American Institute of Certified Planners (AICP) Practice Exam

What authority does a zoning board of appeals have?

1. Enforcement of zoning laws

2. Appellate jurisdiction over zoning enforcement decisions

3. Creation of new zoning laws

4. Issuing building permits

The correct answer is: Appellate jurisdiction over zoning enforcement decisions

The zoning board of appeals primarily has the authority to hear and decide on appeals regarding zoning enforcement decisions. This role allows the board to address requests from landowners or developers who believe that their rights have been unfairly restricted by zoning regulations. The board evaluates these appeals to determine whether the enforcement of zoning laws has been adequately applied and may grant variances or exceptions based on specific circumstances. In contrast, a zoning board does not enforce zoning laws itself; enforcement typically falls under a local zoning officer or planning department. Also, it does not have the authority to create new zoning laws, as that responsibility lies with the local legislative body or planning commission. Additionally, while a zoning board may consider whether to approve certain applications related to zoning variances, the actual issuance of building permits is generally handled by separate building departments that evaluate compliance with all relevant codes and standards. Thus, the appellate jurisdiction over zoning enforcement decisions accurately reflects the primary function of a zoning board of appeals.