§ 9.5. Application Procedures for Change or Relief

Step 1. Administrative Examination

Upon receipt of an application, the Zoning Administrator shall examine it for completeness, and shall, within ten (10) days, either return the application for additional information or forward it to the responsible governmental authority for review and action.

Step 2. Public Notice

All Applications

Public notice shall include announcing the application for change or relief in a newspaper of general circulation in Orangeburg County at least 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.

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 15 days prior to the hearing and shall indicate the nature of the proposed change, identification of the effected property, and time, date, and place of the hearing.

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

The Orangeburg County Council shall conduct a public hearing on all applications for change involving the text of the Zoning Ordinance and the Zoning Map.

The Orangeburg County Zoning Board of Appeals (ZBA) shall conduct a public hearing on all applications for relief involving variances and appeals.

Step 4. Action

By The Planning Commission

1.

The Planning Commission shall act on a completed application within 30 days after receipt thereof: (1) to defer for not more than 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 vote of approval.

2.

The Commission shall evaluate the proposed amendment relative to the following:

a.

How it relates to and affects the Comprehensive Plan.

b.

Changes in conditions since the adoption of the Plan or Ordinance.

c.

The need to correct an error or deficiency in the Ordinance or the Plan.

d.

Any benefits which would be derived from the amendment.

e.

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

The Commission shall forward its recommendation to the Orangeburg County Council for final action.

By the County Council

County Council shall consider the recommendation of the Planning Commission and vote to approve, deny, or modify the proposed amendment, or refer it back to the Planning Commission for further study, or take other action as it may deem necessary.

By the Board of Zoning Appeals

Applications for a variance from the requirements of this Ordinance and for appealing a decision of the Zoning Administrator shall be heard and decided by the Zoning Board of Appeals in accord with the requirements and procedures of Section 8.3-4.

Step 5. Notification of Action Taken

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

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 Zoning Administrator within seven days thereafter.

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 Planning Commission, Zoning Board of Appeals or County Council may appeal their decision to the Circuit Court in and for the County of Orangeburg 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 30 days after the decision of the Board is rendered. Where land is the subject of a decision by the Zoning Board of Appeals, notice of appeal to the Circuit Court may be accompanied by a request for pre-litigation mediation in accordance with S.C. Code 1976, § 6-29-825.