EXCEPTIONS AND MODIFICATIONS
If two or more adjoining and vacant lots with continuous frontage are in a single ownership at any time after the adoption of the ordinance from which this chapter is derived, and lots individually are less than 50 feet in width, such groups of lots shall be considered as a single lot or several lots of minimum permitted size and the lot in single ownership shall be subject to the requirements of this chapter.
(Code 1983, § 22-11.2; Ord. of 3-21-1971, art. XI, § 2)
The setback requirements of this chapter for residential structures shall not apply to any lot where the average setback on developed lots which are located within 100 feet on each side of such lot, and within the same block, zoning district and fronting on the same street as such lot, is less than the minimum required setback. In such cases, the setback on such lots may be less than the required setback but not less than the average of the existing setbacks of the developed lots within 100 feet on each side of such lots.
(Code 1983, § 22-11.3; Ord. of 3-21-1971, art. XI, § 3)
Unless otherwise provided for in this article, the yard setback requirements of this chapter shall not apply to the following classes of improvements:
(1)
Driveways and curbs.
(2)
Fences, providing the vision clearance requirements of this chapter are met.
(3)
Cornice, sill, chimney, belt course, canopy or similar architectural feature, providing the projection does not exceed three feet into any yard.
(4)
Open stairway or balcony, providing the projection does not exceed three feet into any yard.
(5)
Open, uncovered porch, platform or landing, providing the projection does not exceed three feet into any yard.
(6)
Walls or hedges, providing the vision clearance requirements of this chapter are met.
(Code 1983, § 22-11.4; Ord. of 3-21-1971, art. XI, § 4)
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, domes, monuments, water towers, observation towers, transmission towers, masts, aerials, chimneys, flagpoles, silos, smokestacks, or any other structure not intended for human occupancy.
(Code 1983, § 22-11.5; Ord. of 3-21-1971, art. XI, § 5)
The provisions of this chapter shall not apply to the construction, installation, operation or maintenance for public utility purposes, of water, sewer, oil, and gas pipes, mains and conduits, electric power transmission and distribution lines, telephone and telegraph lines, incidental appurtenances and substations unless otherwise provided for in this chapter.
(Code 1983, § 22-11.6; Ord. of 3-21-1971, art. XI, § 6)
It shall be the duty of the code enforcement officer of the city to enforce the provisions of this chapter within the corporate limits of the city in a manner and form and within the authority provided in the laws of the state and in the Charter and ordinances of the city.
(Code 1983, § 22-11.7; Ord. of 3-21-1971, art. XI, § 7)
A building permit issued by the code enforcement officer shall be required in advance of the initiation of construction, erection, moving or alteration of any building or structure. All applications for building permits shall be accompanied by a plat of the property and a plan in duplicate, drawn to scale, showing actual dimensions of the lot to be built upon; the size of the building to be erected; the location of the building on the lot; the number of dwelling units the building is designed to accommodate; the setback lines of buildings on adjoining lots, and such other information as may be required by the code enforcement officer in determining whether the provisions of this chapter are being observed.
(Code 1983, § 22-11.8; Ord. of 3-21-1971, art. XI, § 8)
A certificate of occupancy shall be required in advance of occupancy or use of:
(1)
Any building or structure hereafter erected or moved.
(2)
Any building hereafter altered so as to affect the front, side, or rear yards thereof.
(3)
Any building, structure or premises in which there is a change of occupancy or use.
No such certificate of occupancy shall be issued unless the premises or buildings comply with all provisions of this chapter.
(Code 1983, § 22-11.9; Ord. of 3-21-1971, art. XI, § 9)
It is the intent of this chapter that all questions arising in connection with the enforcement or interpretation of this chapter (except as otherwise expressly provided in this chapter) shall be first presented to the code enforcement officer and that such questions shall be presented to the zoning board of adjustment only after a decision by the code enforcement official, and that, from the decisions by the zoning board of adjustment, recourse shall be to the courts, as provided by law. It shall be the duty of the city council after favorable recommendation by the planning and zoning commission to hold a public hearing and thereafter vote upon any proposed amendment to this chapter, as provided by law. Amendment of zoning regulations or the zoning map shall be done in accordance with S.C. Code 1976, § 6-29-700.
(Code 1983, § 22-11.10; Ord. of 3-21-1971, art. XI, § 10)
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this chapter, the code enforcement officer or any other appropriate authority, or any property owner who would be damaged by such violations, in addition to other remedies, may institute injunction, mandamus, or appropriate action in proceeding to prevent the violation in the case of such building, structure or land.
(Code 1983, § 22-11.11; Ord. of 3-21-1971, art. XI, § 11)
Any person or corporation, whether as principal, agent, employee, or otherwise, who violates any of the provisions of this article, shall be fined $10.00 for each offense, such fine to inure to the city. Each day of the existence of any violation shall be deemed a separate offense.
