TOWN OF SHARON ZONING LAW* - Schoharie County

Town of Sharon Zoning Lawb. whether the benefit sought by the applicant can be achieved by somemethod, feasible for the applicant to pursue, other than an areavariance;c. whether the requested area variance is substantial;d. whether the proposed variance will have an adverse effect or impacton the physical or environmental conditions in the neighborhood ordistrict; ande. whether the alleged difficulty was self-created, which considerationshall be relevant to the decision of the Board of Appeals, but shall notnecessarily preclude the granting of the area variance.2. The Board of Appeals, in the granting of area variances, shall grant theminimum variance that it shall deem necessary and adequate and at thesame time preserve and protect the character of the neighborhood and thehealth, safety and welfare of the community.B. Use Variance -No use variance shall be granted by a Board of Appeals without a showing bythe applicant that applicable zoning law and restrictions have causedunnecessary hardship. The applicant shall have the burden of provingunnecessary hardship to the satisfaction of the Zoning Board of Appeals. TheZoning Board of Appeals shall not determine that an applicant hassuccessfully proved unnecessary hardship unless it determines that theapplicant has demonstrated that, for each and every permitted use under thezoning law for the particular district where the property is located, thefollowing four criteria have been met for each such permitted use:1. that the applicant cannot realize a reasonable return, provided that lack ofreturn is substantial as demonstrated by competent financial evidence;2. that the alleged hardship relating to the property in question is unique, anddoes not apply to a substantial portion of the district or neighborhood;3. that the requested use variance, if granted, will not alter the essentialcharacter of the neighborhood; and4. that the alleged hardship has not been self-created.The Board of Appeals, in the granting of use variances, shall grant theminimum variance that it shall deem necessary and adequate to address theunnecessary hardship proven by the applicant, and at the same time preserve80