This Article sets forth the procedures required for obtaining certificates of zoning compliance, building permits, grading permits, sign permits, and certificates of occupancy. It also defines the duties, powers, and limitations of officials, departments, commissions, boards, and other groups, which are or may be involved in the administration and enforcement of this Ordinance.

All requests for permits and licenses required by this Ordinance, and legislative change or relief from the terms of this Ordinance shall be in the form of an application. The provisions of this Article shall govern the basic requirements for processing different types of applications from initiation to final action and issuance of a permit.

It shall be the responsibility of the Zoning Administrator or his designee to process and issue permits in accordance with the provisions of this Ordinance.

It shall be the responsibility of an applicant to provide the required information to process a permit application, secure or renew a license, and present facts about circumstances which would justify a proposed change or modification to the terms and/or application of this Ordinance.

A single intake point for all applications is established which also shall be the records center of all activity authorized by this Ordinance.

There are three types of applications for change to and/or relief from the requirements of this Ordinance. They include the following.

1.

Amendment - A change to the text or map of the Ordinance.

2.

Variance - An adjustment or modification of a regulation alleged to impose a hardship on the use or development of land.

3.

Appeal - A petition by an applicant to reverse or modify a decision of an administrative officer or body.

Parties and individuals required and/or eligible to initiate an application to alter, develop, or utilize land for purposes and activities regulated by this Ordinance, or to seek relief from or change requirements of this Ordinance are identified on the following Table.

Parties not listed may petition the Planning Commission and/or Council to initiate a change, but the petitioned party is not bound to act on behalf of the petitioner.

Step 1. Administrative Examination. Upon receipt of an application, the Zoning Administrator shall examine it for completeness, and shall, within ten days, either return the application for additional information or forward it to the responsible governmental authority for review and action.

Step 2. Public Notice.

All Applications. Public notice shall include announcing the application for change or relief in a newspaper of general circulation in Orangeburg County at least 15 days prior to the time the application is scheduled for a public hearing. The notice shall state the nature of the change and the time, date, and place of the hearing.

Application for Zoning Map Change. In addition to the above, notice of an application for a map change (amendment) shall include posting the affected property. Such notice shall be posted at least 15 days prior to the hearing and shall indicate the nature of the proposed change, identification of the effected property, and time, date, and place of the hearing.

Application for a Variance. In addition to public notice in a newspaper of general circulation, notice of an application for a variance shall be given to all parties of interest.

Step 3. Public Hearing.

The Orangeburg County Council shall conduct a public hearing on all applications for change involving the text of the Zoning Ordinance and the Zoning Map.

The Orangeburg County Zoning Board of Appeals (ZBA) shall conduct a public hearing on all applications for relief involving variances and appeals.

A public hearing shall be conducted by the Planning Commission on all applications for change involving the text of the Zoning Ordinance or for change involving the Zoning Map (rezoning).

Step 4. Action.

By The Planning Commission.

1.

The Planning Commission shall act on a completed application within 30 days after receipt thereof: (1) to defer for not more than 30 days; or (2) to recommend either denial or approval. The decision shall be determined by a majority of those voting. Failure to act within said time frame shall constitute a vote of approval.

2.

The Commission shall evaluate the proposed amendment relative to the following:

a.

How it relates to and affects the Comprehensive Plan.

b.

Changes in conditions since the adoption of the Plan or Ordinance.

c.

The need to correct an error or deficiency in the Ordinance or the Plan.

d.

Any benefits which would be derived from the amendment.

e.

Any cost to the County generated by the amendment in terms of expenditures for public improvements, facilities, and services.

The Commission shall forward its recommendation to the Orangeburg County Council for final action.

By the County Council. County Council shall consider the recommendation of the Planning Commission and vote to approve, deny, or modify the proposed amendment, or refer it back to the Planning Commission for further study, or take other action as it may deem necessary.

By the Board of Zoning Appeals. Applications for a variance from the requirements of this Ordinance and for appealing a decision of the Zoning Administrator shall be heard and decided by the Zoning Board of Appeals in accordance with the requirements and procedures of Sections 8.3-2 through 8.3-4.

