Neighboring residents sought review of decision by Board of Zoning Adjustment (BZA) that approved application by prospective lessee of property for special exception that allowed it to operate and co-locate a public charter school with property owner’s existing private school in residential zone.
Prospective lessee intervened.
The Court of Appeals held that:
- Allowing continued use of existing, nonconforming parking lot did not violate intent and purpose of relevant zoning regulations;
- Prospective lessee, rather than property owner, was proper applicant to request special exception;
- BZA did not abdicate its authority by designating other entities to enforce certain conditions that it placed on its approval; and
- BZA conducted requisite “improved public review” prior to approving application.