A.

Text Amendments: The City Council shall hear and approve, approve with conditions, or deny proposed text amendments to this Code.

B.

Map Amendments: The City Council shall hear and approve, approve with conditions, or deny proposed amendments to the Official Zoning Map (rezoning).

C.

Appointments: The City Council shall appoint the Metropolitan Planning Commission, Zoning Board of Appeals, Historic District Review Board, and DRB.

D.

Development Improvements: Upon approval of a final plat, the City Council shall determine the acceptance or non-acceptance of all dedicated streets, easements, rights-of-way, public parks, and other public lands as shown on the plat.

A.

Planning Commission Established: There is hereby established a Planning Commission for the City of Beaufort, which shall have the powers and duties as provided in S.C. Code 6-29-310 et seq.

1.

Composition of the Commission: The Planning Commission shall consist of seven (7) members appointed by Beaufort City Council for terms of three (3) years. Adoption of the ordinance codified in this subsection shall appoint two (2) members to the commission for terms of one (1) year, two (2) members to the commission for terms of two (2) years, and three (3) members for terms of three (3) years. Members shall serve until their successors are appointed. No member of the Planning Commission shall be the holder of an elected public office in the City of Beaufort. The membership of the planning commission at all times includes not less than four (4) members who are licensed either as architects, landscape architects, attorneys, civil engineers, urban planners, or licensed contractors. All members of the commission will be residents of the City of Beaufort, property owners within the City of Beaufort, or own or operate a business within the City of Beaufort.

2.

Terms: Except as otherwise described in [Subsection] 10.2.1 A.1, commissioners will serve three-year terms, with a max of two terms. Members who have served for two full terms shall wait one calendar year before they may serve again. Terms will not end until a replacement has been officially appointed.

3.

Powers and Duties: The commission shall have the powers and duties as provided in S.C. Code § 6-29-310 et seq., and the following additional duties:

a.

Review and approve, approve with conditions, or deny all Major Subdivision Sketch Plans;

b.

Review and make recommendations to the City Council regarding amendments to the text of this development code;

c.

Review and make recommendations to the City Council regarding amendments to the official zoning map;

d.

Review and make recommendations to the City Council regarding amendments to the Comprehensive Plan;

e.

Review and approve, approve with conditions, or deny major Site Plans as per the requirements of Section 9.8.2, and delegate to City Staff all other Site Plan approvals not stated in Section 9.8.2;

f.

Delegate Preliminary Plat, and Final Subdivision Plat review and approval to City Staff;

g.

Review and make recommendations to City Council regarding proposed annexations into the city; and

h.

Consider the Northern Beaufort County Regional Plan and Growth Area in any review and approval as defined in this Section.

4.

Compensation: Members of the Planning Commission shall serve without compensation. Reimbursement for actual expenses incurred in the performance of official duties may be reimbursed from budgeted funds pursuant to reimbursement policies and procedures for employees of the City of Beaufort.

5.

Removal of Members: Members of the planning commission may be removed at any time by Beaufort City Council for cause. The existence of cause shall be discussed by the council in executive session as permitted by the Freedom of Information Act, S.C. Code § 30-4-70(a)(1), and the determination of removal shall be by vote in public session declaring a vacancy in the position without a statement of cause. Any fact which, in the discretion of council, is deemed to adversely affect the public interest, including lack of attendance at meetings, may constitute cause.

6.

Organization and Rules of Procedure: The Planning Commission shall organize, elect officers, and adopt rules of procedure as required by S.C. Code § 6-29-360. The Planning Commission shall elect a chairperson and a vice-chairperson from its members who shall serve for 1 year or until reelected, or until a successor is elected. The Planning Commission shall appoint a secretary, who may be an employee of any of the governmental entities. The Planning Commission shall adopt and adhere to rules of procedure for the conduct of business. An abstention from voting shall be considered a vote to deny the motion.

7.

