A.

Role. The ZONING ADMINISTRATOR is designated as the individual responsible for administering and enforcing the provisions of this ordinance.

B.

Powers and Duties. The ZONING ADMINISTRATOR shall have the following powers and duties under this ordinance:

1.

To review and decide applications for:

a.

Zoning compliance permits,

b.

CONDITIONAL USE permits,

c.

Exempt and minor SUBDIVISIONs,

d.

Certain SITE DEVELOPMENT PLANs, including changes to approved plans, where allowed by this ordinance,

e.

Temporary use permits, and

f.

SIGN permits.

2.

To render interpretations of this ordinance.

3.

To establish application content requirements and a submission schedule for review of applications and appeals.

4.

To compile and maintain administrative manuals and procedures.

5.

To review and make recommendations through staff reports to the TOWN COUNCIL, PLANNING COMMISSION, and Board of Zoning Appeals on applications for permits and other approvals, where appropriate, and take any other action necessary to administer the provisions of this ordinance.

6.

To maintain the official ZONING MAP and other such records and official materials that relate to the adoption, amendment, enforcement, or administration of this ordinance.

7.

To enforce this ordinance in accordance with Article 22.

8.

To provide expertise and technical assistance to the TOWN COUNCIL, PLANNING COMMISSION, and Board of Zoning Appeals upon request.

A.

Role. The PLANNING COMMISSION functions as an advisory committee to the ZONING ADMINISTRATOR and TOWN COUNCIL with respect to certain provisions of this ordinance and has direct review and approval functions as specified in this ordinance.

1.

Composition; terms; vacancy; removal.

a.

The PLANNING COMMISSION shall consist of five (5) members, who shall be appointed by the TOWN COUNCIL. Each member shall be a registered voter of the TOWN and shall either reside or own property within the TOWN. No member may hold any other elected or appointed office with the State of South Carolina or any of its political subdivisions.

b.

All members shall be appointed for a term of two (2) years. All terms shall end on December 31 of the appropriate year, unless otherwise noted.

c.

The TOWN COUNCIL shall fill any vacancies.

d.

The TOWN COUNCIL may remove a member for cause after written notice and an opportunity for a public hearing. Cause may include, but shall not be limited to, repeated failure to attend commission meetings, misfeasance, malfeasance, and failure to satisfy state-mandated training requirements for planning and zoning officials.

2.

Compensation.

a.

Members of the commission shall serve without compensation.

b.

Members may be reimbursed for actual expenses incurred in the performance of their duties, as determined, and as authorized, by the TOWN COUNCIL.

3.

Election of officers; appointment of secretary; organizational procedure governed by state law.

a.

The commission shall elect a chairperson and a vice-chairperson from its members, who will serve for a term of one (1) year and may be reelected.

b.

The commission shall appoint a secretary, who may be an officer or employee of the TOWN or the commission.

c.

The PLANNING COMMISSION shall adopt rules of organizational procedure that, as a minimum, address those procedures listed in S.C. Code of Laws, Section 6-29-360.

4.

Public meetings and records.

a.

The commission shall hold at least one (1) regular meeting each month and shall meet at the call of the chairperson or at such times as the commission may determine.

b.

The commission shall keep a public record of all proceedings, findings, and determinations.

c.

All regular and special meetings of the PLANNING COMMISSION shall be open to the public and all records of the commission shall be a public record.

B.

Powers and Duties. The PLANNING COMMISSION is vested with the powers and responsibilities authorized by S.C. Code of Laws, Section 6-29-310 et seq., including the following:

1.

COMPREHENSIVE PLAN. To oversee the preparation and periodic updating of the TOWN's COMPREHENSIVE PLAN, and, by resolution, to recommend adoption of the plan or any element, amendment, extension, or addition, including maps and other descriptive matter, to TOWN COUNCIL.

2.

Text amendments. To initiate, review, and make recommendations to TOWN COUNCIL to approve or deny any requested amendments to the text of this ordinance.

3.

Amendments to official ZONING MAP (rezoning). To initiate, review, and make recommendations to TOWN COUNCIL to approve or deny applications to amend the official ZONING MAP.

