Zoneomics Logo
search icon

Florence City Zoning Code

PART 4

Site Design and Development

Division 4-16.1 Special Site Development Standards

The provisions of this Article complement the standards and requirements set out in Part 3, Buildings and Structures, particularly those included in Division 3-8.3, Special Building Standards.

Sec. 4-9.1.1 Purpose
  • Purpose. The purpose of this Article is to ensure that:
    1. Adequate off-street parking is provided for uses that are permitted by this Unified Development Ordinance;
    2. Sufficient parking is provided in nonresidential areas that are near residential neighborhoods, so that the character and quality of life in the residential neighborhoods are protected from overflow parking;
    3. The sharing of off-street parking spaces among uses that have different peak parking demands allows for a reduction in the number of parking spaces that are required to serve mixed-use development;
    4. Adequate loading areas and (where appropriate) stacking areas are provided that do not interfere with the function of other vehicular use areas; and
    5. Vehicular use areas and sites are designed to maintain the function and safety of the adjacent street(s).
  • Additional Purposes. In addition to parking requirements that provide for convenience, neighborhood protection, and mobility, this Article provides ways to reduce the number of parking spaces that are required for development in order to promote the efficient use of land and reduce the expanse of paved areas.
  • Effective on: 1/1/1901

    Sec. 4-9.1.2 Applicability
  • Applicability.
    1. All new development shall provide the quantity of parking spaces required by Division 4-9.2, Required Parking and Loading, and shall comply with all other provisions of this Article.
    2. Whenever a building or use constructed or established after the effective date of this Code is changed or enlarged in floor area, number of dwelling units, seating capacity, or otherwise creates a need for an increase of 10 percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.
    3. Off-street parking areas provided to comply with the provisions of this Division shall not be reduced below the requirements set out in Division 4-9.2, Required Parking and Loading except in conformance with Section 4-9.2.5, Credits and Reductions for Alternative Parking.
    4. Major redevelopment of existing sites shall provide the quantity of parking spaces required by Division 4-9.2, Required Parking and Loading, as follows:
      1. Proposed redevelopment that abuts or is adjacent to a collector or arterial street shall demonstrate the capacity of the site to accommodate the total required quantity of parking spaces for the parking floor area of the existing and/or proposed use(s). As applicable, credits may be available for off-site or shared parking or a reduction may be warranted by a parking study, as set out in Section 4-9.2.5, Credits and Reductions for Alternative Parking.
      2. Proposed redevelopment that does not abut nor is adjacent to a collector or arterial street shall demonstrate the means for accommodating either on-site or off-site (see Section 4-9.2.5.D, Off-Site Parking) the total required quantity of parking spaces for the parking floor area of the existing and/or proposed uses(s).
    5. Minor redevelopment of existing sites shall provide the quantity of parking spaces required by Division 4-9.2, Required Parking and Loading to the extent of the new demand created by the redevelopment.
  • Timing of Compliance. No certificate of occupancy shall be issued unless and until off-street vehicular parking is provided in accordance with this Article.
  • Uses Not Listed. The Director shall determine the parking requirements for uses that are not listed in Division 4-9.2, Required Parking and Loading based on:
    1. The determination as to whether the use is either a subcategory of or functionally similar to a permitted, conditional, or permitted special exception use, as set out in Section 1-2.7.8, Unlisted and Functionally Similar Uses; or
    2. Parking studies of similar uses that are provided by the applicant, certified by a registered professional engineer, and approved by the Director (See Section 4-9.2.4, Special Studies); or
    3. As forwarded by the Director to and determined by the Planning Commission.
  • Effective on: 1/15/2018

    Sec. 4-9.2.1 Calculations and Special Provisions
  • Generally. The standards of this Section set out the means for calculating the minimum number of parking spaces that are required for each land use that is listed in the following:
    1. Table 4-9.2.2A, Parking for Residential and Commercial Uses of the Home;
    2. Table 4-9.2.2B, Parking for Institutional, Recreation, and Amusement Uses;
    3. Table 4-9.2.2C, Parking for Commercial Uses;
    4. Table 4-9.2.2D, Parking for Industrial, Logistics, and Storage Uses;
    5. Table 4-9.2.2E, Parking for Communications, Utility, and Transportation Uses; and
    6. Table 4-9.2.2F, Parking for Agricultural Uses.
  • Minimum vs. Maximum Parking. The standards for required parking set out in this Division are the minimum quantity of parking spaces that are required for each of the listed uses. The total number of parking spaces shall not  exceed 125 percent of the minimum required quantity of parking spaces unless the applicant:
    1. Justifies in writing the purposes and reasons for exceeding the minimum required parking spaces, citing industry standards and/or special studies for this or similar uses;
    2. States in writing whether the area of impervious surface (including parking and drive aisle spaces) that exceeds the minimum parking requirements may be deferred for construction at a later date, as warranted, and remain in the near term as landscape surface area. If so, this area does not count toward the required landscape surface area as set out in Table 2-6.1.1, Nonresidential and Mixed Use Lot and Building Standards. If not, the statement shall justify the reasons why the additional parking may not be deferred.
    3. Demonstrates the site design techniques that will be employed to mitigate the impacts of the increased impervious surface area including storm water runoff and the heat island effect.
    4. Increases the amount of landscape surface area above that required by Table 2-6.1.1, Nonresidential and Mixed Use Lot and Building Standards for an area that is at least 50 percent of the area of impervious surface (including parking and drive aisle spaces) that exceeds the minimum parking requirements. Such landscape surface area shall be landscaped as set out in Article 10, Landscaping and Buffering.
  • Calculations. The number of required parking spaces is calculated according to the formulas set out in this Division, and then adjusted according to the standards of Section 4-9.2.5, Credits and Reductions for Alternative Parking, if applicable.
  • Rounding. If the final calculated number of required parking spaces includes a fractional space, the number of required parking spaces is rounded up to the nearest whole number, regardless of the fraction.
  • Abbreviations. The abbreviations in the tables are as follows:
    1. Acre - AC
    2. Bedroom – BR
    3. Dwelling Unit – DU
    4. Recreational Vehicle - RV
    5. Square Feet - SF
  • Special Parking Provisions.
    1. Recreational Vehicles.
      1. Private Lots in Residential Districts. In residential districts, no recreational vehicle, ATV, or boat that is longer than 17 feet (not including the trailer on which the boat is mounted) shall be parked or stored in any required front or side yard setback area, nor within five feet of the rear property line; except that:
        1. Outside of Manufactured Home Parks:
          1. Recreational vehicles may be parked anywhere on a residential lot for a period not to exceed 24 hours, for loading or unloading purposes; and
          2. Recreational vehicles may be used for temporary lodging for not more than seven days.
        2. In Manufactured Home Parks and Manufactured Home Subdivisions. Recreational vehicles may be parked in spaces that are designated for temporary use, as described in 1(b) above, or unoccupied storage by recreational vehicles on the site plan or plat.
      2. Common Storage Areas in Residential Districts. Residential development may include a common area for the storage of recreational vehicles and boats, provided that:
        1. The storage area is surrounded by a Type B bufferyard; and
        2. Use of the storage area is limited to recreational vehicles and boats that are owned by the residents of the development.
      3. Nonresidential Districts. Overnight parking of recreational vehicles, ATVs, or boats is prohibited other than for those uses that sell, lease, or service such vehicles., provided that:
        1. These vehicles do not occupy or reduce the number of required parking spaces on the premises; and
        2. Any connection of a recreational vehicle to utilities, including, but not limited to, water, sewer, and/or electricity, is prohibited, except:
          1. To perform routine maintenance or repairs for a period not to exceed three days; or
          2. Electricity may be connected to recreational vehicles that are displayed for-sale or for-rent at a use for which they are permitted.
    2. Inoperable Vehicles and Construction Equipment. No automobile, truck, or trailer of any kind, without current license plates, shall be parked and construction equipment shall not be stored on any lot in a residential zoning district, other than in a completely enclosed building, or physically removed from public view.
    3. Commercial Vehicles. Generally, commercial vehicles shall not be parked overnight on residential property unless they are located within carports or garage enclosures. However, one commercial vehicle is allowed in a driveway, provided that it is a van (with or without equipment racks), pickup truck (with or without equipment racks, and including 6-wheeled pickup trucks), or flatbed truck with a capacity that is no greater than two tons. Vehicles with a capacity that is greater than two tons are prohibited in all residential zoning districts.
    4. Trailers.
      1. Commercial trailer storage is prohibited in residential districts.
      2. Commercial trailer storage is restricted in nonresidential districts to areas that are designated on an approved site plan and which do not occupy or reduce the number of required parking spaces on the premises.
      3. Residential trailers shall not be parked or stored in any required front, side, or street side yard, nor within five feet of the rear property line.
    5. Transportation Uses.
      1. Parking and loading requirements for transit centers or hubs shall be determined by a parking study.
      2. Parking and loading for other transportation uses, where the Director has determined that the use will not create a parking demand, are exempt these parking requirements.
      3. Cellular communication towers shall provide on- site parking for one service vehicle, which may be a natural or crushed rock surface.
  • Effective on: 1/1/1901

    Sec. 4-9.2.2 Required Parking and Loading by Land Use Type
    Set out in Table 4-9.2.2A, Parking for Residential and Commercial Uses of the Home, is the parking and loading requirements for residential and commercial uses of the home where they are permitted as set out in Division 1-2.7, Land Uses.

