ORD 2014-16 Adopted ORDINANCE NO. 2014-16
AMENDING ARTICLE 4, SUPPLEMENTAL REGULATIONS, RELATED TO
SWIMMING POOL SETBACKS AND TEMPORARY CONSTRUCTION AND REAL
ESTATE OFFICES; ARTICLE 5, APPROVAL PROCEDURES, RELATED TO NOTICE
REQUIREMENTS AND TO PERMITS, VIOLATIONS AND ENFORCEMENT;
ARTICLE 10, LANDSCAPING, RELATED TO LANDSCAPE PLAN AND TREE
REMOVAL REQUIREMENTS; AND APPENDIX A, DEFINITIONS, OF THE NORTH
AUGUSTA DEVELOPMENT CODE, CHAPTER 18 OF THE CITY OF NORTH
AUGUSTA, SOUTH CAROLINA CODE OF ORDINANCES
WHEREAS, on December 17, 2007, by Ordinance 2007-22, the North
Augusta City Council adopted the North Augusta Development Code which is consistent
with the City's 2005 Comprehensive Plan and which incorporates all City zoning and land
development regulations; and
WHEREAS, pursuant to Title 6, Chapter 29 of the South Carolina Code, the
North Augusta Planning Commission may recommend amendments to the Development
Code for the purposes of technical clarification, error correction and to accommodate the
needs of the City's citizens, provided such amendments are consistent with the City's 2005
Comprehensive Plan; and
WHEREAS, the North Augusta Planning Commission, following a
September 18, 2014 public hearing, reviewed, considered and approved amendments to
specific sections of Article 4, Supplemental Regulations, related to swimming pool
setbacks and temporary construction and real estate offices; Article 5, Approval
Procedures, related to notice requirements and to permits, violations and enforcement;
Article 10, Landscaping, related to landscape plan and tree removal requirements; and
Appendix A, Definitions, of the North Augusta Development Code and recommended said
amendments to the City Council for approval.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, IN MEETING
DULY ASSEMBLED AND BY THE AUTHORITY THEREOF, THAT:
I. The North Augusta Development Code, Chapter 18 of The City of North
Augusta, South Carolina Code of Ordinances, Providing for New Zoning
and Land Development Regulations for the City of North Augusta, South
Carolina, is hereby amended and shall read as described in each of the
following sections. The section of the Code affected by each proposed
amendment is identified by the section number.
I I
ORDINANCE AMENDING THE NORTH AUGUSTA Page 2
DEVELOPMENT CODE—APPLICATION RZT 14-001
A. Line 8 of Table 4-1, Accessory Uses and Structures, in Article 4, Supplemental
Use Regulations, is amended to read:
TABLE 4-1 ACCESSORY USES AND ACCESSORY STRUCTURES
A B C D E
Accessory Uses Permissible Setback or Building Maximum Additional
Location Separation Height Standards
8. Swimming pools Side and rear 5 feet from rear and See 1,above All lighting shall be
yards. side lot lines; 3 feet shielded or directed
from structures. away from
adjoining
residences.
B. Lines 17 and 18 of Table 5-1, Notice Requirements in Article 4, Approval
Procedures are amended to read:
TABLE 5-1 NOTICE REQUIREMENTS (REV. 12-1-08; ORD. 2008-18)
A B C D E F G
Application Reviewing Public
Publication Mail Internet Sign
Agency Hearing
17. Annexation PC and CC No No No No No
(§18.3.7.3)
18. Street Abandonment PC and CC Yes Yes Yes Yes Yes
(§183.7.2)
C. Section 4.35.4 is amended to read:
4.35.4 Real Estate Sales and Construction Offices and
Equipment Sheds
a. Manufactured homes, modular homes and modular building units may
be permitted as temporary construction offices, real estate sales and
leasing offices and equipment buildings in any zoning district incidental
to a construction project. The office or shed shall not contain sleeping or
cooking accommodations and shall be removed within ten (10) days
after completion of the construction project, final sale or issuance of the
final certificate of occupancy, or 2 years from final subdivision
approval, whichever is earlier.
b. A new dwelling unit or lease space constructed separately or as a
portion of a larger structure may be used as a real estate sales office or
as a sales model or both. Units of different styles and floor plans may be
used as additional sales models.
c. All structures used temporarily as real estate sales or leasing offices,
models, construction offices or equipment sheds must be permitted,
constructed or installed and approved for occupancy as required by the
International Building Code.
ORDINANCE AMENDING THE NORTH AUGUSTA Page 3
DEVELOPMENT CODE—APPLICATION RZT 14-001
D. Section 5.1.6 is amended to read:
5.1.6 Revocation of Permit or Approval
5.1.6.1 Initiation — The Director shall investigate alleged violations
of development regulations or other provisions of this Chapter and
conditions on the approval of a development order. The Director shall
provide notice to the applicant and, if necessary, utilize the provisions of
Section 5.11 to achieve compliance. If the remedies provided in Section
5.11 are ineffectual and the Director determines that the revocation of a
development approval or permit is appropriate, a recommendation,
including the reason(s) for the determination, shall be made to the Board of
Zoning Appeals who shall conduct a public hearing on the matter at the next
regular meeting scheduled after all public notice requirements have been
met.
