ORD 2020-09 Failed c o
Famed 3•,1•Roao
ORDINANCE NO. 2020-09
AMENDING ARTICLE 18—ADMINISTRATION 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 Comprehensive Plan and which incorporates all City zoning and land
development regulations; and
WHEREAS, pursuant to Section 5.3.3.2 Text Amendments in Article 5,
Approval Procedures,of the North Augusta Development Code,any person,property owner,
board, commission, department or the City Council may apply for a change in zoning
ordinance text; and
WHEREAS,the North Augusta Planning Commission, following a February
20, 2020, public hearing, reviewed and considered a request by the Planning and
Development Department to amend Article 18 — Administration, to add term limits for
appointed Planning Commissioners. The Planning Commission report has been provided to
City Council for consideration.
The Mayor and City Council have reviewed the request as well as the report
from the Planning Commission and has determined that the change to the text of the
Development Code is appropriate.
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 the following
section. The section of the Code affected by the proposed amendment is
identified by the section number.
0 0
A. Article 18, Administration, Section 18.2.1 Terns is amended to read:
18.2.2.1. Terms
a. The Planning Commission shall consist of seven(7) members appointed
by the City Council upon recommendation by the Mayor,and shall serve
four(4) year terms. Upon a vacancy created by a resignation of any
member,the vacancy should be filled for the unexpired term in the manner
as are original appointments.
b. For terms expiring after 2020,members may be reappointed for a
maximum of two(2)full terms plus any unexpired term they may have been
appointed to fill. Members may be reappointed after one (1) full calendar
year.
B. Article 18, Administration,Table of Contents will be edited to reflect new page
numbers,titles or item numbering associated with the text changes outlined
herein.
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
second reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
' 2020.
First Reading 3.2.702D Fa/
Robert A. Pettit,Mayor
Second Reading
Third Reading NIA ATTEST:
Sharon Lamar, City Clerk
0
Department of Planning North
Augusta
and Development south Carolina's i&V'rfmrx
Project Staff Report
RZT19-007:Article 18—Administration
Prepared by: Libby Hodges
Meeting Date: February 20,2020
SECTION 1: PROJECT SUMMARY
Project Name Article 18--Administration
Applicant City of North Augusta
Proposed Text Amendment A request by the City of North Augusta to revise to Article 18,
Administration, to add term limits for members appointed to
the Planning Commission.
SECTION 2: GENERAL DESCRIPTION
The Planning Commission has requested a revision to Article 18, Administration, to add term
limits for members appointed to the Planning Commission.
SECTION 3: PLANNING COMMISSION CONSIDERATION
The Planning Commission is being asked to review a request for a text amendment based on the
following provisions of the North Augusta Development Code:
5.1.4.6 Legislative and Advisory Hearings — The purpose of a legislative public hearing is to
provide the public an opportunity to be heard consistent with the adoption procedures provided
by statute. Unlike quasi-judicial hearings, a legislative proceeding does not require due process
protections such as the right of the parties to offer evidence, cross-examination, sworn
testimony; or written findings of fact. Like quasi-judicial hearings, legislative hearings are public
hearings preceded by notice to interested parties. Public hearings are required for legislative
review hearings such as amendments to a comprehensive plan, amendments to this Chapter
including the zoning provisions of this Chapter and the Official Zoning Map, and applications for
a Planned Development. The order of the proceedings for a legislative hearing shall be as set
forth in §5.1.4.5.b. Testimony may be presented by any member of the public, but need not be
submitted under oath or affirmation.The Planning Commission and Board of Zoning Appeals may
establish a time limit for testimony.
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Proiect Staff Report
RZT19-007 Article 18—Administration
Amendment to Add Planning Commission Term Limits
Prepared by:Libby Hodges
Meeting Date:February 20,2020
5.3.2 Applicability
This section applies to any application for an amendment to the text of this Chapter or for an
amendment to the Official Zoning Map. An amendment to the Oficial Zoning Map which
reclassifies property from one zoning district to another is known as a "rezoning." A change to
the text of this Chapter is referred to as a "text amendment'.
5.3.3 Initiation
This Chapter, including the Official Zoning Map and any supporting map(s), may be amended
from time to time by the City Council, but no amendment shall become effective unless it shall
have been proposed by or shall have first been submitted to the Planning Commission for review
and recommendation.Any communication purporting to be an application for a change shall be
regarded as mere notice to seek relief until it is made in the form required. Upon receipt of any
communication, the interested parties shall be supplied with the proper application form(s) by
the Director.
(5.3.3.1 Rezoning, does not apply, removed for brevity)
5.3.3.2 Text Amendment—Any person,property owner,board,commission,department
or the City Council may apply for a change in zoning ordinance text. A proceeding for
approval of a text amendment may be initiated by filing an application with the
Department. The application shall be signed by the applicant and shall include the
language of the proposed amendment to the text of this Chapter and the justification for
the proposed change. Before any application is accepted by the Department, it is
recommended that the applicant meet with a representative of the Department. The
purpose of the pre-application meeting is to discuss the procedures and requirements for
a text amendment request. During the conference, the Department will identify the
submittal requirements.
