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MINUTES
PUBLIC HEARING

COTTAGEVILLE MUNICIPAL COMPLEX
MONDAY, JUNE 29, 2009
7:00 P.M.

Mayor White called the meeting to order, and led the Pledge of Allegiance.

Members present were Mayor White, Council Member Thomas, Council Member Cook and Council Member Strickland.

The following takes place in open session.
ATTESTATION

Page        Line        Change/Correction        Reason

Minutes approved: ______________

_________________________
Terri Crosby, Town Clerk

MAYOR WHITE:     Good evening.
This is the public meeting for zoning.  I want to say a few things before we get started.
I think zoning is looked at one of the biggest negatives for the town.  It is one of the most time consuming for everyone involved.  Zoning does give power to the town but along with the power it also gives the ability to protect the land and its homeowners.
Your home is one of the most important things to you and I don’t think anyone wants an eyesore next to them. You wouldn’t want to put something next to you that will negatively affect the value of your property.
A developer at this time has the power to do whatever they chose to do.  Our old ordinances will not held up under legal review.  This is not a scare tactic; it’s the truth.  We have tried to change some of the most objectionable points of this ordinance.  The planning commission has asked for input at every planning and every town council meeting.
I’ve asked for input and asked for concerns at meeting and workshop. I’ve got some negative news articles in the town paper but we still haven’t had a lot of direct input.
One of the biggest items is home-based businesses.  We’re not trying to prevent any home-based business; we encourage it.  We, as the town, receive revenue from it and business license fees and local option sales tax but a business needs to be a good neighbor and it needs to fit into it’s surrounding.
My plan is this.  Tonight we’ll hold a public hearing.  You can voice your concerns about zoning.  I will not allow any attacks against anybody in this room.  I will call you to order or have you removed. Remember, it’s about zoning, not about individuals.
You’ll have three minutes to do so orally and at most meetings, there’s a clip board; you can write down your objection so we can address them.
We do want to get input from everybody that is concerned. A statement that you don’t like zoning is not workable. That’s not gonna help any of us.  Please be specific in your concerns.  After tonight changes will be made.  A new draft copy will be made for review.  The first reading is July 13.  There are a lot of uncontrolled copies floating around town.  Please make sure you have one from the town office after the changes have been made.
We have been working on this for quite awhile.  I am not trying to jam this ordinance down anyone’s throat but it’s some people would have you believe that this is the case.  I want to have it as correct as it can be before it is approved.  But after it’s approved we will still have the option and provision to make changes to that ordinance.
The latest changes that are made is the — The first one is the zoning map.  I tightened up the commercial lines and removed the downtown commercial area which was very restrictive, in the center part of town.
And, also, on the map I removed the proposed annexation areas. We don’t have any plans to annex outside of the town limits at this time because, really, we don’t have any services to offer.
Changes to the requirements concerning a home-based business in a residential area.  Definitions have been added for grandfather and nonconforming use.  Grandfather, they added in there a 10-year limit and we removed the 10-year limit.  What is here is here and basically grandfathered at that point.
Now, nonconforming use.  If you are outside of the commercial area and you’re operating a commercial enterprise, if that business closes or you move away it will not be allowed to go back and you cannot change that to another nonconforming use.
There have been changes made for notification of a violation which was a concern.  We give you 30-day written notice to go ahead and get back in touch with us and then at that time you’ll be charged with a misdemeanor for a violation of the zoning ordinance.
The old zoning ordinance, they strictly had in there that you would be cited and that’s basically the same wording except we do, we do give you 30 days to try to get this matter resolved.
And that’s really about it.  Before we go into public participation I’ll also give you some of the other changes.  I’ll just flip through the zoning ordinance kind of quickly and give you some of the other changes that we have made.
As I said, we added a couple of definitions which is, well, the first one under Definitions and Rules of Construction is that the town administrator slash mayor refers to the overall administration, administration of this document.  We don’t have a town administrator right now but if we did, at one time we had Charles Williams here.  He would’ve been the administrator of the document but since he’s not here I’m the administrator of the document.  So that way one or the other will have control of it.  This document had town administrator throughout.
COUNCIL MEMBER THOMAS:     What page is that?
MAYOR WHITE:     That is on page 2, Grandfather clause.  This was added.  It was in the statute or zoning ordinance which permits the operation of the business or landowner to be exempt from the use of their business or property continues to be used as it was when the law was adopted.  Upon passage of the statute or regulations specific property may be resumed as — or may be referred to as grandfathered in.  Example, the city passes an ordinance which does not permit retail businesses in a particular zone but any existing store can continue to function in the area even with the new owners; however, if the premise stops being a retail outlet, then the grandfather clause will lapse.
I’ll try to go through these quickly.
One other one is I’ve seen and this deals with signage.  I’ve seen it’s offensive to decency containing or being — containing or being language regarded as taboo and polite usage.
Okay.
