Santee City Zoning Code

2.1.1 Duties Relevant to Planning Boards

General. The Mayor and Council powers and duties under this Zoning Ordinance shall not include hearing and deciding questions of interpretation and enforcement, which may arise. Therefore, Council shall have only the responsibility for action on proposals for amendments or repeals of this Zoning Ordinance. Its roles also include but are not limited to the following:

A.

Appoint members to planning boards that are objective and fair-minded to serve to the best of their ability;

B.

Provide guidance and input into the comprehensive plan process and development;

C.

Support and champion the comprehensive plan's vision, goals, and policies;

D.

Appropriate funds for the administration of the comprehensive plan;

E.

Review recommendations presented by the Planning Commission and deliberate on matters consistent with the comprehensive plan and growth policies; and,

F.

Adopts:

• Comprehensive plan and amendments;

• Zoning text amendments;

• Zoning map amendments (Rezonings);

• Development Agreements; and,

• Acceptance of public dedications (i.e., roads, stormwater easements, a park, etc.) as part of the subdivision plan/plat process per S.C. Code 1976, § 6-29-1170.

(Ord. No. 2024-06-12-02, 6-12-2024)

2.2.1 Members

Five (5) members are appointed by the Council. Members shall serve a term of four (4) years. Terms shall be staggered so that the terms of three (3) members shall expire in each odd number year, and terms of two (2) members shall expire in each even number year. Council may reappoint members multiple times. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Town Council shall consider nominees who are residents, own a business or property in town, and demonstrate an interest in serving on a planning board. Preferred Architectural Review Board member(s) should have local historic preservation and/or professional expertise in preservation, planning, architectural history, archaeology, real estate, engineering, construction, and law. Members shall not hold any other public office or position in the Town. The members serve without pay but may be reimbursed for any expenses incurred while representing a board in its official occupancy.

New board members shall complete MASC's six-hour planning orientation training within a year of appointment. Active serving members shall complete three hours of continuing education each year per S.C. Code 1976, § 6-29-1340.

2.2.2 Removal of Board Members

The Council, with cause, may remove a board member(s). The existence of cause shall be discussed by the council in executive session as permitted by the Freedom of Information Act, S.C. Code 1976, § 30-4-70(a)(1), and the determination of removal shall be by vote in public session declaring a vacancy in the position without a statement of cause. Cause may be the lack of attendance, ex parte communication, defamation, violating confidentiality, adverse impact to public interest, and/or inappropriate behavior.

2.2.3 Meetings

All meetings shall be open to the public. The Board shall hold regularly scheduled meetings if submittals have been made and are ready for review. Board members may only enter into an executive session for legal advice and then resume the meeting. Voting in executive session is prohibited. Voting shall be conducted in public.

2.2.4 Proceedings

Each planning board shall adopt rules on meetings/public hearings. Boards shall hold an annual meeting to elect a chairperson and vice-chairperson from among its members. Each shall serve for one year or until he/she is re-elected, or his/her successor is elected. Meetings are called to order by the chairperson. In his/her absence, the vice-chair or acting chairman will assume those duties. Boards shall keep minutes of its proceedings, showing the issues discussed, comments, votes, board absence, guests, and records of its official actions. The Zoning Administrator or designee may serve as the boards' secretary or each board may elect its secretary to develop agendas and minutes. Records shall be forwarded to the Town's Clerk for archive and review by the public.

2.2.5 Decisions

An action shall be taken by a simple majority vote from members in attendance. After review and evaluation of an application/proposal, boards may vote to:

• approve or approve with modification;

• grant a conditional approval;

• deny proposal; or,

• table for further discussion or more information.

For clarity, conditional approval hinges on providing missing documentation or some other request. Boards may authorize the Zoning Administrator to upgrade the conditional approval to full approval once sufficiency has been satisfied. This eliminates any project delays for another meeting.

Only the decisions of the Board of Zoning Appeal and Architectural Review Board can be appealed.

