Bergen Town City Zoning Code
ARTICLE III
Board of Appeals
§ 475-14 Creation and organization.
[Amended 2-24-1997 by L.L. No. 2-1997]
A Zoning Board of Appeals shall consist of five members, in accordance with state law. The Town Board shall appoint the members of the Zoning Board of Appeals and designate the chairperson. In the absence of a chairperson, the Zoning Board of Appeals may designate a member to serve as acting chairperson.
§ 475-15 Powers and duties.
§ 475-16 Procedures for interpretation or variance.
[Amended 2-24-1997 by L.L. No. 2-1997]
Applications for interpretations or variances shall be made in writing on the appropriate form. Every application shall refer to the specific provisions of the Zoning Law and shall set forth the interpretation claimed or details of the variance applied for and the grounds upon which it is claimed that the variance should be granted, together with a layout sketch. Four copies of each application shall be submitted to the Zoning Enforcement Officer, who shall review the application for completeness prior to forwarding it to the Zoning Board of Appeals and the Town Clerk. One copy shall be retained by the Zoning Enforcement Officer.
A public hearing shall be held by the Zoning Board of Appeals before acting on any application for an interpretation or a variance. When necessary under § 239-m of the General Municipal Law, the Zoning Board of Appeals shall forward the application to the County Planning Board for its review. The Zoning Board of Appeals shall send, by regular mail, a copy of the notice of hearing to all owners of property situated within 250 feet of the property which is the subject of the application at least 10 days before the date of the hearing. The Zoning Board of Appeals shall issue a decision within 62 days of the date of the hearing unless extended by mutual consent of the applicant and the Board.
Every Zoning Board of Appeals decision shall be by resolution, which shall contain a full statement of the findings in the case, and shall be recorded in the minutes.[1]
[1]
Editor's Note: Original Sections 304 to 307, which immediately followed this section, were repealed 2-24-1997 by L.L. No. 2-1997.
§ 475-17 Variances.
Use variances. A use variance is one which permits a use of land which is prohibited by the zoning regulations. A finding of unnecessary hardship is required to properly grant a use variance. Self-created hardships and economic hardships shall not constitute "unnecessary hardships" as used herein.
Use variance standards: unnecessary hardship. Before the Zoning Board of Appeals may exercise its discretion and grant use variance on the grounds of unnecessary hardship, the records must address each of the following four criteria:
Criteria for use variances.
The land in question cannot yield a reasonable return if used only for a purpose allowed in that zone.
The plight of the owner is due to unique circumstances and not to the general conditions of the neighborhood which may reflect the unreasonableness of the Zoning Law itself.
The use to be authorized by the variance will not alter the essential character of the locality.
The use to be authorized by the variance will not be contradictory or detrimental to the spirit and intent of the Zoning Law.
Area variances. An area variance is one which does not involve a use which is prohibited by the Zoning Law. A finding of practical difficulty is required to properly grant an area variance.
Area variance standards: practical difficulty. Before a Zoning Board of Appeals may exercise its discretion and grant an area variance on the grounds of practical difficulty, the record must address each of five criteria. The Zoning Board of Appeals determines practical difficulty by determining the need, the harm, and alternative solutions by considering the five criteria below:
Criteria for area variances.
How substantial the variance is in relation to the zoning requirement.
[Amended 6-24-1985 by L.L. No. 3-1985]
The effect of increased population density or land use intensity on available government facilities.
Whether a substantial change will be produced in the character of the neighborhood, or whether a substantial detriment to adjoining properties will be created.
Whether the difficulty can be eliminated by some other method other than a variance which is feasible for the applicant to pursue.
Whether, in view of the manner in which the difficulty arose and in consideration of the above factors, the interest of justice will be served by allowing the variance.