(a)

The planning and development director is hereby designated and duly charged with the authority to administer and enforce the provisions of this chapter, with the exception of the authority of the building official as specified in section 24-2.10, FHO, flood hazard overlay district.

(b)

The planning and development director shall accept and examine all applications for construction, land use or reuse, and shall issue permits where such applications are in accord with the provisions of this chapter and applicable building codes. He shall direct parties in conflict with this chapter, and cause to be kept records and files of any and all matters referred to him.

(c)

If the planning and development director finds that any of the provisions of this chapter is being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures, or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; and shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 14-12-18, § 1, 12-9-14)

The Aiken County Planning Commission is hereby reestablished under the provisions of the S.C. Code, § 6-29-320. Refer also to Article II of chapter 17 of the Code of Ordinances of Aiken County.

(Ord. No. 07-6-12, § 5, 6-5-07)

The planning commission shall have the powers and duties provided in S.C. Code § 6-29-310, et seq.

(Ord. No. 07-6-12, § 5, 6-5-07)

(a)

The planning commission shall consist of nine (9) members. They shall be residents of Aiken County and appointed by county council for staggered overlapping terms of four (4) years which coincide with the terms of the county council members who make each respective appointment.

(b)

To the extent possible, membership should be representative of the racial and gender composition of the county, and represent a broad cross-section of the interests and concerns of the county. No member shall be the holder of an elected public office in Aiken County.

(c)

Members shall serve until their successors are appointed and qualified. Members shall serve without pay but may be reimbursed for any eligible expenses incurred while representing the commission.

(Ord. No. 07-6-12, § 5, 6-5-07)

Members of the planning commission may be removed at any time by county council for cause. The existence of cause shall be discussed by the council in executive session as permitted by the Freedom of Information Act, S.C. Code, § 30-4-70(a)(1). The determination of removal shall be by vote of county council in public session, declaring a vacancy in the position without a statement of cause. Any fact which, in the discretion of council, is deemed to adversely affect the public interest, including lack of attendance at meetings, may constitute cause.

(Ord. No. 07-6-12, § 5, 6-5-07)

The planning commission shall organize, elect officers, and adopt rules of procedure as required by S.C. Code, § 6-29-360.

(Ord. No. 07-6-12, § 5, 6-5-07)

A board of appeals is hereby established. Said board shall consist of nine (9) members, who shall be residents of Aiken County and who shall be appointed by the county council for overlapping terms of four (4) years which coincide with the terms of the county council members who make each respective appointment. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the original appointment. Members shall serve without pay but may be reimbursed for any eligible expenses incurred while representing the board.

(Ord. No. 07-6-12, § 5, 6-5-07)

The board of appeals shall elect a chairman and a vice-chairman from its members who shall serve for one (1) year or until re-elected, and shall appoint a secretary who is the planning and development director of the county. The board shall adopt rules and by-laws in accordance with the provisions of this chapter and of the General Statutes of South Carolina, Title 6, Chapter 29, Article 5, Code of Laws of S.C., 1976 as amended. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. All meetings of the board shall be open to the public unless the board determines that any portion of a meeting should be in executive session as permitted by the Freedom of Information Act. S.C. Code § 30-4-70.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 08-4-17, § 1, 4-1-08; Ord. No. 14-12-18, § 1, 12-9-14)

The concurring vote of at least a majority of a quorum of the board of appeals shall be necessary to reverse any order, requirement, decision or determination of the planning and development director or the building official, or to decide in favor of the applicant on any matter upon which the board is required to pass under this chapter, or to effect any variation of this chapter. 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 immediately filed in the office of the board and shall be public record. On all appeals, applications and matters brought before the board of appeals, the board shall inform in writing all the parties involved in its decisions and reasons thereof.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 14-12-18, § 1, 12-9-14)

(1)

Appeals to the board may be taken by any person aggrieved or by an officer, department, board or bureau of the county. Such appeal shall be taken within thirty (30) days from the date that the appealing party has received actual notice of the action from which the appeal is taken, by filing with the planning and development director (or with the building official if the appeal relates to section 24-2.10) and with the board of appeals notice of said appeal specifying the grounds thereof. The planning and development director (or the building official, if the appeal relates to section 24-2.10) shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

(2)

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the planning and development director (or the building official if the appeal relates to section 24-2.10) 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 the opinion of the planning and development director or building official, 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.

(3)

Each applicant for an appeal or variance shall pay, at the time of making application, a required fee for the cost of advertising and mailing notices. In addition to any other application fee required, all costs to process and mail the additional written notices set forth in subsection 24-9.3.4(d) for a public hearing on a special exception application provided for in subsection 24-3.5.9(1) shall be borne by the applicant. County staff shall notify the applicant of the costs to provide the required notifications prior to mailing, and no notices shall be mailed until the applicant has paid for those costs in full.