Quorum: A majority of the members appointed shall constitute a quorum.

8.

Public Hearings: The Beaufort Planning Commission shall hold all public hearings on amendments to the city zoning ordinance and zoning map pursuant to S.C. Code § 6-29-760(A), Major Development as defined in Section 9.8.2 of the Beaufort Development Code, Appeals of Minor Development as defined in Section 9.8.1, Platting as defined in Section 9.9.3 and 9.9.4, recommendations on Annexations, recommendations on Text amendments of the Beaufort Development Code, and Adoption and updates of the Beaufort Comprehensive Plan.

9.

Minutes: The PC shall keep minutes of its proceedings, showing the vote of each member in question, or indicating absence or failure to vote.

10.

Notice: Reasonable notice of the time, place, and agendas of the meetings shall be given to the public. The news media shall be contacted in accordance with state law.

(Ord. No. O-22-19, 12-10-2019; Ord. No. O-14-23, 9-26-2023)

Editor's note— Ord. No. O-14-23, adopted Sept. 26, 2023, repealed §§ 12.2.2 and 12.2.3, which pertained to membership, terms, and compensation and officers, meetings, and quorum, and derived from Ord. No. O-22-19, adopted Dec. 10, 2019.

A.

Authority: The Zoning Board of Appeals (ZBOA) is hereby established, pursuant to the authority of S.C. Code § 6-29-780 et seq., as amended, and shall hereafter be referred to as the Board.

B.

Territorial Jurisdiction:

1.

The ZBOA shall have jurisdiction over all lands within the City.

2.

The City Council may expand the jurisdiction of the ZBOA by ordinance and/or intergovernmental agreement, in accordance with the provisions of S.C. Code § 6-29-330.

C.

Powers and Duties:

1.

Appeals: The ZBOA shall hear and decide appeals where it is alleged there is error in an order, requirement, decision, or determination made by an Administrative Official in the enforcement of this Code.

2.

Variances:

a.

The ZBOA shall hear and decide requests for Variance from the requirements of this Code when strict application of the provisions of the Ordinance would result in unnecessary hardship.

b.

The ZBOA shall hear and decide requests for Variance from the requirements of Chapter 4 of the City of Beaufort Code of Ordinances's "Flood Damage Prevention Ordinance."

3.

Special Exception: The ZBOA shall permit uses by Special Exception subject to the terms and conditions set forth for such uses in this Ordinance.

A.

Number: The ZBOA shall consist of 5 members, appointed by the City Council. None of the members of the ZBOA shall hold any other public office or position in the city.

B.

Terms, Appointment: All members shall be appointed by the City Council for overlapping terms of 3 years. All members shall be residents of the city, own property in the city, or own or operate a business in the city. All terms shall end on June 30 of the applicable year, and members must continue to serve until their successors are appointed.

C.

Term Limits: No member may serve for more than 2 successive terms, except for extraordinary circumstances where the City Council believes it to be in the best interest of the community to have a particular member continue for a specific period of time. This limitation shall not prevent any person from being appointed to the ZBOA after an absence of 1 year. Service for a partial term of less than 1½ years shall not constitute a term of service for purposes of this section.

D.

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

E.

Removal: The City Council may remove any member of the ZBOA for cause.

F.

Compensation: Members shall serve without pay. Members may be reimbursed for actual expenses incurred in the performance of their duties from available funds approved in advance by the Administrator.

A.

Officers: The ZBOA shall elect a chairperson and a vice-chairperson from its members who shall serve for 1 year or until reelected, or until a successor is elected. The board shall appoint a secretary, who may be an employee of the City.

B.

Meetings: Meetings of the ZBOA shall be held at the call of the chairperson and at such other times as the ZBOA may determine. All meetings of the ZBOA shall be open to the public.

C.

Quorum: At least 3 of the members of the ZBOA must be present to constitute a quorum.

D.

