ZONING BOARD OF ADJUSTMENT

FREQUENTLY ASKED QUESTIONS

The Zoning Board of Adjustment is useful to the public in many ways. First, if you applied for a zoning permit and were denied, you could appeal the Zoning Administrators (ZA) decision to the ZBA. If you thought a zoning violation was occurring and asked for enforcement and the ZA did not satisfy your concern, you can appeal inaction or insufficient action by the ZA to the ZBA. Need to put that garage closer to the property line than what your zone allows? The ZA can't allow it, but if you fit the criteria, maybe the ZBA will be able to issue a Variance. Want to add an apartment to your house or build an apartment house? The ZBA must grant a conditional use permit.

2. When and where does the Zoning Board of Adjustment meet?

The Zoning Board of Adjustment holds its regularly scheduled meetings and hearings on the third Wednesday of each month at 7:00 p.m. at the Barre Town Municipal Office Building.

3. Do I have to appear at a Zoning Board of Adjustment Hearing?

Usually the answer is yes. Somebody must represent you. In the case of a variance, questions are asked that the owner of the property must answer. You may have representation for most proceedings; however, it is a good idea to be present yourself.

4. What is a Variance?

A variance is something that only the Zoning Board of Adjustment can issue. A variance is a deviation from the zoning ordinance. To obtain a variance, applicants must answer several questions to determine if they meet specific criteria.

5. What is a Conditional Use Permit?

Conditional Use Permits (CUP) are for a particular use in a zone where that use is allowed but only after the Zoning Board of Adjustment has reviewed the project and looked at specific criteria. The Zoning Board usually issues conditions in approving a CUP.

6. What is quasi-judicial?

Quasi-Judicial means that the proceedings of the Zoning Board of Adjustment are similar in nature to those of a court proceedings. Participants are sworn in, testimony is provided, decisions are rendered based on law.

7. Are decisions by the Zoning Board of Adjustment valid immediately after their decision?

All decisions of the Zoning Board of Adjustment are subject to a 30-day appeal period. This gives those that feel the ZBA rendered a decision in error an opportunity to appeal.

8. Where are appeals of the Zoning Board of Adjustment heard?

Appeals of Zoning Board of Adjustment decisions are heard before the State of Vermont Environmental Court. At the Environmental Court, a complete pleading of the particular case is necessary, with the court rendering a decision. Sometimes the Environmental Court may send it back (remand) to the Zoning Board of Adjustment. Decisions of the Environmental Court are appealed to the States Supreme Court.