The following zoning districts are established in accordance with the city zoning ordinance. The provisions of this article shall be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Whenever the requirements of this article are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive, or that imposing the higher standards, shall govern.

(1)

Residential districts. The following residential use districts are hereby established: R-15, R-10, R-6, MF, and MHP. Each of these districts is designed for the persons who reside there and intended to secure a comfortable, healthy, safe, and pleasant environment in which to live, sheltered from incompatible and disruptive activities.

a.

The R-15 Residential District is designed to accommodate the least dense single-family residential developments within the city. The principal use of land is for single-family dwellings and for related recreational, religious and educational facilities normally required to provide orderly and attractive residential areas. The regulations for this district are intended to discourage any use which, because of its character, would interfere with the development of or be detrimental to the quiet residential nature of the area included in the district.

b.

The R-10 Residential District is designed to accommodate both single- and two-family residential developments within those areas of the city where a slightly higher density than is allowed in the R-15 district is appropriate. The principal use of land is for single- and two-family dwellings and for related recreational, religious and educational facilities normally required to provide orderly and attractive residential areas. The regulations for this district are intended to discourage any use which, because of its character, would interfere with the development of or be detrimental to the quiet residential nature of the area included in the district.

c.

The R-6 Residential District is established for the most dense residential development within the city. The principal use of land is for single- and two-family dwellings and for related recreational, religious and educational facilities normally required to provide orderly and attractive residential areas. The regulations for this district are intended to discourage any use which, because of its character, would interfere with the development of or be detrimental to the quiet residential nature of the area included in the district.

d.

The MF Multiple-Family District is designed to accommodate moderate density single-family development and low density multiple-family developments in areas within the city's planning jurisdiction that are appropriate for development at higher densities. This district should function as the location for alternative housing types near or in direct relationship to single-family detached housing. The maximum density permitted in this district for single-family developments (including duplexes) and for multiple-family development is found in section 44-192.

e.

The MHP Manufactured Home Park District is established to accommodate planned manufactured housing park developments. This district affords city residents with an alternative housing type and thereby promotes the health, safety, and welfare of the community. This district shall apply to specified parcels of land only at the request of the owners of such parcels. Such manufactured home parks shall be developed with a zoning permit issued in accordance with articles IV and VI of this chapter.

(2)

Commercial districts. The following commercial districts are hereby established: PO, B-1, B-2, and B-3. These districts are created to accomplish the purposes and serve the objectives set forth in the remainder of this section.

a.

The PO Professional Office District is established to provide an area in which professional office uses such as doctor's, dentist's, lawyer's, surveyor's offices and related commercial establishments may be compatibly located, in order that these related land uses can be near each other for the convenience of both proprietors of these businesses and their clients.

b.

The B-1 Central Business District is designed to accommodate the office, governmental, and institutional needs of the community. The district is also designed to provide for and promote concentrated development of retail establishments and personal and business services to supply the needs of residents, transients, and business industries in the urban center of the county as well as in the entire travel area. Except for churches and residential occupancies, land uses in this district are not subject to the off-street parking requirements in article XI of this chapter. Except for off-street parking requirements, multiple-family dwellings and churches retro-fitted in existing buildings are not subject to regulations contained in sections 44-108 and 44-109.

c.

The B-2 Neighborhood Commercial District is intended to be a transitional district between commercial and residential areas and is designed to increase potential uses of property where limitation to strictly residential use would be unduly restrictive, but where general commercial development would not be appropriate because of the residential nature of the neighborhood. The outdoor storage or display of merchandise, materials or inventory is prohibited in this district.

d.

The B-3 General Commercial District is designed to accommodate a wide variety of general commercial uses characterized primarily by retail, office and service establishments which are oriented primarily towards major traffic corridors and/or extensive areas of predominantly commercial usage and characteristics. Commercial uses encouraged in this district are generally patronized in single purpose trips and emphasize large general merchandise establishments, sale of large or bulky items, commercial services, repair services, automobile related sales and repair, various types of convenience stores, restaurants, and other recreational and entertainment uses. This district is also suited to accommodate travel oriented uses such as hotels and motels and gas stations. Outdoor storage shall be permitted.

(3)

Industrial district. The IND Industrial District is hereby established. This district is designed to accommodate businesses engaged in the manufacturing, processing, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment and is established to provide areas for a range of industrial uses, including warehousing, distribution, fabrication, manufacturing, processing, assembly and bulk storage. Industrial activities shall be conducted within a structure. It should be located near major transportation facilities (road, rail and air) to ensure adequate access to those users located within the district.

