(A) Application filing.
(1) Applications for special exceptions shall be submitted to the Zoning Administrator on forms available in the Planning/Zoning Department.
(2) Upon submission of a special exception application, no additional special exception applications shall be accepted for the subject property until the original application has been withdrawn or the decision-making body has rendered its final decision and all applicable time limits on refiling have expired.
(3) Special exception applications shall comply with § 153.040(E), Application completeness and submission deadlines, of this code.
(4) No application for a special exception shall be accepted as complete unless it includes the required fee and the following information:
(a) Completed special exception application signed by the current property owner(s);
(b) The applicant’s letter of intent explaining the proposed use and how it meets the approval criteria of division (E) below;
(c) Site plan drawn to an engineer’s scale showing the property dimensions, dimensions and locations of existing and proposed structures and improvements, parking areas, grand trees, wetlands (properties containing DHEC-OCRM critical line areas must contain an up to date DHEC-OCRM signature on the site plan or plat), holding basins and buffers when applicable. One 24 by 36 copy and 15 reduced 11 by 17 copies shall be submitted;
(d) A copy of a legible approved and recorded plat;
(e) Restrictive covenants affidavit(s) signed by the applicant or current property owner(s) in compliance with state law; and
(f) Any other information that the Zoning Administrator determines is necessary to make an informed decision as to whether the application complies with the standards required by this section.
(5) All proposed special exception uses, except placement of manufactured housing, shall satisfy the site plan review process. Applicants shall attend at least one site plan review meeting prior to submitting the application for special exception.
(B) Public hearing notice. Newspaper, neighbor, parties in interest and posted notice for the Board of Zoning Appeals’ 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 special exception in light of the approval criteria of division (E) 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 special exception to the Board of Zoning Appeals.
(D) Board of Zoning Appeals hearing and decision.
(1) The Board of Zoning Appeals shall hold at least one public hearing on the proposed special exception and, within a reasonable time following the close of the public hearing, act to approve, approve with conditions, or deny the proposed special exception based on the approval criteria of division (E) below.
(2) A majority of the Board of Zoning Appeals constitutes a quorum.
(3) A majority of the members present and voting are required to approve a special exception.
(E) Approval criteria.
(1) Special exceptions may be approved only if the Board of Zoning Appeals finds that the proposed use:
(a) Is consistent with the recommendations contained in the Town Comprehensive Plan and the character of the underlying zoning district “purpose and intent;”
(b) Is compatible with existing uses in the vicinity and will not adversely affect the general welfare or character of the immediate community;
(c) Adequate provision is made for such items as: setbacks, buffering (including fences and/or landscaping) to protect adjacent properties from the possible adverse influence of the proposed use, such as noise, vibration, dust, glare, odor, traffic congestion, and similar factors;
(d) Where applicable, will be developed in a way that will preserve and incorporate any important natural features;
(e) Complies with all applicable rules, regulations, laws, and standards of this chapter, including but not limited to any use conditions, zoning district standards, or site plan review requirements of this chapter; and
(f) Vehicular traffic and pedestrian movement on adjacent roads shall not be hindered or endangered.
(2) In granting a special exception, the Board of Zoning Appeals may attach to it such conditions regarding the location, character, or other features of the proposed building or structure as the Board may consider advisable to protect established property values in the surrounding area or to promote the public health, safety, or general welfare.
(F) Final decision and orders. Final decisions and orders of the Board must be in writing and be filed in the Office of the Zoning Administrator as a public record. Final decisions shall be available for public inspection during regular office hours. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the Board which must be delivered to parties in interest by certified mail. As a courtesy notice, the orders of the Board may be sent via U.S. mail to persons on the neighborhood notice list.
(G) Notice of decision. The written final decision shall be mailed to all parties in interest by certified mail and published once in a newspaper of general circulation in the town.
(H) Appeals. Any person with a substantial interest in a decision of the Board of Zoning Appeals or any officer, board, or bureau of the town may appeal a final decision of the Board of Zoning Appeals to the Circuit Court of the town. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 calendar days after the decision of the Board of Zoning Appeals is mailed.
(I) Lapse of approval. An approved special exception shall lapse and be of no further effect consistent with S.C. Code Title 6, Chapter 29, Art. 11, Vested Rights.
(Ord. 2012-06, § 3.6, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012)