Port Royal Form Based Code draft (Oct. 2013)

Prepared For

Town of Port Royal,

South Carolina

Prepared By:

Brian D. Herrmann

LEED AP; CNU-A

Sustainable Planning,

Coding, and Design

The Port

Royal Code

Acknowledgements

The Port Royal Code

The Port Royal Code A Town-Wide Form-Based Zoning Ordinance

Prepared For The Town of Port Royal

Prepared By Opticos Design, Inc Berkeley, California

Brian D. Herrmann, Leed AP, CNU-A Beaufort, South Carolina

Linda Bridges, Planning Administrator Town of Port Royal

Port Royal Town Council Port Royal Town Staff

Samuel E Murray, Mayor Van Willis, Town Manager Vernon DeLoach, Mayor Tempore Linda Bridges, Planning Administrator Mary Beth Gray-Heyward Tom Klein Cooter Ramsey, Town Architect Joe Lee Tony Maglione, Town Engineer

Metropolitan Planning Commission Code Advisory Review Team Joe DeVito, Chairman - Town of Port Royal Judy Alling – Historic Preservation Commission Jim Crower – Town of Port Royal Reed Armstrong – S.C. Coastal Conservation League Jennifer Bihl – Beaufort County Jim Crower – Metropolitan Planning Commission Bill Harris – City of Beaufort John Ellerbe – Design Review Board Alice Howard – City of Beaufort Lee Helena – Design Review Board Bob Semmler – Beaufort County Mary Klein – Historic Preservation Commission

ADOPTED Xxxx, X, 2014

Port Royal Code TOC-i

Table of Contents

Table of Contents Page #

Introduction I-1

Quick Code Guide: Building-Scaled Projects I-2

Quick Code Guide: Community-Scaled Projects I-3

I.10 Background I-5

I.20 Form-Based Codes I-5

I.30 The Rural-to-Urban Transect I-5

I.40 Pedestrian Sheds I-7

I.50 Conclusion I-7

I.60 How to Use the Development Code I-8

Article 1: General Provisions I-i

Division 1.1: Short Title, Authority, and References to State Statues 1-1

1.1.10 Short Title 1-1

1.1.20 Authority 1-1

1.1.30 Reference to South Carolina Statutes 1-1

Division 1.2: Purpose and Intent 1-3

1.2.10 General 1-3

Division 1.3: Applicability and Jurisdiction 1-5

1.3.10 Jurisdiction 1-5

1.3.20 Minimum Requirements 1-5

1.3.30 Rules of Interpretation 1-5

1.3.40 Use of Land or Structures 1-6

1.3.50 Conflicting Provisions 1-7

Division 1.4: Relationship to the Comp Plan, Laws, and Restrictive Covenants 1-9

1.4.10 Comprehensive Plan 1-9

1.4.20 In Accordance with the Town of Port Royal Comprehensive Plan 1-9

Division 1.5: Official Zoning Map 1-13

1.5.10 Establishment and Maintenance 1-13

1.5.20 Changes 1-13

1.5.30 Interpretation 1-13

Division 1.6: Transitional Provisions 1-15

1.6.10 Effective Date 1-15

1.6.20 Complete Applications 1-15

1.6.30 Development Subject to a PUD and Development Agreement 1-15

1.6.40 Other Approved Development Permits and Approvals 1-16

Division 1.7: Severability 1-17

1.7.10 Severability 1-17

Table of Contents

TOC-ii The Port Royal Code

Article 2: General to Community Design 2-i

Division 2.1: Overview 2-1

2.1.10 Purpose and Intent 2-1

2.1.20 Applicability 2-1

Division 2.2: General to All Development 2-3

2.2.10 Purpose 2-3


2.2.30 Thoroughfare Network 2-3

2.2.40 Thoroughfare Design 2-4

2.2.50 Thoroughfare Connectivity 2-4

2.2.60 Pedestrian Walkways 2-5

2.2.70 Blocks 2-6

2.2.80 Lots 2-7

2.2.90 Access Management 2-9

2.2.100 Multi-building Development 2-10

2.2.110 Civic Space Set-Asides 2-11

Division 2.3: Thoroughfare Standards 2-13

2.3.10 Purpose 2-13


2.3.30 Pre-approved and Permitted Thoroughfares 2-13


2.3.50 Movement Types and Design Speed 2-15

2.3.60 Intersections 2-16

2.3.70 Public Frontages 2-16

2.3.80 Thoroughfare Assemblies 2-18

2.3.90 Thoroughfare Formulas and Components 2-26

Division 2.4: Civic Space Types 2-41

2.4.10 Purpose 2-41


2.4.30 Civic Space Types 2-41

2.4.40 Design of Civic Spaces 2-47

2.4.50 Set Aside Requirement 2-47

2.4.60 Ownership of Set-Asides 2-48

2.4.70 Maintenance of Set-Asides 2-49

Division 2.5: Specific to Subdivision 2-51



2.5.30 General Review Standards 2-52

2.5.40 Service Standards 2-52

2.5.50 Survey and Engineering 2-53

2.5.60 Improvement Guarantees 2-53

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The Port Royal Code TOC-iii

2.5.70 Thoroughfare Drawing and Construction Specifications 2-54

2.6.80 Traffic Impact Analysis 2-54

Article 3: Specific to Zones 3-i

Division 3.1: Establishment and Designation of Zones 3-1

3.1.10 Purpose 3-1

3.1.20 Establishment of Zones 3-1

3.1.30 Transect Zones 3-1

3.1.40 Overlay Zones 3-1

3.1.50 How Building Height is Measured 3-1

Division 3.2: Transect Zones 3-3

3.2.10 Purpose 3-3


3.2.30 T1 Natural Preserve (T1) Standards 3-5

3.2.40 T3 Edge (T3E) Standards 3-7

3.2.50 T3 Sub-Urban Neighborhood (T3SN) Standards 3-11

3.2.60 T3 Neighborhood (T3N) Standards 3-15

3.2.70 T4 Neighborhood Center (T4NC) Standards 3-19

3.2.80 T4 Urban Center (T4UC) Standards 3-23

3.2.90 T5 Main Street (T5MS) Standards 3-27

Division 3.3: Overlay Zones 3-31

3.3.10 Purpose 3-31


3.3.30 Military Overlay (MO) Zone Standards 3-33

3.3.40 MCAS Airport Overlay (MCAS-AO) Zone Standards 3-35

3.3.50 Historic Preservation Overlay (HPO) Zone Standards 3-39

3.3.60 Mobile Homes on Individual Lots Overlay (MHO) Zone Standards 3-49

Article 4: Specific to Use 4-i

Division 4.1: Principal Uses Allowed in Each Zone 4-1

4.1.10 Purpose 4-1


4.1.30 Principal Use Table 4-3

4.1.40 Principal Use Definitions 4-7

Division 4.2: Conditional Use Regulations 4-15

4.2.10 Residential Uses 4-15

4.2.20 Offices and Services 4-18

4.2.30 Retail and Restaurant – Additional Use Standards 4-23

4.2.40 Recreation, Education, Safety, Public Assembly 4-26

4.2.50 Transportation, Communications, Infrastructure 4-26

4.2.60 Infrastructure 4-28

4.2.70 Diagrams Specific to Use 4-30

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TOC-iv The Port Royal Code

Division 4.3: Accessory Uses and Structures 4-33

4.3.10 Purpose 4-33

4.3.20 General Standards and Limitations 4-33

4.3.30 Conditions Applicable to All Accessory Uses and Structures 4-34

4.3.40 Uses Customarily Accessory to Residential Dwellings 4-34

4.3.50 Uses Customarily Accessory to Retail and Service Functions, Offices Recreational 4-36

Entertainment Facilities, and Industry

4.3.60 Uses Customarily Accessory to Residential Dwellings and Non-Residential Facilities 4-38

4.3.70 Uses Customarily Accessory to Public Buildings and Public Functions 4-41

Division 4.4: Temporary Uses and Structures 4-43

4.4.10 Purpose 4-43

4.4.20 Table of Allowed Temporary Uses and Structures 4-43

4.4.30 Prohibited Temporary Uses 4-44

4.4.40 Temporary Use Permit 4-44

4.4.50 General Standards for all Temporary Uses, Structures, or Special Events 4-44

4.4.60 Temporary Offices and Classrooms 4-45

4.4.70 Real Estate Sales Office and Model Sales Home 4-46

4.4.80 Temporary Storage in a Portable Shipping Container 4-47

4.4.90 Seasonal Sales 4-47

4.4.100 Sidewalk and Parking Lot Sales 4-47

4.4.110 Roadside Stands and Farmers’ Markets 4-48

Article 5: Supplemental to Zones 5-i

Division 5.1: Traditional Building Types 5.1

5.1.10 Purpose 5-1


5.1.30 Building Types Overview 5-1

5.1.40 Carriage House 5-4

5.1.50 Detached House – Large 5-6

5.1.60 Detached House – Medium 5-8

5.1.70 Detached House – Compact 5-10

5.1.80 Cottage Court 5-12

5.1.90 Duplex 5-14

5.1.100 Townhouse 5-16

5.1.110 Mansion Apartment 5-18

5.1.120 Apartment House 5-20

5.1.130 Flex Building 5-22

5.1.140 Main Street Mixed-Use 5-24

Division 5.2: Exceptional Building Types 5-27

5.2.10 Purpose 5-27


5.2.30 Landmark Buildings 5-28

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The Port Royal Code TOC-v

5.2.40 Gas Station 5-32

5.2.50 Large Footprint Building 5-35

Division 5.3: Private Frontage Standards 5-39

5.3.10 Purpose 5-39


5.3.30 Private Frontages Overview 5-39

5.3.40 Common Yard 5-42

5.3.50 Porch: Projecting 5-43

5.3.60 Porch: Engaged 5-44

5.3.70 Stoop 5-45

5.3.80 Forecourt 5-46

5.3.90 Dooryard 5-47

5.3.100 Shop Front 5-48

5.3.110 Terrace 5-49

5.3.120 Gallery 5-51

5.3.130 Arcade 5-52

Division 5.4: Architectural Standards and Guidelines 5-53

5.4.10 Purpose 5-53


5.4.30 General Architectural Standards 5-53

5.4.40 Architectural Expression and Formality 5-54

Division 5.5: Fences and Walls 5-87

5.5.10 Purpose 5-87


5.5.30 Requirements for Fences and Walls 5-87

5.5.40 Fence and Wall Design 5-88

Division 5.6: Off-Street Parking 5-91

5.6.10 Purpose 5-91


5.6.30 Number of Motor Vehicle Parking Spaces Required 5-91

5.6.40 Parking Spaces, Lot Design, and Layout 5-94

5.6.50 Bicycle Parking 5-96

5.6.60 Loading and Service Areas 5-97

Division 5.7: Landscaping and Screening 5-1



5.7.30 General Landscape Design 5-100

5.7.40 Private Frontage Planting Requirement 5-103

5.7.50 Parking Area Landscaping 5-104

5.7.60 Screening 5-106

5.7.70 Landscape Construction and Maintenance Standards 5-107

Table of Contents

TOC-vi The Port Royal Code

Division 5.8: Exterior Lighting 5-109



5.8.30 Design Standards for Exterior Lighting 5-109

Division 5.9: Sign Standards 5-113

5.9.10 Purpose and Applicability 5-113

5.9.20 Signs Exempt From a Sign Permit 5-113

5.9.30 Prohibited Signs 5-114

5.9.40 General Sign Requirements 5-116

5.9.50 Selecting Sign Types for Buildings, Businesses and Communities 5-119

5.9.60 Awning / Canopy-Sign Type 5-122

5.9.70 Landscape Wall Sign Type 5-123

5.9.80 Marquee Sign Type 5-124

5.9.90 Freestanding Sign Type 5-125

5.9.100 Projecting Sign Type 5-126

5.9.110 Sidewalk Sign Type 5-127

5.9.120 Suspended Sign Type 5-128

5.9.130 Wall Sign Type 5-129

5.9.140 Wall Mural Sign Type 5-130

5.9.150 Window Sign Type 5-131

5.9.160 Yard Sign Type 5-132

5.9.170 Temporary Signs 5-133

5.9.180 Sign Maintenance and Enforcement 5-134

Division 5.10: Resource Protection Standards 5-135



5.10.30 Tidal Wetlands 5-135

5.10.40 River Buffer and Setback 5-138

5.10.50 Flood Hazard Area 5-139

Division 5.11: Stormwater Standards 5-141

5.11.10 Purpose 5-141


5.11.30 Stormwater Standards 5-143

5.11.40 Planning for Stormwater 5-143

Article 6: Nonconformities 6-i

Division 6.1: Nonconforming Uses 6-1

6.1.10 Intent 6-1

6.1.20 Continuing Existing Uses 6-2

6.1.30 Change of Use 6-1

Table of Contents

The Port Royal Code TOC-vii

6.1.40 Abandonment of Use 6-1

6.1.50 Extensions 6-2

6.1.60 Illegal Use 6-2

Division 6.2: Nonconforming Structures 6-3

6.2.10 Intent 6-3

6.2.20 Repairs, Alterations, and Maintenance 6-3

6.2.30 Restoration of Damaged Structures 6-3

6.2.40 Reconstruction 6-3


Division 6.3: Nonconforming Lots of Record 6-5

6.3.10 Nonconforming Lots of Record 6-5

Division 6.4: Nonconforming Signs 6-7

6.4.10 Nonconforming Signs 6-7

Article 7: Enforcement 7-i

Division 7.1: Compliance Required 7-1

7.1.10 Compliance Required 7-1

7.1.20 Violations Generally 7-1

7.1.30 Specific Violations 7-1

Division 7.2: Procedures 7-3

7.2.10 Responsibility for Enforcement 7-3

7.2.20 Complaints Regarding Violations 7-3

7.2.30 Inspections to Ensure Compliance 7-3

7.2.40 Notice of Violation 7-3

7.2.50 Failure to Correct Violation 7-4

7.2.60 Costs 7-4

7.2.70 Repeat Violations 7-5

Division 7.3: Remedies and Penalties 7-7

7.3.10 General 7-7

7.3.20 Other Remedies and Penalties 7-7

7.3.30 Private Civil Relief 7-8

7.3.40 Remedies Cumulative 7-8

Article 8: Procedures 8-i

Division 8.1: Approval Procedures 8-1

8.1.10 Conformity with Development Code 8-1

8.1.20 Pre-application Conference 8-1

8.1.30 Application Forms and Fees 8-2

8.1.40 Application Deadline 8-2

8.1.50 Complete Application Required 8-2

8.1.60 Concurrent Processing 8-2

8.1.70 Summary of Notice Required 8-3

Table of Contents

TOC-viii The Port Royal Code

8.1.80 Public Notice Requirements 8-3

8.1.90 Public Hearing Procedures 8-4

8.1.100 Procedures and Findings Following a Public Hearing 8-4

8.1.110 Written Notice of Final Decision 8-4

8.1.120 Time Limits for Re-submission of Applications 8-4

8.1.130 Expiration of Permits and Approvals 8-5

8.1.140 Written Interpretation 8-6

Division 8.2: Permits and Certificates 8-9

8.2.10 Building Permit 8-9

8.2.20 Certificate of Occupancy 8-9

8.2.30 Certificate of Compliance 8-10

8.2.40 Sign Permit 8-10

8.2.50 Special Exception Permit 8-11

8.2.60 Development Design Review 8-12

8.2.70 Certificate of Appropriateness 8-14

Division 8.3: Site Development Plan Review 8-15


8.3.20 Exempt from Site Development Plan review 8-15

8.3.30 Review and Action by the Administrator 8-15

8.3.40 Site Development Plan Review Standards 8-16

8.3.50 Expiration of Site Development Plan Approval 8-16

8.3.60 Appeals 8-16

Division 8.4: Subdivision Review 8-17

8.4.10 Purpose 8-17


8.4.30 Unlawful to Record Plat without Town Approval 8-17

8.4.40 Delegation of Authority 8-17

8.4.50 Definition of Minor and Major Subdivision 8-17

8.4.60 Subdivision Review Standards 8-18

8.4.70 Minor Subdivision Plat Requirements 8-18

8.4.80 Major Subdivision Plat Requirements 8-18

8.4.90 Appeal 8-20

8.4.100 Expiration of Approval 8-20

Division 8.5: Administrative Appeals 8-21


8.5.20 Effect of Appeal 8-21

8.5.30 Application 8-21

8.5.40 Hearing 8-21

8.5.50 Action by Zoning Board of Appeals 8-22

8.5.60 Findings of Fact 8-22

8.5.70 Contempt: Penalty 8-22

8.5.80 Appeal to Circuit Court 8-22

Table of Contents

The Port Royal Code TOC-ix

8.5.90 Appeal to Supreme Court 8.23

Division 8.6: Relief 8-25

8.6.10 Administrative Adjustments 8-25

8.6.20 Variance Permit 8-28

Division 8.7: Amendments 8-31

8.7.10 Text Amendment 8-31

8.7.20 Zoning Map Amendment 8-32

Division 8.8: Summary of Development Review Procedures 8-36

8.8.10 Summary Table of Review Authority 8-36

Article 9: Development Review Bodies 9-i

Division 9.1: Administrative Bodies and Staff 9-1

9.1.10 Town Council 9-1

9.1.20 Planning Commission 9-1

9.1.30 Zoning Board of Appeals (ZBOA) 9-4

9.1.40 Building Official 9-6

9.1.50 Administration 9-6

9.1.60 Technical Review Committee 9-7

9.1.70 Historic Preservation Commission 9-7

9.1.80 Design Review Board (DRB) 9-7

Article 10: Definitions 10-i

Division 10.1: Definitions 10-1

10.1.10 Specialized Terms and Phrases 10-1

Table of Contents

TOC-x The Port Royal Code

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Castle R

ock Rd.

Broad River Blvd.

Rober

t Sm

alls

Park

way (S

C 170

)

Grober Hill Rd.

Savannah Highway

Shell Point Rd.

Baynard Rd.

Broad River D

r.

Parris Island Gateway

P I C K E T F E N C E S

W R I G H T S P O I N T

S H E L L P O I N T

W I L L O W P O I N T

R E T R E A T P L A N T A T I O N

S H A D O W M O S S

A Z A L E A S Q U A R E

M O B L E Y T R A C T

R O S E I S L A N D

Okatie

Highway (

SC 170)

L E M O N I S L A N D

P A R R I S I S L A N D

T1 Natural Preserve

T3 Edge

T3 Sub-Urban Neighborhood

T3 Neighborhood

T4 Neighborhood Center

T4 Neighborhood Center Open

T4 Urban Center

T5 Main Street

PUD Planned Unit Development

Military Overlay

D R A F T Zoning Map

Town of Port Royal 10-31-2013

The Port Royal Code I-1

Introduction

Contents Page #

Introduction I-1

Quick Code Guide: Building-Scaled Projects I-2

Quick Code Guide: Community-Scaled Projects I-3

I.10 Background I-5

I.20 Form-Based Codes I-5

I.30 The Rural-to-Urban Transect I-5

I.40 Pedestrian Sheds I-7

I.50 Conclusion I-7

I.60 How to Use the Code I-8

Quick Code Guide Introduction

I-2 The Port Royal Code

Quick Code Guide: Building-Scaled Projects (No Sub-Division)

Find the Transect Zone for your parcel on the Zoning Map.

Comply with the standards specific to your Transect Zone.

Review the Principal Use Table to ensure that your desired use is

permitted.

Select a desired Building Type from those permitted in your zone.

Select a desired Frontage Type from those permitted in your zone.

If applicable to your zone, comply with the standards and guidelines

for Architecture.

Comply with the supplemental standards for Fences, Parking, Landscaping, Lighting, Signs,

Resource protection, and Stormwater that apply to all zones.

Step 1

Step 2

Step 3

Step 4

Step 5

Step 6

Step 7

Official Zoning Map

Div. 3.2 Specific to Zones

Sec. 4.1.30 Principal Use Table

Div. 5.1 Traditional Bldg. Types or Div.

5.2 Exceptional Bldg. Types

Div. 5.3 Private Frontages

Div. 5.4 Architectural

Standards and Guidelines

Div. 5.5, Div. 5.6, Div. 5.7, Div. 5.8,

Div. 5.9, Div. 5.10, and Div. 5.11

Introduction Quick Code Guide


Quick Code Guide: Community-Scaled Projects

Step 1

If you are seeking to establish a single-family, multi-family, or

mixed-use commercial development on multiple lots or

out-parcels then…comply with the following steps for Community-

Scaled Projects.

Step 2

If public or private streets and / or pathways will result, comply with the standards for Thoroughfares.

Step 3 Div. 2.3 Thoroughfare

Standards

Step 4

Comply with the standards for Civic Space.

Div. 2.4 Civic Space Types

If you intend to subdivide your property, follow the standards

Specific to Subdivision.

Div. 2.5 Specific to Subdivision

Step 5

Art. 2 General to Community Design

Step 6 Comply with the preceding steps for Building-Scaled Projects.

Introduction pg. I-2 Quick Code Guide:

Building-Scale Projects

Comply with the standards General to all Development.

Div. 2.2 General to All Development

Quick Code Guide Introduction


This page intentionally left blank.

Introduction I.30


I.10 Background

The Port Royal Code provides a regulatory framework for preserving and enhancing existing communities within the Town of Port Royal while promoting places of character that are both time honored and meaningful. Common to these places is the notion of “walkable urbanism” – that places of human habitat should be of a scale that is primarily pedestrian-oriented in nature, allowing residences, businesses, and civic spaces to locate within walking distance of one another. This approach simultaneously preserves the best aspects of urban living as well as critical open spaces and natural resources.

The Port Royal Code also implements the 2009 Comprehensive Plan, specifically the goal to establish a Town-wide Form-Based Code. “Urban Form Goal: Update Port Royal’s zoning regulations to a Form-Based Code in order to properly consider the importance of community design and character, building placement and proportions, and the impact of private development on the public realm.”

I. 20 Form-Based Codes

The Traditional Town Overlay utilized building types as its primary organizing principle. While implementing the same concepts, The Port Royal Code uses the rural to urban transect as its primary organizing principle, a far more extensive framework that delineates building types, but also addresses civic spaces, thoroughfares, and other key components that impact and shape our public realm.

I. 30 The Rural to Urban Transect

The Port Royal Code uses the rural to urban transect as its primary organizing principle. For purposes of this ordinance a transect is a cut or cross-section of the environment that expresses the range and variety of habitats located throughout the Town. These habitats are used to establish zoning districts (known as transect zones or T-zones) along a continuum of intensity that ranges from the most natural environment to the most urban environment.

Six primary transect zones are identified in a prototypical American rural-to-urban transect. Rarely does a region contain all six transect zones. This is the case with Port Royal, which lacks the vertically intense T6 zone that often anchors a large city (high-rise buildings), as well as the rural T2 zone. The latter (T2 Rural) is found just outside the Town’s boundaries in Beaufort County. See Diagram I.30.A (Port Royal Rural-to-Urban Transect).

The Port Royal Code is a Form-Based Code (FBC). A Form-Based Code emphasizes physical form (character and intensity) rather than the separation of uses to ensure predictable built results and a high-quality public realm.

The Port Royal Code builds upon the foundation established by the Traditional Town Master Plan (1995) and subsequent Overlay District Code (1997). While primarily limited to the traditional grid, the latter was one of the first municipal Form-Based Codes in the United States (see Diagram I.20.A: Master Plan for Infill Development). The Port Royal Code seeks to update this landmark document while expanding the Form-Based approach to zoning throughout the entire Town.

Diagram I.20.A: Master Plan for Infill Development.

I.30 Introduction


Transect zones vary by the ratio and level of intensity of their natural, built, and social components. This ensures that urban areas will look and feel urban, while sub-urban areas will look and feel sub-urban. Nearly every aspect of the environment can be organized using this rural to urban principle, including streets, civic spaces, buildings, uses, signs, fences, etc. Even within a transect zone there frequently exists a range in these components. This allows for significant diversity within a relatively similar environment. For example, the Port Royal Code contains three levels of T3 (Edge, Sub-urban Neighborhood, and Neighborhood). Each of these districts is similar in character (primarily residential), but slightly more intense and diverse than its predecessor.

The Rural-to-Urban Transect has its foundation in nature and is applicable to the lowcountry, as has been illustrated in James Wassell’s cross-section depicting the Canaveral National Seashore. See Diagram I.30.B (Transect or Cross-section of an Island).

Diagram I.30.A: Port Royal Rural-to-Urban Transect.

Diagram I.30.B: Transect or Cross-section of an Island.

T1 T3 T5

T4

Not

Applicable

T6 T2

Introduction I.50


I.40 Pedestrian Sheds

Transect-based zoning is most effective when applied at the community / neighborhood scale using predetermined pedestrian sheds. The pedestrian shed is the fundamental building block of “walkable urbanism,” and is used to represent the distance that most people are willing to walk to a “common destination” such as a downtown attraction, main street shop, or neighborhood park. Generally, this distance ranges from ¼ to ½ mile and requires a 5 to 10 minute walk. While often depicted as perfect circles, in reality pedestrian sheds have irregular shapes, as they cover the actual distance walked, not the linear distance.

Planners and designers use pedestrian sheds to determine the center, middle, and edge of various communities and apply appropriate transect zones to the zoning map. See Diagrams I.40 (A-C) below. By assigning multiple transect zones to each pedestrian shed, the resident s of a community are exposed to a diverse environment that is highly walkable. For example, a resident of a single-family home in T3 is able to enjoy a morning jog along the T1 marshfront. Having worked up an appetite, they can walk to their favorite main street restaurant for breakfast (T5). On the way home they can stop off at the neighborhood corner store (T4) to pick up some milk and bread. In some form or fashion, these or similar opportunities should be available and located within every resident’s pedestrian shed. Transect-based zoning allows for this.

I.50 Conclusion

The pedestrian shed, the rural to urban transect, and form-based standards are the central building blocks for ensuring that walkable places – places of unique character that are time honored and meaningful – will continue to exist and be built anew in Port Royal.

Diagram I.40.A: Standard Pedestrian Shed. Configured

to a Common Destination.

Diagram I.40.C: Sample Zoning Map with Transect Zones.

Configured to a Pedestrian Shed.

Diagram I.40.B: Elongated or

Linear Pedestrian Shed. Configured to a Main Street.

I.60 Introduction


I.60 How to Use the Code

Organization. The following text is advisory only and is intended to give a brief overview of the overall Code.

A. Introduction. Provides an overview of the various parts in this Code and illustrates how to use it.

B. Article 1 - General Provisions. Establishes the legal foundation for the document and includes the purpose, authority, jurisdiction, rules of interpretation, and severability.

C. Article 2 – General to Community Design. Provides general standards for laying out blocks, lots, civic space set-asides, and thoroughfares. These standards are suitable for use in new developments, as well as the retrofit or infill of existing locations, and are used in subdivision and community planning activities.

D. Article 3 - Specific to Zones. Contains regulations for transect zones and overlay zones. The application of the transect zones are intended to reinforce the public realm and ensure a walkable, transit-supportive urban environment.

E. Article 4 - Specific to Use. Provides definitions and development standards for the land uses addressed in Article 3 (Specific to Zones), as well as standards for accessory uses and structures, and temporary uses and structures.

F. Article 5 - Supplemental to Zones. Establishes the permitted building types and frontage types for each zone; as well as development standards for topics such as architecture, fences and walls, landscaping, outdoor lighting, signage, natural resources, and stormwater. These standards supplement the regulations in Article 3 (Specific to Zones).

G. Article 6 - Nonconformities. Includes information regarding nonconforming site features and correcting nonconformity situations.

H. Article 7 - Enforcement. Provides information regarding enforcement of standards and penalties.

I. Article 8 - Procedures. Provides the detailed process by which development will be permitted by the Town of Port Royal and the requirements related to specific types of submittals.

J. Article 9 – Development Review Bodies. The Article sets forth the roles and powers of various advisory and decision-making bodies and staff in the development review and approval process.

K. Article 10 - Definitions. Provides definitions for various terms and phrases found throughout the Code. Definitions for specific land uses are found in Article 4 (Specific to Use).

T1 Natural Preserve

T3 Edge


T3 Neighborhood



T4 Urban Center

T5 Main Street


Military Overlay



T H E S A N D S

P O R T O F P O R T

R O Y A L

N A V A L H O S P I T A L

C A S A B L A N C A

C Y P R E S S W E T L A N D S

P O R T R O Y A L

L A N D I N G

Paris A

venue

Ribaut Road

Old S

hell Road

16th Street

Waddell Road

Bat

tery

Cre

ek R

oad

Drayton D

r.

Southside Blvd.

Lady’s Island Dr.

Castle R

ock Rd.

Broad River Blvd.

Rober

t Sm

alls

Park

way (S

C 170

)

Grober Hill Rd.

Savannah Highway

Shell Point Rd.

Baynard Rd.

Broad River D

r.

Parris Island Gateway

P I C K E T F E N C E S

W R I G H T S P O I N T

S H E L L P O I N T

W I L L O W P O I N T

R E T R E A T P L A N T A T I O N

S H A D O W M O S S

A Z A L E A S Q U A R E

M O B L E Y T R A C T

R O S E I S L A N D

Okatie

Highway (

SC 170)

L E M O N I S L A N D

P A R R I S I S L A N D

T1 Natural Preserve

T3 Edge


T3 Neighborhood



T4 Urban Center

T5 Main Street


Military Overlay



The Port Royal Code 1-i

Article 1: General Provisions

Content Page #

Division 1.1: Short Title, Authority, and Reference to South Carolina Statutes 1-1

1.1.10 Title 1-1


1.1.30 References to South Carolina Statutes 1-1

Division 1.2: Purpose and Intent 1-3

1.2.10 General 1-3

Division 1.3: Applicability and Jurisdiction 1-5






Division 1.4: Relationship to the Comprehensive Plan, Laws, and Restrictive Covenants 1-9



Division 1.5: Official Zoning Map 1-13


1.5.20 Changes 1-13


Division 1.6: Transitional Provisions 1-15





Division 1.7: Severability 1-17


Content Article 1: General Provisions

1-ii The Port Royal Code


The Port Royal Code 1-1

Division 1.1: Short Title, Authority, and References to South

Carolina Statutes

Section: Page #

1.1.10 Title 1-1


1.1.30 References to South Carolina Statutes 1-1

1.1.10 Short Title

This Chapter shall be officially known as the “The Port Royal Code” of the Town of Port Royal, South Carolina” and may be referred to as the “Development Code,” or “Code.”

1.1.20 Authority

In pursuance of authority conferred by Section 6-29-710 of the Code of Laws of South Carolina, 1976, as amended, and pursuant to the authority granted under the terms of Title 6, Chapter 7, Code of Laws of South Carolina, 1976, the Town Council of the Town of Port Royal does ordain and enact into the law the following articles, divisions and sections as set forth in this Development Code.

1.1.30 References to South Carolina Statutes

Whenever any provision of this Development Code refers to or cites a section of the S.C. Code of Laws, and that section is later amended or superseded, this Development Code shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

1.1.30 Short Title, Authority, and References to South Carolina Statutes

1-2 The Port Royal Code



Division 1.2: Purpose and Intent

Section: Page #

1.2.10 General 1-3

1.2.10 General

The purpose and intent of this Development Code is to guide development in accordance with the existing and future needs of the Town and its comprehensive plan, and to promote the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare of the landowners and residents of the Town, and other members of the public. The purpose and intent of this Development Code is more specifically to:

A. In General and Throughout the Entire Town:

1. Implement the Comprehensive Plan and the Northern Beaufort County Regional Plan;

2. Provide for adequate light and air;

3. Lessen congestion in the streets;

4. Secure safety from fire, flood, and other dangers;

5. Conserve and protect the Town’s natural resources (e.g., wetlands, estuarine areas, beach and dune systems, surface waters, floodplains, aquifers, marine and wildlife habitat, vegetative cover, and soils);

6. Preserve and protect historic and cultural resources;

7. Promote green and sustainable development through carbon footprint reduction, water conservation and reuse, energy conservation, renewable energy use, recycling and waste reduction, vegetation, urban agriculture, and hazard-resilient development; and

8. Establish and maintain comprehensive, consistent, effective, efficient, and equitable standards and procedures for the review and approval of land development that recognizes and respects the rights of landowners and considers the interests of the Town’s citizens.

B. Within the Traditional Town Core and Outlying Areas:

1. Promote, preserve, and enhance community design that reflects the distinct character

of Port Royal and supports a range of vibrant human habitats;

2. Encourage and incubate local business activity through community design;

3. Promote development patterns that support safe, walkable, pedestrian-oriented mixed use urban and suburban places;

1.2.10 Purpose and Intent


4. Promote development patterns that support safe, effective, and multi-modal transportation options in urban and suburban places, including auto, pedestrian, and bicycle, minimizing vehicle traffic by providing a mix of land uses, walkability, and compact community form;

5. Promote the health benefits of pedestrian-oriented places, including safe routes for walking, bicycling and other exercise; and

6. Preserve and enhance working waterfronts.

C. Within Neighborhoods:

1. Preserve, protect, and enhance the character of established neighborhoods;

2. Support existing walkable neighborhoods through networks of well-designed streets that are safe and secure for pedestrians and bicycles. Encourage appropriately scaled infill redevelopment and development that places services within safe, comfortable walking distance of homes. Encourage the retrofit of those that are not walkable; and

3. Promote neighborhoods with quality housing that encourage a diversity of housing choices.

D. Within Blocks and Buildings:

1. Ensure that each building plays a role in creating a better whole, not just a good building;

2. Ensure buildings and environments that can adapt to changing economics and demographics;

3. Ensure that architecture and landscape grow from local climate, history, and building practice; and

4. Promote the placement of civic buildings in important locations and promote a form that reflects their civic stature.


Division 1.3: Applicability and Jurisdiction

Section: Page #






1.3.10 Jurisdiction

These regulations shall govern all parcels of land lying within the corporate limits of the Town of Port Royal.

1.3.20 Minimum Requirements

The regulations expressed in this Development Code shall be considered the minimum provisions for the protection of the health, safety, economy, good order, appearance, convenience and welfare of the general public.

1.3.30 Rules of Interpretation

A. Authority. The Planning Administrator is assigned the responsibility and authority to interpret the requirements of this Development code.

B. Provisions of this Development Code are activated by “shall” when required; “should” when recommended; and “may” when optional.

C. Figures (Tables, Diagrams, Photographs). The numbers and text contained in this code are legally binding. Figures are intended to implement and / or reinforce these as follows:

1. Tables. Tables shall be treated as an integral and legally binding component of this Code intended to implement and reinforce the numbers and text.

2. Diagrams. Diagrams are intended to reinforce numbers and text by illustrating potential, likely, and / or desired outcomes. Diagrams should be persuasive, but they shall not be binding.

3. Photographs. Photographs are intended to visually reinforce numbers and text by presenting “real world” examples that depict potential, likely, and/ or desired outcomes. Photographs should be persuasive, but they shall not be binding.

1.3.40 Applicability and Jurisdiction


1.3.40 Use of Land or Structures

A. No land or structure shall hereinafter be used or occupied, and no structure or parts shall hereafter be constructed, erected, altered, or moved, unless in conformity with all of the regulations herein specified for the zone in which it is located.

B. No Structure shall hereafter be erected or altered:

1. With greater height, size, bulk, or other dimensions;

2. To accommodate or house a greater number of families;

3. To occupy a greater percentage of lot area;

4. To have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required; or

5. Any other manner contrary to the provisions of this Development Code.

C. Applicability to Specific Development Activities.

1. The following development activities, whether publicly or privately conducted, shall be subject to the provisions and standards of this Development Code:

a. Use of Structure or Land. The establishment, re-establishment or change in use of a structure or land, whether temporary or permanent, which the Administrator determines would affect the area's natural environment, parking requirements, transportation patterns, public health or economic values.

b. Construction, Reconstruction or Alteration. A building operation involving construction, reconstruction or alteration of the size of a structure which the Administrator determines would affect the area's natural environment, parking requirements, transportation patterns, public health or economic values.

c. Increase in Land Use Intensity. An increase in the intensity of land use, such as an increase in the number or size of nonresidential or residential uses in a structure or on land, or in the number of parking spaces or amount of impervious surface coverage, when the Administrator determines that such increase would affect the area's natural environment, parking requirements, transportation patterns, public health, or economic values.

d. Filling, Excavating or Dredging. Commencement of any filling or excavating operation on a parcel of land or filling or dredging of inter-tidal or underwater land.

e. Change in Effects or Conditions. In connection with the use of land, the making of any material change in noise levels, vibration levels, lighting intensity, thermal conditions, odors, or emissions of waste material.

f. Utility Construction. The construction or extension of any utility service line or facility.

g. Subdivision. The subdivision of land within the Town into two or more lots, parcels or pieces, for purposes of sale or transfer of title.

h. Alteration of a Shore, Bank or Floodplain. Alteration of a shore, bank, or floodplain of a river, stream or other natural water body.

Applicability and Jurisdiction 1.3.50


2. The development as designated in this Development Code shall include all other activities customarily associated with it unless otherwise specified herein. The change or repair of a structure or site infrastructure (e.g., parking, access drives) may result in development as defined herein. Development refers to the act of developing, redeveloping, or the result of development. Reference to any specified activity not involving development is not intended to mean that the activity, when part of other activities, is not development.

D. Activities not Constituting Development.

For purposes of this Development Code, the following activities shall not be considered to be development unless otherwise specifically noted herein:

1. The division of land into parcels of five acres or more where no new street is involved.

2. A transfer of title to land not involving the division of land into parcels.

3. Leases and easements.

4. The creation or termination of leases and easements concerning development of land, or other rights, except that no easement required by this Development Code may be terminated without the approval of the Administrator.

5. Legal exhibits and documents.

6. The recording of any documents or plats expressly for the purposes of reference or attachment to a publicly recorded document when such recording does not result in subdivision of land into parcels. Such recording may include, but is not limited to, documents such as master deeds or covenants, or plats for mortgage or HUD filing purposes only.

7. Subdivision of land into parcels less than 5,000 square feet exclusively for the provision of local utilities such as pump stations.

8. The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots comply with all standards of this Development Code.

1.3.50 Conflicting Provisions

A. Conflict with Other Laws. Whenever the requirements made under authority of these regulations impose higher standards than are required in any other statute or local ordinance or regulation, the provisions of this Development Code shall govern. Whenever the provisions of any other statute or local ordinance or regulation impose higher standards than are required by this Development Code, the provisions of such statute or local ordinance or regulations shall apply.

B. Repeal of Conflicting Ordinances. All town ordinances and parts of town ordinances in conflict herewith are repealed to the extent necessary to give this Development Code full force and effect.

1.3.50 Applicability and Jurisdiction




Division 1.4: Relationship to Comprehensive Plan, Laws, and

Restrictive Covenants

Section: Page #



1.4.10 Comprehensive Plan

It is intended that this Development Code implement the planning policies adopted as part of the Town’s Comprehensive Plan, as amended and periodically updated, including all supplements and attachments thereto.

1.4.20 In Accordance with the Town of Port Royal Comprehensive Plan

This Development Code is intended to ensure that all development within the Town’s jurisdiction is in accordance with the Town of Port Royal Comprehensive Plan.

A. Walkability. This Development Code establishes standards promoting pedestrian-oriented, interconnected development patterns that consider safety, comfort, and human scale.

B. Transportation. This Development Code establishes standards for thoroughfares appropriate for new development and the retrofit and improvement of existing streets. The standards for thoroughfares, found in Division 2.3 of this Development Code, are organized by complexity. Standards for simple thoroughfares are provided as complete Assemblies allowed by right; standards for more complex thoroughfares are provided as Formulas allowed by right, and standards for most complex thoroughfares are provided as Formulas requiring additional review by applicable agencies. Table 1.4.20.A (Comprehensive Plan Transportation Implementation), provides correlation between Thoroughfare descriptions adopted by the Town and those found in this Code.

Table 1.4.20.A: Comprehensive Plan Transportation Implementation

Comprehensive Plan

Transportation Designation

Code Implementing

Thoroughfare Types

Other (Local Streets) Assembly: Rear Lane RL-20-12

Assembly: Rear Alley RA-24-21

Assembly: Road RD-50-26

Minor Collector Assembly: Commercial Street CS-58-34

Assembly: Commercial Street CS-80-54

Major Collector Assembly: Street ST-56-36

Minor Arterial See Table 2.3.90.D for Slow and Low

Movement Types

Principal Arterial See Table 2.3.90.D for Slow and Low

Movement Types

1.4.20 Relationship to the Comprehensive Plan, Laws, and Restrictive Covenants


C. Land Use. The Comprehensive Plan establishes a land use framework that is based on the character of Port Royal’s planning districts and their intended preservation, growth, and change over time. This Development Code establishes a series of Zones that implement the land use goals and policies of the Comprehensive Plan, as described in Table 1.4.20.B (Comprehensive Plan Land Use Implementation Standards) and

allowable land uses in these zones as described in Article 3 (Specific to Zones).

D. Natural Resources. This Development Code establishes zones for the preservation of sensitive environmental lands and provides standards for the continued protection of natural resources throughout all zones. Specific standards are found in Division 5.10 (Resource Protection).

E. Cultural Resources. This Development Code provides standards to protect historic resources as well as tools that encourage and maintain vernacular lowcountry architectural character.

F. Economic Development. This Development Code maintains standards for zones intended to maintain concentrations of jobs, and provides standards for preserving, creating, and maintaining walkable Places that seek to maximize opportunities for economic exchange. It also seeks to incentivize new development through streamlined review and permitting for certain mixed-use projects.

G. Community Facilities. This Development Code establishes standards for Civic Spaces. Table 1.4.20.C, Comprehensive Plan Open Space Implementation, correlates Comprehensive Plan Parks & Open Space with the Civic Space Standards found in Division 2.4 of this Development Code.

Table 1.4.20.B: Comprehensive Plan Land Use Implementation Standards

Comprehensive Land Use

Designation

Zones Implementing Land Use

Open Sector (O)

Open Space Preservation (O-1) T1 Natural Preserve

Open Space Conservation (O-2)

Restricted Growth Sector (G-1)

Low Impact (G-1-A) T3 Edge T3 Sub-Urban Neighborhood

Conventional Neighborhood (G-1-B) T3 Sub-Urban Neighborhood

T3 Neighborhood

Intended Growth Sector (G-3)

Activity Center T4 Neighborhood Center

T4 Urban Center

Village Core T4 Urban Center

T5 Main Street

Other

Military Military Overlay

Wetland Areas T1 Natural Preserve

Relationship to the Comprehensive Plan, Laws, and Restrictive Covenants 1.4.20


Table 1.4.20.C: Comprehensive Plan Open Space Implementation

Comprehensive Plan

Open Space Designation Code Implementing

Civic Space Types

Pocket Park Pocket Plaza (4000 sf. – .5 acres)

Pocket Park (4000 sf. – 1 acre)

Playground

Community Garden

Neighborhood Park (1 – 5 acres) Greenway (8+ acres) Green (1 – 15 acres)

Square (.5 acre – 5 acres) Plaza (.5 acre – 2.5 acres)

Community Park (25+ acres) Community Park (12+ acres)

Waterfront Park

Regional Park (75+ acres) Regional Park (200+ acres)

Special Use Park (varies) Sport Complex (25+ acres)

H. Housing. This Development Code provides tools and standards to provide multifamily and small lot housing that is compatible with lowcountry character and that assists with meeting diverse housing needs. It also seeks to incentivize new development through streamlined review and permitting for certain multifamily projects.

1.4.20 Relationship to the Comprehensive Plan, Laws, and Restrictive Covenants




Division 1.5: Official Zoning Map

Section: Page #


1.5.20 Changes 1-13


1.5.10 Establishment and Maintenance

A. Land subject to this Development Code is divided into the various base and overlay zones established in Article 3 (Specific to Zones). The location and boundaries of the zones are shown on the Official Zoning Map. The Official Zoning Map and all the notations thereon is incorporated herein by reference and made part of this Development Code. The Official Zoning Map shall be the final authority as to the status of the current zone district classification of land in the Town.

B. The original and all revised versions of the Official Zoning Map shall be certified as such by the signature of the Mayor, and shall be kept on file, in either hardcopy or digital form, in the office of the Municipal Clerk.

C. Copies of the Official Zoning Map shall be made available for public inspection in the office of Planning and Development during normal business hours.

1.5.20 Changes

A. Changes made in zone boundaries or other matters portrayed on the Official Zoning Map shall be made in accordance with Section 8 .7.20 (Zoning Map Amendment (Rezoning)).

B. The Administrator shall enter changes onto the Official Zoning Map within a reasonable period of time after a map amendment is approved by the Town Council. Where the ordinance enacting a zone boundary change contains wording explaining or clarifying the location of the new boundary, the Administrator may enter on the Official Zoning Map notations reflecting the ordinance wording.

C. The Municipal Clerk shall maintain copies of superseded versions of the Official Zoning Map for historical reference.

1.5.30 Interpretation

The Administrator shall be responsible for interpretations of the Official Zoning Map in accordance with the standards in Section 8 .1.140 (Written Interpretation).

1.5.30 Official Zoning Map




Division 1.6: Transitional Provisions Section: Page #





1.6.10 Effective Date

This Development Code shall take effect and be in force from and after the date of its adoption by the Town Council.

1.6.20 Complete Applications

A. If an application for a development permit or approval is accepted as complete before <insert effective date of this Development Code>, but is still pending final action as of that date, the application shall be reviewed and decided, at the applicant’s option, wholly in accordance with the development standards in effect when the application was accepted, or wholly in accordance with the standards put into effect by this Development Code (but not in accordance with a mix of provisions from both sets of standards).

B. If the applicant elects to have the pending application reviewed in accordance with the prior standards, the Town shall review and decide the application in good faith and in accordance with any time frames established by the prior standards. If the application is approved and the approval or subsequent authorization of the approved development expires or becomes invalid (e.g., for failure to comply with time limits or the terms and conditions of approval), any subsequent development of the site shall be subject to the procedures and standards of this Development Code.

C. To the extent a pending application is approved in accordance with the prior standards and proposes development that does not comply with this Development Code, the subsequent development, although allowed, shall be nonconforming and subject to the provisions of Article 6 (Nonconformities).

1.6.30 Development Subject to a PUD and Development Agreement

Any application that has received approval for a PUD district, or a Development Agreement before before <insert effective date of this Development Code> may be carried out in accordance with the master plan for PUD and its terms and conditions of approval, and the terms and conditions of the development agreement, provided the PUD and development agreement does not expire and otherwise remains valid. If the PUD agreement expires, is revoked (e.g., for failure to comply with time limits or the terms and conditions of approval), or otherwise becomes invalid, any subsequent development of the site shall be subject to the procedures and standards of this Development Code. If the Development Agreement expires, is revoked (e.g., for failure to comply with time limits or the terms and conditions of approval), or otherwise becomes invalid, any subsequent development of the site shall be subject to the procedures and standards of this Development Code.

1.6.40 Transitional Provisions


1.6.40 Other Approved Development Permits and Approvals

A. Any other development that has received approval of a development permit or approval before <insert effective date of this Development Code> may be carried out in accordance with the terms and conditions of the development permit or approval and the procedures and standards in effect at the time of approval, provided the permit or approval does not expire and otherwise remains valid. If the development permit or approval expires, is revoked (e.g., for failure to comply with time limits or the terms and conditions), or otherwise becomes invalid, any subsequent development of the site shall be subject to the procedures and standards of this Development Code.

B. To the extent a prior approval authorizes development that does not comply with this Development Code, the subsequent development, although allowed, shall be nonconforming and subject to the provisions of Article 6 (Nonconformities).


Division 1.7: Severability

Section: Page #


1.7.10 Severability

It is the legislative intent of the Town Council in adopting this Development Code that all provisions shall be liberally construed to implement the Town of Port Royal Comprehensive Plan and guide development in accordance with the existing and future needs of the Town as established in the Comprehensive Plan and this Development Code, and promote the public health, safety, and welfare of landowners and residents of the Town. If any section, subsection, sentence, clause, or phrase of this Development Code is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity and continued enforcement of any other provision of this Development Code. The Town Council hereby declares that it would have adopted this Development Code and any section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases of the Development Code is declared invalid by a court of competent jurisdiction.

1.7.10 Severability




Article 2: General to Community Design

Content Page #

Division 2.1: Overview 2-1



Division 2.2: General to All Development 2-3

2.2.10 Purpose 2-3






2.2.70 Blocks 2-6

2.2.80 Lots 2-7


2.2.100 Multi-building Development 2-10


Division 2.3: Thoroughfare Standards 2-13

2.3.10 Purpose 2-13


2.3.30 Assembling and Designing a Thoroughfare 2-13




2.3.70 Public Frontages 2-16

2.3.80 Thoroughfare Assemblies 2-18


Division 2.4: Civic Space Types 2-41

2.4.10 Purpose 2-41







Division 2.5: Specific to Subdivision 2-51






Content Article 2: General to Community Design


Content Page #

Division 2.5: Specific to Subdivision (continued)


2.5-70 Thoroughfare Drawing and Construction Specifications 2-54



Division 2.1: Overview

Section: Page #

2.1.10 Purpose and Intent 2.1-1

2.1.20 Applicability 2.1-1


Article 2 provides general standards for community-scaled design; including site plans and subdivisions in which blocks, lots, civic space set-asides, and thoroughfares are created. These standards ensure that both infill development and new neighborhoods blend seamlessly with surrounding communities and better the public realm. More specifically, new development shall:

A. Reinforce the unique identity of Port Royal by incorporating traditional building, lot, street, and block patterns that are based on local context, climate, and history;

B. Reduce sprawling, auto-dependent development and transition auto-oriented areas to walkable places of meaning that will stand the test of time;

C. Contribute to the establishment of a neighborhood or community, rather than the creation of an isolated project;

D. Reinforce an interconnected network of blocks and thoroughfares (streets) that reduces automobile trips;

E. Ensure that buildings and landscaping contribute to the physical definition of streets as public places;

F. Establish appropriately sited and well-proportioned lots, allowing structures to properly orient to streets and civic spaces;

G. Incorporate safe, effective and multi-modal transportation options, including auto, pedestrian, bicycle, and ultimately transit;

H. Protect the site's resources in accordance with this Development Code;

I. Assure the timely provision of required streets, utilities, stormwater systems, and facilities and services to new land development; and

J. Ensure that proposed developments are functional and internally safe to the greatest degree possible and without adverse impact on the environment and adjoining properties.

2.1.20 Applicability

A. General. These General Layout Standards apply to all development that is subject to Site Development Plan Review, as conveyed in Division 8 .3 (Site Development Plan Review), or Subdivision Review, as conveyed in Division 8 .4 (Subdivision Review), unless specifically exempted in a Subsection.

B. Time of Compliance. Review of proposed development to ensure compliance with the standards of this Section shall occur at time of Site Development Plan Review, as conveyed in Division 8 .3 (Site Development Plan Review), or Subdivision Review, as conveyed in Division 8 .4 (Subdivision Review), whichever occurs first.

2.1.20 Overview




Division 2.2: General to All Development

Section: Page #

2.2.10 Purpose 2-3






2.2.70 Blocks 2-6 2.2.80 Lots 2-7


2.2.100 Multi-Building Development 2-10


2.2.10 Purpose

This Division provides general standards for laying out blocks, lots, civic space set-asides, and thoroughfares. These standards are suitable for use in new developments, as well as the retrofit or infill of existing locations, and are used in subdivision and community planning activities to improve the public realm and promote walkable places.


A. General. These General Layout Standards apply to all development that is subject to Site Development Plan review, described in Division 8 .3 (Site Development Plan Review), or Subdivision, described in Division 8 .4 (Subdivision Review), unless specifically exempted in a Subsection.

B. Time of Compliance. Review of proposed development to ensure compliance with the standards of this Section shall occur at time of Site Development Plan review, described in Division 8 .3 (Site Development Plan Review), or Subdivision, described in Division 8 .4 (Subdivision Review), whichever occurs first.

2.2.30 Thoroughfare Network

A. Thoroughfare Network.

1. Conformity to Existing Maps or Plans. The location and width of all proposed streets shall be in conformity with official plans and maps of the Town of Port Royal and with existing or amended plans of the Planning Commission.

2. Thoroughfares, access ways and driveways shall comply with the standards established in the “Beaufort County Technical Manual” (Prepared by Opticos Design, Inc. and AECOM, February 2011), and the standards found in Division 2.3 (Thoroughfare Standards).

3. Hierarchy. There shall be a clear hierarchy of arterials, collectors, and local access streets that provide a continuous and comprehensive network.

B. Reserved.

2.2.50 General to All Development


2.2.40 Thoroughfare Design

A. Thoroughfare Design.

1. The design of all thoroughfares (for vehicles, bicycles, and pedestrians) shall comply with the standards found in Division 2.3 (Thoroughfare Standards).

2. Public or private vehicular rights of way, easements, access-ways, and driveways that are internal to a site and:

a. Will front a building type or civic space type depicted in this Code; or

b. Are necessary to maintain or establish an uninterrupted and interconnected network of blocks and streets, as conveyed in Division 2.2.70 (Blocks)…

…shall comply with the standards found in Division 2.3 (Thoroughfare Standards). To the maximum extent practicable the vehicular right of way, easement, access-way, or driveway shall be designed to incorporate on-street parking, sidewalks, streetscaping (frontage elements), and terminated vistas.

3. Terminated Vistas. Thoroughfares shall implement measures to interrupt or terminate long vistas exceeding 1,200 feet in length to the maximum extent practicable. Such measures shall include, but shall not be limited to:

a. Curvilinear road segments;

b. Jogs or off-sets designed to require vehicles to slow their travel speed;

c. Street chicanes or neck downs;

d. Roundabouts; and

e. Terminated vistas on buildings, statues, ornamentation, or natural features.

B. Reserved.

2.2.50 Thoroughfare Connectivity

A. Thoroughfare Connectivity.

1. The arrangement of roads in a development shall provide for the alignment and continuation of existing or proposed roads into adjoining undeveloped lands that are intended for future development; adjoining developed lands that include opportunities for such connections; and previously approved, but un-built lands that include opportunities for such connections.

2. Road rights-of-way shall be extended to or along adjoining property boundaries such that a roadway connection or thoroughfare stub shall be provided for development:

a. The minimum block face length and perimeter length as defined in Section 2.2.70 (Blocks).

b. Reserved.

3. At all locations where roads terminate with no connection, but a future connection is planned or accommodated, a sign shall be installed at the location with the words “FUTURE ROAD CONNECTION” to inform property owners.

4. Site Development Plans and Subdivision Plats. The Site Development Plan (see Division 8.3 Site Development Plan Review) and Subdivision Plat (see Division 8.4 Specific to Subdivision) shall identify all stubs for roads and include a notation that all stubs are intended for connection with future roads on adjoining undeveloped property.

General to All Development 2.2.50


5. Dead-End Streets and Cul-de-Sacs. Dead-end streets and cul-de-sacs shall not be included in plans. Cul-de-sacs may be approved by Administrative Adjustment, as conveyed in Section 8.6.10 (Administrative Adjustment), to accommodate a site specific environmental feature requiring protection and/or preservation only. Cul-de-sacs approved by Administrative Adjustment shall meet the following standards:

a. Permanent dead-end streets shall be no longer than 300 feet and shall be provided with a cul-de-sac. Dead-end streets constrained by environmental features on 3 sides (peninsula) may extend the minimum block face length defined in Section 2.2.70 (Blocks) by a maximum of 300 feet;

b. Temporary dead-end streets shall be provided with a temporary turnaround area which shall be designed considering traffic usage, maintenance, and removal/retrofit;

c. Cul-de-sacs shall have a minimum right-of-way radius of 50 feet and a paved circular area with a minimum radius of 40 feet;

d. Cul-de-sacs shall contain a central planted median;

e. Whenever cul-de-sac roads are created, at least one pedestrian access easement shall be provided, to the extent practicable, between each cul-de-sac head and the sidewalk system of the closest adjacent road or pedestrian pathway. The access easement shall be direct with a minimum width of 12 feet (minimum surface width of 8 feet), and may be fronted by lots or structures; and

f. Cul-de-sacs should take one of the following forms listed in priority order from most desirable to least desirable (Table 2.2.50.A. Cul-de-Sac Diagrams):

(1) “Loop Road” (internal lots front outward onto civic space).

(2) “Close” or “Close with Vista” (lots front a centrally planted median).

(3) A “Court” (lots fronting a centrally planted median).

B. Reserved.

Table 2.2.50.A: Cul-de-Sac Diagrams

Loop Road Cul-de-sac Close Close with Vista Cul-de-sac as a Court

We Do This Because….

Interconnected Network: An Interconnected street network increases the number of routes available for users,

resulting in less traffic, greater safety, and increased cost savings. Local drivers can choose from multiple routes, allowing

vehicles to disperse throughout the system, and keeping traffic light. If there is an accident, one simply chooses a different

path. A complete network also ensures greater access and quicker response times for emergency and service vehicles. This

results in fewer miles traveled and less consumption of fuel. More importantly, it has the potential to save lives. Finally, the

presence of an interconnected network reduces the need for costly road widening projects and new turning lanes.

Administrative Adjustment



2.2.60 Pedestrian Circulation

A. Pedestrian walkways shall comply with the standards found in Division 2.3 (Thoroughfare Standards) and be constructed concurrently with the thoroughfare or, if the thoroughfare is already constructed, prior to final inspection of any improvements. The Administrator may waive this requirement, using the process for Administrative Adjustment, as conveyed in Section 8.6.10 (Administrative Adjustment), if:

1. An alternative, yet equally effective pedestrian way or pedestrian/bikeway currently exists, or will be provided outside the normal right- of-way; or

2. Unique circumstances, topographic, or natural conditions prevail to the extent that strict adherence to said requirements would be unreasonable and not consistent with the Purposes of this Development Code or goals of the Comprehensive Plan.

B. Reserved.

2.2.70 Blocks

A. Block Design. The design of blocks shall comply with the following:

Table 2.2.70.A: Block Size

Zone Block

Face Length Perimeter Length

T1 Natural No maximum No maximum

T3 Edge, T3 Sub-urban Neighborhood 900 ft. max. 2,400 ft. max.

T3 Neighborhood 600 ft. max 2,000 ft. max

T4 Neighborhood Center 500 ft. max. 1,600 ft. max.

T4 Urban Center 500 ft. max. 1,600 ft. max.

T5 Main Street 500 ft. max. 1,600 ft. max.

1. General.

a. Where possible, blocks shall be laid out to have their short length abutting arterials, collectors, or the development's major road (see Diagram 2.2.70.A: Block Design).

b. The length, width, and shape of blocks should be determined with regard to the provision of adequate sites for buildings of the type proposed, the standards of this Code, topography, fire access, emergency service, and police protection (see Diagram 2.2.70.A: Block Design).

2. Block Shape and Size

a. Block Face and Perimeter. Individual block faces and the total block perimeter shall comply with the standards established in the Table 2.2.70.A (Block Size).

Block face length


Diagram 2.2.70.A: Block Design.



b. Block Face and Perimeter Constraints. In cases where environmental or topographic constraints exist, or the property has an irregular shape, an Administrative Adjustment may be granted as set forth in Section 8.6.10 (Administrative Adjustments), and one of the following shall be provided:

(1) An eight-foot, surfaced, pedestrian pathway easement (minimum surface width of 5 feet) shall be provided mid-block to connect parallel thoroughfares on the long side of the block; or,

(2) An alley shall be provided mid-block to connect parallel thoroughfares on the long side of the block.

c. Block Width. Blocks shall be, at a minimum, such width as will provide two tiers of lots.

3. Reverse Frontage Lots. Reverse Frontage Lots shall be prohibited. Arterials and Collectors shall be incorporated into the structure of all future blocks, with access to the first tier of lots provided directly:

a. From the thoroughfare, or

b. From a Perpendicular Street, Rear Alley / Lane, or Parallel Access Road. Parallel Access Roads may only be used on Arterials in which the relevant area is not specifically addressed in the Beaufort County Thoroughfare Manual.

4. Civic Space Set-Asides and Natural Resources. In areas where a grid or formal network is desired, exceptions would be made for green spaces along drainage or stream channels or where other natural resources make the grid difficult or cost prohibitive. The thoroughfare and block system should be designed to preserve and protect natural areas.

5. Blocks with Industrial Development. Blocks intended for industrial development may vary from the elements of design contained in this Section if the nature of the use requires other treatment. In such cases, safe and convenient access to infrastructure, utilities, parking, and the thoroughfare system shall be provided. Deviations from the standards in this Section shall be approved by Administrative Adjustment as set forth in Section 8.6.10 (Administrative Adjustments).

B. Reserved.

2.2.80 Lots

A. Lots shall be designed to ensure complete, double -tiered blocks, and comply with the following:

1. Frontage. The primary frontage of a lot shall be along one of the following:

a. Thoroughfare. A thoroughfare right-of-way;

b. Single-loaded Frontage Streets. A thoroughfare with development on one side and a civic space on the other;

c. Civic Space. Up to 10 percent of the lots in a development may locate their primary frontage directly upon a civic space in which there is no thoroughfare located between the primary frontage and the civic space (see Diagram 2.2.80. A).


Block Width and Depth: The Town of Port Royal’s streets were originally laid out as a grid (See Cover).

Much of the traditional Town (primarily south of 16th Street) maintains this pattern. Blocks are typically 500

feet in length by 200 feet in width. The Port Royal Code allows for the continuation of this historic pattern.





d. Pedestrian Passage or Rear Alley / Lane. Up to 5 percent of the lots in a development may locate their primary frontage directly upon a Pedestrian Passage or Rear Alley / Lane (see Diagrams 2.2.80. B-C).

2. Avoid Double Frontage Lots. New lots having double frontage, not located on a corner, shall not be permitted unless they are necessitated by size or topographic constraints. For existing lots with frontage on two streets, but not located on a corner, the minimum front setback shall be provided on each street.

3. Access to Lots from Rear Alleys and Lanes. a. Alleys and Lanes that conform to the standards in Division 2.3 (Thoroughfare

Standards) shall be provided along the rear property lines of lots intended for new residential, non-residential, and mixed-use development when the lots:

(1) Are part of a block face with an average lot width of 55 feet or less at the building setback line (excluding lots on cul-de-sacs); or

(2) Front an Arterial thoroughfare in which a Parallel Access Road is not present or planned (regardless of lot width).

b. Lots served by alleys and lanes, including those in accordance with Subsection a. above, that are intended for new single-family, two-family, or multi-family dwellings shall:

(1) Access garages and/or off-street parking areas from the alley as opposed to a primary throroughfare.

(2) Not have driveways in front or corner side yard areas.

4. Driveway Access to Single and Two-Family Residential Lots. Driveways serving individual Single and Two-Family residential lots shall not have direct access onto Arterial thoroughfares, unless no alternative means of access exists (e.g. Perpendicular Road, Rear Alley, or Parallel Access Road), and it is unreasonable or impractical to require an alternative means of access.

5. Consider Resources and Other Natural Features. The arrangement of lots shall reflect the location of protected resources and be sensitive to the other natural features of the property.

B. Lot Width.

1. Reflect General Conditions of Land. Lot width and frontage shall reflect the general conditions of the land on which the development is located, and provide a reasonable building envelope and adequate access to each lot.

2. Where Grid System Exists. Where a grid street system exists, the lots should be as close to rectangular as feasible.

Diagram 2.2.80.A: Primary Frontage Located Directly Upon a Civic Space.

Diagram 2.2.80.B: Primary Frontage Located Directly Upon a Pedestrian Passage.

Diagram 2.2.80.C: Primary Frontage Located Directly Upon a Rear Alley.



3. When Resources Make Normal Lotting Difficult. Where natural resources or property shape make normal lotting difficult, common drives or shared easements may be considered.

a. Flag Lots. Flag Lots are prohibited and may only be permitted using the process for Administrative Adjustment, as conveyed in Section 8.6.10 (Administrative Adjustment), if:

(1) Connectivity and circulation via a network of streets, alleys, pathways, etc, will be maintained;

(2) There is no reasonable alternative due to extreme topographic conditions or other physical conditions; and

(3) The lot has an access strip with a minimum width of 20’ serving the main building site of the property. The front setback on flag lots shall be measured from the front property line within the main building site as opposed to the property line adjoining the public right-of-way.

b. Reserved.

C. Lot Lines. Lot lines shall comply with the following:

1. General. Generally, side lot lines shall be perpendicular or radial to the thoroughfare, and rear lines should be approximately parallel to thoroughfare lines. However, different lot shapes are allowed if it is demonstrated they are necessary or desirable to:

a. Better relate building sites to the terrain on the site, or to provide better site utilization and building relationships;

b. Preserve protected resources or other natural features while still providing generally rectangular building envelopes;

c. Better integrate civic space set-asides while still providing generally rectangular building envelopes; or

d. Create a more efficient lot design and layout while still providing generally rectangular building envelopes.

2. Depth of Lots. The depth of residential lots shall not be less than their width.

D. Minimum Lot Elevation and Drainage

1. General. Lots shall be provided with adequate drainage in accordance with this Code and all other relevant requirements, and shall be graded, so as to drain surface water away from the building(s).

2. Prevent Ponding or Flooding. The minimum elevation of the lot shall be a level that will prevent ponding or flooding as a result of heavy rain, or during abnormally high tides.

3. Drain Lot. The entire lot shall be properly drained at a minimum slope of one-eighth inch per foot toward roadside and/or lot swales.


Rear Alleys and Lanes: Alleys and lanes have both a functional and aesthetic basis. An alleyway is where all of the “messy stuff”

should go. This includes driveways, garage doors, trash containers, recycling bins, and utility boxes and meters. When utilities are located

on an alleyway the street can be significantly narrower, resulting in less pavement, more trees, and wider sidewalks. Freeing the street of

such clutter allows a building’s front façade to be sited closer to the street and places greater emphasis on human habitation (e.g.

porches and stoops over garages and driveways). Finally, alleyways provide occupants of accessory dwelling units with vehicular access to

their unit, but more importantly, they afford fire trucks with an alternative path to the main building (or buildings) on the block.

Administrative

Adjustment



2.2.90 Access Management

A. Access to Town, State, and Federal Thoroughfares. Access to Town, State, and Federal thoroughfares shall comply with the standards established in this Section; and shall compliment the standards established in: the Beaufort County Technical Manual, Division 2.3 (Thoroughfare Standards), Article 3 (Specific to Zones), and this Development Code.

1. Curb Cuts and Access Points. Ingress-egress openings commonly referred to as "curb cuts" shall be regulated by zoning district.

2. Combine Curb Cuts and Access Points. To the maximum extent practicable, curb cuts and other vehicular access points along a street shall be combined.

3. Size of Curb Cuts and Access Points. In no case shall a curb cut or other vehicular access point be less than nine feet or more than 25 feet in width.

4. Location of Curb Cuts and Access Points. At street intersections, no “curb cut” shall be located closer than: 20 feet from the intersecting point of the two street right-of-way property lines involved (or such lines extended in case of a rounded corner); or 25 feet from the intersection of the two curb lines involved (or such lines extended in case of a rounded corner), whichever is the least restrictive.

B. Access Through Parking Lots. Linkages between parking areas within the perimeter of the block (and half block) should be encouraged when a rear alley or lane is present, and shall be provided when there is no rear alley or lane. See Diagram 2.2.90.A (Access through parking lots).

C. Gated Communities. Communities that limit access by the public through the utilization of entryway gates interfere with interconnectivity and vehicular and pedestrian mobility and shall be prohibited.

D.

Diagram 2.2.90.A: Access through parking lots.


Terminated Vista: A terminated vista is a building, object, or feature

that serves as a focal point and interrupts or blocks the view as one

looks down a street or corridor. Such features improve spatial definition

and orientation by creating memorable places that stimulate our senses

and make our communities more interesting. Historically, the numbered

streets in Port Royal “terminated” with a view of the river or marsh. This

reinforces our community’s surroundings and fondness for the water.

When a street vista terminates on a building, it should be architecturally

pleasing, if not significant. 13th Street terminates on historic Port Royal

Elementary School. This prominent vista reinforces our community’s

belief in education, our youth, and the future.


Reverse Frontage Lots: Reverse frontage lots are often used in

suburban settings when new residential neighborhoods are created

along major thoroughfares. Houses on these lots “turn their back” on

the main road and are separated by a planted buffer or berm.

Because the houses do not front the thoroughfare (either directly or

via a frontage road) this design is inefficient, dangerous, and scaled

entirely to the automobile. A traditional street network promotes

single frontage lots in which all thoroughfares are fronted by

buildings. The building’s frontage establishes a strong vertical edge.

This has the effect of slowing traffic, creating interesting places to

walk to, and increasing the number of “eyes on the street.”



2.2.100 Multi-Building Development

A. Applicability. The following standards apply to all multi-building developments of a residential, mixed use, commercial, civic, and light industrial orientation, except:

1. Single-Family and Two-Family Residential development.

2. Personal Storage Facilities. Design Standards specific to Personal Storage Facilities are located in Division 4.2 (Conditional Use Regulations).

B. Site Planning. To the maximum extent practicable sites with multiple buildings shall:

1. Maintain or establish an uninterrupted and interconnected network of blocks and streets as conveyed in Division 2.2.70 (Blocks) and Sub-section 2.2.40.A.2 (Thoroughfare Design);

2. Design all public or private vehicular rights of way, easements, access-ways, and driveways that are internal to a site to the standards of Division 2.3 (Thoroughfare Standards);

3. Configure and locate buildings to define street edges, development entry points, and spaces for gathering between buildings;

Diagram 2.4.100.A: Multi-Building Development. Apartment and townhouse buildings configured on a block and street pattern. (Credit: Teri Norris)

Diagram 2.2.100.B: Multi-Building Development.

“Big Box” retail with mixed-use outparcels configured on a

block and street pattern. Rear-loaded parking for the

perimeter buildings also functions as “front-loaded parking

for the “Big Box.” (Credit: Teri Norris)

4. Frame and enclose parking areas, public spaces, and site amenities on at least three sides;

5. Locate public gathering spaces at prominent corners; and

6. Provide terminating vistas in order to “break-up” a thoroughfare or define its end.

C. Building Orientation.

1. The building façade containing the primary entrance shall be considered as the principal façade.

2. To the maximum extent practicable:

a. Perimeter and interior buildings shall be oriented so that the principal facade faces a public street or public space (street or space may be privately owned); and

b. Perimeter or outparcel buildings shall “wrap” the overall site, establishing a combined frontage buildout along the perimeter street as conveyed in Article 3 (Specific to Zones).



D. Parking.

1. There shall be no parking between a building and the street it fronts, except:

a. On-street parallel or angled parking; or

b. Conventional “front-loaded” parking lots permitted for buildings of 35,000 sf. or more. See Section 5.2.50 (Large Footprint Building) and Diagram 2.2.100.B (Multi-Building Development).

2. Type and design of on-street parking shall comply with Division 2.3 (Thoroughfare Standards).

3. “Head-in”or “front-in” parking shall only be permitted as set forth in Article 3 (Specific to Zones) and Division 5.6 (Off-Street Parking).

E. Street Trees.

1. All internal streets shall contain street trees as established in Tables 2.3.70.A (Street Landscaping), 2.3.90.G (Public Planting), and 2.3.90.H (Clear Height Under Trees).

2. Reserved.

.

F. Pedestrian Walkways. Pedestrian walkways internal to a site shall:

1. Connect all buildings within a multi-building development with the larger pedestrian network surrounding the site;

2. Have a minimum width as conveyed in Table 2.3.90.A (Thoroughfare Formulas);

3. Be provided along the full length of building facades with an entryway or facing off-street parking areas; and

4. Provide crosswalks at all intersections and other street crossings (both external and internal to the site) where a high-level of pedestrian movement is anticipated to maximize pedestrian safety.

2.2.110 Civic Space Set-Asides

A. Civic space set-asides shall comply with Division 2.4 (Civic Space Types).

B. The amount of civic space set-asides is set forth in Section 2.4.50 (Set Aside Requirement).

Diagram 2.2.100.D: New Town Development.

Complete New Town with commercial, office, and residential

development of varying intensities laid out on blocks and streets.

Diagram 2.2.100.C: Town Center Development.

New mixed-use Town Center with commercial, office, and

residential development of a similar intensity laid out on

blocks and streets.


Division 2.3: Thoroughfare Standards

Section: Page #

2.3.10 Purpose 2-13


2.3.30 Assembling and Designing a Thoroughfare 2-13




2.3.70 Public Frontages 2-16 2.3.80 Thoroughfare Assemblies 2-18


2.3.10 Purpose

The intent of this Division is to provide a catalog of pre-approved thoroughfare components and assemblies that are appropriate to use within each transect zone. Components can be combined to form thoroughfares. Assemblies are pre-approved groupings of components. Both are suitable for use in new developments, as well as the retrofit of existing locations, and can be used in subdivision and community planning activities that promote walkable places.


A. This Division describes the standards for developing thoroughfares within transect zones. It supplements the "Beaufort County Technical Manual." Where these standards conflict with the "Beaufort County Technical Manual", the standards of this division shall prevail.

B. These standards are applicable for the transformation of existing thoroughfares and the creation of new thoroughfares in any area within a transect zone.

C. Thoroughfare standards are applicable for the design of collector and local streets. Thoroughfare standards applied to existing arterials and roadways under the jurisdiction of the South Carolina Department of Transportation may require additional review in order to obtain approval.

D. Additional thoroughfare assemblies can be integrated into this division as they are approved by the Town.

2.3.30 Assembling / Designing a Thoroughfare

There are three general procedures for assembling or designing a thoroughfare for approval.

A. Choose a predefined thoroughfare assembly found in Section 2.3.80 (Thoroughfare Assemblies). These thoroughfare assemblies are allowed by right;

B. Assemble a thoroughfare that matches the standards found in Table 2.3.90.A (Thoroughfare Formulas) and use only the predefined components in Tables 2.3.90.B-J.

a. If all of the predefined components are permitted: then the thoroughfare is permitted without additional review.

b. If one or more of the predefined components is permitted: then the thoroughfare shall be submitted for additional review by the Administrator.

By Administrator

By Right

2.3.40 Thoroughfare Standards


C. Design a thoroughfare that matches the standards found in Table 2.3.90A (Thoroughfare Formulas) but utilizes components that differ from the predefined components in Tables 2.3.90.B-J. This thoroughfare will require approval by the Town, including the Zoning Administrator, Engineer, Public Works Division, and Fire District representatives.

2.3.40 Thoroughfare Design

A. Thoroughfares are intended for use by vehicular and pedestrian traffic and to provide access to lots and civic spaces.

B. Thoroughfares shall generally consist of vehicular lanes and public frontages.

C. Thoroughfares shall be designed in context with the urban form and general intention of the zones through which they pass.

1. Within the more urban transect zones (T3 through T5) pedestrian comfort shall be a primary consideration of the thoroughfare design. Design conflict between vehicular and pedestrian movement generally shall be decided in favor of the pedestrian.

2. Within the most rural transect zones (T1) pedestrian comfort shall be a secondary consideration of the thoroughfare design. Design conflict between vehicular and pedestrian movement generally shall be decided in favor of the vehicle.

Submit to the Administrator for

review.

Submit to the Administrator for

review by the appropriate

departments.

Design Thoroughfare

Components.

Select Thoroughfare Components: One or

more “By

Administrator”

(Tables 2.3.90.B-J)

Select Thoroughfare Components:

All “by right”

(Tables 2.3.90.B-J)

Select a Thoroughfare

Formula.

(Table 2.3.90.A)

Select a Pre-Approved

Thoroughfare

Assembly.

(Table 2.3.80)

Identify Zone(s)

Allowed By Right

Allowed By Right

Allowed By Review

Allowed By Review

of Administrator,

Engineer, Public Works Dept., and

Fire District.

Thoroughfare Standards 2.3.50


D. The requirements for pedestrian and bicyclist safety, comfort and access shall establish thoroughfare movement type and design speed. The movement type and design speed then determine the dimensions of each thoroughfare element, such as vehicular lanes and turning (curb) radii.

E. Thoroughfares shall be designed according to the types of vehicles expected to use each thoroughfare on a daily basis. Occasionally, large vehicles are expected on all thoroughfares. All thoroughfares shall allow these vehicles to safely pass without major difficulty. It is expected that large vehicles may cross the centerline when making turning movements.

F. Other factors that may need to be considered in the selection of an appropriate thoroughfare type in transect zones include the following:

1. Parking. Parking availability on-site or on the thoroughfare will influence the appropriate thoroughfare type. Parking will also be determined by lot size and use.

2. Truck Access. Thoroughfares that provide access to high volumes of large trucks may need additional design considerations to mitigate potential negative effects on walkability.

3. Bus Service. Thoroughfares that will serve as a public transit or school bus routes may need additional design considerations, including, but not limited to, the location of bus stops.

4. Stormwater. Thoroughfares may be designed to accommodate stormwater treatment and retention facilities.

G. All lane dimensions shall be measured to the face of the curb. Where no curb and gutter is provided, the lane dimension shall be to the edge of the pavement.

H. Traffic Control and Street Signs. Traffic control and street signs, constructed to required specifications, shall be installed at all thoroughfare intersections at the developer's expense.

2.3.50 Movement Types and Design Speed

Movement types are intended to assist in the selection of the appropriate thoroughfare design for the necessary level of pedestrian and bicyclist safety and comfort at any given location. Design speed is the primary determinant of movement type. A list of approved movement types (along with their assigned lane widths and curb radii) is provided for each transect zone in Tables 2.3.90.A-D.

Following is a list of movement types:

A. Yield. Drivers must proceed slowly, with extreme care, and must yield to approaching traffic when vehicles are parked on both sides of the thoroughfare creating essentially one through lane. A Yield thoroughfare is the functional equivalent of traffic calming. In addition to yield movement use on normal thoroughfares, this movement is used for alleys and rear lanes. For these applications, the primary purpose is access to rear loaded driveways/access for residential and commercial property. Design speed is less than 20 mph.

B. Slow. Drivers can proceed carefully with an occasional stop to allow a pedestrian to cross or another car to park. The character of the thoroughfare should make drivers uncomfortable exceeding the design speed due to the presence of parked cars, sense of enclosure from buildings and street trees, tight turning radii, and other design elements. Design speed is 20-25 mph.

C. Low. Drivers can generally expect to travel without delay at the appropriate design speed. Thoroughfare design supports safe pedestrian movement at the higher design speed. This movement type is appropriate for thoroughfares designed to traverse longer distances or connect to higher intensity locations. Design speed is 30-35 mph.

D. Suburban. This is a conventional thoroughfare design in which drivers can expect a separation of modes (i.e., bike lanes, walking paths and roads) allowing automobiles to travel unimpeded by pedestrians or walkability concerns. This movement type is rarely used in the T3 through T5



Transect Zones, but may be needed when a thoroughfare crosses through the T1 Transect Zone. Design speed may be above 35 mph.

The design criteria for Yield, Slow, and Low thoroughfares shall be commensurate with local thoroughfares. Design speeds higher than 35 mph shall not be used in areas intended to support moderate or high levels of pedestrian or bicycle activity due to concerns with safety and comfort.

2.3.60 Intersections

A. Turning Movements

1. Street design of narrow streets and compact intersections requires designers to pay close attention to the operational needs of transit, fire and rescue, waste collection and delivery trucks. For this reason, early coordination with transit, fire and rescue, waste collection and other stakeholder groups is essential.

2. More regular encroachment of turning vehicles into opposing lanes will occur at compact intersections. Therefore, frequency of access, traffic volumes and the speeds on intersecting streets at those intersections must be considered when designing intersections. For fire and rescue, determination of the importance of that street for community access should be determined, e.g. primary or secondary access.

3. When present, bike lanes and on-street parking will increase the effective curb return radius, when curb extensions are not employed, by providing more room for the wheel tracking of turning vehicles. The designer should use turning templates or software to evaluate intersections to ensure adequate operation of vehicles can occur. Location of on-street parking around intersections should be evaluated during this analysis to identify potential conflicts between turning vehicles and on-street parking.

B. Visual Obstructions. No fence, wall, tree, terrace, building, sign, shrubbery, hedge, or other planting or structure or object capable of obstructing driver vision shall be allowed at intersections.

C. Street Jogs. Street intersection jogs or centerline offsets of less than 150 feet are prohibited in the horizontal alignment of streets across intersections.

D. Intersections. The centerline of no more than two streets should intersect at any one point. Streets should be laid out so as to intersect as nearly as possible at right angles. No street should intersect another street at less than 60 degrees.

2.3.70 Public Frontages

A. The public frontage contributes to the character of the zone, and includes the types of sidewalk, curb, planter, and street trees.

