For the Board to approve variance requests, applicants must be able to explain how their request satisfies the legal test for a variance.
For the Board to approve special exception requests, applicants must be able to show the Board how their request satisfies specific requirements listed in the Zoning Ordinance for the exception being requested. The Board meeting is a public hearing. Applicants should be prepared to present their case to the Board and answer questions.
Motions to Reconsider
An appeal for reconsideration of a decision of the Board must be filed within five (5) business days from the date of the Board’s decision, order, requirement or determination by delivery of BZA-Z application, BZA-Z appeal form and fee to the Zoning Division office. To grant the appeal for reconsideration, the Board must find that it misapprehended or misconceived the question or questions involved, or that it erred in its finding or disposition of the appeal, application or matter. If such appeal is granted by the Board, the decision shall be withdrawn and the matter heard and considered de novo, as if no hearing, consideration or determination had been previously made or heard. For a use variance, the Mayor or a city councilmember may request an appeal to City Council within 15 days of the decision. Permits cannot be issued until the applicable period in which to file a motion to reconsider or appeal has expired. An appeal to the Board or to City Council stays all further action on the application, including issuance of permits.
A person who may have a substantial interest in any decision of the Board or an officer or agent of the appropriate governing authority may appeal from a decision of the Board to the circuit court in the county by filing with the clerk of court a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within thirty days after the decision of the Board is mailed.
A property owner whose land is the subject of a decision of the board of appeals may alternatively appeal by filing a notice of appeal with the circuit court accompanied by a request for pre-litigation mediation in accordance with state law. Any notice of appeal and request for pre-litigation mediation must be filed within thirty days after the decision of the board is postmarked.
IMAGE OVERVIEW - Information on each application, including documents provided by the applicant
YOUTUBE - Meetings are live streamed and video recordings are posted to YouTube
PUBLIC PARTICIPATION UPDATE
Speak in person at the meeting without signing up in advance. There is no Zoom option.
Written comments must be submitted by 12:00 p.m.the business day before the meeting and must be submitted at http://innovate.charleston-sc.gov/comments/. Written comments will be provided to the board members 24 hours in advance of the meeting and will be acknowledged into the record and summarized. You are encouraged to attend the meeting in person to speak if you would prefer your comments to be fully heard. You may also mail/deliver written comments to the Planning Department, 2 George St, Suite 3100, Charleston, SC 29401.
Questions? Please call the Planning Department at 843-724-3765.
Applications for BZA-Z meeting agendas will be accepted digitally; paper submittals will not be accepted.
To apply, submit a completed application , plans and the required information listed on the application form, all in PDF format , to the board administrator, Pennye Ashby, via email. After receipt of submittal, an invoice for the application fee and instructions on how to pay will be emailed to the applicant . The invoice must be paid promptly upon receipt to ensure application is placed on the meeting agenda. Unpaid applications will be removed from the BZA-Z agenda. Applications are due by Noon on the deadline date (see Related Documents below).
Public notice of the application is given through an agenda that is placed in the newspaper, published on this website and mailed to subscribers. In addition, a sign noticing the public hearing will be placed on the property by the City.
The Board meeting is a public hearing. Applicants should be prepared to present their case to the Board and answer questions.