Effective on: 1/1/1901

Unified Development Ordinance Amendments

Amendments from April 2024 - current 

Amendments from November 2011 - September 2023 

Effective on: 1/1/1901

Unified Development Ordinance User Guide

The breadth and details of the Town of Bluffton Unified Development Ordinance can be a bit intimidating for first time users not familiar with municipal regulations; even for veteran code users. This User Guide is intended to help you understand the structure of the Ordinance and hopefully point you in the right direction. For those of you using the Ordinance on the Town’s web site, there are links to various related regulations.

THE BASICS: Planning and Zoning 101

What’s Regulated? The Unified Development Ordinance combines the Zoning Ordinance, Subdivision Regulations, and other ordinances related to land use development into one set of regulations. These regulations cover aspects of the built environment, including

• what different types of land uses can be constructed (single family, stores, offices etc.),
• size, height and placement of buildings,
• how much parking is needed and standards for its design
• design standards for landscape, lighting and signs, and the design of stormwater management and utilities.

Bluffton’s Comprehensive Plan is the framework for this Ordinance, think of it as the Town’s “blueprint”. The Comprehensive Plan describes policies, expectations and recommendations for the future. One key element is a future land use map (shown on the following page) that illustrates the intended arrangement of land uses and their density. Some key features in the Plan are recommendations to preserve the historic and natural resources while accommodating new development. Details are provided for future improvements to the transportation system, with a goal to give people choices to travel by auto, truck, walking, bike or transit.

Some parts of the Comprehensive Plan are published separately, such as the Old Town Master Plan. In addition, there is a Southern Beaufort County Regional Plan. Policies in that Plan are mutually followed by the Town of Bluffton and other communities in the county, particularly along some major roadway corridors where the boundary varies frequently from county to Town jurisdiction. The Plan is occasionally amended, a process typically led by the Planning Commission at the direction of Town Council. The last major overhaul was in 2007. But the Plan can also be amended by Chapter, to change specific policies or to change the future land use designation for a particular area. The process for amending the plan is in Section 3.10 of the UDO.

The Zoning Map is generally based on the Comprehensive Plan’s future land use plan and related policies. The zoning map classifies the Town into different zoning districts. The Ordinance describes what uses are allowed and the standards for building and site design in that district.

Authority. This Ordinance was adopted pursuant to the authority by the South Carolina Local Government Comprehensive Planning Enabling Act.

Process to Create and Amend the Ordinance. Bluffton’s ordinances that regulate development go back several decades. The Ordinances have been amended from time to time to respond to changes in state law, federal law and administrative rule, and case law. In addition, the Town occasionally makes amendments to improve the Ordinance, address new opportunities, and to be consistent with changes to the Town’s planning and policies. Any amendment follows that process, a public hearing at both the Planning Commission and Town Council.

This Ordinance was adopted by the Town Council after a public hearing and upon the recommendation of the Planning Commission which also held a public hearing. As part of a major rewrite of the Ordinance in 2011, a series of well attended public charrettes and workshops were held to receive input on potential changes to regulations and procedures.

If you have a hard copy of the ordinance, it is suggested you write the date of receipt on the cover of first page. Thereafter, refer to this date when asking Town Staff about any Ordinance amendments since that date (particularly to the zoning map).

Future Land Use Map: a guide for planned future land use

Zoning Map: regulates use of the property today *

* This map is for illustrative purposes. Please refer to the current zoning map for the zoning district for specific properties.

How do I determine the current zoning and planned use of my property?

Check the Zoning District Map:  What is permitted in one district may not be permitted in another. To analyze the permitted uses or design requirements for a piece of property, first look at the adopted Zoning District Map to see how it is zoned.  This map is on the Town's web site or available for purchase from the Growth Management Customer Service Center, for a nominal fee.  The published zoning map is periodically amended, such as when a property owner receives approval for rezoning their land. The Growth Management Customer Service Center maintains the official current map.

Recommendations from the Comprehensive Plan, and other plans and studies may have recommendations related to your property or proposed project. Generally, the Town of Bluffton requires rezonings to be consistent with the future land use map.  Proposed developments should also help to achieve the goals of the Comprehensive Plan.

What uses are allowed?  What standards apply?

