The board of zoning appeals shall consist of three members, appointed by the town council of Briarcliffe Acres. The members shall serve for overlapping terms of not less than three nor more than five years or thereafter until their successors are appointed. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members may be removed for cause by the town council. None of the members shall hold any other public office or position in the municipality.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)

The board shall elect one of its members chairman, who shall serve for one year or until he is 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 board of zoning appeals. The board shall adopt rules in accordance with the provisions of this article. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The presence of at least two members of the board of zoning appeals shall constitute a quorum for the purpose of proceedings of the zoning board of appeals and the board of zoning appeals shall not conduct any proceedings unless a quorum is present for the proceedings. The chairman or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. The board of zoning appeals shall make a permanent record of all hearings and proceedings conducted by the board of zoning appeals using a method of recording designated by the board of zoning appeals. A transcript of the proceedings of all hearings shall be made available to any person upon request and payment, in advance, of the estimated cost of preparation of the transcript by a court reporter. The record of proceedings of the board of zoning appeals shall show the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and the record of proceedings and other official actions of the board of zoning appeals shall be immediately filed in the office of the town clerk.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)

(a)

Appeals to the board of zoning appeals may be taken by any person aggrieved or by the zoning administrator or any other officer, department, or board of the town. Such appeal shall be taken within 30 days from the date the appealing party has received actual notice of the action from which the appeal is taken, as provided by the rules of the board of zoning appeals, by filing with the officer from whom the appeal is taken and with the board of zoning appeals notice of appeal specifying the ground thereof. The officer from whom the appeal is taken shall forthwith transmit to the board of zoning appeals all the papers constituting the record upon which the action appealed from was taken.

(b)

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 of zoning appeals, 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 and property. In such case, proceedings may not be stayed otherwise than by a restraining order which may be granted by the board of zoning appeals or by Court of Common Pleas for Horry County on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

(c)

The board of zoning appeals 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, and decide the same within a reasonable time. At the hearing any party may appear in person or by agent or by attorney. Public notice of all hearings of the board of zoning appeals shall be provided by publication in a newspaper of general circulation in the town at least 15 days in advance of the hearings. In cases involving variances, 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.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)

The board of zoning appeals shall have the following powers:

(a)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter.

(b)

To hear and decide appeals for variance from the requirements of the zoning ordinance from which this chapter is derived when strict application of the provisions of the chapter would result in unnecessary hardship.

(c)

A variance may be granted in an individual case of unnecessary hardship if the board of zoning appeals makes and explains in writing the following findings:

(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;

(4)

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;

(5)

The board of zoning appeals 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. Other requirements may be prescribed by this zoning chapter.

(d)

In granting a variance, the board of zoning appeals may attached to it such conditions regarding the location, character, or other features of the proposed building, structure, or use as the board of zoning appeals may consider advisable to protect established property values in the surrounding area, or to promote the public health, safety, or general welfare.

(1)

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

(2)

Failure to begin or complete, or begin and complete, an action for which a variance is granted, within the time limit specified, when such time limit is made a part of the terms under which the variance is granted, shall void the variance.

(e)

To decide on other matters where a decision of the zoning board of appeals may be specifically required by the provisions of this ordinance.

(f)

In exercising the its' powers, the board of zoning 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 officer from whom the appeal is taken and may issue or direct the issuance of a permit. The board of zoning appeals in the execution of the duties for which appointed may subpoena witnesses and in case of contempt may certify such fact to the Horry County Court of Common Pleas.

(g)

All final decisions and orders of the board of zoning appeals must be in writing and be permanently filed in the office of the town clerk as a public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the board of zoning appeals which must be delivered to parties of interest by certified mail.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)

A person who has a substantial interest in any decision of the board of zoning appeals or an officer or agent of the Town of Briarcliffe Acres may appeal from a decision of the board of zoning appeals to the Horry County Court of Common Pleas by filing with the clerk of the court for Horry County a petition in writing setting forth plainly, fully, and distinctly why the decision of the board of zoning appeals is contrary to law. The appeal must be filed within 30 days after the decision of the board of zoning appeals is served by certified mail. The findings of fact by the board of zoning appeals are final and conclusive on the hearing of the appeal, and the Horry County Court of Common Pleas may not take additional evidence. In the event the judge of the Horry County Court of Common Pleas determines that the record before the board of zoning appeals is insufficient for review, the matter must be remanded to the board of zoning appeals for rehearing. In determining the questions presented by the appeal, the Horry County Court of Common Pleas must determine only whether the decision of the board of zoning appeals is correct as a matter of law.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)