The applicant shall mail a copy of the public notice of the hearing by certified mail, return receipt requested, at least 10 days prior to the date of the hearing, to all owners of property which lies adjacent to that owned by the applicant as determined by their appearance on the last completed assessment roll of the Village and any other owners as the Board of Appeals may deem appropriate, and shall file proof of that mailing with the Secretary to the Zoning Board of Appeals not less than five days prior to the date of the hearing.

If the land involved in an application for a use variance is within 500 feet of the boundary of any other municipality, notice of the public hearing shall also be mailed or sent by electronic transmission by the Secretary to the clerk of such other municipality not less than 10 days prior to the date of the hearing.

The applicant shall erect or cause to be erected a white and black lettered sign facing each public street on which the property abuts, giving notice that an application for an appeal is pending. Such notice shall be provided by the Village. The applicant or their agent shall mount the sign on one-half-inch plywood or a substantially similar mounting and erect the sign in a prominent position on the subject street not more than 10 feet from the street line. The applicant shall provide an affidavit to the Village attesting to the erection of the sign or signs in compliance with this section.

The boundary of any other municipality.

Any existing or proposed state or county park or other recreation area.

The right-of-way of any existing or proposed state or county parkway, thruway, expressway, road or highway.

The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines.

The existing or proposed boundary of any state- or county-owned land on which a public building or institution is situated.

The applicant cannot realize a reasonable return, provided that lack of return is substantial, as demonstrated by competent financial evidence;

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;

That the requested use variance, if granted, will not alter the essential character of the neighborhood; and

That the alleged hardship has not been self-created.

Whether the grant of the variance will cause an undesirable change in the character of the neighborhood or will create a detriment to nearby properties;

Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;

Whether the requested area variance is substantial;

Whether the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

Whether the alleged difficulty was self-created, which consideration shall be relevant to the determination of the Board of Appeals but shall not necessarily preclude the grant of the area variance.

To grant a permit for the extension of such a nonconforming use on the same lot on which it was located or an increase in the degree of a nonconforming building or structure on the lot occupied by such building or structure, provided that:

(Reserved)

To grant approval for a change in a nonconforming use, provided that:

To waive, in whole or in part, the requirements of § 300-9.6 for off-street parking and truck-loading spaces pursuant to the standards for the grant of area variances contained in this chapter.

Every decision of the Board of Appeals which grants a variance waiving, varying or modifying the requirements of § 300-9.6 for off-street parking and/or truck-loading spaces, in whole or in part, shall:

To permit a reduction in the number of off-street parking spaces and/or truck-loading spaces originally required and installed for a particular use pursuant to § 300-9.6 and in cases where the Board of Appeals determines that, by reason of diminution in number of dwelling units or residents or in floor area, seating capacity or area, or number of employees or change in other factors determining the demand for such spaces, the proposed reduction in available spaces will be consistent with the requirements of said sections; and further provided that the area so withdrawn from these uses shall remain in reserve for potential future increases in need.

Every variance granted by the Board of Appeals which waives, varies or modifies the requirements of § 300-9.6 of this chapter for off-street parking and/or truck loading spaces, in whole or in part, shall be made subject to a condition requiring a payment to the Village of Sag Harbor of a sum set forth in Village Code § 300-9.6J(2)(d) which sums shall constitute a trust fund to be used by the Board of Trustees exclusively for public off-street parking and truck loading space purposes, including the acquisition and improvement of land for such purposes. Such condition shall be deemed a condition of every such variance, and such payment may be referred to as the "off-street parking space fee."

To grant variances consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program and the further guiding principles and standards which follow in this subsection.

In passing on such applications for variances, the Board of Appeals shall consider all technical evaluations, relevant factors and standards specified in Article XVI and the following:

Generally, variances may be issued for new construction and substantial improvements to be erected on a legally preexisting nonconforming lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in § 300-12.6F(2)(a) through (k) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the permit increases.

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places without regard to the findings required in the following Subsection F(5) and (6).

Variances shall only be issued on a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Variances shall only be issued upon a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 300-12.6F(2) or conflict with existing local laws or ordinances.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.