5:1.1.

Purpose. The purpose of the several districts established by Article III, uses permitted in each district, and dimensional requirements of each are defined herein.

5:1.2.

Dimensional Requirements. Tables 5.1a and Table 5.1b below defines dimensional requirements for specified districts.

5:1.3.

Permitted Uses. Table 5.2 specifies for each district the uses that are Permitted (P), uses that are Conditional (C) as noted and specified in the conditions listed at the bottom of the table, and the uses that are permitted only by Special Exception (SE) based on review the Board of Zoning Appeals.

5:1.4.

Uses Not Permitted. A gray shaded cell with no letter or number in Table 5:2 indicates that a use type is not permitted in the respective zoning district, unless it is otherwise expressly allowed by other regulations of this ordinance.

5:1.5.

New or Unlisted Uses. If an application is submitted for a use type that is not listed as an allowed use in one or more zoning districts, the Zoning Administrator shall be authorized to make a similar use interpretation.

5:1.6.

Additional Requirements. All land uses are subject to overlay districts in Section 5:13, supplemental regulations in Article VI, and additional requirements for certain land uses specified in Article VII.

Notes for Table 5:1a and 5.1b:

^[1]

Side yard setbacks are required on one side only, except that commercial condominium projects and/or fee simple projects are allowed to share interior property lines; provided that a sixteen-foot setback shall be required on the end units; further provided that such projects (buildings) shall not exceed six hundred (600) feet in length, parallel to the street providing principal access. Buildings grouped on the same lot forming a shopping or business center shall have a 16-foot side yard setback on each end of the project. Where a commercial building is adjacent to an existing residential use, the following minimum setbacks shall be observed:

^[2]

Minimum setbacks shall be thirty (30) feet from side and rear property lines, plus five (5) feet for each additional five thousand (5,000) square feet of gross cumulative plant (floor) area over twenty thousand (20,000) square feet. Maximum setback shall be two hundred (200) feet from side and rear property lines.

^[3]

Zero between units; fifteen (15) [feet] between end units of interior units with a minimum of five (5) feet from building to property line or common area and with a minimum setback from the exterior property line of twenty (20) feet.

^[4]

Setbacks shall be determined by project density and adjacent land use, as follows;

^[5]

Ten-foot minimum setback required, and where the proposed use abuts and existing single-family residential use on a locally classified street or in an RS or RM District, then a twenty-foot setback shall be provided, plus 3.5 feet for each additional floor over the second.

^[6]

Unattached buildings occupying the same lot shall be separated by a distance of twenty (20) feet, plus 3.5 feet for each additional floor over the first.

^[7]

No limit; however, required minimum side and rear yard setbacks shall be increased at the rate of 3.5 feet for each floor over the second.

^[8]

Single-family and duplexes are considered one (1) unit.

^[9]

Minimum lot width shall be 100 feet, minimum lot depth shall be 100 feet.

^[10]

Existing lots of record are exempt; open space subdivisions in the RP and RN districts are subject to requirements of Section 6:12.

Conditions for Zoning Districts:

1 — Must be a technical or trades training school related to existing industry.

2 — Requires Fire Marshall review and approval of fire access and circulation.

3 —Improved parking area (paved or gravel) and paved access drives must provide minimum number of parking spaces indicated by Table 6.2 of this ordinance.

4 — Traffic study (trip generation and traffic impact assessment at each surrounding intersection) by licensed traffic engineer required.

5 — Requires written approval of all property owners within 300-foot radius of subject parcel

6 — Requires written approval of all property owners within 1,000-foot radius of subject parcel.

7 — Requires approval of circulation plan and site improvements by County Engineer, water system, and sewer authority.

8 — May not be located within 1,000 foot radius of schools or places of worship.

9 —One single-family detached house or manufactured home per existing lot of record, and on any newly created lot of 10 acres or more, and on any lot created by court order.

10 — Maximum 40,000 square feet in any one individual retail space.

11 — Maximum 10 acres.

12 — Utility substations, switching facilities, pump stations, etc., only as necessary to serve the district.

13 — Must be completely enclosed with no outdoor tables or display area.

14 — Excludes raising pigs.

15 — Must comply with all provisions of Article VII of this ordinance.

(Ord. No. 2022-17, 7-25-2022; Ord. No. 2023-17, 9-25-2023)

5:2.1.

Purpose. The RU District is intended to facilitate (for the area) the adequate provision of transportation, water, sewage disposal, and other public improvements and services as may be necessary to accommodate permitted development without adversely impacting the rural and agricultural character of such areas.

5:2.2.

Permitted uses. Within the RU District a building or premises may be used for any purpose, subject to Conditions and Special Exceptions specified in Table 5:2, and provided the use meets all applicable regulations contained in this chapter and other applicable Calhoun County ordinances.

5:2.3.