5.3.5 Decision
5.3.5.1 The Director shall transmit the application to the Planning Commission for
consideration at the next regularly scheduled monthly meeting following receipt of a
complete application, provided that the complete application is submitted at least thirty
(30)calendar days prior to said meeting. Notice of the public hearing shall be provided as
set forth in §5.1.3. The Planning Commission shall approve or deny the zoning
amendment in accordance with the procedures for a legislative hearing as set forth in
§5.1.4.6.
Page 2 of 4
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Project Staff Report
RZT19-007 Article I8-Administration
Amendment to Add Planning Commission Term Limns
Prepared by:Libby Hodges
Meeting Date:February 20,2020
5.3.5.2 At least ten (10) days' notice and opportunity to comment must be given to the
public if the applicant is allowed to present oral or written comments pursuant to S.C.
Code §6-29-760.
5.3.5.3 The Planning Commission shall submit its recommendation to the City Council
within thirty(30) calendar days, or other period required by law, after the initial hearing
date(see S.C.Code§6-29-760(A).A majority vote is required for the Planning Commission
to approve,approve with conditions,if applicable,or deny a rezoning or text amendment
application. A recommendation of approval with conditions of a rezoning may be
submitted only if a conditional use permit is requested pursuant to§5.5.
5.3.5.4 The City Council shall consider the recommendation of the Planning Commission
on each proposed rezoning and text amendment within thirty(30) days of receipt of the
Planning Commission report. The City Council is not bound by the recommendation in
making a final decision and may call for additional information and/or public hearing(s).
5.3.5.5 No challenge to the adequacy of notice or challenge to the validity of a rezoning
or text amendment, whether enacted before or after the effective date of this section,
may be made sixty (60) days after the decision of the City Council if there has been
substantial compliance with the notice requirements of this section, with established
procedures of the City Council and the Planning Commission and with S.C. Code §6-29.
5.3.6 Approval Criteria
Whenever the public necessity, safety or general welfare justifies such action, the Planning
Commission may recommend amendments to the text of this Chapter or changes to zoning
district boundaries. The Planning Commission shall consider all of the factors specified in this
section,at a minimum,in reviewing an application for a rezoning.The Planning Commission shall
consider the factors specified in §5.3.3.2 in reviewing an application for a text amendment.
The Planning Commission is being asked to review the proposed text changes and provide a
recommendation of approval or denial, which will be forwarded to the City Council. Section
5.3.3.2 does not require additional standards for analysis to address in this staff report.
Page 3 of 4
Project Staff Report
RZT19-007 Article 18-Administration
Amendment to Add Planning Commission Term Limits
Prepared by:Libby Hodges
Meeting Date:February 20,2020
SECTION 4: PUBLIC NOTICE
A public notice of the text amendment request and scheduled date of the Planning Commission
public hearing was published in the North Augusta Star and on the City's website
www.northougusta.net on February 13, 2020.
SECTION 5: HISTORY
The North Augusta Development Code was adopted by City Council on December 17, 2007,
effective January 1, 2008. In several study sessions in the second quarter of 2019, the Planning
Commission reviewed the current Rules of Procedure and recommended several changes.Those
changes were formally adopted at the January 16, 2020, Planning Commission meeting. At that
time,staff recommended that term limits be revised in the text of the development code instead
of the Rules,as it would be more enforceable.
SECTION 6: SUMMARY OF CHANGES AND PROPOSED AMENDMENTS
The Planning Commission is asked to consider removing and correcting references to Article 18:
Administration.
In the attached drafts, items•`•-••gh are removed and items underlined are added.
SECTION 7: ATTACHMENTS
1. Public Notice
2. Revised Text of Article 18(2 pages)
Page 4 of 4
C O
City of
North Augusta, South Carolina
Planning Commission
PUBLIC HEARING NOTICE
The North Augusta Planning Commission will hold a public hearing at its
regular monthly meeting beginning at 7:00 PM on February 20, 2020, in the
Council Chambers, North Augusta Municipal Center, 100 Georgia Avenue,
North Augusta, South Carolina, to receive public input on the following
applications:
RZT79407—A request by the City of North Augusta to add term limits for
Planning Commissioners in Article 18, Administration, of the North Augusta
Development Code.
RWA20-001 —A request by Westo Development Company, LLC to abandon
a five foot portion of right-of-way along Westo Street located within Blocks
16 and 17 of Phase D in the Hammond's Ferry Planned Development.
Documents related to the applications will be available for public inspection
after February 13th in the Department of Planning and Development on the
second floor of the North Augusta Municipal Center, 100 Georgia Avenue,
North Augusta, South Carolina, 803-441.4221. Citizens and property owners
interested in expressing a view on the request are encouraged to attend.
CITIZEN ASSISTANCE:
Individuals needing special assistance or a sign interpreter to participate in
the meeting are asked to please notify the Department of Planning and
Development at 803441-4221 at least 48 hours prior to the meeting.
