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Court Reiterates Authority of Zoning Board to Interpret Local Zoning Code

By Steven Silverberg and Katherine Zalantis

A local zoning board?s interpretation of the application of a zoning ordinance provision to a particular property shall be upheld unless that interpretation is ?unreasonable or irrational.? In Kennedy v. Zoning Board of Appeals of the Village of Patchogue, the appellate division reiterated this rule while upholding the zoning board?s application of a specific provision of the zoning code to the property in question. The local code requires that when a variance is granted ?improvement, construction or alteration? must be ?substantially commenced? within one year of obtaining the variance. In this case a variance had been granted and a neighbor challenged the continuation of the variance because more than a year had passed, a building permit had been granted but only site clearing had begun...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on December 08, 2008 (boomark / email).