All requests for each type of legislative change or relief measure shall be in the form of an application. The provisions of this article shall govern the basic requirements for, and processing of the different kinds of applications from the initiation of a request to the final action.

It is the obligation of an applicant, who bears the burden of proof, to present facts about the circumstances which would justify a proposed change or modification in convincing fashion so that the decision-making authorities may be satisfied that the petition is not injurious from a public health, safety, and general welfare outlook, and that the effect of the change will not negatively impact the immediate environs or the county generally.

This article delineates procedures, standards, and information requirements for each type of change. A single intake point for all petitions is established which also shall be the records center of all change activity authorized by this chapter.

(Ord. No. 33-2006/07, § 9.1, 6-7-07)

(a)

"Local planning commission" defined. For purposes of this chapter, "local planning commission" means a municipal planning commission, a county planning commission, a joint Florence County Planning Commission, or a consolidated government planning commission.

(b)

Areas of jurisdiction; agreement for county planning commission to act as municipal planning commission. The governing body of a municipality may designate by ordinance the county planning commission as the official planning commission of the municipality. In the event of the designation, and acceptance by the county, the county planning commission may exercise the powers and duties as provided in this chapter for municipal planning commissions as are specified in the agreement reached by the governing authorities. The agreement must specify the procedures for the exercise of powers granted in the chapter and shall address the issue of equitable representation of the municipality and the county on the boards and commissions authorized by this chapter. This agreement must be formally stated in appropriate ordinances by the governing authorities involved.

(c)

Functions, powers, and duties of local planning commissions. It is the function and duty of the local planning commission, when created by an ordinance passed by the municipal council or the county council, or both, to undertake a continuing planning program for the physical, social, and economic growth, development, and redevelopment of the area within its jurisdiction. The plans and programs must be designed to promote public health, safety, morals, convenience, prosperity, or the general welfare as well as the efficiency and economy of its area of jurisdiction. Specific planning elements must be based upon careful and comprehensive surveys and studies of existing conditions and probable future development and include recommended means of implementation. The local planning commission may make, publish, and distribute maps, plans, and reports and recommendations relating to the plans and programs and the development of its area of jurisdiction to public officials and agencies, public utility companies, civic, educational, professional, and other organizations and citizens. All public officials shall, upon request, furnish to the planning commission, within a reasonable time, such available information as it may require for its work. The planning commission, its members and employees, in the performance of its functions, may enter upon any land with consent of the property owner or after ten days' written notification to the owner of record, make examinations and surveys, and place and maintain necessary monuments and marks on them, provided, however, that the planning commission shall be liable for any injury or damage to property resulting there from. In general, the planning commission has the powers as may be necessary to enable it to perform its functions and promote the planning of its political jurisdiction.

In the discharge of its responsibilities, the local planning commission has the power and duty to:

(1)

Prepare and revise periodically plans and programs for the development and redevelopment of its area as provided in this chapter; and

(2)

Prepare and recommend for adoption to the appropriate governing authority or authorities as a means for implementing the plans and programs in its area:

a.

Zoning ordinances to include zoning district maps and appropriate revisions thereof, as provided in this chapter;

b.

Regulations for the subdivision or development of land and appropriate revisions thereof, and to oversee the administration of the regulations that may be adopted as provided in this chapter;

c.

An official map and appropriate revision on it showing the exact location of existing or proposed public street, highway, and utility rights-of-way, and public building sites, together with regulations to control the erection of buildings or other structures or changes in land use within the rights-of-way, building sites, or open spaces within its political jurisdiction or a specified portion of it, as set forth in this chapter;

d.

A landscaping ordinance setting forth required planting, tree preservation, and other aesthetic considerations for land and structures;

e.

A capital improvements program setting forth projects required to implement plans which have been prepared and adopted, including an annual listing of priority projects for consideration by the governmental bodies responsible for implementation prior to preparation of their capital budget; and

f.

