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Florence City Zoning Code

PART 3

Buildings and Structures

Sec. 3-8.1.1 Permitted Encroachments
  • A.
    Generally. Set out in Table 3-8.1.1, Permitted Encroachments, is the projections that may be located within required setback areas (between the required setback lines and the lot lines). Measurements in the table are taken from the setback line to the lot line (Into Required Yard) or from the lot line into the lot (From Lot Line).
  • B.
    Limitation. These permitted encroachments shall not be interpreted to allow obstruction of a required sight triangle or line of sight in the right-of-way.
  • C.
    Interpretation.
    1. 1.
      Measurements in Table 3-8.1.1, Permitted Encroachments are taken from the applicable setback line or from the lot line. The applicable setback line in an NC district may be as established by Section 2-5.2.1, General Development Standards, or Section 2-5.2.2, Alternative Setback Standards.
    2. 2.
      If a measurement is indicated for "Into Required Yard" and "From Lot Line," then the measurement that results in the larger distance from the lot line to the encroachment controls.
    3. 3.
      An indication of (N/A) means "not applicable," in that the limit of the other column is sufficient to control the location of the encroachment.
    • Table 3-8.1.1
    Permitted Encroachments
    Structure or ProjectionPermitted Encroachments1
    Into Required YardFrom Lot Line
    All Setbacks
    Overhanging eaves and guttersNorth and South exposures: 1.5’ East and West exposures: 3’1’1,2
    Awnings and structurally supported canopies without supports that extend to the groundN/A2’1,2
    Steps, 4 feet or less above the point of measurement for the building, which are necessary for access to the building5’1.5’
    Chimneys2’N/A
    Arbors and trellisesN/A2’
    FlagpolesN/A2’
    Fences, walls, and hedgesSee Section 3-8.1.2
    Ground-supported Communication and Reception Antennae5’
    Structures and projections not listed in this Table.3’
    Front or Street Side Setback
    First floor bay windows3’N/A
    Patios10 ft., subject to Section 3-8.1.32.5’
    Open porches4 ft., subject to Section 3-8.1.32.5’
    Balconies, subject to Section 3-8.1.3Generally: 4’ CBD, AC, and DS Districts: 6’N/A
    Side-load garages (attached or detached)On lots 75’ or more in width: 10 ft. On lots less than 75’ in width: prohibited
    Interior Side Setback or Street Side Setback
    Accessory building (except detached garages)N/AShall comply with the principal building setback for the district.
    Air conditioning unit3’ without screening; 5’ if screened by a garden wall or hedge that is 1’ taller than the unit3’
    DrivewaysN/AGenerally: 2’; Shared Driveways: 0’
    DecksN/A3’, subject to Section 3-8.1.3; 1’ if the adjacent parcel is permanent open space
    Rear Setback
    Accessory building (except detached garages)N/A5’ for buildings that are less than 10 ft. in height; 10’ for all other accessory buildings
    Paved off-street parking spacesN/A3’, except individual driveways that are accessed from an alley
    Rear-load detached garageN/A0’, or as required by Director for safe alley passage
    Side-load detached garageN/A5’
    One-story bay window3’N/A
    Air conditioning unit3’ without screening; 5’ if screened by a garden wall or hedge that is 1’ taller than the unitN/A
    Decks, less than 4’ above gradeN/A3’, subject to Section 3-8.1.3
    Decks and balconies, 4 feet or more above grade12’5’, subject to Section 3-8.1.3
    Animal pens and shelters; dog runs3N/A5’.
    TABLE NOTES:
    1 Structures or projections shall not encroach into easements or onto abutting property that is not owned by the applicant. See Subsection C. of this Section.
    2 Encroachment may be allowed subject to Subsection D., of this Section.
    3 The keeping of animals is regulated by the Code of Ordinances.
    Table 3-8.1.1
    Permitted Encroachments
    Structure or ProjectionPermitted Encroachments1
    Into Required YardFrom Lot Line
    All Setbacks
    Overhanging eaves and guttersNorth and South exposures: 1.5’ East and West exposures: 3’1’1,2
    Awnings and structurally supported canopies without supports that extend to the groundN/A2’1,2
    Steps, 4 feet or less above the point of measurement for the building, which are necessary for access to the building5’1.5’
    Chimneys2’N/A
    Arbors and trellisesN/A2’
    FlagpolesN/A2’
    Fences, walls, and hedgesSee Section 3-8.1.2
    Ground-supported Communication and Reception Antennae5’
    Structures and projections not listed in this Table.3’
    Front or Street Side Setback
    First floor bay windows3’N/A
    Patios10 ft., subject to Section 3-8.1.32.5’
    Open porches4 ft., subject to Section 3-8.1.32.5’
    Balconies, subject to Section 3-8.1.3Generally: 4’ CBD, AC, and DS Districts: 6’N/A
    Side-load garages (attached or detached)On lots 75’ or more in width: 10 ft. On lots less than 75’ in width: prohibited
    Interior Side Setback or Street Side Setback
    Accessory building (except detached garages)N/AShall comply with the principal building setback for the district.
    Air conditioning unit3’ without screening; 5’ if screened by a garden wall or hedge that is 1’ taller than the unit3’
    DrivewaysN/AGenerally: 2’; Shared Driveways: 0’
    DecksN/A3’, subject to Section 3-8.1.3; 1’ if the adjacent parcel is permanent open space
    Rear Setback
    Accessory building (except detached garages)N/A5’ for buildings that are less than 10 ft. in height; 10’ for all other accessory buildings
    Paved off-street parking spacesN/A3’, except individual driveways that are accessed from an alley
    Rear-load detached garageN/A0’, or as required by Director for safe alley passage
    Side-load detached garageN/A5’
    One-story bay window3’N/A
    Air conditioning unit3’ without screening; 5’ if screened by a garden wall or hedge that is 1’ taller than the unitN/A
    Decks, less than 4’ above gradeN/A3’, subject to Section 3-8.1.3
    Decks and balconies, 4 feet or more above grade12’5’, subject to Section 3-8.1.3
    Animal pens and shelters; dog runs3N/A5’.
    TABLE NOTES:
    1 Structures or projections shall not encroach into easements or onto abutting property that is not owned by the applicant. See Subsection C. of this Section.
    2 Encroachment may be allowed subject to Subsection D., of this Section.
    3 The keeping of animals is regulated by the Code of Ordinances.
    Table 3-8.1.1
    Permitted Encroachments
    Structure or ProjectionPermitted Encroachments1
    Into Required YardFrom Lot Line
    All Setbacks
    Overhanging eaves and guttersNorth and South exposures: 1.5’ East and West exposures: 3’1’1,2
    Awnings and structurally supported canopies without supports that extend to the groundN/A2’1,2
    Steps, 4 feet or less above the point of measurement for the building, which are necessary for access to the building5’1.5’
    Chimneys2’N/A
    Arbors and trellisesN/A2’
    FlagpolesN/A2’
    Fences, walls, and hedgesSee Section 3-8.1.2
    Ground-supported Communication and Reception Antennae5’
    Structures and projections not listed in this Table.3’
    Front or Street Side Setback
    First floor bay windows3’N/A
    Patios10 ft., subject to Section 3-8.1.32.5’
    Open porches4 ft., subject to Section 3-8.1.32.5’
    Balconies, subject to Section 3-8.1.3Generally: 4’ CBD, AC, and DS Districts: 6’N/A
    Side-load garages (attached or detached)On lots 75’ or more in width: 10 ft. On lots less than 75’ in width: prohibited
    Interior Side Setback or Street Side Setback
    Accessory building (except detached garages)N/AShall comply with the principal building setback for the district.
    Air conditioning unit3’ without screening; 5’ if screened by a garden wall or hedge that is 1’ taller than the unit3’
    DrivewaysN/AGenerally: 2’; Shared Driveways: 0’
    DecksN/A3’, subject to Section 3-8.1.3; 1’ if the adjacent parcel is permanent open space
    Rear Setback
    Accessory building (except detached garages)N/A5’ for buildings that are less than 10 ft. in height; 10’ for all other accessory buildings
    Paved off-street parking spacesN/A3’, except individual driveways that are accessed from an alley
    Rear-load detached garageN/A0’, or as required by Director for safe alley passage
    Side-load detached garageN/A5’
    One-story bay window3’N/A
    Air conditioning unit3’ without screening; 5’ if screened by a garden wall or hedge that is 1’ taller than the unitN/A
    Decks, less than 4’ above gradeN/A3’, subject to Section 3-8.1.3
    Decks and balconies, 4 feet or more above grade12’5’, subject to Section 3-8.1.3
    Animal pens and shelters; dog runs3N/A5’.
    TABLE NOTES:
    1 Structures or projections shall not encroach into easements or onto abutting property that is not owned by the applicant. See Subsection C. of this Section.
    2 Encroachment may be allowed subject to Subsection D., of this Section.
    3 The keeping of animals is regulated by the Code of Ordinances.
    Table 3-8.1.1
    Permitted Encroachments
    Structure or ProjectionPermitted Encroachments1
    Into Required YardFrom Lot Line
    All Setbacks
    Overhanging eaves and guttersNorth and South exposures: 1.5’ East and West exposures: 3’1’1,2
    Awnings and structurally supported canopies without supports that extend to the groundN/A2’1,2
    Steps, 4 feet or less above the point of measurement for the building, which are necessary for access to the building5’1.5’
    Chimneys2’N/A
    Arbors and trellisesN/A2’
    FlagpolesN/A2’
    Fences, walls, and hedgesSee Section 3-8.1.2
    Ground-supported Communication and Reception Antennae5’
    Structures and projections not listed in this Table.3’
    Front or Street Side Setback
    First floor bay windows3’N/A
    Patios10 ft., subject to Section 3-8.1.32.5’
    Open porches4 ft., subject to Section 3-8.1.32.5’
    Balconies, subject to Section 3-8.1.3Generally: 4’ CBD, AC, and DS Districts: 6’N/A
    Side-load garages (attached or detached)On lots 75’ or more in width: 10 ft. On lots less than 75’ in width: prohibited
    Interior Side Setback or Street Side Setback
    Accessory building (except detached garages)N/AShall comply with the principal building setback for the district.
    Air conditioning unit3’ without screening; 5’ if screened by a garden wall or hedge that is 1’ taller than the unit3’
    DrivewaysN/AGenerally: 2’; Shared Driveways: 0’
    DecksN/A3’, subject to Section 3-8.1.3; 1’ if the adjacent parcel is permanent open space
    Rear Setback
    Accessory building (except detached garages)N/A5’ for buildings that are less than 10 ft. in height; 10’ for all other accessory buildings
    Paved off-street parking spacesN/A3’, except individual driveways that are accessed from an alley
    Rear-load detached garageN/A0’, or as required by Director for safe alley passage
    Side-load detached garageN/A5’
    One-story bay window3’N/A
    Air conditioning unit3’ without screening; 5’ if screened by a garden wall or hedge that is 1’ taller than the unitN/A
    Decks, less than 4’ above gradeN/A3’, subject to Section 3-8.1.3
    Decks and balconies, 4 feet or more above grade12’5’, subject to Section 3-8.1.3
    Animal pens and shelters; dog runs3N/A5’.
    TABLE NOTES:
    1 Structures or projections shall not encroach into easements or onto abutting property that is not owned by the applicant. See Subsection C. of this Section.
    2 Encroachment may be allowed subject to Subsection D., of this Section.
    3 The keeping of animals is regulated by the Code of Ordinances.
    1. D.
      Encroachments onto Other Abutting Properties or Easements. No projection shall encroach:
      1. 1.
        Onto or over separately owned property, unless a recorded document provides for access to and maintenance of the improvement; or
      2. 2.
        Into utility easements, unless:
        1. a.
          The design of the improvement does not interfere with access to or operation of the utility;
        2. b.
          The improvement is designed and constructed so that it may be promptly removed or relocated;
        3. c.
          The easement provides for the utility provider or the City to remove the encroachment, in their sole discretion and at the property owner's expense; and
        4. d.
          A copy of the easement, with evidence of recording, is provided to the Director prior to the issuance of permits or clearances for such structures or projections.
    2. E.
      Right-of-Way Encroachments. Encroachment into the public right-of-way is generally not allowed, but may be permitted, subject to public agency approval, if the applicant complies with all applicable standards of Chapter 17, Article 4 of the Code of Ordinances and all of the following are demonstrated with respect to the improvement in the area of encroachment:
      1. 1.
        The improvement is attached to a building that is located in the CBD, AC, or DS districts (see Section 2-5.1.1, General Development Standards);
      2. 2.
        The improvement is constructed and situated in a manner that does not obstruct pedestrian or vehicular traffic or otherwise constitute a safety hazard (e.g., by blocking a sight triangle or line of sight in the right-of-way);
      3. 3.
        The improvement is subject to a revocable license to encroach upon the public right-of-way;
      4. 4.
        The encroachment, other than in the CBD, AC, or DS districts, is limited to not more than the lesser distance of:
        1. a.
          Two feet to the back of the street curb; or
        2. b.
          The inside edge of a landscaped area on the street-side edge of a sidewalk; or
        3. c.
          A distance necessary for the growth of planned or existing street trees.

