Hilton Head Island City Zoning Code
Appendix A
- Advisory and Decision Making Bodies and Persons
A-1.- Official
The Official is the LMO Official who is designated by the Town Manager as the person who administers and enforces this Ordinance. The Official shall have the following powers and duties under this Ordinance:
A. Powers and Duties
1.
Review and make decisions on:
a.
Subdivision Reviews (Minor and Major) (Sec. 16-2-103.F);
b.
Development Plan Reviews (Minor and Major) (Sec. 16-2-103.G);
c.
Small Residential Development Reviews (Sec. 16-2-103.H)
d.
Minor Corridor Reviews (Sec. 16-2-103.I);
e.
Natural Resources Permits (Sec. 16-2-103.K);
f.
Wetlands Alteration Permits (Sec. 16-2-103.L);
g.
Certain Sign Permits (Sec. 16-5-114.E);
h.
Development Project Name Reviews (Sec. 16-2-103.N);
i.
Certificates of Compliance (Sec. 16-2-103.P);
j.
Minor Deviations to PUD Master Plans (Sec. 16-2-103.D.8).
2.
Review and prepare a staff report with a recommendation on:
a.
Text Amendments (Sec. 16-2-103.B);
b.
Zoning Map Amendments (Rezoning) (Sec. 16-2-103.C);
c.
Planned Unit Development (PUD) Districts (Sec. 16-2-103.D);
d.
Special Exceptions (Sec. 16-2-103.E);
e.
Major Corridor Reviews (Sec. 16-2-103.I);
f.
Certain Sign Permits (Sec. 16-5-114.E);
g.
Street/Vehicular Access Easement Name Reviews (Sec. 16-2-103.O);
h.
Public Project Reviews (Sec. 16-2-103.Q);
i.
Variances (Sec. 16-2-103.S).
3.
Make Written Interpretations of this Ordinance (Sec. 16-2-103.R).
4.
Enforce the provisions of this Ordinance (Sec. 16-8-105)
5.
Maintain the Official Zoning Map (Sec. 16-1-107).
6.
Provide expertise and technical assistance to the Town Council, Planning Commission, Board of Zoning Appeals, and Design Review Board, upon request.
A-2. - Planning Commission
The Planning Commission is established under this Ordinance in accordance with State law. The Planning Commission has the following powers and duties under this Ordinance:
A. Powers and Duties
1.
Prepare and periodically revise plans and programs for the development and redevelopment of areas in the Town, as provided for in this Ordinance.
2.
Prepare and recommend for adoption to the Town Council as a means for implementing the plans and programs:
a.
Zoning ordinances to include a zoning map(s) and appropriate revisions thereof;
b.
An official map and appropriate revisions of it showing the exact location of existing or proposed public street, highway and utility rights-of-way, and public building sites, together with regulations to control the erection of buildings or other structures or changes in land use within the rights-of-way, building sites, or open spaces within its jurisdiction, or a specified portion of it;
c.
A landscaping ordinance setting forth required planting, tree preservation and other aesthetic considerations for land and structures;
d.
A Capital Improvements Program setting forth projects required to implement plans which have been prepared and adopted, including an annual listing of priority projects for consideration by the governmental bodies responsible for implementation prior to preparation of their capital budgets; and
e.
Policies or procedures to facilitate implementation of planning documents.
3.
Review and make decisions on applications for:
a.
Street/Vehicular Access Easement Name Reviews (Sec. 16-2-103.O);
b.
Public Project Reviews (Sec. 16-2-103.Q).
c.
Traffic Impact Analysis Plans (Sec. 16-2-103.J.5.b.ii).
(Revised 5-17-2016 - Ordinance 2016-07)
4.
Review and make recommendations to the Town Council on:
a.
Text Amendments (Sec. 16-2-103.B);
b.
Zoning Map Amendments (Rezonings) (Sec. 16-2-103.C); and
c.
Planned Unit Development (PUD) Districts (Sec. 16-2-103.D).
5.
Review and decide appeals (see Sec. 16-2-103.U) on:
a.
Subdivision Reviews (Minor and Major) (Sec. 16-2-103.F);
b.
Development Plan Reviews (Minor and Major) (Sec. 16-2-103.G);
c.
