These requirements cover, but are not limited to, comprehensive plan amendments, code text amendments, zoning district map amendments, planned developments, special exceptions, site plan review, variances and zoning permits.

(1)

Authority to file applications. Unless otherwise expressly stated, applications for review and approval under this chapter may be initiated by:

a.

Petition of all the property owners that is the subject of the application;

b.

The owners' authorized agents; or

c.

Review and decision-making bodies.

(2)

Form of application. Applications required under this section shall be submitted in a format and in such numbers as required by the official responsible or accepting the application. Application submittal requirements and format information shall be available to the public in the Planning Department.

(3)

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.

(4)

Application submittal.

a.

Applications shall include all mandatory information at the time of submittal. Any application that does not include all required information shall be returned, within 15 working days of its submittal, to the applicant along with an explanation of the application's deficiencies.

b.

Whenever the procedures of this article expressly state that applications are to be submitted after a preapplication conference, applicants shall be responsible for scheduling and attending such meetings. When preapplication conferences are required, an application shall not be accepted until the preapplication conference has been conducted.

(5)

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.

(6)

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.

(7)

Conditions of approval. Unless otherwise expressly stated, decision-making bodies shall be authorized to impose conditions of 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 article. 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.

(8)

Approval criteria; burden of persuasion. In all cases, the applicant shall have the burden of establishing that an application complies with applicable approval criteria.

(9)

Successive applications.

a.

Time limit. If a final decision-making body denies an application for a zoning map amendment, planned development or special exception use, a subsequent related application shall not be accepted for 12 months from the date that the decision-making body acted to deny the application. These would include, but not be limited to applications 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.

b.

Waivers. The time limit of subsection (9)a of this section notwithstanding, decision-making bodies may, after receipt of written petition by the property owner waive the waiting period requirement by a two-thirds vote of members present and voting. If the time limit is waived, the decision-making body shall give written notice to the Planning Director, directing staff to process the application. All resubmissions shall be processed as new applications, 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. When a waiver is granted, the reasons for such waiver shall be enumerated. Criteria for granting a waiver should include:

1.

There are extraordinary and exceptional conditions pertaining to the application;

2.

There would be compelling, substantial and serious hardship on the applicant, this does not include economic hardship;

3.

The application withdrawal was not the result of the applicant's own actions.

c.

Applications withdrawn before public hearing notice. Withdrawal of an application by the applicant before advertisement of any public hearing shall be considered a termination of the application. Although no fees shall be refunded, reapplication in such cases shall not be subject to the 12-month waiting period.

d.

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 subsection (9)b of this section.

(Code 1993, § 12A-501; Ord. No. 94-12, § 2(12A-501), 9-26-1994; Ord. No. 2005-08, § 12A-501, 10-12-2005)

The purpose and intent of this section is to set forth the procedures for a public hearing which provides the opportunity for an applicant and the public to comment on the application submitted for approval. The provisions of this section establish the procedures for a public hearing when required in connection with carrying out the provisions of this article. The following public hearing procedures shall be used by the Town Council, Planning Commission, and Board of Zoning Appeals:

(1)

Setting of the public hearing. When a public hearing is required by this article, a time shall be designated for the required public hearing, and notice of such hearing shall be prepared and made pursuant to the notice provisions contained within this article.

(2)

Notice provisions.

a.

Published notice. Except as otherwise provided by State Law, in any instance in which a public hearing is required, a notice setting forth the date, time, place and purpose of such hearing, the name of the applicant, and identification of the subject property must be published once in a newspaper of general circulation in the Town, at least 15 calendar days before the date set for the hearing.

b.

Posted notice. Notice of actions affecting specific properties shall be posted on the affected property or adjacent to the affected property 15 calendar days prior to the first hearing on the request. At least one posted notice shall be visible from each street that abuts the property.

c.

Personal notice. Whenever personal notice of a public hearing is required by State Law, notice shall be sent by regular mail at least 15 calendar days before the public hearing to each owner of real property located within 500 feet of the exterior boundary of the property in question, to any neighborhood organizations having an interest in the development application, and if the matter to be considered is an appeal, to all parties to the appeal, including other interested parties. Such notice shall state the date, time, place and purpose of the hearing.

d.

Parties in interest. When the provisions of this article require that notice be sent, the following parties in interest shall also be notified:

1.

The applicant;

2.

The owner of the property (if other than applicant); and

3.

Any individual, group or organization that has submitted a written statement of interest to the Town of Kiawah Island.

The Town has no responsibility for maintaining the names and addresses of these groups or other parties in interest.

e.

Costs of notice. All actual costs incurred by the Town in preparing and publishing required notices shall be paid by the applicant prior to publication or mailing of such notice according to a schedule of fees established by the Town Council.

f.

Notification following decision. Within ten working days of the date of a final decision on a development application, written notification of such action shall be mailed to the applicant except for actions by the Board of Zoning Appeals related to variances and special exceptions. These final decisions of the Board of Zoning Appeals shall be sent by certified mail to the applicant, stating the action taken and including all conditions imposed and times established for satisfaction of such conditions, if any. When the Planning Director denies the application, a written statement setting forth the reasons for the denial shall be included. A record of such notification shall be filed with the Planning Director.

(3)

Examination of and copying of documents. At any time upon reasonable request, any person may examine the pending development application and materials submitted in support of or in opposition to the development application. Copies of such materials shall be made available at a cost specified in a schedule of fees and charges adopted by resolution of the Town Council.

(4)

Conduct of hearing.

a.

Any person or persons may appear at a public hearing and submit evidence, either individually or as a representative of an organization. Each person who appears at a public hearing shall state the person's name, address, and if appearing on behalf of an organization, state the name and mailing address of the organization for the record.

b.

A landowner whose land is the subject of a proposed zoning amendment will be allowed to present oral or written comments to the Planning Commission.

c.

The body conducting the hearing shall exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. Any person appearing as a witness may ask relevant questions of other persons appearing as witnesses, but shall do so only through the Chairperson of the body conducting the hearing at the Chairperson's discretion. The order of proceedings shall be as follows:

1.

The Planning Director or appropriate designees shall present a description of the proposed development application and a written or oral recommendation, if required. The recommendation shall address each factor required to be considered prior to approval of the development application. The written recommendation shall be made available to the applicant at least three working days prior to the hearing;

2.

The applicant shall present any information it deems appropriate;

3.

Public testimony shall be heard first in favor of the proposal, then in opposition to it;

4.

The Planning Director may respond to any statement made by the applicant or to any public comment; and

5.

The applicant may respond to any testimony or evidence presented by the staff or public.

(5)

Record of proceedings.

a.

The body conducting the hearing shall keep a record of the proceedings by any appropriate means and such record shall be available at the request of any person upon application to the secretary of the body conducting the hearing and payment of a fee set by the Town Council to cover the cost of transcription or duplication.

b.

All records shall be public, open for inspection at reasonable times and upon reasonable notice.

(6)

Continuance of proceedings. The body conducting the hearing may, on its own motion or at the request of any person, for good cause, continue the hearing to a fixed date, time and place within 30 working days. No additional notice shall be required if a hearing is continued. An applicant shall have the right to request and be granted one continuance; however, all subsequent continuances shall be granted at the discretion of the body conducting the hearing only upon good cause shown. All adjourned public hearings shall recommence only upon giving all notices which would have been required for the initial public hearing.

