In pursuance of authority conferred by the S.C. Code 1976, 6-7-10 et seq., and 6-29-310, et seq., the South Carolina Local Government Comprehensive Planning Enabling Act of 1994 ("the enabling act") with the intention of the town council that this chapter is enacted for the purpose of promoting the health, safety, morals and general welfare of the community; lessening congestion in the streets; securing safety from fire; avoiding undue concentration of population; facilitating the adequate provision of transportation, water, sewerage, schools, parks and other public improvements; and in accordance with a comprehensive plan with the intention that this chapter implement the planning policies adopted for the town and its extraterritorial planning jurisdiction, as reflected in the comprehensive land use plan and other related planning documents and reaffirming its commitment that this chapter and any amendment to it be in conformity with adopted planning policies and expressing the intent that neither this chapter nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document, the town council does ordain and enact into law this chapter.

(Ord. of 6-11-81, art. I; Ord. of 11-14-96(4), § 6; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

Whenever the regulations of this chapter require a greater width or size of yards, or require a greater percentage of lot be left unoccupied, or impose other more restrictive standards than are required in or under any other statutes, the requirements of this chapter shall govern. Whenever the provisions of any other statute require more restrictive standards than are required by this chapter, the provisions of such statute shall govern.

(Ord. of 6-11-81, § 1300; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use means the detached building subordinate to the main building on a lot and used for purposes customarily incidental to the principal use, including, but not limited to, garages, greenhouses and utility structures.

Adult means an individual 18 years of age or older.

Adult bookstore means a bookstore or establishment deriving the majority of its gross income from the sell or rental of or having a majority of its stock in trade in books, magazines or other periodicals, films, of mechanical or non-mechanical devices which constitute adult materials.

Adult material means any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture film, pornographic record, CD or tape, other tangible things, or any service capable of arousing interest through sight, sound or touch, and:

(1)

Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination; or

(2)

Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality or human bodily functions of elimination.

Adult motion picture theater means an enclosed motion picture theater or motion picture drive in theater used for presenting and driving a majority of its gross income from adult material for observation by patrons therein.

Adults only entertainment establishments means any establishment which features services which constitute adult material, or which features exhibitions of persons total nude, or topless, bottomless, strippers, male or female impersonators, or similar entertainment which constitutes adult material.

Alley means a secondary way which affords access to the side or rear of abutting property.

Alteration of building means any changes in the supporting members of a building (such as bearing walls, columns, or girders), any addition or reduction to a building; any change in use; or any relocation of a building from one location or position to another.

Approved tree replacement list means a list of types of trees that are approved as replacements for protected trees that have been removed.

Awning sign means any sign on or attached to a retractable shelter that is supported entirely from the exterior wall of a building.

Banner and pennants mean any sign usually made of cloth or paper and suspended across streets, building fronts or fences.

Bedroom shall be defined as follows: Any room in a residential structure which is at least 70 square feet of floor area and can be used as a sleeping area; excluding kitchen, dining room, living room, bathroom, utility room, or hallway.

Bench sign means any signs which are painted or otherwise attached to the back rest of benches.

Boardinghouse means a dwelling in which at least four persons are provided with meals for compensation.

Building means a structure which is completely enclosed by a roof and by solid exterior walls along whose outside faces can be traced an unbroken line for the complete circumference of the structure, which is permanently affixed to a lot or lots, and used or intended for the shelter, support or enclosure of persons, animals or property of any kind, and includes the word "structure". The connection of two buildings by means of an open porch, breezeway, passageway, carport or other such open structure, with or without a roof, shall not be deemed to make them one building.

Building height. For the definition of "building height" please refer to section 86-182. The provisions of section 86-182 are incorporated in this section to define "building height" for purposes of this section.

Building permit means the permit issued by the town's building code administrator to undertake construction of a structure pursuant to Chapter 14.

Building, principal means a building in which is conducted the principal use of the lot on which such building is located.

Business identification sign means a sign that contains the name of the business enterprise located on the same premises as the sign and the nature of the business conducted there.

Campaign sign means a temporary sign supported by stakes or posts on at least two sides or affixed to a tree or structure expressing support for a candidate for public office or another position regarding a candidate for public office or a public issue relating to an upcoming election or referendum. Outdoor advertising signs shall not be considered campaign signs.

Canopy sign means any sign on or attached to a permanent overhanging shelter which projects from the face of a building and which is wholly or partially supported by the building.

Combination wall-roof-mount sign means any double-faced, projecting wall sign which projects above the roof line of a building and which is wholly or partially supported by the building.

Condominium means a status of property as the term is defined by the South Carolina Horizontal Property Act, Code of Laws of South Carolina § 27-31-10, et seq., as the same may from time to time be amended.

Day care center means and includes any home, center, agency or place, however styled, where children not related to the operator are received for custodial care, apart from their parents whether for compensation, reward, or otherwise during the day only.

DBH or diameter at breast height means the diameter of any tree, measured at breast height (four and one-half feet above the ground). The DBH of a multi-trunk tree will be the sum of the various diameters at breast height.

Destroyed, or destruction shall refer to a structure whose value immediately before a fire or act of God is reduced by more than 50 percent by fire or by Act of God.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, dredging, filling, grading, paving, or excavation.

Developed lot means a lot upon which a building has been erected.

Dock site means a waterfront lot suitable for the construction of a dock/pier and/or auxiliary structures. Dock sites may only exist in the districts in which they are allowed as a permitted use.

Driveway means a public road connecting a building, such as a house or garage, with the street.

Dwelling, multifamily means a building or portion thereof used or designed as a residence for three or more families living independently of each other and doing their cooking therein, including apartment, apartment hotels, condominiums and group houses.

Dwelling, single-family means a building arranged or designed to be occupied by one family. No more than one dwelling per lot is permitted.

Dwelling, two-family means a building arranged or designed to be occupied by two families living independently of each other.

Dwelling unit means a building or portion there of providing complete and permanent living facilities for one family.

Easement refers to a reservation or grant by the property owner to any person, firm or corporation, or to the general public of the use of a strip or parcel of land for a specified purpose.

Facial sign means any sign which is in any manner affixed to any exterior wall of a building and which projects not more than 18 inches and does not extend more than six inches above the parapet eaves or building facade.

Fishing pier means a platform extending from a shore over water and supported by piles or pillars used for non-competitive recreational fishing and pedestrian traffic.

Flag means any sign on cloth, plastic, or other similar non-rigid material attached to a pole or staff by one side whose rotation or movement is determined by the wind direction.

Flood hazard area means any area of the town subject to flooding and so designated by the Department of Housing and Urban Development and the Federal Emergency Management Agency and delineated on applicable FEMA flood hazard boundary maps. The terms "flood hazard area" or "special flood hazard area" are interchangeable.

Floodplain, also flood prone area, means a land area duly designated on officially adopted town floodplain maps available at town hall.

Footprint shall mean the entire area of the lot to be covered by improvements that create impervious surfaces including but not limited to roof overhangs, covered porches, and solid surface decks, but shall not include uncovered decks and exterior uncovered steps that are not solidly sheeted and do not create impervious surfaces; for purposes of this subsection, uncovered porches, decks and external steps are not considered impervious surfaces if they are constructed with boards not exceeding eight inches in width, with gaps of a minimum of one-eighth inch and the surface below the structure is pervious.

Freestanding sign structure means a sign structure which may contain a sign or signs on one side only or it may be V-shaped structure or one containing signs back to back. A freestanding sign structure is one sign.

Historic trees means all trees with a DBH of 24 inches or greater are considered historic. Also called protected trees.

Home occupations means any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental or secondary to the use of the dwelling for residential purposes and does not change the character thereof, and not more than one assistant may be employed. It is provided further that no such occupation shall create disturbing or offensive noises, traffic hazards or unsightly conditions. Not over 25 percent of the total floor space of any structure shall be used for home occupation. Off-street parking requirements shall conform with section 86-175. If traffic hazards are created by this use, the occupation must be moved to a commercial area. Home occupations do not include "body piercing" as that term is use in Code of Laws of South Carolina § 44-32-10 or "tattooing" as that term is used in Code of Laws of South Carolina § 44-34-10.

Impervious surface means that portion of real property which is modified by use of a hard surface or covered by a structure which either prevents the entry of water into the soil mantle or retards the entry of water into the soil mantle to a greater extent than would have existed under natural conditions prior to application of the hard surface or coverage by a structure, or causes water to run off the surface in greater quantities or at an increased flow rate from the quantity or flow rate under natural conditions.

Landowner means an owner of a legal or equitable interest in real property including the heirs, devisees, successors, assigns, and personal representatives of the owner. "Landowner" may include a person holding a valid option to purchase real property pursuant to a contract with the owner to act as his agent or representative for purposes of submitting a proposed site specific development plan or a phased development plan pursuant to this article.

Legally nonconforming shall mean a use or structure that was in compliance with this chapter at the time of commencement or construction, but by virtue of amendment of this chapter, is no longer in compliance with this chapter.

Lot means a parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same, and includes the words "plat" and "parcel."

Lot, corner means a lot having frontage on two or more streets at their intersection.

Lot depth means the mean horizontal distance between front and rear lot lines.

Lot, double frontage means a lot having frontage on two parallel or approximately parallel streets.

Lot, frontage means the distance for which the front boundary line of the lot and the street line are coincident.

Lot of record means a piece of land for which a plat or to which the deed has been recorded in the office of Colleton County register of deeds prior to the adoption of this chapter.

Lot width means the distance between side lot lines measured at the building lines.

Map and zoning map mean the official zoning map of the Town of Edisto Beach, South Carolina.

Marquee sign means any sign on or attached to a permanent overhanging shelter which projects from the building and is entirely supported by such building.

Multi-unit shall mean more than two units on common land where the units do not have defined individual yards meeting the minimum requirements of sections 86-135, 86-136 and 86-185.

Nonconforming use means a structure or land lawfully occupied by an existing use which does not conform with the permitted uses for the zoning district in which it is situated, either at the effective date of this chapter or as the result of subsequent amendments to this chapter.

Nudity (nude) means the showing, representation or depiction of human male or female genitals, pubic area, or buttocks with less than full, opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernible turgid state.

Off-premises sign means any sign that identifies, advertises or directs the public to a business, merchandise, service, institution, entertainment or activity which is located, sold, rented, based, produced, manufactured, furnished or taking place at any location other than on the property where the sign is located. Signs advertising public service, religious or civic club organizations and not exceeding 15 square feet in sign area shall constitute exceptions to this definition of off-premises signs.

One hundred-year flood elevation refers to that elevation of land, measured from mean sea level, which has a one percent chance of being reached each year as a result of flooding conditions usually accompanying a hurricane.

On-premises sign means any sign that advertises activities, goods, products, etc. that are available within the building or on the lot where the sign is located.

Open space means areas that are not occupied by buildings, structures, parking areas, streets, public and private roads, alleys or required yards. Open space shall be permitted to be devoted to landscaping and preservation of natural features.

Painted wall sign means any sign which has been painted on a building which advertises a product or service.

Parking area means all space devoted to parking including driving lanes, minor walks, islands, minor landscaping and other features incidental to parking.

Parking space means the area required for parking one automobile.

Permanent signs means any sign which is permanently attached to a building, the ground or other structures and which meets the structural and installation standards of the Standard Building Code and the electrical standards of the National Electrical Code.

