Single Family Residential District

5.1.1. Intent.

A.

The R1 single-family district is intended to implement the land use goals of the residential growth areas within urbanizing areas in the unincorporated portions of Berkeley County.

B.

This district is intended to:

1.

Permit development of moderate density residential communities.

2.

Encourage urban communities to develop in a manner that minimizes sprawl patterns.

3.

Encourage efficient development patterns and use of in-fill development.

4.

Protect development in residential growth areas from infiltration of incompatible land uses.

5.

Provide for the development of recreational, religious, and educational facilities as basic elements of a balanced residential area.

6.

Permit the location of needed community facilities in support of residential development.

5.1.2. Location. This district shall be applied in the residential growth areas mapped on the future land use map in the comprehensive plan. R1 residential densities require public water and sewer. Application of this district should be limited to areas planned for or served by public water and sewer.

USES

5.1.3. Permitted uses. The following uses are permitted within the R1 single-family district:

A.

Recreation uses.

1.

Golf course.

2.

Indoor recreation.

3.

Outdoor recreation, active.

4.

Outdoor recreation, passive.

B.

Institutional uses.

1.

Assembly and worship.

2.

Government offices, public services, and local utilities.

3.

School, neighborhood and community.

C.

Residential uses.

1.

Single-family detached.

5.1.4. Accessory uses. Accessory uses are permitted as a detached structure or use subordinate to the main building or classification that is used for purposes customarily incidental to the principal use. Accessory uses shall not exceed 65 percent of the size of the principal classification.

The following uses are permitted as accessory uses within the R1 single-family district:

A.

Residential.

1.

Fences and walls;

2.

Garages, carports, and off-street parking;

3.

Guesthouse, gate houses and guard houses;

4.

Playhouses, patios, cabanas, porches, gazebos, and incidental household storage buildings;

5.

Radio and television receiving antennas;

6.

Recreational and play facilities for the use of residents;

7.

Tennis courts, swimming pools, and hot tubs;

8.

Other necessary and customary uses determined by the zoning administrator to be appropriate, incidental and subordinate to the principal use of the property, subject to compliance with any development and performance standards imposed by the planning department as a means of ensuring land use compatibility.

B.

Institutional and civic.

1.

Refreshment stands and food and beverage sales located in uses involving public assembly;

2.

Cafeterias, dining halls, and similar food services when operated primarily for the convenience of employees, residents, clients, patients, or visitors to the principal use;

3.

Gift shops, newsstands, and similar commercial activities operated primarily for the convenience of employees, residents, clients, patients, or visitors to the principal use;

4.

Recreation areas and facilities for the use of the employees;

5.

Other necessary and customary uses determined by the zoning administrator to be appropriate, incidental and subordinate to the principal use of the property, subject to compliance with any development and performance standards imposed by the planning department as a means of ensuring land use compatibility.

5.1.5. Uses permitted with conditions. The following uses are permitted as conditional uses within the R1 single-family district. All listed conditions shall be demonstrated prior to permit approval. See article 11 for the procedure for approval of conditional uses.

A.

Agricultural uses.

1.

Residential chickens.

a.

All conditions and regulations found in article 11.3.4 shall be met prior to permit approval.

B.

Institutional uses.

1.

Family day care home.

a.

All conditions and regulations found in article 11.6 shall be met prior to permit approval.

C.

Residential uses.

1.

Home occupation.

a.

Permitted as accessory use only.

b.

All conditions and regulations found in article 11.9 shall be met prior to permit approval.

5.1.6. Special exceptions. The following uses are permitted as special exception uses within the R1 single-family district. See article 11 for the procedure for approval of special exception uses.

A.

Commercial uses.

1.

Bed and breakfast. In addition to the conditions and regulations found in article 11.4, the board of zoning appeals shall determine whether the proposed special exception meets the following criteria:

a.

Meets the goals of the comprehensive plan.

b.

Adequate parking is provided on-site and not within the required front yard.

c.

This use is limited to structures at least 50 years old or structures with an identifiable architectural style.

d.

Proposal shall demonstrate that use will not disrupt residential nature of the surrounding neighborhood.

5.1.7. Prohibited uses. The following uses are prohibited within the R1 single-family district.

1.

Mobile home park.

2.

All uses not listed as permitted are prohibited.

LOT AND BUILDING STANDARDS

5.1.8. Lot requirements.

A.

Minimum lot size.

1.

Public water and sewer available: 14,000 square feet.

2.

Only public sewer available: 14,000 square feet.

3.

Only public water available: 14,000 square feet.

4.

Individual wells and septic tanks: 30,000 square feet.

B.

Minimum lot frontage.

1.

Standard lot: 20 feet.

2.

Corner lot: 40 feet.

C.

Maximum lot development: One primary residential unit/parcel.

D.

Clustering of lots may be permitted by the procedures outlined in Article 13 of the Zoning and Development Standards Ordinance.

E.

Bonus density may be allowed as set forth in article 13: Bonus Density.

5.1.9. Minimum yard requirements.

*

This is the minimum setback required for open drainage ditch and/or stormwater pond easement lines (excluding swales).

†

This is the minimum setback from any ingress/egress easement.

Accessory structures are permitted in the rear and side yards only with minimum five-foot setbacks from the side and rear property lines or ingress/egress easements, whichever is greater. If the accessory structure is placed in that portion of the yard that fronts a second street frontage of the property, the setback from the second street frontage property line for the accessory structure is the required second street frontage setback for the primary structure.

5.1.10. Building requirements.

A.

Impervious coverage: 50 percent maximum.

B.

Building height: Less than 40 feet to the highest part of the structure. The height limits contained in the airport overlay district, as regulated by article 10, may apply additional height limitations to a specific piece of property.

