In order for the objectives of this chapter to be more fully
and equitably achieved and a means for interpretation provided, there
is established a Board of Appeals (hereinafter referred to as the
"BOA") for Greenville.
A. Board members. The BOA shall consist of five members. The highest
elected officer of Greenville shall appoint the members subject to
confirmation by the Board. The members of the BOA shall all reside
within Greenville. The highest elected officer of Greenville shall
designate one of the members as Chairperson.
B. Terms. The terms of the first appointed shall be for one for one
year, two for two years and two for three years. Successors shall
be appointed in such manner at the expiration of each term, and their
terms of office shall be three years in all cases, beginning July
1, in the year in which they were appointed and until their successors
are appointed.
C. Vacancies and removal. Vacancies shall be filled for the unexpired
term of any member whose term becomes vacant. Members shall be removable
by the highest elected officer of Greenville for cause upon written
charges and after a public hearing.
D. Compensation. The actual and necessary expenses incurred by the BOA
in the performance of its duties shall be paid and allowed by the
Board as in cases of other claims against Greenville. The Board may
also compensate the members of the BOA and their assistants as may
be authorized by the Board.
E. Rules. The BOA shall adopt rules for the conduct of the business
of the BOA in accordance with the provisions of this chapter. The
BOA may adopt further rules as necessary. No rule may be changed without
the concurring vote of a majority of the BOA.
F. Meetings. Meetings of the BOA shall be held at the call of the Chairperson,
and at such other times as the BOA or Greenville staff may determine.
Such Chairperson or, in his or her absence, the Acting Chairperson,
may administer oaths and compel the attendance of witnesses. All meetings
of the BOA shall be open to the public.
G. Records and decisions. The BOA 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 Clerk and shall be a public record.
H. Votes required. If a quorum is present, a majority vote of the members
of the BOA present shall be necessary to reverse any order, requirement,
decision or determination of any such administrative official, or
to decide in favor of the applicant on any matter upon which it is
required to pass or to effect a variation. The grounds of every such
determination shall be stated.
The BOA is hereby vested with the following jurisdiction and
authority:
A. Appeals: to hear and decide appeals where it is alleged there is
error in any order, requirement, decision, or determination made by
the Zoning Administrator or designee in the enforcement of this chapter.
B. Variances: to hear and act upon applications for specific variances
from the terms provided in this chapter.
C. Other matters: to hear and act upon all other matters refereed to
it upon which it is required to act under this chapter.
D. Assistance. The BOA may request assistance from other Greenville
officers, departments, commissions, and boards.
E. Oaths. The Chairperson or, in his/her absence, the Acting Chairperson,
may administer oaths and compel the attendance of witnesses.
The BOA shall have the power to hear and decide applications
for interpretations of the zoning regulations and the boundaries of
the zoning districts.
Any person or persons, jointly or severally, aggrieved by any
decision of the BOA, or any taxpayer, or any officer, department,
board or bureau of the municipality, may, within 30 days after the
filing of the decision in the office of the BOA, commence an action
seeking the remedy available by certiorari.