This article shall be known and may be cited as the "Zoning Ordinance or Zoning Regulations of the Town of Kiawah Island, South Carolina" hereafter known as the zoning article.

(Code 1993, § 12A-101; Ord. No. 94-12, § 2(12A-101), 9-26-1994; Ord. No. 2005-08, § 12A-101, 10-12-2005)

The ordinance from which this article is derived, is adopted pursuant to the authority conferred by the Code of Laws of South Carolina, title 6, chapter 29, the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, and drafted in accordance with an adopted comprehensive plan. The purposes of this article are to protect the health, safety and general welfare of current and future residents of the Town of Kiawah Island by:

(1)

Implementing the vision and goals of the Town of Kiawah Island Comprehensive Plan in a consistent manner;

(2)

Providing for adequate light, air and open space;

(3)

Protecting against increases in noise levels that exceed thresholds established by any governing Town ordinances or which are otherwise detrimental to the general welfare of the community;

(4)

Establishing appropriate density and intensity of land use, avoiding undue concentration of population and undue burdening of infrastructure;

(5)

Protecting and preserving scenic, historic, or ecologically sensitive areas;

(6)

Implementing land use policies that will preserve the natural character of the Town of Kiawah Island, regulating the density and distributions of populations and the uses of buildings, structures and land for trade, industry, residence, recreation, forestry, conservation, water supply, sanitation, protection against floods, public activities, and other purposes;

(7)

Facilitating the adequate provision or availability of transportation, police and fire protection, water, sewage, schools, parks and other recreational facilities, affordable housing, disaster evacuation, and other public services and requirements;

(8)

Promoting desirable and safe living;

(9)

Protecting property against blight;

(10)

Conserving the value of land and buildings;

(11)

Securing safety from fire, flood and other damages; and

(12)

Furthering the public welfare in any other regard specified by the Town Council.

(Code 1993, § 12A-102; Ord. No. 94-12, § 2(12A-102), 9-26-1994; Ord. No. 2005-08, § 12A-102, 10-12-2005; Ord. No. 2024-07, § 2(Exh. A), 5-7-2024)

The provisions of this article shall apply to all land, property and development in the Town of Kiawah Island, except as expressly provided to the contrary in this article or except as expressly provided in duly approved development agreements. No development shall be undertaken without prior authorization from the appropriate designated Town Official or Body pursuant to this article.

(Code 1993, § 12A-103; Ord. No. 94-12, § 2(12A-103), 9-26-1994; Ord. No. 2005-08, § 12A-103, 10-12-2005)

The Town Council may, from time to time:

(1)

Amend the number, shape, boundary or area of any zoning district;

(2)

Amend any regulation pertaining to any zoning district;

(3)

Amend any section of this article;

(4)

Amend the zoning map; or

(5)

Approve the issuance of emergency permits.

(Code 1993, § 12A-104; Ord. No. 94-12, § 2(12A-104.1), 9-26-1994; Ord. No. 2005-08, § 12A-104, 10-12-2005)

(a)

Creation. The Town of Kiawah Island Planning Commission is hereby created as authorized by S.C. Code 1976, §§ 6-29-310—6-29-380.

(b)

Composition; appointment and term of office of members.

(1)

The Planning Commission shall consist of seven Kiawah Island property owners; members to be appointed by the Mayor with the consent of the Town Council. At least five of these property owners shall be resident members. The term "resident member" means a person who resides permanently on Kiawah Island for not less than eight months of each calendar year.

(2)

The term of office shall be for four years. Any vacancy shall be filled for the unexpired term by an individual appointed by the Mayor with the consent of the Council. A Secretary and Chairperson shall be elected at the first meeting of each year. All members shall serve without compensation, but may be reimbursed for actual expenses incurred in connection with their official duties, provided the Town Council has approved such expenditures in advance.

(3)

No member shall serve more than three consecutive terms of office; provided, however, that such member shall be eligible to hold such office after a break in service of 24 months.

