ADMINISTRATION AND ENFORCEMENT
This article sets forth the procedures required for obtaining certificates of zoning compliance, repair permits, grading permits, sign permits, and certificates of occupancy. It also defines the duties, powers, and limitations of officials, departments, commissions, boards, and other groups which are or may be involved in the administration and enforcement of this chapter.
(Ord. No. 33-2006/07, § 8.1, 6-7-07)
The term "zoning administrator," when used throughout this chapter shall refer to the designated administrative official of the Florence County Planning Commission, who shall be responsible for the administration of the provisions of this chapter.
(Ord. No. 33-2006/07, § 8.2, 6-7-07; Ord. No. 17-2007/08, § 3, 2-21-08)
Each participating government shall designate a local official to work with the zoning administrator in the enforcement of these regulations.
(Ord. No. 33-2006/07, § 8.3, 6-7-07)
Administrative responsibilities shall include, but are not limited to, the following:
(1)
Interpretation of the general intent and/or specific meaning of any portion of the ordinance text, position of district boundaries, district designation, or other matters relating to the official zoning maps (atlas).
(2)
Maintain the official zoning maps (atlas) and record all amendments to and information thereon.
(3)
Maintain copies of this chapter for public inspection and have up to date copies available to the public. A mailing list of ordinance holders shall be kept in order to expedite dissemination of any annual amendments to the text.
(4)
Provide public information relating to zoning matters including scheduled meetings of the Florence County Planning Commission and Florence County Board of Zoning Appeals.
(5)
Receive, process, and record all applications for certificates of zoning compliance, zoning amendments, planned development projects, and variance requests with accompanying plans and documents which shall be a public record.
(6)
Register and maintain records and maps on non-conforming uses, structures, and undeveloped lots.
(7)
Receive and process applications for change and/or relief as provided for in article IX of this chapter.
(8)
Appear before and provide assistance to the Florence County Planning Commission and the Florence County Board of Zoning Appeals.
(9)
Revoke permits or certificates in violation of the provisions of this chapter.
In designated flood hazard areas, delineated on FEMA maps, the zoning administrator shall follow the procedures set forth by Division 4, FH Flood Hazard District, of this chapter.
(Ord. No. 33-2006/07, § 8.4, 6-7-07; Ord. No. 17-2007/08, § 3, 2-21-08; Ord. No. 08-2008/09, § 1, 11-20-08; Ord. No. 10-2014/15, § 1, 12-11-14)
Responsibilities of local enforcement officers and municipal officials shall include, but are not be limited to, the following:
(1)
Issue building permits and certificates of occupancy.
(2)
Serve notice of ordinance violations and process such violations.
(3)
Maintain public records of violation notices, permits, and certificates, with accompanying plans and documents.
(4)
Revoke permits or project approvals based on false application statements or misrepresentations.
(5)
Stop, by written order, work being done contrary to the provisions of this chapter or an approved certificate of zoning compliance.
(6)
Institute appropriate action or proceedings to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use of property. Initiate legal action after consultation with the zoning administrator, and such other local officials as appropriate.
(7)
Appear before the Florence County Planning Commission and the Florence County Board of Zoning Appeals to furnish information helpful to these groups in reaching decisions.
(Ord. No. 33-2006/07, § 8.5, 6-7-07; Ord. No. 17-2007/08, § 3, 2-21-08)
Applications for permits shall be filed on forms provided by the zoning administrator, signed by the owner or developer, and shall be accompanied by the required fees listed on the Florence County Fee Schedule, as approved by county council.
(Ord. No. 33-2006/07, § 8.6, 6-7-07; Ord. No. 14-2015/16, § 1, 12-10-15)
(a)
When required. A certificate of zoning compliance shall be required in advance of:
(1)
The issuance of a building permit for new construction or for existing construction where the footprint of an existing building is re-established through movement or increased through expansion.
(2)
Excavation preparatory to the construction of a structure for which a building permit is required.
(3)
The placement or relocation of manufactured homes.
(4)
Grading, filling, surfacing, or enlarging parking areas.
