Pomaria City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 153.046 ZONING ADMINISTRATOR.
(A) This zoning ordinance shall be administered and enforced by the Zoning Administrator who shall have all powers and duties authorized by statute and ordinance for a Zoning Administrator.
(B) The duties of the Zoning Administrator shall include:
(1) Interpretation of terms and provisions of this chapter;
(2) Administration of this chapter by the issuance of zoning permits and certificates of compliance, including the collection of authorized fees;
(3) Review and issuance of administrative waivers per the requirements of § 153.051.
(4) Processing applications for appeals to the Board of Zoning Appeals from the decision of the Zoning Administrator, variances, and special exceptions;
(5) Preparation of the record for appeal to the circuit court from the decisions of the Board of Zoning Appeals;
(6) Maintenance of the official zoning map, amendments to the zoning ordinance, and all public records related to zoning and planning;
(7) Administration and enforcement of the zoning ordinance, and investigation and resolution of zoning complaints;
(8) Serve as staff and provide administrative assistance to the Board of Zoning Appeals and the Joint Planning Commission with regard to their functions under this chapter; and
(9) Any other duties as may be authorized by this chapter.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.047 COUNTY ADMINISTRATOR.
The County Administrator shall appoint the Zoning Administrator and shall have the authority to exercise any and all duties and authorities assigned to such.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.048 ELECTED AND APPOINTED BOARDS AND COMMISSIONS.
(A) County Council. The County Council shall have the following duties related to this chapter:
(1) To review and from time to time initiate changes to this chapter.
(2) To decide upon any application or request for amendment to this chapter or the official zoning maps.
(3) To take any other action not otherwise delegated to staff, the Joint Planning Commission or the Board of Zoning Appeals as the County Council may deem desirable and necessary to implement the provisions of this chapter.
(1) To review and from time to time initiate changes to this chapter.
(2) To review and make recommendations on applications for changes to this chapter or the zoning maps.
(C) Board of Zoning Appeals.
(1) Board established. A Board of Zoning Appeals is hereby established which shall consist of 7 members appointed by County Council. Members shall serve a 4-year staggered term to coincide with the terms of the council member making the appointment. A vacancy shall be filled for the unexpired term in the same manner as the original appointment. Members of the Board may be removed by Council for cause.
(2) Elections and appointments. The Board shall elect or re-elect 1 of its members as Chairperson for a term of 1 year. The Board may elect other officers as provided by its rules of procedure. The Board shall appoint a Secretary who may be an officer of the county approved by the County Administrator.
(3) Rules of procedure. The Board shall adopt rules of procedure and bylaws for the conduct of its meetings and hearings in accordance with S.C. Code § 6-29-790.
(4) Quorum. A quorum shall be required to take any official action. A majority of the Board members shall constitute a quorum.
(5) Meetings. Meetings of the Board shall be held at the call of the Chairperson or at such times as the Board may determine. Public notice of all hearings shall be published in a newspaper of general circulation in the county. Furthermore, notices for meetings involving variances or special exceptions as well as appeals from a determination of the Zoning Administrator that have a site specific effect on a particular piece of property, shall be posted on or adjacent to property affected with at least 1 notice visible from each public street abutting the property, and shall be sent by first class mail to all adjacent property owners and the applicant. The Chairperson may administer oaths and compel attendance of witnesses by subpoena. The Board shall keep minutes of its proceedings, showing the vote of each member of each question, or if absent or failing to vote by reason of conflict, and shall keep records of its examinations and other official actions filed in the Office of the Secretary of the Board as public records.
(6) Powers and duties. The Board of Zoning Appeals has the following powers and duties.
(a) Appeal from Zoning Administrator. Any person aggrieved by any order, requirement, decision, or determination made by the Zoning Administrator pertaining to this chapter may appeal that decision to the Board of Zoning Appeals. Such an appeal must be made in writing on a form provided by the Zoning Administrator within 15 days after actual notice of the order, requirement, decision, or determination. 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 notice of appeal shall have been filed with him, that by reason of facts stated in the appeal a stay would, in his opinion, cause imminent peril to life or property. The Board may affirm or reverse, wholly or in part, or may modify the decision by a written order separately stating findings of fact and conclusions of law.
