(A)   It is the desire of the town to manage and regulate the development of the town to assure adequate public services which will harmonize with and preserve the existing rural character and pristine nature of the town.

   (B)   The town’s desire to manage the development and preserve natural and historical resources will be materially facilitated by zoning regulations.

   (C)   The nature of the town’s terrain is best suited only for low-density housing.

   (D)   To protect the unique waterfront environment as well as to prevent the degradation of the water classifications of the creeks, rivers and marshes surrounding the town.

   (E)   This chapter will not significantly increase the cost of housing in the town.

   (F)   This chapter considers all aspects of the town’s growth, with its aim of promoting not deterring the town’s orderly growth and development.

(Ord. 20-8, passed 12-7-2000)

   (A)   This chapter pertains to and describes the various zoning categories for the town as shown on the accompanying map.

   (B)   Any property not conforming to this chapter at the time of its adoption will be categorized legal, nonconforming and will remain as such with no change in use or zoning required. However, the discontinuation of the nonconforming use for a period of one year will result in the property being zoned to conform with this chapter.

   (C)   In this chapter, when references are made to Town Council, Planning Commission or Board of Zoning Appeals, those references shall indicate the Town Council, Planning Commission or the Board of Zoning Appeals.

   (D)   In this chapter, when reference is made to the Planning Director, that can also indicate the Director’s designee. References to Planning Department and Public Works Department indicate the town’s staff and consultants.

(Ord. 20-8, passed 12-7-2000)

   (A)   The Town Council does not act in a review or recommending capacity.

   (B)   The Town Council shall have final (local) decision-making authority on the following matters:

      (1)   Comprehensive Plan amendments;

      (2)   Zoning Code text amendments;

      (3)   Zoning map amendments (rezonings);

      (4)   Planned development (PD) plans and planned development (PD) zoning map amendments;

      (5)   Acceptance of public dedications; and

      (6)   Adoption of fees associated with this chapter as may be recommended by the Planning Commission and staff.

(Ord. 20-8, passed 12-7-2000)

   (A)   The Planning Commission acts in a review and recommending capacity on the following matters:

      (1)   Comprehensive Plan amendments;

      (2)   Zoning Code text amendments;

      (3)   Zoning map amendments (rezonings);

      (4)   Planned development (PD) plans and PD zoning map amendments;

      (5)   Acceptance of public dedications; and

      (6)   Adoption of fees associated with this chapter.

   (B)   The Planning Commission shall have final (local) decision-making authority on the following matters:

      (1)   Preliminary subdivision plats;

      (2)   Public project review;

      (3)   Appeals of administrative decisions on final subdivision plats;

      (4)   Appeals of administrative decisions on subdivision matters; and

      (5)   Any other matters pursuant to S.C. Code Title 6, Chapter 29, as amended.

   (C)   The Planning Commission will adopt supplemental rules of procedure in accordance with the provisions of this chapter and not inconsistent with the provisions of S.C. Code Title 6, Chapter 29. In its actions relating to this chapter, the Commission will be governed by these regulations, and adopted rules.

(Ord. 20-8, passed 12-7-2000)

   (A)   The Board of Zoning Appeals does not act in a review or recommending capacity.

   (B)   The Board of Zoning Appeals shall have final (local) decision-making authority on the following matters:

      (1)   Special exceptions;

      (2)   Variances; and

      (3)   Appeals of administrative decisions on zoning matters.

   (C)   The Board of Zoning Appeals will adopt supplemental rules of procedure in accordance with the provisions of this chapter and not inconsistent with the provisions of S.C. Code Title 6, Chapter 29. In its actions relating to this chapter, the Board will be governed by these regulations and adopted rules.

(Ord. 20-8, passed 12-7-2000)

   (A)   The Planning Director shall act in a review capacity on the following matters:

      (1)   Comprehensive Plan amendments;

      (2)   Zoning Code text amendments;

      (3)   Zoning map amendments (rezonings);

      (4)   Minor PD plans and PD zoning map amendments;

      (5)   Major PD concept plans and PD zoning map amendments;

      (6)   Preliminary subdivision plats;

      (7)   Final subdivision plats;

      (8)   Variances;

      (9)   Special exceptions; and

      (10)   Public project review.

   (B)   The Planning Director shall have final (local) decision-making authority on the following matters:

      (1)   Written interpretations;

      (2)   Zoning permits;

      (3)   Sign permits;

      (4)   Final subdivision plats; and

      (5)   Conditional use permits.