Step 5. Notification of Action Taken.

All applicants for change or relief from the provisions of this Ordinance shall be notified in writing of final action.

An approved amendment by County Council shall become effective immediately after such adoption and any such amendment to the Zoning Map(s) shall be made by the Zoning Administrator within seven days thereafter.

An approved variance or appeal shall be accompanied by an order of the Zoning Board of Appeals to direct the issuance of a permit.

Step 6. Appeals.

Any person who may have a substantial interest in any decision of the Planning Commission, Zoning Board of Appeals or County Council may appeal their decision to the Circuit Court in and for the County of Orangeburg by filing with the clerk of such court a petition in writing setting forth plainly, fully, and distinctly wherein such decision is contrary to law. Such appeal shall be filed within 30 days after the decision of the Board is rendered. Where land is the subject of a decision by the Zoning Board of Appeals, notice of appeal to the Circuit Court may be accompanied by a request for pre-litigation mediation in accordance with S.C. Code 1976, § 6-29-825.

(Ord. No. 2019-11-18-28, § I(Att.), 11-18-2019)

Neither the Planning Commission, County Council, nor the Zoning Board of Appeals shall reconsider an application for change or relief to the same lot, parcel or portion thereof, within a period of one year from the date of final determination and notification.

All applications shall be filed on forms provided by the County and shall contain the information required by said forms, together with a processing fee as required by Section 9.9 to help cover the cost of administration.

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 appropriate licenses, certificates and permits have been issued certifying compliance with the requirements of this Ordinance.

No permits inconsistent with the provisions of this Ordinance shall be issued unless accompanied by an approved variance.

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, crossarms, guys, wire, cable and drops.

One or more of the following permits/certificates shall be required:

A certificate of Zoning Compliance shall be required in advance of:

1.

The issuance of a Building Permit.

2.

Grading or filling a lot or parcel.

3.

Changing the use of any part of a structure or lot, including any increase in the number of families or dwelling units occupying a building or lot.

4.

The installation of a manufacturing or other industrial process whose operation may generate effects of the types and magnitudes limited by performance standards as set forth in Section 3.2.

5.

Installation of any sign for which a permit is required.

6.

The establishment of a temporary use.

7.

Electric or gas utility companies and/or cooperatives extending service or utilities to a given site.

When the Zoning Administrator receives an application for a building, grading or sign permit whose proposed improvement and use described and illustrated conforms to all requirements of this Ordinance, he shall issue a Certificate of Zoning Compliance and return a signed copy to the applicant within ten days of receipt of the application.

When the Zoning Administrator receives an application for a building, sign or grading permit whose proposed improvement and use described and illustrated does not conform to this Ordinance, he shall deny the issuance of a Certificate of Compliance, and so advise the applicant within ten days, citing the particular sections of this Ordinance with which the application does not comply.

A grading permit shall be required prior to any land disturbing activity not exempt by Section 4.5-3. No grading permit shall be issued unless and until a Certificate of Zoning Compliance has first been issued.

A building permit shall be required of all proposed building and/or development activity unless expressly exempted by the County Building Code.

Where a sign permit is required by Article 5 of this Ordinance, the permit application shall be accompanied by the following:

1.

A common signage plan, where applicable, in accordance with the requirements of Section 5.3.

2.

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

3.

Name and address of owner of the sign.

4.

Site plan sketch with dimensions (non-professionally 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 free-standing signs, and bufferyards.

5.

Correct size, shape, configuration, face area, height, nature, number, and type of sign to be erected, including the size of letters and graphics.

6.

The value of the sign and sign structure.

7.

Signs exceeding thirty-six (36) square feet in area shall be accompanied by a drawing and 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, and that the sign is in compliance with all building or other construction codes and the requirements of this Ordinance.

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

It shall be unlawful to use or occupy or permit the use of occupancy of any building or premises, or both, or parts thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use of structure until a Certificate of Occupancy has been issued stating that the proposed use of the building or land conforms to the requirements of this Ordinance.

