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Abbeville City Zoning Code

CHAPTER 6

- ADMINISTRATION

§ 6-100.- Zoning Administrator.

This ordinance shall be administered and enforced by the Zoning Administrator who shall have all powers and duties authorized by statute or ordinance for a zoning administrator. The duties of the Zoning Administrator shall include:

1.

Interpretation of the terms and provisions of this ordinance;

2.

Administration of this ordinance by the issuance of permits and certificates, including the collection of authorized fees;

3.

Processing applications for appeals to the Board of Zoning Appeals from decisions of the Zoning Administrator, variances and special exceptions;

4.

Preparation of the record for appeal to circuit court from decisions of the Board of Zoning Appeals;

5.

Maintenance of a current zoning map, amendments to the zoning ordinance, and all public records related to zoning and planning;

6.

Enforcement of the zoning ordinance, investigation and resolution of zoning complaints;

7.

Administrative assistance to the Board of Zoning Appeals and Historic Preservation Commission when authorized; and

8.

Such other duties as may be authorized.

§ 6-101. - Zoning Permits.

a.

Permits required. No building, sign or structure shall be erected, moved, enlarged, altered or demolished without a zoning permit issued by the Zoning Administrator. No zoning permit shall be issued by the Zoning Administrator except for a use which is in conformity with the provisions of this ordinance or for a use authorized by order of the Board of Zoning Appeals.

b.

Fees for permits. A fee established by regulation of City Council shall be paid for each zoning permit or certificate of zoning compliance issued by the Zoning Administrator.

c.

Applications for permits. Applications for zoning permits shall be accompanied by plans in duplicate drawn to scale showing the actual dimensions and shape of the lot to be used, the sizes and locations of existing structures on the lot, the location and dimensions of a proposed structure or alteration. The application shall include such other information as may be required by the Zoning Administrator to determine conformance with this ordinance, including existing or proposed buildings or alterations, existing or proposed uses of buildings and land, number of families, housekeeping units, rental units, existing conditions on adjacent property. One copy of the plans shall be returned to the applicant with the signed approval or disapproval of the Zoning Administrator noted on the copy within a reasonable time.

d.

Expiration of permits. If the work described in a zoning permit has not begun within six (6) months from the date of the permit, or within the time specified in a special exception, the permit shall expire and be void upon written notice by the Zoning Administrator.

§ 6-102. - Certificates of Zoning Compliance.

a.

Certificates required. It shall be unlawful for any person to use, occupy or permit the use or occupancy of any building or property hereafter created, erected, changed, converted, altered or enlarged, in whole or in part, until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the proposed use conforms to the requirements of this ordinance.

b.

Nonconforming uses or structures. Uses or structures made nonconforming by this ordinance may not continue without a certificate of zoning compliance issued by the Zoning Administrator which shall state that the use or structure was in existence at the time of adoption or amendment of this ordinance. The certificate of zoning compliance shall specify the features which are nonconforming, and may be used to establish a vested interest in continuation of the nonconformity.

c.

Temporary uses. Certificates of zoning compliance may be issued and renewed by the Zoning Administrator for permitted temporary uses for the times permitted by zoning district regulations.

§ 6-103. - Violations.

a.

Misdemeanor; penalties. It shall be unlawful for any person to use property, or to construct, alter, enlarge or demolish any structure without a permit or permits required by this ordinance. Conviction for violation of this ordinance is punishable as a misdemeanor under the general penalty provisions of the City Code.

b.

Withholding permits. The Zoning Administrator shall deny a zoning permit for any use or work which fails to comply with this ordinance. The Zoning Administrator or other appropriate official shall withhold all other City permits for work which violates this ordinance.

c.

Complaints. A written complaint specifying facts showing a violation of this ordinance filed by any person shall be investigated by the Zoning Administrator. Upon determination that a violation has occurred, the Zoning Administrator shall take appropriate enforcement action authorized by this ordinance.

d.

Stop work orders. The Zoning Administrator is authorized to issue a stop work order pursuant to S.C. Code § 6-29-950(A) requiring work to cease until specified code violations are corrected. Failure to comply with a stop work order of the Zoning Administrator is a misdemeanor punishable under the general penalty provisions of the City Code. Issuance of a stop work order may be appealed to the Board of Zoning Appeals.

e.

Ordinance summons. The Zoning Administrator is authorized to issue an ordinance summons pursuant to City Code provisions for violations of this ordinance.

f.

Arrest warrant. The Zoning Administrator, with concurrence of the City Attorney, is authorized to request the issuance of an arrest warrant for violations of this ordinance.

g.

Injunction. The Zoning Administrator shall submit a request to the City Attorney for institution of a civil action seeking an injunction prohibiting violation of this ordinance when appropriate.