NY Town L § 267-B (2021)
2021 New York Laws TWN - Town Article 16 - 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.