James Island City Zoning Code
DEVELOPMENT REVIEW
PROCEDURES
§ 153.040 GENERAL; APPLICATIONS, NOTICE, DECISIONS, HEARINGS.
(A) General. The general provisions of this section apply to all development applications and procedures under this chapter unless otherwise stated.
(B) Authority to file applications. Applications for review and approval under this chapter may be initiated by:
(1) Petition of all the owners of the property that is the subject of the application;
(2) The owners’ authorized agents; or
(3) Review and decision-making bodies.
(C) Form of application. Applications required under this chapter shall be submitted in a format and in such numbers as required by the official responsible for accepting the application. Application submittal requirements and format information shall be available to the public in the Planning/Zoning Department.
(D) Filing fees. Applications shall be accompanied by the fee amount that has been established by the Town Council for the respective type of application. Fees shall not be required for applications initiated by authorized review or decision-making bodies.
(E) Application completeness and submission deadlines.
(1) Applications required under this chapter shall be considered complete only if they are submitted in the required format, include all mandatory information and are accompanied by the established fee.
(2) Applications for consideration by the Board of Zoning Appeals shall be submitted no later than 12:00 p.m. on the Friday, four weeks prior to the regularly scheduled Board of Zoning Appeals meeting, unless otherwise provided in this chapter or as directed by the Chairperson of the Board of Zoning Appeals. Application filing deadlines and Board of Zoning Appeals meeting dates are available at the Planning/Zoning Department. Within 15 days of submittal of the application, staff will determine if the application is complete and can be scheduled for the next available Board of Zoning Appeals meeting. The requirements for applications deemed incomplete by the Zoning Administrator are listed in division (E)(4) below.
(3) Applications for consideration by the Planning Commission shall be submitted no later than 12:00 p.m. on the Friday, six weeks prior to the regularly scheduled Planning Commission meeting, unless otherwise provided in this chapter or as directed by the Chairperson of the Planning Commission. Application filing deadlines and Planning Commission meeting dates are available at the Planning/Zoning Department. Within 15 days of submittal of the application, staff will determine if the application is complete and can be scheduled for the next available Planning Commission meeting. The requirements for applications deemed incomplete by the Zoning Administrator are listed in division (E)(4) below.
(4) Any application that is determined to be incomplete shall, within 15 days of its submittal, be returned to the applicant along with an explanation of the application’s deficiencies. Fees shall not be refunded. No further processing of the application shall occur until the deficiencies are corrected. Once the deficiencies are corrected, the application may be resubmitted without the payment of additional fees, provided that it is resubmitted within six months of the date that the application was returned to the applicant. Applications resubmitted more than six months after the date that the application was returned as incomplete shall require repayment of applicable fees.
(F) Application submittal. Whenever the procedures of this chapter expressly state that applications are to be submitted after a “pre-application conference,” applicants shall be responsible for scheduling and attending such meetings. When pre-application conferences are required, an application shall not be accepted until the pre-application conference has been conducted and any errors or omissions noted in review of the application for completeness have been addressed by the applicant.
(G) Notices.
(1) Content.
(a) All notices, with the exception of posted notices, required under this chapter shall:
1. Indicate the date, time, and place of the public hearing or date of action that is the subject of the notice;
2. Describe the property involved in the application by street address and, if required, by legal description;
3. Describe the nature, scope, and purpose of the application or proposal; and
4. Indicate where additional information on the matter can be obtained.
(b) Posted notices under this chapter shall indicate time and place and indicate where any additional information on the subject of the notice can be obtained.
(2) Types.
(a) Newspaper notice. When the provisions of this chapter require that “newspaper notice” be provided, the official responsible for accepting the application shall ensure that notice is published in a newspaper of general circulation in the town. Unless otherwise expressly provided in state statutes or this chapter, the first required newspaper notice shall be published at least 15 calendar days before the public hearing, meeting or date of action that is the subject of the notice. Newspaper notice shall indicate the time and place or date of action that is the subject of the notice, describe the property involved in the application by street address and, if required, by legal description, describe the nature, scope and purpose of the application or proposal.
(b) Posted notice. When the provisions of this chapter state that “posted notice” should be provided, the official responsible for accepting the application shall post the notice on the subject property in a manner that makes the notice clearly visible to neighboring residents and passers-by from each public street bordering the subject property. Unless otherwise expressly provided in state statutes or in this chapter, posted notice shall be in place at least 15 calendar days before the public hearing, meeting or date of action that is the subject of the notice.
(c) Neighbor notice. When the provisions of this chapter require that “neighbor notice” be provided, the official responsible for accepting the application shall mail notice to the applicant and all property owners within 300 feet of the subject property. Ownership information shall be obtained from the County Assessor’s Office. Unless otherwise expressly provided in state statutes or in this chapter, required neighbor notices shall be deposited in the U.S. mail at least 15 calendar days before the public hearing, meeting or date of action that is the subject of the notice. Failure to provide this notice will not invalidate any action taken.
(d) Parties in interest. When the provisions of this chapter require that notice be sent, the following “parties in interest” shall be notified: the applicant and the owner of the property (if other than applicant). PARTIES IN INTEREST shall mean any individual, associations, corporations, or others who have expressed an interest in writing in an application pending before the Planning/Zoning Department and that has been received by the Zoning Administrator. It is the responsibility of the parties in interest to provide updated contact information to the Planning/Zoning Department. The Planning/Zoning Department will keep the parties in interest contact information on file for one year from the initial date received.
(e) Community interest notice. When the provisions of this chapter require that “community interest notice” be provided, the official responsible for accepting the application shall provide written notice to any individual, group or organization that has submitted a written statement of interest to the Zoning Administrator. When community interest notice is required, courtesy notice will be provided to the Zoning Administrator of any municipality within the planning area of the subject tract. Community interest notice is a courtesy notice; failure to provide this notice will not invalidate any action taken.
(3) Constructive notice. Minor defects in a notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. In all cases, however, the requirements for the timing of the notice and for specifying the date, time and place of a hearing and the location of the subject property shall be strictly construed. If questions arise regarding the adequacy of notice, Review and decision-making bodies shall make formal findings regarding whether there was substantial compliance with the notice requirements of this chapter.
(H) Action by decision-making bodies. Unless otherwise expressly stated, decision-making bodies shall be authorized to approve, approve with conditions or deny applications and permit requests based on compliance with the applicable review and approval criteria. Decision-making bodies shall also be authorized to refer an application back to a review body or to defer action while additional information is being obtained.
(I) Inaction by review and decision-making bodies. When a review or decision-making body fails to take action on an application within the time required, such inaction shall be interpreted as a recommendation of approval of the application, respectively. Timeframes for action may be extended if the applicant consents to the extension. When a review body fails to take action on an application within the time required, the decision-making body shall be free to proceed with its own action on the matter without further awaiting the recommendation of the review body.
