(A) Applicability.
(1) Except as expressly exempted in division (B) below, a zoning approval shall be required before any of the following activities:
(a) The issuance of a building permit under the Town Building Code;
(b) Excavation preparatory to constructing a structure for which a building permit is required;
(c) Improving any zoning lot by grading, filling, or surfacing or by constructing a driveway in conjunction with the construction of a single-family residence or by constructing or enlarging parking areas containing more than six spaces;
(d) Change in the use classification of any part of a structure or lot, including any increase in the number of families or dwelling units occupying a building or lot;
(e) Installation of any sign (on-premises or off-premises);
(f) Moving of any house or mobile home;
(g) Prior to obtaining a business license;
(h) Any earth disturbing activity; or
(i) Clearing and grubbing, including grading, drainage, or the construction of roads or utilities in a subdivision.
(2) Prior to issuance of a zoning permit, a pre-construction planning conference for tree preservation, as specified in § 153.334, shall be held with the Zoning Administrator’s representative, the applicants, and any parties deemed appropriate for the purpose of determining if there is a need for additional tree protection techniques and for designating placement of tree barricades, construction employee parking, temporary construction offices, and dumpsters.
(3) Agricultural uses shall be subject to the applicable provisions of § 153.334, Tree protection and preservation.
(B) Exemptions.
(1) Agriculture. A zoning approval shall not be required with respect to any parcel of land being used for a bona fide, principal agricultural use as of October 18, 2012, including: farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry, forestry, and other uses or enterprises customarily carried on in the field of general agriculture, including the necessary accessory uses for packing, treating, or storing of produce, in any zoning district. The operation of any accessory use shall be secondary to that of the normal agricultural activity.
(2) Utility lines. A zoning approval shall not be required for a service connection with established electric distribution or transmission lines, water lines, sewer, gas, or other pipelines, provided that such facilities shall comply with all other applicable standards of this chapter. Installation of new main or distribution trunk lines for water, sewer, or gas shall not be exempt.
(3) Fences. A zoning permit shall not be required for the installation of any fence that is less than six feet in height and exempt from Town Building Code requirements, as amended, except those made of brick, stone, or concrete. Fence installation must also comply with the vision clearance requirements of § 153.066(C) of this code.
(4) Accessory structures. A zoning permit shall not be required for the placement of one, 1-story detached accessory structure used as a tool or storage shed, playhouse, or similar accessory structure, provided the building footprint does not exceed 120 square feet. In the event that one detached accessory structure already exists on the subject property, a zoning permit is required for any additional detached accessory structure. Detached accessory structures must also comply with all applicable standards of the Zoning and Land Development Regulations Ordinance.
(C) Application filing. Applications for zoning permits shall be filed with the Zoning Administrator on forms available in the Planning/Zoning Department, which shall include the following items:
(1) For all new construction or changes in building footprint, applications shall include a site plan drawn to engineer’s scale that shows proper dimensions, dimensions and locations of all existing and proposed structures and accessories, setbacks, driveways, and wetlands/OCRM critical line, if applicable;
(2) Applications shall include an approved, recorded plat indicating new county parcel ID number or if an approved, recorded plat is not available, the application shall include a county parcel boundary map showing the subject parcel, surrounding properties, and county parcel ID number;
(3) Proposed construction, including accessory uses and structures, if occurring on more than one abutting lot of record, shall not be placed on property lines and must meet all setback requirements;
(4) Applications shall include a current letter of availability from local providers for public water and/or sewer. If water and/or sewer service is not available, a well and/or septic tank permit final approval from S.C. DHEC shall be required;
(5) Applications shall include an approved tree survey showing grand trees (24-inch DBH or greater, except pine trees) in the footprint, and within 20 feet, of any proposed construction as required by this chapter unless the applicant provides a signed statement indicating no protected trees will be affected;
(6) For all structures requiring a new address (e.g., new building construction, power poles, irrigation systems, or accessory structures with electrical service), written address confirmation must be obtained from the Planning/Zoning Department. A site plan showing the location of the proposed structure and street access is required for address confirmation. The site plan should also show the street access for all existing structures; and
(7) Commercial, multi-family, office, industrial, and other nonresidential uses require site plan review approval prior to an application for a zoning permit.
(D) Zoning Administrator review and action.
(1) When an application is made for a zoning permit for improvements and uses that comply with all requirements of this chapter, the Zoning Administrator shall issue a zoning permit and return a signed copy of the application, including plan, to the applicant within 30 calendar days of receipt of the application.
(2) When the Zoning Administrator receives a zoning permit application for improvements or uses that do not comply with all requirements of this chapter, the Zoning Administrator shall deny the zoning permit application, and, within 30 calendar days of receipt of the application, return the application, including plan, to the applicant along with written notice of the denial, and cite the sections of this chapter with which the application does not comply.