Policies or procedures to facilitate implementation of planning elements.

(d)

Membership; terms of office; compensation; qualifications. The Florence County Planning Commission shall be established by county council by ordinance.

No member of a planning commission may hold an elected public office in the municipality or county from which appointed. Members of the commission first to serve must be appointed for staggered terms as described in the agreement of organization and shall serve until their successors are appointed and qualified. The compensation of the members, if any, must be determined by the governing authority or authorities creating the commission. A vacancy in the membership of a planning commission must be filled for the unexpired term in the same manner as the original appointment. The governing authority or authorities creating the commission may remove any member of the commission for cause.

In the appointment of planning commission members the appointing authority shall consider their professional expertise, knowledge of the community, and concern for the future welfare of the total community and its citizens. Members shall represent a broad cross section of the interests and concerns within the jurisdiction.

(e)

Organization of commission; meetings; procedural rules; records; purchases. A local planning commission shall organize itself electing one of its members as chairman and one as vice-chairman whose terms must be for one year. It shall appoint a secretary who may be an officer or an employee of the governing authority or of the planning commission. The planning commission shall meet at the call of the chairman and at such times as the chairman or commission may determine. The election of officers shall occur at the July meeting each year or the first meeting thereafter.

The commission shall adopt rules of organizational procedure and shall keep a record of its resolutions, findings, and determinations, which record must be a public record. The planning commission may purchase equipment and supplies and may employ or contract for such staff and such experts as it considers necessary and consistent with funds appropriated.

(f)

Referral of matters to commission; reports. The governing authority may provide for the reference of any matters or class of matters to the local planning commission, with the provision that final action on it may not be taken until the planning commission has submitted a report on it or has had a reasonable period of time, as determined by the governing authority to submit a report.

(g)

Funding of commissions; expenditures; contracts. A local planning commission may cooperate with, contract with, or accept funds from federal government agencies, state government agencies, local general purpose governments, school districts, special purpose districts, including those of other states, public or eleemosynary agencies, or private individuals or corporations; it may expend the funds; and it may carry out such cooperative undertakings and contracts as it considers necessary.

(h)

Appeals. Staff action, if authorized, to approve or disapprove a land development plan may be appealed to the Florence County Planning Commission by any party in interest. The planning commission must act on the appeal within 60 days, and the action of the planning commission is final.

The land development regulations adopted by the governing authority must include a specific procedure for the submission and approval or disapproval by the planning commission or designated staff. These procedures may include requirements for submission of sketch plans, preliminary plans, and final plans for review and approval or disapproval. Time limits, not to exceed sixty days, must be set forth for action on plans or plats, or both, submitted for approval or disapproval. Failure of the designated authority to act within 60 days of the receipt of development plans or subdivision plats with all documentation required by the land development regulations is considered to constitute approval, and the developer must be issued a letter of approval and authorization to proceed based on the plans or plats and supporting documentation presented. The 60-day time limit may be extended by mutual agreement.

A record of all actions on all land development plans and subdivision plats with the grounds for approval or disapproval and any conditions attached to the action must be maintained as a public record. In addition, the developer must be notified in writing of the actions taken.

An appeal from the decision of the planning commission must be taken to the circuit court within 30 days after actual notice of the decision.

A property owner whose land is the subject of a decision of the planning commission may appeal by filing a notice of appeal with the circuit court accompanied by a request for pre-litigation mediation in accordance with section (i) below.

A notice of appeal and request for pre-litigation mediation must be filed within 30 days after the decision of the planning commission is mailed.

Any filing of an appeal from a particular planning commission decision pursuant to the provisions of this chapter must be given a single docket number, and the appellant must be assessed only one filing fee pursuant to S.C. Code 1976, § 8-21-310(11)(a).

