Abutting Parcel. Any parcel that shares a lot line with another parcel.

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. Accessory Structures normally associated with a residential use property include, but are not limited to: garages (unenclosed or enclosed) for the storage of automobiles (including incidental restoration and repair), personal recreational vehicles and other personal property; studios; workshops; greenhouses (noncommercial); enclosed cabanas and pool houses; storage sheds; and outdoor saunas. Accessory structures normally associated with a non-residential use property include, but are not limited to: garages (unenclosed or enclosed) for the storage of automobiles and work related vehicles and equipment (including incidental restoration and repair); storage structures; workshops; and studios.

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).

Agriculture and Crop Harvesting. A nursery, orchard, or farm primarily engaged in the growth, processing, and packaging of fruits, vegetables, plants, trees, or fish (aquaculture) for the distribution of vegetation, seafood, wine, or dry goods. The premises may include agricultural accessory structures, plant nurseries, and secondary retail or wholesale sales. See also "Community Garden."

1.

Agricultural Accessory Structure. A building for sheltering animals or agricultural equipment, hay, feed, etc. These structures include, but are not limited to: barns, non-commercial greenhouses, coops, corrals, and pens. Does not include pasture fencing.

2.

Plant Nursery. A commercial agricultural establishment engaged in the production and sale of ornamental plans and other nursery products, grown under cover (e.g. greenhouses) either in containers or in the soil on the site, or outdoors in containers.

3.

Produce Stand. A temporary business established and operated for a specific time, selling raw, unprocessed fruits, vegetables, nuts, and other produce in its raw or natural state, and that is accessory to an on-site or adjacent agricultural operation.

Agricultural Support Services. Nursery, orchard, or farm supply and support services including, but not limited to: equipment dealers, support uses for agricultural, harvesting, and/or animal rearing, seasonal packing sheds, etc.

Administrator. The City Manager, or any person or persons designated by the City Manager to fulfill the duties outlined in Section 10.5 of this Development Code.

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.

Airport/Aviation Services. An airport, runway, landing strip, seaport, or heliport providing accommodations by public, private, or not-for-profit entities for the conveyance of persons from one location to another by airplane, seaplane, helicopter, or other means of aviation. Includes facilities for loading and unloading areas.

Alcoholic Beverage Sales. The retail sale of beer, wine, and/or spirits for on-site or off-site consumption, either as part of another retail use or as a primary business activity.

Animal Keeping. The raising, breeding, feeding, and/or keeping of a limited number of animals kept wholly or partially outside of a residential structure, including, but not limited to: horses, bees, rabbits, fowl, and poultry. Does not include animals normally considered as household pets (as determined by the Administrator).

1.

Livestock and Sales Yards. The raising, breeding, feeding, or keeping of animals for purposes of dairy manufacturing, processing, slaughter, or sales, kept wholly or partially outside of a residential structure, including, but not limited to: horses, mules, llamas, bison, elk deer, cattle, swine, sheep, ostrich and goats. Does not include animals normally considered as household pets (as determined by the Administrator).

2.

Large Lot Feed Operations. The raising, breeding, feeding, and/or keeping of confined animals in production operations that are separate from standard agricultural activities (i.e. crops, vegetation, or pasture foraging are not sustained over any portion of the facility), and that sustain activities for a minimum of 45 days during any 12-month period.

Animal Keeping, Small. The raising or keeping of small animals kept wholly or partially outside of a residential structure, including, but not limited to: rabbits, fowl, and poultry. Does not include animals normally considered as household pets (as determined by the Administrator).

Animal Services: Animal Clinic, Boarding, and Animal Hospital.

1.

Animal Clinic. An establishment used by a veterinarian where animals are treated.

2.

Animal Boarding. A commercial facility for the grooming, keeping, boarding or maintaining of five or more animals (four months of age or older) in an enclosed facility, except for dogs or cats for sale in pet shops or in animal hospitals. Includes pet day care.

3.

Animal Hospital. An establishment where a veterinarian treats animals of any size and where there may be functions and facilities that are not completely enclosed within a structure.

4.

Animal Kennel. A commercial facility for the grooming, keeping, boarding or maintaining of ten or more animals (four months of age or older), except for dogs or cats for sale in pet shops or in animal hospitals. Includes outdoor runs and open-air facilities.

Approved Phase. An phase of development that has been approved through the subdivision or site plan approval process, or a phase thereof approved by the Administrator prior to a request for an inspection for a certificate of compliance.

Arborist Report. See Appendix A.

Archaeological Resources. As defined in the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa—470mm) Section (1): The term "archaeological resource" means any material remains of past human life which are of archaeological interest. Such determination shall include, but not be limited to: pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, graves, human skeletal materials, or any portion or piece of the foregoing items. Nonfossilized and fossilized paleontological specimens, or any portion or piece thereof, shall not be considered archaeological resources, under this definition, unless found in an archaeological context. No item shall be treated as an archaeological resource under this definition unless such item is at least 100 years of age.

Archaeological Site. The area of the development identified as being listed in or having the potential for listing in the National Register of Historic Places.

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.

ATM. An automated teller machine (computerized, self-service machine used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institution personnel), located outdoors at a bank or in another location. Does not include drive-up ATMs.

Bank/Financial Services. See "General Services."

Bar/Tavern/Night Club.

1.

Bar, Tavern. A business where alcoholic beverages are sold for on-site consumption, which are 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. May also include beer brewing as part of a micro brewery ("brew-pub"), and other beverage tasting facilities.

2.

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.

Basement. Any area of the building having its floor subgrade (below ground level) on all sides. A raised basement is a basement story with a floor level that is subgrade and ceiling level that is above grade.

Bed and Breakfast. See "Lodging."

Block Face. The span from one street to another street. When reference "block face development/redevelopment" blocks must be a minimum of 150 feet wide to meet this standard. If blocks are longer than 600', or located along a waterfront, the dimension which constitutes development/redevelopment is defined as a minimum of 300 feet.

Boat Sales and Service. See "Vehicle and Boat Sales and Rental."

Brew Pub. A pub or restaurant that also contains a microbrewery (see definition).

Buildable Area. The area of a lot that remains after removing the required front, side and rear yards for individual lots, as set forth for the particular zone.

Building Footprint. The total area of a structure under roof, regardless of whether it is heated or unheated.

Building Supplies/Lumber Yard. An establishment in which building or construction and home improvement materials are offered or kept for retail sale, which may also include the fabrication of certain materials related to home improvement and/or the outdoor storage of such materials designated for retail sale.

Building Type. A structure defined by its combination of configuration, disposition and function.

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. 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.

Bungalow Court. See Division 5.1 (Building Type Standards).

Caliper. A horticultural method of measuring the diameter of a tree trunk for the purposes of determining the tree's size. The caliper of the trunk is measured six inches above the ground for trees with a diameter of four inches or less, twelve inches above the ground for trees with diameters more than four and less than ten inches, and at breast height (4½ feet) for trees with diameters of ten inches or greater.

Campground. An area of land utilized for temporary occupation by travelers in recreational vehicles, campers, tents, and camping cabins not exceeding three hundred seventy-five (375) square feet. Does not include mobile home parks.

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.

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.

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.

Charrette. A multiple-day collaborative design and planning workshop held on-site and inclusive of all affected stakeholders.

Civic Building. A structure operated by governmental or not-for-profit organizations and limited to civic and related uses. Civic Buildings may include the following:

1.

Library, Museum. Public or quasi-public facilities, examples of which include: aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, planetariums, and zoos. May also include accessory retail uses such as a gift/book shop, restaurant, etc.

2.

Theater (Cinema or Performing Arts). An indoor facility for group entertainment, other than sporting events. Examples of these facilities include: Civic theaters, facilities for "live" theater and concerts, and movie theaters.

3.

Public Service Buildings. These are municipal buildings which include City Hall, Courthouse, Police Stations, and Fire Stations. May also be considered "Community/Public Safety Facilities."

4.

Religious Institutions.

Civic Institution. A term defining not-for-profit organizations that are dedicated to arts, culture, education, religious activities, recreation, government, and transportation.

Civic Space. An outdoor area, dedicated for community activities. These areas may be reserved for use by a specific neighborhood or community or group, or open for public use. See Section 7.4 for more information and examples.

Colleges and Universities. A facility for post-secondary education that grants associates, bachelors, masters, or doctoral degrees, and may include research functions. Includes professional schools (e.g. law, medicine, etc.) and technical colleges.

Commercial. A term defining workplace, office and retail uses collectively.

Common Courtyard. An entry court, forecourt or courtyard shared by multiple residential units or commercial spaces.

Community Based Farmer's Market. The temporary use of a site for the outdoor sales of food and farm produce items.

Community Care Facilities. Facilities that provide living, sleeping, and sanitation accommodations for institutional purposes in coordination with the provision of social services. The facilities may include facilities for eating and cooking. This category does not include Group Homes, or Community Residences; see "Group Home."