    Table 4-9.2.2A
    Parking for Residential and Commercial Uses of the Home
    UseParking and Loading
    Required Parking SpacesRequired Loading Spaces
    Residential Uses
    Accessory Dwelling UnitSee Section 1-2.10.1, Residential Accessory UsesN/A
    Cottage2 spaces per DU+ 1 guest space per 4 DUsN/A
    Duplex2 spaces / DUN/A
    Live-Work Units23 spaces per DUN/A
    Lot Line Home2 spaces / DUN/A
    Manufactured Home1Subdivision: 2 spaces per DU Park: 2 spaces per DU, plus 1 guest space per 4 DUsN/A
    MultifamilyStudio / 1 BR units: 1 space per DU;2+ BR units: 1.2 spaces per BR; and All: 1 guest space per 4 DUs1 space per 20 dwelling units in a vertically mixed-use building; not required in other configurations
    Multiplex (triplex or quadraplex)
    Patio Home2 spaces / DUN/A
    Single-Family Detached2 spaces / DUN/A
    Townhome2 spaces / DUN/A
    Commercial Uses of the Home
    Bed and Breakfast Inn1 space per BR (including those used by residents and guests; additional spaces for the du. are not required)N/A
    Child Care Services2 spaces per du., plus one additional spaceN/A
    Group Home2 spaces per DU, plus two additional spacesN/A
    Home Occupation2 spaces per DU, plus one additional spaceN/A
    1 Permitted only in a manufactured home park or manufactured home subdivision.
    2 Parking is exempted in the Central Business District (CBD)
    Table 4-9.2.2A
    Parking for Residential and Commercial Uses of the Home
    UseParking and Loading
    Required Parking SpacesRequired Loading Spaces
    Residential Uses
    Accessory Dwelling UnitSee Section 1-2.10.1, Residential Accessory UsesN/A
    Cottage2 spaces per DU+ 1 guest space per 4 DUsN/A
    Duplex2 spaces / DUN/A
    Live-Work Units23 spaces per DUN/A
    Lot Line Home2 spaces / DUN/A
    Manufactured Home1Subdivision: 2 spaces per DU Park: 2 spaces per DU, plus 1 guest space per 4 DUsN/A
    MultifamilyStudio / 1 BR units: 1 space per DU;2+ BR units: 1.2 spaces per BR; and All: 1 guest space per 4 DUs1 space per 20 dwelling units in a vertically mixed-use building; not required in other configurations
    Multiplex (triplex or quadraplex)
    Patio Home2 spaces / DUN/A
    Single-Family Detached2 spaces / DUN/A
    Townhome2 spaces / DUN/A
    Commercial Uses of the Home
    Bed and Breakfast Inn1 space per BR (including those used by residents and guests; additional spaces for the du. are not required)N/A
    Child Care Services2 spaces per du., plus one additional spaceN/A
    Group Home2 spaces per DU, plus two additional spacesN/A
    Home Occupation2 spaces per DU, plus one additional spaceN/A
    1 Permitted only in a manufactured home park or manufactured home subdivision.
    2 Parking is exempted in the Central Business District (CBD)
    Table 4-9.2.2A
    Parking for Residential and Commercial Uses of the Home
    UseParking and Loading
    Required Parking SpacesRequired Loading Spaces
    Residential Uses
    Accessory Dwelling UnitSee Section 1-2.10.1, Residential Accessory UsesN/A
    Cottage2 spaces per DU+ 1 guest space per 4 DUsN/A
    Duplex2 spaces / DUN/A
    Live-Work Units23 spaces per DUN/A
    Lot Line Home2 spaces / DUN/A
    Manufactured Home1Subdivision: 2 spaces per DU Park: 2 spaces per DU, plus 1 guest space per 4 DUsN/A
    MultifamilyStudio / 1 BR units: 1 space per DU;2+ BR units: 1.2 spaces per BR; and All: 1 guest space per 4 DUs1 space per 20 dwelling units in a vertically mixed-use building; not required in other configurations
    Multiplex (triplex or quadraplex)
    Patio Home2 spaces / DUN/A
    Single-Family Detached2 spaces / DUN/A
    Townhome2 spaces / DUN/A
    Commercial Uses of the Home
    Bed and Breakfast Inn1 space per BR (including those used by residents and guests; additional spaces for the du. are not required)N/A
    Child Care Services2 spaces per du., plus one additional spaceN/A
    Group Home2 spaces per DU, plus two additional spacesN/A
    Home Occupation2 spaces per DU, plus one additional spaceN/A
    1 Permitted only in a manufactured home park or manufactured home subdivision.
    2 Parking is exempted in the Central Business District (CBD)
    Table 4-9.2.2A
    Parking for Residential and Commercial Uses of the Home
    UseParking and Loading
    Required Parking SpacesRequired Loading Spaces
    Residential Uses
    Accessory Dwelling UnitSee Section 1-2.10.1, Residential Accessory UsesN/A
    Cottage2 spaces per DU+ 1 guest space per 4 DUsN/A
    Duplex2 spaces / DUN/A
    Live-Work Units23 spaces per DUN/A
    Lot Line Home2 spaces / DUN/A
    Manufactured Home1Subdivision: 2 spaces per DU Park: 2 spaces per DU, plus 1 guest space per 4 DUsN/A
    MultifamilyStudio / 1 BR units: 1 space per DU;2+ BR units: 1.2 spaces per BR; and All: 1 guest space per 4 DUs1 space per 20 dwelling units in a vertically mixed-use building; not required in other configurations
    Multiplex (triplex or quadraplex)
    Patio Home2 spaces / DUN/A
    Single-Family Detached2 spaces / DUN/A
    Townhome2 spaces / DUN/A
    Commercial Uses of the Home
    Bed and Breakfast Inn1 space per BR (including those used by residents and guests; additional spaces for the du. are not required)N/A
    Child Care Services2 spaces per du., plus one additional spaceN/A
    Group Home2 spaces per DU, plus two additional spacesN/A
    Home Occupation2 spaces per DU, plus one additional spaceN/A
    1 Permitted only in a manufactured home park or manufactured home subdivision.
    2 Parking is exempted in the Central Business District (CBD)

    Set out in Table 4-9.2.2B, Parking for Institutional, Recreation, and Amusement Uses, is the parking and loading requirements for institutional, recreation, and amusement uses where they are permitted as set out in Division 1-2.7, Land Uses.