    Effective on: 11/14/2019

    Sec. 3-8.1.2 Fences, Walls, and Hedges
  • A.
    Generally. The requirements of this Section apply to fences, walls, and hedges on residential lots, except multifamily lots or parcels.
  • B.
    Heights and Setbacks. Set out in Table 3-8.1.2, Heights and Setbacks for Fences, Walls, and Hedges is the allowable heights and setbacks for fences, walls, and hedges.

    •  

    Table 3-8.1.2 Heights and Setbacks for Fences, Walls, and Hedges

    Standard

    Front Yard

    Side Yard

    Street Side Yard

    Rear Yard1

    MaximumHeight3

    Up to 4’, subject to this Section.

    6’

    6’

    6’1,2

    Minimum Setback

    N/A; 0’, subject to this Section.

    0’

    0’, but at least 1’ from sidewalk and/or 5’ from street

    0’1

    Transparency

    50%

    0%

    50%

    0%

    TABLE NOTES:

    1 A lower fence height, increased setback, or minimum transparency may be required to assure safe alley passage.

    2 Fences or walls in rear yards abutting CG, CBD, AC, DS, IL, or IH districts may be a maximum of 8’ in height

    3 Fences or walls in excess of maximum allowed height shall require a variance from the Board of Zoning Appeals.

     

     

    1. C.
      Materials.
      1. 1.
        Allowed Materials. Materials used for fences and walls shall be durable, and of a character commonly used in residential applications, including:
        1. a.
          Wood, provided that it is:
          1. 1.
            a weather resistant species;
          2. 2.
            treated with U.S. Environmental Protection Agency approved preservatives; or
          3. 3.
            finished (painted or stained and sealed);
        2. b.
          Ornamental wrought iron or powder-coated aluminum (except those used for screening purposes);
        3. c.
          Cement fiberboard;
        4. d.
          Composite materials;
        5. e.
          Masonry (brick, stucco-finished concrete, split face concrete masonry units, or stone), but not unfinished concrete block; or
        6. f.
          Combinations of these materials.
      2. 2.
        Limited Materials.
        1. a.
          Chain link fences are permitted only:
          1. 1.
            In interior side yards and rear yards that are not also street yards; and
          2. 2.
            In street side yards where a hedge is planted outside of the fence and maintained at the height of the fence.
        2. b.
          Barbed wire and razor wire are not permitted outside of AR and IH districts, except where the Planning Commission finds that such measures are necessary to address a demonstrated security need that is specific to the parcel upon which it is proposed.
        3. c.
          Welded wire, agricultural fencing, and chicken wire fences are allowed only in the AR and OSR districts on lots where such fences exist on the effective date; or on the inside of split rail fencing in interior side and/or rear yards that are not also street yards, provided that it does not exceed the height of the fence.
      3. 3.
        Prohibited Materials. The following materials are not allowed as fence or wall components:
        1. a.
          scrap lumber;
        2. b.
          plywood;
        3. c.
          sheet metal;
        4. d.
          plastic or fiberglass sheets;
        5. e.
          barbed wire or razor wire (except as provided in Subsection 2.b., above); and
        6. f.
          spikes, nails, or other comparable sharp points.
    2. D.
      Orientation.
      1. 1.
        The finished side of all fences shall face outward toward any adjacent rights-of-way. See Figure 3-8.1.2, Fence Orientation.
    Figure 3-8.1.2
    Fence Orientation
    PermittedNot Permitted

     

     

    1. E.
      Fence and Wall Design.
      1. 1.
        No new fence or wall that is installed in a bufferyard along a collector or arterial street shall run for a distance of more than 100 feet without an offset of at least 10 feet in width and three feet in depth, which may be used in one of the following ways:
        1. a.
          To provide a location for a gate;
        2. b.
          To provide a location for landscaping; or
        3. c.
          To provide a location for a change in materials to enhance the appearance of the fence.
      2. 2.
        Line posts for wood picket or chain link fences shall be spaced at intervals of not more than eight feet on-center.
      3. 3.
        Masonry walls shall include pilasters or comparable architectural treatments at regular intervals of not more than 20 feet on-center.
    2. F.
      Continuity of Fences and Walls Along Collector and Arterial Streets
      1. 1.
        The continuity of fences and walls along collector and arterials shall be maintained between street intersections on the same side of the street in terms of design, color, materials, and height. Where fences and walls along the same side of the street vary in design, color, materials, or height, then new or replacement fences or walls shall be matched to existing structures in the following order of priority:
        1. a.
          Existing masonry walls, if such walls occupy more than 20 percent of the distance between street intersections; or
        2. b.
          The existing privacy fence that is in the best condition.
      2. 2.
        The side of any fence that faces an arterial street right-of-way shall be the finished side. All support posts and stringers shall face inward toward the property upon which the fence is located, or the subdivision that it screens (if located on commonly owned property).
    3. G.
      Hedge Maintenance. Hedges shall be planted and maintained so that they do not extend over public rights-of-way. Hedges that are within five feet of a front lot line shall not exceed four feet in height unless they are part of a required bufferyard.
    4. H.
      Relationship to Sight Triangles and Sight Distances. Nothing in this Section supersedes the requirements of Division 4-11.3, Sight Clearance.

    Effective on: 1/15/2018

    Sec. 3-8.1.3 Decks, Balconies, and Porches
  • Decks and Balconies.
    1. Decks and balconies are allowed to project into required yards to the extent permitted by Section 3-8.1.1 Permitted Encroachments.
    2. The surface of a deck in a side setback area shall be not more than two feet above grade.
    3. No deck shall have a surface that is elevated higher than the level of the second floor of the principal building. Balconies may be located above the second floor.
    4. Balconies and decks that are accessed from upper floors shall not be located on the sides of buildings if the outer edge of the balcony or deck is closer than 15 feet to a side lot line.
  • Enclosed Porches. Enclosed porches are subject to the same requirements as the building to which they are attached.
  • Open Porches.
    1. Generally, an open porch is allowed to project into required yards to the extent permitted by Section 3-8.1.1 Permitted Encroachments, provided that the encroachment involves not more than 60 square feet of the porch's floor area.
    2. In NC districts, additional encroachment is allowed if it is demonstrated that the open porch will have at least the same front setback as the average front setback of similar existing open porches on the same side of the street.

