Town Council

Fort Mill Town Council Regular Meeting September 27, 2021 7:30 am Council Chambers 112 Confederate Street Fort Mill, SC 29715 AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION MINUTES Minutes of the September 13, 2021,Town Council Meeting. PUBLIC COMMENT Pursuant to Section 2-46 of the Code of Ordinances for the Town of Fort Mill, any citizen of the Town may appear before council for the purpose of providing public comments on any municipal matter (except personnel matters). Those who wish to speak must sign in outside of Council Chambers prior to the start of the meeting. Citizens will be given 3 minutes each to speak. PRESENTATIONS Presentation #1 Fire Prevention Week Proclamation – Chipper Wilkerson EXECUTIVE SESSION Please Note: Council may take action on Executive Session Items listed on the agenda when they come back into Public Session. There are no Executive Session Items Page 1|2 Fort Mill Town Council Regular Meeting – Monday September 27, 2021 OLD BUSINESS ITEMS Old Business Item #1 Second Reading: of Budget Ordinance for Fiscal Year 2021-2022 An ordinance to adopt the budget for the Town of Fort Mill, South Carolina for the fiscal year beginning October 1, 2021, and ending September 30, 2022. – Davy Broom Old Business Item #2 Second Reading: of Millage Ordinance for Fiscal Year 2021-2022 An ordinance to raise revenue by setting the tax millage for the Town of Fort Mill, South Carolina for the tax year ending December 31, 2021, and for the fiscal year ending September 30, 2022. – Davy Broom NEW BUSINESS ITEM New Business Item #1 Consideration of allocations for Town of Fort Mill Accommodation Grant Funds. – Davy Broom INFORMATION/DISCUSSION Information/Discussion Item #1 An ordinance amending the Zoning Ordinance for the Town of Fort Mill; Article II, requirements by District; Section 24, COD/COD-N Corridor Overlay District; Subsection 12, Signs; to delete pole signage; Article III, Signs; to amend the requirements for temporary signage and to delete pole signage; Article VI, Administration, enforcement, penalties, and fees; Section 4, temporary uses and special events; Subsection E, temporary signs; to amend the consecutive day limit as to reflect changes in Article III. – Penelope Karagounis ADJOURN The following press was notified of the meeting by email or fax in accordance of the Freedom of Information Act: The Herald; CN2; WRHI, WSOC and WBTV. The agenda was also posted on the board outside of the entrance to Town Hall the required length of time and on the Town website. The Town of Fort Mill is committed to assuring accessibility with reasonable accommodation, of Town services and facilities for all individuals, in compliance with federal law. Please contact the Town Manager’s Office at 803-547-2116 if you need assistance. Page 2|2 Fort Mill Town Council Regular Meeting – Monday September 27, 2021  Fort Mill Town Council Regular Meeting Minutes September 13, 2021 6:00 p.m. Council Chambers 112 Confederate Street Fort Mill, SC 29715 PRESENT: Mayor Savage, Councilman Moody, Councilman Helms, Councilwoman Cook and Councilman Shirey were present. Councilman Huntley and Councilwoman Heemsoth were absent. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION Councilman Helms provided the invocation. MINUTES Minutes of the August 23, 2021,Town Council Meeting. Minutes of the August 19, 2021, Budget Workshop Councilman Helms made a MOTION to approve the minutes of the August 23, 2021 Town Council Meeting and Minutes of the August 19, 2021 Budget Workshop. SECONDED by Councilman Shirey. Passed 5-0. PUBLIC COMMENT Pursuant to Section 2-46 of the Code of Ordinances for the Town of Fort Mill, any citizen of the Town may appear before council for the purpose of providing public comments on any municipal matter (except personnel matters). Those who wish to speak must sign in outside of Council Chambers prior to the start of the meeting. Citizens will be given 3 minutes each to speak. Page 1|8 Fort Mill Town Council Regular Meeting Minutes – Monday September 13, 2021  Two (2) citizens signed up to speak during Public Comments: 1) Wink Ray, 2040 Bonds Lane, spoke in favor of the Crossroads Development. 2) Matt McNeely, 1147 Bontrager Trail, spoke about impact fees. PRESENTATIONS Presentation #1 Proclamation to be presented by the Mayor to the Daughters of the Revolutionary War in honor of Constitution Week and Constitution Day 2021. – Tracy Dixon, Recipient No one was present to receive the proclamation. EXECUTIVE SESSION Please Note: Council may take action on Executive Session Items listed on the agenda when they come back into Public Session. Executive Session Item #1 Discussion of negotiations incident to proposed contractual matters with Crossroads Development Partners, LLC Councilman Shirey made a MOTION to go into Executive Session. SECONDED by Councilman Helms. Passed 5-0. Council went into Executive Session at 6:11 pm. Councilman Helms made a MOTION to come out of Executive Session. SECONDED by Councilman Shirey. Passed 5-0. Council came out of Executive Session at 6:23 pm. Mayor Savage stated that no votes or actions were taken during Executive Session. OLD BUSINESS ITEMS Old Business Item #1 Second Reading: Rezoning Request: Crossroads Development Partners, LLC Case # 2021-0486 - An ordinance amending the Zoning Map of the Town of Fort Mill so as to change the zoning designation for York County Tax Map Numbers 020-17-01-064 and Page 2|8 Fort Mill Town Council Regular Meeting Minutes – Monday September 13, 2021  020-17-01-065 from PND, Planned Neighborhood Development to MXU, Mixed-Use Development. Ward 4, Chris Moody. Penelope Karagounis stated that there were no changes since First Reading. Councilman Shirey made a MOTION to approve Second Reading of an ordinance amending the Zoning Map of the Town of Fort Mill so as to change the zoning designation for York County Tax Map Numbers 020-17-01-064 and 020-17-01- 065 from PND, Planned Neighborhood Development to MXU, Mixed-Use Development. SECONDED by Councilman Helms. Passed 5-0. Old Business Item #2 Second Reading: Amendment to Comprehensive Plan Case #2021-0475 An ordinance amending the Town of Fort Mill 2040 Comprehensive Plan, which was adopted December 14, 2020, to amend the Future Land Use Map contained within the Town of Fort Mill 2040 Comprehensive Plan. Penelope Karagounis stated that there were no changes since First Reading. Councilman Shirey made a MOTION to approve an ordinance amending the Town of Fort Mill 2040 Comprehensive Plan, which was adopted December 14, 2020, to amend the Future Land Use Map contained within the Town of Fort Mill 2040 Comprehensive Plan. SECONDED by Councilman Helms. Passed 5-0. Old Business Item #3 Second Reading and Public Hearing: Development Agreement Request: Crossroads Development Partners, LLC #2021-0487 (Ward 4, Chris Moody) An ordinance authorizing the entry by the Town of Fort Mill into a development agreement with Crossroads Development Partners, LLC, a North Carolina limited liability company, J. Max Hinson, LLC; J. Max Hinson, Jr; J. Max Hinson, III; Marshall Odell Hinson; J. Max Hinson, Jr., as Custodian for Adam Jason Hinson; Raynold Lee Saar and Christy Lee Saar; Lynnell Simmons Bailey, Judith Alesia Kimbrell, James Wayne Lancaster, Ronald Allen Vogel, John W. Maye, Sr., Brenda B. Tyson and Ronald H. Bailey; Christopher Robert Blanton, Vonnie James Blanton and Kenneth Dwayne Blanton and Thomas G. Haire for property located at York County Tax Map Numbers 020-17-01-064, 020-17-01-065, 738-00-00-046, 738-00-00-059, 738-00-00-077, and portion of 738-00-00-094, containing approximately 114.97 acres located on Fort Mill Parkway; authorizing the execution and delivery of such development agreement; and other matters relating thereto. Mayor Savage opened the floor for Public Hearing. Two (2) citizens came forth to speak: 1)Phil Hayes, representative for the Crossroads Development spoke in favor of the project. Page 3|8 Fort Mill Town Council Regular Meeting Minutes – Monday September 13, 2021  2)Glen House, 1995 Haire Road, his property borders the proposed development site. He was neither for nor against the development. Penelope Karagounis stated that the following changes have been made to this agreement since First Reading: The Development Conditions document amended Section 6.4 Streets and Access. The Crossroads Concept Plan now shows five (5) proposed access points from Fort Mill Parkway because the applicant has acquired the Blanton piece that is the portion of Tax Map 738-00-00-094. Therefore, the emergency vehicle access will not be needed on Haire Road. The applicant also deleted one proposed access on Williams Road, which now Williams Road will only have two proposed access points for the Crossroads development. A clarification and commitment in Development Conditions, Section 6.4 Streets and Access, for establishing and maintaining at the intersection of Williams Road and Dobys Bridge Road a clearing in order to achieve a site line commensurate with normal traffic control considerations and paved vehicle lanes on Dobys Bridge Road having an angle of approximately 90 degrees at its intersection with Williams Road (it being understood that this objective might be achieved by installing striping on the paving). This commitment is subject to SCDOT approval. There is also a modification to the effective date of this development agreement. The applicant has modified the days from 180 days to 240 days from the date of the adoption of the Ordinance by the Town Council authorizing and approving this agreement for the developer to acquire the property. Councilman Helms made a MOTION to approve an ordinance authorizing the entry by the Town of Fort Mill into a development agreement with Crossroads Development Partners, LLC, a North Carolina limited liability company, J. Max Hinson, LLC; J. Max Hinson, Jr; J. Max Hinson, III; Marshall Odell Hinson; J. Max Hinson, Jr., as Custodian for Adam Jason Hinson; Raynold Lee Saar and Christy Lee Saar; Lynnell Simmons Bailey, Judith Alesia Kimbrell, James Wayne Lancaster, Ronald Allen Vogel, John W. Maye, Sr., Brenda B. Tyson and Ronald H. Bailey; Christopher Robert Blanton, Vonnie James Blanton and Kenneth Dwayne Blanton and Thomas G. Haire for property located at York County Tax Map Numbers 020-17-01-064, 020-17-01-065, 738-00-00-046, 738- 00-00-059, 738-00-00-077, and portion of 738-00-00-094, containing approximately 114.97 acres located on Fort Mill Parkway; authorizing the execution and delivery of such development agreement; and other matters relating thereto. SECONDED by Councilman Shirey. Passed 5-0. Old Business Item #4 Page 4|8 Fort Mill Town Council Regular Meeting Minutes – Monday September 13, 2021  Second Reading: Annexation Request: Crossroads Development Partners, LLC Case # 2021-0485An ordinance annexing York County Tax Map Number(s) 738-00-00-059, portion of 738-00-00-094, 738-00-00-077, and 738-00-00-046 containing approximately 36.71 +/- acres located on Fort Mill Parkway and off Haire Road. Ward 4, Chris Moody. Ms. Karagounis stated that no changes have been made since First Reading. Councilman Helms made a MOTION to approve an ordinance ordinance annexing York County Tax Map Number(s) 738-00-00-059, portion of 738-00- 00-094, 738-00-00-077, and 738-00-00-046 containing approximately 36.71 +/- acres located on Fort Mill Parkway and off Haire Road. SECONDED by Councilman Shirey. Passed 5-0. Old Business Item #5 Second Reading: An ordinance authorizing the sale of real property located at 215 Main Street pursuant to the terms and conditions contained in a contract of purchase and sale dated July 8, 2021. Mr. Broom stated that no changes have been made since First Reading. Councilman Shirey made a MOTION to approve the ordinance authorizing the sale of real property located at 215 Main Street pursuant to the terms and conditions contained in a contract of purchase and sale dated July 8, 2021. SECONDED by Councilman Helms. Passed 5-0. NEW BUSINESS ITEM New Business Item #1 First Reading and Public Hearing: of Budget Ordinance for Fiscal Year 2021-2022 An ordinance to adopt the budget for the Town of Fort Mill, South Carolina for the fiscal year beginning October 1, 2021, and ending September 30, 2022. Mayor Savage opened the floor for Public Hearing. No one came forth to speak. Davy Broom went over the budget highlights with a power pointe presentation. Councilwoman Cook made a MOTION to approve an ordinance to adopt the budget for the Town of Fort Mill, South Carolina for the fiscal year beginning October 1, 2021, and ending September 30, 2022. SECONDED by Councilman Shirey. Passed 5-0. New Business Item #2 First Reading and Public Hearing of Millage Ordinance for Fiscal Year 2021-2022 An ordinance to raise revenue by setting the tax millage for the Town of Fort Mill, South Carolina for the tax year ending December 31, 2021, and for the fiscal year ending September 30, 2022. Page 5|8 Fort Mill Town Council Regular Meeting Minutes – Monday September 13, 2021  Mayor Savage opened the floor for a Public Hearing. No one came forth to speak. Councilwoman Cook made a MOTION to approve an ordinance to raise revenue by setting the tax millage for the Town of Fort Mill, South Carolina for the tax year ending December 31, 2021, and for the fiscal year ending September 30, 2022. SECONDED by Councilman Shirey. Passed 5-0. New Business Item #3 Consideration of a