Planning Commission

Town of Summerville Planning Commission April 15, 2024 - 4:00 PM Town Hall, Council Chambers The meeting will be live-streamed through the live-streaming link on the Town’s website: www.summervillesc.gov For additional information regarding items on this agenda including any public hearings, please contact the Planning Department at planning@summervillesc.gov or 843.851.4217. Applications and related documents for this meeting are available for review at any time at www.summervillesc.gov/AgendaCenter. I. APPROVAL OF MINUTES: 1. Approval of minutes from meeting on January 22, 2024. II. PUBLIC HEARINGS: (public hearing notice in Post & Courier on 3.31.24 and signs posted on the property on 3.29.24) 1. Petition by Brianna Kopp Memis and Kevin W. Kopp to annex TMS# 136-07-02-006, located at 1219 Central Avenue, and totaling approximately 2 acres. Currently zoned R-1, Single-Family Residential, in Dorchester County and will be zoned N-B, Neighborhood Business, upon annexation into the Town of Summerville’s municipal limits. (Council District 1) 2. Proposed amendments to the Summerville Unified Development Ordinance, Chapter 2, Section 2.3.6.A - Encroachments; Chapter 4, Section 4.2.5 - Frontage Encroachments; Chapter 13, Section 13.7.1 – Zoning/Development Permit 3. Proposed amendments to the Summerville Unified Development Ordinance, Chapter 3, Section 3.3 – Table of Permitted Uses and Section 3.4.5.E – Tobacco/Tobacco Alternatives Sales Store; Chapter 15, Section 15.3 – Definition of Terms 4. Proposed amendments to the Summerville Unified Development Ordinance, Chapter 9, Section 9.3 – Design Standards 5. Proposed amendments to the Summerville Unified Development Ordinance, Chapter 13, Section 13.7.2 – Building Permit and Section 13.7.3 – Certificate of Occupancy/Occupancy Permit 6. Proposed amendments to the Summerville Unified Development Ordinance, Chapter 14, Section 14.2.4 – Notice of Violation and 14.2.5 – Failure to Correct Violation III. OLD BUSINESS: IV. NEW BUSINESS:  1. New Street Names: a. AMH Development, Salisbury tract (one street name needed): Edsel b. Lennar, Shewmaker Phase I (five street names needed): Agrarian Ave, Barnwood Ln, Cropfield Dr, Farmstead Dr, Harvest Grove Ln, Harvest Meadow Ln, Orchard Blossom Ln, Orchard Hill Rd, Orchard View Terrace, and Ranchview Ct 2. Petition by Brianna Kopp Memis and Kevin W. Kopp to annex TMS# 136-07-02-006, located at 1219 Central Avenue, and totaling approximately 2 acres. Currently zoned R-1, Single-Family Residential, in Dorchester County and will be zoned N-B, Neighborhood Business, upon annexation into the Town of Summerville’s municipal limits. (Council District 1) 3. Proposed amendments to the Summerville Unified Development Ordinance, Chapter 2, Section 2.3.6.A - Encroachments; Chapter 4, Section 4.2.5 - Frontage Encroachments; Chapter 13, Section 13.7.1 – Zoning/Development Permit 4. Proposed amendments to the Summerville Unified Development Ordinance, Chapter 3, Section 3.3 – Table of Permitted Uses and Section 3.4.5.E – Tobacco/Tobacco Alternatives Sales Store; Chapter 15, Section 15.3 – Definition of Terms 5. Proposed amendments to the Summerville Unified Development Ordinance, Chapter 9, Section 9.3 – Design Standards 6. Proposed amendments to the Summerville Unified Development Ordinance, Chapter 13, Section 13.7.2 – Building Permit and Section 13.7.3 – Certificate of Occupancy/Occupancy Permit 7. Proposed amendments to the Summerville Unified Development Ordinance, Chapter 14, Section 14.2.4 – Notice of Violation and 14.2.5 – Failure to Correct Violation V. MISCELLANEOUS: VI. ADJOURNMENT: ____________________________________ Chairperson or Vice Chairperson Posted April 8, 2024  The Town of Summerville Planning Commission Meeting Minutes January 22, 2024 This meeting of the Town of Summerville Planning Commission was held in Town Council Chambers and was attended by Commission Members, Jim Reaves, Chairman; Kevin Carroll; Tom Hart; Charlie Stoudenmire; and Elaine Segelken. Jim Bailey and Betty Profit were unable to attend. Staff in attendance included Jessi Shuler, AICP, Director of Planning. The public was invited to attend in person, or they viewed the meeting via live-stream. Jim Reaves, Chairman, called the meeting to order at 4:00 PM. Approval of Minutes: The Chairman asked if there were any edits or additions to the minutes from the meeting on December 18, 2023. Hearing none, the minutes were accepted as presented. Public Hearings: The first public hearing opened at 4:01 PM and was for the petition by Robert Norman & Cynthia Till Thomas to annex TMS# 136-07-02-005, located at 1223 Central Avenue, and totaling approximately 2 acres. Currently zoned R-1, Single-Family Residential, in Dorchester County and will be zoned N-B, Neighborhood Business, upon annexation into the Town of Summerville’s municipal limits. (Council District 1) Mr. Reaves introduced the item and asked if the applicant would like to present the request. Mr. and Mrs. Thomas stated that they wanted to annex with the same zoning as their neighbors. Hearing no public comment, this public hearing was closed at 4:02 PM. The second public hearing opened at 4:02 PM and was for the request to rezone TMS# 137-14-09-043, D RA FT located