(Code 1983, § 22-11.12; Ord. of 3-21-1971, art. XI, § 12)
EXCEPTIONS AND MODIFICATIONS
If two or more adjoining and vacant lots with continuous frontage are in a single ownership at any time after the adoption of the ordinance from which this chapter is derived, and lots individually are less than 50 feet in width, such groups of lots shall be considered as a single lot or several lots of minimum permitted size and the lot in single ownership shall be subject to the requirements of this chapter.
(Code 1983, § 22-11.2; Ord. of 3-21-1971, art. XI, § 2)
The setback requirements of this chapter for residential structures shall not apply to any lot where the average setback on developed lots which are located within 100 feet on each side of such lot, and within the same block, zoning district and fronting on the same street as such lot, is less than the minimum required setback. In such cases, the setback on such lots may be less than the required setback but not less than the average of the existing setbacks of the developed lots within 100 feet on each side of such lots.
(Code 1983, § 22-11.3; Ord. of 3-21-1971, art. XI, § 3)
Unless otherwise provided for in this article, the yard setback requirements of this chapter shall not apply to the following classes of improvements:
(1)
Driveways and curbs.
(2)
Fences, providing the vision clearance requirements of this chapter are met.
(3)
Cornice, sill, chimney, belt course, canopy or similar architectural feature, providing the projection does not exceed three feet into any yard.
(4)
Open stairway or balcony, providing the projection does not exceed three feet into any yard.
(5)
Open, uncovered porch, platform or landing, providing the projection does not exceed three feet into any yard.
(6)
Walls or hedges, providing the vision clearance requirements of this chapter are met.
(Code 1983, § 22-11.4; Ord. of 3-21-1971, art. XI, § 4)
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, domes, monuments, water towers, observation towers, transmission towers, masts, aerials, chimneys, flagpoles, silos, smokestacks, or any other structure not intended for human occupancy.
(Code 1983, § 22-11.5; Ord. of 3-21-1971, art. XI, § 5)
The provisions of this chapter shall not apply to the construction, installation, operation or maintenance for public utility purposes, of water, sewer, oil, and gas pipes, mains and conduits, electric power transmission and distribution lines, telephone and telegraph lines, incidental appurtenances and substations unless otherwise provided for in this chapter.
(Code 1983, § 22-11.6; Ord. of 3-21-1971, art. XI, § 6)
It shall be the duty of the code enforcement officer of the city to enforce the provisions of this chapter within the corporate limits of the city in a manner and form and within the authority provided in the laws of the state and in the Charter and ordinances of the city.
(Code 1983, § 22-11.7; Ord. of 3-21-1971, art. XI, § 7)
A building permit issued by the code enforcement officer shall be required in advance of the initiation of construction, erection, moving or alteration of any building or structure. All applications for building permits shall be accompanied by a plat of the property and a plan in duplicate, drawn to scale, showing actual dimensions of the lot to be built upon; the size of the building to be erected; the location of the building on the lot; the number of dwelling units the building is designed to accommodate; the setback lines of buildings on adjoining lots, and such other information as may be required by the code enforcement officer in determining whether the provisions of this chapter are being observed.
(Code 1983, § 22-11.8; Ord. of 3-21-1971, art. XI, § 8)
A certificate of occupancy shall be required in advance of occupancy or use of:
(1)
Any building or structure hereafter erected or moved.
(2)
Any building hereafter altered so as to affect the front, side, or rear yards thereof.
(3)
Any building, structure or premises in which there is a change of occupancy or use.
No such certificate of occupancy shall be issued unless the premises or buildings comply with all provisions of this chapter.
(Code 1983, § 22-11.9; Ord. of 3-21-1971, art. XI, § 9)
It is the intent of this chapter that all questions arising in connection with the enforcement or interpretation of this chapter (except as otherwise expressly provided in this chapter) shall be first presented to the code enforcement officer and that such questions shall be presented to the zoning board of adjustment only after a decision by the code enforcement official, and that, from the decisions by the zoning board of adjustment, recourse shall be to the courts, as provided by law. It shall be the duty of the city council after favorable recommendation by the planning and zoning commission to hold a public hearing and thereafter vote upon any proposed amendment to this chapter, as provided by law. Amendment of zoning regulations or the zoning map shall be done in accordance with S.C. Code 1976, § 6-29-700.
(Code 1983, § 22-11.10; Ord. of 3-21-1971, art. XI, § 10)
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this chapter, the code enforcement officer or any other appropriate authority, or any property owner who would be damaged by such violations, in addition to other remedies, may institute injunction, mandamus, or appropriate action in proceeding to prevent the violation in the case of such building, structure or land.
(Code 1983, § 22-11.11; Ord. of 3-21-1971, art. XI, § 11)
Any person or corporation, whether as principal, agent, employee, or otherwise, who violates any of the provisions of this article, shall be fined $10.00 for each offense, such fine to inure to the city. Each day of the existence of any violation shall be deemed a separate offense.
(Code 1983, § 22-11.12; Ord. of 3-21-1971, art. XI, § 12)