(A)

Board established. There is hereby established a board of zoning appeals for the Town of Blythewood, which shall have the powers and duties as provided in S.C. Code Title 6, Chapter 29, § 6-29-780 et seq.

(B)

Composition of the board of zoning appeals. The board of zoning appeals shall consist of five residents of the town appointed by town council. Effective January 1, 2010, the board of zoning appeals shall consist of seven residents of the town appointed by town council. No member shall be the holder of an elected public office.

(C)

Members shall be appointed to a numbered seat.

(1)

Seats 1 and 2 will have terms expiring the last day of September 2009 and every three years thereafter.

(2)

Seats 3 and 4 will have terms beginning January 1, 2010 and expiring the last day of September 2010 and every three years thereafter.

(3)

Seats 5, 6, and 7 will have terms expiring the last day of September 2011 and every three years thereafter.

(D)

The town will advertise during the months of January and July each year for candidates to fill seats on the board of zoning appeals. Advertisements will be posted at Town Hall, on the town's website and placed in a local newspaper of general circulation. The town clerk shall maintain a list of persons who have expressed an interest in serving on the board.

(E)

Appointments to the board will be made at the September council meeting to seats with terms beginning on October one of that year.

(F)

Appointees are expected to commit the time necessary to fulfill their duties as a member of the board of zoning appeals, including attending all meetings unless properly excused by the chairperson.

(G)

If a vacancy occurs on the board, town council shall make an appointment to a vacant seat as soon as practicable.

(H)

In the event an appointment to a seat expiring the end of September is not made prior to October 1, the member holding the seat shall continue to hold the seat until the member's successor is appointed.

(Ord. No. 5.202, 11-24-1981; Ord. No. 5.262, 9-25-2000; Ord. No. 4.188, 7-28-2009; Ord. No. 2013.018, 1-27-2014)

The board of zoning appeals has the following powers:

(A)

Appeal from zoning administrator. Any person aggrieved by a decision of the zoning administrator may appeal that decision to the board of zoning appeals in writing on a form provided by the zoning administrator within 15 days after actual notice of the decision. An appeal stays the implementation of the decision of the zoning administrator unless he or she certifies to the board that a stay would cause imminent peril to life or property. The board may affirm or reverse, wholly or in part, or may modify the decision by a written order separately stating finds of fact and conclusion of law.

(B)

Variances.

(1)

An owner or authorized agent may appeal to the board on a form provided by the zoning administrator for a variance from the requirements of the zoning chapter when the district application of regulations would result in unnecessary hardship.

(2)

A variance may be granted if the board makes all of the following findings and conclusions in a written order:

(a)

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

(b)

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

(c)

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

(d)

The authorization of the variance will not be substantial detriment to adjacent property or to public good, and the character of the district will not be harmed by the granting of the variance; and

(e)

The effect of the variance would not allow the establishment of a use not otherwise permitted in the zoning district; would not extend physically a nonconforming use of the land; would not change the zoning district boundaries shown on the official zoning map.

(3)

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 conditions regarding the location, character or other features of the proposed building, structure or use as the board may consider advisable to protect establish property values in the surrounding area, or to promote the public health, safety or general welfare. Failure to begin or complete an action for which a variance is granted within the time limit specified as a condition of the variance shall void the variance.

(C)

Special exceptions.

(1)

An owner or authorized agent may appeal to the board on a form provided by the zoning administrator for a special exception for a use permitted by district regulations as a special exception after review, subject to applicable criteria.

(2)

The board shall consider the following factors in determining whether a special exception should be granted, in addition to specific criteria in district regulations:

(a)

Traffic impact;

(b)

Vehicle and pedestrian safety;

(c)

Potential impact of noise, lights, fumes or obstruction of air flow on adjoining property;

(d)

Adverse impact of proposed use on aesthetic character of the area; and

(e)

Orientation and spacing of improvements of structures.

(3)

The board may prescribe appropriate conditions and safeguards to relieve or reduce adverse impact of a special exception and to protect the character of the area.

(Ord. No. 5.202, 11-24-1981)

A person having a substantial interest in a decision of the board of zoning appeals, or an officer of the town authorized by town council, may appeal to circuit court by petition for review on grounds that the decision is contrary to law, filed with the clerk of court and secretary of the board within 30 days after the decision of the board is mailed. Within 30 days after receipt of the notice of filing a petition, the zoning administrator or secretary of the board, with assistance of the town attorney, shall file with clerk of court a certified copy of the board proceedings, including a transcript of evidence and findings and conclusions of the board.

(Ord. No. 5.202, 11-24-1981)