The Board of Adjustment and Appeal (BAA) shall hear and decide on such matters as they are empowered to do so by the provisions of the Land Development Code (LDC).
Appeals are heard and decided by the BAA where it is alleged there is an error in the decision or interpretation of the zoning administrator in the enforcement of the LDC.
Conditional Use Permits are granted by the 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 Bed and Breakfasts must be approved by the BAA to operate a bed and breakfast within any multifamily residential zoning district.
Variance is an exception granted by the BAA from the requirements of the 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.