    Table 4-9.2.2B
    Parking for Institutional, Recreation, and Amusement Uses
    UseStandard Development
    Required Parking SpacesRequired Loading Spaces
    Institutional Uses
    Assisted Living / Congregate Care Facilities1 space per DU, plus 1 space per 3 beds in shared living facilities1 space per building with a floor area of 50,000 SF or greater
    College / University / Vo-Tech1 space per 200 sf. of floor area (except auditoriums, theaters, gymnasiums, and stadiums), plus 1/3 space per person times the capacity (persons) of auditoriums, theaters, gymnasiums, and stadiums1 space per building with a floor area of 50,000 SF or greater
    Hospital / Walk-In Clinic / Birthing Center / Surgical Facility1 space per 2 beds, plus parking required for out-patient serving areas (See General Professional/ Medical Office in Table 4-9.2.2C, Parking for Commercial Uses)1 space per building with a floor area of 50,000 SF or greater
    Nursing Homes1 space per 3 beds1 space per 20 sleeping rooms
    Prison / Protective Custody
    - Jail or Prison1 per 5 cells1 per 30 cells
    - All Other1 space per 4 beds1 space per 20 sleeping rooms
    Private Club
    - No Food Service1 space per 250 SF of floor area used for assemblyOver-the-curb loading allowed during off-peak hours, otherwise 1 space per building
    - With Food Service1 space per 100 SF of floor area used for assembly1 space per 25,000 SF
    Public Assembly (places of worship; preschools; elementary, middle, and high schools; libraries; community centers; child or adult day care)
    - Adult Day Care1 space per 300 SFN/A
    - Day Care / Preschool1 space per 100 SFN/A
    - Elementary School3 spaces per classroom1 space per 40,000 SF
    - Middle School4 spaces per classroom1 space per 40,000 SF
    - High SchoolSee Section 4-9.2.4, Special Studies1 space per building with a floor area of 50,000 SF or greater
    - Library or Museum1/3 space per person times building capacity (in persons)1 space per 75,000 SF of floor area
    - All OtherGreater of:1 space per 6 seats in auditorium; or 1 space per 250 SF of floor areaN/A
    Public Service
    - Post Office1 space per 200 sf. + 1 space per postal vehicle stored on-site1 space per 10,000 SF
    - Fire Station4 spaces per emergency vehicle bayN/A
    - Police Station1 space per 250 SF1 space per 60,000 SF if the building is larger than 40,000 SF
    -All Other1 space per 300 SFN/A
    Recreation and Amusement Uses
    Indoor Commercial Amusement
    - Bowling Alley5 spaces per lane1 space
    - Movie Theater1 space per 3 seats, plus 3 spaces per screen1 space
    - Skating Rink1 space per 100 SF of rink surface1 space
    - All Other6 spaces per 1,000 SF1 space
    Indoor Recreation
    - Swimming Pool1 space per 2 person capacity1 space
    - Tennis, Racquetball; Handball2 spaces, plus 1 space per court, plus 1 space per 5 courts1 space
    - Community Recreation Center1 space per 400 SF1 space per 50,000 SF
    - All Other1 space per 400 SF1 space
    Outdoor Commercial Amusement (amphitheaters, arenas, outdoor performing facilities)
    - Outdoor Arenas1 space per 3 seats1 space per 500 seats
    - All OtherSee Section 4-9.2.4, Special Studies
    Outdoor Recreation
    - Athletic FieldGreater of: 1 space per 4 seats (spectator); or30 spaces per athletic fieldN/A
    - Campground1 space per camp site, plus 1 space per 20 camp sitesN/A
    - Day Camp1 space per 4 campersN/A
    - Driving Range3 spaces per 4 stationsN/A
    - Mini Golf4 spaces per holeN/A
    - Golf Course4 spaces per holeN/A
    - Playgrounds12 spaces per ACN/A
    - Shooting or Archery Range5 spaces per 4 stationsN/A
    - Swimming Pool1 space per 250 SF of water surface areaN/A
    - Tennis Courts2 spaces per court, plus 1 space per 250 SF of clubhouse or pro shopN/A
    - Other Active Recreation12 spaces per ACN/A
    - Passive Recreation2 spaces per ACN/A
    - Recreational Vehicle Parks and Camps1 space per RV, plus 1 guest space per 4 RVsN/A
    Sexually Oriented BusinessGreater of:4 spaces per 5 seats; or1 space per 150 SF of floor area1 space
    Table 4-9.2.2B
    Parking for Institutional, Recreation, and Amusement Uses
    UseStandard Development
    Required Parking SpacesRequired Loading Spaces
    Institutional Uses
    Assisted Living / Congregate Care Facilities1 space per DU, plus 1 space per 3 beds in shared living facilities1 space per building with a floor area of 50,000 SF or greater
    College / University / Vo-Tech1 space per 200 sf. of floor area (except auditoriums, theaters, gymnasiums, and stadiums), plus 1/3 space per person times the capacity (persons) of auditoriums, theaters, gymnasiums, and stadiums1 space per building with a floor area of 50,000 SF or greater
    Hospital / Walk-In Clinic / Birthing Center / Surgical Facility1 space per 2 beds, plus parking required for out-patient serving areas (See General Professional/ Medical Office in Table 4-9.2.2C, Parking for Commercial Uses)1 space per building with a floor area of 50,000 SF or greater
    Nursing Homes1 space per 3 beds1 space per 20 sleeping rooms
    Prison / Protective Custody
    - Jail or Prison1 per 5 cells1 per 30 cells
    - All Other1 space per 4 beds1 space per 20 sleeping rooms
    Private Club
    - No Food Service1 space per 250 SF of floor area used for assemblyOver-the-curb loading allowed during off-peak hours, otherwise 1 space per building
    - With Food Service1 space per 100 SF of floor area used for assembly1 space per 25,000 SF
    Public Assembly (places of worship; preschools; elementary, middle, and high schools; libraries; community centers; child or adult day care)
    - Adult Day Care1 space per 300 SFN/A
    - Day Care / Preschool1 space per 100 SFN/A
    - Elementary School3 spaces per classroom1 space per 40,000 SF
    - Middle School4 spaces per classroom1 space per 40,000 SF
    - High SchoolSee Section 4-9.2.4, Special Studies1 space per building with a floor area of 50,000 SF or greater
    - Library or Museum1/3 space per person times building capacity (in persons)1 space per 75,000 SF of floor area
    - All OtherGreater of:1 space per 6 seats in auditorium; or 1 space per 250 SF of floor areaN/A
    Public Service
    - Post Office1 space per 200 sf. + 1 space per postal vehicle stored on-site1 space per 10,000 SF
    - Fire Station4 spaces per emergency vehicle bayN/A
    - Police Station1 space per 250 SF1 space per 60,000 SF if the building is larger than 40,000 SF
    -All Other1 space per 300 SFN/A
    Recreation and Amusement Uses
    Indoor Commercial Amusement
    - Bowling Alley5 spaces per lane1 space
    - Movie Theater1 space per 3 seats, plus 3 spaces per screen1 space
    - Skating Rink1 space per 100 SF of rink surface1 space
    - All Other6 spaces per 1,000 SF1 space
    Indoor Recreation
    - Swimming Pool1 space per 2 person capacity1 space
    - Tennis, Racquetball; Handball2 spaces, plus 1 space per court, plus 1 space per 5 courts1 space
    - Community Recreation Center1 space per 400 SF1 space per 50,000 SF
    - All Other1 space per 400 SF1 space
    Outdoor Commercial Amusement (amphitheaters, arenas, outdoor performing facilities)
    - Outdoor Arenas1 space per 3 seats1 space per 500 seats
    - All OtherSee Section 4-9.2.4, Special Studies
    Outdoor Recreation
    - Athletic FieldGreater of: 1 space per 4 seats (spectator); or30 spaces per athletic fieldN/A
    - Campground1 space per camp site, plus 1 space per 20 camp sitesN/A
    - Day Camp1 space per 4 campersN/A
    - Driving Range3 spaces per 4 stationsN/A
    - Mini Golf4 spaces per holeN/A
    - Golf Course4 spaces per holeN/A
    - Playgrounds12 spaces per ACN/A
    - Shooting or Archery Range5 spaces per 4 stationsN/A
    - Swimming Pool1 space per 250 SF of water surface areaN/A
    - Tennis Courts2 spaces per court, plus 1 space per 250 SF of clubhouse or pro shopN/A
    - Other Active Recreation12 spaces per ACN/A
    - Passive Recreation2 spaces per ACN/A
    - Recreational Vehicle Parks and Camps1 space per RV, plus 1 guest space per 4 RVsN/A
    Sexually Oriented BusinessGreater of:4 spaces per 5 seats; or1 space per 150 SF of floor area1 space
    Table 4-9.2.2B
    Parking for Institutional, Recreation, and Amusement Uses
    UseStandard Development
    Required Parking SpacesRequired Loading Spaces
    Institutional Uses
    Assisted Living / Congregate Care Facilities1 space per DU, plus 1 space per 3 beds in shared living facilities1 space per building with a floor area of 50,000 SF or greater
    College / University / Vo-Tech1 space per 200 sf. of floor area (except auditoriums, theaters, gymnasiums, and stadiums), plus 1/3 space per person times the capacity (persons) of auditoriums, theaters, gymnasiums, and stadiums1 space per building with a floor area of 50,000 SF or greater
    Hospital / Walk-In Clinic / Birthing Center / Surgical Facility1 space per 2 beds, plus parking required for out-patient serving areas (See General Professional/ Medical Office in Table 4-9.2.2C, Parking for Commercial Uses)1 space per building with a floor area of 50,000 SF or greater
    Nursing Homes1 space per 3 beds1 space per 20 sleeping rooms
    Prison / Protective Custody
    - Jail or Prison1 per 5 cells1 per 30 cells
    - All Other1 space per 4 beds1 space per 20 sleeping rooms
    Private Club
    - No Food Service1 space per 250 SF of floor area used for assemblyOver-the-curb loading allowed during off-peak hours, otherwise 1 space per building
    - With Food Service1 space per 100 SF of floor area used for assembly1 space per 25,000 SF
    Public Assembly (places of worship; preschools; elementary, middle, and high schools; libraries; community centers; child or adult day care)
    - Adult Day Care1 space per 300 SFN/A
    - Day Care / Preschool1 space per 100 SFN/A
    - Elementary School3 spaces per classroom1 space per 40,000 SF
    - Middle School4 spaces per classroom1 space per 40,000 SF
    - High SchoolSee Section 4-9.2.4, Special Studies1 space per building with a floor area of 50,000 SF or greater
    - Library or Museum1/3 space per person times building capacity (in persons)1 space per 75,000 SF of floor area
    - All OtherGreater of:1 space per 6 seats in auditorium; or 1 space per 250 SF of floor areaN/A
    Public Service
    - Post Office1 space per 200 sf. + 1 space per postal vehicle stored on-site1 space per 10,000 SF
    - Fire Station4 spaces per emergency vehicle bayN/A
    - Police Station1 space per 250 SF1 space per 60,000 SF if the building is larger than 40,000 SF
    -All Other1 space per 300 SFN/A
    Recreation and Amusement Uses
    Indoor Commercial Amusement
    - Bowling Alley5 spaces per lane1 space
    - Movie Theater1 space per 3 seats, plus 3 spaces per screen1 space
    - Skating Rink1 space per 100 SF of rink surface1 space
    - All Other6 spaces per 1,000 SF1 space
    Indoor Recreation
    - Swimming Pool1 space per 2 person capacity1 space
    - Tennis, Racquetball; Handball2 spaces, plus 1 space per court, plus 1 space per 5 courts1 space
    - Community Recreation Center1 space per 400 SF1 space per 50,000 SF
    - All Other1 space per 400 SF1 space
    Outdoor Commercial Amusement (amphitheaters, arenas, outdoor performing facilities)
    - Outdoor Arenas1 space per 3 seats1 space per 500 seats
    - All OtherSee Section 4-9.2.4, Special Studies
    Outdoor Recreation
    - Athletic FieldGreater of: 1 space per 4 seats (spectator); or30 spaces per athletic fieldN/A
    - Campground1 space per camp site, plus 1 space per 20 camp sitesN/A
    - Day Camp1 space per 4 campersN/A
    - Driving Range3 spaces per 4 stationsN/A
    - Mini Golf4 spaces per holeN/A
    - Golf Course4 spaces per holeN/A
    - Playgrounds12 spaces per ACN/A
    - Shooting or Archery Range5 spaces per 4 stationsN/A
    - Swimming Pool1 space per 250 SF of water surface areaN/A
    - Tennis Courts2 spaces per court, plus 1 space per 250 SF of clubhouse or pro shopN/A
    - Other Active Recreation12 spaces per ACN/A
    - Passive Recreation2 spaces per ACN/A
    - Recreational Vehicle Parks and Camps1 space per RV, plus 1 guest space per 4 RVsN/A
    Sexually Oriented BusinessGreater of:4 spaces per 5 seats; or1 space per 150 SF of floor area1 space
    Table 4-9.2.2B
    Parking for Institutional, Recreation, and Amusement Uses
    UseStandard Development
    Required Parking SpacesRequired Loading Spaces
    Institutional Uses
    Assisted Living / Congregate Care Facilities1 space per DU, plus 1 space per 3 beds in shared living facilities1 space per building with a floor area of 50,000 SF or greater
    College / University / Vo-Tech1 space per 200 sf. of floor area (except auditoriums, theaters, gymnasiums, and stadiums), plus 1/3 space per person times the capacity (persons) of auditoriums, theaters, gymnasiums, and stadiums1 space per building with a floor area of 50,000 SF or greater
    Hospital / Walk-In Clinic / Birthing Center / Surgical Facility1 space per 2 beds, plus parking required for out-patient serving areas (See General Professional/ Medical Office in Table 4-9.2.2C, Parking for Commercial Uses)1 space per building with a floor area of 50,000 SF or greater
    Nursing Homes1 space per 3 beds1 space per 20 sleeping rooms
    Prison / Protective Custody
    - Jail or Prison1 per 5 cells1 per 30 cells
    - All Other1 space per 4 beds1 space per 20 sleeping rooms
    Private Club
    - No Food Service1 space per 250 SF of floor area used for assemblyOver-the-curb loading allowed during off-peak hours, otherwise 1 space per building
    - With Food Service1 space per 100 SF of floor area used for assembly1 space per 25,000 SF
    Public Assembly (places of worship; preschools; elementary, middle, and high schools; libraries; community centers; child or adult day care)
    - Adult Day Care1 space per 300 SFN/A
    - Day Care / Preschool1 space per 100 SFN/A
    - Elementary School3 spaces per classroom1 space per 40,000 SF
    - Middle School4 spaces per classroom1 space per 40,000 SF
    - High SchoolSee Section 4-9.2.4, Special Studies1 space per building with a floor area of 50,000 SF or greater
    - Library or Museum1/3 space per person times building capacity (in persons)1 space per 75,000 SF of floor area
    - All OtherGreater of:1 space per 6 seats in auditorium; or 1 space per 250 SF of floor areaN/A
    Public Service
    - Post Office1 space per 200 sf. + 1 space per postal vehicle stored on-site1 space per 10,000 SF
    - Fire Station4 spaces per emergency vehicle bayN/A
    - Police Station1 space per 250 SF1 space per 60,000 SF if the building is larger than 40,000 SF
    -All Other1 space per 300 SFN/A
    Recreation and Amusement Uses
    Indoor Commercial Amusement
    - Bowling Alley5 spaces per lane1 space
    - Movie Theater1 space per 3 seats, plus 3 spaces per screen1 space
    - Skating Rink1 space per 100 SF of rink surface1 space
    - All Other6 spaces per 1,000 SF1 space
    Indoor Recreation
    - Swimming Pool1 space per 2 person capacity1 space
    - Tennis, Racquetball; Handball2 spaces, plus 1 space per court, plus 1 space per 5 courts1 space
    - Community Recreation Center1 space per 400 SF1 space per 50,000 SF
    - All Other1 space per 400 SF1 space
    Outdoor Commercial Amusement (amphitheaters, arenas, outdoor performing facilities)
    - Outdoor Arenas1 space per 3 seats1 space per 500 seats
    - All OtherSee Section 4-9.2.4, Special Studies
    Outdoor Recreation
    - Athletic FieldGreater of: 1 space per 4 seats (spectator); or30 spaces per athletic fieldN/A
    - Campground1 space per camp site, plus 1 space per 20 camp sitesN/A
    - Day Camp1 space per 4 campersN/A
    - Driving Range3 spaces per 4 stationsN/A
    - Mini Golf4 spaces per holeN/A
    - Golf Course4 spaces per holeN/A
    - Playgrounds12 spaces per ACN/A
    - Shooting or Archery Range5 spaces per 4 stationsN/A
    - Swimming Pool1 space per 250 SF of water surface areaN/A
    - Tennis Courts2 spaces per court, plus 1 space per 250 SF of clubhouse or pro shopN/A
    - Other Active Recreation12 spaces per ACN/A
    - Passive Recreation2 spaces per ACN/A
    - Recreational Vehicle Parks and Camps1 space per RV, plus 1 guest space per 4 RVsN/A
    Sexually Oriented BusinessGreater of:4 spaces per 5 seats; or1 space per 150 SF of floor area1 space

    Set out in Table 4-9.2.2C, Parking for Commercial Uses, is the parking and loading requirements for commercial uses where they are permitted as set out in Division 1-2.7, Land Uses.

