(A) Applicability; limitations. The Board of Zoning Appeals shall be authorized to approve zoning variances to any zoning-related dimensional, design, or performance standard set forth in this chapter, provided that the approval criteria of division (F) below are met and provided that such zoning variance does not have the effect of:
(1) Permitting a use, activity, business, or operation that is not otherwise allowed by the use regulations of the underlying zoning district;
(3) Increasing the density of a residential use above that permitted by the underlying district;
(4) Varying the sign regulations of this chapter;
(6) Varying or waiving any other standard of this chapter that is expressly stated as being ineligible for a zoning variance.
(B) Application filing.
(1) Applications for zoning variances shall be submitted to the Zoning Administrator on forms available in the Planning/Zoning Department.
(2) Zoning variance applications shall comply with § 153.040(E), Application completeness and submission deadlines, of this code.
(3) No application for a zoning variance shall be accepted as complete unless it includes the required fee and the following information:
(a) Completed zoning variance application signed by the current property owner(s);
(b) Applicant’s letter of intent explaining the requested zoning variance and how it meets the approval criteria of division (F) below;
(c) Site plan drawn to engineer’s scale showing the property dimensions, dimensions and locations of existing and proposed structures and improvements, parking areas, grand trees, wetlands (properties containing DHEC-OCRM critical line areas must contain an up to date DHEC-OCRM signature on the site plan or plat), holding basins, and buffers when applicable. One 24 by 36 copy and 15 reduced 11 by 17 copies shall be submitted;
(d) A copy of a legible approved and recorded plat;
(e) Restrictive covenants affidavit(s) signed by the applicant or current property owner(s) in compliance with state law; and
(f) Any other information that the Zoning Administrator determines is necessary to make an informed decision as to whether the application complies with the standards required by this section.
(4) All proposed zoning variances, except single-family residential development, shall satisfy the site plan review process. Applicants shall attend at least one site plan review meeting prior to submitting an application for a zoning variance.
(5) Separate applications and fees shall be filed for more than one variance request to each requirement of this chapter. If an applicant requests a variance for removal of more than one protected/ grand tree, each additional protected/grand tree shall require an additional fee.
(C) Public hearing notice. Newspaper, neighbor, parties in interest and posted notice of the Board of Zoning Appeals’ public hearing shall be provided in accordance with the requirements of § 153.040(G) of this code.
(D) Zoning Administrator review and report. The Zoning Administrator shall review each proposed zoning variance in light of the approval criteria of division (F) below and, if deemed necessary, distribute the application to other agencies and reviewers. Based on the results of those reviews, the Zoning Administrator shall provide a report on the proposed zoning variance to the Board of Zoning Appeals.
(E) Board of Zoning Appeals hearing and decision. The Board of Zoning Appeals shall hold at least one public hearing on the proposed zoning variance and, within a reasonable time after the close of the public hearing, act to approve, approve with conditions, or deny the proposed zoning variance based on the approval criteria of division (F) below. A quorum of the Board of Zoning Appeals shall be achieved when the number of members in attendance equals more than one-half of the total membership of the Board of Zoning Appeals. A simple majority of the members present and voting shall be required to approve a zoning variance.
(F) Approval criteria.
(1) The Board of Zoning Appeals has the authority to hear and decide appeals for a zoning variance when strict application of the provisions of this chapter would result in unnecessary hardship.
(2) A zoning variance may be granted in an individual case of unnecessary hardship if the Board of Zoning Appeals makes and explains in writing the following findings:
(a) There are extraordinary and exceptional conditions pertaining to the particular piece of property;
(b) These conditions do not generally apply to other property in the vicinity;
(c) Because of these conditions, the application of this chapter to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property;
(d) The authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the zoning district will not be harmed by the granting of the variance;
(e) The Board of Zoning Appeals shall not grant a variance the effect of which would be to allow the establishment of a use not otherwise permitted in a zoning district, to extend physically a nonconforming use of land, or to change the zoning district boundaries shown on the official zoning map;
(f) The need for the variance is not the result of the applicant’s own actions; and
(g) Granting of the variance does not substantially conflict with the Comprehensive Plan or the purposes of this chapter.
(3) In granting a variance, the Board of Zoning Appeals may attach to it such conditions regarding the location, character, or other features of the proposed building or structure as the Board may consider advisable to protect established property values in the surrounding area or to promote the public health, safety, or general welfare.
(G) Factors not to be considered. The fact that property may be utilized more profitably if a zoning variance is granted shall not be considered grounds for granting a zoning variance.
(H) Final decisions and orders. Final decisions and orders of the Board must be in writing and be filed in the Office of the Zoning Administrator as a public record. Final decisions shall be available for public inspection during regular office hours. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the Board which must be delivered to parties in interest by certified mail. As a courtesy notice, the orders of the Board may be sent via U.S. mail to neighborhood notice list.
(I) Notice of decision. The written final decision shall be mailed to all parties in interest by certified mail and published once in a newspaper of general circulation in the county.
(J) Appeals. Any person with a substantial interest in a decision of the Board of Zoning Appeals or any officer, board, or bureau of the town may appeal a final decision of the Board of Zoning Appeals to the Circuit Court. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 calendar days after the decision of the Board of Zoning Appeals is mailed.
(K) Lapse of approval. An approved zoning variance shall lapse and be of no further effect consistent with S.C. Code Title 6, Chapter 29, Art. 11, Vested Rights.
(Ord. 2012-06, § 3.10, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012)