The city board of zoning appeals shall be composed of seven members appointed by the city council. Appointments shall be for three-year terms. All members are expected to attend each regular and special meeting of the board except for valid cause upon prior notice to the chairman or secretary. Should any member be absent for three consecutive meetings without a valid excuse being presented in writing to the chairman of the board, the chairman shall notify the clerk to city council, in writing, of the vacancy. City council shall appoint members as vacancies arise to fill the then-current unexpired term of the previous member. All members shall serve without compensation but shall be reimbursed for actual expenses and mileage per city policy.

(Code 1991, § 31-151; Ord. No. 99-10, § 1, 4-27-1999; Ord. No. O03-45, 12-9-2003)

The board shall adopt rules and procedures. The board shall elect the chairman from among its members; meetings of the board shall be held at the call of the chairman and at such other times as the board shall determine; and four members of the board shall constitute a quorum. All meetings of the board shall be open to the public. 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 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 secretary to the board and shall be a public record. The decisions of the board shall be by resolution, which shall contain a statement of the grounds of its decision or action. The full text of the resolution shall be sent to the appellant. No appeal requesting the same relief in regard to the same property shall be received or heard by the board, except that this limitation shall not affect the right of the board to grant a rehearing as provided in the rules of procedure adopted by the board.

(1)

Rules of procedure.

a.

Rules. These rules of procedure are adopted pursuant to S.C. Code 1976, § 6-29-790 for the city board of zoning appeals which consists of seven members appointed by the city council.

b.

Officers. The officers of the board shall be a chairman and vice-chairman elected for one-year terms at the first meeting of the board in each calendar year. The building official or his designated representative shall serve as secretary of the board.

c.

Chairman. The chairman shall be a voting member of the board and shall:

1.

Call meetings of the board;

2.

Preside at meetings and hearings, and swear in witnesses;

3.

Act as spokesperson for the board;

4.

Sign documents for the board;

5.

Have orders of the board served on parties; and

6.

Perform other duties approved by the board.

d.

Vice-chairman. The vice-chairman shall exercise the duties of the chairman in the absence, disability, or disqualification of the chairman. In the absence of the chairman and vice-chairman, an acting chairman shall be elected by the members present.

e.

Secretary. The secretary shall:

1.

Provide and publish notice of appeals and meetings;

2.

Assist the chairman in preparation of agenda;

3.

See that property involved in appeals for variances or special exceptions is properly posted;

4.

Keep recordings and minutes of meetings and hearings;

5.

Maintain board records as public records;

6.

Serve board decisions on parties;

7.

Attend to board correspondence; and

8.

Perform other duties normally carried out by a secretary.

(2)

Meeting.

a.

Time and place. An annual schedule of regular meetings shall be adopted, published and posted at the office of the building inspections department in December of each year. Regular meetings of the city board of zoning appeals shall be held on the second Monday of each month. Special meetings may be called by the chairman upon 24 hours' notice, posted and delivered to all members and local news media. Meetings shall be held at the place and time stated in the notices and shall be open to the public.

b.

Agenda. A written agenda shall be furnished by the secretary to each member of the board and news media and shall be posted at least five days prior to each regular meeting, and at least 24 hours prior to a special meeting. Items may be removed or postponed at a meeting by majority vote.

c.

Quorum. A quorum is the number of members of any deliberative or corporate body as is necessary for the legal transaction of business, commonly a majority.

d.

Rules of order. Robert's Rules of Order shall govern the conduct of meetings except as otherwise provided by the rules of procedure.

e.

Voting. A member must be present to vote. Each member shall vote on every question unless disqualified by law. The question of disqualification shall be decided by the member affected, who shall announce the reason for disqualification, give it to the chairman in writing, have it placed in the minutes, and refrain from deliberating or voting on the question.

f.

Conduct. Except for public hearings, no person shall speak at a board meeting unless invited to do so by the board.

(3)

Appeals procedure.

a.

Form of appeal. Appeals from administrative decisions, applications for variances, and applications for special exceptions shall be filed on forms approved by the board and provided to applicants by the secretary. The board may require additional information deemed necessary. The failure to submit adequate information may be grounds for dismissal. An application filed by an agent shall be accompanied by written designation of the agent signed by the applicant or party in interest.

b.

Time for appeal. An appeal from an administrative decision shall be filed by the affected property owner within 15 days after actual notice of the decision by delivery of the approved appeal form to the secretary of the board, who shall notify the official appealed from.

c.

