Awendaw City Zoning Code
VARIANCES
§ 153.400 VARIANCES.
(A) The purpose of a variance is to afford an applicant relief from the requirements of the strict letter of this chapter when unnecessary hardship or practical difficulty exists.
(1) Variances authorized by Board of Zoning Appeals. The Board of Zoning Appeals is authorized to grant variances only in harmony with the general purpose and intent of this chapter and in accordance with the standards herein.
(2) Application for variance. An application for a variance, together with an application for a zoning permit, shall be filed in duplicate with the Planning Director, who shall forward a copy of each to the Board of Zoning Appeals such that a hearing may be scheduled in accordance with § 153.005. The structure on the subject property shall be physically staked out before the application is submitted to the Planning Director. The application shall contain the following information, as well as such additional information as may be prescribed by rule of the Board of Zoning Appeals:
(a) A letter of intent submitted by the applicant describing the specific requirements of this chapter which prevent the proposed use or construction;
(b) The characteristics of the subject property which prevent compliance with the requirements of this chapter;
(c) The minimum reduction in the requirements of this chapter which would be necessary to permit the proposed use or construction;
(d) The particular hardship which would result if these requirements were applied to the subject property; and
(e) A copy of the approved recorded plat together with a site plan drawn to engineers scale showing the property dimensions, dimensions and locations of existing and proposed structures and improvements, parking areas, grand trees, wetlands, holding basins and buffers when applicable.
All proposed variances, except single-family residential development, shall satisfy the site plan review process. Applicants shall attend at least one site plan review meeting prior to submitting an application for a variance.
(3) Hearing on variance. A hearing on the application for a variance shall be held by the Board of Zoning Appeals as specified in § 153.005.
(4) Approval criteria. The Board of Zoning Appeals may grant a variance only if exceptional circumstances exist, and where practical difficulty or unnecessary hardship is so substantial, serious, and compelling that relaxation of the general restrictions ought to be granted. No variance shall be granted unless the applicant shall show and the Board of Zoning Appeals shall find that:
(a) There are extraordinary and exceptional conditions pertaining to the particular piece of property;
(b) These conditions do not generally apply to other property in the vicinity;
(c) 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;
(d) The authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the zoning district will not be harmed by the granting of the variance;
(e) The Board of Zoning Appeals shall 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 physically a nonconforming use of land, or to change the zoning district boundaries shown on the official zoning map;
(f) The fact that property may be utilized more profitably, should a variance be granted, may not be considered grounds for a variance;
(g) The need for the variance shall not be the result of the applicant’s own actions;
(h) Granting the variance will not be contrary to the public or neighborhood interest nor will not adversely affect other property in the vicinity, nor interfere with the harmony, spirit, intent, and purpose of this chapter; and
(i) Granting of the variance does not substantially conflict with the comprehensive plan or the purposes of this chapter.
(5) Stipulations, conditions or safeguards. In granting a variance, the Board of Zoning Appeals 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.
(6) Lapse of approval. An approved zoning variance shall lapse and be of no further effect 12 months after the date that the zoning variance was approved by the Board of Zoning Appeals unless a completed application of a zoning permit is submitted in accordance with § 153.005 or if no zoning permit is required, unless construction or development has commenced and is being diligently pursued.
(B) A single one-year extension of a zoning variance approval may be allowed if construction or development has commenced and is being diligently pursued. Applications for extensions of zoning variance approvals shall be submitted to the Planning Director on forms available in the Planning Department at least 15 days prior to the expiration of the zoning variance approval.
(Ord. 2025-05, passed 5-20-2025)