B. Public frontages shall be designed and allocated within zones as shown in Table 2.3.90.E (Public Frontage Types) and Table 2.3.90.F (Public Frontage Standards).

C. Within the public frontages, the prescribed types of public planting and public lighting shall be as shown in Tables 2.3.90.G-J. The spacing may be adjusted with the approval of the Administrator to accommodate specific site conditions.

D. Existing trees may count towards the street tree requirement if approved by the Administrator.

1. Proposed street tree height and type shall be appropriate for the frontage conditions. Trees with existing or potential canopy covering thoroughfares, civic spaces or parking spaces shall be of a type that, at maturity or with minor pruning at installation, provide a clear height as describe in the Table 2.3.90.H (Clear Height Under Trees).

2. Reserved.

E. Street Landscaping. Refer to Table 2.3.70.A (Street Landscaping) for standards.



F. Public Utilities. Public utilities (water, sewer, electric, gas, cable) shall be buried, as conveyed in Sub-section 2.5.40.B (Utility Easements and Lines). Utilities shall be planned and constructed to use the right of way or easement associated with rear lanes or alleys first (the default), and thoroughfares second.

Table 2.3.70.A: Street Landscaping

Zones Tree Species Tree Spacing Landscaping

T1, T3 Various Naturalistically

Clustered

Primarily native species

requiring minimal irrigation, fertilization and maintenance

T3, T4, T5 Single or

alternated

species with

shade canopies

Regularly spaced Primarily durable species

tolerant of soil compaction

Notes:

Within Retail areas tree spacing may be irregular to accommodate shop front awnings.



2.3.80 Thoroughfare Assemblies

A. This Section provides thoroughfare assemblies that have been pre-approved by the Town for use in transect zones.

B. The thoroughfares assemblies in table 2.3.80 (Thoroughfare Assemblies) shall be approved “By-Right” when designed as conveyed.

Key ST-57-20-BL Public Frontage Types

Public Frontage Type Highway: HW Right of Way Width Boulevard: BV Pavement Width Avenue: AV Transportation Commercial Street: CS Drive: DR Transportation Street: ST Bicycle Trail: BT Road: RD Bicycle Lane: BL Rear Alley: RA Bicycle Route: BR Rear Lane: RL Path: PT Passage: PS Transit Route: TR



Table 2.3.80 Thoroughfare Assemblies

Thoroughfare Assembly CS-58-34

Application Public-Frontage Assembly

Transect Zones Public Frontage Type Commercial Street

Drainage Collection Type Curb and Gutter

Movement Type Slow Planter Type 4’ x 4’ Tree Well

Design Speed 20 mph Landscape Type Trees at 30’ o.c. avg.

Overall Widths Lighting Type Post, Column, or

Right-of-Way (ROW) Width 58’ Double Column

Pavement Width 34’ Walkway Type 12’ Sidewalk

Lane Assembly Curb Type Square

Traffic Lanes 2 @ 10’ Intersection

Bicycle Lanes None Curb Radius 10’ max.

Parking Lanes 2 @ 7’ marked

Medians None

By Right By Administrator Not Allowed

A

F

G

D

E

C

B

T1 T3 T4 T5




Thoroughfare Assembly CS-80-54


Transect Zones Public Frontage Type Commercial Street


Movement Type Slow Planter Type 5’ x 5’ Tree Well


Overall Widths Lighting Type Post or Column

Right-of-Way (ROW) Width 80’ Walkway Type 13’ Sidewalk

Pavement Width 54’ Curb Type Square

Lane Assembly Intersection

Traffic Lanes 2 @ 10’ Curb Radius 10’ max.

Bicycle Lanes None


Medians None


F

A G

B

D

E

C

T1 T3 T4 T5




Thoroughfare Assembly ST-56-36


Transect Zones Public Frontage Type Street


Movement Type Slow Planter Type 5’ Continuous Planter


Overall Widths Lighting Type Post or Column


Pavement Width 36’ Curb Type Square



Bicycle Lanes None


Medians None


F

A G

B

D

E

C

T1 T3 T4 T5




Thoroughfare Assembly RD-50-18


Transect Zones Public Frontage Type Road

Drainage Collection Type 2’ Gutter Pan



Overall Widths Lighting Type Pipe, Post, or Column


Pavement Width 18’ Curb Type Rolled Curb



Bicycle Lanes None

Parking Lanes 2 @ 9’

stabilized soil

Medians None


F

A G

B

D

C

E

T1 T3 T4 T5




Thoroughfare Assembly RD-50-26


Transect Zones Public Frontage Type Road

Drainage Collection Type 2’ Gutter Pan



Overall Widths Lighting Type Pipe or Post


Pavement Width 26’ Curb Type Rolled Curb



Bicycle Lanes None


Medians None


F

A G

B

D

E

C

T1 T3 T4 T5

E




Thoroughfare Assembly RL-20-12


Transect Zones Public Frontage

Type Rear Lane

Drainage Gutter Pan and / or Swale, may

Movement Type Yield Collection Type be reinforced for fire safety.

Design Speed <20 mph Planter Type None

Overall Widths Landscape Type None

Right-of-Way (ROW) Width 20’ Lighting Type Pipe or Post

Pavement Width 12’ Walkway Type None

Lane Assembly Curb Type Rolled or Flush

Traffic Lanes 1 @ 12’ Intersection

Bicycle Lanes None Curb Radius 10’ max.

Parking Lanes None

Medians None


T1 T3 T4 T5

A

B




Thoroughfare Assembly RA-24-21


Transect Zones Public Frontage Type Rear Alley

Drainage Collection Type Gutter Pan

Movement Type Yield Planter Type None

Design Speed <20 mph Landscape Type None

Overall Widths Lighting Type Pipe or Post

Right-of-Way (ROW) Width 24’ Walkway Type None

Pavement Width 21’ Curb Type Rolled or Flush


Traffic Lanes 2 @ 10’6” Curb Radius 10’ max.

Bicycle Lanes None

Parking Lanes None

Medians None


T1 T3 T4 T5



2.3.90 Thoroughfare Formulas and Components

A. This Section provides the components of thoroughfares that have been approved by the Town for use in transect zones.

B. The formulas and components that follow may be used as conveyed in Section 2.3.30 (Assembling / Designing a Thoroughfare) to design a complete thoroughfare assembly for approval in the transect zones.

The following tles are adopted into the Engineering Standards and are provided here for reference purposes

Table 2.3.90.A: Thoroughfare Formulas

Allowed Movement

Types Speed

Lane Assembly Public Frontage Assembly

Travel Lanes

Parking Planter Path Assembly Edge

Slow 20 20 mph 9' - 5' min. 8' min. 14' min. R or C

Slow 25 25 mph 10' - 5' min. 8' min. 14' min. R or C

Low: 30 30 mph 10' - 5' min. 8' min. 14' min. R or C

Low: 35 35 mph 11' - 5' min. 8' min. 14' min. R or C

Allowed Movement Types

Speed Lane Assembly Public Frontage Assembly

Travel

Lanes

Parking 1 Planter Path Assembly Edge

Yield: Rear Lane 10 mph 12' 4' min. 4' min. R, C, or RB

Yield 1 <20 mph 12' 7’ 5' min. 5' min. 10' min. R or C

Slow: 20 20 mph 9' 7’ 5' min. 5' min. 10' min. R or C

Slow: 25 25 mph 10' 7’ 5' min. 5' min. 10' min. R or C

Low: 30 30 mph 10' 8' 5' min. 5' min. 10' min. R or C

B C E F D G

D A

T1 T1

T3 T3

B C

A D

D G F E



Table 2.3.90.A: Thoroughfare Formulas (continued)

Allowed Movement

Types Speed

Lane Assembly Public Frontage Assembly

Travel

Lanes

Parking Planter Path Assembly Edge

Yield: Alley 10 mph 21’ 1.5’ min. RB

Yield 1 <20 mph 12’ 7’ 5’ min. 6’ min. 12’ min. C

Slow: 20 20 mph 9’ 7’ 5’ min. 6’ min. 12’ min. C

Slow: 20 w/ 45°

parking

20 mph 12’ 16’ 2 5’ min. 6’ min. 12’ min. C


Slow: 25 w/ 45°

parking

25 mph 10’/12’ 18’ 2 5’ min. 6’ min. 12’ min. C

Low: 30 30 mph 10’ 8’ 5’ min. 6’ min. 12’ min. C

Allowed Movement Types

Speed Lane Assembly Public Frontage Assembly

Travel Parking

Lanes

Planter Path Assembly Edge

Yield: Alley 10 mph 21’ 1.5’ min. RB


Slow: 20 w/ 45°

parking

20 mph 12’ 16’ 2 5’ min. 6’ min. 12’ min. C


Slow: 25 w/ 45°

parking

25 mph 12’ 18’ 2 5’ min. 6’ min. 12’ min. C



Notes:

1 If provided.

1 Parking is required on at least one side in order to facilitate yield movement

2 16' min. for reverse angled parking; 18' min. for head-in angled parking.

Key

R = Rural Edge Treatment C = Curb Edge Treatment RB = Ribbon Curb (18")

T4 T4

T5 T5

A D

D G F E C B

A D

D F E G C B



Table 2.3.90.B: Bicycle Facilities Standards

Class I: Multi-Use Trail

One-Way


One-Way


Transect Zones

Width

One-way 8 feet

Two-way 12 feet

Class II: Bicycle Lane

Class II: Bicycle Lane

Class II: Bicycle Lane with

On-Street Parking

Transect Zones

Width Adjacent to:

Rural Edge 5 feet minimum

Parking 6 feet minimum

Curb and Gutter 5 ½ feet to face of curb

Design Speed of >25 mph

Thoroughfare

Class III: Shared Lanes/Bicycle Boulevard

Class III: Shared Bicycle Lane

Transect Zones

Width No minimum

Design Speed of 25 mph or less

Thoroughfare

Table 2.3.90.C: Curb Radius

This table provides the radius for curbs at the intersection of

thoroughfares.

Movement Type Speed Curb Radius 1

Yield <20 mph 5’ – 10’

Slow 20-25 mph 10’ – 15’

Low 30-35 mph 15’ – 20’

Notes: 1 With on-street parking, or bike lanes and no curb

extensions or bulb-outs.

Curb Radius with Suburban Movement Type may be 25’ max.


T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5






Table 2.3.90.D: Vehicular Lane Assemblies

Movement Type Yield Slow Slow

Design Speed <20 MPH 20 MPH 25 MPH

No Parking T4

4' 12' 4' 9' 9' 10'10'

No Parking

1.5' 21' 1.5' 10' 10' 10' 10'

Limited Parking T4

7' 12' 7'


T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

Rear Alley

Rear Lane



Table 2.3.90.D: Vehicular Lane Assemblies (continued)

Movement Type Low Low

Design Speed 30 MPH 35 MPH

No Parking

(continued)

Bike 10'10' Bike Bike 11'11' Bike

No Parking

(continued)

Bike

10' 10'

10' 10' Bike

Bike

11' 11' 11' 11' Bike

Limited Parking

(continued)


T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5






One-Side Parking T3 T4

7' 9' 9' 7'10'10'

Two-Side Parking T4

4

T4

7' 12' 7' 7' 9' 9' 7' 7'10'10' 7'

Angle Parking T4

16' 24' 16' 18' 12'10' 10' 12' 18'

Reverse angled parking shown Head-in angled parking shown


T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5






One-Side Parking

(continued)

Bike 8' 10'10' Bike

Two-Side Parking

(continued)

T3 T4

Bike Bike 8' 10'10' 8'

Angle Parking

(continued)


T1 T3 T4 T5

T1 T3 T4 T5






Medians With Parking T4

18' 12'10' 10'12' 18'

Medians With Parking



Head-in angled parking shown

T1 T3 T4 T5







(continued)

Bike Bike

8'10' 10'8' 8' 11' 11' 11' 11' 8'


(continued)

8' 10' 10' 10' 10' 8' 8' 11' 11' 11' 11' 8'


(continued)

20' 11'11'11'11' 20'


T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5



Table 2.3.90.E: Public Frontage Types

The public frontage is the area between the curb of the vehicular lanes and the Property Line/ROW. Dimensions

are provided in Table 2.3.80F (Public Frontage Standards).

Public Frontage Type

LOT R.O.W

Zone PRIVATE PUBLIC

FRONTAGE FRONTAGE

(HW) For Highway: The For Highway Frontage has

bicycle trails, no parking and open swales drained by

percolation. The landscaping consists of the natural

condition or multiple species arrayed in naturalistic

clusters. Buildings are buffered by land and distance.

(RD) For Road: The For Road Frontage has open

swales drained by percolation, a walking path or bicycle

trail along one or both sides, and yield parking. The

landscaping consists of multiple species arrayed in

naturalistic clusters.

(ST) For Street: The For Street Frontage has raised

curbs drained by inlets and sidewalks separated from the

vehicular lanes by individual or continuous planters. The

landscaping consists of street trees of a single or

alternating species aligned in a regularly spaced allee.1

(DR) For Drive: The For Drive Frontage has raised

curbs drained by inlets and a wide sidewalk or paved path

along one side, related to a civic space. It is separated

from the vehicular lanes by individual or continuous

planters. The landscaping consists of street trees of a

single or alternating species aligned in a regularly spaced

allee.

(AV) For Avenue: The Avenue Frontage has raised

curbs drained by inlets and wide sidewalks separated

from the vehicular lanes by a narrow continuous planter

with parking on both sides. The landscaping consists of a

single tree species aligned in a regularly spaced allee.

(CS) For Commercial Street or Avenue: The For

Commercial Street or Avenue Frontage has raised curbs

drained by inlets and very wide sidewalks along both

sides separated from the vehicular lanes by separate tree

wells with grates. The landscaping consists of a single

tree species aligned with regular spacing where possible.

(BV) For Boulevard: The Boulevard Frontage has slip

roads on both sides. It consists of raised curbs drained by

inlets and sidewalks along both sides, separated from the

vehicular lanes by planters. The landscaping consists of

double rows of a single tree species aligned in a regularly

spaced allee.

Notes: 1 Streets with a ROW width of 40 feet or less are exempt from tree standards.

T4 T3 T1 T2

C5 C3 C4

> <

> <

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5



Table 2.3.90.E: Public Frontage Types (continued)

The public frontage is the area between the curb of the vehicular lanes and the Property Line/ROW. Dimensions

are provided in Table 2.3.80F (Public Frontage Standards).

Public Frontage Type

LOT R.O.W

Zone PRIVATE PUBLIC

FRONTAGE FRONTAGE

(RA) For Rear Alley: The Rear Alley Frontage is

located to the rear of lots. It consists of a paved surface

and ribbon curb at the edges adjacent to property lines

or buildings. Alleys are typically not landscaped.

(RL) For Rear Lane: The Rear Lane Frontage is

located to the rear of lots. It consists of a paved surface

and compacted gravel or similar material placed on the

outer edges. Lanes are typically not landscaped.

Notes:

1 Streets with a ROW of 40 feet or less are exempt from tree standards


> <

> <

T1 T3 T4 T5

T1 T3 T4 T5



Table 2.3.90.F: Public Frontage Standards

This table assembles prescriptions and dimensions for the public frontage elements - curbs, walkways, and planters - relative to

specific thoroughfare types within transect zones. The Assembly row assembles all of the elements for the various thoroughfare

types.

Transect Zone

4

Public Frontage Type HW-RD-ST RD & ST ST-DR-AV

Assembly: The principal

variables are the type and

dimension of curbs,

walkways, planters and

landscape.

Total Width 14' - 22' 14' - 22' 10' - 17'

Curb: The detailing of

the edge of the vehicular

pavement, incorporating

drainage.

Type Rural (Open Swale) Rolled Curb (Valley Gutter) Raised Curb

Radius 5’ - 20' 5' - 20' 5' - 20'

Path/Walkway: The

pavement dedicated

exclusively to pedestrian

activity.

Type Path Sidewalk Sidewalk

Width 8' One-way; 12' Two-way 5' min. 5' min.

Planter: The layer

which accommodates

street trees and other

landscape.

Arrangement Clustered Clustered Regular

Species Multiple Multiple Multiple

Type Continuous Planter Continuous Planter Continuous Planter

Width 5' min. 5' min. 5' min.


T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5



Table 2.3.90.F: Public Frontage Standards (continued)

This table assembles prescriptions and dimensions for the public frontage elements - curbs, walkways, and planters - relative to

specific thoroughfare types within transect zones. The Assembly row assembles all of the elements for the various thoroughfare

types.

Transect Zone

4

Public Frontage Type ST-DR-AV-BV CS-DR-AV-BV CS-DR-AV-BV

Assembly: The principal

variables are the type and

dimension of curbs,

walkways, planters and

landscape.

Total Width 12' - 16' 12' - 22' 12' - 24'

Curb: The detailing of

the edge of the vehicular

pavement, incorporating

drainage.

Type Raised Rolled Curb (Valley Gutter) Raised Curb

Radius 5’ - 20' 5' - 20' 5' - 20'

Path/Walkway: The

pavement dedicated

exclusively to pedestrian

activity.

Type Sidewalk Sidewalk Sidewalk

Width 5' min. 7’ max. 5' min. 5' min.

Planter: The layer

which accommodates

street trees and other

landscape.

Arrangement Regular Clustered Regular

Species Alternating Multiple Multiple

Type Continuous Planter Continuous Planter Continuous Planter

Width 5' min. 5' min. 5' min.


T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5



Table 2.3.90.G: Public Planting

This table shows common street tree types and their appropriateness within the transect zones. The Engineering

Standards provides detailed specifications for landscaping along thoroughfares. Additional tree types may be approved

by the Administrator.

Standards Illustration Recommended Species

Large Overstory Trees

Placement: Spacing 20' - 35' o.c.

Medium and Understory Trees


Oval Vase

Ball Umbrella

American Beech, American Sycamore, Bald

Cypress, Black Gum, Brandywine Red Maple,

Ginkgo, Honeylocust, Japanese Zelkova,

Lacebark Elm, Laurel Oak, Live Oak, London

Plane Tree, Nuttal Oak, Overcup Oak,

Pignut Hickory, Pond Cypress, Scarlet Oak,

Shagbark Hickory, Shumard Oak, Southern

Magnolia, Southern Red Oak, Swamp

Chestnut Oak, White Oak, Willow Oak

American Yellowwood, Carolina Silverbell,

Crepe Myrtle, Chinese Pistache, American

Hophornbeam, Eastern Redbud, Florida

Maple, Flowering Dogwood,

Goldenraintree, River Birch, Sweetbay

Magnolia, Wax Myrtle

Cabbage Palmetto, Canary Island Date

Palm, Washingtonia Palm, Zelkova

Vertical Trees


Pyramid Pole

Table 2.3.90.H: Clear Height Under Trees

Location of Overhang Height Clear

Sidewalk or Path 8’ min.

Thoroughfare, Driveway or Parking Lot 10’min.

Loading Area 15’ min.

Notes:

Trees covering more than one element shall default to the higher number.


T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5



Table 2.3.90.I: Public Lighting

Lighting varies in brightness and also in the character of the fixture according to the transect zones. This Table shows the

types of light poles and fixtures that may be approved by the Public Works Department assigned to the transect zones.

However, the Public Works Department must be included in the selection of light poles and light fixtures.

Zone

Fixture Type Cobra Head Pipe Post Column

Illustration

Table 2.3.90.J: Lighting for Thoroughfares and Bikeways or Pathways

Zone Height Range Spacing

T1 1, 2 25' max -

T3 1, 2 12 - 16' 90' o.c. max.

T4, T5, 1, 2, 3 12 - 16' 60' o.c. max.

Notes:

1 Pedestrian scaled lighting shall be placed 2 feet from back of curb or street surface.

2 Street lighting and trees shall be located so as not to conflict.

3 Pedestrian scaled lighting may include an optional bracket to attach banners or other

temporary graphic elements to.


T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5





Division 2.4: Civic Space Types

Section: Page #

2.4.10 Purpose 2-41







2.4.10 Purpose

The purpose of this division is to provide a set of civic space types and their associated standards to use within all zones.

Civic space set-asides are intended for the use and enjoyment of a development’s residents, employees, or users. Civic space set-asides serve numerous purposes, including preservation of resource protection areas, other natural areas, ensuring resident access to open areas and recreation, reducing the heat island effect, enhancing stormwater quality, and providing public health benefits.


The standards established in this division shall apply to all proposed development subject to Site Development Plan Review (see Division 8.3 Site Development Review) and Major Subdivision Review (see Division 8.4 Subdivision Review), and shall be considered in combination with the standards for the applicable zone in Article 3 (Specific to Zones) and Article 5 (Supplemental to Zones).

All Agricultural Uses (see Division 4.1 Principal Uses Allowed in Each Zone) shall be exempt from the requirements of this Division.

2.4.30 Civic Space Types

A. There are 12 different civic space types defined in Table 2.4.30.A (Civic Space Type Standards). Two of the civic space types, Playgrounds and Community Gardens, may be incorporated into any of the other civic space types, or they may stand alone.

B. In Table 2.4.30.A (Civic Space Type Standards), the illustration and description of each civic space type are illustrative in nature and not regulatory.

C. The service area, size, frontage and disposition of elements standards of each civic space type are regulatory.

1. Service Area. Describes how the civic space relates to the Town as a whole and the area that will be served by the civic space.

2. Size. The overall range of allowed sizes of the civic space.

3. Frontage. The relationship along property lines of a civic space to adjacent buildings or lots.




Civic Space Types 2.4.30


a. Building. Civic spaces that are listed as having a “building” frontage shall have the fronts of buildings, either attached to the park or across a thoroughfare, facing onto the civic space for a minimum of three quarters of the perimeter.

b. Independent. Civic spaces that are listed as having an “independent” frontage shall have the fronts of buildings either attached to the park or across a thoroughfare, facing onto the civic space to the maximum extent possible, but may have the side or rear of a building or lot front onto the civic space. The side or rear of a building or lot fronting onto the civic space shall be designed with a secondary frontage and entrance along the civic space.

4. Disposition of Elements. The placement of objects within the civic space.

a. Natural. Civic spaces with natural character are designed in a natural manner with no formal arrangement of elements.

b. Formal. Civic spaces with a formal character have a more rigid layout that follows geometric forms and has trees and other elements arranged in formal patterns.

c. Informal. Civic spaces with an informal character have a mix of formal and natural characteristics.

D. Typical Facilities. A list of the typical facilities found within the civic space. This list is not intended to be a complete list of facilities allowed nor is it intended that every civic space would contain each of the facilities listed.

E. The civic spaces specified in Table 2.4.30.A (Civic Space Type Standards) are allowed by right or with the specified approvals in the designated zones.


Regulate Civic Space Type as Opposed to Open Space Area: Well-designed and

well-located civic spaces such as parks, greens, squares, and plazas are critical components of a

thriving and vibrant community. They provide important organizing elements within the structure of a

neighborhood, public gathering places for residents and visitors, and opportunities to creatively and

efficiently address stormwater.

Unfortunately, the quality of most recently built civic spaces is extremely low. This is because current

standards primarily regulate the “amount of open space” required, as opposed to prescribing the

desired “type and character” of each civic space. Many developers simply designate leftover fragments

of land as “open space,” resulting in “communal spaces” that are little more than an after-thought.



Table 2.4.30.A: Civic Space Type Standards

Transect Zone T4

Civic Space Type Regional Park Sport Complex Community Park

Illustration

Description A natural preserve available

for unstructured recreation.

An open space that

consolidates heavily

programmed athletic fields

and associated facilities.

An open space available for

unstructured recreation

and a limited amount of

structured recreation.

Location and Size

Location

Service Area Regional Regional Multiple Neighborhoods

Size

Minimum 200 acres 25 acres 12 acres

Maximum No Maximum No Maximum No Maximum

Character

Frontage Independent Independent Independent

Disposition of Elements Natural, Formal or

Informal

Formal or Informal Informal

Typical Facilities Passive and Active

Recreation, Accessory

Structure, Drinking

Fountains, Community

Facility < 7,500 gsf, Paths

and Trails

Passive and Active


Structure, Drinking


Facility < 7,500 gsf, Paths

and Trails

Passive and Active


Structure, Drinking


Facility < 5,000 gsf, Paths and

Trails


T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5



Table 2.4.30.A: Civic Space Type Standards (continued)

Transect Zone

C3 C4 C5 S1

Civic Space Type Greenway Green Square

Illustration

Description A linear open space that

may follow natural corridors

providing unstructured and

limited amounts of


An open space available

for unstructured and

limited amounts of



for civic purposes, as well

as unstructured and

limited amounts of


Location and Size

Location

Service Area Multiple Neighborhoods Neighborhood Neighborhood

Size

Minimum 8 acres 1 acre 1/2 acre

Maximum No Maximum 15 acres 5 acres

Character

Frontage Independent or Building Building Building

Disposition of Elements Natural or Informal Informal Formal

Typical Facilities

Passive and Active


Structure, Drinking


Facility < 5,000 gsf, Paths and

Trails

Passive and Active

(unstructured or structured)


Structure, Drinking Fountains,

Community Facility <5,000

gsf, Paths and Trails

Passive and Active

(unstructured or structured)


Structure, Drinking Fountains,

Community Facility <5,000

gsf, Paths and Trails


T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5




Transect Zone T3 T4

Civic Space Type Plaza Pocket Plaza Pocket Park

Illustration

Description A formal open space

available for civic purposes

and commercial activities.

Plazas are typically

hardscaped.

A formal open space

available for civic purposes

and commercial activities.

Pocket Plazas are typically

hardscaped.


for informal activities in

close proximity to

neighborhood residences.

Location and Size

Location

Service Area Neighborhood Neighborhood Neighborhood

Size

Minimum 1/2 acre 4,000 sf 4,000 sf

Maximum 2-1/2 acres 1/2 acre 1 acre

Character

Frontage Building Building Building

Disposition of Elements Formal Formal Formal or Informal

Typical Facilities

Passive Recreation,

Accessory Structure,

Drinking Fountains, Paths

and Trails

Passive Recreation,



and Trails

Passive Recreation,



and Trails

Special Conditions – A Pocket Park shall only be permitted by the Administrator in T3 as a means of fulfilling the required 10% allotment of civic space in developments that are 12 acres or less in size. See Section 2.4.50 (Set Aside Requirement).


T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5




Transect Zone

Civic Space Type Playground Community Garden Natural Preserve

Illustration

Description An open space designed

and equipped for the

recreation of children.

A Playground should be

fenced and may include an

open shelter. Playgrounds

may be included within

other civic spaces.

An open space designed

as a grouping of garden

plots that are available to

nearby residents for small-

scale cultivation.

Community Gardens may

be included within other civic

spaces.

A natural preserve that may

contain sensitive natural

habitats. Paths and trails may

be incorporated into the

natural preserve. In T1

natural preserves may include

agriculture and crop

harvesting.

Location and Size

Location

Service Area Neighborhood Neighborhood Not Applicable

Size

Minimum No Minimum No Minimum No Minimum

Maximum No Maximum No Maximum No Maximum

Character

Frontage Independent or Building Independent or Building Independent

Disposition of Elements Formal or Informal Formal or Informal Natural

Typical Facilities



and Trails



and Trails

Paths and Trails


T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5



2.4.40 Design of Civic Spaces

A. Design Standards for Civic Space. Land used as civic space shall meet the following design standards:

1. Location. Where relevant and appropriate, the land shall be located so as to be readily accessible and usable by residents and users of the development. To the maximum extent practicable, a portion of the civic space set-aside should provide focal points for the development.

2. Configuration

a. The land shall be compact and contiguous unless it is used for continuation of an existing trail, or if specific natural or topographic features require a different configuration.

b. The land shall, to the maximum extent practicable, be located to adjoin, extend, and enlarge any open areas, trails, parks, or other open space resources that exist or are planned adjacent to the development.

3. Provision in Multi-Phase Developments. In multi-phase developments, civic space set-asides shall be apportioned among the phases such that the total amount of civic space set aside in a phase and any previously approved phases meets the civic space set-aside standard as applied to the total area of the phase and any previously approved phases.

B. Accessory Structure Standards. All accessory structures within parks and civic spaces, including, but not limited to, rest rooms, open-air pavilions, gazebos, picnic shelters and outdoor theaters, shall not be subject to the physical requirements of the building form standards in Article 3 (Specific to Zones). They shall be designed and furnished to be consistent with the character of the zone in which they are located. Such consistency may require accessory structures to maintain building setbacks, frontage, massing, disposition and character similar to adjacent development as determined by the Administrator.

2.4.50 Set Aside Requirement

A. Minimum Set Aside Requirement. Development in all zones shall set aside the minimum amounts of civic space set-aside identified in Table 2.4.50.A (Set-Aside Requirement).

Table 2.4.50.A: Set Aside Requirement

Transect

Zone

Required Set Aside for Development:

< 4 Acres 4 or More Acres

T1 0% 50%

T3 0% 10%

T4 0% 10%

T5 0% 10%

Notes: Set aside shall be calculated after street rights-of-way are subtracted from the project

area.

Wetlands and other natural features may be included as part of the set aside

requirement if incorporated into a required civic space type.



B. Areas to be Included in Set-Aside Calculations. The features and areas identified in Table 2.4.30.A (Civic Space Type Standards) shall be credited towards the set-aside standards for the purposes of complying with this Section.

1. Existing Civic Site. Projects located within 1500 feet of an existing civic space type may, at the discretion of the Administrator, receive credit against the required allocation. The space should be of similar type, character, and scale as those identified in Table 2.4.30.A (Civic Space Type Standards), and directly accessible to pedestrians.

2. Variety and location. To the maximum extent practicable:

a. The civic space set-aside requirement shall be fulfilled using multiple types allocated throughout the community;

b. Civic space types shall transition as per the underlying zone (e.g. a T3 Greenway transitions into a T4 Green); and

c. Each lot shall be located within a 1500 foot walk of an existing or proposed civic space.

3. Pocket Park in T3. A Pocket Park may only be used in T3 for a proposal that is 12 acres or less in size.

C. Areas not to be Included in Set-Aside Calculations. The following areas shall not be counted as set-asides:

1. Private Yards. Private yards not subject to a civic space or conservation easement;

2. Public Street ROW or Private Street Easements. Public road rights-of-way or private street easements, including sidewalks located within those rights-of-way or easements (usable open space within a parkway or greenway may be considered to be a civic space);

3. Open Parking Areas. Open parking areas and driveways for dwellings;

4. Land Covered by Structures. Land covered by structures not designated for active recreational or passive civic uses; and

5. Outdoor Storage Areas. Designated outdoor storage areas.

2.4.60 Ownership of Set-Asides

A. Set-aside areas shall be maintained as permanent civic space through one or more of the following options:

1. The property owner establishes an entity to manage and maintain the set-aside area in a form that ensures long-term maintenance and management;

2. Conveyance of the land to a property owners’ or homeowners’ association that holds the land in common ownership and will be responsible for managing and maintaining it for its intended purposes;

3. Conveyance of the land to a third party beneficiary, such as a nonprofit environmental or civic organization, that is organized for, capable of, and willing to accept responsibility for managing and maintaining the land for its intended purposes;

4. Dedication of the land to the Town or other appropriate public agency that is organized for, capable of, and willing to accept responsibility for managing and maintaining the land for its intended purposes; or

5. Where civic space set-aside areas are used for active agriculture and crop harvesting, the property owner manages and maintains the set-aside area.



B. If a set-aside is to be conveyed to a property owners’ or homeowners’ association, the association shall be established in accordance with the following:

1. The landowner shall submit documents for the creation of the property owners’ or homeowners’ association to the Town for review and approval. The documents shall include the association’s bylaws, a legal description of civic space set-aside areas, and all documents governing ownership, maintenance, and use restrictions for the set-aside.

2. Documents for the creation of the association shall provide that membership in the association is automatic (mandatory) for all purchasers of land, dwelling units, or structures in the development, and their successors in title, and that the association shall have clear legal authority to compel contributions from members to cover their proportionate share of the costs associated with the maintenance of common areas and facilities.

3. The landowner shall agree that the association shall be established (with all required documents for its creation properly recorded), and operating (with financial subsidization by the landowner or applicant, if necessary, before approval of the first Building Permit for the development.

C. If the set-aside is to be conveyed to a third party beneficiary, such as a non-profit civic organization, then the conveyance shall include deed restrictions that:

1. Govern the use, management, and maintenance of the set-asides, consistent with the standards in this Section;

2. Run with the land in perpetuity; and

3. Include any other provisions that the Town Attorney deems necessary and appropriate to fulfill the requirements of this Section.

D. All methods utilizing private ownership shall include deed restrictions, covenants, or other legal instruments that ensure continued use of the land and facilities for their intended uses and provide for the continued and effective management, operation, and maintenance of the land and facilities.

2.4.70 Maintenance of Set-Asides

A. Maintenance of civic space set-aside areas shall be the responsibility of the owner(s) of the land making up the areas.

1. Civic space set-aside areas or other community facilities shall be maintained in accordance with the approved:

a. Site Development Plan as conveyed in Section 8.3 (Site Development Plan Review);

b. Special Exception Permit as conveyed in with Section 8.2.50 (Special Exception Permit); or

c. Subdivision as conveyed in Section 8.4 (Subdivision Process), whichever is appropriate.

2. Failure to maintain civic space set-aside areas or other community facilities shall be a violation of this Development Code subject to the remedies and penalties in Article 7 (Enforcement).

B. If the owner of a civic space set-aside area fails to maintain it in reasonable condition, and in accordance with approved plans, and fails to correct deficiencies cited by the Town, the Town shall have the authority to correct the deficiencies.


Division 2.5: Specific to Subdivision

Section: Page #







2.5.70 Thoroughfare Drawing and Construction Specifications 2-54



A. Purpose. State law defines subdivisions as land development that divides a tract or parcel of land into two or more lots, building sites, or other divisions.

B. Intent. Division 2.5 provides specific standards by which subdivisions will be reviewed; and is intended to be used in conjunction with, and reinforce the general development and design standards found throughout Article 2. Adherence to these provisions guarantees that new subdivisions are consistent with the Town’s community-oriented character by ensuring the adequate and timely provision of blocks, lots, civic space set-asides, thoroughfares, infrastructure, and other facilities and services.


The following types of activities shall be exempt from the subdivision approval requirements of this Development Code.

A. 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 the governing authority;

B. The subdivision of land into lots of five (5) acres or more where each lot abuts an existing thoroughfare right-of-way or access easement recorded prior to (insert date of adoption);

C. The division of land into lots for the purpose of sale or transfer to members of one's own immediate family, where no new street is involved, is exempt from the standard submission and review procedures;

D. The division of land into parcels for conveyance to other persons through the provisions of a Will or similar document, and in the settlement of an intestate estate;

E. A transfer of title to land not involving the division of land into parcels.

F. The combination or recombination of entire lots of record where no new street or change in existing streets is involved.

Upon request of the Administrator, the owner of the property being divided shall submit a written statement of the occurrence of such divisions as stated in A – F above (for information only).

2.5.40 Specific to Subdivision


2.5.30 General Review Standards

A. General. Applications for subdivisions shall be reviewed and evaluated in accordance with the procedures of Division 8.4 (Subdivision Review), and the standards of this Article.

B. Subdivision Design. Block and lot layout shall meet the standards established in Division 2.2 (General to All Development).

C. Streets. New streets shall meet the standards established in Division 2.3 (Thoroughfare Standards).

D. Civic Spaces. Civic and open spaces shall meet the standards established in Division 2.4 (Civic Space Types).

2.5.40 Service Standards

A. Required Improvements. Approval of a final plat shall be subject to the subdivider having installed the improvements hereinafter designated, or having guaranteed, to the satisfaction of the Town, the installation of said improvements.

1. Street Improvements. Land designated for streets shall be cleared and filled in accordance with the latest edition of the Standard Specifications for Highway Construction, South Carolina State Highway Department as determined appropriate by the Administrator.

2. Drainage. Adequate storm drainage facilities shall be provided in accordance with the requirements for stormwater in the Town of Port Royal (see Division 5.11 Stormwater), and the Beaufort County BMP Manual, as determined by the Administrator.

3. Detention and Retention Ponds. Beaufort County BMP Manual. Design data for storage volume and detention outlet requirements shall be submitted to and approved by the Administrator prior to final plan approval.

4. Water and Sewer Facilities. When a proposed subdivision lies within five hundred (500) feet of an existing public water and/or sewer system, the subdivider shall be required to service his subdivision with this system provided that the public agency having authority over the system has agreed to provide such service. A written agreement between the subdivider and the agency indicating the arrangements made for provision of the service shall be submitted with the final application. Such agreement shall clearly state the responsibilities of both parties as they relate to installation and maintenance of the facility(s).

B. Utility Easements and Lines .

1. Utility Easements. Easements having a minimum width of eight feet and located along the side or rear lot lines shall be provided as required for utility lines and underground mains and cables.

2. Utility Lines. All utility lines within a development site shall be installed

underground. This provision shall not apply to those lines installed upon an

individual single-family or two-family property except where those properties will be served by underground distribution lines located in newly established subdivisions.

3. Administrative Adjustment. Where overhead facilities are warranted due to exigencies of construction, undue and unreasonable hardship, or other conditions related to the development, the respective utility may request an Administrative Adjustment to allow for overhead facilities prior to final subdivision plat approval (see Section 8.6.10 Administrative Adjustment).

Administrative

Adjustment

Specific to Subdivision 2.5.60


2.5.50 Survey and Engineering

A. Installation of Permanent Reference Points and Required Improvements

1. Permanent Reference Points. Permanent reference points shall be placed in accordance with the following requirements:

a. Control monuments. Control monuments shall be placed in the pavement of subdivision streets so that no subdivision lot is more than 800 feet from a control monument. The Control Monuments should be placed in the streets, offset from the center line to avoid sanitary sewer lines, to be approximately half way between the center line and edge of the pavement. Where practical, control monuments shall be placed at points of curvature and points of tangency of curves. The control monument may be poured on the job or be a concrete marker of the type commonly used in the area at least three feet long, and tapered with a twelve inch long 1/4 inch diameter brass or bronze rod embedded in the top. Control monuments shall be placed in a cast iron water main valve type box with a cover flush with the pavement.

b. Property Marker. A steel or wrought iron pipe, rebar, or the equivalent, not less than one-half (0.5) inches in diameter and at least 30 inches in length shall be set at all property corners and points oil curves, except those located by Monuments.

c. Accuracy. Land surveys within the Town Limits shall be set at an accuracy of at least 1:7500; beyond the Town Limits an accuracy of not less than 1:5000 is required.

2.5.60 Improvement Guarantees

To assure the complete installation and maintenance of required improvements, prior to final plat approval, an applicant/developer who wishes to acquire building permits, construct any infrastructure of any type or sell lots before final plat approval may do so through bonding, an irrevocable letter-of-credit and agreement, or other financial security acceptable to the town. The developer shall provide the town with an itemized estimate of all necessary improvements in the subdivision as may be needed (i.e. roads, drainage, water, sewer, etc.). If a portion of the improvements have been installed and accepted and/or approved by the town or other governmental agency having authority over that infrastructure component (i.e. water and sewer), the itemized estimate will be for the improvements from that point to completion of the subdivision. Once the estimates have been approved by the town, the developer will then present the town with a bond, surety or other acceptable means of credit for the total of the improvements plus twenty-five (25) percent in a form acceptable to the town. The town will allow separate bonds to be issued to cover specific infrastructure components for water and sewer and/or for other infrastructure that may be operated and maintained by another governmental entity other than the town. However, the total of all bonds posted must total, at a minimum, one hundred twenty-five (125) percent of the total cost of all infrastructure required to complete the intended improvements.

Prior to issuance of a building or construction permit by the town for the construction of any infrastructure of any type within the property or development, a bond or legal surety, acceptable to the town, guaranteeing the completed installation of all required public and infrastructure improvements to the development and other such improvements shown on the engineering drawings for the development or represented in the application [is required]. Such bonds or other surety shall be payable to the town and equal one hundred twenty-five (125) percent of a registered engineer estimate of construction costs or contractors' executed contracts for



subdivision public and infrastructure improvements, whichever is greater. The applicant shall complete, in a manner acceptable to the town, all improvements including required mechanisms guaranteeing perpetual ownership and maintenance, within twelve (12) months of the date of issuance of a building or construction permit(s) by the town. Failure to do so will constitute a violation of such permit(s) and terminate the right to continue development, and shall entitle the town to act on the posted bond, surety or other guarantee(s) and cause the public and infrastructure improvements to be completed by the town on behalf of the lot purchasers in the development. Extension to the 12-month time period afforded for completion of improvements may be granted one (1) time at the sole discretion of the town. Such requests must be submitted prior to the expiration date of such permit(s) and accompanied by:

A. A detailed explanation of why the extension is necessary;

B. Signed/dated agreement to the extension by all affected lot owners in the development to date;

C. A detailed description of the amount of work completed, cost remaining for incomplete work and time frame for completion of work; all must be certified by a state professional registered engineer;

D. Amended bond, or other such surety for incomplete work in an amount of one hundred twenty-five (125) percent of the cost of completion and of sufficient duration to secure the completion of the work.

The town is hereby granted the power to enforce such bonds by all appropriate legal and equitable remedies. To assure the complete installation and maintenance of required improvements, prior to final plat approval, the town council may require a bond, in an amount and with surety and conditions satisfactory to it, providing for and securing to the town the actual construction, installation and maintenance of such improvements with a period of time specified by the town and expressed in the bond. The town is hereby granted the power to enforce such bonds by all appropriate legal and equitable remedies. The town may accept other means of securing the actual installation and/or maintenance of required improvements.

2.5.70 Thoroughfare Drawing and Construction Specifications

A. Design Drawings and Certification. Professional engineers, registered in the state, shall prepare plans, profiles, cross sections, and specifications for all new roads and streets. The engineers shall certify roads/streets are built to comply with the approved plans and specifications. Cross sections shall be developed every 100 feet at intersections and break points in grade. Cross sections shall show travelways, shoulders, ditches, or curb and gutter, if applicable, and utility location.

B. Construction Specifications for Paved Streets. Street construction specifications for paved

streets shall be in compliance with the Town’s Engineering Standards.

2.5.80 Traffic Impact Analysis

A. Traffic impact analysis required.

1. Except as outlined below, a traffic impact analysis (TIA) shall be required for any development that would generate more than fifty (50) trips during the peak hour of the adjacent street. A second phase, second subdivision, or addition that takes a property over the trip limitation when taken as a whole shall also require a TIA even though that development does not qualify on its own. The town staff shall determine whether a TIA is complete. Thorough and complete TIA's are the responsibility of the applicant. Failure by



the applicant to provide a complete TIA may result in review delays for their plat or plan. A use shall not be changed to another use permitted in the district without conducting a new TIA, if required.

2. Development on lots in the downtown districts defined as south of Ribaut Road, bounded by Richmond Avenue on the east and The Battery Creek on the west extending all the way south on the peninsula to and including the Port Redevelopment Property as well as "The Sands," shall not be subject to the requirements of this section.

B. Traffic impact analysis plan preparation.

1. The TIA shall be conducted by an engineer registered in the state that is experienced in the conduct of traffic analysis, and approved by the town's reviewing staff.

2. Prior to beginning the traffic impact analysis plan, the applicant shall supply the town with the following:

a. A written narrative describing the proposed land use(s), size and projected opening date of the project and all subsequent phases;

b. A site location map showing surrounding development within one-half ( 1/2) mile of the property under development consideration; and

c. A proposed site plan or preliminary subdivision plat illustrating access to public or private roads and connectivity to other contiguous developments.

3. Town reviewing staff will rely upon the most current edition ITE trip generation manual or any alternative acceptable to the engineering department, and available information on land use, travel patterns and traffic conditions, and after consulting with the SCDOT will supply in writing to the applicant and/or his engineer the parameters to be followed in the study including the directional split of driveway traffic, trip distribution, background traffic growth rate, previously approved but not completed projects and the intersections to be analyzed along with any associated turning movement counts which are available or discussed and approved by the reviewing staff.

C. Plan content.

1. All phases of a development are subject to review, and all traffic plans for the entire development shall be integrated with the overall traffic analysis. A traffic impact analysis plan for a specific phase of development shall be applicable to the phase of development under immediate review. However, each phase of development shall expand and provide detailed analysis at the development plan stage beyond the estimates provided for at the concept plan or master plan stage.

2. The adequacy of the roads to which the development takes access shall be assessed in the TIA. Recommendations for improvements shall be made. The relative share of the capacity created shall be broken down as follows: development share, other developments share, any existing over capacity, and capacity available for future growth.

3. Residential development, residential care facilities, hospitals, hotels and resort-oriented developments shall submit an emergency evacuation analysis (EEA), as part of the TIA. The EEA shall indicate how the proposed development utilizes the county's prescribed evacuation routes, as shown in the Beaufort County Comprehensive Plan. The transportation planner or traffic engineer preparing the report shall indicate the effect of the proposed development upon existing evacuation times for that portion of the county. The EEA shall be reviewed by the Beaufort County Director of Public Safety prior to submittal as part of the TIA.



4. The following elements shall be included in a traffic impact analysis plan:

a. A site plan or subdivision plat identifying accesses to and from existing or proposed streets and intersections.

b. Description of the proposed development, including the type of proposed land use, the number of residential units by type, the number of existing and proposed lots, the type of proposed nonresidential development and the amount of such development measured by gross floor area or other appropriate unit of measurement, the general size and type of accessory development or facilities, and, for nonresidential development, adequate information to identify the appropriate land use category for trip generation. The traffic impact analysis plan will be projected to a date mutually agreed upon by the applicant and staff.

c. Projected vehicular trips to and from the completed development during a.m. and p.m. peak hour. Trip rates shall be taken from ITE manual, provided, however an applicant may elect to perform, at his own expense, a trip generation study which may be submitted as part of the traffic impact analysis plan. Such trip generation study shall be subject to the review and verification of the town reviewing staff. For proposed uses not specifically listed in the ITE manual, and for which a trip generation study has not been performed, the town engineer, in consultation with the traffic engineer, shall determine the most appropriate trip generation rate. The town reviewing staff shall make the determination of the appropriate trip generation rate, from whatever the source. The percentage of pass-by trips, if used in the plan, shall be included, as well as the source of the percentage of pass-by trip information.

d. A written narrative setting forth the assumptions upon which any projection, made in developing the traffic impact analysis plan, shall be included in the analysis. If the assumptions are derived from the ITE manual, the materials shall be referenced and properly cited. If the assumptions are not from the ITE manual, appropriate excerpts from other reliable transportation planning resources shall be included in the study and reasons underlying the assumptions shall be stated in the narrative.

e. The TIA shall review access to the site. The adequacy of the entrance design shall be evaluated and recommendations made of acceleration and deceleration lanes, left turn lanes, or signalizations shall be part of the TIA.

f. The TIA shall review the number and types of curb cuts that are permitted. In particular, the TIA shall assess the connection of the property to adjoining properties. Where the use, scale of development, or size of adjoining properties is such that trips would be anticipated between the proposed use and the other properties the TIA shall make recommendation on interconnections. The TIA shall recommend interconnections to provide a smooth flow of traffic between uses along arterials and collector roads to ensure that as much traffic as possible uses secondary roads rather than major roads for short trips.

g. The traffic impact analysis shall be based on intersection analysis procedures for signalized intersections as identified in the most current edition of the transportation research board's highway capacity manual and/or the last update that analyzes and emulates these procedures by means of computer software if available. The results of any required analysis/computer analysis shall, at a minimum, indicate compliance or variance from the traffic goals in subsection (j). The traffic impact analysis plan will be projected to a date mutually agreed upon by the applicant and staff.



h. The intersections that must be analyzed in the study are identified to be as follows:

1. Any intersection that serves as a development's point of access. This will include intersections of public and/or private roads with major arterials, and driveways offering direct access.

2. The first major intersection as identified by the town's designated traffic engineer on both sides of the development's point of access.

3. Other intersections on major arterials if development generates more than fifty (50) a.m. or p.m. peak hour trips to that intersection or when in the opinion of the TRC there is a potential for a significant impact to the intersection's level of service from site related

4. traffic, or intersection demand critical.

5. Unsignalized intersections and access drives shall be considered if development impacts are anticipated. The plan must include the results of an analysis of the operating conditions of critical intersections and/or all intersections identified in the concept plan. The analysis shall reflect the projected condition of these intersections and movements, based on the scheduled opening date of the development. Other phases of the development if they can be reasonably determined shall be considered as well.

D. Mitigation plan required. If the initial analysis indicates that the town's adopted traffic service level goals will be exceeded, a mitigation plan must be prepared based on additional analysis. The mitigation plan must show how the town's service level goals are addressed as mitigated. Applicants will be responsible to mitigate the traffic impacts at any intersection effected by a proposed development.

1. If a traffic signal is recommended, the analysis shall provide information that does the following:

a. Clearly indicates the need for a traffic signal.

b. Assesses the ability of other existing or planned or proposed public roads to accommodate the new traffic at a location other than the main highway in the vicinity of the proposed development.

c. Describes in detail how a specific development will affect the study area transportation system.

d. Provides documentation of appropriate South Carolina Manual of Uniform Traffic Control Devices (SCMUTCD) signal warrant satisfaction.

e. Gives design geometry of the private road that is consistent with that of public road intersections including curbs, appropriate lane widths, pavement markings and vertical alignment. Other roadway factors to be considered include, but are not limited to, speed, type of highway, grades, sight distance, existing level of service, conflicting accesses, and the effect of future traffic signal systems.

f. Provides an approach throat length for the road to guarantee the movement of vehicles entering the site will not be impeded by on-site conditions, and insure that all signal spacing requirements are adequately met.

2. A traffic signal progression analysis is required if the proposed location is closer than the SCDOT standards given the presence of existing signals or the possible existence of future signals proposed as part of a highway signal system.



3. The desirable spacing of signalized intersections on principal arterials is the SCDOT, county, or town standards. The town's reviewing staff may recommend to SCDOT the installation of a traffic signal at locations where using SCDOT standards spacing is inappropriate due to: topography, existing or proposed road layout; documented accident history; unique physical constraints; existing or proposed land use patterns; or requirements to achieve specific objectives for highway segment designations as shown in any locally adopted land use or transportation plan or approved town or county transportation plan or approved transportation policy.

4. Signal spacing concerns may be ameliorated in the following ways:

a. A proposed private road that may otherwise be considered for the installation of a traffic signal may be replaced by an onsite route or a frontage road that directs traffic to or from a nearby public road;

b. A private road that is being considered for traffic signal installation may be required to connect to the existing or planned local road system to allow uses of surrounding properties;

c. An existing or proposed intersection may be relocated; or

d. A shared private road may be required to serve the needs of the multiple properties.

5. A traffic signal progression analysis for all new, revised or planned traffic signal systems on state highways shall be performed using methods, models, computer software, data sources, roadway segment length, and assumptions approved by the town's reviewing staff. The roadway segment, analyzed to the extent possible, shall include all traffic signals in the existing or future traffic signal system. The progression analysis shall:

a. Demonstrate acceptable existing and future traffic signal systems operation that may include the morning peak, evening peak, midday period, and other appropriate time period during any day of the week adjusted for peak season, for cycle lengths and travel speeds approved by the town's reviewing staff;

b. Provide for a progressed traffic band speed no more than five (5) mph (eight (8) km/h) below the existing posted speed for both directions of travel during the off-peak periods, nor more than ten (10) mph (sixteen (16) km/h) below the existing posted speed during peak periods. Approval by the town's reviewing staff is required where speeds deviate more than the above;

c. Demonstrate sufficient vehicle storage is available at all locations within the traffic signal system without encroaching on the functional boundaries of adjacent lanes and signalized intersections. The functional boundary of an intersection shall be determined in discussion with the town's reviewing staff based on existing or projected conditions;

d. Provide a common cycle length with adequate pedestrian crossing times at all signalized intersections; and

e. Provide a progression bandwidth as large as that required, or as presently existing, for through traffic on the federal or state highway at the most critical intersection within the roadway segment. The most critical intersection is the intersection carrying the highest through volume per lane on the federal or state highway.

6. The traffic signal progression analysis shall be supplemented by a traffic engineering report that also considers highway capacity and safety of the roadway segment under consideration. Traffic volumes, intersection geometry and lane balance considered at all locations shall be appropriate for the present and future conditions. Present and future conditions are usually considered to include the year of completion, and five (5) years



into the future.

7. A clear and concise summary of recommended improvements that can serve as an executive summary is required.

E. Traffic impact analysis plan review. The town's reviewing staff shall review all traffic impact analysis plans as part of the initial approval for the concept plan or master plan. Final traffic impact analysis plans shall be approved at the development plan phase.

F. Application. A traffic impact analysis plan shall be submitted to the town's reviewing staff. Coordination with other entities in the county government or South Carolina Department of Transportation (SCDOT) shall be the responsibility of the town.

G. Action on traffic impact analysis plan. The town's reviewing staff must first approve the TIA in regard to completeness and accuracy. Following review of the required impact analysis plan, reviewing staff shall recommend action as follows:

1. Approval of the traffic impact analysis as submitted;

2. Approval of the traffic impact analysis plan with conditions or modifications as part of the development review and approval process. An acceptable traffic impact analysis plan with traffic mitigation measures may include the reduction of the density or intensity of the proposed development; phasing of the proposed development to coincide with state and/or county-programmed transportation improvements; applicant provided transportation improvements; fees in lieu of construction, or any other reasonable measures to insure that the adopted traffic service level goals are met. If mitigation is required, it shall be required as a condition of any approval from the town.

H. Timing of implementation. If a traffic mitigation program is part of an approved traffic impact analysis plan, the developer may be required to place a performance bond on all traffic mitigation improvements required as a result of his project. This requirement may arise if the timing of the improvements needs to be synchronized with other scheduled improvements anticipated for the area.

I. Responsibility for costs of improvements. The costs of implementation of an approved mitigation program shall be the responsibility of the applicant. No certificates of zoning compliance or building permits shall be issued unless provisions of the transportation impact analysis are met.

J. Traffic goals. The average stop time delay in seconds per vehicle for each intersection determined to be critical to the traffic impact analysis for the proposed development shall be compared to the town's adopted traffic service level goal of "D" for the average delay for all vehicles at any signalized intersection during the a.m. and p.m. peak hours.





Article 3: Specific to Zones

Content Page #

Division 3.1: Establishment and Designation of Zones 3-1

3.1.10 Purpose 3-1





Division 3.2: Transect Zones 3-1

3.2.10 Purpose 3-1



3.2.40 T3 Edge (T3E) Standards 3-23



3.2.70 T4 Neighborhood Center (T4NC) Standards 3-35

3.2.80 T4 Urban Center (T4UC) Standards 3-41


Division 3.3: Overlay Zones 3-31

3.3.10 Purpose 3-31






Content Article 3: Specific to Zones




Division 3.1: Establishment and Designation of Zones

Section: Page #

3.1.10 Purpose 3-1





3.1.10 Purpose

This Division establishes the zones applied to property within the Town and adopts the Town’s Zoning Map.

3.1.20 Establishment of Zones

A. Zoning Map. The Town Council hereby adopts the Town of Port Royal Zoning Map (hereafter referred to as the “Zoning Map”), which is on file with Town staff. See Division 1.5 (Official Zoning Map). The Zoning Map is hereby incorporated into this Development Code by reference as though it were fully included here.

B. Zones Established. The Town of Port Royal shall be divided into transect zones and overlay zones that implement the Comprehensive Plan. The zones in this Division are hereby established, and shall be shown on the Zoning Map.

C. Interpretation of Zone Boundaries. Where uncertainty exists as to the boundaries of any of the zones shown on the Zoning Map or maps, the Planning Commission, upon written application or upon its own motion, shall determine the location of such boundaries on said Zoning Map or maps. All dedicated public streets within the County shall be zoned.

3.1.30 Transect Zones

The transect zones are described in Division 3.2 (Transect Zones). They primarily focus on mixed-use, walkable areas of the Town and range in function and density from primarily residential areas with a mix of building types (e.g. T3 Neighborhood), to medium density neighborhoods and other commercial and retail areas (e.g. T4 Neighborhood Center).

3.1.40 Overlay Zones

The overlay zone standards are described in Division 3.3 (Overlay Zones). Overlay zones include areas of the Town that are subject to additional design standards or limitations, such as the Airport MCAS Overlay or Historic Preservation Overlay.

3.1.50 How Building Height is Measured

A. Determining Overall Building Height. Building height shall be measured in number of stories from the natural grade or finished grade adjacent to the building exterior to the highest point of coping of a flat roof, the top of a mansard roof, or the highest point of the highest pitched roof.

3.1.50 Establishment and Designation of Zones


B. Determining the Maximum Number of Stories Permitted. The maximum number of stories (floors) allowed in a building is established by Transect Zone in Division 3.2.

C. Determining the Height of each Story. The following methodology shall be used to determine the minimum and maximum height of each floor in a building.

1. Where applicable, minimum ground floor height and upper story height are established by Transect Zone in Division 3.2.

2. Maximum ground floor height and upper story height are established in Table 3.1.50.A (Maximum Height of a Story) below. A story that exceeds these regulations shall be counted as two or more stories.

Table 3.1.50.A: Maximum Height of a Story

Floor Location

Non-Residential

Multi-Family

Residential

Single and

Two-Family

Residential

Ground Floor 20' max. 16' max. 14' max.

Upper Story 12' max. 12' max. 12' max.

Notes:

All heights are measured finished floor to highest point of the finished ceiling.

Certain uses associated with Landmark Buildings may be exempt from maximum story height.

D. Ground floor Finish Level.

1. Where applicable, minimum and maximum ground floor finish level (measured from adjacent finished grade) are established by Transect Zone in Division 3.2.

2. Ground floor finish level for Single, Two-Family, or Multi-Family Residential building types shall be a minimum of 18” and a maximum of 5 feet (measured from adjacent finished grade). Where maximum ground floor finish level exceeds this height, the undercroft (basement, crawl space, or storage area) shall count as a story.

E. Basement. Basements with an exterior exposed wall greater than five feet tall (measured from the adjacent finished grade to the finished floor of the story above) shall count as a story.

F. ½ Story. A 1/2 story is the top floor of a building that has a maximum exterior wall height not to exceed 6 feet, creating a sloped ceiling on the top level of the structure. Dormers may be used to provide egress windows as required by the adopted building code. See Diagram 3.1.50.A (1/2 Story Depicted)

G. Appurtenances. Architectural, Mechanical, and Structural Appurtenances may exceed the allowable building height, and shall conform to the standards for Appurtenances, as conveyed in the Building Form Standards for each Transect Zone (see Division 3.2. Transect Zones).

Diagram 3.1.50: ½ Story Depicted.


Measure Height By Stories: Regulating height by stories rather than feet allows developers to use taller floor-to-ceiling heights, which leads to

more efficient, aesthetically pleasing, and historically accurate buildings. This approach discourages developers from using minimal floor heights or

flatter roofs in order to force as many floors into a building as possible. Instead, the number of stories is limited, and the height of each story is

confined to a range. Designers are provided the flexibility necessary to create well-proportioned buildings that are tall enough to define the streetscape.


Division 3.2: Transect Zones

Section: Page #

3.2.10 Purpose 3-3



3.2.40 T3 Edge(T3E) Standards 3-7



3.2.70 T4 Neighborhood Center (T4NC) Standards 3-19 3.2.80 T4 Urban Center (T4UC) Standards 3-23


3.2.10 Purpose

This Division provides regulatory standards governing land use and building form within the transect zones. The Form-Based Code is a reflection of the community vision for implementing the intent of the Comprehensive Plan to preserve the Town of Port Royal’s character and create walkable places. These standards are intended to ensure that proposed development is compatible with existing and future development on neighboring properties, and produces an environment of desirable character.


The requirements of this Division shall apply to all proposed development within the transect zones, and shall be considered in combination with the standards for specific uses in Article 4 (Specific to Use), and the development standards in Article 5 (Supplemental to Zones). If there is a conflict between any standards, the provisions of Article 4 (Specific to Use) control over Article 3 (Specific to Zones) and Article 5 (Supplemental to Zones).




Transect Zones 3.2.30


3.2.30 T1 Natural Preserve (T1) Standards

General note: the illustrations above are intended to provide a brief overview of the transect zone and are descriptive in nature.

A. Purpose B. Allowed Building Types

The Natural Preserve (T1) Zone is intended to preserve

areas that contain sensitive habitats, open space, and

limited agricultural uses. This Zone typically does not

contain buildings; however, single-family dwellings, small

civic buildings or interpretive centers may be located

within this zone.

N/A

C. Allowed Uses D. Parking

Type of Use Required Spaces

Principal Uses See Section 4.1.30

(Principal Use Table)

For parking requirements for:

Recreation, Education, Safety, Public Assembly

Transportation, Communication, Infrastructure

see Table 5.6.30.A (Parking Spaces Required).

Accessory See Division 4.3

(Accessory Uses and Structures)

Temporary See Division 4.4

(Temporary Uses and Structures)

All parking spaces in the T1 Zone shall be pervious.

Use Definitions


(Principal Use Definitions)






____________________________________________________________________________________

3.2.40 T3 Edge (T3E) Standards

General Note: The illustration above is intended to provide a brief overview of the transect zone and is descriptive in nature.

A. Purpose

B. Allowed Building Types

The Edge (T3E) Zone is a special area that forms at the

fringe of Town limits where land meets adjacent

waterways. While almost exclusively residential, civic and

park functions are also complimentary to the character

within the T3 Edge Zone.

Building Type Specific Regulations

Carriage House 5.1.40

Detached House – Large 5.1.50

Detached House – Medium 5.1.60

Detached House – Compact 5.1.70

Landmark Building 5.2.30



T3 Edge (T3E) Standards

C. Building Placement

D. Building Form

Setback (Distance from ROW/Property Line

Building Height

Front 25’ min.

Main Building 2.5 stories Side Street 15’’ min.

max.

Side:

Ancillary Building 2 stories max.

Side, Main Building 10’ min.

Ground Floor Finish Level 1 18” min., 60” max.

Side, Ancillary Building 5’ min.

Upper Floors(s) Ceiling 8’ min. clear Rear 15’ min.

Appurtenances

Lot Size (11,250 SF max.)

Architectural (cupolas, towers, steeples, chimneys, etc.):

Width 75’ min.

Roof Area (combined) 25% max.

Depth 150’ min.

Height 15’ max.

Miscellaneous

Mechanical, Structural (heat and air, elevator enclosure, etc.):

Where existing adjacent buildings are in front of the Roof Area (combined 25% max.

regulated build-to-line (BTL) or front setback, the building

Height 15’ max.

may be set to align with the façade of the front-most

Footprint

immediately adjacent property.

Lot Coverage 25% of lot area max.

The Administrator may exempt the following uses from the

Loading docks, overhead doors, and other service entries

maximum lot size requirement:

may not be located on street-facing facades

Parks & Open Areas; Water or Marine Oriented Facility.

Notes

1 Buildings located in a flood hazard zone will be required to

be built above base flood elevation in accordance with the

building code.



T3 Edge (T3E) Standards

E. Encroachments and Frontage Types F. Parking

Encroachments Required Spaces

Front 5’ max. Principal Residential Uses:

All Allowed Uses 2 per unit min. Side Street 5’ max. Side 3’ max. Except: Community Residence 1 per 1500 sf min.

Rear 5’ max. Office and Service or Retail and Restaurant Uses:

Encroachments are not allowed within a Street ROW / Alley

ROW, buffer, or across a property line.

Lodging: Short Term Rental / B&B per Table 4.1.40

All Other Offices and Services 2.5 per 1000 sf min.

See Division 5.3 (Private Frontage Standards) for further For parking requirements for:

refinement of the allowed encroachments for frontage. Recreation, Education, Safety, Public Assembly

Required Frontage Types Transportation, Communication, Infrastructure

Common Yard Porch, Engaged 1 see Table 5.6.30.A (Parking Spaces Required).

Porch, Projecting 1 Stoop 1 Location (Setback from Property Line) 1 Accessory steps may exceed the maximum encroachment. Front 50’ min. Additional Frontages are permitted for Landmark Buildings. Side Street 25’ min.

Additional Encroachments Permitted Side 0’ min. Bay Windows Decks Stairway Rear 5’ min. Chimneys Ramps Other Miscellaneous

These elements may encroach as conveyed above. Curb Cut or Parking Driveway Width: Residential except Community Residence 10’ max.

Non-residential & Community Residence 14’ max.

G. Allowed Uses H. Lots with Buildings Oriented to Water or Marsh

Type of Use Building Location



If a site is designed to address the water/marsh the ADU may

be located between the Main Building and the Front Street.



Front Setback - ADU

Front Setback - Main Building

12’ min.

40’ min.



Separation b/t ADU and Private

Frontage on Main Building:

10’ min.

(may include breezeway)

Use Definitions Miscellaneous



Garage Doors shall not face the street.

Corner Lot: ADU shall locate adjacent to Side Street.






3.2.50 T3 Sub-Urban Neighborhood (T3SN) Standards

General note: The illustration above is intended to provide a brief overview of the transect zone and is descriptive in nature.


The Sub-Urban Neighborhood (T3SN) Zone is intended to

provide a less intense, predominantly single-family area

within the framework of a neighborhood in which Civic and

park functions, as well as limited goods and services are

located within walking distance.



Detached House – Large 5.1.50



Duplex 5.1.90




T3 Sub-Urban Neighborhood (T3SN) Standards

C. Building Placement D. Building Form

Setback (Distance from ROW/Property Line) Building Height

Front 25’ min., 35’ max. Main Building 2.5 stories max. Side Street 15’ min, 25’max. Ancillary Building 2 stories max.

Side: Ground Floor Finish Level 1 18” min., 60” max.

Side, Main Building 10’ min, 15’max. Upper Floors(s) Ceiling 8’ min. clear Side, Ancillary Building 5’ min. Appurtenances

Rear 5’ min. Architectural (cupolas, towers, steeples, chimneys, etc.):

Lot Size (7,500 SF max.) Roof Area (combined) 25% max.

Width 75’ min. Height 15’ max

Depth 100’ min. Mechanical, Structural (heat and air, elevator enclosure, etc.):

Miscellaneous Roof Area (combined) 25% max.

Where existing adjacent buildings are in front of the Height 15’ max

regulated build-to-line (BTL) or front setback, the building Footprint

may be set to align with the façade of the front-most Lot Coverage 30% of lot area max.

immediately adjacent property. Loading docks, overhead doors, and other service entries

The Administrator may exempt the following uses from may not be located on street-facing facades.

the maximum lot size requirement: Notes

Parks & Open Areas; School: Public or Private; 1 Buildings located in a flood hazard zone will be required to

Water or Marine Oriented Facility. be built above base flood elevation in accordance with the

building code.



T3 Sub-Urban Neighborhood (T3SN) Standards




Side Street 5’ max. All Allowed Uses 2 per unit min.

Side 3’ max. Office and Service or Retail and Restaurant Uses:

Rear 5’ max. Lodging: Short Term Rental / B&B per Table 4.1.40

Encroachments are not allowed within a Street ROW/Alley


All Other Allowed Uses 2.5 per 1000 sf min.




see Table 5.6.30.A (Parking Spaces Required).

See Division 5.3 (Private Frontage Standards) for further

refinement of the allowed encroachments for frontages.

Required Frontage Types

Common Yard Porch, Engaged 1 Location (Setback from Property Line)

Porch, Projecting 1 Stoop 1 Front 50’ min. 1 Accessory steps may exceed the maximum encroachment. Side Street 25’ min. Additional Frontages are permitted for Landmark Buildings. Side 0’ min.

Additional Encroachments Permitted Rear 5’ min.

Bay Windows Decks Stairway Miscellaneous

Chimneys Ramps Other Curb Cut or Parking Driveway Width: These elements may encroach as conveyed above. Residential Uses 10’ max.

Non-residential Uses 14’ max.

G. Allowed Uses

Type of Use







Use Definitions








____________________________________________________________________________________ 3.2.60 T3 Neighborhood (T3N) Standards



The Neighborhood (T3N) Zone is intended to provide a

predominantly single-family area in which compatible multi-

family housing types, such as duplexes and cottage courts

are integrated into the neighborhood framework. Civic and

park functions, as well as transit, and commercial functions

are located within walking distance.





Cottage Court 5.1.80

Duplex 5.1.90

Mansion Apartment 5.1.110




T3 Neighborhood (T3N) Standards



Front 15’ min., 20’ max. Main Building 2.5 stories max. Side Street 10’ min., 20’ max. Ancillary Building 2 stories max.

Side: Ground Floor Finish Level 1 18” min., 60” max. Side, Main Building 10’ min. Upper Floors(s) Ceiling 8’ min. clear

Side, Ancillary Building 5’ min. Appurtenances

Rear 5’ min. Architectural (cupolas, towers, steeples, chimneys, etc.):

Façade within Façade Zone: Roof Area (combined) 25% max.

Front 75% min. Height 15’ max

Side Street 50% min. Mechanical, Structural (heat and air, elevator enclosure, etc.):

Lot Size (20,000 SF max.) Roof Area (combined) 25% max.

Width 100’ max. Height 15’ max

Depth 200’ max. Footprint

Miscellaneous Lot Coverage 30% of lot area

Where existing adjacent buildings are in front of the Loading docks, overhead doors, and other service entries

regulated build-to-line (BTL) or front setback, the building may not be located on street-facing facades.

may be set to align with the façade of the front-most Notes

immediately adjacent property. 1 Buildings located in a flood hazard zone will be required to

The Administrator may exempt the following uses from be built above base flood elevation in accordance with

the maximum lot size requirement: the building code.

Parks & Open Areas; School: Public or Private;

Water or Marine Oriented Facility.



T3 Neighborhood (T3N) Standards



Front 5' max. Principal Residential Uses:

Side Street 5’ max. All Allowed Uses 1.25 per unit min.


Rear 5’ max. Lodging: Short Term Rental / B&B per Table 4.1.40

Encroachments are not allowed within a Street ROW/Alley


All Other Allowed Uses 2.5 per 1000 sf min.


See Division 5.3 (Private Frontage Standards) for further Recreation, Education, Safety, Public Assembly

refinement of the allowed encroachments for frontages. Transportation, Communication, Infrastructure

Required Frontage Types see Table 5.6.30.A (Parking Spaces Required).

Common Yard Porch, Engaged 1 Location (Setback from Property Line)

Porch, Projecting 1 Stoop 1 Front 40’ min. 1 Accessory steps may exceed the maximum encroachment. Side Street 15’ min. Additional Frontages are permitted for Landmark Buildings. Side 0’ min.

Additional Encroachments Permitted Rear 5’ min.

Balconies Chimneys Ramps Other Miscellaneous Bay Windows Decks Stairway Curb Cut or Parking Driveway Width: These elements may encroach as conveyed above. Residential Uses 10’ max.

Non-residential Uses 14’ max.

G. Allowed Uses

Type of Use







Use Definitions








3.2.70 T4 Neighborhood Center (T4NC) Standards


A. Purpose B. Sub-Zones

The Neighborhood Center (T4NC) Zone is intended to

integrate appropriate, medium-density residential building

types, such as duplexes, townhouses, small courtyard

housing, and mansion apartments into a neighborhood

framework that is conducive to walking and bicycling. Civic,

transit, and commercial functions are located within walking

distance.

T4 NC-O (Open)

The intent of the T4NC-O Sub-Zone is to provide

neighborhoods with a broader amount of retail and service

uses in the scale and character of the T4NC zone.

C. Allowed Building Types






Duplex 5.1.90

Townhouse 5.1.100


Apartment House 5.1.120


T4 NC-O Sub-zone Only

Flex Building 5.1.130

Main Street Mixed Use 5.1.140

Gas Station 5.2.40

Large Footprint Building 5.2.50



T4 Neighborhood Center (T4NC) Standards

D. Building Placement E. Building Form


Front 10’ min., 25’ max. 1

Main Building 2.5 stories max. Side Street 10’ min., 20’ max.

Ancillary Building 2 stories max.

Side: Ground Floor Finish Level: Side, Main Building 5’ min.

Residential 18” min., 60” max.

Side, Ancillary Building 0’ min. Non-Residential (T4NC-O) 6” max.

Rear 0’ min. Ground Floor Ceiling:

Façade within Façade Zone: Non-Residential (T4NC-O) 10’ min.

Front 75% Upper Floor(s) Ceiling 8’ min. Side Street 50% Ground Floor lobbies and Common areas in multi-unit

Lot Size (37,500 SF max.) buildings may have a 0” to 6” ground floor finish level.

Width 150 ft. max. Within 25’ of the rear property line, buildings may not be

more than a half-story taller than the allowed height of

adjacent buildings.

Depth 250 ft. max. Large Footprint Building Only

Width Max. width of block face Appurtenances

Depth Max. depth of block face Architectural (cupolas, towers, steeples, chimneys, etc.):

Miscellaneous Roof Area (combined) 25% max.

Where existing adjacent buildings are in front of the Height 18’ max.

regulated build-to-line (BTL) or front setback, the building Mechanical, Structural (heat and air, elevator enclosure, etc.):

may be set to align with the façade of the front-most Roof Area (combined) 25% max

immediately adjacent property. Height 18‘ max.

Loading docks, overhead doors, and other service Footprint

entries may not be located on street-facing fades. Width: Main Building 100’ max.

The Administrator may exempt the following uses from the

maximum lot size requirement: Community Recreation

Facility; Meeting Facility or Place of Worship (>10,000 SF);

Parks & Open Areas; Recreation and Entertainment Facility:

Outdoor; School: Public or Private; School: College or

Upper floors must have a primary entrance along the Front.

Notes 1 The Front Setback for the Flex and Main Street Mixed Use

building type (excluding Large Footprint Building) shall be:

University; Water or Marine Oriented Facility. 10’ min., and 18’ max.



T4 Neighborhood Center (T4NC) Standards

F. Encroachments and Frontage Types G. Parking



Side Street 12’ max. All Allowed Uses 1 per 1500 sf min.


Rear 0’ max. All Lodging Uses per Table 4.1.40

Encroachments are not allowed across a side or rear Except: Inn 1 per 2 rooms min.

property line, or across a curb. All Other Allowed Uses 2.5 per 1000 sf min.

See Division 5.3 (Private Frontage Standards) for further For parking requirements for Recreation, Education,

Safety, Public Assembly; Transportation, Communication,

Infrastructure; and Industrial uses see Table 5.6.30.A

(Parking Spaces Required).

refinement of the allowed encroachments for frontages.

Required Frontage Types

Common Yard Stoop 1 Shopfront 1 2 Arcade 1 2

Porch, Projecting 1 Forecourt Terrace 1 2 Location (Setback from Property Line)

Porch, Engaged 1 Dooryard 1 Gallery 1 2 Front 40’ min. 1 Accessory steps may exceed the maximum encroachment. Side Street 15’ min. 2 Allowed in T4HC-O Sub-Zone only, unless explicitly Side 0’ min. permitted as a Frontage Type for Landmark Buildings. Rear 5’ min. Additional Encroachments Permitted Miscellaneous

Balconies Chimneys Ramps Other Curb Cut or Parking Driveway Width Bay Windows Decks Stairway 40 spaces or less 14’ max.

These elements may encroach setbacks as conveyed above. Greater than 40 spaces 18’ max.

H. Allowed Uses

Type of Use







Use Definitions








3.2.80 T4 Urban Center (T4UC) Standards



The Urban Center (T4UC) Zone is intended to integrate

vibrant main-street commercial and retail environments

into a walkable neighborhood framework. This area serves

as the focal point for the community, providing access to

day-to-day amenities and transit.





Duplex 5.1.90

Townhouse 5.1.100





Gas Station 5.2.40




T4 Urban Center (T4UC) Standards



Front 0’ min., 15’ max. Main Building 2 stories min., 1

Side Street 0’ min., 10’ max

4 stories max. 2

Side: Ancillary Building 2 stories max.

Main Building 3’ min., 6’ max. Ground Floor Finish Level: 3 Ancillary Building 0’ min. Residential 18” min., 60” max.

Rear 0’ min. Non-Residential 6” max.

Façade within Façade Zone: Ground Floor Ceiling: Front 75% Non-Residential 10’ min.

Side Street 50% Upper Floor(s) Ceiling 8’ min.

Lot Size (62,500 SF max.) Ground Floor lobbies and common areas in multi-unit Width 250’ max.

buildings may have a 0” to 6” ground floor finish level.

Depth 250’ max. Within 25’ of rear property line, bldgs may not be more than

Large Footprint Building Only a ½ story taller than the allowed height of adjacent buildings.



Miscellaneous Roof Area (combined): 25% max. Height: 18’ max.

Where existing adjacent buildings are in front of the Mechanical, Structural (heat and air, elevator enclosure, etc.):

regulated build-to-line (BTL) or front setback, the building Roof Area (combined): 25% max. Height: 18’ max.

may be set to align with the facade of the front-most Footprint

immediately adjacent property. Width: Main Building 250’ max.

No planting strips are allowed between sidewalk and building. Upper floors must have a primary entrance along the front.

New Development(s) in T4 NC shall not have a Monument Distance Between Entries to Upper Floor(s) 80’ max.

Sign. Loading docks, overhead doors, and other service entries

The Administrator may exempt the following uses from the may not be located on street-facing facades.

maximum lot size requirement: Notes

Community Oriented Facility; Community Recreation 1 The Large Footprint Building Type may be 1 story in height.

Facility; Meeting Facility or Place of Worship (>10,000 SF); 2 South of 16th Street maximum building height in T4 UC shall

Parks & Open Areas; School: Public or Private; School: be 3 stories, except for corner lots, where the maximum

College or University; Water or Marine Oriented Facility. building height shall be 4 stories. 3 Buildings in a flood hazard zone are required to build above

the base flood elevation in accordance with the bldg. code.



T4 Urban Center (T4UC) Standards




Side Street 12’ max. All Allowed Uses 1 per 1500 sf min.


Rear 0’ max. All Allowed Lodging Uses per Table 4.1.40

Encroachments are not allowed across a side or rear Except: Inn and Hotel 1 per 2 rooms min.

property line, or across a curb. All Other Allowed uses 2.5 per 1000 sf min.

See Division 5.3 (Private Frontage Standards) for further For parking requirements for Recreation, Education, Safety,

refinement of the allowed encroachments for frontages. Public Assembly; Transportation, Communication,

Awnings, Galleries, Arcades, and Balconies (see below) may Infrastructure; and Industrial uses see Table 5.6.30.A

encroach further into the street ROW to within 2' of face (Parking Spaces Required).

of curb. Eaves may encroach up to 3' into the street ROW. Location (Setback from Property Line)

All other encroachments are not allowed within street ROW. Front 40’ min.

Required Frontage Types Side Street 5’ min. Porch, Projecting 1 Forecourt Terrace 1 Side 0’ min. Porch, Engaged 1 Dooryard 1 Gallery 1 Rear 5’ min. Stoop 1 Shopfront 1 Arcade 1 Miscellaneous

1 Accessory steps may exceed the maximum encroachment. Curb Cut or Parking Driveway Width:

Additional Encroachments Permitted 40 spaces or less 14’ max.

Balconies Chimneys Ramps Other Greater than 40 spaces 18’ max.

Bay Windows Decks Stairway

These elements may encroach setbacks as conveyed above.

G. Allowed Uses

Type of Use







Use Definitions








3.2.90 T5 Main Street (T5MS) Standards


T5 Main Street Zone consists of higher density, mixed- use

buildings that accommodate retail, rowhouses, offices, and

apartments along primary thoroughfares within a

neighborhood framework. A tight network of streets defines

this Zone as a highly walkable area. Buildings are set very

close to the frontages in order to define the public realm.



Townhouse 5.1.100





Gas Station 5.2.40





Sid

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t

T5 Main Street (T5MS) Standards

D

F

C B

E

H

A G

L

G J

I Street



Front 0’ min., 0’ max. Main Building 2 stories min., 1

Side Street 0’ min., 0’ max

4 stories max.

Side: Ancillary Building 2 stories max.

Main Building 0’ min., 0’ max. Ground Floor Finish Level: 2 Ancillary Building 0’ or 0’ min. Residential 18” min., 60” max.

Rear 0’ min. Non-Residential 6” max.

Façade within Façade Zone: Ground Floor Ceiling: Front 90% Non-Residential 12’ min.

Side Street 50% Upper Floor(s) Ceiling 8’ min.

Lot Size (62,500 SF max.) Ground Floor lobbies and common areas in multi-unit Width 250’ max.

buildings may have a 0” to 6” ground floor finish level.

Depth 250’ max. Within 20’ of rear property line, bldgs may not be more than

Large Footprint Building Only a ½ story taller than the allowed height of adjacent buildings.



