Which body has exclusive jurisdiction over Variance, Special Exception, and Appeals from the decision of the administrative personnel?

• A. Board of Adjustment
• B. Planning Commission
• C. City Council
• D. Zoning Board

Answer: (A)

The board that handles relief from zoning rules and reviews challenges to administrative decisions is the Board of Adjustment. It has the authority to grant variances when strict application of the zoning code creates an undue hardship due to unique property conditions, and to consider special exceptions (conditional uses) to ensure the use meets the ordinance’s standards with appropriate conditions. It also serves as the appellate body for appeals from decisions of the zoning administrator or other zoning personnel, reviewing the record and hearing new evidence if allowed. Planning commissions generally deal with planning, site plans, and recommended changes to zoning, while the city council enacts ordinances. For these three areas—variances, special exceptions, and appeals—the Board of Adjustment is the appropriate, exclusive body.