5.04.080   Building code adopted.

For the purpose of establishing rules and regulations for the construction, alteration, use, demolition and removal of buildings or other structures, or any appurtenances connected or attached thereto, there is adopted the edition of the International Building Code, which shall be the most recently adopted by the South Carolina Building Codes Council, and the whole thereof, except the portions as are hereafter deleted, modified or amended, a copy of which has been and is now filed in the office of the fire chief and which is adopted and incorporated by reference as fully as if set out at length herein, and the provisions thereof shall be controlling as to all subjects therein contained, within the corporate limits, except that in the event that any of the provisions are in conflict with other provisions of this code, state law or ordinances, rules or regulations, the provisions of this code, state law or ordinances, rules or regulations shall prevail and be controlling.

(Ord. O-17-95 § 1 (part), 1995; Ord. O-10-93 § 4 (part), 1993; Ord. 10-92, 1992; prior code § 5-1-11)

(Ord. No. O-14-13, 11-21-2013)

*  For provisions regarding housing code, see Section 5.04.340 of this code.

5.04.090   Plan checking fees.

When a plan is required to be submitted by the building code, a plan-checking fee shall be paid at the time of submitting plans and specifications for checking. Said plan-checking fees shall be paid at the rates of one-half of that fee computed for a building permit. In addition, a one hundred fifty dollar fee shall be assessed to all plans and specifications submitted for review.

(Ord. O-17-06, 2006)

5.04.100   Occupancy permits.

(a)

No building or portion of a building in the city not already so used shall be used as a church, school, hotel, office building, store building or other place of business without a permit to be issued by the building enforcement administrator.

(b)

In buildings or portions of buildings used for office occupancies, the owner, agency or lessor is required to submit in writing to the building department the names, addresses and office space identification of all new office occupants to whom space is rented or leased within five days of the signing of such lease or rental agreements. However, no fees will be charged for occupancy permits issued to governmental agencies.

(Prior code § 5-1-13)

5.04.110   Setback requirements.

Notwithstanding any other requirements or provisions, all setback requirements shall be governed by the Travelers Rest zoning ordinance in effect.

(Ord. 09-89, 1989)

5.04.120   Board of adjustments and appeals created.

There is established a board to be called the board of adjustments and appeals which shall consist of five members. The said board shall be appointed by the municipal council for the city of Travelers Rest.

(Ord. O-05-05, 2005; Ord. 02-90 (part), 1990)

5.04.130   Vacancies—Removed, compensation.

The term of office of appointed members shall be for three years and until their successors are appointed and qualify. Any vacancy in membership shall be filled for the unexpired term by the mayor, who shall also have the authority to remove any member for cause, on written charges, after a public hearing. All members shall serve without compensation but they may be reimbursed for actual expenses incurred in connection with their official duties.

(Ord. 02-90 (part), 1990)

5.04.140   General powers and duties.

The board shall have all the powers, duties and responsibilities set forth in any applicable section of the South Carolina Code of Laws. Generally:

(a)

Appeals.

(1)

General. Whenever the building official shall reject or refuse to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building or structure, or when it is claimed that the provisions of the city's building code do not apply, or that any equally good or more desirable form of installation can be employed in any specific case, or when it is claimed that the true intent and meaning of said code or any of the regulations thereunder have been misconstrued or incorrectly interpreted, the owner of such building or structure, or his duly authorized agent, may appeal from the decision of the building official to the board of adjustments and appeals. Notice of this appeal shall be in writing and filed within ninety days after the decision is rendered by the building official. Appeals shall be on forms provided by the building official.

(2)

Unsafe or Dangerous Buildings. In case of a building or structure which, in the opinion of the building official, is unsafe or dangerous, the building official may, in his order, limit the time for such appeal to a shorter period.

(b)

Decisions.

(1)

Variances. The board of adjustments and appeals, when so appealed to and after a hearing may vary the application of any provision of said code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of the city's building code or public interest, or when, in its opinion the interpretation of the building official should be modified or reversed.

(2)

Action. The board of adjustments and appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board of adjustments and appeals shall also include the reasons for the decision. If a decision of the board of adjustments and appeals reverses or modifies a refusal, order or disallowance of the building official, or varies the application of any provision of the building code of the city of Travelers Rest, the building official shall immediately take action in accordance with such decision.

(3)

Decisions Are Final. Every decision of the board of adjustments and appeals shall be final, subject however to such remedy as any aggrieved party might have at law or in equity.

(Ord. 02-90 (part), 1996)

5.04.150   Stormwater runoff.

(a)

Beginning with the effective date of the ordinance codified in this section, no building permit shall be issued and no building other than an accessory building shall be erected on any lot hereafter created in the city of Travelers Rest unless such lot is part of a residential subdivision, commercial/industrial subdivision, group residential or commercial development, or individual nonresidential development having an approved drainage plan which demonstrates that the rate of runoff measured in cubic feet per second prior to the land distribution activity. The provisions of the ordinance codified in this section shall not apply to agricultural land management and practices, or to the construction of on-farm buildings and structures used in farming operations or to the construction of single-family residences or their accessory buildings which are not a part of a residential subdivision nor such provisions apply to emergency repairs or maintenance of existing structures and facilities which require ground to be broken.

The provisions of the ordinance codified in this section shall be complied with by submitting to the Greenville County engineer or other agent for the city of Travelers Rest a drainage plan consistent with the county engineering department's drainage design and specification requirements. In cases where other ordinances or regulations require the submittal of a drainage plan, e.g., subdivision regulations, group commercial and industrial development, etc., the required drainage plan may be one in the same. In addition to satisfying the technical requirements of the county engineer's design and drainage design specifications, it shall also include a maintenance agreement which sets forth the responsibility of current and future land owners to maintain the approved drainage systems to the extent that they are kept operational and free of obstacles such as trees, buildings, fences, etc.

(b)

Violations and Penalties. The owner or agent of the owner of the property whose land is being disturbed within the municipal limits of the city of Travelers Rest who violates the provisions of the ordinance codified in this section shall upon conviction be fined not less than ten dollars or not more that two hundred dollars for each conviction. Each day of violation shall constitute a separate offense.

Nothing contained herein shall prevent the city from taking such other lawful action as is necessary to remedy any violation of the ordinance codified in this section.

(Ord. 08-91, 1991)