Pursuant to the authority conferred by Chapter 29 of Title 6 of the South Carolina Code of Laws, 1976, as amended and supplanted by all applicable laws, and to promote the public health, safety, morals and general welfare, lessen congestion in the streets, secure safety from fire, panic and other dangers, provide adequate light and air, prevent the overcrowding of land, avoid undue concentration of population, and facilitate adequate provision of transportation, water, sewerage, schools, parks and other public requirements in accordance with a comprehensive plan, the city council does ordain and enact into law the following regulations to be incorporated as new Chapter 23, Zoning, sections 23-0 to 23-162 of the City Code including the official zoning map adopted by reference under section 23-16; repealing Chapter 23, zoning, sections 23-1 to 23-116 of the City Code including the official zoning map adopted by reference under section 23-9; incorporating amendments to the previous zoning map enacted between November 1, 1988, and February 1, 1989; and providing for the following exceptions:

(1)

Effective date and project completion: Recognizing the expense involved in plan development and the time required for project initiation, the effective date of this ordinance shall be February 1, 1989. This effective date will allow any landowner a three-month grace period in which to secure a building permit and thereby achieve a right to complete a project in conformance with the codes and ordinances in effect at the time the permit is issued despite any changes in the newly adopted zoning ordinance that would make some element of the project nonconforming. Upon completion of the project, the zoning administrator shall be authorized to issue a certificate of zoning compliance specifying any nonconformities with the zoning ordinance in effect at that time.

However, for a project to achieve this right, a complete set of site plans and building plans must be submitted and stamped received by the city planning and development department prior to January 1, 1989; and a building permit must be lawfully issued prior to February 1, 1989; and construction must begin prior to August 1, 1989, and remain active and continuous until completion.

(2)

Incomplete multifamily group developments: Incomplete multifamily group developments with more than one (1) principal building on site and high density single-family (patio home) projects where a building permit has been lawfully issued and development has commenced will be allowed to be completed, provided:

a.

A plat for the entire project has been lawfully recorded prior to February 1, 1989; and

b.

A site plan for the entire project has been reviewed by the planning commission and/or approved by the staff for permit; and

c.

A building permit has been lawfully issued for the project or a portion of the project prior to February 1, 1989; and

d.

Construction commenced prior to February 1, 1989; and

e.

For multifamily group developments, an active unexpired valid building permit was in effect on February 1, 1989; and

f.

For multifamily group developments, construction must be completed prior to October 31, 1998.

These developments are hereby given nonconforming status as authorized by Section 6-29-730 of the Code of Laws of South Carolina, 1976, as amended. The chief building official shall be authorized to issue building permits and certificates of occupancy for the completion of these projects subject to the conditions of the approved site and building plans; the zoning administrator shall be authorized to issue certificates of zoning compliance subject to the approved site and building plans and the zoning ordinance in effect at the time of last permit.

(Ord. No. 88-35, 11-1-88; Ord. No. 94-27, § 1, 10-3-94; Ord. No. 95-10, §§ 1, 2, 3-20-95; Ord. No. 95-55, § 1, 12-4-95; Ord. No. 97-34, § 1, 8-18-97)