Bennettsville City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 152.115 ADMINISTRATIVE OFFICER.
(A) It shall be the duty of the duly appointed Building Inspector, and he is hereby given the authority to administer and enforce all provisions of this chapter.
(B) If the Building Inspector shall find that any one of the provisions of this chapter is being violated, he shall notify in writing the person responsible for the violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuances of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alteration or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
(Ord. 94-06-01, passed 6-14-94)
§ 152.116 BUILDING AND SIGN PERMITS; APPLICATION.
(A) (1) Unless elsewhere exempted by this chapter, no building, sign or other structure shall be erected, moved, added to or structurally altered without a permit therefor, issued by the Building Inspector.
(2) No building or sign permit shall be issued by the Building Inspector except in conformity with the provisions of this chapter, unless he receives a written order from the Board of Zoning and Housing Appeals in the form of an administrative review, special exception or variance as provided by this chapter.
(3) In addition to the requirements of this chapter, the Building Inspector shall review sign permits for compliance with the provisions of the Building Code in effect in the city. Unlawful signs shall be made to comply with all regulations or shall be removed in accordance with the appropriate provisions set forth in the Building Code.
(4) If the work described in any building permit has not begun within six months from the date of issuance thereof, the permit shall expire. It shall be canceled by the Building Inspector and written notice thereof shall be given to the persons affected.
(B) (1) Application requirements for a building permit.
(a) Each application for a permit for a building or structure other than a sign shall be accompanied by two sets of the following or as much thereof as the Building Official shall find necessary to determine whether the proposed building or use will be in compliance with the provisions of this chapter.
(b) A plat and/or site plan with date and scale, showing the actual shape and dimensions of the lot to be built upon; the size, height and location on the lot of existing and proposed buildings and structures; the existing and intended use of each building; the number of families or housekeeping units the building is designed to accommodate; buffer areas; flood and wetland areas; proposed parking; building elevations and other information with regard to the lot and contiguous land uses as required to determine compliance with and provide for the enforcement of this chapter.
(2) Application requirements for a sign permit. Each application to erect a sign, where a sign permit is required by this chapter, shall be accompanied by the following information:
(a) Common signage plan, where applicable, in accord with the requirements of § 152.048;
(b) Identification of ownership and/or leaseholder of property on which the sign is to be erected, including street address;
(c) Name and address of the owner of the sign;
(d) Site plan sketch with dimensions (non-professionally drafted plan is acceptable) showing the location of the sign with respect to the property and right-of-way lines, building and setback lines, and buildings, parking areas, existing free-standing signs and buffer areas;
(e) Correct size, shape, configuration, face area, height, nature, number and type of sign to be erected;
(f) The value of the sign and sign structure; and
(g) The Building Official may waive any of the informational requirements listed above deemed unnecessary to process an application.
(3) Fees. Fees to cover the administrative cost of issuing permits and certificates shall accompany all requests for the permits and certificates, and for processing applications for variance and amendments. The amount of the fees shall be determined by the Mayor and City Council, a schedule of which shall be available at City Hall.
(Ord. 94-06-01, passed 6-14-94; Am. Ord. 05-02-03, passed 2-15-05)
§ 152.117 CERTIFICATES OF COMPLIANCE.
It shall be unlawful to use or occupy or permit the use of occupancy of any building or premises, or both, or parts thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the Building Inspector stating that the proposed use of the building or land conforms to the requirements of this chapter.
(Ord. 94-06-01, passed 6-14-94)
§ 152.118 COMPLAINTS; APPEALS.
(A) Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. The complaint stating fully the causes and basis thereof shall be filed with the Building Inspector. He shall record properly the complaint, immediately investigate and take action thereon as provided by this chapter.
(B) It is the intention of this chapter that all questions arising in connection with the enforcement of the chapter shall be presented first to the Building Inspector and that the question shall be presented to the Board of Zoning and Housing Appeals only on appeal from the decisions of the Building Inspector.
(Ord. 94-06-01, passed 6-14-94; Am. Ord. 00-08-01, passed 8-15-00; Am. Ord. 05-02-03, passed 2-15-05)
§ 152.119 BOARD OF ZONING AND HOUSING APPEALS.
