Folly Beach City Zoning Code

CHAPTER

162: ADMINISTRATION

§ 162.04 DEVELOPMENT AGREEMENTS.

(A) Purpose and intent.

(1) General. The purpose and intent of this section is to:

(a) Authorize development agreements to be entered into between a developer and the city in accordance with the terms of this section;

(b) Encourage comprehensive planning and capital facilities planning;

(d) Encourage the efficient use of resources, while providing certainty in the process of obtaining development permits and reducing the economic costs of development by providing greater regulatory certainty.

(2) Findings. For the reasons identified in § 160.03, Purpose and Intent, the City Council finds and determines that development agreements may be useful to both the city and developers by providing more regulatory certainty, establishing a schedule for development, and assisting both developers and the city coordinate the provision of adequate public facilities to serve development, coordinate the phasing of development, and administer and manage efforts to maintain open space and environmentally sensitive lands.

(B) Authority. The city has the authority to adopt this section for the purpose of entering into development agreements in accordance with S.C. Code §§ 6-31-10 et seq., the South Carolina Local Government Development Agreement Act.

(D) Procedure.

(1) Pre-application conference, application review, notification, and scheduling of public hearing. The procedures and requirements for submission and review of a request to enter into a development agreement are established in § 162.02, Common Review Procedures.

(2) Review and recommendation by Planning Commission. After preparation of a staff report, public notification, and the scheduling of the public hearing, the Planning Commission shall conduct a public hearing on the request to enter into a development agreement. At the public hearing, the Planning Commission shall consider the request, the relevant support materials, the staff report, and the testimony given at the public hearing. After the conclusion of the public hearing, the Planning Commission shall make a report to the City Council recommending whether it is in the best interests of the city to enter into the development agreement based on the goals of the city as identified in this section, this ZDO, the Comprehensive Plan, and other relevant and appropriate city policies. At its discretion, the Planning Commission may defer action on its recommendation on a proposed development agreement for the purpose of clarifying issues and information related to the proposal.

(3) Review and action by City Council. After receipt of the report from the Planning Commission and the scheduling of a public hearing, the City Council shall conduct a public hearing on the request to enter into a development agreement. At the public hearing, the City Council shall consider the application, the relevant support materials, the staff report, the report of the Planning Commission, and the testimony given at the public hearing (if any). After the close of the public hearing the City Council, in its sole discretion, shall determine whether or not to enter into the development agreement, based on such factors as whether the goals of the city, as identified in this section, this ZDO, the Comprehensive Plan, and other relevant and appropriate policies, is best achieved by the city entering into the development agreement. Any development agreement entered into by the City Council shall comply with § 162.04(D), Development Agreement Standards.

(D) Development agreement standards. An ordinance to enter into a development agreement between the city and a developer, and the development agreement, shall include the following:

(1) Development on at least 25 contiguous acres of high ground.

(2) A legal description of the land subject to the development agreement and the names of the legal and equitable owners.

(3) The duration of the development agreement, which shall be consistent with the requirements of S.C. Code §§ 6-31-10 et seq., the South Carolina Local Government Development Agreement Act.

(4) The plan for the development of the land, including proposed uses, the types of residential dwelling units, the nonresidential development proposed, the general location of development, the densities/intensities, the lot area, height, and other dimensional standards that will be applied to the development, the internal traffic circulation system, how the development will connect to external streets, greenways, trails, open space areas, recreational facilities, environmentally sensitive lands that will be protected, a development schedule including commencement dates and interim completion dates of no greater than five-year intervals, and any other matter determined appropriate for the plan for development of the land.

(5) The current zoning district classification of the land subject to the development agreement, and the future zoning district classification, if it is proposed to be different.

(6) A description of public facilities that will service the development, including who shall provide such public facilities, the date any new public facilities, if needed, will be constructed, and a schedule to verify that public facilities will be available concurrent with the impacts of the development on the public facilities. Any public facilities to be designed or constructed by the developer shall be in compliance with all applicable federal, state, and city standards to ensure the quality of the public facilities. The standards shall include, but not be limited to, guarantees of performance and quality, and project controls (including scheduling, quality controls, and quality assurances). If the city is to provide any public facilities to the development, they shall be tied to defined completion percentages or other defined performance standards that must be met by the developer.

(7) If determined appropriate by the city, an evaluation of the traffic impact of the development proposed in the development agreement and assurance that the impact will be mitigated.

(8) Where appropriate, a description of any reservations or dedications of land for public purposes.

(9) Where appropriate, a description of any provisions to protect environmentally sensitive lands as may be required or permitted in accordance with laws in effect at the time the development agreement is entered into between the city and the developer.

(10) Where appropriate, a description of any provisions to protect and preserve historic structures.

(11) A description of all local development permits approved or needed to be approved for development of the land, specifically, to include at least the following:

(a) Any required amendments to this ZDO;

(b) Any required amendments to the official zoning map;

(d) Any other required permissions from regional, state, or federal governments.

(12) A statement and agreement by the developer that all local development permits identified shall be obtained at the sole cost of the developer, and that in the event that any such local development permits are not received, no further development of the land subject to the development agreement shall be allowed until such time as the City Council has reviewed the matter and determined whether or not to terminate the development agreement, or to modify it in a manner consistent with the public interest and the Comprehensive Plan.

(13) A finding that the development permitted or proposed in the development agreement is consistent with the Comprehensive Plan and this ZDO.

(14) A statement indicating that failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions, and that any matter or thing required to be done under existing ordinances of the city shall not be otherwise amended, modified or waived unless such modification, amendment or waiver is expressly provided for in the development agreement with specific reference to the ordinance provisions so waived, modified, or amended.

(15) Such conditions, terms, restrictions, or other requirements determined to be necessary by the City Council to ensure compliance with this ZDO and the Comprehensive Plan, and to ensure the public health, safety, and welfare of the citizens of the city.

(16) A statement identifying which laws in force at the time of the execution of the development agreement apply; identification of any subsequently adopted laws which will apply; and recognition that other subsequently adopted laws may be applied by the city in accordance with § 162.04(H) and state law.

(E) Execution of development agreement. A development agreement shall be executed by all persons having legal or equitable title in the land subject to the development agreement, including the fee simple owner and any mortgagees, and the Mayor, on behalf of the city.

(F) Legislative act. A development agreement is determined to be a legislative act of the city in the furtherance of its powers to plan and regulate development, and as such, shall be superior to the rights of existing mortgagees, lien holders or other persons with a legal or equitable interest in the land subject to the development agreement, and the obligations and responsibilities arising thereunder on the landowner shall be superior to the rights of said mortgagees or lien holders and shall not be subject to foreclosure under the terms of mortgages or liens entered into or recorded prior to the execution ond recordation of the development agreement.

(G) Recordation. It shall be the responsibility of the developer, within 14 ddas after the development agreement has been executed, to record the agreement with the Register of Mesne Conveyance. If the development agreement is amended, cancelled, modified, extended, or revoked, the developer shall be responsible for ensuring the amended development agreement is recorded with the Register of Mesne Conveyance within 14 days of its execution.

(H) Local laws and policies governing a development agreement. Unless otherwise provided for by the development agreement, the laws and policies in force at the time of the execution of the development agreement govern the development of the land subject to the agreement, except that the city may apply subsequently adopted laws and policies if the City Council holds a public hearing in accordance with and determines:

(1) Laws not in conflict and do not prevent redevelopment. The laws are not in conflict with the laws governing the development agreement and do not prevent the development set forth in the development agreement;

(2) Laws essential to public health, safety, or welfare. The laws are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement;

(3) Laws anticipated in development agreement. The laws are specifically anticipated and provided for in the development agreement;

(4) Substantial changes. It is demonstrated that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement, which changes, if not addressed by the city, would pose a serious threat to the public health, safety, or welfare; or

(5) Agreement based on substantially and materially inaccurate information. It is demonstrated that the development agreement is based on substantially and materially inaccurate information supplied by the developer.

(I) Periodic review.

(1) Annual review.

(a) General. The Zoning Administrator shall undertake a periodic review of the development subject to the development agreement every 12 months, commencing one year after the effective date of the development agreement. The developer subject to the development agreement must demonstrate good faith compliance with the terms and conditions of the agreement, and must provide such information as the Zoning Administrator requests.

(b) Zoning Administrator report of material breach. If as a result of any annual review, the Zoning Administrator determines the developer has committed a material breach of the terms and conditions of the development agreement, the Zoning Administrator shall report such circumstances to the City Council.

(c) City Council notifies developer of material breach. If the City Council concurs with the findings of the Zoning Administrator's report, the Council shall serve written notice to the developer, within a reasonable time after the periodic review, setting forth with reasonable particularity the nature of the breach and the evidence supporting the findings and determination, and provide the developer a reasonable period of time to correct the breach.

(d) Remedies and corrections. If the developer fails to cure the material breach within the time provided for correction by the City Council, City Council may unilaterally terminate or modify the development agreement, if it provides the developer an opportunity to either rebut the findings of material breach, or consent to amend the development agreement to address the material breach, as long as City Council has otherwise complied with the provisions of the development agreement pertaining to a material breach.

(J) Burden/benefits. All burdens of a development agreement are binding upon, and the benefits of the development agreement shall inure to, all successors in interest to the parties to the development agreement.

(K) Amendment or cancellation of development agreement by mutual consent. A development agreement may be amended or cancelled by mutual consent of the parties to the development agreement, or by their successors in interest. A development agreement may be amended, extended, or modified only in accordance with the procedures established for its original approval.

(L) Effect of contrary state or federal laws. In the event that state and federal laws are enacted after the execution of a development agreement that are applicable to and preclude the parties compliance with the terms of the development agreement, such development agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws. Such modification or revocation shall occur only after notice and a public review is conducted in accordance with § 162.04(C), Procedure.

(M) Technical codes. Development subject to a development agreement shall comply with the requirements of all building, housing, electrical, plumbing, and gas codes, in affect or hereafter adopted by the city.

(N) Enabling legislation. In the event a court of competent jurisdiction determines S.C. Code §§ 6-31-10 et seq., or any part thereof, invalid or unenforceable, or in the event that the South Carolina General Assembly amends or repeals S.C. Code §§ 6-31-10 et seq., in whole or in part, any development agreement adopted in accordance with this section shall be reviewed to determine if such change in the state act results in a substantial impairment of the city's rights or obligations in relation to such development agreement. The city shall have the right to immediately terminate the development agreement as to all parties thereto by written notice to the parties to the agreement in the event a change in the state act results in a substantial impairment to the city's rights in relation to such development agreement.

(Ord. 05-10, passed 3-23-10)

§ 162.01-01 Summary of Administration Article and Review Roles.

(A) Review bodies and city staff. The following bodies and city staff have powers and responsibilities in administering and reviewing applications for permit approval under this ZDO:

(1) City Council;

(2) Planning Commission;

(3) Board of Zoning Appeals (BZA);

(4) Design Review Board (DRB);

(5) Development Review Committee (DRC);

(6) City Staff, including:

(a) Zoning Administrator;

(b) Building Official;

(d) Director of Public Safety;

(e) City Attorney; and

(f) Hearing Officer.

(B) Summary table of permits and review bodies and city staff. Table 162.01: Permit Review Procedures, summarizes the review bodies and city staff that have specific permit review roles under this ZDO, and their responsibilities.

Table 162.01: PERMIT REVIEW PROCEDURES
R= Review and Advise D = Decision A = Appeal <> = Public Hearing
PROCESS	Decision-Making Body
PROCESS	Zoning Administrator	Building Official	Director of Public Works/ Director of Public Safety	Development Review Committee (DRC)	Design Review Board (DRB)	Planning Commission	City Council	Board of Zoning Appeals (BZA) (5)	Hearing Officer
Amendments to text and official zoning map				R		<R>	<D>
Planned development				R		<R>	<D>
Special exception permit	R							<D>
Variance permit (subdivision)	R					<D>
Variance permit (zoning)	R							<D>
Administrative adjustment	D							<A>
Site plan (1)	D			R	D			<A>
Minor subdivision plat	D	R		R				<A>
Preliminary subdivision plat				R		<D>
Final subdivision plat				R		<D>
Building permit	R	D						<A>
Grading permit (2)	R		D					<A>
Tree alternation permit	R	D						<A>
Sign permit (3)	R	D			D			<A>
Temporary use permit (4)	D		D					<A>
Notes: (1) The Zoning Administrator shall review and decide site plan applications for single- and two-family homes. The DRB shall review and decide site plan applications for all other uses. (2) The Director of Public Works shall review and decide applications for grading permits. (3) The Building Official shall review and decide on applications for sign permits in the residential districts. The DRB shall review and decide on applications for sign permits in the nonresidential districts. (4) The Director of Public Safety shall review and decide applications for special events; the Zoning Administrator shall review and decide all other temporary use permit applications. (5) All appeals from the Board of Zoning Appeals are made to a court of law.

Table 162.01: PERMIT REVIEW PROCEDURES
R= Review and Advise D = Decision A = Appeal <> = Public Hearing
PROCESS	Decision-Making Body
PROCESS	Zoning Administrator	Building Official	Director of Public Works/ Director of Public Safety	Development Review Committee (DRC)	Design Review Board (DRB)	Planning Commission	City Council	Board of Zoning Appeals (BZA) (5)	Hearing Officer
Zoning permit	D							<A>
Interpretation	D	R	R					<A>
All other appeals								<D>
Beneficial use determination	R						<D>		<R>
Development agreement						<R>	<D>
Notes: (1) The Zoning Administrator shall review and decide site plan applications for single- and two-family homes. The DRB shall review and decide site plan applications for all other uses. (2) The Director of Public Works shall review and decide applications for grading permits. (3) The Building Official shall review and decide on applications for sign permits in the residential districts. The DRB shall review and decide on applications for sign permits in the nonresidential districts. (4) The Director of Public Safety shall review and decide applications for special events; the Zoning Administrator shall review and decide all other temporary use permit applications. (5) All appeals from the Board of Zoning Appeals are made to a court of law.