Dimensional requirements. The setback requirements for industrial/warehouse buildings specified by Table 5:1.a shall apply to all industrial/warehousing buildings and structures in the RD District. The following setback requirements shall apply to all other buildings and structures in the RD District:

a.

Setbacks from road right-of-way line. Minimum setback from any road right-of-way line shall be thirty (30) feet. Minimum front setback from road right-of-way line may be modified where the majority of the frontage within two hundred (200) feet on each side of a lot is developed with less than the required setback. In such cases, the required setback shall be the average of existing setbacks, counting any undeveloped frontage as if it were developed at the required setback distance, but shall not be less than fifteen (15) feet. This modification shall not apply in cases where existing development is located within and scheduled for any acquisition along proposed road improvement.

b.

Side setbacks. Minimum side setback from side property line shall be ten (10) feet.

c.

Rear setbacks. Minimum rear setback from rear property line shall be twenty (20) feet.

d.

Sign setback requirement. No sign shall be located within ten (10) feet of a public right-of-way.

e.

Setbacks at intersections. On a corner lot, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of three (3) and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines twenty (20) feet from the front of the intersection.

5:2.4.

Lot configuration. The developer shall demonstrate, through design and use of private property restrictions and covenants, adequate attention to the following aspects of lot design:

a.

Lot size, width, depth, shape, grade, and orientation to streets.

b.

Relationship of residential lots to adjoining nonresidential development, existing or proposed.

c.

Building setback lines.

d.

Separation of residential lots from major thoroughfares, railroads and other possible incompatible land uses.

e.

Separation and proper screening of nonresidential development from adjacent existing residential development. Suitable natural or commercial grade materials of sufficient height shall be used in the construction of the required buffers.

(Ord. No. 2022-17, 7-25-2022; Ord. No. 2023-17, 9-25-2023)

5:3.1.

Purpose.

a)

The purpose of the Rural Preservation District (RP) is to recognize, support, and protect the rural character of Calhoun County by allowing for a range of agricultural, rural, and low-density residential development.

b)

It is the intent of this district to continue to promote the agricultural and rural use of land while providing for limited, low-density residential development that is consistent with the rural character of the district.

c)

Low intensity uses that are compatible and complementary with the conservation of agricultural, forestry, and related uses such as estate homes and farmhouses buildings are preferred.

5:3.2.

Permitted uses. Within the RP District a building or premises may be used only for the purposes specified in Table 5:2, provided the use meets all applicable regulations contained in this chapter and other applicable Calhoun County ordinances.

5:3.3.

Dimensional requirements. Except as expressly provided otherwise, minimum dimensional requirements in the RP District are specified in Table 5:3-1.

5:3.4.

Subdivisions in the RP District.

a)

Minor subdivisions that create 7 or fewer total lots (6 new lots plus the remnant of the parent parcel) are subject to the dimensional requirements in Section 5:3.3 and do not require Rural Residential Site Plan approval.

b)

Subdivisions that create 8 or more total lots are subject to the requirements in Section 6:12 (Rural Residential Site Plans in the RP and RN Districts) and require an approved Rural Residential Site Plan prior to platting and issuance of building or construction permits.

(Ord. No. 2022-17, 7-25-2022)

5:4.1.

Purpose. The Rural Neighborhood District (RN) is intended primarily for detached single-family neighborhoods and is where new residential development will be focused.

5:4.2.

Permitted uses. Within the RN District a building or premises may be used for any purpose listed in Table 5:2, provided the use meets all applicable requirements contained in this chapter and other applicable Calhoun County ordinances.

5:4.3.

Dimensional requirements. Except as expressly provided otherwise, minimum dimensional requirements in the RN District are specified in Table 5:4-1.

5:4.4.

Subdivisions in the RN District.

a)

Minor subdivisions that create 7 or fewer lots are subject to the dimensional requirements in Section 5:4.3 and do not require Rural Residential Site Plan approval.

b)

Subdivisions that create 8 or more lots are subject to the requirements in Section 6:12 (Rural Residential Uses Site Plan in the RP and RN Districts) and require an approved Rural Residential Site Plan prior to platting and issuance of building or construction permits.

(Ord. No. 2022-17, 7-25-2022)

5:5.1.

Purpose. The purposes of this district are to stabilize and protect existing single-family neighborhoods and subdivisions for continued residential use, and to reserve sufficient undeveloped land to meet future single-family housing demands. This district also is intended to encourage in-filling and expansion of "like development" consistent with the character of existing neighborhoods at the time of adoption of this ordinance. Areas so designated, having a stable and fixed character, will be afforded maximum protection and insulation from potentially incompatible uses and assured of long term stability.

5:5.2.

Permitted uses. Within the RS District, a building or premises may be used only for the purposes specified in Table 5:2; provided such use shall meet all applicable regulations contained in this chapter.

