James Island City Zoning Code
REVIEW AND
DECISION-MAKING AUTHORITY
§ 153.025 TOWN COUNCIL.
(A) Review authority. The Town Council does not act in a review or recommending capacity.
(B) Decision-making authority. The Town Council shall have final (local) decision-making authority on the following matters:
(1) Comprehensive Plan amendments;
(2) Zoning and Land Development Regulations text amendments;
(3) Zoning map amendments (rezonings);
(4) Planned development (PD) development plans and PD zoning map amendments; and
(5) Acceptance of public dedications (offered as part of subdivision plat process and/or by deed).
(Ord. 2012-06, § 2.1, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012)
§ 153.026 PLANNING COMMISSION.
(A) Review authority. The Planning Commission acts in a review and recommending capacity on the following matters:
(1) Comprehensive Plan amendments;
(2) Zoning and Land Development Regulations text amendments;
(3) Zoning map amendments (rezonings); and
(4) Planned development (PD) development plans and PD zoning map amendments.
(B) Decision-making authority. The Planning Commission shall have final (local) decision-making authority on the following matters:
(1) Preliminary subdivision plats; Planning Commission may delegate final plat review and approval to the planning staff;
(2) Public project review;
(3) Appeals of administrative decisions on final subdivision plats;
(4) Appeals of administrative decisions on subdivision matters;
(5) Names of new streets and roads;
(6) Requests for street name changes; and
(7) Any other matters pursuant to S.C. Code§ 6-29-340, as amended.
(C) Officers, rules, meetings, and minutes. Pursuant to S.C. Code§§ 6-29-350 and 6-29-360, the Planning Commission shall elect one of its members as chairperson and one as vice-chairperson whose terms must be for one year. It shall appoint a secretary who may be an officer or an employee of the governing authority or of the Planning Commission. The Planning Commission shall adopt rules of organizational procedure and shall keep a record of its resolutions, findings, and determinations, which record must be a public record. The Planning Commission shall meet at the call of the chairperson and at such times as the chairperson or Commission may determine. The Planning Commission may purchase equipment and supplies and may employ or contract for such staff and such experts as it considers necessary and consistent with funds appropriated.
(D) Composition. The Planning Commission shall consist of five members appointed by the Town Council for terms of four years each; provided, however, that, of the initial members of the Planning Commission, two members shall be appointed for two- year terms and three members shall be appointed for four-year terms. Members shall serve until their successors are appointed and qualified. Any vacancy which may occur on the Planning Commission shall be filled by Town Council appointing a successor to serve out the un-expired term of the vacancy. In appointing members to the Planning Commission, the Town Council shall consider their professional expertise, knowledge of the community, and concern for the future welfare of the total community and its citizens. The membership of the Planning Commission should represent a broad cross-section of the interests and concerns within the town. All Planning Commission members shall reside within the municipal jurisdiction of the town. No member of the Planning Commission may hold any elected public office.
(Ord. 2012-06, § 2.2, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012; Ord. 2014-01, passed 2-20-2014)
§ 153.027 BOARD OF ZONING APPEALS.
(A) Review authority. The Board of Zoning Appeals does not act in a review or recommending capacity.
(B) Decision-making authority. The Board of Zoning Appeals shall have final decision-making authority on the following matters:
(1) Special exceptions;
(2) Variances; and
(3) Appeals of administrative decisions on zoning-related matters.
(C) Officers, rules, meetings, and minutes. Pursuant to S.C. Code § 6-29-360, the Board of Zoning Appeals shall elect one of its members as chair who shall serve for one year or until re-election or a successor is elected and qualified. The Board of Zoning Appeals shall adopt rules and procedures in accordance with the provisions of this chapter not inconsistent with the provisions of S.C. Code Title 6, Chapter 29, as amended. The Board of Zoning Appeals shall appoint a secretary. The secretary may be an employee of the town. Meetings of the Board shall be at the call of the chair and at such other times as the Board of Zoning Appeals may determine. Public notice of all meetings of the Board of Zoning Appeals shall be provided by publication in a newspaper of general circulation in the town. 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. The Board of Zoning Appeals shall maintain records of its examinations and official actions, all of which, upon approval, shall be filed immediately in the office of the Zoning Administrator. Such records shall be available for public review and inspection during normal business hours.
(D) Composition. The Board of Zoning Appeals shall consist of five members appointed by the Town Council for terms of four years each; provided, however, that, of the initial members of the Board of Zoning Appeals, three members shall be appointed for four-year terms and two members shall be appointed for two-year terms. Members shall serve until their successors are appointed and qualified. Any vacancy which may occur on the Board of Zoning Appeals shall be filled by the Town Council appointing a successor to serve out the un-expired term of the vacancy. In appointing members to the Board of Zoning Appeals, the Town Council shall consider their professional expertise, knowledge of the community, and concern for the future welfare of the total community and its citizens. All members of the Board of Zoning Appeals shall reside within the municipal jurisdiction of the town. No member of the Board of Zoning Appeals may hold an elected public office.
(Ord. 2012-06, § 2.3, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012; Ord. 2014-01, passed 2-20-2014)
§ 153.028 ZONING ADMINISTRATOR.
(A) Review authority. The Zoning Administrator shall act in review capacity on the following matters:
(1) Comprehensive Plan amendments;
(2) Zoning and Land Development Regulations text amendments;
(3) Zoning map amendments (rezonings);
(4) Planned development (PD) development plans and PD zoning map amendments;
(5) Subdivision plats;
(6) Special exceptions, variances and appeals; and
(7) Public project review.
(B) Decision-making authority. The Zoning Administrator shall have final (local) decision-making authority on the following matters:
(1) Written interpretations;
(2) Zoning permits;
(3) Final minor subdivision plats; and
(4) Court-ordered subdivision plats.
(C) Other powers and duties. The Zoning Administrator shall have the following powers and duties in addition to those otherwise set out under this chapter:
(1) Maintaining permanent and current records of this chapter including, but not limited to, all zoning maps, amendments, special exceptions, variances, appeals, and applications thereof and records of hearings thereon. Such records shall be open to public inspection during business hours;
(2) Providing such clerical, technical, and consultative assistance as may be required by the Board of Zoning Appeals, Planning Commission, and other boards, commissions, and officials in the exercise of their duties relating to this chapter;
(3) Enforcing all provisions of this chapter;
(4) Maintaining a record of all applications for zoning permits, including all plats and plans submitted therewith, which record shall be open to public inspection during business hours;
(5) Conducting or causing inspections of structures, land, and the uses thereof to determine compliance with this chapter;
(6) Receiving, filing, and forwarding to the Board of Zoning Appeals the records of all appeals and variances;
(7) Receiving, filing, and forwarding to the Board of Zoning Appeals all applications for special exceptions; and
(8) Reviewing, approving, and issuing administrative permits as authorized by this chapter and maintain records of these permits.
(Ord. 2012-06, § 2.4, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012)