(Ord. 05-10, passed 3-23-10)

§ 162.01-02 City Council powers and duties.

In order to exercise the authority granted the City Council by state law, the City Council shall have the following powers and duties under this ZDO:

(A) Review and decide applications. To review and decide applications for the following:

(1) Applications to amend the text of this ZDO (Text Amendment) (See § 162.03-01);

(2) Applications to amend the official zoning map (See § 162.03-01);

(3) Applications to amend the official zoning map to establish the Planned Development District and associated Planned Development Master Plan (See § 162.03-02);

(4) Applications for beneficial use determinations (See § 162.03-16); and

(5) Applications for development agreements (See § 162.04).

(B) Adopt schedule of fees. To approve by resolution a schedule of fees governing applications for permits and other permit approvals reviewed under this ZDO.

(C) Other actions. To take any other action not delegated to the Planning Commission, BZA, DRB, Zoning Administrator, or other city staff member, as the City Council may deem desirable and necessary to implement the provisions of this ZDO.

(Ord. 05-10, passed 3-23-10)

§ 162.01-03 Planning Commission Powers and Duties.

The Planning Commission shall have the following powers and duties under this ZDO:

(A) Review and decide applications. To review and decide applications for the following:

(1) Applications for preliminary subdivision plats (See § 162.03-07(D));

(2) Applications for final subdivision plats (See § 162.03-07(D)); and

(3) Applications for subdivision variance permits (See § 162.03-04).

(B) Review and recommend. To review and provide a recommendation to the City Council on the following:

(1) Applications to amend the text of this ZDO (See § 162.03-01);

(2) Applications to amend the official zoning map (See § 162.03-01);

(3) Applications to amend the official zoning map to establish the Planned Development District and associated Planned Development Master Plan (See § 162.03-02.); and

(4) Applications for development agreements (See § 162.04).

(C) Comprehensive and capital improvements plans. To prepare and update the city's Comprehensive Plan and Capital Improvements Plan.

(D) Other powers and duties. To carry out any other powers and duties delegated to it by City Council, consistent with state law.

(Ord. 05-10, passed 3-23-10)

§ 162.01-04 Board of Zoning Appeals Powers and Duties.

The Board of Zoning Appeals (BZA) shall have the following powers and duties under this ZDO:

(A) Review and decide applications. To review and decide applications for the following:

(1) Applications for special exception permits (See § 162.03-03);

(2) Applications for variance permits for zoning (See § 162.03-04); and

(3) Appeals of city staff decisions (See § 162.03-15), including decision on:

(a) Administrative adjustments;

(b) Site plans;

(d) Building permits;

(e) Grading permits;

(f) Tree alteration permits;

(g) Residential sign permits;

(h) Temporary use permits;

(i) Zoning permits; and

(j) Interpretations.

(Ord. 05-10, passed 3-23-10)

§ 162.01-05 Design Review Board Powers and Duties.

The Design Review Board (DRB) shall have the power to review and decide applications for the following:

(A) Site plans for multi-family and nonresidential uses (See § 162.03-06.); and

(B) Sign permits on lots within nonresidential zoning districts (See § 162.03-11).

(Ord. 05-10, passed 3-23-10)

§ 162.01-06 Development Review Committee Powers and Duties.

The Development Review Committee (DRC) shall have the power to review and provide recommendations on the following applications:

(A) Amendments to the text of this ZDO (See § 162.03-01);

(B) Amendments the official zoning map (See § 162.03-01);

(D) Minor subdivision plats (See § 162.03-07(C));

(E) Preliminary subdivision plats (See § 162.03-07(D)); and

(F) Final subdivision plats (See Section 162.03-07(D)).

(Ord. 05-10, passed 3-23-10)

§ 162.01-07 City Staff

(A) Zoning Administrator. The city shall designate a Zoning Administrator who shall administer and enforce all or portions of the provisions in this ZDO. The Zoning Administrator shall have the following powers and duties under this ZDO:

(1) Review and decide. The Zoning Administrator shall review and decide applications for:

(a) Administrative adjustments (See § 162.03-05);

(b) Site plans for single- and two-family dwellings (See § 162.03-06);

(d) All temporary use permits except applications for special events decided by the Director of Public Safety (See § 162.03-12); and

(e) Zoning permits (See § 162.03-13).

(2) Review and recommend. To review and make recommendations on applications for:

(a) Special exception permits (See § 162.03-03);

(b) Variance permits for subdivisions (See § 162.03-04);

(d) Building permits (See § 162.03-08);

(e) Tree alteration permits (See § 162.03-10);

(f) Sign permits (See § 162.03-11);

(g) Grading permits (See § 162.03-09); and

(h) Beneficial use determinations (See § 162.03-16).

(3) Other actions. The Zoning Administrator shall carry out any other powers and duties delegated by City Council, consistent with state law, including:

(a) Rendering interpretations of this ZDO (See § 162.03-14);

(b) Establishing application requirements and schedules for review of applications and appeals;

(d) Maintaining the official zoning map and other such records and official materials as relate to the adoption, amendment, enforcement or administration of this ZDO; and

(e) Providing expertise and technical assistance to the City Council, Planning Commission, BZA, and DRB upon request.

(B) Building Official. In addition to the authority and duties that may be conferred on the Building Official by general law, the Building Official shall have the following powers and duties under this ZDO:

(1) To review and decide applications for building permits (See § 162.03-08), tree alteration permits (See § 162.03-10), and sign permits on lots within residential zoning districts (See § 162.03-11); and

(2) To review and make recommendations on applications for minor subdivision plats (See § 162.03-07(C)), and interpretations (See § 162.03-14).

(C) Director of Public Works. In addition to the authority and duties that may be conferred on the Director of Public Works by general law, the Director of Public Works shall have the following powers and duties under this ZDO:

(1) To review and decide on applications for grading permits (See § 162.03-09); and

(2) To review and make recommendations on certain applications for interpretations (See § 162.03-14).

(D) Director of Public Safety. In addition to the authority and duties that may be conferred on the Director of Public Safety by general law, the Director of Public Safety shall review and decide on applications for temporary use permits associated with a special event (See § 162.03-12).

(E) City Attorney. In addition to the authority and duties that may be conferred upon the City Attorney by general law and the Code of Ordinances, the City Attorney shall counsel the City Council, Planning Commission, BZA, DRB, Zoning Administrator, and city departments in regard to the legal issues that may arise in the review of applications for permits and permit approval and the general implementation of this ZDO.

(F) Hearing Officer.

(1) Creation and appointment. The City Council shall confirm one or more Hearing Officers to hear and consider such matters as may be required to be conducted by a Hearing Officer under any provision of this ZDO, or as may be determined to be appropriate. The Hearing Officer(s) shall serve at the pleasure of the City Council for such period as is determined by the City Council. The Hearing Officer(s) shall be compensated at a rate to be determined by the City Council. Whoever shall accept an appointment as a Hearing Officer shall, for a period of one year from the date of termination as holder of such position, not act as agent or attorney in any proceeding, application, or any matter before any decision-making or advisory body of the city in any matter involving land that was the subject of a proceeding which was pending during the time served as a Hearing Officer.

(2) Minimum qualifications. A Hearing Officer shall have the following minimum qualifications:

(a) Demonstrated knowledge of administrative, zoning, and land use law and practice; and

(b) Hold no appointive or elective public office or position in the city during the period of appointment.

(3) Powers and duties. A Hearing Officer shall have the following duties:

(a) To establish the record and make recommendations to the City Council on beneficial use determinations (See § 162.03-16);

(b) To issue subpoenas to compel the attendance of witnesses and production of documents, and to administer oaths to witnesses appearing at hearings; and

(Ord. 05-10, passed 3-23-10)

§ 162.02-01 Authority to File Applications.

(A) General. Applications submitted under this ZDO pursuant to § 162.02-05, Application Submission, shall be submitted by the land owner, or any other person having a recognized interest in the land upon which the development is proposed, or their authorized agent.

(B) Applicant not the owner. If the applicant is not the owner of the land, a letter signed by the owner consenting to the submission of the application shall be submitted.

(C) Applicant is not the sole owner. If the applicant is not the sole owner of the land, a letter signed by all other owners or an entity representing the owners consenting to or joining in the application shall be submitted.

(Ord. 05-10, passed 3-23-10)

§ 162.02-02 Application Contents, Submission Schedule and Fees.

(A) The City Council shall establish the requirements for application contents, forms, and the submission and review schedule (including time frames for review) for development (See § 162.02-05, Application Submission). These requirements may be amended and updated from time to time.

(B) The City Council shall establish application fees and may amend and update those fees from time to time. The fee amount shall cover all costs associated with processing the application and conducting related inspections.

(Ord. 05-10, passed 3-23-10)

§ 162.02-03 Pre-Application Conference.

(A) Purpose. The purpose of a pre-application conference is to familiarize the applicant and the city staff with the applicable provisions of this ZDO required to permit the proposed development, to inform the applicant about the preparation of the application, and the application process.

(B) Pre-application conference mandatory. A pre-application conference is mandatory prior to submission of any application for an amendment to the official zoning map, § 162.03-01; a planned development, § 162.03-02; a site plan decided by the DRB, § 162.03-06; and a preliminary subdivision plat, § 162.03-07(D).

(C) Pre-application conference optional. A pre-application conference is optional prior to submission of any other application for permit approval.

(D) Pre-application conference procedure.

(1) Any applicant subject to a mandatory pre-application conference or any other applicant requesting a pre-application conference shall request it in writing from the Zoning Administrator. Along with the request, the applicant shall provide to the Zoning Administrator a description of the character, location, magnitude, and scale of the proposed development, and any other appropriate supporting information and documents, such as a sketch or concept plan (if appropriate).

(2) Following receipt of all required information, the Zoning Administrator shall schedule a pre-application conference after receipt of the request and the appropriate submission materials. The Zoning Administrator shall review the materials and forward them to the DRC.

(3) At the pre-application conference, the applicant and the DRC shall discuss the proposed development, and based upon the information provided by the applicant, identify in general what provisions apply to the proposed development. The Zoning Administrator shall generally inform the applicant regarding necessary application materials and provide estimates of the timing of review.

(E) Effect. The pre-application conference is intended as one means of facilitating review of permit applications. Discussions held in accordance with this section are not binding on the city. Processing times for review of development applications do not begin until a formal application is submitted and determined to be complete.

(Ord. 05-10, passed 3-23-10)

§ 162.02-04 Neighborhood Meetings.

(A) General. The purpose of the neighborhood meeting is to educate occupants and owners of nearby properties about the proposed development and application, receive comments, address concerns about the development proposal, and resolve conflicts and outstanding issues, where possible.

(B) Favored practice. Neighborhood meetings are encouraged as opportunities for informal communication between owners and occupants of nearby properties, applicants, and other persons who may be affected by development proposals. Neighborhood meetings are not required for any applications under this ZDO. Neighborhood meetings are strongly encouraged prior to submission of all applications requiring a public hearing. The City Council or the chairperson of the advisory or decision-making body reviewing an application may direct a neighborhood meeting be conducted either prior to or during a hearing on an application if it is determined the application could potentially have land use, appearance, traffic or other public facility impacts on neighboring properties.

(1) Time and place. The neighborhood meeting should be held at a place that is generally accessible to neighbors that reside in close proximity to the land subject to the application.

(2) Notification. The applicant should provide notification of the neighborhood meeting a minimum of five business days in advance of the meeting by mail, to all owners and occupants within 150 feet of the land subject to the application, to any neighborhood organization that represents citizens within that area and the review board considering the application. The notification shall state the time and place of the meeting. Proof of notification shall be provided to the city.

(3) Conduct of meetings. The Zoning Administrator shall be responsible for moderating the neighborhood meeting. At the neighborhood meeting, the applicant should explain the development proposal and application, answer any questions, and respond to concerns neighbors have about the application and propose ways to resolve conflicts.

(Ord. 05-10, passed 3-23-10)

§ 162.02-05 Application Submission.

All applications for permits or development approval established by this ZDO shall be submitted to the Zoning Administrator pursuant to any established application submittal schedule, and in the form established by this ZDO, along with the fee established pursuant to § 162.02-02. The Zoning Administrator shall conduct the staff review on the applications.

(Ord. 05-10, passed 3-23-10)

§ 162.02-06 Determination of Sufficiency.

(A) Sufficiency review. Upon receipt of an application for development approval, the Zoning Administrator shall determine if the application is complete and includes information in sufficient detail to evaluate the application to determine whether it complies with the appropriate substantive requirements of this ZDO.

(B) Application insufficient.

(1) If the application is determined to be insufficient, the applicant shall be notified of the known deficiencies, in writing. The applicant may correct the deficiencies and resubmit the application for sufficiency determination. If, upon re-submittal, the application is again determined to be insufficient, the applicant will be notified of the deficiencies, and the application fee shall be forfeited. Subsequent application submittals shall require payment of a new application fee established in accordance with § 162.02-02.