at 114 Sasportas Lane, totaling approximately 0.766 acres, and owned by Mary and Raymond VonDohlen, from GR-2, General Residential (2 units/acre), to GR-5, General Residential (5 units/acre). (Council District 3) Mr. Reaves introduced the item and asked if the applicant would like to present the request. Hearing no public comment, this public hearing was closed at 4:03 PM. Old Business There were no items under Old Business. New Business: The first item under New Business was New Street Names. Ms. Shuler stated that they have street names in three different developments to review this month. The proposed names of Element Way and Element Grove Blvd. are for an apartment complex at Berlin G. Myers Pkwy. and E. 9th North St. Only one street name is needed. Mr. Carroll made a motion to approve Element Way, and Ms. Segelken made the second. The motion passed unanimously. Ms. Shuler stated that the downtown mixed-use development off S. Cedar St. needs two street names and the following names were proposed: Bonaire Park (suffix to be added) and Bonaire Promenade Lane. She further explained that both “streets” would be pedestrian only. Ms. Segelken made a motion to approve both names, and Mr. Hart made the second. The motion passed unanimously. The third development is another apartment complex in the larger Salisbury tract development off N. Maple Street. That complex needs five street names, and the five proposed are: Cinnamon Teal, Trapper, Wren House, Farmstead, and Silver Maple. Mr. Carroll made a motion to approve all five names, and Mr. Hart made the second. The motion passed unanimously. The second item under New Business was the petition by Robert Norman & Cynthia Till Thomas to annex TMS# 136-07-02-005, located at 1223 Central Avenue, and totaling approximately 2 acres. Currently zoned R-1, Single-Family Residential, in Dorchester County and will be zoned N-B, Neighborhood Business, upon annexation into the Town of Summerville’s municipal limits. (Council District 1) Mr. Carroll made a motion to recommend approval, and Mr. Hart made the second. Mr. Reaves then called for the question and the motion passed unanimously. The third item under New Business was the request to rezone TMS# 137-14-09-043, located at 114 Sasportas Lane, totaling approximately 0.766 acres, and owned by Mary and Raymond VonDohlen, from GR-2, General Residential (2 units/acre), to GR-5, General Residential (5 units/acre). (Council District 3). Mr. Hart made a motion to recommend approval, and Mr. Carroll made the second. Mr. Carroll noted that there is only one lot adjacent to the property that is not already zoned GR-5. Mr. Reaves then called for the question and the motion passed unanimously. Miscellaneous: Mr. Reaves then asked if there were any nominations for Chairman for 2023. Mr. Hart moved to nominate Mr. Reaves again, and Mr. Carroll seconded. Mr. Carroll then moved to nominate Mr. Bailey as Vice Chairman, and Ms. Segelken made the second. Mr. Reaves called for the vote for both nominations, and the motions passed unanimously. Mr. Reaves reminded the Commission members about their training responsibilities for the new year and encouraged the Commission members to take advantage of the available webinars early in the year, rather than waiting. Adjourn With no further business for the Commission, Ms. Segelken made a motion to adjourn with Mr. Carroll RA D FT making the second. The motion carried and the meeting was adjourned at 4:12 PM. Respectfully Submitted, Date: __________________________ Jessi Shuler, AICP Director of Planning Approved: _________________________________________________ Jim Reaves, Chairman or Jim Bailey, Vice Chairman  ANNEXATION STAFF REPORT PLANNING COMMISSION April 15, 2024 Owner/Applicant: Brianna Kopp Memis & Kevin W. Kopp TMS#s: 136-07-02-006 Location: 1219 Central Ave. Description: one lot totaling 2 acres Request: Annexation and Zoning to N-B, Neighborhood Business The property owners are requesting for the above referenced parcel to be annexed into the Town with the zoning of N-B, Neighborhood Business. The existing zoning in Dorchester County is R-1, Single- Family Residential. This property is included in the Town’s ‘Single-Family Residential’ area as identified within the Summerville: Our Town, Our Future Comprehensive Plan as well as on the accompanying Future Land Use Map, which includes detached single-family uses with a typical density of 2-5 units per acre. However, this property does fall in the Town Edges area in the growth strategy included in the Land & Development element of the Comp Plan. The Town Edges growth area “prioritizes development in areas within existing infrastructure service boundaries to sustainably manage their capacity while utilizing available space. Prioritization of growth in this area is also intended to incorporate existing pockets of development in unincorporated areas (i.e. donut holes) and prevent future developments like these. Prioritization should be given to areas that include commercial development over solely residential areas.” The applicant does not have a specific use proposed at this time. The property across Central Avenue and immediately adjacent to this property are already zoned N-B in the Town, the properties at 1223 and 1227 Central were also just recently annexed and zoned N-B, and there are existing small businesses across Central Avenue under Dorchester County’s jurisdiction. Based on these findings the requested N-B, Neighborhood Business, zoning district is interpreted by staff to be in conformance with the Town’s Comprehensive Plan and is recommended for approval, as long as this property is developed in full conformance with the UDO standards and is compatible with the adjacent residential properties.  