(A) A Board of Zoning and Housing Appeals is hereby established. The Board shall consist of seven members, who shall be citizens of the city and shall be appointed by the City Council for overlapping terms of three years. Initial appointment shall be as follows: two members for a term of three years, three members for a term of two years and two members for a term of one year. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall serve without pay, but may be reimbursed for any expenses incurred while representing the Board.
(B) The Board of Zoning and Housing Appeals shall elect a chairman and a vice-chairman from its members who shall serve for one year or until reelected or until their successors are elected. The Board shall appoint a secretary, who shall be a city staff member. The Board shall adopt rules and by-laws in accordance with the provisions of this chapter and the S.C. Code Title 6, Chapter 7. Meetings of the Board shall be held at the call of the Chairman and at other times as the Board may determine. All meetings of the Board shall be open to the public.
(C) The concurring vote of a majority of members shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to affect any variation of this chapter. 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 the fact, and shall keep records of its examinations and other official actions, all of which shall be maintained by the Secretary and shall be a public record. On all appeals, applications and other matters brought before the Board of Zoning and Housing Appeals, the Board shall inform in writing all the parties involved of its decisions and the reasons therefor, via certified mail.
(D) (1) Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality or county. The appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Zoning and Housing Appeals notice of appeal specifying the ground thereof. The Building Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(2) An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.
(3) The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney.
(E) (1) The Board of Zoning and Housing Appeals shall have the following powers and duties:
(a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination by the Building Inspector in the enforcement of this act.
(b) To authorize upon appeal in specific cases, a variance from the terms of the chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the chapter will, in an individual case, result in unnecessary hardship, so that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done. The variance may be granted in the individual case of unnecessary hardship upon a finding by the Board of Zoning and Housing Appeals that:
1. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;
2. The application of the chapter on the particular piece of property would create an unnecessary hardship;
3. Conditions are peculiar to the particular piece of property involved; and
4. Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of the chapter or the comprehensive plan, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited in a given district.
(2) In exercising the above powers, the Board of Zoning and Housing Appeals may, in conformity with the provisions of this act, reverse or affirm, wholly or in part, or may modify the order, requirements, decision or determination, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. The Board, in the execution of the duties for which appointed, may subpoena witnesses and in case of contempt may certify such fact to the circuit court having jurisdiction.
(F) Any person who may have a substantial interest in any decision of the Board of Zoning and Housing Appeals may appeal from any decision of the Board to the circuit court in and for the County of Marlboro with the clerk of the court a petition in writing setting forth plainly, fully and distinctly wherein the decision is contrary to law. The appeal shall be filed within 30 days after the decision of the Board is rendered.
(Ord. 94-06-01, passed 6-14-94; Am. Ord. 00-08-01, passed 8-15-00; Am. Ord. 05-02-03, passed 2-15-05)
§ 152.120 AMENDMENTS.
(A) Authorization.
(1) This chapter, including the zoning map, may be amended from time to time by the City Council, but no amendment shall become effective unless it shall have been proposed by or shall have first been submitted to the Planning Commission for review and recommendation. The Planning Commission shall have 30 days within which to submit its report. If the Commission fails to submit a report within the 30-day period, it shall be deemed, to have approved the request amendment. In no instance shall a property owner or owners initiate action for a zoning amendment affecting the same parcel of property, or any part thereof, more often than once every 12 months.
(2) Any communication purporting to be an application for a change shall be regarded as mere notice to seek relief until it is made in the form required. Upon receipt of any communication, the interested parties shall be supplied with the proper form for presenting his application by the Building Inspector.
(B) Initiation. Proposed changes or amendments to the chapter may be initiated by City Council, Planning Commission, Board of Zoning and Housing Appeals, or by application of any interested property owner or resident of the city.
(C) Public hearing. Before enacting an amendment to this chapter, the City Council shall hold a public hearing thereon, at least 15 days notice of the time and place of which shall be published in a newspaper of general circulation in the city.
(Ord. 94-06-01, passed 6-14-94; Am. Ord. 05-02-03, passed 2-15-05)
§ 152.999 PENALTY.
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 the violation continues shall constitute a separate offense. Nothing herein contained shall prevent the city from taking other lawful action as is necessary to prevent or remedy any violation.
(Ord. 94-06-01, passed 6-14-94)