(2) No further action shall be taken by the Zoning Administrator on the application until the deficiencies are remedied. If the applicant fails to respond to the identified deficiencies within 30 business days, the application shall be considered withdrawn.

(C) Application sufficient. When the application is determined sufficient, it shall be reviewed pursuant to the procedures and standards of this ZDO.

(Ord. 05-10, passed 3-23-10)

§ 162.02-07 Preparation of Staff Report.

After an application is determined sufficient, the Zoning Administrator shall refer the application to the appropriate staff and any other review agencies for comment, review the application, and prepare a written staff report (when required). The staff report shall be provided to the applicant and made available to the public within a reasonable amount of time before the scheduled public hearing(s) on the application. Where appropriate, the staff report shall include a recommendation that the reviewing body approve, approve with conditions, or disapprove the application as appropriate. Conditions for approval may also be recommended to eliminate any areas of noncompliance or to mitigate any adverse effects of the development proposal.

(Ord. 05-10, passed 3-23-10)

§ 162.02-08 Scheduling Public Hearings.

(A) Application to be scheduled for meeting. When an application for development approval is subject to a public hearing (See § 162.02-09(E), Required Notice and Timing), the Zoning Administrator shall ensure that the public hearing(s) on the application is scheduled for a regularly scheduled meeting or a meeting specially called for that purpose by the decision-making or advisory body reviewing the application.

(B) Timing. The public hearing(s) on the application shall be scheduled so there is sufficient time for a staff report to be prepared and for the public notification requirements to be satisfied.

(Ord. 05-10, passed 3-23-10)

§ 162.02-09 Public Notification.

All applications requiring a public hearing shall comply with the S.C. Code of Laws, the provisions listed in Table 162.02, Required Notice and Timing, and the other provisions of this section with regard to public notification.

(A) Content. All notices for public hearings, unless expressly noted otherwise, whether done by mail (written notice), publication (publishing in a newspaper of general circulation in the city), or posting shall:

(1) Identify the application number, and the name, address, and telephone number of the applicant or the applicant's agent;

(2) Indicate the date, time, and place of the public hearing;

(3) Describe the land involved by street address or by tax map number and nearest cross street;

(4) Identify the current zoning district designation of the land subject to the application;

(5) Describe the nature, scope, and purpose of the application or proposal;

(6) Describe in which department the application, the staff report and related materials may be inspected by the public, and state that these materials are available for public inspection during normal business hours;

(7) Include a statement describing where interested members of the public and adjoining property owners may submit written comments or evidence prior to the public hearing;

(8) Include a statement that interested members of the public and adjoining property owners may appear at the public hearing, be heard, and submit evidence and written comments with respect to the application;

(9) Posted notice may provide a phone number by which the information required above is available.

(B) Written (mailed) notice. When the provisions of this ZDO (See Table 162.02), require that written or mailed notice be provided, the Zoning Administrator shall be responsible for preparing and mailing the written notice. Notice shall be mailed to:

(1) All property owners of the land subject to the application; and

(2) All property owners within 150 feet of the land subject to the application (including property owners of land located outside the city's corporate limits) whose address is known by reference to the latest ad valorem tax records.

Notice shall be deemed mailed by its deposit in the United States mail, first class, properly addressed, postage paid. The Zoning Administrator shall prepare an affidavit affirming that notice meeting the content requirements of § 162.02-09(A), Content, was mailed. The affidavit shall be conclusive that notice has been given pursuant to the terms of this section. A copy of the mailed notice shall be maintained in the office of the Zoning Administrator for public inspection during normal business hours. The affidavit shall be included as an appendix to the staff report.

(1) When the provisions of this ZDO require that notice be published, the Zoning Administrator shall be responsible for preparing the content of the notice and publishing the notice in a newspaper of general circulation in the city. The content and form of the published notice shall be consistent with the requirements of the S. C. Code of Laws.

(2) The Zoning Administrator shall prepare an affidavit certifying that published notice has occurred pursuant to the requirements of this subsection. The affidavit shall be conclusive that notice has been given pursuant to the terms of this subsection. The affidavit shall be included as an appendix to the staff report.

(D) Posted notice.

(1) When the provisions of this ZDO require that notice be posted on the land subject to the application, notice shall comply with the following requirements:

(a) Notice shall be posted on sign(s) in a form and size established by the Zoning Administrator.

(b) The signs shall be placed by the applicant on the property that is subject to the application, along each public thoroughfare that abuts or runs through the property, at intervals of not more than 500 feet.

(c) The sign(s) shall be posted in a prominent and conspicuous manner that ensures visibility from public thoroughfare(s).

(2) The applicant shall sign and provide to the Zoning Administrator an affidavit stating that posted notice has been provided in accordance with the requirements of this subsection. The affidavit shall be accompanied by a photograph showing the posted notice on the property. The affidavit and photograph shall be conclusive that notice has been given in accordance with the terms of this subsection. The affidavit shall be submitted to the Zoning Administrator prior to the public hearing for the subject application.

(3) The applicant shall ensure that the posted notice is maintained on the property until the completion of the public hearing on the application.

(4) The sign(s) shall be removed by the applicant within five days after the public hearing on the application.

(E) Required notice and timing. Unless otherwise expressly provided in the S.C. Code of Laws or this ZDO, notice shall be provided as follows:

Table 162.02: PUBLIC NOTIFICATION FOR PERMIT APPROVALS
Application For Development Permit or Other Action	Notice Required (Days Before Hearing/Action)
Application For Development Permit or Other Action	Written (§ 162.02-09(B))	Publication (§ 162.02-09(C))	Posted (§ 162.02-09(D))
Text amendment to the ZDO		At least 30 days prior to public hearing
Amendment to official zoning map and establishment of Planned Development District	At least 15 days prior to public hearing	At least 30 days prior to public hearing	At least 15 days prior to public hearing
Special exception permit and variance permit	At least 15 days prior to public hearing	At least 15 days prior to public hearing	At least 15 days prior to public hearing
Appeals to Board of Zoning Appeals	At least 15 days prior to public hearing	At least 15 days prior to public hearing	At least 15 days prior to public hearing
Land development agreements	At least 30 days prior to public hearing	At least 30 days prior to public hearing before Planning Commission At least 30 days prior to public hearing before City Council	At least 30 days prior to public hearing

(F) Deferral of application. An applicant may request that an advisory or decision-making body's consideration of an application at public hearing be deferred by submitting a written request for deferral to the Zoning Administrator.

(1) Administrative review. The Zoning Administrator shall consider and decide deferral requests if the public can be notified of the deferral within a minimum of ten business days prior to the public hearing at which the application is to be heard. Such notification shall also provide the date of the re-scheduled public hearing at which the application will be considered by the advisory or decision-making body. A request for deferral shall be approved only for good cause.

(2) Review board review. If the public cannot be notified of the deferral within a minimum of ten business days prior to the public hearing at which the application is to be heard, the request for deferral shall be placed on the public hearing agenda of the advisory or decision-making body on the date the application is to be considered and acted upon by the body. The advisory or decision-making body shall approve the request for deferral only for good cause.

(Ord. 05-10, passed 3-23-10)

§ 162.02-10 Withdrawal of Application.

(A) Submission of application. Any request for withdrawal of an application subject to a public hearing shall be submitted in writing to the Zoning Administrator.

(B) Prior to notice of public hearing. The Zoning Administrator shall consider a request for withdrawal if it has been submitted prior to notification of a public hearing pursuant to § 162.02-09, Public Notification. A request for withdrawal shall be approved only for good cause.

(C) Subsequent to notice of public hearing. Once notice of a public hearing has occurred pursuant to § 162.02-09, Public Notification, the request for withdrawal of the application shall be placed on the public hearing agenda of the advisory or decision-making body on the date the application is to be considered and acted upon by the review body. The advisory or decision-making body shall approve the request for withdrawal only for good cause.

(Ord. 05-10, passed 3-23-10)

§ 162.02-11 Examination and Copying of Application/Other Documents.

Upon reasonable request and during normal business hours, any person may examine an application, the staff report, and materials submitted in support of or in opposition to an application in the office of the Zoning Administrator. Copies of such materials shall be made available at a reasonable cost, except that copyrighted materials are available for public inspection, but cannot be copied.

(Ord. 05-10, passed 3-23-10)

§ 162.02-12 Conditions of Approval.

(A) General. Where the Zoning Administrator or a reviewing board may, according to the express terms of this ZDO, approve a permit or development approval with conditions, the Zoning Administrator or such board may impose restrictions and conditions on the approval, the proposed use, and the premises to be developed or used pursuant to such approval, as are required to ensure compliance with the general goals and policies of this ZDO or with particular standards of this ZDO, to prevent or minimize adverse effects from the proposed development on surrounding lands.

(B) Limitations. The restrictions and conditions imposed must be related in both type and amount to the impact that the proposed development would have on the public and surrounding development. All conditions imposed shall be expressly set forth in the permit approval.

(Ord. 05-10, passed 3-23-10)

§ 162.02-13 Lapse of Approval.

Lapse of approval shall occur as provided by this ZDO for the various types of development permits and approvals. If no provision for lapse is given by this ZDO for a particular type of development permit or approval, and if no lapse period is imposed as part of an approval by the decision-making entity, lapse shall occur if development is not commenced or a subsequent permit is not obtained within one year of the date the approval or permit was granted.

(Ord. 05-10, passed 3-23-10)

§ 162.02-14 Waiver of Time Limit for Disapproved Applications.

(A) General. Whenever any application for which a public hearing is required is disapproved, the same type of application for all or a part of the same land shall not be considered for a period of one year after the date of disapproval unless a Waiver of Time Limit is approved by the decision-making body pursuant to the requirements of this section. Only one request for Waiver of Time Limit may be submitted by the land owner during the one-year period.

(B) Waiver of Time Limit.

(1) Owner or authorized agent. Only the owner of land or the owner's authorized agent may submit a request for Waiver of Time Limit.

(2) Initiation. A request may be initiated by the owner or the owner's authorized agent by submitting a request for Waiver of Time Limit to the Zoning Administrator, within 15 calendar days of mailing the notification of the decision, along with a fee to defray the cost of processing the request.

(3) Preparation of staff report and scheduling for meeting. After receipt of a request for Waiver of Time Limit, the Zoning Administrator shall prepare a staff report on the request (which includes copies of the minutes and vote on the application) and schedule the matter for the next regularly scheduled meeting of the decision-making body.

(C) Action. At the meeting for which the request for Waiver of Time Limit is scheduled, the decision-making body shall consider the request, the staff report (including all relevant previous meeting minutes and vote on the application), other relevant support materials, statements made by the owner or the owner's authorized agent and approve or disapprove the request based on the standards in § 162.02-14(D), Standards.

(D) Standards. The Waiver of Time Limit shall be considered only upon a recommendation by city staff and a finding by two-thirds of the membership of the decision-making body that the owner presented substantial evidence that demonstrates:

(1) There is a substantial change in circumstances relevant to the issues or facts considered during review of the application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the application; or

(2) New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed; or

(3) A new application is proposed to be submitted that is materially different from the prior application; or

(4) The final decision on the application was based on a material mistake of fact.

(Ord. 05-10, passed 3-23-10)

§ 162.02-15 Simultaneous Processing of Applications.

Whenever two or more forms of review and approval are required under this ZDO, the applications for those development approvals may, at the option of the Zoning Administrator, be processed simultaneously, so long as all applicable state and local requirements are satisfied.

(Ord. 05-10, passed 3-23-10)

§ 162.02-16 Notification of Decision.

Within a reasonable period of time after a decision on an application, the Zoning Administrator shall notify the applicant of the decision. Within a reasonable period of time after the decision, a copy of the decision shall also be made available to the public at the offices of the Zoning Administrator during normal business hours.

(Ord. 05-10, passed 3-23-10)

§ 162.02-17 Public Hearing Procedures.

All public hearings for applications held pursuant to this ZDO shall comply with the following procedures.

(A) Conduct of public hearing.

(1) Burden of proof or persuasion. The burden of demonstrating that an application complies with applicable review and approval standards of this ZDO is on the applicant. The burden is not on the city or other parties to show that the standards have not been met by the applicant.

(2) Rights of all persons. Any person may appear at a public hearing and submit testimony, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state an address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented.

(3) Exclusion of testimony. The body conducting the public hearing may exclude testimony that it finds to be irrelevant, immaterial, or unduly repetitious.

(4) Offers of testimony. In the event any testimony is excluded as irrelevant, immaterial, or unduly repetitious, the person offering such testimony shall have an opportunity at that hearing to offer such testimony for the record. Such offer shall be made at the public hearing.

(5) Continuance of public hearing. The body conducting the public hearing may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time and place. A continuance may be granted at the discretion of the body conducting the public hearing only upon good cause shown.

(6) Recording. All public meetings shall be tape recorded or transcribed.

(B) General procedures and findings at public hearing.

(1) Time. Any board or commission conducting the hearing shall act in accord with any time limits established in this ZDO or the board or commission's own bylaws. Action shall be taken as promptly as possible in consideration of the interests of the applicant, the citizens of the city, and shall include a statement of a recommendation or decision of approval, approval with conditions, or disapproval (whichever is appropriate).

(2) Form of decisions. The form of all decisions shall include at least the following elements:

(a) A summary of the information presented before the body;

(b) A summary of all testimony submitted into the record;

(c) A statement of findings or other factors considered, whichever is appropriate, and a statement of the basis upon which such facts were applied with respect to the relevant review standards, if required by state law;

(d) A statement of a recommendation or decision of approval, approval with conditions or disapproval (whichever is appropriate).

