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Board of adjustment

A board of adjustment is an appointed board that decides zoning variances, appeals of staff decisions, and, in some places, special exceptions.

Also called zoning board of appeals, board of zoning appeals, BZA, or ZBA.

What it tells you

Board agendas show projects stuck on one rule, like height, parking, or a setback, which usually means detailed plans exist. A granted variance often clears the way for a site plan and building permit.

How it moves through a city or county

  1. An owner applies for a variance or appeals a staff decision.
  2. Staff prepare a report, and nearby owners get notice.
  3. The board holds a hearing and takes testimony.
  4. It decides by vote, and appeals usually go to a state court.

Names and powers differ by state, and some states require more than a simple majority of the board to grant a variance. Some places use a hearing examiner instead.

Recent variances and special exceptions

From public filings in Georgia, Missouri, and West Virginia.

Recent variances and special exceptions, sample projects
ProjectLocationDeveloperTypeSizeStageLatest meeting
3-Unit Residential Development on 7.41 AcresCottleville, MOMid Rivers Equities II, LLCSingle-family3 homes7.41 acresSeeking approval
48-Unit Residential Development on 22 AcresJohns Creek, GAHandsel Holdings, LLCSingle-family48 homes21.6 acresSeeking approval
25-Unit Residential Development on 1.36 AcresMonongalia, WVT & H Development CorpMultifamily25 units1.36 acresRecommended

As of How we count

Common questions

Is the board of adjustment the same as the planning commission?
No, the planning commission reviews plans, rezonings, and subdivisions, while the board of adjustment decides variances and appeals. In some small places one body does both jobs.
Are board of adjustment decisions final?
Board of adjustment decisions are usually final at the local level. Appeals typically go to a state court rather than the city council, within a short deadline set by state law.

Rules vary by state, county, and city. These pages describe common practice, not legal advice.

See variance requests near you.

Pick Variance under Application Type to see the requests these boards hear.