(A) Right of appeal. Any aggrieved party affected by a decision or interpretation of the Zoning Administrator may appeal such decision or interpretation to the BZA.
(B) Appeal procedure.
(1) Initiation. An appeal taken in accordance with this section may be initiated by filing a written notice of appeal within ten business days of the date of the decision or interpretation from the Zoning Administrator.
(2) Contents of appeal. The written notice of appeal shall specify the grounds for the appeal, a statement of the improper decision or interpretation, the date of that decision or interpretation, and all support materials related to the decision.
(3) Record. Upon receipt of the written notice of appeal, the Zoning Administrator shall transmit all the papers, documents, and other materials relating to the decision or interpretation appealed to the BZA. These materials shall constitute the record of the appeal.
(4) Scheduling of notice and hearing. The BZA shall hear the appeal at its next regularly scheduled meeting, or as soon as is reasonably possible.
(5) Hearing and decision by BZA. At the hearing, the person making the appeal may appear in person or by agent or attorney, and shall state the grounds for the appeal and identify any materials or evidence from the record to support the appeal. The Zoning Administrator shall be given an opportunity to respond, as well as any other city staff or other person the BZA deems necessary. After the conclusion of the hearing, the BZA shall affirm, partly affirm, modify, or reverse the decision or interpretation, based on the record, and § 162.03-15(C), Appeal Standards.
(C) Appeal standards. An order, decision, determination, or interpretation shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the order, decision, determination, or interpretation fails to comply with either the procedural or substantive requirements of this ZDO, state law, or the federal or state constitutions.
(D) Effect of appeal. A pending appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the BZA after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the BZA or by a court of record on application, on notice to the Zoning Administrator and on due cause shown.
(E) Appeal. A person having a substantial interest affected by a decision of the BZA on appeal may appeal from the decision to the Circuit Court in and for Charleston County by filing with the Clerk of Court a petition setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal shall be filed and a copy served on the city within 30 days after the decision of the BZA is mailed. For the purposes of this subsection, person includes persons jointly or severally aggrieved by the decision of the BZA.
(Ord. 05-10, passed 3-23-10; Am. Ord. 01-15, passed 3-10-15)