Awendaw City Zoning Code

(Ord. 2026-10, passed 4-2-2026)

(Ord. 2026-10, passed 4-2-2026)

   The town hereby finds and declares that the public interest and general welfare of the residents of the town will be served through the creation of clear and fair procedures for the determination of vested rights of real property for future land development activities. These procedures will follow the town’s goals and objectives to encourage sustainable development for the betterment of the community. These regulations seek to require planned and phased development to be reassessed in more frequent intervals to ensure sound and reasonable planning for future development.

(Ord. 2026-10, passed 4-2-2026)

   (A)   The provisions of this subchapter shall be administered and enforced by the Town of Awendaw Planning Director, the Board of Zoning Appeals, or the Planning Commission, or by such other officials, officer, or department as may be designated by the Town Council.

   (B)   The Planning Director shall institute, or cause to be instituted, such actions necessary to ensure compliance with these provisions, and/or the conditions placed upon any permit or other approval.

   (C)   The Town Council, Board of Zoning Appeals, Planning Commission and the Planning Director shall have the authority to cause whatever actions are necessary at a site or location where a violation of this subchapter has occurred to ensure that it is returned to its original quality and function, and the same cause of action shall be at no cost to the town and shall be assessed to the violator.

(Ord. 2026-10, passed 4-2-2026)

   (A)   A vested right is established for two years upon the final approval or conditional approval of a site-specific development plan by the local governing body or the Planning Director.

   (B)   A minimum of two years is granted notwithstanding any other timeline requirements currently in effect for identified site-specific development plans.

   (C)   Phased development plans remain subject to review and approval of all phases prior to any portion of the project being vested.

   (D)   A site-specific development plan or phased development plan for which a variance, regulation, or special exception is necessary does not confer a vested right until the variance, regulation, or special exception is obtained.

   (E)   Vested rights cannot be waived as a condition of approval or conditional approval.

(Ord. 2026-10, passed 4-2-2026)

   (A)   A site-specific development plan must be deemed administratively complete by the Planning Director before approval may be granted in any form.

      (1)   When determining administrative completeness, the Planning Director may use the regulations set forth in this title to determine if an application meets town standards.

   (B)   Unless otherwise specified, the application, review, and approval process for currently identified site-specific development plans shall be followed according to the processes set forth in this title.

   (C)   Where a procedure is not currently in effect, or until this title is later amended to include procedures, the following process is to be followed:

      (1)   Applications are to be submitted with the following items:

         (a)   A complete application form for the request; and

         (b)   A plat of survey of the subject property, if available, or a tax map that identifies the subject property; and

         (c)   A concept plan that includes the following information:

            1.   The proposed means of access to a public road;

            2.   Surrounding land uses;

            3.   All adjacent roads;

            4.   A preliminary map and analysis of natural resources present on the subject property and surrounding property; and

            5.   A conceptual layout of the proposed land use, which shall be overlaid on the preliminary natural resources map, and which shall show streets, lots, parks and other facilities located to protect natural resource areas.

         (a)   Once an application has been deemed administratively complete by the Planning Director, and fees have been received, the Planning Director shall compile a staff report (which may include the comments and recommendations of the Water Department and other affected agencies, if applicable) that reviews the application in light of all applicable requirements of this title. This report shall be forwarded to the Planning Commission.

         (b)   Within the 60 days of the Planning Commission’s receipt of a complete application and staff report, the Planning Commission shall review the proposed land use and act to approve, approve with conditions or deny the land use, based on whether it complies with all applicable requirements of this title.

         (c)   Any person with a substantial interest in the proposed land use decision of the Planning Commission or any officer or agent of the town may appeal the Planning Commission decision to the Circuit Court in Charleston County. Appellants shall file with the Court of Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 days of appellant’s actual notice of the Planning Commission's decision.

   (D)   Once final or conditional approval is granted for the site-specific development plan, by either the local governing body or the Planning Director, and its approval is not overturned in a Circuit Court, vested rights are established for two years from the date of final approval.

(Ord. 2026-10, passed 4-2-2026)

   (A)   As more specifically set forth in division (B) of this section, a landowner of real property with a vested right may apply for a one-year annual extension of the vested right so long as a complete application is received by the Planning Director prior to the expiration of the vesting period. The applicant may apply for a total of two one-year annual extensions of the vested rights.

   (B)   A request for an extension of a person's vested rights must be submitted in writing to the Planning Director 60 days prior to the expiration of the vesting period by the owner of the real property or their designated agent. If the property in question has been subsequently subdivided or sold, the requestor must individually apply to receive an extension of their vested rights for each parcel.

   (C)   The vesting extension request shall be accompanied by all the following items:

         (a)   A completed extension request form;

         (b)   A copy of a town-specific formal approval for the site-specific development granted by the local governing body or designated officer;

         (c)   A written explanation of the justification for the extension; and

         (d)   An administrative processing fee.

         (a)   An administrative processing fee is required to be paid with all vesting extension requests as follows:

            1.   For the first annual extension request, the administrative processing fee is $200.

            2.   For the second annual extension request, the administrative processing fee is $100.

   (D)   Approval of the first or second annual extensions will follow the same requirements set forth in § 153.056(C)(2).

   (E)   Failure to timely submit a complete application and an administrative processing fee for the annual extension will result in forfeiture of one's vested site-specific development plan.

(Ord. 2026-10, passed 4-2-2026)

   (A)   A vested right established under a conditionally approved site-specific development plan or conditionally approved phased development plan may be terminated by the Planning Commission upon its determination, following public notice and public hearing, that the landowner has failed to meet the terms of the conditional approval.

   (B)   A vested right to a site-specific development plan or phased development plan is subject to revocation by Town Council upon its determination, after notice and public hearing, that there was a material misrepresentation by the landowner or substantial noncompliance with the terms and conditions of the original or amended approval.

   (C)   If real property having a vested site-specific development plan or vested phased development plan is annexed, Town Council after a recommendation from the Planning Commission must determine, after notice and public hearing in which the landowner is allowed to present evidence, if the vested right is effective after annexation.

(Ord. 2026-10, passed 4-2-2026)

   (A)   A validly issued building permit does not expire or is not revoked upon expiration of a vested right, except for public safety reasons or as prescribed by the applicable building code.

   (B)   A vested site-specific development plan or vested phased development plan is subject to later enacted federal, state, or local laws adopted to protect public health, safety, and welfare including, but not limited to, building, fire, plumbing, electrical, and mechanical codes and nonconforming structure and use regulations which do not provide for the grandfathering of the vested right. The issuance of a building permit vests the specific construction project authorized by the building permit to the building, fire, plumbing, electrical, and mechanical codes in force at the time of the issuance of the building permit.

   (C)   A vested site-specific development plan or vested phased development plan is subject to later overlay zoning that imposes site plan-related requirements but does not affect allowable types, height as it affects density or intensity of uses, or density or intensity of uses.

   (D)   A change in the zoning district designation or land-use regulations made subsequent to vesting that affect real property does not operate to affect, prevent, or delay development of the real property under a vested site-specific development plan or vested phased development plan without consent of the landowner.

(Ord. 2026-10, passed 4-2-2026)