Zoning Board of Adjustment

[ Zoning Board of Adjustment | Meetings | Agendas & Minutes ]

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.

Appeals: [ Special Use Permits | Variance Procedures | Appeal of Interpretation Procedures ]

Variance Procedures

  1. Permit Application
    A variance application stating the nature of the request and all information supporting the request is submitted to the Planning and Development Department. The applicant should include any pertinent maps or diagrams. The applicant has 15 days from a building permit denial to file a variance application.
  2. Board of Adjustment
    A public hearing with the Board of Adjustment will be held. The Board will base its decision on whether the request falls under one of these categories:
    1. If a building occupied by a non-conforming use has been damaged by more than 65% of its value, a public need must be shown for a continuation of the non-conforming use
    2. If an exceptional situation or topographical condition that would result in unique difficulties or hardship upon the owner of the property and would deny all reasonable uses of property
    3. If the hardship is not self created or solely financial
    The Board must be sure that the granting of the variance will not:
    • serve only as a convenience to the applicant
    • impair the general purpose and intent of the Development Plan and Land Use Policies
    • impair adequate supply of light and air to the adjacent properties
    • increase the hazard from fire and other danger to the property
    • diminish the value of land and buildings elsewhere in the County
    • increase the congestion and traffic hazards on public roads
    • impair the public health, safety, and general welfare of the public
  3. 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.
  4. Notification
    The applicant will be notified in writing of the Board's official decision within fifteen days of the hearing.
  5. Appeals
    The applicant has the right to appeal to the District Court. A petition for appeal must be presented to the Court within thirty days after the filing of the decision in the Planning and Development office.
  6. Time Limits
    If the variance is granted, and the property is not developed within two years of the Board's action, the variance may be cancelled. The property owner would be notified prior to any Board action to cancel a variance.

Fees: There is a fee of $100 for variance applications.