Colleton County Zoning Ordinance

Transcription

Colleton County
Zoning Ordinance
Adopted by Colleton County Council
September 7, 2010
Colleton County Council 2010
Dr. Joseph Flowers, Council Chairman
Rev. Evon Robinson, Council Vice-Chairman
Floyd Buckner, Council Member
Steven Murdaugh, Council Member
W. Gene Whetsell, Council Member
County Administrator
Douglas Burns
Karla Daddieco
Planning and Development, Director
Philip S Slayter, AICP
TABLE
OF CONTENTS
Chapter
Page
1
Purpose & Legal Provisions……….….….…...……….………...……………........ 1-1
2
Zoning District Regulations.……….…………….…………….………...……........ 2-1
3
Conditional Uses…...………………………………………………………………. 3-1
4
Landscaping, Buffering, & Environmental Protection…………………………….. 4-1
5
Parking……………………………………………………………………………... 5-1
6
Signs………………………………………………………………………………... 6-1
7
Board of Zoning Appeals: Special Exceptions, Variances, & Appeals……….….. 7-1
8
Administration………………………………………………….………………….. 8-1
9
Nonconformities…………………………………………………………………… 9-1
10
Map & Text Amendments…………………………………………………………. 10-1
11
Definitions…………………………………………………………………………. 11-1
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TABLE OF CONTENTS
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CHAPTER 1:
APPLICABILITY & LEGAL PROVISIONS
Section
Page
1.1
Title………………………………………………………………………………… 1-2
1.2
Authority…………………………………………………………………………… 1-2
1.3
Applicability……………………………………………………………………….. 1-2
1.4
Conflicting Provisions & Validity……………………..…………………….…….. 1-3
1.5
Conformance with Adopted Plans…………………………………………………. 1-4
1.6
Vested Rights………………………………………………………………………. 1-5
1.7
Development Agreements…………………………………………………………. 1-6
1.8
Effective Date……………………………………………………………………… 1-6
1-1
CHAPTER 1: APPLICABILITY & LEGAL PROVISIONS
Section 1.1 Title
This Ordinance shall be known and may be cited as the Zoning Ordinance of Colleton County,
South Carolina. The official map designating the various zoning districts shall be titled Colleton
County Zoning Map, and shall be known as the Zoning Map.
Section 1.2 Authority
In pursuance of authority conferred by the General Statutes of South Carolina Code Section 629-710 and for:
Promoting health, safety, and general welfare of the community;
Lessening congestion in the streets,
Securing safety from fire,
Providing adequate light and air;
Providing for adequate transportation, water, sewerage, schools, parks, and other public
improvements;
Protecting scenic and unique areas, in accordance with the Comprehensive Plan;
the County Council of Colleton County does ordain and enact into law the following Chapters
and Sections.
Section 1.3 Applicability
A. The provisions of this ordinance shall apply within Colleton County outside of municipal
jurisdictional boundaries as shown on the official Zoning Map of Colleton County.
B. Any violation of the previous Land Management Ordinance will continue to be a violation
under this Ordinance and be subject to penalties and enforcement under Chapter 8, unless the
use, development, construction, or other activity complies with the provisions of this
Ordinance, in which case enforcement action shall cease, except to the extent of collecting
penalties for violations that occurred before the effective date of this Ordinance.
C. Any legal nonconformity under the previous Ordinance (Land Management Ordinance or
LMO, 99-O-25) will also be a legal nonconformity under this Ordinance, as long as the
situation that resulted in the nonconforming status under the previous Land Management
Ordinance continues to exist. If a nonconformity under the previous Land Management
Ordinance becomes conforming because of the adoption of this Ordinance, then the situation
will no longer be considered a nonconformity.
D. Variances that received approval prior to the effective date of this Ordinance shall remain
valid until their expiration date. Construction pursuant to such approval may be carried out
in accordance with the development standards in effect at the time that approval was granted,
provided that the permit or approval remains valid and has not lapsed.
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E. No provision of this Ordinance shall require any change in the plans, construction, or
designated use of any structure for which a zoning permit or building permit has been
issued prior the effective date of this Ordinance, provided that permit does not lapse and
remains valid.
F. No previously approved lot shall be deemed an unusable lot under the provisions of this
Ordinance.
G. Any use that was legally established prior to the effective date of this Ordinance, without
Special Exception approval and which after the effective date, is located in a zoning district
that requires Special Exception approval for the subject use, shall not be considered
nonconforming merely as a result of not having secured Special Exception approval.
Expansions and modifications of such uses shall be subject to Chapter 9 Nonconformities.
H. Type A PDDs approved prior to the adoption of this ordinance are “grandfathered” under this
Ordinance and shall adhere to the site plan and provisions of the PDD under which the PDD
was approved.
Section 1.4 Conflicting Provisions & Validity
A. Whenever the regulations of this Ordinance require a greater width or size of yards, or
require a greater percentage of lot to be left unoccupied, or impose other more restrictive
standards than are required in or under any other statutes, the requirements of the ordinance
codified in this title shall govern. Whenever the provisions of any other statute require more
restrictive standards than are required by the ordinance codified in this title, the provisions of
such statue shall govern.
B. Should any section or provision of this Ordinance be declared invalid or unconstitutional by
any court of competent jurisdiction, such declaration shall not affect the validity of the title
as a whole or any part thereof which is not specifically declared to be invalid or
unconstitutional.
C. All ordinances and parts of ordinances in conflict herewith are repealed to the extent
necessary to give this ordinance full force and effect.
D. If the provisions of this Ordinance are inconsistent with those of the state or federal
government, the more restrictive provision shall control, to the extent permitted by law.
E. If the provisions of this Ordinance are inconsistent with one another, or if they conflict with
provisions found in other adopted ordinances or regulations of the County, the more
restrictive provision will control. No text amendment, zoning variance or condition of
approval attached to any form of development approval under this Ordinance shall have the
effect of nullifying, abrogating or diminishing the provisions of any other County ordinance.
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I.
This Ordinance is not intended to abrogate, annul, or otherwise interfere with any private
easement, agreement, covenant, restriction or other private legal relationship. The County is
responsible for enforcing this Ordinance. It does not enforce private agreements, easements,
covenants or restrictions to which the County is not a party. Restrictive covenants
affidavit(s) shall be signed by the applicant or current property owner(s) for all permit
applications in compliance with State law, Section 6-29-1145 that states:
1. In an application for a permit, the local planning agency must inquire in the application
or by written instructions to an applicant whether the tract or parcel of land is restricted
by any recorded covenant that is contrary to, conflicts with, or prohibits the permitted
activity.
2. If a local planning agency has actual notice of a restrictive covenant on a tract or parcel
of land that is contrary to, conflicts with, or prohibits the permitted activity:
(a) in the application for the permit;
(b) from materials or information submitted by the person or persons requesting the
permit; or
(c) from any other source including, but not limited to, other property holders, the local
planning agency must not issue the Zoning Permit unless the local planning agency
receives confirmation from the applicant that the restrictive covenant has been
released for the tract or parcel of land by action of the appropriate authority or
property holders or by court order.
3. As used in this section:
(a) „actual notice‟ is not constructive notice of documents filed in local offices
concerning the property, and does not require the local planning agency to conduct
searches in any records offices for filed restrictive covenants;
(b) „permit‟ does not mean an authorization to build or place a structure on a tract or
parcel of land; and
(c) „restrictive covenant‟ does not mean a restriction concerning a type of structure that
may be built or placed on a tract or parcel of land.
Section 1.5 Conformance with Adopted Plans
A. The regulations adopted pursuant to this Ordinance shall be consistent with the
Comprehensive Plan and any specific plans adopted by the County Council. All new
developments shall be designed in conformance with County adopted plans including but not
limited to the Comprehensive Plan, corridor plans, small area land use plans, transportation
plans, and recreation plans.
B. Public projects including new streets, structures, utilities, square, park, or other public way
grounds, or open space or public buildings for any use, whether publicly or privately owned,
shall not be constructed or authorized in Colleton County until the location, character, and
extent of it have been submitted to the Planning Commission for review and comment as to
the compatibility of the proposal with the Comprehensive Plan in accordance with SC Code
6-29-540. In the event that the Planning Commission finds the proposal to be in conflict
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with the Comprehensive Plan, the Commission shall transmit its findings and the particulars
of the nonconformity to the entity proposing the facility. If the entity proposing the facility
determines to go forward with the project which conflicts wit the Comprehensive Plan, the
entity shall publicly state its intention to proceed and the reasons for the action. A copy of
this finding must be sent to the County Council, the Planning Commission, and published as
a public notice in a newspaper of general circulation at least 30 days prior to awarding a
contract or beginning construction. Telephone, sewer, and gas utilities, or electric suppliers,
utilities and providers, whether publicly or privately owned, whose plans have been
approved by the County Council or state or federal regulatory agency or who are acting in
accordance with a legislatively delegated right are exempt from this provision. These
utilities must submit construction information to the Planning Commission.
Section 1.6 Vested Rights
Pursuant the provisions of the Vested Rights Act, Act 287, adopted in 2004 by the South
Carolina Legislature, the following standards are established to specify the point at which a
development is considered to have obtained a vested right.
A. A vested right is attached to a development project once the developer or landowner has:
1. Single-phased developments: Satisfied all conditions of site plan approval placed upon
the proposed project by Colleton County staff and the Planning Commission.
2. Multi-phased developments: Satisfied all conditions of site plan approval that are placed
on the proposed phase of development by Colleton County staff and the Planning
Commission.
B. Such vested right shall extend for an initial period of 2 years. Within 120 days of expiration
of the initial 2-year vesting period, the developer or landowner may request, in writing, to the
Colleton County Planning Department a 1-year extension of the vesting period. Extensions
of vested rights shall be given in 1-year increments and shall not exceed five extensions – for
a total vesting period of 7-years.
C. Requests for extensions shall be presented to the Planning Commission for consideration.
The Planning Commission must approve the annual extension unless an amendment to the
land development regulations has been adopted that prohibits approval. Upon expiration of a
vested right, a building permit may be issued for development only in accordance with
applicable land development regulations.
D. A site specific development plan for which a variance, regulation, or special exception is
necessary does not confer a vested right until the variance; regulation or special exception is
obtained.
E. Variances or special exceptions approved by the Board of Zoning Appeals prior to Planning
Commission approval of a site specific development plan do not create vested rights until the
Planning Commission or Planning Department approval of the development plan is obtained
and all conditions for approval satisfied.
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Section 1.7 Development Agreements
Requests for development agreements shall be processed pursuant to the South Carolina Code of
Laws, Title 6, Chapter 31, as amended. Development agreements require Planning Commission
review and comment.
Section 1.8 Effective Date
These regulations shall become effective on September 7, 2010. Upon such date, these
regulations shall supersede, repeal, and replace the County of Colleton County Land
Management Ordinance.
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CHAPTER 2:
ZONING DISTRICTS
Section
Page
2.1
Purpose, Interpretation, & General Provisions..…………………………………… 2-2
2.2
Establishment of Base Zoning Districts…………………………..……................... 2-9
2.3
Resource Conservation-1 (RC-1)……………...……………………....................... 2-10
2.4
Resource Conservation-2 (RC-2)………………………………………………….. 2-12
2.5
Rural Development-1 (RD-1).......…………………………………………………. 2-14
2.6
Rural Development-2 (RD-2)……...………………………………………………. 2-16
2.7
Suburban Residential (RS)………………………………………………………… 2-19
2.8
Community Commercial (CC)…………………………………………………….. 2-21
2.9
Village Commercial (VC)…………………………………………………………. 2-23
2.10
Urban Development-1 (UD-1)…………………………………………………….. 2-25
2.11
Urban Development-2 (UD-2)…………………………………………………….. 2-28
2.12
Industrial (ID)……………………………………………………………………… 2-31
2.13
Light Industrial (LID)……………………………………………………………….2-33
2.14
Planned Development District (PDD)………………………………………..……. 2-35
2.15
Overlay Districts…………………………………………………………………… 2-38
2-1
CHAPTER 2: ZONING DISTRICTS
Section 2.1 Purpose, Interpretation, & General Provisions
2.1.1 Purposes of Zoning
A. A zoning ordinance is adopted for the general purposes of guiding development in
accordance with existing and future needs of the community and to promote public health,
safety, morals, convenience, order, appearance, prosperity, and general welfare as
established by SC Code 6-29-710. The intent of zoning according to the 1994 South
Carolina Comprehensive Planning Act is:
1. To provide for adequate light, air, and open space;
2. To prevent the overcrowding of land, avoid undue concentration of population, and
lessen congestion in the streets;
3. To facilitate the creation of a convenient, attractive, and harmonious community;
4. To protect and preserve scenic, historic, or ecologically sensitive areas;
5. To regulate the density and distribution of populations and the uses of buildings,
structures, and land for trade, industry, residence, recreation, agriculture, forestry,
conservation, airports and approaches thereto, water supply, sanitation, protection against
floods, public activities, and other purposes;
6. To facilitate the adequate provision or availability of transportation, police and fire
protection, water, sewage, schools, park, and other recreational facilities, affordable
housing, disaster evacuation, and other public services and requirements;
7. To secure safety from fire, flood, and other dangers; and
8. To further the public welfare in any other regard specified by a local governing body.
B. In order to further the purposes listed in Subsection A, the zoning ordinance may regulate the
following:
1. Use of buildings, structures, and land;
2. Size, location, height, bulk, orientation, number of stories, erection, construction,
reconstruction, alteration, demolition or removal in whole or in part of buildings and
other structures, including signage;
3. Density of development, use or occupancy of buildings, structures or land;
4. Areas and dimensions of land, water and air space to be occupied by buildings and
structures, and the size of yards, courts and other open spaces;
5. Amount of off-street parking and loading that must be provided, and the restrictions or
requirements related to the entry or use of motor vehicles on the land;
6. Other aspects of the site plan including, but not limited to, tree preservation, landscaping,
buffers, lighting, and curb cuts; and
7. Other aspects of the development and use of land or structures necessary to accomplish
the purposes set forth throughout the Comprehensive Planning Act.
2.1.4 Use Interpretation
A. Each zoning district has uses permitted by right, conditional uses, and special exception uses.
Lists are shown for each district placing uses under one of the three categories. Uses not
expressly permitted are prohibited. The following describes the processes of each of the
three categories that the uses are subject to:
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1. Uses Permitted by Right: Department of Planning & Development review and approval
subject to district provisions and other applicable requirements only.
2. Conditional Uses: Department of Planning & Development review and approval subject
to district provisions, other applicable requirements, and conditions outlined in Chapter 3.
3. Special Exceptions: Zoning Board of Appeals review and approval subject to district
provisions, other applicable requirements, and conditions of approval. Some Special
Exceptions may also be subject to conditions outlined in Chapter 3.
B. A mix of two (2) or more uses on the same lot of record is permitted as long as each use
listed is permitted within the zoning district. The requirements for the most restricted use
shall apply. For example, if “Use A” is permitted by right and “Use B” is permitted with a
Special Exception, then the property requires a Special Exception.
[Commentary: For example, a government building and a public park may be located on
the same lot by right within the RC-1 district. However, if a government building and a
museum are located on the same site in the RC-1 district, then the entire site shall be subject
to the issuance of a Special Exception, since museums require a Special Exception in the RC1 district].
2.1.5 Zoning Map & Interpretation
A. Colleton County is hereby divided into zoning districts as shown on the Colleton County
Zoning Map which, together with all explanatory matter thereon, is hereby adopted by
reference and declared to be part of this Ordinance.
B. The official Zoning Map is maintained in the form of a machine-readable representation of a
geographic phenomenon stored for display or analysis by a digital computer. The digital
zoning database stored in the Geographical Information System (GIS) is hereby designated,
established, and incorporated as part of these regulations and the originals thereof, which are
on file at the offices of the Planning Department, shall be as much a part of these regulations
as if they were fully described in these regulations. Upon adoption of this Ordinance and
any amendment thereto, the Planning Department may produce a paper version of the
Official Zoning Map.
C. Where uncertainty exists as to the boundaries of any district shown on the Official Zoning
Map, the Zoning Administrator shall employ the following rules of interpretation.
1. Centerline: Where a boundary line lies within and follows a street or alley right-of-way,
a railroad right-of-way, or utility easement, the boundary shall be construed to be in the
center of such street or alley right-of-right, railroad right-of-way, or utility easement
forming the boundary between two separate zoning districts is abandoned or removed
from dedication, the district boundaries shall be construed as following the centerline of
the abandoned or vacated road bed or utility easement.
2. Edge Line: Where a boundary line follows the edge of a street or alley right-of-way, a
railroad right-of-way, or utility easement, the boundary shall be construed to be on the
edge of such street or alley right-of-way, railroad right-of-way, or utility easement. If
such a street or alley right-of-way, railroad right-of-way, or utility easement forming the
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3.
4.
5.
6.
7.
8.
boundary between two separate zoning districts is abandoned or removed from
dedication, the district boundaries shall be construed as following the edge of the
abandoned or vacated road bed or utility easement.
Lot Line: Boundaries indicated as approximately following lot lines shall be construed
as following such lot lines. In the event that a district boundary line divides a lot or tract,
each part of the lot or tract so divided shall be used in conformity with the regulations
established by this Ordinance for the district in which said part is located.
County/Municipal Limits:
Boundaries indicated as approximately following
County/Municipal limits or extraterritorial boundary lines shall be construed as following
the County/Municipal limits or extraterritorial boundary lines.
Watercourses: Boundaries indicated as approximately following the centerlines of
streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such
center lines.
Extensions: Boundaries indicated as parallel to or extensions of street or alley rights-ofway, utility easements, lot lines, city limits, county lines, or extraterritorial boundaries
shall be so construed.
Scaling: In a case where a district boundary does not coincide with any boundary lines
as above and no distances are described by specific ordinance; the boundary shall be
determined by the use of the scale appearing on the map.
Where the Zoning Administrator determines that physical features existing on the ground,
or actual property lines or other man-made boundary lines used to depict zoning district
boundaries, are different than those shown on the Official Zoning Map, the Zoning Board
of Appeals shall have the authority to interpret Zoning district boundaries.
2.1.6 General Provisions & Exceptions
In addition to the requirements listed below as well as any district specific requirements, further
requirements may be set forth in Chapter 3 for those uses listed as conditional.
2.1.6.1 Lot Size & Configuration
A. County and municipal uses, utility substations or sub-installations shall not be subject to
the minimum lot size requirements.
B. Family cemeteries with less than 15 internments shall not be subject to minimum lot size
requirements.
C. All new lots shall front upon a public road, private road, or private access easement in
accordance with Chapter 5 of the County Land Development Regulations. Each lot shall
have a minimum frontage of 30 feet on said road or easement.
D. Any combination of not more than one (2) two single-family detached dwellings and/or
manufactured dwellings and their customary accessory structures may hereafter be
erected on any lot, provided all lot area and set back requirements are met for both units
and so arranged to ensure public access, except as allowed under a family group
development. [Commentary: Restricts the number of single-family and/or mobile homes
to two (2) dwellings per lot unless fulfilling the requirements of a family group
development].
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2.1.6.2 Setbacks
A. The required front, side, and rear yards for individual lots shall be measured inward
toward the center of said lot from all points along the respective front, side, and rear
property lines of the lot. Once the yard areas of a given lot have been established, the
remaining area of the lot which is not included in any required front, side, or rear lot
shall be known as the “buildable” area within which the approved structure(s) shall be
placed. Setbacks for multifamily units apply to the exterior, not the interior, of the
development.
B. Where a property abuts a street right-of-way or access easement, the setback shall be
measured from the edge of the right-of-way line or access easement. Where lots may
only be accessed by water, the front setback is applied from the high water mark along
the waterside with the access.
“Buildable” Area
C. Corner lots shall be considered to have two fronts with the secondary front yard setback
75% of the primary front yard setback for the district. The primary front is defined as
the access with the higher annual traffic volume.
D. Where the minimum lot width is not met at the front setback for the district, a front
setback line shall be established where the minimum lot width for the district is met
provided that a minimum of 30 feet of street frontage is provided.
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E. Where the majority of lots in a block fronting on the same side of a street between two
(2) intersecting streets are lawfully occupied with buildings having greater or lesser front
yard depth than required by these regulations, no building hereafter erected or altered
shall vary in the front yard setback by more than five (5) feet from the average depth of
said existing front yard setbacks without written approval of contiguous property owners.
However, in no case shall setbacks be less than 15 feet. See following diagram.
F. Whenever more than one principal building is to be located on a lot, the required yards
shall be maintained around the group of buildings and buildings shall be separated by a
horizontal distance that is at least equal to the height of the highest adjacent building.
Accessory buildings are to be separated from principal or other accessory structures by at
least 5 feet.
G. On any corner lot in any district, no planting shall be placed or maintained and no fence,
building, wall, or other structure shall be constructed at any point between a height of
two and a half feet (2.5) and 10 feet above the upper face of the nearest curb (or street
center line if no curb exists) within the sight triangle. The sight triangle is the area
bounded on two sides by the street right-of-way lines and on the third side by a straight
line connecting points on the two street right-of-way lines as required by the site
triangular and vertical vision clearance illustration. However, poles and support
structures less than 12 inches in diameter may be permitted in such areas.
H. The side and rear setbacks in the CC, UD-1, & UD-2 districts shall not apply to the
shared property line of attached buildings.
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I.
The space in any required yard shall be open and unobstructed except for the ordinary
projections of window sills, cornices, eaves, window air conditioning units, and other
architectural features (i.e., siding, bricks and overhangs) provided that such features shall
project no more than two (2) feet into any required yard.
Requirements by Street Type
(Measured along R.O.W. Line)
“A”
(Distance in Feet)
“B”
(Distance in Feet)
Minor
Major
15
Driveway
10
10
30
Minor Street
20
30
45
Major Street
20
30
J. Steps and heating and cooling units may project into a required yard a distance not to
exceed five (5) feet but no closer than three feet of a property line. Fences, walls, hedges,
and septic lines may be located in any setback, so long as they remain on the property.
K. Utility substations shall be exempt from district setback requirements.
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2.1.6.3 Height
A. The height of a building or structure shall be measured from the average grade elevation
within twenty (20) feet of the structure or from the base of a tree when computing height
in the airport compatibility zone, to the highest point of the building, structure, or tree.
B. The height limitations of this title shall not apply to the following (except in the AC-O):
1. Belfries
2. Chimneys
3. Church spires
4. Conveyors
5. Cooling towers
6. Cupulas
7. Domes
8. Elevator bulkheads
9. Fire Towers
10. Flag Poles
11. Ornamental towers and spires
12. Public monuments
13. Public utility poles
14. Silos
15. Skylights
16. Smoke stacks
17. Stage towers or scenery lofts
Such features shall be erected only to such height as is necessary to accomplish the
purpose they are intended to serve and no height extension shall serve as a place for
human habitation.
C. The height of communication towers and antennas, and water tanks also shall be exempt
from district height requirements, provided such structures shall be separated from any
adjoining residential use by a distance equal to one (1) foot for each one (1) foot in
height, measured from the property line and the provided that the conditions in Section
3.2.33 are met.
D. All unincorporated property on Edisto Island shall be permitted to build up to a height of
fifty (50) feet.
2.1.7 Other Requirements
In addition to Zoning District Regulations see the following Sections for other requirements:
A. See Chapter 3 for Conditional Uses.
B. See Chapter 4 for specifications on Landscaping, Buffering, & Environmental Protection.
C. See Chapter 5 for specifications on Parking.
D. See Chapter 6 for specifications on Signs.
E. See Chapter 7 for Special Exceptions.
2-8
Section 2.2 Establishment of Base Zoning Districts
Base zoning districts are created to provide comprehensive land use regulations throughout
Colleton County. There are 9 base zoning districts that provide for a variety of uses that are
appropriate to the character of the areas in which they are located in accordance with the
Colleton County Comprehensive Plan. For the purpose of this Ordinance, Colleton County is
hereby divided into the following base zoning districts. These districts shall comply with all of
the general and specific requirements of this Ordinance.
• Resource Conservation: RC-1 & RC-2
• Rural Development: RD-1 & RD-2
• Suburban Residential: RS
• Community Commercial: CC
• Village Commercial: VC
• Urban Development: UD-1 & UD-2
• Light Industrial: LID
• Industrial: ID
2-9
Section 2.3 Resource Conservation-1 (RC-1)
2.2.1 Purpose
The purpose of this district is to protect fragile wetlands, marshes, beaches and sand dunes,
rivers, creeks, islands, and other natural resources critical to the ecosystems within the ACE
Basin. This is the most restrictive district in Colleton County and requires large lot development
due to its environmentally sensitive resources. Most of the lands in this district are already
protected by land conservancies; however, many large undeveloped tracts of land not suited for
dense development within the ACE Basin are not under any type of permanent protection. This
district allows for a low density development pattern that would help preserve the environmental
characteristics of those areas - protecting them from the potential impacts of more concentrated
development.
2.2.2 Uses
2.2.2.1 Permitted Uses
• Agricultural production, crops
• Agricultural support services
• Cemeteries, family & accessory (excluding cemeteries as the principal use)
• Emergency services
• Farms & ranches, general
• Fishing, hunting, trapping (commercial, excludes hunting & fishing camps)
• Forestry
• Government buildings (excluding correctional facilities)
• Greenhouses & nurseries, commercial
• Places of worship
• Public & private parks & recreation (indoor & outdoor)
• Public & private utilities (excluding electric generation, steam, & air supply)
• Single-family detached residential dwellings
• Storage, Indoor (up to 5000 square feet)
2.2.2.2 Conditional Uses (See Chapter 3 for Conditions)
• Accessory structures
• Animal production (excluding hogs)
• Conservation subdivisions
• Home occupations
• Hunting & fishing camps, temporary
• Family care home for the handicapped
• Family group development
• Gun clubs & outdoor shooting ranges
• Manufactured Homes (on individual lots)
• Park model trailers (on individual lots)
• Recreational Group Quarters
• Temporary uses (except fireworks stands)
2-10
2.2.2.3 Special Exceptions (See Chapter 7 for Special Exceptions & Chapter 3 for any
Conditions)
• Bed & Breakfast inns
• Communications towers
• Golf courses & country clubs
• Marinas
• Mining
• Museums, historical sites, sightseeing, & similar institutions
• Taxidermy & wild game processing
2.2.3 Dimensional Requirements (RC-1)*
Density & Lot Size
Residential
Uses
Nonresidential
Uses
Min. Lot
Size
5 acres
Minimum Yard Requirements
Front
Side
Rear
Setback
Setback
Setback
(ft.)
(ft.)
(ft.)
35
20
50
Max. Height
Structure
Height
(ft.)
40
Min. Lot Size
5 acres
Front
Side
Rear
Setback
Setback
Setback
(ft.)
(ft.)
(ft.)
35
20
50
Max. Height
Structure
Height
(ft.)
40
Min.
Max.
Width
Density
(ft.)
1
150
dwelling
per 5
acres
Minimum Lot Size
Min. Width (ft.)
150
*See Section 2.1.6 for general provisions and exceptions to Dimensional Requirements.
2-11
Section 2.4 Resource Conservation-2 (RC-2)
2.4.1 Purpose
Many lands within the ACE Basin are suitable for low to moderate density development near and
adjacent to areas where small scale community crossroads exist. Although near and adjacent to
larger more environmentally sensitive areas within the RC-1, the lands with the RC-2 can
support smaller lot development.
2.4.2 Uses
• Cemeteries, family & accessory (excluding cemeteries as a principal use)
• Civic, fraternal, professional, & political organizations
• Forestry
• Fuel supply services (excluding automobile gas stations)
• Storage, Indoor (up to 5000 square feet)
• Temporary uses
2-12
Conditions)
• Camps & recreational vehicle parks
• Marinas
• Mining
• Schools, elementary & secondary
2.4.3 Dimensional Requirements (RC-2)*
Density & Lot Size
Residential
Uses
Nonresidential
Uses
Min.
Max.
Width
Density
(ft.)
1
100
dwelling
per acre
Minimum Lot Size
Min. Lot
Size
1 acre
(43,560 sf)
Min. Lot Size
1 acre
(43,560 sf)
Min. Width (ft.)
100
Front
Side
Rear
Setback
Setback
Setback
(ft.)
(ft.)
(ft.)
35
20
50
Max. Height
Structure
Height
(ft.)
40
Front
Side
Rear
Setback
Setback
Setback
(ft.)
(ft.)
(ft.)
35
20
50
Max. Height
Structure
Height
(ft.)
40
2-13
Section 2.5 Rural Development-1 (RD-1)
2.5.1 Purpose
The purpose of this district is to conserve, sustain, and protect rural areas and resources,
particularly agricultural/farm lands and areas of high flood potential. It is intended to
accommodate low density residential uses, agricultural and farming uses, and agricultural and
related support services.
2.5.2 Uses
• Animal Services (no outdoor kennels)
• Building & special trade contractors (excluding heavy construction)
• Cemeteries, family & accessory (excluding principal use)
• Farm supply stores
• Forestry
• Fuel supply services (excluding automobile gas stations & truck stops)
• Landscape services
• Marinas
• Public & private utilities
• Warehousing & storage (indoor, excluding mini-storage)
• Animal services (with outdoor kennels)
• Campgrounds & recreational vehicle parks
2-14
•
•
•
•
•
•
•
•
•
•
Gun clubs & outdoor shooting ranges
Home occupations
Hunting & fishing camps, temporary
Lumber & saw mills
Manufactured Homes (on individual lots)
Mining
Park model trailers (on individual lots)
Residential care homes
Seasonal worker housing
Temporary uses
Conditions)
• Automotive services & other repair
• Building materials & supply
• Day care centers
• Health care services (excluding hospitals)
• Heavy construction contractors
• Personal care services
• Residential care facilities
• Schools, instructional
• Schools, vocational
• Solid waste landfill (excluding hazardous waste)
• Waste management services (excluding hazardous waste)
2.5.3 Dimensional Requirements (RD-1)*
Density & Lot Size
Residential
Uses
Nonresidential
Uses
Min. Lot
Size
1 acre
(43,560 sf)
Max.