(4)

No member shall hold an elected public office in the Town of Kiawah Island or Charleston County.

(5)

Members shall represent a broad cross section of the interests and concerns within the Town of Kiawah Island.

(c)

Organization and procedural rules governing the Planning Commission.

(1)

The Planning Commission shall organize itself electing one of its members as Chairperson and one as Vice-Chairperson whose terms are for one year. The Planning Commission shall appoint a secretary who may be an officer or an employee of the Town or of the Planning Commission. The Planning Commission shall meet at the call of the Chairperson and at such times the Chairperson or Planning Commission may determine.

(2)

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 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 by Town Council.

(d)

Functions and powers. The Planning Commission shall have the functions and powers set forth in S.C. Code 1976, § 6-29-340 of the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, as amended. In the discharge of its responsibilities, the Planning Commission has the power and duty to:

(1)

Prepare and revise the comprehensive plan and programs for the development and redevelopment for the Town of Kiawah Island.

(2)

Prepare and recommend for adoption to Town Council the following to implement plans and programs within the Town:

a.

A zoning ordinance that includes zoning district maps and appropriate revisions thereof;

b.

Regulations for the subdivision or development of land and appropriate revisions thereof, and to oversee the administration of the regulations that are adopted by Town Council;

c.

An official map and appropriate revision of it showing the exact location of existing or proposed public streets, highways, and utility rights-of-way, and public building sites; regulations to control the erection of buildings or other structures; changes in land use within rights-of-way, building sites, or open spaces within the Town or specified areas within the Town;

d.

A landscaping ordinance setting forth required planting, tree preservation, and other aesthetic considerations for land and structures;

e.

A capital improvements program setting forth projects required to implement plans which have been prepared and adopted, including an annual listing of priority projects for consideration by the Town Council or other governmental bodies responsible for implementation prior to preparation of their capital budget; and

f.

Policies or procedures to facilitate implementation of planning elements.

(3)

Hear appeals of administrative decisions (by staff) related to subdivision regulations (S.C. Code 1976, § 6-29-1150(C)).

a.

Staff action, if authorized, to approve or disapprove a land development plan may be appealed to the Planning Commission by a party in interest.

b.

The Planning Commission shall act on the appeal within 60 days and the action of the Planning Commission is final.

c.

An appeal from the decision of the Planning Commission may be taken to circuit court within 30 days after actual notice of the decision.

(4)

Review site plans pursuant to section 12-162, Site Plan Review.

(5)

Approve street names (S.C. Code 1976, § 6-29-1200).

a.

The Planning Commission shall, by proper certificate, approve and authorize the name of a street or road laid out within the territory over which the Commission has jurisdiction. It is unlawful for a person in laying out a new street or road to name the street or road on a plat, by a marking or in a deed or instrument without first getting the approval of the Planning Commission. Any person violating this provision is guilty of a misdemeanor and, upon conviction must be punished in the discretion of the court.

b.

The Planning Commission may, after reasonable notice through a newspaper having general circulation in which the Commission is created and exists, change the name of a street or road within the boundary of its territorial jurisdiction:

1.

When there is duplication of names or other conditions which tend to confuse the traveling public or the delivery of mail, orders, or messages;

2.

When it is found that a change may simplify marking or giving of directions to persons seeking to locate addresses; or

3.

Upon any other good and just reason that may appear to the Commission.

c.

On the name being changed, after reasonable opportunity for a public hearing, the Planning Commission shall issue its certificate designating the change, which must be recorded in the Office of the Register of Mesne Conveyances or Clerk of Court, and the name changed and certified is the legal name of the street or road.

(Code 1993, § 12A-105; Ord. No. 94-12, § 2(12A-104.2), 9-26-1994; Ord. No. 2005-08, § 12A-105, 10-12-2005; Ord. No. 2006-14, § 2.A.1, 1-9-2007; Ord. No. 2024-05, § 2(Exh. A), 4-2-2024; Ord. No. 2024-07, § 2(Exh. B), 5-7-2024)

(a)

Creation. The Town of Kiawah Island Board of Zoning Appeals (Board) has been created and is authorized to act pursuant to S.C. Code 1976, §§ 6-29-780—6-29-860.

