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Mauldin City Zoning Code

ARTICLE 4

- ADMINISTRATION, DECISION MAKING AND ADVISORY BODIES

Sec. 4:1.1 - General Administration, Review and Decision Making.

4:1.1.1 Administration.

This ordinance shall be administered and enforced by the designated Zoning Administrator of the City of Mauldin with the assistance of such persons or departments as the City of Mauldin with the assistance of such persons or departments as the City Administrator may direct. The City Administrator has appointed the Business and Development Services Director as the Zoning Administrator for the City of Mauldin.

4:1.1.2 Zoning Administration.

a.

The duties of the Zoning Administrator shall include management of the Business and Development Services Department including: receiving and processing all permit applications, issuing permits, issuing zoning compliance approvals, inspecting premises and issuing Certificate of Occupancy for uses and structures that meet the requirements of this ordinance and all other applicable local ordinances and stat adopted codes.

b.

The Zoning Administrator shall also receive and process applications that require review and approval by appointed City boards and commissions and the Mauldin City Council. Applications include: variance request, interpretation appeals, special exception permits, rezoning request, annexation petitions, and map and text amendments.

c.

The Zoning Administrator shall also be responsible for maintaining public records related to zoning and building permits and other related permits and reviews in accordance with South Carolina Records Retention schedule for municipal records.

4:1.1.3 Permit Procedures.

No land shall be used, occupied, or excavated and no building or structure shall be erected, structurally altered, added to, or moved until a zoning permit and building permit have been issued by the Zoning Administrator and Building Official in conformity with this ordinance and other applicable local ordinances and state adopted codes.

Zoning Permit.

An application for a zoning permit shall be filed with the Business and Development Services Department on a form provided by the office. A zoning permit shall be required for the construction or development of any new residential or commercial use(s) or new structure(s) within the City of Mauldin corporate limits. In addition, a zoning permit shall also be required for the relocation, alteration and expansions of existing uses, change in tenant occupancy and change of use as defined by the ordinance.

a.

Residential Construction for single-family and duplex developments, including but not limited to new construction, additions, decks, patios and accessory structures.

1.

Information Required. Each application for a zoning permit shall contain the information required on the application form including the Tax Map number of the parcel being developed, site address, a description of work and cost of project. Other information necessary to show that the use or structure complies with the standards set forth in the ordinance shall also be provided.

2.

Site Plan. The applicant shall provide two (2) copies of a site plan drawn to scale of not less than one (1) inch equals sixty (60) feet. The plan shall show all property lines, lot dimensions and area: location of abutting street(s) and association right(s) of way: the sizes, location, and dimensions of existing and proposed structures to include driveways and setbacks from all property lines.

3.

Restrictive Covenants and Home Owner Association (HOA) documentation. It shall be the sole responsibility of the homeowner and/or applicant to ensure that all proposed uses, construction, and all other activities requiring a permit are in compliance with any existing lawful restrictive covenant. In the event a permit is issued and a conflict between the restrictive covenant and the zoning ordinance is determined, the more restrictive requirement of the two (2) shall prevail.

4.

Fees. An application fee as determined by the Permit Fee schedule shall be due and payable when application is submitted.

5.

Staff Review. Provided the application is complete, staff shall have ten (10) business days to review the application for compliance with the provisions of this ordinance.

6.

Issuance. If the proposed plan conforms to the provisions of this ordinance, the site plan will be stamped approved and a zoning permit will be issued. One (1) copy of the plan approval and permit will be returned to the applicant for display on site during construction; the City will also retain one (1) copy.

7.

Permit Validity. Upon approval of a zoning permit, the applicant shall have one (1) year to obtain a building permit and complete the work and/or establish said use described in the application. Upon issuance of the building permit, the zoning permit shall remain valid as long as a valid building permit exists for the project. Any unapproved changes in the approved plans shall render the zoning permit invalid. Reapplication for zoning permits will be required for all expired zoning permits according to the zoning laws in effect at the time of reapplication.

8.

Variances. Requests for variances from the standards requiring zoning permits set forth in this ordinance shall be heard by the Zoning Board of Appeals and subject to Section 4:1.2 of the Mauldin Zoning Ordinance.

b.

Commercial Construction: including but not limited to residential projects consisting of three (3) or more dwelling units, new construction, additions, alterations, renovations, accessory structures:

1.

Information Required. Each application for a zoning permit shall contain the information required on the application form including the Tax Map number of the parcel being developed, site address, a description of work and cost of project. Other information necessary to show that the use or structure complies with the standards set forth in the ordinance shall also be provided.

