The zoning administrator is hereby designated and duly charged with the authority to administer and enforce the provisions of this ordinance.

The zoning administrator shall accept and examine all applications for construction, land use or reuse, and shall issue permits where such applications are in accord with the provisions of this ordinance and applicable building codes. He/she shall direct parties in conflict with this ordinance, and cause to be kept records and files of any and all matters referred to him/her.

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

(Ord. No. 1998-84, 9-24-98)

No building, structure or sign requiring a permit or any part thereof shall be erected, added to or structurally altered, nor shall any excavation or grading be commenced until the required permits have been issued.

No building, structure or land shall be used; nor shall any building, structure or land be converted, wholly or in part to any other use, until all applicable and appropriated licenses, certificates and permits have been issued certifying compliance with the requirements of this section.

No permits inconsistent with the provisions of this section shall be issued unless accompanied by an approved variance as provided by this article; provided, however, that in instances in which a site improvement required by city ordinance cannot be installed in the ordinance-specified location due to the refusal of a third-party easement holder to permit encroachment then the zoning administrator may (but shall not be required to) administratively permit a reasonable modified installation without the necessity of a variance being obtained. Additionally, where improvements are proposed to a developed property, the zoning administrator may (but shall not be required to) administratively permit a reasonable modified installation of required buffers, fencing, or similar items without the necessity of a variance being obtained.

Refusal by the zoning administrator to issue a building permit shall be stated in writing with cause.

The provisions of this section shall not apply to the necessary construction, replacement or maintenance by a public utility of its outside plant facilities, including such items as poles, cross-arms, guywires, cable and drops.

(Ord. No. 1998-84, 9-24-98; Ord. No. 2015-004, 1-22-2015; Ord. No. 2021-071, Exh. A, 10-28-2021)

Applications for permits shall be signed by the owner or his/her designee and shall be filed on forms provided by the zoning administrator.

(Ord. No. 1998-84, 9-24-98)

Requirements for a grading permit are contained in the South Carolina Stormwater Management and Sediment Reduction Regulations and are hereby adopted by reference.

(Ord. No. 1998-84, 9-24-98)

Each application for a permit for a building or structure other than a sign shall be accompanied by two (2) sets of the following or as much thereof as the zoning administrator shall find necessary to determine whether the proposed building or use will be in compliance with the provisions of this ordinance:

A plat and/or site plan with the date and scale, showing the actual shape and dimensions of the lot to be built upon; the size, height and location on the lot of existing and proposed buildings and structures; the existing and intended use of each building or part of a building; the number of families or housekeeping units the building is designed to accommodate; buffer areas; flood and wetland areas; proposed parking; building elevations and such other information with regard to the lot and contiguous land uses as required to determine compliance with and provide for the enforcement of this ordinance.

(Ord. No. 1998-84, 9-24-98; Ord. No. 2008-19, 3-27-08)

Each application to erect a sign, where a sign permit is required by this ordinance, shall be accompanied by the following information:

(1)

Common signage plan, where applicable, in accord with the requirements of section 5-4.

(2)

Identification of ownership and/or leaseholder of property on which the sign is to be erected, including street address.

(3)

Name and address of the owner of the sign.

(4)

Site plan sketch with dimensions (nonprofessionally drafted plan is acceptable) showing the location of the sign with respect to the property and right-of-way lines, building and setback lines, and buildings, parking areas, existing freestanding signs, and buffer areas.

(5)

Correct size, shape, configuration, face areas, height, nature, number and type of sign to be erected.

(6)

The value of a sign and sign structure.

(7)

The zoning administrator may waive any of the informational requirements listed above deemed unnecessary to process an application.

(8)

For signs exceeding thirty-five (35) square feet in area, the applicant shall include a drawing by a Registered South Carolina Engineer or Architect and a written certification from a Registered South Carolina Engineer or Architect that the sign is structurally sound and safe, does not constitute a hazard to persons or property on the premises, on adjoining property, or in the vicinity of its location, that the sign will comply with all then current requirements of a building or other construction codes and this article, and that the sign will withstand one hundred (100) miles per hour winds. During the performance of work under a permit issued for such a sign, a Registered South Carolina Architect or Engineer shall inspect the sign on an ongoing basis during various stages of work so as to assure that the work is proceeding in accordance with the standards and the proposal on the application and, upon completion of the work such architect or engineer shall conduct a final inspection and specially certify that, based upon his/her inspections, the sign has in fact been constructed in accordance with such application. It shall be the responsibility of the applicant to see that such certification is made and to file the original of said certification with the city building department within thirty (30) days after the completion of all work under the permit and, in all cases, within seven (7) months from the date of issuance of the permit.

