If the Community Development Department denies a construction permit or Certificate of Occupancy application, the applicant may file an appeal with the Board of Adjustment.
The Board of Adjustment meets on the 4th Monday of the month at 5 p.m. on an as-needed basis.Agendas & MinutesThe Board performs the following duties:
- To hear and decide appeals when error is alleged in any order, requirement, decision, or determination made by an administrative official in enforcement of the zoning and building code.
- To hear and decide Special Exceptions to the terms of the Code in appropriate cases and subject to appropriate conditions and safeguards. Special Exceptions must be consistent with the general purpose and intent of the Code and in accordance with any applicable rules contained in the Code.
- To authorize on appeal, variances from terms of the Code that will not be contrary to the public interest, when because of special conditions a literal enforcement of the Code will result in unnecessary hardship, so the spirit of the Code will be observed, and substantial justice done.
- Additional duties may be assigned by the City Council as deemed necessary in pursuit of the spirit and intent of the Code.
The Board of Adjustment hears and decides appeals when error is alleged in any order, requirement, decision, or determination made by an administrative official in enforcement of the act or zoning ordinance.
- The Board shall make special exceptions as allowed or required by the zoning ordinances, in appropriate cases and subject to appropriate conditions and safeguards, in harmony with the general purpose and intent, and in accordance with general or specific rules contained in the various city ordinances.
- Shall authorize, on appeal, variances from the terms of the ordinances that will not be contrary to the public interest, when, because of special conditions a literal enforcement of the ordinance will result in unnecessary hardship, so the spirit of the ordinance will be observed, and substantial justice done.
Prior to granting a variance, the Board shall find that at least one of the following shall be found:
- There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape, or topography.
- The application of this appendix to the particular property would create an unnecessary hardship.
- Such conditions are peculiar to the piece of property involved.
- Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of the Zoning Code; provided however, that no variance may be granted for a use of land or building or structure that is prohibited by the Zoning Code.
- Uses not provided for in Article 3: Whenever, in any district established under the Zoning Code, a use is neither specifically permitted nor denied, and an application is made by a property for such use, the application shall be referred to the Board of Adjustment, which shall have the authority to permit the use or deny the use. The use may be permitted if it is like and compatible with permitted uses in the district and in no way conflicts with the general purpose and intent of this appendix.
The appellant must file a with the City Secretary and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal and pay a filing fee as may be prescribed by the City Council. An appeal (Board of Adjustment Appeals Application
) by a person aggrieved by an action of an administrative or building official in the enforcement of this appendix shall be filed with the City Secretary within 30 days after the action complained of was committed. On receiving the notice, the City Secretary and administrative or building official shall transmit to the Board all the papers constituting the record of the action that is appealed.
The Board shall give public notice of the hearing and due notice to the parties of interest. A party may appear at the appeal hearing in person or by an agent or attorney. The Board shall decide on the appeal within a 60-day period from the filing of the appeal.
If the Board denies the appeal, the city will mail a denial letter to the applicant. Within ten (10) days of receiving the letter, the applicant may appeal the decision of the Board of Adjustment by filling a petition of Writ Certiorari to district court.
The Board of Adjustment is composed of five qualified electors of the city and appointed by the City Council. Two alternate members may also be appointed by the City Council to serve when one or more regular members are absent. Alternate members will have all rights and privileges when serving in the place of a regular member who is absent. The City Council will consider for appointment to the Commission persons who have demonstrated their civic interest, general knowledge of the community, independent judgment, interest in planning and zoning, and availability to prepare for and attend meetings. It is the intent of the City Council that members shall, by reason of diversity of their individual occupations, constitute a board which is broadly representative of the community.
Members of the Board of Adjustment appointed for staggered two (2) year terms.
If you are interested in serving on the Board of Adjustment, please complete a Board and Commission Application
|Juan Lecea (Council Member)
|Member Alternate 1
|Member Alternate 2
For more information, please contact the Community Development Department at 210.957.3547 or email email@example.com