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 File an Appeal 

How to File an Appeal to the Board of Adjustment

Who can file an Appeal?  

The applicant for a site plan, conditional use or subdivision.

Any governmental agency or unit.

Any person adversely affected by the action of the Platting Board or Planning and Zoning Commission.

What can be appealed?   

The decision made by the Platting Board regarding the approval or disapproval of a plat or variance

The decision made by the Planning and Zoning Commission. regarding the approval or disapproval of  an application for concept or final approval of conditional uses and site plans

When do I File?                  

An appeal must be filed no later than 20 days after the written findings of fact and decision of the lower administrative body, which made the decision, are approved.

Where do I File?                 

Appeals to the Board of Adjustment are filed in the Municipal Clerk’s Office.

How do I File?                      

Appeals must be filed on the form prescribed by the Municipal Clerk’s Office. An appeal may be considered for three causes, and the cause(s) must be explained and a reason given for why the appeal should be granted.  The causes are:

  1. Procedural error
  2. Error in application of law.
  3. Findings or conclusions that were unsupported by evidence.

What does it cost?             

The cost to file an appeal is $960 plus a $100 cost bond.

The appellant is also responsible for obtaining a verbatim transcript of the meeting at his/her expense.

Cost of the record, when received from the Planning Department, is $1.50 per page.