Oswego, N.Y., Code of Ordinances ch. 149 § 149-75
Variances
Operative Text
A. Where strict application of any of the requirements of this chapter shall deprive the owner of real property or a mobile home the reasonable use of his building, the Board of Appeals shall have the power, in passing upon appeals, to grant a variance to any of the regulations or provisions of this chapter relating to bulk, construction or alteration of buildings or structures or any part thereof or of use of said buildings, so that the spirit of this chapter shall be observed, public health, safety and welfare secured and substantial justice done. B. Such variance shall be granted by the Board of Appeals only if and wherever it finds: (1) That there are special circumstances or physical conditions fully described in the findings applying to the buildings for which the variance is sought and that said circumstance or condition is peculiar to such particular building and do not apply generally to buildings in the neighborhood; and that such circumstance or condition is such that the strict application of the provision of this chapter would deprive the applicant of the reasonable use of his building. (2) That for reasons set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or building involved, and that the variance, as granted by the Board of Appeals, is the minimum variance which will accomplish this purpose. (3) That the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise to the public welfare. C. Fee. Each application to the Board of Appeals for a variance shall be accompanied by a fee of $50 to help defray the cost of holding the hearing.
Section 149-75 of Oswego's Code of Ordinances establishes a variance process that allows property owners or mobile home owners to seek relief from strict application of the chapter's bulk, construction, or alteration requirements when those requirements would deny them reasonable use of their property. The Board of Appeals holds authority to grant such variances, but only after finding that special circumstances unique to the property exist, that the variance is the minimum necessary to achieve reasonable use, and that granting it would not harm the neighborhood or public welfare. A $50 application fee is required to help cover the cost of the hearing.
Plain English — not legal advice.
Under § 149-75, property owners or mobile home owners who face hardship from strict application of Oswego's building regulations may apply to the Board of Appeals for a variance. A compliant applicant typically documents the special physical circumstances or conditions unique to their property, demonstrates that the variance sought is the minimum necessary for reasonable use, and submits the required $50 fee with the application. Operators generally prepare detailed findings that address each of the three criteria the Board must evaluate before granting relief.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 149-75 governs how variances from Oswego's building and land-use regulations are granted, which can affect the character and use of properties in a neighborhood. Tenants living near a property for which a variance is sought may have an interest in the Board of Appeals hearing process, since the Board must find that any approved variance will not be injurious to the neighborhood or public welfare. Tenants who have concerns about a pending variance application may consider attending the public hearing, contacting the Board of Appeals for information about the process, or reaching out to a local tenant-rights organization for guidance.
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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation