The AG-8, Agricultural district is intended for rural agriculture areas of the City of Charleston.

The AG-S, Agricultural-Special district is intended for rural agricultural areas where light industrial uses that comply with the conditions listed herein are also appropriate.

Except as modified in this Article, the regulations of Chapter 54 shall apply.

(Ord. No. 2018-031, § 11, 4-10-18)

Table 10.2 Table of Permitted Principal Uses in Section 54-1005 lists the principal uses that are permitted in the AG-8 and AG-S, Agricultural zoning districts. Accessory uses are allowed in the AG-8 and AG-S base zoning districts in accordance with Section 54-1008. Regulations for special event uses in the Agricultural zoning districts are under Article 10, Part 2.

(Ord. No. 2018-031, § 11, 4-10-18)

All residential and nonresidential development in the AG-8 and AG-S districts shall be subject to the following density, intensity and dimensional standards:

Table 10.1, AG-8 and AG-S Density/Intensity and Dimensional Standards

(Ord. No. 2018-031, § 11, 4-10-18)

Development in the AG-8 and AG-S districts shall comply with all other applicable regulations of this Chapter, including off street parking, landscaping, buffers, tree protection and subdivision regulations, except as amended within Article 10. All waterfront property shall be subject to the provisions of the Waterfront Development Standards contained in Section 54-1009. Existing lots of record on the waterfront shall be subject to the Critical Line Buffer requirements in Section 54-347.1.

(Ord. No. 2018-031, § 11, 4-10-18)

Permitted principal uses for the AG-8 and AG-S base zoning districts shall be as set forth in Table 10.2, and as modified by special provisions, exceptions and conditions contained herein. Principal use means the primary or predominant use or uses of a lot or parcel, except that home occupations are only allowed pursuant to the requirements specified in section 54-211. Any use listed in this Chapter that is not listed on this Table 10.2 is expressly prohibited.

a.

Symbols used in the table are as follows:

1.

The letter "A" means the indicated use is permitted by right in the indicated district;

2.

The letter "S" means the indicated use is permitted in the district, subject to the granting of a special exception by the Board of Zoning Appeals—Zoning, Section 54-1006;

3.

The letter "C" means the indicated use is permitted in the indicated district as a conditional use, subject to a finding by the zoning administrator that the use satisfies specific conditions listed in Section 54-1007.

b.

Any use not permitted in a district is expressly prohibited.

c.

The zoning administrator may utilize the Standard Industrial Classification Manual to determine the appropriate classification of a land use.

(Ord. No. 2018-031, § 11, 4-10-18)

Uses designated in Table 10.2 Table of Permitted Principal Uses as being allowed with the approval of a special exception, are permitted, subject to the approval of the Board of Zoning Appeals—Zoning, where the Board finds that requirements listed below for such uses are met.

Application Requirements. All applications for a special exception shall include a site plan drawn to an engineer's scale showing the property dimensions, dimensions and locations of existing and proposed structures and improvements, parking areas, grand trees, wetlands (properties containing DHEC-OCRM Critical Line areas must contain an up to date DHEC-OCRM signature on the site plan or plat), holding basins and buffers when applicable. One 24 × 36 copy and three (3) reduced 11 × 17 copies shall be submitted.

a.

Approval criteria.

1.

Special Exceptions for the AG-8 and AG-S Districts may be approved only if the Board of Zoning Appeals Zoning finds that the proposed use:

(a)

Is consistent with the character of the underlying zoning district "Purpose and Intent";

(b)

Is compatible with existing uses in the vicinity and will not adversely affect the general welfare or character of the immediate community;

(c)

Adequate provision is made for such items as: setbacks, buffering (including fences and/or landscaping) to protect adjacent properties from the possible adverse influence of the proposed use, such as noise, vibration, dust, glare, odor, traffic congestion and similar factors;

(d)

Where applicable, will be developed in a way that will preserve and incorporate any important natural features;

(e)

Complies with all applicable rules, regulations, laws and standards of this Chapter, including but not limited to any use conditions listed below, zoning district standards, or TRC Approval requirements of this Chapter; and

(f)

Vehicular traffic and pedestrian movement on adjacent roads shall not be hindered or endangered.

2.

In granting a Special Exception, the Board of Zoning Appeals Zoning may attach to it such conditions regarding the location, character, or other features of the proposed building or structure as the Board may consider advisable to protect established property values in the surrounding area or to promote the public health, safety, or general welfare.

b.

Concentrated animal feeding operations. Concentrated animal feeding operations and commercial feed lots consisting of a confined area or facility within which the property is not grazed or cropped annually, and which is used and maintained for the purposes of engaging in the business of the reception and feeding of: more than 50 beef or dairy cattle; more than 50 horses; more than 150 hogs, sheep or goats; more than 1,000 or more birds, such as turkeys, chickens, ducks or geese: or more than 1,000 small animals, such as guinea pigs, rabbits, and minks.

c.

Farm labor housing (more than 10 residents). A building or structure which is designed or constructed as a place of residence for more than 10 transient farm workers that satisfies the following requirements.

1.

Such use shall be set back 100 feet from road rights-of-way and property lines bordering undeveloped parcels. A minimum 200-foot setback shall be required from property lines abutting developed parcels.

2.

A minimum 50-foot Type F Buffer shall be maintained and planted within the setback area along all interior lot lines.

3.

For farm labor housing that is not dormitory style, the minimum lot area for such use as a use permitted by right shall be five acres. Such use shall be allowed as a Special Exception on parcels under five acres in area.

4.

Farm labor housing shall be used on a seasonal basis only, not as year-round housing.

d.

Group day care home, residential. Shall satisfy the definition in Section 54-120, except that a group day care home approved as a special exception may include up to 20 children.

e.

Retirement Housing, Limited. The use of an existing dwelling unit for independent living and marketed specifically for the elderly, persons with physical disabilities or both, with ten or fewer residents.

Small site retirement housing shall be subject to the following standards:

1.

Such use shall be allowed only if reviewed and approved as a special exception in accordance with the procedures of this Article.

2.

Only existing single family dwelling units may be used for such facilities.

3.

No more than ten residents shall be allowed within such facility.

4.

Medical services shall not be permitted on the premises.

5.

Small site retirement housing will not include programs or treatment for individuals suffering from mental illness, drug addiction or alcoholism.

6.

Facilities shall comply with all applicable state regulations.

f.

Golf driving ranges. Any structure established in connection with such uses shall have a setback of not less than 100 feet from any property in an agricultural, residential or office zoning district, except where such property line abuts a street, in which case the front setback established for the district shall apply.

g.

Social or civic organization. An establishment providing meeting, recreational, or social facilities for a nonprofit association, primarily for use by members and guests of youth organizations, fraternal organizations, and other similar groups. This use does not include any type of residential facility, such as fraternity or sorority houses.

h.

Social club or lodge. A building, structure, or grounds, or portion thereof, which is owned by or leased to private organizations, social clubs, or non-profit associations for meeting, recreational, or social purposes. The use of such premises is restricted to the members of these organizations and their guests.

i.

Recreational vehicle parks. Recreational vehicle parks for highway vehicular, portable structures designed as temporary dwellings for travel, recreational, and vacation uses. The term includes camping trailer, motor home, travel trailer, and truck campers; the term does not include manufactured housing units.

Recreational Vehicle Parks shall be subject to the following standards:

1.

Location and Access. Recreational vehicle parks shall be located in a public park or with direct access to a state or federal numbered highway or an approved county road. No entrance to or exit from a recreational vehicle park shall be through an agricultural, residential or office zoning district.

2.

Site Conditions. Condition of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. No portion of the site that is subject to unpredictable and/or sudden flooding, subsidence, or erosion shall be used for any purpose that would expose persons or property to hazards.

3.

Spaces for Occupancy; Uses Permitted; Lengths of Stay. Spaces in recreational vehicle parks may be used by recreation vehicles, as defined herein. Spaces shall be rented by the day, week, or month only, and no recreational vehicle shall remain in the same trailer park for more than six months. The recreational vehicle park owner shall be responsible for maintaining records of all recreational vehicles and their lengths of stay and shall make these records available to the Planning Director for review upon request.

4.

Site Planning and Required Improvements. Site Planning and Improvements shall provide for:

(a)

Facilities and amenities appropriate to the needs of the occupants;

(b)

Safe, comfortable, convenient and sanitary use by occupants under all weather conditions to be expected during periods of occupancy; and

(c)

Protection of occupants from adverse environmental influences, and where appropriate, protection of the neighborhood from potential adverse influences within the recreational vehicle park.

5.

Relation of Spaces to Public Streets. No space shall be located so that any part intended for occupancy for sleeping purposes shall be within 50 feet of the right-of-way line of any major thoroughfare or collector street, or within 25 feet of the right-of-way line of any other street.

j.

Catering service.

1.

A structure or structures used for catering services shall have a maximum floor area of 2,000 square feet.

2.

On-site retail sales are prohibited.

3.

All catering service uses shall comply with the TRC Approval requirements of this Chapter.

k.

Community dock. A community dock(s) is any docking facility that provides access for more than four families (greater than or equal to 5 watercraft slips and less than or equal to 10 watercraft slips) and is not a marina. All community docks shall be considered a water-dependent use.

Community dock(s) shall be subject to the following standards:

1.

All proposed community docks shall comply with all applicable regulatory requirements of State and Federal agencies including but not limited to South Carolina Department of Health and Environmental Control (SCDHEC) and U.S. Army Corps of Engineers;

2.

All proposed community docks that provide access for more than four families (greater than or equal to five watercraft slips and less than or equal to ten watercraft slips) shall require review and approval in accordance with the special exception procedures of this Article;

3.

All proposed community docks must have a minimum of 75 feet of lot frontage at the marsh edge (OCRM Critical Line) and a minimum of 75 feet between its extended property lines at the location in the waterbody of the proposed dock;

4.

No leasing or other transfer of space to individuals who do not reside in the residential community or other commercial uses are allowed at community docks;

5.

Project proposals shall include facilities for the proper handling of litter, waste, refuse and petroleum products in accordance with SCDHEC regulations;

6.

A boat ramp may be allowed at a community dock subject to section 54-1007.n and

7.

Approval of this particular use shall not relieve the recipient (use) of responsibility for complying with all other applicable requirements of any other local, county, state or federal agency. In addition, approval by the City does not guarantee nor recommend approval from any other legal entity or governmental agency.

l.

Resource extraction.

1.

Applications. All uses involving resource extraction shall complete the TRC Approval process and obtain a Zoning Permit. Prior to TRC Approval, the applicant shall receive approval or written documentation of exemption from the South Carolina Department of Health and Environmental Control (SCDHEC).

2.

Special Exceptions. Resource extraction uses that do not meet the conditions below shall comply with the Special Exception procedures of this section and all requirements of sub-section a. Applications, above, shall apply. The applicant shall receive Special Exception approval and approval from SCDHEC, prior to TRC Approval. The Board of Zoning Appeals Zoning may, on a case-by-case basis, also require conditions of approval, including but not limited to, requiring that the excavation area be screened and that a drainage plan be submitted and approved for the restoration of the site when excavation has been completed.

