A.

Designation. The Director of Public Safety shall designate the Building Official for the City who shall be the Building Official to whom reference is made throughout this Ordinance.

B.

Delegation. Where this Ordinance assigns a responsibility, power, or duty to the Building Official, the Building Official may delegate that responsibility, power, or duty to any other agent or employee of the City.

C.

Powers and Duties. The Building Official shall perform duties and possess powers as follows:

1.

Issue building permits (6.2.3) and certificates of occupancy (6.2.4); and

2.

Review telecommunication facility plans not requiring approval by the Board of Zoning Appeals (6.2.5).

D.

Appeal. Appeal from any administrative decision of the Building Official shall follow the procedures established in 6.2.20.

A.

Designation. The Planning Director shall designate a Zoning Official to whom reference is made throughout this Ordinance.

B.

Delegation. Where this Ordinance assigns a responsibility, power, or duty to the Zoning Official, the Zoning Official may delegate that responsibility, power, or duty to any other agent or employee of the City with the approval of the Planning Director.

C.

Powers and Duties. The Zoning Official shall perform the duties and possess powers as follows.

1.

Enforcement of the provisions of this Ordinance.

2.

Any other delegated by the Planning Director or otherwise expressly directed in this Ordinance.

D.

Appeal. Appeal from any administrative decision of the Zoning Official shall follow the procedures established in 6.2.20.

A.

Designation. The City Manager shall designate the Director of the Planning Department of the City, who shall be the Planning Director to whom reference is made throughout this Ordinance.

B.

Delegation. Where this Ordinance assigns a responsibility, power, or duty to the Planning Director, the Planning Director may delegate that responsibility, power, or duty to any other agent or employee of the City.

C.

Powers and Duties. The Planning Director shall perform the duties and possess the powers as follows.

1.

Make written administrative interpretations of this Ordinance (6.2.2).

2.

Review and take final action on sign permits (6.2.6), conditional use permits (6.2.7), and certificates of compliance (6.2.8).

3.

Review and take final action on site plans (6.2.9) and landscape plans (6.2.10).

4.

Review and make recommendations on street names (6.2.11), public project review (6.2.12), designation of Historic Districts or landmarks (6.2.13), rezoning (6.2.14), text amendments (6.2.15), and Planned Residential, Planned Commercial, and Planned Institutional developments (6.2.16).

5.

Review and make recommendations on special exceptions (6.2.18) and variances (6.2.19).

D.

Appeal. Appeal from any administrative decision of the Planning Director shall follow the procedures established in 6.2.20.

A.

Authority. The Planning Commission is hereby established, pursuant to the authority of Section 6-29-310, et seq., of the Code of Laws of South Carolina.

B.

Powers and Duties. The Planning Commission shall perform the duties and possess the powers as follows:

1.

Take final action on street names (6.2.11) and public project review (6.2.12); and

2.

Make recommendations to City Council on designation of Historic Districts or landmarks (6.2.13), rezoning (6.2.14), text amendments (6.2.15), and Planned Residential (6.2.16).

C.

Staff to Planning Commission. The Planning Commission shall work with the Planning Director to provide appropriate staff for the Commission.

D.

Appeal. Any party aggrieved by a final decision of the Planning Commission may appeal to the Court of Common Pleas of Aiken County within 30 days of written notification.

A.

Powers and Duties. City Council shall perform the duties and possess the powers as set forth in this Ordinance, including final action on designations to the Aiken Historic Register (6.2.13), rezoning (6.2.14), text amendments (6.2.15), and Planned Residential, Planned Commercial, and Planned Institutional developments (6.2.16).

B.

Appeal. Any party aggrieved by City Council's actions may appeal such action to the Court of Common Pleas of Aiken County within 30 days of written notification.

A.

Creation. The Board of Zoning Appeals is hereby established, pursuant to the authority of Section 6-29-780, et seq., of the Code of Laws of South Carolina.

B.

Membership, Terms and Compensation.

1.

Number, Appointment. The Board shall consist of seven members appointed by City Council and shall include, to the extent practicable, at least one attorney and one design professional (either a registered architect or a registered landscape architect). None of the members shall hold any other public office or position in the City or County. A Planning Commission member may be appointed to serve as a non-voting ex-officio member of the Board of Zoning Appeals.

