Chapter 10: Administration
Article 10.1 Zoning Administrator
Article 10.2 Zoning Permit Required
Article 10.3 Zoning Permit NOT Required
Article 10.4 Information Required for Zoning Permit
Article 10.5 Action or Application Required for Zoning Permit
Article 10.6 Conditions of the Zoning Permit
Article 10.7 Administrative Permits
Article 10.8 Temporary Construction Power
Article 10.9 Board of Zoning Appeals
Article 10.10 Special Exceptions
Article 10.11 Appeals of Zoning-Related Administrative Decisions
Article 10.12 Zoning Variances
Article 10.13 Temporary Use
Article 10.14 Amendments
Article 10.15 Amendment Procedure
Article 10.16 Initiation of Proposals for Zoning Amendments
Article 10.17 Request for Zoning Amendments
Article 10.18 Planning Commission Study
Article 10.19 Report to Town Council
Article 10.20 Public Hearings
Article 10.21 Notice of Hearings
Article 10.22 Re-application, Withdrawals, & One-Year Waiver
Article 10.23 Amendment Request Where Lands or Uses Thereon are in Violation of the Zoning Ordinance
Article 10.24 Proposed Changes to Ordinance
Article 10.25 Application Fees
Article 10.26 Notices
Article 10.27 Site Plan Review
Article 10.2 Zoning Permit Required
Article 10.3 Zoning Permit NOT Required
Article 10.4 Information Required for Zoning Permit
Article 10.5 Action or Application Required for Zoning Permit
Article 10.6 Conditions of the Zoning Permit
Article 10.7 Administrative Permits
Article 10.8 Temporary Construction Power
Article 10.9 Board of Zoning Appeals
Article 10.10 Special Exceptions
Article 10.11 Appeals of Zoning-Related Administrative Decisions
Article 10.12 Zoning Variances
Article 10.13 Temporary Use
Article 10.14 Amendments
Article 10.15 Amendment Procedure
Article 10.16 Initiation of Proposals for Zoning Amendments
Article 10.17 Request for Zoning Amendments
Article 10.18 Planning Commission Study
Article 10.19 Report to Town Council
Article 10.20 Public Hearings
Article 10.21 Notice of Hearings
Article 10.22 Re-application, Withdrawals, & One-Year Waiver
Article 10.23 Amendment Request Where Lands or Uses Thereon are in Violation of the Zoning Ordinance
Article 10.24 Proposed Changes to Ordinance
Article 10.25 Application Fees
Article 10.26 Notices
Article 10.27 Site Plan Review
Article 10.1 Zoning Administrator
The Planning Director or their designee will enforce this ordinance and in furtherance of such authority will:
- Receive and examine applications for zoning permits;
- Approve and issue zoning permits that meet the provisions of this ordinance;
- Keep a record of all applications for zoning permits, including all plats and plans submitted therewith, which record will be open to public inspection during business hours;
- Conduct inspections of structures, land, and the uses thereof to determine compliance with this ordinance;
- Receive, file, forward and administer for the Board of Zoning Appeals the records of all appeals and variances;
- Receive, examine and process all applications for amendment to this ordinance;
- Review, file, and forward to the Board of Zoning Appeals all applications for Special Exceptions;
- Review, approve, and issue Administrative Permits as authorized by this ordinance and maintain records of these permits;
- Maintain permanent and current records of the Zoning Ordinance including, but not limited to, all zoning maps, amendments, conditional uses, variances, appeals, applications and records of hearing.
Article 10.2 Zoning Permit Required
Except as provided in paragraph 9.2, a zoning permit issued by the Planning Department is required in advance of:
- The issuing of a building permit under the applicable Building Codes;
- Excavation preparatory to the construction of a structure for which a building permit is required.
- Improving any zoning lot by grading, filling, or surfacing or by constructing driveways or by construction or enlarging parking areas containing more than six parking spaces in preparation for a new or changed use of the lot.
- Changing the use of any part of a structure or zoning lot, including any increase in the number of families or dwelling units occupying a building or zoning lot.
- Installation of any accessory (on-premise) sign.
- Moving of any house or manufactured home;
- Prior to obtaining a Business License;
- Any earth disturbing activity; or
- Clearing & Grubbing, including grading, drainage, or the construction of roads or utilities in a subdivision.
Article 10.3 Zoning Permit NOT Required
- A zoning permit will not be required with respect to any parcel of land in an Agricultural District or any parcel of land in agricultural usage as of the effective date of this ordinance used for agricultural purposes as the principal use including farming, dairying, pasturage, aquaculture, agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry, forestry, and other uses or enterprises customarily carried on the field of general agriculture including the necessary accessory uses for packing, treating, or storing the produce. The operation of any accessory use will be secondary to that of the normal agricultural activity.
- A zoning permit will not be required in connection with the establishment of electric distribution of transmission lines, water lines, sewer, gas or other pipelines; provided, however, that such facilities will meet any conditions established therefore in this ordinance.
Article 10.4 Information Required for Zoning Permit
§10.4.1 General
In addition to such information as may be required in an application for a building permit, each zoning permit application will be signed by the owner, agent or attorney and will be accompanied by an approved and recorded plat of the lot of record, a site plan in duplicate, drawn to engineer’s scale and approval of the Department of Health and Environmental Control, as applicable. The Planning Department will retain a copy of each for public record.
In addition to such information as may be required in an application for a building permit, each zoning permit application will be signed by the owner, agent or attorney and will be accompanied by an approved and recorded plat of the lot of record, a site plan in duplicate, drawn to engineer’s scale and approval of the Department of Health and Environmental Control, as applicable. The Planning Department will retain a copy of each for public record.
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[A] Lot of Record: An approved and recorded survey of the perimeter of the property containing a Planning Commission approval stamp and County Register of Mesne Conveyance (RMC) recording stamp.
[B] Site Plan: A plan drawn to engineer’s scale containing the following information:
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§10.4.2
An approved South Carolina OCRM permit is required prior to the issuance of a zoning or building permit below the South Carolina OCRM Critical Line.
An approved South Carolina OCRM permit is required prior to the issuance of a zoning or building permit below the South Carolina OCRM Critical Line.
§10.4.3
Where Health Department approval is required for waste disposal system, a copy of their written approval will also be submitted.
Where Health Department approval is required for waste disposal system, a copy of their written approval will also be submitted.
§10.4.4
All plats and plans will bear the signature of the owner, his lawful agent or attorney and will reference the date and application number of the Planning Commission in addition to the book page and date in the Charleston County RMC Office.
All plats and plans will bear the signature of the owner, his lawful agent or attorney and will reference the date and application number of the Planning Commission in addition to the book page and date in the Charleston County RMC Office.
Article 10.5 Action or Application for Zoning Permit
- When the Planning Director receives an application for a zoning permit whose proposed improvement and use described and illustrated does not conform to this ordinance he will not issue a zoning permit, but will return the application, including plan, to the applicant with his denial of the permit. Such denial will state the reasons therefore, and will cite the particular sections of this ordinance with which the application does not comply.
- When the application for a zoning permit includes a request for a variance or is an appeal from an administrative decision, the Planning Director will process the request in compliance with Article 10.24 of this Ordinance.
- When a Special Exception Permit is required, the Planning Director will process the request in compliance with Article 10.10 of this Ordinance.
Article 10.6 Conditions of the Zoning Permit
- After a zoning permit is issued for construction requiring a building permit, the Director of Building Services will issue a building permit when the requirements of the Building Codes have been met.
- After a zoning permit is issued for a use or construction not requiring a building permit, the applicant may proceed to carry out the improvement described in the zoning permit and approved application.
