A Zoning Board of Appeal is hereby established which shall consist of nine (9) members who are residents of the zoning area and appointed by the Town Council. Each member of Town Council shall appoint one person from his/her district., and one person shall be appointed from the town at-large. The term of office of the members of the Board shall be four (4) years; provided, however, that the initial Board of Appeal established under this Ordinance shall be appointed with terms as follows:

Two (2) to serve for one (1) year, two (2) to serve for two (2) years, and one (1) for three (3) years, and their successors shall serve for three (3) years or until their respective successors are appointed. Members may be removed for cause by the governing authority upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Members shall not hold any other public office in Lexington County.

13-1.1.

Proceedings of the Board of Appeal: The Board shall elect one (1) of its members chairman, who shall serve for one (1) year or until reelected or his successor is elected and qualified. The Board shall appoint a secretary who may be an officer of the governing authority or of the Planning Commission. The Board shall adopt rules in accordance with the provisions of any ordinance or resolution adopted pursuant to this Ordinance. Meetings of the Board shall be held at the call of the chairman and at such other 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 immediately filed in the office of the Board and shall be a public record.

13-1.2.

Hearings, Appeals and Notices:

(a)

Appeals to the Board of Appeal may be taken by any person aggrieved or by any officer, department, board or bureau of the Town or County affected by any decision of the Zoning Administrator. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the Zoning Administrator from whom the appeal is taken and with the Board of Appeal a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action is appealed was taken.

(b)

The Board of Appeal shall fix a reasonable time for hearing the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

13-1.3.

Stay of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Appeal after notice of appeal is filed with him, that by reasons of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeal or by a court of record on application, on notice to the administrative official from whom the appeal is taken and one (1) due cause shown.

(Ord. of 11-14-2005)

The Board of Appeal shall have the following powers and duties:

13-2.1.

Administrative Review: To hear and decide appeals when it is alleged that there is error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this Ordinance.

13-2.2.

Variances: The Board of Appeal may authorize upon appeal in specific cases such variances from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement to the provisions of this Ordinance would result in unnecessary hardship. A variance from the terms of this Ordinance shall not be granted by the Board of Appeal unless and until:

(a)

A written application for a variance is submitted demonstrating:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;

(2)

The application of the Ordinance to this particular piece of property would create an unnecessary hardship;

(3)

Such conditions are peculiar to the particular piece of property involved;

(4)

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the Ordinance or the comprehensive plan; provided, however, that no variance may be granted for a use of land or building or structure that is prohibited in a given district by this Ordinance;

(5)

That granting the requested variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district; and

(6)

No nonconforming use of neighboring lands, structures or buildings in the same district, and not permitted use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.

(b)

Notice of public hearing shall be posted on the property for which variance is sought and shall be published at least fifteen (15) days prior to the public hearing in a newspaper of general circulation in the Town of Batesburg-Leesville.

(c)

The hearing shall be held. Any party may appear in person, or by agent or by attorney.

(d)

Board Findings:

(1)

The Board of Appeal shall make findings that the requirements of Section 11-2.2a were met by the applicant for a variance.

(2)

The Board of Appeal shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

(3)

The Board of Appeal shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this Ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(e)

In granting any variance, the Board of Appeal may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards, when made part of the terms under which the variance is granted, shall be deemed a violation of the Ordinance and punishable.

(f)

With respect to uses of land, buildings and other structures, this Ordinance is declared to be a definition of the public interest by the Town Council and the spirit of this Ordinance will not be observed by any variance which permits a use not generally permitted in the district involved or any use expressly or by implication prohibited by the terms of this Ordinance in said district. Therefore, under no circumstances shall the Board of Appeal grant a variance to permit a use not generally permitted in the district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said district.

13-2.3.

Special Exceptions: The Board of Appeals can permit uses by special exception if the terms and conditions described in this Ordinance are met.

a.

Duties of the Board:

(1)

To hear and decide only such applications for special exceptions as the Board of Appeals is specifically authorized to pass upon by the terms of this Ordinance.

(2)

To decide such questions as are involved in determining whether special exceptions should be granted.

(3)

To prescribe appropriate conditions and safeguards in conformity with this Ordinance.

(4)

To deny special exceptions when not in harmony with the intent and purposes of this Ordinance.

b.

Procedures in Consideration of Special Exception Applications:

(1)

A written application for a special exception shall be submitted indicating the section of this Ordinance under which the special exception is sought and stating the grounds on which it is requested.

(2)

Notice of public hearing shall be posted on the property for which special exception is sought and shall be published at least 15 days prior to the public hearing in a newspaper of general circulation in the Town of Batesburg-Leesville. The Town shall notify in writing all registered owners of property within two hundred (200) feet of the property lines of the subject parcel.

(3)

The public hearing shall be held. Any party may appear in person, or by agent or attorney.

(4)

The Board of Appeals shall make a finding that it is empowered under the section of this Ordinance described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.

(5)

The regulations of this Ordinance setting forth specific standards to be met prior to the establishment of any special exception shall be binding upon the Board of Appeals and no variance to such requirements shall be granted.

(6)

The Board of Appeals shall grant no special exception for the establishment of any use or structure which necessitates the concomitant granting of a variance.

(7)

The Board of Appeals may prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both.

c.

Effect of Failure to Meet Conditions:

(1)

Violation of conditions and safeguards prescribed in conformity with this Ordinance, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this ordinance, punishable under penalties established herein.

(2)

Failure to begin or complete, or begin and complete, an action for which a special exception is required, within the time limit specified when such time limit is made a part of the terms under which the special exception is granted, shall void the special exception. Actions of Board Concerning Appeals: In exercising the powers set forth in Sections 11-2.1 and 11-2.2 above, the Board may, in conformity with the provisions of this Ordinance, 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 the powers of the administrative official from whom the appeal is taken.

(Ord. of 11-14-2005)

Any person or persons jointly or severally aggrieved by any decision of the Board of Appeal, or any taxpayer or any officer, department, board or bureau of the Town may present to the Circuit Court a petition, duly verified, setting forth that a decision of the Board of Appeal is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision.

(Ord. of 11-14-2005)

13-4.1.

It is the intent of this Ordinance that all questions of administration and enforcement shall first be presented to the Zoning Administrator, and that such questions shall be presented to the Board of Appeal only upon reference by, or appeal from, the Zoning Administrator, and that recourse from the decisions of the Board of Appeal shall be to the courts as provided by law.

13-4.2.

It is further the intent of this Ordinance that the function of the Town Council under this Ordinance shall not include hearing and deciding questions of interpretation and enforcement which may arise, but that the Town Council shall have only the responsibility for acting on proposals for amendment or repeal of this Ordinance, and for establishing a schedule of fees and charges.

(Ord. of 11-14-2005)