    • Effective on: 4/16/2018

    Sec. 3-8.1.4 Swimming Pools and Spas
  • A.
    Generally. Swimming pools shall be constructed on the same lot as the principal building to which they are accessory. Swimming pools that are intended to serve the occupants of all lots in a development shall be constructed on a tract that is owned and maintained by a property owners’ association.
  • B.
    Timing of Construction. No residential swimming pool or spa shall be constructed unless:
    1. 1.
      The principal building has already been constructed, or the principal building is under construction simultaneously with the swimming pool or spa; or
    2. 2.
      The structure is an amenity that is provided for a development as a whole, and the development phasing plan allows its construction before the construction of dwelling units.
  • C.
    Setbacks. Set out in Table 3-8.1.4, Setbacks for Swimming Pools and Spas, is the setbacks for swimming pools and spas, which shall be measured from the outside walls of the pool or spa.
    • Table 3-8.1.4
    Setbacks for Swimming Pools and Spas
    Setback or SpacingPrivate On-Lot Community1
    FrontBehind the front building line of the principal buildingBehind the front building line of the existing or proposed pool house building
    Side10’10’ clearance to fence enclosure
    Rear10’ 
    Building Spacing6’210’
    Utility Easement2.
    Overhead Utility Line10’
    TABLE NOTES:
    1 Owned by a Property Owners' Association for the benefit of owners or as an amenity to the renters of a multifamily development. 2 Portable spas are not subject to this requirement.
    1. D.
      Access Restrictions. Swimming pools, spas, and associated deck area shall be enclosed to restrict access as required by applicable building codes. See Code of Ordinances, Chapter 4, Buildings; Construction and Related Activities.
    2. E.
      Lighting. All lighting shall be directed away from adjoining residences and comply with the standards and requirements of Division 4-11.1, Lighting.

    Effective on: 1/1/1901

    Sec. 3-8.1.5 Satellite Dishes and Antennae
  • Generally. The standards of this Section apply to satellite dishes and antennae that are typically associated with residential uses. They are not applicable to facilities that are used for commercial purposes or the provision of personal wireless telecommunications services to people who do not reside on the lot on which the dish or antenna is located.
  • TV Antennae, DTV Antennae, Wireless Cable Antennae, and Satellite Dishes.
    1. The location of ground-supported communication and reception antennae shall comply with the setbacks set out in Table 3-8.1.1, Permitted Encroachments.
    2. The following are permitted if they are attached to a building or located within the buildable area of a principal structure. They may not be located in the front yard or on the front wall of the principal structure and may not extend more than 12 feet above the highest peak of the roof (lattice towers are not allowed on roofs).
      1. TV antennae;
      2. DTV antennae;
      3. Wireless cable antennae; and
      4. Satellite dishes that are three feet, four inches or less in diameter.
    3. All cabling must be run internally when feasible, securely attached, and as inconspicuous as practicable.
    4. Masts that are greater than 12 feet above the peak of the roof are permitted if it is demonstrated that:
      1. An adequate signal cannot be obtained at a lower height; and
      2. The mast and antenna are lower than overhead power lines, or set back from overhead power lines such that a collapse of the mast will not result in contact with the lines.
    5. Satellite dishes that are more than three feet, four inches in diameter are permitted if:
      1. They are located on the ground in the rear yard and not visible from ground-level views from public rights-of-way or abutting properties; or
      2. If the dish cannot be located in the rear yard, it is located on the ground within the buildable area on the side of the building and the dish or antenna is fully screened from view from public rights-of-way with:
        1. a masonry wall; and / or
        2. an evergreen hedge or shrub and understory trees.
  • Amateur Radio Antennae. Amateur radio antennae are permitted if the following standards are met:
    1. Height, setbacks, and screening for the antenna structure shall be as provided in Table 3-8.1.5, Amateur Radio Antennae.
    2. Support structures that are not attached to the antenna structure shall be treated as accessory structures for the purposes of height, setbacks, and screening.
    • Table 3-8.1.5
    Amateur Radio Antennae
    Minimum Lot AreaMax. HeightMinimum Front SetbackMin. Other SetbacksRequired Screening
    2 acres 120’ 100 ft.; or, alternatively, 20 ft. behind back wall of principal building 70’ Continuous evergreen hedge around sides of base that face lot lines; two understory trees, located to maximize interruption of views from adjacent property and public rights-of-way. Existing vegetation that provides comparable screening may be substituted for this requirement.
    9,000 sf. 75’ 75 ft.; or alternatively, 15 ft. behind back wall of principal building 25’
    Any residential lot 40’ Same as required for principal building. None.

    Effective on: 1/1/1901

    Sec. 3-8.1.6 Renewable Energy Systems
  • Generally. Renewable energy systems include photovoltaic arrays (solar electric panels), solar water heaters, and geothermal heating and cooling systems. They do not include the manufacture of renewable combustible fuels (e.g., ethanol or biodiesel).
  • Interconnect Agreements Required. If a photovoltaic array is to be interconnected to the electric utility grid, proof of an executed interconnect agreement shall be provided before the system is interconnected. Systems approved pursuant to this Section shall not generate power as a commercial enterprise.
  • Photovoltaic Arrays. The following standards apply to photovoltaic arrays:
    1. Roof-Mounts. Photovoltaic arrays may be roof-mounted on principal and accessory buildings in all districts. Systems that are designed to be incorporated into the roof, such as solar shingles, are permitted anywhere on the building.
    2. Ground-Mounts. Ground or structure-mounted photovoltaic arrays (not mounted on buildings) shall be setback as if they were detached accessory buildings if the highest point on the panels is more than six feet above grade. (see Section 3-8.1.9, Accessory Buildings and Structures)
    3. Carports and Covered Walkways. Carports and walkways in multifamily developments may be covered with photovoltaic arrays, provided that:
      1. There is not less than eight feet of clearance under the carport or covered walkway; and
      2. In residential zoning districts, PV panels that cover carports and covered walkways are set back from the front property line as required for principal buildings. Additional setbacks may be required in other areas in order to comply with building setback requirements or accessory structure requirements for the underlying structures.
  • Community Photovoltaic Facility. A facility that serves more than an individual home or business, such as a neighborhood facility or community solar garden shall be permitted in any district.
  • Geothermal Heating and Cooling Systems.
    1. Closed loop systems (horizontal loop systems and vertical loop systems) are permitted, provided that the loops are set back at least two feet from property lines and outside of utility easements.
    2. Lake loop systems are permitted if the water body is entirely within the property lines of the parcel proposed for development.
    3. Open loop systems are not permitted.
  • Community Geothermal Facility. A facility that serves more than an individual home or business shall be permitted in any district if a subdivision or portion of a subdivision:
    1. Has land in common ownership where certain components of the system are located; and
    2. Has a homeowners’ association to maintain any off-site components.  

    • Effective on: 1/1/1901

    Sec.3-8.1.7 Solid Waste Storage and Collection
  • Individual Garbage Containers. The storage and placement of individual garbage containers is regulated by the Code of Ordinances, Chapter 9, Article IV, Preparation, Collection, and Disposal Practices.
  • Bulk Containers. Bulk containers are regulated by the Code of Ordinances, Chapter 9 - Garbage, Trash, Junk, Hazardous Waste, and Weeds, and the standards of this Section.
    1. Screening. The screening that is required by Section 3-8.2.4. Solid Waste Storage and Collection, shall be provided as follows:
      1. The areas where dumpsters and/or garbage bins are stored shall be fully enclosed by an opaque wall constructed of brick, stone, or stucco-finished concrete block, and/or earthen berms, to a height of one foot above the top of the dumpster;
      2. The enclosures shall provide the following types of access:
        1. Service gates which remain closed at all times except when the dumpster or garbage bins are being serviced; and
        2. Separate pedestrian access gates or a pedestrian access opening that screens the dumpster from view.
    2. Location.
      1. Bulk containers shall be located no more than 300 feet from the individual residential units or tenant spaces that they are intended to serve;
      2. Bulk container enclosures shall be located in a side or rear yard of the parcel proposed for development, unless it is has been determined by the Director of Public Works, in coordination with the Director, that another location is necessary to provide service access;
      3. If a bulk container enclosure must be located in a front yard to meet the requirements of the refuse service provider, it shall be designed and constructed to be consistent and compatible with principal building in terms of materials, colors, and architecture; and
      4. The permanent location of the container is subject to approval by the Director of Public Works, in coordination with the Director.

    • Effective on: 4/16/2018

    Sec. 3-8.1.8 Animal Pens and Dog Runs
  • Location. Animal pens and shelters for animals, including dog runs, are not allowed in the area between building walls and abutting streets.
  • Use. The keeping of animals is further regulated by the Code of Ordinances, Chapter 3, Animals and Fowl.

