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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.
Section 4. Severability.
Should any of the provisions of this ordinance shall be deemed unenforceable or invalid, then the remainder of the provisions herein shall not be affected thereby and the same shall remain in full force and effect. The Council of the City of Dillon hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause and provision herein, even without the section(s), subsection(s), sentence(s), clause(s), or provision(s) that are held to be enforceable or invalid.
(Ord. 05-11, passed 9-12-2005)
The provisions of this chapter shall apply to all land and improvements within the corporate limits of the City of Dillon, South Carolina. The purpose of the chapter is to guide development in accordance with existing and future needs and to promote the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare. The chapter is intended to implement the land use element of the City of Dillon Comprehensive Plan.
ARTICLE B: ADMINISTRATION.
The provisions of this chapter shall be administered and enforced by the Code Enforcement Director (with the assistance of other City of Dillon staff as designated by the City Council as code enforcement officers), who shall have all the powers and duties authorized by statute or ordinance. The duties of the Code Enforcement Director with regard to this chapter shall be:
(A) Interpretation of the terms and provisions of this chapter;
(B) Administration of this chapter by the issuance of permits and certificates, including the collection of authorized fees;
(C) Processing applications for appeals to the Board of Zoning Appeals from decisions of the Code Enforcement Director, and variances;
(D) Preparation of the record for appeal to circuit court from the decisions of the Board of Zoning Appeals;
(E) Maintenance of a current zoning map, amendments to the zoning ordinance, and all public records related to zoning and planning;
(F) Enforcement of the zoning ordinance and investigation and resolution of zoning complaints;
(G) Administrative assistance to the Board of Zoning Appeals when authorized;
(H) Such other duties as may be authorized in the administration of this chapter.
(Am. Ord. 07-18, passed 9-10-2007)
(A) Permits Required. No building, sign, or structure shall be erected, moved, enlarged, altered or demolished and no use of land maybe changed without a zoning permit as issued by the Code Enforcement Director. No zoning permit shall be issued by the Code Enforcement Director except for a use which is in conformity with the provisions of this chapter.
(B) Fees for Permits. A fee established by regulation by the City Council shall be paid for each zoning permit or certificate of zoning compliance issued by the Code Enforcement Director.
(C) Application for Zoning Permits. Application for zoning permits shall be accompanied by plans in duplicate drawn to scale showing the actual dimensions and shape of the lot to be used, the sizes and locations of existing structures on the lot, and the location and dimensions of a proposed structure or alteration. The application may contain such other information as may be required by the Code Enforcement Director to determine compliance with this chapter, including existing or proposed buildings or alterations, existing or proposed uses of buildings and land, number of families, housekeeping units, rental units, and existing conditions of the adjacent property. One (1) copy of the plans shall be returned to the applicant with the signed approval or disapproval of the Code Enforcement Director noted on the copy within fifteen (15) days of receipt.
(D) Expiration of Permits. If the work described on the zoning permit has not begun within six (6) months from the date of the permit, the permit shall expire and be void upon written notice of the Code Enforcement Director.
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