Chapter 1: Introduction
Article 1.1 Short Title
Article 1.2 Authority
Article 1.3 Effective Date
Article 1.4 Intent & Purpose
Article 1.5 Penalty
Article 1.6 Contempt of Planning Commission or Board of Zoning Appeals
Article 1.7 Injunction Against Violations
Article 1.8 Penalties
Article 1.9 Conflict with Other Ordinances
Article 1.10 Severability Clause
Article 1.11 Minimum Requirements
Article 1.12 Compliance with the Vested Rights Act
Article 1.2 Authority
Article 1.3 Effective Date
Article 1.4 Intent & Purpose
Article 1.5 Penalty
Article 1.6 Contempt of Planning Commission or Board of Zoning Appeals
Article 1.7 Injunction Against Violations
Article 1.8 Penalties
Article 1.9 Conflict with Other Ordinances
Article 1.10 Severability Clause
Article 1.11 Minimum Requirements
Article 1.12 Compliance with the Vested Rights Act
Article 1.1 Short Title
This ordinance shall be known and may be cited as Zoning and Land Development Regulations Ordinance of the Town of Meggett, South Carolina.
Article 1.2 Authority
This Ordinance is adopted pursuant to the statutory authority conferred by Title 4, Chapter 9 and Title 6, Chapter 29 of the Code of Laws of South Carolina, as amended.
Article 1.3 Effective Date
This Ordinance shall take effect on June 22, 2009.
Article 1.4 Intent & Purpose
This ordinance is adopted pursuant to the authority conferred by Title 6, Chapter 29 of the Code of Laws of South Carolina, South Carolina Local Government Comprehensive Planning Enabling Act of 1994, as amended, and drafted in accordance with the Town of Meggett Comprehensive Plan, for the purposes, among others of (a) lessening congestion in the roads and streets; (b) protecting the development of both urban and non-urban areas; (c) securing safety from fire, flood, erosion and other dangers; (d) providing adequate light and air; (e) promoting the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare; (f) encouraging such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate economic and adequate provisions for transportation, communications, roads, airports, water supply, drainage, sanitation, education, recreation or other public requirements; (g) conserving and developing the natural resources; (h) fostering the State's agricultural and other industries; (i) protecting the food supply; (j) guiding the development of the Town in accordance with existing and future needs; (k) preventing the overcrowding of land and the undue concentration of population; (I) protecting scenic areas and preserving historic sites and building; (m) promoting desirable living conditions and the sustained stability of neighborhoods; (n) protecting property against blight and depreciation; (o) securing economy in governmental expenditures; (p) conserving the value of land and buildings; and, (q) encouraging the most appropriate use of land and structures.
Article 1.5 Penalty
Any violation of these regulations will be punished as prescribed by Title 6, Chapter 7 and Title 6, Chapter 29 of the Code of Laws of South Carolina for 1976, as amended.
Article 1.6 Contempt of Planning Commission or Board of Zoning Appeals
In case of contempt by any party, witness, or other person before the Planning Commission or Board of Zoning Appeals, such Board may certify such fact to the circuit court of the county wherein such contempt occurs and the judge of the court, either in term time or vacation, after hearing, may impose such penalty as the facts authorize or require.
Article 1.7 Injunction Against Violations
In case any building or structure is proposed to be erected, constructed, reconstructed, altered, maintained or used or any land is proposed to be used in violation of this ordinance or of any regulation or amendment thereof enacted or adopted by the governing body of the Town under the authority granted by this article, the governing body of the Town, the Town attorney if applicable, or any owner of real estate within the district in which such buildings, structure or land is situated may, in addition to other remedies provided by law, institute an injunction, abatement or any appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.
Article 1.8 Penalties
In case any building or structure is erected, constructed, reconstructed, altered or repaired, converted or maintained or any structure or land is used in violation of this ordinance or in the event of the violation by any person of any of the provisions of this ordinance, such violation in any respect will be a misdemeanor under the laws of the state and the offender, upon conviction, will be punished by a fine not to exceed two hundred dollars or imprisonment of not more than 30 days. Each day that any structure or land is used in violation of this ordinance will constitute a separate offense.
Article 1.9 Conflict with Other Ordinances
Whenever there is, or appears to be, a conflict between any provision of this Ordinance with the provisions of any other lawful ordinance, regulation or resolution, the more restrictive will apply.
Article 1.10 Severability Clause
If any provision of this ordinance is determined to be unconstitutional, void or unenforceable, all other provisions, and the ordinance in its entirety will continue to be and remain in full force and effect.
The provisions of this Ordinance are hereby declared to be valid and enforceable, notwithstanding inadvertent and/or clerical error(s); such error(s) as may exist shall not affect the validity or intent of the associated provisions, nor that of the remainder of the Ordinance provisions hereunder.
The provisions of this Ordinance are hereby declared to be valid and enforceable, notwithstanding inadvertent and/or clerical error(s); such error(s) as may exist shall not affect the validity or intent of the associated provisions, nor that of the remainder of the Ordinance provisions hereunder.
Article 1.11 Minimum Requirements
The issuance of any permit, certificate or approval in accordance with the standards and requirements of this Ordinance shall not relieve the recipient of responsibility for complying with all other applicable requirements of any other town, state or federal agency.
Article 1.12 Compliance with the Vested Rights Act
All approvals are subject to South Carolina State Law, Vested Rights Act, Sections 6-29-1510 through 6-29-1560.