5:5.3.

Dimensional requirements. Permitted uses in the RS District shall meet the minimum dimensional requirements in Table 5.1b.

(Ord. No. 2022-17, 7-25-2022)

5:6.1.

Purpose. The purpose of this district is to provide for areas in the county where various residential development may occur free of incompatible nonresidential uses. This district permits a wide range of residential types, designated to meet market demands. While residential stability and homogeneity are important, flexibility in meeting future housing needs and providing alternatives to traditional single-family housing also are important. This district is intended to apply principally to undeveloped areas where unit and density flexibility will not adversely impact existing single-family residential subdivisions, and where the housing market can be sufficiently broad and flexible to meet the various demands for housing. It also applies to existing multifamily and mixed use residential areas.

5:6.2.

Permitted uses. Within the RM District a building or premises may be used for any purpose listed in Table 5:2, provided the use meets all applicable requirements contained in this chapter and other applicable Calhoun County ordinances.

5:6.3.

Dimensional requirements. Permitted uses in the RM District shall comply with all applicable dimensional requirements specified by Table 5:1.a in Article V.

(Ord. No. 2022-17, 7-25-2022)

5:7.1.

Purpose. This district is intended to accommodate much of the projected growth and development in the unincorporated areas around the towns of St. Matthews and Cameron. It encompasses areas where development logically should locate as a consequence of planned, public facilities and associated capital expenditures; i.e., schools, sewer, water, parks, etc. As such, these districts are designed to accommodate a variety of uses, providing for a full range of residential as well as commercial, institutional, and industrial uses. In so doing, emphasis is placed on requirements that are intended to ameliorate the impact of such uses and eliminate the negative aspects of juxtaposing varied and dissimilar uses.

5:7.2.

Permitted uses. Within the UD, Urban District, a building or premises may be used for any purpose listed in Table 5:2, provided such use shall meet all applicable requirements contained in this chapter, and other applicable ordinances of Calhoun County.

5:7.3.

Dimensional requirements. The dimensional requirements specified by Table 5:1.a shall apply to all proposed new uses and expansions of existing uses, buildings or structures in the UD District. Uses not generally included in one of the use categories in Table 5:1.a shall comply with the most applicable schedule of requirements as determined by the zoning administrator.

(Ord. No. 2022-17, 7-25-2022)

5:8.1.

Purpose. The purposes of this district are to better accommodate existing industrial uses and further the industrial development of the county by protecting both existing industry from encroachment of incompatible land uses and potential sites for future industrial development.

5:8.2.

Permitted uses. Within the ID, Industrial District, a building or premises may be used only for the purposes permitted in Table 5:2, unless otherwise prohibited by the provisions of Article VII; provided such uses shall meet all applicable requirements contained in this chapter.

5:8.3.

Dimensional requirements. Permitted uses in the ID District shall comply with all applicable dimensional requirements specified by Table 5:2-1.

(Ord. No. 2022-17, 7-25-2022)

5:9:1.

Purpose. The purpose of this district is to accommodate community-scale commercial development which could supplement or serve adjacent areas while not having an adverse impact on those adjacent areas. Regional "big-box" retail stores of 40,000 square feet or more are not permitted in this district. For purposes of this section, only those roadways classified as either collector or arterial by Section 6.3.3 shall be suitable for Community Commercial District designation.

Suitable utilities as described in Section 6.5 must be in place for a property to be considered for Community Commercial District zoning designation. Suitability requirements must be satisfied in writing by the individual service providers at the time of zoning amendment application.

5:9.2.

Permitted Uses. Within the CC District, a building or premises may be used only for the purposes specified in Table 5:2, provided such use(s) shall meet all applicable regulations contained in this chapter and other applicable county codes and regulations.

5:9.3.

Minimum Lot Size. No minimum lot size is designated for Community Commercial zoning district. The developer shall demonstrate, through design and use of private property restrictions and covenants, adequate attention to the following aspects of lot design:

a.

Lot size, width, depth, shape, grade, and orientation to streets.

b.

Relationship of lots to adjoining residential or nonresidential development, existing or proposed.

c.

Building setback lines.

d.

Separation of lots from possible incompatible adjacent land uses.

e.

Separation and proper screening of nonresidential development from adjacent existing residential development, determined by Section 6:4.

5:9.4.

Design Standards.

a)

No outdoor storage of any material (usable or waste) shall be permitted in this zone except within enclosed containers. Such area shall be screened from view.

b)

No lighting shall be permitted which would glare from the Community Commercial zone onto any street or into any adjacent property.

c)

No use producing objectionable odors, noise, or dust shall be permitted within five hundred (500) feet from the boundary of any pre-existing residential property.

d)

All business activities permitted within the Community Commercial zone shall be conducted within a completely enclosed building, with the exception of the following:

1)

Off-street parking and loading and/or unloading areas.