   (C)   The Planning Director shall have the following powers and duties in addition to those otherwise set out under this chapter:

      (1)   Maintaining permanent and current records of this chapter, including, but not limited to, all zoning maps, amendments, special exceptions, variances, appeals and applications thereof and records of hearings thereon. Such records shall be open to public inspection during business hours;

      (2)   Providing such clerical, technical and consultative assistance as may be required by the Board of Zoning Appeals, Planning Commission, Town Council and other boards, commissions and officials in the exercise of their duties relating to this chapter;

      (3)   Enforcing all provisions of this chapter;

      (4)   Maintaining a record of all applications for zoning permits, including all plats and plans submitted therewith, which record shall be open to public inspection during business hours;

      (5)   Receiving, filing and forwarding to the Board of Zoning Appeals the records of all appeals and variances;

      (6)   Receiving, filing and forwarding to the Board of Zoning Appeals all applications for special exceptions; and

      (7)   Reviewing, approving and issuing administrative permits as authorized by this chapter and maintain records of these permits.

(Ord. 20-8, passed 12-7-2000)

   All annexed lands of the town shall be subject to the same zoning classification that existed under the County Unified Development Ordinance at the time of annexation. In the instance where the zoning classifications differ, the most restrictive similar district shall apply.

(Ord. 20-8, passed 12-7-2000; Ord. 02-13, passed 7-8-2002)

   (A)   Purpose. This purpose of this section is to defray expenditures associated with the application processing for permits and plan reviews.

   (B)   Procedure. The Planning Commission may recommend the fees schedule to the Town Council. The fees schedule shall be determined by the Town Council and adopted by resolution.

   (C)   Payment. Fees set forth in this section are required for permits and plan reviews. Fees are due with the submission of an application for permits and plan reviews to the Planning Department.

 

(Ord. 20-8, passed 12-7-2000; Ord. 01-12, passed 10-4-2001; Ord. passed 7- -2022)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ADULT DAY CARE. A facility licensed by the Department of Health and Environmental Control (DHEC) for adults 18 years of age or older, which offers in a group setting a program of individual and group activities and therapies. The program is directed toward providing community-based day care services for those adults in need of a supportive setting.

   AGRICULTURAL SALES AND SERVICE. An establishment engaged in the retail or wholesale sale from the premises of feed, grain, fertilizers, pesticides and similar goods.

   ANIMAL PRODUCTION. The raising of animals or production of animal products on an agricultural or commercial basis, exclusive of all concentrated animal feeding operations. ANIMAL PRODUCTION shall include the processing of shrimp and other seafood, but shall not include the processing of land-borne animals.

   BAR or LOUNGE. A use engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises, where 25% or more of the gross receipts are for the sale of alcohol. This use includes taverns, bars, cocktail lounges and any member exclusive bars or lounges.

   BED AND BREAKFAST INNS. A portion of an owner-occupied dwelling unit or detached accessory structure offering transient lodging, with or without breakfast, to paying guests on an overnight basis, usually staying less than seven days.

   BOAT YARD. A land-based operation primarily for the repair and service of boats, including any incidental storage of boats in the process of being repaired. This term does not include boat building.

   BUILDING HEIGHT. The vertical distance between the base flood elevation, or ground level, if the structure is not in a flood hazard area as defined by the Federal Emergency Management Agency (FEMA), and the average height level between the eaves and ridge line of a gable, hip or gambrel roof; the highest point of a mansard roof; or the highest point of the coping of a flat roof.

   CHILD DAY CARE. A service established primarily for the part-time (less than 24 hours) care of preschool children.

   COMMUNITY RECREATION CENTER. A public or quasi-public building designed for and used as a social, recreation and cultural center. As a part of such recreation centers, there may be included craft rooms, music rooms, game rooms, meeting rooms, auditoriums, swimming pools and kitchen facilities. Kitchen facilities and dining areas shall be used for special events only.

   CONSUMER CONVENIENCE SERVICE. An establishment providing services, primarily to individuals, of a frequent or recurrent nature. Typical uses include seamstresses, tailors, automated banking machines, locksmiths, one-hour photo finishing and dry cleaning or laundry pickup station services.

   CONSUMER GOODS RENTAL SERVICE. An establishment primarily engaged in the rental or leasing of new or used consumer goods or tools to the general public, excluding vehicle, watercraft or heavy equipment rentals.

