These rules of procedure are adopted pursuant to S.C. Code 6-29-790 for the City of Charleston Board of Zoning Appeals—Zoning and Board of Zoning Appeals—Site Design, which consist of seven members each, appointed by City Council.

The office of the Board shall be the Urban Design and Preservation Division of the Department of Planning and Preservation.

(Ord. No. 2025-086, § 1, 6-17-25)

The Board shall elect one of its members chairman, who shall serve one year or until he or she is re-elected or his or her successor is elected and qualified. Each Board shall appoint a staff member of the City as secretary of the Board.

The chairman or, in his or her absence, the acting chairman, shall be a voting member of the Board and shall:

a.

Call meetings of the Board;

b.

Preside at meetings and hearings; and swear in witnesses;

c.

Act as spokesperson for the Board;

d.

Sign documents for the Board;

e.

Have orders of the Board served on parties; and

f.

Perform other duties approved by the Board.

The secretary shall:

a.

Provide and publish notice of appeals and meetings;

b.

Prepare the agenda;

c.

See that property involved in appeals for variances or special exception is properly posted;

d.

Keep recordings and minutes of meetings and hearings;

e.

Maintain Board records as public records;

f.

Serve Board decisions on parties;

g.

Attend to Board correspondence; and

h.

Perform other duties normally carried out by a secretary.

The Board of Zoning Appeals—Zoning shall meet on the first and third Tuesdays of each month at 5:15 p.m., except for January and July when no meeting shall be held on the first Tuesday, and the Board of Zoning Appeals—Site Design shall meet on the first Wednesday of each month at 5 p.m., unless such day is a recognized holiday or election day. An annual schedule of regular meetings and submittal deadlines shall be published and posted at the Zoning Division office by December of each year. Special meetings may be called by the chairman upon 24 hours notice, posted and delivered to all members and local news media. Meetings shall be held at the place stated in the notices, and shall be open to the public. Board members shall not discuss the merits of appeals or applications pending before the Board with applicants or other interested parties prior to properly noticed meetings of the Board.

(Amendment of 2-16-16)

A written agenda shall be furnished by the secretary to each member of the Board and the news media, and shall be posted at least five (5) days prior to each regular meeting and at least twenty-four (24) hours prior to a special meeting. Items may be removed from the agenda or deferred at a meeting by majority vote.

A majority of the members of the Board shall constitute a quorum. A quorum shall be present before any business is conducted other than rescheduling the meeting.

Robert's Rules of Order shall govern the conduct of meetings except as otherwise provided by these Rules of Procedure.

Appeals from administrative or Board decisions, applications for variances, and applications for special exceptions shall be filed on forms approved by the Board and available to applicants in the Zoning Division office. The Board may require additional information deemed necessary. The failure to submit adequate information may be grounds for dismissal. Meeting agendas are limited to no more than twenty-five (25) new applications and appeals. Each application or appeal shall require a fee as set by City Council.

An appeal from an administrative decision must be filed within ten (10) business days after actual notice of the decision by delivery of the approved appeal form and fee to the Zoning Division office.

An appeal for reconsideration of a decision of the Board must be filed within five (5) business days from the date of the Board's decision, order, requirement or determination by delivery of the approved appeal form and fee to the Zoning Division office. To grant the appeal for reconsideration, the Board must find that it misapprehended or misconceived the question or questions involved, or that it erred in its finding or disposition of the appeal, application or matter. If such appeal is granted by the Board, the decision shall be withdrawn and the matter heard and considered de novo, as if no hearing, consideration or determination had been previously made or heard.

Appeals and applications shall be marked with the date of receipt and placed on the hearing agenda in the order in which received. Appeals and applications shall be heard in the order on the calendar unless otherwise set by the Board for good cause shown.

Any appeal or application may be withdrawn by written notice delivered to the secretary prior to action by the Board. An appeal which is withdrawn, may not be refiled after the time limit for appeal has expired.

Parties filing appeals or applications may, after the application has been advertised as part of a meeting's agenda, request that the application be deferred, except in the case of an appeal for reconsideration of a Board decision, which may not be deferred after the application has been advertised as part of an agenda. A request for deferral must be in writing, signed by the applicant or agent, and must identify the meeting date when the application should be heard. Without an extraordinary and compelling reason only one (1) such deferral will be permitted.

