(1) The Board of Appeals, on referral from the Zoning Administrator or on application by any person allegedly aggrieved by the strict application of any of the requirements of this chapter or desiring to deviate therefrom, shall have the power to grant use variances, as set forth herein. Application for variance shall be made to the Zoning Administrator in such form as he/she may prescribe.
(a) Referral to Planning Board. At least 45 days before the date of public hearing held in connection with any application for a use variance submitted, the Board of Appeals shall transmit to the Planning Board a copy of said application, and shall request that the Planning Board submit to the Board of Appeals its advisory opinion on said application. The Planning Board shall submit a report of such advisory opinion prior to the date of said public hearing. The failure of the Planning Board to submit such report shall be interpreted as a favorable opinion for the granting of the use variance applied for.
(2) No such use variance shall be granted by the Board of Appeals without the applicant showing 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:
(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 district 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.
(3) 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.