Miscellaneous Roof Area (combined) 25% max

Build-to-line (BLT) must be defined by a building Height 18’ max.

within 30’ of corner along the front. Mechanical, Structural (heat and air, elevator enclosure, etc.):

A building form with a chamfered corner is permitted only if Roof Area (combined) 25% max.

a corner entry is provided. Height 18’ max.

Entire BTL / ROW must be defined by a building or a 24” to Footprint

42” high fence or stucco or masonry wall. Depth: Ground-Floor Space 30’ min. No planting strips are allowed between sidewalk and building. Distance between Entries to ground floor (uses): 50’ max.

New Development(s) in T5 MS shall not have a Monument Any building wider than 150’ shall read as a series of buildings.

Sign. Loading docks, overhead doors, and other service entries

The Administrator may exempt the following uses from the may not be located on street-facing facades.

maximum lot size requirement: Notes

Community Oriented Facility; Community Recreation 1 The Large Footprint Building Type may be 1 story in height.

Facility; Meeting Facility or Place of Worship (>10,000 SF); 2 Buildings in a flood hazard zone are required to build above

Parks & Open Areas; School: Public or Private; School: the base flood elevation in accordance with the bldg code.

College or University; Water or Marine Oriented Facility.



Sid

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Sid

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T5 Main Street (T5MS) Standards

R

S

L Q P

O

K

Street

S

Street




Side Street 14’ max. All Allowed Uses 1 per 1500 SF min.


Rear 0’ max. All Allowed Lodging Uses per Table 4.1.40

Encroachments are not allowed across a side or rear Except: Inn and Hotel 1 per 2 rooms min.

property line, or across a curb. All Other Allowed uses 2.5 per 1000 sf min.,

See Division 5.3 (Private Frontage Standards) for further 4 per 1000 sf max.

refinement of the allowed encroachments for frontages. For parking requirements for Recreation, Education, Safety,

Awnings, Galleries, Arcades, and Balconies (see below) may Public Assembly; Transportation, Communication,

encroach further into the street ROW to within 2' of the face Infrastructure; and Industrial uses see Table 5.6.30.A

of curb. Eaves may encroach up to 3' into the street ROW. (Parking Spaces Required).

all other encroachments are not allowed within street ROW. Location (Setback from Property Line)

Required Frontage Types Front 40’ min. Porch, Projecting 1 Dooryard 1 Arcade 1 Side Street 5’ min. Stoop 1 Shopfront 1 Side 0’ min. Forecourt Gallery 1 Rear 5’ min. 1 Accessory steps may exceed the maximum encroachment. Miscellaneous

Additional Encroachments Permitted Curb Cut or Parking Driveway Width: Balconies Chimneys Ramps Other 40 spaces or less 14’ max.

Bay Windows Decks Stairs Greater than 40 spaces 18’ max.

These elements may encroach as conveyed in (E.) above.

G. Allowed Uses

Type of Use







Use Definitions







Division 3.3: Overlay Zones

Section: Page #

3.3.10 Purpose 3-31






3.3.10 Purpose

This Division provides regulatory standards governing land use and building form within special overlay zones. These zones are typically applied to certain areas of the Town where extreme environmental, physical or cultural constraints need increased planning guidelines and consideration.


The requirements of this Division shall apply to all proposed development within the overlay zones, and shall be considered in combination with the standards for specific uses in Article 4 (Specific to Use), if applicable, and the development standards in Article 5 (Supplemental to Zones). If there is a conflict between any standards, the provisions of Article 4 (Specific to Use) control over Article 3 (Specific to Zones) and Article 5 (Supplemental to Zones).




Overlay Zones 3.3.30


3.3.30 Military Overlay (MO) Zone Standards A. Purpose

The Military Overlay (MO) Zone is applied to existing military

bases and Department of Defense lands, and provides for

military facilities and all supporting activities such as housing,

offices, and services that are on base land, even though they

would otherwise be considered separate uses. Military

property is under jurisdiction of the federal government.

Recommendations and standards for this Zone are not

included in this Division, since these lands are federally owned,

and are typically not subject to Town regulations.

B. Allowed Land Uses

Any use which is integral or compatible to the principal

operation located within the MO Zone, provided that such

use is authorized and under the control of the responsible

governmental agency owning the land or operating the facility

or installation, and provided that such use is determined by

the responsible governmental agency not to be contrary to

the public welfare.

C. Other Requirements

Allowed uses may be located in the MO Zone subject to such

requirements and regulations as deemed necessary by the

governmental agency responsible for their operation to

assure their most effective utilization in terms of the overall

functioning of the installation or facility and in terms of

insuring the best interests of the general public.






3.3.40 MCAS Airport Overlay (MCAS-AO) Zone Standards

A. Purpose D. Noise Reduction Requirement

The MCAS Airport Overlay (MCAS-AO) shall overlay other Day-Night Average (DNL)

Decibel zoning classifications that shall be referred to as base zoning. Reduction

The MCAS-AO Zone includes all lands within an 65 to 69.9 25 decibels 1,2

established footprint affected by airport operations at the 70 to 74.9 30 decibels 1,2

Marine Corps Air Station Beaufort (MCAS-Beaufort). The 75 and above 35 decibels 1,2

overlay “district” includes all lands underlying the noise zones Notes:

of 65 DNL (day-night average sound level) and above, and 1 A weighted (DBA) noise level reduction (NLR). accident potential zones as designated in the most recent Air

Installations Compatible Use Zones (AICUZ) Report for 2 Because manufactured homes are constructed to federal

standards that may not meet the standards listed above for

MCAS-Beaufort as authorized for use by the Department of noise attenuation, all permit applications for the placement the Navy, and as adopted by the Town of Port Royal of manufactured homes within a noise zone shall be Council. accompanied by the following disclosure statement:

In order to increase public awareness and to ensure the E. Airport Noise Zone Disclosure Statement

general safety and welfare of persons affected by adverse

impacts common to military aircraft operations, Subsection I hereby acknowledge and understand that in making this

application for the location of a manufactured home within

E (Airport Noise Zone Disclosure Statement) of this overlay

district requires that property owners within the MCAS-AO Noise Zone _________, I fully acknowledge that such

Zone be properly notified of their location. In addition, Has been determined to be possibly hazardous to health by

Subsection H of this overlay district sets forth limitations excessive aircraft noise. I further acknowledge that

and restrictions that shall apply to certain land uses that have manufactured homes are constructed to Federal standards

been determined to be incompatible according to federal and may not meet the Town of Port Royal standards for

standards. noise attenuation consistent with the location of homes

within this zone.

B. Accident Potential Zones Accident potential zones (APZ's) are divided into three Dated this _____ day of __________, __________.

types along primary flight paths. The clear zone (CZ) is an area at either end of a runway which possesses a high Witness __________ Owner __________.

potential for accidents. APZ-1 is the area normally beyond

the clear zone, which possesses a significant potential for

Accidents. APZ-2 is an area normally beyond APZ 1, which.

has a measurable potential for accidents.

Potential for Accident Zone High Clear Zone (A) Significant APZ-1 (B) Measurable APZ-2 (C)

C. Noise Zones The noise exposure from aircraft operations is measured using the day-night average sound level noise metric (DNL). The DNL averages aircraft sound levels over a 24-hour period with an adjustment for increased sensitivity to nighttime noise. The DNL visually is depicted as a noise contour that connects points of equal value. The area between two noise contours is known as a noise zone. Noise zones are hereby established as follows:

Day-Night Average (DNL) Zone Less than 65 decibels 1 65 to 69.9 decibels 2a 70 to 74.9 decibels 2b Greater than 75 decibels 3



MCAS Airport Overlay (MCAS-AO)

E. Notification

1. At all real estate closings involving a property in an accident potential zone or noise zone, the buyer, seller and witnesses shall sign the following form which shall be filed with the deed and/or plat at the Beaufort County Register of Deeds Office.

a. MCAS Airport Overlay Disclosure Form

The property at __________ (address/location) is located in proximity to the Marine Corps Air Station Beaufort. Beaufort County and the Town of Port Royal have determined that persons on the premises will be exposed to accident potentials and/or significant noise levels as a result of the airport operations. The Town has established certain noise zones and accident potential zones (APZs) within its Development Code.

The above property is located in Noise Zone __________ and in Accident

Potential Zone __________.

The Town has placed certain restrictions on the development and use of property within these areas. Before purchasing the above property, you should consult the Town of Port Royal Administrator to determine the restrictions that have been placed on the subject property.

b. Certification

As the owner of the subject property, I hereby certify that I have informed

__________, as a prospective purchaser, that the subject property is located in the MCAS Airport Overlay district.

Dated this __________ day of __________, __________.

Witness____________ Owner____________.

As a prospective purchaser of the subject property, I hereby certify that I have been informed that the subject property is in the MCAS Airport Overlay district, and I have consulted the Town of Port Royal Administrator to determine the restrictions which have been placed on the subject property.

Dated this __________ day of __________, __________.

Witness __________ Purchaser __________.

2. All prospective renters signing a commercial or residential lease shall be notified by the property owner through a written provision contained in the lease agreement if the leased property is located within the MCAS-AO Zone.

3. All subdivision plats, planned unit development plats, townhouse plats and/or condominium documents shall contain the following disclosure statement:

a. MCAS Airport Overlay Disclosure Statement.

This property lies within the MCAS Airport Overlay District, which applies to property in proximity to the Marine Corps Air Station Beaufort. Purchasers are required to sign a Disclosure Form per Division 3.4.30 of the Town of Port Royal Development Code and file the form with the deed and/or plat at the Beaufort County Register of Deeds Office. All or a portion of this property lies within:

Accident Potential Zone: __________.

Noise Zone: __________ DNL (Day-Night Average Sound Level): __________.




b. Reserved.

4. In the case of new construction, a signed MCAS Airport Overlay Disclosure Statement shall accompany the building permit application.

F. Non-Conforming Uses and Structures G. Variances

H. Use Limitations

The standards for nonconformities contained in

Article 6 (Nonconformities) are modified or

supplemented as follows:

1. Nonresidential Uses and Structures.

a. A nonconforming structure with damage

greater than 50 percent of its market value

before the damage shall be replaced by a

conforming structure.

b. Nonconforming uses and structures shall not

be expanded.

c. Nonconforming uses and structures shall not

become conforming through the special use

permit process.

d. Improvements to a nonconforming structure

that exceed 50 percent of its market value

(before the improvements) shall be required

to meet the noise attenuation requirements

of this Section. Permits for improvements

shall be cumulative for a period of five years.

e. Any nonconforming use or structure shall be

considered abandoned if vacant or unused

for 90 days, and shall only be replaced with

conforming uses/structures.

f. Notwithstanding the above, a nonconforming

meeting facility/place of worship shall be

permitted to be rebuilt if damaged greater

than 50 percent of its market value (before

the damage) provided the noise attenuation

requirements of this Section are met. A

nonconforming meeting facility/place of

worship may be expanded by up to 15

percent of the gross floor area provided the

expansion does not increase the occupant

load of the building.

2. Residential Structures. Improvements to a

nonconforming residential structure that exceed

50 percent of its market value before the

improvements shall be required to meet the

noise attenuation requirements of this Section.

Permits for improvements shall be cumulative

for a period of 5 years.

The Town Zoning Board of Appeals (ZBOA) shall

not act upon a request for a variance from this

Section affecting lands within the MCAS-AO Zone

until they have received an advisory opinion from

MCAS-Beaufort. If an advisory opinion is not

received within 30 days of notification, the ZBOAA

may proceed to act on the request without the

opinion.

The following limitations apply to uses allowed in the

MCAS-AO zone:

1. Density standards for residential development.

a. Accident Potential Zones and Noise Zone 3

(DNL 75 and above). Gross density shall

not exceed 1 unit per 3 acres. No

residential development is permitted within

a clear zone.

b. Noise Zone 2b (DNL 70 to 75). Gross

density shall not exceed 1 unit per acre.

c. Noise Zone 2a (DNL 65 to 70). Gross

density shall not exceed 2 units per acre.

2. Clustering requirement. Residential units may

be required to be clustered outside of the

accident potential and/or noise zones if possible.

Staff may modulate building placement standards

to achieve this result.

3. See Table 3.3.40.A (Use Limitations Within the

MCAS-AO Zone).




Table 3.3.40.A: Use Limitations Within the MCAS-AO Zone

Use 1,2 Airport Hazard Zone Airport Noise

Clear APZ-1 APZ-2 Zone 3

Residential

Dwelling: Single-Family Detached Unit N Y 3 Y 3 Y 3

Dwelling: Two-Family Unit (Duplex) N N N N

Dwelling: Multi-Family Unit N N N N

Group Home N N N N

Community Residence (dorms, convents, assisted living, nursing) N N N N

Temporary shelter N N N N

Retail

General Retail, Except for the Following Features:

Single Use Freestanding Building

N

Y

N

Y

N

Y

N

Y

Bar, Tavern, Nightclub N N N N

Restaurant, Café, Coffee Shop N N N N

Offices and Services

Health / Fitness Facility N N N N

Day Care N N N N

Lodging N N N N

Medical Service (Clinics, Offices, Hospitals) N N N N


Community Oriented Facility N N N N

Community Recreation Facility N N N N

Institutional Care Facility N N N N

Meeting Facility or Place of Worship N N N N

Parks and Open Areas N N N N

Recreation and Entertainment Facility: Indoor N N N N

Recreation and Entertainment Facility: Outdoor N N N N

School: Public or Private N N N N

School: Specialized Training or Studio N N N N

School: College or University N N N N

Miscellaneous

Storage of Explosive, Flammable or Toxic Materials in Outdoor,

Above-Ground Storage Tanks, except for Individual Residential

Use, e.g., Heating N N N Y

Petroleum Refining and Related Industries N N N Y

Chemical Manufacturing N N N Y

Manufacturing of Plastic and / or Rubber Products N N N Y

Key

N Use Not Allowed

Y Permitted if Base Zone Allows Use

End Notes 1 A definition of each listed use type is located in Table

4.1.40 (Principal Use Definitions). 2 Uses not listed are permitted if as allowed by the Base

Zone. 3 See Use Limitations in Subsection H.



3.3.50 Historic Preservation Overlay (HPO) Zone Standards

A. Purpose

C. Designation to the Port Royal Historic

Register

B. Applicability

1. The purpose of this article is:

b. To protect, preserve and enhance the

distinctive architectural and cultural heritage

of the town;

c. To promote the educational, cultural,

economic and general welfare of the people

of the town;

d. To foster civic pride;

e. To encourage harmonious, orderly and

efficient growth and development of the

town;

f. To strengthen the local economy;

g. To improve property values; and

h. To support the goals of the town's

comprehensive plan.

2. Reserved

1. This Section is part of the zoning ordinance of

the town, and is enacted pursuant to the S.C.

Code 1976, §§ 6-29-710 and 6-29-870.

2. The provisions of this Section shall apply within

historic districts and to landmarks. Whenever

there is conflict between the regulations of this

Section and those found elsewhere in this Code,

the more restrictive shall apply.

3. Information regarding the establishment,

composition, terms, and responsibilities of the

Historic Preservation Commission are located in

this Division.

1. Initiation of Designations. Initiation of the

proposed designation of landmarks or historic

districts to the Town Historic Register may be

made by any member of the Commission, any

member of Town Council, or a Board or

Commission appointed by Town Council, the

petition of any ten (10) residents of the Town,

or an owner thereof. A request for designation

shall be made on the appropriate application

form provided by the Commission and

submitted to the Commission for review and

public hearing.

2. List of Designated Landmarks or Districts.

The list of designated landmarks and districts in

the Town of Port Royal is maintained by the

Municipal Clerk.

3. Designation Criteria. For a landmark or

district to be designated to the Town Historic

Register, Town Council must conclude that it:

a. Is significant in American, state, or Town

history, architecture, archeology,

engineering, or culture.

b. Has integrity of location, design, setting,

materials, or workmanship that need to be

protected or preserved and meets one or

more of the following criteria:

(1) It is associated with events that have

made a significant contribution to

history;

(2) It is associated with the lives of persons

significant in history;

(3) It has distinctive characteristics of a

type, period, or method of architecture

or construction; represents the work of

a master; possesses high artistic values;

or represents a significant and

distinguishable entity whose

components may lack individual

distinction;

(4) It has yielded or is likely to yield

information important in prehistory or

history;

(5) It is listed on the National Register of

Historic Places; or

(6) Is seventy-five (75) years old or older.

(continued on next page)



Historic Preservation Overlay (HPO) Zone Standards

C. Designation to the Port Royal Historic

Register (Continued)

D. Certificate of Appropriateness

1. Public Notice.

a. The Commission shall give the owners of

properties proposed for designation as a

historic district or as a landmark written

notice of the hearing by the Commission on

the application for such designation by mail

sent to the address for the property listed on

the most current town real property tax

records, unless another address is known by

the commission, no fewer than thirty (30)

days prior to the scheduled date of the

hearing. Such notice shall state the date,

time, place and purpose of the hearing. The

notice shall be considered given when placed

in the U. S. Post Office at Port Royal, South

Carolina with proper postage affixed.

b. In addition, one (1) public notice sign shall be

posted on each street frontage of the subject

property stating the date, time, place, and

purpose of the public hearing. Where more

than one (1) property is proposed for

designation, the number and location of

required public notice signs shall be

determined by the Administrator.

2. Consideration by Town Council. Within

fifteen (15) days after the meeting at which a

designation is considered, the Commission shall

forward its recommendation on the designation

to the town council. The proposed designation

shall not become effective unless approved by

Town Council by adoption of an ordinance to

include a public hearing.

3. Opposition to Designation. Any property

owner may object to the decision by the town

council, to designate his/her property as historic

by filing suit against the town before the courts

of the state.

4. Nominations to the National Register of

Historic Places. The Commission may conduct

first review and evaluation of all proposed

national register nominations within the town,

including any which may have been submitted to

the state historic preservation office (SHPO),

and forward all reviewed nominations to the

SHPO with recommendations for consideration

by the state board of review.

5. Re-filing for Designation. If a request for

designation is denied, the request may not be

filed again for one (1) year from the date of that

denial unless the applicant can demonstrate to

the commission a substantial change in

circumstances relevant to the request.

6. Procedure for Removing Designation. The

procedure followed for removing a designation

shall be the same as that for initial designation.

1. Activities Requiring a Certificate.

a. On Property Not in a Street or Town

Park.

(1) A Certificate of Appropriateness may be

required for alteration, construction,

demolition, or relocation on property

listed on the Town Historic Register

visible from a public street right-of-way

except that any change to a landmark

may require a certificate even if not

visible.

(2) For the purposes of this article, an

activity shall be considered visible even

if hidden by vegetation or a fence. An

alteration requires a certificate even if

the color, texture, and composition of

the material (excluding paint) is not

discernible from a street right-of-way.

(3) The Commission may authorize the

Administrator to approve a certificate

for certain types of work with the

concurrence of the chairman.

(4) Either the chairman or Administrator

require approval by the commission of

any certificate for an activity not

specifically covered.

b. In a Street (including a parkway).

A certificate of appropriateness may be

required for the following:

(1) In a street (including a parkway)

individually designated as a landmark;

widening a street or the improved

surface of a street or paving an unpaved

street; or eliminating the parkway or

providing parking areas thereon.

(2) In a street (including a parkway) within a

historic district or individually designated

as a landmark; alteration, construction,

demolition, or relocation of buildings,

walls, fences, gates, and stone curbs.

c. In a Town Park Individually

Designated as a Landmark. A

Certificate of Appropriateness shall be

required for alteration, construction,

demolition, or relocation of buildings, walls,

fences, and gates.

d. Vegetation. For plant materials or trees

individually designated as landmarks or

required as a condition of approval of a

certificate of appropriateness, a certificate

shall be required for cutting down,

destroying, relocating, or eliminating plant

materials or trees.





D. Certificate of Appropriateness (Continued) E. Application – Certificate of Appropriateness

1. Application for Certificate of

Appropriateness.

a. Applications for Certificates of

Appropriateness are available from the

Zoning Administrator, and completed

applications shall be submitted to the

Administrator. An application for a

Certificate of Appropriateness must be made

by an owner-of-record of the property or by

an agent with written authorization to make

such application.

b. Applications for a Certificate shall be

accompanied by the following unless waived

by the secretary or otherwise specified on

the application form provided by the

commission.

(1) Drawings, including plans and exterior

elevations, drawn to scale, with sufficient

detail to show the exterior architectural

design of the structure.

(2) Specifications or other information

describing proposed materials and textures;

samples of materials may be required by the

commission.

(3) Plot plan or site layout showing all existing

structures and any improvements affecting

appearances such as walls, walks, terraces,

accessory buildings, signs, lights, plantings,

and other elements.

(4) Photographs of the site location, showing

contiguous properties and streetscapes.

(5) All other information requested by the

commission.

c. Applications for a Certificate of Appropriateness

shall pay the standard fee set by the Town

Council, which fee shall be subject to review and

approval by the Commission, to cover the

reasonable administrative costs of processing

such applications.

d. Where a Variance or other approval is required

for a project from the Zoning Board of Appeals,

such approval shall be obtained prior to

consideration of a request for a Certificate of

Appropriateness by the Commission.

2. Activities exempt from

Certificate of Appropriateness.

a. A Certificate of Appropriateness

shall not be required for the

following:

(1) Interior renovations.

(2) Alteration, construction,

demolition, relocation,

or other work on a

property not in a street

or Town park not visible

from a street.

(3) Exterior painting of

previously painted

structures.

(4) Repairs, replacements,

and routine maintenance

that do not constitute

alteration.

(5) Installing, cutting down,

destroying, relocating,

pruning, or eliminating

plant materials or trees

not designated as

landmarks or required

as a condition of a

certificate of

appropriateness.

(6) Any work in a street that

does not involve an activity

listed in Subsection 1.b.

(above) or any work in a

town park that does not

involve an activity listed

in Subsection 1.c. (above).

(7) Any work on objects that

the planning director

determines are not

structures because of

their insignificance.

b. Reserved.

Certificate of Appropriateness

Required

Optional Pre-Application Meeting

Submit Application Materials to Staff

Staff Filing with HPC

Decision by HPC

Certificate of Appropriateness

Issued

Proceed with Building Permit or Applicable

Process

Appeal to

Circuit

Court




F. Review – Certificate of Appropriateness Review – Certificate of Appropriateness (cont.)

(continued)

Such an application shall be considered by the

Administrator as soon as possible but not later

than fifteen (15) days following receipt of a

completed application form accompanied by all

required information and documents. A public

hearing or public notice shall not be required

unless the application is referred to the HPC.

Applications referred to the HPC by the planning

director must be considered within thirty (30)

days following receipt of the completed

application form accompanied by all required

information and documents.

4. Procedures Following Approval. If an application

for a certificate of appropriateness is approved, the

following apply:

a. The decision shall be filed with the secretary and

a certificate of appropriateness issued to the

applicant. Specific conditions upon which the

certificate is issued and with which the applicant

must comply shall be listed on the certificate.

b. If an application is approved by the HPC, the

certificate shall be signed by the chairman, vice

chairman, or presiding member of the HPC; if

approved by the Administrator, he/she shall sign

the certificate and shall notify the HPC of the

decision.

c. A copy of the certificate and the approved

application shall be provided to the building

official and the zoning official who shall

periodically inspect the work and report any

violation of the certificate or this article to the

Administrator.

d. The certificate shall expire two (2) years from

the date of issuance unless the work allowed

there under has been substantially completed or

unless another expiration date is specified by the

HPC or by the Administrator pursuant to

subsection (f)(2).

5. Denial of Application.

a. By the Administrator. If an application is

denied by the Administrator, the Administrator

shall file his/her written decision with the HPC

chairman including the reasons for denial, send a

copy to the applicant by certified mail, and

provide a copy to the building official and the

zoning official and each HPC member.


1. Public Hearing and Public Notice. For any

Certificate of Appropriateness application that it

must consider, the HPC shall conduct a public

hearing not later than thirty (30) days following

receipt of a completed application form

accompanied by all required information and

documents. Public notice of each such public

hearing shall be given at least seven (7) days

prior to the hearing by the posting of a sign by

the town on each street frontage of the subject

property clearly visible to the public stating the

date, time, and place of the public hearing.

2. Notice to Applicants and Owners.

a. The HPC shall give the applicant written

notice of the public hearing on his

application. This notice shall be sent by

certified mail to the address listed on the

application and shall be considered given

when placed in the U. S. Post Office at Port

Royal, South Carolina with proper postage

affixed.

b. If the applicant is not the owner, a copy of

the letter providing notice shall be sent by

certified mail to the owner-of-record. This

notice shall be considered given when placed

in the U.S. Post Office at Port Royal, South

Carolina with proper postage affixed.

c. The notices required by this section shall

state the identity, address, and telephone

number of the applicant and property owner;

the address or location of the subject

property; and the time, place, and purpose of

the hearing.

3. Approval by the Administrator. With the

concurrence of the Chairman, the Administrator

may approve or amend Certificates of

Appropriateness for the following activities on

sites not owned by the Town or may refer them

to the Commission for a decision:

a. Activities expressly authorized by the

Commission.

b. Minor design changes to projects for which a

certificate of appropriateness has been issued

by the HPC or increasing the expiration date

of a certificate of appropriateness for an

additional period not to exceed six (6)

months.

c. Anything not specifically covered by this

article that the Administrator determines is

not so significant as to impair or affect

historic, architectural, or aesthetic character.

(continued above)




F. Review – Certificate of Appropriateness (cont.) Review – Certificate of Appropriateness (cont.)

(continued from previous page)

b. By the HPC. If an application is denied by

the HPC, the following apply:

(1) The HPC shall file its written decision,

which shall include a statement of the

reasons for denial, and shall provide a

copy of the statement to the applicant

and to the building official, the zoning

official, and each HPC member within

fifteen (15) days of the public hearing

thereon.

(2) The HPC in its decision may make

recommendations to the applicant

concerning changes in the proposed

action that may cause it to reconsider

denial. The applicant may submit an

amended application to the secretary

incorporating those recommendations.

Such an amended application shall be

subject to the same procedures as an

initial application but is exempted from

the limitations in subsections (i) and (j).

(3) The applicant may apply under section

22-244 for an exemption.

6. Reconsideration. Upon good cause being

shown by any person aggrieved by a final

decision of the HPC or an application for a

certificate of appropriateness, the HPC may

reconsider its decision. In the event of such

reconsideration, the HPC shall conduct a public

hearing giving the public notice required by

subsection (d). The request for reconsideration

will not be reviewed unless submitted to the

secretary within ten (10) days of the date on

which the written decision is mailed to the

applicant.

(continued above)

(continued)

7. Appeal.

a. From the Administrator. Any property

owner, town official, or other person

aggrieved by and seeking relief from any final

decision of the Administrator on an

application for a certificate of

appropriateness or interpretation of this

article and related provisions may appeal the

decision of the Administrator to the Historic

Preservation Commission by submitting to

the secretary a written request stating the

grounds for the appeal. The appeal request

must be submitted to the secretary within

twenty (20) days of the date on which the

written decision is mailed to the applicant.

The appeal shall meet the public notice

requirements under subsection (d), and it

shall be placed on the next HPC meeting

agenda for which public notice requirements

can be met. An appeal must be decided

within forty-five (45) days of submission of

the written appeal request.

b. From the HPC. Any property owner, town

official, or other person aggrieved by and

seeking relief from any final decision of the

HPC on an application for a certificate of

appropriateness may appeal that decision to

the Circuit Court pursuant to S.C. Code

1976 § 6-29-900, by filing a petition with the

court within thirty (30) days of the filing of

the written decision of the HPC with the

secretary.

8. Review Standards.

a. General. In reviewing applications, the HPC and

the Administrator shall consider the standards

stated in this article for the purpose of

determining whether alterations, construction,

demolitions, or relocations are in harmony with

the prevailing historical, architectural,

archeological, or aesthetic character of the

historic district, a structure in a historic district,

or landmark.





F. Review – Certificate of Appropriateness (cont.) G. Demolition or Relocation


b. Construction and Alteration. In

reviewing an application for construction or

alteration, the HPC and the Administrator

shall consider general design, character and

appropriateness of design, scale of buildings,

texture and materials, relationship of such

elements to similar features of structures in

the immediate area, and the extent to which

the alteration or construction would be

harmonious with the historic district in

which it is located or with the landmark. The

HPC and the Administrator also shall

consider the relevant standards and

guidelines in the most current edition of the

U.S. secretary of the interior's standards for

rehabilitation.

c. Demolition. In reviewing an application for

demolition, the HPC and the planning

director shall consider the historical,

archeological, and aesthetic character of the

structure (or portion thereof) proposed for

demolition. They shall also consider: (1) the

structural integrity (i.e. condition) of the

structure and (2) the integrity of materials,

location, and design of the structure. No

application for demolition shall be approved

solely on the basis of a structure's

deteriorated condition where the

commission determines that the applicant is

primarily responsible for the deteriorated

condition. Finally, the HPC shall consider the

extent to which demolition would, in the

judgment of the HPC, produce a detrimental

effect upon the character of the structure or

property affected or upon the surrounding

properties, or upon the district in which the

structure is located. No application for

demolition of a Landmark shall be approved.

d. Specific Guidelines. The Commission shall

adopt additional guidelines, subject to review

and approval by town council, consistent

with this article for reviewing applications for

a Certificate of Appropriateness.

9. Re-filing of an Application. If an application of

a certificate of appropriateness is denied, the

application may not be considered by the HPC

again for one (1) year unless the applicant can

demonstrate to the HPC a substantial change in

circumstances relevant to the application.

1. Certificate of Appropriateness Required.

a. No structure within a historic district or

landmark shall be demolished or relocated

until he owner thereof has applied for and

received a certificate of appropriateness from

the HPC.

b. The HPC may delay the granting of the

Certificate for a period of up to one hundred

eighty (180) days from the time of the filing

of the application. The HPC may extend this

postponement for another one hundred

eighty (180) days after a public hearing and

finding by the HPC that the structure or

landmark is of historical, architectural, or

archeological importance to the public or

town. Within any period of postponement,

the commission shall endeavor to ascertain

what may be done to preserve the structure

or landmark. Such steps shall include, but are

not limited to, consultation with civic groups,

interested citizens, public interest groups,

and public boards and agencies.

c. After the postponement period has ended

and the commission has been unable to

determine a reasonable alternative to

demolition or relocation, the certificate shall

be granted after a public hearing, with the

notice required by subsection 22-242(d)

being given. However, if the commission

finds that the structure contributes to the

character of the historic district or that the

landmark is of historical, archeological, or

architectural significance or that, for any

other reason, preservation in the public

interest is warranted, the application shall be

denied. In the event of such denial, the

owner may apply for an exception under

section 22-244.





G. Demolition or Relocation (cont.) H. Determination of Economic Hardship


2. Demolition by neglect.

a. Prevention of Demolition by Neglect of

Exterior. No owner or person with an

interest in real property which is designated

a landmark in any part of the town or any

property in an historic district, whether that

property is occupied or not, shall permit the

structure or property to fall into a serious

state of disrepair or to remain in a serious

state of disrepair so as to result in the

deterioration of any exterior architectural

feature which would, in the judgment of the

HPC, produce a detrimental effect upon the

character of the structure or property, or, if

the structure or property is in an historic

district, upon the district. Examples of such

deterioration include:

(1) Deterioration of exterior walls or other

vertical supports;

(2) Deterioration of roofs or other

horizontal members;

(3) Deterioration of exterior chimneys;

(4) Deterioration of crumbling of exterior

stucco or mortar;

(5) Ineffective waterproofing of exterior

walls, roofs or foundations, including

broken windows or doors;

(6) Deterioration of any exterior feature so

as to create a hazardous condition

which could make demolition necessary

for the public safety; or

(7) Deterioration or removal of any unique

exterior architectural feature which

would detract from the original

architectural style.

b. Prevention of Demolition by Neglect of

Interior. No owner or person with an

interest in real property which is designated

a landmark in any part of the town, or any

property in an historic district, whether that

property is occupied or not, shall permit the

interior portions of such structure or

property to fall into a serious state of

disrepair which, in the judgment of the HPC,

produces a detrimental effect upon the

structural integrity of such structure or

property which could make demolition

necessary for the public safety.

1. Submission Requirements. If an application

for a certificate of appropriateness is denied by

the HPC, the applicant may request that the

application be reviewed for economic hardship

pursuant to this section. The commission may

obtain expert testimony and require the

applicant make submissions concerning the

following information before the commission

makes a final determination on the application.

a. Estimate the cost of the proposed

construction, alteration, demolition, or

relocation and an estimate of any additional

cost that would be incurred to comply with

the recommendations or directives of the

commission for changes necessary for

issuance of a certificate.

b. A report from a licensed engineer or

architect with experience in rehabilitation on

the structural soundness of any structures

and their suitability for rehabilitation.

c. Estimated market value of the property

under the following conditions: in its current

condition; after completion of the proposed

construction, alteration, demolition, or

relocation; after any changes recommended

or directed by the commission; and, in the

case of a proposed demolition, or relocation,

after renovation of the existing property for

continued use. The commission may require

that these estimates be prepared by a

qualified expert.

d. In the case of a proposed demolition or

relocation, an estimate from an architect,

developer, real estate consultant, appraiser,

or other real estate professional experienced

in rehabilitation as to the economic feasibility

of continued use, rehabilitation, or reuse of

the existing structure at its current location.

e. Amount paid for the property, the date of

purchase, and the party from whom

purchased, including a description of the

relationship, in any, between the owner-of-

record or applicant and the person from

whom the property was or is to be

purchased, and the terms of financing.

f. If the property is income-producing, the

annual gross income from the property for

the previous two (2) calendar or fiscal years;

itemized operating and maintenance

expenses during the same period; and

depreciation, deduction, and annual cash flow

before and after debt service, if any, during

the same period.





H. Determination of Economic Hardship (cont.) I. Interpretation and Enforcement


g. Any other information requested by the

commission in its discretion to reach a

determination as to whether the property

does yield or may yield a reasonable return

to the owners.

2. Review. The commission shall review all of the

evidence and information required from the

applicant, hold a public hearing, and make a

determination thereon within thirty (30) days

after receipt of all required information of

whether the denial of a certificate of

appropriateness will result in economic hardship

to the owner because he will be deprived of all

reasonable use of the property. If the

commission makes a determination that, in its

discretion, economic hardship has not been

proven by the applicant, the application for a

certificate of appropriateness based upon

economic hardship shall be denied. If the

commission determines, in its discretion, that

economic hardship would occur to the owner,

the commission may issue a certificate of

appropriateness based upon economic hardship

or delay action on the application for a period of

ninety (90) days If at the end of the 90-day

period, the commission finds, after a public

hearing with the notice required by subsection

22-242(d) being given, that without issuance of

the certificate of appropriateness, an economic

hardship would still occur, then the commission

shall issue a certificate of appropriateness based

upon economic hardship.

1. Interpretation. The Administrator shall

interpret the provisions of this article. Any final

interpretation by the planning director may be

appealed pursuant to the procedures at

subsection 22-242(j).

2. Enforcement.

a. The zoning official shall periodically inspect

work in progress under a certificate of

appropriateness.

b. In the event that this article or a certificate

of appropriateness is violated, the HPC,

zoning official, or building official may issue an

order requiring the person or persons

committing the violation to cease and desist

immediately there from. The cease-and-

desist order shall remain in effect until any

certificate of appropriateness required for

the work is approved.

c. A violation of a cease-and-desist order issued

by the HPC or the zoning official or building

official is hereby declared unlawful and shall

be punished as set forth in subsection (c).

3. Violations and Penalties. It shall be unlawful

for any person to violate any provisions of this

article, and any person violating these provisions

shall be guilty of a misdemeanor and, upon

conviction, shall be punished by a fine not

exceeding five hundred dollars ($500.00) per

day. Each day that the violation of any provision

hereof continues shall constitute a separate

offense.

J. Historic Preservation Definitions

1. See Table 3.3.50.A (Historic Preservation

Definitions).

2. Reserved.




Table 3.3.50.A: Historic Preservation Definitions

Term Definition

1. Alteration Any change in the external architectural features of any structure list in the registry or

any interior changes to structures listed in the National Registry, if and only if that

interior feature is specifically included in the national registry.

2. Certificate of

Appropriateness

The document issued by the HPC following the review proscribed that certifies that the

proposed actions by an applicant are found to be acceptable in terms of design criteria

relating to the individual property. A CA will only be required for those activities which

require a building permit or for demolition.

3. Demolition The destruction of a building or structure. Demolition of structures listed in the district requires a certificate of appropriateness and a 180-day waiting period before demolition.

4. Exterior Architectural

Appearance

Architectural character, general composition, and general arrangement of the exterior of

the structure, including the kind, color and texture of the building material, type, and

character of all windows, doors, light fixtures, signs and appurtenant elements, visible

from the street.

5. Hardship Any unreasonable hardship caused by unusual and compelling circumstances.

6. Historic Preservation

Commission

The appointed board that maintains the list of landmarks, oversees the development of

the preservation ordinance, holds hearings and issues certificates of appropriateness.

7. Historic Preservation

District / Landmark

An area along with individual sites designated by the town council upon

recommendations of the town HPC as being worthy of preservation.

8. Port Royal Historic

Landmark Register

A validated listing of all properties/trees/landmarks that meet the criteria set forth in this

article.

9. Restoration The act or process of accurately recovering the form and details of a property which are

significant to its historical, architectural and cultural values.

10. Rehabilitation The act or process of returning a property to a state of utility through repair or

alteration which makes possible and efficient contemporary use while preserving those

features of the property which are significant to historical, architectural and cultural

values.

11. Town Park Any designated "green space" maintained by the town for the benefit of the community.






3.3.60 Manufactured Homes on Individual Lots Overlay (MHO) Zone Standards

A. Purpose Building Form

The purpose of the Manufactured Homes on Individual

Lots Overlay (MHO) Zone is to ensure affordable

housing options for a variety of residents while

promoting quality design principles that maintain the

character and value of the surrounding neighborhood.

1Floor Area of Unit: 800 sq. ft. min. 1Width: 22 ft. min.

Foundations shall allow permanent placement of every

manufactured home that complies with the building code.

B. Applicability 1Exclusive of private frontage, garage, or outbuilding.

The Manufactured Homes on Individual Lots Overlay

(MHO) Zone applies to specific areas of the Town,

delineated on the Official Zoning Map, in which base

zoning currently exists and new manufactured homes

shall be permitted. The Overlay is intended for

individual manufactured homes sited on individual lots,

as opposed to the establishment of a manufactured

home community, which is not permitted in the Town.

Architecture

Table 5.4.40 (Lowcountry Vernacular) depicts the basic

massing and elevation of a manufactured home.

To the maximum extent practicable, manufactured homes

shall be designed as conveyed in the provisions of Division

5.4 (Architectural Standards and Guidelines).

The Administrator shall have the right to adjust or waive

any standard that cannot be met without significantly

disrupting the integrity of the structure.

C. Requirements

To the maximum extent practicable manufactured

homes shall be regulated using the existing provisions of

this ordinance.

Zoning

To the maximum extent practicable, the underlying

zoning district shall determine:

1. Building Type

2. Building Placement

3. Building Form

4. Encroachments and Private Frontage Types

5. Parking

6. Uses

Building Type

Manufactured homes may be reviewed as a Compact

House, Medium House, or Large House Building Type

(see Division 5.1 Building Type Standards).

Building Orientation

The Private Frontage shall front the street or public

thoroughfare and determine the orientation of the

structure (see Division 5.3 Private Frontage Standards).

Generally, the maximum width permitted for the Main

Body of the building (see Division 5.1 Building Type

Standards) will result in the “narrow end” of the

manufactured home fronting the street or public

thoroughfare. Table 5.4.40 (Lowcountry Vernacular)

depicts the massing and elevation of a manufactured

home with a sideyard porch oriented in this manner.

In order to ensure that the private frontage always

addresses the street or public thoroughfare, a structure

that otherwise conforms with all required setbacks may

exceed the maximum width permitted for the “Main

Body” of the building and orient its “wide end” toward

the front of the lot.





Article 4: Specific to Use

Content Page #

Division 4.1: Principal Uses Allowed in Each Zone 4-1

4.1.10 Purpose 4-1




Division 4.2: Conditional Use Regulations 4-15






4.2.60 Infrastructure 4-28


Division 4.3: Accessory Uses and Structures 4-33

4.3.10 Purpose 4-33




4.3.50 Uses Customarily Accessory to Retail and Service Functions, Offices Recreational 4-36

Entertainment Facilities, and Industry

4.3.60 Uses Customarily Accessory to Residential Dwellings and Non-Residential Facilities 4-38

4.3.70 Uses Customarily Accessory to Public Buildings and Public Functions 4-41

Division 4.4: Temporary Uses and Structures 4-43

4.4.10 Purpose 4-43






4.4.70 Real Estate Sales Office and Model Sales Home 4-46

4.4.80 Temporary Storage in a Portable Shipping Container 4-47




Content Article 4: Specific to Use




Division 4.1: Principal Uses Allowed in Each Zone

Section: Page #

4.1.10 Purpose 4-1




4.1.10 Purpose

A. This Division establishes the:

1. Principal Uses permitted in each zoning district;

2. Corresponding Definitions with Examples, Accessory Uses, and Uses Not Included.

3. Additional regulations regarding site planning, development, and operating standards intended to ensure compatibility with neighboring uses and the surrounding community.

B. This Division continues, and expands upon the Town’s commitment to establishing mixed-use neighborhoods comprised of multi-use buildings.


A. Use Permission Defined. The Use Table in Section 4.1.30 affords 1 of 4 types of permission to each use in each zoning district as follows:

1. Permitted Use (P): The use is permitted by right without any additional requirements in this Article. Such uses are subject to all other applicable regulations of this Ordinance.

2. Conditional Use (C): The use is permitted by right, provided that the additional use regulations set forth in Division 4.2 (Conditional Use Regulations) are met, as well as all other applicable regulations of this Ordinance.

Conditional Use Regulations are intended to insure that permitted uses are compatible with neighboring uses and the surrounding community.

3. Special Exception (SE): The use is permitted only when a Special Exception Permit has been approved. Special Exception Permits are required for uses which comply with the Purpose established for the zoning district but which, because of their unique characteristics or potential impacts on neighboring uses and/or the surrounding community, require individual consideration in their location, design, configuration, and/or operation. All applications for Special Exception Permits shall, at a minimum, meet the standards for the district in which they are located, the additional standards set forth in this Article for that use, and all other applicable regulations of this Ordinance.

Approval procedures for Special Exception Permits are found in Division 8.2.50 (Special Exception Permit).

4. Prohibited Uses (—): The use is prohibited in the specified District.

B. Mixed-use development and multi-use buildings are permitted and encouraged using the individual standards for each function.

4.1.20 Principal Uses Allowed in Each Zone


C. Section for Additional Conditions. The second from last column of the Use Table (Section for Additional Conditions) identifies the specific location of the additional regulations that apply to a Conditional Use.

D. By Right Design Criteria. The last column of the Use Table (Additional Design Criteria) identifies the location of additional design standards that frequently apply to a given use.

E. Accessory Uses. Accessory Uses that are regulated by zoning district are listed in the Principal Use Table, including Accessory Dwelling Units and Home Occupations. Other typical accessory uses are established and defined in Division 4.3 Accessory Uses and structures.

F. Interpreting and Assigning the Appropriate Use.

1. Developments with Multiple Principal Uses: When all principal uses of a development fall within one use category, the entire development is assigned to that use category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable category and each use is subject to all applicable regulations for that category.

2. Similar Use Interpretation Criteria: The following considerations shall be used when making similar use interpretations, including the appropriate category for a use not specifically listed in the Principal Use Table or the Examples provided with the Principal Use Definitions:

a. The actual or projected characteristics of the activity in relationship to the stated definition for the Use.

b. The relative amount of site area or floor space and equipment devoted to the activity;

c. Relative amounts of sales from each activity;

d. The customer type for each activity;

e. The relative number of employees in each activity;

f. Hours of operation;

g. Building and site arrangement;

h. Vehicles used with the activity;

i. The relative number of vehicle trips generated by the use; and

j. How the use advertises itself.

Principal Uses Allowed in Each Zone 4.1.30


4.1.30 Principal Use Table

Table 4.1.30. Principal Use Table

Specific Use T1

NP

T3

Edge

T3

SN

T3

N

T4

NC

T4

NC-O

T4

UC

T5

MS

Section For Additional

Conditions

Additional Design

Criteria

AGRICULTURE

1. Agriculture & Crop

Harvesting - P P P P P P P


Harvesting: >1 acre - - P - - - - -

3. Forestry P P P P P P P P

RESIDENTIAL

1. Dwelling:

Single-Family Detached

Unit

- P P P P P P P

2. Dwelling:

Two-Family Unit - - P P P P P P

3. Dwelling: Multi-Family

Unit - - - P P P P P (Multi-bldg)

2.2.100

4. Accessory Dwelling

Unit (ADU) - C C C C C C C 4.2.10.A

5. Home Occupation C C C C C C C 4.2.10.B

6. Group Home - P P P P P P P

7. Community Residence - P - - - P P P (Multi-bldg) 2.2.100

8. Temporary Shelter - - - - P P P P

OFFICES & SERVICES

1. General Offices &

Services - - E C P P P P


Services with a Drive

Through Facility

- - - - C C C C 4.2.20.B 4.2.70

3. Animal Services:

Clinics & Hospitals - - - - P P P P

4. Body Branding,

Piercing & Tattoo

Facilities

- - - - - C C C 4.2.20.C

5. Day Care:

Minor (12 or fewer

patrons)

- C C C C C C C 4.2.20.D

6. Day Care:

Major (> 12 patrons) - - - - C C C C 4.2.20.D

Specific Use T1

NP

T3

Edge

T3

SN

T3

N

T4

NC

T4

NC-O

T4

UC

T5

MS


Conditions

Additional Design

Criteria

(P) = Permitted By Right (C) = Conditional Use (E) = Exceptional Use (--) = Prohibited Use



Specific Use T1

NP

T3

Edge

T3

SN

T3

N

T4

NC

T4

NC-O

T4

UC

T5

MS


Conditions

Additional Design

Criteria

OFFICES & SERVICES (continued)

7. Lodging:

Short Term Rental

- P P P P P P P

8. Lodging:

Bed & Breakfast

- P P P P P P P

9. Lodging: Inn - - - - P P P P

10. Lodging: Hotel - - - - - P P P

11. Medical Services:

Clinics & Offices - - - - P P P P


Hospital - - - - - P P P (>35,000sf)

5.2.50

13. Personal Storage

Facility - - - - - C - - 4.2.20.E

14. Vehicle Services:

Minor Maintenance &

Repair

- - - - P P P -


Major Maintenance &

Repair

- - - - C C C - 4.2.20.F

RETAIL & RESTAURANTS

1. General Retail - - - - P P P P (>35,000sf) 5.2.50

2. Restaurant, Café,

Coffee Shop - - - - P P P P

3. General Retail or

Restaurant with a

Drive Through Facility

- - - - C C C C 4.2.30.A 4.2.70

4. Bar, Tavern, Nightclub - - - - - P P P

5. Gas Station or

Fuel Sales - - - - - P - - 5.2.40

6. Open Air Retail - - - - - E E - 4.2.30.B

7. Vehicle Sales & Rental:

Alternative and Low

Impact

- - - - C C C C 4.2.30.C


Automobiles, Light

Trucks, Boats

- - - - - C C - 4.2.20.D (>35,000sf) 5.2.50

RECREATION, EDUCATION, SAFETY, PUBLIC ASSEMBLY

1. Community Oriented

Facility - - - - - - P P 5.2.30

2. Community

Recreation Facility - - - - - P P P 5.2.30

3. Community Safety

Facility - - - - P P P P 5.2.30

Specific Use T1

NP

T3

Edge

T3

SN

T3

N

T4

NC

T4

NC-O

T4

UC

T5

MS

Section For Additional Conditions

Additional Design Criteria




Specific Use T1

NP

T3

Edge

T3

SN

T3

N

T4

NC

T4

NC-O

T4

UC

T5

MS


Conditions

Additional Design

Criteria

RECREATION, EDUCATION, SAFETY, PUBLIC ASSEMBLY (continued)

4. Institutional Care

Facility - - - - - P P -

5. Marine Oriented

Facility - P P P P P P P (Multi-bldg)

2.2.100

6. Meeting Facility or

Place of Worship:

< 5,000 SF

- P P P P P P P 5.2.30


Place of Worship:

5,000 SF - 10,000 SF

- - - - P P P P 5.2.30


Place of Worship:

> 10,000 SF

- - - - - P P P 5.2.30

9. Parks & Open Areas P P P P P P P P 2.4

10. Recreation &

Entertainment Facility:

Indoor

- - - - P P P P (>35,000sf) 5.2.50

11. Recreation &


Outdoor

- - - - - C - - 4.2.40.A (Multi-bldg) 2.2.100

12. School:

Public or Private

- - P P P P P P 5.2.30

13. School:

Specialized Training

or Studio

- - - - P P P P

14. School:

College or University - - - - P P P P 5.2.30

(Multi-bldg) 2.2.100

TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE

1. Infrastructure &

Utilities: Minor C C C C C C C C 4.2.50.A

2. Infrastructure &

Utilities: Major E - - - - E - - 4.2.50.A

3. Parking Facility:

Public or Commercial

- - - - C C C C 4.2.50.B (Garage)

5.2.50 4. Transportation

Terminal - - - - - P P P 5.2.30

(>35,000sf) 5.2.50

5. Waste Management

Facility:

Community Collection

& Recycling

-

-

-

-

-

-

-

-

6. Wireless

Communications

Facility

- - - - - - - -

Specific Use T1

NP

T3

Edge

T3

SN

T3

N

T4

NC

T4

NC-O

T4

UC

T5

MS


Conditions

Additional Design

Criteria




Specific Use T1

NP

T3

Edge

T3

SN

T3

N

T4

NC

T4

NC-O

T4

UC

T5

MS


Conditions

Additional Design

Criteria

INDUSTRIAL

1. Manufacturing,

Processing, & Packaging:

Light (15,000 SF or less)

- - - - E C C E 4.2.60.A

2. Warehousing &

Distribution - - - - C C - - 4.2.60.B

Specific Use T1

NP

T3

Edge

T3

SN

T3

N

T4

NC

T4

NC-O

T4

UC

T5

MS

Section For

Additional Conditions

Additional

Design Criteria

P) = Permitted By Right (C) = Conditional Use (E) = Exceptional Use (--) = Prohibited Use



4.1.40 Principal Use Definitions

Table 4.1.40 Principal Use Definitions

AGRICULTURE

This category is intended to encompass uses related to the production, management, and harvesting of crops and forest

resources. Does Not Include: medium to large scale animal raising, breeding, keeping or production for sale or consumption.

Specific Use Definition


Harvesting

A nursery, orchard, or farm primarily engaged in the growth and harvesting of fruits, nuts,

vegetables, plants, or sod. Accessory Uses: the premises may include agricultural accessory

structures, plant nurseries, and secondary retail or wholesale sales. Does Not Include: plant nursery

as a primary use (see “General Retail”). 2. Agriculture & Crop

Harvesting: > 1Acre

3. Forestry Perpetual management, harvesting, replanting, and enhancement of forest resources for ultimate

sale or use of wood products, subject to S.C. Forestry Commission BMPs. No harvesting shall

occur within 20 feet of the property line of an adjoining property devoted to a residential use, nor

shall any site plan be approved within 2 years of the clear cutting of timber. Examples include, but

are not limited to: tree farms.

RESIDENTIAL

This category is intended to encompass Household Living, in which one or more individuals or family members occupy a

residential dwelling unit; as well as Group Living, in which a larger group of unrelated individuals or families occupy and share a

residential structure. Accessory Dwelling Units and Home Occupations are accessory uses that are subject to additional

regulations as set forth in Division 4.2. (Conditional Use Regulations).


1. Dwelling:

Single-Family Detached

Unit

A structure containing one dwelling unit on a single lot. Examples include, but are not limited to:

single-family homes, manufactured homes, etc.

2. Dwelling:

Two-Family Unit

A structure containing two dwelling units on a single lot. Examples include, but are not limited to:

duplexes.

3. Dwelling:

Multi-Family Unit

A structure containing three or more dwelling units on a single lot. Examples include, but are not

limited to: triplexes, condominiums, townhouses, apartments, etc. Accessory Uses may include a club

house, mail room / outbuilding, pool, recreational facilities, etc.

4. Accessory Dwelling Unit

(ADU)

An auxiliary dwelling unit located on the same lot as the Principal Building that may be attached by

a backbuilding or contained within a stand-alone outbuilding. Each ADU shall provide one

additional on-site, off-street parking space. Examples include, but are not limited to: a dwelling unit in

a guest house, carriage house, pool house, and above or beside a garage.

5. Home Occupation A principal or accessory dwelling unit that contains a space devoted to a non-retail business

activity belonging to the resident thereof and allowing up to 2 outside employees. Business related

activity shall not alter the exterior of the property or affect the residential character of the

community, and meet the legal requirements of the business.

6. Dwelling:

Group Home

Residential facility for 9 or fewer mentally or physically handicapped persons providing care on a

24-hour basis and licensed by a state agency or department, or is under contract with a state

agency or department, for that purpose.

7. Community Residence

a. Dormitory:

A building, or portion thereof, which contains living quarters for five or more students, staff, or

members of a college, university, primary or secondary boarding school, theological school, or

comparable organization, provided that such building is either owned or managed by such

organization, or is under contract with such organization for that purpose.

b. Convent or Monastery:

The living quarters or dwelling units for a religious order or for the congregation of persons

under religious vows.

c. Group Home:

A state-licensed residential facility for more than 9 mentally or physically handicapped persons

providing care on a 24-hour basis.



RESIDENTIAL (continued)

This category is intended to encompass Household Living, in which one or more individuals or family members occupy a

residential dwelling unit; as well as Group Living, in which a larger group of unrelated individuals or families occupy and share a

residential structure. Accessory Dwelling Units and Home Occupations are accessory uses that are subject to additional

regulations as set forth in Division 4.2. (Conditional Use Regulations).


7. Community Residence

d. Assisted Living Facility:

A group living facility for those requesting limited assistance with daily activities, but not in

need extensive, hands-on care. Residents continue to maintain an independent lifestyle in a

residential home-like setting (residents have private units with a minimum of a bedroom, bath

and kitchenette). Generally, residents can get help with daily living activities such as

housekeeping, dressing, and bathing. Assisted living facilities may include an accessory skilled

nursing component. Amenities will vary by facility. Some assisted living facilities may be part of a

larger Continuing Care Retirement Community.

e. Nursing Home:

A group living facility other than a hospital that provides 24-hour care for patients who require

constant supervision and “health-oriented” care. Patients generally rely on assistance for most

or all daily living activities (such as bathing, dressing and toileting). Nursing home services may

include meals, skilled nursing care, rehabilitation, medical services, personal care, and

recreation. Nursing homes may be stand alone facilities or they may be part of a Continuing

Care Retirement Community.

Accessory Uses may include a caretaker’s quarters, a community center / club house, dining facilities,

health facilities, mail room / outbuilding, maintenance facilities, pool, recreational facilities, etc.

8. Temporary Shelter A supervised publicly or privately operated shelter and services designed to provide temporary

living accommodations to individuals or families who lack a fixed, regular and adequate residence.

Does Not Include: residential substance abuse facilities or halfway houses (see “Community Care

Facility”).

OFFICES AND SERVICES

This category is intended to encompass uses that are primarily oriented towards business, financial, government, professional,

medical, or lodging services.



Services

a. Bank / Financial Services:

Financial institutions. Examples include, but are not limited to: banks, credit agencies, investment

companies, security and commodity exchanges, ATM facilities.

b. Office: Business, Professional, and Administrative Services.

An office that provides professional services, or is engaged in the production of intellectual

property that may or may not require occasional “on-premise” interactions with clients,

customers, or patrons. Examples include, but are not limited to: accountants, architects, carpet

cleaners, contractors’ offices without exterior storage, copying and printing, counseling and

psychologists, data processing centers, financial management and counseling, research facilities,

engineers, exterminators, insurance agent offices, landscaping and tree removal companies, real

estate offices, etc. Accessory Uses may include cafeterias, child care, health facilities, parking for

vehicles less than 1.5 tons, or other amenities primarily for the use of employees in the firm or

building. Does Not Include: Contractor’s office with exterior storage (see: Warehousing and

Distribution).

c. Personal Services:

A business providing professional services and products directly to an individual. Examples

include, but are not limited to: barber and beauty shops, clothing rental, dry cleaners, electronics

and appliance repair, employment agencies, framing, funeral homes, laundromats, locksmiths,

mailing and mailbox services, massage therapy, pet grooming with no boarding, shoe repair

shops, tailors, travel agencies, tanning salons, etc. Does Not Include: Laundry and dry-cleaning

plants (see “Manufacturing, Processing, and Packaging: Light – 15,000 SF or less).



OFFICES AND SERVICES (continued)





Services with a Drive

Through

Facilities where services may be obtained by motorists without leaving their vehicles. In T4NC

facilities shall be limited to lots or new developments that front a Collector or Arterial

thoroughfare. Examples include, but are not limited to: bank teller windows, drive-up ATMs, dry

cleaners, etc.

3. Animal Services:

Clinics & Hospitals

A completely enclosed structure in which animals are treated by a veterinarian and any associated

noise is not perceptible beyond the premises. Accessory Uses may include boarding, grooming, and

incidental retail sales. An incinerator may be included as an accessory use if it is approved as a

special exception, see Section 8.2.50 (Special Exception Permit). Does Not Include “Kennels” which

are primarily engaged in day care, boarding, training, and the outdoor breeding of animals for sale.

4. Body branding, piercing

and tattoo facilities

An establishment whose principal business is one or more of the following: any invasive procedure

in which a permanent mark is burned into or onto the skin using either temperature, mechanical

or chemical means; creation of an opening in the body for the purpose of inserting jewelry or

other decorations (not including ear piercing); and/or placing designs, letters, figures, symbols or

other marks upon or under the skin of any person using ink or other permanent coloration.

5. Day Care:

Minor (12 or less patrons)

A state-licensed facility that provides non-medical care and supervision for adults or children,

typically for periods of less than 24 hours per day for any client. Examples include, but are not

limited to: nursery schools, preschools, after-school care facilities, daycare centers, etc. 6. Day Care:

Major (> 12 patrons)

7. Lodging:

Short Term Rental

The use of a Single Family Home or Accessory Dwelling Unit (ADU) for lodging purposes in which

the dwelling meets all applicable building and safety codes, and occupants reside for no more than

29 consecutive nights. One additional off-street parking space may be required per dwelling if the

Administrator believes parking demand will exceed that which is already required for the dwelling.

The use shall not have signage, nor shall it generate noise, light, traffic or other conditions

detrimental to neighboring residents.

8. Lodging:

Bed & Breakfast (B&B)

The use of a single-family residence for commercial lodging of overnight guests in which a

maximum of 5 guest rooms are provided in either the principal or accessory dwelling. Meals may

be prepared on site for guests only. Each property shall provide one space per rentable room. The

owner or manager shall reside on the property as his/her primary place of residence.

9. Lodging: Inn A building or group of buildings used as a commercial lodging establishment having up to 24 guest

rooms providing lodging accommodations to the general public. Accessory uses may include pools

and other recreational facilities, limited storage, and offices.

10. Lodging: Hotel A lodging establishment of 25 or more rooms in a building or group of buildings offering transient

lodging accommodations on a daily rate to the general public. Accessory uses may include pools and

other recreational facilities, limited storage, and offices.


Offices & Clinics

1. Medical Office:

A facility other than a hospital where medical, dental, mental health, surgical, and/or other

personal health care services are provided on an outpatient basis, and that accommodates no

more than 4 licensed primary practitioners (for example, chiropractors, medical doctors,

psychiatrists, etc., other than nursing staff) within an individual office suite. Does Not Include:

facilities with 5 or more licensed practitioners (see “Medical Services – Clinic”); and counseling

services by other than medical doctors or psychiatrists (see “General Offices & Services”).

2. Clinic:

A facility other than a hospital where medical, mental health, surgical and other personal health

services are provided on an outpatient basis. Examples include, but are not limited to: Medical

offices with five or more licensed practitioners and/or medical specialties, outpatient care

facilities, urgent care facilities, other allied health services, etc. Accessory Uses may include

incidental medical laboratories and / or pharmacies on site. Does Not Include: counseling

services by other than medical doctors or psychiatrists (see “General Offices & Services”). 12. Medical Services:

Hospital

An institution licensed by the State, where people, including inpatients, receive medical, surgical, or

psychiatric treatment and nursing care. Accessory Uses may include out-patient clinics, offices,

meeting areas, cafeterias, laundries, maintenance facilities and housing for staff or trainees.



OFFICES AND SERVICES (continued)




13. Personal Storage Facility Fully enclosed structures that contain individual, compartmentalized stalls or lockers for rent or

lease to the general public as individual storage spaces for household goods, vehicles, and boats.

Outside storage is not permitted. Accessory Uses may include a leasing office, and retail or wholesale

sales and rental related to storage (e.g. boxes, locks, tape, protective material, etc.).Truck and trailer

rental is not considered accessory to a Personal Storage Facility (see Vehicle Sales and Rental).


Minor Maintenance

& Repair

Incidental minor repairs and service to passenger cars and light trucks in which the customer

typically waits for the service on-site. Openings to repair bays and wash bays shall not face a

primary or secondary street ROW. Vehicles are generally not stored on the premises overnight

and there is no outside storage of materials. Such Facilities shall be limited to lots or new

developments that front a Collector or Arterial thoroughfare, exclusive of East and West Paris

Avenue. Examples include, but are not limited to: quick service oil, tune-ups, tires, brake and muffler

shops, etc. Does Not Include: car washes / detailing, tire service, or operations defined as (“Vehicle

Services - Major Maintenance and Repair”).


Major Maintenance

& Repair

A facility providing for the general repair, rebuilding, or reconditioning of boats and / or motor

vehicles. Such Facilities shall be limited to lots or new developments that front a Collector or

Arterial thoroughfare, exclusive of East and West Paris Avenue. Examples include, but are not limited

to: car wash / detailing, collision service including body or frame straightening or repair, tire

service, vehicle alignment shop, vehicle paint shop, vehicle transmission or muffler shop, vehicle

upholstery shop, wrecker service, etc.

RETAIL AND RESTAURANTS

This category is intended to encompass uses that are primarily oriented towards the sale and lease of goods directly to a

consumer, including facilities that engage in the preparation and sale of food and beverages.


1. General Retail

Stores and shops that sell and/or rent goods and merchandise to the general public, including the

sale of materials produced on the premises. Examples include, but are not limited to: art galleries; auto

parts; books and magazines; clothing, shoes, and accessories; drug stores and pharmacies; dry

goods; electronics; fabrics and sewing supplies; furniture and appliance stores; jewelry; markets and

grocery stores; movie theaters; plant nurseries with goods and inventory located behind the required

parking setback; specialty shops (luggage, sporting goods, stationary, toys, etc.); variety stores; etc. Does

Not Include: lumber yards and other building material businesses that sell primarily to contractors

and do not have a retail orientation (see “Manufacturing, Processing, and Packaging: Light – 15,000

SF or Less”); (“Open Air Retail”); (“Vehicle Sales and Rental”); (“Gas Stations/Fuel Sales”); or

businesses primarily engaged in the sale of adult-oriented merchandise and goods.

2. Restaurant, Café, Coffee

Shop

A retail business selling ready-to-eat food and/or beverages for on- or off-premise consumption.

These include eating establishments where customers are served from a walk-up ordering counter

for either on- or off-premise consumption (“counter service”); and establishments where

customers are served food at their tables for on-premise consumption (“table service”), that may

also provide food for take-out, but does not include drive-through services, which are separately

defined and regulated. This use includes all mobile kitchens. Facilities in T4NC that front a

thoroughfare other than a Collector or Arterial shall limit their hours of operation to 7 am. to 10

pm. Accessory Uses may include outdoor seating areas and outdoor entertainment.

3. General Retail or

Restaurant with a Drive

Through Facility

Shops and restaurants where products may be purchased by motorists without leaving their vehicle.

In T4NC facilities shall be limited to lots or new developments that front a Collector or Arterial

thoroughfare. Examples include, but are not limited to: pharmacies, fast-food restaurants, etc.

4. Bar, Tavern, Nightclub a. Bar, Tavern.

A business where alcoholic beverages are sold for on-site consumption that is not part of a

larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food

service is subordinate to the sale of alcoholic beverages. Accessory Uses may include beer

brewing as part of a micro brewery (“brew-pub”), and other beverage tasting facilities.

b. Night Club.

A facility serving alcoholic beverages for on-site consumption, and providing entertainment,

examples of which include live music and/or dancing, comedy, etc. Does Not Include: adult-

oriented businesses or entertainment.



RETAIL AND RESTAURANTS (continued)

This category is intended to encompass uses that are primarily oriented towards the sale and lease of goods directly to a

consumer, including facilities that engage in the preparation and sale of food and beverages.


5. Gas Station or Fuel Sales An establishment where petroleum products are dispensed for retail sale. Accessory Uses may include

a retail convenience store and / or a single bay carwash. Does Not Include: towing, vehicle body or

engine repair (see “Vehicle Services”); or overnight vehicle storage.

6. Open Air Retail A retail sales establishment operated substantially in the open air. Examples include, but are not

limited to: beach recreation rental, flea markets, monument sales, permanent roadside stands, trading posts, etc. Does not include: ("Vehicle Sales and Rental"); plant nurseries (see “General Retail”); or

temporary roadside stands and farmers markets (see “Temporary Uses”).


Alternative and Low

Impact

A retail store in which “alternative” low impact motorized vehicles are displayed, sold, and rented

from an indoor “showroom”. These include all-terrain vehicles (ATV’s), dirt-bikes, golf carts, jet

skies, motorcycles, scooters, segways, and similar “on” and “off” road vehicles. Outdoor display is

permitted (see conditions). Facilities in T4NC shall be limited to lots or new developments that

front a Collector or Arterial thoroughfare. Accessory Uses may include repair shops and the sales of

parts and accessories incidental to business. Does Not Include: the sale of auto parts/accessories

separate from a vehicle dealership (see “General Retail”); vehicle services separate from a vehicle

dealership (see “Vehicle Services: Maintenance and repair”); or (“Vehicle Sales and Rental:

automobiles, light trucks, and boats).


Automobiles, Light

Trucks, Boats

A retail or wholesale establishment in which automobiles, light trucks (less than 2-ton load

capacity), vans, trailers, boats, and/or similar motorized or non-motorized vehicles are displayed,

sold, and rented from an indoor “showroom.” Outdoor display is permitted (see conditions). Such

Facilities shall be limited to lots or new developments that front a Collector or Arterial

thoroughfare, exclusive of East and West Paris Avenue. Accessory Uses may include repair shops

and the sales of parts and accessories incidental to vehicle dealerships. Does Not Include: the sale of

auto parts/accessories separate from a vehicle dealership (see “General Retail”); vehicle services

separate from a vehicle dealership (see “Vehicle Services: Maintenance and repair”); or (“Vehicle

Sales and Rental: Alternative and Low Impact”).

RECREATION, EDUCATION, SAFETY, PUBLIC ASSEMBLY

This category is intended to encompass uses of a public, nonprofit, or charitable nature that serve a recreational, educational,

safety, or social function, and benefit the people of the community.


1. Community Oriented

Facility

Public / quasi-public, or non-profit civic facilities that offer services, educational, or cultural

experiences to the general public and to the benefit of the community. Examples include, but are not

limited to: chambers of commerce, civic and community centers with multiple functions, court

houses, government administrative offices, libraries, post offices, museums, theaters predominantly

used for live performances, town hall, visitors’ centers, etc. Accessory Uses may include gift shops,

book stores, restaurants, etc. Does Not Include: outdoor gathering places such as beaches, botanical

gardens, historic sites, and nature preserves (see “Parks and Open Areas); meeting halls, religious

facilities, and limited use community centers (see “Community Oriented Facility: Meeting Hall /

Place of Worship); and public safety facilities (see “Community Oriented Facility: Public Safety”).

2. Community Recreation

Facility

A community recreation center that may include one or more of the following: gymnasium;

indoor / outdoor swimming pool; indoor / outdoor tennis, racquetball or handball courts, and

other indoor / outdoor sports activities. This use includes all not-for-profit organizations chartered

to provide community-based recreation services. Examples include, but are not limited to: County

operated pools, municipal tennis facilities, YMCAs, etc. Does Not Include: commercial health /

fitness facilities (see “General Offices and Services”).

3. Community Safety

Facility

A safety facility operated by a public agency for the benefit of the community. Examples include,

but are not limited to: Fire stations, other fire preventive and fire fighting facilities, police and

sheriff headquarters and substations, including interim holding facilities. May include ambulance

dispatch on the same site. Does Not Include “Detention Facilities.”







4. Institutional Care Facility State licensed facilities that provide living, sleeping, and sanitation accommodations in coordination

with the provision of social, rehabilitative and/or medical services in a protective living environment

for persons residing voluntarily, by court placement, or under protective control of the government.

Examples include, but are not limited to: post-correctional facilities, residential substance abuse

treatment facilities, and residential treatment facilities for the mentally ill. Accessory Uses may include

a caretaker’s quarters, a club house, dining facilities, maintenance facilities, health facilities,

recreational facilities, etc. Does Not Include: licensed nursing homes (see “Community Residence”).

5. Marine Oriented Facility A not-for-profit or for-profit marina for on-water storage, servicing, fueling, berthing, securing,

loading and unloading of boats; recreational fishing; and other marine related activities that occupy

and / or operate from a building. Such facilities may contain accessory Water-Oriented Facilities

such as landings, docks, boat houses, etc. (see Sub-section 4.3.30.A.1). All such facilities shall be

allowed to infringe upon required setback areas along shorelines for waterways. Examples

include, but are not limited to: charter fishing, sightseeing tours, boat and watercraft rentals, as

well as marine-related retail (bait and tackle, supplies, etc.) and services (fuel sales, pump-out

facilities, and minor boat repairs). Does Not Include: Surface or Dry stack storage of boats (see

“Personal Storage Facility”).


Place of Worship:

< 5000 SF

A facility for public or private meetings or worship. Examples include, but are not limited to: meeting

halls for clubs and other membership organizations, religious facilities (churches, mosques,

synagogues, etc.), single use community centers (primarily meeting space), etc. Accessory Uses for

Meeting Facility / Place of Worship may include kitchens, multi-purpose rooms, and offices. Accessory

Uses Specific to Places of Worship may include not-for-profit cemeteries; parsonage, pastorium, or

parish house; day care centers; elementary, middle, and high schools; and on-site social programs

such as health care clinics, food banks, etc.


Place of Worship:

5000 SF – 10,000 SF


Place of Worship:

>10,000 SF

9. Parks & Open Areas

An outdoor civic space that provides opportunities for both passive and active assembly, recreation,

sport, and ecotourism. Examples include, but are not limited to: conventional parks, greens, squares,

plazas, and playgrounds; as well as less traditional civic spaces such as arboretums, beaches,

botanical gardens, historic sites, nature preserves, trails, etc. Accessory Uses may include

concessions, maintenance facilities, police substations, recreation facilities, etc. 10. Recreation &


Indoor

An establishment providing indoor amusement and entertainment services, often for a fee or

admission charge. Examples include, but are not limited to: bowling alleys, coin-operated amusement

arcades (video games, pinball, etc.), indoor ice skating and roller skating rinks, movie theaters, pool

and billiard rooms as primary uses, etc. Accessory Uses may include bars, restaurants, and minor

retail, etc. Facilities in T4NC shall be limited to lots or new developments that front a Collector or

Arterial thoroughfare. Does Not Include: businesses providing adult-oriented entertainment.

Notes: Any establishment with four or more electronic games or amusement devices (e.g., pool or

billiard tables, pinball machines, etc.) or a premise where 50 percent or more of the floor area is

occupied by electronic games or amusement devices is considered an indoor recreation facility; 3

or fewer machines or devices are not considered a use separate from the primary use of the site.

11. Recreation &


Outdoor

A facility for outdoor recreational activities where a fee is often charged for use. Examples include,

but are not limited to: amusement and theme parks, go-cart tracks, golf driving ranges, miniature golf

courses, watercraft rentals, and water parks. Accessory Uses may include bars, concession stands,

offices and maintenance facilities, restaurants, small-scale retail, spectator seating, video game

arcades, etc. Does Not Include: golf courses.

12. School:

Public or Private

A public or private academic institution that provides the state-mandated educational curriculum.

Examples include: elementary schools (kindergarten through 6th grade), middle and junior high

schools (7th and 8th grades), secondary and high schools (9th through 12th grades), and facilities

that provide any combination of those levels. This use also includes schools that provide room and

board. Accessory Uses may include auditoriums, before or after school child care, cafeterias,

recreational and sports facilities, and temporary classroom buildings.







13. School:

Specialized Training or

Studio

Small-scale facilities that provide educational and vocational instruction, training, and tutoring in

limited subjects to individuals or groups. Examples include, but are not limited to: the arts; dance;

photography; martial arts training; gymnastics instruction; production studios for individual

musicians, painters, sculptors, photographers, and other artists; business and vocational schools;

driver education schools; etc.

14. School:

College or University

A facility for post-secondary education that grants associates, bachelors, masters, or doctoral

degrees, and may include research functions. Examples include, but are not limited to: professional

schools (law, medicine, etc.) and technical colleges in a campus-like settings, as well as extension

facilities. Accessory Uses may include food service; health facilities, maintenance facilities, recreation

and sports facilities, theaters, etc.

TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE

This category encompasses land uses that provide the underlying infrastructure, utilities, and systems that allow a community to

urbanize and function.


1. Infrastructure & Utilities:

Minor

Utility facilities that need to be located in or near the area where the service is provided. Examples

include, but are not limited to: underground public utility lines, water and sewage pump stations, soil

and water conservation, stormwater retention and detention facilities, and telephone exchanges.

Does Not Include: administrative offices for a utility (see “General Offices & Services”).

2. Infrastructure & Utilities:

Major

Utility facilities that provide regional service. Examples include, but are not limited to: above-ground

public utility lines, public utility substations, water towers, waste and water treatment plants, and

electrical substations. Does Not Include: administrative offices (see “General Offices & Services”).

3. Parking Facility:

Public or Commercial

A public or commercial parking lot or structure providing parking either for free or for a fee. Does

Not Include: towing impound and storage facilities (see “Vehicle Services: Major Maintenance and

Repair).

4. Transportation Terminal

Facilities for the embarkation and departure of transit. Examples include, but are not limited to: bus

transit stations, rail transit stations, water taxi stations, and ferry terminals. Does Not Include:

airports or related services, and private helicopter landing facilities that are accessory to another

use (e.g. hospital, government facility).

5. Waste Management

Facility:

Community Collection

& Recycling

A state licensed facility (land and / or building) used for the purpose of collecting residential waste

and recyclables that are generated "off site" in the local community. Such materials may be used to

produce goods or energy; donated or sold; or transported to a larger waste recycling, transfer or

disposal/recovery facility.

6. Wireless

Communications Facility

Public, commercial and private electromagnetic and photoelectric transmission, broadcast,

repeater and receiving stations for radio, television, telephone, data network, and wireless

communications, including commercial earth stations for satellite-based communications. Includes

antennas, commercial satellite dish antennas, and equipment buildings. Does Not Include: telephone,

telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections

(see “Infrastructure & Utilities”).

INDUSTRIAL

This category encompasses uses that serve the manufacturing, processing, packaging, warehousing, and distribution needs of the

community.


1. Manufacturing, Processing,

& Packaging:

Light (15,000 SF or less)

A facility primarily engaged in low intensity manufacturing, processing, assembly, and packaging of

goods in which the operational characteristics of the production process, and materials used, are

unlikely to cause significant impacts on the surrounding community. Natural, man-made, raw,

secondary, or partially completed materials may be used. Products may be finished or semi-

finished and are generally made for the wholesale market, for transfer to other plants, or to order

for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a

subordinate part of sales. Examples include, but are not limited to: artisan / craft product

manufacturing; clothing and fabric product manufacturing; furniture and fixtures manufacturing,

cabinet shop, media production, photo/film processing lab not accessory to a retail business,

printing & publishing, food preparation and packaging, winery, micro-brewery.



INDUSTRIAL (continued)

This category encompasses uses that serve the manufacturing, processing, packaging, warehousing, and distribution needs of the

community.


2. Warehousing &

Distribution

A facility primarily used for the receipt, short-term storage, and re-distribution of goods. Goods

may be stored long-term, or they may be delivered to other firms or a consumer. Outdoor storage,

on-site pick-up, and retail/wholesale sales are permitted, but shall clearly be subordinate to other

activity. Such Facilities shall be limited to lots or new developments that front a Collector or

Arterial thoroughfare, exclusive of East and West Paris Avenue. Examples include, but are not limited

to: separate warehouses used by retail stores such as storage of materials and equipment; truck

terminal; furniture and appliance stores; household moving and general freight storage; cold storage

plants, including frozen food lockers; contractor’s office with outdoor storage; parcel services; and

the stockpiling of gravel or other aggregate materials. Accessory Uses may include truck fleet parking

and maintenance areas. Does Not Include: on-site production, assembly, or packaging of goods (see

“Manufacturing, Processing, and Packaging: Light – 15,000 SF or less ").


Division 4.2: Conditional Use Regulations

Section: Page #


A. Accessory Dwelling Unit 4-15

B. Home Occupation 4-16


A. General Offices and Services 4-18

B. General Offices and Services with a Drive Through 4-18

C. Body Piercing, Branding, and Tattoo Facilities 4-19 D. Day Care 4-19

E. Personal Storage Facility 4-20

F. Vehicle Services: Maintenance and Repair (Minor and Major) 4-21


A. General Retail or Restaurant with a Drive Through 4-23

B. Open Air Retail 4-24

C. Vehicle Sales and Rental: Alternative and Low Impact 4-24

D. Vehicle Sales and Rental: Automobiles, Light Trucks, Boats 4-25


A. Recreation and Entertainment Facility: Outdoor 4-26


A. Infrastructure and Utilities: Minor and Major 4-26

B. Parking Facility: Public or Commercial 4-27

4.2.60 Industrial 4-28

A. Manufacturing, Processing, and Packaging – Light: 15,000 SF or less 4-28

B. Warehousing and Distribution 4-28


Drive Through Facilities 4-30

4.2.10 Residential Uses

A. Accessory Dwelling Unit.

1. An accessory dwelling unit shall comply with the following standards:

a. Zones Allowed. Accessory dwelling units shall be permitted as accessory uses to single-family and two-family residential dwellings in accordance with Table 4.1.30 (Principal Use Table) provided:

(1) The area of the lot meets or exceeds the minimum lot size requirement for the district; and

(2) The lot is currently served with public water and sewer; and

(3) Both the principal dwelling and the accessory dwelling will be in the same ownership; and

(4) The unit will be a minimum of 240 square feet in total area.

4.2.10 Conditional Use Regulations


b. Density. Accessory dwelling units shall not count toward any applicable maximum residential density requirements.

c. Dimensional and Development Standards. Accessory dwelling units shall comply with all dimensional and development standards in Article 3 (Specific to Zones).

(1) ADU in an Existing Structure. If the accessory dwelling unit is to be located in an existing accessory structure, the accessory structure shall meet all setback requirements for the district in which the lot is located.

(2) ADU in a New Structure. Accessory dwelling units shall use the Carriage House Building Type in Section 5.1.40 (Carriage House).

d. Design.

(1) Architecture. Accessory dwelling units shall comply with the architectural standards and guidelines in Division 5.4 (Architectural Standards and Guidelines).

(2) Residential Form and Character. The unit shall appear to be a single family residential dwelling.

(3) Compatible with Principal Building. To the maximum extent practicable the exterior color, siding, roof pitch, window detailing, roofing materials, and foundation of the accessory dwelling unit shall be compatible to that which is found on the principal building.

(4) Outside Entrance: For an attached accessory dwelling unit, any additional entrances will be located in the side or the rear of the accessory dwelling unit.

e. Parking. There will be one on-site, off-street parking space for each accessory dwelling unit in addition to the spaces required for the primary dwelling.

f. Resale. Accessory dwelling units shall not be sold apart from the principal dwelling upon the same lot where they are located.

g. Rental. An accessory dwelling unit may be used as a Short Term Rental or guest room for a Bed and Breakfast.

