2010 New York Code
TWN - Town
Article 16 - (261 - 285) ZONING AND PLANNING
267-B - Permitted action by board of appeals.

§   267-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
  ordinance or 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 official charged with
  the enforcement of such ordinance or 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  proven 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  ordinance
  or 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
  ordinance  or  local  law,  and  shall  be  imposed  for  the purpose of
  minimizing any adverse impact such variance may have on the neighborhood
  or community.

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