Calendar. Appeals and applications shall be marked with the date of receipt and placed on the hearing calendar in the order in which received. Appeals shall be heard in the order on the calendar unless otherwise set by the board for good cause shown.

d.

Continuances. The hearing of an appeal or application may be continued one time by the board for good cause shown.

e.

Notice. Public notice of a hearing of the board shall be published in a local newspaper and posted on or adjacent to the property affected at least 15 days prior to the hearing. The notice shall contain a description of each matter to be heard and identify the applicant and property affected.

(4)

Hearing procedure.

a.

Appearances. The applicant or any party in interest may appear in person or by agent or attorney. The board may postpone or proceed to dispose of a matter on the records before it in the absence of an appearance on behalf of an applicant.

b.

Witnesses. Parties in interest may present testimony under oath. Witnesses may be compelled to attend by subpoena requested at least ten days prior to a hearing and signed by the chairman. The board may call its own witnesses when deemed appropriate.

c.

Cross examination. No party shall have the right to cross examine witnesses; however, the opportunity to examine opposing witnesses may be freely extended when conducted in an orderly manner. Intimidation of witnesses will not be allowed.

d.

Evidence. Relevant documents, photographs, maps, plans, drawings, etc., will be received in the record without authentication in the form of legible copies. Relevant testimony which is not cumulative or hearsay will be received. The chairman will rule on all evidentiary matters. Evidence may be placed in the record with an objection noted.

e.

Conduct of hearing. The normal order of hearing, subject to modification by the chairman, shall be:

1.

Statement of matter to be heard (chairman or secretary);

2.

Presentation by applicant (five-minute limit);

3.

Presentation by official appealed (five-minute limit);

4.

Presentation by opponents (five-minute limit);

5.

Rebuttal by applicant (three-minute limit);

6.

Unsworn public comment when appropriate;

7.

The board may question participants at any point in the hearing;

8.

Matters in which additional time is granted may be moved to the end of the agenda.

f.

Oath to be administered by the chairman. The oath to be administered by the chairman shall be in the following form:

"Would the (applicant)/(city representative) please step forward and state your name. Please raise your right hand.

Do you ___________ solemnly affirm that the testimony you are about to give is the truth, the whole truth and nothing but the truth?"

g.

Disposition. The board may deliberate and make a final disposition of a matter by majority vote of members present at the hearing and qualified to vote; provided that not less than a quorum are qualified to vote. The vote may be taken at the same or a subsequent meeting. A member may not vote on a matter which the member has not heard. Deliberations shall be conducted and voting shall be in public.

h.

Form of order. An order shall be issued disposing of a matter by granting or denying relief with such conditions as may be deemed necessary; or affirming, modifying, or reversing an administrative decision. A matter may be dismissed for lack of jurisdiction or prosecution. Findings of fact and conclusions of law shall be separately stated in an order.

i.

Service of order. The secretary shall deliver a copy of an order to each party in interest by certified mail within ten days after the decision of the board is rendered.

(5)

Records.

a.

Minutes. The secretary shall record all meetings and hearings of the board on tape which shall be preserved indefinitely. The secretary shall prepare minutes of each meeting for approval by the board at the next regular meeting. Minutes shall be maintained as public records.

b.

Orders and documents. The secretary shall assist in the preparation and service of all orders of the board in appropriate form. Copies of all notices, correspondence, documentary evidence, orders and forms shall be maintained as public records.

c.

Attendance. The minutes shall show the members in attendance at each meeting and the reason for absence submitted by any member. The board shall recommend to the city council the removal for cause of any member who is absent from three consecutive meetings without adequate reason.

(6)

Adoption. The rules of procedure may be amended at any regular public meeting of the board by majority vote of the members of the board at least seven days after the written amendment is delivered to all members.

(Code 1991, § 31-152)

The city council shall provide such administrative and clerical assistance and office space as is required by the board to carry out its function under the provisions of this chapter.

(Code 1991, § 31-153)

(a)

An appeal from any final order or decision of the building inspections department shall be taken to the board of zoning appeals by any person aggrieved. An appeal is taken by filing with the building inspections department a written notice of appeal specifying the grounds therefor. When delivered to the building inspections department, a notice of appeal shall be considered filed and the date and time of filing shall be entered on the notice.

(b)

An appeal shall be filed within 15 days following the date of the decision or order appealed.

