(a) Purpose. Special exceptions are established to provide for the location of those uses that are generally compatible with other land uses within a zoning district. However, because of their unique characteristics or potential impacts on the surrounding neighborhood and the county as a whole, these uses require individual consideration of their location, design, configuration, and/or operation at the particular location proposed. Such individual consideration may also call for the imposition of individualized conditions in order to ensure that the use is appropriate at a particular location and to ensure protection of the public health, safety, and general welfare. Any use identified in this chapter as a special exception in a zoning district shall not be permitted without the approval of the Richland County Board of Zoning Appeals in accordance with the requirements and procedures set forth in this section.
(b) Pre-application procedure.
(1) Conference. Every applicant for a special exception is required to meet with the planning department in a pre-application conference prior to, or at the time of, the submittal of a request for approval of a special exception. The purposes of this conference are to provide additional information regarding the review process and to assist in the preparation of the application.
(2) Neighborhood meeting. Although not required, it is highly recommended that the applicant of the proposed special exception use meet with representatives of the neighborhood in which the proposed use will be located. This meeting will allow the applicant the opportunity to explain the proposed use and to be informed of the concerns of the neighborhood.
(c) Plan submittal.
(1) Application. An application for a special exception shall be filed by the owner of the property or an authorized agent on a form provided by the planning department. Other information necessary to show that the use or structure complies with the standards set forth in this chapter shall also be provided.
(2) Fees: An application fee, as established by the Richland County Council, shall be submitted with the application.
(3) Coordination with land development permit review. Completion of the applicable land development permit review will take place following review of the special exception by the board of zoning appeals. The ruling of the board of zoning appeals, including any conditions on approval added by the board of zoning appeals, shall be incorporated into the project approval by the staff and/or planning commission.
(d) Staff review. The planning department shall review the application and determine if it is complete within fifteen (15) days of its submittal. If the application is complete, the planning department shall schedule the matter for consideration at a public hearing by the board of zoning appeals. The planning department shall prepare a staff evaluation and recommendation regarding the submitted special exception application. The schedule for meetings of the board of zoning appeals and application deadlines for such meetings shall be maintained in the office of the planning department.
(e) Public notification. Notice of the public hearing shall be posted on the property for which a special exception is sought. Notice shall also be published in a newspaper of general circulation within the county no less than fifteen (15) days prior to the public hearing on the matter.
(f) Formal review.
(1) Action by the board of zoning appeals. Upon receipt of the application for a special exception from the planning department, the board of zoning appeals shall hold a public meeting on the proposed special exception. Any party may appear in person, or be represented by an authorized agent. After conducting the public hearing, the board of zoning appeals may:
a. Approve the proposed special exception;
b. Continue the matter to a date certain for additional consideration; or
c. Deny the proposed special exception.
Any approval or denial of the request must be by a concurring vote of a majority of those members of the board both present and voting. Such votes must be permanently filed in the planning department as a public record. The written decision of the board of zoning appeals must be delivered to the applicant.
(2) Standard of review. The board of zoning appeals shall not approve a special exception unless it finds that the regulations of this chapter have been met. The conditions set forth in Article VI. of this chapter, which set forth specific standards for a special exception, shall be binding on the board of zoning appeals and may not be varied. In addition to the definitive standards set forth in this chapter, the board of zoning appeals shall consider the following in reviewing a special exception:
a. Traffic impact;
b. Vehicle and pedestrian safety;
c. Potential impact of noise, lights, fumes, or obstruction of air flow on adjoining properties;
d. Adverse impact of the proposed use on the aesthetic character of the environs, to include the possible need for screening from view; and
e. Orientation and spacing of improvements or buildings.
(3) Conditions: In granting a special exception, the board of zoning appeals may prescribe conditions and safeguards in addition to those spelled out in this chapter. The board of zoning appeals may also prescribe a time limit within which the special exception shall be begun or completed, or both. All conditions placed on the project by the board of zoning appeals shall be incorporated into such project.
(g) Variances. Unless otherwise specified, variances from the specific standards for a special exception, set forth in Article VI. of this chapter, are not permitted. Other variances shall be reviewed as set forth for the applicable land development permit process.
(h) Appeals. A person who may have a substantial interest in the decision of the board of zoning appeals regarding a special exception may appeal from a decision of the board of zoning appeals to the circuit court, by filing with the clerk of the court a petition in writing setting forth plainly, fully and distinctly why the decision is contrary to law. The appeal must be filed within thirty (30) days after the decision of the board of zoning appeals is mailed. In the alternative, also within thirty (30) days, a property owner whose land is the subject of a decision by the board of zoning appeals may appeal by filing a notice of appeal with the circuit court accompanied by a request for pre-litigation mediation in accordance with Section 6-29-1150 and Section 6-29-1155 of the South Carolina Code of Laws.
All appeals must be taken in accordance with all applicable laws of the State of South Carolina.
(i) Permit validity. Permit validity for special exceptions shall be the same as those required for the applicable land development permit unless otherwise stated in the special exception order.
(Ord. No. 074-04HR, § V, 11-9-04)