(A)   Generally.

      (1)   A Zoning Board of Appeals is hereby established which shall consist of five (5) members who are residents of South Congaree, appointed by the South Congaree Town Council.

      (2)   The term of office of the members of the Board shall be three (3) years, provided the initial Zoning Board of Appeals established under this chapter shall be appointed with the terms as follows:

         (a)   Two (2) to serve for one (1) year;

         (b)   Two (2) to serve for two (2) years; and

         (c)   One (1) for three (3) years.

      (3)   Their successors shall serve for three (3) years or until their respective successors are appointed.

      (4)   (a)   Members may be removed for cause by the Town Council upon written charges and after a public hearing.

         (b)   Vacancies shall be filled by the Town Council for the unexpired term of any member whose term becomes vacant.

         (c)   Members shall not hold any other public office in South Congaree.

   (B)   Proceedings of the Zoning Board of Appeals.

      (1)   The Board shall elect one (1) of its members Chairperson and one (1) Vice chairperson who shall serve for one (1) year or until he or she is re-elected or his or her successor is elected and qualified.

      (2)   The Board shall appoint a secretary who may be an officer of the governing authority or of the Planning Commission.

      (3)   The Board shall adopt rules in accordance with the provisions of any chapter or resolution adopted pursuant to this chapter.

      (4)   Meetings of the Board shall be held at the call of the Chairperson and at other times as the Board may determine. The Chairperson, or in his or her absence, the Vice-chairperson, may administer oaths and compel the attendance of witnesses by subpoena.

      (5)   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 the 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.

   (C)   Hearings, appeals, and notices.

      (1)   Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the town affected by a decision of the Zoning Administrator.

The appeal shall be taken within 30 days, as provided by the rules of the Board, by filing with the Zoning Administrator from whom the appeal is taken and with the Zoning Board of Appeals a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

      (2)   (a)   The Zoning Board of Appeals shall fix a reasonable time for hearing the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time.

         (b)   At the hearing, any party may appear in person or by agent or attorney.

   (D)   Stay of proceedings.

      (1)   An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Zoning Board of Appeals after notice of appeal is filed with him or her, that by reason of facts stated in the certificate, a stay would in his or her opinion, cause imminent peril to life or property.

      (2)   In this case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.

(1985 Code, § 9-201)

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

   (A)   Administrative review. To hear and decide appeals when it is alleged that there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this chapter provided that the appeal must be taken within 30 days after the order, requirement, decision or determination which is alleged to be in error is made.

   (B)   Variances. 

      (1)   (a)   The Zoning Board of Appeals may authorize upon appeal in specific cases the variances 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 would result in unnecessary hardship.

         (b)   A variance from the terms of this chapter shall not be granted by the Zoning Board of Appeals unless and until:

            1.   A written application for a variance is submitted demonstrating:

               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 to this particular piece of property would create an unnecessary hardship;

               c.   The 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 purposes and intent of the chapter 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 by this chapter; and

               e.   That granting the requested variance will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures, or buildings in the same district.

      (2)   No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or, buildings in other districts shall be considered grounds for the issuance of a variance.

      (3)   Notice of public hearing shall be posted on the property for which the variance is sought and shall be published at least 15 days prior to the public hearing in a newspaper of general circulation in the area in which the property is located.

      (4)   The hearing shall be held. Any party may appear in person, or by agent or by attorney.

      (5)   The Zoning Board of Appeals shall make findings that the requirements of division (B) above have been met by the applicant for a variance.

      (6)   The Zoning Board of Appeals shall further make finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

      (7)   The Zoning Board of Appeals shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

      (8)   In granting any variance, the Zoning Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of these conditions and safeguards, when made part of the terms under which the variance is granted, shall be deemed a violation of the chapter and punishable under § 158.999.

      (9)   (a)   With respect to uses of land, buildings, and other structures, this chapter is declared to be a definition of the public interest by the South Congaree Town Council and the spirit of this chapter will not be observed by any variance which permits a use not generally permitted in the district involved or any use expressly or by implication prohibited by the terms of this chapter in the district.

