Zoning Board of Adjustment
The Scott County Zoning Board of Adjustment is a quasi-judicial board that hears and makes the final decision on any questions between an applicant and the zoning administrator as to the proper interpretation of the zoning ordinance.
The Zoning Board of Adjustment decides on applications for special use permits as specifically provided in the zoning ordinance. The Board may authorize variances in the application of the ordinance where there are unusual circumstances that would otherwise produce unnecessary hardship to a particular parcel of land if literally enforced.
The Zoning Board of Adjustment is made up of five citizens appointed by the County Board of Supervisors to five year terms, with the majority residing in the unincorporated areas of the county.
Appeal of Interpretation Procedures
- Appeal of Interpretation
An appeal of interpretation may be filed if the applicant feels there is an error in a determination made by the Zoning Administrator/Planning and Development Director in the enforcement of the Zoning Ordinance or any of its supplements or amendments. The applicant has 15 days from the notification of the denial of their request to file an application for appeal. An interpretation application needs to be filled out and turned in to the Planning and Development Department.
- Board of Adjustment
The Board of Adjustment will hold a public hearing. They will hear appeals for interpretation related to:
- Zoning District boundary line location
- use of the building or premises (i.e. home occupation or home industry)
- applicability of zoning standards to the specific site
- other similar matters
- Public Hearing
Any person may testify at the public hearing. The burden of proof rests with the applicant. The neighboring property owners within 500 feet of the applicant's property will be notified by first class mail of the public hearing. A sign will also be placed on the applicant's property giving the date, time, and location of the public hearing. The Board will make a decision at the time of the meeting.
The applicant will be notified in writing of the Board's official decision within fifteen days of the hearing.
The applicant has the right to appeal any decision of the Board of Adjustment to District Court. A petition for appeal must be submitted to the Court within thirty days after the filing of the decision in the Planning and Development office.
Fees: There is a fee of $50 for an appeal of interpretation.