(3) When a zoning permit application includes a request for a variance or an appeal of an administrative decision, the Zoning Administrator shall transmit such application, together with all supporting information, within 30 working days of receipt of the application, to the Board of Zoning Appeals for its review. Upon receipt of a written order from the Board of Zoning Appeals, the Zoning Administrator shall complete the ordered action within ten working days of receipt of the order.
(E) Effect of permit issued.
(1) After a zoning approval is given for construction requiring a building permit, the Building Inspection Services Director shall issue a building permit when the requirements of the Building Codes have been met in the submitted plan.
(2) After a zoning permit is issued for a use or construction not requiring a building permit, the applicant may proceed to carry out the improvement described in the approved zoning permit application.
(F) Lapse of approval. A zoning approval shall be consistent with S.C. Code Title 6, Chapter 29, Art. 11, Vested Rights.
(G) Administrative permits.
(1) Temporary zoning permits.
(a) The Zoning Administrator may issue a temporary zoning permit not to exceed a one-year period, provided such uses are in compliance with and are authorized by this chapter. Permits for permanent installation shall be obtained simultaneously with the temporary zoning permit.
(b) Temporary zoning permits may be issued for temporary installation of the following if located on the same zoning lot as the permanent installation:
1. Manufactured housing unit installation to be used as a residence while the permanent residential structure is being built;
2. Temporary office for construction office or security guard quarters;
3. Temporary structure for commercial use while construction of the permanent structure is in progress; and
4. Temporary power permits for construction of permitted uses.
(c) A temporary zoning permit may be issued by the Zoning Administrator to move a single- family detached home, modular home, or manufactured home to a lot of record, subject to the following:
1. The lot on which the home is placed must be zoned for residential use;
2. The lot on which the home is placed must comply with all requirements for the applicable zoning district;
3. An application for a temporary zoning permit shall be completed by the owner of the property on a form established by the Zoning Administrator prior to movement of the home;
4. The home will not be occupied until a certificate of occupancy is issued after a complete zoning and building permit application has been approved and all requirements of this chapter have been complied with; and
5. The temporary zoning permit is valid for a period not to exceed 30 days from the date the permit is issued.
(d) The temporary zoning permit may be renewed by the Zoning Administrator if the applicant provides documentation indicating they have submitted a complete application for a zoning permit and building permit.
(f) All regulatory agencies may inspect at any time for safety and non-movement of the temporary placement and require further installation safeguards in compliance with these regulations.
(2) Renewal of temporary zoning permits.
(a) Renewal of temporary zoning permits may be granted for one additional year when construction is being actively pursued, and it is evident that progress is being made in construction. Extensions beyond the renewal shall be processed as a special exception.
(b) The temporary use of a manufactured housing unit as an accessory dwelling unit as per §§ 153.110, 153.120 through 153.180, 153.200 through 153.217, 153.230 through 153.234, and 153.250 through 153.255 of this code may be renewed annually subject to the criteria listed in § 153.230, Accessory uses and structures allowed, of the temporary uses subchapter §§ 153.230 through 153.234.
(c) Administrative review and renewal of a special exception for an accessory dwelling unit shall occur every five years and will be contingent upon confirmation by the Zoning Administrator that the structure complies with the accessory dwelling provisions of this chapter.
(3) Minor repair permits. If an application for a zoning permit is to effect only minor repairs, the Zoning Administrator shall be authorized to waive the requirement for an approved plat, site plan, and/or septic tank approval. The work to be performed shall be clearly defined in the zoning permit.
(4) Emergency permits.
(a) Individual. When a use, structure or building has been damaged or destroyed by fire, flood, wind, or other act of God, and strict compliance with zoning permit requirements will impair the health and safety of the affected individuals or the security of the premises, the Zoning Administrator may declare an emergency condition and grant a temporary administrative permit in accordance with the following requirements:
1. If the use, structure, or building complies with all applicable requirements of this chapter, a nonrenewable, temporary administrative permit shall be issued for a period not to exceed one year;
2. If the use, structure, or building is a legal nonconformity, and less than 50% of the appraised value has been damaged or destroyed, a nonrenewable, temporary administrative permit shall be issued for a period not to exceed one year; or
3. If the use, structure, or building is a legal nonconformity, and 50% or more of the appraised value has been damaged or destroyed, only emergency housing or the use of manufactured housing units for the conduct of emergency business operations while relocation efforts are in progress shall be allowed. The nonrenewable, temporary administrative permit shall be issued for a period not to exceed six months.
(b) Community. Where a major disaster affects the health, safety, or welfare of the general public and compliance with zoning permit requirements will delay remedial action, the Zoning Administrator shall be authorized, upon approval of the Town Administrator, to waive zoning permit requirements for a specified period of time.
(Ord. 2012-06, § 3.8, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012) Penalty, see § 153.999