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Committee Meetings

Regular Meeting

Mauldin, SC · May 2, 2022

Agenda

Agenda

BUILDING CODES COMMITTEE MEETING MONDAY, MAY 2, 2022 | 6 PM 4th committee meeting The Committee will meet in the Mauldin City Hall at 5 East Butler Road in the Council Chambers at 6 p.m. Please note that members of the public may attend this meeting in-person but are encouraged to participate remotely. The meeting will be available remotely through Zoom. Please visit the City’s website at https://cityofmauldin.org/your-government/meeting- minutes-agendas/ to access the meeting via audio and videoconferencing. 1 Building Codes (BDS) Committee AGENDA May 2, 2022 Committee Members: Diane Kuzniar (Chair), Taft Matney, Frank Allgood 1. Call to Order The Honorable Diane Kuzniar 2. Public Comment The Honorable Diane Kuzniar 3. Reading and Approval of Minutes The Honorable Diane Kuzniar a. Building Codes Committee Meeting: April 4, 2022 (Pages 4-6) 4. Reports or Communications from City Officers The Honorable Diane Kuzniar a. BDS Director David Dyrhaug 5. Unfinished Business The Honorable Diane Kuzniar None 6. New Business The Honorable Diane Kuzniar a. An ordinance approving a major change to the Centerpointe Planned Development District (Pages 7- 31) b. An ordinance to rezone property consisting of approximately 8.1 acres located at 711 North Main Street and 713 North Main Street (tax map parcels #M008.03-01-010.01 and #M008.03-01-010.10) and providing an effective date (Pages 32-45) c. An amendment to Chapter 10, Article II (Business Licenses), Section 6 (Deductions, Exemptions, and Charitable Organizations) of the Mauldin Code of Ordinances to exempt short-term vendors at public markets from the business license tax (Pages 46-49) d. An amendment to Chapter 18, Article II (Nuisances) of the Mauldin Code of Ordinances to authorize the codes enforcement official rather than the Building 2 and Zoning Director to enforce certain provisions contained herein and to provide for and establish certain standards to protect against nuisances caused by light glare and light trespass and for other matters related thereto (Pages 50-57) e. Appointments to the Planning Commission (Page 58) 7. Public Comment The Honorable Diane Kuzniar 8. Committee Concerns The Honorable Diane Kuzniar 9. Adjourn The Honorable Diane Kuzniar 3 Minutes Building Codes (BDS) Committee April 4, 2022 2 Committee Meeting nd Committee Members: Diane Kuzniar (Chair), Taft Matney, Frank Allgood Others present: Business and Development Services Director David Dyrhaug and City Administrator Brandon Madden 1. Call to Order- Chairwoman Diane Kuzniar 2. Public Comment- None 3. Reading and Approval of Minutes a. Building Codes Committee Meeting: March 7, 2022 Motion: Councilman Matney made a motion to approve the minutes with Councilman Allgood seconding. Vote: The vote was unanimous (3-0). 4. Reports or Communications from City Officers a. BDS Director David Dyrhaug- The department has 30% in its budget. Inspections continue to be at record levels. There are some new commercial projects in the City- Circle K, Waffle House, and an urgent care facility. 5. Unfinished Business- There is no unfinished business 6. New Business a. An ordinance to amend Section 5:6, CRD, Central Redevelopment District, of the Mauldin Zoning Ordinance to add standards for fences, parking, and sign maintenance Staff has been asked to consider amendments to the Central Redevelopment District (CRD) that will further enhance the aesthetic standards for this district consistent with the City’s vision for the City Center project area. The City of Mauldin currently has standards that pertain to parking surfaces, abandoned signs, and fences. The proposed ordinance would amend the Mauldin Zoning Ordinance to provide additional provisions in the CRD District. Parking Surfaces The City of Mauldin currently has standards that provide that parking surfaces and driving surfaces required by ordinance must be paved (see Section 6:1.1.3 (A) of the Zoning Ordinance). However, this does not directly address vehicles being parked on unpaved surfaces. The draft ordinance would amend the CRD District by prohibiting vehicles from being “parked or stored on unpaved or unmarked surfaces” within the CRD District effective January 1, 2023. 4 Abandoned Signs The City of Mauldin currently has standards that provide that abandoned signs or signs that have deteriorated beyond 50 percent of the replacement cost must be removed. These current provisions define abandoned signs as signs at a property where the business at that property has vacated the site for more than 180 days. The draft ordinance would amend the CRD District by including signs where the sign face has been removed from a sign structure, in whole or in part, and not replaced within 180 days must be entirely removed. Outdoor Fencing The City of Mauldin currently has standards that prohibit fencing in front of a building in the CRD District. The current standards also require that any fencing visible from a right-of-way must be ornamental in nature (e.g., wrought iron or picket fence). The draft ordinance would amend the fencing standards in the CRD District by prohibiting any chain link fencing, wood privacy fencing, and other walls or fences not of an architectural or ornamental appearance. Appropriate walls and fences would include wrought iron fences, vinyl fences, spaced picket fences, and masonry walls constructed of brick, stone, or split face block. The draft ordinance also includes a maximum height of 4 feet for spaced picket fences and a maximum height of 6 feet for all other walls and fences (except for walls and fences required to screen dumpsters, utility structures, and mechanical/utility equipment). Spaced picket fences must provide a minimum 2 ½-inch gap between pickets. Barbed wire, razor wire, and similar materials are strictly prohibited. Any existing fencing in the CRD District which does not meet these standards must be removed by January 1, 2023. Chairwoman Kuzniar said she would like to remove picket fences from approval because they do not last. Councilman Matney agreed and said he would like to remove vinyl fencing as well. Chairwoman Kuzniar asked what type of fencing could be put around dumpsters if vinyl was prohibited. Mr. Dyrhaug answered that most projects use wooden privacy fencing for dumpster concealment. With the prohibition of vinyl fencing, it will be difficult. Councilman Allgood said the ordinance could be amended to read vinyl fencing would be allowed around dumpsters. Councilman Allgood said he is concerned about parking for businesses that do not have enough overflow parking. How would this be enforced? Mr. Dyrhaug said some businesses have a parking agreement with another business for overflow. Councilman Allgood asked how many businesses would be impacted by these new standards. Mr. Dyrhaug said a lot of them would be. Councilman Allgood asked about the sign portion of the draft ordinance. If there is a large shopping center with multiple tenants and one leaves, will it be required to put in a 5 blank sign? Mr. Dyrhaug said that is what normally happens, but he will clarify the draft ordinance. This item will be held in committee for more information and ordinance clarification. This item will not be sent to the Planning Commission at this time. 7. Public Comment- None 8. Committee Concerns Councilman Matney said Habitat for Humanity had a home preservation project here in Mauldin last week to take care of a woman’s roof. Councilwoman Kuzniar and Councilman Matney both went to see the project. Habitat for Humanity may come to Council one night to present this program, which provides low-cost repair and maintenance for homes of people who need help. 9. Adjourn- Chairwoman Kuzniar adjourned the meeting at 6:32 p.m. Respectfully Submitted, Cindy Miller Municipal Clerk 6 BUILDING CODES COMMITTEE AGENDA ITEM MEETING DATE: May 2, 2022 AGENDA ITEM: 6a TO: Building Codes Committee FROM: Business & Development Services Director, David C. Dyrhaug SUBJECT: Major Change to Centerpointe PD at 315 Bridgeway Blvd OWNER(S): Centerpoint Land Inc  Hughes Investments Inc AUTHORIZED REP(S): Buvermo Investments Inc  Seamon Whiteside TAX MAP NUMBER(S): 0542.01-01-020.06 LOCATION: 315 Bridgway Blvd CURRENT ZONING: PD, Planned Development SIZE OF PROPERTY: Approx. 