The zoning map classifies land into different zoning districts. Those districts are described in Article 4, Zoning Districts. In the Article you will find.

A list of the various zoning districts illustrated by colors on the Zoning Map.  Those districts include:

Text for each district that describes the intent (the Town's objectives), applicability (a narrative description related to the Zoning Map) and references to other Sections of the Ordinance for design standards. Some of those design standards, like minimum lot width, lot side, and building setbacks vary from one zoning district to another. Others, like the size of the parking spaces, are consistent throughout the Town.

A list of uses allowed in that district can be found in Table 4-3. That table lists uses in three classifications

1. 1.
   "Permitted" uses, meaning if you meet the standards, that use is allowed.
2. 2.
   "Conditional" uses are permitted uses but must meet the specific standards for particular uses in Article 4. For Example, see Section 4.4 that outlines standards for the conditional uses.
3. 3.
   "Special Exception" uses are reviewed by the Board of Zoning Appeals using the standards outlined in Article 3.
4. 4.
   If a use is not listed, it is not permitted in that zoning district.

The last column of that table alerts you to any specific design standards for buildings and the site related to that use. In the sample below, a Bed and Breakfast Inn must meet the standards in Section 4.4.5.A, in addition to the general design standards applicable to all uses in Article 5.

What are my options if my intended use is not listed as a permitted, conditional, or special exception land use?

If your proposed use is not listed as an allowed use on your property, you have several options, including:

• Find an alternative use for your property which is permitted or find a site in the Town which is properly zoned for your intended use.
• If your use is not listed anywhere in the Zoning Ordinance, you could request that the UDO Administrator consider your intended use based on the "determination of similar uses" as explained in Article 4. In some cases, the UDO Administrator may take the request to the Planning Commission for input. The Board of Zoning Appeals has final authority if you disagree with the UDO Administrator's interpretation.
• Request the Town rezone the property, which requires public hearings before the Planning Commission and the Town Council. Section 3.5.3 lists the criteria the Planning Commission applies in reviewing your rezoning request.
• Request the Town amend the UDO to add your proposed use, either as a Permitted, Conditional or Special Exception Use in the particular zoning district. Note: The Town of Bluffton does not allow "use variances", a variance to allow a use that is not allowed within a zoning district.

What is the next step when the proper zoning is in place?

Once proper zoning is in place there are several factors to consider during the early stages of project planning. The list below highlights some of the more distinct options and procedures.

• Natural Features: The Town of Bluffton strives to maximize preservation of existing natural features. In particular, the opening sections of Article 5 describe specific natural resource regulations for certain trees and protection of watershed resources. In some cases, a tree inventory is required as described in those Sections. If your site contains wetlands or is along a riparian.
• Transfer of Development Rights: This is a procedure where the Town may allow a transfer of development or density from one place (called the "sending zone") to another (the "receiving zone"). This allows areas that have sensitive natural features, are more rural or lack utilities to be preserved by redirecting development to places where infrastructure and the planned development supports more density. The Growth Framework Map identifies some potential places where additional density could be concentrated into more compact walkable places. 
• Planned Unit Development: If there are significant natural features on your site or you want to mix land uses, the UDO has a zoning district called "Planned Unit Development (PUD). PUD's allow a greater degree of flexibility in designing a site, such as mixing certain uses or clustering buildings on the most buildable part of a site. These standards can help preserve valuable natural features which lower development costs, avoid some permits and can increase marketability. In return for the flexibility, the Town looks for special provisions to preserve key features, provide affordable housing or contributions to infrastructure improvements. Provisions are mutually agreed upon between the developer and the Town. Descriptions of PUD's are provided in Article 4.
• Historic Preservation Commission approval is required for projects in the Historic District. This approval requires a "Certificate of Appropriateness", as described in Section 3.20.
• Development Plan (for a site) or Subdivisions Plan (for a series of lots): Most projects, other than construction of a single family home, require a Development Plan. Approval of lots and related infrastructure requires submission and approval of a Subdivision Plan. Most of the design standards are found in Article 5, through other Town regulations, like Building Code, also apply. Submittal requirements for those procedures are described in Article 3. An application form along with a description of the review fees, timelines and required submittal information is in the Application Manual.

