10.1.1. Intent and findings. With reference to the Berkeley County Airport—Moncks Corner and to such other airports as county council may designate, it is the intent of county council to enact such restrictions as are necessary to eliminate and prevent the creation of hazards to air navigation.

Specifically, county council finds that the creation or establishment of an obstruction has the potential for endangering the lives and property of users of said airport(s) and property or occupants of land in its vicinity; that an obstruction may reduce the size of areas available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of said airport(s), and the public investment therein. Council thus declares:

A.

That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by said airport(s);

B.

That it is necessary in the interest of the public health, safety and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented;

C.

That the prevention of these obstructions should be accomplished to the extent legally possible by the exercise of the police power without compensation; and

D.

That the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or the marking and lighting of obstructions are public purposes for which the county may raise and expend public funds and acquire land or interests in land.

Based upon these findings, the following restrictions shall apply to the use of land in the areas surrounding airports, as specified in the following paragraphs.

10.1.2. Definitions. As used in this section, unless the context otherwise requires, the following definitions apply:

A.

Airport hazard. Any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft.

B.

Approach surface. A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in section 10.1.4. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

C.

Approach, transitional, horizontal, and conical zones. These zones apply to the area under the approach, transitional, horizontal, and conical surfaces defined on the airport restriction zones map.

D.

Conical surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.

E.

Hazard to air navigation. An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

F.

Height. For the purpose of determining the height limits in all zones set forth in this section, the datum shall be mean sea level elevation unless otherwise specified.

G.

Horizontal surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan, coincides with the perimeter of the horizontal zone.

H.

Larger than utility runway. A runway that is constructed for and intended to be used by propeller-driven or jet-powered aircraft of greater than 12,500 pounds maximum gross weight.

I.

Nonprecision instrument runway. A runway having an existing or planned instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.

J.

Obstruction. Any structure, growth, or other object, including a mobile object that exceeds a limiting height set forth in this ordinance.

K.

Precision instrument runway. A runway having an existing or planned instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR) providing horizontal and vertical guidance. It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

L.

Primary surface. A surface longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is 1,000 feet. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

M.

Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length.

N.

Transitional surfaces. These surfaces extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90-degree angles to the extended runway centerline.

O.

Tree. Any object of natural growth usually depicted as a tall, woody plant.

P.

Visual runway. A runway intended solely for the operation of aircraft using visual approach procedures.

10.1.3. Creation of airport restriction zones. The following zones are established and defined as follows:

A.

Precision instrument runway approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

B.

Runway larger than utility with a visibility greater than three-fourths mile non-precision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

C.

Transitional zone. These zones are hereby established as the area beneath the transitional surfaces. These surfaces extend outward and upward beginning 500 feet each side of the runway centerline at a slope of 7:1 to the primary surface. The runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional zones for those portions of the precision approach zones which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach zones and at 90-degree angles to the extended runway centerline.

D.

Horizontal zone. The horizontal zone is established by swinging arcs of 10,000 feet radii for all runways larger than utility from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

E.

Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet at a slope of 20:1. The conical zone does not include the precision instrument approach zones and the transitional zones.

For the Berkeley County Airport—Moncks Corner, and for such other airports as county council may designate, such zones are shown on an airport restriction zones map, which is incorporated into and made a part of this ordinance.

10.1.4. Use restrictions.

A.

Height restrictions. Maximum allowable heights for structures and trees are established for each airport restriction zone. Notwithstanding other height limitations contained in this ordinance, no structure or tree situated within an airport restriction zone shall exceed the maximum allowable height established for said zone, except as provided for in section 10.1.5 [10.1.6]. Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.

The maximum allowable heights for each zone are as follows:

1.

Precision instrument runway approach zone. Beginning at the (ground) elevation of the primary surface, the maximum height increases one foot upward for each 50 feet outward to a horizontal distance of 10,000 feet along the extended runway centerline; thence increases one foot upward for each 40 feet outward to an additional horizontal distance of 40,000 feet along the extended runway centerline.

2.

Runway larger than utility with a visibility greater than three-fourth mile nonprecision instrument approach zone. Beginning at the (ground) elevation of the primary surface, the maximum height increases one foot upward for each 34 feet outward to a horizontal distance of 10,000 feet along the extended runway centerline.

3.

Transitional zone. Beginning at the (ground) elevation of the sides of the primary and approach surfaces, the maximum height increases one foot upward for each seven feet outward, to a maximum of 150 feet above the airport elevation. In addition to the foregoing, the maximum height increases one foot for each seven feet outward at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, the maximum height increases one foot for each seven feet outward at the sides of and the same elevation as the approach surface and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline from the edge of the approach surface.

