Town of Canandaigua, NY
Ontario County
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Table of Contents
Table of Contents
On-site wastewater treatment systems in failure shall follow the standard procedures with the local Board of Health, and the New York State Department of Health.
A. 
Where practical difficulties, unnecessary hardships, and results inconsistent with the general purpose of this chapter or certain provisions thereof are encountered, the parcel owner may appeal the determination of the Code Enforcement Officer to the Zoning Board of Appeals to request relief from the requirements of this chapter.
B. 
The Zoning Board of Appeals may grant relief from the requirements of this chapter if the Zoning Board of Appeals finds the essential purpose of these regulations, namely the protection of public health and water quality, will be accomplished even if the variance is granted. The Zoning Board of Appeals shall consider the following factors and make applicable findings regarding:
(1) 
Whether the use or activity to be authorized by the variance is in harmony with the purpose and intent of this chapter. The following items will be taken into consideration:
(a) 
Previous approvals and/or specific waivers granted by NYSDOH, or the Watershed Inspector.
(b) 
Distance separations to surface water and groundwater wells in order to minimize pathogen, nutrient and/or other pollutant loading;
(c) 
The ability to utilize the latest technology and the ability to maintain that technology;
(d) 
Existing lot line setbacks and area requirements as related to individual properties;
(2) 
Whether a substantial change will be produced in the general condition of the water quality or a substantial risk to groundwater quality or quantity will be created because of the variance.
(3) 
Whether the hardship or difficulty can be alleviated by some other method that is feasible for the applicant to pursue.
(4) 
Whether the requested variance is substantial.
(5) 
Whether the variance requested is the minimum variance necessary to afford relief. To this end, the Zoning Board of Appeals may recommend a lesser variance than applied for.
(6) 
The extent to which the hardship or difficulty has been self-created.