2)

Outdoor play areas of a child day care center.

3)

Outdoor seating area for restaurants, provided that the outdoor seating capacity does not exceed 25 percent of the indoor seating capacity.

4)

Outdoor sales lots and open storage areas shall be removed from public view or adequately screened.

5)

Plant nurseries, landscape supply yards, and similar agricultural and horticultural operations, whether retail or wholesale, are not subject to the provisions subparts a) and d) of this Section 5:9.4.

e)

Overall design should be harmonious in terms of landscaping, relationships of buildings and structures, as well as traffic movement.

1)

Building locations should be planned to accomplish a desirable transition with open spaces, pedestrian areas, and off-street parking areas.

2)

The circulation system should provide for the continuation of existing streets and provide for the connection of proposed streets to adjoining properties. Individual curb cuts are discouraged with frontage roads or backage roads strongly encouraged.

(Ord. No. 2022-17, 7-25-2022)

5:10.1.

Reserved.

5:10.2.

Purpose. The purpose of this district is to accommodate multiple-use development on a limited basis and to minimize land use conflicts along major transportation corridors where use controls and limitations are needed to enhance aesthetic values, ensure compatibility and promote a viable growth and development situation.

5:10.3.

Width of the district. The width of the LD District shall not exceed three hundred (300) feet on either side of a thoroughfare for a maximum total width of six hundred (600) feet, not including the area of the right-of-way of the thoroughfare at the time of adoption of the LD zoning classification for that parcel unless delineated otherwise on a zoning map adopted by the county council.

5:10.4.

Permitted uses. Within the LD District, a building or premises may be used only for the purposes specified in Table 5:2, provided such use(s) shall meet all applicable regulations contained in this chapter and other applicable county codes and regulations.

5:10.5.

Prohibited uses. In addition to the implied prohibition of uses not specifically permitted by Table 5:2 above, the following list of uses is specifically prohibited from this district:

a)

Mobile or manufactured homes used as dwellings.

b)

Sanitary and inert landfills, incinerators and infectious waste facilities.

c)

Hazardous waste and nuclear waste transfer, storage, treatment and/or disposal facilities.

d)

Resource recovery facilities, solid waste storage and transfer facilities, waste tire disposal, processing, and treatment sites, composting facilities, and open yard storage of used appliances.

e)

Vehicular race and testing tracks.

f)

Mining and extraction operations.

g)

Commercial and club outdoor pistol, rifle, or skeet range.

h)

Stockyards, slaughter houses, poultry houses, and livestock auction houses.

i)

Correctional facilities, jails, prisons, etc.

j)

Automotive wrecking, salvage and junkyards.

k)

Environmentally sensitive industrial and processing plants, as defined in Section 2:2, Definitions.

l)

Sexually oriented businesses, as defined in Section 2:2, Definitions, and as described in Section 7:19, Sexually Oriented Businesses.

m)

Flea markets, unless in completely enclosed buildings, with no outside display areas or tables allowed.

5:10.6.

Dimensional requirements. Permitted uses in the LD District shall meet the minimum dimensional requirements set forth by Table 5:1.a for uses permitted in the UD, RD, ID, and OR Districts.

5:10.7.

Design Standards. Outside areas for display, parking, and storage for all social, institutional, commercial, industrial, and miscellaneous uses and developments in the LD District shall be reviewed and approved by the zoning administrator, who shall be guided by the following standards:

a)

Off-street parking should be located in the back yard area, or screened by vegetation or berms if located in the front or side yard area.

b)

Outdoor sales lots and open storage areas shall not be permitted, unless removed from public view or adequately screened.

c)

Curb cuts should not be, and in the case of major thoroughfares shall not be, at less than three hundred-foot intervals except where a tract of land would be rendered unusable by the strict application of this section of this chapter. The county planning commission shall determine whether strict application of this section of this chapter shall be enforced.

d)

Overall design should be harmonious in terms of landscaping, relationships of buildings and structures, and traffic movement.

(Ord. No. 2022-17, 7-25-2022)

5:11.1.

Purpose. This district is intended to accommodate office, institutional, and residential uses in areas in transition. It is designed principally for use along major streets serving residential areas, where an alternative to residential use may be accommodated without adversely impacting surrounding residential environs.

5:11.2.

Permitted uses. Within the OR District, a building or premises may be used only for the purposes specified in Table 5:2, provided such use(s) shall meet all applicable regulations contained elsewhere in this ordinance.

5:11.3.

Dimensional requirements. Permitted uses in the OR District shall comply with all applicable dimensional requirements specified by Table 5:1.a.

(Ord. No. 2022-17, 7-25-2022)

5:12.1.

Purpose. The purpose of the planned development district is to encourage flexibility in the development of land in order to promote its most appropriate use; and to do so in a manner that will enhance the public health, safety, morals, and general welfare of the county.

