A Zoning Board of Appeals is hereby established. Said Board shall consist of five members, who shall be citizens on the of the City of Liberty and shall be appointed by the Liberty City Council for overlapping terms of 3 years. Initial appointment shall be as follows: One (1) member for a term of three (3) years; one (1) member for a term of two (2) years; and one (1) member for a term of one (1) year. 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.

(Ord. No. 09-0912, 10-10-2016; Ord. No. 17-0717, § 5, 7-17-2017; Ord. No. 2022-01, § II, 6-30-2022)

The Zoning Board of Appeals shall elect a chairman and a vice-chairman from its members who shall serve for one (1) year or until re-elected or until their successors are elected. The Board shall appoint a secretary, who may be a City officer, an employee of the City, or a member of the Board of Appeals. The Board shall adopt rules and bylaws in accordance with the provisions of this Ordinance and of the General Statutes of South Carolina, 1976 Code of Law, 1984 Cumulative Supplement, Title VI, Chapter 29, Section 780. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public.

The concurring vote of two (2) members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance or to affect any variation of this Ordinance. 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 Board and shall be a public record. On all appeals, applications and matters brought before the Board of Appeals, the Board shall inform in writing all the parties involved of this [their] decisions and the reasons therefore.

(Ord. No. 17-0717, § 6, 7-17-2017)

Appeals to the Board may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality. An appeal from an administrative decision must be filed within 30 days after the decision becomes a matter of public record by denial of issuance of a permit or the filing of a written decision in the office of the Zoning Administrator. An appeal shall be filed by delivery of the approved appeal form with the officer from whom the appeal is taken and with the Board of Appeals notice of appeal specifying the ground thereof. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

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 reason of facts stated in the certificate of 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.

The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, within thirty (30) days of when the appeal was filed, and give public notice thereof in a newspaper of general circulation in the community and post a sign on the property affected by the zoning appeal at least fifteen (15) days prior to the meeting, as well as provide notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney.

The Zoning Board of Appeals shall have the following powers and duties:

904.1 To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of this act.

904.2 To authorize, upon appeal in specific cases, a variance 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 the Ordinance will, in an individual case, result in unnecessary hardship, so that the spirit of the Ordinance shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual cases as unnecessary hardship upon a finding by the Board of Appeals that:

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 Ordinance on this particular piece of property would create an unnecessary hardship;

c)

such conditions are peculiar to the particular piece of property involved;

d)

relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of the Ordinance or the comprehensive plan, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited in a given district.

904.3 To decide on other such matters where a decision of the Board of Appeals may be specifically required by the provisions of the Ordinance.

In exercising the above powers, the Board of Appeals may, in conformity with the provisions of this act: reverse or affirm wholly or in part, or may modify the order, requirements, decision, or determination; 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. The Board, in the execution of the duties for which appointed, may subpoena witnesses and in case of contempt may certify such fact to the circuit court in and for the County of Pickens.

Any person who may have a substantial interest in any decision of the Board of Appeals may appeal any decision of the Board to the Circuit Court in and for the County of Pickens by 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 must be filed with the Clerk of Court within thirty (30) days after the decision of the board is mailed.

906.1 Planning Commission.

1.

Planning Commission: The official name of the Planning [Commission] shall be the Liberty Planning Commission.

2.

Authority: The Liberty Planning Commission is hereby created in accordance to Article X of the Official Zoning Ordinance of the Town of Liberty.

906.2 Membership.

1.

Eligibility: Any individual that resides within the corporate limits of the Town of Liberty, South Carolina.

2.

Election of Secretary: Any individual deemed eligible that has been duly selected and approved by Town Council.

3.

Length of Term: Planning Commission Members shall serve a staggered term of three years that will commence with notification from the Town Council and last until December 31 of the year in which the term expires. Three members will serve a three-year term, and two members will serve a two-year term. Members of the Planning Commission may be reappointed without limit.

4.

Resignation: Any member of the Planning Commission may resign at any time by submitting notice of resignation to the Secretary.

906.3 Officers.

1.

Officers: Annually, at the regular meeting of the Planning Commission meeting held the month of January, the Commission shall elect a Chairman, Vice Chairman, and a Secretary. The officers may succeed themselves. The Planning Commission shall have five members.

2.

Tenure: The officers shall serve from the date of their election until January 30 of the following year or until their successors shall have been elected.

3.

Chairman: The Chairman shall preside at all meetings of the Planning Commission and at other meetings and public hearings called by the Commission.

4.

Vice Chairman: The Vice Chairman shall serve as Chairman in the absence or disability of the Chairman. In the event of the death or resignation of the Chairman, the Vice Chairman shall perform the latter's duties until such time as the Commission shall elect a new Chairman.

5.

Secretary: The secretary shall assist the Chairman in the preparation of agenda for Planning Commission meetings, shall prepare and send out notices for regular and special meetings, shall prepare and distribute minutes of the Commission meetings.

6.

Additional Duties: The Chairman, Vice Chairman, and Secretary shall perform such other duties and functions as may from time to time be required by the Commission by its by-laws.

906.4 Meetings.

1.

Regular Meetings: Meetings of the Planning Commission shall be held as needed.

2.

Special Meetings: Special meetings may be held at the call of the chairman or of an acting chairman, provided that notice of such meetings shall be given to all members at least twenty-four (24) hours before the hour for which the meeting is called.

3.

Open Meetings and Records: All meetings of the Planning Commission at which official action is taken shall be open to the public and all records of the Commission shall be a public record.

4.

Quorum: Three members shall constitute a quorum of this Commission for transacting business and taking official action. Whenever a quorum is not present at a regular or special meeting, those present may postpone the meeting to another day or hold the meeting for the purpose of considering such matters as are on the agenda or introduced by members. No action taken at such a meeting shall be official unless and until ratified and confirmed in a subsequent meeting of this Commission at which a quorum is present.

5.

Voting: Voting shall be by vote and shall not be recorded by yeas and nays unless such a record is requested at the time the vote is taken by a member of this Commission.

6.

Conflict of Interest: No member shall vote or participate in discussion on any issue in which they have a personal, professional, or financial interest.

7.

Attendance by Commissioners: No member of the Commission shall miss three consecutive meetings without due cause. Absence from the three consecutive meetings shall be considered appropriate cause for dismissal of the member from the Commission by the Town Council. A new member shall then be appointed by the Mayor and Council.

8.

Proxy: None shall be accepted.

9.

Parliamentary Procedure: Procedure in all meetings of this Commission shall be governed by Roberts Rules of Order except when such rules of order are in conflict with Commission By-Laws.

906.5 Committees.

1.

Special Committees: The Chairman of this Commission may create special committees, without limit to the number of members, to study matters which in his judgment would not be properly included in the work of the Commission. He shall designate one member of each committee as its Chairman.

2.

Committee Meetings: Any committee shall meet at the call of its Chairman.

3.

Quorum Ratification: A majority of its members shall constitute a quorum of any committee. When a quorum is not present at a committee meeting, the Chairman of the Commission may designate other members of this commission as temporary members of such committee with full functional rights in that particular meeting. In the absence of a quorum any member of the committee, after reviewing the fill and after discussion with a member who was present, may join in making a recommendation to this Commission; if a majority action of the committee is so attained, the resultant recommendation may be received. However, such satisfying action shall be called to the attention of this Commission at the time of presentation.

906.6 Amendment to the Bylaws.

1.

Amendments to the By-Laws: Changes may be made to the by-laws of the Planning Commission by the affirmative vote of three members of the planning commission.

(Ord. No. 09-0912-A, 10-10-2016; Ord. No. 17-0717, §§ 7—10, 7-17-2017)