5.1.1:

For purposes of administering and enforcing this Ordinance, the position of "Zoning Administrator" is hereby established for the County of Abbeville; said "Zoning Administrator" is to be responsible to the County Director. Further, the person designated as "Zoning Administrator" is hereby assigned the duty and authority to administer and enforce the provisions of this Ordinance. The position of "County Planner" may also serve as "Zoning Administrator."

5.1.2:

No building, sign or other structure shall be erected, moved, added to, or structurally altered without a permit therefore, issued by the Zoning Office. No Zoning Compliance Permit shall be issued by this office except in conformity with the provisions of this Ordinance.

5.1.3:

All plats of land within designated special flood hazard zones shall have the elevation of the land based upon mean sea level noted thereon, or in the case of older approved plats, a statement from a surveyor or engineer correctly identifying the property and attesting to the elevation.

5.1.4:

One copy of the Zoning Compliance form shall remain with the Zoning Office and be shown as approved by the signature of a representative of that office and the current date.

5.2.1:

Administrative Officer: This Ordinance shall be administered and enforced by the County Zoning Administrator or designee.

5.2.2:

Zoning Permits: A zoning permit will only be issued after it is demonstrated to the satisfaction of the Zoning Administrator that all land development and zoning codes will be met. Accessory uses must be directly related and subordinate to the principal use. Therefore, all permits to erect or place accessory uses before a principal use is erected or placed must be first approved by the Zoning Administrator or his designee. All accessory uses shall observe all setbacks, yards, and other requirements set forth by the District within which they are located, except for certain water-oriented facilities such as beaches, docks, etc.

5.2.3:

Building Permits: Building permits are required for all structures and signs constructed, altered, increased in size or located on site after the effective date of this ordinance. No building permit shall be issued until a zoning compliance permit has been issued by the Zoning Administrator's office.

A.

General Provisions: No building or structure shall be erected, altered, increased in size, or occupied, no use or change in use commenced, and no excavation or grading commenced relating thereto, unless a zoning compliance permit has been issued by the Zoning Administrator and is still valid.

B.

Permit Applications: All applications for building permits shall be accompanied by plans drawn to scale, showing the following:

1.

The actual dimensions and shape of the lot to be built upon (current plat);

2.

The exact size and locations on the lot of buildings already existing, if any;

3.

The location and dimensions of the proposed building or alteration.

The application may include such other information as lawfully may be required by the Zoning Administrator, including:

1.

Existing or proposed uses of the building and land;

2.

The number of families, housekeeping units, or rental units the building is designed to accommodate;

3.

Conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this ordinance;

4.

The number, size, location, and lighting of proposed and existing signs, if any;

5.

The number, size, and location of proposed and existing off-street parking lots or spaces; [and]

6.

One (1) copy of the plans shall be returned to the applicant by the Zoning Administrator, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original copy of the plans, similarly marked, shall be retained by the County.

C.

Licensing Requirements: All work requiring a building permit shall be performed by individuals or entities licensed by the South Carolina Department of Labor, Licensing and Regulation for the prescribed work or qualify for the exemptions established by state law.

D.

Records: The Zoning Administrator shall maintain a record of all zoning permits on file at his office, and copies shall be made available on request to interested parties.

E.

Expiration of Building and Zoning Permits: Any building and zoning permit issued in accordance with this Ordinance will lapse and become invalid unless the work for which it was issued is started within one hundred eighty days of the date of issue, or if the work authorized by it is suspended or abandoned for a period of one hundred eighty days.

F.

Violations: Violations of this section shall be punishable by a fine of up to five hundred dollars or as otherwise prescribed by state law.

(Ord. No. 2014-02, 4-14-2014)

5.2.4:

Certificate of Occupancy:

A.

Inspections:

1.

An inspection of the structure will be required prior to the issuance of a certificate of occupancy. This inspection will be conducted either by employees of the County's Building Department, or by an entity under contract with the County.

2.

The inspection will evaluate whether the structure complies with the provisions of this ordinance, and with any conditions required by the building permit, or County Land Development Regulations.

