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 this section.

Any permitted variance to this chapter shall be authorized by the Zoning Board of Appeals in accordance with the standards and procedures set forth in this section and/or the laws of the State of New York. In granting a variance, the Board of Appeals may impose conditions similar to those provided for conditional uses to protect the best interests of the surrounding property, the neighborhood or the Town as a whole.

A property owner(s) or his agent(s) may initiate a request for a variance by filing an application with the authorized official, using forms provided by the Town for such requests. Such application shall be accompanied by either a legal description or tape location map of the property and, as deemed necessary by the Board of Appeals, 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 in the Town's fee schedule, established by Town Board resolution.

The Board of Appeals may grant area and use variances from the terms of this chapter only in the event that all of the circumstances as provided in Town Law § 267-b, Subdivisions 2 and 3, exist.

Before the 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 § 190-176, and a decision shall be rendered within 62 days of the final hearing date.

The Board of Appeals shall, in writing, notify the applicant for a variance of the Board's decision, within five days after the decision has been rendered. A building permit must be obtained within six months of the decision date; substantial construction must start within one year.