The Zoning Board of Appeals (ZBA) is a five member, quasi-judicial board whose members are appointed by the Town Board. All ZBA members are Town of Binghamton residents.

Department Overview

The ZBA can grant relief from specific requirements in the Town’s zoning ordinances and can provide a variance in the form of either a use or an area variance.

There are several legal criteria that the ZBA must consider for each type of variance under New York State Law, and it is the responsibility of the applicant to address every factor for each type of variance. The factors and review standard will be different depending on the type of variance requested. The ZBA also has the ability to place specific conditions on a granted variance.

To appear before the ZBA, an applicant must first have attempted to obtain a building permit and had the application denied based upon non-compliance with part or all of the Town Zoning Ordinance. Then, an application may be made to appear before the ZBA, with said application being made and processed through the Town Building Inspector.

Some applicants choose to be represented by an attorney, while others do not. Though legal representation is not a requirement to appear before the ZBA, applicants should be aware, as stated above, that it is their responsibility to provide all of the information needed to the ZBA for it to make a determination.

If you would like additional information relating to zoning and the ZBA in general, please refer to the New York State Zoning Board of Appeals Overview, linked below:

https://dos.ny.gov/zoning-board-appeals-overview