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Kershaw County Council delays airport overlay vote after residents raise zoning, property-rights concerns

2112582 · January 14, 2025
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Summary

Council moved the public hearing and first reading on the proposed Airport Overlay District to the council meeting on Jan. 28 after multiple residents and stakeholders raised concerns about land-use restrictions, potential takings and the lack of a project cost-benefit analysis.

Kershaw County Council on Jan. 14 agreed to remove the public hearing and first reading on the proposed Airport Overlay District (AOD) from the meeting agenda and reschedule both items for the council’s second January meeting, citing the need for additional exhibits and input from the South Carolina Aeronautical Commission.

The move came after several residents from the Red Fox Road/Dicey Creek area and other stakeholders used the public-comment period to press the council for changes to the draft overlay that they said would limit traditional equine uses, reduce property values and allow the county to acquire homes in Zone A.

Resident Holly Hock told the council that the county had spent money pursuing an FAA grant without first producing the required cost-benefit analysis. “The FAA AIP requires you to provide a cost benefit analysis for any capital expenditure over $5,000,000,” Hock said, and said the county’s consultant RFQ describes a $22,000,000 Woodward Field improvement project. Hock asked the council to table the AOD until a cost-benefit analysis is provided.

Resident Alyssa Stahl said she and her family bought a 22-acre horse farm in 1978 and worry the draft AOD would treat lands that temporarily lack horses as “abandoned.” “If the ordinance passes with its current restrictions, we will be considered non conforming,” Stahl said, adding that rebuilding a barn damaged by storm or fire could be blocked if more than 50% of the structure were destroyed.

Other commenters, including Lynn Conteau and Ted Brunson, urged clearer language for pasture, paddock and grazing terminology, grandfathering for existing equine operations, and continued community engagement. Conteau described the 365-day rule for determining “abandonment” of equine uses as a particular concern for buyers who might not move onto purchased land immediately.

Council members and staff said they want more time to incorporate feedback and additional technical exhibits from the South Carolina Aeronautical Commission. County Administrator Danny Templer said staff has held community meetings and will continue outreach before the next council hearing. Councilman Tomlinson and other members said a slate of amendments is being drafted and will be considered on second reading.

The council’s decision to postpone followed a motion at the start of the meeting to remove Item 7(a) (the public hearing) and Item 9(a) (first reading) from the agenda and refile them for the Jan. 28 meeting so the commission’s input and additional exhibits can be distributed to the public.

Council members said they intend to hold additional community engagement sessions, including post-reading meetings to explain any amendments and their consequences for property owners. Staff committed to notifying residents directly and via public notices about follow-up meetings before the AOD’s next appearance on the agenda.

Why it matters: the AOD would place new land-use restrictions near Woodward Field, an asset county leaders say supports business recruitment and aviation users. Residents who keep horses, operate small equine businesses or have long-standing rural properties fear the draft ordinance, as written, could restrict traditional uses and lower marketability without clear mitigation or grandfathering provisions.

Next steps: the council will consider the AOD public hearing and first-reading materials at its Jan. 28 meeting, after receiving additional exhibits from the South Carolina Aeronautical Commission and holding further public engagement.