Walterboro City Zoning Code

CHAPTER 10

- ADMINISTRATION

Section 10.1 - Purpose

The purpose of this Chapter is to set forth the powers and duties of the Administrator, Board of Zoning Appeals, Planning Commission, Historic Preservation Commission, Tree Protection Committee, and City Council as they relate to this Ordinance. This Chapter also establishes the penalties for violation of the UDO.

Section 10.2 - Administrator

It shall be the duty of the Administrator or his designee to administer and enforce the provisions of this Ordinance.

Powers and duties of the Administrator include the following:

Interpreting this UDO and approving/disapproving subdivisions of land and certificates of zoning compliance.

Administering permits and fee collection.

Processing applications to the Planning Commission for rezonings.

Processing applications to the Board of Zoning Appeals for variances and special exceptions.

Maintaining the Official Zoning Map and public records related to zoning.

Investigating and resolving complaints.

Enforcing this Unified Development Ordinance.

Other duties assigned by Ordinance, City Manager, or City Council.

Staffing the Planning Commission, Board of Zoning Appeals, and Historic Preservation Commission.

Appeals from decisions of the Administrator shall be referred to the Board of Zoning Appeals.

Section 10.7 - City Council

The City Council shall hold the following powers and duties related to this Ordinance:

To review, hold public hearings, and make decisions for Text Amendments and Map Amendments to this Ordinance and the Official Zoning Map upon recommendation by the Planning Commission in accordance with Chapter 14; and

To make decisions on any amendments to the Comprehensive Plan, and other land use plans which may be adopted from time to time.

The duties of the City Council in connection with this Ordinance shall not include the hearing and passing upon of disputed questions that may arise in connection with the enforcement thereof, but the procedure for determining such questions shall be as prescribed in this Ordinance. Such matters are to be reviewed by the Board of Zoning Appeals as per Section 10.3.3(A).

Section 10.8 - Violations & Penalties

Any person violating any provision of this Ordinance shall be subject to penalties as set forth in Section 1-7 of the City Code of Walterboro.

If the Administrator shall find that any of the provisions of this Ordinance are being violated, (s)he 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 Administrator shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; and discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.

Any person may file a written complaint whenever a violation of this Ordinance occurs or is alleged to have occurred. Such complaint, stating fully the causes and basis thereof, shall be filed with the Administrator. The Administrator shall properly record such complaint, immediately investigate, and take action as provided by this Ordinance.

The Administrator shall deny a Certificate of Zoning Compliance for any use or work that fails to comply with this Ordinance. The Administrator and/or any other appropriate City official shall withhold all other City permits for work that violates this Ordinance.

The Administrator is authorized to issue a stop work order requiring work to cease until specified code violations are corrected. Failure to comply with a stop work order of the Administrator is a misdemeanor punishable under the general penalty provisions of City code.

Nothing contained in this Section shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

10.3.1 - Membership

The Board shall be composed five (5) persons who are citizens of Walterboro.

All members shall be appointed to staggered terms of three years by the City Council, and after that time until their successors are appointed.

A vacancy in the membership must be filled for the unexpired term by appointment of City Council.

The City may remove any member of the Board for cause. The existence of cause shall be discussed by the Council in executive session as permitted by the Freedom of Information Act, SC Code § 30-4-70(a)(1), and the determination of removal shall be by vote in public session declaring a vacancy in the position without a statement of cause. Any fact, which in the discretion of the Council, is deemed to adversely affect the public interest, including lack of attendance at meetings, may constitute cause.

None of the members shall hold any elected public office or position in the City or Colleton County.

10.3.2 - Procedures

The Board shall elect one of its members chairman, who shall serve for one year or until (s)he is re-elected or his successor is elected and qualified. The Board shall appoint a secretary who may be an officer of the City.

The Board shall adopt rules of procedure in accordance with the provisions of this ordinance.

Meetings of the Board must be held at the call of the chairman and at such other times as the Board may determine. Public notice of all meetings of the Board of Appeals shall be provided by publication in a newspaper of general circulation in the municipality or county.

In cases involving variances or special exceptions 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.

The chairman or, in his or her absence, the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena.

The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which must be immediately filed in the office of the Board and must be a public record.

The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give at least fifteen days' public notice of it in a newspaper of general circulation in the community, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing any party may appear in person or by agent or by attorney.

The Board of Zoning Appeals may, in conformity with the provisions of this Chapter, reverse or affirm, wholly or in part, or may modify the order, requirements, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. The Board in the execution of the duties specified in this Chapter may subpoena witnesses and in case of contempt may certify this fact to the Colleton County circuit court.

