Board of Zoning Appeals responsibilities under Area Performance Planning draft

As mentioned in the previous blog post, under the draft Area Performance Planning ordinance, the current Board of Appeals will become the Board of Zoning Appeals, continuing to handle the variance and appeals cases countywide under the Unified Land Management Ordinance (ULMO). This board will have the following responsibilities in the Southwest Planning Area once the draft is adopted, some of which will be new to them.

Those include:

  • Hearing and deciding appeals where it is alleged in writing that an error has been made in carrying out the administration of the APP ordinance;
  • Hearing and acting upon applications for a variance from the ordinance when strict application of the ordinance would result in an unnecessary hardship. Though, the board may not grant a variance, the effect of which would be to allow the establishment of a use not otherwise permitted in a zoning district or to access a road classification, or to change the zoning district and road classification boundaries shown on the official zoning map;
  • Hearing and deciding special exceptions as required by this ordinance. Such activities must not only conform to the appropriate district designations and road classifications, but they must also have the benefit of public comment through the hearing process;
  • Hearing and deciding all matters referred to the board by provisions of the ordinance.

It’s also important to note that the board will retain the powers and duties as assigned under the ULMO for the area outside the Southwest Planning Area.

To read more about the board and its structure, read the draft of the ordinance by clicking here.

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