[Amended 11-16-1992 by L.L. No. 3-1992]
A. Use variances.
(1) No variance in the strict application of this chapter shall be granted
by the Board of Appeals unless and until it finds that each of the
following facts and conditions exists:
(a)
That there are physical conditions, including irregularity,
narrowness or shallowness of lot size or shape, or exceptional topographic
or other physical conditions peculiar to and inherent in the particular
zoning lot; and that, as a result of such unique physical conditions,
practical difficulties or unnecessary hardships would arise in complying
strictly with the use of bulk provisions herein; and that the alleged
practical difficulties or unnecessary hardships are not applicable
generally to other lands or structures in the same district.
(b)
That literal interpretation of this provision of this chapter
would deprive the applicant of rights commonly enjoyed by other properties
in the same district under the terms of this chapter.
(c)
That the special conditions and circumstances do not result
from the actions of the applicant.
(d)
That granting the variance requested will not confer on the
applicant any special privilege that is denied by this chapter to
other lands, structures or buildings in the same district.
(e)
That the variance, if authorized, will not alter the essential
character of the neighborhood or district in which the affected property
is located nor substantially or permanently impair the appropriate
use or development of adjacent property nor be detrimental to the
public welfare.
(f)
That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least modification
possible of the regulation involved.
(2) In granting any variance, the Board may require such reasonable conditions
and safeguards as it may deem necessary to implement the purpose of
this chapter.
(3) No nonconforming use of neighboring lands, structures or buildings
in the same district and no permitted or nonconforming use of lands,
structures or buildings in other districts shall be considered grounds
for issuance of a variance.
(4) Under no circumstances shall a variance be granted to allow a use
not permitted in the district involved or any use expressly or by
implication prohibited in said district.
B. Area variances.
(1) Where the strict application of the area standards set forth in this
chapter cause an undue burden or significant economic injury, an area
variance shall be granted unless the public health, safety or welfare
will be served by strict application of the area standard. In considering
whether or not to grant an area standard variance, the Board may consider
the fact that the hardship complained of is self-created. However,
standing alone, the finding that the hardship complained of is self-created
does not foreclose the Board from granting an area standard variance.
(2) In granting any variance, the Board may require such reasonable conditions
and safeguards as it may deem necessary to implement the purpose of
this chapter.
Any variance authorized by the Board which is not exercised
within one year from the date of issuance shall expire automatically
without a further hearing by the Board.
As provided in Article 12-B, § 239-m, of the General
Municipal Law, before final action on amendments, special permits
or variances, referrals shall be made as follows:
A. The matters covered by this section shall include any action which
would affect the regulations applying to property within 500 feet
of the boundary of any city or town or of the boundary of any existing
or proposed county or state park or other recreation area; or of the
right-of-way of any existing or proposed county or state parkway,
thruway, road or highway; or of the existing or proposed right-of-way
of any stream or drainage channel owned by the county or for which
the county has established channel lines; or of the existing or proposed
boundary of any county- or state-owned land on which a public building
or institution is located.
B. Within 30 days after receipt of a full statement of such referred
matter, the referral agency shall report its recommendation thereon
to the municipal agency, accompanied by a full statement of the reasons
for such recommendation. If such agency fails to report within 30
days or such longer period as may have been agreed upon, the municipal
body having jurisdiction may act without such report.
C. If the referral agency disapproves the proposal or recommends modification
thereof, the municipal agency having jurisdiction shall not act contrary
to such disapproval or recommendation, except by a vote of a majority
plus one of all members thereof and after the adoption of a resolution
fully setting forth the reasons for such contrary action.
D. Within seven days after final action, the municipal agency having
jurisdiction on the recommendations, modification or disapproval of
a referred matter shall file, with the agency which made the recommendation,
modification or disapproval, a report of the final action it has taken.
A special permit shall be deemed to authorize only one particular
use and shall expire if the special use shall cease for more than
six months for any reason.
No special use permit shall be issued for a property where there
is an existing violation of this chapter.