1.

Custodial Care Facility. A facility providing care and treatment in a protective living environment for persons residing voluntarily, by court placement, or under protective control of federal, State, county, or City governance including, without limitation, post-correctional facilities, temporary detention facilities, chronically ill tenants, domestic violence victims, outpatient clients, and developmentally disabled.

2.

Homeless 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 nighttime residence.

a.

Emergency Shelter. A facility that provides temporary housing on a first-come, first-served basis where clients must leave in the morning and have no guaranteed bed for the next night OR provide beds for a specific period of time, regardless of whether or not clients leave the building. Facilities that provide temporary shelter during extremely cold weather (such as churches) are also included.

b.

Short-Term Housing. A facility that provides housing for individuals or families (not to exceed 6 months) with a continued identified bed space. The facility would also provide personal assistance to indigent, needy, homeless or transient persons who lack a fixed, regular, and adequate nighttime residence. Such personal assistance must include food and/or shelter, and in addition may include needed and necessary supportive services.

c.

Transitional Housing. A structure or a group of structures providing housing for clients with a maximum stay of two years and offer supportive services to promote self-sufficiency and to help obtain permanent housing.

Community Garden. A site used for growing plants for food, fiber, herbs, and flowers and shared and maintained by community residents.

Community/Public Safety Facility. A facility operated by a public agency including fire stations, other fire preventive and fire fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities. May include ambulance dispatch on the same site. May also be considered "Civic Facilities."

Contributing Structure. Any structure within the Historic District that was indicated on the 1997 Beaufort County Above Ground Historic Sites Survey, or subsequent historic sites survey, that is deemed to have qualities that exemplify the character of the Historic District.

Critical Area. All saline waters and related lands which are subject to the ebb and flood of the tide including coastal waters, tidelands, coastal wetlands, mudflats, marshes and shallows. The critical area is seaward of the critical line, as delineated by the Department of Ocean and Coastal Resources Management of the South Carolina Division of Health and Environmental Control.

Critical Line. The line defining the edge of a Critical Area. This border is delineated by the Department of Ocean and Coastal Resources Management of the South Carolina Division of Health and Environmental Control.

Day Care, Child or Adult. A state-licensed facility that provides non-medical care and supervision for adult clients or minor children for periods of less than 24 hours per day for any client. Each individual receiving care is considered one "client." These facilities include the following, all of which are classified and required to be licensed by the South Carolina Department of Health and Environmental Control and the South Carolina Department of Social Services.

1.

Family Day Care Home. A licensed facility in a private home where an occupant of the residence provides family day care for up to 6 adult clients or minor children for periods of less than 24 hours per day for any client. Facilities include but are not limited to: infant centers, nursery schools, preschool, after-school or extended day care, and school age child care centers. See "Home Occupation - Minor."

2.

Group Care Home. A licensed day care facility that provides non-medical care and supervision to 7-12 adult clients or minor children for periods of less than 24 hours per day for any client. Facilities include, but are not limited to: infant centers, nursery schools, preschools, after-school or extended day care, and school age child care centers.

3.

Commercial Care Center. A licensed day care facility licensed that provides non-medical care and supervision to more than 12 adult clients or minor children for periods of less than 24 hours per day for any client. Facilities include, but are not limited to: infant centers, nursery schools, preschools, after-school or extended day care, and school age child care centers. Conditional Use. These uses that require Administrator approval for conditional uses allowed within a zone.

DBH (Diameter at Breast Height). A standard measure of tree size for existing trees. The tree trunk diameter is measured, in inches, at a height of four and one-half (4.5) feet above the ground. If a tree splits into multiple trunks below four and one-half (4.5) feet, but adjacencies of trunks clearly show sharing of a singular rootball, then diameters of trunks below four and one-half feet to be totaled as a single number indicating DBH.

Density. Density refers to the number of dwelling units per unit of land area. Density is calculated by dividing the number of dwelling units on a site by the gross area (in acres) of the site on which the dwelling units are located. The number of dwelling units allowed on a site is based on the presumption that all other applicable standards will be met. The maximum density established for a zone, including Planned Unit Development districts, is not a guarantee that such densities may be obtained, nor shall the inability of a development to achieve the stated maximum density be considered sufficient justification for varying or otherwise adjusting other density, intensity or dimensional standards.

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 Review Authority. The person or group that has the authority to review projects, as specified in Article 9 of this Code.

Detention Facility. A facility operated by a public agency that provides protective care for the region in which it is located. Such facilities include: prisons, detention facilities, temporary detention facilities, work camps, etc.

Development. Any man-made change in improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, diking, berming, excavation, drilling operations, or storage of equipment or materials.

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 city.

Dooryard. See Section 4.4 (Private Frontage Types).

Drive-Through Facility. Facilities where food or other products may be purchased or services may be obtained by motorists without leaving their vehicles. Examples of drive-through sales facilities include fast-food restaurants, drive-through coffee, photo stores, pharmacies, bank teller windows and ATMs, dry cleaners, etc., but do not include gas station or other vehicle services which are separately defined under "Vehicle Sales and Services."

Dwelling/Dwelling Unit/Housing Unit. A room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.

1.

Accessory. An auxiliary dwelling unit located within an accessory structure of a primary dwelling unit on the lot. Includes, but is not limited to dwelling units in guest houses, carriage houses, pool houses, and above or beside a garage.

2.

Single-Family. A structure containing one primary dwelling unit on a single lot.

3.

Family. A structure containing two dwelling units on a single lot.

4.

Three-Family. A structure containing three dwelling units on a single lot.

5.

Multi-Family. A structure containing four or more dwelling units on a single lot.

6.

Multi-Family Development. One parcel that contains multiple buildings containing housing units, either as apartments, or condominium. Each building may have one or more units.

Eave/Parapet. Building height to eave/parapet shall be measured from the eave or top of parapet to natural grade or finished grade at the lowest point adjacent to the building exterior, whichever yields the greatest height.

Effect and Adverse Effect.

1.

Effect means an undertaking has an impact on a historic resource when the undertaking may alter the characteristics of the resource that may qualify the resource for inclusion in the National Register of Historic Places.

2.

Adverse effect means an undertaking in which the effect on a historic resource may diminish the integrity of the property's location, design, setting, materials, workmanship, feeling, or association.

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 vertical or horizontal regulatory limit extending into a setback, beyond the build-to-line, into the public frontage, or above a height limit.

Engaged. See Section 4.4 (Private Frontage Types).

Facade. The vertical surface of a building.

Facade Zone. The area between the minimum and maximum setback lines.

Fair Market Value. The value of a structure or parcel based upon one of the following, at the discretion of the owner:

1.

The value listed in the Beaufort County's tax assessor data.

2.

The value listed in a professional appraisal not older than 1 year.

Fenestration. The arrangement of windows and doors on the exterior of a building.

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 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.

Forestry. Perpetual management, harvesting and enhancement of forest resources for ultimate sale or use of wood products, requiring replanting, and subject so South Carolina Forestry Commission Best Management Practices (BMPs).

Formalized On-Street Parking. see "Parking, On-Street."

Formally Disposed. Composed in a formal arrangement, in a regular, classical, and typically symmetrical manner.

Front. The primary frontage(s) of a lot, determined as follows:

1.

For lots with frontages along multiple thoroughfares, the Primary Frontage is determined by the Street Hierarchy Diagram in Appendix C. All other frontages may be considered to be side street frontages.

2.

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, with the following exception: the frontage along certain Civic Spaces may be required to be a Front, as per the standards in Section 7.4 (Civic and Open Space).

3.

For lots with a single frontage along a thoroughfare or a Civic Space, but not both, that frontage is the Front.

4.

Frontages along alleys, service drives, and parking drives may never be a front.

Frontage. A strip or extent of land abutting a thoroughfare, civic space or other public right-of-way.

Frontage, Primary. The elevation(s) of a structure that fronts a Primary Street. See also "Primary Street."

Frontage, Private. The area between the edge of the public right-of-way and the front or side facade.

Frontage, Public. The area between the curb of the vehicular lanes and the frontage line.

Frontage Line. The property line(s) of a lot fronting a thoroughfare or other public way, or a civic space.

Garage. A structure, or part thereof, used or intended to be used for the parking and storage of motor vehicles.

Garage/Carport, Detached. A garage or carport that is separated from the main body of the house. It may be physically connected to the house with a covered walk if that walk is unconditioned and does not exceed ⅔ the width of the garage.

General Retail. Stores and shops intended to serve as destination retail, convenience shopping, and provision of general services. Examples of these stores, lines of merchandise, and services include: Art galleries; retail; art supplies, including framing services; books, magazines, and newspapers; cameras and photographic supplies; clothing, shoes, and accessories; collectibles (cards, coins, comics, stamps, etc.); drug stores and pharmacies; dry goods; fabrics and sewing supplies; furniture and appliance stores; hobby materials; home and office electronics; jewelry; luggage and leather goods; musical instruments; neighborhood markets; parts; accessories; small wares; specialty grocery store; specialty shops; sporting goods and equipment; stationery; toys and games; variety stores; videos, DVDs, records, and CDs, including rental stores. May include sales of materials produced on the premises.

