- Home
- Government
- Boards & Commissions
- Board of Zoning & Appeals
- Appeals & Powers
Appeals & Powers
Application
An application form for BOZA can be obtained through the Applications, Bonds and Fees link. Accompanying the application form should be 12 copies of the site plan, one copy of the deed, and the appropriate fee.
View the 2016 Board of Zoning Appeals Submittal Schedule (PDF).
Appointments
The Board of Zoning Appeals consists of 5 members, not more than two of whom may be members of the Lebanon Municipal Regional Planning Commission. They are appointed by the Chief Executive Officer of the city (the mayor) and confirmed by a majority vote of the City Council. The term of membership shall be 5 years. Terms expire on the first meeting of the Council in January.
Procedure
Meetings of the BOZA shall be held at the call of the chairman, and at other times as the board may determine. All meetings of the board are open to the public. A record of applications and actions taken by the board are maintained by the building inspector and are public record.
Contacts
Danny Raines, Chief Building Official
Appeals
An appeal to the BOZA may be made by any person, firm, or corporation aggrieved, or by any governmental officer, department, board, or bureau affected by any decision of the Building Inspector based in whole or in part upon the provisions of chapters 2 through 15 of Title 14 Planning and Zoning. Such appeal shall be made by filing with the Board of Zoning Appeals a notice of appeal, specifying the grounds thereof, attached to which shall be a copy of the deed of the property involved.The Building Inspector shall transmit to the board all papers constituting the record upon which the action appealed was taken. The board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties of interest, and decide the same within a reasonable time. At the hearing any person or party may appear in person or any agent or by attorney. The action of the board is final and no appeal may be brought back before the board until six (6) months has expired and then only if there has been significant change in the conditions on which this appeal is being sought.
Powers
Administrative Reviews
The board may hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, determination, or refusal made by the Building Inspector or other administrative official in the carrying out or enforcement of any provision of Chapters 2 through 15 of Title 14 Planning and Zoning; and to interpret the official zoning map.
Special Exceptions
The board may hear and decide applications for special exceptions as specified in Chapter 2 through 15 of Title 14 Planning and Zoning and to decide on any special questions upon which the Board of Zoning Appeals is specifically authorized to pass.
Variances
The board may hear and decide applications for variance from the terms of Charters 2 through 15 of Title 14 Planning and Zoning; to grant a variance only whereby reason of exceptional narrowness, shallowness, or shape of a specific piece of property which at the time of adoption of the provisions of Chapters 2 through 15 of Title 14 was a lot of record, or where by reason of exceptional topographic conditions or other extraordinary or exceptional situation or condition of a piece of property and strict application of the provisions of Chapters 2 through 15 of Title 14 would result in exceptional practical difficulties to or exceptional and undue hardship on the owner of such property, provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of Chapters 2 through 15 of title 14.
An application form for BOZA can be obtained through the Applications, Bonds and Fees link. Accompanying the application form should be 12 copies of the site plan, one copy of the deed, and the appropriate fee.
View the 2016 Board of Zoning Appeals Submittal Schedule (PDF).
Appointments
The Board of Zoning Appeals consists of 5 members, not more than two of whom may be members of the Lebanon Municipal Regional Planning Commission. They are appointed by the Chief Executive Officer of the city (the mayor) and confirmed by a majority vote of the City Council. The term of membership shall be 5 years. Terms expire on the first meeting of the Council in January.
Procedure
Meetings of the BOZA shall be held at the call of the chairman, and at other times as the board may determine. All meetings of the board are open to the public. A record of applications and actions taken by the board are maintained by the building inspector and are public record.
Contacts
Danny Raines, Chief Building Official
Appeals
An appeal to the BOZA may be made by any person, firm, or corporation aggrieved, or by any governmental officer, department, board, or bureau affected by any decision of the Building Inspector based in whole or in part upon the provisions of chapters 2 through 15 of Title 14 Planning and Zoning. Such appeal shall be made by filing with the Board of Zoning Appeals a notice of appeal, specifying the grounds thereof, attached to which shall be a copy of the deed of the property involved.The Building Inspector shall transmit to the board all papers constituting the record upon which the action appealed was taken. The board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties of interest, and decide the same within a reasonable time. At the hearing any person or party may appear in person or any agent or by attorney. The action of the board is final and no appeal may be brought back before the board until six (6) months has expired and then only if there has been significant change in the conditions on which this appeal is being sought.
Powers
Administrative Reviews
The board may hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, determination, or refusal made by the Building Inspector or other administrative official in the carrying out or enforcement of any provision of Chapters 2 through 15 of Title 14 Planning and Zoning; and to interpret the official zoning map.
Special Exceptions
The board may hear and decide applications for special exceptions as specified in Chapter 2 through 15 of Title 14 Planning and Zoning and to decide on any special questions upon which the Board of Zoning Appeals is specifically authorized to pass.
Variances
The board may hear and decide applications for variance from the terms of Charters 2 through 15 of Title 14 Planning and Zoning; to grant a variance only whereby reason of exceptional narrowness, shallowness, or shape of a specific piece of property which at the time of adoption of the provisions of Chapters 2 through 15 of Title 14 was a lot of record, or where by reason of exceptional topographic conditions or other extraordinary or exceptional situation or condition of a piece of property and strict application of the provisions of Chapters 2 through 15 of Title 14 would result in exceptional practical difficulties to or exceptional and undue hardship on the owner of such property, provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of Chapters 2 through 15 of title 14.