As Beaufort County's local population grows and development density increases in designated areas, it is the purpose of this Division to safeguard the County's natural sense of place and character through the preservation, protection and enhancement of the existing, natural and planted landscapes:

A.

Aesthetics and Walkability. These Landscaping Standards should enhance the aesthetic condition in our communities, along our thoroughfares, and in our public spaces by:

1.

Using landscape material to visually define the hierarchy of roadways, and to provide shade and a visual edge along roadways;

2.

Coordinating the public frontage with the private frontage;

3.

Preserving and protecting the aesthetic qualities that contribute to the County's unique character and the economy that such qualities attract;

4.

Providing visual screening, where appropriate; and

5.

Reducing visual pollution from the built environment and increasing privacy between incompatible uses.

B.

Health and Safety. These Standards should enhance the health, safety, and quality of life in our communities, along our thoroughfares, and in our public and private spaces by promoting the application of trees and landscaping to:

1.

Improve air quality;

2.

Mitigate audible noise from automobiles and land uses;

3.

Provide seasonal shade and temperature regulation;

4.

Limit glare created by exterior lighting;

5.

Provide a partial barrier between sidewalks and vehicular lanes; and

6.

Ensure the protection of residents and visitors from personal injury and property damage and protection of the County from property damage caused or threatened by the improper planting, maintenance, or removal of trees, shrubs, or other plants.

C.

Environment and Energy. These Landscaping Standards should provide ecological benefits at the regional, community, and lot level by:

1.

Conservation of energy used in buildings through strategic shading and wind breaks;

2.

Interception of precipitation by vegetative canopies;

3.

Preserving and protecting the water table and surface waters;

4.

Increasing the tree canopy to provide shade and moderate the effect of heat islands;

5.

Mitigating against erosion and sedimentation;

6.

Reducing stormwater runoff and the costs associated therewith; and

7.

Restoring soils and land disrupted as a result of construction or grading.

A.

Review for Compliance. Review for compliance with the standards of this Division shall occur during review of any of the following applications:

1.

Land Development Plan (Major and Minor). See Section 7.2.60 (Land Development Plan);

2.

Special Use Permit. See Section 7.2.130 (Special Use Permit);

3.

Subdivision (Major and Minor). See Section 7.2.70 (Subdivision); or

4.

Certificate of Design Compliance, if the development is located outside a transect zone district. See Section 7.2.110 (Certificate of Design Compliance).

B.

Requirements for Single-Family Residential and Duplex Lots. New single-family residential and duplex lots that are 10,800 square feet or less shall require the planting or preservation of at least two overstory trees in all districts except T4. In the T4 districts, at least one overstory tree is required.

C.

Landscape Plan Required. To ensure compliance with the standards of this Section, a landscape plan demonstrating how existing and proposed landscaping and tree protection complies with the requirements of this Section on a development site shall be included as a part of any application listed in Subsection A above.

D.

Landscape Plan Modulation.

1.

Criteria. Modulation of the Landscape Plan may be approved by the Director if it is determined that a deviation from the landscaping standards in this Section is justified because of site or development conditions that make compliance with such standards impossible or impractical. Such conditions include:

a.

Natural conditions, such as rivers, streams, wetlands, or other topography;

b.

The likelihood that landscaping material would be ineffective at maturity due to topography, placement, or other existing site conditions;

c.

Lot size or configuration;

d.

The presence of utilities, public easements or rights of way;

e.

The potential for interference with public safety; and

f.

Any other situation in which the Director determines that strict adherence to the standards of this Division is inconsistent with the Purpose and Intent of this Division, and/or inconsistent with the goals of the Comprehensive Plan.

2.

Permitted Modulation. Allowable modulation from the standards of this Division shall be determined by the Director. These include, but are not limited to:

a.

An adjustment to planting locations, and/or

b.

A reduction in the type or total number of required caliper inches, and/or

c.

A reduction in the count, spacing, or species diversity standards.

(Ord. No. 2015/32, § 1, 11-9-15; Ord. No. 2017/23, 8-28-17)

New plantings provided in accordance with this Division shall comply with the following standards:

A.

General.

1.

Plant Types. Plantings are grouped into six types: Overstory trees, understory trees, evergreens, shrubs, grasses, and ground cover.

2.

Document Existing Vegetation. Type, size, and limits of existing vegetation shall be identified on the landscape plan.

3.

Definitions. The following definitions shall apply when determining both the size and number of plantings necessary to fulfill the requirements of this Division:

a.

ACI or Aggregate Caliper Inches - A measure of the total combined number of inches of existing and proposed trees used to meet landscaping requirements.

b.

Caliper - Diameter of the trunk measured six inches above the ground for trees up to and including four-inch diameter, and measured 12 inches above the ground for larger trees. This measurement is used for proposed or nursery-grown trees.

c.

DBH or Diameter at Breast Height - The diameter (in inches) of the trunk of a tree (or, for multiple trunk trees, the aggregate diameters of the multiple trunks) measured 4 ½ feet from the existing grade at the base of the tree. This measurement is used for existing trees.

B.

Existing Landscape Preservation.

1.

Preservation of existing trees and vegetation is the preferred means of landscaping.

2.

No vegetation may be removed from required buffers without approval of a re-vegetation plan unless dead, diseased, or listed as an invasive species in Table 5.11.100.C of this ordinance.

3.

In order to provide appropriate screening, buffering, wildlife habitat, and/or linkages to wildlife habitat, priority shall be given to preserving and protecting:

a.

Healthy specimen trees.

b.

Masses of smaller, healthy trees.

c.

Understory vegetation and trees in open spaces and natural resources areas.

C.

Minimum Plant Size at Time of Planting.

1.

Overstory Trees. At the time of planting, overstory trees shall have a caliper of at least two and one half inches, as determined in the American Standard for Nursery Stock, ANSI Z60.1-2004, as amended.

2.

Understory Trees. At the time of planting, understory trees shall have a caliper of at least one and one-half inches as determined in the American Standard for Nursery Stock, ANSI Z60.1-2004, as amended.

3.

Large Shrubs. Large deciduous or evergreen shrubs shall meet the minimum standards of a seven (7) gallon nursery container as required by the American Standard for Nursery Stock standards.

4.

Small Shrubs. Small deciduous and evergreen shrubs shall meet the minimum standards of a three (3) gallon nursery container as required by the American Standard for Nursery Stock standards.

5.

Grasses. Grasses shall meet the minimum standards of a three (3)-gallon nursery container as required by the American Standard for Nursery Stock standards.

6.

Groundcovers. Groundcovers shall meet the minimum standards of a one (1) gallon nursery container as required by the American Standard for Nursery Stock standards.

7.

Where an Aggregate Caliper Inch (ACI) requirement is utilized to derive the required amount of landscaping or tree cover, and the ACI figure includes a fraction, the applicant may:

a.

Utilize a tree or trees with a caliper inch measurement exceeding the minimum size at planting standard to meet the required ACI.

b.

Round the ACI figure upwards until the figure corresponds with a whole number of trees meeting the minimum size at time of planting standard.

D.

Plant Materials.

1.

All landscape plant materials shall conform to the latest version of the American Standard of Nursery Stock (ANSI Z60.1, as amended).

2.

The use of indigenous, drought tolerant vegetation shall be encouraged and utilized whenever practicable.

E.

Plant Location.

1.

Utility and Easement Plantings. Without the consent of the utility provider, easement holder, or Beaufort County, nothing but groundcover may be planted or installed within any underground or overhead utility, drainage, or gas easement, or within three feet of a fire protection system. Should the necessary parties consent , an agreed upon Landscaping Plan may be enacted in which understory trees, shrubs, grasses and ground covers are installed in a manner that supports the Purpose and Intent of this Division.

a.

Power lines. No street or overstory trees shall be planted if, upon maturation, the height and spread of the tree will encroach within five feet of the utility line.

b.

Sewer, Gas, and Water Lines. Tree species whose roots are known to cause damage to sewer, gas, and water lines shall not be planted closer than 12 feet to such public utilities unless the tree root system is completely contained with a barrier or is otherwise approved by the utility provider or Director.

c.

Fire Hydrants. No planting except ground cover less than six inches in height shall be installed within three feet of any fire hydrant or fire protection system.

2.

Trees.

a.

All planted trees shall maintain a minimum distance of four feet from the curb, sidewalk, and impervious pavement; except for:

(1)

Street Trees planted in a tree well or continuous planter, which may be sited a minimum distance of three feet from walkways, curbing, and other impervious pavements.

(2)

Street trees planted in a continuous swale, which may be sited a minimum distance of four feet from walkways, curbing, and other impervious pavements.

b.

Permitted street-tree species can be found in Article 2.9 (Thoroughfare Standards), Table 2.9.80.G (Public Planting).

c.

Tree spacing and arrangement for the thoroughfare planter and center median can be found in Article 2.9 (Thoroughfare Standards), Table 2.9.80.E (Public Frontage Types), and Table 2.9.80.F (Public Frontage Standards).

(1)

Tree spacing and arrangement in the planter and center median shall be coordinated with the appropriate agency.

(2)

If a thoroughfare calls for a planter and median that consists of "naturalistic clusters" of trees (as opposed to a "regularly spaced allee" of trees), then groundcover and shrubs shall be installed in the center median as part of the clustered arrangement; ideally providing for a semi-continuous planting of at least 50 percent. The remaining 50% may be groundcover, shrubs and/or turf grass.

d.

All trees shall be planted such that, upon maturation, maximum height and spread shall not encroach within five feet of overhead power lines, street lights, or similar public infrastructure.

F.

Plant Diversity. In order to remain contextual with the natural and built environment, prevent tree monocultures, and curtail the spread of disease or insect infestation in a plant species, new tree plantings shall comply with the following standards in Table 5.8.30.F (Tree Diversity Standards) below.

G.

Ground Stabilization. Disturbed areas and required landscape planting areas shall be stabilized and maintained with lawn, ground covers, mulches, or other approved materials to prevent soil erosion and allow rainwater infiltration.

H.

Berms. Berms shall not serve as an alternative to landscape and are generally discouraged. However, there may be cases where berms are appropriate in order to screen adjacent areas of negative visual, auditory, or hazardous impact. In such cases, berms shall comply with the following:

1.

Berms shall have a slope not exceeding a horizontal to vertical ratio of two to one, a top width at least one-half the berm height, and a height at least eight feet above the toe of the berm.

2.

All berms, regardless of size, shall be stabilized with overstory trees, understory trees and shrubs. In additional to these plants, ground cover and grasses may be utilized.

3.

Berms proposed to be placed along street rights-of-way shall be designed and constructed to provide adequate sight distances at intersections and shall not impair safe operation of vehicles.

4.

In no case shall berms damage the roots or trunks of existing healthy vegetation designated to be preserved, as determined by an arborist.

I.

Stormwater Integration. These provisions are intended to encourage low impact stormwater tools used for the channeling, storage, and filtration of water (See Division 5.12 ( Stormwater Standards)) to be located and configured as landscaping amenities within a development site, while also contributing to required Civic and Open Space set-aside requirements (See Article 2.8 (Civic and Open Space Types)).

1.

Irrigation ponds, stormwater detention ponds, and stormwater retention ponds shall be integrated landscape features rather than single-purpose flood control and stormwater management ponds.

2.

Irrigation, stormwater detention, and stormwater retention ponds are considered to be a site amenity when they:

a.

Are integrated with the design and location of other site features, as opposed to being isolated in a peripheral location;

b.

Avoid the use of fencing;

c.

Include shrubs, native grasses, groundcovers and trees as a minimum coverage of 50% of the stormwater feature's slopes and a minimum ten (10) foot area from the top of slope to the landward side of the feature. Plants in basin areas prone to submersion shall be hydrophilic. Adjacent areas may be vegetated with turf grass;

d.

Provide pedestrian access such as pathways and seating to and around the facility, where practicable;

e.