4.

Horizontal zone. The maximum height is 150 feet above the airport elevation.

5.

Conical zone. Beginning at 150 feet above the airport elevation, the maximum height increases one foot upward for each 20 feet outward, to a maximum of 350 feet above the airport elevation.

B.

Prohibited activities. No use may be made of land or water within the airport restriction zones, and no activity may be engaged in, that would:

1.

Create electrical interference with navigational signals or radio communication between the airport and aircraft;

2.

Make it difficult for pilots to distinguish between airport lights and other lights;

3.

Result in glare in the eyes of pilots using the airport;

4.

Impair visibility in the vicinity of the airport;

5.

Create bird strike hazards; or

6.

Interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

10.1.5. Marking and lighting. Notwithstanding exceptions or variances to the requirements of this section, the owner of any structure or tree or nonconforming structure or tree that exceeds the maximum height limitations established in section 10.1.3(A) [10.1.4(A)] may be required by Berkeley County to install, operate and maintain such markings and lights as the county may deem necessary to indicate to operators of aircraft the presence of such obstruction in the vicinity of the airport.

10.1.6. Exceptions and variances. Notwithstanding the height limitations established in section 10.1.3(A) [10.1.4(A)], a structure of 35 feet or less in height may be constructed and occupied, if before a certificate of occupancy is issued, the zoning administrator certifies that all necessary markings and lighting have been installed, pursuant to section 10.1.4 [10.1.5], such that the structure will not constitute a hazard to air navigation.

Except as provided in paragraph (1) above, as is required for the construction of any structure that would exceed the maximum height limitations established in section 10.1.3(A) [10.1.4(A)], or for any activity prohibited in section 10.1.3(B) [10.1.4(B)]. Any person desiring a variance from these restrictions shall apply in writing to the board of zoning appeals under the provisions of article 21 (Board of Zoning Appeals) of this ordinance. The application for a variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. Such variance shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that the relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this ordinance. Additionally, no application for Variance to the requirements of this ordinance may be considered by the board of appeals unless a copy of the application has been furnished to the Berkeley County Aeronautics Commission for advice as to the aeronautical effects of the variance. If the aeronautics commission does not respond to the application within 15 days of receipt, the board of appeals may act on its own to grant or deny said application.

Cross reference— Airports and aviation, ch. 5.

10.2.1. Statements of intent. Berkeley County is fortunate to contain a number of structures and properties that have been listed on the National Register of Historic Places (hereafter "Register Listings"). This listing is established and maintained by the United States Department of the Interior. These Register Listings are hereby found to include scenic and culturally important resources of the county, and are found to continue to contribute to the cultural and educational welfare of the citizens of Berkeley County. It is the intent of this ordinance to preserve the integrity of these Register Listings, the scenic and cultural attributes associated with these Register Listings, and the use and enjoyment of these Register Listings by the citizens of Berkeley County and the public at large, as well as any additional properties or structures which may be so designated in the future as Register Listings or as local designated sites.

10.2.2. Permits required. A special area permit shall be required for any development unless specifically exempted. Exemptions include single-family residential uses (including single-family detached, modular housing and manufactured housing per zoning classification of the parcel) when such use does not exceed one unit per parcel on lots of record as of the date of this ordinance; and for only one lot subdivision of a parcel and the zoning administrator determines, in conjunction with the application for a zoning and building permit that the requested change would not have a clear and substantial detrimental impact on the character of the historic district.

Special area permits shall be required when:

A.

The development* would physically alter a Register Listing or local designated site situated in Berkeley County;

B.

That, by the creation of vibration, air emissions, noise or odor, or when the bulk and/or placement of the structure would in all likelihood produce physical alterations in such Register Listing or local designated site, or substantially impair the use and enjoyment of such Register Listing or local designated site by the citizens of Berkeley County; or

C.

For Register Listings or local designated sites situated along the main channel of the east and west branches of the Cooper River as well as the main channel of the Wando and Santee Rivers, which would be visible from ground level of the Register Listing, up or down the riverscape, up to a distance of 2,640 feet from such Register Listing or local designated site.

*For purposes of the section (10.2), development shall mean any structure to be utilized commercially or industrially, or any group of structures that results in a residential subdivision in which lots are created from a large tract(s) on which single-family homes (detached, modular, and manufactures [manufactured] per zoning classification regulations) are planned for construction.

10.2.3. Standards.

A.