         (b)   Therefore, under no circumstances shall the Zoning Board of Appeals grant a variance to permit a use not generally permitted in the district involved, or any use expressly or by implication prohibited by the terms or this chapter in the district.

   (C)   Actions of the Board concerning appeals. In exercising the powers set forth in § 158.226, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make other requirements, decisions or determinations appealed from and may make other determinations as ought to be made, and to that end shall have the powers of the administrative official from whom the appeal is taken.

   (D)   Vote. The concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant in any matter upon which it is required to pass under §§ 158.240 through 158.246. Notice in writing of the decision of the Board shall be presented to the appellant, or postmarked, no later than the following day after the hearing. The notice shall be signed by the secretary of Chairperson and shall state explicitly the decision of the Board and any special terms of that decision.

(1985 Code, § 9-202) Penalty, see § 158.999

   (A)   Duties of the Board in reference to special exceptions.

      (1)   To hear and decide only applications for special exceptions as the Zoning Board of Appeals is specifically authorized to passed upon by the terms of this chapter;

      (2)   To decide questions that are involved in determining whether special exceptions should be granted;

      (3)   To prescribe appropriate conditions and safeguards in conformity with this chapter;

      (4)   To deny special exceptions when not in harmony with the intent and purpose of this chapter.

   (B)   Procedures.

      (1)   A written application for a special exception shall be submitted indicating the section of this chapter which the special exception is being sought and stating the grounds on which it is requested.

      (2)   Notices of public hearing shall be posted on the property for which the special exception is sought and shall be published at least 15 days prior to the public hearing in a newspaper of general circulation in the Town of South Congaree.

      (3)   The public hearing shall be held. Any party may appear in person, or by agent or attorney.

      (4)   The Zoning Board of Appeals shall make a finding that it is empowered under the section of this chapter described in the application to grant the special exception, and that the granting of the special exception will not adversely effect the public interest.

      (5)   The regulation of this chapter setting forth specific standards to be met prior to the establishment of any special exception shall be binding upon the Zoning Board of Appeals and no variance to the requirement shall be granted.

      (6)   The Zoning Board of Appeals shall grant no special exception for the establishment of any use or structure which necessitates the concomitant granting of a variance.

      (7)   The Zoning Board of Appeals may prescribe a time limit within which the action for which the special exception is required shall be begun or completed or both.

   (C)   Effects of failure to meet conditions.

      (1)   Violation of conditions and safeguards prescribed in conformity with this chapter when made a part of the terms under which the special exception is granted shall be deemed a violation of this chapter, punishable under penalties established herein.

      (2)   Failure to begin or complete, or begin and complete, an action for which a special exception is required, within the time limit specified when the time limit is made a part of the terms under which the special exception is granted shall void the special exception.

(1985 Code, § 9-203) Penalty, see § 158.999

   (A)   Any person or persons jointly or severally aggrieved by any decision of the Zoning Board of Appeals, or any taxpayer or any officer, department, board or bureau of the Town of South Congaree may present to the Circuit Court a petition, duly verified, setting forth that a decision of the Zoning Board of Appeals is illegal, in whole or in part, specifying the grounds of the illegality.

   (B)   The petition shall be presented to the court within 30 days after the filing of the decision.

(1985 Code, § 9-205)

   (A)   It is the intent of this chapter that all questions of administration and enforcement shall first be presented to the Zoning Administrator, and that the questions shall be presented to the Zoning Board of Appeals only upon reference by, or appeal from, the Zoning Administrator, and that recourse from the decisions of the Zoning Board of Appeals shall be to the courts as provided by law.

   (B)   It is further the intent of this chapter that the function of the Town Council under this chapter shall not include hearing and deciding questions of interpretation and enforcement which may arise, but that the Town Council shall have only the responsibility for acting on proposals for amendment or repeal of this chapter, and for establishing a schedule of fees and charges.

(1985 Code, § 9-206)