(7)

Additional rules. Additional rules governing public hearings may be provided for by other provisions of this Code of Ordinances and may be applied as well, as long as they are not in conflict with this article. The body conducting the hearing may adopt rules of procedure to limit the number of applications for development approval which may be considered per meeting and the time for each presentation.

(Code 1993, § 12A-502; Ord. No. 94-12, § 2(12A-502), 9-26-1994; Ord. No. 2005-08, § 12A-502, 10-12-2005; Ord. No. 2023-02, § 2(Exh. A), 4-4-2023)

The purpose and intent of this section is to provide for a procedure to amend the Town of Kiawah Island comprehensive plan text and land use diagram.

(1)

Initiation of proposals. The Planning Commission, the Town Council, a property owner or the owner of a business located in the Town may initiate a request for amendment of the comprehensive plan text or maps. The application for amendment of the comprehensive plan text or maps may be accompanied by an application for a zoning district or text amendment. The Town Council may establish by resolution a schedule indicating when Comprehensive Plan and map amendments will be considered.

(2)

Preapplication conference. Prior to the submittal of an application for a Comprehensive Plan amendment, the applicant shall participate in a preapplication conference scheduled with the Planning Director.

(3)

Planning director review and report. The Planning Director shall review each proposed amendment in light of the approval criteria of subsection (7) of this section and, if deemed necessary, distribute the application to other agencies and reviewers. Based on the results of those reviews, the Planning Director shall provide a report on the proposed amendment to the Planning Commission. The Planning Director shall have at least 30 working days to conduct required reviews.

(4)

Recommendation by the Planning Commission. The Planning Commission shall review the proposed amendment and adopt a resolution recommending that the Town Council approve, deny or approve with conditions the proposed amendment, based on the approval criteria of subsection (7) of this section. The Planning Commission may hold a public hearing in accordance with the procedures in section 12-156. A simple majority vote of Planning Commission members present and voting shall be required to approve the amendment. Following an unfavorable finding on the application, the Planning Commission shall notify the applicant and report the reasons for the finding.

(5)

Public hearing notice. Published notice of public hearings on comprehensive plan amendments shall be provided at least 30 calendar days before the hearing. Published and parties in interest notice shall be provided in accordance with section 12-156.

(6)

Decision on Amendment by the Town Council. Following receipt of a copy of the proposed comprehensive plan text or land use diagram amendment from the Planning Commission, along with the Planning Commission's report and recommendation, the Town Council shall schedule one or more public hearings in accordance with State Law to decide whether to adopt the amendment. For amendments to the land use diagram, personal and posted notice also shall be given in the manner provided in section 12-156. Any time after the close of the public hearing, Town Council shall act to approve, approve with conditions, or deny the proposed comprehensive plan amendment, based on the approval criteria of subsection (7) of this section. A simple majority vote of Town Council members present and voting shall be required to approve the amendment.

(7)

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. Any amendment to the land use diagram and/or other maps shall be consistent with the vision and goals in the text of the comprehensive plan.

(8)

Final action. Comprehensive plan amendments shall be adopted by ordinance.

(9)

Notice of decision. Following final action by the Town Council, the Planning Director shall be responsible for providing the applicant with written notice of the decision.

(Code 1993, § 12A-503; Ord. No. 94-12, § 2(12A-511), 9-26-1994; Ord. No. 2005-08, § 12A-503, 10-12-2005)

The purpose and intent of this section is to provide a procedure to amend textual matter contained within this article, as well as the zoning map which is a part of this article.

(1)

Initiation of proposals. An application for a change in zoning text may be initiated by the Town Council, Planning Commission or any individual corporation or agency owning or having an ownership interest in property located in the Town. The Town may adopt amendments to this article, provided that all amendments not proposed by the Commission be submitted to the Planning Commission for their review and recommendation. Request for zoning district amendment procedure is as follows:

a.

An application for a change in a zoning district shall identify the size, location, ownership and proposed use of the property. A plat and deed approved in accordance with article III of this chapter, subdivision regulations and recorded in the Charleston County Register of Mesne Conveyance (RMC) Office, and prescribed fees shall accompany the application.

b.

Upon submission of a rezoning application, no additional rezoning applications shall be accepted on the same property until the application has been withdrawn or the Town Council has rendered its decision and any applicable time limitations have expired, or the Town Council has specifically authorized such additional applications for the same property.

(2)

Planning Director review and report. The Planning Director shall review each proposed zoning map amendment in light of the approval criteria of subsection (6) of this section, and if deemed necessary, distribute the application to other agencies and reviewers. Based on the results of those reviews, the Planning Director shall provide a report on the proposed amendment to the Planning Commission. The Planning Director shall have at least 30 working days to conduct required reviews.

(3)

Recommendation by the Planning Commission. The Planning Commission shall review the proposed text amendment and/or zoning map amendment and take action, recommending that the Town Council approve or deny the proposed amendment. The Planning Commission may hold a public hearing in accordance with the procedures in section 12-156. The Planning Commission's recommendation shall be based on the approval criteria of subsection (6) of this section. The Planning Commission shall submit its recommendation to the Town Council within 30 working days of the Planning Commission meeting at which the amendment was introduced. A simple majority vote of Planning Commission members present and voting shall be required to approve the amendment.

(4)

Public hearing notice. Published, personal, and parties in interest notice of the Town Council's public hearing shall be provided in accordance with the requirements of section 12-156. Published notice of a public hearing regarding any proposed amendments to article III of this chapter, subdivision regulations, shall be made at least 30 calendar days prior to a public hearing on any proposed amendments.

(5)

Decision on amendment by the Town Council. After receiving the recommendation of the Planning Commission, the Town Council shall hold one or more public hearings, 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 subsection (6) of this section. 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. Prior to action on a proposed code text amendment, the Town Council may, in the exercise of its legislative discretion, invoke the "pending ordinance doctrine" by ordinance so that no building permits shall be issued for structures which would be affected by the proposed amendment until the Town Council has rendered its decision on the proposed amendment.

(6)

Approval criteria. Text and zoning map amendments to the ordinance may be approved if the following approval criteria have been met:

a.

The proposed amendment is consistent with the purposes and intent of the adopted Town of Kiawah Island Comprehensive Plan;

b.

The proposed amendment is consistent with the purposes and intent of this article;

c.

The purpose of the proposed amendment is to further the general health, safety and welfare of the Town of Kiawah Island;

d.

The proposed amendment corrects an error or inconsistency or meets the challenge of a changed condition.

(Code 1993, § 12A-504; Ord. No. 94-12, § 2(12A-504), 9-26-1994; Ord. No. 2005-08, § 12A-504, 10-12-2005)

(a)

Definition. The term "planned development," is as defined by the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, as amended, S.C. Code 1976, § 6-29-740, and is a type of zoning district (PD, Planned Development District) and a type of development plan. PD zoning districts are inextricably linked to planned development plans, in that no rights of development apply to a PD zoning designation other than those of the approved planned development plan.

