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What the ZBA can and cannot do: variances, special exceptions and administrative appeals explained
Summary
At a Lincoln training session, the presenter explained the Zoning Board of Adjustment’s role: granting special exceptions when ordinance criteria are met, the higher threshold for variances, and the administrative‑appeal path from compliance officer decisions to the ZBA and beyond.
Johnston described the Zoning Board of Adjustment as a quasi‑judicial body that addresses individual relief requests and evaluates administrative appeals.
He explained that a special exception is permitted when an ordinance explicitly allows a use under specified criteria, while a variance is granted only when the ordinance’s application imposes an unreasonable burden on the property owner. "A variance... is a lot tougher thing to get," Johnston said. He outlined that variances require the applicant to demonstrate that the ordinance, as applied, would be unreasonable.
On appeals, Johnston said a property owner can appeal a compliance officer’s enforcement decision to the ZBA through an administrative appeal; if parties remain dissatisfied, the next step can be superior‑court review. He also discussed timing: boards generally have statutory windows to schedule hearings and make decisions on appeals.
