A use variance authorizes the use of land for a purpose that
is otherwise not allowed or prohibited by this chapter.
A.
Criteria for use variance. No such use variance shall be granted
by the ZBA without a showing by the applicant that applicable zoning
regulations and restrictions have caused unnecessary hardship. In
order to prove such unnecessary hardship, per NYS Town Law, the applicant
shall demonstrate to the ZBA that for each and every permitted use
under the zoning regulations for the particular district where the
property is located the following conditions exist:
1)
The applicant cannot realize a reasonable return, provided that lack
of return is substantial as demonstrated by competent financial evidence;
2)
The alleged hardship relating to the property in question is unique,
and does not apply to a substantial portion of the district or neighborhood;
3)
The requested use variance, if granted, will not alter the essential
character of the neighborhood; and
4)
That the alleged hardship has not been self-created.
B.
Minimum relief necessary. The ZBA, in the granting of use variances,
shall grant the minimum variance that it shall deem necessary and
adequate to address the unnecessary hardship proved by the applicant,
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
An area variance authorizes the use of land that is not allowed
by the dimensional or physical requirements set forth in this chapter.
A.
Criteria for area variance. In making its determination, the ZBA
shall take into consideration the benefit to the applicant if the
variance is granted, as weighed against the detriment to the health,
safety and welfare of the neighborhood or community by such grant.
In making such determination the Board shall also consider the following
as required by NYS Town Law:
1)
Whether an undesirable change will be produced in the character of
the neighborhood or a detriment to nearby properties will be created
by the granting of the area variance;
2)
Whether the benefit sought by the applicant can be achieved by some
method, feasible for the applicant to pursue, other than an area variance;
3)
Whether the requested area variance is substantial;
4)
Whether the proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district; and
5)
Whether the alleged difficulty was self-created; which consideration
shall be relevant to the decision of the board of appeals but shall
not necessarily preclude the granting of the area variance.
B.
Minimum relief necessary. The ZBA, in the granting of area variances,
shall grant the minimum variance that it shall deem necessary and
adequate and at the same time preserve and protect the character of
the neighborhood and the health, safety and welfare of the community.
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 Town 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 an approved variance must be processed
as a new variance application, including the requirements for fees,
notices, and hearings.
