This ordinance, including the Official Zoning Map of the Town of Fort Mill, may be amended from time to time by the Fort Mill Town Council as herein specified; however, no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review and recommendation. The planning commission shall have 30 days within which to submit its report to the town council. If the planning commission fails to submit a report within the 30-day period, it shall be deemed to have approved the proposed amendment.

(Ord. No. 2013-08, § I, 4-8-13)

Whenever the public necessity, convenience, general welfare, or good planning practices justify such action, and after the required review and report by the planning commission, the town council may undertake the necessary steps to amend this ordinance.

(Ord. No. 2013-08, § I, 4-8-13)

Requests to amend this ordinance shall be processed in accordance with the following requirements:

1)

Initiation for amendments: A proposed amendment to this ordinance may be initiated by the Fort Mill Town Council, the planning commission, zoning administrator, or by application filed with the zoning administrator by the owner or owners of the property proposed to be changed; provided, that action shall not be initiated for a zoning map amendment affecting the same parcel or parcels of property, or any part thereof, by a property owner or owners more than once every 12 months. Only areas of two acres or greater shall be considered in requests for changes in zoning classifications or for creation of new zoning districts; areas less than two acres may be considered in such requests, but only where the resulting zoning districts would be extensions of existing districts.

2)

Application forms; fees. Application forms for amendment requests shall be obtained from the zoning administrator. Completed forms, together with an application fee, plus any additional information the applicant feels to be pertinent, shall be filed with the zoning administrator. Any communication purporting to be an application for an amendment shall be regarded as mere notice to seek relief until it is made in the form required. Applications for amendments shall be submitted in proper form at least two weeks prior to a commission meeting in order to be heard at that meeting. Applications shall be accompanied by an application fee to cover the costs of advertising and other administrative expenses. The amount of the application fee shall be established by the town council during adoption of the annual budget ordinance. The zoning administrator shall issue a receipt for all fees received, and such fees shall be credited to the general fund.

3)

Action by the planning commission: All papers and other data submitted by the applicant on behalf of the amendment request shall be transmitted to the planning commission. The commission, at its regular meeting, shall review and prepare a report, including its recommendation, for transmittal to the town council. All meetings of the commission shall be open to the public. At a meeting, any party may appear in person, or be represented by agent or by attorney. No member of the commission shall participate in a matter in which he has any pecuniary or special interest. Following action by the planning commission, all papers and data pertinent to the application shall be transmitted to the town council for final action.

4)

Procedure for enactment or amendment of zoning ordinance or official zoning map; notice and rights of landowners; time limit on challenges:

(A)

Before enacting or amending any portion of this zoning ordinance or the official zoning map of the Town of Fort Mill, the town council or the planning commission, if authorized by the town council, shall hold a public hearing on the proposed amendment. At least 15 days' notice of the time and place of the public hearing shall be given in a newspaper of general circulation in the Town of Fort Mill. In cases involving rezoning, conspicuous notice shall be posted on or adjacent to the property affected at least fifteen days in advance, with at least one such notice being visible from each public thoroughfare that abuts the property. If any individual or group has expressed an interest in being informed of zoning proceedings, notice of such meetings shall be mailed to these individuals and groups. No change in or departure from the text or maps as recommended by the planning commission may be made pursuant to the hearing unless the change or departure be first submitted to the planning commission for review and recommendation. The planning commission shall have no more than thirty days within which to submit its report and recommendation on the change to the town council. If the planning commission fails to submit a report within the prescribed time period, it is deemed to have approved the change or departure. When the required public hearing is held by the planning commission, no public hearing by the town council shall be required before amending the zoning ordinance text or maps.

(B)

If a landowner whose land is the subject of a proposed amendment will be allowed to present oral or written comments to the planning commission, at least ten days' notice and an opportunity to comment in the same manner must be given to other interested members of the public, including owners of adjoining property.

(C)

An owner of adjoining land or his representative has standing to bring an action contesting the ordinance or amendment; however, this subsection does not create any new substantive right in any party.

(D)

No challenge to the adequacy of notice or challenge to the validity of a regulation or map, or amendment to it, whether enacted before or after the effective date of this section, may be made 60 days after the decision of the town council if there has been substantial compliance with the notice requirements of this section or with established procedures of the governing authority or the planning commission.

5)

Changes in zoning map: Unless otherwise specified within the enacting ordinance, changes in the official zoning map shall be effective from and after the date upon which the town council gives final approval. Following final action by the town council, the zoning administrator will make, or cause to be made, any necessary changes to the official zoning map of the Town of Fort Mill. Such changes shall be made as soon as practicable. A written record of the type and date of such change shall be maintained by the town clerk.

(Ord. No. 2013-08, § I, 4-8-13)