Legal Definitions - board of adjustment

A board of adjustment is a local government body, typically found at the city or county level, that plays a crucial role in the administration of zoning and land use regulations. Its primary function is to provide a mechanism for property owners to seek relief or clarification from the strict application of local zoning ordinances. This quasi-judicial board hears appeals of administrative zoning decisions, grants variances (exceptions) to zoning rules when a property owner faces unique and undue hardship, and approves special exceptions or conditional uses that are permitted under specific circumstances outlined in the zoning code. The board holds public hearings, takes testimony, and makes decisions based on established legal criteria and local ordinances.

Here are some examples of how a board of adjustment operates:

• Scenario 1: Seeking a Variance for a Building Setback
  A homeowner owns a uniquely shaped lot with an existing house built close to one property line. They wish to build a small addition, but due to the lot's irregular shape and the existing structure, the only feasible location for the addition would violate the local zoning ordinance's required "setback" (the minimum distance a building must be from a property line).
  How it illustrates the term: The homeowner would apply to the board of adjustment for a variance. They would present their case, arguing that the specific physical characteristics of their property create an undue hardship that prevents them from complying with the setback rule without significant difficulty. The board would then determine if granting this exception would be consistent with the spirit of the zoning ordinance and would not negatively impact neighboring properties or the community's general welfare.
• Scenario 2: Applying for a Special Exception for a Community Facility
  A non-profit organization wants to establish a daycare center in a large, older home located in a neighborhood primarily zoned for single-family residences. The local zoning ordinance allows "educational or childcare facilities" in residential zones, but only as a special exception or conditional use, subject to specific criteria such as adequate parking, noise mitigation, and operating hours.
  How it illustrates the term: The organization would submit an application to the board of adjustment for a special exception permit. The board would hold a public hearing to review the proposal, assess whether it meets all the conditions stipulated in the zoning ordinance, and consider potential impacts on the surrounding residential area. They might impose additional conditions, such as specific fencing or landscaping, to ensure compatibility with the neighborhood.
• Scenario 3: Appealing an Administrative Zoning Decision
  A property owner receives a notice from the city's zoning enforcement officer stating that their newly constructed deck violates a maximum impervious surface coverage rule for their lot. The owner believes the officer miscalculated the impervious surface area or misinterpreted the specific zoning ordinance as it applies to their property.
  How it illustrates the term: The property owner can appeal the zoning officer's administrative decision to the board of adjustment. The board would then review the relevant zoning ordinances, the property's survey, and the calculations to determine if the zoning officer's interpretation or application of the rule was correct. In this capacity, the board acts as an appellate body for disputes arising from the day-to-day enforcement of zoning regulations.