A.

Ordinance Text Amendment. This ordinance may be amended from time to time by TOWN COUNCIL, either on its own initiative or upon recommendation by the PLANNING COMMISSION, or the ZONING ADMINISTRATOR. The procedures for amending this ordinance shall be as provided in Section 19.2; provided, however, an application form and fee shall not be required.

B.

Map Amendment. The official ZONING MAP may be amended from time to time upon request by any property owner, or by TOWN COUNCIL, either on its own initiative or upon recommendation by the PLANNING COMMISSION, or the ZONING ADMINISTRATOR. In each case, the procedures for amending the official ZONING MAP shall be as provided in Section 19.2; provided, however, if an amendment is initiated by TOWN COUNCIL, the PLANNING COMMISSION, or the ZONING ADMINISTRATOR, an application form and fee shall not be required.

C.

Resubmittal of Map Amendment. No application for a ZONING MAP amendment affecting the same parcel, or part thereof, which has been denied by TOWN COUNCIL, shall be resubmitted within 12 months of the date when the request was first denied. However, if the amendment request is for a different zoning district than the previous request, an application may be accepted.

A.

Application. Any property owner who seeks to amend the zoning designation of his or her property shall file a written application with the ZONING ADMINISTRATOR using a form made available for that purpose, along with the required application fee, as provided in Section 18.3. Only compete applications, containing all required information, exhibits, and the required fee, shall be processed in accordance with the public notice and hearing requirements of this ordinance. An application shall not be withdrawn by the applicant after the legal notification has been processed, except as otherwise provided. All applications shall contain the following, at a minimum:

1.

A legal description and street address of the subject property, together with a property PLAT, survey, or boundary map;

2.

The name, address, and phone number of applicant;

3.

If the applicant is not the property owner, the name, address, and phone number of all property owner(s);

4.

The filing date of the application;

5.

The existing zoning designation of the property, together with the current or most recent use, if any;

6.

The proposed zoning designation of the property, together with the intended use of the property upon rezoning;

7.

A map or description detailing the existing zoning designation and land uses of all adjacent properties;

8.

If, in the opinion of the ZONING ADMINISTRATOR, the proposed zoning designation will allow DEVELOPMENT that is anticipated to generate more than 100 peak hour in-bound or out-bound trips, based on the most recent edition of the Trip Generation Manual published by the Institute of Transportation Engineers (ITE), then a TRAFFIC IMPACT ANALYSIS shall be provided, pursuant to the provisions of Section 8.4.

9.

Any other information deemed relevant by the Zoning Administrator; and

10.

The signature of the applicant and all property owner(s), if different than the applicant, witnessed by the ZONING ADMINISTRATOR or notarized by a duly qualified notary public.

B.

ZONING ADMINISTRATOR Review. The ZONING ADMINISTRATOR shall review all proposed map amendment requests. Applications determined by the ZONING ADMINISTRATOR to be complete shall be forwarded to the PLANNING COMMISSION, along with a recommendation, at least 15 days in advance of the meeting at which the request is to be heard.

C.

Notification of Interested Parties.

1.

If a landowner whose property is the subject of a proposed amendment will be allowed to present oral or written comments to the PLANNING COMMISSION, at least a 10-day notice and opportunity to comment in the same manner must be given to other interested members of the public, including owners of adjoining property.

2.

The ZONING ADMINISTRATOR shall provide notice of the proposed amendment and meeting dates to those individuals, agencies, organizations, or other interested parties that may have expressed an interest in receiving such notifications. The ZONING ADMINISTRATOR shall compile and maintain such a list.

D.

PLANNING COMMISSION Review. The PLANNING COMMISSION shall consider all amendment requests and submit a report and recommendation for action to TOWN COUNCIL within 30 days of receiving the complete application from the ZONING ADMINISTRATOR.

1.

If the PLANNING COMMISSION does not forward its recommendation to TOWN COUNCIL within 30 days, it shall be deemed a recommendation for approval.

2.

However, in the case of a map amendment, the applicant may request, in writing, that the Commission defer making its recommendation for a specified period beyond 30 days. In such instance, the date at which the 30-day period would expire may be extended to an alternate date by mutual agreement of the Town and the applicant.