B. Home Occupation.

1. A home occupation occurring as an accessory use to any principal dwelling unit shall comply with the following standards:

a. Exclusions to Home Occupations. No home occupation shall be permitted that does any of the following:

(1) Internal or external alterations inconsistent with the residential use of the building;

(2) Is visible from the street;

(3) Generates traffic, parking, sewerage, or water use in excess of what is normal in the neighborhood;

(4) Creates a hazard to persons or property;

(5) Results in electrical interference;

(6) Is a nuisance; or

(7) Results in the outside storage or display of anything.

b. Employees. A maximum of 2 employees who are not residents of the household may work on-site.

Conditional Use Regulations 4.2.10


c. ADUs. Such use shall not operate from an accessory dwelling unit if it involves visitation by customers or salespeople.

d. Building Codes. Building must meet all applicable codes for electrical wiring, plumbing, etc., before such use begins.

e. Outside Storage. Outside storage related to such use is prohibited.

f. Signs: Signage shall comply with the standards of Sub-section 5.9.50.B.1 (Home Occupation).

g. Display and Sales. The sale of products grown, made or repaired on site is permitted. In addition, incidental retail sales are allowed in connection with a permitted home occupation (for example, a hair stylist may sell hair products to customers). No outdoor display of products for sale is permitted.

h. Maximum Size. Such use shall occupy a maximum of 25% of the floor area of the principal dwelling.

i. Vehicles. Only passenger vehicles shall be permitted in connection with the conduct of such use.

j. Hours. Deliveries and activities involving visitors/clients shall occur only between 8 A.M. and 8 P.M.

k. Parking. Such use shall not result in off-street parking of more than 3 vehicles at any one time not owned by members of the occupant household.

(1) One off -street parking space shall be provided per outside employee.

(2) The off-street parking spaces required for the home business shall be maintained in addition to the space or spaces required for the residence itself.

(3) No parking spaces, other than driveways, may be located in the required front yard setback.

l. Trailers. One vehicle trailer no more than 12feet in length may be permitted as part of such use. Such trailer shall not be parked in the street right-of-way or in the front yard unless it is parked in a driveway.

m. Barber Shop/Beauty Parlor. Such use shall be licensed and operated according to the standards set by the South Carolina Department of Labor, Licensing, and Regulation and shall be limited to 2 chairs. The applicant shall certify that the proposed use is not prohibited by any covenant or deed restriction on the property.

n. Prohibited Home Occupations. The following are prohibited as home occupations:

(1) Adult entertainment;

(2) Animal boarding facilities (such as kennels, animal hospitals, etc.);

(3) Body piercing facilities and Tattoo facilities.

(4) The repair, rental, sales or assembly of vehicles or equipment with internal combustion engines (such as outboard marine engines, lawnmowers, etc.) or any other work related to automobiles and their parts;

(5) Commercial lodging;

(6) Food handling, processing or packing, other than catering services that utilize standard home kitchen equipment;

(7) Medical offices and clinics; and



(8) Repair, rental or sales of large appliances (such as washing machines, dryers and refrigerators, etc.);

(9) Restaurants and bars.

2. Reserved.

4.2.20 Offices and Services

A. General Offices and Services.

1. Specific to the T3SN and T3N Districts.

a. Permitted Location: The lot or new development shall front an arterial, collector, or one of the following thoroughfares: Midtown Drive, Edinburgh Avenue, Columbia Avenue, Madrid Avenue, Old Shell Road, Waddell Road, or Southside Boulevard. Businesses wishing to locate on lots that do not comply with this standard may apply for and receive approval of a Special Exception Permit, see Section 8.2.50 (Special Exception Permit).

b. Hours of Operation. Hours of operation shall be limited to between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Businesses seeking to remain open after this time must apply for and receive approval of a Special Exception Permit , see Section 8.2.50 (Special Exception Permit).

2. Reserved.

B. General Offices and Services with a Drive Through Facility.

1. Service uses with a drive through facility shall comply with the following standards:

a. General to All Zones.

(1) Building Location and Circulation. To the maximum extent practicable, all dimensional and design standards of this code shall apply. In no case shall a vehicular accessway / driveway or off-street parking area be permitted between the principal façade of the building and the primary street.

(2) Drive-through Configuration. Drive-throughs shall be located to the side or at the rear of the building and shall be designed so that pedestrian safety is ensured.

(3) Location on Corner Lot. Drive-throughs serving a building located on a corner lot shall be located to the rear or interior side. In no instance shall the drive-through be located on the side of a building facing a street.

(4) Roof. If covered, the roof over the drive-through shall be of a complementary architectural design as the design covering the primary portion of the structure.

(5) Talk Boxes. Talk boxes at drive-through facilities shall be screened by a sound barrier such as landscaping, a fence or a masonry wall.

b. Specific to T4UC and T5MS. Per the Vehicle Access and Parking Standards for building types permitted in T4UC and T5MS (Division 5.1. Traditional Building Types), drive-through access in these districts shall occur from an adjacent side street or central alley. See Section 4.2.70 (Diagrams Specific to Use).

(1) Drive-through establishments are allowed only on the corners of the block in order to be visually tied to the entries that serve them.

(2) The shop fronts of the Main Street shall not be punctured by a drive-through exit.



(3) Drive-through traffic should exit the site where it enters the site, rather than being routed to another side of the block, so customers are not disoriented.

(4) Remote drive-through technology (in which objects are placed in a capsule and delivered to the drive-through via a tube) shall be encouraged.

c. Specific to T4NC and T4NC-O. Per the Vehicle Access and Parking Standards for building types permitted in T4NC and T4NC-O (Division 5.1. Traditional Building Types), drive-through access in these districts may occur from the front if there is no adjacent side street or alley, as depicted in the diagrams in Section 4.2.70 (Diagrams Specific to Use).

(1) Drive-through establishments are allowed on corners and mid-block.

(2) Drive-through traffic should enter and exit the site at different locations.

(3) Both remote drive-through technology and attached drive-throughs are permitted. The roof on a multi-lane attached drive-through that is visible from the street may be designed as a porte corchere.

2. Reserved.

C. Body Branding, Piercing, and Tattoo Facilities.

1. Tattoo or body piercing facilities shall comply with the following standards:

a. Separation. A tattoo or body piercing facility shall be a minimum of 300 feet from property line to property line of any place of worship, school, public park or recreation area, youth activity center, child day care, or lot devoted to a residential use.

b. Spacing. The minimum spacing between another tattoo or body piercing facility shall be 500 feet from property line to property line.

c. Parking. Provide the required minimum of 2.5 off-street parking spaces per 1000 sf.

d. Signage. No neon signage will be allowed at a tattoo facility.

e. Screening. When providing branding, piercing, or tattooing services that involve a state of semi-nudity, such services shall be screened and shall not be visible through any external window, door, or other aperture of the building.

f. Hours. The facility is limited to business hours of 8:00 a.m. to 10:00 p.m.

g. State Permits Required. All tattoo facilities must be licensed by the State Department of Health and Environmental Control (SC-DHEC).

2. Reserved.

D. Day Care.

1. General to All Day Care.

a. State Requirements. Facilities shall comply with all relevant state requirements.

b. Parking. Provide the required minimum of 2.5 off-street parking spaces per 1000 sf, as well as one off-street passenger drop off / pick-up space per 10 clients / students.

2. Specific to Child Day Care.

Child day care facilities shall also comply with the following:

a. Outdoor Play Areas. Outdoor play areas shall be provided, and shall be safely segregated from parking, loading, or service areas.

http://library.municode.com/HTML/12245/level2/COOR_CH10HESA.html#COOR_CH10HESA



b. Screening. A landscaped hedge or solid fence shall be provided along any rear or side property line adjoining a residential lot. The hedge or fence shall be designed and/or planted to be at least four feet in height at maturity.

c. Parking Area, Vehicular Circulation, and Drop-Off and Pick-Up. The parking areas and vehicular circulation for the child day care shall be designed to:

(1) Ensure the safety of children as they arrive at and leave the facility; and

(2) Provide a designated pickup and delivery area that is located in such a way that children do not have to cross vehicular travel ways to enter or exit the center and traffic congestion is minimized.

E. Personal Storage Facilities.

1. Personal storage facilities shall comply with the following:

a. Blocks and Streets. Larger facilities shall integrate blocks and streets into the site, allowing for future mixed-use infill and the eventual transformation of the site. See Division 2.2 (General to All Development).

b. Wrap or Line the Facility. Whenever possible, storage areas should be:

(1) Sited internal to the lot / block, and “wrapped” by detached perimeter buildings. Perimeter buildings may be constructed separately and at a later date.

i. Perimeter and outparcel buildings shall be oriented so that the principal facade faces a public street or public space; and

ii. Perimeter or outparcel buildings shall “wrap” the overall site such that their principal and /or secondary façade occupies a minimum of 70% of the perimeter street frontage (primary and secondary).

iii. The principal façade of the Main Building (security or caretakers quarters) shall occupy and address the perimeter street frontage, or the primary “internal” street.

(2) Sited internal to the lot / block and designed to include additional commercial, office, or residential “liner" space along every facade that fronts a public street or public space. Liner space, of a minimum 15 ft. in depth, may be attached or detached, and constructed separately or at a later date.

c. Building Standards.

(1) The security or caretakers quarters shall conform to the building type standards of Division 5.1 (Traditional Building Types), and contain an associated private frontage as conveyed in Division 5.3 (Private Frontage Standards). The building shall be sited per the dimensional and development standards of Article 3 (Specific to Zones) and conform to the architectural provisions of Division 5.4 (Architectural Standards and Guidelines).

(2) To the maximum extent practicable, structures used for storage shall be designed to the architectural provisions of Division 5.4 (Architectural Standards and Guidelines). See Photographic Examples on the following page. Perimeter or exterior walls visible from a public street should not include metal as a primary material.

(3) Garage doors serving individual storage units shall be perpendicular to a public or private street so as to not be visible from adjacent streets.

(4) With the exception of a structure used as a security guard or caretaker quarters, the maximum height of a personal storage facility shall be 20 feet and the maximum height of a dry stack boat storage facility shall be 35 feet (measured to the eave).



d. Operation.

(1) The only uses allowed on-site shall be the rental of storage bays and the pickup and deposit of goods or property in dead storage, and limited incidental sales of storage materials (e.g., boxes, tape). Storage bays shall not be used to manufacture, fabricate, or process goods, to service or repair vehicles, small engines or electrical equipment, or conduct similar repair activities, to conduct garage sales or retail sales of any kind, or to conduct any other commercial or industrial activity on the site.

(2) Individual storage bays or private postal boxes within a personal storage facility shall not be considered premises for the purpose of assigning a legal address.

(3) No more than one security or caretaker quarters may be developed on the site.

(4) All property stored on the site shall be located entirely within an enclosed building, except in the case of dry stack storage structures that demonstrate significant architectural merit. Such facilities may be partially enclosed, as depicted below. Energy efficient features such as solar panels and green roofs shall be encouraged, especially on facilities not visible from the street.

d. There shall be no storage of toxic, hazardous, flammable, explosive or noxious materials.

e. Parking and Circulation.

(1) Parking. The minimum of 2.5 off-street parking spaces per 1000 sf. shall apply to the Main Building only.

(2) Interior circulation shall be provided in the form of aisleways adjacent to the storage bays. These aisleways shall be used both for circulation and temporary customer parking while using storage bays. The one- or two-way traffic flow patterns in aisleways shall be clearly marked with, at a minimum, directional signage or painted lane markings with arrows.

(3) All aisleways shall be paved with asphalt, concrete, or comparable materials.

f. Fences and Walls.

(1) Fences and Walls shall be no shorter than 6 feet or taller than 8 feet and meet the standards of Division 5.5 (Fences and Walls).

(2) Fences and Walls shall tie into, and complement all buildings.

(4) Wooden or chain link entry gates into the use are prohibited.

Photographic Example 4.2.20.E: Personal Storage Facilities

All buildings designed to the Architectural Standards and Guidelines of this code.

F. Vehicle Services: Maintenance and Repair: Major.

1. Applicable to All Major Vehicle Maintenance and Repair Facilities.



a. Site Planning, Building Type, and Architecture. To the maximum extent practicable:

(1) The site plan shall maintain the street edge so as not to create a void in the built environment. Vehicular accessways / driveways and off-street parking areas shall not be permitted between the principal façade of the building and the primary street.

(2) The site shall comply with all dimensional and development standards in Article 3 (Specific to Zones).

(3) Repair of all vehicles shall occur within an enclosed building that conforms to the building type standards of Division 5.1 (Traditional Building Types), contain an associated private frontage as conveyed in Division 5.3 (Private Frontage Standards), and comply with the architectural provisions of Division 5.4 (Architectural Standards and Guidelines).

(4) Openings to repair bays and wash bays shall not face a primary or secondary street ROW. They shall be designed to minimize visual intrusion onto adjoining properties.

b. Operations.

(1) Temporary outdoor vehicle storage shall be allowed on-site in the designated parking area (see Article 3 Specific to Zones) provided the area is completely screened (100 percent opacity to a minimum 6 feet in height) from adjoining properties and ROWs using vegetative plantings, fences and walls, buildings, or a combination thereof.

(2) All automobile parts and similar materials shall be stored within an enclosed building or an outside storage area that is completely screened (100 percent opacity to a minimum 6 feet in height) from adjacent properties and ROW’s using vegetative plantings, fences or walls, buildings, or a combination thereof.

(3) Except where permitted below, these uses shall not include outdoor storage lots or impound yards for towed vehicles.

2. Auto Painting and Body Shops. In addition to the standards listed above in 4.2.20.F.1 (Applicable to All Major Vehicle Maintenance and Repair Facilities), the following standards shall apply to these facilities:

a. The use shall be located at least 250 feet from any existing residential development.

b. Vehicles shall not be parked or stored as a source of parts or for the purpose of sale or lease / rent.

c. Vehicles that are repaired and are awaiting removal shall not be stored or parked for more than 30 consecutive days unless the owner or operator of the establishment demonstrates steps have been taken to remove the vehicle from the premises using the appropriate legal means.

3. Auto Wrecker Service. In addition to the standards listed above in 4.2.20.F.1 (Applicable to All Major Vehicle Maintenance and Repair Facilities), the following standards shall apply to these facilities:

a. Outdoor storage lots or impound yards for towed vehicles are permitted, provided:

(1) The number of vehicles stored on-site shall be limited to 15 vehicles.

(2) Vehicles shall not be stored for more than 90 days.

b. Reserved.



4. Car Wash and Auto Detailing. In addition to the standards listed above in 4.2.20.F.1 (Applicable to All Major Vehicle Maintenance and Repair Facilities), the following standards shall apply to these facilities: a. Large clear windows on car wash façades can animate the public street, provide

interest for pedestrians, and inadvertently advertise the facility. They shall be permitted.

b. Vacuuming equipment shall be set back at least 50 feet from any adjacent residential development.

c. Car wash and auto detailing uses shall provide adequate, enclosed trash storage facilities on the site.

4.2.30 Retail and Restaurants

A. General Retail or Restaurant with a Drive Through Facility.

1. Retail and Restaurant establishments with a drive through facility shall comply with the following standards:

a. General to All.

(1) Building Location and Circulation. To the maximum extent practicable, all dimensional and design standards of this code shall apply. In no case shall a vehicular accessway / driveway or off-street parking area be permitted between the principal façade of the building and the primary street.

(2) Drive-through Configuration. Drive-throughs shall be located to the side or at the rear of the building and shall be designed so that pedestrian safety is ensured.

(3) Location on Corner Lot. Drive-throughs serving a building located on a corner lot shall be located to the rear or interior side. In no instance shall the drive-through be located on the side of a building facing a street.

(4) Roof. If covered, the roof over the drive-through shall be of a complementary architectural design as the design covering the primary portion of the structure.

(5) Talk Boxes. Talk boxes at drive-through facilities shall be screened by a sound barrier such as landscaping, a fence or a masonry wall.

b. Specific to T4UC and T5MS. Per the Vehicle Access and Parking Standards for building types permitted in T4UC and T5MS (Division 5.1. Building Types), drive-through access in these districts shall occur from an adjacent side street or central alley, as depicted in the diagrams in Section 4.2.70 (Diagrams Specific to Use).

(1) Drive-through establishments are allowed only on the corners of the block in order to be visually tied to the entries that serve them.

(2) The shop fronts of the Main Street shall not be punctured by a drive-through entryway or exitway.

(3) Drive-through traffic should exit the site where it enters the site, rather than being routed to another side of the block, so customers are not disoriented.

(4) Remote drive-through technology (in which objects are placed in a capsule and delivered to the drive-through via a tube) shall be encouraged.

c. Specific to T4NC and T4NC-O. Per the Vehicle Access and Parking Standards for building types permitted in T4NC and T4NC-O (Division 5.1. Building Types), drive-through access in these districts may occur from the front if there is no adjacent side



street or alley, as depicted in the diagrams in Section 4.2.70 (Diagrams Specific to Use).

(1) Drive-through establishments are allowed on corners and mid-block.

(2) Drive-through traffic should enter and exit the site at different locations.

(3) Both remote drive-through technology and attached drive-throughs are permitted.

(4) The roof on a multi-lane attached drive-through that is visible from the street may be designed as a porte corchere.

2. Reserved.

B. Open Air Retail.

1. Open Air Retail facilities shall comply with the following standards:

a. To the maximum extent practicable, the primary structure contributing to this use shall conform to the dimensional and development standards of Article 3 (Specific to Zones); and if applicable, the building type standards of Division 5.1 (Traditional Building Types), private frontage standards of Division 5.3 (Private Frontage Standards), and architectural provisions of Division 5.4 (Architectural Standards and Guidelines).

b. Items Permitted for Sale. The following merchandise can be sold:

(1) Agricultural goods; and

(2) Artisan and craft goods; and

(3) Cultural items; and

(4) Seafood; or

(5) Seasonal sales, such as Christmas trees or pumpkins.

c. Operation.

(1) Sales displays shall be arranged to leave at least five (5) feet of clear walkway for pedestrian circulation and shall not adversely impact vehicular access or circulation or unreasonably reduce parking.

(2) Displays shall only be permitted during daylight hours.

(3) Lighting of merchandise, signage, or any other element of the outdoor sales area shall not be permitted.

(4) No permanent improvements shall be made for the sole purpose of outdoor sales.

(5) Tents shall not be used on Paris Avenue.

(6) All merchandise and sales displays shall be located on private property.

2. Reserved.

C. Vehicle Sales and Rental: Alternative and Low Impact.

1. Facilities engaged in the sale or rental of alternative and low impact vehicles shall function like a general retail store and comply with the following standards:

a. Site Design. To the maximum extent practicable, all dimensional and design standards of this code shall apply. In no case shall a vehicular accessway / driveway or off-street parking area be permitted between the principal façade of the building and the primary street.



b. Outdoor Display.

(1) Up to 5 vehicles (not more than 1 row deep) may be displayed directly in front of, or along the side of the building for every 50 feet of building frontage that faces a primary or secondary street. The display area is limited to private property and may include the private frontage (porch, gallery, arcade, etc.)

(2) Display items shall not impede pedestrian circulation in any way.

(3) Outdoor display may occur from dawn to dusk only. At all other times display items shall be stored within a fully enclosed building.

c. Merchandise. Aside from those items on outdoor display, all other items (including all merchandise) shall be stored, maintained, and sold from inside the building.

2. Reserved.

D. Vehicle Sales and Rental: Automobiles, Light Trucks, Boats.

1. Facilities engaged in the sale or rental of automobiles, light trucks, or boats shall comply with the following standards:

a. Site Design.

(1) To the maximum extent practicable, all dimensional and design standards of this code shall apply. In no case shall a vehicular accessway / driveway or off-street parking area be permitted between the principal façade of the building and the primary street.

(2) Large Facilities.

i. Larger facilities shall integrate blocks and streets into the site, allowing for future infill and transformation.

ii. Buildings in excess of 35,000 sf. shall comply with the standards of Section 5.2.50 (Large Footprint Building).

iii. Vehicle sales and rental facilities with front-loaded parking or display lots shall be prohibited except in the case of facilities with a Main Building that meets or exceeds 35,000 SF. Such facilities shall comply with the standards of Section 5.2.50. (Large Footprint Building).

b. Outdoor Display. Vehicle and boat display shall only be permitted as follows:

(1) Display is permitted in the designated parking area (see Article 3 Specific to Zones). Large Footprint Buildings with “front loaded parking” may display in this area.

(2) Up to 3 vehicles or boats (not more than 1 row deep) may be displayed along one side of the building for every 50 feet of side building frontage. The display area shall be located behind the front plane of the principal façade of the building, and shall not impede upon are the private frontage / encroachment area.

(3) On corner lots outdoor display shall not be permitted along the side of the building that abuts the corner.

(4) Display items shall not impede pedestrian or vehicular circulation in any way.

(5) No vehicles shall be displayed with their hoods open, except in a display building, which shall be an enclosed structure.

c. Vehicles and Boats for Sale and Rent. Aside from those vehicles and boats on outdoor display, all other items shall be stored, maintained, and sold from inside the building, or within the designated parking area (see Article 3 Specific to Zones). These provisions apply to a Large Footprint Buildings with “front loaded parking.”



d. Location of Service Bay Doors. Repair of all vehicles and boats shall occur within an enclosed building. Service bay doors shall be located perpendicular to the road fronting the site and shall be screened from all other streets and adjacent residential property.

e. Outdoor Intercoms. Outdoor intercoms located on vehicular sales and rental sites shall comply with the following:

(1) Be located a minimum of 150 feet from the property line of any existing residential use; and

(2) If the facility is located adjacent to an existing residential use, be located on a side of the building that does not front the residential use.

2. Reserved.

4.2.40 Recreation, Education, Safety, Public Assembly

A. Recreation & Entertainment Facility: Outdoor.

1. Outdoor amusement and entertainment facilities shall comply with the following standards:

a. Site Design. To the maximum extent practicable, all buildings on the site shall conform to the building type standards of Division 5.1 (Traditional Building Types), and contain an associated private frontage as conveyed in Division 5.3 (Private Frontage Standards). The building shall be sited per the dimensional and development standards of Article 3 (Specific to Zones) and conform to the architectural provisions of Division 5.4 (Architectural Standards and Guidelines).

b. Screening. Any portion of the site or function requiring (or resulting in) additional external lighting, noise, or odors shall be located 50 feet from the lot line and shall be completely screened using vegetative plantings, fencing, buildings, or a combination thereof.

c. Hours of Operation. Outdoor operations shall be closed and exterior lighting turned off by 11:00 p.m. Facilities seeking to remain open after this time must apply for and receive approval of a Special Exception Permit , see Section 8.2.50 (Special Exception Permit).

2. Reserved.

B. Reserved.

4.2.50 Transportation, Communications, Infrastructure

A. Infrastructure and Utility: Minor and Major

1. Specific to Infrastructure and Utility: Minor.

a. Site and Building. To the maximum extent practicable:

(1) The site shall conform to the standards of this Code.

(2) Facilities shall be fully enclosed within a building that conforms to the building type standards of Division 5.1 (Building Types). This includes the Carriage House Building Type (see Section 5.1.40 Carriage House) which may be sited as a Main Building per the dimensional and development standards of Article 3 (Specific to Zones).



(3) Buildings shall contain an associated private frontage as conveyed in Division 5.3 (Private Frontage Standards).

(4) Landscaping shall conform to the standards of Division 5.7 (Landscaping).

b. Architecture. The Administrator shall have discretion regarding the level of architectural detail required. See Division 5.4 (Architectural Standards and Guidelines).

c. Screening. Minor Utilities not encased in a building shall be completely screened (100 percent opacity to a minimum of 6 feet in height) from adjoining properties and ROWs using vegetative plantings, fences and walls, buildings, or a combination thereof.

2. Specific to Infrastructure and Utility: Major.

a. Environmental Impact. The use shall not cause an adverse impact on the state’s waters.

b. Additional Setback. The site shall be located 100 feet from all lot lines.

c. Structure Over 150 feet in Height.

(1) Within a regional utility corridor, all structures 150 feet or taller located in a regional utility corridor shall be fitted with orange aviation marker balls installed along the static wire located between the structures, in accordance with applicable industry standards.

(2) Outside a regional utility corridor, all structures 150 feet or taller shall have lighting in accordance with Federal Aviation Administration (FAA) Advisory Circular AC 70/7460-1K, as amended, and FAA Advisory Circular AC 150/5345-43E, as amended, and shall be red flashing strobe lights (L-864) at night and medium intensity flashing white lights (L-865) during daylight and twilight use unless otherwise required by the FAA.

B. Parking Facility: Public or Commercial.

1. Specific to Surface Parking.


(1) The site shall conform to the standards of this Code, including Article 5.5 (Fences and Walls), Article 5.6 (Off-Street Parking), and Article 5.7 (Landscaping and Screening).

(2) Where surface parking lots are located adjacent to a:

i. Street – A “picket” or “dog ear” fence with corner posts, garden wall, or garden wall with wrought iron fence shall be provided along the length of the property line. The structure shall be a minimum of 4 feet in height and a maximum of 6 feet in height.

ii. Alley – A hedge wall, “picket” or “dog ear” fence with corner posts, garden wall, or garden wall with wrought iron fence shall be provided along the length of the property line. The structure shall be a minimum of 4 feet in height and a maximum of 6 feet in height.

iii. Residential property – A hedge wall, garden wall, or garden wall with wrought iron fence shall be provided along the length of the property line. The structure shall be 6 feet in height.

Fences and Walls are described in detail in Division 5.5 (Fences and Walls).



2. Specific to Parking Decks / Garages.

a. Location and Frontage. Parking garages should be located on the interior of a block, with little or no street exposure. If the parking garage cannot be sited on the interior of a block, the garage should be placed mid-block (with limited street exposure) as opposed to a corner (with significant street exposure). All parking garages, regardless of size, that are not located in the interior of the block shall:

(1) Comply with the standards of Section 5.2.50 (Large Footprint Building).

(2) Reserved.

b. Garage Height. The height of the garage should be equal to or lower than surrounding buildings.

c. Materials. Building materials should be similar in color and texture to those of nearby structures.

d. Wall Enclosures. Wall enclosures on street elevations should be designed to be compatible with other buildings in the area and reflect similar proportions of solid to void.

e. Level Floor Plates. Garages should have Level floor plates on all façades.

f. Stairs and Elevators. Stairs and elevators shall be designed to fit within the boundaries of the garage, rather than on the exterior as an attached stair and/or elevator tower.

g. First Floor Commercial. First floor commercial storefronts should be heavily glazed, allowing for visual interaction with pedestrians and vehicular traffic.

4.2.60 Industrial

A. Manufacturing, Processing, and Packaging – Light: 15,000 SF or Less.

1. Facilities engaged in low intensity manufacturing, processing, assembly, and packaging shall comply with the following:


(1) The site shall conform to the dimensional and development standards of Article 3 (Specific to Zones); and

(2) Buildings on the site shall comply with the building type standards of Division 5.1 (Traditional Building Types), utilize an associated private frontage, as conveyed in Division 5.3 (Private Frontage Standards), and abide by the architectural provisions of Division 5.4 (Architectural Standards and Guidelines).

a. Operations.

(1) All operations related to this use shall be conducted completely within a building, except for limited daily outdoor operations and storage which may occur behind the building and at least 50 feet from any property line.

(2) No impacts or byproducts of the use, including noise, dust, or odor shall be discernible from the property line.

2. Reserved.

B. Warehousing and Distribution.

1. Facilities engaged in the receipt, short term storage, and re-distribution of goods shall comply with the following:




(1) The site shall conform to the dimensional and development standards of Article 3 (Specific to Zones); and

(2) Buildings on the site shall comply with the building type standards of Division 5.1 (Traditional Building Types), utilize an associated private frontage, as conveyed in Division 5.3 (Private Frontage Standards), and abide by the architectural provisions of Division 5.4 (Architectural Standards and Guidelines).

(3) The site shall be designed to prevent vehicle stacking.

b. Outdoor Storage.

(1) No open storage of junk or salvage materials of any type shall occur in conjunction with the operation.

(2) The use shall locate outdoor storage areas to the rear of the principal structure, to the maximum extent practicable, and screen them with an opaque fence or wall of no less than 8 feet in height in accordance with Division 5.5 (Fences and Walls).

d. Yard Requirements. Open yard use for the sale, rental and/or storage of materials or equipment, excluding junk or other salvage shall be located to the rear of the principal structure, and completely screened (100 percent opacity) from adjacent properties and ROW’s using vegetative plantings, fences or walls, buildings, or a combination thereof. Materials may not exceed the height of the screening.

2. Reserved.



4.2.70 Diagrams Specific to Use

A. Drive-Through Facilities. The following Diagrams depict potential and desired configurations for drive-through facilities.

Diagram 4.2.70.A (T4UC and T5MS): Drive-through remote multi-lane (bank or pharmacy). Same entrance and exit (central alley). (Credit: Steve Mouzon)

Diagram 4.2.70 C (T4 and T5): Drive-through attached single or multi-lane (bank, restaurant, pharmacy, or dry-cleaner).

Same entrance and exit (side street).

Diagram 4.2.70.B (T4UC and T5MS): Drive-through attached single-lane (restaurant). Same entrance and exit (central alley). (Credit: Steve Mouzon)

Drive-

Through Drive-Through

Parking Parking

Primary Street Primary Street

Central Alley


Complete Town Block Complete Town Block



Diagram 4.2.70.D (T4NC and T4NC-O): Drive-through attached multi-lane (bank or pharmacy). Different entrance (central alley) and exit (primary street). (Credit: Steve Mouzon)

Diagram 4.2.70.F (T4NC and T4NC-O): Drive-through attached single-lane (restaurant, pharmacy, or dry cleaner).

Same entrance and exit (primary street or side street). Different entrance and exit (primary street and side street).

Diagram 4.2.70.G (T4NC and T4NC-O): Drive-through attached single-lane (restaurant, pharmacy, or dry cleaner).

Same entrance and exit (primary street).

Diagram 4.2.70.E (T4NC and T4NC-O): Drive-through attached single-lane (restaurant or dry cleaner). Different entrance (primary street) and exit (central alley). (Credit: Steve Mouzon)


Drive-

Through

Drive-

Through

Parking Parking


Central Alley Central Alley Secondary

Street






Division 4.3: Accessory Uses and Structures

Section: Page #

4.3.10 Purpose 4-33




4.3.50 Uses Customarily Accessory to Retail and Service Functions, Offices, 4-36

Recreational Entertainment Facilities, and Industry

4.3.60 Uses Customarily Accessory to Residential Dwellings and Non-Residential Facilities 4-38 4.3.70 Uses Customarily Accessory to Public Buildings and Public Functions 4-41

4.3.10 Purpose

This Division authorizes the establishment of accessory uses and structures that are incidental and customarily subordinate to principal uses. The Town’s intent in adopting this Section is to allow a broad range of accessory uses and structures, so long as they are located on the same site as the principal use, and so long as they comply with the standards set forth in this Section in order to reduce potentially adverse impacts on surrounding lands.

4.3.20 General Standards and Limitations

A. Compliance with Development Code Requirements. All accessory uses and accessory structures shall conform to the applicable requirements of this Development Code. The provisions of this Section establish additional standards and restrictions for particular accessory uses and structures.

B. General Standards. All accessory uses and accessory structures shall meet the following standards:

1. Be customarily accessory and clearly incidental and subordinate to the principal use or structure;

2. Be subordinate in area, extent, and purpose to the principal use or structure;

3. Be owned or operated by the same person as the principal use or structure;

4. Be located on the same lot as the principal use or structure unless otherwise specified in this section;

5. Together with the principal use or structure, not violate the standards of this Ordinance; and

6. Not constitute a combination use, which is the combination of two principal uses (combination uses will not meet the above standards in terms of being subordinate or providing service to the principal use).

C. Listed Accessory Uses and Structures. Activities and structures accessory to the Principal Uses identified in Table 4.1.30 (Principal Use Table) are addressed in:

1. Table 4.1.40 (Principal Use Definitions). A limited number of examples are provided with each “Principal Use.”

4.3.40 Accessory Uses and Structures


2. Division 4.2 (Conditional Use Regulations). On occasion a specific condition associated with a Principal Use applies to an accessory activity or structure.

3. This Division (Division 4.3 Accessory Uses and Structures). All other Activities and structures associated with a principal use or structure are identified in this Division, as are their associated provisions.

D. Approval. All “Listed Accessory Uses and Structures” (see 4.3.20.C. above) shall be treated as permitted uses, provided the provisions of this Division are met. Any person desiring to participate in a “listed” accessory activity, or site a “listed” accessory use should confer with the Administrator prior to do so.

E. Interpretation of Unidentified Accessory Uses. The Administrator shall evaluate potential accessory uses that are not identified in this Section on a case-by-case basis, as an interpretation, see Section 8.1.140 (Interpretations). In making the interpretation, the Administrator shall apply the following standards.

1. Purpose and Intent of Zones. The purpose and intent of the zone in which the accessory use is located, see Article 3 (Specific to Zones).

2. Potential Adverse Impacts. Any potential adverse impacts the accessory use may have on other lands in the area, compared with other accessory uses permitted in the zone.

3. Compatibility. The compatibility of the accessory use, including the structure in which it is housed, with other principal and accessory uses permitted in the zone.

4.3.30 Conditions Applicable to All Accessory Uses and Structures

A. Setbacks, Yards, and Height. All accessory uses and structures, including in-ground or above-ground pools, shall comply with all setbacks, yard, and building height requirements for the applicable zoning district (Article 3 Specific to Zones), and shall be located behind the front plane of the principal façade of the Main Building such that they do not impede upon the private frontage / encroachment area, except:

1. Water-Oriented Facilities. Accessory water-oriented facilities such as docks, landings, boat houses, etc., shall be allowed to infringe into required setback areas along shorelines and into rivers, lakes, streams and other waterways.

2. Fences and Walls. Fences and walls shall meet the standards in Division 5.5 (Fences and Walls).

B. Location. Accessory structures shall not be located within any platted or recorded easement or over any known utility.

C. Accessory Storage Buildings. Except where addressed in this ordinance, accessory buildings used for storage shall be completely enclosed structures.

D. Air Conditioning Compressor Units. Air conditioning compressor units shall be located within five feet of a principal structure or any other accessory structure.

4.3.40 Uses Customarily Accessory to Residential Dwellings

A. Uses customarily accessory to residential dwellings shall comply with Section 4.3.30 (General to All Accessory Uses and Structures), as well as the following conditions:

1. Accessory Dwelling Units (ADUs). Conditions specific to this use are

located in Section 4.2.10.A (Accessory Dwelling Units).

2. Home Occupation. Conditions specific to this use are located in Section

4.2.10.B (Home Occupation).

Accessory Uses and Structures 4.3.40


3. Private Garage. A private garage shall comply with the following standards:

a. Attached. Attached garages shall conform to the dimensional and development standards of the Building Type for which they are associated (Division 5.1 Building Types), as well as the zone in which the building is located (Article 3 Specific to Zones).

b. Detached.

(1) Detached garages shall comply with the dimensional and development standards for the Carriage House building Type (see Section 5.1.40 Carriage House) and the underlying zoning district (see Article 3 Specific to Zones).

(2) Aggregate footprint shall not exceed 50% of the footprint of the Main Building.

c. Services. A private garage may be provided with electricity, a sink, and a commode.

4. Garden Shed or Storage Building. Multiple garden sheds and / or one storage

building shall be permitted per lot provided:

a. Scale.

(1) Garden sheds. Garden sheds shall be limited to 120 square feet each.

(2) Storage Buildings. Storage Buildings shall be limited to 320 square feet and one

story (12 feet measured to the eave).

b. Water and Electricity. Garden sheds and storage buildings may be provided with electricity and a sink.

c. Steel Cargo Containers. Steel cargo storage containers or modified versions thereof are not permitted.

5. Children's playhouse. One Children's playhouse up to 150 square feet in size and

related play equipment may occupy the side or rear yard of the lot.

6. Private Swimming Pool and Pool House. One private swimming pool is permitted

as per the adopted Building Code; and one pool house or pool cabana may occupy the lot.

a. The pool house / cabana shall comply with the dimensional and design standards for the Carriage House building Type (see Section 5.1.40 Carriage House); and

b. Shall not exceed 200 square feet in size and 1 story (max. 12 ft. measured to the eave).

7. Private Dock. One private dock and associated boat house may occupy the lot. The

boat house shall comply with the dimensional and design standards for:

a. The boat house shall comply with the dimensional and design standards for the Carriage House building Type (see Section 5.1.40 Carriage House); and

b. Shall not exceed 200 square feet in size and 1 story (max. 12 ft. measured to the eave).

8. Ornamental Structures. Gazebos, trellises, picnic tables, and furniture designed

specifically for outdoor use.

B. Reserved.



4.3.50 Uses Customarily Accessory to Retail and Service Functions, Offices,

Recreational Entertainment Facilities, and Industry

A. Uses customarily accessory to retail and service functions, offices, recreational entertainment facilities, and industry shall comply with Section 4.3.30 (Conditions Applicable to All Accessory Uses and Structures), as well as the following conditions:

1. Accessory Structures.

a. Garden or Tool Shed. One garden or tool shed – for the storage of equipment used in operations and / or maintenance – is permitted per lot, provided the shed does not exceed 120 square feet in size.

b. Storage Building. One building – for the storage of supplies, stock or merchandise – is permitted per lot, provided the building:

(1) Exceeds 120 square feet, and

(2) Complies with the dimensional and development standards for the Carriage House building type (see Section 5.1.40 Carriage House), and

(3) Complies with the dimensional and development standards of Article 3 (Specific to Zones), and

(4) Does not exceed 50 percent of the floor area of the principal structure.

c. Not Permitted. Steel cargo storage containers or modified versions thereof are not

permitted.

2. Light manufacturing and / or repair facility.

a. An accessory light manufacturing and/or repair facility in which dust, odor, smoke, noise, vibration, heat or glare is not perceptible from any boundary line of the lot shall be permitted.

b. Reserved.

3. Outdoor Display.

a. Except where specifically addressed elsewhere in this Code, outdoor display of merchandise may be allowed as an accessory use provided the activity complies with the following standards:

(1) Merchandise for Display. For the purposes of this section, merchandise is defined as any item that is for sale on the premises or is representative of an item that is for sale on the premises, regardless of whether or not that particular item is available for purchase. The following types of merchandise shall be permitted for display outside as an accessory use:

i. Outdoor Merchandise. Merchandise typically used outdoors, including but not limited to: Landscape structures (garden sheds, arbors, gazebos, etc.), play sets (swings, slides, forts, etc.), plants and related materials (garden pots, plant holders, etc.), agricultural products, lawn maintenance equipment (lawn mowers, spreaders, wheelbarrows, etc.), outdoor furniture.

ii. Indoor Merchandise. Merchandise typically used or displayed indoors, including but not limited to: clothing, furniture, household goods, recreation items.

(2) General Display Area. Except where noted in this Sub-section, the outdoor display area may occupy the private frontage (porch, gallery, arcade, etc.) along the primary and / or secondary street (if applicable).



The display area may abut, and slightly infringe upon the public sidewalk, so long as the activity does not disrupt or impede the normal flow of pedestrian traffic (minimum 42 inch clear area measured from the curb).

Outdoor display of goods shall not occur anywhere else on the property, including the interior or rear side of the building, drive aisles and accessways, loading zones, fire lanes, or parking lots.

Exception. Landscape structures and play sets may only be displayed in the designated rear or side parking area. Items shall be displayed in a row, located as close to the building as is practicable. The display area shall be no more than one row in depth, and shall comply with the standards in (3) below.

(3) Display Area Parameters.

i. The outdoor display area may occupy no more than one-half of the length of the principal building’s façade.

ii. Multi-Tenant Building. In the case of a multi-tenant building, the outdoor display area shall include the entire private frontage along the primary and/ or secondary street (if applicable). The total amount of display area for all in-line tenants combined shall not exceed 50 percent of the aggregate private frontage for the building.

iii. Pedestrian Entrance. The area of outdoor display shall not occupy the space directly in front of the primary and / or secondary entrance to the building.

iv. No Goods Attached to Wall Surface. No goods shall be attached to a building’s wall surface.

v. Height. The height of the outdoor display shall not exceed 10 feet. If a single item on display exceeds 10 feet, that item may encroach upon this limit.

vi. Hours. Merchandise typically used indoors (as defined above) may only be displayed outdoors during business hours.

b. Reserved.

5. Outdoor Storage as an Accessory Use.

a. Except where specifically addressed elsewhere in this Code, outdoor storage may be allowed as an accessory use provided the activity complies with the following standards:

(1) Location and Design. Each outdoor storage area shall be:

i. Incorporated into the overall design of the principal structure on the site; and

ii. Located such that the storage area complies with the required parking setbacks for the site; and

iii. Located to the rear of the principal structure.

(2) Goods Stored Must be Sold on Premises. Goods stored in an outdoor storage area that are intended for re-sale shall be limited to those sold on the premises as part of an associated, principal use.

(3) Screening.

i. Each outdoor storage area shall be completely screened (100 percent opacity) from adjacent properties and ROW’s using vegetative plantings,



fences or walls, buildings, or a combination thereof. Materials may not exceed the height of the screening.

ii. When fences and walls are used to screen the storage area, they shall incorporate at least one of the predominant materials and one of the predominant colors used in the primary structure.

(4) Storage Area Covering. If the outdoor storage area is covered, then the covering shall include at least one of the predominant exposed roofing colors on the primary structure.

(5) Flammable Liquid or Gas. Flammable liquids or gases in excess of 1,000 gallons shall be stored underground.

(6) Storage. No materials may be stored in areas intended for vehicular or pedestrian circulation.

b. Reserved.

B. Reserved.

4.3.60 Uses Customarily Accessory to Both Residential and Non-Residential Facilities.

A. Uses customarily accessory to both residential and non-residential facilities shall comply with Section 4.3.30 (Conditions Applicable to All Accessory Uses and Structures), as well as the following conditions:

1. Satellite Dish Antenna.

a. All satellite dishes, regardless of size shall comply with the following standards:

(1) General Requirements. No form of advertising shall be allowed on the dish or framework other than the manufacturer's small identification plate.

(2) Satellite dishes should be placed in the side or rear yard or on the roof. Dishes shall not be allowed in any front yard unless a company licensed to install satellite dishes in the Town certifies that the front yard is the only place where the dish will be operational. Satellite dishes should be screened from the street and to the degree feasible, from adjoining properties. Such screening can be accomplished through fencing, landscaping, or placement of the dish between/behind architectural features of the building.

b. Reserved.

2. Security or Caretaker Quarters.

a. A dwelling unit for security or caretaker quarters shall comply with the following standards:

(1) One Unit per Principal Use. Only one such dwelling unit per principal use shall be allowed.

(2) Location. The dwelling unit for security or caretaker quarters shall be located within a Principal Building or Accessory Dwelling Unit. Such quarters are not permitted in a Mobile home.

(3) Design. Security or Caretakers Quarters in a freestanding accessory structure shall:

i. Comply with the dimensional and development standards for the Carriage House building Type (see Section 5.1.40 Carriage House), and



ii. Comply with the building height standards for ancillary buildings in Article 3 (Specific to Zones), and

iii. Not exceed 30 percent of the floor area of the principal structure.

(4) Off-street Parking. A minimum of two off-street parking spaces shall be provided, in addition to the required parking for the principal use or business.

(5) Occupant. Only the owner, operator, caretaker, or an employee of the principal building, plus that person’s immediate family, may occupy the dwelling unit.

b. Reserved.

3. Small Wind Energy System.

a. A small wind energy facility shall comply with the following standards:

(1) Amount. Towers and turbines associated with a small wind energy facility shall be limited to a maximum of one per principal use.

(2) Capacity. Small wind energy facilities shall be:

i. Limited to 10kw of wind power generation or less on blocks that are primarily residential in nature.

ii. Limited to less than 100kw of wind power generation on blocks that are primarily mixed-use or commercial in nature.

(3) Location and Setback.

i. Small wind energy facilities shall not be located between a principal building and any streets fronting the lot.

ii. A small wind energy facility shall be set back a distance equal to its total extended height (e.g., if on a roof, roof height plus the height of any tower extending from the roof) plus 10 feet from all lot lines and overhead utilities. Guy wires and other support devices shall be set back at least 10 feet from all lot lines.

(4) Height. The maximum height of a small wind energy system (including the tower and extended blades) shall be 90 feet.

(5) Sound. Sound produced by the wind turbine under normal operating conditions, as measured at a lot line, shall not exceed 55 dBA. The 55 dBA sound level, however, may be exceeded during short-term events that occur beyond the property owner’s control, such as utility outages and/or severe wind storms.

(6) Appearance. The wind turbine and tower shall be painted or finished in the color originally applied by the manufacturer, or a matte neutral color (e.g., gray, white, or galvanized steel).

(7) Blade Clearance. The blade tip or vane of any small wind energy facility shall have a minimum ground clearance of 15 feet above grade, as measured at the lowest point of the arc of the blades. No blades shall extend over public rights-of-way, parking, or driveway areas.

(8) Lighting. No illumination of the turbine or tower shall be allowed, unless required by the FAA.

(9) Access to Tower. Any climbing rungs shall be removed to a height of 12 feet above grade.



(10) Signage Prohibited. Signage visible from any public street shall be limited to the manufacturer’s or installer’s identification, appropriate warning signs, or owner identification.

(11) Abandonment. On determining that a small wind energy facility has been inoperable for 180 days or more, the Director shall send the property owner notice requiring restoration of the system to operating order within 180 days after receiving the notice. If the owner fails to restore the system to operating condition within the authorized time frame, the owner shall be required, at the owner’s expense, to remove the wind turbine from the tower for safety reasons. If the owner fails to remove the wind turbine from the tower, the County may pursue legal action to have the wind turbine removed at the owner’s expense.

b. Reserved.

4. Solar Energy Equipment.

a. Solar energy equipment shall comply with the following standards:

(1) Location. The system may be located on the roof of a principal or accessory structure, on the side of such structures, on a pole, or on the ground.

(2) Height. The system shall comply with the maximum height standards for the zone in which it is located, provided that a roof-mounted system shall not extend more than 15 feet above the roofline of the structure on which it is mounted.

(3) Nonconforming Structure-Height. Where an existing structure exceeds the applicable height limit, a solar energy collection system may be located on its roof irrespective of applicable height standards, provided the system extends no more than five feet above the roof surface.

(4) Area. The area of the system shall not exceed one-half the footprint of the principal structure or 600 square feet, whichever is greater.

(5) The property owner shall be responsible for negotiating with other landowners in the vicinity to establish any solar easement designed to protect solar access for the solar energy collection system.

b. Reserved.

5. Swimming Pools, Hot Tubs, and Ornamental Ponds.

a. Swimming pools, hot tubs, and ornamental ponds are permitted as per the adopted building code.

b. Reserved.

6. Waste receptacles and refuse collection areas.

a. Waste receptacles and refuse collection areas Except for facilities serving individual single-family detached dwellings, two-family dwellings, and temporary waste receptacles on construction sites, all waste receptacles and refuse collection areas shall comply with the following standards:

(1) Setbacks. Waste receptacles and refuse collection areas shall be set back at least five feet from a side or rear lot line, and shall not be located within the front or street side setback area.

(2) Surfacing Requirements. Areas intended for large waste receptacles and refuse collection shall be surfaced with concrete or other material approved by the Town Engineer.



(3) Drainage. Eating establishments and other uses that produce significant amounts of liquid waste shall configure areas intended for large waste receptacles and refuse collection to drain to an approved stormwater management system through grease traps or similar devices.

(4) In A Parking Area. Waste receptacles and refuse collection areas shall meet the requirements in Section 5.6.60 (Loading and Service Areas).

(5) Screening. Waste receptacles and refuse collection areas shall meet the screening requirements in Section 5.7.60 (Screening).

b. Reserved.

B. Reserved.

4.3.70 Uses Customarily Accessory to Public Buildings and Public Functions.

A. Uses customarily accessory to public functions and public buildings shall comply with Section 4.3.30 (Conditions Applicable to All Accessory Uses and Structures), as well as the following conditions:

1. Public Buildings and Public Functions. There shall be no limitations regarding

accessory uses to any function or building operated within the public domain except that such functions and buildings must be directly related and subordinate to the principal Public Use.

2. Reserved.

B. Reserved.





Division 4.4: Temporary Uses and Structures

Section: Page #

4.4.10 Purpose 4-43






4.4.70 Real Estate Sales Office 4-46 4.4.80 Temporary Storage in a Portable Shipping Container 4-47




4.4.10 Purpose

This Division allows for the establishment of certain temporary uses of limited duration and special events provided that such uses do not negatively affect adjacent properties, and provided that such uses are discontinued upon the expiration of a set time period. Temporary uses and special events do not involve the construction or alteration of any permanent building or structure.

4.4.20 Table of Allowed Temporary Uses and Structures

Table 4.4.20.A summarizes the temporary uses and structures that are allowed within the Town and any general or specific standards that apply. Temporary uses or structures not listed in Table 4.4.20.A, are not allowed by this Development Code.

4.4.50 Temporary Uses and Structures


4.4.30 Prohibited Temporary Uses

Without limiting the standards of this Development Code, the following activities are prohibited in all zones:

A. Retail or Display of Goods, Products, or Services in Public Rights-of-Way. Retail sales or display of goods, products, or services within the public right-of-way except as part of an authorized not-for-profit, Town-recognized event.

B. Retail Sales or Display of Goods from Vehicles. Except as part of a permitted seasonal sale or a roadside stand, retail sales or display of goods, products, or services from a motor vehicle, trailer, or shipping container.

4.4.40 Temporary Use Permit

All temporary uses and structures required to obtain a temporary use permit in accordance with Table 4.4.20.A (Temporary Uses and Structures), shall be reviewed, approved, or revoked only in accordance with the standards of this Division.

4.4.50 General Standards for all Temporary Uses, Structures, or Special Events

All temporary uses, structures, or special events shall meet the following general standards, unless otherwise specified in this Development Code:

Table 4.4.20.A: Temporary Uses and Structures

Temporary Use or Structure Allowable Time Frame Specific

Regulations

Temporary Structures

Temporary Offices / Classrooms In place for no more than one to

three years.1

Permit Required;

see Section 4.4.60

Real Estate Sales Office / Model Sales Home In place for no more than 3 years.

No limit on model sales units.

Permit Required;

see Section 4.4.70

Temporary Storage in a Portable Shipping

Container

In place for no more than 45 days

per calendar year, and no more than

3 occurrences per lot, per year

Permit Required;

see Section 4.4.80

Temporary Sales

Seasonal Sales

Limited to a maximum of 120 days

per calendar year, and no more than

3 occurrences per lot, per year.

Permit Required;

see Section 4.4.90

Sidewalk and Parking Lot Sales

Limited to a maximum of 60 days per

calendar year, and no more than 3

occurrences per lot, per year.

Permit Required;

see Section 4.4.100

Roadside Stands and Farmers’ Markets

Limited to one year, per location;

permit may be renewed on an annual

basis.

Permit Required;

see Section 4.4.110

Garage and / or Yard Sales Limited to 14 total days per calendar

year, per lot. No Permit Required

Notes:

1 Temporary classrooms for use as part of an existing school, college, or university may be allowed to

remain on the site for longer than three years.

Temporary Uses and Structures 4.4.60


A. General. The temporary use, structure, or special event shall not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.

B. Compliance with Town Code of Ordinances. All temporary uses, even those requiring no temporary use permit shall be subject to the requirements in the Town’s Code of Ordinances or other provisions related to business licenses, vendor permits, or other Town requirements.

C. No Adverse Effects. The temporary use, structure, or special event shall not have substantial adverse effects or noise impacts on nearby residential neighborhoods.

D. Permanent Alterations Prohibited. Permanent alterations to the site to accommodate a temporary use, structure, or special event are prohibited.

E. Temporary Signs. Temporary signs associated with the temporary use or structure shall meet the standards of Section 5.9.170 (Temporary Signs) and shall be removed when the activity ends.

F. Conditions of Approval. The temporary use or structure shall not violate any applicable conditions of approval that applies to a principal use on the site.

G. Location. Tents and other temporary structures will be located so as to not interfere with the normal operations of any permanent use located on the property.

H. Off-Street Parking. Adequate off-street parking shall be provided to accommodate the proposed temporary use.

I. Inspections. All inspections and permits required by applicable Town, County, and State departments shall be approved by the appropriate person and/or agencies.

4.4.60 Temporary Offices and Classrooms

A. Purpose and Scope. Factory-fabricated, transportable buildings that are designed to arrive at the site ready for occupancy (except for minor unpacking and connection to utilities), and designed for relocation to other sites, may be placed on land to serve as the following:

1. Temporary Expansion Space for Places of Worship, Heath Care Facilities, and Government Offices. Expansion space for existing places of worship, health care facilities, and government offices, provided plans for the permanent expansion of the existing facilities have been approved by the Town.

2. Temporary Classroom Space. Temporary classroom space to augment existing schools, colleges, and universities.

3. Temporary Office. One temporary office per site to include but not be limited to, the following uses:

a. Quarters for recreational facilities that are being provided in conjunction with a new residential development.

b. Quarters for construction and security personnel during construction of a development.

c. Hiring.

d. Membership solicitation.

e. Multiple family development office/leasing.

f. Other general office uses.

The number of modular buildings housing such uses shall be limited to one, in addition to those already allowed by this Section. Such modular buildings shall not be placed on the property prior to the issuance of a Building Permit.



B. Standards. In addition to meeting the general standards of Section 4.4.50 (General Standards for All Temporary Uses and Structures), all temporary structures approved in accordance with this Section shall meet the following standards:

1. Location. Temporary structures allowed under this Section may be located anywhere on site, except within the following areas:

a. Building setbacks; and

b. Existing required landscaping or an area designated as a future required landscaping area (whether or not vegetation currently exists); and

c. Other areas designated on the site for open space, natural resource protection, and vehicular use, or ingress/egress.

2. Other Standards.

a. The temporary structure shall be factory-fabricated and transportable;

b. In addition to any other off-street parking required on the site in accordance with Division 5.6 (Off-Street Parking), adequate off-street parking shall be provided for the temporary use;

c. All permits required by applicable building, electrical, plumbing, and mechanical codes shall be obtained prior to installation of the temporary structure;

d. The temporary structure shall be compatible with the existing buildings on the site in terms of exterior color; and

e. A sketch plan containing sufficient information to show compliance with the above standards shall be approved as part of the Temporary Use Permit by the Administrator in accordance with Section 4.4.40 (Temporary Use Permit).

C. Duration.

1. General. Except for temporary classrooms, temporary structures under this Subsection may remain on the site for no more than 12 months. This period may be renewed for two additional 12 month periods, for good cause shown, upon approval of a written request for such extension, submitted to the Administrator 30 days prior to the expiration of the Temporary Use Permit. Except for temporary classrooms, in no event shall the extension allow the temporary structure to remain on the site for more than three years.

2. Temporary Classrooms. Temporary classrooms for use as part of an existing school, college, or university may be allowed to remain on the site for longer than three years.

4.4.70 Real Estate Sales Office

A. General Standards. One temporary real estate sales office may be allowed as incidental to a new residential, non-residential, or mixed use development, provided that:

1. Yard and Setbacks. The temporary use complies with the development standards of the zone in which it is located.

2. Off-street Parking. Off-street parking provided for the temporary use complies with the standards of Division 5.6 (Off-Street Parking).

3. Sketch Plan. A sketch plan, containing sufficient information to show compliance with the above standards is approved by the Administrator in accordance with Section 4.4.40 (Temporary Use Permit).

Temporary Uses and Structures 4.4.100


4. Termination. Upon termination of use as a temporary real estate sales office the structure shall be removed from the site.

5. Temporary Trailers. All temporary trailers shall be removed from the site prior to the issuance of the last certificate of occupancy for the site.

B. Duration.

1. Temporary Real Estate Sales Office. Temporary real estate sales offices may be approved for a period of up to one year. This period may be renewed for two additional 12 month periods, for good cause shown, upon approval of a written request for such an extension, submitted to the Administrator, 30 days prior to the expiration of the permit. In no event shall the extension allow the temporary structure to remain on the site for more than three years.

2. Reserved.

4.4.80 Temporary Storage in a Portable Shipping Container

A. One or more portable shipping containers may be sited on a lot provided:

1. Location. The unit(s) are sited in a designated parking area for the lot (see Article 3 Specific to Zone).

2. Height. No unit(s) shall exceed 8.5 feet in height.

3. Footprint. The aggregate footprint of the storage unit(s) shall not exceed 130 square feet.

4. Duration. The unit(s) may occupy the lot for a period not to exceed 45 consecutive days per calendar year, after which they shall be removed. Such units shall not occupy the same lot more than three times in one calendar year.

B. Reserved.

4.4.90 Seasonal Sales

A. General. Seasonal sales, including the sale of such items as Christmas trees and pumpkins, seasonal produce, and other similar agricultural products, may take place on a vacant or developed lot, and may be permitted for a maximum of 120 total days per calendar year, or no more than three such sales per site, per calendar year.

B. Standards. Seasonal sales shall comply with the standards in Section 4.4.50 (General Standards for All Temporary Uses and Structures).

4.4.100 Sidewalk and Parking Lot Sales

A. General. Sidewalk and parking lot sales, located on the same site as the merchant’s permanent place of business, may be permitted in accordance with the standards in Section 4.4.50 (General Standards for All Temporary Uses and Structures), for a period not to exceed 60 days per calendar year. There shall be no more than three temporary sidewalk or parking lot sales of goods per site, per calendar year.

B. Display Areas. Sales displays shall not interfere with pedestrian circulation or traffic safety.



4.4.110 Roadside Stands and Farmers’ Markets

A. Standards for Roadside Stands and Farmers’ Markets. In addition to the standards in Section

4.4.50 (General Standards for All Temporary Uses and Structures), roadside stands and farmers’ markets located on private property shall comply with the following:

1. Roadside stands shall be located on private property. The written permission of the property owner shall be required prior to issuance of a permit for a roadside stand.

2. Minimum setbacks shall be 15 feet from any property line.

3. Signage shall comply with the standards of Section 5.9.170 (Temporary Signs). No off-premise signs shall be permitted. Signs shall be removed when the stand / market is removed.

4. A driveway encroachment permit shall be required from the appropriate agency / government. Vehicle parking shall be accommodated without interfering with the safe flow of traffic on adjacent roads.

5. All display stands, shelters, etc. associated with a roadside stand shall be temporary and moveable. No permanent structures shall be permitted.

6. Roadside stands and farmers’ markets typically sell items such as produce, seafood, crafts, artwork, flowers, firewood and other goods.

B. Duration. Permits for roadside stands and farmers’ markets shall be valid for one year. Permits may be re-issued for the same location on an annual basis.


Article 5: Supplemental to Zones

Content Page #

Division 5.1: Traditional Building Types 5-1

5.1.10 Purpose 5-1


5.1.30 Building Types Overview 5-1




5.1.70 Detached House – Compact 5-10

5.1.80 Cottage Court 5-12

5.1.90 Duplex 5-14





5.1.140 Main Street Mixed-Use 5-24

Division 5.2: Exceptional Building Types 5-27

5.2.10 Purpose 5-27





Division 5.3: Private Frontages 5-39

5.3.10 Purpose 5-39






5.3.70 Stoop 5-45

5.3.80 Forecourt 5-46


5.3.100 Shop Front 5-48

5.3.110 Terrace 5-49

Content Article 5: Supplemental to Zones


Content Page #

Division 5.3: Private Frontages (continued)

5.3.120 Gallery 5-51

5.3.130 Arcade 5-52

Division 5.4: Architectural Standards and Guidelines 5-53

5.4.10 Purpose 5-53




Division 5.5: Fences and Walls 5-87

5.5.10 Purpose 5-87


5.5.30 General Requirements for Fences and Walls 5-87


Division 5.6: Off-Street Parking 5-91

5.6.10 Purpose 5-91






Division 5.7: Landscaping and Screening 5-99








Division 5.8: Exterior Lighting 5-109




Article 5: Supplemental to Zones Content

The Port Royal Code 5-iii

Content Page #

Division 5.9: Signs 5-113


5.9.20 Signs Exempt From a Sign Permit 5-113



5.9.50 Selecting Sign Types for Buildings, Businesses and Communities 5-119

5.9.60 Awning / Canopy-Sign Type 5-122

5.9.70 Landscape Wall Sign Type 5-123

5.9.80 Marquee Sign Type 5-124


5.9.100 Projecting Sign Type 5-126









Division 5.10: Resource Protection 5-135





5.10.50 Flood Hazard Area 5-139

Division 5.11: Stormwater 5-141

5.11.10 Purpose 5-141




Content Article 5: Supplemental to Zones

5-iv The Port Royal Code



Division 5.1: Traditional Building Types

Section: Page #

5.1.10 Purpose 5-1


5.1.30 Building Type Overview 5-1




5.1.70 Detached House – Compact 5-10 5.1.80 Cottage Court 5-12

5.1.90 Duplex 5-14





5.1.140 Main Street 5-24

5.1.10 Purpose

This Division sets forth standards that are applicable to the development of each building type, as identified and permitted by zone (see Article 3 Specific to Zone). Standards are intended to ensure development reinforces the highly-valued existing character and scale of the Town of Port Royal.


A. The requirements of this Division shall apply to all proposed development, and shall be considered in combination with the standards for the applicable zone in Article 3 (Specific to Zones), the proposed use in Article 4 (Specific to Use), and the rest of this Article.

B. The vast majority of functions are suitable for one or more building types found in this Division. However, in very specific cases the physical form of a building is a direct result of its use (e.g. civic buildings, gas stations, transportation terminals, parking garages). Such structures are referred to as “Exceptional Buildings,” and are addressed in Division 5.2 (Exceptional Building Types).

5.1.30 Building Types Overview

This Section provides an overview of the allowed building types.

A. Table 5.1.30.A (Traditional Building Types) provides an overview of the allowed building types.

B. The names of the building types are not intended to limit uses within a building type. For example, a single-family house may have non-residential uses such as home occupation uses or service uses when permitted within the zone.

C. The lot size standards for each building type designate the range of lot sizes that the given building type is allowed to be built on. If the lot is smaller or larger than the allowed lot size, a different building type shall be selected.

D. When minimum lot sizes are established in Article 3 (Specific to Zones), those minimum lot sizes shall govern.

5.1.30 Traditional Building Types


Table 5.1.30.A: Traditional Building Types

Illustration Building Type Allowed In

Carriage House: This building type is a secondary structure typically

located at the rear of a lot. This structure typically provides either a small

residential unit, home office space, or other small commercial or service

use that may be above a garage or at ground level. This Building Type is

important for providing affordable housing opportunities and incubating

small businesses within walkable neighborhoods.

Detached House – Large. This building type is a large detached

structure on a large lot that incorporates one unit. It is typically located

within a primarily single-family residential neighborhood in a sub-urban or

rural setting. If located within a walkable neighborhood, this Building Type

is often sited along the water, or in a manner that provides a transition to

more rural areas. While primarily used for single family housing, this

Building Type is appropriate for low intensity group living.

Detached House – Medium. This building type is a medium-sized

detached structure on a moderate-sized lot that incorporates one unit. It is

typically located within a primarily single-family residential neighborhood in

a walkable urban setting, potentially near a neighborhood main street.

While primarily used for single family housing, this building type is

appropriate for low intensity, non-residential uses.

Detached House – Compact. This building type is a compact, detached

structure on a small lot that incorporates one unit. This Type allows for

appropriately-scaled, well-designed higher density housing within a primarily

single-family neighborhood, and is important for providing a broad choice

of detached housing types that promote walkability. While residential in

form, this building type is ideal for low intensity retail, service, and office

uses, and is often located near, or even on a neighborhood main street.

Cottage Court. This building type consists of a series of small, detached

structures on a single lot, providing multiple units arranged to define a

shared court that is typically perpendicular to the street. The shared court

takes the place of a private rear yard and becomes an important

community-enhancing space. The Cottage Court allows for the

introduction of appropriately-scaled medium density, detached housing

within a single-family neighborhood, and is important for providing a broad

choice of housing types that promote walkability. While residential in form,

this building type allows for the establishment of a single-lot cluster of

buildings dedicated to retail, the arts, education, and similar uses.

General Note: Images on this page are illustrative, not regulatory.

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Traditional Building Types 5.1.30


Table 5.1.30.A: Traditional Building Types

Illustration Building Type Allowed In

Duplex. This building type is a small to medium-sized structure that

consists of two side-by-side or two stacked dwelling units, both facing

the street. The Duplex is appropriately scaled, and designed to appear

as a moderate to large single-family home, allowing for the introduction

of medium density housing within a primarily detached single-family

neighborhood. This Type is important for providing a broad choice of

housing options that promote walkability. While residential in form, this

building type is appropriate for low intensity retail, service, and office

uses.

Townhouse. This building type is a small to medium-sized attached

structure that consists of three or more dwelling units placed side-by-side.

This Type is typically located within medium-density neighborhoods or in a

location that transitions from a primarily single-family neighborhood into a

neighborhood main street. This building type is critical to the effort to

provide a broad choice of housing types that promote walkability. While

primarily residential in form, this Type may be used for live-work and

similar medium intensity retail, service, and office uses. Syn: Rowhouse.

Mansion Apartment. This building type is a medium structure that

consists of three to six side-by-side and/or stacked dwelling units, typically

with one shared entry or individual entries along the front. This Type has

the appearance of a medium-sized family home and is appropriately scaled

to fit in sparingly within primarily single-family neighborhoods or medium-

density neighborhoods. This building type is critical to the effort to

provide a broad choice of housing types that promote walkability. While

residential in form, this building type may be appropriate for office,

medical, lodging, and similar uses.

Apartment House. This building type is a medium-to-large-sized

structure that consists of 7 to 12 side-by-side and/or stacked dwelling

units, typically with one shared entry. This type is appropriately-scaled to

fit within medium-density neighborhoods or sparingly within large lot

predominantly singly-family neighborhoods. This building type is critical to

the effort to provide a broad choice of housing types that promote

walkability. Buildings shall not be constructed as isolated “complexes” but

rather integrated into the neighborhood block and street system. While

residential in form, this building type may be appropriate for office,

medical, lodging, and similar uses.

Flex Building. This building type is a medium to large-sized detached

structure of one to two-and-a-half stories with a storefront treatment that

most often accommodates commercial, recreational entertainment, light

industrial, and other uses that are too large or intense to be appropriately

housed in a residential or Main Street Mixed-Use building type. This

building is inspired by the large vernacular prototypes of the lowcountry,

including: packing sheds, barns, warehouses, and maritime structures. The

front façade is typically flat, often with a Shopfront or Gallery frontage.

This Type is a primary component of an urban flexible neighborhood that

provides a mix of buildings, and is often located along significant

thoroughfares.

Main Street Mixed-Use. This building type is a small- to medium-sized

structure, typically attached, intended to provide a vertical mix of uses

with ground-floor commercial, service, or retail uses and upper-floor

commercial, service, or residential uses. Smaller versions of this Type

include live/work units. This Type makes up the primary component of a

neighborhood main street and portions of a downtown main street, and is

critical to providing a walkable environment.


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5.1.40 Carriage House

One-and-a-half-story Carriage House with living area over the garage.

A. Description

Carriage House. This building type is a secondary

structure typically located at the rear of a lot. This

structure typically provides either a small residential

unit, home office space, or other small commercial or

service use that may be above a garage or at ground

level. This building type is important for providing

affordable housing opportunities and incubating small

businesses within walkable neighborhoods.

One-and-a-half-story carriage house with external stairway. Allowed in Transect Zones

Key

One-and-a-half-story carriage house with living area over

the garage and an adjacent carport.

General Note: Photos on this page are illustrative, not

regulatory.

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B. Lot E. Required Frontages

Allowed on lots when accompanying a Residential Use.

Porch, Projecting Stoop

Allowed on lots when accompany the following building

types: Estate House, Village House, Cottage House,

Duplexes, Townhouses, Mansion Apartments.

Porch, Engaged

Carriage houses are not required to have a Frontage Type.

F. Pedestrian Access

Allowed as a standalone structure on a lot when the lot has

direct access from an alley.

Main Entrance Location: Side Street, Alley, or internal

to the lot

The Carriage house building type is the only detached

accessory dwelling unit (ADU) allowed in transect zones.

The main entrance may not be through a garage.

G. Vehicle Access and Parking

C. Number of Units Parking may be accessed from the alley, side street or front.

Units 1 max. Parking may be accessed from the front only when there is

no adjacent alley or side street. D. Building Size and Massing

Height All parking spaces provided shall be separate from the

principal building and may be enclosed, covered or open. Per building form standards based on zone.

Main Body H. Private Open Space

Width 36 ft. max. The private open space requirements for the lot shall be determined by the principal building on the lot. No additional

private open space is required for a carriage house. Depth 30 ft. max.

Separation from main building 10 ft. min. 1

1 Carriage house may be connected to the main building by an uninhabitable space such as a breezeway.

I. Miscellaneous

Roof penetrations and equipment (except chimneys) shall be be located, or otherwise configured to have as minimal visual

impact as practicable from the street. Footprint

Carriage houses shall not have a larger footprint than the

main building on the lot.



5.1.50 Detached House – Large

Large House with a two-story porch for a private frontage.

A. Description

Detached House – Large. This building type is a

large detached structure on a large lot that

incorporates one unit. It is typically located within a

primarily single-family residential neighborhood in a

sub-urban or rural setting. If located within a walkable

neighborhood, this building type is often sited along

the water, or in a manner that provides a transition to

more rural areas. While primarily used for single family

housing, this building type is appropriate for low

intensity group living.

Large House with a porch for a private frontage. Allowed in Transect Zones

Key

Large House with a two-story porch for a private frontage. General Note: Photos on this page are illustrative, not

regulatory.

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Lot Size Common Yard Porch, Engaged

Width 75 ft. min. Porch, Projecting Stoop

Depth 100 ft. min. F. Pedestrian Access

Area 10,000 SF min. Main Entrance Location Front C. Number of Units G. Vehicle Access and Parking

1 unit max. except Group Home / Community Residence. Parking may be accessed from the alley, side street or front.

D. Building Size and Massing Parking may be accessed from the front only when there is no adjacent alley or side street. Height

Per building form standards based on zone. Parking spaces may be enclosed, covered or open.

Main Body H. Private Open Space

Width 48 ft. max. Width 30 ft. min. Secondary Wing(s) Depth 30 ft. min. Width 1 36 ft. max. Area 3,000 SF min.

Depth 1 30 ft. max. Required street setbacks and driveways shall not be included

in the private open space area calculation. 1 Width and depth regulations do not apply to

Secondary Wings located behind the Main Body.

Required private open space shall be located behind the main body of the house. Accessory Structure(s)

Width 36 ft. max. I. Miscellaneous

Depth 30 ft. max. Roof penetrations and equipment (except chimneys) shall be located on the rear slope, or otherwise configured to have as

minimal visual impact as practicable from the street. Foundation

Exposed foundation walls or piers shall be clad in face brick,

stone, stucco, or a similar masonry material.

Latticework, vertical or horizontal wood boards, or a similar

screening shall be installed between piers on all sides.



5.1.60 Detached House – Medium

Streetscape of Medium Houses with two-story porches.

A. Description

Detached House – Medium. This building type is a

medium-sized detached structure on a moderate-sized

lot that incorporates one unit. It is typically located

within a primarily single-family residential

neighborhood in a walkable urban setting, potentially

near a neighborhood main street. While primarily used

for single family housing, this building type is

appropriate for low intensity group living and non-

residential uses.

Allowed in Transect Zones

Key

Medium House with a two-story porch frontage. General Note: Photos on this page are illustrative, not

regulatory.

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Streetscape of Medium Houses with two-story side porches.




Lot Size Common Yard Porch, Engaged

Width 50 ft. min.; 100 ft. max. 1 Porch, Projecting Stoop

Depth 75 ft. min.; 200 ft. max. 1 F. Pedestrian Access

Area 5,000 SF min. 1 Main Entrance Location Front 1 Smaller lot size permitted only if building type is already

existing on lot at time of code adoption, X/X/2013

G. Vehicle Access and Parking

Parking may be accessed from the alley, side street or front.

C. Number of Units Parking may be accessed from the front only when there is no

adjacent alley or side street. Units 1 max. except Group Home.

D. Building Size and Massing Parking spaces may be enclosed, covered or open.

Height H. Private Open Space

Per building form standards based on zone. Width 20 ft. min.

Main Body Depth 20 ft. min. Width 48 ft. max. Area 600 SF min.

Secondary Wing(s) Required street setbacks and driveways shall not be included

in the private open space area calculation. Depth 30 ft. max.

Width 30 ft. max. Required private open space shall be located behind the main

body of the house. Accessory Structures(s)

Width 24 ft. max. I. Miscellaneous

Depth 30 ft. max Roof penetrations and equipment (except chimneys) shall be

located on the rear slope, or otherwise configured to have as

minimal visual impact as practicable from the street. Foundation

Exposed foundation walls or piers shall be clad in face brick,

stone, stucco, or a similar masonry material.

Latticework, vertical or horizontal wood boards, or similar




5.1.70 Detached House – Compact

Compact House in the form of a traditional cottage with a front porch.

A. Description

Detached House – Compact. This building type is

a compact, detached structure on a small lot that

incorporates one unit. This Type allows for

appropriately-scaled, well-designed higher density

housing within a primarily single-family neighborhood,

and is important for providing a broad choice of

detached housing types that promote walkability.

While residential in form, this building type is ideal for

low intensity retail, service, and office uses, and is

often located near, or even on a neighborhood main

street.


Key


regulatory.

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Streetscape of two-story Compact Houses.

One-and-a-half story Compact House with porch.



B. Lot Foundation (continued)

Lot Size Latticework, vertical or horizontal wood boards, or a similar

screening shall be installed between piers on all sides. Width 30 ft. min.; 50 ft. max. 1

Depth 50 ft. min.; 200 ft. max. 1 E. Required Frontages

Area 2,500 SF min. 1 Porch, Projecting Porch, Engaged Stoop

1 Smaller lot size permitted only if building type is already

existing on lot at time of code adoption, X/X/2013

F. Pedestrian Access

Main Entrance Location Front

C. Number of Units G. Vehicle Access and Parking

Units 1 max. Parking may be accessed from the alley, side street or front

(front access only when there is no alley or side street). D. Building Size and Massing

Height Parking spaces may be enclosed, covered or open.

Per building form standards based on zone. H. Private Open Space

Main Body Width 15 ft. min. Width 36 ft. max. Depth 15 ft. min.

Secondary Wing(s) Area 300 SF min.

Depth 24 ft. max. Required street setbacks and driveways shall not be included

in the private open space area calculation. Width 24 ft. max.

Accessory Structures(s) Required private open space shall be located behind the main

body of the house. Width 24 ft. max.

Depth 30 ft. max I. Miscellaneous

Foundation Roof penetrations and equipment (except chimneys) shall be


minimal visual impact as practicable from the street. Exposed foundation walls or piers shall be clad in face

brick, stone, stucco, or a similar masonry material.



5.1.80 Cottage Court

Cottage Court with raised stoop entries enclosing a formal, landscaped court that primarily serves as a pedestrian passage.

A. Description

Cottage Court. This building type consists of a series

of small, detached structures on a single lot, providing

multiple units arranged to define a shared court that is

typically perpendicular to the street. The shared court

takes the place of a private rear yard and becomes an

important community-enhancing space. The Cottage

Court allows for the introduction of appropriately-

scaled medium density, detached housing within a single-

family neighborhood, and is important for providing a

broad choice of housing types that promote walkability.

While residential in form, this building type allows for

the establishment of a single-lot cluster of buildings

dedicated to retail, the arts, education, and similar uses.


Key

Cottage court with a heavily landscaped court. General Note: Photos on this page are illustrative, not

regulatory.

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Cottage Court with an open green as a court.




Lot Size Porch, Projecting Stoop

Width 75 ft. min.; 150 ft. max. Porch, Engaged

Depth 100 ft. min.; 150 ft. max. F. Pedestrian Access

Miscellaneous Main Entrance Location:

This building type shall not be used on corner lots. Common Courtyard / Unit Front

C. Number of Units G. Vehicle Access and Parking

Units 3 min.; 9 max. Parking may be accessed from the alley, side street, or front

(front access only when there is no alley or side street). Units may be attached in a duplex configuration.

D. Building Size and Massing 50% of all parking may be located off-site, within one full block.

Height Parking spaces may be enclosed, covered, or open.

Typically 1-1/2 stories. Per building form standards for zone. H. Open Space

Main Body Common Courtyard

Width 32 ft. max. Width 20 ft. min. 1 Depth 20 ft. min. 1

Depth 24 ft. max. Area 400 SF min. 1

Secondary Wing(s) 1 Alternative courtyard configurations may be approved so long

as the minimum width, depth, and area are realized. Width 24 ft. max.

Depth 12 ft. max. Private Open Space

Accessory Structure No private open space is required.

Width 24 ft. max. F I. Miscellaneous

Depth 24 ft. max Roof penetrations and equipment (except chimneys) shall be


minimal visual impact as practicable from the street.



5.1.90 Duplex

A side-by-side duplex with each unit having its own porch.

A. Description

Duplex. This building type is a small to medium-sized

structure that consists of two side-by-side or two

stacked dwelling units, both facing the street. The

Duplex is properly scaled, and designed to appear as a

moderate to large single-family home, allowing for the

introduction of medium density housing within a

primarily detached single-family neighborhood. This

Type is important for providing a broad choice of

housing options that promote walkability. While

residential in form, this building type is appropriate for

low intensity retail, service, and office uses.

A stacked duplex with each unit having its own entry. Allowed in Transect Zones

Key

A side-by-side duplex with a two-story porch. General Note: Photos on this page are illustrative, not

regulatory.

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Units may be side by side or stacked as individual “flats” Main Entrance Location Front 2 C. Number of Units Each unit shall have an individual entry facing the street on or

no more than 10 ft. behind the front façade. Units 2 max.

D. Building Size and Massing 2 On corner lots, each unit shall front a different street.

Height G. Vehicle Access and Parking

Per building form standards based on zone. Parking may be accessed from the alley, side street or front.

Main Body Parking may be accessed from the front only when there is

no adjacent alley or side street. Width 48 ft. max.

Secondary Wing(s) Parking spaces may be enclosed, covered, or open

Width 24 ft. max. H. Private Open Space

Accessory Structure(s) Width 15 ft. min. Width Depth 15 ft. min. Individual unit ownership 24 ft. max. E Area 300 SF min.

Shared between units 48 ft. max. Required street setbacks and driveways shall not be included

in the private open space area calculation. Depth 30 ft. max

Foundation Required private open space shall be located behind the main

body of the house. Exposed foundation walls or piers shall be clad in face

brick, stone, stucco, or a similar masonry material.

I. Miscellaneous

Latticework, vertical or horizontal wood boards, or similar


Roof penetrations and equipment (except chimneys) shall be

located / configured so that they aren’t visible from the street.

1 Side-by-side units may have a shared property line.



5.1.100 Townhouse

Streetscape of traditional Townhomes in which individual stoops, dormers, and color help to breakdown the overall massing.

A. Description

Townhouse. This building type is a small to medium-

sized attached structure that consists of three or more

dwelling units placed side-by-side. This Type is typically

located within medium-density neighborhoods or in a

location that transitions from a primarily single-family

neighborhood into a neighborhood main street. This

building type is critical to the effort to provide a broad

choice of housing types that promote walkability.

While primarily residential in form, this Type may be

used for live-work and similar medium intensity retail,

service, and office uses. Syn: Rowhouse.


Key


regulatory.

Townhouse with a large, inviting, covered stoop frontage.

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Streetscape of Traditional Townhomes with a stoop frontage.





Width 16 ft. min. Porch, Engaged

Depth 80 ft. min. F. Pedestrian Access

C. Number of Units Main Entrance Location Front Units 3 min.; 8 max. Each unit shall have an individual entry facing a street.

D. Building Size and Massing G. Vehicle Access and Parking

Height Parking may be accessed from the alley or side street.

Per building form standards based on zone. Parking may be accessed from the front only when there is

no adjacent alley or side street. Main Body

Width 16 ft. min.; 36 ft. max. When accessed from the front, a single shared drive shall be

used. Secondary Wing(s)

The footprint area of the secondary wing(s) may not

exceed the footprint area of the main body.

Parking spaces may be enclosed, covered, or open.

H. Private Open Space

Accessory Structure(s) Width 8 ft. min. Width 24 ft. max. Depth 8 ft. min. Depth 30 ft. max Area 100 SF min.

The footprint area of an accessory structure may not


Required street setbacks and driveways shall not be included

in the private open space area calculation

Required private open space shall be located behind the main

body of the house.



5.1.110 Mansion Apartment

A mansion apartment with the scale and character of the surrounding single-family houses.

