2013 New York Consolidated Laws
VIL - Village
Article 7 - (7-700 - 7-742) BUILDING ZONES
7-712-B - Permitted action by board of appeals.

 
    §   7-712-b   Permitted   action  by  board  of  appeals.  1.  Orders,
  requirements, decisions, interpretations, determinations. The  board  of
  appeals  may  reverse  or  affirm,  wholly  or partly, or may modify the
  order, requirement, decision, interpretation or  determination  appealed
  from and shall make such order, requirement, decision, interpretation or
  determination as in its opinion ought to have been made in the matter by
  the  administrative  official charged with the enforcement of such local
  law and to that end shall have all  the  powers  of  the  administrative
  official  from  whose  order,  requirement,  decision, interpretation or
  determination the appeal is taken.
    2. Use variances. (a)  The  board  of  appeals,  on  appeal  from  the
  decision or determination of the administrative officer charged with the
  enforcement  of  such  local  law,  shall  have  the  power to grant use
  variances, as defined herein.
    (b) No such use variance shall  be  granted  by  a  board  of  appeals
  without  a  showing  by the applicant that applicable zoning regulations
  and restrictions have caused unnecessary hardship.  In  order  to  prove
  such  unnecessary  hardship the applicant shall demonstrate to the board
  of appeals that for each  and  every  permitted  use  under  the  zoning
  regulations  for  the particular district where the property is located,
  (1) the applicant cannot realize a reasonable return, provided that lack
  of  return  is  substantial  as  demonstrated  by  competent   financial
  evidence;  (2)  that  the  alleged  hardship relating to the property in
  question is unique, and does not apply to a substantial portion  of  the
  district  or  neighborhood;  (3)  that  the  requested  use variance, if
  granted, will not alter the essential character of the neighborhood; and
  (4) that the alleged hardship has not been self-created.
    (c) The board of appeals, in the  granting  of  use  variances,  shall
  grant  the minimum variance that it shall deem necessary and adequate to
  address the unnecessary hardship proved by the  applicant,  and  at  the
  same time preserve and protect the character of the neighborhood and the
  health, safety and welfare of the community.
    3.  Area  variances.  (a)  The  zoning board of appeals shall have the
  power,  upon  an  appeal  from  a  decision  or  determination  of   the
  administrative  official charged with the enforcement of such local law,
  to grant area variances as defined herein.
    (b) In making its determination, the zoning  board  of  appeals  shall
  take  into consideration the benefit to the applicant if the variance is
  granted, as weighed against the detriment  to  the  health,  safety  and
  welfare  of  the neighborhood or community by such grant. In making such
  determination the board shall also consider: (1) whether an  undesirable
  change  will  be  produced  in  the  character  of the neighborhood or a
  detriment to nearby properties will be created by the  granting  of  the
  area  variance;  (2)  whether the benefit sought by the applicant can be
  achieved by some method, feasible for the  applicant  to  pursue,  other
  than  an  area  variance;  (3)  whether  the  requested area variance is
  substantial; (4) whether the proposed  variance  will  have  an  adverse
  effect  or  impact  on  the  physical or environmental conditions in the
  neighborhood or district; and (5) whether  the  alleged  difficulty  was
  self-created;  which  consideration shall be relevant to the decision of
  the board of appeals, but shall not necessarily preclude the granting of
  the area variance.
    (c) The board of appeals, in the granting  of  area  variances,  shall
  grant the minimum variance that it shall deem necessary and adequate and
  at  the same time preserve and protect the character of the neighborhood
  and the health, safety and welfare of the community.
    4. Imposition of conditions.  The  board  of  appeals  shall,  in  the
  granting of both use variances and area variances, have the authority to

  impose  such  reasonable  conditions  and  restrictions  as are directly
  related to and incidental to the proposed  use  of  the  property.  Such
  conditions  shall be consistent with the spirit and intent of the zoning
  local  law,  and  shall  be  imposed  for  the purpose of minimizing any
  adverse impact such variance may have on the neighborhood or community.