This is on page 12.  Any changes that are made by ordinance that must be adopted within two readings.  The ordinance needs to be included in the zoning ordinance. That way we’ll know who actually made the change, who required it and that ordinance will become part of this document.
We took away some of the powers of the planning commission which are administering permits and fee collection.  That’s done by the town clerk and also by the building inspector.
Processing applications for rezoning.  Processing applications for variance and special exemptions and maintaining the official zoning map.  All those points were removed.
Under section 2 2, Building and Code Enforcement, there again we have instead of just building and zoning official it’s building slash code enforcement and that’s who it will be referred to through the rest of this document.
This was the other point I was talking about, Violation of an Ordinance.  Any person violating any provision of this ordinance after 30 days with written notification from the town shall be found guilty of a misdemeanor and upon conviction shall be fined as determined by the court for each offense.
This was under manufacturing home for use for a construction office and commercial and residential. It’s for a period not to exceed one year.
Also under Garage and Yard Sales, it’s limited to three consecutive — limited to three consecutive days and shall not be — and shall be limited to four permits a calendar year.  We had it at three permits.  It’s actually South Carolina Code of Laws which says you can have four.
We added a fee schedule in section 3.9.3.
The map on 25, that is a proposed map over there which shows the commercial area.  The light industrial area and the remainder would be residential.
Schedule Fees, Zoning, Appeals Application, a hundred dollars.  Rezoning application for residential, a hundred and fifty; commercial would be 200.  Application for variance would be a hundred; sign permit 25 and tree permit 25.
Under lot sizes.  All lots shall meet the minimum size requirement listed within the relevant zoning district.  Right now per DHEC requirements it’s .7 acres and that’s what it will stay within this zoning ordinance.  Seven-tenths of an acres.
We don’t have sewer or water so, you know, that’s pretty much the minimum lot size.
It says flag lots are not permitted.  New flag lots are not permitted because if you look at the zoning map, there’s a lot of flag lots in Cottageville.
Under the sign section 4.6.10, No signs can contain obscene lettering or symbols.
Under the residential district, we changed minimum lot size there to seven-tenths of an acre.  Changed the sign, the home occupation signs from one unlighted sign less than two square feet to eight square feet.
We basically included under home occupations and the list of the following retail businesses.  The retail businesses and the service businesses were taken from the list out of the old zoning ordinance.  The only one that was not included which
is — more or less should be in a commercial area is the — is a storage area.
Under commercial districts, we did away with the downtown commercial district.  This is — Actually, it goes — We’re gonna go from page 43 and we’ll move to page 56 but basically it will go to a highway commercial which is — which is covered from 56 right on through.
Covered signage areas, buffer areas, right on to page 63, industrial district.  We have a very small industrial district right now which is in the purple area which is the old sawmill property.
And that’s really, at this time all the changes other than a good many typo changes and that is about it.  So at this time I’ll go ahead and go to public participation.  I’ll go ahead and call you.                  Please come — When I call you please come to the podium, state your name because we are recording it.  We don’t have a court reporter this evening and we’ll go ahead and get your comments.
Thank you.
You’ll have three minutes for your comments.
First one is Brad Capshaw, zoning.
MR. CAPSHAW:     I’m Brad Capshaw.
I wrote one of those articles that you was talking about.  I wrote one of the articles in the newspaper and I hacked off a lot of people.  My problem is not with an individual; my problem is we the document.
Although having said that, I find the document to be basically sound and in some ways less restricted than if you want, say . . . (inaudible).  It has its good points.
Going back to the document, the argument is the document and I listened to the members of the commission and the council go back and forth and it sounds pretty good but it does not sound always like what’s in the document so I would encourage y’all to keep in mind what you are voting on is a document, not what you think.  It says what it says and it means what it means so we need to be careful.  That’s the first thing.
What — The changes that you’ve mentioned sound exactly right.  I think there’s some good work being done here and I’m very, very pleased.
Part of the reason you would want to make sure this zoning will affect revenue stream or too small, got 707 people, 404 electors and only got 250 households.  You can’t jack your property tax up high enough to hire . . . (inaudible).  You need this revenue and you need to do that probably to home-based businesses.  So anything you can do to make sure that that happens is a plus for the town going forward and, there again, the work’s being done.  I’m very, very happy with what I’m hearing.
I was talking to Miss Hardwick about this and she said, well, how will this affect you and I really wasn’t at liberty to say.  I’ve landed a part-time job working about two days a week and be honest, I need the $12,000 a year.  I’m a US auto worker and I’m not UAW.  I work three weeks and I get laid off every fourth week.  I’ve got a wife and two kids and I need the money.  Under the way this was written, where you could not have an outside employee, I really don’t know what I would do because I’m kind of in the home repair.  There was a restriction on that.  So anything you can do to encourage to home business, thank you very much.  That’s definitely a winner.
I went online to FindLaw.com.  There’s no restrictions that I could find in South Carolina statute and as far as church activities, the state says you cannot prohibit church activities in your home but it expressly defines that as not having scheduled worship services.  Now, we just moved out