5:12.2.

Intent. Within PD Zones, regulations adapted to such unified planning and development are intended to accomplish the purposes of zoning and other applicable regulations to an equivalent or higher degree than where such regulations are designed to control unscheduled development on individual lots, to promote economical and efficient land use, provide an improved level of amenities, foster a harmonious variety of uses, encourage creative design, and promote a better environment. In view of the substantial public advantages of planned unit development, it is the intent of these regulations to promote, encourage or require development in this form where appropriate in location, character and timing. PD zones may not be established unless non-residential uses (e.g., office or commercial uses) are included within the proposed development.

5:12.3.

Permitted uses. Any use or combination thereof meeting the objectives of Section 5:11.1 may be established in this district upon review and approval by the planning commission and county council. Once approved, the purposed use(s) and no others shall be permitted in the district. Such uses shall be identified and listed on the basis of retail, office, wholesale, residential multifamily, residential single-family detached, manufacturing, etc. The list of approved uses shall be binding on the applicant and any successor in title, so long as the PD zoning applies to the land, unless otherwise amended by ordinance.

5:12.4.

Establishment of PD Districts. PD Districts shall be established by the same procedures as for amendments generally, in accord with Article VIII of this ordinance. Additionally, each PD District shall be identified by the prefix PD and a file number assigned by the planning commission together with whatever other identification may be determined necessary and appropriate.

5:12.5.

Site plan and site plan approval required. A site plan showing the proposed development of the area (zone) shall be prerequisite to approval of a PD zone. The site plan shall be prepared in accord with the requirements of the Land Development Regulations. In considering the plan, the planning commission shall endeavor to assure safety and convenience of traffic movement both within the site and in relation to access streets, and harmonious and beneficial relationship of structures and uses on the site as well as contiguous and off-site properties. To this end, the commission may control vehicular access by plan limitations.

5:12.6.

Minimum area required. Minimum area requirements for establishing a PD on the zoning district map shall be five (5) acres.

5:12.7.

General design, dimensional, and development standards.

a)

Residential density. Residential density shall not exceed fourteen (14) units per acre.

b)

Overall site design. Overall site design shall be harmonious in terms of landscaping, enclosure of principal and accessory uses, size of structures, street patterns, and use relations. Variety in building types, heights, facades, setbacks and size of open spaces shall be encouraged.

c)

Parking and loading. Parking, loading and other requirements for each PD zone shall comply with the requirements of off-street parking and loading regulations of this chapter.

d)

Buffer yards. Buffer yards shall be required for peripheral uses only, and shall be provided in accord with the minimum requirements for adjacent uses. Buffer yards are not required for internal use, but common landscaping is encouraged.

e)

Private streets. Private streets are permitted in an approved PD; provided such streets meet the design and construction standards of the county's land development regulations.

f)

Common open space requirements. Twenty-five (25) percent.

5:12.8.

Actions by planning commission and county council. Action by the planning commission and county council may be to approve the application, to include specific modifications to the application, or to deny the application. If the application is approved, the applicant shall be required to proceed in accord with the approved PD zone plan as supplemented or modified in the particular case, and shall conform to any time or priority limitations established for initiating and/or completing the development in whole or in specified stages. If the application is denied, the applicant shall be so notified in writing, stating the reasons for such denial.

5:12.9.

Administrative action. After a PD District has been established, no building permit shall be issued therein unless and until the zoning administrator has approved final plans and reports for the development as a whole or for stages or portions thereof deemed satisfactory in relation to total development. The form and content of such final plans and reports shall be as prescribed in this ordinance, the land development regulations, or related regulations, generally or for a particular PD District shall be observed.

a)

Approval of final plans and reports shall be based on compliance with regulations applying at the time the land was zoned PD, including such specific modifications as were made by county council in its amending action.

b)

Upon approval of final plans and reports, building permits shall be issued in the same manner as for building permits generally, provided that any requirements concerning the order and location in which building permits are to be issued in the particular PD District shall be observed.

c)

Except as provided below, final plans and reports shall be binding on the applicants and any successors in title, so long as PD zoning applies to the land.

5:12.10.

Changes in approved site plans. Minor changes in approved site plans may be accommodated by the zoning administrator, with review and concurrence by the county attorney, on application by the applicant, but only upon making a finding that such changes are:

a)

In accord with all applicable regulations in effect at the time of the amendment creating the PD District, as modified in the amending section; or

b)

In accord with all applicable regulations currently in effect, without modification.

5:12.11.