(b)

Composition and appointment of term of office of members.

(1)

The Board of Zoning Appeals shall consist of seven Kiawah Island property owner resident members, each to be appointed by the Mayor with the consent of the Town Council. The term "resident member" means a person who resides permanently on Kiawah Island for not less than eight months of each calendar year.

(2)

The term of office for members shall be for three years from the date of appointment. Any vacancies shall be filled for the unexpired term by the Mayor with the consent of the Town Council. A Secretary and Chairperson shall be elected at the first meeting of each year. All members shall serve without compensation, but may be reimbursed for actual expenses incurred in connection with their official duties, provided the Town Council has approved such expenditures in advance.

(3)

No member shall serve more than three consecutive terms of office; provided, however, that such member shall be eligible to hold such office after a break in service of 24 months.

(4)

No member shall hold an elected public office in the Town of Kiawah Island or Charleston County.

(5)

Members shall represent a broad cross section of the interests and concerns within the Town of Kiawah Island.

(c)

Organizational and procedural rules governing the Board of Zoning Appeals. The Board of Zoning Appeals has adopted the following rules and regulations:

(1)

Administrative office. The Office of the Board of Zoning Appeals shall be located in the Town Hall Office, and the meetings of the Board shall be held in the adjacent conference room unless otherwise designated by the Chairperson. All notices of appeal and other papers to be filed with the Board are to be filed with the Planning Director of the Kiawah Island Planning Department not less than 30 working days prior to the Board meeting at which the matter will be heard. The Planning Director shall prepare the documentation of the variance requested and the associated exhibits and forward these to the Board members no fewer than ten working days prior to the next Board meeting.

(2)

Officers. The Board of Zoning Appeals shall elect one of its members as Chairperson and one as Vice-Chairperson whose terms are for one year. The Planning Director shall serve as Secretary of the Board. Meetings of the Board shall be at the call of the Chairperson and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such actions, all of which shall immediately be filed in the office of the Board and shall be a public record.

(3)

Rules of procedures and records. The Board of Zoning Appeals 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 Board of Zoning Appeals 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 by Town Council.

(d)

Functions and powers. The Board of Zoning Appeals shall have the following powers, pursuant to S.C. Code 1976, § 6-29-800:

(1)

Administrative review. To hear and decide appeals, subject to the procedure and standards set forth in this article, when it is alleged by the appellant that any administrative official has made an error in any order, requirement, decision, or determination. This requirement shall not apply to advisory or recommendatory actions of any such administrative official or agency.

(2)

Variances. To hear and decide applications for variance from zoning standard requirements of this article, subject to the procedure and standards set forth in section 12-163.

(3)

Special exceptions. To permit uses by special exception subject to the terms and conditions for those uses as identified in this article (section 12-161).

(4)

Filing of appeals to the Board of Zoning Appeals.

a.

Appeals from the acts of officials pursuant to the authority granted by this article shall be taken to the Board of Zoning Appeals by any person aggrieved or by any officer, department, board or bureau of the Town, as well as by any person having a substantial interest in any decision of an administrative officer to enforce this article. An appeal shall be evidenced by filing with the Planning Director within five working days of the action appealed from, a written notice of appeal specifying the grounds thereof and the modifications being sought.

b.

All appeals, applications and matters brought before the Board of Zoning Appeals shall be heard in the order of filing at the regular meeting of the Board of Zoning Appeal; provided, however, that the Board of Zoning Appeals shall set its meeting agenda and determine the number of applications it will hear. The Chairperson may call a special meeting of the Board of Zoning Appeals.

c.

