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Lyman City Zoning Code

ARTICLE XII

AMENDMENTS

Sec. 1201.- Authority.

This ordinance, including the official zoning map of Lyman, South Carolina, may be amended from time to time by the Town 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 recommended approval of the proposed amendment.

Sec. 1202. - 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 Town Council may undertake the necessary steps to amend the zoning ordinance.

Sec. 1203. - Procedure For Amendments.

Requests to amend the zoning ordinance shall be processed in ordinance format with the following requirements:

A.

Initiation of Amendments. A proposed amendment to the zoning ordinance may be initiated by the Town Council, the Planning Commission or by application filed with the Zoning Administrator by the owner(s) 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 twelve (12) months.

B.

Application Procedure. Application forms for amendment requests shall be obtained from the Zoning Administrator. Completed forms, together with an application fee of seventy-five ($75) dollars to cover administrative costs, plus any additional information the applicant believes to be pertinent, will be filed with the Zoning Administrator. Any communication purporting to be an application for an amendment shall be regarded as mere notice until it is made in the form required.

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

Application fees shall be forwarded by the Zoning Administrator to the Town Clerk who shall supervise the application of same to the costs of advertising and other administrative expenses.

Sec. 1204. - Review 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 its regular meeting shall review the application, take comment from any interested party and prepare a report, including its recommendation, for transmittal to the Town 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.

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

Sec. 1205. - Public Hearing By The Planning Commission.

The Planning Commission shall fix a reasonable time for the hearing of an amendment and give at least fifteen (15) days public notice thereof in a newspaper of general circulation, provide due notice to the parties in interest, including all property owners within 200 feet of the affected property, as well as post a sign on the property being considered for change and decide the same within a reasonable time. At the hearing any party may appear in person, by agent, or by attorney.

Sec. 1206. - Changes in The Zoning Map.

Following final action by the Town Council, any necessary changes shall be made in the Zoning Map. A written record of the type and date of such change shall be maintained by the Town Clerk. Until such change is made, no action by the Town Council on map amendments to the Zoning Ordinance shall be considered official, unless the Town Clerk fails to make the change within seven (7) days after formal action by the Town Council. In the latter event, action by the Town Council shall be considered official seven (7) days after the date of action even if the Town Clerk has failed to make the appropriate changes.