When an appeal includes no issues triable of right by jury or when the parties consent, the appeal must be placed on the nonjury docket. A judge, upon request by any party, may in his discretion give the appeal precedence over other civil cases. Nothing in this subsection prohibits a property owner from subsequently electing to assert a pre-existing right to trial by jury of any issue beyond the subject matter jurisdiction of the planning commission, such as, but not limited to, a determination, of the amount of damages due for an unconstitutional taking.

(i)

Pre-litigation mediation; notice; settlement approval; effect on real property; unsuccessful mediation. If a property owner files a notice of appeal with a request for pre-litigation mediation, the request for mediation must be granted, and the mediation must be conducted in accordance with South Carolina Circuit Court Alternative Dispute Resolution Rules and this section. A person who is not the owner of the property may petition to intervene as a party, and this motion must be granted if the person has a substantial interest in the decision of the planning commission.

The property owner or his representative, any other person claiming an ownership interest in the property or his representative, and any other person who has been granted leave to intervene pursuant to subsection (a) or his representative must be notified and have the opportunity to attend the mediation. The governmental entity must be represented by at least one person for purposes of mediation.

Within five working days of a successful mediation, the mediator must provide the parties with a signed copy of the written mediation agreement.

Before the terms of a mediation settlement may take effect, the mediation settlement must be approved by:

(1)

The local legislative governing body in public session; and

(2)

The circuit court as provided below.

Any land use or other change agreed to in mediation which affects existing law is effective only as to the real property which is the subject of the mediation, and a settlement agreement sets no precedent as to other parcels of real property.

If mediation is not successful or if the mediated settlement is not approved by the local legislative governing body, a property owner may appeal by filing a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The petition must be filed with the circuit court within 30 days of:

(1)

The report of an impasse as provided in the South Carolina Circuit Court Alternative Dispute Resolution Rules; or

(2)

The failure to approve the settlement by the local governing body.

The circuit court judge must approve the settlement if the settlement has a rational basis in accordance with the standards of this chapter. If the mediated settlement is not approved by the court, the judge must schedule a hearing for the parties to present evidence and must issue a written opinion containing findings of law and fact. A party may appeal from the decision:

(1)

In the same manner as provided by law for appeals from other judgments of the circuit court; or

(2)

By filing an appeal pursuant to subsection (f).

(Ord. No. 33-2006/07, § 9.1-2, 6-7-07; Ord. No. 17-2007/08, §§ 3, 4, 2-21-08; Ord. No. 06-2009/10, § 4, 10-15-09)

(a)

Board of zoning appeals; membership; terms of office; vacancies; compensation. As a part of the administrative mechanism designed to enforce the Zoning Ordinance, the Zoning Ordinance may provide for the creation of a board to be known as the board of zoning appeals. Local governing bodies with a joint planning commission and adopting a common Zoning Ordinance may create a board to be known as the joint board of appeals. All of these boards are referred to as the board.

The Florence County Board of Zoning Appeals shall be established by county council by ordinance.

(b)

Board of zoning appeals; officers; rules; meetings; notice; records. The board shall elect one of its members chairman, who shall serve for one year or until he is re-elected 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 zoning board. The board shall adopt rules of procedure in accordance with the provisions of an ordinance adopted pursuant to this chapter. Meetings of the board must be held at the call of the chairman and at such other times as the board may determine. Public notice of all meetings of the board of appeals shall be provided by publication in a newspaper of general circulation in the municipality or county. In cases involving variances or special exceptions 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. The chairman or, in his or her absence, the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. 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 that fact, and shall keep records of its examinations and other official actions, all of which must be immediately filed in the office of the board and must be a public record. The election of officers shall occur at the July meeting or the first meeting thereafter.

(c)

Powers of board of appeals; variances; special exceptions; remand; stay; hearing; decisions and orders. The board of appeals has the following powers:

(1)

To hear and decide appeals where it is alleged there is error in an order, requirement, decision, or determination made by an administrative official in the enforcement of the Zoning Ordinance;

(2)

To hear and decide appeals for variance from the requirements of the Zoning Ordinance when strict application of the provisions of the ordinance would result in unnecessary hardship. A variance may be granted in an individual case of unnecessary hardship if the board makes and explains in writing the following findings:

a.

