STAFF REPORT TO THE FLORENCE COUNTY BOARD OF ZONING .
STAFF REPORTTO THEFLORENCE COUNTY BOARD OF ZONING APPEALSTUESDAY, FEBRUARY 16, 2021BZA#2021-01SUBJECT:An appeal by Buc-ee’s South Carolina, LLC fromrequirements of the Florence County Code of Ordinances,Chapter 30 - ZONING ORDINANCE, ARTICLE V. –SIGN REGULATIONS, Sec. 30-202. – Signs on privateproperty, for property located at 3390 North WillistonRoad, Florence, SC 29506 as shown on Florence CountyTax Map No. 00202, Block 01, Parcel 079.LOCATION:3390 N. Williston Rd., Florence, SCTAX MAP NUMBER:00202, Block 01, Parcel 079COUNCIL DISTRICT(S):7; County CouncilOWNER OF RECORD:Buc-ee’s South Carolina, LLCAPPLICANT:Buc-ee’s South Carolina, LLCLAND AREA:Approximately 29.275 acresAPPEAL REQUESTED:The request includes a variance that would allow theproperty owner to have one additional building sign.STAFF ANALYSIS:Existing Land Use and Zoning:The subject property is proposed commercial and zoned B-3.Surrounding Land Use and Zoning:North:Vacant/B-3/Florence CountySouth:Commercial/Unzoned/Florence CountyWest:Vacant/RU-1/Florence CountyEast:Vacant/B-3,Unzoned/Florence CountyBackground:The request includes a variance that would allow the property owner to have one additionalbuilding sign. This would allow a total of 3 building signs, contrary to the maximum of 2 allowedper the Florence County Ordinance, if granted.Per the Florence County Zoning Ordinance, Chapter 30 - ZONING ORDINANCE, ARTICLE V. –SIGN REGULATIONS, Sec. 30-202. – Signs on private property., a maximum of 2 building signsare permitted in a B-3 zoning district.
Access and Circulation:The property is currently accessed by way of N. Williston Rd., Florence, SC.Sec. 30-293. – Board of zoning appeals (c)Powers of board of appeals; variances; special exceptions; remand; stay; hearing; decisions andorders. The board of appeals has the following powers:(1)To hear and decide appeals where it is alleged there is error in an order, requirement,decision, or determination made by an administrative official in the enforcement of thezoning ordinance;(2)To hear and decide appeals for variance from the requirements of the zoning ordinancewhen strict application of the provisions of the ordinance would result in unnecessaryhardship. A variance may be granted in an individual case of unnecessary hardship ifthe board makes and explains in writing the following findings:a.There are extraordinary and exceptional conditions pertaining to the particularpiece of property;b.These conditions do not generally apply to other property in the vicinity;c.Because of these conditions, the application of the ordinance to the particularpiece of property would effectively prohibit or unreasonably restrict theutilization of the property; andd.The authorization of a variance will not be of substantial detriment to adjacentproperty or to the public good, and the character of the district will not beharmed by the granting of the variance.The Board of Zoning Appeals is to review questions (a,b,c,d) and use them to determine the findings offact to make their decision.VARIANCE REQUEST:1. Applicant hereby appeals to the Board of Zoning Appeals for a variance from the strictapplication to the property described in the Notice of Appeal [Form 1] of the followingprovisions of the Zoning Ordinance:Applicant’s response:Article V; Section 30-202; Table VIII Number of Building Sign; Maximum of 2.so that a zoning permit may be issued to allow use of the property in a manner shown on theattached plot plan, described as follows:Applicant’s response:One additional sign; see attached planfor which a permit has been denied by a zoning official on the grounds that the proposal wouldbe in violation of the cited section(s) of the Zoning Ordinance.
2. The application of the ordinance will result in unnecessary hardship, and the standards for avariance set by state law and the ordinance are met by the following facts.a. There are extraordinary and exceptional conditions pertaining to the particular piece ofproperty as follows:Applicant’s response:The building is located on a parcel that fronts three (3) public right of way: I-95 to thesouth, Foundation Blvd. to north, and Williston Rd to the west.b. These conditions do not generally apply to other property in the vicinity as shown by:Applicant’s response:There are no comparable properties on the north side of I-95.c. Because of these conditions, the application of the ordinance to the particular piece ofproperty would effectively prohibit or unreasonably restrict the utilization of the property asfollows:Applicant’s response:Building signage serves to identify the property to the public traveling on a publicright of way of which this property has three. A maximum number of two buildingsigns would prohibit the property having identification to each public right of way.d. The authorization of the variance will not be of substantial detriment to adjacent property orto the public good, and the character of the district will not be harmed by the granting of thevariance for the following reasons:Applicant’s response:To the contrary, this property serves as an anchor to new development in the regionand is expected to be integral to economic growth, the creation of jobs, and futuredevelopment in Florence County.Sec. 30-293 (c, 2, d) Board of Zoning AppealsThe board may not grant a variance, the effect of which would be to allow the establishment of a usenot otherwise permitted in a zoning district, to extend physically a nonconforming use of land or tochange the zoning district boundaries shown on the official zoning map. The fact that property may beutilized more profitably, if a variance is granted, may not be considered grounds for a variance.ATTACHMENTS:1. Zoning Map2. Aerial Map3. Site Plan submitted by the applicant
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FLORENCE COUNTY BOARD OF ZONING APPEALS2021 MEETING SCHEDULETUESDAYS @ 6:30 PMCOUNTY COMPLEX180 N. IRBY STREET, FLORENCE, SC 29501ROOM 803 – COUNTY COUNCIL CHAMBERSDEADLINE: 3rd TUESDAY OF PREVIOUS MONTH3RDMEETING DATESTUESDAY OF EACH MONTHDEADLINE FOR ALL ITEMSREQUESTING APPEARANCE ON ARESPECTIVE AGENDAJANUARY 19, 2021DECEMBER 15, 2020FEBRUARY 16, 2021JANUARY 19, 2021MARCH 16, 2021FEBRUARY 16, 2021APRIL 20, 2021MARCH 16, 2021MAY 18, 2021APRIL 20, 2021JUNE 15, 2021MAY 18, 2021JULY 20, 2021JUNE 15, 2021AUGUST 17, 2021JULY 20, 2021SEPTEMBER 21, 2021AUGUST 17, 2021OCTOBER 19, 2021SEPTEMBER 21, 2021NOVEMBER 16, 2021OCTOBER 19, 2021DECEMBER 21, 2021NOVEMBER 16, 2021
South: Commercial/Unzoned/Florence County West: Vacant/RU-1/Florence County East: Vacant/B-3,Unzoned/Florence County Background: The request includes avariance that would allow the property owner to have one additional building sign.This would allow a total of 3 building signs, contrary to the maximum of 2 allowed per the Florence County .
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