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Administrative adjustment
(1) Authority.
The Building Inspector shall have authority to issue administrative adjustments, but only in accordance with the provisions of this section.
(2) Purpose.
For purposes of this section, carrying out the strict letter of a provision of this chapter may cause a practical difficulty, and an administrative adjustment is permitted to alleviate these practical difficulties in cases where all reasonable attempts were made to comply with the setback requirements, but, because of errors made, the structure was located within the required setback. This procedure can only be applied to new structures that obtained building permits in accordance with state and Town regulations.
(3) Administrative adjustment standards.
To approve an application for an administrative adjustment, the Building Inspector shall make an affirmative finding that the following standards are met:
(a) The benefits to the applicant of the approval of the administrative adjustment outweigh any detriments to the health, safety and welfare of the neighborhood or community by such approval.
(b) There is no means other than the requested administrative adjustment by which the difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject lot or parcel.
(4) Procedures.
(a) Application. An application for an administrative adjustment shall include a brief description of the requirement to be varied and any other material necessary to ensure the criteria in this section.
(b) Action by Building Inspector. Within 45 days, the Building Inspector shall review the application and approve, approve with conditions or deny the application based upon the criteria below. A written decision including affirmative findings on the criteria set forth below shall be mailed to the applicant.
(c) Approval or denial. The Building Inspector shall have the authority to approve an administrative adjustment of up to one foot from any numerical standard set forth in this chapter. Any request greater than one foot shall be treated as a variance and reviewed by the Zoning Board of Appeals subject to the requirements of § 165-19: Powers and duties of Zoning Board of Appeals.
(5) Appeals.
(a) Appeal of a decision by the Building Inspector on an administrative adjustment shall be taken to the Zoning Board of Appeals within 60 days of the date of the Director of Zoning's decision in accordance with the procedures outlined in § 165-19: Powers and duties of Zoning Board of Appeals.
(b) An appeal from any final decision of the Zoning Board of Appeals as to any matter regarding the administrative adjustment may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department, bureau, board or commission of the City in accordance with Article 78 of the New York Civil Practice Law and Rules.