What guidelines must the ZBA use in granting zoning variances?
The ZBA grants zoning variances where the literal enforcement of the provisions of the Zoning Local Law would result in unnecessary hardship and practical difficulties. The board may grant a use variance if literal enforcement would cause unnecessary hardship. The applicant must demonstrate that (a) the land cannot realize a reasonable return based on financial evidence, (b) 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) the requested use variance, if granted, will not alter the essential character of the neighborhood, (d) the alleged hardship has not been self-created. The board may only grant the minimum variance necessary to relieve the hardship while at the same time preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. The board may grant an area variance where literal enforcement of the bulk requirements (dimensions and