If your project is expected to generate a significant amount of traffic or is located on a congested corridor, you may be required to submit a transportation impact analysis (TIA). A TIA must be prepared by a certified traffic engineer or transportation planner.

Effective on: 1/1/1901

Article 1 Introduction 

Article 2 Administration

Article 3 Application Process

Article 4 Zoning Districts

Article 5 Design Standards

Article 6 Sustainable Development Incentives

Article 7 Nonconformities

Article 8 Penalties and Enforcement

Article 9 Definitions and Interpretation

Contents:

Appendices

The intent of this Article is for the Town of Bluffton to establish the responsibility and administrative authority of the UDO Administrator as well as Town Council Appointed Boards and Commissions, including the Planning Commission, the Board of Zoning Appeals, the Historic Preservation Commission, and other bodies or individuals, as described throughout this Ordinance.

Effective on: 1/1/1901

This Article provides standards and procedures for the Town of Bluffton to review applications for compliance with this Ordinance. The regulations in this Ordinance are intended to ensure consistency with the Town of Bluffton Comprehensive Plan, to minimize negative impacts of development on adjacent land uses, to conserve the natural environment, to coordinate with infrastructure capacity, and to protect the public health, safety, and welfare, and Town of Bluffton’s character.

Effective on: 1/1/1901

(Ord. 2024-02, April 9, 2024)

The use regulations for each district are as follows:

1. A.
   Permitted (P): Permitted by right subject to general district standards;
2. B.
   Conditional (C): Permitted subject to specific conditions and specific use standards listed in Section 4.4.
3. C.
   Special Exception (SE): Permitted by special exception through a discretionary review process set forth in Article 3, Application Process and subject to the review criteria in Section 4.4.
4. D.
   Not Permitted (-): The use is not permitted in the district.
5. E.
   Use Standard. A cross-reference to any specific use standard listed in Section 4.4. Any use standard shall only apply when the use is listed as either a Conditional (C) or Special Exception (SE) use. Where no cross-reference is shown, no additional use standard applies.
6. F.
   Land Development Regulations. All uses, whether permitted, conditional, or special exceptions, are subject to the Design Standards in Article 5, Design Standards.
7. G.
   Uses Not Listed.

   1. 1.
      If a particular use is not listed, the UDO Administrator shall select the use listed in Table 4-3 Uses by District which most closely resembles the proposed use in consideration of factors such as potential impact on property values, nature of use, aesthetics, traffic generated, types of services or goods offered or produced, methods of operation, noise, hours of operation, building or site characteristics and other impacts in terms of health, safety and welfare. Once the use is determined, the proposed use shall comply with any use standards that apply to the similar use.
   2. 2.
      Where the UDO Administrator determines a proposed use is not similar to a use in a particular zoning district, the applicant may petition for a text amendment to this Ordinance as described in Article 3, Application Process.

(Ord. 2024-02, April 9, 2024; Ord. 2024-17, October 8, 2024; Ord. 2025-06, June 10, 2025) 

Effective on: 6/10/2025

There are certain uses that, by their nature, have the potential to create adverse impacts on nearby properties. It is the purpose of this Sec. 4.4 to allow such uses to be conditionally permitted while minimizing adverse effects through the establishment of additional standards that mitigate the impacts of their design and operation. The specified standards are intended to ensure that these conditional uses fit the vision of the zoning districts in which they are permitted, and that these conditional uses are compatible with other development permitted within the districts.

This Article identifies the standards and requirements for development and redevelopment to ensure that development and redevelopment is consistent with the Town of Bluffton’s goals for building form, physical character, land use, and quality growth as identified in the Town of Bluffton Comprehensive Plan.

Effective on: 1/1/1901

(Ord. 2024-04, May 14, 2024; Ord. 2025-05, June 10, 2025)

Effective on: 6/10/2025

The following land use scenarios and development characteristics shall apply to development and/or redevelopment within the place type designations as illustrated on the Growth Framework Map. Further, as applicable per the below Table, Article 4, Zoning Districts shall serve as a baseline for implementation.