13.13 acres REQUESTED CHANGE: Change Description of Site from “Non-Residential” to “Non-Residential and/or Multi-Family Residential” REQUEST The City of Mauldin has received a request to make a change to the Centerpointe PD pursuant to Section 5:11.17 of the Mauldin Zoning Ordinance. The change consists of amending the use description for 13.13 acres located at 315 Bridgeway Blvd. The applicant has requested to change this description from “Non- Residential” to “Non-Residential and/or Multi-family Residential” to accommodate a senior living facility. In addition, the change to this tract includes increasing the maximum building square footage from 240,000 square feet to 350,000 square feet and the maximum parking from 200 spaces to 350 spaces. HISTORY/BACKGROUND The 13-acre tract was previously amended in 2018 from a planned use of “Office Building” to “Non- Residential.” This was done with the intent of making the site available for an economic development project known as Project Koala which would have included operations for office, light manufacturing, and distribution. Although the major change to this Planned Development was approved at that time, Project Koala did not materialize. 7 PROPOSED DEVELOPMENT At present, a company called Buvermo Investments is proposing to develop an Arden Community senior living facility on a portion of this tract consisting of approximately 7 acres. The most recent information submitted by the applicant includes an intent to construct a 4-story facility comprising 152 market-rate, rental units for seniors ages 55 and up. Access for the units will be internal through interior corridors. The site would also include enclosed garages, a dog park area, and green space for future amenities. On- site amenities may include a fitness center, craft/art room, wellness room, pub, and common/game room. Outdoor amenities may include a pool, seating areas, and lawns for recreational and fitness activities. About Buvermo According to their website, “Buvermo Investments Inc. is a commercial real estate investment corporation owned by two privately held Dutch investment firms. Since 1978, Buvermo has invested in both development projects and stabilized real estate including office buildings, apartments, senior housing, condos, retail, hotel and mixed-use. Investments are also made in land to secure entitlements for development or for sale to third parties.” About Arden Communities “Founded in 2020, Arden is expertly designing a new option for 55+ community living across the Southeast that is dedicated to empowering residents’ lives through possibility, inclusivity and accessibility. Arden provides a brand new value-driven option for those seeking to be part of an engaged and active living community.” Arden Communities have been developed in Charlotte, NC, and have projects planned in Huntersville, NC, Indian Land, SC, and Matthews, NC. PLANNED DEVELOPMENT PROCEDURES Pursuant to Section 5:11.17 of the Mauldin Zoning Ordinance, any change or amendment to a planned development (PD) relating to the use of the property must be approved by City Council. The Planning Commission provides the City Council with a recommendation regarding the change or amendment. The Planning Commission also reviews the final development plan for approval. NEIGHBORHOOD MEETING In accordance with Section 4:3.3 of the Mauldin Zoning Ordinance, the applicant held a neighborhood meeting on March 28, 2022. Based on the sign-in sheet, it appears that approximately 30 neighbors attended the meeting. According to the meeting summary provided by the applicant, questions and concerns covered topics including: buffers and building setbacks, tree preservation, building height, number of units, traffic, wildlife protection, stormwater, light pollution, operations of the facility, building design, and noise pollution. Attached is the applicant’s summary of the neighborhood meeting. PUBLIC HEARING The Planning Commission held a public hearing on April 27, 2022. Five citizens spoke at the public hearing. • Bill Lang, 143 Dove Haven Drive (Cooper’s Lake resident) spoke in opposition to the PD change, expressing concerns about traffic and that the proposed development is out of character for the area. 8 • Bill Getha, 501 Garden Spring Drive (Cooper’s Lake resident) spoke in opposition to the PD change, expressing concerns about traffic, the building height, and the noise and activity of cars from the drive proposed along the edge of the Cooper’s Lake subdivision. • Andrea Hammond, 301 Dove Haven Drive (Cooper’s Lake resident) spoke in opposition to the PD change, expressing concerns about stormwater and the loss of trees on this property. • Bill Wais, 210 Devon Drive (Knollwood resident) spoke in opposition to the PD change, expressing that this is not a good location for a senior living facility. • Debbie Donohue, 512 Garden Spring Drive (Cooper’s Lake resident) spoke in opposition to the PD change, expressing concerns about traffic, building height, and the suitability of the existing stormwater retention pond. CENTERPOINTE PD STANDARDS In addition to the standards specified in the Centerpointe PD, the development of this tract will be subject to standards provided in the Mauldin Zoning Ordinance and Land Development Regulations, where applicable. Below are some of the standards that will apply to the development of this tract. CENTERPOINTE PD MAULDIN ZONING AND STANDARD DEVELOPMENT STANDARD Allowed Land Uses Non-residential and/or multi- Per PD family residential Max. Bldg Sq Ft 320,000 square feet Per PD Min. Parking Spaces For senior living: 1.1 spaces per For senior living: 0.5 spaces per unit unit Max. Parking Spaces 350 parking spaces Per PD Max. Density 152 units Per PD Max. Bldg Height 4 stories Per PD Bldg Exterior Finish Hardi-plank and brick masonry Per PD Materials Min. Buffer along PD 30-foot landscape buffer 25-foot building setback External Perimeter Min. Buffer adjacent to Not provided (applicant has None Cooper’s Lake subdivision indicated they can provide a landscape berm or 6-foot-tall fence, if required) Other Landscaping Not provided 15 tree credit units per acre Requirements Street trees and shrubs along Bridgeway Blvd Parking lot trees and shrubs Outdoor Lighting Not provided Max. 0.5 foot-candles at property Requirements line Cutoff-type light fixtures only 9 REVIEW CRITERIA The Mauldin Zoning Ordinance does not contain any specified criteria that should be considered by the Planning Commission when reviewing requests for rezoning or planned developments. However, the following criteria are typical of those used by other jurisdictions. A. Consistency with the Comprehensive Plan or, if conditions have changed since the Comprehensive Plan was adopted, consistency with the overall intent of the Plan, recent development trends, and the general character of the area; B. Suitability of the site’s physical, geological, hydrological and other environmental features to support the breadth and intensity of uses that could be developed in the proposed zoning district; C. Compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning districts in terms of suitability of location, impacts on the environment, noise, density, nature of use, traffic impacts, aesthetics, ability to develop adjacent properties under existing zoning, and potential influence on property values; D. Capacity of public infrastructure and services to sufficiently accommodate all potential uses allowed in the proposed district without compromising public health, safety or welfare; and E. Public need for the potential uses permitted in the requested zoning district. STAFF FINDINGS The analysis below includes staff findings pertaining to each criterion. CRITERIA STAFF FINDINGS 1. Consistency with the Comprehensive Plan or, The Comprehensive Plan envisions much of the if conditions have changed, consistency with Centerpointe Planned Development (PD), the overall intent of the Plan, recent including this tract, as an “employment center.” development trends, and the general character Although a senior living facility does employ some of the area; staff, it is likely that this is not the type of business that was envisioned for this district. However, the Centerpointe PD is flanked by residential communities to the north (Cooper’s Lake), south (Bridges Crossing), and east (Tanner’s Mill, Valley at Tanner Estates, and Summerfield). In addition, the character of the Centerpointe PD is changing with the occupation of the former Samsung facility with Green Charter School. The Planning Commission and the City Council may or may not judge that the proposed change to the Centerpointe PD is consistent with development trends and the general character of the area. 2. Suitability of the site’s physical, geological, To staff’s knowledge, there are no apparent hydrological and other environmental features floodplains, wetlands, or topographic constraints to support the breadth and intensity of uses that on the site. Staff is not aware of any features at this could be developed site that would make it unsuitable for development. 10 CRITERIA STAFF FINDINGS 3. Compatibility of the potential uses allowed The tract is located in a mixed use environment that with surrounding uses and zoning districts in includes distribution facilities, townhomes, offices, terms of suitability of location, impacts on the educational facilities, and other urban village uses environment, noise, density, nature of use, coming to BridgeWay Station. In terms of traffic, traffic impacts, aesthetics, ability to develop noise, aesthetics, and other potential impacts, it adjacent properties under existing zoning, and would seem that the proposal for a senior living potential influence on property values community at this site would have less impact than if it were developed for light manufacturing, office, and distribution operations. The Planning Commission and the City Council may or may not judge that this change to the Centerpointe PD is compatible with the surrounding uses. 4. Capacity of public infrastructure and services Staff is not aware of any utilities, including water to sufficiently accommodate potential uses and sewer, that would not be available at this tract. allowed without compromising public health, Staff does not have any recent traffic count data for safety, or welfare Bridgeway Blvd or Holland Rd. If the project will generate more than 100 peak hour trips or is expected to increase the peak hour trips by more than 25%, the applicant will be required to provide a traffic impact study (TIS) before the final development plan can be approved. 5. Public need for the potential uses permitted This change to the Centerpointe PD and the proposed senior living community would provide additional senior living options for the Mauldin community. One of the goals provided in the Comprehensive Plan is to increase housing options for seniors (see Objective 1.1 in Chapter 3 “Housing” of the Comprehensive Plan). TIMELINE On March 28, 2022, the applicant met with interested neighbors to review their proposal and to seek questions and comments. On March 29, 2022, staff received the request to amend the Centerpointe PD. On April 27, 2022, the Planning Commission conducted a public hearing. After the public hearing was concluded, the Planning Commission voted 6-0 to recommend approval of the major change to the Centerpointe PD. STAFF RECOMMENDATION In staff’s opinion, it appears that the proposed senior living community at this tract has the potential to introduce lesser impacts in terms of noise, traffic, aesthetics, and similar impacts in comparison to light industry, office, and distribution operations as formerly planned. However, staff recognizes that some of the neighbors have concerns about the development of a senior living community at this tract. 11 PLANNNG COMMISSION RECOMMENDATION On April 27, 2022, the Planning Commission voted 6-0 to recommend approval of the major change to the Centerpointe PD. ATTACHMENTS Proposed ordinance (statement of intent and preliminary development plan contained therein) Neighborhood meeting information Additional conceptual drawings and layouts 12 ORDINANCE # _________ AN ORDINANCE APPROVING A MAJOR CHANGE TO THE CENTERPOINTE PLANNED DEVELOPMENT DISTRICT WHEREAS, in 1997, the City of Mauldin rezoned certain property known as Centerpointe, identified as a 88.43 site area as shown on the Development Plan attached hereto as Exhibit “A,” as a Planned Development District pursuant to a Statement of Intent attached hereto as Exhibit “B”; and WHEREAS, according to the Statement of Intent attached hereto as Exhibit “B”, the Planned Development required Restrictive Covenants for Centerpointe, which were filed with the Greenville County Register of Deeds Office on November 14, 1997 in Deed Book 1727 at Page 246. The original Statement of Intent also called for “high quality buildings including Corporate Headquarters, General Office, Office Distribution, and Multi-Family Residential”; and WHEREAS, to allow for a senior living community, the Property Owner is requesting an amendment to the original Preliminary Development Plan and Statement of Intent that would allow for consideration of non-residential and/or multi-family residential uses for a certain tract of land within Centerpointe identified as a 13.13-acre tract (hereinafter referred to as “Property”); and WHEREAS, the Property Owner submitted an Amended Preliminary Development Plan and Statement of Intent setting forth the change in use for the Property, copies of which are attached hereto and incorporated herein as Exhibit “C”; and WHEREAS, according to Exhibit “C”, the design of the non-residential and/or multi- family residential uses will be consistent with the design guidelines set forth in the original Statement of Intent and the Restrictive Covenants; and WHEREAS, according to the City of Mauldin Zoning Ordinance, Section 5:11.17(B), a change in use to a Planned Development is considered a Major Change; and WHEREAS, pursuant to Section 5:11.17(B) of the Mauldin Zoning Ordinance, major changes to a Planned Development District may be approved by City Council; and WHEREAS, an amendment to the original Statement of Intent to allow for the expansion of non-residential and/or multi-family residential uses on the Property will not be detrimental to the adjacent parcels or the immediate surrounding area. NOW THEREFORE BE IT ORDAINED by the mayor and City Council of the City of Mauldin, South Carolina, in council assembled and by the authority thereof Section 1. That the Preliminary Development Plan and Statement of Intent for the Property be amended to allow for the expansion of non-residential and/or multi-family residential uses 13 according to the requirements of Exhibit “C” attached hereto and the Restrictive Covenants covering the property. Section 2. This ordinance shall become effective upon second reading approval thereof. Passed on First Reading ________________________________ Passed on Second Reading ______________________________ CITY OF MAULDIN, SOUTH CAROLINA BY: ________________________________ Terry Merritt, Mayor ATTEST: ___________________________________ Cindy Miller, Municipal Clerk APPROVED AS TO FORM: ___________________________________ John Duggan, City Attorney 14 EXHIBIT A 15 EXHIBIT B 16 17 18 19 EXHIBIT C 20 21 22 23 24 25 26 27 28 29 30 31 BUILDING CODES COMMITTEE AGENDA ITEM MEETING DATE: May 2, 2022 AGENDA ITEM: 6b TO: Building Codes Committee FROM: Business & Development Services Director, David C. Dyrhaug SUBJECT: Rezoning at 711-713 N Main Street OWNER(S): Arthur State Bank Trustee of Louise Carrere, Trust A & B AUTHORIZED REP(S): Deep River South Development TAX MAP NUMBER(S): #M008.03-01-010.01 and #M008.03-01-010.10 LOCATION: 711-713 N Main Street CURRENT ZONING: C-2, General Commercial, and R-20, Residential REQUESTED ZONING: R-M, Multi-Family Residential SIZE OF PROPERTY: Approx. 