Powers and duties of the Board of Zoning Appeals

1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination by the Zoning Administrator in the enforcement of this act.
2. To hear and decide appeals for variance from the requirements of the Zoning Ordinance when strict application of the provisions of the ordinance would result in unnecessary hardship. A variance may be granted in an individual case of unnecessary hardship if the board makes and explains in writing the following findings:
   1. There are extraordinary and exceptional conditions pertaining to the particular piece of property;
   2. These conditions do not generally apply to other property in the vicinity;
   3. 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; and
   4. 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.
   5. 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 land, or 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.

In granting a variance, the Board may attach to it such 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, general welfare.

1. Violation of conditions and safeguards prescribed in conformity with this article, when made a part of the terms under which the variance is granted, shall be deemed a violation of this article, punishable under penalties established in this article.
2. Failure to begin or complete, or begin and complete, an action for which a variance is granted, within the time limit specified, when such time limit is made a part of the terms under which the variance is granted, shall void the variance.
3. To hear and decide special exceptions. In addition to definitive standards in this article, the Board of Zoning Appeals shall consider the following criteria for special exceptions:
   1. Traffic impact;
   2. Vehicle and pedestrian safety;
   3. Potential impact of noise, lights, fumes, or obstruction of air flow on adjoining property;
   4. Adverse impact of the proposed use on the aesthetic character of the environs, to include the possible need for screening from view; and
   5. Orientation or spacing of improvements or buildings.

In granting a special exception, the Board may attach to it such 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.

1. Violation of conditions and safeguards prescribed in conformity with this article, when made a part of the terms under which a special exception is granted, shall be deemed a violation of this article, punishable under the penalties established in this article.
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 such time limit is made a part of the terms under which the special exception is granted, shall void the special exception.
3. To decide on other matters where a decision of the Board of Appeals may be specifically required by the provisions of this ordinance.
4. 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 that end shall have all the powers of the Zoning Administrator 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 subpoena witnesses and in case of contempt may certify such fact to the Circuit Court having jurisdiction.
5. All final decisions and orders of the Board shall be in writing and be permanently filed in the office of the Board as proper record. All findings of fact and conclusions of law shall be separately stated in final decisions or orders of the Board.

Appeals from decisions of Board of Zoning Appeals.

Any person who may have a substantial interest in any decision of the Board of Zoning Appeals may appeal from any decision of the Board to the Circuit Court in and for the County of Horry by filing with the clerk of court a petition in writing setting forth plainly, fully, and distinctly wherein such decision is contrary to law. Such appeal shall be filed within thirty (30) days after the decision of the Board is mailed.