Effective on: 1/1/1901

The zoning regulations and development standards established by this Ordinance are designed to guide the future use and development of land within the Town by, among other things, encouraging controlled site development and appropriate groupings of compatible and related uses, thereby promoting and protecting the public health, safety, and general welfare. The continued existence of nonconformities is frequently inconsistent with the purposes of currently established zoning and land development regulations and can adversely affect orderly development and the value of nearby properties; thus, the gradual elimination or lessening of nonconformities is generally desirable.

Concurrently, however, the Town Council recognizes that a substantial portion of the character and ambiance of the Town which should be preserved is a result of development that occurred prior to the zoning and land development regulations established by this Ordinance.

This Article provides for the removal and termination of illegal nonconformities and the regulation of legal nonconforming uses, structures, sites, and signs, and specifies those circumstances and conditions under which legal nonconformities are permitted to continue or expand.

Effective on: 1/1/1901

The burden of establishing a legal nonconformity shall, in all cases, be upon the owner of such nonconformity and not upon the Town or any other person. Upon application to the UDO Administrator, any property owner may seek a determination by the UDO Administrator of the character of any nonconformity.

Effective on: 1/1/1901

Lots of record that lawfully existed prior to the adoption or amendment of this Ordinance, but do not comply with the provisions of this Ordinance, may be developed for uses allowed in the applicable zoning district, subject to the following:

1. A.
   The lot must be an existing lot-of-record, created prior to the adoption or amendment of this Ordinance that made the lot nonconforming.
2. B.
   Location and development of the site shall conform to all other applicable requirements, such as yard setbacks, minimum floor area and maximum height requirements for the applicable zoning district.

Effective on: 1/1/1901

Buildings, structures, parking lots and other site improvements which lawfully existed prior to the adoption or amendment of this Ordinance, but do not comply with the provisions of this Ordinance as a result of required additional road right-of-way dedication to or acquisition by the Town, Beaufort County, or the State of South Carolina may be improved or expanded without obtaining a variance from the Board of Zoning Appeals upon a determination by the UDO Administrator that such improvement or expansion is reasonable. In making such a determination, the UDO Administrator shall consider the all of the facts and circumstances regarding the proposed improvement or expansion, including, but not limited to the following:

1. A.
   The building, structure, or parking lot or other site improvement was in conformance with applicable front yard setback requirements prior to the dedication or acquisition of the additional road right-of-way;
2. B.
   The building, structure, or parking lot or other site improvement expansion will not reduce the remaining depth of the front yard setback; and
3. C.
   All other applicable requirements of this Ordinance are met and all necessary approvals and permits are obtained.

Effective on: 1/1/1901

This Article is intended to provide for enforcement of the provisions of this Ordinance, and remedies, and penalties for violations of this Ordinance.

Effective on: 1/1/1901

1. A.
   No activity regulated by this Ordinance shall be undertaken by any person or entity, including, without limitation, any public or private agency or authority, unless such activity is in full conformance with the provisions of this Ordinance.
2. B.
   No activity requiring any permit or approval issued pursuant to the provisions of this Ordinance shall be undertaken unless such permit or approval is first issued or granted by the Town Council, the UDO Administrator, or other Town board or commission, as applicable, and then only in full conformance with such permit or approval, including any conditions attached thereto. It is unlawful to construct, reconstruct, alter, demolish, change the use of, or occupy any land, building, or other structure within the Town without first obtaining the appropriate permit or permit approval. No permit or approval may be issued or approved unless the requirements of this Ordinance adopted are complied with.
3. C.
   Except as otherwise provided for in SC Code Section 6-29-540, no new street, structure, utility, square, park, or other public way, grounds, or open space or public buildings for any use, whether publicly or privately owned, may be constructed or authorized in the Town until the location, character, and extent of it have been submitted to the Planning Commission for review and comment as to the compatibility of the proposal with the Town’s Comprehensive Plan.
4. D.
   No official of the Town or Beaufort County shall issue any permit for the use of any land, building, or structure, or the construction, conversion, demolition, enlargement, movement, or structural alteration of a building or structure, including, without limitation, any building, plumbing, or electrical permit, without the approval of the UDO Administrator.
5. E.
   No subdivision plat or other land development plan regulated by this Ordinance may be filed or recorded in the Office of the Register of Deeds for Beaufort County, South Carolina, and no building permit may be issued until the plat or plan bears the stamp of approval and is properly signed by the UDO Administrator.