Sullivans Island City Zoning Code
ARTICLE XIX
ADMINISTRATION AND ENFORCEMENT
Sec. 21-184. Administration officer; powers and duties.
A. Authority of zoning administer. The Zoning Administrator shall be appointed by the Town Council and shall have the authority to administer and enforce the provisions of this Zoning Ordinance. In cases where the Zoning Administrator is not available, the Building Official shall be authorized to sign on behalf of the Zoning Administrator.
B. Powers of zoning administrator. The Zoning Administrator shall have the power to
(1) Review, approve, approve with conditions, or deny any application for a Certificate of Zoning Compliance for
(a) Permitted uses or conditional uses that do not involve exterior construction; and,
(b) Construction that does not require a Building Permit or expand or enlarge the interior living space.
(2) Process applications to the Design Review Board for Certificates of Zoning Compliance and upon approval, issue the certificates;
(3) Process applications to the Design Review Board for Certificates of Appropriateness (HP Historic Overlay District) and upon approval, issue the certificates;
(4) Process applications or appeals to the Board of Zoning Appeals for Special Exceptions, Variances and administrative appeals;
(5) Process applications to the Tree Commission for Category I trees and issue permits or denials at the direction of the Tree Commission;
(6) Review and approve or deny all Category II tree and palmetto permit applications;
(7) Review and approve or deny Certificates of Zoning Compliance for permitted Vacation Rentals;
(8) Review and approve or deny Certificates of Zoning Compliance for signs, parking and other accessory structures and uses as provided for in ARTICLE XV; and,
(9) Review and approve or deny, in collaboration with the Building Official, Certificates of Occupancy; and,
(10) Interpret and enforce the provisions of the Zoning Ordinance.
Sec. 21-185. Certificate of zoning compliance required.
A. No building, sign or other structure shall be erected, moved, added to, or structurally altered without obtaining a Certificate of Zoning Compliance issued by the Zoning Administrator. The Certificate of Zoning Compliance confirms that the improvement is in conformity with the Zoning Ordinance.
B. Any structure being occupied by a new use or business shall first obtain a Certificate of Zoning Compliance that confirms the use is in conformity with the Zoning Ordinance.
Sec. 21-186. Application and procedures for certificate of zoning compliance.
A. Applications. All applications for a Certificate of Zoning Compliance (and Building Permit) shall be accompanied by plans in triplicate, drawn to scale showing the following:
(1) With graphic and written scale indicated;
(2) Surveyed dimensions and shape of the lot to be built upon;
(3) Existing buildings’ square footage, lot coverage, setbacks, elevations and locations and indication of which buildings are to be retained;
(4) Existing location of Category I and II trees and palmettos on site plans with existing buildings and plans showing improvements;
(5) Notation of historic structures (existing plan and proposed plan sheets);
(6) The location and dimensions of the proposed building and/or alterations;
(7) A perspective of proposed Principal Building in comparison to adjacent lots’ Principal Buildings;
(8) Front, side and rear elevation schematic (drawings of the front side and rear of the proposed Principal Building or renovation);
(9) Front, Side and Rear Setbacks, and if applicable, Setbacks from the RC-1 and RC-2 District;
(10) Foundation elevation, enclosure; building height; and if applicable, relationship of building height to elevation of street crown and to adjacent structures;
(11) Building square footage and coverage, impervious surface coverage, street orientation, facade width and depth;
(12) All information related to any proposed accessory structures including any required off-street parking;
(13) FEMA base floor information and elevation of floor joist on 1st floor and finished floor elevation;
(14) Calculations related to windows, doors and porches; location and elevation of site lighting;
(15) Any other calculations or measurements required within the Zoning Ordinance;
(16) Existing or proposed uses of buildings and land;
(17) The number of family living units the building is designed to accommodate;
(18) A reduced set of plans (not actual construction plans) showing the above information that are of a suitable size to be reproduced on a letter size paper for ease of photocopying;
(19) Information related to meeting the required parking;
(20) OCRM 40-Year Setback Line. For a Lot that lies in whole or in part seaward of the OCRM 40-Year Setback Line, plans submitted with the application shall show the location of the OCRM baseline, the OCRM 40-Year Setback Line, and any other OCRM jurisdictional lines established in the field by OCRM staff. Any proposed erection, construction, improvement, alteration or repair seaward of the OCRM 40-Year Setback Line shall be in compliance with OCRM regulations. The applicant shall include with the application written OCRM approval for the activity, where such approval is required by OCRM regulations; and,
(21) The Zoning Administrator or Building Official may require other information to determine conformance with the Zoning Ordinance and other Codes of Sullivan’s Island or the State of South Carolina.
B. Abbreviated Certificate of Zoning Compliance. The Zoning Administrator shall be authorized to prepare an abbreviated Certificate of Zoning Compliance form for certain uses that do not need to submit the extensive level of information required in subsection A above.
C. Approved signature. All plans submitted for review shall be signed by a professional, licensed in the State of South Carolina in architecture, engineering and/or surveying confirming that all calculations and measurements presented herein are accurate to the best of their professional expertise. For projects that do not require Design Review Board approval or a Building Permit, the Zoning Administer may waive the requirement that a licensed professional signature sign the submittal.
D. Coordination with Design Review Board. Procedures for coordinating review of a Certificate of Zoning Compliance with the Design Review Board shall be those described in Article XII.
E. Approval of plans. The Zoning Administrator or Building Official shall return one copy of the plans to the applicant after he or she shall have marked such copy either as approved or disapproved and attested to it by his or her signature on such copy. The Town shall retain the two other original copies of the plans, similarly marked.