There are extraordinary and exceptional conditions pertaining to the 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 ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property; and

d.

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.

1.

The board 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, if a variance is granted, may not be considered grounds for a variance. Other requirements may be prescribed by the Zoning Ordinance.

2.

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

(3)

To permit uses by special exception subject to the terms and conditions for the uses set forth for such uses in the Zoning Ordinance; and

(4)

To remand a matter to an administrative official, upon motion by a party or the board's own motion, if the board determines the record is insufficient for review. A party's motion for remand may be denied if the board determines that the record is sufficient for review. The board must set a rehearing on the remanded matter without further public notice for a time certain within 60 days unless otherwise agreed to by the parties. The board must maintain a list of persons who express an interest in being informed when the remanded matter is set for rehearing, and notice of the rehearing must be mailed to these persons prior to the rehearing.

Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality or county. The appeal must be taken within a reasonable time, as provided by the Zoning Ordinance or rules of the board, or both, by filing with the officer from whom the appeal is taken and with the board of appeals notice of appeal specifying the grounds for the appeal. If no time limit is provided, the appeal must be taken within 30 days from the date the appealing party has received actual notice of the action from which the appeal is taken. The officer from whom the appeal is taken immediately must transmit to the board all the papers constituting the record upon which the action appealed from was taken.

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, after the notice of appeal has 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 that case, proceedings may not be stayed other 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.

The board must fix a reasonable time for the hearing of the appeal or other matter referred to the board, and give at least fifteen days' public notice of the hearing in a newspaper of general circulation in the community, as well as due notice to the parties in interest, and decide the appeal or matter within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney.

In exercising the above power, the board of 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, has all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. The board, in the execution of the duties specified in this chapter, may subpoena witnesses and in case of contempt may certify this fact to the circuit court having jurisdiction.

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

(d)

Contempt; penalty. In case of contempt by a party, witness, or other person before the board of appeals, the board may certify this fact to the circuit court of the county in which the contempt occurs and the judge of the court, in open court or in chambers, after hearing, may impose a penalty as authorized by law.

(e)

Appeal from zoning board of appeals to circuit court; pre-litigation mediation; filing requirements. A person who may have a substantial interest in any decision of the board of appeals or an officer or agent of the appropriate governing authority may appeal from a decision of the board to the circuit court in and for the county, by filing with the clerk of the court a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within 30 days after the decision of the board is mailed.

A property owner whose land is the subject of a decision of the board of appeals may appeal either:

(1)

As provided in subsection (a); or

(2)

By filing a notice of appeal with the circuit court accompanied by a request for pre-litigation mediation in accordance with S.C. Code 1976, § 6-29-825.

Any notice of appeal and request for pre-litigation mediation must be filed within 30 days after the decision of the board is postmarked.

Any filing of an appeal from a particular board of appeals decision pursuant to the provisions of this chapter must be given a single docket number, and the appellant must be assessed only one filing fee pursuant to S.C. Code 1976, § 8-21-310(11)(a).

(f)

Pre-litigation mediation; notice; settlement approval; effect on real property; unsuccessful mediation. If a property owner files a notice of appeal with a request for pre-litigation mediation, the request for mediation must be granted, and the mediation must be conducted in accordance with South Carolina Circuit Court Alternative Dispute Resolution Rules and this section. A person who is not the owner of the property may petition to intervene as a party, and this motion must be granted if the person has a substantial interest in the decision of the board of appeals.

The property owner or his representative, any other person claiming an ownership interest in the property or his representative, and any other person who has been granted leave to intervene pursuant to subsection (a) or his representative must be notified and have the opportunity to attend the mediation. The governmental entity must be represented by at least one person for purposes of mediation.

Within five working days of a successful mediation, the mediator must provide the parties with a signed copy of the written mediation agreement.