Density
1
dwelling
per acre
Minimum Lot Size
Min. Lot Size
1 acre
(43,560 sf)
Min.
Width
(ft.)
100
Min. Width (ft.)
100
Front
Side
Rear
Setback
Setback
Setback
(ft.)
(ft.)
(ft.)
25
10
20
Max. Height
Structure
Height
(ft.)
40
Front
Side
Rear
Setback
Setback
Setback
(ft.)
(ft.)
(ft.)
25
10
20
Max. Height
Structure
Height
(ft.)
40
2-15
Section 2.6 Rural Development-2 (RD-2)
2.6.1 Purpose
This district is very rural in nature, though more developed than the RD-1 district. This district
serves as a transition between the lower density RD-1 and higher density RS district. It allows
for agricultural uses, rural residential development, and low intensity supporting uses. Most of
the lands within this district are not heavily farmed or in significant flood prone areas. Some
services may be available or planned with this district allowing for a greater density of
residential development than the RD-1, but not as dense as the RS District.
2.6.2 Uses
• Air strips (private use)
• Animal Services (no outdoor kennels)
• Cemeteries
• Forestry
• Fuel supply services (excluding truck stops)
• Health care services (excluding hospitals)
• Libraries
• Marinas
• Office uses, general (up to 5,000 square feet)
• Schools, college & university
• Schools, instructional
• Schools, vocational
2-16
•
•
Taxidermy & wild game processing
Warehousing & storage (indoor, excluding mini-storage)
• Lumber & saw mills
• Mining
• Residential care homes
• Seasonal worker housing
• Temporary uses
Conditions)
• Automotive services & other repair
• Campgrounds & recreational vehicle parks
• Manufactured Home Parks
• Outdoor Markets
• Retail uses (up to 5,000 square feet excluding alcohol sales)
• Restaurants (up to 2,500 square feet)
2-17
2.6.3 Dimensional Requirements (RD-2)*
Density & Lot Size
Residential
Uses
Nonresidential
Uses
Min.
Max.
Width
Density
(ft.)
2
80
dwellings
per acre
Minimum Lot Size
Min. Lot
Size
1/2 acre
(21,780 sf)
Min. Lot Size
1/2 acre
(21,780 sf)
Min. Width (ft.)
80
Front
Side
Rear
Setback
Setback
Setback
(ft.)
(ft.)
(ft.)
25
10
20
Max. Height
Structure
Height
(ft.)
40
Front
Side
Rear
Setback
Setback
Setback
(ft.)
(ft.)
(ft.)
25
10
20
Max. Height
Structure
Height
(ft.)
40
2-18
Section 2.7 Suburban Residential (RS)
2.7.1 Purpose
The purpose of this district is to foster, sustain, and protect areas in which the principal use of
land is for single-family dwellings and related support uses in areas at the edge of municipal
boundaries within a suburban environment. This district is the transition district between the
RD-1 and RD-2 Districts and more intense urban districts.
2.7.2 Uses
• Agricultural production, crops & horses (excluding all other livestock)
• Forestry
• Libraries
• Public & private utilities (excluding electric generation, steam, air supply & water/sewer
treatment)
• Animal production (horses only)
• Single-family attached residential
• Temporary uses
Conditions)
• Bed & Breakfast Inns
• Marinas
2-19
2.7.3 Dimensional Requirements (RS)*
Density & Lot Size
Residential
Uses
Nonresidential
Uses
Min.
Max.
Width
Density
(ft.)
4
80
dwellings
per acre
Minimum Lot Size
Min. Lot
Size
1/4 acre
(10,890 sf)
Min. Lot Size
1/4 acre
(10,890 sf)
Min. Width (ft.)
80
Front
Side
Rear
Setback
Setback
Setback
(ft.)
(ft.)
(ft.)
25
5
10
Max. Height
Structure
Height
(ft.)
40
Front
Side
Rear
Setback
Setback
Setback
(ft.)
(ft.)
(ft.)
25
10
30
Max. Height
Structure
Height
(ft.)
40
2-20
Section 2.8 Community Commercial (CC)
2.8.1 Purpose
The intent of this district is to provide small scale, very low intensity commercial development at
rural crossroads in convenient and strategic locations of the county to meet “community needs”.
The Community Commercial districts are intended to be located within the RD-1, RD-2 and RC2 areas at major intersections or established rural/community crossroads.
2.8.2 Uses
• Animal services (no outdoor kennels)
• Auditorium/Indoor public assembly
• Automotive parking & garages (as a principal use)
• Banks
• Bus & transit terminals & stops
• Financial services & offices
• Forestry
• Funeral homes & services
• Health care services
• Libraries
• Laundry & dry cleaning services
• Marinas
• Office general and professional (up to 10,000 square feet)
• Railroad stations
• Restaurants
• Retail uses (up to 5,000 square feet, excluding alcohol sales)
• Service uses (indoor, up to 5,000 square feet)
• Telecommunications (excluding towers)
2-21
• Automotive services & gas stations (no major repair or long term vehicle storage,
excluding truck stops)
• Manufactured homes (on individual lots)
• Mixed use buildings
• Temporary uses
Conditions)
• Automotive services (with major repair or long term vehicle storage)
• Liquor stores
• Mini-warehouses
• Outdoor markets
• Retail uses (5,001-50,000 square feet)
2.8.3 Dimensional Requirements (CC)*
Density & Lot Size
Residential
Uses
Nonresidential
Uses
Min. Lot
Size
1/2 acre
(21,780 sf)
Max.
Density
2
dwellings
per acre
Minimum Lot Size
Min. Lot Size
1/2 acre
(21,780 sf)
Min.
Width
(ft.)
80
Min. Width (ft.)
100
Front
Side
Rear
Setback
Setback
Setback
(ft.)
(ft.)
(ft.)
25
5
10
Max. Height
Structure
Height
(ft.)
40
Front
Side
Rear
Setback
Setback
Setback
(ft.)
(ft.)
(ft.)
25
5
10
Max. Height
Structure
Height
(ft.)
40
2-22
Section 2.9 Village Commercial (VC)
2.9.1 Purpose
This district is intended to accommodate existing or developing community or “village” areas
that have a mix of uses and commercial/community activities that are much greater than the
influence of a country store at a Community Commercial District/rural crossroads, but not
enough density to yet be classified as a town. Examples include Jacksonboro and Green Pond.
2.9.2 Uses
• Automotive sales & rental
• Banks
• Forestry
• Hospitals
• Hotels, motels, & inns
• Libraries
• Marinas
• Offices, general (up to 10,000 square feet)
• Restaurants
• Retail uses (up to 50,000 square feet excluding alcohol sales)
2-23
•
•
•
•
•
•
Schools, elementary & secondary
Service uses (indoor, up to 10,000 square feet)
Single-family detached residential dwellings
Telecommunications (excluding towers)
Warehousing & storage (indoor)
Wholesale trade
• Automotive services & gas stations (no major repair or long term vehicle storage)
• Manufactured homes (on individual lots)
• Temporary uses
Conditions)
• Liquor stores
• Mini-warehouses
• Outdoor markets
• Retail uses (more than 50,001 square feet)
2.9.3 Dimensional Requirements (VC)*
Density & Lot Size
Residential
Uses
Nonresidential
Uses
Min. Lot
Size
1/2 acre
(21,780 sf)
Max.
Density
2
dwellings
per acre
Minimum Lot Size
Min. Lot Size
1/2 acre
(21,780 sf)
Min.
Width
(ft.)
100
Min. Width (ft.)
100
Front
Side
Rear
Setback
Setback
Setback
(ft.)
(ft.)
(ft.)
25
5
10
Max. Height
Structure
Height
(ft.)
40
Front
Side
Rear
Setback
Setback
Setback
(ft.)
(ft.)
(ft.)
25
5
10
Max. Height
Structure
Height
(ft.)
40
2-24
Section 2.10 Urban Development-1 (UD-1)
2.10.1 Purpose
This district is intended to accommodate urban growth in areas outside of municipalities. The
UD-1 is an appropriate transition district between the RS and UD-2 Districts. The UD-1 district
accommodates lower intensity uses than the more intense UD-2 district.
2.10.2 Uses
• Air strips & Airports
• Banks
• Cemeteries
• Convenience stores (excluding gas sales)
• Distribution
• Forestry
• Fuel supply services
• Hospitals
• Libraries
• Marinas
• Motion picture & sound industries
• Movie theater
2-25
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Pawn shops
Personal care services
Places of worship
Professional offices
Public & private parks & recreation (indoor & outdoor)
Public & private utilities (excluding electric generation, steam, & air supply)
Railroad stations
Research facilities
Residential care facilities
Restaurants
Retail uses (up to 30,000 square feet excluding alcohol sales)
Schools, college & university
Schools, instructional
Schools, vocational
Service uses (indoor)
Two-family residential dwellings (duplexes)
Warehousing & storage (indoor, excluding mini-storage)
Wholesale trade
• Boarding & rooming houses
• Light manufacturing
• Mining
• Multi-family residential
• Residential care homes
• Temporary uses
2-26
Conditions)
• Gun clubs & skeet shooting ranges
• Liquor stores
• Manufactured home parks
• Mini-storage
• Outdoor markets
2.10.3 Dimensional Requirements (UD-1)*
Density & Lot Size
Residential
Uses
Nonresidential
Uses
Min.
Max.
Width
Density
(ft.)
6
70
dwellings
per acre
Minimum Lot Size
Min. Lot
Size
1/6 acre
(7,260 sf)
Front
Side
Rear
Setback
Setback
Setback
(ft.)
(ft.)
(ft.)
25
5
10
Max. Height
Structure
Height
(ft.)
60
Front
Side
Rear
Setback
Setback
Setback
(ft.)
(ft.)
(ft.)
25
5
10
Max. Height
Structure
Height
(ft.)
60
Min. Lot Size
Min. Width (ft.)
¼ acre
70
(10,890 sf)
2-27
Section 2.11 Urban Development-2 (UD-2)
2.11.1 Purpose
This district, in conjunction with UD-1, is intended to accommodate most of the projected
growth in urban transition areas outside of municipalities. This district is intended to have most
public facilities and infrastructure in support of urban development such as water, sewer, streets,
and schools. The UD-2 district accommodates higher intensity uses than the UD-1 district.
2.11.2 Uses
• Banks
• Cemeteries
• Convenience stores (excluding gas sales)
• Distribution
• Entertainment uses (excluding pool/billiard halls & sexually oriented businesses)
• Forestry
• Fuel supply services
• Hospitals
• Libraries
• Liquor stores
• Marinas
• Mini-storage
2-28
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Motion picture & sound industries
Movie theater
Museums, historical sites, sightseeing, & similar institutions
Non-profit organizations
Pawn shops
Personal care services
Places of worship
Professional offices
Public & private parks & recreation (indoor & outdoor)
Public & private utilities (excluding electric generation, steam, & air supply)
Railroad stations
Research facilities
Restaurants
Retail uses (up to 50,000 square feet)
Schools, college & university
Schools, instructional
Schools, vocational
Service uses (indoor)
Spectator Sports (excluding automotive sports)
Two-family residential dwellings (duplexes)
Warehousing & storage (indoor)
Wholesale trade
• Boarding & rooming houses
• Light manufacturing
• Mining
2-29
•
•
•
•
•
Mixed use buildings
Multi-family residential dwellings
Park model trailers (on individual lots)
Residential care homes
Temporary uses
Conditions)
• Bars & nightclubs (excluding sexually oriented businesses)
• Correctional facilities
• Liquor stores
• Manufactured home dealers
• Manufactured home parks
• Outdoor markets
• Pool/billiard halls
2.11.3 Dimensional Requirements (UD-2)*
Density & Lot Size
Residential
Uses
Nonresidential
Uses
Min.
Max.
Width
Density
(ft.)
6
70
dwellings
per acre
Minimum Lot Size
Min. Lot
Size
1/6 acre
(7,260 sf)
Front
Side
Rear
Setback
Setback
Setback
(ft.)
(ft.)
(ft.)
25
5
10
Max. Height
Structure
Height
(ft.)
60
Front
Side
Rear
Setback
Setback
Setback
(ft.)
(ft.)
(ft.)
25
5
10
Max. Height
Structure
Height
(ft.)
60
Min. Lot Size
Min. Width (ft.)
¼ acre
70
(10,890 sf)
2-30
Section 2.12 Industrial (ID)
2.12.1 Purpose
The intent of this district is to accommodate certain industrial uses and other uses which, based
on their operational characteristics, are incompatible with residential, social, medical, and
commercial environs. As a result, the establishment of such districts shall be restricted to areas
geographically removed or buffered from such environs.
2.12.2 Uses
• Building & special trade contractors
• Cemeteries
• Distribution
• Forestry
• Government buildings
• Marinas
• Mini-warehouses
• Professional offices
• Public parks & recreation
• Research facilities
• Schools, vocational, business, & professional trade
• Service uses (indoor)
• Spectator Sports
• Warehousing & storage (indoor)
• Wholesale trade
• Animal production
• Automotive services & gas stations (excluding truck stops)
• Manufacturing, heavy
• Manufacturing, light
2-31
•
•
Mining
Temporary uses
Conditions)
• Crematories
• Fuel supply services (excluding gas stations)
• Restaurants
• Salvage yard, junkyard, & recycling operations
• Sexually oriented businesses
2.12.3 Dimensional Requirements (ID)*
ID
District
Nonresidential
Uses
(interior lots)
Minimum District Size
5
acres
Minimum Lot Size
Min. Lot Size
1/2 acre
(21,780 sf)
Min. Width (ft.)
90
Minimum District Buffer
50
feet
Front
Side
Rear
Setback
Setback
Setback
(ft.)
(ft.)
(ft.)
30
10
15
Max. Height
60
feet
Max. Height
Structure
Height
(ft.)
60
[Commentary: The minimum district buffer is a buffer setback that applies to the ID zoning
boundary where it abuts any other zoning district that is not ID. A landscaping buffer is
separate and may be contained within the district buffer where eligible because of different
buffer widths.]
2-32
Section 2.12 Light Industrial (LID)
2.12.1 Purpose
The intent of this district is to accommodate distribution, storage, processing, light
manufacturing, and general commercial uses. Such uses are usually controlled operations,
relatively clean, quiet, and free of objectionable or hazardous elements, such as smoke, noise,
odor or dust. In addition, such uses usually operate and/or have storage within open or enclosed
structures; and generating no nuisances.
2.12.2 Uses
• Banks
• Crop Production
• Churches
• Distribution facilities
• Forestry
• Government buildings
• Healthcare Services
• Hotels and motels
• Professional offices
• Public parks & recreation
• Research facilities
• Restaurants
• Retail (Up to 50,000 square feet, excluding alcohol sales)
• Schools, vocational, business, & professional trade
• Service uses (indoor)
• Utilities
• Warehousing & storage (indoor)
• Communication towers
• Light Manufacturing
• Mining
• Mixed Use Buildings
• Temporary uses
2-33
Conditions)
• Fuel supply services (excluding gas stations)
• Golf Courses & Country Clubs
• Mini-warehouses
2.12.3 Dimensional Requirements (LID)*
Minimum Lot Size
Nonresidential
Uses
(interior lots)
Min. Lot Size
1/2 acre
(21,780 sf)
Min. Width (ft.)
90
Front
Setback
(ft.)
30
Side
Setback
(ft.)
10
2-34
Rear
Setback
(ft.)
15
Max. Height
Structure
Height
(ft.)
60
Section 2.13 Planned Development District
2.13.1 Purpose
The intent of this overlay is to allow for flexibility to improve the design, character, and quality
of new mixed use developments and preserve natural and scenic features of open spaces. The
text of the plan provides for specific uses densities, setbacks, and other requirements for the
planned development. These provisions are tailored to the specific development and may vary
from the regulations for other zoning districts concerning use, setbacks, lot size, density, bulk,
and other requirements.
2.13.2 Establishment
A. In accordance with S.C. Code 6-29-740, in order to establish a PDD, the County Council
must amend the zoning ordinance text and the official zoning map, after having received a
recommendation from the Planning Commission regarding the PDD.
B. A sketch plan showing the proposed development shall be presented for approval along with
the request to establish a PDD. The sketch plan shall adhere to the requirements of this
section and shall show the information required by Section 4.2 of the Land Development
Regulations ordinance.
C. Action by the Planning Commission and County Council may be to approve the plan and
application to establish a PDD, to include specific modifications to the plan, or to deny the
application to rezone or establish a PDD. If the plan and/or rezoning are approved, the
applicant shall be allowed to proceed in accordance with the approved PDD plan as
supplemented or modified in a particular case, and shall conform to any time or priority
limitations established for initiating and/or completing the development in whole, or in
specified stages.
D. After a PDD plan has been approved, building and sign permits shall be issued in accordance
with the approved plan as a whole or in stages, or portions thereof, as approved.
2.13.3 Uses
A. A PDD may include any use or combination of uses and intensity levels irrespective of
prevailing zoning district requirements where it is to be located upon review and
recommendation by the Planning Commission and approval by County Council following a
public hearing.
B. Once approved, the proposed use(s) and no others shall be permitted. Said uses shall be
identified and listed on the basis of classification, i.e. retail, office, wholesale, residential,
multi-family residential, single-family detached housing, manufactured housing, etc. The list
of approved uses shall be binding on the applicant and any successor in title, so long as the
PDD zoning applies to the land, unless otherwise amended by ordinance.
2-35
2.13.4 Development Standards
A. Minimum area requirements for establishing a PDD shall be five (5) acres.
B. Residential density, setbacks, impervious surface ratios, and building heights shall be
determined by the scale of the project in relation to its surroundings and its impact on
existing and proposed support facilities, i.e. transportation, water, and sewerage systems,
recreation facilities, fire and police protection, etc.
C. Overall site design shall be harmonious in terms of landscaping, enclosures of principal and
accessory uses, size of structures, street patterns, and use relationships. Variety in building
types, heights, facades, setbacks, and size of open spaces shall be encouraged.
D. Parking and Loading. Off-street parking and loading spaces for each PDD shall comply with
the requirements of Chapter 5, as applicable for the uses proposed for the PDD.
E. Buffer areas shall be required for peripheral uses only, and shall be provided in accordance
with Chapter 4. Buffer areas not required for internal use. Other landscaping provisions
apply.
F. Private streets may be permitted in a PDD provided such streets meet the design and
construction standards for private streets as outlined in Chapter 5 of the Land Development
Regulations.
G. Signage shall meet the requirements of Chapter 6.
H. Development of a PDD shall be in accordance with all of the requirements of the
Subdivision Ordinance.
2.13.5 Amendments to Approved PDD
A. Except as provided in this section, approved PDD plans shall be binding on the owner and
any successor in title.
B. Minor changes in approved PDD site plans may be approved by the Zoning Administrator on
application by the applicant, upon making a finding that such changes are:
1. In accord with all applicable regulations in effect at the time of the creation of the PDD
district; or
2. In accord with all applicable regulations currently in effect.
C. Major changes to an approved PDD shall require approval by the County Council following
recommendation by the Planning Commission. In reaching a decision as to whether the
change is major, the Zoning Administrator shall use the following criteria:
1. Any increase in intensity or use resulting in added floor area, an increase in the number
of dwelling or lodging units, or an increase in the amount of outside land area devoted to
sales, displays, or demonstrations;
2. Any change in parking areas resulting in an increase or reduction in the number of
spaces;
2-36
3. Structural alterations significantly affecting the size, form, style, and location of buildings
as shown on the approved plan;
4. Any reduction in the amount of open space or buffer area, or any change in the location
or characteristics of open space;
5. Any change in pedestrian or vehicular access or circulation.
6. Any change in use or density.
2-37
Section 2.14 Overlay Districts
2.14.1 Gateway & Corridor Overlay (GC-O)
2.14.1.1 Purpose
The intent of this overlay is to specify the types of uses and additional development standards
needed in those areas identified as gateways or corridors which have significant influence on
the overall character and appearance of Colleton County.
2.14.1.2 Applicability
This overlay should be established on the Zoning Map in accordance with areas identified in
the Colleton County Comprehensive Plan as gateways (3000’ or 1000’ radius) and corridors
(500’ feet from centerline). The regulations of this overlay shall apply to all new
development and any existing development which meets the following criteria:
• Any change of use of a non-residential property, and/or
• Any building expansion that increases the floor area of a non-residential use by 20
percent or more or any parking addition of ten (10) or more spaces.
[Commentary: The overlay applies if a vacant property converts to any non-residential
use; a change in non-residential use such as a restaurant to a hardware store. However,
changes of similar uses (e.g., retail to retail) would not apply unless parking or floor
area is increased by the thresholds listed.]
2.14.1.3 Uses
All uses allowed in the base zoning district shall be allowed in the GC-O except for the
following:
• Manufactured homes parks
• Mining
• Flea markets
• Mini-warehouses
• Pawn shops
• Sexually oriented business
2.14.1.4 Development Standards
A. Driveways
Driveways shall be installed and improved in accordance with SCDOT standards.
B. Outdoor Lighting
1. Where outdoor lighting is provided, it shall be designed, located and mounted at
heights no greater than 18 feet above grade for non-cut-off lights, or 35 feet above
grade for cut-off lights; and located at least 10 feet from side and rear property lines.
2-38
2. No flickering or flashing lights shall be permitted.
C. Outdoor Storage
Outdoor storage shall be located in the side or rear yard and shall be screened from view
of any street with a solid fence and/or landscaping to achieve an opaque screen. Chain
link fences with slats shall not be permitted to achieve opacity.
D. Parking
1. Parking areas shall be located to the side or rear of the principal for all nonresidential uses.
2. Parking shall be paved with concrete, asphalt, or similar paving material.
3. Parking spaces shall be marked.
E. Landscaping
1. A landscaped roadway yard shall be provided. The roadway yards shall start five feet
behind the right-of-way line and shall be a minimum of 10 feet wide. The roadway
yard shall contain the following:
a. Shrubs shall be planted at a minimum rate of 10 shrubs per 50 linear feet of street
frontage (minus the driveway width). At least 75 percent of the required shrubs
shall be evergreen species locally adapted to the area.
b. Street trees shall be planted outside the right-of-way within the street yard at a
minimum rate of one (1) large maturing (canopy) tree per 50 linear feet. If there
are overhead power lines, then a minimum of two (2) small maturing
(ornamental) trees per 50 linear feet may be installed.
2. Any chain link or similar fencing visible from the street must be screened with a
minimum of one (1) shrub or ornamental tree (min. 6 feet tall) every 10 feet.
2-39
2.14.2 Airport Compatibility Overlay (AC-O)
2.14.2.1 Purpose
It is the intent of this district to protect the dual interests of airports and neighboring land
uses, and to:
• Protect and promote the general health, safety, economy, and welfare of airport environs,
• Prevent the impairment and promote the utility and safety of airports,
• Promote land use compatibility between airports and surrounding development,
• Protect the character and stability of existing land uses, and
• Enhance environmental conditions in areas affected by airports and airport operations.
2.14.2.2 Boundaries
The boundaries of an airport district shall be determined by application of the following
zones or sub-districts around the Walterboro-Colleton County Airport or any proposed
airport.
A. Approach Zones
1. Approach zones include all land, which lies directly under an imaginary approach
surface longitudinally centered on the extended centerline at each end of a runway.
The inner edge of an approach surface is at the same width and elevation as, and
coincides with, the end of the primary surface, unless otherwise specified.
2. The dimensions of an approach zone shall be determined on the basis of the
following:
(a) Runway protected zone shall include the area identified on a map of the most
recent Walterboro-Colleton County Airport Plan, which map shall be made a part
of this section.
(b) Visual approach utility runway shall expand outward from the primary surface
uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the
primary surface.
(c) Nonprecision instrument utility runway shall have an established width of 500
feet at the inner edge of the primary surface, and shall expand outward uniformly
to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary
surface.
(d) Runway instrument utility visual approach runway shall extend outward from the
primary surface uniformly to a width of 1,500 feet at a horizontal distance of
5,000 feet from the primary surface.
(e) Runway larger than a utility runway with a visibility minimum greater than three
quarters of one mile nonprecision instrument approach shall expand outward from
the primary surface uniformly to a width of 3,500 feet at a horizontal distance of
10,000 feet from the primary surface.
(f) Runway larger than a utility runway with a visibility minimum as low as three
quarters of one mile nonprecision instrument, approach shall have an established
width of 1,000 feet, and shall expand outward from the primary surface uniformly
to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary
surface.
2-40
(g) Precision instrument runway shall have an established width of 1,000 feet and
shall expand outward from the primary surface uniformly to a width of 16,000
feet at a horizontal distance of 50,000 feet from the primary surface.
B. Transitional Zones
Transitional zones are the areas beneath the transitional surfaces. The dimensions of a
transitional zone shall determined on the basis of the following:
1. Transitional Zone Determination for Airports. Refer to “Height Restrictions for
Transitional Uses.”
2. Transitional Zone Determination for Heliports. These zones extend outward from the
sides of the primary surface a horizontal distance of 250 feet from the primary surface
centerline.
C. Horizontal Zones
The horizontal zone is established by swinging arcs of 5,000 feet radii for utility visual
runways and 10,000 feet radii for all other runways, from the center of each end of the
primary surface of each runway and connecting the adjacent arcs by drawing lined
tangent to those arcs. The horizontal zone does not include the approach or the
transitional zones.
D. Conical Zones
The conical zone is established as the area that commences at the periphery of the
horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.
2.14.4.2 Permitted & Prohibited Uses
The AC district is an “overlay” zone. As such, permitted uses are determined by the
“underlying” or base district. However, these regulations are intended to temper and modify
the use and development standards of the base district to the extent necessary to achieve the
stated purpose of this district. To that end, base district regulations are hereby amended to
prohibit the following:
A. In All Airport Zones. Any use which would:
1. Create electrical interference with navigational signals or radio communication
between the airport and aircraft;
2. Diminish the ability of pilots to distinguish between airport lights and other lights;
3. Result in glare in the eyes of pilots using the airport;
2-41
4. Impair visibility in the vicinity of the airport;
5. Create bird strike hazards, or otherwise in any way endanger or interfere with the
landing, takeoff, or maneuvering of aircraft intending to use the airport.
B. In the Ultimate Runway Protected Zone (See 2006 Walterboro-Colleton County Airport
Plan Map).
1. Single-family residential dwellings, including mobile or manufactured dwellings in
excess of two units per acre;
2. Multi-family dwellings, cluster housing projects, mobile or manufactured home
parks, and group housing;
3. Transient lodging, motels and hotels;
4. Hospitals, sanatoriums, and nursing homes;
5. Schools and day care centers; and
6. Churches, theaters, auditoriums, and similar places of assembly.
2.14.4.3 Height Restrictions
Except as otherwise provided in this title, no structure shall be erected, altered, or
maintained, and no tree shall be allowed to grow in any zone within the airport compatibility
district to a height in excess of the applicable height limits herein established for such zone,
as follows:
A. Approach Zones
Height limitations for approach zones shall be determined for the various runways by
calculating a slope ratio (measured in feet outward and upward) from the end of and at
the same elevation as the primary surface extending along the runway centerline to a
prescribed horizontal distance, as follows:
B. Airport Transitional Zone
Height limits for an airport transitional zone shall be determined by measuring outward
and upward at a 7:1 slope from the sides of and at the same elevation as the approach
surface, and extending to the point of intersection with a horizontal surface or conical
surface.
C. Horizontal Zone
Height limits in the horizontal zone are established at 150 feet above airport elevation.
D. Conical Zone
Height limits in the conical zone are established by measuring from the periphery of the
horizontal zone and at 150 feet above elevation outward and upward at 20:1 slope to a
height of 350 feet above airport elevation.
2-42
Utility visual runway
Utility
nonprecision
instrument approach runway
Runway larger than utility
with visual approach
with
visual
minimum
greater than 3/4 mile,
nonprecision
instrument
approach
with visual minimum as low
as 3/4 mile, nonprescription
instrument approach
Precision
instrument
approach runway
Plus additional
Horizontal
Distance
5,000'
Slope
Ratio
20:1
5,000'
20:1
5,000'
20:l
10,000'
34:1
10,000'
34:1
10,000'
40,000'
50:1
40:1
2.14.4.4 Noise Restrictions
A. Noise restrictions shall apply within the approach zone of a precision instrument runway
only. Private airports and all runways designed for other than precision instrument
landings shall be exempt from the provisions of this section.
B. Where permitted within the approach zone of an airport district, residential dwellings and
portions of buildings where public will be received, shall be structurally designed and
constructed to achieve an outdoor to indoor peak noise level reduction (NLR) of at least
thirty decibels (30 db). All other permitted uses and structures shall be exempt from this
section.
C. Normal construction can be expected to provide an NLR of twenty decibels (20 db), thus
the actual required reduction is only ten decibels (10 db). Lowering the NLR shall be
achieved through incorporation into the design and construction of all proposed uses,
sound insulation materials and methods for improving acoustic insulation performance.
D. A description, of such methods and materials shall accompany all building applications
for uses affected by this section, and shall be subject to approval by the Zoning
Administrator.
2-43
2.14.4.5 Lighting Regulations
No permitted use, subdivision, or project in an airport district shall have outdoor lighting or
illumination arranged and/or operated in such a manner as to be misleading or pose a danger
to aircraft operations.
2.14.4.6 Regulations Applicable to Existing Structures
A. The owner of any existing structure or vegetation that is currently penetrating any
referenced surface within an established airport district shall permit the installation,
operation, and maintenance thereon of whatever markers and lights deemed necessary by
the Federal Aviation Administration, or the South Carolina Aeronautics Commission to
indicate to the operators of aircraft in the vicinity of an airport the presence of an airport
obstruction. These markers and lights shall be installed, operated, and maintained at the
expense of the airport operator.