General Services. Professional, commercial and public activities conducted in offices and storefronts, without outdoor storage needs, including, but not limited to, business and financial services, advanced technology uses that are compatible in terms of noise/vibration impacts and hazards with adjoining buildings, minor repair services, health services, social services, legal services, educational services and cultural services. Does not include industrial or medical services.

1.

Bank/Financial Services. Financial institutions, including, but not limited to: banks and trust companies, credit agencies, holding (but not primarily operating) companies, lending and thrift institutions, other investment companies, securities/commodity contract brokers and dealers, security and commodity exchanges, and vehicle finance (equity) leasing agencies. Includes ATM facilities (see "ATM").

2.

Business Services. Establishments providing direct services to consumers. Examples of these uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, elected official satellite offices, etc. This use does not include "Bank, Financial Services," which is separately defined.

3.

Business Support Service. An establishment within a building that provides services to other businesses. Examples of these services include, but are not limited to: Computer-related services (rental, repair) (see also "Maintenance Service - Client Site Services"), copying, quick printing, and blueprinting services, film processing and photofinishing (retail), mailing and mailbox services.

4.

Personal Services. Establishments that provide non-medical services to individuals as a primary use. Examples of these uses include: barber and beauty shops, body piercing facilities, clothing rental, dry cleaning pick-up stores with limited equipment, home electronics and small appliance repair, laundromats (self-service laundries), locksmiths, massage (licensed, therapeutic, non-sexual), nail salons, pet grooming with no boarding, shoe repair shops, tailors, tanning salons, tattoo parlors. These uses may also include accessory retail sales of products related to the services provided.

5.

Professional, Administrative Services. Office-type facilities occupied by businesses that provide professional services, or are engaged in the production of intellectual property. Examples of these uses include: Accounting, auditing and bookkeeping services, advertising agencies, attorneys, business associations, chambers of commerce, commercial art and design services, construction contractors (office facilities only), counseling services, court reporting services, design services including architecture, engineering, landscape architecture, urban planning, detective agencies and similar services, educational, scientific and research organizations, financial management and investment counseling, literary and talent agencies, management and public relations services, media postproduction services, news services, photographers and photography studios, political campaign headquarters, psychologists, secretarial, stenographic, word processing, and temporary clerical employee services, security and commodity brokers, writers' and artists' offices.

Ground Cover. Low-growing plants that grow in a spreading fashion 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.

Group Dwelling. A residential facility for unrelated persons providing living facilities, sleeping rooms, and meals. This category does not include homes for the developmentally disabled or other institutional uses such as protective living or sheltered care facilities; see "Community Care Facilities."

1.

Eight or Fewer Residents, in a Home. Residential facility for eight or fewer unrelated persons providing living facilities, sleeping rooms, and meals. This use shall be considered as a single-family dwelling, in terms of applicable building form standards. The number listed does not include the operator, members of the operator's family, or persons employed by the operator as staff, except that the total number of persons living in a group home shall not exceed 10. This category does not include a home for the developmentally disabled or other institutional uses such as protective living or sheltered care facilities, see "Community Care Facilities."

2.

More than 8 Residents, in a Community Residence.

a.

Dormitories. A building or portion thereof which contains living quarters for nine or more students, staff, or members of a college, university, primary or secondary boarding school, theological school, or other comparable organization, provided that such building is either owned or managed by such organization. Single family and two-family dwellings are defined separately. See "Rooming and Boarding Facilities."

b.

Convent or Monastery. The living quarters or dwelling units for a religious order or for the congregation of persons under religious vows.

c.

Congregate Care Facility. A facility for long-term residence exclusively by persons 62 years of age or older, and which may include, without limitation, common dining and social and recreational features, special safety and convenience features designed for the needs of the elderly, such as emergency call systems, grab bars and handrails, special door hardware, cabinets, appliances, passageways, and doorways designed to accommodate wheelchairs, and the provision of social services for residents which must include at least two of the following: meal services, transportation, housekeeping, linen, and organized social activities.

d.

Nursing Home. A health care institution other than a hospital or sheltered care home which provides inpatient or resident beds and is licensed by the South Carolina Department of Health and Environmental Control as a skilled nursing facility for two or more unrelated persons. A nursing home provides services to those who need continuous care but do not require hospital care or direct daily care from a physician.

Hedge. A group of shrubs planted in line or in groups that forms a compact, dense, living barrier that demarcates an area from on-site or off-site views.

Height, Overall. Overall building height shall be measured vertically 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. In general, this Code measures heights in stories rather than feet. See Section 2.4.1 and 2.6 for more standards and description.

Historic Resources. According to the National Historic Preservation Act of 1966, as amended through 1992 (16 U.S.C. 470 et seq.) Section 101(a)(1)(A). Any district, site, building, structure, or object that is at least 50 years of age and is significant in American history, architecture, archaeology, engineering, and culture may be considered for inclusion on the National Register of Historic Places.

Home Occupation—Major. Residential premises used for the transaction of business, the supply of professional services, and the limited supply of retail by the resident thereof. Major Home Occupations may include agent, architect, artist, broker, consultant, draftsman, dressmaker, engineer, family daycare home, interior decorator, lawyer, notary public, teacher, and other similar occupations, as determined by the Administrator. The Home Occupation use shall not disrupt the general character of the neighborhood.

Home Occupation—Minor. Residential premises used for the transaction of business or the supply of professional services. Home Offices shall be limited to the following: agent, architect, artist, broker, consultant, draftsman, dressmaker, engineer, interior decorator, lawyer, notary public, teacher, and other similar occupations, as determined by the Administrator. Such use shall not simultaneously employ more than 1 person in addition to the residents of the dwelling. The Home Office use shall not disrupt the generally residential character of the neighborhood.

Household. A group or family living in a single Dwelling Unit. A single household may include up to 5 unrelated people.

Impervious Surface Coverage. The percent of a property that is covered with non-infiltrating material. This includes all structures, slabs and paving material.

Infill. The development of vacant land that is now largely surrounded by developed land. It is typically served by existing infrastructure, particularly roads, and may include properties which were previously developed but have been vacant for a number of years.

Infrastructure and 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; however it does not include Maintenance Yards (see "Maintenance Yard") or utility offices (see "General Service and Office").

Intensive Level Survey. A survey that will be based on a systematic approach to the entire tract, usually at 100-foot intervals, that are differentiated between having high or low potential for containing archaeological and historic resources. Topography and soil types are also taken into consideration to help determine the areas of high and low potential. In addition, subsurface activity, such as shovel tests, are done, unless surface exposure is evident, and the materials are sifted. All of the findings, as well as a determination of eligible sites, will be compiled into a final report.

Landmark Tree. Any existing broad-leaved overstory tree with a DBH of 36 inches or greater. Additional standards for specific trees, including cone-bearing trees, are as listed in the chart in Section 5.3.2.

Landscape Strip, Perimeter. Vegetative material associated with the perimeter landscaping required for a parking lot area.

Laundry, Dry Cleaning Plant. A service establishment engaged primarily in high volume laundry and garment services, including: carpet and upholstery cleaners; diaper services; dry cleaning and garment pressing; commercial laundries; and linen supply. These facilities may include accessory customer pick-up facilities. These facilities do not include coin-operated laundries or dry cleaning pick up stores without dry cleaning equipment, see "Personal Services."

Liner Building. An occupiable structure specifically designed to mask a separate interior use from a frontage.

Live/Work Unit. An integrated housing unit and working space, that accommodates both residential occupancy and work or commercial activity. Typically the commercial space is below or in front of the residential space.

Lodging. (Syn. Overnight Guest Accommodation)

1.

Bed and Breakfast Inn (B&B). (10 or Fewer Rooms) The use of a single residential structure for commercial lodging purposes, with up to ten bedrooms used for the purpose of the lodging transient guests and in which meals may be prepared for them, provided that no meals may be sold to persons other than such guests except as provided for in Section 3.6.2 C.1.e.

2.

Hostel. A facility for residence of under twenty-nine (29) days that provides simple dormitory or sleeping rooms and common rooms for cooking, meeting, recreational, and educational use; that is chartered or approved by the International Hostel Federation or its national or regional affiliates, or similar organizations; and that is supervised by resident house-parents or managers.

3.

Hotel/Motel (25 or more rooms). 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. Additional services may include a restaurant, meeting rooms, and recreational facilities.

4.

Inn (6 to 24 rooms). A building or group of buildings used as a lodging establishment having six to 24 guest rooms providing overnight accommodations and breakfast to transient guests.

5.