Maintain gentle slopes of 3:1 or less in the area around the facility;

f.

Are configured to avoid sharp drop-offs within three feet of the average water line.

3.

Rain gardens and bioswales. Rain gardens and bioswales may be installed to infiltrate runoff from parking lots, streets, civic spaces and other impervious surfaces.

a.

In order for a rain garden or bioswale to count as an open space set-aside the site must comply with the requirements established in Section 2.8.60 (Ownership of Set-Asides) and Section 2.8.70 (Maintenance of Set-Asides).

b.

A rain garden or bioswale that is integrated into, or part of, a larger storm water system shall adhere to the standards of Division 5.12 (Stormwater Standards).

4.

Roof Garden/Green Roof. A roof garden/green roof is a specific type of community garden in which buildings are equipped with roofs of shallow four-inch soils and drought tolerant plants. Buildings approved for intensive roof gardens may hold soils deeper than four inches and larger plants and trees.

a.

In order for a roof garden to count as an open space set-aside the site must be accessible to all occupants of the building and comply with the requirements established in Article 2.8, including Section 2.8.60 (Ownership of Set-Asides) and Section 2.8.70 (Maintenance of Set-Asides).

b.

A roof garden/green roof that is integrated into, or part of, a larger stormwater system shall adhere to the standards of Division 5.12 (Stormwater Standards).

5.

Cisterns. Cisterns may be used to capture and re-circulate stormwater from buildings.

(Ord. No. 2015/32, § 1, 11-9-15)

A.

Overview. Table 5.8.40.A below provides an overview of landscaping requirements within transect zones and conventional zones.

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Table 5.8.50: Thoroughfare Buffer

 

(Ord. No. 2015/32, § 1, 11-9-15; Ord. No. 2017/20, 6-26-17)

A.

Purpose. Perimeter Buffer standards are primarily intended to mitigate potential negative effects of contiguous uses in different zones.

B.

Applicability. Development within Conventional Zones, Community Preservation Districts (Appendix A) and T2 Rural shall provide a perimeter buffer in accordance with Table 5.8.90.D (Perimeter Buffer Types), and Table 5.8.90.F (Perimeter Buffer Type Application).

C.

Plantings. Perimeter Buffers shall be comprised of native shrubs and trees only.

D.

Types of Perimeter Buffers. Table 5.8.90.D (Perimeter Buffer Types) describes five different types of buffers in terms of their function, opacity, width, and planting requirements. Where a particular perimeter buffer type is required in Table 5.8.90.F (Perimeter Buffer Type Application), the requirement may be met with the combination of minimum buffer width and minimum screening requirements specified under either Option 1 or Option 2. The option used shall be designated on the land development plan or subdivision for the development, as appropriate. Where an option utilizing a berm or fence is selected, the berm or fence shall comply with the standards of Subsection 5.8.30.H (Berms), or Division 5.4 (Fences and Walls), as appropriate.

E.

Integration of Conventional Communities. Single-Family Oriented Communities, Multi-family Oriented Communities, and Commercial Oriented Communities are encouraged to engage and integrate with surrounding development whenever practicable. Perimeter buffer requirements may be waived in cases where proposed lots and/or perimeter buildings will front outward onto (or toward) an existing public or private street.

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Type A: Basic
Description
This perimeter buffer functions as a basic edge demarcating individual properties with a slight visual obstruction from the ground to a height of ten (10) feet.
Width 1,2
Minimum Buffer Width	10 feet
Plant Requirements (per 100 linear feet)
Overstory Trees	2 ACI minimum
Understory Trees 3	10 ACI minimum
Shrubs	15 shrubs minimum
Type B: Aesthetic
Description
This perimeter buffer functions as an intermittent visual obstruction from the ground to a height of at least twenty feet, and creates the impression of spatial separation without eliminating visual contact between uses.
Option 1
Width 1,2
Minimum Buffer Width	20 feet
Plant Requirements (per 100 linear feet)
Overstory Trees	8 ACI minimum
Understory Trees 3	10 ACI minimum
Shrubs	15 shrubs minimum
Option 2
Width 1,2
Minimum Buffer Width	10 Feet
Plant Requirements (per 100 linear feet)
Overstory Trees	2 ACI minimum
Understory Trees 3	14 ACI minimum
Shrubs	35 shrubs minimum

 

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Type C: Semi-Opaque
Description
This perimeter buffer functions as a semi-opaque screen from the ground to at least a height of six feet.
Option 1
Width 1,2
Minimum Buffer Width	20 Feet
Plant Requirements (per 100 linear feet)
Overstory Trees	12 ACI minimum
Understory Trees 3	14 ACI minimum
Shrubs	25 shrubs minimum
Option 2
Width 1,2
Minimum Buffer Width	10 Feet
Plant Requirements (per 100 linear feet)
Overstory Trees	2 ACI minimum
Understory Trees 3	16 ACI minimum
Shrubs	not required
Additional Requirements
One 4-foot high berm or one 4-foot high solid fence.
Berms shall comply with the standards in Subsection 5.8.30.H (Berms), and fences shall comply with the standards in Division 5.4 (Fences and Walls).
Type D: Opaque
Description
This perimeter buffer functions as an opaque screen from the ground to a height of at least six feet. This type of buffer prevents visual contact between uses and creates a strong impression of total separation.
Option 1
Width 1,2
Minimum Buffer Width	20 feet
Plant Requirements (per 100 linear feet)
Overstory Trees	18 ACI minimum
Understory Trees 3	20 ACI minimum
Shrubs	55 shrubs minimum
Option 2
Width
Minimum Buffer Width	10 feet
Plant Requirements (per 100 linear feet)
Overstory Trees	12 ACI minimum
Understory Trees 3	not required
Shrubs	not required
Additional Requirements
One 6-foot high solid fence.
Fences shall comply with the standards in Division 5.4 (Fences and Walls).

 

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Type E: Significant
Description
This perimeter buffer functions as a significant fully-opaque separation from the ground to a height of at least eight feet. This type of buffer prevents visual and auditory contact between incompatible uses and creates complete separation.
Width 1
Buffer Width	50 Feet
Plant Requirements (per 100 linear feet)
Overstory Trees	24 ACI minimum
Understory Trees 3	30 ACI minimum
Shrubs	55 shrubs minimum
Additional Requirements
Existing trees and vegetation may not be removed unless dead, diseased, or listed as an invasive species for the Beaufort County area by the South Carolina Department of Natural Resources or in Table 5.11.100.C of this ordinance.
Notes
1 Any required perimeter buffer can be reduced to five feet with the provision of a solid masonry wall at least five feet in height, along with ten large shrubs per 100 linear feet.
2 Perimeter buffer widths (but not vegetation amounts) for perimeter buffer types A, B, C, and D may be reduced in accordance with Section 7.2.30 (Modulation Permit).
3 Where and adjacent use is designed for solar access, understory trees can be substituted for canopy trees.

 

F.

Perimeter Buffer Type Application. Table 5.8.90.F (Perimeter Buffer Type Application) specifies the type of perimeter buffer that is required between a proposed development and adjacent property, based on the proposed use type on the development site and the existing use type on the abutting property or the zone district in which abutting vacant property is located. The perimeter buffer standards do not apply in the transect zones, except for T2 Rural. The buffer type is indicated by a letter corresponding to one of the four buffer types depicted in Table 5.8.90.D (Perimeter Buffer Types).

G.

Development Abutting Existing Perimeter Buffer. Where a developing parcel abuts an existing use and application of a perimeter buffer is required by Table 5.8.90.D (Perimeter Buffer Types), the developing parcel shall provide the entire minimum perimeter buffer width and screening required by Table 5.8.90.D (Perimeter Buffer Types), unless a portion or all of a perimeter buffer that complies with the standards of this Section already exists between the parcels. Where such an existing perimeter buffer does not fully comply with the width and screening standards for the required perimeter buffer type, the developing parcel shall be responsible for providing all the additional perimeter buffer width and planting material necessary to meet the standards of this Section.

H.

Location of Perimeter Buffer. Perimeter buffers required by this Section shall be located along the outer perimeter of the parcel and shall extend to the parcel boundary line or right-of-way line; however, the perimeter buffer may be located along shared access easements between parcels in nonresidential development.

I.

Development within Required Perimeter Buffers.

1.

The required perimeter buffer shall not contain any development, impervious surfaces, or site features (except fences or walls) that do not function to meet the standards of this Section unless otherwise permitted in this Development Code.

2.

No vegetation or tree removal, or other construction activities shall occur within perimeter buffers.

3.

Sidewalks, trails, and other elements associated with passive recreation may be placed in perimeter buffers with approval by the Director if all required landscaping is provided and damage to existing vegetation is minimized, to the maximum extent practicable.

4.

Overhead and underground utilities required or allowed by the County are not permitted in perimeter buffers except where they are perpendicular to the perimeter buffer.

J.

Natural Vegetation. Perimeter buffers shall be maintained in their naturally vegetated condition to the maximum extent practicable, while complying with the standards of this Section. Species identified as invasive shall be removed and the perimeter buffers maintained so as to prevent their reestablishment.

K.

Sight Triangles. No fencing, berms, walls, or other landscape features may exceed a height of three feet above grade within required sight triangles for streets, alleys, or driveways.

L.

Credit for Existing Vegetation. Existing vegetation located within the perimeter buffer area that meets the size standards of Section 5.8.30 (General Landscape Design Applicable to All Zones), may be preserved and credited toward the perimeter buffer standards.

M.

Protection of Perimeter Buffers During Construction. Prior to commencing underbrushing, clearing work or any site alterations, a conspicuous four-foot high barrier to prevent encroachment by people, materials, and vehicles shall be erected around all required perimeter buffers and shall remain in place until the Certificate of Compliance is issued, except where additional landscaping, walls or fences are installed in accordance with this Section.

(Ord. No. 2016/18, 6-27-16)

A.

General Requirements. In addition to the other forms of required landscaping, screening shall be required to conceal specific areas of high visual or auditory impact or hazardous areas from off-site views. Such areas shall be screened at all times, unless otherwise specified, regardless of adjacent uses, zones, or other proximate landscaping material.

B.

Items to be Screened. The following areas shall be screened in accordance with this Section:

1.

Large waste receptacles (e.g., dumpsters and cardboard recycling containers) and refuse collection areas;

2.

Loading and service areas to the extent practicable;

3.

Outdoor storage areas (including, but not limited to, inoperable vehicles, appliances, tires, manufactured homes, building materials, equipment, raw materials, and aboveground storage tanks) located within 200 feet of a public right-of-way;

4.

Exterior shopping cart storage areas located adjacent to single-family development; and

5.

Ground-level mechanical equipment and utility meters.

C.

Screening Methods.

1.

The following items are permitted for use as screening materials, and more than one method may be used on a development site.

a.

Vegetative materials that provide a fully opaque screen to the minimum height necessary to fully screen the facility from off-site views; or

b.

An opaque fence or wall consistent with the standards in Division 5.4 (Fences and Walls).

2.

Alternative screening materials that are not listed, or alternative configurations, may be proposed as part of a landscape plan modulation, see Section 5.8.20.D (Landscape Plan Modulation), if the alternative materials or configuration provide an equivalent or superior screening function.

D.

Configuration of Vegetative Materials. Where vegetative materials are used for screening a site feature in accordance with this Section, the vegetative materials shall:

1.

Be planted around the perimeter of the site feature in a manner that screens it from all off-site views;

2.

Be configured in two staggered rows or other arrangement that provides maximum screening;

3.

Consist of upright, large, evergreen shrubs capable of reaching at least six feet in height within three years of planting; and

4.

Be spaced no farther than three feet on-center.

E.

Large Waste Receptacles and Refuse Collection Areas. Except for facilities serving individual single-family detached dwellings, two-family dwellings, manufactured homes, and temporary waste receptacles that do not generate any waste, all large waste receptacles and refuse collection areas shall be subject to the following standards.