    • Effective on: 1/1/1901

    Sec. 3-8.1.9 Accessory Buildings and Structures
  • A.
    Generally. The standards of this Section apply to accessory buildings and structures that are not specifically addressed elsewhere in this Unified Development Ordinance.
  • B.
    Building Coverage. Accessory buildings are counted in the calculation of building coverage.
  • C.
    Timing of Construction. No accessory building shall be constructed unless the principal building has already been constructed, or the principal building is simultaneously under construction, unless:
    1. 1.
      The accessory building or accessory structure is necessary for the construction of the principal building; or
    2. 2.
      No principal building is planned, and the accessory building is necessary for the proposed use of the property (e.g., restroom facilities at a park).
  • D.
    Location.
    1. 1.
      No accessory building or structure of any type shall be located in a front yard, side yard (extended to the rear plane of the principal structure), or street side yard (extended to the rear plane of the principal structure), except as may be specifically allowed by this Division.
    2. 2.
      Accessory buildings shall not be located in a required bufferyard area.
    3. 3.
      Accessory buildings must be located on the same lot as the principal building or use to which they relate.
  • E.
    Residential Occupancy. Accessory buildings shall not be occupied for residential purposes unless they comply with standards of Section 1-2.10.1, Residential Accessory Uses. A mobile home or manufactured home shall not be used as an accessory building.
  • F.
    Attached Accessory Buildings. Accessory buildings, including storage sheds, supplemental living spaces, and garages, that are structurally attached to a principal building shall conform to all standards that are applicable to the principal building, except as provided in Section 3-8.1.1,Permitted Encroachments. Covered (but otherwise unenclosed) walkways that do not have wall connections between buildings shall not be considered attachments for the purposes of this Subsection.
  • G.
    Detached Garages. Detached garages are permitted only for the following housing types:
    1. 1.
      Single-Family Detached. Detached garages on single-family detached lots may be single-story buildings or two-story buildings that include second floor workshop or storage space (subject to Section 1-2.10.1, Residential Accessory Uses).
      1. a.
        One-story detached garages may be set back as allowed by Section 3-8.1.1, Permitted Encroachments.
      2. b.
        Two-story detached garage buildings shall be set back according to the requirements that apply to the principal building. For the purposes of this Subsection, garages with doors that are taller than eight feet are considered two-story.
    2. 2.
      Duplexes. Detached garages on duplex lots are permitted, provided that the garages are one-story and located behind the principal building. In the locations where they are allowed, the garages may be set back as allowed by Section 3-8.1.1, Permitted Encroachments.
    3. 3.
      Townhomes and Multifamily. Detached garages that serve townhomes and multifamily developments shall be one-story buildings. They may be:
      1. a.
        Located on the same lot as the townhome; or
      2. b.
        In the interior of a multifamily development, such that the garage doors are screened from view from rights-of-way by buildings and landscaping; and/or
      3. c.
        Along the perimeter of the development, integrated into a perimeter bufferyard (as a wall), provided that:
        1. 1.
          The development is located in either the RS, RG, or RU district;
        2. 2.
          The wall of the garages that faces abutting property or rights-of-way is clad with masonry;
        3. 3.
          The landscaped portion of the bufferyard is located between the garages and the property line;
        4. 4.
          No garage building is wider than 80 feet; and
        5. 5.
          Garage buildings are separated from each other by at least 10 feet (fencing may be used to span the area between garage buildings).
  • H.
    Carports, Car Covers, and Porte-Cocheres.
    1. 1.
      Where Allowed.
      1. a.
        Generally. Carports, car covers, and porte-cocheres are allowed:
        1. 1.
          Within the areas available for construction of principal and accessory buildings on all properties that are developed with detached or attached dwelling units (except multi-family dwelling units).
        2. 2.
          Within parking areas (and in the case of porte-cocheres, passenger loading areas) of multi-family, nonresidential, and mixed-use development.
    2. 2.
      Additional Alternatives in the NC Districts. Carports and car covers may be constructed outside of the building envelope, as follows:
      1. a.
        Support posts shall not be closer than:
        1. 1.
          Three feet to any side property line; or
        2. 2.
          10 feet from a rear property line; and
        3. 3.
          10 feet from a front or street side property line;
      2. b.
        They shall not encroach upon or extend over a public sidewalk or sidewalk adjacent to a private roadway easement;
      3. c.
        The canopy or roof structure (including overhang) shall not extend past the support posts by more than two feet;
      4. d.
        Carports, car covers, trellises, arbors, porte-cocheres, and similar structures shall be open on all sides unless backing and/or siding to the primary structure. Under no situation or condition may a structure side, front, or back be enclosed or covered in whole or in part in any way; and
      5. e.
        Carports and car covers shall not be used for storage of any items that can be viewed from a public street, except motor vehicles. Storage of any items within a carport shall be within a fully enclosed cabinet or closet that is located adjacent to the principal structure and with a depth of no greater than 30 inches.
    3. 3.
      Encroachment. Carports, car covers, and porte-cocheres shall not encroach into easements unless written permission is granted from the owner or lessee of the easement and proof of such permission is provided to the City prior to the issuance of permits or clearances for such structures.
    4. 4.
      Survey Required. A copy of the most recent plat of the property along with a survey or scaled drawing showing all existing buildings on the lot or parcel of land where the carport, car cover, or porte-cochere is proposed to be located shall be submitted with the required zoning compliance application.
    5. 5.
      Height. Carports, car covers, and porte-cocheres shall not exceed one story or 16 feet in height, whichever is less.
    6. 6.
      Construction Methods. Carports, car covers, porte-cocheres, and their support structures shall be firmly anchored to the ground and shall meet applicable building codes, including wind loading requirements. Drainage runoff from the structure shall not impact adjacent properties.
    7. 7.
      Design and Appearance. All structures shall be permanent structures that are built on-site. Structures that can be viewed from a public street shall be constructed so that supporting posts, fascia, soffits, and roof and roof slope are of the same materials and color and resemble the principal structure. Exceptions to this requirement are allowed if the roof portion is approved as a trellis, arbor, or similar open-roof structure.
    8. 8.
      Applicable Building Standards. Carports, car covers, and porte-cocheres are subject to all applicable building codes, as amended from time to time.
    9. 9.
      Building Permit Required. As permanent structures, carports, car covers, and porte-cocheres shall make application for a building permit.
  • I.
    Other Detached Accessory Buildings (Excluding Accessory Dwelling Units).
    1. 1.
      Maximum Size. Detached accessory buildings shall not cover an area that is larger than 25 percent of the gross floor area of the principal building, or 1,500  square feet, whichever is smaller, nor shall a detached accessory building's length (measured as the total building length along the side closest in parallel to the rear property line) be in excess of 25 percent of the width of the rear property line,  except that:
      1. a.
        In the OSR or AR districts, accessory buildings and structures are permitted as needed to support recreational or agricultural  uses;
      2. b.
        Buildings that are accessory to individual townhome, duplex, and multiplex units (except garages) are limited to 120 square feet per unit.
      3. c.
        Accessory buildings in the RE (Residential Estate) and the NC-15 subdistrict shall not cover an area that is more than 15 percent of the lot area.
    2. 2.
      Height. Detached accessory buildings shall not exceed the height of the primary structure or 20’ in height, whichever is less.
    3. 3.
      Number of Accessory Buildings. The number of accessory buildings is limited by the more restrictive of:
      1. a.
        Any applicable building coverage or floor area ratio limitation for the lot or parcel proposed for development;
      2. b.
        The floor area limitation of Subsection I.1., above; or
      3. c.
        One accessory buildings (other than a detached garage) per single-family residential lot; or
      4. d.
        One accessory building (other than a detached garage) per individual townhome, duplex, or multiplex unit.
    4. 4.
      Building Spacing. Accessory buildings shall be separated from principal buildings and other accessory buildings by no less than six feet.
    5. 5.
      Compatibility. Accessory buildings shall be designed to be compatible with the principal building in terms of:
      1. a.
        Color, which shall be the same as or compliment the principal building;
      2. b.
        Materials, which shall be the same as those used on the principal building, and in the case of siding or brick, shall be installed with the same patterns as on the principal building;
      3. c.
        Roof pitch, materials, and color, which shall be the same as the principal building; and
      4. d.
        Fenestration, if windows are provided, they should be of a type and aspect ratio that is similar to those on the principal building.
    6. 6.
      Small Shed Exemption. Small sheds are exempt from the compatibility requirements of Subsection I.5 if they are:
      1. a.
        Located in a residential zoning district;
      2. b.
        Not installed over a utility or access easement;
      3. c.
        120 square feet or less in floor area; and
      4. d.
        10 feet or less in height, measured from the base of the shed to the peak of the roof.

    • [Ord. # 2019-39, Accessory buildings in residential districts, 11/04/2019] 

    Effective on: 11/4/2019

    Sec. 3-8.1.10 Height Exceptions
    The height limitations of this Unified Development Ordinance shall not apply to the following, except in the Airport Compatibility (AC) district: belfries, chimneys, church spires, conveyors, cooling towers, cupolas, domes, elevator bulkheads, fire towers, flag poles, ornamental towers and spires, public monuments, public utility poles, silos, skylights, smoke stacks, and stage towers or scenery lofts. Such features shall be erected only to such height as is necessary to accomplish the purpose they are intended to serve. No height extension shall serve as a place for human habitation.

