When to use this process

The Zoning Board of Appeals (ZBA) is a board of citizens appointed by City Council that makes decisions about specific types of zoning requests. Making one or more requests to the ZBA is a common step for many projects.

• Upcoming Public Hearings

ZBA application types

• Special exceptions are land uses that may or may not be compatible with nearby land uses or appropriate for the location depending on the circumstances. Most zoning districts have some uses that are classified as special exception uses in Chapter 4 of the Zoning Ordinance, meaning they must go to the ZBA for review.
• Reestablish a Nonconforming Use: A different type of special exception request is to reestablish a land use that is no longer allowed in a residential zoning district, which may be allowed under certain circumstances.
• Variances are requests to forgo or reduce some of the standards of the Zoning Ordinance. Only some standards are eligible for this type of request.
• Separation reductions: Some land uses allowed by the Zoning Ordinance must be a certain distance from other types of land uses. You may request that the ZBA reduce or waive this separation requirement. 
• Appeals: The ZBA can hear appeals regarding zoning decisions and interpretations provided that the appeal is made within 20 calendar days of the date of the decision or interpretation.
• Other: The ZBA more rarely hears a few other types of requests. If one of these applies to your project, staff will let you know and will walk you through the application process.

Similar process

The Zoning Ordinance also authorizes staff to allow administrative adjustments on a few standards of a very minor nature.

Estimated timeframe

The ZBA application process usually takes about 30 to 60 days. Anyone aggrieved by the decision may appeal to circuit court within 30 days of when the order of decision is mailed to the applicant. 

Get ready

Reach out to us

Contact Ryan Hammond at ryan.hammond@cityofrockhill.com or 803-329-5674 to discuss the request.

Required documents 

1. Letter of consent to apply if you are not the property owner. 
2. It is up to you to make your case to the ZBA about your request by providing any exhibits that may be helpful for the Board to make a decision. Common exhibits include sketch plans as well as photographs or renderings.

Required licenses

Developers, design professionals and similar paid representatives must have a business license.

•  Business license webpage

Apply

1. Apply Online using the button above.
   •  Click on “New Applications"
   • Click on “Development Plan Review”
   • Click on “Zoning Applications"
   • Click on "Special Exception," "Variance," "Separation Reduction," or "Re-establish a Nonconforming Use," and follow the prompts from there. For appeals, use the button called "Zoning Board of Appeals Applications." If you are making more than one type of request, submit a separate application for each type of request because the questions asked are different.
2. We will send you an email stating that the request is considered "not approved" until decided by the ZBA.
3. For all request types except for appeals, we will email you an invoice for the application fee, which will be paid through our online portal. Beware of scammers trying to obtain false payment through wire transfer or other mechanisms.
   • If you decide to withdraw the request before staff submits the legal ad for the public hearing, 50% of the fee is refundable. After that time, the fee is not refundable, whether the ZBA approves the request or not.
   • If you are making more than one request to the ZBA at the same time, only one application fee is required.

Next steps

Zoning Board of Appeals meeting

We will schedule your request to go to the ZBA, which usually meets monthly. You must attend this meeting to explain your request and answer questions. 

• Calendar

Staff will provide the ZBA with a written report about the request before the meeting, which will be posted on the ZBA's Agendas and Minutes webpage.

All request types except for appeals

The ZBA will hold a public hearing when people for and against the request may comment on it. The ZBA typically will make a decision during the same meeting as the public hearing. The ZBA may approve the request, deny the request, or approve it with conditions.

We are required to advertise the public hearing in accordance with state law. At least 15 calendar days in advance of the hearing, we will:

1. Post a sign(s) on the property giving the public notice about the request
2. Mail a postcard to all property owners and tenants within 300 feet of the property
3. Place a legal advertisement regarding the request in The Herald newspaper.

Appeals

The ZBA will hold a hearing regarding your appeal. During the meeting, staff will give a presentation about the appeal and answer any questions the ZBA has about it. You then will have an opportunity to speak about why you are requesting the appeal and explain why you believe the staff member's decision or interpretation was incorrect.

Both the City and you may call witnesses on their behalf, but members of the general public may not appear and submit testimony.

At the conclusion of the hearing, the ZBA will affirm, partly affirm, modify or reverse the decision or interpretation based on whether it finds the decision or interpretation to be consistent with the provisions of the applicable code in question. The Board does not function as a judge of whether the policies in question are or are not wise or beneficial. 

Order of decision

We will mail you the order of decision after the Board approves it during its next meeting. 

• If the request is approved, you may still need to obtain other types of permits, such as a building permit, before you may use the property as requested. These require separate processes and fees.
• If the request is not approved, you may appeal the decision to circuit court within 30 days of when the order of decision was mailed to you.