(5)
Changing the use of any part of a structure or zoning lot, including any increase in the number of families or dwelling units occupying a building or lot.
(6)
Installation of any sign for which a permit is required.
(7)
The establishment of a temporary use as required by section 30-99.
Exceptions: Certificates of zoning compliance are not required for maintenance work, repair work and trade work, provided that the work permitted will not result in a change of use or a change to the existing footprint of any existing building.
(b)
Processing procedures.
(1)
When the zoning administrator receives an application for a certificate of zoning compliance whose proposed improvement and use described and illustrated conforms to all requirements of this chapter, he shall issue a certificate of zoning compliance and return a signed copy to the applicant within ten days of receipt of the application.
(2)
When the zoning administrator receives an application for a certificate of zoning compliance whose proposed improvement and use described and illustrated does not conform to this chapter, he shall deny the issuance of a certificate of zoning compliance, and so advise the applicant within ten days, citing the particular sections of this chapter with which the application does not comply.
(3)
Each application for a certificate of zoning compliance shall be filed with the zoning administrator on a form provided therefore, which form may be combined with the application for a building permit required under the building code. The application must be signed by the owner or his authorized agent or attorney.
(c)
Application requirements.
(1)
In addition to such information as may be required in an application for a building permit where a site plan is required, each application for a certificate of zoning compliance shall be accompanied by a plan in duplicate, drawn legibly to scale on either a plat or paper, showing:
a.
The shape and dimensions of the zoning lot.
b.
The size and location of all existing buildings.
c.
The lines within which any proposed buildings shall be erected, altered, or moved; the locations of any officially approved building setback lines.
d.
The heights of all proposed buildings and parts thereof.
e.
The existing and proposed use of each building and part thereof.
f.
The use of adjoining properties.
g.
The number of families or dwelling units in each existing building and the number that each proposed building is intended to accommodate.
h.
The size and location of all proposed driveways, off-street loading areas, and off-street parking areas.
i.
Finished first floor elevation above mean sea level requirement and the flood hazard zone designation if in a special flood hazard zone.
j.
Such other reasonable and pertinent information concerning the lot or neighboring lots as the zoning administrator may find necessary for the enforcement of this chapter.
(2)
Each application for a certificate of zoning compliance shall be accompanied by a recorded plat of the lot in duplicate and drawn to scale, when required by the zoning administrator, for placement and distance measurement clarification.
(Ord. No. 33-2006/07, § 8.7, 6-7-07; Ord. No. 08-2008/09, § 1, 11-20-08; Ord. No. 06-2012/13, § 1, 9-13-12)
Editor's note— Ord. No. 06-2012/13, § 1, adopted Sept. 13, 2012, repealed § 30-268, which pertained to repair permits and derived from Ord. No. 33-2006/07, § 8.8, adopted June 7, 2007.
Where a sign permit is required by article V of this chapter, the permit application shall be accompanied by the following:
(1)
A common signage plan, where applicable, in accord with the requirements of section 30-203.
(2)
Identification of landowner and/or leaseholder of property on which the sign is to be erected, including street address.
(3)
Name and address of the owner/leasee/leasor of the sign, who shall be responsible for installing and/or maintaining the sign in accord with all applicable regulations.
(4)
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.
(5)
Correct size, shape, configuration, face area, height, nature, number, and type of sign to be erected, including the size of letters and graphics.
(6)
The value of the sign and sign structure.
(7)
Signs exceeding 36 square feet in area shall be accompanied by a drawing and written certification from a registered South Carolina engineer or architect that the sign is structurally sound and safe, does not constitute a hazard to persons or property on the premises, on adjoining property, or in the vicinity, and that the sign is in compliance with all building or other construction codes and the requirements of this chapter.
(8)
The zoning administrator may waive any of the informational requirements listed above deemed unnecessary to process an application.
(Ord. No. 33-2006/07, § 8.9, 6-7-07)
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 of structure until a certificate of occupancy has been issued by the enforcement officer stating that the proposed use of the building or land conforms to the requirements of this chapter.
Such certificate may be combined with or made a part of the certificate of occupancy required under the building code. The issuance of a certificate of occupancy shall in no case be construed as waiving any provisions of this ordinance or of such certificate of zoning compliance or subdivision regulations.
Failure to obtain a certificate of occupancy shall be a violation of this ordinance, and punishable under section 30-274.
(Ord. No. 33-2006/07, § 8.10, 6-7-07)
The zoning administrator and/or enforcement officer may make or require inspections of any land disturbing activity, construction or maintenance requirement to ascertain compliance with the provisions of this chapter and to ascertain compliance with approved permit applications, plats, plans, and/or certificates.
(Ord. No. 33-2006/07, § 8.11, 6-7-07)
If the work described in any certificate of zoning compliance has not begun within one year from the date of issuance thereof, said certificate shall expire; it shall be canceled and written notice thereof shall be given to the owner/developer, unless extended by the zoning administrator upon application by the owner/developer.
(Ord. No. 33-2006/07, § 8.12, 6-7-07)
Whenever a violation of this chapter occurs, or is alleged to have occurred, the zoning administrator or enforcement 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.
(Ord. No. 33-2006/07, § 8.13, 6-7-07)
Any person violating any provision of this chapter shall upon conviction by guilty of a misdemeanor and shall be fined as determined by the court for each offense.
Where any building, structure, or sign is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure, sign, or land is or is proposed to be used in violation of this ordinance, the adopted building codes, the current land use regulations, storm water management regulations, or those items defined by Ordinance #22-97/98 (as amended or codified), the zoning administrator, building or code enforcement officers, building official, chief inspector, or equivalent position, may in accord with the provisions of S.C. Code 1976, § 56-7-80, as amended, issue an ordinance summons, or institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; to correct or abate the violation or to prevent the occupancy of the building, structure, or land. Each day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use continues it shall be deemed a separate offense.
(Ord. No. 33-2006/07, § 8.14, 6-7-07; Ord. No. 39-2006/07, § 1(F), 8-16-07)
ADMINISTRATION AND ENFORCEMENT
This article sets forth the procedures required for obtaining certificates of zoning compliance, repair permits, grading permits, sign permits, and certificates of occupancy. It also defines the duties, powers, and limitations of officials, departments, commissions, boards, and other groups which are or may be involved in the administration and enforcement of this chapter.
(Ord. No. 33-2006/07, § 8.1, 6-7-07)
The term "zoning administrator," when used throughout this chapter shall refer to the designated administrative official of the Florence County Planning Commission, who shall be responsible for the administration of the provisions of this chapter.
(Ord. No. 33-2006/07, § 8.2, 6-7-07; Ord. No. 17-2007/08, § 3, 2-21-08)
Each participating government shall designate a local official to work with the zoning administrator in the enforcement of these regulations.
(Ord. No. 33-2006/07, § 8.3, 6-7-07)
Administrative responsibilities shall include, but are not limited to, the following:
(1)
Interpretation of the general intent and/or specific meaning of any portion of the ordinance text, position of district boundaries, district designation, or other matters relating to the official zoning maps (atlas).
(2)
Maintain the official zoning maps (atlas) and record all amendments to and information thereon.
(3)
Maintain copies of this chapter for public inspection and have up to date copies available to the public. A mailing list of ordinance holders shall be kept in order to expedite dissemination of any annual amendments to the text.
(4)
Provide public information relating to zoning matters including scheduled meetings of the Florence County Planning Commission and Florence County Board of Zoning Appeals.
(5)
Receive, process, and record all applications for certificates of zoning compliance, zoning amendments, planned development projects, and variance requests with accompanying plans and documents which shall be a public record.
(6)
Register and maintain records and maps on non-conforming uses, structures, and undeveloped lots.
(7)
Receive and process applications for change and/or relief as provided for in article IX of this chapter.
(8)
Appear before and provide assistance to the Florence County Planning Commission and the Florence County Board of Zoning Appeals.
(9)
Revoke permits or certificates in violation of the provisions of this chapter.
In designated flood hazard areas, delineated on FEMA maps, the zoning administrator shall follow the procedures set forth by Division 4, FH Flood Hazard District, of this chapter.
(Ord. No. 33-2006/07, § 8.4, 6-7-07; Ord. No. 17-2007/08, § 3, 2-21-08; Ord. No. 08-2008/09, § 1, 11-20-08; Ord. No. 10-2014/15, § 1, 12-11-14)
Responsibilities of local enforcement officers and municipal officials shall include, but are not be limited to, the following:
(1)
Issue building permits and certificates of occupancy.
(2)
Serve notice of ordinance violations and process such violations.
(3)
Maintain public records of violation notices, permits, and certificates, with accompanying plans and documents.
(4)
Revoke permits or project approvals based on false application statements or misrepresentations.
(5)
Stop, by written order, work being done contrary to the provisions of this chapter or an approved certificate of zoning compliance.
(6)
Institute appropriate action or proceedings to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use of property. Initiate legal action after consultation with the zoning administrator, and such other local officials as appropriate.
(7)
Appear before the Florence County Planning Commission and the Florence County Board of Zoning Appeals to furnish information helpful to these groups in reaching decisions.
(Ord. No. 33-2006/07, § 8.5, 6-7-07; Ord. No. 17-2007/08, § 3, 2-21-08)
Applications for permits shall be filed on forms provided by the zoning administrator, signed by the owner or developer, and shall be accompanied by the required fees listed on the Florence County Fee Schedule, as approved by county council.
(Ord. No. 33-2006/07, § 8.6, 6-7-07; Ord. No. 14-2015/16, § 1, 12-10-15)
(a)
When required. A certificate of zoning compliance shall be required in advance of:
(1)
The issuance of a building permit for new construction or for existing construction where the footprint of an existing building is re-established through movement or increased through expansion.
(2)
Excavation preparatory to the construction of a structure for which a building permit is required.
(3)
The placement or relocation of manufactured homes.
(4)
Grading, filling, surfacing, or enlarging parking areas.
(5)
Changing the use of any part of a structure or zoning lot, including any increase in the number of families or dwelling units occupying a building or lot.
(6)
Installation of any sign for which a permit is required.
(7)
The establishment of a temporary use as required by section 30-99.
Exceptions: Certificates of zoning compliance are not required for maintenance work, repair work and trade work, provided that the work permitted will not result in a change of use or a change to the existing footprint of any existing building.
(b)
Processing procedures.
(1)
When the zoning administrator receives an application for a certificate of zoning compliance whose proposed improvement and use described and illustrated conforms to all requirements of this chapter, he shall issue a certificate of zoning compliance and return a signed copy to the applicant within ten days of receipt of the application.
(2)
When the zoning administrator receives an application for a certificate of zoning compliance whose proposed improvement and use described and illustrated does not conform to this chapter, he shall deny the issuance of a certificate of zoning compliance, and so advise the applicant within ten days, citing the particular sections of this chapter with which the application does not comply.
(3)
Each application for a certificate of zoning compliance shall be filed with the zoning administrator on a form provided therefore, which form may be combined with the application for a building permit required under the building code. The application must be signed by the owner or his authorized agent or attorney.
(c)
Application requirements.
(1)
In addition to such information as may be required in an application for a building permit where a site plan is required, each application for a certificate of zoning compliance shall be accompanied by a plan in duplicate, drawn legibly to scale on either a plat or paper, showing:
a.
The shape and dimensions of the zoning lot.
b.
The size and location of all existing buildings.
c.
The lines within which any proposed buildings shall be erected, altered, or moved; the locations of any officially approved building setback lines.
d.
The heights of all proposed buildings and parts thereof.
e.
The existing and proposed use of each building and part thereof.
f.
The use of adjoining properties.
g.
The number of families or dwelling units in each existing building and the number that each proposed building is intended to accommodate.
h.
The size and location of all proposed driveways, off-street loading areas, and off-street parking areas.
i.
Finished first floor elevation above mean sea level requirement and the flood hazard zone designation if in a special flood hazard zone.
j.
Such other reasonable and pertinent information concerning the lot or neighboring lots as the zoning administrator may find necessary for the enforcement of this chapter.
(2)
Each application for a certificate of zoning compliance shall be accompanied by a recorded plat of the lot in duplicate and drawn to scale, when required by the zoning administrator, for placement and distance measurement clarification.
(Ord. No. 33-2006/07, § 8.7, 6-7-07; Ord. No. 08-2008/09, § 1, 11-20-08; Ord. No. 06-2012/13, § 1, 9-13-12)
Editor's note— Ord. No. 06-2012/13, § 1, adopted Sept. 13, 2012, repealed § 30-268, which pertained to repair permits and derived from Ord. No. 33-2006/07, § 8.8, adopted June 7, 2007.
Where a sign permit is required by article V of this chapter, the permit application shall be accompanied by the following:
(1)
A common signage plan, where applicable, in accord with the requirements of section 30-203.
(2)
Identification of landowner and/or leaseholder of property on which the sign is to be erected, including street address.
(3)
Name and address of the owner/leasee/leasor of the sign, who shall be responsible for installing and/or maintaining the sign in accord with all applicable regulations.
(4)
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.
(5)
Correct size, shape, configuration, face area, height, nature, number, and type of sign to be erected, including the size of letters and graphics.
(6)
The value of the sign and sign structure.
(7)
Signs exceeding 36 square feet in area shall be accompanied by a drawing and written certification from a registered South Carolina engineer or architect that the sign is structurally sound and safe, does not constitute a hazard to persons or property on the premises, on adjoining property, or in the vicinity, and that the sign is in compliance with all building or other construction codes and the requirements of this chapter.
(8)
The zoning administrator may waive any of the informational requirements listed above deemed unnecessary to process an application.
(Ord. No. 33-2006/07, § 8.9, 6-7-07)
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 of structure until a certificate of occupancy has been issued by the enforcement officer stating that the proposed use of the building or land conforms to the requirements of this chapter.
Such certificate may be combined with or made a part of the certificate of occupancy required under the building code. The issuance of a certificate of occupancy shall in no case be construed as waiving any provisions of this ordinance or of such certificate of zoning compliance or subdivision regulations.
Failure to obtain a certificate of occupancy shall be a violation of this ordinance, and punishable under section 30-274.
(Ord. No. 33-2006/07, § 8.10, 6-7-07)
The zoning administrator and/or enforcement officer may make or require inspections of any land disturbing activity, construction or maintenance requirement to ascertain compliance with the provisions of this chapter and to ascertain compliance with approved permit applications, plats, plans, and/or certificates.
(Ord. No. 33-2006/07, § 8.11, 6-7-07)
If the work described in any certificate of zoning compliance has not begun within one year from the date of issuance thereof, said certificate shall expire; it shall be canceled and written notice thereof shall be given to the owner/developer, unless extended by the zoning administrator upon application by the owner/developer.
(Ord. No. 33-2006/07, § 8.12, 6-7-07)
Whenever a violation of this chapter occurs, or is alleged to have occurred, the zoning administrator or enforcement 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.
(Ord. No. 33-2006/07, § 8.13, 6-7-07)
Any person violating any provision of this chapter shall upon conviction by guilty of a misdemeanor and shall be fined as determined by the court for each offense.
Where any building, structure, or sign is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure, sign, or land is or is proposed to be used in violation of this ordinance, the adopted building codes, the current land use regulations, storm water management regulations, or those items defined by Ordinance #22-97/98 (as amended or codified), the zoning administrator, building or code enforcement officers, building official, chief inspector, or equivalent position, may in accord with the provisions of S.C. Code 1976, § 56-7-80, as amended, issue an ordinance summons, or institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; to correct or abate the violation or to prevent the occupancy of the building, structure, or land. Each day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use continues it shall be deemed a separate offense.
(Ord. No. 33-2006/07, § 8.14, 6-7-07; Ord. No. 39-2006/07, § 1(F), 8-16-07)