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Monday, September 15, 2014

Purpose of Board of Adjustment (BOA)

The Board of Adjustment (BOA) reviews variances owing to hardship presented in meeting the regulations of the Zoning Ordinance. To grant a variance, the BOA must make the following four findings:

  1. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. 
  2. Literal interpretation of the provisions of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Land Development Code.
  3. Special conditions and circumstances do not result from the actions of the applicant.
  4. Granting the variance requested will not confer on the applicant any special privilege that is denied by the Land Development Code to other lands, structures or buildings in the same district.

The BOA reviews appeals to the Code Enforcement Officer’s decisions, the Historic Preservation Commission and the Housing Appeals Board.

  • Hearings before the BOA are quasi-jusidicial in nature.
  • Decisions of the Board are based on the record of the proceedings.
  • To grant a variance and to reverse or modify the determination of an administrative official requires a concurrent vote of four-fifths of the members of the Board.
  • Evidence submitted to the Board for review becomes part of the record.
  • Appeals must be filed within thirty (30) days from the filing date of the Board's Order in the Planning Division.
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