(J) Conditions of approval. Unless otherwise expressly stated, decision-making bodies shall be authorized to impose conditions or approval as allowed by law. Conditions may be those deemed necessary to reduce or minimize any potential adverse impact upon other property in the area or to carry out the general purpose and intent of this chapter. All conditions must relate to a situation created or aggravated by the proposed use and be roughly proportional to the impact of the approved use or activity.
(K) Approval criteria; burden of persuasion. In all cases, the applicant shall have the burden of establishing that an application complies with applicable approval criteria.
(L) Public hearings. A public hearing for which proper notice was given may be continued to a later date without again complying with the notice requirements of this chapter, provided that the continuance is set for a certain date and time and the date and time are announced at the public hearing.
(M) Successive applications.
(1) Time limit. If a final decision-making body denies an application for a zoning map amendment, planned development, or special exception use, an application for the same or more intensive zoning, development, or use on the subject parcel, whether the parcel is in its original configuration, expanded, or reduced in area, shall not be accepted for 12 months from the date that the decision-making body acted to deny the application.
(2) Waivers. The time limit of division (M)(1) above notwithstanding, decision-making bodies may, after receipt of written petition by the property owner, waive the waiting period requirement by a vote of members present and voting. If the time limit is waived, the decision-making body shall give written notice to the Zoning Administrator, directing staff to process the application. All re-submissions shall be processed as new application, with prescribed fees. All documents and fees required for the respective type of application shall be included with the new application. Denial of the application shall be final and the 12-month waiting period shall be met before further consideration of a similar application on the subject property.
(3) Applications withdrawn before public hearing notice. Withdrawal of an application by the applicant before advertisement of any public hearing and before any required signs have been posted on the subject property shall be considered a termination of the application. Although no fees shall be refunded, re-application in such cases shall not be subject to the 12-month waiting period.
(4) Applications withdrawn after public hearing notice. Postponement requests and withdrawals of applications that occur after advertisement of any public hearing or after any required signs have been posted on the subject property shall be treated the same as a denied application. Application processing shall terminate upon receipt of written notice from the applicant or owner. Reapplication shall be subject to a 12-month waiting period unless a waiver is granted in accordance with division (M)(2) above.
(5) Requests for postponements of applications to the Board of Zoning Appeals. Requests for postponements of applications from Board of Zoning Appeals public hearings must be made in writing by the applicant. Such requests received after advertisement of any public hearing or after any required signs have been posted on the subject property shall be subject to all applicable application fees as listed in the fee schedule approved by Town Council.
(6) Requests for postponements of applications to the Planning Commission. Requests for postponements of all applications from Planning Commission meetings, with the exception of subdivision applications, must be made in writing and the letter must be signed by both the property owner(s) and the applicant(s). Postponement requests received within ten calendar days of the Planning Commission meeting for which the application is scheduled shall be considered withdrawals. In the event an application is withdrawn for failure to meet the ten-day provision, the applicant must submit a new application in compliance with division (E) above, “Application completeness and submission deadlines,” and all applicable fees must be paid. The Planning Commission may waive the required fees when the request for postponement is made due to extenuating circumstances as determined in the sole discretion of the Planning Commission.
(N) Vested rights. Vested rights shall be consistent with S.C. Code Title 6, Chapter 29, Art. 11, Vested Rights.
(Ord. 2012-06, § 3.1, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012)
§ 153.041 COMPREHENSIVE PLAN AMENDMENTS.
(A) Pre-application conference and application filing. Applications for amendments to the Comprehensive Plan shall be submitted by individuals or groups of individuals to the Zoning Administrator on forms available in the Planning/Zoning Department.
(1) Prior to the submittal of an application for a Comprehensive Plan amendment, applicants shall participate in a pre-application conference scheduled with the Zoning Administrator. A pre-application conference is not required for applications submitted by the county.
(2) Applications for amendments to the Comprehensive Plan shall be submitted by individuals or groups of individuals to the Zoning Administrator on forms available in the Planning/Zoning Department.
(3) No application for a Comprehensive Plan amendment shall be accepted as complete unless it includes the required fee and the following information:
(a) Completed Comprehensive Plan amendment application signed by the current property owner(s) or applicant(s);
(b) Twenty copies of the applicant’s letter of intent explaining the objective of the proposed amendment(s) and how the criteria listed in division (F) are met;
(c) Twenty copies of the proposed changes to the Comprehensive Plan based on the current Comprehensive Plan in effect and showing proposed text deletions as strike-through text and proposed text additions in bold, italic text. Proposed changes to any Comprehensive Plan map shall be illustrated in a map format similar to the existing Comprehensive Plan maps and shall be labeled as “proposed amendment;” and
(d) Any other information that the Planning Commission determines is reasonably necessary to make an informed decision as to whether the application complies with the standards of this section.
(4) Applications for Comprehensive Plan amendments shall comply with § 153.040(E), Application completeness and submission deadlines, of this code.
(5) The applicant may hold a community workshop for the proposed Comprehensive Plan amendment. The purpose of a community workshop is to ensure early citizen participation in an informal forum, in conjunction with development applications, and to provide an applicant the opportunity to understand and try to mitigate any impacts an application may have on an affected community. The workshop shall ensure that citizens and property owners have an adequate opportunity to learn about applications that may affect them and to work with the applicant to resolve any concerns at this stage of the process. A community workshop is not intended to produce complete consensus on all applications, but to encourage applicants to be good neighbors. If the applicant chooses to hold a community workshop, a summary of the workshop may be submitted with the application for the Comprehensive Plan amendment.
(B) Public hearing notice. Newspaper notice of public hearing on Comprehensive Plan amendments shall be provided at least 30 calendar days before the hearing. Newspaper and parties in interest notice shall be provided in accordance with § 153.040(G) of this code.
(C) Zoning Administrator review and report. The Zoning Administrator shall review each proposed Comprehensive Plan amendment in light of the approval criteria of division (F) below and, if deemed necessary, distribute the application to other agencies and reviewers. Based on the results of those reviews, the Zoning Administrator shall provide a report on the proposed amendment to the Planning Commission. The Zoning Administrator shall have at least 30 calendar days to conduct required reviews.
(D) Planning Commission review and recommendation. The Planning Commission shall review the proposed amendment and adopt a resolution, by majority vote of the members present and voting, recommending that the Town Council approve, approve with conditions, or deny the proposed amendment, based on the approval criteria of division (F) below.
(E) Town Council hearing and decision. After receiving the recommendations of the Planning Commission, the Town Council shall hold at least one public hearing and, any time after the close of the public hearing, act to approve, approve with conditions, or deny the proposed Comprehensive Plan amendment, based on the approval criteria of division (F) below. A majority of the entire Town Council membership shall be required to approve, approve with conditions, or disapprove the amendment.