2.

Site Plan. The applicant shall provide four (4) copies of a site plan drawn to scale of not less than one (1) inch equals sixty (60) feet. The site plan shall be prepared in accordance with the Commercial Site Plan Checklist provided by the Business and Development Service Department.

3.

Restrictive Covenants and Home Owner Association (HOA) documentation. It shall be the sole responsibility of the homeowner and/or applicant to ensure that all proposed uses, construction, and all other activities requiring a permit are in compliance with any existing lawful restrictive covenant. In the event a permit is issued and a conflict between the restrictive covenant and the zoning ordinance is determined, the more restrictive requirement of the two (2) shall prevail.

4.

Fees. An application fee as determined by the Permit Fee schedule shall be due and payable when application is submitted.

5.

Staff Review. Provided the application is complete, staff shall have ten (10) business days to review the application for compliance with the provisions of this ordinance.

6.

Issuance. If the proposed plan conforms to the provisions of this ordinance, the site plan will be stamped approved and a zoning permit will be issued. One (1) copy of the plan approval and permit will be returned to the applicant for display on site during construction; the City will also retain one (1) copy.

7.

Permit Validity. Upon approval of a zoning permit, the applicant shall have one (1) year to obtain a building permit and complete the work and/or establish said use described in the application. Upon issuance of the building permit, the zoning permit shall remain valid as long as a valid building permit exists for the project. Any unapproved changes in the approved plans shall render the zoning permit invalid. Reapplication for zoning permits will be required for all expired zoning permits according to the zoning laws in effect at the time of reapplication.

8.

Variances. Requests for variances from the standards requiring zoning permits set forth in this ordinance shall be heard by the Zoning Board of Appeals and subject to Section 4:1.2 of the Mauldin Zoning Ordinance.

c.

Tenant Occupancy (For establishment of a new business where no construction is proposed).

1.

Information Required. Each application for a Tenant Occupancy shall contain the information required on the application form including the Tax Map number of the parcel, site address, the proposed use, the prior use of the property, and a letter from the owner of property stating the period of time that the building or space has been vacant.

2.

Fees. An application fee as determined by the Permit Fee schedule shall be due and payable when application is submitted.

3.

Staff Review and On-site Inspection. Provided the application is complete, staff shall have ten (10) business days to complete the review of the Tenant Occupancy application. If the proposed use of the space or building is a permitted use in the zoning district, an on-site inspection by the Building Official and Fire Marshal will be conducted to ensure compliance with life safety standards.

4.

Issuance. Upon approval of the inspection, a Tenant Occupancy Certificate shall be issued. One (1) copy of the certificate will be returned to the applicant, the City will also retain one (1) copy.

4:1.1.4 Enforcement.

If the Zoning Administrator shall find that any of the provisions of the Ordinance are being violated, he shall notify, in writing, the person responsible for such violation indicating the nature of the violation and ordering the action necessary to correct it. He shall order a discontinuance of illegal use of land, buildings, or structures; removal of illegal building or structures, or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; take any other action authorized by this ordinance to ensure compliance with or prevent violation of its provisions.

4:1.1.5 Right to Appeal.

If the request for a zoning permit or zoning certificate is denied, the applicant may appeal to the action to the Board of Appeals in accordance with subsection 4:1.3.8 of this Ordinance.

Sec. 4:1.2 - Building and Zoning Board of Appeals.

4:1.2.1 Duties of Administrative Official.

It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the Business and Development Services Director, and that such questions shall be presented to the Board of Appeals only on appeal from the decision of the Business and Development Services Director, and that recourse from the decision of the Board of Appeals shall be to the Circuit Court and the Supreme Court of the State of South Carolina, as provided by the laws of the State of South Carolina and particularly by the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, S.C. Code Title 6, Chapter 29.

It is further the intent of this Ordinance that the duties of the City Council in connection with this Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this Ordinance. Under this Ordinance, the City Council shall have only the duty of considering and adopting or rejecting proposed amendments or the repeal of this Ordinance, as provided by law.

4:1.2.2 Establishment of the Building and Zoning Board of Appeals.

A Board of Appeals is hereby created with the powers and duties set forth below.

4:1.2.3 Membership.

