Overview

For the Board to approve variance requests, applicants must be able to explain how their request satisfies the legal test for a variance.

For the Board to approve special exception requests, applicants must be able to show the Board how their request satisfies specific requirements listed in the Zoning Ordinance for the exception being requested. The Board meeting is a public hearing. Applicants should be prepared to present their case to the Board and answer questions.

Motions to Reconsider

An appeal for reconsideration of a decision of the Board must be filed within five (5) business days from the date of the Board’s decision, order, requirement or determination by delivery of BZA-Z application, BZA-Z appeal form and fee to the Zoning Division office. To grant the appeal for reconsideration, the Board must find that it misapprehended or misconceived the question or questions involved, or that it erred in its finding or disposition of the appeal, application or matter. If such appeal is granted by the Board, the decision shall be withdrawn and the matter heard and considered de novo, as if no hearing, consideration or determination had been previously made or heard. For a use variance, the Mayor or a city councilmember may request an appeal to City Council within 15 days of the decision. Permits cannot be issued until the applicable period in which to file a motion to reconsider or appeal has expired. An appeal to the Board or to City Council stays all further action on the application, including issuance of permits. 

Appeals

A person who may have a substantial interest in any decision of the Board or an officer or agent of the appropriate governing authority may appeal from a decision of the Board to the circuit court in the county by filing with the clerk of court a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within thirty days after the decision of the Board is mailed. 

Pre-litigation Mediation

A property owner whose land is the subject of a decision of the board of appeals may alternatively appeal by filing a notice of appeal with the circuit court accompanied by a request for pre-litigation mediation in accordance with state law. Any notice of appeal and request for pre-litigation mediation must be filed within thirty days after the decision of the board is postmarked.

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