All final decisions and orders of the Board must be in writing and be permanently filed in the office of the Board as a public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the Board, which must be delivered to parties of interest by certified mail.

10.3.3 - Powers and Duties

The Board of Zoning Appeals shall function in strict accordance with and pursuant to this Ordinance and shall have the following powers:

Appeals. To hear and decide appeals where it is alleged there is error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this Ordinance.

Appeals to the Board may be taken by any person aggrieved or by any officer, department, Board, or bureau of the City or County.

The appeal must be taken within 30 days of the date the appealing party has received actual notice of the action from which the appeal is taken by filing with the officer from whom the appeal is taken and with the Board of appeals notice of appeal specifying the grounds of it.

The officer from whom the appeal is taken immediately shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In that case, proceedings may not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

Variances. To hear and decide requests for variance from the requirements of this Ordinance when strict application of the provisions of the ordinance would result in unnecessary hardship. Variances shall be approved in accordance with the procedures set forth in Section 11.3.

The Board may not grant a variance the effect of which would be to allow the establishment of a use not otherwise permitted in a zoning district, to extend physically a non-conforming use of land, or to change the zoning district boundaries shown on the official zoning map. The fact that property may be utilized more profitably, should a variance be granted, may not be considered grounds for a variance. Other requirements are prescribed by this zoning ordinance.

The City by ordinance may permit or preclude the granting of a variance for a use of land, a building, or a structure that is prohibited in a given district, and if it does permit such a variance, it may require the affirmative vote of two-thirds of the Board members present and voting. Notwithstanding any other provision of this section, the City may overrule the decision of the Board concerning a use variance.

In granting a variance, the Board may attach to it such conditions regarding the location, character, or other features of the proposed building, structure, or use as the Board may consider advisable to protect established property values in the surrounding area, or to promote the public health, safety, or general welfare.

A variance may be granted in an individual case of unnecessary hardship if the Board makes and explains in writing the following findings:

There are extraordinary and exceptional conditions pertaining to the particular piece of property;

These conditions do not generally apply to other property in the vicinity;

Because of these conditions, the application of the ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property; and

The authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the district will not be harmed by the granting of the variance.

Special Exceptions. To permit uses by special exception subject to the terms and conditions for the uses set forth in the Permitted Uses Table in Section 2.4 as Special Exceptions. Special Exceptions shall be approved in accordance with the procedures set forth in Section 11.3.

10.3.4 - Contempt and Penalty

In case of contempt by a party, witness, or other person before the Board of Zoning Appeals, the Board may certify this fact to the circuit court of the county in which the contempt occurs and the judge of the court, in open court or in chambers, after hearing, may impose a penalty as authorized by law.

10.3.5 - Appeal from the Board of Zoning Appeals

A person who may have a substantial interest in any decision of the Board of appeals or an officer or agent of the appropriate governing authority may appeal from a decision of the Board to the circuit court in and for the County by filing with the Clerk of the Court a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within thirty days after the decision of the Board is mailed.

Upon the filing of the appeal, the clerk of the circuit court shall give immediate notice of it to the secretary of the Board and within 30 days from the time of the notice the Board shall file with the clerk a certified copy of the proceedings held before the Board of appeals, including a transcript of the evidence heard before it, if any, and the decision of the Board including its findings of fact and conclusions.

The filing of an appeal in the circuit court from a decision of the Board shall not ipso facto act as a supersedeas, but the judge of the circuit court may in his discretion grant a supersedeas upon such terms and conditions as may seem reasonable and proper.

At the next term of the circuit court or in chambers, upon 10 days' notice to the parties, the presiding judge of the circuit court of the county shall proceed to hear and pass upon the appeal on the certified record of the Board proceedings. The findings of fact by the Board of Zoning Appeals shall be treated in the same manner as a finding of fact by a jury, and the court may not take additional evidence. In the event the judge determines that the certified record is insufficient for review, the matter may be remanded to the Board of Zoning Appeals for rehearing. In determining the questions presented by the appeal, the court shall determine only whether the decision of the Board is correct as a matter of law.

In the event that the decision of the Board is reversed by the circuit court, the Board is charged with the costs, and the costs must be paid by the governing authority, which established the Board of Zoning Appeals.

10.3.6 - Appeal to the Supreme Court

A party in interest who is aggrieved by the judgment rendered by the circuit court upon the appeal may appeal in the same manner as provided by law for appeals from other judgments of the circuit court in law cases.

