Question 1

How do I know if I will need planning or zoning board approval?

Accepted Answer

The city's zoning ordinance defines which projects will need to go through the planning and zoning boards.
 
If you would like the Planning Department to make a determination on whether or not your project will need these approvals, please submit a zoning verification letter request form indicating the property address, your proposed use, and all other information requested.

Question 2

How long does the planning and zoning process take?

Accepted Answer

Because meetings are held once per month for each board, please be prepared for your approval process to take between 45-60 days.
 
For projects of a larger scale, applicants should be prepared for a multi-step process that accounts for preliminary site plan approval, zoning variances, and final site plan approval before obtaining building permits. This process can take up to a year depending on the project's scale.

Question 3

How do I know if my project is minor or major?

Accepted Answer

Projects that are less than 3,000 sq. ft. or considered Type II SEQR actions are often considered "minor". 
 
Projects that are more than 3,000 sq. ft. or considered Type I or Unlisted SEQR actions are often considered "major".
 
Please note that scale is determined on a project-by-project basis. Your determination of scale will be provided in your Zoning Verification Letter.

Question 4

I am moving my business into a turn-key storefront, do I need planning or zoning board approval if I'm not making any changes to the building?

Accepted Answer

Applicants with proposals that do not require changes to the exterior of the building such as changes of use/change in tenants are likely to require Administrative action for minor site plan approval. 
 
Administrative action is permissible per the city's zoning ordinance and allows the Director of Planning to grant minor site plan approval. If you would like to request administrative action, please make an appointment with the Building and Zoning Administrator to walk through your building and determine if your project is eligible.

In order to avoid recieving tickets, stop work orders, or orders to vacate, inquire with the City Planning Department before moving your business to Rensselaer.  This also helps us keep track of new businesses and if necessary, connect businesses with resources to help establish and expand their presence in the City!

Question 5

I have recieved planning approval for my residential project, now what?

Accepted Answer

Residential projects that have received all necessary planning approvals will become eligible to apply for building permits.
 
Please note that all residential projects that involve rental units are required to submit for the Rental Dwelling Registry and obtain Certificates of Occupancy for each unit that will be rented.
 
Please contact the Building Department at (518) 465-1693 for assistance.

Question 6

I have recieved planning approval for my commercial/mixed use project, now what?

Accepted Answer

Commercial/mixed use projects that have received all necessary planning approvals will become eligible to apply for building permits. All permitted work will require inspections. Failure to have your permitted work inspected may result in a stop work order and other fees/fines. 
 
All mixed use projects that involve rental units are required to submit for the Rental Dwelling Registry and obtain Certificates of Occupancy for each unit that will be rented.
  
Please contact the Building Department at (518) 465-1693 for assistance.

Question 7

Does my planning/zoning approval expire?

Accepted Answer

Yes, all approvals have expiration dates. Please see below.

§179-77.  Expiration of site plan approval.

A.  Termination.
(I)        Such site plan approval  will automatically  terminate one year after the same is granted  unless a building permit has been issued and significant work has been commenced on the project. Building permits shall expire one year after the same is granted.
(2)        Such site plan approval  may be terminated for cause at any time after 10 written notice to the applicant.
(3)        Such site plan approval  will terminate if a property remains vacant for more than one year.

B.   Extension.
(I)	Prior to termination  of site plan approval, an applicant may file for an extension of site plan approval  for the period of six  months upon !be approval of the Planning Commission  and Building and  Zoning Administrator. Prior to expiration  of such extension, an applicant may apply for one 
additional extension.

C.  Renewal.
(I) 	Within one (I)  year of the expiration of site plan approval and any extension hereto, an applicant may apply for renewal  of site plan approval for a period not to exceed one year from approval of such renewal.

179-89. Expiration  of variances

A. Variances.
(l)   When an area variance is granted  by the Zoning Board of Appeals, which enables an applicant  to do construction  which requires a building permit, or a use variance is granted  by the Zoning Board of Appeals and construction which requires a building permit is necessary for conversion to the use for which the variance is granted, and the applicant has not obtained a building permit to construe! the building or par! thereof for which the variance has been granted and initiated  the construction  work within one (I)  year from the date of the granting of the variance, said variance shall become void.

(2)  When an area variance is granted  by the Zoning Board of Appeals, which enables an applicant  to do construction  which  requires a building permit, or a use variance is granted by the Zoning Board of Appeals and construction  which requires a building permit  is necessary for conversion lo 
the use for which the variance is granted  and a building permit to construct the building or part thereof for which the variance has been granted  has been obtained, and the construction has not been substantially completed prior lo the expiration of the building permit, said variance shall become void.

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