Gates, N.Y., Code of Ordinances ch. 120 (eCode360 ed. 2026) § 120-19
Variances
Operative Text
Where there are practical difficulties, unusual circumstances or unnecessary hardship, the Planning Board may recommend and the Zoning Board may grant variances from the provisions of this chapter, except that no variance shall be granted from the requirements set forth below: A. The minimum land requirement as contained in the definition of a mobile home park. (See § 120-3 .) B. Location. (See § 120-5 .) C. Minimum and maximum units. (See § 120-6 .) D. Density. (See § 120-7A .)
Section 120-19 of the Gates, N.Y., Code of Ordinances establishes a variance process for mobile home park regulations, allowing the Planning Board to recommend and the Zoning Board to grant relief from certain requirements when practical difficulties, unusual circumstances, or unnecessary hardship exist. However, four categories of requirements are entirely off-limits for variances: minimum land area (§ 120-3), location standards (§ 120-5), minimum and maximum unit counts (§ 120-6), and density limits (§ 120-7A). All other provisions of Chapter 120 may potentially be subject to variance relief through the established board process.
Plain English — not legal advice.
Operators and developers of mobile home parks in Gates should be aware that § 120-19 provides a two-step variance pathway—first a Planning Board recommendation, then Zoning Board approval—when a project faces genuine practical difficulties or hardship under Chapter 120. Compliant operators generally document the specific hardship or unusual circumstance thoroughly before approaching either board, since the burden of demonstrating eligibility rests with the applicant. Critically, no variance application under § 120-19 can override the absolute requirements for minimum land area, location, unit counts, or density, so projects must be designed to meet those standards from the outset.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Residents and prospective residents of mobile home parks in Gates may find § 120-19 relevant when a park operator seeks to deviate from Chapter 120's standards, as any granted variance must still comply with the non-waivable requirements covering land area, location, unit counts, and density. Tenants who believe a variance was improperly granted—or that a park is operating outside approved conditions—can raise those concerns before the Zoning Board or Planning Board during public proceedings, or consult a tenant-rights organization familiar with local zoning law. Understanding which requirements under § 120-19 cannot be waived may help residents assess whether a park's configuration meets the baseline protections the ordinance guarantees.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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