(b)

Purpose and intent. These Planned Development provisions are intended to encourage innovative site planning for residential, commercial and institutional developments within Planned Development Districts. Planned Development Districts may provide for variations from other ordinances and the regulations of other established zoning districts established within the Town concerning use, setbacks, lot size, density, bulk, and other requirements to accommodate flexibility in the arrangement of uses for the general purpose of promoting and protecting the interests of the Town of Kiawah Island, public health, safety, and general welfare. The PD, Planned Development District regulations of this article are intended to encourage achievement of the goals of the Town of Kiawah Island Comprehensive Plan and to allow flexibility in development that will result in improved design, character, and quality of new mixed use developments and preserve natural and scenic features of open spaces. The following objectives may be attained through the use of the planned development process:

(1)

A maximum choice in the types of environments available to the public by allowing a development that would not be possible under the strict application of die standards of this article that were designated primarily for development on individual lots;

(2)

A greater freedom in selecting the means to provide access, light, open space and design amenities;

(3)

Quality design and environmentally sensitive development by allowing development to take advantage of special site characteristics, locations and land use arrangements;

(4)

A development pattern in harmony with the land use density, transportation facilities and community facilities objectives of the Comprehensive Plan;

(5)

The permanent preservation of common open space, recreation areas and facilities;

(6)

An efficient use of the land resulting in more economical networks of utilities, streets, public grounds and buildings, and other facilities;

(7)

A creative approach to the use of land and related physical facilities that results in better development and design and the construction of amenities; and

(8)

A development pattern that incorporates adequate public safety and transportation-related measures in its design and complements the developed properties in the vicinity and the natural features of the site.

(c)

Applicability. The Town's zoning district designation of PD, Planned Development District shall apply to areas shown as such on the Town Zoning Map as planned development. Areas designated as Planned Development may also be incorporated into any zoning district subject to planned development criteria and containing a minimum lot size of four acres. Areas within approved PD Development Pian(s) shall be indicated on the Town Zoning Map by way of amendment to the Zoning Map. The review and approval of a PD Development Plan shall be subject to the PD, Planned Development District regulations of this article. Planned development applications may be submitted along with annexation petitions for properties that are the subject of petition for annexation into the Town and such annexation petition and planned development applications shall adhere to the provisions of this article and the Town's Annexation Policy Plan & Procedures Manual as of June 7,2022 and as periodically amended.

(d)

Development standards. Development standards pertaining to density, lot size, location, and arrangement of buildings and structures, lot dimensions, and landscaping shall be defined in Planned Development districts. The development standards set forth in this subsection, those in the approved planned development stipulations, and any in the approved planned development sketch plans shall apply the following standards outlined below. The development standards of existing zoning districts in which a subject property(ies) was located at the time of submission of the application to rezone to the Planned Development District may be altered pursuant to this article, only if the Town Council determines that the development will serve the public interest and or a public safety concern. Applicants shall not propose alteration of the following standards except where the Planning Director determines that the proposed standards of the development are compatible with the standards of development on adjacent properties and or the community standards.

(1)

Dimensional standards. Each lot located on the perimeter of the planned development shall maintain the rear yard setback requirements and any buffer requirements of the adjacent zoning district.

(2)

Architectural standards. Architectural design shall comply with all other requirements of this article or other ordinances of the Town of Kiawah Island.

(3)

Lots to abut upon common open space. Residential properties shall maximize exposure to common open space or similar areas.

(4)

Access.

(i)

Areas between structures shall be covered by easements where necessary for access and to provide for maintenance and utility service.

(ii)

Primary vehicular access to commercial development shall be through limited access roads.

(5)

Commercial areas.

(i)

Commercial areas and adjacent residential areas shall be directly connected through paved sidewalks, trails or other pedestrian infrastructure.

(ii)

Commercial areas shall be planned as groups having common parking areas and common ingress and egress points.

(6)

Signs. Signs shall comply with the Architectural Review Board standards.

(7)

Parking. Parking shall be provided in accordance with the standards of this article. Modifications to the parking standards may be proposed in a planned development request where the Town Council determines that the amount of parking proposed, and its location is sufficient for the uses proposed.

(8)

Resource areas. Planned developments shall protect any resources determined significant by the Town Council including, but not limited to, wetlands, mature trees, scenic views, water access and shoreline buffers, and habitat of species designated as of federal, state or local concern.

(e)

Common open space. A proposed development that is applying for a higher density than the base zoning district allows shall designate a minimum amount of the usable land area as common open space. This common open space shall be located to preserve any significant resources. Where common open space is designated, the following standards apply:

(1)

The common open space area shall be detailed on each sketch plan and recorded with the final plat or separate instrument.

(2)

The proposed common open space shall be usable and appropriate to the size of the development and to the new residents of the planned development. The purpose of common open space is to permit areas, which could otherwise be developed into buildable lots or otherwise sold individually, to provide a significant amenity to the residents who will interact with the open space on a daily basis. It is not the purpose of common open space to permit open space for land that is otherwise unusable on a daily basis by residents. Common open space may include unimproved land, landscaped areas, improved recreation areas, recreational buildings and structures totally accessory to recreational uses, as well as freshwater wetland areas and water surfaces, all located within the development. Natural landscapes, such as wetlands, may also be considered as open space if preserved intact and if they include a recreation component (e.g., trails, etc.). The term "usable" means the open space includes uses or facilities that are adaptable to recreational or leisure use and are accessible to the residents of the proposed development or the general public, such as seating areas, picnic shelter, community garden, pedestrian and bicycle trail access to a designated greenway, public square, swimming pools, playing fields, or a new playground. The use or facility must be approved by Town Council in accordance with the approval and conveyance procedures in subsection (e)(6) of this section.

(3)

Land designated as common open space shall not be occupied by streets, drives, parking areas or structures, other than recreational structures.

(4)

All property owners in the planned development shall have access to the open space by means of a public or private street or walkway in an easement a minimum of 20 feet in width.

(5)

Common open space shall be provided within each phase of the planned development in sufficient amounts to serve the expected population of that phase.

(6)

The applicant must have proof of commitment from the entity that will be responsible for the common open space prior to the Planning Commission meeting for which the case is scheduled. The common open space shall be conveyed prior to recording the final plat, in accordance with one of the following methods:

(i)

By dedication to the Town or its designee as publicly owned open space. Parks, open space, and recreation facilities proposed for dedication to the Town must be acceptable to the Town Council with regard to the size, shape, location, improvement, environmental condition (i.e., the applicant may be required to provide an environmental assessment), and budgetary and maintenance terms.

(ii)

By leasing or conveying title (including beneficial ownership) to a corporation, homeowner's association or other legal entity. The terms of such lease or other instrument of conveyance must restrict the use of the area to open space/recreational uses.

(f)

Planned development procedure. This procedure involves a preapplication meeting and approval of a PD Development Plan and PD Zoning Map amendment.

(1)

Pre-application meeting. Before submitting a PD Development Plan for a planned development, the applicant shall confer with the Planning Director and any other officials designated by the Planning Director. The purpose of this pre-application meeting is to discuss the proposal and the applicable development review and approval procedures.

(2)

Interested parties workshop. After the pre-application meeting, the applicant shall hold at least one interested parties workshop prior to formal application submittal. The Planning Director may recommend additional workshops, as necessary before a formal application is to be considered by the Planning Commission. The purpose of an interested parties workshop is to:

(i)

Allows for early citizen participation in an informal forum, in conjunction with the development applications; and

(ii)

Provide an applicant the opportunity to understand any impacts an application may have on an affected community.

(iii)

An interested parties workshop is open to any citizen having interest in the proposed planned development.

(iv)

An interested parties workshop is not intended to produce complete consensus on all applications, but to encourage engagement between an applicant and neighbors.

(v)

It shall be the responsibility of the applicant to provide neighbors and parties in interest notice of the workshop with the following notice details:

A.

Indicate the date, time, and place of the public hearing or date of action that is the subject of the notice;

B.

Describe the property involved in the application by street address and, if required, by legal description;

C.

Describe the nature, scope, and purpose of the application or proposal; and

D.

Indicate where additional information on the matter can be obtained.

E.

The Town's Planning Director where feasible may assist the applicant in coordinating the workshop to ensure parties of interest are properly notified of the workshop.

(3)

Formal submittal. Upon receiving input from staff at the pre-application meeting, the applicant shall submit the planned development and required submittal materials where the Planning Director will review the submission for completeness.

(4)

Conceptual PD Development Plan Presentation. At least one time after the formal application submittal, Planned Development applicants shall present their Conceptual PD Development Plan to the Town of Kiawah Island Planning Commission at a Planning Commission Workshop. This presentation shall be for discussion and feedback purposes only and no action shall be taken on the PD Development Plan at the workshop.

(i)

At least 20 days prior to the Planning Commission workshop, the applicant shall submit a memo and presentation describing the proposed PD Development Plan.

(ii)

This requirement applies to planned developments that contain 50 or more dwelling units and/or 5 or more acres of nonresidential development.

(iii)

The Planning Commission or Planning Director may require applicants for planned developments that do not meet the thresholds in subsection ii, above, to present the proposed development at a Planning Commission Workshop prior to Planning Commission taking action on a formal application.

(iv)

The Planning Director may also recommend additional workshops, as necessary before a formal application is to be considered by the Planning Commission.

(5)

Planned development plan.

(i)

Application. After the required pre-application meeting and interested parties workshop, a complete application for PD development plan approval must be submitted to the Planning Director on a form established by the Planning Director including an approved and recorded plat showing the current property lines of the property/properties to be included in the planned development, a current recorded deed and applicable fees. The PD development plan application shall include the requested planned development stipulations and sketch plan. The sketch plan shall be drawn to scale.

(ii)

Planned development stipulations. The following shall be included in the requested planned development stipulations:

A.

The name of the planned development, not duplicating the name of any other planned development or subdivision, the final plat of which has been recorded in Charleston County, South Carolina;

B.

A statement of objectives of the proposed development;

C.

The total acreage of the planned development, broken down into total acreage, total highland acreage, total freshwater wetland acreage and total critical line wetland or marsh acreage;

D.

A table of proposed land uses including:

i.

A table of proposed maximum and average residential densities for each residential use;

ii.

The maximum total acreage of each residential use;

iii.

The maximum allowable number of each type of residential unit requested;

iv.

The maximum proposed floor area ratios (percent of lot in relation to building floor area), and the maximum building/lot coverage for each nonresidential use;

v.

All dimensional and lot standards requested, including waterfront development standards where applicable, for each land use type designated;

E.

An analysis of the impact of the proposed development on existing public facilities and services (e.g., roads and streets, water, sewer, etc.). Any proposed future improvements to these facilities and services to be made as part of the planned development shall also be included;

F.

A traffic study for planned developments that:

i.

Contain 50 or more units; or

ii.

Are comprised of five or more acres;

G.

A development schedule with a generalized phasing schedule, if appropriate. The phasing schedule shall include the number of dwelling units, total acreage of each residential use, total gross floor area of each nonresidential use, and percentage of common open space to be included in each phase;

H.

A statement indicating how any common open space/recreation areas will be owned or managed;

I.

A statement defining proposed stormwater system design approach and system integration within the proposed plan and how the system will me owned and maintained. Statement should include conceptual stormwater system design configuration including site specific natural and man-made features (e.g. wetland, ditches, canals, rivers, water bodies) incorporated within the stormwater management system.

J.

A statement indicating how all roads will be owned and maintained;

K.

A statement of inclusion and compliance with processes included in this chapter that are not mentioned in the planned development stipulations;

L.

A statement of agreement to proceed with proposed development in accordance with the provisions of these zoning regulations, applicable provisions of the Town of Kiawah Island Comprehensive Plan, and with such conditions as may be attached to any rezoning to the applicable PD district;

M.

A statement that the provisions of section 12-1S3, variances, shall not apply to the planned development and that all major changes to the planned development must be approved by Town Council. The Planning Director shall determine whether a proposed modification affecting one or more Parcels in a previously approved PD Development Plan is considered a minor or major modification;

i.

Minor modifications are categorized as:

a.

Increase in common open space area;

b.

Decrease in residential density or number of dwelling units;

c.

Increase in setbacks;

d.

Increase in the area, dimensions, and/or density of landscape buffers;

e.

Decrease in building floor area;

f.

Decrease in the number or size of signs;

g.

Minor shifts in the layout of the land uses in the sketch plan; and

h.

Minor shifts in the location of access points or internal roadways necessary to resolve regulatory (e.g., SCDOT) permitting issues;

ii.

Any modification not considered "minor" pursuant to subsection i., above, is considered a major modification. Major modifications require an amendment to the PD development plan, in accordance with the procedure specified in this article.

N.

Letters of coordination from all agencies from which the applicant must either:

i.

Obtain permits; or

ii.

Obtain services and/or facilities;

O.

Any other information that the Planning Director determines is necessary to determine whether the application complies with the standards established in this section.

(iii)

Sketch plan. Multiple sketch plans may be submitted and the sketch plans shall be drawn to scale. The following shall be included on the requested sketch plan:

A.

The general location and amount of land proposed for each land use including single-family residential, multifamily residential, institutional, office, commercial, industrial, common open space/recreation, street use, etc.;

B.

Conceptual lot lines;

C.

Pedestrian and motor traffic circulation;

D.

Location, acreage, and type (freshwater or critical line/marsh) of all wetlands as they exist prior to development. The location and acreage of all freshwater wetlands to be developed upon shall be indicated;

E.

Architectural elevations for each type of residential and nonresidential unit;

F.

The general location, size and capacity of all existing and proposed water and sewer lines;

G.

Areas to be included in each phase of development, including the location of all common open space areas;

H.

The location of all construction entrances;

I.

A landscaping sketch plan, including the location and composition of all screening and buffering materials;

J.

A utility sketch plan with the location of any on-site natural areas, buffers, trees and sidewalks that may be impacted by utility facilities including existing and proposed location of any easements or rights-of-way;

K.

Any other information that the Planning Director determines is necessary to determine whether the application complies with the standards established in this section.

(iv)

Planning Director review and report. Once an application is deemed complete and to contain all information required herein by the Planning Director, the application will be scheduled for a Planning Commission meeting and the applicant and other interested parties will be notified in accordance with this article. The Planning Director shall prepare a staff report that reviews the PD development plan application in light of the underlying zoning district standards contained in division 2 of this article, and all other applicable development standards and planning policies.

(v)

Planning Commission review and recommendation. The Planning Commission shall review the proposed PD development plan and adopt a resolution recommending that the Town Council approve, approve with conditions or deny the proposed development plan. The Planning Commission's recommendation shall be based on the approval criteria set forth in subsection (f)(5)(vii) of this section. The Planning Commission shall submit its recommendation to the Town Council within 30 calendar days of the Planning Commission meeting at which the PD development plan was introduced. At any time prior to action by the Planning Commission, the applicant may request that the Planning Commission enter mediation. When mediation is requested, the Planning Commission shall assign one of its members as a representative in mediation proceedings and the Planning Director shall represent the planning staff. A majority vote of the entire Planning Commission membership in a public meeting shall be required to accept any mediated settlement. An accepted mediated settlement cannot waive the standards of this article. Prior to beginning talks, applicable time limits for review and action on complete applications must be extended by mutual agreement of the applicant and Planning Commission.

