(A)

Summary of administration article.

(1)

Review bodies and town staff. The following bodies and town staff shall have the powers and responsibilities for administering the provisions of this ordinance, as well as other duties and responsibilities outlined by the Code of Ordinances for the Town of Fort Mill and the S.C. Code of Laws:

(a)

Town council.

(b)

Planning commission.

(c)

Board of zoning appeals (BOZA).

(d)

Historic review board (HRB).

(e)

Zoning administrator.

(f)

Town attorney.

(B)

Town council.

(1)

In order to exercise the authority granted to the town council by state law, the town council shall have the following powers and duties under this ordinance:

(a)

Appointment and removal of board and commission members. To appoint members to the planning commission, BOZA, and HRB; to remove any appointee for cause; and to fix the powers and duties of each board and commission as authorized by this ordinance and the S.C. Code of Laws.

(b)

Comprehensive plan adoption. Upon recommendation by the planning commission, to review and adopt an updated comprehensive plan not less than once every ten years, by ordinance, after conducting a public hearing; and to consider any updates or amendments to the comprehensive plan as recommended by the planning commission.

(c)

Text amendments. To initiate, review, and decide applications to amend the text of this ordinance.

(d)

Amendments to official zoning map (rezoning). To initiate, review, and decide applications to amend the official zoning map.

(e)

Planned development and mixed use district classifications. To review and decide applications for planned neighborhood development (PND), planned cluster development (PCD), and mixed use (MXU) master plans and amendments to the official zoning map.

(f)

Historic preservation district classification. To initiate, review, and decide recommendations from the HRB and planning commission on amendments to the historic preservation district boundaries on the official zoning map.

(g)

Designation of historic properties. To initiate, review, and decide recommendations from the HRB and planning commission on the designation of historic properties.

(h)

Design guidelines for historic properties and historic overlay districts. To approve design guidelines for historic properties and historic preservation districts recommended by the HRB and planning commission.

(i)

Development agreements. To review requests, and where appropriate, enter into development agreements.

(j)

Schedule of fees. To approve a schedule of fees governing applications for permits and other approvals authorized under this ordinance.

(k)

Other. To take any other action not delegated to the planning commission, board of zoning appeals (BOZA), historic review board (HRB), the town manager, zoning administrator, town attorney, or heads of other town departments as the town council may deem desirable and necessary to implement the provisions of this ordinance.

(C)

Planning commission.

(1)

Powers and duties. The Fort Mill Planning Commission is hereby established in accordance with the S.C. Code of Laws, and shall have the following powers and duties under this ordinance:

(a)

Comprehensive plan. To oversee the preparation and periodic updating of the town's comprehensive plan, and, by resolution, to recommend adoption of the plan or any element, amendment, extension or addition, including maps and other descriptive matter, to the town council. The local planning commission shall review the comprehensive plan or elements of it as often as necessary, but not less than once every five years, to determine whether changes in the amount, kind, or direction of development of the area or other reasons make it desirable to make additions or amendments to the plan. The comprehensive plan, including all elements of it, must be updated at least every ten years. The planning commission shall also be responsible for reviewing the location, character and extent of any new street, structure, utility, square, park, or other public way, grounds, or open space or public buildings for any use, whether publicly or privately owned, for compatibility of the proposal with the comprehensive plan.

(b)

Text amendments. To initiate, review, and make recommendations to the town council to approve or deny any requested amendments to the text of this ordinance.

(c)

Amendments to official zoning map (rezoning). To initiate, review, and make recommendations to the town council to approve or deny applications to amend the official zoning map.

(d)

Planned development and mixed use district classifications. To review applications for planned neighborhood development (PND), planned cluster development (PCD) and mixed use (MXU) master plans, and to make recommendations to the town council for approval or denial of such requests.

(e)

Historic preservation district classification. To review and make recommendations to the town council regarding the establishment, expansion, reduction or elimination of historic preservation district boundaries on the official zoning map, as recommended by the HRB.

(f)

Designation of historic properties. To review and make recommendations to the town council regarding the establishment and designation of historic properties, as recommended by the HRB.

(g)

Design guidelines for historic properties and historic overlay districts. To review and make recommendations to the town council regarding design guidelines for historic properties and historic preservation districts, as recommended by the HRB.

(h)

Development agreements. To review and make recommendations to the town council on requests to enter into development agreements.

(i)

Subdivisions. To review and decide applications for the subdivision and development of land, including, but not limited to, the review and approval of sketch plans, preliminary subdivision plats, final subdivision plats, and commercial site plans.

(j)

Commercial development site plan review. To review and decide applications for commercial development site plan approval, where allowed by this ordinance.

(k)

Commercial appearance review. To review and decide applications for compliance with the commercial appearance review standards outlined in article V of this ordinance.

(l)

Appeals. To hear and decide appeals on decisions of the zoning administrator, where allowed by this ordinance.

(m)

Street names. The planning commission may, after reasonable notice through a newspaper having general circulation in the town, change the name of a street or road within the boundary of its territorial jurisdiction:

1.

When there is duplication of names or other conditions which tend to confuse the traveling public or the delivery of mail, orders, or messages;

2.

When it is found that a change may simplify marking or giving of directions to persons seeking to locate addresses; or

3.

Upon any other good and just reason that may appear to the commission.

On the name being changed, after reasonable opportunity for a public hearing, the planning commission shall issue its certificate designating the change, which must be recorded in the office of the register of deeds or clerk of court, and the name changed and certified is the legal name of the street or road.

(n)

Other powers and duties. To carry out any other powers and duties delegated to it by town council, consistent with state law.

(2)

Membership.

(a)

Number. The planning commission shall consist of seven members.

(b)

Qualifications. The qualifications for appointment shall be as follows:

1.

Members shall be appointed based on their professional expertise, knowledge of the community, and concern for the future welfare of the town and its citizens.

2.

Members shall represent a broad cross section of interests and concerns.

3.

Each member shall be a resident of the town.

4.

Each member shall be at least 18 years of age.

5.

No member may hold any elected public office in the Town of Fort Mill or York County.

6.

No member may be an employee of the town.

(c)

Appointment. Each member shall be appointed by a majority vote of the town council.

(d)

Length of term. Members shall serve for a term of three years. Terms shall be staggered. Upon expiration of a member's term, the member shall continue to serve until reappointed or replaced by a qualified successor.

(e)

Term limits. No member shall serve more than three consecutive terms; provided, however, that upon completion of three consecutive terms, a member may be eligible for appointment to a new term after one year of non-service.

1.