Public notice of a hearing of the Board shall be published in a local newspaper at least fifteen (15) days prior to the hearing. The notice shall contain a description of each matter to be heard and identify the property affected. Notice shall also be posted on or adjacent to the property affected at least five (5) days prior to the hearing. Such notice shall contain a description of the request, the identity of the property affected, the date, time and place of the hearing, and a phone number to call for more information.

The applicant or any party in interest may appear in person or by agent or attorney. The Board may postpone or proceed to dispose of a matter on the records before it in the absence of an appearance on behalf of an applicant.

Parties in interest may present testimony under oath. Witnesses may be compelled to attend by subpoena requested at least ten (10) days prior to a hearing and signed by the chairman. The Board may call its own witnesses when deemed appropriate.

Relevant documents, photographs, maps, plans, drawings, etc., will be received in the record without authentication in the form of legible copies. Relevant testimony, which is not cumulative, or hearsay will be received. The chairman will rule on all evidentiary matters. Evidence may be placed in the record with an objection noted.

The normal order of hearing, except for motions for reconsideration of a Board decision, subject to modification by the chairman, shall be:

a.

Presentation by the secretary or designated member of City staff of matter to be heard with a recommendation of the zoning administrator or his/her designated staff member (if the recommendation of the zoning administrator or his/her designated staff member is in favor of the application and no objection has been filed with the Board and no one is present to oppose the matter, the Board may approve the matter without further presentation);

b.

Presentation by applicant or appellant and others in support of the application or appeal (10-minute limit);

c.

Presentation by opponents (10-minute limit);

d.

Rebuttal by applicant (3-minute limit);

e.

The Board may question participants at any point in the hearing;

f.

Matters in which additional time is granted may be moved to the end of the agenda.

The normal order of hearing for motions for reconsideration of a Board decision, subject to modification by the chairman, shall be:

a.

Presentation by the secretary of the matter to be heard with an explanation of the requirements that must be met by the applicant or appellant for the Board to grant the motion for reconsideration;

b.

Presentation by the applicant or appellant of the motion for reconsideration.

c.

The Board may question the applicant or appellant at any point in the hearing.

The Board may deliberate and make a final disposition of a matter by majority vote of members present at the hearing and qualified to vote; provided that not less than a quorum are present and qualified to vote. The vote may be taken at the same or a subsequent meeting. A member may not vote on a matter which the member has not heard. Deliberations shall be conducted and voting shall be in public. When a member has a conflict of interest in a matter being heard, that member shall complete a conflict of interest form for that matter, abstain from voting and leave the room until the matter is disposed of.

An order shall be issued disposing of a matter by granting or denying relief with such conditions as may be deemed necessary; or affirming, modifying, or reversing an administrative decision; or granting or denying an appeal for reconsideration of a Board decision. If an appeal for reconsideration of a Board decision is approved, the decision shall be withdrawn and the matter shall be heard de novo, as if no hearing, consideration or determination has been previously made or heard. A matter may be dismissed for lack of jurisdiction or prosecution. Findings of fact and conclusions of law shall be separately stated in an order.

The secretary shall delivery a copy of an order to each party in interest by certified mail immediately after the five (5) business day appeal period of the Board's decision has expired.

The secretary shall record all meetings and hearings of the Board on tape which shall be preserved until final action is taken on all matters presented. The secretary shall have minutes of each meeting prepared and maintained as public records.

The secretary shall assist in the preparation and service of all orders of the Board in appropriate form. Copies of all notices, correspondence, documentary evidence, orders and forms shall be maintained as public records.

These rules were adopted by vote of a majority of the members of the Board of Zoning Appeals—Zoning at a regular public meeting on December 7, 1999. These rules were amended by a vote of a majority of the members of the Board of Zoning Appeals—Zoning at a regular public meeting on November 16, 2004, and were further amended by a vote of a majority of the members of the Board of Zoning Appeals—Zoning at a regular public meeting on on August 5, 2008.

These rules were adopted by vote of a majority of the members of the Board of Zoning Appeals—Site Design at a regular public meeting on March 1, 2000. These rules were amended by a vote of a majority of the members of the Board of Zoning Appeals—Site Design at a regular public meeting on January 5, 2005, and were further amended by a vote of a majority of the members of the Board of Zoning Appeals—Zoning at a regular public meeting on August 6, 2008.

These rules may be amended at any regular meeting of the Board by majority vote of the members of the Board at least seven (7) days after the written amendment is delivered to all members.