resolution designating an authorized representative and contact person for purposes of the American Rescue Plan Act of 2021. Davy Broom explained that he would be designated as the Municipality’s Authorized Representative pursuant to ARPA. The Authorized Representative is authorized and directed to do all things necessary (including without limitation to sign documents, make certifications, make regular reports to council and otherwise act on behalf of the Municipality) to receive and expend funds pursuant to an appropriation by council and ARPA rules. Chantay F. Bouler, would be designated as the Municipality’s Contact Person pursuant to ARPA. Councilwoman Cook made a MOTION to approve a resolution designating an authorized representative and contact person for purposes of the American Rescue Plan Act of 2021. SECONDED by Councilman Shirey. Passed 5-0. New Business Item #4 A request to authorize the installation of a traffic signal at the intersection of York Southern Road and Old Nation Road. Councilman Moody made a MOTION to approve the request to authorize the installation of a traffic signal at the intersection of York Southern Road and Old Nation Road. SECONDED by Councilman Shirey. Passe 4-1. Councilwoman Cook opposed. INFORMATION/DISCUSSION There were no Information/Discussion items. ADJOURN Councilwoman Cook made a MOTION to adjourn. SECONDED by Councilman Moody. Passed 5-0. Being no more business to conduct, the meeting adjourned at 7:33 pm. Page 6|8 Fort Mill Town Council Regular Meeting Minutes – Monday September 13, 2021 The following press was notified of the meeting by email or fax in accordance of the Freedom of Information Act: The Herald; CN2; WRHI, WSOC and WBTV. The agenda was also posted on the board outside of the entrance to Town Hall the required length of time and on the Town website. Respectfully Submitted: Virginia C Burgess, CCC Town Clerk Approved by Council: Page 7|8 Fort Mill Town Council Regular Meeting Minutes – Monday September 13, 2021  The Town of Fort Mill is committed to assuring accessibility with reasonable accommodation, of Town services and facilities for all individuals, in compliance with federal law. Please contact the Town Manager’s Office at 803-547-2116 if you need assistance. Page 8|8 Fort Mill Town Council Regular Meeting Minutes – Monday September 13, 2021  South Carolina Proclamation Fire Prevention Week 2021 WHEREAS, the Town of Fort Mill is committed to ensuring the safety and security of all those living in and visiting our town; and WHEREA, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, home fires killed more than 2,770 people in the United States in 2019, according to the National Fire Protection Association® (NFPA®), and fire departments in the United States responded to 339,500 home fires; and WHEREAS, smoke alarms sense smoke well before you can, alerting you to danger in the event of fire in which you may have as little as 2 minutes to escape safely; and WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; and WHEREAS, Town of Fort Mill residents should be sure everyone in the home understands the sounds of the alarms and knows how to respond; and WHEREAS, Town of Fort Mill residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, Town of Fort Mill residents will make sure their smoke and CO alarms meet the needs of all their family members, including those with sensory or physical disabilities; and WHEREAS, Town of Fort Mill first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Town of Fort Mill residents are responsive to public education measures are better able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, the 2021 Fire Prevention WeekTM theme, “Learn the Sounds of Fire SafetyTM,” effectively serves to remind us it is important to learn the different sounds of smoke and carbon monoxide alarms. THEREFORE, I Guynn Savage, Mayor of Fort Mill do hereby proclaim October 3–9, 2021, as Fire Prevention Week throughout the Town of Fort Mill, and I urge all the people of the Town of Fort Mill to “Learn the Sounds of Fire Safety” for Fire Prevention Week 2021. Signed ____________________________ Guynn Savage Mayor Attest _____________________________ Virginia C. Burgess Town Clerk  Meeting Information Meeting Type Council Meeting Date September 27, 2021 Request Summary Action (Old Bus.) X Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Case Summary Annexation Rezoning Text Amendment Case Type Subdivision Plat Appearance Review X Other Title Consideration of allocations for Town of Fort Mill Accommodation Grant funds Background Information Chapter 4, of Title 6 the South Carolina Code of Laws provides for the allocation of the Accommodations Tax revenues collected by a county or municipality and provides that a portion of the Accommodations Taxes be allocated by the municipality or county for a special “Tourism-related Fund” to be used for “tourism related expenditures. The state Tourism Expenditure Review Committee has defined a tourist as a non-resident who travels 50 miles or more one way, from the traveler’s origin. The Fort Mill Accommodations Tax Committee is tasked to review all applicants’ requests and determine what percentage of those requests serve qualifying tourists. The goal is to fund events that bring visitors into our hotels to regenerate more accommodation tax dollars. These funds are not for events or venues that serve local residents. The Town received three (3) applications this year for Accommodations Tax grants. The FM History Museum, Anne Springs Close Greenway and the Town of Fort Mill. The Accommodations Tax Advisory Committee met on September 7th and September 21st to go over the applications and decide on funding recommendations for these entities. The breakdowns are as follows: Town of Fort Mill Qualifying events: The SC Strawberry Festival and amphitheater concert w/ National Touring Artist Amount Requested: $8,120.00 Amount voted to fund by Committee: $8,120.00 Anne Springs Close Greenway Qualifying events: Earth Day Weekend, The Greenway’s Signature Race Series and Private Events (weddings/bridal events, conferences, corporate groups, etc.) Amount Requested: $33,458.50 Amount voted to fund by Committee: $33,458.50 Fort Mill History Museum Qualifying events: Lanterns & Legends tours, Historic Homes tour, Spring Sanctuary tours, Springs of Achievement Sculpture tours and museum visitors. Amount Requested: $60,291.00 Amount voted to fund by Committee: $15,072.75 Alternatives 1. 2. 