Table 156.1077-1: Summary of Procedures
Key: Staff = PLAN Department Staff \| TRCC = Technical Review and Code Compliance Team \| PC = Planning Commission \| BOZA = Board of Zoning Appeals \| DRB = Design Review Board \| HDPC = Historic District Preservation Commission \| TC = Town Council \| <> = Public Hearing Required \| R = Review Body \| D = Decision-Making Body \| A = Appeals Body
	Reviewing, Decision-Making, and Appeal Bodies
Procedure	Staff	TRCC	PC	BOZA	DRB	HDP C	TC
Annexation	R						D
Initial zoning	R		<>				D
Comprehensive plan and future land use map amendments	R		R				<D >
Zoning map amendments (rezonings)	R		<R>				D
Zoning permits	D			<A>
Special exception use permits	R			<D>
Impact assessments	R		R				D
Technical review and code compliance		R
Design review for major projects	R				D
Design review for minor projects	D				<A >
Certificates of appropriateness for major work	R					<D >
Certificates of appropriateness for minor work	D					<A >
Demolition by neglect	R					<D >
Variances	R			<D>
Zoning code interpretations	D			<A>
Appeals of administrative decisions				<D>
Text amendments	R		<R>				D
Small wireless facilities applications	See Subchapter C, Part 7, Subpart 7.1
Telecommunications towers applications	See Subchapter C, Part 7, Subpart 7.2

(Ord. passed 1-14-25)

§ 156.1078 GENERAL PROCEDURAL REQUIREMENTS AND AUTHORITY.

(A) General requirements.

(1) Application forms. All applications shall be made on forms maintained for each permit or approval by the PLAN Department, which are available online or in-person at Town Hall.

(2) Submittal requirements. Applications filed under this subchapter must include the information required by Subchapter I, Part 2,

including all information required on the application checklist maintained by the PLAN Department for the particular permit or approval.

(3) Application fees. The applicant shall pay all applicable fees at the time of the application (see § 156.1101).

(B) Concurrent applications. Except where this subchapter allows submittal of concurrent applications, only one application at a time can be considered for a particular lot.

(C) Conformance with application and submitted plans. Zoning permits and other approvals issued on the basis of plans and applications approved under this chapter authorize only the use, arrangement, and construction set forth in the approved plans and applications, and do not authorize any other use, arrangement, or construction.

(D) Written findings.

(1) Unless otherwise specifically provided in this chapter, written findings are not required for a final decision on any application.

(2) At the request of an applicant or a party with standing to challenge an application under the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, codified as S.C. Code Title 6, Chapter 29, or on its own initiative, the approving authority may make a decision subject to the subsequent adoption of written findings. In those cases, the decision is not final until the written findings are adopted.

(E) Workflow summary. This subchapter sets up rules for procedures, such as pre-application meetings, notices, and public hearings. It then describes the process for specific zoning-related decisions. The procedures generally share a common workflow and description, as specified in Table 156.1078-1: Procedure Workflows.

Table 156.1078-1: Procedure Workflows
Element	Meaning
Purpose	Explains the reasons for a particular procedure.
Applicability	Identifies the type of development or situation that is subject to the process.
Initiation	Describes how the applicant begins the process, including which department or official receives the application.
Completeness	Describes how the town determines the application has sufficient information to be processed.
Notice	Describes the type of notice required and how it is provided.
Decision	States who approves the application and the type of proceeding that leads to the decision.
Review criteria	Specifies the standards that apply to the application.
Scope of approval	Identifies the activities the application authorizes. For example, some approvals send the applicant to the next step in the overall process, while others authorize construction or use.
Reapplication	If an application is denied or withdrawn, some processes have a waiting period before that type of application can be re-filed for the property.
Appeals	Provides a way to review an application that is denied or an approval that has conditions the applicant disagrees with.
Recordkeeping	Some procedures have specific requirements for maintaining records of applications and actions, which are included in this subchapter. Town record retention policies govern other recordkeeping requirements.

(Ord. passed 1-14-25)

§ 156.1079 PRE-APPLICATION MEETING.

(A) Applicability.

(1) Pre-application meetings are required for the following types of applications:

(a) Zoning map amendments (rezonings), if the application is filed by the property owner or their agent;

(b) Special exception use permits;

(d) Certificates of appropriateness; and

(e) Variances.

(2) Pre-application meetings for all other procedures are voluntary. An applicant may request a pre-application meeting for any type of procedure established by this subchapter.

(3) PLAN Department staff may waive the pre-application meeting requirement upon finding the applicant has sufficient familiarity with the approval process that a pre-application meeting would not serve a valid purpose.

(B) Timing.

(1) The pre-application meeting must occur prior to application submittal.

(2) Prior to the scheduled pre-application meeting, the applicant shall submit to the PLAN Department a copy of plans and information relevant to the application.

(D) Topics for meeting.

(1) The pre-application meeting is for informational purposes for the applicant and PLAN Department staff, and no formal decisions are made.

(2) The applicant shall provide a brief overview of the project, including proposed location, uses, densities, project layout, design features, and other information relevant to the application.

(3) PLAN Department staff will provide information and comments at the pre-application meeting but will not take formal action on the application. In addition to providing verbal information, PLAN Department staff may provide a pre-application meeting checklist.

(4) The applicant’s and PLAN Department staffs’ comments are for purposes of information but are not binding on either the town or the applicant.

(5) A submittal checklist item may be waived as part of this review if determined to be unnecessary, already known, or needed at a future stage.

(6) The pre-application meeting may include the following:

(a) Discussion of the extent to which the proposed application conforms to this chapter and other applicable regulations;

(b) A discussion of technical studies, plans, and other information deemed relevant to the specific application request;

(d) Discussion of the anticipated level of citizen interest;

(e) Identification of public hearing or meeting requirements, if applicable; and

(f) A discussion of the general project consistency with the Comprehensive Plan.

(7) PLAN Department staff may request input on the proposed application from other town departments, state agencies, utility providers, and other reviewing agencies.

(E) Documentation. PLAN Department staff may record in writing (paper or electronic) any pertinent information concerning the proposed application described by the applicant, as well as a brief record of written or verbal guidance provided by town staff or other reviewing agencies.

(Ord. passed 1-14-25)

§ 156.1080 COMPLETENESS REVIEW.

(A) When applications deemed complete.

(1) The town will not process incomplete applications.

(2) An application is not complete until the applicant submits all required items (see Subchapter I, Part 2).

(3) PLAN Department staff will review applications for completeness and determine whether the application is complete.

(a) If staff determines an application is incomplete, staff may:

1. Reject the application and require the applicant to resubmit a new application; or

2. Specify those parts of the application that are incomplete, indicate how such parts can be made complete, and specify a date by which the applicant must provide the missing information in order for the application to be considered.

(b) Staff and the other review and decision-making bodies are not obligated to further review the application until the required information is provided.

(4) A time period required by this chapter to process an application does not commence until PLAN Department staff determines the applicant has submitted a complete application. Review for completeness of the application is solely to determine whether preliminary information required for submission with the application is sufficient to allow further processing. It does not constitute a decision as to whether an application complies with this chapter.

(5) If the applicant elects not to pursue an application for any reason, the application expires 180 days after the application filing date and the applicant must re-file an application (including payment of any applicable fees) for any further consideration.

(6) The regulations provided in Subchapter I, Part 20 and Part 19 modify the completeness review provisions of this section.

(B) Application and submittal deadlines.

(1) The PLAN Department or the review and decision-making bodies may provide submission deadlines for materials required in support of any application provided for in this chapter. These deadlines are typically published annually on the boards and commissions meeting schedule.

(2) Compliance with those deadlines required by the PLAN Department or the review and decision-making bodies must occur for the application to be placed on an agenda to be heard by the review or decision-making body.

(Ord. passed 1-14-25)

§ 156.1081 PRELIMINARY STAFF REVIEW.

(A) Some application types, such as impact assessments and planned development district text amendments, require preliminary staff review.

(B) The purpose of preliminary staff review is to provide an opportunity for staff to review and provide comments on more complex applications, and for the applicant to address staff’s comments prior to submittal of the application for board or commission review. Preliminary staff reviews do not result in an approval or disapproval of the application or create a vested right.

(C) The applicant must submit a complete application for preliminary staff review on or before the next board or commission application deadline date specified on the annual meeting schedule.

(D) Department of Planning, Land Use, and Neighborhoods staff will review the proposed application and provide written comments to the applicant prior to the next board or commission application deadline. Staff may also schedule a meeting with the applicant to review these written comments, with such meeting to occur prior to the next board or commission application deadline.

(Ord. passed 1-14-25)

§ 156.1082 NOTICE PROVISIONS.

(A) Generally.

(1) This section establishes various requirements for public notice of applications. This section does not address general notice requirements for board and commission meetings, which are specified in S.C. Code § 30-4-80: Notice of meetings of public bodies.

(2) Table 156.1082-1: Type and Description of Notice, describes the various types of notice and its contents. More specific notice requirements are located in each procedural section.

Table 156.1082-1: Type and Description of Notice
Type of Notice	Description
Mail	PLAN Department staff will mail the required notices. Regular mail is sufficient unless certified mail is required by a specific process or state law. Notices to property owners will be mailed to the owner listed in Charleston County tax records.
Posted	PLAN Department staff will post at least one sign on the subject lot(s) visible from each public street the lot abuts when required by state or local ordinance.
Publication	PLAN Department staff will place a notice in a newspaper of general circulation in the town.

(B) Posted notice.

(1) Posting by town. If posted notice is required, town staff will post at least one notice sign in a conspicuous location on the subject lot(s) visible from each public street the lot abuts.

(2) Maintenance by applicant.

(a) Once notice is posted on the subject property or properties by town staff, the property owner or applicant is responsible for maintaining the signs up until the hearing.

(b) If the sign or signs are removed, become damaged and unreadable, or are not visible from each street that abuts the property after posting by town staff for the advertised hearing date, the hearing may be postponed upon motion and affirmative vote of the decision-making body to postpone, at which time the hearing must be re-advertised at the expense of the applicant. The application shall not be rescheduled until the applicant has reimbursed the town for this cost.

(C) Written notification policy. The PLAN Department shall maintain a written notification policy that may be amended from time to time. This policy may include additional notice requirements that exceed minimum South Carolina statutory requirements and the requirements of this code.

(D) Substantial compliance. All notice provisions require substantial compliance.

(Ord. passed 1-14-25)

§ 156.1083 REMOVAL OF APPLICATIONS FROM A MEETING AGENDA.

Staff may remove an application from a meeting agenda, even if the application was complete and submitted on time, if:

(A) The application is missing information that could significantly change the proposed development plan; or

(B) A variance or special exception use permit is necessary to accommodate the proposed use or development plan.

(Ord. passed 1-14-25)

§ 156.1084 PUBLIC HEARINGS.

(A) Purpose. A public hearing gives interested parties an opportunity to be heard. Public hearings are distinct from public meetings. A public meeting is open to the public but does not necessarily include an opportunity for the public to provide input.

(B) Public input and recordkeeping. If an application requires a public hearing:

(1) The review or decision-making body, as applicable, shall allow the applicant and all other interested members of the public a reasonable and fair opportunity to be heard.

(2) The review or decision-making body’s Recording Secretary shall make an accurate written summary of the proceedings.

(C) Rules of procedure for public hearings. The Town Council, Board of Zoning Appeals, Planning Commission, and Historic District Preservation Commission may adopt rules of procedure for public hearings by resolution or bylaws.

(Ord. passed 1-14-25)

§ 156.1085 MODIFICATIONS TO APPROVED APPLICATIONS.

(A) Proposed modifications require review. When an applicant proposes a modification to an application approved under this subchapter, the Zoning Administrator shall determine whether the modification is minor and can be administratively approved or is major and must be reviewed through the applicable procedure in this subchapter.

(B) Modifications to Planned Development District ordinances. Any modification to a Planned Development District ordinance requires review through the same procedure as the original application (see Subchapter I, Part 6).

(1) For all other application types, a major modification includes:

(a) A change to the site that affects the number of primary structures, building location, or location of required site design elements such as parking, open space, or site access;

(b) A change in height of the building(s) by more than ten feet or one story;

(d) A 5% or greater change to lot coverage;

(e) A change in the architecture, exterior elevation of the building(s), or type or style of dwelling units proposed to be constructed in a particular area or block; and

(f) A change of more than 5% to areas devoted to open space or the relocation of such areas.

(2) Major modifications require review through the same procedure as the original application.

(Ord. passed 1-14-25)

§ 156.1086 BUILDING PERMIT REQUIRED.

(A) A building permit is required prior to the construction of any building, including accessory buildings.

(B) Prior to the issuance of a certificate of occupancy:

(1) Clearing and repair of public facilities, including all stormwater storage facilities, site work, and permanent erosion control features, shall be reviewed for satisfactory completion and conformance with the approved site plan and permit requirements;

(2) Easements disturbed without approval during the construction process shall be restored to pre-permit conditions.

(Ord. passed 1-14-25)

§ 156.1087 REVIEW OF DECISIONS AND INTERPRETATIONS.

(A) The Zoning Administrator shall provide an annual report to the Town Council on decisions of the Board of Zoning Appeals under Subchapter I, Part 17 and code interpretations rendered under Subchapter I, Part 16.

(B) The report shall include any recommendations for amendments to this chapter needed for consistency with these decisions.

(Ord. passed 1-14-25)

§ 156.1088 MORATORIA.

(A) Generally. A moratorium on development is justified in certain circumstances and can be implemented to prevent property owners from hindering and/or circumventing the zoning process.

(B) Authorization. The town may implement a moratorium using the process specified in S.C. Code § 6-1-110, if deemed necessary and proper by Town Council.

(Ord. passed 1-14-25)

§ 156.1095 PURPOSE.

This part establishes the information that applications must include in order to be considered complete for review under this subchapter.

(Ord. passed 1-14-25)

§ 156.1096 FORMAT OF APPLICATIONS.

(A) Digital copies required. The applicant shall submit one complete digital copy of all application materials.

(B) Paper copies may be required by staff. The applicant shall also provide up to four complete paper copies of all application materials if requested by PLAN Department staff.

(Ord. passed 1-14-25)

§ 156.1097 AUTHORIZATION OF AGENT.

All applications for consideration by a board or commission shall include a signed property owner acknowledgement form for applications to boards and commissions authorizing the agent to act on the owner’s behalf, if an agent of a lot owner submits an application on the owner’s behalf.

(Ord. passed 1-14-25)

§ 156.1098 APPLICATION CHECKLISTS.

(A) The PLAN Department maintains application submittal requirements checklists for each type of procedure described in this subchapter. Each application must include all elements required by this chapter and the applicable checklist.

(B) This subchapter specifies additional submittal requirements for certain procedures, such as impact assessments.

(Ord. passed 1-14-25)

§ 156.1099 RECORDED RESTRICTIVE COVENANTS.

(A) Pursuant to the provisions of S.C. Code § 6-29-1145, the applicant for a development approval (permit) shall confirm that the activity for which approval has been requested is not restricted by any recorded covenant that is contrary to, conflicts with, or prohibits the activity, by signing a development approval application (permit): recorded covenant affidavit or, for online applications, indicating that fact where required on the application form.

(B) If it has actual notice of the existence of a recorded covenant that is contrary to, conflicts with, or prohibits the activity for which approval has been requested, either from information in the affidavit, from materials or information submitted by the applicant, or from any other source, including other property holders, the town shall immediately cease processing the application, request, or permit, and shall not approve the same unless confirmation from the applicant is received that the restrictive covenant has been released, by action of the appropriate authority or property holders, or by court order.

(1) ACTUAL NOTICE is not constructive notice of documents filed in the local offices concerning the property, and does not require the town to conduct searches in any records offices for filed restrictive covenants;

(2) PERMIT does not mean an authorization to build or place a structure on a tract or parcel of land, and expressly applies only to applications or requests for approval of the following:

(a) Zoning map amendments;

(b) Variances;

(d) Impact assessments.

(3) RESTRICTIVE COVENANT does not mean a restriction concerning a type of structure that may be built or placed on a tract or parcel of land.

(Ord. passed 1-14-25)

§ 156.1100 PERMITS REQUIRED BY OTHER AGENCIES.