(4)

Planned development district. The PDD Planned Development District is established to accommodate a mixture of compatible residential, office, commercial, or other uses of land which are planned and developed as an integral unit and which, due to such mixture of uses or other aspects of design, could not be located in other districts established in this article without compromising the proposed concept of integrated and flexible development.

a.

General design criteria and development standards. In order to qualify as a planned development district, a project request must generally meet the following requirements; provided, however, that such requirements may be modified based on specific alternative proposals by the applicant which may be approved by the city planning commission and city council based on an affirmative staff recommendation:

1.

The site must contain at least five acres, have a minimum width between any two points on opposite boundary lines of 400 feet, and must adjoin or have direct access to at least one collector street.

2.

The site shall be in one ownership, or if in several ownerships, the application for amendment to this chapter shall be filed jointly by the owners.

3.

Overall site design shall be harmonious in terms of landscaping, enclosure of principal and accessory uses, sizes of structures, street patterns, and use relationships. Variety in building types, heights, facades, setbacks, and size of open spaces shall be encouraged. Common open space shall be located so as to enhance the living environment of the proposed development. Generally, this shall mean that the common open space shall be distributed throughout the site and not aggregated in large areas that provide little or no benefit to the individual uses or the development at large.

4.

Maximum building height and development density shall be proposed for each appropriate section of the PDD as part of the master plan submittal and shall be subject to approval or modification by the city planning commission and city council. Any PDD must include a minimum 25 percent usable open space and maximum 60 percent impervious surface ratio.

5.

In general, parking and loading requirements for each PDD shall comply with the requirements of article XI of this chapter. However, the city planning commission and city council may vary such requirements upon a finding that adequate parking, loading, and vehicle circulation can be provided on the basis of alternative criteria or techniques. Areas designated for parking and loading or for traffic ways shall be physically separated from public streets by suitable barriers against unchanneled motor vehicle ingress and egress. All uses shall be located in a manner conducive to safe ingress and egress. Access points to public streets shall conform to the design standards outlined by the SCDOT's access and roadside management standards.

6.

Any use proposed by the developer and considered by the city planning commission as being compatible to other nearby uses within and beyond the district may be permitted in such district, upon approval by the city planning commission and city council. A listing of permitted uses within a particular PDD shall be proposed by the applicant and, subject to modification, adopted as part of the district master plan. After approval by the city planning commission and city council, the list or portion thereof shall be adopted as part of the regulations applying to that particular PDD. Thereafter, the uses permitted in the district shall be restricted to those uses listed, approved and adopted.

7.

Planned development districts shall be so located and developed that each will not exceed the capacity of the adjacent roads which shall serve the property or the capacity of public sewer and water systems, unless the applicant shall dedicate right-of-way, contribute to the construction of new facilities, or create such facilities to the extent of his fair share of such as the percentage of his land developed and so served. The rate of development of the PDD shall not exceed the rate of construction and increasing capacity of the limiting facility.

8.

Private streets are permitted in an approved PDD, provided such streets meet the construction standards of chapter 34. However, the city planning commission and city council may vary other street design standards in response to alternative standards proposed by the applicant.

9.

All uses shall have adequate solid waste collection areas with adequate ingress/egress that does not require solid waste collection vehicles to back off or onto a public street.

10.

Setback, screening, and front, side and rear yard requirements.

(i)

Residential. For single-family and two-family structures in a PDD, a minimum setback of ten feet shall be maintained from all property lines adjoining a different zoning district and/or the right-of-way of any existing or planned public road which abut the site. For multifamily or townhouse structures in a PDD, a minimum setback of 25 feet shall be maintained from all property lines adjoining an existing single-family residential district and a minimum setback of ten feet shall be maintained from all property lines adjoining any other zoning district and/or the right-of-way of any existing or planned public road which abut the site.

(ii)

Commercial and office. For commercial and office uses, a minimum setback of 25 feet shall be maintained from all property lines adjoining a different zoning district and/or the right-of-way of any existing or planned public roads which abut the site. Where commercial and office uses abut an existing residentially zoned district, the minimum setback shall be 35 feet. Additional screening in the form of earthen berms or fencing may be required by the city planning commission and city council.