3.

Special Exception Exemptions for Bona Fide Agricultural Uses. Bona fide agricultural uses are defined as follows: Allowed primary uses on real property to raise, harvest or store crops, feed, breed or manage livestock, or to produce plants, trees, fowl or animals useful for human consumption, including the preparation of the products raised thereon for human consumption and disposed of by marketing or other means and which the subject property receives agricultural preferential assessment by the County Assessor's office. Such uses include agriculture, grazing, horticulture, forestry, dairying and mariculture. Uses that do not qualify as bona fide agricultural uses include recreation, hunting clubs, fishing clubs, vacant land (land lying dormant), and any other similar uses.

Excavation or grading activities solely for residential use, recreational use, or bona fide agricultural use shall be exempt from the special exception procedures of this Article if the use complies with all of the following conditions:

(a)

The resource extraction operation shall be limited to one year;

(b)

The resource extraction operation shall not be located within 50 feet of any property boundary and/or within 250 feet of any building intended for human occupancy existing at the time of permit application;

(c)

The resource extraction operation shall be two acres or less, provided that the total accumulated area(s) dedicated to resource extraction uses on a parcel is less than five acres. The Special Exception procedures of this Section shall apply if the total accumulated resource extraction area is greater than five acres; and

(d)

No more than one resource extraction use shall be permitted on the same property within one year from the date of Zoning Permit approval for a previous resource extraction use.

4.

Plat Alternative for Bona Fide Agricultural Uses. The zoning administrator may waive the requirement that an approved and recorded plat of the subject property be submitted as part of a resource extraction application for a bona fide agricultural use when the proposed use complies with all of the conditions of sub-section C, above, and a scaled survey, scaled aerial photograph, or print of equal quality is submitted.

(Ord. No. 2018-031, § 11, 4-10-18)

Uses designated in Table 10.2 Table of Permitted Principal Uses as being allowed as a conditional use, are permitted, subject to the approval of the zoning administrator, where the zoning administrator finds that requirements listed below for such uses are met.

a.

Wineries.

1.

The winery use shall be limited to an agricultural processing facility used for the commercial purpose of processing grapes, other fruit products or vegetables to produce wine or wine related spirits, excluding beer and liquor. Processing includes wholesale sales, crushing, fermenting, blending, aging, storage, bottling, administrative office functions for the winery and warehousing. Retail sales and tasting facilities of wine and related promotional items and winery tours may be permitted as part of the winery operations.

2.

All winery uses shall comply with the requirements of this Chapter.

3.

Special Exception procedures in section 54-1006 shall apply for parcel(s) totaling less than five (5) acres in size.

4.

Prior to site plan approval the applicant shall provide a copy of an approved permit from the State of South Carolina Department of Revenue, Alcohol Beverage Licensing. All winery uses shall also comply with applicable agency requirements such as SCDHEC requirements.

5.

The following uses and activities are permitted at a winery after completion of the Site Plan Review process:

(a)

On-premises sale of wine and wine consumption (tasting room and accessory retail limited to 1,500 square feet, days and hours of operation limited to Monday thru Saturday from 10:00 a.m. to 7:00 p.m.);

(b)

Daily tours limited to Monday thru Saturday from 10:00 a.m. to 7:00 p.m.; and

(c)

Special events, including festivals (limited to five (5) special event permits per calendar year, no more than ten (10) consecutive days). Special events permits shall be issued only if the requirements of Article 10, Part 2, are met and adequate parking and sanitary facilities are provided to serve the proposed use or activity in accordance with the requirements of this Ordinance.

b.

Reserved.

c.

Stable, commercial. Commercial boarding or riding stables may be established as primary or accessory uses provided they meet all applicable standards of this Chapter and the following requirements.

1.

The following requirements shall apply to commercial stables as defined in this section:

(a)

A minimum lot area of five acres shall be required; otherwise this use shall comply with the Special Exception procedures contained in section 54-1006.

(b)

Riding areas and trails shall be limited to the subject parcel upon which the stable is located unless documentation is provided granting access onto other lands. Such documentation shall be provided through written and recorded documents.

d.

Agricultural processing uses. Animal production and agricultural processing uses shall be subject to the following standards.

1.

In order to be permitted by right, such uses must be located on a lot with a minimum area of five acres. On lots with an area of under five acres, such uses are allowed only if reviewed and approved in accordance with the Special Exception procedures in Section 54-1006.

2.

The use shall be set back at least 100 feet from road rights-of-way and property lines bordering undeveloped parcels. A minimum 200-foot setback shall be required from property lines abutting developed parcels.

3.

A minimum 50-foot Type F Buffer shall be maintained and planted within the setback area along all interior property lines.

4.

Any outdoor lighting shall be oriented and arranged to minimize spillover lighting and glare on surrounding roads and properties.

e.

Dwelling group.

Defined: Two or more principal structures, each a single dwelling unit (not including manufactured housing units), that are located on the same lot. This definition does not refer to accessory dwellings units, such as garage apartments or guest houses. The zoning administrator shall be authorized to allow the use of dwelling groups for two or more residential structures on the same zoning lot when it is deemed necessary to facilitate random grouping of buildings to preserve trees and other natural features, mitigate development constraints due to irregular shaped parcels or for the conversion of condominium buildings to fee simple ownership.

1.

Density/Intensity and Dimensional Standards. Density/intensity and dimensional standards of the underlying zoning district shall apply. In each case, the distance between structures shall not be less than the sum of the minimum interior setbacks required for the zoning district. This distance shall be measured from the closest protrusion of each structure. A minimum 40 foot by 40 foot building envelope (1,600 square feet) and, a maximum of a 100-foot by 100-foot building envelope (10,000 square feet) shall be shown for each dwelling to indicate the area where each dwelling is to be constructed. The provisions for access, parking, utilities, sewer and water can be provided by a public entity or located on common area owned by the property owners.

(a)

Setbacks and Buffers. Setback and buffer requirements within building envelopes shall not apply to dwelling groups.

2.

Site Plan Review. Dwelling Groups are required to complete the Site Plan Review process through the Technical Review Committee. In addition to any other applicable provisions of this Chapter, the following information shall be shown on all site plans:

(a)

Layout. Each dwelling unit shall face (front) a street, courtyard or outdoor living space.

(b)

Building Envelope. Building envelopes shall be depicted on site plans indicating the location of the proposed or existing building footprint or building area as a dashed line.

(c)

Accessory Structures. Proposed accessory structures must be shown on the site plans and meet the accessory structure requirements of this Article.

(d)

Parking and Vehicular Access. If the required parking is not within the building to be constructed, there shall be shared or offsite parking that meets the required parking needs within the common area. Each dwelling group shall provide an access consistent with the Road Construction Standards in Article 10, Part 4.

3.

Subdivision. Individual lots for attached or detached buildings may be located on their own fee-simple lot provided the subdivision meets the following requirements:

(a)

Site Plan Review. Completion of TRC Approval is required prior to submitting for subdivision of a dwelling group.

(b)

Lots. Except as described in above. lots created in Dwelling Groups for fee simple ownership shall meet the Article 8.

(c)

Building Envelopes. Building envelopes shall be depicted on subdivision plats indicating the location of the proposed or existing building footprint or building area as a solid line.

(d)

Common Area. A mandatory property owners association shall own the common areas and documentation shall be included on all plats and recorded deed insuring access, parking, utilities and maintenance.

(e)

Subdivisions. Subdivisions shall be in compliance with the Horizontal Property Act. S.C. Code Ann. Section 27-31-130 et. seq.

4.

Other Zoning Requirements. Unless specifically modified by this Section, Dwelling groups shall comply with all other requirements of the AG-8 or AG-S districts.

f.

Farm labor housing (up to ten residents).

Defined: A building or structure which is designed or constructed as a place of residence for up to ten unrelated, transient farm workers living as a single housekeeping unit. Farm Labor Housing shall be subject to the following standards:

1.

Such use shall be set back 100 feet from road rights-of-way and property lines bordering undeveloped parcels. A minimum 200-foot setback shall be required from property lines abutting developed parcels.

2.

A minimum 50-foot Type F Buffer shall be maintained and planted within the setback area along all interior lot lines.

3.

For Farm Labor Housing that is not dormitory style, the minimum lot area for such use as a use permitted by right shall be five acres. Such use shall be allowed as a Special Exception pursuant to the requirements of section 54-1006 on parcels under five acres in area.

4.

Farm labor housing shall be used on a seasonal basis only, not as year-round housing.

g.

Single family detached affordable housing units. To promote ownership or occupancy of affordable, quality housing by low-income households, property within the AG-8 and AG-S zoning district may be approved for subdivision and development in accordance with the density/intensity and dimensional standards of this Part. The entity developing the subject lot must construct new residential housing for the provision of affordable housing as defined in this Chapter. The purchaser or tenant of the affordable household, at the time of closing or rental agreement, must meet the HUD definition of low-income. The following standards of this Section must also be met:

1.

Single Family Detached Affordable Housing Units. For purposes of this section, single family detached affordable housing units shall meet the definition for affordable housing in section 54-120.

(a)

As to rental units, these units shall be rented to households earning no more than eighty (80) percent of the area median income, and the rents charged by the owner shall be in accordance with the Fair Market Rents published annually by the U.S. Department of Housing and Urban Development or such entity that may be subsequently designated. In the absence of such information, the rents charged by the owner shall not exceed 30 percent of the household annual income. The owner shall be required to submit to the City of Charleston Department of Housing and Community Development, or its successor, the rental rate to be charged and verified income reports of household income of all rental occupants at the inception of each tenancy and on no less than a yearly basis thereafter, as determined by the City of Charleston Department of Housing and Community Development, or its successor. These units shall be subject to these restrictions for no fewer than 20 years from the initial occupancy as affordable housing. The owner shall execute a Memorandum of Use with the city as a party acknowledging the use of the property for Affordable Housing in accordance with the provisions of this Section, which Memorandum shall be in a form acceptable for recording in the record office of the applicable county and which shall be recorded in the record office of the applicable county. If a proposal meets the requirements of this section and the owner is willing to enter into the terms of a Memorandum of Use contained in this paragraph, the Mayor shall be authorized so sign the Memorandum of Use on behalf of the City.

(b)

As to owner occupied units, these units shall be sold to households earning no more than one hundred twenty (120) percent of the area median income. Each owner, prior to initial occupancy, shall be required to submit to the City of Charleston Department of Housing and Community Development, or its successor, a verified income report of household income of all members of the household. These units shall be subject to resale restrictions for no fewer than ten years from date of initial sale of the property. Such restrictions will be recorded as deed restrictions.

2.

Ownership. Single family detached affordable housing units shall be sold or rented to qualified households, as described herein.

3.

