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ZONING LAW BLOG


Failure to Follow These Procedures Can Be Fatal to Your Appeal

Written by CHRISTOPHER M. CLENDENEN | MARCH 16, 2019

Among the powers authorized by statute, to local Boards of Adjustment is the power to grant variances to applicants. A “variance”, for lack of a better definition, is permission from the local governmental authority to build something that for one reason or another does not comply with the local zoning ordinance. In order for this to occur, a public hearing is held with notice of the hearing provided to parties deemed to have standing in the event they want the opportunity to be heard on the matter. The applicant makes their case to the “board members” and opponents, if any, are given the same opportunity. There is a record made of the proceeding. Frequently, whether the decision is in favor of or against granting the variance, someone doesn’t like the decision. The decision of the board is appealable, however ...

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