This chapter shall be known and may be cited as "The Beaufort Development Code" and shall hereafter be referred to as the "Code."

The development regulations contained in this chapter have been adopted pursuant to the authority conferred by S.C. Code 1976 § 6-29-710, as amended. Under the authority granted by S.C. Code 1976 tit. 6, ch. 7, the City Council of the City of Beaufort ordains and enacts into the law this Code.

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of this Code refers to or cites a section of the South Carolina Code of Laws, and that section is later amended or superseded, this Code shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

In accordance with S.C. Code § 6-29-710, this Code is adopted for the general purposes of guiding development in accordance with existing and future needs and promoting the public health, safety, convenience, order, appearance, prosperity, and general welfare. To these ends, this Code is adopted with reasonable consideration of the following purposes, where applicable:

A.

To provide for adequate light, air, and open space.

B.

To facilitate the creation of a convenient, attractive, and harmonious community..

C.

To protect and preserve scenic, historic, or ecologically sensitive areas

D.

To facilitate the adequate provision or availability of transportation, police and fire protection, water, sewage, schools, parks, and other recreational facilities, affordable housing, disaster evacuation, and other public services and requirements.

E.

To secure safety from fire, flood, and other dangers.

F.

To further the public welfare in any other regard specified by a local governing body.

The regulations in this Code, including all supplements and attachments hereto, have been adopted in accordance with the Vision Beaufort 2020 Comprehensive Plan and the Beaufort Civic Master Plan. In accordance with those plans, the City and its citizens envision a City with:

•

Welcoming atmosphere to all people.

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Common community vision.

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Beautiful, stable, diverse neighborhoods.

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Sustainable economic base with a streamlined process for economic development.

•

Preservation of unique architectural and historic resources balanced with sensitive infill and investment in our historic core.

•

Predictable development process for citizens and developers alike.

•

Natural resources that balance protection with public access and enjoyment.

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Attractive and vital community gateways and corridors.

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Transportation options and convenient access to services and destinations.

To help achieve this vision, we will build upon and protect our assets and strengths:

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Natural beauty and open spaces.

•

Unique community design and historic character.

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Access to local goods, services, and cultural amenities.

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The presence of military, hospital, and higher education institutions.

•

Community interaction and small community feel.

This Code shall govern all parcels of land lying within the corporate limits of the City of Beaufort that are not otherwise exempt under state or federal statute.

A.

General: No land or structure shall hereinafter be used or occupied, and no structure or parts thereof shall hereafter be constructed, erected, altered, or moved, unless in conformity with all of the regulations herein. See Article 11 (Nonconformities) for information about non-conforming uses or structures.

B.

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

1.

Use of Structure or Land: The establishment, re-establishment, or change in use of a structure or land, whether temporary or permanent.

2.

Construction, Reconstruction, or Alteration: A building operation involving construction, reconstruction, or alteration of the size of a structure.

3.

Increase in Land Use Intensity: An increase in the intensity of land use, such as an increase in the number or size of nonresidential or residential uses in a structure or on land, or in the number of parking spaces or amount of impervious surface coverage.

4.

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

5.

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

6.

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

7.

Subdivision: The division of land within the City into two or more lots, parcels, or pieces, except as otherwise provided for in this Code.

8.

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

C.

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

1.

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

2.

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

3.

Leases.

4.

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

5.

Legal exhibits and documents.

6.

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

7.

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

8.

Underbrushing, or bushhogging that does not involve removal of trees that require a permit for removal.

A.

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

B.

Conflict with Covenants:

1.

The City does not enforce private covenants; however, the City may require approval from formalized neighborhood associations before projects are approved. When there is a dispute as to the interpretation of covenants, the City reserves the right to issue permits that are otherwise in compliance with this Code. Whenever the requirements of formally adopted covenants impose stricter standards than the provisions of this Code, the covenants shall govern. However, in case of a conflict in which this Code is stricter than the covenants, this Code shall govern.

2.

Per S.C. Code § 6-29-1145(B), the City shall not issue a permit if the request or activity is expressly prohibited in recorded covenants.

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

A.

If an application for a Project Permit or Design Review is accepted as complete before the effective date of this chapter or any amendment thereto, but is still pending final action as of that date, the application shall be reviewed and decided, at the applicant's option, wholly in accordance with the development standards in effect when the application was accepted, or wholly in accordance with the standards put into effect by this Code (but not in accordance with a mix of provisions from both sets of standards).

B.

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

C.

To the extent a pending application is approved in accordance with the prior standards and proposes development that does not comply with this Code, the subsequent development, although allowed, shall be nonconforming and subject to the provisions of Article 11 (Nonconformities).

Any application that has received approval for a PUD district and/or development agreement after 1990 and before the effective date of this Code, or any amendment thereto, may be carried out in accordance with the master plan for the PUD and its terms and conditions of approval, and the terms and conditions of the development agreement, provided the PUD and development agreement do not expire and otherwise remain valid. If the PUD approval and/or development agreement expires, is revoked (e.g., for failure to comply with time limits or the terms and conditions of approval), or otherwise becomes invalid, any subsequent development of the site shall be subject to the procedures and standards of this Code.

A.

Any other development that has received approval of a development permit or approval of a portion of a development — including any required Traffic Impact Analysis and/or Archaeology Survey — before the effective date of this chapter or any amendment thereto may be carried out in accordance with the terms and conditions of the development permit or approval and the procedures and standards in effect at the time of approval, provided the permit or approval does not expire and otherwise remains valid. If significant changes are made to the development, associated studies and surveys required as part of the development process shall be redone. If the development permit or approval expires, is revoked (e.g., for failure to comply with time limits or the terms and conditions), or otherwise becomes invalid, any subsequent development of the site shall be subject to the procedures and standards of this Code.

B.

To the extent a prior approval authorizes development that does not comply with this Code, the subsequent development, although allowed, shall be nonconforming and subject to the provisions of Article 11 (Nonconformities).

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