The Building and Zoning Board of Appeals shall consist of seven (7) members, to be appointed by the city council. Members shall be residents of the City of Mauldin at the time of their appointment and shall maintain residency throughout the term of office. The term of office of the members shall be three (3) years and shall expire on June 30 of the appropriate year. Any vacancy in membership shall be filled for the unexpired term by city council. The city council shall also have the authority to remove any member for cause, including but not limited to unexcused absences from three (3) meetings. All members shall serve without compensation but may be reimbursed for actual expenses incurred in connection with their official duties.

4:1.2.4 Proceedings.

The Board of Appeals shall draw up and adopt rules governing the conduct of the affairs, which are in keeping with the provisions of this Ordinance. The rules shall provide and require the following, in addition to other rules and regulations the Board shall adopt.

4:1.2.5 Officials.

At the first meeting after its establishment, the Board shall elect a chairman, a vice-chairman and such other officers as necessary from among the members. Such officers shall serve one-year terms and may succeed themselves. The chairman, or in his absence, the vice chairman, shall preside at all meetings, may administer oaths, and compel the attendance of witnesses, and the production of papers, records, and other documents by subpoena.

4:1.2.6 Meetings.

Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. Due notice shall be given to all parties of interest. All meetings of the Board shall be open to the public, and all evidence and testimony shall be presented publicly.

4:1.2.7 Minutes of Proceedings.

The Board shall keep minutes of its proceedings, showing the vote of each member upon every question or his absence or failure to vote, indicating such fact, and also keep records of its examinations, findings, determinations, and any other official action. No final action shall be taken unless a majority of the total membership of the Board is present.

4:1.2.8 Decisions.

The concurring vote of four (4) members of the Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of the Business and Development Services Director charged with the enforcement of this Ordinance, or to decide in favor of the applicant any matter upon which it is required to pass under this Ordinance, or to grant a variance from the provisions of this Ordinance.

4:1.2.9 Appeal of a Board Decision.

Every decision of the Board of Appeals shall be subject to review by a court of record, in the manner provided by the laws of the State of South Carolina and particularly by the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, S.C. Code Title 6, Chapter 29.

4:1.2.10 Filing Fee.

A fee of one hundred dollars ($100.00) shall be paid to the City Clerk for each application to the Board of Appeals to cover the necessary administrative costs.

Sec. 4:1.3 - Board of Appeals: Powers and Duties.

4:1.3.1 Reviews: Variances, Uses Permitted by Special Exception, Appeals.

The Board of Appeals shall have the following powers and duties.

Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Business and Development Services Director in the enforcement of this Ordinance.

4:1.3.2 Variances.

The Board of Appeals may authorize upon written appeal in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship or peculiar and exceptional practical difficulties.

Before action is taken on a request for a variance, the Board of Appeals shall hold one (1) or more public hearings, at which any party may appear in person, or by agent or attorney.

4:1.3.3 Public Notice of Hearing.

Notice of a public hearing shall be published in a newspaper of general circulation, at least fifteen (15) days prior to the hearing. The notice shall be blocked in, carry an appropriate descriptive title, and shall state the time, dates, and place of the hearing. Following any request for variance, the City shall properly post and maintain on the subject property a Notice of Public Hearing at least ten (10) days prior to the date of the public hearing. Such signs must be placed in a conspicuous place or places on the affected premises and posted at the City Hall.

4:1.3.4 Board Actions to a Variance Request.

A variance from the terms of this Ordinance may be granted by the Board of Appeals upon a finding that:

A.

There are extraordinary and exceptional conditions pertaining to the particular piece of property.

B.

These conditions do not generally apply to other property in the vicinity.

C.

Because of these conditions, the application of the Ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property.

D.

The authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the district will not be harmed by the granting of the variance.

No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

Under no circumstances shall the Board of Appeals grant a variance to allow a use not permissible under the terms of this Ordinance in the district involved.

4:1.3.5 Uses Permitted by Special Exception.

The Board of Appeals may hear and decide upon Uses Permitted by special exception specifically authorized by the terms of this Ordinance. A use permitted by special exception shall not be authorized by the Board of Appeals unless and until:

A.

A public hearing shall be held;

B.

The Board shall make findings;

C.

The Board shall make written findings certifying compliance with the regulations governing the special use.

Prior to being reviewed by the Board of Appeals, the Zoning Administrator shall provide the Board with a report regarding the requested special exception.

The Board may grant or deny or modify a request for a use permitted by special exception after a public hearing has been held on the written request submitted by an applicant. It may also attach any necessary conditions such as time limitations or requirements that one or more things be done before the request can be implemented. Additionally, the Board may require an acceptable bond to ensure that uses allowed by special exception are completed consistent with time limitations or requirements.