1.

Depicted on Land Development Plan and Plan Submitted with Building Permit. The location and configuration of screening for large waste receptacles and refuse collection areas shall be depicted on all land development plans and on a plan submitted with an application for a building permit.

2.

Screening Configuration. Where access to large waste receptacles and refuse collection areas faces a public right-of-way, the access way shall be screened with an opaque gate. Chain link shall not be used for such gates.

A.

Time for Installation of Required Landscaping.

1.

Time Limit. All required landscaping shall be installed in accordance with the required planting standards set forth in this Section before issuance of a Certificate of Occupancy unless the Director grants an extension to this time limit in accordance with Subsection 2, below.

2.

Extension.

a.

The Director may, for good cause shown, grant an extension to the above time limit, allowing a developer/owner to delay the installation of required landscaping. Circumstances that may warrant an extension include, but are not limited to, the following:

(1)

Unusual environmental conditions, such as drought, cold weather, hurricanes, or over-saturated soil (deep mud);

(2)

The inappropriateness of the current season for planting the approved plant species;

(3)

Evidence that the approved plant species or required plant sizes are not commercially available and cannot be substituted within a reasonable time despite an applicant's diligent effort to secure the required materials; or

(4)

Completion of utility work occurring in a proposed landscaped area that is incomplete or delayed.

b.

No extension to the time limit shall be granted unless a performance guarantee in accordance with the requirements in Subsection 5.8.110.C.5 (Performance Guarantees) is in place to ensure that all landscaping standards will be met at a pre-determined later date.

B.

Maintenance of Landscaping Materials. The owner shall be responsible for the maintenance of all landscape areas not in the public right-of-way. Such areas shall be maintained in accordance with the approved landscape plan or alternative landscape plan and shall present a healthy and orderly appearance free from refuse and debris. All plant life shown on an approved landscape plan or alternative landscape plan shall be replaced if it dies, is seriously damaged, or is removed.

1.

Damage Due to Natural Occurrence. If any vegetation or physical element functioning to meet the standards of this Section is severely damaged due to an unusual weather occurrence, natural catastrophe, or other natural occurrence such as damage by wild or domestic animals, the owner or developer may be required to replant or replace the vegetation or element if the landscaping standards are not being met. The owner shall have one growing season to replace or replant. In determining the extent of replanting or replacement required, the Director shall consider the type and location of the landscape buffer or required vegetation area as well as the propensity for natural re-vegetation.

2.

Protection during Operations. The owner or developer shall take actions to protect trees and landscaping from unnecessary damage during all facility and site maintenance operations. Plants shall be maintained in a way that does not obstruct sight distances at roadway and driveway intersections, obstruct traffic signs or devices, or interfere with the use of bikeways, sidewalks, or pedestrian trails.

3.

Natural Death. The natural death of existing vegetation within any required landscape area does not necessarily constitute a violation and does not require re-vegetation to replace the plant material unless the required landscape area no longer complies with the required standards of this Section. In no instance shall this provision be construed to prevent re-planting if, in the opinion of the Director, the required performance standard of the landscaping is not being met.

4.

Performance Guarantee. All landscaping shall be subject to a two-year survival bond in the form of an irrevocable letter of credit, surety, or cash equal to 120% of the landscaping cost that ensures proper replacement and maintenance.

5.

Irrigation. Temporary spray irrigation systems may be used to establish seeded and/or planted areas.

C.

Monitoring of Compliance with Landscaping Standards.

1.

Inspections before Certificate of Occupancy. The Director shall inspect a development site before issuance of a Certificate of Occupancy for the development and such certificate shall not be issued if the landscaping required under this Section is not living or healthy or is not installed in accordance with the approved landscape plan or alternative landscape plan, or the provisions in Subsection 5.8.110.B.2 (Extension).

2.

Additional Inspections. The Director or designee may inspect a development site during the second growing season following the installation of required landscaping to ensure compliance with the approved landscape plan or alternative landscape plan, and to ensure that the landscaping is properly maintained. Failure to maintain required landscaping (trees and shrubs) in accordance with the standards of this Section shall constitute a violation of this Development Code.

(Ord. No. 2017/20, 6-26-17)

This Division sets forth the standards applicable to the development of each building type. These standards supplement the standards for each zone that the building types are allowed within. They are intended to ensure development that reinforces the highly valued existing character and scale of Beaufort County's towns, hamlets, and neighborhoods.

A.

The requirements of this Division shall apply to all proposed development within the transect zones with the exception of T1 Natural Preserve, T2 Rural, T2 Rural-Low, and T2 Rural Neighborhood. These requirements shall be considered in combination with the standards for the applicable zone in Article 3 (Specific to Zones) and in the rest of this Article.

B.

Civic buildings located in larger parks and open spaces including, but not limited to, community centers, meeting rooms, public safety facilities, houses of worship, and schools, shall not be subject to the building type standards found in this Division but shall be subject to the physical requirements of the building form standards in Division 3.2 (Transect Zones).

This Section provides an overview of the allowed building types.

A.

Table 5.1.30.A (Building Types General) provides an overview of the allowed building types.

B.

The names of the building types are not intended to limit uses within a building type. For example, a single-family house may have non-residential uses such as home occupation uses or service uses when permitted within the zone.

C.

The lot size standards for each building type designate the range of lot sizes that the given building type is allowed to be built on. If the lot is smaller or larger than the allowed lot size, a different building type shall be selected.

D.

When minimum lot sizes are established in Article 3 (Specific to Zones), those minimum lot sizes shall govern.

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Table 5.1.30.A: Building Types General
	Building Type	Allowed In
	Carriage House: This Building Type is an accessory structure typically located at the rear of a lot. This structure typically provides either a small residential unit, home office space, or other small commercial or service use that may be above a garage or at ground level. This Building Type is important for providing affordable housing opportunities and incubating small businesses within walkable neighborhoods. Multiple Carriage Houses can be utilized to organize Family Compounds and Farmsteads.
	Estate House. This Building Type is a large detached structure on a large lot that incorporates one unit. It is typically located within a primarily single-family residential neighborhood in a more rural setting. If located within a walkable neighborhood, this Building Type is typically located at the edge of the neighborhood, providing a transition to the more rural areas.
	Village House. This Building Type is a medium-sized detached structure on a medium-sized lot that incorporates one unit. It is typically located within a primarily single-family residential neighborhood in a walkable urban setting, potentially near a neighborhood main street.
	Small Lot House. This Building Type is a small, detached structure on a small lot that incorporates one unit. It is typically located within a primarily single-family neighborhood in a walkable urban setting, potentially near a neighborhood main street. This Type enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.
	Cottage Court. This Building Type consists of a series of small, detached structures on a single lot, providing multiple units arranged to define a shared court that is typically perpendicular to the street. The shared court takes the place of a private rear yard and becomes an important community-enhancing element for this Type. This Type is appropriately scaled to fit within primarily single-family neighborhoods or medium-density neighborhoods.
General Note: Images on this page are illustrative, not regulatory.
	Duplex. This Building Type is a small to medium-sized structure that consists of two side-by-side or two stacked dwelling units, both facing the street. This Type has the appearance of a medium to large single-family home and is appropriately scaled to fit within primarily single-family neighborhoods or medium-density neighborhoods. It enables appropriately scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.
	Townhouse. This Building Type is a small to medium-sized attached structure that consists of three or more dwelling units placed side-by-side. This Type is typically located within medium-density neighborhoods or in a location that transitions from a primarily single-family neighborhood into a neighborhood main street. This Type enables appropriately scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. Synonym: Rowhouse
	Mansion Apartment. This Building Type is a medium structure that consists of three to six side-by-side and/or stacked dwelling units, typically with one shared entry or individual entries along the front. This Type has the appearance of a medium-sized family home and is appropriately scaled to fit in sparingly within primarily single-family neighborhoods or into medium-density neighborhoods. This Type enables appropriately scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.
	Apartment House. This Building Type is a medium- to large-sized structure that consists of seven to 12 side-by-side and/or stacked dwelling units, typically with one shared entry. This Type is appropriately scaled to fit in medium-density neighborhoods or sparingly within large lot predominantly single-family neighborhoods. This Type enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.
	Main Street Mixed-Use. This Building Type is a small- to medium-sized structure, typically attached, intended to provide a vertical mix of uses with ground-floor commercial, service, or retail uses and upper-floor commercial, service, or residential uses. Smaller versions of this Type include live/work units. This Type makes up the primary component of a neighborhood main street and portions of a downtown main street, therefore is a key component to providing walkability.
	Industrial/Agricultural. This Building Type is a medium to large structure that accommodates retail, light industrial, agricultural and mixed uses that are too large to be appropriately housed in a residential building type. This Building Type is typically located on the edge of the commercial core within a rural crossroads or hamlet place type. The design and massing of this Building Type find their precedent in the vernacular packing sheds, barns, and warehouses of the Lowcountry.
General Note: Images on this page are illustrative, not regulatory.

 

(Memo of 3-14-22)

One-and-a-half story house connected to main house by a breezeway

One-and-a-half-story carriage houses

One-and-a-half-story carriage house with a carpet

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A. Description

Carriage House. This Building Type is an accessory structure typically located at the rear of a lot. This structure typically provides either a small residential unit, home office space, or other small commercial or service use that may be above a garage or at ground level. This Building Type is important for providing affordable housing opportunities and incubating small businesses within walkable neighborhoods.

Allowed in Transect Zones

Key

General Note: Photos on this page are illustrative, not regulatory.

 

One-and-a-half story front-loaded estate

Two-story estate with wraparound porch

Two-and-a-half-story estate

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A. Description

Estate House. This Building Type is a large detached structure on a large lot that incorporates one unit. It is typically located within a primarily single-family residential neighborhood in a more rural setting. If located within a walkable neighborhood, this Building Type is typically located at the edge, providing a transition to the more rural areas.

Allowed in Transect Zones

Key

General Note: Photos on this page are illustrative, not regulatory.

 

One-and-a-half-story front-loaded village house

Two-story village house with a side yard porch

Two-and-a-half-story village house

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A. Description

Village House. This Building Type is a medium-sized detached structure on a medium-sized lot that incorporates one unit. It is typically located within a primarily single-family residential neighborhood in a walkable urban setting potentially near a neighborhood main street.

Allowed in Transect Zones

Key

General Note: Photos on this page are illustrative, not regulatory.

 

Newly constructed two-story small lot houses

Small one-story small lot house

One-and-a-half story small lot house with integral porch

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A. Description

Small Lot House. This Building Type is a small detached structure on a small lot that incorporates one unit. It is typically located within a primarily single-family neighborhood in a walkable urban setting, potentially near a neighborhood main street. This Type enables appropriately scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.

Allowed in Transect Zones

Key

General Note: Photos on this page are illustrative, not regulatory.

 

Prairie-style cottage court with raised stoop entries

A cottage court with a center drive and small stoops

Cottage court with a heavily landscaped court

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A. Description

Cottage Court. This Building Type consists of a series of small, detached structures, providing multiple units arranged to define a shared court that is typically perpendicular to the street. The shared court takes the place of a private rear and becomes an important community-enhancing element of this Type. This Type is appropriately scaled to fit within primarily single-family or medium-density neighborhoods. It enables appropriately scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.

Allowed in Transect Zones

Key

General Note: The photos on this page are illustrative, not regulatory.

 

A side-by-side duplex with each unit having its own porch

A stacked duplex with each unit having its own entry

A side-by-side duplex with a balcony with a two-story porch

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A. Description

Duplex. This Building Type is a small to medium-sized structure that consists of two side-by-side or stacked dwelling units, both facing the street, and sharing one common party wall. This Type has the appearance of a medium to large single-family home and is appropriately scaled to fit within primarily single-family neighborhoods or medium-density neighborhoods. It enables appropriately scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.