(b) Variances. The Board may grant variances from the terms of this chapter according to the standards and procedures prescribed in § 153.052 Variances.
(c) Special exceptions. The Board may permit uses by special exception subject to the terms and conditions set forth for such uses by this chapter.
(7) Decisions of the Board of Zoning Appeals.
(a) In exercising the above powers, the concurring vote of the majority of the members present shall be required to reverse or affirm, wholly or in part, or modify 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 this chapter, and to that end, shall have the powers of the officer from whom the appeal is taken and may direct the issuance of a permit. The Board, in the execution of the duties for which appointed, may subpoena witnesses and, in case of contempt, may certify such fact to the circuit court having jurisdiction.
(b) All final decisions and orders of the Board must be in writing and be permanently filed in the Newberry County Planning and Zoning Department as public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the Board, and must be delivered to the parties of interest by certified mail or in person with verification of receipt.
(8) Appeals from a Decision of the Board of Zoning Appeals. A person who may have a substantial interest in any decision of the Board of Zoning Appeals, or an officer or agent of the county authorized by County Council, may appeal to circuit court in and for Newberry 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 with the Clerk of Court and Secretary of the Board within 30 days after the decision of the Board is mailed. Within 30 days after receipt of the notice of filing a petition, the Zoning Administrator or Secretary of the Board, with assistance of the County Attorney, shall file with the Clerk of Court a certified copy of the Board proceedings, including a transcript of evidence and findings and conclusions of the Board. Alternatively, a property owner whose land is the subject of a decision of the Board of Zoning Appeals may appeal 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 through 6-29-850.
(Ord. 06-11-16, passed 9-21-2016)
Cross-reference:
§ 153.049 ZONING PERMITS.
(A) Permit required. No building or land shall hereafter be used or occupied, and no building, sign, or structure shall be erected, moved, expanded, altered, or demolished without a zoning permit issued by the Zoning Administrator. No permit shall be issued by the Zoning Administrator except for a use which is in conformity with the provision of this chapter or for a use authorized by order of the Board of Zoning Appeals.
(B) Purpose of the permit. The process of applying for and receiving a zoning permit serves to determine that the work and use as planned will meet the requirements of the zoning ordinance if conducted and completed according to the description provided by the applicant in the permit application. A zoning permit shall be required prior to issuance of building permits or any other work on or use of the land as described in division (A) above.
(C) Fees for permits. A fee established by regulation of County Council shall be paid for each zoning permit or certificate of zoning compliance issued by the Zoning Administrator.
(D) Application requirements for permits.
(1) Applications for zoning permits shall be accompanied by a site plan drawn to scale of all included parcels showing, at a minimum, the dimensions and shape of all parcels drawn to scale. A copy of the most recently recorded plat of the included properties drawn to scale with parcel dimensions is also required.
(2) The application shall include any other information as may be required by the Zoning Administrator to determine conformance with this chapter, including, but not limited to, existing or proposed buildings or alterations, existing or proposed uses of buildings and land, number of families, housekeeping units, rental units, existing conditions on adjacent property. Application requirements may be found on the County's website or obtained from the Zoning Administrator.
(3) The copy of the site plan shall be returned to the applicant with the signed approval or disapproval of the Zoning Administrator noted on the zoning permit application at the time of issuance.
(E) Expiration of permits. If the work described in a zoning permit has not begun within 6 months from the date of the permit and no valid building permit is outstanding for the work authorized by the zoning permit, or within the time specified by a special exception, the permit shall expire and be null and void. Once a zoning permit has expired, construction on the property in question cannot proceed until a new zoning permit has been issued.
(F) Right of appeal. If a request for a zoning permit from the Zoning Administrator is disapproved or if a ruling of the Zoning Administrator is questioned, the aggrieved party may appeal such ruling to the Board of Zoning Appeals in accordance with § 153.048(C)(6)(a).
(Ord. 06-11-16, passed 9-21-2016)
§ 153.050 CERTIFICATES OF ZONING COMPLIANCE.
