(A) Duties of the Board in reference to special exceptions.
(1) To hear and decide only applications for special exceptions as the Zoning Board of Appeals is specifically authorized to passed upon by the terms of this chapter;
(2) To decide questions that are involved in determining whether special exceptions should be granted;
(3) To prescribe appropriate conditions and safeguards in conformity with this chapter;
(4) To deny special exceptions when not in harmony with the intent and purpose of this chapter.
(B) Procedures.
(1) A written application for a special exception shall be submitted indicating the section of this chapter which the special exception is being sought and stating the grounds on which it is requested.
(2) Notices of public hearing shall be posted on the property for which the special exception is sought and shall be published at least 15 days prior to the public hearing in a newspaper of general circulation in the Town of South Congaree.
(3) The public hearing shall be held. Any party may appear in person, or by agent or attorney.
(4) The Zoning Board of Appeals shall make a finding that it is empowered under the section of this chapter described in the application to grant the special exception, and that the granting of the special exception will not adversely effect the public interest.
(5) The regulation of this chapter setting forth specific standards to be met prior to the establishment of any special exception shall be binding upon the Zoning Board of Appeals and no variance to the requirement shall be granted.
(6) The Zoning Board of Appeals shall grant no special exception for the establishment of any use or structure which necessitates the concomitant granting of a variance.
(7) The Zoning Board of Appeals may prescribe a time limit within which the action for which the special exception is required shall be begun or completed or both.
(C) Effects of failure to meet conditions.
(1) Violation of conditions and safeguards prescribed in conformity with this chapter when made a part of the terms under which the special exception is granted shall be deemed a violation of this chapter, punishable under penalties established herein.
(2) Failure to begin or complete, or begin and complete, an action for which a special exception is required, within the time limit specified when the time limit is made a part of the terms under which the special exception is granted shall void the special exception.
(1985 Code, § 9-203) Penalty, see § 158.999