8.17 acres REQUEST The City of Mauldin has received a signed petition requesting the rezoning of a tract of land pursuant to Section 4:2 of the Mauldin Zoning Ordinance. This petition includes approximately 8.17 acres located at 711 and 713 North Main Street. This is at the intersection of North Main Street and Edgewood Drive. The applicant has requested that this entire tract be rezoned from C-2, General Commercial, and R-20, Residential, to R-M, Multi-Family Residential. The applicant is planning for a townhome-style rental community project described below. HISTORY/BACKGROUND The property at 711 N. Main Street is currently vacant and is the former site of Markdown Mobile Homes. This property at 711 N. Main Street had been zoned as R-20, Single-family Residential, up until 2019, when the majority of the property was rezoned to C-2, General Commercial. At the time, a 120-foot-wide strip along the back of the property next to the Knollwood community retained its R-20 zoning for the purpose of serving as a buffer next to the Knollwood community. The property at 713 N. Main Street is currently occupied by Ricky’s Pools swimming pool repair service. This property has been zoned C-2, General Commercial, for numerous years. 32 PROPOSED DEVELOPMENT At present, a company called Deep River South Development is proposing to develop a 90-unit townhome- style rental community on this 8-acre tract. The community is being planned and designed to appeal to residents who work from home. The community will feature a community clubhouse and business center near the community entrance. The community will also feature a central stormwater management area designed as a passive recreational area. The rear of the homes that back up to Edgewood Drive will be designed with doors, windows, landscaping and porch lights that are typical of the design of the front of a home so as to enhance the aesthetic along Edgewood Drive. It is also expected that the community will feature sidewalks and walking paths. About Deep River South Development On their website, Deep River South Development states that they “develop properties in the best North and South Carolina markets, focused on building new home communities design to specifically appeal to Millennials and Baby Boomers.” Over the last couple of years, they have completed projects in Boiling Springs (Bexley Park, 121 homes), Duncan (Peachtree Park, 171 homes), Roebuck (Highland Park, 68 homes), and Greer (Saddlebrook Farm, 130 homes). They currently have new communities being developed in Spartanburg County, Greer, Fountain Inn and Asheville. NEIGHBORHOOD MEETING In accordance with Section 4:3.3 of the Mauldin Zoning Ordinance, the applicant held a neighborhood meeting on March 23, 2022. Based on the sign-in sheet, it appears that approximately 15 neighbors attended the meeting. According to the meeting summary provided by the applicant, questions and concerns covered topics including: traffic, tree preservation, stormwater runoff, landscape buffering and screening, for-rent vs. for-sale product, the applicant’s previous projects, outdoor lighting, and the frontage along Edgewood Drive. Attached is the applicant’s summary of the neighborhood meeting. PUBLIC HEARING The Planning Commission held a public hearing on April 27, 2022. Three citizens spoke at the public hearing. • Diane Kuzniar, 503 Knollwood Drive (Knollwood resident), spoke in support of the rezoning but also expressed concern that SCDOT may restrict the access to the proposed development from North Main Street. • Steve Pillon, 206 Devon Drive (Knollwood resident), spoke in opposition to the rezoning and expressed concerns pertaining to traffic and stormwater drainage. He also expressed a preference for restaurants that residents could walk to. • Anna Pillon, 206 Devon Drive (Knollwood resident), spoke in opposition to the rezoning and expressed concerns that the proposed development will be for renters and not homeowners. She also expressed a preference for shops, restaurants and/or owner-occupied homes. 33 ZONING ANALYSIS AND STANDARDS Existing Zoning Classification The C-2 district is established to promote accessible and central concentrations of business activities and commercial establishments offering both retail goods and services to people from throughout the community. This district is intended to serve both pedestrians as well as people who travel by automobile. Therefore, this district is located along major roadways, and businesses are encouraged to locate in close proximity to one another. Where necessary, adjacent residential areas are protected through landscaping and site design. Proposed Zoning Classification The R-M zoning designation is a multi-family residential district intended to provide a full range of medium- to high-density multi-family housing types in addition to detached and attached single-family homes recreational, religious, and educational facilities. This district is intended to provide a transition between single-family districts and commercial districts. Development standards associated with the R-M zoning district include: • Maximum density: 16 units per acre • Maximum building height: 45 feet • Minimum front building setbacks: 20 feet • Minimum side setbacks: 10+ feet • Minimum rear setbacks: 15+ feet • Buffer required next to Knollwood community: 20-foot Type “A” landscape buffer • Minimum open space: 200 square feet per dwelling unit • Minimum parking: 1.5 parking spaces per multi-family dwelling unit; 2 parking spaces per single- family dwelling unit Surrounding Development/Zoning These properties are surrounded by the following zoning and land uses: Direction Zoning District(s) Existing Use(s) North C-2 (City) Big Blue Marble Academy/ Novo Apartments South C-2 (City) Kent-Gault Manufactured Home sales East I-1 (City) Undeveloped West R-20 (City) Knollwood subdivision Comprehensive Plan Analysis This property is designated as a “mixed use” and also as part of a “regional corridor” in the future land use map of the comprehensive plan. Mixed Use areas are intended to include a substantial residential component within easy walking distance of retail, restaurant, office, and entertainment. A Regional Corridor is envisioned to include intense commercial uses, including “big box” retail, drive-through restaurants, large shopping centers, and automotive service centers. 