The Zoning Board of Appeals shall have all the powers and duties prescribed by Town Law and by this chapter, which are more particularly specified as follows:
A. Interpretation. The Zoning Board of Appeals may reverse or affirm, wholly or partially, 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 by the administrative official, i.e., the Town Code Enforcement Officer, charged with the administration and enforcement of this chapter and to that end shall have the power of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.
B. Use variances.
(1) The Zoning Board of Appeals, upon appeal from the decision or determination of the Code Enforcement Officer, shall have the power to grant use variances authorizing a use of land which otherwise would not be allowed or would be prohibited within the specific zoning district by the terms of this chapter.
(2) No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that the applicable regulations and restrictions imposed by this chapter have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals compliance with each of the following criteria:
(a) That under the applicable regulations and restrictions imposed by this chapter the applicant cannot realize a reasonable return, provided that the lack of return is substantial as demonstrated by competent financial evidence.
(b) 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.
(c) That the requested use variance, if granted, will not alter the essential character of the district or neighborhood.
(d) That the alleged hardship has not been self-created.
(3) The Board of Appeals, in the granting of a use variance, shall grant the minimum variance that is deemed 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.
C. Area variances.
(1) The Zoning Board of Appeals, upon appeal from the decision or determination of the Code Enforcement Officer, shall have the power to grant area variances from the area and bulk requirements of this chapter.
(2) In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the area 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 of Appeals shall explicitly consider each of the following factors:
(a) 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.
(b) Whether the benefit sought by the applicant can be achieved by some other method or means feasible for the applicant to pursue, other than an area variance.
(c) Whether the requested variance is substantial.
(d) Whether the requested area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or zoning district.
(e) Whether the alleged practical 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.
(3) The Board of Appeals, in the granting of an area variance, 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. Nonconforming uses. To review any request for change of use of a nonconforming use, as required by Article
VIII, §
210-68C, of this chapter, and to determine whether the intended use is similar or more restricted.