Resort. Lodging that serves as a destination point for visitors, located and designed with some combination of recreational uses or natural areas, such as marinas, beaches or pools, tennis, golf, equestrian, other special recreation opportunities, and/or a variety of restaurants and shops to serve the guests. Buildings and structures in the resort shall complement the scenic and natural qualities of the location and area where it is situated.

6.

Rooming and Boarding Facility. A residence or dwelling, other than a hotel, wherein three or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent, or rental agent is in residence. Includes dormitories, single room occupancy, fraternities, and sororities.

7.

Short-Term Rental. A single-family dwelling, individual two-family or three-family dwelling, multifamily dwelling, or boat docked in approved marina, or any portion thereof, that is available for use or is used for accommodations or lodging of guests paying a fee or other compensation for a period of less than 30 days. When a portion of a dwelling unit is being rented, only one rental party may rent space at one time. If separate parties are renting rooms simultaneously, the use is considered a Bed and Breakfast.

Lot Area. Lot area refers to the horizontal land area within lot lines, excluding any wetlands.

Lot Width. Lot width is measured between side lot lines along a line that is parallel to the front lot line or its chord and located the minimum front setback distance from the front lot line. On cul-de-sac lots existing on the date of adoption of this Development Code, the required lot width will be 80% of that required by this Development Code.

Maintenance Yard. An outdoor storage area for large equipment, vehicles, and/or other common materials used by the City and/or master developer for maintenance of public/private infrastructure; storage of scrap materials used for repair and maintenance; and buildings or structure for uses such as repair facilities. May include an accessory office.

Manufacturing, Processing, Packaging: Light. A facility accommodating manufacturing processes involving less intense levels of fabrication and/or production such as the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing processes and the materials used are unlikely to cause significant impacts on surrounding land uses or the community. The premises may include secondary retail or wholesale sales. Examples of light manufacturing/assembly uses include:

1.

Artisan/Craft Product Manufacturing. An establishment that manufactures and/or assembles small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products, where any retail sales are incidental to the manufacturing activity.

2.

Clothing and Fabric Product Manufacturing. An establishment that assembles clothing, draperies, and/or other products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs. Does not include custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store (see "Personal Services"). Does not include the production of textile fabrics and related materials.

3.

Furniture and Fixtures Manufacturing, Cabinet Shop. A business that manufactures wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes furniture re-upholstering businesses, and wood and cabinet shops, but not sawmills or planing mills.

4.

Handicraft Industries, Small-Scale Manufacturing. Establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products, and taxidermists. Also includes manufacturing establishments producing small products not classified in another major manufacturing group, including: brooms and brushes; buttons, costume novelties; jewelry; musical instruments; pens, pencils, and other office and artists' materials; sporting and athletic goods; toys; etc.

5.

Media Production. Facilities for motion picture, television, video, sound, computer, and other communications media production.

6.

Photo/Film Processing Lab. A facility that provides high volume and/or custom processing services for photographic negative film, transparencies, and/or prints, where the processed products are delivered to off-site retail outlets for customer pick-up. Does not include small-scale photo processing machines accessory to other retail businesses.

7.

Printing and Publishing. An establishment engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. "Quick printing" services are included in the definition of "Business Support Services."

Manufacturing and Processing, Heavy. A facility accommodating manufacturing processes that involve and/or produce basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity and/or scale of operations may cause significant impacts on surrounding land uses or the community. Examples of heavy manufacturing uses include the following:

1.

Chemical Product Manufacturing. An establishment that produces or uses basic chemicals, and other establishments creating products predominantly by chemical processes. Examples of these products include: basic chemicals, including acids, alkalis, salts, and organic chemicals; chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and finished chemical products to be used for ultimate consumption, including drugs/pharmaceuticals, cosmetics, and soaps; or to be used as materials or supplies in other industries including paints, fertilizers, and explosives. Also includes sales and transportation establishments handling the chemicals described above, except as part of retail trade.

2.

Concrete, Gypsum, and Plaster Product Manufacturing. An establishment that produces bulk concrete, concrete building block, brick, and/or other types of precast and prefabricated concrete products. Also includes ready-mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products, including plasterboard.

3.

Glass Product Manufacturing. An establishment that manufactures glass and/or glass products by melting silica sand or cullet, including the production of flat glass and other glass products that are pressed, blown, or shaped from glass produced in the same establishment. Artisan and craftsman type operations of a larger scale than home occupations are instead included under ("Manufacturing—Light - Handcraft Industries and Small-Scale Manufacturing").

4.

Paving and Roofing Materials Manufacturing. The manufacture of various common paving and petroleum-based roofing materials, including bulk asphalt, paving blocks made of asphalt, creosote wood, and various compositions of asphalt and tar.

5.

Petroleum Refining and Related Industries. Industrial plants for purifying petroleum, and the compounding of lubricating oils and greases from purchased materials. Also includes oil or gas processing facilities, liquefied natural gas (LNG) facilities, the manufacture of petroleum coke and fuel briquettes, tank farms, and terminal facilities for pipelines. Does not include petroleum pipeline surge tanks and pump stations ("Public Services"), or petroleum product distributors ("Flammable Liquid, Gas, and Bulk Fuel - Storage and Sale").

6.

Plastics, Other Synthetics, and Rubber Product Manufacturing. The manufacture of rubber products including: tires, rubber footwear, mechanical rubber goods, heels and soles, flooring, and other rubber products from natural, synthetic, or reclaimed rubber. Also includes establishments engaged primarily in manufacturing tires; products from recycled or reclaimed plastics or styrofoam; molding primary plastics for other manufacturers, manufacturing miscellaneous finished plastics products, fiberglass manufacturing, and fiberglass application services. Does not include establishments engaged primarily in recapping and retreading automobile tires (See "Vehicle Sales and Services").

7.

Primary Metal Industries. An establishment engaged in: the smelting and refining of ferrous and nonferrous metals from ore, pig, or scrap; the rolling, drawing, and alloying of metals; the manufacture of castings, forgings, stampings, extrusions, and other basic metal products; and the manufacturing of nails, spikes, and insulated wire and cable. Also includes merchant blast furnaces and by-product or beehive coke ovens.

8.

Pulp and Pulp Product Manufacturing. An establishment that manufactures pulp, paper, or paperboard. Includes pulp, paper, and paperboard mills. Does not include establishments primarily engaged in converting paper or paperboard without manufacturing the paper or paperboard, including envelope manufacturing, converted paper products, paper coating and glazing, paper bags, assembly of paperboard boxes, wallpaper (See "Manufacturing—Light - Paper Product Manufacturing").

9.

Textile and Leather Product Manufacturing. An establishment that converts basic fibers (natural or synthetic) into a product, including yarn or fabric, that can be further manufactured into usable items (See "Manufacturing—Light - Clothing and Fabric Product Manufacturing"), and industries that transform hides into leather by tanning or curing. Includes: Coating, waterproofing, or otherwise treating fabric; Manufacturing woven fabric, carpets, rugs from yarn; Dressed and dyed furs Preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage; Dying and finishing fiber, yarn, fabric, and knit apparel Scouring and combing plants; Leather-tanned, curried, and finished upholstery manufacturing; Manufacture of knit apparel and other finished products from yarn and thread mills; and Manufacture of felt goods, lace goods, non-woven fabrics and miscellaneous textiles.

Marine Industrial. A place of business serving marine-related needs including but not limited to: the loading and unloading of boats, boat storage (dry stack or boatyard), major boat repairs and servicing (engine, painting, body work, overhaul), commercial boat manufacturing, commercial fishing, the shipping of goods and containers, and other activities whose primary purpose is to facilitate the commercial maritime industry.

Maximum Lot Coverage. The percentage of a lot that is covered by roofs of the primary structure, and any accessory structures.

Medical Services: Clinic, Urgent Care; Doctor Office; and Extended Care.

1.

Clinic, Urgent Care. A facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include: Medical offices with five or more licensed practitioners and/or medical specialties, outpatient care facilities, urgent care facilities, other allied health services. These facilities may also include incidental medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under "Offices - Professional/Administrative."

2.

Doctor 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 four licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. A facility with five or more licensed practitioners is instead classified under "Medical Services - Clinic, Urgent Care." Counseling services by other than medical doctors or psychiatrists are included under "Office - Professional, Administrative."

3.

Extended Care. Residential facilities providing nursing and health-related care as a primary use with in-patient beds. Examples of these uses include: board and care homes; convalescent and rest homes; extended care facilities; and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under "Residential Care."

Medical Services: Hospital. A major institution where people receive medical, surgical, or psychiatric treatment and nursing care.

Meeting Facility, Public or Private. A facility for public or private meetings, including: Community centers, religious assembly facilities (e.g., churches, mosques, synagogues, etc.), civic and private auditoriums, Grange halls, union halls, meeting halls for clubs and other membership organizations, etc. Also includes functionally related internal facilities such as kitchens, multi-purpose rooms, and storage. Does not include conference and meeting rooms accessory and incidental to another primary use, and which are typically used only by on-site employees and clients, and occupy less floor area on the site than the offices they support. Does not include: Cinemas, performing arts theaters, indoor commercial sports assembly or other commercial entertainment facilities. Related on-site facilities such as day care centers and schools are separately defined and regulated.

