New York Laws
Article 16 - Zoning and Planning
267-B - Permitted Action by Board of Appeals.

(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.