This document shall be known and may be cited as the "Municipal Zoning and Development Ordinance of the City of Hardeeville, South Carolina" and is referred to in this document as "this Ordinance" and the "MZDO." This Ordinance shall become effective upon adoption of this Ordinance or any portion thereof, and as thereafter amended.

In pursuance of authority conferred by Section 6-29-710 of the Code of Laws of the State of South Carolina, 1976, as amended, and pursuant to the authority granted under the terms of Title 6, Chapter 7, Code of Laws of South Carolina, 1976, the City Council of the City of Hardeeville, South Carolina, does ordain and enact into law the following articles, divisions, and sections as set forth in this Ordinance.

The provisions of this Ordinance are enacted to protect the public health, safety, and general welfare, and to implement the policies of the Hardeeville Comprehensive Plan. The provisions are specifically intended to:

A.

Foster convenient, compatible, and efficient relationships among land uses;

B.

Promote a healthful and convenient distribution of population by regulating and limiting the density of development;

C.

Ensure greater public safety, convenience, and accessibility through the physical design and location of land use activities;

D.

Encourage the efficient use of the available land supply in the City, including redevelopment of underutilized land in central areas;

E.

Promote a balanced supply of commercial, industrial, institutional, and transportation land uses that is compatible with adjacent land uses and has good access to transportation networks;

F.

Preserve the character and quality of residential neighborhoods;

G.

Promote a balanced, diverse supply of quality housing located in safe and livable neighborhoods;

H.

Ensure the provision of adequate open space for light, air, and fire safety;

I.

Conserve the value of buildings and land;

J.

Preserve and protect existing trees and vegetation, floodplains, stream corridors, scenic views, and other areas of scenic and environmental significance from adverse impacts of land development;

K.

Facilitate the adequate and safe provision of transportation, water, sewage, drainage, schools, parks, and other public facilities; and

L.

Ensure that service demands of new development will not exceed the capabilities of existing and future streets, utilities, or other public facilities and services.

A.

General. The provisions of this Ordinance shall apply to all land, buildings, structures, and uses within the corporate limits of the City of Hardeeville, South Carolina.

B.

Application to Governmental Units. To the extent allowed by law, the provisions of this Ordinance shall apply to all land, buildings, structures, and uses owned by government agencies, including all Municipal, State, and Federal lands. Where the provisions of this Ordinance do not apply to such land, buildings, structures, and uses, such agencies are encouraged to meet the provisions of this Ordinance.

C.

Compliance Required. No building or structure shall be erected, converted, enlarged, reconstructed, or altered for use, nor shall any land, building, or structure be used or changed, except in accordance with all of the applicable regulations established by this Ordinance. No lot of record that did not exist on the effective date of this Code shall be created, by subdivision or otherwise, that does not conform to the applicable requirements of this Ordinance, unless allowed by Section 1.8, Transitional Regulations.

D.

Minimum Requirements. The regulations in this MZDO shall be considered the minimum provisions for the protection of the health, safety, economy, good order, appearance, convenience, and welfare of the general public.

This Ordinance is intended to implement the planning policies adopted as part of the City's Comprehensive Plan, as amended, and periodically updated, including all supplements and attachments thereto.

A.

Conflict with Other Public Laws, Ordinances, Regulations, or Permits. This Ordinance is intended to complement other Municipal, State, and Federal regulations that affect land use. This Ordinance is not intended to revoke or repeal any other public law, ordinance, regulation, or permit. However, where conditions, standards, or requirements imposed by any provision of this Ordinance are either more restrictive or less restrictive than comparable standards imposed by any other public law, ordinance, or regulation, the provisions that are more restrictive or that impose higher standards or requirements shall govern.

B.

Conflict with Private Agreements. This Ordinance is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this Ordinance are more restrictive or impose higher standards or requirements than such easement, covenant, or other private agreement, then the requirements of this Ordinance shall govern. Nothing in this Ordinance shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with this Ordinance. In no case shall the City be obligated to enforce the provisions of any easements, covenants, or agreements between private parties.

A.

If any court of competent jurisdiction invalidates any provision of this Ordinance, then such judgment shall not affect the validity and continued enforcement of any other provision of this Ordinance.

B.

If any court of competent jurisdiction invalidates the application of any provision of this Ordinance, then such judgment shall not affect the application of that provision to any other building, structure, or use not specifically included in that judgment.

C.

If any court of competent jurisdiction judges invalid any condition attached to the approval of an application for development approval, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.

The purpose of transitional regulations is to resolve the status of properties with pending applications or recent approvals, and properties with outstanding violations, at the time of the adoption of this Ordinance.

A.

Violations Continue. Any violation of the previous version of the Hardeeville Municipal Zoning and Development Ordinance (generally referred to as the 2003 MZDO, as amended), or other prior zoning or development ordinances of the City, shall continue to be a violation under this Code and shall be subject to the penalties and enforcement set forth in Section 7.12, Enforcement, unless the use, development, construction, or other activity complies with the provisions of this Ordinance. Payment shall be required for any penalty assessed under the previous regulations, unless the original violation is no longer considered a violation under this Ordinance.

B.

Uses, Structures, and Lots Rendered Conforming. A use, structure, or lot not lawfully existing at the time of the adoption of this Ordinance is deemed lawful as of the effective date of this Ordinance, provided it conforms to all of the requirements of this Ordinance.