Density/Intensity and Dimensional Standards.

(a)

The maximum density and minimum lot area standards listed in the following table shall apply to single family detached affordable housing units:

(b)

Single family detached affordable housing units shall comply with the dimensional standards of the SR-1 Zoning District, as contained in section 54-301, where no standard is listed in the table above.

4.

Uses. Only single family detached affordable housing units are allowed.

h.

Adult or child day care facility. Day care facilities shall satisfy the definitions and terms in Section 54-120.

i.

Pre-school or educational nursery. A school, with an accredited training program and staffed with certified teachers, for children who are not old enough to attend kindergarten.

j.

Historical site. The operation of historical sites shall be restricted to the hours between 7:00 a.m. and 8:00 p.m.

k.

Nature exhibitions.

1.

The nature exhibition use shall fit within the following definition: A public display of materials or living things of the outdoors, including the re-creation of natural wildlife habitats native to the Charleston area. This term does not include facilities, such as zoos, where the primary purpose is the display of live animals.

2.

Where nature exhibitions are of public ownership or listed in the National Registry of Natural Landmarks or registered as a Heritage Site with the South Carolina Heritage Trust in accordance with the provisions of Act #600 of the 1976 Acts and Joint Resolutions, either in public or private ownership, accessory uses to acquire maintenance revenue are permitted.

3.

Accessory uses are limited to the retail sale of gifts, novelties, souvenirs, food services, and bicycle, horse or boat rental for on-premises use.

4.

Accessory structures so used shall not exceed ten percent in size of the principal structures when the nature exhibit is housed, or 1,200 square feet for each acre when the nature exhibit is not enclosed.

5.

Parking requirements for each accessory use, in addition to the parking requirements for the principal use, shall comply with the parking requirements for the type of use as specified in Article 3.

6.

Signs advertising accessory uses shall be located on the premises and not visible from a public road.

l.

Postal Service, United States. Any postal service facility shall have a maximum floor area of 5,000 square feet or less; otherwise this use shall fall under the special exception procedures of this Section.

m.

Golf courses. Golf courses shall be reviewed and approved through the Technical Review Committee for compliance with City codes and shall be subject to the following standards and criteria:

1.

An impact analysis must be submitted that indicates the potential number of members, the characteristics of the golf course membership, a traffic impact analysis and a complete site analysis as detailed below:

(a)

Required Site Analysis. The layout of any golf course shall be determined after preparing the required site analysis. The detailed site analysis will be done in order to identify the site's most significant environmental, historic, cultural, and natural resources. The site analysis will include:

i.

Vegetation. Characteristics of a vegetation survey related to land use will describe principal, predominant, and significant vegetation, by type, condition, age, use, and general or specific location. Features in the survey will include trees and shrubs, agricultural fields, tree lines, native vegetation, orchards, groves, woodlots, pastures, wetlands, forests, and grasslands. The vegetation survey shall indicate any significantly large trees or endangered plant or animal species that may reside on the site and is protected by law.

ii.

Historical, Archaeological and Cultural Resources. Historical resources located within the proposed golf course development must be identified on the plat. Sources such as the County of Charleston Historical Survey (1991), state registers, and federal registers such as the National Register of Historic Places shall be utilized in identifying these resources. The historical survey is important for noting structures and areas that must be protected as designated landmarks.

iii.

Adjacent Land Use Patterns. Land use on adjacent properties shall be identified. Features such as, but not limited to, roads, rice dams, traditional settlement areas, cemeteries, clusters of structures, parks, marinas, and logging areas shall be shown.

iv.

Hydrography. All water features including streams and sensitive areas on the site, such as wetlands and riparian corridors, must be located. The purpose of locating these features is to limit disturbance of soil and vegetation that affect water quality features. Hydrography shall be used to determine where water required wetland buffers and other requirements such as drainage easements will be located. Wetland buffers of 50 feet are required on all saltwater marshes, and 35 feet on all protected freshwater wetlands. All water bodies—rivers, streams, drainage channels, marshes or wetland, floodplains and aquifers must be inventoried or identified.

v.

Wildlife Habitat Areas. The purpose of identifying wildlife areas is to assess the ecological conditions of the landscape and to provide continuation of these habitat areas. Features of this survey shall include the presence of any threatened or endangered species, natural areas vital to wildlife species, habitat areas that are connected to larger undisturbed natural habitat (connected habitat system). Through this method the study will develop key points or areas that should be left undeveloped, then define those areas most suitable for development.

2.

Potential sites should be selected which allow the golf course to be routed in such a way as to minimize the need to alter, create or remove existing native landscapes, trees, and vegetation, and which provide opportunities for restoration/enhancement of valuable habitat.

3.

Sites which have archaeologically or geologically significant and sensitive or critical habitat or environmental features shall be identified and either relocated or preserved through careful golf course design. Permanent open space easements or other techniques may be used, as appropriate, to effect preservation. The site design shall identify areas for restoration, replanting, and enhancement of riparian and littoral habitat to re-establish wildlife migration corridors and lineages between fragmented habitat areas. Protection and planned restoration/enhancements for such areas during construction and ongoing operation must be ensured. Native habitats and communities of special value to threatened/endangered species shall be preserved to the greatest extent possible, consistent with State and Federal regulation.

4.

Each site selected [as a] golf course development will likely have a variety of habitat types present. These habitat types must be identified and provisions made for routing of the course or relocation of the species.

5.

The site plan should protect drainage systems that support retained vegetation. Ponds shall be developed which mimic conditions in terms of both aesthetics and habitat.

6.

Structures and buildings should be located such that impacts to habitats and significant natural areas are avoided.

7.

Design and Construction Standards:

(a)

Marshes, Creeks and Wetlands:

i.

The golf course design must attempt to minimize the number of marsh, creek or wetland crossings. Marsh, creek or wetland crossings must be designed in such a way to minimize erosion and harmful effects of significant habitat and migration corridors.

ii.

Bridges must minimize alteration of the marsh, creek or wetland environment.

iii.

Design must create and restore riparian habitat, especially in previously degraded habitat areas, and must reduce the impact of alterations necessitated by design and construction of the course.

iv.

The course design must employ vegetated buffer strips of sufficient width to mitigate impacts to riparian corridors and other significant habitat which may result from surface drainage of the golf course, cart paths, and other developed areas. In certain circumstances where riparian vegetation has been degraded or does not exist, turf grass and rough areas may be located in closer proximity to the marshes, creeks and wetlands.

v.

Cart paths must be graded such that runoff from them generally does not flow directly into any marsh, creek or wetland.

vi.

Construction fencing/siltation barriers must be utilized during the construction phase where needed to protect habitat and marsh, creek or wetland areas.

(b)

Trees:

i.

The selected site must not be heavily forested (with more than 60 percent tree canopy coverage).

ii.

The design of the course and related facilities must maximize the preservation of clusters or significant stands of trees, particularly grand trees, and otherwise preserve "interior" habitat areas.

iii.

Irrigation systems shall be designated to avoid impacting existing oaks or other sensitive vegetation.

iv.

If required by the Planning Director, a certified professional arborist, botanist, or forester shall be employed by the applicant to evaluate the status of the trees and related habitats on the site and provide direction for restoration and/or enhancement of impacted trees.

v.

Cart paths within the drip lines of trees slated for preservation must be grated in such a way as to not damage or stress the tree.

vi.

Barriers (curbs, fencing, vegetation, etc.) should be established to discourage cart and pedestrian travel off paths located within or adjacent to sensitive habitat.

(c)

Water Quality:

i.

Lined artificial storage ponds must not be located in prime groundwater recharge areas.

ii.

Turf grass species and landscaping around buildings should be selected which are drought resistant or tolerant and which are suited for any special site characteristics or soil conditions.

iii.

State-of-the-art irrigation systems with site meteorological monitoring capability should be used to minimize water use.

iv.

If on-site wells or ponds are to be used as the irrigation water source, analysis will be required to determine the safe yield in order to prevent aquifer, off-site wells and/or marsh, creek or wetland depletion. The developer will be held responsible for any negative impact on water supplies to adjacent or nearby properties.

v.

Paved areas should be limited in order to minimize impermeable surfaces, and thereby reduce surface runoff.

vi.

The project should employ established best management practices pursuant to the Non-Point Source Program guidelines to control non-point source (storm water) runoff pollution. For example: impervious liners for detention/retention ponds and water hazards to protect ground and surface water quality; buffer strips, oil/grease separators or other recommended techniques for parking area drainage systems; grease traps and other recommended technologies for facilities such as golf cart maintenance or wash areas to prevent untreated runoff from entering the natural aquatic environmental berms, vegetative strips, grease traps, or other recommended technologies in parking areas for drainage controls to minimize pollution to nearby riparian areas ad surface waters.

vii.

The overall drainage system shall be designed to comply with all City codes and standards for storm water drainage systems.

(d)

Archaeology:

i.

The design of the course must preserve significant archaeological areas and/or historical features present on the site.

ii.

Significant archaeological sites must be staked, flagged, or fenced off to insure their protection.

(e)

Noise:

i.

Where possible, clubhouse facilities and other noise-generating uses and facilities should be located away from neighbors who might be impacted.

ii.

Roads must be sited such that traffic noise is minimized for adjacent areas.

(f)

Growth-Inducing Impacts:

i.

The project should not provide infrastructure improvements that would be capable of serving new development other than the proposed project.

ii.

The project should not stimulate economic expansion or growth (e.g. major changes in tax revenue base, employment expansion, etc.) other than that necessary to serve the proposed project.

iii.

In cases where the golf course developer owns lands adjacent to the project site, a plan for the potential development of those adjacent lands should be submitted for evaluation.

iv.

Deed restrictions, open space easements, or other appropriate techniques must be used to mitigate or prevent growth-inducing impacts inside the development.

8.

Time Limit for Staff Review. Upon the receipt of a complete application for a golf course, the Technical Review Committee shall have a maximum of 45 days to review the application. TRC's failure to review the application within 45 days will result in the applicant being granted a TRC approval.

n.

Private Boat Ramp. All proposed private boat ramps shall comply with all applicable regulatory requirements of State and Federal agencies including but not limited to South Carolina Department of Health and Environmental Control (SCDHEC) and U.S. Army Corps of Engineers.

o.

Parks, Recreation, Outdoor Recreation/Entertainment, Outdoor Shooting Ranges, and Recreation or Vacation Camps.

1.

Any outdoor recreation and entertainment use shall satisfy the following definition: Outdoor participatory and spectator-oriented recreation and entertainment uses conducted in open, partially enclosed, or screened facilities, excluding any sexually oriented businesses.

2.

Any recreation (or vacation) camp use shall satisfy the following definition: An area or tract of land primarily used for recreational purposes that retains an open air or natural character. Accommodations for temporary occupancy, such as cabins and tents, may be located or placed in these areas. This definition does not include areas for recreational vehicles or motorized campers.

3.

