BZA decisions are appealable only through the Circuit Court and must be initiated within thirty days of the decision. These include Special Exceptions, Variances and Administrative Appeals. The BZA may deny a request or approve it with or without conditions. A list of allowable special exceptions appear in the text of each zoning district of the Zoning Code. Special exceptions are frequently known as special approvals, conditional use permits, or conditional uses.
Variances involve a deviation from specific dimensional requirements within a regulation.
These frequently involve modifications to required yards. The granting of a variance is generally based upon special circumstances which create an undue hardship to the property owner. An undue hardship is defined as an exceptional hardship which cannot reasonably be corrected or avoided by the applicant. Self-created problems or common difficulties shared by all other property owners in an area are not an undue hardship. Administrative Appeals - Occasionally, in the administration of the Zoning Code, parties disagree with the interpretations made by the Zoning Official and wish to appeal a decision.