The zoning administrator and/or other appropriate city officials may make or require inspections of any land disturbing activity, construction or maintenance requirement to ascertain compliance with approved permit applications, plats and/or plans.

(Ord. No. 1998-84, 9-24-98)

Whenever a violation of this ordinance occurs, or is alleged to have occurred, the zoning administrator or other appropriate city official shall record and investigate such complaint, and take such action as provided by this ordinance. Complaints may be filed in writing or verbally, stating fully the cause and basis thereof.

(Ord. No. 1998-84, 9-24-98)

The owner or owners of any buildings or premises or any part thereof, where anything in violation of the zoning ordinance of the City of North Charleston shall be placed or shall exist, and any architect, builder or contractor who may be employed to assist in the commission of any such violation and all persons who shall violate any of the provisions of the zoning ordinance of the City of North Charleston or fail to comply therewith or with any requirements thereof, or who shall be punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a term not exceeding thirty (30) days or both. Each day such violation continues shall constitute a separate offense.

(Ord. No. 1998-84, 9-24-98)

Any decision or determination by the zoning administrator or other administrative official may be appealed to the board of zoning appeals.

(Ord. No. 1998-84, 9-24-98)

A zoning board of appeals is hereby established. Said board shall consist of seven (7) members, who shall be residents of North Charleston and shall be appointed by the mayor with the approval of a majority of city council for overlapping terms of three (3) years. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall serve without pay but may be reimbursed for any expenses incurred while representing the board. A member may be removed for cause at the request of the mayor with approval by a majority of city council. None of the members shall hold any other public office or position within the municipality or county.

(Ord. No. 1998-81, 9-24-98; Ord. No. 2009-21, 5-14-09)

State Law reference— Similar provisions, S.C. Code Ann., § 6-29-780.

(a)

The board of appeals shall elect a chairman from its members who shall serve for one year or until reelected or until their successors are elected. The board shall appoint a secretary, who may be a city officer, an employee of the city, a member of the planning commission or a member of the board of appeals. Meetings of the board must be held at the call of the chairman and at such other times as the board may determine. Meetings shall be open to the public and public notice of all meetings of the board of appeals shall be provided by publication in a newspaper of general circulation in the municipality or county. In cases involving variances or special exceptions, conspicuous notice shall be posted on or adjacent to the property affected with at least one such notice being visible from each public thoroughfare that abuts the property. The chairman, or in his or her absence, the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or in the absence of failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which must be immediately filed in the office of the board and must be a public record.

(b)

Decisions of the board of zoning appeals. The concurring vote of four (4) members of the board of appeals shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator or to decide in favor of the applicant on any matter upon which it is required to pass under the article or to affect any variation of this article.

(c)

Appeals to the board of zoning appeals shall be initiated by filing with the zoning administrator and with the board of appeals notice of said appeal specifying the grounds thereof and accompanied by an application fee of seventy-five dollars ($75.00) to cover administrative costs (advertising). The zoning administrator shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

(Ord. No. 1998-81, 9-24-98; Ord. No. 2011-037, 7-28-2011)

State Law reference— Similar provisions, S.C. Code Ann., § 6-29-790

(a)

The board of appeals has the following powers:

(1)

To hear and decide appeals where it is alleged there is error in an order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning ordinance;

(2)

To hear and decide appeals for variance from the requirements of the zoning ordinance when strict application of the provisions of the ordinance would result in unnecessary hardship. A variance may be granted in an individual case of unnecessary hardship if the board makes and explains in writing the following findings:

a.

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

b.

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

c.

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

d.

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

(i)

The board may not grant a variance the effect of which would be to allow the establishment of a use not otherwise permitted in a zoning district, to extend physically a nonconforming use of land, or to change the zoning district boundaries shown on the official zoning map. The fact that property may be utilized more profitably, should a variance be granted, may not be considered grounds for a variance. Other requirements may be prescribed by the zoning ordinance.

A local governing body by ordinance may permit or preclude the granting of a variance for a use of land, a building or a structure that is prohibited in a given district, and if it does permit such a variance, it may require the affirmative vote of two-thirds (⅔) of the local adjustment board members present and voting. Notwithstanding any other provision of this section, the local governing body may overrule the decision of the local board of adjustment concerning a use variance.

(ii)

In granting a variance, the board may attach to it such 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;

(3)

To permit uses by special exception subject to the terms and conditions for the uses set forth for such uses in the zoning ordinance; and

(4)

To remand a matter to an administrative official, upon motion by a party or the board's own motion, if the board determines the record is insufficient for review. A party's motion for remand may be denied if the board determines that the record is sufficient for review. The board must set a rehearing on the remanded matter without further public notice for a time certain within sixty (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 prior to the rehearing.

(5)

To hear and decide appeals where it is alleged that there is error in an order, requirement, decision, or determination made by an administrative official in the enforcement of the Olde North Charleston Historic District and/or Neighborhood Conservation District.

(6)

To review applications for certain work at sites within the Olde North Charleston Historic District and/or Neighborhood Conservation District in order to determine whether the specific proposed activity conforms to the principles and requirements of the Historic District and/or Conservation District.

(b)

Appeals to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality or county. The appeal must be taken within a reasonable time, as provided by the zoning ordinance or rules of the board, or both, by filing with the officer from whom the appeal is taken and with the board of appeals notice of appeal specifying the grounds of it. If no time is provided, the appeals must be taken within thirty (30) days from the date the appealing party has received actual notice of the action from which the appeal is taken. The officer from whom the appeal is taken immediately shall transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(c)

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

(d)

The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give at least fifteen (15) days' public notice of it in a newspaper of general circulation in the community, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing any party may appear in person or by agent or by attorney.

(e)

In exercising the above power, the board of appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirements, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. The board in the execution of the duties specified in this chapter may subpoena witnesses and in case of contempt may certify this fact to the circuit court having jurisdiction.

(f)

All final decisions and order of the board must be in writing and be permanently filed in the office of the board as a public record. All finds 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

(Ord. No. 1998-81, 9-24-98; Ord. No. 2008-23, 4-24-08; Ord. No. 2021-058, Exh. A, 8-28-2021)

State Law reference— Similar provisions, S.C. Code Ann., § 6-29-800.

In case of contempt by a party, witness, or other person before the board of appeals, the board may certify this fact to the circuit court of the county in which the contempt occurs and the judge of the court, in open court or in chambers, after hearing, may impose a penalty as authorized by law.

(Ord. No. 1998-81, 9-24-98)

State Law reference— Similar provisions, S.C. Code Ann., § 6-29-810.

A person who may have a substantial interest in any decision of the board of appeals or any officer or agent of the appropriate governing authority may appeal from a decision of the board to the circuit court in and for the county by filing with the clerk of the court a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within thirty (30) days after the decision of the board if mailed.

(Ord. No. 1998-81, 9-24-98)

State Law reference— Similar provisions, S.C. Code Ann., § 6-29-820.

(a)

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 thirty (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 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.

(b)

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 in his discretion grant a supersedeas upon such terms and conditions as may seem reasonable and proper.

(Ord. No. 1998-81, 9-24-98)

State Law reference— Similar provisions, S.C. Code Ann., § 6-29-830.

At the next term of the circuit court or in chambers, upon ten (10) days' notice to the parties, the presiding judge of the circuit court of the county shall proceed to hear and pass upon the appeal on the certified record of the board proceedings. The findings of fact by the board of appeals shall be treated in the same manner as a finding of fact by a jury, and the court may not take additional evidence. In the event the judge determines that the certified record is insufficient for review, the matter may be remanded to the zoning board of appeals for rehearing. In determining the questions presented by the appeal, the court shall determine only whether the decision of the board is correct as a matter of law. In the event that the decision of the board is reversed by the circuit court, the board is charged with the costs, and the costs must be paid by the governing authority which established the board of appeals.

(Ord. No. 1998-81, 9-24-98)

State Law reference— Similar provisions, S.C. Code Ann., § 6-29-840.

A party in interest who is aggrieved by the judgment rendered by the circuit court upon the appeal may appeal in the same manner as provided by law for appeals from other judgments of the circuit court in law cases.

(Ord. No. 1998-81, 9-24-98)

State Law reference— Similar provisions, S.C. Code Ann., § 6-29-850.

After the effective date of this Act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested rights, civil action, special proceeding, criminal prosecution or appeal existing as of the effective date of this act and for the enforcement of rights, duties, penalties, forfeitures and liabilities as they stood under the appealed or amended laws.

(Ord. No. 1998-81, 9-24-98)

(a)

Authority: This ordinance, including the official zoning map, may be amended from time to time by the city council as herein specified, by no amendment shall become effective unless it shall have been proposed by or shall have first been submitted to the planning commission for review and recommendation.

(b)

Procedure.

(1)

Initiation of amendments: A proposed amendment to the zoning ordinance may be initiated by the planning commission, city council, or by application filed with the planning commission, filed by the city zoning administrator, or the owner or owners of any property proposed to be changed. No proposed amendment shall be initiated affecting the same parcel or parcels of property or any part thereof, and requesting the same change in district classification by a property owner or owners more often than once every twelve (12) months; provided, however, that the previously referenced twelve (12) month rule shall not apply in instances in which the applicant voluntarily withdraws or consents to the withdrawal of the proposed amendment prior to final decision by city council. Amendment applications made subsequent to a prior withdrawal shall begin the rezoning process at the application filing stage.