Annexation and Zoning Summerville to N-B Planning 100 W BUTTERNUT RD 1300 CENTRAL AVE Apt G13 1300 611 CENTRAL AVE WOODWARD 1300 Apt F6 BLVD 606 1225 CENTRAL WOODWARD 103 CENTRAL AVE Apt E9 BLVD AMBERWOOD DR AVE 604 WOODWARD 106 SANDLEWOOD DR BLVD 602 WOODWARD BLVD 207 AMBERWOOD DR 211 AMBERWOOD DR 202 601 307 AMBERWOOD DR 211 JASMINE DR WOODWARD BLVD SANDLEWOOD DR 301 SANDLEWOOD DR 518 305 SANDLEWOOD DR 207 WOODWARD JASMINE DR 404 SANDLEWOOD DR BLVD 513 202 WOODWARD BLVD 409 801 LAKE SAGEBRUSH LN SANDLEWOOD DR POINTE 514 105 ALYSSA LN AVE 204 WOODWARD SAGEBRUSH LN 509 301 LAKE 806 LAKE POINTE AVE BLVD WOODWARD BLVD POINTE AVE 206 308 LAKE POINTE AVE 100 LAKE 512 WOODWARD SAGEBRUSH LN POINTE AVE BLVD 209 SAGEBRUSH LN 9/11/2023 4/8/2024 1:3,381 0 0.02 0.04 0.09 mi Summerville Addresses MF-R PUD Annexation World RequestImagery Zoning Districts N-B Summerville Parcels Low Resolution 15m Imagery 0 0.04 0.07 0.15 km Maxar, Microsoft GR-5 PL Dorchester Parcels High Resolution 60cm Imagery DocuSign Envelope ID: F6912415-94AA-4709-990E-8B03568B7A53 2486CFC3-0524-4AC7-88F6-71AC745E1C44 STATE OF SOUTH CAROLINA ) ) PETITION FOR ANNEXATION COUNTY OF Dorchester ) TO THE HONORABLE MAYOR AND TOWN COUNCIL OF SUMMERVILLE WHEREAS, SECTION 5-3-150 (3) Code of laws of South Carolina provides for the annexation of an area or property which is contiguous to a Town by filing with the municipal governing body a petition signed by all persons owning real estate in the area requesting annexation, and WHEREAS, the undersigned are all persons owning real estate in the area requesting annexation, and WHEREAS, the area requesting annexation is described as follows, to wit: SAID PROPERTY, located at 1219 Central Ave, Summerville, SC 29483 (approximately 1.99 acres) to be annexed is identified by the Dorchester County Assessor’s Office as Property Identification Number: TMS # 136-07-02-006.000 to include, if necessary to establish contiguity, any road, waterway, easement, railroad track, marshland or utility line that intervenes between this property and the municipal limits of the Town of Summerville. NOW, THEREFORE, the undersigned petition the Town Council of Summerville to annex the above described area into the municipal limits of the Town of Summerville. 2024 Dated this 1 day of March , 2018. FREEHOLDERS (OWNERS) SIGNED DATE OF SIGNATURE 3/1/2024 (Signature) (Date) Brianna Kopp Memis (Print Name) 3/12/2024 (Signature) (Date) Kevin W Kopp (Print Name)  UDO AMENDMENTs STAFF REPORT PLANNING COMMISSION April 15, 2024 Applicant: Town Staff Description: Proposed amendments to the Summerville Unified Development Ordinance, Chapter 2, Section 2.3.6.A - Encroachments; Chapter 4, Section 4.2.5 - Frontage Encroachments; Chapter 13, Section 13.7.1 – Zoning/Development Permit Reason for request: These amendments are proposed by staff to address fencing that is not a part of a larger project and that is visible from the right-of-way. Fencing that is part of a project that must go before the Design Review Board (DRB) is reviewed by the DRB as a part of the project; however, if only a fence is being added to a site, there are no existing regulations for its design. Proposed amendments to the Summerville Unified Development Ordinance, Chapter 3, Section 3.3 – Table of Permitted Uses and Section 3.4.5.E – Tobacco/Tobacco Alternatives Sales Store; Chapter 15, Section 15.3 – Definition of Terms Reason for request: These amendments are proposed by staff to address the increasing number of CBD and CBD alternative sales stores that we see being requested. These stores generally also sell tobacco and vapes. The distance from schools, daycares, etc. was reduced slightly as state law does not allow for a use to be completely zoned out, and the 1,000-foot separation left very few places where these stores would be allowed. This also addresses signage for these stores. Proposed amendments to the Summerville Unified Development Ordinance, Chapter 9, Section 9.3 – Design Standards Reason for request: This amendment is proposed by staff to specifically address bright LED strip lighting that is not currently covered by our lighting regulations. Staff has received numerous complaints about this type of lighting, and this will allow us to regulate it effectively. Proposed amendments to the Summerville Unified Development Ordinance, Chapter 13, Section 13.7.2 – Building Permit and Section 13.7.3 – Certificate of Occupancy/Occupancy Permit Reason for request: These amendments are proposed by staff to allow for a more efficient and effective review of proposed building permit applications regarding zoning requirements. The foundation survey requirement will help staff catch potential zoning violations or building/fire code needs prior to starting vertical construction, which will make corrections much simpler and less costly. With more PUDs coming online that have smaller lot sizes and more infill development on difficult lots, the as-built survey will allow staff to guarantee that all zoning and grading requirements are being met. Proposed amendments to the Summerville Unified Development Ordinance, Chapter 14, Section 14.2.4 – Notice of Violation and 14.2.5 – Failure to Correct Violation Reason for request: These amendments are proposed by staff to better reflect the realities of dealing with code enforcement issues allowing staff to address these issues more efficiently and effectively, while still providing opportunities for violations to be corrected prior to citations being issued. 