Memorandum of Agreement. An agreement between the City and the applicant to avoid, reduce, or mitigate adverse effects on archaeological and historic properties, or to accept each effect in the public interest.

Microbrewery. (syn. Craft Brewery) A brewery that produces a small amount of beer (up to 10,000 barrels per year) for sale and consumption on or off premises. These establishments may be part of a brew pub (see definition).

Mining/Resource Extraction. Extractive uses such as surface mining for sand, gravel, clay and topsoil and any other such use. Quarrying is not permitted.

Mixed-Use. Multiple functions within the same building or the same general area through superimposition or within the same area through adjacency.

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.

Museum. See "Community Oriented Civic Facility."

National Historic Landmark District. A historic district that is officially recognized by the United States government for its outstanding historic significance.

National Register of Historic Places. The official list of the Nation's historic places worthy of preservation, as maintained by the National Parks Service.

Naturally Disposed. A preservation of the existing natural condition or a composition of elements arranged as they would appear in a nature, with irregular shapes and asymmetry.

Neighborhood Market. A neighborhood serving retail store, primarily offering food products, which may also carry a range of merchandise oriented to daily convenience shopping needs, and may be combined with food service (e.g., delicatessen).

Non-contributing Structure. Any structure within the Historic District that was indicated on the 1997 Beaufort County Above Ground Historic Sites Survey, or subsequent historic sites survey, that is not deemed to have qualities that exemplify the character of the Historic District. This also includes any structure that was not listed on the survey.

Office. See "General Services, Business Services, and Professional, Administrative Services."

Open Air Retail. A retail sales establishment operated substantially in the open air including, but not limited to: flea markets, trading posts, roadside stands, beach recreation and rental, and the like. Does not include community farmer's markets (see "Community Farmer's Market"), Vehicle Sales and Rental (see "Vehicle Sales and Rental"), industrial or agricultural equipment sales and rental (see "Agricultural Support Services"), home or garden supplies and equipment, or plant nurseries.

Outdoor Storage. Open yard area used for storage of materials or equipment associated with a primary use, excluding junk or other salvage. This is an accessory or primary use.

Outparcel. A small lot at the outer edge of a shopping center. Also called a pad site.

Parking Facility, Public or Commercial, Surface or Structure. Parking lots or structures operated by the jurisdiction or a private entity, providing parking either for free or for a fee. Does not include towing impound and storage facilities.

Parking, On-Street. On-street parking is parking constructed parallel or diagonal to the street right-of-way, defined by a ribbon or vertical curb, utilizing a durable surface material such as asphalt, concrete, pavers, or gravel, with appropriate stormwater controls.

Passive Recreation. Recreation requiring little or no physical exertion focusing on the enjoyment of one's natural surroundings.

Pedestrian Shed. An area centered on a major destination. Its size is limited by an average distance that may be traversed at an easy walking pace in a given amount of time from its center to its edge. Pedestrian sheds are useful for planning walkable areas. See Section 2.8.1 G.

Perimeter Buffer. The required installation of landscaping and screening materials between specified Districts. See Section 5.3.1, Perimeter Buffer Requirements.

Personal Storage Facility, Indoor. Structures containing generally small, individual, compartmentalized stalls or lockers offered for rent or lease to the general public as individual storage spaces and characterized by low parking demand. Premises may include retail or wholesale sales related to storage (e.g. boxes, locks, tape, protective material, etc.).

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.

The Point Neighborhood. The neighborhood of the Historic District bounded by Carteret Street on the West and the marshes of the Beaufort River on the North, East and South. See Section 13.3 for the Map of City Neighborhoods.

Prevailing Setback. Specific to the Historic District - the average setback of Contributing Structures, or new structures that are built in accordance with the historic building pattern.

Primary Facade. The elevation(s) of a structure fronting a street. When located on a corner, this may be the elevation fronting only the Primary Street, if applicable. See Appendix C for the Street Hierarchy map.

Primary Street. The most significant street that a building fronts. When a structure only fronts one street, that street is considered the Primary Street. When a building is on a corner, the Street Hierarchy map in Appendix C shall determine which streets are Primary Streets. Certain design elements, as discussed in Articles 2—4, apply only to those streets designated as Primary on the Street Hierarchy map.

Public Right-of-Way. The entire area between property boundaries which is owned by a government, dedicated to public use, or impressed with an easement for public use; which is primarily used for pedestrian or vehicular travel; and which is publicly maintained, in whole or in part, for such use, and includes without limitations the street, curb, shoulder, sidewalk, parking or parking strip, planting strip, and any public way.

Public Right-of-Way Line. The line where the property meets the public right-of-way at a public street or public waterway, provided that this definition shall not include unimproved alleys, easements or other similar dedicated uses.

Public Way. Any street, highway, road, path or right-of-way, whether privately or publicly owned, which is designed, or used for vehicular or pedestrian traffic or access.

Qualified Personnel. Professional consultants meeting the criteria set forth by the Secretary of the Interior, as well as the state historic preservation office and published in their Guidelines and Standards for Archaeological Investigation.

Recreation Facility, Commercial or Institutional.

1.

Indoor. An establishment providing indoor amusement and entertainment services for a fee or admission charge, including: Bowling alleys, coin-operated amusement arcades, electronic game arcades (video games, pinball, etc.), ice skating and roller skating, pool and billiard rooms as primary uses. Any establishment with four or more electronic games or amusement devices (e.g., pool or billiard tables, pinball machines, etc.) or a premises where 50 percent or more of the floor area is occupied by electronic games or amusement devices is considered a commercial recreation facility; three or fewer machines or devices are not considered a use separate from the primary use of the site. Does not include adult-oriented businesses.

2.

Golf Course and Country Club. This land use consists of golf courses and accessory facilities and uses including: clubhouses with bar and restaurant; locker and shower facilities; "pro shops" for on-site sales of golfing equipment and clothing; and golf cart storage and sales facilities.

3.

Health/Fitness Facility. A fitness center, gymnasium, or health and athletic club, which may include any of the following: Exercise machines, weight facilities, group exercise rooms, sauna, spa, hot tub, or swimming facilities, indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities. Does not include adult-oriented businesses.

4.

Outdoor. A facility for outdoor recreational activities where a fee may be charged for use. Examples include amusement and theme parks; campgrounds, recreational vehicle (RV) parks, and picnicking areas; go-cart tracks; golf driving ranges; miniature golf courses; outdoor pools, and water slides. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc. Does not include golf courses.

Recreational Vehicle Park. See "Recreation Facility, Commercial or Institutional - Outdoor."

Redevelopment Area. For purposes of this Code, the following areas are defined as Redevelopment Areas:

1.

The area defined by the lots on the north side of Calhoun Street, the lots on the east side of Carteret Street, the centerline of Bay Street, and the lots on the west side of Ribaut Road.

2.

Boundary Street Redevelopment District.

3.

Any lot within one-quarter mile of the intersection of Ribaut Road and Mossy Oaks Road.

Reserved Strip. A piece of land in a subdivision that is reserved, held or controlled for the purpose of prohibiting access to streets and roads.

Residential. Premises used primarily for human habitation.

Restaurant, Cafe, 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.

Root Flare. (syn. Trunk Flare). The outwardly curving base of a tree where it joins the roots.

SCDHEC (South Carolina Department of Health and Environmental Control). South Carolina's public health and environmental protection agency.

School, Private or Public. Includes the following facilities:

1.

Elementary, Middle, Secondary. A public or private academic educational institution, including elementary (kindergarten through 6th grade), middle and junior high schools (7th and 8th grades), secondary and high schools (9th through 11th grades), and facilities that provide any combination of those levels. May also include any of these schools that also provide room and board.

2.

Does not include pre-schools and child day care facilities (see "Day Care, Child or Adult"). See also the definition of "Studio - Specialized Education/Training" for smaller-scale facilities offering specialized instruction.

Setback. The mandatory clear distance between a property line and a structure.

Sexually Oriented Business. See Appendix B.

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 marking on the road delineating travel lanes to be shared by bikes and cars.

Sign. The term "Sign" shall mean and include every sign, billboard, poster panel, freestanding ground sign, roof sign, projecting sign, pylon sign, illuminating sign, sign painted on a wall, window, marquee, awning or canopy, and shall include any announcement, declaration, demonstration, display, ribbon, banner, illustration or insignia used to advertise or promote the interests of any person when the same is placed in view of the general public, traveling along a public street right-of-way.

1.

Abandoned Sign. A permitted sign which was erected on property in conjunction with a particular use which use has been discontinued for a period of 30 days or more, or a permitted temporary sign for which the permit has expired.