Allowed in Transect Zones

Key

General Note: The photos on this page are illustrative, not regulatory.

 

Individual stoops and dormers help to breakdown the overall massing of this row of townhouses

A series of townhouses which read as a single large building

Minor differences in detailing and fenestration articulate the units

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A. Description

Townhouse. This Building Type is a small to medium-sized attached structure that consists of three or more dwelling units placed side-by-side. This Type is typically located within medium-density neighborhoods or in a location that transitions from a primarily single-family neighborhood into a neighborhood main street. This Type enables appropriately scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. Syn: Rowhouse

Allowed in Transect Zones

Key

General Note: The photos on this page are illustrative, not regulatory.

 

A mansion apartment with the scale and character of the surrounding single-family houses.

A mansion apartment with a single entry accessing all units

A mansion apartment with a single entry accessing all units

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A. Description

Mansion Apartment. This Building Type is a medium structure that consists of three to six side-by-side and/or stacked dwelling units, typically with one shared entry or individual entries along the front. This Type has the appearance of a medium-sized family home and is appropriately scaled to fit in sparingly within primarily single-family neighborhoods or into medium-density neighborhoods. This Type enables appropriately scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.

Allowed in Transect Zones

Key

General Note: The photos on this page are illustrative, not regulatory.

 

An apartment house with a recessed stoop

An apartment house with individual entries for ground floor units

A newly constructed apartment house

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A. Description

Apartment House. This Building Type is a medium-to-large-sized structure that consists of 7 to 12 side-by-side and/or stacked dwelling units, typically with one shared entry. This type is appropriately scaled to fit in within medium-density neighborhoods or sparingly within large lot predominantly single-family neighborhoods. This Type enables appropriately scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.

Allowed in Transect Zones

Key

General Note: The photos on this page are illustrative, not regulatory.

 

Renovated historic main street mixed-use building

Newly constructed main street mixed-use building

Main street mixed-use building with a two-story gallery

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A. Description

Main Street Mixed-Use. This Building Type is a small to medium-sized structure, typically attached, intended to provide a vertical mix of uses with ground-floor commercial, service, or retail uses and upper-floor commercial, service, or residential uses. Smaller versions of this Type include live/work units. This Type makes up the primary component of a neighborhood main street and portions of a downtown main street, therefore being a key component to providing walkability.

Allowed Transect Zones

Key

General Note: The photos on this page are illustrative, not regulatory.

 

Renovated packing shed with wraparound porch

Typical packing shed

New retail structure with Lowcountry rural vernacular design features

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A. Description

Industrial/Agricultural. This Building Type is a medium to large structure that accommodates retail, light industrial, agricultural and mixed uses that are too large to be appropriately housed in a residential building type. This Building Type is typically located on the edge of the commercial core within a rural crossroads or hamlet place type. The design and massing of this Building Type find their precedent in the vernacular packing sheds, barns, and warehouses of the Lowcountry.

Allowed in Transect Zones

Key

General Note: The photos on this page are illustrative, not regulatory.

 

(Ord. No. 2015/32, § 1, 11-9-15)

This Division sets forth the standards applicable to the development of private frontages. Private frontages are the components of a building that provide an important transition and interface between the public realm (street and sidewalk) and the private realm (yard or building). These standards supplement the standards for each zone that the frontage types are allowed within. For each private frontage type, a description, a statement of the type's intent, and design standards are provided. These standards are intended to ensure development that reinforces the highly valued existing character and scale of the County's hamlets, villages and neighborhoods.

These standards work in combination with the standards found in Article 3 (Specific to Zones) and Division 5.1 (Building Type Standards) and are applicable to all private frontages within transect zones except residential uses in T1 Natural Preserve, T2 Rural, T2 Rural-Low, and T2 Rural Neighborhood.

The front yards of these houses form a continuous common yard

An example of a common yard

A wrap around projecting porch

A two-story porch

An example of an engaged porch

An example of an engaged porch

A raised stoop on a single-family dwelling

A series of stoops on townhouses with a minimum setback engage the street

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A. Description
Forecourt. The main facade of the building is at or near the frontage line and a small percentage is set back, creating a small court space. The space could be used as an entry court or shared garden space for apartment buildings, or as an additional shopping or restaurant seating area within commercial areas.
B. Size
Width, Clear	12' min.	Ⓐ
Depth, Clear	12' min.	Ⓑ
Ratio, Height to Width	2:1 max.	Ⓒ
C. Miscellaneous
Forecourts should be used sparingly and should not be repeated along a block frontage.
The proportions and orientation of these spaces should be carefully considered for solar orientation and user comfort.

 

This residential forecourt provides a prominent entry yard and breaks down the overall massing along the street

This commercial forecourt provides an outdoor dining area along a vibrant commercial street. The ROW is defined by a low wall as required by this Development Code

An example of a series of small commercial dooryards

AAn example of a series of residential dooryards. Each dooryard has its own steps with railings providing separation between the dooryards of adjacent units.

An example of a shop front with a recessed entry

An example of a shop front

An example of a terrace providing a protected pedestrian environment on a busy thoroughfare

A terrace accommodating a change in grade along a series of shop fronts

A one-story gallery

A two-story gallery

An example of an arcade encroaching the public ROW. The arcade provides the only means of circulation along the ROW

The purpose of this Division is as follows:

A.

To provide standards and guidelines that achieve and promote a consistently high level of design for the County's most intense and most visible development; and

B.

To encourage new and renovated buildings to reflect the distinct characteristics of Beaufort County Places.

A.

Within Transect Zones. The standards and guidelines in Section 5.3.30 (General Architectural Standards) and Section 5.3.40 (Architectural Styles) are applicable to all proposed development within:

1.

The T4HC, T4HCO, T4VC and T4NC Zones.

2.

The T2 and T3 Zones with the exception of agricultural and single-family residential uses.

3.

A Traditional Community Plan, in locations where new development is intended to create walkable places of character, and for which a Transect-based Regulating Plan will be established.

B.

Within Conventional Zones, Existing PUDs, and Community Preservation Districts. Within Conventional Zones, Existing PUDs, and Community Preservation Districts, all development located within 500 feet of the right-of-way of an arterial or major collector, with the exception of single-family residential, shall meet the standards in Section 5.3.30 (General Architectural Standards and Guidelines) and utilize Section 5.3.40 (Architectural Styles) as a "best practices manual" to achieve the standards in Section 5.3.30 (General Architectural Standards).

C.

Within All Zones. The use of any shipping container or the like, travel trailer, or recreational vehicle (RV) as a primary or accessory structure shall be prohibited in all zoning districts.

D.

Standards and Guidelines. This Division includes both standards and guidelines.

Statements predicated by the words "shall" or "must" are to be interpreted as standards. Statements predicated by the words "should" or "may" are to be interpreted as guidelines.

(Ord. No. 2015/32, § 1, 11-9-15; Ord. No. 2017/23, 8-28-17; Ord. No. 2020/33, 9-28-20; Ord. No. 2022/48, Exh. A, 12-12-22)

The purpose of the following general architectural standards and guidelines are to create a quality-built environment that reflects the County's unique Lowcountry character. This is achieved by adhering to good architectural design principles and incorporating traditional architectural features, while blending harmoniously with the natural surroundings.

Building Massing: Wall planes shall not exceed 75 feet in length

Wall Planes: Example of using pilasters and canopies to articulate a wall plane.

Vertical Articulation: Example of vertical articulation on a single-story building

Vertical Articulation: Example of vertical articulation on a multi-story building

Pitched Roofs: Where pitched roofs are utilized, the minimum pitch shall be 4:12

Flat Roofs with Parapets: Flat roofs and sloped roofs with a pitch less than 4:12 shall be concealed with a parapet that extends around all sides of a building

Concealing Rooftop Equipment: The roof structure or parapet shall conceal rooftop equipment from view

Roof Articulation: Varied roof pitches and planes shall be used to break up the massing of larger buildings

These styles reflect and summarize the range of traditional architectural expression that occurs within Beaufort County places. Historically, architecture in more rural places has generally been less formal, and characterized by vernacular treatments, including simple, low-slung massing, wood detailing, and a muted color palette. Architecture in more urban places has generally been more formal, characterized by more classical treatments, including vertically proportioned massing, detailing in masonry and stucco, and a broader range of colors.

A.

Overview of Architectural Styles: There are three broad categories of architectural styles in this section: Lowcountry Vernacular, Village Revival, and Mainstreet Classical. These architectural styles can be applied with a degree of flexibility as illustrated in Table 5.3.40.A, below. Architectural styles represent only a small portion of architectural vocabulary appropriate for development within the County. Additional architectural styles and/or individual building precedents beyond the scope of this Division may also be acceptable through a modulation permit, see Section 7.2.30 (Modulation Permit).

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Table 5.3.40.A: Beaufort County Architectural Styles
Style	Rural Crossroads	Hamlets and Villages	Towns and Cities

 

Shophouse prototype

Multi-family prototype

Mixed-use prototype: packing shed

Typical Bracketed Eave Detail

Simple Commercial Prototype

Multi-Family Prototype: Attached Rowhouses

Mixed-Use Prototype: Live/Work Shophouse

Commercial Prototype

Multi-family Prototype

Mixed-use Prototype

The purpose of this Section is to regulate the location, height, and appearance of fences and walls to maintain visual harmony within neighborhoods in the County, protect adjacent properties from the indiscriminate placement and unsightliness of fences and walls, and ensure the safety, security, and privacy of properties.

The provisions of this Section shall apply to all construction, substantial reconstruction, or replacement of fences or walls not required for support of a principal or accessory structure, or any other linear barrier intended to delineate different portions of a lot. If there is any inconsistency between the provisions of this Section and any screening standard in Division 3.2 (Transect Zones), the standards in Division 3.2 (Transect Zones), shall control.

A.

Location. Fences are permitted on the property line between two or more parcels of land held in private ownership.

B.

Temporary Fences. Temporary fences for construction sites or a similar purpose shall comply with the requirements of the Building Code adopted by the County and all applicable standards of Division 4.3 (Temporary Uses and Structures).

C.

Fences and Walls near Fire Hydrants. Fences and walls shall not be located where they would prevent immediate view from the street of, use of, or access to, fire hydrants or other firefighting water supply devices, in accordance with the Fire Code.

D.

Fences in Easements. Fences should not be located within utility easements. The County shall not be responsible for damage to, or the repair or replacement of, fences that must be removed to access such easements. In no instance shall this provision be construed to prevent fencing around stormwater retention or detention facilities.

E.

Blocking Natural Drainage Flow. No fence shall be installed so as to block or divert a natural drainage flow on to or off of any other land.

F.

Fences on Retaining Walls or Berms. If a fence is constructed on top of a wall or berm, the combined height of the fence and wall or berm shall not exceed the maximum height that would apply to the fence or wall alone.

G.

Fences and Walls within Buffers. Fences and walls shall be installed so as not to disturb or damage existing vegetation or installed plant material within perimeter or riparian buffers.

H.

Integration with Other Required Landscaping. Required landscape screening for fences or walls may be integrated into the landscaping required for vehicular use area screening or perimeter buffers, provided the standards in Section 5.8 (Landscaping, Buffers, and Screening Standards), are maintained.

I.

Customary Materials. Fences and walls shall be constructed of any combination of treated wood posts and planks, rot-resistant wood (such as cypress or redwood), wrought iron, decorative metal materials, chain link, brick, stone, masonry materials, or products designed to resemble these materials. Where certain materials are specified for particular types of screening or buffering fences or walls, all other fence materials are prohibited.

All fences and walls shall conform to the following standards unless exempted by Subsection C below, and except as otherwise provided in Section 5.4.70 (Visibility Clearance). In all cases, heights are measured from natural grade.

A.

