The board of zoning appeals shall consist of five (5) members, to be appointed by the city council for terms of four (4) years. Prospective members shall be nominated by a city council member and approved by a majority vote of those city council members present and voting. All members must be legal residents or own a business inside of the city limits with a valid business license of the City of Pickens and shall not hold any other elected or appointed public office in Pickens County. Board of zoning appeal members shall serve no more than two (2) successive full terms. Any board of zoning appeal member whose term has expired shall continue to serve until a replacement shall have been appointed by the city council.

(Ord. No. 2013-09, § 6, 10-7-13)

The city council shall make its initial appointment of board of zoning appeal members within ninety (90) days of the adoption of the ordinance from which this section was derived. For the initial appointment, two (2) members shall serve for terms of four (4) years, two (2) members shall serve for terms of three (3) years, and one (1) member shall serve for a term of two (2) years. It shall be at the determination of the mayor as to which initial terms board of zoning appeals members are assigned.

(Ord. No. 2013-09, § 7, 10-7-13)

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 board shall appoint a member of the staff as secretary of the board.

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

A.

Call meetings of the board.

B.

Preside at meetings and hearings.

C.

Act as spokesperson for the board.

D.

Sign documents for the board.

E.

Perform other duties approved by the board.

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.

The secretary shall:

A.

Provide and publish notice of meetings and appeals.

B.

Assist the chairman in preparation of agenda.

C.

Keep minutes of meetings and hearings.

D.

Properly post property involved in appeals for variance or special exceptions.

E.

Maintain records as public records.

F.

Attend to board correspondence.

G.

Perform other duties normally carried out by the secretary.

H.

Contact all applicants who are on the agenda to verify the date of the meeting.

I.

Contact all commission members to verify their attendance of each meeting.

1006.1. Time and place. An annual schedule of regular meetings shall be adopted, published and posted at city hall in December of each year. Special meetings may be called by the chairman upon twenty-four (24) hours' notice, posted, and delivered to all members and local news media. Meetings hall be held in city council chambers and shall be open to the public.

1006.2. Agenda. A written agenda shall be furnished by the secretary to each member of the board and the news media, and shall be posted at least seven (7) days prior to each regular meeting, and at least twenty-four (24) hours prior to a special meeting. Applicants that would like to be placed on the agenda must have their completed application and/or information to the secretary no later than seven (7) days prior to the scheduled meeting. Items cannot be added to the agendas of regularly schedule meetings after the seven-day deadline. All applicants must be present at the meeting to have their case heard. If the applicant does not attend the meeting, the commission will table the case until the next scheduled meeting.

1006.3. Quorum. A majority of the members of the board shall constitute a quorum. A quorum shall be present before any business is conducted other that rescheduling the meeting.

1006.4. 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 decide 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.

1007.1. Form of appeal. Appeals from administrative decision, applications for variance and application 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.

1007.2. Time for appeal. An appeal from an administration decision must be filed within fifteen (15) days after the decision becomes a matter of public record by denial or issuance of a permit or the filing of a written decision at city hall. An appeal shall be filed by delivery of the approved appeal form to the secretary of the board who shall notify the official appealed from.

1007.3. Withdrawal of appeal. Any appeal or application may be withdrawn by written notice delivered to the secretary prior to action by the board. An appeal from an administrative decision which is withdrawn may not be refiled after the fifteen (15) days time to appeal has expired. Withdrawn application for variance and special exception may be refilled after six (6) months.

1007.4. Disposition. The board may deliberate and make final disposition of a matter by majority vote of members present and qualified to vote; provided not less than a quorum are qualified to vote. The vote may be taken at the same or subsequent meetings. A member may not vote on a matter which he or she has not heard. Deliberating and voting shall be done in public.

1008.1. 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 fifteen (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.

1008.2. Witnesses. Parties of interest may present testimony under oath. Witnesses may be compelled to attend by subpoena request at least ten (10) days prior to hearing and signed by the chairman. The board may call its own witnesses when deemed appropriate.

1008.3. 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 matter. Intimidation of witnesses will not be allowed.

1008.4. Evidence. Relevant documents, photographs, maps, plans, drawings, etc will be received in the record. Relevant testimony which is not cumulative or hearsay shall be received.

1008.5. Conduct of hearing. The normal order of hearing shall be:

A.

Statement of matter to be heard.

B.

