Board of Zoning Appeals

The Seabrook Island Board of Zoning Appeals is a quasi-judicial board which was established by Town Council pursuant to the requirements of the South Carolina Local Government Comprehensive Planning Enabling Act of 1994 (S.C. Code of Laws Section 6-29-780 et seq).

The Board consists of five members, each of whom must be residents of the town. Board members are appointed by Town Council for a five-year term.

The Board has three specific powers, duties, and responsibilities:

• To hear and decide appeals for variances from the requirements of the zoning ordinance when strict application of the provisions of the ordinance would result in unnecessary hardship. State law outlines four criteria which must be met in order to qualify for a variance, and it is incumbent upon the applicant to demonstrate how the request satisfies each of the four criteria; 

• To permit uses by special exception when designated within the zoning ordinance; and

• ​To hear and decide appeals where it is alleged there is an error in an order, requirement, decision or determination made by an administrative official in the enforcement of the zoning ordinance.

The Board must give at least 15 days' public notice of all hearings in a newspaper of general circulation, as well as due notice to all parties in interest. At the hearing, any party may appear in person, or be represented by an agent or attorney.

In exercising its powers, the Board may reverse or affirm, wholly or in part, or may modify the order, requirements, decision, or determination, and to that end, has all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. The Board, in the execution of its duties, may subpoena witnesses and, in case of contempt, may certify this fact to the circuit court having jurisdiction.

The Board must issue a decision on all appeals and requests within a reasonable time. All final decisions and orders of the board must be in writing and be permanently filed as a public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the board and must be delivered to parties of interest by certified mail.

Any person having substantial interest in a decision of the Board or an officer or agent of the town may appeal the Board's decision to the circuit court for Charleston County by filing with the Clerk of Court a written petition 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.

To view agendas and minutes for the Board of Zoning Appeals, please click here.

Board Members

Chuck Cross
Bob Leggett, Acting Chair
Elizabeth Palmer
Ed Williams
Sue Schenning

Contact

Tyler Newman
​Zoning Administrator
(843) 768-9121​
[email protected]