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A variance is a request to deviate from current zoning requirements. If granted, it permits the owner to use his land in a way that is ordinarily not permitted by the zoning ordinance. It is not a change in the zoning law, but a waiver from the requirements of the zoning ordinance.
A use variance is asking for permission to establish a use of the property not otherwise, permitted, in the zoning district. The applicant must prove " unnecessary hardship."
An area variance is permission to build in an otherwise restricted portion of the property (such as in the required front, side or rear yards, or above the required building height, or in excess of the lot coverage regulations).
For more information, please see the Zoning Board of Appeals Relief page.
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Link to the Town of Hyde Park Zoning Laws
Setback is the distance from a curb, property line, or structure within which building is prohibited. Setbacks are building restrictions imposed on property owners. Local governments create setbacks through ordinances and Building Codes, usually for reasons of public policy such as safety, privacy, and environmental protection.
Your front property line is established by survey and may be marked with ‘monuments’. These are small concrete pillars placed at the corners of a parcel. The corridor for Town roads is 50 feet. The corridors for county and state roads vary. An approximation of the front property line is half the corridor width from the center of the road pavement. Pavements do not always adhere to the exact center of a corridor so this is not an accurate method of determining a front property line.
All zoning boards of appeals are directly given appellate jurisdiction by State law. Appellate jurisdiction is the power to hear and decide appeals from decisions of the officials charged with the administration and enforcement of the zoning ordinance or local law. This is the primary function and purpose of the zoning board of appeals, which also has the power to interpret the zoning ordinance or local law and to grant variances.
108-24B (2) No sign shall be placed, painted, or drawn on utility poles, bridges, culverts, or other road or utility structures or signposts, or on trees, rocks, or other natural features, except that signs not exceeding one square foot posting property boundaries may be placed on trees. No signs shall be placed on municipally owned property without the permission of the Town Board.
108-2.2 SHED definition: A temporary or permanent accessory structure for storage or animal husbandry, not to exceed 140 square feet of floor space and 10 feet in height. The term "shed" does not include a shipping container or truck body.
108-5.15 bulk regulation chart: One Shed may be placed up to five feet from the rear and side property lines but must adhere to the front property line setback.
Deed restrictions are enforced by the New York State Supreme Court.
The Zoning Board of Appeals is a court-like body. Petitions for changes in our zoning laws should be submitted to the Town Board.
Please submit a Complaint Form to the town's Zoning Administrator.