(A) Any party in interest (applicant) may appeal a decision of an administrative official in the enforcement of Chapter 154: Land Development Code to the Planning Commission. The appeal must be filed within 30 days of the staff’s written decision, according to the rules of the Planning Commission. The Planning Director or designee will provide the “notice of appeal” application with instructions for filing and will transmit the application and all records pertaining to the appeal to the Planning Commission.
(B) An administrative appeal stays all legal proceedings in furtherance of the action appealed from, unless the Planning and Development Services Department certifies to the Planning Commission, after the administrative appeal has been filed, that by reason of facts stated in the application, a stay would, in the department's opinion, cause an imminent peril to life and property. In such cases, proceedings will not be stayed unless a restraining order is granted by a court of record.
(C) Except for state, county, and municipal governments, each applicant filing an administrative appeal will, upon submittal of the application to the Planning and Development Services Department, pay a fee for processing, as required by the county and the Planning Commission.
(D) Before an application can be accepted by the Planning and Development Services Department, the applicant must submit all required information, including but not limited to the following information:
(1) Original application (facsimiles and copies are not acceptable);
(2) Applicant's and property owner's signature must be on the application, or an original notarized statement authorizing an agent to request the administrative appeal on the property owner's behalf must be provided;
(3) Required fee; and
(4) Any supporting documentation, plats, or plans.
(E) The Planning Commission will hear an appeal within 30 days of the date it is filed, or at the next available hearing date if the application is filed after the submittal deadline date, and make a decision within 45 days of the hearing. At the hearing the applicant may appear in person, by agent, or by attorney.
(F) In cases involving appeal requests, the applicant, property owner, or parties to the appeal are entitled to notice and will be sent a letter via regular mail by county staff of the public hearing date at least 15 days prior to the public hearing. Posting of the property is not required.
(G) If the Planning Commission denies the applicant's appeal, the applicant may appeal the decision to the circuit court as provided in S.C. Code § 6-29-1150(D).
(Ord. 4115, passed 11-16-15)