2.

Terms. All members shall be appointed for three (3) year terms. All terms shall end on December 1 of the applicable year or until a replacement is appointed. (Ord. 02122001A)

3.

Current Members. Members of the Board of Zoning Appeals on the effective date of this Ordinance shall continue to serve until their respective terms expire.

4.

Vacancies. Vacancies shall be filled by City Council for the balance of the unexpired term.

5.

Removal. After written notice, City Council may remove a member for cause, which may include, but not be limited to, nonattendance at meetings.

6.

Compensation. City Council shall determine the compensation of members, if any.

C.

Officers, Meetings, Quorum.

1.

Officers. The Board shall elect one of its members Chair and another Vice-Chair, each of whom shall serve one-year terms beginning in January and ending the following December. The Board shall appoint a Secretary who may be an official or employee of the City and need not be a member of the Board.

2.

Meetings. The Board shall meet at the call of the Chair and at such regular times as the Board may determine. All meetings shall be held at a designated place and shall be open to the public.

3.

Quorum. A minimum of four members of the Board shall be required as a quorum in order for the Board to conduct business.

4.

Notice of Meetings. Public notice of all meetings of the Board of Zoning Appeals shall be provided in accordance with 6.1.4.

5.

Witnesses. The presiding officer may administer oaths and compel the attendance of witnesses by subpoena.

6.

Rules of Proceeding. The Board shall adopt rules for the conduct of business.

7.

Penalty for Contempt. In case of contempt by a party, witness, or other person before the Board of Appeals, the Board may certify this fact to the Court of Common Pleas of the County in which the contempt occurs and, after hearing, the judge may impose any penalty authorized by law.

8.

Minutes. 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 that fact. The Board shall keep records of its deliberations and other official actions, all of which must be filed in the office of the Planning Director and must be a public record.

D.

Territorial Jurisdiction.

1.

The Board of Zoning Appeals shall have jurisdiction over all lands within the City.

2.

City Council may expand the jurisdiction of the Board of Zoning Appeals by ordinance and/or intergovernmental agreement, in accordance with the provisions of Section 6-29-330 of the Code of Laws of South Carolina.

E.

Powers and Duties. The Board of Zoning Appeals has the following powers.

1.

To hear and decide appeals where it is alleged there is error in an order, requirement, decision, or determination made by an official in the administration or enforcement of this Ordinance (6.2.20).

2.

To take final action on requests for special exceptions (6.2.18) and variances (6.2.19).

F.

Staff. The Department of Planning shall serve as staff to the Board of Zoning Appeals.

G.

Order of Board on Appeal. In exercising the above-mentioned powers, the Board may, in conformity with the provisions of this Section, reverse or affirm wholly or partly or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made and, to that end, shall have all the powers of the official from whom the appeal is taken. Provided a quorum is present, the concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance or to affect any variation in this Ordinance.

H.

Appeal from Board of Zoning Appeals. A person who may have a substantial interest in any decision of the Board of Zoning Appeals, or an officer or agent of the City, may appeal from a decision of the Board to the Court of Common Pleas in and for the County by filing with the Clerk of the Court a petition in writing, setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within 30 days after the decision of the Board. The appeal shall proceed in accordance with Sections 6-29-820 through 6-29-850 of the Code of Laws of South Carolina.

A.

Creation. The Design Review Board of the City of Aiken, South Carolina, is hereby established.

B.

Number. The Board shall be composed of seven members.

C.

Appointment. The members of the Board shall be appointed by City Council which shall allow the public an adequate and reasonable opportunity to comment on all such appointments. Members of the Board shall be installed and assume their duties at the first regular meeting of the Board following their appointment.

D.

Qualifications. All members appointed to the Board must be residents of the City of Aiken and must have demonstrated their civic interest, and be available to attend meetings. City Council shall endeavor to appoint persons with diverse relevant qualifications. At least three members shall be persons who are knowledgeable in one or more of the following disciplines: archeology; historic preservation, architecture and construction; American, South Carolina and local history, urban planning and design; structural engineering; law; or real estate. To the extent that they are available, an historic preservationist and a licensed architect shall serve as members of the Board at all times.