(iii)

Manufacturing, public, or institutional uses. For manufacturing, public, or institutional uses, a minimum setback of 25 feet shall be maintained from all property lines adjoining a different zoning district and/or the right-of-way of any existing or planned public roads which abut the site. Where manufacturing uses will adjoin an existing residentially zoned district, the minimum setback shall be 50 feet. Additional screening in the form of earthen berms or fencing may be required by the city planning commission and city council.

(iv)

Internal setbacks. Except for setbacks required from the perimeter of the district, there shall be no established minimum lot size nor minimum front, side, or rear yard requirements for any lot within a planned development district other than as specified in an approved master plan.

(v)

Landscaping. In general, landscaping requirements for each PDD shall comply with the requirements of article XVI of this chapter. However, the city planning commission and city council may vary such requirements in response to applications demonstrating alternative landscaping based on creative site planning. Existing trees and natural vegetation shall be retained wherever possible.

(vi)

Parking restrictions in setbacks. Setbacks shall not be used for streets or for parking except for entrances which may penetrate the setback.

b.

Administrative procedures and review process. The planned development district review process consists of the following three steps:

1.

Preapplication conference. Before submitting an application for PDD zoning, it is recommended that the applicant confer with the planning department and other appropriate city staff to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys and other data.

2.

Master plan. When submitting an application for PDD zoning, the applicant shall submit ten copies of a master plan. The master plan must be submitted 60 days prior to the regularly scheduled meeting of the city planning commission at which the PDD request is to be reviewed. The master plan shall be prepared by a licensed surveyor, engineer, architect, landscape architect, and/or planner. A scale shall be used so that the entire parcel can be shown on one piece of paper no larger than 30 inches by 40 inches. In addition, the applicant shall also submit a reduced copy of the master plan on a piece of paper no longer than 11 inches by 17 inches. The master plan shall meet the requirements of subsection (4)a of this section.

(i)

Submission of application to planning department for review and conference.

A.

The applicant or owner shall submit a complete site plan to the planning department for study. The staff and other agencies as appropriate shall review the proposal for compliance with the comprehensive land use plan and the regulations herein, the objectives of the district, and the suitability of the site for the proposed project.

B.

Following such study, unless complete conformity is found, the applicant shall be notified of any discrepancies, and of the willingness of the planning department and other appropriate officials to confer for the purpose of assisting in bringing the material submitted as nearly as possible into conformity with requirements and/or to define specific modifications of regulations or of the comprehensive plan that seem justified in view of the proposal.

C.

If the applicant joins in such conference, changes may be made in the original proposal, further conferences may be held, and additional material may be requested to guide in determinations. In the course of such conferences, any recommendations for change shall be recorded in writing, with reasons therefor, and shall become part of the record in the case. Applicants shall indicate, in writing, their agreement to such recommendations, or their disagreement and reasons therefor, which shall also be included in the record.

(ii)

Action by planning department. At the conclusion of the preapplication review and in conjunction with a master plan submittal, the planning department shall report to the city planning commission as to:

A.

Type of PDD proposed, physical characteristics of the land, relation of the proposed development to surrounding areas, and existing and probable future development;

B.

Relation to major roads, utilities and other facilities and services;

C.

Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments, or for amendments in those proposed;

D.

The suitability of plans proposed, or the desirability of amendments, with reasons therefor;

E.

Desirable specific modifications in regulations or the comprehensive plan as applicable in the particular case, based on determinations that such modifications are necessary or justified in the particular case by demonstration that the public purposes of the PDD or other regulations would be met to at least an equivalent degree by the proposal of the applicant; and

F.

Based on such findings, the planning department shall recommend approval of the PDD amendment as proposed, approval conditioned on specific stated modifications, or disapproval with recorded reasons therefor.

(iii)

Action by city planning commission and city council.

A.

If the amendment is granted, city council shall, in its amending action, approve the application as it may have been changed during earlier procedures, or indicate required modification; and such approved application with required modifications, if any, shall be binding on the applicant. If modifications are required, city council shall officially state its reasons for in the record.

B.

Development shall occur in accordance with the approved PDD, meeting the requirements of these and other regulations, as may be supplemented or specifically modified as part of the amending action, and shall conform to any time or priority limitations established by city council on beginning and completion of the development as a whole, or in specified stages.

C.

In taking action to amend the zoning map to establish the approved PDD, city council shall pass upon the adequacy of the application, in form and substance relative to any agreements, contracts, deed restrictions, sureties, or other instruments involved; and before development may proceed, such instruments shall be approved by appropriate officers and agencies.

D.