In order to grant approval of a special exception use, the Board must find that:

1.

The use is allowed as a special exception in the zoning district;

2.

The proposed use is consistent with the spirit, purpose and intent of the City of Mauldin Comprehensive Plan;

3.

The proposed use is consistent with the purpose and intent of the applicable zoning district;

4.

The proposed use will be constructed, operated, and maintained so as to be compatible with the existing or intended character of the applicable district and so as not to change the essential character of the area in which it is proposed;

5.

The proposed use is compatible with the existing uses adjacent to and near the property;

6.

The proposed use will not have an adverse effect on any site or feature of historical, cultural, natural, or scenic importance;

7.

The proposed use is consistent with the existing and planned pedestrian and vehicular circulation adjacent to and near the property;

8.

The adjacent streets and highways are or will be adequate to carry any additional traffic generated by the proposed use;

9.

The proposed use will be adequately served by public facilities and services, such as traffic operations along streets, police and fire protection, drainage structures, water and sewage facilities, and primary and secondary schools;

10.

The proposed use will not involve uses, activities, operations, materials, or equipment that, in comparison to by-right permitted uses in the same district, will be hazardous, detrimental or disturbing to the natural environment, or the public health, safety, and welfare by reason of excessive production of traffic, noise, smoke, odors, or other similar nuisances;

11.

The proposed use will conform to any specific criteria or conditions specified for that use; and

12.

The proposed use will comply with other applicable provisions in this Ordinance.

If the Board denies the request, the reasons shall be entered in the minutes of the meeting at which the request is denied.

In granting the request, the Board may require such reasonable and appropriate conditions in addition to the specific conditions provided in this Ordinance to ensure that the proposed use will be in harmony with the surrounding community and in the spirit of this Ordinance.

4:1.3.6 Public Notice of Hearing.

Notice of public hearing shall be published in a newspaper of general circulation, at least fifteen (15) days prior to the hearing. The notice shall be blocked in, carry an appropriate descriptive title, and shall state the time, dates, and place of the hearing. Following any request for a use permitted by special exception, the City shall properly post and maintain on the subject property a Notice of Public Hearing at least ten (10) days prior the date of the public hearing. Such signs must be placed in a conspicuous place or places on the affected premises, and posted at the City Hall.

4:1.3.7 Additional Powers—Interpretation of District Boundaries.

In addition to the powers conferred upon the Board of Appeals, the Board shall have authority to interpret district boundaries where boundaries on the ground are at variance with those shown on the Official Zoning Map.

In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards shall be a violation of this Ordinance and punishable under Section 12:3.

Under no circumstances shall the Board of Appeals grant a variance to allow a use not permissible under the terms of this Ordinance, or any use expressly or by implication prohibited by the terms of this Ordinance in the district involved.

4:1.3.8 Interpretation Appeals and Hearings.

Appeals to the Board of Appeals concerning interpretation or administration of this Ordinance may be taken by any person aggrieved or by an officer, department, board, or bureau of the city. Such appeal shall be taken within such time as shall be prescribed by the Board of Appeals by general rule, by filing with the officer from whom the appeal is taken and with the Board a notice of appeal, specifying the grounds.

The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board, after notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

The Board of Appeals shall fix a reasonable time for hearing the appeal, give due notice of hearing to the parties concerned, and decide the same within forty-five (45) days. At the hearing, any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and shall make such order, requirement, decision, or determination as in its opinion ought to be made on the premises, and to that end shall have all the powers of the officer from whom the appeal is taken.

(Ord. No. 970, § 2, 4-19-2021)

Sec. 4:2 - Zoning Ordinance Text Amendment and Zoning Map Amendment.

The regulations, restrictions, and boundaries set forth in this Ordinance may from time to time be amended, supplemented, changed, or repealed by the City Council. Prior to final action by City Council under this article, the Planning Commission shall review the amendment and offer any comments and make recommendations. All action shall be done in accordance with the procedures outlined below.

Sec. 4:2.1 - Application.

An application for any change or amendment to the text or zoning district map of this Ordinance shall contain a description and/or statement of the present and proposed zoning regulation or district boundary to be changed, and include the names, addresses of the owner or owners of the property. Such application shall be filed with the Zoning Administrator in accordance with the published schedule of zoning deadline and meeting dates.

In order for an application to be processed by staff, all required information and forms must be completed. Incomplete applications and forms may be returned to the applicant and rescheduled to a subsequent public meeting time upon completion of the application as required.

