The administration and enforcement of this Ordinance shall be vested in the Zoning Administrator and the Board of Zoning Appeals for the Town.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

The position of Zoning Administrator shall be as filled by the Town Council. The powers and duties of this office shall be as follows:

(A)

To administer and enforce all applicable provisions of this Ordinance;

(B)

To administer and enforce all actions of the Board of Zoning Appeals and the Planning Commission when acting under the scope of this Ordinance;

(C)

To attend all meetings of the Board of Zoning Appeals and the Planning Commission;

(D)

To maintain current and permanent records relative to the adoption, amendment, administration and enforcement of this Ordinance;

(E)

To maintain the Zoning Maps and text of this Ordinance and to modify as necessary either document as a result of any subsequent amendment to this Ordinance; and

(F)

To provide information and guidance to the public on all matters relating to this Ordinance.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

In all districts where performance standards apply, the Zoning Administrator may require an application for zoning permit to be accompanied by a certification from a registered professional engineer that the proposed activity can meet the applicable performance standards. If the Zoning Administrator has reasonable belief that a violation may occur despite the opinion of the engineer, he/she may elect to reject the application for permit, citing his/her reasons for same, and remand the case to the Board of Zoning Appeals for review.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

The Zoning Administrator, or persons engaged or designated by him/her to perform tests or act in his/her behalf, may enter upon land within the jurisdiction of this Ordinance and make examinations and surveys necessary to fulfill the function of the Zoning Administrator's duties. He, or they, may also place or remove public notices as required within this Ordinance. However, there shall be no right of entry into any building without the consent of the owner.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

Before commencing the construction, reconstruction, alteration or extension of any building or other structure or before establishing, expanding or changing to another activity type on any zone lot, the owner or his/her agent shall make application for a zoning permit. No building permit shall be issued except upon presentation of a valid zoning permit.

The Zoning Administrator or his/her designated representative is authorized to issue zoning permits. Sufficient information shall be presented on the site plan for the Zoning Administrator to act. A zoning permit may require the submission of supporting materials in addition to a site plan showing the layout of the activity, at the discretion of the Zoning Administrator. The Zoning Administrator may also require data supplied by a professional engineer in support of an application if the satisfaction of performance standards is at issue.

A zoning permit shall not be issued until the Zoning Administrator has given approval of the preliminary site plan in the case of residential projects and a project plan in the case of commercial projects.

A zoning fee as determined by the Town Council shall be assessed every zoning permit application reviewed for compliance with the provisions of this Ordinance; the same being paid on or before the issuance of said permit.

If a zoning permit is revoked, the revocation of the zoning permit is grounds for revoking the associated building permit too.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

Whenever the location of a district boundary on the zoning maps or any subsequent amendment thereto approximates the edge or centerline, as the case may be, of a street, alley, railroad or other public way, or body of water, the location of the district boundary shall be interpreted as the edge or center line. Whenever the location of a district boundary line approximates the predominant alignment of a block or zone lot within a block, or lines bounding parcels shown on the official tax maps for the Town as drawn by the Lexington County Assessor, the location of the district boundary shall be interpreted to follow the predominant alignment, provided that such district boundary is not moved more than fifty feet (50') within any zone lot from the apparent location, which may be determined by using the scale on the map.

Whenever the above determination is inoperative or not applicable, the location of the district boundary shown on the zoning map shall be determined by the Zoning Administrator by use of the scale on the map.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

Whenever it is found, after applying the rules set forth in § 155.13.05, that a parcel is still divided by a district boundary, then the parcel shall be governed by the regulations pertaining to the particular overlay district covering the portions of the parcel.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

A Board of Zoning Appeals (BOZA) is hereby established for the Town. It shall consist of seven (7) members who shall have been residents of the Town for one year prior to appointment, and who shall continue to be residents of the Town so long as they serve. The members shall be appointed by the Town Council for a four-year term or until their respective successors are appointed.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

All actions of the Board of Zoning Appeals shall conform to state law, particularly but not limited to the South Carolina Local Government Comprehensive Planning Enabling Act of 1995 (S.C. Code § 6-29-310 et seq.) and the Freedom of Information Act (S.C. Code § 30-4-10 et seq.).