Appeals to consider any such appeal, application or matter. In the event that such a special meeting is called, the Chairperson, at his discretion, shall give notice to interested parties that any or all pending matters before the Board of Zoning Appeals will be heard and considered at such special meeting.

d.

Published notice for appeals shall be provided in accordance the notice provisions of this article.

(5)

Effect of appeal. An appeal to the Board of Zoning Appeals stays all proceedings in furtherance of the action appealed. An exception is when the officer from whom the appeal is taken certifies to the Board after the notice of appeal has been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Zoning Appeals or by a court of record on application, and notice to the officer from whom the appeal is taken, and on due cause shown.

(6)

Hearing on appeal.

a.

Hearings on appeals shall be completed within 60 calendar days of the appeal, however, failure to render a decision on an appeal within such time period shall not be deemed an approval of such appeal. At the hearing of an appeal, the parties thereto may offer affidavits, testimony, or other evidence in support of their claims; and the Board of Zoning Appeals, on its own motion, may call before it other witnesses. All persons giving any testimony or evidence whatsoever at a Board of Zoning Appeals meeting must be sworn in. To save time, the oath will be recited as a group prior to the review of cases to be presented. However, anyone not present or not participating in the group swearing in will be required to be separately sworn in prior to giving evidence or testimony.

b.

At the hearing and consideration of appeals, reasonable time and opportunity shall be allowed to interested parties to introduce testimony and other evidence. Hearings may be continued from time to time by the Board of Zoning Appeals, in its discretion, upon good cause shown. Oral arguments before the Board of Zoning Appeals shall not exceed 15 minutes to a side, unless upon application before the commencement of arguments, the time shall be enlarged by the Board of Zoning Appeals.

c.

Parties filing appeals may, after the application has been advertised as part of a meeting's agenda, request the application be deferred. A request for deferral must be in writing, signed by the applicant or agent, set forth the reason for requesting deferral, and set a forthcoming meeting date for the matter to be heard. Without an extraordinary and compelling reason, only one deferral will be permitted. Applicants filing petitions for rehearings where the Board of Zoning Appeals is being asked to reconsider a decision, order, requirement or determination shall not be permitted to request deferrals. Cases presented before the Board of Zoning Appeals may be deferred for a period of time specified by the Board of Zoning Appeals, provided that this time does not exceed a period of 30 working days.

d.

In passing upon an appeal, the Board of Zoning Appeals shall not consider prospective financial loss or gain to the appellant, nor shall the Board of Zoning Appeals, by variance, permit to be established or carried on in any district an activity, business, or operation which is not otherwise allowed in such district by a specific provision of this article.

(7)

Order of the Board of Zoning Appeals.

a.

The Board of Zoning Appeals shall decide each appeal within 60 calendar days. In exercising its powers relating to appeals, the Board of Zoning Appeals may, in conformity with the provisions of this article, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made within the spirit and intent of this article.

b.

When it shall appear to the Secretary of the Board of Zoning Appeals that an appeal presents substantially the same grounds which have been decided by the Board of Zoning Appeals within the previous one year, the Secretary shall notify the Board of Zoning Appeals thereof, but shall not advertise the appeal or give notice to interested parties until the Board of Zoning Appeals shall determine that an amendment of this article or other changed conditions requires reopening the issue.

(8)

Minutes of the Board of Zoning Appeals. The decisions of the Board of Zoning Appeals shall be in writing and signed by the Chairperson. The minutes of the Board of Zoning Appeals shall show the vote of each member upon each question, or if a member is absent or fails to vote, the minutes shall indicate such fact. The decisions of the Board of Zoning Appeals shall be filed in the offices of the Board of Zoning Appeals and the Planning Director. True copies thereof shall be sent by registered mail to each of the interested parties, and shall show the date of the filing and of the decision. These decisions shall be a public record.

(9)

Appeals from Board of Zoning Appeals decisions. Any person who may have a substantial interest in any decision of the Board of Zoning Appeals or any officer, board, or bureau of the Town may appeal from any decision of the Board of Zoning Appeals to the Circuit Court in and for the County by filing with the Clerk of such court a petition in writing setting forth plainly, fully and distinctly wherein 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 rendered.