5.2.5:

Planning Commission: The Abbeville County Planning Commission, as established by Abbeville County Council, shall function as an advisory committee to the County Council with respect to the provisions of this ordinance. The Zoning Administrator shall serve as an advisor to the Planning Commission.

5.2.6:

Violations: If the Zoning Administrator finds that any of the provisions of this chapter are being violated, or receives reliable information indicating that a violation of this Ordinance is about to occur, he shall:

A.

Notify in writing the person responsible for such violations and the property owner, if different, indicating the nature of the violation; and

B.

Take such action as is necessary to correct the violation and prevent further, similar violations from occurring.

C.

Selection of Remedial Action:

1.

In order to correct a violation of this ordinance, or to mitigate the adverse impacts resulting from a violation of this ordinance, the Zoning Administrator has the discretion to select among the following courses of action, as appropriate under the circumstances:

a)

Order a discontinuance of the illegal action;

b)

Require cessation of construction, or of an unauthorized activity or use, via stop order or other means, pending the submission and approval of a building permit, Zoning Compliance Permit or Development Plan as provided for in this ordinance;

c)

Require the developer or owner to take specific actions to bring the construction or activity in question into compliance with this ordinance;

d)

Where compliance is not practicable, require the developer or owner to take specific actions that will minimize the extent and impacts of the non-compliance, so long as this will not work an undue hardship on the developer or adjoining or nearby property and uses;

e)

Where the severity of the situation warrants, require the removal of illegal structures, additions, and uses;

f)

Require the developer or owner to take appropriate actions to mitigate the adverse impacts caused by, or associated with, the violating action or use; and/or

g)

Require the developer or owner to otherwise make reasonable restitution for damage caused or expenses incurred as a result of the violation of this Ordinance.

D.

Penalties: Failure to comply with a stop order is unlawful. Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined, as determined by the Court for each offense. Each day such violation continues shall constitute a separate offense. Nothing herein shall prevent the County from taking such other lawful action as is necessary to prevent or remedy any violation.

E.

Appeals: The developer or owner may appeal any action of the Zoning Administrator under this section to the Abbeville County Board of Zoning Appeals. Such appeal must be filed within thirty (30) days of the receipt of notice of such action. The Zoning Administrator's action will remain in effect during the appeal process.

F.

Judicial Action: The Zoning Administrator is empowered to seek injunctive relief, ordinance summons, or other specific performance to enforce the provisions of this ordinance or of any requirements for remedial action taken under this section. Injunctive relief is especially warranted when land altering activity is commenced, or is about to commence, which could be construed as contrary to the provisions of this ordinance.

G.

Other Remedies: The Zoning Administrator, County Attorney, County Council, or any person aggrieved may, in addition to other remedies provided by law, institute injunction, mandamus, or any other appropriate action to prevent or enjoin violations of this Ordinance.

5.2.7:

Complaints Regarding Violations and Remedies:

Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file written complaint. Such complaints stating fully the causes, and basis thereof, shall be filed with the Zoning Administrator. He shall record properly such complaint, immediately investigate, and take whatever action is necessary to assure compliance with the Ordinance.

5.2.8:

Appeal from the Decision of the Zoning Administrator: It is the intention of this Ordinance that all questions arising in connection with the enforcement of the Ordinance shall be presented first to the Zoning Administrator, and that such questions shall be presented to the Board of Zoning Appeals only on appeal from the written decision of the Zoning Administrator.

5.3.1:

The regulations, restrictions, and boundaries set forth in this Ordinance may from time to time be amended, supplemented, changed, or repealed, according to the appropriate state statute.

5.3.2:

Application to County:

A.

Any amendments, change or supplement to the Official Zoning Map or zoning ordinance must first be submitted to the Zoning Administrator for review and recommendation.

B.

Application form, together with the application fee for zoning amendment, shall be filed with the Zoning Administrator. The Zoning Administrator shall review the application as to proper form. Within fifteen (15) working days of receipt, applicant shall receive written notice from the Zoning Administrator of review, if application is incomplete and notice of the proposed meeting date, or if additional information is required.

C.

Upon receipt of a complete application, the Zoning Administrator shall then transmit application and recommendation to the Planning Commission within fifteen (15) days.

D.