34 REVIEW CRITERIA The Mauldin Zoning Ordinance does not contain any specified criteria that should be considered by the Planning Commission when reviewing requests for rezoning. However, the following criteria are typical of those used by other jurisdictions. F. Consistency with the Comprehensive Plan or, if conditions have changed since the Comprehensive Plan was adopted, consistency with the overall intent of the Plan, recent development trends, and the general character of the area; G. Suitability of the site’s physical, geological, hydrological and other environmental features to support the breadth and intensity of uses that could be developed in the proposed zoning district; H. Compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning districts in terms of suitability of location, impacts on the environment, noise, density, nature of use, traffic impacts, aesthetics, ability to develop adjacent properties under existing zoning, and potential influence on property values; I. Capacity of public infrastructure and services to sufficiently accommodate all potential uses allowed in the proposed district without compromising public health, safety or welfare; and J. Public need for the potential uses permitted in the requested zoning district. STAFF FINDINGS The analysis below includes staff findings pertaining to each criterion. CRITERIA STAFF FINDINGS 1. Consistency with the Comprehensive Plan or, This property is designated as a “mixed use” and if conditions have changed, consistency with also as part of a “regional corridor” in the future the overall intent of the Plan, recent land use map of the comprehensive plan. Mixed development trends, and the general character Use areas are intended to include a substantial of the area; residential component within easy walking distance of retail, restaurant, office, and entertainment. A Regional Corridor is envisioned to include intense commercial uses, including “big box” retail, drive-through restaurants, large shopping centers, and automotive service centers. The Planning Commission and the City Council may or may not judge that the proposed rezoning is consistent with the intent of the comprehensive plan, recent development trends, and the general character of the area. 2. Suitability of the site’s physical, geological, To staff’s knowledge, there are no apparent hydrological and other environmental features floodplains, wetlands, or topographic constraints to support the breadth and intensity of uses that on the site. Staff is not aware of any features at this could be developed site that would make it unsuitable for development. 35 CRITERIA STAFF FINDINGS 3. Compatibility of the potential uses allowed The tract is located in a transitional area between with surrounding uses and zoning districts in commercial and industrial property along N. Main terms of suitability of location, impacts on the Street and a single-family residential community environment, noise, density, nature of use, behind the tract. In terms of traffic, noise, traffic impacts, aesthetics, ability to develop aesthetics, and other potential impacts, it would adjacent properties under existing zoning, and seem that the proposal for a residential community potential influence on property values at this site would have less impact than if it were developed for several commercial uses allowed under the current zoning. The Planning Commission and the City Council may or may not judge that this rezoning is compatible with the surrounding uses. 4. Capacity of public infrastructure and services Staff is not aware of any utilities, including water to sufficiently accommodate potential uses and sewer, that would not be available at this tract. allowed without compromising public health, This project is expected to connect to the sewer line safety, or welfare on the Novo Apartments site that ties into the sewer line through Ashford Estates. If the project will generate more than 100 peak hour trips or is expected to increase the peak hour trips by more than 25%, the applicant will be required to provide a traffic impact study (TIS) before the final development plan can be approved. Based on the current conceptual development proposal, this development is not expected to trigger the requirement for traffic impact study. 5. Public need for the potential uses permitted The current conceptual development proposal would provide additional living options specifically targeted to people who work from home. Since the COVID pandemic, working from home has become more widespread. This rezoning also helps to meet the high demand for housing around this area. TIMELINE On March 23, 2022, the applicant met with interested neighbors to review their proposal and to seek questions and comments. On March 28, 2022, staff received the request to rezone this tract. On April 27, 2022, the Planning Commission conducted a public hearing. After the public hearing was concluded, the Planning Commission voted 6-0 to recommend approval of the rezoning. 36 STAFF RECOMMENDATION In staff’s opinion, it appears that the conceptual residential community at this tract has the potential to introduce lesser impacts in terms of noise, traffic, aesthetics, and similar impacts in comparison to other commercial development projects that would otherwise be allowed by the current zoning of the property. In addition, it appears that the conceptual residential community may be a reasonable transition between the Knollwood neighborhood and the commercial and industrial businesses along N. Main Street. However, the Planning Commission and the City Council will need to make a judgment on whether (1) this rezoning is consistent with the vision for the future of this area, (2) the rezoning is compatible with the surrounding uses, and (3) any other factors that they deem pertinent. PLANNNG COMMISSION RECOMMENDATION On April 27, 2022, the Planning Commission voted 6-0 to recommend approval of the rezoning. ATTACHMENTS Proposed ordinance (maps included therein) Neighborhood meeting information Additional conceptual drawings and layouts 37 ORDINANCE # __________ AN ORDINANCE TO REZONE PROPERTY CONSISTING OF APPROXIMATELY 8.1 ACRES LOCATED AT 711 NORTH MAIN STREET AND 713 NORTH MAIN STREET (TAX MAP PARCELS: #M008.03-01-010.01 AND #M008.03-01-010.10) AND PROVIDING AN EFFECTIVE DATE WHEREAS, Arthur State Bank Trustee of Louise Carrere, Trust A & B, have petitioned the City of Mauldin to rezone +/- 8.1 acres from the C-2, General Commercial, and R-20, Residential District, to the R-M, Multi-family Residential District; and WHEREAS, a rezoning of the parcel is in keeping with the City of Mauldin 2014 Comprehensive Plan Update; and WHEREAS, the site is suitable for the types of uses that could be developed under the new zoning district; and WHEREAS, the potential uses permitted in the new zoning district meet a public need and are not detrimental to the public health, safety, and welfare; and WHEREAS, the Mauldin Planning Commission has given favorable recommendation to the zoning application; and NOW THEREFORE BE IT ORDAINED by the mayor and City Council of the City of Mauldin, South Carolina, in council assembled and by the authority thereof Section 1. That the property described in zoning docket PC-2022-04-RZ and Greenville County Tax Map Parcels M008.03-01-010.01 and M008.03-01-010.10 be rezoned from C-2 and R-20 to R-M, Multi-family Residential. The property is further identified on the attached exhibit that is hereby incorporated into this ordinance, including Exhibit 1, Zoning & Property Map. Section 2. This ordinance shall become effective upon and after its final passage. Passed on First Reading ________________________________ Passed on Second Reading ______________________________ CITY OF MAULDIN, SOUTH CAROLINA ATTEST: BY: ________________________________ Terry Merritt, Mayor ___________________________________ Cindy Miller, Municipal Clerk APPROVED AS TO FORM: ___________________________________ 38 John Duggan, City Attorney 39 