ORD 2025-05 - Moratorium - North Augusta Amendment - Adopted
ORDINANCE 2025-05
AN ORDINANCE OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA
IMPOSING A MORATORIUM ON THE ISSUANCE OF CERTIFICATES OF ZONING
COMPLIANCE, BUILDING PERMITS, DESIGN REVIEW APPROVALS, SITE
DEVELOPMENT PLAN APPROVALS, SUBDIVISION APPROVALS, OR OTHER
SIMILAR LAND USE OR CONSTRUCTION APPROVALS FOR ANY
MULTI-FAMILY DEVELOPMENTS .
NOW THEREFORE, be it ordained by the City Council of the City of North Augusta (the “City
Council”), the governing body of the City of North Augusta, South Carolina (the “City”), as
follows:
Section 1 Findings. The City Council hereby makes the following findings of fact in connection
with the enactment of this ordinance (this “Ordinance”):
(a) The City Council is empowered pursuant to Section 5-7-30 of the Code of Laws of South
Carolina 1976, as amended, to enact such regulations as are necessary for the security,
general welfare, and convenience, of the City or for preserving health, peace, order, and
good government within the City. The City Council is additionally empowered pursuant
to Title 6, Chapter 29, Article 5 of the Code of Laws of South Carolina 1976, as amended
(the “Act”), to enact regulations regarding land use within the City.
(b) Pursuant to the Act, the City Council has enacted The North Augusta Development Code
(the “Development Code”) which regulates development and land use within the City.
The Development Code permits the use of property for Multi-Family Developments (as
defined herein) in certain areas of the City.
(c) The Development Code allows Multi-Family Developments as a “conditional use” in all
commercial and mixed-use districts of the City which include, the Office Commercial,
Neighborhood Commercial, General Commercial, Thoroughfare Commercial, Corridor
Preservation, Downtown Mixed Use 1, and Downtown Mixed Use 2 areas of the City as
well as the Mixed Residential (R-5) zoning district and the areas of some planned unit
developments within the City. As a result, Multi-Family Developments are permitted in
the vast majority of the area within the corporate limits of the City.
(d) The City has experienced significant growth with a population increase of approximately
36% since 2000. According to the U.S. Census Bureau, the City grew by approximately
13% from 2010 to 2020 and has grown by an additional 4% from 2020 to 2022, the most
recent year for which population estimates are available. Rapid population growth has the
potential to place undue strain on the City’s infrastructure, including water, sewer, and
roads, and the City’s ability to continue providing high-quality municipal services such as
police and fire protection.
(e) The City currently has 36 residential projects in the design or development phase. These
projects total 8714 new dwelling units of which 33%, or 2,883, are proposed to be multi-
family.
(f) Due to the density of Multi-Family Developments have the potential to overburden the
infrastructure and public services in specific areas of the City at a higher pace and to a
greater degree than other types of residential development. The high percentage of the
City in which Multi-Family Developments are a permitted use and the particular risks
posed by Multi-Family Developments inhibits the City’s ability to engage in long-term
planning to ensure that it is able to adequately provide infrastructure and public services
to support development of this type. Moreover, second-order effects of rapid growth in
isolated areas of the City may not be considered and mitigated under current
requirements for traffic impact analyses and other development review procedures.
(g) The overburdening of the City’s infrastructure and public services, including the City’s
road system, has the potential to negatively impact the public health, safety, and welfare
of the City and its citizens. The City Council has determined that these conditions present
substantial risks to the public health, safety, and welfare of the City and its citizens.
(h) In order to ensure that the regulations concerning Multi-Family Developments including
the zoning districts under the Development Code where Multi-Family Developments are
a permitted use or conditional use, are sufficient to protect the public health, safety, and
welfare of the City and its citizens, the City Council has determined that it is necessary to
review the applicable terms of the Development Code and consider amendments, new
regulations, or rezoning to achieve these purposes. To give the City Council, the City of
North Augusta Planning Commission (the “Planning Commission”), and the City’s staff
adequate time to conduct such a review and consider appropriate amendments, new
regulations, or rezoning, the City Council has determined that it is appropriate to
implement a temporary moratorium on approvals for Multi-Family Developments, as set
forth in greater detail in Section 2 of this Ordinance.
Section 2 Moratorium on Multi-Family Developments
By and through the enactment of this Ordinance, the City Council hereby imposes a moratorium
on the issuance of certificates of compliance, building permits, design review approvals, site
development plan approvals, or other similar land use or construction approvals under the
Development Code or other City ordinances until August 7, 2027. The City Council hereby
declares that this Ordinance, and the moratorium imposed hereby, shall be subject to the
“pending ordinance doctrine,” which shall be effective upon the first reading hereof and the
publication of a notice of public hearing in connection herewith.
Section 3 Exemptions:
(a) Existing/ongoing planned developments (PDs), this exemption applies even though such
planned developments or sites may not yet be fully built out.
(b) Properties with approved development or site plans, even if development has not started.
(c) City Council may approve additional planned developments during the moratorium
which will be exempt.
Section 4 Recommendations Multi-Family Developments Development Regulations.
During the pendency of the moratorium enacted hereby, City staff and the Planning Commission
shall study the extent to which Multi-Family Developments are permitted within the various
areas and neighborhoods of the City; the long-term effect on the City’s neighborhoods, citizens,
and businesses of the proliferation of Multi-Family Developments within the City; appropriate
amendments to the Development Code as may be necessary to protect the public health, safety,
and welfare of the City and its citizens; and whether it may be necessary to enact new regulations
for Multi-Family Developments that may be essential to protect the public health, safety, and
welfare of the City and its citizens.
Section 5 Severability.
If any one or more of the provisions of this Ordinance should be contrary to law, then such
provision shall be deemed severable from the remaining provisions and shall in no way affect the
validity of the other provisions of this Ordinance.
Section 6 Repealer.
Nothing in this Ordinance shall be construed to affect any suit or proceeding pending in any
court, or any rights acquired or liability incurred, or any cause of action acquired or existing,
under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any
character be lost, impaired or affected by this Ordinance, except as expressly set forth herein and
as may be permitted under South Carolina law.
Section 7 Inconsistency.
All ordinances, resolutions or parts of any ordinances or resolutions inconsistent or in conflict
with the provisions of this Ordinance are hereby repealed to the extent of the conflict or
inconsistency.
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. City Council hereby imposes a moratorium on the issuance of certificates of compliance,
building permits, design review approvals, site development plan approvals, or other
similar land use or construction approvals under the Development Code or other City
ordinances for Multi-Family Developments until August 7, 2027. However, Council
reserves the right to reduce or extend such moratorium by a proper action of Council.
II. City Council finds that the following are exempt from this moratorium:
a) Existing/ongoing planned developments (PDs) and properties with vested rights.
Planned developments already approved by Council are exempted from the effects of
this moratorium, as Council carefully considered the uses and structures permitted