   CORRIDOR. A strip of land in which all existing natural vegetation is to remain undisturbed, with the exception of one four-foot wide pervious surface foot path and one approved wildlife observation platform. The CORRIDOR length is measured from the right-of-way of a road, street or private drive forming the property line to the OCRM critical line; and the width of the corridor shall follow the waterfront development standards contained in this chapter.

   CROP PRODUCTION. The raising and harvesting of tree crops, row crops or field crops on an agricultural or commercial basis, including packing, processing or storing produce; provided that the operation of any such accessory uses shall be secondary to the normal agricultural activities.

   FOOD SALES. An establishment primarily engaged in the retail sale of food or household products for home consumption. These establishments may include the sale of beer and wine in unopened containers for off-premises consumption where the sale of products other than beer and wine comprise at least 51% of the gross sales of the establishment, and at least 51% of the total display or shelf space is devoted to products other than beer and wine. Typical uses include grocery stores, delicatessens, meat markets, retail bakeries and candy shops.

   GARDEN EQUIPMENT AND SUPPLIES. A commercial activity offering for sale indoor or outdoor garden fixtures, packaged plant food or pesticides, garden tools, manually or power operated with associated parts and accessories. Accessories may include plants.

   GROUP CARE HOME. A staffed residence, licensed by the Department of Social Services (DSS), with a population of fewer than 20 children who are in care apart from their parents, relatives or guardians on a full-time basis. GROUP CARE HOMES are classified by different levels of care ranging from independent to assisted living.

   GUIDE SERVICES. This use includes structures used to assemble customers in order to lead them on hunting, fishing, canoeing or similar expeditions for a fee. This use does not include any type of lodge providing overnight accommodations or any stocking of fish or game.

   HEAVY CONSTRUCTION SALES AND SERVICE. An establishment primarily engaged in construction activities and incidental storage on lots other than construction sites, as well as the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures and hardware. Typical uses include building materials stores, tool and equipment sales or building contractors.

   HOTEL-MOTEL. Lodging services involving the provision of a room, with or without meal service. Typical uses include hotels, motels or transient boarding houses.

   KENNELS AND ANIMAL BOARDING. Boarding and care services for dogs, cats and similar small animals. Typical uses include boarding kennels, pet motels and dog training centers.

   LIQUOR, BEER OR WINE SALES. A establishment primarily engaged in the retail sale of alcoholic beverages for off-premises consumption. This definition includes all retail stores where the sales of alcoholic beverages comprise 49% or more of gross sales. Typical uses include liquor stores, bottle shops or any licensed sales of liquor, beer or wine for off-site consumption.

   LOT AREA MEASUREMENT. Lot area refers to the horizontal land area within lot lines, including freshwater wetlands and excluding any area below the Office of Coastal Resource Management’s critical line.

   MANUFACTURING AND PRODUCTION. An establishment engaged in the manufacturing, processing, fabrication, packaging or assembly of goods. Natural, human-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. Relatively few customers come to the site. Typical uses include processing of food and related products; slaughter houses and meat packing; weaving or production of textiles or apparel; lumber mills, pulp and paper mills and other wood products manufacturing; woodworking, including cabinet makers; production of chemical, rubber, leather, clay, bone, plastic, stone or glass materials or products; printing, publishing and lithography; movie production facilities; concrete batching and asphalt mixing; production or fabrication of metals or metal products including enameling and galvanizing; manufacture or assembly of machinery, equipment, instruments, including musical instruments, vehicles, appliances, precision items and other electrical items; production of artwork and toys; sign making; and production of prefabricated structures, including manufactured housing units.

   MEDICAL OFFICE. A use providing consultation, diagnosis, therapeutic, preventive or corrective personal treatment services by doctors, dentists, medical and dental laboratories or similar practitioners of medical and healing arts for humans, licensed for such practice by the state.

   OFFICE. Unless the context clearly suggests a more specific meaning, means any of the following: government office, administrative office or professional office.

   OFFICE/WAREHOUSE COMPLEX. A structure or group of structures offering compartments of varying size for rental to different tenants for the storage of commercial goods or wares, conducting of certain retail trade activities, or provision of those personal or business services permitted by zoning.

   PERSONAL IMPROVEMENT SERVICE. An establishment primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include photography studios, driving schools, health or physical fitness studios, reducing salons, dance studios and handicraft or hobby instruction.

