Legal Definitions - adjustment board

An adjustment board (also sometimes called a board of zoning appeals or board of adjustment) is a local government body responsible for reviewing and making decisions on requests related to a community's zoning laws. Zoning laws are rules that dictate how land within a municipality can be used (e.g., residential, commercial, industrial, agricultural) and often include specific requirements for building size, setbacks from property lines, and lot dimensions.

When a property owner believes that a strict application of a zoning rule creates an unfair hardship, or they wish to use their property in a way that deviates slightly from the letter of the law but still aligns with the spirit of the zoning plan, they can appeal to the adjustment board. The board's role is to listen to arguments, consider evidence, and decide whether to grant an exception (often called a "variance" or "special exception") or to uphold the original zoning decision.

• Imagine a homeowner, Maria, wants to build a small deck on the side of her house. However, her property's zoning rules require all structures to be at least 15 feet from the side property line, and her proposed deck would be 12 feet away. Maria believes this minor deviation won't negatively impact her neighbors or the community's aesthetics. She would apply to the adjustment board, presenting her case for a "setback variance." The board would review her application, possibly hold a public hearing where neighbors can comment, and then decide if granting her request is reasonable and doesn't undermine the overall purpose of the zoning ordinance.

• Consider a small business owner, David, who wants to convert a portion of his large, historic home into a quiet, appointment-only antique appraisal office. His home is located in a zone primarily designated for residential use, which typically prohibits commercial operations. David would petition the adjustment board for a "special exception" or "conditional use permit." He would argue that his business is low-impact, won't generate significant traffic or noise, and serves a community need without changing the residential character of the neighborhood, demonstrating how it can coexist harmoniously with the surrounding homes.

• A local church, "Community Chapel," owns a large parcel of land and wishes to build a new fellowship hall. The local zoning ordinance specifies that new buildings must have a certain number of parking spaces based on their square footage. Due to the unique shape of their lot and the need to preserve existing mature trees, the church finds it challenging to meet the exact parking space requirement without significant environmental impact. The church would present its plans to the adjustment board, requesting a "parking variance." They would explain their efforts to maximize parking while minimizing environmental disruption and propose alternative solutions, such as shared parking agreements with a nearby business during off-hours, for the board's consideration.