Special provisions for members appointed to unexpired terms:

a.

Any member who is appointed to fill an unexpired term with less than one year remaining shall be eligible to serve the remainder of the unexpired term, plus three additional consecutive terms.

b.

Any member who is appointed to fill an unexpired term with more than one year remaining shall be eligible to serve the remainder of the unexpired term, plus two additional consecutive terms.

(f)

Resignation. Any member who resigns prior to the expiration of his or her term must do so in writing to the town clerk and the chair of the planning commission.

(g)

Removal. Any member may be removed for cause by a majority vote of the town council. Members shall be notified in writing by the town clerk prior to a vote on the question of removal, and the member shall be provided an opportunity to respond in public at the next town council meeting. For the purpose of this section, the following items shall constitute cause for removal:

1.

Failure to meet or maintain the qualifications for membership.

2.

Three or more unexcused absences over the course of one calendar year.

3.

Failure to comply with the rules of conduct for public officials as outlined in S.C. Code § 8-13-700 et seq.

4.

Failure to meet or maintain the educational requirements for local planning and zoning officials, as established by S.C. Code § 6-29-1340 et seq.

5.

Failure to carry out the duties of the position to which the member has been appointed.

6.

Malfeasance.

7.

Any other reason deemed appropriate by the town council, consistent with state law.

(h)

Filling of vacancies. A vacancy in membership for reasons other than term expiration shall be filled by the town council for the unexpired term in the same manner as the original appointment.

(i)

Compensation. Members of the planning commission shall serve without compensation.

(3)

Chair and vice-chair.

(a)

General. The planning commission shall elect a chair and vice-chair from among its appointed members.

(b)

Term of office. The chair and vice-chair and shall be elected annually during the first meeting of each calendar year. The chair and vice-chair shall serve for a term of one (1) year or until a new chair and vice-chair is elected by the membership.

(c)

Duties of the chair and vice-chair.

1.

The chair shall preside at all meetings of the planning commission, decide all points of order on procedure, administer oaths, compel the attendance of witnesses, and take such action as shall be necessary to preserve the order and integrity of all proceedings before the planning commission. The chair shall have the authority to call a special called meeting of the planning commission. From time to time, the chair may also be called upon by the town council to provide an update of the planning commission's activities.

2.

In the absence of the chair, the vice-chair shall act as chair and shall have all the same powers and responsibilities of the chair.

3.

In the absence of both the chair and vice-chair, the senior ranking member of the planning commission shall act as chair and shall have all the same powers and responsibilities of the chair.

(4)

Meetings.

(a)

Regular meetings. The planning commission shall hold at least one regular meeting each month. Regular meetings shall be held on a regularly scheduled date and time each month, unless rescheduled due to a town holiday, or when canceled by the chair due to a lack of agenda items for consideration. All meetings shall be held at Town Hall, unless otherwise advertised.

(b)

Special called meetings. When warranted, a special called meeting of the planning commission may be called by the chair, or by a majority of the membership.

(c)

Quorum. At least four members of the planning commission must be present to constitute a quorum. No official business of the planning commission may be conducted without a quorum present.

(d)

Rules of order. Except as otherwise required by state law or town ordinance, all proceedings of the planning commission shall be governed by Robert's Rules of Order. The commission may, by a majority vote of the entire membership, draft and approve such additional by-laws governing its procedure as it deems necessary or advisable, copies of which shall be made available for public inspection in the town clerk's office.

(e)

Voting. Official decisions or actions by the planning commission shall require a majority vote of those members present and voting. Proxy votes shall not be permitted.

(f)

Conflicts of interest. Any member of the planning commission who has a direct or indirect interest in any property which is the subject matter of, or affected by, a decision of the commission shall be disqualified from participating in the decision of the commission in connection therewith.

(g)

Open to the public. All meetings of the planning commission shall be open to the public. All or any part of a meeting of the planning commission may be recorded by any person in attendance by means of a tape recorder or any other means of sonic or video reproduction, except when a meeting is closed pursuant to S.C. Code § 30-4-70, provided that in so recording there is no active interference with the conduct of the meeting.

(5)

Public notice and public records.

(a)

Agenda. Public notice shall be given for each meeting pursuant to S.C. Code § 30-4-80. The zoning administrator shall prepare an agenda containing the date, time and location of each meeting, as well as a list of items for action and/or discussion. An electronic copy of the agenda shall be posted on the town website, and a paper copy shall be posted on the message board at Town Hall at least 24 hours prior to the meeting.

(b)

Minutes. The town clerk shall act as secretary to the planning commission. The town clerk shall prepare and keep written minutes of all planning commission meetings. Such minutes shall include, at a minimum:

1.

The date, time and place of the meeting.

2.

The members of the planning commission recorded as either present or absent.

3.

The substance of all matters proposed, discussed or decided, including any votes taken.

4.

Any other information that any member of the planning commission requests be included or reflected in the minutes.

The minutes and decisions of the planning commission shall be public records and shall be available within a reasonable time after the meeting, except where such disclosures would be inconsistent with S.C. Code § 30-4-70.

(c)

Records. Unless exempt by state law, all records of the planning commission are deemed public records and shall be made available for inspection upon request. Paper copies of any public record may be obtained for a nominal fee.

(6)

Assistance to the commission.

(a)

Staff. The zoning administrator shall serve as the professional staff to the planning commission and provide it with administrative support.

(b)

Public officials. All public officials shall, upon request, furnish to the planning commission, within a reasonable time, such available information as it may require for its work.

(7)

Right of entry. The planning commission and its members, officers and staff, in the performance of their functions, may enter upon any land and make examinations and surveys, and place and maintain necessary monuments and marks thereon.

(D)

Board of zoning appeals.

(1)

Powers and duties. The Fort Mill Board of Zoning Appeals (BOZA) is hereby established in accordance with the S.C. Code of Laws, and shall have the following powers and duties under this ordinance:

(a)

Appeals of administrative actions. To hear and decide appeals where it is alleged there is error in an order, requirement, interpretation, decision, or determination made by an administrative official in the enforcement of this ordinance.

(b)

Variances. To hear and decide appeals for variance from the requirements of this ordinance when strict application of the provisions of the ordinance would result in unnecessary hardship. Variances may only be granted pursuant to the requirements of S.C. Code § 6-29-800(2); provided, however:

1.

The board may not grant a variance, the effect of which would be to allow the establishment of a use not otherwise permitted in a zoning district, to extend physically a nonconforming use of land or to change the zoning district boundaries shown on the official zoning map.

2.

