Board of Land Use Appeals

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  • To hear and decide appeals where it has been alleged there is an error in any order, requirement, decision or determination made by the committee or department in the enforcement or administration of the Zoning Code.
  • To grant variances (exceptions to the requirements of the zoning ordinance).  

Appeals to the board may be made by any person aggrieved, or by the office, department, board or committee of the county affected by the decision of the official. Such appeal shall be taken within 30 days after the written decision is filed, by filing with the department and with the board a notice of appeal specifying the grounds thereof.

The department shall forthwith transmit to the board all the papers constituting the record upon which the action appealed was taken. An appeal shall stay all legal proceedings of the action appealed unless the officer from whom the appeal is taken certifies to the board that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such cases, proceedings shall not be stayed except by a restraining order from the board or a court of law.

The final disposition of an appeal shall be in the form of a written resolution or order signed by the secretary of the board. Such resolution or order shall state the specific facts which are the basis for the board's determination, and shall either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or part, or shall dismiss the appeal for lack of jurisdiction or prosecution.

Application for Board of Land Use Appeals hearing

To view more information about the Board of Land Use Appeals membership, procedural roles, powers and duties, and archived meeting minutes, please see their designated webpage. 

Reasons for a variance:

1. The literal enforcement of Title 18 would result in unnecessary hardship.
2. A variance grants relief from a numerical standard.
3. Variances can also be granted for use standards.