(A) Certificates required. It shall be unlawful for any person to use, occupy, or permit the use or occupancy of any building or property created, erected, changed, converted, altered, or enlarged, in whole or in part, until a certificate of zoning compliance has
been
issued by the Zoning Administrator stating the proposed use conforms to the requirements of this chapter.
(B) Purpose of the certificate of zoning compliance. The process of requesting and receiving a certificate of zoning compliance serves to determine that the work as completed and the use as established does, at the time the certificate is issued, meet the requirements of the zoning ordinance.
(C) Temporary uses. Certificates of zoning compliance may be issued and renewed by the Zoning Administrator for permitted temporary uses for the times permitted by the zoning district regulations.
(Ord. 06-11-16, passed 9-21-2016; Am. Ord. 12-23-18, passed 2-6-2019)
§ 153.051 ADMINISTRATIVE WAIVERS.
A zoning permit or certificate of zoning compliance may be issued for otherwise permitted uses by the Zoning Administrator without an application for a variance to the Board of Zoning Appeals under the following conditions:
(A) If a setback waiver of less than 18 inches is desired:
(1) The adjoining property owner affected certifies in writing his or her agreement to the requested waiver; and
(2) The adjoining property is vacant and undeveloped, or there exists double the required setback between all buildings on the adjoining property and the immediately adjoining property lines to the property whose owner is requesting the waiver.
(B) If a minimum lot width waiver of less than 3% of the required lot width is desired:
(1) The waiver request is for only 1 new lot on any present lot of record;
(2) The waiver request is for a platted subdivision containing not more than 2 planned lots in total, 1 of which will meet the required lot width;
(3) The adjoining property owners affected certify in writing their agreement to the requested waiver; and
(4) The adjoining properties are vacant or there exists double the required lot width on both adjoining properties.
(C) If a minimum lot size waiver of less than 5% of the required lot size is desired:
(1) The waiver request is for only 1 new lot on any present lot of record;
(2) The waiver request is for a platted subdivision containing not more than 2 potentially planned lots in total, all but 1 of which will meet the required lot width;
(3) The adjoining property owners affected certify in writing their agreement to the requested waiver; and
(4) The adjoining properties are vacant or there exits double the required lot size on both adjoining properties.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.052 VARIANCES.
(A) When practical difficulties or unnecessary hardships would result from carrying out the strict letter of this chapter, the Board of Zoning Appeals shall have the power to vary or modify any of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of the land so the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done.
(B) Anyone requesting a variance shall file such with the Zoning Administrator on a form provided by the Zoning Administrator. Applications shall be filed at least 28 days prior to the board of zoning appeals meeting at which it will be heard. Posting and notification requirements for hearings are provide in § 153.048(C)(5). At the hearing, any party may appear in person or by agent or attorney.
(C) A variance may be granted if the Board makes and explains in a written order all of the following findings and conclusions:
(1) There are extraordinary and exceptional conditions pertaining to a particular piece of property;
(2) These conditions do not generally apply to other property in the vicinity or in that district;
(3) Because of these conditions, the application of the chapter to a particular piece of property would effectively prohibit or unreasonably restrict use of the property;
(4) The authorization of the variance will not be a substantial detriment to adjacent property or to public good, and the character of the district will not be harmed by the granting of the variance; and
(5) The effect of the variance would not allow the establishment of a use not otherwise permitted in the zoning district; would not extend physically a nonconforming use of the land; would not change the zoning district boundaries shown on the official zoning map.
(D) The fact that property may be utilized more profitably, should a variance be granted, may not be considered grounds for a variance.
(E) In granting a variance, the Board may attach to it the conditions regarding the location, character, or other features of the proposed building, structure or use as the Board may consider advisable to protect establish property values in the surrounding area, or to promote the public health, safety, or general welfare.
(F) Failure to begin or complete an action for which a variance is granted within the time limit specified as a condition of the variance shall void the variance.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.053 SPECIAL EXCEPTIONS.
(A) A property owner or authorized agent may appeal to the Board of Zoning Appeals for a special exception for a use permitted by zoning district regulations as a special exception after review, subject to applicable criteria.
(B) A request for a special exception may be made by the owner of the property in question or an authorized agent of the property owner, on a form provided by the Zoning Administrator.
(C) The Board shall review the request to determine compliance with this chapter and all applicable regulations within the County's planning jurisdiction.