(Ord. 05-10, passed 3-23-10)

§ 162.02-18 Zoning Administrator or City Official Review Procedures.

Review of all applications for development approval conducted by the Zoning Administrator or other city official shall comply with the following procedures.

(A) General review. After the application is determined sufficient (See § 162.02-06), the Zoning Administrator or other city official (as appropriate) shall review the application and prepare a staff report if the application is subject to a public hearing or review by another decision-making body. A copy of the staff report shall be provided to the applicant. Preparation of a staff report for applications not subject to a public hearing or review by another decision-making body is at the discretion of the Zoning Administrator or other city official.

(B) Approval. If the Zoning Administrator or other city official (as appropriate) determines the application complies with the appropriate review standards, the application shall be approved or approved with conditions.

(1) Notification and opportunity to re-submit application. If review by the Zoning Administrator or other city official (as appropriate) reflects that the application fails to comply with the appropriate review standards, the applicant shall have an opportunity to re-submit a revised application. At the applicant's request, the Zoning Administrator or other city official will schedule a meeting with the applicant to discuss the application and the staff report (if prepared). The application shall be considered withdrawn if a revised application is not resubmitted within 30 business days from the date the applicant is notified of the application's failure to comply with the appropriate review standards.

(2) Review of re-submitted application. A revised and re-submitted application shall be reviewed by the Zoning Administrator or other city official (as appropriate) and approved, approved with conditions, or disapproved, based on the appropriate review standards.

(Ord. 05-10, passed 3-23-10)

§ 162.03-02 Planned Development.

(A) General. This section establishes the procedures for review of the city's Planned Development (PD) zoning district.

(B) Location. A PD zoning district classification may be established on any land that complies with all of the applicable standards of this section.

(C) Unified ownership or control. To ensure unified control, copy of the title to all land that is part of a proposed PD zoning district classification shall be provided, and all owners of the land shall sign the planned development application to indicate their support for the application and willingness to be bound by any conditions of approval.

(D) PD zoning district classification and PD Master Plan.

(1) Procedure.

(a) General. A PD zoning district classification shall constitute an amendment to the official zoning map. It shall be controlled by a PD Master Plan and PD Terms and Conditions. The procedure requires approval of a PD zoning district classification, PD Master Plan, and PD Terms and Conditions (See § 162.03-02(D)(4)), and then a Final PD Plan (See § 162.03-02(E)).

(b) Pre-application conference, application submission, review, public notification, and scheduling hearing. The procedures and requirements for submission and review of an application are established in § 162.02, Common Review Procedures. Application submittal requirements shall be in accordance with the requirements in § 162.02-05, Application Submission.

(c) Review and recommendation by Planning Commission. After preparation of a staff report, public notification, and the scheduling of the public hearing, the application shall be referred to the Planning Commission by the Zoning Administrator on the date the public hearing on the application is conducted. The Planning Commission shall conduct a public hearing on the application in accordance with § 162.02-17, Public Hearing Procedures. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, the staff report, the testimony given at the public hearing, and following the close of the public hearing, make a report to the City Council recommending either to approve, approve with conditions, or deny the application based on the standards in § 162.03-02(D)(2), Planned Development Standards. The Planning Commission shall forward its report to City Council within 30 calendar days of the application's referral by the Zoning Administrator (unless a longer review period is established by mutual agreement of the applicant and Planning Commission). If the Planning Commission does not submit its report within the prescribed time, it is presumed the Planning Commission recommends approval of the application, and the City Council may proceed to act on the application without the recommendation of the Planning Commission.

(d) Review and action by City Council. After receipt of the staff report and the report from the Planning Commission, the City Council shall review and consider the application, the relevant support materials, the staff report, the report of the Planning Commission, and the comments given at the meeting (if any). In its discretion, the City Council may refer the matter back to the Planning Commission for further study and recommendation on specific issues and for a supplemental report to be submitted to the City Council. If the referral requires additional public notification, it shall be given in accordance with § 162.02-09, Public Notification. During the meeting at which the application is finally considered, the City Council shall approve, approve with conditions, or deny the application based on the standards in § 162.03-02(D)(2), Planned Development Standards.

(2) Planned development standards. A PD zoning district classification, PD Master Plan, and PD Terms and Conditions shall comply with the standards in § 162.03-01 (F), Zoning Map Amendment Standards, and the standards for the PD District that is being approved in accordance with § 163.04-05, General Standards for All Planned Development Districts.

(3) Conditions of approval. In approving a PD district classification, a PD Master Plan, and PD Terms and Conditions, the City Council may impose appropriate conditions on the approval in accordance with § 162.02-12, Conditions of Approval.

(4) PD Terms and Conditions. Concurrent with the approval of the adopting ordinance and the PD Master Plan, PD Terms and Conditions shall be established binding the planned development to any conditions placed in the adopting ordinance and PD Master Plan. The PD Terms and Conditions shall include, but are not limited to:

(a) The PD Master Plan and PD Standards;

(b) Conditions related to the approval of the PD Master Plan;

(c) Provisions governing how transportation, potable water, sewage, stormwater management, park, fire, police, school, and other facilities will be provided to accommodate the development proposed in the PD Master Plan;

(d) Standards, conditions, or other provisions related to future development approvals, or responsibilities of the landowners within the PD Master Plan;

(e) How parking is addressed on the site.

(5) Placement of Planned Development District (PD) classification on official zoning district map. After final approval of the adopting ordinance for the PD zoning district classification, the PD Master Plan, and PD Terms and Conditions, the Zoning Administrator shall amend the official zoning map to show a PD zoning district classification.

(6) Recordation. The applicant shall record the adopting ordinance, the PD Master Plan and the PD Terms and Conditions with the Register of Mesne Conveyance. They shall be binding upon the landowners, their successors and assigns, and shall constitute the development regulations for the land. Development of the land shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the PD Master Plan and in the PD Terms and Conditions. The applicant shall submit proof to the Zoning Administrator that the adopting ordinance, PD Master Plan, and PD Terms and Conditions have been recorded with the Register of Mesne Conveyance within six months of its approval, or the adopting ordinance, PD Master Plan, and PD Terms and Conditions shall automatically and immediately be rendered invalid and the land shall return to its prior zoning district classification (or if the land was not located in the city prior to its approval as a PD zoning district classification, the land shall be classified CN).

(7) Expiration.

(a) General. The approval of the adopting ordinance for a PD zoning district classification, the PD Master Plan, and PD Terms and Conditions shall expire unless an application for a PD Final Plan for any part or section of the plan for development shown on the PD Master Plan is submitted within one year of approval (See § 162.03-02(E)). Such time period shall not be extended with transfer of ownership.

(b) Extension. Upon written application submitted at least 30 days prior to the expiration of the permit period by the applicant, and upon a showing of good cause, the City Council may grant an extension not to exceed six months for the submission of a Final PD Plan. The approval shall be deemed extended until the City Council has acted upon the request for extension.

1. Failure to submit a Final PD Plan within the time limits established by this section shall result in expiration of the PD zoning district classification, the PD Master Plan, and the PD Terms and Conditions, and the prior zoning district classification shall thereupon be re-established (or if the land was not located in the city prior to its approval as a PD zoning district classification, the land shall be classified CN).

2. If an applicant can demonstrate that a pending legal action has prevented them from submitting a Final PD Plan, the City Council, may, upon terms and conditions as determined in its sole discretion, consider suspending the expiration of the PD zoning district classification, the PD Master Plan, and the PD Terms and Conditions until the legal action is resolved.

(8) Minor deviations. A minor deviation to a PD Master Plan or PD Terms and Conditions shall not be considered as an amendment, and shall be approved by the Zoning Administrator. The minor deviation shall comply with the standards of this ZDO. A minor deviation shall be limited to technical considerations which could not reasonably be anticipated during the approval process or any other change which has no material effect on the character of the approved PD development or any of its approved terms or conditions. The following shall constitute minor deviations:

(a) Driveway relocations;

(b) Structure floor plan revisions;

(d) Changes in the amount of parking provided by 10% or less.

Changes that materially affect the basic concept of the PD Master Plan are not considered minor deviations, and shall only be treated as amendments to the PD Master Plan or the PD Terms and Conditions. (See § 162.03-02(D)(4)).

(9) Amendments.

(a) General. If an applicant determines if is necessary to alter the concept or intent of the PD Master Plan or the PD Terms and Conditions, the PD Master Plan or PD Terms and Conditions shall be amended, extended, or modified only in accordance with the procedures and standards for its original approval.

(b) Amendments defined. The following items are considered an alteration of the concept or intent of the PD Master Plan or PD Terms and Conditions:

1. Changes in use designations;

2. Density/intensity increases;

3. Decreases in open space;

4. Substantial changes in the location of streets (particularly if streets are to be deleted or access points to the development are moved so traffic flows both inside and outside the development are affected);

5. Change in the location of any public easement;

6. Change in the proportion of housing types by more than 10%;

7. Violation of any specific condition of the PD Terms and Conditions; or

8. Change in the location of proposed parking or the amount of parking provided by more than 10%.

(E) Final PD Plan.

(1) Submittal of PD Final Plan. Within one year of the approval of a PD zoning district classification, PD Master Plan, and PD Terms and Conditions, the applicant shall submit a PD Final Plan for any part or section of the plan for development shown in the PD Master Plan. The PD Final Plan shall implement the PD Master Plan. For the purposes of this ZDO, the PD Final Plan shall mean either site plan (§ 162.03-06) or preliminary subdivision plat (§ 162.03-07(D)) approval, whichever is appropriate.

(2) Standards. In addition to complying with the relevant standards for site plan (§ 162.03-06), or subdivision (§ 162.03-07), whichever is appropriate, the PD Final Plan shall also conform to the PD Master Plan and the PD Terms and Conditions.

(3) Expiration.

(a) Substantial completion required. The approval of a PD Final Plan shall expire unless construction has reached the level of substantial completion. For the purposes of this subsection, substantial completion shall mean the issuance of certificates of occupancy for 50% or more of the residential units or for 33% or more of nonresidential square footage in the PD Final Plan, within three years of the date of approval of the PD Final Plan.

(b) Extension.

1. Upon written application submitted at least 30 days prior to the expiration of the permit for Final PD Plan by the applicant, and upon a showing of good cause, the City Council may grant one extension not to exceed six months.

2. If the construction has not achieved substantial completion within the time established in the extension, the City Council may approve one additional extension for a period not to exceed six months, for good cause shown. If a PD plan for the planned development has not achieved substantial completion, the land shall be rezoned to its prior zoning district classification (or if the land was not located in the city prior to its approval as a PD zoning district classification, the land shall be classified CN).

(Ord. 05-10, passed 3-23-10)

§ 162.03-03 Special Exception Permit.

(A) Purpose. The purpose of this section is to provide a means for reviewing applications for approval of uses allowed as special exceptions. These are uses that are generally compatible with the other uses permitted in a zoning district, but require individual review of their location, design, configuration, and density and intensity of use, and may require the imposition of conditions to ensure the appropriateness of the use at a particular location.

(B) Authority. The BZA is authorized to review and decide applications for special exception permits in accordance with this section. Only those uses identified as special exceptions in Table 164.01, Table of Allowed Uses, are authorized to be considered as special exceptions under this section. The designation of a use as a special exception in Table 164.01, Table of Allowed Uses, does not constitute an authorization that such use shall be approved through a special exception permit in accordance with this section. Rather, each proposed special exception shall be evaluated by the BZA for compliance with the standards set forth in this section and the applicable standards for the use in § 164.03, Use-Specific Standards (if appropriate).

(1) Application submission, review, public notification, and scheduling hearing. The procedures and requirements for submission and review of an application are established in § 162.02, Common Review Procedures. Applicants may submit a site plan (prepared in accordance with the standards in § 162.03-06, Site Plan) with their application for a special exception permit.

(2) Review and action by Board of Zoning Appeals. After preparation of a staff report, public notification, and the scheduling of a public hearing, the BZA shall conduct a public hearing on the application in accordance with § 162.02-17, Public Hearing Procedures. At the public hearing, the BZA shall consider the application, the relevant support materials, the staff report, and the testimony given at the public hearing. After the close of the public hearing, the BZA shall approve, approve with conditions, or deny the application based on the standards in § 162.03-03(D), Special Exception Standards.

(D) Special exception standards. A special exception permit shall be approved only upon a finding the applicant demonstrates all the following standards are met:

(1) The proposed special exception complies with all standards in § 164.03, Use-Specific Standards.

(2) The proposed special exception is appropriate for its location and compatible with the character of surrounding lands and the uses permitted in the zoning district(s) of surrounding lands.

(3) The design of the proposed special exception minimizes adverse effects, including visual impacts of the proposed use on adjacent lands; furthermore, the proposed special exception avoids significant adverse impact on surrounding lands regarding service delivery, parking and loading, odors, noise, glare, and vibration, and does not create a nuisance.

(4) The proposed special exception minimizes environmental impacts and does not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources.

(5) There is adequate road capacity available to serve the proposed special exception, and the proposed special exception use is designed to ensure safe ingress and egress onto the site and safe road conditions around the site.

(6) The proposed special exception will not substantially and permanently injure the use of neighboring land for those uses that are permitted in the zoning district, or reduce property values.

(7) A site plan has been prepared that demonstrates how the proposed special exception use complies with the other standards of this subsection.

(8) The proposed special exception use complies with all other relevant city laws and ordinances, state and federal laws, and regulations.

(E) Conditions of approval. In approving a special exception permit, the BZA may impose appropriate conditions on the permit approval in accordance with § 162.02-12, Conditions of Approval.