(F) Approval criteria. Comprehensive Plan amendments may be approved by the Town Council only if they determine that the proposed amendment is consistent with the overall purpose and intent of the Comprehensive Plan and that any one of the following criteria has been met:
(1) There was a significant error in the original Comprehensive Plan adoption;
(2) In adopting the Comprehensive Plan, the Town Council failed to take into account facts, projections, or trends that were reasonably foreseeable to exist in the future;
(3) Events, trends, or facts after adoption of the Comprehensive Plan have changed the Town Council’s original findings made upon Plan adoption; or
(4) Events, trends, or facts after adoption of the Comprehensive Plan have changed the character or condition of an area, making the proposed amendment necessary.
(G) Final action. Comprehensive Plan amendments shall be adopted by ordinance.
(H) Notice of decision. Following final action by the Town Council, the Zoning Administrator and or the Town Clerk shall be responsible for providing the applicant with written notice of the decision.
(Ord. 2012-06, § 3.2, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012; Ord. 2018-02, passed 5-17-2018)
§ 153.042 ZONING AND LAND DEVELOPMENT REGULATIONS AMENDMENTS.
(A) Application filing.
(1) Applications for amendments to the text of this chapter shall be submitted to the Zoning Administrator on forms available in the Planning/Zoning Department.
(2) No application for a Zoning and Land Development Regulations text amendment shall be accepted as complete unless it includes the required fee and the following information:
(a) Completed Zoning and Land Development Regulations text amendment application signed by the current property owner(s) or applicant(s);
(b) Twenty copies of the applicant’s letter of intent explaining the proposed amendment(s) and how it meets the criteria listed in division (F) below;
(c) Twenty copies of the proposed text amendment based on the current ordinance in effect and showing proposed deletions as strike-through text and proposed additions in bold, italic text;
(d) Restrictive covenants affidavit(s) signed by the applicant or current property owner(s) in compliance with state law, if applicable; and
(e) Any other information that the Planning Commission determines is reasonably necessary to make an informed decision as to whether the application complies with the standards of this section.
(3) Applications for Zoning and Land Development Regulations text amendments shall comply with § 153.040(E), Application completeness and submission deadlines, of this code.
(B) Public hearing notice. Newspaper and party in interest notice of the Town Council’s public hearing shall be provided in accordance with the requirements of § 153.040(G). Newspaper notice of a public hearing regarding any proposed amendments to §§ 153.300 through 153.315, Subdivision regulations, shall be made at least 30 calendar days prior to a public hearing on any proposed amendments.
(C) Zoning Administrator review and report. The Zoning Administrator shall review each proposed text amendment in light of the approval criteria of division (F) below and provide a report to the Planning Commission. The Zoning Administrator shall have at least 30 calendar days to conduct required reviews.
(D) Planning Commission review and recommendation. The Planning Commission shall review the proposed amendment and take action by majority vote of the members present and voting, recommending that the Town Council approve or deny the proposed amendment. The Planning Commission’s recommendation shall be based on the approval criteria of division (F) below. The Planning Commission shall submit its recommendation to the Town Council within 30 calendar days of the Planning Commission meeting at which the amendment was introduced.
(E) Town Council hearing and decision. After receiving the recommendation of the Planning Commission, the Town Council shall hold at least one public hearing, and, any time after the close of the public hearing, take action to approve, approve with modifications, or deny the proposed amendment based on the approval criteria of division (F) below. A simple majority vote of Town Council members present and voting shall be required to approve the amendment.
(F) Approval criteria. Text amendments to this chapter may be approved if the following approval criteria have been met:
(1) The proposed amendment corrects an error or inconsistency or meets the challenge of a changing condition;
(2) The proposed amendment is consistent with the adopted Town Comprehensive Plan and goals as stated in § 153.005; and
(3) The proposed amendment is to further the public welfare in any other regard specified by Town Council.
(G) Final action. Text amendments shall be adopted by ordinance.
(H) Notice of decision. Following final action by the Town Council, the Zoning Administrator and/or the Town Clerk shall be responsible for providing the applicant with written notice of the decision.
(I) Pending text amendments. No application for a zoning permit, building permit, or certificate of occupancy shall be accepted for property within any area involved in or affected by a pending ordinance text amendment if the zoning permit, building permit, or certificate of occupancy would allow uses or activities that would be forbidden under the proposed amendment. This prohibition on acceptance of applications shall apply from the date that the application is filed until action on the amendment is taken by Town Council.
(Ord. 2012-06, § 3.3, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012; Ord. 2018-02, passed 5-17-2018)
§ 153.043 ZONING MAP AMENDMENTS.
(A) Application filing.
(1) Applications for amendments to the official zoning map (rezonings) shall be submitted to the Zoning Administrator on forms available in the Planning/Zoning Department.
(2) Upon submission of a rezoning application, no additional rezoning applications shall be accepted for the subject property until the original application has been withdrawn or the Town Council has rendered its final decision and all applicable time limits on re-filing have expired.
(3) No application for a zoning map amendment shall be accepted as complete unless it includes the required fee and the following information:
(a) Completed zoning map amendment application signed by the current property owner(s);
(b) A copy of a legible approved and recorded plat showing current property boundaries;
(c) A copy of the current, recorded deed;
(d) Restrictive covenants affidavit(s) signed by the applicant or current property owner(s) in compliance with state law; and
(e) Any other information that the Planning Commission determines is reasonably necessary to make an informed decision as to whether the application complies with the standards of this section.
(4) Applications for zoning map amendments shall comply with § 153.040(E), Application completeness and submission deadlines, of this code.
(B) Public hearing notice. Public notice, neighbor, parties in interest, and posted notice of the Town Council’s public hearing shall be provided in accordance with the requirements of § 153.040(G) of this code.
(C) Zoning Administrator review and report. The Zoning Administrator shall review each proposed zoning map amendment in light of the approval criteria of division (F) below, and, if deemed necessary, distribute the application to other agencies and reviewers. Based on the results of those reviews, the Zoning Administrator shall provide a report on the proposed amendment to the Planning Commission. The Zoning Administrator shall have at least 30 working days to conduct required reviews.
(D) Planning Commission review and recommendation. The Planning Commission shall review the proposed zoning map amendment and adopt a resolution, by majority vote of the members present and voting, recommending that the Town Council approve or deny the proposed zoning map amendment. The Planning Commission’s recommendation shall be based on the approval criteria of division (F) below. The Planning Commission shall submit its recommendation to the Town Council within 30 calendar days of the Planning Commission meeting at which the zoning map amendment was introduced.
(E) Town Council hearing and decision. After receiving the recommendation of the Planning Commission, the Town Council shall hold at least one public hearing, and, any time after the public hearing, take action to approve or deny the proposed zoning map amendment based on the approval criteria of division (F) below. A simple majority vote of Town Council members present and voting shall be required to approve the amendment. Zoning map amendments shall not be approved “with conditions” except planned developments or property developments under the state’s Local Government Development Agreement Act (1993), being S.C. Code §§ 6-31-10 et seq., as amended.