E.

TOWN COUNCIL Action.

1.

Consideration.

a.

Upon receipt of an application transmitted by the PLANNING COMMISSION for an amendment to the ordinance text or ZONING MAP, along with its recommendation, TOWN COUNCIL shall place the proposal on its agenda for the next scheduled public hearing. TOWN COUNCIL, at its discretion, may authorize the PLANNING COMMISSION to hold a public hearing on a proposed amendment, in which case COUNCIL may elect to consider the amendment proposal without holding a second public hearing.

b.

In accord with S.C. Code of Laws, Section 6-29-760, no change in or departure from the ordinance text or official ZONING MAP, as recommended by the PLANNING COMMISSION, may be made pursuant to the hearing unless the change or departure is first resubmitted to the PLANNING COMMISSION for review and recommendation. COUNCIL shall inform the PLANNING COMMISSION of any substantive changes or departures from the amendment proposal reviewed and recommended by the PLANNING COMMISSION prior to acting, allowing the PLANNING COMMISSION opportunity to make further recommendations.

2.

Public Hearing Notification.

a.

Newspaper. Notice of the time and place for the public hearing shall be published by the ZONING ADMINISTRATOR at least 15 days in advance of the hearing in a newspaper of general circulation in the TOWN. However, for map amendments, no hearing shall take place less than 30 days from the date of filing the application.

b.

Posting of Property. In cases involving a zoning change, conspicuous notice shall be posted on or adjacent to the subject property by the ZONING ADMINISTRATOR, no less than 30 days in advance of the hearing date. At least one (1) such notice shall be visible from each street that abuts the property.

c.

Adjacent Property Owners. In cases involving a zoning change, the ZONING ADMINISTRATOR shall mail written notice of the proposed map amendment to the owners of all real property located within 300 feet of the subject property. All notices which are sent pursuant to the requirements of this subsection shall include the time and place of the public hearing, as well as a brief description of the zoning change request.

i.

The notice shall be given to the owner of the properties as shown on current tax records at least 30 days prior to the date set for a public hearing. If a single STRUCTURE contains more than two (2) DWELLING UNITs, notice may be given to the manager or owner of the STRUCTURE.

ii.

If the subject property is located in an area which is subject to the restrictive covenants of an owners' association or REGIME, notice of the public hearing shall be provided to the association or REGIME, as applicable.

iii.

Notice to a partnership may be made by serving any partner. Notice to a corporation may be made on any officer. Notice to an owners' association or REGIME may be made to a designated officer, manager or contact PERSON.

3.

Final Action.

a.

After a duly advertised public hearing has been conducted, TOWN COUNCIL shall consider all information presented at the public hearing, staff review comments, and the PLANNING COMMISSION recommendation.

b.

TOWN COUNCIL shall have the option of forwarding the proposal and all such information to committee to gain additional facts or seek a resolution of any disputes related to the request. In such cases, TOWN COUNCIL may defer additional action on the application until such committee has reported out on its discussions and made a recommendation on the zoning amendment under consideration.

c.

TOWN COUNCIL may approve or disapprove any application or request for change in zoning. The record of TOWN COUNCIL's final action shall specify COUNCIL's reasons for denial or approval of the proposed text or map amendment and the specific conditions applicable to an amendment approved with conditions.

4.

Effective Date. Any ordinance adopted affecting a change in the text of the Development Standards Ordinance or ZONING MAP shall become effective the day following the COUNCIL meeting at which action has been taken, unless otherwise provided in the enacting ordinance.

In considering amendments to this ordinance or the Official ZONING MAP, the PLANNING COMMISSION and TOWN COUNCIL shall consider each of the following criteria, as applicable:

A.

Text Amendments.

1.

Whether or not the proposed text amendment is consistent with the goals, policies, and future land use recommendations of the TOWN's COMPREHENSIVE PLAN.

2.

The proposed text amendment would clarify the intent of the ordinance.

3.

The proposed text amendment would correct an error or oversight in the ordinance.

4.

The proposed text amendment would address changes in state or federal law, recent case law, or Attorney General opinions.