B. However, the regulations prescribed in this section shall not be construed to require the
removal, lowering, or other change or alteration of any existing structure or tree not
conforming to the regulations as of December 5, 2000, or otherwise interfere with the
continuance of an existing use. Nothing contained herein shall require any change in the
construction, alternation, or intended use of any structure, the construction or alternation
of which was begun prior to December 5, 2000, and is diligently prosecuted.
2.14.4.7 Variances
A. Any person desiring to erect or increase the height or size of any structure not in
accordance with the regulations prescribed in this section may apply for a variance from
such regulations to the Zoning Board of Appeals. The application for a variance shall be
accompanied by a determination from the Federal Aviation Administration as to the
effect of the proposal on the operation of air navigation facilities and the safe, efficient
use of navigable airspace.
B. Additionally, no application for a variance to the requirements of this title may be
considered by the board unless a copy of the application has been furnished to the airport
operator for advice as to the aeronautical effects of the variance. If the airport operator
does not respond to the application within 15 days after receipt, the board may act on its
own to grant or deny the application for a variance.
C. Any permit or variance granted, if such action is deemed advisable to effectuate the
purpose of this title and be reasonable in the circumstances, may be so conditioned as to
require the owner of the structure in question to install, operate, and maintain at the
owner’s expense, such markings and lights as may be deemed necessary by the Federal
Aviation Administration, the South Carolina Aeronautics Commission, and the airport
operator.
2-44
CHAPTER 3:
CONDITIONAL USES
Section
Page
3.1
Purpose …………………………………………………………………………… 3-2
3.2
Conditional Use Regulations……...……………………………………………… 3-2
3.2.1 Accessory Structures ……………………………...……………………….. 3-2
3.2.2 Animal Production………………………………………………………….3-3
3.2.3 Animal Services with Outdoor Kennels…………………………………… 3-3
3.2.4 Automotive Services & Other Repair Services…………………………… 3-4
3.2.5 Bed & Breakfast Inns………………………………………………………. 3-4
3.2.6 Boarding & Rooming Houses……………………………………………… 3-4
3.2.7 Campgrounds & Recreational Vehicle Parks…………………………….... 3-4
3.2.8 Conservation Subdivisions………………………………………………… 3-5
3.2.9 Day Cares………………………………………………………………….. 3-8
3.2.10 Family Care Homes for the Handicapped……………………………..…... 3-8
3.2.11 Family Group Development……………………………………………….. 3-9
3.2.12 Gun Clubs, Outdoor Shooting Ranges & Turkey Shoots………………… 3-9
3.2.13 Heavy Construction Contractors…………………………………………… 3-9
3.2.14 Home Occupations………..………………………….………………..…… 3-9
3.2.15 Hunting & fishing camps………………………………………………...… 3-11
3.2.16 Lumber & Saw Mills………………………………………………………. 3-11
3.2.17 Manufactured Homes (on individual lots)...……………………………….. 3-11
3.2.18 Manufactured Home Parks………………………………………………… 3-12
3.2.19 Manufacturing……………………………………………………………… 3-12
3.2.20 Mining & Extraction ……………..……………………………………….. 3-13
3.2.21 Mixed Use Buildings……...……………………………………………….. 3-14
3.2.22 Multi-Family Residential……………….………………………………….. 3-14
3.2.23 Outdoor Markets…………………………………………….……………... 3-14
3.2.24 Outdoor Storage…………………………………………………………… 3-14
3.2.25 Park Model Trailers (on individual lots)…………………………………… 3-14
3.2.26 Produce Stands…………………………………………………………….. 3-15
3.2.27 Recreational Group Quarters………………………………………………. 3-15
3.2.28 Residential Care Facilities………………………………………………..... 3-15
3.2.29 Salvage Yards, Junkyards, & Recycling Operations……………...……….. 3-15
3.2.30 Seasonal Worker Hosing……………………………………………………3-16
3.2.31 Sexually Oriented Businesses………………………..…………………….. 3-16
3.2.32 Solid Waste Landfill……………………………………………………….. 3-17
3.2.33 Telecommunications Towers………………………………...…………….. 3-17
3.2.34 Temporary Uses……………………………………………………………. 3-18
3-1
CHAPTER 3: CONDITIONAL USES
Section 3.1 Purpose
Colleton County finds that there are certain uses that exist which may be constructed, continued,
and/or expanded provided they meet certain mitigating requirements specific to their design
and/or operation. Such conditions ensure compatibility among other uses. This Chapter specifies
those requirements that must be met by all the uses listed as Conditional Uses in any zoning
district in Chapter 3.
Each use shall be permitted in compliance with all conditions listed for the use in this Chapter.
Certain uses are also classified as Special Exceptions and require approval by the Board of
Zoning Appeals.
Section 3.2 Conditional Use Regulations
3.2.1 Accessory Structures and Uses
A. No mobile home, manufactured home or recreational vehicle shall be used as an accessory
building. No more than one (1) shipping container shall be used as an accessory building.
B. No accessory use shall occupy any part of a bufferyard.
C. Unless specifically provided in Subsection E & G, all accessory uses and structures shall
observe all required setbacks, yard, and other requirements applicable to the principal
building or use for the district within which they are located.
D. If located within the buildable area, accessory buildings shall observe the height limits for
the district within which they are located. If located in a required setback area, said buildings
shall not exceed 12 feet in height.
E. Storage or farm structures of up to 5000 square feet located on parcels 2 acres or greater and
in the RC-2, RC-1, RD-2 or RD-1 zones are exempt from the front yard restriction, provided
they are located no closer than 150 from the front property line; otherwise, no accessory
building may be located in a front yard. Where an accessory building is erected in the
required rear yard on a corner lot, it shall not be located closer to any street than the required
front yard distance.
F. Customarily incidental uses shall be located on the same lot as the principal structure or use.
G. The following table describes allowed setbacks for specific types of residential accessory
uses and structures. Nonresidential accessory structures shall meet the dimensional
requirements for the district in which they are located.
3-2
Accessory
Use/Structure
Allowed
Location
Sheds & structures
for dry storage &
greenhouses
Domestic Animal
Shelters & Pens
Swimming pools,
tennis courts, and
recreational uses
Side or rear
yard*
Required
Setback
Other
3 feet from
property line
none
10 feet from
property line
10 feet from
property line
none
Rear yard
Rear yard setback
& side yard setback
Rear yard setback
Ground supported
communication &
reception antennas
Fences & walls
Side or rear
yard
Rear yard & side
yard setback
5 feet from
property line
All yards
All yard setbacks
Along property
line
Boat houses &
docks
All yards
All yard setbacks
Along property
line where line
meets water’s
edge
Rear yard
Allowable
Encroachment
into Principal
Structure
Setbacks
Rear yard setback
All lighting shall
be shielded or
directed away
from adjoining
residences
none
If > 8 feet,
Variance from
BZA
none
*See Condition E of Section 3.2.1 Accessory Structures.
3.2.2 Animal Production
A. No livestock shall be kept on less than one (1) acre of land.
B. All livestock shall be kept within a fenced area. Any structure used for boarding or feeding
livestock shall be located not less than 75 feet from any property line. Structures for
boarding or feeding livestock existing at the time of adoption of this ordinance are exempt.
C. This Section shall not apply to cats, dogs, rabbits, small potbellied pigs, chickens (not to
exceed twenty-three (23) in number) or other similar household pets. Exotic pets are
excluded from this list.
D. All commercial livestock operations, including poultry, are required to meet SCDHEC
regulations for operation.
3.2.3 Animal Services with Outdoor Kennels
A. In any place or premises, used in whole or in part for the purpose of keeping, housing, or
raising twenty-four (24) or more animals in any combination whether the animals are
boarded, are pet animal rescues, or are household pets, the animals shall be kept a minimum
of three hundred (300) feet from any property line, and the place or premises shall meet in
full the screening requirements of Section 4.2 for commercial buffers.
B. All kennels shall be located only in the rear or side yard area of any lot.
3-3
3.2.4 Automotive Services or Other Non-automotive Repair Services
A. Gas station pumps or other appliances shall be set back at least 10 feet from the property
line, and all service, storage, or similar activities connected with such use shall be conducted
entirely within the premises.
B. Wrecked, damaged or inoperable vehicle, boat, heavy equipment, appliances, or aboveground fuel storage tanks shall be located behind the principal structure and shall not be
visible from any public right-of-way. Such areas shall be screened in accordance with
Section 4.2.6 within twelve (12) months of the adoption of the Ordinance.
C. A permanent structure with permanent restroom facilities must be provided for and located
on the premises.
D. No outdoor sound system shall be permitted which can be heard beyond the boundaries of
the property.
E. No vehicle, boat, equipment, or manufactured home shall be stored or displayed within the
right-of-way of any public street.
3.2.5 Bed & Breakfast Inns
Bed and breakfast inns are intended to provide a unique transit lodging experience in
predominantly residential environs. As a result, care should be taken to protect the environs that
contribute to the experience of such lodging while promoting their use. Toward this end, bed and
breakfast inns, where permitted by this title, shall:
A. Be occupied by the resident/owner.
B. Serve no regularly scheduled meal other than breakfast.
C. Maintain the interior architectural integrity and arrangement of the structure and shall not
increase the number of guestrooms above the number of bedrooms in the original structure.
D. Maintain the exterior architectural integrity of the structure and grounds and make changes
only if compatible with the character of the surrounding area.
E. Provide off-street parking on the basis of one space per guest room, plus two spaces for the
resident innkeeper; further provided that sufficient off-street parking space shall be available
on site to accommodate private gatherings, where proposed by the applicant.
F. Be permitted one non-illuminated identification sign, not to exceed four square feet in area.
3.2.6 Boarding & Rooming Houses
A. The maximum number of guest bedrooms shall be six (6).
B. The boarding house shall be operated by a resident manager.
C. The use shall be located in a structure which was originally constructed as a dwelling.
D. The use shall contain only one (1) kitchen facility. Meals served on the premises shall be
only for overnight residents and guests of the facility.
3.2.7 Campgrounds & Recreational Vehicle Parks
A. The site shall be at least three (3) acres.
B. The site shall be developed in a manner that preserves natural features and landscape.
C. The following dimensional requirements shall serve as parameters beyond which
development shall not exceed.
1. Maximum impervious surface ratio shall not exceed fifteen percent (15%) of the project
site.
3-4
2. Minimum setbacks for all structures and recreational vehicles shall be:
• Street Frontage: 100 feet
• All other property lines: 50 feet
3. Maximum density shall not exceed 10 vehicles per acre.
4. Buffer yards shall meet the requirements of Section 4.2 for commercial uses.
D. Areas designated for parking and loading or for trafficways shall be physically separated
from public streets by suitable barriers against unchanneled motor vehicle ingress and egress.
All driveways shall be located at least 150 feet from any street intersection and shall be
designated in a manner conductive to safe ingress and egress.
E. All streets within RV parks shall be private and shall comply with the requirements of the
Land Development Regulations.
F. Each park site shall be serviced by public water and sewer or other systems approved by
DHEC.
3.2.8 Conservation Subdivisions
Conservation Subdivision is a type of subdivision (5 acres or greater) that is designed to preserve
agricultural and forestry lands, natural and cultural features, and rural character that would be
likely lost through conventional development approaches. Lot sizes in residential districts may
be reduced subject to the following requirements:
A. The development density shall not exceed the overall density permitted in the zoning district
in which the development is located. A Yield Plan shall be provided at the pre-application
conference. The purpose of the Yield Plan is to determine the maximum permissible density
of the subject property. Permissible density shall be calculated using the underlying zoning
district(s). Yield Plans shall be conceptual in nature and are not intended to involve
significant engineering costs, they shall be realistic and not show development in areas that
would not ordinarily be legally permitted in a conventional layout (i.e. the location of streets
or residential lots in wetland areas).
B. A minimum of 50 percent of the total area of the development shall be set aside in Common
Open Space.
C. Each Site Plan for a Conservation Subdivision shall follow a four-step design process as
described below. When the conceptual Site Plan is submitted, applicants shall be prepared to
demonstrate to the County that these four design steps were followed by their site designers
in determining the layout of their proposed streets, house lots and greenway lands.
1. During the first step all potential Conservation Areas (both Primary and Secondary) shall
be identified, using an Existing Conditions Survey. Primary Conservation Areas shall
consist of wetlands and other environmentally protected areas. Secondary Conservation
Areas shall include the most sensitive and noteworthy natural, scenic and cultural
resources.
3-5
FIG 3.1: EXAMPLE OF AN EXISTING CONDITIONS SURVEY
Source: Southeastern Wisconsin Regional Planning Commission (SEWRPC). “Conservation Subdivision Design.”
2002. http://www.sewrpc.org/ca/ conservationsubdivisions/pdfs/conservation_subdivision_design_process.pdf
2. During the second step, potential house sites are tentatively located. Because the
proposed location of the houses within each lot represents a significant decision with
potential impacts on the ability of the development to meet the Subdivision applicants
shall identify tentative house sites on the conceptual Sketch Plan. House sites should
generally be located not closer than 30 feet to Primary Conservation Areas.
3. The third step consists of aligning proposed streets to provide vehicular access to each
house in the most reasonable and economical way. When lots and access streets are laid
out, they shall be located in a way that avoids, or at least minimizes, adverse impacts on
both the Primary and Secondary Conservation Areas. Wetland crossings shall be
avoided. Street connections shall be provided to minimize the number of cul-de-sacs and
to facilitate easy access to and from homes in different parts of the property (and on
adjoining parcels).
4. The fourth step is simply to draw in the lot lines where applicable. Setbacks are to be
identified but in no case shall be less than 5 feet from any property line.
5. All final plats are subject to review and approval by the Director of Planning and
Development for compliance with the terms of this section.
3-6
FIG. 3.2: EXAMPLE OF CONVENTIAL SUBDIVISION VS.
CONSERVATION SUBDIVISION
Conventional
Subdivision with
Minimum Lot Sizes
(yield plan)
Conservation
Subdivision with
Maximum Density
3-7
3.2.9 Day Cares
The following shall apply to day cares not operated as a home occupation:
A. The facility must be registered or licensed by the State of South Carolina, as appropriate.
B. There must be provided at least 100 square feet of outdoor play area for each child. This play
area must be fenced to a height of at least four (4) feet.
C. All play equipment shall be located in the fenced area. Front yards shall not be used as
playground areas.
D. Hours of operation shall be limited to 6:00 a.m. to 8:00 p.m. Where a day care is allowed as
a Special Exception, the hours of operation may be specified by the Board of Zoning
Appeals.
E. In residential districts, no parking area shall be permitted in the required setbacks, except that
driveways providing ingress and egress to the parking area may be installed across the
setback area.
F. For the loading and unloading of children, there shall be one space separate from parking for
each 20 children enrolled, or fraction thereof.
3.2.10 Family Care Homes for the Handicapped
In accordance with SC Code 6-29-770(E) Family Care Homes for the Handicapped are deemed
residential uses and are permitted in all districts where single-family residential homes are
permitted subject to the following conditions:
A. No more than nine (9) mentally or physically handicapped residents other than the
homeowner and the homeowner’s immediate family are permitted to live in a Family Care
Home.
B. The operator of the home shall give prior notice to the local governing body advising of the
exact site of the proposed home. The notice must identify the individual responsible for site
selection.
C. If the County objects to the selected site, it must notify the individual responsible for site
selection within 15 days of receiving notice and must appoint a representative to assist in
selecting a comparable alternate site. This triggers the following:
1. The site selection representative of the entity proposing the project and the County
representative select a third mutually agreeable person.
2. The three (3) people have 45 days to make a final site selection by majority vote.
3. This final site selection is binding for both the proposing entity and the governing body.
4. In the event that no selection has been made at the end of the 45 day period, the entity
selecting the site may select the site without further proceedings.
D. A home shall be licensed with the State of South Carolina before operating.
E. Prospective residents of these homes must be screened by the licensing agency to ensure that
the placement is appropriate.
F. The licensing agency shall conduct reviews of these homes no less frequently than every six
(6) months for the purpose of promoting the rehabilitative purposes of the homes and their
confirmed compatibility with their neighborhoods.
G. No exterior signage is permitted.
H. No lockdown, violent, or dangerous residents.
I. Only incidental and occasional medical care may be provided.
3-8
3.2.11 Family Group Development
A. Family group developments may incorporate the houses of family members related by blood,
marriage, or adoption on a single lot of record.
B. The maximum number of houses allowed shall correspond to the maximum density of the
zoning district for the use is proposed, up to a cap of six (6) units per lot of record. A Special
Exception is required for any family group development that exceeds this threshold.
C. Each house shall be accessed by a driveway of at least 15 feet wide for the passage of
emergency personnel.
D. A notarized declaration shall be recorded at the Colleton County Register of Deeds stating
that the land will not be subdivided in the future unless all of the requirements of the Zoning
Ordinance and Land Development Regulations are met.
3.2.12 Gun Clubs, Outdoor Shooting Ranges & Turkey Shoots
The unique nature of this use is such that the following criteria shall be observed in siting any
such use in Colleton County.
A. It shall be located west of I-95 and no closer than one (1) mile to any existing residential use.
Gunfire shall be oriented away from habitable areas.
B. The site upon which the use is proposed shall be suitable in size and topography to ensure
the safety of surrounding residents.
C. Seasonal “Turkey Shoots”
Separately, turkey shoots are temporary in nature, not lasting more than 60 days, shall meet
the following requirements:
1. Gunfire shall be located no closer than 500 feet from any residential use, and no gunfire
shall be allowed from 11:00 p.m. until 8:00 a.m.
2. Gunfire shall be oriented no closer than one-half (1/2) mile towards any residential use.
This requirement may be reduced by the placement of projectile absorbing barriers
approved by a licensed engineer to contain projectiles within the property being used for
the turkey shoot.
3. A site plan must be submitted to the Zoning Administrator illustrating the shooting range,
the orientation of fire, and distances to adjacent residential uses. The site upon which the
turkey shoot use is proposed shall be suitable in size and topography to ensure the safety
of the surrounding residents.
4. Turkey shoots shall be allowed in the UD-2, RD-1, RD-2 and RC-1 zoning districts as a
conditional use.
3.2.13 Heavy Construction Contractors
All outdoor storage of materials and equipment associated with a heavy construction contractor
business shall be set back a minimum of 25 feet from the property line and screened in
accordance with Section 4.2.4.
3.2.14 Home Occupations
3-9
3.2.14.1 Customary Home Occupations (RS & UD-1 district only)
A. The home occupation shall be carried on wholly within the dwelling.
B. The floor area dedicated to such use shall not exceed 25 percent of the floor area of the
principal building, up to 400 square feet.
C. No signs shall be allowed.
D. No merchandise or articles shall be displayed so as to be visible from outside the
building.
E. No more than one (1) person not residing in the residence shall be employed on site.
F. There is no alteration whatsoever of the residential character of the building(s) and/or
premises.
G. The occupation shall not involve the retail sale of merchandise manufactured off the
premises.
H. Only vehicles used primarily as passenger vehicles, including vans and pick-up trucks
shall be permitted in connection with the conduct of the customary home occupation.
I. Chemical, mechanical, or electrical equipment that creates odors, light emission, noises,
or interference in radio or television reception detectable outside the dwelling unit or
accessory building shall be prohibited.
J. Customary home occupations may be in operation at any time between the hours of 7:00
A.M. and 8:00 P.M.
3.2.14.2 Child Care Home Occupation
In addition to the requirements for a Customary Home Occupation, the following
requirements shall apply to a Child Care Home Occupation:
A. Child Care Home Occupations shall be limited to a maximum of six (6) children in
addition to any children of the operator.
B. A minimum of 100 square feet of outdoor play area per child shall be provided in the
rear yard. This area shall be fenced to a minimum height of four (4) feet.
3.2.14.3 Rural Home Occupations
For residential lots located in the RC-1, RC-2, RD-1, RD-2, and UD-2 districts:
A. A home occupation may be carried on within a dwelling or an accessory building to a
dwelling, not to exceed 400 square feet. Any accessory building used for a rural home
occupation shall meet the principal structure setbacks for the district.
B. The operator of the rural home occupation must reside on the property
C. The rural home occupation shall be incidental to the use of the property for a principal
dwelling.
D. There shall be no external storage of goods or materials, including disabled automobiles
and trucks, visible from the road.
E. No more than one (1) person not a resident of the dwelling shall be employed on site.
F. Rural home occupations include, carpentry, metal working, electrical, welding,
plumbing, repair shops, professional and technical services, insurance and real estate
services, personal care services, and retail, excluding the sale of fire arms.
G. The occupation shall not involve the retail sale of merchandise manufactured off the
premises.
H. Only vehicles used primarily as passenger vehicles, including vans and pick-up trucks
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I.
shall be permitted in connection with the conduct of the rural home occupation.
Rural home occupations may be in operation at any time between the hours of 7:00 A.M.
and 8:00 P.M.
3.2.14.4 Auto Repairs & Sales Home Occupations
A. The repair of an automobile or motor vehicle at a place of residence is subject to the
following restrictions:
1. Only minor repairs and maintenance may be performed, which for the purposes of
this Subsection are defined as the
• changing and replenishment of fluid levels, such as hydraulic fluid, windshield
washer fluid, and lubricating oil
• replacement of sparkplugs and ignition points
• rotation of tires and checking of adequate pressure
• replacement of drive belts and hydraulic lines
2. Any other repairs shall be restricted to totally enclosed spaces and only accomplished
on privately registered vehicles having current state license plats, or motor vehicles
designated by the state as qualifying for any antique or horseless carriage designation.
B. The sale of automobiles at a place of residence is subject to the following restrictions:
1. No more than two (2) vehicles at any given time.
2. The vehicle may be displayed by appropriate window or other attached signage.
3. The vehicle and associated signage may not be located in the street right-of-way.
3.2.15 Hunting & Fishing Camps
A. Hunting and fishing camps shall be a minimum of 10 acres.
B. A maximum of eight (8) recreational vehicles are permitted. However, no recreational
vehicle may be parked on the property for more than nine (9) months per calendar year.
C. Any recreational vehicle or structure shall be set back a minimum of 150 feet from any
property line.
3.2.16 Lumber & Saw Mills
All outdoor storage of materials and equipment associated with a lumber or saw mill business
shall be set back a minimum of 200 feet from the property line and screened in accordance with
Section 6.2.6.
3.2.17 Manufactured Homes (on individual lots)
Manufactured homes on individual lots shall:
A. Be built according to the Federal Manufactured Housing Construction and Safety Standards
Code (245 CFR 3280), enacted June 15, 1976. Manufactured housing built prior to the
effective date of the code shall not be permitted for reasons of safety.
B. Be installed in accord with the Manufacture’s Installation Manual. In the absence of such a
manual, the home must be installed in accord with the requirements of the South Carolina
Manufactured Housing Board Regulations.
C. Be under-skirted around the entire home with brick, masonry, vinyl, or similar materials
designed and manufactured for outdoor installation.
D. Have landing steps installed or constructed at each exterior doorway, in accord with
applicable building codes.
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E. Be provided with a sanitary sewer system approved by DHEC.
F. Be served by a separate electric meter. It shall be unlawful for any such home to receive
electricity except by use of this separate meter. It shall be unlawful for any public utility or
electrical supplier to connect power to any manufactured home in the absence of all
approved permits.
3.2.18 Manufactured Home Parks
The establishment and operation of a manufactured home park shall comply with the following
design and development standards:
A. The park site shall not be less than two (2) acres, and have not less than 200 feet frontage on
a publicly maintained street or road.
B. The park shall be served by public water and sewer systems or other systems and refuse
disposal facilities, plans of which shall be approved by local DHEC officials. A storm
drainage plan is required and subject to compliance with Section 5.7.12 of the Colleton
County Land Development (Subdivision) Regulations.
C. All manufactured home spaces shall abut upon an interior all weather roadway subject to
Section 5.7.11.1 of the Colleton County Land Development (Subdivision) Regulations and
shall have unobstructed access to a public street or road.
D. All on-site roadway intersections shall be provided with a street light.
E. Each individual home site shall be at least 25 feet from any other site and at least 25 feet
from the right-of-way of any street or drive providing common circulation.
F. All homes shall be installed in accord with the installation requirements of the South
Carolina Manufactured Housing Board Regulations.
G. Not less than 15 percent of the park site shall be set aside and developed for common open
space and recreation usage.
H. Permanent space numbers shall be provided on each manufactured home space and shall be
located so as to be visible from the street or driveway. Signs identifying space locations shall
be provided at each street or driveway intersection.
I. The maximum number of manufactured home spaces shall not exceed eight (8) per acre.
J. Two (2) parking spaces shall be provided for each designated manufactured home space.
Parking may be provided at the designated space or in community parking areas.
K. Existing trees and other natural site features shall be preserved to the extent feasible.
L. Bufferyards shall be provided on the perimeter of the park or court in accord with the
requirements of Section 4.2.
M. The zoning permit may be revoked by the Zoning Administrator for a violation of this title or
other applicable ordinances and regulations governing the operations of such uses.
N. A site plan showing the above required data, and in all other respects meeting the minimum
requirements for a building permit shall accompany all applications to establish a
manufactured home park.
O. All pre-existing manufactured home parks at the time of the adoption to this Ordinance are
considered nonconforming uses, and any expansions must comply with these requirements.
3.2.19 Manufacturing
All proposed manufacturing uses shall meet the following performance standards:
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A. The emission of visible smoke, dust, dirt, fly ash, particulate matter from any pipes, vents, or
other openings, or from any other source into the air, shall comply with the regulations of the
South Carolina department of health and environmental control.
B. There shall be no emission of odorous gases or other odorous matter in such quantities as to
be offensive at the property line. Any process, which may involve the creation or emission of
any such odor, shall be provided with both a primary and a secondary safeguard system so
that control may be maintained in the event of failure of the primary safeguard system.
C. There shall be no direct or sky reflected glare, whether from floodlights, high temperature
processing, combustion, welding or otherwise, so as to be visible in any residence.
D. There shall be no emission of any fumes or vapors of a noxious, toxic or corrosive nature,
which can cause damage or irritation to health, animals, vegetation, or to any form of
property.
E. Activities which could produce any adverse affect on the temperature, motion or humidity of
the atmosphere beyond the lot line shall not be permitted.
F. The applicant of a permit for any facility which would utilize toxic matter in the process of
manufacturing, fabricating, assembling, packaging, or any related activity, shall provide with
the application a certificate from the South Carolina Department of Health and
Environmental Control, indicating compliance with the rules and regulations of such agency.
G. All outdoor light fixtures shall be fully shielded and installed in such a way that no light is
emitted above a horizontal plane running through the lowest part of the fixture. Low-pressure
sodium should be used wherever possible. The pattern of light pooling from each light
source shall be carefully considered to avoid throwing light onto adjacent properties. Light
sources visible in residential or medical areas shall not exceed one-tenth-foot candles. Light
sources visible in other areas shall not exceed one-half-foot candles. Measurements shall be
in a vented plane at the property line.
H. The applicant of a permit for a manufacturing or processing plant which would produce any
of the above “objectionable elements” shall acknowledge in writing his understanding of the
performance standards applicable to the proposed use and shall submit with the permit
application, an agreement to conform with such standards at all times. Any violation of the
agreement shall constitute a violation of this title and shall be treated accordingly.
Enforcement of this agreement shall be precipitated by complaint from any person allegedly
aggravated by failure of the industrial use to comply with the provisions of this section.
Where there is a potential problem in complying with any one of these performance criteria
in this section, the applicant shall be required to mitigate to the satisfaction of the Zoning
Administrator any potential adverse impacts of such operation and/or request a variance
before the Board of Zoning Appeals.
3.2.20 Commercial Mining & Extraction
A. Minimum lot size shall be five (5) acres.
B. All land disturbing activity shall be located at least 100 feet from any property line and at
least 500 feet from any existing residential use, religious or civic institution use, community
service use, day care use, school, or public park.
C. All extractive uses shall be surrounded by a solid fence or berm that is at least eight (8) feet
high, located no less than 100 feet from any public right-of-way, and located no less than 50
feet from any adjacent property.
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D. Blasting may only be conducted between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday.
E. Operations shall not create any smoke, odors, or dust at a level which creates a nuisance to
any person of normal sensitivities at the property line.
3.2.21 Mixed Use Buildings
Dwellings in a mixed use building shall not be located on the ground floor.
3.2.22 Multi-Family Residential
A. Such projects shall have a minimum of one (1) acre.
B. Not more than eight (8), nor fewer than three (3) townhouses may be joined together, with
approximately the same (but staggered) front line.
C. Minimum distance between buildings shall be not less than twenty (20) feet.
D. Minimum lot width shall be 18 feet.
E. Sidewalks not less than four (4) feet in width shall be provided along the front property line
of each project and building.
F. Not less than ten 10 percent of the project site shall be diverted to common open space.
G. No building shall exceed a length of 150 feet.
H. All sanitary containers shall be completely screened from view of the street and adjacent
properties with fencing and/or landscaping.
3.2.23 Outdoor Markets (including Farmers Markets, Flea Markets, etc.)
A. Any sales of items where booths or spaces may be rented to individuals or businesses that
take place on the same property or by the same organizer(s) more than four (4) days per
calendar year shall be considered an outdoor market.
B. All sales shall take place under cover of an approved structure or tent.
C. Approved SCDHEC restroom facilities shall be provided. These facilities shall not be
located between the permanent structure or tent and the street right-of-way and shall be
screened from view.
D. Trailers for delivery or pick-up may be stored temporarily on-site for not more than three (3)
days at a time and shall be to the rear of the permanent structure.
E. When the outdoor retail market is not open for business, all items shall be removed or
screened from view of the street and any adjacent residentially zoned properties.
3.2.24 Outdoor Storage
Outdoor storage as an accessory use may be permitted provided such storage area does not
occupy over 20 percent of the buildable area of the lot, is not located in any required setback
area, and is screened from public view as set forth in Section 4.2.4.
