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)

§ 5-4-2 JURISDICTION AND PURPOSE.

   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.

§ 5-4-6 CODE ENFORCEMENT DIRECTOR.

   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)

§ 5-4-7 ZONING PERMITS.

   (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.

§ 5-4-8 CERTIFICATES OF ZONING COMPLIANCE.

   (A)   Certificates Required. It shall be unlawful for any person to use, occupy, or permit the use or occupancy of any building or property hereafter created, erected, changed, converted, altered, or enlarged, in whole or in part, until a certificate of zoning compliance has been issued by the Code Enforcement Director stating that the proposed use conforms with the requirements of this ordinance.

   (B)   Nonconforming Uses or Structures. Uses or structures made nonconforming by this ordinance may not continue without a certificate of zoning compliance issued by the Code Enforcement Director which shall state that the use or structure was in existence at the time of adoption or amendment of this ordinance. The certificate of zoning compliance shall specify the features which are nonconforming, and may be used to establish a vested interest in continuation of the nonconformity.

   (C)   Temporary Uses. Certificates of zoning compliance may be issued and renewed by the Code Enforcement Director for permitted temporary uses for the times permitted by zoning district regulations.

§ 5-4-9 VIOLATIONS.

   (A)   Misdemeanor; Penalties. It shall be unlawful for any person to use property, or for any person to construct, alter, enlarge, or demolish any structure without a permit or permits required by this chapter. Conviction for violation of this ordinance is punishable as a misdemeanor under the general penalty provisions of the City Code.

   (B)   Withholding Permits. The Code Enforcement Director shall deny a zoning permit for any use or work which fails to comply with this chapter. The Code Enforcement Director, Building Official, or other appropriate official shall withhold all other city permits for work which violates this chapter.

   (C)   Complaints. A written complaint specifying facts showing a violation of this ordinance filed by any person shall be investigated by the Code Enforcement Director. Upon determination that a violation has occurred, the Code Enforcement Director shall take appropriate enforcement action authorized by this ordinance.

   (D)   Stop Work. The Code Enforcement Director is authorized to issue a stop work order pursuant to S.C. Code § 6-29-950(A) requiring work to cease until specified code violations are corrected. Failure to comply with a stop work order of the Code Enforcement Director is a misdemeanor punishable under the general penalty provisions of the City Code. Issuance of a stop work order may be appealed to the Board of Zoning Appeals.

   (E)   Arrest Warrant. The Code Enforcement Director, with concurrence of the City Attorney, is authorized to request the issuance of an arrest warrant for violations of this chapter.

   (F)   Injunction. The Code Enforcement Director shall submit a request to the City Attorney for institution of a civil action seeking an injunction prohibiting violation of this chapter when appropriate.

§ 5-4-10 APPEALS PROCESS.