(vi)

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 dose of the public hearing, take action to approve, approve with conditions or deny the proposed PD development plan based on the approval criteria set forth in subsection (f)(5)(vii) of this section. If the Town Council takes action to approve the PD development plan, it shall establish required timeframes for development of the entire planned development and its individual phases, if any. Within ten working days of approval by Town Council of a planned development, the applicant shall submit three copies of the approved planned development guidelines and sketch plan to the department. This plan shall contain all changes and conditions approved by Town Council.

(vii)

Approval criteria. Applications for PD development plan approval may be approved only if the Town Council determines that the following criteria are met:

A.

The PD development plan complies with the standards contained in this article;

B.

The development is consistent with the comprehensive plan and other adopted policy documents; and

C.

The Town and other applicable agencies will be able to provide necessary public services, facilities, and programs to serve the development proposed, at the time the property is developed.

Town Council will also consider:

A.

The developments impact on health, safety, and general welfare of the public;

B

The development's potential adverse impact on the natural environment, in.cluding air, water, noise, stormwater management, wildlife and vegetation;

C.

The development's potential adverse impact on existing infrastructure including potential cost of construction, land acquisition or any other necessary infrastructure improvements to support the proposed development; and

D.

Any other factors that the Town Council deems appropriate to consider.

(viii)

Identification of zoning maps. Approved planned developments shall be indicated on the official zoning map.

(ix)

Compliance with other regulations. Unless expressly stated in this section or approved at the time of a planned development approval, all applicable standards of this article and other law shall apply to development within a planned development. Planned developments may provide for variations from other ordinances and the regulations of other established zoning districts concerning use, setbacks, lot area, density, bulk and other requirements to accommodate flexibility in the arrangement of uses for the general purpose of promoting and protecting the public health, safety, and general welfare.

(x)

Subdivision of land located within approved planned developments. All subdivision of land located within approved planned developments shall be consistent with the stipulations approved by Town Council, and shall satisfy the requirements of this article.

(Code 1993, § 12A-505; Ord. No. 94-12, § 2(12A-508), 9-26-1994; Ord. No. 2005-08, § 12A-505, 10-12-2005; Ord. No. 2022-03, § 2(Attach. A), 6-7-2022)

The purpose and intent of the development agreement process encourages a developer to make a major capital facilities investment commitment based on comprehensive long term planning. Further, it ensures the adequate provision of public facilities for development, encourages the efficient use of resources, and potentially reduces the economic cost of development.

(1)

Minimum requirements.

a.

The Town of Kiawah Island may enter into a development agreement with a developer pursuant to the South Carolina Local Government Development Agreement Act of 1993, as amended, provided that the property contains a minimum of 25 acres or more of highland and the development will have a maximum build-out time as shown in the following table:

b.

Each development agreement must be approved by the Town of Kiawah Island through the adoption of an ordinance after complying with all of the provisions contained in the South Carolina Local Government Development Agreement Act of 1993, as amended.

(2)

Contents of agreement. Development agreements must include the following:

a.

Description and owners. A legal description of the property and names of legal and equitable owners.

b.

Duration. Development must be projected to take place over a period authorized by subsection (1) of this section. The termination date may be extended by agreement.

c.

Uses. Land uses, including population and building densities and heights.

d.

Public facilities. Description of public facilities to serve development; who they will serve and when.

e.

Dedication. Reservation or dedication of land for public purposes and environmental protection provisions.

f.

Permits. A description of all local development permits needed or approved. A statement shall be included that failure to list a permit does not relieve the developer from complying with the law.

g.

Comprehensive plan. A statement that the development is consistent with the Town of Kiawah Island Comprehensive Plan and this chapter.

h.

Conditions. Conditions, terms, restrictions or requirements necessary for public health, safety or welfare.

i.

Historic preservation. Description of provisions for preservation and restoration of historic structures.

j.

Time. Specific time for completion of development or any other phase.

k.

Responsible government. If more than one local government is a party to the agreement, the local government responsible for overall administration of the agreement shall be specified.

l.

Review Period. A time period no less than every 12 months from the approved date when the applicant shall submit to the Town a formal letter of compliance to the terms of the agreement.

m.

Other matters. Include any other matter not inconsistent with the law. A provision shall be included for application of new laws.

(3)

Development Agreement Procedure.

a.

Pre-application meeting. Before submitting a Development Agreement, the applicant shall confer with the Planning Director and any other officials designated by the Planning Director. The purpose of this pre-application meeting is to discuss the proposed development agreement review and approval procedures.

b.

Formal submittal. Upon receiving input from staff at the pre-application meeting, the applicant shall submit the development agreement and the required submittal materials where the Planning Director will review the submission for completeness.

c.

Development Agreement Planning Commission Workshop. Development Agreement applicants shall present the Development Agreement to the Planning Commission for discussion and feedback purposes only and no action shall be taken at the workshop.

(i)

At least ten business days prior to the Planning Commission Workshop the applicant shall submit the proposed development agreement.

(ii)

The Planning Director may also recommend additional workshops, as necessary before a formal application is to be considered by the Planning Commission.

d.

Planning Commission review and recommendation. The Planning Commission shall review the proposed development agreement for consistency with the comprehensive plan and this article and shall make a recommendation to Town Council to approve, approve with conditions or deny the proposed development agreement. The Planning Commission shall submit its recommendations to the Town Council within 30 calendar days of the Planning Commission meeting at which the development agreement was formally introduced.

e.

Public hearings required. After receiving the recommendation of the Planning Commission, the Town Council shall hold at least two public hearings. The Planning Commission may be authorized to conduct the hearings. The time and place of the second hearing shall be announced at the first hearing.

f.

Public hearing notice. Published, personal, and parties in interest notice of the public hearings shall be provided in accordance with the requirements of section 12-156. The published notice shall state the location of the property, proposed uses, and where copies of the agreement may be obtained.

(4)

Approval Criteria. Development Agreements approval may be approved only if the Town Council determines the following criteria are met:

a.

The development agreement complies with the standards contained in this article;

b.

The development agreement is consistent with the comprehensive plan and other policy documents;

c.

The Town and other applicable agencies will be able to provide necessary public services, facilities and programs.

Town Council will also consider:

a.

The potential impact on health, safety and general welfare of the public;

b.

The potential adverse impact on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation;

c.

The potential adverse impact on existing infrastructure including potential cost of construction, land acquisition or any other necessary infrastructure improvements.

d.

Any other factors that the Town Council deems appropriate to consider.

(5)

Decision on development agreement by Town Council. A majority vote of Town Council members present and voting shall be required to approve the development agreement. Each development agreement shall be approved by adoption of an ordinance.

(6)

Modifications to the Development Agreement. All major modifications to the Development Agreement must have Planning Commission review and provide recommendation to Town Council and must be approved by Town Council by adoption of an ordinance. Any modification to the development standards (use standards, setbacks, buffers, building heights, lot coverage, etc.) or development schedule or term period outlined in the development agreement would be considered a major modification. Items which are clerical or ministerial in nature are considered minor modification to the Development Agreement and may be reviewed and approved by the Town Council by a simple majority vote without review and recommendation of the Planning Commission. The Planning Director, legal counsel and Town Council shall determine whether a proposed modification to the previously approved Development Agreement is considered a minor or major modifications.

(7)

Amendment. Development agreements may be amended or terminated by consent of the parties involved. Any amendment or termination of a development agreement shall be executed through an adopted ordinance.

(8)

Recording development agreements. Development agreements shall be recorded in the land records of Charleston County within 14 days after the execution of the agreement.

(9)

Required review of development agreement. Each development agreement shall be reviewed one time at least every 12 months by the Planning Director.

