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Page 1 of 3 Cayuga County Zoning Board of Appeals Sample Application for Use Variance ZBA Appeal Appeal No.: Hearing Date: Receipt No.: 1. Type of Appeal Appeal is made herewith for a use variance from the Zoning Ordinance. 2. Appellant Information APPELLANT: (Name) (Address) (City) (State) (Zip Code) / / (Phone) (Fax) (Email) PROPERTY OWNER (if different) (Name) (Address) (City) (State) (Zip Code) / / (Phone) (Fax) (Email) 3. Location of Property / / (Number and Street) (Tax Map Number) (Use District on Zoning Map) 4. Provision(s) of the Zoning Ordinance Appealed (Indicate the article/section/subsection/paragraph) ---PAGE BREAK--- Page 2 of 3 5. Previous Appeal A previous appeal ( ) has ( ) has not been made with respect to this proposal and was (were) made in Appeal No. dated Appeal No. dated Appeal No. dated Appeal No. dated 6. Description of the Appeal A. What uses are permitted in the Zoning District? B. What use, not currently permitted, are you seeking for your property? C. Describe the project that requires the appeal 7. Criteria for Use Variance Review State statute requires the appellant to prove that the Zoning Ordinance has caused an “unnecessary hardship”. In order to prove such an unnecessary hardship the applicant must demonstrate to the Board of Zoning Appeals the following information for each and every use permitted in the zoning district: A. the appellant cannot realize a reasonable return, provided that the lack of return is substantial as demonstrated by competent financial evidence. B. that the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district. C. that the requested use variance, if granted, will not alter the essential character of the neighborhood D. that the alleged hardship has not been self-created. E. that the requested use variance is the minimum variance necessary and adequate to address the unnecessary hardship while at the same time preserving and protecting the health, safety and welfare of the community. Given these requirements: A. Use the “Worksheet for Use Variance Application” to demonstrate that you cannot realize a reasonable return from any of the permitted uses in the Zoning District. B. What evidence can you provide that the alleged hardship relates only to your property and not to a substantial portion of the Zoning Appeal No. ---PAGE BREAK--- Page 3 of 3 C. What evidence can you provide that the use variance will not alter the essential character of the D. What evidence can you provide that the alleged hardship has not been self-created? E. Why is the use variance you are requesting the minimum variance necessary and adequate to ad- dress the alleged hardship? 8. Certification I certify that the information submitted with the appeal is true to the best of my knowledge and belief, and that I have read and am familiar with those sections of the Town/Village of Zoning Ordinance that apply to this appeal. I also acknowledge that the Board of Zoning Appeals may visit the property and specifically permit such visits. (Signature of Land Owner) (Date) USE SEQR Classification: ( ) Unlisted ( ) Type 2 Environmental Assessment Forms Used: ( ) Short EAF ( ) Long EAF ( ) Lead Agency ( ) Determination of Significance SEQR Determination of Significance: ( ) Negative Declaration ( ) Positive Declaration Building Permit Application No. (if any) Date Received Date of First Hearing GML 239 Review Required? ( ) Yes ( ) No GML 239 Review Determination Town/Village Planning Board Review Required? ( ) Yes ( ) No Town/Village Planning Board Recommendation: