What is the basis for the ZBA’s decision on an interpretation?

If requesting a reversal on an interpretative basis, the applicant must prove that the enforcement officer's decision was incorrect, according to a proper reading of the municipality's zoning regulations. If the ZBA has heard a case in the past which involved an interpretation of the same provision, the ZBA's decision will be consistent with its prior ruling. If the ZBA has never interpreted the particular provision at issue, it will use its best judgment as to the municipal governing board's original intent in enacting the provision. Secondarily, the ZBA will try to arrive at the best practical solution for future application by the enforcement officer. 

Careful and thorough reference will be given to all definitions and other provisions of the regulations. If necessary, the ZBA will refer to authoritative publications on planning and zoning law. The applicant may, of course, use those resources in presenting his own case as well.

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1. Why might you consider an appeal to the Zoning Board of Appeals?
2. How is the appeals process initiated?
3. Under what circumstances may an appeal be made to the Zoning Board of Appeals?
4. Who may apply to the ZBA for relief?
5. What decisions or actions are appealable?
6. What types of relief can the ZBA grant?
7. After a Notice of Appeal has been filed, what must happen?
8. What is the responsibility of the applicant at the hearing?
9. Will the ZBA make a decision the night of the hearing?
10. What is the basis for the ZBA’s decision on an interpretation?
11. What must be proven in order to be granted a use variance?
12. What must be proven in order to be granted an area variance?
13. Must the variance, if granted, be exactly what was applied for by the applicant?