Walterboro City Zoning Code

The purpose of this Chapter is to set forth procedures for amending the text of this Ordinance and the zoning classification of land as shown on the Official Zoning Map. The purpose is not to relieve particular hardships, nor to confer special privileges or rights on any person, but only to make adjustments necessary in light of changed conditions or changes in public policy. Procedures for making amendments to the Unified Development Ordinance text or Zoning Map are also set forth. These decisions should be made in conformity with the City's Comprehensive Plan.

Amendments to the text of this Ordinance or the Official Zoning Map shall follow the approval process outlined below:

Step 1. Pre-Application Meeting with Administrator (optional)

A.

To minimize costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this Ordinance, pre-application consultation between the applicant and the Administrator concerning the application of this Ordinance to the proposed development is recommended.

B.

The Administrator shall review the amendment request for general compliance with the requirements of this Ordinance and consistency with the Comprehensive Plan. The Administrator shall advise the applicant or his authorized agent of the procedures to be followed.

Step 2. Applicant Submits Application

The applicant shall submit the applicable application, fee, and other required materials, where applicable.

Step 3a & b. Administrator and Other Applicable Agency Review

A.

The Administrator and other applicable agencies shall review the application and drawings in accordance with the requirements of this Ordinance and any other applicable requirements.

B.

Other applicable agencies may provide comments to the Administrator regarding the amendment request. The reviewing government agencies and officials may include, but need not be limited to the following: Public Works Department, Public Safety Department, Building Inspector, City Attorney, SCDOT, SCDHEC, Utilities Providers, Health Department, Board of Education, Rural Planning Organization, US Army Corps of Engineers, contracted expertise, and other agencies as needed.

C.

The Administrator shall advise the Planning Commission on the consistency of the amendment request with the Comprehensive Plan and the relationship of the request to the rest of the Unified Development Ordinance.

Step 4. Public Notice

Notice of Planning Commission meetings shall be given in accordance with SC Code Section 30-4-10, et seq. If the applicant requesting the map amendment will be permitted to speak at the Planning Commission meeting regarding the request, then letters notifying the adjacent property owners and other interested parties about the request shall be sent at least 10 days prior to the Planning Commission meeting in accordance with SC Code Section 6-29-760 (B).

Step 5. Planning Commission Review & Recommendation

A.

The Planning Commission shall evaluate the proposed amendment on the consistency of the amendment request with the Comprehensive Plan and the relationship of the request to the rest of the Unified Development Ordinance.

B.

The Planning Commission shall make a recommendation to the City Council to:

1.

Approve the amendment as presented;

2.

Approve the amendment with changes; or

3.

Deny the amendment.

C.

If the Planning Commission fails to make a recommendation within 30 days of the initial review, then the amendment request shall be forwarded to the City Council as a recommendation for approval.

Step 6. Public Notice

Notice of public hearing for amendments shall be given in accordance with SC Code Section 6-29-760(B) as follows:

A.

A notices indicating the time and place of the hearing shall be published in a newspaper of general circulation at least 15 days prior to the hearing.

B.

Notice shall be mailed to the list of groups requesting notice on zoning proceedings.

C.

For map amendments, conspicuous notice shall be posted on or adjacent to the affected property, with one notice visible from each public street bordering the property.

Step 7. City Council First Reading

The City Council shall read the amendment request at a public meeting.

Step 8. City Council Second Reading and Public Hearing

At least six (6) days after the first reading, the City Council shall read the amendment a second time and hold a hearing to accept public comment on the proposed amendment.

Step 9. City Council Votes on Amendment

A.

The City Council shall evaluate the proposed amendment on the consistency of the amendment request with the Comprehensive Plan and the relationship of the request to the rest of the Unified Development Ordinance.

B.

The City Council shall vote to:

1.

Approve the amendment as presented;

2.

Approve the amendment with changes; or

3.

Deny the amendment.

Step 10 Administrator Updates UDO or Official Zoning Map

If the City Council approves the amendment, then the Administrator shall update the UDO or the Official Zoning Map to reflect the approved amendment within five (5) working days of said approval. A written record of the type and date of such change shall be maintained by the Administrator or City Clerk.

( Ord. No. 2015-01 , 3-24-15)

A.

Application for amendment the Official Zoning Map shall not be initiated for the same parcel or parcels of property, or any part thereof more often than once every twelve (12) months.

B.

The Administrator may allow re-submission of such petition within said one (1) year period if he determines that, since the date of action on the prior petition:

1.

There has been a significant change in the zoning district classification of an adjacent piece of property; or

2.

The City Council has amended the Comprehensive Plan or other adopted plan that changes public policy regarding how the property affected by the amendment should be developed;

3.

Construction or expansion of a street, water line, sewer line, or other such facilities has occurred to serve the property and can comfortably accommodate the intensity of development allowed under the proposed classification; or

4.

There has been some other extraordinary change in conditions or circumstances, outside the control of the petitioner, which justifies waiver of the one-year restriction on a new petition; this, however, shall not include a change in the ownership of the subject property.

Any text amendment may be initiated by the City Council or Planning Commission on its own resolution, by a government agency, or by any other person living or owning property within the City or Walterboro in accordance with the procedures set forth herein.

A.

An application form and fee, as set by the City Council, shall be submitted by the applicant to the Administrator. The application shall include a description of the proposed change. The application form and fee shall be waived for any amendment request submitted by a City of Walterboro official or agency acting on behalf of the City of Walterboro. Completed applications shall be forwarded by the Administrator to the Planning Commission at their next regularly scheduled meeting.

B.

A text amendment application shall be submitted to the Administrator at least 15 days prior to the Planning Commission's meeting at which the application is to be considered.

C.

The application shall contain a reference to the specific section, subsection, paragraph or item proposed to be changed, as well as the wording of the proposed change, and the reasons therefore.

A.

Only the City Council, Planning Commission, or property owners of a lot or parcel may request an amendment of the Official Zoning Map, also referred to as a rezoning, for that lot or parcel.

B.

For Planned Development District map amendments, only an owner of a legal or equitable interest in the property may initiate the amendment.

C.

Where City limit boundaries are proposed for change by virtue of annexation, the City Council will request study and receive recommendation from the Walterboro Planning Commission regarding proposed zoning districts for the area to be annexed prior to a referendum for such annexation. No property shall be annexed without a zoning designation.

A.

An application form and fee shall be submitted by the applicant to the Administrator. The application shall include a description of the proposed change. The application form and fee shall be waived for any amendment request submitted by a City of Walterboro official or agency acting on behalf of the City of Walterboro. Completed applications shall be forwarded by the Administrator to the Planning Commission at their next regularly scheduled meeting.

B.

An application for amendment shall be submitted to the Administrator at least 15 days prior to the Planning Commission's meeting at which the application is to be considered.

C.

For all map amendments (rezonings), applications shall contain a statement regarding the consistency of the request with adopted City plans and the surrounding area.

D.

For Planned Development District map amendments, the application shall be accompanied by a description of the use or uses proposed and any conditions being proposed by the applicant. In addition to the application, the applicant shall submit a site- specific plan drawn to meet the requirements of Chapter 12, as applicable.