3. Staff Recommendation Recommendation Name & Title Department Attachments Grant Applications – Attached Separately Iw  Meeting Information Meeting Type Town Council Meeting Date September 27, 2021 Request Summary Action (Old Bus.) Action (New Bus.) X Info/Discussion Request Type Public Hearing Executive Session Other Case Summary Annexation Rezoning X Text Amendment Case Type Subdivision Plat Appearance Review Other Title AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FORT MILL; ARTICLE II, REQUIREMENTS BY DISTRICT; SECTION 24, COD/COD-N CORRIDOR OVERLAY DISTRICT; SUBSECTION 12, SIGNS; TO DELETE POLE SIGNAGE; ARTICLE III, SIGNS; TO AMEND THE REQUIREMENTS FOR TEMPORARY SIGNAGE AND TO DELETE POLE SIGNAGE; ARTICLE VI, ADMINISTRATION, ENFORCEMENT, PENALTIES, AND FEES; SECTION 4, TEMPORARY USES AND SPECIAL EVENTS; SUBSECTION E, TEMPORARY SIGNS; TO AMEND THE CONSECUTIVE DAY LIMIT AS TO REFLECT CHANGES IN ARTICLE III Background Information Background Due to an increase in development and marketing opportunities staff has seen an influx in promotional temporary signage within the Town limits. Many of these signs are illegal under the current zoning ordinance but a need to strengthen the code to make it more concise regarding the problem areas was identified by staff. These areas primarily include subdivision directional signs along with other temporary promotional signs. Staff has received numerous complaints relating to these issues. Examples of these types of signs have been included in the packet. Discussion This text amendment would primarily: • Remove pole signs as an allowable sign. Staff has not permitted a new pole sign in quite some time as ground/monument signage is much preferred, but they are allowed under the current code in some zoning districts. • Add feather flags to the list of prohibited signs. Feather flags are not expressly prohibited and have become a nuisance across Town.  • Delete language that allows for off premise real estate directional signage. The current section of the ordinance that bans off-premise signage adds a caveat that allows for off-premise real estate directional signage. This creates a loophole that can create an issue for staff during enforcement. • Include yard sale signage in the “signs allowed without a permit” section of the ordinance. Yard sale signs are minor in nature and the current staff has never received an application for a yard sale sign. • Amend real estate accessory signage, such as for open houses, and add to the “signs allowed without a permit” section of the ordinance. Staff does realize the need for a real estate accessory sign on occasion but also added language to limit the size, number, and location of such signs as to not clutter intersections in Town with no relation to the property. • Reduce the number of temporary subdivision signs allowed to one per project entrance. One temporary subdivision sign per project entrance gives developers ample ability to identify and advertise their product. • Reduce the duration, size, and number of temporary promotional signs allowed. Currently there is not a cap on the number of temporary promotional signs a property can have at one time and the duration is 60 days, twice a year, which could result in signs being up for one third of every year. For these reasons, staff recommends in favor of the proposed text amendment as it will: • Strengthen vague language as it pertains to temporary signage while still providing businesses and other uses within the community reasonable identification for new projects/promotions. • Alleviate the Town from becoming marred by an excessive number of oversized and poorly designed signs that could ultimately adversely affect residential and business properties throughout the community. • Give staff the ability to better enforce the signage code while also giving prospective sign applicants more precise language as to what is allowed. July 20, 2021 At the July 20, 2021 Planning Commission meeting, the Commissioners Planning reviewed the proposed text amendment for signs. The Commissioners Commission were appreciative of staff in looking into the temporary signage Meeting regulations. Due to an increase in development and marketing opportunities staff has seen an influx in promotional temporary signage within the Town limits. Many of these signs are illegal under the current  zoning ordinance but a need to strengthen the code to make it more concise regarding the problem areas was identified by staff. These areas primarily include subdivision directional signs along with other temporary promotional signs. Staff has received numerous complaints relating to these issues. The Planning Commission made the recommendation to approve the text amendment with an added condition to provide additional language to Section 3, General Provisions under Subsection 2, by clarifying “durable materials”. The agreement was to add after durable materials “to be approved by the Town.” The commission made a recommendation of approval by a vote of 5-0. August 9, 2021 Town At the August 9, 2021 Town Council meeting, Councilman Shirey made a Council Meeting motion to defer the text amendment to the September 27, 2021 morning Council meeting and Councilman Moody seconded the motion. It was deferred by a vote of 6-0. Councilman Huntley was absent. Staff Recommendation Staff recommends in favor of APPROVAL of the ordinance amending the Recommendation signage requirements. Name & Title Penelope Karagounis, Planning Director Department Planning Department Date of Request July 20, 2021 Legislative History Planning Commission 7/20/2021: Recommended Approval by a vote of 5-0 First Reading 8/9/2021: Deferred to discussion item for September 27, 2021 Public Hearing 8/9/2021: Was not held Second Reading TBD Effective Date Upon adoption Attachments • Draft Text Amendment Ordinance • Photos of Signage  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2021‐___ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FORT MILL; ARTICLE II, REQUIREMENTS BY DISTRICT; SECTION 24, COD/COD‐N CORRIDOR OVERLAY DISTRICT; SUBSECTION 12, SIGNS; TO DELETE POLE SIGNAGE; ARTICLE III, SIGNS; TO AMEND THE REQUIREMENTS FOR TEMPORARY SIGNAGE AND TO DELETE POLE SIGNAGE; ARTICLE VI, ADMINISTRATION, ENFORCEMENT, PENALTIES, AND FEES; SECTION 4, TEMPORARY USES AND SPECIAL EVENTS; SUBSECTION E, TEMPORARY SIGNS; TO AMEND THE CONSECUTIVE DAY LIMIT AS TO REFLECT CHANGES IN ARTICLE III Pursuant to the authority granted by the Constitution of the State of South Carolina and the General Assembly of the State of South Carolina, BE IT ENACTED BY THE TOWN COUNCIL FOR THE TOWN OF FORT MILL: SECTION I. The Zoning Ordinance for the Town of Fort Mill; Article II, Requirements by Districts; Section 24, COD/COD‐N Corridor Overlay District; Subsection 12, Signs; is hereby amended to read as follows: 12) Signs A) Freestanding signs. 