(F) Appeal. A person having a substantial interest affected by a decision of the BZA on a special exception permit may appeal from the decision of the BZA to the Circuit Court in and for Charleston County by filing with the Clerk of Court a petition setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal shall be filed within 30 days after the decision of the BZA is mailed. For the purposes of this subsection, person includes persons jointly or severally aggrieved by the decision of the BZA.

(G) Effect. Issuance of a special exception permit shall authorize only the particular special exception that is approved in the permit. A special exception permit, including any conditions, shall run with the land and shall not be affected by a change in ownership.

(H) Expiration.

(1) General. The BZA may prescribe a time limit within which development activity shall begin or be completed on the special exception permit, or both. Failure to begin or complete such development activity within the time limit specified shall void the special exception permit. Unless specified otherwise by the BZA, a building permit shall be obtained for the development approved by the permit within 12 months from the date of approval, and development shall be completed on the building permit within the time allowed under the city's building regulations, or the special exception permit shall expire and be void. In cases where a building permit is not required to establish an approved special exception use, a zoning permit, § 162.03-13, shall be obtained within 12 months from the date of approval, or the special exception permit shall expire and be void.

(2) Extension. Upon written application submitted at least 30 days prior to the expiration of the permit period by the applicant, and upon a showing of good cause, the BZA may grant one extension not to exceed six months. The approval shall be deemed extended until the BZA has acted upon the request for extension. Failure to submit an application for an extension within the time limits established by this section shall result in the expiration of the special exception permit.

(I) Amendments. A special exception permit may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.

(Ord. 05-10, passed 3-23-10)

§ 162.03-04 Variance Permits.

(A) Permits distinguished. Both variance permits from subdivision standards and variance permits from zoning provisions are established under this ZDO. Variance permits from subdivision standards are intended to address requests to deviate from the standards in Chapter 167: Subdivision Standards, as well as variance requests from the lot dimension requirements in Chapter 165: Dimensional Standards as part of the subdivision establishment process, § 162.03-07. The variance permit process from zoning provisions is intended to address all other variance application requests.

(B) Purpose. The purpose of a variance permit is to allow certain deviations from the standards of this ZDO (such as height, yard setback, lot coverage, parking, landscaping, and signage standards), when the landowner demonstrates that, owing to special circumstances or conditions beyond the landowner's control (such as exceptional topographical conditions, narrowness, shallowness, or the shape of a specific parcel of land), the literal application of the dimensional standards would result in undue and unique hardship to the landowner and the deviation would not be contrary to the public interest.

(1) The BZA is authorized to review and decide a variance permit from the zoning standards in accordance with this section.

(2) The Planning Commission is authorized to review and decide on a variance permit from the subdivision standards in accordance with this section.

(D) Procedure for zoning variance permits.

(1) Application submission, review, notification and scheduling hearing. The procedures and requirements for submission and review of an application are established in § 162.02, Common Review Procedures.

(E) Procedure for subdivision variance permits.

(2) Review and action by Planning Commission. After preparation of a staff report, public notification, and the scheduling of a public hearing, the Planning Commission shall conduct a public hearing on the application in accordance with § 162.02-17, Public Hearing Procedures. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, the staff report, and the testimony given at the public hearing. After the close of the public hearing, the Planning Commission shall approve, approve with conditions, or deny the application based on the standards in § 162.03-07(F), Variance Permit Standards.

(F) Variance permit standards.

(1) Application. The variance permit standards set forth in this ZDO are applicable to both zoning variance permits and subdivision variance permits.

(2) Findings. A variance permit shall be approved only upon a finding, made in writing that the applicant demonstrates all of the following standards are met:

(a) There are extraordinary and exceptional conditions (such as topographic conditions, narrowness, shallowness, or the shape of property) pertaining to the particular piece of land for which the variance permit is sought, that do not generally apply to other land or structures in the vicinity.

(b) The special circumstances are not the result of the actions of the applicant.

(c) Because of the conditions in § 162.03-04(F)(2)(a) above, the application of this ZDO to the land would effectively prohibit or unreasonably restrict the utilization of the land and result in unnecessary and undue hardship.

(d) The granting of the variance permit is the minimum action that will make possible the reasonable use of the land or structure which is not contrary to the public interest, and which would carry out the spirit of this ZDO.

(e) The authorization of the variance permit will not result in substantial detriment to adjacent land, and the character of the zoning district in which the land subject to the application is located.

(f) The granting of the variance permit will be generally consistent with the purposes and intent of this ZDO.

(3) Not grounds for variance permit. The following do not constitute grounds for a variance permit:

(a) The nonconforming use of neighboring lands, structures, or buildings in the same zoning district that applies to the land for which the variance permit is sought.

(b) The fact that land may be utilized more profitably should a variance permit be granted.

1. Allow a use not permitted by right or special exception in the district in which the land subject to the variance permit is located.

2. Extend physically a nonconforming use of land.

3. Change the zoning district boundaries on the official zoning map.

4. Establish, enlarge, or alter any use, structure, or characteristic of use that arises from or is necessitated by the approval of a special exception permit.

(G) Conditions of approval. In approving a variance permit, the BZA or Planning Commission may impose appropriate conditions on the permit approval in accordance with § 162.02-12, Conditions of Approval.

(H) Appeal. A person having a substantial interest affected by a decision of the BZA or the Planning Commission on a variance permit may appeal from the decision of the BZA or the Planning Commission to the Circuit Court in and for Charleston County by filing with the Clerk of Court a petition setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal shall be filed within 30 days after the decision of the the Planning Commission is made or within 30 days after the decision of the BZA is mailed. For the purposes of this subsection, person includes persons jointly or severally aggrieved by the decision of the BZA or the Planning Commission.

(I) Recordation. The BZA or the Planning Commission may require the applicant to record the variance permit with the Register of Mesne Conveyance. The variance permit shall be binding upon the landowners, their successors, and assigns.

(J) Subsequent development. Development authorized by the variance permit shall not be carried out until the applicant has secured all other permits required by this ZDO or any other applicable provisions of the city. A variance permit does not ensure that the development approved as a variance permit shall receive subsequent approval for other applications for permit approval unless the relevant and applicable portions of this ZDO or any other applicable provisions are met.

(K) Effect. Issuance of a variance permit shall authorize only the particular variance that is approved in the permit. A variance permit, including any conditions, shall run with the land and not be affected by a change in ownership. Land subject to an approved variance permit shall not be exempted from other relevant standards in this ZDO which are unrelated to the standard being varied.

(L) Expiration.

(1) General. The BZA or Planning Commission may prescribe a time limit within which development activity shall begin or be completed on the variance permit, or both. Failure to begin or complete such development activity within the time limit specified shall void the variance permit. Unless specified otherwise by the BZA, a variance permit shall automatically expire:

(a) One year from the date of its issuance if:

1. The development authorized by the permit has not commenced, and no substantial construction, alteration, demolition, excavation, or other similar work required by the permit is completed; or

2. Less than 10% of the total amount of development approved as part of the permit is completed, when construction, alteration, demolition, excavation, or other similar work is required.

(b) If the development approved by the variance permit is discontinued and not resumed for a period of one year.

(2) Extension. Upon written application submitted at least 30 days prior to the expiration of the permit period by the applicant, and upon a showing of good cause, the BZA or Planning Commission (as appropriate) may grant one extension not to exceed six months. Failure to submit an application for an extension within the time limits established by this section shall result in the expiration of the variance permit.

(M) Amendment. A variance permit may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.

(Ord. 05-10, passed 3-23-10; Am. Ord. 014-24, passed 6-11-24)

§ 162.03-05 Administrative Adjustments.

(A) General. This section sets out the procedures and standards for administrative adjustments, which are modifications of 10% or less of any numeric dimensional standard in Table 165.01, Dimensional Standards, except those related to maximum gross density.

(B) Authority. The Zoning Administrator is authorized to review and approve, approve with conditions, or deny an application for an administrative adjustment in accordance with this section.

(1) Initial submission of application and staff review. The procedures and requirements for submission and review of an application are established in § 162.02, Common Review Procedures.

(2) Review and action by Zoning Administrator. The Zoning Administrator shall review and take action on the application in accordance with the procedures and requirements of § 162.02-18, Zoning Administrator or City Official Review Procedures.

(D) Administrative adjustment standards. Administrative adjustments shall be approved upon a finding the applicant demonstrates all of the following standards are met:

(1) The requested administrative adjustment is not inconsistent with the character of development in the surrounding area, and will not result in incompatible uses.

(2) Any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum extent practicable.

(3) The administrative adjustment is of a technical nature (i.e., relief from a dimensional), and is either:

(a) Required to compensate for some unusual aspect of the site or the proposed development that is not shared by landowners in general;

(b) Supporting an objective or goal from the purpose and intent statements of the zone district where located; or

(4) The administrative adjustment will not substantially interfere with the convenient and enjoyable use of adjacent lands, and will not pose a danger to the public health or safety.

(E) Conditions of approval. In approving an administrative adjustment, the Zoning Administrator may grant a lesser modification than the maximum allowed by this section or requested by an applicant, and may impose appropriate conditions on the permit approval in accordance with § 162.02-12, Conditions of Approval.

(F) Recordation. The Zoning Administrator may require the applicant to record the administrative adjustment with the Register of Mesne Conveyance. The administrative adjustment shall be binding upon the landowners, their successors, and assigns.

(G) Subsequent development. Development authorized by the administrative adjustment shall not be carried out until the applicant has secured all other permits required by this ZDO or any other applicable provisions of the city. An administrative adjustment shall not ensure that the development receiving an administrative adjustment receives subsequent approval for other applications for development unless the relevant and applicable portions of this ZDO or any other applicable provisions are met.

(H) Effect. Issuance of an administrative adjustment shall authorize only the particular administrative adjustment that is approved in the permit. An administrative adjustment, including any conditions, shall run with the land and not be affected by a change in ownership.

(I) Expiration.

(1) General. The Zoning Administrator may prescribe a time limit within which development activity shall begin or be completed on the development subject to an administrative adjustment, or both. Failure to begin or complete such development activity within the time limit specified shall void the administrative adjustment. Unless specified otherwise by the Zoning Administrator, a building permit shall be obtained for the development approved by the permit within 12 months from the date of approval of the administrative adjustment, and development shall be completed on the building permit within the time allowed under the city's building regulations, or the administrative adjustment shall expire and be void.

(2) Extension. Upon written application submitted at least 30 days prior to the expiration of the permit period by the applicant and upon a showing of good cause, the Zoning Administrator may grant one extension not to exceed six months. Failure to submit an application for an extension within the time limits established by this section shall result in the expiration of the administrative adjustment.

(J) Amendment. An administrative adjustment may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.

(K) Appeals. An aggrieved party may appeal the decision of the Zoning Administrator to the BZA in accordance with § 162.03-15, Appeals.

(Ord. 05-10, passed 3-23-10)

§ 162.03-06 Site Plan.

(A) Purpose. Site plan review is required to ensure that the layout and general design of proposed development is compatible with surrounding uses and complies with the development standards, subdivision standards, all other relevant provisions of this ZDO, and all other applicable city regulations.

(B) Applicability. All development, unless exempted in accordance with § 162.03-06, Exemptions, shall be required to have site plan approved in accordance with this section prior to issuance of a building permit.

(C) Exemptions. Internal construction that does not increase gross floor area, increase the density or intensity of use, or affect parking or landscaping requirements shall be exempted from the requirements of this section (but is not exempted from the standards in § 162.03-13, Zoning Permit).

(D) Procedure.

(1) Submission and review of application. The procedures and requirements for submission and review of a site plan are established in § 162.02, Common Review Procedures. Additional submittal requirements for nonresidential and multi-family developments shall include six copies of each of the following:

(a) A site plan drawn to a minimum scale of one inch equals 20 feet, showing the proposed structure(s) on the lot with the dimensions relative to the property line; existing neighboring building(s) adjacent to the property line; demolition of existing site features; and location of all proposed site features such as parking, driveways, walls, gates, location and size of mechanical equipment, landscaped areas, and accessory buildings.

(b) Floor plans drawn at a minimum scale of 1/8 inch equals one foot depicting the arrangement of the interior spaces of the first floor; the relationship between first and ground floors and the site; the location of windows and doors; mechanical equipment; electrical meter location; and electrical service access.

(c) Building elevations and typical building cross sections through all elevations drawn at a minimum scale of 1/8 inch equals one foot, including vertical dimensions; existing grade; proposed grade; finish floor elevations; roof slopes; mechanical vents and equipment; location and type of outdoor lighting fixtures; design and location of signage; and proposed material selections and textures, indicated by hatching where appropriate, including those for wall cladding, roofs, chimney flues, gutters and downspouts, and porches and railings.

(d) A landscape plan drawn to a minimum scale of one inch equals 20 feet, showing the location of existing trees to be retained or removed on the site; the locations, varieties, and sizes of trees and plant materials (graphically indicated) to be planted on the site; other pertinent landscape features; and indication of the type of irrigation system to be installed, where applicable.

(e) Typical construction details, including wall sections.

(f) Materials specification outline with samples, brochures, or photographs of all exterior materials, colors, finishes, and fixtures.

(g) Panoramic photograph showing a general view of the street showing the building, site and adjacent property (streetscape); individual photographs of the buildings immediately adjacent to and across from the site; and a frontal view of the building site from the street.