Development Project Name Reviews (Sec. 16-2-103.N); and
d.
Small Residential Development Reviews (Sec. 16-2-103.H).
6.
Carry out any other powers and duties delegated to it by the Town Council, consistent with the S.C. Code of Laws Section 6-29-310, et seq.
B. Membership, Terms and Compensation
The Planning Commission shall consist of nine members, appointed by the Town Council, and shall include, to the extent practicable, at least one attorney and one design professional (either a registered architect or a registered landscape architect). None of the members shall hold elected public office or position in the Town or County.
All members shall be appointed for three-year terms. All terms shall end on June 30 of the applicable year.
Members of the Planning Commission on the effective date of this Ordinance shall continue to serve until their respective terms expire.
No member may serve for more than two successive terms, except for extraordinary circumstances where the Town Council believes it to be in the best interest of the community to have a continuation for a specified period of time for a particular member of the Commission. This limitation shall not prevent any person from being appointed to the Commission after an absence of one year. Service for a partial term of less than one and one-half years shall not constitute a term of service for purposes of this paragraph.
The Town Council may remove a member for cause, after written notice and a public hearing. Cause may include, but not be limited to, nonattendance at meetings.
The Planning Commission shall use the Town staff. That staff shall be subject to the employment policies of the Town and act under the direction of the Town Manager.
The Planning Commission shall elect one of its members Chair and another Vice-Chair, each of whom shall serve one-year terms, beginning on July 1 and ending the following June 30. The Commission shall appoint a secretary, who may be an officer or employee of the Town and need not be a member of the Commission.
The Planning Commission shall meet at the call of the Chair and at such regular times as the Commission may determine.
A majority of the Planning Commission shall constitute a quorum for the conduct of business.
Public notice of all meetings of the Planning Commission shall be provided in compliance with the requirements of S. C. Code Ann. § 30-4-10, et seq.; S. C. Code Ann. 6-29-310, et seq.; and this Ordinance.
The Chair, or in the absence of the Chair, the Vice-Chair, may administer oaths and compel the attendance of witnesses by subpoena.
1.
The Planning Commission shall have jurisdiction over all lands within the Town.
2.
The Town Council may expand the jurisdiction of the Planning Commission by ordinance or intergovernmental agreement, in accordance with the provisions of Section 6-29-330, S.C. Code of Laws.
A-3. - Board of Zoning Appeals
The Board of Zoning Appeals is established under this Ordinance in accordance with State law. The Board of Zoning Appeals has the following powers and duties under this Ordinance:
A. Powers and Duties
1.
To review and decide:
a.
Special Exceptions; and
b.
Variances.
2.
To hear and decide appeals (see Sec. 16-2-103.T) on:
a.
Minor Deviations from a PUD;
b.
Natural Resources Permits;
c.
Wetlands Alteration Permits;
d.
Certificates of Compliance; and
e.
Written Interpretations of the Official on zoning regulations where it is alleged there is error in an order, requirement, decision or determination made by an administrative official in the enforcement of the zoning ordinance.
3.
Carry out any other powers and duties delegated to it by the Town Council, consistent with the S.C. Code of Laws Section 6-29-800, et seq.
B. Membership, Terms and Compensation
The Board of Zoning Appeals shall consist of seven members, appointed by the Town Council, and shall include, to the extent practicable, at least one attorney, and one design professional (either a registered architect or a registered landscape architect). None of the members shall hold any other public office or position in the Town or County.
All members shall be appointed for three-year terms. All terms shall end on June 30 of the applicable year.
Members of the Board of Zoning Appeals on the effective date of this Ordinance shall continue to serve until their respective terms expire.
No member may serve for more than two successive terms, except for extraordinary circumstances where the Town Council believes it to be in the best interest of the community to have a continuation for a specific period of time for a particular member of the Board. This limitation shall not prevent any person from being appointed to the Board after an absence of one year. Service for a partial term of less than one and one-half years shall not constitute a term of service for purposes of this paragraph.
The Town Council may remove a member for cause, after written notice. Cause may include, but not be limited to, nonattendance at meetings.
The Board of Zoning Appeals shall use the Town staff. That staff shall be subject to the employment policies of the Town and act under the direction of the Town Manager.
