Land Use & Zoning
Under New York law, a 'hardship variance' (use variance) may be granted by a ZBA only when:
AThe applicant proves the property is worth more with the variance
BThe applicant demonstrates that strict application of the zoning ordinance causes unnecessary hardship unique to the property, not shared by other properties in the zone✓ Correct
CA majority of neighboring property owners consent to the variance
DThe proposed use is less intensive than the permitted uses in the zone
Explanation
Under New York Town Law section 267-b, a use variance may be granted only if the applicant demonstrates: (1) the property cannot yield a reasonable return under the existing zoning; (2) the hardship is unique to the property; (3) the variance will not alter the essential character of the neighborhood; and (4) the hardship is not self-created. This is a very high standard.
Related New York Land Use & Zoning Questions
- In New York City, a 'special permit' issued by the City Planning Commission differs from a variance in that:
- New York City's 'Floor Area Ratio' (FAR) determines:
- A buffer zone in land use planning is used to:
- In New York, a 'nonconforming use' is best described as:
- In New York, 'spot zoning' is generally disfavored and may be challenged legally because it:
- The New York State Environmental Quality Review Act (SEQRA) requires:
- In New York, a 'corridor study' or 'master plan update' is typically initiated by:
- In New York, 'downzoning' refers to a zoning change that:
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