The purpose of this article is to provide for
variances from this chapter in cases where the strict application
thereof would result in practical difficulties or unnecessary hardships
inconsistent with the general purpose and objectives of this chapter.
Any variance to this chapter shall be granted
by the Zoning Board of Appeals in accordance with the standards and
procedures set forth in this article. In granting a variance, the
Zoning Board of Appeals may impose conditions to protect the best
interests of the surrounding property, the neighborhood and the Town
as a whole.
Variances may be instituted by filing an application with the Zoning Board of Appeals, using forms supplied by the Board, which shall include all information reasonably considered by the Board as necessary to make its findings under §
210-126 below. Such material shall include a legal description of the property, a map showing the property and all properties within a radius of 500 feet of the exterior boundaries thereof, plans and elevations necessary to show the proposed variance and other drawings or information reasonably considered necessary by the Board of Appeals to an understanding of the proposed use and its relationship to surrounding properties.
The Zoning Board of Appeals shall have the powers
and authority to modify any order, requirement, decision, interpretation
or determination of the Code Enforcement Officer and grant use or
area variances in accordance with the provisions and requirements
of §§ 267-a and 267-b of the Town Law of the State
of New York.
Unless otherwise specified or extended by the
Zoning Board of Appeals, a decision on any request for a variance
shall expire if the applicant fails to undertake the proposed action
or project, to obtain any necessary building permit to construct any
proposed new building(s) or change any existing building(s), or to
comply with the conditions of said authorization within one year from
the filing date of such decision thereof.