The Board of Standards and Appeals (BSA) is the city agency that grants zoning relief for individual lots. The Land Law Firm represents owners and developers at the BSA on variances, special permits, changes to prior BSA grants, and appeals of Department of Buildings decisions.
A variance is not automatic. The BSA grants one only when the site meets every required finding, and relatively few sites do. So before anything is filed, we do a real site analysis with you to see whether your site can meet the findings, and whether a variance or another path is the right way forward.
A variance lets a site depart from the use or bulk rules of the Zoning Resolution. The BSA can grant one only if the application proves all five findings in ZR 72-21:
The Zoning Resolution also lists specific situations where the BSA can modify certain use or bulk provisions by special permit. These are found in Article VII, Chapter 3. Unlike a variance, a special permit does not require proof of hardship. The application has to meet the findings written into that particular section, so the project is designed around them from the start.
Many properties in the city still operate under variances granted decades ago. When a grant expires, its conditions no longer fit the building, or the owner wants to change or expand the use, the BSA can amend the grant, extend its term, or reinstate it. Older grants are handled under ZR 11-411 and 11-412. These applications are often faster than a new variance, but only if the record of the original grant is pieced together correctly.
When DOB reads the Zoning Resolution in a way that blocks a project, the decision can be appealed to the BSA. Appeals have a short filing deadline, generally 30 days from DOB's final determination, so it matters to know when a DOB decision becomes final. Owners defending a permit and owners challenging a denial both use this process.
The BSA also hears vested rights cases. When a zoning change makes a project in progress non-compliant, ZR 11-331 may let the owner finish under the prior rules if foundations were complete, and the BSA can extend the time to finish under ZR 11-332.
A BSA variance typically takes about eight months to a year from filing to decision. Along the way the application goes to the community board for a hearing and recommendation, the BSA holds one or more public hearings, and the Board often asks for revisions or more information before it votes.
A BSA variance is tied to the plans and conditions in the BSA resolution. The site remains a variance site, and future changes to the building often need to go back to the BSA. A rezoning through ULURP works differently: once the new district is mapped, you can build under it as of right indefinitely. For some projects, that difference makes a rezoning the better long-term choice even when a variance is possible.
Frequently Asked Questions
Typically about eight months to a year from filing to decision. The timeline depends on how complete the filing is, how many hearings the Board holds, and whether the community board supports the project.
A variance is relief from the zoning rules based on hardship, and the applicant must prove all five findings in ZR 72-21. A BSA special permit is an approval the Zoning Resolution already contemplates for a particular situation, with its own findings and no hardship requirement.
Buying a property with knowledge of its zoning does not by itself make the hardship self-created. The question is whether the hardship comes from the unique physical conditions of the lot rather than from something the owner did.
Generally 30 days from DOB's final determination. The deadline runs from the final determination, not the first objection, so it is important to identify which decision is final.
Yes. Neighbors can challenge a permit at DOB and appeal a final DOB determination to the BSA. Owners should make sure the zoning analysis behind the permit is well documented before construction starts.
Usually a presentation to the land use committee followed by questions from board members and the public, and later a vote by the full board. The recommendation is advisory, but the BSA takes it into account.
Related Practice Areas
Schedule a consultation to talk through your zoning question, development timeline, or land use strategy.