(F) Approval criteria. Zoning map amendments may be approved only if the proposed amendment corrects an error or inconsistency, meets the challenge of some changing condition in the area, or if all of the following criteria are met:
(1) The proposed amendment is consistent with the Comprehensive Plan and the stated purposes of this chapter;
(2) The proposed amendment will allow development that is compatible with existing uses and zoning of nearby property;
(3) The town and other service providers will be able to provide adequate water and sewer supply, storm water facilities, waste disposal, and other public facilities and services to the subject property, while maintaining adequate levels of service to existing development;
(4) The applicant provides documentation that the proposed amendment will not result in significant adverse impacts on other property in the vicinity of the subject tract or on the environment, including air, water, noise, storm water management, traffic congestion, wildlife, and natural resources; and
(5) The subject property is suitable for proposed zoning classification considering such things as parcel size, parcel configuration, road access, and the presence of natural resources and amenities.
(G) Final action. Zoning map amendments shall be adopted by ordinance.
(H) Notice of decision. Following the final action by the Town Council, the Zoning Administrator shall be responsible for providing the applicant with written notice of the decision and for revising the official zoning map, if the amendment was adopted.
(Ord. 2012-06, § 3.4, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012; Ord. 2018-02, passed 5-17-2018)
§ 153.044 PLANNED DEVELOPMENT ZONING DISTRICT.
Planned developments shall adhere to the procedures and guidelines contained in § 153.078, PD, Planned Development Zoning District, and shall be considered zoning and map amendments.
(Ord. 2012-06, § 3.5, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012)
§ 153.045 SPECIAL EXCEPTIONS.
(A) Application filing.
(1) Applications for special exceptions shall be submitted to the Zoning Administrator on forms available in the Planning/Zoning Department.
(2) Upon submission of a special exception application, no additional special exception applications shall be accepted for the subject property until the original application has been withdrawn or the decision-making body has rendered its final decision and all applicable time limits on refiling have expired.
(3) Special exception applications shall comply with § 153.040(E), Application completeness and submission deadlines, of this code.
(4) No application for a special exception shall be accepted as complete unless it includes the required fee and the following information:
(a) Completed special exception application signed by the current property owner(s);
(b) The applicant’s letter of intent explaining the proposed use and how it meets the approval criteria of division (E) below;
(c) Site plan drawn to an engineer’s scale showing the property dimensions, dimensions and locations of existing and proposed structures and improvements, parking areas, grand trees, wetlands (properties containing DHEC-OCRM critical line areas must contain an up to date DHEC-OCRM signature on the site plan or plat), holding basins and buffers when applicable. One 24 by 36 copy and 15 reduced 11 by 17 copies shall be submitted;
(d) A copy of a legible approved and recorded plat;
(e) Restrictive covenants affidavit(s) signed by the applicant or current property owner(s) in compliance with state law; and
(f) Any other information that the Zoning Administrator determines is necessary to make an informed decision as to whether the application complies with the standards required by this section.
(5) All proposed special exception uses, except placement of manufactured housing, shall satisfy the site plan review process. Applicants shall attend at least one site plan review meeting prior to submitting the application for special exception.
(B) Public hearing notice. Newspaper, neighbor, parties in interest and posted notice for the Board of Zoning Appeals’ public hearing shall be provided in accordance with the requirements of § 153.040(G) of this code.
(C) Zoning Administrator review and report. The Zoning Administrator shall review each proposed special exception in light of the approval criteria of division (E) below, and, if deemed necessary, distribute the application to other agencies and reviewers. Based on the results of those reviews, the Zoning Administrator shall provide a report on the proposed special exception to the Board of Zoning Appeals.
(D) Board of Zoning Appeals hearing and decision.
(1) The Board of Zoning Appeals shall hold at least one public hearing on the proposed special exception and, within a reasonable time following the close of the public hearing, act to approve, approve with conditions, or deny the proposed special exception based on the approval criteria of division (E) below.
(2) A majority of the Board of Zoning Appeals constitutes a quorum.
(3) A majority of the members present and voting are required to approve a special exception.
(E) Approval criteria.
(1) Special exceptions may be approved only if the Board of Zoning Appeals finds that the proposed use:
(a) Is consistent with the recommendations contained in the Town Comprehensive Plan and the character of the underlying zoning district “purpose and intent;”
(b) Is compatible with existing uses in the vicinity and will not adversely affect the general welfare or character of the immediate community;
(c) Adequate provision is made for such items as: setbacks, buffering (including fences and/or landscaping) to protect adjacent properties from the possible adverse influence of the proposed use, such as noise, vibration, dust, glare, odor, traffic congestion, and similar factors;
(d) Where applicable, will be developed in a way that will preserve and incorporate any important natural features;
(e) Complies with all applicable rules, regulations, laws, and standards of this chapter, including but not limited to any use conditions, zoning district standards, or site plan review requirements of this chapter; and
(f) Vehicular traffic and pedestrian movement on adjacent roads shall not be hindered or endangered.
(2) In granting a special exception, the Board of Zoning Appeals may attach to it such conditions regarding the location, character, or other features of the proposed building or structure as the Board may consider advisable to protect established property values in the surrounding area or to promote the public health, safety, or general welfare.
(F) Final decision and orders. Final decisions and orders of the Board must be in writing and be filed in the Office of the Zoning Administrator as a public record. Final decisions shall be available for public inspection during regular office hours. 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 in interest by certified mail. As a courtesy notice, the orders of the Board may be sent via U.S. mail to persons on the neighborhood notice list.
(G) Notice of decision. The written final decision shall be mailed to all parties in interest by certified mail and published once in a newspaper of general circulation in the town.
(H) Appeals. Any person with a substantial interest in a decision of the Board of Zoning Appeals or any officer, board, or bureau of the town may appeal a final decision of the Board of Zoning Appeals to the Circuit Court of the town. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 calendar days after the decision of the Board of Zoning Appeals is mailed.
(I) Lapse of approval. An approved special exception shall lapse and be of no further effect consistent with S.C. Code Title 6, Chapter 29, Art. 11, Vested Rights.
(Ord. 2012-06, § 3.6, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012)
§ 153.046 SITE PLAN REVIEW.
(A) Applicability.
(1) Except as expressly exempted in § 153.047(B), the site plan review procedures shall apply to:
(a) New development, redevelopment, and property improvements that increase by more than 25% of the number of parking spaces, the area devoted to vehicular use areas, or the gross floor area of building; and
(b) Any change in use to a more intensive use, as determined by the Zoning Administrator.
(2) The entire site shall be brought into compliance with all applicable ordinance standards at the time of site plan review.
(B) Applications. Applications for site plan review shall be submitted to the Zoning Administrator on forms available in the Planning/Zoning Department.
(C) Review and action; Site Plan Review Committee. The Site Plan Review Committee shall review each site plan application in light of the applicable approval criteria of division (D) below and act to approve, approve with conditions, or deny the site plan application. The Site Plan Review Committee consists of representatives from the Planning/Zoning Department, Department of Public Works, State Department of Health and Environmental Control (DHEC), Department of Transportation, Corps of Engineers, and Office of Ocean and Coastal Resources Management, and other departmental representatives as deemed necessary by the Zoning Administrator, each of whom addresses the issues relevant to his or her respective department’s responsibilities.
