Sullivans Island City Zoning Code
ARTICLE XX
ZONING AMENDMENTS
Sec. 21-196. Amending the zoning ordinance and map.
When the public necessity, convenience, general welfare, or good zoning practice justify amending the Zoning Ordinance and/or Official Zoning Map, the Town Council and Planning Commission, may undertake the necessary steps to make such amendments.
Sec. 21-197. Amendment requests.
A. Amendments proposed by individuals. An individual property owner may initiate a zone change amendment by following the required submission requirements in this Article.
B. Amendments proposed by Town Council. The Town Council may initiate an amendment(s) to the Zoning Ordinance and/or Official Zoning Map, at any time. However, no amendment shall become effective unless it shall first have been submitted to the Planning Commission for review and recommendation and holding of a public hearing. The Planning Commission shall make its report and recommendations to the Town Council within sixty (60) days of the submission. If the Planning Commission fails to hold a public hearing as prescribed herein, the Town Council may hold a public hearing on the proposed zoning change. If the Planning Commission fails to submit its report and recommendations within the prescribed period, the Planning Commission shall be deemed to have approved the proposed zoning change.
Sec. 21-198. Amendment requesting a text and/or map change.
In recommending a change to the Zoning Ordinance text or the Official Zoning Map, the Town Council shall submit such request to the Planning Commission for review and recommendation. The Planning Commission will hold a public hearing on the proposed text and/or map change following the required process for notification.
Sec. 21-199. Amendment requesting a zone change.
A. Requests to amend the Zoning Ordinance and/or map shall be processed in accordance with the following requirements;
(1) Requests.
(a) The owner(s) of the property, also referred to as the applicant(s), shall submit a request for a property zone change to the Zoning Administrator.
(b) A property owner(s) shall not initiate action for a zone change affecting the same Lot or Lots of property, or any part thereof, and requesting the same change in district classification more often than once every twelve (12) months.
(2) Application. Application forms for amendment requests shall be obtained from Town Hall. Completed application forms, plus any additional information the applicant(s) feels to be pertinent, shall be filed with the Planning Commission’s designee. All amendment requests shall be submitted on official application forms provided by the Town. Amendment requests submitted on forms not provided by the Town are invalid submissions. All papers and other data submitted by the applicant on behalf of the amendment request shall be transmitted to the Planning Commission.
(3) Fees. All zoning amendment application submissions shall be accompanied by payment of the fee required for such submission. The application shall not be considered as received until such payment is made. Town Council shall set the amount of the fees.
(4) Notice.
(a) At least fifteen (15) days notice of the time and place of the hearing shall be published in a newspaper of general circulation in the Town.
(b) In cases involving rezoning, conspicuous notice shall be posted on or adjacent to the property affected, with at least one such notice being visible from each public thoroughfare that abuts the property.
(c) If the Town has maintained a list of groups that have expressed an interest in being informed of zoning proceedings, notice of such meetings shall be mailed to these groups.
(d) If a landowner whose land is the subject of a proposed amendment will be allowed to present oral or written comments to the Planning Commission, at least ten (10) days’ notice and an opportunity to comment in the same manner shall be given to other interested members of the public, including owners of adjoining property.
(5) Hearing by the Planning Commission.
(a) All meetings of the Planning Commission shall be open to the public. At the public hearing, any party may appear in person or by agent, or by attorney.
(b) No member of the Planning Commission shall participate in a matter in which he has any pecuniary or special interest.
(c) The Planning Commission shall hold a public hearing on the requested zoning amendment. Following the public hearing, the Planning Commission shall review and prepare a report and recommendation, for transmittal to the Town Council. Following action by the Planning Commission, all papers and data pertinent to the application shall be transmitted to the Town Council for final action. When the Planning Commission holds the required public hearing, no public hearing by the Town Council is required.
(6) Legal challenge. No challenge to the adequacy of notice or challenge to the validity of a regulation or map, or amendment to it, whether enacted before or after the effective date of this section, may be made sixty (60) days after the decision of the Town Council if there has been substantial compliance with the notice requirements of this section or with established procedures of the governing authority or the planning commission.
Sec. 21-200. Changes in the Official Zoning Map.
Following final action by the Town Council, any necessary changes shall be made in the Official Zoning Map. A written record of the type and date of such change shall be maintained by the Planning Commission. Until such change is made, no action by the Town Council on map amendments to the Zoning Ordinance shall be considered official.