SITE STANDARDS

5.1.11. Parking standards. All uses within this district shall conform to the standards outlined in article 15: Off-Street Parking Requirements.

5.1.12. Bufferyard standards. All uses within this district shall conform to the standards outlined in article 17: Bufferyards. Unless expressly exempted, the buffering standards of this ordinance shall apply to all new nonresidential development and all new residential major subdivisions (15 or more lots).

(Ord. No. 04-11-68, 11-23-2004; Ord. No. 05-08-58, 8-29-2005; Ord. No. 09-04-16, 4-13-2009; Ord. No. 10-08-24, 8-23-2010; Ord. No. 11-04-02, 4-25-2011; Ord. No. 15-01-01, 1-26-2015)

5.2.1. Intent.

A.

The R1-MM multisection manufactured residential district is intended to implement the land use goals of the residential growth areas within urbanizing areas in the unincorporated portions of Berkeley County.

B.

This district is intended to:

1.

Permit the placement of multisectional manufactured homes within the district.

2.

Permit development of moderate density residential communities.

3.

Encourage urban communities to develop in a manner that minimizes sprawl patterns.

4.

Encourage efficient development patterns and use of in-fill development.

5.

Protect development in residential growth areas from infiltration of incompatible land uses.

6.

Provide for the development of recreational, religious, and educational facilities as basic elements of a balanced residential area.

7.

Permit the location of needed community facilities in support of residential development.

5.2.2. Location. This district shall be applied in the residential growth areas mapped on the future land use map in the comprehensive plan. R1-MM residential densities require public water and sewer. Application of this district should be limited to areas planned for or served by public water and sewer.

USES

5.2.3. Permitted uses. The following uses are permitted within the R1-MM multisection manufactured residential district:

A.

Recreation uses.

1.

Indoor recreation.

2.

Golf course.

3.

Outdoor recreation, active.

4.

Outdoor recreation, passive.

B.

Institutional uses.

1.

Assembly and worship.

2.

Government offices, public services, and local utilities.

3.

School, neighborhood and community.

C.

Residential uses.

1.

Single-family detached.

5.2.4. Accessory uses. Accessory uses are permitted as a detached structure or use subordinate to the main building or classification that is used for purposes customarily incidental to the principal use. Accessory uses shall not exceed 65 percent of the size of the principal classification.

The following uses are permitted as accessory uses within the R1-MM multisection manufactured residential district:

A.

Residential.

1.

Fences and walls;

2.

Garages, carports, and off-street parking;

3.

Guesthouses, gate houses and guard houses;

4.

Playhouses, patios, cabanas, porches, gazebos, and incidental household storage buildings;

5.

Radio and television receiving antennas;

6.

Recreational and play facilities for the use of residents;

7.

Tennis courts, swimming pools, and hot tubs;

8.

Other necessary and customary uses determined by the zoning administrator to be appropriate, incidental and subordinate to the principal use of the property, subject to compliance with any development and performance standards imposed by the planning department as a means of ensuring land use compatibility.

B.

Institutional and civic.

1.

Cemetery;

2.

Refreshment stands and food and beverage sales located in uses involving public assembly;

3.

Cafeterias, dining halls, and similar food services when operated primarily for the convenience of employees, residents, clients, patients, or visitors to the principal use;

4.

Gift shops, newsstands, and similar commercial activities operated primarily for the convenience of employees, residents, clients, patients, or visitors to the principal use;

5.

Recreation areas and facilities for the use of the employees;

6.

Other necessary and customary uses determined by the zoning administrator to be appropriate, incidental and subordinate to the principal use of the property, subject to compliance with any development and performance standards imposed by the planning department as a means of ensuring land use compatibility.

5.2.5. Uses permitted with conditions. The following uses are permitted as conditional uses within the R1-MM multisection manufactured residential district. All listed conditions shall be demonstrated prior to permit approval. See article 11 for the procedure for approval of conditional uses.

A.

Agricultural uses.

1.

Residential chickens.

a.

All conditions and regulations found in article 11.3.4 shall be met prior to permit approval.

B.

Institutional uses.

1.

Family day care home.

a.

All conditions and regulations found in article 11.6 shall be met prior to permit approval.

C.

Residential uses.

1.

Manufactured home.

a.

Manufactured home shall be a doublewide, or a multi-section, manufactured home.

b.

Minimum size. Manufactured home shall consist of two or more sections, for assembly at the building site.

c.

Exterior siding. Wood, hardboard, vinyl, brick, or aluminum and shall be comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction.

d.

Roofing material. Type of shingle that is commonly used in standard residential construction.

e.

Skirting. Continuous permanent brick foundation or curtain wall, continuous except for ventilation and access, shall be installed upon a poured concrete footing after placement on the lot, and before occupancy.

f.

The tongue, axles, transporting lights, and removable towing apparatus must be removed after placement on the lot and before occupancy.

g.

Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in a manner commonly used in standard residential construction and attached firmly to the primary structure and anchored securely to the ground.

2.

Home occupation.

a.

Permitted as accessory use only.

b.

All conditions and regulations found in article 11.9 shall be met prior to permit approval.

5.2.6. Special exceptions. (Reserved)

5.2.7. Prohibited uses. The following uses are prohibited within the R1-MM multi-section manufactured residential district.

1.

Mobile home park.

2.

All uses not listed as permitted are prohibited.

LOT AND BUILDING STANDARDS

5.2.8. Lot requirements.

A.

Minimum lot size.

1.

Public water and sewer available: 14,000 square feet.

2.

Only public sewer available: 14,000 square feet.

3.

Only public water available: 14,000 square feet.

4.

Individual wells and septic tanks: 30,000 square feet.

B.

Minimum lot frontage.

1.

Standard lot: 20 feet.

2.

Corner lot: 40 feet.

C.

Maximum lot development: One primary residential unit/parcel.

