Zoning Board of Appeals

There are 5 members of the Zoning Board of Appeals serving 5 year staggered terms, one new appointee every year. There is no requirement for appointment except to be a Village resident. The Village Manager has the appointment power.  Interest in serving on the ZBA should be directed in writing to the Village Manager.

The general purpose of the Zoning Board of Appeals is to hear and decide any appeal or decision, order or interpretation by the officer whose duty it is to enforce the zoning ordinance, and it shall have the power to reverse any decision of such officer on a concurring vote of the board as provided by statute. The Zoning Board of Appeals shall also conduct hearings on requests for variances.

In particular, the powers of the ZBA are:
1. Interpretation: To decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any zoning district boundary or any other determination made in the application and administration of this chapter.  Such interpretation shall be considered and rendered by the Board only upon application or appeal following a determination made by the Building Inspector.

2. Variances:  See the Village of Walden Code Chapter 305-54 for detailed guidelines.  Variances may be granted to modify or vary the strict application of any of the requirements of this chapter so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done where strict application would result in a practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved.  The unnecessary hardship or practical difficulty must relate to the land, not the applicant, as all variances run with the land. A hardship or difficulty which is merely personal to the current owner of real property will not justify the granting of a variance which runs with the land. Variances granted are subject to site plan review.

USE VARIANCE — The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.

AREA VARIANCE — The authorization by the Zoning Board of Appeals for the use of land in manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations, such as minimum lot size, minimum lot width, minimum setbacks, off-street parking requirements or sign limitations.

The Zoning Board of Appeals variance application is available to print and submit.  You must print this application on legal size paper!

Zoning Board of Appeals Variance Application