2.2.6 Appeals

Any person who may have a substantial interest may appeal the BZA or BAR's decision. The applicant must file an appeal petition with the Circuit Court [Orangeburg County Clerk of Court] within 30 days of the rendered decision. Any filing after that time is mute. The only recourse at that point is for the applicant to file a lawsuit on the matter, not as an appeal.

(Ord. No. 2024-06-12-02, 6-12-2024)

2.3.1 Establishment

General. The Planning Commission shall undertake a continuing planning program for the physical, social, and economic growth, development, and redevelopment of the area within its jurisdiction. The plans and programs must be designed to promote public health, safety, morals, convenience, prosperity, or the general welfare as well as the efficiency and economy of its area of jurisdiction.

2.3.2 Powers and Duties

The duties of the Planning Commission shall include but not be limited to the following:

A.

Prepare and revise periodically plans and programs for the development and redevelopment of its area as provided in this chapter; and,

B.

Prepare and recommend for adoption to the Town Council as a means for implementing the plans and programs in its area:

1.

Zoning ordinances to include zoning district maps and appropriate revisions;

2.

Regulations for the subdivision or development of land and appropriate revisions, and to oversee the administration of the regulations that may be adopted;

3.

The Official Zoning Map and appropriate revisions showing the exact location of applicable public streets, highways, utility rights-of-way, public building sites, open spaces, and others.

4.

A landscaping ordinance setting forth required planting, tree preservation, and other aesthetic considerations for land and structures;

5.

A capital improvements program setting forth projects required to implement plans that have been prepared and adopted, including an annual listing of priority projects for consideration by the governmental bodies responsible for implementation before preparation of their capital budget; and,

6.

Policies or procedures to facilitate the implementation of planning elements with the comprehensive plan.

C.

Reviews and approves preliminary, and final subdivision plans and plats;

D.

Conduces appeals of administrative decisions on subdivision matters and final subdivision plans and plats (only if the Planning Commission has authorized the Zoning Administrator/designee to approve and/or make final determinations on subdivision matters or final subdivision plan/plat approval);

E.

Names of new streets and roads and deliberate on requests to change road/street names;

F.

Any other matters pursuant to chapter 29, title 6 of the S.C. Code 1976, § 6-29-340, as amended.

(Ord. No. 2024-06-12-02, 6-12-2024)

2.4.1 Establishment

General. Board of Zoning Appeal [BZA] a quasi-judicial body that makes decisions on the finding of facts. Its deliberation process hinges on the review of material and expert testimony on the issue before them. Only persons offering testimony for or against the issue shall present to the Board. The BZA may allow general questions or comments from the public who are not testifying on the topic. The Board's decisions shall be predicated on facts. At the public hearing, the party [applicant] may appear in person, by agent, or attorney.

2.4.2 Powers and Duties

The duties of the Board of Zoning Appeals shall include but not be limited to the following:

A.

Subpoena witnesses to give testimony and in case of contempt may certify such fact to the circuit court;

B.

Hear and deliberate on:

1.

Administrative Appeals. An Administrative Appeal is an appeal to the Zoning Administrator's decisions when the applicant [the complainant] believes there was an error or misinterpretation of the Ordinance.

2.

Variances. A Variance is a request to reduce or modify zoning standards on the grounds of unnecessary hardship. The applicant must provide sufficient evidence to support an unnecessary hardship. To obtain a variance on the ground of "unnecessary hardship," there must be proof that a particular property suffers a singular disadvantage through the operation of a zoning regulation. An owner is not entitled to relief from a self-created or self-inflicted hardship. A claim of unnecessary hardship cannot be based on conditions created by the owner nor can one who purchases property after the enactment of a zoning regulation complain that the nonconforming use would work a hardship upon him. The board has some discretion when deciding to grant or deny a variance. However, it is not free to make whatever determination appeals to its sense of justice. S.C. Code 1976, § 6-29-800(A)2 states and explains the following variance criteria:

a.

Extraordinary/Exceptional conditions. There are extraordinary and exceptional conditions pertaining to the particular piece of property. Extraordinary conditions could exist due to size, shape, topography, drainage, street widening, beachfront setback lines, or other conditions that make it difficult or impossible to make an economically feasible use of the property.

b.