Any structure established in connection with such uses shall have a setback of not less than 100 feet from any property in an agricultural, residential or office zoning district, except where such property line abuts a street, in which case the larger of the front setback established for the district or the buffer requirement for the street frontage, shall apply.

p.

Religious Assembly.

1.

Any religious assembly uses shall be in accordance with the following definition: A church, synagogue, temple, monastery, convent, retreat center or any permanent or temporary building providing regular, organized religious worship of any denomination and religious education incidental thereto, but excluding private primary or secondary educational facilities day care facilities. A property tax exemption obtained pursuant to state law shall constitute prima facie evidence of religious assembly use.

2.

All religious assembly uses shall comply with the TRC Approval requirements of this Chapter.

q.

Bed and breakfasts. Bed and Breakfasts shall be subject to the following standards:

1.

No exterior alterations, other than those necessary to assure the safety of the structure, shall be made to any building for the purpose of providing a bed and breakfast.

2.

Bed and breakfasts shall contain no more than ten guest rooms.

3.

There shall be an owner or innkeeper/manager residing on the premises.

4.

Meals may be served by the resident owner to paying guests staying at the bed and breakfast.

5.

Parking areas for bed and breakfast uses located in agricultural or residential zoning districts shall be screened from view of residential zoning districts and public right-of-ways by evergreen plant material that will provide opaque screening at the time of plant maturity.

6.

Only one full-time or part-time employee, who is not a full-time resident of the home where the bed and breakfast is located, is allowed. For the purpose of this provision, the term "nonresident employee" includes an employee, business partner, co-owner, or other person affiliated with the bed and breakfast, who does not live at the site, but who visits the site as part of the bed and breakfast.

7.

The operator of the bed and breakfast shall be a full-time resident of the dwelling unit.

8.

All activities and storage areas associated with the bed and breakfast must be conducted in completely enclosed structures.

r.

Communications towers. Communications towers shall be approved as a conditional use pursuant to Section 54-207, c.

s.

Utility substations. Electricity regulating substations, gas pressure control stations, or similar utility substations shall be subject to the following standards:

1.

Any structure shall have a setback of not less than 25 feet from all property lines or the minimum setback of the underlying zoning district, whichever is greater; and

2.

The storage of vehicles and equipment on the premises shall be prohibited.

t.

Hair, nail or skin care services. Hair, nail or skin care services shall be subject to the following standards:

1.

Hair, nail or skin care services shall be limited to a maximum of one chair, otherwise this use shall fall under the special exception (S) provisions of this Section.

2.

Hair, nail and skin care services shall have a maximum floor area of 5,000 square feet, otherwise this use shall fall under the special exception provisions of section 54-1006.

3.

Barber shops, beauty salons, and nail salons are allowed as a home occupation with a maximum of one chair.

u.

Landscaping and horticultural services to building or dwellings. These services shall comply with the following conditions:

1.

Any structure or structures used for landscaping services shall have a maximum floor area of 5,000 square feet; otherwise, this use shall fall under the Special Exception provisions of this Section.

2.

All landscaping service uses shall comply with the TRC Site Plan Review requirements of this Chapter;

3.

The subject property shall be a minimum of five acres in size;

4.

There shall be direct access to a public arterial street;

5.

A minimum 25-foot Type D landscape buffer and a minimum six-foot high opaque wooden fence within the landscape buffer shall be required adjacent to residential uses and zoning districts; and

6.

The number of parking spaces required shall include the number of employees and the number of company vehicles and trailers to be utilized in conjunction with this use.

v.

Manufacturing and production of clay, furniture or cabinets, toy or artwork, wood products, or related products, or other miscellaneous manufacturing. The following conditions shall apply:

1.

All activities related to the specialized manufacturing use shall be confined to the interior of a structure that is entirely enclosed; and

2.

All specialized manufacturing uses shall comply with the TRC Approval requirements of this Chapter.

3.

A structure or structures used for specialized manufacturing shall have a maximum floor area of 2,000; however, an expansion to a maximum floor area of 5,000 square feet may be approved by the Board of Zoning Appeals under the Special Exception provisions of section 54-1006;

4.

Specialized manufacturing shall have no more than ten employees; and

5.

On-site retail sales are prohibited.

w.

Recycling collection, drop-off. Facilities providing recycling collection drop-off centers shall comply with the TRC Approval procedures contained within this Chapter.

x.

Concrete crushing and recycling. The following conditions shall apply:

1.

The total floor footprint of buildings shall not exceed 15,000 square feet;

2.

All buildings, facilities, equipment, storage areas, vehicular use areas and other areas used for this use shall maintain a minimum 200 foot wide buffer that satisfies the planting requirements of a Type F Buffer adjacent to S.C. Highway 61 and a 15 foot wide buffer that satisfies the planting requirements of a Type B Buffer adjacent to properties zoned Conservation;

3.

Hours and days of all operations associated with this use shall be limited to between 7:00 a.m. and 7:00 p.m., Monday through Saturday; and

4.

There shall be no on-site retail sales.

(Ord. No. 2018-031, § 11, 4-10-18)

Accessory agricultural uses shall include all residential accessory uses and those accessory uses and activities customarily associated with agricultural operations, as determined by the zoning administrator. Barns and farm-related structures, shall be allowed on all parcels in Agricultural zoning districts, even if the subject parcel does not contain a primary structure. Manufactured homes, modular building units, and pre-manufactured container units may be used for non-residential purposes only in all agricultural zoning districts subject to the following requirements.

(Ord. No. 2018-031, § 11, 4-10-18)

In agricultural zoning districts, one accessory dwelling unit may be established on an existing lot if reviewed and approved, subject to the following standards:

1.

The lot must have a minimum area at least 50 percent larger than the minimum area required for a principal residential structure.

2.

Only one accessory unit shall be permitted per lot.

3.

The heated gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet.

4.

Accessory dwelling units placement shall comply with all dimensional standards of the applicable zoning district, including all setback, buffer, lot coverage, height requirements, and waterfront development standards.

5.

Accessory dwelling units placement on parcels that contain or abut an OCRM Critical Line shall meet the waterfront development standards of Section 54-1010.

6.

Separate electrical meters shall not be allowed for attached accessory dwellings.

(Ord. No. 2018-031, § 11, 4-10-18)

The following dimensions have precedence over standards for properties zoned AG-8 or AG-S which contain or abut an OCRM Critical Line:

a.

Minimum lot width (ft). The minimum lot width (ft) is measured and maintained from the front lot line through the entire parcel to the OCRM Critical Line. All lots within a subdivision must meet the minimum lot width average. (Exception: Flag lots and lots served by cul-de-sacs). Lots fronting on cul-de-sacs shall meet the minimum lot width at the required minimum front setback. Flag lots are designed with a "flag pole" area with a minimum width of 20 feet. The flag pole area is not required to meet the minimum lot width nor does this area count towards the minimum lot size or area. Flag lots must meet the minimum lot width at the end of the flag pole area/base of lot. All lots within a subdivision must meet the required minimum lot width average for the zoning district within Section 54-1010, Waterfront development standards.

1.

Reductions from minimum lot width average requirements for parcels which contain or abut an OCRM Critical Line may be permitted if the zoning administrator determines that one of the following criteria has been met:

(a)

No more than three waterfront lots are being created from the original parcel and that a reduction of no more than ten percent of lot width average is required for any resulting lot; or

(b)

Where two lots of record (lots existing prior to April 21, 1999) have been combined, the resulting lot may be subdivided into the original configuration shown on the previously approved, recorded plat of record, even if the original lots do not meet the minimum lot width requirement of this Section, provided that the subdivision meets all other requirements of this Chapter.

b.

Minimum lot standards for accessory dwelling units on parcels which contain or abut an OCRM Critical Line. In order to establish an accessory dwelling unit on a parcel that contains or abuts an OCRM Critical Line the following standards shall apply:

1.

When an accessory dwelling unit is to be located in front of the principal dwelling unit (between the street and the front of principal dwelling unit) the minimum lot area shall be 50% larger than the minimum lot area requirement of the zoning district.

2.

When the accessory dwelling unit is to be located to the side or rear of the principal dwelling unit (between the OCRM critical line and the principal dwelling unit) the minimum lot width shall be 350 feet.

3.

The accessory dwelling unit shall meet the minimum setbacks of the zoning district where it will be located, and:

(a)

The distance between the accessory dwelling unit and the principal dwelling unit shall not be less than 30 feet.

4.

The zoning lot and accessory dwelling unit shall comply with all other requirements of this Chapter, including but not limited to the requirements of Section 54-1009, Accessory dwelling units.

c.

Minimum lot standards for dwelling groups on parcels which contain or abut an OCRM Critical Line. The number of dwelling units shall not exceed the maximum number permitted by the density, intensity and dimensional standards of the underlying base zoning district. In addition, the dwelling groups, as defined in Section 54-1006, c., shall comply with the requirements of Section 54-1010, Waterfront development standards, of this Chapter, including the minimum lot area and lot width requirements.

(Ord. No. 2018-031, § 11, 4-10-18)

The intent of this Article is to provide regulations that guide the use of properties zoned AG-8 or AG-S for the purpose of hosting special events of varying sizes and functions, while protecting the surrounding community. The regulations of this Article shall apply in conjunction with any other standards contained within this Chapter and only to properties within the AG-8 or AG-S zoning districts.

(Ord. No. 2018-031, § 11, 4-10-18)

For the purposes of this Article, an activity (occurring one or more times) involving the assembly or the intention of attracting 100 or more people for cultural, ceremonial, educational, or celebratory purposes, which generates revenue, regardless of status. Such assembly includes, but is not limited to: weddings, receptions, recitals, art exhibits, religious ceremonies, limited youth activities, book readings, wine/food tasting events, executive retreats, circuses, fairs, carnivals, festivals, auctions, concerts, and any event which is advertised or marketed in any form including, but not limited to: posters, business cards, internet, and media outlets; serves an entrepreneurial purpose; includes fees/charges for goods/services (e.g. food & drink); and whenever there is an admission fee or leasing fee. This definition does not include private parties or private functions that do not meet the above stated criteria.

(Ord. No. 2018-031, § 11, 4-10-18)

The following are exempt from the requirements of this Article: private parties and gatherings that do not meet the definition of "special event," as defined in this Chapter, auctions of private real estate, and estate auctions.

(Ord. No. 2018-031, § 11, 4-10-18)

Temporary public assembly use and special events, such as cultural events, outdoor concerts and parking for special events, shall require a temporary special events permit from the planning director. Such permit shall be issued for each event, each event shall not exceed one day, and no more than five such permits may be issued per lot, per calendar year. The requirements of this section shall apply in addition to the requirements of Section 54-1024. In addition to the requirements of this section, any temporary special event utilizing 25 acres of land area or more shall require special exception approval in accordance with the procedures contained in Section 54-1006.

a.