(A) Proof of permits to be provided with application. The applicant for any permit under this chapter shall submit one complete digital (PDF) copy of all final approvals required from any other local, state, and/or federal permitting agencies. All approvals must be demonstrated to be up-to-date and in effect.

(B) Permit not issued at time of application. In cases where the final permitting agency approval has not been rendered at the time a town application is submitted, the applicant shall provide one complete digital (PDF) copy of the application submitted to other permitting agencies. Once final approval is received, the applicant shall provide one complete digital (PDF) copy of the permit to town staff prior to the start of operations.

(Ord. passed 1-14-25)

§ 156.1101 FEES.

(A) Fees established. The Department of Planning, Land Use, and Neighborhoods Fee Schedule establishes fees for all applications required by the Zoning Code and is updated when Town Council adopts new fees.

(B) Fees required. All applicable fees must be paid for an application to be considered complete for review.

(1) The applicant must pay the expense for posting the property and publication to re-advertise the public hearing if:

(a) The applicant requests a deferral or delay of a public hearing; or

(b) A public hearing does not proceed because the posted notice signs have been removed, became damaged and unreadable, or were not visible from each street that abuts the property after posting by town staff for the advertised hearing date.

(2) The application may not be rescheduled until the applicant has reimbursed the town for this cost.

(Ord. passed 1-14-25)

§ 156.1110 PURPOSE.

This part describes how lots in unincorporated areas are annexed into the Town of Mount Pleasant.

(Ord. passed 1-14-25)

§ 156.1111 APPLICABILITY.

This part applies to any petition to expand the town’s municipal boundary.

(Ord. passed 1-14-25)

§ 156.1112 INITIATION.

(A) Annexation. An annexation petition is initiated in accordance with the applicable requirements of S.C. Code Title 5, Chapter 3.

(B) Initial zoning.

(1) If the annexation petition is not accompanied by an application for initial zoning:

(a) The initial zoning is applied in accordance with the procedure in this part;

(b) The lot(s) proposed for annexation shall be zoned R-1, Residential District, except as specified in division (B)(2) below; and

(c) The lot(s) proposed for annexation shall be incorporated into any applicable overlay district, unless the applicant explicitly requests exclusion of the lot(s) from the overlay district. In such cases, Town Council decides whether to include or exclude the lot(s) from the overlay district.

(2) If the annexation petition is not accompanied by an application for initial zoning and the future land use map designation of the lot(s) is:

(a) Rural Residential (Rural Neighborhoods in the text), then the lot(s) shall be zoned RC-1 or RC-2 (Rural Conservation Districts) as further specified within § 156.036;

(b) Settlement Community, then the lot(s) shall be zoned CC, Community Conservation District;

(d) Conservation, Marsh, and Wetlands (Conservation Open Space in the text), then the lot(s) shall be zoned CO, Conservation-Open Space District. All marsh, marsh islands, and other islands annexed into the town shall be zoned CO, Conservation-Open Space District.

(3) If the annexation petition is accompanied by an application for initial zoning:

(a) The initial zoning request follows the procedure specified in Subchapter I, Part 6;

(b) The proposed zoning district should be in accordance with the Comprehensive Plan; and

(c) The initial zoning application should include a request for the lot(s) to be included in any applicable overlay districts; however, the applicant may request exclusion of the lot(s) from the overlay district(s). Town Council decides whether to include or exclude the lot(s) from the overlay district(s).

(d) If the initial zoning request is denied, the lot(s) proposed for annexation shall be zoned R-1, Residential District, except as specified in division (B)(2) above.

(Ord. passed 1-14-25; Am. Ord. 25053, passed 1-13-26)

§ 156.1113 COMPLETENESS.

See § 156.1080.

(Ord. passed 1-14-25)

§ 156.1114 NOTICE.

(A) Public notice may be required for an annexation petition, as specified in S.C. Code Title 5, Chapter 3.

(B) Public notice is required for the initial zoning associated with an annexation petition in accordance with Table 156.1114-1: Required Notice for Initial Zoning.

Table 156.1114-1: Required Notice for Initial Zoning
Key: N/A = not applicable
Type	Required	To Whom	When
Mail	No	N/A	N/A
Posted	Yes	General public	At least 15 days prior to public hearing
Publicatio n	Yes	General public	At least 15 days prior to public hearing

(Ord. passed 1-14-25)

§ 156.1115 DECISION.

(A) Public hearing on initial zoning only.

(1) The Planning Commission shall hold a public hearing on the initial zoning associated with an annexation petition. Since the initial zoning is automatically applied in accordance with § 156.1112(B)(1) and (B)(2), the Planning Commission does not provide a recommendation on the initial zoning.

(2) The Planning Commission does not hold a public hearing or make a recommendation on the annexation petition.

(B) Town Council decision.

(1) Following the Planning Commission’s public hearing, Town Council shall approve or disapprove the annexation petition. If Council approves the annexation petition, the initial zoning automatically applies as provided in § 156.1112(B)(1) and (B)(2) unless the applicant has submitted an initial zoning application as allowed by § 156.1112(B)(3).

(a) If Town Council feels the circumstances of the case warrant a second public hearing, then it may vote to hold one.

(b) Town Council may defer the matter for further consideration or remand the matter back to its Planning and Development Committee or Planning Commission for further study and recommendation.

(2) Town Council may amend the Zoning Map to provide for initial zoning of an annexed lot through the procedures specified in Chapter 30 of the Mount Pleasant Code of Ordinances.

(3) After a period of six months, if readings of the annexation petition and initial zoning are not finalized, the petition becomes null and void, rescinding any Town Council action on the request. Resubmission of the petition shall be processed as a new application with prescribed fees and all other requirements met.

(1) Withdrawal of an annexation petition and initial zoning prior to the advertisement for its initial public hearing or posting of the property is considered as a termination of the petition. Resubmission of the petition shall be processed as a new application with prescribed fees and all other requirements met.

(2) A postponement request or withdrawal of an annexation petition and initial zoning that occurs between the time of published advertisement of the public hearing or posting of the property and the public hearing proceedings shall be treated as a request denial. Reapplication is subject to a one-year waiting period, unless granted a waiver by Council, as specified in § 156.1343.

(3) In either case, amendment processing shall terminate upon receipt of written notice from the applicant or owner.

(Ord. passed 1-14-25)

§ 156.1116 REVIEW CRITERIA.

In making its decision, Town Council shall consider the following factors:

(A) The relationship of the proposed annexation to the Comprehensive Plan;

(B) The fiscal impact of providing municipal services;

(C) Consideration of the annexation area’s existing conditions and potential future needs for expansion or improvement of utility and transportation infrastructure;

(D) Whether the town can efficiently and effectively provide services, such as police and fire protection and trash collection;

(E) Whether annexation will create a tax burden or measurably reduce the level of service(s) provided to existing citizens and property owners;

(F) Whether the proposed annexation creates new enclaves of unincorporated area surrounded by the municipality; and

(G) Any other factors Town Council deems appropriate.

(Ord. passed 1-14-25)

§ 156.1117 SCOPE OF APPROVAL.

(A) Approval of an annexation petition and initial zoning becomes effective immediately upon final reading by Town Council and the lot(s) is subject to all laws and regulations of the Town of Mount Pleasant.

(B) Approval of an annexation petition and initial zoning does not authorize development. Any development that occurs after annexation requires additional approval, which may include site plan or subdivision plat approval, if applicable, and building permits and certificates of occupancy.

(Ord. passed 1-14-25)

§ 156.1118 REAPPLICATION.

(A) When Town Council disapproves an annexation petition, the petition may not be initiated on the same parcel or any part thereof for a period of 12 months, irrespective of change(s) in ownership;

(1) However, after receipt of written petition by the property owner(s) or other body authorized to submit an annexation petition stating how conditions have changed substantially in the community since prior consideration of the annexation petition so as to justify another review, Town Council may, on a case-by-case basis, waive the waiting period requirements by a vote of a majority of members present and voting in favor, and direct PLAN Department staff in writing to process the application.

(2) Denial of the petition is final. The one-year waiting period shall be met before further consideration of a change in zoning district classification.

(B) Resubmittal of an annexation petition shall be processed as a new application with all fees specified in § 156.1101.

(Ord. passed 1-14-25)

§ 156.1119 APPEALS.

This chapter does not authorize new rights to an appeal from or remedies for adverse decisions by Town Council, but interested parties may pursue existing remedies from the Circuit Court.

(Ord. passed 1-14-25)

§ 156.1120 RECORDKEEPING.

(A) Annexation petitions shall be assigned a file number and recorded in the zoning GIS layer (see § 156.022). The initial zoning for the annexed lot(s) shall be depicted on the Zoning Map.

(B) The Zoning Administrator shall maintain a record of all annexation petitions and related materials.

(Ord. passed 1-14-25)

§ 156.1125 PURPOSE.

This part describes how the town adopts a new Comprehensive Plan.

(Ord. passed 1-14-25)

§ 156.1126 APPLICABILITY.

This part applies to the adoption of a new Comprehensive Plan. S.C. Code § 6-29-510(E) requires the town to update all elements of the Comprehensive Plan at least every ten years. See Subchapter I, Part 5 for the procedure to amend the current Comprehensive Plan and Future Land Use Map.

(Ord. passed 1-14-25)

§ 156.1127 INITIATION.

(A) The process to create a new Comprehensive Plan may be initiated by:

(1) The Town Council, by adoption of a motion;

(2) The Planning Commission, by adoption of a motion; or

(3) Recommendation of the PLAN Department.

(B) Once the town has initiated the process to create a new Comprehensive Plan, it may develop the plan as it deems appropriate. This may include the use of advisory committees as authorized by S.C. Code § 6-29-520(A).

(Ord. passed 1-14-25)

§ 156.1128 COMPLETENESS.

The town initiates this procedure without an application, so § 156.1080 does not apply.

(Ord. passed 1-14-25)

§ 156.1129 NOTICE.

The notice specified in Table 156.1129-1 is required for adoption of the Comprehensive Plan.

Table 156.1129-1: Required Notice for Comprehensive Plan Adoption
Key: N/A = not applicable
Type	Required	To Whom	When
Mail	No	N/A	N/A
Posted	No	N/A	N/A
Publicatio n	Yes	General public	At least 30 days prior to public hearing

(Ord. passed 1-14-25)

§ 156.1130 DECISION.

(A) Planning Commission.

(1) Recommendation of the Comprehensive Plan or any element must be by resolution of the Planning Commission, carried by the affirmative votes of at least a majority of the entire membership. The resolution must refer expressly to maps and other descriptive matter intended by the Planning Commission to form the whole or element of the recommended plan.

(2) The Planning Commission may recommend the adoption of the plan as a whole or elements of the plan. The elements shall correspond with the major geographical sections or divisions of the planning area or with functional subdivisions of the subject matter of the Comprehensive Plan, or both.

(3) The Planning Commission Secretary shall provide a copy of the recommended Comprehensive Plan or element to the Town Council and all other legislative or administrative agencies affected by the Plan.

(B) Town Council.

(1) The Town Council shall conduct a public hearing on the Comprehensive Plan or element, as applicable, prior to adoption.

(2) The Town Council may adopt the Comprehensive Plan as a whole by a single ordinance or elements of the plan by successive ordinances. The elements shall correspond with the major geographical sections or divisions of the planning area or with functional subdivisions of the subject matter of the Comprehensive Plan, or both.

(Ord. passed 1-14-25)

§ 156.1131 REVIEW CRITERIA.

Adoption of a new Comprehensive Plan is not subject to specific review criteria. The Comprehensive Plan establishes the community’s long-term vision for Mount Pleasant and establishes policies related to land use, housing, transportation, economic development, natural and cultural resources, community facilities, public infrastructure and facilities, and community resilience.

(Ord. passed 1-14-25)

§ 156.1132 SCOPE OF APPROVAL.

Adoption of the Comprehensive Plan is a formal statement of town policy. It does not authorize or require specific actions as a result.

(Ord. passed 1-14-25)

§ 156.1133 REAPPLICATION.

The town initiates this procedure without an application, so this section does not apply.

(Ord. passed 1-14-25)

§ 156.1134 APPEALS.

This chapter does not authorize new rights to an appeal from or remedies for adverse decisions by the Town Council, but interested parties may pursue existing remedies from the Circuit Court.

(Ord. passed 1-14-25)

§ 156.1135 RECORDKEEPING.

(A) When the Town Council adopts a new Comprehensive Plan, it shall maintain at least one physical copy at Town Hall for public review and shall post a digital copy on the town website.

(B) When the Town Council adopts a new Future Land Use Map, the PLAN Director works with the Information Technology Division of the Finance and Corporate Services Department to update the Future Land Use GIS layer.

(Ord. passed 1-14-25)

§ 156.1140 PURPOSE.

This part describes how the town makes changes to the Comprehensive Plan. For example, an applicant may use this procedure to ask the town to change the future land use category designated on the Future Land Use Map for a specific lot. Also, S.C. Code § 6-29-510(E) requires the Planning Commission to review the Comprehensive Plan or elements of it as often as necessary, but at least once every five years, to determine whether changes in the amount, kind, or direction of development of the area or other reasons make it desirable to amend the plan.

(Ord. passed 1-14-25)

§ 156.1141 APPLICABILITY.

This part applies to any request to amend the Comprehensive Plan, including amendments to the Future Land Use Map.

(Ord. passed 1-14-25)

§ 156.1142 INITIATION.

(A) The process to amend any part of the adopted Comprehensive Plan may be initiated by:

(1) The Town Council, by adoption of a motion;

(2) The Planning Commission, by adoption of a motion; or

(3) Recommendation of the PLAN Department.

(B) The process to amend the Comprehensive Plan Future Land Use Map may be initiated by any of the agencies specified in division (A) above, or by any property owner in the Town of Mount Pleasant.

(1) A property owner may only request a change in the Future Land Use Map designation of their lot(s).

(2) When a property owner submits a Future Land Use Map Amendment application, the property owner may concurrently submit a zoning map amendment (rezoning) application (see Subchapter I, Part 6) for consistency with the proposed Future Land Use Map amendment, if the current zoning is inconsistent with the proposed Future Land Use Map designation.

(Ord. passed 1-14-25)

§ 156.1143 COMPLETENESS

When a property owner submits a Future Land Use Map amendment application, § 156.1080 applies.

(Ord. passed 1-14-25)

§ 156.1144 NOTICE.

The notice specified in Table 156.1144-1 is required for a Comprehensive Plan or Future Land Use Map amendment application.

Table 156.1144-1: Required Notice for Comprehensive Plan and Future Land Use Map Amendments
Key: N/A = not applicable
Type	Required	To Whom	When
Mail	No	N/A	N/A
Posted	No	N/A	N/A
Publication	Yes	General public	At least 30 days prior to public hearing

(Ord. passed 1-14-25)

§ 156.1145 DECISION.

(A) Planning Commission.

(1) The Planning Commission shall consider the request and provide a recommendation.

(2) For Comprehensive Plan amendments, the Commission shall provide a recommendation for approval, approval with modifications, or disapproval of the proposed amendment.

(3) For Future Land Use Map amendments, the Commission shall provide a recommendation for approval or disapproval of the proposed amendment.

(4) Recommendation of a Comprehensive Plan amendment must be by resolution of the Planning Commission, carried by the affirmative votes of at least a majority of the entire membership.

(B) Town Council.

(1) The Town Council shall conduct a public hearing on the proposed amendment prior to adoption.

(2) For Comprehensive Plan Amendments, the Town Council shall approve, approve with modifications, or disapprove the proposed amendment.

(3) For Future Land Use Map amendments, the Town Council shall approve or disapprove the proposed amendment.

(4) The Town Council may, on its own motion or at the applicant’s request, defer its decision and table the request for not more than 60 calendar days from the date of the public hearing to consider other information that may have a direct bearing on the decision.

(5) If the Town Council elects to table the request, the tabling shall specifically state the meeting date at which the proposed amendment shall reappear on the Town Council agenda. Further notice is not required.

(6) Approval of a Comprehensive Plan or Future Land Use Map amendment requires a supermajority (75%) of voting members of Town Council. When calculating the number of votes required to achieve a 75% supermajority, any fraction is rounded up to the next highest whole number.

(Ord. passed 1-14-25)

§ 156.1146 REVIEW CRITERIA.

In considering any Comprehensive Plan or Future Land Use Map amendment application, the Planning Commission and Town Council shall consider the following criteria:

(A) Whether the proposed amendment is consistent with other policies and recommendations in the Comprehensive Plan;

(B) Whether the proposed amendment is consistent with other adopted town plans and policies relevant to the application;

(D) Any other factors the Commission or Council deem appropriate.

(Ord. passed 1-14-25)

§ 156.1147 SCOPE OF APPROVAL.

A Comprehensive Plan or Future Land Use Map amendment is a formal change in town policy. It does not authorize or require specific actions as a result.

(Ord. passed 1-14-25)

§ 156.1148 REAPPLICATION.

When Town Council disapproves a Comprehensive Plan or Future Land Use Map amendment application, the same amendment may not be initiated for a period of 12 months.

(Ord. passed 1-14-25)

§ 156.1149 APPEALS.

This chapter does not authorize new rights to an appeal from or remedies for adverse decisions by the Town Council, but interested parties may pursue existing remedies from the Circuit Court.

(Ord. passed 1-14-25)

§ 156.1150 RECORDKEEPING.

(A) When the Town Council approves changes to the text of the Comprehensive Plan, the PLAN Director updates the Comprehensive Plan to include these changes or adds the changes as an appendix to the Plan, as appropriate.

(B) When the Town Council approves changes to the Future Land Use Map, the PLAN Director updates the Future Land Use GIS layer.

(Ord. passed 1-14-25)

§ 156.1155 PURPOSE.

This part describes the way the town changes the zoning classification of a lot.

(Ord. passed 1-14-25)

§ 156.1156 APPLICABILITY.

(A) This part applies to any proposal to amend the Zoning Map, including any proposal to establish a new Planned Development (PD) District. In accordance with S.C. Code § 6-29-740, any request involving the establishment of a PD District or is considered an amendment to this chapter.

(B) Amendments to existing PD Districts follow the procedure specified in Subchapter I, Part 18.

(Ord. passed 1-14-25)

§ 156.1157 INITIATION.

(A) Applicant eligibility. A Zoning Map amendment application may be initiated by:

(1) Town Council by adoption of a motion;

(2) Planning Commission by adoption of a motion;

(3) The owner of the subject property, or their agent; and

(4) The Zoning Administrator.

(B) Pre-application meeting. A pre-application meeting is required, if the application is filed by the property owner or their agent (see § 156.1079).

(1) A Zoning Map Amendment application is filed with the PLAN Department on or before the Planning Commission application deadline specified on the annual meeting schedule. Applications may be filed electronically.

(2) Only one Zoning Map amendment application pertaining to the same property shall be considered at a time.

(D) Zoning Map amendments for Planned Development Districts.

(1) Planned Development District Zoning Map amendment applications are first submitted for preliminary staff review (see § 156.1081).

(2) Following preliminary staff review, the Planned Development District text amendment application is submitted in accordance with § 156.1337(B)(1).

(3) If a proposed Planned Development District text amendment application involves the text of a development agreement proposed or adopted pursuant to the provisions of Chapter 157, the applicant must submit the complete application at least 56 days prior to the meeting at which the Planning Commission will consider the amendment.

(E) Town-initiated rezoning.

(1) When the Town Council or the Planning Commission initiates a rezoning, PLAN Department staff will notify the owners of the property by written notice by registered or certified mail, return receipt requested. The letter must be mailed at least 21 days prior to the Planning Commission public hearing on the rezoning.

(2) If the addressee of any required notice under this section fails or refuses to accept or sign a return receipt for the notice, or the notice is returned undelivered, the notice may be served by regular mail, deposited in the United States mail, properly stamped, to the address used by the addressee for tax purposes, or the notice may be served in any manner permitted under Rule 4 of the South Carolina Rules of Civil Procedure, and an affidavit of the official required to give the notice, setting forth the time and manner of service of the notice, will be conclusive evidence of the giving of the notice under this section.

(3) Posted notice on each affected parcel is not required for town-initiated rezoning for large areas. Notice for rezoning of large areas will be posted at prominent locations and intersections.

(Ord. passed 1-14-25)

§ 156.1158 COMPLETENESS.

See § 156.1080.

(Ord. passed 1-14-25)

§ 156.1159 NOTICE.

The notice specified in Table 156.1159-1 is required for a Zoning Map amendment application.

Table 156.1159-1: Required Notice for Zoning Map Amendments
Key: N/A = not applicable
Type	Required	To Whom	When
Mail	No	N/A	N/A
Posted	Yes	General public	At least 15 days prior to public hearing
Publication	Yes	General public	At least 15 days prior to public hearing

(Ord. passed 1-14-25)

§ 156.1160 DECISION.

(A) Planning Commission review and recommendation.

(1) The Planning Commission shall review all Zoning Map amendment applications and prepare a report and recommendation, stating its findings and its evaluation of the proposed amendment. In making its report, the Commission shall consider the criteria specified in § 156.1161.

(2) The Planning Commission shall hold a public hearing. From the closing date of the public hearing, the Commission has 30 days in which to submit its report and recommendation to Town Council. A public hearing by the Commission shall not be extended for more than a period of 30 days. Once a public hearing begins, it must be closed no later than 30 days from the commencement date.

(3) If the Commission fails to submit its report to Town Council within the required 30 days, it is deemed to have recommended approval of the proposal.

(B) Town Council decision.

(1) Town Council may amend the Zoning Map through the procedures specified in Chapter 30 of the Mount Pleasant Code of Ordinances.

(2) Following the recommendation of the Planning Commission, Council shall approve or disapprove the proposed amendment. In rendering its decision, Town Council shall consider, but is not bound by, the recommendation of the Planning Commission.

(a) If Town Council feels the circumstances of the case warrant a second public hearing, then it may vote to hold one.

(b) Town Council may defer the matter for further consideration or remand the matter back to its Planning and Development Committee or Planning Commission for further study and recommendation.

(3) No change in or departure from the Zoning Map Amendment as recommended by the Planning Commission may be made pursuant to the hearing unless the change or departure is first submitted to the Planning Commission for review and recommendation.

(4) After a period of six months from the Planning Commission recommendation, if readings of the Zoning Map Amendment application are not finalized, the application becomes null and void, rescinding any Town Council action on the request. Any further Council action on the same request that has been denied or expires requires a public hearing by the Planning Commission before Town Council acts upon subsequent readings of the amending ordinance.

(1) Withdrawal of a Zoning Map amendment application prior to the advertisement for its initial public hearing or posting of the property is considered as a termination of the application. Resubmission of applications shall be processed as a new application with prescribed fees and all other requirements met.

(2) A postponement request or withdrawal of a Zoning Map amendment application that occurs between the time of published advertisement of the public hearing or posting of the property and the public hearing proceedings shall be treated as a request denial. Reapplication is subject to a one-year waiting period, unless granted a waiver by Council, as specified in § 156.1343.

(3) In either case, amendment processing shall terminate upon receipt of written notice from the applicant or owner.

(Ord. passed 1-14-25)

§ 156.1161 REVIEW CRITERIA.

(A) As a matter of policy, Town Council shall not approve a Zoning Map amendment application, except:

(1) Where necessary to implement the Comprehensive Plan;

(2) To correct an original mistake, a manifest error in the regulations;

(3) To recognize substantial change or changing conditions or circumstances in a particular locality; or

(4) To recognize changes in technology, the style of living, or manner of doing business.

(B) In making its decision, Town Council shall consider the following factors, as applicable:

(1) The relationship of the proposed Zoning Map amendment application to the Comprehensive Plan and Future Land Use Map;

(2) Whether the request supports or contradicts the Comprehensive Plan;

(3) The relationship of the proposed Zoning Map amendment to other relevant plans adopted by the town;

(4) Whether the uses allowed by the proposed change would be appropriate in the area concerned;

(5) Whether adequate public school facilities, roads, and other public services exist or can be provided to serve the needs of the development likely to take place as a result of such change, and the consequences of such change;

(6) Whether the proposed change is in accordance with any existing or proposed plans for providing public water supply and sanitary sewers to the area;

(7) The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the town, and any special circumstances that may make a substantial part of such vacant land unavailable for development;

(8) Whether the proposed Zoning Map amendment is consistent with Chapter 155;

(9) Whether the proposed Zoning Map amendment is consistent with best practices for community planning and design; and

(10) Whether public necessity, safety, or general welfare justifies the Zoning Map amendment.

(C) When a Zoning Map amendment application includes property located within the boundaries of an overlay district, the application will be considered in context with the purpose of the overlay district.

(Ord. passed 1-14-25)

§ 156.1162 SCOPE OF APPROVAL.

(A) A Zoning Map Amendment becomes effective immediately upon final reading by Town Council.

(B) Approval of a Zoning Map amendment application does not authorize development. Any development that occurs after the Zoning Map amendment is adopted requires additional approval, which may include site plan or subdivision plat approval, if applicable, and building permits and certificates of occupancy.

(Ord. passed 1-14-25)

§ 156.1163 REAPPLICATION.

(A) When Town Council disapproves a Zoning Map amendment application, the same amendment may not be initiated on the same parcel or any part thereof for a period of 12 months, irrespective of change(s) in ownership;

(1) However, after receipt of written petition by the property owner(s) or other body authorized to submit a Zoning Map amendment application stating how conditions have changed substantially in the community since prior consideration of the Zoning Map amendment application so as to justify another review, Town Council may, on a case- by-case basis, waive the waiting period requirements by a vote of a majority of members present and voting in favor, and direct PLAN Department staff in writing to process the application.

(2) Denial of the petition is final. The one-year waiting period shall be met before further consideration of a change in zoning district classification.

(B) Resubmittal of a Zoning Map amendment application shall be processed as a new application with all fees specified in § 156.1101.

(Ord. passed 1-14-25)

§ 156.1164 APPEALS.

This chapter does not authorize new rights to an appeal from or remedies for adverse decisions by Town Council, but interested parties may pursue existing remedies from the Circuit Court.

(Ord. passed 1-14-25)

§ 156.1165 RECORDKEEPING.

(A) Zoning Map amendments shall be assigned a file number and recorded in the zoning GIS layer (see § 156.022).

(B) The Zoning Administrator shall maintain a record of all Zoning Map amendment applications and related materials.

(Ord. passed 1-14-25)

§ 156.1170 PURPOSE.

The zoning permit procedure allows the Zoning Administrator to review new uses, structures, activities, and developments prior to establishment of the use or commencement of development activities to ensure they:

(A) Comply with the standards in this chapter;

(B) Have appropriate design and infrastructure; and

(C) Comply with any conditions of approval required by other procedures, such as design review, special exception use permits, and variances.

(Ord. passed 1-14-25)

§ 156.1171 APPLICABILITY.

(A) This part applies to an application for zoning permit approval. Unless elsewhere exempted by this chapter, an applicant shall obtain a zoning permit prior to:

(1) Clearing, excavating, or filling of any lot for any site improvements;

(2) Constructing any building, or commencing construction of any building on an already prepared lot;

(3) Commencing the moving or alteration of any building;

(4) Establishing a new principal use, including conditional uses and special exception uses;

(5) Changing one existing principal use to another;

(6) Reestablishing a use after a period of non-use of 180 days or more;

(7) Establishing a new accessory use, including conditional accessory uses;

(8) Establishing a temporary use;

(9) Removing a protected tree on a developed lot;

(10) Removing vegetation other than invasive species or initiating land disturbance activity of any kind in a critical area buffer, wetland buffer, or historical and cultural resources buffer;

(11) Erecting, moving, altering, replacing, or changing copy on (except on readerboard signs) any sign;

(12) Issuance of a building permit, if applicable; and

(13) Issuance of a business license, if applicable.

(B) Zoning permit applications for communications towers or small wireless facilities are subject to the requirements in this part and in Subchapter I, Parts 19 and 20, as applicable.

(1) Constructed of brick, stone, or concrete; or

(2) Located on a corner lot along one or more lot lines adjacent to a street right-of-way.

(Ord. passed 1-14-25)

§ 156.1172 INITIATION.

(A) Applicant eligibility. A zoning permit application may be initiated by:

(1) The property owner or tenant of the subject property; or

(2) An agent of the property owner or tenant of the subject property.

(B) Application requirements.

(1) Generally. A zoning permit application is filed with the PLAN Department. Applications may be filed electronically or in-person.

(2) Site plan.

(a) A site plan with adequate detail of features such as building layout, setbacks, easements, parking, circulation systems, tree protection zones, and buffers must be submitted in conjunction with the zoning permit application.

(b) An application filed without an adequate site plan is considered incomplete, unless the Zoning Administrator determines a site plan is not necessary for the particular proposal. The Zoning Administrator may make such determination when the applicant can demonstrate compliance with this chapter through other means.

(Ord. passed 1-14-25)

§ 156.1173 COMPLETENESS.

See § 156.1080.

(Ord. passed 1-14-25)

§ 156.1174 NOTICE.

Notice is not required for a zoning permit.

(Ord. passed 1-14-25)

§ 156.1175 DECISION.

The Zoning Administrator reviews and approves or disapproves a zoning permit application.

(Ord. passed 1-14-25)

§ 156.1176 REVIEW CRITERIA.

(A) The Zoning Administrator shall review the zoning permit application for compliance with applicable provisions of the Zoning Code.

(B) When a zoning permit application includes two or more lots proposed for development as a single, unified site, all setback and screening requirements apply only to the exterior lot lines of the unified development site and not to internal lot lines within the unified site, unless otherwise required by another procedure.

(Ord. passed 1-14-25)

§ 156.1177 SCOPE OF APPROVAL.

Approval of a zoning permit application authorizes:

(A) The Building Official to issue a building permit for the proposed construction, if applicable;

(B) The Business License Official to issue a business license for the proposed use, if applicable; and

(Ord. passed 1-14-25)

§ 156.1178 REAPPLICATION.

There is no time limit on refiling a withdrawn or disapproved zoning permit application.

(Ord. passed 1-14-25)

§ 156.1179 APPEALS.

The Zoning Administrator’s decision on a zoning permit application may be appealed to the Board of Zoning Appeals in accordance with Subchapter I, Part 17.

(Ord. passed 1-14-25)

§ 156.1180 RECORDKEEPING.

The Zoning Administrator shall maintain a record of all zoning permit applications and related materials.

(Ord. passed 1-14-25)

§ 156.1185 CROSS-REFERENCE TO APPLICABLE PROCEDURE.

The procedure for establishment of a short-term rental is specified in Subchapter C, Part 6.

(Ord. passed 1-14-25)

§ 156.1200 PURPOSE.

Some land uses, buildings, or structures are not appropriate under all circumstances in a given zoning district but may be appropriate if adequate precautions are taken to assure compatibility with surrounding uses, public need, and the town as a whole. This part allows such uses through a special exception use permit.

(Ord. passed 1-14-25)

§ 156.1201 APPLICABILITY.

This part applies to an application for a special exception use permit. An applicant shall obtain a special exception use permit before changing a use to or establishing a new use that is designated as a special exception use for the zoning district, as shown in § 156.338.

(Ord. passed 1-14-25)

§ 156.1202 INITIATION.

(A) Applicant eligibility. A special exception use permit application may be initiated by:

(1) The property owner or tenant of the property proposed for the use; or

(2) An agent of the property owner or tenant of the property proposed for the use.

(B) Pre-application meeting. A pre-application meeting is required (see § 156.1079).

(1) A special exception use permit application is filed with the PLAN Department on or before the Board of Zoning Appeals application deadline specified on the annual meeting schedule. Applications may be filed electronically or in-person.

(2) A conceptual site plan with adequate detail of features such as building layout, setbacks, easements, parking, circulation systems, and buffers must be submitted in conjunction with the special exception use permit application. An application filed without an adequate conceptual site plan is considered incomplete.

(D) Effect on other proceedings. A special exception use permit request that would correct a zoning violation stays all legal proceedings by the town on the zoning violation, unless the Zoning Administrator certifies to the Board of Zoning Appeals, after the special exception use permit application has been filed, that a stay would cause an imminent peril to life and property. In cases where there is an imminent peril to life and property, proceedings will not be stayed unless a restraining order is granted by the Board or by a court of record on application.

