Section
Article A: Adoption and Purpose
5-4-1 Authority and Title
5-4-1-1 Vested Rights to Develop Property
5-4-2 Jurisdiction and Purpose
5-4-3 through 5-4-5 Reserved
Article B: Administration
5-4-6 Code Enforcement Director
5-4-7 Zoning Permits
5-4-8 Certificates of Zoning Compliance
5-4-9 Violations
5-4-10 Appeals Process
5-4-11 through 5-4-15 Reserved
Article C: Amendments
5-4-16 Introduction
5-4-17 Initiation of Amendment
5-4-18 Amendment Procedure
5-4-19 through 5-4-25 Reserved
Article D: Definitions
5-4-26 Interpretation of Words and Phrases
5-4-27 Definitions
5-4-28 through 5-4-30 Reserved
Article E: Establishment of Districts and District Map
5-4-31 Establishment of Districts
5-4-32 District Boundaries Established by Map
5-4-33 Interpretation of District Boundaries
5-4-34 Lots Divided by District Boundaries
5-4-35 through 5-4-40 Reserved
Article F: Application of Regulations
5-4-41 Zoning Affects All Lands, Buildings, and Structures
5-4-42 Regulations Regarded as a Minimum
5-4-43 One Principal Structure Per Lot
5-4-44 Compatibility with Other Ordinances
5-4-45 Access to Street Required
5-4-46 Reduction of Lot or Yard Area Prohibited
5-4-47 Rights-of-Way
5-4-48 Annexation
5-4-49 Nonconforming Uses or Structures
5-4-50 through 5-4-54 Reserved
Article G: District Regulations
5-4-55 R-12 Residential District
5-4-56 R-7 Medium Density Residential District
5-4-57 R-5 High Density Residential District
5-4-58 B-1 Central Business District
5-4-59 B-2 Highway Commercial District
5-4-60 B-3 Limited Commercial and Adult Entertainment District
5-4-61 B-4 Neighborhood Commercial
5-4-62 B-5 Interstate Highway Commercial District
5-4-63 I-1 Light Industrial
5-4-64 I-2 Basic Industrial
5-4-65 PD Planned Development District
5-4-66 Mobile Home District
5-4-67 RU Rural District
Dillon Historic Overlay District
5-4-68 Purpose
5-4-69 Designations
5-4-70 Establishment of Districts
5-4-71 Standards for Dillon Historic Designations
5-4-72 Board of Architectural Review (BAR)
5-4-73 Designation Process
5-4-74 Certificates of Appropriateness (COA)
5-4-75 Exclusions from Certificates of Appropriateness (COA)
5-4-76 Enforcement and Penalties
5-4-77 Certificate of Economic Hardship
5-4-78 Denials of COA and Appeals
5-4-79 Appeals Procedure
5-4-80 Hearing Procedure
5-4-81 Appeal from BAR to Circuit Court
5-4-82 Contempt and Penalty
5-4-83 Notice of Appeal, Transcript and Supersedeas
5-4-84 Determination of Appeal and Costs
5-4-85 Appeal to Supreme Court
5-4-86 Conflict with Other Laws
Board of Architectural Review By-Laws Organization
5-4-87 By-Laws
5-4-88 Purpose
5-4-89 Adoption and Amendments
5-4-90 Officers
5-4-91 Standing Committees
5-4-92 Professional Consultants
5-4-93 Compensation
Meetings
5-4-94 Time and Place
5-4-95 Agenda
5-4-96 Quorum
5-4-97 Attendance
5-4-98 Rules of Order
Certificate of Appropriateness
5-4-99 Pre-application Review Process
5-4-100 Applications
5-4-101 Approval
5-4-102 Denials
Interstate Highway Commercial District
5-4-103 B-5 Interstate Highway Commercial District
ARTICLE A: ADOPTION AND PURPOSE
Note: The following sections adopted by Ordinance No.______, date_______.
The provisions of this chapter are adopted pursuant to authority granted in the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, S.C. Code §§ 6-29-310, et seq.(1994 Supp.) This chapter may be cited as the City of Dillon Zoning Ordinance, 1998.
Section 1. Scope and Title.
All applicable ordinances, municipal code sections, and regulations relating to zoning, planning and land development within the corporate limits of the City of Dillon are subject to this ordinance, which shall be known as the Vested Rights to Develop Property Ordinance.
Section 2. Definitions.
(A) Except as hereinafter set forth, the words, terms and phrases when used in this ordinance shall have the meaning as set forth in S.C. Code § 6-29-1520, as enacted by Act 287 of 2004.
(B) "Site specific development plan", in addition and as a supplement to the definition set forth in S.C. Code § 6-29-1520, as enacted by Act 287 of 2004, is further defined to mean those documents that comprise a complete application for a zoning permit, certificate of zoning compliance, variance, special exception, planned unit development, sketch plat or sketch plan, preliminary or final subdivision plat approval, or other similar approval that authorizes the landowner to proceed with investment in grading, installation of utilities, streets, and other infrastructure, and to undertake other significant expenditures necessary to prepare for application for a building permit.
(C) "Vested right" means the right to undertake and complete the development of property under the terms and conditions of a site specific development plan or a phased development plan as provided in this article and in the land development ordinances or regulations of the City of Dillon adopted pursuant to this chapter.
Section 3. Establishment and conditions of vested rights.
(A) A vested right to develop property in accord with a site specific development plan is triggered upon the preliminary plat approval of the site specific development plan by the City of Dillon Planning & Zoning Commission and the payment to the City of Dillon of all applicable established fees.
(B) Except as hereinafter set forth, a vested right established by this ordinance is subject to the conditions and limitations as set out in S.C. Code §§ 6-29-1540 and 6-29-1550, as enacted by Act 287 of 2004.
(C) A vested right for an approved site specific development plan shall expire two (2) years after the date of final approval by the City of Dillon Planning & Zoning Commission and any request for approval of an annual extension of the vested right after the two (2) year vesting period shall be and is hereby prohibited.
(D) A vested site specific development plan may be amended if the amendment conforms to, or does not cause greater nonconformity with, the current provisions of the City of Dillon Zoning, Planning and Land Development Ordinances. Approval or conditional approval of an amendment does not re-set or re-start the expiration period of a vested right.
(E) A vested right pursuant to S.C. Code § 6-29-1550 is not a personal right, but attaches to and runs with the applicable real property. The landowner and all successors to the landowner who secure a vested right pursuant to this article may rely upon and exercise the vested right for its duration subject to applicable federal, state, and local laws adopted to protect public health, safety, and welfare including, but not limited to, building, fire, plumbing, electrical, and mechanical codes and nonconforming structure and use regulations which do not provide for the grandfathering of the vested right. This article does not preclude judicial determination that a vested right exists pursuant to other statutory provisions. This article does not affect the provisions of a development agreement executed pursuant to the South Carolina Local Government Development Agreement Act in Chapter 31 of Title 6.
(F) If real property having an approved vested site specific development plan is annexed into the city limits of Dillon, the City of Dillon Planning & Zoning Commission must determine, after notice and public hearing in which the landowner is allowed to present evidence, if the vested right is effective after the annexation.
(G) No vested rights are established for phased development plans, including approved or conditionally approved phased development plans and including phased development plans applicable to property proposed for annexation. An approved or conditionally approved site specific development plan is required prior to approval with respect to each phase of a phased development plan.
(H) A vested right to a site specific development plan is subject to revocation by the City of Dillon Planning & Zoning Commission upon its determination, after notice and public hearing that there was a material misrepresentation by the landowner or substantial noncompliance with the terms and conditions of the original or amended approval.
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