A Zoning Board of Appeals is hereby established. The Board shall consist of five members, who shall be citizens of the town and shall be appointed by the Town Council for overlapping terms of three years. Initial appointment shall be as follows: one member for a term of three years, two members for a term of two years and two members for a term of one year. Any vacancy in the membership shall be filled for the unexpired term in the same manner at the initial appointment. Members shall serve without pay, but may be reimbursed for any expenses incurred while representing the Board.

(Ord. 97-04, passed 12-19-1996)

   The Board of Appeals shall elect a Chairperson and a Vice-Chairperson from its members who shall serve for one year or until re-elected or until their successors are elected. The Board shall appoint a Secretary, who may be a town officer, an employee of the county, a member of the Planning Commission or a member of the Board of Appeals. The Board shall adopt rules and by-laws in accordance with the provisions of this chapter and S.C. Code § 5-231976, as amended. Meetings of the Board shall be held at the call of the Chairperson and at other times as the Board may determine. All meetings of the Board shall be open to the public.

(Ord. 97-04, passed 12-19-1996)

   The concurring vote of three members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to affect any variation of this chapter. 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 the 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. On all appeals, applications and matters brought before the Zoning Board of Appeals, the Board shall inform in writing all the parties involved of its decisions and the reasons thereof.

(Ord. 97-04, passed 12-19-1996)

   (A)   Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the town. The appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the Clerk/Treasurer notice of the appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all 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 Zoning Administrator certifies to the Board, after the notice of appeal shall have been filed with him or her, 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 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.

   (C)   The Board 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. Notice of the time and place of the public hearing shall be published in a newspaper of general circulation in the county at least 15 days in advance of the scheduled hearing date. At the hearing, any party may appear in person or by agent or by attorney.

(Ord. 97-04, passed 12-19-1996)

   (A)   The Zoning Board of Appeals shall have the following powers and duties:

      (1)   To 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 act;

      (2)   To authorize upon appeal in specific cases a 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 will, in an individual case, result in unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. The variances may be granted in the individual cases of unnecessary hardship upon a finding by the Zoning Board of Appeals:

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

         (b)   The application of this chapter on this particular piece of property would create an unnecessary hardship;

         (c)   The conditions are peculiar to the particular piece of property involved; and

         (d)   Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of this chapter or the Comprehensive Plan; provided, however, that, no variance may be granted for a use of land or building structure that is prohibited in a given district.

      (3)   To decide on other matters where a decision of the Zoning Board of Appeals may be specifically required by the provisions of this chapter.

   (B)   In exercising the above powers, the Zoning Board of Appeals may, in conformity with the provisions of this act, 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 Zoning Administrator from whom the appeal is taken and may issue or direct the issuance of a permit. The Board, in the execution of the duties for which appointed, may subpoena witnesses, and, in case of contempt, may certify the fact to the Circuit Court having jurisdiction.

(Ord. 97-04, passed 12-19-1996)

   Any person who may have a substantial interest in any decision of the Zoning Board of Appeals may appeal from any decision of the Board to the Circuit Court in and for the county by filing with the Clerk of Court, a petition in writing setting forth plainly, fully and distinctly wherein the decision is contrary to law. The appeal shall be filed within 30 days after the decision of the Board is rendered.

(Ord. 97-04, passed 12-19-1996)

   (A)   Any person violating any provisions of this chapter shall be guilty of a misdemeanor, shall be prosecuted according to procedures established for misdemeanors and, upon conviction, shall be punished, according to law, for each offense. Each day a violation continues shall constitute a separate offense.

   (B)   Nothing herein contained shall prevent the town from taking other lawful action as is necessary to prevent any violation.

(Ord. 97-04, passed 12-19-1996)

   (I)   Officers and duties. The Commission at its first regular meeting following the appointment of the new class of members by Town Council each year, shall elect a new Chairperson and Vice Chairperson.