EXHIBIT 1 40 41 42 43 44 45 BUILDING CODES COMMITTEE AGENDA ITEM MEETING DATE: May 2, 2022 AGENDA ITEM: 6c TO: Building Codes Committee FROM: Business & Development Services Director, David C. Dyrhaug SUBJECT: Short-Term Vendors at Public Markets BACKGROUND Staff has been asked to examine and explore the opportunity to consider a business license tax exemption for short-term vendors that participate in public market events managed by the City of Mauldin. CURRENT MAULDIN STANDARDS Currently, the City of Mauldin ordinances do not provide any business license tax exemption for short-term vendors that participate in public market events managed by the City of Mauldin. In addition to the requirement to pay a business license tax, vendors have been subject to a separate application fee for participating in public market events managed by the City of Mauldin. NEIGHBORING JURISDICTION STANDARDS The cities of Greenville, Greer, Simpsonville, and Fountain Inn each exempt short-term vendors at public market events from the business license tax. The City of Greenville specifies directly in their ordinance that “public market short-term vendors shall be exempt from the business license tax in recognition of the fact their application fee for participation in public markets includes a charge for the privilege of doing business at such public markets.” Of cities in Greenville County, only Travelers Rest charges a prorated business license tax to short-term vendors at public market events. DRAFT ORDINANCE The attached draft ordinance includes an amendment to Section 6 (Deductions, Exemptions, and Charitable Organizations) of the Mauldin Business License Ordinance. This amendment additionally lists short-term vendors at public market events operated, managed, or sponsored by the City of Mauldin. This covers vendors that sell farm and orchard produce, processed foods, crafts and/or like miscellaneous personal, family and household products at these events. This does not cover mobile food sales such as food trucks and food trailers (mobile food sales are eligible for other fee exemptions administered in the zoning ordinance). 46 REQUEST This draft ordinance is being presented to the Building Codes Committee at this time for review and comment. If the Committee chooses, they may recommend this ordinance to the City Council for review. ATTACHMENTS Draft Ordinance 47 ORDINANCE # __________ AN AMENDMENT TO CHAPTER 10, ARTICLE II (BUSINESS LICENSES), SECTION 6 (DEDUCTIONS, EXEMPTIONS, AND CHARITABLE ORGANIZATIONS) OF THE MAULDIN CODE OF ORDINANCES TO EXEMPT SHORT-TERM VENDORS AT PUBLIC MARKETS FROM THE BUSINESS LICENSE TAX WHEREAS, the Mauldin City Council at various times reviews the city ordinances to make necessary improvements and/or changes; and WHEREAS, the City of Mauldin from time to time manages and coordinates public markets such as farmers markets, makers markets, and artisan markets; and WHEREAS, the City of Mauldin finds that public events can improve quality of life for residents; and, WHEREAS, the City of Mauldin charges application fees for participation in public markets which represents a fee for the privilege of doing business at such public markets. NOW THEREFORE BE IT ORDAINED by the Mayor and City Council of the City of Mauldin, South Carolina, in council assembled and by the authority thereof that the Mauldin Municipal Code be amended as follows: Section 1 Amendment. Amend Section 6, Deductions, Exemptions, and Charitable Organizations, of the Mauldin Business License Ordinance as follows (language that is struck through is language proposed to be deleted, underlined language is language proposed to be added, language is not struck through or underlined is not to be changed, and *** represents sections of the Zoning Ordinance that have been skipped and remain unchanged): Section 6. Deductions, Exemptions, and Charitable Organizations. *** F. Short-term vendors solely conducting business in the City at public markets shall be exempt from the business license tax in recognition of the fact that their application fee for participation in public markets includes a charge for the privilege of doing business at such public markets. It is the intent of this provision to exempt from the City business license tax the activity and sales conducted at a public market by short-term vendors, except mobile food sales (i.e., food trucks and trailers). For purposes of this exemption, “public market” means a public event operated, managed, or sponsored by the City of Mauldin at which vendors provide the sale of farm and orchard produce, processed foods, crafts and/or like miscellaneous personal, family and household products and where vendor application fees are received by the City of Mauldin. These types of events may be commonly referred to as a “farmers market,” “makers market,” or 48 “artisan market.” For the purposes of this exemption, “short-term vendors” means those persons who lease, sub-lease, or otherwise lawfully occupy a portion of the public market with the consent of the owner for a period of less than one year, and who customarily sell farm and orchard produce, processed foods, crafts and/or like miscellaneous personal family and household products. *** Section 2. This ordinance shall become effective upon and after its final passage. Passed on First Reading: _______________________________ Passed on Second Reading: ______________________________ CITY OF MAULDIN, SOUTH CAROLINA BY: ________________________________ Terry Merritt, Mayor ATTEST: ___________________________________ Cindy Miller, Municipal Clerk APPROVED AS TO FORM: ___________________________________ City Attorney 49 BUILDING CODES COMMITTEE AGENDA ITEM MEETING DATE: May 2, 2022 AGENDA ITEM: 6d TO: Building Codes Committee FROM: Business & Development Services Director, David C. Dyrhaug SUBJECT: Light Nuisance Standards BACKGROUND Earlier this year, staff was asked to examine and explore the opportunity to consider outdoor lighting standards that could address nuisances created by outdoor lighting, particularly in residential neighborhoods. CURRENT MAULDIN STANDARDS Presently, the City of Mauldin has some outdoor lighting standards prescribed in Section 6:3.1 of the Mauldin Zoning Ordinance. These provisions primarily apply to new development and where new outdoor lighting fixtures are installed, except that these provisions do not apply to single-family residential properties even though single-family residential properties may be the cause of glare and light pollution to other single-family properties. Additionally, these provisions do not apply to street lighting installed by a governmental agency. NEIGHBORING JURISDICTIONS STANDARDS Most of the other nearby jurisdictions, including Greenville County, the City of Simpsonville, and the City of Greer, have comparable outdoor lighting standards to the City of Mauldin and exempt single-family residential properties from outdoor lighting standards. Only the City of Greenville provides lighting standards that also apply at single-family residential properties. DRAFT ORDINANCE The City Attorney has drafted an ordinance that would introduce standards establishing light glare and light trespass as a public nuisance. The ordinance also amends the current nuisance ordinance by assigning the duty of enforcement to the City’s code enforcement official instead of the building and zoning director. Specifically, the draft ordinance declares: • Any light glare or light trespass of such character, intensity, or duration which substantially interferes with the public rights of way or with the comfortable enjoyment of persons with ordinary 50 sensibilities occupying, owning, or controlling nearby properties within the jurisdictional limits of