(Code 1993, § 12A-106; Ord. No. 94-12, § 2(12A-104.3), 9-26-1994; Ord. No. 2005-08, § 12A-106, 10-12-2005; Ord. No. 2006-14, § 2.A.3, 1-9-2007; Ord. No. 2024-05, § 2(Exh. B), 4-2-2024)

(a)

Creation. The Town of Kiawah Island Landscape and Tree Preservation Board (TPB) has been created and is authorized to act pursuant to S.C. Code 1976, §§ 6-29-870—6-29-910.

(b)

Composition and appointment of term of office of members.

(1)

The Landscape and Tree Preservation Board shall consist of five members. The TPB shall consist of a cross section of design professionals (two minimum) and property owners who have demonstrated knowledge of the diversity of issues concerning trees and an interest the concept of designing with nature, all to be appointed by the Town Council. At least two of these property owners shall be resident members. The term "resident member" means a person who resides permanently on Kiawah Island for not less than eight months of each calendar year.

(2)

The term of office for members shall be for three years from the date of appointment. Any vacancies shall be filled for the unexpired term by the Town Council. All members shall serve without compensation, but may be reimbursed for actual expenses incurred in connection with their official duties, provided the Town Council has approved such expenditures in advance.

(3)

No member shall serve more than three consecutive terms of office; provided, however, that such member shall be eligible to hold such office after a break in service of 24 months.

(4)

No member shall hold an elected public office in the Town of Kiawah Island or Charleston County.

(5)

The TPB shall elect a chair and vice-chair for one year terms.

(6)

The Planning Director or designee shall serve as Secretary of the Board.

(c)

Administrative office. The Office of the TPB shall be located in the Town Municipal Center. All applications or requests and other papers to be filed with the Board are to be filed with the Planning Director of the Kiawah Island Planning Department not less than 30 working days prior to the Board meeting at which the matter will be heard.

(1)

Meetings of the Board shall be at the call of the Chairperson and at such other times as the Board may determine. All meetings of the Board shall be open to the public.

(d)

Rules of procedures and records. The TPB 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 Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such actions, all of which shall immediately be filed in the office of the Board and shall be a public record. The TPB 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 by Town Council.

(e)

Functions and powers. The Landscape and Tree Preservation Board shall have the following powers:

(1)

The TPB shall be in place to review and approve, approve with conditions or disapprove a proposed Tree Preservation Plan for all proposed commercial or residential developments pursuant to section 12-129, Tree Preservation and Landscaping Standards.

(2)

The TPB shall be in place to review and approve, approve with conditions or disapprove the removal of any Specimen Tree or Grand Tree pursuant to section 12-129, Tree Preservation and Landscaping Standards.

(3)

The TPB shall be in place to hear and approve, approve with conditions or disapprove applications of special circumstances regarding tree removal as determined by the Planning Director.

(4)

The TPB shall be in place to hear or approve, approve with conditions or disapprove variance request from strict interpretation of landscaping and tree preservation standards pursuant to section 12-129, Tree Preservation and Landscape Standards of this article.

(5)

The TPB may recommend such legislation as may be needed and practicable to pursue the purpose for which the Board was established.

(6)

The TPB may serve as an advisory board for the Town for matters pertaining to landscape standards and tree preservation.

(f)

Filing of applications to the Landscape and Tree Preservation Board.

(1)

All applications and matters brought before the TPB shall be heard in the order of filing at the regular meeting of the TPB; provided, however, that the TPB shall set its meeting agenda and determine the number of applications it will hear. The Chairperson may call a special meeting of the Landscape and Tree Preservation Board.

(2)

In the event that such a special meeting is called, the Chairperson, at his discretion, shall give notice to interested parties that any or all pending matters before the TPB will be heard and considered at such special meeting.