For developments for which a special area permit is required under section 10.2.2(A) or (B), the permit application shall specify the proposed development, the activities that would affect, or would in all likelihood affect, the Register Listing or local designated site, and the anticipated scope and magnitude of such affects. The applicant shall demonstrate that the best available development and management practices will be used to minimize adverse impacts on the Register Listing, and shall provide detailed specifications for such practices and the manner in which they will be incorporated into the development. Such best available development and management practices shall be added to the other requirements of this ordinance for the development in question.

B.

For developments for which a special area permit is required under section 10.2.2(C), the following standards shall be added to or, where more stringent, shall replace, the other requirements of this ordinance:

1.

Height limitation. No structure shall be more than three stories in height, or taller than the top of the surrounding tree canopy, whichever is lower.

2.

Removal of trees. Within 100 feet of the edge of the river, or of wetland areas abutting the river, no trees shall be removed except in accordance with a landscape plan, prepared by a registered landscape architect, submitted with the special area permit application and approved by the zoning administrator. The landscape plan shall:

a.

Provide for the maintenance of a tree buffer that screens the development from the Register Listing or local designated site;

b.

Provide for the retention of natural vegetation and topographical features to the maximum extent practicable;

c.

Provide for the planting and maintenance of additional vegetative buffers as needed to effectively screen the development from the Register Listing or local designated site; and

d.

Comply with article 13 [14]: Environmental Performance Standards of this ordinance.

e.

A landscape plan shall not be required for access paths less than 12 feet in width that provide ingress to and egress from the river or wetland area.

10.2.4. Permit procedures.

A.

For developments for which permits are required under this section, no site alteration, including, but not limited to, the cutting of trees, grading and the laying of roads and associated stormwater drainage shall be allowed prior to the issuance of a special area permit.

B.

Whenever the zoning administrator receives a permit application under this [section] that involves a development affecting a Register Listing or local designated site, he shall notify the owner of said Register Listing or local designated site and shall provide said owner the opportunity to submit comments on the proposed development.

C.

Predevelopment review. To prevent harmful impacts from occurring, and to assist developers in meeting the requirements of this ordinance, a predevelopment review of specified types of development will be required before any land altering activity occurs.

1.

Master plan. Where a development is planned to be constructed in stages, and with two or more categories of use groups, the developer shall submit to the zoning administrator a master plan for the entire development. The master plan will:

a.

Show the approximate locations of all major streets, major drainage outfalls and proposed types of land use;

b.

Include topographic and boundary maps;

c.

Include an estimate of traffic generation that will be associated with the development at buildout;

d.

For residential developments, include an estimate of the increase in public school enrollment that will be generated by the development;

e.

Include a description of the proposed water and sewerage systems to serve the development; and

f.

Describe proposed on-site stormwater retention or detention systems, in accordance with guidelines issued by the county engineer and approved by county council.

2.

For purposes of this section, the placement of major infrastructure services for the entire, or substantial portions or, the development, followed by the intensive development of only a portion of the development, will be construed to constitute a development constructed in stages. The zoning administrator will review the master plan and will approve, approve with conditions, or deny approval of the master plan. Approval of a master plan will vest the developer and his successors with the right to develop the complete development in a timely manner as approved by the zoning administrator in accordance with the master plan, as conditioned; provided that:

a.

Master plan approval in no way relieves the developer of the requirement to submit a development plan for each stage of the development, as required in this section;

b.

Any significant differences, including differences in uses, between an approved master plan and a submitted development plan will void the approval of the master plan; in such event, the development plan will be reviewed independently of other submissions, unless the developer submits a revised master plan for review;

c.

Master plan approval shall not be interpreted in any way that would cause any of the standards contained in this ordinance to be exceeded or violated; and

d.

In instances where the zoning administrator can show that drainage or infrastructure systems will be significantly damaged if subsequent stages are developed in accordance with the master plan, the zoning administrator may re-open consideration of the master plan, and the master plan may be modified to prevent such damage from occurring, notwithstanding any vested rights the developer may have under this section.

The zoning administrator must review and act upon a master plan within 90 days of submission of a complete plan that contains all of the elements required in this section. The zoning administrator's action shall be communicated to the developer in writing. If a master plan is disapproved, the zoning administrator must state in writing the reasons for disapproval. The landowner or developer may appeal the zoning administrator's action to the board of adjustment; such appeal must be filed within 15 days of the receipt of notice of such action. Any disapproved master plan may be resubmitted with changes. Following approval of a master plan, predevelopment review is required for each stage of the development, as outlined in paragraphs (3)—(7) below.

3.

Predevelopment review is required for any development that:

a.

Will be developed at densities greater than three units per net acre; or

b.

Will have greater than ten dwellings units at buildout.

c.

