The Board of Zoning Appeals of the Town of Fort Mill (BOZA) is hereby established in accordance with the provisions of this ordinance. The BOZA shall be comprised as outlined in article VI, section 1(D)(2) and (3).

(Ord. No. 2013-23, § II, 8-12-13)

The BOZA shall have all the duties and responsibilities outlined within article VI, section 1(D)(1) of this ordinance.

(Ord. No. 2013-23, § II, 8-12-13)

1)

Meetings: The BOZA shall meet as specified in article VI, section 1(D)(4) of this ordinance.

2)

Records: The BOZA shall keep and maintain public records as outlined in article VI, section 1(D)(5) of this ordinance. On all appeals, applications and other matters brought before the BOZA, the BOZA shall inform, in writing, all the parties involved of its decisions and the reasons therefore.

(Ord. No. 2013-23, § II, 8-12-13)

Appeals to the BOZA may be taken by any person aggrieved, or by any officer, department, BOZA, or bureau of the Town of Fort Mill affected by a decision of the zoning administrator or other town official based on this ordinance. Appeals may also be submitted by any person seeking a special exception as authorized by this ordinance. Such appeals shall be taken within a reasonable time, as provided by the rules of the BOZA, by filing with the zoning administrator a written notice of appeal specifying the grounds thereof. Appeals shall be submitted on application forms obtained from the zoning administrator along with an application fee. The amount of the application fee shall be established by the town council during adoption of the annual budget ordinance. All papers constituting the record upon which the action appealed from was taken shall forewith be transmitted to the BOZA by the zoning administrator. Action shall not be initiated on the same appeal by the same applicant more often than once every 12 months. Any communication purporting to be an application for an appeal shall be regarded as mere notice to seek relief until it is made in the form required.

(Ord. No. 2013-23, § II, 8-12-13)

The BOZA shall have the following powers and duties:

1.

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

2.

To hear and decide variances to the terms of this ordinance upon which the BOZA is required to pass under the provisions of this ordinance. When acting upon such application for a variance, the BOZA shall give consideration to the following factors where applicable:

A)

The proposed design and location of the particular development.

B)

The possible traffic-generating characteristics of the proposed development.

C)

The effects of the proposed development on the present or intended character of the area in which it is proposed for location.

D)

The availability of public utilities, facilities, and services. After such consideration, the BOZA shall take such actions or establish such reasonable conditions of approval, as will accomplish the intents and purposes of this ordinance. Applications for special exceptions or variances may be referred to the planning commission for comment and recommendations and returned to the BOZA within a specified period of time.

3.

To authorize upon appeal in specific cases, so that the spirit of this ordinance shall be observed, public welfare and safety secured, and substantial justice done, such variances from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance will, in an individual case, result in unnecessary hardship. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the BOZA that:

A)

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

B)

The application of this ordinance to the particular piece of property would create an unnecessary hardship; and

C)

Such 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 purpose and intent of this ordinance; provided, that no variance may be permitted for a land use that is prohibited by this ordinance within the district in which the property is located.

(Ord. No. 2013-23, § II, 8-12-13)

In exceeding the above powers, the BOZA may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, or decision of the building official or other administrative official; 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.

(Ord. No. 2013-23, § II, 8-12-13)

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the building official certifies to the BOZA after the notice of appeal shall have been filed with him that, by reason of facts stated in the certification, a stay would, in his opinion, cause imminent peril to life and property. In such a case, proceedings shall not be stayed otherwise than be a restraining order which may be granted by the BOZA or by a court of record on application, on notice to the official from whom the appeal is taken and on due cause shown.

(Ord. No. 2013-23, § II, 8-12-13)

The BOZA shall fix a reasonable time for the hearing of appeals or other matters referred to it, and give public notice thereof in a newspaper of general circulation throughout the Town of Fort Mill, such notice to consist of two insertions in such newspaper, the first of which shall be ten days prior to the date of such hearing. Due notice shall also be given to other parties in interest, and the appeal shall be decided within a reasonable time. At a hearing, any party may appear in person or be represented by agent or by attorney. The BOZA shall act upon the request within at least 30 days after the public hearing. If no decision has been made within that time, the request shall automatically be considered approved by the BOZA, and the secretary of the BOZA shall direct that the necessary permits be issued.

(Ord. No. 2013-23, § II, 8-12-13)

Any person or persons severally or jointly aggrieved by any decision of the BOZA may take an appeal to the courts, as provided by law.

(Ord. No. 2013-23, § II, 8-12-13)