The purpose of this article is to provide for
variances from this chapter in cases where the strict application
thereof would result in practical difficulties or unnecessary hardships
inconsistent with the general purpose and objectives of this chapter.
Any variance to this chapter shall be granted
by the 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 to protect the best
interests of the surrounding property, the neighborhood and the Town
as a whole.
Variances may be instituted by filing an application with the Zoning Board of Appeals, using forms supplied by the Board, which shall include all information reasonably considered by the Board as necessary to make its findings under § 210-126 below. Such material shall include a legal description of the property, a map showing the property and all properties within a radius of 500 feet of the exterior boundaries thereof, plans and elevations necessary to show the proposed variance and other drawings or information reasonably considered necessary by the Board of Appeals to an understanding of the proposed use and its relationship to surrounding properties.
The Zoning Board of Appeals shall have the powers
and authority to modify any order, requirement, decision, interpretation
or determination of the Code Enforcement Officer and grant use or
area variances in accordance with the provisions and requirements
of §§ 267-a and 267-b of the Town Law of the State
of New York.
A.
The Zoning Board of Appeals, at its discretion, may
refer any completed variance application to the Planning Board for
its report and recommendation when it is determined that further planning
concept review is needed regarding said application and, where required
by § 239-m of the General Municipal Law, to the Saratoga
County Planning Board for its report and recommendation. In no case
shall final action be taken until said Planning Board, when requested,
and County planning agency, if appropriate, have submitted their reports
or until 30 days have passed since the date of the referral, whichever
occurs first.
B.
Within 30 days after receipt of a full statement of
such referred matter, the Saratoga County Planning Board shall report
its recommendations to the referring Town body. If the County fails
to report within 30 days, the Zoning Board of Appeals may act without
such report. If the County disapproves the proposal or recommends
modification thereof, the Zoning Board of Appeals shall not act contrary
to such disapproval of 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 of such contrary action.
C.
Within 30 days after final action by the Town body,
a report of said final action shall be filed with the Saratoga County
Planning Board.
A.
Area variances. In making its determination whether
to grant an area variance, the Zoning Board of Appeals 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:
(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.
(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.
Use variances.
(1)
No such use variance shall be granted by the
Zoning Board of Appeals without a showing by the applicant that applicable
zoning regulations and restrictions have caused unnecessary hardship.
In order to prove such unnecessary hardship, the applicant shall demonstrate
to the Zoning Board of Appeals that for each and every permitted use
under this chapter for the particular district where the property
is located:
(a)
The applicant cannot realize a reasonable return,
provided that the lack of return is substantial, as demonstrated by
competent financial evidence;
(b)
That the alleged hardship relating to the property
in question is unique and does not apply to a substantial portion
of the district or neighborhood;
(c)
That the requested use variance, if granted,
will not alter the essential character of the neighborhood; and
(d)
That the alleged hardship has not been self-created.
(2)
The Zoning Board of Appeals, in the granting
of use variances, shall grant the minimum variance that it shall deem
necessary and adequate to address the unnecessary hardship proven
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.
Unless otherwise specified or extended by the
Zoning Board of Appeals, a decision on any request for a variance
shall expire if the applicant fails to undertake the proposed action
or project, to obtain any necessary building permit to construct any
proposed new building(s) or change any existing building(s), or to
comply with the conditions of said authorization within one year from
the filing date of such decision thereof.
