Chair Ung: BSA powers as administrative appeals body and quasi-judicial entity

The BSA is an independent board created to decide, request, and resolve disputes about zoning and land use issues.

The BSA helps to uphold the constitutionality of the zoning resolution and the rights of New Yorkers by serving as a relief valve for properties that are uniquely restricted by zoning and land use rules.

issuing decisions that consider the needs of both the owners and the neighbors.

The board is also charged with interpreting decisions of certain land use enforcement agencies, including the Department of Buildings and Fire Department, ensuring that these agencies correctly apply the city's zoning, construction, and fire codes.

Under the city charter, the BSA has a broad set of powers.

One of the primary responsibilities of the BSA is to act as an administrative appeals body in a quasi-judicial capacity when a property owner, community member, or other interested party

disagrees with interpretation, the application of the zoning and resolution.

Or construction codes by city official, usually from the Department of Buildings.

The board is also empowered to hear appeals regarding the application and interpretation of the fire code by FDNY.

Another equally important power to BSA is to grant zoning variances.

The variances allow property owners to deviate from the requirements of the zoning resolution on a case-by-case basis where it's proven

that the property faces unique hardship that precludes owners from earning a reasonable economic return if developed in strict compliance with the zoning regulations.

The criteria for variances are spelled out in the zoning resolution.

BSA's council issues special permits.

Like variances, special permits allow a property owner to deviate from the requirements of the zoning resolution.