The planning official is hereby charged with the administration of this appendix subject to the provisions of the South Carolina Home Rule Act. Planning official means the town administrator or other town employee, consultant, or contractor designated by the town administrator to administer assigned duties in the administration of this appendix.

The planning official shall accept and examine all applications for construction, land use, or reuse and shall issue permits where such applications are in accordance with the provisions of this appendix and applicable building codes. The planning official shall direct parties in conflict with this appendix and cause records and files to be kept of any and all referenced matters.

If the planning official shall find that any one of the provisions of this appendix is being violated, the person responsible for such violation shall be notified, indicating the nature of the violation and ordering the action necessary to correct it. The planning official shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; and shall take any other action authorized by this appendix to ensure compliance with or to prevent violation of its provisions.

(a)

No building, structure, or sign requiring a permit, or any part thereof, shall be erected, added to, or structurally altered, nor shall the felling of trees on undeveloped lots for excavation or grading be commenced until the required permits have been issued.

(b)

No building, structure, or land shall be used, nor shall any building, structure, or land be converted, wholly or in part to any other use, until all applicable and appropriate licenses, certificates, and permits have been issued certifying compliance with the requirements of this appendix.

(c)

No permits inconsistent with the provisions of this appendix shall be issued unless accompanied by an approved variance as provided by this article.

(d)

The provisions of this section shall not apply to the necessary construction, replacement, or maintenance by a public utility of its outside plant facilities, including such items as poles, cross arms, guys, wires, cables, and drops.

12-2.1. Filing applications and fees.

(a)

Generally. Applications for permits shall be filed on forms provided by the planning official, signed by the owner or developer, and accompanied by the applicable fees.

The town council shall set fees for the processing and administration of the provisions of this appendix and for other town services. Fees to be levied may include but are not limited to the following services:

(1)

Zoning permits.

(2)

Plans review fees for building (architectural) plans, site plans, and other development plans as may be required to process a land development or building application.

(3)

Permit fees for building construction, moving, and demolition permits; grading permits; sign permits; communications towers; electrical, gas, plumbing, and other specialty permits; manufactured housing moving and installation permits; use permits; and swimming pool permits.

(4)

Inspection fees.

(5)

Retirement of title processing fees for the conversion of manufactured housing to real property.

(6)

Development agreement fees for the drafting, processing, and administration of the agreements.

(7)

Written zoning verification and compliance determinations.

(8)

Plat approval fees for re-surveys, minor subdivisions, major subdivisions (final plats), lot reconfigurations, and other plats requiring planning official or planning commission approval prior to recording with the Lexington or Richland County register of deeds.

(9)

Board of zoning appeals fees for petitions for appeal of administrative zoning decisions, variance requests, and special exceptions.

(10)

Planning commission fees for petitions for appeals of administrative land development decisions and applications for exceptions to land development standards, required improvements, or submittal requirements.

(11)

Map amendment petitions for re-zoning.

(12)

Publications and duplication fees.

(b)

Continuance of fees. All fees previously set by the town council shall continue and remain in effect under this appendix until and unless such time as amended by town council.

12-2.2. Application requirements for a zoning permit.

(a)

Generally. Each application for a zoning permit for a building or structure other than a sign shall be accompanied by two sets of the following or as much thereof as the planning official shall find necessary to determine whether the proposed building or use will be in compliance with the provisions of this appendix:

A plat and/or site plan showing:

(1)

Date and scale;

(2)

Actual shape and dimensions of the lot to be built upon;

(3)

Size, height, and location on the lot of existing and proposed buildings and structures;

(4)

Existing and intended use of each building or part of a building;

(5)

Number of families or housekeeping units;

(6)

Location of existing trees 12-inch DBH;

(7)

Flood and wetland areas;

(8)

Proposed parking, buffer areas, and landscaping; and

(9)

Such other information with regard to the lot and contiguous land uses as required to determine compliance with and provide for the enforcement of this appendix.