1) Freestanding identification signs for nonresidential and multi‐family uses are permitted along the Corridor in accordance with the following standards, which shall supersede the standards of the underlying zoning district for freestanding signs: (a) No parcel with less than 50 feet of frontage on the Corridor shall be permitted to have a freestanding sign. Wall‐mounted signs shall be permitted in such instances. (b) Parcels with 50 to 200 feet of frontage on the Corridor may be permitted to have one freestanding sign. 1. Maximum height: 4 feet 2. Maximum sign face area: 0.5 square feet per 2 linear feet of frontage, up to a maximum sign area of 30 square feet (total) 3. Minimum setback from right‐of‐way: 5 feet (c) Parcels with more than 200 feet of frontage on the Corridor may be permitted to have up to two free standing signs. 1. General provisions: a. Maximum height: 7 feet b. Maximum sign face area (total): 50 square feet c. Minimum setback from ROW: 5 feet 2. Special provisions for unified, nonresidential, multi‐tenant developments: a. Unified development signs that identify only the development shall be permitted. Within the same maximum sign face area, individual tenants or  establishments may also be identified. Separate freestanding signs identifying individual tenants or establishments shall not be permitted in conjunction with the unified development signs. b. Each permitted sign shall conform to standards set forth for freestanding signs except that, if the street frontage of the unified development exceeds 300 feet, such standards may be modified as follows: i. Maximum height: 22 feet in height above the grade of the frontage street ii. Maximum sign face area: 250 square feet per side iii. Minimum setback from ROW: 10 feet iv. Minimum separation between signs: 350 feet (d) Internal lighting of signs, neon, LED, and flashing signs shall not be permitted along the Corridor, except that up to 20% of the actual sign face may be utilized for LED display of public service messages such as time, temperature, or gas prices, in instances where LED signs are permitted within the underlying zoning district. Such signs shall be subject to all other requirements pertaining to LED signs within the appropriate underlying zoning district, as provided in article Ill. Any public use (including schools) which contains at least 2,000 linear feet of road frontage along the corridor shall be permitted to have one electronic changeable message sign (LED), provided the sign shall comply with all other requirements pertaining to LED signs within the appropriate underlying zoning district, as provided in article Ill. (e) Building floodlighting shall not be permitted, except in COD‐N. B) Pole signs.RESERVED 1) Only parcels that lie wholly or in part within 150 feet of the lnterstate‐77 right‐of‐way shall be permitted to utilize pole signs, per Article Ill, Sec. 14. Pole signs shall be prohibited on all other parcels along the Corridor not meeting this requirement. C) Wall mounted signs. 1) Wall mounted signs shall be permitted per Article Ill, Sec. 16. D) Temporary signs. 1) The provisions of this subsection shall not apply to temporary signs permitted per Article Ill, Sec. 17. E) All other applicable sign standards pertaining to freestanding signs per Article Ill shall apply along other street frontages.  SECTION II. The Zoning Ordinance for the Town of Fort Mill; Article III, Signs; is hereby amended to read as follows: ARTICLE III. ‐ SIGNS Sec. 1. ‐ Scope of regulations. The regulations herein set forth shall apply and govern in all districts. No sign shall be erected or maintained unless it is in compliance with the regulations of this section and Chapter 23 of the Standard Building Code. Sec. 2. ‐ Definitions. 1) Sign: The term "sign" shall mean and include every sign, billboard, poster panel, freestanding ground sign, roof sign, projecting sign, pylon sign, illuminated sign, sign painted on a wall, window, marquee, awning or canopy, and shall include any announcement, declaration, demonstration, display, ribbon, banner, illustration, or insignia used to advertise or promote the interests of any person when the same is placed in the view of the general public, traveling along a public street right‐of‐way. 2) Freestanding sign structure: A freestanding sign structure may contain a sign or signs on one side only or it may be a V‐shaped structure or one containing signs back‐to‐back. A freestanding sign structure is one sign. 3) Sign area: In the case of freestanding signs, sign area consists of the entire surface area of the sign on which copy could be placed. Where a sign has two faces back‐to‐back, the area of only one face shall be considered the sign surface area. The supporting structure or bracing of a sign shall not be counted as a part of the sign's surface area. The sign surface area of a freestanding sign shall not exceed 100 square feet. 4) Business identification sign: A business identification sign is a sign that contains the name of the business enterprise located on the same premises as the sign and the nature of the business conducted there. Not more than one‐third of the area of a business identification sign may be devoted to commodity or service advertising. 5) Pylon sign: A business identification pylon sign erected on a single pole or multiple poles which contains only the name or the nature of the business conducted on the premises on which it is located. 6) Illuminated signs: When artificial illumination techniques are used in any fashion to project the message on a sign, that sign shall be an illuminated sign. 7) Off‐premises signs: A structure which advertises, attracts attention to, or directs persons to a business activity located on other than the premises where the structure is erected. Nationally advertised products or services shall not be deemed to be located on or carried on at the premises of local retail outlets or branch offices. This definition shall not include real estate directional signs. 8) Temporary signs: Any portable advertisement display that directs or attracts public attention to a specific event, product sold or service offered by the beneficiary of such display. Such signs include but are not limited to the following: A) Signs made of paper, cloth polyethylene film or other similar material; B) Signs that are not permanently affixed to the ground or a building surface in a manner approved by the building inspector;  C) Trailer signs; D) Portable signs; E) Banners, flags, or other similar devices. 9) Freestanding signs: Freestanding signs are supported from the ground by a structure and are not attached to a building. There are two types: a pole sign and a ground sign. Their principal purpose is establishment identification. 