10.4.1 - Membership

Membership of the Walterboro Planning Commission shall be as follows:

The Commission shall be composed of five (5) citizens of the City of Walterboro.

All members shall be appointed to four year staggered terms by the City Council, and shall continue to serve after that time until their successors are appointed.

A vacancy in the membership must be filled for the unexpired term by appointment of City Council.

The City may remove any member of the Commission for cause. The existence of cause shall be discussed by the Council in executive session as permitted by the Freedom of Information Act, SC Code § 30-4-70(a)(1), and the determination of removal shall be by vote in public session declaring a vacancy in the position without a statement of cause. Any fact, which in the discretion of the Council, is deemed to adversely affect the public interest, including lack of attendance at meetings, may constitute cause.

None of the members shall hold any elected public office or position in the City or Colleton County.

( Ord. No. 2014-02 , 5-13-14)

10.4.2 - Procedures

Procedures of the Walterboro Planning Commission shall be as follows:

The Commission shall elect one of its members chairman, who shall serve for two years or until (s)he is re-elected or his successor is elected and qualified.

The Commission shall appoint a secretary who may be an officer of the City.

The Commission shall adopt rules of procedure in accordance with the provisions of this Ordinance.

Meetings of the Commission must be held at least once per month, unless there is no business before it.

Meetings may be held at the call of the chairman and at such other times as the Commission may determine.

Public notice of all meetings of the Commission shall be provided to interested citizens.

The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which must be immediately filed in the office of the Commission and must be a public record.

10.4.3 - Powers & Duties

The Planning Commission prepares and periodically makes recommendations of revision to the City of Walterboro Comprehensive Plan, as well as all development plans and programs for the City and all implementation measures required to carry out the goals of the Comprehensive Plan, including:

The Unified Development Ordinance which includes zoning, subdivision, land development, and historic preservation regulations.

The Official Zoning Map.

The Capital Improvements Program. The Commission shall catalog public improvements needed in the City, place them in a logical chronological order, and rank them. An annual list of priority projects should be forwarded to the City Council.

Design waivers in accordance with Section 11.4.

( Ord. No. 2014-02 , 5-13-14)

10.5.1 - Membership

The Historic Preservation Commission shall consist of five (5) qualified members, who shall be appointed by City Council from the following fields or areas:

architecture

history or history education

engineering or construction industry

at large

While any and all citizens of the City of Walterboro are encouraged to participate, those with a specific interest in historical preservation, architecture, and/or education will be given first consideration. Should a professional from the noted fields not be available to serve, City Council may appoint the next most qualified individuals. City residents shall be considered first for positions on the Historic Preservation Commission. Should a qualified city resident not be available to serve under any of the categories, City Council may appoint a non-city resident.

None of the members may hold any other public office or position in the City.

Members shall serve a term of two (2) years. Terms shall be staggered, so that the terms of three (3) members shall expire in each odd-numbered year, and terms of two (2) members shall expire in each even-numbered year.

Members shall serve until their successors are appointed and qualified.

A member who replaces another member in mid-term shall serve out the remainder of the term. Commission members may be appointed to succeed themselves.

Newly appointed members shall have voting privileges beginning with the first regular meeting after their appointment.

Members may be removed at any time by City Council.

Members shall serve without compensation. Reimbursement for actual expenses incurred in the performance of official duties may be reimbursed from budgeted funds pursuant to reimbursement policies and procedures for employees of the City with prior authorization of the City Manager.

10.5.2 - Procedures

As required by S.C. Code Section 6-29-870 (D), the Commission shall:

Hold an annual organization meeting and shall elect a chair and vice-chair from among its members, each of whom shall serve for one year or until he/she is re-elected or his/her successor is elected and qualified;

Appoint a secretary, who may be a City employee designated for this purpose by the City Manager.

Adopt rules of procedure in accordance with the laws of the State of South Carolina; and the Code of Ordinances of the City of Walterboro.

Keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact;

Keep records of its examinations and other official actions, all of which immediately shall be filed at City Hall and shall be maintained as public record; and

The chair or, in the absence of the chair, the vice chair may administer oaths and compel the attendance of witnesses by subpoena.

Meetings of the Commission shall be held monthly if there is business before the Commission. Additional meetings may be held at the call of the chairman and at such other times as the Commission may determine. A quorum, consisting of a majority of the seated members of the Commission, must be present for the conduct of business.

Commission members need to have appropriate knowledge and understanding of historical preservation issues.

