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Westminster City Zoning Code

AMENDMENTS

§ 151.335 - AUTHORITY.

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)

§ 151.336 - REQUIREMENTS FOR CHANGE.

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)

§ 151.337 - LIMITATIONS TO PARCELS TO BE REZONED.

(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)

§ 151.338 - PROCEDURE FOR AMENDMENTS.

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)

§ 151.999 - PENALTY.

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)

APPENDIX A: - REQUIREMENTS BY DISTRICT; RR, R-1 ACRE; R-25, R-20, R-15, AND R-6

Zoning
District:
Rural
Residential
R-1 Acre
One-family
R-25
One-family
R-20
One-family
R-15
One-family
R-6
One-family
Minimum
lot per size
Minimum
Area
6 acres 1 acre 25,000 20,000 15,000 6,000
Width in ft. 100 C 100 C 100 C 80 C 70 C 70 C
Minimum yard
setback per
lot in ft.
Front 50 50 50 40 35 5
Side 15 15 15 15 10 10
Rear 40 40 40 40 35 35
Maximum
height of
building in ft.
35 35 35 35 35 35
Maximum
percentage
of lot
coverage by
all buildings
35% 35% 35% 35% 35% 30%
Minimum sq. ft. per
home
1,400 1,400 1,400 1,200 1,800 800
Notes:
A - Side yard setback to be ten feet for the first story and five feet for each story thereafter.
B - Total for both is a minimum of 25 feet.
C - Width of lot to be measured at the front setback line, but in no case is the lot to be less than 25 feet at the right-of-way line.

 

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)

APPENDIX B: - REQUIREMENTS BY DISTRICT; GR, RM, NC

Zoning DistrictGR
Two families
RM
Multiple families
NC
Neighborhood
Commercial
Minimum lot per size Minimum area in
sq. ft.
5,000 15,000 8,000
Width in ft. 60 C 75 C 60
Minimum yard setback per
lot in ft.
Front 30 35 40
Side 10 10 A 10 B
Rear 25 35 20
Maximum height of building in ft. 35 50 40
Maximum percentage of lot
coverage by all buildings
35% 35% NA
Minimum sq. ft. per home 480 NA NA
Notes:
A - Side yard setback to be ten feet for the first story and five feet for each story thereafter.
B - Total for both is a minimum of 25 feet.
C - Width of lot to be measured at the front setback line, but in no case is the lot to be less than 25 feet at the right-of-way line.

 

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)

APPENDIX C: - REQUIREMENTS FOR COMMERCIAL DISTRICTS AND PLANNED UNIT DEVELOPMENTS

Zoning DistrictHC Highway
Commercial
CC Core
Industrial
LI Light
Industrial
PUD Planned
Unit
Developments
Minimum
lot per size
Minimum area
in sq. ft.
5,000 NA 40,000 87,120
Width in ft. 100 NA 100 NA
Minimum yard
setback
per lot in ft.
Front 40 NA 100 NA
Side 10 B NA 50 NA
Rear 10 NA 10 B NA
Maximum height
of building in ft.
40 55 55 35
Maximum percentage
of lot coverage
by all buildings
NA NA NA 35%
Minimum sq. ft.
per home
NA NA NA NA
Notes:
A - Side yard setback to be ten feet for the first story and five feet for each story thereafter.
B - Total for both is a minimum of 25 feet.
C - Width of lot to be measured at the front setback line, but in no case to be less than 25 feet at the right-of-way line.

 

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)

APPENDIX D: - OFF-STREET PARKING REQUIREMENTS

Principal UseRequired Off-Street Parking
Auditorium, theater, places of public assembly One space for each four seats based on maximum
capacity
Auto service station, full service Two spaces for each gasoline pump, plus three spaces
for each service rack or wash rack
Auto service station, self-service Two spaces for each gasoline pump
Auto service station self-service with convenience
store
Two spaces for each gasoline pump plus one space
for each 300 square feet of gross floor area
Child care centers One space for each four children per maximum
capacity
Church One space for each four seats based on maximum
capacity
Dormitory, fraternity or sorority house, or other
group dwelling
One space for each bedroom or sleeping room
Dwelling unit, multi-family One and one-half spaces for each efficiency or one-
bedroom unit; two spaces for each two-bedroom unit
and one additional space for each additional bedroom
Dwelling unit, single-family and two-family Two spaces for each dwelling unit
Financial institution One space per 300 square feet of gross floor area
Funeral home Five spaces minimum, plus one space for each four
seating capacity in the main assembly room
Grocery, convenient One space for each 100 square feet of gross floor
space
Grocery or supermarket One space for each 150 square feet of gross floor
space
Hospital One space for each patient bed, plus one space for
each 300 square feet of office and administrative area
Hotel, motel, or motor court One and one tenth space per rental unit plus
requirement for any uses associated with the
establishment
Industrial, manufacturing, and processing uses One space per 600 square feet of gross floor area
Mobile home park Two spaces for each mobile home space, plus one
space for each two employees
Nursing home One and one tenth space for each patient bed
Office and professional building One space per 250 square feet of gross floor area
Office, medical or dental Five spaces per doctor or dentist
Public or private club, not dispensing alcoholic
beverages
One space for each 300 square feet of gross floor area
Public utility building One space per 300 square feet of gross floor area
Recreation
Bowling alleys Five spaces for each bowling lane
General outdoor recreational areas, parks, and
the like
One space for each 5,000 square feet of land area
Golf course Four spaces for each hole, plus requirements for any
other associated use
Indoor or outdoor swimming pools (except when
built as an accessory to a residential use)
One space for 100 square feet of water area or one
space per four spectator seats, whichever is greater
Softball, baseball, or football fields One space per 3,000 square feet of field area or one
space per six spectator seats, whichever is greater
Tennis courts: Indoor or outdoor (except when
built as an accessory)
Four spaces per court or one space per four spectator
seats, whichever is greater
Residential, for boarding house and short-term
rental use
One space per bedroom, including the bedrooms
belonging to the owner and dependents
Restaurants, all others One space for each 100 square feet of gross floor area
Restaurants, fast-food types including those with
drive-ins and/or distinguished by disposable dishware
One space for each 150 square feet of
gross floor area
Retail store and personal service shops One space per 200 square feet of gross floor area
Sales and service not listed elsewhere One space per 200 square feet of gross floor area
Schools
Colleges or universities Based on comparable building uses as prescribed
elsewhere in this schedule
Elementary and junior high Two spaces per 200 square feet of gross floor area
Senior high, business and vocational One space for each vehicle operated by or for the
school, plus two spaces per classroom, plus two
spaces per office plus one space for every four seats
of maximum seating capacity in the main assembly
room
Shopping center One space for each 200 square feet of gross floor
space
Taverns, discos, night clubs and/or public or private
clubs (dispensing alcoholic beverages)
Parking spaces equal to 30% of capacity in persons as
determined by the fire marshal
Wholesaling, warehousing and distribution
operations
One space per 500 square feet of gross floor area
The parking space requirements for a use not specifically listed above shall be the same as for listed use of similar
characteristics of parking demand generations.

 

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)