(A) Generally.
(1) A Zoning Board of Appeals is hereby established which shall consist of five (5) members who are residents of South Congaree, appointed by the South Congaree Town Council.
(2) The term of office of the members of the Board shall be three (3) years, provided the initial Zoning Board of Appeals established under this chapter shall be appointed with the terms as follows:
(a) Two (2) to serve for one (1) year;
(b) Two (2) to serve for two (2) years; and
(c) One (1) for three (3) years.
(3) Their successors shall serve for three (3) years or until their respective successors are appointed.
(4) (a) Members may be removed for cause by the Town Council upon written charges and after a public hearing.
(b) Vacancies shall be filled by the Town Council for the unexpired term of any member whose term becomes vacant.
(c) Members shall not hold any other public office in South Congaree.
(B) Proceedings of the Zoning Board of Appeals.
(1) The Board shall elect one (1) of its members Chairperson and one (1) Vice chairperson who shall serve for one (1) year or until he or she is re-elected or his or her successor is elected and qualified.
(2) The Board shall appoint a secretary who may be an officer of the governing authority or of the Planning Commission.
(3) The Board shall adopt rules in accordance with the provisions of any chapter or resolution adopted pursuant to this chapter.
(4) Meetings of the Board shall be held at the call of the Chairperson and at other times as the Board may determine. The Chairperson, or in his or her absence, the Vice-chairperson, may administer oaths and compel the attendance of witnesses by subpoena.
(5) 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 shall be immediately filed in the office of the Board and shall be a public record.
(C) Hearings, appeals, and notices.
(1) Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the town affected by a decision of the Zoning Administrator.
The appeal shall be taken within 30 days, as provided by the rules of the Board, by filing with the Zoning Administrator from whom the appeal is taken and with the Zoning Board of Appeals a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(2) (a) The Zoning Board of Appeals shall fix a reasonable time for hearing the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time.
(b) At the hearing, any party may appear in person or by agent or attorney.
(D) Stay of proceedings.
(1) An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Zoning Board of Appeals after notice of appeal is 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 or property.
(2) In this case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.
(1985 Code, § 9-201)