(b)

Construction progress. Any zoning permit shall become invalid unless the work authorized by it has been commenced within six months of the date of issue of the permit, or if the work authorized by it is suspended or abandoned for a period of one year. Upon the expiration of said zoning permit, the planning official shall notify in writing the owner or owners of the affected property.

(c)

Certificate of occupancy. Upon completion of the construction or alteration of a building or structure for which a zoning permit has been granted, application shall be made to the planning official for a certificate of occupancy. Within three days of such application, the planning official shall make a final inspection of the property in question and shall issue a certificate of occupancy if the building or structure is found to conform to the provisions of the ordinance and the statements made in the application for the permit. If such a certificate is refused, the planning official shall state such refusal in writing with cause. No land or building hereafter erected or altered in its use shall be used until such a certificate of occupancy has been granted. No non-conforming structure or use shall be maintained, renewed, changed, or extended until a certificate of zoning compliance has been issued.

The board of zoning appeals shall consist of five members who shall be citizens of the town and shall be appointed by the mayor and town council for overlapping terms of four years, commencing on April 1. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment.

There will be a two-term limit for serving on the board. However, if an individual is appointed to complete an unfinished term, they may do so, and then get up to two consecutive terms on the board. Any former member will be allowed to reapply for additional terms after he/she has vacated the seat for a full four-year term. In the event no new qualified applicants apply for the empty seat, a majority of the council can approve the reappointment for additional terms of any board member. Term limits are hereby in effect beginning with the date of each member's initial appointment to the board. Any vacancy in the membership of the board of zoning appeals shall be filled for the unexpired term by the council. Members shall serve until their successors are appointed and qualified. All members of the board shall serve without compensation but be reimbursed for actual expenses incurred in connection with their official duties from budgeted funds pursuant to reimbursement policies and procedures for employees of the town.

Members of the board of zoning appeals may be removed at any time by the town council for cause. The existence of cause shall be discussed by the council in executive session as permitted by the Freedom of Information Act, S.C. Code 1976, § 30-4-70(a)(1), and the determination of removal shall be by vote in the public session declaring a vacancy in the position without a statement of cause. Any fact which, in the discretion of council, is deemed to adversely affect the public interest, including lack of attendance at meetings, may constitute cause.

Members of the board shall complete annually a minimum of three hours of continuing education on zoning and/or planning in seminars either provided by the town, or by other authorities approved by the town council. Records of such attendance and recommendations for education shall be the responsibility of the town's administrator in cooperation with the planning commission chairperson. Failure to complete such training annually may be grounds for removal of any member by the town council in January of each year.

12-3.1. Proceedings of the board of zoning appeals.

The board of zoning appeals shall elect a chairman and a vice-chairman from its members who shall serve for one year or until reelected. The board shall appoint a secretary who may be a town employee or a member of the board of zoning appeals. The board shall adopt rules and bylaws in accordance with S.C. Code 1976, § 6-29-790. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. All meetings of the board shall be open to the public. A quorum shall be required to take any official action by the board. Three members present shall constitute a quorum.

12-3.2. Appeals to the board of zoning appeals, hearings, and notices.

Appeals to the board shall be taken within 30 days of the date of the action which is appealed by filing notice of appeal with the planning official, who shall forthwith transmit to the board all the papers constituting the record upon which the action appealed was taken.

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board, after the notice of appeal has been filed with him/her, that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life and/or property. In such case, proceedings shall not be stayed except by a restraining order, which may be granted by the board or by a court of record on application, on notice to the planning official and on due cause shown.

The board of zoning appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give at least 15 days public notice thereof in a newspaper of general circulation in the community, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

12-3.3. Powers and duties of the board of zoning appeals.

The board of zoning appeals shall have the following powers and duties:

(1)

To hear and decide administrative appeals in which it is alleged there is error in any order, requirement, decision, or determination made by the planning official in the enforcement of this appendix.

