Where practical difficulties, unnecessary hardships and results inconsistent with the general purposes of this chapter may result from the strict application of certain provisions thereof, variances may be granted as provided in §§ 267-a and 267-b of the Town Law.
Any permitted variance to this chapter shall be authorized by the Town Zoning Board of Appeals in accordance with the standards and procedures set forth in §§ 267-a and 267-b of the Town Law. In granting a variance, the Zoning Board of Appeals may impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property and/or the period of time such variance shall be in effect. Such conditions shall be consistent with the spirit or intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
Upon denial of an application for a building permit, a property owner(s) or his agent(s) may initiate a request for a variance by filing an application with the Secretary of the Zoning Board of Appeals, using forms prescribed pursuant to § 95-18. Such application shall be accompanied by 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, other drawings or information necessary to an understanding of the proposed use and its relationship to surrounding properties and a filing fee as required under § 95-18. Where a variance application has been required stemming from another permit application under this chapter, the review process on such other application is halted until such time as the variance is granted.
[Amended 3-13-2000 by L.L. No. 1-2000]
A variance may be granted by the Zoning Board of Appeals only if the applicant demonstrates that the requirements specified in Town Law § 267-b, Subdivision 2 (use variances) or Subdivision 3 (area variances), as the case may be, have been satisfied in all respects.
Before the Zoning Board of Appeals may act on a request for a variance, it shall hold a public hearing. Notice of said hearing shall be given as provided in § 267-a of the Town Law.
The decision of the Board of Appeals on the appeal shall be filed in the office of the Town Clerk within five business days after the day such decision is rendered, and a copy thereof shall thereupon be mailed to the applicant.