of . . . (inaudible) and we were having regularly scheduled worship services in our home but I promise you, my worship service is no more of an intrusion traffic wise than your Friday-night poker game.  So I don’t really see the need to restrict it.
Also, regarding churches in residential district, you can have a country club but you can’t have a church in a residential district and I would submit to you that my church would have less traffic than your country club.  So there’s really — There ought to be a sameness about this.
Last thing, there’s no restriction against a strip club and you need one.  Other than
that . . .
MAYOR WHITE:     George Addison, zoning.
MR. ADDISON:     My name is George Addison.  My name is George Addison and I also agree with Brad that a lot of the changes are very good and — but one thing that really concerns me, and I went to town hall this week to look at a copy of the zoning ordinance and I downloaded one off online and they told me I could review it there but they already told me it was no changes and so I don’t know where all these changes came from last minute and I see the council is scrambling trying to find the changes that we’re just talking about.  And so is it the entire zoning district, downtown zoning and apparently that’s been done since Monday or Tuesday and so I ask the council please don’t vote on this thing; you need more time to work out all the details.  There’s no urgency to pass it in the next week or two. And so this is a very complicated document.  Thing’s gonna have a lot of affect on a lot of people in bad times and so there’s no rush to pass this thing and get it through.  Everybody should be careful.
I thank you.
MAYOR WHITE:     Mary Ruth Sisk.
MS. SISK:     My question’s been answered.
MAYOR WHITE:     Jimmy Ramsey.
MR. RAMSEY:    Thank you.
My name is Jimmy Ramsey.
As you well see tonight, you have addressed several of the holes in this document.  I appreciate that and I request that you look forward in to this document before you vote on it, pass it because I still see several holes in it and I, I would like time to again come up here and access this document after the changes have been implemented and look over it before you take the final vote on it.  I think — I think that’s important to give the people in the community.
I also would ask you to maybe think about on the planning commission as far as the delegates on the planning commission, let’s, let’s put the ones in there now in effect but let’s also make them an elected official like our council and have them run for the office of being on the zoning commission.  That way you’re giving everybody in the community a chance to participate; you’re making it fair across the board.
And I also ask, mayor, that, not saying that your judgement’s poor or anything like that, but let’s not leave this document to one person.  Let’s let the person that has to respond be persons.  Let’s let it come before town council where, where it’s three or four people, five people voting on this.  Let’s, let’s don’t leave it down to one person’s judgement as the final say as whether it’s yes or no on a variance or anything like that. That way it gives the town a better appearance that things be doing level across the board.  I’m not saying anybody’s doing anything illegal or anything but it just gives a better appearance.
And I appreciate it.
MAYOR WHITE:     Thank you.
Dr. J. Barton (phon.)
DR. BARTON:    Hi, folks.  John Barton.
First thing I wanted to comment on was availability of this town ordinance to be reviewed by the folks.  Apparently current additions of it are not available online.  A lot of folks that I’ve been speaking with that don’t work in town, some will be — are gone for several days at a time and so they don’t — They aren’t, aren’t able to review the documents and get back to council members like they’d like to.  If we could create a way where, A., the document is available online.  If it’s typed up somewhere it’s probably done electronically which means it would be very easy to put it online and create some sort of way like e-mail or whatever where people could do what we’re doing now in giving our responses to the ordinances and so forth, make contributions.  If we could streamline that process a little bit so it would be easier for interaction between the citizens and the council, that would really help the effectiveness of the — of the ordinances and make it more common sense, so forth.
That’s all on that topic.
The only other thing I wanted to ask about was that we do include something regarding — an ordinance regarding — I’m sure some of us have heard about mosquito problems and that is a, not just a nuisance but also a very real health hazard and we definitely need a tool for addressing that in the town.
I’d like to thank you for your time.  Have a good day.
MAYOR WHITE:     Thank you.
Glen Bucket (phon.).
MR. BUCKET:    Thank you, mayor.  My question’s been addressed.
MAYOR WHITE:     We will go ahead and I will make provisions and let the people in the town know at the next town meeting how, once these changes are made or incorporated in this document so y’all can go ahead and review it.  And I’ll also have some type of provision and go ahead and make comments about that document, also.
We do — As Mr. Addison was saying, we don’t want to rush in to this thing.  We want a document that we can all use, that will be beneficial to all the homeowners and it is important that we have a good zoning document but, anyway, that’s, that’s all I have for public participation and there’s nothing else I’ll go ahead and call the meeting to a close.
Thank you.
– MEETING ADJOURNED AT 6:30 P.M. –

I, the undersigned Donna Hartley, Official Court Reporter and Notary Public, do hereby certify that the foregoing is a true, accurate and complete transcript of record of all the proceedings had at the Town Council zoning ordinance workshop for The Town of Cottageville, South Carolina at Cottageville Municipal Complex on Monday, June 15, 2009.
I further certify that I am neither of counsel nor kin to any person attending this meeting nor am I interested in any manner of its outcome.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this twenty-seventh day of June, 2009.

Notary Public for South Carolina
My Commission Expires April 23, 2017