10.5.3 - Powers & Duties

The Historic Preservation Commission shall promote the purposes and objectives of this Ordinance by exercising the following powers and functions.

10.5.3.1 General

Generally the Historic Preservation Commission may:

Review and recommend to the Planning Commission and City Council the designation of individual historic properties or districts for inclusion in the Historic Overlay through the map amendment procedures outlined in Chapter 14 of this Ordinance;

Review plans and applications, as hereinafter provided, for all exterior modifications visible from the street, to structures and all new construction within the areas regulated by this ordinance;

Review and approve, approve with modifications, or deny approval for such plans and applications to the Commission, in accordance with the prescribed procedures and guidelines;

Any recommended design guidelines to be utilized by the Commission in the fulfillment of their responsibilities must be approved by City Council;

Delegate its decision making authority to City Staff to approve, approve with conditions, or deny, in whole or in part, applications for a Certificate of Appropriateness;

Define the procedures for such delegated authority in its by-laws issuing a Certificate of Appropriateness;

Take steps to encourage or bring about the preservation of Cultural Resources;

As directed by the City Council, review and comment on land use, housing, redevelopment and other types of planning and programs undertaken by any agency of the City, the county or state as they relate to the Cultural Resources of the City;

Recommend to the City Council the purchase of fee or less-than-fee interests in property for purposes of historic preservation;

Accept preservation easements on behalf of the city for the preservation of Cultural Resources, including the interior of privately-owned buildings or structures;

Investigate and report to the City Council on the use of various federal, state, local or private funding sources and mechanisms available to promote historic preservation;

Promote the preservation and historic character of Cultural Resources, Historic Landmarks and buildings or structures in Historic Districts;

As directed by the City Council, cooperate with local, county, state and federal governments in the pursuit of the objectives of historic preservation;

Identify and report to City Staff any observations of benign neglect of any Cultural Resources, Historic Landmarks and Buildings or Structures in Historic Districts;

Participate in, promote and conduct public information, educational and interpretive programs pertaining to Cultural Resources;

Perform any other functions requested by the City Council; and

10.5.3.2 Historic Resources Inventory

The Historic Preservation Commission shall:

Establish and maintain a list of those Cultural Resources determined by the Commission as being historically significant. The Commission shall also publicize and periodically update this Historic Resources Inventory.

Give notice to the owner of property being considered for inclusion on the Inventory, and if included, mailed notice of the decision shall be provided to said owner. Appeal to the City Council by any party may be filed within 10 days of said notice.

10.5.3.3 Historic Designation

Criteria for Designation. The Historic Preservation Commission shall prepare a local inventory of buildings, structures, objects, cultural resources and sites more than fifty (50) years old or of special significance and make recommendations for historic designation to the City Council based on the following criteria:

A Cultural Resource may be designated a Historic Landmark if it:

Has significant inherent character, interest, or value as part of the development or heritage of the community, state, or nation;

Is the site of an event significant in history;

Is associated with a person or persons who contributed significantly to the culture and development of the community, state, or nation;

Exemplifies the cultural, political, economic, social, ethnic, aesthetic, engineering, architectural or historic heritage of the community, state, or nation;

Individually, or as a collection of resources, embodies distinguishing characteristics of type, style, period, or specimen in architecture or engineering;

Is the work of an architect/designer or master craftsmen whose work has influenced significantly the development of the community, state, or nation;

Contains elements of design, detail, materials, or craftsmanship which represents a community;

Represents an established and familiar visual feature of the neighborhood or community;

Is one of the few remaining examples in the city, region, state or nation possessing distinguishing characteristics of an architectural or historical type or specimen; and

Has yielded, or may be likely to yield, information important to prehistory or history.

A group of Cultural Resources may be designated by the City Council upon the recommendation of the Commission as a Historic District if:

The majority of the properties reflect significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes or distinctive examples of park or community planning; or

The majority of the properties convey a sense of historic or architectural cohesiveness through their design, setting, materials, workmanship or association; or

The majority of the properties have historic significance and retain a high degree of integrity; or

The area in general is associated with a historically significant period in the development of the community or is associated with special historical events; or

The majority of the properties embody distinctive characteristics of a style, type, period or method of construction, or are a valuable example of the use of indigenous materials or craftsmanship; or

The majority of the properties represent the works of notable builders, designers, or architects.

Designation Nomination.

A Historic Landmark or Historic District may be nominated by the City Council, the Historic Preservation Commission, the Planning Commission, the owner of the building (s) or structure (s) to be designated or by an established community-based organization whose purpose is to promote historic preservation.

