[Ord. No. 4, 2-3-2021]
(a) 
General. In exercising its powers, the Board may reverse or affirm wholly or partly, or modify the order, requirement, decision or determination as in its judgment ought to be made in accordance with the provisions of this chapter and pursuant to Chapter 21 Article 5-A, Section 81 of the General City Law of the State of New York.
(b) 
Jurisdiction. The Board shall have all the power and duties prescribed by law and this chapter which are more particularly specified as follows:
(1) 
Interpretation. Upon appeals from a decision by the Commissioner of Code Enforcement, the Commissioner of Urban and Economic Development or any other administrative official, or by its own motion, the Zoning Board of Appeals, after due notice and public hearing, shall decide appeals where it is alleged that an error or misinterpretation in any order, requirement, decision, grant or refusal has been made in carrying out the enforcement of the provisions of this chapter, including the determination of the exact location of any district boundary if there is uncertainty with respect thereto.
(2) 
Grant variances. The Zoning Board of Appeals, after due notice and public hearing, may vary or adapt the strict application of any of the requirements of this chapter where in the case of exceptional physical limitations to land or buildings, such strict application would result in a practical difficulty (area variance) or unnecessary hardship (use variance) which would deprive the owner of the reasonable use of the land or building involved.
(3) 
Allow building in bed of mapped streets. If after due notice and hearing as provided for in Chapter 21, Article 3, Section 35 of the General City Law of the State of New York and in accordance with the provisions set forth an advisory opinion has been rendered by the Planning Board, the Board may grant a permit for a building in the bed of a mapped street or highway shown upon the official map or plan of the City.
(4) 
Extension of district boundaries. Where a district boundary line divides a lot in single ownership as shown of record at the time of the effective date of this chapter, the Board may extend the zoning district boundary line to include a greater portion or all of said lot in single ownership.
(5) 
Granting of temporary uses. The Zoning Board of Appeals may grant, after due notice and public hearing, the temporary occupancy and use of a structure or lot in any district for a purpose that does not conform with the district requirements provided that such occupancy and use is a temporary one and subject to any reasonable conditions and safeguards which the Board may impose to minimize any injurious effect on the neighborhood or contiguous property. The permit shall be granted for a period of 12 months and shall be renewable for a period of not more than 12 months.
[Ord. No. 4, 2-3-2021]
(a) 
Initiation. A property owner may apply to the Zoning Board of Appeals for a variance of the strict application of the terms of this chapter.
(b) 
Authorization.
(1) 
On an appeals from a determination of the Commissioner of Code Enforcement or the Commissioner of Urban and Economic Development and in conformity with law, the Zoning Board of Appeals has the authority to vary the requirements as they apply to a particular lot where the property owner can show that his or her property was acquired in good faith and where the strict application of this chapter would result in practical difficulty or unnecessary hardship.
(2) 
No application for a variance shall be acted upon until the required public hearing has been held. The Zoning Board of Appeals shall render a written decision on the application for an area or use variance within 62 days of the date of the public hearing. This time period may be extended by mutual consent of the applicant and the Board.
(c) 
Application.
(1) 
Every application for a variance shall be filed with the Commissioner of Code Enforcement. No application shall be officially on file with the City unless and until the application and all required accompanying submissions are submitted to the Commissioner of Code Enforcement.
(2) 
The application shall contain the following information:
a. 
The specific provision or provisions of this chapter from which an area or use variance is sought.
b. 
The nature and extent of the variance sought.
c. 
The special conditions of the property, or the nature of the use and/or development of contiguous properties, which would make such a variance necessary.
d. 
A detailed statement indicating why the variance should be granted.
e. 
A detailed site plan drawn to scale or with all measurements clearly labeled.
f. 
Photographs of the land or building involved which highlight the area affected by the variance.
(d) 
Standards for area and use variances. The Zoning Board of Appeals shall prescribe appropriate conditions and safeguards to carry out the requirements of this subsection and shall not grant any variance unless it shall make a finding of fact based upon the evidence as presented to it in each specific case as specified below:
(1) 
Area variance.
a. 
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the Commissioner of Code Enforcement, 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 Zoning Board of Appeals, but shall not necessarily preclude the granting of the area variance.
c. 
The Zoning 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.
d. 
Imposition of conditions. The Zoning 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.
(2) 
Use variances.
a. 
The Zoning Board of Appeals, on appeal from the decision or determination of the Commissioner of Code Enforcement, shall have the power to grant use variances, as defined herein.
b. 
No such use variance shall be granted by a Zoning 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 Zoning 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. 
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. 
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
4. 
The alleged hardship has not been self-created.
c. 
The Zoning 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.
(e) 
Expiration of variances.
(1) 
Whenever a variance is authorized by the Zoning Board of Appeals, the activity authorized thereby shall be established and any construction authorized thereby shall be diligently prosecuted and shall be completed within 12 months after the effective date of such variance, unless an extension of not more than six months shall be granted by the Zoning Board of Appeals because of the occurrence of conditions unforeseen at the time of authorizing such variance.
(2) 
If not so acted on and completed within a period of 12 months, unless the same is extended as aforesaid, such variance shall automatically expire without notice.
[Ord. No. 4, 2-3-2021]
All hearings of the Board shall be open to the public to the extent provided in Article Seven of the Public Officers Law. The Board shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations, and other official actions, all of which shall be kept on file in the offices of the City Planning Department and shall be part of the public record.
[Ord. No. 4, 2-3-2021]
A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reviewed may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify or annul its original decision or determination upon the unanimous vote of all members then present, provided the Board finds that the rights vested in persons acting in good faith in reliance upon the reviewed order, decision or determination will not be prejudiced thereby.