2  AN ORDINANCE TO AMEND THE SUMMERVILLE UNIFIED DEVELOPMENT ORDINANCE TO PROVIDE CHANGES TO CHAPTER 2, SECTION 2.3.6.A, ENCROACHMENTS; CHAPTER 4, SECTION 4.2.5, FRONTAGE ENCROACHMENTS; AND CHAPTER 13, SECTION 13.7.1, ZONING/DEVELOPMENT PERMIT; CERTIFICATE OF COMPLIANCE; CONDITIONAL/TEMPORARY USE PERMIT, OF THE TOWN OF SUMMERVILLE CODE OF ORDINANCES BE IT ORDAINED by the Mayor and Council members of the Town of Summerville, in Council assembled, that Chapter 2, Section 2.3.6.A, Encroachments; Chapter 4, Section 4.2.5, Frontage Encroachments; and Chapter 13, Section 13.7.1, Zoning/Development Permit; Certificate of Compliance; Conditional/Temporary Use Permit, of the Summerville Unified Development Ordinance are hereby amended as follows: Chapter 2 Section 2.3.6.A – Encroachments Subsection A will be changed to read as follows and the accompanying graphic will be added: “Walls, or fences may encroach within minimum required setbacks up to the property lines. Encroaching non- opaque fences in the front yard and street side/rear yard (on corner lots) shall be no greater than 4.5 feet in height. Encroaching walls and/or opaque fences in the front yard and street side/rear yard (on corner lots) shall be no greater than 3 feet in height. See Section 4.2.5 for design guidelines.” Chapter 4 Section 4.2.5 – Frontage Encroachments Addition of Subsection G to read as follows: “Fences: Chain-link fences are not allowed in the N-MX, D- MX, UC-MX, N-B, G-B, and L-I districts without DRB or BAR approval. When allowed, chain-link fences must be vinyl-coated and with the exception of public safety or institutional uses, are not allowed in a front yard or side street yard. Barbed wire or concertina wire is not allowed unless associated with a public safety use such as a detention center. Town Staff may require screening to conceal the barbed wire or concertina wire from public view. See Section 2.3.6.A for height restrictions.” Chapter 13 Section 13.7.1 - Zoning/Development Permit; Certificate of Compliance; Conditional Use/Temporary Use Permit Addition of Subsection A.10 to read as follows: “Fences in the front yard, street side/rear yard (on corner lots), or otherwise visible from a right-of-way, for all non-single family detached lots outside of the Historic District. (All fences in the Historic District require approval, see Section 13.8.1 or 13.8.2).” Ratified this day of , 2024 A.D. Russ Touchberry, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: _____________ FIRST READING: __________________ SECOND READING: ___________________  AN ORDINANCE TO AMEND THE SUMMERVILLE UNIFIED DEVELOPMENT ORDINANCE CHAPTER 3, SECTION 3.3 – TABLE OF PERMITTED USES; SECTION 3.4 – CONDITIONAL USE PROVISIONS AND CHAPTER 15, SECTION 15.3 – DEFINITION OF TERMS BE IT ORDAINED by the Mayor and Council members of the Town of Summerville, in Council assembled, that the Summerville Unified Development Ordinance, Chapter 3, Section 3.3 – Table of Permitted Uses and Section 3.4 – Conditional Use Provisions; and Chapter 15, Section 15-3 – Definition of Terms are amended as follows: Chapter 3 Section 3.3 – Table of Permitted Uses Under Commercial/Entertainment, change Tobacco/Tobacco Alternatives Sales Store to Tobacco/Tobacco Alternatives/CBD/CBD Alternatives Sales Store Section 3.4.5.E – Tobacco/Tobacco Alternatives Sales Store Amend to read as follows: 3.4.5 COMMERCIAL/ENTERTAINMENT E. Tobacco/Tobacco Alternatives/CBD/CBD Alternatives Sales Store (D-MX, UC-MX, G-B, L-I) 1. Location requirements: a. Tobacco/Tobacco Alternatives/CBD/CBD Alternatives Sales Stores shall only be allowed in the D-MX, UC-MX, G-B and L-I districts and shall require approval of a conditional use permit. b. No new Tobacco/Tobacco Alternatives/CBD/CBD Alternatives Sales Stores shall be established or located within 500 feet from any existing residential district, any sensitive receptors, or similar use as determined by the Town Staff. c. If the proposed location is within one thousand (1,000) 750 feet of a parcel occupied by a public or private kindergarten, elementary, middle, junior high or high school; licensed child- care facility or preschool other than a family day-care facility; public playground; youth center or public recreational facility, the Town Staff shall consider the compatibility of the proposed use and said use(s) and determine whether: i. The proposed use can be approved as proposed; or ii. Conditions can be imposed to mitigate any adverse impacts; or iii. The proposed use should be considered for another locations. iv. This determination shall be accompanied by a finding that there are other suitable locations for the proposed use and that said locations will not have the same or greater adverse impacts than the proposed location. The distances set forth above shall be measured as a radius from property line to property line without regard to intervening structures. d. The applicant shall be required to submit a map, drawn to scale, showing how their proposed business location meets the aforementioned location requirements as part of the conditional use permit application. 