What are the criteria that must be considered by the PCZBA for a Use Variance?

In New York State, Use Variance criteria are laid down in statutes and are requirements in applicable cases.  They must be used by zoning boards of appeals when reviewing applications for use variances.  In addition, the board must find that each of the elements has been met by the applicant. Use Variance criteria must demonstrate that:

1. the applicant cannot realize a reasonable return, provided that the lack of return is substantial as demonstrated by competent financial evidence;
2. the alleged hardship related to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
3. the requested use variance, if granted, will not alter the essential character of the neighborhood;
4. the alleged hardship has not been self-created