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Board of Adjustment

The Zoning Board of Adjustment is a quasi-judicial board that handles requests for variances from the City's zoning ordinances, special exceptions, and appeals to alleged errors in any order, requirements, decision or determination made by an administrative official of the city in the enforcement of any ordinance or any applicable state law.

Authority

Authorized by Chapter 211 of the Texas Local Government Code, a Board of Adjustment reviews land use cases to determine process may be utilized to request relief from the dimensional or physical requirements of any development standard within the UDC per Chapter 211.


Scope

While the Board of Adjustment does not grant zoning changes, it may:

  1. Grant Variances to Zoning Regulations that impose undue hardship on a piece of land
  2. Grant Special Exceptions to development standards to allow a specific use under certain conditions
  3. Hear Appeals challenging an alleged error on the part of city officials in enforcing zoning regulations

The Board of Adjustment cannot change the zoning designation and the list of allowable uses for a site (that is the function of the Planning and Zoning Commission and the City Council), it can grant relief from specific development standards that prevent a parcel from being used for those purposes that the existing zoning would otherwise allow.


Quasi-Judicial Nature

The Board of Adjustment consists of five members and three alternates who meet as needed to review variance requests. These members are appointed by the City Council and serve for two year terms. The BOA operates similar to a court:  the proceedings involve the presentation of testimony, evidence and arguments all within the scope of the public hearing with no input outside the conduct of the hearing allowed.


As such, Board members are not permitted to visit the site or have discussions or receive information outside of the hearing process.


Application and Process

  1. The Board of Adjustment hearings are held once a month or as needed based on applications received. Hearings are held at City Hall; work session begins at 6 pm and the hearing at 7 pm.
  2. Applications shall be submitted through MGO , the city’s permit system. Applicants should include all necessary documentation to support or justify their request. This is the only information that will be given to the Board for their consideration.
  3. The case preparation, notification, and hearing process typically takes 4-5 weeks. The Board makes the final decision.
  4. Appeals to a decision of the BOA decision must be submitted to the District Courts within 10 days of the Board decision.


  1. View agendas for past meetings.

Planning

City Hall

825 W. Irving Blvd.

2nd Floor

Irving, TX 75060


M-F, 8 a.m. to 5 p.m.


Phone: (972) 721-2424

Fax: (972) 721-2422

Email Planning

Divisions

  • Comprehensive + Neighborhood Planning
  • Census + Demographics, GIS
  • Zoning + Platting

Planning

City Hall

825 W. Irving Blvd.

2nd Floor

Irving, TX 75060


M-F, 8 a.m. to 5 p.m.


Phone: (972) 721-2424

Fax: (972) 721-2422

Email Planning