Transect Zones and C3 Zone. Fences or walls shall not exceed a height of four feet in front yards and corner side yards located between the side street right-of- way and the side of a structure, or a height of six feet in side and rear yards.

B.

C4, C5, and S Zones. Except for fences or walls providing required screening, fences and walls in the C4, C5, and S districts shall not be permitted in front and corner side setback areas, shall not exceed a height of eight feet in the remainder of front and corner side yards, and shall not exceed a height of eight feet in rear yards.

C.

Exemptions.

1.

Rural Single-Family Lots. Single-family lots in T1 Natural Preserve, T2 Rural, and T2 Rural Low shall be exempt from fence height standards.

2.

Required Screening. A fence or wall provided to screen an outdoor maintenance, storage, or salvage yard, is exempt from the height standards of this Section, but in no case shall the fence or wall exceed a height of ten feet.

3.

Recreational Fencing. Customary fencing provided as a part of a permitted tennis court, athletic field, or other recreational facility shall be exempt from the height restrictions of this Section.

4.

Public Safety Use Fences and Walls. Major utilities, wireless communication towers, government facilities, and other public safety uses shall be allowed to increase maximum fence or wall heights to 10 feet in front, side, and rear yards, unless further increased through an approved security plan, see Subsection 5, below.

5.

Security Plan Fences and Walls. An owner, tenant, or a representative of a public agency responsible for a public facility may submit to the Director a site security plan proposing fences or walls taller than those permitted by this Section, or the use of barbed or concertina wire atop a fence or wall. The Director shall approve, or approve with conditions, the site security plan and its proposed exemption of fences or walls from the standards of this Section, on finding that:

a.

The condition, location, or use of the land, or the history of activity in the area, indicates the land or any materials stored or used on it are in significantly greater danger of theft or damage than surrounding land; and

b.

The proposed taller fences or walls, or use of barbed or concertina wire, will not have a significant adverse effect on the security, functioning, appearance, or value of adjacent lands or the surrounding area as a whole.

Fences or walls located within 15 feet of a public right-of-way shall be:

A.

Located Outside ROW. Be located outside the public right-of-way;

B.

Uniform Style. Be of a uniform style; and

C.

Materials. Fences and walls abutting public rights-of-way should be constructed from the following materials:

1.

Piers and Walls: Brick, Cast Stone and/or Stucco over concrete.

2.

Rails and Posts.

a.

Wood or products designed to resemble wood;

b.

Fiber cement; and/or

c.

Aluminum or iron.

3.

PVC, fiberglass and chain link are not encouraged.

A.

Consistency with Character and Intensity of Zone. The type, design and, materials of fences and walls should correspond to the character and intensity of the surrounding area. Table 5.4.60.A illustrates how fences and walls change in response to the character and intensity of their district.

B.

Finished Side to Outside. Wherever a fence or wall is installed, if one side of the fence or wall appears more "finished" than the other (e.g., one side has visible support framing and the other does not), then the more "finished" side of the fence shall face the perimeter of the lot rather than the interior of the lot. See figure below.

Figure 5.4.60.B: Privacy Fence with Finished Side to Outside

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Table 5.4.60.A: Fences and Walls: Consistency with Character and Intensity of Zone
T1	T2R, T2RL, T2RN	T2RNO, T2RC	T3, C3	T4, C4, C5, I
Privacy Fence	Split Rail Fence	Living Fence	Split Rail Fence	Picket Fence
Post and Rail Fence	Living Fence	Picket Fence	Living Fence	Lattice Fence
		Dog Ear Picket Fence	Picket Fence	Hedge Wall with Picket Gate
			Hedge Wall	Garden Wall
			Wrought Iron Fence	Wrought Iron Fence with Brick Posts
General Note: Photos on this page are illustrative, not regulatory.

 

C.

Compatibility of Materials along a Single Lot Side. All fencing or wall segments located along a single lot side shall be composed of a uniform style and colors compatible with other parts of the fence and with the associated buildings.

D.

Landscape Screening. All chain link fences and fences and walls exceeding four feet in height, if located within 15 feet of a public street right-of-way, shall be supplemented with landscape screening in accordance with the following standards, to soften the visual impact of the fence. These standards shall not apply to fences in the S Zone or single-family dwellings in the C3 Zone, unless they are located within 15 feet of the right-of-way of an arterial or collector street.

1.

Shrubs Required. One evergreen shrub shall be installed for every five linear feet of fence or wall, and on the side of the fence or wall facing the public street right-of-way.

2.

Substitution of Understory Trees. One understory or ornamental tree may be substituted for every three evergreen shrubs, provided that the tree meets the size standards.

(Ord. No. 2015/32, § 1, 11-9-15)

Fences and walls shall be placed outside of required sight triangles or areas needed for visibility.

A.

Restricted Fences.

1.

Chain Link fences in Residential Areas. Chain link fences in residential areas may be permitted in rear yards only. Single-family lots in all T1 and T2 districts shall be exempt from this restriction.

2.

Chain Link fences in Commercial Areas. Chain link fences used in commercial areas shall be screened from view from public rights-of-way.

B.

Prohibited Fences.

1.

Barbed Wire, Concertina Wire, and Aboveground Electrified Fences. In all zones, fences using barbed or concertina wire and aboveground electrified fences shall be prohibited unless used in association with agricultural activities or allowed through an approved security plan, see Section 5.4.40.C.5 (Security Plan Fences and Walls). Underground electric fences designed for control of domestic animals are allowed.

2.

Debris, Junk, Rolled Plastic, Sheet Metal, Plywood, or Other Waste Materials. Fences or walls made of debris, junk, rolled plastic, sheet metal, plywood, or waste materials are prohibited in all zones unless such materials have been recycled and reprocessed, for marketing to the general public, as building materials that resemble new building materials (e.g., picket fencing made from recycled plastic and fiber).

All fences and walls and associated landscaping shall be maintained in good repair and in a safe and attractive condition—including, but not limited to, the repair or replacement of missing, decayed, or broken structural and decorative elements.

The purpose of this Division is to regulate and ensure the provision of adequate parking and access for motor vehicles and bicycles. The Division also provides options for adjusting parking requirements and providing parking alternatives. These standards ensure that the parking needs of new land uses and development are met, while being designed and located in a manner consistent with the desired character and development patterns of the community as outlined in the Comprehensive Plan.

A.

The parking standards of this Division shall apply to the following within the County:

1.

New development;

2.

Changes in land use; and

3.

Changes in intensity of buildings or structures of 15 percent or more of:

a.

Gross floor area;

b.

Seating capacity;

c.

Dwelling units;

d.

Parking spaces; and/or,

e.

Other units of measurement listed in Table 5.5.40.B (Number of Motor Vehicle Parking Spaces Required).

B.

Applicability to Transect Zones. The standards in this Division are intended to supplement those found in Article 3 (Specific to Zones). Should a conflict between the regulations found in this Division and Article 3 (Specific to Zones) arise, the standards found in Article 3 (Specific to Zones) shall prevail.

C.

Location, Design, Landscaping. All parking spaces provided shall meet the location, design, landscaping and improvement requirements in this Division, Division 3.2 (Transect Zones), and Division 5.8 (Landscaping, Buffers, and Screening Standards).

A.

Storage and/or Parking of Heavy Trucks and Trailers. Parking or storage of heavy trucks (vehicles over 20,000 GVW) and trailers in any zone for residential or storage purposes shall be prohibited except as follows:

1.

Semi-trailer trucks, their cabs or trailers, and other heavy trucks may be parked or stored on any residential lot within the T2 Rural district;

2.

In all other districts, one commercial truck or one semi-trailer cab may be parked on any residential lot of one acre or larger provided it is not prohibited by private covenants and restrictions;

3.

Where storage and/or parking of heavy trucks and trailers is permitted, the following shall apply:

a.

The vehicle shall be stored in the rear or interior side setback behind the front of the building, garage, or carport;

b.

There is a principal use of the property, to which such storage would be an accessory use;

c.

No living quarters shall be maintained or any business conducted from within while such trailer or vehicle is so parked or stored; and

d.

The required number of parking spaces on the parcel is maintained in addition to the area used for the stored vehicle(s).

B.

Off-Site/Premises Parking. If a property owner is unable to provide the required parking on-site, the owner may at the discretion of the Director satisfy the parking requirement off-site provided the following standards are met.

1.

General to All Zones.

a.

Required parking may be provided in off-street parking facilities on another property within 600 feet of the site proposed for development, as measured:

(1)

Along the street right-of-way; or

(2)

Between the closest edge of such parking facilities to the closest edge of the site being served.

The Director may approve parking further than 600 feet if it is in conjunction with a plan to provide access to the lot (e.g., valet or shuttle service).

b.

Pedestrian access between the use or the site and the off-premises parking area shall be via paved sidewalk or walkway.

c.

The owner shall provide a written parking agreement reflecting the arrangement with the other site guaranteeing that the required parking will be maintained exclusively for the uses served and remain for the duration of the use.

d.

If the off-premises parking facility is shared, the Director may allow a reduction in the number of required parking spaces. The reduction shall be based on the Shared Parking practices procedures outlined in Section 5.5.40 (Number of Motor Vehicle Parking Spaces Required).

e.

All off-street parking facilities shall be located on property zoned for the use which the parking is intended to serve, or specifically permitted for parking facility uses in Table 3.1.60 (Consolidated Use Table).

2.

Specific to Conventional Zones. Off-site parking facilities for a non-residential use shall not be located in a C3 zone.

C.

Pervious parking. The use of pervious parking spaces is strongly encouraged to promote on-site stormwater infiltration, aquifer recharging, and improved water quality.

(Ord. No. 2017/25, 10-9-17; Ord. No. 2021/37, 9-27-21)

A.

General to All Zones.

1.

Motor Vehicle Parking Spaces Required. The number of parking spaces required shall be determined by the Table 5.5.40.B (Number of Motor Vehicle Parking Spaces Required) below. Uses not listed below shall use the parking requirement for the most similar use, as determined by the Director.

2.

Allowable Increases and Reductions in Number of Parking Spaces. The Director may allow up to a 20-percent increase or a 20-percent reduction in the required number of parking spaces if an applicant can show, through a parking demand study, that additional or fewer parking spaces are required. The parking demand study shall be approved by the County Traffic and Transportation Engineer. All approved additional parking spaces shall have a pervious surface.

2.

Parking Adjustments.

a.

Transit. A parking reduction of up to 10 percent in conventional zones, and 20% in transect zones, may be approved by the Director for any use within one-quarter mile of an active bus stop or other transit stop (i.e. ferry terminal).

b.

Shared Parking Simplified. For two use types, shared parking shall be calculated as follows. The sum of the required parking for the two use types from Table 5.5.40.B (Number of Motor Vehicle Parking Spaces Required), shall be divided by the factor listed in the table below. If the use is not listed below, or the uses have different peak hour parking demands, then the shared parking shall be based on Subsection 5.5.40.A.2.c. below.

c.

Shared Parking Study. The Director may grant a reduction in the parking requirements set forth in this Section based upon the findings of a parking study submitted by an applicant that provides an analysis of peak parking demand for the entire development and that justifies the shared use of parking spaces for separate uses. A Shared Parking Study may be submitted in the following cases:

(1)

When three or more use types share parking;

(2)

When a use type is not listed in Table 5.5.40.A (Shared Parking Factor for Two Uses); and

(3)

When uses in the same or adjoining development have different peak hour parking demand and seek to share parking.

d.

Special Housing Projects. The Director may grant a reduction in the parking requirements set for in this Section where the special nature of a certain housing development (e.g. housing projects inhabited by persons with low or no automobile ownership) does not require the amount of parking listed in Table 5.5.40.B (Number of Motor Vehicle Parking Spaces Required).

e.

