Zoning Board of Appeals

ZBA Chairman Mark Barker 

ZBA Member - Robert Christiansen

ZBA Member - Todd Hiemstra

ZBA Member - Nathan Sharratt

ZBA Member - Senator Hayes

 

Zoning Board of Appeals

The ZBA is in charge of deciding area and use variance applications and interpreting the local zoning code.  Under Town Law § 267-b, a ZBA has appellate authority only.  The ZBA does not determine matters in the first instance.  For example, if an applicant wants to build a structure that exceeds the size limitations set by the town, he or she would first have to apply for a permit, have that permit denied and then seek a variance from the ZBA.

  1. Use Variances (Town Law § 267-b): A use variance allows property to be used in a way that local zoning code prohibits. To be granted a use variance, an applicant must demonstrate an unnecessary hardship. To prove that there is an unnecessary hardship, an applicant must show:
    1. That the property cannot yield a reasonable return as currently zoned.
    2. The hardship is unique and does not apply to most area;
    3. That, if granted, the variance will not alter essential character of neighborhood;
    4. That the alleged hardship is not self-created.

    The ZBA can impose reasonable conditions and restrictions that [1] directly or incidentally relate to the proposed use of property [2] are consistent with the intent of zoning law, and [3] are imposed to minimize any adverse impact the variance may have on the neighborhood or community.

  2. Area Variances (Town Law §267-b): An area variance allows a deviance from a zoning code’s dimensional standards. When reviewing an area variance application, the ZBA will balance the variance’s benefit to the applicant versus the detriment to health, safety and welfare of neighborhood / community. The ZBA must also consider:
  1. Does the variance create an undesirable change in character of neighborhood, or is it detrimental to neighboring properties?
  2. Can the applicant’s goal be achieved some other way?
  3. Is the area variance substantial?
  4. Is there an adverse effect on physical / environmental conditions of the neighborhood?
  5. Is the alleged hardship self-created?

As with a use variance, the ZBA can impose reasonable conditions and restrictions that [1] directly or incidentally relate to the proposed use of property [2] are consistent with the intent of zoning law, and [3] are imposed to minimize any adverse impact the variance may have on the neighborhood or community.