A.

The South Carolina Code of Laws specifically authorizes the zoning ordinance to provide for a Board of Zoning Appeals (BZA) as part of the administrative mechanism designed to administer and enforce the provisions of this ordinance. The TOWN COUNCIL has hereby created a Board of Zoning Appeals with the authority to make certain final decisions concerning this ordinance, subject to appeal to circuit court. In addition, the BZA may remand a matter to the ZONING ADMINISTRATOR if the record is insufficient for the Board's review.

B.

The powers of the Board are limited to three (3) specific subject matter areas:

1.

Determining appeals from administrative decisions of the ZONING ADMINISTRATOR;

2.

Granting or denying applications for VARIANCEs; and

3.

Granting or denying applications for special exceptions.

A.

Authority and Limitations.

1.

The Board shall have the exclusive power to hear and decide appeals where it is alleged the ZONING ADMINISTRATOR, in the enforcement of this ordinance, erred in an order, requirement, decision, or determination.

2.

The Board has all the powers of the ZONING ADMINISTRATOR in such cases and may issue, or direct the issuance of, a permit.

3.

In exercising its authority, the Board of Zoning Appeals may reverse or affirm, wholly or in part, or may modify the administrative order, requirements, decision, or determination. The Board, in the execution of its duties, may subpoena witnesses and, in case of contempt, may certify such fact to the circuit court having jurisdiction.

B.

Hearing.

1.

Newspaper Notification. The Board shall fix a reasonable time for hearing the appeal or other matter referred to it and give at least 15 days public notice thereof in a newspaper of general circulation within the TOWN, as well as due notice to the parties in interest as specified below and shall render its decision within a reasonable time. At the hearing, any party may appear in PERSON or by representative.

2.

Parties in Interest. For cases involving a specific property, the ZONING ADMINISTRATOR shall give notice of a hearing to the applicant and owners of all real property located within 300 feet of the subject property.

a.

The notice shall be given to the owner of the properties as shown on current tax records at least 30 days prior to the date set for a public hearing. If a single STRUCTURE contains more than two (2) DWELLING UNITs, notice may be given to the manager or owner of the STRUCTURE.

b.

If the subject property is located in an area which is subject to the restrictive covenants of an owners' association or REGIME, notice of the public hearing shall be provided to the association or REGIME, as applicable.

c.

Notice to a partnership may be made by serving any partner. Notice to a corporation may be made on any officer. Notice to an owners' association or REGIME may be made to a designated officer, manager or contact PERSON.

C.

Decisions.

1.

When deciding an administrative appeal, the Board is not bound by the conclusion or reasoning of the ZONING ADMINISTRATOR and may consider and apply the appropriate provisions of this ordinance as dictated by the facts before it.

2.

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the ZONING ADMINISTRATOR 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 or her 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 ZONING ADMINISTRATOR, and on due cause shown.

D.

Timing. An appeal of an administrative decision shall be filed within 30 days from the date the appealing party has received actual notice of the action from which the appeal is taken. Written notice of the appeal shall be filed with the ZONING ADMINISTRATOR specifying the grounds for the appeal. The ZONING ADMINISTRATOR shall forthwith transmit to the Board the notice of appeal and all papers, documents, and exhibits constituting the record upon which the action appealed from was taken.

A.

Authority and Limitations.

1.

The Board has the power to hear and decide requests for VARIANCEs when strict application of the zoning ordinance would result in unnecessary hardship.

2.

A VARIANCE allows the Board to modify an otherwise legitimate zoning restriction when, due to unusual conditions of the property, the restriction may be more burdensome than was intended. The VARIANCE must not impair the public purpose, as stated in Section 1.1 B of this ordinance.

3.

In granting a VARIANCE, the Board may attach conditions. These conditions may affect the location, character or other features of the proposed BUILDING, 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, or general welfare.

B.

Hearing. A public hearing shall be conducted and notice provided, as specified in Section 20.2 B.

C.

Decisions.

1.

The Board of Zoning Appeals shall only grant a VARIANCE in an individual case of unnecessary hardship if the Board finds and explains, in writing, that all the following criteria have been satisfied:

a.

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

b.

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

c.

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

d.

Detriment. 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 the granting of the VARIANCE.

e.

Self-created. An owner shall not be entitled to relief from a self-created or self-inflicted hardship. A claim of unnecessary hardship shall not be based on conditions created by the owner.

f.

Profitability. The fact that the property may be used more profitably, if a VARIANCE is granted, may not be considered as grounds for a VARIANCE.

2.

The board shall not grant a VARIANCE the effect of which would be to allow:

a.

Establishment of a use not otherwise permitted in a zoning district; or

b.

Physical extension of a NONCONFORMING use of land; or

c.

Change the zoning district boundaries shown on the official ZONING MAP.

If provided for in this ordinance, the Board of Zoning Appeals shall have the authority to review and decide applications for special exceptions, subject to any terms, conditions, and limitations which may be set for such uses in this ordinance.

A.

After a vote on an application, a record of action containing the decision of the Board shall be transmitted to the applicant by the ZONING ADMINISTRATOR. The decision shall be binding and, whenever a permit is authorized, the terms and conditions of the decision shall be incorporated into the permit.

B.

A decision of the Board on an administrative appeal shall not be in effect and acted upon by the TOWN until the expiration of five (5) days from the date of the Board's decision unless the Board finds the immediate effect of a decision is necessary for the preservation of property or personal rights and shall so certify on the record. Decisions by the Board on all other matters not on appeal are effective upon the date of the Board's decision.

C.

Any party adversely affected by a decision of the Board may appeal the decision in the manner provided in Section 20.6 of this ordinance.

A.

Any PERSON who may have a substantial interest in any decision of the Board of Zoning Appeals may appeal any decision of the Board to the circuit court in and for Charleston County.

B.

An appeal petition to circuit court must be filed with the clerk of court within 30 days after the decision of the Board is mailed.