This chapter shall be known and may be cited as the Zoning Ordinance of Colleton County, South Carolina. The Colleton County Official Zoning Map designating the various zoning districts shall be titled and known as the zoning map.

(Ord. No. 22-O-05, § 2, 5-3-2022)

In pursuance of authority conferred by S.C. Code 1976, § 6-29-710 and for:

A.

Promoting health, safety, and general welfare of the community;

B.

Lessening congestion in the streets;

C.

Securing safety from fire;

D.

Providing adequate light and air;

E.

Providing for adequate transportation, water, sewerage, schools, parks, and other public improvements;

F.

Protecting scenic and unique areas, in accordance with the comprehensive plan; the county council does ordain and enact into law the articles and sections set forth in this chapter.

(Ord. No. 22-O-05, § 2, 5-3-2022)

A.

The provisions of this chapter shall apply within the county and outside of any municipal jurisdictional boundaries as shown on the zoning map.

B.

Any violation of the previous zoning ordinance will continue to be a violation and subject to penalties and enforcement under article 14.08-8, unless the use, development, construction, or other activity complies with the provisions of this chapter, in which case enforcement action shall cease, except collecting penalties for violations that occurred prior to the effective date of the ordinance from which this chapter is derived.

C.

Any legal nonconformity under the previous zoning ordinances (Ordinance Nos. 990-25 and 9-7-2010) will remain a legal nonconformity under this chapter, until brought into conformance with this chapter, or if it becomes conforming because of the adoption of the ordinance from which this chapter is derived.

D.

Variances approved prior to the effective date of the ordinance from which this chapter is derived shall remain valid until their expiration date. Construction may continue in accordance with the development standards in effect at the time, provided the permit remains valid and has not lapsed.

E.

No provision of this chapter shall require a change in the plans, construction, or designated use of any structure for which approval was granted prior to the effective date of the ordinance from which this chapter is derived, provided the permit remains valid and has not lapsed.

F.

No previously approved lot shall be deemed an unusable lot under the provisions of this chapter.

G.

Any use legally established without special exception approval prior to the effective date of the ordinance from which this chapter is derived, which is located in a zoning district that now requires special exception approval, shall not be considered nonconforming. Expansions and modifications of such uses shall be subject to article 14.08-9.

H.

PDDs approved prior to the adoption of the ordinance from which this chapter is derived are "grandfathered" under this chapter and shall adhere to the site plan and provisions of the PDD under which the PDD was approved.

(Ord. No. 22-O-05, § 2, 5-3-2022)

A.

Whenever the regulations of this chapter conflict with any statutes in affect, the regulations which requires more restrictive standards shall govern.

B.

Should any section or provision of this chapter be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the chapter as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.

C.

All ordinances and parts of ordinances in conflict herewith are repealed to the extent necessary to give this chapter full force and effect.

D.

If the provisions of this chapter are inconsistent with those of the state or federal government, the more restrictive provision shall control, to the extent permitted by law.

E.

If the provisions of this chapter are inconsistent with one another, or if they conflict with provisions found in other adopted county ordinances, the more restrictive provision will control. No text amendment, zoning variance or condition of approval attached to a development approved under this chapter shall have the effect of nullifying, abrogating or diminishing the provisions of any other county ordinance.

F.

This chapter is not intended to abrogate, annul, enforce, or otherwise interfere with any private easement, agreement or other private legal relationship. The county is only responsible for enforcing this chapter. Restrictive covenants affidavits shall be signed by the applicant or property owners for all applicable permit applications in compliance with S.C. Code 1976, § 6-29-1145, that states:

1.

In an application for a permit, the local planning agency must inquire in the application or by written instructions to an applicant whether the tract or parcel of land is restricted by any recorded covenant that is contrary to, conflicts with, or prohibits the permitted activity.

2.

If a local planning agency has actual notice of a restrictive covenant on a tract or parcel of land that is contrary to, conflicts with, or prohibits the permitted activity:

a.

In the application for the permit;

b.

