The local legislative body, the planning board, and the zoning board of appeals
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Three bodies, three jobs
In New York, distinguish the local legislative body, the planning board, and the zoning board of appeals. For a town, the legislative body is the town board. It adopts zoning laws; a planning board carries out assigned planning and development review; the zoning board of appeals handles zoning appeals and variance requests. Local assignments of development-review authority vary, so check the municipality's law.
The town board sets policy
New York Town Law § 261 authorizes the town board to regulate land uses, building height, lot coverage, yards, and population density to promote community health, safety, and general welfare. This town zoning authority applies outside incorporated villages and cities. A proposal to change a district's permitted uses is a legislative zoning change, not a planning-board approval or a variance.
The planning board plans and reviews
A planning board commonly reviews subdivisions and site plans when authorized. A subdivision concerns division of land into lots; site-plan review concerns a proposed development's arrangement, such as access, parking, and building placement. These reviews do not themselves rewrite zoning.
Under New York Town Law § 272-a, the town board may prepare a comprehensive plan or direct the planning board or a special board to prepare it. The preparing board recommends its proposal; the town board may adopt the plan by resolution. A comprehensive plan addresses immediate and long-range development, including housing, transportation, infrastructure, and resource protection. It differs from the enforceable zoning regulations that implement land-use policy. Town land-use regulations must accord with a comprehensive plan adopted under this section.
Public participation is part of plan preparation and adoption. When the planning board prepares the proposal, its hearing does not replace the town board's pre-adoption hearing.
The zoning board of appeals decides relief
The zoning board of appeals considers appeals from zoning administration and requests for variances. New York Town Law § 267 distinguishes a use variance, authorizing an otherwise prohibited use, from an area variance, authorizing relief from dimensional or physical requirements. A prohibited repair shop raises a use issue; a permitted house needing setback relief raises an area issue. A variance does not rezone the district.
Under § 267, the town board appoints the zoning board of appeals, and a town board member cannot serve on it. Appointment does not merge their functions.
For exam questions, identify the requested action: change zoning policy, review development, or decide zoning relief. Then select the body with that function.
Key terms
Sample questions
Which body acts as the local legislative body for a New York town when adopting zoning laws?
Reveal answer
Correct answer: The town board
New York Town Law § 261 grants the town board authority to adopt zoning regulations by local law or ordinance.
In New York, an area variance provides relief from which kind of restriction?
Reveal answer
Correct answer: A dimensional or physical zoning requirement
New York Town Law § 267 defines an area variance as relief from dimensional or physical requirements of zoning regulations.
A New York town directs its planning board to prepare a comprehensive plan. Which body may adopt the completed plan by resolution?
Reveal answer
Correct answer: The town board
Under New York Town Law § 272-a, a planning board preparing the plan recommends it to the town board, which may adopt it by resolution.