In granting a variance, the board may attach to it such conditions regarding the location, character, or other features of the proposed building, structure, or use as the board may consider advisable to protect established property values in the surrounding area or to promote the public health, safety, or general welfare;

(c)

Special exception permits. To review and decide applications for special exception permits, subject to the terms and conditions set forth for such uses in this ordinance.

(d)

Remand matters. To remand a matter to an administrative official, upon motion by a party or the board's own motion, if the board determines the record is insufficient for review.

(e)

Other powers and duties. To carry out any other powers and duties delegated to it by town council, consistent with state law.

(2)

Membership.

(a)

Number. The BOZA shall consist of seven members.

(b)

Qualifications. The qualifications for appointment shall be as follows:

1.

Members shall be appointed based on their professional expertise, knowledge of the community, and concern for the future welfare of the town and its citizens.

2.

Members shall represent a broad cross section of interests and concerns.

3.

Each member shall be a resident of the town.

4.

Each member shall be at least 18 years of age.

5.

No member may hold any public office or position in the Town of Fort Mill or York County.

(c)

Appointment. Each member shall be appointed by a majority vote of the town council.

(d)

Length of term. Members shall serve for a term of three years. Terms shall be staggered. Upon expiration of a member's term, the member shall continue to serve until reappointed or replaced by a qualified successor.

(e)

Term limits. No member shall serve more than three consecutive terms; provided, however, that upon completion of three consecutive terms, a member may be eligible for appointment to a new term after one year of non-service.

1.

Special provisions for members appointed to unexpired terms:

a.

Any member who is appointed to fill an unexpired term with less than one year remaining shall be eligible to serve the remainder of the unexpired term, plus three additional consecutive terms.

b.

Any member who is appointed to fill an unexpired term with more than one year remaining shall be eligible to serve the remainder of the unexpired term, plus two additional consecutive terms.

(f)

Resignation. Any member who resigns prior to the expiration of his or her term must do so in writing to the town clerk and the chair of the BOZA.

(g)

Removal. Any member may be removed for cause by a majority vote of the town council. Members shall be notified in writing by the town clerk prior to a vote on the question of removal, and the member shall be provided an opportunity to respond in public at the next town council meeting. For the purpose of this section, the following items shall constitute cause for removal:

1.

Failure to meet or maintain the qualifications for membership.

2.

Three or more unexcused absences over the course of one calendar year.

3.

Failure to comply with the rules of conduct for public officials as outlined in S.C. Code § 8-13-700 et seq.

4.

Failure to meet or maintain the educational requirements for local planning and zoning officials, as established by S.C. Code § 6-29-1340 et seq.

5.

Failure to carry out the duties of the position to which the member has been appointed.

6.

Malfeasance.

7.

Any other reason deemed appropriate by the town council, consistent with state law.

(h)

Filling of vacancies. A vacancy in membership for reasons other than term expiration shall be filled by the town council for the unexpired term in the same manner as the original appointment.

(i)

Compensation. Members of the BOZA shall serve without compensation.

(3)

Chair and vice-chair.

(a)

General. The BOZA shall elect a chair and vice-chair from among its appointed members.

(b)

Term of Office. The chair and vice-chair and shall be elected annually during the first meeting of each calendar year. The chair and vice-chair shall serve for a term of one year or until a new chair and vice-chair is elected by the membership.

(c)

Duties of the chair and vice-chair.

1.

The chair shall preside at all meetings of the BOZA, decide all points of order on procedure, administer oaths, compel the attendance of witnesses, certify to the circuit court of York County that a party or person is in contempt, and take such action as shall be necessary to preserve the order and integrity of all proceedings before the BOZA. The chair shall have the authority to call a special called meeting of the BOZA. From time to time, the chair may also be called upon by the town council to provide an update of the BOZA's activities.

2.

In the absence of the chair, the vice-chair shall act as chair and shall have all the same powers and responsibilities of the chair.

3.

In the absence of both the chair and vice-chair, the senior ranking member of the BOZA shall act as chair and shall have all the same powers and responsibilities of the chair.

(4)

Meetings.

(a)

Regular meetings. The BOZA shall hold at least one regular meeting each month. Regular meetings shall be held on a regularly scheduled date and time each month, unless rescheduled due to a town holiday, or when canceled by the chair due to a lack of agenda items for consideration. All meetings shall be held at Town Hall, unless otherwise advertised.

(b)

Special called meetings. When warranted, a special called meeting of the BOZA may be called by the chair.

(c)

Quorum. At least four members of the BOZA must be present to constitute a quorum. No official business of the BOZA may be conducted without a quorum present.

(d)

Rules of Order. Except as otherwise required by state law or town ordinance, all proceedings of the BOZA shall be governed by Robert's Rules of Order. The board may, by a majority vote of the entire membership, draft and approve such additional by-laws governing its procedure as it deems necessary or advisable, copies of which shall be made available for public inspection in the town clerk's office.

(e)

Voting. Official decisions or actions by the BOZA shall require a majority vote of those members present and voting. Proxy votes shall not be permitted.

(f)

Conflicts of interest. Any member of the BOZA who has a direct or indirect interest in any property which is the subject matter of, or affected by, a decision of the board shall be disqualified from participating in the decision of the board in connection therewith.

(g)

Open to the public. All meetings of the BOZA shall be open to the public. All or any part of a meeting of the BOZA may be recorded by any person in attendance by means of a tape recorder or any other means of sonic or video reproduction, except when a meeting is closed pursuant to S.C. Code § 30-4-70, provided that in so recording there is no active interference with the conduct of the meeting.

(5)

Public notice and public records.

(a)

Agenda. Public notice shall be given for each meeting pursuant to S.C. Code § 30-4-80 and § 6-29-790. The zoning administrator shall prepare an agenda containing the date, time and location of each meeting, as well as a list of items for action and/or discussion. An electronic copy of the agenda shall be posted on the town website, and a paper copy shall be posted on the message board at Town Hall at least 24 hours prior to the meeting.

(b)

Minutes. The town clerk shall prepare and keep written minutes of all BOZA meetings. Such minutes shall include, at a minimum:

1.

The date, time and place of the meeting.

2.

The members of the BOZA recorded as either present or absent.

3.

The vote of each member upon each question, or if failing to vote, indicating that fact.

4.

Records of examinations and other official actions.

5.

A transcript of evidence heard before the BOZA.

6.

Any other information that any member of the BOZA requests be included or reflected in the minutes.

The minutes and decisions of the BOZA shall be public records and shall be available within a reasonable time after the meeting, except where such disclosures would be inconsistent with S.C. Code § 30-4-70.

