Appeals are heard and decided by the Board of Adjustment and Appeal where it is alleged there is an error in the decision or interpretation of the zoning administrator in the enforcement of the Land Development Code.
Conditional Use Permits are granted by the Board of Adjustment and Appeal (BAA) for those uses that are generally compatible with the land uses permitted by right in a zoning district but that require individual review of their location, design, and configuration, and the imposition of conditions or mitigations in order to ensure the appropriateness of the use at a particular location within a given zoning district.
Conditional Use Permits must also be approved to operate a Bed and Breakfast within any multi-family (MF) zoning district. This includes:
- MF-7.5 Multifamily Residential
- MF-10 Multifamily Residential
- MF-12.5 Multifamily Residential
- MF-15 Multifamily Residential
A complete list of rules and regulations are found in Sec. 103-14.8 of City code.
Variance is an exception granted by the Board of Adjustment and Appeal (BAA) from the requirements of the Land Development Code (LDC). The legislative purpose of a variance is to create a procedure to provide relief from the literal terms of the LDC in certain limited circumstances where literal enforcement of the requirements would have the unintended effect of denying the applicant reasonable use of the property or the structures on the parcel. Variances cannot be used to either establish or enlarge a use which is not otherwise permitted in the zoning district.