5.

The proposed text amendment would promote compliance with changes in county, state or federal regulations.

6.

In the event the amendment will add a use to a district, that use shall be fully consistent with the purpose of that district and the character of the other uses provided for within the district.

7.

The amendment will not create incompatible land uses within a zoning district or between adjacent districts.

8.

The proposed text amendment is supported by the findings of reports, studies, or other documentation on functional requirements, contemporary BUILDING practices, environmental requirements, and similar technical items.

9.

As applicable, the proposed change would be consistent with the TOWN's ability to provide adequate public facilities and services.

10.

The proposed change would be consistent with the TOWN's desire to protect the public health, safety, and welfare of the community.

B.

Map Amendments.

1.

Whether the proposed rezoning is consistent with the goals, policies, and future land use recommendations of the TOWN's COMPREHENSIVE PLAN;

2.

Whether the intended use of the property is consistent with the intent and purpose of the district to which the property is proposed to be rezoned;

3.

Whether there are, have been, or are anticipated to be (pursuant to the COMPREHENSIVE PLAN) changing conditions in the surrounding area that would make approval of the proposed rezoning appropriate;

4.

Whether the range and intensity of uses allowed in the proposed zoning district will be compatible with permitted uses and intensities in the surrounding area;

5.

Whether adequate utilities, transportation, drainage, and other public or private infrastructure exist, or can reasonably be made available, to serve the range and intensity of uses allowed in the proposed zoning district;

6.

Whether the range and intensity of uses allowed in the proposed zoning district will exceed the structural capacity of existing soils, and whether the allowable uses can be accommodated within the proposed zoning district without the excessive use of fill;

7.

Whether the range and intensity of uses allowed in the proposed zoning district will substantially increase the volume of stormwater runoff, overburden existing storm drainage infrastructure, or adversely impact surface water quality, when compared to the range and intensity of uses allowed in the current zoning district;

8.

Whether the range and intensity of uses allowed in the proposed zoning district will substantially increase the volume of vehicular and pedestrian traffic, or will adversely impact vehicular and pedestrian safety, when compared to the range and intensity of uses allowed in the current zoning district;

9.

Whether the current zoning district prohibits or unreasonably restricts all economically beneficial use of the property, provided the hardship was not self-imposed by action of the property owner;

10.

Whether the proposed rezoning will encourage commercial uses in areas designated for such activities in the COMPREHENSIVE PLAN;

11.

Whether the proposed rezoning will encourage the preservation of conservation lands, CRITICAL AREAs, natural resource areas, and OPEN SPACEs in areas designated for such activities in the COMPREHENSIVE PLAN;

12.

Whether the proposed zoning district will adversely impact the enjoyment of natural and scenic features by neighboring property owners or the public at large by allowing DEVELOPMENT of a certain size, scale, bulk, height, or type that is substantially out of character with the surrounding area;

13.

Whether the proposed rezoning will threaten the continued presence or integrity of archaeological or historic sites or features;

14.

Whether the range and intensity of uses allowed in the proposed zoning district will adversely impact air and water quality, natural features, sensitive lands, vegetation, or wildlife habitat, when compared to the range and intensity of uses allowed in the current zoning district;

15.

Whether the range and intensity of uses allowed in the proposed zoning district will place a disproportionate burden upon, or otherwise exceed the capacity of, existing community facilities, when compared to the range of uses allowed in the current zoning district;

16.

Whether future DEVELOPMENT on the property, if rezoned, will be accessible to essential public services, including, but not limited to, police, fire, emergency medical services; and sanitation; and

17.

Such other factors as may be deemed appropriate by the PLANNING COMMISSION or TOWN COUNCIL.

A.

Any party in interest may bring action contesting the decision of TOWN COUNCIL on a zoning change request; provided, this subsection does not create any new substantive right in any party.

B.

No challenge to the validity of a regulation or map, or amendment thereto, whether enacted before or after the effective date of this section, may be made 60 days after the decision of TOWN COUNCIL if there has been substantial compliance with public notice requirements or with established procedures of TOWN COUNCIL and the PLANNING COMMISSION.