Predevelopment review consists of two steps:

i.

Submission of conceptual plans (which are voluntary and advisory, only); and

ii.

Submission and review of a development plan, as outlined in paragraphs (4)—(7) below.

d.

Where development is conducted in stages, in accordance with a master plan as outlined in paragraphs (1)—(2) above, predevelopment review may be conducted separately for each stage of the development, or may be conducted for some or all stages of the development together, as the developer or landowner chooses.

4.

Conceptual plan. A developer or landowner may choose to submit a conceptual plan of his proposed development to the zoning administrator for preliminary review. This step is recommended in order to facilitate development and submission of sound and complete development plans that meet the requirements of the ordinance. However, this step is voluntary on the part of the landowner or developer, and the lack of a conceptual plan shall have no effect on the review of a development plan. The zoning administrator will review and critique submitted conceptual plans within 45 days of submission, and shall communicate to the developer a written, advisory opinion outlining the elements of the conceptual plan which, as submitted, would comply with this ordinance, fail to comply with this ordinance, or fail to provide sufficient information on which to formulate an opinion regarding compliance. Such opinions in no way relieve the developer or landowner of the requirements recording the submission of development plans, as specified below.

5.

Development plan. For developments subject to the predevelopment review requirements, prior to the commencement of development, including any land altering activity, the landowner or developer must submit to the zoning administrator a development plan that:

a.

Identifies and shows the locations of the environmental and natural resources contained on the property. For purposes of the development plan, these resources shall include rivers, streams, creeks and other watercourses; wetlands, including marshes, swamps and natural retention areas; lakes and ponds; habitat of rare or endangered species (both animal and plant) if such information is reasonably available; climax forests; and any other unusual or noteworthy natural feature(s) located on the property;

b.

Identifies and shows the location of noteworthy cultural and archaeological resources if any contained on the property;

c.

Shows proposed streets and lot configurations and includes an estimate of traffic to be generated by the development;

d.

Includes a description of the types and densities of structures to be built on the property, and shows proposed lot lines in residential areas;

e.

Shows and describes all proposed community recreation areas to be located on or adjacent to the property;

f.

Shows proposed new school sites, if any;

g.

Shows all lands proposed for dedication to the county;

h.

Contains a drainage plan prepared by a certified (professional) engineer, that meets the requirements of the Berkeley County subdivision ordinance and any drainage ordinances that may be adopted by county council; and

i.

Describes proposed water and sewerage systems, including an estimate of flows.

6.

The zoning administrator must review and act upon a development plan within 30 days of submission. The zoning administrator may approve, approve with conditions, or disapprove any submitted development plan. The zoning administrator's action shall be communicated to the developer in writing. If a development plan is disapproved, the zoning administrator must state in writing the reasons for the disapproval. The landowner or developer may appeal the zoning administrator's action to the zoning board of appeals; such appeal must be filed within 30 days of the receipt of notice of such action. Any disapproved development plan may be resubmitted with changes. If the zoning administrator fails to act upon a development plan within 30 days of submission, such development plan shall be deemed approved.

a.

The zoning administrator shall develop a set of guidelines and criteria to be used in evaluating development plans. These guidelines and criteria shall be presented to county council for approval, and, once approved, shall be used as the basis for development plan review, including determinations of development conditions and plan disapproval.

b.

For purposes of this section, a development plan will be deemed to be submitted when a complete plan, containing all of the elements required for the type of development in question, has been delivered to the office of the zoning administrator. The zoning administrator shall return all incomplete development plan submissions to the proper parties, with a written notation of the elements that are missing.

7.

Developments must be constructed and developed in accordance with the provisions and conditions included in the approved development plan.

8.

Changes in an approved development plan may be made in the following ways:

a.

For minor changes or modifications, the landowner or developer may submit to the zoning administrator a written statement of the change, with drawings and design specifications as appropriate, together with a request for expedited review. The zoning administrator will act on this request for expedited review within five working days of receipt, and may delegate his review to such on-site inspectors as are provided for under this ordinance. For purposes of this subsection, minor changes or modifications to an approved development plan are limited to:

i.

Reductions in the density per net acre of residential dwelling units on the site; or

ii.

Increases of less than two percent in the density per net acre of residential dwelling units on the site; or

iii.

Increases of less than five percent in the area of impervious surface on the site; or

iv.

For Use Groups 6—23, an increase in floor area of less than ten percent above that contained in the approved development plan.

For developments using the bonus density provision, requests for changes or modifications from an approved development plan may not be submitted for expedited review, but must be submitted under the provisions of subparagraph (b) below.

b.

