Loading...
(A) Creation.
(1) Pursuant to S.C. Code Title, 6, Chapter 29, there is hereby created a Board of Zoning Appeals, to be composed of seven members appointed by the Mayor and Town Council.
(2) It is the declared policy of Town Council that it will consider and approve only those persons who:
(a) Are residents of the town and have been so for a period of at least one year prior to the appointment; and
(b) Have demonstrated their general knowledge of the community and concern for the welfare of the total community and its citizens.
(3) Members shall represent a broad cross- section of the interests and concerns within the town.
(B) Term of office.
(1) Town members of the Board of Zoning Appeals currently serve terms of four years, pursuant to their appointment to one of seven specifically numbered seats.
(2) As of March 12, 2002, the terms of office for the current members of these respective seats shall be as follows:
Seat Numbers | Expiration |
3 and 4 | January 1, 2004 |
5 and 6 | January 1, 2005 |
1 and 7 | January 1, 2006 |
(3) Thereafter, the terms as shown above shall expire, in respective four-year increments, on January 1 of the calendar year in which they fall.
(4) As provided herein, no Board member may serve more than two successive terms.
(5) The current designation given above shall constitute the first such full term of office for those now serving, regardless of its indicated expiration.
(6) Upon the expiration of any term, the then-serving member shall continue service until the Town Council appoints a successor.
(7) Upon the expiration of a term, the Council shall act promptly to make appointments as soon as may reasonably be accomplished.
(8) While serving on the Board, none of the members shall hold any other public office or position in the municipality or county.
(C) Vacancy and removal.
(1) A vacancy in the term of office shall occur whenever it is found that a member has resigned, is unable to serve for whatever reason, or is removed in accordance with the provisions of this section.
(2) Neglect of duty, no longer being a resident of the town, or misconduct in office shall constitute just cause.
(a) Each member is required to attend 75% of called meetings per year on a rolling-year basis which shall be measured on the first of every month for the preceding year. Each member shall be afforded one excused absence which shall not be counted towards the attendance requirement.
(b) Excused and unexcused absences are to be determined by the Chairperson or, in his or her absence, the acting Chairperson, and are to be stated on the record at each meeting.
1. EXCUSED ABSENCES are generally defined as medical or family emergencies, or unavoidable business/personal conflicts.
2. Each member is responsible for notifying the Chairperson or the appropriate staff at least two full working days prior to the meeting, if he or she will not be in attendance.
3. The member shall also state a reason for the anticipated absence.
4. Emergency situations that arise within this 48-hour period can be considered excused by the Chairperson.
(3) If removal for cause, except due to attendance, appears imminent, the Chairperson shall contact the member and ascertain whether removal should be considered by the Mayor and Town Council. The Chairperson shall then make a recommendation to Council, prior to Council action on the matter.
(4) If removal due to attendance is necessary, the Town Administrator shall remove the member from the Board prior to the next scheduled meeting and shall notify Town Council.
(5) Any vacancy in the membership shall be filled for the unexpired term, as soon as may reasonably be accomplished by the Mayor and Town Council, in the same manner as the original appointment.
(6) In determining eligibility for future service, appointments to a vacant term with 24 months or more in duration left under the four-year term of office shall constitute a full term of service.
(7) Appointments to a vacant term with less than 24 months in duration left under the four-year term of office shall be eligible for two subsequent, successive four-year terms of office.
(D) Chairperson; Secretary; rules of procedure.
(1) The Board shall organize itself electing, by secret ballot and majority vote a Chairperson and Vice-Chairperson from among its members.
(a) Said election shall be held at the first meeting in the creation year of the Board, and at the first meeting of each calendar year thereafter.
(b) The term of office of the Chairperson and Vice-Chairperson shall, in the creation year, be from the date of the vote until the end of that calendar year, and thereafter for a period of one year.
(c) If a vacancy occurs in an office prior to the expiration of the full term, another election to fill the remainder of the term of office shall be conducted at the first meeting thereafter.
(d) The election procedures stated herein shall be followed in filling an unexpired term of office.
(2) The Board shall appoint a Secretary, who may be an officer of the governing authority or of the Board of Zoning Appeals.
(3) The Board shall adopt rules of procedure at the first meeting in the creation year, and at the first meeting of each calendar year thereafter. Robert's Rules of Order shall govern the conduct of meetings, except as otherwise provided by the Board.
(E) Meetings and quorums.
(1) Four members of the Board shall constitute a quorum for conducting business.
(2) Meetings of the Board must be held at the call of the Chairperson and at such other times as the Board may determine.
(3) Public notice of all meetings of the Board of Zoning Appeals shall be provided by publication in a newspaper of general circulation in the town or county.
(4) In cases involving variances or special exceptions, conspicuous notice shall be posted on or adjacent to the property affected, with at least one such notice being visible from each public thoroughfare that abuts the property.
