A Planning Commission for the City of Fountain Inn is hereby established by Ordinance to be the official Planning Commission for the City of Fountain Inn. Jurisdiction for said Planning Commission shall be the corporate limits of the City of Fountain Inn as such limits may be adjusted by annexation or otherwise as of the date of this Ordinance or in the future.

It is the function and duty of the Fountain Inn Planning Commission to undertake a continuing planning program for the physical, social and economic growth, development and redevelopment of the City of Fountain Inn. 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 Fountain Inn Planning Commission may make, publish and distribute maps, plans and reports and recommendations related to the plans and programs in the development of its area of jurisdiction to public officials and agencies, public utility companies, civic educational, professional and other organizations and citizens. The Planning Commission, its members, employees or agents, in the official performance of their function, may enter upon any land with consent of the property owner or after ten days written notification to the owner of record to make examinations and surveys and place and maintain necessary monuments and marks on such property.

In the discharge of its responsibilities, the 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.

2.

Prepare and recommend for adoption to the appropriate government authority or authorities as a means for implementing the plans and programs in its areas.

Furthermore, the Fountain Inn Planning Commission shall have all authority and duties set forth in S.C. Code § 6-29-340, and as may be necessary to the proper use and planning within the City of Fountain Inn.

Furthermore, the City Council of the City of Fountain Inn may refer matters to the Commission and the Commission may accept matters from other government agencies as allowed in S.C. Code §§ 6-29-520 and 6-29-370, and may establish advisory commissions as allowed by S.C. Code § 6-29-520.

Planning Commission shall be constituted of seven members each member of the current City Council to appoint a member, as well as a member appointed by the Mayor of the City of Fountain Inn when the term of the member representing the ward represented by the City Council member or Mayor shall end. Terms shall be for a period of three years; provided, however, initial appointments shall be as follows:

A.

Present board members will be advised to proposed changes to the board.

B.

For initial appointments, to the Planning Commission, council members representing Wards 1, 3, and 5 together with the Mayor, as such wards exist on the date of enactment of this Ordinance shall appoint members to a two-year term. Council members representing Wards 2, 4, and 6 as such wards exist on the date of the enactment of this Ordinance, shall appoint members for three-year terms.

All appointments to the Planning Commission shall be subject to approval as a group by simple majority vote of City Council members present at the meeting when the nomination is made. Board members of the Planning Commission as such exists on the date of enactment of this Ordinance may be reappointed for an appropriate two- or three-year term.

Members may not serve more than two consecutive terms on any given board each, except by special permission and vote of the governing body of the City of Fountain Inn.

At its initial meeting, after enactment of this Ordinance, the Planning Commission as so constituted shall elect one of its members as a chairman and one as a vice chairman. The Commission may appoint a secretary who may be a member of the Commission or an officer or employee of the City of Fountain Inn to keep records of its meetings. All meetings shall be subject to the Freedom of Information Act and shall be open and announced in accord with the provisions of said Act and current Ordinances for the City of Fountain Inn. All meetings shall be on record and any decisions or votes shall be recorded in writing.

Any and all actions of the Planning Commission shall be subject to the ultimate approval of the City Council of the City of Fountain Inn. The Chairman as his designated representative shall present the written decision of the Commission to the City Council.

The Planning Commission shall be governed in accord with the rules and regulations and procedures as outlined in the comprehensive planning guide for local governments together with S.C. Code §§ 6-29-510 through 6-29-540.

