All applications requiring a public hearing shall comply with the S.C. Code of Laws, the provisions listed in Table 162.02, Required Notice and Timing, and the other provisions of this section with regard to public notification.
(A) Content. All notices for public hearings, unless expressly noted otherwise, whether done by mail (written notice), publication (publishing in a newspaper of general circulation in the city), or posting shall:
(1) Identify the application number, and the name, address, and telephone number of the applicant or the applicant's agent;
(2) Indicate the date, time, and place of the public hearing;
(3) Describe the land involved by street address or by tax map number and nearest cross street;
(4) Identify the current zoning district designation of the land subject to the application;
(5) Describe the nature, scope, and purpose of the application or proposal;
(6) Describe in which department the application, the staff report and related materials may be inspected by the public, and state that these materials are available for public inspection during normal business hours;
(7) Include a statement describing where interested members of the public and adjoining property owners may submit written comments or evidence prior to the public hearing;
(8) Include a statement that interested members of the public and adjoining property owners may appear at the public hearing, be heard, and submit evidence and written comments with respect to the application;
(9) Posted notice may provide a phone number by which the information required above is available.
(B) Written (mailed) notice. When the provisions of this ZDO (See Table 162.02), require that written or mailed notice be provided, the Zoning Administrator shall be responsible for preparing and mailing the written notice. Notice shall be mailed to:
(1) All property owners of the land subject to the application; and
(2) All property owners within 150 feet of the land subject to the application (including property owners of land located outside the city's corporate limits) whose address is known by reference to the latest ad valorem tax records.
Notice shall be deemed mailed by its deposit in the United States mail, first class, properly addressed, postage paid. The Zoning Administrator shall prepare an affidavit affirming that notice meeting the content requirements of § 162.02-09(A), Content, was mailed. The affidavit shall be conclusive that notice has been given pursuant to the terms of this section. A copy of the mailed notice shall be maintained in the office of the Zoning Administrator for public inspection during normal business hours. The affidavit shall be included as an appendix to the staff report.
(C) Published notice.
(1) When the provisions of this ZDO require that notice be published, the Zoning Administrator shall be responsible for preparing the content of the notice and publishing the notice in a newspaper of general circulation in the city. The content and form of the published notice shall be consistent with the requirements of the S. C. Code of Laws.
(2) The Zoning Administrator shall prepare an affidavit certifying that published notice has occurred pursuant to the requirements of this subsection. The affidavit shall be conclusive that notice has been given pursuant to the terms of this subsection. The affidavit shall be included as an appendix to the staff report.
(D) Posted notice.
(1) When the provisions of this ZDO require that notice be posted on the land subject to the application, notice shall comply with the following requirements:
(a) Notice shall be posted on sign(s) in a form and size established by the Zoning Administrator.
(b) The signs shall be placed by the applicant on the property that is subject to the application, along each public thoroughfare that abuts or runs through the property, at intervals of not more than 500 feet.
(c) The sign(s) shall be posted in a prominent and conspicuous manner that ensures visibility from public thoroughfare(s).
(2) The applicant shall sign and provide to the Zoning Administrator an affidavit stating that posted notice has been provided in accordance with the requirements of this subsection. The affidavit shall be accompanied by a photograph showing the posted notice on the property. The affidavit and photograph shall be conclusive that notice has been given in accordance with the terms of this subsection. The affidavit shall be submitted to the Zoning Administrator prior to the public hearing for the subject application.
(3) The applicant shall ensure that the posted notice is maintained on the property until the completion of the public hearing on the application.
(4) The sign(s) shall be removed by the applicant within five days after the public hearing on the application.
(E) Required notice and timing. Unless otherwise expressly provided in the S.C. Code of Laws or this ZDO, notice shall be provided as follows:
Application For Development Permit or Other Action | Notice Required (Days Before Hearing/Action) | ||
Written (§ 162.02-09(B)) | Publication (§ 162.02-09(C)) | Posted (§ 162.02-09(D)) | |
Application For Development Permit or Other Action | Notice Required (Days Before Hearing/Action) | ||
Written (§ 162.02-09(B)) | Publication (§ 162.02-09(C)) | Posted (§ 162.02-09(D)) | |
Text amendment to the ZDO | At least 30 days prior to public hearing | ||
Amendment to official zoning map and establishment of Planned Development District | At least 15 days prior to public hearing | At least 30 days prior to public hearing | At least 15 days prior to public hearing |
Special exception permit and variance permit | At least 15 days prior to public hearing | At least 15 days prior to public hearing | At least 15 days prior to public hearing |
Appeals to Board of Zoning Appeals | At least 15 days prior to public hearing | At least 15 days prior to public hearing | At least 15 days prior to public hearing |
Land development agreements | At least 30 days prior to public hearing | At least 30 days prior to public hearing before Planning Commission At least 30 days prior to public hearing before City Council | At least 30 days prior to public hearing |
(F) Deferral of application. An applicant may request that an advisory or decision-making body's consideration of an application at public hearing be deferred by submitting a written request for deferral to the Zoning Administrator.
(1) Administrative review. The Zoning Administrator shall consider and decide deferral requests if the public can be notified of the deferral within a minimum of ten business days prior to the public hearing at which the application is to be heard. Such notification shall also provide the date of the re-scheduled public hearing at which the application will be considered by the advisory or decision-making body. A request for deferral shall be approved only for good cause.
(2) Review board review. If the public cannot be notified of the deferral within a minimum of ten business days prior to the public hearing at which the application is to be heard, the request for deferral shall be placed on the public hearing agenda of the advisory or decision-making body on the date the application is to be considered and acted upon by the body. The advisory or decision-making body shall approve the request for deferral only for good cause.
(Ord. 05-10, passed 3-23-10)