(A) A Board of Zoning and Housing Appeals is hereby established. The Board shall consist of seven members, who shall be citizens of the city and shall be appointed by the City Council for overlapping terms of three years. Initial appointment shall be as follows: two members for a term of three years, three members for a term of two years and two members for a term of one year. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall serve without pay, but may be reimbursed for any expenses incurred while representing the Board.
(B) The Board of Zoning and Housing Appeals shall elect a chairman and a vice-chairman from its members who shall serve for one year or until reelected or until their successors are elected. The Board shall appoint a secretary, who shall be a city staff member. The Board shall adopt rules and by-laws in accordance with the provisions of this chapter and the S.C. Code Title 6, Chapter 7. Meetings of the Board shall be held at the call of the Chairman and at other times as the Board may determine. All meetings of the Board shall be open to the public.
(C) The concurring vote of a majority of members shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to affect any variation of this chapter. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating the fact, and shall keep records of its examinations and other official actions, all of which shall be maintained by the Secretary and shall be a public record. On all appeals, applications and other matters brought before the Board of Zoning and Housing Appeals, the Board shall inform in writing all the parties involved of its decisions and the reasons therefor, via certified mail.
(D) (1) Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality or county. The appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Zoning and Housing Appeals notice of appeal specifying the ground thereof. The Building Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(2) An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.
(3) The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney.
(E) (1) The Board of Zoning and Housing Appeals shall have the following powers and duties:
(a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination by the Building Inspector in the enforcement of this act.
(b) To authorize upon appeal in specific cases, a variance from the terms of the chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the chapter will, in an individual case, result in unnecessary hardship, so that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done. The variance may be granted in the individual case of unnecessary hardship upon a finding by the Board of Zoning and Housing Appeals that:
1. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;
2. The application of the chapter on the particular piece of property would create an unnecessary hardship;
3. Conditions are peculiar to the particular piece of property involved; and
4. Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of the chapter or the comprehensive plan, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited in a given district.
(2) In exercising the above powers, the Board of Zoning and Housing Appeals may, in conformity with the provisions of this act, reverse or affirm, wholly or in part, or may modify the order, requirements, decision or determination, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. The Board, in the execution of the duties for which appointed, may subpoena witnesses and in case of contempt may certify such fact to the circuit court having jurisdiction.
(F) Any person who may have a substantial interest in any decision of the Board of Zoning and Housing Appeals may appeal from any decision of the Board to the circuit court in and for the County of Marlboro with the clerk of the court a petition in writing setting forth plainly, fully and distinctly wherein the decision is contrary to law. The appeal shall be filed within 30 days after the decision of the Board is rendered.
(Ord. 94-06-01, passed 6-14-94; Am. Ord. 00-08-01, passed 8-15-00; Am. Ord. 05-02-03, passed 2-15-05)