Before the terms of a mediation settlement may take effect, the mediation settlement must be approved by:

(1)

The local legislative governing body in public session; and

(2)

The circuit court as provided in subsection 30-293(g).

Any land use or other change agreed to in mediation which affects existing law is effective only as to the real property which is the subject of the mediation, and a settlement agreement sets no precedent as to other parcels of real property.

If mediation is not successful or if the mediated settlement is not approved by the local legislative governing body, a property owner may appeal by filing a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The petition must be filed with the circuit court within 30 days of:

(1)

The report of an impasse as provided in the South Carolina Circuit Court Alternative Dispute Resolution Rules; or

(2)

The failure to approve the settlement by the local governing body.

The circuit court judge must approve the settlement if the settlement has a rational basis in accordance with the standards of this chapter. If the mediated settlement is not approved by the court, the judge must schedule a hearing for the parties to present evidence and must issue a written opinion containing findings of law and fact. A party may appeal from the decision:

(1)

In the same manner as provided by law for appeals from other judgments of the circuit court; or

(2)

By filing an appeal pursuant to subsection (f).

(g)

Notice of appeal; transcript; supersedes. Upon the filing of an appeal with a petition as provided in S.C. Code 1976, § 6-29-820(A) or § 6-29-825(F), the clerk of the circuit court must give immediate notice of the appeal to the secretary of the board and within thirty days from the time of the notice, the board must file with the clerk a duly certified copy of the proceedings held before the board of appeals, including a transcript of the evidence heard before the board, if any, and the decision of the board including its findings of fact and conclusions.

The filing of an appeal in the circuit court from any decision of the board does not ipso facto act as a supersedes, but the judge of the circuit court may in his discretion grant a supersedes upon such terms and conditions as may seem reasonable and proper.

(h)

Determination of appeal; costs; trial by jury. At the next term of the circuit court or in chambers, upon ten days' notice to the parties, the presiding judge of the circuit court of the county must proceed to hear and pass upon the appeal on the certified record of the board proceedings. The findings of fact by the board of appeals must be treated in the same manner as a finding of fact by a jury, and the court may not take additional evidence. In the event the judge determines that the certified record is insufficient for review, the matter may be remanded to the zoning board of appeals for rehearing. In determining the questions presented by the appeal, the court must determine only whether the decision of the board is correct as a matter of law. In the event that the decision of the board is reversed by the circuit court, the board is charged with the costs, and the costs must be paid by the governing authority which established the board of appeals.

When an appeal includes no issues triable of right by jury or when the parties consent, the appeal must be placed on the nonjury docket. A judge, upon request by any party, may in his discretion give the appeal precedence over other civil cases. Nothing in this subsection prohibits a property owner from subsequently electing to assert a pre-existing right to trial by jury of any issue beyond the subject matter jurisdiction of the board of appeals, such as, but not limited to, a determination of the amount of damages due for an unconstitutional taking.

(i)

Appeal to supreme court. A party in interest who is aggrieved by the judgment rendered by the circuit court upon the appeal may appeal in the manner provided by the South Carolina Appellate Court Rules.

(j)

Financing of board of zoning appeals. The governing authority may appropriate such monies, otherwise unappropriated, as it considers fit to finance the work of the board of appeals and to generally provide for the enforcement of any zoning regulations and restrictions authorized under this chapter which are adopted and may accept and expend grants of money for those purposes from either private or public sources, whether local, state, or federal.

(k)

Exceptions. The board of zoning appeals does not have the authority to issue variances or special exceptions of Division 4, FH Flood Hazard District, of this chapter. Refer to section 30-63 of this chapter for procedures in granting variances or special exceptions of Division 4, FH Flood Hazard District.