2.

Billboard. A large board for displaying advertising of either on- or off-premises businesses or organizations. For the purposes of this Code, any sign over 125 SF is considered a billboard.

3.

Canopy Sign. A sign which is suspended from, attached to, supported from or forms a part of a canopy.

4.

Changeable Copy Sign. A sign on which message copy is changed manually in the field, through the utilization of attachable letters, numbers, symbols and other similar characters or changeable pictorial panels.

5.

Construction Sign. Any sign erected and maintained on the premises temporarily while undergoing construction by an architect, contractor, developer, finance organization, subcontractor or materials vendor upon which property such individual is furnishing labor, services or material.

6.

Dilapidated Sign. Any sign which is structurally unsound, has defective parts or it in need of painting or maintenance.

7.

Directional Sign. A sign used to guide vehicular and/or pedestrian traffic by using symbols and/or such words as "entrance," "exit," "parking," "one-way," or similar directional instructions.

8.

Easel Sign. A sign or message board displayed on a portable open frame, the outline of which (the frame) is roughly pyramidal in shape.

9.

Flashing Sign. Any lighted or electrical sign which emits light in sudden transitory bursts.

10.

Freestanding Sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

11.

Illuminated Sign, External. Any sign which is directly lighted by an external source.

12.

Illuminated Sign, Internal. Any sign which transmits light through its face or any part thereof.

13.

Incidental Sign. A sign, generally informational, that has a purpose secondary to the use of the parcel on which it is located, such as "no parking," "loading zone," and other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.

14.

Inflatable Sign. A sign that is either expanded to its full dimensions or supported by gasses contained within the sign, or sign parts, at a pressure greater than atmospheric pressure.

15.

Monument Sign. A sign constructed on the ground with a continuous footing or foundation with the base of the sign at grade.

16.

Off-premise Sign. Any sign located or proposed to be located at any place other than within the same platted parcel of land on which the specific business or activity being promoted on such sign is itself located or conducted. For purposes of this UDO, easements and other appurtenances shall be considered to be outside such platted parcel of land and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off-premises sign.

17.

On-premises Sign. Any sign located or proposed to be located at any place, if otherwise permitted by this article, within the plat of record for the business or other activity identified on such sign.

18.

Painted Wall Sign. A sign painted directly on any exterior building wall or door surface, exclusive of window and door glass areas on any outside wall or roof or on glass of any building.

19.

Political Sign. A sign erected by a political candidate, group or agent thereof, for the purpose of advertising a candidate or stating a position regarding an issue upon which the voters of the city shall vote.

20.

Real Estate Sign. A temporary sign erected by the owner, or his agent, advertising the real property upon which the sign is located for rent, for lease or for sale.

21.

Roof Sign. A sign erected over or on, and wholly or partially dependent upon, the roof of any building for support, or attached to the roof in any way.

22.

Rotating Sign. Any sign which revolves around one or more fixed areas.

23.

Sandwich Board Sign. A portable sign shaped like an A-frame with a sign panel on one or both sides where the sign panel is integral to the structure of the sign.

24.

Snipe Sign. A sign which is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes or fences, or to other objects.

25.

Special Event Sign. A sign which carries message regarding a special event or function which is of general interest to the community.

26.

Suspended Sign. A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

27.

Temporary Sign. Any sign or information transmitting structure intended to be erected or displayed for a limited period.

28.

Tenant Directory Sign. A sign listing only the names and/or use, or location of more than one business, activity or professional office conducted within a building, group of buildings or commercial center. This sign is located on the interior of the lot.

29.

Time and Temperature Sign. An electrical sign utilizing lights going on and off periodically to display the current time and temperature in the community.

30.

Vehicle Sign. A permanent or temporary sign affixed, painted on or placed in or upon any parked vehicle, parked trailer or other parked device capable of being towed, which is displayed in public view under such circumstances as to location on the premise, time of day, duration, availability of other parking space on the premises where it is loaded, unloaded or otherwise carries out its principal function, which circumstances indicate that the primary purpose of the display is to attract the attention of the public rather than to serve the business of the owner thereof in the manner which is customary for the vehicle.

31.

Wall Sign. A sign mounted parallel to or painted on a building facade or other vertical building surface. Wall signs shall not project more than 18 inches from the wall surface.

32.

Window Sign. Any sign which is painted on, applied to, attached to or projected upon or within the exterior or interior of a building glass area, including doors, or located within 15 feet of the identification, message, symbol, insignia, visual representation, logotype, or any other form which communicates information, can be read from off-premises contiguous property or public right-of-way.

33.

Window Sign, Temporary. A window sign of a temporary nature used to direct attention to the sale of merchandise, or a change in the status of the business, including, but not limited to, sign for sales, specials, going out of business, and grand openings.

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.

Significant Resources. Historic resources eligible for listing in the National Register of Historic Places.

Single-Family/Unit House. See Division 5.1 (Building Type Standards).

Special Exception Permit. See Section 7.2.60 (Special Exception Permit). These permits are issued by the Zoning Board of Appeals (ZBOA) for special uses allowed within a zone.

Specimen Tree. Any existing broad-leaved overstory tree with a DBH of 24 inches or greater; any existing understory tree with a DBH of 12 inches or greater; and any Palmetto tree having a clear trunk height of at least 2 feet. Additional standards for specific trees, including cone-bearing trees, are as listed in the chart in Section 5.3.2.

Sports Complex. See Division 2.5 (Civic and Open Space Types).

Square. See Division 2.5 (Civic and Open Space Types).

Storage, Outdoor. See "Outdoor Storage."

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.

Story. An above-grade habitable floor level within a building.

Studio—Specialized Education/Training, etc. Small-scale facilities that provide individual and group instruction, education and/or training, including tutoring and vocational training in limited subjects, such as:

1.

The Arts. Production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. Also includes production studios for individual musicians, painters, sculptors, photographers, and other artists.

2.

Vocational and Professional Schools. Business, secretarial, and vocational school, computers and electronics school, driver education school, establishments providing courses by mail, language school, professional school (e.g. law, medicine, etc.), religious ministry training facilities.

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. The term "structure" shall include: Buildings; Walls or fences; Signs; Light fixtures; or anything else constructed or erected, the use of which requires a permanent or semi-permanent location on the ground or which is attached to something having a permanent or semi-permanent location on the ground.

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.

Thoroughfare. A road, street, or path providing a connection between two places.

Traffic Impact Analysis (TIA). A study performed by professional engineers with expertise in traffic engineering principles and practice, which reviews development of a specific property and analyzes how it integrates into the existing and proposed city street network and ongoing traffic study. The analysis utilizes data and conclusions developed in previous studies, and identifies improvements needed to mitigate the impact of traffic generated by a development on the street network system.

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. See Section 2.3.1 for more information.

Transit Station. A lot or structure used for the purpose of parking, loading and unloading freight and passengers from train or bus transportation. May include parking facilities and other commercial amenities to service transit passengers.

Transit Stop. A location where buses or other transit providers stop to load and unload passengers. A transit stop may or may not include a shelter or a pullout.

Transitional/Supportive Housing. A state licensed residential dwelling occupied with a 24-hour per day resident attendant directly employed for the temporary care, assistance and supervision of not more than eight (8) adults, with or without children, who require transitional housing accommodations made necessary due to conflict or threat of personal harm arising from the person's former living arrangement.

Transportation Terminal. Facilities for the embarkation and departure of surface transit facilities, including but not limited to: bus transit stations, rail transit stations, and ferry terminals. Does not include airports or related services (see "Airport, Aviation Services").

Tree, Deciduous. A tree that drops its foliage annually before becoming dormant.

Tree, Evergreen. A tree with foliage that is not dropped, or that remains green throughout the year.

Tree, Shade. See "Canopy Tree."

Tree, Street. See "Street Tree."

Tree Protection Zone. Area of no disturbance of organic layer or subsurface tree roots as measured from the furthest point of root emergence from ground to a minimum radius equal to one half of trunk diameter at breast height (DBH). See Section 5.2.2 D.

Understory Tree. A tree that has an expected height at maturity of no greater than 30 feet.

Unit. See "Dwelling Unit."

Utilities. See "Infrastructure and Utilities."

Does not include Maintenance Yards (see "Maintenance Yard") or utility offices (see "General Service and Office").

Vegetation, Native. Any indigenous tree, shrub, ground cover or other plant adapted to the soil, climatic, and hydrographic conditions occurring on the site.

Vehicle and Boat Sales and Rental. A retail or wholesale establishment selling and/or renting automobiles, trucks, vans, trailers, motorcycles, boats, and/or scooters with internal combustion engines. May also include repair shops and the sales of parts and accessories incidental to vehicle dealerships. Does not include businesses dealing exclusively in used parts, auto wrecking and/or salvage; the sale of auto parts/accessories separate from a vehicle dealership (see "General Retail"); or service stations (see "Vehicle Services").