The Board of Zoning Appeals shall elect one of its members Chair and another Vice-Chair, each of whom shall serve one-year terms, beginning on July 1 and ending the following June 30. The Board shall appoint a secretary, who may be an officer or employee of the Town and need not be a member of the Board.
The Board of Zoning Appeals shall meet at the call of the Chair and at such regular times as the Board may determine.
A majority of the members of the Board of Zoning Appeals shall constitute a quorum for the conduct of business.
Public notice of all meetings of the Board of Zoning Appeals shall be provided in compliance with the requirements of S. C. Code of Laws Section 30-4-10, et seq.; S.C. Code of Laws Section 6-29-790, et seq.; and this Ordinance.
The Chair, or in the absence of the Chair, the Vice-Chair, may administer oaths and compel the attendance of witnesses by subpoena.
In case of contempt by a party, witness, or other person before the Board of Zoning Appeals, the Board may certify the fact to the Circuit Court of the county in which the contempt occurs and the judge of the court, in open court or in chambers, after hearing, may impose a penalty as authorized by law.
The Board of Zoning Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact. The Board shall keep records of its examinations and other official actions, all of which must be immediately filed in the office of the Board and must be a public record.
1.
The Board of Zoning Appeals shall have jurisdiction over all lands within the Town.
2.
The Town Council may expand the jurisdiction of the Board of Zoning Appeals by ordinance or intergovernmental agreement, in accordance with the provisions of Section 6-29-330, S.C. Code of Laws.
(Ord. No. 2015-23, 11-3-2015)
A-4. - Design Review Board
The Design Review Board is established as a board of architectural and landscape design review for projects in the Corridor Overlay District and for signs throughout the Town in accordance with State law. The Design Review Board has the following powers and duties under this Ordinance:
A. Powers and Duties
1.
To periodically review and recommend for adoption such amendments to this Ordinance as it may deem appropriate. Any such proposed amendments shall be considered for adoption in accordance with the provisions of Section 16-2-103.B, Text Amendments;
2.
To review and decide applications for:
a.
Certain Sign Permits (Sec. 16-5-114.E); and
b.
Major Corridor Development Reviews (Sec. 16-2-103.I).
3.
To review and decide appeals on Official decisions on Sign Permits and Minor Corridor Permits (Sec. 16-2-103.V).
4.
Carry out any other powers and duties delegated to it by the Town Council, consistent with the S.C. Code of Laws Section 6-29-880, et seq.
B. Membership, Terms and Compensation
The Design Review Board shall consist of seven members, appointed by the Town Council, and shall include, design professionals (such as registered architects, landscape architects or graphic artists). None of the members shall hold elected public office in the Town or County.
All members shall be appointed for three-year terms. All terms shall end on June 30 of the applicable year.
No member may serve for more than two successive terms, except for extraordinary circumstances where the Town Council believes it to be in the best interest of the community to have a continuation for a specified period of time for a particular member of the Design Review Board. These limitations shall not prevent any person from being appointed to the Board after an absence of one year. Service for a partial term of less than one and one-half years shall not constitute a term of service for purposes of this paragraph.
The Town Council may remove a member for cause, after written notice and a public hearing. Cause may include, but not be limited to, nonattendance at meetings.
The Design Review Board shall use the Town staff. That staff shall be subject to the employment policies of the Town and act under the direction of the Town Manager.
The Design Review Board shall elect one of its members Chair and another Vice-Chair, each of whom shall serve one-year terms, beginning on July 1 and ending the following June 30. The Design Review Board shall appoint a secretary, who may be an officer or employee of the Town and need not be a member of the Board.
The Design Review Board shall meet at the call of the Chair and at such regular times as the Design Review Board may determine.
A majority of the members of the Design Review Board shall constitute a quorum for the conduct of business.
Public notice of all meetings of the Design Review Board shall be provided in compliance with the requirements of S. C. Code of Laws Section 30-4-10, et seq.; and this Ordinance.
The Design Review Board shall have jurisdiction throughout the Town, subject to other provisions of this Ordinance regarding the districts or other areas to which the provisions administered by the Board are applicable.
(Ord. No. 2015-23, 11-3-2015)