Actions by the city planning commission and city council shall be as provided for amendments generally. City council may grant the application, may include specific modifications of the proposal or other applicable regulations, or may deny the application. The procedures for public hearing and consideration by the city planning commission and city council shall be as set forth in article XIII of this chapter. City council may require additions, deletions, and/or changes to the master plan prior to approval. Upon approval of the master plan by the city council, the planned development district is deemed established. Thereafter, all amendments to the master plan shall be in accord with article XIII of this chapter. The master plan shall guide the general location of all features shown therein, including land uses, densities, roads, public uses, and other features. The developer will be required to furnish a surety bond, letter of credit, cash escrow, or other guarantee acceptable to city council assuring completion of all public improvements and streets shown on final plans.

(iv)

Plan revision time limit and extension. Following the establishment of a planned development district and approval by the city council of a master plan, the applicant shall, within 60 days and prior to seeking development related permits or approvals, submit a revised master plan that incorporates all modifications and conditions approved by the city planning commission and city council. Site development must commence within 12 months of master plan approval by city council unless the developer requests a time extension, not to exceed six months, which may be approved by the city planning commission. If development has not commenced by the end of the time extension, the city planning commission shall recommend to city council that another time extension be granted or that the property be rezoned to its prior or other appropriate classification.

(v)

Changes to master plan. If major changes to the master plan are being requested, the changes must be made through the zoning map amendment process. Major changes in the master plan are defined as those which alter the concept or intent of the planned development, including changes in area use designations, increases in density, decreases in proposed open space, substantial changes in the location of proposed streets, particularity if streets are to be deleted or access points to the development are moved so that traffic flows both inside and outside the development are affected, change in location of any public easement, change in the proportion of housing types by more than 15 percent of the approved dwelling unit count, a violation of any specific condition set forth by the city planning commission and the city council, and any changes in the final governing agreements, provisions or covenants. Because a planned development and related plans for an area are recognized as a legislative act under the provisions of the article, no other development of any other kind shall be constructed on the land affected by the rezoning. In the event the land is sold, the buyer of the land will be expected to develop the land in accordance with an approved master plan for the area. If the buyer wishes to construct his project in a different manner, he shall have his plans approved according to the provisions of this section.

(vi)

Addition of land to an existing planned development. Additional land area may be added to an existing planned development if it is adjacent to (except for public roads), forms a logical addition to, and is under the same ownership or control, as the original development. The procedure for an addition shall be the same as if an original application were filed, and the requirements of this chapter shall apply, except the minimum acreage requirement.

c.

Effect of establishing a PDD. Establishment of a PDD, upon approval of the master plan for that district, confers upon the owners, their agents, or successors no greater rights to initiate and pursue development of all or any portion of the planned development than are conferred by establishment of any other zoning district classification. Any and all development activity must be initiated and completed in full conformance with all relevant provisions of applicable local, state, and federal laws and regulations except, and only to the extent, that provisions of local regulations within the city's authority may have been modified as specifically included as a part of master plan approval. All submittals required under applicable local regulations, such other information as may be reasonably required by appropriate city officials and copies of information submitted to and permits or approvals issued by other regulatory entities shall be provided to the city, with written approval as to conformance with the approved master plan required, prior to the initiation of any component of development activity within the PDD area. The following list of requirements is by no means exhaustive and is only intended to establish reasonable understanding of the intended effect of this section:

1.

Grading plans and related sedimentation or other permits shall be submitted for prior review and approval.

2.

To the extent subdivision of land is involved, requirements of the land development regulations of the city related to final plat review and recording shall be fully complied with.

3.

Plans for the construction of water and wastewater systems shall be submitted to the city for prior review and approval and evidence of approval by SCDHEC shall be submitted prior to commencing construction.

4.

Requirements of city building code and other applicable construction standards, including the submittal of detailed site plans, construction drawings, and specifications, shall be fully complied with.

5.

Evidence of approval by appropriate entities for installation of such systems as gas, electric power, telephone, cable TV, exterior lighting, etc., shall be provided.

6.

City occupancy permit requirements shall be followed.

d.

Master plan requirements.

1.

In general. It is presumed that all of the information listed in this section must be submitted with an application for a PDD zoning to enable the permit-issuing authority to determine whether the development, if completed as proposed, will comply with all the requirements of this chapter. However, the planning commission and city council may require more information or accept as sufficient less information according to the circumstances of the particular case.

2.