Other property. These conditions do not generally apply to other properties in the vicinity.

c.

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

d.

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

e.

S.C. Code 1976, § 6-29-800(A)(2)d prescribes other factors:

• Use variance. S.C. Code 1976, § 6-29-800(A)(2)(d)(i) states: The board may not grant a variance, the effect of which would allow the establishment of a use not otherwise permitted in a zoning district, to extend physically a nonconforming use of land or to 27 change the zoning district boundaries shown on the official zoning map. The fact that property may be utilized more profitably if a variance is granted, may not be considered grounds for a variance. Other requirements may be prescribed by the zoning ordinance.

• Conditions. In granting a variance, the board may attach conditions to it. These conditions may affect 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 public health, safety, or general welfare.

3.

Special Exceptions. Special Exceptions are denoted in the ordinance for specific uses with subject conditions. The board makes the following findings:

1.

The proposed use will not adversely affect the health or safety of persons residing or working in the area surrounding the proposed use.

2.

The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood of the proposed use.

3.

The proposed use will not conflict with the goals and purposes of the adopted comprehensive plan for the town.

4.

In granting a special exception, the board shall consider the following factors: traffic flow and control, access to and circulation within the property, off-street parking and loading, signs, buffers and landscaping, structural height and bulk, location of structures, hours, and manner of operation, proposed open space, noise, dust, odors, fumes, vibration, stormwater drainage, and other environmental considerations.

5.

In granting a special exception, the board may attach conditions regarding the size, location, character, or other features of the proposed structure or use as the board may consider advisable to protect established property values in the surrounding area or to promote public health, safety, and general welfare.

(Ord. No. 2024-06-12-02, 6-12-2024)

2.5.1 Establishment

General. The Architectural Review Board [ARB] is an advisory board that furthers the design integrity of the town and nominates properties for local and national historic designation as well as historic markers.

2.5.2 Powers and Duties

The duties of the Architectural Review Board shall include but not be limited to the following:

A.

Review and recommend to Town Council the designation of properties for local and national historic designation as well as historic markers;

B.

Review plans and applications for all exterior modifications and additions to structures, new construction, demolitions of historic significance, and other design features;

C.

Review and approve, approve with modification, or deny approval for such plans and applications;

D.

Actively promote and preserve resources of architectural, historical, cultural, scenic, and archeological significance;

E.

Establish overlay districts; and,

F.

Hear appeals of the Zoning Administrator/designee's decisions on design appropriateness where authority is granted.

(Ord. No. 2024-06-12-02, 6-12-2024)

2.6.1 Responsibility for Administration

General. The Zoning Administrator or designee shall administer and enforce this ordinance. The designee shall not be a member of Council or an active board member.

2.6.2 Powers and Duties

The duties of the Zoning Administrator shall include but not limited to the following:

A.

Interpret the terms and provisions of this ordinance;

B.

Review scaled site/plot plans for proposed development projects;

C.

Review subdivision plat/plan and ensure all submissions and permits are available for the Planning Commission;

D.

Consult with other governmental agencies (i.e., DHEC, SCDOT, County, and others) on proposed projects as part of the approval process;

E.

Administer the provisions of this Ordinance relating to zoning permits, certificates of zoning compliance, and applications for zoning amendments, appeals, variances, and special exceptions;

F.

Serve the liaison to the planning boards, including collecting materials and information, developing agendas, executing meeting/public hearing notifications, and making presentations;

G.

Receive complaints from persons who allege violations of this Ordinance, properly investigate complaints, and initiate action to prevent, enjoin, abate, or remove such violations;

H.

Maintain complete and accurate records relating to the adoption, amendment, interpretation, enforcement, and administration of this Ordinance; and,

I.

Complete MASC's six-hour planning orientation training within a year of appointment and actively attend planning conferences and/or webinars to satisfy the annual three hours of continuing education per S.C. Code 1976, § 6-29-1340.

(Ord. No. 2024-06-12-02, 6-12-2024)