Zoning Board of Appeals

Meetings are held on the 2nd Tuesday of the month at 6:00 PM.  Notice published in the legal section of the Walton Reporter.

Responsibilities

The Board of Appeals was established in accordance with §7-712 of the Village Law.  The Board of Appeals consists of five members appointed for five-year terms.

The Board of Appeals must follow specific statutory requirements contained in the Village Law and General Municipal Law.  They cannot act as a legislative body and have no authority to amend zoning law.  The Board of Appeals is authorized to hear and decide appeals and requests for variances from the requirements of Village Law.   There are two types of variances:  use and area.  The use variance allows the property to be used in a way that the zoning law does not allow.  The area variance offers relief from the dimensional requirements of the zoning law.

Powers and Duties

Interpretation: On appeal from a determination of the Code Enforcement Officer, the Board of Appeals shall have the power to hear and decide on questions where it is alleged there is an error in any order, requirement, decision or determination made by the Code Enforcement Officer involving the interpretation of any provision of the zoning law.

Appeals for variance: On appeal from a determination of the Code Enforcement Officer and in conformity with the law, the Board of Appeals shall have the power to vary the requirements as they apply to a particular lot.  No application for a variance shall be acted on until the required public hearing has been held.

Granting area variances: “Area variance” shall mean the authorization by the Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.  In making its determination the 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.  The following is criteria which is to be considered:

• 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;
• Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
• Whether the requested area variance is substantial;
• Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district;
• Whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the Board of Appeals, but shall not be necessary preclude the granting of the area variance.

The 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.

Granting use variances: “Use variance” shall mean the authorization by the Board of Appeals for the use of land for a purpose which is otherwise not allowed or prohibited by the applicable zoning regulations.  No use variance shall be granted without 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 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 questions 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; and
4. The alleged hardship has not been self-created.

The 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 proved 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.