§ 15.14. Powers and duties.

A.

Appeals from actions of the zoning administrator. The board shall hear and decide upon appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning administrator in the enforcement of these regulations. Notwithstanding the foregoing powers, the board shall not be entitled to review the interpretation by the zoning administrator of the provisions related to permissive uses within the zoning districts established by this article, which interpretations shall be appealed to the board of commissioners. (See Ord. No. 2008-Z-002, 09-16-08)

(1)

Who may appeal. Appeals to the board may be taken by any person aggrieved or by an officer, department, board, or bureau of the governing authority affected by any decision of the zoning administrator. Such appeals shall be filed no later than 30 days after the date of notification of the decision appealed from by filing with the zoning administrator and with the board a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all documentation constituting the record upon which the action being appealed was taken.

Legal proceedings stayed. An appeal stays all legal proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the board that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such a case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the board or by a court of record on application, on notice to the zoning administrator, and on due cause shown.

(2)

Extent of board of appeals power. The board may, in conformity with the provisions of these regulations, reverse or affirm, in whole, or in part, the requirement, decision, or determination of the zoning administrator. The board may direct the issuance or revocation of a permit. In addition, whenever the board shall find, in the case of any permit granted pursuant to the provisions of these regulations, that any of the terms, conditions, or restrictions upon which such permit was granted are not being complied with, the board may rescind or revoke such permit after giving due notice of same to all parties and an opportunity for such parties to be heard following such action. It shall be the duty of the zoning administrator to carry out the decisions of the board.

B.

Request for a variance. The board may authorize upon appeal in specific cases such variance from the terms of these regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done provided, however, that a variance shall not be granted for a use of land or building or structure that is prohibited by this ordinance in the district in question. A variance may be granted in an individual case upon a finding by the board that the following exists:

(1)

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

(2)

The application of these regulations to this particular piece of property would create a practical difficulty or unnecessary hardship; and

(3)

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

(4)

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of these regulations; provided, however, no variance may be granted for a use of land or building or structure that is prohibited by this article; and

(5)

A literal interpretation of this article would deprive the applicant of any rights that others in the same district are allowed; and

(6)

Provided that the board may impose or require such additional restrictions and standards as may be necessary to protect the health and safety of workers and residents in the community, and to protect the value and use of property within Cherokee County.

(Ord. No. 2009-Z-002, 10-6-09)