Temporary special events permits may be issued only if adequate parking and sanitary facilities are provided to serve the proposed use or activity and the site can safely support the proposed activity. The following information is required to be submitted with applications for temporary special events permits (in addition to the required fee):

1.

A detailed Letter of Intent describing the purpose of the event indicating date(s) and time(s), anticipated number of participants, and whether alcohol will be served and if amplified sound (music or other amplified noise) will be utilized;

2.

A legible site plan drawn to scale indicating vehicular traffic areas (parking, driveways, circulation etc.), gathering areas, restroom and vendor locations, and locations of existing and planned structures to be used as part of the event;

3.

Letters of coordination from Fire, Police, and Emergency Medical Services and Building Inspections Division if applicable;

4.

Documentation of City of Charleston business license issuance for the host and participating vendors and copy of valid Department of Revenue license if alcohol will be sold;

5.

Documentation from pertinent service providers for restroom facilities and garbage collection; and

6.

Other pertinent information as deemed necessary by the planning director.

b.

The following requirements shall, in addition to all other applicable requirements of this Chapter, apply to property located in the agricultural zoning districts:

1.

Each temporary special events permit shall only be valid for a single special event. Multiple special events shall require separate temporary special events permits;

2.

Daily event attendance in the AG-8 and AG-S Zoning Districts shall be limited to 500 people on properties containing less than 50 acres of high ground, 1,000 people on properties containing between 50 and 100 acres of high ground, and 2,000 people on properties containing more than 100 acres of high ground; and

3.

The maximum number of temporary special events permits allowed per calendar year and/or maximum daily attendance may only be increased above the five permits allowed per year and above the attendance limits in the previous subsection, but not to exceed the limits in subsection b. (3) and (4) below, if the requirements listed below, as well as all other applicable requirements of this Chapter, are met and the request is approved in accordance with the special exception procedures contained in this section and Section 54-1006. If approved by the Board of Zoning Appeals-Zoning, the approval is only valid for one calendar year from the date of zoning permit issuance.

(a)

Application.

(1)

Review and approval of a site plan of the property and all facilities, driveways, parking areas and improvements thereon to be used in conjunction with temporary special events and compliance with Section 54-1006, Special exception uses, of this Chapter is required.

(2)

All applications must be signed by the property owner or designated agent.

(3)

Letters of coordination from the following agencies shall be submitted during site plan review: S.C. Department of Health and Environmental Control (SCDHEC), City of Charleston Police Department, Charleston County Emergency Medical Services (EMS), the City of Charleston Fire Department, and a designated solid waste collection/disposal company or a letter indicating a private method of waste collection/disposal.

(b)

Requirements.

(1)

The subject property or properties shall contain a minimum of ten combined acres of high ground area and must border a public arterial street, as defined in this Chapter;

(2)

There shall be direct access to a public arterial street, as defined in this chapter;

(3)

No more than 25 events shall be allowed per calendar year;

(4)

Daily attendance shall be limited to 500 people on properties containing less than 50 acres of high ground, 1,000 people on properties containing between 50 and 100 acres of high ground and 2,000 people on properties containing more than 100 acres of high ground;

(5)

All structures shall comply with the requirements of this Chapter, including but not limited to, the density, intensity, and dimensional standards and accessory structure requirements;

(6)

All parking shall be contained on the subject property or on a contiguous property. A recorded, parking agreement shall be required if temporary off-street parking is provided on a parcel other than the subject property. At no time shall associated event parking be allowed in a public or private right-of-way or access easement;

(7)

The maximum occupancy of an individual permanent structure shall comply with the occupancy standards of the City of Charleston Building Code;

(8)

All events shall adhere to the City of Charleston Noise Regulations and all other applicable City of Charleston ordinances;

(9)

All existing or proposed structures shall retain a residential or agricultural character;

(10)

A 100-foot buffer meeting the minimum planting requirements of this section shall be required around the perimeter of the property. Buffers shall be located along the perimeter of a lot or parcel and shall extend to the boundary of the lot parcel. They shall not be located on any portion of public right-of-way. Where drainage or other utility easements exist along property lines, required landscape buffers shall be located adjacent to the easement and may be reduced in width by the width of the easement, but in no case shall the buffer width be less than ten feet. All trees with a diameter breast height (DBH) of eight inches or greater within buffers shall be preserved. Required buffers shall be noted on all plats, plans and permit requests submitted for review and approval under this Chapter. The Planning Director shall be authorized to require the installation of fences, walls or berms within required buffers where deemed necessary to ensure land use compatibility or otherwise protect the visual quality of an area. The required minimum plantings per 100 linear feet of buffer shall be as follows:

i.

Nine recommended trees;

ii.

Eleven understory trees with at least 50% being evergreen

iii.

Fifty shrubs.

(11)

Use of required buffer areas. The Planning Director shall be authorized to allow on-premises signs, fences, walls, berms, mailboxes, access to community boat ramps, permitted driveways, and sidewalks within required buffers. Other improvements may be allowed within buffers if the Planning Director determines that such improvements will not detract from the intended purpose and function of the buffer or have any adverse effect on adjacent property.

(12)

Special events shall not begin before 10:00 a.m. and shall end by 10:00 p.m.; and

(13)

The applicant must hold at least one community workshop prior to the submittal of the special exception application and written documentation of the community workshop(s) must be submitted. Written documentation may include, but is not limited to, sign-in sheets, meeting summaries, memos and/or letters from the applicant describing the meeting(s), etc. The purpose of the workshop(s) is to ensure early citizen participation in an informal forum, in conjunction with the development applications and to provide an applicant the opportunity to understand and try to mitigate any impacts an application may have on an affected community. A community workshop is not intended to produce complete consensus on all applications, but to encourage applicants to be good neighbors.

c.

Special Exception Approval Criteria. The approval criteria contained in this section shall apply instead of the approval criteria contained in Section 54-1006 of this Article. Applications may be approved only if the Board of Zoning Appeals-Zoning finds that the proposed use:

(1)

Is consistent with the character of the underlying zoning district "Purpose and Intent";

(2)

Is compatible with existing uses in the vicinity and will not adversely affect the general welfare or character of the immediate community;

(3)

Does not hinder or endanger vehicular traffic and pedestrian movement on adjacent roads;

(4)

Includes adequate provisions for items such as: setbacks and buffering (including fences and/or landscaping) to protect adjacent properties from the possible adverse influence of the proposed use, such as noise, vibration, dust glare, odor, traffic congestion and similar factors;

(5)

Where applicable, will be developed in a way that will preserve and incorporate any important natural features;

(6)

The setup and disassembly of special events will not be detrimental to the surrounding community;

(7)

Includes sufficient safeguards for the use of temporary structures, if applicable; and

(8)

Complies with all applicable rules, regulations, laws and standards of this Chapter, including but not limited to any use conditions, zoning district standards, or site plan review requirements of this Chapter.

If approved by the Board of Zoning Appeals-Zoning, the approval is only valid for one calendar year from the date of zoning permit issuance. In granting a special exception, the Board of Zoning Appeals-Zoning may attach to it such conditions regarding the location, character, or other features of the proposed building or structure as the Board may consider advisable to protect established property values in the surrounding area or to promote the public health, safety, or general welfare. Additionally, the Board of Zoning Appeals-Zoning may require additional conditions of approval including, but not limited to: event days and hours, the number of events per calendar year, limitations on outdoor activities, parking, buffers, and use and location of temporary structures.

If the proposed use is approved by the BZA-Z, the Department of Planning and Preservation shall provide written notification to the following agencies, as applicable: S.C. Department of Health and Environmental Control (SCDHEC), Charleston Police Department, Charleston Fire Department, and the Charleston County Emergency Medical Services (EMS).

(Ord. No. 2018-031, § 11, 4-10-18; Ord. No. 2025-086, § 1, 6-17-25)

a.

With the exception of special events at federal, state, and county parks and legally established fairgrounds, any accessory, outdoor special event consistent with the definition of "special event," as defined in this Article, must comply with Section 54-1023 and a zoning permit shall be required.

b.

Any outdoor special event activity as defined by this Article, whether an accessory to an existing business, or on vacant undeveloped property, which is located within 500 feet of the property line of a residentially developed parcel, shall cease all music and all loud noise that is above seventy (70) db(A) no later than 11:00 p.m.; otherwise, this use shall require special exception approval consistent with this Article. Distances shall be measured from the site of the special event activity on the subject property to the nearest property line of a lot containing a residential use. Noise levels shall be measured anywhere within the boundary line of the nearest residentially occupied property.

c.

All outdoor special event activities will be subject to the City's livability and/or noise ordinance.

(Ord. No. 2018-031, § 11, 4-10-18)

A zoning permit shall not be required when hosting an indoor special event in legally established public facilities or civic facilities such as: social lodge; assembly halls; religious facilities; fairgrounds; federal, state, and county parks, and similar facilities legally established and authorized to hold special events.

(Ord. No. 2018-031, § 11, 4-10-18)

A zoning permit shall be required prior to commencing special events and shall be maintained for the duration of the special events use, following site plan review and special exception approval, as applicable. Additionally, a valid, City of Charleston Business License is required following zoning permit approval.

(Ord. No. 2018-031, § 11, 4-10-18)

A valid City of Charleston Business License must be maintained for a principal special events use. If this business license is not renewed annually or is discontinued, for any reason, for a period of at least six consecutive months, then the use shall be considered abandoned. Once abandoned, the special exception approval and the zoning permit for the special events use shall be deemed null and void. Renewal of the special events use shall require the approval of the Board of Zoning Appeals-Zoning (BZA-Z) and compliance with the regulations of this Chapter.

(Ord. No. 2018-031, § 11, 4-10-18)

Conservation subdivisions encourage residential development in the agricultural areas to maintain rural character and conserve land, promoting compact development form, and preserving natural features. The guidelines for site development emphasize setting aside and conserving the most sensitive areas of a site, with the development of building lots on the remaining less sensitive areas.

(Ord. No. 2018-031, § 11, 4-10-18)

For the purpose of this Article, the following definitions shall apply:

Conservation Area. Land dedicated to the public or designated by the development plan for the use, benefit, and enjoyment of all residents of the development.

Dock, Community. Any docking facility that provides access for more than four families (greater than or equal to five watercraft slips and less than or equal to ten watercraft slips) and is not a marina. All community docks shall be permitted pursuant to section 54-1006, k.

Dock, Joint Use. Any private dock intended for the use of two to four families. Joint use docks that are permitted by OCRM shall be exempt from the requirements of this Article.

Lot Width.

1.

Width of an Interior lot: the length of the front lot line or its chord.

2.

Width of a Corner or Double-Frontage Lot:

(a)

if there are two front lot lines, the shorter of such lines or its chord;

(b)

if there are more than two front lot lines, the average length of the two shortest of such lines or their chords.

3.

Width of lots served by a cul-de-sac: width shall be measured at the building line.

Open Space. Land and water areas retained for use as active or passive recreation areas or for resource protection in an essentially undeveloped state.