(g)

Published notice for hearings of the Landscape and Tree Preservation Board. Applications considered for a decision of the TPB shall be held pursuant to notice provisions as specified in section 12-156.

(h)

Decisions of the Landscape and Tree Preservation Board on Variances. The TPB shall render decisions on variance applications submitted pursuant to this article and section 12-129. The TPB may grant a variance only if exceptional circumstances exist, and where practical difficulty or unnecessary hardship is so substantial, serious, and compelling that relaxation of the general restrictions ought to be granted. No approval of such considered application shall be granted approval unless the applicant shall show and the Landscape and Tree Preservation Board shall find that:

(1)

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

(2)

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

(3)

Because of these conditions, the application of the ordinance to the particular piece of property would effectively prohibit or unreasonable restrict the utilization of the property;

(4)

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;

(5)

The TPB 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;

(6)

The fact that property may be utilized more profitably, should a variance be granted, may not be considered grounds for a variance;

(7)

Granting the variance will not be contrary to the public or neighborhood interest nor will not adversely affect other property in the vicinity, nor interfere with the harmony, spirit, intent, and purpose of this article; and

(8)

Granting of the variance does not substantially conflict with the comprehensive plan or the purposes of this article.

(i)

Stipulations, conditions or safeguards. In granting a variance, the TPB may attach to it such conditions regarding the location, character, or other features of the proposed building, structure, or use 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.

(j)

Lapse of approval. An approved tree preservation plan or variance pursuant to section 12-129 shall lapse and be of no further effect 12 months after the date that the tree preservation plan or variance was approved by the TPB unless a completed application of a zoning permit is submitted in accordance with subsection 12-155(4), or if no zoning permit is required, unless construction or development has commenced and is being diligently pursued.

(k)

Minutes of the Tree Preservation Board. The decisions of the Landscape and Tree Preservation Board shall be in writing and signed by the Chairperson or designee. The minutes of the TPB shall show the vote of each member upon each question, or if a member is absent or fails to vote, the minutes shall indicate such fact. The decisions of the TPB shall be filed in the offices of the TPB and the Planning Director. True copies thereof shall be sent by registered mail to each of the interested parties, and shall show the date of the filing and of the decision. These decisions shall be a public record.

(l)

Appeals from Landscape and Tree Preservation Board decisions. Any person who may have a substantial interest in any decision of the TPB or any officer, board, or bureau of the Town may appeal from any decision of the TPB to the Circuit Court in and for the County by filing with the Clerk of such court a petition in writing setting forth plainly, fully and distinctly wherein such decision is contrary to law. Such appeal shall be filed within 30 calendar days after the decision of the Landscape and Tree Preservation Board is rendered.

(Ord. No. 2024-01, § 2(Exh. E), 4-2-2024)

The Planning Director shall serve as the Zoning Enforcement Officer and shall administer and enforce this article. In furtherance of such authority, the Director or the Director's designee shall:

(1)

Receive and examine applications for zoning permits and certificates of occupancy;

(2)

Approve and issue zoning permits that meet the provisions of this chapter;

(3)

Keep 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;

(4)

Conduct inspections of structures, land, and the uses thereof to determine compliance with this article;

(5)

Serve as Secretary of the Board of Zoning Appeals;

(6)

Receive, file, and forward to the Board of Zoning Appeals the records of all requests for appeals, variances and special exceptions;

(7)

Review, approve, and issue administrative permits as authorized by this article and maintain records of such permits;

(8)

Receive, examine and process all applications for amendments to this article including, but not limited to, requests for code text amendments, zoning district amendments, planned developments, and development agreements;

(9)

Receive, examine and process all applications for amendments to the comprehensive plan;

(10)

Maintain permanent and current records of this article including, but not limited to, all zoning maps, amendments, conditional uses, special exceptions, variances, appeals, and applications thereof and records of hearings thereon. Such records shall be open to the public for inspection during business hours;

(11)

Maintain for sale or free distribution to the public a supply of copies of the zoning map or maps, the compiled text of this article (but not necessarily including amendments establishing or modifying specific planned development amendments), and the rules of the Board of Zoning Appeals;

(12)

Provide such clerical, technical, and consultative assistance as may be required by the Board of Zoning Appeals, Planning Commission and other Town Boards, Commissions and Officials in the exercise of their duties relating to this article;

(13)

Conduct studies requested by Planning Commission related to the comprehensive plan, zoning, and other related matters.