Vehicle Services.

1.

Gas Station/Fuel Sales. Where petroleum products are dispensed for retail sales to automobiles, and may include a canopy, car wash, and/or accessory retail. Does not include the repair or servicing of vehicles (see "Minor Maintenance and Repair").

2.

Minor Maintenance and Repair. Incidental minor repairs to include replacement of parts and service to passenger cars, but not including any operation defined as "automobile repair, major," or any other operation similar thereto.

3.

Major Maintenance and Repair. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service including body or frame, straightening or repair, overall painting, or paint shop.

Vehicle, Wrecked. Any vehicle that has visible exterior damage to the extent that it cannot operate without substantial repair or reconstruction.

Warehousing. Facilities for the storage of furniture, household goods, or other commercial goods of any nature. May include an outdoor storage component, provided that the outdoor storage is not the primary use. Does not include warehouse, storage, or mini-storage facilities offered for rent or lease to the general public (see "Storage Facility: Personal Storage Facility, Indoor); warehouse facilities primarily used for wholesaling and distribution (see "Wholesaling and Distribution"); or terminal facilities for handling freight.

Water/Marine Oriented Facilities. A non-for-profit or for-profit marina for on-water storage, servicing, fueling, berthing, securing, loading and unloading of boats, and other marine related activities including: recreational and charter fishing, boat and watercraft rentals, and marine-related retail (bait and tackle, marine supplies, etc.)

Waterfront Lot. Any lot that is bound on one or more sides by a significant and naturally occurring body of water. This includes rivers, marsh, creeks, and tidal basins. This does not include retention or detention ponds, ditches, or pools.

Waste Transfer and Recycling Facility. A site, location, tract of land, installation, or building that is used for the purpose of transferring solid wastes and recyclables that are generated "off site" in the local community from vehicles or containers into other vehicles or containers for transport to a regional waste collection and recycling facility.

Wholesaling and Distribution. An establishment engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include: agents, merchandise or commodity brokers, and commission merchants, assemblers, buyers and associations engaged in the cooperative marketing of farm products, merchant wholesalers, stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.

Wireless Communications Facility. Public, commercial and private electromagnetic and photoelectric transmission, broadcast, repeater and receiving stations for radio, television, telegraph, 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.

This section lists additional standards for very specific uses that require detailed descriptions and conditions.

A.

Classification: Sexually oriented businesses are classified as follows: Adult arcades; Adult bookstores or adult video stores; Adult cabarets; Adult motels; Adult motion picture theaters; Adult theaters; Adult car washes; Adult health clubs or adult bath houses; Escort agencies; Massage parlors; Nude model studios; and Sexual encounter centers.

B.

Location:

1.

A person commits a misdemeanor if he operates or causes to be operated a Sexually Oriented Business outside of a parcel in the Limited Industrial (LI) District. All Sexually Oriented Businesses shall be located within a LI District.

2.

A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within 500 feet of:

a.

Any religious institution;

b.

Any school;

c.

The boundary of any residential District;

d.

A public park or recreation area;

e.

A youth activity center; or

f.

The property line of a lot devoted to residential use.

g.

A person commits a misdemeanor if he causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 500 feet of another Sexually Oriented Business.

h.

For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a Sexually Oriented Business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential District, residential lot or day care facility.

i.

The person commits a misdemeanor if he operates or causes to be operated a Sexually Oriented Business except as provided for in this section.

j.

A person commits a misdemeanor if he operates or causes to be operated a Sexually Oriented Business within 500 feet of another such business, which will include, any adult arcade, adult book store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor or any sexual encounter establishment, except as provided in paragraph 7 below.

k.

A Sexually Oriented Business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit, of a church, public or private elementary or secondary school, day care center, public park, residential District, or residential lot within 500 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit, and does not apply when an application for a permit has expired or has been revoked.

C.

Additional Regulations for Adult Motels:

1.

Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapter.

2.

A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented permit, he rents or subrents a sleeping room to a person and, within 10 hours from the time the room is rented, he rents or subrents the same sleeping room again.

3.

For purposes of paragraph B above, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.

D.

Exhibition of Sexually Explicit Films or Videos:

1.

A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

a.

Upon application for a Sexually Oriented Business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. A diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The building official may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

b.

The application shall be sworn to be true and correct by the applicant.

c.

No alteration in the configuration or location of a manager's station may be made without the prior approval of the building official or his designee.

d.

It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

e.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

f.

It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in Subsection a. remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection 1. of this section.

g.

No viewing room may be occupied by more than one person at any time. No holes, commonly known as "glory holes" shall be allowed in the walls or partitions which separate each viewing room from an adjoining room or restroom.

h.

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level.

i.

It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

2.

A person having a duty pursuant to Subsection 1. above commits a misdemeanor if he knowingly fails to fulfill that duty.

E.

Prohibitions Regarding Minors and Sexually Oriented Businesses: A person commits a misdemeanor if he/she operates or causes to be operated a Sexually Oriented Business, regardless of whether or not a permit has been issued for said business under this article, and knowingly or with reasonable cause to know, permit, suffer, or allow:

1.

Admittance of a person under 18 years of age to the business premises unless accompanied by a parent or guardian;

2.

A person under 18 years of age to remain at the business premises unless accompanied by a parent or guardian;

3.

A person under 18 years of age to purchase goods or services at the business premises without the specific consent of a parent or guardian; or

4.

A person who is under 18 years of age to work at the business premises as an employee.

F.

Advertising and Lighting Regulations:

1.

It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a Sexually Oriented Business, regardless of whether or not a permit has been issued for said business under this article, and advertises the presentation of any activity prohibited by any applicable state statute or local ordinance.

2.

It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a Sexually Oriented Business, regardless of whether or not a permit has been issued for said business under this article, and displays or otherwise exhibits the materials and/or performances at such Sexually Oriented Business in any advertising which is visible outside the premises. This prohibition shall not extend to advertising of the existence or location of such Sexually Oriented Business.

3.

The permittee shall not allow any portion of the interior premises to be visible from outside the premises.

4.

All off-street parking areas shall be located in front of the building for safety reasons. All off-street parking and premises entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of light on the parking surface and/or walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

G.

Hours of Operation:

1.

It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a Sexually Oriented Business, regardless of whether or not a permit has been issued for said business under this article, and allows such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 1:00 a.m. and 9:00 a.m. of any particular day and between 12:01 a.m. Sunday and 9:00 a.m. Monday.

2.

It shall be unlawful and a person commits a misdemeanor if, working as an employee of a Sexually Oriented Business, regardless of whether or not a permit has been issued for said business under this article, said employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service or solicits a service between the hours of 1:00 a.m. and 9:00 a.m. of any particular day and between 12:01 a.m. Sunday and 9:00 a.m. Monday.

H.

Nudity at Sexually Oriented Businesses:

1.

The United States Supreme Court decision in Barnes v. Glen Theater, Inc., 501 U.S. 560, 111 (1991) which upheld the rights of cities to prohibit live public exposure of a person'(s) private parts, specifically applies to sexually oriented businesses (regardless of whether or not a permit has been issued to said businesses under this article) where no alcoholic beverages are sold, served, or consumed at the premises.

2.

Public nudity is prohibited within the City of Beaufort, including any Sexually Oriented Business. Any Sexually Oriented Business which is found in violation of this section shall have its permit suspended pursuant to the provisions of Section 13.2.1 K. (Violation of Sexually Oriented Business Provisions).

I.

Regulations Pertaining to Live Entertainment:

1.

For purposes of this section, "live entertainment" is defined as a person who appears nude, seminude, or a performance which is characterized by the exposure of "specified sexual activities."

2.

No person shall perform live entertainment for patron(s) of a Sexually Oriented Business establishment except upon a stage of at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by patron(s). No patron shall be permitted within 10 feet of the stage while the stage is occupied by a performer.

3.

The Sexually Oriented Business establishment shall provide access for performers between the stage and the dressing room facilities for female and male performers which shall not be occupied or used in any way by anyone other than performers.

4.

The Sexually Oriented Business establishment shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the establishment shall provide a minimum four-foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers which prevents any physical contact between patrons and performers.

5.

No entertainer, either before, during, or after a performance, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during, or after a performance. This subsection shall only apply to physical contact while in or on the premises of the establishment.

6.

Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between performers and patrons required by this section.

7.

No patron shall directly pay or give any gratuity to any entertainer. A patron who wishes to pay or give a gratuity to a performer shall place the gratuity in a container that is at all times located separately from the performers for the purpose of preventing any physical contact between a patron and a performer. No performer shall solicit any gratuity from any patron.

8.

