(A)

A five-member Board of Zoning Appeals is hereby established.

(1)

All Board Members shall be a resident of the city. Initial appointment shall be as follows: One for five years; one for four years; one for three years; one for two years; and one for one year.

(2)

Thereafter, each new member shall serve for a term of five years or until a successor has been appointed.

(3)

The Building Official shall be an ex officio member of said board but shall have no vote on any matter before the board.

(4)

Wherever possible, the members shall be architects, engineers, building contractors, and/or building material suppliers, and one member at large. If there is none of the above available, members should have as closely related occupations as possible or other members at large.

(5)

The applicable governing body shall appoint the said board. Members shall serve without pay, but may be reimbursed for any expenses incurred while representing the board.

(B)

Vacancies shall be filled for unexpired terms; no members shall be appointed for a term in excess of five years. A vacancy in a term of office shall occur whenever it is found that a member has resigned or has not maintained the qualifications required for appointment; or whenever a member:

(1)

Has repeatedly failed to attend properly called meeting of the board without just cause; or

(2)

Has been guilty of malfeasance or misconduct in office and based upon such findings has been removed from office;

(3)

Shall be removed for cause by the Mayor or City Council upon written charges and after public hearing.

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)

(A)

The Board of Zoning Appeals shall elect a chairman and a vice-chairman from its members who shall serve for one year or until reelected or until their successors are elected. The board shall appoint a secretary, who may be a City Officer, an employee of the city, a member of the Planning Commission or a member of the Board or Appeals.

(B)

The board shall adopt rules and bylaws in accordance with the provisions of this chapter and the South Carolina Code of Laws, Title 6 chapter 29 (2000 Supplement), being S.C. Code § 6-29-790, et seq.

(C)

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 board shall meet within 15 days after receipt by City Hall of the notice of appeal and the $75 application fee. Notifications of the public and neighboring property owners shall be in accordance with § 152.318(D) and S.C. Code § 6-29-800 et seq.

(D)

Every decision shall be made by the board in accordance with § 151.317, and promptly filed in writing in the office of the Planning Director and shall be open to public inspection; a certified copy shall be sent by mail or otherwise to the applicant.

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)

(A)

The concurring vote of three members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Planning Director or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to affect any variation of the chapter.

(B)

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.

(C)

On all appeals, applications and matters brought before the Board of Appeals, the board shall inform in writing all the parties involved by certified mail of its decisions and the reasons, therefore.

(D)

Written decisions of the Board of Zoning Appeals shall be in writing and must include Findings of Fact and Conclusions of Law, pursuant to S.C. Code § 6-29-800(F).

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)

(A)

Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality or county. 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 Appeals notice of appeal specifying the ground thereof. The Planning Director shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(B)

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 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.

(C)

Each applicant for an appeal, or variance, shall at the time of making application pay a fee for the cost of advertising and mailing notices, as required by this chapter, and the rules of the Board of Appeals. The appeal process will commence with the payment of the $75 application fee.

(D)

The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice thereof by advertising for a minimum of one week in a newspaper of general circulation in the community, as well as due notice to the parties in interest, including all property owners within a minimum of 200 feet of the affected property, and decide the same within a reasonable time. Mailed notices shall be certified with a return receipt requested. At the hearing any party may appear in person or by agent or by attorney.

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)

Pursuant to S.C. Code § 6-29-780, the Board of Zoning Appeals shall have the following powers and duties:

(A)

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

(B)

Variances. To authorize upon appeal in specific cases a variance from the terms of the chapter as will not be contrary to the public interest, where, owning to special conditions, a literal enforcement of the provisions of the chapter will, in an individual case, result in unnecessary hardship, so that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual cases of unnecessary hardship upon a finding by the Board of Appeals that:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography;

(2)

The application of the chapter on this particular piece of property would create an unnecessary hardship;

(3)

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

(4)

Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of the chapter or the comprehensive plan, provided, however, that no variance may be granted for use of land or building or structure that is prohibited in a given district, except as provided in § 151.107.

(C)

Special exceptions. Special exceptions may be approved only if the Board of Zoning Appeals finds that the proposed use:

(1)

Is consistent with the recommendations contained in the city's Comprehensive Plan and the character of the base Zoning District "purpose and intent";

(2)

Is compatible with existing uses in the vicinity and will not adversely affect the general welfare or character of the immediate community;

(3)

Adequate provision is made for such items as setbacks and buffering (including fences and/or landscaping) to protect adjacent properties from the possible adverse influence of the proposed use, such as noise, vibration, dust, glare, odor, traffic congestion, and similar factors;

(4)

Where applicable, will be developed in a way that will preserve and incorporate any important natural features;

(5)

Complies with all applicable rules, regulations, laws and standards of this chapter, including, but not limited to, any use conditions, Zoning District standards, or site plan review requirements of this chapter; and

(6)

Does not hinder or endanger vehicular traffic and pedestrian movement on adjacent roads.

(7)

In granting a special exception, the Board of Zoning Appeals may attach to it such conditions regarding the location, character, or other features of the proposed building or structure 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.

(D)

Remand to planning department. To review specific cases for administrative appeals, variances, and special exceptions, upon motion by a party or the board's own motion, and in the opinion of the Board, a decision to remand the case to the Planning Department/Zoning staff if the board determines the record, including testimony and evidence presented is insufficient for review. A party's motion for remand may be denied if the board determines that the record is sufficient for review. The board must set a rehearing on the remanded matter without further public notice for a time certain within 60 days unless otherwise agreed to by the parties. The board must maintain a list of persons who express an interest in being informed when the remanded matter is set for rehearing, and notice of the rehearing must be mailed to these persons prior to the rehearing. Pursuant to S.C. Code § 6-29-800(4)

(E)

In exercising the above powers, the Board of Zoning 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 the 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 execution of the duties for which appointed, may administer oaths, may subpoena witnesses, may take testimony, and in case of contempt, may certify such fact to the circuit court in and for the County of Oconee.

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)

Pursuant to S.C. Code § 6-29-820(A), 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 Oconee 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 shall be filed within 30 days after the decision of the board is rendered. Such appeal shall be filed within 30 days after the date of the certified mailing of the decision the board has rendered in your case.

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)