A. Description

Mansion Apartment. This building type is a medium

structure that consists of three to six side-by-side and/or stacked dwelling units, typically with one shared

entry or individual entries along the front. This Type

has the appearance of a medium-sized family home and

is appropriately scaled to fit in sparingly within

primarily single-family neighborhoods or medium-

density neighborhoods. This building type is critical to

the effort to provide a broad choice of housing types

that promote walkability. While residential in form, this

building type may be appropriate for office, medical,

lodging, and similar uses.

A 6 unit mansion apartment with an understated entry. Allowed in Transect Zones

Key

A 4 unit mansion apartment with an inviting stoop frontage. General Note: Photos on this page are illustrative, not

regulatory.

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C. Number of Units Main Entrance Location Front Units 3 min.; 6 max. Each unit may have an individual entry.

D. Building Size and Massing G. Vehicle Access and Parking

Height Parking may be accessed from the alley, side street or front.

Per building form standards based on zone. Parking may be accessed from the front only when there is no

adjacent alley or side street. Main Body

Width 48 ft. max. Parking spaces may be enclosed, covered or open.

Depth 36 ft. max. H. Common Open space

Secondary Wing(s) Common Courtyard

Width 30 ft. max. Width 8 ft. min. Depth 30 ft. max. Depth 8 ft. min.

Accessory Structure(s) Area 100 SF min.

Width 48 ft. max. Required street setbacks and driveways shall not be included

in the common open space area calculation. Depth 30 ft. max.



Required common open space shall be located behind the

main body of the house.

I. Miscellaneous

Roof penetrations and equipment (except chimneys) shall be


minimal visual impact as practicable from the street.



5.1.120 Apartment House

An apartment house with an understated and recessed stoop.

A. Description

Apartment House. This building type is a medium-to-

large-sized structure that consists of 7 to 12 side-by-side

and/or stacked dwelling units, typically with one shared

entry. This Type is appropriately-scaled to fit within

medium-density neighborhoods or sparingly within large

lot predominantly singly-family neighborhoods. This

building type is critical to the effort to provide a broad

choice of housing types that promote walkability.

Buildings shall not be constructed as isolated

“complexes” but rather integrated into the

neighborhood block and street system. While

residential in form, this building type may be appropriate

for office, medical, lodging, and similar uses.


Key


regulatory.

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An apartment house with individual entries on the ground floor.

units.

A newly constructed contemporary Apartment House that

maintains a walkable, human scale.





Width 75 ft. min.; 150 ft. max. Porch, Engaged Forecourt


C. Number of Units Main Entrance Location Front Units 6 min.; 12 max. Units located in the Main Body shall be accessed by a

Common entry along the front. D. Building Size and Massing

Height On corner lots, units in a secondary wing may front the side street. Per building form standards based on zone.

Main Body G. Vehicle Access and Parking

Width 60 ft. max. Parking may be accessed from the alley, side street, or front.

Depth 50 ft. max. Parking spaces may be enclosed, covered or open.

Secondary Wing(s) H. Common Open space

Width 48 ft. max. Width 8 ft. min.

Depth 36 ft. max. Depth 8 ft. min.

Accessory Structure(s) Area 100 SF min. K

Width 48 ft. max. Required street setbacks and driveways shall not be included

in the common open space area calculation. Depth 30 ft. max.



Required common open space shall be located behind the

main body of the house.



5.1.130 Flex Building

A. Description

Flex Building. This building type is a medium to large-

sized detached structure of one to two-and-a-half

stories with a storefront treatment that most often

accommodates commercial, recreational entertainment,

light industrial, and other uses that are too large or

intense to be appropriately housed in a residential or

Main Street Mixed-Use building type. This building is

inspired by the large vernacular prototypes of the

lowcountry, including: packing sheds, barns,

warehouses, and maritime structures. The front façade

is typically flat, often with a Shopfront or Gallery frontage. This Type is a primary component of an urban

flexible neighborhood that provides a mix of buildings,

and is often located along significant thoroughfares.


Key

Note: Photos on this page are illustrative, not regulatory.

Waterborne industrial and agricultural structures

provide inspiration for this Building Type (above and

below).

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A pictorial collage of medium to large-sized, primarily single use, Flex Buildings.



B. Lot D. Required Frontages

Lot Size Porch, Projecting 1 Shopfront 1 Gallery 1

Width 100 ft max. Porch, Engaged 1 Terrace 1 Arcade 1

Depth 200 ft max. 1 Frontage shall extend along a min. of 75% of the front

façade and 75% of the street side or side frontage. Large Footprint Building Only

Width Max. width of block face Large Footprint Building Only

Depth Max. depth of block face Applicable to Anchor or Liner Frontage:

C. Building Size and Massing Shopfront Terrace Gallery Arcade

Height E. Pedestrian Access

Per building form standards based on zone. Main entrance location on front façade of building:

Main Body Mid-block site: Middle or corner.

Width 100 ft. max. Corner Site: Shall include middle or street side corner.

Depth 150 ft. max. F. Vehicular Access and Parking

Large Footprint Building Only Parking may be accessed from the alley, side street, or front.

Width Max. width of block face Parking drives and access may be shared on adjacent lots.

Depth Max. width of block face G. Private Open Space

No private open space requirement.



5.1.140 Main Street Mixed-Use

Historic Main Street Mixed-use building.

A. Description

Main Street Mixed-Use. This building type is a

small to medium-sized structure, typically attached,

intended to provide a vertical mix of uses with

ground-floor commercial, service, or retail uses and

upper-floor commercial, service, or residential uses.

This Type makes up the primary component of a

neighborhood main street and portions of a

downtown main street, and is critical to providing a

walkable environment.

Newly constructed Main Street Mixed-use building. Allowed in Transect Zones

Key

Main Street Mixed-use buildings front town green. General Note: Photos on this page are illustrative, not

regulatory.

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Lot Size Forecourt Shop Front Gallery

Width 25 ft. min.; 150 ft. max. Dooryard Terrace Arcade

Depth 80 ft. min.; 150 ft. max. Large Footprint Building Only

Large Footprint Building Only Applicable to Anchor or Liner Frontage:

Width Max. width of block face Dooryard Terrace Arcade

Depth Max. depth of block face Shop Front Gallery

C. Number of Units F. Pedestrian Access

Units 2 min. Upper floor units located in the main body shall be

accessed by a common entry along the front. D. Building Size and Massing

Height Ground floor units may have individual entries along

the front or side street. Per building form standards based on zone.

Main Body

On corner lots, units in a secondary wing / accessory

structure may front the side street. Width 150 ft. max. Depth 80 ft. max. G. Vehicle Access and Parking

Large Footprint Building Only Parking shall be accessed from a side street or alley.

Width Max. width of block face Parking drives and access may be shared on adjacent lots.

On-site parking spaces may be enclosed or open. Depth Max. depth of block face Secondary Wing(s) / Accessory Structure(s) Garages may be detached or tuck-under.

Width 100 ft. max. H. Private Open Space

Depth 65 ft. max. No private open space requirement.

Separation from Main Body 10 ft. min. I. Specific to T4 NC-O

A secondary wing / accessory structure shall have a smaller The front plane of the Main Street Mixed Use building type

footprint, a narrower width, and a depth not greater than (primary mass with private frontage) shall not be set back

the main body. more than 15 feet from the front property line.





Division 5.2: Exceptional Building Type Standards

Section: Page #

5.2.10 Purpose 5-27





5.2.10 Purpose.

Exceptional Buildings refer to a subset of Traditional Building Types in which the form of the structure is primarily driven by its function or use. These provisions supplement the standards for Traditional Buildings, and contain additional requirements regarding location, site planning, and building design. At the community scale, these criteria ensure the continued establishment and promotion of walkable places of value and meaning; while at the lot level, they maximize the application of appropriately-scaled elements and features.

5.2.20 Applicability.

The requirements of this Division shall only apply to those uses listed with each Exceptional Building Type. They shall be considered in combination with the standards of Division 5.1 (Traditional Building Types), the applicable zone in Article 3 (Specific to Zones), and the provisions of this Division.

5.2.30 Exceptional Building Types


5.2.30 Landmark Buildings

A. Description Landmark Building. Landmark Buildings are

designed for occupancy by public or commercial

uses that provide important services to the

community, including recreation, education, safety,

assembly, and related functions. They contribute

significantly to the quality of the neighborhood and

often serve as the focal point of a civic space,

terminate a vista, or are placed at a prominent

location. The architectural quality and construction

of a Landmark Building shall be of the highest level

and exceed that of nearby buildings.

Photographic Examples (above)

Top Row: Community Oriented Facilities – Beaufort City Hall, Bluffton Library, Port Royal US Post Office

Middle Row: Community Recreation Facility – Port Royal YMCA; Community Safety Facility – Burton Fire Station; Public School – Port

Royal Elementary School

Bottom Row: Community Oriented Facilities – National Cemetery,

Beaufort (informal residential character); Meeting Facility or Place of Worship Union Church, Port Royal (small scale, semi-formal character);

First Presbyterian Church Beaufort (medium scale, semi-formal character); Baptist Church of Beaufort (large scale, formal character)

B. Allowed in Transect Zones

Landmark Buildings are allowed in any zone in which the

principal use that occupies the building is permitted. See

Section 4.1.30 (Principal Use Table).

C. Applicable Uses Buildings are Traditionally Occupied By:

Community Oriented Facilities. Civic and

community centers, court houses, government

administrative offices, libraries, post offices, museums,

live theaters, town hall, visitors’ centers, etc.

Community Recreation Facilities. County operated

pools, municipal tennis facilities, YMCAs, etc.

Community Safety Facilities. Fire stations, police

stations, and ambulance service.

Meeting Facilities or Places of Worship. Meeting

halls for clubs and other membership organizations,

churches, mosques, and synagogues.

Schools. Primary and Secondary Schools, and Colleges

and Universities.

Transportation Terminals. Multi-modal shuttle, bus,

ferry, and Train stations (>35,000 sf. see 5.2.30).

A pictorial collage of Landmark Buildings who’s prominent siting and design reflects their significant contribution to the community.

Exceptional Building Types 5.2.30


D. Review Process

All Landmark Buildings shall be reviewed for design on a

case-by case basis using, to the maximum extent practicable,

the standards of this Code.

Existing Building Types

The following facilities may be designed to an existing

building type found in Division 5.1 (Traditional Building

Types).

1. Private and quasi-public meeting facilities.

2. Minor or secondary recreation and safety facilities.

3. Small to medium scaled transportation facilities in

which passenger boarding occurs outside the building.

All other buildings, regardless of scale, shall be designed as

remarkable “landmark” structures that stand out.

E. Building Location The following criteria should be considered when

determining the location of a Landmark Building within the

community, on the block, and on the lot:

1. Primary function

2. Perceived level of importance to the community

3. Desired level of formality

4. Sense of permanence

Location Within the Community

To the maximum extent practicable, buildings shall be sited

at prominent locations and oriented toward a public street

or public space in a manner that:

1. Provides a corner or midblock terminating vista; or

2. Anchors a civic space; or

3. Fronts a street and civic space.

Location on the Block

Structures that draw inspiration from an existing building

type may be integrated into the urban fabric or

streetscape with little to no additional emphasis.

All other Landmark Buildings shall be designed as

freestanding, “monumental” structures that evoke pride in

one’s community and convey a sense of timelessness.

Location On the Lot

Setback

Landmark Buildings often benefit from being set back from

the adjacent build-to lines of private development,

thereby:

1. Allowing the scale of the building to have more visual

emphasis; and

2. Creating a public space in the foreground.

The amount of this setback should be carefully determined

based on programming and the urban design objectives of

the particular site.

Multiple Buildings / Campus

Facilities with multiple buildings or a campus-like setting

shall comply with the standards of Section 2.2.100 (Multi-

building Development).

F. Vehicle Access and Parking.

To the Maximum Extent Practicable:

Parking shall not be located between a principal or

secondary façade and a primary or secondary street.

Parking requirements for the site shall be met with on-

street parallel and angled parking spaces, or via a remote

parking lot or structure.

Parking shall be accessed from a side street or alley

Parking drives and access shall be shared on adjacent lots.

Drop-off, pick-up, and associated stacking for the site shall

occur on or along a public street.

Building is Sited in a Public Space:

Vehicular access shall be limited to service and emergency

vehicle access, provided through pedestrian walkways of

sufficient width and construction.

G. Building Design

Facades and Entrances

The façade that fronts the primary street (or waterway)

shall be considered to be the building’s principal façade,

and the façade that fronts the secondary street shall be

considered to be the buildings secondary facade.

1. The principal façade shall be designed to be the most

prominent façade of the building.

2. Building entrances shall always take access from the

most prominent façades.

3. Additional entrances may be provided along secondary

and auxillary facades.

Required Frontages

Porch, Projecting Forecourt Arcade

Stoop Gallery

Per Division 5.3 (Private Frontage Standards)

These frontages are applicable to any zoning district, as

conveyed in Sub-section 5.3.30.B (Exception).

Architecture

To the Maximum Extent Practicable:

The architectural provisions of Division 5.4 (Architectural

Standards and Guidelines) shall be used to determine the

level of formality; as well as all details not explicitly

covered in this Section.

Massing

Primary Massing

Symmetrical in form

The appearance of a balanced design increases the level of

formality, and shall be encouraged.

Massing, while often larger as a whole, should be divided

into visually distinct sections.

Massing divisions should provide visual order to the

building and create vertical proportions within individual

elements.

On a Corner Lot

Landmark Buildings shall be designed with two façades of

equal, though not identical architectural quality.



Massing (continued)

In a Civic Space

Landmark Buildings located in a civic space shall be

designed with four façades of architectural quality.

Scale

Size

In order to be more prominent and visible across greater

distances, the scale of the building should be larger than

that of corresponding buildings.

Stories

Floor-to-ceiling heights and architectural details should be

proportionately larger than those of private buildings that

exist or are anticipated within adjacent blocks.

Roof Appurtenances

Prominent roof forms and additive elements such as

spires, steeples, towers, cupolas, and belfries can visually

extend the height of the building, and shall be

incorporated when practicable.

Materials

Buildings shall use durable, high quality materials that

convey a sense of permanence. These include, but are not

limited to brick, stone, and cast concrete.

Wood

In some cases wood construction is appropriate, but

should only be executed with the highest quality framing

and cladding materials.

Stucco

Stucco should be avoided as a material that lacks scale and

texture. If used, stucco should be traditional, have integral

pigment, and be scored to define human-scaled dimensions

on the façade.

Details

Building details should be designed at two scales. At the

larger scale, details should be prominent to read from a

distance. Closer to the building, the details of the lower

levels should have another measure of refinement that can

only be seen at the up-close, pedestrian scale.

H. Specific to Public Schools

In Addition to A-G Above:

Campus Location

Schools should be embedded within, and sited to the edge

of the neighborhood.

Campus Size

Elementary School shall not exceed 5 acres

Middle School shall not exceed 10 acres

High School shall not exceed 15 acres

Schools combining grade levels from more than one

category may use the grade level with the higher allowable

acreage.

J. Specific to Public Schools (continued)

Shared Facilities with the Community

To the maximum extent practicable outdoor recreation

facilities (playgrounds, courts, athletic fields) on campus

shall be integrated within a shared civic space. This shared

recreation / civic space shall count towards the minimum

Open Space requirement for the school and the

surrounding Community. Natural Resource requirements

may also be fulfilled using the shared space.

Facilities on the school campus for which there is a formal

joint-use agreement with another entity, such as athletic

facilities, playgrounds, and multipurpose spaces in buildings,

may be deducted from the total site area of the campus.

K. Specific to Churches


Church Buildings

Traditional Design. A church should be easily identifiable

with timeless features such as bell towers, steeples,

clearstory windows, and stained glass integrated into the

design. Traditionally designed buildings can be navigated

easily based on intuition without much signage. For

example, if you need a sign or large cross to tell people that

they are in the Sanctuary then the design can be improved.

Vertical Massing. The scale of the sanctuary building

should not overwhelm the block. Building features such as

arches, columns, pilasters, rooflines (including dormers),

and masonry patterns shall divide and create a vertical

orientation on larger surfaces. Once these proportions have

been established, windows (including clearstory) and doors

shall reinforce the vertical orientation of the composition.

Be Transparent. Being able to see and hear a little bit of

what's going on inside makes a church seem less

intimidating and peeks the interest of those passing by. This

is the same principal as “window-shopping,” only adapted to

a church. It is not uncommon for people to join a service

after hearing music wafting through the doors of a church.

Define Entrances. The church’s buildings should be open

and inviting, with a clear sense of where to enter. In no case

shall a church’s side doors function as a primary entry point.

Entrances Close to Pedestrians. If the church is in an

area even remotely urban use frontage elements such as

porches, stoops, galleries, arcades, and canopies to bring

the church up to the street or public space, while still

providing an area for people to gather.

Doors. Church doors should be prominent and inviting.

Church Campus

Parking. Parking lots disrupt the neighborhood fabric and

discourage members from walking to and from church,

resulting in less patronage of local shops and cafes. Parking

should be on-street, or shared with other commercial or

institutional buildings in the vicinity.

Create a Community Focal Point. Add neighborhood-

friendly features such as athletic fields, tennis or basketball

courts, a playground, an outdoor amphitheater, etc.

Permeable Campus. Churches that span more than one

block shall ensure that their campus is permeable, allowing

people to walk through the property using multiple routes.

Specific to Public Schools (continued)

Shared Facilities with the Community

To the maximum extent practicable outdoor recreation

facilities (playgrounds, courts, athletic fields) on campus

shall be integrated within a shared civic space. This shared

recreation / civic space shall count towards the minimum

civic space requirement for the school and the

surrounding development / community. Natural Resource

requirements may also be fulfilled using the shared space.

Facilities on the school campus for which there is a formal

joint-use agreement with another entity, such as athletic

facilities, playgrounds, and multipurpose spaces in buildings,

may be deducted from the total site area of the campus.

I. Specific to Churches


Church Buildings

Traditional Design. A church should be easily identifiable

with timeless features such as bell towers, steeples,

clearstory windows, and stained glass integrated into the

design. Traditionally designed buildings can be navigated

easily based on intuition without much signage. For

example, if you need a sign or large cross to tell people that

they are in the sanctuary then the design can be improved.

Vertical Massing. The scale of the sanctuary building

should not overwhelm the block. Building features such as

arches, columns, pilasters, rooflines (including dormers),

and masonry patterns shall divide and create a vertical

orientation on larger surfaces. Once these proportions have

been established, windows (including clearstory) and doors

shall reinforce the vertical orientation of the composition.

Be Transparent. Being able to see and hear a little bit of

what's going on inside makes a church seem less

intimidating and peeks the interest of those passing by. This

is the same principal as “window-shopping,” only adapted to

a church. It is not uncommon for people to join a service

after hearing music wafting through the doors of a church.

Define Entrances. The church’s buildings should be open

and inviting, with a clear sense of where to enter. In no case

shall a church’s side doors function as a primary entry point.

Entrances Close to Pedestrians. If the church is in an

area even remotely urban use frontage elements such as

porches, stoops, galleries, arcades, and canopies to bring

the church up to the street or public space, while still

providing an area for people to gather.

Doors. Church doors should be prominent and inviting.

Church Campus

Parking. Parking lots disrupt the neighborhood fabric and

discourage members from walking to and from church,

resulting in less patronage of local shops and cafes. Parking

should be on-street, or shared with other commercial or

institutional buildings in the vicinity.

Create a Community Focal Point. Add neighborhood-

friendly features such as athletic fields, tennis or basketball

courts, a playground, an outdoor amphitheater, etc.

Permeable Campus. Churches that span more than one

block shall ensure that their campus is permeable, allowing

people to walk through the property using multiple routes.



Landmark Buildings: Community Oriented Facility; Community Recreation Facility; Community Safety Facility; Meeting Facility or Place of Worship; Schools: Public or Private and College or University.

Diagram 5.2.30.A

Diagram 5.2.30.C

Diagram 5.2.30.B

Diagram 5.2.30.E:

Place of Worship sited within a T4 block.

(Credit: Steve Mouzon) .

Diagram 5.2.30.F:

School sited within a T4 block.

(Credit: Steve Mouzon)



Diagram 5.2.30.D: Small to large scale civic buildings of increasing

formality are most often associated with government and church

functions (Diagrams A-C), and are sited at prominent locations that

better the public realm.



5.2.40 Gas Station

A. Description Gas Station. A corner-lot or mid-block building

type which provides for necessary services without

sacrificing the walkability of the surrounding street

frontage. Gas pumps are located behind a

shopfront “convenience store” that addresses the

street and is designed to the dimensional and

development standards of this code.


Key

B. Applicable Uses

Offices: Upper Levels

Services: First Floor

Retail and Restaurant: First Floor

C. Location Only one Gas Station is permitted per block, per side

(block face) along a thoroughfare or street. Additionally, no

more than one Gas Station may occupy an intersection.

D. Site Design

Main Building

A Gas Station is comprised of a Main Building, gas pumps,

and related uses. Facilities that contain a cashier’s booth or

kiosk only are prohibited.

The “convenience store” shall be treated as the Main

Building on the site.

The site shall conform to the dimensional and development

standards of Article 3 (Specific to Zones).

Location

In no case shall a vehicular accessway / driveway or off-

street parking area be permitted between the principal

façade of the building and the primary street.

T1 NP T3 E

T3 SN T3 N

T4 NC T4 NC-O

T4 UC T5 MS

In this pictorial collage the Gas Station’s main building anchor’s the corner (above). The pumps (below) are appropriately scaled to the building and display architectural merit. When combined, these attributes create a more walkable and interesting streetscape.



E. Site Design (continued)

Main Building (continued)

Type

To the maximum extent practicable, the Main Building or

“convenience store” shall utilize and comply with the

standards for one of the following Traditional Building

Types:

Flex Building (Section 5.1.130)

Main Street Mixed-Use Building (Section 5.1.140)

Height

Per Article 3 (Specific to Zones)

Required Frontages

Frontage must be permitted for the building type used.

Per Division 5.3 (Private Frontage Standards)

Architecture

Per Division 5.4 (Architectural Standards and Guidelines)

Canopy and Pumps

Location on Site

Location: Behind the Main Building

When unique site conditions present, the Administrator

may permit the canopy and pumps to locate to one side

of the building, provided:

1. The canopy and pumps do not project further toward

the street than the front plane of the principal façade

of the building and shall not impede upon the private

frontage / encroachment area; and

2. On corner lots, the canopy and pumps are located on

the interior side. In no case shall the canopy and

pumps be located on the side of the lot that abuts the

corner.

Architecture

Canopies shall have the same roof shape and exterior

materials as the primary structure, and / or demonstrate

significant architectural merit. Pitched roofs are

encouraged.

No signs shall be located on any canopy.

Screening

Fences and Walls are described in detail in Division 5.5

(Fences and Walls).

Parking and service areas (including canopies and pumps)

sited behind the building shall be screened as follows:

Adjacent to a Street

A garden wall or garden wall with wrought iron fence shall

be provided along the length of the property line, and shall

be vegetated. The structure shall be a minimum of 4 feet

in height and a maximum of 6 feet in height.

Screening (continued)

Adjacent to an Alley

A hedge wall, a garden wall, or garden wall with wrought

iron fence shall be provided along the length of the

property line. The structure shall be a minimum of 4 feet

in height and a maximum of 6 feet in height.

Adjacent to a Residential Property

A fence, garden wall or garden wall with wrought iron

fence shall be provided along the length of the property line,

and vegetated. The structure shall be 6 feet in height (A

privacy fence may be utilized).

Lighting

Canopy

Location: Hidden inside the canopy

Not visible from off the site

Exception: f. Demonstrates significant

architectural merit

Freestanding

Height 15 ft. max.

Fixtures cutoff luminaries

F. Accessory Uses

Car Wash

Number of Units: 1 per site max.

Number of Bays: 1 max.

Setbacks: Same as Main Building

Building Size: 900 sf. Max.

Orientation: Bay opening shall not face ROW



Gas Station. The following Diagrams depict potential and desired configurations for Gas Stations.

Diagram 5.2.40.D: Tanker Trucks.

The vehicle entrance and pedestrian crossing are

clearly defined. Mountable curbs or flush contrasting

pavement should be used to maintain a narrow

turning radius that allows for tanker truck deliveries.

Diagram 5.2.40.C: T4NC-O.

Gas Station on the corner of the block.

Different entrance (central alley) and exit (primary street).

(credit: Steve Mouzon)

Diagram 5.2.40.A: Flex Corner Store Gas Station.

The Flex Building Type (Section 5.1.130) is ideal for a

corner gas station. This configuration provides the visibility

and access that retailers covet while maintaining a

walkable streetscape (credit: Lee Helena).

Primary Street

Secondary

Street Central Alley

Complete Town Block

Secondary

Street

Diagram 5.2.40.B: Main Street Mixed-Use

Corner Store Gas Station.

The Main Street Mixed Use Building Type (Section 5.1.140)

is ideal for a corner store gas station. This configuration

provides second story office space, allowing potential

customers populate the site, and providing incentive for the

corner store to vastly expand its offerings. The format still

affords the visibility and access that retailers covet while

maintaining a walkable streetscape (credit: Lee Helena).



5.2.50 Large Footprint Building

A. Description Large Footprint Building. A building type that

appropriately accommodates a large building

envelope devoted to a single use in excess of 35,000

sf. Large Footprint Buildings are required to provide

commercial, office, or residential liner space along

each facade that fronts a public street or space.

Those functions deemed applicable for a Large Footprint

Building are conducive to a walkable environment, and:

The use is inherently associated with long blank

exterior walls, requiring special treatment (i.e. parking

garage, movie theater, etc.); and / or

The function is associated with a single story structure

whose mass (20 to 30 ft tall) often equals that of a

standard 2-3 story building (e.g. building supply,

grocery store, etc.), While a multi-story format is

encouraged, a single story building with liners is equally

beneficial to the public realm.


Key

B. Applicable Uses

Shall Only Apply To Buildings over 35,000 sf.

Occupied by the Following Uses:

Retail and Restaurants:

General retail in the form of:

Building Supply / Hardware

Grocery Store

Sporting Goods Store

Department Store

Movie Theater

Warehouse Club

Vehicle Sales and Rental: Automobiles, Light Trucks, &

Boats

Recreation, Education, Safety, Public Assembly:

Recreation and Entertainment Facility: Indoor

Transportation, Communications, Infrastructure:

Parking Facility: Public or Commercial

Transportation Terminal

C. Site Design

To the maximum extent practicable the site shall

conform to the dimensional and development standards

of Article 3 (Specific to Zones).

D. Lot

Lot Size

Width Max. width of block face

Depth Max. depth of block face

Credit: Piper Obrien Herr Architects

T1 NP T3 E

T3 SN T3 N

T4 NC T4 NC-O

T4 UC T5 MS

This pictorial collage demonstrates how a large footprint structure that is typically associated with an auto-centric, suburban

location can be sited in an “in-town” setting that maintains an interesting streetscape and promotes walkability.



E. Building Design

Building Type

To the maximum extent practicable, the Large Footprint

Building shall utilize and comply with one of the following

Traditional Building Types found in Division 5.1:

Flex Building (Section 5.1.130)

Main Street Mixed-Use Building (Section 5.1.140)

Building Liners

In addition to each entrance provided for the “anchor” use,

the Large Footprint Building shall be designed to include

additional commercial, office, or residential liner space along

every facade that fronts a public street or public space.

Size of “Anchor”: % of each façade comprised

of “liner” frontage:

35,000 sf. – 65,000 sf.

> 65,000 sf.

Parking Garage

50% min.

75% min.

100% min.

Liner space shall be a minimum of 15 ft. in depth and shall be

attached to the Large Footprint Building in a manner that

contributes to a facade,

F. Building Size and Massing

Height

The Large Footprint Building shall comply with the standards

for Building Height conveyed in Article 3 (Specific to Zones).

Anchor Space

Except for parking garages, the anchor for a Large Footprint

Building shall be one story. Should the actual building mass

(frequently 20 to 30 ft tall) exceed the maximum permitted

height for a floor, then the anchor space shall count as two

or more stories.

Liner Space

Liners space shall be a minimum of one story in height.

Story height for a liner space may be less than that for the

anchor space, as depicted in Diagram 5.2.50.A (Large

Footprint Site).

Required Frontages

Dooryard Terrace Arcade

Shopfront Gallery

As conveyed in Division 5.3 (Private Frontage Standards)

Architecture

Per Division 5.4 (Architectural Standards and Guidelines)

Architectural appurtenances are strongly encouraged,

G. Pedestrian Access

Per the standards for the underlying building type in 5.1

(Traditional Building Types).

Every habitable space on the ground floor shall locate its

main entrance along the façade such that it provides access

directly from the street right-of-way.

The pedestrian entrance for the “anchor” use may breach

the “liner space” and address the perimeter street frontage

in the form of a storefront “entry nose.” See Diagrams

5.2.50.A: (Large Footprint Site); 5.2.50.C: (Corner Site).

.

H. Vehicular Access and Parking

Access

Per the standards for the underlying building type in

Division 5.1 (Traditional Building Types),

Vehicular access to a parking garage shall be provided

through an alley, where available, or directly from a

secondary street. Direct access from a primary street shall

not be permitted.

Parking

To the maximum extent practicable on-site parking shall

be located as conveyed in Article 3 (Specific to Zones).

Front-loaded Parking

Facilities that desire a front-loaded parking lot shall be

strongly discouraged, and shall only be permitted if:

1. The facility and parking is sited internal to the lot /

block; and

2. The facility is appropriately “lined” with commercial,

office, or residential space (as conveyed in this Section);

and

3. The facility and parking is constructed as part of a

larger, multi-building project as conveyed and depicted

in Sub-section 2.2.100 (Multi-building Development);

and

4. The facility and parking is “wrapped” by outparcels /

perimeter buildings that occupy a minimum of 70% of

the perimeter street frontage (primary and secondary);

and

5. The “Front-loaded” parking area abuts a rear or side-

loaded parking area for one or more perimeter

buildings on the site (See Diagram 5.2.50.D: Front-

Loaded Parking). If possible this parking shall be shared.

Diagram 5.2.50.A: Large Footprint Site.

A Large Footprint Building with attached liner space

and detached liner buildings fronting the street.

(Credit: Gibbs Planning Group).



Diagram 5.2.50.D: Front Loaded Parking.

The front loaded parking area for the Large Footprint

Building abuts the rear loaded parking area for the

site’s perimeter buildings. The parking is shared.

Liner Space Liner Space

Diagram 5.2.50.B: Large Footprint Building. A Large Footprint Building with “liners” fronting the

street or public space.

Diagram 5.2.50.C: Corner Site. Large Footprint Building with an

“entry nose” on the corner.

Out-

parcel

Building

Out-

parcel

Building

Anchor

Building

Entrance

Entrance

Street

Street

Parking

Entrances





Division 5.3: Private Frontage Standards

Section: Page #

5.3.10 Purpose 5-39






5.3.70 Stoop 5-45 5.3.80 Forecourt 5-46


5.3.100 Shop Front 5-48

5.3.110 Terrace 5-49

5.3.120 Gallery 5-51

5.3.130 Arcade 5-52

5.3.10 Purpose

This Division sets forth the standards applicable to the development of private frontages. Private frontages are the components of a building that provide an important transition and interface between the public realm (street and sidewalk) and the private realm (yard or building). These standards supplement the standards for each zone that the frontage types are allowed within. For each private frontage type, a description, a statement of the type’s intent, and design standards are provided. These standards are intended to ensure development that reinforces the highly-valued existing character and scale of the Town of Port Royal.


These standards work in combination with the standards found in Article 3 (Specific to Zones), Division 5.1 (Traditional Building Types), Division 5.2 (Exceptional Building Types), and are applicable to all private frontages within transect zones.

5.3.30 Private Frontages Overview

A. Table 5.3.30.A (Private Frontages – General) provides an overview of the required private frontage types.

B. Exception. A Landmark Building may incorporate a permitted Required Frontage, as conveyed in Sub-section 5.2.30.G (Building Design) in any zoning district.

5.3.30 Private Frontage Standards


5.3.30.A: Private Frontages – General

The private frontage is the area between the building facade and the lot line.

SECTION PLAN

LOT/

PRIVATE FRONTAGE

R.O.W. LOT/

PRIVATE FRONTAGE

R.O.W.

Common Yard. The main facade of the building has a large planted setback from the frontage line providing a buffer from the higher-speed

thoroughfares. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape and working in conjunction with the other private frontages.

T1 T3 T4 T5

Porch: Projecting. The main facade of the building has a small to medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The projecting porch is open on three sides and all habitable space

is located behind the setback line.

T1 T3 T4 T5

Porch: Engaged. The main facade of the building has a small to medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The engaged porch has at least two adjacent sides of the porch engaged to the building while the other sides are open.

T1 T3 T4 T5

Stoop. The main facade of the building is near the frontage line and the elevated stoop engages the sidewalk. The stoop shall be elevated above the sidewalk to ensure privacy within the building. Stairs from the stoop may lead directly to the sidewalk or may be side-loaded. This type is appropriate for residential uses with small setbacks.

T1 T3 T4 T5

Forecourt. The main facade of the building is at or near the frontage line and a small percentage is set back, creating a small court space. The space could

be used as an entry court or shared garden space for apartment buildings, or as an additional shopping or restaurant seating area within commercial areas.

T1 T3 T4 T5

Private Frontage Standards 5.3.30


5.3.30.A: Private Frontages – General (continued)

The private frontage is the area between the building facade and the lot line.

SECTION PLAN

LOT/

PRIVATE FRONTAGE

R.O.W. LOT/

PRIVATE FRONTAGE

R.O.W.

Dooryard. The frontage line is defined by a low wall or hedge and the main facade of the building is set back a small distance creating a small dooryard. The dooryard shall not provide public circulation along a ROW. The dooryard may be

raised, sunken, or at grade and is intended for ground floor residential in flex zones, live/ work, and small commercial uses.

T1 T3 T4 T5

Shopfront. The main facade of the building is at or near the frontage line with an at-grade entrance along the public way. This type is intended for retail use. It has substantial glazing at the sidewalk level and may include an awning that may overlap the sidewalk. It may be used in conjunction with other frontage types. Syn: Retail Frontage, Awning.

T1 T3 T4 T5

Terrace. The main facade is at or near the frontage line with an elevated terrace providing public circulation along the facade. This type can be used to provide at-grade access while accommodating a grade change. Frequent steps up to the terrace are necessary to avoid dead walls and maximize access. This type may also be used to mimic historic loading docks.

T1 T3 T4 T5

Gallery. The main facade of the building is at the frontage line and the gallery element overlaps the sidewalk. This type is intended for buildings with ground-floor commercial uses and may be one or two stories. The gallery should extend far enough from the building to provide adequate circulation for pedestrians and extend close enough to the curb so that a pedestrian cannot bypass it.

T1 T3 T4 T5

Arcade. An arcade is a covered walkway with habitable space above often encroaching into the

ROW and should extend far enough from the building to provide adequate protection and circulation for pedestrians. This type is intended for buildings with ground floor commercial uses and is common along public courtyards and passageways. Syn: Colonnade

T1 T3 T4 T5



5.3.40 Common Yard

Key

A. Description

Common Yard. The main facade of the building has

a large planted setback from the frontage line

providing a buffer from the higher-speed

thoroughfares. The front yard created remains

unfenced and is visually continuous with adjacent

yards, supporting a common landscape and working in

conjunction with the other private frontages.

B. Size

Depth 20 ft. min. C. Miscellaneous

Fences between front yards or between the sidewalk and front yard are not allowed.

Common Yard Frontages shall be used in conjunction with another required private

frontage type, such as a porch.

An example of a Common Yard

The front yards of these houses form a continuous

Common Yard.

T1 T3 T4 T5



5.3.50 Porch: Projecting

B

Key

A. Description

Porch: Projecting. The main facade of the building

has a small to medium setback from the frontage line.

The resulting front yard is typically very small and can

be defined by a fence or hedge to spatially maintain the

edge of the street. The Projecting Porch is open on

three sides and all habitable space is located behind

the setback line.

B. Size

Width, Clear 10 ft. min. Depth, Clear 8 ft. min. Height, Clear 8 ft. min. Height 2 stories max.

Finish Level above Sidewalk 18 inches min. Stairs 3 ft. min. clear area C. Miscellaneous

Projecting Porches are open on three sides and must

have a roof.

In transect zones where both Projecting Porches and

encroachments are allowed, a Projecting Porch is an

allowable encroaching element.

A wrap-around Projecting Porch.

A two-story Projecting Porch.

T1 T3 T4 T5

A two story side-yard

Projecting Porch



5.3.60 Porch: Engaged

B

Key

A. Description

Porch: Engaged. The main facade of the building has

a small to medium setback from the frontage line. The

resulting front yard is typically very small and can be

defined by a fence or hedge to spatially maintain the

edge of the street. Traditionally, the Engaged Porch has

two adjacent sides engaged (attached) to the building

while the other sides are open. An Engaged Porch may

may also be attached on three sides (photo at right).

The porch is typically recessed and centered.

B. Size

Width, Clear 10 ft. min. Depth, Clear 8 ft. min. Height, Clear 8 ft. min. Height 2 stories max. Finish Level above Sidewalk 18 inches min. Stairs 3 ft. min. clear area

C. Miscellaneous

Engaged Porch with 2 sides attached to the building: The porch and up to 2/5 of the building façade may

project beyond the setback line into the

encroachment area.

Engaged Porch with 3 sides attached to the building:

Neither the porch nor any aspect of the façade may encroach beyond the setback line into the encroachment area. Engaged Porches must be open on one, but no more

than two sides. They must have a roof.

T1 T3 T4 T5

An example of a porch that is engaged on three sides.

An example of a porch that is engaged on two sides.



5.3.70 Stoop

Key

A. Description

Stoop. The main facade of the building is near the

frontage line and the elevated Stoop engages the

sidewalk. The Stoop shall be elevated above the

sidewalk to ensure privacy within the building. Stairs

from the Stoop may lead directly to the sidewalk or

may be side- loaded. This type is appropriate for

residential uses with small setbacks.

B. Size

Width, Clear 5 ft. min.; 8 ft. max. Depth, Clear 5 ft. min.; 8 ft. max. Height, Clear 8 ft. min. Height 1 story max.

Depth of Recessed Entries 6 ft. max.

Finish Level above Sidewalk 18 inches min. C. Miscellaneous

Stairs may be perpendicular or parallel to the building

facade.

Ramps shall be parallel to the facade or along the side

of the building.

The entry door shall be covered or recessed to

provide shelter from the elements.

All doors must face the street.

A raised Stoop on a single-family dwelling.

A series of Stoops on townhouses with a minimum setback

engage the street.

T1 T3 T4 T5



5.3.80 Forecourt

Key

A. Description

Forecourt. The main facade of the building is at or

near the frontage line and a small percentage is set

back, creating a small court space. The space could be

used as an entry court or shared garden space for

apartment buildings, or as an additional shopping or

restaurant seating area within commercial areas.

B. Size

Width, Clear 12 ft. min. Depth, Clear 12 ft. min. Ratio, Height to Width 2:1 max. C. Miscellaneous

Forecourts should be used sparingly and should not be

repeated along a block frontage.

The proportions and orientation of these spaces

should be carefully considered for solar orientation

and user comfort.

This residential Forecourt provides a prominent entry yard

and breaks down the overall massing along the street.

This commercial Forecourt provides an outdoor dining area

along a vibrant commercial street. The ROW is defined by a low wall that separates the public and private realm.

T1 T3 T4 T5



5.3.90 Dooryard

C

Key

ROW / Property Line Setback Line

A. Description

Dooryard. The frontage line is defined by a low wall or hedge and the main facade of the building is set back a small distance creating a small Dooryard. The Dooryard shall not provide public circulation along a ROW. The Dooryard may be raised, sunken, or at grade and is intended for ground floor residential in flex zones, live/ work, and small commercial uses 2,500 SF or less.

B. Size

Depth, Clear 8 ft. min. A

Length 50 ft. max B

Distance between Glazing 4 ft. max. C

Ground Floor Transparency 50% min.1

An example of a series of small commercial Dooryards. Depth of Recessed Entries 5 ft. max.

Path of Travel 3 ft. wide min. D

Finish Level above Sidewalk 3-6 inches max. E

Finish Level below Sidewalk 6 ft. max.

1 For live/work and commercial uses only.

C. Miscellaneous

For live/work and commercial uses, these standards are

to be used in conjunction with those for the Shopfront

frontage type. In case of conflict between them, the

Dooryard frontage type standards shall prevail.

Low walls used as seating are encouraged.

Shall not be used for circulation for more than one

ground floor entry.

An example of a series of residential Dooryards. Each

dooryard has its own steps with railings providing

separation between the dooryards of adjacent units.

.

T1 T3 T4 T5



5.3.100 Shopfront

KEY


A. Description

Shopfront. The main facade of the building is at or near

the frontage line with an at-grade entrance along the

public way. This type is intended for retail use. It has

substantial glazing at the sidewalk level and may include an

awning that may overlap the sidewalk. It may be used in

conjunction with other frontage types.

B. Size

Distance between Glazing 2 ft. max. A

Ground Floor Transparency 75% min.

Depth of Recessed Entries 5 ft. max.

C. Awning

Depth 4 ft. min. B

Setback from Curb 2 ft. min. C

Height, Clear 8 ft. min. D

D. Miscellaneous

Doors may be recessed as long as the main facade is at

the BTL.

Operable awnings are encouraged.

Open-ended awnings are encouraged.

Rounded and hooped awnings are discouraged.

Shopfronts with accordion style doors / windows,

or other operable windows that allow the space to

open to the street are encouraged.

An example of a Shopfront with a recessed entry.

An example of a Shopfront frontage used in conjunction with

a Gallery frontage. This combination protects the pedestrian,

allowing for a more pleasant shopping or dining experience.

T1 T3 T4 T5



5.3.110 Terrace

Key


A. Description

Terrace. The main facade is at or near the frontage line

with an elevated Terrace providing public circulation along

the facade. This type can be used to provide at-grade

access while accommodating a grade change. Frequent

steps up to the terrace are necessary to avoid dead walls

and maximize access. This type may also be used in

historic industrial areas to mimic historic loading docks.

B. Size


Finish Level above Sidewalk 3 ft. 6 inches max. B

Length of Terrace 150 ft. max.

Distance between Stairs 50 ft. max. C

C. Miscellaneous

These standards are to be used in conjunction

with those for the Shopfront frontage type. In

case of conflict between them, the Terrace

An example of a Terrace in a historic industrial district.

frontage type standards shall prevail.

Low walls used as seating are encouraged.

If the building is located in a floodplain, the finish level above the sidewalk may exceed 3’6”

An example of a Terrace used to accommodate a change in

grade. The low walls are used to provide seating.

T1 T3 T4 T5



A Terrace accommodating a grade change along a series of Shopfronts.



5.3.120 Gallery

Key


A. Description

Gallery. The main façade of the building is at the

frontage line and the Gallery element overlaps the

sidewalk. This Type is intended for buildings with

ground-floor commercial uses and may be one or two

stories. The Gallery should extend far enough from the

building to provide adequate protection and circulation

for pedestrians and extend close enough to the curb so

that a pedestrian cannot bypass it.

B. Size


Ground Floor Height, Clear 11 ft. min. B

Upper Floor Height Clear 9 ft. min. C A one-story Gallery.

Height 2 stories max. D

Setback from Curb 2 ft. min.; 3 ft.

max. E

C. Miscellaneous

These standards are to be used in conjunction with

those for the Shopfront frontage type. In case of

conflict between them, the Gallery frontage type

standards shall prevail.

Upper-story Galleries facing the street must not be used

to meet primary circulation requirements.

Galleries must have a consistent depth along a frontage.

Galleries must project over a sidewalk.

A two-story Gallery.

T1 T3 T4 T5



5.3.130 Arcade

Key


A. Description

Arcade. A covered walkway with habitable space above

often encroaching into the ROW. The Arcade should

extend far enough from the building to provide adequate

protection and circulation for pedestrians. This type

is intended for buildings with ground floor commercial

uses and is common along public courtyards. Syn:

Colonnade

B. Size


Ground Floor Height, Clear 14 ft. min. clear B

Setback from Edge of Curb 1 ft. min. / 2 ft. max.1 C

1 Setback may be greater than 2' if arcade is located

completely outside of ROW.

C. Miscellaneous

These standards are to be used in conjunction

with those for the Shopfront frontage type. In

case of conflict between them, the Arcade

frontage type standards shall prevail.

Arcades must have a consistent depth along a frontage.

Arcades with more than 2 floors of habitable space above

the colonnade may not encroach onto a public ROW, and

must be located so that it abuts a public ROW.

.

T1 T3 T4 T5

In the example above the arcade encroaches upon the

public ROW, providing the only means of pedestrian

circulation. Below, the Arcade is set back, providing

additional space for pedestrian circulation, dining, or display.


Division 5.4: Architectural Standards and Guidelines

Section: Page #

5.4.10 Purpose 5-53




5.4.10 Purpose

The purpose of this Division is as follows:

A. To provide standards and guidelines that achieve and promote a consistently high level of design for the Town’s most intense and most visible development; and

B. To encourage new and renovated buildings to reflect the distinct characteristics of the Town of Port Royal and the lowcountry.


A. The standards and guidelines in this Division should be used to promote, enhance, and maintain walkable places of character, and to maximize the application of appropriately-scaled elements and aesthetics. These provisions are applicable to::

1. All proposed development within the T4NC, T4NC-O, T4UC and T5 MS Zones.

2. All proposed development within the T1NP, T3E, T3SN, and T3N Zones except Single-Family Detached and Two-Family Residential Uses.

B. Why All Applicants Should Review this Division. The design measures contained in this Division embody the historic traditions and unique characteristics of Port Royal’s built form; a form that its citizens have come to know and cherish.

Traditional design elements are not only aesthetically pleasing; they incorporate time-honored strategies that are energy efficient and cost effective. Therefore, while technically not required, it is strongly recommended that all applicants wishing to develop in the Town review these provisions.

C. Standards and Guidelines. This Division includes both standards and guidelines. Statements predicated by the words "shall" or "must" are to be interpreted as standards. Statements predicated by the words "should" or "may" are to be interpreted as guidelines.

5.4.30 General Architectural Standards

The purpose of this Section is to provide general architectural standards that result in a quality built environment in keeping with the character of the Town. This is achieved by adhering to time-honored architectural design principles and incorporating additional architectural elements that blend harmoniously with the natural surroundings.

5.4.40 Architectural Standards and Guidelines


A. Building Scale and Massing.

1. Compatibility with Surrounding Buildings. Building design shall take into account the immediate off-site surrounding structures, and provide mass, height and building elevations, so as to create substantially compatible scale with adjacent structures.

2. Building Massing. Buildings shall incorporate variations in wall heights, façade articulations and varied roof planes and pitches. Wall planes shall be divided into modules that express traditional dimensions such that a primary facade plane shall not exceed 75 feet in length. If a wall plane exceeds this dimension, then a jog shall be provided to divide it into subordinate elements each less than 75 feet in length.

B. Façade Features. Building façades shall be designed to provide visual interest through detail and ornamentation that is viewed at both the immediate pedestrian level as well as from a distance.

1. Wall Planes. Wall planes shall be divided into smaller components by the arrangement of windows and other facade articulation features, such as columns, pilasters, and canopies.

2. Entrances. The main entrance to a building shall be clearly identifiable and shall be oriented to face a public street, internal street, or public space. Entrances shall incorporate design features such as canopies, porticos, arcades, raised cornice parapets or peaked roof forms over the doorways, arches, and display windows.

3. Vertical Articulation. For all multi-story buildings, the building elevations shall clearly reflect a bottom (first) floor and its representative interior height, a middle ground consisting of all floors above the first floor and a visually pronounced building top that consists of a defined cornice at the top of the parapet roof section or at the transition of the sloped roof section.

C. Roofs

1. Concealing Rooftop Equipment. Where mechanical HVAC equipment, satellite dish structures, and other equipment are located on a roof, the roof structure shall be designed to be tall enough to completely conceal the equipment from any public street or space.

2. Building Articulation. Varied roof pitches and planes shall be used to break up the massing of larger buildings. Long, unarticulated roofs are prohibited.

D. Accessory Buildings. To the maximum extent practicable, an accessory building’s color, siding, roof pitch, window detailing, roofing materials, and foundation shall be compatible with the principal building on the lot.

5.4.40 Architectural Expression and Formality

A. This Section reflects and summarizes the range of traditional architectural expression and formality that occurs within the Town of Port Royal. Historically, architecture in more rural places has generally been less formal, and characterized by vernacular treatments, including simple, low-slung massing, wood detailing, and a muted color palette. Architecture in more urban places has generally been more formal, characterized by more classical treatments, including vertically-proportioned massing, detailing in masonry and stucco, and a broader range of colors.

B. Overview of Architectural Expression and Formality. There are three broad categories of architectural expression distinguished in this section: Lowcountry Vernacular, Village Revival, and Mainstreet Classical. Architectural expression can be applied with varying degrees of formality as illustrated in Table 5.4.40.A. (Town of Port Royal Architectural Expression and Formality).

C. While additional architectural styles and precedents do exist, these three categories (Lowcountry Vernacular, Village Revival, and Mainstreet Classical) represent the majority of elements traditionally applied to development within the Town of Port Royal. Since regulatory differences are

Architectural Standards and Guidelines 5.4.40


present amongst the three categories, it is strongly recommended that the applicant and Administrator / Town Architect engage in a pre-application meeting prior to any submittal.

Ultimately, the Administrator / Town Architect shall determine whether a submittal is reviewed as Lowcountry Vernacular, Village Revival, or Mainstreet Classical.

Table 5.4.40.A: Town of Port Royal Architectural Expression and Level of Formality

Architectural

Expression and

Level of Formality

Rural

And

Sub-urban Places

Neighborhoods

And

Community Centers

Downtown

Lowcountry

Vernacular

(5.4.40.B)

Village Revival

(5.4.40.C)

Main Street

Classical

(5.4.40.D)

Transect Zones T1 T2 T3 T4 T5






Table 5.4.40.B: Lowcountry Vernacular

A. Architectural Expression and Formality

Description

In rural and low intensity sub-urban areas, commercial and multi-family buildings should reflect vernacular rural forms. These include simple residential prototypes, and agricultural prototypes, such as packing sheds, barns, and warehouses. Essential characteristics include:

1. Simple, 1 to 1.5 story rectangular massing, with straight, gabled roof forms

2. Raised foundations 3. Simple eaves, often with exposed rafter tails 4. Simply detailed, broad, often wraparound

porches Shophouse prototype. 5. Predominantly wooden architectural vocabulary

6. Muted color palette, predominantly white or off- white

7. South facing porches, large windows, and high ceilings

Commercial Buildings

Commercial buildings are typically residential in character with simple modifications to accommodate commercial activities.

Multi-Family Buildings

Multi-family buildings appear as two or more units that are configured to resemble a large single-family house.

Mixed-Use or Larger Commercial Buildings

Mixed-use or larger commercial structures find precedent in the vernacular packing sheds, barns, and

warehouses of the Lowcountry.

Residential Buildings

Residential structures find precedent in the vernacular small cottages and narrow two story houses of the Lowcountry.

Mixed-use prototype.

Multi-family prototype.



Basic Massing Openings and Composition Illustrative Elevation

Shophouse building 5-bay composition Conceptual elevation

Multi-family prototype 5-bay composition Conceptual elevation

Mixed-use prototype 4-bay composition with gallery Conceptual elevation



Basic Massing Illustrative Elevation

1-Story Small Scaled Residential Conceptual elevation

2-Story Medium Scaled Residential Conceptual elevation

Manufactured Home Conceptual elevation




B. Massing

General Massing

Buildings are typically simple combinations of one or

more rectangular forms.

Roofs

Roofs are typically simple, gable-end or hipped forms.

Simple commercial and multi-family buildings typically

have relatively steep slopes, ranging from 8 in 12 to

10 in 12. Larger commercial buildings may

have slopes from 4 in 12 to 8 in 12.

Shed (monopitch) roofs shall only be attached to the

principal building walls, with a minimum slope of 2 in

12.

Porch roofs may have a lower pitch with a minimum

slope of 3 in 12.

Applied Mansard roofs are not allowed.

Roof-Wall Connections

Eaves typically employ exposed rafter tails, with a

minimal fascia depth.

Roof overhangs shall have a minimum 1’ overhang at

eave and rake.

Primary Walls

Primary walls should be clad in siding (wood or

cementitious). Siding may be horizontal lap, ship-lap,

or vertical board and batten.

Siding may be mitered at building corners or clad with

a minimum 4" trim board. Trim board is typically 6".

Exposed wood may be painted, stained, weathered,

or left natural.

Base

Primary walls should rest on a drip edge and water

table made from wood or cementitious boards over

foundation piers.

Foundation piers shall be no less than 12" square. If

the foundation is taller than 4’ above grade, than the

foundation piers shall be no less than 16’’ square.

Crawlspace openings and the undercroft of

foundations, decks, and porches shall be framed

in with a 2" minimum recessed lattice, vertical pickets

and/or hogs pen pattern (wood or similar).

Typical Eave Detail

Typical Bracketed Eave Detail

Typical Building Sill

Drip edge and water table

Foundation piers

Lattice, vertical pickets or

hogs pen pattern


Roof Design: Roofs are the greatest source of potential

heat gain in the warmest months of the year when the

midday sun is directly overhead. A light- colored, reflective

roof surface is most effective in minimizing heat gain.



Horizontal Siding

Corner Board

Foundation piers Lattice, vertical pickets or

hogs pen pattern

Typical partial elevation


Overhangs: Roof overhangs on the south side of the house provide shade in the summer (when the sun is high in the

sky), and allow sunlight and warmth into the house during the winter (when the sun is at a lower altitude). Overhangs

also direct water away from the building and foundation, and protect pedestrians from sun and inclement weather.


Foundation: Just as human-beings contain a base, body, and top (feet, torso, head), so to should every building. The base of a building

is its’ Foundation, or the portion of the structure that makes contact with the earth. A Foundation conveys a sense of permanence,

strength, and contributes to the vertical proportion and symmetry.

Raised Foundation: Residential homes contain a raised foundation of piers and crawlspace, protecting the main body of the home

from flooding, while allowing air to circulate and prevent water damage or mold. Additionally, a raised foundation with porch or stoop

elevates residents (and windows) above the street, allowing for easy interaction with passerby’s, while maintaining a sense of privacy.




C. Openings

Façade Composition

Building elevations are typically divided into simple

facade compositions of equal bays. Three, five, and

seven-bay compositions are predominant.

Windows

Windows are typically double hung with first story

windows taller than upper story windows.

Window openings shall have vertical proportions, or

may be square.

Windows shall be framed with a minimum 3.5" wood

or fiber cement trim.

All windows shall have a sill. The sill should not be

integrated into a "picture frame" surround.

Windows are typically vertically-proportioned and

multi-paned with exterior true or simulated muntins.

Window panes may be in a 1-over-1, 2-over-2, or

6-over-6 divided light pattern.

When windows are ganged together, a 3" minimum

mullion shall be between each individual window.

Shutters, when used, shall be sized equal to half the

width of the window, the same height as the window,

and shall be operable.

Doors

Doors shall have a trim surround with a 3.5"

minimum wood or fiber cement trim.

Panels and windows should be simple and rectilinear.

Transom windows are allowed.

Typical upper floor window

window

Typical door

Typical window head

Typical window sill


Operable Shutters: Shutters are solid or slatted window covers that originated in Greece and were originally designed

for light control, ventilation, and protection from the elements in a tropical environment.

One of the very basic premises that all shutters should have is that they look like they could actually protect your windows.

That means that if they could be closed, they would cover the window. Too many houses are designed with windows that

were never intended to have shutters.

Aesthetically pleasing, operable exterior shutters provide shade, keeping the hot sun out and allowing cool breezes to

ventilate the building. Operable shutters also provide an additional level of household security; as well as enhanced weather

protection during storms and hurricane season. Shutters should only be used if they can perform one of these tasks.



Simplified entablature

Simple window pattern

Windows recessed from

adjacent materials

Recessed and chamfered

entryway

Recessed shop front panels

Typical shopfront elevation

Typical shopfront plan

Recessed and chamfered

entryway


adjacent materials

C. Openings (continued)

Shopfronts

All regulations regarding windows and doors

described in this Section apply to windows and doors

that are a part of a shopfront assembly.

Shopfronts are typically composed of doors and

windows that are residential in character.

Shopfront infill assemblies shall be made of painted or

varnished wood, aluminum-clad wood, or painted

metal.

Porches, galleries, and awnings may be incorporated

into shop front designs.

See Section 5.3.100 (Shopfront) for more standards.


Expansive Shopfront Windows: Shopfront windows are expansive with

a high degree of transparency. This visually connects activities taking place

within the shop with those occurring on the sidewalk, promoting window-

shopping and other interaction. This differs from residential windows, which are

far more minimal and often raised, in keeping with the desire for privacy. A

streetscape of transparent and interesting Shopfronts increases pedestrian

activity and social engagement, benefitting all surrounding businesses.

Section through a typical shop front




D. Attached Elements

Porches

Porches typically extend across the entire length of

the facade or are utilized to frame a primary

entrance, and may be 1 or 2 stories in height.

Bay spacing on porches, while occasionally broad,

shall be vertically proportioned or square.

Porches may be found in settings as the primary

entrance into buildings that have a predominantly

residential form. In other instances, Galleries may be

used.

Columns shall be…

Width: 6” min.

Shape: Square

Porches shall be made predominantly of

wood.

The undercroft of decks and porches shall be

enclosed with lattice, vertical pickets or horizontal 1 x

4’s.

Railing spindles and pickets on porches shall not exceed 4” on center, or as required by the Building

Code, whichever is less.

See Sections 5.3.50 (Porch: Projecting) and

5.3.60 (Porch: Engaged) for more standards.

Galleries

Galleries are typically found on buildings with a

commercial form.

Bay spacing on galleries shall be vertically

proportioned or square.

Columns shall be…

Width: 6” min.

Shape: Square

See Section 5.3.120 (Gallery) for more standards.

Balconies

Balconies shall be made of wood or metal, and may

be open or covered.

Spindles and balusters on balconies shall not exceed

4" on center, or as required by the Building Code,

whichever is less.

Second floor balconies shall have a minimum height

clearance of 10' from grade. Supporting brackets shall

have 8' minimum clearance from grade.

Upper floor balconies shall be a minimum of 3' deep.

Accessibility

ADA ramps are encouraged to be incorporated into

the architecture of the building, generally along the

side or rear facade.

Typical porch or gallery detail

Typical one-story porch Typical one-story gallery

Elevation and section of a typical balcony



Table 5.4.40.B: Lowcountry Vernacular Table 5.3.40.B: Lowcountry Vernacular

E. Materials E. Materials (continued)

Permitted Materials Permitted Materials

Cladding Siding materials: wood; composition Trim Wood, composition board, fiber-

Board; fiber-cement board cement board, and molded

with horizontal shiplap, millwork for built-up sections. For

beaded lap, or beveled profile, or soffits and porch ceilings: GWB,

vertical board and batten. Vinyl plaster, T&G wood, exposed

siding is not permitted. T-111 rafters, or composite. Continuous

siding is not allowed. Corrugated perforated soffit materials and the

metal is allowed, but only at the use of vinyl panel systems are

discretion of the Administrator. not permitted.

Foundations Brick, painted, poured in place Gutters Half round or ogee-profile metal.

concrete, stucco, or tabby. PVC is not permitted.

Roofing Narrow standing seam metal, Downspouts Round or rectangular metal. PVC is

painted or unpainted 5-V or 8-V not permitted.

panel, rolled asphalt, or fiberglass Railings Square balusters, turned spindles in

shingles. Corrugated metal is wood or wrought iron. PVC trim is

allowed at the discretion of the not permitted.

Administrator. Columns Wood, fiberglass, or composite.

Windows Wood, aluminum-clad wood, vinyl, Chimneys Common brick, stucco, or tabby.

fiberglass, or extruded PVC. Glass Signage Per Division 5.9 (Signs).

should be clear and non-reflective. Additions Existing, matching materials may be

Doors Principal doors in wood, aluminum- used if approved by the

clad wood, vinyl-clad wood, factory- Administrator.

painted aluminum, or fiberglass.

French doors and sliders in wood,

aluminum-clad wood, or fiberglass.


Porches: Porches provide outdoor living space that is shaded from the sun and protected from the

elements; yet still permits breezes to infiltrate the body of the building. This helps to save energy and reduce

costs. Aesthetically, they provide architectural interest and delineate the building’s entrance. The Porch also

helps to transition the private and public realm, encouraging both neighborly and community interaction.


Traditional Materials: Elements such as wood, brick, stone, concrete, stucco, and tabby are derived from the earth and

provide a sense of connection with our environment, as they are more likely to me mined or farmed locally. Buildings comprised

of these materials can last for centuries, conveying a sense of authenticity, strength, and longevity. Furthermore, they can be

patched, painted, and repaired rather easily. While synthetic and highly processed materials such as vinyl, PVC, or aluminum may

be less expensive initially, or require less maintenance, they are not built for longevity. Ultimately they fail. When they do, they

must be replaced altogether. As a whole, this is far more costly and less sustainable than the use of Traditional Materials.



Steep-sloped roof and porch on a residential-form building. Wood siding and simple gable form on a commercial building.

Two-story porch with vertically-proportioned bays. Gallery and Shopfront windows with residential character.

Roof eaves with exposed rafter tails. Wood siding and gables for informal commercial buildings.



Table 5.4.40.C: Village Revival


Description In urban centers and established areas of community outside the Town core, commercial and multi-family buildings should reflect a combination of vernacular and more formal architecture. These include more formal residential prototypes utilized for commercial purposes, and commercial and mixed-use prototypes constructed of more permanent and durable materials. Essential characteristics include: 1. Simple, 2 to 2.5 story massing, with predominantly

gabled or hipped roof forms, and some parapeted roofs.

2. Raised or at-grade foundations. Simple Commercial Prototype.

3. Both enclosed eaves with simplified classical

detailing and exposed rafter ends are appropriate. 4. Multi-storied, wrap-around porches with simplified

classical detailing. 5. Mixed architectural vocabulary, utilizing wood,

stucco, and masonry. 6. Muted colors and materials, predominantly white

or off-white, with masonry tones and occasional brighter accent colors.

Commercial Buildings Commercial buildings are typically commercial in character, appearing as detached, single-use structures with parapetted or gabled, pedimented roof forms, and formal storefronts.

Multi-Family Buildings Multi-family Prototype: Attached Rowhouses.

Multi-family buildings may appear as two or more

units that are configured to resemble a large single- family house, or as attached rowhouses.

Mixed-Use or Larger Commercial Buildings Mixed-use or larger commercial structures are modest in scale, and appear as both detached commercial buildings and attached, multi-story, vertical mixed-use structures.

Residential Buildings Residential structures find precedent in the vernacular one and one half story cottages, narrow two story houses with side porches, and estates of the Lowcountry.

Mixed-use Prototype: Live/Work Shophouse.




Commercial prototype Commercial prototype Commercial prototype

Multi-family prototype -

attached rowhouses


attached rowhouses


attached rowhouses

Mixed-use prototype -

live/work shophouse


live/work shophouse


live/work shophouse




1-Story Small Scaled Residential Conceptual elevation

2-Story Medium Scaled Residential Conceptual elevation

2-Story Large Scaled Residential Conceptual elevation


Vertical Proportions: The

up-right human body is vertically

proportioned. Therefore, human-

beings inherently relate to, and

view structures and elements with

vertical proportions as being

“human-scaled.” As such, all

buildings, spaces, and associated

openings (windows and doors)

should be vertically proportioned.


Symmetry: The up-right human

body is more or less symmetrical.

Human-beings inherently relate to

this quality, finding beauty and

logic in such composition.

Intuitively, this principle is

extended to other artistic efforts,

including architecture. Applied to

buildings, symmetry evokes a

sense of order and dignity that is

timeless, attractive, and loveable.


High Ceilings: High Ceilings

allow the hot air to rise above the

occupied areas, increasing human

comfort.




B. Massing

General Massing



Roofs

Roofs are typically gabled or hipped.

Half stories are typically articulated utilizing gable

ends and dormers.

Simple commercial and multi-family buildings typically

have relatively steep slopes, ranging from 8 in 12 to

10 in 12. Larger commercial buildings may have

slopes from 4 in 12 to 8 in 12 or have flat roofs.

Porch roofs may have a lower pitch with a minimum

slope of 3 in 12.

Flat roofs shall provide a parapet to conceal all roof

areas/equipment from view of a public street or space.

Shed (monopitch) roofs shall only be attached to the

principal building walls, with a minimum slope of 2 in

12.


Skylights shall be flat (non-bubble) only unless

concealed behind a parapet.


Eaves typically utilize an enclosed cornice and

entablature with simplified classical detailing.

Roof overhangs shall have a minimum 1’ overhang at

eave and rake.

Primary Walls

Primary walls may be clad in horizontal lap, ship-lap,

or vertical board and batten siding (wood or

cementitious), stucco, or brick.

Exposed wood shall be unpainted, painted, or stained.

Brick mortar joints shall be struck.

Stucco shall be smooth and sand finish only.

Two or more wall materials may be combined on one facade only with the lighter material above the other,

more substantial material (e.g. wood above stucco or

masonry, or stucco above masonry).

Decorative moldings, cornices, or an applied ornament

of stone or cast concrete may be used to express the

vertical division between the base, body, and the top.

Cantilevers shall be supported by visible brackets

scaled as if they were supporting the weight of the

mass above.

Typical Closed Eave Detail

Typical Open Eave Detail


Dormers: The use of Dormers is strongly encouraged as both

a functional and decorative element. Aesthetically, Dormers

provide architectural interest and additional articulation along

the Roof. Functionally, they provide upper story spaces with

additional heated space, light and ventilation.

Typical Open Eave Detail


Walls: A well-insulated, properly constructed exterior wall can increase the comfort, efficiency, and health of a building. Traditional wood

framing remains the most common and accessible building system for houses. Framed houses, 2x6 optimum value engineered (OVE) with

structural sheathing, generally cost about the same as standard framed houses but have the added benefits of reducing framing time and

construction costs, conserving resources, decreasing annual energy expenses, and reducing the amount of lumber used in the exterior wall

while increasing insulation.




B. Massing (continued)

Base

Primary walls, when set on a raised crawlspace

foundation foundation, should rest on a sill and fascia

(wood or cemenitious) over foundation piers.

Foundation piers shall be no less than 12” square. If the

foundation is taller than 4’ above grade, than the

foundation piers shall be no less than 16’’ square.

Crawlspace openings and the undercraft of foundations,

decks, and porches shall be framed in lattice or vertical pickets (wood or similar).

Hipped roof

Eave

Siding

Corner Board

Clear definition between

ground floor and upper

floors

Awning

Stucco or brick

Shop front

Typical mixed-use elevation

Typical residential elevation


Chimneys: Chimneys have served as central elements for buildings

for centuries, providing numerous opportunities for decorative detailing.

However, their main function is to ventilate fire. Fire is dangerous and

highly flammable to the wrong types of materials. Therefore, chimneys

shall only be constructed of brick, stucco, or tabby.




C. Openings

Façade Composition

Simple and regular rhythm of openings.

Windows

Windows may be double hung, single hung, or

casement. On side and / or rear elevations of mid-

block (non-corner) buildings, windows may be

horizontal sliders. First story windows are taller than

upper story windows.

When utilized with wood cladding materials, windows

shall be framed with a minimum 3.5" wood or fiber

cement trim.

When utilized with stucco or masonry cladding

materials, windows shall be framed with a minimum 2.5"

brick mould.



Windows are typically vertically- or square-

proportioned and multi-paned with exterior true or

simulated muntins.

Window panes may be in a 1-over-1, 2-over-2, 6-over-6,

or 6-over-9 divided light pattern.






Doors

When utilized with wood cladding materials, doors shall

have a trim surround with a 3.5" minimum wood or fiber

cement trim.


materials, doors shall be framed with a minimum 2.5"

brick mould.


Transom windows are allowed.

Typical upper floor window Typical brick window header/sill

Typical ground floor window Typical siding window header / sill

Typical

door


Windows: The size, number, type, and placement of windows dramatically effect

the comfort and energy efficiency of a building. If possible, reduce the size and

number of windows on the heat-intensive west side, in favor of larger windows that

provide greater ventilation and day lighting on the north and east sides. Double-

hung windows are ideal for ventilation, allowing cooler air to enter through the

raised bottom sash, while hot air escapes through the lowered upper sash.

On residential buildings and upper-stories too many windows can make walls

appear weak and unstable, and negate all benefits related to energy efficiency.




Shopfronts

All regulations regarding windows and doors described

in this Section apply to windows and doors that are a

part of a shopfront assembly.


varnished wood, aluminum-clad wood, or painted metal.

In multi-story buildings, there shall be a horizontal band,

articulated fascia, and/or entablature to separate the

ground level shop front from the upper floors. This

band may be incorporated into the shopfront design.


into shopfront designs.

Lighting shall be mounted on the store front wall,

preferably centered on the piers between windows/

doors or centered above the windows/doors of the

shopfront. In instances where projected shed roofs are

used over entries the lighting may be mounted in the

shed underside. Lighting shall comply with Division 5.8

(Exterior Lighting).

Shopfront edges should integrate heavier piers or pilasters

to visually carry the weight of the building above.


Classically proportioned

entablature

Equally divided, consistent

transom windows

Shop front windows equal


adjacent materials

Pier bases align with some

horizontal element on

shop front (i.e. sill)


Elevation of a typical Shop front


entablature

Awning


adjacent materials


Section through a typical Shop front





Porches

Porches typically extend across the entire length of the

facade or are utilized to frame a primary entrance.

Bay spacing on porches, while occasionally broad, shall

remain vertically proportioned or square.

Porches may be found in rural settings as the primary

entrance into buildings that have a predominantly

residential form. In other instances, galleries may be used.

Columns shall be:

Porches may utilize single-story columns or a “giant order” that spans 2 stories.

Columns shall utilize architecturally correct capitals

and bases…

Width: 6" min.

Shape: Square or Round

Porches shall be made predominantly of wood.

The undercroft of decks and porches shall be enclosed

with lattice or vertical pickets.

Railing spindles and pickets on porches shall not exceed

4” on center, or as required by the Building Code,

whichever is less. Standard pipe rails are prohibited.

See Sections 5.3.50 (Porch: Projecting) and 5.3.60

(Porch: Engaged) for more standards.

Galleries


commercial form.

Bay spacing on galleries shall be vertically proportioned

or square.

Columns shall be… Width: Shape:

6" min. Square or Round


Balconies

Balconies shall be made of wood or metal, and may be

open or covered.



whichever is less.


clearance of 10' from grade.


Cantilevered balconies shall be supported by visible

brackets scaled as if they were supporting the weight of

the mass above.

Accessibility


the architecture of the building, generally along the side

or rear facade.

Typical two-story porch Typical two-story gallery

Typical front and side elevation of a balcony 3’ min.

Accessibility



5.4.40.C: Village Revival 5.4.40.C: Village Revival

E. Materials E. Materials (continued)

Permitted Materials Permitted Materials

Cladding Siding in wood; composition board; Gutters Half round or ogee-profile metal.

or fiber-cement board with PVC is not permitted.

horizontal shiplap, beaded lap, or Downspouts Round or rectangular metal. PVC is

beveled profile. Vertical board and not permitted.

batten siding. Vinyl and / or Columns Wood, fiberglass, or composite.

T-111 siding are not allowed. Railings Square balusters, turned spindles

Stucco, smooth and sand finish. and ornamental shapes in

Brick, with struck mortar joints. wood or wrought iron.

Foundations Brick, painted, poured in place Chimneys Common brick, stucco, or tabby.

concrete, stucco, or tabby. Signage Per Division 5.9 (signs).

Roofing Narrow standing seam metal, painted 5-V or 8-V panel, rolled

Additions Existing, matching materials may be

asphalt, fiberglass shingles, or wood used if approved by the

shingles. Administrator.

Windows Wood, aluminum-clad wood, vinyl,

fiberglas, or extruded PVC. Glass

should be clear and non-reflective.

Doors Principal doors in wood, aluminum-

clad wood, vinyl-clad wood, factory-

painted aluminum, or fiberglass.

French doors and sliders in wood,

aluminum-clad wood, or fiberglass.

Trim Wood, composition board, fiber-

cement board, and molded

millwork for built-up sections. For

soffits and porch ceilings: GWB,

plaster, T&G wood, exposed

rafters, or composite. Continuous

perforated soffit materials and the

use of vinyl panel systems are

not permitted.


Galleries: A Gallery is a type of building frontage that is associated with commercial uses, and is permitted to

encroach upon the setback, or even into the Right Of Way (over the sidewalk). This space provides an immediate

transition between the private and public realm, allowing for window-shopping, dining, or other activities that

promote interaction at the street level. Like a porch, the space is shaded from the sun and protected from the

elements; yet still permits breezes to infiltrate the body of the building. This helps to save energy and reduce

costs. Aesthetically, the Gallery provides architectural interest and delineates the building’s entrance.



Two-story Gallery with simplified classical detailing.

Balconies with wood brackets. Wood awnings and blade signage on commercial frontage.

2.5-story mixed-use building with residential character.

Gallery and double-hung windows on commercial building. Shopfront with formal window frames and bracketed cornice.



Table 5.4.40.D: Main Street Classical


Description

Within urban centers commercial and multi-family

buildings should reflect a more formal and diverse

architectural expression. Prototypes include true

mixed- use buildings for commercial and residential uses that are constructed of permanent and durable materials. Essential characteristics include:

1. Simple, up to 4 stories, vertically-

proportioned massing, with predominantly flat

roofs finished in parapets or pediments. 2. At-grade foundations, with classically detailed base

in masonry or stucco.

3. Enclosed eaves with formal classical detailing, Commercial Prototype.

often incorporating dentils and/or brackets.

4. Multi-storied galleries. 5. Architectural vocabulary predominantly in

masonry and stucco.

6. A broad range of colors and natural materials.

Commercial Buildings

Commercial buildings are typically mixed-use in character, appearing as attached, multi-story

structures with parapetted or pedimented roof forms

and formal storefronts.

Multi-Family Buildings

Multi-family buildings typically appear as attached

buildings that define the street wall, articulated with

portals and upper-story balconies.

Mixed-Use or Larger Commercial Buildings Multi-family Prototype.

Mixed-use buildings typically appear as attached,

multi-story structures that define the street wall, with

articulated ground floor storefronts and awnings or

multi-storied galleries that extend over the sidewalk.

Residential Buildings

Residential structures find precedent in the two

story homes, tall two and one half to three story

narrow homes of the Lowcountry.

Mixed-use Prototype.




Commercial prototype Commercial prototype Commercial prototype

Multi-family prototype Multi-family prototype Multi-family prototype

Mixed-use prototype Mixed-use prototype Mixed-use prototype




2-Story Medium Scaled Residential Conceptual Elevation

2.5-Story Medium Scaled Residential Conceptual elevation

2-Story Large Scaled Residential Conceptual elevation




B. Massing

General Massing



Roofs

Roofs are typically flat, with some gabled or hipped.

Larger commercial buildings may have slopes from 4 in

12 to 8 in 12 or have flat roofs.

Flat roofs shall provide a parapet to conceal all roof

areas / equipment from view of a public street or space.


Skylights shall be flat (non-bubble) only unless concealed

behind a parapet.


Eaves typically utilize an enclosed cornice and

entablature with formal classical detailing, often

incorporating dentils and/or brackets.

Roof overhangs shall have a minimum 8” overhang at

eave and rake.

Primary Walls

Primary walls may be clad in stucco, or brick. Wood

siding may be utilized sparingly.

Exposed wood shall be painted or stained.

Brick mortar joints shall be struck.

Stucco shall be smooth and sand finish only.

The vertical delineation of wall materials should be used

sparingly. Two or more wall materials may be

combined on one façade only with the lighter material

above the other, more substantial material (e.g. wood

above stucco or masonry, or stucco above masonry).

Decorative moldings, cornices, or an applied ornament

of stone or cast concrete may be used to express the

vertical division between the base, the body, and the

top.

Cantilevers shall be supported by visible brackets scaled

as if they were supporting the weight of the mass above.

Base

Treatments for stucco bases or masonry baseboard

shall be articulated.

Typical parapet detail

Typical closed eave detail

8” min.

1’ min.

8 to 10

12


Parapet: Parapets are used for both aesthetic and functional

purposes. Functionally, the Parapet was originally used as a

means of fire protection (fire wall) between structures. More

recently, they have been used to reduce wind pressure,

especially during hurricanes and tornadoes. Today, they are

frequently used to screen unsightly roof-top items such as HVAC

equipment, compressors, vents, communications devises, etc.

from public view. Aesthetically, a Parapet is frequently used as a

means of establishing correct proportions on the structure.



Parapet wall

Brick or stucco façade

Clear definition between

ground floor and upper

floors

Awning

Shop front

Typical brick elevation




C. Openings

Façade Composition

Simple and regular rhythm of openings.

Windows

Windows may be double hung, single hung, or hinged

casement. On side and/or rear elevations of mid-block

(non-corner) buildings, horizontal slider windows may

be utilized.

When utilized with wood cladding materials, windows

shall be framed with a minimum 3.5" wood or fiber

cement trim.


materials, windows shall be framed with a minimum 2.5"

brick mould.



When utilized with masonry cladding materials,

window headers shall be articulated with

appropriate materials such as brick arch, jack arch,

cast stone or cut stone.

Windows are typically vertically- or square-

proportioned and multi-paned with exterior true or

simulated muntins.

Window panes may be in a 1-over-1, 2-over-2, 6-over-6,

or 6-over-9 divided light pattern.






Doors

When utilized with wood cladding materials, doors shall

have a trim surround with a 3.5" minimum wood or fiber

cement trim.


materials, doors shall be framed with a minimum 2.5"

brick mould.


Transom windows are encouraged.

Typical door

Typical upper floor window Typical brick window header / sill




Shopfronts

All regulations regarding windows and doors described

in this Section apply to windows and doors that are a

part of a shopfront assembly.


varnished wood, aluminum-clad wood, or painted metal.

In multi-story buildings, there shall be a horizontal band, articulated fascia, and/or entablature to separate the

ground level shop front from the upper floors. This

band may be incorporated into the shop front design.


into shop front designs.

Lighting shall be mounted on the storefront wall,

preferably centered on the piers between windows/

doors or centered above the windows / doors of the

shop front. In instances where projected shed roofs are

used over entries the lighting may be mounted in the

shed underside. Lighting shall comply with Division 5.8

(Exterior Lighting).

Shopfront edges should integrate heavier piers or

pilasters to visually carry the weight of the building

above.



entablature

Awning


adjacent materials


Section through a typical shop front


entablature


Equally divided, consistent

transom windows

Shop front windows equal


adjacent materials

Pier bases align with some

horizontal element on shop

front (i.e. sill)





Galleries


commercial form.

Bay spacing on galleries shall be vertically proportioned

or square.

Galleries should be articulated with an architecturally

correct cornice and entablature, and may have a

parapetted or pedimented cap.

Columns:

Porches may utilize single-story columns or a “giant

order” that spans 2 stories.

Columns shall utilize architecturally correct capitals

and bases, and shall be… Width: Shape:

8" min. Round


Balconies

Balconies shall be made of wood or metal, and may be

open or covered.



whichever is less.


clearance of 10' from grade.


Cantilevered balconies shall be supported by visible

brackets scaled as if they were supporting the weight of

the mass above.

Accessibility


the architecture of the building, generally along the side

or rear facade.

Typical front and side elevation of a balcony 3’ min.

Typical two-story porch Typical two-story gallery

Accessibility


Arcades: Arcades function similarly to Galleries; however, the upper

stories are enclosed and heated, providing livable space that is

deemed to be part of the frontage as opposed to the main building.

In locations where Arcades encroach into the Right Of Way, this

space may occupy the area above the public sidewalk. This is a

significant bonus and provides strong incentive to use the Arcade. The

Arcade provides an immediate transition between the private and

public realm, allowing for window-shopping, dining, or other activities

that promote interaction at the street level. (continued).

Like a porch, the space is shaded from the sun and protected from

the elements; yet still permits breezes to infiltrate the body of the

building. This helps to save energy and reduce costs. Aesthetically, the

Gallery provides architectural interest and delineates the building’s

entrance. (Syn: Colonnade)




E. Materials

Permitted Materials

Cladding Brick, with struck mortar joints.

Stucco, smooth and sand finish.

Siding in wood; composition board;

or fiber-cement board with

horizontal shiplap, beaded lap, or

beveled profile. Vinyl and/orT-111

siding are not allowed.