Written applications. Every applicant for a PDD zoning district shall complete a written application containing at least the following information:

(i)

The name, address and phone number of the applicant, and the date of application.

(ii)

If the applicant is not the owner of the property in question:

A.

The name, address and phone number of the owner; and

B.

The legal relationship of the applicant to the owner that entitles the applicant to make application.

(iii)

A succinct statement of the nature of the development proposed and a statement of planning objectives for the site.

(iv)

Identification of the property in question by street address and tax map reference.

(v)

The zoning district within which the property lies.

(vi)

The number of square feet in the lot where the development is to take place.

(vii)

The gross floor area of all existing or proposed buildings located on the lot where the development is to take place.

(viii)

As additional data, the master plan shall contain a table which shows, for each section or area of different uses, the proposed use, the approximate phasing, the maximum density and approximate number of dwelling units for residential areas, square feet of floor space for commercial or industrial areas, approximate acreage of each use, including streets, recreational areas, and other public and/or private reservations, and approximate number of off-street parking/loading spaces.

(ix)

If the applicant proposes to construct the development in phases, such phases shall be identified on the master plan and the application shall include a proposed construction schedule.

3.

Development site plans. Every application for a PDD zoning district shall contain plans that locate the development site and graphically demonstrate existing and proposed natural, manmade and legal features on and near the site in question which shall, at minimum, include the following:

(i)

The plans shall include a location map showing the general location of the project within the city.

(ii)

Development site plans shall be drawn to scale, using such a scale that all features required to be shown on the plans are readily discernible. Very large developments may require that plans show the development in sections to accomplish this objective without resorting to plans that are so large as to be cumbersome, or the objective may be accomplished by using different plans or plans drawn to different scales to illustrate different features. In all cases, the planning staff shall make the final determination whether the plans submitted are drawn to the appropriate scale.

(iii)

Development site plans should show on the first page the name of applicant, name of development (if any), north arrow, legend and graphic scale. In addition, plans shall indicate the phasing of development.

(iv)

Existing natural, manmade and legal features. Development site plans shall show all existing natural, manmade and legal features on the lot where the development is taking place, including, but not limited to, those listed below. In addition, the plans shall also indicate the use made of adjoining properties.

A.

Existing natural features.

a.

Tree line of wooded areas.

b.

The location and sizes of all trees greater than 18 inches in diameter.

c.

Orchards or other agricultural groves by common or scientific name.

d.

Streams, ponds, drainage ditches, swamps, boundaries of floodways and floodplains.

e.

Contour lines (shown as dotted lines) with no larger than two-foot contour intervals.

B.

Existing manmade features.

a.

Vehicle accommodation areas, including parking areas, loading areas and circulation areas, all designed by surface material and showing the layout of existing parking spaces and direction of travel lanes, aisles, or driveways.

b.

Streets, private roads, sidewalks, and other walkways, all designated by surface material.

c.

Curbs and gutters, curb inlets and curb cuts, drainage grates and other stormwater or drainage facilities, including manholes, pipes and drainage ditches.

d.

Underground utility lines, including water, sewer, electric power, telephone, gas, and cable television.

e.

Above ground utility lines and other utility facilities including fire hydrants.

f.

Buildings, structures and signs (including dimensions of each).

g.

Location of exterior light fixtures and solid waste collection areas and containers.

C.

Existing legal features.

a.

The zoning of the property, including zoning district lines where applicable.

b.

Property lines (with dimensions identified).

c.

Street right-of-way lines and utility or other easement lines.

(v)

Proposed changes in existing features or new features. Development site plans shall show proposed changes in existing natural features, existing manmade features and existing legal features (especially new property lines, street right-of-way lines, and utility and other easements), as well as proposed manmade features, including, but not limited to, the following:

A.

The approximate boundaries of each section, land use or density.

B.

The number of square feet in every lot created.

C.

Lot dimensions, including lot widths.

D.

The location and dimensions of all buildings and freestanding signs on the lot, as well as the distances all buildings and freestanding signs are set back from property lines, streets or street right-of-way lines.

E.

Principal side building elevations for typical units of new buildings or exterior remodeling of existing buildings, showing building heights and proposed wall sign or window sign area.

F.

The location and dimensions of all recreational areas, with each area designated as to type of use.

G.

Areas intended to remain as open space or designated screening areas.

H.

All areas proposed for dedication to public use within the project.

I.

Streets, labeled by classification and street name showing whether curb and gutter or shoulders and swales are to be provided and indicating street paving widths. Private drives shall also be shown and clearly labeled as such.

