Variances.

A. Use variances. Application for any use variance from the provisions of § 130-9 shall be made to the Town of Webster Zoning Board of Appeals. A use variance may be granted, after public hearing, only upon the establishment of public necessity in that the use variance is required to render safe and adequate service and that there are compelling reasons, economic or otherwise, which make the site more feasible for the proposed use than alternative sites as might be provided or available.B. Area variances. Application for any area variance where the requirements of the provisions of § 130-10 cannot be met shall be made to the Town Board if a special use permit is required by § 130-11 , and an application for any other area variance where the requirements of any other provision of this chapter cannot be met shall be made to the Webster Zoning Board of Appeals.

An area variance may be granted, after public hearing, upon the Town Board and Zoning Board of Appeals taking into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. The Town Board and Zoning Board of Appeals shall consider:(1) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by granting of the area variance;(2) Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;(3) Whether the requested area variance is substantial;(4) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and(5) Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Town Board or Zoning Board of Appeals, but shall not necessarily preclude the granting of the area variance.

The Town Board and Zoning Board of Appeals, in its consideration of area variances, shall grant only the minimum variance that it shall deem necessary and adequate and, at the same time, preserve and protect the character of the neighborhood and the health, safety and welfare of the community.C. Imposition of conditions. The Town Board, in its consideration of an area variance, and the Zoning Board of Appeals, in its consideration of both use variances and area variances, shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property and/or the period of time such variance shall be in effect.

Such conditions shall be consistent with the spirit and intent of the zoning ordinance[1] or local law and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.[1]Editor's Note: See Ch. 350, Zoning.