Charleston City Zoning Code
ARTICLE IV
Board Of Adjustment
Section 400.150 Board Of Adjustment.
[R.O. 1993 § 400.150; Ord. No. 1431 § XV, 8-13-1968]
A.
A Board of Adjustment is hereby created. The Board shall consist of five (5) members and three (3) alternate members, all to be residents of the City, appointed by the Mayor and approved by the City Council, each to be appointed for a term of five (5) years, excepting that when the Board shall first be created, one (1) member shall be appointed for a term of five (5) years, one (1) for a term of four (4) years, one (1) for a term of three (3) years, one (1) for a term of two (2) years, and one (1) for a term of one (1) year. Members shall be removable for cause by the Mayor and City Council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
B.
The Board shall elect its own Chairman who shall serve for one (1) year. The Board of Adjustment shall adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman, or in his/her absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon 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. All testimony, objections thereto and rulings thereon, shall be taken down by a reporter employed by the Board for that purpose.
C.
An appeal may be taken to the Board of Adjustment by any person, group or organization, public or private, affected by a decision of the City Engineer. Such appeal shall be taken within thirty (30) days of such written decision by filing with the City Engineer and the Board of Adjustment a notice of appeal specifying the grounds thereof. A fee of twenty-five dollars ($25.00) shall accompany all notices of appeals. The City Engineer shall forthwith transmit to the Board, all papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her opinion, cause immediate 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 Adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
D.
The Board of Adjustment shall have the following powers:
1.
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the City Engineer in the enforcement of this Chapter, and may affirm or reverse, in whole or part, said decision of the Enforcement Officer. The concurring note of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the City Engineer or to decide in favor of the applicant on any matter upon which it is required to pass under and such ordinance or to effect any variation in such ordinance.
2.
To hear requests for variances from the literal provisions of this Chapter in instances where strict enforcement of this Chapter would cause undue hardship due to circumstances unique to the individual property under consideration and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of this Chapter. The Board of Adjustment shall not permit, as a variance, any use in the district that is not permitted under the ordinance. The Board of Adjustment may impose conditions in the granting of a variance to insure compliance and to protect adjacent property.
3.
To hold public hearings on and decide the following exceptions to or variations of this Chapter.
a.
To permit the extension of a district where the boundary line thereof divides a lot held in a single ownership at the time of adoption of this Chapter.
b.
Interpret the provisions of this Chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the Zoning District Map where the street layout on the ground varies from the street layout as shown on this map.
c.
Permit reconstruction of a non-conforming building otherwise prohibited by Section 400.100 where such action would not constitute continuation of a monopoly.
d.
Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, not generally prevalent in the neighborhood, which condition when related to the yard regulations of this Chapter would prevent a reasonable or sensible arrangement of buildings on the lot.
e.
Vary the parking regulations by not more than fifty percent (50%) where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by this Chapter, or where it can be conclusively shown that adequate off-street parking to serve a particular use has been provided by or is controlled by the Municipality.
E.
Decisions of the Board in respect to the above shall be subject to appeal to the Circuit Court of Mississippi County within thirty (30) days after the filing of the decision in the office of the Board.
Section 400.160 Enforcement; Application Required; Occupancy Permits.
[R.O. 1993 § 400.160; Ord. No. 1431 § XVI, 8-13-1968; Ord. No. 1540 § 1, 4-14-1970]
A.
It shall be the duty of the person designated by the City Manager as City Engineer to administer and enforce the regulations contained herein.
B.
It shall be unlawful to commence or to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, raising, or moving of any building or structure, or of any portion thereof, without first having applied in writing to the City Engineer for a building permit to do so and, until a building permit has been granted therefor.
C.
Subsequent to August 13, 1968, no change in the use or occupancy of land, nor any change of use or occupancy in an existing building, other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the City Engineer. Every certificate of occupancy shall state that the new occupancy complies with all provisions of this Chapter. No permit for excavation for or the erection or alteration of any building shall be issued before the application has been made and approved for a certificate of occupancy and compliance, and no building or premises shall be occupied until such certificate and permit is issued. A record of all certificates of occupancy shall be kept on file in the office of the City Engineer, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or a building affected by such certificate of occupancy.
Section 400.170 Amendments.
[R.O. 1993 § 400.170; Ord. No. 1431 § XVII, 8-13-1968]
A.
The City Council may, from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts or regulations or restrictions herein established. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the City Plan Commission for its recommendations and report. If the City Plan Commission makes no report within thirty (30) days, it shall be considered to have made a report approving the proposed amendment, supplement, modification, or change. Upon the filing of the recommendations and report by the City Plan Commission with respect to any proposed amendment, supplement, change, modification, or repeal, the City Council shall proceed to hold a public hearing in relation thereto, giving at least fifteen (15) days' notice of the time and place of such hearing, which notice shall first be published in a newspaper having a general circulation in the City of Charleston.
B.
In case of an adverse report by the City Plan Commission or if a protest against such proposed amendment, supplement, change, modification, or repeal shall be presented in writing to the City Clerk, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the area of the land (exclusive of streets, places, and alleys) included within such proposed amendment, supplement, change, modification, or repeal, or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment, supplement, change, modification, or repeal shall not become effective except by the favorable vote of four-fifths (4/5) of all the members of the City Council.