(c)

Records. Unless exempt by state law, all records of the BOZA are deemed public records and shall be made available for inspection upon request. Paper copies of any public record may be obtained for a nominal fee.

(6)

Assistance to the board.

(a)

Staff. The zoning administrator shall serve as the professional staff to the BOZA and provide it with administrative support.

(b)

Public officials. All public officials shall, upon request, furnish to the BOZA, within a reasonable time, such available information as it may require for its work.

(E)

Historic review board.

(1)

Powers and duties. The Fort Mill Historic Review Board (HRB) is hereby established in accordance with the S.C. Code of Laws, and shall have the following powers and duties under this ordinance:

(a)

Certificates of appropriateness. To review and decide applications for certificates of appropriateness for historic properties and lands within historic preservation district.

(b)

Certificate of hardship. To review and decide applications for certificates of hardship.

(c)

Historic preservation district classification. To review and make recommendations to the planning commission and town council regarding the establishment, expansion, reduction or elimination of historic preservation district boundaries on the official zoning map.

(d)

Designation of historic properties. To review and make recommendations to the planning commission and town council regarding the establishment and designation of historic properties.

(e)

Design guidelines for historic properties and historic preservation districts. To establish and amend design guidelines for historic properties and the historic preservation district, subject to review by the planning commission and approval by the town council.

(f)

Inventory of town's historic resources. To maintain an inventory of buildings, structures, objects, sites and districts that comprise the historic resources of the town.

(g)

National Register nomination. To conduct the first review and evaluation of all proposed National Register nominations within the town in accordance with procedures established by the South Carolina Department of Archives and History, and nominate buildings, structures, sites, objects, or districts to the National Register of Historic Places in accordance with the standards set forth by the United States Department of the Interior and the South Carolina Department of Archives and History.

(h)

Advice and assistance to land owners. To provide advice and assistance to land owners and their agents concerning:

1.

The physical and financial aspects of preservation, renovation, rehabilitation and re-use of historic properties or buildings and structures located in the historic preservation district.

2.

The procedures for inclusion of lands on the National Register of Historic Places.

3.

The treatment of the historic and visual characteristics of lands listed on the National Register of Historic Places.

4.

The treatment of the historical and visual characteristics of lands designated as historic properties or located within historic preservation district.

(i)

Advise town council. To provide advice to the town council concerning:

1.

The funding necessary to administer the historic properties and historic preservation district regulations.

2.

The retention of experts to assist in the administration and implementation of the historic properties and historic preservation district regulations.

3.

Amendments to the historic properties and historic preservation district regulations, and additional ordinances and regulations needed to preserve and protect the town's historic resources.

(j)

Propose to town council specific relief from unsafe building abatement code. To propose to the town council the adoption of ordinances and regulations that grant relief to historic properties and lands in the historic preservation district from the unsafe building abatement code.

(k)

Offer expertise. To offer and provide expertise to any person or entity on any matter affecting historically or architecturally significant properties in the town.

(l)

Confer recognition. To confer recognition on persons who further the goals of the historic properties and historic preservation district regulations.

(m)

Education. To engage in educational activities and publish information to further the understanding of historic preservation issues in the town.

(n)

Historic tax incentives. To serve as the reviewing authority for qualifying rehabilitation work under the town's special tax assessment for rehabilitated historic properties.

(2)

Membership.

(a)

Number. The HRB shall consist of seven members.

(b)

Qualifications. The qualifications for appointment shall be as follows:

1.

Members shall have a demonstrated interest, competence, or knowledge in historic preservation. To the extent that such professionals are available in the community, board members shall include one or more professionals in preservation related disciplines such as architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curation, conservation, and landscape architecture. Preference may also be given to individuals trained in real estate, engineering and law.

2.

Town residency shall be preferred, though not required.

3.

Each member shall be at least 18 years of age.

4.

No member may hold any public office or position in the Town of Fort Mill or York County.

(c)

Appointment. Each member shall be appointed by a majority vote of the town council.

(d)

Length of term. Members shall serve for a term of three years. Terms shall be staggered. Upon expiration of a member's term, the member shall continue to serve until reappointed or replaced by a qualified successor.

(e)

Term limits. No member shall serve more than three consecutive terms; provided, however, that upon completion of three consecutive terms, a member may be eligible for appointment to a new term after one year of non-service.

1.

Special provisions for members appointed to unexpired terms:

a.

Any member who is appointed to fill an unexpired term with less than one year remaining shall be eligible to serve the remainder of the unexpired term, plus three additional consecutive terms.

b.

Any member who is appointed to fill an unexpired term with more than one year remaining shall be eligible to serve the remainder of the unexpired term, plus two additional consecutive terms.

(f)

Resignation. Any member who resigns prior to the expiration of his or her term must do so in writing to the town clerk and the chair of the HRB.

(g)

Removal. Any member may be removed for cause by a majority vote of the town council. Members shall be notified in writing by the town clerk prior to a vote on the question of removal, and the member shall be provided an opportunity to respond in public at the next town council meeting. For the purpose of this section, the following items shall constitute cause for removal:

1.

Failure to meet or maintain the qualifications for membership.

2.

Three or more unexcused absences over the course of one calendar year.

3.

Failure to comply with the rules of conduct for public officials as outlined in S.C. Code § 8-13-700 et seq.

4.

Failure to meet or maintain the educational requirements for local planning and zoning officials, as established by S.C. Code § 6-29-1340 et seq.

5.

Failure to carry out the duties of the position to which the member has been appointed.

6.

Malfeasance.

7.

Any other reason deemed appropriate by the town council, consistent with state law.

(h)

Filling of vacancies. A vacancy in membership for reasons other than term expiration shall be filled by the town council for the unexpired term in the same manner as the original appointment.

(i)

Compensation. Members of the HRB shall serve without compensation.

(3)

Chair and Vice-Chair.

(a)

General. The HRB shall elect a Chair and Vice-Chair from among its appointed members.

(b)

Term of office. The chair and vice-chair and shall be elected annually during the first meeting of each calendar year. The chair and vice-chair shall serve for a term of one year or until a new chair and vice-chair is elected by the membership.

(c)

Duties of the chair and vice-chair.

1.

The chair shall preside at all meetings of the HRB, decide all points of order on procedure, administer oaths, compel the attendance of witnesses, and take such action as shall be necessary to preserve the order and integrity of all proceedings before the HRB. The chair shall have the authority to call a special called meeting of the HRB. From time to time, the chair may also be called upon by the town council to provide an update of the HRB's activities.

2.

