FORM:&ZBA02&
Use&Variance&Application&
City%of%Newburgh,%New%York,%Zoning%Board%of%Appeals%
123%Grand%Street,%Newburgh,%New%York%12550%
Phone:%(845)%569-7400% Fax:%(845)%569-0096%
www.cityofnewburgh-ny.gov
ZBA02 Page 1 of 4 Issue Date: 1/2/2017
USE VARIANCE APPLICATION
All Variance applications must include sufficient plans and descriptive information. All Area
Variance applications require form LDA01 and all information required therein, in addition to
the requirements below.
PROPERTY ADDRESS: _______________________________________
The applicant must fill in all sections completely. A variance constitutes relief from the strict
application of Zoning Ordinance requirements, and the Zoning Board of Appeals is required to
give sound reasons, based on the information contained in this application, for granting this
relief. The applicant should add as much detail as possible when completing B (1)-(6) of this
application to enable the ZBA to balance the benefit of the variance to the applicant against the
detriment to the health, safety, and welfare of the neighborhood or community. Attach additional
information to this application as necessary.
Denial Letter from Building Inspector: Letter communicating the Building Inspector’s
decision or determination that resulted in application for appeal to the ZBA.
Informational Inspection Report is sufficient for this purpose.
Statement of Financial (Economic) Evidence: Please submit competent financial
evidence, as described in B(1) below, proving that the applicant cannot realize a
reasonable return on the property as zoned.
Plot Plan: Eleven (11) copies. If the use variance applied for involves any expansion of
existing buildings or new construction on the site, then the applicant must submit eleven
(11) copies of a complete plot plan of the proposed expansion drawn to scale with
accurate dimensions, showing the location of all existing and proposed structures on the
lot in sufficient detail to enable the zoning board to determine compliance with PART II
B(1)-(4) below.
Site Context Map: Eleven (11) copies. Please submit eleven (11) copies of a site
context map showing the zoning of the parcel in question, as well as the zoning of all
adjacent properties.
FOR&INTERNAL&USE&ONLY%
Appeal%Number:%
Notes:%
FORM:&ZBA02&
Use&Variance&Application&
City%of%Newburgh,%New%York,%Zoning%Board%of%Appeals%
123%Grand%Street,%Newburgh,%New%York%12550%
Phone:%(845)%569-7400% Fax:%(845)%569-0096%
www.cityofnewburgh-ny.gov
ZBA02 Page 2 of 4 Issue Date: 1/2/2017
A. SUBJECT TO APPEAL
Pursuant to Section 300-114 of the Zoning Ordinance, this application, relative to the above
referenced property, constitutes an appeal from the decision or determination* of the
Administrative Official of the Zoning Ordinance (the Building Inspector of the City of
Newburgh).
Name of Official:
______________________________________________________________________________
*Please attach a copy of the decision or determination appealed.
B. USE VARIANCE REQUEST (& proof that required standards are met)
I/We, _____________________________________________________, hereby apply to the
Zoning Board of Appeals for a variance from the following requirements of the Zoning
Ordinance:
(1) Demonstrate that% the% owner% cannot% realize% a% reasonable% return% on% the% property% as
zoned.%%The%lack%of%return%must%be%substantial%and%proved%with%competent%financial
evidence,% which% must% be% attached% to% this% application.% % It% is% not% enough% for% the
applicant% to% show% that% the% desired% use% would% be% more% profitable% than% the% use
permitted%under%the%zoning.%What%must%be%established%is%that%the% return% from% the
property% would% not% be% reasonable% for% each% and% every% use% that%is% permitted% under
the%ordinance.
INELIGIBLE HARDSHIPS
The following hardships are not hardships within the meaning of the Zoning Ordinance:
FORM:&ZBA02&
Use&Variance&Application&
City%of%Newburgh,%New%York,%Zoning%Board%of%Appeals%
123%Grand%Street,%Newburgh,%New%York%12550%
Phone:%(845)%569-7400% Fax:%(845)%569-0096%
www.cityofnewburgh-ny.gov
ZBA02 Page 3 of 4 Issue Date: 1/2/2017
1. The applicant, with or without knowledge of the Zoning Ordinance variance provisions, has
acquired the site subsequent to the adoption of the Zoning Ordinance variance provisions.
2. The applicant has caused a self-imposed hardship by changing his circumstances after adoption of
the Zoning Ordinance variance provisions. For example, the applicant, in selling a portion of a
larger site, has either created a new lot that is deficient in total area or has rendered the existing
larger segment on which the structure is located insufficient in yard space.
3. The applicant would realize financial advantage from a change to the site, the structure, or the use.
(2) Demonstrate that the%hardship%claimed%is%unique%to%the%owner’s%property%and%not
applicable%to%a%substantial%part%of%the%neighborhood.%%If%the%hardship%is%common%to%a
substantial%portion%of%the%neighborhood,%the%remedy%is%to%seek%a%change%in%the
zoning,%not%to%apply%for%a%use%variance.
FORM:&ZBA02&
Use&Variance&Application&
City%of%Newburgh,%New%York,%Zoning%Board%of%Appeals%
123%Grand%Street,%Newburgh,%New%York%12550%
Phone:%(845)%569-7400% Fax:%(845)%569-0096%
www.cityofnewburgh-ny.gov
ZBA02 Page 4 of 4 Issue Date: 1/2/2017
(3) Demonstrate that%the%granting%of%the%variance%w ill%not%alter%the%essential%character%of
the% neighborhood.% % In% making% this% determination,% the% zoning% board% considers% the
intensity%of% the% proposed% development% as% compared% to%the% existing% and% permitted
uses%in%the%neighborhood.
(4) Demonstrate that%the%hardship%claimed%by%the%applicant%is%not%self-created.
C. SIGNATURES
By signing this application the applicant attests that, to the best of his or her knowledge, all information
provided herein is accurate and truthful. The undersigned further agrees the subject premises may be
entered and inspected by any City Staff, Board, or Commission members responsible for of the review or
approval of this application.
Applicant%Signature%
Date%