2. Operating standards: In addition to any conditions of approval imposed by the Zoning Administrator in accordance with this section every Tobacco/Tobacco Alternatives/CBD/CBD Alternative Sales Store permitted under this section shall comply with the following: a. Access to merchandise: Tobacco/Tobacco Alternative/CBD/CBD Alternative products shall be secured so that only store employees have immediate access to the tobacco products and/or tobacco paraphernalia. Self-service displays are prohibited. b. Advertising and display of tobacco/tobacco alternative/CBD/CBD alternative products: Tobacco rRetailers shall comply with local, state and/or federal laws regarding sales,  advertising or display of tobacco/tobacco alternative/CBD/CBD alternative products, including, posting a sign prominently near the cash register or other point of sale, the legal age to buy tobacco products and checking the identification of all purchasers to ensure they are of legal age. c. Selling or exchange of tobacco/tobacco alternative/CBD/CBD alternative products: No minor person may sell or exchange tobacco/tobacco alternative/CBD/CBD alternative products. d. Sales to minors: Sampling of tobacco/tobacco alternative/CBD/CBD alternative products by minors shall not be permitted and, therefore, tobacco/tobacco alternative/CBD/CBD alternaitve products shall not be given or sold to minors. e. Advertising (including signage) with tobacco/tobacco alternative/CBD/CBD alternative wording can only be used by retailers with a valid tobacco/tobacco alternative/CBD/CBD alternative conditional use permit. Chapter 15 Section 15.3 – Definition of Terms Add the following definition: Sensitive receptors: Sensitive receptors are children, elderly, asthmatics and others whose are at a heightened risk of negative health outcomes due to exposure to air pollution. The locations where these sensitive receptors congregate are considered sensitive receptor locations. Sensitive Receptor locations may include hospitals, schools, and day care centers, and such other locations as Town Staff may determine. Amend the definition of Tobacco/Tobacco Alternatives Sales Store to read as follows: Tobacco/Tobacco Alternatives/CBD/CBD Alternatives Sales Store: Any retailer that either devotes twenty (20) percent or more of floor area or display area to, or derives seventy-five (75) percent or more of gross sales receipts from, the sale or exchange of tobacco/tobacco alternative/CBD/CBD alternative products and/or tobacco/tobacco alternative/CBD/CBD alternative paraphernalia at the subject location. Town staff shall make the determination as to what products will qualify as tobacco alternatives and CBD alternatives. Ratified this day of , 2024 A.D. Russ Touchberry, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: ___________________ FIRST READING: _____________________ SECOND READING: __ ___________  AN ORDINANCE TO AMEND THE SUMMERVILLE UNIFIED DEVELOPMENT ORDINANCE TO PROVIDE FOR CHANGES TO CHAPTER 9, SECTION 9.3.7, PROHIBITED LIGHTING TYPES, OF THE TOWN OF SUMMERVILLE CODE OF ORDINANCES BE IT ORDAINED by the Mayor and Council members of the Town of Summerville, in Council assembled, that Chapter 9, Section 9.3.7, Prohibited Lighting Types, of the Summerville Unified Development Ordinance are hereby amended as follows: 9.3.7 PROHIBITED LIGHTING TYPES The following types of lighting are prohibited: A. Lasers: Laser source light or any similar high intensity light for outdoor advertising or entertainment that is projected above the horizontal. B. Searchlights: The operation of searchlights for advertising purposes. C. Flashing Lights: Flickering or flashing lights. D. Neon tubes or LED-related neon tubes (flexible, “opaque,” or frosted) are allowed to accent windows in a commercial setting (i.e., a storefront window), but LED light strips are prohibited, especially if LED emitting diodes can be seen. LED light strips are prohibited to outline business signs, buildings, or building elements such as windows, doors, and staircases. DE. Exception: These may be allowed as determined by Town Staff for special event purposes. Ratified this day of , 2024 A.D. Russ Touchberry, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: _____________ FIRST READING: __________________ SECOND READING: ___________________  AN ORDINANCE TO AMEND THE SUMMERVILLE UNIFIED DEVELOPMENT ORDINANCE, CHAPTER 13, SECTION 13.7.2 BUILDING PERMIT, AND SECTION 13.7.3 CERTIFICATE OF OCCUPANCY/OCCUPANCY PERMIT, OF THE TOWN OF SUMMERVILLE CODE OF ORDINANCES BE IT ORDAINED by the Mayor and Council members of the Town of Summerville, in Council assembled, that the Summerville Unified Development Ordinance, Chapter 