(5) The Chairperson or, in his or her absence, the Vice-Chairperson, may administer oaths and compel the attendance of witnesses by subpoena.
(6) All meetings of the Board shall be open to the public.
(7) Members of the Board shall:
(a) Regularly attend meetings; and
(b) Serve without compensation, except for reimbursement for authorized expenses attendant to the performance of their duties.
(8) 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 must be immediately filed in the office of the Board and must be a public record.
('81 Code, § 155.50) (Ord. passed 8-13-79; Am. Ord. passed 12-11-90; Am. Ord. passed 1-12-93; Am. Ord. 97065, passed 12-9-97; Am. Ord. 99012, passed 4-21-99; Am. Ord. 00039, passed 7-11-00; Am. Ord. 02010, passed 3-12-02; Am. Ord. 02024, passed 6-11-02; Am. Ord. 09053, passed 8-12-09; Am. Ord. 14047, passed 8-12-14; Am. Ord. 16055, passed 8-10-16; Am. Ord. 18035, passed 6-14-18)
(A) Powers. The Board of Zoning Appeals shall have all of the powers, duties and responsibilities as set forth in S.C. Code §§ 6-29-310 through 6-29-860, as amended, unless otherwise stated herein. Specifically, the Board has the following powers:
(1) 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 the enforcement of the zoning ordinance;
(2) To hear and decide appeals for variance from the requirements of the zoning ordinance when strict application of the provisions of the ordinance would result in unnecessary hardship.
(a) A variance may be granted in an individual case of unnecessary hardship, if the Board makes and explains, in writing, the following findings:
1. There are extraordinary and exceptional conditions pertaining to the particular piece of property;
2. These conditions do not generally apply to other property in the vicinity;
3. Because of these conditions, the application of the ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property; and
4. The authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the district will not be harmed by the granting of the variance.
(b) The Board may not grant a variance the effect of which would be to:
1. Allow the establishment of a use not otherwise permitted in a zoning district;
2. Extend physically a nonconforming use of land; or
3. Change the zoning district boundaries shown on the official zoning map.
(c) The fact that property may be utilized more profitably if a variance is granted may not be considered grounds for a variance.
(d) In granting a variance, the Board may attach to it such conditions regarding the location, character, or other features of the proposed building, structure, or use 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.
(3) To permit uses by special exception, subject to such uses being so designated in the use district regulations of this chapter, and to the following specific terms and conditions:
(a) Adequate provision is made for such items as setbacks, fences, and buffered or planting strips to protect adjacent properties from the possible adverse influence of the proposed use, such as noise, vibration, dust, glare, odor, traffic congestion, and similar factors.
(b) Vehicular traffic and pedestrian movement on adjacent roads shall not be hindered or endangered.
(c) Off-street parking and loading areas and the entrance and exits of these areas shall be adequate in terms of location, amount, design, and construction to serve the proposed use.
(d) The proposed use shall be compatible with existing uses to the extent that such use will not adversely affect the level of property values, general character or general welfare of the nearby area.
(e) In approving a special exception, the Board may attach to it such reasonable terms and conditions as it may consider necessary to accomplish the intent of this section and this entire zoning chapter.
(f) Requests by property owners or their authorized agent(s) for special exceptions may be taken to the Board. An application for same along with any applicable fee must be submitted to the Board pursuant to the terms stated on said application.
(4) 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) A party's motion for remand may be denied if the Board determines that the record is sufficient for review.
(b) 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.
(c) 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.
(5) Appeals to the Board may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality or county.
(a) The appeal must be taken within 30 days from the date the appealing party has received actual notice of the action from which the appeal is taken, by filing with the officer from whom the appeal is taken and with the Board of Zoning Appeals notice of appeal specifying the grounds for appeal.
(b) The officer from whom the appeal is taken immediately shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(B) Stays.
(1) 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 has been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life and property.
(2) In that case, proceedings may 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.
(C) Hearings
(1) The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give at least 15 days' public notice of it in a newspaper of general circulation in the community, as well as due notice to the parties in interest, and decide the same within a reasonable time.
(2) At the hearing, any party may appear in person or by agent or by attorney.
(D) Exercise of powers and duties.
(1) In exercising the above power, the Board of Zoning Appeals may:
(a) In conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirements, decision, determination, and to that end shall have all the powers of the officer from whom the appeal is taken; and
(b) Issue or direct the issuance of a permit.
(2) In the execution of the duties specified in this chapter, the Board may subpoena witnesses and, in case of contempt, may certify this fact to the circuit court having jurisdiction.
(E) Final decisions and orders.
(1) All final decisions and orders of the Board must be, in writing, and permanently filed in the office of the Board as a public record.
(2) 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 of interest by certified mail.
