STATE OF SOUTH  CAROLINA            )

                                                            )                       ORDINANCE NO. 05-17-07

COUNTY OF  NEWBERRY                 )

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP ESTABLISHED PURSUANT TO ZONING ORDINANCE NO.  12-24-01 SO AS TO REZONE A TRACT CONTAINING APPROXIMATELY TWO (2) ACRES,  DESIGNATED AS TMS PARCEL NO. 359-11,  FROM RURAL (R-2)  TO GENERAL COMMERCIAL  (GC).

 

WHEREAS, Zoning Ordinance No. 12-24-01 establishes zoning classifications and districts, as well as an Official Zoning Map; and

WHEREAS, Zoning Ordinance No. 12-24-01 provides procedures for the amendment of both the text of the Ordinance and the district boundaries shown on the Official Zoning Map; and

WHEREAS, pursuant to the procedures established by the Zoning Ordinance, an application was made to rezone a two  acre (2) acre tract,  located at 502 SC Highway 395 near Kempson’s Ferry Bridge, commonly known as Lakeview Store, from Rural   (R-2) to General Commercial (GC).   The Planning Staff found that the property is already developed and consists of an established commercial business known as Lakeview Store.  The adjacent property is zoned R-2 Rural, and is a low density rural area.  The existing commercial business can not be expanded into providing  min-warehouse storage spaces without the requested zoning, and due to the existing commercial nature of the property and the need for storage units in the area,  the change should have no negative impact on the neighborhood or on the implementation of the Comprehensive Plan.  The Planning Staff recommended the approval of the zoning change. 

WHEREAS, the Newberry County Joint Planning Commission, in case number MA 01-04-17-07, considered this request at its meeting held on April 17, 2007.  The Planning Commission concurred with the Staff Report on the proposed change and determined that the proposed map amendment did promote the implementation of the Comprehensive Plan, and that the change was needed to allow the existing use of the property to expand, which could not be done under the R-2 classification. This change  will conform the proposed use of the property with current zoning regulations and will allow growth and development of the commercial activity on the property.  The Commission further determined that the change would have a positive impact on the community, and approved the proposed rezoning request for the two  (2) acre tract designated as  TMS No. 359-11.  The Planning Commission recommended its approval by Newberry County Council, and the Commission has forwarded its report on the rezoning request to Newberry County Council, as required by law; and 

 WHEREAS, The Newberry County Council makes the following findings as to the merits of the rezoning request for this property located at 502 SC Highway 395, Newberry, SC   29108, to rezone this property, containing approximately two acres, from Rural (R-2) to General Commercial (GC):

A. That the amendment does not interfere with the implementation of the Comprehensive Plan, because the use of the property is a continuation of a pre-existing commercial use, and that the use is consistent with the development of the Comprehensive Plan, and makes no change in the actual use of the property for commercial purposes. 

B. The proposed amendment is needed because the proposed expansion of the pre-existing commercial activity cannot be accomplished under the Rural (R-2) classification but can be under the General Commercial (GC) classification.

C. The proposed amendment should have a positive impact on the adjoining property, on the general neighborhood, and on the orderly growth and development of the community, and the proposed expansion of the use of the property requires a General Commercial (GC) classification.

NOW, THEREFORE BE IT ORDAINED THAT:

            1. Newberry County Council hereby accepts the recommendations of the Newberry County Joint Planning Commission that the rezoning request be granted.

            2. Newberry County Council directs the Zoning Administrator to amend the Official Zoning Map to rezone this property, containing approximately two  (2) acres, and designated as TMS No. 359-011, located at   502 SC Highway 395, Newberry, SC 29108 from Rural (R-2) to General Commercial (GC).

AND IT IS SO ORDAINED by Newberry County Council this 6th day of June, 2007 in meeting duly assembled at Newberry, South Carolina.

 

                        NEWBERRY COUNTY COUNCIL

            (SEAL)

By:__________________________

      Henry B. Summer, Chairman

Attest:

______________________________________

Susan C. Fellers, Clerk to Council

 

1st reading: May 2, 2007 Reviewed and approved as to form:

Public Hearing:  June 6, 2007 _____________________________

2nd reading: May 16, 2007 Gary T. Pope, County Attorney

3rd reading: June 6, 2007 _____________________________

Wayne Adams, County Administrator