§ 6-6-57. Variances.

(a)

The provisions of this chapter shall not apply to any parcel(s) of property if the application of those provisions would constitute a compensable regulatory taking.

(1)

A compensable regulatory taking is a regulatory taking for which compensation must be paid by Greenwood County under the constitution and laws of the United States or of the State of South Carolina.

(b)

Any owner of property claiming an exemption pursuant to subparagraph 6-6-57(a) shall file a petition with the board of zoning appeals seeking a variance from the provisions of this chapter. The petition shall identify the zone(s) which affect the parcel, the particulars of the compensable regulatory taking that the applicant alleges would occur and the specifics of how the proposed development will comply with the standards for development within floodplains or regulatory floodways set forth in Appendix B if the variance is granted.

(c)

Decision by board of zoning appeals—Appeal from decision.

(1)

If the board of zoning appeals finds that the application of this article to the owner's proposed development would constitute a compensable regulatory taking, the board of zoning appeals shall, to the extent necessary to prevent the compensable regulatory taking from occurring, grant variances allowing the proposed development in accordance with the requirements of Appendix B.

(2)

If the board of zoning appeals finds that the application of this article to the owner's proposed development would not constitute a compensable regulatory taking, the board of zoning appeals shall not grant a variance.

(3)

The decision of the board of zoning appeals may be appealed to the courts of the State of South Carolina in the manner provided by S.C. Code 1976, §§ 6-29-820 through 6-29-850, as amended. The final decision of the board of zoning appeals, as modified on appeal if applicable, shall be binding on all parties.

( Ord. No. 2011-06 , §1, 4-5-11)

Editor's note

Appendix B is not set out herein, but is on file with the county.