F. Expiration of certificate of zoning compliance and building permit. If the work described in any Certificate of Zoning Compliance and Building Permit has not begun within one (1) year from the date of issuance thereof, said certificate and permit shall expire. If work has begun, but after three (3) years of issuance of the Certificate of Zoning Compliance and Building Permit, no Certificate of Occupancy has been issued or the work has not been completed based on a determination of the Zoning Administrator, said Certificate of Zoning Compliance shall expire and a new application shall be required. If a Certificate of Zoning Compliance is required but no Building Permit, the same shall apply.
Sec. 21-187. Certificates of occupancy.
A. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or parts thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Occupancy has been issued by the Zoning Administrator or Building Official stating that the proposed use of the building or land conforms to the requirements of the Town’s Code of Ordinances and is suitable for occupancy or use.
B. A Certificate of Occupancy shall be required for any change of use.
C. No permit for erection, alteration, moving, or repair of any building shall be issued until an application for a Certificate of Occupancy has been made. Such Certificate of Occupancy may include such conditions and safeguards as will protect the safety of the occupants and the public.
D. The Zoning Administrator or Building Official shall maintain a record of all Certificates of Occupancy and a copy shall be furnished upon request of any person.
E. Failure to obtain a Certificate of Occupancy shall be a violation of this Zoning Ordinance, and punishable as provided in this Zoning Ordinance.
Sec. 21-188. Conditional uses and special exceptions.
The Zoning Administrator shall be authorized to issue a Certificate of Zoning Compliance for any conditional use or special exception if it meets the requirements of the Zoning Ordinance and if the special exception has received approval from the Board of Zoning Appeals.
Sec. 21-189. Temporary uses.
Subject to Town Council approval, the Zoning Administrator is authorized to issue a Certificate of Zoning Compliance for temporary uses provided for in ARTICLE XV. Sec. 21-144 and subject to all other applicable provisions of this Ordinance.
Sec. 21-190. Appeal from decision of zoning administrator or other official.
Any person not satisfied with the decision or interpretation of the Zoning Administrator or any other city official or board regarding this Ordinance, may file an Administrative Appeal to the Design Review Board in accordance with Article XII or the Board of Zoning Appeals in accordance with ARTICLE XVIII. Sec. 21-177.
A. The applicant may appeal a determination based upon an interpretation of the Design Standards to the Design Review Board. The Design Review Board shall have final authority to interpret and apply the Design Standards.
B. The applicant may appeal a determination based upon an interpretation of the Zoning Standards to the Board of Zoning Appeals. The Board of Zoning Appeals shall have final authority to interpret and apply the Zoning Standards.
C. In case of any conflict between a Zoning Standard and a Design Standard, or where it is unclear as to the determination being a Zoning or Design Standard, the Board of Zoning Appeals shall have final authority in such appeals.
Sec. 21-191. Complaints regarding violations.
A. The Town of Sullivan’s Island shall provide for the enforcement of the Zoning Ordinance by means of the withholding of a Certificate of Zoning Compliance, a Building Permit or Certificate of Occupancy, or all. The Town may issue stop work orders against any entity not having a proper Certificate of Zoning Compliance or a Building Permit, or both. The Town may refuse to issue a Certificate of Occupancy or repeal the Certificate of Occupancy if it finds the building or structure is not fit for occupancy or is in violation of any of the Town’s ordinances, or both.
B. It shall be unlawful to construct, reconstruct, alter, demolish, change the use of or occupy any land, building, or other structure without first obtaining the appropriate approvals. No permit may be issued or approved unless the requirements of this Zoning Ordinance or any ordinance adopted by the Town are complied with.
C. It shall be unlawful for other officials to issue any permit for the use of any land, building, or structure, or the construction, conversion, demolition, enlargement, movement, or structural alteration of a building or structure without the approval of the Zoning Administrator and/or Building Official.
D. If the Zoning Administrator shall find that any of the provisions of this Zoning Ordinance are being violated, the Zoning Administrator shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Zoning Administrator shall order discontinuances of improper uses of land, buildings, or structures, removal of improper buildings or structures or of illegal additions, alterations, or structural changes, discontinuance of any illegal work being done; or shall take any other action authorized by this Zoning Ordinance to ensure compliance with or to prevent violations of its provisions.
E. Whenever a violation of this Zoning Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Administrator or his/her designee. The compliant shall be immediately investigated and action taken as provided by this Zoning Ordinance.
F. In a case where a building, structure, or land is or is proposed to be used in violation of this Ordinance, the Zoning Administrator or other appropriate administrative officer, Town attorney, or other appropriate authority of the Town or an adjacent or neighboring property owner who would be specially damaged by the violation may in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent the 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.
G. In a case where a building, structure, or land is or is proposed to be used in violation of this Ordinance, the Zoning Administrator or other designated administrative officer may in addition to other remedies issue and serve upon a person pursuing the activity or activities a stop order requiring that entity stop all activities in violation of the Zoning Ordinance.
Sec. 21-192. Penalties for violation.
Any person violating any provision of this Zoning Ordinance shall be guilty of a misdemeanor and, upon conviction, shall be fined and/or imprisoned, as determined by the Municipal Court for each offense, in an amount of no more than $500.00 or imprisonment for 30 days or both. Each day such violation continues shall constitute a separate offense. In addition, the Court may order restitution in an amount not to exceed $5,000.00. In determining the amount of restitution, the judge shall determine and itemize the actual amount of damage or loss in the Order. In addition, the judge may set an appropriate payment schedule. A Municipal Judge may hold a party in contempt for failure to pay the restitution ordered if the judge finds the party has the ability to pay.
Nothing herein contained shall prevent the Zoning Administrator, or other appropriate administrator or officer, Town Attorney, or other appropriate authority of the Town or an adjacent or neighboring property owner who would be specifically damaged by the violation from pursuing any other remedy available as set out hereinabove or in accordance with the laws of the State of South Carolina.