From materials or information submitted by the person or persons requesting the permit; or

c.

From any other source, the local planning agency must not issue the zoning permit unless it receives confirmation from the applicant that the restrictive covenant has been released for the tract or parcel of land by action of the appropriate authority or property holders or by court order.

3.

As used in this section:

a.

The term "actual notice" is not constructive notice of documents filed in local offices concerning the property, and does not require the local planning agency to conduct searches in any records offices for filed restrictive covenants;

b.

The term "permit" does not mean an authorization to build or place a structure on a tract or parcel of land; and

c.

The term "restrictive covenant" does not mean a restriction concerning a type of structure that may be built or placed on a tract or parcel of land.

(Ord. No. 22-O-05, § 2, 5-3-2022)

A.

The regulations adopted pursuant to this chapter and all new developments shall be consistent with and designed in conformance with county adopted plans, including but not limited to the comprehensive plan, corridor plans, small area land use plans, transportation plans, and recreation plans.

B.

Public projects including new streets, structures, utilities, squares, parks, or other public grounds, open space or buildings for any use, whether publicly or privately owned, shall not be constructed or authorized in the county until the location, character, and extent of it have been submitted to the planning commission for review and comment as to the compatibility of the proposal with the comprehensive plan in accordance with S.C. Code 1976, § 6-29-540. In the event that the planning commission finds the proposal to be in conflict with the comprehensive plan, the commission shall transmit its findings and the particulars of the nonconformity to the entity proposing the facility. If the entity proposing the facility determines to go forward with the project which conflicts with the comprehensive plan, the entity shall publicly state its intention to proceed and the reasons for the action. A copy of this finding must be sent to the county council, the planning commission, and published as a public notice in a newspaper of general circulation at least 30 days prior to awarding a contract or beginning construction. Telephone, sewer, gas, or electric suppliers, utilities and providers, whether publicly or privately owned, whose plans have been approved by the county council or a state or federal regulatory agency or who are acting in accordance with a legislatively delegated right are exempt from this provision. These utilities must submit construction information to the planning commission.

(Ord. No. 22-O-05, § 2, 5-3-2022)

Pursuant the provisions of the Vested Rights Act, Act 287, adopted in 2004 by the state legislature, the following standards are established to specify the point at which a development is considered to have obtained a vested right:

A.

A vested right is attached to a development project once the developer or landowner has:

1.

Single-phased developments. Satisfied all conditions of site plan approval placed upon the proposed project by county staff and the planning commission.

2.

Multi-phased developments. Satisfied all conditions of site plan approval that are placed on the proposed phase of development by county staff and the planning commission.

B.

Such vested right shall extend for an initial period of two years. Within 120 days of expiration of the initial two-year vesting period, the developer or landowner may request, in writing, to the director of the county planning and development department, hereinafter (director), a one-year extension of the vesting period. Extensions of vested rights shall be given in one-year increments and shall not exceed five extensions, for a total vesting period of seven years.

C.

Requests for extensions shall be presented to the planning commission for consideration. The planning commission must approve the annual extension unless an amendment to the land development regulations has been adopted that prohibits approval. Upon expiration of a vested right, a building permit may be issued for development only in accordance with applicable land development regulations.

D.

A site specific 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.

Variances or special exceptions approved by the zoning board of appeals prior to planning commission approval of a site specific development plan do not create vested rights until the planning commission or planning department approval of the development plan is obtained and all conditions for approval satisfied.

(Ord. No. 22-O-05, § 2, 5-3-2022)

Requests for development agreements shall be processed pursuant to S.C. Code 1976, title 6, chapter 31, as amended. Development agreements require planning commission review and comment.

(Ord. No. 22-O-05, § 2, 5-3-2022)

The ordinance from which this chapter is derived shall become effective on May 3, 2022. Upon such date, this chapter and chapter 14.04 shall supersede, repeal, and replace the Colleton County Land Management Ordinance.

(Ord. No. 22-O-05, § 2, 5-3-2022)