D.

Clustering of lots may be permitted by the procedures outlined in Article 13 of the Zoning and Development Standards [Ordinance].

E.

Bonus density may be allowed as set forth in article 13: Bonus Density.

5.2.9. Minimum yard requirements.

*

This is the minimum setback required for open drainage ditch and/or stormwater pond easement lines (excluding swales).

†

This is the minimum setback from any ingress/egress easement.

Accessory structures are permitted in the rear and side yards only with minimum five-foot setbacks from the side and rear property lines or ingress/egress easements, whichever is greater. If the accessory structure is placed in that portion of the yard that fronts a second street frontage of the property, the setback from the second street frontage property line for the accessory structure is the required second street frontage setback for the primary structure.

5.2.10. Building requirements.

A.

Impervious coverage: 50 percent maximum.

B.

Building height: Less than 40 feet to the highest part of the structure. The height limits contained in the airport overlay district, as regulated by article 10, may apply additional height limitations to a specific piece of property.

SITE STANDARDS

5.2.11. Parking standards. All uses within this district shall conform to the standards outlined in article 15: Off-Street Parking Requirements.

5.2.12. Bufferyard standards. All uses within this district shall conform to the standards outlined in article 17: Bufferyards. Unless expressly exempted, the buffering standards of this ordinance shall apply to all new nonresidential development and all new residential major subdivisions (15 or more lots).

(Ord. No. 04-11-68, 11-23-2004; Ord. No. 05-08-58, 8-29-2005; Ord. No. 09-04-16, 4-13-2009; Ord. No. 10-08-24, 8-23-2010; Ord. No. 11-04-02, 4-25-2011; Ord. No. 15-01-01, 1-26-2015)

5.3.1. Intent.

A.

The R2 manufactured residential district is intended to implement the land use goals of the residential growth areas and rural villages within urbanizing areas in the unincorporated portions of Berkeley County.

B.

This district is intended to:

1.

Allow manufactured housing in higher density residential areas where public facilities and services are available.

2.

To make lower cost housing an available option in designated portions of the county.

3.

Encourage urban communities to develop in a manner that minimizes sprawl patterns.

4.

Encourage efficient development patterns and use of in-fill development.

5.

Minimize development problems in urban areas where infrastructure such as transportation facilities and public water and sewer are either absent or inadequate.

6.

Protect development in residential growth areas from infiltration of incompatible land uses.

7.

Provide for the development of recreational, religious, and educational facilities as basic elements of a balanced residential area.

8.

Permit the location of needed community facilities in support of residential development.

5.3.2. Location. This district shall be applied in the residential growth areas and rural villages mapped on the future land use map in the comprehensive plan.

USES

5.3.3. Permitted uses. The following uses are permitted within the R2 manufactured residential district:

A.

Recreation uses.

1.

Golf course.

2.

Indoor recreation.

3.

Outdoor recreation, active.

4.

Outdoor recreation, passive.

B.

Institutional uses.

1.

Assembly and worship.

2.

Government offices, public services, and local utilities.

3.

School, neighborhood and community.

C.

Residential uses.

1.

Single-family detached.

2.

Manufactured home.

5.3.4. Accessory uses. Accessory uses are permitted as a detached structure or use subordinate to the main building or classification that is used for purposes customarily incidental to the principal use. Accessory uses shall not exceed 65 percent of the size of the principal classification.

The following uses are permitted as accessory uses within the R2 manufactured residential district:

A.

Residential.

1.

Fences and walls;

2.

Garages, carports, and off-street parking;

3.

Guesthouses, gate houses and guard houses;

4.

Playhouses, patios, cabanas, porches, gazebos, and incidental household storage buildings;

5.

Radio and television receiving antennas;

6.

Recreational and play facilities for the use of residents;

7.

Tennis courts, swimming pools, and hot tubs;

8.

Other necessary and customary uses determined by the zoning administrator to be appropriate, incidental and subordinate to the principal use of the property, subject to compliance with any development and performance standards imposed by the planning department as a means of ensuring land use compatibility.

B.

Institutional and civic.

1.

Cemetery;

2.

Refreshment stands and food and beverage sales located in uses involving public assembly;

3.

Cafeterias, dining halls, and similar food services when operated primarily for the convenience of employees, residents, clients, patients, or visitors to the principal use;

4.

Gift shops, newsstands, and similar commercial activities operated primarily for the convenience of employees, residents, clients, patients, or visitors to the principal use;

5.

Recreation areas and facilities for the use of the employees;

6.

Other necessary and customary uses determined by the zoning administrator to be appropriate, incidental and subordinate to the principal use of the property, subject to compliance with any development and performance standards imposed by the planning department as a means of ensuring land use compatibility.

5.3.5. Uses permitted with conditions. The following uses are permitted as conditional uses within the R2 manufactured single-family residential district. All listed conditions shall be demonstrated prior to permit approval. See article 11 for the procedure for approval of conditional uses.

A.

Agricultural uses.

1.

Residential chickens.

a.

All conditions and regulations found in article 11.3.4 shall be met prior to permit approval.

B.

Institutional uses.

1.

Family day care home.

a.

All conditions and regulations found in article 11.6 shall be met prior to permit approval.

C.

Residential uses.

1.

Home occupation.

a.

Permitted as accessory use only.

b.

All conditions and regulations found in article 11.9 shall be met prior to permit approval.

5.3.6. Special exceptions. (Reserved)

5.3.7. Prohibited uses. The following uses are prohibited within the R2 manufactured residential district.

1.

Mobile home park.

2.

All uses not listed as permitted are prohibited.

LOT AND BUILDING STANDARDS

5.3.8. Lot requirements.

A.

Minimum lot size.

1.

Public water and sewer available: 14,000 square feet.

2.

