Board of Adjustments and Appeals

Overview

The Colleton County board of adjustments and appeals shall have the power as defined herein to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes.

The owner of a building, structure, or service system, or his duly authorized agent, may appeal a decision, administrative or otherwise of the building official to the construction board of adjustment and appeals whenever any one of the following conditions or claims to exists:

    A. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system.

    B. The provisions of this section or any other applicable code do not apply to this specific case.

    C. That an equally good or more desirable form of installation can be employed in any specific case.

    D. The true intent and meaning of this section or any applicable code or regulations thereunder, including the administrative application, interpretation or computation by the building official thereunder have been misconstrued or incorrectly interpreted or applied.

    E. The board of adjustments and appeals, when so appealed to and after a hearing, may vary the application of any provisions of the applicable codes to any particular when in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of the technical codes or the public interest, and also finds all of the following:

        1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable.

        2. That the special conditions and circumstances do not result from the action or inaction of the applicant.

        3. That the granting of the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures, or service systems.

        4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system.

        5. That the granting of the variance will be in harmony with the general intent and purpose of the codes and will not be detrimental to the public health, safety and general welfare.

In granting the variance, the board may describe a reasonable time limit within which the action for which the variance is required shall be commenced and completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with the codes. Violation of the condition of a variance shall be deemed a violation of this code.

Notice of appeal shall be in writing and filed within 30 calendar days after the decision is rendered by the building official, unless extended by the board of adjustments and appeals for just cause.