(E) Consideration for Planning Commission and Town Council procedures. As a matter of process and procedure, proposed developments involving applications for special exception uses that also require separate review by the Planning Commission and/or separate Town Council approval, shall not be considered by the Board of Zoning Appeals until the referenced review and/or approval is completed.

(Ord. passed 1-14-25)

§ 156.1203 COMPLETENESS.

See § 156.1080.

(Ord. passed 1-14-25)

§ 156.1204 NOTICE.

(A) The notice specified in Table 156.1204-1 is required for a special exception use permit application.

(B) If the Board remands a special exception use permit request to the Zoning Administrator for further review, the Board may set a hearing without further public notice for a time certain within 60 days unless otherwise agreed to by the parties. The Board must maintain a list of persons who express an interest in being informed when the remanded matter is set for rehearing, and notice of the rehearing must be mailed to these persons before the rehearing.

Table 156.1204-1: Required Notice for Special Exception Use Permit Applications
Key: N/A = not applicable
Type	Required	To Whom	When
Mail	Yes	Parties in interest	Due notice
Posted	Yes	General public	Prior to public hearing
Publicatio n	Yes	General public	At least 15 days prior to public hearing

(Ord. passed 1-14-25)

§ 156.1205 DECISION.

(A) The Board of Zoning Appeals will hear all applications for special exception use permits and will render a decision in each matter.

(B) The Board will hear a special exception use request within 60 days of the date the application is deemed complete.

(D) The burden of proof for the relief sought is upon the applicant.

(E) Based on the hearing and probable impact of the proposed use on surrounding uses and conditions, the Board may approve, approve with conditions, or disapprove the request. The Board may approve a special exception use permit application subject to such reasonable terms and conditions as it may consider necessary to accomplish the intent of this part and this entire Zoning Code.

(F) On its own motion or the motion of a party, the Board may remand a special exception use permit request to the Zoning Administrator if the Board determines the record is insufficient for review. special exception use permit applications that are remanded must be rescheduled for hearing within 60 days unless the parties agree on an extension.

(G) The Board will issue a written decision within 45 days of the final hearing on the matter.

(H) All final decisions or orders of the Board will be delivered to parties-in-interest by certified mail.

(Ord. passed 1-14-25)

§ 156.1206 REVIEW CRITERIA.

(A) In considering an application for a special exception use permit, the Board shall:

(1) Apply the standards for the proposed special exception use as set out in Subchapter C, Part 3, Subpart 3.3; and

(2) Use the following general criteria for judging the compatibility of the proposal with the surrounding area:

(a) Adequate provision is made for such items as setbacks, fences, and buffer or planting strips to protect adjacent properties from the possible adverse influence of the proposed use, such as noise, vibration, dust, glare, odor, traffic congestion, and similar factors;

(b) Vehicular traffic and pedestrian movement on adjacent roads is not hindered or endangered;

(c) Off-street parking and loading areas and the entrance(s) and exit(s) of these areas are adequate in terms of location, amount, design, and construction to serve the proposed use; and

(d) The proposed use is compatible with existing uses to the extent that such use will not adversely affect the level of property values, general character, or general welfare of the nearby area.

(Ord. passed 1-14-25)

§ 156.1207 SCOPE OF APPROVAL.

(A) Generally. An approved special exception use permit application does not authorize construction or development. All special exception uses also require zoning permit approval, following approval by the Board of Zoning Appeals and prior to the establishment of the use.

(B) Approval based on submitted plans.

(1) Unless specifically modified by the Board's approval, the special exception use must be established in accordance with the specific plans submitted with the application.

(2) Minor changes to the approved plans that do not affect the approval granted may be allowed in order to meet other code requirements, if approved by the Zoning Administrator.

(3) Routine repairs and maintenance may be made to a structure constructed pursuant to special exception use permit approval as required to preserve it in sound condition. Any proposed changes to the structure shall be presented to the Board Secretary for a determination as to whether a new application is required.

(1) In order to complete additional applications and receive the necessary permits for construction, special exception use permits are vested for a period of two years, subject to the rights and restrictions contained within this title.

(2) Failure to receive the necessary permits within the prescribed timeframe renders the special exception use permit approval void and of no force or effect.

(Ord. passed 1-14-25)

§ 156.1208 REAPPLICATION.

(A) For a period of 12 months, the Board shall not accept a special exception use permit application for a matter upon which it has rendered a final decision, except as provided in the Board’s rules of procedure.

(B) Prior to the lapse of the 12-month timeframe and upon a majority vote ascertaining changed facts or circumstances, the Board may accept such a special exception permit application for consideration.

(Ord. passed 1-14-25)

§ 156.1209 APPEALS.

(A) Generally.

(1) A person who may have a substantial interest in any decision of the Board of Zoning Appeals, or an officer or agent of the Town of Mount Pleasant, may appeal from a decision of the Board to the Circuit Court of Charleston County, by filing with the Clerk of Court a petition, in writing, setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within 30 days after the decision of the Board is mailed.

(2) A property owner whose land is the subject of a decision of the Board of Zoning Appeals may appeal either:

(a) As provided in this division (A); or

(b) By filing a notice of appeal with the Circuit Court, accompanied by a request for pre-litigation mediation in accordance with S.C. Code § 6-29-825. Any notice of appeal and request for pre-litigation mediation must be filed within 30 days after the decision of the Board is postmarked.

(B) Notice of appeal and transcript. Upon the filing of the appeal, the Clerk of the Circuit Court shall give immediate notice of it to the Secretary of the Board and, within 30 days from the time of the notice, the Board shall file with the Clerk a certified copy of the proceedings held before the Board of Zoning Appeals, including a transcript of the evidence heard before it, if any, and the decision of the Board, including its findings of fact and conclusions.

(C) Supersedeas. The filing of an appeal in the Circuit Court from a decision of the Board shall not ipso facto act as a supersedeas, but the judge of the Circuit Court may, at their discretion, grant a supersedeas upon such terms and conditions as may seem reasonable and proper.

(Ord. passed 1-14-25)

§ 156.1210 RECORDKEEPING.

(A) The Board will keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating the fact.

(B) The Board will issue a written decision to all parties involved in the matter.

(C) All final decisions and orders of the Board must be in writing and permanently filed in the PLAN Department office as a public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the Board, which must be delivered to parties of interest by certified mail.

(Ord. passed 1-14-25)

§ 156.1215 PURPOSE.

The purpose of an impact assessment is to provide a basis for assessing a proposed major development project's favorable or unfavorable impact on the town's overall environment and infrastructure, with an emphasis on transportation, drainage, and service provision.

(Ord. passed 1-14-25)

§ 156.1216 APPLICABILITY.

(A) Minimum thresholds. Impact assessments are required for new development and redevelopment that meet the following minimum thresholds:

(1) New development of land.

(a) An impact assessment is required when one or more of the following conditions are met:

1. The proposed development is comprised of residential uses that are projected to generate more than 75 peak hour vehicle trips; or

2. The proposed development is comprised of 40,000 square feet or more of non-residential area, and is projected to generate more than more than 75 peak hour vehicle trips; or

3. The proposed development is comprised of a combination of residential and non-residential uses such that the residential component only is projected to generate more than 75 peak hour vehicle trips, and the non-residential component consists of 40,000 square feet or more of area.

(b) Projected peak hour vehicle trips are determined by the Zoning Administrator in consultation with the Director of Engineering and Development Services.

(c) Calculations of total square footage of open venues for entertainment, recreation, and civic uses, such as playing fields, amphitheaters, or concert lawns, shall include the open area square footage.

(2) Redevelopment of improved property. An impact assessment is required for redevelopment projects when the net increase in both peak hour vehicle trips and building square footage meets the threshold requirements specified in division (A)(1)(a) above. The impacts assessed shall be predicated only upon the net increase of peak hour vehicle trips and building square footage.

(B) Project phasing.

(1) The subdivision of a project into development phases, or any staging proposals (irrespective of ownership), or subdivision of a larger parcel into smaller parcels for sale or development, does not void the requirement of an impact assessment for the overall project.

(2) In phased development projects, additional impact assessments may be required, if the proposed development phase meets any of the minimum threshold requirements.

(3) The determination of whether additional impact assessments are required is made by the Zoning Administrator at the time of the developer's additional plan approval request.

(Ord. passed 1-14-25)

§ 156.1217 INITIATION.

(A) Pre-application meeting. An applicant initiates the Impact Assessment procedure by attending a pre-application meeting with staff from the PLAN Department and the Department of Engineering and Development Services.

(1) During the pre-application meeting, the developer must identify the type of development and size; access requirements; land use types and densities; project phasing; and the anticipated build-out year for the proposed development. The developer shall also present any available construction plans, concept drawings, or figures of the proposed development.

(2) The developer shall also request any needed clarifications of the remaining process. Town staff shall provide guidance concerning the transportation impact assessment process (see § 156.1218(F)) and assist in identifying any additional information that is required.

(3) It is not necessary for the applicant to complete the transportation impact assessment data form (see § 156.1218(F)(3)) prior to the pre-application meeting, but having the requested information readily available will make the meeting more productive.

(B) Transportation impact assessment process. The transportation impact assessment process is initiated in accordance with § 156.1218(F)(2), which requires a pre-application meeting as specified in division (A) above.

(C) Transportation impact assessment data form. Following the pre-application meeting, the applicant must submit a complete transportation impact assessment data form (see § 156.1218(F)(3)) at least eight weeks prior to the Planning Commission meeting at which the impact assessment is anticipated to be considered.

(D) Preliminary staff review. Submittal of an impact assessment for preliminary staff review (see § 156.1081) is required. Impact assessments submitted for preliminary staff review are not required to include a complete traffic study, but traffic summaries and anticipated mitigation should be provided for review.

(E) Impact assessment application submittal. Once the applicant has completed the preliminary impact assessment review, they may submit a complete impact assessment application for consideration by the Planning Commission and Town Council. The application must be submitted on or before the Planning Commission application deadline specified on the annual meeting schedule.

(F) Zoning requests.

(1) Requests for zoning of property proposed for annexation or rezoning requests for property located within the municipal limits and for which no specific development plan is contemplated do not require submittal for impact assessment approval in conjunction with the zoning/rezoning request.

(2) However, if a specific development plan is contemplated that will require impact assessment approval, the impact assessment may be submitted in conjunction with the zoning/rezoning request.

(Ord. passed 1-14-25)

§ 156.1218 SUBMITTAL REQUIREMENTS.

(A) Generally. The impact assessment shall be prepared by qualified professionals pursuant to checklist forms devised and provided by the Department of Planning, Land Use, and Neighborhoods, and shall include, but is not limited to, the information specified in this section.

(B) Conceptual plan. The impact assessment shall be submitted with a conceptual plan, the requirements of which are compiled in a checklist by the Department of Planning, Land Use, and Neighborhoods, and may be subject to alteration from time to time, as deemed necessary.

(C) General description of proposed major development project. Provide a general written description of the proposed major development project. Include in this description the proposed phases of development or operation and facility utilization, target dates for each of these, and date of completion. In addition:

(1) Indicate the site size, development staging, and appropriate descriptive measures of the proposed project;

(2) Describe the relationship of the proposed development to the town Comprehensive Plan's objectives and policies;

(3) Indicate the relationship to existing or proposed plans for public facilities, such as parks and recreation, schools, transportation, wastewater treatment, and the like; and

(4) Describe the relationship of the proposed project to any of the town's special area management plans.

(D) Specific impacts on public facilities – water supply, and wastewater management. Identify projected average daily potable water demands at the end of each development phase. Specify any consumption rates that have been assumed for the project. Provide a description of the volume and characteristics of effluents.

(E) Specific impacts on public facilities – drainage. Provide the following minimum requirements to adequately determine the impacts from changes to the stormwater characteristics of the land:

(1) Current drainage pattern of the property, which shall include topographic information represented with one-foot contours;

(2) Sub-watershed map identifying significant drainage features within the nearest receiving waterbody drainage basin;

(3) When repetitive flood losses have been documented on FEMA reporting forms within the sub-watershed basin, provide a hydrology analysis that demonstrates no change in conditions upstream or downstream from the proposed development;

(4) Water quality plan describing how the impairment will be addressed during and after construction, when the receiving waterbody contains a total maximum daily loading (TMDL) restriction, or when an impaired monitoring station that is identified on the South Carolina Department of Environmental Services Bureau of Water 303d list.

(F) Specific impacts on public facilities – transportation. The following procedures shall be used to identify traffic impacts and mitigation strategies associated with the proposed development project and may be referred to as the “transportation impact assessment process.”

(1) Purpose.

(a) The purpose of this division (F) is to establish a process allowing town staff and officials to better understand the relationship between new development and the existing and proposed transportation infrastructure.

(b) It will provide a highly detailed analytical tool for the identification of transportation deficiencies and corresponding mitigation strategies addressing the impacts related to new development.

(c) The described analysis and resulting mitigation strategies are predicated upon an accepted operational Level of Service D for suburban population areas, as recommended in the town's adopted Transportation Plan as included in the current Comprehensive Plan. It is not intended to provide justification for the denial of individual development projects, per se, based solely upon the inability to provide an operational Level of Service D to all roadway segments identified as the transportation influence area described herein.

(2) Transportation impact assessment process initiation. To engage in the formal transportation impact assessment review process, the developer must obtain a transportation impact assessment application package from the Department of Engineering and Development Services, schedule a pre-application meeting (see § 156.1217), and ultimately complete the application. The package will contain a description of the review process, a checklist of required information, and a transportation impact assessment data form.

(3) Transportation impact assessment data form.

(a) Once the pre-application meeting (see § 156.1217) is complete, the developer must submit a complete transportation impact assessment data form to town staff. The purpose of the transportation impact assessment data form is to provide town staff with sufficient information regarding the proposed development to determine whether an impact assessment is required, and what the general impact of the development may be on the transportation system. The impact assessment data form will include, at a minimum, the following information:

1. Name, address, and phone number of the owner, agent, and developer of the property;

2. Name, address, and phone number of the qualified transportation professional conducting the transportation impact assessment;

3. Name of the proposed development;

4. The location of the development (including a location map clearly showing the roadways adjacent to the proposed project);

5. A description of the proposed project, including a site plan, total developed area, types of land uses, and land use densities (i.e., gross square footage of building space, dwelling units, employees);

6. A brief narrative describing the project, including phasing of the project, anticipated build-out year, and access requirements; and

7. Trip generation characteristics.

(b) The layout and content of the form may be periodically modified to ensure that town staff is requesting and obtaining the data necessary for preliminary impact assessment review.

(c) Town staff shall determine whether the transportation impact assessment data form is complete and notify the applicant appropriately. Only proposed developments that have submitted complete transportation impact assessment data forms at least eight weeks prior to the anticipated Planning Commission meeting will be carried forward in the current batch of projects.

(4) Preliminary transportation impact assessment review.

(a) Review process.

1. For those projects carried forward in the process, town staff shall conduct a preliminary review of the proposed development and provide the applicant with the results.

2. Applicants will not only receive the preliminary review results from their own proposal, but also those for other proposals currently under review.

3. This will enable applicants to address the impacts of other proposals currently under review in their transportation impact assessment reports.

(b) Travel demand models and capacity spreadsheets. Town staff shall use travel demand models and capacity spreadsheets in conducting the preliminary impact reviews, using the travel demand modeling computer program known as “QRS.”

1. Using QRS travel demand models, town staff shall estimate traffic volume changes on the surrounding road network resulting from each proposed development. The surrounding roadway network is comprised of the major transportation facilities, as identified in the adopted Transportation Plan, and consists of 76 separate roadway segments.

2. Using the land use densities (i.e., dwelling units, square footage, employment data) and/or estimated vehicle trips included with the transportation impact assessment data form, town staff shall modify the travel demand model to include the proposed development.

3. Staff shall have QRS estimate the number of trips based on socioeconomic data or, if data is provided on the transportation impact assessment data form, define the proposed development as a point generator and enter the total number of trips originating from that point.

4. Based on the location of the proposed development, staff shall modify the data for the appropriate Traffic Analysis Zone (TAZ) within the model. The model can then estimate the number of trips and distribute/assign the trips onto the surrounding road network.