13, Section 13.7.2, Building Permit, and Section 13.7.3, Certificate of Occupancy/Occupancy Permit are amended to read as follows: 13.7.2 BUILDING PERMIT A. Applicability: A Building Permit shall be required for any building or other structure to be erected, moved, added to, or structurally altered as outlined by the South Carolina Building Code. B. Process Type: Administrative. C. Required Application Information: See Building Official. The application shall include all drawings and specifications required by building codes adopted by South Carolina Codes of Law (SCCL) Section 6-9-50. For permits that do not require a separate stormwater application, a to-scale site plan certified by a registered land surveyor showing at minimum the property boundaries, existing structures (if applicable), location of proposed structures, driveways to existing and proposed structures from public rights-of-way, any other existing or proposed paving, pavers, gravel, etc. with impervious surface percentage, all trees 8” DBH on the property and those trees whose driplines extend into the property, and required setbacks/buffers shall be required for all new structures and building expansions. For building additions/expansions, Town Staff may waive this requirement if deemed unnecessary. D. Certificate of Compliance Required: No Building Permit will be issued except in conformance with a valid Zoning/Development Permit as outlined in Section 13.7.1. Issuance of a Building Permit shall not prevent Town Staff from thereafter requiring correction of errors in plans, construction or violations of local ordinances. E. Determination of Conformity: The review, approval and distribution of drawings and specifications required shall be coordinated by Town Staff in accordance with the building codes adopted by South Carolina Code of Laws Section 6-9-50. Upon issuance of a permit, Town Staff shall endorse by writing or stamp, all sets of drawings showing approval. Such drawings shall be kept at the work site and made available for inspection by Town Staff upon request. Approved Building Permits shall be conspicuously posted by the applicant on the property for which it was obtained until the applicant has obtained Certificate of Occupancy pursuant to Section 13.7.3. F. Public Notification: None required G. Appeals: Appeals of Building Permit applications denied by Town Staff shall be taken to the Master of Equity within 30 days of the decision, in accordance with the procedures found in Section 13.10.2. H. Changes to Approved Permits: 1. After a Building Permit has been issued, no changes or deviations from the terms of the permit or the application and accompanying plans shall be made without the specific written approval of such changes or deviations by the Building Official. Any exterior changes may require review and approval by the appropriate decision-making body. 2. An amendment to a Building Permit that requires payment of an additional fee, either because of an increase in the size of the buildings, a change in the scope of work, or an increase in the estimated cost of the proposed work, shall not be approved until the  applicant has paid the additional fees and the amendment has been properly reviewed by the appropriate decision-making body. I. Notification and Approval Before Construction Begins 1. Before any work begins pursuant to the Building Permit, the applicant shall furnish the Building Official with the name of the general contractors or the owner acting as the general contractor who will be performing the work; 2. The applicant or the applicant’s authorized agent shall provide adequate advance notice to the Building Official at such time as the work is ready for inspection under the Building Code. Upon receiving such notification, the Building Official shall inspect the work. For all residential and commercial projects, a foundation survey certified by a registered land surveyor must be provided at the time of foundation inspection if the approved site plan shows the building will be within 10 feet of a property line for residential properties or 15 feet of a property line for commercial properties. J. Licensed Contractor(s) May Be Required: Where any Town ordinances or provision of the South Carolina Code of Laws requires that work be done by a licensed contractor of any kind, no Building Permit for such work shall be issued unless it is to be performed by such licensed contractor. It shall further be the contractor’s responsibility to conform to all Town ordinances and state building codes for all installations, or repairs of a building or utility system. K. Permit Validity: Any Building Permit shall become null and void unless the work approved by the permit is commenced within 6 months after the date of issuance. No work shall be considered to have commenced for the purposes of this paragraph until an inspection has been made and recorded. If after commencement the work is discontinued for a period of 6 months, the permit shall immediately expire. No work authorized by any permit that has expired shall thereafter be performed until a new permit has been secured. L. Permit Extension: Allowed upon a showing of the applicant of good cause, prior to the expiration per the International Building Code. 13.7.3 CERTIFICATE OF OCCUPANCY/OCCUPANCY PERMIT A. Applicability: A Certificate of Occupancy shall be required for any of the following: 1. Occupancy and use of a building erected or enlarged. 