(2)

To grant variances to authorize upon appeal in specific cases a variance from the terms of this appendix as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this appendix will, in an individual case, result in the unnecessary hardship, so that the spirit of this appendix shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship if the board makes and explains in writing the following findings:

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property;

b.

These conditions do not generally apply to other property in the vicinity;

c.

Because of these conditions, the application of this appendix to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property; and

d.

The authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the district will not be harmed by the granting of the variance.

The board may not grant a variance if 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 except as allowed under article VIII of this appendix, or to change the zoning district boundaries shown on the official zoning map. The fact that property may be utilized more profitably, should a variance be granted, may not be considered grounds for a variance.

(3)

To grant special exceptions per article II of this appendix.

(4)

To hear and decide upon nonconformities and other provisions as granted to the board of zoning appeals by this appendix.

12-3.4. Decisions of the board of zoning appeals.

In exercising the above powers, the concurring vote of two-thirds of the members present and voting shall be required to reverse or affirm, wholly or in part, or modify any order, requirement, decision, or determination of the planning official, or to decide in favor of the applicant on any matter upon which it is required to pass under this appendix, and to that end, shall have the powers of the officer from whom the appeal is taken and may direct the issuance of a permit. The board, in the execution of the duties for which appointed, may subpoena witnesses and in case of contempt may certify such fact to the circuit court having jurisdiction.

All final decisions and orders of the board must be in writing and be permanently filed in the office of the board as public record all findings of fact and conclusions of law must be separately stated in final decisions or orders of the board which must be delivered to parties of interest by certified mail.

12-3.5. Appeal from board of zoning appeals to circuit court.

A person who may have a substantial interest in any decision of the board of zoning appeals or an officer or agent of the town may appeal a decision of the board to the circuit court in and for the county of jurisdiction by filing with the clerk of court a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within 30 days after the decision of the board is mailed.

(Ord. No. 20-26, 12-15-2020; Ord. No. 24-07, 5-21-2024)

The town planning commission is established in chapter 2, article IV, division 3 of this Code.

12-4.1. Appeal to the planning commission.

An appeal of a decision of the planning official or other town official made under a provision or regulation within articles IV, IX, X, and XI under the review authority of the planning commission shall be made to the planning commission. The appeal must be filed within 60 days after actual notice of the administrative decision and shall be heard at the next regular planning commission meeting scheduled at least 30 days after the appeal is filed.

12-4.2. Exceptions granted by the planning commission.

The planning commission shall have the power to grant exceptions from the submittal requirements for land development applications; community appearance, buffering, screening, landscaping, common open space, and tree protection; and other land development projects under the review authority of the planning commission as may be reasonable and within the general purpose and intent of the provisions of this appendix. Said exceptions shall be granted if the literal enforcement of one or more of the provisions of this appendix is not applicable to the specific project and/or is impractical or will exact undue hardship because of peculiar conditions pertaining to the site in question.

From time to time the provisions of this appendix may be amended by the town council. The procedures for amending the various articles of this appendix shall be as proscribed by S.C. Code 1976, §§ 6-29-760 and 6-29-1130.

12-5.1. Zoning map amendments.

The following procedures apply to amending the official zoning map through the process of re-zoning a parcel, a portion of a parcel, or multiple parcels from one zoning classification to another.

(1)

Initiation of map amendment. A zoning map amendment may be initiated by a property owner, the property owner's agent, the planning commission, or the town council. The planning official shall develop map amendment application forms and guidelines for petitions initiated by the property owner or his agent. If the petitioner is not the property owner or owners, the property owner or owners shall complete and have notarized a form designating the petitioner as his agent. Action shall not be initiated for an amendment to re-zone the same parcel or parcels of property or any part thereof to the same zoning classification by a property owner or owners or owner's agent more often than once every 12 months. An application for a zoning map amendment withdrawn after the public notice has been published is subject to the 12 month waiting period.

No amendment shall be initiated for a change in zoning classification or creation of a separate district which involves an area of less than two acres, except for the following:

a.

The extension of existing district boundaries, and

b.

The addition of CO zoning contiguous to any other commercial or industrial zone.

