(A) Application filing.
(1) Applications for amendments to the official zoning map (rezonings) shall be submitted to the Zoning Administrator on forms available in the Planning/Zoning Department.
(2) Upon submission of a rezoning application, no additional rezoning applications shall be accepted for the subject property until the original application has been withdrawn or the Town Council has rendered its final decision and all applicable time limits on re-filing have expired.
(3) No application for a zoning map amendment shall be accepted as complete unless it includes the required fee and the following information:
(a) Completed zoning map amendment application signed by the current property owner(s);
(b) A copy of a legible approved and recorded plat showing current property boundaries;
(c) A copy of the current, recorded deed;
(d) Restrictive covenants affidavit(s) signed by the applicant or current property owner(s) in compliance with state law; and
(e) Any other information that the Planning Commission determines is reasonably necessary to make an informed decision as to whether the application complies with the standards of this section.
(4) Applications for zoning map amendments shall comply with § 153.040(E), Application completeness and submission deadlines, of this code.
(B) Public hearing notice. Public notice, neighbor, parties in interest, and posted notice of the Town Council’s public hearing shall be provided in accordance with the requirements of § 153.040(G) of this code.
(C) Zoning Administrator review and report. The Zoning Administrator shall review each proposed zoning map amendment in light of the approval criteria of division (F) below, and, if deemed necessary, distribute the application to other agencies and reviewers. Based on the results of those reviews, the Zoning Administrator shall provide a report on the proposed amendment to the Planning Commission. The Zoning Administrator shall have at least 30 working days to conduct required reviews.
(D) Planning Commission review and recommendation. The Planning Commission shall review the proposed zoning map amendment and adopt a resolution, by majority vote of the members present and voting, recommending that the Town Council approve or deny the proposed zoning map amendment. The Planning Commission’s recommendation shall be based on the approval criteria of division (F) below. The Planning Commission shall submit its recommendation to the Town Council within 30 calendar days of the Planning Commission meeting at which the zoning map amendment was introduced.
(E) Town Council hearing and decision. After receiving the recommendation of the Planning Commission, the Town Council shall hold at least one public hearing, and, any time after the public hearing, take action to approve or deny the proposed zoning map amendment based on the approval criteria of division (F) below. A simple majority vote of Town Council members present and voting shall be required to approve the amendment. Zoning map amendments shall not be approved “with conditions” except planned developments or property developments under the state’s Local Government Development Agreement Act (1993), being S.C. Code §§ 6-31-10 et seq., as amended.
(F) Approval criteria. Zoning map amendments may be approved only if the proposed amendment corrects an error or inconsistency, meets the challenge of some changing condition in the area, or if all of the following criteria are met:
(1) The proposed amendment is consistent with the Comprehensive Plan and the stated purposes of this chapter;
(2) The proposed amendment will allow development that is compatible with existing uses and zoning of nearby property;
(3) The town and other service providers will be able to provide adequate water and sewer supply, storm water facilities, waste disposal, and other public facilities and services to the subject property, while maintaining adequate levels of service to existing development;
(4) The applicant provides documentation that the proposed amendment will not result in significant adverse impacts on other property in the vicinity of the subject tract or on the environment, including air, water, noise, storm water management, traffic congestion, wildlife, and natural resources; and
(5) The subject property is suitable for proposed zoning classification considering such things as parcel size, parcel configuration, road access, and the presence of natural resources and amenities.
(G) Final action. Zoning map amendments shall be adopted by ordinance.
(H) Notice of decision. Following the final action by the Town Council, the Zoning Administrator shall be responsible for providing the applicant with written notice of the decision and for revising the official zoning map, if the amendment was adopted.
(Ord. 2012-06, § 3.4, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012; Ord. 2018-02, passed 5-17-2018)