the City is hereby declared to be unlawful, constitutes a nuisance, and is prohibited. • It shall be unlawful for any person to make, continue, or cause to be made or continued any light glare or light trespass as defined herein which disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity, within the jurisdictional limits of the City. See the attached draft ordinance for the full text of said ordinance. REQUEST This draft ordinance is being presented to the Building Codes Committee at this time for review and comment. If the Committee chooses, they may recommend this ordinance to the City Council for review. ATTACHMENTS Draft Ordinance 51 ORDINANCE # __________ AN AMENDMENT TO CHAPTER 18, ARTICLE II (NUISANCES) OF THE MAULDIN CODE OF ORDINANCES TO AUTHORIZE THE CODES ENFORCEMENT OFFICIAL RATHER THAN THE BUILDING AND ZONING DIRECTOR TO ENFORCE CERTAIN PROVISIONS CONTAINED HEREIN AND TO PROVIDE FOR AND ESTABLISH CERTAIN STANDARDS TO PROTECT AGAINST NUISANCES CAUSED BY LIGHT GLARE AND LIGHT TRESPASS AND FOR OTHER MATTERS RELATED THERETO WHEREAS, the Mauldin City Council at various times reviews the city ordinances to make necessary improvements and/or changes; and, WHEREAS, the City of Mauldin recognizes the need to protect against nuisances that may impair public health, safety, and general welfare; and, WHEREAS, the City of Mauldin desires to amend its ordinance to authorize the codes enforcement official rather than then the building and zoning director to take enforce certain provisions contained in Chapter 18, Article II; and, WHEREAS, the City of Mauldin also desires to amend its ordinance to add “Division 4 – Light Glare and Light Trespass” to protect against light glare and light trespass that may impair the enjoyment of life and constitute a public nuisance; and, WHEREAS, the City of Mauldin finds that the following amendments to Chapter 18, Article II (Nuisance) promotes the health, safety, and welfare of the citizens and residents of the City of Mauldin. NOW THEREFORE BE IT ORDAINED by the Mayor and City Council of the City of Mauldin, South Carolina, in council assembled and by the authority thereof that the Mauldin Municipal Code be amended as follows: Section 1 Amendment. Amend Chapter 18, Article II, Nuisances, as follows (language that is struck through is language proposed to be deleted, underlined language is language proposed to be added, language is not struck through or underlined is not to be changed, and *** represents sections of the Zoning Ordinance that have been skipped and remain unchanged): CHAPTER 18 – ENVIRONMENT *** ARTICLE II. – NUISANCES 52 DIVISION 1. – GENERALLY Section 18-31. – Condition of premises generally. All persons shall maintain their yards, cellars, drains, stable lots and all other lands owned or occupied by them in the city, whether occupied or vacant, in a clean and healthy condition. It shall be unlawful for the owner or occupant of any premises within the city limits to permit such premises to become filthy, dirty or so filled with rubbish as to emit dangerous or disagreeable odors to the annoyance or discomfort of persons who reside or transact business in that locality or who may pass along any street, lane, ally or sidewalk in the vicinity. Any place so kept or permitted is hereby declared a nuisance, subject to abatement by the building and zoning director code enforcement official or other official designated by the City Administrator. Section 18-32. – Report of unsanitary conditions to council. It shall be the duty of the building and zoning director the code enforcement official or other official designated by the City Administrator to report unsanitary conditions of buildings and premises to the City Administrator, who, in turn, shall inform the city council. Section 18-33. – Prohibited acts. It shall be unlawful for any person to do any act which offends, endangers, injures or impairs the health, safety or life of any individual. Any such act is hereby declared a public nuisance. Section 18-34. – Unsanitary, unsightly and unsafe conditions. (a) All premises within the city, whether vacant, improved or occupied, shall at all times be kept in a sanitary condition. All damp low places and all garbage, leaves, trash cans, vessels, broken bottles, pieces of metal, china, glass or other materials that may hold water are hereby declared to be a public nuisance. Weeds, grass and other rank vegetation which is allowed to grow, stand uncut upon, or garbage, trash, eroded soil and other debris allowed to accumulate and remain on any lot or allowed to spill into the public right-of-way, so as to render the premises unsightly or unsanitary, are hereby deemed and declared to be a public nuisance and a detriment to health and safety. The occupant or lessee of any such premises and the owner, his agent, representative or employee having control of any vacant premises within the city who shall permit or tolerate the existence of any conditions condemned in this section shall be guilty of a misdemeanor. (b) It shall be the duty of any owner and any lessee, occupant, agent or representative of the owner of any lot or parcel of land to cut or cause to be cut all weeds, grass and other rank vegetation and to remove all garbage, trash, eroded soil and other 53 debris as often as may be necessary to prevent the development of any of the conditions which are prohibited in this section. Section 18-35. – Conditions affording food or harborage for rats. (a) It shall be unlawful for any person to place, leave, dump or permit to accumulate any garbage, rubbish or trash in any building, vehicle and their surrounding areas in the city so that the same shall or may afford food or harborage for rats. Any violation of this section shall constitute a public nuisance. (b) It shall be unlawful and constitute a public nuisance for any person to permit to accumulate on any premises, improved or vacant, or on any open lots or alleys in the city, any lumber, boxes, barrels, bricks, stones or similar materials and permit them to remain thereon unless the same shall be placed on open racks that are elevated not less than 18 inches above the ground and evenly piled or stacked, so that these materials will not afford harborage for rates or violate any other provisions of this article. Section 18-36. – Abatement. (a) The building and zoning director code enforcement official, upon receiving notice of the existence of any condition declared by this article, shall notify the existence of any condition declared by this article, shall notify the person responsible for such condition to clean up his premises and abate such public nuisance within ten days. It shall be sufficient notification to deliver the notice or a copy thereof to the person to whom it is addressed or to deposit a copy of such notice in the United States mail properly stamped and directed to such person at his last known address and post a copy thereof on the premises upon which the public nuisance exists. If service of notice cannot be obtained in either of such methods, notice will be posted in a conspicuous place, for 24 hours, on the premises where the violation has occurred. (b) Upon failure of the person to abate the cited public nuisance, as provided for in this section, within ten days after notice, a person violating these provisions of this section shall be deemed guilty of a misdemeanor and punished in accordance with section 1-6. (c) The employees or agents of the City may enter upon the premises of the offending person and cause the public nuisance to be removed therefrom. The cost of removing such nuisance shall become a lien upon the land, and such person shall be liable to the city for the costs of removal or abatement in addition to being subject to prosecution for violating this article. Section 18-37. – Right of entry to abate. 