This article sets forth the requirements for obtaining permits for zoning, building, signs, plats, zone changes, variances, conditional uses, special exceptions, and certificates of occupancy. It also defines the duties, powers, and limitations of the planning and development department director hereinafter (director) and the planning commission (PC), who are responsible for the administration and enforcement of this article.

(Ord. No. 22-O-05, § 2, 5-3-2022)

A.

The various provisions of this chapter shall be administered by the director and designated planning staff and compliance officers. It shall be the duty of the director to carry out and enforce, remedy violations, and issue permits in compliance with this chapter.

B.

The director shall maintain a record of all zoning permits on file at his office, and copies shall be made available upon request.

(Ord. No. 22-O-05, § 2, 5-3-2022)

A.

Responsibility.

1.

It is the responsibility of the director or his designee to administer the requirements for processing applications and issuing permits according with the provisions of this section. The director shall collect such fees for the issuance of permits as are authorized by the fee schedule as adopted by the county council.

2.

It shall be the responsibility of an applicant to provide the required information needed and/or requested to process a permit application.

B.

Permits required.

1.

Generally.

a.

No building, structure, or sign requiring a permit or any part thereof shall be erected, added to, removed, or structurally altered, nor shall any excavation be commenced until the required permits have been issued.

b.

No building, structure, or land shall be converted, wholly or in part, to any other use until all applicable and appropriate licenses, certificates, and permits have been issued certifying compliance with this chapter. No zoning permit may be issued for any property where a violation of the nuisance ordinance, floodplain prevention ordinance, or building code exists unless the zoning permit is issued as part of the compliance action.

c.

No permits inconsistent with the provisions of this chapter shall be issued unless accompanied by an approved variance.

d.

The director may make or require inspections of any land disturbing activity, construction or maintenance requirement to ascertain compliance with the provisions of this title and the approved permit applications, plats, plans, and/or certificates.

e.

The provisions of this section shall not apply to the necessary construction, replacement or maintenance by a public utility of its outside plant facilities, including such items as poles, cross-arms, guys, wires, cables, and drops.

f.

Failure to apply for and obtain the appropriate required permits, including building, zoning, sign and/or floodplain permits, prior to commencing any work shall require the issuance of a stop-work-order, which shall not be removed to allow further work to commence until applicant has submitted everything needed for all required permits, received approval on all permits, and paid a double-permit fee fine for each required permit. Failure to comply and/or pay the double-permit fee fine may cause the property owner to be fined up to $500.00 and serve up to 30 days in jail in accordance with the Colleton County Codes. Each day of violation of specific provision of this chapter shall constitute a separate offense.

2.

Zoning permit.

a.

A zoning permit shall be required in advance of:

i.

The issuance of a building permit.

ii.

Changing the use of any part of a structure or lot, including any increase in the number of dwelling units occupying a building or lot. A change in use shall mean that the new use is a different land use than the existing use.

iii.

The installation of a manufacturing or other industrial process whose operation may generate a public nuisance as set forth in section 1 4.083.020(S).

iv.

Installation of any sign for which a permit is required.

v.

The establishment of a temporary use.

b.

Notwithstanding any other provisions of this chapter, no zoning permit is necessary for the following uses:

i.

Street or public utility repair;

ii.

Mailboxes, newspaper boxes, birdhouses, flag poles, pump covers, and doghouses;

iii.

Interior alterations and renovations which do not alter the footprint, elevation, height, structural support, or use of an otherwise conforming use and/or structure.

c.

When the director receives an application for a zoning permit whose proposed improvement and use described and illustrated conforms to all requirements of this chapter, he shall issue a zoning permit and return a signed copy to the applicant within ten days of receipt of the application.

d.

When the director receives an application for a zoning permit whose proposed improvement and use described and illustrated does not conform to this chapter, he shall deny the issuance of a zoning permit, and so advise the applicant within ten days, citing the particular sections of this chapter with which the application does not comply.

e.

If the zoning permit is denied, the applicant may appeal the action of the director to the ZBA as provided for in article 14.08-7. Such appeal shall be made within 30 days of such permit denial.

f.

If the work described in any zoning permit has not begun within 180 days from the date of issuance thereof, said permit shall expire; it shall be canceled and written notice thereof shall be given to the applicant, unless extended by the director upon reapplication by the applicant, with payment of any reapplication fees.

3.

Building permits. A building permit shall be required of all proposed building and/or construction activity unless expressly exempted by adopted county building codes.

a.

One story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided the floor area does not exceed 225 square feet, regardless of cost, are exempt from permits per section 105 Permits, paragraph 105.2 Work Exempt from Building Permit, of the IBC and IRC.

b.

Areas not affected. This chapter shall not affect any incorporated areas of the County, except the Town of Cottageville, where the County has agreed to do all permitting and inspections until such time the Town reacquires that ability.

c.