(10)

Compliance with State and Federal Laws. Development agreement provisions shall be modified or suspended to comply with State and/or Federal Laws enacted after the agreement is executed.

(Code 1993, § 12A-506; Ord. No. 2005-08, § 12A-506, 10-12-2005; Ord. No. 2025-05, § 2(Exh. A), 5-6-2025)

(a)

The purpose and intent of special exceptions are uses which are generally compatible with the permitted land uses in a zoning district, but which require specific review of the location of the site and the design, configuration and operation of the proposed use, as well as the possibility of imposition of conditions in order to ensure the compatibility of the use at a particular location within the zoning district. They are acted upon by the Board of Zoning Appeals.

(1)

An applicant initiates the special exception process when they submit an application to the Planning Director accompanied by a site plan drawn to engineer's scale which contains the following information:

a.

The shape and dimensions of the existing lot of record;

b.

The size and location of all existing structures;

c.

The lines within which any proposed structures shall be erected, altered, or moved, and the location of any officially approved building setback lines;

d.

The existing and proposed use of each structure and part thereof;

e.

The uses and zoning of adjoining properties;

f.

The number of dwelling units in each existing building and the number of dwelling units that each proposed building is intended to accommodate;

g.

The size and location of all proposed driveways, off-street loading areas and off-street parking areas containing more than six parking spaces;

h.

The heights of all proposed structures and parts thereof;

i.

Finished first floor elevation above mean sea level requirement and the flood hazard zone designation if in a special flood hazard A or V zone;

j.

If a zoning district or text amendment is also required or requested, or if the proposed special exception use requires a division of land, an application for a zoning amendment, subdivision or land development shall be submitted in conjunction with the application for a special exception;

k.

A copy of the approved and recorded plat;

l.

Applicant's letter of intent explaining the proposed use and how it meets the approval criteria of subsection (a)(6) of this section; and

m.

Such other reasonable and pertinent information with regard to the zoning lot or neighboring lots as the Planning Director may find necessary to carry out the purposes and intent of this article.

(2)

Only those uses that are enumerated as special exceptions in a particular zoning district shall be authorized by the Board of Zoning Appeals (refer to table 3A in section 12-102, zoning use table). No special use shall be established until a special exception is granted in accordance with the provisions of this section.

(3)

Status of special exceptions.

a.

The designation of a use in a zoning district as a special exception does not constitute an assurance that such use will be approved.

b.

Approval of a special exception authorizes only the particular use for which the special exception is granted.

c.

No use permitted by special exception shall be enlarged, extended, increased in intensity or relocated unless an application is made for a new special exception.

d.

Development of a special exception use shall not be undertaken until the applicant has secured all permits and approvals required by this article; this Code of Ordinances; and by Regional, State and Federal Agencies.

(4)

Application for special exception.

a.

An application for a special exception may be submitted by the property owner or by the property owner's designated representative. The current property owner shall sign the special exception application.

b.

The application shall be submitted to the Planning Director. The application shall be accompanied by a site plan prepared in accordance with requirements of section 12-162, site plan review. Applicants shall attend at least one site plan review meeting prior to submitting the application for special exception.

c.

If the proposed special exception requires a division of land, an application for a subdivision or other land division shall be submitted in conjunction with the application for the special exception. Approval of the special exception permit shall not become effective until final approval of the subdivision application; provided, that if the land is to be divided in phases, the approval of the special exception shall take effect upon final approval of the phase of the subdivision containing the property on which the special exception use is to be located.

(5)

Procedures for granting special exceptions. The Planning Director shall review each proposed special exception in light of the approval criteria of subsection (a)(6) of this section, and if deemed necessary, distribute the application to other agencies and reviewers. Based on the results of those reviews, the Planning Director shall provide a report on the proposed special exception to the Board of Zoning Appeals. The Board of Zoning Appeals, at a scheduled public hearing of the Board, shall determine whether a special exception will be granted. The Board of Zoning Appeals shall conduct the public hearing pursuant to section 12-156. Published, personal, parties in interest and posted notice for the public hearing shall comply with section 12-156.

(6)

Approval criteria. When considering applications for a special exception, the Board of Zoning Appeals shall evaluate the impact of the special use on, and its compatibility with, surrounding properties and neighborhoods to ensure the appropriateness of the use at the particular location. The Board of Zoning Appeals shall specifically consider the extent to which:

a.

The proposed use at the specified location is consistent with the vision and goals embodied in the comprehensive plan;

b.

The proposed use is consistent with the general purpose and intent of this article, including any use conditions or zoning district standards;

c.

The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods, and includes improvements or modifications either on-site or within the public rights-of-way to mitigate development-related adverse impacts, such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods. These improvements or modifications may include, but shall not be limited to the placement or orientation of buildings and entryways, parking areas, bufferyards, and the addition of landscaping, walls, or both, to ameliorate such impacts;

d.

The proposed use is compatible with the character of the underlying zoning district;

e.

Where applicable, the proposed use will be developed in a way that will preserve and incorporate any important natural features;

f.

The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood;

g.

The proposed use incorporates roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets;

h.

The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed special use on adjacent properties;

i.

The proposed use complies with all other requirements of this article applicable to the proposed special exception use; and

j.

The proposed use is not materially detrimental to the public health, safety, convenience and welfare.

(7)

Decision on special exception. The Board of Zoning Appeals shall render its decision on the special exception application based on the approval criteria of subsection (a)(6) of this section and in accordance with the public hearing procedures contained in section 12-156, and may impose conditions which it determines are necessary to protect the public health, safety and welfare. If the appropriateness of the special exception cannot be assured at the location where proposed, the application for special exception permit shall be denied as being incompatible with existing uses or uses permitted by right in the zoning district.

(8)

Appeals. Appeal shall be to the Circuit Court in and for Charleston County, pursuant to S.C. Code 1976, § 6-29-820.

(9)

Lapse of approval. An approved special exception shall lapse and be of no further effect 12 months after the date that the special exception was approved by the Board of Zoning Appeals unless a complete application of a zoning permit is submitted in accordance with section 12-165, or if no zoning permit is required, unless construction or development has commenced and is being diligently pursued.

(b)

A single one-year extension of a special exception approval may be allowed if construction or development has commenced and is being diligently pursued. Applications for extensions of special exception approvals shall be submitted to the Planning Director on forms available in the Planning Department at least 15 days prior to the expiration of the special exception approval.

(Code 1993, § 12A-507; Ord. No. 94-12, § 2(12A-506), 9-26-1994; Ord. No. 2005-08, § 12A-507, 10-12-2005)

The purpose of a site plan review is to ensure that all applicable requirements of this article are complied with prior to the issuance of a zoning and building permit.

(1)

Applicability.

a.

Generally. The site plan review process, administered by the Department of Planning, shall be required for all new construction, exterior remodeling involving a change in the building footprint, parking areas or other impervious surfaces, change of use that results in a more intense use, and additions to any structure used for any purpose (except detached single-family residences). No zoning or building permit shall be issued for a development subject to site plan review until the site plan has been approved in accordance with the provisions contained within this article.

b.

Single-family detached residential. The site plan review process, requiring site plan review application, will not apply to detached single-family residences. However, a review by planning staff to determine compliance with all applicable zoning regulations is required.

