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Development agreements shall be recorded in the Office of the Register of Deeds of Kershaw County within 14 days after the execution of the agreement. A development agreement may provide that if recordation does not occur within 14 calendar days after the date of approval, the city may declare such development agreement null and void, subject to any applicable cure periods.
(Ord. 15-002, passed 2-24-15; Am. Ord. 2024-006, passed 3-12-24)
Each development agreement shall be reviewed one time at least every 12 months by the city planning staff. In the event that the developer is determined to have materially breached the terms of the development agreement, the Zoning Administrator shall serve notice, in writing, within a reasonable time after such determination is made. Such notice shall set forth with reasonable particularity the nature of the breach, the evidence supporting such a determination, and a reasonable period of time during which the developer may cure the breach or rebut any such determinations. In the event that the developer fails to cure any such material breach and fails to rebut the findings supporting the existence of such a breach, and provided that the city and the developer are unable to mutually agree to amendments to the development agreement that meet the concerns of the city, the city may, by ordinance, terminate or modify the development agreement accordingly.
(Ord. 15-002, passed 2-24-15; Am. Ord. 2024-006, passed 3-12-24)
Development agreement provisions shall be subject to all state and/or federal laws enacted after the agreement is executed that affect the development and shall contain a provision acknowledging this fact.
(Ord. 15-002, passed 2-24-15; Am. Ord. 2024-006, passed 3-12-24)
GENERAL PROVISIONS AND REGULATIONS
The regulations contained in this subchapter are intended to clarify, supplement or modify the regulations set forth elsewhere in this Zoning Ordinance.
(A) Conformity with regulations. No land or structure shall be used or occupied and no structure or portions thereof shall be constructed, erected, altered, enlarged, or moved, unless in conformity with all of the regulations specified for the district in which it is located.
(B) Number of permitted dwellings per lot. No more than one duplex or single-family detached dwelling shall be permitted on a lot of record; except as provided for in § 157.045
-Accessory Apartments.
(C) Minimum requirements established. The minimum lot area, yards, buffer areas, and open space required by the regulations for each lot, parcel or building existing at the time of the passage of this chapter shall not be encroached upon or reduced, or considered as required yards or open space for any other building. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter for the district in which they are created.
(Ord. 15-002, passed 2-24-15)
Each lot or parcel shall abut a public street and shall have direct deeded vehicular and pedestrian access to such street with the following exceptions:
(A) Any lot for which a residential use has been legally established prior to the effective date of this Zoning Ordinance in accordance with provisions permitting establishment of use on a lot served by a private and exclusive recorded easement of at least 15 feet in width connecting said lot to a public street, may be used as if it abutted a street, provided that it is served by a driveway located on the easement.
(B) Any lot for which a non-residential use has been legally established prior to the effective date of this Zoning Ordinance in accordance with provisions permitting establishment of use on a lot served by a private, exclusive recorded easement of at least 15 feet in width connecting said lot to a public street, may be construed in the same manner as a lot abutting a street provided that it is served with a driveway built to city standards located on the permanent, recorded easement.
(C) A development site consisting of one or more legal lots of record which is developed under a coordinated, approved site specific plan and which is accessed solely by driveways shall only be required to abut a public street along some portion of the development site, the minimum distance of which shall be determined by the city to be adequate for public and emergency vehicle access but which shall not be less than 35 feet.
(D) A multi-family, townhouse, condominium, or industrial development site consisting of one or more legal lots of record which is developed under a coordinated, approved site specific plan may be permitted, on a case-by-case basis, to be served by a private street network and shall only be required to abut a public street along some portion of the development site, the minimum distance of which shall be determined by the city to be adequate for public and emergency vehicle access but which shall not be less than 35 feet.
(E) Lots created for utility facilities, including but not limited to water towers, electric and gas substations, telecommunication towers, and satellite receivers, may be created without frontage or deeded access as long as a legally enforceable access easement a minimum of 15 feet in width has been granted and documentation for such has been received by the City Planner at the time of final plat approval.
(Ord. 15-002, passed 2-24-15)
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