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P.O. Box 159 – 8356 Bay Street Sodus Point, NY 14555 Phone: 315-483-9881

What is a Variance?


What is a Variance

Types of Variances

3) Use Variance

(a) The Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of such ordinance or local law, shall have the power to grant use variances as defined herein.
(b) No such use variance shall be granted by a Board of Appeals without a 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:

(i) The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
(ii) The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood.
(iii) The requested use variance, if granted, will not alter the essential character of the neighborhood; and
(iv) The alleged hardship has not been self-created.

(c) 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 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.

4) Area Variance

(a) The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such ordinance or local law, to grant area variances as defined herein.
(b) In making its determination, the Zoning Board of Appeals 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:

(i) 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;
(ii) Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance;
(iii) Whether the requested area variance is substantial;
(iv) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(v) 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.

(c ) 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

5) 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 the 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.

Planning and Enforcement

The ZBA’s mission is to ensure that buildings or structures are safe and to enforce the Comprehensive Plan to achieve the Village’s future vision and to ensure quality development while protecting the health, safety, and welfare of all residents through enforcement of Village Codes and Ordinances and Architectural and Property Maintenance Standards.

Planning Board workshop

The Planning Board will be conducting a workshop...

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Zoning Board agenda September 28, 2020

Area Variance, Shawn Cannan, 8535 Greig...

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Pot-of-Gold Steak dinner cancelled

It is with great regret that the Sodus Point...

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VILLAGE MEETINGS

The Village of Sodus Point meeting starts at 6:30 P.M. Join Zoom Meeting https://zoom.us/j/419552749 Meeting ID: 419 552 749, PWD 434157  One tap mobile +16465588656,,419552749# US (New York)

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Contact Us

Phone: 315-483-9881

Fax: 315-483-0918

Village Clerk tdurham@soduspoint.info


Code Enforcement:

315-310-0534

ceo@soduspoint.info


Mayor Dave McDowell

585-739-1398(cell)

dmcdowell@soduspoint.info

Brush Schedule
Monday, August 17th
Monday, August 17th
Monday, September 14th
Monday, October 13th
Monday, October 26th (Last Day of Brush)
Monday, November 16-20th (Leaf Week)
Brush and leaf Collection may be required past the final scheduled date as determined by department head, however all collection ends on Friday, November 29. Christmas tree collection upon request.

 

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