(Code 1993, § 12A-107; Ord. No. 94-12, § 2(12A-104.4), 9-26-1994; Ord. No. 2005-08, § 12A-107, 10-12-2005; Ord. No. 2024-07, § 2(Exh. C), 5-7-2024)

(a)

This article and the zoning map adopted herewith are intended to implement the visions and goals of the Town of Kiawah Island Comprehensive Plan and are hereby deemed to be consistent with and in accordance with the adopted comprehensive plan. Any amendments to this article and all applications for a change to the zoning map shall be consistent with the intent of comprehensive plan.

(b)

An amendment to the text of this article is consistent and in accordance with the comprehensive plan if it complies with the visions and goals stated in the comprehensive plan. An amendment to the zoning map is consistent with the intent of the comprehensive plan if the map amendment is consistent with the land use diagram contained in the comprehensive plan.

(Code 1993, § 12A-108; Ord. No. 94-12, § 2(12A-105), 9-26-1994; Ord. No. 2005-08, § 12A-108, 10-12-2005)

(a)

It is the intent of the Town of Kiawah Island that this article be applied in a manner consistent with other regulations governing the use and development of land including, but not limited to, article III, subdivision regulations; article V, road code; floodplain regulations and other applicable Town, State and Federal regulations. Applications for permits required by other development regulations may be submitted simultaneously with applications for permits required by this article.

(b)

The use of buildings and land within the Town shall be subject to all other applicable provisions of this Code in addition to this article, whether or not such other provisions of the Code are specifically cross-referenced in this article.

(c)

This article shall be construed to be the minimum requirements necessary for the promotion of public health, safety or general welfare. Whenever this article impose a more restrictive standard than required by any other statute or regulation, this article shall govern.

(Code 1993, § 12A-109; Ord. No. 94-12, § 2(12A-106), 9-26-1994; Ord. No. 2005-08, § 12A-109, 10-12-2005)

(a)

The provisions of this article are not intended to abrogate any deed restriction, covenant, easement or any other private agreement or restriction on the use of land. Provided, that where the provisions of this article are more restrictive or impose higher standards than any such private restriction, the requirements of this article shall control. Where the provisions of any private restriction are more restrictive or impose higher standards than this article, such private restrictions shall control if properly enforced by a person having the legal right to enforce such restrictions.

(b)

Private restrictions shall not be enforced by the Town.

(Code 1993, § 12A-110; Ord. No. 94-12, § 2(12A-107), 9-26-1994; Ord. No. 2005-08, § 12A-110, 10-12-2005)

(a)

All applications for a rezoning, which have not been acted on by the Planning Commission by the effective date of the ordinance from which this article is derived, shall be submitted or resubmitted, reviewed and evaluated pursuant to this article and the comprehensive plan.

(b)

All other development applications which are filed after the effective date of the ordinance from which this article is derived shall be processed, reviewed and evaluated in accordance with this article.

(c)

Except for rezoning applications, development applications which have been duly filed and which are pending on the effective date of the ordinance from which this article is derived shall be decided on the basis of the zoning regulations in effect immediately prior to such effective date. Nothing contained in this article shall require any change in plans, construction or designated use of a building structure or parcel with a valid permit actually under construction on the effective date of the ordinance from which this article is derived, provided any such structure is completed within one year from such effective date.

(d)

Where structures are not complete within one year from the effective date of the ordinance from which this article is derived, this article will apply.