Foundations Stone, cast stone, painted, poured

in place concrete, stucco, or tabby.

Roofing Narrow standing seam metal,

painted 5-V or 8-V panel, rolled

asphalt, or fiberglass shingles.

Windows Wood, aluminum-clad wood, or

metal. Glass should be clear and

non-reflective.

Doors Principal doors in factory-painted

aluminum, fiberglass, or aluminum

clad wood. French doors and

sliders in wood, aluminum-clad

wood, or fiberglass.

Trim Wood, composition board, fiber-

cement board, and molded

millwork for built-up sections. For

soffits and porch ceilings: GWB,

plaster, T&G wood, exposed

rafters, or composite. Continuous

perforated soffit materials and the

use of vinyl panel systems are

not permitted.

Gutters Half round or ogee-profile metal.

PVC is not permitted.

Downspouts Round or rectangular metal. PVC is

not permitted

Columns Wood, fiberglass, or composite.

Railings Square balusters, turned spindles in

wood or wrought iron.

Additions Existing, matching materials may be

used if approved by the

Administrator.



Stucco building with brick piers. Shopfront with classical dentils and divided lights.

Ganged windows.

Vertical window with muntins. Window with brick lintel. Two-story brick façade with stone detailing.


Division 5.5: Fences and Walls

Section: Page #

5.5.10 Purpose 5-87


5.5.30 General Requirements for Fences and Walls 5-87


5.5.10 Purpose

The purpose of this Section is to regulate the location, height, and appearance of fences and walls to maintain visual harmony within neighborhoods in the Town, protect adjacent properties from the indiscriminate placement and unsightliness of fences and walls, and ensure the safety, security, and privacy of properties.


The provisions of this Section shall apply to all construction, substantial reconstruction, or replacement of fences or walls not required for support of a principal or accessory structure, or any other linear barrier intended to delineate different portions of a lot. If there is any inconsistency between the provisions of this Section and any screening standard in Division 3.2 (Transect Zones), the standards in Division 3.2 (Transect Zones), shall control.

5.5.30 General Requirements for Fences and Walls

A. Fence and Wall Location.

1. Fences and walls are permitted:

a. On the property line between two or more parcels of land held in private ownership.

b. On a property line adjacent to, but outside a public right of way.

c. On a property when utilized to delineate different portions of the lot.

d. Underground, for the electronic control of domestic animals.

2. Visibility Clearance. Fences and walls shall be placed outside of required sight triangles or areas needed for visibility.

3. Near Fire Hydrants. Fences and walls shall not be located where they would prevent immediate view of, or access to, fire hydrants or other fire-fighting water supply devices, in accordance with the Fire Code.

4. Utility Easements. Fences shall be prohibited within utility easements except where constructed by the utility. This provision shall not be construed to prevent fencing around stormwater retention or detention facilities.

5. Drainage Areas. No fence or wall shall be installed so as to block or divert a natural drainage flow on to or off of any other land.

5.5.40 Fences and Walls


B. Maintenance. All fences and walls and associated landscaping shall be maintained in good repair and in a safe and attractive condition—including, but not limited to, the repair or replacement of missing, decayed, or broken structural and decorative elements.

5.5.40 Fence and Wall Design

A. Changes in Character and Intensity with Zone.

1. Table 5.5.40.A. (Fence and Wall Design) conveys the types of Fences and Walls that are most often associated with each zoning district.

2. Table 5.5.40.B. (Fences and Walls: Changes in Character and Intensity with Zone) provides photographic examples of the fences and walls identified in Table A and demonstrates how their character and intensity changes with district. These photographs are illustrative only, and are not intended to be regulatory.

B. Materials and Height.

1. Table 5.5.40.A. (Fence and Wall Design) conveys:

a. Permitted height for fences and walls, as measured from natural grade, for each zoning district.

b. Permitted and prohibited materials for fences and walls.

2. Height Exemptions.

a. Pergolas, Arbors, Trellises. Architectural features that are both functional and compatible with the fence or wall are exempt from the height restrictions of this Section.

b. Required Screening. A fence or wall utilized to meet the standards of Division 4.2 (Conditional Use Regulations), Division 5.2 (Exceptional Building Types), or Division 5.7 (Landscaping and Screening), is exempted from the height standards of this Section, but in no case shall the fence or wall exceed a height of ten feet.

c. Recreational Fencing. Customary fencing provided as a part of a permitted tennis court, athletic field, or other recreational facility shall be exempt from the height restrictions of this Section.

d. Public Safety Use Fences and Walls. Major utilities, wireless communication towers, government facilities, and other public safety uses shall be allowed to increase maximum fence or wall heights to 10 feet in front, side, and rear yards, unless further increased through an approved security plan (see Subsection e. below).

e. Security Plan for Fences and Walls. A property owner may submit a site security plan to the Administrator that proposes fences or walls taller than those permitted by this Section, or the use of barbed or concertina wire atop a fence or wall. The Administrator may approve, or approve with conditions, the site security plan if:

(1) The condition, location, or use of the land, or the history of activity in the area, indicates the land or any materials stored or used on it are in significantly greater danger of theft or damage than surrounding land; and

(2) The proposed taller fences or walls, or use of barbed or concertina wire, will not have a significant adverse effect on the security, functioning, appearance, or value of adjacent lands or the surrounding area as a whole.

Fences and Walls 5.5.40


Table 5.5.40.A: Fence and Wall Design

Zone

Typical

Fences

and

Walls

(Recommended)

Permitted Height

Permitted

and

Prohibited

Materials

(Primary)

GENERAL REMARKS

1. Fences and Walls are strongly encouraged

and, if built, should be constructed along all

un-built rights-of-ways that abut streets and

alleys, as conveyed in the above diagram and

this Table.

2. Fences and Walls shall be a minimum of 25%

opaque.

3. The more “finished” side of a fence or wall

shall face the perimeter of the lot.

4. The name assigned to each fence or wall type

is based on common industry terminology.

5. Differing fence and wall types may be

integrated so long as they comply with this

Section (e.g. fence in front of a hedge or fence

on top of a wall).

Fences

1. Fence Types may be finished in various “styles”

(e.g. “Gothic” or “Dog Ear” Picket Fence).

2. Chain Link shall not be permitted in the Front

Yard, or Side and Rear Yard adjacent to a ROW.

3. Split Rail and Post and Rail fences may use “hog

wire” fill.

4. A “Living Fence” consists of wood posts with

“hog wire” infill and a board rail on top.

5. Wood pickets or balusters shall be rectangular

or round. Spacing shall not exceed 1 ½ inches.

6. Hedge Walls shall be a minimum of 8” thick.

7. Vertical posts on Wrought Iron fences shall be

a minimum of 5/8” thick and spaced between 4

and 6 inches.

Walls

1. Reserved.

Front

Yard 1

Side

and

Rear

Yard 2

Side and

Rear

Yard

adjacent

to a

ROW 3

Fence Types

1. Privacy

2. Split Rail

3. Post and Rail

4. “Living”

Min 42”

Max 60”

Max 72”

Min 42”

Max 60”

PERMITTED

Treated or

rot-resistant

wood

Plants and

vines

Wrought Iron

Brick

Stone

Concrete

Masonry

Units with

Stucco (C.B.S.

– if primary

structure is

masonry).

Reinforced

Concrete

with Stucco

(if primary

structure is

masonry).

PROHIBITED

Plastic, Sheet

Metal, Vinyl

Plywood, Junk,

and Waste.

Barbed Wire,

Concertina

Wire, and

above ground

Electrified

Fences not

associated with

agricultural

activities or an

approved

security plan,

(see Section

5.4.40.B.2.e.

Security Plan

Fences and

Walls).

Fence Types

1. Privacy Fence

2. Split Rail Fence

3. Post and Rail Fence

4. “Living” Fence

5. Chain Link Fence

6. Lattice Fence*

7. Picket or Baluster

Fence with

Corner Posts

Wall Types

1. Hedge Wall

2. Hedge Wall

with Brick Posts

3. Garden Wall

* Or Similar Pattern

Min 36”

Max 48”

Max 72”

Min 36”

Max 48”

Fence Types

1. Privacy Fence

2. “Living” Fence

3. Lattice Fence*

4. Picket or Baluster

Fence with

Corner Posts

5. Wrought Iron Fence

6. Wrought Iron Fence

with Brick Posts

Wall Types

1. Hedge Wall

2. Hedge Wall

with Brick Posts

3. Garden Wall

4. Garden Wall with

Wrought Iron Fence

* Or Similar Pattern

Min 24”

Max 42”

Max 72”

Min 36”

Max 42”

Notes: 1 Area in front of the primary structure. 2 Side and Rear Yard (behind the front plane of the primary structure). 3 Side and Rear Yard (behind the front plane of the primary structure) that abuts a side street Right of Way.

T3

T4

T5

T1

http://library.municode.com/HTML/12245/images/15.5-301.jpg

5.5.40 Fences and Walls


Table 5.5.40.B: Fences and Walls: Changes in Character and Intensity with Zone

Privacy Fence Split Rail Fence Split Rail Fence Picket Fence

Post and Rail Fence Living Fence Living Fence with

Dog Ear Gate

Lattice Fence

Living Fence Dog Ear Picket Fence

with Solid Gate

Picket Fence Hedge Wall with Picket

Gate

Hedge Wall Wrought Iron Fence with

Brick Posts

Garden Wall

T1 NP

T3 E

T3 SN T3 N

T4 NC T4 UC T5 MS

General Note: Photos on this page are illustrative, not regulatory.


Division 5.6: Off-Street Parking

Section: Page #

5.6.10 Purpose 5-91






5.6.10 Purpose

The purpose of this Division is to regulate and ensure the provision of adequate parking and access for motor vehicles and bicycles. The Division also provides options for adjusting parking requirements and providing parking alternatives. These standards ensure that the parking needs of new land uses and development are met, and parking areas are designed and located in a manner that promotes walkability.


A. The parking standards of this Division shall apply to the following within the Town: new development; changes in land use; and, changes in intensity of buildings or structures of 15 percent or more of:

a. Gross floor area; b. Seating capacity; c. Dwelling units; d. Parking spaces; and/or, e. Other units of measurement listed in Table 5.6.30.A (Parking Spaces Required).

B. Relationship to Transect Zones. The standards in this Division are intended to supplement those found in Article 3 (Specific to Zones). Should a conflict exist between the regulations found in this Division and those in Article 3 (Specific to Zones), the standards found in Article 3 (Specific to Zones) shall prevail.

C. Location, Design, Landscaping. All parking spaces provided shall meet the location, design, and landscaping requirements of this Division, Division 3.2 (Transect Zones), and Division 5.7 (Landscaping and Screening).

____________________________________________________________________________________________ 5.6.30 Number of Motor Vehicle Parking Spaces Required

A. Minimum Number of Parking Spaces Required. The number of parking spaces required for Residential, Offices and Services, and Retail and Restaurant uses are regulated in Division 3.2 (Transect Zones). Parking for all other uses not listed in Division 3.2 (Transect Zones), including:

1. Recreation, Education, Safety, Public Assembly 2. Transportation, Communication, Infrastructure 3. Industrial

5.6.50 Off-Street Parking


…shall be determined by Table 5.6.30.A (Parking Spaces Required). Uses not listed in Table 5.6.30.A (Parking Space Required) shall use the parking requirement for the most similar use, as determined by the Administrator.

B. Maximum Number of Parking Spaces. The maximum number of off street parking spaces shall be as follows:

1. For buildings with a footprint less than or equal to 65,000 gsf, no more than 140 percent of the required minimum number of parking spaces; or

2. For buildings with a footprint greater than 65,000 gsf, no more than 125 percent of the required minimum number of parking spaces.

Table 5.6.30.A: Parking Spaces Required

Use Number of Required Spaces

Offices and Services

Lodging: Short Term rental 1 per dwelling upon determination of Administrator

Lodging: Bed and Breakfast 1 per rentable room


Community Oriented Facility, except: 1 per 5 seats (fixed seats); 1 per 300 gsf (no fixed seats)

Civic or Community Center 1 per 4 patrons at maximum capacity

Live Theater 1 per 5 seats

Library, Museum 1 per 500 gsf

Community Recreation Facility, except: 1 per 300 gsf plus 1 per employee

Pool 1 per 75 gsf of water area

Tennis, Racquetball, or Handball Courts 2 per court

Other 1 per 4 patrons at maximum capacity

Community Safety Facility 1 per 300 gsf

Institutional Care Facility 1 per 3 beds plus 1 per 4 employees

Meeting Facility or Place of Worship 1 per 5 seats (fixed seats); 1 per 400 gsf (no fixed seats)

Parks & Open Areas As is necessary and reasonable, based on data submitted by the

applicant and approved by the Administrator

Indoor Recreation & Entertainment Facility, except: 1 per 300 gsf

Bowling Alley 1 per lane plus 1 per 6 patrons at maximum capacity

Outdoor Recreation & Entertainment Facility 1 per 4 patrons at maximum capacity

School: Public or Private

Grades K-8 1 per employee plus 1 per 2 classrooms

Grades 9-12 1 per employee plus 1 per 4 students

School: Specialized Training or Studio 1 per 300 gsf

School: College or University 1 per employee plus 1 per 4 students

Marine-Oriented Facility 1 per 2 boat slips plus requirement for other retail and services


Transportation Terminal 1 per 200 gsf

Industrial

Manufacturing, Processing, & Packaging 1 per 1000 gsf

Warehousing and Distribution 1 per 2,000 gsf

Off-Street Parking 5.6.60


C. Off-Site Parking. Required off-street parking may be provided off-site, without further study, if the following standards are met:

1. Required parking may be provided in off-street parking facilities on another property within 600 ft. of the proposed development, as measured along the street right-of-way; and

2. Pedestrian access between the use or the site and the off-premise parking area shall be via paved sidewalk or walkway; and

3. The owner shall provide a recorded parking agreement reflecting the arrangement with the other site.

D. Parking Adjustments

1. Transit. A parking reduction of up to 20% may be approved by the Administrator for any use within one-quarter mile of an active bus stop or other transit stop (e.g. ferry terminal).

2. Shared Parking Simplified. For two use types, shared parking shall be calculated as follows. The sum of the required parking for the two use types shall be divided by the factor listed in the table 5.6.30.B (Shared Parking Factor for Two Uses) below.

Table 5.6.30.B: Shared Parking Factor for Two Uses

Residential Lodging Office Retail

Residential 1.0 1.1 1.4 1.2

Lodging 1.1 1.0 1.7 1.3

Office 1.4 1.7 1.0 1.2

Retail 1.2 1.3 1.2 1.0

3. Reductions Based on a Parking Study.

a. The Administrator may grant a reduction in the parking requirements set forth in this Section based upon the findings of a parking study submitted by the applicant that provides an analysis of peak parking demand for the entire development and that justifies a parking reduction. A reduction may be granted in the following cases:

(1) When three or more use types share parking;

(2) When a use type is not listed in Table 5.6.30.B (Shared Parking Factor for Two Uses);

(3) When uses in the same or adjoining development have different peak hour parking demand and seek to share parking;

(4) When the lot and use is adjacent to a thoroughfare with dedicated on-street parking spaces that may potentially count towards the use’s required parking (Single-Family Residential, Two-Family Residential, and Accessory Dwelling Units are excluded);

(5) When the lot and use are located within ¼ mile of a public parking facility;

(6) Where the special nature of a certain development (e.g. a small scale amphitheater with on-street parking, or a housing project inhabited by persons with low or no automobile ownership) does not require the amount of parking listed in Subsection A (Minimum Number of Parking Spaces Required).

(7) Where fewer parking spaces are needed due to special designs and traffic mitigation measures incorporated in the parking lot design and circulation plan.



In special cases off-street required parking may be reduced to zero.

b. The Administrator shall consider the following in determining whether a reduction is warranted:

(1) The likelihood that the reduced number of parking spaces can satisfy demand;

(2) The amount of time during the year when the number of spaces provided may be insufficient and the amount of resulting parking overflow;

(3) The impact of periodic overflows upon the public streets and other parking facilities; and

(4) The nature of surrounding land uses, character of surrounding road system, and nearby circulation pattern.

Unless requested by Administrator, the burden to demonstrate that a reduction in parking requirements is warranted shall rest with the applicant.

c. Bicycle Parking Substitution. Required vehicular parking spaces may be reduced at a rate of one vehicular parking space for every one bicycle parking space provided above the minimum provided in Section 5.6.50 (Bicycle Parking). Reduction in parking shall not exceed a maximum of 20 percent of the required motor vehicle parking spaces

5.6.40 Parking Spaces, Lot Design, and Layout

A. Access. Except where modified by Article 3 (Specific to Zones), the following standards are applicable to all off-street parking areas including Single and Two-family residences.

1. Parking spaces in any parking lot or parking structure for any use other than Single and Two-family Dwellings shall not be designed or located so as to permit a vehicle to enter or exit a parking space directly from a public thoroughfare and shall meet the following standards:

a. Ingress to and egress from parking spaces shall be from an on-site aisle or driveway as specified in Table 5.6.40.A (Minimum Dimensions for Parking Spaces and Aisles).

b. Exception. Parking spaces within lots of up to eight spaces may be designed or located so as to permit a vehicle to enter or exit a parking space directly from an alley or rear lane.

2. Access between Driveways and Thoroughfares shall be by forward motion of the vehicle; except for Single and Two-Family Residential, individual Townhomes, and Accessory Dwelling Units, where access shall be as is practicable for the site.

3. Driveways serving Single and Two-Family Residential, individual Townhomes, and Accessory Dwelling Units may not exceed 10 ft. in width.

4. The design and construction of all off-street parking access drives shall meet the requirements of the Engineering Standards and Fire Code.

B. Dimensional Standards for Parking Spaces and Aisles

1. General. Standard car parking spaces and parking lot aisles shall comply with the minimum dimensional standards established in Table 5.6.40.A (Minimum Dimensions for Parking Spaces and Aisles).

2. Dimensional Adjustments. Parking structures may be subject to dimensional adjustments based on utilization, but in no case shall the standard parking space width be



3. less than eight feet. Reduction in design standards shall be subject to approval by the Administrator and Town Building Official.

Table 5.6.40.A: Minimum Dimensions for Parking Spaces and Aisles

Parking

Row Depth

Drive Aisle Width

One-way Two-way

Space

Width

Space

Length

Angle

Parallel 8 feet 1 12 feet 20 feet 8 feet 1 20 feet

30 degrees 17 feet 11 feet 24 feet 9 feet 20 feet

45 degrees 20 feet 13 feet 24 feet 9 feet 20 feet 1

60 degrees 21 feet 18 feet 24 feet 9 feet 18 feet

Perpendicular 18 feet 22 feet 24 feet 9 feet 18 feet

Tandem 2 36 feet 22 feet 24 feet 9 feet 36 feet

Notes:

1 Width of on-street parallel parking shall be determined by standards set forth in Division 2.3 (Thoroughfare Standards). 2 Permitted for Residential parking only, one Tandem Parking Space (allowing two vehicles) may be used to satisfy the parking

requirement for one residential unit, but may not be counted as Accessible Parking.

C. Identified as to Purpose and Location. Off-street parking areas of four or more spaces shall include:

1. Painted lines, wheel stops, or other methods of identifying individual parking spaces and loading areas and distinguishing such spaces from aisle and other circulation features.

2. A separation of at least five feet from buildings in order to provide a sidewalk between the building and parking area.

D. Materials

1. Parking spaces and driveways shall be paved with asphalt or concrete; or

2. Shall be comprised of a pervious or semi-pervious surfacing material–including, but not limited to “grasscrete,” or recycled materials such as glass, rubber, used asphalt, brick, block and concrete–may be approved by the Administrator for required vehicular surface area on a site, provided such areas are properly maintained. Where possible, such



materials should be used in areas proximate to and in combination with on-site stormwater control devices.

3. Parking provided above the minimum required parking spaces shall be comprised of a pervious or semi-pervious surfacing material as established in Subsection 2 above.

4. Specific to T3 Edge. All residential parking areas shall be comprised of pervious materials.

E. Accessible Parking. All parking facilities that require accessible parking spaces shall ensure that a portion of the total number of required parking spaces shall be specifically designated, located, and reserved for use by persons with physical disabilities, in accordance with the standards in the federal American with Disabilities Act (ADA).

F. Landscaping, Fencing, and Screening. Location of required on-site parking in all zones is regulated by setbacks set forth in Article 3 (Specific to Zones), and required planting areas are established in Division 5.7 (Landscaping and Screening).

G. Lighting. For requirements for lighting within parking areas see Division 5.8 (Exterior Lighting).

H. Size of Parking Lot. A single parking area that exceeds one acre in size shall be broken down into smaller lots using perimeter landscape strips.

I. Signs. For standards related to signage see Division 5.9 (Sign Standards).

5.6.50 Bicycle Parking

A. Applicability

1. The following regulations are applicable whenever the provisions of Section 5.6.20 (Applicability) have been met.

2. Bicycle parking is not required for single-family residential developments and uses.

B. Required Spaces

1. Developments shall provide the greater of:

a. Two bicycle parking spaces; or

b. Bicycle parking spaces equal to five percent of required off-street parking spaces.

2. Bicycle spaces shall be provided in accordance with the following standards:

a. Bicycle parking shall consist of either a lockable enclosure (locker) in which the bicycle is stored or a rack to which the bicycle can be locked;

b. Lockers and racks shall be securely anchored to the pavement or a structure;

c. Racks shall be designed and installed to permit the frame and one or both wheels to be secure;

d. Areas containing bicycle spaces shall be surfaced with impervious surfaces such as concrete or pavers. Pervious pavements or gravel may be used where appropriate as determined by the Administrator;

e. When located within a parking area: curbs, fences, planter areas, bumpers, or similar barriers shall be installed and maintained for the mutual protection of bikes, motor vehicles and pedestrians, unless determined by the Administrator to be unnecessary; and



f. Bicycle parking shall be placed in a convenient, highly-visible, active, and well-lit location not more than 100 feet walking distance of the main entrance, but shall not interfere with pedestrian movements.

C. Bicycle Parking Space Dimensions. All bicycle parking shall meet the following minimum dimensions:

1. Each bicycle parking space shall include a minimum area of 72 inches in length and 24 inches in width that is clear of obstructions;

2. No part of the rack shall be located closer than 30 inches to a wall or other obstruction;

3. The front or back of the rack shall be located no less than 48 inches from a sidewalk or pedestrian way; and

4. A minimum of 30 inches shall be provided between adjoining racks.

5.6.60 Loading and Service Areas

A. Site Plans. Site plans involving uses which require loading facilities must be designed to ensure, and demonstrate the functional separation between loading spaces/truck turnaround areas, and between vehicular/pedestrian areas.

B. Location.

1. Outdoor storage, trash collection, and loading areas are required to be located on the same lot as the building or lot served by the loading area.

2. To the maximum extent practicable, outdoor storage, trash collection, and loading areas shall not be visible or shall be screened from public or private rights-of-way and residential uses.

3. Shopping cart containment areas shall not be located immediately adjacent to public spaces, plazas, or streets (includes internal streets and spaces).

C. Screening. Parking lots shall meet the screening standards found in Section 5.7.60 (Screening), as well as Division 4.2 (Conditional Use Regulations).





Division 5.7: Landscaping and Screening

Section: Page #









Landscaping and trees provide many aesthetic, ecological, functional and health/safety benefits to the Town’s communities, along its thoroughfares, and within its public spaces by:

A. Aesthetics and Walkability.

1. Providing spatial definition or a visual edge to public spaces and thoroughfares; 2. Coordinating the public frontage with the private frontage; 3. Providing visual screening and /or mitigation of noisy activities or machinery; and 4. Celebrating the Town’s unique character by emphasizing species native to the

Lowcountry.

B. Health and Safety.

1. Improving air quality; 2. Mitigating audible noise from automobiles and land uses; 3. Providing seasonal shade and temperature regulation; 4. Limiting glare created by exterior lighting; and 5. Providing a partial barrier between sidewalks and vehicular lanes.

C. Environment and Energy.

1. Reducing carbon dioxide and other greenhouse gasses and pollutants; 2. Conserving energy used in buildings through strategic shading and wind breaks; 3. Preserving and protecting the water table and surface waters; 4. Increasing the tree canopy to provide shade and moderate the effect of heat islands; 5. Reducing stormwater runoff; 6. Mitigating against erosion and sedimentation, and filtering of particulate pollution; 7. Restoring soils and land disrupted as a result of construction or grading.


A. Exemptions. Development in the T1 Natural Preserve District shall be exempt from the standards of this Division.

B. Landscape Plan Required. To ensure compliance with the standards of this Section, a landscape plan demonstrating how existing and proposed landscaping and tree protection complies with the requirements of this Section on a development site shall be included as a part of any application.

5.7.30 Landscaping and Screening


C. Landscape Plan Adjustment.

1. Criteria. Adjustments to the Landscape Plan may be approved by the Administrator as conveyed in Division 8.6.10 (Administrative Adjustments) if site or development conditions make compliance with such standards impossible or impractical. Such conditions include:

a. Natural conditions, such as rivers, streams, wetlands, or other topography;

b. The likelihood that landscaping material would be ineffective at maturity due to topography, placement, or other existing site conditions;

c. Lot size or configuration;

d. The presence of utilities, public easements or rights of way; and

e. The potential for interference with public safety; and

f. Any other situation in which the Administrator determines that strict adherence to the standards of this Division is inconsistent with the Purpose and Intent of this Division, and/or inconsistent with the goals of the Comprehensive Plan.

2. Permitted Adjustment. An Administrative Adjustment from the standards of this Division shall be determined by the Administrator. These include, but are not limited to:

a. An adjustment to planting locations, and/or

b. A reduction in the type or total number of required caliper inches, and/or

c. A reduction in count or spacing standards.

5.7.30 General Landscape Design

New plantings provided in accordance with this Division shall comply with the following standards:

A. General.

1. Plant Types. Plantings are grouped into five types: overstory trees, understory trees, shrubs, grasses, and ground cover.

2. Document Existing Vegetation. Type, size, and limits of existing vegetation shall be identified on the landscape plan.

3. Definitions. The following definitions shall apply when determining both the size and number of plantings necessary to fulfill the requirements of this Division.

a. ANSI Z60.1-2004 or American Standard for Nursery Stock – In 2004 the American Nursery and Landscape Association established industry standards that provide buyers and sellers with a common terminology in order to facilitate transactions involving nursery stock. The standard defines terms and numerical relationships among tree parts.

b. ACI or Aggregate Caliper Inches. A measure of the total combined number of inches of existing and proposed trees used to meet landscaping requirements.

c. Caliper. Diameter of the trunk measured six inches above the ground for trees up to and including four-inch diameter, and measured 12 inches above the ground for larger trees. This measurement is used for proposed or nursery-grown trees.

d. DBH or Diameter at Breast Height. The diameter (in inches) of the trunk of a tree (or, for multiple trunk trees, the aggregate diameters of the multiple trunks)

Administrative

Adjustment

Landscaping and Screening 5.7.30


measured 4 ½ feet from the existing grade at the base of the tree. This measurement is used for existing trees.

e. Overstory Tree. A tree that, when mature, reaches a height of at least 35 feet.

f. Significant Tree. Significant Trees are considered to be important community resources deserving of special protection because of their age, size, historical importance, or uniqueness. Such trees are also described in ordinances as heritage, historic, landmark, legacy, special interest, or specimen trees.

g. Understory Tree. A tree that, when mature, reaches a height of 12 to 35 feet.

B. Existing Landscape Preservation. Preservation of existing trees and vegetation is the preferred means of landscaping. Existing, healthy trees and vegetation shall count toward all planting requirements, and must be shown on the landscape plan.

1. Protect Significant Trees During Site Planning. Whenever practicable, priority shall be given to protecting and maintaining Significant Trees that are healthy and provide landscaping, screening, wildlife habitat and/or linkages to wildlife habitat. Such trees include, but are not limited to:

a. Overstory trees. American Elm, American Holly, Bald Cypress, Beech, Black Oak, Black Tupelo, Cedar, Hickory, Live Oak, Palmetto, Pecan, Pond Cypress, Red Maple, Southern Red Oak, Spruce Pine, Sycamore, Tulip Poplar, Walnut, and various Palms having a single trunk 8 inches or greater DBH; and

b. Understory trees. Dogwood, Loblolly Bay, Redbud, Southern Magnolia, Sweet Bay, and various Palms having a single trunk 8 inches or greater DBH.

2. Reserved.

C. Indigenous Vegetation. The use of indigenous, drought tolerant vegetation is desired, and shall be strongly encouraged.

D. Minimum Plant Size at Time of Planting. All landscape plant materials shall conform to the latest version of the American Standard of Nursery Stock (ANSI Z60.1, as amended).

1. Overstory Trees. Overstory trees shall have a minimum caliper of two and one half inches.

2. Understory Trees. Understory trees shall have a minimum caliper of one and one-half inches.

3. Shrubs. Shrubs shall be of a minimum three (3) gallon container size.

4. Grasses. Grasses shall be of a minimum three (3)-gallon container size.

5. Groundcovers. Groundcovers shall meet the minimum standards of a one (1) gallon nursery container.

E. Plant Location

1. Utility and Easement Plantings. Without the consent of the utility provider or easement holder, nothing but groundcover may be planted or installed within any underground or overhead utility, drainage, or gas easement; or within three feet of any fire protection system.

a. Power lines. No street or overstory trees shall be planted if, upon maturation, the height and spread of the tree will encroach within five feet of the utility line.

b. Sewer, Gas, and Water Lines. Tree species whose roots are known to cause damage to sewer, gas, and water lines shall not be planted closer than 12 feet to such public utilities unless the tree root system is completely contained with a barrier or is otherwise approved by the utility provider or Administrator.



c. Fire Hydrants. No planting except ground cover less than six inches in height shall be installed within three feet of any fire hydrant.

2. Trees.

a. Proposed trees shall be centered horizontally and minimally:

(1) Two feet from walkways, curbing, and other impervious pavements when planted in a tree well or continuous planter;

(2) Three feet from walkways, curbing, and other impervious pavements when planted in a continuous swale;

b. All trees shall be planted such that, upon maturation, maximum height and spread shall not encroach within five feet of street lights or similar public infrastructure.

c. Tree spacing and arrangement for the thoroughfare planter and center median can be found in Article 2.3 (Thoroughfare Standards), Table 2.3.80.E (Public Frontage Types), and Table 2.3.80.F (Public Frontage Standards).

(1) Tree spacing and arrangement in the planter and center median shall be coordinated with the appropriate agency.

(2) If a thoroughfare calls for a planter and median that consists of “naturalistic clusters” of trees (as opposed to a “regularly spaced allee” of trees), then groundcover and shrubs shall be installed in the center median as part of the clustered arrangement; ideally providing for a semi-continuous planting of at least 50 percent. The remaining 50% may be groundcover, shrubs and/or turf grass.

Permitted street-tree species can be found in Table 2.3.80.G (Public Planting).

F. Ground Stabilization. Disturbed areas and required landscape planting areas shall be stabilized and maintained with lawn, ground covers, mulches, or other approved materials to prevent soil erosion and allow rainwater infiltration.

G. Berms. To the maximum extent practicable berms shall not be used as an alternative to landscape and / or other means of screening. When no reasonable alternative exists, the administrator may approve the use of a berm.

H. Stormwater Integration. These provisions are intended to encourage low impact stormwater tools (used for the channeling, storage, and filtration of water) to be located and configured as landscaping amenities within a development site, while also contributing to the required civic space set-aside. See Division 5.11 (Stormwater Standards) and Division 2.4 (Civic Space Types).

1. Irrigation, stormwater detention, and stormwater retention ponds shall be integrated landscape features rather than single-purpose flood control and stormwater management devices. They shall be designed as site amenities that:

a. Are integrated with other site features, as opposed to being isolated on the periphery;

b. Avoid the use of fencing, except where mandated by code;

c. Include shrubs, native grasses, groundcovers and trees as a minimum coverage of 50% of the stormwater feature’s slopes and a minimum ten foot area from the top of slope to the landward side of the feature. Plants in basin areas prone to submersion shall be hydrophilic. Adjacent areas may be vegetated with turf grass. Paved Basins in urban settings may be hardscaped and shall contain planted shade trees;

d. Provide pedestrian access such as pathways and seating, where practicable;

e. Maintain gentle slopes of 3:1 or less, and avoid sharp drop-offs to the water line, except for paved basins; and



f. Count as a civic space set-aside if the site complies with the requirements of Section 2.4.60 (Ownership of Set-Asides) and Section 2.4.70 (Maintenance of Set-Asides).

3. Rain Gardens and Bioswales. Rain gardens and bioswales may be installed to infiltrate runoff from parking lots, streets, civic spaces and other impervious surfaces. A rain garden or bioswale shall count as a civic space set-aside if the site complies with the requirements of Section 2.4.60 (Ownership of Set-Asides) and Section 2.4.70 (Maintenance of Set-Asides).

4. Roof Garden / Green Roof. A roof garden/green roof is a specific type of community garden in which buildings are equipped with roofs of shallow four-inch soils and drought tolerant plants.

a. Buildings approved for intensive roof gardens may hold soils deeper than four inches and larger plants and trees.

b. A roof garden/green roof shall count as a civic space set-aside if the site is accessible to all occupants of the building and complies with the requirements of Section 2.4.60 (Ownership of Set-Asides) and Section 2.4.70 (Maintenance of Set-Asides).

5. Cisterns. Cisterns may be used to capture and re-circulate stormwater from buildings, and may count as a civic space set-aside if the site complies with the requirements of Section 2.4.60 (Ownership of Set-Asides) and Section 2.4.70 (Maintenance of Set-Asides).

5.7.40 Private Frontage Planting Requirement

A. Applicability.

1. Private Frontage Planting, refers to required landscaping on the lot that is NOT required Parking Lot Landscaping or Screening.

2. All lots are required to meet the minimum planting requirements conveyed in Table 5.7.40.A (Private Frontage Planting Requirement), except:

a. Detached Single-Family and Two-Family Residential uses in the T1NP, T3E, T3SN, and T3N Zones shall be exempt from the requirements of this Section.

b. Plantings shall only be required on portions of the lot in which the building’s façade, including the Private Frontage encroachment (e.g. Porch) is setback from the lot line by:

(1) Mid-block Building – more than 5 feet (includes the Private Frontage).

(2) Corner Building – more than 10 feet.

(3) Any Building with a Gallery or Arcade Frontage – more than 10 feet.

A mid-block building in which the façade is setback 5 feet or less, a corner building in which the façade is setback 10 feet or less, or any building with a Gallery or Arcade frontage in which the façade is setback 10 feet or less should incorporate planters, window boxes, hanging plants, and / or potted plants as part of the Private Frontage.

B. Private Frontage Planting Area. The Required Landscape Area is depicted in Figure 5.7.40.A (Required Private Frontage Planting Area) and includes the Principal Lot Frontage (area extending from the front of the Structure and front of the Parking Lot to the front property line, and bounded on each side by a side property line). Corner Lots. On corner lots, the Private Frontage Planting area shall include the combined Principal Lot Frontage (above) and Secondary Lot Frontage (area extending from the side of the Structure and side Parking Lot to the side street property line. The Secondary Lot Frontage is also bounded by the front lot line and rear lot line.

C. Tree Diversity. In order to encourage biodiversity, trees, should be of a different species than adjacent Street Trees on the Public Frontage.



D. Lawn (turf). Lawn (turf), not composed of native grasses shall be permitted, but discouraged in favor of native plantings.

Trees may be located as desired within the Required Landscape Area.

5.7.50 Parking Area Landscaping

A. General.

1. This Section provides standards for landscaping within parking lot (1) tree islands, (2) landscape medians, and (3) perimeter landscaping strips.

2. Prohibited Plantings. Lawn (turf) shall be prohibited within tree islands, landscape medians, and perimeter landscape strips.

3. Canopy Coverage. It is the intent of these standards that upon maturity, the trees planted in off-street parking areas shall provide a minimum canopy coverage of 50%.

4. Protection from Vehicle Damage. All planting areas shall be protected from vehicle damage by the installation of curbing, wheel stops, or other comparable methods.

Table 5.7.40.A: Private Frontage Planting Requirement

Transect Zone Minimum Required Plantings Per Lot Frontage

Trees Shrubs

T3 Edge 2 trees (overstory or understory) for 20 shrubs for every 30 ft of lot frontage T3 Sub-Urban Neighborhood every 30 ft of lot frontage within the within the Required Landscape Area.

T3 Neighborhood Required Landscape Area. Plant shrubs along building foundation.


T4 Urban Center

1 tree (overstory or understory) for 10 shrubs for every 30 ft of lot frontage every 30 ft of lot frontage within the within the Required Landscape Area..

Required Landscape Area. Plant shrubs along building foundation.

Notes:

One tree (required for every 30 ft of lot frontage) may be substituted with ten shrubs, planted along a fence line.

Required trees may be substituted with existing trees of four inches DBH or greater that are healthy.

New Palmetto Trees may not be used to fulfill tree planting requirements.

Figure 5.7.40.A: Required Private Frontage Planting Area.



B. Tree Islands.

1. There shall be one tree island for every eight or fewer parking spaces. Both the location of tree islands and ratio of parking spaces to tree islands may be adjusted so long as:

a. No more than 12 spaces are located in a continuous row without being interrupted by a tree island; and

b. The site continues to average 1 tree island per 8 parking spaces.

2. Tree islands are required at the end of every parking aisle to separate the last space from adjacent travel lanes.

3. Tree island design and size shall correspond to the type of parking space (Parallel, 30* angled, 45* angled, 60* angled, 90* Perpendicular, 90* Tandem) and occupy a minimum area of 160 square feet for single loaded bays and 320 square feet for double loaded bays.

4. One overstory tree shall be installed per tree island. In locations directly under overhead utilities, understory trees shall be substituted for canopy trees.

5. Shrubs, native grasses, groundcover, and / or mulch shall be installed in each tree island.

6. T4, T5. Parking spaces on either side of a tree island shall be constructed of pervious paving materials with additional means of aeration installed.

C. Landscape Medians. Landscape medians shall comply with the following standards.

1. Parking lots with 64 or more spaces shall provide a minimum six-foot-wide landscaped median between, and perpendicular to each row of parking bays (see Figure 5.7.50.A).

2. Parking lots exceeding 128 spaces shall provide a minimum eleven-foot-wide landscaped median between, and perpendicular to every other row of parking bays. A minimum five-foot-wide pedestrian walkway shall run the length of the landscape median (see Figure 5.7.50.B).

3. Plantings in all landscape medians shall comply with the following:

a. A minimum of 4 overstory trees, spaced evenly along the median, shall be provided for every 8 parking bays (single or double loaded).

b. Shrubs, native grasses, groundcover and / or mulch shall be installed to provide for semi- continuous planting along the median.

c. Exemption. Landscape medians with pedestrian walkways of 8 or more feet in width are not required to plant trees or shrubs.

Figure 5.7.50.A: Parking Lots Exceeding 64 Spaces. One 6 ft wide landscape median between each parking bay. (Credit: Teri Norris)

Figure 5.7.50.B: Parking Lots Exceeding 128 Spaces. One 11 ft wide landscape median with 5 foot wide sidewalk between every other parking bay. (Credit: Teri Norris)



D. Rain Gardens and Vegetated Bioswales. Rain gardens and vegetated bioswales may be sited throughout the lot, including as a substitute for tree islands and landscape medians. Such features may be combined as a component of a stormwater management plan and shall be appropriately designed and planted using native trees, shrubs, native grasses, and groundcover.

E. Parking Lot Perimeter Landscape Strips. Parking lot perimeter strips serve the purpose of screening parking lots, maintaining pedestrian vitality, and providing spatial definition along thoroughfares.

1. A parking lot perimeter landscape strip is required:

a. Between all off-street parking areas and public or private thoroughfares, including alleys.

b. Along abutting parking areas, on adjoining lots where no cross access is provided.

c. Around any parking area that exceeds one acre in size. Such parking areas shall be broken down into smaller lots using perimeter landscape strips.

2. Width:

a. With Only Landscaping. Parking lot perimeter strips that utilize only landscaping shall be a minimum of 10 feet in width.

b. With Fences or Walls. Parking lot perimeter strips that utilize fences or walls for the entire length of the strip shall be a minimum of 5 feet in width.

3. Planting and Screening Requirements.

a. Where no fences or walls are used, shrubs shall be used to form a continuous opaque visual screen in the perimeter landscaping strip. Shrubs shall be maintained at a minimum height of three feet.

b. In order to assure visibility and safety of pedestrians on the public street and within the parking area and maintain a pedestrian-scaled streetscape; shrubs, fences and walls may be no greater than a height of four feet.

c. Parking lot perimeter strips shall allow compliance with all local, state, and federal highway sight distance standards.

d. Where fences or walls are utilized, they shall meet the standards of Division 5.5 (Fences and Walls) and shall incorporate groundcover, low-lying shrubs, ornamental grasses, and/or vines.

5.7.60 Screening

A. General Requirements. In addition to the other forms of required landscaping, screening shall be required to conceal unsightly or hazardous areas, and mitigate the effects of noisy activities and machinery. Such areas shall be screened at all times, unless otherwise specified. In the case of conflict, the screening requirements of Division 4.2 (Conditional Use Regulations) shall supersede these standards.

B. Items to be Screened. The following areas shall be screened in accordance with this Section:

1. Large waste receptacles (e.g., dumpsters and cardboard recycling containers) and refuse collection areas;

2. Loading and service areas;

3. Outdoor storage areas (including, but not limited to, inoperable vehicles, appliances, tires, manufactured homes, building materials, equipment, raw materials, and aboveground storage tanks) located within 200 feet of a public right-of-way;



4. Shopping cart containment areas located adjacent to public spaces, plazas, or streets (includes internal sites and streets); and

5. Ground-level mechanical equipment and utility meters.

C. Screening Methods

1. The following items are permitted for use as screening materials, and more than one method may be used on a development site.

a. Vegetative materials that provide a fully opaque screen to the minimum height necessary to fully screen the facility from off-site views; or

b. An opaque fence or wall consistent with the standards in Division 5.5 (Fences and Walls).

c. Buildings.

2. Reserved.

D. Configuration of Vegetative Materials. Where vegetative materials are used for screening a site feature in accordance with this Section, the vegetative materials shall be planted around the perimeter of the site feature in a manner that screens it from all off-site views;

E. Large Waste Receptacles and Refuse Collection Areas. Except for facilities serving individual single-family detached dwellings, two-family dwellings, manufactured homes, and temporary waste receptacles that do not generate any waste, all large waste receptacles and refuse collection areas shall be subject to the following standards.

1. Show on Plans. The location and configuration of screening for large waste receptacles and refuse collection areas shall be depicted on the Site Plan and on the plan submitted with an application for a building permit.

2. Opaque Gate. Where access to large waste receptacles and refuse collection areas faces a public right-of-way, the access way shall be screened with an opaque gate. Chain link shall not be used for such gates.

5.7.70 Landscape Construction and Maintenance Standards

A. Tree Protection Zones. Tree protection zones shall be established and maintained for each tree preserved or planted on a development site, as follows:

1. Tree Protection Zone. For existing trees that are being saved, the tree protection zone shall be a circle with a radius of 1 ½ ft for every one inch of dbh, or ft, whichever is greater.

2. Tree Protection Fence. Prior to commencing construction or any site alteration, a conspicuous four-foot-high fence to prevent encroachment by persons and vehicles shall be erected around a tree or group of trees to be preserved and protected. The fence shall remain in place until the Certificate of Compliance is issued.

3. New Trees. The protection zone in areas where new trees will be planted shall be a circle with a radius of two feet for understory trees and three feet for overstory trees.

4. No Paving within Tree Protection Zone. The area within the tree protection zone shall be open and unpaved, except where approved, perforated pavers may be utilized, or tree aeration systems and tree wells installed.

5. Changes in Grade. Changes in grade shall not be permitted within the tree protection zone except for a two-inch cut or a two-inch fill of topsoil, sod, or mulch.

6. Underground Utility Lines. Underground utility lines shall be routed around and away from tree protection zones. Necessary installation through tree protection zones shall be accomplished through tunneling, rather than cutting open trenches.



7. Silt Fencing. Where wetlands or river buffers are involved, a silt fence (made of permeable geotextile buried at the bottom, stretched, and supported by steel posts) shall be erected and installed at least one foot into the buildable area of the site prior to any land disturbance.

8. Disturbance. Landscape soils that have been compacted during construction activities shall be loosened and aerated to a depth of six inches before planting.

9. Irrigation. Temporary spray irrigation systems may be used to establish seeded and/or planted areas.

B. Time for Installation of Required Landscaping. All required landscaping shall be installed in accordance with the required planting standards set forth in this Section before issuance of a Certificate of Occupancy.

C. Maintenance of Landscaping Materials. The owner shall be responsible for the maintenance of all landscape areas not in the public right-of-way. Such areas shall be maintained in accordance with the approved landscape plan and shall present a healthy and orderly appearance free from refuse and debris. All plant life shown on an approved landscape plan or alternative landscape plan shall be replaced if it dies, is seriously damaged, or is removed.

1. Protection during Operations. The owner or developer shall take actions to protect trees and landscaping from unnecessary damage during all facility and site maintenance operations. Plants shall be maintained in a way that does not obstruct sight distances at roadway and driveway intersections, obstruct traffic signs or devices, or interfere with the use of bikeways, sidewalks, or pedestrian trails.

2. Maintain Shape. All required trees (whether overstory or understory) shall be maintained in their characteristic natural shape, and shall not be severely pruned, sheared, topped, or shaped as shrubs.


Division 5.8: Exterior Lighting

Section: Page #





This Division provides standards for the regulation of exterior lighting and is intended to:

1. Encourage good lighting practices such that lighting systems are designed to conserve energy and money, while increasing nighttime safety, utility, security and productivity; and

2. Ensure that all lighting is designed and installed to maintain adequate lighting levels on-site while limiting the negative impacts of light spillage and glare upon adjacent lands and motorists.


A. General. The provisions of this Section shall apply to all development in the Town.

B. Exempt from this Division.

1. Single and two-family residential uses are exempt from the provisions of this Division.

2. Required safety lighting for towers shall be exempt from the provisions of this Division.

C. Date of Effect. All outdoor lighting installed after the date of effect of this code shall comply with the standards of this Division. This includes, but is not limited to, new lighting, replacement lighting, or any other lighting whether attached to structures, poles, the earth, or any other location, including lighting installed by any third party.

D. Time of Compliance. A lighting plan shall be submitted with an application for approval of a Site Plan or Special Exemption Permit.

5.8.30 Design Standards for Exterior Lighting

A. General Standards

1. All outdoor artificial illuminating devices shall be installed in conformance with the provisions of this section.

2. The provisions of this section are not intended to prevent the use of any material or method of installation not specifically mentioned by this section.

3. As new lighting technology develops which is useful in reducing light above the horizontal, consideration shall be given to use of state of the art technology in keeping with the intent of the this section.

4. Outdoor light fixtures are defined as outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices, permanent or portable, used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot or flood lights for:

5.8.30 Exterior Lighting


a. Buildings and Structures c. Sign Lighting e. Parking Lot Lighting

B. Light Fixtures.

1. Fully Shielded. All exterior illuminating devices, except those exempt, shall be fully shielded. “Fully Shielded” shall mean that those fixtures so designated shall be shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point of the fixture where light is emitted.

2. Light Trespass and Glare. All nonexempt outdoor lighting fixtures shall be placed so as to not cause light trespass or glare beyond the property boundary, nor impair the vision of pedestrians or motorists.

3. Illumination Types. Only those types of lighting listed in Table 5.8.30.A (Permitted Illumination Types) shall be allowed. The same type of lighting must be utilized for all fixtures and light sources on the site.

4. Filtration. Those outdoor light fixtures requiring a filter in Table 5.8.30.A (Permitted Illumination Types) shall have glass, acrylic or translucent enclosures (Quartz Glass is excluded).

C. General to Zones T1, T3, T4, and T5.

1. Outdoor Illumination of Buildings and Landscaping. Outdoor illumination of any building, landscaping, or other structure shall use “fully shielded” fixtures.

2. Signage. If a sign is to be externally illuminated, a stationary light directed solely at the sign shall be used.

a. Monument Signs. Such signs may be illuminated with reverse channel/halo lighting or one up-light per side. The up-light must have a shield to direct light at the sign.

b. Wall Signs. Wall signs may be illuminated with reverse channel/halo lighting or down lighting using a “fully shielded” fixture. The brightness of the sign shall not exceed 30 foot-candles at any one point on the sign face.

c. Goose Neck Lighting. The use of goose neck light fixtures is encouraged.

d. Noble Gases. Externally mounted gas-filled tubes are only permitted in T4 and T5.

e. Colored Lights. The use of colored lights to illuminate signage is prohibited.

3. Thoroughfare Lighting.

a. Lighting for thoroughfares shall be of a general type illustrated in Table 2.3.90.I (Public Lighting), and located and spaced as conveyed in Table 2.3.90.J (Lighting for Thoroughfares and Bikeways or Pathways).

b. All thoroughfare lighting shall have no light emitted above 90 degrees.

4. Off-Street Parking.

a. With the exception of low pressure sodium lights in rear-loaded parking lots, all other parking lot lighting shall use “fully shielded” fixtures.

b. Lighting for off-street parking lots shall be of a general type illustrated in Table 2.3.90.I (Public Lighting).

c. In areas where walkability is desired light poles should range from 12 – 16 ft. in height and shall not exceed 20 ft. in height. In autocentric areas where walkability is impossible or non-existent, the Administrator may approve light poles as tall as 25 ft.

b. Landscape Lighting d. Thoroughfare Lighting f. Recreational and Performance Areas

Exterior Lighting 5.8.30


5. Recreation and Performance Areas.

a. Shielding / Glare Control. To the maximum extent practicable, all lighting fixtures shall be “fully shielded” and / or equipped with a glare control package (e.g., louvers, shields, or similar devices). Lighting shall be aimed so that the beam is directed and falls within the primary playing or performance area.

b. Hours of Operation. Lighting associated with a recreational event or program shall not continue after 11:00 p.m., except to conclude a specific activity conducted at a ball park, outdoor amphitheater, arena, or similar facility in progress prior to 11:00 p.m.

6. Prohibited. The following are prohibited:

a. Searchlights. The operation of searchlights for advertising purposes between the hours of 11:00 p.m. and sunrise shall be prohibited.

b. Mercury Vapor Lighting. The installation of Mercury Vapor light fixtures is prohibited.

c. Cobra Head Fixtures. With the exception of thoroughfare lighting in T1, all Cobra Head fixtures are prohibited.

d. Wall Packs. Wall packs shall be prohibited as a means of general building and site lighting, and may only be used at auxiliary entrances to a building. When used, Wall Packs shall be “fully shielded” fixtures, and shall not be visible from any off-site location.

E. Illuminance in Foot Candles.

1. T1 and T3. No lighting level measured at the building frontage (lot) line shall exceed (1.0 fc.).

2. T4 and T5. No lighting level measured at the building frontage (lot) line shall exceed (2.0 fc.).

3. In order to account for Primary, Secondary, and Auxiliary Building Frontages, as well as rear and side parking areas, the Standards in Sub-section 1 and 2 above shall apply to all sides of the lot.

Table 5.8.30.A: Permitted Illumination Types

Fixture Lamp Type Shielded Filtered

Incandescent 1 Fully No

Color Corrected High Pressure Sodium Fully No

Metal Halide Fully Yes

Florescent 2 Fully Yes

LED Fully No

Quartz Fully No

Tube Filled with Noble Gasses (e.g. Neon, Krypton, Argon) No No

Other Sources By Administrative Adjustment (Section 8.6.10) 3

Notes:

1 These bulbs are not efficient and are likely to be phased out with time.

2 Warm white and natural lamps are preferred to minimize detrimental effects. Outdoor advertising signs of the

type constructed of translucent material and wholly illuminated from within do not require shielding.

3 Other sources of Illumination that dramatically minimize undesirable light into the night sky, demonstrate

significant architectural merit, or are highly energy efficient may be approved using the process for an

Administrative Adjustment.

Natural Gas Lamps are permitted and do not require any shielding nor filtering.

Administrative

Adjustment

5.8.30 Exterior Lighting


Incandescent

Florescent

Metal Halide

LED

Color Corrected High

Pressure Sodium

Quartz

Tube Filled with

Noble Gasses

Fully Shielded Fixture

Figure 5.8.30.A: Types of Illumination.


Division 5.9: Signs

Section: Page #


5.9.20 Signs Exempt from a Sign Permit 5-113



5.9.50 Selecting Sign Types for Buildings, Businesses, and Communities 5-119

5.9.60 Awning / Canopy Sign Type 5-122

5.9.70 Landscape Wall Sign Type 5-123 5.9.80 Marquee Sign Type 5-124


5.9.100 Projection Sign Type 5-126









5.9.10 Purpose and Applicability

A. Purpose. The purpose of this Division is to regulate the time, place, and manner in which commercial and non-commercial signs shall be permitted, and to ensure that all signs installed in the Town promote vibrant, safe, mixed-use streetscapes that are equally amenable to pedestrian and vehicular users.

B. Applicability.

1. These sign regulations apply to all signs within the Town.

2. The provisions of this Division do not regulate the message content of a sign (sign copy), regardless of whether the message content is commercial or non-commercial.

3. Sign Permit. A Sign Permit shall be required for the erection, placement, alteration, or reconstruction of any sign unless otherwise noted below, and shall be issued by the Administrator in accordance with the standards of this Division.

5.9.20 Signs Exempt from a Sign Permit

A. No Sign Permit is required for the following signs:

1. Government signs required by any law, order, or governmental regulation.

2. Signs or plates on structures or premises bearing the address.

a. Single-family, Two-family and Multifamily dwellings shall have address numbers a minimum of four inches in height and conspicuously located so as to provide visibility from the street on which the structure fronts. Signs may include name

5.9.30 Signs


and/ or address of the occupant, and similar uses customarily associated with residential structures.

b. Nonresidential structures shall have address numbers a minimum of six inches in height and conspicuously located so as to provide visibility from the street on which the structure fronts.

3. Historical markers, monuments or signs as recognized by local, state or federal authorities.

4. Signs denoting the location of underground utilities.

5. Holiday decorations.

6. Window Signs. Such signs shall not require a Sign Permit, but shall comply with the standards of Section 5.9.150 (Window Signs).

B. Temporary Signs. The following temporary signs shall not require a Sign Permit, but shall comply with the standards for temporary signs in Section 5.9.170 (Temporary Signs).

1. Schedule of Events Sign. Public or private school or recreational, church or civic club-sponsored entity signs related to schedules of events. See Table 5.9.170.A (Schedule of Events Sign).

2. For Sale or For Lease Signs. See Table 5.9.170.B. (For Sale or For Lease Sign).

3. Non-residential Flags. Non-residential Flags bearing the official design of a government, educational institution, church, fraternal organization or ornamental / decorative design. See Table 5.9.170.C (Non-residential Flags).

5.9.30 Prohibited Signs

The following signs are prohibited:

A. General. Signs violating any provision of any law of the state relative to outdoor advertising;

B. Location. Signs located as follows:

1. Off-premises except signs, flags, and banners erected by the Town, County, or State government.

2. In the public rights-of-way, except those posted by a public agency;

3. In any manner or place so as to constitute a hazard to pedestrian or vehicular traffic;

4. In a manner that obstructs free ingress to, or egress from a required door, window, fire escape or other required exitway;

5. In any salt marsh areas or on any land subject to periodic inundation by tidal saltwater;

6. Affixed to a private residence or dwelling or displayed upon the grounds thereof, except as follows:

a. One personal identification sign not exceeding two square feet in area; and/or

b. One non-illuminated "for sale" or "for rent" sign not exceeding six square feet in area.

7. Attached or painted on to the following:

a. Trees, rocks or other natural features;

b. Fenceposts, telephone or utility poles; or

c. Roofs of buildings visible from any public thoroughfare.

C. Billboards. New Billboards in the Town of Port Royal are prohibited.

Signs 5.8.30


D. Moving, Flashing or Audible Signs. Signs that can potentially distract drivers with the following features:

1. Permanent moving signs or devices designed to attract attention with any of the following features:

a. All or part of which move by any means regardless of whether they contain written messages.

b. Set in motion by movement of the atmosphere or by mechanical, electrical or other means, including but not limited to:

(1) Flags (other than those of government origin and not used for commercial purposes), pennants, posters, propellers, discs, ribbons, streamers, strings of light bulbs and spinners, “feathers,” etc.

(2) Reserved.

2. Flashing signs or devices displaying flashing or intermittent lights or lights of changing degrees of intensity, except for:

a. Signs displaying time and / or temperature.

b. Reserved.

3. Signs which emit audible sound, odor or visible matter.

E. Portable or Towed Signs.

1. Portable signs or so constructed as to permit its being used as a conveyance upon public streets, and usually parked in public places or private property primarily for the purpose of public display.

a. Except those permitted by Section 5.9.170 (Temporary Signs) including any signs painted on or displayed on vehicles or trailers,

b. Reserved.

2. The parking in public view of any vehicle bearing a commercial message which is not in operating condition or lacking current registration.

3. Any sign on or towed behind a boat, raft, aircraft, or helicopter.

F. Sign Copy Limitations.

1. Signs copying or imitating official government signs or which purport to have official government status;

2. Any sign and/or sign structure which obstructs the view of, may be confused with or purports to be a governmental or traffic direction / safety sign;

3. Signs using the words "stop," "danger" or any word, phrase, symbol or character in a manner that misleads, confuses or distracts a vehicle driver;

4. Signs containing statements, words or pictures of obscene, pornographic or immoral character;

G. Height.

1. Signs erected on the roof of any building;

2. Any sign or sign structure, any portion of which extends above the parapet, building roofline or canopy against which the sign is located. Except:

a. Freestanding Signs; and

b. Marquee Signs.

5.9.40 Signs


H. Sign Types.

1. Inflatable signs.

2. Snipe signs. A temporary sign not identified elsewhere in this code that contains an advertisement, and is most often placed in the ground or attached to a utility pole.

I. Abandoned or Deteriorated Signs or Businesses.

1. Sign structures no longer containing signs;

2. Signs made structurally sound by unsightly bracing;

3. Abandoned or dilapidated sign;

4. Signs referencing businesses which have been out of business for more than 30 days.

5.7.21 5.9.40 General Sign Requirements

The following shall apply to all signs:

A. Visibility. The area around the sign shall be properly maintained clear of brush, trees and other obstacles so as to make signs readily visible.

B. Wiring. Signs with internal electrical wiring or lighting equipment, and all external lighting equipment should be inspected and approved by the Town in accordance with existing and prevailing electrical codes. All wiring to electrical signs or to lighting equipment directed to ground signs shall be underground and GFCI protected.

C. Business Closes. Whenever the use of a building or premises by a business or occupation is discontinued for at least 30 days, then the signs pertaining to that business or occupations shall be removed.

D. Design. Sign design and materials shall be as follows:

1. Compatibility. Signage, including overall design, materials, colors and illumination must be compatible with the overall design of the main building. Details of the sign, such as typeface and layout, shall be subject to minimal review only to prevent obtrusive designs.

2. Signs used for Business Identification / Advertisement. The business name shall be the predominant feature of the sign. Graphic accents (items and info other than the business name) may not dominate the sign face.

3. Color.

a. Bright, primary, or neon colors are not permitted. This includes corporate logos using these colors.

b. The use of subdued colors is encouraged. In order to allow for creative artwork there is no specific limitation on the number of colors used. A darker background with lighter lettering and graphics is encouraged as a traditional and aesthetically pleasing presentation.

4. Materials. The finish materials to be used for signage throughout all districts shall be as follows:

a. Wood: painted, stained, or natural;

b. Metal: copper, brass, or galvanized steel;

c. Stucco, tabby, or brick;

d. Any other material that is finished or painted and looks like wood;

e. Canvas Awnings; or

Signs 5.9.40


f. Paint (Applied Directly onto Building Walls or Window Glass).

6. Shape. Signs shall be composed of standard geometric shapes and/or letters of the alphabet, or when approved by the Town Administrator, as a sponsor motif (bottle, hamburger, ice cream cone, etc.). All elements of a sign structure shall be unified in such a way not to be construed as being more than one sign. Outcrops on signs are prohibited.

7. Lighting. See Division 5.8 (Exterior Lighting), specifically Subsection 5.8.30.C.2 (Signage) for standards regarding appropriate light fixtures and illumination levels for signs.

a. Any light from any illuminated sign, or flood light or spot light used to

illuminate a sign, shall be shaded, shielded, or directed so that the light intensity

or brightness shall:

(1) Illuminate only the surface area of the sign;

(2) Not interfere with the safe vision of motorists or bicyclists as determined by the building official. For spot-lit signs, the sign base and/or proposed landscaping shall be designed to conceal the base of the light fixture to the extent feasible.

b. Illuminated signs shall not have a light reflecting background, but may use reflective lettering.

c. The background of internally-illuminated cabinet signs shall be completely opaque. This provision does not apply to internally-illuminated channel letters.

d. The following provisions shall apply to the use of neon:

(1) Neon signs are permitted in the T4 and T5 districts;

(2) Outlining of buildings, canopies, windows, and doors is prohibited.

F. Sign Measurement Criteria.

1. Sign Area Measurement. Sign area for all sign types is measured as follows:

a. Sign copy mounted, affixed, or painted on a background panel or surface distinctively painted, textured, or constructed as a background for the sign copy, is measured as that area contained within the sum of the smallest rectangle(s) that will enclose both the sign copy and the background. See Figure 5.9.40.A (Sign Area for Signs on Background Panel and Signs with Individual Letters).

b. Sign copy mounted as individual letters or graphics against a wall, fascia, mansard, or parapet of a building or surface of another structure, that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy, is measured as a sum of the smallest rectangle(s) that will enclose each word and each graphic in the total sign. See Figure 5.9.40.A (Sign Area for Signs on Background Panel and Signs with Individual Letters).

c. Sign copy mounted, affixed, or painted on an illuminated surface or illuminated element of a building or structure, is measured as the entire illuminated surface or illuminated element, which contains sign copy. Such elements may include, but are not limited to lit canopy fascia signs; spanner board signs; and/or interior lit awnings. See Figure 5.9.40.A (Sign Area for Signs on Background Panel and Signs with Individual Letters).

d. Multi-face Signs. Multi-face signs are measured as follows:

(1) Two face signs: if the interior angle between the two sign faces is 45 degrees or less, the sign area is of one sign face only. If the angle between the two sign faces

5.9.40 Signs


is greater than 45 degrees, the sign area is the sum of the areas of the two sign faces. See Figure 5.9.40.B (Sign Area for Multi-face Signs or Free Form Signs).

(2) Three or four face signs: the sign area is 50 percent of the sum of the areas of all sign faces. See figure on next page. See Figure 5.9.40.B (Sign Area for Multi-face Signs or Free Form Signs).

e. Free-form or Sculptural Signs. Spherical, free-form, sculptural or other non-planar sign area is measured as 50 percent of the sum of the areas using only the four vertical sides of the smallest four-sided polyhedron that will encompass the sign structure, as shown in Figure 5.9.40.B (Sign Area for Multi-face Signs or Free Form Signs).

Signs with greater than four polyhedron faces are prohibited.

2. Sign Height Measurement. Sign height is measured as the vertical distance from the average elevation between the highest point and the lowest point of finished grade at the base of a sign to the top of the sign.

Figure 5.9.40.A: Sign Area for Signs on Background Panel and Signs with Individual Letters.

Signs 5.9.50


5.9.50 Selecting Sign Types for Buildings, Businesses, and Communities

A. Table 5.9.50.A (Sign Types) establishes the types of signs that are allowed, the zoning district where each type is permitted, whether the sign is “attached” or “detached” from the building, and the subsection that contains specific standards for each sign type.

B. Any building, business, or community located in the Town may utilize one or more sign types permitted in Table 5.9.50.A (Sign Types) in accordance with the standards below and the specific limitations prescribed in Sections 5.9.60 – 5.9.160.

1. Home Occupation. A Home Occupation may have one non-illuminated “Building Attached” Yard Sign, not more than six square feet in sign area, mounted on the porch and / or one non-illuminated “Building Detached” Yard Sign, not more than six square feet in sign area, mounted in the yard. See 5.9.160 (Yard Signs).

2. Live Work. A live work townhouse unit may have any combination of non-illuminated “Building Attached” signs on the principal frontage of the building or unit, so long as the maximum aggregate sign area does not exceed one square foot per linear foot of principal frontage. Signage for a “detached” live work unit shall comply with the standards for Home Occupation (above).

3. Drive-Through Menu Boards. To the maximum extent practicable, menu boards shall not be visible from a primary street and the base of the menu board shall be landscaped.

4. Service Station Signs. Gasoline service stations and other establishments selling gasoline shall be permitted one "oil company,” “self-service / full-service,” or “pump number identification” sign per pump island. The sign shall be a maximum of 10 square feet in sign area, and shall be secured to each pump island.

5. Upper Story Business. A second story retail or service oriented business is permitted one (1) Projecting Sign, Suspended Sign, or Wall Sign, not to exceed the maximum permitted square footage and located at the first floor entrance. Additional upper floor (non-commercial) businesses that share a common first floor entrance shall utilize a shared Wall or Directory Sign located at the sidewalk level.

Figure 5.9.40.B: Sign Area for Multi-face Signs or Free Form Signs.

5.9.50 Signs


Table 5.9.50.A: Sign Types

Specific Sign Illustration Permit / Standards Location

Awning Signs: Awnings are a

traditional storefront fitting and can

be used to protect merchants’ wares

and keep storefront interiors shaded

and cool in hot weather.

Landscape Wall Sign: Landscape

wall signs are attached to

freestanding walls and are often used

to mark a place of significance or the

entrance to a location.

Marquee Signs: A sign mounted

to or hung from a marquee that

projects horizontally or vertically

from the façade to express a figural

design and message to motorists and

pedestrians. Marquee signs often

have patterned or neon lighting and

changeable or painted lettering.

Free Standing Signs: Free standing signs encompass a variety

of signs that are not attached to a

building and have an integral support

structure. Two varieties include:

Monument Signs and Pole Signs.

Projecting Signs: Projecting signs

mount perpendicular to a building’s

facade. These signs are small,

pedestrian scaled, and easily read

from both sides. Syn. Blade Sign.

Key

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

5.9.100

5.9.90

5.9.80

5.9.70

5.9.60

Building

Detached

Building

Detached

Building

Attached

Building

Attached

Building

Attached

T1 T3 T4 T5

T1 T3 T4 T4 T4 T5

NC NC-O UC

Signs 5.9.50


Table 5.9.50.A: Sign Types

Specific Sign Type Illustration Permit / Standards Location

Sidewalk Signs. Sidewalk signs

provide secondary signage and may

be used to announce daily specials,

sales, or point to shops off the

sidewalk (i.e., a shop located along a

passageway).

Suspended Signs. Suspended signs

mount to the underside of beams or

ceilings of a porch, gallery, arcade,

breezeway or similar covered area.

These signs are small, pedestrian

scaled, and easily read from both sides.

Wall Signs. Wall signs are signs flat

against the facade consisting of

individual cut letters applied directly

to the building or painted directly on

the surface of the building.

Wall Mural Signs. Wall mural

signs are flat against the facade and

are located on a secondary facade,

typically along a side street, alley, or

passageway. These signs are typically

painted directly on the building and

contain a combination of text and

graphic elements.

Window Signs. Window signs are

professionally painted consisting of

individual letters and designs, gold

leaf individual letters and designs,

applied directly on the inside of a

window.

Yard Signs. Yard signs are signs

mounted on a porch or in a yard

between the public ROW and the

building facade.

Key

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

5.9.130

5.9.120

5.9.110

5.9.140

5.9.150

5.9.160 And

Building

Detached

Building

Attached

Building

Attached

Building

Attached

Building

Attached

Building

Attached

Building

Attached

5.9.60 Signs


5.9.60 Awning / Canopy Sign Type

A. Description Size (continued)

Awning Signs are a traditional storefront fitting and Valance:

can be used to protect merchant’s wares and keep Sign Area 75% coverage max. storefront interiors shaded and cool in hot weather. Width Storefront width max. Retail tenant signs may be painted, screen printed, Height 8” min.; 16” max. or appliquéd on the awnings. Lettering Height 8” max.

B. Standards Location

Size Clear Height: 8’ min. Projecting: Signs per awning: 1 projecting; or 1 valance and

Sign Area 1 sf per linear foot 1 sloping plane max.

of shopfront, max. Signs per building: 1 per storefront frontage

Lettering Height 16” max. (principal, secondary, auxiliary).

Lettering Thickness 6” max. Distance From Sidewalk / Curb 2’ min. Sloping Plane: Second story: Sign copy on awnings on 2nd

Sign Area 25% coverage max. story windows not permitted.

Lettering Height 18” max. Miscellaneous

Only tenant’s store name, logo, and / or address should

applied to awning. Additional information is prohibited.

Open-ended awnings are strongly encouraged.

Vinyl or plastic awnings are prohibited.

T1 T3 T4 T5

Signs 5.9.70


5.9.70 Landscape Wall Sign Type

A. Description B. Standards

Landscape Wall Signs are attached to freestanding Size

walls and are often used to mark a place of Signable Area 24 sf Max.

significance or the entrance to a location. These signs Location

are appropriate in higher Transect Zones, and may be Height of Wall 4’ max. used as a replacement for, or a means of transitioning Mounting Height:

away from auto-centric Freestanding Signs on busy Top of Wall Thoroughfares. Above Grade At least 12” Number of Signs 1 per wall face.

Miscellaneous

A Wall Sign may be used to mark the entrance to a

development or neighborhood. One (1) sign shall be

permitted per primary and / or secondary thoroughfare

entrance.

T1 T3 T4 T5

5.9.80 Signs


5.9.80 Marquee Sign Type

A. Description B. Sign Standards

Marquee Signs. A sign mounted to or hung from Vertical Marquee Sign

a marquee that projects horizontally or vertically from Signable Area:

the façade to express a figural design and message to Width 24” max. motorists and pedestrians. Marquee signs often have Depth 10” max. patterned or neon lighting and changeable or Lettering:

painted lettering. Width 75% of sign width max. Horizontal Marquee. A canopy-like structure Clear Height 12’ min. integrated into the façade that projects horizontally Extension Above Roofline 10’ max.1 over the sidewalk and is typically centered upon the 1 May not extend beyond the eave of a pitched roof.

entrance. A Horizontal Marquee may serve as the base Horizontal Marquee Sign

for a Vertical Marquee, forming one combined sign. Sign Area: 5 sf per linear ft of Shopfront Vertical Marquee. A linear, vertically oriented width up to 250 sf max.

structure that projects outward at a 90 degree angle Sign Width Shopfront width, max. from the façade of the building or at a 45 degree angle Sign Height 5 ft max. from the corner of the building. A Vertical Marquee Clear Height: 10’ min. often extends beyond the parapet of the building, but Distance From Sidewalk / Curb 2’ min. may also terminate below the cornice. Miscellaneous

Signs Per Building 1 of each type or 1 combined max.

T1 T3 T4 T5

Movie Tonight

Signs 5.9.90


5.9.90 Freestanding Sign Type

A

B

A. Description Location

Freestanding Signs encompass a variety of signs Signs per thoroughfare frontage:

that are not attached to a building and have an Single Tenant 1 max. 1

integral support structure. Freestanding varieties Multiple Tenant 1 max. 1, 2, 3

include Monument and Pole Signs. Residential / Mixed-use Community 1 max. 1, 3

Sign Height: A Pole Sign is often double-faced and mounted on a Single Tenant 7’ max.

single or pair of round or square poles without any Multiple Tenant 8’ max.

type of secondary support. Single / Two / Mixed-use Community 7’ max.

Sign Width: A Monument Sign rests directly on the ground, and Single Tenant 6’ max.

contains a clearly distinguishable base (foundation), Multiple Tenant 6’ max.

middle (sign area) and top. It is often used to mark Single / Two / Mixed-use Community 6’ max.

a place of significance or the entrance to a building. Distance from ground to the base of sign. 4’ max.

B. Standards 1 Signs for new development shall be limited to lots that

Size front: Robert Smalls Pkwy, Savannah Hwy, Ribault Rd,

Signable Area: Parris Island Gtwy, Grober Hill Rd, or Goethe Hill Rd.

Single Tenant 25 36 sf max. 2 Individual tenants may not have a Freestanding Sign.

Multiple Tenant with one 30 72 sf max. 3 Frontages greater than 500 feet may include one

thoroughfare frontage additional Freestanding Sign.

Multiple Tenant with two 30 72 sf max. Miscellaneous

or more thoroughfare per frontage. Changeable copy signs are allowed for gasoline price

frontages signs, houses of worship, schools, directory signs listing

Single Family, Multi-family or 25 48 sf. max. more than one tenant, and signs advertising restaurant

Mixed-use Residential per frontage. food specials, films and live entertainment which change

Community on a regular basis.

T1 T3 T4 T4 T4 T5

NC NC-O UC

5.9.100 Signs


5.9.100 Projecting Sign Type


Projecting Signs mount perpendicular to a Size

building's façade. They are typically hung from Signable Area:

decorative cast or wrought iron brackets in a manner Area 6 sf max. that permits them to swing slightly. These signs are Width 48” max. small, pedestrian-scale, and easily read from both Height 36” max. sides. Often, Projecting Signs offer the opportunity Thickness 4” max.1

for a more creative or “playful” sign. Projecting 1Special and creative signs that have a three-

Signs should be hung well out of reach of pedestrians dimensional quality may have a greater thickness

and all exposed edges of the sign should be finished. subject to approval by the Administrator.

Syn. Blade Sign. Location

Clear Height 8’ min. Extension 8.5’ max. Signs per building 1 per storefront max.2

2One (1) additional sign may be located along an

auxiliary elevation at a secondary entrance.

Upper Story Commercial 1 sign at first floor entrance.

T1 T3 T4 T5

Signs 5.9.110


5.9.110 Sidewalk Sign Type


Sidewalk Signs provide secondary signage and may Size

be used to announce daily specials, sales, or point to Signable Area:

shops off the sidewalk (i.e., a shop located along a Area 6 sf max. paseo). They may be painted wood panels or cut Advertising a New Business 8 sf max. wood shapes. Traditional slate boards are highly Width 30” max. recommended. Chaser lights or illuminated signs may Height 42” max.

not be used. Location

Sidewalk Signs must be located on or adjacent to a

sidewalk and shall not interfere with pedestrian travel

or encroach upon the required accessible path.

Sidewalk Signs may only be displayed during business

hours and must be removed when the business is

closed.

Signs per building 1 per storefront max.1



T1 T3 T4 T5

5.9.120 Signs


5.9.120 Suspended Sign Type


Suspended Signs mount to the underside of beams Size

or ceilings of a porch, gallery, arcade, breezeway or Signable Area:

similar covered area. They are typically hung in a Area 6 sf max.

manner that permits them to swing slightly. These Width 36” max. signs are small, pedestrian-scaled, and easily read Height 36” max.

from both sides. Suspended signs should be hung well Location

out of reach of pedestrians and all exposed edges of Clear Height 8’ min. the sign should be finished. Signs per building 1 per shopfront, max.1



Upper Story Commercial 1 sign at first floor entrance.

Miscellaneous

Suspended Signs shall not extend beyond the edge of

the building façade, frontage, or overhang on which it

is placed.

T1 T3 T4 T5

Signs 5.9.130


5.9.130 Wall Sign Type


Wall Signs are flat against the facade consisting of Size

individual cut letters applied directly to the building, Signable Area:

or painted directly on the surface of the building. Area 1 sf per linear foot of shopfront Wall signs are placed directly above the main width up to 80 sf max.

entrance and often run horizontally along the Width Shopfront width, max. “expression line” or entablature of traditional Height 12” min,; 5’ max. buildings. Wall signs do not protrude beyond the roof Lettering:

line or cornice of a building. Wall signs are typically Width 75% of signable width, max. intended to be seen from a distance and are often Height 75% of signable height, accompanied by additional pedestrian-scaled signage. max.; 35” max.

Location

Projection from facade 8’ max.

Signs per building 1 per shopfront.1

Façade > 80 ft. wide 2 per shopfront. 1

1One (1) additional sign may be located along each

auxiliary elevation. No sign shall not exceed 80 sf.

Upper Story Business:

Commercial 1 sign only, 3 sf max.,

located at the entrance.

All other 2nd Story 1 shared sign only, 3 sf max,

Businesses located at the entrance.

Miscellaneous

Changeable Copy Signs allowed for gasoline prices, multi-

tenant directories, dining specials, and entertainment.

T1 T3 T4 T5

5.9.140 Signs


5.9.140 Wall Mural Sign Type


Wall Mural Signs are flat against the facade and are Size

located on a secondary facade, typically along a side Sign Area:

street, alley, or passageway. These signs are typically Area 1,000 sf max. painted directly on the building and contain Width 200’ max. a combination of text and graphic elements. These Height 50’ max.

signs are intended to be visible from a greater Location

distance and must be accompanied by additional Height above ground 3’ min. signage on the primary facade at the business Projection 8” max. entrance. Signs per building: 1 max.

Except: 2 max. when located along an

Alleyway or Pedestrian Passage.

T1 T3 T4 T5

Signs 5.9.150


5.9.150 Window Sign Type


Window signs are professionally painted consisting Size

of individual letters and designs, gold leaf individual Sign Area: letters and designs, applied directly on the inside of a Per Shop front Bay 25% max.

window. Window signs offer a high level of Per Shop front 15% max.

craftsmanship and visibility, and are often used for Width 5’ max. small professional offices. Window signs are often Height 36’ max.

repeated on storefronts with several divided Location

openings, however, repetition should be done with Window signs shall be placed at or above eye level.

great care to ensure that the entrance to the business Window signs shall be applied directly to the inside of

is clearly marked. the glass.

Miscellaneous

Applied plastic or vinyl cut letters are strongly

discouraged.

Window signs must have a clear background.

No Permit Required.

T1 T3 T4 T5

5.9.160 Signs


5.9.160 Yard Sign Type

B

A

C

D B

A

C


Yard Signs are signs mounted on a porch or in a Size

yard between the public ROW and the building Signable Area:

facade. Yard signs mounted on a porch are placed Area 6 sf max.

parallel to the building’s facade. Yard signs mounted Width 36” max. in a yard are placed parallel or perpendicular to the Height 36” max.

ROW. Yard signs work well for home businesses Location

located in mixed-use environments. Clear Height: Mounted on Porch 6’ 8” min.

Mounted in Yard 12” min.

Overall Height 5’ max. Signs per Building:

Mounted on Porch 1 per business.

Mounted in Yard 1 max.

Miscellaneous

Yard signs may not be located within a public ROW.

Yard mounted signs shall be parallel or perpendicular

to the ROW.

T1 T3 T4 T5

Signs 5.9.170


5.9.170 Temporary Signs

A. Permit Required.

1. Grand Opening Signs. Signs or displays calling attention to a new business shall be a maximum of six feet high and shall be located a minimum of 10 feet from the street right-of-way. The signs may be displayed for grand openings for a maximum of 30 days.

2. Banners. Promotional banners shall have a maximum of 30 square feet in sign area, a maximum height of three feet, and be secured to the business along all four sides at all times. Promotional banners shall be displayed for a maximum of 30 consecutive days. Application for a permit for promotional banners may be made only four times during any calendar year. A minimum of 30 days shall expire between permit applications.

3. Sandwich Board and Easel Signs for New Businesses. Signs shall comply with the standards of Section 5.9.110 (Sidewalk Sign Type). The sign permit shall be valid for six months from the date of issuance. No renewal of temporary business signs is permitted.

4. Construction Signs. One sign per street frontage. The sign shall have a maximum of 32 square feet in sign area, a total aggregate of 64 square feet, be a maximum of six feet high and shall be located a minimum of 10 feet from the street right-of-way. The sign permit shall be valid for the duration of the construction period.

5. Political Signs. Political campaign signs shall not be posted in the public right-of-way, including signs posted on trees, utility poles, and similar structures. Signs may be posted 60 days in advance of the day of election, and shall be removed within 7 days following the day of election.

B. No Permit Required.

1. Schedule of Events Sign. Public or private school or recreational, church or civic club-sponsored entity signs related to schedules of events shall comply with the below standards (Table 5.9.170.A: Schedule of Events Sign).

2. For Sale or For Lease Sign. Such signs shall comply with the below standards (Table 5.9.170.B: For Sale or For Lease Sign).

Table 5.9.170.A: Schedule of Events Sign

Number of Signs 1 per frontage max.

Sign Area 15 sf max.

