This article sets forth procedures for zone changes, amending text in the county zoning and development codes or comprehensive plan and amending the zoning map. The purpose is not to relieve particular hardships, nor confer special privileges or rights on any person, but only to make needed adjustments and improvements due to improved processes, changed conditions or changes in policy. Procedures for making these amendments are set forth herein.

(Ord. No. 22-O-05, § 2, 5-3-2022)

A.

Zoning and development code ordinances and comprehensive plan text amendments may be initiated by any of the following parties:

1.

Director of planning and development.

2.

Planning commission.

3.

County council.

B.

Zoning map amendments may be initiated by any of the following parties:

1.

Property owner or agent of property owner.

2.

Option holder.

3.

Planning commission.

4.

County council.

C.

Parties not listed may petition the PC and/or council to initiate a change, but they are not bound to act on behalf of the petitioner.

(Ord. No. 22-O-05, § 2, 5-3-2022)

A.

An application form and fee, with a description of the proposed change shall be submitted to the director. The form and fee are waived for any amendment requested by a county official, board or county, state, or federal agency.

B.

Upon receipt of an application, the director shall examine it for completeness, and shall within ten days either return the application for additional information or after making any required change(s) and preparing the case briefing, forward it to the PC for review at their next regularly scheduled meeting.

(Ord. No. 22-O-05, § 2, 5-3-2022)

A.

Planning commission (PC) action.

1.

The director shall create the case briefing and forward all text amendment requests to the PC for review and recommendation. The PC shall act upon a completed application within 30 days after receipt thereof:

a.

To defer not more than 30 days; or

b.

To recommend either denial or approval.

2.

The decision shall be determined by a majority of those voting. Failure to act within said timeframe shall constitute a recommendation of approval.

3.

The PC may consider the proposed text amendment relative to the following:

a.

How it relates to and affects the zoning and/or development codes, or comprehensive plan.

b.

Changes in conditions since the adoption of the plan or ordinance.

c.

The need to correct an error or deficiency in the ordinance or the plan.

d.

Any benefits which would be derived from the amendment.

e.

Any cost to the government generated by the amendment in terms of expenditures for public improvements, facilities, and services.

4.

The PC shall forward its recommendation to the county council for final action following a public hearing.

B.

County council action.

1.

Notice of public hearing shall announce the text amendment request in a county newspaper of general circulation at least 15 days prior to the public hearing where the amendment will be heard. Amendments to the comprehensive plan requires a 30-day notice, as mandated by the state. The notice shall state the nature of the change and the time, date, and place of the hearing.

2.

County council shall consider the recommendation of the PC and vote to approve, deny, or modify a proposed amendment, or refer it back to the PC for further study, or take other action as it may deem necessary.

C.

Effect of approval. An approved text amendment ordinance shall become effective immediately after such adoption.

D.

Appeals. Any person who may have a substantial interest in any decision of the county council may appeal said decision to the county circuit court by filing with the clerk a written petition setting forth plainly, fully, and distinctly wherein such decision is contrary to law. Such appeal shall be filed within 30 days after the decision of the county council is rendered.

(Ord. No. 22-O-05, § 2, 5-3-2022)

A.

Planning commission (PC) action.

1.

The director shall create the case briefing and forward all map amendment requests to the PC for review and recommendation. The PC shall act on a completed application within 30 days after receipt thereof:

a.

To defer not more than 30 days; or

b.

To recommend either denial or approval.

2.

The decision shall be determined by a majority of those voting. Failure to act within said time frame shall constitute a recommendation of approval.

3.

The PC is encouraged to consider and recommend approval if the proposed map amendment meets the following criteria:

a.

The proposed amendment is consistent with the comprehensive plan and the stated purpose of this chapter;

b.

The proposed amendment will allow development that is compatible with existing uses and zoning of nearby property;

c.

The county and other service providers will be able to provide adequate water and sewer supply, stormwater facilities, waste disposal and other public facilities and services to the subject property, while maintaining adequate levels of service to existing development;

d.

The applicant provides documentation that the proposed amendment will not result in significant adverse impacts on other property in the vicinity of the subject tract or the environment, including air, water, noise, stormwater management, wildlife and natural resources; and

e.

The subject property is suitable for the proposed zoning classification considering such things as parcel size, parcel configuration, road access, and the presence of natural resources and amenities.

4.

The PC shall forward its recommendation to county council for final action following a public hearing.

B.

County council action.

1.

Notice of public hearing shall include announcing the map amendment ordinance request in a county newspaper of general circulation at least 15 days prior to the public hearing where the amendment will be heard, or 30 days for Comprehensive Plan amendments, as mandated by the state. The newspaper notice shall state the nature of the change and the time, date, and place of the hearing. Notice of public hearing for a zoning map amendment (zone change) shall also include posting the affected property. Such notice shall be posted at least 15 days prior to the hearing.

2.

County council shall consider the recommendation of the PC and vote to approve, deny, or modify a proposed amendment ordinance, or refer it back to the PC for further study, or take other action as it may deem necessary.

C.

Effect of approval.

1.

All applicants shall be notified in writing of final action.

2.

An approved map amendment ordinance shall become effective immediately after such adoption.

D.

Appeals. Any person who may have a substantial interest in any decision of the county council may appeal said decision to the county circuit court by filing with the clerk a written petition setting forth plainly, fully, and distinctly wherein such decision is contrary to law, Such appeal shall be filed within 30 days after the decision of the board is rendered.

E.

Consideration of denied applications. The PC shall not reconsider an application for change or relief to the same property or portion thereof, within one year from the date of final determination and notification.

F.

Consistency with comprehensive plan. Zoning regulations and map amendments shall be consistent with the comprehensive plan in accordance with S.C. Code 1976, § 6-29-720(B).

(Ord. No. 22-O-05, § 2, 5-3-2022)