3.2.25 Park Model Trailers (on individual lots)
A park model trailer may be located on a parcel of land zoned as permitted in Chapter 2 for an
indefinite period of time for seasonal, temporary, non-primary residential use under the
following conditions:
A. It must be registered with the County and placed on the tax roll as real property with a
recorded affidavit by the applicant stating that the unit is not a primary residence.
B. It must not be located on or in any floodway or flood hazard area.
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C. It must be provided with an SCDHEC-approved water supply and sanitary sewer.
D. It must be under skirted around the entire home with brick, masonry, vinyl, or similar
materials designed and manufactured for outdoor installation.
E. It must have landing steps installed or constructed at each exterior doorway, in accordance
with applicable building codes.
3.2.26 Produce Stands (year-round and permanent)
A. All produce sold on a lot under the same ownership as the lot upon which the produce stand
is located is exempt for the provisions of this Ordinance.
B. Produce stands shall be considered temporary uses and shall follow the special requirements
for temporary uses.
3.2.27 Recreational Group Quarters
A. Recreational group quarters are located on lands intended for outdoor recreational purposes
in combination with on-site, permanent residential quarters including but not limited to
single-family homes, lodges and cottages.
B. A minimum of 100 acres is required.
C. Accessory uses and structures including golf courses, marinas, horse stables, trails, tennis
courts, hunting preserves and alike are permitted.
D. All structures shall be set back a minimum of 500 feet from any property line.
E. Hotels, motels, condominiums, and townhomes are not permitted.
3.2.28 Residential Care Facilities
A. A minimum of two (2) acres is required for a residential care facility.
B. Structures shall be setback a minimum of 50 feet from all property lines.
C. Residential care facilities shall be located within 2 miles of any acute care hospital.
3.2.29 Salvage Yards, Junkyards, & Recycling Operations
The location of these uses shall be regulated by the following:
A. No such use shall be located closer than 500 feet to any residential use, church, school,
historical place or public park or within 50 feet of a public street right-of-way.
B. No material because it is discharged and incapable of being reused in some form shall be
placed in open storage.
C. No material shall be placed in open storage in such a manner that it is capable of being
transferred out by wind, water, or other causes.
D. All paper, rags, cloth and other fibers, and activities involving the same other than loading
and unloading shall be within fully closed buildings.
E. All materials and activities not within fully enclosed buildings shall be enclosed by an
opaque fence or wall or vegetative material, excluding points of ingress or egress, at least
eight (8) feet in height. No items may be stacked in a manner so that they protrude above the
top of the opaque screen within 50 feet of the screen.
F. Disposal of garbage unrelated to motor vehicles shall be in an approved container and
regularly maintained. Open dumping of garbage shall be prohibited.
G. Disposal of toxic/hazardous matter is prohibited anywhere without a state permit.
H. Storage of items shall be so arranged as to permit easy access for fire fighting purposes.
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3.2.30 Seasonal Worker Housing
A. Seasonal worker housing shall be permitted on agricultural land of greater than 20 acres.
B. Seasonal worker housing shall be either permanent residential structures built to South
Carolina Building Code, HUD approved manufactured homes, or park model homes.
Recreational vehicles may only be used for seasonal worker housing if they are located on
the property no more than 3 months per calendar year.
C. There shall be a minimum 30 foot easement and driveway to the housing that is suitable for
access by emergency personnel.
D. All seasonal worker housing shall be set back a minimum of 100 feet from all property lines.
E. The farm operator shall provide a site plan showing the proposed location of seasonal worker
housing.
F. Sanitary sewer and water supply shall be provided.
3.2.31 Sexually Oriented Businesses
A. It is the purpose of this section to regulate sexually oriented businesses to promote the health,
safety, morals and general welfare of the citizens of Colleton County, and to establish
reasonable and uniform regulations to prevent the continued deleterious location and
concentration of sexually oriented businesses within the County. The provisions of this
Section have neither the purpose nor effect of imposing a limitation or restriction on the
content of any communicative materials including sexually oriented materials. Similarly, it
is not the intent or effect of this Section to restrict or deny access by adults to sexually
oriented materials protected by the First Amendment, or to deny access by the distributors
and exhibitors of sexually-oriented entertainment to the intended market. Neither is it the
intent of this Section to condone or legitimize the distribution of obscene material.
B. The County has conducted an extensive review of land use studies concerning the secondary
effects of sexually oriented businesses in other cities including, Palm Beach Co., FL (2007),
Ellicottville, NY (1998), Cleburne, TX (1997), Dallas, TX (1997), Houston, TX (1997),
Newport News, VA (1996), New York, NY (1994), St. Croix Co., WI (1993), Oklahoma
City, OK (1992), Garden Grove, CA (1991), Tucson, AZ (1990), Indianapolis, IN (1984).
C. The clear conclusions to be drawn from these reports are that in areas surrounding adultentertainment establishments crime increases, property values decrease, and the quality of
life for residents declines. Specifically, the reports indicate that sex related crimes and
property crimes increase significantly in close proximity to sexually oriented businesses,
including prostitution, pandering, exposing minors to harmful materials, possession and
distribution of obscene materials and child pornography, possession and distribution of
controlled substances and violent crimes against persons and property. Owing to the
potentially objectionable operational characteristics of sexually oriented or adult uses, and
the deleterious effect of such uses on existing businesses and/or residential areas around
them, the location of such uses, where permitted by Chapter 2 Zoning Districts, shall be
tempered by the supplemental siting criteria of this section.
D. No such use shall be located within 1,000 feet (measured in a straight line, without regard to
intervening structures or objects, from the nearest property line of any lot on which a
building or structure from which any part is used as a sexually oriented business to the
property line of the uses listed and documented on a map drawn to scale) of:
1. A residence or an RS Zone,
2. A church or religious institution,
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E.
F.
G.
H.
I.
J.
K.
3. Public or private schools and educational facilities,
4. Public parks and recreational facilities,
5. U.S. Highway 15, 17A, 17, and 21, and S.C. Highways 61, 63, 64, 174, 303, 641, and the
Walterboro Bypass, and Interstate 95,
6. Another sexually oriented business, or
7. Daycare facilities.
8. Licensed nursing home
It shall be a misdemeanor for a person to operate a sexually oriented business without a valid
permit, issued by the responsible governing authority for the particular type of business. An
application for a permit must be made on forms provided by the County Planning and
Development Department. The premises must be inspected and found to be in compliance
with the law by health, fire and building officials.
Each permit shall expire at the end of each calendar year and may be renewed only by
making application as provided herein.
The annual fee for a sexually oriented business permit shall be $1,000.
An applicant or permittee shall allow representatives of the County Planning and
Development Department, County Sheriff’s Office, SCDHEC or Colleton County FireRescue or other governmental departments or agencies involved in code enforcement to
inspect the premises of a sexually oriented business for the purpose of ensuring compliance
with the law, at any time it is occupied or open for business.
A person who operates a sexually oriented business or his/her agent or employee commits a
misdemeanor if he/she refuses to permit such lawful inspection of the premises at any time it
is occupied or open for business.
The Zoning Administrator shall suspend a permit and/or license for a period not to exceed
thirty (30) days if he determines that a permittee and/or licensee has:
1. Violated or is not in compliance with any section of this title, or
2. Refused to allow an inspection of the sexually oriented business premises as authorized
by this section.
Revocation. The Zoning Administrator shall revoke a permit and/or license if he/she
determines that:
1. A permittee gave false or misleading information in the material submitted to the
Planning and Development department as part of the application process.
2. A permittee or an employee has knowingly allowed possession, use or sale of controlled
substances on the premises.
3. A permittee or an employee has knowingly allowed prostitution on the premises.
4. A permittee or an employee knowingly operated the sexually oriented business during a
period of time when the permittee’s permit and/or license was suspended.
5. A permittee or an employee has knowingly allowed any act of sexual intercourse,
sodomy, oral copulation, masturbation, or other sexual conduct to occur in or on the
permitted premises.
6. On two or more occasions within a 12 month period, a person or persons committed an
offense, occurring in or on permitted premises, constituting a “specified criminal act” for
which a conviction has been obtained, and the person or persons were employees of the
sexually oriented business at the time the offenses were committed. The fact that a
conviction is being appealed shall have no effect on the revocation of the permit.
7. A permittee is delinquent in payment to the county for any taxes or fees past due.
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3.2.32 Solid Waste Landfills
3.2.32.1 Sanitary Landfills
A. Sanitary landfills shall be located no closer than 1,000 feet to any existing residential,
recreational, religious, educational, medical or public use (measured in a straight line).
B. A geotechnical engineering firm approved by the Zoning Administrator shall render a
written opinion that, to the best professional judgment, the formations being used to
contain the waste are impermeable and that surrounding ground water sources will not be
contaminated.
C. The facility shall be enclosed by an opaque fence or wall structure on all sides visible
from the street serving the facility and an opaque cyclone fence on the remaining
unexposed boundaries.
D. A plan showing restoration of the site on completion of use as a landfill shall accompany
the request.
3.2.32.2 Construction and Demolition Landfill
A. A construction and demolition landfill may be located up to, but not closer than 300 feet
from any property line, except such landfill shall not be located closer than 300 feet from
any dwelling, school building, day care center, religious, recreational, or medical facility.
B. No material shall be placed in open storage or areas in such a manner that it is capable of
being transferred out by wind, water, or other causes.
C. All materials and activities shall be screened in such fashion as not to be visible form offsite. The provisions of this subsection may be waived by the Zoning Administrator where
such facility will be utilized for a period not to exceed 90 days.
D. The site shall be restored and re-vegetated on completion of use as a landfill.
3.2.33 Telecommunications Towers
A. All new towers shall be designed to accommodate additional antennas equal in number to the
applicant’s present and future requirements.
B. All applicable safety code requirements shall be met.
C. Towers or antennas shall not be painted or illuminated unless otherwise required by state or
federal regulations.
D. No tower shall be located in the marsh or any wetlands.
E. No tower or antenna shall be located within one thousand (1,000) feet of an existing tower or
antenna, except where the applicant certifies that the existing tower does not meet the
applicant’s structural specifications and applicant’s technical design requirements, or that a
co-location agreement could not be obtained.
F. Towers or antennas shall be exempt from the maximum height requirements, except as
provided in Section 2.1.6.3.
G. Tower or antennas shall be located such that adequate setbacks are provided on all sides to
prevent the tower’s fall zone from encroaching onto adjoining properties. Should this fall
zone encroach onto another property, a recorded easement may be prepared and signed by
the adjacent property owner to ensure that no structure will be built within the fall zone.
H. Permit requirements for the erection or replacement of a tower or antenna shall be
accompanied by the following:
1. One copy of typical specifications for proposed structures and antenna, including
description of design characteristics and material.
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2. A site plan drawn to scale showing property boundaries, tower location, tower height,
guy wires and anchors, existing structures, fall zone (as determined by a structural
engineer, licensed and certified in South Carolina), photographs or elevation drawings
depicting typical design of proposed structures, parking, fences, landscape plan, and
existing land uses on adjacent property; [site plan not required if antenna is to be
mounted on an approved existing structure].
3. A current map or update of an existing map on file, showing locations of applicant’s
antenna, facilities, existing towers, and proposed towers which are reflected in public
records, serving any property.
4. Identification of the owners of all antennae and equipment to be located on the site.
5. Written authorization from the site owner for the application.
6. Evidence that a valid FCC license for the proposed activity has been issued.
7. A line of sight analysis showing the potential visual and aesthetic impacts on adjacent
residential districts.
8. A written agreement to remove the tower and/or antenna within 120 days after cessation
of use.
9. A certificate from a registered engineer that the proposed facility will contain only
equipment meeting FCC rules, together with written indemnification of the affected
government and proof of liability insurance or financial ability to respond to claims up to
one million dollars ($1,000,000.00) in the aggregate which may arise from operation of
the facility during its life, at no cost to the county.
3.2.34 Temporary Uses
3.2.34.1 General Provisions for all Temporary Uses
A. The Zoning Administrator is authorized to issue a permit for temporary uses as specified
in this section. No temporary use may be established without receiving such permit and
shall be valid for up to 30 days unless otherwise specified in this Section.
B. Temporary use permits may be renewed no more than twice within one (1) calendar year,
provided that such use will not create traffic congestion or constitute a nuisance to
surrounding uses. Any temporary use that is determined to be creating a nuisance or
disruption may have its temporary permit revoked by the Zoning Administrator.
C. Only 4 temporary uses and/or structures per lot in a calendar year.
D. Temporary uses and structures from which temporary uses are operated shall be removed
from the site after the temporary permit has expired.
E. All temporary uses shall:
1. Not be detrimental to property or improvements in the surrounding area or to the
public health, safety, or general welfare;
2. Be compatible with the principal uses taking place on the site;
3. Not have substantial adverse effects or noise impacts on any adjoining permanent
uses or nearby residential neighborhoods;
4. Not include permanent alterations to the site;
5. Meet all the setbacks of the underlying base and overlay zoning districts;
6. Comply with the maximum signage size for temporary signs.
7. Not maintain temporary signs associated with the use or structure after the activity
ends;
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8. Not violate the applicable conditions of approval that apply to a site or use on the site;
9. Not interfere with the normal operations of any permanent use located on the
property; and
10. Contain sufficient land area to allow the temporary use, structure, or special event to
occur, as well as adequate land to accommodate the parking and traffic movement
associated with the temporary use, without disturbing environmentally sensitive
lands.
3.2.34.2 Carnival, Fair, or Circus
A. The total amount of required off-street parking spaces shall be determined by the Zoning
Administrator. If collocated on the same parcel with an established use, the carnival or
circus’s designated parking shall not exceed 15 percent of the required parking for the
establishment or use where the carnival/circus is located.
B. If located on an undeveloped or vacant lot, the lot shall be a minimum of two (2) acres
and at least one-third (1/3) of the area shall be designated for parking.
C. All activities shall be located a minimum of 50 feet from all lot lines.
D. Demonstrate compliance with SCDHEC regulations for food safety and wastewater
disposal.
E. The provisions of this section do not apply to property owned or leased by churches,
places of worship, or religious institutions.
3.2.34.3 Recreational Vehicles or Campers Used as Temporary Living Accommodations
A. The establishment and use of campers or recreational vehicles used as temporary living
accommodations shall comply with following standards:
1. Considered permitted uses in the RC-1, RC-2, RD-1, RD-2, and UD-1 zoning
districts.
2. Remain ready for highway use at all times, such that the campers or vehicles are
licensed and can be removed from the site immediately.
3. The maximum duration of stay is one hundred eighty (180) days during a calendar
year.
4. Limited to one recreational vehicle or camper per lot of record.
5. Campers and recreational vehicles on the property shall be located so that all
setbacks, dimensional standards, and other applicable zoning requirements are met.
B. A camper or recreational vehicle may be used on property in Colleton County for the
purpose of providing temporary housing during the construction or reconstruction of a
permanent residence on the same property provided the appropriate permits has been
issued. Such use shall be permitted for a period not to exceed one (1) year. A six (6)
month extension may be approved by the Zoning Board of Appeals following proper
application, notice and hearing.
3.2.34.4 Seasonal Sales
Seasonal agricultural sales, including the sale of such items as Christmas trees, fireworks,
pumpkins, seasonal produce, and similar agricultural products, may be permitted in
accordance with the following standards:
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A. The property contains an area not actively used that will support the proposed temporary
sale of products with out encroaching into or creating a negative impact on existing
vegetated areas, open space, landscaping, traffic movements, or parking-space
availability.
B. The sale of goods shall not occur within the public right-of-way, or within 50 feet of a
dwelling.
C. A minimum pedestrian walkway of at least five (5) feet in width along the front of the
display shall be maintained.
D. The range of goods or products available for sale shall be limited to products obtained
primarily through farming or agricultural activities, including, but not necessarily limited
to: pumpkins; grains and seed crops; fruits of all kinds; vegetables; nursery, floral,
ornamental, and greenhouse products; trees and forest products, including Christmas
trees, firewood, and pine straw; bees and beekeeping products; seafood; and dairy
products. For the purpose of this Subsection, processed or prepared food products of any
kind shall not be considered to be agricultural products.
E. The itinerant sale of products from a vehicle that does not involve the display or short
term storage of products on site for a period of two days or longer, shall not be
considered to be seasonal agricultural sales.
F. The hours of operation of the seasonal sale of agricultural products shall be from no
earlier than 7:30 a.m. to no later than 10:00 p.m.
G. Seasonal sales shall be allowed on an individual lot for no more than 120 days per
calendar year.
H. When seasonal sales are not in operation, the stand shall be properly closed up and
maintained.
I. The provisions of this section do not apply to property owned or leased by churches,
places of worship, or religious institutions.
3.2.34.5 Temporary Construction Trailers
A. Construction trailers or equipment sheds used in conjunction with construction projects
provided that the following requirements are met:
B. Authorization to place a construction trailer onto a development site may be granted
when the preliminary plans for the development or phase in which the trailer is proposed
to be located have been submitted. If no preliminary plans have been submitted,
authorization may not be granted. Multiple construction trailers are allowed when
needed; however no sales may occur from the construction trailers.
C. Such construction trailers may be located at a building site where there is a valid
development or building permit for the construction project, or, in the case of a
residential subdivision, a valid building permit for at least one of the residential units
being constructed.
D. All construction trailers shall be located at least 10 feet off any street right-of-way and
not be placed in any required rear or side yard setback.
E. In addition to construction trailers, at any construction site for a construction project
valued at one million dollars or more, one or more security guard houses may be
installed. Use of such structures may include overnight stay provided adequate sanitary
facilities are provided and the same conditions for construction trailers are met.
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F. Authorization to relocate construction trailers from one phase of an approved
development to a future phase of the development may be approved provided that:
1. The phase in which the trailer is located has received approval for recording, and no
further infrastructure improvements are on-going.
2. The phase in which the trailer is proposed for placement is under the same ownership
as that of the phase in which the trailer is currently located;
3. The phase in which the trailer is proposed for placement was shown on a master plan
of the overall development.
G. Authorization to relocate a construction trailer to a future phase of development does not
grant the developer the right to begin site improvements within the future phase. Site
improvements of the future phase shall commence only upon satisfaction of all
conditional preliminary plan approval conditions.
3.2.34.6 Residential Sales Offices
A. Structures, whether temporary or permanent, located in a subdivision containing 25 or
more lots, and used as sales offices for the subdivision development are permitted.
B. Any temporary structure used as a sales office shall be located on a lot which is in
compliance with the regulations of this Ordinance and shall meet all yard requirements
for the applicable zoning district.
C. At least five (5) off-street parking spaces shall be provided on the lot to accommodate
persons using the sales office.
D. If a permanent residential structure is used as the sales office, future use of said structure
shall be for residential purposes.
E. A trailer may be used as a temporary sales office, provided that the following conditions
are met:
1. The trailer shall be provided with underpinning, from the bottom of the walls to the
ground, made of masonry, vinyl, pre-painted aluminum material, or other similar
material.
2. Landscaping shall be provided around the base of the trailer.
3. At the completion of the sales in a tract, or two (2) years from the date the temporary
sales office began operation, whichever is sooner, said sales office shall cease
operation unless the Zoning Administrator determines that substantial progress is
being made in the selling and/or marketing of the lots and/or homes in the
subdivision. In such case, one or more extensions (each not to exceed one year in
duration) may be so authorized by the Zoning Administrator. If a temporary structure
is used as the sales office, it shall be removed after its use as a sales office is
terminated. Immediately after the structure is removed, the lot shall be returned to a
natural state. Any paved or graveled driveway and/or parking area associated with
the sales office shall also be removed. All bare soil areas on the lot shall be returned
to a natural vegetative state (reseeded or sodded) immediately after removal of the
sales office and driveway/parking area.
3.2.34.7 Portable Classrooms
Portable classrooms in any district for cultural or community facilities, educational facilities,
or religious complexes, are permitted for an indefinite period provided all required setbacks
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for the district in which the structures are to be located shall be met and the portable structure
shall be located on the same site as the principal structure.
3.2.34.8 Tent Sales & Vendor Sales from Vehicles
Sale of commercial goods may be conducted within a tent or from a vehicle located on lot
with a legally established principal use provided the following criteria are met:
A. The sale shall obtain a Temporary Permit in accordance with this Section prior to
erection of the tent or parking of the vehicle.
B. The tent or vehicle shall be located in an area outside the normal flow of traffic or areas
of ingress and egress.
C. The tent or vehicle shall be located on an improved surface such as asphalt, gravel, or
other improved surface and not within areas devoted to required landscaping, tree
protection, or open space.
D. The tent or vehicle shall be located in such a way as to ensure the minimum number of
required parking spaces for the principal use are maintained over the duration of the sale.
E. The tent sale shall not include any signage other than that allowable as temporary
signage.
F. Hours of operation shall not past the hour of 10:00 p.m.
G. The total number of tent sales or sales from vehicles per lot of record shall be limited to a
maximum of fifteen days (15) per calendar year.
3.2.34.9 Yard Sales
A. A yard sale may be conducted by civic or religious organization, an individual occupant
of a residence, or in cooperation with neighbors for the purpose of selling surplus
household items for profit or for charitable purposes.
B. Yard sales shall not be conducted at the same location or by the same organizer(s) more
than six (6) days per calendar year.
C. A total of one (1) on-premises sign and three (3) off-premises signs that are no greater
than 6 square feet each may be displayed for the yard sale provided that the signs are not
located within the street right-of-way, on street signs, or on utility poles. Such signs may
be displayed no more than 24 hours before the yard sale and shall be taken down no more
than 24 hours after the yard sale.
3.2.34.10 Temporary Emergency Permits
A. Individual Emergency
When a use, structure or building has been damaged or destroyed by fire, flood, wind or
other act of God, and strict compliance with Zoning Permit requirements will impair the
health and safety of the affected individuals or the security of the premises, the Zoning
Administrator may declare an emergency condition and grant a temporary Administrative
Permit in accordance with the following requirements:
1. If the use, structure or building complies with all applicable requirements of this
Ordinance, a nonrenewable, temporary Administrative Permit shall be issued for a
period not to exceed one year.
2. If the use, structure or building is a legal nonconformity, and less than 50 percent of
the appraised value has been damaged or destroyed, a nonrenewable, temporary
Administrative Permit shall be issued for a period not to exceed one (1) year.
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3. If the use, structure or building is a legal nonconformity, and 50 percent or more of
the appraised value has been damaged or destroyed, only emergency housing or the
use of manufactured housing units for the conduct of emergency business operations
while relocation efforts are in progress shall be allowed. The nonrenewable,
temporary Administrative Permit shall be issued for a period not to exceed six (6)
months.
B. Community Emergency
Where a major disaster affects the health, safety or welfare of the general public and
compliance with Zoning Permit requirements will delay remedial action, the Zoning
Administrator shall be authorized, upon approval of the County Administrator, to waive
Zoning Permit requirements for a period of time.
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CHAPTER 4: LANDSCAPING, BUFFERING,
& ENVIRONMENTAL PROTECTION
Section
Page
4.1
Purpose and Applicability…………..……………………………………………… 4-2
4.2
Landscaping Types………………….….…...………..……………………...…….. 4-2
4.3
Landscaping & Screening Installation, Protection, and Maintenance……….…….. 4-8
4.4
Environmental Protection………………………………………………………….. 4-13
4-1
CHAPTER 4: LANDSCAPING, BUFFERING, & ENVIRONMENTAL PROTECTION
Section 4.1 Purpose and Applicability
The purpose of this Chapter is to regulate the protection, installation, and long-term management
of trees and shrubs and to minimize potential nuisances, such as visual impacts, noise, dust, odor,
litter, and glare of lights, from adjacent properties. The appropriate use of existing and
supplemental landscaping enhances the appearance of built environment and blends new
development with the natural landscape. Existing vegetation should be retained wherever
possible to ensure a natural established landscape.
Section 4.2 Landscaping Types
The provisions of this Section are designed to specifically address the application of landscape
resources to varying styles of urban development and the impact of such applications on the
appearance, health, and financial well-being of the community. The provisions are broken into
four (4) landscaping categories:
Buffers (Type A)
Street Yards (Type B)
Parking Lot Landscaping (Type C)
4.2.1 Type A Landscaping: Buffers
A buffer shall be required for all new multi-family residential and non-residential uses
adjacent to any existing single-family or two-family residential use or adjacent to property
zoned RS, CC, VC, UD-1, UD-2, LID and ID. An expansion of an existing multi-family or
non-residential use by more than 50 percent of building area or land area of the activity also
requires compliance with this Section.
4.2.1.2 Buffer Location, Width, & Composition
A. The buffer shall be located
entirely on the property of the
new or expanding use.
B. The buffer shall begin 20 feet
back from the street right-ofway line and extend the length
of the property line separating
two (2) uses, except for
property lines in excess of 200
feet, the buffer need only
extend 100 feet beyond either
end of the existing use to be
buffered.
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C. Type A landscaping functions as an opaque (cannot see through) screen with a minimum
height of six (6) feet.
D. Shrub plantings shall have no unobstructed openings wider than four (4) feet. At least 75
percent of the required shrubs shall be evergreen species in accordance with the approved
plant list in Section 4.3.1.
E. No buildings, parking areas, sanitary containers, utilities, or other paved areas may be
located within the required buffer area. A buffer may be used for passive recreation and
may be interrupted by access driveways not exceeding 16 feet in width (exceptions for
uses requiring wide curb cuts may be approved by the Zoning Administrator).
F. Composition of the buffer area may include a wall, solid fence, landscaped berm, planted
vegetation, existing vegetation, or any appropriate combination of these elements as
approved by the Zoning Administrator.
G. The use of existing vegetation to satisfy this requirement is encouraged. Supplemental
planting may be required in addition to native materials.
H. The following table shows the minimum buffer width and composition for a new or
expanding use adjacent to an existing single-family or two-family residential use or
property zoned RS, CC, VC, UD-1, UD-2, LID and ID.
New or Expanding
Development Use
Civic,
Institutional/Government
Commercial
Industrial
Mixed Use
Multi-family
Residential/Manufactured
Home Park
Minimum Buffer
Width
10 feet
Composition
(per 100 linear feet)
2 canopy* trees, 20 shrubs**
15 feet
30 feet
10 feet
15 feet
* If there are overhead power lines, then a minimum of two (2) ornamental trees may be installed in lieu of
a canopy tree.
**A six-foot solid fence or wall may be used in lieu of shrubs for any buffer. Canopy trees are still
required.
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4.2.2 Type B Landscaping: Street Yard
A. A street yard shall be required for all new multi-family residential and non-residential
uses within the CC, VC, UD-1, UD-2, LID and ID zoning districts. An expansion of an
existing multi-family or non-residential use by more than 50 percent of building area or
land area of the activity also requires compliance with this Section.
B. For districts in which a street yard is not required, landscaping complementary to the site
and surroundings is encouraged.
4.2.2.2 Street Yard Location, Width, & Composition
A. The minimum street yard width is eight (8) feet. The street yard shall be located outside
of the right-of-way.
4-4
B. The minimum height for Type B landscaping adjacent to the street right-of-way is two
(2) feet.
C. No buildings, parking areas, sanitary containers, or utilities may be located within the
required street yard area. Driveways may cross the street yard for access to the site.
D. Composition of the Type B landscaping may include a wall, fence, planted vegetation,
existing vegetation, or any appropriate combination of the elements.
E. Shrubs shall be planted at a minimum rate of 10 shrubs per 100 linear feet of street
frontage (minus the driveway width). At least 75 percent of the required shrubs shall be
evergreen species locally adapted to the area.
F. Street trees shall be planted outside the right-of-way within the street yard at a minimum
rate of one (1) large maturing (canopy) tree per 100 linear feet. If there are overhead
power lines, then a minimum of two (2) small maturing (ornamental) trees per 100 linear
feet may be installed.
4-5
4.2.3 Type C Landscaping (Parking Lot Canopy)
A. A parking lot canopy is required within all parking lots except automobile sales display
areas in the CC, VC, UD-1, UD-2, LID and ID.
B. While not required, landscaping between the building and the parking area that is
complementary to the site and surroundings is encouraged.
4.2.3.2 Location & Composition
A. A minimum of one (1) canopy tree shall be
located within 60 feet of every parking space.
The measurement shall be taken from the base of
the tree.
B. Canopy trees shall be planted in a manner that
provides shade for parking area at maturity. Two
(2) understory trees shall be used in lieu of
canopy trees under overhead utility lines. The use
of existing vegetation to satisfy this requirement
is encouraged.
C. Each planting area shall be a minimum of 49
square feet, with a minimum dimension of seven
(7) feet.
4.2.4 Other Screening & Landscaping
A. Screening shall be required for all open storage areas (not devoted to retail sales) visible
from any public street, including open storage areas for shipping containers, building
materials, appliances, trash containers of four (4) or more cubic yards, inoperable or under
repair vehicles, salvage materials, and similar unenclosed structures.
B. Screening shall be accomplished by an opaque (cannot see through) divide not less than six
(6) feet in height or the height of the object to be screened, whichever is greater.
C. Screening may be in the form of a berm, wall or fence, or an appropriate amount of
landscaping as to provide the necessary amounts of screening as determined by the Zoning
Administrator to effectively screen the storage from view from any adjacent lot or street
right-of-way. Chain link fence with slats shall not be used to meet the requirement of this
section.
4-6
Section 4.3 Landscaping & Screening Installation, Protection, and Maintenance
4.3.1 Approved Plant List
A. Canopy Trees (can be used in street yards, parking lot yards, and residential yards)
Botanical name:
Quercus virginiana
Quercus nuttallii
Quercus phellos
Quercus shumardii
Acer rubrum
Acer x freemanii
Zelkova serrata
Ulmus parvifolia
Taxodium distichum
Ulmus parvifolia „Allee‟
Nyssa sylvatica
Platanus occidentalis
Common name:
Live oak
Nuttall oak
Willow oak
Shumard oak
Red maple
Autumn blaze maple
Japanese zelkova
Bosque elm
Bald cypress
Alle elm
Black gum
Sycamore
Size:
2” caliper
Remarks
B. Evergreen trees (can be used in bufferyards)
Botanical name:
X Cupressocyparis leylandii
Ilex x attenuata
Magnolia „Little Gem‟
Magnolia „Bracken Brown‟
Pinus
Common name:
Size:
Leyland cypress
4‟ -5‟ ht.