Only public sewer available: 14,000 square feet.

3.

Only public water available: 14,000 square feet.

4.

Individual wells and septic tanks: 30,000 square feet.

B.

Minimum lot frontage.

1.

Standard lot: 20 feet.

2.

Corner lot: 40 feet.

C.

Clustering of lots may be permitted by the procedures outlined in Article 13 of the Zoning and Development Standards Ordinance.

D.

Bonus density may be allowed as set forth in article 13: Bonus Density.

5.3.9. Density regulations.

A.

Maximum lot development: One primary residential unit/parcel.

5.3.10. Minimum yard requirements.

*

This is the minimum setback required for open drainage ditch and/or stormwater pond easement lines (excluding swales).

†

This is the minimum setback from any ingress/egress easement.

Accessory structures are permitted in the rear and side yards only with minimum five-foot setbacks from the side and rear property lines or ingress/egress easements, whichever is greater. If the accessory structure is placed in that portion of the yard that fronts a second street frontage of the property, the setback from the second street frontage property line for the accessory structure is the required second street frontage setback for the primary structure.

5.3.11. Reserved.

5.3.12. Building requirements.

A.

Impervious coverage: 50 percent maximum.

B.

Building height: Less than 40 feet to the highest part of the structure. The height limits contained in the airport overlay district, as regulated by article 10, may apply additional height limitations to a specific piece of property.

SITE STANDARDS

5.3.13. Parking standards. All uses within this district shall conform to the standards outlined in article 15: Off-Street Parking Requirements.

5.3.14. Bufferyard standards. All uses within this district shall conform to the standards outlined in article 17: Bufferyards. Unless expressly exempted, the buffering standards of this ordinance shall apply to all new nonresidential development and all new residential major subdivisions (15 or more lots).

(Ord. No. 04-11-68, 11-23-2004; Ord. No. 05-08-58, 8-29-2005; Ord. No. 09-04-16, 4-13-2009; Ord. No. 10-08-24, 8-23-2010; Ord. No. 11-04-02, 4-25-2011; Ord. No. 15-01-01, 1-26-2015)

5.4.1. Intent.

A.

The R3 mobile home park district is intended to implement the land use goals of the residential growth areas within urbanizing areas in the unincorporated portions of Berkeley County.

B.

This district is intended to:

1.

Regulate the location of mobile homes in the county.

2.

Allow manufactured housing in higher density residential areas only where needed public facilities and services are available.

3.

Minimize development problems in urban areas where infrastructure such as transportation facilities and public water and sewer are either absent or inadequate.

4.

Encourage urban communities to develop in a manner that minimizes sprawl patterns.

5.

Encourage efficient development patterns and use of in-fill development.

6.

Protect development in residential growth areas from infiltration of incompatible land uses.

7.

Provide for the development of recreational, religious, and educational facilities as basic elements of a balanced residential area.

8.

Permit the location of needed community facilities in support of residential development.

5.4.2. Location. This district shall be applied in the residential growth areas mapped on the future land use map in the comprehensive plan. R3 residential densities require public water and sewer. Application of this district should be limited to areas planned for or served by public water and sewer.

USES

5.4.3. Permitted uses. The following uses are permitted within the R3 mobile home park district:

A.

Recreation and amusement uses.

1.

Golf course.

2.

Indoor recreation.

3.

Outdoor recreation, active.

4.

Outdoor recreation, passive.

B.

Institutional uses.

1.

Assembly and worship.

2.

Government offices, public services, and local utilities.

3.

School, neighborhood and community.

C.

Residential uses.

1.

Single-family detached.

2.

Manufactured home.

5.4.4. Accessory uses. Accessory uses are permitted as a detached structure or use subordinate to the main building or classification that is used for purposes customarily incidental to the principal use. Accessory uses shall not exceed 65 percent of the size of the principal classification.

The following uses are permitted as accessory uses within the R3 mobile home park district:

A.

Residential.

1.

Fences and walls;

2.

Garages, carports, and off-street parking;

3.

On-site office;

4.

Guesthouses, gate houses and guard houses;

5.

Playhouses, patios, cabanas, porches, gazebos, and incidental household storage buildings;

6.

Radio and television receiving antennas;

7.

Recreational and play facilities for the use of residents;

8.

Tennis courts, swimming pools, and hot tubs;

9.

Other necessary and customary uses determined by the zoning administrator to be appropriate, incidental and subordinate to the principal use of the property, subject to compliance with any development and performance standards imposed by the zoning administrator as a means of ensuring land use compatibility.

B.

Institutional and civic.

1.

Refreshment stands and food and beverage sales located in uses involving public assembly;

2.

Cafeterias, dining halls, and similar food services when operated primarily for the convenience of employees, residents, clients, patients, or visitors to the principal use;

3.

Gift shops, newsstands, and similar commercial activities operated primarily for the convenience of employees, residents, clients, patients, or visitors to the principal use;

4.

Recreation areas and facilities for the use of the employees;

5.

Other necessary and customary uses determined by the zoning administrator to be appropriate, incidental and subordinate to the principal use of the property, subject to compliance with any development and performance standards imposed by the zoning administrator as a means of ensuring land use compatibility.

5.4.5. Uses permitted with conditions. The following uses are permitted as conditional uses within the R3 mobile home park district. All listed conditions shall be demonstrated prior to permit approval. See article 11 for the procedure for approval of conditional uses.

A.

Institutional uses.

1.

Family day care home.

a.

All conditions and regulations found in article 11.6 shall be met prior to permit approval.

B.

Residential uses.

1.

Home occupation.

a.

Permitted as accessory use only.

b.

All conditions and regulations found in article 11.9 shall be met prior to permit approval.

5.4.6. Special exceptions. (Reserved)

5.4.7. Prohibited uses. The following uses are prohibited within the R3 mobile home park district.

1.

