§ 58-30. Board of zoning appeals.

(a)

Establishment. The board of zoning appeals is created in order to hear appeals to the provisions of this chapter.

(b)

Membership. The board of zoning appeals shall consist of five members to be appointed by majority vote of the town council. The terms of office of the members shall be for four years. Any vacancy in membership shall be filled for the unexpired term by appointment, by the town council. The town council shall also have the authority to remove any member for cause. All members shall be paid $50.00 each month for their service regardless of the number of meetings that are held by the board each month. All members may be reimbursed for actual expenses incurred in connection with their official duties. No member of the board may hold any elected public office in the town or the county. Members must be residents of the town.

(c)

Organization, meetings, rules, staff and finance. The board of zoning appeals shall elect a chairman from among its members. The term of the chairman shall be one year with eligibility for reelection. It shall appoint a secretary who may be an officer or an employee of the town council or of the planning commission. The board shall adopt rules for the transaction of business and shall keep a record of its recommendations, transactions, findings and determinations; and shall meet at the call of the chairman and at such times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. 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 such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record. Public notice of all meetings of the board of zoning appeals shall be provided by publication in a newspaper of general circulation in the area. In cases involving variances or special exceptions, conspicuous notice shall be posted on or adjacent to the property affected, with at least one such notice being visible from each public thoroughfare that abuts the property.

(d)

Duties and powers. The board of zoning appeals shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter.

(2)

To hear and decide appeals for variance from the requirements of this chapter when strict application of the provisions of this chapter would result in unnecessary hardship. A variance may be granted in an individual case of unnecessary hardship if the board makes and explains in writing the following findings:

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property;

b.

These conditions do not generally apply to other property in the vicinity;

c.

Because of these conditions, the application of this chapter to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property; and

d.

The authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the district will not be harmed by the granting of the variance.

The board may not grant a variance the effect of which would be to allow the establishment of a use not otherwise permitted in a zoning district, to extend physically a nonconforming use of land, or to change the zoning district boundaries shown on the official zoning map. The fact that property may be utilized more profitably, should a variance be granted, may not be considered grounds for a variance. In granting a variance, the board may attach to it such conditions regarding the location, character, or other features of the proposed building, structure, or use as the board may consider advisable to protect established property values in the surrounding area, or to promote the public health, safety or general welfare.

(3)

To permit uses by special exception subject the terms and conditions for the uses set forth for such uses in the zoning chapter.

In exercising the powers set forth in subsections (d)(1)—(3) of this section, the board of zoning appeals may, in conformity with the provisions of this chapter, reverse or affirm wholly or in part, or may modify the order, requirements, decision or determination, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. The board, in the execution of the duties for which appointed may subpoena witnesses and in case of contempt may certify such fact to the circuit having jurisdiction.

(e)

Procedures.

(1)

Appeals to the board may be taken by any person aggrieved, or by any officer, department, board or bureau of the town. Such appeal shall be taken within 30 days from the date the appealing party has received actual notice of the action from which the appeal is taken, by filing with the officer from whom the appeal is taken and with the board of zoning appeals a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

(2)

At the hearing, any party may appear in person or by an agent or by attorney.

(3)

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

(4)

The board shall hear the appeal or other matter referred to within 30 days from the filing of the appeal. The board shall give at least 15 days, public notice of it in a local newspaper of general circulation as well as due notice to the parties in interest and decide the same within a reasonable time. Additionally, all property owners within a 300-foot radius of the property affected by the appeal, as identified from current published real estate ownership records, shall be notified by letter. Such letters to be sent no later than the date of the published advertisement.

(5)

All final decisions and orders of the board shall be in writing and be permanently filed in the office of the board as a proper record. All findings of fact and conclusions of law shall be separately stated in final decisions or orders of the board which must be delivered to parties of interest by certified mail.

(Code 1998, § 5-5-17; Ord. No. 2007-68, 2-26-2007; Ord. No. 2009-10-12, 3-22-2010)

State law reference

Board of zoning appeals, powers, S.C. Code 1976, § 6-29-780 et seq.