HomeMy WebLinkAboutArticle 7-712b Zoning.pdf 1
§ 7-712-b Permitted action by Board of Appeals.
1. Orders, requirements, decisions, interpretations, determinations. The board
of appeals may reverse or affirm, wholly or partly, or may modify the
order, requirement, decision, interpretation or determination appealed from
and shall make such order, requirement, decision, interpretation or
determination as in its opinion ought to have been made in the matter by the
administrative official charged with the enforcement of such local law and
to that end shall have all the powers of the administrative official from
whose order, requirement, decision, interpretation or determination the
appeal is taken.
2. Use variances. (a) The board of appeals, on appeal from the decision or
determination of the administrative officer charged with the enforcement of
such local law, shall have the power to grant use variances, as defined
herein.
(b) No such use variance shall be granted by a 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 board of appeals
that for each and every permitted use under the zoning regulations for
the particular district where the property is located, (1) the applicant cannot
realize a reasonable return, provided that lack of return is substantial as
demonstrated by competent financial evidence; (2) 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; (3) that 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.(c) The 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 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.
3. Area variances. (a) The zoning board of appeals shall have the power,
upon an appeal from a decision or determination of the administrative
official charged with the enforcement of such local law, to grant area
variances as defined herein.
(b) In making its determination, the zoning board of appeals shall take
into consideration the benefit to the applicant if the variance is granted, as
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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; 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.
(c) The board of appeals, 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.
4. Imposition of conditions. The board of appeals 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 zoning local law, and shall be
imposed for the purpose of minimizing any adverse impact such variance
may have on the neighborhood or community.