Hague Town City Zoning Code
ARTICLE XII
Variances
§ 160-70 Purpose.
[Amended 11-10-1998]
The purpose of this article is to provide for variances from this chapter on the terms, and only on the terms, provided in this article.
§ 160-71 Authority and powers of Zoning Board of Appeals.
[Amended 11-10-1998]
A.
Unless otherwise specifically provided herein, the jurisdiction of the Zoning Board of Appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, decision, interpretation or determination made by the Zoning Administrator. The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse, in whole or in part, any order, requirement, decision, interpretation or determination of the Zoning Administrator, or to grant an area variance or a use variance. Such appeal may be taken by the person aggrieved, or by an officer, department, board or bureau of the Town of Hague.
B.
The Zoning 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 Zoning Administrator, and to that end shall have all the powers of the Zoning Administrator from whose order, requirement, decision, interpretation or determination the appeal is taken.
§ 160-72 Application for variance.
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 § 160-73 of this chapter, supplied by the applicant and including 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; and other drawings or information reasonably considered necessary by the Board to an understanding of the proposed use and its relationship to surrounding properties.
§ 160-73 Requirements for granting variances.
[Amended 11-10-1998]
A.
Area variances.
(1)
The Zoning Board of Appeals shall have the power, upon an appeal from the decision or determination of the Zoning Administrator, to grant area variances as defined herein.
(2)
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Zoning Board of Appeals shall also consider:
(a)
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;
(b)
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
(c)
Whether the requested area variance is substantial;
(d)
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(e)
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals, but shall not necessarily preclude the granting of the area variance.
(3)
The Zoning 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.
B.
Use variances.
(1)
The Zoning Board of Appeals, on appeal from the decision or determination of the Zoning Administrator, shall have the power to grant use variances as defined herein.
(2)
No use variances shall be granted by the Zoning Board of Appeals without a showing by the applicant and a finding by the Zoning Board of Appeals that the applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate and the Zoning Board of Appeals shall find that for each and every permitted use under the zoning regulations for the particular district where the property is located:
(a)
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
(b)
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
(c)
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
(d)
The alleged hardship has not been self-created.
(3)
The Zoning 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 proven 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.
C.
Density and shoreline restriction variances, etc. Any density or shoreline restriction variance or other variance which involves the provisions of the Adirondack Park Land Use and Development Plan shall be in conformance with §§ 806, 807 and 808 of the Adirondack Park Agency Act. [1]
[1]
Editor's Note: See Executive Law §§ 806 through 808.
D.
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of use variances, area variances and shoreline 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 this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood, community or natural resources.
§ 160-74 Referral to other boards and agencies.
A.
The Zoning Board of Appeals shall refer all completed variance applications to the Planning Board for its report and recommendation and, where required by § 239-m of the General Municipal Law, to the County Planning Agency having jurisdiction for its report and recommendation. In no case shall final action be taken until said Planning Board and County Planning Agency (if appropriate) have submitted their reports or until 30 days have passed since the date of referral, whichever occurs first.
B.
In the case of any variance application involving land, buildings or structures in any land use area except Hamlet, or any variance involving the shoreline restrictions, the Zoning Board of Appeals shall submit a copy of the application to the Adirondack Park Agency, together with such pertinent information as the Agency reasonably shall deem necessary.
§ 160-75 Variance application hearing and decision.
A.
Within 15 days of receipt of a completed application for a variance, the Zoning Board of Appeals shall give notice of a public hearing to be held on the application not less than 15 days nor more than 30 days after the notice. The Adirondack Park Agency shall be a full party in interest, with standing to participate in any and all proceedings under this article for which the Agency was required to be sent notice under § 160-74B of this chapter.
B.
Within 62 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 § 160-73 of this chapter, and the factual basis for each finding from the record of the hearing which shall support the decision of the Board. The Board shall notify the Adirondack Park Agency, by certified mail, of such decision. Any variance granted or granted with conditions shall not be effective until 30 days after such notice to such Agency. If, within such thirty-day period, the Agency determines that such variance involves the provisions of the Land Use and Development Plan as approved in the local land use program, including any shoreline restriction, and was not based upon the appropriate statutory basis of practical difficulties or unnecessary hardships, the Agency may reverse the local determination to grant the variance.
[Amended 11-10-1998]