Hudson Falls City Zoning Code
ARTICLE XIV
Variances
§ 215-104 Purpose.
The purpose of this article is to provide for variances from this chapter in cases where the strict application thereof would result in unnecessary hardships inconsistent with the general purpose and objectives of this chapter.
§ 215-105 Authorization to grant or deny.
Any variance to this chapter shall be granted by the Zoning Board of Appeals in accordance with the standards and procedures set forth in this article and as prescribed in §§ 7-712-a and 7-712- b of the Village Law. In granting a variance, the Zoning Board of Appeals may impose conditions to protect the best interests of the surrounding property, the neighborhood and the Village as a whole.
§ 215-106 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 § 215-110 below. Such material shall include 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 of Appeals to an understanding of the proposed use and its relationship to surrounding properties.
§ 215-107 Requirements for granting variances.
The Zoning Board of Appeals shall have the powers and authority to modify any order, requirement, decision, interpretation or determination of the Code Enforcement Officer and grant use or area variances in accordance with the provisions and requirements of §§ 7-712-a and 7-712-b of the Village Law of the State of New York.
§ 215-108 Referral to other boards.
A.
The Zoning Board of Appeals, at its discretion, may refer any completed variance application to the Planning Board for its report and recommendation when it is determined that further planning concept review is needed regarding said application and, where required by § 239-m of the General Municipal Law, to the Washington County Planning Board for its report and recommendation. In no case shall final action be taken until said Planning Board, when requested, and county planning agency, if appropriate, have submitted their reports or until 30 days have passed since the date of the referral, whichever occurs first.
B.
Within 30 days after receipt of a full statement of such referred matter, the Washington County Planning Board shall report its recommendations to the referring Village body. If the county fails to report within 30 days, the Zoning Board of Appeals may act without such report. If the county disapproves the proposal or recommends modification thereof, the Zoning Board of Appeals shall not act contrary to such disapproval of recommendation except by a vote of a majority plus one of all members thereof, and after the adoption of a resolution, fully setting forth the reasons of such contrary action.
C.
Within 30 days after final action by the Village body, a report of said final action shall be filed with the Washington County Planning Board.
§ 215-109 Hearing and decision.
A.
The Zoning Board of Appeals shall give such notice of hearings, hold hearings, and decide applications presented to it as may be required or allowed by Village Law §§ 7-712-a and 7-712-b. Consistent with Village Law § 7-712-a, decision by the Zoning Board of Appeals shall be issued within 62 days of the close of a public hearing.
B.
Appeals from a Zoning Board of Appeals decision may be taken as allowed by Village Law § 7-712-c.
§ 215-110 Variance criteria.
A.
Area variance. In making its determination whether to grant an area variance, 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 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.
B.
Use variance. No such use variance shall be granted by a Zoning 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 Zoning 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 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.
§ 215-111 Expiration of variance.
Unless otherwise specified or extended by the Zoning Board of Appeals, a decision on any request for a variance shall expire if the applicant fails to undertake the proposed action or project, as may be evidenced by obtaining any necessary building permit, or fails to make substantial progress on said action or to comply with the conditions of said authorization within one year from the filing date of such decision thereof.
§ 215-112 Fees.
See § 215-118.