    Table 4-9.2.2C
    Parking for Commercial Uses
    UseStandard Development
    Required Parking SpacesRequired Loading Spaces
    Commercial Uses
    Alcoholic Beverage Sales (Offsite Consumption)1 space per 200 SF1 space per 15,000 SF
    Alcoholic Beverage Sales (Onsite Consumption)1 space per 60 SF of dining space, plus 1 space per 100 SF of kitchen space, plus 1 space per 100 SF of outdoor dining1 space
    Animal Boarding Facilities, Small Animal1 space per 250 SF1 space if the use is larger than 10,000 SF
    Animal Grooming FacilitiesN/A
    Animal Veterinary, Small AnimalN/A
    Animal Veterinary, Large Animal1 space per dock
    Automobile Sales, Rental and Service Establishments1 space per 300 SF of office, plus 1 space per 600 SF of showroom, plus 1 space per 500 SF of service area1 space, plus 1 space per 25,000 SF of service area
    Automobile Repairs, Heavy4 spaces per service bay1 space
    Automobile Repairs, Light4 spaces + 1 space per service bay (pump stations are not counted)
    Commercial Retail (Business Services; Personal Services; Shopping Centers) 1
    - Grocery1 spaces per 200 SF1 space per 25,000 SF
    - All Other1 space per 250 SF 
    Event Facility / Banquet Hall / Dance Hall / Lodge1 space per 75 SF1 space per 50,000 SF
    Fueling Station / Car Wash3 spaces + 2 spaces per bay or stallN/A
    General Professional/ Medical Office
    - Financial Institutions1 space per 250 SF1 space per 33,000 SF
    - Medical1 space per 200 SF
    - Call Center1 space per 150 SF
    - All Other1 space per 300 SF
    Heavy Retail/Home Center
    - Home Center1 space per 500 SF of floor area1 space per 50,000 SF
    - Lumberyard1 space per 500 SF of office, plus 1 space per 1,000 SF yard space1 space per 50,000 SF of area put to the heavy retail use
    Nursery, Retail1 space per 250 SF of office or sales floor area, plus 1 space per 3,000 SF of outdoor nursery area0 to 49,999 SF: 1 space 50,000+ SF: 1 space for first 50,000 SF, plus 1 space per 75,000 SF of additional floor area
    Overnight Accommodations (hotels, motels, commercial inns)
    - Hotels and motels, full service1 space per guest room, plus 2 spaces per 10 guest rooms, plus 1 space per 100 SF of meeting space, plus 1/2 of required parking for accessory retail, restaurant, and alcoholic beverage sales uses1 space, plus 1 space per 50,000 SF meeting rooms, restaurants, and shops
    - All Other1 space per guest room, plus 2 spaces per 10 guest rooms1 space per 75 rooms
    Restaurant; Drive-In or Drive Through1 space per 60 SF1 space
    Restaurant; No Drive-In or Drive-Through1 space per 60 SF of dining space, plus 1 space per 100 SF of kitchen space, plus 1 space per 100 SF of outdoor dining1 space
    Services
    - Beauty or Nail Salon, Barber Shop, Spa4 spaces per 1,000 SFN/A
    - Dry Cleaner3 spaces per 1,000 SF1 space if dry cleaning is done off-site
    - All Other3 spaces per 1,000 SF, plus 1 space per stored company vehicle1 space per 75,000 SF
    Tattoo Facilities1 space per 250 SFN/A
    Truck Stops and Truck Washes1 space per 4 pump stations, plus 3 spaces per service bay, plus 1 space per 200 SF for the convenience store1 space per 15,000 SF, plus spaces for truck parking
    Wholesale1 space per 500 SF1 space per 50,000+ SF above 10,000 SF
    TABLE NOTES:
    1Grocery areas of supercenter stores (combinations of general retail and grocery in one store) are not counted separately if the floor area used for groceries is less than 40 percent of the total floor area.
    Table 4-9.2.2C
    Parking for Commercial Uses
    UseStandard Development
    Required Parking SpacesRequired Loading Spaces
    Commercial Uses
    Alcoholic Beverage Sales (Offsite Consumption)1 space per 200 SF1 space per 15,000 SF
    Alcoholic Beverage Sales (Onsite Consumption)1 space per 60 SF of dining space, plus 1 space per 100 SF of kitchen space, plus 1 space per 100 SF of outdoor dining1 space
    Animal Boarding Facilities, Small Animal1 space per 250 SF1 space if the use is larger than 10,000 SF
    Animal Grooming FacilitiesN/A
    Animal Veterinary, Small AnimalN/A
    Animal Veterinary, Large Animal1 space per dock
    Automobile Sales, Rental and Service Establishments1 space per 300 SF of office, plus 1 space per 600 SF of showroom, plus 1 space per 500 SF of service area1 space, plus 1 space per 25,000 SF of service area
    Automobile Repairs, Heavy4 spaces per service bay1 space
    Automobile Repairs, Light4 spaces + 1 space per service bay (pump stations are not counted)
    Commercial Retail (Business Services; Personal Services; Shopping Centers) 1
    - Grocery1 spaces per 200 SF1 space per 25,000 SF
    - All Other1 space per 250 SF 
    Event Facility / Banquet Hall / Dance Hall / Lodge1 space per 75 SF1 space per 50,000 SF
    Fueling Station / Car Wash3 spaces + 2 spaces per bay or stallN/A
    General Professional/ Medical Office
    - Financial Institutions1 space per 250 SF1 space per 33,000 SF
    - Medical1 space per 200 SF
    - Call Center1 space per 150 SF
    - All Other1 space per 300 SF
    Heavy Retail/Home Center
    - Home Center1 space per 500 SF of floor area1 space per 50,000 SF
    - Lumberyard1 space per 500 SF of office, plus 1 space per 1,000 SF yard space1 space per 50,000 SF of area put to the heavy retail use
    Nursery, Retail1 space per 250 SF of office or sales floor area, plus 1 space per 3,000 SF of outdoor nursery area0 to 49,999 SF: 1 space 50,000+ SF: 1 space for first 50,000 SF, plus 1 space per 75,000 SF of additional floor area
    Overnight Accommodations (hotels, motels, commercial inns)
    - Hotels and motels, full service1 space per guest room, plus 2 spaces per 10 guest rooms, plus 1 space per 100 SF of meeting space, plus 1/2 of required parking for accessory retail, restaurant, and alcoholic beverage sales uses1 space, plus 1 space per 50,000 SF meeting rooms, restaurants, and shops
    - All Other1 space per guest room, plus 2 spaces per 10 guest rooms1 space per 75 rooms
    Restaurant; Drive-In or Drive Through1 space per 60 SF1 space
    Restaurant; No Drive-In or Drive-Through1 space per 60 SF of dining space, plus 1 space per 100 SF of kitchen space, plus 1 space per 100 SF of outdoor dining1 space
    Services
    - Beauty or Nail Salon, Barber Shop, Spa4 spaces per 1,000 SFN/A
    - Dry Cleaner3 spaces per 1,000 SF1 space if dry cleaning is done off-site
    - All Other3 spaces per 1,000 SF, plus 1 space per stored company vehicle1 space per 75,000 SF
    Tattoo Facilities1 space per 250 SFN/A
    Truck Stops and Truck Washes1 space per 4 pump stations, plus 3 spaces per service bay, plus 1 space per 200 SF for the convenience store1 space per 15,000 SF, plus spaces for truck parking
    Wholesale1 space per 500 SF1 space per 50,000+ SF above 10,000 SF
    TABLE NOTES:
    1Grocery areas of supercenter stores (combinations of general retail and grocery in one store) are not counted separately if the floor area used for groceries is less than 40 percent of the total floor area.
    Table 4-9.2.2C
    Parking for Commercial Uses
    UseStandard Development
    Required Parking SpacesRequired Loading Spaces
    Commercial Uses
    Alcoholic Beverage Sales (Offsite Consumption)1 space per 200 SF1 space per 15,000 SF
    Alcoholic Beverage Sales (Onsite Consumption)1 space per 60 SF of dining space, plus 1 space per 100 SF of kitchen space, plus 1 space per 100 SF of outdoor dining1 space
    Animal Boarding Facilities, Small Animal1 space per 250 SF1 space if the use is larger than 10,000 SF
    Animal Grooming FacilitiesN/A
    Animal Veterinary, Small AnimalN/A
    Animal Veterinary, Large Animal1 space per dock
    Automobile Sales, Rental and Service Establishments1 space per 300 SF of office, plus 1 space per 600 SF of showroom, plus 1 space per 500 SF of service area1 space, plus 1 space per 25,000 SF of service area
    Automobile Repairs, Heavy4 spaces per service bay1 space
    Automobile Repairs, Light4 spaces + 1 space per service bay (pump stations are not counted)
    Commercial Retail (Business Services; Personal Services; Shopping Centers) 1
    - Grocery1 spaces per 200 SF1 space per 25,000 SF
    - All Other1 space per 250 SF 
    Event Facility / Banquet Hall / Dance Hall / Lodge1 space per 75 SF1 space per 50,000 SF
    Fueling Station / Car Wash3 spaces + 2 spaces per bay or stallN/A
    General Professional/ Medical Office
    - Financial Institutions1 space per 250 SF1 space per 33,000 SF
    - Medical1 space per 200 SF
    - Call Center1 space per 150 SF
    - All Other1 space per 300 SF
    Heavy Retail/Home Center
    - Home Center1 space per 500 SF of floor area1 space per 50,000 SF
    - Lumberyard1 space per 500 SF of office, plus 1 space per 1,000 SF yard space1 space per 50,000 SF of area put to the heavy retail use
    Nursery, Retail1 space per 250 SF of office or sales floor area, plus 1 space per 3,000 SF of outdoor nursery area0 to 49,999 SF: 1 space 50,000+ SF: 1 space for first 50,000 SF, plus 1 space per 75,000 SF of additional floor area
    Overnight Accommodations (hotels, motels, commercial inns)
    - Hotels and motels, full service1 space per guest room, plus 2 spaces per 10 guest rooms, plus 1 space per 100 SF of meeting space, plus 1/2 of required parking for accessory retail, restaurant, and alcoholic beverage sales uses1 space, plus 1 space per 50,000 SF meeting rooms, restaurants, and shops
    - All Other1 space per guest room, plus 2 spaces per 10 guest rooms1 space per 75 rooms
    Restaurant; Drive-In or Drive Through1 space per 60 SF1 space
    Restaurant; No Drive-In or Drive-Through1 space per 60 SF of dining space, plus 1 space per 100 SF of kitchen space, plus 1 space per 100 SF of outdoor dining1 space
    Services
    - Beauty or Nail Salon, Barber Shop, Spa4 spaces per 1,000 SFN/A
    - Dry Cleaner3 spaces per 1,000 SF1 space if dry cleaning is done off-site
    - All Other3 spaces per 1,000 SF, plus 1 space per stored company vehicle1 space per 75,000 SF
    Tattoo Facilities1 space per 250 SFN/A
    Truck Stops and Truck Washes1 space per 4 pump stations, plus 3 spaces per service bay, plus 1 space per 200 SF for the convenience store1 space per 15,000 SF, plus spaces for truck parking
    Wholesale1 space per 500 SF1 space per 50,000+ SF above 10,000 SF
    TABLE NOTES:
    1Grocery areas of supercenter stores (combinations of general retail and grocery in one store) are not counted separately if the floor area used for groceries is less than 40 percent of the total floor area.
    Table 4-9.2.2C
    Parking for Commercial Uses
    UseStandard Development
    Required Parking SpacesRequired Loading Spaces
    Commercial Uses
    Alcoholic Beverage Sales (Offsite Consumption)1 space per 200 SF1 space per 15,000 SF
    Alcoholic Beverage Sales (Onsite Consumption)1 space per 60 SF of dining space, plus 1 space per 100 SF of kitchen space, plus 1 space per 100 SF of outdoor dining1 space
    Animal Boarding Facilities, Small Animal1 space per 250 SF1 space if the use is larger than 10,000 SF
    Animal Grooming FacilitiesN/A
    Animal Veterinary, Small AnimalN/A
    Animal Veterinary, Large Animal1 space per dock
    Automobile Sales, Rental and Service Establishments1 space per 300 SF of office, plus 1 space per 600 SF of showroom, plus 1 space per 500 SF of service area1 space, plus 1 space per 25,000 SF of service area
    Automobile Repairs, Heavy4 spaces per service bay1 space
    Automobile Repairs, Light4 spaces + 1 space per service bay (pump stations are not counted)
    Commercial Retail (Business Services; Personal Services; Shopping Centers) 1
    - Grocery1 spaces per 200 SF1 space per 25,000 SF
    - All Other1 space per 250 SF 
    Event Facility / Banquet Hall / Dance Hall / Lodge1 space per 75 SF1 space per 50,000 SF
    Fueling Station / Car Wash3 spaces + 2 spaces per bay or stallN/A
    General Professional/ Medical Office
    - Financial Institutions1 space per 250 SF1 space per 33,000 SF
    - Medical1 space per 200 SF
    - Call Center1 space per 150 SF
    - All Other1 space per 300 SF
    Heavy Retail/Home Center
    - Home Center1 space per 500 SF of floor area1 space per 50,000 SF
    - Lumberyard1 space per 500 SF of office, plus 1 space per 1,000 SF yard space1 space per 50,000 SF of area put to the heavy retail use
    Nursery, Retail1 space per 250 SF of office or sales floor area, plus 1 space per 3,000 SF of outdoor nursery area0 to 49,999 SF: 1 space 50,000+ SF: 1 space for first 50,000 SF, plus 1 space per 75,000 SF of additional floor area
    Overnight Accommodations (hotels, motels, commercial inns)
    - Hotels and motels, full service1 space per guest room, plus 2 spaces per 10 guest rooms, plus 1 space per 100 SF of meeting space, plus 1/2 of required parking for accessory retail, restaurant, and alcoholic beverage sales uses1 space, plus 1 space per 50,000 SF meeting rooms, restaurants, and shops
    - All Other1 space per guest room, plus 2 spaces per 10 guest rooms1 space per 75 rooms
    Restaurant; Drive-In or Drive Through1 space per 60 SF1 space
    Restaurant; No Drive-In or Drive-Through1 space per 60 SF of dining space, plus 1 space per 100 SF of kitchen space, plus 1 space per 100 SF of outdoor dining1 space
    Services
    - Beauty or Nail Salon, Barber Shop, Spa4 spaces per 1,000 SFN/A
    - Dry Cleaner3 spaces per 1,000 SF1 space if dry cleaning is done off-site
    - All Other3 spaces per 1,000 SF, plus 1 space per stored company vehicle1 space per 75,000 SF
    Tattoo Facilities1 space per 250 SFN/A
    Truck Stops and Truck Washes1 space per 4 pump stations, plus 3 spaces per service bay, plus 1 space per 200 SF for the convenience store1 space per 15,000 SF, plus spaces for truck parking
    Wholesale1 space per 500 SF1 space per 50,000+ SF above 10,000 SF
    TABLE NOTES:
    1Grocery areas of supercenter stores (combinations of general retail and grocery in one store) are not counted separately if the floor area used for groceries is less than 40 percent of the total floor area.

