Council won't hear appeals on zoning

Charleston City Council found itself embroiled in a time-consuming land use dispute last fall.

A little-known section of the municipal code had been used to ask council to overrule a decision by the city's appointed zoning board. The result was more than five hours of hearings.

Council has now taken steps to see that the situation is not repeated, with an ordinance barring those who object to zoning board decisions from appealing to council. Appeals would go to circuit court, which is what already happens in most cases.

City Council could still overrule the Board of Zoning Appeals, but only a council member or the mayor could initiate that process.

City attorney Adelaide Andrews described the change as a clarification of existing state law.

The issue of direct appeals to City Council hadn't been raised since at least the 1980s, until Ashley Hall school and some Radcliffborough residents challenged a zoning variance that was approved last year.

That dispute involved a land use variance, which is an exception to zoning rules, that would have allowed a residentially-zoned property on the corner of Rutledge Avenue and Vanderhorst Street that was most recently a doctor's office to be used for a SunTrust bank branch.

The zoning variance had been granted after the bank signed a lease and won neighborhood support for the plan. But the neighborhood association reversed its position after the Board of Zoning Appeals acted.

The private Ashley Hall school, which had previously attempted to buy the corner lot for future school expansion, joined a number of Radcliffborough residents in challenging the zoning relief granted to the bank, filing appeals both in court and with council.

Council eventually did overturn the zoning decision, but first there was much discussion about whether they should hear the case, and some worried that they would be opening a floodgate of zoning appeals to council.

Under the ordinance that council preliminarily approved May 27, Mayor Joe Riley and members of council will have 15 days following a zoning board decision on a land use variance to give notice that they plan to consider overruling the board. Then, council would have to consider the issue at its next meeting.

Others with an interest in a land use variance who wish to appeal a zoning variance would have 30 days to appeal to circuit court.

The ordinance, which amends the city's zoning code, is scheduled for a final council vote June 17.

Reach David Slade at 937-5552 or dslade@postandcourier.com.