J.

Curb and gutters, curb inlets and curb cuts, drainage grates and other stormwater or drainage facilities, including manholes, pipes, drainage ditches, retention ponds, etc.

K.

Sidewalks and walkways, showing widths and surface material.

L.

Outdoor illumination with lighting fixtures sufficiently identified.

M.

Underground utility lines, including water, sewer, electric power, telephone, gas, cable television and above ground utility lines and other facilities including fire hydrants, solid waste collection areas, etc.

(5)

Historic and natural preservation overlay district. The HNP Historic and Natural Preservation Overlay District is hereby established in order to bring special attention to sites of historic and/or natural significance. Property so classified shall be used as permitted by these regulations as well as those of the underlying zoning district. Notice of any change in occupancy, as defined by the currently adopted International Building Code, shall be provided to the landmarks commission at least 30 days prior to such occupancy, for purposes of review and comment.

(Code 1991, § 31-21)

(a)

There shall be a map or series of maps known and designated as the official zoning map, which shall show the boundaries of all zoning districts within the city's planning jurisdiction. This map shall be kept in a form from which prints can be made, shall be dated, and shall be kept in the city's building inspections department. This map shall also serve as the city boundary map.

(b)

The official zoning map is adopted and incorporated herein by reference. Amendments to this map shall be made and posted in accordance with article XIII of this chapter.

(c)

Should the official zoning map be lost, destroyed, or damaged, the building inspections department shall have a new map prepared. No further city council authorization or action is required so long as no district boundaries are changed in this process.

(Code 1991, § 31-22)

The city zoning area, as now or hereafter established, is hereby divided into the following districts:

(1)

R-15 Residential District.

(2)

R-10 Residential District.

(3)

R-6 Residential District.

(4)

PO Professional Office District.

(5)

B-1 Central Business District.

(6)

B-2 Neighborhood Commercial District.

(7)

B-3 General Commercial District.

(8)

IND Industrial District.

(9)

PDD Planned Development District.

(10)

MFD Multifamily District.

(11)

MHP Manufactured Home Park District.

(12)

HNP Historic and Natural Preservation Overlay District.

(Code 1991, § 31-23)

(a)

Where annexation of new areas into the city is desired by at least 75 percent of affected property owners owning at least 75 percent of the assessed valuation of the real property in the area requesting annexation, the affected property owners shall submit an annexation petition. Such petition shall include a point-to-point boundary description and the desired zoning classification. The city planning commission shall conduct the hearing if required by state law, review the annexation petition and make a recommendation as to zoning concurrently with the annexation request prior to consideration by city council.

(b)

Any public hearing regarding an annexation petition or zoning ordinance amendment must be advertised in a newspaper of local circulation with at least 30 days' notice of the time and place. Public hearing notice shall also be made by conspicuous posting on or adjacent to the property affected, with at least one such notice visible from each public thoroughfare that abuts the property. Written notification of the annexation request shall be sent to owners of property immediately adjacent to the property petitioned for annexation. Tax assessor records will be used to determine ownership of adjacent properties.

(c)

Notwithstanding the provisions of subsections (a) and (b) of this section, any area or property which is contiguous to the city may be annexed to the city by filing with the city council a petition signed by all persons owning real estate in the area requesting annexation. Upon agreement of the city council to accept the petition and annex the area with an interim zoning classification, and the enactment of an ordinance declaring the area annexed to the city, the annexation is complete, without the requirement of public hearing.

(d)

In those cases where the petitioning party has a zoning classification in the county that is not specifically allowed within the city under its existing ordinances, then the city council, in its discretion and where allowed by state law, may annex the area or property under the existing county zoning classification (including special uses and exceptions) and consider it as a special use/exception to the city's most similar zoning classification. In the event that the allowed use ceases for more than 180 days, then the zoning classification shall revert to the already designated city zoning classification, without the previously allowed special use or exception.

(e)

Immediately after the effective date of such annexation as described in subsections (c) and (d) of this section, the zoning administrator shall initiate zoning ordinance amendment procedures to confirm or establish the appropriate zoning classification of the property annexed. The city planning commission shall conduct the required public hearing prior to making recommendation as to zoning. City council, after receiving recommendation from the planning commission, shall confirm or establish the appropriate zoning for annexed property through two readings.

(Code 1991, § 31-24; Ord. No. O10-10, 11-9-2010; Ord. No. O15-01, § 1, 1-27-2015)