The Zoning Board of Appeals shall have the following powers and duties.
(A) Administrative review. To hear and decide appeals when it is alleged that there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this chapter provided that the appeal must be taken within 30 days after the order, requirement, decision or determination which is alleged to be in error is made.
(B) Variances.
(1) (a) The Zoning Board of Appeals may authorize upon appeal in specific cases the variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship.
(b) A variance from the terms of this chapter shall not be granted by the Zoning Board of Appeals unless and until:
1. A written application for a variance is submitted demonstrating:
a. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;
b. The application of the chapter to this particular piece of property would create an unnecessary hardship;
c. The conditions are peculiar to the particular piece of property involved;
d. Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the chapter or the comprehensive plan, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited in a given district by this chapter; and
e. That granting the requested variance will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures, or buildings in the same district.
(2) No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or, buildings in other districts shall be considered grounds for the issuance of a variance.
(3) Notice of public hearing shall be posted on the property for which the variance is sought and shall be published at least 15 days prior to the public hearing in a newspaper of general circulation in the area in which the property is located.
(4) The hearing shall be held. Any party may appear in person, or by agent or by attorney.
(5) The Zoning Board of Appeals shall make findings that the requirements of division (B) above have been met by the applicant for a variance.
(6) The Zoning Board of Appeals shall further make finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.
(7) The Zoning Board of Appeals shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
(8) In granting any variance, the Zoning Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of these conditions and safeguards, when made part of the terms under which the variance is granted, shall be deemed a violation of the chapter and punishable under § 158.999.
(9) (a) With respect to uses of land, buildings, and other structures, this chapter is declared to be a definition of the public interest by the South Congaree Town Council and the spirit of this chapter will not be observed by any variance which permits a use not generally permitted in the district involved or any use expressly or by implication prohibited by the terms of this chapter in the district.
(b) Therefore, under no circumstances shall the Zoning Board of Appeals grant a variance to permit a use not generally permitted in the district involved, or any use expressly or by implication prohibited by the terms or this chapter in the district.
(C) Actions of the Board concerning appeals. In exercising the powers set forth in § 158.226, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make other requirements, decisions or determinations appealed from and may make other determinations as ought to be made, and to that end shall have the powers of the administrative official from whom the appeal is taken.
(D) Vote. The concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant in any matter upon which it is required to pass under §§ 158.240 through 158.246. Notice in writing of the decision of the Board shall be presented to the appellant, or postmarked, no later than the following day after the hearing. The notice shall be signed by the secretary of Chairperson and shall state explicitly the decision of the Board and any special terms of that decision.
(1985 Code, § 9-202) Penalty, see § 158.999