(D) Approval criteria. A site plan application may not be approved unless the Zoning Administrator finds that the proposed project complies with all applicable provision of this chapter.
(E) Appeals. Appeals shall be processed in accordance with the procedures of § 153.052 of this code.
(F) Amendments. The procedure for amending a site plan shall be the same as required for the original approval.
(G) Expiration and lapse of approval. Site plan review approvals shall be consistent with S.C. Code Title 6, Chapter 29, Art. 11, Vested Rights.
(Ord. 2012-06, § 3.7, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012)
§ 153.047 ZONING PERMITS.
(A) Applicability.
(1) Except as expressly exempted in division (B) below, a zoning approval shall be required before any of the following activities:
(a) The issuance of a building permit under the Town Building Code;
(b) Excavation preparatory to constructing a structure for which a building permit is required;
(c) Improving any zoning lot by grading, filling, or surfacing or by constructing a driveway in conjunction with the construction of a single-family residence or by constructing or enlarging parking areas containing more than six spaces;
(d) Change in the use classification of any part of a structure or lot, including any increase in the number of families or dwelling units occupying a building or lot;
(e) Installation of any sign (on-premises or off-premises);
(f) Moving of any house or mobile home;
(g) Prior to obtaining a business license;
(h) Any earth disturbing activity; or
(i) Clearing and grubbing, including grading, drainage, or the construction of roads or utilities in a subdivision.
(2) Prior to issuance of a zoning permit, a pre-construction planning conference for tree preservation, as specified in § 153.334, shall be held with the Zoning Administrator’s representative, the applicants, and any parties deemed appropriate for the purpose of determining if there is a need for additional tree protection techniques and for designating placement of tree barricades, construction employee parking, temporary construction offices, and dumpsters.
(3) Agricultural uses shall be subject to the applicable provisions of § 153.334, Tree protection and preservation.
(B) Exemptions.
(1) Agriculture. A zoning approval shall not be required with respect to any parcel of land being used for a bona fide, principal agricultural use as of October 18, 2012, including: farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry, forestry, and other uses or enterprises customarily carried on in the field of general agriculture, including the necessary accessory uses for packing, treating, or storing of produce, in any zoning district. The operation of any accessory use shall be secondary to that of the normal agricultural activity.
(2) Utility lines. A zoning approval shall not be required for a service connection with established electric distribution or transmission lines, water lines, sewer, gas, or other pipelines, provided that such facilities shall comply with all other applicable standards of this chapter. Installation of new main or distribution trunk lines for water, sewer, or gas shall not be exempt.
(3) Fences. A zoning permit shall not be required for the installation of any fence that is less than six feet in height and exempt from Town Building Code requirements, as amended, except those made of brick, stone, or concrete. Fence installation must also comply with the vision clearance requirements of § 153.066(C) of this code.
(4) Accessory structures. A zoning permit shall not be required for the placement of one, 1-story detached accessory structure used as a tool or storage shed, playhouse, or similar accessory structure, provided the building footprint does not exceed 120 square feet. In the event that one detached accessory structure already exists on the subject property, a zoning permit is required for any additional detached accessory structure. Detached accessory structures must also comply with all applicable standards of the Zoning and Land Development Regulations Ordinance.
(C) Application filing. Applications for zoning permits shall be filed with the Zoning Administrator on forms available in the Planning/Zoning Department, which shall include the following items:
(1) For all new construction or changes in building footprint, applications shall include a site plan drawn to engineer’s scale that shows proper dimensions, dimensions and locations of all existing and proposed structures and accessories, setbacks, driveways, and wetlands/OCRM critical line, if applicable;
(2) Applications shall include an approved, recorded plat indicating new county parcel ID number or if an approved, recorded plat is not available, the application shall include a county parcel boundary map showing the subject parcel, surrounding properties, and county parcel ID number;
(3) Proposed construction, including accessory uses and structures, if occurring on more than one abutting lot of record, shall not be placed on property lines and must meet all setback requirements;
(4) Applications shall include a current letter of availability from local providers for public water and/or sewer. If water and/or sewer service is not available, a well and/or septic tank permit final approval from S.C. DHEC shall be required;
(5) Applications shall include an approved tree survey showing grand trees (24-inch DBH or greater, except pine trees) in the footprint, and within 20 feet, of any proposed construction as required by this chapter unless the applicant provides a signed statement indicating no protected trees will be affected;
(6) For all structures requiring a new address (e.g., new building construction, power poles, irrigation systems, or accessory structures with electrical service), written address confirmation must be obtained from the Planning/Zoning Department. A site plan showing the location of the proposed structure and street access is required for address confirmation. The site plan should also show the street access for all existing structures; and
(7) Commercial, multi-family, office, industrial, and other nonresidential uses require site plan review approval prior to an application for a zoning permit.
(D) Zoning Administrator review and action.
(1) When an application is made for a zoning permit for improvements and uses that comply with all requirements of this chapter, the Zoning Administrator shall issue a zoning permit and return a signed copy of the application, including plan, to the applicant within 30 calendar days of receipt of the application.
(2) When the Zoning Administrator receives a zoning permit application for improvements or uses that do not comply with all requirements of this chapter, the Zoning Administrator shall deny the zoning permit application, and, within 30 calendar days of receipt of the application, return the application, including plan, to the applicant along with written notice of the denial, and cite the sections of this chapter with which the application does not comply.
(3) When a zoning permit application includes a request for a variance or an appeal of an administrative decision, the Zoning Administrator shall transmit such application, together with all supporting information, within 30 working days of receipt of the application, to the Board of Zoning Appeals for its review. Upon receipt of a written order from the Board of Zoning Appeals, the Zoning Administrator shall complete the ordered action within ten working days of receipt of the order.
(E) Effect of permit issued.
(1) After a zoning approval is given for construction requiring a building permit, the Building Inspection Services Director shall issue a building permit when the requirements of the Building Codes have been met in the submitted plan.
(2) After a zoning permit is issued for a use or construction not requiring a building permit, the applicant may proceed to carry out the improvement described in the approved zoning permit application.
(F) Lapse of approval. A zoning approval shall be consistent with S.C. Code Title 6, Chapter 29, Art. 11, Vested Rights.
(G) Administrative permits.
(1) Temporary zoning permits.
(a) The Zoning Administrator may issue a temporary zoning permit not to exceed a one-year period, provided such uses are in compliance with and are authorized by this chapter. Permits for permanent installation shall be obtained simultaneously with the temporary zoning permit.