In the absence of the chair, the vice-chair shall act as chair and shall have all the same powers and responsibilities of the chair.

3.

In the absence of both the chair and vice-chair, the senior ranking member of the HRB shall act as chair and shall have all the same powers and responsibilities of the chair.

(4)

Meetings.

(a)

Regular meetings. The HRB shall hold at least one regular meeting each month. Regular meetings shall be held on a regularly scheduled date and time each month, unless rescheduled due to a town holiday, or when canceled by the chair due to a lack of agenda items for consideration. All meetings shall be held at Town Hall, unless otherwise advertised.

(b)

Special called meetings. When warranted, a special called meeting of the HRB may be called by the chair.

(c)

Quorum. At least four members of the HRB must be present to constitute a quorum. No official business of the HRB may be conducted without a quorum present.

(d)

Rules of Order. Except as otherwise required by state law or town ordinance, all proceedings of the HRB shall be governed by Robert's Rules of Order. The board may, by a majority vote of the entire membership, draft and approve such additional by-laws governing its procedure as it deems necessary or advisable, copies of which shall be made available for public inspection in the town clerk's office.

(e)

Voting. Official decisions or actions by the HRB shall require a majority vote of those members present and voting. Proxy votes shall not be permitted.

(f)

Conflicts of interest: Any member of the HRB who has a direct or indirect interest in any property which is the subject matter of, or affected by, a decision of the board shall be disqualified from participating in the decision of the board in connection therewith.

(g)

Open to the public. All meetings of the HRB shall be open to the public. All or any part of a meeting of the HRB may be recorded by any person in attendance by means of a tape recorder or any other means of sonic or video reproduction, except when a meeting is closed pursuant to S.C. Code § 30-4-70, provided that in so recording there is no active interference with the conduct of the meeting.

(5)

Public notice and public records.

(a)

Agenda. Public notice shall be given for each meeting pursuant to S.C. Code § 30-4-80 and § 6-29-890. The zoning administrator shall prepare an agenda containing the date, time and location of each meeting, as well as a list of items for action and/or discussion. An electronic copy of the agenda shall be posted on the town website, and a paper copy shall be posted on the message board at Town Hall at least 24 hours prior to the meeting.

(b)

Minutes. The town clerk shall prepare and keep written minutes of all HRB meetings. Such minutes shall include, at a minimum:

1.

The date, time and place of the meeting.

2.

The members of the HRB recorded as either present or absent.

3.

The vote of each member upon each question, or if failing to vote, indicating that fact.

4.

Records of examinations and other official actions.

5.

A transcript of evidence heard before the HRB.

6.

Any other information that any member of the HRB requests be included or reflected in the minutes.

The minutes and decisions of the HRB shall be public records and shall be available within a reasonable time after the meeting, except where such disclosures would be inconsistent with S.C. Code § 30-4-70.

(c)

Records. Unless exempt by state law, all records of the HRB are deemed public records and shall be made available for inspection upon request. Paper copies of any public record may be obtained for a nominal fee.

(6)

Assistance to the board.

(a)

Staff. The zoning administrator shall serve as the professional staff to the HRB and provide it with administrative support.

(b)

Public officials. All public officials shall, upon request, furnish to the HRB, within a reasonable time, such available information as it may require for its work.

(F)

Zoning administrator.

(a)

General. The zoning administrator is designated by the town manager as the individual responsible for administering and enforcing the provisions of this ordinance.

(b)

Powers and duties. In addition to the authority and duties that may be conferred on the zoning administrator by general law and the Code of Ordinances for the Town of Fort Mill, the zoning administrator shall have the following powers and duties under this ordinance:

1.

To review and decide applications for residential and commercial zoning compliance permits.

2.

To review and decide applications for conditional use permits.

3.

To review and decide applications for subdivisions and site specific development plans, including changes to approved plans, where allowed by this ordinance, or by development conditions approved by the town council.

4.

To review and decide applications for temporary use permits.

5.

To review and decide applications for sign permits.

6.

To render interpretations of this ordinance.

7.

To establish application content requirements and a submission schedule for review of applications and appeals.

8.

To compile and maintain administrative manuals and procedures.

9.

To review and make recommendations through staff reports to the town council, planning commission, BOZA, and HRB on applications for permits and other approvals, where appropriate, and take any other action necessary to administer the provisions of this ordinance.

10.

To maintain the official zoning district map and other such records and official materials that relate to the adoption, amendment, enforcement, or administration of this ordinance.

11.

To enforce this ordinance in accordance with article VI, administration, enforcement, penalties, and fees.

12.

To provide expertise and technical assistance to the town council, planning commission, BOZA, HRB, and other town departments, upon request.

(c)

Training requirements. The zoning administrator shall meet or exceed the minimum educational requirements for local planning and zoning officials, as established by S.C. Code § 6-29-1340 et seq.

(G)

Town attorney. In addition to the authority and duties that may be conferred upon the town attorney by general law and the Code of Ordinances, the town attorney shall counsel the town council, planning commission, BOZA, HRB, zoning administrator, and town 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 ordinance.

(Ord. No. 2013-23, § I, 8-12-13)

The building official shall issue building permits in accordance with the requirements of the Building Code of the Town of Fort Mill and this ordinance.

1)

Conformance of proposal to zoning ordinance, etc: Prior to the issuance of the building permit the building official shall ensure that the proposed work conforms to this ordinance, the building code, and other applicable regulations.

2)

Information required: The building official may require such information from the applicant as is necessary to determine the conformity of the proposal with this ordinance. In addition to the information specifically required in the building code, plans accompanying applications shall include the number of dwelling units each building is designed to accommodate, if any; the setback lines of buildings on the lot and on adjoining lots; the number, layout, and dimensions of proposed parking spaces, if any; and the locations and dimensions of points of ingress and egress from abutting public streets or alleys.

The building official shall issue certificates of occupancy in accordance with the requirements of the Building Code of the Town of Fort Mill and upon a determination that the building, sign or other structure as constructed or the change in occupancy, as proposed, conforms to this ordinance and to the building code and other applicable regulations.

1)

General provisions: Conditional uses, as listed in the various subsections of article II of this ordinance, are declared to possess characteristics which require certain controls in order to ensure compatibility with other uses in the district within which they are proposed for location.

2)

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

3)

Administration procedures with regard to conditional uses: Applications for permission to build, erect, or locate a conditional use shall be submitted and processed in accordance with the regulations set forth in the section with regard to the building permits; and certificate issued for such uses shall bear a stamp bearing "conditional use."