(Ord. No. 33-2006/07, § 9.1.3, 6-7-07; Ord. No. 17-2007/08, § 5, 2-21-08; Ord. No. 10-2011/12, § 2, 11-17-11; Ord. No. 10-2014/15, § 2, 12-11-14)

(1)

Applications for legislative changes: Amendments. These are the changes that require review and a recommendation from the planning commission and approval by county council. They involve amendments to the text of the Zoning Ordinance and comprehensive plan and changes to the maps for zoning and comprehensive plan.

(20

Applications for relief: Variances, appeals. These are the procedures for securing relief from the requirements of the ordinance or clarification of the terms of the ordinance and are approved by the board of zoning appeals.

(Ord. No. 33-2006/07, § 9.2, 6-7-07; Ord. No. 06-2009/10, § 5, 10-15-09)

Parties and individuals eligible to initiate an application for change and/or relief from the requirements of this chapter are identified on Table IX.

Parties not listed may petition the planning commission and/or council to initiate a change, but the petitioned party is not bound to act on behalf of the petitioner.

Table IX: Parties Eligible to Apply for Change and/or
Relief from the Requirements of this Ordinance

* A petition initiated by the planning commission or council of jurisdiction shall not relieve the property owner or agent of the responsibility of furnishing all required information to support the petition.

(Ord. No. 33-2006/07, § 9.3, 6-7-07; Ord. No. 06-2009/10, § 6, 10-15-09)

All applications shall be filed on forms provided by the zoning administrator, and contain or be accompanied by the information required by Table X, together with the required fee listed on the Florence County Fee Schedule, as approved by county council.

Table X: Information Required to Support Application Information

Application fees shall be waived for administrative officials, agencies, councils and commissions.

(Ord. No. 33-2006/07, § 9.4, 6-7-07; Ord. No. 14-2015/16, § 1, 12-10-15; Ord. No. 88-2022/23, § 1, 7-20-23)

(a)

Planning commission:

(1)

Applications for the following requested actions will be heard by the planning commission and forwarded to Florence County Council with a recommendation for final action. Note: Requests for subdivisions, subdivision variances, and private road names are processed through the Florence County Land Development Regulations.

a.

Zoning.

b.

Rezoning.

c.

Zoning ordinance text change.

d.

Planned development.

The comprehensive plan map district and text changes are directed by the 'Procedure for Adopting Plan or Amendments' and 'Public Hearing and Notice' sections of the administrative procedures for the Florence County Comprehensive Plan.

(b)

Board of zoning appeals:

(1)

Applications for the following requested actions will be heard by the Florence County Board of Zoning Appeals:

a.

Variances of Zoning Ordinance requirements.

b.

Appeals of zoning administrator decisions.

c.

Requests for special exceptions.

(2)

In order for action to be taken on any of the above requests, the applicant shall follow the steps outlined below except as noted:

a.

Contact the planning commission staff to discuss the request (recommended).

b.

Complete the application form provided by the staff or available on the Florence County web site on the planning page. Multiple parcels may be combined on one application if the request is the same.

c.

Submit the application form and applicable fee to the planning department staff. Due to the public hearing notice requirements, the application suspense for the board of zoning appeals is 28 days prior to the meeting.

d.

Receive notice of the board of zoning appeals and public hearing date, time, and location.

e.

Attend the board of zoning appeals and public hearing meeting (recommended).

f.

Receive notice of the board of zoning appeals decision.

g.

Appeals of board of zoning appeals decisions shall follow the procedures in section 30-293 (e) of this ordinance.

(3)

For the requests listed above, the planning department staff will take the following actions:

a.

Meet with the owner/citizen to discuss the potential action, if requested.

b.

Receive the completed application form and fee.

c.

Within ten days, review the application for completeness and either request additional information or forward for staff action.

d.

Publish in a paper of general circulation notice of public hearing to be conducted for the request. Notice shall be published at least 15 days prior to the public hearing. The notice shall state the nature of the change, and time, date, and place of the hearing.

e.

Post the affected property, if applicable. The zoning administrator shall post the property so that the notice is visible from each thoroughfare abutting the property. The notice shall be posted at least 15 days prior to the public hearing and shall indicate the nature of the change requested, identification of the property, and time, date, and place of hearing.

f.

