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General city law 81-b

http://ongov.net/planning/documents/H.SpotZoneorGranttheIllegalUseVariance.pdf WebFeb 27, 2003 · City of Albany Bd. of Zoning Appeals, 216 A.D.2d 680, 682; see General City Law § 81-b [b] [ii]) or that their acquisition of the property less than a year before this application was submitted while on notice that it was subject to the R-1 restrictions did not constitute a self-created hardship (see Matter of Diana v.

Matter of Cacsire v City of White Plains Zoning Bd. of Appeals …

WebFeb 11, 2003 · We would add only that unlike Town Law § 267-b(2)(b)(1) and General City Law § 81-b(3)(b)(I), Zoning Resolution § 72-21(b) does not require an applicant for a use variance to show that it cannot realize a reasonable return “for each and every permitted use under the zoning regulations.” Rather, it requires a showing that there is “no ... WebJan 1, 2024 · New York Consolidated Laws, General City Law - GCT. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, … halex beam clamp https://fjbielefeld.com

New York Consolidated Laws, General City Law - GCT

WebPursuant to Town Law § 267-b (3), which sets forth the same standards as General City Law § 81-b as enacted by the City of White Plains, when determining whether to grant … WebIn determining whether to grant an application for an area variance, a zoning board must engage in a balancing test weighing "the benefit to the applicant if the variance is granted . . . against the detriment to the health, safety and welfare of the neighborhood or community by such grant" (General City Law § 81-b[4][b]; see Matter of Colin ... WebPursuant to Town Law § 267-b (3), which sets forth the same standards as General City Law § 81-b as enacted by the City of White Plains, when determining whether to grant an application for an area variance, a zoning board must weigh the benefit to the applicant against the detriment to the health, safety, and welfare of the neighborhood or ... bumblebee yellow transformer

Matter of Monroe Beach, Inc. v Zoning Bd. of Appeals of City of …

Category:New York Consolidated Laws, General City Law - GCT § 81

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General city law 81-b

Eck v. City of Kingston Zoning Board of Appeals - casetext.com

WebDec 31, 2024 · For Variances, the ZBA must base its decision upon the standards of proof contained in Section 81-b of New York State General City law. For Interpretations, the ZBA will base its decision on the City’s Zoning Ordinance. The burden of proof is on the applicant when applying to the ZBA for a Variance or Interpretation. WebMay 4, 2024 · However, the zoning board cannot fail to account for the five-factor test mandated by statute (see General City Law § 81-b[4][b][i]-[v]; Town Law § 267-b[3][b]; …

General city law 81-b

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WebSection 81-D - Incentive zoning; definitions, purposes, conditions, procedures 1. Definitions. As used in this section: (a) "Incentives or bonuses" shall mean adjustments to the … WebOct 22, 2024 · The Court cited General City Law § 81-a(5)(a), which imposes an affirmative duty on zoning enforcement officers to “file” each decision, order, or determination within …

WebIt is undisputed that the Cemetery satisfied the remaining statutory criteria for the grant of a use variance (see General City Law § 81-b[3][b]). Therefore, we agree with the Supreme Court's determination annulling the Board's denial of so much of the petitioner's application as sought a use variance on the ground that it was arbitrary and ... WebIn determining whether to grant an application for an area variance, a zoning board is required to engage in a balancing test weighing the benefit to the applicant against the detriment to the health, safety, and welfare of the neighborhood or community if the variance is granted (see General City Law § 81-b [4] [b]; Matter of Halperin v City ...

WebApr 21, 2024 · In determining whether to grant an application for an area variance, a zoning board must engage in a balancing test weighing "the benefit to the applicant if the variance is granted ... against the detriment to the health, safety and welfare of the neighborhood or community by such grant" ( General City Law § 81–b[4][b] ; see Matter of Colin ...

Web2024 New York Laws GCT - General City Article 5-A - Buildings and Use Districts 81-B - Permitted Action by Board of Appeals. Universal Citation: NY Gen City L § 81-B (2024) § …

WebImposition of conditions. The board of appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions … h alexandersWebMatter of L & M Graziose, LLP v City of Glen Cove Zoning Bd. of Appeals 2015 NY Slip Op 02971 Decided on April 8, 2015 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on ... bumblebee young justiceWebGeneral City Law § 81-b [3]). In making a determination whether to grant an area variance, the zoning board of appeals must "take 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 by such grant" (id. § 267-b [3] [b]). bumblebee y optimus prime colorearWebGeneral City Law 81-b and City of Beacon Code Section 223-54 et seq. The jurisdiction of the zoning board of appeals is limited to reviewing the decisions of, or hearing appeals … halex cable glandsWebSee Village Law § 7-712-b(3) and General City Law § 81-b(4). Although the "self-created" nature of the difficulty was never necessarily fatal, see Conley v. Brookhaven Zoning Bd., … halex 9 ft shuffleboardWebMay 4, 2024 · However, the zoning board cannot fail to account for the five-factor test mandated by statute (see General City Law § 81-b[4][b][i]-[v]; Town Law § 267-b[3][b]; Village Law § 7-712-b[3][b]) and typically included … bumblebee youth fair ridesWebPetitioners further contend that the ZBA did not comply with General City Law § 81–b (4) in granting the variances. "[T]he determination whether to grant or deny an application for an area variance is committed to the broad discretion of the applicable local zoning board" ( Matter of People, Inc. v. City of Tonawanda Zoning Bd. of Appeals ... halex architecture