4)

Duration: Permits authorizing conditional uses shall be valid only for that particular use and shall expire if the conditional use, or operations pertaining thereto, shall cease for more than six months for any reason.

1)

Purpose.

A)

This section allows for the establishment of certain temporary uses of limited duration and special events provided that such uses do not negatively affect adjacent properties, and provided that such uses are discontinued upon the expiration of a specified period of time as authorized by this section. With the exception of model homes used as real estate sales offices, temporary uses and special events shall not involve the construction or alteration of any permanent building or structure.

2)

The zoning administrator is authorized to issue a temporary use permit for the following purposes:

A)

A festival, carnival or circus, in the HC and GI districts, for a period not to exceed 21 days, subject to the approval of the Fort Mill Town Council.

B)

Religious meeting in a tent or other temporary structure, in the HC and GI districts, for a period not to exceed 60 days.

C)

Open lot sale of Christmas trees, pumpkins, or other seasonal items, in the LC, HC, and GI districts, for a period not to exceed 45 days.

D)

Real estate sales office, in any district, provided, that no cooking or sleeping accommodations shall be maintained in the structure. Notwithstanding the previous sentence, cooking and sleeping accommodations may be present in any model home that is proposed for temporary use as a sales office; however, no overnight accommodations shall be permitted while the structure is used for such purpose. Real estate sales offices shall be removed no later than 30 days after issuance of the final certificate of occupancy within the development. If the site is otherwise undeveloped, the site shall be restored to its pervious condition. If a permanent residential structure is used as a temporary sales office, the permanent structure shall be converted from a sales office to an approved residential use within the same 30-day time period.

E)

Trailer sales office may be used in LC, HC, and GI districts for a period not to exceed six months; provided, that no cooking or sleeping accommodations shall be maintained in the structure.

F)

Contractor's office and equipment sheds, in any district, for a period not to exceed 24 months; provided, that such office shall be placed on the property to which it is appurtenant. A contractor's office and equipment shed may be placed on the property no earlier than 30 days prior to the commencement of construction activities, and shall be removed no later than 30 days after construction activities have concluded.

G)

A farmers market in the LC or HC districts. The zoning administrator shall be authorized to issue a farmers market permit to responsible businesses and organizations that meet the requirements of this section. A farmers market permit shall expire on December 31 of each year and may be renewed annually. A permitted farmers market may take place not more than once per week. A farmers market may include vendors selling produce and agricultural products, meat, dairy products, baked goods, plants, flowers, and other similar items deemed appropriate by the zoning administrator. Up to 20 percent of the available vendor spaces may be used for the sale of handmade arts and craft items, provided, such items may only be sold by the individuals who have created or manufactured the items. Reselling or consignment of arts and crafts items shall not be permitted.

3)

General standards for temporary uses. All temporary uses, structures, or special events shall meet the following general standards, unless otherwise specified in this Ordinance:

A)

General. The temporary use shall not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.

B)

Compliance with Town Code of Ordinances. All temporary uses shall be subject to all other requirements in the Code of Ordinances and Zoning Ordinance for the Town of Fort Mill, including provisions related to business licenses, vendor permits, or other town authorization.

C)

No adverse effects. The temporary use or event shall not have substantial adverse effects or noise impacts on nearby residential neighborhoods, unless the temporary use or event is exempt from such regulations pursuant to section 24-34 of the Code of Ordinances.

D)

Permanent alterations prohibited. The temporary use or event shall not cause any permanent alterations to the site. This provision shall not apply to any temporary sales office located within a model home that is intended to be converted to residential use upon expiration of the temporary use.

E)

Temporary signs. Temporary sign permits may be issued for temporary uses and events pursuant to article III, section 6(7) of the Zoning Ordinance. Notwithstanding the provisions of article III, section 6(7), the zoning administrator shall be authorized to waive the 60 consecutive day time limit for temporary signs for uses and events that are permitted to take place on a weekly or monthly basis (such as farmers markets); provided any such signs shall be erected and removed on the same day that the use or event takes place.

F)

Conditions of approval. The temporary use or event shall not violate any applicable conditions of approval that apply to the principal use on the site, if any.

G)

Undeveloped property. If the property is undeveloped, it shall contain sufficient land area to allow the temporary use or event to occur, as well as adequate land to accommodate any parking and traffic movement associated with the temporary use without disturbing environmentally-sensitive lands.

H)

Location. Tents and other temporary structures must be located so as to not interfere with the normal operations of any permanent use located on the property. The temporary use or event shall not encroach into setback areas, landscaped areas, buffers or designated open space. The temporary use or event shall have shall not negatively impact traffic movements, pedestrian circulation, sensitive or protected resources, or the availability of sufficient parking.

I)

Off-street parking. Adequate off-street parking shall be provided to accommodate the proposed temporary use or event.

J)

Inspections. All inspections and permits required by applicable building codes shall be approved by the appropriate person and/or agencies. Additional inspections and/or approvals by state and local agencies may also be required.

K)

Restroom facilities. Where a temporary use or event is expected to draw more than 250 attendees per day, the applicant shall provide temporary restroom facilities.

L)

Security. Where warranted, the applicant shall provide adequate security to protect the general health and welfare of individuals and property at the location where the temporary use or event is proposed to take place, as well as neighboring properties and public rights-of-way.

4)

Mobile food vendors.

A.

Purpose. The town council hereby finds that the unrestricted sale or distribution of food and beverage from mobile food vendors, when not regulated, may pose a danger to health, safety, and general welfare. The purpose of this section is to regulate mobile food vendors in a manner that protects the public health, safety, and general welfare, while also accommodating entrepreneurial activity, as well as an active and social pedestrian environment within appropriate areas of the Town of Fort Mill.

B.

Application requirements. It shall be unlawful for any person to engage in business as a mobile food vendor within the Town of Fort Mill without first obtaining approval by the town. The planning director is authorized and shall establish an application form and submittal requirements for mobile food vendors. Each mobile food vendor shall submit an application for each location where the vendor intends to operate.

C.

Operational requirements. Mobile food vendors may be permitted in any commercial, mixed-use, or industrial zoning district provided the following requirements are met for each location:

1.

The approved mobile food vendor permit and DHEC inspection report shall be prominently displayed to the public in the food handling area of the vehicle during operation;

2.

Permits shall be issued and remain valid until the end of the calendar year in which the approval was granted. Permits shall then be renewed on an annual basis in accordance with the renewal schedule for business licenses for the town;

3.

Written consent to operate on the property must be obtained from the private property owner(s) of the specific location and submitted with the permit application. As applicable, approval must also be obtained from any Home Owner's Association, Property Owner's Association, or similar entity with authority over the property;

4.

