Board of Adjustment

Recognizing the fact that zoning ordinances cannot be written to address every circumstance, zoning ordinances must specify procedures for seeking relief from strict adherence to the zoning code. A zoning variance or special exception authorizes a landowner to establish or maintain a use that is prohibited in the zoning ordinance. Requests for variances or special exceptions are not always granted.

A variance is a relaxation of a standard in a land use ordinance. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden.

Special exceptions are not suited to all locations in a zoning district. A special exception is any variation of a standard expressly listed in the zoning ordinance including land uses or dimensional changes. Special exceptions may be allowed in some locations if they meet specific conditions set out in the zoning ordinance and are not contradictory to the ordinance’s intent.

BOARD OF ADJUSTMENT APPLICATIONS

At the time of application, you will be asked to:

1. Complete an application form and submit a non-refundable fee.

Petition for Variance

Petition for Special Exception

Petition for Appeal

Booklet – Variance and Special Exceptions: Relief from Strict Adherence to the Zoning Code. A guide to assist in understanding the application process.

2. Provide detailed plans describing your lot and project (location, dimensions and materials).

DETAILED PLANS MAY INCLUDE SOME OR ALL OF THE FOLLOWING:
•Property lines
•Proposed vegetation removal
•Contour lines (2 ft. interval)
•Ordinary high-water mark (lake properties)
•Floodplain & wetland boundaries
•Dimensions, locations & setbacks of existing & proposed structures
•Utilities, roadways & easements
•Well & sanitary system
•Location & extent of filling/grading
•Location & type of erosion control measures
•Any other construction related to your request
•Anticipated project start date

3. Provide a written statement of verifiable facts showing that your project meets the legal criteria for a variance or special exception.

A variance grants only the specific relief requested (as described in the application and plans for the project) and as modified by any conditions imposed by the board. The variance applies only for the current project and not for any subsequent construction on the lot. As an example, if the landowner has received a variance to build the garage and wants to also build a screen porch, they may only build the screen porch if they receive an additional variance specifically for the screen porch.

Special exceptions must be custom tailored to a specific location. A special exception must be listed as such in the zoning ordinance, along with the standards and conditions which it must meet, such as performance and design standards, continuance of use, and/or time limits.

4. Contact your Town Board to inform them of your request. The municipality may ask you to attend a Town Board meeting to discuss the application.

Town Municipal Clerks

Following the receipt of a completed application, the zoning department will publish notice of your request for a variance or special exception in the county’s official newspaper noting the location and time of the required public hearing before the zoning board. Your neighbors and any affected state agency will also be notified.

Additional Resources

Variances and special exceptions are decided by the zoning Board of Adjustment. The Board of Adjustment is a quasi-judicial body because it functions almost like a court. The board’s job is not to compromise ordinance provisions for a property owner’s convenience but to apply legal criteria provided in state laws, court decisions and the local ordinance to a specific fact situation.