Person means an individual, corporation, business or land trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any legal entity as defined by South Carolina laws.

Phased development plan means a development plan submitted to the town by a landowner that shows the types and density or intensity of uses for a specific property or properties to be developed in phases, but which does not satisfy the requirements for a site specific development plan. These include, but are not limited to, concept PUD plans as authorized by section 86-144 and plans for properties for which only a portion of the whole property is designed and submitted as a site specific development, with the remainder reserved for future development.

Planned shopping center means a group of commercial establishments planned and developed as a unit related in location, size and type of shops to the trade area that the unit serves; it provides on-site parking in definite relationship to the types and sizes of stores.

Planned unit development (PUD) means land under unified control, to be planned and developed as a whole, in a single development operation or a definitely programmed series of development operations, including all land and buildings, according to comprehensive and detailed plans that include not only streets, utilities, lots or building sites and the like, but also site plans for all buildings as intended to be located, constructed, used and related to each other, and detailed plans for other uses and improvements on the land as related to buildings, pursuant to section 86-144, being the same as the planned development district (PDD) as further defined in sections 6-29-720 and 6-29-740 of South Carolina code.

Plat refers to a map or drawing of a lot which is capable of being recorded.

Portable sign means any sign which usually rests on the ground on wheels or metal legs, and may be temporarily anchored by weights and/or cable attached to stakes driven into the ground.

Private road or private street means a nonpublic road which is limited in access to specified groups and their permittees which (1) has not been dedicated to the state, the county, or the town, and (2) has not been accepted by the appropriate public agency for the purpose of maintenance.

Projecting wall sign means any double-faced sign which is mounted to the wall of a building and which projects out from that building for more than 18 inches.

Protected trees means trees that are classified as either "historic "or "significant".

Public road means a dedicated and accepted public right-of-way for vehicular traffic which affords the principle means of access to abutting properties (see street).

Real property or property means all real property that is subject to the land use and development ordinances or regulations of a local governing body, and includes the earth, water, and air, above, below, or on the surface, and includes improvements or structures customarily regarded as part of real property.

Recreational equipment, major includes travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.

Recreational vehicle means any of the following vehicles designed for travel, recreation, and vacation uses: motorhome or van (a portable, temporary dwelling constructed as an integral part of a self-propelled vehicle); pickup camper (a structure designed to be mounted on a truck chassis); recreational travel trailer (a portable structure built on a single chassis, 400 square feet or less when measured at the largest exterior horizontal projections); park trailer (a semi-portable structure built on a single chassis, which does not exceed 400 square feet when constructed to ANSI A-119.5 standards, and 500 square feet when constructed to USDHUD standards) or international equivalent standard; or tent trailer (a canvas or synthetic fiber folding structure mounted on a hard body base and towed by a vehicle).

Replacement tree means any tree that is planted in order to replace an existing tree which must be removed. Replacement trees must have a minimum DBH of three inches and be at least ten feet in height. Multi-trunk replacement trees must be at least ten feet in height.

Restaurant, drive-in means a building and adjoining parking area used for the purpose of furnishing food, beverages, ice cream and similar confections to the public normally for consumption outside the confines of the principal building in vehicles parked upon the premises, regardless of whether, in addition thereto, seats or other accommodations are provided inside for patrons. Services are affected while patrons remain in their vehicles.

Retail business establishment shall mean a business located in a building which involves the retail sale or rental of merchandise, provided that open air markets and flea markets shall be specifically excluded from this definition and shall not be deemed or interpreted to be retail business establishments.

Roof mount sign means any sign which is erected on or above the roof line of a building and which is wholly or partially supported by the building.

Sandwich sign means any sign which is an "A" shaped structure and utilizes copy on both sides, resting on the ground with no permanent attachment.

Screening means a continuous visual buffer which shall be maintained along the property line where a permitted non-residential use adjoins a residential district or any land occupied by any residential use. Such screening shall consist of a compact evergreen hedge or other type evergreen foliage screening, a fence, or a combination of fence and evergreen shrubbery as stated. Screening shall be at least six feet in height.

Sexual activity means sexual conduct or sexual contact, or both.

Sexual conduct means vaginal intercourse between a male and female and anal intercourse, fellatio, or cunnilingus between persons regardless of sex. Penetration, however slight, is significant to complete vaginal or anal intercourse.

Sexual contact means any touching of any erogenous zone of another, including without limitation the thigh genitals, buttocks, pubic region, or, if the person is a female the breasts for the purpose of sexually arousing or gratifying either person.

Sexual excitement means the condition of human male or female genitals, when in a state of sexual stimulation or arousal.

Short term lodging is the lease or rental of sleeping accommodations supplied to a person or persons for a period of less than 30 continuous days.

Sign means any device, structure, fixture, painting or visual image using words, graphics, symbols, numbers or letters designed for the purposes of communicating a message or attracting attention and its supporting structure and components.

Sign area means that area which is contained within a single continuous perimeter enclosing the extreme limits of such sign, and in no case passing through or between elements of such sign. It shall include any material or color forming an integral part of the display or used to differentiate such signs from this background, but shall not include supports. Where two sides of a double-faced sign are not more than 24 inches apart at the widest point, and display identical writing or other representation, the sign face shall be computed by measuring one face only.

Significant trees means [that] all oak, cedar, and magnolia trees with a "DBH" of eight inches or greater but less than 24 inches are considered "significant".

Single story shall refer to a structure whose lowest enclosed living area has only one floor elevation, or multi-floor levels whose lowest enclosed living area has a floor whose elevation is within 36 inches of the floor of the highest enclosed living area.

Site area means the total area included within the property of a site proposed for development.

Site plan means a scale drawing showing all details of a proposed development as required by the various sections of this chapter.

Site specific development plan means a development plan submitted to the town or its authorized Boards, commissions or agents by a landowner describing with reasonable certainty the types and density or intensity of uses for a specific property or properties. These plans include planned unit development district (PUD) submissions pursuant to section 86-144 which comply with all of the required standards of the zoning district within which the property is located or have received a variance or special exception for which all appeals have been exhausted and the decision is final.

Snipe sign means any sign attached in any way to a utility pole, tree, fence, post or any other fixed object located on public or private property. Any sign designed to provide warning to the public shall not be construed to be a snipe sign.

Storage outbuilding means a detached building subordinate to the principal structure on a lot and used for the safekeeping of goods in a depository. The use of motor vehicles for such storage purposes does not conform to the provisions of this chapter.

Street means a dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting properties.

Structure means anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground. The word structure includes the word "building".

Temporary sign means any sign which is not permanently attached to a building, the ground or other structures and which may not meet the structural and installation standards of the Standard Building Code or the electrical standards of the National Electrical Code.

Trailerable refers to any watercraft which can be conveyed to a boat ramp by means of a trailer.

Tree means any living, self-supporting, woody perennial plant which is evergreen or deciduous.

Undeveloped lot means a parcel or a lot on which no buildings have been erected.

Unified business mean two or more businesses located on a single lot.

Use permit means the permit authority granted by the town through its authorized procedures to undertake a use as described in chapter 86, but is not a building permit under chapter 14 (formerly referred to as a "land use" permit).

Variance means a modification of the strict terms of this chapter granted by the zoning board of appeals where such modification will not be contrary to the public interest, and where, owing to conditions peculiar to the property and not as the result of any action on the part of the property owner, a literal enforcement of the chapter would result in unnecessary and undue hardship.

Vested right means the right to undertake and complete the development of property under the terms and conditions of a site specific development plan or a phased development plan as provided in the zoning ordinance.

Wall sign means any painted sign or poster on any surface or plane that may be affixed to the front, side or rear wall of any building. Such signs are sometimes identified as projection signs.

Yard means a space on the same lot with a principal building, open, unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.

Yard, front means a yard situated between the front building line and the front lot line extending the full width of the lot.

Yard, rear means a yard situated between the rear building line and the rear lot line and extending the full width of the lot.

Yard sale means a sale of used household belongings at the home of the seller typically held outdoors. For definition purposes a yard sale is the same as a garage sale. The town considers yard sales, and signs related thereto, conducted not more than once per quarter to be an incidental part of the occupation of the residential property and not commercial activity under this section, subject to SC State Code 12-36-510 (b)(1).

Yard, side means a yard situated between a side building line and a side lot line and extending from the front yard to the rear yard.

Yard sign means a sign that is placed on a residential lot supported by stakes or posts and is oriented towards a public way.

(Ord. of 6-11-81, art. XI; Ord. of 3-14-91, § 10; Ord. of 11-14-96(2), § 5; Ord. of 11-14-96(3), § 5; Ord. of 11-14-96(4), § 5; Ord. of 6-11-98, § 1; Ord. of 9-10-98(4), § 1; Ord. of 2-8-01, § 1; Ord. of 6-21-01(2), § 2; Ord. of 10-11-01, § 1; Ord. of 8-8-02, § 1; Ord. of 10-9-03(2), §§ 1—4; Ord. of 1-8-04, § 1; Ord. of 8-12-04(1), § 1; Ord. of 11-11-04(5), § 2; Ord. of 11-11-04(6), § 1; Ord. of 6-9-05, § 1; Ord. of 12-8-05, § 1; Ord. of 7-13-06, § 1; Ord. of 8-10-06, § 1; Ord. No. 2008-09, 11-13-08; Ord. No. 2010-20, 5-13-10; Ord. No. 2010-32, 9-9-10; Ord. No. 2012-18, 9-13-12; Ord. No. 2014-11, 5-8-14; Ord. No. 2015-09, § 3(Exh. C), 5-14-15, Ord. No. 2015-19, § 2, 9-10-15; Ord. No. 2016-20, 11-10-16; Ord. No. 2017-16, 6-8-17; Ord. No. 2021-01, § 1, 9-9-21; Ord. No. 2021-14, § 1, 9-9-21)

Cross reference— Definitions generally, § 1-2.

(a)

The schedule of fees listed in this section shall be posted in the office of the town administrator and may be altered or amended from time to time by the town council to help defray the costs of zoning administration.

(b)

No land use permit, sign permit or certificate of occupancy, shall be issued until such fees have been paid in full to the office of the town administrator. Nor shall any action be taken on proceedings before the zoning board of appeals or planning commission until the following application fees have been paid in full:

(1)

Use permit and certificate of occupancy (one form): $50.00.

(2)

Temporary certificate of zoning: $50.00 for one-year certificates and each renewal; $40.00 for 60-day certificates and each renewal; $30.00 for 45-day certificates and each renewal.

(3)

Sign permit: $50.00.

(4)

Land clearing permit: $125.00.

(5)

Protected tree removal permit: $25.00. The building code administrator may waive or reduce these fees in cases where there are safety issues involved due to acts of God or disease, or where removal is requested to address insurance underwriting matters.

(6)

Certificate of completion of improvements: $50.00.

(c)

The following filing fees are to help defray expense of legal notice, hearings and other extra administrative costs and are in addition to permit and certificate fees listed in this section:

(1)

Variance application: $100.00.

(2)

Amendment of chapter or zoning map: $100.00.

(d)

No application or filing fees shall be returned for any reason or if a permit is canceled as provided for in section 86-68.

(e)

It shall be the responsibility of the PUD architectural review board to remit to and account for all permit fees issued and civil penalties assessed in the existing PUD district.

(Ord. of 6-11-81, art. XII; Ord. of 6-21-01(2), § 3; Ord. No. 2010-21, 5-13-10; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)