Yonkers City Zoning Code
ARTICLE VIII
Variances
§ 43-85 Use variances.
A.
The Zoning Board of Appeals, on appeal from a decision or determination by the Commissioner of the Department of Housing and Buildings, shall have the power to grant use variances, as defined herein.
B.
No such use variance shall be granted by the 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)
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)
The requested use variance, if granted, will not alter the essential character of the neighborhood.
(4)
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 is deemed 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.
§ 43-86 Area variances and departure or variation from dimensional requirements of special use permit requirements.
A.
The Zoning Board of Appeals shall have the power, on appeal from a decision or determination of the Commissioner of the Department of Housing and Buildings, to grant area variances as defined herein.
B.
The Zoning Board of Appeals shall also have the power to permit a departure or variation from the dimensional requirements for a special use permit, as specified in Article VII of this chapter. Such a determination shall be made based upon the consideration of the criteria set forth in § 43-86C of this chapter.
C.
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:
(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 variance.
(2)
Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than the variance.
(3)
Whether the requested 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.
(5)
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 variance.
D.
The Zoning Board of Appeals, in the granting of such variances, shall grant the minimum variance that it deems 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.
§ 43-87 Imposition of conditions.
The Zoning 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 this chapter or local law and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
§ 43-88 Expiration of permits for variances.
A variance granted by the Zoning Board of Appeals pursuant to Article VIII shall be deemed to have expired unless:
A.
The lot or land, where no building or structure is involved, shall have been put into use within 12 months after the date of issue of such variance, for the purpose for which such permit was granted.
B.
The building or structure for which such variance was granted shall have been actually begun within 12 months after the date of issue of such permit.
C.
The entire building or structure for which such variance was granted shall have been completed according to filed plans within three years after the date of such permit.
§ 43-89 Extension of time for variances.
A.
The Zoning Board of Appeals may reasonably extend the period of time beyond those provided for in § 43-88 at the time of its decision on the variance. Such an extension shall be made only upon a showing by the applicant that the time periods provided for in § 43-88 would not reasonably allow for the commencement or completion of the development for which the variance is sought, and provided that such an extension would not cause a detriment to the character of the neighborhood and the health and safety of the community.
B.
The Zoning Board of Appeals may also grant an extension of time for the commencement of construction for a building or structure for which a variance was previously granted, following the original granting of such variance, provided that the variance has not already expired. Such extension shall only be granted upon a showing by the applicant that the circumstances and conditions upon which the variance was originally granted have not substantially changed.
C.
In the event that a permit for a variance has expired, the applicant shall be required to make a new application to the Zoning Board of Appeals for renewal of the variance permit, in accordance with the procedures contained within this article.
§ 43-90 Notice and referral to county and abutting municipalities.
If required as per § 239-m of the General Municipal Law, notice of the public hearing on the variance shall be provided to the Westchester County Planning Board and the abutting municipality, as required. Applications shall also be referred to the Westchester County Planning Board, as required by § 239-m of the General Municipal Law, which shall have 30 days from the receipt of such referral to issue its recommendations to the Zoning Board of Appeals. In the event that the Westchester County Planning Board recommends modification or disapproval of an application, the Zoning Board of Appeals shall not act contrary to such recommendation except by a vote of a majority plus one.