(h) Drawings of proposed signs illustrating the proposed lettering and graphics, drawn to scale, colors of the proposed sign shall be indicated on the drawing, and actual color samples shall also be furnished. Any proposed illumination techniques shall be indicated on the drawing.

(i) A contextual model showing the new building in the existing environment, if and when required by the DRB.

Applications for single- and two-family dwellings shall include a plot plan and a sketch of sufficient detail to determine the proposed building's compliance with § 166.05, Residential Design Standards.

(2) Review and action by Zoning Administrator. Site plan applications for single- and two-family dwellings shall be reviewed and decided by the Zoning Administrator in accordance with the procedures and requirements in § 162.02-18, Zoning Administrator or City Official Review Procedures, and the standards in § 162.03-06(E), Site Plan Standards. All other site plan applications shall be reviewed and decided by the DRB.

(3) Review and action by Design Review Board. After receipt of a staff report on a site plan application from the Zoning Administrator, review and recommendation by the DRC, the Design Review Board shall review and consider the application, the relevant support materials, the staff report, and any comments given at the meeting. After this consideration, the Design Review Board shall approve, approve with conditions, or deny the application based on the standards in § 162.03-06(E), Site Plan Standards.

(E) Site plan standards. A site plan shall be approved only upon a finding the applicant demonstrates all of the following standards are met:

(1) The use is allowed in the zoning district in accordance with Table 164.01, Table of Allowed Uses.

(2) The development and uses in the site plan comply with § 164.03, Use-Specific Standards.

(3) The development proposed in the site plan and its general layout and design comply with all appropriate standards in Chapter 166: Development Standards.

(4) The development proposed in the site plan and its general layout and design comply with all appropriate standards in Chapter 167: Subdivision Standards.

(F) Conditions of approval. In approving a site plan, the Zoning Administrator or Design Review Board may impose appropriate conditions on the permit approval in accordance with § 162.02-12, Conditions of Approval.

(G) Expiration.

(1) General. The Zoning Administrator or Design Review Board (as appropriate) may prescribe a time limit within which development activity shall begin or be completed, or both. Failure to begin or complete such

development within the time specified shall void the site plan. Unless specified by the Zoning Administrator or the Design Review Board (as appropriate), a site plan approval shall automatically expire at the end of 12 months after the date of its issuance if a building permit for at least one building in the development proposed in the site plan is not approved. A change in ownership of the land does not affect this time frame.

(2) Extension. Upon written application submitted at least 30 days prior to the expiration of the permit period by the applicant and upon a showing of good cause, the Zoning Administrator or Design Review Board (whichever is appropriate) may grant one extension for a site plan not to exceed six months. Failure to submit an application for an extension within the time limits established by this section shall render the site plan void.

(H) Amendments. A site plan may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.

(Ord. 05-10, passed 3-23-10)

§ 162.03-07 Subdivision.

(A) Purpose. The purpose of this section is to promote the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the city during the subdivision process by:

(1) Providing for the orderly growth and development;

(2) Coordinating streets and roads within proposed subdivisions with the city’s planned street system, and with other public facilities;

(3) Providing right-of-way easements for streets and utilities;

(4) Avoiding congestion and overcrowding, and encouraging the proper arrangement of streets in relation to existing or planned streets;

(5) Ensuring there is adequate open space and recreation facilities to serve development;

(6) Ensuring natural resources are adequately protected;

(7) Ensuring there is proper recordation of landownership records; and

(8) Ensuring the provision of such other matters as the City Council may deem necessary in order to protect the general health, safety, and welfare of the city.

(B) Applicability.

(1) General. The following development, unless exempted in accordance with § 162.03-07(B)(3), Exemptions, is required to have land subdivided in accordance with the procedures and standards of this section prior to the transfer of title or sale of any lots, or the issuance of a building permit for development.

(a) The division of land into two or more lots, building sites, or other divisions for the purpose of immediate or future sale, lease, or building development;

(b) Re-subdivision involving the further division or relocation of lot lines of any lot or lots within an already approved subdivision; and

(2) Overview of development permits required. Every subdivision of land is classified as either:

(a) A minor subdivision, or

(b) A major subdivision (comprised of a preliminary subdivision plat and a final plat).

A minor subdivision or final subdivision plat shall be approved for any subdivision prior to the transfer of title or sale of any lots for the land subject to subdivision.

(3) Exemptions. The following development shall be exempt from the requirements of this section:

(a) The combination or recombination of portions of previously platted lots where the total number of lots is not increased, and where the Zoning Administrator determines there are no significant changes to or encroachment upon the public street systems required, and where the lot sizes comply with the standards set forth in the zoning district where the land is located;

(b) The public acquisition by purchase of strips of land for the widening or opening of new streets; and

(1) General. The minor subdivision procedure shall be utilized for the subdivision of land into three or fewer lots when:

(a) No new streets, alleys, or other public ways are created;

(b) No changes are made to the existing rights-of-way of any streets, alleys, or other public ways;

(d) The division of land complies with the standards of Chapter 167: Subdivision Standards;

(e) No flag lot is created in a residential district that is inconsistent with existing development patterns; and

(f) The lots have direct access onto a public street that has been accepted for maintenance by the appropriate agency.

(2) Procedure.

(a) Initial submission of application and staff review. The procedures and requirements for submission and review of an application are established in § 162.02, Common Review Procedures.

(b) Review and action by Zoning Administrator. The Zoning Administrator shall review and take action on the application for minor subdivision in accordance with § 162.02-18, Zoning Administrator or City Official Review Procedures.

(3) Standards. A minor subdivision shall be approved on a finding the application complies with the standards in Chapter 167: Subdivision Standards, all other relevant provisions of this ZDO, and all other relevant city ordinances and regulations.

(4) Recordation. The subdivider shall file an approved plat for minor subdivision with the Register of Mesne Conveyance for recording within ten days after the date of approval or the approved plat shall expire.

(5) Amendments. A plat for minor subdivision may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.

(6) Successive applications. Any subsequent subdivision of land already subject to a minor subdivision approval shall be in accordance with § 162.03-07(D), Major Subdivision.

(D) Major subdivision.

(1) Applicability. The standards and procedures of this subsection shall apply to all subdivision of land not exempted in accordance with § 162.03-07(B)(3), Exemptions, or considered a minor subdivision in accordance with § 162.03-07(C), Minor Subdivisions.

(2) Preliminary plat.

(a) General. A preliminary subdivision plat establishes the general layout and design for the subdivision. Upon the approval of a preliminary subdivision plat, detailed plans for street construction, utility line installations, and similar approvals shall be included. Building permits may not be issued before approval of a final plat for subdivision.

(b) Contents. Preliminary subdivision plats shall be of a scale not smaller than one inch equal to 200 feet, and shall be on a sheet 24 inches by 36 inches in size. Preliminary plat drawings shall include all of the following information:

1. The proposed name of development, which shall not duplicate or too closely approximate, phonetically or otherwise, the name of any development within the jurisdiction;

2. A north point, graphic scale, written scale and date, including the month, day and year that the original drawing was completed and the month, day and year for each revision of the original drawing;

3. The name of land owner, developer, if different, and location and ownership of adjoining properties;

4. The existing zoning district classification of the land;

5. A vicinity map, for the purpose of locating the property being developed, drawn at a scale of one inch equals 2,000 feet and showing the relation of the property to surrounding properties, differentiated by tone or pattern, to adjoining property and to all streets, roads, municipal boundaries and recorded subdivision plats existing within 1,000 feet of any part of the property;

6. The distance and bearing of one of the corners of the boundary of the development to the nearest intersection of existing streets or roads;

7. The total tract boundaries of the land being developed, showing bearing and distances, and a statement of total acreage of the land;

8. All existing municipal boundaries, property lines, rights-of-way, easements, railroads, sewer lines, water lines, fire hydrants, utility transmission lines, culverts, bridges, storm drainage ditches, water courses, buildings and wooded areas;

9. All existing streets, including streets of record (recorded but not constructed), on or abutting the tract, including the names, rights-of-way widths, pavement widths and approximate grades;

10. Street rights-of-way, pavement widths and grades, (including street profiles and cross sections when requested by the Planning Commission);

11. All lot lines, lot dimensions and lot and block numbers;

12. Preliminary plans for utilities (i.e., sewer, water, electricity, gas lines and storm drainage), including storm and sanitary sewer profiles, cross sections, and sizes when required by the Planning Commission);

13. Plans for the protection of soils on the site from wash, erosion, and other drainage during construction;

14. Other easements and rights-of-way. including locations, dimensions and purposes;

15. Any contour changes to be made by grading;

16. Parks, school sites, and other areas designated for public use, if any;

17. Tree retention and open space set-aside areas;

18. Areas to be used for purposes other than residential or institutional development, if any, with the purpose, location and dimensions of each indicated;

19. Copies of approval of the SCDES whenever individual sewage disposal or water supply systems are required; and

20. Any other information considered by either the applicant or Planning Commission to be pertinent to the review of the preliminary subdivision plat.

If the preliminary plat requires more than one sheet, a key diagram showing relative location of the several sections shall be drawn on each sheet.

(c) Transportation impact analysis required. Applications for major subdivisions that will result in ten or more dwelling units or 5,000 or more square feet of nonresidential area shall include a traffic impact analysis that includes a study area of at least one mile around the proposed development. The analysis shall indicate existing roadway levels-of-service and all on-site and off-site mitigation required to maintain existing level-of-service conditions following completion of the proposed development.

(d) Application review. The procedures and requirements for submission and review of an application for a preliminary plat for subdivision are established in § 162.02, Common Review Procedures.

(e) Review and action by Planning Commission. The Zoning Administrator shall refer the staff report on the preliminary subdivision plat to the Planning Commission on the date the application is being considered at a regularly scheduled meeting. At the meeting, the Planning Commission shall consider the application, the relevant support materials, the staff report, and any comments given during the meeting. During the meeting, the Planning Commission shall approve, approve with conditions, or deny the preliminary subdivision plat based on the standards in § 162.03-07(D)(3), Preliminary Plat Standards. The Planning Commission shall act on the application for preliminary subdivision plat within 60 days of the application’s referral from the Zoning Administrator (unless a longer review period is agreed upon between the Planning Commission and subdivider).

(3) Preliminary subdivision plat standards. A preliminary plat for subdivision shall be approved upon a finding the application complies with the standards in Chapter 167: Subdivision Standards, all other relevant provisions of this ZDO, and all other relevant city ordinances and regulations.

(4) Conditions. In approving a preliminary subdivision plat, the Planning Commission may impose appropriate conditions on the permit approval in accordance with § 162.02-12, Conditions of Approval.

(5) Effect of approval. Approval of a preliminary subdivision plat shall constitute approval of the development with the general lot shapes and alignments of streets identified on the preliminary plat. Approval of a preliminary subdivision plat allows the subdivider to apply for a grading permit, § 162.03-09, necessary for construction of streets and public utilities. Approval of a preliminary subdivision plat does not constitute approval of a final subdivision plat. The preliminary subdivision plat shall run with the land.

(6) Expiration.

(a) The approval of a preliminary subdivision plat shall expire at the end of 12 months from the date approval was granted by the Planning Commission in the event the subdivider has not applied for a grading permit, final subdivision plat, or other permit showing attempts at substantial progress.

(b) In the event a final subdivision plat for all or a portion of the preliminary subdivision plat is not applied for within one year of the original approval date of the preliminary subdivision plat, the city may require that the preliminary plat be amended and updated to comply with all standards in effect at the time of its re-review.

(7) Extension. Upon written application submitted at least 30 days prior to the expiration of the permit by the applicant and upon a showing of good cause, the Planning Commission may grant one extension not to exceed six months. The approval shall be deemed extended until the Planning Commission has acted upon the request for extension. Failure to submit an application for an extension within the time limits established by this section shall render the preliminary subdivision plat void.

(8) Amendment. A preliminary subdivision plat may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.

(9) Final subdivision plat.

(a) General. After approval of a preliminary subdivision plat and construction of any required public improvements, the subdivider shall prepare a final subdivision plat for review in accordance with this section.

(b) Initial submission of application and staff review. The procedures and requirements for review of an application for final plat for subdivision are established in § 162.02, Common Review Procedures.

(c) Submittal requirements. The final plat of a proposed development shall be clearly and legibly drawn to a scale of one inch equal to 100 feet, and shall be 21 inches by 30 inches or of a size approved by the Zoning Administrator. Final plats shall contain or be accompanied by all the following information:

1. Name of development;

2. Name of record owner and surveyor or engineer;

3. North point, graphic scale, written scale and date, including the month, day and year that the original drawing was completed and the month, day and year for each revision of the original drawing;

4. Name and location of all abutting subdivisions, if any, and location and ownership of adjoining unsubdivided property;

5. A vicinity map, for the purpose of locating the property being developed, drawn at a scale of one inch equals 2,000 feet and showing the relation of the property, differentiated by tone or pattern, to adjoining property and to all streets, roads, municipal boundaries and recorded subdivision plats existing within 1,000 feet of any part of the property;

6. The total tract boundary lines of the area being developed in accordance with the most recent edition of the Minimum Standards Manual for the practice of land surveying in the state, as promulgated pursuant to S.C. Code §§ 40-22-10 et seq. and as set forth in the state administrative regulations at R 49-400 et seq.;

7. The signature, seal and certification of a registered professional land surveyor or engineer to the effect that the final plat accurately reflects a survey made by him or her, that any changes from the description appearing in the last record transfer of land contained in the final plat are so indicated, that all monuments shown thereon actually exist or will be installed and their position is accurately shown;

8. A statement describing the relationship of the proposed development to the city’s Comprehensive Plan objectives and policies;

9. A notarized certification of ownership showing that the applicants are the owners, with statements by an attorney acknowledging any offers of dedication of land for public use and land restrictions by protective covenants;

10. Certification by the SCDES and the appropriate service district that the water supply and/or sewer disposal system or systems installed, or proposed for installation, fully meet their requirements;

11. The signature, seal and approval of the subdivider’s engineer indicating that required infrastructure improvements have been satisfactorily installed;

12. Appropriate notations for transfer and recording by the Register of Mesne Conveyance, indicating date and time of recording, the plat book location thereof, and instrument number;

13. In cases where a subdivision abuts a water body, proof of coordination with SCDES and SC DNR, information on proposed docks, and identification of measures proposed to reduce impacts;

14. Proof of coordination with the State Historic Preservation Office of the South Carolina Department of Archives and History; and

15. A statement indicating the extent of improvements to a site prior to sale (in cases where lots are to be sold without housing units).

