STATE OF SOUTH  CAROLINA               )

                                                                        )            ORDINANCE NO.  10-30-07

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  ONE AND 78/100 (1.78) ACRES, DESIGNATED AS TMS PARCEL NO. 337-3-5, FROM GENERAL RESIDENTIAL (RG) TO LIMITED COMMERCIAL (LC).

 

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 One and 78/100 (1.78) acre tract, located at 11489 SC Highway 121 from General Residential (RG) to Limited Commercial (LC).   The Planning Staff found that the property is adjacent to a general commercial use to the southwest of this property, and that there are other activities similar to the proposed use in the area.  The existing use of the property is for both residential and home-based occupation uses, while the proposed activity will be a combination of a residential use and use as professional office for the practice of Chiropractic medicine.  The existing home-based occupation cannot be changed to a professional medical office without a change in zoning. The quiet nature of the proposed enterprise, the existence of commercial activity next door to this site, the continued residential uses on the site, and the increased traffic flow on Highway 121 due to its recent widening, should result in no negative impact on the neighborhood from this change in zoning use, 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 01-09-18-07, considered this request at its meeting held on September 18, 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 home occupational use of the property to be changed to a home-based professional office for the practice of Chiropractic medicine, which could not be done under the RG classification. This change will conform the proposed use of the property with current zoning regulations and will allow growth and the minimal impact of the proposed limited 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 one and 78/100 (1.78) acre tract designated as TMS No. 337-3-5.

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 application relating to the property known as TMS No. 337-3-5, located at 11489 SC Highway 121, to amend the Zoning Map to rezone this property, containing approximately one and 78/100 (1.78) acres, from Residential (RG) to Limited Commercial (LC):

A.             That the amendment promotes the implementation of the Comprehensive Plan.

B.              The proposed amendment is needed because the proposed change of the home-based occupation to a professional office for the practice of Chiropractic medicine cannot be accomplished under the General Residential (RG)  classification but can be under the Limited Commercial (LC) classification.

C.              The proposed amendment should have no negative impact on the adjoining property, on the general neighborhood, or on the orderly growth and development of the community, but will continue to provide both continued residential use of the property and the development of a low-impact home-based profession, which requires that the zoning be changed to Limited Commercial (LC).

NOW, THEREFORE, BE IT ORDAINED that:

                        1.            Newberry County Council hereby accepts the recommendation 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 one and 78/100  (1.78) acres, and designated as TMS No. 337-3-5, located at 11489 SC Highway 121, from General Residential (RG) to Limited Commercial (LC).

            AND IT IS SO ORDAINED by Newberry County Council this 14th day of

 

November, 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:            October 3, 2007                      Reviewed and approved as to form:

Public Hearing: October 17, 2007                _____________________________

2nd reading:            October 17, 2007                    Gary T. Pope, County Attorney

3rd reading:            November 14, 2007                _____________________________

Wayne Adams, County Administrator