• Text Size:
  • A
  • A
  • A

Board of Zoning Appeals

Mission

Hears and decides appeals; grants variances from provisions of the LMO; reviews and takes action on special exception applications.

Overview

The Board of Zoning Appeals is established pursuant to the authority of Section 6-29-780 of the Code of Laws of South Carolina.

The Board shall consist of seven (7) members, appointed by the Town Council, and shall include, to the extent practicable, at least one (1) attorney and one (1) design professional (either a registered architect or a registered landscape architect). None of the members shall hold any other public office or position in the Town or County.

Town Council appoints members to the board. All members shall be appointed for three-year terms. No member may serve for more than two successive terms, except for extraordinary circumstances where Council believes it to be in the best interest of the community to have a continuation for a specific period of a particular member of the Board.

A majority of the Board shall constitute a quorum for the conduct of business. Public notice of all meetings of the Board of Zoning Appeals shall be provided by publication in a newspaper of general circulation in the municipality, in accordance with South Carolina Freedom of Information Act requirements. In cases involving variances or special exceptions, conspicuous notice shall be posted on or adjacent to the property affected, with at least one (1) such notice being visible from each public thoroughfare that abuts the property.

The Board of Zoning Appeals shall have jurisdiction over all lands within the Town. The Town Council may expand the jurisdiction of the Board of Zoning Appeals by ordinance and/or intergovernmental agreement, in accordance with the provisions of Section 6-29-330 of the Code of Laws of South Carolina.

Powers and Duties

The Board of Zoning Appeals has the following powers:
  1. To hear and decide appeals where it is alleged there is error in an order, requirement, decision or determination made by an administrative official in the administration or enforcement of the Land Management Ordinance (LMO);
  2. To hear and decide requests for variance from the design and performance standards of the LMO;
  3. Review and take action on applications for uses by special exception; and
  4. Review and take action on appeals of Planning Commission action on certain traffic analysis plans.

Appeal

A person who may have a substantial interest in any decision of the Board of Zoning Appeals, or an officer or agent of the appropriate governing authority may appeal from a decision of the Board to the Circuit Court in and for the County by filing with the Clerk of the Court a petition in writing, setting forth plainly, fully and distinctly why the decision is contrary to law. The appeal must be filed within 30 days after the decision of the Board is mailed. The appeal shall proceed in accordance with Sections 6-29-820 through 6-29-850 of the Code of Laws of South Carolina.

Application Procedure

Applications for Variance and Special Exception must be completed and submitted not later than 30 days prior to the meeting at which the application will be considered. In addition, Applications for Appeal must be filed not later than 14 days from the date of the decision being appealed.

An Application Check-In Conference is required for all applications to determine whether the application meets the minimum requirements for acceptance. Application Check-In Conferences must be scheduled by appointment with the Community Development Department staff.