Town of Moreau, NY Article X Variances

§ 149-56 Purpose of Article.

The purpose of this Article is to provide for variances from this chapter in cases where the strict application thereof would result in practical difficulty or unnecessary hardships inconsistent with the general purpose and objectives of this chapter.

§ 149-57 Authorization.

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 similar to those provided for special permit usage to protect the best interest of the surrounding property, the neighborhood and the town as a whole.

§ 149-58 Applications.

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 § 149-59 of this Article. The information supplied by the applicant shall include a legal description of the property, a map showing the property, a plat 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.

§ 149-59 Requirements for granting.

A. Area variances. An area variance does not involve a use prohibited by this chapter. A variance to allow a use to be located on a lot or property which does not conform to the dimensional requirements for that district listed in Article IV may be granted only in the event that all of the following circumstances are specifically found to exist by the Zoning Board of Appeals and are each so stated in the Board's findings:

(1) That the strict application of said dimensional requirements would result in a specified practical difficulty to the applicant.

(2) How substantial the requested variance is in relation to the requirements.

(3) That the difficulty cannot be alleviated by some practical method feasible for the applicant to pursue.

(4) That there will be no substantial change in the character of the neighborhood or a detriment to the adjoining properties.

(5) That the variance would not be materially detrimental to the purpose of this chapter or to property in the district in which the property is located or otherwise conflict with the description or purpose of the district or the objectives of any plan or policy of the town and that the variance requested is the minimum variance which would alleviate the specific practical difficulty found by the Zoning Board of Appeals to affect the applicant.

B. Use variances. A variance to allow a use that is prohibited by this chapter may be granted only in the event that all of the following circumstances are specifically found to exist by the Zoning Board of Appeals and are each so stated in the Board's findings and no such variance shall be valid unless all of the following circumstances are so found:

(1) That the strict application of said use provisions of this chapter would result in a specified unnecessary hardship to the applicant which arises because of exceptional or extraordinary circumstances applying to the property and not applying generally to other properties in the same district or which results from a lot size or shape legally existing prior to the date of this chapter or topography or other circumstances over which the applicant has had no control.

(2) That the property in question cannot yield a reasonable financial return if used for any permissible use, special permit use or site plan review use applicable to the zoning district in which the property is located.

(3) That the variance is necessary for the preservation of a property right of the applicant substantially the same as owners of other property in the same district possess without such a variance.

(4) That the variance would not be materially detrimental to the purpose of this chapter or to property in the district in which the property is located or otherwise conflict with the description or purpose of the district or the objectives of any plan or policy of the town and that the variance requested is the minimum variance which would alleviate the specific unnecessary hardship found by the Zoning Board of Appeals to affect the applicant.

§ 149-60 Hearing; decision.

A. Within 35 days of receipt by the Zoning Board of Appeals of a completed application for a variance, the Zoning Board of Appeals shall give notice, by public advertisement in the official newspaper of the town, of a public hearing to be held on the application not less than five days and not more than 31 days after the notice.

B. Within 35 days of the final adjournment of a public hearing called and held under Subsection A of this section, the Zoning Board of Appeals shall grant, grant with conditions or deny the variance applied for. The decision of the Board shall be in writing and shall contain each of the findings specified in § 149-59 of this Article and the factual basis for each finding from the record of the hearing, which shall support the decision of the Board.

§ 149-61 Expiration of decision.

Unless otherwise specified or extended by the Zoning Board of Appeals, decision on any request for a variance shall expire in six months if the applicant fails to undertake the proposed action or project. The Zoning Board of Appeals may increase this period from six months to one year at its discretion.