Zoning Board of Appeals

Overview

The five member Board of Zoning Appeals is required for the determination of appeals from administrative decisions of the Zoning Administrator on matters pertaining to zoning and granting or denying applications for variances or special exceptions per the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, Section 6-29-780(A). The board has the following powers and duties:

  • To hear and decide appeals where it is alleged there is error in a decision or requirement made by an administrative official in the enforcement of the Zoning Ordinance.
  • To permit uses by special exception subject to the terms set forth in the Zoning Ordinance
  • To hear and decide requests for variances from the requirements of the Zoning Ordinance when strict application of the provisions of the ordinance would result in unnecessary hardship.

Granting Variances

A variance may be granted by the ZBOA only when the board makes and explains in writing all of the following findings:

  • Comprehensive Plan: Granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of the Zoning Ordinance.
  • Conditions: The conditions are not the result of the applicant’s own actions.
  • Extraordinary and exceptional conditions: There are extraordinary and exceptional conditions pertaining to the particular piece of property. For example, the variance is justified because of topographic or other special conditions unique to the property and development involved, in contradistinction to mere inconvenience or financial disadvantage.
  • Other property: These conditions do not generally apply to other property in the vicinity.
  • Substantial detriment: The authorization of the variance would not be of substantial detriment to adjacent property or the public good, and the character of the district would not be harmed by granting of the variance.
  • Utilization: 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.
The fact that property may be utilized more profitably should a variance be granted may not be considered grounds for a variance.

Not Granting a Variance

The board may not grant a variance the effect of which would be to:

  • Allow the establishment of a use not otherwise permitted in the applicable zoning district
  • Change the zoning district boundaries shown on the official zoning map
  • Extend physically a nonconforming use of land
  • Increase the density of a use above that permitted by the applicable district.

Agendas & Minutes

Agendas are available prior to the meetings. Minutes are available following approval.

Most recent Agendas & Minutes

Applications & Forms

  • Special Exception Application
  • Variance Application

Staff Contacts

Board Members

Name Title
Stephen Henson Zone D Representative
Robert Jackson Zone B Representative
Tyshawn Shaw Zone A Representative
Janice Foster Zone C Representative
Garey Gibbs At-Large Representative