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ARTICLE 18 — ADMINISTRATION
TABLE OF CONTENTS Page
18.1 Authority.........................................................................................................18-1
18.2 Planning Commission....................................................................................18-1
18.2.1 Statutory Authority................................................................................18-1
18.2.2 Members and Appointment..................................................................18-1
18.2.3 Jurisdiction............................................................................................18-2
18.2.4 Board of Zoning Appeals Decision.......................................................18-2
18.3 Planning Commission Rules of Procedure..................................................18-2
18.3.1 Authority ...............................................................................................18-2
18.3.2 Officers.................................................................................................18-2
18.3.3 Meetings...............................................................................................18-2
18.3.4 Public Hearings ....................................................................................18-3
18.3.5 Records................................................................................................18-3
18.3.6 Review Procedures ..............................................................................18-4
18.3.7 Additional Reviews...............................................................................18-4
18.4 Board of Zoning Appeals...............................................................................18-4
18.4.1 Statutory Authority................................................................................18-4
18.4.2 Members and Appointment..................................................................18-5
18.4.3 Order of Interpretation..........................................................................18-5
18.4.4 Purpose................................................................................................18-5
18.4.5 Appeals to the Board of Zoning Appeals..............................................18-5
18.5 Board of Zoning Appeals Rules of Procedures...........................................183
18.5.1 Officers.................................................................................................18-8
18.5.2 Appeals Process...................................................................................18-9
18.5.3 Meetings.............................................................................................18-10
18.5.4 Stay of Proceedings...........................................................................18-11
18.5.5 Public Notice.......................................................................................18-11
18.5.6 Expiration of Variance or Special Exception.......................................18-11
18.5.7 Appeals from Board of Zoning Appeals..............................................18-11
18.5.8 Subsequent Applications....................................................................18-11
18.1 AUTHORITY
The agencies designated in this Article are established pursuant to the authority delegated
to cities and counties in South Carolina under the Code of Laws, Title 6, Chapter 29.
18.2 PLANNING COMMISSION
18.2.1 Statutory Authority
A Planning Commission is hereby established pursuant to S.C. Code, §6-29-320.
18.2.2 Members and Appointment
18.2.2.1. Terms
a. The Planning Commission shall consist of seven (7) members appointed by the City
Council upon recommendation by the Mayor, and shall serve four (4) year terms.
lata . Upon a vacancy created by a
North Augusta Development Code 18-1
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ARTICLE 18—ADMINISTRATION
resignation of any member, the vacancy should be filled for the unexpired term in the
manner as are original appointments.
b. For terms expirino after 2020 members may be rea000inted for a maximum of two(2)
full terms olus any unexpired term they may have been appointed to fill Members may
be reappointed after one (1)full calendar year.
18.2.3 Jurisdiction
The jurisdiction of the Planning Commission is established pursuant to S.C. Code§6-29-
1110, wherein, approval of major subdivisions by the Planning Commission is hereby
required as a condition for the filing of final plats approved pursuant to such major
subdivisions with the Office of the Registrar of Mesne Conveyance(RMC)of Aiken County
or the Office of the Clerk of Court of Edgefeld County, except as provided in S.C. Code
§6-29-1110 (2) and Article 5, Approval Procedures.
18.2.4 Board of Zoning Appeals Decision
The decision of the Board of Zoning Appeals shall substitute for that of Planning
Commission whenever the Board of Zoning Appeals has jurisdiction over a subdivision or
site plan pursuant to S.C. Code §6-29-800(A)(1).
18.3 PLANNING COMMISSION RULES OF PROCEDURE
18.3.1 Authority
These rules of procedure are adopted pursuant to S.C. Code §6-29-360.
18.3.2 Officers
The officers of the Planning Commission shall be a chairman and a vice-chairman elected
for one (1) year terms at the last meeting of the Planning Commission in each calendar
year prior to the term. The officers of the Planning Commission may serve consecutive
terms.The Director shall serve as secretary to the Planning Commission.
18.3.2.1 Chairman — The chairman shall be a voting member of the Planning
Commission and shall:
a. Call meetings of the Planning Commission;
b. Preside at meetings and hearings;
c. Act as spokesperson for the Planning Commission;
d. Transmit reports and recommendations to the Mayor and City Council; and
e. Perform other duties approved by the Planning Commission.
18.3.2.2 Vice Chairman — The vice chairman shall exercise the duties of the
chairman in the absence, disability, or disqualification of the chairman. In the absence of
the chairman and vice chairman, an acting chairman shall be elected by a majority of the
members present at any regular meeting.
18.3.2.3 Secretary to the Planning Commission—The secretary shall:
a. Provide notice of meetings;
b. Assist the chairman in preparation of agendas;
c. Cause minutes of meetings and hearings to be kept;
d. Sign documents for the Planning Commission;
e. Maintain Planning Commission records as public records;
North Augusta Development Code 18-2