Responsibilities & Hearings

Duties & Limitations

The Board of Adjustment hears and decides appeals from any zoning order, requirement, decision, or determination made by any administrative official of any development-related ordinances.

The Board of Adjustment may reverse, affirm in whole or in part, or modify any such order. It may also vary (grant a variance) or modify the application of the zoning code relating to the use, construction, or alteration of buildings or structures so long as the spirit of the zoning code is observed. No self-induced hardship qualifies for remedy, and the variance must be based on unique circumstances. The board does not have the power to change the zoning code or zoning map (PDF) of the city.

Hearing Protocol

All applicants before the board must pay a nonrefundable application fee. A concurring vote of four members is necessary to reverse or modify an order. Every decision of the board is subject to review by certiorari. Such request for review to a court must be presented within 30 days after the filing of the decision by the board.

Public notice is required for all hearings and all hearings are open to the public. The board may consider all evidence and testimony presented, and may consider any relevant facts within the personal knowledge of any member of the board which are stated into the record of the board.