(a)

The town council shall appoint the building code administrator who, as such, will be assigned the duty and authority to administer and enforce the provisions of this chapter.

(b)

If the building code administrator shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations, 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. of 6-11-81, § 800; Ord. of 2-13-03(1), § 15; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

Cross reference— Building inspection department, § 14-71 et seq.

No building, sign or other structure shall hereafter be erected, moved, added to, or structurally altered without a permit thereof, issued by the building code administrator except in conformity with the provisions of this chapter and chapter 71, unless he is so directed by the zoning board of appeals as provided by this chapter and chapter 62. No building permit issued under the provisions of this chapter for land use or construction in the town shall be considered valid unless signed by the building official or building code administrator.

(Ord. of 6-11-81, § 801; Ord. of 2-13-03(1), § 16; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

(a)

All applications for building permits shall be accompanied by plans in duplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon, a site plan of which one additional copy shall be in digital form (disk/CD), depicting the area to be cleared, the area required for the septic system, where applicable, and the location of all "protected trees," the exact location on the lot of any building(s) already existing, and the locations and dimensions of the proposed building or alteration. The application shall include the exact sizes and locations on the lot of the buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the building official or building code Administrator, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this chapter. At the time of the application, all protected trees on a lot that require removal for the proposed construction shall be marked with flagging tape.

(b)

One copy of the plans shall be returned to the applicant by the building code administrator, after he/she has marked such copy either as approved or disapproved and attested to same by their signature on such copy. The original copy of the plans, similarly marked, shall be retained by the building code administrator.

(c)

In addition, pre-construction site plans and as-built site plans shall be required for all additions and new construction projects. The building code administrator shall have the authority to exempt the site plan or as-built, providing the projects do not alter the footprint of the structure as defined in section 86-186(a)(1)(c).

(Ord. of 6-11-81, § 802; Ord. of 6-21-01(2), § 4; Ord. of 2-13-03(1), § 17; Ord. of 11-11-04(2), § 1; Ord. of 3-8-07(1), § 1; Ord. of 10-11-07(2), § 1; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

(a)

It shall be unlawful to use or occupy or permit the use or 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 of structure until a certificate of occupancy shall have been issued therefore by the building code administrator. The certificate of occupancy shall state that the proposed use of the building of land conforms to the requirements of the town's ordinances and all applicable building codes.

(b)

No nonconforming structure or use shall be maintained, renewed, changed or extended until a certificate of occupancy has been issued, which shall state specifically wherein the nonconforming use differs from the provisions of this chapter, provided that upon enactment or amendment of this chapter, owners or occupants of nonconforming uses or structures shall have three months to apply for certificates of occupancy. Failure to make such application within three months shall be presumptive evidence that the property was in conformance at the time of enactment or amendment of this chapter.

(c)

No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a certificate of occupancy. The certificate shall be issued in conformity with the provisions of this chapter upon completion of the work. A temporary certificate of occupancy may be issued by the building code administrator during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

(d)

No certificate of occupancy issued under the provisions of this chapter shall be considered valid unless signed by the building code administrator as duly designated in section 86-61.

(e)

The building code administrator shall maintain a record of all certificates of occupancy and a copy shall be furnished upon request to any person.

(f)

Failure to obtain a certificate of occupancy shall be a violation of this chapter and punishable under section 86-69.

(g)

Before issuance of a certificate of occupancy an as-built site plan and height certification shall be provided to the building department. The as-built site plan shall be in paper and digital form (disk/CD). The as-built site plan and height certification shall bear the seal of a licensed and certified surveyor within the State of South Carolina. The required height certification shall be provided to the building department at or before the rough-in inspection and shall bear the seal of a licensed and certified surveyor within the State of South Carolina. The building code administrator may waive the requirement for an as-built or height certification where the building footprint as defined in section 86-186 (a)(1)(c) has not been modified, and/or there were no roof modifications or additions.

(Ord. of 6-11-81, § 803; Ord. of 2-13-03(1), § 18; Ord. of 10-11-07(2), § 2; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

Conditional uses, as set forth in sections 86-136 through 86-145, and temporary uses, as set forth in this section, are declared to possess characteristics which require certain controls in order to ensure compatibility with other uses in the district within which they are proposed for location.

(1)

General requirements. Conditional uses shall be permitted subject to a determination by the building code administrator that they conform to all regulations set forth herein and elsewhere in this chapter, with particular reference to those requirements established for those districts in which they are proposed for location.

(2)

Conditional use administration and duration. Applications for permission to build, erect or locate a conditional use shall be submitted and processed in accordance with the regulations set forth in this article, prior to this issuance of any permits. It shall be the responsibility of the building code administrator to determine compliance with the conditions for such use. Seasonal uses, which are proposed to be open for more than three weeks, but less than six months, shall be processed as a conditional use, not a temporary use.

