Where practical difficulties, unnecessary hardships
and results inconsistent with the general purposes of this chapter
may result from the strict application of certain provisions thereof,
variances may be granted as provided in this section.
Any permitted variance to this chapter shall
be authorized by the Zoning Board of Appeals in accordance with the
standards and procedures set forth in this section and/or the laws
of the State of New York. In granting a variance, the Board of Appeals
may impose conditions similar to those provided for conditional uses
to protect the best interests of the surrounding property, the neighborhood
or the Town as a whole.
A property owner(s) or his agent(s) may initiate
a request for a variance by filing an application with the authorized
official, using forms provided by the Town for such requests. Such
application shall be accompanied by either a legal description or
tape location map of the property and, as deemed necessary by the
Board of Appeals, plans and elevations necessary to show the proposed
variance, other drawings or information necessary to an understanding
of the proposed use and its relationship to surrounding properties
and a filing fee as required in the Town's fee schedule, established
by Town Board resolution.
[Amended 9-7-1999 by L.L. No. 2-1999]
The Board of Appeals may grant area and use
variances from the terms of this chapter only in the event that all
of the circumstances as provided in Town Law § 267-b, Subdivisions
2 and 3, exist.
[Amended 9-7-1999 by L.L. No. 2-1999]
Before the Board of Appeals may act on a request for a variance, it shall hold a public hearing. Notice of said hearing shall be given as provided in § 190-176, and a decision shall be rendered within 62 days of the final hearing date.
The Board of Appeals shall, in writing, notify
the applicant for a variance of the Board's decision, within five
days after the decision has been rendered. A building permit must
be obtained within six months of the decision date; substantial construction
must start within one year.