For all other changes or modifications, and for requests for minor changes that are denied by the zoning administrator under expedited review as authorized under subparagraph (a) above, requests for changes or modifications to an approved development plan must be submitted in accordance with the provisions of paragraph (4) above, and are subject to the same procedural requirements and safeguards as initial development plan submissions.

Notwithstanding any of the provisions of this section, in no instance shall a modification to an approved development plan cause any of the standards contained in this ordinance to be exceeded or violated.

10.2.5. Owner standing. The owner of a structure or property listed on the National Register of Historic Places or a local designated site that may be affected by a development or activity for which a permit is required under this section shall have standing to:

A.

Petition the zoning administrator or the circuit court for Berkeley County for the cessation of any activity for which a special area permit is required but has not been granted under this section; and

B.

Appeal the granting of a special area permit, or the conditions contained in such permit, to the zoning board of appeals under article 21 of this ordinance, and shall be construed to be a person having a substantial interest in the decision of the board of appeals for purposes of section 21.

10.2.6. Maps of Register Listing boundaries. The zoning administrator shall maintain a file for each area within Berkeley County that is designated a Register Listing. Such file shall include a description of the Register Listing, copies of the designation documents and a map showing the Register Listing.

As of 2001 the following National Register sites have been designated in Berkeley County:

A.

Mulberry Plantation, off U.S. Hwy. 52, Moncks Corner vicinity.

B.

St. James Church, Goose Creek, Goose Creek vicinity.

C.

St. Stephen's Episcopal Church, S.C. Hwy. 45, St. Stephen.

D.

Pompion Hill Chapel, near junction of S.C. Hwys. 41 and 402, Huger.

E.

Middleburg Plantation, on the Cooper River, Huger vicinity.

F.

Medway, off U.S. Hwy. 52, Mount Holly vicinity.

G.

Strawberry Chapel and Childsbury Town Site, S.C. Sec. Rd. 44, Mount Holly vicinity.

H.

Calais Milestones, S.C. Sec. Rds. 98 and 44, Cainhoy vicinity.

I.

Lewisfield Plantation, U.S. Hwy. 52, Moncks Corner vicinity.

J.

White Church (St. Thomas and St. Dennis Parish Episcopal Church; Brick Church), S.C. Sec. Rd. 98, Cainhoy vicinity.

K.

Loch Dhu, off S.C. Hwy. 6, Cross vicinity.

L.

Lawson's Pond Plantation, off S.C. Hwy. 6, Cross vicinity.

M.

Biggin Church Ruins (St. John's Parish Church), S.C. Hwy. 402, Moncks Corner vicinity.

N.

Taveau Church, S.C. Sec. Rd. 44, Cordesville vicinity.

O.

Otranto Plantation, 18 Basilica Ave., Hanahan vicinity.

P.

Keller Site, 38BK83, St. Stephen vicinity.

Q.

Richmond Plantation (Girl Scout Plantation), S.C. Sec. Rd. 402, Cordesville vicinity.

R.

Cainhoy Historic District, Cainhoy vicinity.

S.

Santee Canal, Moncks Corner to Pineville vicinities.

T.

Pinopolis Historic District North, Pinopolis.

U.

Pinopolis Historic District South, Pinopolis.

V.

William Robertson House, S.C. Sec. Rd. 5, Pinopolis.

W.

Quinby Plantation House—Halidon Hill Plantation, Huger vicinity.

X.

Otranto Plantation Indigo Vats, S.C. Sec. Rd. 503, Goose Creek vicinity.

Y.

Pineville Historic District, Pineville.

The zoning administrator will keep as possible a current and official list of National Register sites that will serve to determine whether a special area permit is required.

10.2.7. Local designated sites.

A.

Criteria for local designation. Local designation of historic sites serves to designate historic properties on the basis of local criteria and local procedures. This designation shall serve to protect the county's significant properties and areas through local recognition and community planning. Local designation does not qualify a property eligible for state or federal preservation grants.

Berkeley County Council shall review the local inventory of historic properties and make review sites and create a local historic designation list based [on] the following criteria:

1.

Has significant inherent character, interest, or value as part of the development or heritage of the local community, county, state, or nation; or

2.

Is the site of an event significant in history; or

3.

Is associated with a person or persons who contributed significantly to the culture and development of the local community, county, state, or nation; or

4.

Exemplifies the cultural, political, economic, social, ethnic, or historical heritage of the local community, county, state, or nation; or

5.

Individually, or as a collection of resources, embodies distinguishing characteristics of a type, style, period, or specimen in architecture or engineering; or

6.