54 The building and zoning director code enforcement official, together with his subordinates, assistants, workers, employees and agents, shall have the power to enter upon any premises within the City upon which there is suspected to be a public nuisance for the purpose of abating the same. Any person who in any manner hinders or obstructs any authorized officer or representative of the city in the inspecting of any premises within the City limits, in the abatement or removal of any public nuisance, or in the discharge of any duties prescribed in this article or any other ordinance for the prevention or correction of any unsanitary, unsightly, or unsafe condition in the City shall be guilty of a misdemeanor. *** DIVISION 4 – LIGHT GLARE AND LIGHT TRESPASS Section 18-101. – Prohibited Light Glare and Light Trespass, Generally (a) Any light glare or light trespass of such character, intensity, or duration which substantially interferes with the public rights of way or with the comfortable enjoyment of persons with ordinary sensibilities occupying, owning, or controlling nearby properties within the jurisdictional limits of the city is hereby declared to be unlawful, constitutes a nuisance, and is prohibited. (b) It shall be unlawful for any person to make, continue, or cause to be made or continued any light glare or light trespass as defined herein which disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity, within the jurisdictional limits of the city. Section 18-102 – Definitions (a) "Light Glare" - The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, to cause annoyance, discomfort, or loss of visual performance and visibility. (b) "Light trespass" - Effects of light that strays from the intended purpose and becomes an annoyance, a nuisance, or a determent to visual performance. (c) "Shielding" - A design feature or a device that is applied to a light to prevent its light output from being visible from selected locations or horizontal and/or vertical angles. Section 18-103. – Applicability. (a) The requirements of this section shall apply to all properties within the City with the exception of properties owned by the City of Mauldin and lighting required by SCDOT. 55 (b) Nonconforming lighting. Lighting in existence as of the effective date of this ordinance shall be considered nonconforming, and therefore, not subject to the requirements of this section; provided, however, lighting that is found to direct light or glare onto rights-of-way and/or residential properties may be declared a public nuisance if the lighting violates the lighting standards specified herein. Such lighting shall be altered to comply with the standards provided herein within thirty (30) days of receipt of a written notice from the City. Section 18-104. – Specific Standards for Lighting. (a) No blinking, flashing or fluttering lights or other illuminated device that has a changing light intensity, brightness, or color is permitted in any district except for temporary holiday displays. (b) Neither the direct nor reflected light from any outdoor light source shall create a hazard to adjacent property or operators of motor vehicles. (c) Light sources shall be concealed or shielded to the maximum extent feasible to minimize the potential for direct glare and unnecessary diffusion on adjacent property and rights- of-way. (d) Light fixtures used to illuminate flags, statutes, or any other objects mounted on a pole, pedestal, or platform shall use a narrow cone beam or light that shall not extend beyond the illuminated object. (e) Light fixtures within residential districts shall be wall-mounted or mounted on wood, concrete, fiberglass, or painted metal poles no higher than 15 feet above finished grade. (f) Luminaires (regular or flood lamps) 175 watts or less may be used without restriction or shielding to light distribution except that no direct glare shall be perceptible to persons on a public right-of-way or on adjacent property. (g) Luminaires (regular or flood lamps) between 175 watts and 400 watts shall be, at a minimum, semi-cutoff type. A “semi-cutoff” light is one that is shielded or constructed in such a manner that it emits no more than five percent of its light above the horizontal plane of the fixture, and no more than twenty percent of its light ten degrees below the horizontal plane of the fixture. (h) Luminaires (regular and flood lamps) in excess of 400 watts shall not emit any direct light above the horizontal plane of the fixture; i.e., it shall be shielding or full-cutoff type. A “full-cutoff” light is one that is shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture. 56 Section 18-105 – Penalties. Upon the code enforcement official becoming aware of a violation of this code, the codes official shall issue an order directing the owner or contractor to prevent or remedy the violation within thirty (30) days of receipt of the order. In the event the owner or contractor, or their agents or employees continue in violation after notice, the codes official may either seek an injunctive relief through the Greenville County Court of Common Pleas and/or issue a notice of violation. Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor. Upon conviction thereof, the person may be fined not more than five hundred dollars or imprisoned for not more than thirty days and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Section 2. This ordinance shall become effective upon and after its final passage. Passed on First Reading: _______________________________ Passed on Second Reading: ______________________________ CITY OF MAULDIN, SOUTH CAROLINA BY: ________________________________ Terry Merritt, Mayor ATTEST: ___________________________________ Cindy Miller, Municipal Clerk APPROVED AS TO FORM: ___________________________________ Daniel Hughes, City Attorney 57 BUILDING CODES COMMITTEE AGENDA ITEM MEETING DATE: May 2, 2022 AGENDA ITEM: 6e TO: Building Codes Committee FROM: Business & Development Services Director, David C. Dyrhaug SUBJECT: Vacancies and Expiring Terms on Planning Commission NEW VACANCIES THROUGH RESIGNATIONS Two members of the Planning Commission have recently tendered resignations, Ms. Kaitlyn Woolard (Seat #6) because she will be moving out of state and Mr. Dean Oang (Seat #7) because his travel schedule for work is impacting his ability to attend Planning Commission meetings. Therefore, there are currently 2 open seats on the Planning Commission. The current term for Seat #6 is for two more years and will expire at the end of June 2024. The current term for Seat #7 is for another year and will expire at the end of June 2023. The Building Codes Committee recently interviewed a pool of four applicants, two of which have since been appointed to the Planning Commission. The two candidates who were not yet appointed to the Planning Commission include Alfred Bixler and Chauncelynn Locklear. Recommended Action: If the Committee wishes, it may recommend one or both of the remaining candidates for appointment to the Planning Commission. Alternatively, the Committee may direct staff to re-advertise the vacancies on the Planning Commission. EXPIRING TERMS In addition to the above vacancies, the terms for Seat #2 (Chris Paglialunga) and Seat #5 (Brian Sofield) will be expiring at the end of June. Both Mr. Paglialunga and Mr. Sofield have requested to be reappointed for another term of three years. Recommendation Action: It is the recommendation of staff that Mr. Paglialunga and Mr. Sofield be reappointed to new terms to begin at the expiration of their current terms. ATTACHMENTS None 58

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