All uses not listed as permitted are prohibited.

LOT AND BUILDING STANDARDS

5.4.8. Lot requirements.

A.

Minimum lot size: Two acres.

B.

Minimum lot frontage: 40 feet.

5.4.9. Density regulations.

A.

Maximum density: One unit/4,000 square feet per leased space of net acreage mobile home park.

5.4.10. Minimum yard requirements.

A.

Setback from all property lines for mobile homes in mobile home park: 15 feet minimum.

B.

Front yard for single-family detached: 35 feet minimum.

C.

Side yard for single-family detached: 15 feet minimum.

D.

Rear yard for single-family detached: 30 feet minimum.

E.

Second street frontage: Minimum front yard setback.

F.

Open drainage ditches and/or stormwater ponds (excluding swales): 30 feet minimum.

G.

Ingress/egress easements: The minimum footage stated above for front, side, or rear.

H.

Accessory structures are permitted in the rear and side yards only with minimum five-foot setbacks from the side and rear property lines or ingress/egress easements, whichever is greater. If the accessory structure is placed in that portion of the yard that fronts a second street frontage of the property, the setback from the second street frontage property line for the accessory structure is the required second street frontage setback for the primary structure.

5.4.11. Unit separation. The minimum distance between dwelling units shall be:

A.

Side to side: ..... 15 feet minimum.

B.

Front to front or rear: ..... 15 feet minimum.

C.

Rear to rear: ..... 15 feet minimum.

5.4.12. Building requirements.

A.

Impervious coverage: 50 percent maximum.

B.

Building height: Less than 40 feet to the highest part of the structure. The height limits contained in the airport overlay district, as regulated by article 10, may apply additional height limitations to a specific piece of property.

SITE STANDARDS

5.4.13. Parking standards. All uses within this district shall conform to the standards outlined in article 15: Off-Street Parking Requirements.

5.4.14. Bufferyard standards. All uses within this district shall conform to the standards outlined in article 17: Bufferyards.

5.4.15. Access management. Mobile home park shall be limited to one curb cut per every 100 feet linear frontage of road frontage.

5.4.16. Internal streets. Adequate access shall be provided to all spaces and facilities for common use within the park that conform to the following standards.

A.

Street width: 22 feet minimum.

B.

Street surface: As approved by county engineer.

C.

Street shall be privately owned and maintained.

5.4.17. Site plan. All proposed mobile home park developments shall provide a site plan to the county that includes, at minimum, the following information:

A.

Name of mobile home park, ownership, name of developer, north arrow, location map.

B.

Plat of parcel showing property boundaries and existing easements and rights-of-way.

C.

Identification of each trailer lot or space.

D.

Access points and internal streets.

E.

Identification of existing vegetation within buffer.

F.

Location of buffers as specified in article 17.

G.

Location of parking.

(Ord. No. 04-11-68, 11-23-2004; Ord. No. 05-08-58, 8-29-2005; Ord. No. 10-08-24, 8-23-2010; Ord. No. 11-04-02, 4-25-2011)

5.5.1. Intent.

A.

The R4 multifamily residential district (small-scale) is intended to implement the land use goals of the residential growth areas within urbanizing areas in the unincorporated portions of Berkeley County.

B.

Primary uses intended for this district include duplexes, townhouses, and patio homes.

C.

This district is intended to:

1.

Allow higher density residential development in areas where public facilities and services are available.

2.

Minimize development problems in urban areas where infrastructure such as transportation facilities and public water and sewer are either absent or inadequate.

3.

Encourage urban communities to develop in a manner that minimizes sprawl patterns.

4.

Encourage efficient development patterns and use of in-fill development.

5.

Protect development in residential growth areas from infiltration of incompatible land uses.

6.

Provide for the development of recreational, religious, and educational facilities as basic elements of a balanced residential area.

7.

Permit the location of needed community facilities in support of residential development.

5.5.2 Location. This district shall be applied in the residential growth areas mapped on the future land use map in the comprehensive plan. R4 residential densities require public water and sewer. Application of this district should be limited to areas planned for or served by public water and sewer.

USES

5.5.3. Permitted uses. The following uses are permitted within the R4 multifamily residential district (small-scale):

A.

Recreation and amusement uses.

1.

Golf course.

2.

Indoor recreation.

3.

Outdoor recreation, active.

4.

Outdoor recreation, passive.

B.

Institutional uses.

1.

Assembly and worship.

2.

Government offices, public services, and local utilities.

3.

School, neighborhood and community.

C.

Residential uses.

1.

Single-family detached.

2.

Townhouse/single-family attached.

3.

Patio home.

4.

Duplex.

5.

Triplex.

6.

Quadruplex.

5.5.4. Accessory uses. Accessory uses are permitted as a detached structure or use subordinate to the main building or classification that is used for purposes customarily incidental to the principal use. Accessory uses shall not exceed 65 percent of the size of the principal classification.

The following uses are permitted as accessory uses within the R4 multifamily residential district (small-scale):

A.

Residential.

1.

Fences and walls;

2.

Garages, carports, and off-street parking;

3.

Guesthouses, gate houses and guard houses;

4.

Playhouses, patios, cabanas, porches, gazebos, and incidental household storage buildings;

5.

Radio and television receiving antennas;

6.

Recreational and play facilities for the use of residents;

7.

Tennis courts, swimming pools, and hot tubs;

8.

Other necessary and customary uses determined by the planning director to be appropriate, incidental and subordinate to the principal use of the property, subject to compliance with any development and performance standards imposed by the planning department as a means of ensuring land use compatibility.

B.

Institutional and civic.

1.

Refreshment stands and food and beverage sales located in uses involving public assembly;

2.