Approved hours of operation shall be between 8:00 a.m. and 9:00 p.m.; provided, on Friday and Saturday the hours may be extended to midnight;

5.

No alcoholic beverages shall be sold;

6.

Selling of non-food items from a mobile food vendor shall be prohibited with the exception of merchandise displaying the mobile food vendor logo and/or branding;

7.

Operations shall only occur on the property for which a permit was issued and shall not reduce the required parking area below the minimum requirement for any other use on the lot;

8.

No mobile food vendor shall operate within 200 feet from a customer entrance of a restaurant lawfully existing at the time the permit or renewal permit is issued. Provided, this distance requirement may be reduced to 100 feet if the applicant submits documentation signed by the restaurant owner certifying that the owner has no objection to the closer proximity;

9.

Operations shall not obstruct the visibility of motorists, interfere with parking lot circulation, block access to a public street, alley or sidewalk, or result in customer queuing that obstructs building entries or public walkways;

10.

Structures, canopies, seating, outdoor tables, grills and similar accessory facilities are prohibited;

11.

Only signs permanently affixed to or painted on the vehicle shall be permitted;

12.

Signs shall not project from the vehicle and shall not be illuminated;

13.

Mobile food vendors shall not produce any offensive or loud noise to attract customers or advertise products;

14.

Operators shall provide trash receptacles and be responsible for the storage and daily disposal of all trash, refuse, and litter;

15.

Operators shall not cause any liquid wastes used in the operation to be discharged from the vehicle, with the exception of clean ice melt;

16.

Operations, including the truck and customer queuing, shall be located at least 100 feet from any residential use in a residential zoning district;

17.

Operations are prohibited on undeveloped property, lots with unoccupied structures, on unpaved surfaces, or within any right-of-way except as may be permitted for a special event;

18.

No overnight stays shall be permitted: the unit cannot be left on site overnight.

D.

Public property and special events. Mobile food vendors requesting approval to operate on public property or as a part of a special event may be subject to additional applications, submittal requirements, and may be subject to additional and/or more restrictive requirements than those listed previously.

(Ord. No. 2013-12, § I, 5-13-13; Ord. No. 2019-02, § I, 1-28-19)

The building official shall issue sign permits in accordance with the provisions of the building code.

1)

Maintenance: Signs shall be maintained in accordance with the appropriate provisions set forth in the building code.

2)

Unlawful signs: Unlawful signs shall be made to comply with all regulations or shall be removed in accordance with the appropriate provisions set forth in the building code.

Any person violating any provision of this ordinance shall be assessed a fine in the amount of $100.00 for each day the violation continues after notification by the building official.

In case any building is erected, constructed, reconstructed, altered, converted, or maintained or any building, structure, or land is or is proposed to be used in violation of the Ordinance, the building official, or other appropriate authority of the Town of Fort Mill, or any neighboring property owner who would be specially damaged by such violation may, in addition to other remedies, institute injunction, mandamus, or other appropriate action of proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation, structure or land.

Any subdivision of property conducted for the purpose of fraudulently circumventing this ordinance shall be considered void and the provisions of this ordinance shall apply.

(A)

Purpose. It is the policy of the Town of Fort Mill, pursuant to the Federal Fair Housing Act (FHA) and Title II of the Americans with Disabilities Act (ADA), to make reasonable accommodations in zoning and land use policies, practices and procedures, when such accommodations may be necessary to afford disabled persons with an equal opportunity to use and enjoy a residential dwelling, and to prevent discrimination on the basis of disability. The purpose of this section is to establish a process for making and deciding requests for such accommodations.

(B)

Applicability. Any applicant seeking approval to construct, modify and/or use a residential dwelling for one or more disabled persons may submit a reasonable accommodation request to obtain relief from zoning and land use policies, practices and procedures which cause a barrier to the disabled person's equal opportunity to use and enjoy a residential dwelling.

(C)

Definitions. For the purpose of this section, the following definitions shall apply:

(1)

Disabled person. Any individual with a physical or mental impairment that substantially limits one or more major life activities; individuals who are regarded as having such an impairment; and individuals with a record of such an impairment.

(2)

Major life activities. Activities which are of central importance to daily life, including, but not limited to: seeing, hearing, walking, breathing, performing manual tasks, caring for one's self, learning, and speaking.

(3)

Physical or mental impairment. Includes, but is not limited to, such diseases and conditions as: orthopedic, visual, speech and hearing impairments; cerebral palsy; autism; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; diabetes; Human Immunodeficiency Virus infection; mental retardation; emotional illness; drug addiction (other than addiction caused by current, illegal use of a controlled substance); and alcoholism.

(4)

Residential dwelling. A building or portion of a building designed for residential use and occupancy, and having permanent provisions for living, sleeping, eating, cooking, and sanitation. For the purpose of this section, a residential dwelling shall include such accessory uses and other site improvements which are customarily associated with a principal residential structure, and which are located on the same lot as the principal residential structure.

(5)

Review panel. A three-member panel made up of the planning director and two additional members of the planning department staff appointed by the planning director. In the absence of the planning director, all members of the review panel shall be appointed by the town manager. All members of the Review Panel shall meet or exceed the minimum educational requirements for planning and zoning officials pursuant to Section 6-29-1340 of the S.C. Code of Laws, or be exempt from such requirements pursuant to Section 6-29-1350 of the S.C. Code of Laws. The purpose of the review panel is to review and decide requests for reasonable accommodation. The review panel shall meet on an as-needed basis, and a minimum of two members shall constitute a quorum. All decisions rendered by the review panel shall require a simple majority.

(D)

Public notice required. Any department of the town which receives or processes applications for permits, licenses or other authorizations necessary to construct, modify and/or use a residential dwelling shall prominently display a public notice advising applicants that they may submit a reasonable accommodation request to obtain relief from existing zoning and land use policies, practices and procedures which cause a barrier to a disabled person's equal opportunity to use and enjoy a residential dwelling.

(E)

Submitting a reasonable accommodation request.

(1)

Application required. Any applicant who wishes to obtain relief from existing zoning and land use policies, practices and procedures shall submit a written application for reasonable accommodation. Application forms shall be made available at all departments of the town which receive or process applications for permits, licenses or other authorizations necessary to construct, modify and/or use a residential dwelling.