- A zoning permit issued for construction which requires a building permit will be invalid if a building permit is not issued within six (6) months of the zoning permit. A zoning permit issued for use or construction that does not require a building permit will be invalid if the authorized development is not initiated within six (6) months or if the work is suspended or abandoned for a year after its initiation. Extensions of time for periods of ninety (90) days will be allowed in writing by the Building Official for building permits and by the Zoning Administrator for zoning permits. No more than six (6) ninety (90) day extensions will be allowed if applied for in a reasonable time period.
Article 10.7 Administrative Permits
§10.7.1 Construction Permits
[A] The Planning Director may issue construction permits not to exceed a one-year period, provided such uses are in compliance with and are authorized by this ordinance. Permits for the permanent installation will be obtained simultaneously with the Construction Permit.
[B] Construction Permits may be issued for temporary installation of the following, to be located on the same zoning lot upon which the permanent installation is to be located after approval of the Zoning Board:
§10.7.2 Renewal Permits
[A] Renewal of construction permits may be granted for one additional year when it is evident that progress is being made in construction. Extensions beyond the renewal shall be processed as a Conditional Use Permit for Planning Commission review and action.
[B] A Ruth Variance which has been granted initial approval by the Board of Zoning Appeals may be renewed annually subject to written certification by the attending physician and family that the need as initially approved still exists. The termination of a Ruth Variance will be reported to the Zoning Administrator setting forth the circumstances.
§10.7.3 Repair Permits
Where application for a zoning permit is to effect repairs only, the Zoning Administrator, at his discretion, may waiver the requirements of an approved plat, site plan and/or septic tank approval. The work to be performed will be clearly defined in the zoning permit.
[A] The Planning Director may issue construction permits not to exceed a one-year period, provided such uses are in compliance with and are authorized by this ordinance. Permits for the permanent installation will be obtained simultaneously with the Construction Permit.
[B] Construction Permits may be issued for temporary installation of the following, to be located on the same zoning lot upon which the permanent installation is to be located after approval of the Zoning Board:
- manufactured home installation to be used as a residence while the permanent residential structure is being built;
- module or mobile shell for construction office, security guard quarters, use and/or storage of materials related to the construction of the permanent structure;
- module or mobile shell for commercial use while construction of the permanent structure is in progress;
- temporary power permits for the construction of permitted uses.
§10.7.2 Renewal Permits
[A] Renewal of construction permits may be granted for one additional year when it is evident that progress is being made in construction. Extensions beyond the renewal shall be processed as a Conditional Use Permit for Planning Commission review and action.
[B] A Ruth Variance which has been granted initial approval by the Board of Zoning Appeals may be renewed annually subject to written certification by the attending physician and family that the need as initially approved still exists. The termination of a Ruth Variance will be reported to the Zoning Administrator setting forth the circumstances.
§10.7.3 Repair Permits
Where application for a zoning permit is to effect repairs only, the Zoning Administrator, at his discretion, may waiver the requirements of an approved plat, site plan and/or septic tank approval. The work to be performed will be clearly defined in the zoning permit.
Article 10.8 Temporary Construction Power
Temporary electrical power permits will require authorization from the Zoning Administrator prior to such services being provided by the utility companies.
Article 10.9 Board of Zoning Appeals
§10.9.1 Review Authority
The Board of Zoning Appeals does not act in a review or recommending capacity.
§10.9.2 Decision-Making Authority
The Board of Zoning Appeals shall have final decision-making authority on the following matters:
[A] Special Exceptions;
[B] Variances; and
[C] Appeals of Administrative Decisions on Zoning Related Matters.
§10.9.3 Officers, Rules, Meetings, & Minutes
Pursuant to Chapter 29, Title 6 of the Code of Laws of South Carolina § 6-29-790, the Board of Zoning Appeals shall elect one of its members as Chair who shall serve for one year or until re-election or a successor is elected and qualified. The Board of Zoning Appeals shall adopt rules and procedures in accordance with the provisions of this Ordinance not inconsistent with the provisions of Chapter 29 Title 6 of the Code of Laws of South Carolina, as amended. The Board of Zoning Appeals shall appoint a Secretary. The Secretary may be an employee of the Charleston County Planning Department. Meetings of the Board shall be at the call of the Chair and at such other times as the Board of Zoning Appeals may determine. Public notice of all meetings of the Board of Zoning Appeals shall be provided by publication in a newspaper of general circulation in Charleston County. The Board of Zoning Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote. The Board of Zoning Appeals shall maintain records of its examinations and official actions, all of which, upon approval, shall be filed immediately in the office of the Town Clerk. Such records shall be available for public review and inspection during normal business hours.
§10.9.4 Composition
The Board of Zoning Appeals shall consist of five members appointed by the Town Council for terms of four years each, provided, however, that of the initial members of the Board of Zoning Appeals, three members shall be appointed for four year terms and two members shall be appointed for two year terms. Members shall serve until their successors are appointed and qualified. The members of the Board of Zoning Appeals shall serve without compensation from the Town. Any vacancy which may occur on the Board of Zoning Appeals shall be filled by Town Council appointing a successor to serve out the unexpired term of the vacancy. No member of the Board of Zoning Appeals may hold an elected public office in Charleston County.
The Board of Zoning Appeals does not act in a review or recommending capacity.
§10.9.2 Decision-Making Authority
The Board of Zoning Appeals shall have final decision-making authority on the following matters:
[A] Special Exceptions;
[B] Variances; and
[C] Appeals of Administrative Decisions on Zoning Related Matters.
§10.9.3 Officers, Rules, Meetings, & Minutes
Pursuant to Chapter 29, Title 6 of the Code of Laws of South Carolina § 6-29-790, the Board of Zoning Appeals shall elect one of its members as Chair who shall serve for one year or until re-election or a successor is elected and qualified. The Board of Zoning Appeals shall adopt rules and procedures in accordance with the provisions of this Ordinance not inconsistent with the provisions of Chapter 29 Title 6 of the Code of Laws of South Carolina, as amended. The Board of Zoning Appeals shall appoint a Secretary. The Secretary may be an employee of the Charleston County Planning Department. Meetings of the Board shall be at the call of the Chair and at such other times as the Board of Zoning Appeals may determine. Public notice of all meetings of the Board of Zoning Appeals shall be provided by publication in a newspaper of general circulation in Charleston County. The Board of Zoning Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote. The Board of Zoning Appeals shall maintain records of its examinations and official actions, all of which, upon approval, shall be filed immediately in the office of the Town Clerk. Such records shall be available for public review and inspection during normal business hours.
§10.9.4 Composition
The Board of Zoning Appeals shall consist of five members appointed by the Town Council for terms of four years each, provided, however, that of the initial members of the Board of Zoning Appeals, three members shall be appointed for four year terms and two members shall be appointed for two year terms. Members shall serve until their successors are appointed and qualified. The members of the Board of Zoning Appeals shall serve without compensation from the Town. Any vacancy which may occur on the Board of Zoning Appeals shall be filled by Town Council appointing a successor to serve out the unexpired term of the vacancy. No member of the Board of Zoning Appeals may hold an elected public office in Charleston County.
Article 10.10 Special Exceptions
§10.10.1 Application Filing
[A] Applications for Special Exceptions shall be submitted to the Planning Director on forms available in the Planning Department.
Upon submission of a Special Exception application, no additional Special Exception applications shall be accepted for the subject property until the original application has been withdrawn or the Decision-Making Body has rendered its final decision and all applicable time limits on refiling have expired.