The following provisions differ from state law requirements in that they either elaborate on the state law requirements or speak to issues the state law does not cover.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

A written application for a variance or appeal shall be filed with the Zoning Administrator by the property owner or his/her designated agent. Copies of the application shall be transmitted to the members of the BOZA. A fee established by the Town Council shall accompany every application.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

A variance granted by the BOZA shall apply only to the specific project as presented to the BOZA. It shall be transferable to a new owner, provided the new owner of the property proceeds with the previously approved project. Any major change in the design, scope or nature of a project invalidates the variance.

A variance shall be considered valid for two (2) years in accordance with State law regarding vested rights.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

The Town Council may, from time to time, amend the text of this Ordinance or the zoning maps, which are a part of this Ordinance in the manner set forth below.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

All amendments to this Ordinance or the zoning maps shall conform to State law, particularly but not limited to the South Carolina Local Government Comprehensive Planning Enabling Act of 1995 (S.C. Code 6-29-310 et seq.).

The following provisions differ from State law requirements in that they either elaborate on the State law requirements or speak to issues the State law does not cover.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

An amendment to the written text of this Ordinance may be proposed by the Town Council, the Planning Commission, the Board of Zoning Appeals, or the Administrative Official.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

An application for amendment shall be filed with the Zoning Administrator, who shall transmit copies thereof to the Planning Commission and the Town Council. A fee established by the Town Council shall accompany every application for amendment.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

A public hearing shall be held by the Town Council on all proposed amendments to this Ordinance.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

Upon enactment of an amendment by the Town Council, the Administrative Official shall immediately cause said amendment to be platted upon the zoning maps or inserted into the text of the ordinance, as applicable.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

A map amendment request that has been denied for the same property or substantially the same property shall not be resubmitted within twelve (12) months in the same form as previously submitted. The twelve (12) months shall be measured from the date of the application. This shall not prohibit resubmittal if significant new facts are uncovered. Moreover, even if new facts are not discovered, the Approving Authority may reconsider amendments if they see that doing so may serve the public health, safety, or general welfare.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

Prior to formal consideration of any proposed annexation, the Town Council shall notify the Planning Commission of the proposed annexation. Within thirty (30) days after such notification, the Planning Commission shall make a recommendation to the Town Council regarding the classification of existing roads and the zoning district(s) to be established within the area proposed for annexation. The Town Council shall then conduct a public hearing on the proposed zoning district(s) and road classifications for the proposed annexation area. Thereafter, the Town Council may proceed with the annexation process including the enactment of an annexation ordinance as may be appropriate. Any annexation ordinance enacted by the Town Council shall specify and establish the zoning district(s) and the classification of existing roads within the area annexed by such ordinance.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

Whenever a new road is constructed within the Town that is not added by annexation, the Approving Authority shall classify it.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

Any person who shall do anything prohibited by this Ordinance or subsequent amendment thereto, or who shall fail to do anything required by this Ordinance or subsequent amendment thereto, is hereby declared to be guilty of a misdemeanor under the laws of the State of South Carolina and, upon conviction thereof, shall be punished at the discretion of the court. Each and every day such violation exists shall be deemed to be a separate offense.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

In case any building or other structure is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is or is proposed to be used in violation of this Ordinance, the Zoning Administrator, Town Attorney or other appropriate authority of the Town, or any adjacent or neighboring property owner who would be specially damaged by such violation may, in addition to other remedies, institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use; or to correct or abate such violation, or to prevent the occupancy of the building, structure or land.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

Whenever the provisions of this Ordinance impose regulations that are in conflict with those of other Town ordinances, other governmental agencies, or privately executed restrictions, the more restrictive shall apply. The same shall be true if there is a conflict between provisions within the body of this Ordinance.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

Should any article, section, clause or provision of this Ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any other article, section, clause or provision of this Ordinance.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)