Required Information: The applicant shall set forth a detailed description of the amendment on an application provided by the Zoning Administrator. When the amendment involves a change in the Zoning Map, the applicant shall submit the following information:

1.

A legal description and street address of the subject property, together with a property boundary map if subject property is not explicitly delineated on the Zoning Map.

2.

Name, address, and phone number of applicant.

3.

Name of property owner(s) and applicant's interest in the property if not the owner in fee simple title.

4.

Filing date of application.

5.

Applicant's and property owner's signature.

6.

Other information, as required by the Zoning Administrator.

5.3.3:

Notice:

A.

Newspaper Notice: A notice shall be placed in a newspaper of general circulation in the County at least 15 days prior to the hearing. The notice must list the hearing time and place.

B.

Posting Property: In rezoning cases, conspicuous notices shall be posted on or adjacent to the affected property by the Zoning Administrator. One notice must be visible from each public street that borders the property. Such sign(s) shall be posted at least 15 days prior to the public hearing.

C.

Mail Notice: Written notice must be mailed by the Zoning Administrator to all interested groups requesting notice.

5.3.4:

Planning Commission Review: All proposed amendments shall be submitted to the Abbeville County Planning Commission for its review and recommendation. The Planning Commission shall have thirty (30) days within which to submit its report. If the Planning Commission fails to submit a report within the thirty (30) day period, it shall be deemed to have recommended approval of the requested amendment. In reviewing any petition for a zoning amendment, the Planning Commission shall identify and evaluate all factors relevant to the petition. These facts should include, but not be limited to, the following:

A.

Whether or not the requested zoning change is justified by a change in conditions since the original ordinance was adopted or by an error in the original ordinance.

B.

Whether or not the requested zoning change is consistent with the comprehensive plan and other adopted plans and policies of the County.

C.

The precedents and the possible effects of such precedents, which might result from approval or denial of the petition.

D.

The capability of the County or other government agencies to provide any services, facilities, and/or programs that might be required if the petition were approved.

E.

Effect of approval of the petition on the condition and/or value of property in the County.

F.

Whether the proposed rezoning creates "spot zoning" or other potential illegalities.

5.3.5:

Public Hearing: The County Council or the Planning Commission shall conduct a public hearing. County Council shall review the Planning Commission report and comments made at the Public Hearing before taking action to either adopt or reject the ordinance.

5.3.6:

Limit on Re-application: Except for requests which are continued with the mutual consent of the applicant and the Planning Commission, a property owner or owners shall not initiate action for a zoning amendment affecting the same parcel of property, or any part thereof more often than once every twelve (12) months.

5.3.7:

Adoption of Ordinance: After the required public hearing and Planning Commission review, the amendment or rezoning is submitted to County Council for consideration of adoption. Adoption of the amendment or rezoning must be by ordinance. After adoption, the Zoning Administrator or a designee shall make the necessary changes to the Zoning Ordinance text and Official Map.

5.4.1:

Establishment of Board of Zoning Appeals: A Board of Zoning Appeals is hereby established. Said Board shall consist of seven (7) members.

5.4.2:

Membership:

A.

Members shall be citizens of Abbeville County.

B.

Members shall be appointed by the Council for overlapping terms of four (4) years.

C.

Members may serve up to two (2) terms.

D.

Members may continue to serve until a successor is appointed.

E.

Initial appointment shall be one member each for terms of one, two, three, and four years.

F.

Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment.

G.

Members shall serve without pay, but may be reimbursed for expenses incurred while representing the Board.

H.

Members cannot hold any other public office or position in the County.

5.4.3:

Proceedings of the Board of Zoning Appeals:

A.

The Board of Zoning Appeals shall elect a chairman and a vice-chairman from its members who shall serve for one (1) year or until re-elected or until their successors are elected. Elections shall be held at the January meeting every year.

B.

The Board shall appoint a secretary, who may be a County officer, a County employee, a member of the Planning Commission, or a member of the Board of Zoning Appeals.

C.

The Board shall adopt rules and by-laws in accordance with the provisions of this Ordinance and the South Carolina Code of Laws, 1994, Title 6, as amended.

D.

Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine.

