A. Procedure.

Step 1. Administrative Examination. Upon receipt of an application, the director of planning and facilities shall examine it for completeness, and shall, within ten days, either return the application for additional information or forward it to the responsible governmental authority for review and action.

Step 2. Public Notice.

1. All Applications. Public notice shall include announcing the application for change or relief in a newspaper of general circulation in Colleton County at least fifteen (15) days prior to the time the application is scheduled for a public hearing. The notice shall state the nature of the change and the time, date, and place of the hearing.

2. Application for Zoning Map Change. In addition to the above, notice of an application for a map change (amendment) shall include posting the affected property. Such notice shall be posted at least fifteen (15) days prior to the hearing and shall indicate the nature of the change proposed, identification of the property affected, and time, date, and place of the hearing.

3. Application for a Variance. In addition to public notice in a newspaper of general circulation, notice of an application for a variance shall be given to all parties of interest.

Step 3. Public Hearing.

1. The county council shall conduct a public hearing on all applications for change involving the text of the zoning ordinance, and the zoning map.

2. The county board of zoning appeals (ZBA) shall conduct a public hearing on all applications for relief involving variances and appeals.

Step 4. Review and Action.

1. By the Planning Commission.

a. The planning commission shall act on a completed application within thirty (30) days after receipt thereof (1) to defer not more than thirty (30) days or (2) to recommend either denial or approval. The decision shall be determined by a majority of those voting. Failure to act within said time frame shall constitute a recommendation of approval.

b. The commission shall evaluate the proposed amendment relative to the following:

i. How it relates to and affects the comprehensive plan.

ii. Changes in conditions since the adoption of the plan or ordinance.

iii. The need to correct an error or deficiency in the ordinance or the plan.

iv. Any benefits which would be derived from the amendment.

v. Any cost to the government generated by the amendment in terms of expenditures for public improvements, facilities, and services.

c. The commission shall forward its recommendation to Colleton County council for final action.

2. By the County Council. County council shall consider the recommendation of the planning commission and vote to approve, deny, or modify a proposed amendment, or refer it back to the planning commission for further study, or take other action as it may deem necessary.

3. By the Board of Zoning Appeals.

a. Applications for a variance shall be evaluated by the board of zoning appeals on the basis of the following conditions:

i. That a variance from the terms of this title will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions will in an individual case, result in an unnecessary hardship;

ii. That the spirit of the ordinance will be observed, public safety and welfare secured, and substantial justice done;

iii. That there are extraordinary and exceptional conditions pertaining to the particular piece of property;

iv. That these conditions do not generally apply to other property in the vicinity;

v. That because of these conditions, the application of the ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property;

vi. That the authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the district will not be harmed by the granting of the variance; and

vii. That public fire protection is not inhibited.

b. The board may not grant a variance the effect of which would be to allow the establishment of a use not otherwise permitted in a zoning district, to extend physically a nonconforming use of land, or to change the zoning district boundaries shown on the official zoning map. The fact that property may be utilized more profitably, should a variance be granted, may not be considered grounds for a variance.

c. Where an application for a variance is within a flood hazard area, the board, in addition to the above, shall consider the following in its deliberations:

i. The danger that materials may be swept onto other lands to the injury of others;

ii. The danger to life and property due to flooding or erosion damage;

iii. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage;

iv. The importance of the services provided by the proposed facility to the community;

v. The necessity of the facility to a waterfront location, in the case of a functionally dependent facility;

vi. The availability of alternative locations, not subject to flooding or erosion damage;

vii. The safety of access to the property in times of flood;

viii. The expected heights, velocity, duration, rate of rise, and sediment transport of flood waters; and

ix. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities.

d. Applications appealing decisions of the director of planning and facilities shall be heard and decided by the zoning board of appeals based on information presented by the applicant and the director of planning and facilities relative to the specific ordinance provision being appealed.

Step 5. Notification.

1. All applicants for change or relief from the provisions of this title shall be notified in writing of final action.

2. An approved amendment by county council shall become effective immediately after such adoption and any such amendment to the zoning map(s) shall be made by the director of planning and facilities within seven days thereafter.

3. An approved variance or appeal shall be accompanied by an order of the zoning board of appeals to direct the issuance of a permit.

Step 6.

Appeals. Any person who may have a substantial interest in any decision of the board of zoning appeals may appeal said decision to the circuit court in and for the County of Colleton by filing with the clerk of such court a petition in writing setting forth plainly, fully, and distinctly wherein such decision is contrary to law. Such appeal shall be filed within thirty (30) days after the decision of the board is rendered.

B. Consideration of Denied Applications. Neither the planning commission, county council, nor the board of zoning appeals shall reconsider an application for change or relief to the same lot, parcel or portion thereof, within a period of one year from the date of final determination and notification. (Ord. 99-O-25 § 9.5, 1999)