5. Once staff has modified and run the travel demand models, modeled volumes will be imported into a capacity analysis spreadsheet. The capacity spreadsheets indicate the maximum capacity of roadway segments and track the consumption of capacity by existing volumes and volumes attributable to approved or proposed developments. Maximum capacities shall be calculated using Highway Capacity Manual methodology.

6. Volumes used for capacity evaluation are calculated by applying modeled growth percentages to existing counts. Modeled volumes for the most recent year for which counts are available shall serve as the base values for estimating modeled growth percentages.

7. To assess the impacts of proposed development on the road network, it is necessary to compare modeled volumes to those estimated for developments that have been approved but not yet constructed. Growth percentages shall be calculated for two conditions, approved projects and proposed projects. (Proposed developments that are pending approval by the Planning Commission or Town Council will be considered as approved for reviews of the group of projects undergoing preliminary impact assessment reviews.)

8. The percent growth in modeled volumes shall then be applied to existing traffic counts and converted to p.m. peak hour volumes, using existing peak hour factors and directional splits. These volumes will then be compared to existing roadway capacities in order to identify any potential roadway deficiencies resulting from the proposed development.

9. After reviewing the results of the capacity analysis spreadsheets, town staff will define the minimum area of influence to be used in conducting a detailed traffic impact study for the proposed development. The minimum area of influence shall be defined by identifying all road segments with volumes attributable to the development exceeding 2% of the road segment's available LOS D capacity.

10. Staff will notify the developer as to the limits of the traffic impact study area, and any other analysis requirements to be included in the traffic impact study prepared by the developer. An example of other analysis requirements could include a.m. peak period analysis in the vicinity of a school site to address operational and safety concerns, such as signal provision/coordination or turn lane additions.

(5) Traffic impact study.

(a) Study area/minimum requirements.

1. The traffic impact study area shall be comprised of all areas with adverse links. ADVERSE LINKS are defined as roadway segments in which the projected trips added to the existing volume and committed trips (E + C) exceed the LOS D capacity for that link.

2. Based on the limits of the traffic impact study area and any other requirements specified by town staff, the developer shall conduct a detailed traffic impact study for the proposed development.

3. The methodology and procedures used in the traffic impact study must be in accordance with accepted engineering practices of the state and approved by town staff. At a minimum, the traffic impact study must include a summary of the trips the development will generate, capacity analysis of the intersections and roadway segments contained within the study area, identification of any roadway deficiencies caused by the development, and proposed improvements for mitigating transportation network deficiencies, if applicable.

(b) Application timeframe.

1. Once the traffic impact study has been completed, it shall be submitted, along with other required documentation, to the town as part of the transportation impact assessment application package.

2. The transportation impact assessment application package will not be accepted earlier than 14 days from the time staff provides reports from the preliminary impact assessment review.

(6) Transportation impact assessment application.

(a) The transportation impact assessment application package must include a completed transportation impact assessment data form, site plan/construction drawings, a description of land use types and densities, access requirements, the traffic impact study report, and other information discussed in the pre-application meeting.

1. Application packages will be reviewed in the order they are received, based on time stamps that will be applied upon confirmation of receipt of a complete package.

2. Town staff shall determine whether the developer has submitted a complete application package.

3. Only proposed developments that meet established deadlines for completed application packages will be carried forward in the current batch of projects.

4. Projects that meet deadlines for the transportation impact assessment data form, but fail to meet application package deadlines, shall begin the impact assessment process from the start.

(b) A complete application package will include estimates of the number of trips generated by the proposed development, including, if appropriate, the estimated amount of vehicle trips generated by the proposed development for each phase of the development and at build-out. The estimated number of vehicle trips must be calculated for total daily and p.m. peak hours, using the procedures outlined in the ITE Trip Generation Handbook.

1. Vehicle trips will be estimated using either ITE trip rates or formulas contained in the latest edition of the ITE Trip Generation Manual.

2. Any other methods used for estimating vehicle trips must be approved by the Director of Engineering and Development Services prior to submitting the application package.

1. A detailed summary of the proposed land use types and associated densities, ITE land use codes, and ITE trip rates/formulas;

2. A table summarizing the total daily and p.m. peak hour vehicles trips generated by the proposed development by phase and build-out;

3. A distribution of the number of vehicle trips entering and exiting the development for the p.m. peak hour;

4. A table summarizing assumed internal trip capture rates and pass-by trips, if applicable; and

5. A brief narrative describing any assumptions made regarding the estimation of vehicle trips, distribution, internal capture, and pass-by trips.

(7) Staff review period.

(a) While town staff shall estimate the impacts of proposed developments individually during the preliminary impact assessment review, recommendations to local officials shall be based on the aggregate effects of all projects in the current group of projects under review. (For the aggregate analysis, only projects that have been previously approved by the Planning Commission are considered “approved.”) Staff recommendations must be developed, considering the information contained in the completed application packages and the analysis of the aggregate impacts.

(b) Town staff must analyze the current proposed projects as a group, using QRS models and capacity spreadsheets, according to the following significance and adversity testing methodology.

1. Significance. The significance level is defined by the general use of 2% of LOS D capacity for a given roadway link. When projected trips on any given link exceed the 2% threshold, trips on the link are considered significant. Provided, however, that trips on a link that already exceed the LOS D capacity shall be exempt from consideration for mitigation, other than site-specific safety and operational features, such as the provision of turn lanes and/or signalization improvements.

2. Adverse. Adversity on any given roadway link is achieved when project trips added to the existing volume and committed trips (E+C) exceed LOS D for that link.

3. Mitigation. Mitigation will be considered when project trips are both significant and adverse with respect to each affected roadway link, as illustrated in the following scenarios:

a. Scenario 1. Project trips do not exceed the 2% threshold, but with the addition of project trips the link becomes adversely affected. This represents adversity, but not significance. This will likely happen when a link is already very close to the LOS D capacity with the E+C trips. Mitigation is not recommended;

b. Scenario 2. Project trips exceed the 2% threshold, but adding them to the E+C trips does not exceed the LOS D capacity. This represents significance, but not adversity. Mitigation is not recommended;

c. Scenario 3. Project trips exceed the 2% threshold (significance). The E+C trips do not exceed the LOS D capacity, meaning the link is currently not adverse with existing plus committed trips. However, when project trips are added to the E+C trips, the LOS D capacity is exceeded and the link becomes adverse due to the project trips. Mitigation is recommended;

d. Scenario 4. Project trips exceed the 2% threshold (significance). The E+C trips already exceed the LOS D capacity, meaning the link is already adverse with existing plus committed trips. Mitigation shall be limited to site-specific safety and operational features (such as the provision of turn lanes and/or signalization improvements).

4. Other mitigation circumstances. It is important to emphasize that, since the analysis is predicated upon each link in the roadway network, it may be that certain links in the area of influence are already deficient (LOS E or F) and may only require mitigation to remedy site-specific operational and safety concerns, but at the same time, other links in the area of influence may become deficient as a direct result of additional project trips and, therefore, require additional mitigation improvements.

(c) Town staff shall review the application and present recommendations to the Planning Commission. Staff shall review the traffic impact study and compare it to the results of its own analyses. Based on their review, staff will determine if any additional analysis is required. If the town determines that additional analysis is required, the developer may be requested to revise the application and/or the traffic impact study accordingly. Once town staff has completed their review, they will evaluate the need for mitigation projects to address impacts as a result of the development.

(8) Mitigation projects.

(a) Based on staff's review of the development and recommendations contained in the traffic impact study, town staff may recommend transportation improvements necessary to mitigate identified negative impacts.

1. If improvements are required, town staff can provide a list of roadway segments that were identified as being below LOS D due to the proposed development. The town will enter negotiations with the developer to identify transportation system improvements that mitigate the impact of the proposed development on the identified set of roadway segments.

2. Site-specific mitigation efforts, such as additional turn lanes or storage modifications, may also be required, even though the project may not cause a LOS failure on roadway segments.

(b) On individual roadway links where existing volumes currently exceed the Level of Service D capacity, or on individual roadway links where existing and committed demand volumes exceed the Level of Service D capacity, mitigation improvements shall be limited to remedy site-specific safety and operational concerns.

(c) The provision of all or a portion of mitigation improvements shall be limited to the proportionate share of demand generated by the proposed development. When mitigation embodies improvements identified in the town's current Transportation Capital Improvement Plan, an appropriate credit will be given towards the development project's transportation impact fee.

(d) If town staff and the developer agree on a set of improvements, such agreements will be documented and included in the application package.

1. If an agreement cannot be reached regarding what improvements should be implemented with the development, the developer may request to present the development proposals to the Planning Commission.

2. Town staff will also present their recommendations and findings to the Planning Commission.

(9) Provisions for phasing required improvements. Include a description of how phased improvements will occur during the development process, identifying when specific improvements will be accomplished and the entity responsible for the same.

(10) Graphic illustration of process.

(a) Figure 156.1218-1 illustrates the Transportation Impact Assessment approval process.

(b) The graphic illustrates the anticipated approval timeframe for the transportation impact assessment process.

1. Submittal deadlines for complete transportation impact assessment data forms and impact assessment applications must be met to keep the review process on schedule.

2. Staff review timeframes are predicated upon best estimates, but are tentative and may be extended, based upon such factors as project size, complexity of analysis, and similar factors. The rationale is that the applicant controls the scope of development, and staff must be allowed sufficient time to conduct and review analysis and mitigation alternatives.

(G) Specific impacts on police, fire, recreation, and public services. The impact assessment shall:

(1) Describe how the proposed project will affect basic town services in general;

(2) To the extent possible, relate service provisions to appropriate standards (i.e., personnel, service area, facilities, and equipment) and the relationship to adopted plans (e.g., Recreation Master Plan), if applicable. Examples include such analysis as police officers per 1,000 population, nearest fire station, the necessity for additional garbage trucks to serve the development, and the like; and

(3) Indicate the method of solid waste collection, either public or private, in text, and describe pertinent factors such as aggregated individual receptacles or common collective receptacles. Graphically depict location on Conceptual Plan and address applicable access requirements.

(H) Specific impacts on education. Provide an assessment of impact on the school system, to include projection of school age children in the proposed development by type of school and attendance zone.

(I) Specific impacts on cultural, archeological, and environmental resources.

(1) Describe the impact of the proposed development on relevant cultural, archeological, and environmental resources, particularly as it relates to displacement or alteration of the same as a result of drainage improvements and land disturbance for development.

(2) Indicate proposed tree removal on Conceptual Plan.

(J) Fiscal/economic considerations.

(1) Provide an analysis of the estimated average annual ad valorem tax yield from the proposed project during each phase of development. Indicate assumptions and standards utilized, including but not limited to, assessed value, exemptions, millage rate, and the like.

(2) Provide an analysis of the estimated cost for the town to serve the proposed development. Staff may develop a process and/or calculation method that applicants must use.

(3) Provide totals for other applicable fees, such as impact fees, permit fees, and plan review fees.

(K) Housing. Provide a breakdown of the proposed residential units, by price or rental range; and the type of unit, such as detached house, duplex, townhouse, and the like; and assess the potential of the proposed development to meet local housing needs.

(L) Infrastructure. For impact assessments involving new residential subdivisions that are subject to the preliminary and final plat process, the application must include a master drainage plan, a master sanitary sewer plan, and a master potable water distribution plan (see § 155.029)

(M) Letters of coordination. Based upon the necessity of addressing particular concerns of a given project, letters of coordination from various town departments, agencies, or other entities referenced herein may be required to adequately assess specific impacts. This determination will be made by PLAN staff at the pre-application meeting.

(Ord. passed 1-14-25)

§ 156.1219 COMPLETENESS.

(A) The PLAN Director shall review the impact assessment application and all supporting data for accuracy, verification, and completeness. Toward this end, they may conduct field investigations and “in-house” studies, including verification of pertinent material by independent consultants, if deemed appropriate.

(B) Upon a finding that the required data and information are complete, accurate, and in proper form, the PLAN Director shall refer the assessment for further consideration by the Planning Commission and the Town Council.

(C) If the PLAN Director finds the impact assessment is incomplete with respect to data and information requirements or that the data and information submitted contains significant errors of fact, they shall return the Assessment to the applicant with an itemized statement of the deficiencies and/or inaccuracies to be corrected.

(Ord. passed 1-14-25)

§ 156.1220 NOTICE.

Notice is not required for an impact assessment application.

(Ord. passed 1-14-25)

§ 156.1221 DECISION.

(A) Planning Commission. The Planning Commission shall consider the request and provide a recommendation for approval, approval with conditions, or disapproval of the proposed impact assessment.

(B) Town Council. The Town Council shall consider the request and approve, approve with conditions, or disapprove the proposed impact assessment.

(Ord. passed 1-14-25)

§ 156.1222 REVIEW CRITERIA.

(A) Acceptable impact.

(1) The finding of an acceptable impact is a prerequisite to approval of an impact assessment.

(2) This finding shall be noted on the approved Conceptual Plan.

(B) Unacceptable negative impact.

(1) Where negative impacts are identified, the Town Council shall, upon the report and recommendation of the Planning Commission, determine whether, given the goals of the Comprehensive Plan, these impacts are acceptable and in the public interest.

(2) The Council may request the developer mitigate negative impacts that are deemed to be unacceptable.

(3) If satisfactory mitigation cannot be achieved, the town may disapprove the impact assessment application as submitted.

(Ord. passed 1-14-25)

§ 156.1223 SCOPE OF APPROVAL.

(A) Generally. Approval of an impact assessment enables an applicant to proceed with any other application required by this chapter, Chapter 155, or other chapters of the Town Code for the proposed development, including special exception use permit applications and zoning permit applications.

(B) Development approvals and construction/denial. Development approvals and construction shall be in accordance with division (C) below, and the following:

(1) Once Town Council approves the impact assessment, the developer will follow established town development procedures for construction projects, including obtaining permits.

(2) Development approvals may be contingent upon the developer making certain transportation improvements.

(a) In order to obtain a building permit, the developer may post a financial guarantee suitable to the town, in an amount of one and one half times the amount of the cost of construction of the improvements.

(b) The certificate of occupancy may be withheld until all contingent transportation improvements are completed.

(1) Vested rights. Approved impact assessments are vested for a period of two years, subject to the rights and restrictions contained within this title. Should the property owner fail to exercise these provisions or allow the vested right to otherwise lapse, the following provisions may apply.

(2) Residential developments. Approval of an impact assessment for residential construction shall become null and void if site work predicated upon an approved preliminary plat has not commenced within the two-year timeframe, or if the preliminary plat approval authorizing the installation of improvements becomes void pursuant to division (E) below.

(3) Non-residential and multiplex developments. Approval of an impact assessment for commercial, mixed use, or multiplex development shall become null and void if a building permit predicated upon an approved site plan has not been issued within the two-year timeframe. The issuance of a building permit, in and of itself, shall not be deemed to fulfill the time limitation requirement, but must be followed by construction progressing in a timely manner toward project completion.

(4) Relationship to valid wetlands disturbance permit. Notwithstanding the provisions of divisions (C)(2) and (C)(3) above, if a valid wetlands disturbance permit that has been filed with the proper authorities, pursuant to and at the approximate same time as impact assessment approval, is pending a final decision, the time limitation shall be tolled until the final decision has been rendered.

(5) Lapse in construction. If construction improvements lapse for a consecutive period of six months or more from the initial date of commencement, the PLAN Director may require an update of the impact assessment. The duration of a lapse in construction improvements shall be determined by the PLAN Director.

(Ord. passed 1-14-25)

§ 156.1224 REAPPLICATION.

There is no time limit on resubmitting a withdrawn or disapproved impact assessment application.

(Ord. passed 1-14-25)

§ 156.1225 APPEALS.

This chapter does not authorize new rights to an appeal from or remedies for adverse decisions by the Town Council, but interested parties may pursue existing remedies from the Circuit Court.

(Ord. passed 1-14-25)

§ 156.1226 RECORDKEEPING.

The PLAN Director shall maintain a record of all impact assessment applications and related materials.

(Ord. passed 1-14-25)

§ 156.1230 PURPOSE.

