Criteria for Variances

To apply for a variance, please contact the Building Department 845-225-3900 to request an application.

There are two basic kinds of variance requests: 

  • Area Variances and
  • Use Variances

Statute and court decisions have set guidelines and criteria for Zoning Boards in New York State to follow when reviewing applications for these variances.

Summary of Area Variance Criteria

Balancing Test — The Zoning Board of Appeals shall balance the benefit to the applicant with any detriment to the health, safety welfare of the community.

The Board of Appeals shall also consider:

  • Whether the benefit can be achieved by other means feasible to the applicant Whether there will be an undesirable change in the character of the neighborhood or to nearby properties
  • Whether the request is substantial
  • Whether there request will have an adverse physical or environmental impact
  • Whether the alleged difficulty is self-created

If approved the Board shall grant the minimum variance necessary, and may impose reasonable conditions.

Summary of Use Variance Criteria

To allow a use not otherwise allowed under the town zoning code, an applicant must demonstrate to the Board - unnecessary hardship. Such demonstration includes all of the following, for each and every permitted use:

  • The applicant cannot realize a reasonable return on his/her property - this inability must be substantial as shown by competent financial evidence
  • The alleged hardship is unique and does not apply to a substantial portion of the district or neighborhood
  • The requested variance will not alter the essential character of the neighborhood
  • The alleged hardship has not been self-created.

If approved the Board shall grant the minimum variance necessary, and may impose reasonable conditions.

For more information visit the New York Planning Federation website.