10) Pole sign: A pole sign is elevated high above ground level, typically on a pole or other structure. 11) Ground signs: Ground signs are low to the ground and are typically used to identify large buildings, institutions, and real estate developments. 12) Merchandising signs: Merchandising signs identify products or services available at an establishment and their prices. It shall be mounted to the structure of a pole sign or to other freestanding sign structure, and shall not be placed on a moveable frame or wheels. 13) Wall signs: Wall signs are attached to the wall of a building and project out from such walls no more than 14 inches. The area of a wall sign includes that area within a continuous line enclosing all letters and graphic symbols of the sign. 14) Unified development signs: Signs for unified developments, such as shopping centers, office parks, etc., should identify only the development, not individual tenants or establishments. 15) Sign, electronic changeable copy. A sign or portion thereof that displays electronic, non‐ pictorial, text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs, or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. 16) Sign, electronic graphic display. A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs, or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects. 17) Sign, multi‐vision. Any sign composed in whole or in part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of two or more images. 18) Sign, video display. A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that give the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. Sec. 3. ‐ General provisions. The following regulations shall apply to all permitted signs in the area of jurisdiction of the Fort Mill Planning and Zoning Commission:  1) A permit shall be required for the erection, alteration, or reconstruction of any sign, unless otherwise noted, which shall be issued by the zoning administrator in accordance with article IV of this ordinance. The fee schedule for such permits shall be established by the town council during the adoption of the annual budget ordinance. 2) Signs shall be constructed of durable materials approved by the Town, maintained in good condition and not permitted to become dilapidated. 3) All signs located on sites abutting federal or state highway rights‐of‐way shall conform to all applicable federal and state regulations. In instances where the sign control provisions of this ordinance are more strict, then this ordinance shall apply. Sec. 4. ‐ Prohibited signs. The following types of signs shall be prohibited within the corporate limits of the Town of Fort Mill: 1) Signs resembling or imitating traffic and/or warning signals. No sign shall display intermittent lights resembling the flashing lights customarily used in traffic signals or in police, fire, ambulance, or rescue vehicles nor shall any sign use the words "stop", "danger", or any other word, phrase, symbol, or character in a manner that might mislead or confuse an automobile or other vehicular driver. 2) Signs on roadside appurtenances. Signs attached to or painted on utility poles, trees, parking meters, bridges, overpasses, rocks, other signs, benches, refuse containers, the roofs of buildings, etc., unless specifically allowed elsewhere in this chapter. 3) Projecting signs. Projecting signs from any building or structure, except in GI, LC and HC zoning districts, provided: a. Such signs shall not exceed 12 square feet in area; b. Such signs may not extend more than three feet from the facade to which they are attached; c. Such signs shall not impede the movement and/or visibility of pedestrians, bicyclists and/or motor vehicles; d. No such sign shall be permitted which encroaches into a public right‐of‐way without first obtaining an encroachment permit from the appropriate granting authority; and e. No more than one projecting sign shall be permitted for any place of business. 4) Off‐premises signs. General advertising signs and billboards that advertise a commodity or service not available on the premises on which the sign is erected are considered off‐ premises signs. 5) Roof signs. Roof signs or portions of other signs that extend above the highest elevation in a roof. 6) Portable signs. Signs mounted on wheels or other portable framework and other moveable signs except as permitted in article III, section 6, subsection 8). 7) Animated/flashing signs and signs of illusion. Signs displaying blinking, flashing, or intermittent lights, or animation, moving parts, or signs giving the illusion of movement, unless specifically allowed elsewhere in this chapter. 8) Abandoned signs and sign structures. Signs that advertise an activity or business that is no longer conducted on the property on which the sign is located. Such signs or sign structures must be removed within 30 days of becoming an abandoned sign or sign structure. 9) Pennants, streamers, balloons, etc. Signs containing or consisting of pennants, ribbons, streamers, balloons, or spinners.  10) Signs obstructing access. Signs that obstruct free ingress or egress from a driveway, or a required door, window, fire escape, or other required exit‐way. 11) Signs located in the right‐of‐way. All signs located in the right‐of‐way, unless specifically allowed elsewhere in this chapter. This shall exclude any sign erected by the town or other public agency that is qualified to install any such sign within a right‐of‐way for directional, informational, or public safety purposes. 12) Inflatable signs or balloons. 13) Electronic graphic display signs. 14) Multi‐vision signs. 15) Video display signs. 16) Pole signs. 17) Feather flags. Sec. 5. ‐ Signs for which a permit is not required. A) permit is not required for the following type of signs in any zoning district: 1) Traffic, directional, warning, or information signs authorized by any public agency. 2) Official notices issued by any court, public agency, or officer. 3) One nonilluminated "For Sale", "For Rent", or "For Lease" sign not exceeding six square feet in area in residential districts and twenty square feet in other than residential districts and located no less than ten feet back from the street right‐of‐ way line, unless attached to the front wall of a building. 4) Permitted home occupation signs, under the regulations set forth in article I, section 7, subsection F.7). 