16. A notation of the base flood elevation with the BFE indicated for each parcel to be created.

(d) Review and action by Planning Commission. The Zoning Administrator shall refer the staff report on the final subdivision plat to the Planning Commission on the date the application is being considered at a regularly scheduled meeting. At the meeting, the Planning Commission shall consider the application, the relevant support materials, the staff report, and any comments given during the meeting. During the meeting, the Planning Commission shall approve or deny the final subdivision plat based on the standards in § 162.03-07(D)(9)(e), Final Plat Standards.

(e) Final plat standards. The final subdivision plat shall:

1. Comply with the standards contained in Chapter 167: Subdivision Standards;

2. Be in substantial conformance with the preliminary subdivision plat;

3. Be consistent with all other relevant provisions of this ZDO; and

4. Be consistent with all other relevant city ordinances and regulations.

(f) Recordation. The subdivider shall file the approved final subdivision plat with the Register of Mesne Conveyance for recording within ten days after the date of approval of the final subdivision plat or the final subdivision plat shall expire.

(g) Completion of required public improvements prior to issuance of building permits. All public improvements shall be completed, inspected, and approved prior to the issuance of the first building permit for development within the subdivision.

(h) Effect of final plat. The approval of a final subdivision plat shall not be deemed to constitute or effect the acceptance by the city of the dedication of any street, public utility line, or other public facility shown on the plat. Upon satisfactory completion of the one-year warranty period, streets, utility lines, and other public improvements shall be accepted by the city. However, the city may, by resolution, accept any dedication made to the public of lands or facilities for streets, parks, or public utility lines. The city has no obligation to open any street even after acceptance of dedication. The sale of individual lots shall not occur before final subdivision plat approval.

(Ord. 05-10, passed 3-23-10; Am. Ord. 35-11, passed 12-13-11; Am. Ord. 001-25, passed 2-11-25)

§ 162.03-08 Building Permit.

(A) Purpose. The purpose of this section is to provide a mechanism for reviewing applications for building permits to ensure all development within the city complies with the standards of this ZDO.

(B) Applicability. No building, driveway, wall, structure, or other improvement shall be erected, installed, added to, or structurally altered without the owner or developer having first obtained a building permit from the Building Official, pursuant to this section and the standards of this section.

(1) Submission and review of application. The procedures and requirements for submission and review of an application are established in § 162.02, Common Review Procedures.

(2) Action by Building Official. The Building Official shall review and take action on the application for a building permit consistent with the standards in § 162.03-08(E), Building Permit Standards.

(D) Application requirements. Applications for a building permit shall be filed on a form provided by the Building Official, and shall include the following:

(1) A general description of the proposed work to be completed and the proposed use(s) being developed;

(2) The zoning district designation of the land where development is proposed;

(3) The signature of the land owner or owner's authorized agent;

(4) The estimated cost of the construction, including labor and materials;

(5) A plan, drawn to scale, showing:

(a) The dimensions of the lot being developed;

(b) The size and location of buildings and structures to be erected;

(d) The percentage of the lot covered by impervious surfaces;

(e) The total heated square footage; and

(f) The front, side, and rear yards or setbacks;

(6) The lot's location within a flood hazard area boundary (if applicable);

(7) The use permit issued by the South Carolina SCDES if the lot is located within the critical area; and

(8) Any other information considered necessary by the Building Official in order to render a decision.

(E) Building permit standards. A building permit shall be approved upon a finding that the application complies with the standards of this ZDO and all other applicable city ordinances.

(F) Conditions. In approving a building permit, the Building Official may impose appropriate conditions on the permit approval pursuant to § 162.02-12, Conditions of Approval.

(G) Expiration.

(1) Time limit for commencement of work. If the work described in any building permit has not begun within 12 months from the date of issuance, the building permit shall expire and be void.

(2) Extension. Upon written application submitted at least 30 days prior to the expiration of the permit by the applicant and upon a showing of good cause, the Building Official may grant one extension not to exceed six months. Failure to submit an application for an extension within the time limits established by this section shall render the building permit void.

(H) Amendment. A building permit may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.

(Ord. 05-10, passed 3-23-10; Am. Ord. 11-21, passed 5-11-21; Am. Ord. 001-25, passed 2-11-25)

§ 162.03-09 Grading Permit.

(A) Purpose. The purpose of this section is to provide a mechanism for reviewing applications for grading permits to ensure all grading within the city complies with the standards of this section, § 166.04-05, Stormwater Management, all relevant standards in this ZDO, all other applicable city ordinances, and all other state and federal laws.

(B) Applicability. No grading or other land-disturbing activity, including the addition or installation of any impervious surface, except that exempted by § 162.03-09(C), Exemptions, shall ensue without first having obtained a grading permit pursuant to this section.

(C) Exemptions. The following activities are not required to obtain a grading permit, but shall comply with all requirements in § 166.04-05, Stormwater Management:

(1) Land-disturbing activities exempted from grading permit requirements by the South Carolina Erosion and Sediment Control Act;

(2) Land-disturbing activities undertaken for the purpose of fighting fires; and

(3) Land-disturbing activities taking place on a lot containing a lawfully established single-family dwelling provided such activities are located outside of any sensitive natural areas and provided they are limited to a maximum of 2,500 square feet.

(D) Procedure.

(1) Submission and review of application. The procedures and requirements for submission and review of an application are established in § 162.02, Common Review Procedures.

(2) Action by Public Works Director. The Public Works Director shall review and take action on the application for a grading permit consistent with the standards in § 162.03-09(E), Grading Permit Standards.

(E) Standards. A grading permit shall be approved upon a finding that the application complies with the standards of the South Carolina Erosion and Sediment Control Act, which is adopted and incorporated into this ZDO by reference.

(F) Conditions. In approving a grading permit, the Public Works Director may impose appropriate conditions on the permit approval pursuant to § 162.02-12, Conditions of Approval.

(G) Expiration.

(1) If the work described in any grading permit has not begun within six months from the date of issuance, the grading permit shall expire and be void.

(2) Written notice of the expiration of a grading permit shall be given to the applicant by the Director of Public Works. Such notice shall clarify that land-disturbing activity shall not proceed unless and until a new grading permit is obtained.

(H) Amendments. A grading permit may be amended, extended, or modified only in accordance with the procedures established for its original approval.

(Ord. 05-10, passed 3-23-10)

§ 162.03-10 Tree Alteration Permit.

(A) Purpose. This section provides a mechanism for the removal of trees within the city only in accordance with the standards in § 166.01, Tree Protection.

(B) Applicability.

(1) Where required. A tree alteration permit shall be required for the removal of any tree or the pruning of any limb more than six inches diameter at the nearest juncture.

(1) Submission and review of application. The procedures and requirements for submission and review of an application are established in § 162.02, Common Review Procedures.

(2) Action by Building Official. The Building Official shall review and take action on the application for a tree alteration permit consistent with the standards in § 162.03-10(E), Tree Alteration Permit Standards.

(D) Application requirements. Applications for a tree alteration permit shall be filed on a form provided by the Building Official.

(1) Any application for the removal of a protected or non protected tree must be accompanied by a landscape plan the location and size of all non protected trees over 12 inches DBH and protected trees identified in Table 166.02.

(2) Any application for the removal of a tree that is severely diseased, high risk, dying or hazardous, must be accompanied by a supporting letter from an ISA arborist or landscape architect certified in the State of South Carolina.

(E) Tree alteration permit standards. A tree alteration permit shall be approved upon a finding that the application complies with the standards of this section and § 166.01, Tree Protection.

(F) Conditions. In approving a tree alteration permit, the Building Official may impose appropriate conditions on the permit approval pursuant to § 162.02-12, Conditions of Approval. The Building Official may waive the fee required for a tree alteration permit if the applicant agrees to provide the city with mulch or chippings created during the tree removal process.

(G) Expiration. If the work described in any tree alteration permit has not begun within six months from the date of issuance, the tree alteration permit shall expire and be void.

(H) Amendments. A tree alteration permit may be amended, extended, or modified only in accordance with the procedures established for its original approval.

(I) Appeal of decision of Building Official. Any person aggrieved or affected by a decision of the Building Official may appeal such decision to the BZA in accordance with § 162.03-15, Appeals.

(Ord. 05-10, passed 3-23-10; Am. Ord. 25-16, passed 1-10-17; Am. Ord. 029-21, passed 12-14-21)

§ 162.03-11 Sign Permit.

(A) Purpose. The purpose of this section is to provide a mechanism for reviewing applications for sign permits to ensure all signs within the city comply with the standards of § 166.08, Sign Standards.

(B) Applicability. No sign shall be erected, installed, displayed, structurally altered, or otherwise changed without the sign owner having first obtained a sign permit from the Building Official, pursuant to this section and the standards of § 166.08, Sign Standards.

(C) Exemptions. The following are not considered signs, and do not require a sign permit (though other standards in the ZDO or the city code of ordinances may apply):

(1) The flag or emblem of any nation, organization of nations, state, city, religious, fraternal (i.e., clubs or associations), civic or other public or semipublic body;

(2) Merchandise and pictures or models of products or services incorporated in a window display;

(3) Works of art which in no way identify a product;

(4) Buildings constructed to generally resemble a product; or

(5) Wraps, magnets, decals, and other signage on vehicles which are parked in compliance with Section 72.10 Prohibited Activities.

(D) Procedure.

(1) Submission and review of application. The procedures and requirements for submission and review of an application are established in § 162.02, Common Review Procedures.

(2) Action by Building Official. The Building Official shall review and take action on the application for a sign permit consistent with the standards in § 162.03-11(E), Sign Permit Standards.

(E) Sign permit standards. A sign permit shall be approved upon a finding that the application complies with the standards of § 166.08, Sign Standards and all applicable Building Code requirements.

(F) Conditions. In approving a sign permit, the Building Official may impose appropriate conditions on the permit approval pursuant to § 162.02-12, Conditions of Approval.

(G) Inspection.

(1) Upon completion of the sign, the applicant shall contact the Building Official for an inspection to verify compliance with the requirements of the sign permit and the provisions of this section and this ZDO.

(2) If the sign fails to pass the required inspection, the applicant shall correct the items not in compliance within ten business days, or the sign permit shall be deemed invalid and void. A re-inspection fee may be required prior to any re-inspection.

(H) Expiration. If the work described in any sign permit has not begun within six months from the date of issuance, the sign permit shall expire and be void.

(I) Amendments. A sign permit may be amended, extended or modified only in accordance with the procedures established for its original approval.

(Ord. 05-10, passed 3-23-10; Am. Ord. 04-18, passed 9-25-18)

§ 162.03-12 Temporary Use Permit.

(A) Applicability. The provisions of this section shall apply to all proposed temporary uses as set forth in § 164.05, Temporary Uses and Structures.

(B) Procedure.

(1) Submission and review of application. The procedures and requirements for submission and review of an application are established in § 162.02, Common Review Procedures.

(2) Action by Zoning Administrator. The Zoning Administrator shall review and take action on the application for a temporary use permit consistent with the standards in § 162.03-12(D), Temporary Use Permit Standards.

(C) Temporary use permit standards. A temporary use permit shall be approved upon a finding the temporary use, as proposed, complies with the relevant standards in § 164.05, Temporary Uses and Structures.

(D) Conditions of approval. In approving a temporary use permit, the Zoning Administrator may impose appropriate conditions on the permit approval in accordance with § 162.02-12, Conditions of Approval.

(E) Expiration. A temporary use permit shall be effective beginning on the date specified in the permit approval, and shall remain effective for the period indicated on the permit.

(F) Amendment. A temporary use permit may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.

(Ord. 05-10, passed 3-23-10; Am. Ord. 27-13, passed 2-25-14)

§ 162.03-13 Zoning Permit.

(A) Purpose. A zoning permit shall be required in accordance with the provisions of this section in order to ensure that proposed development complies with the standards of this ZDO, and to otherwise protect the public health, safety, and welfare of the citizens of the city.

(B) Applicability. The requirements of this section shall apply to any development that requires a building permit (See § 162.03-08), and any change of use.

(C) Zoning permit requirement. No building permit shall be issued or change of use occur without approval of a zoning permit by the Zoning Administrator in accordance with this section.

(D) Procedure.

(1) Submission and review of application. The procedures and requirements for submission and review of an application are established in § 162.02, Common Review Procedures.

(2) Action by Zoning Administrator. The Zoning Administrator shall review the application in accordance with § 162.02-18, Zoning Administrator or City Official Review Procedures.

(E) Zoning permit standards. A zoning permit shall be approved upon a finding the application complies with all relevant standards of this ZDO.

