The Zoning Code, including the Official Zoning Map of Westminster, South Carolina, may be amended from time to time by the City Council as herein specified, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the Planning Commission for review and recommendation. The Planning Commission shall have 30 days from public hearing date, within which to submit its report. If the Planning Commission fails to submit a report within the 30-day period, it shall be deemed to have approved the proposed amendment.
(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)
When the public necessity, convenience, general welfare, or good zoning practice justify such action, and after the required review and report by the Planning Commission, the City Council may undertake the necessary steps to amend the Zoning Code.
(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)
(A)
There shall be no limitation to the shape or quality of any parcel that City Council may consider for amendment to the Zoning Code provided the requested district is contiguous to the parcel under consideration. The requirement for being contiguous shall not apply to Government Districts, G-1, G-2, or G-3.
(B)
In order to determine the contiguous nature of properties separated by railroads, streets, street intersections or other such dividing entities within the city, those entities should be "collapsed" thereby making the dividing entity nonexistent.
(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)
Requests to amend the Zoning Code shall be processed in accordance with the following requirements:
(A)
Initiation of amendments. A proposed amendment to the Zoning Code may be initiated by the City Council, the Planning Commission, or by application filed with the Planning Department, or by the owner or owners of the property proposed to be changed, provided, however, that action shall not be initiated for a zoning amendment affecting the same parcel or parcels of property, or any part thereof, and requesting the same change in district classification by a property owner or owners more often than once every 12 months. Initiation of the public hearing procedures commences upon payment of the $75 application fee.
(B)
Application procedure.
(1)
Application forms for amendment requests shall be obtained from the Zoning Administrator. Completed forms, together with an application fee to cover administrative costs, plus any additional information the applicant feels to be pertinent will be filed with the Zoning Administrator. Any communication purporting to be an application for an amendment shall be regarded as mere notice to seek relief until it is made in the form required.
(2)
Applications for amendments must be submitted, in proper form, at least three weeks prior to a Planning Commission meeting in order to be heard at that meeting.
(3)
The Zoning Administrator shall forward application fees to the City Clerk who shall supervise the application of same to the costs of advertising and other administrative expenses.
(C)
Planning Commission review and recommendation.
(1)
The Secretary of the Planning Commission shall transmit all papers and other data submitted by the applicant on behalf of the amendment request to the Planning Commission. The Planning Commission, at a regular meeting, shall review and prepare a report, including its recommendation for transmittal to the City Council. All meetings of the Planning Commission shall be open to the public. At a meeting, any party may appear in person, by agent, or by attorney.
(2)
No member of the Planning Commission shall participate in a matter in which he or she has any pecuniary or special interest.
(3)
Following action by the Planning Commission, all papers, and data pertinent to the application shall be transmitted to the City Council for final action.
(D)
Report of the Planning Commission.
(1)
Following each public hearing the Planning Commission shall hold a regular meeting to review and prepare a written record of the conduct of each public hearing. A copy of the record shall be filed with the City Clerk for the public record and a copy shall accompany the Planning Commission's recommendation of the Mayor and City Council.
(2)
The recommendation of the Planning Commission shall be in written form and should evaluate the proposed zoning amendment by answering the following questions:
(a)
How does the proposed zoning amendment relate to and affect the city's Comprehensive Plan?
(b)
Are development objectives and recommendations of the city's Comprehensive Plan for the area under consideration still valid or have conditions changed to such a degree that deviation from the plan is warranted?
(c)
Will the proposed amendment correct an error or deficiency in the zoning regulations?
(d)
What benefits would the city as a whole receive from development effectuated under the proposed amendment?
(e)
Does the cost-benefit relationship indicate that the proposed zoning amendment would be in the public interest cover the long-term?
(E)
Public hearing by City Council. Before enacting an amendment to the Zoning Code, the City Council shall hold a public hearing. There shall be at least a minimum of 15-days' notice of the time and place of which shall be published in a newspaper of general circulation in the municipality. The property shall also be posted in a prominent place 15 days prior to the date of the public hearing. The adjacent and adjoining property owners shall be notified by first class mail 15 days prior to the public hearing. The City Council may, at its discretion, delegate the power and responsibility to hold the required public hearing to the Planning Commission for any or all amendments. In such cases as the Planning Commission conducts the Public Hearing, the City Council shall not be required to hold another before acting on the recommendation. This is permissive, however, and certainly does not preclude the City Council from conducting its own public hearing on the amendment.
(F)
Changes in the zoning map. Following final action by the City Council, any necessary changes shall be made in the Zoning Map. A written record of the type and date of such change shall be maintained by the Planning Department. Refer to § 151.016.
(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)
Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined up to $200 or up to 30 days in jail or both, as determined by the court for each offense. Each day such violation continues shall constitute a separate offense.