[B] Complete applications for Special Exceptions shall be submitted no later than 12:00 p.m. on the Friday, six (6) weeks prior to the regularly scheduled Board of Zoning Appeals meeting. Within 15 days of submittal of the application, staff will determine if the application is complete and can be scheduled for the next available Board of Zoning Appeals meeting.
[C] No application for a Special Exception shall be accepted as complete unless it includes the required fee and the following information:
§10.10.2 Public Hearing Notice
Newspaper, Neighbor, Parties in Interest and Posted notice of the Board of Zoning Appeals' public hearing shall be provided in accordance with the requirements of this Ordinance.
§10.10.3 Planning Director Review & Report
The Planning Director shall review each proposed Special Exception in light of the Approval Criteria of Section 10.10.5 of this Chapter, and if deemed necessary, distribute the application to other agencies and reviewers. Based on the results of those reviews, the Planning Director shall provide a report on the proposed Special Exception to the Board of Zoning Appeals.
§10.10.4 Board of Zoning Appeals Hearing & Decision
[A] The Board of Zoning Appeals shall hold at least one (1) public hearing on the proposed Special Exception. Within a reasonable time after the close of the public hearing, the Board of Zoning Appeals shall approve, approve with conditions or deny the proposed Special Exception based on the Approval Criteria of Section 10.10.5.
[B] A majority of the Board of Zoning Appeals constitutes a quorum.
[C] A majority of the members present and voting are required to approve a Special Exception.
§10.10.5 Approval Criteria
[A] Special Exceptions may be approved only if the Board of Zoning Appeals finds that the proposed use:
[B] In granting a Special Exception, the Board of Zoning Appeals may attach to it such conditions regarding the location, character, or other features of the proposed building or structure as the Board may consider advisable to protect established property values in the surrounding area or to promote the public health, safety, or general welfare.
§10.10.6 Final Decision and Orders
Final decisions and orders of the Board must be in writing and be filed in the Office of the Planning Director as a public record. Final decisions shall be available for public inspection during regular office hours. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the Board which must be delivered to parties in interest by certified mail. As a courtesy notice, the orders of the Board may be sent via U.S. mail to persons on the Neighborhood notice list.
§10.10.7 Notice of Decision
The written final decision shall be mailed to all parties in interest by certified mail and published once in a newspaper of general circulation in the County.
§10.10.8 Appeals
Any person with a substantial interest in a decision of the Board of Zoning Appeals or any officer, board, or bureau of the Town may appeal a final decision of the Board of Zoning Appeals to the Circuit Court of Charleston County. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 calendar days after the decision of the Board of Zoning Appeals is mailed.
§10.10.9 Lapse of Approval
All approvals are subject to South Carolina State Law, Vested Rights Act, Sections 6-29-1510 through 6-29-1560.
[A] Applications for Special Exceptions shall be submitted to the Planning Director on forms available in the Planning Department.
Upon submission of a Special Exception application, no additional Special Exception applications shall be accepted for the subject property until the original application has been withdrawn or the Decision-Making Body has rendered its final decision and all applicable time limits on refiling have expired.
[B] Complete applications for Special Exceptions shall be submitted no later than 12:00 p.m. on the Friday, six (6) weeks prior to the regularly scheduled Board of Zoning Appeals meeting. Within 15 days of submittal of the application, staff will determine if the application is complete and can be scheduled for the next available Board of Zoning Appeals meeting.
[C] No application for a Special Exception shall be accepted as complete unless it includes the required fee and the following information:
- Completed Special Exception application signed by the current property owner(s).
- Applicant’s letter of intent explaining the proposed use and how it meets the Approval Criteria of Section 10.10.5.
- Site plan drawn to an engineer’s scale showing the property dimensions, dimensions and locations of existing and proposed structures and improvements, parking areas, Grand trees, wetlands (properties containing DHEC-OCRM Critical Line areas must, contain an up to date DHEC-OCRM signature on the site plan or plat), holding basins and buffers when applicable. One 24 x 36 copy and one reduced 11 x 17 copy shall be submitted.
- A copy of a legible approved and recorded plat.
- Restrictive covenants affidavit(s) signed by the applicant or current property owner(s) in compliance with State law.
- Any other information that the Planning Director determines is necessary to make an informed decision as to whether the application complies with the standards required by Article 10.10.
§10.10.2 Public Hearing Notice
Newspaper, Neighbor, Parties in Interest and Posted notice of the Board of Zoning Appeals' public hearing shall be provided in accordance with the requirements of this Ordinance.
§10.10.3 Planning Director Review & Report
The Planning Director shall review each proposed Special Exception in light of the Approval Criteria of Section 10.10.5 of this Chapter, and if deemed necessary, distribute the application to other agencies and reviewers. Based on the results of those reviews, the Planning Director shall provide a report on the proposed Special Exception to the Board of Zoning Appeals.
§10.10.4 Board of Zoning Appeals Hearing & Decision
[A] The Board of Zoning Appeals shall hold at least one (1) public hearing on the proposed Special Exception. Within a reasonable time after the close of the public hearing, the Board of Zoning Appeals shall approve, approve with conditions or deny the proposed Special Exception based on the Approval Criteria of Section 10.10.5.
[B] A majority of the Board of Zoning Appeals constitutes a quorum.
[C] A majority of the members present and voting are required to approve a Special Exception.
§10.10.5 Approval Criteria
[A] Special Exceptions may be approved only if the Board of Zoning Appeals finds that the proposed use:
- Is consistent with the recommendations contained in the Town of Meggett Comprehensive Plan and the character of the underlying zoning district, as indicated in the zoning district “Description”;
- Is compatible with existing uses in the vicinity and will not adversely affect the general welfare or character of the immediate community;
- Adequate provision is made for such items as: setbacks, buffering (including fences and/or landscaping) to protect adjacent properties from the possible adverse influence of the proposed use, such as noise, vibration, dust, glare, odor, traffic congestion and similar factors;
- Where applicable, will be developed in a way that will preserve and incorporate any important natural features;
- Complies with all applicable rules, regulations, laws and standards of this Ordinance, including but not limited to any use conditions, zoning district standards, or Site Plan Review requirements of this Ordinance; and
- Vehicular traffic and pedestrian movement on adjacent roads shall not be hindered or endangered.
[B] In granting a Special Exception, the Board of Zoning Appeals may attach to it such conditions regarding the location, character, or other features of the proposed building or structure as the Board may consider advisable to protect established property values in the surrounding area or to promote the public health, safety, or general welfare.
§10.10.6 Final Decision and Orders
Final decisions and orders of the Board must be in writing and be filed in the Office of the Planning Director as a public record. Final decisions shall be available for public inspection during regular office hours. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the Board which must be delivered to parties in interest by certified mail. As a courtesy notice, the orders of the Board may be sent via U.S. mail to persons on the Neighborhood notice list.
§10.10.7 Notice of Decision
The written final decision shall be mailed to all parties in interest by certified mail and published once in a newspaper of general circulation in the County.
§10.10.8 Appeals
Any person with a substantial interest in a decision of the Board of Zoning Appeals or any officer, board, or bureau of the Town may appeal a final decision of the Board of Zoning Appeals to the Circuit Court of Charleston County. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 calendar days after the decision of the Board of Zoning Appeals is mailed.
§10.10.9 Lapse of Approval
All approvals are subject to South Carolina State Law, Vested Rights Act, Sections 6-29-1510 through 6-29-1560.
Article 10.11 Appeals of Zoning-Related Administrative Decisions
§10.11.1 Authority
The Board of Zoning Appeals shall be authorized to hear and decide appeals only on zoning-related matters where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the administration or enforcement of any of the zoning-related regulations of this Ordinance. The Board of Zoning Appeals shall have no authority to hear or decide appeals from administrative decisions made pursuant to the Subdivision Regulations.
