Final answer:
Frank can appeal a denied set-back variance to a board of zoning appeals and potentially further to a court. Legal assistance is advisable due to the specialized and complex nature of zoning disputes. Frank could also challenge the decision if it is unreasonable or discriminatory.
Step-by-step explanation:
Frank, after being denied a set-back variance by the zoning board, has multiple recourses. He can appeal the decision to a board of zoning appeals, which is a quasi-judicial body that can hear his case anew, often with sworn testimony and a more formal hearing process. These decisions by the appeals board are not final and can be reviewed in court if necessary. The presence of legal counsel can be of significant benefit given the complexity of zoning laws and the specialized workings of the appeals boards.
Furthermore, Frank could challenge the denial if he believes that the zoning ordinance is unreasonable or discriminatory. If the zoning regulation discriminates based on race or if it constitutes spot zoning that unfairly singles out his property without a reasonable basis, he might have a valid legal point. Additionally, if the zoning decision amounts to a 'taking' of his property without just compensation, this too could form a basis of a legal challenge under the constitutional prohibition against such takings.
It is important to remember that zoning ordinances must be reasonable and serve the good of the entire community in accordance with a comprehensive plan. Challenges to zoning decisions often center on whether the regulations meet these criteria.