Other areas not affected. This chapter shall not affect any parcel of land owned by the State or Federal Government, or any buildings or structures placed thereon.

4.

Sign permits. Where a sign permit is required by article 14.08-6, the permit application shall be accompanied by the following:

a.

A common signage plan, where applicable, in accordance with the requirements of section 14.08-6.020(C).

b.

Identification of landowner and/or leaseholder of property on which the sign is to be erected, including street address and property TMS parcel number.

c.

Name, street address, and email address of the sign owner.

d.

Site plan sketch with dimensions (professional design not required) showing the location of the sign with respect to the property and right-of-way lines, buildings, setback lines, parking areas, existing signs, and buffer areas.

e.

Correct size, shape, configuration, face area, height, nature, number, and type of sign to be erected, including the size of letters and graphics.

f.

The value of the sign and sign structure.

g.

The director may waive any of the informational requirements listed above deemed unnecessary to process an application.

5.

Certificate of occupancy. (C of O).

a.

It shall be unlawful to use or occupy any building or premises until a certificate of occupancy (C of O) or temporary certificate of occupancy (TCO) has been issued stating the building and/or land conforms to the requirements of this chapter.

b.

Failure to obtain a certificate of occupancy shall be a violation.

c.

The director can issue a 30, 60, or 90 day (TCO) for projects with interior or exterior improvements that don't effect the building's structure or completion of construction, such as rack shelving, kitchen or processing equipment, or landscaping and/or parking that can't be installed due to bad weather conditions, which allows the building to be occupied. A TCO may be issued for a period not to exceed three months. A final C of O shall not be issued until all required landscaping and/or parking is installed.

C.

Zoning permit application procedures. Each application for a zoning permit shall be accompanied by a site plan. The director may waive any informational requirements deemed unnecessary to process an application for minor and major site plans.

1.

Minor site plan.

a.

Minor site plans shall be required for single-family and two-family residential homes, and any development with:

i.

All accessory structures and any use with less than 2,500 square feet of building area;

ii.

Commercial developments or any use with less than ten parking spaces required or provided; and

iii.

Less than one acre of land with any nonresidential use.

b.

Minor site plans for a zoning permit do not have to be professionally drawn but it's preferred they be drawn on the property survey. If not, they shall contain the following minimum information:

i.

Shape, acreage, and actual dimensions of the lot to be built upon;

ii.

Location of lot with respect to any rights-of-way, easements, and water features;

iii.

Existing and proposed use of the building or land;

iv.

Location and size of existing and proposed structures, and any to be removed;

v.

Required building setback lines;

vi.

Required buffers and landscaping;

vii.

Location and dimensions of any required parking and driveways;

viii.

Private water/septic systems approval by DHEC (if applicable); and

ix.

Such other information as deemed necessary by the director.

c.

Two copies of the site plan shall be submitted for review with the zoning permit application.

2.

Major site plan.

a.

Major site plans shall be required for all other developments.

b.

Major site plans shall be professionally drawn and contain the following minimum information:

i.

All information required of general property surveys, in accordance with the Minimum Standards Manual for the Practice of Land Surveying in South Carolina;

ii.

Project title, owner names, addresses and email addresses, parcel number(s), and zoning;

iii.

North arrow;

iv.

Original submittal date;

v.

Revision dates;

vi.

Vicinity map;

vii.

Scale (between one inch equals 50 feet and one inch equals 200 feet);

viii.

Zoning district and any applicable overlay districts;

ix.

Adjacent property owner names, parcel numbers, and zoning;

x.

Shape, acreage, and actual dimensions of lot being built upon;

xi.

Location of lot with respect to any rights-of-way, easements, and water features;

xii.

Existing and proposed use of the building or land;

xiii.

Location and size of all existing and proposed structures on the lot, and any to be removed;

xiv.

Required building setback lines;

xv.

Required buffers and landscaping;

xvi.

Location and dimensions of parking and driveways;

xvii.

Drainage plan by qualified professional engineer showing all structures and easements;

xviii.

Boundaries of floodplains (if applicable);

xix.

Topography;

xx.

Location of watercourses and any wetlands (if applicable);

xxi.

Private water, septic system, or well approval by DHEC (if applicable);

xxii.

All applicable permits required by DHEC, including mining, wetlands, etc.; and

xxiii.

Such other information as deemed necessary by the director.

D.

Administrative variance. Administrative variances may be issued by the director for encroachments of a principal or accessory building into any required yard, up to a maximum of ten percent of the applicable required yard setback, provided that:

1.

The request involves only one encroachment into one required yard per lot;

2.

The encroachment is a result of a construction error by the property owner or designee;

3.

The encroachment cannot be corrected without substantial hardship and expense to the property owner;

4.

The encroachment will not substantially interfere with the convenient and enjoyable use of adjacent properties and will not pose any substantial danger to the public health, safety and welfare.