(2)

Application. The property owner or designated representative may initiate site plan review by filing an application with the Planning Director. The contents of the application shall be included on a form developed by the Town. If more than one use in a project or more than one use located on a single tract of land is subject to site plan review, the necessary applications may be submitted in phases; provided, however, that the overall concept is first reviewed with the Planning Director and the Planning Commission. A letter of intent shall be submitted by the applicant describing the proposed use.

(3)

Procedures for issuance of site plan approval.

a.

Site plans for permitted uses shall be reviewed by the Planning Director in conjunction with the zoning permit process. The Planning Director's review and action shall be based on the conformity of the site plan with district regulations, approved plats and the comprehensive plan.

b.

Site plans for development projects containing commercial uses or non-single-family residential uses where total structures on the site are greater than 20,000 square feet in size, or contain more than seven residential dwelling units, must be submitted to the Planning Commission for review and comment prior to approval by the Planning Director.

i.

The Planning Director's review and approval shall be based on the conformity of the site plan with district regulations, approved plats and the comprehensive plan.

c.

Site plans for special exceptions shall be reviewed by the Planning Director prior to the application being presented to the Board of Zoning Appeals pursuant to section 12-159.

d.

Tree Preservation Plans shall be reviewed and approved by the Landscape and Tree Preservation Board pursuant to section 12-129 prior to the issuance of site plan review approval.

e.

Site plans for planned developments shall be reviewed by the Planning Director, Planning Commission and Town Council pursuant to section 12-158 when the planned development does not contain a detailed site plan.

f.

A site plan may be approved, approved with conditions, or denied.

(4)

Submittal requirements. A site plan must be drawn to engineers scale and contain the following information:

a.

The shape and dimensions of the zoning lot;

b.

The size and location of all existing structures;

c.

The lines within which any proposed structures shall be erected, altered, or moved; and the locations of any officially approved building setback lines;

d.

The heights of all proposed structures and parts thereof;

e.

The existing and proposed use of each structure and part thereof;

f.

The uses and zoning of adjoining properties;

g.

The number of dwelling units in each existing building and the number of dwelling units that each proposed building is intended to accommodate;

h.

The size and location of all proposed driveways, off-street loading areas and off-street parking areas;

i.

Finished first floor elevation above mean sea level requirement and the flood hazard zone designation if in a special flood hazard A or V zone;

j.

Review comments from the St. John's Fire District;

k.

Tree survey, tree preservation plan, and or landscape plan as required by this article; and

l.

Such other reasonable and pertinent information with regard to the zoning lot or neighboring lots as the Planning Director may find necessary to carry out the purposes and intent of this article.

(Code 1993, § 12A-508; Ord. No. 94-12, § 2(12A-507), 9-26-1994; Ord. No. 2005-08, § 12A-508, 10-12-2005; Ord. No. 2024-01, § 2(Exh. B), 4-2-2024; Ord. No. 2024-09, § 2(Exh. A), 6-4-2024)

(a)

The purpose of a variance is to afford an applicant relief from the requirements of the strict letter of this article when unnecessary hardship or practical difficulty exists.

(1)

Variances authorized by Board of Zoning Appeals. The Board of Zoning Appeals is authorized to grant variances only in harmony with the general purpose and intent of this article and in accordance with the standards herein.

(2)

Application for variance. An application for a variance, together with an application for a zoning permit, shall be filed in duplicate with the Planning Director, who shall forward a copy of each to notification of the Board of Zoning Appeals hearing shall comply with section 12-156. The structure on the subject property shall be physically staked out before the application is submitted to the Planning Director. The application shall contain the following information, as well as such additional information as may be prescribed by rule of the Board of Zoning Appeals:

a.

A letter of intent submitted by the applicant describing the specific requirements of this article which prevent the proposed use or construction;

b.

The characteristics of the subject property which prevent compliance with the requirements of this article;

c.

The minimum reduction in the requirements of this article which would be necessary to permit the proposed use or construction;

d.

The particular hardship which would result if these requirements were applied to the subject property; and

e.

A copy of the approved recorded plat together with a site plan drawn to engineers scale showing the property dimensions, dimensions and locations of existing and proposed structures and improvements, parking areas, Grand trees, wetlands, holding basins and buffers when applicable.

All proposed 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 variance.

(3)

Hearing on variance. A hearing on the application for a variance shall be held by the Board of Zoning Appeals pursuant to notice as specified in section 12-156.

(4)

Approval criteria. The Board of Zoning Appeals 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 variance shall be granted unless the applicant shall show and the Board of Zoning Appeals shall find that:

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 the ordinance to the particular piece of property would effectively prohibit or unreasonable 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 fact that property may be utilized more profitably, should a variance be granted, may not be considered grounds for a variance;

g.

The need for the variance shall not be the result of the applicant's own actions;

h.

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

i.

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

(5)

Stipulations, conditions or safeguards. 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, 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.

(6)

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

(b)

A single one-year extension of a zoning variance approval may be allowed if construction or development has commenced and is being diligently pursued. Applications for extensions of zoning variance approvals shall be submitted to the Planning Director on forms available in the Planning Department at least 15 days prior to the expiration of the zoning variance approval.

(Code 1993, § 12A-509; Ord. No. 94-12, § 2(12A-509), 9-26-1994; Ord. No. 2005-08, § 12A-509, 10-12-2005)

(a)

Administrative permits are used when action by the Town Council or Planning Commission is not needed. These permits may be issued by the Planning Director and include zoning permits, building permits, construction permits, certificates of occupancy, conditional use permits and emergency permits.

(b)

Administrative permits are required prior to commencing any development activity.

(Code 1993, § 12A-510; Ord. No. 94-12, § 2(12A-503), 9-26-1994; Ord. No. 2005-08, § 12A-510, 10-12-2005)

The purpose of zoning permits is to confirm that the intended use fully complies with the provisions of the zoning district.

(1)

Required. A zoning permit shall be required before any of the following are permitted:

a.

The issuance of a building permit under the Town of Kiawah Island building code;

b.

New construction;

c.

Additions to existing structures;

d.

Relocation of any house;

e.

Excavation, clearing, and/or grubbing preparatory to constructing a structure for which a building permit is required;

f.

Improvement any lot by grading, filling, or surfacing or by constructing driveways or by constructing or enlarging parking areas containing six or more parking spaces;

g.

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;

h.

Installation of any sign as specified within this article;

i.

Construction and or installation of fences;

j.

Utility construction;

k.

Obtainment of a business license;

l.

Tree removal pursuant to section 12-129, Tree Preservation and Landscaping Standards;

m.

Construction and or installation of Docks, erosion control devices or structures as specified within this article; or

n.

Any earth disturbing activity.

(2)

Zoning permit application forms. Requests for approval of zoning permit applications shall be made on forms provided by the Town. The Town may promulgate submittal requirements, instructions for completing forms, internal procedures for acceptance and filing of development applications, and provisions for waiver through the establishment of administrative guidelines.

(3)

Submission and determination of a complete zoning permit application. All zoning permit applications shall be submitted to the Planning Director or authorized designee. If all required information is included per section 12-155, the application shall be deemed complete and accepted, along with any established fees. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this article. Submittal of a complete application initiates the application process.

(4)

Official filing date. All time limits for processing or acting upon development applications shall commence on the date that a completed application, along with any established fees, are submitted to the Planning Director. Substantial modification of an application by the applicant following the filing of the zoning permit application but prior to the expiration of the period within which the Town is required to act shall extend the period for a like time following the Planning Director's determination that the modified zoning permit application is complete.

(5)

Time of expiration. Zoning permits shall become invalid if a building permit is required but not issued within 12 months of the date of issuance of the zoning permit or if a building permit is not required.

