City of Hardeeville - Permit Center

Variance

Description Development projects in the City need to comply with a variety of standards in the zoning regulations. Sometimes, dimensional standards, such as building setbacks from lot lines, can have the effect of prohibiting or severely restricting the use of a particular property. In those instances, a property owner can submit a variance application. A variance cannot be granted merely to remove inconveniences or financial burdens that the zoning code may impose on property owners in general. Rather, it is intended to provide limited relief when the Board of Zoning Appeals determines the review criteria have been satisfied. State and/or federal laws or requirements may not be varied by the City.

Variances are reviewed on a case-by-case basis by the Zoning Board of Appeals. In determining whether to approve or deny the petitioner’s application, the Board of Appeals must consider prior court precedent, state statutes, and the City's zoning regulations.

The petitioner has the burden of proof during the review process (i.e., the application and during the public hearing) to clearly demonstrate the variance meets the approval criteria listed below.

Decisionmaker: The Zoning Board of Appeals makes the final decision.

Approval criteria The Board of Zoning Appeals may grant a variance in an individual case of unnecessary hardship if the Board makes and explains in writing the following findings:

There are extraordinary and exceptional conditions pertaining to the particular piece of property;
These conditions do not generally apply to other property in the vicinity;
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; and
The authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the district will not be harmed by the granting of the variance.
Special circumstances or conditions exist (e.g., narrowness, exceptional topographic conditions, or the shape of the property) that are not common to other areas or buildings that are similarly situated and practical difficulty may result from strict compliance with this Code's standards, provided that the requested variance will not have the effect of nullifying or impairing the intent and purposes of either the specific standards, this Code, or the comprehensive plan.

Appeals The Board's decision can be appealed to the circuit court within 30 days of the date of the final decision.

Expiration of approval A variance approval becomes null and void:

If the variance is not exercised within one (1) year of the date it is granted, or
If any building, structure, or characteristic of use permitted by variance is moved or altered so as to enlarge the variance or discontinue it.

Application Fee

Non-residential: $150
Residential: $75

Submittal Deadline

Meetings are scheduled when needed allowing for required public hearing notice.

Application Materials

Variance Application (Form V)

Submit Application

Are you Ready?

Do you have a PDF of your completed application form and other required materials?

Yes No

If no, the application form is posted on this page.

Frequently Asked Questions

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The review process for a development application includes a public hearing. What's that?

A public hearing is intended to allow the petitioner the opportunity to describe their proposed project and interested parties the opportunity to share their concerns with the reviewing authority. While all public comments are welcome, speakers should focus on those elements of the project that are within the review authority's scope of authority. Consistent with established policies, public comments may be limited in duration to make sure everyone can be heard.

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Can I contact one or more of the members serving on the Zoning Board of Appeals to run some ideas by them? It would certainly help me prepare my application.

No. The members on the Board of Zoning Appeals are similar in many respects to a judge. They hear and evaluate evidence in a public forum and render a decision within the context of local, state, and, in some cases, federal law. This is referred to as a "quasi-judicial" decision. It is not proper for anyone - the applicant, a proponent, or an opponent - to contact a board member regarding a potential or pending application. Because these private conversations, referred to as "ex parte communication" should not occur, all parties can be assured of an unbiased proceeding, even if they do not agree with the outcome.

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What is a determination of completeness?

When we receive a development application, staff will review the materials to make sure the application submittal is complete and ready for formal review. If an application submittal is not complete, staff will notify the applicant and describe the parts that are not complete.

A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

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The Zoning Board of Appeals just granted a variance similar to the one that I will be requesting. Can I assume my application will be approved as well?

Not necessarily. The Board of Zoning Appeals must apply a set of criteria based on the particular circumstances of the request. Because no two zoning cases are exactly the same, the outcomes may be quite different.

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What happens to a variance when the property is sold?

Variances run with the land. This means that a variance will continue in effect as the property is transferred from one owner to the next. All terms and conditions of the variance remain unchanged and apply to all subsequent property owners.

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If a dimensional variance is granted to allow the construction of a building, is that building then considered a nonconforming structure?

Yes. All rules and regulations that apply to nonconforming structures will apply.

View all Frequently Asked Questions

Primary Staff Contact

Brana Snowden, Planning Director

843-784-2231

[email protected]

About Reviewers

The following are involved in the review of this type of application.

The Board of Zoning Appeals includes 5 members and 2 alternates who are appointed by the Mayor, subject to confirmation by the City Council. The board reviews special exception applications, variances, and administrative appeals. (Staff to review board composition)

Planning staff provides technical support to the City Council, Planning Commission, Board of Zoning Appeals, developers, neighbors, and other interested parties to facilitate the development review process.

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Everyone involved in reviewing development projects help ensure they align with City regulations and long-term planning goals to foster positive growth and development.

Below are the ways we notify the public when someone submits this type of application. (ID: 207)

Meeting agendas provide advance information about the topics a public body will review and may take action on during a meeting.

Published Notice A formal notice is published in the City's official newspaper as required by state law. This notice includes key details about the proposed application, such as the type of request, the applicant, location, and the date/time of the public hearing.

Mailed notice A written notice is mailed to property owners abutting the subject property.

Property Posting A notice is posted on or adjacent to the subject property so that it is visible from each public thoroughfare that abuts the property.

ZoningHub The application and related documents are posted on the City's ZoningHub site on the Pending Applications page. This digital posting ensures 24/7 public access to information and may include the petitioner's application, staff reports, dates for upcoming meetings, decision documents, and more.

In addition, we'll notify eAlert subscribers on the first day the application is first posted online. Sign up for eAlerts.

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City of Hardeeville Zoning Code | Permit Center | Variance