(c)

Whenever an appeal is filed, the building inspections department shall forthwith transmit to the board of zoning appeals all the papers constituting the record upon which the action is appealed.

(d)

An appeal stays all actions by the building inspections department seeking enforcement of or compliance with the order or decision appealed from, unless the building inspections department certifies to the board of zoning appeals that (because of facts stated in the certificate) a stay would, in its opinion, cause imminent peril to life or property. In that case, proceedings shall not be stayed except by order of the board of zoning appeals or a court, issued on application of the party seeking the stay, for due cause shown, after notice to the building and zoning department.

(e)

The board of zoning appeals shall reverse or affirm (wholly or partly) or shall modify the order, requirement, decision, or determination appealed from and shall make any order, requirement, decision, or determination that in its opinion ought to be made in the case before it. To this end, the board shall have 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 its duties for which it was appointed, may subpoena witnesses in the case of contempt.

(Code 1991, § 31-161)

(a)

As the result of an appeal, the board of zoning appeals is authorized to interpret the official zoning map and to vote upon disputed questions of district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the building inspections department, it shall be handled as provided in section 44-291(3).

(b)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of alleys, streets, highways, streams, or railroads shall be construed to follow such centerlines;

(2)

Boundaries indicated as approximately following lot lines, city limits, or extraterritorial boundary lines shall be construed as following such lines, limits or boundaries;

(3)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as following such shorelines;

(4)

Where a district boundary divides a lot or where distances are not specifically indicated on the official zoning map, the boundary shall be determined by measurements, using the scale of the official zoning map;

(5)

Where any street or alley is hereafter officially vacated or abandoned, the regulation applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment;

(6)

Divided lots. Where a district boundary divides a lot which was in single ownership at the time of passage of the ordinance from which this article is derived, the board of zoning appeals may permit, as a special exception, the extension of the regulations for either portion of the lot, not to exceed 50 feet beyond the district line into the remaining portion of the lot.

(Code 1991, § 31-162)

(a)

An application for a variance shall be submitted to the board of zoning appeals by filing a copy of the application with the building inspections department. Applications shall be handled in the same manner as applications for special exception permits in conformity with the provisions of article VI of this chapter.

(b)

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

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property;

(2)

These conditions do not generally apply to other property in the vicinity;

(3)

Because of these conditions, the application of the chapter to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property;

(4)

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 granting of the variance nor will the granting of a variance impair the purpose and intent of this chapter or the comprehensive plan;

(5)

The board shall 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 a physically nonconforming use of land, or to change the district boundaries shown on the official zoning map;

(6)

Furthermore, the hardship complained of cannot be self-created; nor can it be established on this basis by one who purchases with or without knowledge of the restrictions; it must result from the application of this article; it must be suffered directly by the property in question; and evidence of variance granted under similar circumstances shall not be considered.

(c)

In exercising the previously listed powers, the board of zoning 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 of the planning official, and to that end shall have all the powers of the office from whom the appeal is taken and may issue or direct the issuance of a permit. The board, in the execution of the duties for which it is appointed, may subpoena witnesses in case of contempt.

(d)

In granting variances, the board of zoning appeals may impose such reasonable conditions as will ensure that the use of the property to which the variance applies shall be as compatible as practicable with the surrounding properties.

(e)

A variance may be issued for either a specified duration or an indefinite duration. Unless otherwise determined by the board of zoning appeals, when a variance is granted, it is approved for the location and remains in effect regardless of ownership.

(f)

The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit (or the zoning permit shall simply note the issuance of the variance and refer to the written record of the variance for further information). All such conditions are enforceable in the same manner as any other applicable requirement of this chapter.

(g)

When the board of zoning appeals approves a variance request, the approval shall only apply to the specific variance requested.

(Code 1991, § 31-163)

(a)

When an appeal is taken to the board of zoning appeals in accordance with this article, the board's staff shall have the initial burden of presenting to the board sufficient evidence and argument to justify the order or decision appealed. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who shall also have the burden of persuasion.

(b)

The burden of presenting evidence sufficient to allow the board of zoning appeals to reach the conclusions set forth in sections 44-140 and 44-291(3), as well as the burden of persuasion on those issues, remains with the applicant making an appeal, requesting a variance, or seeking a special exception.

(Code 1991, § 31-164)

(a)

With respect to appeals, a motion to reverse, affirm, or modify the order, requirement, decision, or determination appealed from shall include, insofar as practicable, a statement of the specific reasons or findings that support that motion.