(Code 1993, § 12A-511; Ord. No. 2005-08, § 12A-511, 10-12-2005; Ord. No. 2024-01, § 2(Exh. C), 4-2-2024; Ord. No. 2025-04, § 2(Exh. A), 5-6-2025)

A building permit is a Town license which allows construction or installation of any building or structure. It may be issued only after a zoning permit has been approved and issued.

(1)

Building permit application forms. A zoning permit must be obtained prior to application for a building permit.

(2)

Submission and determination of a complete building permit application. All building permit applications shall be submitted to the Planning Director or authorized designee. If all required information is included per section 12-155, the application shall be deemed complete and accepted, along with any established fees. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this article. Submittal of a complete application initiates the application process.

(3)

Processing of application and report. Following the determination that a building permit application is complete, the Planning Director shall substantively review the application, forward it for review to any appropriate advisory body, and prepare a report to the Planning Commission, Board of Zoning Appeals or Town Council, as may be required, within 30 working days.

(4)

Official filing date. All time limits for processing or acting upon development applications shall commence on the date that a completed application, along with any established fees, are submitted to the Planning Director. Substantial modification of an application by the applicant following the filing of the building permit application but prior to the expiration of the period within which the Town is required to act shall extend the period for a like time following the Planning Director's determination that the modified building permit application is complete.

(5)

Time of expiration.

a.

It is intended that residential and other structures be completed on a reasonably timely basis. This serves to avoid conditions which could cause hazards to persons or to property and/or diminution in value of neighborhood properties. Structures must be completed within the following timeframe for houses:

1.

Under 3,000 heated square feet: 18 months.

2.

Of 3,000 to 5,000 heated square feet: 24 months.

3.

Over 5,000 heated square feet: 30 months.

b.

If the applicant fails to satisfy any condition that was imposed as part of the original or revised approval of the zoning permit application or that was made pursuant to the terms of any development agreement within the time limits established for satisfaction of such condition or term, or if the applicant fails to present a subsequent zoning permit application as required by this article and other applicable Town ordinances within the time so required.

The applicant shall be in violation of this article and shall be subject to fines or penalties as prescribed in this article in addition to any other remedies that avail under South Carolina State Law.

(6)

Building permit extensions. Any person owning, leasing, occupying or having charge of any premises shall have the opportunity to petition the Kiawah Island Planning Director in writing, and if good cause is shown, the Planning Director shall have the authority to extend a building permit for a period of up to an additional six months. Such petition for an extension shall be filed at least 30 days prior to the expiration of the period noted in this section.

(Code 1993, § 12A-512; Ord. No. 2005-08, § 12A-512, 10-12-2005)

The purpose of a certificate of occupancy is the authorization which allows a residence or other structure to be occupied.

(1)

Certificate of occupancy application forms. Certificates of occupancy are issued by the Town of Kiawah Island Building Services Department.

(2)

Requirements. No structure or zoning lot or part thereof for which a zoning permit has been issued shall be used or occupied until the Building Inspection Services Director 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 article. 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 article or the applicable zoning permit.

(3)

Utility connections.

a.

Temporary electrical power permits shall require authorization from the Planning Director prior to such services being provided by the utility companies.

b.

Electric or gas utility companies or cooperatives shall not provide their permanent service until receipt of an approved certificate of occupancy.

(Code 1993, § 12A-513; Ord. No. 2005-08, § 12A-513, 10-12-2005)

Emergency permits are nonrenewable permits intended for uses damaged or destroyed by fire, flood, wind or act of God or where strict compliance with zoning permit requirements will impair the health or safety of the affected individuals or the security of the premises.

(1)

Emergency permit application forms. Emergency permits are issued by the Planning Director.

(2)

Requirements.

a.

If the use for which an emergency permit is applied is a legal nonconforming use, the emergency permit may be issued for the time period specified in section 12-166(5);

b.

Zoning permit requirements may be temporarily waived if major disaster affects health, safety, welfare and normal administrative process will delay necessary remedial action.

(Code 1993, § 12A-514; Ord. No. 2005-08, § 12A-514, 10-12-2005)

The purpose of this section is to provide for review and use of best management practices for stormwater management and construction practices for the purposes of reducing flooding, protecting local water quality, managing storage and treatment of stormwater runoff, reducing pollution of the marsh, reducing erosion, and managing fill as a result of construction activities.

1.

Applicability.

a.

Generally. A stormwater management plan is required to be submitted to the Town for review in accordance with the provisions contained within this section for the following site changes:

i.

All new construction, exterior remodeling involving a change in the building footprint, parking areas or other impervious surfaces, change of use that results in a more intense use, or additions to any site which cumulatively exceeds 500 square feet in area.

ii.

Adding fill or recontouring of 20 percent or more of the existing lot area for lots which are 12,000 square feet or greater in size.

iii.

Adding fill or recontouring a lot less than 12,000 square feet in size that would impact the stormwater management as determined by the Planning Director.

2.

Application. No zoning or building permit shall be issued for a development project until a stormwater management plan has been reviewed and approved in accordance with the provisions contained within this section.

3.

Submittal Requirements. The property owner or designated representative shall initiate stormwater management review by filing an application with the Planning Director. The contents of the application shall be included on a form developed by the Town, as may be amended from time to time.

a.

The stormwater management plan and construction specifications must be stamped and signed by a registered engineer or landscape architect actively licensed in the State of South Carolina.

b.

All stormwater plans must include:

i.

A scaled site plan and survey illustrating all existing and proposed topographical features of all respective lot or lots;

ii.

Existing and proposed drainage flow patterns;

iii.

A site narrative describing the means and methods of preventing adverse impacts to adjacent, downstream, and/or surrounding properties; and

iv.

Such other reasonable and pertinent information, materials, design specifications and maintenance schedules with regard to the stormwater, the subject property, or neighboring lots as the Planning Director may find necessary to carry out the purposes and intent of this section and to ensure compliance with South Carolina Department of Environmental Services, the Charleston County Stormwater Program Permitting Standards and Procedures Manual as amended and any other applicable Town of Kiawah Island standards within this article.

c.

Inspection reports shall be submitted for review for development projects greater than 20,000 square feet in size or as recommended by the Planning Director or its designee.

i.

The applicant shall be responsible for notifying the Town of when to schedule an inspection.

4.

Requirement for Third Party Review.

a.

Submission Requirement: As part of any permit application for any proposed development, improvement or construction project within the jurisdiction of the Town of Kiawah Island, or encroachment to the Town of Kiawah Island right of way, the applicant shall submit a stormwater management plan prepared in accordance with applicable standards.

b.

Third Party Review Requirement: The stormwater management plan submitted by the applicant shall be reviewed by a third-party reviewer, selected or approved by the Town to ensure compliance with all relevant stormwater management regulations, best management practices and applicable standards.

c.

Third Party Review Fees: The applicant shall be responsible for paying all fees associated with the third-party review. These fees shall be determined by the Town based on the scope and complexity of the review required by the stormwater management plan. The fees must be paid in full before the permit is issued.

d.

Third Party Review Report: The approved third-party reviewer shall furnish its review findings to the Planning Director and the applicant.

5.

Procedures for issuance of stormwater management plan approval.

a.

Stormwater management plans shall be reviewed and are subject to the approval of the Planning Director or Building Official.

b.

Upon review and of third party reviewer report, a stormwater management plan may be approved, approved with conditions, or denied.

(Ord. No. 2024-20, § 2(Exh. A), 3-4-2025)