No operator of a sexually oriented business establishment shall cause or allow a performer to contract or engage in any entertainment such as a "couch" or a "straddle" dance with a patron while in or on the establishment premises. No performer shall contract to or engage in a "couch" or "straddle" dance with a patron while in or on the establishment premises. For purposes of this subsection, "couch" or "straddle" dance is defined as an employee of the establishment intentionally touching or coming within 10 feet of any patron while engaged in the display or exposure of any "specified anatomical area," or any "specified sexual activity." For purposes of this subsection, Employee is defined as it is in Article 13 (Definitions).

9.

This section shall not apply to an employee of an establishment who, while acting as a waiter, waitress, host, hostess, or bartender, comes within 10 feet of a patron. No employee shall engage in any "specified sexual activity" or display or expose any "specified anatomical area" while acting as a waiter, waitress, host, hostess or bar tender.

J.

Compliance with this Section:

1.

For purposes of this section, Establishment is defined as it is in Article 13 (Definitions). No establishment shall be in compliance with this section until the City's designated agent(s) have inspected and approved of the establishment's compliance. The City shall have 10 days from the date it receives written notice from the operator that the establishment is ready for inspection to approve to disapprove of compliance required by this section. Failure to approve or disapprove of compliance within 10 days shall constitute a finding of compliance under this section.

2.

The operator of an establishment, that has been providing live entertainment under a valid Sexually Oriented Business permit, shall have the time periods listed below in which to bring the establishment into compliance with this section. Failure to do so while continuing to provide live entertainment shall cause the establishment's permit to be suspended pursuant to the provisions of Section 13.2.1 K. (Violation of Sexually Oriented Business Provisions) The permit shall remain suspended until the establishment is approved by the City's designated agent(s) as being in full compliance with this section.

3.

The operator of an establishment, that has been operating under a valid permit for another classification of sexually oriented business and who wishes to provide live entertainment at that establishment, shall apply for and receive a Sexually Oriented Business permit for the operation of an establishment providing live entertainment before any live entertainment is provided at that establishment. No live entertainment permit shall be issued until the establishment is approved as being in full compliance with this section and all other applicable requirements of this section.

4.

The applicant for a permit to operate a new establishment, who wishes to provide live entertainment, shall apply for and receive a Sexually Oriented Business permit for the operation of an establishment providing live entertainment before any live entertainment is provided. No live entertainment permit shall be issued until the establishment is approved as being in full compliance with this section and all other applicable requirements of this section.

K.

Violation of Sexually Oriented Businesses Provisions:

1.

Suspension:

a.

The Administrator shall suspend a sexually oriented business permit if he/she determines that a permittee or an employee of a permittee has:

i.

Violated or is not in compliance with any section of this article.

ii.

Been under the influence of alcoholic beverages while working in the sexually oriented business premises.

iii.

Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter.

iv.

Knowingly permitted gambling by any person on the sexually oriented business premises.

v.

Operated the sexually oriented business in violation of a building, fire, health, or zoning statute, code, ordinance, or regulation, whether federal, state, or local, said determination being based on investigation by the division, department, or agency charged with enforcing said rules or laws. In the event of such statute, code, ordinance, or regulation violation, the city manager or his/her designee, shall promptly notify the permittee of the violation and shall allow the permittee a seven-day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven-day period, the city manager or his/her designee, shall forthwith suspend the permit and shall notify the permittee of the suspension.

vi.

Engaged in a permit transfer contrary any section of this Code. In this event that the Administrator suspends a permit on the grounds that a permittee, the Administrator shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this article has been satisfied.

vii.

Operated the sexually-oriented business in violation of the hours of operation.

viii.

Knowingly employs a person who does not have a valid permit.

b.

The suspension shall remain in effect until the violation of the statute, code, ordinance, or regulation in question has been corrected.

2.

Revocation:

a.

The Administrator shall revoke a permit if a cause of Suspension occurs and the permit has been suspended within the preceding 12 months.

b.

The Administrator shall revoke a permit if he/she determines that:

i.

A permittee gave false or misleading information in the material submitted to the codes enforcement division during the application process.

ii.

A permittee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises.

iii.

A permittee or an employee has knowingly allowed prostitution on the premises.

iv.

A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended.

v.

A permittee has been convicted of a "specified criminal act" for which the time period required in the Code of Ordinances of the City of Beaufort has not elapsed.

vi.

On two or more occasions within a twelve-month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit.

vii.

A permittee has been operating more than one sexually oriented business under a single roof.

viii.

A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct to occur in or on the permitted premises.

ix.

A permittee is delinquent in payment to the county or state for any taxes for fees past due.

c.

When the Administrator revokes a permit, the revocation shall continue for one year, and the permittee and/or licensee shall not be issued a sexually oriented permit for one year from the date revocation became effective. If, subsequent to revocation the Administrator finds that the basis for the revocation has been corrected or abated, the applicant may be granted a permit if at least 90 days have elapsed since the date the revocation became effective.

3.

Additional Criminal Prohibitions for the Operation of a Sexually Oriented Business Without a Valid Permit:

a.

In addition to the criminal provisions found at other sections of this article, the following additional criminal provisions shall also apply to sexually oriented business.

b.

It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this article, and said person knows or should know that:

i.

the business does not have a sexually oriented business permit under this article for any applicable classification

ii.

The business has a permit which is under suspension.

iii.

The business has a permit which has been revoked.

iv.

The business has a permit which has expired.

4.

Exemptions:

a.

It is a defense to prosecution under this section that a person appearing in a state of nudity did so in a modeling or dance class or dance troupe operated or wholly sponsored:

i.

By a proprietary school, licensed by the state of South Carolina, a college, junior college, or university supported entirely or partly by taxation.

ii.

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

iii.

In a structure:

a)

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

b)

Where, in order to participate in a class a student must enroll at least three days in advance of the class; and

c)

Where no more than one nude model is on the premises at any one time.

b.

It is a defense to prosecution for a violation of this article that an employee of a sexually oriented business, regardless of whether or not [sic] is permitted under this article, exposed any specified anatomical area during the employee's bona fide use of a restroom, or during the employee's bona fide use of a dressing room which is accessible only to employees.

5.

Criminal Penalties and Additional Legal, Equitable and Injunctive Relief:

a.

A person who operates or causes to be operated a sexually oriented business without a valid permit and/or license or in violation of this Code is subject to a suit for injunction as well as prosecution for criminal penalties. Such violations shall be punishable by a fine not to exceed the maximum penalty allowed by state law and/or 30 days imprisonment, or both, at the discretion of the court for each violation.

b.

In addition to whatever penalties are applicable under the South Carolina Penal Code, if any person fails or refuses to obey or comply with or violates any of the criminal provisions of this article, such person upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed the maximum penalty allowed by state law and/or by imprisonment not to exceed 30 days in jail, or both, at the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense.

c.

Nothing herein contained shall prevent or restrict the City from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but not be limited to, an equitable action for injunctive relief or an action at law for damages.

d.

Further, nothing in this section shall be construed to prohibit the City from prosecuting any violation of this article by means of the City's Code Enforcement Office.

e.

All remedies and penalties provided for in this section shall be cumulative and independently available to the City and the City shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law.

L.

Specific Definitions:

Adult Arcade. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

Adult Bookstore, or Adult Video Store. A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: (1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas;" (2) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others; or (3) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities." A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas." An establishment will not be considered an adult bookstore or adult video store if the establishment demonstrates that the items of adult material offered for sale or rental comprise less than 10 percent of the inventory of stock used in trade and/or publicly displayed in the establishment and which are not accessible to minors.

Adult Cabaret. A nightclub, bar, restaurant, "bottle club", or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: (1) Persons who appear in a state of nudity or seminudity; (2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;" or (3) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult Car Wash. A car wash where some or all of the employees are seminude or nude and/or where "specified anatomical areas" are exhibited.

Adult Health Club or Adult Bath House. A health club or bath house where some or all of the employees are nude or seminude, or in which "specified anatomical areas" are exhibited.

Adult Motel. A hotel, motel or similar commercial establishment which: (1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;" and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; (2) Offers a sleeping room for rent for a period of time that is less than 10 hours; or (3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.

Adult Motion Picture Theater. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult Theater. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

Escort. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency. A person or business association who furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

Massage Parlor. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with "specified sexual activities," or where any person providing such treatment, manipulation, or service related thereto, exposes his or her "specified anatomical areas." The definition of sexually oriented business shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional, or professional athlete or athletic team or school athletic program.

Nude Model Studio. Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

Nudity or State of Nudity. A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.

Seminude. A state of dress in which in which clothing covers no more than the genitals, pubic regions, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.

Sexual Encounter Establishment. A business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one or more of the persons is in a state of nudity or seminude. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

Specified Anatomical Areas. Specified anatomical areas as used in this ordinance means and includes any of the following: (1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or (2) Human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified Sexual Activities. Specified sexual activities means and includes any of the following: (1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (3) Masturbation, actual or simulated; (4) Human genitals in a state of sexual stimulation, arousal, or tumescence; or (5) Excretory functions as part of or in connection with any of the activities set forth above.