A board of zoning appeals is hereby created with the powers and duties set forth below. The land use board of appeals is hereby designated to also be the board of zoning appeals.

(Ord. No. 99-004, § 9:1, 7-20-1999; Ord. No. 2016-006, § 9:1, 4-19-2016)

The board shall be governed by the provisions applicable to the land use board of appeals as codified in section 38-74 [now section 24-56] of the Anderson County Code of Ordinances. Board members shall be compensated in an amount as approved from time to time by county council.

(Ord. No. 99-004, § 9:2, 7-20-1999; Ord. No. 2016-006, § 9:2, 4-19-2016; Ord. No. 2018-048, § 1, 12-4-2018)

The board of zoning appeals shall draw up and adopt bylaws governing the conduct of its affairs that are in keeping with the provisions of this chapter. The rules shall provide and require the following in addition to other rules and regulations the board shall adopt:

9:3.1.

Officials. At the first meeting after its establishment, the board shall elect one of its members as chairperson to serve for one year or until he is reelected or his successor is elected. The board of appeals shall appoint a secretary who shall not be required to be from among the members of the board. A vice-chairperson and other officers as are deemed necessary shall be elected from among the members. All such officers shall serve one-year terms and may succeed themselves. The chairperson, or in his absence the acting chairperson or vice-chairperson, may administer oaths and compel the attendance of witnesses and the production of papers, records, and other documents by subpoena.

9:3.2.

Meetings. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. Due notice shall be given to all parties in interest. All meetings of the board shall be open to the public and all evidence and testimony shall be presented publicly.

9:3.3.

Minutes of proceedings. The board shall keep minutes of its proceedings showing the vote of each member upon every question or his absence or failure to vote indicating such fact, and also keep records of its examinations, findings, determinations, and any other official action. No final action shall be taken unless a quorum is present.

(Ord. No. 99-004, §§ 9:3—9:3.3, 7-20-1999; Ord. No. 2016-006, § 9:3, 4-19-2016)

Appeals to the board of zoning appeals concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer, department, board, or bureau of the county. Such appeal shall be taken within such time as shall be prescribed by the board of zoning appeals by general rule, by filing with the officer from whom the appeal is taken, and with the board a notice of appeal specifying the grounds. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board, after 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 or property. In which 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. The board of zoning appeals shall fix a reasonable time for hearing the appeal, give due notice of the hearing to the parties concerned, and decide the same within a reasonable time. At the hearing, any party may appear in person or by designated agent or attorney. The board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and shall make such order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the officer from whom the appeal is taken.

(Ord. No. 99-004, § 9:4, 7-20-1999; Ord. No. 2016-006, § 9:4, 4-19-2016)

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

9:5.1.

Review. The board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning administrator in the enforcement of this chapter.

9:5.2.

Variances.

The board of zoning appeals may authorize upon written appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship or peculiar and exceptional practical difficulties.

Before action is taken on a request for a variance, the board shall hold one or more public hearings at which any party may appear in person, by agent, or by attorney. The planning and community development department will also refer the request to the appropriate zoning advisory group for review. The zoning advisory group shall provide a recommendation to the planning and community development department, which shall forward this recommendation to the board of zoning appeals.

Notice shall be given at least 15 days in advance of a board of zoning appeals public hearing. The owner of the property for which the variance is requested or his agent shall be notified by mail. Notice of hearings shall be made in a newspaper of general circulation, posted on the property for which a variance is requested, and posted at the Anderson County Square.

In addition, the zoning administrator shall send letters notifying current owners of record of all properties adjacent to and/or within 1,000 feet in any direction of the subject property and provide proof of such mailing.

A variance from the terms of this ordinance may be granted by the board upon a finding that:

1.

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

2.

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

3.

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

4.

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

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.

When an applicant requests a variance from the terms of this chapter, the zoning administrator shall provide the applicant or his designated representative with an adequate number of notice of public hearing signs to allow the applicant or his designated representative to properly post and maintain on the property a notice of public hearing at least ten days prior to the date of the board of zoning appeals hearing. Only such signs as provided by the zoning administrator shall be used and such signs shall be placed in a conspicuous place or places on the affected premises. Failure to comply with the posting requirements will result in removal of the application from the public hearing agenda and forfeiture of the application fee. All signs must be removed within 30 days after the public hearing.

