§ 81-b. Permitted action by board of appeals. 1. Definitions. As used
in this section:

(a) "Use variance" shall mean the authorization by the zoning board of
appeals for the use of land for a purpose which is otherwise not allowed
or is prohibited by the applicable zoning regulations.

(b) "Area variance" shall mean the authorization by the zoning board
of appeals for the use of land in a manner which is not allowed by the
dimensional or physical requirements of the applicable zoning
regulations.

2. 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.

3. 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:

(i) the applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence;

(ii) the alleged hardship relating to the property in question is
unique, and does not apply to a substantial portion of the district or
neighborhood;

(iii) the requested use variance, if granted, will not alter the
essential character of the neighborhood; and

(iv) 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.

4. 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:

(i) 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;

(ii) whether the benefit sought by the applicant can be achieved by
some method feasible for the applicant to pursue, other than an area
variance;

(iii) whether the requested area variance is substantial;

(iv) whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district; and

(v) 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.

5. 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.