(A) Organization.
(1) Rules. The rules of procedures are adopted pursuant to S.C. Code § 6-29-790.
(2) Officers. The officers of the ZBA shall be a Chairperson and a Vice-Chairperson elected for a one year term before the end of each calendar year. The ZBA shall appoint a member of the staff of the City as Secretary (non-voting member) of the ZBA.
(3) Chairperson. The Chairperson shall be a voting member of the ZBA and shall have the following duties:
(a) Call meetings of the ZBA;
(b) Preside at meetings and hearings, and swear in witnesses;
(c) Act as spokesperson for the ZBA;
(d) Sign documents for the ZBA;
(e) Have orders of the ZBA served on parties, and in case of contempt may certify the fact to the Circuit Court having jurisdiction; and
(f) Perform other duties approved by the ZBA.
(4) Vice-Chairperson. The Vice-Chairperson shall exercise the duties of the Chairperson in the absence, disability or disqualification of the Chairperson. In the absence of the Chairperson and Vice-Chairperson, the acting Chairperson shall be elected by the members present.
(5) Secretary. The duties of the Secretary shall be as follows:
(a) Provide and publish notice of appeals and meetings;
(b) Assist the Chairperson in preparation of agenda;
(c) Keep recordings and minutes of meetings and hearings showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact;
(d) See that property involved in appeals and variances or special exceptions is properly posted;
(e) Keep records of ZBA examinations and other official actions;
(f) Maintain ZBA records as public records;
(g) Serve ZBA decisions on parties;
(h) Attend to ZBA correspondences; and
(i) Perform other duties normally carried out by a Secretary.
(B) Meetings.
(1) Time and place. All scheduled meetings shall be open to the public, and conducted in accordance with state law. Parties in interest may appear personally or by agent. ZBA meetings shall be held at the Marguerite Brown Municipal Center, 519 North Goose Creek Boulevard, unless otherwise announced. Special meetings may be held on the call of the Chairperson upon 24 hours notice, at the other times as the ZBA may determine, posted and delivered to all members and the local news media, and designate the time and place of its meetings.
(2) Agenda. A written agenda shall be furnished by the Secretary to each member of the ZBA and to the news media, and shall be posted at least five days prior to each meeting and at least 24 hours prior to a special meeting. Items may be removed from the agenda or postponed at a meeting by a majority vote.
(3) Quorum and compensation. A majority of the members, four, of the ZBA shall constitute a quorum. A quorum shall be present before any business is conducted other than rescheduling the meeting. The members shall regularly attend meetings and public hearings of the ZBA and shall serve without compensation, except for reimbursement for authorized expenses attendant to the performance of their duties.
(4) Rules of order. Robert's Rules of Order shall govern the conduct of meetings except as otherwise provided by these rules of procedures.
(5) Conflict of interests. Any member of the ZBA who shall have a direct or indirect interest in any property which is the subject matter of or affected by a decision of the ZBA shall be disqualified from participating in the discussion, decision or proceedings of the ZBA in connection therewith.
(6) Motions. Motions may be made by any member other than the presiding official. A motion to approve any matter before the ZBA shall require a majority vote of the members present. Tie votes shall constitute a failure of the motion.
(C) Appeals procedures.
(1) Interpretation request. A request for interpretation of regulations, an appeal for variance from development controls or a request for conditional use approval may be taken by an aggrieved person or by an officer, department or board and commission of the city affected by a decision of the Zoning Administrator.
(2) Form of appeal. Appeals from administrative decisions, applications for variances and applications for conditional uses shall be filed with the Secretary. The ZBA may require additional information deemed necessary. The failure to submit adequate information may be grounds for dismissal. An applicant filed by an agent shall be accompanied by written designation of the agent signed by the applicant or party in interest. A non-refundable filing fee as set forth by City Council and registered with the City Clerk shall accompany an appeal. An incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the ZBA, and shall not be reviewed or scheduled for hearings until brought to completion.
(3) Time for appeal. An appeal from an administrative decision shall be filed within 15 days after actual notice of the decision by delivery of the approved appeal form to the Secretary of the ZBA, who shall notify the official appealed form. The ZBA shall maintain for review all papers constituting the record upon which the action appeal form was taken.
(4) Calendar. Appeals and applications shall be marked with the date of receipt and placed on the hearing calendar in the order in which received. Appeals shall be heard in the order on the calendar unless otherwise set by the ZBA for good cause shown.
(5) Withdrawal of appeal. An appeal or application may be withdrawn by written notice delivered to the Secretary prior to action by the ZBA, but no appeal shall be withdrawn after posting of hearing notice and prior to ZBA action thereon without formal consent of the ZBA. An appeal from an administrative decision which is withdrawn may not be re-filed after the 15 day time for appeal has expired. Withdrawn applications for variances and conditional uses may be re-filed after six months, and shall be placed on the calendar according to the date re-filed.
