(A) County Council. The County Council shall have the following duties related to this chapter:
(1) To review and from time to time initiate changes to this chapter.
(2) To decide upon any application or request for amendment to this chapter or the official zoning maps.
(3) To take any other action not otherwise delegated to staff, the Joint Planning Commission or the Board of Zoning Appeals as the County Council may deem desirable and necessary to implement the provisions of this chapter.
(1) To review and from time to time initiate changes to this chapter.
(2) To review and make recommendations on applications for changes to this chapter or the zoning maps.
(C) Board of Zoning Appeals.
(1) Board established. A Board of Zoning Appeals is hereby established which shall consist of 7 members appointed by County Council. Members shall serve a 4-year staggered term to coincide with the terms of the council member making the appointment. A vacancy shall be filled for the unexpired term in the same manner as the original appointment. Members of the Board may be removed by Council for cause.
(2) Elections and appointments. The Board shall elect or re-elect 1 of its members as Chairperson for a term of 1 year. The Board may elect other officers as provided by its rules of procedure. The Board shall appoint a Secretary who may be an officer of the county approved by the County Administrator.
(3) Rules of procedure. The Board shall adopt rules of procedure and bylaws for the conduct of its meetings and hearings in accordance with S.C. Code § 6-29-790.
(4) Quorum. A quorum shall be required to take any official action. A majority of the Board members shall constitute a quorum.
(5) Meetings. Meetings of the Board shall be held at the call of the Chairperson or at such times as the Board may determine. Public notice of all hearings shall be published in a newspaper of general circulation in the county. Furthermore, notices for meetings involving variances or special exceptions as well as appeals from a determination of the Zoning Administrator that have a site specific effect on a particular piece of property, shall be posted on or adjacent to property affected with at least 1 notice visible from each public street abutting the property, and shall be sent by first class mail to all adjacent property owners and the applicant. The Chairperson may administer oaths and compel attendance of witnesses by subpoena. The Board shall keep minutes of its proceedings, showing the vote of each member of each question, or if absent or failing to vote by reason of conflict, and shall keep records of its examinations and other official actions filed in the Office of the Secretary of the Board as public records.
(6) Powers and duties. The Board of Zoning Appeals has the following powers and duties.
(a) Appeal from Zoning Administrator. Any person aggrieved by any order, requirement, decision, or determination made by the Zoning Administrator pertaining to this chapter may appeal that decision to the Board of Zoning Appeals. Such an appeal must be made in writing on a form provided by the Zoning Administrator within 15 days after actual notice of the order, requirement, decision, or determination. 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 notice of appeal shall have been filed with him, that by reason of facts stated in the appeal a stay would, in his opinion, cause imminent peril to life or property. The Board may affirm or reverse, wholly or in part, or may modify the decision by a written order separately stating findings of fact and conclusions of law.
(b) Variances. The Board may grant variances from the terms of this chapter according to the standards and procedures prescribed in § 153.052 Variances.
(c) Special exceptions. The Board may permit uses by special exception subject to the terms and conditions set forth for such uses by this chapter.
(7) Decisions of the Board of Zoning Appeals.
(a) In exercising the above powers, the concurring vote of the majority of the members present shall be required to reverse or affirm, wholly or in part, or modify any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, and to that end, shall have the powers of the officer from whom the appeal is taken and may direct the issuance of a permit. The Board, in the execution of the duties for which appointed, may subpoena witnesses and, in case of contempt, may certify such fact to the circuit court having jurisdiction.
(b) All final decisions and orders of the Board must be in writing and be permanently filed in the Newberry County Planning and Zoning Department as public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the Board, and must be delivered to the parties of interest by certified mail or in person with verification of receipt.
(8) Appeals from a Decision of the Board of Zoning Appeals. A person who may have a substantial interest in any decision of the Board of Zoning Appeals, or an officer or agent of the county authorized by County Council, may appeal to circuit court in and for Newberry 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. The appeal must be filed with the Clerk of Court and Secretary of the Board within 30 days after the decision of the Board is mailed. Within 30 days after receipt of the notice of filing a petition, the Zoning Administrator or Secretary of the Board, with assistance of the County Attorney, shall file with the Clerk of Court a certified copy of the Board proceedings, including a transcript of evidence and findings and conclusions of the Board. Alternatively, a property owner whose land is the subject of a decision of the Board of Zoning Appeals may appeal 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 through 6-29-850.
(Ord. 06-11-16, passed 9-21-2016)
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