A.

Permit Required. No construction, erection, renovation, alteration, removal, or moving of a STRUCTURE or use within the TOWN that requires a permit, as identified in Section 18.2, shall commence prior to the issuance of that permit. Failure to obtain the required permit(s) or initiating an activity that requires a permit prior to obtaining the permit shall be subject to fines or other penalties as specified in Article 22.

B.

Incomplete Applications. Permit applications shall be completed in full, including all drawings, studies, reports, certifications, and other information that may be required as part of the permit application. Incomplete applications may be returned to the applicant without further processing. Any applicable time limits or vesting shall not commence until the application is determined to be complete.

C.

Void if Used in Conflict. Any permit or license issued in conflict with the provisions of this ordinance shall be considered null and void from the date of issue.

A.

ZONING PERMIT. Prior to requesting a BUILDING permit or conducting any of the activities listed below, applicants must apply for and receive a ZONING PERMIT from the ZONING ADMINISTRATOR. The purpose of the ZONING PERMIT is to verify that proposed DEVELOPMENT and construction within the TOWN will conform to the requirements of this ordinance.

1.

A ZONING PERMIT is required in advance of:

a.

The issuance of any BUILDING permit.

b.

Land altering activity preparatory to the construction of a STRUCTURE for which a BUILDING permit is required. For purposes of this ordinance, land altering activities include grading, filling, excavating, and cutting trees.

c.

Improving any LOT by grading, filling, or surfacing or by constructing or enlarging driveways or parking areas.

d.

Constructing or installing UTILITY lines, pipes, or service for any STRUCTURE for which construction is commenced.

e.

Establishing a new use of land.

f.

Changing the use within an existing BUILDING.

g.

Constructing a dock, walkway, or stairs into or within:

i.

Any part of a CRITICAL AREA which is geographically situated in the corporate limits of the TOWN; or

ii.

Seaward of the SCDHEC-OCRM CRITICAL LINE.

2.

A ZONING PERMIT shall not be required for grading, drainage, or construction of roads and utilities that occurs entirely within streets, rights-of-way, and/or designated EASEMENTs when the IMPROVEMENTs have been approved as part of a preliminary or final PLAT pursuant to Article 15 of this ordinance.

3.

Issuance of a ZONING PERMIT will entitle the holder to seek a BUILDING permit from Charleston County upon a showing of compliance with all applicable ordinances and requirements.

4.

A ZONING PERMIT shall expire if a BUILDING permit is not issued within six (6) months of the ZONING PERMIT being issued or, if no BUILDING permit is required, the ZONING PERMIT shall expire if the authorized use or DEVELOPMENT has not commenced within six (6) months.

B.

BUILDING Permit. BUILDING permits are required for all STRUCTUREs constructed, reconstructed, or erected. BUILDING permits shall be applied for and issued by the Charleston County BUILDING Services, pursuant to agreement with the TOWN.

1.

Prerequisite. BUILDING permits shall be issued only to holders of a valid ZONING PERMIT who demonstrate that the proposed STRUCTURE(s) meets all applicable ordinances adopted by the TOWN and other relevant jurisdictions.

2.

Permit Time Limits.

a.

A BUILDING permit shall become invalid unless the work authorized by such permit is not commenced within 180 days after its issuance or once commenced, if construction is discontinued for a period of 180 consecutive days or if more than 180 days pass between inspections.

b.

The ZONING ADMINISTRATOR is authorized to grant, in writing, one (1) or more extensions of time, for periods not to exceed more than 180 days each. Any extension shall be requested in writing and justifiable cause demonstrated.

c.

Any construction started and not completed within the allotted time period of the BUILDING permit, or any approved extension, shall be considered to be in violation of this ordinance and subject to fines or initiation of legal proceedings on behalf of the TOWN to order the removal of such construction in addition to the issuance of fines on a daily basis as allowed by this ordinance.

C.

SIGN Permit. A SIGN permit shall be required to erect, place, modify the STRUCTURE, or convert any portion of a SIGN, including a conversion from temporary to permanent or from non-electronic message SIGN to an electronic message SIGN, unless otherwise provided in Article 13.

1.

Permits shall not be required for ordinary REPAIR and MAINTENANCE of a SIGN. Ordinary REPAIR and MAINTENANCE includes changing light bulbs, painting (provided the SIGN's legend is not changed), and other minor work which does not involve STRUCTURAL ALTERATION or modification of the SIGN face.

2.

Signs otherwise exempt from permits shall be as specified in Table 13-2 of this ordinance.

3.

Applications for SIGN permits shall be filed with the ZONING ADMINISTRATOR.

4.

A SIGN permit shall be valid for a period of six (6) months. If the SIGN for which a permit was issued is not erected within that time, the permit shall expire.