The technical review and code compliance process ensures certain types of applications meet applicable regulations prior to the decision-making body’s review of and action on the application. This streamlines the review process and helps ensure timely and accurate review for all applicants.

(Ord. passed 1-14-25)

§ 156.1231 APPLICABILITY.

Technical review and code compliance (TRCC) is required for:

(A) Design review applications, including applications for minor projects as defined in § 156.1247(C);

(B) Sketch plan applications (see § 155.021); and

(Ord. passed 1-14-25)

§ 156.1232 INITIATION.

(A) A pre-application meeting, used to assess the feasibility of a proposed project, is highly encouraged but not required.

(B) The TRCC process is triggered upon submittal of a complete design review or sketch plan application. For town projects, the department project manager initiates the TRCC process.

(Ord. passed 1-14-25)

§ 156.1233 COMPLETENESS.

See § 156.1080.

(Ord. passed 1-14-25)

§ 156.1234 NOTICE.

Notice is not required for a TRCC application.

(Ord. passed 1-14-25)

§ 156.1235 DECISION.

(A) The Development Review Team (see Subchapter J, Part 2, Subpart 2.3) will establish a process(es) and timeline(s) for its review of all applications subject to this part.

(B) As part of its review process, the Development Review Team (DRT) provides comments to applicants and may require changes to submitted applications and plans to ensure compliance with applicable regulations.

(C) The TRCC review process does not result in a decision. After the applicant successfully addresses the DRT’s comments, the DRT forwards the complete application to the Design Review Board or Planning Commission, as applicable, for review and action. Comments are considered “successfully addressed” based upon written confirmation by the TRCC Program Manager.

(Ord. passed 1-14-25)

§ 156.1236 REVIEW CRITERIA.

The DRT ensures applications comply with all regulations applicable to the proposed development, including:

(A) Chapter 51;

(B) Chapter 76;

(D) Chapter 153;

(E) Chapter 155;

(F) Chapter 156;

(G) Chapter 158;

(H) International Building Code, Chapter 11: Accessibility;

(I) International Fire Code, Appendix D: Fire Apparatus Access Roads; and

(J) SCDOT Access and Roadside Management Standards Manual.

(Ord. passed 1-14-25)

§ 156.1237 SCOPE OF APPROVAL.

(A) Following its compliance review, the DRT forwards complete applications to the Design Review Board or Planning Commission, as applicable. The DRT does not forward an application unless it fully complies with minimum Code requirements.

(B) The TRCC and DRT do not approve or disapprove applications or development plans. As such, the TRCC review process does not confer vested rights for any application.

(Ord. passed 1-14-25)

§ 156.1238 REAPPLICATION.

Reapplication is subject to the time limits specified for the applicable application type.

(Ord. passed 1-14-25)

§ 156.1239 APPEALS.

The TRCC procedure does not result in a decision; therefore, there is no appeal process.

(Ord. passed 1-14-25)

§ 156.1240 RECORDKEEPING.

The TRCC Program Manager maintains a record of all applications submitted for TRCC review and the status of each application.

(Ord. passed 1-14-25)

§ 156.1245 PURPOSE.

This part describes how to obtain approval for building and site design for certain types of new construction and for improvements to certain types of existing structures and sites.

(Ord. passed 1-14-25)

§ 156.1246 APPLICABILITY.

(A) Generally. Design review is required for:

(1) All land uses and zoning districts subject to Subchapter H; and

(2) Site improvements and building exteriors, but not for building interiors.

(B) Activities requiring design review. Design review approval is required prior to undertaking the following activities:

(1) New construction. Construction of new buildings and structures (including walls, fences, light fixtures, steps and pavement, or other appurtenant features), above-ground utility structures, and any type of outdoor signs;

(2) Alteration, restoration, or relocation. Alteration of, addition to, or relocation of existing buildings and structures (including walls, fences, light fixtures, steps and pavement, or other appurtenant features), above-ground utility structure, or any type of outdoor sign;

(3) Landscaping. Landscaping for new construction sites and for existing developed sites, including the alteration of existing landscaping;

(4) Construction on public property. Private construction of porches, steps, posts, fences, walks, walls, landscaping, or other improvements on public property, which also requires an encroachment permit from the property owner.

(1) Nothing in this part prevents the ordinary maintenance or repair of any exterior architectural feature that does not involve a change in its design, material, color, or outer appearance.

(2) Nothing in this part prevents the construction, reconstruction, alteration, restoration, or demolition of any feature the Building Official or similar official certifies is required for public safety because of an unsafe or dangerous condition.

(D) Design review process for properties zoned ED, Economic Development District.

(1) At the applicant's choosing, either Department of Planning, Land Use, and Neighborhoods staff or the Design Review Board (DRB) will review a proposed development located on a lot(s) zoned ED, Economic Development District.

(2) This includes lots zoned for Economic Development use within a Planned Development District; provided, however, that the choice of review process is only available for the economic development use as specified in the use table when other permitted uses are also allowed on the parcel.

(Ord. passed 1-14-25)

§ 156.1247 INITIATION.

(A) Applicant eligibility. A design review application may be initiated by:

(1) The property owner or tenant of the subject property; or

(2) An agent of the property owner or tenant of the subject property.

(B) Application requirements.

(1) A design review application is filed with the PLAN Department on or before the DRB application deadline specified on the annual meeting schedule. Applications may be filed electronically or in-person.

(2) Submitting a complete design review application triggers the technical review and code compliance and process (see Subchapter I, Part 11).

(1) Applicants may request review and approval of minor projects by Department of Planning, Land Use, and Neighborhoods staff by including a written request attached to the application.

(2) The written request shall include confirmation from the applicant that the proposed project construction cost, excluding improvements or renovations to building interiors, does not exceed $250,000. The proposed cost shall include all phases of the proposed project.

(3) The determination of whether a project is minor and that the written confirmation of project cost is reasonable is within the discretion of the Zoning Administrator. The Zoning Administrator may consult with the Building Official for projects involving building improvements.

(Ord. passed 1-14-25)

§ 156.1248 COMPLETENESS.

(A) See § 156.1080.

(B) In addition, design review applications, which require review through the TRCC procedure (see Subchapter I, Part 11), are not considered complete until all TRCC Team comments are addressed.

(Ord. passed 1-14-25)

§ 156.1249 NOTICE.

Notice is not required for a design review application.

(Ord. passed 1-14-25)

§ 156.1250 DECISION.

(A) Minor projects.

(1) The DRB Secretary shall approve or disapprove applications for minor projects, as defined in § 156.1247(C).

(2) The DRB Secretary shall forward a minor project application to the DRB for review and action if the application proposes to modify one or more of the design standards specified in Subchapter H, Part 2.

(3) The DRB Secretary may forward a minor project application to the DRB for review and action if the proposed project:

(a) Is located along a major street;

(b) Is located adjacent to or across a street from a residential zoning district or use;

(c) Is located on a lot with a maximum height limit 20 feet or greater than that of an adjacent lot or a lot across a street; or

(d) Includes fuel dispensing, drive-through, and/or drive-in facilities.

(B) DRB review and action.

(1) Generally. The DRB shall approve, approve with conditions, or disapprove the application.

(2) Review process.

(a) The design review process may include conceptual, preliminary, and/or final plan reviews.

(b) DRB approval of the conceptual and/or preliminary plan does not guarantee approval of the final plan.

(3) Modification of design standards. The DRB may modify the design standards in Subchapter H, Parts 2 and 3 as deemed appropriate for the particular project in consideration of its individual circumstances.

(4) Projects approved with conditions. For projects approved with conditions, the DRB may direct the DRB Secretary to conduct a final review of the plans in order to ensure compliance with the conditions of approval.

(Ord. passed 1-14-25)

§ 156.1251 REVIEW CRITERIA.

The DRB or the DRB Secretary, as applicable, shall act on a design review application based upon the standards in Subchapter H and other applicable provisions of the Zoning Code, in addition to the following criteria:

(A) Ease of pedestrian access between proposed developments and adjacent developments is considered in the proposed development's site and circulation plans;

(B) The architecture, landscaping, and building siting works in concert to create a unified appearance that contributes to the existing/developing streetscape;

(C) The proposed development avoids excessive or unsightly grading, indiscriminate earth moving or clearing, and removal of trees and vegetation that could cause disruption of natural water courses or disfiguration of natural land forms;

(D) The proposed development is located and configured in a visually harmonious manner with the terrain and vegetation of the subject parcel and with that of surrounding parcels; and

(E) When a proposed development includes multiple phases, the application includes a phasing plan that demonstrates how future phases will connect and relate to the current phase.

(Ord. passed 1-14-25)

§ 156.1252 SCOPE OF APPROVAL.

(A) Approval of a design review application authorizes the applicant to undertake the work specified in the approved plans once a building permit is issued for the same.

(B) Design review approvals are vested for a period of two years, subject to the rights and restrictions contained within this title.

(C) Routine repairs and maintenance may be made to a structure approved for construction through the design review process, as required to preserve it in sound condition. Any proposed changes to the structure as approved through the design review process shall be presented to the DRB Secretary for determination whether a new application is required.

(Ord. passed 1-14-25)

§ 156.1253 REAPPLICATION.

There is no time limit on refiling a withdrawn or disapproved design review application.

(Ord. passed 1-14-25)

§ 156.1254 APPEALS.

(A) Appeal of DRB decision. Any aggrieved party may appeal a decision of the Design Review Board to the circuit court, pursuant to the provisions of S.C. Code §§ 6-29-900 et seq.

(B) Appeal of administrative decision.

(1) Any person aggrieved (or any officer, department, board, or bureau of the Town of Mount Pleasant) may appeal to the DRB from actions of the Zoning Administrator or other administrative official in matters within the jurisdiction of the Board pursuant to S.C. Code §§ 6-29-880 and 6-29-890.

(2) The appeal must be filed within 30 days after the affected party receives actual notice of the decision, by filing with the officer from whom the appeal is taken and with the DRB notice of appeal specifying the grounds of the appeal.

(Ord. passed 1-14-25)

§ 156.1255 RECORDKEEPING.

(A) The DRB Recording Secretary will keep minutes of the DRB’s proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating the fact.

(B) All records of the DRB’s actions are filed in the PLAN Department office as a public record.

(Ord. passed 1-14-25)

§ 156.1260 PURPOSE.

This part describes how to obtain approval for improvements to structures and sites located in the Old Village Historic District.

(Ord. passed 1-14-25)

§ 156.1261 APPLICABILITY.

(A) Activities requiring a certificate of appropriateness. Unless otherwise stated within the Old Village Historic District Guidelines, a certificate of appropriateness (COA) is required prior to:

(1) Partial or total demolition (including demolition by neglect);

(2) Exterior alteration or addition;

(3) New construction;

(4) Site alteration;

(5) Installation of hardscaping, including walkways, driveways, and patios;

(6) Installation of fences, walls, and docks; and

(7) The moving of any building into, out of, or within the historic district.

(B) Requirements of municipal and publicly regulated utilities.

(1) The town and all publicly regulated utility companies are required to go before the Historic District Preservation Commission (HDPC) in accordance with this part; Subchapter B, Part 4, Subpart 4.3; Subchapter J, Part 3, Subpart 3.5; and the HDPC Rules of Procedure, prior to initiating any changes in the character of street paving, sidewalks, trees, utility installations (excluding traffic-control devices), lighting, walls, fences, structures and buildings on property, easements, or widening or constricting of streets owned or franchised by the town or public utility companies.

(2) Nothing in this chapter prevents municipal or publicly regulated utilities from the orderly maintenance of their systems or the services they provide.

(1) In the event of a natural disaster or when state of emergency is declared, the HDPC or HDPC Secretary may authorize temporary disaster-related repairs in order to weatherproof or stabilize a damaged building/structure (waiver shall not relieve the applicant/property owner of making permanent repairs that meet the established guidelines).

(2) The immediate restoration or maintenance of any existing above-ground utility structure is hereby authorized as long as repair results in no exterior change from the appearance before the disaster or state of emergency.

(3) The HDPC may waive all application deadline and notification requirements pertaining to disaster-related repairs.

(Ord. passed 1-14-25)

§ 156.1262 INITIATION.

(A) Applicant eligibility. A COA application may be initiated by:

(1) The property owner of the subject property; or

(2) An agent of the property owner of the subject property.

(B) Pre-application meeting required. Prior to acceptance of a COA application, a pre-application meeting is required with the HDPC Secretary (see § 156.1079).

(1) Prior to final approval for a COA, applicants may, but are not required to, request a preliminary review by the HDPC. Preliminary review requests may be appropriate for new construction or complex or large scale projects, or projects involving major work to historic properties.

(2) Preliminary reviews do not result in approval or disapproval of the application, and do not create a vested right.

(3) Preliminary reviews do not require the same level of detail as a COA application, and are designed to establish the intent and scope of the proposed project and to review any plans provided. The HDPC may provide the applicant with comments regarding the request and any items that need to be addressed prior to a submittal for final COA approval.

(D) Application requirements. A COA application is filed with the PLAN Department on or before the HDPC application deadline specified on the annual meeting schedule. Applications may be filed electronically.

(Ord. passed 1-14-25)

§ 156.1263 COMPLETENESS.

See § 156.1080.

(Ord. passed 1-14-25)

§ 156.1264 NOTICE.

The notice specified in Table 156.1264-1 is required for a COA, except that minor work applications subject to review by the HDPC Secretary do not require public notice.

Table 156.1264-1: Required Notice for Certificates of Appropriateness
Key: N/A = not applicable
Type	Required	To Whom	When
Mail	N/A	N/A	N/A
Posted	Yes	General public	At least 2 weeks prior to public hearing
Publicatio n	N/A	N/A	N/A

(Ord. passed 1-14-25)

§ 156.1265 DECISION.

(A) Minor work reviewed by staff.

(1) An application consisting entirely of minor work may be reviewed and approved or disapproved by the HDPC Secretary.

(2) A list of work items designated by the HDPC as minor work is available from the HDPC Secretary. The list may be changed or updated as necessary by a majority of the HDPC.

(3) The HDPC Secretary shall review all minor work applications within ten business days of receipt of a complete application.

(4) At each regularly scheduled meeting, the HDPC Secretary shall provide a report of all staff-level approvals granted within the month.

(B) HDPC review and action.

(1) The HDPC will review and approve, approve with conditions, or disapprove a COA application.

(2) The COA process may include conceptual, preliminary, and/or final plan reviews. HDPC approval of the conceptual and/or preliminary plan does not guarantee approval of the final plan. An approval of the final plan, but not the conceptual or preliminary plans, results in a vested right.

(3) The HDPC will take final action upon a complete and fully documented COA application within a reasonable amount of time.

(4) The HDPC may postpone the issuance of a COA for demolition for 90 days in order to find an alternative to the demolition or to find an entity willing to save the building or salvage architectural materials.

(5) When the HDPC approves a COA application subject to conditions, the HDPC Secretary shall verify the applicant has met the conditions prior to issuance of a certificate of occupancy.

(1) Circumstances. A property owner may apply for an exemption based on the substantial hardship of maintaining the property according to the design guidelines. Substantial hardship shall be considered by the HDPC where one or more of the following unusual and compelling circumstances exist:

(a) The property cannot reasonably be maintained in the manner dictated by the design guidelines due to economic constraints;

(b) There are no other reasonable means of saving the property from deterioration or collapse; or

(c) The property is owned by a nonprofit organization and it is not feasible, financially or physically, to achieve the charitable purposes of the organization while appropriately maintaining the property.

(2) Evidence. If the property owner wishes to make a claim of substantial economic hardship (as defined herein) owing to the effects of this chapter, the property owner must submit evidence describing the circumstances of hardship. Evidence may include:

(a) Nature of ownership (individual, business, or nonprofit) or legal possession, custody, and control;

(b) Financial resources of the owner and/or parties in interest (such as tax returns for the past two years);

(d) Assessed value of the land and improvements;

(e) Real estate taxes for the past two years;

(f) Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship between the owner and the person from whom the property was purchased, or other means of acquisition of title, such as by gift or inheritance;

(g) Annual debt service, if any, for previous two years;

(h) Any listing of the property for sale or rent, price asked, and offers received, if any;

(i) Annual gross income from the property for the previous two years (if the property is income-producing);

(j) Itemized operating and maintenance expenses for the previous two years, including proof that adequate and competent management procedures were followed (if the property is income-producing); and

(k) Annual cash flow, if any, for the previous two years (if the property is income-producing).