§10.11.2 Right to Appeal
Appeals of Administrative Decisions on zoning-related matters may be filed by any officer, board, or bureau of the Town, or by any person with a substantial interest in a decision of an administrative official.
§10.11.3 Application Filing; Timing
Applications for Appeals of Administrative Decisions on zoning-related matters shall be submitted to the Planning Director on forms available in the Planning Department. Appeals of Administrative Decisions to grant or deny a Zoning Permit shall be filed within 30 calendar days from the date of the Administrative Decision.
§10.11.4 Effect of Filing
Any permits, decisions or determinations which are the subject of an appeal shall be temporarily suspended upon filing a complete application for an appeal, unless the official responsible for issuing the permit or making the decision or determination which is being appealed certifies to the Board of Zoning Appeals, after the appeal is filed, that because of facts stated in the certification, a stay would cause immediate peril to life or property. In such case, action upon any such permits, decisions or determinations shall not be stayed other than by a restraining order, which may be granted by the Board of Zoning Appeals or by a court of record upon proper notice and hearing. However, in the absence of a certification that a stay would cause immediate peril to life or property, any work purported to be undertaken pursuant to an appealed permit, decision or determination after actual notice of the appeal has been received shall be subject to Chapter 11, Violations, Penalties, and Enforcement, of this Ordinance.
§10.11.5 Record of Administrative Decision
The official whose decision is being appealed shall transmit to the Board of Zoning Appeals all papers constituting the record upon which the action appealed is taken.
§10.11.6 Public Hearing Notice
Newspaper, Neighbor, Parties in Interest and Posted Notice of the Board of Zoning Appeals' public hearing shall be provided in accordance with the requirements of this Ordinance.
§10.11.7 Board of Zoning Appeals Review & Action
[A] The Board of Zoning Appeals shall hold at least one public hearing on the appeal, and within a reasonable time following the close of the public hearing, take final action based on the procedures and requirements of this Section.
[B] In exercising the appeal power, the Board of Zoning Appeals shall have all the powers of the official from whom the appeal is taken, and the Board of Zoning Appeals may reverse or affirm, wholly or in part, or may modify the decision being appealed.
[C] If the Board of Zoning Appeals determines that it is necessary to obtain additional evidence in order to resolve the matter, it shall remand the appeal to the official from whom the appeal is taken, with directions to obtain such evidence and to reconsider the decision in light of such evidence, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct issuance of a permit. The Board of Zoning Appeals in execution of the duties specified in this Chapter may subpoena witnesses and in case of contempt may certify this fact to the circuit court having jurisdiction.
[D] A quorum of the Board of Zoning Appeals shall be achieved when the number of members in attendance equals more than ½ of the total membership of the Board of Zoning Appeals. At least 2/3 of the members present and voting shall be required to reverse any order, requirement, decision, or determination of any administrative officer or agency.
§10.11.8 Approval Criteria; Findings of Fact
An appeal shall be sustained only if the Board of Zoning Appeals finds that the administrative official erred. The decision of the Board of Zoning Appeals shall be accompanied by specific, written findings of fact and conclusions of law clearly stating the reason for the decision. Those written findings shall be delivered to parties in interest by certified mail, published once in a newspaper of general circulation in the County, and permanently filed in the Planning Department.
§10.11.9 Appeals
Any person with a substantial interest in a decision of the Board of Zoning Appeals or any officer, board, or bureau of the Town may appeal a final decision of the Board of Zoning Appeals to the Circuit Court of Charleston County. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 calendar days after the decision of the Board of Zoning Appeals is mailed.
The Board of Zoning Appeals shall be authorized to hear and decide appeals only on zoning-related matters where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the administration or enforcement of any of the zoning-related regulations of this Ordinance. The Board of Zoning Appeals shall have no authority to hear or decide appeals from administrative decisions made pursuant to the Subdivision Regulations.
§10.11.2 Right to Appeal
Appeals of Administrative Decisions on zoning-related matters may be filed by any officer, board, or bureau of the Town, or by any person with a substantial interest in a decision of an administrative official.
§10.11.3 Application Filing; Timing
Applications for Appeals of Administrative Decisions on zoning-related matters shall be submitted to the Planning Director on forms available in the Planning Department. Appeals of Administrative Decisions to grant or deny a Zoning Permit shall be filed within 30 calendar days from the date of the Administrative Decision.
§10.11.4 Effect of Filing
Any permits, decisions or determinations which are the subject of an appeal shall be temporarily suspended upon filing a complete application for an appeal, unless the official responsible for issuing the permit or making the decision or determination which is being appealed certifies to the Board of Zoning Appeals, after the appeal is filed, that because of facts stated in the certification, a stay would cause immediate peril to life or property. In such case, action upon any such permits, decisions or determinations shall not be stayed other than by a restraining order, which may be granted by the Board of Zoning Appeals or by a court of record upon proper notice and hearing. However, in the absence of a certification that a stay would cause immediate peril to life or property, any work purported to be undertaken pursuant to an appealed permit, decision or determination after actual notice of the appeal has been received shall be subject to Chapter 11, Violations, Penalties, and Enforcement, of this Ordinance.
§10.11.5 Record of Administrative Decision
The official whose decision is being appealed shall transmit to the Board of Zoning Appeals all papers constituting the record upon which the action appealed is taken.
§10.11.6 Public Hearing Notice
Newspaper, Neighbor, Parties in Interest and Posted Notice of the Board of Zoning Appeals' public hearing shall be provided in accordance with the requirements of this Ordinance.
§10.11.7 Board of Zoning Appeals Review & Action
[A] The Board of Zoning Appeals shall hold at least one public hearing on the appeal, and within a reasonable time following the close of the public hearing, take final action based on the procedures and requirements of this Section.
[B] In exercising the appeal power, the Board of Zoning Appeals shall have all the powers of the official from whom the appeal is taken, and the Board of Zoning Appeals may reverse or affirm, wholly or in part, or may modify the decision being appealed.
[C] If the Board of Zoning Appeals determines that it is necessary to obtain additional evidence in order to resolve the matter, it shall remand the appeal to the official from whom the appeal is taken, with directions to obtain such evidence and to reconsider the decision in light of such evidence, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct issuance of a permit. The Board of Zoning Appeals in execution of the duties specified in this Chapter may subpoena witnesses and in case of contempt may certify this fact to the circuit court having jurisdiction.
[D] A quorum of the Board of Zoning Appeals shall be achieved when the number of members in attendance equals more than ½ of the total membership of the Board of Zoning Appeals. At least 2/3 of the members present and voting shall be required to reverse any order, requirement, decision, or determination of any administrative officer or agency.
§10.11.8 Approval Criteria; Findings of Fact
An appeal shall be sustained only if the Board of Zoning Appeals finds that the administrative official erred. The decision of the Board of Zoning Appeals shall be accompanied by specific, written findings of fact and conclusions of law clearly stating the reason for the decision. Those written findings shall be delivered to parties in interest by certified mail, published once in a newspaper of general circulation in the County, and permanently filed in the Planning Department.
§10.11.9 Appeals
Any person with a substantial interest in a decision of the Board of Zoning Appeals or any officer, board, or bureau of the Town may appeal a final decision of the Board of Zoning Appeals to the Circuit Court of Charleston County. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 calendar days after the decision of the Board of Zoning Appeals is mailed.
