A. An applicant for a variance must file an application with the Director in the the form prescribed by the Director. If the applicant is not the owner of the property, the application must be accompanied by a signed letter from the owner authorizing the applicant to apply for the variance.

B. Each variance application shall refer to the specific provision of this code involved, shall specify the grounds for the variance requested, and shall contain the following information and documents:

(1) The name and address of the applicant (both physical and mailing);
(2) The name and address of the owner of the lot to be affected by such appeal (both physical and mailing);
(3) A brief description and location of the lot to be affected by such appeal;
(4) A detailed project description;
(5) A copy of the deed for the project area;
(6) Five copies of a plot plan, drawn to scale with accurate dimensions, showing the location of all existing and proposed structures on the lot; and
(7) Other pertinent information requested by the Development Board (e.g., photos, restrictive covenants, septic system report, land survey, elevation views, storm water management plan, soil and erosion control plan, and/or a parking/lighting/utilities plan).

C. The Director shall transmit to the Development Board all of the papers constituting the record of the variance application.

D. Any variance which is not exercised by receipt of site plan approval, an approved special use permit, or issuance of building permit within one year of the date of variance approval shall automatically lapse without further hearing by the Development Board.

E. Use variances.

(1) The Development Board shall have the authority to grant a use variance consistent with § 7-712-b(2) of the Village Law and this code.

(2) No use variance shall be granted without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove unnecessary hardship, the applicant shall demonstrate to the Development Board that, for each and every permitted use under this code for the district in which the applicant's 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.

F. The Development Board, in granting any use variance, shall grant the minimum variance that it deems 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.

G. Area variances.

(1) The Development Board shall have the authority to grant an area variance consistent with § 7-712(b)(3) of the Village Law and this code;

(2) In making its determination whether to grant an area variance, the Development Board 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:

(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 requested area 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 Board, but which shall not necessarily preclude the granting of the area variance.

(3) The Development Board, in granting any area variances, shall grant the minimum variance that it deems necessary and adequate and at the same preserve and protect the character of the neighborhood and the health, safety, and welfare of the community.

H. Imposition of conditions. The Development Board shall, in granting use variances and area variances or appeals, 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 code and shall be imposed for the purpose of minimizing any adverse impact the variance or appeal may have on the neighborhood or community.

 

A. Upon the filing of a notice of appeal or a variance application with the Director as required by this article, a public hearing by the Development Board on such appeal or variance request shall be scheduled.

B. Hearing and public notice.

(1) Notice of the public hearing shall be provided in accordance with Part 1, § 106-20. In addition, the Development Board shall provide notice of the hearing to the Development Board and the Essex County Planning Board, as applicable.
(2) At the hearing, any party may appear in person or by agent or by attorney.
(3) The Development Board may adjourn the hearing for a reasonable period in order to cause such further notice as it deems proper to be served upon such other property owners as it decides may be interested in the appeal.

C. Action.

(1) In acting on an appeal, the Development Board may, in conformity with the provisions of this code, reverse, affirm, or modify, wholly or in part, the order, requirement, decision, or determination of the Director in accordance with the provisions of this code.
(2) In acting on a variance application, the Development Board may deny, grant, or grant with conditions a variance from the specific provision(s) of the Code involved in the application.
(3) Any such action shall be decided within 62 days after the final hearing.
(4) Every decision of the Development Board shall be approved by vote of a majority of the members by resolution which contains a full record of the findings of the Development Board in the case.
 

D. Filing. Every order, requirement, decision, interpretation, or determination of the Development Board shall be filed immediately in the office of the Village Clerk, and shall be a public record.

E. Rehearing and review of prior decisions. Upon motion initiated by any member and adopted by the unanimous vote of the members present, the Development Board shall review, at a rehearing held upon notice given as upon an original hearing, any order, requirement, decision, interpretation, or determination of the Development Board not previously reviewed. Upon such rehearing, and provided it shall then appear that the rights vested prior thereto in persons acting in good faith in reliance upon the order, requirement, decision, interpretation, or determination reviewed will not be prejudiced thereby, the Development Board may, upon the concurring vote of all the members then present, reverse, modify, or annul its original order, requirement, decision, interpretation, or determination.

F. Expiration of appeal decision. Unless otherwise specified by the Development Board, a decision on any appeal shall expire if the appellant fails to obtain any necessary project permit within six months of the date of such decision.

G. Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Director certifies for the Development Board, after the notice of appeal has been filed, that such a stay of proceedings would, in his or her opinion, cause imminent peril to life or property by reason of facts stated in the certificate. In such a case, proceedings shall not be stayed except by a restraining order granted by the Development Board or by the Supreme Court on application, on notice to the Zoning Inspector for due cause shown.

Grant of variance or appeal.
The grant of a variance or an appeal shall serve as authorization for the Director to issue a building permit, provided that the project complies with all applicable provisions of this code, conditions of approved site plan or special use permits and other applicable regulations.

See Article XVI: Development Board for complete, detailed information.