Zoning Board of Adjustment
ROLES AND RESPONSIBILITIES
Zoning administrators are given the authority to make many decisions relating to the implementation of zoning ordinances. If a landowner is dissatisfied with the Zoning administrator’s decision, the landowner has a right to appeal the decision to the Board of Adjustment.
The Board of Adjustment determines the appropriateness of administrators decisions based upon the purpose and intent of regulations. As part of this process, it often becomes necessary for the Board to interpret unclear provisions of the ordinance that have led to the difference of opinion between the administrator and the landowner over the application of the regulations.
In general, the Board of Adjustment is the body established to:
- Hear appeals of decisions rendered by zoning administrators
- Interpret unclear provisions in the zoning ordinance, and:
- Decide on applications by landowners to permit buildings or land uses which vary from the zoning regulations.
Zoning regulations cannot be written to address every possible situation that comes about from the use of property. Therefore, the Zoning Board of Adjustment is granted authority to allow minor exceptions to existing zoning rules to allow landowners to do what is otherwise forbidden by ordinance. Variances require solid evidence of 'practical difficulties' or 'unnecessary hardship' depending on the type of variance being sought.
- Practical difficulties' mean that the property owner proposes to use the property in a reasonable manner not permitted by the zoning code; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality.
- 'Unnecessary hardship' is the deprivation of an owner's right to the beneficial use of property caused when a zoning ordinance makes it impossible to receive a reasonable return from the property. Unnecessary hardship may justify the granting of a variance if the use permitted by the variance will not alter the essential character of the locality. Unnecessary hardship must involve unique characteristics of the property itself, not economic difficulties of the owner.
All members serve two-year terms.
Current Board Members are:
|Member Name||Position||Term Expiration|
The Zoning Board of Adjustments meets the second Tuesday of each month.
For more information, please contact:
Planning and Zoning Coordinator
Phone: (903) 657-6551 ext. 264