(3) In the event the HDPC finds substantial economic hardship in meeting the guidelines, the finding shall be accompanied by a recommended plan to relieve the economic hardship. This plan may include loans or grants from public, private, or nonprofit sources, acquisition by purchase or eminent domain, or relaxation of the provisions of this chapter sufficient to mitigate substantial economic hardship.

(Ord. passed 1-14-25)

§ 156.1266 REVIEW CRITERIA.

(A) Generally.

(1) The Historic District Preservation Commission or the HDPC Secretary, as applicable, shall approve or disapprove a COA application based upon the specific criteria in Subchapter B, Part 4, Subpart 4.3 and the Old Village Historic District Guidelines.

(2) The HDPC, or HDPC Secretary in the case of minor work, shall not consider:

(a) The use of the building;

(b) The interior of the building; or

(3) The HDPC, or HDPC Secretary in the case of minor work, shall not impose conditions on an application except to prevent developments that are not in harmony with the prevailing character of the streetscape or the district in general, or are obviously incongruous with the character, integrity, or style of a building or site.

(B) Disapproval of a COA application.

(1) A COA application shall be disapproved if the demolition or partial demolition, alterations and/or additions to existing structures, erection of new structures, alteration of site, or other factors listed within are considered in violation of the specific criteria in Subchapter B, Part 4, Subpart 4.3 or the Old Village Historic District Guidelines, as applicable.

(2) Reasons for disapproval of an application shall be clearly listed in the motion to disapprove the COA. The motion shall cite the exact section(s) of the ordinance or design review guidelines the application violates.

(3) In the case of staff disapproval, staff shall provide a written explanation citing the exact section(s) of the ordinance or design review guidelines the application violates.

(C) Demolition. Permits for full demolition without replacement are only allowed for accessory structures and are allowed for primary structures. The HDPC shall review all requests for demolition based on the following criteria:

(1) Historic buildings and structures. Historic properties comprised of buildings and structures designated through nomination by inclusion in a survey or survey update, or by individual nomination, shall be afforded the highest degree of preservation. Demolition may only be allowed if one or more of the following conditions are met, with the burden of proof falling upon the applicant:

(a) Where the public safety and welfare requires the removal of the building;

(b) If the building or structure cannot be economically rehabilitated on the site to provide a reasonable income or residential environment compared to other structures in the general area; or

(2) Buildings and structures lacking historic designation status. In the case of buildings or structures lacking historic property designation, the HDPC may, at its discretion, first make a determination that the building or structure is worthy of individual designation as an historic property pursuant to the provisions of § 156.1477(B). If no such determination is made, demolition may then be allowed if one or more of the following conditions are met, with the burden of proof falling upon the applicant:

(a) Where the public safety and welfare requires the removal of the building;

(b) The structure cannot be economically rehabilitated on the site to provide a reasonable income or residential environment compared to other structures in the general area;

(d) Where the proposed new development is more compatible with the surrounding area, considering such factors as location and exterior design.

(3) Accessory buildings and structures. In the case of accessory buildings and structures, demolition shall be allowed if one of the following conditions is met, with the burden of proof falling upon the applicant:

(a) Where the building or structure is determined not to have any historical significance; or

(b) Where the public safety and welfare requires the removal of the building or structure.

(Ord. passed 1-14-25)

§ 156.1267 SCOPE OF APPROVAL.

(A) Generally. Approval of a COA application authorizes the applicant to undertake the work specified in the COA once a building permit is issued for the same.

(B) What COA does not authorize.

(1) The COA does not approve tree protection zone modification, removal, relocation, or replacement. Tree protection zone modification, removal, relocation, or replacement are granted by the appropriate staff or board as stated in §§ 156.1476 and 156.1477.

(2) The COA does not approve stormwater and drainage management plans. Stormwater and drainage management plans are reviewed by the appropriate staff pursuant to Chapter 152.

(1) Where full demolition requests were granted as a result of new construction plans or where the applicant intends to request new construction plans in the future, the permit for demolition shall not be issued until new construction plans have been approved by the HDPC and submitted for a building permit.

(2) During demolition, nearby sites, structures, and, in the case of partial demolitions, connecting structures, shall be protected. After demolition, the site shall be cleared and cleaned.

(D) Validity. The COA is valid for a period of two years from the date of approval by the HDPC or HDPC Secretary, as applicable, and thereafter for the time prescribed by this title.

(1) At any time during the two-year period, or any subsequent vested rights extensions, the Building Official may grant a building permit to the applicant.

(2) Should the COA expire at any time prior to the application for a building permit, a building permit shall not be issued until the applicant provides a current COA.

(Ord. passed 1-14-25)

§ 156.1268 REAPPLICATION.

(A) There is no time limit on resubmitting a withdrawn COA application.

(B) If a COA application is disapproved, a new application affecting the same property may be submitted only if substantial change is made in the plans for the proposed work.

(Ord. passed 1-14-25)

§ 156.1269 APPEALS.

(A) Appeal of HDPC decision. Any aggrieved party may appeal a decision of the HDPC to the Courts of South Carolina pursuant to S.C. Code §§ 6-29-900 et seq.

(B) Appeal of administrative decision.

(1) Any person aggrieved (or any officer, department, board, or bureau of the local government) may appeal to the HDPC from actions of the Zoning Administrator, or other administrative official, in matters within the jurisdiction of the Board pursuant to S.C. Code §§ 6-29-880 and 6-29-890.

(2) The appeal must be filed within 30 days after the affected party receives actual notice of the decision, by filing with the officer from whom the appeal is taken and with the HDPC notice of appeal specifying the grounds of the appeal.

(Ord. passed 1-14-25)

§ 156.1270 RECORDKEEPING.

(A) Generally. The HDPC Secretary shall maintain a record of all COA applications and related materials.

(B) Approved COA applications.

(1) The COA is a standardized form signed by the HDPC Secretary. The COA states the specific changes that will result from the proposed work for which the application has been made, and shall state that those changes are approved by the HDPC or HDPC Secretary, in the case of minor work.

(2) The HDPC Secretary shall provide the COA and draft minutes of the hearing of the application to the applicant within ten days of approval of the plans.

(C) Disapproved COA applications. The HDPC Secretary shall mail or email the draft minutes of the hearing of the application to the applicant within 20 business days of disapproval of the COA application.

(Ord. passed 1-14-25)

§ 156.1275 PURPOSE.

The purpose of this procedure is to prevent demolition of buildings in the historic district(s) through neglect of the property.

(Ord. passed 1-14-25)

§ 156.1276 APPLICABILITY.

(A) This part applies when five or more residents or property owners in an historic district believe a building located within the historic district is effectively being demolished by means of neglect and bring forward a petition to the Historic District Preservation Commission (HDPC), with the goal to bring the building into compliance with current historic district design guidelines.

(B) Nothing in this part diminishes the town's power to declare a building unsafe or in violation of the minimum housing code.

(Ord. passed 1-14-25)

§ 156.1277 INITIATION.

(A) All charges of demolition by neglect are initiated by a petition signed by five residents or property owners in the historic district in which the subject building is located.

(B) Residents or property owners residing at the same address count only once toward the total number of signatures.

(Ord. passed 1-14-25)

§ 156.1278 COMPLETENESS.

Petitions for a finding of demolition by neglect must include:

(A) A written description and photographic evidence of said neglect; and

(B) A summary of the detrimental effect upon the character of the historic district as a whole or the life and character of the property itself.

(Ord. passed 1-14-25)

§ 156.1279 NOTICE.

The notice specified in Table 156.1279-1 is required for a petition for demolition by neglect.

Table 156.1279-1: Required Notice for a Petition for Demolition by Neglect
Key: N/A = not applicable
Type	Required	To Whom	When
Mail	Yes	Property owner	30 to 45 days prior to the public hearing
Posted	No	N/A	N/A
Publicatio n	No	N/A	N/A

(Ord. passed 1-14-25)

§ 156.1280 DECISION.

(A) Generally. The HDPC shall consider the petition and other evidence at a public hearing, and render a decision as to whether the building is being demolished by means of neglect.

(B) Substantial economic hardship.

(1) If the property owner wishes to make a claim of substantial economic hardship, they must submit evidence describing the circumstances of hardship. Evidence may include the items listed in § 156.1265(C)(2).

(2) In the event the HDPC finds substantial economic hardship, the finding shall be accompanied by a recommended plan to relieve the economic hardship. This plan may include loans or grants from public, private, or nonprofit sources, acquisition by purchase or eminent domain, or relaxation of the provisions of this chapter sufficient to mitigate substantial economic hardship.

(Ord. passed 1-14-25)

§ 156.1281 REVIEW CRITERIA.

The HDPC may declare a building to be in a condition of demolition by neglect if one or more of the following conditions exist:

(A) Any fault, defect, or condition in the building that renders it structurally unsafe or not properly watertight;

(B) Building components that may fall and injure the public;

(C) Defective or deteriorated floor supports, walls, ceiling, roofs, chimneys, or vertical or horizontal supports that split, lean, list, buckle, sag, or split; or

(D) Deteriorated or inadequate foundation.

(Ord. passed 1-14-25)

§ 156.1282 SCOPE OF APPROVAL.

(A) If, pursuant to the hearing, the HDPC finds that a building within the limits of the historic district is being demolished by means of neglect, the HDPC shall contact the property owner to instruct them to bring the building into compliance with the current historic district regulations and design guidelines.

(B) If the property owner does not respond, apply for a certificate of appropriateness, or initiate repair not requiring a COA within 90 days of the HDPC's issuance of notification, the HDPC shall report to the Zoning Administrator that the building is in violation of the design guidelines, providing their findings for such violation(s). The Zoning Administrator may then take appropriate enforcement action.

(Ord. passed 1-14-25)

§ 156.1283 REAPPLICATION.

If the HDPC does not approve the petition for a finding of demolition by neglect, it shall not hear a petition concerning the same building for at least 12 months from the date of the decision.

(Ord. passed 1-14-25)

§ 156.1284 APPEALS.

Any aggrieved party may appeal a decision of the Commission to the courts of South Carolina pursuant to S.C. Code §§ 6-29-900 et seq.

(Ord. passed 1-14-25)

§ 156.1285 RECORDKEEPING.

The Zoning Administrator shall maintain a record of all petitions for demolition by neglect and related materials.

(Ord. passed 1-14-25)

§ 156.1290 PURPOSE.

This part establishes a procedure to avoid unnecessary hardships that could result from a strict application of this chapter.

(Ord. passed 1-14-25)

§ 156.1291 APPLICABILITY.

This part applies to an application for a variance. An applicant shall obtain variance approval to construct, develop, or make a material change in any lot, building, or structure that does not comply with the standards of this chapter.

(Ord. passed 1-14-25)

§ 156.1292 INITIATION.

(A) Applicant eligibility. A variance application may be initiated by:

(1) The property owner or tenant of the subject property; or

(2) An agent of the property owner or tenant of the subject property.

(B) Pre-application meeting. A pre-application meeting is required (see § 156.1079).

(1) A variance application is filed with the PLAN Department on or before the Board of Zoning Appeals application deadline specified on the annual meeting schedule. Applications may be filed electronically or in-person.

(2) A conceptual site plan with adequate detail of features such as building layout, setbacks, easements, parking, circulation systems, and buffers must be submitted in conjunction with the special exception permit application. An application filed without an adequate conceptual site plan is considered incomplete.

(D) Effect on other proceedings. A variance application that would correct a zoning violation stays all legal proceedings by the town on the zoning violation, unless the Zoning Administrator certifies to the Board of Zoning Appeals, after the variance application has been filed, that a stay would cause an imminent peril to life and property. In cases where there is an imminent peril to life and property, proceedings will not be stayed unless a restraining order is granted by the Board or by a court of record on application.

(E) Consideration for Planning Commission and Town Council procedures. As a matter of process and procedure, proposed developments involving variance applications that also require separate review by the Planning Commission and/or separate Town Council approval, shall not be considered by the Board of Zoning Appeals until the referenced review and/or approval is completed.

(Ord. passed 1-14-25)

§ 156.1293 COMPLETENESS.

See § 156.1080.

(Ord. passed 1-14-25)

§ 156.1294 NOTICE.

(A) The notice specified in Table 156.1294-1 is required for a variance application.

(B) If the Board remands a variance application to the Zoning Administrator for further review, the Board may set a hearing without further public notice for a time certain within 60 days unless otherwise agreed to by the parties. The Board must maintain a list of persons who express an interest in being informed when the remanded matter is set for rehearing, and notice of the rehearing must be mailed to these persons before the rehearing.

Table 156.1294-1: Required Notice for Variance Applications
Key: N/A = not applicable
Type	Required	To Whom	When
Mail	Yes	Parties in interest	Due notice
Posted	Yes	General public	Prior to public hearing
Publication	Yes	General public	At least 15 days prior to public hearing

(Ord. passed 1-14-25)

§ 156.1295 DECISION.

(A) The Board of Zoning Appeals will hear all applications for variances and will render a decision in each matter.

(B) The Board will hear a variance request within 60 days of the date the application is deemed complete.

(D) The burden of proof for the relief sought is upon the applicant.

(E) Based on the hearing and probable impact of the proposed use on surrounding uses and conditions, the Board may approve, approve with conditions, or disapprove the request. The Board may approve a variance application subject to conditions regarding the location, character, or other features of the proposed building, structure, or use as the Board may consider advisable to protect established property values in the surrounding area or to promote the public health, safety, or general welfare.

(F) On its own motion or the motion of a party, the Board may remand a variance application to the Zoning Administrator if the Board determines the record is insufficient for review. Variance applications that are remanded must be rescheduled for hearing within 60 days unless the parties agree on an extension.

(G) The Board will issue a written decision within 45 days of the final hearing on the matter.

(H) All final decisions or orders of the Board will be delivered to parties-in-interest by certified mail.

(Ord. passed 1-14-25)

§ 156.1296 REVIEW CRITERIA.

(A) The Board may grant a variance in an individual case of unnecessary hardship, if the Board makes and explains, in writing, all of the following findings:

(1) There are extraordinary and exceptional conditions pertaining to the particular piece of property;

(2) These conditions do not generally apply to other property in the vicinity;

(3) Because of these conditions, the application of the code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property; and

(4) 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.

(B) The Board shall not grant a variance, the effect of which would be to:

(1) Allow the establishment of a use not otherwise permitted in a zoning district;

(2) Extend physically a nonconforming use of land; or

(3) Change the zoning district boundaries shown on the Zoning Map.

(C) The fact that property may be utilized more profitably if a variance is granted shall not be considered grounds for a variance.

(Ord. passed 1-14-25)

§ 156.1297 SCOPE OF APPROVAL.

(A) Generally. An approved variance application does not authorize construction or development. Any construction or development that occurs after approval of a variance application requires zoning permit approval, following approval by the Board of Zoning Appeals.

(B) Approval based on submitted plans.

(1) Unless specifically modified by the Board's approval, relief granted as the result of an appeal shall be in accordance with the specific plans submitted with the application.

(2) Minor changes to the approved plans that do not affect the relief granted may be allowed in order to meet other code requirements, if approved by the Zoning Administrator.

(3) Routine repairs and maintenance may be made to a structure constructed pursuant to relief granted by the Board as required to preserve it in sound condition. Any proposed changes to the structure shall be presented to the Board Secretary for determination whether a new application is required.

(1) In order to complete additional applications and receive the necessary permits for construction, variances are vested for a period of two years, subject to the rights and restrictions contained within this title.

(2) Failure to receive the necessary permits within the prescribed timeframe renders the variance approval void and of no force or effect.

(Ord. passed 1-14-25)

§ 156.1298 REAPPLICATION.

(A) For a period of 12 months, the Board shall not accept a variance application for a matter upon which it has rendered a final decision, except as provided in the Board’s rules of procedure.

(B) Prior to the lapse of the 12-month timeframe and upon a majority vote ascertaining changed facts or circumstances, the Board may accept such a variance application for consideration.

(Ord. passed 1-14-25)

§ 156.1299 APPEALS.

(A) Generally.