(Code 1993, § 12A-111; Ord. No. 94-12, § 2(12A-108), 9-26-1994; Ord. No. 2005-08, § 12A-111, 10-12-2005)

Fees will be levied in order to defray expenditures associated with application processing. The fees are due with submission of an application. Fees shall be determined by the Town Council.

(Code 1993, § 12A-112; Ord. No. 94-12, § 2(12A-110.1), 9-26-1994; Ord. No. 2005-08, § 12A-112, 10-12-2005)

(a)

Purpose and intent. The purpose of an impact fee is to:

(1)

Ensure wise appropriate, compatible and timely development of new areas by providing necessary capital facilities in accordance with existing and future needs;

(2)

Promote desirable living conditions and sustained stability of the Town by ensuring adequate infrastructure and service delivery; and

(3)

Secure economy in government expenditures by assuring that new development pay its fair and equitable share of additional capital facility costs required by increased services demand generated by new growth.

(b)

Levied. Impact fees shall be levied in accordance with this article at such time as an impact assessment study has been completed. This impact assessment study shall determine the impact fee amount based upon either the gross floor area of nonresidential development or the number of dwelling units of residential development for the purpose of financing public facilities necessary to accommodate new development as may be determined by the Town Council. Impact fees shall be payable at the time of building permit issuance.

(Code 1993, § 12A-113; Ord. No. 2005-08, § 12A-113, 10-12-2005)

(a)

The provisions of this article shall be administered and enforced by the Planning Director.

(b)

Any violation of this article shall be subject to enforcement and punishment as prescribed in the South Carolina Code.

(Code 1993, § 12A-114; Ord. No. 94-12, § 2(12A-111), 9-26-1994; Ord. No. 2005-08, § 12A-114, 10-12-2005)

By the passage of the ordinance from which this article is derived no presently illegal or nonconforming use, building or structure shall be deemed to have been legalized. It is further the intent and purpose of this article that offenses committed, and liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the existing zoning ordinance is repealed and replaced by this article are not affected by such repeal. Prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted and current suits presently pending may proceed with in all respects as if such prior zoning ordinance had not been repealed and replaced by this article.

(Code 1993, § 12A-115; Ord. No. 94-12, § 2(12A-112), 9-26-1994; Ord. No. 2005-08, § 12A-115, 10-12-2005)

Whenever a development agreement duly entered into pursuant to the South Carolina Local Government Development Agreement Act contains standards for the approval, construction, timing, density, intensity, bulk, height, provision of public facilities, design, and/or other standards relating to development, that are different from or inconsistent with the applicable standards as set forth herein, the standards set forth in this Code and the standards set forth in the development agreement shall, to the extent possible, be construed in para materia to give effect to both the Code and development agreement; provided, however, that in the event of a conflict, and subject to the provisions of S.C. Code 1976, § 6-31-80, the standards set forth in the development agreement shall govern. In the event of a dispute between the parties to a duly approved development agreement as to whether a provision in the comprehensive plan or this article is inconsistent with express or implied substantive provisions of such development agreement, the parties must first submit such disputed interpretation to Town Council and must wait seven days after such submittal before invoking the remedies afforded them under the development agreement.

(Code 1993, § 12A-116; Ord. No. 94-12, § 2(12A-113), 9-26-1994; Ord. No. 2005-08, § 12A-116, 10-12-2005)

Should any section, subsection, paragraph, sentence, clause, or phrase of this article be declared unconstitutional or invalid for any reason, the unconstitutional provision may be removed from this article and such decision shall not affect the validity of the remaining portions of this article.

(Code 1993, § 12A-117; Ord. No. 94-12, § 2(12A-114), 9-26-1994; Ord. No. 2005-08, § 12A-117, 10-12-2005)

These regulations shall take effect and be in force from and after the date of their adoption by ordinance of the Town Council.

(Code 1993, § 12A-118; Ord. No. 94-12, § 2(12A-115), 9-26-1994; Ord. No. 2005-08, § 12A-118, 10-12-2005)