(a) The regulations specified within this Ordinance shall be considered minimum regulations and shall be applied uniformly to all individuals and businesses within the jurisdiction of the City.
(b) Uses not permitted (whether expressly permitted or permitted upon interpretation and classification by the City Engineer/Planning Director or designee as follows) within a Zoning District shall be deemed excluded. For the elimination of any doubt, industrial uses are not permitted in any Zoning District – the intent being that such uses are best situated at industrial parks and other sites in Berkeley County. The City Engineer/Planning Director or designee, as defined in Section 1301.08
(a), shall interpret the classification of all land Uses within the context and intent of this Zoning Ordinance and may issue a decision regarding whether a particular Use is permitted or excluded in a Zoning District, all in accordance with Article 1327
, Zoning Uses.
(c) When this Ordinance places a greater restriction than is imposed or required by other provisions of law, or by other rules, regulations, Ordinances, or by private restrictions, covenants, or declarations, the provisions set forth in this Ordinance shall prevail, except where otherwise specifically stated herein. Without limitations of the foregoing, in the event of a conflict between or among the provision of this Ordinance, the City’s Subdivision and Land Development Ordinance, and/or any other Codified Ordinance of the City, the conflicting provisions shall be given precedence in the following order:
(1) The provisions of this Ordinance;
(2) The provisions of the City’s Subdivision and Land Development Ordinance; and
(3) The provisions of the City’s other Codified Ordinances with precedence among them given to the provision bearing the latest date of passage.
(d) If there is a conflict between or among the provisions of this Ordinance, the stricter regulation shall apply.
(e) Private covenants contained in any Deed or Declaration are not enforceable by the City, however, such covenants may, as a factor, be considered in the exercise of its sound discretion by the Board of Zoning Appeals when called upon to consider Variance requests and neighborhood compatibility factors related thereto.
(Ord. 2021-07. Passed 7-21-21.)