Criteria for defining minor changes to approved site plans. In reaching his decision as to whether or not the change is major or substantial enough to require reference to county council, the zoning administrator shall use the following criteria:

a)

Any increase in intensity of use shall constitute a modification requiring county council action. An increase in intensity of use shall be considered to be an increase in usable floor area, an increase in the number of dwelling or lodging units, or an increase in outside land area devoted to sales, displays or demonstrations.

b)

Any change in parking areas resulting in an increase or reduction of five (5) percent or more in the number of spaces approved shall constitute a change requiring county council action.

c)

Structural alterations significantly affecting the basic size, form and style of a building, as shown on the approved plan, shall be considered a change requiring county council consideration.

d)

Any reduction in the amount of open space resulting in a decrease of more than five (5) percent or any substantial change in the location or characteristics of open space, shall constitute a change requiring county council consideration.

e)

Any change in use from one use group to another shall constitute a change requiring county council consideration.

f)

Substantial changes in pedestrian or vehicular access or circulation shall constitute a change requiring county council consideration.

g)

Changes other than indicated above shall be considered major changes and shall be made only by creating a new PD or other map amendments.

5:12.12.

Final plan approval is an administrative action. Final plan approval is an administrative action. No public notice or hearing is required in connection with approval proceedings on final plans or changes in approved plans. The zoning administrator may hold meetings with such notice as he deems appropriate, in connection with such actions.

5:12.13.

Expiration of time limits on PD amendments. If actions required in any amendment establishing a PD District are not taken within the time limit set, the zoning administrator shall review the circumstances and recommend to county council:

a)

That PD zoning for the entire area be continued with revised time limits; or

b)

That PD zoning be continued for part of the area, with or without revised time limits, and the remainder be rezoned to an appropriate category; or

c)

That the entire district be rezoned from PD to an appropriate category. Such recommendations shall include proposals for appropriate action in respect to any legal instruments in that case.

5:13.1.

Purpose. The purpose of these regulations is to permit creation of Special Public Interest (SPI) Districts:

a)

In general areas officially designated as having special and substantial public interest in the protection of existing natural resources or proposed character, or of principal views; or

b)

Surrounding historical buildings or grounds where there is special and substantial public interest in protecting such buildings and their visual environment; or

c)

In other cases where special and substantial public interest requires modification of otherwise applicable district regulations or the repeal and replacement of such regulations, for the accomplishment of the special public purposes for which these districts are established.

5:13.2.

Intent. It is intended that such districts and the regulations adopted for them shall be in accord with and promote the purposes set out in the adopted land use and development plan and other officially adopted plans of Calhoun County in accordance therewith, and shall encourage land use and development in substantial accord with the physical design set out therein.

5:13.3.

Effect of SPI District designation. Such SPI Districts may either:

a)

Supplant districts or portions of districts existing at the time of creation of a particular SPI District; or

b)

Have the effect of modifying requirements, regulations and procedures applying in existing districts or districts hereafter created and remaining after SPI Districts are superimposed to the extent indicated in the particular SPI amendment.

5:13.4.

Establishment of SPI District. SPI Districts shall be established by the same procedures as for amendments generally, in accord with Article X. Additionally, each SPI District shall be identified by the SPI prefix and a file number assigned by the planning commission, together with whatever other identification appears appropriate, and shall contain information and proposals as indicated below concerning the areas, buildings, and/or premises proposed for such regulation:

a)

Statement of intent. The recommendation for an SPI District shall include a statement of intent, specifying the nature of the special and substantial public interest involved and the objectives to be promoted by special regulations or procedures.

b)

Proposed district boundaries. The proposed SPI Districts shall be presented on a map or maps, together with pertinent supplementary material indicating, as applicable:

1)

The boundaries of the SPI District.

2)

The designations of all portions of underlying districts, if any, which will remain after SPI zoning is superimposed and the general regulations which will be affected by the superimposed SPI zoning. Where it is proposed to change the established district boundaries, the map shall show the nature and location of such change.

3)

The location and designation of districts or portions of districts, if any, to be supplanted by SPI regulations.

c)

Proposed regulations. Special regulations for the district shall be set out in the statement of intent. In particular such regulations may require submission of detailed site plans, building plans and elevations and maps indicating the relation of proposed development to surrounding or otherwise affected property in terms of location, amount, character, and continuity of open spaces; convenience of access through and between buildings or in other locations where appropriate for public purposes and where such access will reduce pedestrian congestion on public streets; separation of pedestrian and vehicular traffic; signs; lighting; mixtures of proposed uses; and other matters appropriate to required determinations of the relation to the special public interest of the district and the objectives to be promoted.

d)

Special approval requirements. The regulations may require special review of development plans by the planning commission, the county council or other officials or agencies of Calhoun County.

5:13.5.