Cafeterias, dining halls, and similar food services when operated primarily for the convenience of employees, residents, clients, patients, or visitors to the principal use;

3.

Gift shops, newsstands, and similar commercial activities operated primarily for the convenience of employees, residents, clients, patients, or visitors to the principal use;

4.

Recreation areas and facilities for the use of the employees;

5.

Other necessary and customary uses determined by the planning director to be appropriate, incidental and subordinate to the principal use of the property, subject to compliance with any development and performance standards imposed by the planning department as a means of ensuring land use compatibility.

5.5.5. Uses permitted with conditions. The following uses are permitted as conditional uses within the R4 multifamily residential district (small-scale). All listed conditions shall be demonstrated prior to permit approval. See article 11 for the procedure for approval of conditional uses.

A.

Institutional uses.

1.

Family day care home.

a.

All conditions and regulations found in article 11.6 shall be met prior to permit approval.

2.

Institutional, residential.

a.

Maximum occupancy of nine persons per unit.

b.

Off-street parking must be provided in accordance with article 15 as a hospital and clinic use.

c.

Business and retail buffers must be provided in accordance with article 17 and any overlay standards must be met.

B.

Residential uses.

1.

Home occupation.

a.

Permitted as accessory use only.

b.

All conditions and regulations found in article 11.9 shall be met prior to permit approval.

5.5.6. Special exceptions. (Reserved)

5.5.7. Prohibited uses. The following uses are prohibited within the R4 multifamily residential district (small-scale):

1.

All uses not listed as permitted are prohibited.

LOT AND BUILDING STANDARDS

5.5.8. Lot requirements.

A.

Minimum lot size: 15 acres.

For fee simple lots (i.e. single-family attached), see Density regulations and Minimum yard requirements, below.

B.

Minimum lot frontage:

1.

Standard lot: 20 feet.

2.

Corner lot: 40 feet.

5.5.9. Density regulations.

A.

Maximum density: Seven dwelling units per acre, based on gross acreage.

B.

Innovative site design, qualifying for density bonus, may be permitted as subject to the conditions and requirements established in section 13.2, for subdivision of attached units or buildings into individual lots, or section 13.11 for multi-family single site development, as applicable.

5.5.10. Minimum yard requirements. The minimum setbacks for single-family attached:

A.

Front yard: 35 feet.

B.

Sides: Ten feet, unless attached and a zero foot shall be allowed for a common wall.

C.

Rear yard: 20 feet

D.

Second street frontage: 25 feet.

E.

Open drainage: 30 feet from easement line.

F.

Ingress/egress: Minimum required for front, side or rear.

Accessory structures are permitted in the rear and side yards only with minimum of five-foot setbacks from the side and rear property lines or ingress/egress easements, whichever is greater. If the accessory structure is placed in that portion of the yard that fronts a second street frontage of the property, the setback from the second street frontage property line for the accessory structure is the required second street frontage setback for the primary structure.

5.5.11. Unit separation. The minimum distance between dwelling units shall be:

A.

Side to side: 15 feet minimum.

B.

Front to front or rear: 15 feet minimum.

C.

Rear to rear: 15 feet minimum.

5.5.12. Building requirements.

A.

Impervious coverage: 50 percent maximum.

B.

Building height: Less than 40 feet to the highest part of the structure. The height limits contained in the airport overlay district, as regulated by article 10, may apply additional height limitations to a specific piece of property.

SITE STANDARDS

5.5.13. Parking standards. All uses within this district shall conform to the standards outlined in article 15: Off-Street Parking Requirements.

5.5.14. Bufferyard standards. All uses within this district shall conform to the standards outlined in article 17: Bufferyards.

5.5.15. Subdivision of multifamily units. Where attached units, patio homes, and/or duplex, triplex, and/or quadraplex buildings are to be subdivided into individual lots, the following provisions shall apply:

A.

Preliminary plan shall be prepared, submitted, and reviewed in accordance with the standards and requirements set forth in chapter 59, The Land Development and Subdivision Regulations of Berkeley County.

B.

Where dwelling units are subdivided into individual lots, lot lines shall conform to centerline walls dividing individual units.

C.

Townhouses, patio homes, duplexes, triplexes, and quadraplexes shall have front and rear yards.

D.

Streets must meet the requirements of chapter 59, The Land Development and Subdivision Regulations of Berkeley County.

E.

Publicly maintained streets must be designed with limited access (no individual driveways) and have common parking areas located outside the right-of-way, or have typical lot widths of 40 feet or greater.

5.5.16. Internal streets. Where property is not to be subdivided the following standards shall be used to access provided adequate access to all residential units and facilities for common use within the development.

A.

Street width: 22 feet minimum.

B.

Street surface: As approved by county engineer.

C.

Street shall be privately owned and maintained.

5.5.17. Single-site development (site) plan. A single-site development (site) plan, when required, shall be prepared and submitted in accordance with the processes and requirements established in chapter 59, The Land Development and Subdivision Regulations of Berkeley County, is required to be reviewed and, and upon demonstrated conformance to all applicable standards, approved prior to commencement of development and/or redevelopment activities. The plan shall also include, at a minimum, the following information.

A.

The Single-Site Development (Site) Plan shall also demonstrate conformance to applicable conditional use standards contained herein or specified in article 11.

B.

The single-site development (site) plan shall accompany any necessary supporting documentation or materials required for submittal, review, and/or approval per chapter 59.

(Ord. No. 04-11-68, 11-23-2004; Ord. No. 05-08-58, 8-29-2005; Ord. No. 09-04-16, 4-13-2009; Ord. No. 10-08-24, 8-23-2010; Ord. No. 11-04-02, 4-25-2011; Ord. No. 21-05-24, 5-24-2021)

5.6.1. Intent.

A.

