Johnson City, N.Y., Code of Ordinances ch. 165 (eCode360 ed. 2026) § 165-26
Variances
Operative Text
A. Any owner of rental property in the Village of Johnson City may apply to the Zoning Board of Appeals for a variance, on a temporary or permanent basis, from the requirements of this chapter. Such variance shall be granted upon a showing by the owner by clear and convincing evidence as follows: (1) That this chapter creates a unique hardship to the applicant that is different than other owners of rental property in the Village of Johnson City who are similarly situated; (2) That the granting of a variance will not undermine the purpose and intent of this chapter; (3) That the granting of a variance will not adversely affect the health, safety and welfare of neighboring property owners; and (4) That the granting of a variance will not adversely affect the character of the neighborhood and that the variance, if granted, will have minimal impacts on the neighborhood and adjacent property owners. B. In granting any variance, the Zoning Board of Appeals shall grant the minimum variance necessary to alleviate the hardship demonstrated by the applicant. C. Any owner that receives a variance from this chapter must maintain its property in compliance with all laws, rules and regulations of any governmental entity having jurisdiction over such property. If an owner fails to comply with this section, then the Zoning Board of Appeals may revoke the variance previously granted subject to notice and an opportunity to be heard by the owner.
Section 165-26 of Johnson City, N.Y., Code of Ordinances ch. 165 establishes a process by which rental property owners may seek relief from the requirements of Chapter 165 through a variance granted by the Zoning Board of Appeals. To obtain a variance, an owner must demonstrate by clear and convincing evidence that the chapter creates a unique hardship distinct from other similarly situated owners, and that granting the variance would not undermine the chapter's purpose, harm neighboring property owners, or negatively affect neighborhood character. Any variance granted must be the minimum necessary to address the demonstrated hardship, and it remains conditional on the owner's continued compliance with all applicable laws — failure to comply can result in revocation after notice and a hearing.
Plain English — not legal advice.
Under § 165-26, rental property owners in Johnson City who believe Chapter 165 imposes a unique hardship on their specific property may file a variance application with the Zoning Board of Appeals, requesting either temporary or permanent relief. Operators who pursue this path generally document how their situation differs from other similarly situated rental owners and prepare evidence showing the variance would not harm neighbors or the neighborhood's character. Owners who are granted a variance typically maintain ongoing compliance with all other applicable laws and regulations, since the Board retains authority to revoke the variance — following notice and a hearing — if compliance lapses.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 165-26 governs the conditions under which a landlord may be excused from certain requirements of Chapter 165, and tenants have an interest in understanding when and how such variances are granted or revoked. Because variances must meet a clear and convincing evidence standard and cannot undermine the chapter's health, safety, and welfare protections, tenants may have grounds to raise concerns if they believe a variance was improperly obtained or that a landlord is no longer in compliance with the conditions of a granted variance. Tenants who believe a variance is being misused or that compliance has lapsed may consider contacting the Johnson City Zoning Board of Appeals directly or reaching out to a local tenant-rights organization for guidance on available options.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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