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| FROM THE SUPERVISOR |
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Let’s Talk about the Zoning Board of Appeals (ZBA)
The Zoning Board of Appeals has the power to issue interpretations of the Zoning Ordinance to grant use variances and area variances. No such relief may be granted unless the applicant has proven their case and satisfied the applicable Standard of Proof. In other words, the applicant must furnish facts, proof, etc. to satisfy those standards. If the proof is insufficient, your case will be denied.
The burden is always on the applicant to prove their entitlement of the relief sought. At the Zoning Office at the Town Hall in Cicero you may obtain help in preparing your case. A copy of the Standards of Proof is available at the Zoning Office to assist you with your application.
It is extremely important that you pay attention to the specifics of this procedure. Anticipating favorable relief from the Zoning Board of Appeals can only happen if you have proven your case according to the provided standards. Bringing exhibits including maps, surveys and documents, which you intend to offer into evidence at the hearing, must be submitted in ten (10) copies so that each Board Member, the Secretary, and the Attorney are furnished with copied. No exhibits will be returned. All applications must be received approximately three (3) weeks prior to hearing date.
One part of the rules and procedures include having an accurate survey by a licensed surveyor that is no older than 2 years, showing property lines with distances and angles, north arrow, scale, date and property address. Also, the location, width, and purpose of all existing and proposed easements. A description of all existing deed restrictions or covenants applying to the said property. On the survey show proposed location with accurate measurements to all building, structures, pools, retaining walls, fences, or easements. A short environmental form and photos of the property and affected areas, if it is an addition.
The Criteria used for determining a Use Variance is:
1. The land in question cannot yield a Reasonable Return if used only for a purpose allowed under its present zoning.
2. The plight of the owner is due to Unique Circumstances and not due to the general conditions in the neighborhood, which may reflect the unreasonableness of the zoning ordinance, itself.
3. The use to be authorized by the variance will not alter the Essential Character of the Locality.
4. The Alleged Hardship has not been self-created.
Some questions that will be asked of the applicant include:
1. Is the requested variance substantial?
2. Will an undesirable change be produced in the character of the neighborhood, or will the granting of the area variance created a detriment to nearby properties?
3. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than an area variance?
4. Was the alleged difficulty self-created? (A “yes”, however, does not in itself preclude the granting of the variance).
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