(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)
(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)
(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)
(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)
(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)
The Zoning Code, including the Official Zoning Map of Westminster, South Carolina, may be amended from time to time by the City Council as herein specified, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the Planning Commission for review and recommendation. The Planning Commission shall have 30 days from public hearing date, within which to submit its report. If the Planning Commission fails to submit a report within the 30-day period, it shall be deemed to have approved the proposed amendment.
(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)
When the public necessity, convenience, general welfare, or good zoning practice justify such action, and after the required review and report by the Planning Commission, the City Council may undertake the necessary steps to amend the Zoning Code.
(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)
(A)
There shall be no limitation to the shape or quality of any parcel that City Council may consider for amendment to the Zoning Code provided the requested district is contiguous to the parcel under consideration. The requirement for being contiguous shall not apply to Government Districts, G-1, G-2, or G-3.
(B)
In order to determine the contiguous nature of properties separated by railroads, streets, street intersections or other such dividing entities within the city, those entities should be "collapsed" thereby making the dividing entity nonexistent.
(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)
Requests to amend the Zoning Code shall be processed in accordance with the following requirements:
(A)
Initiation of amendments. A proposed amendment to the Zoning Code may be initiated by the City Council, the Planning Commission, or by application filed with the Planning Department, or by the owner or owners of the property proposed to be changed, provided, however, that action shall not be initiated for a zoning amendment affecting the same parcel or parcels of property, or any part thereof, and requesting the same change in district classification by a property owner or owners more often than once every 12 months. Initiation of the public hearing procedures commences upon payment of the $75 application fee.
(B)
Application procedure.
(1)
Application forms for amendment requests shall be obtained from the Zoning Administrator. Completed forms, together with an application fee to cover administrative costs, plus any additional information the applicant feels to be pertinent will be filed with the Zoning Administrator. Any communication purporting to be an application for an amendment shall be regarded as mere notice to seek relief until it is made in the form required.
(2)
Applications for amendments must be submitted, in proper form, at least three weeks prior to a Planning Commission meeting in order to be heard at that meeting.
(3)
The Zoning Administrator shall forward application fees to the City Clerk who shall supervise the application of same to the costs of advertising and other administrative expenses.
(C)
Planning Commission review and recommendation.
(1)
The Secretary of the Planning Commission shall transmit all papers and other data submitted by the applicant on behalf of the amendment request to the Planning Commission. The Planning Commission, at a regular meeting, shall review and prepare a report, including its recommendation for transmittal to the City Council. All meetings of the Planning Commission shall be open to the public. At a meeting, any party may appear in person, by agent, or by attorney.
(2)
No member of the Planning Commission shall participate in a matter in which he or she has any pecuniary or special interest.
(3)
Following action by the Planning Commission, all papers, and data pertinent to the application shall be transmitted to the City Council for final action.
(D)
Report of the Planning Commission.
(1)
Following each public hearing the Planning Commission shall hold a regular meeting to review and prepare a written record of the conduct of each public hearing. A copy of the record shall be filed with the City Clerk for the public record and a copy shall accompany the Planning Commission's recommendation of the Mayor and City Council.
(2)
The recommendation of the Planning Commission shall be in written form and should evaluate the proposed zoning amendment by answering the following questions:
(a)
How does the proposed zoning amendment relate to and affect the city's Comprehensive Plan?
(b)
Are development objectives and recommendations of the city's Comprehensive Plan for the area under consideration still valid or have conditions changed to such a degree that deviation from the plan is warranted?
(c)
Will the proposed amendment correct an error or deficiency in the zoning regulations?
(d)
What benefits would the city as a whole receive from development effectuated under the proposed amendment?
(e)
Does the cost-benefit relationship indicate that the proposed zoning amendment would be in the public interest cover the long-term?
(E)
Public hearing by City Council. Before enacting an amendment to the Zoning Code, the City Council shall hold a public hearing. There shall be at least a minimum of 15-days' notice of the time and place of which shall be published in a newspaper of general circulation in the municipality. The property shall also be posted in a prominent place 15 days prior to the date of the public hearing. The adjacent and adjoining property owners shall be notified by first class mail 15 days prior to the public hearing. The City Council may, at its discretion, delegate the power and responsibility to hold the required public hearing to the Planning Commission for any or all amendments. In such cases as the Planning Commission conducts the Public Hearing, the City Council shall not be required to hold another before acting on the recommendation. This is permissive, however, and certainly does not preclude the City Council from conducting its own public hearing on the amendment.
(F)
Changes in the zoning map. Following final action by the City Council, any necessary changes shall be made in the Zoning Map. A written record of the type and date of such change shall be maintained by the Planning Department. Refer to § 151.016.
(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)
Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined up to $200 or up to 30 days in jail or both, as determined by the court for each offense. Each day such violation continues shall constitute a separate offense.
(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)
(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)
(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)
(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)
(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)