The Zoning Board of Appeals (ZBA) shall have the power, on appeal
from the decision or determination of any administrative official
charged with enforcement of this chapter, to reverse or affirm, wholly
or partly, or modify an order, requirement, decision, interpretation,
or determination by the granting of either use variances or area variances
as authorized by New York State Village Law. The variance procedures
may not be used to:
A. Waive, modify or otherwise vary any of the review and approval procedures
of this article; or
B. Waive, vary, modify or otherwise override a condition of approval
or requirement imposed by another authorized board or commission.
The applicant seeking the variance shall have the burden of
presenting sufficient evidence to allow the ZBA to reach a conclusion
as set forth below as well as the burden of persuasion on those items.
The ZBA shall, in the granting of both use variances and area
variances, have the authority to impose such reasonable conditions
and restrictions as are directly related to and incidental to the
proposed use of the property. Such conditions shall be consistent
with the spirit and intent of the Village Code and shall be imposed
for the purpose of minimizing any adverse impact such variance may
have on the neighborhood or community.
Zoning variance approval runs with the land and is not affected
by changes of tenancy, ownership, or management.
A request for changes in conditions of approval of a zoning
variance must be processed as a new variance application, including
the requirements for fees, notices, and hearings.