5.1.6.2 Grounds for Revocation — The following shall be
considered grounds for revocation of a permit:
a. The intentional provision of materially misleading information by the
applicant. The provision of information is considered "intentional"
where the applicant was aware of the inaccuracies or could have
discovered the inaccuracies with reasonable diligence; or
b. The failure to comply with the development regulations or other
provisions of this Chapter or any condition of a development order or
development permit.
5.1.6.3 Notice and Public Hearing — See S.C. Code §6-29-790 and
Article 18 of this Chapter. Said notice shall be in writing and delivered by
personal service or certified mail to the permit holder and shall inform the
permit holder of the Director's recommendation as well as the date and
location of the hearing before the Board.
5.1.6.4 Decision and Notice — See S.C. Code §§6-29-790 and 6-29-
800, and Article 18 of this Chapter. Said order shall contain findings that
address the basis for the decision by, at a minimum, stating the condition(s)
that the Board of Zoning Appeals found have been violated, the harm such
violation has caused, and, the reason such violation cannot be cured.
5.1.6.5 Effect and Appeals — A petition complaining of the Board
of Zoning Appeals' decision may be presented to a court of competent
jurisdiction within the time provided by S.C. Code §6-29-820.
5.1.6.6 Right Cumulative — The right to revoke a development
permit, as provided in this section, shall be cumulative to any other remedy
allowed by law.
1
1
ORDINANCE AMENDING THE NORTH AUGUSTA Page 4
DEVELOPMENT CODE—APPLICATION RZT 14-001
E. Section 5.1.9 is deleted in its entirety.
F. Section Title 5.11 and Sections 5.11.1 and 5.11.2 are amended to read:
5.11 VIOLATIONS, PENALTIES AND ENFORCEMENT
5.11.1 Violations
Violations of the provisions of this Chapter or failure to comply with any of
its requirements, including violation of conditions and safeguards
established in connection with grants of variance or special exceptions, or
failure to comply with a compliance directive issued by the Director, the
City Engineer or any other authorized representative of the City shall
constitute a misdemeanor. Each day the violation continues shall be
considered a separate offense.
5.11.2 Penalties
Any person found to be in violation of the provisions of this Chapter or who
fails to comply with any of its requirements shall be punishable as provided
in Section 1-8 of the North Augusta Municipal Code of Ordinances. Each
day in violation of the provisions of this Chapter shall constitute a separate
and distinct offense. The penalties shall be in addition to any remedial
activity needed to safeguard the public, the environment or the City
infrastructure.
G. A new Section 5.11.3 is added to read:
5.11.3 Enforcement
a. Any violation of a provision of this Chapter or violation of or deviation
from an approved application for development approval, site
development permit, grading permit or building permit, or site
development undertaken in such a manner as to adversely affect the
health, welfare, or safety of persons residing or working in the
neighborhood or development site so as to be materially detrimental to
the public welfare or injurious to property or improvements in the
neighborhood will result in the issuance of a stop work order by the
City. The stop work order will be in the form of a written notice and
will provide for the suspension of the applicable development permit(s).
b. All development activity covered by the approved application for
development approval, site development permit, grading permit or
building permit will cease until the permittee under the approved
application for development approval has received authorization to
resume development activity from the City. Prior to consideration of an
authorization to resume development activity, the permittee shall
prepare a Correction, Compliance and Mitigation Plan to correct
identified deviations from the approved development plan, bring any
violations into compliance, and mitigate any damages created by the
deviations or violations. Necessary mitigation proposed by the plan
shall be designed to restore damaged areas, incomplete or unsafe
construction or inadequate development installations to an acceptable
1
ORDINANCE AMENDING THE NORTH AUGUSTA Page 5
DEVELOPMENT CODE—APPLICATION RZT 14-001
condition. In the case of damage to the natural environment including
riparian buffers, designated natural open space, natural terrain or City
owned property, the restoration shall be to a condition similar to what
existed prior to the damage as determined by the City.
c. The City's authorization to resume development will be based on the
Correction, Compliance and Mitigation Plan, the approval by any and
all state or federal agencies with jurisdiction, and an agreement by the
permittee to implement the plan. The Correction, Compliance and
Mitigation Plan shall be implemented prior to the continuation of any
other development activity. The Correction, Compliance and Mitigation
Plan may provide for concurrent mitigation and continued development
activity if the City determines that that the continued development
activity does not conflict with required mitigation or restoration work.
d. Nothing herein contained shall prevent the City from taking such other
lawful action as is necessary to prevent or remedy a violation.
