Section 4.400 - Standards for Granting a Variance

Before granting a variance, the Town Board must determine that:

1. The difficulty or hardship would result only from these regulations and from no other cause, including the actions of the owner or previous owners of the property; and

2. (a) The difficulty or hardship is peculiar to the property in question and is not generally shared by other properties used for the same purposes; or

(b) The relationship of the property to natural topography or to the nature of adjoining properties warrants relief from the standard in question; or

(c) The difficulty or hardship from the application of these regulations would prevent the owner from making a reasonable use of the property. The fact that the property could be utilized more profitably with the variance than without the variance will not be considered as grounds for granting the variance; or

(d) The granting of a variance would permit the preservation of an historic structure or site, or a significant natural feature.

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