    Effective on: 1/1/1901

    Sec. 3-8.2.1 Permitted Encroachments
  • Generally. Set out in Table 3-8.2.1, Permitted Encroachments, is the projections that may be located within required yards (between the required setback lines and the lot lines). Measurements in the table are taken from the setback line to the lot line (Into Required Yard), from the lot line into the lot (From Lot Line), and from the lot line into the right-of-way (Into Right-of-Way), subject to public agency approval.
  • Limitation. These permitted encroachments shall not be interpreted to allow obstruction of a required sight triangle or line of sight in the right-of-way.
  • Interpretation.
    1. If a measurement is indicated for “Into Required Yard” and “From Lot Line”, then the measurement that results in the larger distance from the lot line to the encroachment controls.
    2. If a measurement is indicated for “From Lot Line” and “Into Right-of-Way”, then the measurement that allows the smallest encroachment into the right-of-way controls.
    3. An indication of N/A means “not applicable” in that the limitation of another column is sufficient to control the location of the encroachment.
  • Right-of-Way Encroachment Permit Required. No structure or portion of a structure is permitted to project into the right-of-way until a right-of-way encroachment permit has been issued prior to installation of the projection, as provided in the Code of Ordinances, Chapter 17, Article IV, Encroachments and Excavations.
    • Table 3-8.2.1
    Permitted Encroachments
    Structure / ProjectionPermitted Encroachments
    Into Required YardFrom Lot LineInto Right-of-Way
    All Yards
    Awnings without supports that extend to the ground, not less than 8’ above the sidewalk, and no interference with traffic flow. To the lot line. Generally 2’; 0’ in CBD. Generally not permitted; 10’ in CBD over a sidewalk or pedestrian area, but not closer than 5’ from back of curb.
    Steps, 4 feet or less above grade, which are necessary for access to a building, or for access to a lot from a street or alley Permitted as necessary for pedestrian access.. Permitted as necessary for pedestrian access; shall not interfere with vehicular traffic.
    Chimneys 2’ N/A Not permitted.
    Arbors and trellises N/A 5’ Not permitted.
    Flagpoles N/A 5’ Not permitted.
    Ground-supported communication and reception antennae 5’ Not permitted.
    Structures and projections not listed in this Table. 5’ Not permitted.
    Front Yard
    Overhanging eaves and gutters. 2.5’ N/A Generally not permitted; permitted in CBD but shall not interfere with vehicular or pedestrian traffic.
    Outdoor dining area in conjunction with an existing restaurant. To the lot line in CBD 0’ in CBD Generally not permitted; 10’ in CBD over a sidewalk or pedestrian area, but not closer than 5’ from back of curb.
    Patios or decks, provided that decks are not more than 6’ above grade. 15’ 5’ or width of bufferyard, whichever is greater Not permitted.
    Side Yard
    Overhanging eaves and gutters. 2’ 1’ Generally not permitted; 5’ in CBD over a sidewalk or pedestrian area, but not closer than 5’ from back of curb.
    Air conditioning units 6’ if screened from view by a fence, wall, or hedge that is 1’ taller than the unit 2.5’ Not permitted.
    Decks, less than six feet above grade. N/A 3’; 0’ if located adjacent to permanent open space. Not permitted.
    Decks, six feet or more above grade. Generally 6’; 0’ in CBD Generally 2’; 0’ in CBD Not permitted.
    Rear Yard
    Overhanging eaves and gutters 2.5’ 1’ Generally not permitted; 5’ in CBD over a sidewalk or pedestrian area, but not closer than 5’ from back of curb.
    Air conditioning units 6’ if screened from view by a fence, wall, or hedge that is 1’ taller than the unit 5’ Not permitted.
    Decks, less than six feet above grade N/A 10’ Not permitted.
    Decks, six feet or more above grade 15' 5’; 0’ if located adjacent to permanent open space Not permitted.
    Table 3-8.2.1
    Permitted Encroachments
    Structure / ProjectionPermitted Encroachments
    Into Required YardFrom Lot LineInto Right-of-Way
    All Yards
    Awnings without supports that extend to the ground, not less than 8’ above the sidewalk, and no interference with traffic flow. To the lot line. Generally 2’; 0’ in CBD. Generally not permitted; 10’ in CBD over a sidewalk or pedestrian area, but not closer than 5’ from back of curb.
    Steps, 4 feet or less above grade, which are necessary for access to a building, or for access to a lot from a street or alley Permitted as necessary for pedestrian access.. Permitted as necessary for pedestrian access; shall not interfere with vehicular traffic.
    Chimneys 2’ N/A Not permitted.
    Arbors and trellises N/A 5’ Not permitted.
    Flagpoles N/A 5’ Not permitted.
    Ground-supported communication and reception antennae 5’ Not permitted.
    Structures and projections not listed in this Table. 5’ Not permitted.
    Front Yard
    Overhanging eaves and gutters. 2.5’ N/A Generally not permitted; permitted in CBD but shall not interfere with vehicular or pedestrian traffic.
    Outdoor dining area in conjunction with an existing restaurant. To the lot line in CBD 0’ in CBD Generally not permitted; 10’ in CBD over a sidewalk or pedestrian area, but not closer than 5’ from back of curb.
    Patios or decks, provided that decks are not more than 6’ above grade. 15’ 5’ or width of bufferyard, whichever is greater Not permitted.
    Side Yard
    Overhanging eaves and gutters. 2’ 1’ Generally not permitted; 5’ in CBD over a sidewalk or pedestrian area, but not closer than 5’ from back of curb.
    Air conditioning units 6’ if screened from view by a fence, wall, or hedge that is 1’ taller than the unit 2.5’ Not permitted.
    Decks, less than six feet above grade. N/A 3’; 0’ if located adjacent to permanent open space. Not permitted.
    Decks, six feet or more above grade. Generally 6’; 0’ in CBD Generally 2’; 0’ in CBD Not permitted.
    Rear Yard
    Overhanging eaves and gutters 2.5’ 1’ Generally not permitted; 5’ in CBD over a sidewalk or pedestrian area, but not closer than 5’ from back of curb.
    Air conditioning units 6’ if screened from view by a fence, wall, or hedge that is 1’ taller than the unit 5’ Not permitted.
    Decks, less than six feet above grade N/A 10’ Not permitted.
    Decks, six feet or more above grade 15' 5’; 0’ if located adjacent to permanent open space Not permitted.
    Table 3-8.2.1
    Permitted Encroachments
    Structure / ProjectionPermitted Encroachments
    Into Required YardFrom Lot LineInto Right-of-Way
    All Yards
    Awnings without supports that extend to the ground, not less than 8’ above the sidewalk, and no interference with traffic flow. To the lot line. Generally 2’; 0’ in CBD. Generally not permitted; 10’ in CBD over a sidewalk or pedestrian area, but not closer than 5’ from back of curb.
    Steps, 4 feet or less above grade, which are necessary for access to a building, or for access to a lot from a street or alley Permitted as necessary for pedestrian access.. Permitted as necessary for pedestrian access; shall not interfere with vehicular traffic.
    Chimneys 2’ N/A Not permitted.
    Arbors and trellises N/A 5’ Not permitted.
    Flagpoles N/A 5’ Not permitted.
    Ground-supported communication and reception antennae 5’ Not permitted.
    Structures and projections not listed in this Table. 5’ Not permitted.
    Front Yard
    Overhanging eaves and gutters. 2.5’ N/A Generally not permitted; permitted in CBD but shall not interfere with vehicular or pedestrian traffic.
    Outdoor dining area in conjunction with an existing restaurant. To the lot line in CBD 0’ in CBD Generally not permitted; 10’ in CBD over a sidewalk or pedestrian area, but not closer than 5’ from back of curb.
    Patios or decks, provided that decks are not more than 6’ above grade. 15’ 5’ or width of bufferyard, whichever is greater Not permitted.
    Side Yard
    Overhanging eaves and gutters. 2’ 1’ Generally not permitted; 5’ in CBD over a sidewalk or pedestrian area, but not closer than 5’ from back of curb.
    Air conditioning units 6’ if screened from view by a fence, wall, or hedge that is 1’ taller than the unit 2.5’ Not permitted.
    Decks, less than six feet above grade. N/A 3’; 0’ if located adjacent to permanent open space. Not permitted.
    Decks, six feet or more above grade. Generally 6’; 0’ in CBD Generally 2’; 0’ in CBD Not permitted.
    Rear Yard
    Overhanging eaves and gutters 2.5’ 1’ Generally not permitted; 5’ in CBD over a sidewalk or pedestrian area, but not closer than 5’ from back of curb.
    Air conditioning units 6’ if screened from view by a fence, wall, or hedge that is 1’ taller than the unit 5’ Not permitted.
    Decks, less than six feet above grade N/A 10’ Not permitted.
    Decks, six feet or more above grade 15' 5’; 0’ if located adjacent to permanent open space Not permitted.
    Table 3-8.2.1
    Permitted Encroachments
    Structure / ProjectionPermitted Encroachments
    Into Required YardFrom Lot LineInto Right-of-Way
    All Yards
    Awnings without supports that extend to the ground, not less than 8’ above the sidewalk, and no interference with traffic flow. To the lot line. Generally 2’; 0’ in CBD. Generally not permitted; 10’ in CBD over a sidewalk or pedestrian area, but not closer than 5’ from back of curb.
    Steps, 4 feet or less above grade, which are necessary for access to a building, or for access to a lot from a street or alley Permitted as necessary for pedestrian access.. Permitted as necessary for pedestrian access; shall not interfere with vehicular traffic.
    Chimneys 2’ N/A Not permitted.
    Arbors and trellises N/A 5’ Not permitted.
    Flagpoles N/A 5’ Not permitted.
    Ground-supported communication and reception antennae 5’ Not permitted.
    Structures and projections not listed in this Table. 5’ Not permitted.
    Front Yard
    Overhanging eaves and gutters. 2.5’ N/A Generally not permitted; permitted in CBD but shall not interfere with vehicular or pedestrian traffic.
    Outdoor dining area in conjunction with an existing restaurant. To the lot line in CBD 0’ in CBD Generally not permitted; 10’ in CBD over a sidewalk or pedestrian area, but not closer than 5’ from back of curb.
    Patios or decks, provided that decks are not more than 6’ above grade. 15’ 5’ or width of bufferyard, whichever is greater Not permitted.
    Side Yard
    Overhanging eaves and gutters. 2’ 1’ Generally not permitted; 5’ in CBD over a sidewalk or pedestrian area, but not closer than 5’ from back of curb.
    Air conditioning units 6’ if screened from view by a fence, wall, or hedge that is 1’ taller than the unit 2.5’ Not permitted.
    Decks, less than six feet above grade. N/A 3’; 0’ if located adjacent to permanent open space. Not permitted.
    Decks, six feet or more above grade. Generally 6’; 0’ in CBD Generally 2’; 0’ in CBD Not permitted.
    Rear Yard
    Overhanging eaves and gutters 2.5’ 1’ Generally not permitted; 5’ in CBD over a sidewalk or pedestrian area, but not closer than 5’ from back of curb.
    Air conditioning units 6’ if screened from view by a fence, wall, or hedge that is 1’ taller than the unit 5’ Not permitted.
    Decks, less than six feet above grade N/A 10’ Not permitted.
    Decks, six feet or more above grade 15' 5’; 0’ if located adjacent to permanent open space Not permitted.

