(A) Purpose.
The Board of Zoning Appeals shall hear appeals to the decisions of the administration of the zoning ordinance, requests for variances and requests for special exceptions in accordance with S.C. Code § 6-29-780 et sq. and Chapter 162 of the Folly Beach Code of Ordinances.
(B) Composition and duties.
(1) The Board shall consist of seven members, who shall be full-time, year round residents and registered voters of the city. Full-time, year round residency shall be determined by address appearing on voter's registration card, driver's license, and most current federal tax return. Membership shall be for overlapping terms of three years.
(a) No member of the Board of Zoning Appeals shall be the holder of any other public office in the city or county.
(b) The Zoning Administrator shall attend all meetings for the purpose of providing technical assistance when requested by the Zoning Board of Appeals.
(c) All members shall take the official oath in accordance with state law within ten days of receiving notice of appointment.
(d) Any member who has any interest in a matter before the Board shall declare the interest to the City Attorney and upon the advice of City Attorney shall not vote thereon nor participate in any meeting or hearing, or attend any executive session at which the matter is under consideration.
(2) The Board of Zoning Appeals shall have the following duties:
(a) To hear and decide appeals where it is alleged there is error in an order, requirement, decision or determination made by an administrative official in enforcement of the zoning sections of this code.
(b) To hear and decide appeals for variances from the requirements of the Folly Beach zoning code when strict application of the provisions of the code would result in unnecessary hardship.
(c) To permit uses by special exception subject to the terms and conditions set forth for such uses in Chapter 162.03-03 of the Folly Beach zoning code.
(d) To remand a matter to an administrative official, upon motion by a party or the board's own motion, if the board determines the record is insufficient for review. A party's motion for remand may be denied if the board determines that the record is sufficient for review. The board must set a rehearing on the remanded matter without further public notice for a time certain within sixty days unless otherwise agreed to by the parties. The board must maintain a list of persons who express an interest in being informed when the remanded matter is set for rehearing, and notice of the rehearing must be mailed to these persons prior to the rehearing.
(C) Meetings.
(1) The Board of Zoning Appeals shall meet when necessary to hear appeals, and requests for variances or special exceptions.
(2) All meetings of the Board of Zoning Appeals shall be transcribed verbatim.
(D) Contempt. In case of contempt by a party, witness, or other person before the board of appeals, the board may certify this fact to the circuit court of the county in which the contempt occurs and the judge of the court, in open court or in chambers, after hearing, may impose a penalty as authorized by law.
(E) Appeals.
(1) A person who may have a substantial interest in any decision of the board of appeals or an officer or agent of the appropriate governing authority may appeal from a decision of the board to the circuit court in and for the county, by filing with the clerk of the court a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within 30 days after the decision of the board is mailed.
(2) A property owner whose land is the subject of a decision of the board of appeals may appeal either:
(a) As provided in division (E)(1); or
(b) By filing a notice of appeal with the circuit court accompanied by a request for pre-litigation mediation in accordance with S. C. Code § 6-29-825. Any notice of appeal and request for pre-litigation mediation must be filed within thirty days after the decision of the board is postmarked.
(Ord. 25-17, passed 9-26-17)