The R5 multifamily residential district (large-scale) is intended to implement the land use goals of the residential growth areas within urbanizing areas in the unincorporated portions of Berkeley County.

B.

Primary uses intended for this district are multifamily apartment complexes.

C.

This district is intended to:

1.

Allow higher density residential development in areas where needed public facilities and services are available.

2.

Minimize development problems in urban areas where infrastructure such as transportation facilities and public water and sewer are either absent or inadequate.

3.

Encourage urban communities to develop in a manner that minimizes sprawl patterns.

4.

Encourage efficient development patterns and use of in-fill development.

5.

Protect development in residential growth areas from infiltration of incompatible land uses.

6.

Provide for the development of recreational, religious, and educational facilities as basic elements of a balanced residential area.

7.

Permit the location of needed community facilities in support of residential development.

5.6.2. Location. This district shall be applied in the residential growth areas mapped on the future land use map in the comprehensive plan. R5 residential densities require public water and sewer. Application of this district should be limited to areas planned for or served by public water and sewer.

USES

5.6.3. Permitted uses. The following uses are permitted within the R5 multifamily residential district (large-scale):

A.

Recreation and amusement uses.

1.

Golf course.

2.

Indoor recreation.

3.

Outdoor recreation, active.

4.

Outdoor recreation, passive.

B.

Institutional uses.

1.

Assembly and worship.

2.

Government offices, public services, and local utilities.

3.

School, neighborhood and community.

C.

Residential uses.

1.

Single-family detached.

2.

Townhouse/single-family attached.

3.

Patio home.

4.

Duplex.

5.

Triplex.

6.

Quadruplex.

7.

Multifamily.

5.6.4. Accessory uses. Accessory uses are permitted as a detached structure or use subordinate to the main building or classification that is used for purposes customarily incidental to the principal use. Accessory uses shall not exceed 65 percent of the size of the principal classification.

The following uses are permitted as accessory uses within the R5 multifamily residential district (large-scale):

A.

Residential.

1.

Fences and walls;

2.

Garages, carports, and off-street parking;

3.

On-site office;

4.

Guesthouses, gate houses and guard houses;

5.

Playhouses, patios, cabanas, porches, gazebos, and incidental household storage buildings;

6.

Radio and television receiving antennas;

7.

Recreational and play facilities for the use of residents;

8.

Tennis courts, swimming pools, and hot tubs;

9.

Other necessary and customary uses determined by the planning director to be appropriate, incidental and subordinate to the principal use of the property, subject to compliance with any development and performance standards imposed by the planning department as a means of ensuring land use compatibility.

B.

Institutional and civic.

1.

Refreshment stands and food and beverage sales located in uses involving public assembly;

2.

Cafeterias, dining halls, and similar food services when operated primarily for the convenience of employees, residents, clients, patients, or visitors to the principal use;

3.

Gift shops, newsstands, and similar commercial activities operated primarily for the convenience of employees, residents, clients, patients, or visitors to the principal use;

4.

Recreation areas and facilities for the use of the employees;

5.

Other necessary and customary uses determined by the planning director to be appropriate, incidental and subordinate to the principal use of the property, subject to compliance with any development and performance standards imposed by the planning department as a means of ensuring land use compatibility.

5.6.5. Uses permitted with conditions. The following uses are permitted as conditional uses within the R5 multifamily residential district (large-scale). All listed conditions shall be demonstrated prior to permit approval. See article 11 for the procedure for approval of conditional uses.

A.

Institutional uses.

1.

Family day care home.

a.

All conditions and regulations found in article 11.6 shall be met prior to permit approval.

2.

Institutional, residential.

a.

Maximum occupancy of nine persons per unit.

b.

Off-street parking must be provided in accordance with article 15 as a hospital and clinic use.

c.

Business and retail buffers must be provided in accordance with article 17 and any overlay standards must be met.

B.

Residential uses.

1.

Home occupation.

a.

Permitted as accessory use only.

b.

All conditions and regulations found in article 11.9 shall be met prior to permit approval.

5.6.6. Special exceptions. (Reserved)

5.6.7. Prohibited uses. The following uses are prohibited within the R5 multifamily residential district (large-scale).

1.

All uses not listed as permitted are prohibited.

LOT AND BUILDING STANDARDS

5.6.8. Lot requirements.

A.

Minimum lot size: 30 acres.

For fee simple lots (i.e. single-family attached), see Density regulations and Minimum yard requirements, below.

B.

Minimum lot frontage:

1.

Standard lot: 50 feet.

2.

Corner lot: 100 feet.

5.6.9. Density regulations.

A.

Maximum density: Ten dwelling units per acre, based on gross acreage.

B.

Innovative site design, qualifying for density bonus, may be permitted as subject to the conditions and requirements established in section 13.2, for subdivision of attached units or buildings into lots, or section 13.11 for multi-family single site development, as applicable.

5.6.10. Minimum yard requirements. The minimum setbacks for multifamily shall be:

A.

Front yard: 35 feet.

B.

Sides: 15 feet.

C.

Rear yard: 30 feet.

D.

Second street frontage: 35 feet.

E.

Open drainage: 30 feet from easement line.

F.

Ingress/egress: Minimum required for front, side or rear.

The minimum setbacks for single-family attached shall be:

A.

Front yard: 35 feet.

B.

Sides: Ten feet, unless attached and a zero foot shall be allowed for a common wall.

C.

Rear yard: 20 feet.

D.

Second street frontage: 25 feet.

E.

Open drainage: 30 feet.

F.

Ingress/egress: Minimum required for front, side or rear.

Accessory structures are permitted in the rear and side yards only with minimum of five-foot setbacks from the side and rear property lines or ingress/egress easements, whichever is greater. If the accessory structure is placed in that portion of the yard that fronts a second street frontage of the property, the setback from the second street frontage property line for the accessory structure is the required second street frontage setback for the primary structure.