5) Yard sale signs cannot be posted more than two days prior to the sale and must be removed on the day of the sale. Sales must be limited to two days. 6) One nonilluminated real estate accessory sign, such as to advertise open house, displayed during business hours, not more than six square feet. Sign must be located on the site of the property for sale, and one additional sign may be located at the subdivision entrance. Sec. 6. ‐ Regulations applying to specified types of signs. The following regulations apply to the following specified types of signs: 1) Signs on work under construction: One nonilluminated sign, not exceeding forty square feet in area, displaying the name of the building, the contractors, the architects, the engineers, the owners, the financial, selling, and development agencies, is permitted upon the premises of any work under construction, alteration or removal. Such sign shall be removed from the site within 30 days after the completion of the project. 2) Temporary subdivision signs: Temporary signs, not exceeding forty square feet in area, announcing a land subdivision development, are permitted on the premises of the land subdivision. They shall be set back not less than ten feet from the right‐of‐way of any street or from any boundary line of the land subdivision. Such signs shall be spaced not less than three hundred feet apart are limited to a maximum of one per project entrance. They shall be removed when seventy‐five percent of the lots are conveyed. 3) Open house/special promotion real estate directional signs may be erected for one 36‐ hour period one time per week. There may be three such signs for one piece of property.  4) Routine real estate directional signs shall be limited to three for one piece of property. Only one such sign per firm shall be permitted at any given intersection. These signs are to be removed within 48 hours after closing of the property for which the signs were used. 5) All off‐premises real estate directional signs shall be used only for properties for sale, not for properties for rent or lease. 6) Yard sale signs cannot be posted more than two days prior to the sale and must be removed on the day of the sale. Sales must be limited to two days. Permits are limited to four per year. 7)3) Temporary signs including promotional signs, displays, banners, etc: Temporary signs, displays, banners, etc., are allowed in commercial districts providing the following requirements are met: Temporary promotional signs are allowed provided the following requirements are met: A) A sign permit is required for all temporary signs. A responsible individual shall make application for a sign permit in writing on a form provided by the town, with such being reviewed and approved by the town building official before any temporary outdoor sign, display, banner, etc., is installed, erected, and/or displayed. B) That advertising of the above description may be displayed for no more than 60 30 days for a specific promotion. C) An organization or individual may apply for only two temporary sign permits within a calendar year and there shall be at least 30 days' lapse from the end of one permit until the start of the second. D) A maximum of one sign not exceeding six square feet in area is allowed per permit. E) Civic, religious, and other nonprofit community organizations may be allowed with permission of the town manager, to erect and/or otherwise display signs, banners, etc., on or over town property, causeway, walkways, etc., provided, that such material is neither controversial nor offensive; that the activity or concern advertised is of community interest; and that any erection across a public street, causeway, walkway, etc., shall be done by a licensed, bonded, and insured party. F) Materials erected or displayed shall be of a quality, size, and nature so as not to cause litter, hazard, obstruction, or unreasonable distraction. G) All such signs, banners, displays, etc., shall remain the responsibility of the owner, advertise, and/or sponsoring group and any damage, injury, and/or expense incurred by the town or its personnel shall be borne by same. H) Upon becoming damaged or deteriorated, such signs, banners, displays, etc., shall be immediately removed. Sec. 7. ‐ Sign illumination. 1) Illumination devices shall be so placed and so shielded that rays therefrom or from the sign itself will not be directly cast into any residential district or sleeping room in any district or the eyes of an automobile or vehicle driver. 2) No flashing lights are permitted on any sign. Internal or flood lighting is permitted as long as the lighting consists of only yellow or white light. Sec. 8. ‐ Height limitations. No signs, except as otherwise specified, shall exceed the height limit of the district in which they are located. The height of a freestanding sign shall not exceed 24 feet. Sec. 9. ‐ Signs permitted in front yard, side yard, and rear yard limitations. Except as otherwise specifically provided, no sign shall be erected within the front yard setback, side yards or rear yards required for all buildings and structures in the district. Sec. 10. ‐ Signs permitted in residential districts. The following types of signs are permitted in R‐25, R‐15, R‐10, and GR districts: 1) One nonilluminated professional or business name plate not exceeding two square feet in area mounted flat against the wall of a building in which there is conducted a permitted home occupation. 2) For multiple‐family dwellings, hotels, group dwellings, and for buildings other than dwellings, a single nonilluminated business identification sign or bulletin board not exceeding six square feet in area. Such sign or bulletin board shall be set back not less than ten feet from any street right‐of‐way line, unless attached to the front wall of a building. 3) Temporary subdivision signs, under the provisions set forth in section 6, subsection 6) of this article. Sec. 11. ‐ Signs permitted in commercial and industrial districts. The following types of signs are permitted in commercial and industrial districts: 1) All signs permitted in residential districts are permitted in commercial and industrial districts. Sec. 12. ‐ Administration and enforcement. Sign regulations, as set forth in this section, shall be administered under the provisions of article VI. Sec. 13. ‐ Ground signs. Ground signs are low to the ground and are typically used to identify large buildings, institutions, and real estate developments. 1) Maximum height. Eight feet above normal ground level. 2) Maximum number. One for each street frontage except in the case of a real estate development, in which case two are allowed, one on either side of the main entry way street. 3) Maximum area. Internally illuminated—66 square feet. Nonilluminated or indirectly illuminated—80 square feet. If setback is in excess of 50 feet from facing property line, maximum area may be increased 0.7 square feet for each additional foot of setback up to a maximum sign area of 150 square feet. 4) Minimum setback. Fifteen feet from any property line and/or three feet from right‐of‐ way. Line‐of‐sight guidelines must be followed. 