5.4.4:

Decisions of the Board of Zoning Appeals: The concurring vote of four (4) members of the Board of Zoning Appeals shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance or to affect any variation of this Ordinance. The Board 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 examination and other official actions, all of which shall be filed in the office of the Board and shall be a public record. On all appeals, applications, and other matters brought before the Board of Zoning Appeals, the Board shall inform in writing all the parties involved of its decision(s) and the reason(s) heretofore.

5.4.5:

Procedures for Appeals and Variances:

A.

Application: Any person displeased with the written decision of the Zoning Administrator may appeal it to the Board of Zoning Appeals. Such appeals shall be filed with the secretary within thirty (30) days after the date of written notice of the decision or order of the Zoning Administrator. The applicant and parties to the permitting process are entitled to notice of the appeal.

B.

Stay of Proceedings: Filing an appeal to the Board stays all legal proceedings to enforce the appealed action, unless the appealed officer certifies that a stay would cause imminent peril to life and property. In such cases, a Board or court restraining order may stay the action.

C.

Hearings: The Board of Zoning Appeals shall hold a public hearing within thirty (30) days of receiving written application for the hearing and give public notice at least 15 days prior to the hearing by placing notice in a general circulation newspaper in the community.

D.

Posting Property: In cases involving variances, staff must post conspicuous notices on or next to the affected property. At least one notice must be visible from each street that borders the property.

5.4.6:

Powers of the Board of Zoning Appeals:

A.

Administrative Review: The Board may hear and decide appeals where it is alleged the Zoning Administrator erred in an order, requirement, decision, or determination. In such cases, the Board may reverse or affirm, wholly or in part, the Zoning Administrator's actions. The Board has all the powers of the Zoning Administrator in such cases and may direct the issuance of a permit.

B.

Variances: The Board has the power the hear and decide requests for variances when strict application of the Zoning Ordinance would cause an unnecessary hardship.

1.

The following standards must apply for finding an unnecessary hardship:

a)

Extraordinary Conditions: There are extraordinary and exceptional conditions pertaining to the particular piece of property, which exist due to topography, street widening, or other conditions, that make it difficult or impossible to make an economically feasible use of the property.

b)

Other Property: These extraordinary conditions generally do not apply to other property in the vicinity.

c)

Utilization: Because of these extraordinary conditions, the application of the ordinance to a particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property.

d)

Detriment: The authorization of a variance will not be of substantial detriment to adjacent property or the public good, and the character of the district will not be harmed by granting the variance.

2.

Conditions: In granting a variance, the Board may attach conditions to it. These conditions may address the location, character, or other features of a proposed building, structure, or use. The Board sets the conditions to protect established property values in the surrounding area or to promote the public health, safety, or general welfare.

3.

Use Variances: The Board should not normally grant use variances. A "use variance" involves the establishment of a use not otherwise permitted in a zoning district, or extends physically a non-conforming land use, or changes the zoning district boundaries shown on the Official Zoning Map.

4.

Temporary Residential Uses: The Board of Zoning Appeals may authorize issuance of a permit for a temporary accessory residential use for a period not to exceed one (1) year following submission of an application and $125 filing fee by applicant At the end of that year and each subsequent year thereafter, the Board may, after a complete review of the request, grant an extension of the permit for a period not to exceed one year. The review process shall be the same as the original application procedure; provided, however, there will be no additional filing fee charged for the review process. It shall be the responsibility of the Zoning Administrator to present to the Board after each one-year period a status report of the conditions and to notify the applicant of the review.

5.4.7:

Appeals from Decisions of Board of Zoning Appeals:

A.

Any person who may have a substantial interest in any decision of the Board of Zoning Appeals may appeal from any decision of the Board to the circuit court, filing with the clerk of such court a petition in writing setting forth plainly, fully, and distinctly wherein such decision is contrary to law. Such appeal shall be filed within thirty (30) days after the decision of the Board is rendered.

The County Council shall establish a schedule of fees, charges and expenses, and a collection procedure for Building Permits, Zoning Permits, Zoning Amendments, and Variances, appeals and other matters pertaining to this Ordinance. The schedule of fees shall be posted in the office of the Zoning Administrator and may be altered or amended only by the County Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.