(1) The variance process is intended to provide limited relief from the requirements of this chapter subject to terms and conditions to be fixed by the Zoning Board of Appeals as will not be contrary to the public interest. The Zoning Board of Appeals may authorize, upon appeal in specific cases, a variance when, owing to exceptional and extraordinary circumstances, the strict application of the terms of this chapter will create a practical difficulty or unnecessary hardship on the use of the land.

(2) It is not intended that variances be granted merely to remove inconveniences or financial burdens that the requirements of this chapter may impose on property owners in general. In addition, the needs or desires of a particular party shall not, either alone or in conjunction with other factors, afford any basis for the granting of a variance. Nor shall the fact that the improvements already existing at the time of the application are old, obsolete, outmoded or in disrepair, or the fact that the property is unimproved be deemed sufficient for approval of a variance.

(3) In all cases where the Zoning Board of Appeals grants a variance from the strict application of the requirements of this chapter, it shall be the duty of such Board to attach conditions and safeguards as may be required in order that the result of its action may be as nearly as possible in accordance with the spirit and intent of this chapter.

(4) A "use variance" is required for an application for a use not permitted in the underlying zoning district by this chapter. An "area variance" is required for an application involving a deviation from an area requirement provided in this chapter. While the criteria for the two types of variance are distinct, the review procedure is the same.

B. Procedures.

(1) Step one: Application submittal. Applicable.
(2) Step two: Determination of application completeness. Applicable.

(3) Step three: Application referral, review and staff report. Applicable, with the following modifications:

(a) If, in the opinion of the Building Inspector, any application submitted does not comply with the provisions of the chapter, the Building Inspector shall return one copy of the plans, along with a copy of the disapproval to the applicant, and forward one copy of the application to the Chairman of the Zoning Board of Appeals.

(b) Within 20 days after the date of the written disapproval by the Building Inspector of any such application, the applicant may appeal to the Zoning Board of Appeals from such ruling by serving upon the Village Clerk, in duplicate, a written notice of appeal addressed to the Building Inspector and to the Zoning Board of Appeals, of the taking of such an appeal from such decision specifying the grounds of the appeal. Such service upon the Village Clerk shall be deemed proper service upon the Building Inspector and upon the Zoning Board of Appeals. The Village Clerk shall immediately forward to the Building Inspector and to the Chairman of the Zoning Board of Appeals said due notice of appeal.

(c) At least 14 days before the date of any public hearing the Zoning Board of Appeals shall transmit to the Planning Board a copy of any appeal or application, together with a copy of the notice of such hearing as required below. The Planning Board and Architectural Review Board may submit to the Zoning Board of Appeals an advisory opinion on said appeal or application at least 48 hours prior to the hearing.

(d) If an application for a variance is for property located in an area covered by with §§ 239-l and 239-m of the General Municipal Law it shall be referred to the Rockland County Planning Board in accordance with that law.
 

(4) Step four: Public notice. Applicable as set forth in § 360-5.4E, Table 5-2, with the following modifications:

(a) Published notice shall be published at least 10 days before the date of the public hearing and no more than 45 days after the filing of such appeal or application.
(b) Mailed notice shall be by certified mail with return receipt requested.
(c) If the land involved in an appeal or application lies within 500 feet of the boundary of any other municipality, the applicant shall also transmit to the Municipal Clerk of such other municipality a copy of the official notice of the public hearing thereon not later than the day after such notice appears in the official newspaper of the Village.
 

(5) Step five: Public hearing. Applicable, with the following addition: A public hearing is required for any variance application. Such hearing shall be held within 45 days of receipt of a complete

(6) Step six: Decision and findings. Applicable, with the following modification: The Zoning Board of Appeals shall decide upon the appeal or variance within 62 days following the close of the public hearing.

C. Criteria.

(1) Area variances.

(a) 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. No such variance shall be granted unless the Board finds that the factors enumerated under Village Law § 7-712-b, Subdivision 3(b), of the State of New York, on balance, weigh in favor of the granting of the variance:

[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.
 

(b) 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.

(2) Use variances.

(a) No use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. To show such hardship an applicant must prove each and every factor enumerated under Village Law § 7-712-b, Subdivision 2(b), of the State of New York. 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.
 

(b) 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 proved 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) Where the Zoning Board of Appeals finds the zoning classification of a particular property to be conducive to the deprivation of the reasonable use of the land or building by the owner thereof, and where the Board deems the same condition to apply generally to other land or buildings in the same neighborhood or district, said Board may call this condition to the attention of the Board of Trustees.
 

D. Nonconformities. Use variances granted by the Zoning Board of Appeals shall be deemed nonconforming uses. Building variances granted by the Zoning Board of Appeals shall be deemed nonconforming structures.