A person desiring to erect or increase the height of a structure, or to permit the growth of any tree, or otherwise use the person's property in violation of airport zoning regulations adopted under this chapter, may apply to the board of zoning appeals or joint board of appeals for a variance from the zoning regulations. The variances must be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest, but would do substantial justice and be in accordance with the spirit of the regulations and this chapter. However, that any variance may be allowed subject to any reasonable conditions that the board of adjustment may consider necessary to effectuate the purposes of this chapter, including the reservation of the right of the governmental entity, at its own expense, to install, operate, and maintain on it markers and lights as may be necessary to indicate to operators of aircraft the presence of the airport hazard.
HISTORY: 2012 Act No. 270, Section 4, eff June 18, 2012.
Structure South Carolina Code of Laws
Chapter 9 - South Carolina Airports Act
Section 55-9-20. Intent and construction of chapter.
Section 55-9-30. Establishment of airports.
Section 55-9-40. Land use for aviation deemed a governmental purpose.
Section 55-9-50. Acquisition of land by counties.
Section 55-9-60. Repealed by 1987 Act No. 173, Section 55, eff June 30, 1987.
Section 55-9-70. Acquisition of property by condemnation or otherwise.
Section 55-9-80. Air rights over private property.
Section 55-9-90. Safety markers and lights.
Section 55-9-100 to 55-9-180. Repealed by 1987 Act No. 173, Section 55.
Section 55-9-190. Powers as to airports and landing fields.
Section 55-9-200. Manner of raising money for purchase price or award.
Section 55-9-230. Local police regulations.
Section 55-9-240. Zoning of land surrounding certain airports.
Section 55-9-250. Airport hazards.
Section 55-9-290. Actions in equity maintained by the division to restrain or abate airport hazards.
Section 55-9-300. Incorporation of airport hazard area regulations.
Section 55-9-310. Conflict between zoning regulations.
Section 55-9-320. Procedure for adopting, amending, and repealing zoning regulations.
Section 55-9-330. Airport zoning regulations; permitted content.
Section 55-9-340. Variances from airport zoning regulations.
Section 55-9-360. Administration and enforcement of airport regulations.