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 article.
Any permitted variance to this chapter shall be authorized by the Village 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 similar to those provided for conditional uses § 275-23 to protect the best interests of the surrounding property and the neighborhood or the Village as a whole.
[Amended 3-19-1990 by L.L. No. 4-1990]
A property owner(s) or his agent(s) may initiate a request for
a variance by filing an application with the authorized official.
Such application shall be accompanied by a legal description of the
property, a map showing the property and all properties within a radius
of 200 feet of the exterior boundaries thereof, plans and elevations
necessary to show the proposed variance, other drawings or information
necessary to show an understanding of the proposed use and its relationship
to surrounding properties and a filing fee, no part of which is returnable.
The Zoning Board of Appeals shall have the power to grant variances
in accordance with the considerations set forth in Village Law § 7-712.
Before the Zoning 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 § 275-64.
[Amended 11-6-1995]
The applicant, or any person with an affected interest, may appeal a decision of the Zoning Board of Appeals to the New York State Supreme Court as is set forth in § 275-62.
The Zoning Board of Appeals shall notify the applicant for a
variance, in writing, of the Zoning Board of Appeals' decision within
five days after the decision has been rendered.