2. Change in occupancy or use of an existing building to a conforming use. B. Process Type: Administrative. C. Required Application Information: See Building Official. D. Public Notification: None E. Issuance of Certificate of Occupancy: A final Certificate of Occupancy shall not be issued by Town Staff until a Zoning/Development Permit or Certificate of Compliance (13.7.1) has been issued for the site or phase thereof in which the building is located and all outstanding Building Code issues have been satisfied. An as-built survey certified by a registered surveyor must be provided prior to final inspection for all new residential and commercial projects and for all residential and commercial additions/expansions of existing buildings. For building additions/expansions, Town Staff may waive this requirement if it is deemed unnecessary. F. Temporary Certificate of Occupancy: Pending the issuance of a permanent Certificate of Occupancy, a temporary certificate may be issued. The certificate shall be issued in conformity with the provisions of the UDO and the building code by the Building Official. The temporary certificate may include such safeguards and conditions as will protect the safety of the occupants and the public. Where improvements required by the UDO or the specific approval of the development are incomplete, a guarantee acceptable to the Town equal to 150% of the costs of such improvements may be required to ensure the installation of the improvements. G. Appeals: Appeals of Certificate of Occupancy applications denied by Town Staff shall be taken to the Board of Zoning Appeals, or Construction & Code Board of Appeals depending on the  nature of the appeal, within 30 days of the decision, in accordance with the procedures found in Section 13.10.2. H. Permit Validity: N/A I. Permit Extension: N/A Ratified this day of , 2024 A.D. Russ Touchberry, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: ___________________ FIRST READING: _____________________ SECOND READING: __ ___________  AN ORDINANCE TO AMEND THE SUMMERVILLE UNIFIED DEVELOPMENT ORDINANCE, CHAPTER 14, SECTION 14.2.4, NOTICE OF VIOLATION, AND SECTION 14.2.5, FAILURE TO CORRECT VIOLATION, OF THE TOWN OF SUMMERVILLE CODE OF ORDINANCES BE IT ORDAINED by the Mayor and Council members of the Town of Summerville, in Council assembled, that the Summerville Unified Development Ordinance, Chapter 14, Section 14.2.4, Notice of Violation, and Section 14.2.5, Failure to Correct Violation are amended to read as follows: 14.2.4 NOTICE OF VIOLATION A. When Town Staff finds and determines a violation of the UDO exists, Town Staff shall may notify, the person violating the UDO, and keep documentation of such notice, including how the notice was provided (in person, email, mail, etc.). It shall be served by personal delivery or certified or registered mail, return receipt requested. The notice shall be mailed to the property address indicated on the county’s official tax notice address of record. Such notification shall serve as a warning notice of a violation. The notice shall should state the following, if applicable: 1. The address and/or TMS number of the land, structure, or sign that is in violation of the UDO. 2. The nature of the violation, the provisions of the UDO being violated, and the necessary action to remove or abate the violation; 3. The date by which the violation should be removed or abated (The time period shall be no less than 10 or no more than 30 days, except in emergency cases); and 4. The penalty for failing to remove or abate the violation, stating that if the nuisance recurs, a notice to appear in the appropriate court will may be issued without further notice. B. If no one is present or refuses to accept the notice of violation, Town Staff shall may post the warning notice on the residence or building entrance. If the land is unimproved, the notice may be placed on a tree or other similar object on the land subject to the violation. Notice may also be provided by email, mail, etc. if contact information is available. C. A written notice containing the same information as the notice delivered or posted on the land shall be mailed to the owner or the owner’s authorized agent, and any other person’s responsible for the violation, by certified mail or registered mail, return receipt requested. 