Informal Opinion No.

Paul D. Bennett, Esq. Assistant City Attorney, Ithaca

I am writing in response to your request for an opinion as to various zoning matters.

First, you have asked whether the city may, by legislative discretion, deem the off-street parking requirements contained in its zoning ordinance to be "area requirements" as opposed to "use requirements".

Generally speaking, variances are classified as either "use" or "area" variances depending on the type of restriction involved. The standard of proof required differs with the type of variance sought. Basically, use variances may be granted on a showing of…