    Set out in Table 4-9.2.2D, Parking for Industrial, Logistics, and Storage Uses, is the parking and loading requirements for industrial, logistics, and storage uses where they are permitted as set out in Division 1-2.7, Land Uses.

    Table 4-9.2.2D
    Parking for Industrial, Logistics, and Storage Uses
    UseStandard Development
    Required Parking SpacesRequired Loading Spaces
    Industrial and Logistics Uses
    Composting FacilitySee Section 4-9.2.4, Special Studies
    Heavy IndustrySee Section 4-9.2.4, Special Studies
    Light Industry
    - Laboratories, Research and Development, Testing1 space per 300 SF1 space per 20,000 sf.
    - Manufacturing, Processing, Assembly1 space per 750 SF
    - All Other1 space per 500 SF
    Recycling Collection FacilitySee Section 4-9.2.4, Special Studies
    Research / Testing Laboratory1 space per 300 SF of office, plus 1 space per 1,000 SF of testing area1 space, plus 1 space per 25,000 SF of service area
    Salvage Yard1 space per 2,000 SF of storage, plus 1 space per 500 SF of indoor office or facility2 spaces
    Warehousing and Logistics / Distribution Centers1 space per 300 sf. of office + 1 space per 1,000 sf. of warehouse + 1 space per loading dockGreater of:1 space per 20,000 sf.; or1 space per loading bay
    Storage Uses
    Self-Storage / Moving Vehicle Rental3 spaces + 1 space per on-site caretaker residence + required spaces for any vehicle rentalN/A
    Rail YardSee Section 4-9.2.4, Special Studies
    Storage Yard1 space per 8,000 SF of storage yard1 space
    Table 4-9.2.2D
    Parking for Industrial, Logistics, and Storage Uses
    UseStandard Development
    Required Parking SpacesRequired Loading Spaces
    Industrial and Logistics Uses
    Composting FacilitySee Section 4-9.2.4, Special Studies
    Heavy IndustrySee Section 4-9.2.4, Special Studies
    Light Industry
    - Laboratories, Research and Development, Testing1 space per 300 SF1 space per 20,000 sf.
    - Manufacturing, Processing, Assembly1 space per 750 SF
    - All Other1 space per 500 SF
    Recycling Collection FacilitySee Section 4-9.2.4, Special Studies
    Research / Testing Laboratory1 space per 300 SF of office, plus 1 space per 1,000 SF of testing area1 space, plus 1 space per 25,000 SF of service area
    Salvage Yard1 space per 2,000 SF of storage, plus 1 space per 500 SF of indoor office or facility2 spaces
    Warehousing and Logistics / Distribution Centers1 space per 300 sf. of office + 1 space per 1,000 sf. of warehouse + 1 space per loading dockGreater of:1 space per 20,000 sf.; or1 space per loading bay
    Storage Uses
    Self-Storage / Moving Vehicle Rental3 spaces + 1 space per on-site caretaker residence + required spaces for any vehicle rentalN/A
    Rail YardSee Section 4-9.2.4, Special Studies
    Storage Yard1 space per 8,000 SF of storage yard1 space
    Table 4-9.2.2D
    Parking for Industrial, Logistics, and Storage Uses
    UseStandard Development
    Required Parking SpacesRequired Loading Spaces
    Industrial and Logistics Uses
    Composting FacilitySee Section 4-9.2.4, Special Studies
    Heavy IndustrySee Section 4-9.2.4, Special Studies
    Light Industry
    - Laboratories, Research and Development, Testing1 space per 300 SF1 space per 20,000 sf.
    - Manufacturing, Processing, Assembly1 space per 750 SF
    - All Other1 space per 500 SF
    Recycling Collection FacilitySee Section 4-9.2.4, Special Studies
    Research / Testing Laboratory1 space per 300 SF of office, plus 1 space per 1,000 SF of testing area1 space, plus 1 space per 25,000 SF of service area
    Salvage Yard1 space per 2,000 SF of storage, plus 1 space per 500 SF of indoor office or facility2 spaces
    Warehousing and Logistics / Distribution Centers1 space per 300 sf. of office + 1 space per 1,000 sf. of warehouse + 1 space per loading dockGreater of:1 space per 20,000 sf.; or1 space per loading bay
    Storage Uses
    Self-Storage / Moving Vehicle Rental3 spaces + 1 space per on-site caretaker residence + required spaces for any vehicle rentalN/A
    Rail YardSee Section 4-9.2.4, Special Studies
    Storage Yard1 space per 8,000 SF of storage yard1 space
    Table 4-9.2.2D
    Parking for Industrial, Logistics, and Storage Uses
    UseStandard Development
    Required Parking SpacesRequired Loading Spaces
    Industrial and Logistics Uses
    Composting FacilitySee Section 4-9.2.4, Special Studies
    Heavy IndustrySee Section 4-9.2.4, Special Studies
    Light Industry
    - Laboratories, Research and Development, Testing1 space per 300 SF1 space per 20,000 sf.
    - Manufacturing, Processing, Assembly1 space per 750 SF
    - All Other1 space per 500 SF
    Recycling Collection FacilitySee Section 4-9.2.4, Special Studies
    Research / Testing Laboratory1 space per 300 SF of office, plus 1 space per 1,000 SF of testing area1 space, plus 1 space per 25,000 SF of service area
    Salvage Yard1 space per 2,000 SF of storage, plus 1 space per 500 SF of indoor office or facility2 spaces
    Warehousing and Logistics / Distribution Centers1 space per 300 sf. of office + 1 space per 1,000 sf. of warehouse + 1 space per loading dockGreater of:1 space per 20,000 sf.; or1 space per loading bay
    Storage Uses
    Self-Storage / Moving Vehicle Rental3 spaces + 1 space per on-site caretaker residence + required spaces for any vehicle rentalN/A
    Rail YardSee Section 4-9.2.4, Special Studies
    Storage Yard1 space per 8,000 SF of storage yard1 space

    Set out in Table 4-9.2.2E, Parking for Communications, Utility, and Transportation Uses, is the parking and loading requirements for communications, utility, and transportation uses where they are permitted as set out in Division 1-2.7, Land Uses.

    Table 4-9.2.2E
    Parking for Communications, Utility, and Transportation Uses
    UseStandard Development
    Required Parking SpacesRequired Loading Spaces
    Utility Uses
    Broadcasting Center / Satellite Farm / Server Farm / Switching FacilitySee Section 4-9.2.4, Special Studies
    Community-Scale Water or Wastewater Treatment1 space per 1,000 SFSee Section 4-9.2.4, Special Studies
    Disposal5 spaces per 4 disposal vehicles1 space per disposal vehicle
    Electrical Substation3 spacesN/A
    Power Generation, Renewable FuelSee Section 4-9.2.4, Special Studies
    Waste Transfer Station1.25 spaces per disposal vehicle1 space per disposal vehicle
    Transportation Uses
    HelistopSee Section 4-9.2.4, Special Studies
    Wireless Telecommunications Facilities
    Attached FacilitiesN/AN/A
    Communication Towers and AntennasSee Section 4-9.2.1, Calculations and Special Provisions
    Table 4-9.2.2E
    Parking for Communications, Utility, and Transportation Uses
    UseStandard Development
    Required Parking SpacesRequired Loading Spaces
    Utility Uses
    Broadcasting Center / Satellite Farm / Server Farm / Switching FacilitySee Section 4-9.2.4, Special Studies
    Community-Scale Water or Wastewater Treatment1 space per 1,000 SFSee Section 4-9.2.4, Special Studies
    Disposal5 spaces per 4 disposal vehicles1 space per disposal vehicle
    Electrical Substation3 spacesN/A
    Power Generation, Renewable FuelSee Section 4-9.2.4, Special Studies
    Waste Transfer Station1.25 spaces per disposal vehicle1 space per disposal vehicle
    Transportation Uses
    HelistopSee Section 4-9.2.4, Special Studies
    Wireless Telecommunications Facilities
    Attached FacilitiesN/AN/A
    Communication Towers and AntennasSee Section 4-9.2.1, Calculations and Special Provisions
    Table 4-9.2.2E
    Parking for Communications, Utility, and Transportation Uses
    UseStandard Development
    Required Parking SpacesRequired Loading Spaces
    Utility Uses
    Broadcasting Center / Satellite Farm / Server Farm / Switching FacilitySee Section 4-9.2.4, Special Studies
    Community-Scale Water or Wastewater Treatment1 space per 1,000 SFSee Section 4-9.2.4, Special Studies
    Disposal5 spaces per 4 disposal vehicles1 space per disposal vehicle
    Electrical Substation3 spacesN/A
    Power Generation, Renewable FuelSee Section 4-9.2.4, Special Studies
    Waste Transfer Station1.25 spaces per disposal vehicle1 space per disposal vehicle
    Transportation Uses
    HelistopSee Section 4-9.2.4, Special Studies
    Wireless Telecommunications Facilities
    Attached FacilitiesN/AN/A
    Communication Towers and AntennasSee Section 4-9.2.1, Calculations and Special Provisions
    Table 4-9.2.2E
    Parking for Communications, Utility, and Transportation Uses
    UseStandard Development
    Required Parking SpacesRequired Loading Spaces
    Utility Uses
    Broadcasting Center / Satellite Farm / Server Farm / Switching FacilitySee Section 4-9.2.4, Special Studies
    Community-Scale Water or Wastewater Treatment1 space per 1,000 SFSee Section 4-9.2.4, Special Studies
    Disposal5 spaces per 4 disposal vehicles1 space per disposal vehicle
    Electrical Substation3 spacesN/A
    Power Generation, Renewable FuelSee Section 4-9.2.4, Special Studies
    Waste Transfer Station1.25 spaces per disposal vehicle1 space per disposal vehicle
    Transportation Uses
    HelistopSee Section 4-9.2.4, Special Studies
    Wireless Telecommunications Facilities
    Attached FacilitiesN/AN/A
    Communication Towers and AntennasSee Section 4-9.2.1, Calculations and Special Provisions

    Set out in Table 4-9.2.2F, Parking for Agriculture Uses, is the parking and loading requirements for agriculture uses where they are permitted as set out in Division 1-2.7, Land Uses.

