Zoning is the basic and most significant of land use controls. Zoning regulates the use density and siting of development. New York laws give villages, towns and cities the authority to establish a Zoning Board of Appeals (“ZBA”) to enforce their respective zoning laws. The lawyers in McCarthy Fingar’s Municipal Law & Land Use Group have considerable knowledge and experience on ZBA issues.
The ZBA provides property owners with the potential for relief from the confines of zoning laws under certain circumstances. The ZBA may interpret the law after an administrative official, such as a Building Inspector, has made a decision upon an application for a building permit or other zoning related approval. The ZBA may also issue variances from the zoning law, including use variances (permitting a use of land for a purpose not otherwise permitted by zoning regulations), and area variances (allowing for use of land in a manner not otherwise permitted by dimensional or physical requirements under zoning regulations).
Attorneys in our Municipal Law & Land Use Group sit regularly with Zoning Boards of Appeal in villages and towns in the Hudson Valley region. Our attorneys also bring their institutional knowledge to bear for private clients appearing before other ZBAs not represented by this firm. This knowledge includes the criteria for the issuance of variances as well as the applicable procedural requirements. Our attorneys are able to work not only with the client, but with engineers, architects and other engaged professionals. Indeed, we have appeared on behalf of applicants seeking variances and neighbors opposing such variances.
McCarthy Fingar's Municipal Law & Land Use lawyers are dedicated to our clients' success. If you think you may require our assistance or have any questions about ZBA matters, please contact: