Folly Beach City Zoning Code
CHAPTER
160: GENERAL PROVISIONS
§ 160.01 TITLE.
These regulations shall be officially known as the "Zoning and Land Development Ordinance of the City of Folly Beach," and may be referred to as the "ZDO", being Chapters 160 through 169 of this Code of Ordinances.
(Ord. 05-10, passed 3-23-10)
§ 160.05-03 Conflicts with State or Federal Law.
If the provisions of this ZDO are inconsistent with the law or regulations of the state or federal government, the more restrictive provision shall control, to the extent permitted by law.
(Ord. 05-10, passed 3-23-10)
§ 160.08 SEVERABILITY.
It is the legislative intent of the City Council in adopting this ZDO that all provisions shall be liberally construed to guide development in accordance with the existing and future needs of the city as established in this ZDO and to promote the public health, safety, convenience, order, appearance, prosperity, and general welfare of the land owners and residents of the city. If any section, subsection, sentence, clause or phrase of this ZDO is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ZDO. The City Council hereby declares that if would have passed this ZDO and any section, subsection, sentence, clause and phrase, thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(Ord. 05-10, passed 3-23-10)
§ 160.10 VESTED RIGHTS.
Vested rights for site-specific development plans may only be established under the conditions and limitations set out in S.C. Code §§ 6-29-1540 and 6-29-1550, as enacted by Act 287 of 2004, and hereby incorporated by reference into this ZDO.
(Ord. 05-10, passed 3-23-10)
§ 160.02-01 General.
The Folly Beach City Council is authorized to adopt this ZDO pursuant to the enabling authority contained in the S.C. Code §§ 6-29-710 et. seq., and all other relevant laws of the State of South Carolina.
(Ord. 05-10, passed 3-23-10)
§ 160.02-02 Reference to South Carolina General Statutes.
Whenever any provision of this ZDO refers to or cites a section of the S.C. Code of Laws and that section is later amended or superseded, this ZDO shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.
(Ord. 05-10, passed 3-23-10)
§ 160.03-01 General.
The purpose and intent of this ZDO is to guide development in accordance with the existing and future needs of the city and its Comprehensive Plan, and to promote the public health, safety, convenience, order, appearance, prosperity, and general welfare of the landowners and residents of the city, and other members of the public. The purpose and intent of this ZDO is more specifically to:
(A) Provide for adequate light and air.
(B) Lessen congestion in the streets.
(C) Secure safety from fire, flood, and other dangers.
(D) Encourage the development of an economically sound and stable city.
(E) Promote quality housing and encourage a diversity of housing options.
(F) Promote the downtown as a center of commerce, government, arts, culture, entertainment, and residential life.
(G) Encourage infill development that is consistent with its context and compatible with surrounding uses.
(H) Protect and preserve the character of existing neighborhoods.
(I) Promote and encourage the development of neighborhoods that maintain the city's character, and are well-connected, pedestrian-friendly, and sensitive to natural features.
(J) Protect and preserve scenic, historic, and environmentally-sensitive areas.
(K) Provide standards and incentives for tree preservation and protection.
(L) Protect riparian areas.
(M) Provide for adequate and meaningful open space.
(N) Encourage and ensure new residential and business development is consistent with the general character of the city, and compatible with surrounding uses.
(O) Encourage compact and sustainable growth and development where appropriate, while avoiding undue concentrations of population.
(P) Facilitate the adequate provision or availability of transportation, police protection, fire protection, water, sewage, schools, parks, and other public facilities.
(Q) Regulate the use, density, distribution of population, and character of development on land to carry out these purposes.
(R) Implement the Comprehensive Plan.
(S) Promote energy conservation through green building practices.
(Ord. 05-10, passed 3-23-10)
§ 160.04-01 General.
The provisions of this ZDO shall apply to the development of all land and waterways within the corporate limits of the City of Folly Beach, unless it is expressly exempted by state law, federal law, or a specific section or subsection of this ZDO.
(Ord. 05-10, passed 3-23-10)
§ 160.04-02 Application to Governmental Units.
Except as stated herein, the provisions of the ZDO shall apply to:
(A) Development of land owned or held in tenancy by the city or its agencies or departments.
(B) Development of land owned or held in tenancy by any county of South Carolina and its agencies or departments.
(C) Development of land owned or held in tenancy by the state of South Carolina, its agencies, departments or political subdivisions.
(D) To the full extent permitted by law, development of land owned or held in tenancy by the government of the United States, its agencies, departments or corporate services.
(Ord. 05-10, passed 3-23-10)
§ 160.04-03 No Development Until Compliance with ZDO.
No structure or land shall be used and no structure or part thereof shall be located, erected, moved, reconstructed, extended, converted, demolished or structurally altered, without full compliance with the provisions of the ZDO and all other applicable city, state, and federal regulations.
(Ord. 05-10, passed 3-23-10)
§ 160.04-04 Exemptions.
(A) Acquisition of interest in land by state for public purposes. The provisions of this ZDO shall not require formal subdivision of land as a result of actions taken by the State of South Carolina and its political subdivisions to acquire land or interests in land for public rights-of-way and easements.
(B) Emergency action by city. The city or city agencies or departments may be exempt from the provisions of this ZDO when an emergency exists such that it is impossible to submit to the normal procedures and requirements of this ZDO and quick and instant action is necessary to secure the public health, safety, or welfare. The City Council shall ratify such exemption after the fact at its next regularly scheduled meeting, and shall base its ratification on specified findings of fact related to the emergency involved.
(C) Homes for the disabled. Pursuant to S.C. Code § 6-29-770(E), the provisions of this ZDO do not apply to a home serving nine or fewer mentally or physically handicapped persons if the home provides care on a 24-hour basis and is approved or licensed by a state agency or department or is under contract with the agency or department for that purpose. Pursuant to S.C. Code § 6-29-770(E), prior to locating a home for handicapped persons in the city, the appropriate state agency or department or the private entity proposing to operate the home shall first give prior notice to the city, advising of the exact location of the proposed home, and comply with the other requirements of that provision, state law, and federal law.
(Ord. 05-10, passed 3-23-10)
§ 160.05-01 Conflicts with Other City Codes or Laws.
If the provisions of this ZDO are inconsistent with one another or if the provisions of this ZDO conflict with provisions found in other adopted codes or ordinances of the city, the more restrictive provision shall govern unless the terms of the provisions specify otherwise.
(Ord. 05-10, passed 3-23-10)
§ 160.05-02 Conflicts with Private Agreements.
If the provisions of this ZDO conflict with the provisions of private easements, covenants, or restrictions, the stricter of the requirements shall apply. The city shall not be responsible for monitoring or enforcing private covenants and restrictions, although the city may inquire as to whether land is subject to covenants and restrictions during the review of development applications.
(Ord. 05-10, passed 3-23-10)
§ 160.06-01 Official Zoning Map.
(A) General. The official zoning map designates the location and boundaries of the various zoning districts established in this ZDO within the city. The official zoning map shall be kept on file in the office of the Zoning Administrator and is available for public inspection during normal business hours. The original official version of the map shall be identified by the signature of the Mayor attested by the City Clerk-Treasurer, and shall bear the seal of the city. It may be kept in either hard copy or digital form. It shall be the final authority as to the status of the current zone district classification of land in the city, and shall only be amended in accordance with this subsection.
(B) Damaged, destroyed, or lost. In the event the official zoning map is damaged, destroyed, lost, or becomes difficult to read and interpret due to the number of changes, the City Council may by resolution adopt a new official zoning map to replace the damaged, destroyed, or lost map. The new official zoning map shall not make any substantive changes (amendments), but may correct drafting and other clerical errors and omissions on the previous official zoning map. The revised official version of the map shall be identified by the signature of the Mayor attested by the City Clerk-Treasurer, and shall bear the seal of the city. Unless the previous official zoning map is lost or has been totally destroyed, the previous map and any significant parts remaining shall be preserved, together with all records of the City Council regarding its adoption and amendment.
(Ord. 05-10, passed 3-23-10)
§ 160.06-02 Incorporated by Reference.
The official zoning map and all the notations thereon are hereby incorporated by reference and made part of this ZDO.
(Ord. 05-10, passed 3-23-10)
§ 160.06-03 Zoning District Boundaries.
The Zoning Administrator shall be responsible for applying the official zoning map, and interpretations of the official zoning map in accordance with the standards in § 162.03-14, Interpretation, and the following standards:
(A) Boundaries delineated by the centerline of streets, highways, or alleys shall follow such centerlines.
(B) Boundaries delineated by lot lines shall follow such lot lines.
(C) Boundaries shown parallel to or as extensions of features indicated in this subsection shall be interpreted as such. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.
(D) Where the actual location of existing physical or natural features vary from those shown on the official zoning map, or in other circumstances not covered by this subsection, the Zoning Administrator shall have the authority to interpret the district boundaries (See § 162.03-14, Interpretation). Appeals of the Zoning Administrator's decision shall be reviewed by the Board of Zoning Appeals (BZA) in accordance with § 162.03-15, Appeals.
(Ord. 05-10, passed 3-23-10)
§ 160.06-04 Changes to Official Zoning Map.
Changes made in zoning district boundaries or other matters portrayed on the official zoning map shall be made in accordance with the provisions of § 162.03-01, Amendments to Text and Official Zoning Map. Changes shall be entered on the official zoning map by the Zoning Administrator promptly after the amendment has been approved by the City Council.
(Ord. 05-10, passed 3-23-10)
§ 160.07-01 City Council Determination.
The City Council shall determine the zoning designation of lands added to the city's jurisdiction through annexation at the time such lands are added based on the following factors:
(A) The land's designation on the Comprehensive Land Use Plan;
(B) The land's current land use;
(C) The existence of a previously-approved site or subdivision plan;
(D) The character of adjacent lands;
(E) Current county zoning designations;
(F) Landowner requests; and
(G) Other factors considered relevant at the time of the annexation.
(Ord. 05-10, passed 3-23-10)
§ 160.07-02 Landowner Request.
Any landowner within an area to be added to the city's jurisdiction through annexation may submit a petition requesting a specific zoning designation. If such petition is received prior to the time the land is added to the city's jurisdiction, then the public hearing for the application of a base zoning district may be held concurrently with any public hearing required for the annexation. (See § 162.03-01, Amendments to Text and Official Zoning Map)
(Ord. 05-10, passed 3-23-10)
§ 160.09-01 Effective Date.
The effective date of this ZDO is March 23, 2010.
(Ord. 05-10, passed 3-23-10)
§ 160.09-02 Violations Continue.
Any violation of the previous zoning ordinance or Land Development; Subdivisions, Chapter 153 of the City Code of Ordinances, shall continue to be a violation under this ZDO. Violations of this ZDO shall be subject to the penalties and enforcement set forth in Chapter 169: Enforcement, and any other applicable ordinances, laws, or statutes, unless the use, development, construction, or other activity complies with the express terms of this ZDO.
(Ord. 05-10, passed 3-23-10)
§ 160.09-03 Completion of Permit Approvals or Completed Applications Commenced or Approved Under Previous Ordinances.
(A) Any complete development application that has been submitted for approval, but upon which no final action has been taken by the appropriate decision-making body or person prior to March 23, 2010 shall be reviewed and considered in accordance with either the provisions of the development regulations in place on the date of submittal, or this ZDO, at the applicant's option. Any complete development application that is submitted on or after March 23, 2010 shall be reviewed and considered in accordance with the provisions of this ZDO.
(B) If the applicant elects to have the application reviewed under the regulations in place on the date of application submittal:
(1) The application shall be processed in good faith and shall comply with any time frames for review, approval, and completion as established in the regulations in pldce at the time of application submittal. If the application fails to comply with the required time frames, it shall expire and future development shall be subject to the requirements of this ZDO.
(2) If the complete application is approved, the development for which the application was approved shall comply with any time frames and conditions of approval imposed as part of the development approval, or the development approval shall expire and future development shall be subject to the requirements of this ZDO.
(Ord. 05-10, passed 3-23-10)
§ 160.09-04 Nonconformities.
(A) Nonconformities under prior ordinance. Any nonconformity under the previous development regulations will also be a nonconformity under this ZDO as long as the situation that resulted in the nonconforming status under the previous regulations continues to exist. If a nonconformity under the previous regulations becomes conforming because of the adoption of this ZDO, then the situation will no longer be a nonconformity.
(B) Uses and structures rendered nonconforming.
(1) When a lot is used for a purpose that was a lawful use before the effective date of this ZDO, and this ZDO results in the use becoming nonconforming, such use shall be considered nonconforming and shall be controlled by the provisions of Chapter 168: Nonconformities.
(2) Where any building, structure, or lot that legally existed on the effective date of this ZDO does not meet all standards set forth in this ZDO, such building, structure, or lot shall be considered nonconforming and shall be controlled by the provisions of Chapter 168: Nonconformities.
(Ord. 05-10, passed 3-23-10)