(2)

Application procedure. Application forms for map amendments shall be obtained from the office of the planning official. Completed forms, together with the required application fee to cover administrative costs (advertising), plus any additional information the applicant feels to be pertinent, shall be filed with the planning official. 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 must be received in proper form, at least 15 days prior to a planning commission meeting in order to be heard at that meeting.

a.

Review by the planning commission. All papers and other data submitted by the applicant on behalf of the amendment request shall be transmitted by the planning official to the planning commission.

1.

The planning commission, at regular meetings, shall review and prepare a report, including its recommendation for transmittal to the town council.

2.

All meetings of the planning commission shall be open to the public. At a meeting, any party may appear in person or by agent or attorney.

3.

No member of the planning commission shall participate in a matter in which he/she has any pecuniary or special interest.

b.

Report of planning commission. Following review of the proposed amendment, the planning commission shall reach a decision regarding said amendment and report its findings and recommendation to the town council for final action to be preceded by an advertised public hearing.

1.

The planning commission shall have 30 days within which to submit its report. If the planning commission fails to submit a report within the 30-day period, it shall be deemed to have approved the proposed amendment. No change in or departure from the text or maps as recommended by the planning commission may be made pursuant to the public hearing unless the change or departure is first submitted to the planning commission for review and recommendation.

(3)

Notice of public hearing. In scheduling a public hearing for a proposed zoning map amendment, notice of the time and place shall be published in a newspaper of general circulation in the community at least 15 days in advance of the scheduled public hearing. The town council shall hold such hearing and act on the proposed amendment within 60 days of receipt of the planning commission's recommendation on the application.

(4)

Posting of property. In cases involving re-zoning of property, conspicuous notice shall be posted on or adjacent to the affected property, with at least one such notice being visible from each public thoroughfare that abuts the property. Such notice shall be posted at least 15 days prior to the announced hearing, indicating the nature of the proposed change, identification of the affected property, and time, date, and place of the hearing.

(5)

Action by town council. The town council shall take action to approve, disapprove, modify, or remand the matter back to the planning commission within 60 days of receipt of the planning commission's recommendation on an application. If no action is taken by the town council within such time, the proposed amendment shall be considered denied unless otherwise specified by council.

Following final action by town council, any necessary changes shall be made to the official zoning map. A written record of the type and date of such change shall be maintained by the planning official.

12-5.2. Ordinance text amendments.

This section shall apply to all text and other amendments to this appendix other than amendments to the zoning map.

(1)

Referral to planning commission. Proposed text amendments to this appendix not initiated by the planning commission must be referred to the planning commission for deliberation and recommendation. The planning commission's recommendations shall be received by the town council prior to town council action on the proposed text amendment.

(2)

Public hearing. The town council shall hold a public hearing on the proposed text amendment. The public hearing shall be held prior to the second reading of the amendment. In scheduling a public hearing for a proposed ordinance text amendment, notice of the time and place shall be published in a newspaper of general circulation in the area at least 30 days in advance of the scheduled public hearing.

(3)

Action by town council. The town council shall take action on the proposed amendment within 60 days of receipt of the planning commission's recommendation on an application. If no action is taken by the council within such time, the proposed amendment shall be considered denied unless otherwise specified by the council. The town council may approve of the planning commission's recommendations on the proposed text amendment, amend the planning commission's recommendations on the proposed text amendment, or deny the planning recommendations on the proposed text amendment. All amendments to this appendix shall be made through the adoption of an ordinance.

The provisions of this appendix shall be held to be minimum requirements. Where the conditions imposed by any provision of this appendix are either more restrictive or less restrictive than any other applicable statute, the more restrictive statute, imposing higher standards or requirements, shall govern.

(Ord. No. 22-22, 7-19-2022)

Editor's note— Ord. No. 22-22, adopted July 19, 2022, repealed former § 12-6, which pertained to violations and penalties, and in so doing renumbered the former § 12-7 as § 12-6, as set out above.