(2)

Application procedure: Application forms for amendments shall be obtained from the city department of planning and management. Completed forms, together with an application fee of seventy-five dollars ($75.00) to cover administrative costs, (advertising) plus any additional information the applicant feels to be pertinent, will be filed with the department of planning and management. The previously mentioned seventy-five dollars ($75.00) application fee shall be waived, however, in instances in which the rezoning request is filed in conjunction with a simultaneous petition for annexation. Any communication purporting to be an application for an amendment shall be regarded as mere notice to seek relief until it is made in the form required. Applications for amendments must be received in proper form at least forty-five (45) days prior to the planning commission meeting in order to be heard at that meeting. A copy of all forms shall be forwarded by the department of planning and management to the municipal clerk within three (3) working days of their initial submission.

(3)

Review by the planning commission: All papers and other data supplied by the applicant on behalf of the amendment request shall be transmitted to the planning commission. The planning commission, at regular meetings, shall review and conduct an advertised public hearing; provided, however, that council may in its discretion conduct an advertised public hearing in addition to or in lieu of such an advertised hearing by the planning commission. After so doing, the planning commission shall prepare a report, including its recommendation. This report shall be submitted to city council. All meetings of the planning commission shall be open to the public. At a meeting, any party may appear in person or by agent or by attorney.

(4)

Report of the planning commission: Following its advertised public hearing and its review of the proposed amendment, the planning commission shall reach a decision regarding said amendment and report its findings and recommendation to city council for final action. The planning commission shall have thirty (30) days within which to submit its report. If the Planning Commission fails to submit a report within the thirty-day period, it shall be deemed to have approved the proposed amendment. No change in or departure from the text or maps as recommended by the planning commission may be made at council unless such change or departure is first returned to the planning commission for review and recommendation.

(c)

Notice of public hearing: In scheduling a public hearing for a proposed zoning map and/or text amendment, notice of the time and place shall be published in a newspaper of general circulation in the city at least fifteen (15) days in advance of the scheduled public hearing or thirty (30) days in advance of the scheduled public hearing for amendments proposing a change to the comprehensive plan. Unless otherwise handled by council, the planning commission shall hold such hearing and include a report of the same along with its recommendation to city council.

(1)

Posting of property: In cases involving rezoning, conspicuous notice shall be posted on or adjacent to the property affected, with at least one such notice being visible from each public thoroughfare that abuts the property. Such notice shall be posted at least fifteen (15) days prior to the announced hearing, indicating the nature of the proposed change, identification of the affected property, and time, date and place of hearing.

(d)

Action by city council: The city council shall take action on the proposed amendment within sixty (60) days of receipt of the planning commission's recommendation of an application. If no action is taken by the city council within such time, the proposed amendment shall be considered denied, unless otherwise specified by council.

Following final action by city council, any necessary changes shall be made to the official zoning map and/or text. A written record of the type and date of such change shall be maintained by the clerk of council.

(e)

Effects on permits existing prior to amendments: If any district or part of a district is hereafter transferred to another district by a change in the district boundaries by amendment as provided in this section, the provisions of this ordinance with regard to buildings, premises, or building permits existing prior to the time of such change shall continue to apply to those buildings, premises, or permits even though the area has been transferred to another zoning district.

(f)

Moratorium on issuance of building permits upon submission of proposed change:

(1)

Whenever a proposal for a change in zoning classification has been formally submitted by the owner or owners of property in accordance with the procedures set forth in this section, or whenever any change to a zoning classification, requirement, or ordinance has been approved by the planning commission and submitted to the city council for its consideration, no building permits shall thereafter be issued for properties affected by the proposed change until the city council has rendered its official decision regarding the change unless the permit applied for would be allowed under both the existing zoning provisions and the provisions of the zoning ordinance as they are proposed to be modified.

(2)

Whenever, in the ninety (90) days preceding the date of a building permit, site disturbance permit, or other land development/use permit application, an amendment to the comprehensive development plan has been adopted and that comprehensive development plan amendment is such that a property's existing zoning designation is not consistent with the zoning designation indicated by the amended comprehensive development plan, no permit shall issue unless the permit applied for would be allowed under both the exiting zoning classification and the zoning classification indicated in the comprehensive development plan amendment.

(g)

Savings clause. After the effective date of this Act, all laws repealed or amended by this ordinance must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this ordinance and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

(Ord. No. 1998-84, 9-24-98; Ord. No. 2000-032,6-22-00; Ord. No. 2001-074, 11-20-01; Ord. No. 2001-091, 12-27-01; Ord. No. 2002-083, §§ I, II 11-26-02; Ord. No. 2006-07, § 3, 3-23-06; Ord. No. 2014-018, 3-27-2014; Ord. No. 2017-036, 5-25-2017)