Is the work of a designer whose work has influenced significantly the development of the local community, county, state, nation; or

7.

Contains elements of design, detail, materials, or craftsmanship which represent a significant innovation; or

8.

Is part of or related to a square or other distinctive element of community planning; or

9.

Represents an established and familiar visual feature of the neighborhood or community; or

10.

Has yielded, or may be likely to yield, information important in pre-history or history.

B.

Owner notification. Owners of properties proposed to be designated historic shall be notified in writing 30 days prior to consideration by county council. Owners may appear before county council to voice approval or opposition to such designation.

C.

Identification of locally designated sites. The zoning administrator will keep a current and official list of locally designated sites that will serve to determine whether a special area permit is required.

D.

Opposition to designation. Any property owner may object to the decision by county council to designate his property as historic by filing suit against Berkeley County before the courts of the State of South Carolina.

10.3.1.

Purpose. The purpose of this subchapter is to preserve and enhance the appearance and operational characteristics of arterial roads within Berkeley County.

10.3.2.

Definition. The "arterial road development standards overlay district" is defined as the area of land along major arterial roads within Berkeley County. These regulations will apply to all parcels, properties, tracts and developments with frontages along I-26 and I-26 Frontage Roads, I-526 and I-526 Frontage Roads, US Hwy. 17A, US Hwy. 52, US Hwy. 176, SC Hwy. 6, SC Hwy. 27, SC Hwy. 41, SC Hwy. 45, SC Hwy. 311 and SC Hwy. 402, SC Hwy. 78, Cane Bay Boulevard and Extensions, College Park Road, Clements Ferry Road (S-8-33), Henry Brown Boulevard (Hwy. 136), Jedburg Road (S-8-16), Liberty Hall Road (Hwy. 529), Parkway West (Hwy. 17 N Sheep Island Parkway Connector), Old Hwy. 52, Red Bank Road, Rembert Dennis Boulevard, Sangaree Parkway, Sheep Island Parkway; and measured along all intersecting public road frontages for a distance to the nearest property line beyond 300 feet from the intersection with I-26 and I-26 Frontage Roads, I-526 and I-526 Frontage Roads, US Hwy. 17A, US Hwy. 52, US Hwy. 176, SC Hwy. 6, SC Hwy. 27, SC Hwy. 41, SC Hwy. 45, SC Hwy. 311 and SC Hwy. 402, SC Hwy. 78, Cane Bay Boulevard and Extensions, College Park Road, Clements Ferry Road (S-8-33), Henry Brown Boulevard (Hwy. 136), Jedburg Road (S-8-16), Liberty Hall Road (Hwy. 529), Parkway West (Hwy. 17 N Sheep Island Parkway Connector), Old Hwy. 52, Red Bank Road, Rembert Dennis Boulevard, Sangaree Parkway, and Sheep Island Parkway.

10.3.3.

Signage. The following types of signs are permitted, provided:

1.

The conditions attached thereto are met;

2.

Required setbacks for the sign type are met;

3.

The sign is installed in accordance with the structural and safety requirements of the building code, and a building permit is obtained, if applicable.

(A)

Permanent freestanding signs.

1.

A property or development will be permitted only one ground-type sign, except that double frontage lots with more than 500 feet of frontage on each of two major highways will be permitted a second freestanding sign with a total message area not to exceed 50 percent of that allowed for the first sign and located a minimum of 250 feet from the adjacent sign located on the double frontage lot. Distance will be measured from the outer edge of the sign and/or supporting structure.

2.

These standards include properties with multiple detached structures, except that outparcels which in themselves meet the minimum road frontage requirements for a lot in the applicable zoning classification and will be permitted one ground-type sign. Outparcels will not be deemed to overlap or to share frontage or area in any way with other outparcels or with the larger property of which they are a part. Outparcel(s) which would reduce the road frontage of a double frontage lot would not be approved without removal of the additional sign permitted herein.

3.

On a developed lot without road frontage, one ground-type sign will be permitted. The signs will not exceed ten feet in height and 50 square feet in message area. The sign will be located on the adjacent lot which has road frontage on the road where the ingress and egress for the business is located, and written permission will be obtained from the property owner of the road frontage lot.

4.

Banners are only permitted as temporary freestanding signs when they are noncommercial signs calling attention to events of general civic interest.

5.

No freestanding sign will be nearer than 75 feet to any other freestanding sign or within any access sight triangle.

6.

The message area of a sign includes, for example, the name(s) and logo(s) of the business(es) and/or the principal product or service; other copy; background, including any internally lighted area; borders; projections; and salients.