(2)

Submittal requirements. Applications for reasonable accommodation shall be made in writing to the planning director or his designee. Applications shall include the following information:

(a)

The applicant's name, address and telephone number;

(b)

A signed statement from the property owner consenting to the request (if the property is owned by an individual or entity other than the applicant);

(c)

The address of the property for which the request is being made;

(d)

The specific zoning or land use policy, practice and/or procedure from which the accommodation is being requested;

(e)

The basis for the claim that one or more individuals are considered disabled under state or federal law, and why the accommodation is necessary to provide equal opportunity for such individual(s) to use and enjoy the residential dwelling;

(f)

Documentation that the applicant is:

i.

An individual with a disability;

ii.

Applying on behalf of one or more individuals with a disability; or

iii.

A developer or provider of housing for one or more individuals with a disability;

(g)

The specific exception or modification to an existing zoning or land use policy, practice and/or procedure which is being requested by the applicant;

(h)

Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residential dwelling; and

(i)

Any other information that the review panel reasonably determines is necessary for evaluating the request for reasonable accommodation, so long as any request for information regarding the disability status of any individual(s) complies with federal fair housing law and the privacy rights of the individual(s) affected.

(3)

Fees. Requests for reasonable accommodation shall not be subject to an application and/or review fee. If the project for which the reasonable accommodation request is being made requires other permits or approvals, the fees for such applications shall apply, as established by town ordinance.

(4)

Timeframe for application. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure a disabled person's equal opportunity to use and enjoy a residential dwelling; either at the outset, or during the approval process.

(5)

Assistance to be provided. If an individual needs assistance in completing or submitting an application for reasonable accommodation, the planning director or his designee shall provide the assistance necessary to ensure that the process is accessible to the applicant.

(F)

Review of requests for reasonable accommodation.

(1)

Applications for reasonable accommodation shall be reviewed by the review panel.

(2)

The review panel shall issue a written decision within 30 calendar days following receipt of the application for reasonable accommodation.

(3)

If necessary to reach a decision on the request for reasonable accommodation, the review panel may request further information from the applicant, specifying in detail what additional information is required. In the event that the review panel requests further information, the running of the 30-day review period shall be tolled (stopped) until the applicant responds to the request.

(4)

The review panel may solicit feedback from the town attorney and representatives from other town departments, including, but not limited to: the building official, fire marshal, engineering director, stormwater manager, and public works director.

(5)

In reviewing the application for reasonable accommodation, the review panel may, in accordance with the review criteria established in subsection G.:

(a)

Approve the reasonable accommodation request as submitted;

(b)

Approve the reasonable accommodation request, with conditions and/or modifications; or

(c)

Deny the reasonable accommodation request.

(6)

If the review panel fails to render a written decision on the request for reasonable accommodation within the allotted time period, the request shall be deemed approved as submitted.

(G)

Factors for considering requests for reasonable accommodation.

(1)

The review panel shall consider the following criteria when deciding whether a requested accommodation is reasonable:

(a)

The accommodation is requested by, or on the behalf of, one or more individuals with a disability.

(b)

The requested accommodation is reasonably necessary to provide one or more disabled persons with an equal opportunity to use and enjoy a residential dwelling.

(c)

The requested accommodation will not impose an undue financial or administrative burden on the town, as defined in state and federal fair housing laws and interpretive case law.

(d)

The requested accommodation would not require a fundamental alteration in the nature of the town's zoning and/or land use programs. The review panel may consider the following factors when determining whether the requested accommodation would require a fundamental alteration in the nature of the town's zoning and/or land use programs:

(i)

Whether the requested accommodation would fundamentally alter the character of the neighborhood.

(ii)

Whether the requested accommodation would result in a direct threat to the health or safety of other individuals or the public, or would cause substantial physical damage to the property of others.

(iii)

Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking.

(iv)

Whether the requested accommodation would substantially undermine any express purpose of the town's comprehensive plan or an applicable specific plan, including, but not limited to, a neighborhood plan or small area plan.

(v)

Any other factors that would cause a fundamental alteration in the town's zoning and/or land use program, as may be defined in state and federal housing laws and interpretive case law.

(2)

Each request for reasonable accommodation is anticipated to be unique, and will be evaluated based on the relevant factors applicable to the request. Any decision made by the review panel regarding an unrelated individual, situation or location will not be considered as precedent for future decisions.

(H)

Written decision on the request for reasonable accommodation.

(1)

The review panel's written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the review panel's findings on each of the criteria set forth in subsection G. above.

(2)

All written decisions shall give notice of the applicant's right to appeal, as set forth in subsection (I).

(3)

The review panel's notice of decision shall be sent to the applicant via certified mail.

(I)

Appeals.

(1)

Within 30 days following receipt of the review panel's written decision, the applicant may appeal an adverse decision by filing a written appeal to the board of zoning appeals.

(2)

All appeals shall contain a statement from the applicant regarding the grounds for the appeal.

(3)

An appeal of the review panel's written decision shall not be subject to any application and/or review fees. If the project for which the reasonable accommodation request is being made requires other variances, appeals or approvals from the board of zoning appeals, the fees for such applications shall apply, as established by town ordinance.

(4)

Unless expressly provided by this section, all appeals shall be processed in accordance with article VII of the zoning ordinance.

(5)

In reviewing an appeal of the review panel's written decision, the board of zoning appeals shall hear and decide where it is alleged that there is an error in an order, requirement, decision, or determination made by the review panel in the enforcement of this section. To protect the privacy rights of disabled persons, the board of zoning appeals shall be authorized to enter into executive session for the purpose of receiving testimony and/or reviewing information related to an individual's disability status.

(6)

An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted. If an applicant needs assistance in filing an appeal, the planning director or his designee shall provide the assistance to ensure that the appeal process is accessible to the applicant.

(7)

Nothing in this section shall preclude an aggrieved individual from seeking any other remedy authorized by state or federal law.

(J)

Information exempt from public disclosure. To protect the privacy rights of disabled persons, any information pertaining to the disability status of any person for which a reasonable accommodation request has been submitted and/or appealed shall not be subject to public disclosure, unless the town is legally required to provide such disclosure by a court of competent jurisdiction.

(K)

Exceptions.

(1)

Community residential care facilities.

(a)

Notwithstanding the requirements of this section, any request to locate a community residential care facility within the town shall be reviewed pursuant to Section 6-29-770(E) et seq. of the SC Code of Laws. For the purpose of this paragraph, a "community residential care facility" is defined as a home serving nine or fewer mentally or physically handicapped persons, provided the home provides care on a 24-hour basis, and is approved or licensed by a state agency or department, or is under contract with an agency or department for that purpose.

(Ord. No. 2017-16, § I, 4-24-17)