The following action shall be taken by the applicant for an amendment to this chapter or any map adopted hereunder:

10:1.1.

Initiation of amendments. Proposed changes or amendments to the chapter text may be initiated by county council, county planning commission, or board of zoning appeals. Petitions for text changes or amendments by any interested property owner or resident of Anderson County must first be presented to the planning/public works committee of county council. In the event the planning/public works committee of county council recommends approval of the text change or amendment for public hearing, the text change or amendment shall be scheduled for public hearing and considered for adoption by county council

A.

County council may only impose zoning in the unincorporated areas of Anderson County. Accordingly, where a precinct of Anderson County is divided between incorporated and unincorporated areas, the imposition of zoning in that precinct by Anderson County council shall be deemed to apply only to the unincorporated portions of such precinct. In such a precinct which is divided between incorporated and unincorporated areas, any reference in this chapter or article to such precinct, including the application of the procedures of this chapter or article to such precinct, shall be deemed to refer only to the unincorporated areas of such precinct and the voters and property owners therein. Initial adoption of zoning in a precinct requires the submission of a petition, available from the Anderson County planning and community development department, executed by 15 percent of the registered voters residing within the unincorporated areas of said precinct, to the planning and community development department. Once the signed petition is received, the planning and community development department will acknowledge receipt and deliver the petition to the Anderson County registration and election office for certification. Upon verification of the requisite number of signatures, the registration and election office will certify the petition, notify county council of its determination, and schedule a referendum by the voters residing in the unincorporated areas of such precinct, to recommend to county council whether to adopt zoning in the unincorporated areas of the respective precinct. Zoning referenda may be held on the following dates only:

The second Tuesday in February.

The second Tuesday in May.

The second Tuesday in August.

The second Tuesday or General Election date in November.

All zoning petitions must be received by the registration and election office no later than three months prior to a proposed referendum date, in order to be scheduled for a referendum on that date, and must be certified by the registration and election office within 60 days of receipt by that office.

In the three months, minimum, prior to the scheduled referendum for initial zoning, the Anderson County planning and community development department will prepare an amendment to the county zoning map in accordance with the county comprehensive plan, including the proposed future land use plan, as amended. The proposed map will be presented to county council for first reading. The planning and community development department will then present the proposed zoning map to the public for review and comment. The planning and community development department will then forward the proposed zoning map and comments to the planning commission for public hearing and review. Based upon the comments received, the planning and community development department will present the proposed zoning map, as modified, to county council. County council will hold a public hearing and give second reading to the proposed map prior to the scheduled referendum.

If the referendum is approved by a majority of those voting in the referendum, county council will then consider adopting and implementing the proposed zoning map upon third and final reading.

If a referendum is not approved by a majority of those voting in the referendum, county council will disapprove the proposed zoning plan. The petitioners in that precinct must then wait two years from the date of the failed referendum to resubmit a new petition with the requisite number of signatures to the planning and community development department for a zoning referendum in that precinct. Upon certification of such new petition by the registration and election office, a second or subsequent referendum will be scheduled.

B.

After initial adoption of zoning in a voting precinct, proposed changes or amendments to the zoning map may be initiated by county council, county planning commission, board of zoning appeals, or by petition of any interested property owner with a property interest in the parcel of property being petitioned for a map change in accordance with the procedures outlined in this section.

10:1.2.

Application.

An application for any change or amendment to the text or map of this chapter after initial adoption of the voting precinct zoning shall contain a description and/or statement of the present and proposed zoning regulation or district boundary to be changed and the names and addresses of the owner or owners of the property. Such application shall be filed with the Anderson County planning and community development department in accordance with the published schedule of rezoning deadline and meeting dates. The county council member representing the district where the subject property is located shall be notified of the filing of the application.

All requests for amendments to the zoning map require that the county provide that applicant or his designated representative with an adequate number of notice of public hearing signs to allow the applicant or his designated representative to properly post and maintain on the property a notice of public hearing at least 15 days prior to the date of the planning commission meeting and must remain posted through the county council public hearing. Only such signs as provided by the county shall be used, and such signs must be placed in a conspicuous place or places on the affected premises. In addition, at least 15 days prior to the date of the planning commission meeting, the planning and community development department shall send letters notifying current owners of record of all properties adjacent to and/or within 2,000 feet in any direction of the subject property and provide proof of such mailing. Failure to comply with the posting requirements will result in the removal of the application from the county council public hearing agenda. All signs must be removed within 30 days after the county council public hearing or the date of withdrawal of the application.