Notice of Meetings: Public notice of all meetings of the ZBOA shall be provided at least 15 days in advance by publication in a newspaper of general circulation in the city. In cases involving Variances or Special Exceptions, conspicuous notice shall also be posted on or adjacent to the property affected, with at least 1 such notice being visible from each public thoroughfare that abuts the property. Such notice shall be posted continuously for at least 15 days in advance of the meeting at which the Variance or Special Exception request will be heard.

E.

Witnesses: The chairperson, or in his or her absence, the vice-chairperson, may administer oaths and compel the attendance of witnesses by subpoena.

F.

Rules of Proceeding:

1.

The ZBOA shall adopt and adhere to rules of procedure for the conduct of business.

2.

An abstention from voting shall be considered a vote to deny the motion.

G.

Decisions: The concurring vote of 3 members of the ZBOA shall be necessary to: reverse any order, requirement, decision, or determination of the Administrator or building official, or to decide in favor of an applicant on any matter upon which it is required to pass judgement, or to affect any variation of this Code. On all appeals, applications and matters brought before the ZBOA, the ZBOA shall inform in writing all the parties involved of its decisions and the reasons therefore.

H.

Contempt Penalty: In case of contempt by a party, witness, or other person before the ZBOA, it may certify this fact to the circuit court, and the judge of the court, in open court or in chambers, after hearing, may impose a penalty as authorized by law.

I.

Minutes: The ZBOA shall keep minutes of its proceedings, showing the vote of each member upon each question, or indicating absence or failure to vote. The Board shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the ZBOA and shall be a public record.

J.

Staff: The ZBOA shall use the staff of the Department of Community and Economic Development and the building official of the city.

(Ord. No. O-22-19, 12-10-2019)

The City Manager shall designate the Building Official for the City of Beaufort.

A.

Responsibility: The Building Official shall be responsible for issuance of Project Permits and other matters that reference the building code.

B.

Powers and Duties: The Building Official has the following powers and duties:

1.

Conducting inspections of buildings, structures and uses of land to determine compliance with the provisions of this Code.

2.

Issuing Stop Work Orders.

3.

Issuing Project Permits.

4.

Issuing Certificates of Occupancy.

Appeals to decisions made by the Building Official shall be reviewed by the Building Board of Appeals (City Code of Ordinances, Section 5-1005.1)

"Administrator" shall be defined as any person or persons designated by the City to fulfill the duties herein.

The Administrator shall:

A.

Administer and enforce the provisions of this Code.

B.

Make written interpretations of this Code.

C.

Review and make recommendations on Project Permits where the Building Official has authority.

D.

Review and make recommendations on Certificates of Occupancy.

E.

Process applications for Variances and Special Exceptions.

F.

Issue all Permits, except for Project Permits where the Building Official has authority.

G.

Review and take action on New Street and Development Names.

H.

Review and take action on Administrative Adjustments.

I.

Review and take action on Minor Development Design Review applications.

J.

Review and make recommendations on Major Development Design Review applications.

K.

Review and take action on Minor Certificate of Appropriateness applications.

L.

Review and make recommendations on Major Certificate of Appropriateness applications.

M.

Review and make recommendations on Landscaping and Tree Conservation Plans.

The City Manager shall designate a Technical Review Committee (TRC) consisting of the Administrator, the Building Official and any other city staff professional the City Manager deems necessary for professional review. A traffic engineer shall be included on the TRC to review Traffic Impact Analyses. The Administrator shall serve as chair of the committee and be responsible for all final decisions of the committee.

A.

Staff the Pre-Design Conference: The TRC shall review any projects that appear at pre-application conferences.

B.

Site Plans and Final Plats: The TRC shall approve, approve with conditions, or deny Major Subdivision Site Plans and Final Plats.

C.

Traffic Impact Analyses: The TRC shall review and make recommendations on Traffic Impact Analyses.

(Ord. No. O-22-19, 12-10-2019)

A.

