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 zoning ordinance when there is a “unique circumstance” relative to the property involved.

There are several legal criteria that the ZBA must consider under New York State Law, and it is the responsibility of the applicant to address and offer proof that each of those criteria has been met for the ZBA to be able to grant a variance. 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 address all of the legal criteria necessary under New York State Law at their hearing to obtain a zoning variance for their property.