5) Advertising message. Letters, symbols, and graphics of a ground sign should not occupy more than 40 percent of total sign area. Sec. 14. ‐ RESERVEDPole signs. B) pole sign is elevated high above ground level, typically on a pole or other structure. 1) Maximum height. 24 feet above the grade of the frontage street. 2) Maximum number. One for each premises regardless of the number of establishments. 3) Maximum area. Internally illuminated—55 square feet. Nonilluminated or indirectly illuminated—66 square feet. 4) Minimum setback. No portion of the sign shall be nearer than ten feet to any property line. 5) Advertising message. Letters, symbols, and graphics of a pole sign shall not occupy more than 40 percent of the total sign area. Sec. 15. ‐ Merchandising signs. Merchandising signs identify products or services available at an establishment and their prices. It shall be mounted to the structure of a pole sign or other freestanding sign structure. It is not to be placed on a moveable frame or wheels and it should conform to the following standards: 1) Maximum height. Ten feet. 2) Maximum area. 36 square feet. 3) Minimum setback. Ten feet from any property line or driveway. 4) Maximum number. One for each establishment. Sec. 16. ‐ Wall signs. Wall signs are attached to the wall of a building and project out from such walls no more than 14 inches. The area of a wall sign includes that area within a continuous line enclosing all letters and graphic symbols of the sign. Maximum sign area. No wall sign shall exceed an area equal to 15 percent of the area of the wall to which it is affixed. No wall sign shall have an area greater than 150 square feet except that, if the sign has a setback greater than 50 feet from its frontage, its area can be increased one square foot for each additional foot of setback up to a maximum of 450 square feet. Where a sign is placed on a pitched roof, and below its ridge, it is considered a wall sign. The area of the roof will be considered part of the total wall area. Sec. 17. ‐ RESERVEDTemporary signs. The use of temporary signs to advertise real estate developments or sales events, is discouraged and they should be promptly removed after their purpose has been served. They should conform to standards set forth for freestanding signs except that, if they are pole signs, their height should be limited to 12 feet, and area size to 32 square feet. Sec. 18. ‐ Unified development signs. Signs for unified developments, such as shopping centers, office parks, etc., should identify only the development and individual tenants or establishments. If it is a wall sign, its area should not exceed 15 percent of that section of the wall to which it is attached and not exceed a maximum area of 450 square feet. If it is a freestanding sign, it should conform to standards set forth for freestanding signs except that, if the street frontage of the unified development exceeds 300 feet, such standards may be modified as follows: 1) Maximum height. 30 feet above the grade of the frontage street; 2) Maximum area. For every foot of street frontage in excess of 300 feet, maximum sign area may be increased as follows:  1) 0.14 square foot for internally illuminated signs, up to a maximum sign area of 96 square feet 2) 0.2 square feet for indirectly illuminated or nonilluminated signs up to a maximum sign area of 120 square feet. Sec. 19. ‐ Electronic signs. 1) Electronic changeable copy signs. Electronic changeable on‐premise copy signs are permitted in all zoning districts. a) Time, temperature, and gasoline price displays are allowed, but must not exceed 20 square feet of the sign face. b) All other changeable copy signs shall only be permitted with the following restrictions: 1. Such signs shall remain static at all times—Scrolling, blinking, flashing and/or movement of any kind shall be prohibited. 2. For signs located less than ten feet from the ground, the electronic area shall not exceed 40 percent of the allowed/permitted sign face. For signs located at least ten feet from the ground, the electronic area shall not exceed 50 percent of the allowed/permitted sign face. 3. The message must not change more than once every six seconds. 4. Illumination shall be no greater than 7,500 nits during daylight hours and no greater than 500 nits during evening hours. 5. Audio speakers or any form of pyrotechnics are prohibited in association with an electronic changeable copy sign. 6. The leading edge of the sign must be a minimum distance of 100 feet from an abutting residential district boundary. This requirement shall not apply to permitted non‐ residential uses located within a residential zoning district, including, but not limited to, public facilities and religious institutions; provided, however, that no sign shall be erected within 150 feet from any residential dwelling. 7. In any historic overlay district within the municipal limits of the Town of Fort Mill, electronic signs shall not be permitted to be installed, affixed or displayed in any location that is visible from a public street or right‐of‐way. 8. Subparagraphs 2., 6. and 7. shall not apply to any digital sign that is legally in existence as of August 1, 2011. SECTION III. The Zoning Ordinance for the Town of Fort Mill; Article VI, Administration, Enforcement, Penalties, and Fees; Section 4, Temporary Uses and Special Events; Subsection E, Temporary Signs; is hereby amended to read as follows: E) Temporary signs. Temporary sign permits may be issued for temporary uses and events pursuant to article III, section 6(7) of the Zoning Ordinance. Notwithstanding the provisions of article III, section 6(7), the zoning administrator shall be authorized to waive the 60 30 consecutive day time limit for temporary signs for uses and events that are permitted to take place on a weekly or monthly basis (such as farmers markets); provided any such signs shall be erected andremoved on the same day that the use or event takes place.  SECTION IV. Severability. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby. SECTION V. Conflicting Ordinances Repealed. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION VI. Effective Date. This ordinance shall be effective from and after the date of adoption. SIGNED AND SEALED this _____ day of ___________________, 2021, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2021. First Reading: 8/9/2021 TOWN OF FORT MILL Public Hearing: 8/9/2021 Second Reading: ______________________________ Guynn H. Savage, Mayor LEGAL REVIEW ATTEST ______________________________ ______________________________ Barron B. Mack, Jr, Town Attorney Virginia Burgess, Town POLE SIGN