The Zoning Board of Appeals (ZBOA) is a five-member board appointed by the City Council. The Board has the following powers and duties:

• to hear and decide Appeals where it is alleged there is error in a decision or requirement made by an Administrative Official in the enforcement of the Unified Development Ordinance (UDO);

• to permit uses by Special Exception subject to the terms set forth in the UDO;

• to hear and decide requests for Variance from the requirements of Chapter 4 of the City of Beaufort Code of Ordinances, Floodplain Regulations; and

• to hear and decide requests for Variance from the requirements of the City's UDO when strict application of the provisions of the Ordinance would result in unnecessary hardship.

A variance may be granted by the ZBOA only when the Board makes and explains in writing all of the following findings:

1. Extraordinary and exceptional conditions. There are extraordinary and exceptional conditions pertaining to the particular piece of property. For example, the variance is justified because of topographic or other special conditions unique to the property and development involved, in contradistinction to mere inconvenience or financial disadvantage;

2. Other property. These conditions do no generally apply to other property in the vicinity;

3. Conditions.  The conditions are not the result of the applicant's own actions;

4. Comprehensive Plan. Granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of the Unified Development Ordinance;

5. Utilization. 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

6. Substantial detriment. The authorization of the variance would not be of substantial detriment to adjacent property or the public good, and the character of the district would not be harmed by granting of the variance.

The fact that property may be utilized more profitably should a variance be granted may not be considered grounds for a variance.

The Board may not grant a variance the effect of which would be to:

• allow the establishment of a use not otherwise permitted in the applicable zoning district;

• increase the density of a use above that permitted by the applicable district;

• extend physically a nonconforming use of land; or

• change the zoning district boundaries shown on the official zoning map.

Section 3.15 of the UDO describes the Variance process in more detail.  Section 3.16 describes the process for obtaining a Special Exception.  Section 3.17 describes the Administrative Appeals process.