   PROFESSIONAL OFFICE. A use providing professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions.

   RECYCLING SERVICES. A facility used for the collection and transfer, but not the actual processing, of any of the following recyclable materials: glass, paper, plastic, cans or other source-separated, nonputrescible materials. For purposes of this use, recyclable materials shall not include motor oil, chemicals, household appliances, tires, automobiles, automobile parts or putrescible materials.

   RECREATION AND ENTERTAINMENT, INDOOR. Participatory and spectator-oriented recreation and entertainment uses conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice and roller skating rinks, arcades, video games and theaters.

   RECREATION AND ENTERTAINMENT, OUTDOOR. Participatory and spectator-oriented recreation and entertainment uses conducted in open, partially enclosed or screened facilities. Typical uses include sports arenas, racing facilities, amusement parks, golf driving ranges and miniature golf courses.

   REPAIR SERVICE, CONSUMER. An establishment primarily engaged in the provision of repair services to individuals and households rather than firms, but excluding automotive and equipment services uses. Typical uses include appliance repair shops, watch or jewelry repair shops, shoe repair shops or musical instrument repair shops.

   RESTAURANT, FAST FOOD. An establishment engaged in the preparation and retail sale of food and beverages in a ready-to-consume state, with one or more of the following characteristics:

      (1)   It serves ready-to-eat foods, frozen deserts or beverages in edible or paper, plastic or disposable containers;

      (2)   It serves foods that customers carry to the restaurant’s seating facilities, to motor vehicles or off-premises; or

      (3)   It serves foods through a pass-through window (which includes any and all drive-in restaurants).

   RESTAURANT, GENERAL. An establishment engaged in the preparation and retail sale of food and beverages for on-premises consumption, where the sales of alcoholic beverages does not comprise more than 25% of gross receipts. Typical uses include diners, cafeterias, dinner-houses and restaurants, but do not include fast food restaurants.

   RETAIL SALES OR SERVICES. An establishment primarily engaged in the sale of new or used products to the general public, but excluding those establishments more specifically defined in this chapter.

   SELF-SERVICE STORAGE OR MINI-WAREHOUSING. Storage services primarily for personal effects and household goods within enclosed storage areas having individual access, but excluding such uses as workshops, hobby shops, manufacturing or commercial activity.

   STABLE. A building or land where horses are kept for commercial or private use, including boarding, breeding, hire, sale, rental for riding or raising of horses not owned by the occupants of the premises.

   USE PERMITTED BY RIGHT. A principal use permitted without the requirement of a special exception.

   UTILITY SERVICE, MAJOR. Facilities and structures that are necessary for the generation, transmission and/or distribution of utilities to support principal development, such as generation facilities, electrical and telephone switching facilities, electric substations, pumping stations, sewage collection or disposal facilities, water or sewage treatment plants, water storage tanks, sewage collector or trunk lines, water mains and similar facilities.

   UTILITY SERVICE, MINOR. Minor structures, such as lines and poles, that are necessary to distribute utilities and provide service.

   VEHICLE REPAIR, GENERAL. An establishment that provides service to passenger vehicles, light and medium trucks and other consumer motor vehicles, such as motorcycles, boats and recreational vehicles. Generally, the customer does not wait at the site while the service or repair is being performed. Typical uses include muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, body and fender shops and similar repair and service activities, but excluding dismantling or salvage.

   VEHICLE SALES/RENTAL. The sale or rental of automobiles, noncommercial trucks, motorcycles, recreational vehicles or boats, including incidental storage, maintenance and servicing. Typical uses include new and used car dealerships, motorcycle dealerships and boat, trailer or recreational vehicle dealerships.

   VEHICLE SERVICE, LIMITED. An establishment that provides direct services to motor vehicles where the driver or passengers generally wait in the car or nearby while the service is performed. Typical uses include car washes and quick lubrication services.

   VETERINARY SERVICE. An establishment offering veterinary services and hospitals for animals. Typical uses include pet clinics, dog and cat hospitals and veterinary hospitals for livestock and large animals.

   WASTE-RELATED USE. Uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes or uses that manufacture or produce goods or energy from the composting of organic material.

   WHOLESALE SALES. An establishment engaged in the sale or lease, or rent of products primarily intended for industrial, institutional or commercial businesses. The uses emphasize on-site sales or order taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on-site or delivered to the customer. Typical use include sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts and building hardware.