Golf Cart Parking. Where it can be demonstrated that a sizable percentage of parking demand will be utilized by golf carts, the Director may permit a substation at a rate one golf cart vehicle parking space for one motor vehicle parking space. Golf cart parking spaces shall have a minimum length of 10 feet and a minimum width of 5 feet.

f.

Other Parking Reductions. The parking requirements set forth in this Section may be reduced by up to 20% with approval by the Director if a lower requirement is documented and certified by a transportation engineer.

g.

The Director shall consider the following in determining whether a reduction is warranted:

(1)

The likelihood that the reduced number of parking spaces can satisfy demand;

(2)

The amount of time during the year when the number of spaces provided may be insufficient and the amount of resulting parking overflow;

(3)

The impact of periodic overflows upon the public streets and other parking facilities; and

(4)

The nature of surrounding land uses, character of surrounding road system, and nearby circulation pattern.

g.

Unless requested by Director, the burden to demonstrate that a reduction in parking requirements is warranted shall rest with the applicant.

B.

Specific to Transect Zones.

1.

On-Street Parking Spaces. Spaces adjacent to the lot may count towards the required residential guest parking and non-residential use parking requirements.

2.

Bicycle Parking Substitution. Required vehicular parking spaces may be reduced at a rate of one vehicular parking space for every one bicycle parking space provided. Reduction in parking shall not exceed a maximum of 20 percent of the required motor vehicle parking spaces

(Ord. No. 2016/18, 6-27-16; Ord. No. 2020/32, 9-28-20)

A.

Access. The following standards are applicable to off-street parking lot access design and include parking for single-family residences unless modified by Article 3 (Specific to Zones).

1.

Each required off-street parking space shall open directly onto an aisle or driveway as specified in Table 5.5.50.A (Minimal Dimensional Requirements for Parking Spaces and Aisles). All off-street parking facilities shall be designed with an appropriate means of vehicular access to a street or to an alley to cause the least interference with traffic movements.

2.

Parking spaces in any parking lot or parking structure for any use other than single-family dwellings shall not be designed or located so as to permit a vehicle to enter or exit a parking space directly from a public thoroughfare and shall meet the following standards:

a.

Ingress to and egress from parking spaces shall be from an on-site aisle or driveway.

b.

Exception, parking spaces within lots of up to eight spaces may be designed or located so as to permit a vehicle to enter or exit a parking space directly from a public alley or rear lane.

3.

Driveways to the public thoroughfares shall be by forward motion of the vehicle.

4.

Driveways from a public thoroughfare to off-street parking areas in all residential zones shall meet the following:

a.

Driveways shall be a minimum of 10 feet wide; and

b.

If a driveway serves more than two dwelling units or is longer than 150 feet, the driveway shall have a minimum width and turnaround that comply with Fire Department requirements and County Engineering Standards.

5.

The design and construction of all off-street parking access drives shall meet the requirements of the Engineering Standards.

B.

Identified as to Purpose and Location. Off-street parking areas of four or more spaces and off-street loading areas shall include painted lines, wheel stops, or other methods of identifying individual parking spaces and loading areas and distinguishing such spaces from aisle and other circulation features.

C.

Materials.

1.

All off-street parking areas and driveways shall be surfaced with materials as approved by the County Engineer and maintained in accordance with the Engineering Standards and the LID Manual.

2.

Driveway materials shall extend and include the area between the property line and the street.

4.

The use of pervious or semi-pervious parking area surfacing materials including, but not limited to "grasscrete," or recycled materials such as glass, rubber, used asphalt, brick, block and concrete-may be approved by the County Engineer for required vehicular surface area on a site, provided such areas are properly maintained. Where possible, such materials should be used in areas proximate to and in combination with on-site stormwater control devices.

D.

Accessible Parking. All parking facilities that require accessible parking spaces shall ensure that a portion of the total number of required parking spaces shall be specifically designated, located, and reserved for use by persons with physical disabilities, in accordance with the standards in the federal American with Disabilities Act (ADA).

E.

Dimensional Standards for Parking Spaces and Aisles.

1.

General. Standard car parking spaces and parking lot aisles shall comply with the minimum dimension standards established in Table 5.5.50.A above.

2.

Dimensional Adjustments. Parking structures may be subject to dimensional adjustments based on utilization, but in no case shall the standard parking space width be less than eight feet. Reduction in design standards shall be subject to approval by the County Engineer.

3.

Vertical Clearance. All parking spaces shall have a minimum overhead clearance of seven feet.

4.

Reduction for Sidewalk and Planter Overhangs. When a parking space abuts a sidewalk or planter; the front two feet of the required parking space length may overhang the planter or sidewalk provided that wheel stops or curbing are provided and the remaining area outside of the overhang meets the minimum width requirements of the sidewalk or planter.

5.

Spaces near Obstructions.

a.

When the side of a parking space abuts a wall or other structure that is taller than six inches, the width of the parking space shall be increased by two feet.

b.

This provision does not apply to parking spaces abutting support columns in a parking garage.

F.

Landscaping, Fencing, and Screening. Parking areas shall meet the standards established in Division 5.8 (Landscaping, Buffers, and Screening Standards) and Division 5.4 (Fences and Walls).

G.

Lighting. For requirements for lighting within parking areas see Division 5.7 (Exterior Lighting).

H.

Location.

1.

Applicable to All Zones.

a.

Location of required on-site parking in all zones is regulated by setbacks set forth in Article 3 (Specific to Zones), buffers established in Division 5.8 (Landscaping, Buffers, and Screening Standards), and the following:

(1)

Parking lots with 20 or fewer spaces: all off-street parking areas shall be separated at least five feet from buildings in order to provide a sidewalk between the building and parking area.

(2)

Parking lots with more than 20 spaces: all off-street parking areas shall be separated at least 10 feet from buildings in order to make room for a sidewalk, landscaping, and other planting between the building and the parking area.

(3)

This separation may be eliminated to the rear of buildings in areas designed for unloading and loading of materials.

b.

In all zones, required parking is not permitted in the required front and exterior side yard setbacks, except as follows:

(1)

Parking in the exterior side yard is allowed when the parking space is a minimum of 20 feet from the exterior side property line and the parking space is located behind the front of the building.

(2)

In residential zones within non-transect zones, parking is allowed within the front yard setback in front of garages and carports.

2.

Applicable to Retail and Service Uses in Non-Transect Zones.

a.

Off-street parking shall be established in one of the following locations (listed in priority order from most desirable to least desirable location):

(1)

Behind the building adjacent to commercial;

(2)

Behind the building adjacent to residential;

(3)

On the side of the building adjacent to another commercial structure;

(4)

Corner lot - on the side of the building adjacent to a commercial structure;

(5)

Corner lot - on the side of the building adjacent to a residential structure;

(6)

Corner lot - on the exposed street side;

(7)

In front of the building as set forth in Subsection b below.

b.

Development shall limit the amount of off-street parking between the primary or front façade and the street it faces in accordance with Table 5.5.50.H, Off-Street Parking Location.

A.

Applicability.

1.

The following regulations are applicable whenever the provisions of Section 5.5.20 (Applicability) have been met.

2.

Bicycle parking is not required for single-family residential developments and uses.

B.

Required Spaces.

1.

Developments shall provide the greater of:

a.

Two bicycle parking spaces; or

b.

Bicycle parking spaces equal to five percent of required off-street parking spaces.

2.

Bicycle spaces shall be provided in accordance with the following standards:

a.

Bicycle parking shall consist of either a lockable enclosure (locker) in which the bicycle is stored or a rack to which the bicycle can be locked;

b.

Lockers and racks shall be securely anchored to the pavement or a structure;

c.

Racks shall be designed and installed to permit the frame and one or both wheels to be secure;

d.

Areas containing bicycle spaces shall be surfaced with impervious surfaces such as concrete or pavers. Pervious pavements or gravel may be used where appropriate as determined by the ZDA;

e.

When located within a parking area: curbs, fences, planter areas, bumpers, or similar barriers shall be installed and maintained for the mutual protection of bikes, motor vehicles and pedestrians, unless determined by the ZDA to be unnecessary; and

f.

Bicycle parking shall be placed in a convenient, highly visible, active, and well-lit location not more than 100 feet walking distance of the main entrance, but shall not interfere with pedestrian movements.

C.

Bicycle Parking Space Dimensions. All bicycle parking shall meet the following minimum dimensions:

1.

Each bicycle parking space shall include a minimum area of 72 inches in length and 24 inches in width that is clear of obstructions;

2.

No part of the rack shall be located closer than 30 inches to a wall or other obstruction;

3.

The front or back of the rack shall be located no less than 48 inches from a sidewalk or pedestrian way; and

4.

A minimum of 30 inches shall be provided between adjoining racks.

A.

Functional Separation. Site plans involving uses which require loading facilities must be designed to ensure the functional separation between loading spaces/truck turnaround areas, and between vehicular/pedestrian areas.

B.

Internal Site Circulation Lanes. Internal site circulation lanes are to be designed with adequate turning radii to accommodate the size and efficient maneuvering of delivery vehicles.

C.

Location.

1.

Outdoor storage, trash collection, and loading areas are required to be located on the same lot as the building or lot served by the loading area.

2.

Outdoor storage, trash collection, and loading areas shall not be located within 20 feet of the public or private rights-of-way and shall not be visible or shall be screened from public or private rights-of-way.

3.

Located to maintain the maximum possible distance from adjacent single-family development while also complying with the other applicable standards of this Development Code.

4.

Shopping cart containment areas shall not be located adjacent to internal public spaces, plazas, or commercial streets.

D.

Screening. Parking lots shall meet the screening standards found in Section 5.8.100 (Screening).

E.

Outdoor Loading Bay Area Standards.

1.

Dimensions. Each outdoor loading bay area's minimum dimensions shall be 12 feet wide and 60 feet long. At no time shall any part of a truck or van be allowed to extend into a public thoroughfare or right-of-way while the truck or van is being loaded or unloaded. If the outdoor loading area is covered, but not totally enclosed, the minimum height of the outdoor loading bay area shall be 14 feet.

2.

Maneuvering Space. Adequate off-street truck maneuvering space shall be provided on the lot and not within any public street right-of-way or other public lands.

3.

Obstructions. All loading spaces and maneuvering spaces shall be accessible at all times.

4.

Fire Exit or Emergency Access. Off-street loading facilities shall be designed to not interfere with any fire exits or emergency access facilities to either a building or site.

A.

Purpose.

1.

Signs perform an important function in identifying and promoting properties, businesses, services, residences, events, and other matters of interest to the public. The intent of this Division is to regulate all signs within the County to ensure that they are appropriate for their respective uses, in keeping with the appearance of the affected property and surrounding environment, and protective of the public health, safety, and general welfare.

2.

The County Council specifically finds that these sign regulations are narrowly tailored to achieve the compelling and substantial governmental interests of traffic safety and aesthetics, and that there is no other way for the County to further these interests.

3.

Article XII, Section 1 of the South Carolina Constitution provides that "[t]he health, welfare, and safety of the lives and property of the people of this State and the conservation of its natural resources are matters of public concern." Implementing the South Carolina Constitution is a compelling governmental interest.

4.

The County finds that these sign regulations are necessary to achieve the overarching goal of the County's Comprehensive Plan of "promoting safe and healthy communities that preserve and build on the County's unique since of place."

5.

In accordance with the U.S. Supreme Court's cases on sign regulations, the regulations in this Division are not intended to regulate or censor speech based on its content or viewpoint, but rather to regulate the secondary effects of speech that may adversely affect the County's substantial and compelling governmental interests in preserving scenic beauty and community aesthetics, and in vehicular and pedestrian safety in conformance with the First Amendment. These cases and their holdings include, but are not limited to:

a.

Reed v. Town of Gilbert, U.S., 135 S. Ct. 2218, 192 L. Ed. 2d 236 (2015) on the topic on [of] noncommercial temporary signs;

b.

Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981) on the topic of commercial signs and off-premises signs;

c.