Creation: A Historic District Review Board (HRB) is hereby established as a board of architectural review pursuant to S.C. Code 1994 § 6-29-870, as amended.

B.

Purpose: The HRB shall review and take action on projects located within the Beaufort Historic District, including changes to the exterior of any structure and new construction. The HRB will seek to preserve and protect the historic character and architectural integrity of Beaufort's National Landmark Historic District.

A.

Territorial Jurisdiction: The HRB shall have jurisdiction throughout the Beaufort Historic District. The HRB shall also have jurisdiction to review the Special Property Tax Assessment for Rehabilitated Historic Properties (a.k.a. Bailey Bill) applications for any structure listed in the Beaufort County Historic Sites Survey - 1997, or most recent historic sites survey, that are located within the city limits, but outside the Historic District.

B.

Powers and Duties:

1.

It shall be the function of the HRB to review and take action on any Major Certificates of Appropriateness (Section 9.7.1).

2.

It shall be the function of the HRB and for approving alterations to structures listed on the "1997 Beaufort County Above Ground Historic Sites Survey (or most recent historic sites survey) which have applied for the Bailey Bill in accordance with Section 9.10 (Certificate of Appropriateness).

3.

In exercising the authority granted the HRB under this section, the HRB may call upon the advice of any professionals it deems appropriate; any costs incurred for such consultation may be paid for with funds approved for such use by the City Council.

4.

The HRB shall maintain an inventory of historic properties within the City of Beaufort and make such information available to the public. This inventory shall be updated periodically to record structures and buildings that have gained historic or architectural significance, and buildings that no longer contribute to the character of the National Landmark Historic District due to demolition or loss of character.

5.

The HRB shall have the opportunity to comment to the appropriate approving agency on National Register nominations proposed for any building within its jurisdiction at its discretion.

C.

Staff: The staff of the City's Department of Planning and Development Services may provide support to the HRB from time to time.

A.

Number, Composition: The HRB shall consist of 5 members with an interest, competence, or knowledge in historic preservation. All HRB members shall be residents of the city, own property in the city, or own or operate a business in the city. To the extent that such is available in the community, 2 members shall, be professionals in the disciplines of historic preservation, architecture, landscape architecture, history, architectural history, planning, archeology, or related disciplines. Three of the members shall either live or own property in the Historic District.

B.

Terms, Appointment: All members shall be appointed by the City Council for terms of 3 years. All terms shall end on June 30 of the applicable year and members must continue to serve until their successors are appointed.

C.

Term Limits: No member may serve for more than 2 successive terms, except for extraordinary circumstances where the City Council believes it to be in the best interest of the community to have a particular member continue for a specific period of time. This limitation shall not prevent any person from being appointed to the HRB after an absence of 1 year. Service for a partial term of less than 1½ years shall not constitute a term of service for purposes of this section.

D.

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

E.

Removal: The City Council may remove any member of the HRB for cause.

F.

Compensation: Members shall serve without pay. Members may be reimbursed for actual expenses incurred in the performance of their duties from available funds approved in advance by the Administrator.

(Ord. No. O-15-20, 6-23-2020; Ord. No. O-10-23, 9-26-2023)

A.

Officers: The HRB shall elect a chairperson and a vice-chairperson from its members who shall serve for 1 year or until reelected, or until a successor is elected. The HRB shall appoint a secretary, who may be an employee of the City.

B.

Meetings: Meetings of the HRB shall be held at the call of the chairperson and at such other times as the HRB may determine. All meetings shall be open to the public.

C.

Quorum: At least 3 of the members of the HRB must be present to constitute a quorum.

D.

Rules of Proceeding:

1.

The HRB shall adopt and adhere to rules of procedure for the conduct of business.

2.

An abstention from voting shall be considered a vote to deny the motion.

E.

Minutes: The HRB shall keep minutes of its proceedings, as required by state law.