D.

Tree Removal Permit.

1.

Any PERSON desiring to remove or relocate a protected tree shall file an application for a tree removal permit with the ZONING ADMINISTRATOR. If the protected tree is within an area subject to private restrictions of a bona fide property owners' association or REGIME, the ZONING ADMINISTRATOR shall forward the application to such entity for a decision. The ZONING ADMINISTRATOR shall review all other applications.

2.

Trees identified for removal pursuant to an approved site plan shall be marked. Any tree that is not so approved for removal shall not be marked or removed, except pursuant to a separate tree removal permit applied for and issued in accordance with this section.

3.

The tree or trees subject to the removal permit, shall be removed within six (6) months of the date of its issuance or the removal permit shall expire. Upon expiration, the permit shall become null and void and a new permit shall be required.

E.

Encroachment Permit.

1.

An encroachment permit shall be required for any DEVELOPMENT (whether within or outside the corporate limits of the TOWN) which proposes to provide vehicular access to or otherwise impact any PUBLIC STREET or right-of-way within the Seabrook Island Road OVERLAY DISTRICT, or in which the TOWN has any legal right or interests ("PUBLIC STREET or right-of-way"). Impacts shall include vehicular access to or from; drainage to, from, or under any such PUBLIC STREET or right-of-way; and/or utilities (whether owned and/or operated by the TOWN or others) located beneath the surface of any such PUBLIC STREET or right-of-way.

2.

Applicants shall furnish information concerning the proposed encroachment as required by the TOWN and may be required to submit one (1) or more of the following studies at no expense to the TOWN, including paying the cost of a third-party review of such studies:

a.

A TRAFFIC IMPACT ANALYSIS, prepared, to the Town's specifications, by a qualified transportation engineer registered in the State of South Carolina;

b.

A drainage study to the TOWN's specifications which identifies and quantifies drainage from the proposed DEVELOPMENT, including its impact on existing roadway drainage systems and compliance with all applicable provisions of the stormwater regulations;

c.

A study to the TOWN's specifications which identifies and quantifies impact of the proposed DEVELOPMENT on utilities located beneath the surface of any potentially affected PUBLIC STREET or right-of-way.

3.

The completed permit applications, including any required studies, shall be referred to the PLANNING COMMISSION for review and approval prior to issuance of the permit by the ZONING ADMINISTRATOR. In approving issuance of an encroachment permit, the PLANNING COMMISSION may attach such conditions to approval as it deems necessary to protect the interests of the TOWN, PUBLIC STREETs or rights-of-way, drainage system, and utilities, including without limitation requiring the applicant to:

a.

Alter existing PUBLIC STREETs;

b.

Install traffic signs and/or signals;

c.

Install replacements and/or modifications to existing roadway drainage systems;

d.

Protect existing buried utilities, and/or REPAIR and/or REPLACE them, as required; and

e.

Address such other project impacts as routing of construction traffic and days or hours within which construction may occur.

4.

In the alternative, the applicant may be allowed to make payment to the TOWN to defray the entire cost of making the required IMPROVEMENTs or reach agreement regarding sharing the costs.

F.

Temporary Use Permit.

1.

Notwithstanding the district requirements of this ordinance, the PLANNING COMMISSION may approve the issuance of a temporary use permit for temporary events and activities.

2.

In considering a request for a temporary use permit, the PLANNING COMMISSION shall consider whether the proposed use will be established such that there are no detrimental impacts on adjacent properties and that it is situated in a manner that ensures safe and convenient access. In approving a temporary use, the PLANNING COMMISSION may attach such conditions to the temporary use permit as it deems warranted.

3.

A temporary use permit shall be issued for a specified period not to exceed 90 days. Issuance of a temporary use permit shall be at the sole discretion of the PLANNING COMMISSION and the owner shall have no right to the issuance of any such permit. A temporary use permit may be renewed for no more than two (2) additional periods of not more than 60 days each. Temporary use permits may be renewed by the ZONING ADMINISTRATOR under the same terms and conditions as the original temporary use permit.

4.

The following procedures shall be followed for review and approval of temporary use permits:

a.

Applications for a temporary use permit shall be submitted to the ZONING ADMINISTRATOR who may require the applicant to submit such additional information as deemed necessary to review the application.

b.

The ZONING ADMINISTRATOR shall forward the application to the PLANNING COMMISSION with a recommendation. The Commission shall have sole discretion to determine whether or when to act on any temporary use permit request.

5.

Notwithstanding the above specified procedures, the ZONING ADMINISTRATOR shall have authority to Issue temporary use permits for activities having a duration of no more than 10 days provided all other requirements of this ordinance are met.