Mail notices to owners of property that are adjacent to the affected property with the requested change and time, date, and place of the hearing. Notices shall be mailed at least 15 days prior to the hearing.

g.

Mail notices to any agencies, groups, or individuals who request public hearing notice.

h.

Mail notice of the meeting date, time, and place to the applicant(s).

i.

Receive comments from any interested party and forward to the board of zoning appeals.

j.

At the board of zoning appeals meeting, the staff shall present the request to the board and report any public comments received prior to the meeting.

k.

The board of zoning appeals will hear and decide appeals for variance from the requirements of the Zoning Ordinance when strict application of the provisions of the ordinance would result in unnecessary hardship.

1.

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

(a)

There are extraordinary and exceptional conditions pertaining to the 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 ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property.

(d)

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

(e)

The board 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, if a variance is granted, may not be considered grounds for a variance.

2.

Where an application for a variance is within a flood hazard area, the board, in addition to the above, shall consider the following in its deliberations:

(a)

The danger that materials may be swept onto other lands to the injury of others;

(b)

The danger to life and property due to flooding or erosion damage, and the safety of access to the property in times of flood for ordinary and emergency vehicles;

(c)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(d)

The importance of the services provided by the proposed facility to the community;

(e)

The necessity to the facility of a waterfront location, where applicable;

(f)

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(g)

The compatibility of the proposed use with existing and anticipated development, and the relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(h)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

(i)

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges;

(j)

Agricultural structures must be located in wide, expansive floodplain areas, where no other alternative location for the agricultural structure exists. The applicant must demonstrate that the entire farm acreage, consisting of a contiguous parcel of land on which the structure is to be located, must be in the special flood hazard area and no other alternative locations for the structure are available.

3.

Upon consideration of the factors listed above and the purposes of this ordinance, the appeal board may attach such conditions to the granting of variances within a flood hazard area as it deems necessary to further the purposes of this ordinance. The following conditions shall apply to all variances:

(a)

Variances may not be issued when the variance will make the structure in violation of other federal, state, or local laws, regulations, or ordinances.

(b)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(c)

Variances shall only be issued upon a showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship, and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(d)

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and a written statement that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Such notification shall be maintained with a record of all variance actions.

(e)

The local administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(f)

Variances shall not be issued for unpermitted development or other development that is not in compliance with the provisions of this ordinance. Violations must be corrected in accordance with section 30-265 of this ordinance.

l.

All applicants for a variance shall be sent a notice of final action taken by the board of zoning appeals. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the board.

m.

The board of zoning appeals shall not reconsider an application for change or relief to the same lot, parcel or portion thereof, within a period of one year from the date of final determination and notification.

n.

Any person who may have a substantial interest in any decision of the board of zoning appeals may appeal said decision to the circuit court in and for the County of Florence by filing with the clerk of such court a petition in writing setting forth plainly, fully, and distinctly wherein such decision is contrary to law. Such appeal shall be filed within 30 days after the decision of the board is rendered.

(Ord. No. 33-2006/07, § 9.5, 6-7-07; Ord. No. 17-2007/08, § 3, 2-21-08; Ord. No. 05-2009/10, § 1, 10-15-09; Ord. No. 06-2015/16, § 1, 9-17-15)

Editor's note— Ord. No. 06-2015/16, § 1, adopted Sept. 17, 2015, amended § 30-297 and in so doing changed the title of said section from "Administrative procedures, action (planning commission and board of zoning appeals)" to "Administrative procedures (planning commission and board of appeals)," as set out herein.

Neither the planning commission, council of jurisdiction nor the board of zoning appeals shall reconsider an application for change or relief to the same lot, parcel or portion thereof, within a period of one year from the date of final determination and notification.

(Ord. No. 33-2006/07, § 9.6, 6-7-07)