(b)

Before granting a variance, the board must take a separate vote and vote affirmatively on each of the required findings stated in section 44-311(b). Insofar as practicable, a motion to make an affirmative finding on each of the requirements set forth in section 44-311(b) shall include a statement of the specific reasons or findings of fact supporting such motion.

(c)

If the board votes to approve a request for a special exception, it approves the location of that specific use only on the property which is the subject of the application based on all of the conditions contained in section 44-140, as well as all the conditions attached to the request by the board at the public hearing when it considers the application.

(d)

A motion to deny a variance shall be made on the basis that any one or more of the criteria set forth in section 44-291(3) are not satisfied or that the application is incomplete. Insofar as practicable, such a motion shall include a statement of the specific reasons or findings of fact that support it.

(Code 1991, § 31-165)

All appeals and applications shall be subject to the public meeting requirements set forth in the rules of procedure for the city board of zoning appeals. See section 44-291(1).

(Code 1991, § 31-166)

A majority vote of the members constituting a quorum 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 affect any variation of this chapter. 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 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 planning official and shall be public record. On all appeals, applications and other matters brought before the board of zoning appeals, the board shall inform in writing all the parties involved of its decision and the reasons therefor.

(Code 1991, § 31-167)

Any person who may have a substantial interest in any decision of the board of zoning appeals may appeal from any decision of the board to the circuit court in and for the county, 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 sent by certified mail to all interested parties.

(Code 1991, § 31-168)

(a)

Every decision of the board of zoning appeals granting or denying a special exception permit and every final decision of the board of zoning appeals shall be subject to review by the circuit court of the county by proceedings in the nature of certiorari.

(b)

Any petition for a writ of certiorari shall be filed with the county clerk of court within 30 days after a written copy of the board's decision has been filed in the building inspections department, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such a copy with the secretary or chairman of the board at the time of its hearing of the case, whichever is later. The decision of the board may be delivered to the aggrieved party either by personal service or by certified mail, return receipt requested.

(c)

A copy of the petition for the writ of certiorari shall be served upon the city.

(Code 1991, § 31-169)

(a)

General. This section establishes the duties and responsibilities for the zoning code official and other officials and agencies, with respect to the administration of this Code. The zoning code official and/or designee shall be referred to hereafter as "the code official."

(b)

Duties. The building official may appoint such number of technical officers and other employees as shall be authorized from time to time. The building official shall be permitted to deputize such employees as may be necessary to carry out the functions of this Code.

(c)

Review and approvals. The building official shall be authorized to undertake reviews, make recommendations and grant approvals as set forth in this Code.

(d)

Administrative reviews and permits. All applications for building permits and amendments thereto shall be submitted to the building official for review and approved prior to permit issuance. Each applicant shall include a set of building plans and all data necessary to show that the requirements of this Code are met.

(e)

Site plan review. The building official shall receive all applications for site plan review and review for completeness and prepare submittals for review by the appropriate body.

(f)

Conditional use permits and variances. The building official shall receive all requests for conditional uses, variances and special exceptions as required by this Code and shall review for completeness and prepare submittals for review by the appropriate body.

(g)

Amendments. All requests for amendments or changes to the comprehensive plan or zoning ordinance or map shall be submitted to the planning official for processing.

(h)

Interpretations. The interpretation and application of the provisions of this Code shall be by the building official. An appeal of an interpretation by the building official shall be submitted to the board of zoning appeals, who, unless otherwise provided, is authorized to interpret the Code, and such interpretation shall be considered final.

(i)

Liability. The building official charged with the enforcement of this Code, acting in good faith and without malice in the discharge of the duties described in this Code, shall not be personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suite brought against the building official or employee because such act or omission performed by the building official or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the enforcement agency shall be defended by the jurisdiction until final termination of such proceedings, and any jurisdiction. This Code shall not be construed to relive from or lessen the responsibility of any person owning, operating or controlling any building or parcel of land for any damages to persons or property caused by defects, nor shall the enforcement agency or its jurisdiction be held as assuming any such liability by reason of the reviews or permits issued under this Code.

(j)

Cooperation of other officials and officers. The building official may request, and shall receive so far as is required in the discharge of the duties described in this chapter, the assistance and cooperation of other officials of the jurisdiction.

(Code 1991, § 31-171)