(Ord. No. 2018-031, § 11, 4-10-18)

Conservation subdivisions shall be allowed within the AG-8 and AG-S Zoning Districts. In case of conflict between the regulations of this Article and other regulations in this Chapter, the regulations of this Article shall control. Where no special Conservation Subdivision regulation is stated in this Article, the regulations of the applicable underlying Zoning District and all other applicable provisions of this Chapter shall apply.

(Ord. No. 2018-031, § 11, 4-10-18)

The subdivision procedures and regulations outlined in Article 8 of this Chapter shall apply to conservation subdivisions. A pre-application Sketch Plan review meeting with City staff shall be required prior to Concept Plan submittal.

(Ord. No. 2018-031, § 11, 4-10-18)

The conservation subdivision process shall include:

1.

Resource analysis/mapping. The applicant shall identify and map significant natural and cultural resources within the development boundaries. The resource analysis shall identify two categories of resources: Primary conservation areas and secondary conservation areas. Primary conservation areas include bodies of water, wetlands, floodplains, wildlife habitat, significant vegetation (particularly grand trees and protected trees), historic buildings, and any historical or archaeological sites. Secondary conservation areas include, but are not limited to, areas of active agricultural use(s), scenic vistas, and lands with recreational opportunities. The resource analysis may also show any resources and protected open space on neighboring parcels, through aerial photography and other readily accessible documentation, which may enhance the proposed conservation subdivision. All conservation subdivision applications shall include a resource analysis map and calculations for the conservation area.

2.

Sketch plan review. The applicant shall schedule a pre-application sketch plan review meeting with planning department staff. At that time, the applicant shall submit a detailed sketch plan delineating conservation areas and cluster lot development areas based on the resource analysis map. Significant cultural and natural resources identified on the resource analysis map shall be included in conservation areas. The sketch plan review is intended to ensure that the property improvements are in compliance with conservation subdivision requirements of this Chapter.

3.

Concept plan review and approval. Based on the resource analysis map and sketch plan review, the applicant shall submit a concept plan for review and approval, in compliance with the requirements of this Article and with Article 8 of this Chapter. The preliminary plat shall identify the conservation areas and cluster lot development areas.

4.

Preliminary plat and final plat review and approval. The applicant shall submit a conservation subdivision plat for preliminary plat review and approval and final plat review and approval, in compliance with the requirements of this Article and with Article 8 of this Chapter. The final plat shall identify the conservation areas and cluster lot development areas.

(Ord. No. 2018-031, § 11, 4-10-18)

Conservation subdivisions shall be subject to the following density/intensity and dimensional standards:

One of the following standards must be utilized to determine the lot configuration and number of lots to be located along an OCRM Critical Line.

1.

When a 50-foot to 74.9-foot building setback from the OCRM Critical Line is utilized on private lots in a conservation subdivision:

(a)

The total number of waterfront lots created shall not exceed the total number of waterfront lots that could be developed based on a 135-foot lot width average.

(b)

A 35-foot buffer from the OCRM Critical Line must be maintained, as required by section 54-1038, 3.

(c)

A private dock or joint use dock may be utilized.

2.

When a minimum 75-foot setback from the OCRM Critical Line is utilized on private lots in a conservation subdivision:

(a)

The total number of waterfront lots created shall not exceed the total number of waterfront lots that could be developed based on a 100-foot lot width average.

(b)

A 35-foot buffer from the OCRM Critical Line must be maintained, as required by section 54-1038, 3.

(c)

If a dock is desired, a joint use dock shall be utilized.

3.

When a 100-foot setback from the OCRM Critical Line is utilized as protected open space through a conservation area in a conservation subdivision:

(a)

The total number of lots created shall only have to meet the dimensional standards listed in section 54-1035, above, and shall not be calculated based on any lot width average.

(b)

A 35-foot buffer from the OCRM Critical Line must be maintained, as required by section 54-1038, 3.

(c)

If a dock is desired, a community dock must be utilized; however, the community dock shall be exempt from the special exception requirement.

(Ord. No. 2018-031, § 11, 4-10-18)

Conservation areas shall be located to preserve significant resources and shall comply with the following requirements:

1.

Conservation areas shall be detailed on each sketch plan and recorded with the final plat, or separate instrument.

2.

Conservation areas may include unimproved land, agricultural lands, natural landscapes, landscaped areas, improved recreation areas, recreational buildings, and structures that are totally accessory to agricultural or recreational uses, as well as freshwater wetland areas and surface water. Conservation areas shall not be occupied by streets, drives, parking areas, or structures, other than agricultural or recreational structures.

3.

Conservation areas shall be provided within each phase of the conservation subdivision in sufficient amounts to serve the expected population of that phase.

4.

The applicant must have proof of commitment from the entity that will be responsible for the conservation area prior to the recording of a plat. Conservation areas shall be conveyed prior to recording the final plat, in accordance with one of the methods listed below:

(a)

By dedication to the City as publicly-owned open space. Parks, conservation areas, and recreation facilities proposed for dedication to the City must be acceptable to City Council, and other governmental entities with regard to the size, shape, location, improvement, environmental condition (i.e., the applicant may be required to provide an environmental assessment), and budgetary and maintenance terms; or

(b)

By leasing, conveying, or retaining title to a corporation, homeowner's association or other legal entity. The terms of such lease or other instrument of conveyance must restrict the use of the conservations area(s) to open space and/or agricultural or recreational uses.

(Ord. No. 2018-031, § 11, 4-10-18)

Generally, a conservation subdivision has three primary characteristics: smaller building lots; more open space; and protection of cultural and natural features and agricultural lands.

1.

Vehicular Access. The requirements of Article 10, Part 4 shall apply. Lots shall be configured to minimize the amount of roadway and driveway length. Shared driveways shall be utilized in order to minimize impervious surfaces through the reduction of pavement area. The use of pervious materials for driveway construction is required.

2.

Pedestrian Access. Pedestrian access shall be provided from all residential lots to the conservation area(s) through a continuous system of pervious walkways and/or trails. Access corridors in an easement a minimum of ten feet in width shall be utilized to separate clusters of contiguous lots and to connect the conservation area(s) to the right-of-way and trail system.

3.

Buffers. The conservation subdivision development shall be designed to preserve existing non-invasive vegetation. A 35-foot minimum natural undeveloped buffer shall be preserved along the external perimeter and/or property line of the conservation subdivision development, as well as along all OCRM Critical Lines, in order to protect natural features and retain the rural community character. The buffer may be included within the conservation area(s) or within individual parcels.

(Ord. No. 2018-031, § 11, 4-10-18)

One maximum 600 square foot detached accessory dwelling unit is allowed on lots that do not abut an OCRM Critical Line. Accessory dwelling units shall not be permitted on private waterfront lots.

(Ord. No. 2018-031, § 11, 4-10-18)

For the purpose of these regulations, abbreviations relating to streets and drainage are defined as follows:

a.

AASHTO - American Association of State Highway and Transportation Officials

b.

ADA - Americans with Disabilities Act

c.

ADAAG - Americans with Disabilities Act Accessibility Guidelines

d.

ASTM - American Society for Testing Materials

e.

HOA - Homeowners' Association

f.

MLW - Mean Low Water

g.

MSL - Mean Sea Level (Elevation 0.0 as determined by the NGVD 29 datum)

h.

MUTCD - Manual on Uniform Traffic Control Devices

i.

NGVD 29 - National Geodetic Vertical Datum of 1929

j.

SCDHEC/OCRM - South Carolina Department of Health and Environmental Control/Office of Ocean and Coastal Resource Management

k.

SCDOT - South Carolina Department of Transportation

l.

SCDOT (SS) - South Carolina Department of Transportation Standard Specifications for Highway Construction, latest edition

m.

TRC - City of Charleston Technical Review Committee

n.

USACOE - United States Army Corps of Engineer

(Ord. No. 2018-031, § 11, 4-10-18)

For the purpose of these regulations, terms relating to streets and drainage are defined as follows:

a.

Base Course - The layer or layers of specified or selected material of designated thickness or rate of application placed on a sub base or subgrade to comprise a component of the pavement structure to support the pavement or subsequent layer of construction.

b.

Bridge - A structure, including supports, erected over a depression or an obstruction; e.g., water, highway, or railway, and having a track or passageway for carrying traffic or other moving loads.

c.

Causeway - An earthen structure with at least one side adjacent to a depression, wetland, or marsh that supports a track or passageway for carrying traffic or other moving loads.

d.

Cul-de-sac - The radial turnaround area at the end of a dead-end street.

e.

Culvert - Any structure which provides an opening under any roadway or any other structure so named in the plans, excluding bridges.

f.

Design Professional - An individual or firm appropriately licensed and registered in the State of South Carolina.

g.

Detention - The temporary restriction of storm water that is released at a predetermined or controlled rate.

h.

Developer - The legal or beneficial owner of a lot or of any land proposed for development; the holder of an option or contract to purchase; or any other person having an enforceable contractual interest in such land.

i.

Drainage easement - The right of access of storm water runoff from adjacent drainage basins into the drainage way within the defined easement.

j.

Earth Roads - Those roads constructed of compacted earth material.

k.

Easement - A privilege or right of use, access or enjoyment granted on, above, under, or across a particular tract of land by the landowner to another person or entity.

l.

Homeowners' (or Property Owners') Association - A formally constituted, non-profit association or corporation made up of the property owners and/or residents of a defined area. The homeowners' or property owners' association may take responsibility for costs and up-keep of common open space or facilities, or enforce certain covenants and restrictions.

m.

Main Utility Lines - Those facilities, including piping, conduits, outlets, and other appurtenances necessary for the proper functioning of essential services to a development including water, electricity, gas, sanitary sewer, storm sewer, cable, communications, etc.

n.

Mean Sea Level - Elevation 0.0 as determined by the NGVD 29 datum.

o.

Plat - A diagram drawn to an engineering scale showing all essential data pertaining to the boundaries and subdivision of a tract of land as determined by a professional land surveyor.

p.

Director of the Department of Public Service - The Director of the Department of Public Service for the City of Charleston or his/her authorized representative.

q.

Responsible Entity - The unit of local government responsible under South Carolina law for the maintenance of the roadway and/or drainage system; or, in the case of private roadways and/or drainage systems, the owner of the property upon which the roadway and/or drainage system is located; or if existing, a homeowners' association previously created to maintain the roadway and/or drainage system.

r.

Right-of-Way - Land that has been or is being dedicated for the construction and maintenance of a road or street. Right-of-way may also be used to identify an area dedicated for use as part of a drainage system or utility corridor.

s.

Roadway - The entire area between the outside limits of construction, including structures, slopes, ramps, intersections, utilities, side ditches, channels, waterways, etc., necessary for proper drainage. This term shall, in general, be considered synonymous with street or road.

t.

Rock Roads - Those roads in which the riding surface is constructed of a layer or layers of material usually comprised of compacted rock or other aggregate materials

u.