There is created hereby a Board of Zoning Appeals by the City of Fountain Inn. The purpose of said board shall be to hear and decide any appeals from the Zoning Administrator for the City of Fountain Inn. Jurisdiction of said board shall lie within the city limits of the City of Fountain Inn as such exist on the date of enactment of this Ordinance or as may become determined in the future. The Board of Zoning Appeals together with the Zoning Administrator shall have the authority to govern zoning and implementation of planning within the City of Fountain Inn. Within the City, this body may regulate:

1.

the use of buildings, structures and lands;

2.

the size, location, height, bulk, orientation, number of stories erection, construction, reconstruction alteration, demolition or removal in whole or in part of buildings and other structures including signage;

3.

the density of development, use or occupancy of buildings, structures or land;

4.

the areas and dimensions of land, water, and air space to occupied by buildings and structures and the size of yards, courts, and open spaces;

5.

the amount of off-street parking and loading that must be provided and restrictions or requirements related to the entry or the use of motor vehicles on the land;

6.

other aspects of the site plan including but not limited to tree preservation, landscaping, buffers, lighting and curb cuts; and

7.

any other aspects to the development and use of land or structures necessary to accomplish the purposes set forth throughout these Ordinances and the law of the State of South Carolina.

Notice of any hearing of the Board of Zoning Appeals of the City of Fountain Inn shall be given at least fifteen days in advance of a public hearing. All hearings and activities of said board shall be in accord with the Freedom of Information Act and local Ordinances. The owner of the property for which the variance is requested or his agent shall be notified by mail. Notice of hearing shall be made in a newspaper of general circulation, posted on the property for which a variance is requested and posted at City Hall. In deciding any variance or approval or denial of the action of the Zoning Administrator, the Board may consider the following factors:

a.

that there are special conditions and circumstances which are peculiar to the land, structure or building involved which are not applicable to other lands structures or buildings in the same district;

b.

a literal interpretation of the provisions of the Ordinances for the City of Fountain Inn would deprive the applicant of rights commonly enjoyed by other properties in the same district or area under the terms of the zoning Ordinance of the City of Fountain Inn;

c.

that special conditions and circumstances do not result from the actions of the applicant.;

d.

granting any variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same area or district;

e.

the variance requested will be in harmony with the general purpose and intent of the Ordinances of the City of Fountain Inn and will not be injurious to the neighborhood or otherwise detrimental to public welfare; and

f.

the variance requested is a minimum variance that will make possible the legal use of the land, buildings or structures.

The activities of the Fountain Inn Zoning Board of Appeals shall be governed in accord with S.C. Code § 6-29-790, and as governed by the procedures outlined in the Comprehensive Planning Guide for Local Governments. Any decisions of the board shall be in writing and in the form of an order signed by the chairman and secretary to the board. Furthermore, the powers of the board shall be in accord with S.C. Code § 6-29-800, which is specifically adopted by reference as authority within the Code of Ordinances for the City of Fountain Inn.

The Board of Zoning Appeals shall be composed of seven members who shall elect a chairman and vice chairman from their membership at the first meeting of said board after the enactment of this Ordinance. Each member of the City Council of the City of Fountain Inn shall appoint one member and the Mayor shall appoint one member to the Board of Zoning Appeals. Appointments shall be for a period of three years; provided, however, initial appointment will be staggered, with the representatives on City Council from Wards 1, 3, and 5 appointing members for a four-year term and from Wards 2, 4, 6, and the Mayor appointing members for a three-year term. Members may not serve more than two consecutive terms on any particular board. Appointments after nomination shall be simple majority vote of the members of the City Council of the City of Fountain Inn.

After its initial meeting, the Council shall appoint a secretary who may be a member of the board or an official of the City of Fountain Inn. Exact records and a verbatim recording of all meetings shall be available.

A person who may have a substantial interest in any decision of the Board of Zoning Appeals or an officer or agent of the City of Fountain Inn may appeal from a decision of the Board of Zoning Appeals to the Circuit Court by filing with the Clerk of Court a complaint in writing setting forth plainly, fully and distinctly why the decision is contrary to law. The appeal must be filed within thirty days after the decision of Board of Zoning Appeals is forwarded in writing to the proposed appellant. Any and all decisions of the Board of Zoning Appeals shall be in writing in the form of an order. The party appealing the decision is responsible for providing a written verbatim written transcript of the proceedings before the Board of Zoning Appeals.