Provisions for alterations from applicable regulations generally. Regulations for a particular SPI District or for specified classes of SPI Districts also may (1) authorize or (2) require alterations to regulations applying generally within such districts.

a)

Authorized alterations. The body or bodies, officials or agencies charged with responsibility for review of SPI Districts only upon written application by those submitting plans in a particular case, and only upon making written findings that:

1)

The plan proposed by an applicant, while not strictly in accord with regulations applying generally within the district, meets public purposes and provides public protection to an equivalent or greater degree; or

2)

In the particular circumstances, strict application of the regulation(s) is not necessary for the accomplishment of public purposes or the provision of public protection.

3)

Where such special plan review involves more than one body, official or agency, no such alteration shall be allowed except upon complete concurrence of all bodies, agencies or officials charged with a role in the decision making process.

b)

Required alterations. The body or bodies, officials or agencies charged with responsibility for such special plan review may require alterations from regulations generally applying is such districts only upon making written findings in a particular case that for reasons specifically set forth, such alterations are necessary for the public protection or the protection of the environs of particular buildings and premises.

1)

Among other things, such alterations may require relocation of or increase in yards or other open spaces generally required; reduction in height generally permitted; additional limitation on uses, signs or illumination; and buffering and screening to a greater degree than generally required.

2)

Where such special plan review involves more than one body, official or agency, no such alteration shall be required except upon complete concurrence of all bodies, agencies or officials charged with a role in the decision making process.

c)

Recording authorized or required alterations. Where alterations are thus authorized or required, notation shall be made on the official district boundary map by appropriate identification of the property, the instrument involved and the date of the action.

5:13.6.

Special Public Interest (SPI) Overlay Districts. Two SPI districts are hereby established and defined below.

a)

Flood Hazard District. The flood hazard overlay district applies to all areas within the 100-year floodplain, as defined by current Flood Insurance Rate Maps (FIRM) in unincorporated Calhoun County.

1)

Purpose. The purpose of the Flood Hazard District is to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

a.

Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

b.

Require that uses vulnerable to floods, including facilities which serve such uses be protected against flood damage at the time of initial construction;

c.

Control the alteration of natural floodplains, stream channels, and natural protection barriers which are involved in the accommodation of floodwaters;

d.

Control filling, grading, dredging and other development which may increase erosion or flood damage; and

e.

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

2)

Permitted uses. The Flood Hazard District is an "overlay" district. As such, permitted uses are determined by the "underlying" or primary zone. These regulations temper and modify the development standards of the primary district to the extent necessary to achieve the objectives of subsection (a) above.

3)

Boundaries. The boundaries of the Flood Hazard District (FHD) have been determined by scientific and engineering studies prepared by the Federal Emergency Management Agency and the results thereof plotted on flood maps for Calhoun County. Boundaries for construction or use restrictions set forth within this chapter shall be determined by scaling distances on the flood maps. Where interpretation is needed in order to allow a surveyor to locate the exact boundaries of the district, as shown on the flood maps, the building official shall initially make the necessary interpretation, based on flood profile information pursuant to the provisions of applicable County Ordinances. However, where there is uncertainty involving his decision, the developer may appeal to the board of appeals. The areas within the FHD are further divided into: (1) Floodway Districts (FWD) and (2) Flood Fringe Districts (FFD). The boundaries of these districts are established on the official flood boundary maps for Calhoun County, South Carolina.

4)

Development regulations. All applicable development regulations pertaining to this district are contained in the Land Development Regulations of Calhoun County.

b)

River and Streamside Management Overlay District. The River and Streamside Management Overlay District applies to specified areas along the Congaree River and the Santee River within unincorporated Calhoun County.

1)

Purpose. The Calhoun County River and Streamside Management Overlay Zoning has been established to:

a.

Regulate the density and distribution of population, location of buildings, structures and land for industry, residence, recreation, commercial, agriculture, forestry, conservation, and open space;

b.

Prevent the overcrowding of land and facilitate the creation of a convenient, attractive and harmonious community;

c.

Protect ground water, fisheries and wildlife habitat:

d.

Preserve scenic, historic or ecologically sensitive areas;

e.

Support flood control, reduce storm damage and point and nonpoint source pollution;

f.

Facilitate the adequate provision of water supply and sanitation, and recreational facilities and opportunities;

g.

Guide development in accordance with existing and future needs;

h.

Maintain and improve water quality in the County's rivers, streams and creeks;

i.

Promote the public health, safety, order, appearance, prosperity and general welfare and a healthy vegetative buffer for a stable land surface which absorbs rainfall, reduces heat reflection and noise, and absorbs pollutants which otherwise wash across land.

2)

Permitted Uses. The River and Streamside Management District is an "overlay" district and as such permitted uses are determined primarily by the "underlying" or primary zone. These regulations may, however, temper and modify the development standards of the primary district to the extent necessary to achieve the objectives of subsection (a) above. All additional permitting through the US Army Corps of Engineers, SCDHEC, or any other applicable regulatory agency is required in addition to these regulations.

