses less fees, if any collected, shall be a charge upon the taxable property and shall be assessed, levied and collected. The Planning Board shall have the power and authority to employ experts, clerks and a secretary and to pay for their services, and to provide for such other expenses as may be necessary and proper, not exceeding in all the appropriation that may be made therefor by the Common Council for such Planning Board. The Planning Board shall also have the power to open an escrow account for the collection of reimbursable fees pursuant to § 285-132.
D.
Common Council members ineligible. No person who is a member of the
Common Council shall be eligible for membership on such Planning Board.
E.
Terms of members first appointed. The terms of members of the Board
shall be for terms so fixed that the term of one member shall expire
at the end of the calendar year in which such members were initially
appointed. The terms of the remaining members shall be so fixed that
one term shall expire at the end of each calendar year thereafter.
At the expiration of the term of each member first appointed, his
or her successor shall be appointed for a five-year term.
F.
Vacancy in office. If a vacancy shall occur otherwise than by expiration
of term, the Mayor shall appoint the new member for the unexpired
term.
G.
Removal of members. The Mayor shall have the power to remove, after public hearing, any member of the Planning Board for cause. Any Planning Board member may be removed for noncompliance with minimum requirements relating to meeting attendance and training as established by the Common Council by local law or ordinance and as set forth in § 285-19 of this article.
H.
Chairperson duties. All meetings of the Planning Board shall be held
at the call of the Chairperson and at such other times as such Board
may determine. Such Chairperson, or in his or her absence, the Acting
Chairperson, may administer oaths and compel the attendance of witnesses.
A.
Training. Each Board member is required to complete four hours of
training per calendar year. At the discretion of the remaining members
or the Mayor, failure to comply with this requirement may be grounds
for recommending removal from the Board. Any training program or course
provided by a county planning board, state agency, statewide municipal
association, college or law school or a similar entity, or any course
approved for professional continuing educational credits shall be
considered "training" for the purposes of this subsection. Training
may be provided in various formats, including but not limited to traditional
classroom, electronic media, video, or distance learning.
B.
Attendance. Each Board member shall be required to attend 75% of
the scheduled meetings in each calendar year. At the discretion of
the Mayor, failure to attend the required number of meetings without
good cause may be grounds for removal from the Board. In addition,
failure to attend three consecutive meetings without good cause may
be grounds for removal from the Board.
C.
Compensation. The Common Council may, as part of the annual budget,
provide for the compensation of Planning Board members and alternates.
If compensation is provided for, it shall be on a per-meeting-attended
basis. In addition, the City shall provide reimbursement for all approved
training and out-of-pocket expenses associated therewith.
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.
An Historic Preservation and Architectural Review Board, pursuant
to General Municipal Law § 119-dd, is hereby created by
the Common Council of the City of Cohoes.
B.
Authorization. The Historic Preservation and Architectural Review
Board shall consist of five members and up to two alternates. The
Mayor shall appoint the members of such Board and designate the Chairperson
thereof. In the absence of a Chairperson, the Historic Preservation
and Architectural Review Board may designate a member to serve as
Chairperson.
C.
Appropriation for Historic Preservation and Architectural Review
Board. The Common Council is hereby authorized and empowered to make
such appropriation as it may see fit for Historic Preservation and
Architectural Review Board expenses. Such charges and expenses less
fees, if any collected, shall be a charge upon the taxable property
and shall be assessed, levied and collected. The Board shall have
the power and authority to employ experts, clerks and a secretary
and to pay for their services, and to provide for such other expenses
as may be necessary and proper, not exceeding in all the appropriation
that may be made therefor by the Common Council for such Board.
D.
Common Council members ineligible. No person who is a member of the
Common Council shall be eligible for membership on such Historic Preservation
and Architectural Review Board.
E.
Terms of members first appointed. The terms of members of the Board
shall be for terms so fixed that the term of one member shall expire
at the end of the calendar year in which such members were initially
appointed. The terms of the remaining members shall be so fixed that
one term shall expire at the end of each calendar year thereafter.
At the expiration of the term of each member first appointed, his
or her successor shall be appointed for a five-year term.
F.
Vacancy in office. If a vacancy shall occur otherwise than by expiration
of term, the Mayor shall appoint the new member for the unexpired
term.
G.
Removal of members. The Mayor shall have the power to remove, after
public hearing, any member of the Board for cause.
H.
Chairperson duties. All meetings of the Board shall be held at the
call of the Chairperson and at such other times as such Board may
determine. Such Chairperson, or in his or her absence, the Acting
Chairperson, may administer oaths and compel the attendance of witnesses.