(6) Continuances. The hearing of an appeal or application may be continued one time by the ZBA for good causes shown.
(7) Public hearing on appeals, conditional uses and proposed amendment. Notice of public hearing shall be given in a newspaper of general circulation not less than 15 days before the hearing is held, with the required sign conspicuously posted on or adjacent to the property affected, with at least one sign being visible from each public thoroughfare that abuts the property, as well as, due notice to the parties in interest. The notice shall contain a description of each matter to be heard, and property affected. (See § 151.047(D).)
(8) Stay of proceedings. An appeal shall stay all proceedings of the action appealed from unless the ZBA concurs by reason of facts that a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order which may be granted by the ZBA or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.
(9) Exercise of power. In exercising the powers of the ZBA, the ZBA may, in conformity with the provisions of this chapter, reverse or affirm, wholly, or in part, or may modify the order, requirement, 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 ZBA, in the execution of the duties for which appointed, may subpoena witnesses, and in case of contempt, may certify the fact to the circuit court having jurisdiction.
(D) Hearing procedure.
(1) General. The ZBA shall fix a reasonable time for the hearing of an appeal or an approval, give public notice thereof, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney. The ZBA may postpone or proceed to dispose of a matter on the records before it in the absence of an appearance on behalf of the applicant. Evidence supporting the grant or denial of an appeal shall be submitted only to the ZBA in a public meeting.
(2) Witnesses. Parties in interest may present testimony under oath. Witnesses may be compelled to attend by subpoena requested at least ten days prior to a hearing and signed by the Chairperson. The ZBA may call its own witnesses when deemed appropriate.
(3) Cross-examination. No party shall have the right to cross-examine witnesses; however, the opportunity to examine opposing witnesses may be freely extended when conducted in an orderly manner. Intimidation of witnesses shall not be allowed.
(4) Evidence. Relevant documents, photographs, maps, drawings and the like, shall be received in the record without authentication in the form of legible copies. Relevant testimony which is not cumulative or hearsay shall be received. The Chairperson shall rule on all evidentiary matters. Evidence shall be placed in the record with an objection noted.
(5) Conduct of hearing. The normal order of hearing, subject to modification by the Chairperson, shall be:
(a) Statement of matter to be heard (Chairperson or Secretary);
(b) Presentation by applicant (five minute limit);
(c) Presentation by official appealed (five minute limit);
(d) Presentation by opponents (five minute limit);
(e) Rebuttal by applicant (three minute limit);
(f) Unsworn public comment when appropriate;
(g) The ZBA may question participants at any point in the hearing; and
(h) Matters in which additional time is granted may be moved to the end of the agenda.
(6) Disqualification.
(a) A member shall disqualify himself or herself from voting whenever he or she has a personal or monetary interest in the property under appeal, or will be directly affected by the decision of the ZBA.
(b) A member shall also disqualify himself or herself from voting whenever any applicant, or his or her agent, has sought to influence the member's vote on the appeal, other than in the public hearing.
(7) Disposition. The ZBA may deliberate and make final disposition of a matter by majority vote of members present at the hearing and qualified to vote; provided that not less than a quorum are qualified to vote. The vote may be taken at the same or a subsequent meeting. A member may not vote on a matter which the member has not heard. Deliberations shall be conducted and voting shall be in public. In case of a tie vote, the application is considered denied.
(8) Form of order. An order shall be issued disposing of a matter by granting or denying relief with the conditions as may be deemed necessary, or affirming, modifying or reversing an administrative decision. A matter may be dismissed for lack of jurisdiction or prosecution. Findings of fact and conclusions of law shall be separately stated in an order.
(9) Service or order. The Secretary shall deliver a copy of an order to each party in interest by certified mail immediately upon execution of the order by the Chairperson.
(10) Rehearing. The ZBA may grant a rehearing of an application which has been dismissed or denied upon written request filed with the Secretary within 15 days after delivery of the order accompanied by new evidence, which could not reasonably have been presented at the hearing, or evidence of a clerical error or mutual mistake of fact affecting the outcome.
(E) Records.
(1) Minutes. The Secretary shall record all minutes and hearings of the ZBA on tape which shall be preserved until final action is taken on all matters presented. The Secretary shall prepare minutes of each meeting for approval by the ZBA at the next regular meeting. Minutes shall be maintained as public records.
(2) Orders and documents. The Secretary shall assist in the preparation and service of all orders of the ZBA in appropriate form. Copies of all notices, correspondences, documentary evidences, orders and forms shall be maintained as public records.
(F) Amendment. These rules may be amended at any regular meeting of the ZBA, by majority vote of the members of the ZBA present, at least seven days after the written amendment is delivered to all members and submitted as recommendation to the Council for approval. (See division (C)(7) above.)
(1985 Code, Art. IX, § 904) (Ord. 99-006, passed 4-13-1999; Ord. 13-008, passed 9-10-2013; Ord. 2021-017, passed 7-13-2021)