Legal Definitions - board of zoning appeals

A Board of Zoning Appeals is a local government body, typically composed of appointed citizens, that reviews and decides on requests for exceptions or appeals to local zoning laws. Its primary role is to provide a mechanism for property owners to seek relief from the strict application of zoning ordinances when unique circumstances create an undue hardship, or to request special permission for certain land uses that are not automatically permitted but may be appropriate under specific conditions. This board ensures flexibility within the zoning code while upholding the overall community plan.

Here are some examples of situations where a Board of Zoning Appeals might be involved:

• Scenario 1: Seeking a Variance for a Building Project

  A homeowner owns a uniquely shaped lot in a residential zone. They want to build a small garage, but due to the lot's unusual dimensions, the proposed garage would slightly infringe upon the required side yard setback (the minimum distance a structure must be from the property line). The homeowner believes that strictly adhering to the setback rule would make it impossible to build a functional garage on their property, creating an undue hardship.

  How it illustrates the term: The homeowner would apply to the Board of Zoning Appeals for a "variance." They would present their case, explaining the unique hardship caused by their lot's shape and demonstrating that the minor encroachment would not negatively impact their neighbors or the community. The board would then decide whether to grant the variance, allowing them to build slightly closer to the property line than normally permitted.

• Scenario 2: Requesting a Special Exception for a Community Service

  A non-profit organization wants to open a small daycare center in a building located in a residential neighborhood. While the zoning ordinance for that area generally prohibits commercial businesses, it might allow for "special exceptions" or "conditional uses" for certain community-oriented services like daycares, provided specific criteria are met.

  How it illustrates the term: The non-profit would submit an application to the Board of Zoning Appeals for a special exception permit. They would need to demonstrate that their proposed daycare meets all the conditions outlined in the zoning ordinance for such an exception (e.g., adequate parking, safe drop-off/pick-up procedures, minimal noise impact, appropriate operating hours). The board would hold a public hearing, consider the evidence, and decide whether to grant the special exception, often with specific conditions attached.

• Scenario 3: Appealing an Administrative Zoning Decision

  A property owner applied for a permit to construct a new fence around their backyard. The local zoning enforcement officer denied the permit, stating that the proposed fence height exceeded the maximum allowed in that residential district. However, the property owner believes the officer misinterpreted the zoning ordinance, arguing that their fence height is permissible under a specific clause for corner lots, which their property is.

  How it illustrates the term: The property owner would file an appeal with the Board of Zoning Appeals. They would present their argument, citing the specific section of the zoning ordinance they believe applies to their corner lot, and explain why the zoning officer's interpretation was incorrect. The board would review the zoning ordinance, the officer's decision, and the property owner's appeal, ultimately making a ruling on whether to uphold or overturn the original denial.