Any Nomination for a Historic Landmark or a Historic District must initially be brought before the Historic Preservation Commission.

The Historic Preservation Commission will present the findings to the Planning Commission and City Council regarding the designation of individual historic properties or districts for inclusion in the Historic Overlay through the map amendment procedures outlined in Chapter 14 of this Ordinance;

No city permits shall be issued for any reason while a Historic Landmark or Historic District Nomination is pending, except for ordinary maintenance and repair that does not diminish the integrity of the Cultural Resource.

Notification.

Notice of the date, time, place and purpose of the hearing before the Commission shall be given in a newspaper of general circulation not less than 10 days nor more than 30 days prior to the date of the hearing.

For a Historic Landmark, a Nomination Notice shall be mailed to the owner(s) of the property being considered and to property owners within a 300 foot radius of the Nominated Resource, not less than 10 days prior to the hearing date.

For a Historic District, a Nomination Notice shall be mailed to the owner(s) of property within the potential Historic District, not less than 10 days prior to the hearing date.

Designation Hearing. The Commission shall hold a public hearing to discuss the matter. If the Commission votes in support of a Historic Landmark or Historic District designation at the hearing, it shall forward a recommendation to the City Council for the designation of the Nominated Resource(s) as a Historic Landmark or Historic District based on the criteria set forth in this Section and the facts presented in connection with the application.

Designation Resolution.

A Historic Landmark or Historic District shall be designated by a numbered resolution of the City Council. The Council shall consider the facts and findings submitted in the Commission's recommendation.

Each such designating resolution shall include a description of the characteristics of the Historic Landmark or Historic District which justify its designation, a description of the key features that should be preserved, a description of the location and boundaries of the Historic Landmark or Historic District (including assessor parcel numbers) and a map. A list of all Contributing Resources in a Historic District shall be included with the designation resolution.

Notice of Action.

Staff shall transmit a notice of the resolution to the owner(s) of the designated Cultural Resource.

Staff shall also cause a copy of the designating resolution to be recorded in the office of the Register of Deeds.

Notice of the designation shall also be transmitted to the departments of Planning and Codes, Public Safety, Public Works, the assessor and the recorder of Colleton County, and any other interested departments and governmental and civic agencies.

Each city department and division shall incorporate the notice of designation into its records, so that future decisions regarding or affecting any Historic Landmark or Historic District will have been made with the knowledge of the designation, and in accordance with the procedures set forth in this Section.

The Planning Department shall be responsible for keeping records of all Historic Landmark and Historic District designations.

Repeal or Amendment of Designation. The City Council, after recommendation of the Commission, shall consider a repeal or amendment of a previously approved Historic Landmark, Historic District or Contributing Resource in a Historic District designation in the same manner provided by this Section for the designation of the Historic Landmark, Historic District or Contributing Resource if it no longer meets the designation criteria.

10.5.3.3 Design Review

Approve, approve with conditions or deny applications for a Certificate of Appropriateness as provided for in Section 11.5.

Prepare and recommend for City Council approval design guidelines for the review of an application for a Certificate of Appropriateness.

Act as an advisory body to the Planning Commission on design review actions that are final with the Planning Commission and do not require a Certificate of Appropriateness, but which involve Historic or Cultural Resources.

Act as an advisory body to the City Council and provide comments on the impacts of proposed work for any proposed project which requires special considerations [pursuant to Section 106 of the National Historic Preservation Act of 1966, as amended.]

NOTE: Section 106 (16 U.S.C. 470f) The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register. The head of any such Federal agency shall afford the Advisory Council on Historic Preservation established under Title II of this Act a reasonable opportunity to comment with regard to such undertaking.

Render advice and guidance, upon the request of the property owner or occupant, on new construction or on the restoration, alteration, decoration, or maintenance of any Cultural Resource.

10.6.1 - Membership

City Council shall appoint a Tree Protection Committee comprised of seven (7) city residents from the following fields or areas:

landscape design

utility company

forestry

city historic district

at large

Should a city resident not be available to serve under any of the categories, City Council may appoint a non-city resident.

Tree Protection Committee members shall serve two (2) year staggered terms.

The Tree Protection Committee is staffed by the Parks Director.

10.6.2 - Powers & Duties

The Tree Protection Committee shall have the following duties:

Advise the city on needed revisions to Section 6.3 regarding tree protection;

Review and recommend disposition of permit requests not specifically authorized under Section 6.3; and

Review permit requests and advise City Council on appeals filed pursuant to Section 6.3.