(b) Temporary zoning permits may be issued for temporary installation of the following if located on the same zoning lot as the permanent installation:
1. Manufactured housing unit installation to be used as a residence while the permanent residential structure is being built;
2. Temporary office for construction office or security guard quarters;
3. Temporary structure for commercial use while construction of the permanent structure is in progress; and
4. Temporary power permits for construction of permitted uses.
(c) A temporary zoning permit may be issued by the Zoning Administrator to move a single- family detached home, modular home, or manufactured home to a lot of record, subject to the following:
1. The lot on which the home is placed must be zoned for residential use;
2. The lot on which the home is placed must comply with all requirements for the applicable zoning district;
3. An application for a temporary zoning permit shall be completed by the owner of the property on a form established by the Zoning Administrator prior to movement of the home;
4. The home will not be occupied until a certificate of occupancy is issued after a complete zoning and building permit application has been approved and all requirements of this chapter have been complied with; and
5. The temporary zoning permit is valid for a period not to exceed 30 days from the date the permit is issued.
(d) The temporary zoning permit may be renewed by the Zoning Administrator if the applicant provides documentation indicating they have submitted a complete application for a zoning permit and building permit.
(f) All regulatory agencies may inspect at any time for safety and non-movement of the temporary placement and require further installation safeguards in compliance with these regulations.
(2) Renewal of temporary zoning permits.
(a) Renewal of temporary zoning permits may be granted for one additional year when construction is being actively pursued, and it is evident that progress is being made in construction. Extensions beyond the renewal shall be processed as a special exception.
(b) The temporary use of a manufactured housing unit as an accessory dwelling unit as per §§ 153.110, 153.120 through 153.180, 153.200 through 153.217, 153.230 through 153.234, and 153.250 through 153.255 of this code may be renewed annually subject to the criteria listed in § 153.230, Accessory uses and structures allowed, of the temporary uses subchapter §§ 153.230 through 153.234.
(c) Administrative review and renewal of a special exception for an accessory dwelling unit shall occur every five years and will be contingent upon confirmation by the Zoning Administrator that the structure complies with the accessory dwelling provisions of this chapter.
(3) Minor repair permits. If an application for a zoning permit is to effect only minor repairs, the Zoning Administrator shall be authorized to waive the requirement for an approved plat, site plan, and/or septic tank approval. The work to be performed shall be clearly defined in the zoning permit.
(4) Emergency permits.
(a) Individual. When a use, structure or building has been damaged or destroyed by fire, flood, wind, or other act of God, and strict compliance with zoning permit requirements will impair the health and safety of the affected individuals or the security of the premises, the Zoning Administrator may declare an emergency condition and grant a temporary administrative permit in accordance with the following requirements:
1. If the use, structure, or building complies with all applicable requirements of this chapter, a nonrenewable, temporary administrative permit shall be issued for a period not to exceed one year;
2. If the use, structure, or building is a legal nonconformity, and less than 50% of the appraised value has been damaged or destroyed, a nonrenewable, temporary administrative permit shall be issued for a period not to exceed one year; or
3. If the use, structure, or building is a legal nonconformity, and 50% or more of the appraised value has been damaged or destroyed, only emergency housing or the use of manufactured housing units for the conduct of emergency business operations while relocation efforts are in progress shall be allowed. The nonrenewable, temporary administrative permit shall be issued for a period not to exceed six months.
(b) Community. Where a major disaster affects the health, safety, or welfare of the general public and compliance with zoning permit requirements will delay remedial action, the Zoning Administrator shall be authorized, upon approval of the Town Administrator, to waive zoning permit requirements for a specified period of time.
(Ord. 2012-06, § 3.8, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012) Penalty, see § 153.999
§ 153.048 CERTIFICATES OF OCCUPANCY.
(A) Applicability. No structure or zoning lot or part thereof for which a zoning permit has been issued shall be used or occupied until the Building Official and/or the Zoning Administrator has, after final inspection, issued a certificate of occupancy indicating that the use or structure complies with all applicable requirements of the zoning permit and this chapter. This certificate of occupancy may be combined with or made a part of the certificate of occupancy required under the Building Code. The issuance of a certificate of occupancy shall not be construed as waiving any provision of this chapter or the applicable zoning permit.
(B) Utility connections.
(1) Electric or gas utility companies or cooperatives shall not provide their respective utility until receipt of an approved certificate of occupancy.
(2) Temporary electrical power permits shall require authorization from the Zoning Administrator prior to such services being provided by the utility companies.
(3) Temporary power poles shall require authorization from the Planning/Zoning Department and inspection by the building inspector and the utility before power is permitted to be turned on.
(Ord. 2012-06, § 3.9, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012)
§ 153.049 ZONING VARIANCES.
(A) Applicability; limitations. The Board of Zoning Appeals shall be authorized to approve zoning variances to any zoning-related dimensional, design, or performance standard set forth in this chapter, provided that the approval criteria of division (F) below are met and provided that such zoning variance does not have the effect of:
(1) Permitting a use, activity, business, or operation that is not otherwise allowed by the use regulations of the underlying zoning district;
(3) Increasing the density of a residential use above that permitted by the underlying district;
(4) Varying the sign regulations of this chapter;
(6) Varying or waiving any other standard of this chapter that is expressly stated as being ineligible for a zoning variance.
(B) Application filing.
(1) Applications for zoning variances shall be submitted to the Zoning Administrator on forms available in the Planning/Zoning Department.
(2) Zoning variance applications shall comply with § 153.040(E), Application completeness and submission deadlines, of this code.
(3) No application for a zoning variance shall be accepted as complete unless it includes the required fee and the following information:
(a) Completed zoning variance application signed by the current property owner(s);
(b) Applicant’s letter of intent explaining the requested zoning variance and how it meets the approval criteria of division (F) below;
(c) Site plan drawn to engineer’s scale showing the property dimensions, dimensions and locations of existing and proposed structures and improvements, parking areas, grand trees, wetlands (properties containing DHEC-OCRM critical line areas must contain an up to date DHEC-OCRM signature on the site plan or plat), holding basins, and buffers when applicable. One 24 by 36 copy and 15 reduced 11 by 17 copies shall be submitted;
(d) A copy of a legible approved and recorded plat;
(e) Restrictive covenants affidavit(s) signed by the applicant or current property owner(s) in compliance with state law; and
(f) Any other information that the Zoning Administrator determines is necessary to make an informed decision as to whether the application complies with the standards required by this section.
(4) All proposed zoning variances, except single-family residential development, shall satisfy the site plan review process. Applicants shall attend at least one site plan review meeting prior to submitting an application for a zoning variance.
(5) Separate applications and fees shall be filed for more than one variance request to each requirement of this chapter. If an applicant requests a variance for removal of more than one protected/ grand tree, each additional protected/grand tree shall require an additional fee.
(C) Public hearing notice. Newspaper, neighbor, parties in interest and posted notice of the Board of Zoning Appeals’ public hearing shall be provided in accordance with the requirements of § 153.040(G) of this code.
(D) Zoning Administrator review and report. The Zoning Administrator shall review each proposed zoning variance in light of the approval criteria of division (F) below and, if deemed necessary, distribute the application to other agencies and reviewers. Based on the results of those reviews, the Zoning Administrator shall provide a report on the proposed zoning variance to the Board of Zoning Appeals.