Height 3.5’ max.

Remarks:

Sign shall be permitted fourteen days prior to a function and shall be removed within

three days after the function.

Table 5.9.170.B: For Sale or For Lease Sign

Number of Signs 1 per 1000’ of frontage max.

Sign Area 24 sf max.

Height 10’ max.

Remarks:

All signs shall be removed once the property is occupied by the new tenant or when the

property is sold by transfer of title, whichever time period is less.

5.9.180 Signs


3. Non-residential Flags. Flags bearing the official design of a government, educational institution, church, fraternal organization or ornamental / decorative design shall comply with the below standards (Table 5.9.170.C: Non-residential Flags).

5.9.180 Sign Maintenance and Enforcement

A. In order to ensure that signs are erected and maintained in a safe and aesthetic manner, the following maintenance requirements shall be observed for all signs visible from any public street, and any deficiency shall be corrected within 30 working days of being detected:

1. No sign shall have more than 10 percent of its surface area covered with disfigured, cracked, ripped or peeling paint or poster paper;

2. No sign shall stand with bent or broken sign facings, broken supports, loose appendages or struts or be allowed to stand more than fifteen degrees away from the perpendicular;

3. No sign shall have weeds, trees, vines or other vegetation growing upon it or obscuring its view from the street from which it is to be viewed; and

4. No internally illuminated sign shall stand with only partial illumination.

B. Impoundment of Signs

1. The Administrator shall have the authority to remove, without notice to the owners thereof, and impound for a period of ten days, signs placed within any street or highway right-of-way; signs attached to trees, fence posts, telephone and utility poles, or other natural features; and signs erected without a permit or prohibited by this Division.

2. The owner of a sign impounded may recover the sign upon the payment of $2.00 for each square foot of such impounded sign, prior to the expiration of the ten-day impoundment period. If the sign is not claimed within ten days, the Administrator shall have authority to discard the sign.

3. If the owner or lessee fails to remove the sign during the permitted time, then the Town or an independent contractor secured by the Town shall remove the sign and ensure charges shall be assessed to the owner or lessee.

Table 5.9.170.C: Non-residential Flags

Type Official Design 1 Ornamental / Decorative 2

Number of Signs 2 max. 1 max.

Sign Area 60 sf max. 15 sf max.

Remarks:

1 Official design of a government, educational institution, church, fraternal organization.

2 Ornamental or decorative flags shall not contain any commercial message such as the name or

logo of a business, however, generic words or terms such as “Open” or “Gallery” are permitted.

The US Flag may be lighted in accordance with the Flag Code of the United States (4 U.S.C). The

lighting of other flags through the use of spotlights at non-residential uses may be permitted by

the Administrator.


Division 5.10: Resource Protection

Section: Page #





5.10.50 Non-Tidal Wetlands 5-139


This Division provides standards for the protection of natural systems, including, wildlife habitat, species diversity, and water quality. The requirements of this Division are intended to maintain natural resources and to ensure that proposed development is consistent with the character of its natural surroundings while:

A. Preserving unusual terrain, scenic vistas, and native vegetation;

B. Preserving and enhancing the visual character and aesthetic qualities of the Town for the enjoyment of both residents and visitors; and

C. Preserving and enhancing the character and value of all properties.


A. General. These resource protection standards apply to all development in the Town, unless expressly stated otherwise in this Division.

B. Plan for Development Required. Development subject to the standards of this Division shall provide a plan for development illustrating how the proposal complies with these standards.

5.10.30 River Buffer and Setback

Development adjacent to and affecting the river buffer or S.C. Office of Ocean & Coastal Resource

Management (OCRM) Critical Line shall comply with the following standards.

A. Setback from OCRM Critical Line.

1. The river buffer shall be established inland of all tidal waters beginning at the OCRM Critical Line, as established in Table 5.10.30.A; and

2. All development shall be set back a minimum of 50 feet from all tidal waters beginning at the OCRM Critical Line, except for as shown in Table 5.10.30.A.

5.10.30 Resource Protection


Table 5.10.30.A: Setback from OCRM Critical Line

DISTRICT

River

Buffer

Civic

Space

Setback

Single-

Family

and

Two-

Family

Setback

Other

Residential

Buildings and

Nonresidential

Buildings

Setback

Off-

Street

Parking

Setback

Waterfront

Drives,

Parkways,

and Streets

Setback

Agriculture/

Forestry

Setback

T1 50 feet 50 feet N / A 100 feet 100 feet 100 feet 150 feet

T3 Edge 50 feet 0 feet 1 50 feet 50 feet 50 feet 50 feet 150 feet

T3 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet 150 feet

T4 -- 0 feet 25 feet 25 feet 25 feet 0 feet 2 150 feet

T5 -- 0 feet 0 feet 0 feet 3 0 feet 3 0 feet 2 150 feet

Notes: 1 The river buffer shall be maintained within required civic space, but may be disturbed in order to provide public access to,

and along the water’s edge or marsh. The majority of the disturbed area shall remain vegetated, and to the maximum

extent practicable, shall utilize BMP’s to adequately infiltrate and divert stormwater runoff. See below Sub-sections

5.10.30.B (Drainage) and 5.10.30.H (Trails and Pathways). 2 Parallel thoroughfares that provide pedestrian and bicycle access may be permitted at water’s edge, and may utilize rip

rap, a bulkhead, or seawall for stability. Thoroughfares shall be designed and constructed using BMP’s to adequately

infiltrate and divert stormwater runoff, prevent erosion, and protect surrounding vegetation. 3 All residential and non-residential buildings (excluding Single and Two-Family) and all waterfront off-street parking areas

shall contain a pedestrian pathway or sidewalk running parallel to, and immediately adjacent to the water’s edge.

B. Drainage. Except for existing agriculture:

1. Apply Stormwater Best Management Practices (BMPs). Development adjacent to and affecting the river buffer or OCRM Critical Line shall apply BMPs in accordance with the County Manual for Stormwater BMPs, as amended, in the design of drainage and detention basins. Additional special engineering may be required where the Town Engineer determines it is necessary to protect nearby waters or wetlands.

2. Divert Drainage Away from OCRM Critical Line. All drainage shall be diverted away from the OCRM Critical Line, through a Town-approved stormwater system employing BMPs.

3. Lots Adjoining River Buffer. Lots adjoining the river buffer shall be designed and engineered to prevent direct discharge from impervious surfaces across the river buffer. All discharges shall be diverted into the development's stormwater system and treated in accordance with the requirements of this Development Code. (While agriculture is exempt from this Subsection, such activities are strongly urged to utilize BMPs.)

C. River Buffer Disturbance.

1. There shall be no disturbance of the river buffer, except as allowed for bulkheads, rip-rap and erosion control devices, view corridors, public access within civic spaces, and other allowable disturbances authorized in this Section.

2. Re-vegetation Plan. Any other disturbance of the shoreline within the river buffer landwards of the OCRM Critical Line shall require submission of a re-vegetation plan that complies with the standards of Division 5.7 (Landscaping and Screening),

and the following:

a. Intent. A principle objective of the plan is to preserve and replace as much of the on-site pre-construction native vegetation to the extent possible. Other acceptable

Resource Protection 5.10.30


landscaping plants are found in the SCDHEC publication entitled “Backyard Buffers”, publication CR-003206 (11/00). The re-vegetation plan shall be prepared by a landscape designer or landscape architect. The re-vegetation plan shall be designed so that upon plant maturity, the disturbed area is completely vegetated.

b. Plant Back Requirement. Removal of trees and shrubs shall require plant back on an inch for inch (trees) or plant for plant (shrubs) basis.

c. Slope Stabilization. Re-vegetation of areas landward of the OCRM Critical Line with slope topography in excess of a 1:3 slope shall also include slope stabilization measures in compliance with the South Carolina Sediment and Erosion Control Act.

D. Bulkheads, Rip-Rap, and Erosion Control Devices. All bulkheads, rip-rap, or other erosion control devices are limited uses that shall comply with the following:

1. Approved by OCRM. A permit to construct the bulkhead, rip-rap or erosion control device shall be approved by OCRM.

2. Bulkhead, Rip-Rap, or Other Erosion Control Device More Than 48 Inches High. A proposal to install a bulkhead, rip-rap, or other erosion control device more than 48 inches in total vertical height from the existing ground elevation shall be accompanied by design plans and certification from a South Carolina registered professional engineer stating the design is adequate to prevent collapse or other failure.

3. Tree Protection. The bulkhead, rip-rap, or erosion control device shall be in compliance with Section 5.7.30 (General Landscape Design).

4. Re-vegetation. Any disturbance of shoreline within the river buffer landwards of the OCRM Critical Line shall require submission of a re-vegetation plan in compliance with Subsection 5.10.30.C.2 (Re-vegetation Plan) above.

E. View corridor. A view corridor across the river buffer may be established by a landowner in accordance with the following:

1. Width. The width of the view corridor crossing the river buffer shall be no more than 75 feet or one-third of the lot width, whichever is less.

2. Management. Management of vegetation within the view corridor shall be limited to only pruning needed to provide views, except that a landowner may submit a selective clearing and selective landscaping program for the view corridor, which shall be approved if the net result provides both ample screening of the shoreline and filtering of runoff from lawns on the lots.

F. Roads. Road crossings are allowed in the river buffer only where no reasonable alternative exists. Roads shall be elevated and not constructed of or on fill material.

G. Sewer / Water. Crossings for sewer/potable water facilities are allowed in the river buffer only where no reasonable alternative exists.

H. Trails and Pathways. Trails shall be permitted to cross the river buffer at reasonable intervals for access to the water. Horizontal trails, such as walking paths and bikeways, will be allowed with the following requirements:

1. Such trails shall be designed and constructed in a manner that does not result in them becoming channels for stormwater, that does not result in erosion, or that does not damage surrounding vegetation.



2. The Town may require trails to be of boardwalk construction, pervious paving systems, or stepping stones if needed to ensure meeting the objectives of the buffer, and for long term maintenance of the trail.

I. Waiver. Where existing lots (conforming or nonconforming) are so small that a single-family house cannot be developed on the lot and comply with the required OCRM Critical Line setbacks and other related standards, the Administrator shall grant a waiver from these requirements, in accordance with the following provisions:

1. OCRM Critical Line Setback Significantly Limits House Size. The applicant shall demonstrate:

a. That the size of the home would have to be less than the average size of homes within five lots on either side of the lot for which the waiver is requested, due to the OCRM Critical Line setback and application of the other standards in this section; or

b. If there are no homes within five lots of either side of the lot for which the waiver is requested, a floor area ratio of three-tenths or a maximum building footprint (livable area) of 15 percent of the total lot area, whichever is less, shall guide the need for a waiver.

2. Reduction of Street or Front Yard Setback to Avoid Waiver. It is infeasible to reduce the street or front setback by up to 30 percent in order to avoid the need for a waiver. (In development that is largely un-built, with lots still in common ownership, the Town may require the developer to revise covenants to grant reduced street setbacks. The street setback reduction shall be the minimum possible).

3. Structure Shall Not Encroach Into OCRM Critical Line Setback. To the maximum extent practicable, the home approved through the waiver is designed so it does not encroach into the OCRM Critical Line setback area (i.e., design alternatives such as adding a second or third story, adjusting house dimensions, reducing overall house size, etc., would still render the noncritical line setback area as unbuildable).

4. Limit on Reduction of OCRM Critical Line Setback. The OCRM Critical Line setback shall not be reduced to less than a 25-foot setback, except in areas where homes that already exist are located closer than 25 feet to the OCRM Critical Setback. In those cases, the average Critical Line setback of adjoining lots shall be used, provided that in no case shall a setback of less than 20 feet be granted unless the setback is to preserve a specimen tree, historic resource, or to prevent a lot from becoming unbuildable with comparable houses as described in Subsection I.1 above. Where the setback is to preserve a specimen tree or historic resource, the building envelope allowed shall optimize the protection of the resources.

5. Stormwater Management. If the house and lot do not drain into a stormwater management system that uses BMPs in accordance with the requirements of this Section, the landowner shall provide the necessary stormwater management on the lot.

5.10.40 Tidal Wetlands

Development in Tidal Wetlands is prohibited, except for Marine-Oriented Facilities (see Table 4.1.30 Principal Use Table) and accessory Water-Oriented Facilities (see Sub-section 4.3.30.A.1 (Water-Oriented Facilities) with the following:

A. Approved by USACE and OCRM. The plan for development of the Marine-Oriented Facilities and / or accessory Water-Oriented Facilities shall be approved by the United States Army Corps of Engineers (USACE) and the S.C. Office of Ocean & Coastal Resource Management (OCRM); and

Resource Protection 5.10.50


B. Appropriate Design. It is demonstrated the design of the plan for development of the Marine-Oriented Facilities and / or accessory Water-Oriented Facilities:

1. Minimizes Impact. Minimizes the impact on Tidal Wetlands; and

2. Maximizes Sharing of Facility. Maximizes the sharing of the facility to avoid having every property in the area seek a similar request. (This may mean shared facilities for the entire development or facilities that can serve several adjoining properties.)

5.10.50 Non-Tidal Wetlands

Development in Non-tidal Wetlands is prohibited, except in the following instances:

A. Where structures are necessary to a permitted use and cannot be located outside the wetland, the structure shall be located on piles. Where needed, access shall be provided on structures such as boardwalks.

B. Private Roads. Road crossings are allowed in non-tidal wetlands only where no reasonable alternative exists. Roads shall be elevated and not constructed of or on fill material. Where appropriate, wildlife corridors shall be provided under the roads.

C. Trails. Trails are allowed in non-tidal wetlands where it is demonstrated they are essential to establish a crossing between different areas, or where the trail has an historical purpose. Trails shall be of boardwalk construction. The height of the boardwalk shall be above normal high water to ensure the boardwalk minimally disrupts plant life.

D. Buffers.

1. Vegetative buffers shall be retained or created along the banks or edges of all freshwater wetlands as part of the required setback distance. The following average depth shall be established for construction from the boundary of all wetlands.

a. Single and Two-family Residential uses: 20 feet.

b. Multifamily Residential, Commercial, Industrial, and Mixed Uses: 50 feet.

c. Impervious parking areas: 30 feet.

2. Vegetative buffers are areas completely pervious to the ground in nature and are intended to prevent polluted runoff from entering fragile wetland systems. For this purpose, they shall be a minimum of 15 feet in depth and contain living plant material including but not limited to trees, shrubs, vines, ferns, mosses, flowers, grasses, herbs and ground cover.





Division 5.11: Stormwater

Section: Page #

5.11.10 Purpose 5-141




5.11.10 Purpose

The purpose of these standards is to control the adverse effects of post development stormwater runoff and nonpoint and point source pollution associated with new development and redevelopment. This Division seeks to meet this purpose by fulfilling the following objectives:

A. Calibrate these controls based on the context of the site to ensure that walkable, urban patterns of development are favored as the primary Best Management Practices (BMPs); and

B. Minimize increases in stormwater runoff from new development or redevelopment to the maximum extent practical for the applicable design storm in order to reduce flooding, siltation, erosion, increases in temperature, and to maintain the integrity of stream channels, marshes and aquatic habitats; and

C. Minimize increases in non-point and point source pollution caused by stormwater runoff from development that would otherwise degrade local water quality; and

D. Minimize the total volume of surface water runoff that flows from any specific site during and following development in order to replicate pre development hydrology to the maximum extent practicable through the use of structural and nonstructural stormwater management Best Management Practices (BMPs); and

E. Establish minimum post development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality.


The standards established in this Division shall apply to all proposed development within the Town, as conveyed in this Section.

A. Exemptions.

1. Any maintenance, alteration, renewal use or improvement to an existing drainage structure as approved by the Administrator which does not create adverse environmental or water quality impacts and does not increase the temperature, rate, quality, or volume or location of stormwater runoff discharge;

2. Development where adequate drainage exists of fewer than four residential dwelling units that are not part of a phase of a larger development, not involving a main drainage canal;

3. Site work on existing one-acre sites or less where impervious area is increased by less than two percent;

5.11.40 Stormwater


4. Site work on existing one-acre sites or less where impervious area is increased by less than two percent, and any earthwork that does not increase runoff and/ or eliminate detention / retention facilities and / or stormwater storage or alter stormwater flow rates or discharge location(s);

5. Agricultural activity not involving relocation of drainage canals; or

6. If possible, when work is done by agencies or property owners to mitigate emergency flooding conditions, the work should be approved by the duly appointed officials in charge of emergency preparedness or relief. Property owners performing emergency work will be responsible for any damage or injury to persons or property caused by their unauthorized actions.

B. Private Drainage Systems Not Town Responsibility. Where private drainage systems and easements have been previously approved as private facilities, as well as all new development and redevelopment, such facilities shall not become Town responsibility.

C. Applicability. See the STORMWATER MANAGEMENT AND UTILITY AGREEMENT BETWEEN BEAUFORT COUNTY, SOUTH CAROLINA AND THE TOWN OF PORT ROYAL, SOUTH CAROLINA dated June 26, 2012 with Attachment.

5.11.30 Stormwater Standards

A. Beaufort County BMP Manual. Where required, all development and redevelopment shall provide adequate drainage, peak rate, volume and stormwater pollution control in accordance with Section 3 of the Beaufort County Manual for Stormwater Best Management and Design Practices (BMP), and the STORMWATER MANAGEMENT AND UTILITY AGREEMENT BETWEEN BEAUFORT COUNTY, SOUTH CAROLINA AND THE TOWN OF PORT ROYAL, SOUTH CAROLINA dated June 26, 2012 with Attachment, which are incorporated herein by reference.

B. Reserved.

5.11.40 Planning for Stormwater

A. Planning for Stormwater Should Commence at Project Inception: Planning for stormwater should commence at project inception. As the requirements set forth above and elsewhere in BMP manual will require stormwater management to become a vital aspect of all development and redevelopment projects within the Town, planning for stormwater management, in accordance with this section shall commence at the time of initial project inception and presentation to the Administrator. Review of stormwater management for development and redevelopment will be undertaken during all phases of the development review process.

B. Stormwater BMPs shall be selected in keeping with the applicable Transect Zone, as indicated in:

1. Table 5.11.40.A (Stormwater BMPs by Transect Zone).

2. The “Light Imprint Handbook – Integrating Sustainability and Community Design,” 2008, Tom Low, DPZ Charlotte. 2008.

Stormwater BMPs shall be selected to respond to the site’s location within a volume sensitive watershed, according to the worksheets provided in the Beaufort County BMP Manual.

Stormwater 5.11.40


Table 5.11.40.A: Stormwater BMPs by Transect Zone

Stormwater BMP Type Allowed In

Vegetated Swales are shallow drainage ways that employ

landscaping to provide water quality treatment via

biofiltration. They are designed to remove silt and sediment

associated pollutants before discharging to storm sewers

and to reduce volume if soils allow for infiltration. The

treatment area can be planted in a variety of grasses, sedges

and rushes, while the side slopes can be planted with shrubs

and groundcover. Check dams are added to aid infiltration.

Green Roofs are a way of managing stormwater in urban

areas with limited space for more land intensive BMPs.

Green roofs are able to store stormwater in the soil

medium during rain events, helping to detain runoff. Some

of the stormwater will be taken up by the roots of the

plants and some will be evaporated from the soil medium,

reducing the amount of runoff from the roof.

Pervious Paving Systems allow water to pass freely

through the interstitial space ingrained throughout the

paving matrix, thereby transforming traditionally

impervious surfaces. Several examples are pervious

concrete and asphalt, interlocking pavers, and reinforced

gravel and grass paving.

Rain Gardens are flat-bottomed landscaped depressions

that can be built to any size or shape. Also known as

'bioretention cells', they are designed to allow water to

settle and infiltrate into the soil. They reduce the peak

discharge rate from a site via detention. Water quality

improvements are achieved through particle settling,

nutrient uptake, and filtration as water soaks into the

ground.

Disconnected Downspouts. In lower density residential areas downspouts should be disconnected

from storm drain systems and directed towards

landscaped areas. This reduces the burden on the storm

drain network and allows runoff to slow and infiltrate

before overflowing to storm drains.


T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

5.11.40 Stormwater


Table 5.11.40.A: Stormwater BMPs By Transect Zone (continued)


Vegetated Flood Plains can be integrated with parks,

playing fields, or unmanaged landscapes. Frequent storm

events can be detained by smaller decentralized means,

while larger storm events should be directed to non-

priority vegetated landscapes for temporary detention.

Urban Flood Plain. Urban hardscapes can be used for

temporary storage of large storm events. Smaller events should be mitigated by decentralized means, while the

larger events can be directed toward non-priority spaces

which are planned and designed for the temporary storage

of stormwater flows.

Riffle Pools. Connected landscapes provide retention of

runoff by integrating intermittent vertical drops and

damming in a watercourse. The retained runoff is then

allowed to infiltrate into the groundwater table or

conveyed for further treatment.

Flow-through Planters are landscape features that also

provide stormwater runoff control and treatment. Flow-

through planters are sealed on all sides and fitted with an

underdrain. They only absorb as much water as soil and

plants in the planter can accommodate. Once the planter

is at capacity, water is then discharged through the

underdrain. They are ideal for receiving roof runoff from

downspouts and can be incorporated into foundation walls.

Infiltration Trenches are subsurface facilities designed

to provide on-site stormwater retention in areas of good

infiltration by collecting and recharging stormwater runoff

into the ground. Trenches filter pollutants to improve

water quality and contribute towards groundwater

recharge. They are relatively low maintenance and can be

easily retrofitted into existing sidewalk areas and medians.

A Natural Channel is a meandering, vegetated

watercourse with natural banks. It is buffered from

development zones by large uncultivated landscape.


T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

Stormwater 5.11.40


Table 5.11.40.A: Stormwater BMPs By Transect Zone (continued)


Community Swales are similar in size to a natural swale,

but more linear in design to conform to the adjacent

development zones (i.e. walkways, roadways, and buildings).

Urban Channels are narrow vegetated or stone lined

conveyances framed by vertical stone or concrete banks

abutting cultivated landscapes or hardscapes.

Level Spreaders are structures that are designed to

uniformly distribute concentrated flow over a large area to

mimic natural sheet flow. Concentrated flow enters the

spreader through a pipe, ditch or swale; the flow is

retarded, energy is dissipated; the flow is distributed

throughout a long linear shallow trench or behind a low

berm; water then flows over the berm/ditch uniformly (in

theory) along the entire length.

Rain Barrels are connected directly to downspouts to

capture and store runoff for future use. Stormwater

discharge is slowed down and water can be reused for

irrigation. Fifty gallons of storage is suggested as a

minimum. Barrels must also have a cover to prevent

insect and debris collection.

Cisterns function similar to rain barrels by collected

stormwater and storing it for reuse, but on a much larger

scale. Cisterns can be stored above ground, buried below

ground, or located inside of buildings. They typically store

rainwater for reuse in irrigation, mechanical uses, toilet

flushing, and fire prevention.


T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

T1 T3 T4 T5

5.11.40 Stormwater




Article 6: Nonconformities

Content Page #

Division 6.1: Nonconforming Uses 6-1

6.1.10 Intent 6-1






Division 6.2: Nonconforming Structures 6-3

6.2.10 Intent 6-3





Division 6.3: Nonconforming Lots of Record 6-5


Division 6.4: Nonconforming Signs 6-7


Content Article 6: Nonconformities




Division 6.1: Nonconforming Uses

Section: Page #

6.1.10 Purpose 6-1

6.1.20 Intent 6-1






6.1.10 Purpose

This article provides for the removal and termination of illegal nonconformities and the regulation of legal nonconforming uses, structures, sites, and signs, and specifies those circumstances and conditions under which legal nonconformities are permitted to continue or expand.

6.1.20 Intent

Where uses, structures, or sites legally existing on the effective date of this Development Code,

or any subsequent amendment thereto, are not in conformity with the provisions of this

Article, it is the intent of this section to declare such features within the Town to be nonconforming.

The Town recognizes that nonconformities vary in the degree of conflict, annoyance, incompatibility, or hazard to the community. It is the policy of the Town to bring such features into conformance with this Development Code as quickly as possible, and as is reasonably practicable without unduly disrupting the rights of the landowner or the community.

6.1.30 Continuing Existing Uses

Any use existing at the time of the enactment of this chapter which does not conform with the provisions of this Development Code for the district in which it is located shall be deemed to be a nonconforming use and may be continued only as hereinafter specified.

6.1.40 Change of Use

A nonconforming use shall not be changed to another nonconforming use.

6.1.50 Abandonment of Use

A. As defined herein, a use shall be deemed to have been abandoned when it has been discontinued, whether temporarily or permanently, with or without the intent to abandon, for a period of 60 days or more.

B. A nonconforming use of a structure, building, or land which has been declared abandoned shall not thereafter be reestablished except in conformity with the provisions of this Development Code.

6.1.70 Nonconforming Uses


6.1.60 Extensions

A nonconforming use of land or building shall not be enlarged, intensified, or extended in such a way except in conformity with this Development Code, except a nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Development Code, but no such use shall be extended to occupy any land outside such building.

6.1.70 Illegal Use

The temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.


Division 6.2: Nonconforming Structures

Section: Page #

6.2.10 Intent 6-3





6.2.10 Intent

Where structures or buildings legally existing on the effective date of this Development Code or any subsequent amendment thereto, are not in conformity with the provisions of this Development Code, it is the intent and purpose of this division to declare such buildings and structures within the Town to be nonconforming.

6.2.20 Repairs, Alterations, and Maintenance

Any nonconforming building or structure that is renovated, repaired, altered, or otherwise improved by more than 60 percent of its reasonable replacement value at the time of renovation, repair, or alteration shall be brought into conformance with landscaping, buffering, sign, lighting, access, and parking requirements. Architectural design changes required to bring the site into conformity with the requirements of this Development Code shall be in proportion to the alterations proposed by the applicant. The provisions of this section shall not apply to any single-family dwelling used for residential purposes.

6.2.30 Restoration of Damaged Structures

A. Any nonconforming building or structure, including signs, damaged more than 50 (Linda to research number) percent of their reasonable replacement value at the time of damage by fire, flood, explosions, wind, earthquake, war, riot or other act, shall not be restored or reconstructed and used except in conformity with the requirements of this Development Code and all rights as a nonconforming use are terminated. The provisions of this subsection shall not apply to any single family dwelling residence used for residential purposes.

B. For purposes of this section, the percentage of damage for buildings shall be calculated by dividing the estimated cost of restoring the building as nearly as possible to its condition prior to the occurrence, by the appraised value of the building (excluding the value of the land) immediately prior to the occurrence.

C. The percentage of damage for other structures shall be calculated by dividing the estimated cost of restoring the structure (or sign) by its reasonable replacement cost.

6.2.40 Reconstruction

A nonconforming structure shall not be demolished and rebuilt as a nonconforming structure, except a nonconforming structure listed in the “Beaufort County Above Ground Historic

6.2.50 Nonconforming Structures


Resources Survey Beaufort County, South Carolina” ( a m e n d e d ? ? ? 1 9 9 7 ) may be allowed to be rebuilt within the original (pre-demolition) footprint.

6.2.50 Extensions

A nonconforming building shall not be enlarged, intensified, or extended in such a way except in conformity with this Development Code except as follows:

A. In cases where the primary building on a lot is nonconforming solely as a result of a setback encroachment, additions to the structure can be allowed, provided the new addition does not project into the setback. If a proposed addition would encroach into the same setback that already had been encroached upon, the addition can be allowed, provided that it projects no further into the setback than the existing structure, and in no way extends past the line of the existing structure. This section does not apply to a nonresidential use which adjoins a residential use on the side of the lot having the setback nonconformity (See Figure 6 .2.50.A, Permitted Extensions for Nonconforming Buildings).

B. Reserved.

Diagram 6.2.50.A: Permitted Extensions for Nonconforming Buildings.


Division 6.3: Nonconforming Lots of Record

Section: Page #


6.3.10 Nonconforming Lots of Record

A. This section applies only to undeveloped nonconforming lots of record. A lot is undeveloped if it has no substantial structures upon it.

B. When a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller in area and/or width than the required minimum set forth in Article 3 (Specific to Zones), then the lot may be used just as if it were conforming.

C. When the use proposed for a nonconforming lot is one that is conforming in all other respects, but the applicable setback requirements set forth in Article 3 (Specific to Zones) cannot reasonably be complied with, then the entity authorized to issue a permit for the proposed use may allow deviations from the setback requirements if it finds that:

1. The property cannot reasonably be developed for the use proposed without such deviations; and

2. These deviations are necessitated by the size or shape of the nonconforming lot; and

3. The property can be developed as proposed without any significant adverse impact on surrounding properties or the public health or safety.

D. For purposes of paragraph C above, compliance with applicable building setback requirements is not reasonably possible if a building serving the minimal needs of the proposed use cannot practicably be constructed and located on the lot in conformity with

such setback requirements; however, mere financial hardship does not constitute grounds

for finding that compliance is not reasonably possible.

E. Any lot or parcel of land resulting from any division shall comply with the zone minimum lot area and width standards.

F. Unity of title shall be required for any construction or expansion where multiple nonconforming lots are used as a single parcel for development purposes. In consideration of the Town’s issuance of a permit for such construction, the landowner shall agree to restrict such lots in the following manner:

1. The property shall be considered as one parcel of land, and no portion of that parcel of land shall be sold, transferred, devised or assigned separately, except in its entirety as one parcel of land. Any further subdivision of the parcel of land shall comply with this Development Code. This condition, restriction and limitation shall be deemed a covenant running with the land, and shall remain in full force and effect and be binding upon any landowner, and heirs and assigns.

2. A unity of agreement shall be recorded in the public records of Beaufort County acknowledging the above requirements and placing the required covenant upon the



land. Release of any recorded unity of title agreement must be approved by Beaufort County.


Division 6.4: Nonconforming Signs

Section: Page #


6.4.10 Nonconforming Signs

A. Any sign constructed after the adoption date of this article and which is found to exist in violation of this article shall be declared to be illegally nonconforming and shall be removed after 30 days' notice. If the owner or lessee fails to remove the sign during the permitted time, then the Town Manager or his/her designate, or an independent contractor secured by the Town shall remove the sign and the ensuing charges shall be assessed to the owner or lessee.

B. A nonconforming sign shall not be changed or replaced with another nonconforming sign, including changing the sign face, except for changeable copy signs.

C. An existing nonconforming sign cannot be modified in any way aside from routine maintenance without bringing the sign into conformity with this section subject to the provisions outlined in subsection D.

D. Any existing sign not meeting the requirements of this Development Code shall be brought into compliance with this Development Code before a business license will be issued for a new resident business. Any existing sign not meeting the requirements of this Development Code shall be brought into compliance with this section before a business name can be changed.

E. Temporary nonconforming signs having obtained a sign permit before the adoption date of this Development Code, shall be permitted to remain for the life of the permit.

F. Signs on awnings or canopies shall be removed when the tenant vacates the building.

G. Nonconforming supports and brackets and unused signs must be completely removed before a new sign is installed. Any holes in the building must be appropriately patched.





Article 7: Enforcement

Content Page #

Division 7.1: Compliance Required 7-1




Division 7.2: Procedures 7-3






7.2.60 Costs 7-4


Division 7.3: Remedies and Penalties 7-7

7.3.10 General 7-7




Content Article 7: Enforcement




Division 7.1: Compliance Required

Section: Page #




7.1.10 Compliance Required

Compliance with all the procedures and standards of this Development Code, and all terms and conditions of permits and development approvals is required by all persons owning, developing, managing, using, or occupying land, structures, or signs in the Town.

7.1.20 Violations Generally

A. Any failure to comply with a standard, requirement, prohibition, or limitation imposed by this Development Code, or the terms or conditions of any permit or development approval granted in accordance with this Code shall constitute a violation of this Development Code punishable as provided in this Article.

B. Permits or development approvals issued on the basis of applications approved by the Town Council, Planning Commission, Zoning Board of Appeals, HPC, DRB, or the Administrator authorize only the use, arrangement, location, design, density/intensity, and development set forth in such permits or development approvals, and no other development.

C. Violations of this Development Code shall run with the land where the violation occurred, and shall not be voided by sale or transfer.

7.1.30 Specific Violations

It shall be a violation of this Development Code to do any of the following:

A. Develop land or a structure without first obtaining the appropriate permits or development approvals.

B. Occupy or use land or a structure without first obtaining the appropriate permits or development approvals.

C. Develop land or a structure without complying with the terms or conditions of the permits or development approvals required to engage in development.

D. Occupy or use land or a structure in violation of the terms or conditions of the permits or development approvals.

E. Subdivide land without first obtaining the appropriate permits or development approvals required to engage in subdivision.

F. Subdivide land without complying with the terms or conditions of the permits or development approvals required to engage in development.

7.1.30 Compliance Required


G. Excavate, grade, cut, clear, or undertake any land disturbing activity without first obtaining the appropriate permits or development approvals, and complying with their terms and conditions.

H. Remove existing trees from a site or parcel of land without first obtaining the appropriate permits and development approvals, and complying with their terms and conditions.Clearcutting in anticipation of development. If an owner cuts all or any portion of his or her property under the claim of good faith forestry practice, and then seeks a development permit for any portion of the property within two years of the cut, a rebuttable presumption shall arise that the cut was done in anticipation of future development and the permit denied. Any person seeking to rebut the presumptions shall have the burden of proving their claim by clear and convincing evidence.

I. Install, erect, alter, or maintain any sign without first obtaining the appropriate permits or development approvals.

J. Fail to remove any sign installed, erected, or maintained in violation of this Development

Code, or for which the permits have lapsed.

K. Fail to maintain signs in accordance with 5.9.180 (Sign Maintenance and Enforcement).

L. Fail to make alterations and/or construction in compliance with approved plans when a Certificate of Appropriateness has been issued by the Historic Preservation Commission. See 3.3.50 (Historic Preservation Overlay (HPO) Zone Standards).

M. Create, expand, replace, or change any nonconformity except in compliance with this Development Code.

N. Reduce or diminish the requirements for development, design, or dimensional standards below the minimum required by this Development Code.

O. Increase the intensity or density of development, except in accordance with the standards of this Development Code.

P. Through any act or omission, fail to comply with any other provisions, procedures, or standards as required by this Development Code.


Division 7.2: Procedures

Section: Page #






7.2.60 Costs 7-4


7.2.10 Responsibility for Enforcement

The Administrator shall be responsible for enforcing the provisions of this Development Code.

7.2.20 Complaints Regarding Violations

Whenever a violation of this Development Code occurs, or is alleged to have occurred, any person may file a complaint. Such complaint shall state fully the alleged violation and the basis for the alleged violation, and shall be filed with the Administrator, who shall maintain a record of the complaint. The complaint shall be investigated promptly by the Administrator as provided in Section 7 .2.30 (Inspections to Ensure Compliance), and action taken to abate or correct the violation.

7.2.30 Inspections to Ensure Compliance

Upon presentation of proper credentials, the Administrator may enter upon land or inspect any structure to ensure compliance with the provisions of this Development Code. These inspections shall be carried out during normal business hours unless the Administrator determines there is an emergency necessitating inspections at another time.

7.2.40 Notice of Violation

A. When the Administrator finds and determines a violation of this Development Code exists, the Administrator shall notify, in writing, the person violating the Development Code. Such notification shall serve as a warning notice of a violation. It shall be delivered to the owner and any person occupying the land or structure where the violation occurs. The notice shall state the following:

1. The address and legal description of the land, structure, or sign that is in violation of this Development Code;

2. The nature of the violation, the provisions of this Development Code being violated, and the necessary action to remove or abate the violation;

3. The date by which the violation should be removed or abated (The time period shall be no less than three or no more than ten days, except in emergency cases); and

7.2.60 Procedures


4. The penalty for failing to remove or abate the violation, stating that if the nuisance recurs, a notice to appear in Municipal Court will be issued without further notice.

B. If no one is present or refuses to accept the notice of violation, the Administrator shall post the warning notice on the residence or building entrance. If the land is unimproved, the notice may be placed on a tree or other similar object on the land subject to the violation.

C. A written notice containing the same information as the notice delivered or posted on the land shall be mailed to the owner or the owner’s authorized agent, and any other person’s responsible for the violation, by certified mail.

7.2.50 Failure to Correct Violation

A. If the person(s) to whom a warning notice has been given in accordance with Section

7.2.40 (Notice of Violation), fails to remove or abate the violation in the time specified in

the notice and severe conditions exist that affect health, welfare, or safety, or cause severe environmental degradation, the Town through the Administrator may lawfully enter upon the land where the violation remains unabated to remove or abate the violation, at the expense of the person(s) responsible for creating or maintaining the violation(s).

B. Under all other circumstances, if the person(s) to whom a warning notice has been given in accordance with Section 7 .2.40 (Notice of Violation), fails to remove or abate the violation in the time specified in the notice, the Administrator shall fill out and sign, as the complainant, a complaint and information form and a Notice to Appear in the appropriate court of Beaufort County. The Notice to Appear shall include the following:

1. Name of the owner of the land subject to the violation, any occupants, and any other person(s) responsible for the violation(s);

2. The address or legal description of the land on which the violation is occurring;

3. The nature of the violation;

4. The provision(s) of this Development Code being violated;

5. The date on which the case will be on the court docket for hearing; and

6. Any other information deemed pertinent by the Administrator.

C. The original copy of the Notice to Appear shall be forwarded to the Clerk of the Court for inclusion on the court's docket for the date indicated on the notice.

D. The Notice to Appear shall be provided to all persons in violation of this Development Code. The notice shall be hand delivered to any occupants of the land where the violation is occurring. In addition, the Administrator shall fill out and sign the Notice to Appear as the complainant and deliver the original plus one copy to the Clerk of the Court. The Clerk shall verify or insert the date the case is set for hearing before the court. The Clerk shall mail a copy of the Notice to Appear, by certified mail, to all person(s) named in the Notice to Appear, at their last known address.

7.2.60 Costs

All costs and expenses incurred by the Town in removing or abating any violation under this Development Code may be assessed against the land on which the violation occurs as a lien on the property. Alternatively, the cost of removing or abating the violation may be made part of the judgment by the Judge, in addition to any other penalties and costs imposed if the person(s) charged either pleads or is found guilty of causing, creating, or maintaining a violation.

Procedures 7.2.70


7.2.70 Repeat Violations

A. In instances of repeat violations, the warning notice provisions of this Section need not be observed.

B. Each day a violation continues after the expiration of the warning period to abate such violation shall constitute a separate offense.

7.2.70 Procedures




Division 7.3: Remedies and Penalties

Section: Page #

7.3.10 General 7-7




7.3.10 General

Any person violating this Development Code shall be guilty of a misdemeanor and, upon conviction, shall pay such penalties as the court may decide, as prescribed by State law, not to exceed $500.00 or 30 days imprisonment for each violation. Each day during which such conduct shall continue shall subject the offender to the liability prescribed in this Article.

7.3.20 Other Remedies and Penalties

In addition, the Town may use any combination of the following enforcement actions, remedies, and penalties in any particular order to correct, stop, abate or enjoin a violation of this Development Code: A. Stop Order. The Administrator or Town Attorney may issue and serve upon a person

violating this Development Code a stop order requiring that the person stop all actions in violation of this Development Code, including illegal occupation of a building or structure, illegal work being done, or any other action in violation of this Development Code.

B. Permit Revocation. Any permit, development approval, or other form of authorization required under this Development Code may be revoked if the Administrator determines that: 1. There is a failure to comply with the approved permit, development approval, plans,

specifications, or terms or conditions required under the permit or development approval;

2. The permit or development approval was procured by false representation; or 3. The permit or development approval was issued in error. Written notice of revocation shall be served upon the landowner, the landowner’s agent, or other person to whom the permit or development approval was issued, and such notice may be posted in a prominent location at the place of violation. No work or construction shall proceed after service of the revocation notice.

C. Civil Remedies. In addition to all other remedies and penalties outlined in this Article, the Town Attorney may institute an action or proceeding for injunction or mandamus or other appropriate action or proceeding to prevent, abate, or correct a violation of this Development Code or to prevent the occupancy of a structure or land that is in violation of this Development Code. Each day a person violates this Development Code shall be considered a separate offense.

7.3.40 Remedies and Penalties


7.3.30 Private Civil Relief

In case a structure or land is or is proposed to be developed or used in violation of this Development Code, an adjacent or neighboring landowner or tenant who would be specially damaged by the violation may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent the unlawful development or use, to correct or abate the violation, or to prevent the occupancy of the structure or use of the land.

7.3.40 Remedies Cumulative

The remedies provided for violations of this Development Code, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.


Article 8: Procedures

Content Page #

Division 8.1: Approval Procedures 8-1







8.1.70 Summary of Notice Required 8-3

8.1.80 Public Notice Requirements 8-3







Division 8.2: Permits and Certificates 8-9








Division 8.3: Site Development Plan Review 8-15


8.3.20 Exempt from Site Development Plan review 8-15




8.3.60 Appeals 8-16

Division 8.4: Subdivision Review 8-17

8.4.10 Purpose 8-17






8.4.70 Minor Subdivision Plat Requirements 8-18


Article 8: Procedures

Content Page #

Division 8.4: Subdivision Review (continued)

8.4.80 Major Subdivision Plat Requirements 8-18

8.4.90 Appeal 8-20


Division 8.5: Administrative Appeals 8-21




8.5.40 Hearing 8-21



8.5.70 Contempt: Penalty 8-22

8.5.80 Appeal to Circuit Court 8-22

8.5.90 Appeal to Supreme Court 8.23

Division 8.6: Relief 8-25



Division 8.7: Amendments 8-31

8.7.10 Text Amendment 8-31

8.7.20 Zoning Map Amendment 8-32

Division 8.8: Summary of Development Review Procedures 8-36

8.8.10 Summary Table of Review Authority 8-36


Division 8.1: Approval Procedures

Section: Page #







8.1.70 Summary of Notice Required 8-3 8.1.80 Public Notice Requirements 8-3







8.1.10 Conformity with Development Code

Every official and employee of the Town of Port Royal, South Carolina vested with the duty or authority to issue a building permit, grading permit, or business license shall not issue a permit or license for any use, building, or purpose that conflicts with any provision of this Development Code. Any permit or license or certificate issued in conflict with the provisions of this Development Code, whether intentionally or unintentionally, shall be null and void.

8.1.20 Pre-application Conference

A. Mandatory Pre-application Conference.

A pre-application conference with the Administrator shall be required prior to filing an application for the following approvals:

1. Subdivision Review involving the creation of new streets (Preliminary and / or Final Review);

2. Map Amendment (Rezoning); or

3. Text Amendment to the Development Code.

The Administrator shall have the authority to waive any mandatory pre-application conference where such conference is deemed unnecessary.

B. Optional Pre-application Conference.

Prior to the submission of any application required by this Development Code, a potential applicant may request an optional pre-application conference to discuss procedures, standards or regulations required by this Development Code. Upon receipt of such request, the Administrator shall afford the potential applicant an opportunity for such a pre-application conference at the earliest reasonable time.

8.1.60 Approval Procedures


8.1.30 Application Forms and Fees

The following regulations shall apply to all applications.

A. Forms.

Applications required under this Development Code shall be submitted on forms and in such numbers as required by the Town.

B. Fees.

1. Filing fees shall be established from time to time by ordinance of the Town Council to defray the actual cost of processing the application;

2. All required fees shall be made payable to "The Town of Port Royal"; and

3. An applicant who has paid an appropriate fee pursuant to the submission of an application, but who chooses to withdraw such application prior to any review or action taken, shall be entitled to a refund of 75 percent of the total amount paid upon written request to the Town.

8.1.40 Application Deadline

All applications shall be completed and submitted to the Administrator according to schedules as determined by the Town.

8.1.50 Complete Application Required

A. The Administrator shall have five working days to review the application and confirm that all required items have been submitted and the application is complete.

B. If the application is not complete, the Administrator shall inform the applicant in writing within the five-day period, specifying the ways in which the application is incomplete.

C. Following notification in writing that an application is incomplete, the applicant shall have 60 days during which to provide the requested materials and complete the application. Any application for which additional materials have not been forthcoming during this 60-day period shall be considered null and void. This application period may be extended by the Administrator upon mutual agreement to provide the required materials at some date certain in the future.

8.1.60 Concurrent Processing

Any applicant may submit an application for any sequential approvals (such as a Zoning Map Amendment and Preliminary Plat) required under this Development Code and request that such sequential approvals be processed concurrently; however, such concurrent processing shall proceed at the applicant’s own risk, and shall have no implication in regard to the approval of any of the various approvals requested.

Approval Procedures 8.1.80


8.1.70 Summary of Notice Required

Notice shall be required for development review as shown in the Table 8.1.70.A below.

Table 8.1.70.A: Summary of Notice Required

Procedure Published Posted

Special Exception Review x x

Variance x x

Administrative Appeal x

Certificate of Appropriateness (for

demolition only)

x x

Zoning Map Amendment (Rezoning) x x

Text Amendment (Development Code) x

8.1.80 Public Notice Requirements

A. Published Notice.

A distinctive advertisement (Public Hearing Notice) shall be placed by the Administrator in a local newspaper of general circulation within the Town not less than 15 calendar days prior to the meeting for the purpose of notifying the public of all Public Hearing agenda items which may be considered or reviewed.

B. Posted Notice.

When required, a notice of application sign shall be posted by the Administrator not less than 15 calendar days prior to the meeting at which the application will be reviewed. The sign shall be posted on the subject property in a location clearly visible from each street adjacent to the property.

C. Mailed Notice.

As a courtesy, the Town may choose to provide mailed notice from time to time.

D. Content of Notice.

The Notices listed above shall contain the following specific information.

1. Content in a Published Notice.

A published notice shall provide at least the following information:

a. The general location of land that is the subject of the application;

b. The legal description, tax map and parcel number, or street address;

c. The substance of the application, including the magnitude of proposed development and the current zone;

d. The time, date and location of the public hearing;

e. A phone number to contact the Town; and

f. A statement that interested parties may appear at the public hearing.

2. Content in a Posted Notice.

Required posted notices shall indicate the following:

a. Type of application;

b. The date of the public hearing; and



c. A phone number to contact the Town.

8.1.90 Public Hearing Procedures

If the development application is subject to a public hearing by an advisory or decision-making body (e.g. Town Council, Planning Commission, Zoning Board of Appeals, HPC, etc), the advisory or decision-making body shall hold the public hearing in accordance with the following procedures.

A. Conduct of Public Hearing.

1. Burden of Proof or Persuasion. The burden of demonstrating that an application complies with applicable review and approval standards of this Development Code is on the applicant.

2. Rights of All Persons. Any person may appear at a public hearing and submit testimony, either individually or as a representative of a person or an organization.

3. Continuance of Public Hearing. The body conducting the public hearing may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time, and place. An applicant shall have the right to request and be granted a continuance upon a showing of good cause.

4. Recording. The body conducting the public hearing shall record the public hearing. The written or taped record of oral proceedings (including testimony and statements of personal opinions), the hearing minutes, all applications, exhibits and papers submitted in any proceeding before the review board, the staff report, and the recommendation or decision shall constitute the record.

5. Public Record. All records of public hearings conducted by an advisory or decision-making body shall be a public record, and a copy of the public hearing record may be obtained by any person upon request to the Administrator.

8.1.100 Procedures and Findings Following a Public Hearing.

The review body conducting the public hearing shall convey their decision in accordance with the time limits established in this Development Code for the type of application; or 30 calendar days from close of hearing, whichever is less.

8.1.110 Written Notice of Final Decision

Within 10 calendar days after a final decision is made by the Planning Commission, Zoning Board of Appeals or other Board under the requirements of this Development Code, a copy of the written decision shall be sent to the applicant or appellant. A copy of the decision shall be filed in the Office of the Administrator, where it shall be available a s p ar t o f t he p ub l i c r e c or d .

8.1.120 Time Limits for Re-submission of Application

In the event that any application required under this Development Code is denied or disapproved, an application for the same request shall not be re-filed for one year from the advertised public hearing date. Where no public hearing is required, time shall run from the date of mailing of the notice of denial. The Administrator, upon petition by the applicant, may permit a re-filing of said application after six months from the original public hearing date upon a determination that:



A. Significant physical, economic or land use changes have taken place on the subject tract or within the immediate vicinity; or

B. A text amendment has been adopted that would allow for favorable review of a resubmitted application for the subject property.

8.1.130 Expiration of Permits and Approvals

A. Generally.

1. Approval of any application pursuant to this Development Code shall authorize only

the particular use, plan, or other specific activity for which the application was issued,

and not any other approval requiring separate application.

2. Vested Rights for Final Development Plans / Plats. A vested right is established for two years upon the final approval of a development plan, plat, or phased development plan. An applicant shall have two years from final approval to receive a building permit, or, if no building permit is required, to obtain a certificate of compliance. Such vested right shall receive five one-year extensions for good cause upon written request by the landowner to the Administrator no later than one month prior to expiration unless an amendment to this Development Code has been adopted that prohibits approval.

a. A vested right in a development plan, plat, or phased development plan shall not attach to the property until all plans have been received, approved and all fees paid in accordance with this Division.

b. A vested right is subject to revocation by the Town council upon its determination, after notice and public hearing, that there was a material misrepresentation by the landowner or substantial noncompliance with the terms

and conditions of the original or amended approval.

c. A vested plan is subject to later local governmental overlay zoning that imposes site plan-related requirements, but does not affect allowable types, height as it affects density or intensity of uses, or density or intensity of uses.

d. Phased development plans remain subject to review and approval of all phases prior to any portion of the project being vested.

e. In case of projects where more than one building is to be built, the applicant may submit a series of building permit applications. The first application must be submitted within two years from the date the development plan approval is granted. Each subsequent application must be submitted within 180 days from the date of issuance of a Certificate of Compliance or Certificate of Occupancy for the previous building, whichever shall occur first. The lapse of more than 180 days shall cause the expiration of the development plan approval.

f. The Zoning Board of Appeals does not have the authority to grant a vested right and no such right shall accrue as a result of their decision.

g. Variances or Special Exception uses do not create a vested right.

h. All projects must comply with the latest adopted version of the Building Code.

3. Time Limitations f or Other Types of Approval.

a. All permits and approvals not referenced in Subsection 2 above, shall expire as shown in the Table below without further action of the Administrator, Building Official, Zoning Board of Appeals, Historic Preservat ion Commiss ion , Design Review Board, Planning Commission or Town Council, unless the holder of the permit or approval either submits a complete application for the



appropriate subsequent permit or approval; or, if no subsequent permit or approval is required, completes the work described in the permit or approval, within the time frames established.

b. An applicant who submits an appropriate subsequent application for a permit or approval must diligently pursue approval of such application, which means, at a minimum, the applicant must submit any required additional materials or revisions within the time frame specified by the Administrator or if no time frame is specified, within six months. Failure to submit the required information or revision within the specified time frame shall result in the application’s expiration.

c. Upon written request, a one-time extension of an approval may be granted by the decision-making body for good cause for a period not to exceed that shown in the Table. No written request for an extension shall be considered unless submitted to the administrator no later than one month prior to expiration. Failure to submit an application for an extension within the time limits established by this Section shall result in the approval's expiration.

Table 8.1.130.A: Approval Extension

Use Time Limit (months) Extension (months)

Special Exception 12 6

Variance 12 6

Administrative Appeal 12 3

Sign Permit 6 3

Zoning Permit 12 6

Site Development Plan 12 6

Subdivision Plat 12 6

8.1.140 Written Interpretation

A. Applicability. The Administrator shall have authority to make all written interpretations concerning the provisions of this Development Code.

B. Request for Interpretation. A request for interpretation shall be submitted to the Administrator in writing.

C. Interpretation by Administrator.

1. The Administrator shall:

a. Review and evaluate the request in light of the text of this Development Code, the Official Zoning Map, the Comprehensive Plan and any other relevant information;

b. Consult with other staff, as necessary; and

c. Render an opinion.

2. The interpretation shall be provided to the applicant in writing by mail.

D. Official Record. The Administrator shall maintain an official record of interpretations. The record of interpretations shall be available for public inspection during normal business hours.

Interpretation Required


Decision by Administratorr

Proceed to Applicable Process or Permit if needed

Appeal to

ZBOA



E. Appeal. Appeals of written interpretations made by the Administrator shall be made to the Zoning Board of Appeals within 30 days of the decision, in accordance with the procedures found in Division 8.5 (Administrative Appeals).

F. Fee. The Town may charge a fee in order to defray costs associated a written interpretation.





Division 8.2: Permits and Certificates

Section: Page #








8.2.10 Building Permit

A. No building or other structure shall hereafter be erected, moved, added to, or structurally altered without a permit issued by the Building Official except in conformity with the provisions of this Development Code.

B. No Building Permit issued under the provisions of this Development Code shall be considered valid unless signed by the Building Official.

C. Unless exempted in accordance with Section 8.2.60 (Development Design Review), all new development and exterior improvements or changes to existing development in the Town of Port Royal shall receive Development Design Review approval prior to the Building Official granting a Building Permit.

8.2.20 Certificate of Occupancy

A. Certificate of Occupancy Required. No building or other structure shall hereafter be occupied without a permit issued by the Building Official. No Certificate of Occupancy issued under the provisions of this Development Code shall be considered valid unless signed by the Building Official.

B. Applicability. A Certificate of Occupancy shall be required for any of the following:

1. Occupancy and use of a building hereafter erected or enlarged;

2. Change in occupancy or use of an existing building; or

3. Any change in a nonconforming use or structure.

C. Unlawful to Occupy Without Valid Certificate of Occupancy. It shall be unlawful to use or occupy or permit the use or 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 or structure until a Certificate of Occupancy shall have been issued therefore by the Building Official stating that the proposed use of the building or land conforms to the requirements of this Code. Failure to obtain a Certificate of Occupancy shall be a violation of this Code, and punishable subject to Article 9 (Enforcement).

D. Temporary Certificate of Occupancy. Pending the issuance of a permanent Certificate of Occupancy, a temporary certificate may be issued. The certificate shall be issued in conformity with the provisions of this Development Code and the building code by the

8.2.40 Permits and Certificates


Building Official. The temporary certificate may include such safeguards and conditions as will protect the safety of the occupants and the public. Where improvements required by this Development Code or the specific approval of the development are incomplete, a guarantee acceptable to the Town equal to 125 percent of the costs of such improvements may be required to ensure the installation of the improvements.

8.2.30 Certificate of Compliance

A. Applicability. The regulations set forth in this Section shall apply to any development which has previously obtained a Subdivision or Site Development Plan approval pursuant to the provisions of this Article.

B. Certificate of Compliance Required. The development, or approved phase thereof, may not be occupied or used until a Certificate of Compliance has been obtained from the Administrator. Approved phase for purposes of this Section shall be an approved phase through the Subdivision or Site Development Plan approval process, or a phase thereof approved by the Administrator prior to a request for an inspection for a Certificate of Compliance. In order for a phase to receive a certificate of compliance, that approved phase must be able to function alone with all required infrastructure including, but not limited to, access drives, parking, drainage facilities, utilities, and required landscaping/tree planting.

C. Determination of Compliance by Administrator. Upon completion of all development work and simultaneous with the applicant's request to the Administrator for a final site inspection, the applicant shall submit the applicable documents to the Administrator for review and approval. Following the review of the materials submitted above, the Administrator shall schedule and conduct a final inspection for the purpose of verifying compliance with all applicable provisions of this Section, requirements of Subdivision approval, S ite Development Plan approval or permit and any other applicable approval. Upon determination of compliance, the Administrator shall complete a Certificate of Compliance and forward it to the applicant.

D. Issuance of Certificate of Occupancy. A final Certificate of Occupancy shall not be issued by the Building Official until a Certificate of Compliance has been issued for the site or phase thereof in which the building is located.

E. Appeals. Appeals of Certificate of Compliance applications denied by the Administrator shall be taken to the Zoning Board of Appeals within 30 days of the decision, in accordance with the procedures found in Division 8 .5 (Administrative Appeals).

8.2.40 Sign Permit

A. Sign Permits Required. No sign shall hereafter be erected, moved, added to, or structurally altered without a permit therefore, issued by the Administrator in conformity with the provisions of this Development Code. No Sign Permit issued under the provisions of this Development Code shall be considered valid unless signed by the Administrator.

B. Review and Action by Administrator.

1. Sign Permit Review may run concurrently with Development Design Review. The Administrator shall require Development Design Review approval prior to granting a Sign Permit.

2. The Administrator shall review each Sign Permit application in light of this Development Code and any adopted master sign plan (approved prior to the date of adoption of this Development Code), and shall act to approve, approve with conditions or deny the permit. The Administrator may grant approval with conditions only to the

Sign Permit Required

Optional Pre-Application

Meeting

Submit Application

Materials to Staff

Decision by Administrator

Sign Permit Issued

Install Sign

Appeal to

ZBOA

Permits and Certificates 8.2.50


extent that such conditions specify the actions necessary to bring the application into complete compliance with this Development Code or the previously approved master sign plan. The Administrator shall be responsible for issuing all Sign Permits.

C. Maintenance and Repair. Cleaning, painting, repainting and other routine maintenance and repair of a sign shall not require a Sign Permit unless a structural or size change is made.

D. Expiration of Approval. Any Sign Permit issued for the erection of a sign shall become invalid unless the work authorized by it shall have been commenced within six months after its issuance.

E. Appeals. Appeals of Sign Permit applications denied by the Administrator shall be taken to the Zoning Board of Appeals within 30 days of the decision, in accordance with the procedures found in Division 8 .5 (Administrative Appeals).

8.2.50 Special Exception Permit

A. Purpose. A use designated as requiring a Special Exception (SE) Permit in the Principal Use Table (see Section 4.1.30) may be appropriate for the zone, but because of its character and intensity requires special consideration of its location, design, and methods of operation before it can be approved for the proposed site and surroundings. The purpose of this Division is to establish a mechanism to review Special Exceptions to ensure that these uses are appropriately developed in the zone.

B. Application. A Special Exception application form as published by the Administrator and appropriate fee as required by Section 8 .1.30 (Application Forms and Fees) shall be required, along with such accompanying material as is required to ensure compliance with the criteria listed below.

C. Approval Process.

1. Staff Review and Report. The Administrator shall prepare a staff report that reviews the proposed development in light of the Comprehensive Plan, the review criteria listed below, and the requirements of Section 4.1.20.A.3 (Special Exception) and this Development Code. A copy of the report shall be provided to the Design Review Board and the applicant before the scheduled hearing.

2. Mailed Notice. A courtesy notice of any Special Exception application shall be provided by US Mail to all property owners within 200 feet of the subject property. Failure to provide such notice shall not be considered a jurisdictional defect, provided that published notice in accordance with Section 8 .1.80 (Public Notice Requirements) has been provided.

3. Action by Design Review Board.

a. Following posted and mailed notice in accordance with Division 8 .1 (Approval Procedures), the Design Review Board shall hold a public hearing on the Special Exception application.

b. After review of the application and the public hearing, the Design Review Board shall make a written finding and approve, approve with modifications or conditions, or disapprove the request.

c. If approval, or approval with modifications or conditions is granted, the decision shall be communicated in writing within 15 working days to the applicant, and the applicant shall then be authorized to submit a development permit application consistent with this Development Code.

Special Exception Permit Required



Staff Filing with Design Review Board

Decision by Design Review Board

Special Exception Permit Issued

Proceed to Building Permit or Certificate

of Occupancy

Appeal to

Circuit

Court



D. Special Exception Review Criteria. The Design Review Board may approve an application for a Special Exception where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the general public. The Board shall consider the following criteria in its review:

1. Whether the proposed use is compatible with existing land uses in the surrounding area;

2. Whether the proposed site plan, circulation plan, and schematic architectural designs are harmonious with the character of the surrounding area;

3. The likely impact on public infrastructure such as roads, parking facilities, and water and sewer systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to adequately service the proposed use without negatively impacting existing uses in the area and in the Town (A traffic impact analysis (TIA) may be required as determined by the Administrator);

4. Whether the proposed use and designs are in general conformity with the Town's Comprehensive Plan and any other plans officially adopted by the Town;

5. Likely impact on public health and safety; and

6. Potential creation of noise, lights, fumes, dust, smoke, vibration, fire hazard, or other injurious or obnoxious impacts.

E. Conditions. The Design Review Board may impose such conditions and restrictions upon the application as may be necessary to minimize or mitigate any potential adverse impacts of the proposed use.

F. Appeal. Any party aggrieved by the Design Review Boards’ decision may appeal such determination to the Circuit Court of Beaufort County by filing with the Clerk of the Court a written petition within 30 days of the decision, in accordance with the procedures found in Division 8 .5 (Administrative Appeals) of this Development Code.

8.2.60 Development Design Review

A. Purpose. Development Design Review is intended to promote a thriving, mixed use, pedestrian friendly Town comprised of unique communities that:

1. Preserve and enhance the visual character and aesthetic qualities of Port Royal for its citizens’ and visitors’ enjoyment; and

2. Preserve and enhance the unique character and value of all properties.

B. Applicability.

1. New Development, Additions and Major Alterations. All private and public development located within the Town shall be subject to the provisions of this Section.

2. Exemptions. Where specific uses or types of development are exempt from the provisions of this Development Code, those same uses and types of development shall be exempt from the requirements of this Section (e.g. In T1, T2, and T3 Single-Family Detached Residential is exempt from the Architectural Standards of Division 5.4. Therefore, new development, additions, and major alterations involving this specific use, in these specific zones, shall not be reviewed against the provisions of this Section).

3. Design Review Required. No permit shall be issued for new development nor for

any exterior improvements or changes to existing development subject to the

requirements of this Article without receiving Development Design Review approval.

a. Development S ubject to Staff Approval.

Permits and Certificates 8.2.60


(1) All Development shall meet the requirements of this Development Code.

(2) The Administrator, in consultation with the Town Architect, shall approve all aspects of site planning and exterior architecture, including aesthetic appropriateness, fit with historic context, environmental implications, traffic impacts, and any other site-specific matters as they relate to the design of the following types of development:

(a) Individual parcels in single-family residential use, or in a single family or mixed-use residential subdivision;

(b) New nonresidential development on undeveloped sites;

(c) New nonresidential development on redevelopment sites;

(d) Demolition of structures of any size where no new building is proposed;

(e) New duplex, townhouse , multifamily, or mixed-use development;

(f) Exterior alterations and/or additions to structures and sites in existing nonresidential development; and

(g) Exterior alterations and/or additions to structures and sites in existing single-family, duplex, townhouse or multifamily development.

(3) The Administrator, in consultation with the Town Architect, shall have the authority to grant or require alterations to proposed development:

(a) Where compliance would create undue hardship (e.g. an addition in which the new portion of the structure would be incompatible with the existing structure, or the application of roofing materials that are consistent with the goals of preservation, but are not expressly permitted); or

(b) On the basis of architectural merit, in which the proposed alteration meets or exceeds the level of architectural quality, construction, and urban design presently required; and remains consistent with the Purpose and Intent conveyed in each Division.

Such alterations are part of the Development Design Review process and are not considered to be an Administrative Adjustment or Variance. They shall not establish precedence for future projects.

b. Development Subject to Design Review Board (DRB) Approval. At the request of the Administrator or Applicant, the Administrator shall submit any application

subject to Staff approval to the DRB for approval.

(1) DRB Review Standards. The DRB shall review forwarded applications using the same standards conveyed in 8.2.60.B.3 (Design Review Required) above.

(2) DRB Review Procedures. Th e DR B s ha l l r e v ie w f o r w a r d e d a p p l i c a t i o n s i n accordance with the following procedures:

(a) Applications shall be submitted to the Design Review Board according to a schedule prepared by the Administrator and approved by the Design Review Board.

(b) Applicants are encouraged but not required to begin the process with a conceptual presentation of the project to the Board.

(c) Projects involving new development, major additions, or major alterations will typically undergo a preliminary and a final review.

Development Design Review Required



Decision by Staff or Forward Material to

DRB

Decision by DRB

Development Design Review Approved

Coordinate with Site Dev Plan, Subdivision Plat, or Sign Permit, if applicable; proceed

to Certificate of Compliance or Building Permit

Appeal to

Circuit

Court



(d) The Design Review Board may continue the initial public hearing only once to provide guidance to the applicant regarding revisions to the proposed project.

(e) Applicants shall be informed in writing of the outcome of their review.

C. Approvals. Approved documents, written recommendations, and findings rece ived dur ing t he Development Design Review process shall become a part of any future permitting submissions.

D. Appeal. A person having substantial interest may appeal a decision of the Design Review Board to the Circuit Court of Beaufort County within 30 days of the decision.

8.2.70 Certificate of Appropriateness

See Section 3.3.50 (Historic Preservation Overlay (HPO) Zone Standards).


Division 8.3: Site Development Plan Review

Section: Page #


8.3.20 Exempt from Site Development Plan Review 8-15




8.3.60 Appeals 8-16


The purpose of this Division is to ensure that the layout and general site design of proposed development in which the landowner intends to commence public facility, infrastructure, or support facility improvements is compatible with its surroundings and complies with all applicable standards in this Development Code. No Building Permit shall be issued by the Building Official until a Site Development Plan approval has been granted.

8.3.20 Exempt from Site Development Plan Review

The following activities or uses shall be exempt from a Site Development Plan review, although they may be reviewed under a separate administrative procedure where noted in this Division or other Divisions of this Article:

A. Routine maintenance of any structure, not including any change in color or materials.

B. The use or intended use of land, with or without accessory structures, for the purposes of agriculture, raising of crops, and forestry.

C. Any single-family residence, including manufactured homes, on an individual parcel, tract, or lot of record, or on a lot within a platted subdivision existing prior to the adoption of this Development Code or approved under this Development Code.

D. Cleaning, painting and other routine maintenance and repair.

E. Home Occupations as defined in this Division and as regulated by Section 4.2.10.B. (Home

Occupation).

F. Uses Customarily Accessory to Residential S tructures (e.g., Private Garage, Private Swimming Pool and Pool House, Garden Shed), as conveyed in Section 4.3.40.

G. Temporary uses that do not materially affect the area's natural environment, parking requirements, transportation patterns, public health, or economic values.

8.3.30 Review and Action by the Administrator

A. Site Development Plan Review may run concurrently with Development Design Review. The Administrator shall require Development Design Review approval prior to granting Site Development Plan Review approval.

Site Development Plan Review

Required


with the Administrator



Site Development Plan Approved

Building Permit or Certificate of

Compliance Issued

Appeal to

ZBOA

8.3.60 Site Development Plan Review


B. Plans submitted for review under this Division shall be processed and the applicant notified in writing of such approval or disapproval within 30 days from the date of submittal to the Administrator. If the proposed Site Development Plan is determined by the Administrator to be consistent with all applicable provisions of this Division, the Administrator shall approve the Site Development Plan and so advise the applicant in writing. A determination by the Administrator that all such requirements and provisions have not been satisfied shall result in disapproval of the Site Development Plan and notice of such disapproval shall be provided to the applicant in writing.

8.3.40 Site Development Plan Review Standards

A. An application for a Site Development Plan Review shall be approved on a finding the applicant has demonstrated the proposed development:

1. Is consistent with the Comprehensive Plan;

2. Complies with the applicable standards of this Development Code;

3. Complies with all other applicable standards of the Town’s Code of Ordinances and State and Federal law; and

4. Complies with all standards or conditions of any prior applicable development permits and approvals.

B. Reserved.

8.3.50 Expiration of Site Development Plan Approval

An approved S ite Development Plan shall expire 12 months from the date of approval unless the proposed development is pursued as set forth below:

A. A complete Building Permit application has been submitted or, if no Building Permit is required, a Certificate of Compliance has been issued.

B. In case of projects where more than one building is to be built, the applicant may submit a series of Building Permit applications. The first application must be submitted within one year from the date Site Development Plan approval is granted. Each subsequent application must be submitted within 180 days from the date of issuance of a Certificate of Compliance or Certificate of Occupancy for the previous building, whichever shall occur first. The lapse of more than 180 days shall cause the expiration of the Site Development Plan approval.

8.3.60 Appeals

Appeals of Site Plan applications denied by the Administrator shall be taken to the Zoning Board of Appeals within 30 days of the decision, in accordance with the procedures found in Division 8 .5 (Administrative Appeals).


Division 8.4: Subdivision Review

Section: Page #

8.4.10 Purpose 8-17






8.4.70 Minor Subdivision Plat Requirements 8-18 8.4.80 Major Subdivision Plat Requirements 8-18

8.4.90 Appeal 8-20


8.4.10 Purpose

The purpose of this Division is to provide a uniform means for the review and approval of division of land and to ensure, in conjunction with the development and design standards of Division 2.5 (Specific to Subdivision) that new subdivisions are consistent with the Town’s community-oriented character by ensuring the adequate and timely provision of required blocks, lots, open space set-asides, thoroughfares, infrastructure, and other facilities and services.


A. Subdivision approval shall be required before any of the following activities occur:

1. The division of land (for any purpose) into two or more parcels;

2. Development on a parcel not previously subdivided; or

3. Development that involves the construction of any public improvements that are to be dedicated to the Town.

B. Exemptions. See Section 2.5.20 (Applicability) for a list of activities t ha t a re exempt from the subdivision a p p r o v a l requirements of this Development Code.

8.4.30 Unlawful to Record Plat without Town Approval

It shall be unlawful to offer and cause to be recorded any plan, plat or re-plat of land within the Town limits of Port Royal with the Beaufort County Register of Mesne Conveyances unless the same bears the endorsement and approval of the Town.

8.4.40 Authority to Approve a Subdivision

The Administrator shall review and approve all Minor and Major Subdivision Plats.

8.4.50 Definition of Major and Minor Subdivision

A Minor Subdivision is a division of land into five or fewer lots where no new streets are created. All other divisions shall be considered Major Subdivisions.

8.4.80 Subdivision Review


8.4.60 Subdivision Review Standards

A. An application for a Subdivision (major or minor) shall be approved on a finding the applicant has demonstrated the proposed subdivision:

1. Is consistent with the Comprehensive Plan;

2. Complies with the applicable standards of this Development Code;

3. Complies with all other applicable standards of the Town’s Code of Ordinances and State and Federal law; and

4. Complies with all standards or conditions of any prior applicable development permits and approvals.

B. Subdivision Review may run concurrently with Development Design Review. The Administrator shall require Development Design Review approval prior to granting preliminary approval of a Major Subdivision Plat.

8.4.70 Minor Subdivision Plat Submission Requirements

A. Procedure. A Minor Subdivision Plat shall be submitted t o t h e A d m i n i s t r a t o r .

B. Review by Technical Review Committee (TRC). Plat shall then be submitted to and checked by the TRC for conformance with the requirements of Section 8.4.60 (Subdivision Review Standards). The TRC shall review the plat and within 30 days of submission the Administrator shall:

1. Approve and certify the plat;

2. Approve and certify the plat with conditions; or

3. D e t e r m i n e t h a t all applicable provisions have not been satisfied, resulting in disapproval of the Preliminary Plat, and written notice of such disapproval to the applicant.

8.4.80 Major Subdivision Plat Submission Requirements

A. Mandatory Pre-application Meeting. The applicant and Administrator shall schedule a pre-application meeting to discuss the proposal prior to any submittal for Preliminary and / or Final Plat Review.

B. Sketch Plan Review.

1. Purpose and Procedure.

The purpose of Sketch Plan review is to afford the subdivider an opportunity to avail himself/herself of the advice and assistance of the Town staff by first submitting a simple Sketch Plan of the proposed plat for review. Although not mandatory, the purpose of the Sketch Plan is to assist the subdivider prior to extensive site planning and to facilitate the subsequent preparation and approval of subdivision plats in compliance with the requirements of Section 8.4.60 (Subdivision Review Standards)..

2. Requirements.

This procedure does not require a formal application or fee.

C. Preliminary Plat Review.

1. Procedure.

Minor Subdivision Required


Meeting

Submit Application

Materials to Staff


Minor Subdivision Approved

Plat Recorded

Appeal to

Planning

Commission

Subdivision Review 8.4.80


The subdivider shall submit to the Administrator the required number of copies of the Preliminary Plat. Additional copies of the plat or any supplemental information may be requested.

2. Review by Technical Review Committee (TRC).

a. The Preliminary Plat shall then be submitted to and checked by the TRC for conformance with the requirements of Section 8.4.60 (Subdivision Review Standards). The TRC shall review the plat and within 30 days of submission the Administrator shall :

4. Approve and certify the plat ;

5. Approve and certify the plat with conditions; or

6. D e t e r m i n e t h a t all applicable provisions have not been satisfied, resulting in disapproval of the Preliminary Plat, and written notice of such disapproval to the applicant.

Unless this time limit is extended by mutual agreement, failing to act within the above time limit constitutes approval of the Preliminary Plat.

b. Approval of a Preliminary Plat shall not constitute approval of the Final Subdivision Plat. Application for approval of the Final (Record) Plat will be considered only after the requirements for Final Plat approval as specified herein have been fulfilled and after all other specified conditions have been met.

c. Upon approval of the Preliminary Plat by the Administrator, the subdivider may proceed to comply with the other requirements of these regulations and the preparation of the Final Subdivision Plat.

3. Approved Plans Containing School Sites.

Where a tract of land that has been approved by the County Board of Education as a proposed school site lies wholly or partially within an area proposed to be subdivided, and provided the Board of Education has notified the Town and the property owner of its approval of the proposed school site prior to or within 10 days after the presentation of a Preliminary Plat to the TRC for approval, the subdivider shall reserve the proposed school site for a period of not more than 60 days from the date of approval of the Preliminary Plat. Such reservation would be stated as a condition of preliminary approval by the Administrator.

D. Final Review.

1. The final plat shall constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time of submission. Approval of the final plat shall be subject to the installation of the improvements designated in Division 2 .5 (Specific to Subdivision) and Article 2; or certified evidence from the Town that said improvements shall be installed in accordance with these regulations.

a. Procedure.

(1) The subdivider shall submit to the Administrator the required number of copies of the final plat.

(2) The plat shall then be submitted to and checked by the Technical Review Committee for conformance with the approved preliminary plat and the requirements of Section 8.4.60 (Subdivision Review Standards). The TRC shall review the plat and within 30 days of submission the Administrator shall:

(a) Approve and certify the plat; or

Major Subdivision Required

Mandatory Pre-Application Meeting



Preliminary Plat Approved.

Proceed to Final Subdivision Plat

Appeal to Planning

Commission

Final Plat Required




Major Subdivision Approved

Plat Recorded

Development Permit Issued

Appeal to

Planning Commission

8.4.100 Subdivision Review


(b) D e t e r m i n e t h a t all applicable provisions have not been satisfied, including deviations from the approved preliminary plat; resulting in disapproval of the Preliminary Plat, and written notice of such disapproval to the applicant.

(3) Approval and certification by the Technical Review Committee shall not be deemed to constitute or affect an acceptance by the Town or the County or the public of the dedication of any street or other ground shown upon the plat. Upon receipt of the plat, the Town Counci l shall determine the acceptance or non-acceptance of all dedicated streets, easements right-of-way, public parks, and other public lands as shown on the plat. If accepted by the Town, action to that effect shall be noted on the final plat; if not accepted, the reason’s

for non-acceptance shall be so stated.

(4) It shall be unlawful to sell or transfer property (lots) within the approved subdivision until after the plat has been recorded with the Beaufort County Register of Mesne Conveyances.

b. Reserved.

2. Reserved.

E. Subdivision in Phases. Whenever part of a tract is proposed for platting and it is intended to subdivide additional parts in the future or abutting land is in the same ownership, a sketch plan for the entire tract shall be submitted with the plat.

8.4.90 Appeal

A. Appeals of Subdivision Plat decisions made by the Administrator may be appealed to the Planning Commission within 30 days of the decision. The Planning Commission shall review the Subdivision Plat within 60 days and shall have all of the same authority as the TRC / Administrator in such review. The decision of the Planning Commission shall be final.

B. Appeals of Subdivision Plat decisions made by the Planning Commission may be appealed to the Circuit Court of Beaufort County within 30 days of the decision.

8.4.100 Expiration of Approval

A Subdivision approval shall expire as set forth in Section 8 .1.130 (Expiration of Permits and Approvals) of this Development Code unless a Certificate of Compliance is obtained, or unless recorded at the Beaufort County Register of Mesne Conveyances.

8.5.90 Administrative Appeals


Division 8.5: Administrative Appeals

Section: Page #




8.5.40 Hearing 8-21



8.5.70 Contempt: Penalty 8-22 8.5.80 Appeal to Circuit Court 8-22

8.5.90 Appeal to Supreme Court 8-23


Appeals to the Zoning Board of Appeals may be taken by any person aggrieved by a decision,

interpretation or determination of the Building Official or Administrator of the Town. The officer from whom the appeal is taken shall immediately transmit to the Board all papers constituting the record upon which the action appealed from was taken.

8.5.20 Effect of Appeal

An appeal stays all legal proceedings in furtherance of the action appealed from (except enforcement proceedings), unless the officer from whom the appeal is taken certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a Court of record on application, on notices to the officer from whom the appeal is taken, and on due cause shown.

8.5.30 Application

An application for appeal shall be filed within 30 days of receipt of the decision or order of the Building Official or Administrator by filing with the officer from whom the appeal is taken and with the Zoning Board of Appeals, notice of the appeal specifying the grounds thereof. All applications are subject to the requirements of Division 8 .1 (Approval Procedures).

8.5.40 Hearing

The Zoning Board of Appeals shall fix a reasonable time for the hearing of an appeal or other matter referred to it, and give at least 15 working days ' public notice of it in a newspaper of general circulation in the Town, as well as due notice to the parties of interest, and decide the same within a reasonable time. At the hearing any party may appear in person or by agent or by attorney.



8.5.50 Action by Zoning Board of Appeals

At the conclusion of the proceeding on the appeal, the Zoning Board of Appeals shall take one of the following actions, consistent with the provisions of this article:

A. Affirm the action of the Building Official or Administrator;

B. Modify the action of the Building Official or Administrator, and to that end, the Zoning Board of Appeals shall have all the powers of the officer, board or commission from which the appeal is taken, and may issue a permit or direct that a permit be issued; or,

C. Reverse the action of the Building Official or Administrator, and to that end, the Board of Zoning Appeals shall have all the powers of the officer, board or commission from which the appeal is taken, and may issue a permit or direct that a permit be issued.

8.5.60 Findings of Fact

A. The Zoning Board of Appeals in the execution of the duties specified in this Division may subpoena witnesses and in case of contempt may certify such fact to the Circuit Court having jurisdiction.

B. All final decisions and orders of the Board must be in writing and be permanently filed in the office of the board as a public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the Board which must be delivered to parties of interest, within 15 working days, by certified mail.

8.5.70 Contempt: Penalty

In case of contempt by a party, witness, [or] other person before the Zoning Board of Appeals, the Board may certify this fact to the Circuit Court of the county in which the contempt occurs and the judge of the court, in open court or in chambers, after hearing, may impose a penalty as authorized by law.

8.5.80 Appeal to Circuit Court

A. Any applicant aggrieved by the Zoning Board of Appeal’s determination may appeal such determination to the Circuit Court of Beaufort County.

B. Upon the filing of the appeal, the Clerk of the Circuit Court shall give immediate notice of it to the secretary of the Board and within 30 days from the time of the notice the Board shall file with the Clerk a certified copy of the proceedings held before the Zoning Board of Appeals, including a transcript of the evidence heard before it, if any, and the decision of the Board including its findings of fact and conclusions.

C. The filing of an appeal in the Circuit Court from a decision of the Board shall not ipso facto act as a supersedeas.

D. At the next term of the Circuit Court or in chambers, upon 10 days notice to the parties, the presiding judge of the Circuit Court of Beaufort County shall proceed to hear and pass upon the appeal on the certified record of the Zoning Board of Appeals proceedings. The findings of fact by the Board shall be treated in the same manner as a finding of fact by a jury, and the Court may not take additional evidence. In the event the judge determines that the certified record is insufficient for review, the matter may be remanded to the Zoning Board of Appeals for rehearing. In determining the questions presented by the appeal, the Court shall determine only whether the decision of the Board is correct as a matter of law.

Administrative Appeals 8.5.90


8.5.90 Appeal to Supreme Court

A party in interest who is aggrieved by a judgment rendered by the Circuit Court upon the appeal may appeal in the same manner as provided by law for appeals from other judgments of the Circuit Court in law cases.





Division 8.6: Relief

Section: Page #



8.6.10 Administrative Adjustments

A. Purpose.

Administrative Adjustments are specified deviations from otherwise applicable development standards where development is proposed that would be:

1. Compatible with surrounding land uses;

2. Harmonious with the public interest; and

3. Consistent with the Purpose and Intent of each Division of this Development Code.

B. Applicability.

For all numerical standards set forth in Articles Two through Five of this Development Code, the Administrator shall have the authority to authorize a n A d mi n i s t r a t i v e A d j u s t m e nt of up to 10 percent, or as provided in Table 8.6.10.A (Administrative Adjustments) below.

