Zoning Board of Adjustment

What is the Zoning Board of Adjustment?

The Zoning Board of Adjustment (ZBA) is a group of citizens appointed by the City Council that may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions and variances to the terms of the zoning ordinance, and decide appeals from decisions of administrative officials.                  


What is a variance?
A variance is a departure from any provision of the development standards in the zoning ordinance for a specific parcel without changing the zoning ordinance or the underlying zoning of the parcel. A variance should be granted only upon demonstration of hardship based on the peculiarity of the property in relation to other properties in the same zoning district.
What criteria authorizes a variance to be granted?
 Authority. The ZBA may authorize a variance from these regulations only upon finding:

1.  That there are special circumstances or conditions affecting the land involved such that the strict application of the  
     provisions of this chapter would deprive the applicant of the reasonable use of land;
2.  That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant;
3. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property
    within the area;
4. That the granting of the variance will not have the effect of preventing the orderly use of other land within the area in 
    accordance with the provisions of this chapter;
5. That an undue hardship exists; and
6. That the granting of a variance will be in harmony with the spirit and purpose of these regulations.


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If you have additional questions or need further information regarding a specific variance request please contact the Planning Division at Planning@nbtexas.org or call (830) 221-4050.