Such certificate may be combined with or made a part of the Certificate of Occupancy required under the Building Code.

Failure to obtain a Certificate of Occupancy shall be a violation of this Ordinance, and punishable under Section 8.18.

The Zoning Administrator may make or require inspections of any land disturbing activity, construction or maintenance requirement to ascertain compliance with the provisions of this Ordinance and to ascertain compliance with approved permit applications, plats, plans, and/or certificates.

If the work described in any permit for a sign, structure or building has not begun within one year from the date of issuance, said permit(s) shall expire; it shall be canceled and written notice there of shall be given to the owner/developer, unless extended by the Zoning Administrator upon application by the owner/developer.

Whenever a violation of this Ordinance occurs, or is alleged to have occurred, the Zoning Administrator 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.

Any person violating any provisions of this Ordinance shall upon conviction be guilty of a misdemeanor and shall be fined as determined by the court for each offense.

Where any building, structure, or sign is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure, sign, or land is or is proposed to be used in violation of this Ordinance, the Zoning Administrator may in accordance with the provisions of S.C. Code 1976, § 56-7-80, as amended, issue an ordinance summons, or institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; to correct or abate the violation or to prevent the occupancy of the building, structure or land. Each day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use continues shall be deemed a separate offense.

1.

Definition. Vested right means the right to undertake and complete the development of property under the terms and conditions provided in this section.

2.

Duration.

A vested right is established for two years upon the approval of a PUD plan, including a phased development plan, and preliminary plan for a Major Subdivision, as provided herein.

A vested right may be extended at the end of the vesting period for an additional 12 months, or 36 months for a phased development plan, upon request by the applicant and a determination by the Planning Commission that there is just cause for extension and that the public interest is not adversely affected.

A validly issued building permit does not expire or is not revoked upon expiration of a vested right, except for public safety reasons or as prescribed by the applicable building code.

3.

Amendment. A vested site-specific development plan or vested phased development plan may be amended if approved by the Planning Commission or County Council, as applicable, pursuant to the provisions of this ordinance.

4.

Revocation. A vested right to a site-specific development plan or phased development plan is subject to revocation by the Planning Commission or County Council, as applicable, upon determination, after notice and public hearing, that there was a material misrepresentation by the landowner or substantial noncompliance with the terms and conditions of the original or amended approval.

5.

Applicability of Other Regulations.

A vested site specific development plan or vested phased development plan is subject to later enacted federal, state, or local laws adopted to protect public health, safety and welfare, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes and nonconforming structure and use regulations which do not provide for the grandfathering of the vested right. The issuance of a building permit vests the specific construction project authorized by the building permit to the building, fire, plumbing, electrical, and mechanical codes in force at the time of the issuance of the building permit;

A vested site specific development plan or vested phased development plan is subject to subsequent local governmental overlay zoning that imposes site plan-related requirements but does not affect allowable types, height as it affects density or intensity of uses, or density or intensity of uses;

A change in the zoning district designation or land use regulations made subsequent to vesting that affect real property does not operate to affect, prevent, or delay development of the real property under a vested site specific development plan or vested phased development plan without consent of the landowner;

The Planning Commission or County Council, as applicable, must not require a landowner to waive his vested rights as a condition of approval of a site specific development plan or a phased development plan.

6.

Vested Right to Run with Property. A vested right pursuant to this section is not a personal right, but attaches to and runs with the applicable real property. The landowner and all successors to the landowner who secure a vested right pursuant to this Section may rely upon and exercise the vested right for its duration subject to applicable federal, state and local laws adopted to protect public health, safety and welfare, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes and non-conforming structure and use regulations which do not provide for the grandfathering of the vested right. This Section does not preclude judicial determination that a vested right exists pursuant to other statutory provisions. This Section does not affect the provisions of a development agreement executed pursuant to the South Carolina Local Government Development Agreement Act in Chapter 31 of Title 6.