East Palatka or fosters holly
Little Gem magnolia
Bracken‟s Brown Beauty
Remarks
C. Understory trees (can be used in the bufferyards)
Botanical name:
Lagerstroemia indica
Lagerstroemia Muskogee
Lagerstroemia Tuscarora
Vitex agnus castus
Cercis canadensis
Acer buergeranum
Magnolia stellata
Betula nigra „Dura Heat‟
Common name:
Crape myrtle
Crape myrtle
Crape myrtle
Chaste tree
Red bud
Trident Maple
Star magnolia
River Birch
4-7
Size:
1”caliper
Remarks
White
Lavender
Pink
D. Shrubs (large)
Botanical name:
Myrica cerifera
Viburnum
Ilex crenata „Burfordii nana‟
Ilex vomitoria
Loropetalum chinense
Ligustrum japonica
Common name:
Wax myrtle
Size:
7 gallon
Remarks
Common name:
Compact Japanese holly
Indian hawthorn
Dwarf boxwood
Firepower nandina
Saw palmetto
Size:
3 gallon
Remarks
Common name:
Size:
Sweet grass
3 gal.
adagio grass
Cabaret grass
Porcupine grass
Dwarf fountain grass
Breezegrass
Remarks
sub for small shrub
sub for small shrub
sub for medium shrub
sub for medium shrub
sub for small shrub
sub for small shrub
Dwarf burford holly
Yaupon holly
Loropetalum
Japanese ligustrum
E. Shrubs(small)
Botanical name:
Ilex crenata compacta
Raphiolepsis indica
Buxus microphylla
Nandina firepower
F. Additional options
Botanical name:
Muhlenbergia capillaris
Miscanthus sinensis adagio
Miscanthus sinensis „Cabaret‟
Miscanthus sinensis „Strictus‟
Pennisetum alopecuroides „hamelin‟
4.3.2 Wall, Fence, and Berm Standards
Whenever a landscaping alternative specified is selected which includes a wall, fence, or berm,
such wall, fence, or berm shall meet the following requirements:
A. All fences and walls used as part of the buffer requirement must have the finished side facing
outward. Fences shall be wooden, vinyl, wrought iron or combination of these materials to
achieve opacity as approved by the Zoning Administrator. Wooden fences shall be made of
rot resistant material such as locust, cedar or redwood. If made of pine, the post shall be rated
for soil contact and the boards rated for outside use. Chain link fences with wood, plastic, or
metal strips are expressly prohibited. However, a chain link fence with evergreen hedge is
acceptable. Fences shall not be tin, corrugated metal, or any plastic other than vinyl. Walls
must be made of masonry materials including poured concrete, concrete block covered with
stucco, and brick.
B. No wall or fence used as part of a screen shall be less than six (6) feet tall.
C. Where a fence or wall is used as part of a required screen area, any required plantings
4-8
accompanying the fence or wall shall be located on the side of such fence or wall opposite
the new development.
D. All berms shall be grassed and/or planted with other plant materials sufficient to prevent soil
erosion. If grassed alone, any berm installed to meet the requirements of this Chapter shall
be no less than four (4) feet nor greater than eight (8) feet in height. No slope of a berm shall
exceed a slope greater than one (1) foot of rise for every three (3) feet in plane. No part of
the berm shall be left as bare soil. Any required plant materials accompanying a berm may
be planted on the berm and/or along either side of the berm. It is recommended that, where
feasible, at least 75 percent of any required shrubs be planted on the slope of the berm
opposite the new development.
4.3.3 Existing Vegetation
In cases where an existing, landscaped or vegetated area is located on the same property as the
proposed development, further plantings and or improvements shall not be required so long as
said screened area is of sufficient width and depth and contains adequate and sufficient materials
to meet the requirements of this Ordinance. If the landscaped or vegetated area is deficient, the
developer shall make needed improvements and/or additions to satisfy the landscaping
requirements and intent of this Ordinance as determined by the Zoning Administrator.
4.3.4 Plant Standards and Plant Installation Standards
The following standards shall apply to all new plant material installed as part of a screen required
under these regulations:
A. Trees to be planted shall be selected from the approved species listed in tables of Section
4.3.1. The Zoning Administrator may approve alternative large or small maturing trees
excluding invasive plant species (See SC Exotic Pest Plants at www.sc-eppc.org).
B. The minimum required size for a canopy tree at planting shall be 2” caliper and 12‟ in height.
C. The minimum required size for an understory tree at planting shall be 1” caliper and 6‟ in
height.
D. The minimum required large screening shrub shall be 4‟ to 5‟ in a 7 gallon container.
E. The minimum required small screening shrub shall be 18” in a 3 gallon container.
F. All plant material shall qualify under the American Nursery & Landscape Association‟s
current edition of American Standard for Nursery Stock (ANSI Z60.1-2004).
G. If the existing vegetation provides a screen equal to or greater than that which would be
planted, no other plant material shall be required. In case of open woods, an additional
planting of shrubs or evergreen trees may be needed to improve screening. Fencing
requirements are not changed by a wooded site.
H. No trees identified as large maturing trees shall be planted within 20 feet of an electrical
4-9
distribution line. This does not include low-voltage insulated or covered lines of 240 volts or
less or telephone or cablevision lines.
I.
All plant material installed shall be free from disease.
J. Plant materials shall be planted in accordance with generally accepted and recommended
planting and growing practices.
K. All plant material shall be installed in a fashion that ensures the availability of sufficient soil
and water to sustain health growth.
L. All plant material shall be planted in a manner which is not intrusive to utilities or pavement.
4.3.5 Landscaping Maintenance
A. The maintenance of required landscaping, buffers, fences, walls, & berms shall be the
responsibility of the property owner. The required landscaping shall be properly maintained
in order to fulfill the purpose for which it is established.
B. Debris and litter shall be cleaned, and berms, fences, and walls shall be maintained at all
times. Failure to do so is a violation of this title, and may be remedied in the manner
prescribed for other violations.
C. Any vegetation that constitutes part of a required landscaping area shall be replaced in the
event that it dies. All landscaping materials shall be protected from damage by erosion,
motor vehicles, or pedestrians which could reduce the effectiveness of the required
landscaping.
4.3.6 Tree Protection
4.3.6.1 Trees to be Protected
A. Any tree, excluding pine trees, measuring 30 inches DBH (Diameter Breast High) shall
constitute a “significant tree” for purposes of this section and shall be protected to the
extent practical and feasible. To this end, no person, firm, organization, society,
association or corporation, or any agent or representative thereof shall directly or
indirectly destroy or remove any tree in violation of the terms of this section.
B. Nothing in this Section shall be construed to prevent the ordinary cutting, trimming and
maintenance of a tree, nor shall anything in this Section be construed to prevent the
cutting or removal of any tree that the County shall certify as required for public safety.
C. The provisions of this section shall apply only to developments that meet any of the
following criteria:
1) Major subdivisions with lot sizes of less than 1 ac. within the RS and UD-1 or
UD-2 zoning districts
2) Non-residential development in the UD-1, UD-2, LID or ID zoning districts
on lots of 10 acres or more.
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4.3.6.2 Tree Survey Required
As part of the application process for subdivision or site plan approval, the developer/owner
applicant shall have conducted a tree survey identifying the location of all significant trees.
Said trees shall be shown on a survey plat and physically marked with brightly colored tape
or other markings.
4.3.6.3 Site Design for Tree Protection
A. The design of any land development project or subdivision shall take into consideration
the location of all significant trees identified on the tree survey. Lot and site design shall
minimize the need to fell significant trees. The site design shall be presented on a site
plan showing:
1. Existing location and size of all significant trees,
2. Significant Trees to be removed,
3. Significant Trees to be preserved,
4. Areas to be cleared,
5. Proposed structures and improvements.
B. An approved Tree Survey shall be prerequisite to the Preliminary Plat Approval, Site
Plan Approval and the issuance of any Zoning Permit.
C. Where a zoning permit or subdivision approval has not been issued, the destruction of
any significant tree, as defined by this Section, without prior approval of the Planning
and Development Office shall be prohibited.
4.3.6.4 Tree and Root Protection during Development
During development, a minimum protective zone, marked by barriers, shall be established
(erected) at the drip line and maintained around all trees to be retained as required by this
section. Protective zones may be modified from the drip line with an approved mitigation
plan acceptable to the Zoning Administrator. There shall be no construction, paving, grading,
operation of equipment or vehicles, or storage materials within this protected zone.
4.3.6.5 Tree Replacement
Where significant trees have been removed or where removal is necessitated at any time due
to acts of negligence, or where sites were cleared of significant trees in violation of this
section, replacement trees shall be planted in accord with a replacement schedule approved
by the Zoning Administrator, who shall specify the number, species, DBH, and location of
replacement trees, using the following criteria:
A. Combined DBH of replacement trees is equal to the DBH of the tree removed or;
B. Individual replacement trees are of the largest transplantable DBH available.
4.3.7 Relief from Landscaping Requirements
A. In the event that the unusual topography or elevation of a development site or the location or
size of the parcel to be developed would make strict adherence to the requirements of this
section serve no meaningful purpose or would make it physically impossible to install and
maintain the required landscaping, the Zoning Administrator may alter the requirements of
this section provided the spirit and intent of the Chapter are maintained. Such an alteration
4-11
may occur only at the request of the developer, who shall submit a plan to the Zoning
Administrator showing existing site features that would screen the proposed use and any
additional screen materials the developer may propose to have installed. The Zoning
Administrator shall have no authority to alter the screening and buffer requirements unless
the developer demonstrates that existing site features and any additional screening materials
will screen the proposed use as effectively as the required screen. The desire of an owner to
make a more intensive use or greater economic use of the property may not be grounds for
reducing the landscaping requirements.
B. Where the effect of the landscaping requirements of this section is to deny the owner
reasonable use of the entire tract (or tracts) of property, a Variance may be requested from
the Zoning Board of Appeals in accordance with Chapter 7.
4.3.8 Visibility at Intersections
Except as herein provided, on a corner lot in any district, no hedge, shrubbery, tree, natural
growth, sign, fence, wall, or other obstruction of any kind to vision which obstructs crossvisibility at a level between two (2) feet and nine (9) feet above the level of the center of the
street (where the projection of the sight triangles intersect the centerline of the street) shall be
placed or maintained within the triangular area formed by the intersection of front or rear lot
lines and the side lot line and a straight line connecting points on said lot lines, which are located
15 and 75 feet from the point of intersection. In instances where SCDOT sight triangle
provisions are applicable, such regulations shall prevail.
Section 4.4 Environmental Protection
4.4.1 Environmental Buffers
A. A riparian buffer setback of not less than 30 feet or one-third (1/3) the depth of a lot or
parcel, whichever is less, shall be provided along the banks of all streams, rivers and
shorelines. The buffer setback area for tidal waters shall be measured from the mean high
tide line.
B. The buffer area shall remain undeveloped except for piers, docks, utilities, and pervious
access paths to the water.
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CHAPTER 5:
PARKING
Section
Page
5.1
Purpose & Applicability…………….….…...………..……………………...…….. 5-2
5.2
Parking Lot Surface Materials…………………………………………………….. 5-2
5.3
General Design Provisions for Parking Lots………..….………………………….. 5-2
5.4
Parking Ratios……………………………………………………………………… 5-4
5.5
Shared Parking and Parking Connectivity……………………………………….… 5-6
5.6
Parking Dimensions ……………...…….………………………………………….. 5-6
5.7
Loading Area Requirements……………………………………………………….. 5-7
5.8
Parking Lot Maintenance………………………………………………………...… 5-7
5.9
Driveways………………………………………………………………………….. 5-7
5-1
CHAPTER 5: PARKING
A. The purpose of this section is to ensure that adequate and well-designed parking is provided
for developments in Colleton County.
B. The requirements of this Chapter apply to all new developments except single-family
detached residential and two-family attached residential (duplexes). Single-family and twofamily residential uses are subject to the minimum parking requirements of Section 5.4.1.
The expansion of existing parking areas or spaces by more than 50 percent shall follow these
requirements.
Section 5.2 Parking Lot Surface Materials
A. Off-street parking areas of greater than 10 spaces in the CC, VC, UD-1, UD-2, LID and ID
districts shall be paved with concrete, asphalt, or similar material. Curb and gutter is
optional. Off-street parking areas for land parcels of less than one (1) acre may use crushed
stone or equivalent in lieu of a paving material in the side and rear yards provided that:
Front yard parking spaces are paved
Driveways to access the site are paved
Handicap parking meets ADA standards
Crushed stone is contained to the parking area using landscaping timbers or other
containment device.
B. Paved parking areas shall have lines demarcating each parking space.
C. Off-street parking areas in the RC-1, RC-2, RD-1, & RD-2 districts may be gravel or crushed
stone or similar material, so long as the material is contained to the parking area, and the
driveway apron is installed in accordance with SCDOT requirements on state roads.
Section 5.3 General Design Provisions for Parking Lots
A. For commercial, mixed use, and industrial uses (except for developments in the LID and ID
districts), a maximum of two (2) rows of parking spaces may be located in front yard of the
principal building. All other parking shall be located in either the rear or side yards of the
principal building. For large-scale developments with large parking areas, parking may be
shared and screened with outparcel buildings as shown in the diagram below:
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CHAPTER 5: PARKING
Principal Building
Parking
Driveway
Outparcels
Street
B. Required off-street parking must be provided on the same lot or parcel as the principal use
for which it is required.
C. Paved off-street parking and loading spaces, not to include parking structures, are permitted
in all required yards and setback areas, but no closer than five (5) feet to a residential
property line and two (2) feet to any other property line.
D. Off-street parking areas shall be designed to facilitate adequate movement and access by
sanitation, emergency, and other public service vehicles.
E. Off-street parking areas shall be designed so that parked vehicles do not encroach upon,
extend onto, or cause vehicles to back into public rights-of-way, sidewalks or strike against
or damage any wall, vegetation, utility, or other structure.
F. The size of any single surface parking lot shall be limited to three (3) acres, unless divided
by a street or building. Larger parking lots shall be separated by buildings or landscaped
areas a minimum of 10 feet wide.
G. No surface parking or circulation driveway is permitted within any required buffer area.
H. Parking lot construction shall be designed to minimize off-site storm water run off. Parking
lots shall be designed so as not to drain into or across public sidewalks or on to adjacent
property, except into a natural watercourse or a drainage easement. In developed areas where
this condition may be impossible to meet, the Zoning Administrator may exempt the
developer from this requirement, provided that adequate provision is made for drainage.
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CHAPTER 5: PARKING
I.
Adequate lighting shall be provided if off-street parking spaces are to be used at night.
Equipment for lighting parking facilities shall be arranged so that light does not interfere
with traffic or adjoining residential areas, if any.
J. All off-street parking areas shall be landscaped in accordance with Section 4.2.3.
K. A secure bicycle rack is encouraged for all parking lots greater than 50 spaces. Bicycle
parking may be placed in the front yard.
Section 5.4 Parking Ratios
5.4.1 Parking Ratios by Use
A. The following are minimum parking ratios for the uses indicated:
Use
Minimum
Single-Family & Two-Family
2 per dwelling unit
Residential (Attached &
Detached)
Multi-Family Residential
1 per bedroom
Residential Care Facilities &
1 per 3 beds
Hospitals
Commercial (Office & Retail)
1 per 300 square feet gross
floor area
Restaurants
1 per 4 seats
Nightclubs & Bars
1 per 75 square feet
Warehousing/Industrial
.25 per 1000 square feet gross
floor area
Hotel/Motel/Inn
1 per room
Government buildings
1 per 300 square feet
Civic & Public Assembly
1 per 4 seats
Uses
(not including schools)
Day Care Centers
1 per 10 children & 1 per
employee
Elementary and Middle
1.5 per classroom
Schools
High Schools and Colleges
10 spaces per classroom
Drive-through (queuing lanes) 4 car lengths for first window,
2 car lengths for each
additional window
Other
Minimum of most similar use
as determined by the Zoning
Administrator
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CHAPTER 5: PARKING
B. The Zoning Administrator may reduce the minimum number of parking spaces required by
up to 10 percent if the applicant can demonstrate that the number of required parking spaces
is excessive due to use or property constraints.
C. Where more than one principal use, whether with the same or different parking requirements
occupy the same building or premises or in the case of joint use of a building or premises by
more than one use having the same parking requirements, the parking spaces required shall
equal the sum of the requirements of the various uses computed separately.
5.4.2 Parking Spaces for the Physically Handicapped
A. Except for a lot containing a duplex or single-family dwelling, all uses except temporary
uses shall be required to provide the following number of spaces designed for physically
handicapped persons:
Total Number of
Required Spaces
1-25
26-50
51-75
76-100
101-150
151-200
201-300
301-400
401-500
500+
Minimum Spaces Reserved
for Physically Handicapped
Persons
1
2
3
4
5
6
7
8
9
2% of required total
B. The number of such spaces shall be in addition to those required by the minimum parking
ratios.
C. A minimum of one (1) parking space for the physically handicapped shall be van accessible.
For every eight (8) spaces for the physically handicapped, there shall be at least one van
accessible space.
D. Off-street parking spaces for the physically handicapped shall be designed as follows:
1. Parking spaces for the physically handicapped shall measure twelve (12) feet by twenty
(20) feet or eight feet in width, with an adjacent access isle eight feet in width, and shall
be located as close as possible to ramps, walkways, and entrances. Parking spaces should
be located so that physically handicapped persons are not compelled to wheel or walk
behind parked cars to reach entrances, ramps, and walkways.
2. All spaces for the physically handicapped shall have access to a curb-ramp or curb-cut
when necessary to allow access to the building served, and shall be located so that users
will not be compelled to wheel behind parked vehicles, and shall be located the shortest
possible distance between the parking area and the entrance to the principal building it
serves.
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CHAPTER 5: PARKING
3. Parallel parking spaces for the physically handicapped shall be located either at the
beginning or end of a block or adjacent to alley entrances. Curbs adjacent to such spaces
shall be of a height which will not interfere with the opening and closing of motor vehicle
doors.
4. Each parking space for the physically handicapped shall be paved and prominently
outlined with paint, with a permanent sign bearing the internationally accepted
wheelchair symbol, posted at the head of the parking space.
Section 5.5 Shared Parking and Parking Connectivity
5.5.1 Shared Parking
The joint use of shared off-street parking between two uses may be made by contract by two or
more adjacent property owners. Developments that operate at different times may jointly use or
share the same parking spaces with a maximum of one-half (1/2) of the parking spaces credited
to both uses if one use is a church, theater, assembly hall or other use whose peak hours of
attendance will be at night or on Sundays, and the other use will be closed at night or on
Sundays.
5.5.2 Parking Connectivity
Adjacent parking lots shall be interconnected except in the case of existing steep topography
between the sites. Each parking area that is interconnected may reduce their minimum parking
requirement by five (5) percent.
Section 5.6 Parking Dimensions
5.6.1 Parking Space Dimensions
A. Each standard parking space, (other than those designed for the physically handicapped)
shall contain a rectangular area at least 19 feet long and nine (9) feet wide.
B. Up to 10 percent of the total number of spaces may be compact spaces measured at eight and
one half (8.5) feet by 18 feet.
C. Parallel spaces shall measure no less than nine (9) feet by 24 feet.
5.6.2 Parking Lot Dimensions
The following are dimensional standards for all required parking areas:
Aisle
Direction
One-Way
Two-Way
Angle of Parking Spaces
45
60
0 (parallel)
30
13 feet wide
19 feet wide
14 feet wide
20 feet wide
18 feet wide
21 feet wide
20 feet wide
23 feet wide
5-6
90
(perpendicular)
24 feet wide
24 feet wide
CHAPTER 5: PARKING
Section 5.7 Loading Area Requirements
A. All uses shall provide off-street loading space sufficient for their requirements. Such space
shall be arranged so that no vehicle being loaded or unloaded in connection with normal
operations shall stand in or project into a public street or sidewalk.
B. Off-street loading and unloading space shall in all cases be located on the same lot or parcel
of land as the structures they are intended to serve.
C. The following minimum loading space requirements shall apply for the appropriate use:
Use
Required Loading Spaces
Retail
1 space of 300 square feet per
5,000 square feet of floor
space
1 space of 500 square feet for
each 10,000 square feet of
floor space
1 space of 300 square feet per
business
Wholesale/Industrial
Office/Institutional
D. No area allocated to loading and unloading facilities may be used to satisfy the area
requirements for off-street parking, nor shall any portion of any off-street parking area be
used to satisfy the area requirements for loading and unloading facilities.
E. Each loading space shall be a minimum of 12 feet in width and 40 feet in length and have a
minimum vertical clearance of 14 feet.
Section 5.8 Parking Lot Maintenance
Off-street parking areas shall be properly maintained in all respects. In particular, off-street
parking area surfaces shall be kept in good condition (free from potholes, etc.) and parking space
lines or markings shall be kept clearly visible and distinct.
Section 5.9 Driveways
These driveway requirements do not apply to single-family detached and two-family attached
(duplex) residential uses.
A. Where required, landscaping, curbing, or other approved barriers are to be located along
boundaries to control entrance and exit of vehicles or pedestrians. All off-street parking areas
shall be designed so that all movement onto a public street is in a forward motion. Entrance
and exit driveways to public streets in the vicinity of street intersections must be located at
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CHAPTER 5: PARKING
least fifty (50) feet, measured along the curbline, from the intersection of the nearest
curbline.
B. Driveways shall be not less than 10 feet in width for one-way traffic and 18 feet in width for
two-way traffic.
C. Twelve (12) foot wide driveways are permissible for two-way traffic when:
The driveway is not longer than 50 feet; and
The driveway provides access to not more than five (5) parking spaces; and
Sufficient turning space and stacking area is provided so that vehicles need not back into
a public street.
D. In no case shall a driveway width exceed 36 feet, except as required by SCDOT.
E. Driveways shall be as nearly perpendicular to the street right-of-way as possible.
F. Driveways are encouraged to line up with other driveways across the street and be shared
between adjacent uses wherever possible.
5-8
CHAPTER 6:
SIGNS
Section
Page
6.1
Purpose and Applicability……………………………………………………….…. 6-2
6.2
General Provisions.….……………………………………………………………... 6-2
6.3
Sign Type Descriptions…………………………………………………………….. 6-6
6.4
Signs Allowed by Zoning District…………………………………………………. 6-16
6.5
Signs Requirements by Type…..…………..………..……………………………... 6-20
6.6
Prohibited Signs………………………………………..…………………………... 6-23
6-1
CHAPTER 6: SIGNS
A. This Chapter is intended to regulate and control signs and their placement throughout the
Colleton County and its extraterritorial area for the following purposes:
To provide a pleasing overall environmental setting and good community appearance,
which is deemed vital to the continued economic attractiveness of the County and its
environs;
To create a more productive, enterprising, professional business atmosphere;
To allow signs appropriate to the planned character and development of each zoning
district;
To ensure that permitted signs do not become a hazard or nuisance;
To promote traffic safety;
To prevent business and advertising signs from conflicting with public safety signs;
To prevent the overcrowding of land;
To facilitate fire and police protection;
To protect and enhance the value of properties; and
To promote the public safety and general welfare of Colleton County.
B. The provisions of this Chapter shall apply to the construction, erection, alteration, use, type,
number, location, size, height, and maintenance of all signs. Except as otherwise provided in
this Ordinance, it shall be unlawful for any person to erect, construct, enlarge, move, or
replace any sign, without first having obtained a sign permit for such sign from the Planning
Department as required by this Ordinance.
Section 6.2 General Provisions
6.2.1 Sign Design Guidelines
A. No sign shall be located within a sight triangle as defined by this ordinance.
B. When a sign extends over an area where vehicles travel or park, the bottom of the sign
structure shall be at least 14 feet above the ground. Vehicle areas include driveways, alleys,
parking lots, and loading and maneuvering areas.
C. When a sign extends over a sidewalk, walkway, or other space accessible to pedestrians, the
bottom of the sign structure shall be at least eight (8) feet above the ground.
D. Permanent and temporary identification signs must be constructed in accordance with all
applicable provisions of the building code and national electrical code, and consist of durable
all-weather materials.
E. Images, logos, graphics, etc. painted on permanent signs or buildings must be performed in a
professional and workmanlike manner. Permits for painted signs will only be issued to
companies who are engaged as sign painters.
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CHAPTER 6: SIGNS
F. Stacked or double-decked sign faces or side-by-side sign faces shall not be permitted except
within 600 feet of the I-95 right-of-way.
G. Illuminated signs shall not directly shine on abutting properties. No illumination simulating
traffic control devices or emergency vehicles shall be used, nor shall lights which are
intermittently switched on and off, changed in intensity or color, or otherwise displayed to
create the illusion of flashing or movement be permitted. A new non-residential sign within
100 feet of an existing residential structure shall not be illuminated between the hours of
12:00 midnight and 6:00 a.m.
6.2.2 Sign Measurements
A. The area of a sign enclosed in frames or cabinets is determined by measuring the outer
dimensions of the frame or cabinet surrounding the sign face (Illustration 1). Sign area does
not include foundations or supports. Only one side of a double faced or V-shaped, freestanding sign is counted.
B. For signs on a base material and attached without a frame, such as a wood board or Plexiglas
panel, the dimensions of the base material are to be used in the measurement unless it is clear
that part of the base contains no sign related display or decoration.
C. For signs constructed of individual pieces attached to a building wall, sign area is determined
by a perimeter drawn around all the pieces (Illustration 2).
D. For sign structures containing multiple modules oriented in the same direction, the modules
together are counted as one sign face (Illustration 3).
E. The maximum surface area visible at one time of a round or three-dimensional sign is
counted to determine sign area.
F. For signs incorporated into awnings, the entire panel containing the sign is counted as the
sign faces unless it is clear that part of the paned contains no sign related display or
decoration.
G. Clearances are measured from the grade directly below the sign to the bottom of the sign
structure enclosing the sign face (Illustration 4).
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CHAPTER 6: SIGNS
6-4
CHAPTER 6: SIGNS
6.2.3 Common Signage Plan Required
A. A common signage plan shall be prerequisite to the issuance of any sign permit involving:
1. Two or more contiguous lots or parcels under the same ownership,
2. A single lot or parcel with more than one principal use or building (not including
accessory uses or buildings) or qualifying on the basis of street frontage for more than
one free-standing sign, and
3. A PDD (planned development district) project.
B. The plan shall contain all information required for sign permits generally and shall specify
standards for consistency among all signs on the lot affected by the plan with regard to:
1. Lettering or graphic style;
2. Lighting;
3. Location of each sign on the buildings;
4. Material; and
5. Sign proportions.
C. A common signage plan shall limit the number of free-standing signs to a total of one for
each street on which there is frontage and shall provide for shared or common usage of such
signs; however the maximum sign area may be increased by twenty-five percent (25%).
D. Once approved by the Zoning Administrator, the common signage plan shall become binding
on all businesses and uses occupying the affected lots, but may be amended by filing a new
or revised plan in conformance with the requirements of this title.
E. If any new or amended common signage plan is filed for a property on which existing signs
are located, it shall include a schedule for bringing into conformance, within three (3) years,
all signs not conforming to the proposed amended plan or to the requirements of this title in
effect on the date of submission.
6.2.4 Maintenance and Upkeep of Signs
A. All signs and all components thereof, including supports, braces, and anchors shall be kept in
a good state of repair, in compliance with all building and electrical codes, and in
conformance with the requirements of this Ordinance (unless deemed a legal nonconforming sign by Chapter 9 of this Ordinance). Any sign which is determined by the
Zoning Administrator as being insecure, in danger of falling or otherwise endangering the
public safety shall be notified immediately and made to otherwise comply with the
requirements of this Ordinance.
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CHAPTER 6: SIGNS
Section 6.3 Sign Type Descriptions
A sign is any object, device, display or structure, or part thereof, situated outdoors or indoors,
which is used to advertise, identify, display, direct or attract attention to an object, person,
institution, organization, business, product, service, event or location by any means, including
words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. The
following are descriptions of the different types of signs regulated by this Chapter:
A-frame sign (sandwich board): A temporary sign with
two sides that are attached at the top and angle away from
each other at the bottom.
A-FRAME SIGN
Animated sign: Any sign that uses movement or change of lighting to depict action or
creates a special effect or scene.
Awning sign: A sign that is mounted or painted on or
attached to an awning.
AWNING SIGN
Banner: A temporary sign typically made of vinyl or
canvas advertising a special sale or event. A banner may
be placed on a building wall or on freestanding stakes or
fences.
BANNER
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CHAPTER 6: SIGNS
Billboard (off-premise sign):
A sign which directs
attention to a business, commodity, service, or
entertainment conducted, sold, or offered at a location
other than the premises on which the sign is located.
BILLBOARD
Building sign:
building.
Any sign attached to any part of a
BUILDING SIGN
Canopy sign: A sign that is mounted or painted on or
attached to a canopy.
CANOPY SIGN
Changeable copy sign: A sign or portion thereof with
characters, letters or illustrations that can be changed or
rearranged, manually or electronically, without altering
the face or the surface of the sign. A sign on which the
message changes more than eight (8) times per day (24
hour period) shall be considered an animated sign and not
a changeable copy sign for purposes of this Chapter. A
sign on which the only copy that changes is an electronic
or mechanical indication of time or temperature shall be
considered a “time and temperature” portion of a sign and
not a changeable copy sign for purposes of this Chapter.
CHANGEABLE COPY SIGN
6-7
CHAPTER 6: SIGNS
Construction sign: A sign indicating that a construction project is
taking place and may include contractor information and information
regarding the type of construction project.
CONSTRUCTION SIGN
Government sign: A sign posted or authorized by
various local, state, and federal agencies in the
performance of their duties including providing
community information and facilitating economic
development. Such signs include regulatory signs, traffic
signs, welcome signs, wayfinding signs, community
bulletin boards, and directory signs.