6.[7]

The maximum single message area permitted will be applied to the area of the plane view (elevation) of the largest single-message area of the sign, when the area is enclosed by the shortest perimeter encompassing all the parts of the message area, exclusive of the supports.

7.[8]

Sign area will be the area of the plane view (elevation) of the largest single-side of the sign when the area is enclosed by the shortest perimeter encompassing the message area and the area of the supporting or decorative structure.

The following table contains sign specifications by size and type of development:

Sign Specification Allowances*

* Specifications: All signs must be ground-type identification signs.

A.

Maximum total message area in square feet combining all message areas.

B.

Maximum single message area in square feet.

C.

Maximum height of the sign base above grade in linear feet. The sign base is the portion of the supporting structure of the sign below the lowest point on any message area. The sign base must equal the width of the sign.

D.

Maximum total height of the sign in linear feet including the height of the supporting structure of the sign and all message areas of the sign.

E.

Maximum total width of the sign in linear feet including the width of the supporting structure of the sign.

** Sizes and Types of Developments:

(1)

Major commercial. A development containing 45,000 or more square feet of commercial floor space.

(2)

Secondary commercial. A development containing 15,000 square feet of commercial floor space or more, but less than 45,000 square feet of commercial floor space.

(3)

Minor commercial. A development containing 5,000 square feet of commercial floor space or more, but less than 15,000 square feet of commercial floor space.

(4)

Small commercial. A development containing less than 5,000 square feet of commercial floor space.

(5)

Major residential. A development containing 300 or more residential units.

(6)

Secondary residential. A development containing 150 or more, but less than 300 residential units.

(7)

Minor residential. A development containing less than 150 residential units.

Commercial floor space will include all usable, completely enclosed, interior floor space area under roofs in the principal building or buildings on the lot. It will not include floor space in accessory buildings or exterior floor space under roofs.

(B)

Wall signs. Wall signage is permitted at the rate of one square foot of signage per linear foot of building width of that wall to which the signs are attached. No single wall sign may exceed 200 square feet. The aggregate wall signage plus window signage will not exceed 20 percent of that wall area to which the signs are attached.

(C)

Temporary wall signs. Temporary wall signs will be permitted provided:

1.

No more than one sign may be displayed at any one time, and no more than six during any 12-month period.

2.

The area of each temporary wall sign will not exceed 12 square feet.

3.

Banners are permitted as temporary commercial signs only when used as wall signs. Examples are banners advertising "Grand Opening," "Sale" or "Going Out of Business."

4.

Temporary signs may be displayed for up to a total of 30 consecutive days.

(D)

Sign illumination. Externally lighted signs will be illuminated by "white," steady, stationary lights and will not have light-reflecting backgrounds, but may have light-reflecting lettering. LED and/or electronic message boards are permitted provided:

(1)

Automatic sign brightness adjustment devices or photocells are installed so that the sign will not negatively impact adjacent property uses or create a traffic hazard, and

(2)

The material displayed must cycle at a rate of not less than eight seconds, and

(3)

Transition of displayed material must be instantaneous without creating the appearance of flashing, movement or animation.

10.3.4.

Bufferyards. The following standards are in addition to the bufferyard requirements contained within this chapter. These standards do not apply to single-family residential lots.

(A)

Street bufferyard. The required minimum area for bufferyards shall be measured toward the interior of the property from the road right-of-way of streets and will be 20 feet in width. Four understory trees, two canopy trees, and 12 shrubs will be planted per 100 linear feet of road frontage. All trees must be a minimum of six feet tall and two inches in caliper measured one foot from ground level at installation.

(B)

Bufferyards; all others. Required bufferyards along perimeter property lines will conform to the standards listed in the bufferyard requirements of this chapter.

(C)

Mature tree retention. Mature tree protection fencing will be erected prior to any construction activity to provide protection for any existing trees within required bufferyards. All existing deciduous trees, located inside a required bufferyard, with a size greater than four inches in diameter measured four and one-half feet from ground level must be preserved unless the zoning administrator approves, in advance, the removal of the trees.

(D)

Maintenance. Required buffers will not be disturbed for any reason except for permitted signs, driveways, sidewalks, or other pedestrian or bicycle paths, walls, fences, or required landscaping, landscaping maintenance and replacement, or maintenance and construction of utility lines and drainage features that cross the bufferyard.

Where utility or drainage easements exist along property lines, the buffer shall be located adjacent to the easement and may be reduced by the width of the easement on the property where the buffer is required or 25 percent of the required buffer width, whichever is smaller.

10.3.5.