5.6.11. Unit separation. The minimum distance between dwelling units shall be:

A.

Side to side: 15 feet minimum.

B.

Front to front or rear: 15 feet minimum.

C.

Rear to rear: 15 feet minimum.

5.6.12. Building requirements.

A.

Impervious coverage: 50 percent maximum.

B.

Building height will be governed by the current adopted Building Codes of Berkeley County and as stated herein. After the height limitations are reviewed, the building and/or zoning official may impose additional restrictions. During the required planning and code review, the official will give consideration to the design of the structure(s) and the county's abilities to gain adequate access for firefighting personnel and that such building is designed or is equipped to provide adequate protection against the dangers of fire, and/or that such building is served by an internal fire service organization. The applicant shall incorporate building techniques and safety features as necessary to demonstrate capacity to handle unforeseeable emergencies (such as fires) to the satisfaction of the fire marshal or designee. Building height will be held to a base height of 40 feet.

1.

Height bonus: Increases in height may be issued at the discretion of the zoning administrator or his/her designee in the increments specified below to a maximum building height of 55 feet in accordance with the following parameters. Proposals for height bonuses shall be evaluated as part of site and building plans review; the zoning administrator or his/her designee, retains the ability to request any supporting documentation necessary to complete his/her review.

a.

Where perimeter bufferyards are required, if the applicant provides perimeter bufferyards that are twice the width and contain twice the quantity of plantings minimally required along each perimeter lot line or, in cases where no perimeter bufferyards are required, if the applicant provides perimeter bufferyards along the adjoining lot line(s) that are equivalent to the Type C bufferyard per article 17.7, add two and one-half feet in allowable height.

b.

Should the proposed structure be designed to LEED Certification, add three feet to allowable height; LEED Silver Certification, add six feet to the allowable height; LEED Gold Certification, add nine feet to the allowable height; and LEED Platinum Certification, add 12 feet to the allowable height. Assurances of certification eligibility will be required before the single-site development (site) plans are approved, and applicable building permits issued.

c.

For every ten percent reduction in impervious surface coverage below the required maximum impervious coverage threshold, through creative site design, land setasides, and/or installation of bona fide low-impact development (LID) techniques based on the "Low Impact Development in Coastal South Carolina: A Planning and Design Guide" or otherwise acceptable technical guidance, add four feet to the allowable height to a maximum of 12 feet. The zoning administrator or his/her designee retains the ability to request assurances to ensure perpetual maintenance, preservation, and functionality of said improvements and/or setasides.

d.

If pedestrian facilities, constructed to a minimum unobstructed width of five feet and compliant to ADA specifications, are provided throughout and connect the intended use(s) to existing and/or proposed sidewalk facilities within the public right-of-way and adjoining properties, add two and one-half feet to the allowable height.

e.

If cross accesses and/or shared accesses are provided to neighboring properties, allowing access to adjoining properties without utilizing adjoining public roadways, add two and one-half feet to the allowable height.

f.

If street trees are provided and maintained in accordance with the Berkeley County Street Tree Planting Standards Manual along all streets or primary access drives proposed to serve the development, add two and one-half feet to the allowable height.

2.

The height limits contained in the airport overlay district, as regulated by article 10, may apply additional height limitations to a specific piece of property.

SITE STANDARDS

5.6.13. Parking standards. All uses within this district shall conform to the standards outlined in article 15: Off-Street Parking Requirements.

5.6.14. Bufferyard standards. All uses within this district shall conform to the standards outlined in article 17: Bufferyards.

5.6.15. Subdivision of multifamily units. Where attached units, patio homes, and/or duplex, triplex, and/or quadraplex buildings are to be subdivided into individual lots, the following provisions shall apply:

A.

Preliminary plan shall be prepared, submitted, and reviewed in accordance with the standards and requirements set forth in chapter 59, The Land Development and Subdivision Regulations of Berkeley County.

B.

Where dwelling units are subdivided into individual lots, lot lines shall conform to centerline walls dividing individual units.

C.

Townhouses, patio homes, duplexes, triplexes, and quadraplexes shall have front and rear yards.

D.

Streets must meet the requirements of chapter 59, The Land Development and Subdivision Regulations of Berkeley County.

E.

Publicly maintained streets must be designed with limited access (no individual driveways) and have common parking areas located outside the right-of-way, or have typical lot widths of 40 feet or greater.

5.6.16. Internal streets. Where property is not to be subdivided the following standards shall be used to access provided adequate access to all residential units and facilities for common use within the development.

A.

Street width: 22 feet minimum.

B.

Street surface: As approved by county engineer.

C.

Street shall be privately owned and maintained.

5.6.17. Single-site development (site) plan. A single-site development (site) plan, prepared and submitted in accordance with the processes and requirements established in chapter 59, The Land Development and Subdivision Regulations of Berkeley County, is required to be reviewed and, and upon demonstrated conformance to all applicable standards, approved prior to commencement of development and/or redevelopment activities. The plan shall also include, at a minimum, the following information.

A.

The single-site development (site) plan shall also demonstrate conformance to applicable conditional use standards contained herein or specified in article 11.

B.

The single-site development (site) plan shall accompany any necessary supporting documentation or materials required for submittal, review, and/or approval per chapter 59.

(Ord. No. 04-11-68, 11-23-2004; Ord. No. 05-08-58, 8-29-2005; Ord. No. 09-04-16, 4-13-2009; Ord. No. 10-08-24, 8-23-2010; Ord. No. 11-04-02, 4-25-2011; Ord. No. 21-05-24, 5-24-2021)

Editor's note— Ord. No. 07-07-43, adopted July 23, 2007, renumbered § 17.2 as 17.3, therefore the above internal reference has been changed to reflect the renumbering.