GOVERNMENT SIGNS
Facsimile sign: A three-dimensional object, such as an
animal figure, human figure, chicken bucket, or
automobile part which may or may not contain
advertising matter, and may or may not contain
information about products sold on the premises, and is
located in such a manner as to attract attention.
FACSIMILE SIGN
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CHAPTER 6: SIGNS
Freestanding on-premise signs: Any non-movable sign located on the
same property as the establishment it is advertising or identifying that is not
affixed to a building.
FREESTANDING ON-PREMISE SIGN
Identification signs: A sign giving the nature, logo,
trademark, or other identifying symbol; address; or any
combination of the name, symbol, and address of a
building, business, development, or establishment on the
premises where it is located.
IDENTIFICATION SIGN
Illuminated sign: A sign that is lit either internally
or externally.
ILLUMINATED SIGN (INTERNALLY)
ILLUMINATED SIGN (EXTERNALLY)
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CHAPTER 6: SIGNS
Incidental sign: A sign, generally informational, that has a purpose
secondary to the use of the lot on which it is located, such as “no parking,”
“entrance,” “loading only,” “telephone,” and other similar directives. No
sign with a commercial message legible from a position off the lot on
which the sign is located shall be considered incidental.
INCIDENTAL SIGN
Inflatable sign: A three-dimensional object, filled with air or gas, and
located in such a manner as to attract attention.
INFLATABLE SIGN
Legal/warning sign: A sign erected to warn of danger or hazardous
conditions or a sign required for or specifically authorized for a public
purpose by any law, statute or ordinance.
LEGAL/WARNING SIGNS
6-10
CHAPTER 6: SIGNS
Marquee signs: A sign that is mounted or painted on or attached to
a marquee (i.e. a movie theater).
MARQUEE SIGN
Neighborhood Identification sign: A sign identifying
the name of a neighborhood located at the entrance of a
residential subdivision or subdivision phase or
identifiable residential neighborhood.
NEIGHBORHOOD IDENTIFICATION SIGN
Occupant/Street Number sign: A sign affixed to a
structure, mailbox, driveway entrance, etc., which serve
to identify the address of the structure or occupant.
OCCUPANT/STREET NUMBER SIGN
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CHAPTER 6: SIGNS
Pennant-Any lightweight plastic, fabric, or
other material, which may or may not contain a
commercial message, suspended from a rope,
wire, or string, usually in a series and in
triangular shapes, designed to move in the
wind.
PENNANTS
Permanent sign: A sign attached to a building, structure or the ground in some manner and
made of materials intended for long term use.
Political sign:
A temporary sign announcing or
supporting political candidates or issues in connection
with any national, state or local election, primary, run-off,
or referendum.
POLITICAL SIGN
Portable sign: A sign designed to be transported, but not
limited by means of wheels.
PORTABLE SIGN
6-12
CHAPTER 6: SIGNS
Poster:
A small sign off-premises advertising a business or
commodity intended to be read by pedestrians that typically cannot be
read from off-site.
POSTER
Projecting sign: A sign that is wholly or partly
dependent upon a building for support and which projects
more than twelve (12) inches from such building.
PROJECTING SIGN
Real Estate sign: A sign advertising a property for sale
or lease.
REAL ESTATE SIGN
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CHAPTER 6: SIGNS
Roof sign: A sign that is mounted on the roof of a
building or which is wholly dependent upon a building
for support and which projects above the point of a
building with a flat roof, the ridge line of a building with
a gambrel, gable, or hip roof or the deck line of a building
with a mansard roof. Signs mounted on the sloping
section of a roof or the gable end of a roof shall be
classified as a wall sign.
ROOF SIGN
Unspecified, Temporary sign: A sign that is used only for a short period of time and is not
permanently mounted.
TEMPORARY SIGN
Vehicular sign: A sign attached to or on the side of a
vehicle parked in such a manner as to attract attention.
VEHICULAR SIGN
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CHAPTER 6: SIGNS
Wall signs: Any sign attached to and within six inches
of a wall, painted on the wall surface, or erected and
confined within the limits of an outside wall of any
building or structure, which is supported by such wall
or building, and which displays only one sign surface.
WALL SIGN
Window sign: A sign that is applied or attached to the
exterior or interior of a window or located in such manner
within a building that it can be seen from the exterior of
the structure through a window.
WINDOW SIGN
Section 6.4 Signs Allowed by Zoning District
6-15
CHAPTER 6: SIGNS
6.4.1 Noncommercial Signs Allowed in All Zoning Districts
Government Signs
Legal and Warning Signs
Occupant/Street Number Signs
6.4.1 Resource Conservation (RC-1 & RC-2)
6.4.1.1 Signs Allowed without a Permit
Identification signs (permanent & temporary)
Incidental signs
Political signs (temporary)
Posters (temporary)
Real Estate signs (temporary)
Unspecified Temporary signs
Window signs
6.4.1.2 Signs Allowed with a Permit
Canopy signs
Freestanding on-premise signs (excluding billboards)
Neighborhood identification signs
Wall signs
6.4.1.3 Sign Characteristics Allowed
Changeable copy
Illumination (indirect & internal)
6.4.2 Rural Development (RD-1 & RD-2)
A-frame signs (temporary)
Incidental signs
Pennants (temporary)
Portable (temporary)
Posters (temporary)
Window signs
Banner (temporary)
Canopy signs
Freestanding on-premise signs (excluding billboards)
Marquee signs
6-16
CHAPTER 6: SIGNS
Neighborhood Identification signs
Projecting signs
Wall signs
Changeable copy
6.4.3 Suburban Residential (RS)
Construction signs for residential projects (temporary)
Posters (temporary)
6.4.4 Community Commercial (CC) & Village Commercial (VC)
Incidental signs
Inflatable signs (temporary)
Posters (temporary)
Window signs
Banner (temporary)
Billboards
Canopy signs
Freestanding on-premise signs
6-17
CHAPTER 6: SIGNS
Marquee signs
Projecting signs
Wall signs
Changeable copy
6.4.5 Urban Development (UD-1 & UD-2)
Incidental signs
Inflatable signs (temporary)
Posters (temporary)
Unspecified Temporary
Window signs
Banner (temporary)
Billboards
Canopy signs
Marquee signs
Projecting signs
Roof signs
Wall signs
Animated
Changeable copy
6.4.6 Industrial (ID) & Light Industrial (LID)
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CHAPTER 6: SIGNS
Incidental signs
Posters (temporary)
Window signs
Canopy signs
Marquee signs
Projecting signs
Wall signs
Changeable copy
Section 6.5 Signs Requirements by Type
6-19
CHAPTER 6: SIGNS
6.5.1 Permanent Signs
A. Billboards
MAXIMUM AREA: 378 square feet (672 square feet within 600 feet of I-95)
MAXIMUM HEIGHT: 36 feet (no height limit within 600 feet of I-95)
MAXIMUM NUMBER: 1 sign per 700 foot radius
B. Building Signs (includes canopy signs, marquee signs, projecting signs, roof signs, wall
signs, & permanent window signs)
MAXIMUM AREA BY DISTRICT:
Zoning District
Maximum Area
RC-1 & RC-2
10% of wall area
RD-1 & RD-2
10% of wall area
RS
4 square feet total
CC & VC
25% of wall area
UD-1 & UD-2
25% of wall area
ID & LID
25% of wall area
MAXIMUM HEIGHT (for roof signs): 12 feet above highest point of roof
MAXIMUM NUMBER: The number of signs is limited only by the maximum allowable
area of signage.
C. Freestanding on-premise signs
MAXIMUM AREA BY DISTRICT:
Zoning District
RC-1 & RC-2
RD-1 & RD-2
RS
CC & VC
UD-1 & UD-2
Maximum Area
12 square feet
24 square feet
20 square feet
36 square feet
1 square feet per 1
linear foot of street
frontage up to 120
square feet
1 square feet per 1
linear foot of street
frontage up to 120
square feet
ID & LID
MAXIMUM HEIGHT BY DISTRICT:
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CHAPTER 6: SIGNS
Zoning District
RC-1 & RC-2
RD-1 & RD-2
RS
CC & VC
UD-1 & UD-2
ID & LID
Maximum Height
24 feet
24 square feet
12 feet
36 feet
36 feet (no height limit
within 600 feet of I-95)
36 feet
MAXIMUM NUMBER: One (1) per street frontage of developed lot
D. Neighborhood Identification Signs
MAXIMUM AREA: 32 square feet (area may be split between two (2) signs on either side
of entrance)
MAXIMUM HEIGHT: 6 feet tall
MAXIMUM NUMBER: One (1) per street frontage entrance, except that maximum area
may be split between two (2) signs on either side of the entrance
6.5.2 Temporary Signs
A. A-frame signs
MAXIMUM AREA: 12 square feet
MAXIMUM NUMBER: One (1) per business per street frontage
DISPLAY PERIOD: During daylight hours only, every day
OTHER: A-frame signs displayed on sidewalks shall not obstruct pedestrian
movement.
B. Banners
MAXIMUM HEIGHT: 6 feet tall if not displayed on a building wall
MAXIMUM NUMBER: One (1) on-premises sign per business or organization per
street frontage
DISPLAY PERIOD: 30 days per 6 month period
OTHER: Banners shall be properly secured and maintained at all times.
C. Project Identification signs
MAXIMUM NUMBER: 1 per project or business per street frontage
DISPLAY PERIOD: 90 days, or project completion, whichever is longer
OTHER: none
D. Inflatable signs
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CHAPTER 6: SIGNS
MAXIMUM SIZE: 500 cubic feet (total)
MAXIMUM HEIGHT: maximum district height
MAXIMUM NUMBER: 500 cubic feet (total)
DISPLAY PERIOD: 30 days per 1 year period
OTHER: Inflatable signs shall be properly anchored and shall not interfere with
airport traffic.
E. Pennants
MAXIMUM AREA: n/a
MAXIMUM HEIGHT: n/a
MAXIMUM NUMBER: n/a
DISPLAY PERIOD: 30 days per 6 month period
OTHER: none
F. Political signs
MAXIMUM NUMBER: 1 per candidate or issue per lot of record
DISPLAY PERIOD: Calendar year of election; shall be removed within 7 days of
dropping out of election, losing a primary, or after general election
OTHER: Political signs shall not be displayed on utility poles or in any public rightof-way and shall be placed no closer than 5 feet from a street or curb.
G. Portable
MAXIMUM NUMBER: 1 per establishment or event per lot of record
DISPLAY PERIOD: 30 days per 1 year period
OTHER: Portable signs shall have no colored or flashing lights, shall not be wired so
as to obstruct or hinder pedestrian or vehicular traffic or posed any potential for such
hindrance (i.e. exposed drop cord), shall be anchored in accordance with building
code, and shall not be converted to a permanent sign.
H. Posters
MAXIMUM NUMBER: 1 per candidate or issue per lot of record
DISPLAY PERIOD: 30 days
OTHER: Posters shall not be displayed on utility poles or in any public right-of-way
and shall be placed no closer than 5 feet from a street or curb.
I. Real Estate Signs
6-22
CHAPTER 6: SIGNS
MAXIMUM AREA: 12 square feet for individual single-family residential properties
& 24 square feet for multi-family residential properties, non-residential properties,
vacant properties, & subdivisions
MAXIMUM NUMBER: 1 per street frontage per lot of record or development, 3 offpremises signs
J. Unspecified Temporary signs
MAXIMUM HEIGHT: 4 feet
MAXIMUM NUMBER: 6 signs per lot
DISPLAY PERIOD: 10 days per month
OTHER: none
K. Window signs (temporary)
MAXIMUM AREA: 50 percent of window
MAXIMUM HEIGHT: n/a
MAXIMUM NUMBER: none
DISPLAY PERIOD: none
OTHER: none
Section 6.6 Prohibited Signs
6.6.1 List of Prohibited Signs
All signs not expressly permitted by this Chapter are prohibited. Such signs include but are not
limited to:
A. Signs painted on or attached to trees, fences, fence posts, telephone or other utility poles,
stationary vehicles, or natural features.
B. Signs displaying intermittent lights resembling the flashing lights customarily used in traffic
signals or in police, fire, ambulance, rescue vehicles or other warning signals, and signs
using the words “stop”, “danger”, or any other word, phrase, symbol, or character in a
manner that might mislead or confuse motorist.
A. Signs in the public right-of-way except for the following:
1. Public signs erected by or on behalf of a governmental body to post legal notices, identify
public property, convey public information, and direct or regulate pedestrian or vehicular
traffic;
2. Informational signs of a public agency or utility regarding its facilities
3. Church signs, in accordance with state law;
4. Historical signs and markers;
5. Emergency signs; and
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CHAPTER 6: SIGNS
6. Directional signs of a temporary nature not to exceed three square feet in area and 24
hours in duration for such events as yard sales, auctions, public gatherings, etc., provided
they are located no closer than five hundred (500) feet apart.
7. Political signs
C. Signs which have been abandoned and no longer correctly direct or exhort any person,
advertises a bona fide business, lessor, owner, product, or activity conducted or product
available.
D. Signs which have fallen into disrepair (dilapidated), are not properly maintained, are insecure
or otherwise structurally unsound, have defective parts in the support, guys and/or anchors,
or which are unable to meet minimum safety requirements of the standard building code.
E. Any sign which obstructs the view of bicyclists or motorists using any street, approach to
any street intersection, or which interferes with the effectiveness of or obscures any traffic
sign, device, or signal.
F. Any sign located outdoors which interferes with free passage from or obstructs any fire
escape, downspout, window, door, stairway, ladder, or opening intended as a means of
ingress or egress or providing light or air.
G. Any sign located to intentionally deny an adjoining property owner visual access to an
existing sign.
H. Signs placed on property without permission of its owners or agent.
I.
Facsimile signs
J. Vehicular signs
6.6.2 Remedies for Prohibited Signs
A. In addition to other remedies and enforcement powers of this Ordinance, the Zoning
Administrator shall have the authority to remove and hold any prohibited signs or sign
structures.
B. The owner of an impounded sign or sign structure may recover same upon the payment of
$50.00 for each sign. In the event it is not claimed within 10 days from the date of
impoundment, the Zoning Administrator shall have the authority to dispose of such sign or
sign structure without notification and without compensation to the owner.
C. No provision of this Section shall apply to any sign or sign structure existing prior to the
enactment of this Ordinance, but shall be subject to the provisions for nonconforming signs
in Chapter 9 Nonconformities.
6-24
CHAPTER 7:
BOARD OF ZONING APPEALS
Section
Page
7.1
Establishment of the Board of Zoning Appeals……………………………………. 7-2
7.2
Powers & Duties of the Board of Zoning Appeals………….….………………….. 7-3
7.3
Appeals from Decisions of the Zoning Administrator……………………………... 7-4
7.4
Variances…………..………………………………………………………………. 7-6
7.5
Special Exceptions…………………………...…………………………………….. 7-9
7-1
CHAPTER 7: BOARD OF ZONING APPEALS
Section 7.1 Establishment of the Board of Zoning Appeals
The Colleton County Board of Zoning Appeals (BZA) is hereby established under the provisions
of the SC Code 6-29-780.
7.1.1 Composition of the Board of Appeals
A. The zoning board of appeals shall consist of five (5) members appointed by the County
Council for overlapping terms of four years. One (1) member first appointed shall serve for
two (2) years, two (2) members first appointed shall serve for three years, and two members
first appointed shall serve for four years. Three (3) members shall constitute a quorum.
B. Members shall serve until their successors are appointed and qualified.
C. Vacancies are filled for unexpired terms in the same manner as initial appointments.
D. No more than one person shall represent a given profession. No member shall be the holder
of an elected public office in Colleton County.
7.1.2 Compensation
Members of the board of zoning appeals shall serve without compensation. Reimbursement for
actual expenses incurred in the performance of official duties may be reimbursed from budgeted
funds pursuant to reimbursement policies and procedures far employees of the county.
7.1.3 Removal of Members
Members of the board of appeals may be removed at any time by county council for cause. The
existence of cause shall be discussed by the council in executive session as permitted by the
Freedom of Information Act, SC Code 30-4-70(a)(1), and the determination of removal shall be
by vote in public session declaring a vacancy in the position without a statement of cause. Any
fact which, in the discretion of council, is deemed to adversely affect the public interest,
including lack of attendance at meetings, may constitute cause.
7.1.4 Organization and Rules of Procedure
The zoning board of appeals shall organize, elect officers, and adopt rules of procedure as
required by SC Code 6-29-790.
7-2
Section 7.2 Powers & Duties of the Board of Zoning Appeals
The Board of Zoning Appeals shall have the following powers and duties in accordance with SC
Code 6-29-800:
A. To Hear and Decide Appeals. To hear and decide appeals where it is alleged there is error in
any order, requirement, decision, or determination made by the Zoning Administrator.
B. To Grant Variances. To authorize upon appeal in specific cases a variance from the terms of
this title as will not be contrary to the public interest where, owing to special conditions, a
literal enforcement of the provisions of the ordinance will, in an individual case, result in the
unnecessary hardship so that the spirit of the ordinance shall be observed, public safety and
welfare secured, and substantial justice done. Such variance may be granted in such
individual case of unnecessary hardship in accord with the conditions for approval set out in
Section 7.4. No variance shall be granted for a reduction in minimum lot size except as an
Administrative Variance as set forth in Section 8.3.4.
C. To Grant Special Exceptions. To permit uses by Special Exception as allowed for in the
individual zoning districts of Chapter 2 and subject to standards and conditions of Section
7.5.
7-3
Section 7.3 Appeals from Decisions of the Zoning Administrator
This process shall be followed for Appeals. See the details on the following page for each step.
Step 1
Application Submitted
Step 2
Administrative Examination
Step 3
Public Notice
Step 4
Public Hearing
Step 5
Review & Action
Step 6
Notification of Decision
Step 7
Appeal from BZA Decision
7-4
Step 1. Application Submitted
The appellant shall submit a completed appeal application and fee in accordance with the
schedule of fees not more than 30 days from the decision of the Zoning Administrator.
Step 2. Administrative Examination
Upon receipt of an application, the Zoning Administrator shall examine it for completeness, and
shall, within ten days, either return the application for additional information or forward it to the
responsible governmental authority for review and action.
Step 3. Public Notice
Public notice shall include announcing the application for appeal in a newspaper of general
circulation in Colleton County at least fifteen (15) days prior to the time the application is
scheduled for a public hearing. The notice shall state the nature of the appeal and the time, date,
and place of the hearing.
Step 4. Public Hearing
The Board of Zoning Appeals (BZA) shall conduct a public hearing on all applications for
appeals from decisions of the Zoning Administrator.
Step 5. Review and Action
Appeal applications shall be heard and decided by the BZA based on information presented by
the applicant and the Zoning Administrator relative to the specific ordinance provision being
appealed.
Step 6. Notification of Decision
A. All applicants shall be notified in writing of final action.
B. An approved appeal shall be accompanied by an order of the BZA.
Step 7. Appeals from BZA Decisions
Any person who may have a substantial interest in any decision of the BZA may appeal said
decision to the circuit court in and for the County of Colleton by filing with the clerk of such
court a petition in writing setting forth plainly, fully, and distinctly wherein such decision is
contrary to law. Such appeal shall be filed within thirty (30) days after the decision of the board
is rendered.
7-5
Section 7.4 Variances
This process shall be followed for Variances. See the details on the following page for each step.
Step 1
Step 2
Step 3
Public Notice
Step 4
Public Hearing
Step 5
Review & Action
Step 6
Step 7
7-6
The applicant shall submit a completed Variance application and fee in accordance with the
schedule of fees.
shall, within 10 days, either return the application for additional information or schedule it for
review and action by the Board.
A. Public notice shall include announcing the application for a Variance in a newspaper of
general circulation in Colleton County at least fifteen (15) days prior to the time the
application is scheduled for a public hearing. The notice shall state the nature of the change
and the time, date, and place of the hearing.
B. A notice of the public hearing shall be conspicuously posted on or adjacent to the subject
property. At least one (1) posted notice must be visible from each street that abuts the
property.
Special Exceptions.
A. Applications for a Variance shall be evaluated by the BZA on the basis of the following
conditions:
1. There are extraordinary and exceptional conditions pertaining to the particular piece of
property.
2. These conditions do not generally apply to other property in the vicinity.
3. Because of these conditions, the application of the Ordinance to the particular piece of
property would effectively prohibit or unreasonably restrict the utilization of the property.
4. The authorization of a variance will not be of substantial detriment to adjacent property
or to the public good, and the character of the district will not be harmed by the granting
of the variance.
B. The BZA may not grant a Variance the effect of which would be to allow the establishment
of a use not otherwise permitted in a zoning district, to extend physically a nonconforming
use of land, or to change the zoning district boundaries shown on the official zoning map.
The fact that property may be utilized more profitably, should a Variance be granted, may
not be considered grounds for a Variance.
C. The BZA shall not reconsider an application for a Variance for the same lot, parcel or
portion thereof, within a period of one (1) year from the date of final determination and
notification.
7-7
D. An approved Variance shall lapse and be of no further effect one (1) year after the date that
the Variance was approved by the BZA unless a complete application of a Zoning Permit is
submitted in accordance with Chapter 8 of this Ordinance, or if no Zoning Permit is required,
unless construction or development has commenced and is being diligently pursued.
E. One (1) one-year extension of a Variance approval may be allowed by the Board of Zoning
Appeals if construction or development has commenced and is being diligently pursued.
Applications for extensions of Variance approvals shall be submitted to the Zoning
Administrator in writing at least fifteen (15) days prior to the expiration of the Variance
approval.
Step 6. Notification of Decisions
A. All applicants for Variances shall be notified in writing of final action.
B. An approved Variance shall be accompanied by an order of the BZA to direct the issuance of
a permit.
contrary to law. Such appeal shall be filed within thirty (30) days after the decision of the board
is rendered.
7-8
Section 7.5 Special Exceptions
This process shall be followed for Special Exceptions uses as listed for each zoning district in
Chapter 2. See the details on the following page for each step.
Step 1
Step 2
Step 3
Public Notice
Step 4
Public Hearing
Step 5
Review & Action
Step 6
Step 7
7-9
The applicant shall submit a completed Special Exception application and fee in accordance with
the schedule of fees. Each application for a Special Exception that involves the construction or
addition of building area, land area, or parking area shall be accompanied by a Site Plan as set
forth in Section 8.3.3.2.
shall, within 10 days, either return the application for additional information or schedule if for
review and action by the Board
A. Public notice shall include announcing the application for a Special Exception in a
newspaper of general circulation in Colleton County at least fifteen (15) days prior to the
time the application is scheduled for a public hearing. The notice shall state the nature of the
change and the time, date, and place of the hearing.
B. A notice of the public hearing shall be conspicuously posted on or adjacent to the subject
property. At least one (1) posted notice must be visible from each street that abuts the
property.
variances.
A. Applications for a Special Exception shall be evaluated by the BZA on the basis of the
following conditions:
1. Is consistent with the recommendations contained in the Colleton County Comprehensive
Plan and the character of the underlying zoning district, as indicated in the zoning district
“Description”;
2. Compatibility with existing uses in the vicinity and will not adversely affect the general
welfare or character of the immediate community;
3. Adequate provision is made for such items as: setbacks, buffering (including fences
and/or landscaping) to protect adjacent properties from the possible adverse influence of
the proposed use, such as noise, vibration, dust, glare, odor, traffic congestion and similar
factors;
4. Where applicable, will be developed in a way that will preserve and incorporate any
important natural features; and
5. Vehicular traffic and pedestrian movement on adjacent roads shall not be hindered or
endangered.
B. In granting a Special Exception, the BZA may attach to it such conditions regarding the
location, character, or other features of the proposed building or structure as the BZA may
consider advisable to protect established property values in the surrounding area or to
promote the public health, safety, or general welfare.
7-10
C. Granting a special exception in one case does not bind the Board to grant a special exception
in another similar case. Each case stands on its own facts. [Witherspoon v. City of Columbia,
291 SC 44, 351 S.E.2d 903 (1986)].
D. The BZA shall not reconsider an application for a Special Exception for the same lot, parcel
or portion thereof, within a period of one (1) year from the date of final determination and
notification.
E. An approved Special Exception shall lapse and be of no further effect one (1) year after the
date that the Special Exception was approved by the BZA unless a complete application of a
Zoning Permit is submitted in accordance with Chapter 8 of this Ordinance, or if no Zoning
Permit is required, unless construction or development has commenced and is being
diligently pursued.
F. One (1) one-year extension of a Special Exception approval may be allowed by the Board of
Zoning Appeals if construction or development has commenced and is being diligently
pursued. Applications for extensions of Special Exception approvals shall be submitted to
the Zoning Administrator in writing at least fifteen (15) days prior to the expiration of the
Special Exception approval.
Step 6. Notification of Decisions
A. All applicants for Special Exceptions shall be notified in writing of final action.
B. An approved Special Exception shall be accompanied by an order of the BZA.
contrary to law. Such appeal shall be filed within thirty (30) days after the decision of the BZA is
rendered.
7-11
PAGE LEFT
BLANK INTENTIONALLY
7-12
CHAPTER 8:
ADMINISTRATION
Section
Page
8.1
Purpose…………………………………….……………………………………….. 8-2
8.2
Administrator………….….…...………………..…………………...……………... 8-2
8.3
Permits………….……………………………..…..……………………………….. 8-2
8.4
Violations & Penalties...………...…………………..………….………...…...….... 8-6
8.5
Planning Commission………..…………………………………………………….. 8-7
8-1
CHAPTER 8: ADMINISTRATION
Section 8.1 Purpose
This Chapter sets forth the requirements for obtaining Zoning Permits, building permits, sign
permits, and certificates of occupancy. It also defines the duties, powers, and limitations of the
Zoning Administrator and Planning Commission, which may be involved in the administration
and enforcement of this Chapter.
Section 8.2 Administrator
A. The various provisions of this Zoning Ordinance shall be administered by the Zoning
Administrator and designated Planning Staff. It shall be the duty of the Zoning
Administrator to carry out and enforce this Ordinance, remedy violations of this Ordinance,
and issue permits in compliance with this Ordinance.
B. The Zoning Administrator shall maintain a record of all Zoning Permit on file at his office,
and copies shall be made available on request to interested parties.
Section 8.3 Permits
8.3.1 Responsibility
A. It shall be the responsibility of the Zoning Administrator or his designee to administer the
requirements for processing applications and issuing permits according with the provisions
of this Section. The Zoning Administrator shall collect such fees for the issuance of permits
as are authorized by the fee schedule as adopted by the County Council.
B. It shall be the responsibility of an applicant to provide the required information to process a
permit application.
8.3.2 Permits Required
A. No building, structure, or sign requiring a permit or any part thereof shall be erected, added
to or structurally altered, nor shall any excavation be commenced until the required permits
have been issued.
B. No building, structure or land shall be used; nor shall any building, structure or land be
converted, wholly or in part to any other use, until all applicable and appropriate County
licenses, certificates and permits have been issued certifying compliance with the
requirements of this Chapter.
C. No permits inconsistent with the provisions of this title shall be issued unless accompanied
by an approved variance.
D. The Zoning Administrator may make or require inspections of any land disturbing activity,
construction or maintenance requirement to ascertain compliance with the provisions of this
8-2
title and to ascertain compliance with approved permit applications, plats, plans, and/or
certificates.
E. The provisions of this Section shall not apply to the necessary construction, replacement or
maintenance by a public utility of its outside plant facilities, including such items as poles,
crossarms, guys, wire, cable and drops.
8.3.2.1 Zoning Permit
A. A Zoning Permit shall be required in advance of:
1. The issuance of a building permit.
2. Changing the use of any part of a structure or lot, including any increase in the
number of families or dwelling units occupying a building or lot. A change in use
shall mean that the new use is in a different land use category than the existing use.
(Commentary: For example, a single family residential house being converted to a
professional office is a change in use, but an electronics store being converted to a
clothing store is not a change in use, because both are a type of retail).
3. The installation of a manufacturing or other industrial process whose operation may
generate effects of the types and magnitudes limited by performance standards as set
forth in Section 3.2.19.
4. Installation of any sign for which a permit is required.
5. The establishment of a temporary use.
B. Not withstanding any other provisions of this Ordinance, no zoning permit is necessary
for the following uses:
1. Street or public utility repair;
2. Mailboxes, newspaper boxes, birdhouses, flag poles, pump covers, and doghouses;
3. Interior alterations and renovations which do not alter the footprint, elevation, height,
or use of an otherwise conforming use and/or structure.
C. When the Zoning Administrator receives an application for a Zoning Permit whose
proposed improvement and use described and illustrated conforms to all requirements of
this title, he/she shall issue a Zoning Permit and return a signed copy to the applicant
within ten days of receipt of the application.
D. When the Zoning Administrator receives an application for a Zoning Permit whose
proposed improvement and use described and illustrated does not conform to this
Ordinance, he/she shall deny the issuance of a Zoning Permit, and so advise the applicant
within 10 days, citing the particular sections of this title with which the application does
not comply.
E. If the Zoning Permit is denied, the applicant may appeal the action of the Administrator
to the Board of Zoning Appeals as provided for in Chapter 7. Such appeal shall be made
within 30 days of such permit denial.
F. If the work described in any Zoning Permit has not begun within one (1) year from the
date of issuance thereof, said certificate shall expire; it shall be canceled and written
8-3
notice thereof shall be given to the owner/developer, unless extended by the Zoning
Administrator upon application by the owner/developer.
8.3.2.2 Building Permits
A building permit shall be required of all proposed building and/or construction activity
unless expressly exempted by adopted County building and construction codes.
8.3.2.3 Sign Permits
Where a sign permit is required by Chapter 6 of this Ordinance, the permit application shall
be accompanied by the following:
A. A common signage plan, where applicable, in accord with the requirements of Section
6.2.3.
B. Identification of landowner and/or leaseholder of property on which the sign is to be
erected, including street address.
