What types of relief can the ZBA grant?

The ZBA can grant (or deny) two types of relief: interpretive and variance. In either case, the ZBA will either affirm, reverse, or modify the enforcement officer's decision. In so doing, it will either grant or deny the requested relief. If the appeal is for an interpretation, the ZBA's decision will be based on the municipal zoning regulations. On the other hand, if the appeal is for a variance, the ZBA's decision will be based on the standards of proof contained in the following state statutes: §267-b of the New York State Town Law, §7-712-b of the Village Law, or §81-b of the General City Law. Because of the range of powers the ZBA has, it is essential that the applicant (or the applicant’s representative) know what type of relief to request when making application to the ZBA. If the applicant believes the enforcement officer's decision is incorrect, the appropriate request is for an interpretation reversing the officer's decision. If the applicant (in this case, the landowner) believes that the officer's decision may be correct, but that he or she can show proof under the statutes that a variance is warranted, then the appropriate request is for a decision granting a variance. It is also possible for an applicant to make a request for an interpretation, and, in the same application, ask for a variance if a favorable interpretation is not granted.

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1. Why might you consider an appeal to the Zoning Board of Appeals?
2. How is the appeals process initiated?
3. Under what circumstances may an appeal be made to the Zoning Board of Appeals?
4. Who may apply to the ZBA for relief?
5. What decisions or actions are appealable?
6. What types of relief can the ZBA grant?
7. After a Notice of Appeal has been filed, what must happen?
8. What is the responsibility of the applicant at the hearing?
9. Will the ZBA make a decision the night of the hearing?
10. What is the basis for the ZBA’s decision on an interpretation?
11. What must be proven in order to be granted a use variance?
12. What must be proven in order to be granted an area variance?
13. Must the variance, if granted, be exactly what was applied for by the applicant?