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Liberty City Zoning Code

ARTICLE X

- AMENDMENTS

Section 1000.- Authority.

This Ordinance, including the Official Zoning Map of Liberty, South Carolina, may be amended from time to time by the City Council as herein specified, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the Planning Commission for review or recommendation. The Planning Commission shall have thirty (30) days within which to submit its report. If the Planning Commission fails to submit a report within the thirty (30) day period, it shall be deemed to have approved the proposed amendment.

Section 1001. - Requirements for Change.

When the public necessity, convenience, general welfare, or good zoning practice justifies such action, and after the required review and report by the Planning Commission, the City Council may undertake the necessary steps to amend the Zoning Ordinance.

Section 1002. - Procedure for Amendments.

Requests to amend the Zoning Ordinance shall be processed in ordinance with the following requirements:

1002.1 Initiation of Amendments. A proposed amendment to the Zoning Ordinance may be initiated by the City Council, the Planning Commission or by application filed with the Secretary of the Planning Commission by the owner or owners of the property proposed to be changed, provided, however, that action shall not be initiated for a zoning amendment affecting the same parcel or parcels of property, or any part thereof, and requesting the same change in district classification by a property owner or owners more often than once every six (6) months.

1002.2 Application Procedure. Application forms for amendment requests shall be obtained from the Secretary of the City of Liberty. Completed forms, together with an application fee to cover administrative costs (as established by City Council resolution), plus any additional information the applicant believes to be pertinent, will be filed with the City for submission to the Planning Commission. Any communication purporting to be an application for an amendment shall be regarded as mere notice of intent to make application until it is made in the form required.

Applications for amendments must be submitted, in proper form, at least 30 days prior to a Planning Commission meeting in order to be heard at that meeting.

1002.3 Hearing by the Planning Commission. All papers and other data submitted by the applicant on behalf of the amendment request shall be transmitted to the Planning Commission.

The Planning Commission, at regular meeting shall review the application, conduct a public hearing, and prepare a report, including its recommendation, for transmittal to the City Council.

All meetings of the Planning Commission shall be open to the public. At a meeting, any party may appear in person, or by agent, or by attorney.

No member of the Planning Commission shall participate in a matter in which he has any pecuniary or special interest.

The Planning Commission shall hold a public hearing regarding any proposed amendments. Such hearing shall be advertised with the time and place of the hearing to be published in a newspaper of general circulation serving the municipality at least fifteen (15) days prior to the hearing. In rezoning cases, conspicuous notice must be posted at least fifteen (15) days prior to the hearing on or adjacent to the property, with one notice visible from each public street bordering the property.

Following action by the Planning Commission, the recommendation along with all papers and data pertinent to the application shall be transmitted to the City Council for final action.

1002.4 Changes to the Zoning Ordinance Text or Map. The original Ordinance or amendment to the Zoning Ordinance must be adopted by an ordinance on two (2) readings by Town Council at least six days apart. Any necessary changes shall be made in the Zoning Ordinance text or Map. A written record of the type and date of such change shall be maintained by the City Clerk. Until such change is made, no action by the City Council on text or map amendments to the Zoning Ordinance shall be considered official, unless the City Clerk fails to make the change within seven (7) days after formal action by the City Council. In the latter event, action by the City Council shall be considered official seven (7) days after the date of action even if the City Clerk has failed to make the appropriate changes.

(Ord. No. 17-0717, §§ 11, 12, 7-17-2017)