E.

Terms of Office.

1.

The term of office of each member of the Board shall be two years.

2.

The term of office of each Board member shall commence January 1 and shall expire on December 31 of the final year of the term, or until a replacement is approved. The terms of each member of the Board shall expire on December 31 of the final year of the term, regardless of the date of appointment.

F.

Appointment to Fill a Vacancy. Any vacancy on the Board due to death, resignation, or any other cause shall be filled by appointment by City Council within 30 days of the occurrence of the vacancy. The person appointed to fill a vacancy shall serve the remainder of the unexpired term of the member being replaced.

G.

Meetings, Quorum, and Voting. The Board shall hold an annual meeting in January to elect officers and to conduct other pending business. The Board shall meet at least monthly to hear applications and conduct business under its jurisdiction, unless there are no pending requests to be considered. Special meetings may be called by the Chairman, a majority of the members of the Board, or upon request by City Council. A majority of the members of the full Board shall constitute a quorum for the conducting of business, and a majority vote of those members eligible to vote shall be necessary for approval of any action by the Board.

H.

Officers. The Board shall elect from its membership a Chairman and Vice-Chairman who shall serve for one year or until their successors are elected. A staff member of the City of Aiken's Planning Department shall serve as Secretary but shall not be a member of the Board.

I.

Compensation. Members shall serve without compensation except for reimbursement of authorized expenses related to the performance of their duties.

J.

Jurisdiction. The Board may exercise the powers granted it pursuant to this Chapter and Sections 6-29-870 through 6-29-940, Code of Laws of South Carolina, 1976, and successor provisions, within the corporate limits of the City of Aiken.

K.

Powers and Duties. The Design Review Board shall have the following powers.

1.

Adopt its own bylaws not inconsistent with this Chapter or applicable statutes of the State and appoint subcommittees as needed.

2.

Accept such gifts, grants, and money as may be appropriate for the purposes of this Chapter. Such money may be expended only for advancing the purposes of this Chapter and must be appropriated by City Council as part of the regular City budget.

3.

Recommend for designation, or removal of designation, subject to approval by City Council, Historic Districts and Historic Sites (Ord. 04142003A) and the expansion of existing Historic Districts or Historic Sites (Ord. 04142003A).

4.

Cooperate with and enlist the assistance of persons, organizations, corporations, foundations, and public agencies in matters involving historic preservation, renovation, rehabilitation, and adaptive usage and such outside expertise it deems necessary for assistance or advice on matters pending before it.

5.

Conduct meetings.

6.

Hold public hearings, investigate, review, place conditions on, and make decisions on:

a.

applications, plans, Certificates of Appropriateness, or other permits for alteration, construction, demolition, or relocation of structures within Historic Districts or which affect Historic Sites or Historic Districts; (Ord. 10282008A);

b.

recommendations on designations of Historic Districts and Historic Sites (Ord. 04142003A);

c.

applications, plans, Certificates of Appropriateness, or other permits for alteration, construction, demolition, or relocation of structures within Overlay Districts or which may affect Overlay Districts;

7.

Issue cease-and-desist orders restraining any violation of this Chapter or a Certificate of Appropriateness.

8.

Review and evaluate relevant surveys and studies of structures, sites, districts, and landmarks performed by any unit of government or private organization, and compile appropriate descriptions, facts, photographs, and summaries of such surveys.

9.

Provide for periodic updated surveys and research efforts to identify neighborhoods, areas, sites, structures, and objects that have historic, archeological, community, architectural, or aesthetic importance, interest, or value.

10.

Compile and maintain the Aiken Historic Register and maintain a local inventory of historic structures including whether each is a Landmark, Contributing, or Noncontributing. (Ord. 04142003A)

11.

Review and make recommendations to City Council and other City boards, commissions, and departments on projects involving historic properties or structures, projects in Historic Districts, or related matters not subject to the Certificate of Appropriateness requirements of this Chapter.

12.

Discharge all other powers and duties as set forth in this Chapter or necessarily implied therefrom.

(Ord. No. 02082016B , § 1, 2-8-2016)