G.

Certificate of Occupancy. The purpose of the certificate of occupancy is to ensure that new construction projects and/or uses of property, when completed, fully comply with all applicable BUILDING and zoning requirements prior to occupancy of the STRUCTURE or commencement of the use. Failure to conform to all applicable regulations will, upon final completion of a STRUCTURE or installation of a use, result in withholding the certificate of occupancy until full compliance is determined.

1.

No new STRUCTURE, or addition to an existing STRUCTURE, for which a ZONING PERMIT is required may be used or occupied until a certificate of occupancy has been issued. Use shall include residing in, as well as, storing furniture, clothing, or other personal possessions in residential BUILDING STRUCTUREs, including ACCESSORY BUILDINGs; and selling or storing goods, offering any services, or conducting any activity for which the STRUCTURE was intended in any non-residential BUILDING or STRUCTURE.

2.

No certificate of occupancy shall be issued for any STRUCTURE or use until the applicant provides a letter from the Seabrook Island Utility Commission, if applicable, verifying that the applicant has requested necessary water and sewer service for the construction address and paid all necessary fees and/or fulfilled any conditions of service included in the Seabrook Island Utility Commission's "Schedule of Rates, Charges, and Conditions of Water and Sewer Service" in effect at the time of the BUILDING permit application.

Application fees shall be paid at the time the application form and supplemental materials are submitted. The fee amount for each respective application type shall be as provided in Appendix E.

A.

Guarantee Required. As a condition of approval of a SITE DEVELOPMENT PLAN, CONDITIONAL USE, SUBDIVISION, or mixed-use DEVELOPMENT, a financial guarantee may be required of sufficient sum to assure the installation of those features or components of the approved activity or construction that are considered necessary to protect the health, safety, and welfare of the public and of users or inhabitants of the proposed DEVELOPMENT. Those features or components, referred to as "IMPROVEMENTs," may include, but shall not be limited to, streets, curbing, landscaping, fencing, walls, screening, BUFFERs, lighting, drainage facilities, sidewalks, driveways, utilities, and similar items.

B.

Procedure. PERFORMANCE GUARANTEEs shall be processed in the following manner:

1.

COUNCIL, upon recommendation of the ZONING ADMINISTRATOR or PLANNING COMMISSION, as applicable, may require the posting of a PERFORMANCE GUARANTEE to ensure that all required IMPROVEMENTs are competed.

2.

Prior to the issuance of a BUILDING permit, the applicant shall submit an itemized estimate of the cost of the required IMPROVEMENTs which are subject to the PERFORMANCE GUARANTEE. The cost estimate shall be reviewed by the ZONING ADMINISTRATOR who may refer the itemized estimate to engineers, other professionals, or relevant agencies to verify the cost estimates. The amount of the PERFORMANCE GUARANTEE shall be 100 percent of the cost of purchasing materials and installing the required IMPROVEMENTs, plus the cost of necessary engineering and a reasonable amount for contingencies, but not-to-exceed a total of 125 percent of the estimated cost of construction and materials.

3.

The required PERFORMANCE GUARANTEE may be in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the TOWN.

4.

Upon receipt of the required PERFORMANCE GUARANTEE, a BUILDING permit shall be issued for the subject DEVELOPMENT or activity, provided it complies with all other applicable provisions of this ordinance and other applicable ordinances of the TOWN.

5.

The ZONING ADMINISTRATOR, upon the written request of the owner, shall rebate portions of the PERFORMANCE GUARANTEE after determining that the IMPROVEMENTs for which the rebate has been requested have been satisfactorily completed. The portion of the PERFORMANCE GUARANTEE to be rebated shall not exceed the amount stated in the itemized cost estimate for the applicable IMPROVEMENTs.

6.

When all required IMPROVEMENTs have been completed, the owner shall send written notice of completion to the ZONING ADMINISTRATOR. Upon receiving the notice, the ZONING ADMINISTRATOR shall cause an inspection to be made of all the IMPROVEMENTs and approve, partially approve, or reject the IMPROVEMENTs, stating in writing the reasons for any rejections. If partial approval is granted, the cost of the IMPROVEMENT rejected shall be set forth and the owner will be directed to complete the missing items. The TOWN may withhold issuance of the certificate of occupancy until all IMPROVEMENTs are completed.

7.

The ZONING ADMINISTRATOR shall maintain a record of authorized PERFORMANCE GUARANTEEs.

C.

Acceptance of Guarantee of a Government Agency. In lieu of financial guarantees required in these regulations, TOWN COUNCIL may accept the written guarantee of a governmental body to complete required IMPROVEMENTs; provided, the IMPROVEMENTs will be completed within a period acceptable to TOWN COUNCIL.