(A) Conflict with state or federal regulations. If the provisions of this chapter are inconsistent with those of the state or federal government, the more restrictive provision shall control, to the extent permitted by law.
(B) Conflict with other town regulations. If the provisions of this chapter are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the town, the more restrictive provision will control. No text amendment, zoning variance, or condition of approval attached to any form of development approval under this chapter shall have the effect of nullifying, abrogating, or diminishing the provisions of any other town ordinance.
(C) Conflict with private easements, agreements, or covenants. This chapter is not intended to abrogate, annul, or otherwise interfere with any private easement, agreement, covenant, restriction, or other private legal relationship. The town is responsible for enforcing this chapter; it does not enforce private agreements, easements, covenants, or restrictions to which the town is not a party. Restrictive covenant affidavit(s) shall be signed by the applicant or current property owner(s) for all permit applications including but not limited to zoning variance applications, applications for rezoning, special exception applications, site plan review applications, subdivision applications, and home occupation permits in compliance with S.C. Code § 6-29-1145 that states:
“A. In an application for a permit, the local planning agency must inquire in the application or by written instructions to an applicant whether the tract or parcel of land is restricted by any recorded covenant that is contrary to, conflicts with, or prohibits the permitted activity.
B. If a local planning agency has actual notice of a restrictive covenant on a tract or parcel of land that is contrary to, conflicts with, or prohibits the permitted activity:
1. In the application for the permit;
2. From materials or information submitted by the person or persons requesting the permit; or
3. From any other source including, but not limited to, other property holders, the local planning agency must not issue the permit unless the local planning agency receives confirmation from the applicant that the restrictive covenant has been released for the tract or parcel of land by action of the appropriate authority or property holders or by court order.
C. As used in this section:
1. ‘actual notice’ is not constructive notice of documents filed in local offices concerning the property, and does not require the local planning agency to conduct searches in any records offices for filed restrictive covenants;
2. ‘permit’ does not mean an authorization to build or place a structure on a tract or parcel of land; and
3. ‘restrictive covenant’ does not mean a restriction concerning a type of structure that may be built or placed on a tract or parcel of land.”
(Ord. 2012-06, § 1.9, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012)