(E) Board of Zoning Appeals hearing and decision. The Board of Zoning Appeals shall hold at least one public hearing on the proposed zoning variance and, within a reasonable time after the close of the public hearing, act to approve, approve with conditions, or deny the proposed zoning variance based on the approval criteria of division (F) below. A quorum of the Board of Zoning Appeals shall be achieved when the number of members in attendance equals more than one-half of the total membership of the Board of Zoning Appeals. A simple majority of the members present and voting shall be required to approve a zoning variance.
(F) Approval criteria.
(1) The Board of Zoning Appeals has the authority to hear and decide appeals for a zoning variance when strict application of the provisions of this chapter would result in unnecessary hardship.
(2) A zoning variance may be granted in an individual case of unnecessary hardship if the Board of Zoning Appeals 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 chapter to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property;
(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 zoning district will not be harmed by the granting of the variance;
(e) The Board of Zoning Appeals shall not grant a variance 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, or to change the zoning district boundaries shown on the official zoning map;
(f) The need for the variance is not the result of the applicant’s own actions; and
(g) Granting of the variance does not substantially conflict with the Comprehensive Plan or the purposes of this chapter.
(3) In granting a variance, the Board of Zoning Appeals may attach to it such conditions regarding the location, character, or other features of the proposed building or structure as the Board may consider advisable to protect established property values in the surrounding area or to promote the public health, safety, or general welfare.
(G) Factors not to be considered. The fact that property may be utilized more profitably if a zoning variance is granted shall not be considered grounds for granting a zoning variance.
(H) Final decisions and orders. Final decisions and orders of the Board must be in writing and be filed in the Office of the Zoning Administrator as a public record. Final decisions shall be available for public inspection during regular office hours. 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 in interest by certified mail. As a courtesy notice, the orders of the Board may be sent via U.S. mail to neighborhood notice list.
(I) Notice of decision. The written final decision shall be mailed to all parties in interest by certified mail and published once in a newspaper of general circulation in the county.
(J) Appeals. Any person with a substantial interest in a decision of the Board of Zoning Appeals or any officer, board, or bureau of the town may appeal a final decision of the Board of Zoning Appeals to the Circuit Court. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 calendar days after the decision of the Board of Zoning Appeals is mailed.
(K) Lapse of approval. An approved zoning variance shall lapse and be of no further effect consistent with S.C. Code Title 6, Chapter 29, Art. 11, Vested Rights.
(Ord. 2012-06, § 3.10, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012)
§ 153.050 WRITTEN INTERPRETATIONS OF CHAPTER.
(A) Application filing. Applications for written interpretations of this chapter shall be submitted to the Zoning Administrator on forms available in the Planning/Zoning Department.
(B) Zoning Administrator review and decision. Within 30 working days of receipt of a complete application for a written interpretation, the Zoning Administrator shall:
(1) Review and evaluate the application in light of this chapter, the Comprehensive Plan, and any other relevant documents;
(2) Consult with other staff as necessary; and
(3) Render a written interpretation.
(C) Form. The interpretation shall be provided to the applicant in writing and shall be filed in the official record of interpretations.
(D) Official record of interpretations. An official record of interpretations shall be kept on file in the Planning/Zoning Department. The record of interpretations shall be available for public inspection in the Planning/Zoning Department during normal business hours.
(E) Appeals. Appeals of the Zoning Administrator’s written interpretation shall be taken to the Board of Zoning Appeals in accordance with procedures of § 153.052. If the appeal results in a change of interpretation, the new interpretation shall be filed in the official record of interpretations.
(Ord. 2012-06, § 3.11, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012)
§ 153.051 PUBLIC PROJECT REVIEW.
(A) Applicability. Public project review shall apply to all public projects except those expressly exempt under S.C. Code § 6-29-540.
(B) Application filing. Applications for public project review shall be submitted to the Zoning Administrator on forms available in the Planning/Zoning Department.
(C) Public hearing notice. Newspaper and parties in interest notice of the Planning Commission meeting shall be provided in accordance with the requirements of § 153.040(G) of this code.
(D) Zoning Administrator review and report. The Zoning Administrator shall review each proposed public project in light of the Comprehensive Plan. Based on the results of that review, the Zoning Administrator shall provide a report on the proposed public project to the Planning Commission.
(E) Planning Commission review and decision.
(1) The Planning Commission shall review the public project to determine whether it is consistent with the Comprehensive Plan. This determination shall include written findings. The Planning Commission may hold one or more public hearings in accordance with the requirements of § 153.040(G) prior to completing its review.
(2) If the Planning Commission finds the proposal conflicts with the Comprehensive Plan, it shall forward its written findings and an explanation of its reasoning to the public entity proposing the project.
(3) If the public entity proposes to proceed with its public project in conflict with the Comprehensive Plan, then the entity must publicly state its intention to proceed and its reasons for proceeding. The public entity must provide written notice of its intention to proceed and its reasons to the Planning Commission, as well as public notice in a publication of general circulation at least 30 days in advance of award of a contract or beginning construction of the proposed public project.
(Ord. 2012-06, § 3.12, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012)
§ 153.052 APPEAL OF ZONING-RELATED ADMINISTRATIVE DECISIONS.
(A) Authority. The Board of Zoning Appeals shall be authorized to hear and decide appeals only on zoning-related matters where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative official in the administration or enforcement of any of the zoning-related regulations of this chapter. The Board of Zoning Appeals shall have no authority to hear or decide appeals from administrative decision made pursuant to the subdivision regulations of §§ 153.300 through 153.315.
(B) Right to appeal. Appeals of administrative decisions on zoning-related matters may be filed by any officer, board, or bureau of the town or by any person with a substantial interest in a decision of an administrative official. Fees for the appeal are to be paid by the applicant.
(C) Application filing; timing. Applications for appeals of administrative decisions on zoning-related matters shall be submitted to the Zoning Administrator on forms available in the Planning/Zoning Department. Appeals of administrative decision to grant or deny a zoning permit shall be filed within 30 calendar days of receiving notice of the action being appealed.
(D) Effect of filing. The filing of a complete application for appeal stays all proceedings in furtherance of the action appealed, unless the official whose decision is being appealed certifies to the Board of Zoning Appeals, after the appeal is filed, that because of facts stated in the certification, a stay would cause immediate peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Zoning Appeals or by a court of record.
(E) Record of administrative decision. The official whose decision is being appealed shall transmit to the Board of Zoning Appeals all papers constituting the record upon which the action appealed is taken.
(F) Public hearing notice. Newspaper notice and notice to parties in interest of the Board of Zoning Appeals’ public hearing shall be provided in accordance with the requirements of § 153.040(G) of this code. The applicant shall be responsible for the cost of fees incurred as part of an appeal.
(G) Board of Zoning Appeals review and action.