City of Ladue b. Gilleo, 512 U.S. 43 (1994) on th etopic of political protest signs in residential areas;

d.

Linmark Assocs., Inc., v. Township of Willingboro, 431 U.S. 85 (1977) on the topic of real estate signs in residential areas;

e.

Burson v. Freeman, 504 U.S. 191 (1992) on the topic of election signs near polling places;

f.

Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S. 557 (1980) on the topic of regulation of commercial speech; and

g.

City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984) on the topic of signs on public property.

6.

Specific legislative intent. More specifically, the sign regulations in this Division are intened to:

a.

Encourage the effective use of signs as a means of communication in the County;

b.

Ensure pedestrian and traffic safety;

c.

Minimize the possible adverse effects of signs on nearby public and private property;

d.

Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive area of signs which compete for the attention of pedestrian and vehicular traffic and are not necessary to aid in wayfinding; and

e.

Regulate signs in a manner so as not to interfere with, obstruct the vision of, or distract motorists, bicyclists, or pedestrians.

7.

The County Council relies on judicial decisions, studies, and reports relevant to these regulations.

B.

Scope.

1.

The provisions of this Division shall govern the number, size, location, and character of all signs allowed under the terms of this Division. No signs shall be allowed except in accordance with the provisions of this Division.

2.

The provisions of this Division do not regulate the message content (sign copy) of any sign.

3.

All signs, unless exempt from regulation under Section 5.6.10.B.4, or exempt from the permitting requirement under Section 5.6.10.B.5, shall obtain a Preliminary Approval of a Sign Permit in accordance with the requirements of Section 7.2.40 being erected, replaced, relocated or altered.

4.

Signs exempt from regulation. The following signs are exempt from regulation under this Division:

a.

A public notice or warning required by a federal, state, or local law, regulation, or ordinance, or issued pursuant to same.

b.

Public signage within the right-of-way including:

(1)

Public signs erected by or on behalf of a governmental agency to convey public information, identify public property, post legal notices, or direct or regulate pedestrian or vehicular traffic;

(2)

Bus stop signs installed by a public transit company;

(3)

Informational signs of a public utility regarding its lines, pipes, poles or other facilities; or

(4)

Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized work within the public right-of-way.

c.

Wayfinding, directional, hazard, life safety, traffic control device, construction control, and similar signs authorized, required or installed by a government agency on private property.

5.

Signs and activities exempt from permitting requirements. The following signs and activities are exempt from permitting requirements under Section 7.2.40, but shall comply with the standards of this Division, as applicable:

a.

A non-electrical sign that is two square feet or less in area and is located within three feet of an entry door, or within fifteen feet of a driveway.

b.

Flags that meet the following conditions:

(1)

Location. Flags and flagpoles shall not be located within any right-of-way.

(2)

Height. No more than 30 feet.

(3)

Number. No more than two (2) flags per lot in residential districts, no more than three flags per lot in all other districts.

(4)

Size. No more than 24 square feet in residential districts; no more than 35 square feet in all other districts.

c.

A display behind a shop front window.

d.

One or more non-illuminated signs, not exceeding a combined total of six square feet in sign face area, located on private property.

e.

The activity of changing characters on any changeable copy sign.

C.

Intent.

1.

Substitution of noncommercial speech for commercial speech. Notwithstanding any provisions of this Division to the contrary, to the extent that this Division allows a sign containing commercial content, it shall allow a noncommercial sign to the same extent. The noncommercial message may occupy the entire sign area or any portion thereof, and may substitute for or be combined with the commercial message. The sign message may be changed from commercial to noncommercial, or from one noncommercial message to another, as frequently as desired by the sign's owner, provided that the sign is not prohibited, and the sign continues to comply with all requirements of this Division.

2.

Severability.

a.

Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Division, or any application thereof, is declared unconstitutional by any court of competent jurisdiction, this declaration of unconstitutionality or invalidity shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Division, or any other application thereof.

b.

Severability where less speech results. This subsection shall not be interpreted to limit the effect of Subsection 5.6.10.C.2.a. above, or any other applicable severability provisions in the Code of Ordinances or any adopting ordinance. The County Council specifically intends that severability shall be applied to these sign regulations even if the result would be to allow less speech in the County, whether by subjecting currently exempt signs to permitting or by some other means.

c.

Severability or provisions pertaining to prohibited signs. This subsection shall not be interpreted to limit the effect of Subsection 5.6.10.C.2.a. above, or any other applicable severability provisions in the Code of Ordinances or any adopting ordinance. The County Council specifically intends that severability shall be applied to Section 5.6.20 "Prohibited Signs," so that each of the prohibited sign types listed in that section shall continue to be prohibited irrespective of whether another sign prohibition is declared unconstitutional or invalid.

d.

Severability of prohibited on off-premises signs. This subsection shall not be interpreted to limit the effects of Subsection 5.6.10.C.2.a. above, or any other severability provisions of the Code of Ordinances or any adopting ordinance. If any or all of Division 5.6 "Sign Standards" or any other provision of the Community Development Code is declared unconstitutional or invalid by any court of competent jurisdiction, the County Council specifically intends that the declaration shall not affect the prohibition of off=premises signs in Section 5.6.20 "Prohibited Signs."

(Ord. No. 2021/32, 7-26-21)

The following signs are prohibited when visible from a publicly maintained street, road, or highway, whether county, state, or federal:

A.

Off-premises signs/Commercial billboard signs;

B.

Flashing, animated, or scrolling signs;

C.

Internally illuminated signs;

D.

Moving signs or signs having moving parts;

E.

Signs using the words "stop," "danger" or any other word, phrase, symbol or character in a manner that might mislead, confuse or distract a vehicle driver;

F.

Except, as otherwise provided, no sign, whether temporary or permanent, except by a public agency, is permitted within any street or highway right-of-way;

G.

Signs painted on or attached to trees, fence posts, rocks or other natural features, telephone or utility poles, or painted on or projected from the roofs of buildings visible from any public thoroughfares;

H.

No sign or any kind shall be erected or displayed in any salt marsh areas or any land subject to periodic inundation by tidal seawater;

I.

Portable commercial signs or vehicle movable commercial signs except business identification painted on or magnetically attached to business cars and trucks;

J.

Abandoned or dilapidated signs; and

K.

All signs and supporting structures in conjunction with a business or use which is no longer in business or operation unless a new permit for the sign has been obtained.

(Ord. No. 2021/32, 7-26-21)

The following shall apply to all signs:

A.

Visibility. The area around the sign shall be properly maintained clear of brush, trees and other obstacles so as to make signs readily visible.

B.

Finish. Reverse sides of signs must be properly finished with no exposed electrical wires or protrusions and shall be of one color.

C.

Illumination and Glare.

1.

If a sign is to be illuminated, a stationary light directed solely at the sign shall be used. No more than two stationary lights may be used for any one sign face.

a.

Illuminated signs shall not have a light reflecting background, but may use reflective lettering.

b.

Monument signs may be illuminated with reverse channel/halo lighting or one up-light per side. The up-light must have a shield to direct light at sign.

c.

Wall signs may be illuminated with reverse channel/halo lighting or down lighting using a cut-off fixture. The brightness of the sign shall not exceed 30 foot-candles at any one point on the sign face.

d.

Colored lamps or lights are not permitted.

e.

Externally mounted neon signs are permitted in T4 Hamlet Center, T4 Hamlet Center Open, and T4 Neighborhood Center. Internally mounted neon signs are permitted in all zones.

f.

Digital displays are prohibited, except on a parcel containing a school, house of worship, gasoline station, or a theater. Digital displays shall be included in the overall maximum allowed square footage of the sign. The text and graphics on digital display may be changed no more frequently than every thirty (30) minutes. Lighting levels are limited to a maximum luminous intensity of 200 nits (candela per square meter), full white mode, from sunset to sunrise.

2.

Sign illumination shall be placed and shielded so as not to directly cast light rays into nearby residences, sleeping accommodations, or in the eyes of vehicle drivers. Light sources used to illuminate signs shall not:

a.

Be visible from a street right-of-way.

b.

Cause glare or reflection that is hazardous to pedestrians or vehicle drivers.

c.

Create a nuisance for adjacent properties.

3.

Electrical requirements pertaining to signs shall be as prescribed under the adopted National Electrical Code for the County.

D.

Location.

1.

All signs shall be erected so as not to obstruct or impair driver vision at ingress-egress points and intersections.

2.

Directional, landscape, pole/monument and yard signs shall not be located within or encroach into public rights-of-way.

3.

Signs shall not be attached to any public utility pole, structure or street light, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, statue, memorial, or other location on public property, except those signs approved as part of a temporary use permit on County property, or banner signs permitted by Beaufort County on light poles in certain zones within the County.

4.

Signs located in buffers shall be positioned so as to have the least impact on existing trees within the buffer. If trees must be removed, specimen trees must be replaced inch for inch. All other trees must be replaced tree for tree. The replacement trees shall be planted within the buffer(s) on site with the front buffer taking precedence for plant back. The sign shall be landscaped with shrubs and groundcovers with annuals and perennials used only as accents.

E.

Design. Sign design and materials shall be as follows:

1.

Signage, including overall design, materials, colors and illumination must be compatible with the overall design of the main building. Details of the sign, such as typeface and layout, shall be subject to minimal review only to prevent obtrusive designs.

2.

An integrated sign system shall be required for all new commercial and residential subdivisions, and land developments. These systems shall be reviewed for materials, colors, shapes, sizes, compatibility with architecture and establishment of unity of design for the proposed development.

3.

Signs used for Business Identification/Advertisement. The business name shall be the predominant feature of the sign. Graphic accents (items and info other than the business name) may not dominate the sign face.

4.

Sign Colors.

a.

Bright, primary, or neon colors are not permitted. This includes corporate logos using these colors. A sign color guide outlining approvable colors for accents and letters shall be maintained by the Director.

b.

Sign backgrounds are to be a neutral base color. Neutral base colors are those that do not provide a contrast to the remaining sign elements such as letters and accents. Neutral base colors typically would match or be a shade of the sign foundation and/or building materials and color. The use of a sign background color to provide contrast to accent color and letter color is not permitted.

5.

Sign Shapes. Signs shall be composed of standard geometric shapes and/or letters of the alphabet only and shall not be in the shape of a sponsor motif (bottles, hamburgers, human or animal figures, etc.). All elements of a sign structure shall be unified in such a way not to be construed as being more than one sign. Outcrops on signs are prohibited.

F.

Sign Measurement Criteria.

1.

Sign Area Measurement. Sign area for all sign types is measured as follows:

a.

Sign copy mounted, affixed, or painted on a background panel or surface distinctively painted, textured, or constructed as a background for the sign copy, is measured as that area contained within the sum of the smallest rectangle(s) that will enclose both the sign copy and the background. See figure on the next page.

b.

Sign copy mounted as individual letters or graphics against a wall, fascia, mansard, or parapet of a building or surface of another structure, that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy, is measured as a sum of the smallest rectangle(s) that will enclose each word and each graphic in the total sign. See figure on next page.

c.

Sign copy mounted, affixed, or painted on an illuminated surface or illuminated element of a building or structure, is measured as the entire illuminated surface or illuminated element, which contains sign copy. Such elements may include, but are not limited to, lit canopy fascia signs; spanner board signs; and/or interior lit awnings. See figure on next page.

d.

Multi-face signs are measured as follows:

(1)

Two face signs: if the interior angle between the two sign faces is 45 degrees or less, the sign area is of one sign face only. If the angle between the two sign faces is greater than 45 degrees, the sign area is the sum of the areas of the two sign faces. See figure on next page.

(2)

Three or four face signs: the sign area is 50 percent of the sum of the areas of all sign faces. Signs with greater than four faces are prohibited. See figure on next page.

2.

