A. Establishment of Zoning Board of Appeals. The Colleton County zoning board of appeals (ZBA) is hereby established under the provisions of the S.C. Code, § 6-29-780.

B. Powers and Duties of the Board of Appeals. The board of appeals shall have the following powers and duties:

1. To Hear and Decide Appeals, Generally. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the enforcement officer of the ordinance codified in this title.

2. To Grant Variances, Generally. To authorize upon appeal in specific cases a variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance will, in an individual case, result in the unnecessary hardship so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship in accord with the conditions for approval set out in subsection 14.36.050(C) of this title.

C. Decisions of the Board of Appeals. In exercising the above powers, the concurring vote of a majority of the members present and constituting a quorum shall be required to reverse or affirm, wholly or in part, or modify any order, requirement, decision, or determination of the county official, or to decide in favor of the applicant on any matter upon which it is required to pass under this title, and to that end, shall have 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 having jurisdiction.

All final decisions and orders of the board shall be in writing and be permanently filed in the office of the board as 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.

D. Composition of the Board of Appeals. The zoning board of appeals shall consist of five members appointed by the county council for overlapping terms of four years. One member first appointed shall serve for two years, two members first appointed shall serve for three years, and two members first appointed shall serve for four years.

No more than one person shall represent a given profession. To the extent possible, membership shall be representative of the racial and gender composition of the county. No member shall be the holder of an elected public office in Colleton County.

Members shall serve until their successors are appointed and qualified.

E. Compensation. Members of the board of appeals shall serve without compensation. Reimbursement for actual expenses incurred in the performance of official duties may be reimbursed from budgeted funds pursuant to reimbursement policies and procedures far employees of the county.

F. Removal of Members. Members of the board of appeals may be removed at any time by county council for cause. The existence of cause shall be discussed by the council in executive session as permitted by the Freedom of Information Act, S.C. Code, § 30-4-70(a)(1), and the determination of removal shall be by vote in public session declaring a vacancy in the position without a statement of cause. Any fact which, in the discretion of council, is deemed to adversely affect the public interest, including lack of attendance at meetings, may constitute cause.

G. Organization and Rules of Procedure. The zoning board of appeals shall organize, elect officers, and adopt rules of procedure as required by S.C. Code, § 6-29-790. (Ord. 99-O-25 § 11.2, 1999)