(3)

Temporary uses. The building code administrator, or his designee, is authorized to approve and issue a temporary certificate of zoning compliance for temporary uses, as follows:

a.

Carnival, circus, fair, street dances, tournaments, festivals and similar special events that draw large crowds.

1.

No more than 100 people will be participating;

2.

No special parking or traffic control is necessary as determined by the police department;

3.

The event is scheduled to last less than eight hours per day for no more than two days; and

4.

The applicant has provided such information and performance assurances and/or requirements as may be set forth in the special events application town council may adopt from time to time, including such certificates of liability insurance as may be required.

5.

Appeals of the building code administrator's decisions on a special event application are appealable to town council. Accordingly, applications should be filed well in advance to allow for processing and appeal.

b.

Religious meeting in a tent or other temporary structure in C-1, C-2, or C-3 districts, for a period not to exceed seven days.

c.

Open lot sale of Christmas trees, in the C-2 and C-3 districts for a period not to exceed 30 days.

d.

Contractor's office and equipment sheds, in any district, for a period of six months, provided that such office be placed on the property to which it is appurtenant, and further provided that such office shall not be used for living, sleeping or housekeeping purposes.

e.

All temporary certificates of zoning compliance may be renewed provided that it is clearly of a temporary nature, will cause no traffic congestion and would not create a nuisance to surrounding uses.

f.

All structures for which a temporary certificate of zoning compliance has been issued shall be removed from the town immediately at any time the National Hurricane Center predicts landfall of a hurricane within 72 hours and within 70 miles of the town, and shall remain out of the town until such alert is lifted. The building code administrator shall not issue a permit under this section for a structure which cannot be removed within two hours. The permittee shall provide written evidence that he has available when needed equipment necessary for the removal of the temporary structure.

(Ord. of 6-11-81, § 804; Ord. of 9-11-86, §§ 1, 2; Ord. of 8-7-97(2), § 2; Ord. of 9-14-00, § 1; Ord. of 2-13-03(1), § 19; Ord. No. 2009-03, § 1, 2-12-09; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

If the work described in any building permit has not begun within six months from the date of issuance thereof, the permit shall become invalid, or if the building or work authorized by such permit is suspended or abandoned for a period of six months or more after the work has commenced, the permit shall become invalid and it shall be canceled by the building code administrator, subject to vested rights and/or any other state or federal laws. Written notice thereof shall be given to the persons affected. Failure of the building code administrator to send a written notice shall not be construed as a prerequisite to the expiration of the permit; rather, it is an administrative courtesy.

(Ord. of 6-11-81, § 805; Ord. of 2-13-03(1), § 20; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the building code administrator. The building code administrator shall record properly such complaint, immediately investigate, and take whatever action is necessary to assure compliance with the chapter.

(Ord. of 6-11-81, § 806; Ord. of 2-13-03(1), § 21; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

(a)

In case any building or structure is proposed to be or is erected, constructed, reconstructed, altered, maintained, or used; or any land is proposed to be or is used in violation of this chapter, the town administrator, building code administrator, town council, the town attorney, or any other person aggrieved may, in addition to other remedies provided by law, institute an injunction, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use. See also chapter 71, article IV, and chapter 14.

(b)

Any occupant violating the permit terms of the septic or sewer system to which the building is connected shall be subject to withholding or revocation of the building's certificate of occupancy. In the event any occupant violates the permit terms of the septic or sewer system to which the building has been connected, the town administrator, building code administrator, town council, the town attorney, or any other person aggrieved may, in addition to proceeding to prevent, enjoin, abate, or remove such unlawful use of the sewer or septic system, and the occupant may be subject to additional remedies and actions under chapter 14 and the International Building Code or state law.

(Ord. of 6-11-81, § 807; Ord. of 2-13-03(1), § 22; Ord. of 10-9-03(2), § 6; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

(a)

Any person violating any provisions of this chapter shall be guilty of a misdemeanor, shall be prosecuted according to procedures established for misdemeanors, and, upon conviction, shall be fined as determined by the court for each offense. Each day such violation continues shall constitute a separate offense.

(b)

Nothing herein contained shall prevent the town from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. of 6-11-81, § 808; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

It is the intention of this chapter that all questions arising in connection with the enforcement of this chapter shall be presented first to the building code administrator and that such questions shall be presented to the zoning board of appeals only on appeal from the decision of the building code administrator, as provided for in article III of chapter 62.

(Ord. of 6-11-81, § 809; Ord. of 2-13-03(1), § 23; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)