A board of zoning appeals is hereby established. The board shall be composed of eight members with each county council member appointing one member. Each member of the board shall serve at the pleasure of the appointing council member. Any vacancy shall be filled for the unexpired term by appointment of the respective council member. No member of the board shall hold an elected public office. Members shall be Berkeley County residents. To the extent feasible, members shall be appointed from all geographical areas of the county, but council members shall not be restricted to appointing a board member from the appointing council member's district. Members shall serve without compensation, but may be reimbursed for their mileage in traveling to and from scheduled meetings at such rate and in such manner as established for Berkeley County employees.

(Ord. No. 15-06-14, 6-22-2015)

21.2.1. Election of officers. The board of zoning appeals shall elect a chairman and a vice-chairman from its members who shall serve for one year or until re-elected or until their successors are elected.

21.2.2. Rules of procedures. The board shall adopt rules of procedure in accordance with the provisions of this ordinance and the S.C. Code 1976, § 6-29-790, as amended.

21.2.3. Staff support. The staff of the Berkeley County Department of Planning and Zoning shall support the board in fulfilling its responsibilities by facilitating matters to be brought before the board and/or involving the board, and by providing a secretary who will prepare and maintain the minutes of the meetings and other public records. The minutes shall show the vote of each member upon each question, or if absent or failing to vote, indicating that fact. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine.

21.2.4. Public notice. Public notice of all meetings of the board shall be provided by publication in a newspaper of general circulation in Berkeley County.

21.2.5. Property posting. 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.

The board of zoning appeals shall have the powers and duties as provided in S.C. Code 1976, §§ 6-29-780—6-29-860, as amended. In general, such powers and duties shall include:

A.

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination by an administrative officer in the enforcement of the zoning ordinance. In exercising this power, the board may, in conformity with the provisions of S.C. Code 1976, § 6-29-800, as amended, 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.

B.

To hear and decide appeals for variance from the requirements of the zoning ordinance when strict application of the provisions of the ordinance 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:

(1)

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

(2)

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

(3)

Because of these conditions, the application of the ordinance 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.

(i)

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 a nonconforming use of land, or to change the zoning district boundaries shown on the official map. The fact that property may be utilized more profitably, should a variance be granted, may not be considered grounds for a variance.

(ii)

The board may not grant a variance for a use of land, a building, or a structure that is prohibited in a given district.

(iii)

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.

C.

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

Appeals to the board may be taken by any person aggrieved by a decision of the zoning administrator or may be taken by any officer, department, or board of the county. The appeal must be taken within 30 calendar days by filing with the officer from whom the appeal is taken and with the board notice of appeal specifying the basis thereof. The zoning administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. 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 notice of appeal has been filed with such officer, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life and property. In that case, proceedings may 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, based on due cause shown. The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give at least 15 calendar days' public notice of it in a newspaper of general circulation in the community, as well as due notice to the parties in interest, and decide the same within a reasonable time. The chairperson or, in his or her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses by subpoena and in case of contempt may certify this fact to the circuit court having jurisdiction. At the hearing, any party may appear in person or by agent or by attorney.

A nonrefundable fee in the amount established in section 47-1 of the Berkeley County Code of Ordinances (as amended) shall accompany a request for a variance, a special exception permit, or an appeal to the board of zoning appeals.

(Ord. No. 04-11-68, 11-23-2004; Ord. No. 20-12-50, 12-14-2020)

All final decisions and orders of the board must be in writing and be permanently filed 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.

Any person who may have a substantial interest in any decision of the board or an officer or agent of Berkeley County may appeal from a decision of the board to the circuit court in and for the County of Berkeley by filing with the clerk of such court a petition in writing setting forth plainly, fully and distinctly why the decision is contrary to law. Such appeal shall be filed within 30 days after the decision of the board is mailed.