    Effective on: 1/1/1901

    Sec. 3-8.2.2 Fences, Walls, and Hedges
  • Generally. The requirements of this Section apply to fences, walls, and hedges on nonresidential and multifamily lots or parcels.
  • Heights and Setbacks. Set out in Table 3-8.2.2, Heights and Setbacks for Fences, Walls, and Hedges, is the allowable heights and setbacks for fences, walls, and hedges.
    • Table 3-8.2.2
    Heights and Setbacks for Fences, Walls, and Hedges
    Standard Front Yard Side Yard Street Side Yard Rear Yard1 Abutting RE, RS, RG, RU, NC, or CR districts or a Collector or Arterial Street
    Maximum Height Up to3’, subject to this Section. 6’ 4’ 6’ 10’2
    Minimum Setback 5’ from street and 1’ from sidewalk 0’ 5’ from street and 1’ from sidewalk; 20’ from intersections of street and alley lot lines 0’; 3’ from alley 0’
    Transparency 50% 0% 50% 0% 0%
    TABLE NOTES:
    1 A lower fence height, increased setback, or minimum transparency may be required to assure safe alley passage.
    2 May be required by the Plan Commission as a condition of approval of a sketch plan.
    Table 3-8.2.2
    Heights and Setbacks for Fences, Walls, and Hedges
    Standard Front Yard Side Yard Street Side Yard Rear Yard1 Abutting RE, RS, RG, RU, NC, or CR districts or a Collector or Arterial Street
    Maximum Height Up to3’, subject to this Section. 6’ 4’ 6’ 10’2
    Minimum Setback 5’ from street and 1’ from sidewalk 0’ 5’ from street and 1’ from sidewalk; 20’ from intersections of street and alley lot lines 0’; 3’ from alley 0’
    Transparency 50% 0% 50% 0% 0%
    TABLE NOTES:
    1 A lower fence height, increased setback, or minimum transparency may be required to assure safe alley passage.
    2 May be required by the Plan Commission as a condition of approval of a sketch plan.
    Table 3-8.2.2
    Heights and Setbacks for Fences, Walls, and Hedges
    Standard Front Yard Side Yard Street Side Yard Rear Yard1 Abutting RE, RS, RG, RU, NC, or CR districts or a Collector or Arterial Street
    Maximum Height Up to3’, subject to this Section. 6’ 4’ 6’ 10’2
    Minimum Setback 5’ from street and 1’ from sidewalk 0’ 5’ from street and 1’ from sidewalk; 20’ from intersections of street and alley lot lines 0’; 3’ from alley 0’
    Transparency 50% 0% 50% 0% 0%
    TABLE NOTES:
    1 A lower fence height, increased setback, or minimum transparency may be required to assure safe alley passage.
    2 May be required by the Plan Commission as a condition of approval of a sketch plan.
    Table 3-8.2.2
    Heights and Setbacks for Fences, Walls, and Hedges
    Standard Front Yard Side Yard Street Side Yard Rear Yard1 Abutting RE, RS, RG, RU, NC, or CR districts or a Collector or Arterial Street
    Maximum Height Up to3’, subject to this Section. 6’ 4’ 6’ 10’2
    Minimum Setback 5’ from street and 1’ from sidewalk 0’ 5’ from street and 1’ from sidewalk; 20’ from intersections of street and alley lot lines 0’; 3’ from alley 0’
    Transparency 50% 0% 50% 0% 0%
    TABLE NOTES:
    1 A lower fence height, increased setback, or minimum transparency may be required to assure safe alley passage.
    2 May be required by the Plan Commission as a condition of approval of a sketch plan.
    1. Materials.
      1. Allowed Materials. Materials used for fences and walls shall be durable, and of a character commonly used in commercial applications, including:
        1. Wood, provided that it is:
          1. a weather resistant species;
          2. treated with U.S. Environmental Protection Agency approved preservatives; or
          3. finished (painted or stained and sealed);
        2. Ornamental wrought iron or powder-coated aluminum (except those used for screening purposes);
        3. Masonry (brick, stucco-finished concrete, split face concrete masonry units, or stone), but not unfinished concrete block; or
        4. Combinations of these materials.
      2. Limited Materials.
        1. Chain link fences are permitted only:
          1. In interior side yards and rear yards that are not also street yards; and
          2. In street side yards where a hedge is planted outside of the fence and maintained at the height of the fence.
        2. Chain link fences with slats are permitted only when screening is required.
        3. Barbed wire and razor wire are not permitted outside of AR and IH districts, except where the Planning Commission finds that such measures are necessary to address a demonstrated security need that is specific to the parcel upon which it is proposed.
        4. Electrified, barbed wire, razor wire and fences with spikes, nails, or other comparable sharp points are permitted only in the AR and IH districts.
        5. Welded wire, agricultural fencing, and chicken wire fences are allowed only in the AR and OSR districts on lots where such fences exist on the effective date; or on the inside of split rail fencing in interior side and/or rear yards that are not also street yards, provided that it does not exceed the height of the fence.
      3. Prohibited Materials. The following materials are not allowed as fence or wall components:
        1. scrap lumber;
        2. plywood;
        3. sheet metal; and
        4. plastic or fiberglass sheets.
    2. Fence Required. Fences shall be installed at a minimum height of six feet and a maximum height of eight feet, that obscure the view of the operations and storage areas for the following uses:
      1. Auto dismantling operations;
      2. Auto wrecking yards;
      3. Scrap metal yards;
      4. Waste resource and waste recycling operations;
      5. Salvage and storage yards;
      6. Lumber yards;
      7. Equipment storage yards;
      8. Building material supply yards; and
      9. Uses with similar outside storage.
    3. Operations and Storage within Fenced Areas. All materials and equipment including trucks, trailers, and storage containers, used or stored by the uses must be stored within the fenced area of the property. Such materials and equipment shall not be stored, maintained, or used so as to be above the height of the sight-obscuring fence except as follows:
      1. Mechanical equipment such as cranes, loaders, and crushers, may be of such a height as to be visible beyond the limits of the property; and
      2. Except for equipment designed to move under its own power, all mechanical equipment with a height exceeding that of the sight-obscuring fence shall be located a minimum distance of 40’ from any exterior property line; and
      3. Except for lumber yards and building material supply yards, all of the uses specified in this Section and not conforming to the provisions of this Section shall have one year subsequent to the effective date to comply. In the case of annexation of properties with uses not conforming to the provisions of this Section, the uses shall have one year from the effective date of the annexation to comply.
    4. Tilt and Orientation. See Section 3-8.1.2, Fences, Garden Walls, and Hedges.
    5. Fence and Wall Design. See Section 3-8.1.2, Fences, Garden Walls, and Hedges.
    6. Hedge Maintenance. See Section 3-8.1.2, Fences, Garden Walls, and Hedges.
    7. Relationship to Sight Triangles and Sight Distances. See Section 3-8.1.2, Fences, Garden Walls, and Hedges.

    Effective on: 1/1/1901

    Sec. 3-8.2.3 Satellite Dishes and Antennae
  • Generally. The standards of this Section apply to satellite dishes and antennae that are typically associated with nonresidential uses.
  • TV Antennae, DTV Antennae, Wireless Cable Antennae, and Satellite Dishes.
    1. The location of ground-supported communication and reception antennae shall comply with the setbacks set out in Table 3-8.2.1, Permitted Encroachments.
    2. The following are permitted if they are attached to a building or located within the buildable area of a principal structure. They may not be located in the front yard or on the front wall of the principal structure and may not extend more than 12 feet above the highest peak of the roof (lattice towers are not allowed on roofs):
      1. TV antennae;
      2. DTV antennae;
      3. Wireless cable antennae; and
      4. Satellite dishes that are three feet, four inches or less in diameter.
    3. All cabling must be run internally when feasible, securely attached, and as inconspicuous as practicable.
    4. Masts that are greater than 12 feet above the peak of the roof are permitted if it is demonstrated that:
      1. An adequate signal cannot be obtained at a lower height; and
      2. The mast and antenna are lower than overhead power lines, or set back from overhead power lines such that a collapse of the mast will not result in contact with the lines.
    5. Satellite dishes that are more than three feet, four inches in diameter are permitted if:
      1. They are located on the ground in the rear yard and not visible from ground-level views from public rights-of-way or abutting properties; or
      2. If the dish cannot be located in the rear yard, it is located on the ground within the buildable area on the side of the building and the dish or antenna is fully screened from view from public rights-of-way with:
        1. a masonry wall; and / or
        2. an evergreen hedge or shrub and understory trees; or
        3. The dish:
          1. Is located in an IL (Light Industrial) or IH (Heavy Industrial) district, or in a OSR (Open Space and Recreation) district as part of a satellite farm or broadcasting center;
          2. Is not visible from outside of the district;
          3. Is not visible from any collector or arterial street; and
          4. Is secured by a fence enclosure or rooftop installation.

    • Effective on: 1/1/1901

    Sec.3-8.2.4 Solid Waste Storage and Collection
  • New Development Projects. All new development nonresidential projects shall provide containers for solid waste that are adequate to serve the development. At least one, eight yard container shall be provided per building plot.
  • Source Reduction / Recycling Plan Required. All new development, new occupancies requiring approval, or expansions of buildings or uses where such development or use exceeds 10,000 square feet shall submit a Source Reduction / Recycling Plan for review and approval by the City. The plan shall incorporate provisions for recycling white paper, computer paper, glass, cans, cardboard, polystyrene, paper products, and other recoverable materials.
  • Recycling Access. New development projects shall include a recycling area or areas that meet the following standards:
    1. Bins or containers placed in recycling areas shall be provided with lids, roofs, or other protective means against adverse environmental conditions such as rain, which might render the recyclable materials unusable;
    2. Areas shall be sufficient in capacity, size, number, and distribution to serve the development, or, for multiple commercial or residential tenant or user situations, that portion of the development project used by the tenant or user seeking approval or a permit;
    3. Areas shall be adjacent to the solid waste collection areas:
    4. Areas shall provide a separated pedestrian access gate; and
    5. Areas shall be within 25 feet of a hose bib.
  • Standards.
    1. The facilities shall be located no more than 200 feet (walking distance) from the individual uses that they are intended to serve;
    2. Access to the facilities shall be configured to meet the requirements of the refuse hauler, access shall be provided from the alley if an alley is present and used for service to other properties;
    3. The areas where dumpsters are stored shall be fully enclosed by an opaque wall constructed of brick, stone, or stucco-finished concrete block, to a height of eight feet;
    4. As displayed in Figure 3-8.2.4, Example of Trash/Recycling Enclosure, the enclosures shall:
      1. Have opaque metal service gates which remain closed at all times except when the dumpster is being serviced;
      2. Include separate, opaque metal pedestrian access gates or a pedestrian access opening that screens the dumpster from view;
      3. Be large enough to accommodate:
        1. One or more dumpsters that are sufficient size to serve the development, based on the frequency of solid waste collection; and
        2. One or more recycling bins (whether provided at the time of development or not), based on the anticipated generation of recyclable materials and the frequency of collection.
      4. Meet City engineering design standards, including those that pertain to maneuvering space.
    • Figure 3-8.2.4 Example of Trash/Recycling Enclosure
    1. The facilities shall be located in a side or rear yard of the parcel proposed for development, unless it is not possible to provide service access in such locations;
    2. If an enclosure must be located in a front yard to meet the requirements of the refuse service provider, it shall be designed and constructed with the same cladding materials used for the principal building walls; and
    3. Unless such a location would cause the facilities to fail to comply with other standards in this Section, the facilities shall be spaced at least 35 feet from residential lot lines.