(1) The Board of Zoning Appeals shall hold at least one public hearing on the appeal and, within a reasonable time following the close of the public hearing, take final action based on the procedures and requirements of this section.
(2) In exercising the appeal power, the Board of Zoning Appeals shall have all the powers of the official from whom the appeal is taken, and the Board of Zoning Appeals may reverse or affirm, wholly or in part, or may modify the decision being appealed.
(3) If the Board of Zoning Appeals determines that it is necessary to obtain additional evidence in order to resolve the matter, it shall remand the appeal to the official from whom the appeal is taken. With directions to obtain such evidence and to reconsider the decision in light of such evidence and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct issuance of a permit. The Board of Zoning Appeals in execution of the duties specified in this subchapter may subpoena witnesses and in case of contempt may certify this fact to the Circuit Court having jurisdiction.
(4) A quorum of the Board of Zoning Appeals shall be achieved when the number of members in attendance equals more than one-half of the total membership of the Board of Zoning Appeals. A simple majority of the members present and voting shall be required to reverse any order, requirement, decision, or determination of any administrative office or agency.
(H) Approval criteria; findings of fact. An appeal shall be sustained only if the Board of Zoning Appeals finds that the administrative official erred. The decision of the Board of Zoning Appeals shall be accompanied by specific, written findings of fact and conclusions of law clearly stating the reason (s) for the decision. Those written findings shall be delivered to parties in interest by certified mail, published once in a newspaper of general circulation in the town, and permanently filed in the Planning/Zoning Department.
(I) Appeals. Any person with a substantial interest in a decision of the Board of Zoning Appeals or any officer, board, or bureau of the town may appeal a final decision of the Board of Zoning Appeals to the Circuit Court of the town. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 calendar days after the decision of the Board of Zoning Appeals is mailed.
(Ord. 2012-06, § 3.13, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012)
§ 153.053 APPEAL OF SUBDIVISION- RELATED ADMINISTRATIVE DECISIONS.
(A) Authority. The Planning Commission shall be authorized to hear and decide appeals only on subdivision-related matters (including determinations of {subdivision application} incompleteness) where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the administration or enforcement of any of the subdivision regulations of §§ 153.300 through 153.315 of this code.
(B) Right to appeal. Appeals of administrative decision on subdivision-related matters may be filed by any officer, board, or bureau of the town or by any person with a substantial interest in a decision of an administrative official.
(C) Application filing; timing. Applications for appeals of administrative decisions on subdivision- related matters shall be submitted to the Zoning Administrator on forms available in the Planning/Zoning Department. Appeals of administrative decisions on subdivision matters shall be filed within 30 calendar days of the date of written notice of the decision being appealed.
(D) Effect of filing. The filing of a complete application for appeal stays all proceedings in furtherance of the action appealed, unless the official whose decisions being appealed certifies to the Planning Commission, after the appeal is filed that, because of facts stated in the certification, a stay would cause immediate peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the Planning Commission or by a court of record.
(E) Record of administrative decision. The official whose decision is being appealed shall transmit to the Planning Commission all papers constituting the record upon which the action appealed is taken.
(F) Public hearing notice. Newspaper notice of the Planning Commission’s public hearing shall be provided in accordance with the requirements of § 153.040(G) of this code. The applicant shall be responsible for the cost of fees incurred as part of an appeal.
(G) Planning Commission review and action.
(1) The Planning Commission shall hold at least one public hearing on the appeal and, within a reasonable time following the close of the public hearing, take final action based on the procedures and requirements of this section. When an appeal relates to a determination of (application) incompleteness, the Planning Commission shall hear and take action on the appeal within 15 calendar days of the date of the appeal.
(2) In exercising the appeal power, the Planning Commission shall have all the powers of the official from whom the appeal is taken, and the Planning Commission may reverse or affirm, wholly or in part, or may modify the decision being appealed.
(3) If the Planning Commission determines that it is necessary to obtain additional evidence in order to resolve the matter, it shall remand the appeal to the official from whom the appeal is taken, with directions to obtain such evidence and to reconsider the decision in light of such evidence, and to that end shall have all the powers of the officer from whom the appeal is taken.
(4) A quorum of the Planning Commission shall be achieved when the number of members in attendance equals more than one-half of the total membership of the Planning Commission. A simple majority of the members present and voting shall be required to reverse any order, requirement, decision, or determination of any administrative officer or agency.
(H) Approval criteria; findings of fact. An appeal shall be sustained only if the Planning Commission finds that the administrative official erred. The decision of the Planning Commission shall be accompanied by specific, written findings of fact and conclusions of law clearly stating the reason(s) for the decision. Those written findings shall be delivered to parties in interest by certified mail and permanently filed in the Planning/Zoning Department.
(I) Appeals. Any person with a substantial interest in a decision of the Planning Commission or any officer, board, or bureau of the town may appeal a final decision of the Planning Commission to the Circuit Court. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 calendar days after the decision of the Planning Commission is mailed.
(Ord. 2012-06, § 3.14, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012)
§ 153.054 STREET NAMES; ADDRESSES.
(A) Authority.
(1) The Zoning Administrator shall be authorized to assign and change physical addresses as provided in S.C. Code §§ 23-47-60 et seq., as amended.
(2) The Planning Commission shall be authorized to approve the name of a new street or road within the jurisdiction of the town, as provided for in S.C. Code § 6-29-1200 and S.C. Code §§ 23-47-60 et seq., as amended. The Planning Commission may delegate this authority to the Zoning Administrator.
(B) Application filing. Applications for the following shall be submitted to the Zoning Administrator on forms available in the Planning/Zoning Department:
(1) Requests for reservations of street names; and
(2) Requests for street name changes.
(C) Street names.
(1) Requests for reservations of street names. All street names shall comply with Chapter 4, Art. VII of the County Code of Ordinances, as amended, and S.C. Code §§ 23-47-60 et seq., as amended. Street names proposed by the applicant shall be approved by the Planning/Zoning Department. The Planning/Zoning Department shall be given at least five working days to approve requests for reservations of street names.
(2) Requests for street name changes. The Planning Commission shall be authorized to approve requests for street name changes within the jurisdiction of the county, including but not limited to the naming of existing unnamed easements, rights-of-way, and other access types where there is no street name or the current street name poses a threat to the efficient provision of emergency services. Requests for street name changes shall be in accordance with S.C. Code § 6-29-1200 and S.C. Code §§ 23-47-60 et seq., as amended, and Chapter 4, Art. VII of the County Code of Ordinances, as amended.
(Ord. 2012-06, § 3.15, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012)
§ 153.055 DEVELOPMENT AGREEMENTS.
Development agreements are hereby authorized for land development in the town, subject to and in accordance with the state’s Local Government Development Agreement Act in S.C. Code §§ 6-31-10 et seq., as amended. Requests for development agreements shall be processed pursuant to S.C. Code §§ 6-31-10 et seq., as amended.
(Ord. 2012-06, § 3.16, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012)