14.2.5 FAILURE TO CORRECT VIOLATION A. If the person(s) to whom a warning notice has been given, fails to remove or abate the violation in the time specified in the notice and severe conditions exist that affect health, welfare, or safety, or cause severe environmental degradation, the Town through Town Staff may lawfully enter upon the land where the violation remains unabated to remove or abate the violation, at the expense of the person(s) responsible for creating or maintaining the violation(s). B. A. Under all other circumstances, iIf the person(s) to whom a warning notice has been given fails to remove or abate the violation in the time specified in the notice, Town Staff may issue a Uniform Municipal Ordinance Summons requiring appearance in the appropriate court. shall fill out and sign, as the complainant, a complaint and information form and a Notice to Appear in the appropriate court. The Notice to Appear shall include the following: 1. Name of the owner of the land subject to the violation, any occupants, and any other person(s) responsible for the violation(s); 2. The address or TMS number of the land on which the violation is occurring; 3. The nature of the violation; 4. The provision(s) of the UDO being violated; 5. The date on which the case will be on the court docket for hearing; and  6. Any other information deemed pertinent by Town Staff. C. B. The original A copy of the Notice to Appear Uniform Municipal Ordinance Summons shall be forwarded to the Clerk of the Court for inclusion on the court’s docket for the date indicated on the notice. D. C. The Notice to Appear Uniform Municipal Ordinance Summons shall be provided to all persons in violation of the UDO by personal delivery or certified or registered mail, return receipt requested to any occupants of the land where the violation is occurring. In addition, Town Staff shall fill out and sign the Notice to Appear as the complainant and deliver the original plus one copy to the Clerk of the Court. The Clerk shall verify or insert the date the case is set for hearing before the court. The Clerk shall mail a copy of the Notice to Appear, by certified or registered mail, return requested, to all person(s) named in the Notice to Appear, at their last known address. D. At the Town’s discretion, if the person(s) to whom a warning notice has been given, fails to remove or abate the violation in the time specified in the notice and severe conditions exist that affect health, welfare, or safety, or cause severe environmental degradation, the Town through Town Staff may lawfully enter upon the land where the violation remains unabated to remove or abate the violation, at the expense of the person(s) responsible for creating or maintaining the violation(s). Ratified this day of , 2024 A.D. Russ Touchberry, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: ___________________ FIRST READING: _____________________ SECOND READING: __ ___________  AN ORDINANCE TO AMEND THE SUMMERVILLE UNIFIED DEVELOPMENT ORDINANCE, CHAPTER 14, SECTION 14.2.4, NOTICE OF VIOLATION, AND SECTION 14.2.5, FAILURE TO CORRECT VIOLATION, OF THE TOWN OF SUMMERVILLE CODE OF ORDINANCES BE IT ORDAINED by the Mayor and Council members of the Town of Summerville, in Council assembled, that the Summerville Unified Development Ordinance, Chapter 14, Section 14.2.4, Notice of Violation, and Section 14.2.5, Failure to Correct Violation are amended to read as follows: 14.2.4 NOTICE OF VIOLATION A. When Town Staff finds and determines a violation of the UDO exists, Town Staff may notify the person violating the UDO, and keep documentation of such notice, including how the notice was provided (in person, email, mail, etc.). Such notification shall serve as a warning notice of a violation. The notice should state the following, if applicable: 1. The address and/or TMS number of the land, structure, or sign that is in violation of the UDO. 2. The nature of the violation, the provisions of the UDO being violated, and the necessary action to remove or abate the violation; 3. The date by which the violation should be removed or abated (The time period shall be no less than 10 or no more than 30 days, except in emergency cases); and 4. The penalty for failing to remove or abate the violation, stating that if the nuisance recurs, a notice to appear in the appropriate court may be issued without further notice. B. If no one is present or refuses to accept the notice of violation, Town Staff may post the warning notice on the residence or building entrance. If the land is unimproved, the notice may be placed on a tree or other similar object on the land subject to the violation. Notice may also be provided by email, mail, etc. if contact information is available. 14.2.5 FAILURE TO CORRECT VIOLATION A. If the person(s) to whom a warning notice has been given fails to remove or abate the violation in the time specified in the notice, Town Staff may issue a Uniform Municipal Ordinance Summons requiring appearance in the appropriate court. B. A copy of the Uniform Municipal Ordinance Summons shall be forwarded to the Clerk of the Court for inclusion on the court’s docket for the date indicated on the notice. C. The Uniform Municipal Ordinance Summons shall be provided to all persons in violation of the UDO by personal delivery. D. At the Town’s discretion, if the person(s) to whom a warning notice has been given, fails to remove or abate the violation in the time specified in the notice and severe conditions exist that affect health, welfare, or safety, or cause severe environmental degradation, the Town through Town Staff may lawfully enter upon the land where the violation remains unabated to remove or abate the violation, at the expense of the person(s) responsible for creating or maintaining the violation(s). Ratified this day of , 2024 A.D. Russ Touchberry, Mayor  Beth Messervy, Town Clerk PUBLIC HEARING: ___________________ FIRST READING: _____________________ SECOND READING: __ ___________