    Table 4-9.2.2F
    Parking for Agriculture Uses
    UseStandard Development
    Required Parking SpacesRequired Loading Spaces
    Agriculture Uses
    Agricultural Support / Rural Services
    - Crop Storage / Packing1 space per 500 sf. of floor area1 space per 15,000 sf.
    - Equipment Dealers and Feed Stores1 space per 300 sf. of office + 1 space per 750 sf. of other floor area1 space per 75,000 sf.
    Commercial Stables1 space per 6 stalls1 space per 24 stalls
    Crops or Silviculture2 spaces per dwelling unit used as a farm residenceN/A
    Livestock, CAFO / AquacultureSee Section 4-9.2.4, Special Studies
    Livestock (non-CAFO) 
    Nursery or Greenhouse, Wholesale
    - Retail1 space per 250 sf. of enclosed floor area + 15 spaces per acre of outdoor nursery area3 spaces per 5 acres
    - Wholesale3 spaces per 1,000 sf. of office or sales floor area + 10 spaces per acre of outdoor nursery area2 spaces per 5 acres
    Table 4-9.2.2F
    Parking for Agriculture Uses
    UseStandard Development
    Required Parking SpacesRequired Loading Spaces
    Agriculture Uses
    Agricultural Support / Rural Services
    - Crop Storage / Packing1 space per 500 sf. of floor area1 space per 15,000 sf.
    - Equipment Dealers and Feed Stores1 space per 300 sf. of office + 1 space per 750 sf. of other floor area1 space per 75,000 sf.
    Commercial Stables1 space per 6 stalls1 space per 24 stalls
    Crops or Silviculture2 spaces per dwelling unit used as a farm residenceN/A
    Livestock, CAFO / AquacultureSee Section 4-9.2.4, Special Studies
    Livestock (non-CAFO) 
    Nursery or Greenhouse, Wholesale
    - Retail1 space per 250 sf. of enclosed floor area + 15 spaces per acre of outdoor nursery area3 spaces per 5 acres
    - Wholesale3 spaces per 1,000 sf. of office or sales floor area + 10 spaces per acre of outdoor nursery area2 spaces per 5 acres
    Table 4-9.2.2F
    Parking for Agriculture Uses
    UseStandard Development
    Required Parking SpacesRequired Loading Spaces
    Agriculture Uses
    Agricultural Support / Rural Services
    - Crop Storage / Packing1 space per 500 sf. of floor area1 space per 15,000 sf.
    - Equipment Dealers and Feed Stores1 space per 300 sf. of office + 1 space per 750 sf. of other floor area1 space per 75,000 sf.
    Commercial Stables1 space per 6 stalls1 space per 24 stalls
    Crops or Silviculture2 spaces per dwelling unit used as a farm residenceN/A
    Livestock, CAFO / AquacultureSee Section 4-9.2.4, Special Studies
    Livestock (non-CAFO) 
    Nursery or Greenhouse, Wholesale
    - Retail1 space per 250 sf. of enclosed floor area + 15 spaces per acre of outdoor nursery area3 spaces per 5 acres
    - Wholesale3 spaces per 1,000 sf. of office or sales floor area + 10 spaces per acre of outdoor nursery area2 spaces per 5 acres
    Table 4-9.2.2F
    Parking for Agriculture Uses
    UseStandard Development
    Required Parking SpacesRequired Loading Spaces
    Agriculture Uses
    Agricultural Support / Rural Services
    - Crop Storage / Packing1 space per 500 sf. of floor area1 space per 15,000 sf.
    - Equipment Dealers and Feed Stores1 space per 300 sf. of office + 1 space per 750 sf. of other floor area1 space per 75,000 sf.
    Commercial Stables1 space per 6 stalls1 space per 24 stalls
    Crops or Silviculture2 spaces per dwelling unit used as a farm residenceN/A
    Livestock, CAFO / AquacultureSee Section 4-9.2.4, Special Studies
    Livestock (non-CAFO) 
    Nursery or Greenhouse, Wholesale
    - Retail1 space per 250 sf. of enclosed floor area + 15 spaces per acre of outdoor nursery area3 spaces per 5 acres
    - Wholesale3 spaces per 1,000 sf. of office or sales floor area + 10 spaces per acre of outdoor nursery area2 spaces per 5 acres

    Effective on: 1/1/1901

    Sec. 4-9.2.3 Required Parking for Disabled Persons
  • Generally. Parking lots must designate parking spaces for the use of persons with disabilities as set out in Table 4-9.2.3, Disable Parking Requirements.
  • Table 4-9.2.3
    Disabled Parking Requirements
    Number of Required Parking SpacesNumber of Disabled SpacesNumber of Disabled Spaces that Must be Van Accessible1
    1 to 25 1 1
    26 to 50 2 1
    51 to 75 3 1
    76 to 100 4 1
    101 to 150 5 1
    151 to 200 6 1
    201 to 300 7 1
    301 to 400 8 1
    401 to 500 9 2
    501 to 1000 2 percent of total 1 out of 8 disabled parking spaces, rounded up
    1001 and over 20 plus 1 for each 100 over 1,000 1 out of 8 disabled parking spaces, rounded up
    TABLE NOTES:
    1 Van accessible spaces are counted as disabled parking spaces and are not an additional requirement. ADAAG requirements also provide for "universal spaces" which eliminate the need for designated van accessible spaces.
    Table 4-9.2.3
    Disabled Parking Requirements
    Number of Required Parking SpacesNumber of Disabled SpacesNumber of Disabled Spaces that Must be Van Accessible1
    1 to 25 1 1
    26 to 50 2 1
    51 to 75 3 1
    76 to 100 4 1
    101 to 150 5 1
    151 to 200 6 1
    201 to 300 7 1
    301 to 400 8 1
    401 to 500 9 2
    501 to 1000 2 percent of total 1 out of 8 disabled parking spaces, rounded up
    1001 and over 20 plus 1 for each 100 over 1,000 1 out of 8 disabled parking spaces, rounded up
    TABLE NOTES:
    1 Van accessible spaces are counted as disabled parking spaces and are not an additional requirement. ADAAG requirements also provide for "universal spaces" which eliminate the need for designated van accessible spaces.
    Table 4-9.2.3
    Disabled Parking Requirements
    Number of Required Parking SpacesNumber of Disabled SpacesNumber of Disabled Spaces that Must be Van Accessible1
    1 to 25 1 1
    26 to 50 2 1
    51 to 75 3 1
    76 to 100 4 1
    101 to 150 5 1
    151 to 200 6 1
    201 to 300 7 1
    301 to 400 8 1
    401 to 500 9 2
    501 to 1000 2 percent of total 1 out of 8 disabled parking spaces, rounded up
    1001 and over 20 plus 1 for each 100 over 1,000 1 out of 8 disabled parking spaces, rounded up
    TABLE NOTES:
    1 Van accessible spaces are counted as disabled parking spaces and are not an additional requirement. ADAAG requirements also provide for "universal spaces" which eliminate the need for designated van accessible spaces.
    Table 4-9.2.3
    Disabled Parking Requirements
    Number of Required Parking SpacesNumber of Disabled SpacesNumber of Disabled Spaces that Must be Van Accessible1
    1 to 25 1 1
    26 to 50 2 1
    51 to 75 3 1
    76 to 100 4 1
    101 to 150 5 1
    151 to 200 6 1
    201 to 300 7 1
    301 to 400 8 1
    401 to 500 9 2
    501 to 1000 2 percent of total 1 out of 8 disabled parking spaces, rounded up
    1001 and over 20 plus 1 for each 100 over 1,000 1 out of 8 disabled parking spaces, rounded up
    TABLE NOTES:
    1 Van accessible spaces are counted as disabled parking spaces and are not an additional requirement. ADAAG requirements also provide for "universal spaces" which eliminate the need for designated van accessible spaces.
    1. Accessible Parking Standards. In accordance with the American’s with Disabilities Act (ADA), the following standards shall be met:
      1. Location. Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. In parking facilities that do not serve a particular building, accessible parking shall be located on the shortest accessible route of travel to an accessible pedestrian entrance of the parking facility. In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances.
      2. Parking Spaces. Accessible parking spaces shall be at least 96 inches wide. Parking access aisles shall be part of an accessible route to the building or facility entrance and shall comply with ADA, Accessible Routes. Two accessible parking spaces may share a common access aisle (See Figure 4-9.2.3, Dimensions for ADA Accessible Spaces). Parked vehicle overhangs shall not reduce the clear width of an accessible route. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2 percent) in all directions.
    Figure 4-9.2.3
    Dimensions for ADA Accessible Spaces
      1. Signage. Accessible parking spaces shall be designated as reserved by a sign showing the symbol of accessibility. Spaces complying with B.2., above shall have an additional "Van-Accessible" sign mounted below the symbol of accessibility. Such signs shall be located so they cannot be obscured by a vehicle parked in the space.
      2. Vertical Clearance. Provide minimum vertical clearance of 114 inches at accessible passenger loading zones and along at least one vehicle access route to such areas from site entrance(s) and exit(s). At parking spaces complying with B.2., above, provide minimum vertical clearance of 98 inches at the parking space and along at least one vehicle access route to such spaces from site entrance(s) and exit(s).
      3. Passenger Loading Zones. Passenger loading zones shall provide an access aisle at least 60 inches wide and 20 feet long adjacent and parallel to the vehicle pull-up space. If there are curbs between the access aisle and the vehicle pull-up space, then a curb ramp shall be provided. Vehicle standing spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2 percent) in all directions.