In addition, the zoning administrator shall send letters notifying current owners of record of all properties adjacent to and/or within 1,000 feet in any direction of the subject property and provide proof of such mailing.

9:5.3.

Uses permitted by special exception. The board of zoning appeals may hear and decide upon uses permitted by special exception specifically authorized by the terms of this chapter. A use permitted by special exception shall not be authorized by the board unless and until:

A.

A written application is submitted.

B.

Notice shall be given at least 15 days in advance of a public hearing in a newspaper of general circulation.

C.

The request has been referred to the appropriate zoning advisory group for review. The zoning advisory group shall provide a recommendation to the planning and community development department, which shall forward this recommendation to the board of zoning appeals.

D.

A public hearing shall be held.

E.

The board shall make findings.

F.

The board shall make written findings certifying compliance with the regulations governing the special use.

When an applicant requests a use permitted by special exception, the zoning administrator shall provide the applicant or his designated representative with an adequate number of notice of public hearing signs to allow the applicant or his designated representative to properly post and maintain on the property a notice of public hearing at least ten days prior to the date of the board of zoning appeals hearing. Only such signs as are provided by the zoning administrator shall be used and such signs must be placed in a conspicuous place or places on the affected premises. Failure to comply with the posting requirements will result in the removal of the application from the public hearing agenda and the forfeiture of the application fee. All signs must be removed within 30 days after the public hearing.

In addition, the zoning administrator shall send letters notifying current owners of record of all properties adjacent to and/or within 1,000 feet in any direction of the subject property and provide proof of such mailing.

9:5.4.

Additional power.

In addition to the powers conferred upon the board of zoning appeals, the board shall have authority to interpret district boundaries where boundaries on the ground are at variance with those shown on the official zoning map.

In granting any variance, the board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards shall be a violation of this chapter and punishable under article 14.

(Ord. No. 99-004, §§ 9:5—9:5.4, 7-20-1999; Ord. No. 2016-006, § 9:5, 4-19-2016; Ord. No. 2019, § 2(b), (c), 8-20-2019)

The concurring vote of the majority of the members of the board of zoning appeals shall be necessary to reverse any order, requirement, decision, or determination of the zoning administrator charged with the enforcement of this chapter, to decide in favor of the applicant any matter upon which it is required to pass under this chapter, or to grant a variance from the provisions of this chapter. In all final decisions or orders, the board must specifically state that it is ordering, modifying or denying the particular matter presented to it for decision. Further, all findings of fact and conclusions of law shall be separately stated in final decisions or orders of the board.

(Ord. No. 99-004, § 9:6, 7-20-1999; Ord. No. 2016-006, § 9:6, 4-19-2016)

Every decision of the board of zoning appeals shall be subject to review by a court of record in the manner provided by the laws of the State of South Carolina and particularly by the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, S.C. Code title 6, chapter 29.

(Ord. No. 99-004, § 9:7, 7-20-1999; Ord. No. 2016-006, § 9:7, 4-19-2016)

An administrative fee of $200.00 plus required advertising cost shall be paid to the zoning administrator for each application for a variance, use permitted by special exception, appeal, or interpretation to the board of zoning appeals.

(Ord. No. 99-004, § 9:8, 7-20-1999; Ord. No. 2016-006, § 9:8, 4-19-2016)

It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the zoning administrator and such questions shall be presented to the board of zoning appeals only on appeal from the decision of the zoning administrator, and that recourse from the decision of the board of zoning appeals shall be to the circuit court and to the supreme court of the State of South Carolina as provided by the laws of the State of South Carolina and particularly by the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, S.C. Code title 6, chapter 29.

It is further the intent of this chapter that the duties of the county council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this chapter. Under this chapter, the county council shall have only the duty of considering and adopting or rejecting proposed amendments or the repeal of this chapter as provided by law.

(Ord. No. 99-004, § 9:9, 7-20-1999; Ord. No. 2016-006, § 9:9, 4-19-2016)