Walterboro City Zoning Code

A.

The Ordinance shall be known and may be cited as the City of Walterboro Unified Development Ordinance (UDO).

B.

The boundaries of the zoning districts presented in this ordinance are shown on a map entitled Official Zoning Map, City of Walterboro. The Official Zoning Map, together with all explanatory text thereon, is hereby adopted by reference and declared to be part of this Ordinance.

1.

If, in accordance with the provisions of this ordinance and South Carolina Code, changes are made in District boundaries portrayed on the Official Zoning Map, such changes shall be promptly entered on the Map after adoption with two (2) readings at City Council. No amendment to this ordinance which involves information portrayed on the Official Zoning Map becomes official until after such change has been made on the Map.

2.

The Official Zoning Map shall be located in the Walterboro City Hall. This copy shall be the final authority as to the current zoning status of land in the City.

3.

No changes of any nature shall be made on the Official Zoning Map or its explanatory text except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person shall be considered a violation of this ordinance and is punishable as provided by law.

Pursuant to the authority conferred by the General Statutes of South Carolina Code Sections 6-29-710 and 6-29-1120, as amended, this Ordinance is intended to:

• provide for adequate light, air, and open space;

• prevent the overcrowding of land, to avoid undue concentration of population, and to lessen congestion in the streets;

• facilitate the creation of a convenient, attractive, and harmonious community;

• protect and preserve scenic, historic, or ecologically sensitive areas;

• regulate the density and distribution of populations and the uses of buildings, structures and land for trade, industry, residence, recreation, agriculture, forestry, conservation, airports and approaches thereto, water supply, sanitation, protection against floods, public activities, and other purposes;

• facilitate the adequate provision or availability of transportation, police and fire protection, water, sewage, schools, parks, and other recreational facilities, affordable housing, disaster evacuation, and other public services and requirements. "Other public requirements" which the local governing body intends to address by a particular ordinance or action must be specified in the preamble or some other part of the ordinance or action;

• secure safety from fire, flood, and other dangers;

• encourage the development of economically sound and stable municipalities and counties;

• assure the timely provision of required streets, utilities, and other facilities and services to new land developments;

• assure the adequate provision of safe and convenient traffic access and circulation, both vehicular and pedestrian, in and through new land developments;

• assure the provision of needed public open spaces and building sites in new land developments through the dedication or reservation of land for recreational, educational, transportation, and other public purposes;

• assure, in general, the wise and timely development of new areas, and redevelopment of previously developed areas; and

• further the public welfare in any other regard specified by a local governing body,

In accordance with the City of Walterboro's adopted Comprehensive Plan, the City Council of the City of Walterboro does ordain and enact into law the Unified Development Ordinance.

A.

The provisions of this Ordinance shall apply within the municipal boundaries of the City of Walterboro as shown on the official Zoning Map.

B.

Any violation of the previous Zoning Ordinance and Land Development Regulations will continue to be a violation under this Ordinance and be subject to penalties and enforcement under Chapter 10, unless the use, development, construction, or other activity complies with the provisions of this Ordinance, in which case enforcement action shall cease, except to the extent of collecting penalties for violations that occurred before the effective date of this Ordinance.

C.

Any legal nonconformity under the previous Zoning Ordinance and Land Development Regulations will also be a legal nonconformity under this Ordinance, as long as the situation that resulted in the nonconforming status under the previous regulations continues to exist. If a nonconformity under the previous becomes conforming because of the adoption of this Ordinance, then the situation will no longer be considered a nonconformity.

D.

Variances that have received approval prior to the effective date of this Ordinance, shall remain valid until their expiration date. Construction pursuant to such approval may be carried out in accordance with the development standards in effect at the time that approval was granted, provided that the permit or approval remains valid and has not lapsed.

E.

No provision of this Ordinance shall require any change in the plans, construction, or designated use of any structure for which a Certificate of Zoning Compliance or building permit has been issued prior the effective date of this Ordinance, provided that the Certificate of Zoning Compliance permit does not lapse and remains valid.

F.