C.

Uses, Structures, and Lots Rendered Nonconforming:

1.

When a lot is used for a purpose that was a lawful use before the effective date of this Ordinance, and this Ordinance no longer classifies such use as an allowed use in the zoning district in which it is located, such use shall be considered nonconforming and shall be controlled by Section 3.5, Nonconforming Buildings or Uses and Use Discontinuance.

2.

Where any building, structure, or lot that legally existed on the effective date of this Ordinance does not meet all standards set forth in this Ordinance, such building, structure, or lot shall be considered nonconforming and shall be controlled by Section 3.5, Nonconforming Buildings or Uses and Use Discontinuance.

D.

Processing of Applications Commenced or Approved Under Previous Ordinances.

1.

Pending Applications.

a.

Any complete application that has been submitted for approval, but upon which no final action has been taken by the appropriate decision-making body prior to the effective date of this Ordinance, shall, within six (6) months of the date of acceptance for completeness, be reviewed in accordance with the provisions of the ordinance in effect on the date the application was deemed complete. If the Applicant fails to comply with any applicable required period for submittal or other procedural requirements, the application shall expire and subsequent applications shall be subject to the requirements of this Ordinance. Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.

b.

An Applicant with an approved pending application may waive review available under prior ordinances through a written letter to the Planning Director and request for review under this Ordinance.

c.

Notwithstanding the foregoing, applications which had been accepted by the City for approval in accordance with the complementary city and county ordinances authorizing the City to process applications for development or zoning approvals and permits outside the corporate limits of the City, but within the "Southern Jasper County - Hardeeville Joint Planning Area" prior to the effective date of the Jasper County Ordinance withdrawing such authority by County Ordinance Number 08-02, shall continue to be processed by the City, in accordance with subsection (a) above, unless the applicant withdraws the application. Withdrawal of the application does not entitle the applicant to a return of the application fee.

2.

Preliminary Approvals. An application for which preliminary approval of a plat was granted prior to the effective date of this Code may be processed for a final decision in accordance with the preliminary approval, applicable terms of the ordinance in place at the time of preliminary approval, and any other approved permits and conditions, even if the application does not comply with one (1) or more requirements set forth in this Ordinance. Preliminary approvals granted under the previous code may be extended no more than once, and for no longer than twelve (12) months, pursuant to the extension procedures applicable under the previous ordinance.

3.

Approved Projects:

a.

Special Exceptions, Subdivision Plats, Site Plan approvals, Grading Permits, Planned Unit Developments (now known as Planned Development Districts), Sign Permits and Variances, any of which are valid on the effective date of this Ordinance, shall remain valid until their expiration date. Projects with valid approvals or permits may be carried out with the development standards in effect at the time of approval, provided that the permit or approval is valid and has not lapsed. Further provisions regarding vesting are contained within Article 10 of this MZDO, as well as Section 1.8.E regarding Planned Development Districts.

b.

Any building or development for which a Building Permit was granted prior to the effective date of this Ordinance shall be permitted to proceed to construction even if such building or development does not conform to the provisions of this Ordinance.

c.

If the development for which the Building Permit is issued prior to the effective date of this Ordinance fails to comply with the time frames for development established for the Building Permit, the Building Permit shall expire and future development shall be subject to the requirements of this Ordinance.

E.

Planned Developments. Planned Unit Developments (PUD's) (now known as Planned Development Districts or PDD's) shall conform to the standards of this Ordinance unless a specific departure from the standards of the City's Zoning Ordinance in effect at the time of creation of the PUD was authorized as part of the specific PUD ordinance adopted by the City in accordance with Section 512 of former Appendix A to the Hardeeville Code of Ordinances or approved under prior City Codes. PDD's approved under prior City Codes in which the infrastructure is not completed are defunct and subject to the standards of the MZDO, and are subject to rezoning to Conservation Preservation (CP), if not already reclassified by operation of the prior ordinances authorizing the PDD or by the adoption of the Official Zoning Map of the City of Hardeeville contemporaneously with the adoption of this MZDO.

F.

Sign Amortization.

1.

All signs that have up-to-date permitting and are in conformity with the existing sign ordinance prior to the effective date of this Ordinance shall be deemed conforming by virtue of their "grandfathered" status, but must be brought into conformity if modified in any way aside from routine maintenance.

2.

All signs not permitted or nonconforming under the existing sign ordinance (the 2003 MZDO) prior to the effective date of this ordinance shall be brought into conformity with this Ordinance within one (1) year from the effective date of this MZDO for a sign with replacement cost of six thousand dollars ($6,000) or less and five (5) years for a sign with replacement costs of six thousand one dollars ($6,001) or more. Special provisions regarding billboards are included in Article 8.

3.

Any unpermitted sign that received a variance prior to the effective date of this MZDO must be brought into conformance with this MZDO within five (5) years beginning with the date of the original variance date, or whenever repair or maintenance is done exceeding fifty (50%) percent value of the sign, whichever time period is less.

4.

This ordinance contains further provisions regarding nonconforming signs, lots, and uses.

G.

Annexations. Any property not zoned due to inadvertence or after having been annexed by this City shall be given the lowest density residential zoning of this MZDO. A property owner may apply to City Council for rezoning as per the procedures of this ordinance.