Article 10.12 Zoning Variances
§10.12.1 Applicability; Limitations
The Board of Zoning Appeals shall be authorized to approve Zoning Variances to any zoning-related dimensional, design or performance standard set forth in this Ordinance, provided that the Approval Criteria of Section 10.12.6 are met and provided that such Zoning Variance does not have the effect of:
[A] Permitting a use, activity, business or operation that is not otherwise allowed by the Use Regulations of the underlying zoning district;
[B] Allowing the physical extension of a Nonconforming Use, except as expressly allowed in Chapter 2;
[C] Increasing the density of a residential use above that permitted by the underlying district;
[D] Varying the sign regulations of this Ordinance;
[E] Varying or waiving the Subdivision Regulations; or
[F] Varying or waiving any other standard of this Ordinance that is expressly stated as being ineligible for a Zoning Variance.
§10.12.2 Application Filing
[A] Applications for Zoning Variances shall be submitted to the Planning Director on forms available in the Planning Department.
[B] Complete applications for Zoning Variances shall be submitted no later than 12:00 p.m. on the Friday, six (6) weeks prior to the regularly scheduled Board of Zoning Appeals meeting. Within 15 days of submittal of the application, staff will determine if the application is complete and can be scheduled for the next available Board of Zoning Appeals meeting.
[C] No Application for a Zoning Variance shall be accepted as complete unless it includes the required fee and the following information:
[D] All proposed Zoning Variances, except single family residential development, shall satisfy the Site Plan Review process. Applicants shall attend at least one (1) Site Plan Review meeting prior to submitting an application for a Zoning Variance.
§10.12.3 Public Hearing Notice
Newspaper, Neighbor, Parties in Interest and Posted notice of the Board of Zoning Appeals' public hearing shall be provided in accordance with the requirements of this Ordinance.
§10.12.4 Planning Director Review & Report
The Planning Director shall review each proposed Zoning Variance in light of the Approval Criteria of Section 10.12.6, and if deemed necessary, distribute the application to other agencies and reviewers. The Planning Director shall provide a report on the proposed Zoning Variance to the Board of Zoning Appeals.
§10.12.5 Board of Zoning Appeals Hearing & Decision
The official whose decision is being appealed shall transmit to the Board of Zoning Appeals all papers constituting the record upon which the action appealed is taken.
[A] The Board of Zoning Appeals shall hold at least one (1) public hearing on the proposed Zoning Variance. Within a reasonable time after the close of the public hearing, the Board of Zoning Appeals shall approve, approve with conditions or deny the proposed Zoning Variance based on the Approval Criteria of Section 10.12.6.
[B] A majority of the Board of Zoning Appeals constitutes a quorum.
[C] At least 2/3 of the members present and voting are required to approve a Zoning Variance.
§10.12.6 Approval Criteria
[A] The Board of Zoning Appeals has the authority to hear and decide appeals for a Zoning Variance when strict application of the provisions of this Ordinance would result in unnecessary hardship.
[B] A Zoning Variance may be granted in an individual case of unnecessary hardship if the Board of Zoning Appeals makes and explains in writing the following findings:
[C] In granting a variance, the Board of Zoning Appeals may attach to it such conditions regarding the location, character, or other features of the proposed building or structure as the Board may consider advisable to protect established property values in the surrounding area or to promote the public health, safety, or general welfare.
§10.12.7 Final Decisions & Orders
Final decisions and orders of the Board must be in writing and be filed in the Office of the Planning Director as a public record. Final decisions shall be available for public inspection during regular office hours. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the Board which must be delivered to parties in interest by certified mail. As a courtesy notice, the orders of the Board may be sent via U.S. mail to Neighborhood notice list.
§10.12.8 Notice of Decision
The written final decision shall be mailed to all parties in interest by certified mail and published once in a newspaper of general circulation in the County.
§10.12.9 Appeals
Any person with a substantial interest in a decision of the Board of Zoning Appeals or any officer, board, or bureau of the Town may appeal a final decision of the Board of Zoning Appeals to the Circuit Court of Charleston County. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 calendar days after the decision of the Board of Zoning Appeals is mailed.
§10.12.10 Lapse of Approval
All approvals are subject to South Carolina State Law, Vested Rights Act, Sections 6-29-1510 through 6-29-1560.
The Board of Zoning Appeals shall be authorized to approve Zoning Variances to any zoning-related dimensional, design or performance standard set forth in this Ordinance, provided that the Approval Criteria of Section 10.12.6 are met and provided that such Zoning Variance does not have the effect of:
[A] Permitting a use, activity, business or operation that is not otherwise allowed by the Use Regulations of the underlying zoning district;
[B] Allowing the physical extension of a Nonconforming Use, except as expressly allowed in Chapter 2;
[C] Increasing the density of a residential use above that permitted by the underlying district;
[D] Varying the sign regulations of this Ordinance;
[E] Varying or waiving the Subdivision Regulations; or
[F] Varying or waiving any other standard of this Ordinance that is expressly stated as being ineligible for a Zoning Variance.
§10.12.2 Application Filing
[A] Applications for Zoning Variances shall be submitted to the Planning Director on forms available in the Planning Department.
[B] Complete applications for Zoning Variances shall be submitted no later than 12:00 p.m. on the Friday, six (6) weeks prior to the regularly scheduled Board of Zoning Appeals meeting. Within 15 days of submittal of the application, staff will determine if the application is complete and can be scheduled for the next available Board of Zoning Appeals meeting.
[C] No Application for a Zoning Variance shall be accepted as complete unless it includes the required fee and the following information:
- Completed Zoning Variance Application signed by the current property owner(s).
- Applicant’s letter of intent explaining the requested Zoning Variance and how it meets the Approval Criteria of Section 10.12.6.
- Site plan drawn to engineers scale showing the property dimensions, dimensions and locations of existing and proposed structures and improvements, parking areas, Grand trees, wetlands, (properties containing DHEC-OCRM Critical Line areas must contain an up to date DHEC-OCRM signature on the site plan or plat) holding basins and buffers when applicable. One 24 x 36 copy and one reduced 11 x 17 copy shall be submitted.
- A copy a legible approved and recorded plat.
- Restrictive covenants affidavit(s) signed by the applicant or current property owner(s) in compliance with state law.
- Any other information that the Planning Director determines is necessary to make an informed decision as to whether the application complies with the standards required by Article 10.12.
[D] All proposed Zoning Variances, except single family residential development, shall satisfy the Site Plan Review process. Applicants shall attend at least one (1) Site Plan Review meeting prior to submitting an application for a Zoning Variance.
§10.12.3 Public Hearing Notice
Newspaper, Neighbor, Parties in Interest and Posted notice of the Board of Zoning Appeals' public hearing shall be provided in accordance with the requirements of this Ordinance.
§10.12.4 Planning Director Review & Report
The Planning Director shall review each proposed Zoning Variance in light of the Approval Criteria of Section 10.12.6, and if deemed necessary, distribute the application to other agencies and reviewers. The Planning Director shall provide a report on the proposed Zoning Variance to the Board of Zoning Appeals.
§10.12.5 Board of Zoning Appeals Hearing & Decision
The official whose decision is being appealed shall transmit to the Board of Zoning Appeals all papers constituting the record upon which the action appealed is taken.
[A] The Board of Zoning Appeals shall hold at least one (1) public hearing on the proposed Zoning Variance. Within a reasonable time after the close of the public hearing, the Board of Zoning Appeals shall approve, approve with conditions or deny the proposed Zoning Variance based on the Approval Criteria of Section 10.12.6.
[B] A majority of the Board of Zoning Appeals constitutes a quorum.
[C] At least 2/3 of the members present and voting are required to approve a Zoning Variance.
§10.12.6 Approval Criteria
[A] The Board of Zoning Appeals has the authority to hear and decide appeals for a Zoning Variance when strict application of the provisions of this Ordinance would result in unnecessary hardship.