4.

SUBDIVISIONs. To review and decide applications for the SUBDIVISION and DEVELOPMENT of land, including, but not limited to, the review and approval of preliminary SUBDIVISION plans and final SUBDIVISION PLATs.

5.

SITE DEVELOPMENT PLAN review. To review and decide applications for SITE DEVELOPMENT PLAN approval, as authorized by this ordinance.

6.

Appeals. To hear and decide appeals on decisions of the ZONING ADMINISTRATOR, where allowed by this ordinance.

7.

Street names. To review and approve the naming of new streets and the renaming of existing streets within the TOWN.

8.

Right of entry. The PLANNING COMMISSION and its members, officers, and staff, in the performance of their functions, may enter upon any land and make examinations and surveys.

9.

Other powers and duties. To carry out any other powers and duties which may be delegated to it by TOWN COUNCIL, consistent with state law.

A.

Role. TOWN COUNCIL is the legislative body elected by the voters of the TOWN to adopt general policies and govern the affairs of the community.

B.

Powers and Duties. COUNCIL is specifically charged with the following responsibilities related to land DEVELOPMENT within the community:

1.

Appoint members. COUNCIL appoints members of the PLANNING COMMISSION, Board of Zoning Appeals, and other related committees.

2.

Adopt ordinances. Upon receiving a recommendation from the PLANNING COMMISSION, TOWN COUNCIL is charged with adopting all ordinances, policies, and regulations related to the use and DEVELOPMENT of land within the TOWN, including any amendments thereto.

3.

Amendments. Upon receiving a recommendation from the PLANNING COMMISSION, TOWN COUNCIL is responsible for deciding all requests to amend the official ZONING MAP.

4.

COMPREHENSIVE PLAN. Upon receiving a recommendation from the PLANNING COMMISSION, TOWN COUNCIL is responsible for adopting the COMPREHENSIVE PLAN, including any amendments thereto.

5.

Fees. TOWN COUNCIL establishes the fee schedule related to administration and enforcement of the provisions of this ordinance.

6.

Other. TOWN COUNCIL performs such other duties as may be prescribed by South Carolina law and the Town Code.

A.

Role. The Board of Zoning Appeals is established as an objective, quasi-judicial body charged with specific duties by state law.

1.

Composition: terms.

a.

The Board of Zoning Appeals shall be composed of five (5) members, who shall be residents of the TOWN. No member may hold any other elected or appointed office with the State of South Carolina or any of its political subdivisions

b.

Members shall be appointed by the TOWN COUNCIL and shall serve for a term of five (5) years. All terms shall end on December 31 of the appropriate year, unless otherwise noted.

c.

The TOWN COUNCIL shall fill any vacancies.

d.

The TOWN COUNCIL may remove a member for cause after written notice and an opportunity for a public hearing. Cause may include, but shall not be limited to, repeated failure to attend commission meetings, misfeasance, malfeasance, and failure to satisfy state-mandated training requirements for planning and zoning officials.

2.

Compensation.

a.

Members will serve without compensation.

b.

Members may be reimbursed for actual expenses incurred in conduct of official board business, as determined, and as authorized, by the TOWN COUNCIL.

3.

Function and adoption of rules governed by state law procedure. The Board of Zoning Appeals shall function and adopt rules in accordance with the procedures specified in S.C. Code of Laws, Section 6-29-790.

4.

Appeals governed by state law and this ordinance. Any appeal from a decision by the Board of Zoning Appeals shall be made in accordance with the procedures and rights set forth in S.C. Code of Laws, Section 6-29-820 et seq. and this ordinance.

B.

Powers and Duties. The following specific powers are granted to the Board of Zoning Appeals:

1.

Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination by the ZONING ADMINISTRATOR in the enforcement of this ordinance.

2.

VARIANCEs. To authorize, upon appeal in specific cases, a VARIANCE from the terms of the ordinance as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of the ordinance will, in an individual case, result in unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.

3.

Special Exceptions. To permit uses by special exception, subject to the terms and conditions for those uses, as may be authorized, and as specified, in this ordinance.