A.
The Mayor shall appoint from its membership a Chairman and such officers
as deemed necessary, who shall serve annual terms as such and who
may succeed themselves. For the conduct of any hearing and the taking
of any action, a quorum shall not be less than a majority of all the
members of the Board.
B.
The Board shall keep a full public record of its proceedings, including
minutes of its proceedings and other official actions, which shall
be filed with the City Clerk.
C.
The Board shall submit a report of its activities to the Common Council
at least once a year.
D.
The Board may recommend to the Common Council the designation of
additional landmarks and properties to be included in the Historic
Overlay Districts.
E.
Limitations. The Historic Preservation and Architectural Review Board
is authorized to review and act upon matters within the Historic Overlay
District and matters related to any designated City landmarks outside
of the Historic Overlay District.
F.
Adoption of criteria for the identification of significant historic,
architectural and cultural landmarks and for delineation of historic
districts.
G.
Conduct of surveys of significant historic, architectural and cultural
landmarks and historic districts within the City of Cohoes.
H.
Making recommendations to the Common Council concerning the utilization
of state, federal or private funds to promote the preservation of
landmarks and historic districts within the City of Cohoes.
A.
In order to be heard by the Board at its next regular meeting, a complete application for a certificate of appropriateness shall be made to the Zoning Officer, on forms provided, at least 15 days prior to the next scheduled meeting. In the event of an appeal pursuant to § 285-23F, a notice of appeal shall be filed with the Zoning Officer at least 15 days prior to the next scheduled meeting.
B.
The Board shall meet at least once a month, provided that there are
applications to consider. However, it need not meet if no applications
are pending for its review.
C.
Professional review. The applicant will provide renderings, site
plans, and other information related to the proposed construction,
renovation or alteration of structures or buildings in the Historic
Overlay District at least 14 days prior to the next Board meeting
for review. A licensed architect familiar with the historic vernacular
of the Historic Overlay District will provide a written review to
the Board prior to the meeting. Any professional fees associated with
projects requiring review by the Historic Preservation and Architectural
Review Board will be the responsibility of the applicant. Fees will
be based upon a percentage of the overall project estimated cost,
not to exceed 5%.
D.
The Board shall vote on any application not later than 62 days after
the conclusion of the hearing on the application unless the time is
extended with the written consent of the applicant.
E.
Upon approval by the Board a certificate of appropriateness shall
be issued within five business days of the decision. A certificate
of appropriateness shall be valid for a period of one year from the
date of the Board's action, unless otherwise specified by the
Board or Council.
F.
In the case of disapproval of an application before the Board, the
Board shall briefly state its reasons in writing, which shall be included
as part of the public record. The Board may make recommendations to
the applicant for reconsideration in the future. In the case of disapproval
accompanied by recommendations, the applicant may again be heard before
the Board, if he files an amended application that addresses the recommendations
of the Board within 90 days.
G.
Any property owner aggrieved by any decision of the Historic Preservation
and Architectural Review Board may present to the Common Council a
notification of appeal within 30 calendar days after the decision
is rendered by the Board. The Common Council shall schedule a public
hearing as part of its consideration of the matter and render a decision
within 62 calendar days after the hearing. The Common Council may
affirm the decision of the Board, or may reverse or modify the Board's
decision, in whole or in part.
H.
The Board shall not reconsider or review, more than once, any decision
it makes within one year of initial application. Multiple applications
submitted for the same property within one year of each other must
be substantially different to warrant review, except for cases of
appeal and amended applications as provided for herein.
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.
A.
The regulations, restrictions, uses and boundaries provided in this
chapter and the Official Map may be amended, supplemented, changed,
modified or repealed in accordance with the provisions of §§ 29
and 83 of General City Law for all property in the City of Cohoes
and all other applicable laws of the State of New York and in accordance
with the following procedures.
B.
Whenever any person, firm or corporation desires that any amendments
or changes be made in this chapter, including the text and/or the
Zoning District Map as to any property in Cohoes, there shall be presented
to the Common Council a petition requesting such change or amendment.
The petition shall clearly describe the property and its boundaries
and shall indicate the existing zoning district and the requested
zoning district. The petition shall also show existing highways, municipal
boundary lines and state parks, names and addresses of all property
owners bordering the proposed change. A filing fee pursuant to regulations
adopted by the Common Council shall be paid at the time of filing
the petition.
C.
All such amendments shall be referred to the Planning Board for review
and recommendation.