(F) Consideration for Planning Commission and Town Council procedures. As a matter of process and procedure, properties involving applications for variances and special exceptions, which also require separate review by the Planning Commission and/or separate Town Council approval, shall not be considered by the Board of Zoning Appeals until the referenced review and/or approval is completed.
('81 Code, § 155.51) (Ord. passed 8-13-79; Am. Ord. 99012, passed 4-21-99; Am. Ord. 01042, passed 8-14-01; Am. Ord. 02024, passed 6-11-02; Am. Ord. 14047, passed 8-12-14)
(A) Contempt; penalty.
(1) In case of contempt by a party, witness, or other person before the Board of Zoning Appeals, the Board may certify this fact to the Circuit Court of the county in which the contempt occurs.
(2) The judge of the court, in open court or in chambers, after hearing, may impose a penalty as authorized by law.
(B) Appeals.
(1) A person who may have a substantial interest in any decision of the Board of Zoning 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 Court a petition, in writing, setting forth plainly, fully, and distinctly why the decision is contrary to law.
(2) The appeal must be filed within 30 days after the decision of the Board is mailed.
(C) Notice of appeal; transcript, supersedeas.
(1) Upon the filing of the appeal, the Clerk of the Circuit Court shall give immediate notice of it to the Secretary of the Board and, within 30 days from the time of the notice, the Board shall file with the Clerk a certified copy of the proceedings held before the Board of Zoning Appeals, including a transcript of the evidence heard before it, if any, and the decision of the Board, including its findings of fact and conclusions.
(2) The filing of an appeal in the Circuit Court from a decision of the Board shall not ipso facto act as a supersedeas, but the judge of the Circuit Court may, at his or her discretion, grant a supersedeas upon such terms and conditions as may seem reasonable and proper.
(D) Determination of appeal; costs.
(1) At the next term of the Circuit Court or in chambers, upon ten days' notice to the parties, the presiding judge of the Circuit Court of the county shall proceed to hear and pass upon the appeal on the certified record of the Board proceedings.
(2) The findings of fact by the Board of Zoning Appeals shall be treated in the same manner as a finding of fact by a jury, and the court may not take additional evidence.
(3) In the event the judge determines that the certified record is insufficient for review, the matter may be remanded to the Board of Zoning Appeals for rehearing.
(4) In determining the questions presented by the appeal, the court shall determine only whether the decision of the Board is correct as a matter of law.
(5) In the event that the decision of the Board is reversed by the Circuit Court, the Board is charged with the costs, which must be paid by the governing authority that established the Board of Zoning Appeals.
(E) Appeals to Supreme Court. A party in interest who is aggrieved by the judgment rendered by the Circuit Court upon the appeal may appeal in the same manner as provided by law for appeals from other judgments of the Circuit Court in law cases.
(F) Financing. The governing authority may:
(1) Appropriate such monies, otherwise unappropriated, as it considers fit to finance the work of the Board of Zoning Appeals and to generally provide for the enforcement of any zoning regulations and restrictions authorized hereunder that are adopted; and
(2) Accept and expend grants of money for those purposes from either private or public sources, whether local, state or federal.
('81 Code, § 155.52) (Ord. passed 8-13-79; Am. Ord. 99012, passed 4-21-99; Am. Ord. 02024, passed 6-11-02; Am. Ord. 14047, passed 8-12-14)
(A) (1) For a period of 12 months, the Board shall not accept an appeal application for a matter upon which it has rendered a final decision, except as provided in their rules.
(2) After the lapse of the 12-month time frame and upon a majority vote ascertaining changed facts or circumstances, the Board may accept such an appeal application for consideration.
(B) In order to complete additional applications and receive the necessary permits for construction, variances and special exceptions shall be vested for a period of two years, subject to the rights and restrictions contained within § 156.049 (Vested Rights). Failure to receive the necessary permits within the prescribed timeframe shall render relief granted as a result of the appeal void and of no force or effect.
(C) (1) Unless specifically modified by the Board's approval, relief granted as the result of an appeal shall be in accordance with the specific plans submitted with the application.
(2) Minor changes to the approved plans that do not affect the relief granted may be allowed to meet subsequent approval requirements, if approval of same is granted by the Zoning Administrator.
(D) The burden of proof for the relief sought is upon the applicant.
(1) In this regard, a complete application of forms and information is required.
(2) Prior to consideration by the Board, incomplete applications will be returned to the applicant.
(E) Routine repairs and maintenance may be made to a structure constructed pursuant to relief granted by the Board as required to preserve it in sound condition. Any proposed changes to the structure shall be presented to the Board Secretary for determination whether a new application is required.
(Ord. 02001, passed 2-12-02; Am. Ord. 02024, passed 6-11-02; Am. Ord. 02068, passed 1-14-03; Am. Ord. 05035, passed 6-14-05; Am. Ord. 14047, passed 8-12-14)
DESIGN REVIEW BOARD
Loading...