    Effective on: 1/1/1901

    Sec. 4-9.2.4 Special Studies
  • Generally. Some of the uses that are listed in the tables set out in Division 1-2.7, Land Uses have nonlinear or widely varying parking demand characteristics. Accordingly, their parking requirements are listed in the table as "See Section 4-9.2.4, Special Studies." Required parking for these uses shall be established according to the standards of this Section.
  • Requirements.
    1. Special Study. A special study shall be conducted by a qualified traffic engineer at the applicant's expense.
    2. Contents. The special study shall provide:
      1. A peak parking analysis of at least five functionally comparable uses.
      2. Documentation regarding the comparability of the referenced uses, including: name, function, location, floor area, parking availability, access to transportation network (including vehicular, bicycle, pedestrian, and transit, as applicable), use restrictions, and other factors that could affect the parking demand.
  • Approval of Special Study.
    1. Additional Information. The City may rely upon the special study or may request one round of additional information or analysis, including, but not limited to: alternative or new data points, or consideration of additional or alternative factors related to comparability or peak demand, as supported by sound engineering principles.
    2. Condition of Approval. As a condition of approval of a special study, the City may require that land be reserved or land-banked for additional parking if:
      1. There is a demonstrably high probability the use could change, resulting in a higher demand for parking; or
      2. The variability in the special study justifies the reservation of additional land to mitigate a material risk that the use may be insufficiently parked.
    3. Appropriate Location and Dimension. Areas that are reserved or land-banked shall be of appropriate location and dimension to provide for the additional parking by connection to existing parking lots.
  • Effective on: 1/1/1901

    Sec. 4-9.2.5 Credits and Reductions for Alternative Parking
  • Generally. This Section sets out credits and permissible reductions in the number of off-street parking spaces that is required to be provided. These credits or reductions are based on the provision of alternative parking or transportation demand management programs that tend to reduce the demand for parking spaces. If used in conjunction with Section 4-9.2.6, Shared Parking, these reductions may be applied to one type of use to reduce the parking requirement for the use prior to calculating the shared parking reduction.
  • Applicability to Special Studies. The credits and reductions set out in this Section are not available to uses that base their parking on a special study, as set out in Section 4-9.2.4, Special Studies, unless the special study's methodology specifically addresses these credits and reductions and determines that they are appropriate.
  • Reduction of Parking or Loading Requirements by Demonstration of Lesser Demand Management.
    1. Warrant by Demonstration. The City may approve a reduction in the number of required parking or loading spaces if the applicant demonstrates that such a reduction is appropriate based on specific parking demand forecasts for the proposed use, provided that:
      1. Such forecasts are made by a qualified traffic engineer, and are based upon a peak parking analysis of at least five comparable uses; and
      2. The comparability of the uses shall be documented in detail, which includes their location, size, transportation system access, use restrictions, and all other factors that were considered by the traffic engineer that could affect parking demand.
    2. Objective Review. The City may retain a qualified traffic engineer, at the applicant's expense, to review the parking demand forecast and provide recommendations to the City.
    3. Decision. The City may rely on the applicant's special study or the special study conducted by the City's consultant.
    4. Future Changes. The Plan Commission may require that space be reserved or land-banked for additional parking upon a determination that there is a reasonable likelihood that the nature of the use could change in a manner that increases its parking demand.
  • Off-Site Parking. Generally, off-street parking shall be provided on the same lot or parcel as the principal use for which it is required. However, required parking may be located off-site if the following conditions are met:
    1. Location. The nearest point of the off-site parking lot is located not more than 500 feet from the principal building or structure it serves;
    2. Site Limitations. The Director has found that the provision of required off-street parking on the same parcel with the principal building is impossible or impractical due to site conditions, or that utilization of parking spaces on another parcel will accomplish a desirable design objective, and that an acceptable alternative is available.
    3. Restrictions and Covenants. The owner(s) of the same lot(s) with the principal building (s), and the owner(s) of the parking space on the separate parcel(s) have executed a declaration of restrictions and covenants, in a form and of content to the satisfaction of the City Attorney, covering said lot(s) and parking space.
  • Motorcycle and Bicycle Parking.
    1. Additional Requirements. Motorcycle and bicycle parking may be provided in addition to other off-street parking requirements.
    2. Reductions. Required parking spaces may be reduced at a rate of one space for every 10 spaces in a permanent bicycle rack or for every five motorcycle spaces.
  • Effective on: 1/1/1901

    Sec. 4-9.2.6 Shared Parking
  • Shared Parking. Parking requirements for two or more uses may be satisfied with shared parking. Shared parking may be approved if the Planning Commission has approved a parking study that demonstrates that the subject uses have inherent differences in parking activity patterns and that the combined parking requirements will not exceed the available parking supply. The right of joint use of a parking facility must be executed by a declaration of restrictions and covenants, in a form and of content to the satisfaction of the City Attorney, covering said parking lot(s) and/or parking spaces. Shared parking shall conform to the following standards:
    1. Location.
      1. Parking shall be provided on the same or a contiguous lot; or
      2. Parking may be provided off-site if the parking study demonstrates that the proximity of the parking is acceptable.
      3. In cases where parking for a project is to be provided on more than one lot, a parking association shall be formed by the owners of the affected parcels prior to issuance of a permit. Documentation of the association shall be provided to the Director, in a form and of content to the satisfaction of the City Attorney, prior to issuance of a zoning permit.
    2. Shared Parking Table. Shared parking allows a reduction in the total number of required parking spaces when a parcel is occupied by two or more uses which typically do not experience peak use of parking areas at the same time. When any land or building is used for two or more uses that are listed below, the minimum total number of required parking spaces may be determined by the following procedures:
      1. Multiply the minimum required parking for each individual use, excluding spaces reserved for use by specified individuals or classes of individuals (e.g., spaces that are either posted "reserved," or secured behind a gate), by the appropriate percentage listed in Table 4-9.2.6A, Shared Parking, for each of the designated time periods.
      2. Calculate a sum for all uses for each of the five time periods (columns). The minimum parking requirement is the highest of these sums. Set out in Table 4-9.2.6B, Illustrative Shared Parking Credit Calculation, is an example of how to use Table 4-9.2.6A, Shared Parking to calculate required parking.
      3. In general, the maximum reduction allowed by Table 4-9.2.6A, Shared Parking, shall be 25 percent. However, a greater reduction is permitted, provided that:
        1. Sufficient land is set aside for each parking space in excess of the 25 percent reduction that is not constructed, so that the spaces may be constructed at a later date should the Planning Commission determine that they are necessary; and
        2. The property owner executes and records a document that guarantees that the spaces will be constructed upon written order of the Director.
  • Table 4-9.2.6A
    Shared Parking
    UseWeekdayWeekend
    Night
    (12 AM to 6 AM)
    Day
    (6 AM to 6 PM)
    Evening
    (6 PM to 12 AM)
    Day
    (6 AM to 6 PM)
    Evening
    (6 PM to 12 AM)
    Residential 100% 60% 90% 80% 90%
    Office 5% 100% 10% 10% 5%
    Retail / Commercial 5% 70% 90% 100% 70%
    Overnight Accommodations 80% 80% 100% 50% 100%
    Restaurant 10% 50% 100% 50% 100%
    Entertainment 10% 40% 100% 80% 100%
    All Others 100% 100% 100% 100% 100%
    Table 4-9.2.6B
    Illustrative Shared Parking Credit Calculation
    EXAMPLE: A mixed-use building in a standard development has 50 2-bedroom residences, 50,000 square feet of general office space, and 50,000 square feet of retail space. Separately, these uses would require 450 parking spaces ((50 sp. x 2 sp. / unit) + (50,000 sf. x (3 sp. / 1,000 sf.)) + (50,000 sf. x (1 sp. / 250 sf.)) = 450). However, combined, they could share 350 parking spaces.
    UseWeekdayWeekend
    Night
    (12 AM to 6 AM)
    Day
    (6 AM to 6 PM)
    Evening
    (6 PM to 12 AM)
    Day
    (6 AM to 6 PM)
    Evening
    (6 PM to 12 AM)
    Residential 100 spaces 100% x 100 = 100 60% x 100 = 60 90% x 100 = 90 80% x 100 = 80 90% x 100 = 90
    Office 150 spaces 5% x 150 = 8 100% x 150 = 150 10% x 150 = 15 10% x 150 = 15 5% x 150 = 8
    Retail / Commercial 200 spaces 5% x 200 = 10 70% x 200 = 140 90% x 200 = 180 100% x 200 = 200 70% x 200 =140
    Overnight Accommodations 80% x 0 = 0 80% x 0 = 0 100% x 0 = 0 50% x 0 = 0 100% x 0 = 0
    Restaurant 10% x 0 = 0 50% x 0 = 0 100% x 0 = 0 50% x 0 = 0 100% x 0 = 0
    Entertainment 10% x 0 = 0 40% x 0 = 0 100% x 0 = 0 80% x 0 = 0 100% x 0 = 0
    All Others 100% x 0 = 0 100% x 0 = 0 100% x 0 = 0 100% x 0 = 0 100% x 0 = 0
    COLUMN TOTALS118350285295238
    TABLE NOTE: The largest number, 350, is the number of parking spaces that are required. This example is a 22 percent reduction compared to individual calculations.
    Table 4-9.2.6B
    Illustrative Shared Parking Credit Calculation
    EXAMPLE: A mixed-use building in a standard development has 50 2-bedroom residences, 50,000 square feet of general office space, and 50,000 square feet of retail space. Separately, these uses would require 450 parking spaces ((50 sp. x 2 sp. / unit) + (50,000 sf. x (3 sp. / 1,000 sf.)) + (50,000 sf. x (1 sp. / 250 sf.)) = 450). However, combined, they could share 350 parking spaces.
    UseWeekdayWeekend
    Night
    (12 AM to 6 AM)
    Day
    (6 AM to 6 PM)
    Evening
    (6 PM to 12 AM)
    Day
    (6 AM to 6 PM)
    Evening
    (6 PM to 12 AM)
    Residential 100 spaces 100% x 100 = 100 60% x 100 = 60 90% x 100 = 90 80% x 100 = 80 90% x 100 = 90
    Office 150 spaces 5% x 150 = 8 100% x 150 = 150 10% x 150 = 15 10% x 150 = 15 5% x 150 = 8
    Retail / Commercial 200 spaces 5% x 200 = 10 70% x 200 = 140 90% x 200 = 180 100% x 200 = 200 70% x 200 =140
    Overnight Accommodations 80% x 0 = 0 80% x 0 = 0 100% x 0 = 0 50% x 0 = 0 100% x 0 = 0
    Restaurant 10% x 0 = 0 50% x 0 = 0 100% x 0 = 0 50% x 0 = 0 100% x 0 = 0
    Entertainment 10% x 0 = 0 40% x 0 = 0 100% x 0 = 0 80% x 0 = 0 100% x 0 = 0
    All Others 100% x 0 = 0 100% x 0 = 0 100% x 0 = 0 100% x 0 = 0 100% x 0 = 0
    COLUMN TOTALS118350285295238
    TABLE NOTE: The largest number, 350, is the number of parking spaces that are required. This example is a 22 percent reduction compared to individual calculations.
    Table 4-9.2.6B
    Illustrative Shared Parking Credit Calculation
    EXAMPLE: A mixed-use building in a standard development has 50 2-bedroom residences, 50,000 square feet of general office space, and 50,000 square feet of retail space. Separately, these uses would require 450 parking spaces ((50 sp. x 2 sp. / unit) + (50,000 sf. x (3 sp. / 1,000 sf.)) + (50,000 sf. x (1 sp. / 250 sf.)) = 450). However, combined, they could share 350 parking spaces.
    UseWeekdayWeekend
    Night
    (12 AM to 6 AM)
    Day
    (6 AM to 6 PM)
    Evening
    (6 PM to 12 AM)
    Day
    (6 AM to 6 PM)
    Evening
    (6 PM to 12 AM)
    Residential 100 spaces 100% x 100 = 100 60% x 100 = 60 90% x 100 = 90 80% x 100 = 80 90% x 100 = 90
    Office 150 spaces 5% x 150 = 8 100% x 150 = 150 10% x 150 = 15 10% x 150 = 15 5% x 150 = 8
    Retail / Commercial 200 spaces 5% x 200 = 10 70% x 200 = 140 90% x 200 = 180 100% x 200 = 200 70% x 200 =140
    Overnight Accommodations 80% x 0 = 0 80% x 0 = 0 100% x 0 = 0 50% x 0 = 0 100% x 0 = 0
    Restaurant 10% x 0 = 0 50% x 0 = 0 100% x 0 = 0 50% x 0 = 0 100% x 0 = 0
    Entertainment 10% x 0 = 0 40% x 0 = 0 100% x 0 = 0 80% x 0 = 0 100% x 0 = 0
    All Others 100% x 0 = 0 100% x 0 = 0 100% x 0 = 0 100% x 0 = 0 100% x 0 = 0
    COLUMN TOTALS118350285295238
    TABLE NOTE: The largest number, 350, is the number of parking spaces that are required. This example is a 22 percent reduction compared to individual calculations.
    Table 4-9.2.6B
    Illustrative Shared Parking Credit Calculation
    EXAMPLE: A mixed-use building in a standard development has 50 2-bedroom residences, 50,000 square feet of general office space, and 50,000 square feet of retail space. Separately, these uses would require 450 parking spaces ((50 sp. x 2 sp. / unit) + (50,000 sf. x (3 sp. / 1,000 sf.)) + (50,000 sf. x (1 sp. / 250 sf.)) = 450). However, combined, they could share 350 parking spaces.
    UseWeekdayWeekend
    Night
    (12 AM to 6 AM)
    Day
    (6 AM to 6 PM)
    Evening
    (6 PM to 12 AM)
    Day
    (6 AM to 6 PM)
    Evening
    (6 PM to 12 AM)
    Residential 100 spaces 100% x 100 = 100 60% x 100 = 60 90% x 100 = 90 80% x 100 = 80 90% x 100 = 90
    Office 150 spaces 5% x 150 = 8 100% x 150 = 150 10% x 150 = 15 10% x 150 = 15 5% x 150 = 8
    Retail / Commercial 200 spaces 5% x 200 = 10 70% x 200 = 140 90% x 200 = 180 100% x 200 = 200 70% x 200 =140
    Overnight Accommodations 80% x 0 = 0 80% x 0 = 0 100% x 0 = 0 50% x 0 = 0 100% x 0 = 0
    Restaurant 10% x 0 = 0 50% x 0 = 0 100% x 0 = 0 50% x 0 = 0 100% x 0 = 0
    Entertainment 10% x 0 = 0 40% x 0 = 0 100% x 0 = 0 80% x 0 = 0 100% x 0 = 0
    All Others 100% x 0 = 0 100% x 0 = 0 100% x 0 = 0 100% x 0 = 0 100% x 0 = 0
    COLUMN TOTALS118350285295238
    TABLE NOTE: The largest number, 350, is the number of parking spaces that are required. This example is a 22 percent reduction compared to individual calculations.
      1. Implementation. The Director may require the owner or manager of a project approved under the shared parking demand alternative, once built, to maintain an accurate, up-to-date record of the usage of the net floor area for the project, both occupied and vacant, according to type of use. The Director may require this record be provided when the owner or manager applies for a new land use or development approval for the subject parcel.
      2. Special Shared Parking Study.
        1. As an alternative to the methodology in Table 4-9.2.6A, Shared Parking, an applicant may submit a special study to demonstrate that the parking required to serve mixed uses is less than the total of the parking requirements for each individual use. The special study shall be undertaken by a qualified traffic engineer, and shall:
          1. Review peak parking demand periods for the proposed uses during a 24-hour weekday and each weekend day, and propose a required number of parking spaces based on the combined peak hour demand for parking.
          2. Provide data on the following:
            1. The sensitivity of the proposed uses to change. For example, a center with no restaurant could have significant changes in parking if a restaurant was added.
            2. Similar mixes of uses in other areas of the community.
            3. Degree of variability of parking for individual uses (average, range, and standard deviation).
        2. The City may require a reserved open area if it believes that the risk of parking needs changing over time so warrants. Once the project is occupied and well established, if there is a surplus of parking, the applicant may petition for additional development capacity and parking using the reserved area.
      3. Shared Parking Among Users Under Different Ownership. When a shared parking reduction is to be applied to uses on several lots under different ownership, the following shall be provided:
        1. A plan that provides for interconnected lots;
        2. Recorded easements that provide, at a minimum, for:
          1. Cross-access among the parking areas and connections to permit parking by the different uses anywhere in the connected properties;
          2. Allocation of maintenance responsibilities;
          3. A pedestrian circulation system that connects uses and parking areas, making it easy and convenient to move between uses; and
          4. A right of enforcement by the City.

