Variances, Special Exceptions, and Appeals

Board of Zoning Appeals (BZA)

The Board of Zoning Appeals (BZA) is appointed by County Council and quasi-judicial.  The BZA has explicit and final decision-making authority on Variances, Special Exceptions, and Administrative Appeals.   No request is guaranteed approval by the BZA, and the BZA must find that the request met applicable established criteria.  The powers of the BZA are enumerated in S.C. Code 1976, §§ 6-29-780—6-29-860, as amended.  In general, such powers and duties shall include:

1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination by an administrative officer in the enforcement of the zoning ordinance. In exercising this power, the board may, in conformity with the provisions of S.C. Code 1976, § 6-29-800, as amended, reverse or affirm, wholly or in part, or may modify the order, requirements, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit.
2. To hear and decide appeals for variance from the requirements of the zoning ordinance when strict application of the provisions of the ordinance would result in unnecessary hardship. A variance may be granted in an individual case of unnecessary hardship if the board makes and explains in writing the following findings:
   • There are extraordinary and exceptional conditions pertaining to the particular piece of property; and
   • These conditions do not generally apply to other property in the vicinity; and
   • Because of these conditions, the application of the ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property; and
   • The authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the granting of the variance will not harm the character of the district.
   • The board may not grant a variance the effect of which would be to allow the establishment of a use not otherwise permitted in a zoning district, to extend a nonconforming use of land, or to change the zoning district boundaries shown on the official map. The fact that property may be utilized more profitably, should a variance be granted, may not be considered grounds for a variance.
     • The board may not grant a variance for a use of land, a building, or a structure that is prohibited in a given district.
     • In granting a variance, the board may attach to it such conditions regarding the location, character, or other features of the proposed building, structure, or use as the board may consider advisable to protect established property values in the surrounding area, or to promote the public health, safety, or general welfare.
3. To permit uses by special exception subject to the terms and conditions for the uses set forth for such uses in the zoning ordinance.

Application forms can be obtained through the links above; hardcopies are available in the Planning and Zoning Department.  All applications must accompany a sketch/site plan, other supporting documentation, and a $150.00 non-refundable fee, which are due by 5:00 PM at least 4 weeks prior to the scheduled meeting, typically the date of the previous month’s meeting unless otherwise specified in the calendar linked above.   

The BZA typically meets the third Tuesday of every month unless otherwise specified in the calendar linked above. 

All requests are advertised via a newspaper of general circulation, posted with a red Public Hearing sign, and published in the respective meeting agenda.  

PDF applications may be emailed to Planning and Zoning Administrative Support at vog.csytnuocyelekrebobfsctd@zapbew.  Payment may be received online by following the prompts provided by the Department.