10:1.3.

Reserved.

(Ord. No. 99-004, §§ 10:1—10:1.3, 7-20-1999; Ord. No. 00-016, § 1.a, 4-18-2000; Ord. No. 00-069, § 1, 12-5-2000; Ord. No. 01-009, § 1, 4-17-2001; Ord. No. 2013-011, § 1, 5-7-2013; Ord. No. 2016-006, § 10:1, 4-19-2016; Ord. No. 2018-019, § 2(a), (b), 7-10-2018)

The planning and community development department shall, upon receipt of a request for an amendment to the zoning ordinance or map, schedule a public hearing for review and preparation of written recommendations to the Anderson County Planning Commission concerning the request. The planning and community development department will also refer the request to the appropriate zoning advisory group for review. The zoning advisory group will provide a recommendation to the planning and community development department, which shall forward this recommendation to the planning commission and the county council.

The planning commission shall have 30 days within which to submit its report and recommendation to county council. If the planning commission fails to submit a report within the prescribed time period, it is deemed to have approved the change or departure from the ordinance or map. The planning and community development department, and planning commission shall ensure that the most expeditious treatment possible is afforded applications for rezoning when such applications are received within 60 days of the final enactment of a county ordinance imposing zoning on the affected area for the first time.

(Ord. No. 99-004, § 10:2, 7-20-1999; Ord. No. 00-016, § 1.b, 4-18-2000; Ord. No. 2016-006, § 10:2, 4-19-2016; Ord. No. 2019-030, § 2(d), 8-20-2019)

10:3.1

County council consideration. Upon receipt of an application from the planning commission for an amendment to the zoning ordinance or map, County Council shall place the request on the agenda for first reading and scheduled for a public hearing.

10:3.2

Public hearing. No amendment to the zoning ordinance or map shall be enacted by the County Council until after public notice and hearing by County Council.

10:3.3.

Notice of hearing. Notice of a public hearing shall be published in a newspaper of general circulation at least 15 days prior to the hearing. The notice shall be blocked in, carry an appropriate descriptive title, and shall state the time, date, and place of the hearing.

10:3.4.

Action by county council.

After conducting a duly advertised public hearing, county council shall consider all information presented at the hearing and the staff review and recommendation received from the Anderson County planning commission. The planning commission and staff's written report shall be forwarded to county council for action at its next regular meeting following the scheduled public hearing.

Before any map amendment is approved by county council, the planning commission and county council must find that the map amendment is in agreement with the county's comprehensive plan or, in the absence of such a finding, that one or more of the following apply; and such findings shall be recorded in the minutes and records of the planning commission and county council:

A.

That the original zoning classification given the property was improper or inappropriate.

B.

That there have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in the county's comprehensive plan and which have substantially altered the basic character of such area.

Anderson County Council or council's planning/public works committee shall have the option to defer action on any rezoning request in order to gain additional facts or to seek the resolution of any disputes surrounding the rezoning case. If the county council has not taken final action on a rezoning request within four months from the date of the original public hearing, the request shall be placed on the next available public hearing agenda. The request will be readvertised and the subject property will be re-posted. This requirement may be waived by action of the council if active negotiations are under way between the applicant and the opposition in an attempt to reach a compromise.

10:3.5.

Reconsideration of request for amendment. When county council shall have denied a request for an amendment, it shall not consider the same or a less restrictive reclassification for an amendment affecting the same property until one year from the date of the previous denial. A more restrictive classification is not subject to the one-year period. Furthermore, when an application for an amendment is withdrawn at the request of the applicant after such time as the application has been legally advertised for county council public hearing, it shall not be considered for an amendment affecting the same property for six months from the date of withdrawal.

10:3.6.

Effective date of changes in zoning or map ordinances. Any ordinance affecting a change in the text of the zoning ordinance or zoning maps shall not become effective until one day after the next regularly scheduled council meeting.

(Ord. No. 99-004, §§ 10:3—10:3.6, 7-20-1999; Ord. No. 00-047, § 1, 10-17-2000; Ord. No. 2016-006, § 10:3, 4-19-2016; Ord. No. 2017-037, § 2, 12-5-2017; Ord. No. 2018-019, § 2(c), 7-10-2018)