(F) Expiration. If a building permit is not issued within six months of the date of issuance of the zoning permit, the zoning permit shall expire and be void.

(G) Amendment. A zoning permit may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.

(Ord. 05-10, passed 3-23-10)

§ 162.03-14 Interpretation.

(A) Authority. Interpretations of all provisions of this ZDO shall be made by the Zoning Administrator, including: interpretations of the text of this ZDO; interpretations of the zoning district boundaries; and interpretations of whether an unspecified use falls within a use classification, use category, or use type allowed in a zoning district.

(B) Initiation. A written interpretation may be requested by the City Council, the Planning Commission, the BZA, the DRB, any resident or landowner, or any person having a contractual interest in land in the city.

(1) Submission of request for interpretation. Before a written interpretation shall be provided by the Zoning Administrator, a request for interpretation shall be submitted to the Zoning Administrator in writing on a form established by the Zoning Administrator and made available to the public, along with a non-refundable fee.

(2) Determination of completeness. Within five business days after a request for interpretation has been submitted, the Zoning Administrator shall determine whether it is complete.

(a) If the Zoning Administrator determines the request is not complete, a notice shall be provided to the applicant specifying the deficiencies. The Zoning Administrator shall take no further action on the request for interpretation until the deficiencies are remedied. If the applicant fails to respond to the deficiencies within 20 business days, the request for interpretation shall be considered withdrawn.

(b) When the request for interpretation is determined complete, the Zoning Administrator shall review the request and render an interpretation in accordance with the procedures and standards of this section.

(3) Rendering of interpretation. After the request for interpretation has been determined sufficient, the Zoning Administrator shall review and evaluate the request in light of the Comprehensive Plan, this ZDO, the official zoning map, and other relevant codes and statutes, consult with the City Attorney and other affected city staff, and then render an interpretation.

(4) Form. The interpretation shall be in writing, approved as to form by the City Attorney, and sent to the applicant by mail after the interpretation is made by the Zoning Administrator.

(D) Appeal. Any aggrieved party objecting to any other written interpretation from the Zoning Administrator may appeal the interpretation to the BZA in accordance with § 162.03-15, Appeals.

(E) Official record. The Zoning Administrator shall maintain a record of written interpretations that shall be available for public inspection, upon reasonable request, during normal business hours.

(Ord. 05-10, passed 3-23-10)

§ 162.03-15 Appeals.

(A) Right of appeal. Any aggrieved party affected by a decision or interpretation of the Zoning Administrator may appeal such decision or interpretation to the BZA.

(B) Appeal procedure.

(1) Initiation. An appeal taken in accordance with this section may be initiated by filing a written notice of appeal within ten business days of the date of the decision or interpretation from the Zoning Administrator.

(2) Contents of appeal. The written notice of appeal shall specify the grounds for the appeal, a statement of the improper decision or interpretation, the date of that decision or interpretation, and all support materials related to the decision.

(3) Record. Upon receipt of the written notice of appeal, the Zoning Administrator shall transmit all the papers, documents, and other materials relating to the decision or interpretation appealed to the BZA. These materials shall constitute the record of the appeal.

(4) Scheduling of notice and hearing. The BZA shall hear the appeal at its next regularly scheduled meeting, or as soon as is reasonably possible.

(5) Hearing and decision by BZA. At the hearing, the person making the appeal may appear in person or by agent or attorney, and shall state the grounds for the appeal and identify any materials or evidence from the record to support the appeal. The Zoning Administrator shall be given an opportunity to respond, as well as any other city staff or other person the BZA deems necessary. After the conclusion of the hearing, the BZA shall affirm, partly affirm, modify, or reverse the decision or interpretation, based on the record, and § 162.03-15(C), Appeal Standards.

(C) Appeal standards. An order, decision, determination, or interpretation shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the order, decision, determination, or interpretation fails to comply with either the procedural or substantive requirements of this ZDO, state law, or the federal or state constitutions.

(D) Effect of appeal. A pending appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the BZA after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the BZA or by a court of record on application, on notice to the Zoning Administrator and on due cause shown.

(E) Appeal. A person having a substantial interest affected by a decision of the BZA on appeal may appeal from the decision to the Circuit Court in and for Charleston County by filing with the Clerk of Court a petition setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal shall be filed and a copy served on the city within 30 days after the decision of the BZA is mailed. For the purposes of this subsection, person includes persons jointly or severally aggrieved by the decision of the BZA.

(Ord. 05-10, passed 3-23-10; Am. Ord. 01-15, passed 3-10-15)

§ 162.03-16 Beneficial Use Determination.

(A) General. If after the submission and decision on the appropriate applications for development approval or permits, a landowner in the city is of the opinion that an economically beneficial use of the landowner's land has been denied by the application of this ZDO, this procedure shall be used by the applicant prior to seeking relief from the courts in order that any denial of economically beneficial use of land may be remedied through a non-judicial forum.

(B) Purpose. The purpose and intent of the beneficial use determination is that every landowner in the city enjoy an economically beneficial use of land. It is also the purpose and intent of this section to provide for relief to the landowner, where appropriate, from the application of this ZDO. The procedure set forth in this section is intended to permit landowners who believe they have been deprived of economically beneficial use of their land to apply to the City Council for relief sufficient to provide an economically beneficial use of the land.

(1) Application for a beneficial use determination. An application for beneficial use determination may be filed by a landowner at any time with the Zoning Administrator, along with an application fee.

(2) Contents of application. The application shall be submitted in a form established by the Zoning Administrator and made available to the public, and shall include the following:

(a) The landowner's name and address;

(b) A legal description and the street address (when a street address is available) of the land;

(c) Documentation of the date of purchase and the purchase price of the land, and any offers to purchase the land made by any person, corporation, or association, within the last three years;

(d) A description of the physical features present on the land, the land's total acreage, the present use of the land, and the use of the land at the time of the adoption of this ZDO;

(e) Evidence of any investments made by the landowner to improve the land, the date the improvements were made, and the costs of the improvements;

(f) A description of what uses of land were available when the land was purchased by the landowner;

(g) A description of the regulations and uses permitted which are alleged to result in an elimination of economically beneficial use of the land;

(h) All appraisals, studies, and any other supporting evidence, and any actions taken by the city related to the land;

(i) A description of the use which the landowner believes represents the minimum legally required economically beneficial use of the land and all documentation, studies, and other supporting evidence thereof.

(3) Determination of completeness.

(a) The Zoning Administrator shall determine, within seven days, if the application is complete and includes data in sufficient detail to evaluate the application to determine if it complies with the appropriate substantive requirements of this section.

(b) If the Zoning Administrator determines the application is not complete, a written notice shall be mailed to the applicant specifying the application's deficiencies. No further action shall be taken on the application until the deficiencies are remedied. If the applicant fails to correct the deficiencies within 30 days, the application shall be considered withdrawn, and the application fee shall be refunded.

(c) When the application is determined complete, the Zoning Administrator shall notify the applicant, in writing, of the application's sufficiency, and forward the application to a Hearing Officer for the scheduling of a hearing.

(4) Establishment of date for hearing by hearing officer and notice. Within 60 days after the date the application has been determined complete by the Zoning Administrator, the City Council shall appoint a Hearing Officer to schedule and conduct a hearing on the application in accordance with the procedures and standards of this section.

(5) Hearing by Hearing Officer. At the hearing, the applicant or the applicant's representative shall present the applicant's case and the City Attorney shall represent the city. All evidence presented shall be under oath, and the parties involved shall be permitted to cross-examine witnesses. The sworn testimony and evidence shall pertain to whether the applicant has been deprived of an economically beneficial use of the land and the standards in § 162.03-16(E), Granting of Relief, pertaining to the degree of relief needed to provide the landowner with an economically beneficial use of the land.

(6) Findings of the Hearing Officer. Within 45 days of the close of the hearing, the Hearing Officer shall prepare recommended findings of fact and a proposed order for the consideration of the City Council. The findings and recommendations of the Hearing Officer as to whether the land is provided economically beneficial use shall be based on the evidence submitted and the standards in § 162.03-16(D), Beneficial Use Standards. If the Hearing Officer finds that the applicant has been denied economically beneficial use of the subject land, then the Hearing Officer shall recommend a use that permits an economically beneficial use and results in a minimum change from the regulations of these codes as they apply to the subject land, in accordance with the standards set forth in § 162.03-16(D), Beneficial Use Standards, and § 162.03-16(E), Granting of Relief, or other relief as is determined appropriate. The Hearing Officer's recommended findings of facts and proposed order shall be in writing and shall detail the basis of the conclusions from the record of the hearing.

(7) Action by City Council. The Zoning Administrator shall schedule a hearing before the City Council within 45 days of the date the Hearing Officer issues the recommended findings of fact and proposed order. At the hearing, the City Council shall approve the findings of fact and proposed order of the Hearing Officer, or may attach conditions, modify, or reverse the findings of fact or proposed order of the Hearing Officer, based on the standards of § 162.03-16(D), Beneficial Use Standards, and § 162.03-16(E), Granting of Relief. If the City Council attaches conditions, modifies or reverses the findings of fact or proposed order, it shall do so only where the record of the hearing indicates that the Hearing Officer is unsupported by the record, or that the proposed order is not in conformance with the standards of § 162.03-16(D), Beneficial Use Standards, and § 162.03-16(E), Granting of Relief.

(D) Beneficial use standards. In determining if a landowner has been deprived of an economically beneficial use of land, the Hearing Officer and City Council shall take into account the following factors:

(1) Economically viable use. In making the determination of whether the land is provided an economically beneficial use, the Hearing Officer/City Council shall first evaluate the uses of the land as provided by this ZDO, and the uses of land in relation to the uses provided similarly situated lands. For the purposes of this section, ECONOMICALLY BENEFICIAL USE means the opportunity to make a return equivalent to that which would have been received from a conservative financial investment. Transitory economic issues shall not be relevant to this determination.

(2) Diminution in value. The market value of the land, as established by the comparable sales approach, prior to adoption this ZDO, which caused the landowner to apply for relief shall be compared to the market value of the land, as established by the comparable sales approach, with the regulations of this ZDO as applied. Market value of the land prior to the adoption of this ZDO, or any amendment thereto, shall constitute its highest and best use on the date of purchase of the land, and a date prior to the application of these regulations, and any other land value/appraisal information that the applicant would like to be considered. All appraisals shall be proposed by qualified licensed appraisers, and shall follow the best professional practices as established by the profession. A mere diminution in market value is not sufficient to support a determination of denial of economically beneficial use.

(3) External costs. The amount or nature of any subsidy that may be required by the city, neighbors, purchasers, tenants, or the public-at-large if the uses allowed under these Codes are modified; or any other adverse effects on the city and its residents.

(4) Current state of the law. The state of the law established by the United States Supreme Court, the federal Circuit Courts of Appeals, and the South Carolina Supreme Court, and all other courts of competent jurisdiction, relevant to these standards.

(E) Granting of relief.

(1) Relief. If the finding is that a landowner has been deprived economically beneficial use of land, or is otherwise entitled to relief in accordance with the standards of this section, relief shall be granted.

(2) General. In granting relief, the Hearing Officer may recommend and the City Council may adopt any legally available incentive or measure reasonably necessary to offset any substantial economic hardship, and may condition such incentives or measures upon approval of specific development plans. If there is a finding that the denial of the application would create a substantial economic hardship, the Hearing Officer may recommend and the City Council may consider additional relief to provide an appropriate increase in market value or other benefit or return to the applicant sufficient to offset the substantial economic hardship. The types of incentives that the Hearing Officer may recommend and the City Council may consider include, but are not limited to, the following:

(a) An opportunity to transfer density or cluster development on other land;

(b) A waiver of permit fees;

(d) Approval of development on some portion of the land; or

(e) Acquisition of all or a portion of the land at market value.

(3) Minimum increase. In granting relief, the landowner shall be given the minimum increase in use density/intensity or other possible concessions from this ZDO in order to permit an economically beneficial use of the land or a use that is determined to be required by law. The highest use, or even an average or generally reasonable expectation, is not required or intended as the appropriate remedy. The following guidelines shall be used for determining the minimum economically beneficial use of land and, therefore, the amount of relief to be granted a landowner in order to reach that minimum.

(a) A minimum economically beneficial use of the land should be one that does not have any governmental subsidy attached to the long-term safe occupation of the land, if such a subsidy is needed, then that should be reflected by lowering the use intensity that is considered a minimum economically viable use on a market valuation basis.

(b) A use common to the city, although it may not involve further development of the land, is considered an economically viable use. Attention shall also be given to land uses that are considered to be the lowest intensity in the city but which uses still provide for occupation and living within the city. These land uses, as well, shall be considered economically viable uses.

(c) The actual condition of the land shall be considered. The reality of limited development potential, given the natural condition of the land, shall not be attributed to the regulations applied to the land. If the land is such that it cannot safely accommodate development with normal grading and clearing practices, this fact shall lower the intensity of use that is considered a minimum economically beneficial use.

(d) The potential for damages to either residents or land shall be assessed in determining economically viable use. The need for a governmental subsidy to future landowners shall be considered, and the cost of such subsidies shall be deducted from the otherwise established minimum economically beneficial use.

(e) Expectations shall, in general, not be considered. Only reasonable expectations backed by investments as required by the current state of the law, shall be considered.

(f) The current state of law established by the United States Supreme Court, the federal Circuit Court of Appeals, and the South Carolina Supreme Court, relevant to the granting of relief.

(F) Appeal. The decision of the City Council may be appealed to a court of law.