In a surprising new legal filing, the York County BZA, a quasi-judicial branch of York County, just stated in South Carolina Circuit Court that Silfab’s permits, and therefore the factory itself, is in violation of the law.
The filing specifically contradicts the county’s long-standing position that last year’s BZA ruling did not apply to the controversial Silfab factory, which is currently being built on a light industrial-zoned property in Fort Mill, South Carolina.
On May 9th, 2024, the York County Board of Zoning Appeals ruled that “Solar Panel
Manufacturing” is not permitted in York County’s “Light Industrial district”.
However, just one month later, York County issued an unsigned management statement (still on their website here) that stated that “The decision by the BZA on May 9th did not apply to Silfab”.
Soon after this statement was released, York County Planning and Zoning, under the authority of York County Manager Joshua Edwards, began issuing permits to Silfab to begin construction, including permits for their central energy plant, chemical storage buildings and bunkers, wastewater treatment plant, and chemical processing lines.
In this week’s new filing in Silfab’s appeal of the BZA ruling (case #2024CP4602641), York County’s BZA attorneys correct the County’s long-standing position that the BZA “did not apply to Silfab”.
The York County BZA attorneys state, in part;
“…Buchanan’s request for a Zoning Code Interpretation sought to confirm whether
Silfab’s solar cell and panel manufacturing use complies with all applicable zoning provisions, including the table of uses governing the Light Industrial District where the Facility is located…” (pg 5/18)
“…As the Facility’s neighbor, Buchanan surely has an interest in confirming whether Appellants’ solar cell and panel manufacturing use complies with the Zoning Code. If it does not, as the BZA found, interested parties (including Buchanan and, of course, the County) can obtain a court order enjoining the disallowed use as well as other relief. S.C. Code Ann. § 6-29-950 (authorizing both local governments and an “adjacent or neighboring property owner” to sue to enjoin the unlawful use of property)…” (pg 10/18)
“…the record supports the BZA’s decision that solar cell and panel manufacturing is an unlisted, prohibited use of a heavy industrial nature…” (pg 11/18)
Now that the York County Board of Zoning Appeals clarified that their ruling last year did apply directly to Silfab, before their permits were issued, their permits are now legally void, according to York County Code § 155.1121, “No building permit shall be issued… until zoning compliance has been approved by the Zoning Administrator”, and according to SC Peterson v. Greenville County, 2011, “An invalid zoning permit issued in violation of applicable zoning laws confers no rights and is void ab initio”.
The York County Council will now have to decide if they will attempt to re-zone Silfab’s property to heavy industrial or if they will revoke the permits that were issued to Silfab in violation of the zoning code.