Except where provided in Table 8.6.10.A (Administrative Adjustments), any request greater than 10 percent shall be treated as a variance handled by the Zoning Board of Appeals, and subject to the requirements of Section 8 .6.20 (Variance Permit).

C. Application.

An application for an Administrative Adjustment shall include a brief description of the requirement to be varied and any other material necessary to ensure the criteria in Subsection E (Administrative Adjustment Criteria) below are met.

D. Review and Action by Administrator.

The Administrator shall review the application and approve, approve with conditions or deny the application based upon the criteria below. A written decision including affirmative findings on the criteria set forth below shall be mailed to the applicant.

E. Administrative Adjustment Criteria.

To approve an application for an Administrative Adjustment, the Administrator shall make an affirmative finding that the following criteria are met:

1. That granting the Administrative Adjustment will ensure the same general level of land use compatibility as the otherwise applicable standards;

2. That granting the Administrative Adjustment will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the

proposed development because of inadequate screening, setbacks, and other land use

considerations;


Required


Meeting

Submit Application

Materials to Staff


Administrative Adjustment Approved

Proceed to Building Permits

Appeal to

ZBOA


8.6.10 Relief


3. That granting the Administrative Adjustment will not adversely affect property values in any material way; and

4. That granting the Administrative Adjustment will be generally consistent with the purposes and intent of this Development Code.

F. Appeals.

A decision on an Administrative Adjustment denied by the Administrator may be appealed to the Zoning Board of Appeals within 30 days of the mailing of the Administrator’s decision in accordance with Division 8 .5 (Administrative Appeals).

G. Expiration and Lapse of Approval.

Property owners shall have six months from the date of approval of an Administrative Adjustment to secure a Building Permit to carry out the proposed improvements. If a complete Building Permit application has not been filed within six months of the date of approval, the approval shall lapse and be of no further effect.

Table 8.6.10.A: Administrative Adjustments

Adjustment to:

Article /

Division /

Section

Required For Adjustment Maximum

Adjustment

Blocks, Streets, Lots

Allow Dead-End Streets and Cul-de-Sacs.

Section

2.2.50.A

An existing site specific

environmental feature requires

protection / preservation, and

does not permit traditional block

design.

Per standards in

Sub-section:

2.2.50.A.5.(a.-f.)

Waive Required Construction of a Walkway /

Sidewalk as part of a Thoroughfare.

Section 2.2.60.A

An alternative pedestrian way will

be provided outside the ROW; or

Physical conditions prevent or make

strict adherence unreasonable.

The requirement

may be waived.

Block Face and Perimeter Constraints.

Section

2.2.70.A.2.b

Natural resources limit the ability

to create an interconnected

network of streets and blocks.

20 percent max.

Blocks with Industrial Development.

Section

2.2.70.A.6

Factors specific to Industrial

Development are not conducive to

traditional block design.

20 percent max.

Allow Flag Lots. Section

2.2.80.B.3.a

Network shall be maintained; and

Physical conditions prevent a

reasonable alternative.

Flag lot may be

permitted with a

min. 20’ wide

access strip.

Utilities

Allow Installation of Overhead Utility Lines

Section 2.5.40.B

Exigencies of construction or

other conditions related to the

development prevent the use of

underground utility lines.

May install

overhead utility

lines.

Building Placement

Required Setbacks.

A decrease of the minimum required setback

areas (e.g., Front, Side, Side Street, and Rear)

for structures.

Article 3

(Specific to Zones).

Existing development on adjacent

parcels on the same block face is

less than the required setback; and

The adjustment will allow the

proposed development to blend in

with the adjacent development.

5 feet or 30

percent max.,

whichever is

greater. 1

Relief 8.6.10


Table 8.6.10.A: Administrative Adjustments (continued)

Adjustment to:

Article /

Division /

Section

Required For Adjustment Maximum

Adjustment

Building Placement (continued)

Allow an Addition to a Nonconforming

Structure.

Allow any new addition to an existing

nonconforming structure to be located up to

the furthest point of setback encroachment,

subject to Fire Code regulations.

See Article 3


New addition does not increase

non-conformity; and

Addition to or new garage is not

within 15 feet of a public right-of-

way.

Up to existing

encroachment. 1

Build to Line.

A relaxation of the specified build-to-line

(e.g., Front, Side, Side Street, and Rear)

See Article 3


Existing development on adjacent

parcels on the same block face is

setback greater than the required

build-to-line; and

The variation will allow the

proposed development to blend in

with the adjacent development.

2 feet max.

Lot Depth.

A lot may be shallower than min. lot depth.

See Division

3.2, 5.1, and 5.2

An existing parcel can be

developed following the intent of

the zone and meet all other

applicable standards of the zone.

20 Percent max.

Lot Width.

A lot may be wider than the max. lot width.

See Division

3.2, 5.1, and 5.2





20 Percent max.

Max. Lot Size Requirement for Specific Uses.

See Division 3.2





30 percent max.

Limited to Uses

listed.

Landscaping, Screening, and Lighting

Landscape Plan.

Adjustments may be made to:

Planting locations.

The type or total number of required

caliper inches.

A reduction in count or spacing

standards.

See Section

5.7.20.C.

Standards may be adjusted to

account for natural conditions, lot

configuration, the presence of

easements or rights of way;

landscaping material that would be

ineffective, or a threat to public

safety.

The min. amount

necessary to

provide relief.

Tree Island Location / Ratio to Parking Spaces.

See Section

5.7.50.B

(Tree Islands)

Adjustment is necessary to save

and protect existing trees and

provide context-based flexibility in

design.

12 spaces in a row

without a tree

island. Average

mustn’t exceed 1

tree island per 8

spaces.

Allow New or Alternative Sources of Lighting See Table

5.8.30.A (Other

Sources)

Source minimizes undesirable light,

demonstrates architectural merit,

or is highly energy efficient.

New or alternative

source of lighting

may be approved.

All other Standards in Article 2 – 5 of this Ordinance

All Other Standards.

Articles 2-5.

Adjustment is in compliance with

the Purpose and Intent of this

Ordinance as well as the applicable

Article and Division.

10 percent max.

Notes:

1 Requirement for a Private Frontage shall still apply, and any modulation shall not preclude the use of a Private Frontage.

8.6.20 Relief


8.6.20 Variance Permit

A. Purpose.

A Variance Permit may be approved by the Zoning Board of Appeals if the Board concludes that the strict enforcement of the development standards set forth in this Development Code would result in an unnecessary hardship to the applicant and that by granting the variance, the spirit of this Development Code will be observed, public welfare and safety will not be diminished, and substantial justice will be done.

B. Application.

A variance application form as published by the Administrator and appropriate fee as required by Section 8 .1.30 (Application Forms and Fees) shall be required, along with such accompanying material as is required to ensure compliance with the criteria listed below. No variances to the sign regulations of this Development Code shall be permitted.


Staff Review and Report.

1. The Administrator shall prepare a staff report which shall be provided to the applicant or appellant and the Zoning Board of Appeals before the scheduled hearing.

2. Action by the Zoning Board of Appeals.

a. Following published and posted notice in accordance with Division 8 .1 (Approval Procedures), the Zoning Board of Appeals shall hold a public hearing.

b. After review of the Variance Permit application and the public hearing, the Zoning Board of Appeals shall make a written finding and give its approval; approval with modifications or conditions; or disapproval.

c. If approval or approval with modifications or conditions is granted, the decision shall be communicated in writing to the applicant within 15 working days and the applicant shall be authorized to submit a development permit application.

3. Mailed Notice.

A courtesy notice of any Variance Permit application shall be provided by US Mail to all property owners within 200 feet of the subject property. Failure to provide such notice shall not be considered a jurisdictional defect, provided that published notice in accordance with Section 8 .1.80 (Public Notice Requirements), has been provided.

D. Criteria for Approval of Variance Permits.

1. Required Findings.

A Variance Permit may be granted by the Zoning Board of Appeals if the Board concludes that the strict enforcement of any design and performance standard set forth in this Development Code would result in unnecessary hardship to the applicant and that by granting the Variance Permit, the spirit of this Development Code will be observed, public welfare and safety will not be diminished and substantial justice done. A Variance Permit may be granted in an individual case of unnecessary hardship only when the Board makes and explains in writing all of the following findings:

a. Extraordinary Conditions. There are extraordinary and exceptional conditions pertaining to the particular piece of property. For example, the variance is justified because of topographic or other special conditions unique to the property

Variance Required



Staff Filing with Zoning Board of

Appeals

Decision by Zoning Board of Appeals

Variance Permit Issued

Coordinate with Site Dev Plan or

Subdivision Plat, if applicable; proceed to Cert of Compliance or Building Permit

Appeal to

Circuit Court

Relief 8.6.20


and development involved, in contradistinction to the mere inconvenience or financial disadvantage;

b. Other Property. These conditions do not generally apply to other property in the vicinity;

c. Conditions. The conditions are not the result of the applicant's own actions;

d. Comprehensive Plan. Granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this Development Code;

e. Utilization. Because of these conditions, the application of the Development Code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property; and

f. Substantial detriment. The authorization of a variance will not be of substantial detriment to adjacent property or the public good, and the character of the zone will not be harmed by the granting of the Variance Permit.

2. Limitations.

The Board may not grant a Variance Permit the effect of which would be any of the following:

a. The Board may not grant a variance the effect of which would be to allow the establishment of a use not otherwise permitted in the applicable zone;

b. To increase the density of a use above that permitted by the applicable zone;

c. To extend physically a nonconforming use of land; or

d. To change the zone boundaries shown on the Official Zoning Map.

3. Profitability Not to Be Considered.

The fact that property may be utilized more profitably should a Variance Permit be granted may not be considered grounds for a variance.

4. Hardship Due to Eminent Domain.

Where the alleged hardship results from the taking of part of the property by eminent

domain, thus reducing the land area available for parking, buffers, and other purposes, the applicant shall have the burden of proving that, after good-faith efforts by the applicant or previous owner, the condemning authority failed or refused to provide the applicant compensation adequate to cover the value of both the land actually taken and the economic impacts of the reduction in the size of the remaining property. Only if the applicant meets this burden of proof will a hardship under these conditions be considered adequate to justify the granting of a Variance Permit.

5. Conditions.

In granting a Variance Permit, the Board may attach to it conditions regarding the location, character, or other features of the proposed building, structure, or use as the Board may consider advisable to protect established property values in the surrounding area, or to promote the public health, safety, or general welfare.

E. Appeal.

Any party aggrieved by the Zoning Board of Appeals’ decision may appeal such determination to the Circuit Court of Beaufort County within 30 days of the decision.

8.6.20 Relief




Division 8.7: Amendments

Section: Page #

8.7.10 Text Amendments 8-31

8.7.20 Zoning Map Amendments (Rezoning) 8-32

8.7.10 Text Amendments

A. Applicability.

When the public necessity, convenience, general welfare, or good zoning practice justify such action, and after the required review and report by the Planning Commission, the Town Council may undertake the necessary steps to amend the text of this Development Code.

B. Initiation of Amendments.

1. A proposed amendment to this Development Code may be initiated by any member of the Town Council, the Planning Commission, the Administrator, or by application filed with the Administrator by any Town resident or business owner.

2. Any proposed text amendment to this Development Code initiated by a member of Town Council may be given first reading prior to being referred to the Planning Commission for its review and recommendation.


Requests to amend this Development Code shall be processed in accordance with the following requirements:

1. Mandatory Pre-application Meeting. The applicant and Administrator shall schedule a pre-application meeting prior to any submittal in order to discuss the proposal.

2. Application Procedure.

Application forms for text amendment requests shall be obtained from the Administrator. Completed forms, together with an application fee as required by Section 8 .1.30 (Application Forms and Fees), to cover administrative costs, plus any additional information the applicant feels to be pertinent, shall be filed with the Administrator. Any communication purporting to be an application for an amendment shall be regarded as a mere notice to seek relief until it is made in the form required.

3. Staff Review and Report.

The Administrator shall prepare a staff report that reviews the proposed text amendment in light of the Comprehensive Plan and the general requirements of this Development Code. A copy shall be provided to the Planning Commission and the applicant before the scheduled public meeting.

Zoning Text Amendment

Required



Staff Filing with Planning Commission

Recommendation by Planning Commission

Decision by Town Council

Zoning Text Amendment Completed

Proceed with Applicable Process or Permit (e.g. Site

Dev Plan or Subdivision Plat) if

needed

8.7.20 Amendments


3. Planning Commission Recommendation.

a. Notice.

Following published notice in accordance with Section 8 .1.80 (Public Notice Requirements), of this Development Code, the Planning Commission shall hold a public meeting.

b. Hearing by Planning Commission.

All papers and other data submitted by the applicant on behalf of the text amendment request shall be transmitted to the Planning Commission. The Planning Commission, at regular meetings, shall review and prepare a recommendation, including its recommendation, for transmittal to the Town Council. All meetings of the Planning Commission shall be open to the public. At a meeting, any party may appear in person, or by agent, or by attorney. No member of the Planning Commission shall participate in a matter in which he has any pecuniary or special interest. Following action by the Planning Commission, all papers and data pertinent to the application shall be transmitted to the Town Council for final action.

(1) The Planning Commission shall study the proposed text amendment taking into account all factors which it may deem relevant including, but not limited to, the consistency of the proposed amendment with the Comprehensive Plan and whether the proposed amendment serves to carry out the purposes of this Development Code.

(2) At the close of the public meeting, the Planning Commission shall recommend approval, modified approval, or denial of the text amendment.

(3) The staff shall prepare a report of the Planning Commission deliberations and recommendation which shall be forwarded to Town Council. The Planning Commission shall have 30 days within which to submit its report. If the Planning Commission fails to submit a report within the 30-day period, it shall be deemed to have recommended approval of the proposed amendment.

4. Town Council Action.

a. Before enacting a text amendment to this Development Code, the Town Council shall hold a public hearing thereon; notice of the time and place, in accordance with Division 8 .1 (Approval Procedures).

b. Town Council shall consider the proposed text amendment at the earliest reasonable date and shall consider the report of the Planning Commission in making a decision.

c. Town Council shall act to approve, approve with modifications, or deny the proposed text amendment.

d. Following Town Council action, the applicant shall be notified within 15 working days of the decision in writing.

8.7.20 Zoning Map Amendments (Rezoning)

A. Applicability.

When the public necessity, convenience, general welfare, or good zoning practice justify such action, and after the required review and report by the Planning Commission, the Town Council may undertake the necessary steps to amend the Official Zoning Map.

Amendments 8.7.20


B. Initiation of Amendments.

Any proposed amendment to the Official Zoning Map may be initiated by the Town Council, the Planning Commission, the Town Manager, the Administrator, or by the owner of such property for which the amendment is sought.

C. Application.

1. Mandatory Pre-application Meeting. The applicant and Administrator shall schedule a pre-application meeting prior to any submittal in order to discuss the proposal.

2. A rezoning application form as published by the Administrator shall be required and appropriate fee as required by Section 8 .1.30 (Application Forms and Fees) and shall include the following:

a. A narrative addressing the reasons for the requested zoning map amendment and addressing the applicable review criteria set forth in Subsection D.3.b (Review Criteria) below.

b. A boundary map of the subject property prepared and sealed by a registered land surveyor.

c. Where applicable, a copy of correspondence illustrating that the applicant has solicited written comments from the appropriate property owners’ association regarding the requested amendment. Such correspondence shall encourage the association to direct any comments in writing to the Administrator and the applicant within 15 calendar days of receipt of the notification.

2. If the applicant is not the Town, the applicant shall submit written consent from the owner of the property that is being considered for a zoning map amendment.

D. Approval Process.

Requests to amend the Official Zoning Map shall be processed in accordance with the following requirements:

1. Application Procedure.

Application forms for amendment requests shall be obtained from the Administrator. Completed forms, plus any additional information the applicant feels to be pertinent, shall be filed with the Administrator. Any communication purporting to be an application for an amendment shall be regarded as a mere notice to seek relief until it is made in the form required.

2. Staff Review and Report.

The Administrator shall prepare a staff report that reviews the proposed zoning map amendment in light of the Comprehensive Plan and the general requirements of this Development Code. For map amendments that would generate more than 50 external trips during the peak hour, a traffic impact analysis (TIA) shall be conducted, all road improvements needed to maintain the current level of service identified (based on that analysis), and assurances provided that all road improvements will be in place so the impacts of the development are accommodated and the current level of service is maintained. A copy shall be provided to the Planning Commission and the applicant before the scheduled public meeting.

3. Planning Commission Recommendation.

a. Hearing by Planning Commission.

All papers and other data submitted by the applicant on behalf of the request shall be transmitted to the Planning Commission. The Planning Commission, at regular meetings, shall review and prepare a recommendation for transmittal to

Zoning Map Amendment

Required



Staff Filing with Planning Commission

Recommendation by Planning Commission

Decision by Town Council

Zoning Map Amendment Completed

Proceed with Applicable Process or Permit (e.g. Site Dev Plan or Subdivision

Plat) if needed

8.7.20 Amendments


the Town Council. All meetings of the Planning Commission shall be open to the public. At a meeting, any party may appear in person, or by agent, or by attorney. Following action by the Planning Commission, all papers and data pertinent to the zoning map amendment application shall be transmitted to the Town Council for final action.

(1) The Planning Commission shall study the proposed zoning map amendment, taking into account all factors which it may deem relevant, including, but not limited to, the consistency of the proposed amendment with the Comprehensive Plan and whether the proposed rezoning serves to carry out the purposes of this Development Code.

(2) At the close of the public meeting, the Planning Commission shall recommend approval, modified approval, or denial of the request.

(3) The staff shall prepare a report of the Planning Commission deliberations and recommendation, which shall be forwarded to Town Council. The Planning Commission shall have 30 days within which to submit its report. If the Planning Commission fails to submit a report within the 30-day period, it shall be deemed to have approved the proposed zoning map amendment request.

b. Review Criteria.

In making recommendations regarding amendments to the Official Zoning Map, the Planning Commission shall consider and make findings on the following matters regarding the proposed amendment:

(1) Consistency (or lack thereof) with the Comprehensive Plan;

(2) Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood;

(3) Suitability of the property affected by the amendment for uses permitted by the proposed zone;

(4) Suitability of the property affected by the amendment for uses permitted by the zone applicable to the property at the time of the proposed amendment;

(5) Compatibility of the uses permitted in the proposed district with the natural features of and any archaeological or cultural resources on the property;

(6) Marketability of the property affected by the amendment for uses permitted by the zone applicable to the property at the time of the proposed amendment; and

(7) Availability of roads, sewer, water and stormwater facilities generally suitable and adequate for the proposed use.

4. Town Council Action.

a. Before enacting an amendment to the Official Zoning Map, the Town Council shall hold a public hearing in accordance with Division 8 .1 (Approval Procedures).

b. Town Council shall consider the proposed rezoning at the earliest reasonable date and shall consider the report of the Planning Commission in making a decision.

c. Town Council shall act to approve, approve with modifications, or deny the rezoning request.

d. Following Town Council action, the applicant shall be notified within 15 working days of the decision in writing.

Summary of Development Review Procedures 8.7.20


D. Changes in Zoning Map.

Following final action by the Town Council, any necessary changes shall be made in the Official Zoning Map. A written record of the type and date of such change shall be maintained by the Administrator. Until such change is made, no action by the Town Council on amendments to this Development Code shall be considered official, unless the Administrator fails to make the change with seven days after formal action by the Town Council. In the latter event, action by the Town Council shall be considered official seven days after the date of the action even if the Administrator has failed to make the appropriate changes.


Division 8.8: Summary of Development Review Procedures

Section: Page #

8.8.10 Summary Table of Development Review Procedures 8-36

8.8.10 Summary Table of Development Review Procedures

Table 8.8.10.A: Summary of Development Review Responsibilities

R = Review / Report RR = Review / Recommendation D = Final Decision / Approval

A = Appeal A2 = 2nd Appeal

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Permits and Certificates

Building Permit -- D -- -- A -- -- --

Certificate of Occupancy R D -- -- A -- -- --

Sign Permit D R -- -- A -- D A2

Master Sign Plan (Existing development) D -- -- -- A -- -- --

Certificate of Compliance D -- -- -- A -- -- --

Traffic Impact Analysis D -- -- -- -- -- -- --

Development Surety D -- -- -- A -- -- --

Special Exception Permit R -- -- -- -- -- D A

Development Design Review (New or additions) D RR -- -- -- -- D A

Certificate of Appropriateness (Administrative approval) D -- -- -- -- A -- A2

Certificate of Appropriateness (HPC approval) -- -- -- -- -- D -- A

Site Development Plan Review

Site Development Plan Review D -- -- -- A -- D A2

Subdivision Review

Subdivision, Minor Plat D -- A -- -- -- -- A2

Subdivision, Major, Preliminary Plat D -- A -- -- -- -- A2

Subdivision, Major, Final Plat D -- A -- -- -- -- A2

Administrative Appeals

Administrative Appeal D -- -- -- A -- -- A2

Summary of Development Review Procedures 8.8.10


Table 8.8.10.A: Summary of Development Review Responsibilities (continued)

R = Review / Report RR = Review / Recommendation D = Final Decision / Approval

A = Appeal A2 = 2nd Appeal

Procedures Ad

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Relief

Administrative Adjustment D -- -- -- A -- -- A2

Variance Permit R -- -- -- D -- -- A

Amendments

Text Amendment R -- RR D -- -- -- --

Zoning Map Amendment (Rezoning) R -- RR D -- -- -- --

Interpretations

Written Interpretations D -- -- -- A -- -- A2

8.8.10 Summary of Development Review Procedures




Article 9: Development Review Bodies

Content Page #

Division 9.1: Administrative Bodies and Staff 9-1







9.1.70 Historic Preservation Commission 9-7

9.1.80 Design Review Board (DRB) 9-7

Content Article 9: Development Review Bodies




Division 9.1: Administrative Bodies and Staff

Section: Page #







9.1.70 Historic Preservation Commission 9-7 9.1.80 Design Review Board (DRB) 9-7

9.1.10 Town Council

A. Responsibility. The Town Council shall be responsible for final action regarding the text of this Development Code and the Official Zoning Map.

B. Powers and Duties. The Town Council shall have the powers and duties as set forth in

this Ordinance:

1. Text Amendments. The Town Council shall hear and approve, approve with conditions or deny proposed Text Amendments to this Code (see Section 8.7.10).

2. Map Amendments. The Town Council shall hear and approve, approve with conditions or deny proposed Official Zoning Map (rezoning) amendments to this Code (see Section 8.7.20).

3. Appointments. The Town Council shall appoint the Planning Commission, Board of

Zoning Appeals, Historic Preservat ion Commiss ion , and Design Review Board.

4. Development Improvements. Upon approval of a Final Plat, the Town Council shall determine the acceptance or non-acceptance of all dedicated streets, easements, right- of-way, public parks and other public lands as shown on the plat.

9.1.20 Planning Commission

A. Establishment. Pursuant to § 6-29-320, et seq., of the Code of Laws of South Carolina, 1976, as amended, and Ordinances of the Town of Port Royal South Carolina and Beaufort County, there is established a Beaufort-Port Royal Metropolitan Planning Commission (Planning Commission) which shall perform all planning functions in the areas of jurisdiction of the Town of Port Royal and the City of Beaufort, South Carolina, and the unincorporated areas of Port Royal Island and Lady’s Island, all of which have been designated as the growth area in the Northern Beaufort County Regional Plan (collectively defined herein as the Growth Area on the Growth Area Map in Chapter 2 of the Regional Plan). The Planning Commission is created so that the two municipalities and Beaufort County can act together to enhance present advantages, to overcome collective problems involving these three governmental entities in which joint resolution is advisable, and to engage in orderly planning for the wise conservation of historic and natural resources, and for the growth of business enterprises providing new or expanded job opportunities in the Growth Area.

9.1.20 Administrative Bodies and Staff


B. Territorial Jurisdiction.

1. The Planning Commission may exercise the power set forth in Title 6, Chapter 29 of the Code of Laws of South Carolina, as amended, in the following areas: all lands within the Town of Port Royal, the City of Beaufort, and the Growth Area, as defined in the Northern Beaufort County Regional Plan and shown on the Growth Area Map.

2. The Town Council may expand the jurisdiction of the Planning Commission by Ordinance and/or intergovernmental agreement, in accordance with the provisions of Section 6-29-330 of the Code of Laws of South Carolina.

C. Membership, Terms, and Compensation.

Number of Members and Appointment. The membership of the Planning Commission shall be as provided for under § 6-29-350 of the Code of Laws of South Carolina, 1976, as amended. The Commission shall consist of six members, appointed for staggered terms, two members from each municipality, and two members from Beaufort County. No member shall hold an elective public office. Appointments to the Commission shall comply with the Town Council's resolution establishing the guidelines for appointments

to Town Boards/Committees as adopted on November 9, 1993 and revised from time to

time.

2. Terms.

a. Terms of members of the Planning Commission shall be for three years or until their successors are appointed. Terms of initial appointments by the Town of Port Royal shall be one for three years and one for two years. After the initial appointment, the commissioner appointed to an initial two-year term may be reappointed twice and the commissioner serving for the three-year term may be appointed to one additional term.

b. Members may be appointed to succeed themselves up to a maximum of two full three-year terms. Thereafter, members may be appointed only after they have been off the Planning Commission for at least one year. All terms shall end on December 31 of the applicable year and members must continue to serve until their successors are appointed.

3. Current Members. Members of the Planning Commission on the effective date of this Code shall continue to serve until their respective terms expire.

4. Term Limits. No member may serve for more than two successive terms, except for extraordinary circumstances where the Town Council believes it to be in the best interest of the community to have a continuation for a specific period of a particular member of the Planning Commission. This limitation shall not prevent any person from being appointed to the Planning Commission after an absence of one year. Service for a partial term of less than one and one half years shall not constitute a term of service for purposes of this paragraph.

5. Vacancies. A vacancy for any reason shall be filled for the unexpired term.

6. Removal. The Town Council may remove any member of the Planning Commission appointed by the Town of Port Royal for cause by majority vote of the Council.

7. Compensation. Members shall serve without pay. Members may be reimbursed for actual expenses incurred in the performance of their duties from available funds approved in advance by the Administrator.

D. Officers, Meetings, and Quorum.

Administrative Bodies and Staff 9.1.20


1. Officers. The organization of the Joint Municipal Planning Commission shall be as provided for under § 6-29-360 of the Code of Laws of South Carolina, 1976, as amended. The Commission shall organize themselves, elect a Chairperson, who shall serve for a term of one year, elect a Vice-Chairperson for a term of one year, and appoint a secretary who may be an employee of any of the governmental entities.

2. Meetings. Meetings of the Planning Commission shall be held at the call of the Chairperson and at such other times as the Planning Commission may determine. All meetings of the Planning Commission shall be open to the public.

3. Quorum. A majority of the members appointed shall constitute a quorum.

4. Notice of Meetings. Reasonable notice of the time, place and agendas of the meetings shall be given to the public. The news media shall be contacted in accordance with State law.

5. Rules of Proceeding.

a. The Planning Commission shall adopt and adhere to rules of procedure for the conduct of business.

b. An abstention from voting shall be considered a vote to deny the motion.

6. Minutes. The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact.

E. Powers and Duties with Regards to the Growth Area. The Planning Commission will have authority, pursuant to state law, for planning in the Growth Area. It will handle all matters in the Growth Area delegated to it and requiring P lanning C ommission action. In order to better coordinate growth within the Growth Area, the Planning Commission shall:

1. Promote comprehensive planning in the Growth Area;

2. Review all zoning and land development regulation amendments for conformity with the respective Comprehensive Plan. Conflicts with the Comprehensive Plan shall be noted in any report to the respective governmental entity making the regulation amendment;

3. Review and make recommendations concerning all annexations with specific attention to those of regional impact within the Growth Area;

4. Review and make recommendations concerning all requests for zoning within the Growth Area;

5. Review and make recommendations concerning major transportation projects affecting the Growth Area;

6. Review and make recommendations on other matters delegated by any of the governmental entities or such other matters as may appropriately come before the Commission;

a. In matters affecting the entire Growth Area, the Planning Commission shall report its recommendations to the councils for the municipalities, and to the county planning commission.

b. In matters affecting only one governmental entity, the Planning Commission shall report its recommendations to that governmental entity.

c. Municipal and County staffs will work together to share responsibility for presenting matters to the Planning Commission as outlined in the Commission’s adopted Rules of Procedure.



F. Powers and Duties with regards to the Town of Port Royal. Additionally, as to matters pertaining to lands within the Town of Port Royal limits, the Town Council designates to the Planning Commission the following additional duties:

1. Review and make recommendations to the Town Council in regard to planting, tree preservation, and other aesthetic consideration for land and land structures.

2. Review and make recommendations on public projects.

3. Subdivision Plats.

a. Review and approve, approve subject to conditions or deny all Preliminary Major

Subdivision Plats (see Division 8.4).

b. Delegate Final Subdivision Plat review and approval to Town Staff (see Division 8.4).

4. Text Amendments. Review and make recommendations to the Town Council in regard to amendments to the text of this Development Code (see Section 8.7.10); and

5. Zoning Map Amendments. Review and make recommendations to the Town Council in regard to amendments to the Official Zoning Map (see Section 8.7.20).

G. Conflicts of Interest. Any member of the Planning Commission who shall have a direct financial interest in any property which is subject matter of, or affected by, a decision of the Planning Commission shall be disqualified from participating in the discussion, decision, or proceedings of the Planning Commission in connection therewith.

H. Staff. The Planning Commission shall work with the Administrator.

9.1.30 Zoning Board of Appeals (ZBOA)

A. Establishment. The Zoning Board of Appeals is hereby established, pursuant to the authority of § 6-29-780, et seq., of the Code of Laws of South Carolina, as amended, and shall hereafter be referred to as the Board.

B. Territorial Jurisdiction.

1. The Zoning Board of Appeals shall have jurisdiction over all lands within the Town.

2. The Town Council may expand the jurisdiction of the Zoning Board of Appeals by Ordinance and/or intergovernmental agreement, in accordance with the provisions of § 6-29-330 of the Code of Laws of South Carolina.


1. Number. The Board shall consist of five members, appointed by the Town Council, and shall be citizens of the Town of Port Royal. None of the members of the Board shall hold any other public office or position in the Town.

2. Terms, Appointment. All members shall be appointed by the Town Council for overlapping terms of three years. Appointments to the Board shall comply with the Town Council's resolution establishing the guidelines for appointments to Town Boards/Committees as adopted on November 9, 1993 and revised from time to time. All terms shall end on June 30 of the applicable year and members must continue to serve until their successors are appointed.

3. Current Members. Members of the Zoning Board of Appeals on the effective date of this Code shall continue to serve until their respective terms expire.

4. Term Limits. No member may serve for more than two successive terms, except for extraordinary circumstances where the Town Council believes it to be in the



best interest of the community to have a continuation for a specific period of a particular member of the Board. This limitation shall not prevent any person from being appointed to the Board after an absence of one year. Service for a partial term of less than 1½ years shall not constitute a term of service for purposes of this Section.

5. Vacancies. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment.

6. Removal. The Town Council may remove any member of the Board for cause.



1. Officers. The Board shall elect a Chairperson and a Vice-Chairperson from its members who shall serve for one year or until reelected, or until a successor is elected. The Board shall appoint a secretary, who may be an employee of the Town.

2. Meetings. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. All meetings of the Board shall be open to the public.

3. Quorum. At least three of the members of the Zoning Board of Appeals must be present to constitute a quorum.

4. Notice of Meetings. Public Notice of all meetings of the Zoning Board of Appeals shall be provided at least fifteen days in advance by publication in a newspaper of general circulation in the Town. In cases involving Variances or Special Exceptions, conspicuous Notice shall be posted on or adjacent to the property affected, with at least one such notice being visible from each public thoroughfare that abuts the property. Such Notice shall be posted continuously for at least fifteen days in advance of the meeting at which the Variance or Special Exception request will be heard.

5. Witnesses. The Chairperson or in his or her absence, the Vice-Chairperson, may administer oaths and compel the attendance of witnesses by subpoena.


a. The Board shall adopt and adhere to rules of procedure for the conduct of business.


7. Decisions. The concurring vote of three members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Administrator or Building Official or to decide in favor of the applicant on any matter upon which it is required to pass under this Article or to affect any variation of this Code. On all appeals, applications and matters brought before the Board, the Board shall inform in writing all the parties involved of its decisions and the reasons therefore.

8. Contempt, Penalty. In case of contempt by a party, witness, or other person before the Zoning Board of Appeals, the Board may certify this fact to the Beaufort County Circuit Court, and the judge of the court, in open court or in chambers, after hearing, may impose a penalty as authorized by law.



9. Minutes. The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact. The Board shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.

E. Powers and Duties. The Zoning Board of Appeals has the following powers and duties:

1. Administrative Appeals. To hear and decide Appeals where it is alleged there is error in an order, requirement, decision, or determination made by an Administrative Official in the enforcement of this Code (see Division 8.5);

2. Variances.

a. To hear and decide requests for Variance from the requirements of this Code when strict application of the provisions of the Ordinance would result in

unnecessary hardship (see Section 8.6.20);

b. To hear and decide requests for Variance from the requirements of Chapter 4 of

the Town of Port Royal Code of Ordinances, Flood Damage Prevention

Ordinance.

F. Conflicts of Interest. Any member of the Zoning Board of Appeals who shall have a direct financial interest in any property which is subject matter of, or affected by, a decision of the Zoning Board of Appeals shall be disqualified from participating in the discussion, decision, or proceedings of the Zoning Board of Appeals in connection therewith.

G. Staff. The Zoning Board of Appeals shall work with the Administrator and the

Building Official of the Town.

9.1.40 Building Official

A. Designation. The Town Manager shall designate the Building Official for the Town of

Beaufort.

B. Responsibility. The Building Official shall be responsible for issuance of Building Permits

and other matters that reference the building code.

C. Powers and Duties. The Building Official has the following powers and duties:

1. To administer and enforce the provisions of this Code;

2. To conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of this Code;

3. To issue Stop Work Permits;

4. To issue Building Permits (see Section 8.2.10); and

5. To issue Certificates of Occupancy (see Section 8.2.20).

9.1.50 Administration

A. Designation. The person designated by the Town Manager as the Planning Director shall be the Administrator to whom reference is made throughout this Code. Where this Ordinance assigns a responsibility, power, or duty to the Administrator, the Administrator may delegate that responsibility, power or duty to any other agent or employee of the Town whom the Administrator may reasonably determine.



B. Powers and Duties. The Administrator has the following powers and duties:

1. To administer and enforce the provisions of this Code;

2. To make Written Interpretations of this Code (see Section 8.1.140);

3. To review and make recommendations on Building Permits (see Section 8.2.10);

4. To review and make recommendations on Certificates of Occupancy (see Section 8.2.20);

5. To issue Certificates of Compliance (see Section 8.2.30);

6. To review and make recommendations on Sign Permits (see Section 8.2.40);

7. To process applications for Special Exceptions (see Section 8.2.50);

8. To review and make recommendations of Design Development Review (see Section 8.2.60);

9. To review and take action on Administrative Adjustments (see Section 8.6.10);

10. To process applications for Variances (see Section 8.6.20); and

11. To review and make recommendations on Site Development Plans (see Division 8.3).

9.1.60 Technical Review Committee

A. Designation. The Town Manager shall designate a Technical Review Committee consisting of the Administrator, the Building Official and any other Town staff professional the Town Manager deems necessary for professional review. The Administrator shall serve as chair of the Committee and be responsible for all final decisions of the Committee.

B. Powers and Duties. The Technical Review Committee (through its chair, the Administrator) has the following powers and duties:

1. Minor Subdivision Plats. The Technical Review Committee shall approve,

approve with conditions or deny Minor Subdivision Plats (see Division 8.4).

2. Final Plats. The Technical Review Committee shall approve, approve with

conditions or deny Major Subdivision Final Plats (see Division 8.4).

9.1.70 Historic Preservation Commission (HPC)

Information regarding the establishment, composition, terms, and responsibilities of the Historic Preservation Commission are located in Section 3.3.50 (Historic Preservation Overlay (HPO) Zone Standards).

9.1.80 Design Review Board (DRB)

A. Establishment. There is hereby created the Design Review Board for the purpose of reviewing and taking action on the development applications as outlined in this code.

B. Territorial Jurisdiction. The Design Review Board shall have jurisdiction over all lands within the Town.


1. Appointment, Number, and Composition.

a. The Design Review Board shall be appointed by the Town Council and shall comply with the Town Council's resolution establishing the guidelines for



appointments to Town Boards/Committees, as adopted on November 9, 1993 and revised from time to time.

b. The Design Review Board shall be composed of five voting members, each of whom is capable of reading and understanding architectural plans and is knowledgeable in new urban development and design concepts.

c. The five voting members of the Design Review Board shall include:

(1) A minimum of three, and a maximum of four “design professionals”; and

(2) A minimum of one, and a maximum of two “citizen” representatives.

d. Design Professionals. Those positions dedicated to “design professionals” shall be comprised of individuals from any of the following occupations:

(1) Architect;

(2) Landscape Architect;

(3) Urban Planner / Designer;

(4) Building or Construction Expert; and

(5) Engineer.

e. Citizen Representatives. “Citizen Representatives” shall be full-time residents of the Town of Port Royal.

1. Terms. All terms shall be for two full years. All terms shall expire on June 30 of the applicable year and members must continue to serve until their successors are appointed.

2. Term Limits. No member may serve for more than two successive terms, except for extraordinary circumstances where the Town Council believes it to be in the best interest of the community to have a continuation for a specific period of a particular member of the Board. This limitation shall not prevent any person from being appointed to the Board after an absence of one year. Service for a partial term of less than one and one half years shall not constitute a term of service for purposes of this Section.

3. Current Members. Members of the Design Review Board on the effective date of this Development Code shall be permitted to continue to serve until their respective terms expire. Current members that meet the new qualifications for membership may be appointed to the Design Review Board as a new member, regardless of previous participation or standing.

4. Vacancies. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment.

5. Removal. The Town Council may remove any member of the Board for cause.



1. Officers. The Board shall elect a Chairperson and a Vice-Chairperson from its members who shall serve for one year or until reelected, or until a successor is elected. The Board shall appoint a secretary, who may be an employee of the Town.



2. Meetings. Meetings of the Design Review Board shall be held at the call of the Chairperson and at such other times as the Board may determine. All meetings of the Board shall be open to the public.

3. Quorum. At least three of the members of the Design Review Board must be present to constitute a quorum.

4. Notice of Meetings. Reasonable notice of the time, place and agendas of the meetings shall be given to the public. The news media shall be contacted in accordance with State law.


a. The Design Review Board shall adopt and adhere to rules of procedure for the conduct of business.


6. Minutes. The Design Review Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact.

E. Powers and Duties. The Design Review Board has the following powers and duties:

1. Special Exceptions. To permit uses by Special Exception subject to the terms and

conditions for the uses set forth for such uses in this Ordinance. See Section 8.2.50 (Special Exception Permit).

2. Development Design Review. Review, and approve, or deny, any application proposing a new development, major alteration, refurbishment, and/or addition to existing development located within the Town for those applications where that authority has been delegated b y S taff. See Section 8.2.60 (Development Design Review).

F. Conflicts of Interest. Any member of the Design Review Board who shall have a direct financial interest in any property which is subject matter of, or affected by, a decision of the Board shall be disqualified from participating in the discussion, decision, or proceedings of the Board in connection therewith.

G. Liability of Members. Any member of the Design Review Board acting within the powers granted by this Section is relieved from all personal liability for any damage and shall be held harmless by the Town. Any suit brought against any member of the Board for decisions rendered by the Design Review Board shall be defended by a legal representative furnished by the Town until the termination of the procedure.

H. Staff. The Design Review Board shall use the Administrator when appropriate.





Article 10: Definitions

Content Page #

Division 10.1: Definitions 10-1


Content Article 10: Definitions




Division 10.1: Definitions

Section: Page #


10.1.10 Specialized Terms and Phrases

A.

Accessory Dwelling Unit: A auxiliary dwelling unit located on the same lot as the principal building that may be attached by a backbuilding or contained within a stand-alone outbuilding. Examples include, but are not limited to: a dwelling unit in a guest house, carriage house, pool house, and above or beside a garage.

Accessory Structure: A structure physically detached from, secondary and incidental to, and commonly associated with a primary structure and/or use on the same site. The use of the accessory structure must not change the character of the use for the site.

ACI (Aggregate Caliper Inch): A measure of the total combined number of inches of existing and proposed trees used to meet landscaping requirements. Caliper inch sizes for individual proposed trees are measured as indicated in the American Standard for Nursery Stock (ANSI 260.1-2004). Caliper inch sizes for existing trees are measured in diameter at breast height (DBH).

Adaptive Re-Use: Rehabilitation or renovation of existing Building(s) for any Use(s) other than the present Use.

Adjacent: Sharing a common lot line, or having lot lines separated only by an alley.

Administrative Adjustment: For all numerical standards set forth in Articles Two through Five of this Development Code, the Administrator shall have the authority to authorize specified minor deviations from the provisions of this Appendix in compliance with the procedures of Section 8.6.10 (Administrative Adjustment).

AICUZ (Air Installations Compatible Use Zone): The area surrounding MCAS—Beaufort as identified on the Zoning Map (Airport Overlay District/MCAS—Beaufort).

AICUZ Buffer: The quarter-mile area surrounding the AICUZ for MCAS—Beaufort.

Allee: A regularly spaced and aligned row of trees usually planted along a Street or Path.

Alley: A Thoroughfare Type (see Division 2.3 Thoroughfare Standards) that provides vehicular access to the rear or side of a property, including driveways, outbuildings, service areas, and parking. Alleys typically contain utility Easements. (also: Rear Lane)

Allowed Use: Uses that are allowed by right and are not subject to the conditions of approval, mandatory review periods, or expiration periods as required for Conditional Uses and Special Exception Permits.

Ancillary Structure / Ancillary Building: See “Accessory Structure.”


10.1.10 Definitions


Apartment House: The Apartment House is a medium-to-large-sized building type that consists of 7 to 12 side-by-side and/or stacked dwelling units, typically with one shared entry. The apartment house is appropriately-scaled to fit in within medium-density neighborhoods or sparingly within large lot predominantly singly-family neighborhoods. This structure allows for higher densities and is important for providing a broad choice of housing types and promoting walkability. While residential in form, this building type may be appropriate for office, medical, lodging, and similar uses. See Section 5.1.120 (Traditional Building Types).

Appurtenances (Architectural): Cupolas, clock towers, towers, steeples, widows walk, etc. that extend above the primary roof, as well as the permitted number of stories.

Appurtenances (Mechanical or Structural): Elevator and stairwell enclosures, air-conditioning equipment, water tanks, and solar energy collectors that extend above the primary roof, as well as the permitted number of stories.

Arcade: A private frontage type designed as a covered walkway with habitable space above, often encroaching into the ROW. The arcade should extend far enough from the building to provide adequate protection and circulation for pedestrians. This type is intended for buildings with ground floor commercial uses and is common along public courtyards. See Section 5.3.130 (Arcade).

Architectural Features: Exterior building elements intended to provide ornamentation to the building massing, including, but not limited to: eaves, cornices, bay windows, window and door surrounds, light fixtures, canopies, and balconies.

Avenue (AV): A thoroughfare of high vehicular capacity and low to moderate speed designed with a landscaped median that functions as a short distance connector between urban centers.

Awning Sign: A traditional storefront fitting, often of metal or canvas, that serves to keep storefront interiors shaded and cool in hot weather and protect merchants’ wares. See Section 5.9.60 (Signs).

B.

Backbuilding: A structure connecting a principal building to an outbuilding (e.g. Accessory Dwelling Unit – ADU).

Basement: A portion of a building located partially underground, having less than 50 percent of its clear floor-to-ceiling height above grade.

Base Flood Elevation: The height at or above which the lowest structural member of a building must be raised, according to an adopted FEMA Flood Insurance Rate Map.

Berm: An elongated earthen mound typically designed or constructed on a site to separate, screen, or buffer adjacent uses. To the maximum extent practicable, the use of Berms shall be discouraged.

Bicycle Boulevard: A street that is shared with motor vehicles, but prioritizes bicycle traffic through various treatments, including traffic diverters to reduce vehicle traffic and traffic calming to slow remaining traffic.

Bicycle Lane (BL): A dedicated lane for bicycle use demarcated by striping.

Bicycle Route (BR): A thoroughfare designated for the shared use of bicycles and automobiles.

Bicycle Trail (BT): A bicycle way located separately and independent from a vehicular thoroughfare for the shared use of bicycles and pedestrians.

Billboard: A sign that often contains changing copy and frequently advertises goods or services rendered or sold at locations other than the premises on which the sign is located.

Definitions 10.1.10


Bioswale: A sunken garden comprised of native vegetation that is designed to remove silt and pollution from surface runoff water (also: Rain Garden).

Block: The aggregate of private lots, passages, rear alleys and rear lanes, circumscribed by thoroughfares.

Block Face: The aggregate of all the building facades on one side of a block. The block face is typically bounded on both sides by a cross street and provides the context for establishing architectural harmony.

Block Perimeter: The aggregate of all block side lengths.

Boulevard (BV): A thoroughfare designed for high vehicular capacity and moderate speed traversing an urbanized area.

Buffer: A vegetated area which is located between uses of differing character and is intended to mitigate the potentially negative impacts of one use upon the other.

Building: A structure consisting of one or more foundations, floors, walls and roofs that surround an interior space, and may include exterior appurtenant structures such as porches and decks.

Building Entrance: A point of pedestrian ingress and egress to a building.

Building Form: The overall character, dimensions, and intensity of a building.

Building Height: See Section 3.1.50 (How Building Height is Measured).

Building Type: A structure defined by its combination of configuration, disposition and function. See Division 5.1 (Traditional Building Types) and Division 5.2 (Exceptional Building Types).

Build-to Line (BTL): A line parallel to a property line or right-of-way where a building facade must be placed. The BTL may appear graphically on the regulating plan or be stated as a dimension from the property line or right-of-way. Figures 10.A and 10.B depict how to calculate the % of BTL Defined by a Building and % of Building at the BTL as may be required in the Building Form Standards. Minor deviations from the BTL are allowed for architectural features, recessed entries, and recessed balconies and do not count against the calculations of % of BTL Defined by a building or Building at the BTL.

10.1.10 Definitions


By Right: Characterizing a proposal or component of a proposal for a community, structure, building, or use that complies with the Code and is permitted and processed administratively.

C.

Caliper: Diameter of the trunk measured six inches above the ground for trees up to and including four-inch diameter, and measured 12 inches above the ground for larger trees. This measurement is used for proposed or nursery-grown trees. Diameter of the trunk measured six inches above the ground for trees up to and including four-inch diameter, and measured 12 inches above the ground for larger trees. This measurement is used for proposed or nursery-grown trees.

Canopy Tree: A tree that has an expected height at maturity greater than 30 feet and produces significant shade because it has a crown that is oval , round, vase-shaped, or umbrella-shaped.

Carriage House: The Carriage House building type is a secondary structure typically located at the rear of the lot for the purpose of providing a small residential unit, home office space, or other small commercial or service use that may be above a garage or at ground level. The building type is important for providing affordable housing opportunities and incubating small businesses within walkable neighborhoods. See Section 5.1.40 (Carriage House).

Ceiling Height, Ground Floor: Height from finished floor to finished ceiling of primary rooms on the ground floor, not including secondary rooms such as bathrooms, closets, utility rooms and storage spaces. See Section 3.1.50 (How Building Height is Measured).

Ceiling Height, Upper Floor(s): Height from finished floor to finished ceiling of primary rooms on the floor(s) above the ground floor, not including secondary rooms such as bathrooms, closets, utility rooms and storage spaces. See Section 3.1.50 (How Building Height is Measured).

Chamfered Corner: An external wall of a building joining two perpendicular exterior walls, typically at a symmetrical, 45 degree angle creating a beveled edge to the building rather than a 90 degree corner.

Charrette: A multiple-day collaborative design and planning workshop held on-site and inclusive of all affected stakeholders.

Civic: A term defining not-for-profit organizations that are dedicated to arts, culture, education, religious activities, recreation, government, transit, and public parking facilities.

Civic Building: A building generally operated by not-for-profit organizations dedicated to arts, culture, education, religious activities, recreation, or government. Civic buildings are sited at prominent locations, adjacent to or within a civic space, or at a significant point of termination.

Civic Space: An outdoor area dedicated for civic activities.

Close: A small green area surrounded by a driveway that provides vehicular access to several buildings and performs the same function as a cul-de-sac.

Commercial: A term defining workplace, office, retail, and service functions collectively.

Common Destination: An area of focused community activity acting as the social center of a neighborhood usually defining the approximate center of a pedestrian shed that includes one or more of the following: a civic space, a civic building, a retail trade center, or a transit station.

Common Yard: A private frontage type where the main facade of the building has a large planted setback from the frontage line, establishing a front yard, and providing relief from the intensity of a thoroughfare. The front yard created remains unfenced and is visually

Definitions 10.1.10


continuous with adjacent yards, supporting a common landscape and working in conjunction with other private frontages. See Section 5.3.40 (Common Yard).

Common Courtyard: An entry court, forecourt or courtyard shared by multiple residential units or commercial spaces.

Community: A group of people who interact with each other and are of similar character, agreement, and/or identity. The nature of the interaction is informal and spontaneous rather than formalized.

Community Garden: A neighborhood civic space designed and maintained as a place to grow useful plants for small scale cultivation by nearby residents. Community gardens typically contain groupings of garden plots, both formally and naturalistically disposed, and may be spatially defined by buildings or landscaping. Community gardens do not have a minimum or maximum size, and may be included within other civic spaces. See Division 2.4 (Civic Space Types).

Community Park: A moderate sized civic space of at least 12 acres in size that serves multiple neighborhoods and consists of both structured and unstructured recreation. A Community Park typically contains paths and trails, meadows, waterbodies, woodlands, and shelters, both formally and naturalistically disposed. Community parks may be spatially defined by buildings or landscaping. See Division 2.4 (Civic Space Types).

Concertina Wire: Coiled barbed wire used as an obstacle.

Conditional Use: These uses are permitted by right, provided that the additional use regulations set forth in Division 4.2 (Conditional Use Regulations) are met, as well as all other applicable regulations of this ordinance. The additional regulations associated with a “conditional use” are intended to insure that “permitted uses” are compatible with neighboring activities and the surrounding community.

Cottage Court: This building type consists of a series of small, detached structures sited upon a single lot in which multiple units are arranged to define a shared court that is typically perpendicular to the street. The shared court takes the place of a private rear yard and becomes an important community-enhancing element. This type is appropriately-scaled to fit within primarily single-family or medium-density walkable neighborhoods, and is important for providing a broad choice of housing types. While residential in form, this type allows for the establishment of a single-lot cluster of buildings dedicated to retail, the arts, education, etc. See Section 5.1.80 (Cottage Court).

Compact House: This building type is a small detached structure on a small lot that incorporates one unit. It is typically located within a primarily single-family neighborhood in a walkable urban setting, potentially near a neighborhood main street. This type enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types that promote walkability. While residential in form, this building type is ideal for low intensity retail, service, and office uses. See Section 5.1.70 (Compact House).

Curb: The edge of the vehicular pavement that may be raised curb, ribbon, or flush to a swale. The curb usually incorporates the drainage system.

Curb Radius: The curved edge of street paving at an intersection, measured at the inside travel edge of the travel lane.

D.

DBH (Diameter at Breast Height): The diameter (in inches) of the trunk of a tree (or, for multiple trunk trees, the aggregate diameters of the multiple trunks) measured 4 ½ feet from the existing grade at the base of the tree. This measurement is used for existing trees.

10.1.10 Definitions


Depth, Ground-Floor Commercial Space: The distance from the street-facing facade to the rear interior wall of the ground-floor space available to a commercial tenant.

Design Speed: is the velocity at which a street tends to be driven without the constraints of signage or enforcement. There are four ranges of speed: Yield: (below 20 MPH); Slow: (20-25 MPH); Low: (25-35 MPH); and Suburban: (above 35 MPH, ideally in T1 only). Lane width is determined by the desired design speed.

Detention Basins: Areas for the temporary storage of storm runoff, used primarily for flood control and to control discharge rates sufficiently to provide gravity settling of pollutants.

Directory Sign: Secondary signage that provides guidance to entrances for businesses. For specific criteria regarding directory signs, see Sub-section 5.9.50.B.5 (Upper Story Business).

Diseased Trees: Those trees that may constitute a hazard to life and property or harbor insects or disease which represent a potential threat to other trees within the Town.

Dooryard: A private frontage type where the frontage line is defined by a low wall or hedge and the main facade of the building is set back a small distance creating a small private space. The space may be raised, sunken, or at grade and is associated with ground floor residential, live / work, and small commercial uses. See Section 5.3.90 (Dooryard).

Drive: A thoroughfare along the boundary between an urbanized and a natural condition, usually along a park or promontory. One side has the character of a thoroughfare with sidewalk and building, while the other has the qualities of a road or parkway with naturalistic planting and rural details.

Driveway: A vehicular lane within a lot, or shared between two lots, usually leading to a parking or loading area.

Duplex: This building type is a small to medium-sized structure that consists of two side-by-side, front-to-back, or stacked dwelling units, both facing the street, and sharing one common party wall. This type has the appearance of a medium to large single-family home and is appropriately scaled to fit within primarily single-family or medium-density neighborhoods. It enables well-designed higher densities and is important for providing a broad choice of housing types that promote walkability. While residential in form, this building type is appropriate for low intensity retail, service, and office uses. See Section 5.1.90 (Duplex).

Dwelling Unit: An enclosed space used or intended to be used for living, sleeping, cooking, and eating.

E.

Easement: A legal instrument, recorded in the county records, that allows access through real property of the conveyor.

Elevation: An exterior wall of a building.

Encroachment: Any architectural feature, structure or structural element, such as a gallery, fence, garden wall, porch, stoop, balcony, bay window, terrace or deck, that breaks the plane of a horizontal regulatory limit extending into a setback, beyond the build-to-line, or into the public frontage.

Entrance, Principal: The main point of access of pedestrians into a building, most often from the primary street.

Entrance, Secondary: The secondary point of access of pedestrians into a building, most often from a secondary street or parking area (rear or side).

Expression Line: A line prescribed at a certain level of a building for the major part of the width of a facade, expressed by a variation in material or by a limited projection such as a molding or balcony.

Definitions 10.1.10


F.

Façade: The exterior wall of a building that is set along a frontage line.

Facade Zone: The area between the minimum and maximum setback lines.

Fascia: A wide band of material covering the ends of roof rafters, sometimes supporting a gutter in steep-slope roofing, but typically it is a border or trim in low-slope roofing.

Fence: A structure made of wood, metal, masonry, or other material, typically used as a screen or enclosure for a yard or open space, or as a divider along a lot line.

Finished Grade: Existing topography of a site at the completion of construction.

Finish Level, Ground Floor: Height difference between the ground floor finished floor of residential or commercial space, excluding lobbies and common-use areas, and the adjacent public walk. In the case of a loading dock frontage that serves as the public right-of-way, the floor finish level is the height of the walk above the adjacent street.

Flex Building: This Building Type is a medium to large-sized detached structure of one to two and a half stories with a storefront treatment that most often accommodates commercial or other uses that are too large or intense to be appropriately housed in a residential building type. The front façade is typically flat, often with a shopfront or gallery frontage. These buildings remain true to their function and take inspiration from the large vernacular structures of the lowcountry, including: packing sheds, barns, warehouses, and waterborne industries. They are often located at prominent intersections or activity areas outside the traditional Town core. See Section 5.1.130 (Flex Building).

Flex Space: A room or group of internally connected rooms designed to accommodate an evolution of use over time in response to an evolving market demand. Typically designed to accommodate future commercial uses, while accommodating less intense short-term uses, such as residential or live / work, until the full commercial demand has been established.

Forecourt: A private frontage type where the main facade of the building is at or near the frontage line and a percentage is set back, creating a small courtyard space. The space can be used as an entry court or shared garden area for apartment buildings, or as an additional shopping or restaurant seating area for commercial uses. See Section 5.3.80 (Forecourt).

Formally Disposed: Composed in a formal arrangement, in a regular, classical, and typically symmetrical manner.

Free Standing Signs: Free standing signs encompass a variety of signs that are not attached to a building and have an integral support structure. Three varieties include: Monument, Pole, and detached Yard Signs. See Division 5.9 (Signs).

Front: The primary frontage(s) of a lot, determined as follows:

For lots with frontages along multiple thoroughfares, the frontage along the thoroughfare with the most pedestrian activity, as determined by the Administrator, will always be the Front. All other frontages may be considered to be side street frontages.

For lots with frontages along a thoroughfare and a civic space, the Front may be the frontage along either the thoroughfare or the civic space, or both frontages may be treated as Fronts.

For lots with a single frontage along a thoroughfare or a civic space, but not both, that frontage is the front.

Frontages along alleys and pedestrian passages are not common, but are permitted (see Section 2.2.80 Lots). Frontages along service drives and parking drives may never be a front.

10.1.10 Definitions


Frontage: A strip or extent of land abutting a thoroughfare, civic space or other public right-of-way.

Private Frontage. The area between the curb of the public right-of-way and the front or side façade. See Division 5.3 (Private Fontages).

Public Frontage. The area between the curb of the vehicular lanes and the frontage line.

See Section 2.3.70 (Public Frontages).

Frontage Line: The property line(s) of a lot fronting a thoroughfare or other public way, or a civic space.

Frontage Type: The way in which a building engages the public realm. See Division 5.3 (Private Frontages).

G.

Gallery: A private frontage type where the main facade of the building is at the frontage line and the gallery element overlaps the sidewalk. This Type is intended for buildings with ground-floor commercial uses and may be one or two stories. The gallery should extend far enough from the building to provide adequate protection and circulation for pedestrians and extend close enough to the curb so that a pedestrian cannot bypass it. See Section 5.3.120 (Gallery).

Gable: A vertical wall in the shape of a triangle formed between the cornice or eave and the ridge of the roof.

Garage: A structure, or part thereof, used or intended to be used for the parking and storage of motor vehicles. For public or commercial garages see Subsection 4.2.50.B.2 (Specific to Parking Decks / Garages). For private garages see Subsection 4.3.40.A.3 (Private Garage).

Garden Wall: A freestanding wall made of masonry, typically used as a screen or enclosure for a yard or open space, or as a divider along a street, alley, or lot line.

Gas Station: A corner-lot or mid-block building type which provides for necessary services without sacrificing the walkability of the surrounding street frontage. Gas pumps are located behind a shopfront “convenience store” that addresses the street and is designed to the dimensional and development standards of this code. See Section 5.2.40 (Gas Station).

Glazing: Openings in a building in which glass is installed.

Green: A neighborhood civic space often located in a residential area that is available for unstructured and limited amounts of structured recreation. A green typically consists of lawn and trees, both formally and naturalistically disposed, and may be spatially defined by buildings or landscaping. The minimum size shall be 1 acre and the maximum size shall be 15 acres. See Division 2.4 (Civic Space Types).

Greenway: A linear civic space of at least 8 acres in size that follows a natural corridor, providing both structured and unstructured recreation for multiple neighborhoods. A Greenway contains paths and trails, meadows, creeks, woodlands, and shelters, both formally and naturalistically disposed. Greenways may be spatially defined by buildings or landscaping. See Division 2.4 (Civic Space Types).

Green Roof: A roof of a building that is partially or completely covered with soils, drought tolerant vegetation, and a growing medium, planted over a waterproofing membrane. The roof may also include additional layers such as a root barrier and drainage and irrigation systems.

Ground Cover: Low-growing plants that spread to form a more or less solid mat of vegetation, generally planted to provide decorative landscaping or permeable cover for bare earth that prevents soil erosion.

Definitions 10.1.10


Gross Floor Area: The total floor area inside the building envelope, including the external walls, but not including the roof.

H. Hardscaping: The part of a building's grounds consisting of hard materials including brick, concrete, wood, tile paver, or other decorative hard surfaces used in lieu of or in conjunction with landscape materials such as trees, shrubs, turf, ground cover, wood chips, or gravel.

Hedge: A group of shrubs planted in line or in groups that form a compact, dense, living barrier. A Hedge is used both formally and informally to provide landscaping and screening, or as a means of enclosing an open space or demarcating a lot line. A Hedge may be used in combination with a garden wall or fence.

Height:

1. Buildings. Building height shall be measured in number of Stories from the natural grade or finished grade adjacent to the building exterior to the highest point of coping of a flat roof, the top of a mansard roof, or the highest point of the highest pitched roof. See Section 3.1.50 (How Building Height is Measured).

2. Fences and Walls.. Height is measured from the finished grade along the exterior side of the fence to the top of the fence. If a fence is built on top of a wall, the combined height of the fence and wall must not exceed the allowable fence height. See Division 5.5 (Fences and Walls).

Historic Resources: See Division 3.3.50 (Historic Preservation Overlay (HPO) Zone Standards).

Home Occupation: Any occupation, profession, activity, or use which is customarily, in whole or in part, conducted in a residence, which does not change the exterior of the property or affect the character of the residential use.

I.

Infill: The development of vacant land that was bypassed by earlier waves of development and is now largely surrounded by developed land.

Impermeable: Not able to be infiltrated by water.

Improvement: The product of any modification to a lot, structure or building.

J.

K.

L.

Landmark Buildings: Landmark Buildings are designed for occupancy by public or commercial uses that provide important services to the community, including recreation, education, safety, assembly, and related functions. They contribute significantly to the quality of the community and often serve as the focal point of a public open space, terminate a vista, or are placed at a prominent location. The architectural quality and construction of a Landmark Building shall be of the highest quality and exceed that of nearby buildings. See Section 5.2.30 (Landmark Buildings).

Landscape Wall Sign: Landscape wall signs are attached to freestanding walls and are often used to mark a place of significance or the entrance to a location. See Section 5.9.70 (Landscape Wall Sign).

Large Footprint Building: A building type that appropriately accommodates a large building envelope devoted to a single use in excess of 35,000 sf. Large Footprint Buildings are required

10.1.10 Definitions


to provide commercial, office, or residential liner space along facades that face streets or public spaces. Those functions deemed applicable for a Large Footprint Building are conducive to a walkable environment, and:

The use is inherently associated with long blank exterior walls, requiring special treatment (i.e. parking garage, movie theater, etc.); and / or

The function is associated with a single story structure whose mass (20 to 30 ft tall) often equals that of a standard 2-3 story building (e.g. building supply, grocery store, etc.).

See Section 5.2.50 (Large Footprint Building).

Large House: This Building Type is a large detached structure on a large lot that typically incorporates one unit and is located within a primarily single-family residential neighborhood in a rural or sub-urban setting. If located within a walkable neighborhood, this building type is typically located at the edge of the neighborhood, often along the water, providing a transition to more rural areas. While primarily used for single family housing, this Building Type is appropriate for low intensity group living. See Section 5.1.50 (Large House).

Liner Building: A fully functional commercial space built in front of a larger scaled building, structure, or “anchor” such as a grocery store, cinema, boat storage facility, or parking garage. Liner Buildings are used to conceal and activate large expanses of blank wall area by providing smaller shopfronts along the sidewalk.

Live / Work Unit: An integrated housing unit and working space in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity with a substantial commercial component that may accommodate employees and walk-in trade. The residential component may be located above or behind the commercial space.

Lot: A unit of real property having boundaries established by the official county tax map.

Lot, Corner: A lot with two or more frontage lines that intersect.

Lot, Flag: A lot not meeting minimum lot frontage requirements and where access to a public or private street is provided by means of a long, narrow driveway between abutting lots.

Lot, Reverse Frontage: “Reverse-frontage lot” means a double-frontage lot for which the boundary along one of the streets is established as the front lot line and the boundary along the other street is established as the rear lot line, and over the rear of which an easement is provided.The rear lot line of the lot shall be that boundary abutting a major thoroughfare or other disadvantageous use.

Lot, Through: A lot with two or more frontage lines that do not intersect.

Lot Area: The total square footage or acreage of horizontal area included within the lot lines.

Lot Depth: The horizontal distance between the front lot line and rear lot line of a lot measured perpendicular to the front lot line.

Lot Width: The horizontal distance between the lot lines measured parallel to the front lot line.

M.

Main Street Mixed-Use Building: A Building Type which consists of a small- to medium-sized structure, typically attached, intended to provide a vertical mix of uses with ground-floor commercial, service, or retail uses and upper-floor commercial, service, or residential uses. Smaller versions of this Type include live/work units. This Type makes up the primary component of a neighborhood main street and portions of a downtown main street, and is critical to providing a walkable environment. See Section 5.1.140 (Main Street Mixed-use).

Definitions 10.1.10


Mansion Apartment: This Building Type is a medium structure that consists of three to six side-by-side and/or stacked dwelling units, typically with one shared entry or individual entries along the front. This Type has the appearance of a medium-sized family home and is appropriately scaled to fit in sparingly within primarily single-family neighborhoods or into medium-density neighborhoods. This Type enables well-designed higher densities and is important for providing a broad choice of housing types that promote walkability. While residential in form, this Building Type may be appropriate for office, medical, lodging, and similar uses. See Section 5.1.110 (Mansion Apartment).

Manufactured Home: A structure built and constructed in a factory or manufacturing plant. It has a chassis, a manufacturer’s certificate, axles, and trailer tongue, but is primarily designed to be installed once. A manufactured home can be retro-fitted easily with running gear and moved with a temporary license plate. These units are built to the Housing and Urban Development standards.

Marquee Sign: A sign mounted to or hung from a marquee that projects horizontally or vertically from the façade to express a figural design and message to motorists and pedestrians. Marquee signs often have patterned or neon lighting and changeable or painted lettering. See Section 5.9.80 (Marquee Sign Type).

Medium House: This Building Type is a medium-sized detached structure on a medium-sized lot that incorporates one unit. It is typically located within a primarily single-family residential neighborhood in a walkable urban setting potentially near a neighborhood main street. While primarily used for single family housing, this Building Type is appropriate for low intensity group living and non-residential uses. See Section 5.1.60 (Medium House).

Mixed Use: The development of a single building containing more than one type of land use or a single development of more than one building and use including, but not limited to, residential, office, retail, recreation, public, or entertainment, where the different land use types are in close proximity, and shared pedestrian and vehicular access and parking areas are functionally integrated.

Mixed-Use Project: A development that combines both commercial and residential uses on the same site, typically with the commercial uses occupying the ground floor street frontage and the residential uses above.

N. Naturally Disposed: The preservation of existing natural conditions, or the composition of elements arranged as they appear in nature, with irregular shapes and asymmetry.

Neighborhood: An area of a community with characteristics that distinguish it from other community areas and which may include distinct ethnic or economic characteristics, schools, social clubs, or boundaries defined by physical barriers such as thoroughfares or natural features.

New Urbanism: A design-focused alternative to automobile-oriented planning and development that promotes walkable, town-centered, environmentally sensitive and sustainable communities by emphasizing transit, human scale, and a mix of housing, civic, commercial, and retail uses in close proximity, while preserving open lands and achieving other environmental goals.

O.

Outbuilding: Is a Building located toward the rear of the same Lot as a Principal Building and sometimes connected to the Principal Building by a Backbuilding. An Outbuilding contains non-habitable / non-heated space and Uses such as a garage, port-cochere, parking area, storage space, and garden shed, etc. An Outbuilding functions as an Accessory Dwelling Unit

10.1.10 Definitions


(ADU) if a portion or all of the building contains a Use requiring habitable, heated, or overnight space (e.g. residential dwelling, lodging, office, or other indoor function).

P.

Parallel Access Road: A subsidiary road running parallel to a main road or highway and giving access to houses and businesses. Syn. Frontage Road.

Parapet: A low wall along the edge of a roof or the portion of a wall that extends above the roof line.

Parcel: See "Lot".

Passive Recreation: Recreation requiring little or no physical exertion focusing on the enjoyment of one's natural surroundings.

Path (PT): A pedestrian way traversing a park or rural area, with landscape matching the contiguous open space, ideally connecting directly with the urban sidewalk network.

Pedestrian Passage: An open or roofed access passing between buildings. These passageways frequently connect rear parking areas and alleys to frontages, streets, plazas, and other public use spaces. A pedestrian passage provides a shortcut through long blocks and is often restricted to pedestrian use and limited vehicular access.

Pedestrian Shed: An area that is centered on a common destination. There are three types of pedestrian sheds: standard; linear; and long, whose size is defined by an average walking distance that may be traversed at an easy walking pace from its edge to its center.

Pedestrian Shed, Standard: A pedestrian shed that is an average one-quarter mile radius or 1,320 feet, that is centered on a common destination. A standard pedestrian shed represents approximately a five-minute walk at a leisurely pace.

Pedestrian Shed, Linear: A pedestrian shed that is elongated along an important mixed-use corridor, such as a main street. A linear pedestrian shed extends approximately one-quarter mile (1,320 feet) from each side of the corridor for the length of its mixed-use portion.

Pedestrian Shed, Long: A pedestrian shed that is an average one-half mile radius or 2,640 feet that is centered on a larger common destination, such as a downtown or transit station. A long pedestrian shed represents approximately a 10-minute walk at a leisurely pace.

Perforated Vinyl: A vinyl graphic film that is perforated to allow a full graphic image to be seen on the outside of a window, such that it is not possible to see into a building interior, yet it is possible to see through the image from the interior to the exterior of the building.

Performance Guarantee: A financial guarantee to ensure that all improvements, facilities, or work required by this Ordinance will be completed in compliance with the Ordinance, regulations, and the approved plans and specifications of a development.

Permeable: A type of soil or other material that allows passage of water or other liquid.

Planting Strip: Areas intended for the placement of vegetation within the interior of parking lot areas or along street right-of-way edges, typically between the back of the curb and the inside edge of the sidewalk.

Plaza: A neighborhood civic space located in the more urban transect zones that promotes civic and commercial activities. Plazas primarily consist of pavement and hardscapes, formally disposed and spatially defined with building frontages. Trees are optional. Plazas are often located at significant intersections, with a minimum acreage of ½ acre and a maximum acreage of 2 ½ acres. See Division 2.4 (Civic Space Types).

Playground: A neighborhood civic space designed and equipped for the recreation of children. Playgrounds should be fenced and may include an open shelter or other features.

Definitions 10.1.10


They may be cited at prominent locations, within the block, or even within another civic space; and are spatially defined by buildings or landscaping. See Division 2.4 (Civic Space Types).

Pocket Park: A small-sized civic space of less than 1 acre in size that is fronted by buildings and primarily serves nearby residents. Pocket parks are used for both informal and formal activities. See Division 2.4 (Civic Space Types).

Pocket Plaza: A small civic space located in the more urban transect zones that promotes civic and commercial activities. Pocket plazas primarily consist of pavement and hardscapes, formally disposed and spatially defined with building frontages. Trees are optional. Pocket plazas are often located at significant intersections, with a minimum size of 4000 sf and a maximum size of a ½ acre. See Division 2.4 (Civic Space Types).

Porch: See Division 5.3 (Private Frontages).

Projecting Porch: A porch which is open on three sides and all habitable space is located behind the setback line. See Section 5.3.50 (Porch: Projecting).

Engaged Porch: A porch which has two adjacent sides of the porch that are engaged to the building while the other two sides are open. See Section 5.3.60 (Porch: Engaged).

Private Frontage: The privately held space between the front plane or primary mass of the principal building and the front parcel line / ROW. See Division 5.3 (Private Frontages).

Projecting Sign: Projecting signs mount perpendicular to a building’s facade. They are typically hung from decorative cast or wrought iron brackets, allowing them to swing slightly. These signs are small, pedestrian scaled, and easily read from both sides. See Section 5.9.100 (Projecting Sign Type).

Public Frontage: The area between the vehicular lanes and the front parcel line that contains the curb assembly, walkway type, planter type, landscaping, lighting, signage, and civic elements (benches, bus stops, etc.).

Public Realm: The physical and social domain of the public that is held in common either by their physical presence or by visual association. This includes, but is not limited to plazas, squares, parks, thoroughfares, public frontages, private frontages, civic buildings and civic spaces.

Q.

R.

Rain Garden: See Bioswale.

Rear Alley (RA): A vehicular way located to the rear of lots providing a location for utility easements and access to service areas, parking, and outbuildings paved with a ribbon curb at the outer edge.

Rear Lane (RL): A vehicular way located to the rear of lots providing a location for utility easements and access to service areas, parking, and outbuildings paved with a ribbon curb at the edge of the pavement, and compacted gravel or similar suitable material placed on the outer edges.

Regional Park: A large sized civic space of at least 200 acres in size that serves the region and consists of both structured and unstructured recreation. A regional park typically contains paths and trails, meadows, waterbodies, woodlands, and shelters, both formally and naturalistically disposed. Regional parks may be spatially defined by buildings or landscaping. See Division 2.4 (Civic Space Types).

Residential: Premises used primarily for human habitation.

10.1.10 Definitions


Right of Way (ROW): A right-of-way is the actual land area acquired for a specific purpose such as a utility line or roadway.

Road: A local, rural, or suburban thoroughfare for low vehicular speed and capacity. This thoroughfare type is allocated to the more rural transect zones.

S.

Setback: The mandatory clear distance between a property line and a structure.

Secondary Wing: A smaller building mass attached to the main body of a building.

Shared Lane Markings: Pavement marking that shows bicyclists where to position themselves to “take the lane” on streets where traffic lanes are too narrow for motor vehicles to safely share the lane side-by-side with bicycles.

Shared Parking: Any parking spaces assigned to more than one user, where different persons utilizing the spaces are unlikely to need the spaces at the same time of day.

Sharrow: A road shared by bicycles and vehicles.

Shed Roof: A roof shape having only one sloping plane.

Shopfront: A private frontage type where the main facade of the building is at or near the frontage line with an at-grade entrance along the public way. This Type is intended for retail use. It has substantial glazing at the sidewalk level and may include an awning that may overlap the sidewalk. It may be used in conjunction with other frontage types. See Section 5.3.100 (Shopfront).

Shrub: A woody plant, smaller than a tree, consisting of several small stems emerging from the ground, or small branches near the ground. Shrubs may be deciduous or evergreen.

Sidewalk Sign: A temporary, moveable sign type that may be used to announce daily specials, sales, or point to shops off the sidewalk. See Section 5.9.110 (Sidewalk Sign Type).

Special Exception Permit: See Section 8.2.50 (Special Exception Permit). These permits are issued by the Design Review Board (DRB) for special uses allowed within a zone.

Sports Complex: A large sized civic space of at least 25 acres in size that serves the region and consists of structured recreation. A sports complex consolidates heavily programmed athletic fields and associated facilities into one, formally disposed complex. See Division 2.4 (Civic Space Types).

Square: A civic space that promotes unstructured recreation and civic activities. Squares consist of paths, lawns, and trees, formally disposed and spatially defined by building frontages. Squares are often located at significant intersections, with a minimum size of ½ acre and a maximum size of 5 acres. See Division 2.4 (Civic Space Types).

Storefront: The portion of a frontage composed of the display window and / or entrance and its components, including windows, doors, transoms and sill pane, that is inserted into various frontage types, such as a shopfront or gallery, to accommodate retail uses.

Stoop: A private frontage type where the main facade of the building is near the frontage line and the elevated stoop engages the sidewalk. The stoop shall be elevated above the sidewalk to ensure privacy within the building. Stairs may lead directly to the sidewalk or be side-loaded. See Section 5.3.70 (Stoop).

Story: An above-grade habitable floor level within a building. See Section 3.1.50 (How Building Height is Measured).

Half Story. A 1/2 story is the top floor of a building that has a maximum exterior wall height not to exceed 6'-0", creating a sloped ceiling on the top level of the structure.

Definitions 10.1.10


Dormers may be used to provide egress windows as required by the adopted building code.

Street (ST): A local urban thoroughfare for low vehicular speed and capacity.

Structure: Anything constructed or erected, the use of which requires attachment to the ground, attachment to something located on the ground, or placement on the ground.

Suspended Signs: Suspended signs mount to the underside of beams or ceilings of a porch, gallery, arcade, breezeway or similar covered area. They are typically hung in a manner that allows them to swing slightly. These signs are small, pedestrian scaled, and easily read from both sides. See Section 5.9.120 (Suspended Sign Type).

T.

Tandem Parking: A parking space deep enough to allow two cars to park, one behind the other.

Temporary Parking Lots: Parking lots that are not permanent, are only intended to fulfill a short-term need, and ultimately will be replaced by a permanent building or structure. Temporary Parking lots are not subject to the parking location regulations and liner requirements for above grade parking in the building form standards, but must comply with all landscaping standards.

Terrace: A private frontage type where the main facade is at or near the frontage line with an elevated terrace providing public circulation along the facade. The terrace can be used to provide at-grade access while accommodating a grade change. Frequent steps up to the terrace are necessary to avoid dead walls and maximize access. This type may also be used in historic industrial areas to mimic historic loading docks. See Section 5.3.110 (Terrace).

Thoroughfare: A street. This ordinance mandates that all vehicular rights of way, easements, and parking access-ways be designed as thoroughfares that both resemble and function as a traditional street would.

Thoroughfare, Primary: For corner lots with buildings, the thoroughfare with the most pedestrian activity (as determined by the Administrator) that also provides the main point of access for pedestrians into the building.

Thoroughfare, Secondary: For corner lots with a buildings, the thoroughfare with less pedestrian activity (as determined by the Administrator). The building should address the secondary thoroughfare, but may or may not contain a secondary entrance, allowing pedestrian access directly from the secondary thoroughfare.

Townhouse: This building type is a small to medium-sized attached structure that consists of three or more dwelling units placed side-by-side. This type is typically located within medium-density neighborhoods or in a location that transitions from a primarily single-family neighborhood into a neighborhood main street. This type enables well-designed higher densities and is important for providing a broad choice of housing types that promote walkability. While primarily residential in form, this type may be used for live-work and similar low intensity retail, service, and office uses. See Section 5.1.100 (Townhouse).

Transect: A cross-section of the environment showing a range of different habitats. The rural-to-urban transect of the human environment is divided into multiple transect zones that describe the physical form and character of a place according to the intensity of its land use and urbanism.

Transect (T) Zone: A zoning district. The five transect zones in this ordinance (T1 – T5) are mixed-use and walkable. They use the rural to urban transect as their primary organizing principle, and thus vary by the ratio and level of intensity of their natural, built, and social

10.1.10 Definitions


components. The higher the corresponding number (e.g. T1, T3, T5), the more intense and urban the zoning district, or transect zone.

Transit Stop: A location where buses stop to load and unload passengers. A transit stop may or may not include a shelter or a pullout.

Tree, Shade: See “Canopy Tree.”

Tree, Street: A tree planted that is an element of a thoroughfare assembly. See Division 2.3 (Thoroughfare Standards).

U.

Understory Tree: A tree that has an expected height at maturity of no greater than 30 feet.

Utilities: Installations or facilities or means for furnishing to the public, electricity, gas, steam, communications, water, drainage, sewage disposal, or flood control, irrespective of whether such facilities or means are underground or above ground; utilities may be owned and operated by any person, firm, corporation, municipal department or board, duly appointed by state or municipal regulations. Utility or utilities as used herein may also refer to such persons, firms, corporations, departments, or boards.

V.

Vegetation, Native: Any indigenous tree, shrub, ground cover or other plant adapted to the soil, climatic, and hydrographic conditions occurring on the site.

W.

Wall Sign: A sign that is flat against the facade of a building consisting of individual cut letters applied directly to the building or painted directly on the surface of the building. Wall Signs are placed directly above the main entrance and often run horizontally along the “expression line” or entablature of traditional buildings. They are typically intended to be seen from a distance and are often accompanied by additional pedestrian-scaled signage. See Section 5.9.130 (Wall Signs).

Wall Mural Sign: A sign that is flat against the building facade and is located on a secondary facade, typically along a side street, alley, or pedestrian passageway. These signs are often painted directly on the building and contain a combination of text and graphic elements. They are intended to be visible from a greater distance and must be accompanied by additional signage on the primary façade. See Section 5.9.140 (Wall Mural Signs).

Window Sign: Window signs are professionally painted consisting of individual letters and designs, gold leaf individual letters and designs, applied directly on the inside of a window. Window signs offer a high level of craftsmanship and visibility, and are often used for small professional offices. See Section 5.9.150 (Window Sign).

X.

Y.

Z.