Off-street parking. The following standards are in addition to the off-street parking requirements of this article:

(A)

Definitions. For the purpose of these regulations, an off-street parking space is an asphalt or concrete area, not in a street, alley, or in front of a garage entrance, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by an asphalt or concrete driveway which affords ingress and egress, except that these regulations will not apply to single-family detached dwellings or manufactured homes (outside of parks).

Alternative engineered porous paving surfaces may be approved by the Berkeley County Planning and Zoning Administrator and the Berkeley County Engineer.

Additionally, permitted small businesses and multifamily projects in any zoning district will be exempt from paving when the following conditions are met:

(1)

The required number of parking spaces is ten or less;

(2)

The required handicap parking spaces, walkways, and driveway apron are paved;

(3)

Any future expansion or change in use dictating more than ten required parking spaces will require the developer to pave all required parking and access drives, existing and proposed.

(B)

Dimensions. Parking stalls will be not less than nine feet by 19 feet. The length may be reduced by two feet when protective devices (curbing or curb stops) are provided. However, the overhang will not extend into the required bufferyards, required landscaped areas, required accessibility or other similar areas. However, the dimensions of all parallel parking stalls will not be less than nine feet by 24 feet. Handicapped parking stalls will not be less than eight feet by 19 feet with a five-foot aisle separation (13 feet by 19 feet overall). All parking spaces will be located so as to insure adequate off-street maneuvering space.

(C)

Access identification/separation. Approved barriers will be provided along boundaries to control entrance and exit of vehicles or pedestrians. Off-street parking spaces will be separated from walkways, sidewalks, streets, alleys and required yards by a wall, fence, or curbing.

(D)

Landscaping/maintenance. Ten percent of the developed area (paved, gravel, building areas) will be open and landscaped in a manner as to divide and break up the expanse of paving with islands and barriers. These areas must be located throughout the parking area and cannot be placed around the parking lot perimeter unless approved by the board of zoning appeals.

For every ten required off-street parking spaces, a minimum of one tree and three shrubs, 18 inches in height at installation, must be planted within each of the required islands and barriers of the parking area. All trees will be a minimum of six feet tall and two inches in caliper, measured one foot from ground level at installation.

Off-street parking areas will be maintained in a clean, orderly, and weed-free condition at the expense of the owner or lessee and not used for the sale, repair or dismantling or servicing of any vehicles or equipment, except for service and auto repair stations.

(E)

Lighting. Adequate lighting will be provided if off-street parking spaces are to be used at night. Equipment for lighting parking facilities will be arranged so that light does not interfere with traffic, is shielded or directed away from adjoining residences, and produces no glare across residential property boundaries.

(F)

Marking. Parking spaces in lots of more than ten spaces will be marked by painted lines to indicate individual spaces. Signs or markers, as approved by the zoning administrator, will be used as necessary to insure efficient traffic operation of the lot. All parking facilities, except single-family detached and duplex dwellings, will be designed so that all existing movements onto a public street are in a forward motion.

(G)

Loading docks and dumpsters. Loading docks and dumpsters will be screened from the view of the arterial traffic flow.

10.3.6.

Road corridor preservation. No building, structure, or facility shall be erected, constructed, reconstructed, moved, added to, or structurally altered so as to impact the minimum right-of-way needed to preserve a corridor for road widening and improvement projects established through the Berkeley County Transportation Sales Tax Program, the Berkeley County Capital Improvements Plan, the Charleston Regional Area Transportation Study Transportation Improvement Program, or any anticipated SCDOT and federal highway transportation project.

When a future alignment for a road improvement has been established by the appropriate reviewing agency, the setback and bufferyard requirements shall be applied to the approved alignment. Where an alignment for expanding an existing road or highway has not been determined, no construction or development shall occur on properties within the limits of the projected corridor until a final alignment has been determined by the appropriate agency or until the Berkeley County Planning and Zoning Department and the Berkeley County Engineering Department has determined that the proposed construction or development will not have a negative impact on the future alignment or corridor.

When a future alignment or improvement will require the acquisition of right-of-way from a parcel that will reduce the parcel's minimum lot size below the zoning district's minimum lot size requirement the plat may be approved for recordation without the need for a variance by the board of zoning appeals. The future development of vacant lots or the redevelopment of parcels must meet all other appropriate development standards for the zoning district and the use of the property or variances granted by the board of zoning appeals.

10.3.7.

Grandfather clause. These standards are in addition to the nonconforming uses section of this chapter. The construction of a new principal structure or the conversion of an existing structure into a nonresidential permitted use will require the property to be brought into compliance with the requirements contained herein.

(Ord. No. 09-11-55, 11-23-2009; Ord. No. 10-10-34, 10-25-2010)