(D) No special exception permit shall be approved by the Board of Zoning Appeals unless the following general findings of fact are made concerning the proposed special exception:
(1) The use will not materially endanger the public health or safety if located, designed, and proposed to be operated according to the information submitted.
(2) The use complies with all regulations and standards of this chapter.
(3) The use will not substantially injure the value of adjoining properties, or the use is a public necessity.
(4) The location and character of the use, if developed according to the information as submitted and approved, will be in harmony with the area in which it is to be located.
(5) The use will not create traffic impacts that will endanger public safety, or create or contribute to congestion.
(6) The use will not create noise, light, glare, odor, or obstruction of air flow on adjoining properties.
(7) That the proposed use will not be in conflict with but will further the objectives of the Newberry County Comprehensive Plan for the area in which it is located.
(E) In considering special exceptions, the Board may prescribe appropriate requirements and additional conditions deemed necessary to remove danger to health and safety, relieve or reduce adverse impact of a special exception, and to protect adjacent properties and the character of the area.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.054 AMENDMENTS.
(A) Authority. This chapter, including the official zoning map, may be amended from time to time by the County Council as herein specified, but no amendment shall become effective unless is shall have first been submitted to the Planning Commission for review and recommendation.
(B) Initiation of amendment.
(1) An amendment to the official zoning map may be initiated by adopted motion of County Council, adopted motion of the Joint Planning Commission, the Zoning Administrator, the owner of the property affected, or an authorized agent with written authorization from the property owner.
(2) A request for a zoning map amendment by a property owner or their agent shall be initiated by submittal of a completed application form provided by the Zoning Administrator, accompanied by a copy of the most recently recorded plat for each included parcel and any other relevant supporting information for inclusion in the agenda packet for the Joint Planning Commission, and a filing fee established by resolution of County Council.
(3) An amendment to the zoning ordinance text may be initiated by adopted motion of County Council or adopted motion of the Joint Planning Commission. Any citizen may make a request for a text amendment to either body. Should the Council or Commission choose to act on such request, it shall direct the Zoning Administrator to study the request and present a recommendation at their next regular meeting. At that time, if the Council or Commission chooses to pursue the amendment, it shall direct the Zoning Administrator to prepare the amendment for their consideration at a later meeting.
(4) An identical amendment to the district designation of the same or a portion of the same property for which a rezoning has been denied shall not be initiated more often than once in each 12-month period after denial unless the Joint Planning Commission determines either:
(a) There has been a substantial change in the character of the area; or
(b) Evidence or factors exist which were not considered in the previous deliberations which might substantially alter the basis for the Joint Planning Commission recommendation.
(5) A complete application for amendment must be received at least 2 weeks prior to the Joint Planning Commission meeting in order to be considered at the meeting.
(C) Minimum district size. No amendment shall be initiated which would create a new zoning district with an area of less than 2 acres; except that the minimum area for a PDD (Planned Development District) district shall be 10 acres. The minimum requirement does not apply to extension of an existing district, or addition of any commercial or industrial district to any other commercial or industrial district.
(D) Amendment procedure. The following procedural steps are required for adoption of a text or map amendment; amendments shall be initiated pursuant to division (B).
(1) Amendment ordinance shall be prepared in written form required by County Code.
(2) The proposed amendment shall be referred to Joint Planning Commission for review and recommendation.
(3) Property owners whose land is the subject of a proposed amendment shall be allowed to present oral or written comments to the Joint Planning Commission. If oral or written comments are to be presented by the property owner, the Commission shall give other interested members of the public, including adjoining property owners, 10-days' notice and allow them to comment in the same manner.
(4) Joint Planning Commission review shall include a determination of whether the proposed amendment is in conformity with the Newberry County Comprehensive Plan.
(5) The Joint Planning Commission shall file with County Council its report and recommendation on the proposed amendment within 30 days after receipt. If the Commission does not make a recommendation to approve, approve with conditions, deny, or defer a decision on a proposed amendment within 30 calendar days after the petition has been referred to it, then the Commission shall be considered to have recommended approval of the proposed amendment.