    Effective on: 1/1/1901

    Sec. 3-8.2.5 Accessory Buildings and Structures
  • Timing of Construction. No accessory building or structure shall be constructed unless the principal building is constructed or under construction simultaneously with the accessory building.
  • Attached Accessory Buildings or Structures. Accessory buildings or structures that are structurally attached to a principal building shall conform to all standards that are applicable to principal buildings.
  • Storage Buildings. Storage buildings are permitted as accessory structures on nonresidential sites if the Director finds that:
    1. The cumulative floor area of storage and utility buildings does not exceed 25 percent of the gross floor area of the principal building.
    2. They are located behind the principal building(s) and at least 150 feet from street rights-of-way.
    3. They are completely screened from view from adjacent properties and public rights of way by buildings, fences, walls, or hedges.
    4. They will not include converted semi-trailers, manufactured homes, modular shipping containers, dumpsters, or similar structures or equipment used for storage. These are permitted in the IH district subject to all regulations of this Section.
    5. If they are larger than 200 square feet, they are located within the building envelope.
    6. If they are 200 square feet or less, they are situated behind the principal building and set back at least 10 feet from all side and rear property lines.
  • Other Detached Accessory Buildings or Structures.
    1. Footprint. In the CR (Commercial Re-Use), CG (General Commercial), CBD (Central Business District), AC (Activity Center), and DS (Destination / Select Use) districts, no detached accessory building or buildings shall cover an area that is larger than 25 percent of the gross floor area of the principal building.
    2. Exemption for Certain Districts. In the CA, IL, IH, and AR districts, accessory buildings are not subject to a specific maximum footprint. However:
      1. If they are larger than 200 square feet, they shall be located within the building envelope; or
      2. If they are 200 square feet or less, they shall be situated behind the principal building and set back at least 10 feet from all side and rear property lines.
    3. Location and Setbacks: No detached accessory building shall be located in a required front yard.
    4. Easements. Accessory structures shall not be located in an easement unless express written permission has been granted by all easement grantees. A copy of such written permission shall be submitted to the City prior to the issuance of permits for such structures.
    5. Building Separation. No detached accessory building or structure shall be located closer than six feet to any other building.
    6. Height. No detached accessory building shall be more than one story nor exceed 17 feet in height, unless located within the building envelope and permitted as an accessory to business or manufacturing uses.

    • Effective on: 1/1/1901

    Sec. 3-8.2.6 Outdoor Display of Merchandise
  • Generally. This Section sets out the standards that are applicable to permanent or seasonal (longer than 30 days) outdoor merchandise display areas.
  • Display Areas Attached to Principal Buildings. Outdoor display areas that are attached to a principal building are permitted if it is demonstrated that the display areas are:
    1. Adjacent to a wall of a principal structure, and configured as a walled or decoratively fenced area;
    2. Within the buildable area of the parcel proposed for development;
    3. Not located in areas that are required or used for parking or vehicular circulation; and
    4. Not larger than the area set out in Table 3-8.2.6, Area of Outdoor Display of Merchandise.
    • Table 3-8.2.6
    Area of Outdoor Display of Merchandise
    UseMaximum Outdoor Display Area
    Commercial Retail 15% of gross floor area of the principal building
    Heavy Retail – Home Centers, Warehouse Clubs, and Superstores 33% of gross floor area of the principal building
    Heavy Retail – All Others 50% of lot area
    Nurseries and Greenhouses Area within the building envelope
    1. Sidewalk Displays. Displays are permitted on sidewalks that abut the principal building if it is demonstrated that:
      1. Merchandise is displayed to a height of eight feet or less;
      2. There is at least five feet of clear width on the sidewalk for use by pedestrian traffic;
      3. All sidewalk merchandise displays are within 40’ of an entrance to the principal use, or located in the area defined by the forward projection of the side walls of the use, whichever is a smaller display area; and
      4. The sidewalk is not within a public right-of-way, or the sidewalk is located within the CBD or AC district and the location of the display is approved by a revocable license agreement.
    2. Passenger Motor Vehicle Sales or Rental and Heavy Vehicle, Watercraft, or Aircraft Sales or Rental. Where outdoor display of vehicles or construction / heavy equipment is allowed and provided, vehicles and equipment may only be displayed on paved areas of the parcel proposed for development. Such merchandise shall not occupy or obstruct required parking spaces.
    3. Other Displays. Heavy retail (except home centers, warehouse clubs, and superstores), nurseries, and greenhouses, may display merchandise outside within the building envelope of the lot. Display areas shall be indicated on the site plan, shall not interfere with parking and vehicular circulation areas, and shall not occupy landscape areas that are used to meet landscaping requirements.

    Effective on: 1/1/1901

    Sec. 3-8.2.7 Height Exceptions
    The height limitations of this Unified Development Ordinance shall not apply to the following, except in the Airport Compatibility (AC) district: belfries, chimneys, church spires, conveyors, cooling towers, cupolas, domes, elevator bulkheads, fire towers, flag poles, ornamental towers and spires, public monuments, public utility poles, silos, skylights, smoke stacks, and stage towers or scenery lofts. Such features shall be erected only to such height as is necessary to accomplish the purpose they are intended to serve. No height extension shall serve as a place for human habitation.

    Effective on: 1/1/1901

    Sec. 3-8.3.1 Single Family Attached and Multiplex Building Standards
    It is the intent of design standards to cause development to be compatible with the existing built environment.  Good design ensures neighborhood compatibility by appropriate scale and massing adjacent to existing houses.  The provisions of this section shall apply to all duplex, triplex, quadraplex, and townhouse developments throughout the City.  These standards shall supersede existing regulations elsewhere in the Unified Development Ordinance when in conflict with this section.  In all cases, compatibility with the neighborhood shall govern. The provisions of this section shall apply to all new duplex, triplex, quadraplex, and townhouse construction and; additions or alterations to an existing duplex, triplex, quadraplex, or townhouse, totaling 25 percent or more of the gross floor area of the existing building. Interior improvements that do not affect the footprint or façade of the building are excluded.  Only the portions of the building or site being altered or added to shall be required to integrate design standards into the design of the alteration or addition.  The provisions of this section shall apply to all use conversions to duplex, triplex, quadraplex, and townhouse where conditionally permitted. 

    In order to provide flexibility and creativity of project designs and to promote development that is more compatible with the existing built environment, departures from these standards may be permitted subject to the approval of the Director of Planning, Research, and Development. In making this determination the director shall find that the departure creates a project design that meets or exceeds the overall purpose and intent of the design standards and replicates the design features existing within the surrounding area.  The Director may require such plans as necessary to render such a decision. The applicant may request to have their request for departure from these standards reviewed by the Planning Commission. In such cases, the Director shall determine whether the application is sufficient and therefore complete. In the event the Director makes the determination that the application is incomplete; the applicant may request that the Chairman of the Planning Commission review the application for sufficiency and completeness. In those cases, the decision of the Planning Commission Chairman shall govern.  In all cases the Director may, at his discretion, refer the request from departure from these standards to the Planning Commission for review and approval.

    The following design standards are intended to implement the City’s vision for housing as set forth in the Comprehensive Plan.