3)

Boundaries. The minimum horizontal width of the primary streamside management area along the Congaree River or Santee River shall be one hundred (100) feet and shall apply to the banks of these rivers within the jurisdiction of Calhoun County. A primary buffer is defined as the area between the average top edge of the stream channel of the river and a parallel line located 100 feet away.

a.

In addition to the primary streamside management areas along these rivers, a secondary fifty (50) foot streamside management area is established along the main channel of each bank of the perennial streams which flow directly into the Congaree River or Santee River.

b.

The streamside management areas along the main channels of the Congaree River and the secondary streamside management areas along perennial streams shall each be considered contiguous streamside management areas referred to as Congaree River Area.

c.

The streamside management areas along the main channels of the Santee River and the secondary streamside management areas along perennial streams shall each be considered contiguous streamside management areas referred to as Santee River Area.

d.

Shoreline areas contiguous with the spillway elevation of any impoundment existing at the effective date of this ordinance are not subject to the requirements of Section 5:13.6.b). Areas along perennial streams above and below such impoundments are subject to the requirements of Section 5:13.6.b).

4)

Development Regulations. Within the Streamside Management areas it is prohibited to remove the natural vegetation for the purposes of subdivision, land development, timber harvest, or the clearing of land for structures, uses or activities other than those specifically exempt. The streamside management areas shall be left in a natural state and no clearing or grading shall be allowed. Natural leaf litter, humus and soil should remain.

5)

Exceptions. The following uses are specifically exempt from the requirement of this section:

a.

Utility lines, provided no vegetation that is removed shall cause erosion or the width of the buffer is increased by the same amount cleared for the placement of the utility lines or the removed vegetation is reestablished;

b.

The harvest of timber on land currently managed for silviculture and which uses Best Management Practices (BMP's) as described in "South Carolina's Best Management Practices for Forestry" published August 1995, when the area harvested is associated with the implementation of a forest regeneration plan or program recommended by the South Carolina Forestry Commission. Land not currently meeting the above stipulations is not exempt. All timber harvest operations are subject to the provisions of this Section;

c.

Removal of diseased trees is an allowed activity;

d.

Hiking and biking pathways and related facilities so long as such have a maximum width of six (6) feet. Pervious materials shall be used as base materials or elevated boardwalks may be used. Elevated boardwalks shall have a maximum width of four (4) feet and a minimum height of three (3) feet and constructed so as not to impede the flow of surface water. Only the minimum amount of vegetation to accommodate the pathway may be cleared and proper drainage shall be provided along all pathways;

e.

Agricultural activities which do not disturb any existing buffer along a river or stream. Any such agricultural use abandoned for three years or more may be resumed only in complete compliance with the provisions of this Section;

f.

The minimal removal of trees and other vegetation is allowed for the following:

i.

Emergency measures to contain industrial spills;

ii.

To install fences along property lines;

iii.

To provide for the establishments of Best Management Practices;

iv.

To enhance river and stream view for single family homes provided that the cutting of trees and other vegetation within the Streamside Management Areas is limited to a maximum linear width of fifty (50) feet and removal of trees less than five (5) inches in diameter at breast height.

v.

The construction of marinas or docking facilities provided no new roads are created and only the minimal amount of vegetation needed to accommodate the facility is removed.

6)

Prohibited Uses. The following uses are specifically not allowed in the Calhoun County Streamside Management Areas:

a.

Lawn and turf grass as a permanent landscape feature, unless using Best Management Practices for environmentally friendly lawn care or for erosion stabilization;

b.

Septic tanks, drain fields and repair areas;

c.

No sediment basins, open channels or piped storm water is allowed through the buffer. Drainage areas should be designed to allow water sheet flow across the buffer.

7)

Special Provisions. When municipal or county water and sewer utilities are installed and used in the development of property impacted by these regulations, lot size requirements may be reduced for all lots within the development in proportion to the acreage reserved within the required streamside management areas. The final plat of the subdivision and individual lots within said development shall indicate the boundaries of the required streamside management area.

5:14.1.

Purpose. The purpose of this district is to provide a transition between commercial and industrial uses. All of the uses permitted in this district shall be conducted in such a manner that no noxious odor, fumes, smoke, dust, or noise will be admitted beyond the property line of the lot on which the use is located.

5:14.2.

Permitted uses. Within the SD, Service District, a building or premises may be used only for the purposes specified in Table 5:2, provided such uses shall meet all applicable requirements in this ordinance.

5:14.3.

Prohibited Uses. The following list of uses are specifically prohibited in this district.

a)

Industrial uses that would in their normal operation have an impact on surrounding properties;

b)

Manufacturing;

c)

Truck terminal.

5:14.4.

Dimensional requirements. Permitted uses in the SD District shall comply with all applicable dimensional requirements specified by Table 5:1.a in this Article V.

(Ord. No. 2022-17, 7-25-2022)