Walhalla City Zoning Code
ARTICLE VIII
Administration, Enforcement, Appeals and Remedies
§ 330-1.57 Administration and enforcement.
It shall be the duty of the City of Walhalla Zoning Administrator to administer and enforce the provisions of this Part 1. If the Zoning Administrator finds that any of the provisions of this Part 1 are being violated, he shall:
A.
Notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it;
B.
Order discontinuance of illegal buildings, structures, uses or of illegal additions, alterations or structural changes, and discontinuance of any illegal activity; and
§ 330-1.58 Violation complaints.
Whenever a violation of this Part 1 occurs, or is alleged to have occurred, any person may file a written complaint. Such a complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Administrator. He shall record properly such complaint, immediately investigate and take appropriate action thereon.
§ 330-1.59 Appeal from decision of Zoning Administrator.
All questions arising in connection with the enforcements of this Part 1 shall be presented first to the Zoning Administrator. The Zoning Administrator shall issue a written decision to all such questions and shall send it to the person filing the complaint. Appeal may be made to the Board of Zoning Appeals by written notice given to it within 10 days after the date of receipt of the decision.
§ 330-1.60 Board of Zoning Appeals.
A.
Establishment of Board of Zoning Appeals. A Board of Zoning Appeals is hereby established. Said Board shall consist of five members, who shall be citizens of the City of Walhalla and shall be appointed by the Walhalla City Council. The members shall serve for overlapping terms of three years until their successors are appointed. Any vacancy in 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. None of the members shall hold any other public office or position in the municipality or county.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Proceedings of the Board of Zoning Appeals. The Board of Zoning Appeals shall elect a Chairperson and a Vice-Chairperson from its members, who shall serve for one year, or until reelected or until their successors are elected. The Board shall adopt rules and bylaws in accordance with this Part 1 and S.C. Code Ann. Title 6, Chapter 29. Meetings of the Board shall be held at the call of the Chairperson and at such times as the Board may determine. All meetings of the Board shall be open to the public as provided for in the bylaws and rules of the Board.
C.
Decisions of the Board of Zoning Appeals. The concurring vote of three 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 on any matter upon which it is required to pass under this Part 1, or to effect any variation of this Part 1. 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 filed immediately in the office of the Board 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 decisions and the reasons therefor.
D.
Appeals, hearings and notice.
(1)
Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Zoning Appeals 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 was taken.
(2)
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 a stay would, in his or her opinion, cause imminent peril to life and property. In such cases, 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 of notice to the Zoning Administrator from whom the appeal is taken, and on due cause shown.
E.
Powers of Board of Zoning Appeals.
(1)
The Board of Zoning Appeals has the following powers:
(a)
To hear and decide appeals where it is alleged there is error in an order, requirement, decision or determination made by the Zoning Administrator in the enforcement of the Zoning Ordinance.
(b)
To hear and decide appeals for variance from the requirements of the Zoning Ordinance when strict application of the provision of the ordinance would result in unnecessary hardship.
[1]
A variance may be granted in an individual case of unnecessary hardship if the Board makes and explains in writing the following findings:
[a]
There are extraordinary and exceptional conditions pertaining to the particular piece of property;
[b]
These conditions do not generally apply to other property in the vicinity;
[c]
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]
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.
[2]
The Board may 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 physically a nonconforming use of the land or to change the zoning district boundaries shown on the Official Zoning Map. The fact that property may be utilized more profitably, should a variance be granted, may not be considered grounds for a variance.
[3]
In granting a variance, the Board may attach conditions regarding 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.
(c)
To permit uses by special exception subject to the terms and conditions set for such uses in this Zoning Ordinance.
(2)
In exercising the above power, the Board of Appeals may, in conformity with the provisions of this Part 1, 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 duties specified in this Part 1, may subpoena witnesses and in the case of contempt may certify this fact to the Circuit Judge having jurisdiction.
(3)
All final decisions and orders of the Board must be in writing and be permanently filed in the office of the Board as a public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the Board, which must be delivered to parties of interest by certified mail.
F.
Appeals from the decisions of the Board of Zoning Appeals. A person who may have substantial interest in any decision of the Board of Appeals or an officer or agent of the appropriate governing authority may appeal from a decision of the Board to the Circuit Court in and for the City by filing with the Clerk of Court a petition in writing setting forth plainly, fully and distinctly why the decision is contrary to law. The appeal must be filed within 30 days after the decision of the Board is mailed.