A zoning board of adjustment (herein referred to as "the board") is hereby established. The board shall consist of five members who shall be citizens of the city and shall be appointed by the city council for overlapping terms of three years. Any vacancy in the 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 any expenses incurred while representing the board.

(Code 1983, § 22-12.1; Ord. of 3-21-1971, art. XII, § 1)

The zoning board of adjustment shall elect a chairperson and a vice-chairperson from its members, who shall serve for one year or until re-elected or until their successors are elected. The board shall appoint a secretary, who may be a city official, an employee of the city, a member of the planning commission, or a member of the zoning board of adjustment. The board shall adopt rules and bylaws in accordance with the provisions of this chapter and Act No. 487 of 1967 of the General Statutes of South Carolina. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. All meetings of the board shall be open to the public.

(Code 1983, § 22-12.2; Ord. of 3-21-1971, art. XII, § 2; Ord. of 6-14-1980)

The concurring vote of three members of the zoning board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of the building official or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation from this chapter. The board shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. On all appeals, applications and other matters brought before the board, the board shall inform in writing all the parties involved of its decisions and reasons therefor.

(Code 1983, § 22-12.3; Ord. of 3-21-1971, art. XII, § 3)

(a)

Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the city. Such appeal shall be taken within 30 days from the time a final decision is rendered as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board notice of appeal specifying the grounds thereof. The code enforcement officer shall forthwith transmit to the board all the papers constituting the record upon which the action appealed was taken.

(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 shall have been filed with him, that by reasons of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise 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.

(c)

The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice thereof, as well as due notice to the parties of interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

(Code 1983, § 22-12.4; Ord. of 3-21-1971, art. XII, § 4)

Where the owner of a lot at the time of the adoption of these regulations, or his successor in title thereto, does not own sufficient land to enable him to meet the minimum lot size requirements of this chapter, such lot may be used as a building site for a structure; provided however, that the zoning board of adjustment may authorize any use permitted in the zone in which the lot is located if all other requirements of the zone are met.

(Code 1983, § 22-11.1; Ord. of 3-21-1971, art. XI, § 1)

The zoning board of adjustment 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 the code enforcement officer in the enforcement of this chapter. Notice requirements of S.C. Code 1976, § 6-29-790 must be satisfied.

(2)

To authorize, upon appeal in specific cases, a variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. The board must make specific findings of fact related to the three considerations set out below. Such variances may be granted in such individual case of unnecessary hardship upon a finding by the board that the following factors exist:

a.

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

b.

The application of the chapter on this particular piece of property would create an unnecessary hardship.

c.

Such conditions are peculiar to the particular piece of property involved.

(Code 1983, § 22-12.5; Ord. of 3-21-1971, art. XII, § 5)

(a)

The regulations, restrictions and boundaries set forth in this chapter may from time to time be amended, supplemented, changed or repealed by council.

(b)

A proposed amendment to the zoning ordinance may be initiated by the city council, the planning commission, the code enforcement officer, any department or agency of the city, or any other individual, corporation, or agency. A request for an amendment to the zoning map, other than a request from the city council or planning commission, including property other than that owned by the applicant, shall include a written certification that the owners or authorized agents of all properties other than that owned by the applicant for amendment are in agreement with the proposed amendment. Requests for amendments shall be submitted in writing to the code enforcement officer whose duty it shall be to present such amendments to the planning commission for review and to the city council for determination.

(Code 1983, § 22-13.1; Ord. No. 2001.216)

All proposed amendments shall be submitted to the planning commission for study and recommendation. The planning commission shall study such proposals to determine:

(1)

The need and justification for the change;

(2)

When pertaining to a change in the district classification of the property, the effect of the change, if any, on the property and on surrounding properties;

(3)

When pertaining to a change in the district classifications of property, the amount of land in the general area and in the city having the same district classification as that requested; and

(4)

The relationship of the proposed amendment to the purposes of the general planning program, with appropriate consideration as to whether the proposed change will further the purposes of this article and comprehensive plan.

(Code 1983, § 22-13.2; Ord. No. 2001.216)

Within 30 days from the date that any proposed zoning amendment is referred to it (unless a longer period shall have been established by mutual agreement between the city council and the planning commission in the particular case) the planning commission shall submit its report and recommendation to city council. The recommendation of the planning commission shall be advisory only, and shall not be binding on city council. If the planning commission does not submit its report within the prescribed time, the city council may proceed to act on the amendment without further awaiting the recommendations of the planning commission.

(Code 1983, § 22-13.3; Ord. No. 2001.216)

Before making a recommendation to city council on any proposed amendment, the planning commission shall hold a public hearing. Such public hearing shall be held at such times as the planning commission shall decide, but in no case shall it be longer than 30 days from the date of the proposed zoning amendment was referred to the planning commission.

(Code 1983, § 22-13.4; Ord. No. 2001.216)

In scheduling a public hearing concerning zoning amendments, the planning commission shall publish a notice in the newspaper of general circulation in the city at least 15 days prior to the hearing, which notice shall state the time, date and place of the hearing, shall be blocked in, and shall have an appropriate descriptive title. When a proposed amendment affects the district classification of a particular piece of property, the code enforcement officer shall cause to be conspicuously located on or adjacent to the property affected, one hearing notice for every 300 feet of street frontage or portion thereof. Such notice shall be posted at least 15 days prior to the hearing and shall indicate the nature of the change proposed, identification of the property affected, time, date, and place of the hearing.

(Code 1983, § 22-13.5; Ord. No. 2001.216)

The city council shall not reconsider a proposed amendment to the zoning map if such amendment requests a change affecting the same lot, parcel, or portion thereof, for a period of one year from the date of the amendment fee payment of the prior request unless the planning commission recommends to the city council that such reconsideration be given, after the planning commission has found either:

(1)

That there has been a substantial change in the character of the area; or

(2)

That evidence of factors or conditions exists which were not considered by the planning commission or the city council in previous deliberations which might substantially alter the basis upon which the previous determination was reached.

(Code 1983, § 22-13.6; Ord. No. 2001.216)

No request from any individual, corporation, or agency other than the city council or the planning commission for a change in zoning classification or creation of a separate district shall be considered which involves an area of less than two acres, except that the extension of existing district boundaries may be made to apply to areas of less than two acres.

(Code 1983, § 22-13.7; Ord. No. 2001.216)