4:2.1.1 Fee.

When a proposed amendment to the zoning ordinance text or zoning district map is initiated by individuals or parties other than the City Council, Planning Commission, or Board of Appeals, a fee shall be paid for each application for administrative and advertising expenses as set forth in the fee adopted by City Council.

4:2.1.2 Action by the Applicant.

Applicants for amendments to the zoning ordinance text or any zoning district map adopted hereunder shall take action in accordance with the provisions of this article.

4:2.1.3 Initiation of Amendment.

City Council, Planning Commission, or Board of Appeals may initiate proposed changes or amendments to the zoning ordinance text. Petitions for text changes or amendments by any interested property owner or resident of the City of Mauldin must first be presented to the Building Codes Committee and Planning Commission prior to final Council consideration and action.

Proposed changes or amendments to the zoning district map may be initiated by City Council, City Planning Commission, Board of Appeals, or by petition of any interested property owner with a property interest in the parcel of property being petitioned for a zoning district map change. Petitions for amendments to the zoning district map must first be presented to the Planning Commission prior to final Council consideration and action.

4:2.1.4 Notice of Hearing.

Notice of a public hearing for either a zoning ordinance text amendment or zoning district map amendment shall be published in a newspaper of general circulation at least fifteen (15) days prior to the hearing. The notice shall be blocked in, carry an appropriate descriptive title, and shall state the time, date, and place of the hearing.

Following a request for an amendment to the zoning district map, staff shall properly post and maintain on the property a City Notice Sign at least fifteen (15) days prior to the date of the public hearing.

Sec. 4:2.2 - Action by the Planning Commission.

Upon receipt of a completed application and request for an amendment to the zoning ordinance text or zoning district map, staff shall review the request and make written recommendations to the Planning Commission.

Before the Planning Commission makes a recommendation on any zoning district map amendment, the Planning Commission shall be informed of the relation of the application to the provisions of the City's Comprehensive plan. In the absence of such information one (1) or more of the following shall be found applicable. Such finding shall be recorded in the minutes and records of the Planning Commission:

A.

That the original zoning classification given to the property is inappropriate or improper.

B.

That there have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the City's Comprehensive Plan and which have substantially altered the basic character of such area.

The Planning Commission shall, upon receipt of a request hold a public hearing consistent with subsection 4:2.1.4 of this Ordinance. The Planning Commission shall have thirty (30) calendar days within which to provide a written recommendation to the City Council concerning the request. If the Planning Commission fails to submit a report to City Council within the prescribed time period, the request shall be deemed approved and forwarded to the City Council for consideration.

4:2.2.1 Public Hearing.

Upon receipt of a completed application for an amendment to the zoning ordinance text or zoning district map, staff shall place the request on the agenda for the next scheduled public hearing. No amendment to the zoning ordinance text or zoning district map shall be eligible for final consideration by City Council until after public notice and a hearing by the Planning Commission has been made.

Sec. 4:2.3 - Action by City Council.

4:2.3.1 City Council Consideration.

The City Council may consider proposed zoning ordinance text or zoning district map amendments at any meeting of Council. No amendment, however, shall be adopted by the City Council until public notice and a hearing has occurred in accordance with the ordinance.

4:2.3.2 Action by City Council.

Upon receipt of the Planning Commission's recommendation for an amendment to the zoning ordinance text or zoning district map, staff shall forward a written report to City Council that includes the Planning Commission's comments and recommendations for Council to consider.

City Council shall consider the staff's review, recommendation received from the Planning Commission and any other information presented at the hearing before final consideration of the request.

Before City Council approves and zoning district map amendment, City Council shall be informed of the relation of the application to the provisions of the City's Comprehensive plan. In the absence of such information one (1) or more of the following should be considered and such findings shall be recorded in the minutes and records of City Council:

A.

That the original zoning classification given to the property is inappropriate or improper.

B.

That there have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in the City's Comprehensive Plan and which have substantially altered the basic character of such area.

If the Planning Commission has recommended denial of a request for a zoning ordinance text or zoning district map amendment the City Council may reject the recommendation of the Planning Commission by a favorable vote of five (5) members to Council.

4:2.3.3 Protests.

In case of a protest against any proposed zoning change by the owners of twenty (20) percent or more of the lots included in the proposed change, or those immediately adjacent to, in the rear, or on either side extending one hundred (100) fee, or those directly opposite extending one hundred (100) feet from the street frontage of such opposite lots, any amendment shall not become effective except by favorable vote of five (5) members of City Council, including the mayor.

