South Carolina Petition to Board of Zoning Appeals in Support of Application for a Variance

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Zoning is a government-imposed restriction on the use that may be made of land.
For example, a municipality may adopt a zoning ordinance that permits the construction of only single-family houses in a designated portion of the city. Zoning is used to plan future community growth and to ensure reasonable, orderly development. A variance is an exception granted by an administrative agency such as a zoning board that permits a use of property that is inconsistent with an existing zoning ordinance.


This form is a generic example of a petition appealing a decision of a zoning board of a municipality to a higher administrative agency. In this petition, petitioner is asking that he be allowed to use the premises in a way other than for a dwelling.

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FAQ

Summary of Use Variance Criteria The applicant cannot realize a reasonable return on his/her property - this inability must be substantial as shown by competent financial evidence. The alleged hardship is unique and does not apply to a substantial portion of the district or neighborhood.

USE VARIANCE STANDARDS 1) The applicant must prove that the property is unable to achieve a reasonable return for any use allowed in that zoning district. 2) The applicant must prove that unique circumstances apply to the property for which the variance is requested.

A variance is a request by a property owner to deviate from current zoning laws for any number of reasons. A zoning law, or zoning ordinance, is put in place by a local governing body to dictate how property in a particular area or zone can be utilized.

The Board of Zoning Appeals is a quasi-judicial board that makes decisions regarding zoning issues. Cases are posted and advertised in ance with Chapter 17 of the City Code of Ordinances and with Title 30, Chapter 4 of the code of Laws of South Carolina. The Board meets the first Thursday of every month.

Residents can also appeal a zoning or ZBA decision to the Superior Court. They have 15 days from when the decision was published by serving notice the commission's or board's chairman. The statutes specify the steps the residents and the court must follow to resolve the appeal.

What if I am dissatisfied with a decision made by the zoning board of appeals? You may take an appeal to the superior court, the district court or the land court of Massachusetts. That appeal must be filed within twenty (20) days of the date that the decision you are appealing is filed with the city or town clerk.

"Area variance' shall mean the authorization by the zoning board of appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations."

?authorization of a particular land use which is permitted in a zoning ordinance or local law, subject to requirements imposed by such zoning ordinance or local law to assure that the proposed use is in harmony with and will not adversely affect the neighborhood if such requirements are met.? Town Law 274-b.

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South Carolina Petition to Board of Zoning Appeals in Support of Application for a Variance