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VARIANCES AND ZONING CONTROLS
Landowners and buyers of land within the Towns and Village located
within the watershed of Skaneateles Lake frequently apply for
variances, also known as waivers, from the strict requirements of the
relevant zoning law. Such applications are heard by the Zoning Board of
Appeals which is appointed by the Town or Village Board.
Such variances are divided into two categories - use variances and area
variances.
A use variance is one which permits a use of land that is prohibited by
the zoning regulations. A variance which permits a multiple dwelling in
a district limited to single-family homes is a use vanance.
An area variance does not involve use but is one which permits the bulk
of the lot or the structure placed on the lot to vary or differ from
the zoning regulations. A variance to permit the construction of a home
on a lot that is smaller than required by the zoning regulations is an
area variance.
Most applications submitted to Zoning Boards of Appeal are for area
variances and this note will focus on the requirements that must be
observed by the Zoning Board of Appeals before taking final action on
such an application: Before taking final action, the Board of Appeals
is required to publish a notice of a public hearing in a newspaper of
general circulation at least five days before such hearing which must
be open to anyone who wishes to speak in favor or against the
application.
In making its determination, the Board of Appeals is mandated to 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.
In addition to considering the above criteria, the Board of Appeals is
also authorized to impose conditions under the following statutory
language:
Imposition of conditions. The 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 the zoning ordinance
or local law, and shall be imposed for the purpose of minimizing any
adverse impact such variance may have on the neighborhood or community.
The Zoning Board of Appeals is also required to consider the
environmental impact of each application if the Board will make the
final determination on the application.
Under prior law, the Board of Appeals used the test of whether the
applicant faced "practical difficulties" in the use of their property
without the granting of the variance unless the zoning regulations
imposed a more stringent standard.
Under amendments to the New York State Town and Village Law all Boards
of Appeal are required to comply and consider the above criteria before
talcing final action on an application for an area variance.