A zoning board of appeals (hereinafter referred to as "the board") is hereby established. The board shall consist of five members, who shall be citizens of Hartsville and shall be appointed by city council for overlapping terms of three years and shall serve until their successors are appointed. None of the members shall hold any other public office or position with the city. Initial appointment shall be as follows: One member for a term of three years, two members for a term of two years, and two members for a term of one year. Any vacancy in membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall serve without pay, but may be reimbursed for expenses incurred while representing the board.

The board shall elect a chairman and vice-chairman from its members who shall serve for one year, until reelected or their successors are elected. The board shall appoint a secretary who may be an officer of the governing body or a member of the board. The board shall adopt rules and by-laws in accordance with the provisions of his ordinance and Title 6, Chapter 29 of the Code of Laws of South Carolina. Meetings of the board shall be held at the call of the chairman and at other such times as the board may determine. All meetings of the board shall be open to the public.

(Ord. No. 1162, 5-4-1999)

The board 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 the zoning ordinance.

(2)

To permit uses by special exception, subject to the terms and conditions set forth for such uses in the zoning ordinance, if the board makes the following findings:

a.

The proposed use will not adversely affect the health or safety of persons residing or working in the area surrounding the proposed use.

b.

The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood of the proposed use.

c.

The proposed use will not be in conflict with the goals and purposes of the adopted comprehensive plan for the city.

d.

In granting a special exception, the board shall consider the following factors: traffic flow and control, access to and circulation within the property, off-street parking and loading, signs, buffers and landscaping, structural height and bulk, location of structures, hours and manner of operation, proposed open space, noise, dust, odors, fumes, vibration, stormwater drainage, and other environmental considerations.

e.

In granting a special exception, the board may attach conditions regarding the size, location, character, or other features of the proposed 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, and general welfare.

(3)

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 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.

Such conditions do not generally apply to other properties in the vicinity.

c.

Because of these conditions, the application of the ordinance to the particular property will effectively prohibit or unreasonably restrict the utilization of the property.

d.

The variance will not cause substantial detriment to adjacent property or the public good, and the character of the surrounding area will not be harmed.

e.

The variance is a minimum reduction of the requirements of the zoning ordinance which would be necessary to permit the proposed use or construction.

f.

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 physically extend a nonconforming use of land, or to change zoning district boundaries shown on the official zoning map.

g.

The board may not consider economic factors in making a decision. The fact that a property may be used more profitably, should a variance be granted, may not be considered grounds for a variance.

h.

In granting a variance, the board may attach conditions regarding the size, location, character, or other features of the proposed 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, and general welfare.

(Ord. No. 1162, 5-4-1999)

(a)

Appeals to the board may be submitted by any person aggrieved or by any board or official of the city. A request for a zoning variance may be submitted by the affected property owner. In either case, The applicant shall complete and sign an application form (to be provided by the planning & development department), submit evidence and other materials relevant to the application, and pay an application fee of $20.00. An advertising and publication fee $50.00 is also due at the time of application. This fee is refundable if the application is withdrawn prior to the advertisement of the application for public hearing.

(b)

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, 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 otherwise than by a restraining order granted by the board or by a court of record on application, on notice to the officer from whom the appeal is taken, and due cause shown.

(c)

The board shall set a reasonable time for a public hearing on the appeal or variance and advertise the hearing at least 15 days prior to the hearing in a local newspaper, as well as notifying the interested parties of the hearing. At the hearing, any party can appear in person or by agent or attorney.

(d)

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

(e)

All final decisions and orders of the board shall be in writing and permanently filed in the office of the board as public record. All findings of fact and decisions of the board must be delivered to the parties of interest by certified mail.

(Ord. No. 1162, 5-4-1999)

Any person having a substantial interest in any decision of the board or an officer or agent of the City may appeal from a decision of the board to the circuit court having jurisdiction by filing with the clerk of 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.

(Ord. No. 112, 5-4-1999)