No protest petition shall be valid unless it is: (1) written, (2) bears the actual signatures of the requisite number of property owners and states that they protest the proposed amendment, and (3) is received by the Zoning Administrator in time to allow at least two (2) normal working days (excluding weekends and legal holidays) prior to the public hearing on the amendment, so as to allow time for municipal personnel to check the accuracy and sufficiency of the petition.

4:2.3.4 Reconsideration of Request for Amendment.

When an applicant for an amendment is withdrawn at the request of the applicant after such time as the application has been legally advertised for public hearing, it shall not be considered for an amendment affecting the same property for six (6) months from the date of withdrawal.

When the City Council shall have denied a request for an amendment, it shall not consider the same reclassification for an amendment affecting the same property until one (1) year from the date of the previous denial.

4:2.3.5 Effective Date of Change in Zoning Ordinance or Map.

Any Ordinance affecting a change in the text of the Zoning Ordinance or Zoning Map shall not become effective until the day following the second reading by City Council.

Sec. 4:3.1 - General.

The purpose of the neighborhood meeting is to provide an opportunity for communication between applicants, occupants, and owners of nearby properties who may be affected by development proposals; to educate the occupants and owners about the proposed rezoning; to receive comments and address concerns about the development proposal; and to resolve conflicts and outstanding issues, where possible.

(Ord. No. 788, 5-18-2015)

Sec. 4:3.2 - Neighborhood meeting encouraged.

A neighborhood meeting is strongly encouraged for all applications requiring a public hearing prior to submission of an application. Furthermore, the Chairperson of the Planning Commission, the Chairperson of the Building and Zoning Board of Appeals or a member of City Council may, during a public hearing, suggest to the applicant that they conduct a neighborhood meeting if it is determined that the application could potentially have negative land use, appearance, traffic, or public facility impacts on neighboring properties.

(Ord. No. 788, 5-18-2015)

Sec. 4:3.3 - Neighborhood meeting required.

A neighborhood meeting shall be required for all proposed Map Amendments (e.g. Rezoning and Planned Development requests) and shall take place a minimum of twenty (20) days prior to the scheduled public hearing.

(Ord. No. 788, 5-18-2015)

Sec. 4:3.4 - Procedures.

If a neighborhood meeting is convened it should generally comply with the following procedures:

1.

Time and Place. The neighborhood meeting should be held during the hours of 5:30 - 9:00 p.m., Monday through Friday at a place that is generally accessible to occupants of property in close proximity to the land subject to the application unless affected property owners request a different time. Meetings shall be held at least twenty (20) calendar days prior to the scheduled public hearing. Failure to do so will result in a delay of the public hearing schedule.

2.

Notification. The applicant shall post a Neighborhood Meeting sign (provided by the Business and Development Services Department) at the development site location along each road front, at least ten (10) days prior to the neighborhood meeting. In addition, the applicant shall provide notice of the meeting via first class mail. Notices must be postmarked a minimum of seven (7) calendar days prior to the Neighborhood Meeting. The notification shall state the time, place and subject of the meeting and shall mailed to the following:

a.

All owners and occupants of properties located within a two hundred (200) feet of the land/properties subject to the application;

b.

Any neighborhood organization that represents citizens within the area; and

c.

The City of Mauldin Business and Development Services Department.

3.

Meeting Agenda and Conduct. A sign-up sheet shall be provided at the meeting to collect and record the names and addresses of all attendees. The Neighborhood Meeting agenda is to cover the following items:

• Introduction of the meeting organizer (developer, property owner, etc.);

• Description of the application and rezoning request;

• Explanation of why the request is being made (including any plans for future development) and why the application is reasonable and compatible with the surrounding area; and

• Time devoted to address community questions and concerns.

4.

Meeting Summary. Subsequent to the neighborhood meeting, and at least fifteen (15) days prior to the scheduled public hearing, the applicant shall provide the City with a written summary of the Neighborhood Meeting. The summary shall include the following:

• A copy of the mailed notice of the neighborhood meeting with a mailing list of all residents and/ or businesses that were notified of the meeting.

• A list of attendees and their addresses.

• A summary of concerns and issues expressed during the meeting.

• A summary identifying how the applicant addressed concerns and issues expressed during the meeting.

5.

Staff Report. In addition to the application and staff report typically provided for a public hearing review, staff shall also include a copy of the Neighborhood Meeting summary.

(Ord. No. 788, 5-18-2015)