Zoning Appeal Process

1. Prepare Application

Application Interview by the Planning Staff

If you have received a Zoning Administrator’s Refusal for plans submitted, a Legal Notice of Violation of activity for work you are doing or have done, a denial from the City Landmarks Commission, or your use is a conditional use, call the Department of Planning and Community Development office at 333-3670 to schedule an interview. Bring a copy of the site plan you submitted for the permit review showing the layout of the property and activity in question, and a copy of the Refusal or Legal Notice of Violation you received to your application interview.

Review of Information

A staff planner will review this information, explain the Board of Zoning Appeals (BZA) review process, supply you with the appropriate application and instruct you on how to fill out the application. The Planner will give you an early view of the policy or position that the City may recommend when your application is reviewed by the Board of Zoning Appeals.

2. File Application

File Application With the Department of Planning

Complete the application and supply any additional information requested by the staff planner, along with the application fee. Remember to follow the application instructions carefully and submit all of the requested information. If any of the information is missing, this will delay your BZA hearing date. Once the completed application is submitted, a hearing date is scheduled within 30 days. BZA hearings are scheduled to be held on the fourth Tuesday of each month at 3:30 p.m.

Submit Completed Application

When the completed application is submitted, a staff planner will process the application and will schedule a date for the Board of Zoning Appeals to hear the application.

3. Complete Technical Review

Technical Review by the Planning Staff

A staff planner will be assigned to conduct an analysis of the application, and develop a staff report which outlines any concerns and recommendations for the application. This staff report is then submitted to the members of the BZA prior to the scheduled hearing.

Review by the Neighborhood Priority Board

A copy of the completed application is sent to the appropriate neighborhood Priority Board for its review and comment. Ten days prior to the BZA review, affected property owners, along with the local neighborhood association, will be sent a public notice notifying them of the BZA hearing. They will be informed of their right to review the application and to provide comments about the application at the hearing or in writing.

4. Board of Zoning Appeals Public Hearing

Public Hearing

The Board of Zoning Appeals will conduct a public hearing and review the application. At the public hearing, the Department of Planning and Community Development staff will present the staff report, which concludes with their recommendations. You will be given an opportunity to speak to the BZA and provide any additional information that you feel is appropriate. Any person and representatives of the Priority Board will also be permitted to address the BZA regarding the application.

The BZA will formally act upon the application, by either approving or denying. In some situations the BZA may add conditions for approval, or continue the hearing for additional information to be provided. All decisions by the BZA are public.

5. Publish Decision

Issuance of the Decision Order & Entry

At the next regularly scheduled BZA meeting, the Board members will review the meeting minutes and the decisions voted upon at their previous meeting. The following day, the Secretary of BZA will send, by certified mail, their decision to the applicant. A copy of the decision is forwarded to the Division of Zoning Administration. If the Board approves the application, the Zoning Plan Examiner will continue to process the application.