Any use that was legally established prior to the effective date of this Ordinance, without Special Exception approval and which after the effective date, is located in a zoning district that requires Special Exception approval for the subject use, shall not be considered nonconforming merely as a result of not having secured Special Exception approval. Expansions and modifications of such uses shall be subject to Chapter 13 Nonconformities.

A.

Whenever the regulations of this Ordinance impose more restrictive standards than are required in or under any other statutes, the requirements of this Ordinance shall govern. Whenever the provisions of any other statute require more restrictive standards than are required by this Ordinance, the provisions of such statute shall govern.

B.

All ordinances in conflict with this Ordinance are repealed to the extent necessary to give this Ordinance full force and effect.

C.

Should any section or provision of this Ordinance be declared invalid or unconstitutional by any court or competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.

A.

The regulations adopted pursuant to this Ordinance shall be consistent with the Comprehensive Plan and any specific plans adopted by the City Council. All new developments shall be designed in conformance with adopted plans including but not limited to the Comprehensive Plan, small area plans, land use plans, parks and recreation plans, transportation plans, and school plans.

B.

Public projects including new streets, structures, utilities, square, park, or other public way grounds, or open space or public buildings for any use, whether publicly or privately owned, shall not be constructed or authorized in the City of Walterboro until the location, character, and extent of it have been submitted to the Planning Commission for review and comment as to the compatibility of the proposal with the Comprehensive Plan in accordance with SC Code 6-29-540. In the event that the Planning Commission finds the proposal to be in conflict with the Comprehensive Plan, the Commission shall transmit its findings and the particulars of the nonconformity to the entity proposing the facility. If the entity proposing the facility determines to go forward with the project which conflicts with the Comprehensive Plan, the entity shall publicly state its intention to proceed and the reasons for the action. A copy of this finding must be sent to the City Council, the Planning Commission, and published as a public notice in a newspaper of general circulation at least 30 days prior to awarding a contract or beginning construction. Telephone, water, sewer, and gas utilities, or electric suppliers, utilities and providers, whether publicly or privately owned, whose plans have been approved by the City Council or state or federal regulatory agency or who are acting in accordance with a legislatively delegated right are exempt from this provision. These utilities must submit construction information to the Planning Commission.

Pursuant to the provisions of the Vested Rights Act, Act 287, adopted in 2004 by the South Carolina Legislature, the following standards are established to specify the point at which a development is considered to have obtained a vested right.

A.

A vested right is attached to a development project once the developer or landowner has:

1.

Single-phased developments: Satisfied all conditions of site plan approval placed upon the proposed project by City of Walterboro staff and the Planning Commission.

2.

Multi-phased developments: Satisfied all conditions of site plan approval that are placed on the proposed phase of development by City of Walterboro staff and the Planning Commission.

B.

Such vested right shall extend for an initial period of two (2) years. Within 120 days of expiration of the initial 2-year vesting period, the developer or landowner may request, in writing, to the Administrator a one (1)-year extension of the vesting period. Extensions of vested rights shall be given in one (1)-year increments and shall not exceed five (5) extensions - for a total vesting period of seven (7) years.

C.

Requests for extensions shall be presented to the Planning Commission for consideration. The Planning Commission must approve the annual extension unless an amendment to the land development regulations has been adopted that prohibits approval. Upon expiration of a vested right, a building permit may be issued for development only in accordance with applicable land development regulations.

D.

A site-specific development plan for which a variance, regulation, or special exception is necessary does not confer a vested right until the variance; regulation or special exception is obtained.

E.

Variances or special exceptions approved by the Board of Zoning Appeals prior to Planning Commission approval of a site specific development plan do not create vested rights until the Planning Commission or Planning Department approval of the development plan is obtained and all conditions for approval satisfied.

Requests for development agreements shall be processed pursuant to the South Carolina Code of Laws, Title 6, Chapter 31, as amended. Development agreements do not require Planning Commission review.

These regulations shall become effective on August 14, 2012. Upon such date, these regulations shall supersede, repeal, and replace the City of Walterboro Zoning Ordinance and Land Development Regulations.