[B] A Zoning Variance may be granted in an individual case of unnecessary hardship if the Board of Zoning Appeals makes and explains in writing the following findings:
- There are extraordinary and exceptional conditions pertaining to the particular piece of property;
- These conditions do not generally apply to other property in the vicinity;
- Because of these conditions, the application of this Ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property;
- The authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the zoning district will not be harmed by the granting of the variance;
- The Board of Zoning Appeals shall not grant a variance the effect of which would be to allow the establishment of a use not otherwise permitted in a zoning district, to extend physically a Nonconforming Use of land, or to change the zoning district boundaries shown on the Official Zoning Map. The fact that property may be utilized more profitably if a Zoning Variance is granted shall not be considered grounds for granting a Zoning Variance.
- The need for the variance is not the result of the applicant's own actions; and
- Granting of the variance does not substantially conflict with the Comprehensive Plan or the purposes of this Ordinance.
[C] In granting a variance, the Board of Zoning Appeals may attach to it such conditions regarding the location, character, or other features of the proposed building or structure as the Board may consider advisable to protect established property values in the surrounding area or to promote the public health, safety, or general welfare.
§10.12.7 Final Decisions & Orders
Final decisions and orders of the Board must be in writing and be filed in the Office of the Planning Director as a public record. Final decisions shall be available for public inspection during regular office hours. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the Board which must be delivered to parties in interest by certified mail. As a courtesy notice, the orders of the Board may be sent via U.S. mail to Neighborhood notice list.
§10.12.8 Notice of Decision
The written final decision shall be mailed to all parties in interest by certified mail and published once in a newspaper of general circulation in the County.
§10.12.9 Appeals
Any person with a substantial interest in a decision of the Board of Zoning Appeals or any officer, board, or bureau of the Town may appeal a final decision of the Board of Zoning Appeals to the Circuit Court of Charleston County. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 calendar days after the decision of the Board of Zoning Appeals is mailed.
§10.12.10 Lapse of Approval
All approvals are subject to South Carolina State Law, Vested Rights Act, Sections 6-29-1510 through 6-29-1560.
Article 10.13 Temporary Use
§10.13.1 Temporary Accessory Manufactured Housing Units
The Planning Director shall be authorized to approve the temporary placement and use of a manufactured housing unit as an accessory dwelling unit in accordance with the following standards.
[A] Administrative Permit approval shall be required in accordance with Art. 3.8.7.
[B] The Administrative Permit shall be restricted to the temporary use of a manufactured housing unit for residential purposes on the same zoning lot with a single-family detached residential dwelling or a manufactured housing unit, or on an individual abutting zoning lot. The following criteria shall be utilized to determine the need for the temporary variance.
[C] The Planning Director may revoke or terminate the Administrative Permit at the request of the initiating applicant or upon finding that permit conditions are being violated. The temporary accommodations, together with any associated services, shall be removed from the premises within 30 days after notice of termination.
[D] Administrative permits for such use shall be valid for a maximum of 1 year, with renewal subject to Sec. 10.7.
§10.13.2 Temporary Sales
[A] Auctions or garage sales of second-hand merchandise which has been used on the premises may be conducted on a zoning lot where permitted as an accessory use elsewhere in these regulations. Such sales may be conducted only once in a calendar year from the same zoning lot.
[B] The sale of Christmas trees, fireworks and turkey shoots are authorized where permitted as an accessory use and shall not exceed a total time period of 60 days during a one year period. This time period shall commence from the first date that such uses, individually or collectively, are approved or established, whichever is first.
[C] Other temporary sales of merchandise shall be permitted as a temporary, accessory use to an approved principal use (such as in an off-street parking lot), provided that the maximum term for such permit shall not exceed 5 days, and no more than 4 such permits may be issued per lot, per calendar year.
The Planning Director shall be authorized to approve the temporary placement and use of a manufactured housing unit as an accessory dwelling unit in accordance with the following standards.
[A] Administrative Permit approval shall be required in accordance with Art. 3.8.7.
[B] The Administrative Permit shall be restricted to the temporary use of a manufactured housing unit for residential purposes on the same zoning lot with a single-family detached residential dwelling or a manufactured housing unit, or on an individual abutting zoning lot. The following criteria shall be utilized to determine the need for the temporary variance.
- The person who will occupy the manufactured housing unit is a relative by blood or marriage.
- The accommodations (manufactured housing unit) proposed are of a temporary nature which can be easily removed after expiration of the permit.
- The physical and/or mental conditions of the person who will occupy the manufactured housing unit shall be certified by a physician.
- Written approval of all abutting landowners shall be required.
- The proposed manufactured housing unit installation shall meet Health Department standards and have their written approval.
[C] The Planning Director may revoke or terminate the Administrative Permit at the request of the initiating applicant or upon finding that permit conditions are being violated. The temporary accommodations, together with any associated services, shall be removed from the premises within 30 days after notice of termination.
[D] Administrative permits for such use shall be valid for a maximum of 1 year, with renewal subject to Sec. 10.7.
§10.13.2 Temporary Sales
[A] Auctions or garage sales of second-hand merchandise which has been used on the premises may be conducted on a zoning lot where permitted as an accessory use elsewhere in these regulations. Such sales may be conducted only once in a calendar year from the same zoning lot.
[B] The sale of Christmas trees, fireworks and turkey shoots are authorized where permitted as an accessory use and shall not exceed a total time period of 60 days during a one year period. This time period shall commence from the first date that such uses, individually or collectively, are approved or established, whichever is first.
[C] Other temporary sales of merchandise shall be permitted as a temporary, accessory use to an approved principal use (such as in an off-street parking lot), provided that the maximum term for such permit shall not exceed 5 days, and no more than 4 such permits may be issued per lot, per calendar year.
Article 10.14 Amendments
The Town Council may, from time to time, amend the number, shape, boundary, or area of any district; or may amend any regulating pertaining to any district; or may amend Chapter or Paragraph of this ordinance.
Article 10.15 Amendment Procedure
The procedure set forth in this article will apply to all amendments of this ordinance.
Article 10.16 Initiation of Proposals for Zoning Amendments
A zoning amendment may be proposed by:
- Town Council
- the Planning Commission
- any individual, corporation, or agency owning or having a vested interest in the property to be rezoned.
Article 10.17 Request for Zoning Amendments
- An application for a change in land classification will be presented on suitable forms provided by Town Council. The form will identify the property as to size, location, ownership and proposed use. Prescribed fees will accompany the application.
- Upon submission of a rezoning application, no additional rezoning applications will be accepted for the property until the application has been withdrawn or Town Council has rendered its decision and any applicable time limitations have expired.
Article 10.18 Planning Commission Study
Unless proposed by the Planning Commission, all proposed amendments will be submitted to the Planning Commission for study and recommendation.
The Planning Commission serving as the Town of Meggett's Planning Commission, will study such proposals to determine:
The Planning Commission serving as the Town of Meggett's Planning Commission, will study such proposals to determine:
- The general relationship of the proposed amendment to the T own general or proposed plans.
- The relationship of the proposed amendment to the purposes of the Town's Zoning Program.
- The need and justification of the amendment, including identification of the changes in conditions which make the amendment necessary or desirable.
- When pertaining to a proposed change in district classification of property:
[A] The effect of the amendment on the property involved and surrounding properties and overall Town Plans.
[B] The need for the change in terms of the amount of undeveloped land having the same district classification in the same general area as the property or properties for which the district re-classification is requested.
