[R.O. 1993 § 400.150; Ord. No.
1431 § XV, 8-13-1968]
A. A Board
of Adjustment is hereby created. The Board shall consist of five (5)
members and three (3) alternate members, all to be residents of the
City, appointed by the Mayor and approved by the City Council, each
to be appointed for a term of five (5) years, excepting that when
the Board shall first be created, one (1) member shall be appointed
for a term of five (5) years, one (1) for a term of four (4) years,
one (1) for a term of three (3) years, one (1) for a term of two (2)
years, and one (1) for a term of one (1) year. Members shall be removable
for cause by the Mayor and City Council upon written charges and after
public hearing. Vacancies shall be filled for the unexpired term of
any member whose term becomes vacant.
B. The
Board shall elect its own Chairman who shall serve for one (1) year.
The Board of Adjustment shall adopt rules for the conduct of its business,
establish a quorum and procedure, and keep a public record of all
findings and decisions. Meetings of the Board shall be held at the
call of the Chairman and at such other times as the Board may determine.
Such Chairman, or in his/her absence the Acting Chairman, may administer
oaths and compel the attendance of witnesses. All meetings of the
Board shall be open to the public. The Board shall keep minutes of
its proceedings, showing the vote of each member upon 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. All testimony, objections thereto and rulings thereon,
shall be taken down by a reporter employed by the Board for that purpose.
C. An
appeal may be taken to the Board of Adjustment by any person, group
or organization, public or private, affected by a decision of the
City Engineer. Such appeal shall be taken within thirty (30) days
of such written decision by filing with the City Engineer and the
Board of Adjustment a notice of appeal specifying the grounds thereof.
A fee of twenty-five dollars ($25.00) shall accompany all notices
of appeals. The City Engineer shall forthwith transmit to the Board,
all papers constituting the record upon which the action appealed
from was taken. An appeal stays all proceedings in furtherance of
the action appealed from, unless the officer from whom the appeal
is taken certifies to the Board of Adjustment after the notice of
appeal shall have been filed with him/her that by reason of facts
stated in the certificate a stay would, in his/her opinion, cause
immediate peril to life or property. In such case proceedings shall
not be stayed otherwise than by a restraining order which may be granted
by the Board of Adjustment or by a court of record on application
or notice to the officer from whom the appeal is taken and on due
cause shown. The Board of Adjustment shall fix a reasonable time for
the hearing of the appeal, give public notice thereof, as well as
due notice to the parties in interest and decide the same within a
reasonable time. Upon the hearing any party may appear in person or
by agent or by attorney.
D. The
Board of Adjustment shall have the following powers:
1. To hear and decide appeals where it is alleged there is an error
in any order, requirement, decision or determination made by the City
Engineer in the enforcement of this Chapter, and may affirm or reverse,
in whole or part, said decision of the Enforcement Officer. The concurring note of four (4) members of
the Board shall be necessary to reverse any order, requirement, decision
or determination of the City Engineer or to decide in favor of the
applicant on any matter upon which it is required to pass under and
such ordinance or to effect any variation in such ordinance.
2. To hear requests for variances from the literal provisions of this
Chapter in instances where strict enforcement of this Chapter would
cause undue hardship due to circumstances unique to the individual
property under consideration and grant such variances only when it
is demonstrated that such action will be in keeping with the spirit
and intent of the provisions of this Chapter. The Board of Adjustment
shall not permit, as a variance, any use in the district that is not
permitted under the ordinance. The Board of Adjustment may impose
conditions in the granting of a variance to insure compliance and
to protect adjacent property.
3. To hold public hearings on and decide the following exceptions to
or variations of this Chapter.
a. To permit the extension of a district where the boundary line thereof
divides a lot held in a single ownership at the time of adoption of
this Chapter.
b. Interpret the provisions of this Chapter in such a way as to carry
out the intent and purpose of the plan, as shown upon the Zoning District
Map where the street layout on the ground varies from the street layout
as shown on this map.
c. Permit reconstruction of a non-conforming building otherwise prohibited by Section
400.100 where such action would not constitute continuation of a monopoly.
d. Vary the yard regulations where there is an exceptional or unusual
physical condition of a lot, not generally prevalent in the neighborhood,
which condition when related to the yard regulations of this Chapter
would prevent a reasonable or sensible arrangement of buildings on
the lot.
e. Vary the parking regulations by not more than fifty percent (50%)
where it is conclusively shown that the specific use of a building
would make unnecessary the parking spaces otherwise required by this
Chapter, or where it can be conclusively shown that adequate off-street
parking to serve a particular use has been provided by or is controlled
by the Municipality.
E. Decisions
of the Board in respect to the above shall be subject to appeal to
the Circuit Court of Mississippi County within thirty (30) days after
the filing of the decision in the office of the Board.
[R.O. 1993 § 400.160; Ord. No.
1431 § XVI, 8-13-1968; Ord. No. 1540 § 1, 4-14-1970]
A. It
shall be the duty of the person designated by the City Manager as
City Engineer to administer and enforce the regulations contained
herein.
B. It
shall be unlawful to commence or to proceed with the erection, construction,
reconstruction, conversion, alteration, enlargement, extension, raising,
or moving of any building or structure, or of any portion thereof,
without first having applied in writing to the City Engineer for a
building permit to do so and, until a building permit has been granted
therefor.
C. Subsequent
to August 13, 1968, no change in the use or occupancy of land, nor
any change of use or occupancy in an existing building, other than
for single-family dwelling purposes, shall be made, nor shall any
new building be occupied until a certificate of occupancy has been
issued by the City Engineer. Every certificate of occupancy shall
state that the new occupancy complies with all provisions of this
Chapter. No permit for excavation for or the erection or alteration
of any building shall be issued before the application has been made
and approved for a certificate of occupancy and compliance, and no
building or premises shall be occupied until such certificate and
permit is issued. A record of all certificates of occupancy shall
be kept on file in the office of the City Engineer, and copies shall
be furnished on request to any person having a proprietary or tenancy
interest in land or a building affected by such certificate of occupancy.
[R.O. 1993 § 400.170; Ord. No.
1431 § XVII, 8-13-1968]
A. The
City Council may, from time to time, on its own motion or on petition,
amend, supplement, change, modify or repeal by ordinance the boundaries
of districts or regulations or restrictions herein established. Any
proposed amendment, supplement, change, modification or repeal shall
first be submitted to the City Plan Commission for its recommendations
and report. If the City Plan Commission makes no report within thirty
(30) days, it shall be considered to have made a report approving
the proposed amendment, supplement, modification, or change. Upon
the filing of the recommendations and report by the City Plan Commission
with respect to any proposed amendment, supplement, change, modification,
or repeal, the City Council shall proceed to hold a public hearing
in relation thereto, giving at least fifteen (15) days' notice of
the time and place of such hearing, which notice shall first be published
in a newspaper having a general circulation in the City of Charleston.
B. In
case of an adverse report by the City Plan Commission or if a protest
against such proposed amendment, supplement, change, modification,
or repeal shall be presented in writing to the City Clerk, duly signed
and acknowledged by the owners of thirty percent (30%) or more, either
of the area of the land (exclusive of streets, places, and alleys)
included within such proposed amendment, supplement, change, modification,
or repeal, or within an area determined by lines drawn parallel to
and one hundred eighty-five (185) feet distant from the boundaries
of the district proposed to be changed, such amendment, supplement,
change, modification, or repeal shall not become effective except
by the favorable vote of four-fifths (4/5) of all the members of the
City Council.