Street. - A vehicular way, which may also serve in part as a way for pedestrian traffic, whether called a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, alley, mall, or other designation, including the entire area within the right-of-way.

v.

Stub Street - A street that intersects another local street and extends, usually one lot deep, to the property line of the development or rear of the block being developed.

w.

Subgrade - The top surface of a roadbed upon which the roadway structure and shoulders are constructed.

(Ord. No. 2018-031, § 11, 4-10-18)

Within the agricultural zoning districts, landowner/developers have the option of constructing rural roads to serve subdivided lots, as described herein, that do not satisfy the pavement, curb, sidewalk and width requirements of Article 8. These standards provide specific information and design parameters regarding the construction of rural roads within the AG-8 and AG-S zoning districts. This document defines risks and responsibilities that are accepted by the responsible entity pertaining to the maintenance of the roads.

(Ord. No. 2018-031, § 11, 4-10-18)

The primary objective is to ensure that property being subdivided is provided with access.

(Ord. No. 2018-031, § 11, 4-10-18)

It is the responsibility of the landowner/developer to provide access to the property being subdivided. Access to those properties shall be maintained and either privately or publicly owned. The ownership and maintenance status of the access shall be indicated on all submitted plats.

(Ord. No. 2018-031, § 11, 4-10-18)

The landowner/developer is responsible for selecting the type of access to be provided for their subdivision. If rural road standards or ingress/egress easements, as described herein, are to be used, the classification of access will determine the party responsible for maintenance and the city's associated responsibilities, if any.

(Ord. No. 2018-031, § 11, 4-10-18)

a.

Private roads. Any road dedicated to an individual or entity other than City of Charleston with an ingress/egress easement (maximum of 10 lots) or a right-of-way dedicated to a homeowners' association. The easement holder retains ownership and maintenance responsibility for access and drainage.

b.

Public roads (minimum standards):

1.

Non-standard city roads (maximum of 10 Lots).

a.

Surface: earth.

3.

Minimal drainage.

4.

Travel way minimum width determined on a per road basis.

5.

Lot drainage is each owner's responsibility.

2.

Primary rural road.

a.

Surface: earth, rock, or pavement.

b.

Minimal drainage with outfall (only for the roadway).

c.

Travel way minimum width of 20 feet.

d.

Lot drainage is each owner's responsibility.

3.

Secondary county road.

a.

Surface: rock or pavement.

b.

Drainage plan required for property and roadway system.

c.

Open ditch drainage system.

d.

Travel way minimum width of 22 feet.

(Ord. No. 2018-031, § 11, 4-10-18)

a.

Private road. The landowner/developer shall have the option to utilize any of the private road classifications for property subdivision regardless of region (see below).

b.

Public road.

1.

Roads that are to be constructed, dedicated, and accepted into the City maintenance system shall be constructed in accordance with one of the public road classification standards.

2.

Primary rural roads will be allowed in the AG-8 and AG-S zoning districts when the following conditions are met to the satisfaction of the Director of the Department of Public Service:

(a)

The proposed road is a cul-de-sac or future expansion is limited. The lots being created are a minimum of five acres in size or the design professional demonstrates adequate lot and roadway drainage can be provided.

(b)

Public roads shall connect with an existing public roadway that has been accepted by a public agency (county, municipality, or state). Public roads shall not rely upon a right-of-way that has only been dedicated but not accepted into a public maintenance system.

(c)

If a land development plan exceeds the non-standard city road ten lots maximum, construction shall be required to improve the non-standard road to the required City standards from its point of connection to an existing County standard, City or State public road.

(Ord. No. 2018-031, § 11, 4-10-18)

1.

General Information.

a.

Introduction. The private road standards provide the landowner/developer flexibility to determine the level of access and service provided to lots being created. The private road standards require the landowner/developer to be responsible for the extent and quality of property access and drainage. The landowner/developer is responsible for the establishment of standards for design, construction, and maintenance of the roadway and drainage systems and for items such as access for emergency service vehicles, school buses, mail couriers, and coordination of utilities. Note that public services are not guaranteed by the City of Charleston.

The private right-of-way shall be dedicated to a legally recognized or chartered entity. Private right-of-way shall not be dedicated to the public. Further, the City of Charleston is neither obligated nor responsible for private right-of-way maintenance.

b.

Landowner/Developer Responsibilities. The landowner/developer is responsible for determining the type of access to be provided for his subdivided property. The landowner/developer shall be responsible for oversight and coordination of design and construction and for obtaining required approvals or permits from the appropriate agencies.

The landowner/developer is responsible for informing prospective property owners, whether solicited or unsolicited, of all conditions and responsibilities, or lack thereof, that have been placed on the property.

If access or drainage connects with a City right-of-way or easement, an encroachment permit shall be obtained prior to construction.

2.

Ingress/Egress Easement (Maximum of Ten Lots).

Additional Landowner/Developer Responsibilities: The location of proposed ingress/egress easement(s) shall be clearly depicted and labeled on submitted plats or plans. All ingress/egress easements must comply with the applicable requirements of this Chapter including, but not limited to, the requirements contained in sub-sections a and b below. The landowner/developer shall secure the necessary licensed, professional personnel to prepare designs, obtain required approvals and permits, and oversee construction.

(a)

Prior to issuance of zoning permits for land development activities other than construction of ingress/egress easements and private rights-of-way, installation of required street signs, additions/renovations to existing structures that are legally permitted, and new construction of accessory structures, all ingress/egress easements shall be:

i.

Constructed in the location shown on the approved, recorded plat;

ii.

Constructed to comply with City's fire codes, from their point of connection to an existing publicly owned and maintained right-of-way to lot(s) proposed for development; and

iii.

Inspected pursuant to Section 54-1058, 6.

(b)

The Director of the planning department may allow use of a portion of an ingress/egress easement that was constructed prior to July 18, 2017 that cannot comply with the width clearance requirements of the International Fire Code when: (1) the Director determines that moving the ingress/egress easement to a different location is not possible due to site constraints, property size, Grand Trees, wetlands, etc.; (2) the applicant submits letters from the providers of emergency services for the subject properties stating they can access all properties utilizing the ingress/egress easement; and (3) all future portions of the ingress/egress easement comply with the International Fire Code.

3.

Private Right-of-way Dedicated to A HOA with No Road Construction Required (maximum of ten Lots).

Additional Landowner/Developer Responsibilities: All rights-of-way shall be clearly depicted on submitted plats or plans. The landowner/developer is responsible for determining the construction suitability and the accessibility of the defined right-of-way, provided, however, that all private rights-of-way must comply with the applicable requirements of this Chapter, including, but not limited to, the requirements contained in sub-sections a and b below. The landowner/developer shall secure the necessary licensed, professional personnel to prepare designs, obtain required approvals and permits, and oversee construction.

a.

Prior to issuance of zoning permits for land development activities other than construction of ingress/egress easements and private rights-of-way, installation of required street signs, additions/renovations to existing structures that are legally permitted, and new construction of accessory structures, all ingress/egress easements shall be:

i.

Constructed in the location shown on the approved, recorded plat;

ii.

Constructed to comply with the City's fire codes from their point of connection to an existing publicly owned and maintained right-of-way to lot(s) proposed for development; and

iii.

Inspected pursuant to Section 54-1058, 6.

b.

The Directors of the Zoning and Planning Department may allow use of a portion of an ingress/egress easement that was constructed prior to July 18, 2017 that cannot comply with the width clearance requirements of the International Fire Code when: (1) the Director determines that moving the ingress/egress easement to a different location is not possible due to site constraints, property size, Grand Trees, wetlands, etc.; (2) the applicant submits letters from the providers of emergency services for the subject properties stating they can access all properties utilizing the ingress/egress easement; and (3) all future portions of the ingress/egress easement comply with the International Fire Code.

4.

Private Right-of-way Constructed and Dedicated to a HOA.

Additional Landowner/Developer Responsibilities: The landowner/developer shall determine the location and size of rights-of-way to be provided and the standards for the design and construction of the roadway and drainage systems, provided that all private rights-of-way comply with the applicable requirements of this Chapter including, but not limited to, the requirements contained in sub-sections a and be below. The landowner/developer shall secure the necessary licensed, professional personnel to prepare designs, obtain required approvals and permits, and oversee construction.

a.

Prior to issuance of zoning permits for land development activities other than construction of ingress/egress easements and private rights-of-way, installation of required street signs, additions/renovations to existing structures that are legally permitted, and new construction of accessory structures, all private rights-of-way shall be:

i.

Constructed in the location shown on the approved, recorded plat;

ii.

Constructed to comply with the City's fire codes, from their point of connection to an existing publicly owned and maintained right-of-way to lot(s) proposed for development; and

iii.

Inspected pursuant to Section 54-1058, 6.

b.

The Directors of the Zoning and Planning Department may allow use of a portion of a private right-of-way that was constructed prior to July 18, 2017 that cannot comply with the width clearance requirements of the International Fire Code when: (1) the Director determines that moving the private right-of-way to a different location is not possible due to site constraints, property size, Grand Trees, wetlands, etc.; (2) the applicant submits letters from the providers of emergency services for the subject properties stating they can access all properties utilizing the private right-of-way and (3) all future portions of the private right-of-way comply with the International Fire Code.

5.

Construction Plan Submission. Roadway and/or drainage construction plans, and subsequent plan revisions, shall be submitted to the Technical Review Committee prior to submittal of applications for land development activities other than additions/renovations to existing structures that are legally permitted and new construction of accessory structures. Such plans shall be submitted to the Technical Review Committee prior to applications for construction of ingress/egress easements or private rights-of-way and installation of required street signs. The submission shall meet the TRC submittal requirements for subdivisions.

Once TRC approves the roadway and/or drainage construction plans, the landowner/developer may submit application(s) for construction of the ingress/egress easement, private right-of-way, and/or drainage and installation of required street signs. No other permits (other than permits for additions/renovations to existing structures that are legally permitted and new construction of accessory structures) shall be issued for the property until the ingress/egress easement, private right-of-way, and/or drainage, as well as the installation of required street signs, have been inspected and approved by the Public Service Department pursuant to Section 54-1058, 6.

6.

City Inspection. All roadway and drainage work shall be inspected by the Director of the Department of Public Service for compliance with the submitted plans and specifications prior to the issuance of permits for land development activities other than: construction of ingress/egress easements or private rights-of-way; installation of required street signs; additions/renovations to existing structures that are legally permitted; and new construction of accessory structures. The inspections will be performed to: provide construction documentation; review ingress/egress easements and private rights-of-way construction according to the City's fire codes; ensure that ingress/egress easements, private rights-of-way, and drainage, have been constructed in compliance with this Chapter; and, if applicable, to ensure street signs have been installed in the correct locations and are in compliance with applicable City ordinances.

After the required City inspection and approval, the landowner/developer may submit permit application(s) for subsequent land development activities.