(Ord. 20-8, passed 12-7-2000; Ord. 04-13, passed 12-2-2004; Ord. 06-11, passed 5-4-2006)

   The provisions of this section and § 153.011 shall apply to every use and zoning lot in every general zoning district and shall apply in any Planned Development District to the extent provided in the ordinance amendment establishing such Planned Development District.

(Ord. 20-8, passed 12-7-2000)

   (A)   Continuation of nonconforming use of land. The lawful use of land existing at the time of adoption of this chapter, or of an amendment thereto, although such use does not conform to the provisions thereof, may be continued; but if such nonconforming use is discontinued, as evidenced by lack of use for a period of at least one year or for 18 accumulative months during any three-year period, or by substitution of a conforming use, any future use of said land shall be in conformity with the provisions of this chapter.

   (B)   Continuation of nonconforming use of structure. The lawful use of a structure, existing at the time of the adoption of this chapter, or of an amendment thereto, although such use does not conform to the provisions hereof, may be continued and except for nonconforming signs, such use may be extended throughout the structure; provided that no structural alterations are made, other than those necessary to assure the safety of the structure; and provided, further, that such extension does not displace a conforming use in a district established by this chapter.

   (C)   Changing of a nonconforming use.

      (1)   A nonconforming use of a structure or lot may not be changed to another nonconforming use except upon a finding of the Board of Zoning Appeals that such other nonconforming use is likely to be less detrimental to adjacent property in the same district than in the nonconforming use from which permission to change is sought. Such finding shall not be made except upon appeal. Such changed nonconforming use shall be subject to all the provisions of this chapter.

      (2)   Whenever a nonconforming use of a structure has been changed to a conforming use, such use shall not thereafter be changed back to a nonconforming use.

      (3)   Existing nonconforming uses which become conforming through a change in land classification shall be required to meet all off-street parking, loading and screening as applicable to that district.

      (4)   When a conforming use becomes nonconforming through a change in land classification submitted by the applicant, the nonconforming use shall then be removed prior to the commencement of the conforming use.

   (D)   Nonconforming use not to be re-established. Whenever a nonconforming use of a structure, or portion thereof, has been discontinued, as evidenced by the lack of use, or vacancy for a period of at least one year, or for 18 accumulative months during any three-year period, or by substituting a conforming use, such nonconforming use shall not thereafter be re-established and the future use shall be in conformity with the provisions of this chapter.

   (E)   Extension of nonconforming structures. A nonconforming structure may be occupied and maintained in a state of good repair. It shall not be expanded unless it is nonconforming due to setbacks. In this case, it may be expanded provided the addition complies with all provisions (including setbacks) of this chapter.

   (F)   Extensions of nonconforming uses of land or activity. No nonconforming use of land or activity thereon shall be extended or enlarged unless the existing legal nonconforming use, when combined with the proposed extension, will result in a conforming use in compliance with all requirements of the zoning district in which it is located.

   (G)   Building permit issued. If, before the effective date of this chapter, or amendment thereof, a building permit was lawfully issued for a structure not in conformity to this chapter, or such amendment, the construction authorized by such permit may not be started after such date.

   (H)   Uses nonconforming by virtue of performance standards. No uses which are nonconforming by virtue of noncompliance with the applicable performance standards of this chapter or as a result of a subsequent amendment thereto, shall be changed or modified in such a way as to increase the degree of noncompliance with said standards, and all additions to and expansions of such use shall comply with said standards.

   (I)   Restoration and rebuilding.

      (1)   No building or structure utilized for residential use that is damaged by fire or other causes shall be repaired or rebuilt if the cost of repair is greater than 50% of its total physical replacement cost (which shall consist of labor and materials only). Determination of physical replacement costs shall be made by the County Director of Building Services or his or her designee. Where such repairs are allowed to be made, they shall be in conformity with all the regulations of this chapter.

      (2)   Where cost of repair is less than 50% of the total physical replacement cost of a structure, repairs or rebuilding may occur within the pre-existing structure boundaries (footprint and height); providing said repairs and/or rebuilding do not increase in any fashion or to any extent the previous

nonconforming status of the legal nonconforming structure.

   (J)   Nonconforming approved lots of record. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are approved lots of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and/or area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements of this chapter.

(Ord. 20-8, passed 12-7-2000)