The Zoning Board of Appeals (ZBA), on appeal from the decision
or determination of any administrative official charged with enforcement
of this chapter, shall have the power to grant use and area variances,
subject to the standards and procedures articulated in the New York
State Town and Village Law. The variance procedures may not be used
to:
Applications for zoning variances may be initiated only by the
owner of the subject property or by the owner's authorized agent.
Complete applications for a zoning variance must be filed with
appropriate personnel in the Code Enforcement Office.
Notice of required public hearings on zoning variances must be provided as required by local and state law. (See § 300-60.3C for additional information on public hearing notices.)
The petitioner seeking the variance shall have the burden of
presenting sufficient evidence to allow the Zoning Board of Appeals
to reach a conclusion as set forth below as well as the burden of
persuasion on those items.
A.
Once the application has been determined to be complete, the Zoning
Board of Appeals must hold at least one public hearing on a proposed
zoning variance.
B.
The Zoning Board of Appeals shall decide upon the appeal within 62
days after the closing of the public hearing. The time within which
the Zoning Board of Appeals may render its decision may be extended
by mutual consent of the petitioner and the Board.
C.
The Zoning Board of Appeals may reverse, modify or affirm, in whole
or in part, any such appealed order, requirement, decision or determination
appealed from and may make such order, requirement, decision or determination
as in its opinion ought to be made in strictly applying and interpreting
the provisions of this chapter and for such purposes shall have all
the powers of the officer from whom the appeal is taken.
D.
Appeals for interpretation shall be decided by the concurring vote
of a majority of the members of the Zoning Board of Appeals in compliance
with New York State Town and Village Law.
E.
The decision of the Zoning Board of Appeals shall be filed in the
Office of the Town or Village Clerk within five business days after
the decision is rendered, and a copy mailed to the petitioner.
Zoning variances may be approved by the Zoning Board of Appeals
only when it finds substantial evidence in the official record that:
A.
Strict application of one or more standards or requirements of this
Zoning Ordinance would result in unnecessary hardships or practical
difficulties that are not the result of the deliberate actions of
the property owner or their agent, employee, or contractor;
B.
The zoning variance is the minimum zoning variance necessary to provide
relief from the unnecessary hardships or practical difficulties;
C.
The zoning variance is generally consistent with the overall purpose
of this chapter; and
D.
The zoning variance will result in substantial justice being done,
considering both the public benefits intended to be secured by this
Zoning Ordinance and the individual hardships that will be suffered
if the zoning variance request is denied.
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.
