(1) Application. An application for Interpretation and Review of Decision, Area Variance, or Use Variance must be submitted in the form required and filed with the Planning and Economic Development Zoning Administrator. One original, nine printed copies, and one digital PDF copy must be provided, accompanied by the appropriate fees, as set forth in Village Code Chapter 175 (Fees). Once it is determined that the application is complete, the Planning and Economic Development Zoning Administrator must forward the application to the Zoning Board of Appeals.
(2) Public Hearing. Within 62 days of the determination of completeness, the Zoning Board of Appeals must hold a public hearing on the proposed zoning variance. Notice of the public hearing is required in accordance with § 345-808.
(3) Compliance with the New York State Environmental Quality Review Act (SEQRA). The Zoning Board of Appeals shall comply with the provisions of the New York State Environmental Quality Review Act (SEQRA), under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 617 of the New York Codes, Rules and Regulations.
(4) Notice to Westchester County Planning Board. At least five days before such hearing, the Zoning Board of Appeals shall mail notices thereof to the Westchester County Planning Board, as required by § 239 of the New York State General Municipal Law and § 277.61 of the Westchester County Administrative Code. Depending on the type of action, the referral may contain the full application, while others only require notification to the county.
(5) Determination by Zoning Board of Appeals. Within 62 days of the closing of the public hearing, the Zoning Board of Appeals must approve, approve with modifications, or disapprove the application. This sixty-two-day period may be extended only by mutual consent of the applicant and the Zoning Board of Appeals.

Decisionmaking by the Zoning Board of Appeals; Variances.

(1) Interpretations and Review of Decisions by the Zoning Administrator(s) or Enforcement Official. The Zoning 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 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.
(2) Zoning Variances.

[1] No use variance may be granted by the Zoning Board of Appeals without making written findings of fact showing that applicable zoning regulations and restrictions have caused the applicant unnecessary hardship. In order to prove such unnecessary hardship, the applicant must demonstrate to the Zoning Board of Appeals that for each and every allowed use under the zoning regulations for the particular zone where the property is located:

[a] The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
[b] The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the zone or neighborhood;
[c] The requested use variance, if granted, will not alter the essential character of the neighborhood; and
[d] The alleged hardship has not been self-created.

[2] The Zoning Board of Appeals, in the granting of use variances, may grant only the minimum variance deemed 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 public health, safety, and welfare.

[1] In making its determination on a request for an area Variance, the Zoning Board of Appeals must make written findings of fact that take into account the benefit to the applicant if the variance is granted as weighed against the detriment to the public health, safety, and welfare by the approval of the variance. In making this determination the Zoning Board of Appeals must also consider:

[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 method feasible for the applicant to pursue, other than an area variance.
[c] Whether the requested area variance is substantial.
[d] Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or zone.
[e] Whether the alleged difficulty was self-created, which consideration must be relevant to the decision of the Zoning Board of Appeals, but does not necessarily preclude the granting of the variance.

[2] The Zoning Board of Appeals, in the granting of area variances, may only grant the minimum variance that it deems 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.

Imposition of Conditions. In granting an Interpretation and Review of Decision, Area Variance, or Use Variance, the Zoning Board of Appeals may impose reasonable conditions and restrictions as are directly related to and incidental to the proposed Use of the property.

Rehearing. Upon receipt from an aggrieved party of a petition for a rehearing of a matter on which the Zoning Board of Appeals has already once made a decision, a motion for the Zoning Board of Appeals to hold a rehearing to review such an order, decision, or determination, not previously reheard, may be made by any member of the Zoning Board of Appeals. Rehearings may only take place as follows: a unanimous vote of all members of the Zoning Board of Appeals then present is required for such rehearing to occur. A rehearing is subject to the same notice provisions as an original hearing. Upon a rehearing, the Zoning Board of Appeals may reverse, modify, or annul its original order, decision, or determination only upon the unanimous vote of all members then present, provided that the Zoning Board of Appeals finds that the rights vested in persons acting in good faith in reliance upon the reheard order, decision, or determination will not be prejudiced thereby. The petition for rehearing shall include the same initial fees of the original matter.