C. Name and address of owner of the sign.
D. Site plan sketch with dimensions (non-professionally drafted plan is acceptable) showing
the location of the sign with respect to the property and right-of-way lines, building and
setback lines, and buildings, parking areas, existing free-standing signs, and buffer areas.
E. Correct size, shape, configuration, face area, height, nature, number, and type of sign to
be erected, including the size of letters and graphics.
F. The value of the sign and sign structure.
G. The Zoning Administrator may waive any of the informational requirements listed above
deemed unnecessary to process an application.
8.3.2.4 Certificate of Occupancy
A. It shall be unlawful to use or occupy or permit the use of occupancy of any building or
premises, or both, or parts thereof hereafter created, erected, changed, converted, or
wholly or partly altered or enlarged in its use of structure until a certificate of
occupancy has been issued stating that the proposed use of the building or land
conforms to the requirements of this title.
B. Such certificate may be combined with or made a part of the certificate of occupancy
required under the building code.
C. Failure to obtain a certificate of occupancy shall be a violation.
D. The Zoning Administrator has discretion, but not required to, issue a temporary
certificate of occupancy for projects that have landscaping and/or parking requirements
such that that weather is not suitable for immediate installation of such landscaping
and/or parking. A temporary certificate of occupancy may be issued for a period not to
8-4
exceed 3 months. A final certificate of occupancy shall not be issued until such
landscaping and/or parking is installed.
8.3.3 Zoning Permit Application Procedures
A. Each application for a Zoning Permit shall be accompanied by a site plan as indicated.
The Zoning Administrator may waive any of the informational requirements listed above
deemed unnecessary to process an application for Minor and Major Site Plans.
8.3.3.1 Minor Site Plan
A. Minor site plans shall be required for single-family and two-family residential homes,
and any development with
less than 2,500 square feet of building area; and
less than 10 parking spaces required or provided; and
less than one (1) acre of land with a non-residential use
B. Minor Site Plans for a Zoning Permit do not have to be professionally drawn but shall
contain at a minimum the following information:
1. Shape and actual dimensions of the lot to be built upon;
2. Land acreage;
3. Location of the said lot with respect to adjacent rights-of-way;
4. Proposed use of the building or land;
5. Location and size of existing and proposed structures on the lot;
6. Required building setback lines;
7. Required buffers and landscaping;
8. Location and dimensions of parking and driveways;
9. Private water/septic approval by DHEC (if applicable);and
10. Such other information as may be essential for determining whether the provisions of
this Zoning Ordinance are being met as determined by the Zoning Administrator.
C. Two (2) copies of the site plan shall be submitted for review with the application for a
Zoning Permit.
8.3.3.2 Major Site Plan
B. Major site plans shall be required for any multi-family or non-residential development
with
2,500 square feet or more of building area; and
10 or more parking spaces required or provided; and
One (1) acre or greater of land with a non-residential use
C. Major Site Plans shall be professionally drawn and shall contain at a minimum the
following information:
1. All information required of General Property Surveys, in accordance with the
Minimum Standards Manual for the Practice of Land Surveying in South Carolina, as
promulgated by the Code of Laws of South Carolina, 1976, Title 40, Chapter 21;
2. Project title;
3. North arrow;
8-5
4. Original submittal date;
5. Revision dates;
6. Vicinity map;
7. Scale (between 1”=50’ and 1”=200’);
8. Zoning district and applicable overlay districts;
9. Adjacent property owner names, parcel numbers, and zoning;
10. Shape and actual dimensions of the lot to be built upon;
11. Land acreage;
12. Location of the said lot with respect to adjacent rights-of-way;
13. Proposed use of the building or land;
14. Location and size of existing and proposed structures on the lot;
15. Required building setback lines;
16. Required buffers and landscaping;
17. Location and dimensions of parking and driveways;
18. Drainage plan by qualified professional showing all structures and easements;
19. Boundaries of floodplains (if applicable);
20. Topography;
21. Location of water courses (if applicable);
22. Private water/septic approval by DHEC (if applicable);and
23. Such other information as may be essential for determining whether the provisions of
this Zoning Ordinance are being met as determined by the Zoning Administrator.
8.3.4 Administrative Variance
Administrative Variances may be issued by the Zoning Administrator for encroachments of a
principal building into any required yard up to a maximum of 10 percent of the applicable
required yard setback provided that:
A. The request involves only one (1) encroachment into one (1) required yard per lot;
B. The encroachment is a result of a construction error by the property owner or a person acting
on his behalf;
C. The encroachment cannot be corrected without substantial hardship and expense to the
property owner;
D. The encroachment, if approved, will not substantially interfere with the convenient and
enjoyable use of adjacent properties and will not pose any substantial danger to the public
health and safety.
8-6
Section 8.4 Violations & Penalties
8.4.1 Complaints Regarding Violations
Whenever a violation of this title occurs, or is alleged to have occurred, the Zoning
Administrator shall record and investigate such complaint, and take such action as provided by
this title. Complaints may be filed in writing or verbally, stating fully the cause and basis thereof.
8.4.2 Penalties for Violations
A. Any person violating any provisions of this Ordinance shall upon conviction be guilty of a
misdemeanor and shall be fined as determined by the court for each offense.
B. Withholding Permits. The Zoning Administrator shall deny a zoning permit for any use or
work which fails to comply with this chapter. The Zoning Administrator or other appropriate
official shall withhold all other county permits for work which violates this chapter.
C. Stop Work Orders. The Zoning Administrator is authorized to issue a stop work order
pursuant to SC Code 6-29-950(A) requiring work to cease until specific code violations are
corrected. Failure to comply with a stop work order of the Zoning Administrator is a
misdemeanor punishable under the general provisions of the county code. Issuance of a stop
work order may be appealed to the Board of Zoning Appeals.
D. Ordinance Summons. The Zoning Administrator is authorized to issue an ordinance
summons pursuant to county code provisions for violations of this chapter.
E. Arrest Warrant. The Zoning Administrator, with concurrence of the County Attorney, is
authorized to request the issuance of an arrest warrant for violations of this chapter.
F. Injunction. The Zoning Administrator shall submit a request to the County Attorney for
institution of a civil action seeking an injunction prohibiting violation of this chapter when
appropriate.
Section 8.5 Planning Commission
8.5.1 Establishment of Planning Commission
The Colleton County Planning Commission is hereby established under the provisions of the
S.C. Code, § 6-29-320.
8.5.2 Powers and Duties of the Planning Commission
A. It is the function and duty of the Planning Commission to undertake a continuing planning
program for the physical, social, and economic growth, development, and redevelopment of
the unincorporated areas of Colleton County. The Planning Commission may make, publish,
and distribute maps, plans, and reports and recommendations relating to the development of
its area of jurisdiction to County officials and agencies, public utility companies, civic,
educational, professional, and other organizations and citizens. The Planning Commission,
its members and employees, in the performance of its functions, may enter upon any land
8-7
with consent of the property owner or after ten days’ written notification to the owner of
record, make examinations and surveys, and place and maintain necessary monuments and
marks on them, provided, however, that the Planning Commission shall be liable for any
injury or damage to property resulting therefrom. In general, the Planning Commission has
the powers as may be necessary to enable it to perform its functions and promote the
planning of its political jurisdiction.
B. In the discharge of its responsibilities, the Colleton County Planning Commission has the
power and duty to:
1. Prepare and revise periodically plans and programs for the development and
redevelopment of its area of jurisdiction; and
2. Prepare and recommend for adoption to the county council as a means for implementing
the plans and programs in its area:
a. Zoning ordinances to include zoning district maps and appropriate revisions thereof;
b. Regulations for the subdivision or development of land and appropriate revisions
thereof, and to oversee the administration of the regulations that may be adopted;
c. An official map and appropriate revision on it showing the exact location of existing
or proposed public street, highway, and utility rights-of-way, and public building
sites, together with regulations to control the erection of buildings or other structures
or changes in land use within the rights-of-way, building sites, or open spaces within
its political jurisdiction or a specified portion of it;
d. A landscaping ordinance setting forth required planting, tree preservation, and other
aesthetic considerations for land and structures;
e. A capital improvements program setting forth projects required to implement plans
which have been prepared and adopted, including an annual listing of priority projects
for consideration by county council for implementation prior to preparation of the
capital budget; and
f. Policies or procedures to facilitate implementation of planning elements.
8.5.3 Composition of the Commission
A. The Planning Commission shall consist of nine (9) members appointed by County Council
for overlapping terms of four years. Five (5) members first appointed shall serve four (4)
years, and four members first appointed shall serve two years, such terms to be decided by
lot.
B. To the extent possible, membership should be representative of the racial and gender
composition of the county, and represent a broad cross section of the interests and concerns
of the County. No member shall be the holder of an elected public officer in Colleton
County.
C. Members shall serve until their successors are appointed and qualified.
8.5.4 Funding, Expenditures, and Contracts
The Commission may cooperate with, contract with, or accept funds from federal government
agencies, state government agencies, local general purpose governments, school districts, special
purpose districts, including those of other states, public or eleemosynary agencies, or private
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individuals or corporations; it may expend the funds; and it may carry out such cooperative
undertakings and contracts as it considers necessary.
8.5.5 Removal of Members
Members of the Planning Commission may be removed at any time by County Council for
cause. The existence of cause shall be discussed by the council in executive session as permitted
by the Freedom of Information Act, S.C. Code, § 30-4-70(a)(1), and the determination of
removal shall be by vote in public session declaring a vacancy in the position without a statement
of cause. Any fact which, in the discretion of council, is deemed to adversely affect the public
interest, including lack of attendance at meetings, may constitute cause.
8.5.6 Organization and Rules of Procedure
The Planning Commission shall organize, elect officers, and adopt rules of procedure as required
by S.C. Code, § 6-29-360.
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CHAPTER 9:
NONCONFORMITIES
Section
Page
9.1
Purpose and Applicability.………….….…...……….…………………...… ……... 9-2
9.2
Continuation……………………………………..…...………………………….…. 9-2
9.3
Modification……….…...………….……………………………………………….. 9-2
9.4
Discontinuance…….………...………………………...………….………...…….... 9-3
9.5
Nonconforming Lot of Record..……….……..……..……………………………... 9-4
9.6
Nonconforming Signs…………………………………..………………………….. 9-4
9.7
Nonconforming Landscaping & Buffers…………………………………………... 9-5
9.8
Nonconforming Parking & Loading……………………………………………….. 9-5
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CHAPTER 9: NONCONFORMITIES
The purpose of this Chapter is to regulate and limit the continued existence of uses and structures
established prior to the effective date of this Ordinance (or any amendment subsequent thereto)
that do not conform to this Ordinance. Any nonconformity created by a change in the
classification of property or the text of these regulations shall be regulated by the provisions of
this Chapter. Many non-conformities may continue but the provisions of this chapter are
designed to minimize substantial investment in nonconformities and to bring about eventual
elimination, as well as lessen their impact upon surrounding conforming properties in order to
preserve the integrity of the area in which it is located and the intent of this Ordinance.
Section 9.2 Continuation of a Nonconforming Situation
A. Nonconforming uses, buildings, or structures are declared in this Chapter to be incompatible
with permitted construction in the districts in which they are located.
B. However, to avoid undue hardship, the lawful use of any such use, building, or structure at
the time of the enactment, amendment, or revision of the ordinance codified in this title may
be continued (grandfathered) even though such use, building, or structure does not conform
with the provisions of the ordinance codified in this title, with the following exceptions:
1. Existing scrap (junk) and waste yards shall meet in full the screening requirements of
Section 4.2.1. Any active motor vehicle parts establishment which existed prior to this
section that is primarily engaged in the dismantling of motor vehicles for the purpose of
selling motor vehicle parts and of which 75 percent of the owner’s or owners’ income is
derived therefrom, meaning directly from the sale of parts and materials salvaged from
vehicles, shall not be considered a scrap (junk) or waste yard for the purposes of this
section. The county shall have the right to request whatever documentation it deems
necessary to administer this provision.
2. All outdoor kennels shall meet in full the kennel requirements of Section 3.2.3.
Section 9.3 Modification of Nonconforming Situations
A proposed change or modification to a nonconforming use shall be governed by the following:
9.3.1 Change of Nonconforming Use
A. If a change from one nonconforming use to another is proposed and no structural alterations
are involved, the change may be permitted, provided:
1. Nonconformity of dimensional requirements such as height, density, setbacks, or other
requirements such as off-street parking shall not be increased; and
2. The proposed change will have little discernible impact over the existing nonconforming
use.
B. If a change to a permitted use is proposed which is nonconforming only as to dimensional
requirements such as height, density, setbacks, or other requirements such as off-street
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parking, the change may be permitted, provided that all applicable requirements that can be
reasonably complied with are met.
C. Compliance with a requirement is not reasonably possible if it cannot be achieved without
adding land to the lot of the nonconforming use or moving the use if it is on a permanent
foundation.
D. Whenever a nonconforming use of land or building has been changed to a more restricted
use or to a conforming use, such use shall not thereafter be changed back to a less restricted
or nonconforming use.
9.3.2 Enlargement or Expansion of Nonconforming Use
Enlargement or expansion of a nonconforming building, use, or structure shall be permitted,
provided such enlargement does not exceed 20 percent of the existing building or use and all
applicable setbacks, buffer area, and off-street parking requirements for the district within which
it is located are met. [Commentary: For example, a nonconforming used car lot may increase
its size by 15 percent as long as all setback requirements of the district are met, buffer yard
(Type B landscaping) requirements are met, and the required number of parking spaces for the
enlarged use are provided].
9.3.3 Repair or Alteration of Nonconforming Use, Building, or Structure
The repair or alteration of a nonconforming use shall in no way increase the nonconformity of
said use, except as otherwise permitted by Section 9.3.2.
9.3.4 Replacement of Nonconforming Use or Structure
A. A building permit for the replacement of a nonconforming building or structure or a building
or structure containing a nonconforming use, where damaged or destroyed by fire or other
natural disaster, must be initiated within 12 months of the time of the damage or destruction
or forfeit the right of replacement.
B. Replacement of a nonconforming mobile or manufactured home (Eds. Note: Referring to the
use where not permitted in the district) once removed from a lot or parcel shall be
accomplished within 30 days of removal or forfeit nonconforming status, and if replaced
shall not infringe on established setbacks, and shall meet in full the requirements of Section
3.2.17 of this Ordinance.
Section 9.4 Discontinuance of a Nonconforming Situation
If a nonconforming use is discontinued or abandoned for a continuous period of more than six
(6) months, including any period of discontinuation before the effective date of this Ordinance,
then that use shall not be renewed or reestablished and any subsequent use of the lot or structure
shall conform to the regulations of this Ordinance.
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Section 9.5 Nonconforming Lot of Record
A. A nonconforming lot that exists prior to the adoption of this Ordinance may be built upon
provided that the use of the land is in accordance with this Ordinance and all setbacks for the
zoning district are met.
B. Where the owner of a lot at the time of December 5, 2000, does not own sufficient land to
meet the setback requirements of this Ordinance, such lot may nonetheless be used as a
building site provided applicable setback requirements are not reduced by more than 25
percent. Setback reductions greater than 25 percent shall be referred to the Board of Zoning
Appeals for consideration. If, however, the owner of two (2) or more adjoining lots with
insufficient land dimensions decides to build on or sell off these lots, they must first be
combined to comply with the dimensional requirements of this Ordinance.
Section 9.6 Nonconforming Signs
A. The lawful use of any permanently mounted sign existing at the time of the enactment of the
ordinance codified in this title may be continued although such use does not conform with
the provisions of this title, except those declared abandoned or dilapidated, which shall be
removed or remedial action taken upon notification by the Zoning Administrator.
B. Any existing sign which is subsequently abandoned shall be removed, and any existing sign
that is subsequently destroyed or damaged to the extent of 60% percent or more of its
replacement cost, shall be removed or brought into conformity with these regulations.
C. Any nonconforming temporary sign shall be removed or brought into conformity no later
than 60 days following December 5, 2000.
D. An order under this Section shall be issued in writing to the owner or responsible party of
any such sign, or of the building or premises on which such sign is located to comply within
30 days time. Upon failure to comply with such notice, the Zoning Administrator may cause
the sign to be removed and any costs of removal incurred in the process may be collected in
a manner prescribed by law.
Section 9.7 Nonconforming Landscaping and Buffering
In accordance with Chapter 4 of this Ordinance, certain uses are required to provide buffering
and/or landscaping on-site. The following shall apply to nonconforming buffering and
landscaping:
A. Except as herein provided, any expansion of an existing use in building area or activity by
more than 20 percent, which is deficient in landscaping and/or buffering, or any change in
principal use cannot occur without the required screening and/or landscaping having first
been provided on-site.
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B. Expansions to the parking area or loading areas which increase the total building area or use
more than 20 percent shall be required to comply with all applicable parking and loading
area landscaping and screening.
Section 9.8 Nonconforming Parking and Loading
A. On any lot in any zoning district, which contains a use which does not comply with the offstreet parking and loading regulations contained in Chapter 5 of this Ordinance, no
expansion or any change of use shall be approved which would result in a need to increase
the number of off-street parking and/or loading spaces required (except as herein provided),
until the requisite number of off-street parking spaces and all paving requirements have been
met.
B. A Zoning Permit may be issued when there has been a change in a principal use and the
number of off-street parking spaces required for the new use (per Chapter 5 of this
Ordinance) is within 10 percent or 10 spaces, whichever is less, of the number of off-street
parking spaces actually provided. Such relief may be granted on a one-time only basis per
lot or planned development. In such instances where relief is provided, the additional
parking spaces need not be paved (but shall have a graded gravel, crushed-stone or similar
dust-reducing surface) if the parking lot prior to said expansion was not paved.
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CHAPTER 10:
MAP AND TEXT AMENDMENTS
Section
Page
10.1
Purpose……………...………….….…...……….…………………...……………... 10-2
10.2
Amendment Initiation……………...……………….…………….………...…….... 10-2
10.3
Application Submittal….....………………..……………………………..... ………10-2
10.4
Text Amendment Process……………………………...………………………….. 10-2
10.5
Map Amendment Process……………...……………..……..…………………….. 10-3
10-1
CHAPTER 10: MAP AND TEXT AMENDMENTS
Section 10.1 Purpose
The purpose of this Chapter is to set forth procedures for amending the text of these regulations
and the zoning classification of land as shown on the Zoning Map. The purpose is not to relieve
particular hardships, nor to confer special privileges or rights on any person, but only to make
adjustments necessary in light of changed conditions or changes in public policy. Procedures for
making amendments to the Zoning Ordinance text or Zoning Map are also set forth.
Section 10.2 Amendment Initiation
A. Zoning Ordinance Text Amendments may be initiated by any of the following parties:
Zoning Administrator or designee
Planning Commission
County Council
B. Zoning Map Amendments may be initiated by any of the following parties:
Property owner or agent of property owner
Option holder
Planning Commission
County Council
C. Parties not listed may petition the Planning Commission and/or council to initiate a change,
but the Planning Commission is not bound to act on behalf of the petitioner.
Section 10.3 Application Submittal
A. An application form and fee shall be submitted by the applicant to the Zoning Administrator.
The application shall include a description of the proposed change. The application form
and fee shall be waived for any amendment request submitted by a Colleton County official
or agency acting on behalf of the Colleton County.
B. Upon receipt of an application, the Zoning Administrator shall examine it for completeness,
and shall within 10 days either return the application for additional information or forward it
to the Planning Commission for review.
Section 10.4 Text Amendment Process
10.4.1 Planning Commission Action
A. The Zoning Administrator shall forward all text amendment requests to the Planning
Commission for review and recommendation. The Planning Commission shall act on a
completed application within thirty (30) days after receipt thereof
to defer not more than thirty (30) days; or
to recommend either denial or approval.
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B. The decision shall be determined by a majority of those voting. Failure to act within said
time frame shall constitute a recommendation of approval.
C. The Commission may consider the proposed text amendment relative to the following:
1. How it relates to and affects the comprehensive plan.
2. Changes in conditions since the adoption of the plan or ordinance.
3. The need to correct an error or deficiency in the ordinance or the plan.
4. Any benefits which would be derived from the amendment.
5. Any cost to the government generated by the amendment in terms of expenditures for
public improvements, facilities, and services.
D. The Commission shall forward its recommendation to the County Council for final action
following a public hearing.
10.4.2 County Council Action
A. Notice of public hearing shall include announcing the Text Amendment request in a
time the application is scheduled for a public hearing. The notice shall state the nature of the
change and the time, date, and place of the hearing.
B. County Council shall consider the recommendation of the Planning Commission and vote to
approve, deny, or modify a proposed amendment, or refer it back to the Planning
Commission for further study, or take other action as it may deem necessary.
10.4.3 Effect of Approval
An approved text amendment shall become effective immediately after such adoption.
10.4.4 Appeals
Any person who may have a substantial interest in any decision of the County Council may
appeal said decision to the circuit court in and for the County of Colleton by filing with the clerk
of such court a petition in writing setting forth plainly, fully, and distinctly wherein such decision
is contrary to law. Such appeal shall be filed within thirty (30) days after the decision of the
County Council is rendered.
Section 10.5 Map Amendment (Rezoning) Process
10.5.1 Planning Commission Action
A. The Zoning Administrator shall forward all Map Amendment requests to the Planning
Commission for review and recommendation. The Planning Commission shall act on a
completed application within thirty (30) days after receipt thereof
to defer not more than thirty (30) days; or
to recommend either denial or approval.
B. The decision shall be determined by a majority of those voting. Failure to act within said
time frame shall constitute a recommendation of approval.
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C. The Commission is encouraged to consider and recommend approval if the proposed map
amendment meets the following criteria:
1. The proposed amendment is consistent with the Comprehensive Plan and the stated
purpose of this Ordinance.
2. The proposed amendment will allow development that is compatible with existing uses
and zoning of nearby property.
3. The County and other service providers will be able to provide adequate water and sewer
supply, stormwater facilities, waste disposal and other public facilities and services to the
subject property, while maintaining adequate levels of service to existing development.
4. The applicant provides documentation that the proposed amendment will not result in
significant adverse impacts on other property in the vicinity of the subject tract or no the
environment, including air, water, noise, stormwater management, wildlife and natural
resources; and
5. The subject property is suitable for the proposed zoning classification considering such
things as parcel size, parcel configuration, road access, and the presence of natural
resources and amenities.
D. The commission shall forward its recommendation to County Council for final action
following a public hearing.
10.5.2 County Council Action
A. Notice of public hearing shall include announcing the Map Amendment request in a
time the application is scheduled for a public hearing. The newspaper notice shall state the
nature of the change and the time, date, and place of the hearing. Notice of public hearing
for a map amendment shall also include posting the affected property. Such notice shall be
posted at least fifteen (15) days prior to the hearing.
B. County Council shall consider the recommendation of the Planning Commission and vote to
approve, deny, or modify a proposed amendment, or refer it back to the Planning
Commission for further study, or take other action as it may deem necessary.
10.5.3 Effect of Approval
A. All applicants shall be notified in writing of final action.
B. An approved map amendment shall become effective immediately after such adoption.
10.5.4 Appeals
Any person who may have a substantial interest in any decision of the County Council may
appeal said decision to the circuit court in and for the County of Colleton by filing with the clerk
of such court a petition in writing setting forth plainly, fully, and distinctly wherein such decision
is contrary to law. Such appeal shall be filed within thirty (30) days after the decision of the
board is rendered.
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10.5.5 Consideration of Denied Applications
The Planning Commission shall not reconsider an application for change or relief to the same lot,
parcel or portion thereof, within a period of one (1) year from the date of final determination and
notification.
10.5.6 Consistency with Comprehensive Plan
Zoning regulations and map amendments shall be consistent with the Comprehensive Plan in
accordance with SC Code 6-29-720(B). [Commentary: However, the courts will not overturn a
“fairly debatable” determination by the County Council that a zoning regulation or amendment
is consistent with the comprehensive plan (Knowles v. City of Aiken, 305 SC 219, 407 S.E2d 639
(1991))].
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CHAPTER 11:
DEFINITIONS
Section
Page
11.1
Purpose……………..………….….…...……….…………………...……………... 11-2
11.2
Interpretation……..…….………………………………………………………….. 11-2
11.3
Acronyms………………………………………………………………………….. 11-3
11.4
Definitions…………………………….…………….…………….………...……....11-3
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CHAPTER 11: DEFINITIONS
Section 11.1 Purpose
For the purpose of interpreting this Ordinance, certain words, concepts, and ideas are defined
herein. Except as defined herein, all other words used in this Ordinance shall have their
everyday meaning as determined by their dictionary definition.
Section 11.2 Interpretation
A. Words not defined herein shall have the meanings stated in the International Building Code
or International Fire Code. Words not defined in the standard codes shall have the meanings
in the latest edition of Webster’s Dictionary.
B. Words in the present tense include the future tense. Words used in the singular include the
plural, and words used in the plural include the singular.
C. The word “shall” is always mandatory.
D. The word “may” is permissive.
E. The word “lot” includes the word “plot” or “parcel.”
F. The word “person” includes a firm, association, organization, partnership, trust company, or
corporation, as well as an individual.
G. The word “used” or “occupied” as applied to any land or building shall be construed to imply
that said land or building is in actual use or occupancy and shall be construed to include the
words “intended,” “arranged,” or “designed to be used or occupied.”
H. The word “map” or “zoning map” shall mean the official zoning map of Colleton County,
South Carolina.
I.
The term “Planning Commission” refers to the Colleton County Planning Commission.
J. The term “Council” refers to the Colleton County Council.
K. The term “Board of Zoning Appeals” refers to the Colleton County Board of Zoning
Appeals.
L. Any word denoting gender includes the female and the male.
M. The word "person" includes a firm, association, organization, partnership, corporation, trust
and company as well as an individual.
N. The word "structure" shall include the word "building."
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O. The term “street” shall include the word “road”.
Section 11.3 Acronyms
Below is a list of acronyms (other than zoning districts) and their meanings found throughout the
Ordinance:
BFE: Base Flood Elevation
SC DHEC: South Carolina Department of Health and Environmental Control
DUA: Dwelling Units per Acre
FEMA: Federal Emergency Management Agency
FIRM: Flood Insurance Rate Maps
HOA: Homeowners Association
SCDOT: South Carolina Department of Transportation
ROW: Right-of-way
SC: South Carolina
US: United States of America
Section 11.4 Definitions
“Abutting” means sharing a common border; physically touching.
“Agricultural production” means
The cultivation of soil for production and harvesting of crops, including but not limited to
fruits, vegetables, sod, flowers and ornamental plants; and/or
The planting and production of trees and timber; and/or
Dairying and the raising, management, care, and training of livestock, including horses,
bees, poultry, and other animals for individual and public use, consumption, and
marketing; and/or
Uses which shall not be deemed as "agricultural uses", for the purposes of this Ordinance,
include:
zoos
kennels
riding stables and academics
“Agricultural support services” includes the operation, management, conservation,
improvement, and maintenance of a farm and the structures and buildings on the farm,
including building and structure repair, replacement, expansion, and construction incident to
the farming operation; and/or the marketing and selling of agricultural products, agritourism,
the storage and use of materials for agricultural purposes, packing, treating, processing,
sorting, storage, and other activities performed to add value to crops, livestock, and
agricultural items produced on the farm, and similar activities incident to the operation of a
farm.
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“Airport elevation” means the established elevation of the highest point on the usable landing
area.
“Airport hazard” means any structure, tree, or use of land which obstructs the airspace required
for, or is otherwise hazardous to the flight of aircraft in landing or taking off at the airport.
“Airport reference point” means the point established as the appropriate geographic center of the
airport landing areas and so designated.
“Animal production” means the dairying and the raising, management, care, and training of
livestock, including horses, bees, poultry, and other animals for individual and public use,
consumption, and marketing.
“Animal services” means a public or private facility for medical or surgical treatment, grooming,
breeding, selling, or boarding of animals. Unless outdoor kennels are specifically allowed, all
facilities associated with animal services shall be located indoors.
“Area of shallow flooding” means a designated AO or VO zone shown on flood insurance rate
maps (FIRM) with base flood depths of one to three feet, where a clearly defined channel does
not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow
may be evident.
“Area of special flood hazard” means the land in the flood plain subject to a one percent or
greater chance of flooding in any given year.
“Automotive services” means any building, premises, and land, in which or upon the primary use
of land is a business which involves the maintenance, servicing or sale of new or used
automobiles or boats generally but may include light trucks or vans, trailers, or recreation
vehicles and including any vehicle leasing, rental, parking service, preparation or repair work
conducted. This definition includes but is not limited to auto dealerships, auto body shops, auto
service stations, boat repair or sales, car washes, convenience stores, gas stations, truck stops,
and oil/lube servicing. This does not include the sale of parts or related products (i.e. auto parts
store).
“Base flood” means the flood having a one percent chance of being equaled or exceeded in any
given year.
“Bed and breakfast inn” means any owner-occupied dwelling or portion thereof offering rooms
and meals at breakfast to transient lodgers in return for compensation.
“Buildable area” means that portion of any lot which may be used or built upon in accordance
with the regulations governing the zoning district within which the lot is located when the front,
side and rear yard, open space, and applicable buffer area requirements have been met.
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“Building alteration” means any act or process that changes one or more of the exterior
architectural features of a structure, including, but not limited to, the erection, construction,
reconstruction, or removal of any structure.
“Campgrounds” means land containing (5) or more campsites which are located, established, or
maintained for occupancy by people in temporary living quarters, such as tents, recreation
vehicles, or travel trailers which are used for recreation or vacation purposes.
“Canopy tree” means a deciduous tree that forms the top layer of vegetation in a forest.
Examples of such trees include oaks, hickories, maples, poplars, and others.
“Cemetery, accessory” means a portion of property used for the interment of the dead. An
accessory cemetery is located at the site of another principal use such as a religious institution or
place of worship. A cemetery shall not be used for the preparation or embalming of bodies or the
cremation of bodies.