Presentation by applicant (ten-minute limit).

C.

Presentation by official appealed (ten-minute limit).

D.

Presentation by opponents (ten-minute limit).

E.

Rebuttal by applicant (five-minute limit).

F.

Unsworn public comment.

G.

Board may question participant.

1008.6. Form of order. An order shall be issued disposing of a matter by graining or denying relief with such conditions may be deemed necessary; or affirming, modifying, or reversing an administrative decision. Findings of fact and conclusions of law shall be separately stated in an order.

1008.7. Service of order. The secretary shall deliver a copy of an order to each party of interest by certified mail immediately upon execution of the order by the chairman.

1008.8. Rehearing. The board may grant a rehearing of an application which has been dismissed or denied upon written request filed with the secretary within fifteen (15) days after delivery of the order accompanied by new evidence which could not reasonably have been presented at the hearing, or evidence of a clerical error or mutual mistake of fact affecting the outcome.

1009.1. Minutes. The secretary shall record all meetings and hearings of the commission on tape which shall be preserved until final action is taken on all matters presented. The secretary shall prepare minutes each meeting for approval by the commission at the next regular meeting. Minutes shall be maintained as public records.

1009.2. Reports. The secretary shall assist in the preparation and forwarding of all reports and recommendations of the commission in appropriate form. Copies of all notices, correspondence, reports and forms shall be maintained as public records.

1009.3. Attendance. The minutes shall show the members in attendance at each meeting and the reason for absence submitted by any member. The commission shall recommend to the governing body the removal for cause of any member who is absent from three (3) consecutive meetings without adequate reason.

A.

The board of zoning appeals is empowered 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.

B.

The board of zoning appeals may grant a variance only under exceptional circumstances, where practical difficulty or unnecessary hardship is so substantial, serious, and compelling that relaxation of the general restrictions should be granted unless the applicant shall show and the board shall find that:

1.

The particular property, because of size, shape, topography, or other physical conditions, suffers singular disadvantage through the operation of this chapter, which disadvantage does not apply to other properties in the vicinity;

2.

Because of the disadvantage, the owner is unable to make reasonable use of the affected property;

3.

This disadvantage does not exist because of conditions created by the owner or applicant; and

4.

Grant of the variance (1) will not be contrary to the public or neighborhood interest, (2) will not adversely affect other property in the vicinity, and (3) will be in harmony with the spirit, intent, and purpose of this chapter.

5.

The variance granted shall be the minimum variance that will make possible the legal use of the land, building, or structure.

C.

In passing upon an appeal or variance, the board shall not consider prospective financial loss or gain to the owner or applicant, nor shall the board by variance permit to be established or carried on in any district an activity, business, operation which is not otherwise allowed in such district by a specific provision of this chapter.

D.

In granting a variance, the board of zoning appeals may impose such reasonable and additional stipulations, conditions, or safeguards that may or may not be elsewhere prescribed in this chapter or any ordinance that, in its judgment, will better fulfill the purposes of this chapter; and, to that end, shall have all the powers of the officer from whom the appeal is taken and may 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.

E.

The board of zoning appeals can hear and decide special exceptions according to the conditions set out in the applicable zoning district regulations.

F.

The board of zoning appeals will approve or disapprove home occupations applications with a public hearing.

G.

The board of zoning appeals will approve or disapprove manufactured/nodular homes with a public hearing.

H.

The board of zoning appeals may issue permits for those uses permitted by special exception which are in accordance with the provision of this chapter and the specific conditions set forth. The board may grant, deny, or modify any request for a use permitted by special exception after a public hearing has been held on the written request submitted by an applicant. It may also attach any necessary conditions such as time limitations or requirements that one (1) or more things be done before the request can be initiated. Failure to act within sixty (60) days shall constitute approval of the request. If the request is granted, the board shall determine that:

1.

The use meets all required conditions.

2.

The use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar services.

3.

The use is not detrimental to the public health or general welfare.

4.

The use will not violate neighborhood character nor adversely affect surrounding land uses.

If the board denies the request, the reasons shall be entered in the minutes of the meeting at which the permit is denied. In granting the permit, the board may designate any necessary and appropriate condition in addition to the specific conditions contained in this chapter to assume that the proposed use will be in harmony with the area in which it is to be located and within the spirit of this chapter.

(Ord. No. 2018-09, § II, 12-3-18)