Sign Height Measurement. Sign height is measured as the vertical distance from the average elevation between the highest point and the lowest point of finished grade at the base of a sign to the top of the sign. Refer to sections 5.6.80 through 5.6.190 for height measurements by type of sign.

Figure 5.6.30.F: Sign Area for Signs on Background Panel and Signs with Individual Letters

Figure 5.6.30.A: Sign Area for Multi-face Signs or Free Form Signs

G.

Materials.

1.

The finish materials to be used for signage throughout all districts shall be as follows:

a.

Wood: painted, stained, or natural;

b.

Metal: copper, brass, or galvanized steel;

c.

Stucco, tabby, or brick; or

d.

Any other material that is finished or painted and looks like wood.

2.

Monument signs shall be constructed of materials compatible with the overall design of a development and/or building. This includes the sign face materials as well as the sign foundation.

(Ord. No. 2015/32, § 1, 11-9-15; Ord. No. 2021/32, 7-26-21)

A.

Table 5.6.40.A (Sign Types) establishes a variety of permanent sign types as well as the permitted zoning district for each type.

B.

All businesses and community types located in the County may choose to utilize a combination of the sign types permitted in Table 5.6.40.A (Sign Types) in accordance with the limitations prescribed in Table 5.6.40.B (Aggregate Sign Area).

Expand

Table 5.6.40.A: Sign Types
Specific Sign Type	Illustration	Permit	Standards
Awning Signs: Awnings are a traditional storefront fitting and can be used to protect merchants' wares and keep storefront interiors shaded and cool in hot weather.			5.6.80
Directional Signs: A wall-mounted or freestanding sign placed within 30 feet of an entrance to, or exit from, an establishment or parking location.			5.6.90
Landscape Wall Sign: A sign attached to a freestanding wall that forms a perimeter or buffer for a landscape feature.			5.6.100
Marquee Signs: Marquee signs are vertical signs that are located either along the face where they project perpendicular to the facade; or at the corner of the building where they project at 45 degree angles.			5.6.110
Freestanding Signs: Freestanding signs encompass a variety of signs that are not attached to a building and have an integral support structure. Three varieties include: Freestanding, Monument and Pole.			5.6.120
Projecting Signs: Projecting signs mount perpendicular to a building's facade. These signs are small, pedestrian scaled, and easily read from both sides. Syn. Blade Sign.			5.6.130
Key
Sidewalk Signs: Sidewalk signs provide secondary signage and may be used to announce daily specials, sales, or point to shops off the sidewalk (i.e., a shop located along a passageway).			5.6.140
Suspended Signs: Suspended signs mount to the underside of beams or ceilings of a porch, gallery, arcade, breezeway or similar covered area. These signs are small, pedestrian scaled, and easily read from both sides.			5.6.150
Wall Signs: Wall signs are signs flat against the facade consisting of individual cut letters applied directly to the building or painted directly on the surface of the building.			5.6.160
Wall Mural Signs: Wall mural signs are flat against the facade and are located on a secondary facade, typically along a side street, alley, or passageway. These signs are typically painted directly on the building and contain a combination of text and graphic elements.			5.6.170
Window Signs: Window signs are professionally painted consisting of individual letters and designs, gold leaf individual letters and designs, applied directly on the inside of a window.			5.6.180
Yard Signs: Yard signs are signs mounted on a porch or in a yard between the public ROW and the building facade.			5.6.190
Key

 

C.

Aggregate Sign Area. Table 5.6.40.B (Aggregate Sign Area) conveys standards regarding the maximum amount of signage permitted on a building, a lot, or as part of a community. In order to establish appropriate parameters, the sign types depicted in Table 5.6.40.A (Sign Types) are further classified as Building Attached or Building Detached signs. Depending upon the type and form utilized, Directional Signs and Yard Signs (indicated with an asterisk) may be characterized as either Building Attached or Building Detached signs.

1.

Building Attached sign types include:

a.

Awning Signs

b.

Canopy Signs

c.

Directional Signs*

d.

Marquee Signs

e.

Projecting Signs

f.

Sidewalk Signs

g.

Suspended Signs

h.

Wall Signs

i.

Wall Mural Signs

j.

Window Signs

k.

Yard Signs*

2.

Building Detached sign types include:

a.

Freestanding (Monument and Pole) Signs

b.

Directional Signs*

c.

Landscape Wall Signs

d.

Yard Signs*

Figure 5.6.40.B: Aggregate Signage Standards for Building Attached Signs based on a 50' x 50' Single-Tenant Building.

(Ord. No. 2015/20, 7-27-15; Ord. No. 2015/32, 11-9-15; Ord. No. 2016/18, 6-27-16; Ord. No. 2021/32, 7-26-21)

A.

Off-Premises Signs/Commercial Billboard Signs. New off-premises signs/commercial billboard signs are prohibited. Digital displays are prohibited on all off-premises signs/commercial billboard signs.

B.

Maintenance Standards For Off-Premises Signs. All off-premises signs must be structurally safe and maintained in a good state of repair, including, but not limited to, the following standards:

1.

The sign face must be maintained free of peeling, chipping, rusting, wearing and fading so as to be fully legible at all times.

2.

Commercial off-premises signs may be maintained only by painting or refinishing the surface of the sign face or sign structure so as to keep the appearance of the sign as it was when originally permitted. Minor modification to the sign face to improve hurricane safety, i.e. "hurricane frames" may be performed as long as the sign foundation is not included so as to improve the structural integrity of the billboard structure in the hurricane safety modification. Upon determination by the Code Enforcement Department and notice to the permittee that a sign has become dilapidated or structurally unsound, such sign shall be removed within 20 days, unless an appeal of such determination has been previously filed with the ZBOA. Such sign shall, thereafter, be removed within 20 days of disposition of such appeal in favor of the council, its agencies, departments, and/or officials. Any structural or other substantive maintenance to a sign shall be deemed an abandonment of the sign, shall render the prior permit void and shall result in removal of the sign without compensation. Costs and expenses of such removal shall be paid by the owner of such sign.

3.

Extension, enlargement, replacement, rebuilding, adding lights to an un-illuminated sign, changing the height of the sign above ground, or re-erection of the sign are prohibited.

4.

Any signs suffering damage in excess of normal wear cannot be repaired without:

a.

Notifying the Code Enforcement Department in writing of the extent of the damage, the reason the damage is in excess of normal wear, and providing a description of the repair work to be undertaken, including the estimated cost of repair; and

b.

Receiving written notice from the Code Enforcement Department authorizing the repair work. If the work authorization is granted, it shall be mailed to the applicant within 30 days of receipt of the information described in Subsection 5.6.50.E.4.a. of this section. Any such sign that is repaired without the department's authorization shall be removed by the County, and the costs and expenses of such removal shall be paid by that person or entity making the unauthorized repairs.

c.

If a sign is partially destroyed by wind or other natural forces, the Director must determine whether to allow the sign to be rebuilt. If the Director determines that the damage to the sign was greater than 50 percent of its replacement cost as of the time of the damage, the sign must be consistent with all current requirements of this chapter.

(Ord. No. 2020/45, 10-26-20; Ord. No. 2021/32, 7-26-21)

A.

Allowed Sign Types. The following types of signs are classified as temporary signs:

1.

Special event signs which are in the nature of noncommercial advertising;

2.

Grand opening, going out of business and sale signs of businesses and services;

3.

Signs for work under construction;

4.

Land subdivision or development signs;

5.

Signs advertising the sale or lease of property upon which they are located; and

6.

Political signs.

a.

On private property along major corridors, freestanding political signs must be no closer than ten (10) feet from the highway right-of-way. Major corridors are US 21, US 17, US 278, SC 170, SC 802, SC 280, SC 46, SC 116, and SC 163. Sign placement on other roads may be placed on property lines.

b.

Political signs may be displayed or erected at any time within an election year. Political candidates are required to obtain a sign permit. All political signs must be removed within 48 hours after the election.

c.

If approval for placement within the state rights-of-way is granted to the political candidates, the candidates shall present the approval whenever they apply for the county permit.

d.

A single permit will allow each candidate to post an unlimited number of signs. Only the candidates whose name will appear on the ballot for an upcoming election may display signs.

e.

Impoundment of Political Signs. See Section 5.6.70.B.

B.

Area, Height, Location.

1.

Area. The total area of temporary signs shall not exceed 80 square feet.

2.

Height. The maximum height of temporary signs shall not exceed ten (10) feet measured from the highest part of any sign or supporting structure and existing ground level except special event promotional banners.

3.

Location. No off-premises temporary sign, except those identified in Subsections 5.6.50.A.5 shall be located nearer than 100 feet to any church, cemetery, public building, historic site or district and intersection of two or more public streets or highways.

C.

Time Limits on Erection.

1.

Special Event Signs. Special event signs may be erected no sooner than 30 days preceding a special event, and shall be removed within 48 hours following the special event. Temporary signs for special events shall be permitted for no more than 32 days at a time. The signs are limited to 4 times a calendar year per site for a total of 128 days.

2.

Grand Opening Signs. Grand opening signs shall be erected for a period not to exceed 30 days.

3.

Work Under Construction Signs. Work under construction signs pertaining to owners, architects, engineers, contractors, development agencies, financial institutions and the like may be erected on the construction site during construction and shall be removed within 30 days following completion of the project.

4.

Announcement of Subdivision of Land. Signs announcing the subdivision of land may be erected on the land being developed and shall be removed when 75 percent of the lots are conveyed or after two years, whichever comes first.

D.

Permits. Unless exempted in Subsection 5.6.10.B.4, temporary signs must be permitted in the same manner as permanent signs.

A.

Display of Permit. All signs for which a permit has been issued shall be in compliance with the following:

1.

Display of Permit Tag. All permit tags issued for the erection of a sign shall be displayed on the sign and shall be readily visible.

2.

Relocation of Permit Tag. Under no circumstances may the permit tag be removed from one sign to another, nor may the sign to which it is attached be relocated to another location.

3.

Return of Permit Tag. If a sign is dismantled, removed or the ownership transferred, the permit tag shall be removed, returned to the Community Development Department and a new application made as appropriate.

4.

Lost or Illegible Permit Tag. If a permit tag is lost, defaced, destroyed or otherwise becomes illegible through normal wear or an act of vandalism, a new application shall be made to the Community Development Department.

B.

Impoundment of Signs.

1.

Signs Subject to Removal without Notice. The Code Enforcement Department shall have the authority to remove, without notice to the owners thereof, and impound for a period of ten days, signs placed within any street or highway right-of-way; signs attached to trees, fence posts, telephone and utility poles, or other natural features; and signs erected without a permit.

2.

Impoundment of Signs Erected without Permit, but Otherwise in Compliance. When a sign requiring a permit under the terms of this Division is erected without a Sign Permit, the Code Enforcement Department shall use the following procedure:

a.

Violation Sticker. The Code Enforcement Department shall issue a Notice of Warning to the owner of the sign that is in violation. The Notice of Warning shall include instructions to call the Code Enforcement Department immediately for permitting compliance.

b.

Failure to Obtain Permit. If the owner of the sign fails to contact the Code Enforcement Department, to bring the sign into conformance with this article and get a permit for the sign, the Code Enforcement Department shall have the sign removed and impounded without any further notice.

C.

Recovery and Disposal of Impounded Signs. The owner of a sign impounded may recover the sign upon the payment of $2.00 for each square foot of such impounded sign, prior to the expiration of the ten-day impoundment period. If it is not claimed within ten days, the Code Enforcement Department shall have authority to either discard or sell the sign.

(Ord. No. 2021/32, 7-26-21)

(Ord. No. 2021/32, 7-26-21)

(Ord. No. 2021/32, 7-26-21)

(Ord. No. 2015/20, 7-27-15; Ord. No. 2015/32, § 1, 11-9-15; Ord. No. 2017/20, 6-26-17; Ord. No. 2021/32, 7-26-21)