(Ord. No. 22-O-05, § 2, 5-3-2022)

A.

Complaints regarding violations. Whenever a violation of this chapter is alleged to have occurred, the director or compliance officer shall record and investigate such complaint, and take such action as provided by this chapter. Complaints may be filed in writing or verbally, stating fully the cause and basis thereof.

B.

Penalties for violations.

1.

Fine and/or imprisonment. Any violation of any provision of this chapter is punishable by fine of $500.00 and/or up to 30 days in jail. Each day's violation of any provision of this chapter shall constitute a separate offense.

2.

Withholding permits. The director shall deny any permits for any use or work which fails to comply with this chapter. The director or compliance officers shall withhold all other county permits for work which violates this chapter.

3.

Stop work orders. The director or compliance officers are authorized to issue a stop work order pursuant to S.C. Code 1976, § 6-29-950(A), requiring work to cease until specific code violations are corrected. Failure to comply with a stop work order is a misdemeanor punishable under the general provisions of this Code. Issuance of a stop work order may be appealed to the ZBA.

4.

Ordinance summons. The director or compliance officers are authorized to issue an ordinance summons pursuant to county Code provisions for violations of this chapter.

5.

Arrest warrant. The director, with concurrence of the county attorney, is authorized to request the issuance of an arrest warrant for violations of this chapter.

6.

Injunction. The director shall submit a request to the county attorney for institution of a civil action seeking an injunction prohibiting violation of this chapter when appropriate.

(Ord. No. 22-O-05, § 2, 5-3-2022)

A.

Establishment of planning commission. The county planning commission (PC) is hereby established under the provisions of the S.C. Code, § 6-29-320.

B.

Powers and duties of the planning commission (PC).

1.

The PC shall undertake a continuing planning program for the physical, social, and economic growth, development, and redevelopment of the unincorporated areas of the county, and the Town of Cottageville, as long as the intergovernmental agreement is in effect. The PC may make, publish, and distribute maps, plans, reports, and recommendations relating to the development of its area of jurisdiction to county officials and outside agencies, such as, public utilities, civic, educational, professional, and other organizations and citizens. The PC, its members and employees, in the performance of its functions, may enter upon any land with consent of the property owner or after ten days' written notification to the owner of record, make examinations and surveys, and place and maintain necessary monuments and marks on them; provided, however, that the PC shall be liable for any injury or damage to property resulting therefrom. In general, the PC has the powers as may be necessary to enable it to perform its functions and promote the planning of its political jurisdiction.

2.

In the discharge of its responsibilities, the PC has the power and duty to:

a.

Periodically prepare and revise plans and programs for the development and redevelopment of its area of jurisdiction; and

b.

Prepare and recommend for adoption to the county council as a means for implementing the plans and programs in its area:

i.

The comprehensive plan and any required updates or revisions as mandated by the state;

ii.

Zoning ordinances and zoning district maps and appropriate revisions thereof;

iii.

Regulations for the subdivision or development of land and appropriate revisions thereof, and to oversee the administration of the regulations that may be adopted;

iv.

An official map and appropriate revisions showing the exact location of existing or proposed public streets, highways, utility rights-of-way, and public building sites, together with regulations to control their construction or erection, or changes in land use within the rights-of- way, building sites, or open spaces within its political jurisdiction or any portion thereof;

v.

A landscaping ordinance setting forth required planting, tree preservation, and other aesthetic considerations for land and structures, and any other ordinances deemed necessary;

vi.

A capital improvements program (CIP) setting forth projects required to create and implement plans, including an annual listing of the county's prioritized capital projects by year for consideration by county council for implementation prior to preparation of the annual capital and fiscal year budget; and

vii.

Policies or procedures to facilitate implementation of planning elements.

C.

Composition of the commission.

1.

The PC shall consist of nine members appointed by county council for overlapping terms of four years. Five members first appointed shall serve four years, and four members first appointed shall serve two years, such terms to be decided by lot.

2.

To the extent possible, membership should be representative of the racial and gender composition of the county, and represent a broad cross section of the interests and concerns. No member shall be the holder of an elected public office in the county.

3.

Members shall serve until their successors are appointed and qualified.

D.

Funding, expenditures, and contracts. The PC may cooperate with, contract with, or accept funds from federal and state government agencies, local general purpose governments, school districts, special purpose districts, including those of other states, public or charitable organizations, or private individuals or corporations; it may expend the funds; and it may carry out such cooperative undertakings and contracts as it considers necessary.

E.

Removal of members. Members of the PC may be removed at any time by county 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)(l), 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 general lack of attendance at meetings, or non-attendance at any three (3) consecutive meetings, may constitute cause.

F.

Organization and rules of procedure. The PC shall organize, elect officers, and adopt rules of procedure as required by S.C. Code 1976, § 6-29-360.

(Ord. No. 22-O-05, § 2, 5-3-2022)