Article 10.19 Report to Town Council
§10.19.1 Submittal
The Planning Commission will submit its report to Town Council, together with its recommendation of the action which should be taken on the proposal. The recommendation of the Planning Commission will have an advisory effect only and will not be binding on Town Council.
§10.19.2 Time Limitations
The Planning Commission will submit its report and recommendation to Town Council within thirty (30) days from the date that the proposal was submitted to it for study and recommendation. If the Planning Commission does not submit its report within the prescribed time, Town Council will be free to proceed with its own action on the amendment, without further awaiting the report of the Planning Commission.
The Planning Commission will submit its report to Town Council, together with its recommendation of the action which should be taken on the proposal. The recommendation of the Planning Commission will have an advisory effect only and will not be binding on Town Council.
§10.19.2 Time Limitations
The Planning Commission will submit its report and recommendation to Town Council within thirty (30) days from the date that the proposal was submitted to it for study and recommendation. If the Planning Commission does not submit its report within the prescribed time, Town Council will be free to proceed with its own action on the amendment, without further awaiting the report of the Planning Commission.
Article 10.20 Public Hearings
Before taking action on any proposed amendment, Town Council will hold a public hearing at such time and date as specified by Town Council.
Article 10.21 Notice of Public Hearing
Newspaper, Neighbor, Parties in Interest and Posted notice of the public hearing shall be provided in accordance with the requirements of this Ordinance.
Article 10.22 Re-Application, Withdrawals, and One-Year Waiver
- Withdrawal of an amendment application by the applicant or owner prior to the advertisement for its public hearing or posting of the property will be considered as a termination of the application. Re-application will not be subject to a one-year waiting period.
- Postponement requests and/or withdrawals of amendment applications which occur after the advertisement of the public hearing has been published or the property posted will be treated as a request denial. Amendment processing will terminate upon receipt of written notice from the applicant or owner. Re-application will be subject to a one-year waiting period unless granted a waiver by Town Council as prescribed elsewhere in this section.
- When an amendment application has been finalized by Town Council, re-application for an amendment for the same parcel of land, in whole or in part, or for a similar text, will not be permitted until one year has expired from the date of the official action by Town Council.
- Town Council however, after receipt of written petition by the property owner and on recommendation of its appropriate committee, may on a case basis waive the waiting period requirements by a three-fifths vote of members present and voting, and direct the staff in writing to process the application. All documents and fees required for a zoning change application will be included with the petition. Denial of the petition will be final and the one-year waiting period will be met before further consideration of a change in land classification for the premises.
- Re-submission of amendment applications will be processed as a new application with prescribed fees.
Article 10.23 Amendment Request Where Lands or Uses Thereon Are In Violation of the Zoning Ordinance
Amendment applications will not be accepted nor processed when it is evident that zoning violation exists on or in use of the land that is the subject of the requested change. The Town Council, however, upon recommendation of its appropriate committee, mayor a case basis waive this requirement and direct the staff in writing to process the application, violation notwithstanding. All documents and fees requirements for a zoning change application will be included with the petition. Denial of a petition will be final and the violation will be removed before further consideration of a change in land classification.
Article 10.24 Proposed Changes to Ordinance
While the Planning Commission and/or Town Council are processing amendments to this ordinance, no building permits will be issued for structures which would be affected by the proposed amendment until Town Council has rendered its decision regarding the amendment.
Article 10.25 Application Fees
Fees will be levied in order to partially defray expenditures associated with application processing. These fees are due upon submission of an application and shall be determined by Town Council.
Article 10.26 Notices
§10.26.1 Content
All notices with the exception of Posted Notices required under this Ordinance shall: (1) indicate the date, time and place of the public hearing or date of action that is the subject of the notice; (2) describe the property involved in the application by street address and, if required, by legal description; (3) describe the nature, scope and purpose of the application or proposal; and (4) indicate where additional information on the matter can be obtained. Posted Notices under this Ordinance shall indicate time and place and indicate where any additional information on the subject of the notice can be obtained.
All notices with the exception of Posted Notices required under this Ordinance shall: (1) indicate the date, time and place of the public hearing or date of action that is the subject of the notice; (2) describe the property involved in the application by street address and, if required, by legal description; (3) describe the nature, scope and purpose of the application or proposal; and (4) indicate where additional information on the matter can be obtained. Posted Notices under this Ordinance shall indicate time and place and indicate where any additional information on the subject of the notice can be obtained.
§10.26.2 Types
[A] Newspaper Notice
When the provisions of this Ordinance require that "Newspaper Notice" be provided, the official responsible for accepting the application shall ensure that notice is published in a newspaper of general circulation in the county. Unless otherwise expressly provided in state statutes or this Ordinance, the first required newspaper notice shall be published at least 15 calendar days before the public hearing, meeting, or date of action that is the subject of the notice. Newspaper Notice shall indicate the time and place or date of action that is the subject of the notice, describe the property involved in the application by street address and, if required, by legal description, describe the nature, scope and purpose of the application or proposal.
[B] Posted Notice
When the provisions of this Ordinance state that "Posted Notice" should be provided, the official responsible for accepting the application shall post the notice on the subject property in a manner that makes the notice clearly visible to neighboring residents and passers-by from each public street bordering the subject property. Unless otherwise expressly provided in state statutes or this Ordinance, Posted Notice shall be in place at least 15 calendar days before the public hearing, meeting, or date of action that is the subject of the notice. Once the notice has been posted, the owner(s) of the subject property are responsible for notifying the Planning Department if the Posted Notice is removed or damaged prior to the public hearing, meeting or date of action that is the subject of the notice.
[C] Neighbor Notice
When the provisions of this Ordinance require that "Neighbor Notice" be provided, the official responsible for accepting the application shall mail notice to the applicant and all property owners within 300 feet of the subject property. Ownership information shall be obtained from the County Assessor's Office. Unless otherwise expressly provided in state statutes or this Ordinance, required Neighbor Notices shall be deposited in the U.S. mail at least 15 calendar days before the public hearing, meeting, or date of action that is the subject of the notice. Failure to provide this notice will not invalidate any action taken.
[D] Parties in Interest
When the provisions of this Ordinance require that notice be sent, the following “Parties in Interest” shall be notified: the applicant and the owner of the property (if other than applicant). Parties in Interest shall mean all individuals, associations, corporations and others who have interest in an application. It is the responsibility of the Parties in Interest to provide updated contact information to the Planning Department. The Planning Department will keep the Parties in Interest contact information on file for one year from the initial date received.
[E] Community Interest Notice
When the provisions of this Ordinance require that "Community Interest Notice" be provided, the official responsible for accepting the application shall provide written notice to any individual, group or organization that has submitted a written statement of interest to the Planning Director. When Community Interest Notice is required, courtesy notice will be provided to the Planning Director of any municipality within the Planning Area of the subject tract. Community Interest Notice is a courtesy notice; failure to provide this notice will not invalidate any action taken.
[F] Constructive Notice
Minor defects in a notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. In all cases, however, the requirements for the timing of the notice and for specifying the date, time and place of a hearing and the location of the subject property shall be strictly construed. If questions arise regarding the adequacy of notice, Review and Decision-Making Bodies shall make formal findings regarding whether there was substantial compliance with the notice requirements of this Ordinance.
[A] Newspaper Notice
When the provisions of this Ordinance require that "Newspaper Notice" be provided, the official responsible for accepting the application shall ensure that notice is published in a newspaper of general circulation in the county. Unless otherwise expressly provided in state statutes or this Ordinance, the first required newspaper notice shall be published at least 15 calendar days before the public hearing, meeting, or date of action that is the subject of the notice. Newspaper Notice shall indicate the time and place or date of action that is the subject of the notice, describe the property involved in the application by street address and, if required, by legal description, describe the nature, scope and purpose of the application or proposal.