H. Section 10.4.1 is amended to read:
10.4.1 Landscape Plan Required
Landscape Plans shall accompany every application for a minor site plan,
major site plan and major subdivision plan. Such plans shall be sealed by a
landscape architect or certified by a nurseryman, horticulturalist or certified
landscape contractor. Landscape Plans shall conform to the requirements of
Appendix B, Application Documents.
I. Section 10.4.2 is deleted in its entirety.
J. Appendix A is amended to modify the following existing definitions:
Land Disturbing Activity
Any grading, scraping, excavating or filling of land; clearing of vegetation;
and any construction, rebuilding or alteration of a structure or any activity
which may result in soil erosion from and the movement of sediments into
waters or onto lands within the City, including, but not limited to, clearing,
dredging, grading, excavating, transporting and filling of land. Land
disturbing activity shall not include activities such as ordinary maintenance
and landscaping operations, individual home gardens, yard and grounds
upkeep, repairs, additions or minor modifications to a single-family
residence, agricultural practices and the cutting of firewood for personal
use.
Open Space
Any parcel or area of land or water set aside, dedicated, designated or
reserved for public or private use and enjoyment of owners and occupants
of land adjoining or neighboring such open space. Open space may be
natural or may be improved as a natural area, greenbelt, park, Greeneway,
green, playground or a landscaped traffic management amenity including a
traffic circle, roundabout or close.
ORDINANCE AMENDING THE NORTH AUGUSTA Page 6
DEVELOPMENT CODE—APPLICATION RZT 14-001
Perennial Stream
A stream that flows into a well-defined channel throughout most of the year
under normal climatic conditions.
Tree
Any self supporting woody perennial plant which has a caliper of two (2)
inches or more and which normally obtains a height of at least ten (10) feet
at maturity, usually with one (1) main stem or trunk and many branches.
K. Appendix A is amended to add the following definitions:
Endangered Species
Animal, bird, fish, plant, or other living organism threatened with extinction
by natural or man-made changes in its environment.
Ephemeral Stream
A stream that typically has no well defined channel and flows only in direct
response to precipitation with runoff.
Grading
The movement of earth by mechanical means to alter the gross topographic
features, including elevation and slope, to prepare a site for final grading
and construction of facilities, including roads, utilities, structures and
parking lots.
Heavy Timber
Sawn lumber pieces having a smallest dimension of at least five (5) inches.
Intermittent Stream
A stream with flowing water from a headwater that flows into a well-
defined channel during wet seasons of the year but not for the entire year.
Native Tree Cluster
A grouping or cluster of healthy mature, or near mature, trees that covers an
area of not less than one quarter (1/4) of an acre. The composition of the
trees within the cluster must be composed primarily of species that are
native to the Central Savannah area or Piedmont area of South Carolina.
Exotic tree species must not comprise more than twenty-five percent (25%)
of the cluster.
Natural Open Space
Any parcel or area of identified open space that is defined as a conservation
area, Natural Area or Greenbelt Open Space Area as provided for in Article
11. Natural open space is left in a natural state. Any modifications to natural
open space are minimal and are limited to removal of debris; selective
clearing of understory plant material to provide views; removal of dead,
dying, or exotic vegetation; construction of trails; and the installation of
passive recreation amenities including benches and viewing areas. Natural
1
ORDINANCE AMENDING THE NORTH AUGUSTA Page 7
DEVELOPMENT CODE—APPLICATION RZT 14-001
open space required by this Chapter or provided as an element of a
development may be dedicated to the City.
Nonresidential Use
A land use other than a residential land use as listed in Section 3.0,
Residential Uses, of Table 3-2, Use Matrix, and related accessory uses.
Nonresidential uses include all
uses listed in Sections 1.0 and 4.0 through
oug
12.0 of Table 3-2, Use Matrix. Nonresidential uses do not include Natural
Open Space, conservation areas, riparian buffers or other platted buffers.
Specimen Tree
A tree that is part of an historic site has been designated as a Champion
Tree by the South Carolina Forestry Commission and the Department of
Forestry and Natural Resources at Clemson University or is seventy-five
percent (75%) or more of the DBH of the current state Champion of that
species; has a diameter of twenty-four (24) inches at four and one-half(4.5)
feet above the ground; has an exceptional canopy shape and beauty; is a
rare, threatened or endangered species: or is individually identified on an
approved forest conservation plan.
II. All other Ordinances or parts of Ordinances in conflict herewith are, to the
extent of such conflict, hereby repealed.
III. This Ordinance shall become effective immediately upon its adoption on
third reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
Is' DAY OFD�„m1I-2142_, 2014.
First Reading
Lark W. Jones, Mayor
Second Reading /1-1 I`�
Third Reading 11-' '' t ATTEST:
.
Donna B. Young, City Clerk
f �