(2) A property owner whose land is the subject of a decision of the Board of Zoning Appeals may appeal either:

(a) As provided in § 156.1209(A); or

(Ord. passed 1-14-25)

§ 156.1300 RECORDKEEPING.

(A) The Board will keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating the fact.

(B) The Board will issue a written decision to all parties involved in the matter.

(Ord. passed 1-14-25)

§ 156.1305 PURPOSE.

A Zoning Code interpretation is a written decision issued by the Zoning Administrator regarding the interpretation of any provision set forth in the Zoning Code. It is intended to clarify ambiguities in the Zoning Code and to resolve any ambiguities in future amendments.

(Ord. passed 1-14-25)

§ 156.1306 APPLICABILITY.

This part applies to requests for a decision by the Zoning Administrator to:

(A) Interpret a possible ambiguous standard in this chapter;

(B) Clarify a standard in this chapter;

(D) Clarify standards approved for Planned Development Districts; or

(E) Address the categorization of a land use (“use determination”), building, or structure that is not specifically addressed by this chapter.

(Ord. passed 1-14-25)

§ 156.1307 INITIATION.

(A) Applicant eligibility. Any person may submit a written request for a Zoning Code interpretation to the Zoning Administrator.

(B) Application requirements. A request for a Zoning Code interpretation shall be filed with the PLAN Department. At a minimum, the request for a code interpretation shall be in writing and include:

(1) The section of the Zoning Code, standard, or condition that is allegedly ambiguous or needing clarification;

(2) The subject matter or nature of the request; and

(3) A statement of facts relevant to the nature of the request.

(Ord. passed 1-14-25)

§ 156.1308 COMPLETENESS.

See § 156.1080.

(Ord. passed 1-14-25)

§ 156.1309 NOTICE.

Notice is not required for a Zoning Code interpretation.

(Ord. passed 1-14-25)

§ 156.1310 DECISION.

(A) The Zoning Administrator may approve a request by issuing a written decision regarding the interpretation of any provision set forth in the Zoning Code or standard identified in § 156.1306.

(B) The Zoning Administrator may reject the request through a written response to the applicant explaining why there is no ambiguity or need for the requested clarification.

(Ord. passed 1-14-25)

§ 156.1311 REVIEW CRITERIA.

(A) The Zoning Administrator may approve a request if there is an ambiguity or need for the clarification requested by the applicant.

(B) The Zoning Administrator may disapprove or reject the request if there is no ambiguity or need for the clarification requested by the applicant.

(C) The Zoning Administrator shall render only one interpretation per issue. If an interpretation is requested on an issue previously addressed, the Zoning Administrator shall provide a copy of the previous interpretation.

(Ord. passed 1-14-25)

§ 156.1312 SCOPE OF APPROVAL.

(A) A Zoning Code interpretation becomes effective upon execution by the Zoning Administrator.

(B) A Zoning Code interpretation does not authorize development. Any development that occurs after the Zoning Code interpretation has been issued is subject to all applicable requirements of this chapter, as revised by the interpretation.

(Ord. passed 1-14-25)

§ 156.1313 REAPPLICATION.

An applicant shall not resubmit a Zoning Code interpretation application once the Zoning Administrator has rendered a determination.

(Ord. passed 1-14-25)

§ 156.1314 APPEALS.

The Zoning Administrator’s decision on a Zoning Code interpretation may be appealed to the Board of Zoning Appeals in accordance with Subchapter I, Part 17.

(Ord. passed 1-14-25)

§ 156.1315 RECORDKEEPING.

The Zoning Administrator shall maintain records of all interpretations made under this part.

(Ord. passed 1-14-25)

§ 156.1320 PURPOSE.

This part provides a process for applicants to request the review and correction of decisions by administrative officials that they believe are in error.

(Ord. passed 1-14-25)

§ 156.1321 APPLICABILITY.

(A) This part applies to appeals of an order, requirement, decision, or determination made by the Zoning Administrator or any other administrative official in the enforcement of this chapter, except as provided in divisions (B) and (C) below.

(B) Administrative decisions on design review applications are heard by the Design Review Board in accordance with § 156.1254.

(C) Administrative decisions on COA applications are heard by the Historic District Preservation Commission in accordance with § 156.1269.

(Ord. passed 1-14-25)

§ 156.1322 INITIATION.

(A) Applicant eligibility. An administrative decision appeal application may be initiated by any person aggrieved or by any officer, department, board, or bureau of the Town of Mount Pleasant.

(B) Application requirements.

(1) An administrative decision appeal application must be filed within 30 days from the date the appealing party receives actual notice of the action from which the appeal is taken, by filing with the officer from whom the appeal is taken and with the Board of Zoning Appeals notice of appeal specifying the grounds for appeal.

(2) The officer from whom the appeal is taken immediately shall transmit to the Board all the documents and files constituting the record upon which the action appealed from was taken.

(3) Applications may be filed electronically or in-person.

(C) Effect on other proceedings. An appeal application that would correct a zoning violation stays all legal proceedings by the town on the zoning violation, unless the Zoning Administrator certifies to the Board of Zoning Appeals, after the Appeal application has been filed, that a stay would cause an imminent peril to life and property. In cases where there is an imminent peril to life and property, proceedings will not be stayed unless a restraining order is granted by the Board or by a court of record on application.

(D) Consideration for Planning Commission and Town Council procedures. As a matter of process and procedure, proposed developments involving appeal applications that also require separate review by the Planning Commission and/or separate Town Council approval, shall not be considered by the Board of Zoning Appeals until the referenced review and/or approval is completed.

(Ord. passed 1-14-25)

§ 156.1323 COMPLETENESS.

See § 156.1080.

(Ord. passed 1-14-25)

§ 156.1324 NOTICE.

(A) The notice specified in Table 156.1324-1 is required for appeals of administrative decisions.

(B) If the Board remands an appeal application to the Zoning Administrator for further review, the Board may set a hearing without further public notice for a time certain within 60 days unless otherwise agreed to by the parties. The Board must maintain a list of persons who express an interest in being informed when the remanded matter is set for rehearing, and notice of the rehearing must be mailed to these persons before the rehearing.

Table 156.1324-1: Required Notice for Appeals of Administrative Decisions
Key: N/A = not applicable
Type	Required	To Whom	When
Mail	Yes	Parties in interest	Due notice
Posted	Yes	General public	At least 15 days prior to public hearing
Publication	Yes	General public	At least 15 days prior to public hearing

(Ord. passed 1-14-25)

§ 156.1325 DECISION.

(A) The Board of Zoning Appeals will hear all appeal applications and will render a decision in each matter.

(B) The Board will hear an appeal application within 60 days of the date the application is deemed complete.

(D) The burden of proof for the relief sought is upon the applicant.

(E) On its own motion or the motion of a party, the Board may remand an appeal application to the Zoning Administrator if the Board determines the record is insufficient for review. Appeal applications that are remanded must be rescheduled for hearing within 60 days unless the parties agree on an extension.

(F) The Board will issue a written decision within 45 days of the final hearing on the matter.

(G) All final decisions or orders of the Board will be delivered to parties-in-interest by certified mail.

(Ord. passed 1-14-25)

§ 156.1326 REVIEW CRITERIA.

In considering an appeal of an administrative decision, the Board shall apply the standards of this chapter, other applicable law, and previous interpretations of this chapter by the Board.

(Ord. passed 1-14-25)

§ 156.1327 SCOPE OF APPROVAL.

An approved appeal application does not authorize development. Any development that occurs after the decision on the appeal is subject to all applicable requirements of this chapter, as amended by the Board of Zoning Appeals’ decision, if applicable.

(Ord. passed 1-14-25)

§ 156.1328 REAPPLICATION.

(A) For a period of 12 months, the Board shall not accept an appeal application for a matter upon which it has rendered a final decision, except as provided in the Board’s rules of procedure.

(B) Prior to the lapse of the 12-month timeframe and upon a majority vote ascertaining changed facts or circumstances, the Board may accept such an appeal application for consideration.

(Ord. passed 1-14-25)

§ 156.1329 APPEALS.

(A) Generally.

(2) A property owner whose land is the subject of a decision of the Board of Zoning Appeals may appeal either:

(a) As provided in § 156.1209(A); or

(Ord. passed 1-14-25)

§ 156.1330 RECORDKEEPING.

(A) All final decisions and orders of the Board must be in writing and permanently filed in the office of the Board as a public record.

(B) All findings of fact and conclusions of law must be separately stated in final decisions or orders of the Board, which must be delivered to parties of interest by certified mail.

(Ord. passed 1-14-25)

§ 156.1335 PURPOSE.

This part describes the way the town changes the text of this Zoning Code or the regulations pertaining to an existing Planned Development (PD) District.

(Ord. passed 1-14-25)

§ 156.1336 APPLICABILITY.

This part applies to any proposal to amend the text of this chapter and any proposal to amend the text and/or map of a PD District ordinance. In accordance with S.C. Code § 6-29-740, any request involving changes to an existing PD District ordinance is considered an amendment to this chapter.

(Ord. passed 1-14-25)

§ 156.1337 INITIATION.

(A) Applicant eligibility.

(1) A text amendment application may be initiated by:

(a) The Town Council by adoption of a motion;

(b) The Planning Commission by adoption of a motion; and

(2) The process to amend the text of a Planned Development District ordinance may be initiated by any of the bodies specified in division (A)(1) above, or by any property owner whose property is subject to the provisions of the Planned Development District ordinance.

(B) Application requirements.

(1) A text amendment application is filed with the PLAN Department on or before the Planning Commission application deadline specified on the annual meeting schedule. Applications may be filed electronically or in-person.

(2) Only one text amendment application pertaining to the same subject matter may be considered at a time.

(1) Planned Development District text amendment applications are first submitted for preliminary staff review (see § 156.1081).

(2) Following preliminary staff review, the Planned Development District text amendment application is submitted in accordance with division (B)(1) above.

(Ord. passed 1-14-25)

§ 156.1338 COMPLETENESS.

See § 156.1080.

(Ord. passed 1-14-25)

§ 156.1339 NOTICE.

The notice specified in Table 156.1339-1 is required for a text amendment application.

Table 156.1339-1: Required Notice for Text Amendments
Key: N/A = not applicable
Type	Required	To Whom	When
Mail	No	N/A	N/A
Posted	Yes, for a Planned Development District Ordinance text amendment	General public	At least 15 days prior to public hearing
Publicatio n	Yes	General public	At least 15 days prior to public hearing

(Ord. passed 1-14-25)

§ 156.1340 DECISION.

(A) Planning Commission review and recommendation.

(1) The Planning Commission shall review all text amendment applications and prepare a report and recommendation, stating its findings and its evaluation of the proposed amendment. In making its report, the Commission shall consider the criteria specified in § 156.1341.

(3) If the Commission fails to submit its report to Town Council within the required 30 days, it is deemed to have recommended approval of the proposal.

(B) Town Council decision.

(1) Town Council may amend the Zoning Code through the procedures specified in Chapter 30 of the Mount Pleasant Code of Ordinances.

(2) Following the recommendation of the Planning Commission, Council shall approve, approve with modifications, or disapprove the proposed amendment. In rendering its decision, Town Council shall consider, but is not bound by, the recommendation of the Planning Commission.

(a) If Town Council feels the circumstances of the case warrant a second public hearing, then it may vote to hold one.

(b) Town Council may defer the matter for further consideration or remand the matter back to its Planning and Development Committee or Planning Commission for further study and recommendation.

(3) No change in or departure from the text amendment as recommended by the Planning Commission may be made pursuant to the hearing unless the change or departure is first submitted to the Planning Commission for review and recommendation.

(4) After a period of six months, if readings of the text amendment application are not finalized, the application becomes null and void, rescinding any Town Council action on the request.

(5) Any further Council action on the same request that has been denied or expires requires a public hearing by the Planning Commission before Town Council acts upon subsequent readings of the amending ordinance.

(1) Withdrawal of a text amendment application prior to the advertisement for its initial public hearing or posting of the property is considered as a termination of the application. Resubmission of applications shall be processed as a new application with prescribed fees and all other requirements met.

(2) A postponement request or withdrawal of a text amendment application that occurs between the time of published advertisement of the public hearing or posting of the property and the public hearing proceedings shall be treated as a request denial. Reapplication is subject to a one-year waiting period, unless granted a waiver by Council, as specified in § 156.1343.

(3) In either case, amendment processing shall terminate upon receipt of written notice from the applicant or owner.

(Ord. passed 1-14-25)

§ 156.1341 REVIEW CRITERIA.

(A) As a matter of policy, Town Council shall not approve a text amendment application, except:

(1) Where necessary to implement the Comprehensive Plan;

(2) To correct an original mistake, a manifest error in the regulations;

(3) To recognize substantial change or changing conditions or circumstances in a particular locality; or

(4) To recognize changes in technology, the style of living, or manner of doing business.

(B) In making its decision, Town Council shall consider the following factors, as applicable:

(1) The relationship of the proposed text amendment application to the Comprehensive Plan and Future Land Use Map;

(2) Whether the request supports or contradicts the Comprehensive Plan;

(3) The relationship of the proposed text amendment to other relevant plans adopted by the town;

(4) Whether the uses allowed by the proposed text amendment would be appropriate in the area concerned;

(6) Whether the proposed text amendment is in accordance with any existing or proposed plans for providing public water supply and sanitary sewers to the area;

(8) Whether the proposed text amendment is consistent with Chapter 155;

(9) Whether the proposed text amendment is consistent with best practices for community planning and design; and

(10) Whether public necessity, safety, or general welfare justifies the text amendment.

(C) When a Planned Development District is located within the boundaries of an overlay district, the PD District text amendment application will be considered in context with the purpose of the overlay district.

(Ord. passed 1-14-25)

§ 156.1342 SCOPE OF APPROVAL.

(A) A text amendment is effective as directed in the ordinance adopting the amendment by Town Council and as provided in Chapter 30 of the Mount Pleasant Code of Ordinances.

(B) Approval of a text amendment does not authorize development. Any development that occurs after the text amendment is adopted is subject to all applicable requirements of this chapter and the Planned Development District ordinance (if applicable), as revised by the text amendment.

(Ord. passed 1-14-25)

§ 156.1343 REAPPLICATION.

(A) Zoning Code text amendments. When Town Council disapproves a Zoning Code text amendment application, the same proposed amendment may not be initiated for a period of 12 months.

(B) Planned Development District text amendments. When Town Council disapproves a Planned Development District text amendment application, the same proposed amendment may not be initiated for the Planned Development District for a period of 12 months, irrespective of change(s) in ownership.

(1) However, after receipt of written petition by the property owner(s) or other body authorized to submit a text amendment application stating how conditions have changed substantially in the community since prior consideration of the text amendment application so as to justify another review, Town Council may, on a case-by-case basis, waive the waiting period requirements by a vote of a majority of members present and voting in favor, and direct PLAN Department staff in writing to process the application.

(2) Denial of the petition is final. The one-year waiting period shall be met before further consideration of the amendment.

(C) Resubmittal. Resubmittal of a text amendment application shall be processed as a new application with all fees specified in § 156.1101.

(Ord. passed 1-14-25)

§ 156.1344 APPEALS.

This chapter does not authorize new rights to an appeal from or remedies for adverse decisions by Town Council, but interested parties may pursue existing remedies from the Circuit Court.

(Ord. passed 1-14-25)

§ 156.1345 RECORDKEEPING.

(A) When the Town Council approves changes to the text of the Zoning Code, those changes will be reflected in the Mount Pleasant Code of Ordinances as provided in Chapter 30.

(B) When the Town Council approves changes to the text of a Planned Development District ordinance, those changes shall be assigned a file number and recorded in the zoning GIS layer (see § 156.022).

(Ord. passed 1-14-25)

§ 156.1350 CROSS-REFERENCE TO APPLICABLE PROCEDURE.

The procedure for establishment of small wireless facilities is specified in Subchapter C, Part 7, Subpart 7.1.

(Ord. passed 1-14-25)

§ 156.1370 CROSS-REFERENCE TO APPLICABLE PROCEDURE.

The procedure for establishment of telecommunications towers is specified in Subchapter C, Part 7, Subpart 7.2.

(Ord. passed 1-14-25)