(6) Notice of a public hearing before County Council shall be published in a newspaper of general circulation in the County at least 15 days prior to hearing.
(7) Notices of public hearing shall be posted on or adjacent to property to be rezoned at least 15 days prior to the hearing, with 1 notice visible from each street bordering the property. Posted notices shall contain letters not less than 1 inch in height.
(8) Notice of public hearing shall be mailed at least 15 days prior to the hearing to adjacent landowners and groups which have filed a written request for notices.
(9) County Council may introduce an amendment ordinance for first reading and hold a public hearing on the same date. Joint Planning Commission recommendation shall be reviewed and considered.
(10) County Council, after receiving the recommendation of the Joint Planning Commission, shall within a reasonable time either reject the proposed amendment or approve the proposed amendment, with or without modifications, or defer action until it has time to consider any new evidence. County Council may adopt or reject the amendment ordinance per the requirements of § 31.57 of the Newberry County Code of Ordinances. Map amendments may be adopted or rejected for all or any portion of the property; however, a zoning district designation which was not included in the public notices shall not be adopted. An amendment may be withdrawn in writing by the initiator at any time prior to final action by County Council. A withdrawn amendment is not subject to the 12-month limitation in division (B)(4).
(11) Following action by County Council, any necessary changes per the amendment shall be made to the copy of the zoning ordinance maintained by Zoning Administrator and in the official copy of the County Code maintained by the County Clerk to Council. All adopted map amendments shall be reflected on the official zoning map.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.055 ENFORCEMENT.
(A) Penalties generally. 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 chapter, the Zoning Administrator may in accordance with the provisions of S.C. Code § 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; or 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.
(B) Specific remedies. Specific remedies for the violation of any provision of this chapter include the following:
(1) Permit revocation. The Zoning Administrator may revoke any zoning permit issued by staff after written notification to the permit holder when violations of this chapter have occurred, when false statements or misrepresentations were made in securing the permit, work is being or has been done in substantial departure from the approved application or site plan, or a permit has been mistakenly issued in violation of this chapter.
(2) Misdemeanor; penalties. It shall be unlawful for any person to use property, or to construct, alter, enlarge, or demolish any structure without a permit or permits required by this chapter. Conviction for violation of this chapter is punishable as a misdemeanor under the general penalty provisions of the county code.
(3) Withholding of permits. The Zoning Administrator shall deny a zoning permit for any use or work which fails to comply with this chapter. The Zoning Administrator or other appropriate official shall withhold all other county permits for work which violates this chapter.
(4) Stop-work orders. The Zoning Administrator is authorized to issue a stop work order pursuant to S.C. Code § 6-29-950(B) requiring work to cease until specific code violations are corrected. Failure to comply with a stop work order of the Zoning Administrator is a misdemeanor punishable under the general provisions of the county code. Issuance of a stop work order may be appealed to the Board of Zoning Appeals.
(5) Criminal penalties. Any person violating any provision of this chapter shall upon conviction be guilty of a misdemeanor and shall be fined as determined by the court for each offense.
(6) Injunction. Enforcement of the provisions of this chapter may also be achieved by injunction. When a violation occurs, the Zoning Administrator may, either before or after the institution of other authorized action, apply to the appropriate division of court for a mandatory or prohibitory injunction commanding the defendant to correct the unlawful condition or cease the unlawful use of the property.
(7) Order of abatement. In addition to an injunction, the Zoning Administrator may apply for and the court may enter into an order of abatement as part of the judgment in the case. An order of abatement may direct any of the following actions:
(a) Buildings or other structures on the property be closed, demolished, or removed;
(b) Fixtures, furniture or other moveable property be moved or removed entirely;
(c) Improvements, alterations, modifications or repairs be made; or
(d) Any other action be taken that is necessary to bring the property into compliance with this chapter.
(C) Complaints. A written complaint specifying facts showing a violation of this chapter filed by any person shall be investigated by the Zoning Administrator. Upon determination that a violation has occurred, the Zoning Administrator shall take appropriate enforcement action authorized by this chapter.
(D) Ordinance summons. The Zoning Administrator is authorized to issue an ordinance summons pursuant to county code provisions for violations of this chapter.
(Ord. 06-11-16, passed 9-21-2016)