§ 26-33. Appeal and variance procedures.

(a)

The Charleston County Construction Board of Adjustment and Appeals as established by county council shall hear and decide appeals and requests for variance meeting the following provisions from the requirements of this chapter:

(1)

Decisions on which a variance or appeal is requested shall be those made by the building official or his designee.

(2)

Requests for a hearing for a variance or appeal of a decision shall be in writing, and shall be received in the office of the building official within 30 calendar days of notice to the appellant of the decision.

(3)

The appellant shall be the owner of the property affected by the decision or his or her duly authorized representative.

(b)

This board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the building or the planning and zoning official in the enforcement or administration of this chapter.

(c)

Any person aggrieved by the decision of this board or any taxpayer may appeal such decision, as provided in S.C. Code 1976, § 4-9-30.

(d)

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum to preserve the historic character and design of the structure.

(e)

Variances may be issued for a new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that requirements of this article are met and the structure of other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(f)

Variances may be issued to wet floodproof an expansion to an existing farm structure in accordance with Technical Bulletin 7-93, "Wet Floodproofing Requirements for Structures Located in Special Flood Hazard Areas" in accordance with the National Flood Insurance Program available from the Federal Emergency Management Agency. The structure must meet all of the conditions and considerations for variances otherwise established within this chapter. In addition, the following standards shall apply:

(1)

Use of the structure must be limited to agricultural purposes such as pole frame buildings with open or closed sides used exclusively for the storage of farm machinery and equipment; steel grain bins and steel frame corn cribs; and general purpose barns for temporary feeding of livestock;

(2)

The expansion to an existing farm structure must be built or rebuilt, in the case of an existing building which is substantially damaged, with flood-resistant materials for building elements below the base flood elevation;

(3)

The expansion to an existing farm structure must be adequately anchored to prevent flotation, collapse or lateral movement. All of the structure's components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, hydrodynamic and debris impact forces;

(4)

The expansion to an existing farm structure shall meet the requirements for hydrostatic venting requirements of section 26-41 of this chapter;

(5)

Electrical, mechanical or other utility equipment must be located at or above one foot above the base flood elevation, or must be maintained in a floodproofed enclosure complying with section 26-41 of this chapter which is capable of resisting damage during flood conditions;

(6)

The expansion to an existing farm structure must comply with floodway encroachment provisions of section 26-41 of this chapter;

(7)

Major equipment or machinery must be protected from damage by flooding, which may include safely removing the contents of an expansion to an existing farm structure to a specified site out of the floodplain upon notification of potential flooding event.

(g)

In passing upon such applications, this board shall consider all staff reports and technical evaluations, all relevant factors and all standards specified in other sections of this chapter, and:

(1)

The danger that materials may be swept onto other lands to the injury of others;

(2)

The danger to life and property due to flooding or erosion damage;

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)

The importance of the services provided by the proposed facility to the community;

(5)

The necessity of the facility to a waterfront location, in the case of a functionally dependent usage;

(6)

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(7)

The conformance of the proposed use to the Charleston County Comprehensive Plan and the Charleston County Zoning and Land Development Regulations;

(8)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(9)

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site during a base flood event; and

(10)

The costs of providing governmental services to the site during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems, and streets and bridges.

(h)

The board may attach such reasonable conditions to the granting of variances as it deems necessary to further the purpose of this chapter.

(i)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result, nor shall a variance be based on financial hardship alone; nor solely due to existing or as-built elevation deficiencies that will cause extreme hardship.

(j)

Conditions for variances:

(1)

Variances shall be issued only on a determination that the variance is the minimum necessary needed to afford relief considering the flood hazard; and in the instance of an historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building;

(2)

Variances shall be issued only upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship; and

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, creation of a nuisance, fraud on, or victimization of the public, or conflict with other existing laws or ordinances.

(3)

Any applicant to whom a variance is granted shall be given written notice specifying the differences between the base flood elevation and the elevation of which the building is to be built and a statement that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation; and

(4)

The building official shall maintain the records of all appeal actions and report any variances granted to the Federal Emergency Management Agency upon request;

(5)

Variances may not be issued when the variance will make the structure in violation of other federal, state or local laws, regulations or ordinances.

(Ord. No. 2009-10-04, 9-28-2009)