11-807. Boards of adjustment; powers; appeals

(L10, Ch. 319, sec. 2. Rpld. 10/1/11)

A. There shall be one or more boards of adjustment in each county. The board of supervisors may establish one board of adjustment that has jurisdiction countywide and that is composed of one member who is a resident of each supervisorial district or one board of adjustment in each supervisorial district that has jurisdiction in that supervisorial district and that is composed of not less than three nor more than five members each of whom are residents of that supervisorial district. The members of each board shall be appointed for staggered terms of four years each.

B. The board of adjustment may:

1. Interpret the zoning ordinance when the meaning of any word, phrase or section is in doubt, when there is dispute between the appellant and enforcing officer or when the location of a district boundary is in doubt.

2. Allow a variance from the terms of the ordinance when, owing to peculiar conditions, a strict interpretation would work an unnecessary hardship, if in granting such variance the general intent and purposes of the zoning ordinance will be preserved.

3. If authorized by the board of supervisors, review decisions by a hearing officer who hears and determines zoning violations pursuant to section 11-808 and render a final decision. Subsections C and D of this section do not apply to this paragraph. Judicial review of the final decision by the board of adjustment shall be pursuant to title 12, chapter 7, article 6.

C. Appeals to an adjustment board may be taken by any person who feels that there is error or doubt in the interpretation of the ordinance or that due to unusual circumstances attaching to the person's property an unnecessary hardship is being inflicted on the person. The appeal shall state whether it is a plea for an interpretation or a variance and the grounds for the appeal.

D. Any person aggrieved in any manner by an action of a board of adjustment may within thirty days appeal to the superior court, and the matter shall be heard de novo.

11-807. Boards of adjustment; powers; appeals

(L10, Ch. 319, sec. 2. Rpld. 10/1/11)

A. There shall be one or more boards of adjustment in each county. The board of supervisors may establish one board of adjustment that has jurisdiction countywide and that is composed of one member who is a resident of each supervisorial district or one board of adjustment in each supervisorial district that has jurisdiction in that supervisorial district and that is composed of not less than three nor more than five members each of whom are residents of that supervisorial district. The members of each board shall be appointed for staggered terms of four years each.

B. The board of adjustment may:

1. Interpret the zoning ordinance when the meaning of any word, phrase or section is in doubt, when there is dispute between the appellant and enforcing officer or when the location of a district boundary is in doubt.

2. Allow a variance from the terms of the ordinance when, owing to peculiar conditions, a strict interpretation would work an unnecessary hardship, if in granting such variance the general intent and purposes of the zoning ordinance will be preserved.

3. If authorized by the board of supervisors, review decisions by a hearing officer who hears and determines zoning violations pursuant to section 11-808 and render a final decision. Subsections C and D of this section do not apply to this paragraph. Judicial review of the final decision by the board of adjustment shall be pursuant to title 12, chapter 7, article 6.

C. Appeals to an adjustment board may be taken by any person who feels that there is error or doubt in the interpretation of the ordinance or that due to unusual circumstances attaching to the person's property an unnecessary hardship is being inflicted on the person. The appeal shall state whether it is a plea for an interpretation or a variance and the grounds for the appeal.

D. Any person aggrieved in any manner by an action of a board of adjustment may within thirty days appeal to the superior court, and the matter shall be heard de novo.