The landowner/developer shall give a one-week notice prior to beginning work at the site. After the initial notice, a 24-hour notice shall be given prior to beginning each operation (or continuing an operation when the work has been disrupted for more than one work-day).

7.

Certification From The Design Professional. The design professional shall provide a written statement certifying that to the best of his knowledge, the road and drainage infrastructure has been constructed in accordance with the submitted plans.

(Ord. No. 2018-031, § 11, 4-10-18)

All public roads shall be constructed to City standards pursuant to the requirements of Article 8 and other applicable City codes, except that Non-standard city roads with an earth surface and width as described above, Primary rural roads with an earth, rock or pavement surface and width as described above, and secondary city roads with a rock or pavement surface and width as described above shall be permitted in the agricultural districts if the requirements of this Article are satisfied.

1.

Maintenance Guarantees. Street and storm water management/drainage systems that are to be dedicated to the City of Charleston for public maintenance shall meet all dedication requirements of the City.

2.

Secondary Rural Road Standards (Maximum of Ten Lots).

a.

General design requirements:

(1)

Required right-of-way: The minimum right-of-way width is 50 feet.

(2)

Required minimum street section: Streets shall be constructed to minimum earth street standards and have a minimum travel way width of 18 feet.

(3)

Required minimum street elevations: The minimum street centerline elevation at finish grade shall be 6.5 feet above mean sea level.

(4)

Required minimum profile gradient: The minimum street profile centerline gradient shall be 0.4% except for causeways where land areas adjacent to the road embankment are jurisdictional wetlands or critical area.

(5)

Street centerline minimum curve radius criteria:

(a)

Street centerline curve radii shall meet AASHTO guidelines for the design speed limit.

(b)

Where streets are designed for less than 30 mph speed limit, the design professional shall provide supporting design data, including traffic control signage.

(c)

All roads shall be designed with a minimum road centerline radius of 125 feet.

(d)

Horizontal sight distances shall be considered in the design process.

(e)

Vertical curves shall have a minimum length of 100 feet.

b.

Roadway Drainage Design. See the City of Charleston Stormwater Design Standards Manual.

c.

Construction Plans and Specifications. The construction plans shall satisfy the requirements of the Code of the City of Charleston and the City of Charleston Stormwater Design Standards Manual and shall be reviewed and approved through the TRC.

3.

Primary Rural Road Standards.

a.

General Design Requirements:

(1)

Required right-of-way: The minimum right-of-way width is 50 feet.

(2)

Required minimum street section: Streets shall have a minimum travel way width of 20 feet. The travel surface shall be at least equal to the type of surface with which it is being connected (pavement, rock, or earth). If development characteristics warrant, the Director of the Department of Public Service can approve a reduction in the surface type. Written requests for a reduction in surface type shall be directed to the Director of the Department of Public Service with an accompanying justification statement.

(3)

Required minimum street elevations: The minimum street centerline elevation at finish grade shall be 6.5 feet above mean sea level.

(4)

Required minimum profile gradient: The minimum street profile centerline gradient shall be 0.4% except for causeways where land areas adjacent to the road embankment are jurisdictional wetlands or critical areas.

(5)

Street centerline minimum curve radius criteria:

(a)

Street centerline curve radii shall meet AASHTO guidelines for the design speed limit.

(b)

Where streets are designed for less than a) 30 mph speed limit, the design professional shall provide supporting design data, including traffic control signage.

(c)

All roads shall be designed with a minimum road centerline radius of 125 feet.

(d)

Horizontal sight distances shall be considered in the design process.

(e)

Vertical curves shall have a minimum length of 100 feet.

b.

Roadway Drainage Design. See the City of Charleston Stormwater Design Standards Manual.

c.

Construction Plans and Specifications. The construction plans shall satisfy the requirements of the Code of the City of Charleston and the City of Charleston Stormwater Design Standards Manual and shall be reviewed and approved through the TRC.

4.

Secondary County Road Standards

a.

General Design Requirements:

(1)

Required right-of-way:

(a)

The minimum right-of-way width is 50 feet, however;

(b)

The road right-of-way must be of sufficient width to provide for the following:

i.

Drainage;

ii.

Pavement or rock travel way;

iii.

Shoulders;

iii.

Signage;

iv.

Trees; and

v.

Utilities such as street lights and overhead/underground utility lines (electric, telephone, cable TV, gas, water, and sewer).

(2)

Required minimum street section: Streets shall have a minimum travel way width of 22 feet. The travel surface shall be at least equal to the type of surface with which it is being connected (pavement or rock). If development characteristics warrant, the Public Works Director can approve a reduction in the surface type. Written requests for a reduction in surface type shall be directed to the Public Works Director with an accompanying justification statement.

(3)

Required minimum street elevations: The minimum street centerline elevation at finish grade shall be 6.5 feet above mean sea level.

(4)

Required minimum profile gradient: The minimum street profile centerline gradient shall be 0.4% except for causeways where land areas adjacent to the road embankment are jurisdictional wetlands or critical areas.

(5)

Street centerline minimum curve radius criteria:

(a)

Street centerline curve radii shall meet AASHTO guidelines for the design speed limit.

(b)

Where streets are designed for less than a 30 mph speed limit, the design professional shall provide supporting design data, including traffic control signage.

(c)

All roads shall be designed with a minimum road centerline radius of 125 feet.

(d)

Horizontal sight distances shall be considered in the design process.

(e)

Vertical curves shall have a minimum length of 100 feet.

b.

Roadway Drainage Design. Shall satisfy the City of Charleston Stormwater Design Standards Manual.

5.

Non-standard County Road Standards.

a.

General Design Requirements:

(1)

Required right-of-way: The minimum right-of-way width shall be the width of the traveled way plus five feet on either side.

(2)

Required minimum road section: Roads are not constructed to minimum earth road standards.

(3)

Required minimum road elevations: The minimum road centerline elevation at finish grade shall be 6.5 feet above mean sea level, if possible.

(4)

Required minimum profile gradient: N/A.

(5)

Road centerline minimum curve radius criteria: N/A.

b.

Roadway Drainage Design. The roadway drainage design must show, at a minimum, how the drainage is directed away from the travel way.

c.

Construction Plans and Specifications: N/A.

(Ord. No. 2018-031, § 11, 4-10-18)

1.

Road Design.

a.

Specific Right-of-Way Information.

(1)

Causeways:

(a)

Streets to be constructed on causeways shall meet all of the requirements contained within these specifications and the causeway shall also meet the following requirements:

(b)

The minimum street centerline elevation at finish grade shall be 6.5 feet above mean sea level.

(c)

The minimum side slopes shall be 2:1, preferably 3:1 (Horizontal/vertical).

(d)

The minimum top width of the roadway shall be as defined by the road classification plus six-foot wide shoulders (as measured from the edge of travel way to the face of the guide rail) if SCDOT standard guide rails are constructed. If no guide rails are constructed, nine-foot wide shoulders shall be required on each side of the travel way.

(e)

The developer shall provide copies of the approved permits or application ID numbers from all applicable regulatory agencies should expanding the causeway roadbed beyond the toe of the original roadbed be required.

(2)

Bridges:

(a)

Bridges shall be designed in accordance with the AASHTO Standard Specifications for Highway Bridges, current edition and interims, as well as meet the following requirements:

i.

Live load: HS 20-44 loading or an alternate military loading, whichever produces the greatest stress.

ii.

The minimum travel way centerline elevation shall be 6.5 feet above mean sea level.

iii.

The minimum width of the bridge shall be 24 feet clear roadway width.

iv.

The minimum clear width for all bridges on streets with curbed approaches should be the same as the curb to curb width of the approaches, but not less than 24 feet clear roadway width.

v.

For streets with shoulders and no curbs, the clear bridge width preferably should be the same as the roadway width. However, in no case should it be less than 24 feet or the travel way width plus two feet each side, whichever is greater.

vi.

Pedestrian ways on the approaches shall be carried across all new structures.

vii.

SCDOT standard guide rails shall be required.

viii.

All bridges shall be concrete structures supported on concrete piles.

ix.

The developer shall provide copies of approved permits from applicable regulatory agencies for the construction of bridges.

x.

The Public Works Director may consider design alternatives to the aforementioned standards. Any request for design alternatives must be submitted in writing and include details and justifications for each requested alternative. Written approval by the Public Works Director of the requested alternative is required prior to proceeding with construction.

(3)

Temporary Cul-de-sacs: Temporary cul-de-sacs shall be provided when incremental road construction and/or phasing is requested by the developer. Temporary cul-de-sacs shall be constructed as required by this section. Unpaved temporary cul-de-sacs shall require an additional two inches (compacted depth) of base course.

b.

Pedestrians Ways Within Publicly Dedicated Right-of-Way.

(1)

When placed within the public right-of-way, pedestrian ways shall be constructed as specified below:

(a)

Asphalt sidewalk:

i.

An asphalt sidewalk shall have a minimum asphalt thickness of 1½" inches and a minimum base course thickness of four inches. The minimum width for pedestrian ways shall be four feet. All work, materials, methods, and equipment, unless specified otherwise herein, shall be in accordance with the SCDOT (SS).

ii.

For additional ADA requirements see Section 54-1060, 1.a(2) Bridges.

(b)

Concrete sidewalk: A concrete sidewalk shall have a minimum thickness of 4" except at driveways where the minimum thickness shall be 6". Transverse expansion joints shall be placed at intervals of not more than 50'. The minimum width for pedestrian ways shall be 4'. All work, materials, methods, and equipment, unless specified otherwise herein, shall be in accordance with the SCDOT (SS).

c.

Road Surfaces Types.

(1)

Earth roads.

(a)

The City standard earth roadway is identical in cross section to a City standard paved road except that roadbed stabilization may require that material be mixed into the existing soil material, as needed, to a depth of six inches to achieve suitable compaction. The crown shall be six inches. Department of Public Service inspectors will determine whether the prepared subgrade material and earth road overlay soil are acceptable.

(b)

A suitable soil is required for a minimum depth of 18 inches to provide a street that will serve the traffic needs in extremely dry, normal, and in wet weather. Where necessary, a stabilizing type soil shall be added and properly mixed with the soil in place for a depth of not less than 0.6 inches.

(c)

Earth roads, when intersecting with an existing paved road, shall have a paved apron extending to the paved road's right-of-way and when intersecting with a rocked road, shall have a rocked apron extending to the rocked road's right-of-way.

(2)

Rock roads.

(a)

The City standard rock roadway is also identical in cross section to a City standard paved road except that the subgrade is mixed with a 4" minimum aggregate base course worked into the top 2 inches of the existing subgrade, creating a six-inch deep compacted rock surface, meeting the SCDOT (SS). The road crown shall be a minimum of 6". The rock material shall be crusher-run granite aggregate unless otherwise approved by the Public Works Director.

(b)

Rocked roads, when intersecting with an existing paved road, shall have a paved apron extending to the edge of the paved road's right-of-way.

(3)

Paved roads. Shall satisfy the requirements of the Code of the City of Charleston.