      (A)   Chairperson. A Chairperson shall be elected by the voting members of the Planning and Zoning Commission. No member shall be eligible to serve as Chairperson until he or she has first served on the Commission for at least one year. His or her term shall be for one year. The Chairperson shall preside at all meetings of the Commission and decide all points of order and procedure, subject to these rules, unless directed otherwise by a majority of the Commission in session at the time. The Chairperson shall appoint any committees found necessary to investigate any matters before the Commission.

      (B)   Vice Chairperson. A Vice Chairperson shall be elected by the Planning and Zoning Commission from among its members in the same manner and for the same term as the Chairperson. He or she shall serve as acting Chairperson in the absence of the Chairperson and, at the times, he or she shall have the same powers and duties as the Chairperson. The Vice Chairperson shall succeed the Chairperson if he or she vacates his or her office before his or her term is completed, the Vice Chairperson to serve the unexpired term of the vacated office. A new Vice Chairperson shall be elected at the next regular meeting.

   (II)   Meetings.

      (A)   Regular meetings. Regular meetings of the Planning and Zoning Commission shall be held on the first and third Tuesday of each month at Town Hall; provided that, if the Chairperson so directs, meetings may be held at any other place in the town. The regular meetings held on the first Tuesday of each month shall be a planning meeting, shall be held at 6:00 p.m. and shall be for general planning purposes only and not for the hearing of official requests from the public for rezonings, subdivision review and annexation. These public requests shall be presented at the regular meetings on the third Tuesday of each month which shall be public hearing meetings and shall be held at 2:00 p.m.

      (B)   Special meetings. Special meetings of the Planning and Zoning Commission may be called at any time by the Chairperson. At least 24 hours’ notice of the time and place of special meetings shall be given by the Chairperson to each member of the Planning and Zoning Commission; provided that, this requirement may be waived by action of a majority of all members.

      (C)   Workshops. The first hour from 1:00 p.m. to 2:00 p.m. preceding the public hearing regular meetings held on the third Tuesday of each month shall be a workshop. Additional workshops can be called by the Chairperson in the same manner special meetings are called.

      (D)   Cancellation of meetings. Whenever there is no business for the Planning and Zoning Commission, the Chairperson may dispense with a regular meeting by giving notice to all members not less than 24 hours prior to the time set for the meeting.

      (E)   Notification of absence. Each member of the Planning and Zoning Commission who has knowledge of the fact that he or she will not be able to attend scheduled regular meetings, special meetings or workshop meetings of the Commission shall notify the Planning Department at Town Hall at the earliest possible opportunity prior to the meeting in the event that the projected absence(s) will produce a lack of quorum.

      (F)   Criteria for excused absences.

         (1)   For an absence to be given consideration by the Planning and Zoning Commission as an excused absence, the Commissioner is required to notify the Planning Department at Town Hall prior to a regular or special meeting. If an absence fails to meet this qualification, it is automatically registered as an unexcused absence. If an absence qualifies for consideration, it must then satisfy at least one of the following conditions to be granted “excused” by the majority vote of the members present at roll call:

            (a)   Personal business conflict;

            (b)   Personal illness;

            (c)   Death in immediate family;

            (d)   Jury duty;

            (e)   Other town, county or state business related conflict; or

            (f)   Any other excuse deemed excusable at the discretion of the Commission.

         (2)   Attendance at workshops is encouraged, but not required and no roll call is taken.

      (G)   Quorum. A quorum shall consist of five members of the Commission. No quorum is required for workshops.

      (H)   Conduct of meetings.

         (1)   All meetings shall be open to the public regular meetings held on the third Tuesday of each month shall be as follows:

            (a)   Roll call;

            (b)   Approval of minutes of previous meeting;

            (c)   Unfinished business;

            (d)   New business; and

            (e)   Citizens comments.

         (2)   A copy of the agenda for the meetings held on the third Tuesday of each month shall be published once in a local newspaper prior to the meeting.

      (I)   Deadline for agenda. The deadline for filing for placement of agenda in local media and Town Hall shall not be less than 24 hours of established meeting time and date.

(Ord. 97-04, passed 12-19-1996)

(Ord. 97-04, passed 12-19-1996)