[B] Posted Notice
When the provisions of this Ordinance state that "Posted Notice" should be provided, the official responsible for accepting the application shall post the notice on the subject property in a manner that makes the notice clearly visible to neighboring residents and passers-by from each public street bordering the subject property. Unless otherwise expressly provided in state statutes or this Ordinance, Posted Notice shall be in place at least 15 calendar days before the public hearing, meeting, or date of action that is the subject of the notice. Once the notice has been posted, the owner(s) of the subject property are responsible for notifying the Planning Department if the Posted Notice is removed or damaged prior to the public hearing, meeting or date of action that is the subject of the notice.
[C] Neighbor Notice
When the provisions of this Ordinance require that "Neighbor Notice" be provided, the official responsible for accepting the application shall mail notice to the applicant and all property owners within 300 feet of the subject property. Ownership information shall be obtained from the County Assessor's Office. Unless otherwise expressly provided in state statutes or this Ordinance, required Neighbor Notices shall be deposited in the U.S. mail at least 15 calendar days before the public hearing, meeting, or date of action that is the subject of the notice. Failure to provide this notice will not invalidate any action taken.
[D] Parties in Interest
When the provisions of this Ordinance require that notice be sent, the following “Parties in Interest” shall be notified: the applicant and the owner of the property (if other than applicant). Parties in Interest shall mean all individuals, associations, corporations and others who have interest in an application. It is the responsibility of the Parties in Interest to provide updated contact information to the Planning Department. The Planning Department will keep the Parties in Interest contact information on file for one year from the initial date received.
[E] Community Interest Notice
When the provisions of this Ordinance require that "Community Interest Notice" be provided, the official responsible for accepting the application shall provide written notice to any individual, group or organization that has submitted a written statement of interest to the Planning Director. When Community Interest Notice is required, courtesy notice will be provided to the Planning Director of any municipality within the Planning Area of the subject tract. Community Interest Notice is a courtesy notice; failure to provide this notice will not invalidate any action taken.
[F] Constructive Notice
Minor defects in a notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. In all cases, however, the requirements for the timing of the notice and for specifying the date, time and place of a hearing and the location of the subject property shall be strictly construed. If questions arise regarding the adequacy of notice, Review and Decision-Making Bodies shall make formal findings regarding whether there was substantial compliance with the notice requirements of this Ordinance.
Article 10.27 Site Plan Review
§10.27.1 Applicability
Except as expressly exempted in Section 10.27.4, the Site Plan Review procedures shall apply to any of the following: (A) new development, redevelopment and property improvements that increase by more than 25 percent the area devoted to vehicular use, or the gross floor area of buildings; (b) any change in use to a more intensive use, as determined by the Town Administrator; and (c) any earth disturbing activity greater than or equal to 5,000 square feet. The entire site shall be brought into compliance with all applicable Ordinance standards at the time of Site Plan Review.
§10.27.2 Definitions
For the purposes of this Section, a change in use to a more intensive use shall include any occupancy of a building that has not been occupied by a business for more than two (2) years as determined by Town records or other reasonable investigation.
§10.27.3 Limited Site Plan Review
The Limited Site Plan Review Procedure applies to all property improvements that are not listed in Section 10.27.1 above, as determined by the Town Administrator. The Limited Site Plan Review Procedure is intended to ensure that these property improvements are in compliance with all applicable sections of this Ordinance. The Limited Site Plan Review Procedure does not require formal Site Plan Review application.
§10.27.4 Exemptions
Applications for single family residential development on existing approved and recorded plats shall be expressly exempt from the Site Plan Review procedures of this Section.
§10.27.5 Applications
Applications for Site Plan Review shall be submitted to the Town Administrator on forms available at Town Hall. Upon submission of an application for Site Plan Review, no additional applications for Site Plan Review shall be accepted for the subject property until the original application has been withdrawn or the Town Administrator has rendered a final decision and all applicable time limits on refiling have expired.
§10.27.6 Review & Action Site Plan Review Committee
The Site Plan Review Committee shall review each Site Plan application in light of the applicable Approval Criteria of Section 10.27.7. The Site Plan Review Committee consists of representatives from the Town, South Carolina Department of Health and Environmental Control (DHEC), Department of Transportation, Corps of Engineers, and Office of Coastal Resource Management and other departmental representatives consulted on a case by case basis as deemed necessary by the Town Administrator, each of whom addresses the issues relevant to their respective department's responsibilities. The Site Plan Review Committee provides a recommendation to the Town Administrator to approve or deny the Site Plan application.
§10.27.7 Approval Criteria
A Site Plan application may not be approved unless the Town Administrator finds that the proposed project complies with all applicable provisions of this Ordinance.
§10.27.8 Appeals
Appeals shall be processed in accordance with the procedures of this Ordinance. Applications for Appeals of approved site plans shall clearly state the error in any order, requirement, decision or determination that was made by the administrative official when approving the site plan.
§10.27.9 Amendments
The procedure for amending a Site Plan shall be the same as required for the original approval.
Except as expressly exempted in Section 10.27.4, the Site Plan Review procedures shall apply to any of the following: (A) new development, redevelopment and property improvements that increase by more than 25 percent the area devoted to vehicular use, or the gross floor area of buildings; (b) any change in use to a more intensive use, as determined by the Town Administrator; and (c) any earth disturbing activity greater than or equal to 5,000 square feet. The entire site shall be brought into compliance with all applicable Ordinance standards at the time of Site Plan Review.
§10.27.2 Definitions
For the purposes of this Section, a change in use to a more intensive use shall include any occupancy of a building that has not been occupied by a business for more than two (2) years as determined by Town records or other reasonable investigation.
§10.27.3 Limited Site Plan Review
The Limited Site Plan Review Procedure applies to all property improvements that are not listed in Section 10.27.1 above, as determined by the Town Administrator. The Limited Site Plan Review Procedure is intended to ensure that these property improvements are in compliance with all applicable sections of this Ordinance. The Limited Site Plan Review Procedure does not require formal Site Plan Review application.
§10.27.4 Exemptions
Applications for single family residential development on existing approved and recorded plats shall be expressly exempt from the Site Plan Review procedures of this Section.
§10.27.5 Applications
Applications for Site Plan Review shall be submitted to the Town Administrator on forms available at Town Hall. Upon submission of an application for Site Plan Review, no additional applications for Site Plan Review shall be accepted for the subject property until the original application has been withdrawn or the Town Administrator has rendered a final decision and all applicable time limits on refiling have expired.
§10.27.6 Review & Action Site Plan Review Committee
The Site Plan Review Committee shall review each Site Plan application in light of the applicable Approval Criteria of Section 10.27.7. The Site Plan Review Committee consists of representatives from the Town, South Carolina Department of Health and Environmental Control (DHEC), Department of Transportation, Corps of Engineers, and Office of Coastal Resource Management and other departmental representatives consulted on a case by case basis as deemed necessary by the Town Administrator, each of whom addresses the issues relevant to their respective department's responsibilities. The Site Plan Review Committee provides a recommendation to the Town Administrator to approve or deny the Site Plan application.
§10.27.7 Approval Criteria
A Site Plan application may not be approved unless the Town Administrator finds that the proposed project complies with all applicable provisions of this Ordinance.
§10.27.8 Appeals
Appeals shall be processed in accordance with the procedures of this Ordinance. Applications for Appeals of approved site plans shall clearly state the error in any order, requirement, decision or determination that was made by the administrative official when approving the site plan.
§10.27.9 Amendments
The procedure for amending a Site Plan shall be the same as required for the original approval.