“Cemetery, family” means a family plot used for the interment of the dead of a family related by
blood, marriage, or adoption. A cemetery shall not be used for the preparation or embalming of
bodies or the cremation of bodies.
“Cemetery, principal” means property used principally for the interment of the dead, which use
may include the commercial sale and location of burial lots, crypts, or vaults for use exclusively
on the subject property. A cemetery shall not be used for the preparation or embalming of bodies
or the cremation of bodies.
“Certificate of occupancy” means a document allowing the occupancy or use of a building or
certifying that the structure or use has been constructed or will be used in compliance with all
applicable provisions of this title and the building code.
“Conditional use” means use of land or structure, which is permitted in a district under
conditions, specified in the zoning ordinance.
“Condominium” means a unit in a multi-unit structure owned by an individual who has use of all
common areas associated with that structure.
“Conservation subdivision” means the grouping of lots in order to conserve land, open space,
and natural resources and provide for innovation in the design of a residential project. Overall
density does not change in a conservation subdivision.
“Day care services” means and includes any home, center, agency, or place, however styled,
where children, elderly, and other persons not related to the operator are received for custodial
care, apart from their parents, whether for compensation, reward, or otherwise during part or all
of the day or any number of successive days.
“Density” means the number of dwelling units per acre of land developed or used for residential
purposes. Density requirements in this title are expressed in dwelling units per gross acre; that is,
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per acre of land devoted to residential use is based on the total land area within a development
tract or subdivision, excluding nothing.
“Developer” means an individual, partnership, or corporation (or agent therefor) that undertakes
the activities covered by these regulations.
“Development” means any manmade change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation, or drilling operations.
“DHEC” means the South Carolina department of health and environmental control.
“Domestic animal shelter” means a pen, shelter, or structure where no more than three dogs or
small domestic animals, not to include horses, cows, goats, swine including pot bellied pigs,
sheep, ponies, grazing animals, and fowl of any kind, are boarded and kept.
“Drainage” means the removal of surface water or groundwater from land by drains, grading, or
other means.
“Driveway” means a paved or unpaved area used for ingress and egress of vehicles, and allowing
access from a street to a building or other structure or facility.
“Dwelling” means a building or portion of a building arranged or designed exclusively for
human habitation.
“Dwelling, apartment” (See dwelling, multi-unit).
“Dwelling, detached” means a single dwelling unit, surrounded by open space or yards and
which is not attached to any other dwelling by any means.
“Dwelling, duplex” means a building containing two dwelling units.
“Dwelling, group occupied” means a dwelling unit occupied by five or more individuals
unrelated by blood, marriage, adoption, or guardianship living together as a single housekeeping
unit.
“Dwelling, multi-family” means a building containing three (3) or more dwelling units.
“Dwelling, residential designed manufactured home” means a single-family dwelling unit built
according to the Federal Manufactured Housing Construction and Safety Standards (245 CFR
3280) HUD Code, 6-15-76, and which:
Has a minimum width over 20 feet (multiple-section);
Has a minimum of 900 square feet of enclosed living area;
Has a minimum 3:12 roof pitch; and has a type of shingle commonly used in standard
residential construction;
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Is covered with an exterior material customarily used on site built homes, including vinyl or
aluminum lap siding, wood, masonite, or other materials similar to the exterior siding
commonly used in standard residential construction; and
Has a roof overhang of not less than eight inches.
“Dwellings, single-family” means a building containing one dwelling unit.
“Dwellings, standard designed manufactured home” means a single family dwelling unit built
according to the Federal Manufactured Housing Construction and Safety Standards (24 CFR
3280) HUD Code, 6-15-76, and which does not meet the definition of a Residential Designed
Manufactured Home.
“Dwelling, townhouse” means a type of multi-family dwelling that includes series of attached
dwelling units on separate lots, which may or may not have a common roof and are separated
from each other by common vertical walls.
“Dwelling unit” means a single unit providing complete, independent living facilities for one or
more persons including permanent provisions for living, sleeping, eating, cooking, and
sanitation.
“Easement” means a right-of-way granted to another party for specific limited use.
“Elevated building” means a non-basement building constructed to have the lowest floor
elevated above the ground level by means of fill, solid foundation perimeter walls, pilings,
columns, (post and piers), shear walls, or breakaway walls.
“Emergency services”
Police department, fire department, rescue squad, emergency medical technicians, ambulatory
services, or similar services that respond in the event of an emergency.
“Evergreen tree” means a coniferous or deciduous tree that remains green throughout the year.
“Family” means one or more persons related by blood, marriage, adoption, or guardianship, and
not more than four persons not so related, except that nine (9) or fewer mentally and physically
handicapped persons for whom care is provided on a twenty-four (24) hour basis shall be
construed to be a family, in accord with the provisions of 6-7-830 of the South Carolina Code of
Laws.
“Family group development” means a group of individual homes on a single lot of record
occupied by persons related by blood, marriage, adoption, or guardianship.
“Federal manufactured home construction and safety standards” means regulations promulgated
by the Department of Housing and Urban Development (HUD) governing the design and
construction, strength and durability, transportability, fire resistance, energy efficiency, and
quality of manufactured housing. These standards also set performance requirements for heating,
plumbing, air conditions, thermal, and electrical systems.
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“Flood” means a general and temporary condition of partial or complete inundation of normally
dry land areas.
“Flood hazard boundary map (FHBM)” means an official map issued by the Federal Emergency
Management Agency has delineated both the areas of special flood hazard and the risk premium
zones.
“Flood-resistant material” means any building material capable of withstanding direct and
prolonged contact (minimum seventy-two (72) hours) with floodwaters without sustaining
damage which requires more than low-cost cosmetic repair.
“Floodway” means the channel of a river or other watercourse and the adjacent land area that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot.
“Floor” means the top surface of an enclosed area in a building (including basement), i.e. top of
slab in concrete slab construction or top of wood flooring in wood frame construction. The term
does not include floor of a garage used solely for parking vehicles.
“Floor area ratio” means an intensity measure of land use derived at by dividing the total floor
area of a building by the total site area.
“Fuel supply services” means a business that distributes petroleum, biodiesel, or similar fuel
products. This does not include gas stations, which are a type of automotive service. Such
businesses may have above ground or below ground tanks.
“Garage, private” (As defined by the International Building Code.)
“Garage, public” (As defined by the International Building Code.)
“Grandfathered use” means any nonconformity defined by this title, which nonconformity may
continue without limitation, unless otherwise stipulated, and shall be unaffected by the terms of
this title.
“Gross floor area (GFA)” means the sum of the floor area for each of a building’s stories
measured from the exterior limits of the faces of the structure, including basement floor area. It
does not include unenclosed porches or any floor space in an accessory building or in the
principal building, which is designed for parking of motor vehicles.
“Group Development” means the changing of land characteristics through development,
redevelopment, and/or construction of condominium complexes, commercial parks, shopping
centers, industrial parks, manufactured home parks, and similar developments for sale, lease, or
any combination of owner and rental characteristics.
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“Habitable dwelling” means a dwelling meeting the minimum habitability requirements of this
title, and other applicable regulations.
“Hazard to air navigation” means an obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
“Heavy construction contractor” means a construction contractor that utilizes heavy equipment
including but not limited to earthmoving equipment and/or cranes.
“Height” means the vertical distance of a structure or vegetation.
“Home occupation” means any occupation within a dwelling, or an accessory building clearly
incidental thereto, carried on by a member or members of the family residing on the premises.
“Improvement” means any man-made immovable item that becomes part of, placed upon, or is
affixed to real estate.
“Instrument runway” means a runway equipped or to be equipped with a precision electronic
navigation aid or landing aid or other air navigation facilities suitable to permit the landing of
aircraft by an instrument approach under restricted visibility conditions.
“Kennel, outdoor” means any place or premises, used in whole or in part for the purpose of
keeping, housing, or raising 24 or more animals in any combination outside of a fully enclosed
structure whether the animals are boarded, are pet animal rescues, or are household pets.
“Larger than utility runway” means a runway that is constructed for and intended to be used by
propeller driven aircraft of greater than twelve thousand five hundred (12,500) pounds maximum
gross weight and jet powered aircraft.
“Livestock” means the keeping or raising of cattle, sheep, goats, swine, horses, donkeys, mules,
burroughs, buffalo, llamas, or similar animal.
“Lot” means a parcel of land considered as a unit. The terms “lot,” “lot of record,” “property,” or
“tract,” whenever used in this title are interchangeable.
“Lot, corner” means a lot located at the intersection of two or more streets.
Lot, Existing. “Existing lot” means a lot or parcel that existed prior to the adoption of the
ordinance codified in this chapter (December 5th, 2000) in its same size, geometric shape, and
dimension as it is currently recorded or deeded with the County RMC office.
“Lot, flag” means a lot that has less than the minimum lot width at the minimum front setback
for the zoning district in which it is located but reaches the minimum lot width at a point farther
back on the lot.
“Lot, through or double frontage” means a lot which has frontage on more than one street.
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“Lot, interior” means a lot, other than a corner lot, which has frontage on only one street other
than an alley.
“Lot depth” means the horizontal distance between front and rear lot lines.
“Lot of record” means a lot, the boundaries of which are filed as legal record.
“Lot width” means the horizontal distance between the side lines of a lot measured at right
angles to its depth along a straight line parallel to the front lot line at the front setback.
“Lot area” means the area contained within the boundary line of a lot.
“Lot line” means a line bounding a lot which divides one lot from another or from a street or any
other public or private space.
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“Manufactured home park” means a lot or parcel with space, improvements and utilities for the
long-term parking of three or more manufactured homes, which may include services, and
facilities for the residents.
“Manufactured home park space” means a plot or ground within a manufactured home park
designed for the accommodation of one unit.
“Manufacturing, heavy” means the assembly, fabrication, production or processing of goods and
materials using processes that ordinarily have greater than average impacts on the environment,
or that ordinarily have significant impacts on the use and enjoyment of other properties in terms
of noise, smoke, fumes, odors, glare, health or safety hazards, or uses that otherwise do not
constitute “light manufacturing,” or any use where the area occupied by outdoor storage of goods
and materials used in the assembly, fabrication, production or processing exceeds 25 percent of
the floor area of all buildings on the lot. “Heavy manufacturing” shall include, but not be limited
to, the following: enameling, lacquering, or the plating or galvanizing of metals; foundries or
mills producing iron and steel products; industrial chemical manufacture; meat packing plants;
mixing plants for concrete or paving materials, and manufacture of concrete products; oxygen
manufacture and/or storage; pottery, porcelain, and vitreous china manufacture; poultry dressing
for wholesale; pressure treating of wood; stonecutting; tire recapping and retreading; tobacco
products manufacture; tobacco stemming and redrying plants; and textile manufacturing. This
shall not include resource extraction and recycling and salvage operations.
“Manufacturing, light” means the assembly, fabrication, production or processing of goods and
materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or
health or safety hazards outside of the building or lot where such assembly, fabrication,
production or processing takes place, where such processes are housed entirely within a building,
or where the area occupied by outdoor storage of goods and materials used in the assembly,
fabrication, production or processing does not exceed 25 percent of the floor area of all buildings
on the lot. This shall not include uses that constitute “heavy manufacturing”, resource
extraction, or recycling and salvage operations.
“Mini-warehouse” means a building or group of buildings in a controlled-access and fenced
compound that contains individual, compartmentalized and controlled-access stalls or lockers for
the dead storage of customer’s goods or wares.
“Mixed occupancy” means any building that is used for two or more occupancies classified by
different occupancy use groups.
“Mixed use building” means a two-story or taller building in which the ground floor contains a
commercial enterprise and at least one of the floors above contains residential units.
“Modular building unit or modular structure” means any building of closed construction,
regardless of type of construction or occupancy classification, other than a mobile or
manufactured home, constructed off-site in accordance with the applicable codes, and
transported to the point of use for installation or erection. When meeting the requirements of the
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Modular Building’s Construction Act (23-43-10 of the S.C. Code of Laws), said building unit or
structure may be located in any zoning district.
“Nonconforming Lot” means a lot duly recorded, the area, dimensions or location of which were
lawful prior to the adoption, revision or amendment of the this Ordinance which no longer by
reason of such adoption, revision or amendment, conforms to the present requirements of the
zoning district.
“Nonconforming Structure” means a structure or building, the size, dimensions or location of
which were lawful prior to the adoption, revision or amendment of the this Ordinance which no
longer by reason of such adoption, revision or amendment, conforms to the present requirements
of the zoning district.
“Nonconforming Use” means a structure or land lawfully occupied by an existing use which
does not conform with requirements of the zoning district in which it is situated, either at the
effective date of this Ordinance or as the result of subsequent amendments to this Ordinance.
“Non-residential use” means a principal use of land for other than residential purposes, i.e.
commercial, industrial, institutional.
“Office, professional” means a building that houses professional occupations which do not
generally involve the on-site sale of goods to customers, including but not limited to accountants,
real estate agents, engineers, architects, and lawyers.
“Outdoor market” means a use involving the sale of items outside an enclosed permanent
structure on the same property or by the same organizer(s) more than four (4) days per calendar
year. This may include outdoor farmers markets and flea markets.
“Parcel” means a land area bounded by property lines that is recognized as such by the county
assessor’s office.
“Parcel, Existing” means a lot or parcel that existed prior to the adoption of the ordinance
codified in this chapter (December 5th, 2000) in its same size, geometric shape, and dimension
as it is currently recorded or deeded with the County RMC office.
“Park” means a public facility open for recreation, with commercial activities for recreational
uses only, open space and public gardens.
“Park Model Trailer” means a recreational vehicle primarily designed and intended to provide
temporary living quarters for recreation, camping, or seasonal use. It is built on a single chassis,
mounted on wheels with a gross trailer area not exceeding 400 square feet in the setup mode.
Each Park Model shall be certified by its manufacturer as complying with ANSI A119.5.
“Personal care services” means services provided by licensed professional stylists, aestheticians,
and therapists including but not limited to hair care, nail care, waxing, massage therapy, and
similar spa services.
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“Place of worship” means a building or structure, or group of buildings or structures, which by
design and construction are primarily intended for conducting organized religious services whose
site may include an accessory area for the interment of the dead in a cemetery. Day care centers
(which have enrollment capacities in excess of 25 enrollees) and/or schools operated by the
church on the facilities of the church shall be considered separate principal uses.
“Plat” means a map or drawing upon which the developer’s plan of a subdivision or land
development is presented for approval.
“Precision instrument runway” means a runway with an instrument approach procedure utilizing
an Instrument Landing System (ILS) or Precision Approach Radar (PAR).
“Premises” means a lot, plot, or parcel of land including the buildings or structures thereon,
under control by the same owner or operator together with all adjacent land.
“Produce stand” means the sale of any form of agricultural or horticultural products at a retail
stand located on the same site where the products are grown. Off-site produce stands shall be
considered temporary uses and shall meet the requirements of such.
“Recreational group quarters” means any combination of two or more of the following uses: (1)
housing, including patio homes, single-family detached dwellings, townhomes, and
condominiums; (2) resort accommodations including inns and cottages; and (3) recreation
facilities including golf courses, marinas, horse stables and tracks, trails, tennis courts,
swimming and activity centers, hunting facilities and ecotourism activities.
“Recreational vehicle park” means a site with three (3) or more recreational vehicles in use for
residential or camping purposes.
“Residential care facilities” means an institutional facility in which supervision, care,
therapeutic, or medical services are provided for three (3) or more persons in a residential
capacity.
“Riparian buffer” means land adjacent to a stream where vegetation is strongly influenced by the
presence of water. Designated riparian buffers are to remain undisturbed to protect native
vegetation and water quality.
“Runway” means a defined area on an airport prepared for landing and takeoff of aircraft along
its length.
“Scrap (junk) and waste” means any materials consisting of waste, discarded or salvage matter
which is bought, sold, exchanged, stored, baled, packed or disassembled for profit, trade or hire,
and shall include any vehicle damaged so as not to comply with state or federal safety
regulations, incapable of self-propulsion or partially dismantled if retained on the premises
whether for repair or not. The term junk shall also mean, but not limited to old or scrap copper,
brass, aluminum, rope, rags, paper, trash, tire carcasses, rubber debris, non-working major
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appliances, other old ferrous or non-ferrous material, abandoned barrels or drums, dismantled or
inoperable industrial or commercial equipment or machinery being salvaged for parts, and the
following old, scrap, or used items: metal, batteries, cardboard, plastic, rubber, pallets, motors,
industrial or commercial fixtures, rubbish, debris; wrecked, dismantled or disabled motor
vehicles or parts thereof.
“Seasonal sales” means the sale of items related to the season of the year including but not
limited to fireworks, pumpkins, Christmas trees, flowers, and produce.
“Seasonal worker housing” means housing located on the site of an agricultural use for migrant
workers present during peak planting or harvesting season for a crop.
“Sexually oriented business,” for purposes of this title, means and includes the following:
“Adult arcade” means any place to which the public is permitted or invited wherein coinoperated or slug-operated or electronically, electrically, or mechanically controlled still or
motion picture machines, projectors, or other image-producing devices are maintained to
show images to five or fewer persons per machine at any one time, and where the images so
displayed are distinguished or characterized by the depicting or describing of “specified
sexual activities” or “specified anatomical areas.”
“Adult bookstore or adult video store” means a commercial establishment, which, as one of
its principal business purposes, offers for sale or rental for any form of consideration any one
or more of the following:
Books, magazines, periodicals or other printed matter, or photographs, films, motion
pictures, video cassettes or video reproductions, slides or other visual representations which
depict or describe “specified sexual activities” or “specified anatomical areas”; or
Instruments, devices, or paraphernalia, which are designed for use in connection with
“specified sexual activities”. A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material depicting or describing
“specified sexual activities” or “specified anatomical areas” and still be categorized as an
adult bookstore or adult video store. Such other business purposes will not serve to exempt
such commercial establishment from being categorized as an adult bookstore or adult video
store so long as: one of its principal business purposes is the offering for sale or rental for
consideration the specified materials which depict or describe “specified sexual activities” or
“specified anatomical areas.”
“Adult cabaret” means a nightclub, bar, restaurant or similar commercial establishment,
which regularly features:
1. Persons who appear in a state of nudity; or
2. Live performances which are characterized by the exposure of “specified anatomical
areas” or by “specified sexual activities”; or
3. Films, motion pictures, videocassettes, slides, or other photographic reproductions, which
are characterized by the description of “specified sexual activities” or “specified
anatomical areas.”
“Adult motel” means a hotel, motel or similar commercial establishment which:
1. Offers accommodations to the public for any form of consideration; provides patrons
with closed-circuit television transmissions, films, motion pictures, video cassettes,
slides, or other photographic reproductions which are characterized by the depiction or
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description of “specified sexual activities” or “specified anatomical areas”; and has a sign
visible from the public right-of-way which advertises the availability of this adult type of
photographic reproductions; or
2. Offers a sleeping room for rent for a period of time that is less than ten hours; or
3. Allows a tenant or occupant of a sleeping room to sublet the room for a period of time
that is less than ten hours.
“Adult motion picture theater” means a commercial establishment where, for any form of
consideration, films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction or description of
“specified sexual activities” or “specified anatomical areas.”
“Adult theater” means a theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state of nudity or live
performances which are characterized by the exposure of “specified anatomical areas” or by
“specified sexual activities.”
“Sexual encounter center” means a business or commercial enterprise that, as one of its
primary business purposes, offers for any form of consideration:
1. Physical contact in the form of wrestling or tumbling between persons of the opposite
sex; or
2. Activities between male and female persons and/or persons of the same sex when one or
more of the persons is in a state of nudity or seminude.
“Sign” means any object, device, display or structure, or part thereof, situated outdoors or
indoors, which is used to advertise, identify, display, direct or attract attention to an object,
person, institution, organization, business, product, service, event or location by any means,
including words, letters, figures, design, symbols, fixtures, colors, illumination or projected
images.
“Sign, abandoned” means a sign structure not containing a sign for one hundred twenty (120)
continuous days or a sign not in use for one hundred twenty (120) continuous days, or a sign
advertising a business no longer occupying the site on which the sign exists or to which it refers.
“Sign, animated” means any sign that uses movement or change of lighting to depict action or
creates a special effect or scene.
“Sign, awning, canopy or marquee” means a sign that is mounted or painted on or attached to an
awning, canopy or marquee.
“Sign, bench” means a sign located on any part of the surface of a bench or seat placed on or
adjacent to a public right-of-way.
“Sign, building” means any sign attached to any part of a building.
“Sign, changeable copy” means a sign or portion thereof with characters, letters or illustrations
that can be changed or rearranged, manually or electronically, without altering the face or the
surface of the sign. A sign on which the message changes more than eight (8) times per day (24
hour period) shall be considered an animated sign and not a changeable copy sign for purposes
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of this title. A sign on which the only copy that changes is an electronic or mechanical indication
of time or temperature shall be considered a “time and temperature” portion of a sign and not a
changeable copy sign for purposes of this title.
“Sign face” means the area or display surface used for the message.
“Sign, free standing” means any non-movable sign not affixed to a building.
“Sign, identification” means a sign giving the nature, logo, trademark, or other identifying
symbol; address; or any combination of the name, symbol, and address of a building, business,
development, or establishment on the premises where it is located.
“Sign, incidental” means a sign, generally informational, that has a purpose secondary to the use
of the zone lot on which it is located, such as “no parking,” “entrance,” “loading only,”
“telephone,” and other similar directives. No sign with a commercial message legible from a
position off the zone lot on which the sign is located shall be considered incidental.
“Sign, off-premise” means a sign which directs attention to a business, commodity, service, or
entertainment conducted, sold, or offered at a location other than the premises on which the sign
is located.
“Sign, permanent” means a sign attached to a building, structure or the ground in some manner
and made of materials intended for more than short term use.
“Sign, political” means a temporary sign announcing or supporting political candidates or issues
in connection with any national, state or local election.
“Sign, portable” means a sign designed to be transported, but not limited by means of wheels.
“Sign, poster” means a small sign off-premises advertising a business or commodity intended to
be read by pedestrians that typically cannot be read from off-site.
“Sign, projecting” means a sign that is wholly or partly dependent upon a building for support
and which projects more than twelve (12) inches from such building.
“Sign, roof” means a sign that is mounted on the roof of a building or which is wholly dependent
upon a building for support and which projects above the point of a building with a flat roof, the
ridge line of a building with a gambrel, gable, or hip roof or the deck line of a building with a
mansard roof. Signs mounted on the sloping section of a roof or the gable end of a roof shall be
classified as a wall sign.
“Sign, temporary and unspecified” means a sign that is used only for a short period of time and is
not permanently mounted.
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“Sign, wall” means any sign attached to and within six inches of a wall, painted on the wall
surface, or erected and confined within the limits of an outside wall of any building or structure,
which is supported by such wall or building, and which displays only one sign surface.
“Sign, window” means a sign that is applied or attached to the exterior or interior of a window or
located in such manner within a building that it can be seen from the exterior of the structure
through a window.
“Specified anatomical areas” means and includes any of the following:
1) Less than completely and opaquely covered human genitals, public region, buttocks,
anus or female breasts below a point immediately above the top of the areolae;
2) Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
“Specified criminal act” includes criminal sexual conduct, in any degree; criminal sexual
conduct with a minor, in any degree; assault with intent to commit criminal sexual conduct;
spousal sexual battery; engaging a child for sexual performance; producing, directing or
promoting a child for sexual performance; lewd act on a minor; incest; prostitution; assignation
or pandering; buggery; indecent exposure; obscenity offenses; and the out of state or federal
counterparts to the preceding sexual offenses whether or not referred to by a different name.
“Specified sexual activities” means and includes the following:
1) The fondling or other intentional touching of human genitals, public region, buttocks,
anus, or female breasts.
2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation, or sodomy.
3) Masterbation, actual or simulated.
4) Human gentials in a state of sexual stimulation, arousal or tumescence.
5) Excretory functions as part of or in connection with any of the activities set forth in
subsections (1) through (4) of this definition.
“South Carolina Manufactured Housing Board” is authorized by state statute to regulate the
construction, repair, modification, installation, tie-down, hook-up, and sale of manufactured
homes in South Carolina, which board has adopted for regulation of manufactured homes the
Federal Manufactured Housing Construction and Safety Standards, promulgated by HUD, and
contained in the board’s Manufactured Housing Regulations, May 26, 1990.
“Special Exception” means permission granted by the Board of Zoning Appeals to conduct a use
with unique circumstances on a specific site.
“Street” means any thoroughfare (drive, avenue, boulevard) or space more than eighteen (18)
feet in right-of-way width which has been dedicated, deeded or designated for vehicular traffic,
public or private.
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“Street, major” includes all state primary and federal aid highways and streets that serve to
circulate traffic, having signals at important intersections, and stop signs on side streets and/or
having controlled access and channelized intersections.
“Street, minor” means a street designed principally to collect traffic from subdivisions and
provide access to abutting property.
“Street, private” means a street not dedicated for public use or maintenance.
“Structure” (As defined by the International Building Code.)
“Structure, accessory” means a subordinate structure on the same lot as the principal or main
building or use occupied or devoted to a use incidental to the principal use. Included in this
definition are private garages, storage sheds, workshops, animal shelters, pool houses, etc., when
detached from the principal buildings, and carports attached to the principal building when at
least seventy-five percent (75%) open or unenclosed.
“Structure, principal” means a building in which is conducted, or in which is intended to be
conducted, the main or principal use of the lot on which it is located.
“Structural alteration” means any change in the supporting members of a building, such as the
bearing walls, beams, or girders, or any change in the dimension or configuration of the roof or
exterior walls.
“Subdivision” means the division of a tract, parcel, or lot into two or more lots or building sites,
or other divisions of land for the purpose, whether immediate or future, of sale, legacy, or
building development, and includes all division of land involving a new street or a change in
existing streets and includes the re-subdivision of land.
Subdivision, Exempt. “Exempt subdivision” means an exempt subdivision is one which meets
the following conditions:
Involves the division of land into parcels of five acres or more where no new street is
involved; or
Includes the combination or recombination of portions of previously platted lots where the
total number of lots is not increased and the resultant lots are equal to the standards of this
title and other applicable regulations; or
Cemetery Lots not exceeding 15 internments.
“Conservation Subdivision” means the grouping of lots in order to conserve land, open space,
and natural resources and provide for innovation in the design of a residential project. Overall
density does not change in a conservation subdivision.
“Subdivision, minor” is one which does not involve the creation of more than fifteen (15) lots on
an existing public or private street.
“Subdivision, major” is any subdivision other than an exempt or minor subdivision.
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“Substantial improvement” means any repair, reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the
market value of the structure before the start of construction of the improvement. This term
includes structures, which have incurred substantial damage, regardless of the actual repair work
performed. The term does not, however, include either: (1) any project of improvement to a
structure to correct existing violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code enforcement official and which are
the minimum necessary to assure safe living conditions (does not include Americans with
Disabilities Act compliance standards): or (2) any alteration of a historic structure, provided that
the alteration will not preclude the structure’s continued designation as a historic structure.
Permits shall be cumulative for a period of five years.
“Temporary use” means a use not permanently located on a site that may include a special event,
sale, or structure.
“Travel trailer or recreational vehicle” means a structure that (1) is intended to be transported
over the streets and highways (either as a motor vehicle or attached to or hauled by a motor
vehicle), and (2) is designed for temporary use as sleeping quarters, but that does not satisfy one
or more of the definitional criteria of a mobile or manufactured home or modular unit.
“Tree, canopy” means a tree of a species which, at maturity, can be expected to reach a height of
more than 35 feet under normal growing conditions in the local climate. If the tree has a single
trunk, then it shall have a caliper of at least two and a half (2-1/2) inches at the time of planting
measured six (6) inches up from the highest root of the tree.
“Tree, significant” means any tree measuring 30 inches DBH (Diameter Breast High).
“Tree, understory” means a small deciduous tree that forms the layer of vegetation under the
canopy trees in a forest. Examples of such trees include dogwoods, sourwoods, fruit trees and
others. An understory tree may also be referred to as an ornamental tree.
“Use, accessory” means a permitted use that comprises less than 40 percent of the area or
business of a property.
“Use” means the purpose or activity, for which land or any building thereon is designed,
arranged or intended, or for which it is occupied or maintained.
“Use, principal” means the primary purpose for which land is used.
“Utility runway” means a runway that is constructed for and intended to be used by propeller
driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and
less.
“Variance” means a modification of the area regulations of this title, granted by the board of
zoning appeals, where such modification will not be contrary to the public interest, and where,
owing to conditions peculiar to the property, a literal enforcement of the title would result in
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unnecessary and undue hardship, and where such modification will not authorize a principal or
accessory use of the property which is not permitted within the zoning district in which the
property is located.
“Vegetation” means any object of natural growth.
“Visual runway” means a runway intended solely for the operation of aircraft using visual
approach procedures.
“Waste management services” means a business that conducts the collection of garbage or
recyclables from roll-out garbage containers or dumpsters. This does not include landfills or
recycling operations.
“Wetlands” means those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, and bogs. For official determination
whether or not an area is classified as a wetland contact the Army Corps of Engineers.
“Yard” means an open space that lies between the principal or accessory building or buildings
and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward
except as may be specifically provided by this title.
“Yard, front” means a yard extending the full width of the front of a lot between the front (street)
right-of-way line or property line and the front building line.
“Yard, rear” means a yard extending the full width of the lot in the area between the rear lot line
and the rear building line.
“Yard, required” means that part of a yard between a lot line and the minimum required building
setback line, within which no structure shall be located except as provided by this title.
“Yard, side” means a yard extending the full length of the lot in the area between the side lot line
and a side building line.
“Zoning district” means a specifically delineated area or district within which regulations and
requirements govern the use, placement, spacing and size of land and buildings.
“Zoning permit” means written permission issued by the Administrator or his designee for the
construction or enlargement of a structure, the installation of a sign, or the conducting of a use.
11-20

Colleton County Zoning Ordinance

Transcription

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