VARIANCE
An area variance or a use variance, as the context may admit.

VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the use of land in a manner that is not otherwise allowed by the dimensional or physical requirements of the applicable zoning regulations.

VARIANCE, USE
The authorization by the Board of Zoning Appeals for the use of land for a purpose that is otherwise not otherwise allowed or is prohibited by the applicable zoning regulations.

Variance process.

A. The alteration of any preexisting nonconformity, by way of additional, expanded or more intensive use(s), physical modifications, property boundary modifications, or any way that increases or decreases the degree of nonconformance, or the reduction in size of any lot on which a nonconforming use or building is situate, even if such alteration or reduction in size is expressly prohibited in this article, may be permitted if the Zoning Board of Appeals approves a variance for such alteration. The property owner(s) must complete an application, as provided by the Zoning Officer, and pay the application fee, to be established by resolution of the Town Board, to request such a variance.
B. The Zoning Board of Appeals shall, in the granting of a variance pursuant to this section, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed alteration. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. The provisions of § 160-74: Time limits for action, pertaining to time limits, shall automatically be a condition of every variance granted pursuant to this section. If the applicant refuses to accept such requirements and conditions, the area variance shall be denied.

See Forms and Applications for more information on variances.