(4)

The board shall hold a public hearing and shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice thereof, as well as due notice to the parties in interest, including all adjacent property owners, and decide the same within a reasonable time. Notice of the time and place of the public hearing shall be published in a newspaper of general circulation in the county at least fifteen (15) days in advance of the scheduled hearing date. At the hearing any party may appear in person or by agent or attorney. Notice also shall be posted on or adjacent to the affected property no less than fifteen (15) days before the hearing, with at least one (1) such notice being visible from each public thoroughfare that abuts the property.

Additional requirements for expanded notification of public hearing for special exception application for tower up to height of two hundred fifty (250) feet one (1) mile or less from existing RC zoning district. In addition to any other notice of public hearing required, the county staff shall also provide written notice of the hearing on a special exception application provided for in subsection 24-3.5.9(1) no less than ten (10) calendar days prior to the scheduled date of the public hearing to all landowners whose property is located within a seven hundred fifty-foot radius of the property line of the lot or parcel on which the new wireless telecommunications facility is proposed to be located or on which the proposed wireless telecommunication facility that increases the height of the structure to which it is to be attached is located.

(5)

If, in the judgment of the planning and development director or any county councilmember, the land with which the hearing is concerned is in such an isolated location that the sign erected on such land may not be readily noticed by the public, the planning and development director shall erect sufficient additional signs in highly visible and reasonable locations as to provide appropriate notice to the public.

(6)

It is the intention of this chapter that all questions arising in connection with the enforcement of the chapter shall be presented first to the planning and development director (or to the building official if the questions relate to section 24-2.10) and that questions shall be presented to the board of appeals only on appeal from the decision of the planning and development director or building official.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 10-09-17, § 1(Attach. 1), 9-21-10; Ord. No. 14-12-18, § 1, 12-9-14)

The board of appeals shall have the following powers and duties:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination by the planning and development director or building official in the enforcement of this chapter.

(2)

To permit uses by special exception subject to the terms and conditions set forth for such uses by this chapter. The board of zoning appeals may grant a special exception only if it finds adequate evidence that any proposed development will meet all of the following general requirements as well as any specific requirements and standards listed for the proposed use. The board of zoning appeals shall, among other things, require that any proposed use and location be:

(a)

In accordance with the comprehensive plan and is consistent with the spirit, purposes, and the intent and specific requirements of this chapter, to include the definition and intent of the district in which the special exception is being requested;

(b)

In the nest interests of the county, the convenience of the community and the public welfare;

(c)

Suitable for the property in question, and designed, constructed, operated, and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity;

(d)

Suitable in terms of effects on highway traffic, parking and safety with adequate access arrangements to protect streets from undue congestion and hazards.

In granting a special exception, 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 meet the terms and conditions, and to protect established property values in the surrounding area, or to promote the public health, safety, or general welfare.

(3)

To hear and decide appeals for variance from the zoning requirements of this chapter when strict application of the provision of the 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; and

b.

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

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.

(4)

When an application for a variance involves property located within a flood hazard area, the board, in addition to the above, shall consider the following in its deliberations:

a.

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

b.

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

c.

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

d.

The importance of the services provided by the proposed facility;

e.

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

f.

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

g.

The safety of access to the property in times of flood;

h.

The expected heights, velocity, duration, rate of rise, and sediment transport of flood waters; and

i.

The costs of providing governmental services 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.

(5)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

In addition to the four (4) findings described in section 24-9.3.5.2 above, the following conditions also shall apply to any flood-related variances considered by the board under the provisions of this section 24-9.3.5.3:

a.

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

b.

Variances shall only be issued upon (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, and will not create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

c.

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

d.

The building official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and to the State of South Carolina upon request.

(6)

All final decisions and orders of the board must be in writing and be permanently filed in the Aiken County Planning and Development Department as a public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the board which must be delivered to parties of interest by certified mail.

(7)

In exercising the above powers, the board of 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 planning and development director or building official from whom the appeal is taken and may issue or direct the issuance of a permit. The board, in execution of the duties for which appointed, may subpoena witnesses and in case of contempt may certify such fact to the circuit court having jurisdiction.

(8)

The board does not have the authority to grant a vested right and no such right shall accrue as a result of their decisions.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 08-04-17, § 1, 4-1-08; Ord. No. 08-04-17, § 1, 4-1-08; Ord. No. 14-12-18, § 1, 12-9-14; Ord. No. 25-06-16, § 1, 6-17-25)