    1. Duplex.
      1. Generally. A duplex is a structure that contains two dwelling units constructed on a single lot.
      2. Site Standards. See Section 1-2.8.2, Residential and Commercial Use of the Home Standards.
        1. Duplexes that have vehicular access from the street may provide a separate hard surface driveway for each unit, each of which shall be no more than 20 feet wide, or may provide a shared hard surface driveway for both units that is no greater than 27 feet wide for both units.
        2. Parking shall only be allowed in designated areas, which may be inclusive of the driveways.
        3. Landscaping shall be provided in a manner that protects the single family character of the surrounding area. For the purposes of this Section, the term “surrounding area” is defined as the area within the shorter distance of the block or 500 feet in each direction on the same side of the street, as measured from the corners of the front property line and including properties that are, in whole or in part, within the aforementioned distance.
        4. The schedule of lot requirements follow that of Table 2-4.1.3, Lot and Building Standards by Housing Type.
      3. Building Development Standards.
        1. Front-facing garage doors shall not be greater than 16 feet wide and shall be separated by at least 18 inches.  Garages accessed from an alley or if oriented perpendicular to the street are exempt from these width and separation requirements.
        2. Primary entrance(s) into the building shall be oriented to a street.  Duplexes may share a primary building entrance with interior access to each unit.
        3. Primary building entrances shall be separated by at least three feet.
        4. Primary entrance(s) shall be sheltered by a covered front porch.
        5. The roof of the covered porch shall be attached to and compatible with the architecture of the building.
        6. Each entry door shall be lit by an external light fixture securely affixed to the building.
        7. The architecture of the buildings shall include features that are repetitive or similar to the architectural features of the existing buildings of the surrounding area.
        8. Building facades, herein defined as the street front face of the building, shall be articulated for the purpose of creating visual interest. The following are examples of features that may be used to accomplish the required articulation:
          1. Building offsets;
          2. Interesting fenestration and roof lines; and/or
          3. Front porches to encourage “eyes on the street.”
        9. If more than 50 percent of the existing principal structures in the surrounding area have an elevated first floor, then the first floor of the duplex shall be elevated above the finished grade across the front building line to an average of the principal structures in the surrounding area. Provided, however, in no event shall the first floor be elevated less than eight inches. The foundation shall be skirted with brick, split-faced block, rock or a like material, or stucco or a similarly applied cementuous treatment.
        10. Windows shall be incorporated into the front façade and shall be accented with shutters, awnings, or decorative framing, or shall be articulated with an offset of at least four inches. At least 20 percent of the vertical planes of the front façade shall be composed of doors and windows which shall include associated shutters, and decorative framing. Where the front façade includes a garage door, at least 10 percent of the vertical planes shall be composed of doors and windows as described above.
        11. The front façade shall incorporate wall finish materials that are compatible, in all cases, with the surrounding area. It is recommended that one or more of the following wall finish materials be used:
          1. cementous siding (e.g. hardi-plank, permastone, etc.);
          2. brick;
          3. external woods (pressure treated);
          4. stucco;
          5. vinyl; or
          6. another material as may become available
        12. Roofing materials shall be constructed of the following; provided, however, that if the existing principal structures in the surrounding area have alternate roofing materials, then the alternate roofing materials may be used:
          1. architectural shingles;
          2. three-tab flat shingles;
          3. concrete tile;
          4. slate; or
          5. building integrated photovoltaics.
      4. Sidewalks.
        1. Sidewalks that are fully compliant with standards set out in the current regulations of the Americans with Disabilities Act (ADA) and current requirements of SCDOT, shall be provided along the front property line of each building where at least 40 percent of the surrounding area has front sidewalks or either adjacent lot has a sidewalk.
        2. A sidewalk shall connect the primary building entrance to the driveway, street front sidewalk, or rear parking area.
    2. Tri-plex and Quadraplex. The principle design for a tri-plex and quadraplex is a single family detached dwelling. For the purposes of these regulations, a tri-plex is a building that contains three separate dwelling units that share a primary front building entrance. A quadraplex is a building that contains four separate dwelling units that share a primary front building entrance. Alternate entrances to each unit may be located on the side or rear of the building. These standards for triplexes and quadraplexes shall only apply for infill developments. For the purposes of this Section, infill development shall be defined as development on lots containing less than two acres and not fronting a private street or existing parking lot. However, in cases where lots are in excess of two acres, the Director shall only approve development applications if, in his determination, the development maintains the character of the surrounding area.
      1. Site Standards. See Section 1-2.8.2, Residential and Commercial Use of the Home Standards.
      2. Building and Development Standards.
        1. Front facing garage doors shall not be greater than 16 feet wide and shall be separated by at least 18 inches.  Garages accessed from an alley or oriented perpendicular to the street are exempt from these width and dimensional requirements.
        2. The primary entrance into the building shall be oriented to face a street.
        3. A garage, including the frame, shall not be greater than 50 percent of the horizontal plane of the front building façade.
        4. If more than 50 percent of the existing principal structures in the surrounding area have an elevated first floor, then the first floor of the triplex or quadraplex shall be elevated above the finished grade across the front building line to an average of the principal structures in the surrounding areas. Provided, however, in no event shall the first floor be elevated less than eight  inches. The foundation shall be skirted with brick, split-faced block, rock or a like material, or stucco or a similarly applied cementuous treatment.
        5. Windows shall be incorporated into the front façade and shall be accented with shutters, awnings, or decorative framing, or shall be articulated with an offset of at least four inches. At least 20 percent of the vertical planes of the front façade shall be composed of doors and windows, which shall include associated shutters and decorative framing. Where the front façade includes a garage door, at least 10 percent of the vertical planes shall be composed of doors and windows as described above.
        6. The front façade shall incorporate wall finish materials that are compatible, in all cases, with the surrounding area. It is recommended that one or more of the following wall finish materials be used:
          1. cementous siding (e.g. hardi-plank or permastone);
          2. brick;
          3. external woods (pressure treated);
          4. stucco;
          5. vinyl; or
          6. another material as may become available, if approved by the Planning Commission (see footnote two).
        7. Roofing materials shall be constructed of the following; provided, however, that if the existing principal structures in the surrounding area have alternate roofing materials, then the alternate roofing materials may be used:
          1. architectural shingles;
          2. three-tab flat shingles;
          3. concrete tile;
          4. slate; or
          5. building integrated photovoltaics.
      3. Sidewalks
        1. Sidewalks, fully compliant with the standards set our in the current regulations of the Americans with Disabilities Act (ADA) and current requirements of SCDOT, shall be provided along the front property line of each project where at least 40 percent of the surrounding area has front sidewalks or either adjacent lot has a sidewalk.
        2. A sidewalk shall connect the primary building entrance to the driveway, street front sidewalk, or rear parking area.
    3. Townhouse. Townhouse design is a single-family attached dwelling unit in a building containing two or more units, contiguous to each other only by the sharing of one common bearing wall; such buildings are of the townhouse or row house type as contrasted to multiple dwelling apartment structures.. All townhouses in the City must comply with the requirements of this Code, unless altered by the applicable provisions set out below. No single building shall contain more than eight units, and each unit shall have separate and individual front and rear entrances. These standards for townhouses shall only apply for infill developments. For the purposes of this Section, infill development shall be defined as development on lots less than two acres and not fronting on a private street or existing parking lot. However, in cases where lots are in excess of two acres, the Director shall only approve development applications if, in his determination, the development maintains the character of the surrounding area.
      1. Site Standards. See Section 1-2.8.2, Residential and Commercial Use of the Home Standards.
      2. Building Design Standards.
        1. Building Development Standards:
          1. Built-in first floor garages for each unit shall not be greater than 12 feet wide and shall be separated by at least 18 inches.  Garages accessed from an alley are exempt from these width and dimensional requirements.
          2. The primary entrance into the building shall be oriented to face a street.
          3. All primary entrances shall be sheltered by a covered front porch.
          4. Primary unit entrances shall be separated by at least three feet.
          5. Each unit door shall be lit by an external light fixture securely affixed to the building.
          6. Parking shall only be allowed in designated areas, which may be inclusive of the driveways.
          7. A continuous landscape screen that is a minimum height of three feet at the time of planting, or approved fencing, shall be required along the perimeter of the parking area or that area that is affected by parking when adjoining existing residential uses or a publicly maintained street.
          8. Windows shall be incorporated into the front façade and shall be accented with shutters, awnings, or decorative framing, or shall be articulated with an offset of at least four inches.  At least 20 percent of the vertical planes of the front façade shall be composed of doors and windows, which shall include the associated shutters and decorative framing.  Where the front façade includes a garage door, at least 10 percent of the vertical planes shall be composed of doors and windows as described above.
          9. The front façade shall incorporate wall finish materials that are, in all cases, compatible with the surrounding area. It is recommended that one or more of the following wall finish materials be used:
            1. cementuous siding (e.g. hardi-plank or permastone);
            2. brick;
            3. external woods (pressure treated);
            4. stucco;
            5. vinyl; or
            6. another material as may become available, if approved by the Planning Commission.
        2. Sidewalks
          1. A sidewalk, fully compliant with the standards set our in the current regulations of the Americans with Disabilities Act (ADA) and current requirements of the SCDOT, shall connect the primary building entrance to the driveway, street front sidewalk, or rear parking area.

    Footnotes

    1 The term surrounding area is defined as the area within the shorter distance of the block or five hundred (500) feet in each direction on the same side of the street, as measured from the corners of the front property line and including properties that are whole or in part within the aforementioned distance.

    2  Other material as may become available must be approved by the Planning Commission.

    Effective on: 1/1/1901

    Sec. 3-8.3.2 Fueling Stations, Light Automobile Service, and Car Wash Building Standards
  • Generally. Fueling stations, light automobile service, and car wash buildings shall be designed in accordance with the standards of this Section.
  • Bay orientation. All bays shall be oriented away from any residential district or use.
  • Building Materials. On any site that abuts a residential district or use:
    1. No materials on the exterior wall of the building or canopy may be made of, or appear to be made of, painted metal, vinyl, or plastic; and
    2. Colors of the exterior walls of buildings and canopies shall be integral to the building materials and may not be painted. Metal that is found to be "decorative" and weather-resistant by the Director may be permitted. 

    • Effective on: 1/1/1901

    Sec. 3-8.3.3 Sexually Oriented Business Building Standards
  • Exterior Walls. It shall be unlawful for the owner or operator of a sexually oriented business to allow exterior portions of the sexually oriented business to be painted any color other than shades of brown, beige, tan, or grey. Substitutes may be proposed by the owner or operator, which may be accepted by the City upon a determination that such substitute color is compatible with and similar to other neighboring buildings’ colors; provided however, the use of high intensity colors, primary colors, metallic colors, black or fluorescent colors is prohibited. This provision shall not apply to any sexually oriented business if the following conditions are met:
    1. The sexually oriented business is a part of a multi-unit center; and
    2. The exterior portions of each individual unit in the multi-unit center, including the exterior portions of the sexually oriented business, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the center.
  • Displays on Buildings. No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the exterior of the building. 

    • Effective on: 1/1/1901

    Sec. 3-8.3.4 Self-Storage Building Standards
  • Utilities. Storage units shall not have separate sewer, water, or electrical services except for needed lighting purposes.
  • Uniform Design. The facility, including the caretakers/managers residence, storage units, and office shall be designed using roof and building materials and colors that are compatible with adjacent developments within a distance of 300 feet.
  • Lighting. All wall-mounted lights shall be located on the building below the roofline of the storage facility and shall be directed downward. Freestanding lighting shall not exceed 16 feet in height, and shall be setback a minimum of 50 feet from the property line adjacent to residential districts and uses.
  • Cladding.
    1. Cladding Color. Colors of cladding on the front, side, and street side facades shall be integral to the cladding.
    2. Cladding Materials. Cladding materials for the front, side, and street side facades shall be limited to:
      1. Masonry (including brick and split-face concrete blocks);
      2. Stucco;
      3. Cementous siding; and/or
      4. Combinations of these materials; or
      5. Other similar materials approved by the Plan Commission.
    3. Prohibited Cladding Materials. The following materials are prohibited materials on the front, side, and street side facades:
      1. Metal;
      2. Vinyl;
      3. Smooth concrete block (painted and unpainted); and
      4. Plastic.

    • Effective on: 1/1/1901