    Effective on: 1/1/1901

    Sec. 4-9.3.1 Parking Design for Residential Uses
  • Parking Space Design for Single-Family Residential Uses. Parking spaces for single family attached and detached residential uses, live-work units, and manufactured homes within a manufactured home park or subdivision that are located in private garages, carports, or individual driveways are not required to be marked. A person may not park a motor vehicle in the front yard or side yard of a residential property, except in a driveway or on an improved surface as listed below. The total area designated for parking shall not exceed 35% of the front and/or side yard area. An area on a private residential lot is considered a parking space if:
    1. The area is at least 9 feet by 19 feet in dimension;
    2. The area does not encroach upon a public sidewalk;
    3. The area is  surfaced with asphalt, concrete, or other material as approved in Section 4-9.3.4; and
    4. The area is accessible from the street. (See Figure 4-9.3.1, Private Residential Parking Spaces.)
  • Figure 4-9.3.1
    Private Residential Parking Spaces
    1. Parking Design of Multi-Family Residential Uses. Parking spaces for townhomes and multi-family and multiplex dwellings shall meet the requirements of Section 4-9.3.2, Parking Design for Nonresidential Uses.
    2. Guest Parking. In residential districts, guest parking in excess of the minimum parking requirements may be permitted in platted guest parking islands within enlarged cul-de-sacs. However, in no case shall the required parking be located within a guest parking island.

    Effective on: 1/15/2018

    Sec. 4-9.3.2 Parking Design for Nonresidential Uses
  • Access to Street. Parking lots shall be designed so that vehicles will exit onto a public street in a forward direction. Parking spaces shall not back directly onto a public street.
  • Maneuvering Space. Parking lots shall be designed so that vehicles may exit a parking space with no more than two maneuvers. A maneuver is defined as each motion in either a forward or backward direction. Unless approved by the Director, no space may be allowed that requires a vehicle to be maneuvered on the public sidewalk in order to exit. All spaces must be designed to be entered in one maneuver.
  • Parking Lot Design. Expansive surface parking lots shall be avoided through design of smaller parking modules that are separated by landscaped medians, vegetated swales, bio-swales, rain gardens, earthen berms, pedestrian walkways, and other landscape surfaces that are integrated as part of the site drainage system.
  • Ingress and Egress. Landscaping, curbing, and other approved barrier shall be provided along the boundaries of parking lots to manage site ingress and egress. All off-street parking areas shall be designed so that all movement onto a public street is in a forward motion.
  • Drainage. Parking lots shall be designed so as not to drain into or across public sidewalks or onto adjacent property, except into a natural watercourse or drainage easement. In developed areas where this requirement may be impractical, the City Engineer may exempt this requirement in favor of an acceptable alternative, provided adequate provision is made for site drainage.
  • Lighting. Adequate lighting shall be provided as set out in Division 4-11.1, Lighting. Equipment for lighting off-street parking lots shall be arranged and located so as not to interfere with traffic or adjoining residential districts or uses, as applicable.
  • Landscaping. Landscaping of off-street parking lots shall be provided as set out in Article 10, Landscaping and Buffering.
  • Temporary Parking Lots. Parking lots that are approved and installed on a temporary basis, for a maximum period of six months, in order to accommodate the parking generated by a temporary use shall meet the parking space, access, and maneuvering dimensional requirements of this Section. Such temporary parking lots shall have an all-weather, dust-free surface.
  • Dimensions of Standard Parking Spaces. Parking spaces shall have the following dimensions.
    1. Standard. Generally: 9’ width x 19’ depth standard, provided that up to a maximum of 10 percent of the required parking spaces may be reduced to 8.5’ x 18’. Any spaced in excess of the required spaces shall be the standard dimensions.
    2. 90-degree. 90-degree parking spaces that abut a curb or the edge of pavement (allowing for a minimum two foot overhang): 9’ width x 16’ depth. (See Figure 4-9.3.2A, Parking Space Dimensions.)
    3. Parallel. Parallel (0 degree) parking spaces: 9’ width x 24’ depth
  • Figure 4-9.3.2A
    Parking Space Dimensions
    1. Parking Space Markings. All standard and disabled parking spaces that are located in parking lots with 10 or more spaces or provided on a street provided by the developer shall be clearly marked by painted lines, curbs, or other means to indicate individual spaces, drive aisles, and fire or loading zones.
    2. Traffic Control Devices. All traffic control devices (signs, marking, and signals) shall conform to the Manual on Uniform Traffic Control Devices, latest edition.
    3. Vertical Clearance. A vertical clearance of not less than eight feet shall be provided over all parking spaces. Additional clearance shall be provided for larger vans, sports utility vehicles, and light trucks that require such clearance if parking demand from such vehicles is anticipated. All parking garage entrances shall include an overhead bar to alert oversized vehicles regarding clearance.
    4. Parking Module Dimensions. Parking modules shall be dimensioned as shown in Table 4-9.3.2, Parking Module Dimensions. The dimensions that are set out in the table are illustrated in Figure 4-9.3.2B, Parking Module Measurements.
    Table 4-9.3.2
    Parking Module Dimensions
    MeasurementParking Space Angle
    0o / Parallel Parking45o60o90o
    One Stall Row, One-Way Aisle
    Stall Row Depth8’20’ 7”20’1”19’
    Drive Aisle Width13’ 2”13' 10”14’5”22’
    Minimum Module Width (row & aisle)21’ 2”34’ 5”34’6”41’
    Two Stall Rows, One-Way Aisle
    Stall Row Depth16’41’ 1”40’2”38’
    Drive Aisle Width13’ 2”13’ 1”14’5”22’
    Minimum Module Width (row & aisle)29’ 2”54’ 2”54’7”60’
    One Stall Row, Two-Way Aisle
    Stall Row Depth8’20’ 7”20’ 1”19’
    Drive Aisle Width23’ 3”20’22’25’
    Minimum Module Width (row & aisle)31’ 3”40’ 7”42’1”44’
    Two Stall Rows, Two-Way Aisle
    Stall Row Depth16’41’ 1”40’2”38’
    Drive Aisle Width23’ 3”20’24’25’
    Minimum Module Width (row & aisle)39’ 3”61’ 1”64’2”63’
    Table 4-9.3.2
    Parking Module Dimensions
    MeasurementParking Space Angle
    0o / Parallel Parking45o60o90o
    One Stall Row, One-Way Aisle
    Stall Row Depth8’20’ 7”20’1”19’
    Drive Aisle Width13’ 2”13' 10”14’5”22’
    Minimum Module Width (row & aisle)21’ 2”34’ 5”34’6”41’
    Two Stall Rows, One-Way Aisle
    Stall Row Depth16’41’ 1”40’2”38’
    Drive Aisle Width13’ 2”13’ 1”14’5”22’
    Minimum Module Width (row & aisle)29’ 2”54’ 2”54’7”60’
    One Stall Row, Two-Way Aisle
    Stall Row Depth8’20’ 7”20’ 1”19’
    Drive Aisle Width23’ 3”20’22’25’
    Minimum Module Width (row & aisle)31’ 3”40’ 7”42’1”44’
    Two Stall Rows, Two-Way Aisle
    Stall Row Depth16’41’ 1”40’2”38’
    Drive Aisle Width23’ 3”20’24’25’
    Minimum Module Width (row & aisle)39’ 3”61’ 1”64’2”63’
    Table 4-9.3.2
    Parking Module Dimensions
    MeasurementParking Space Angle
    0o / Parallel Parking45o60o90o
    One Stall Row, One-Way Aisle
    Stall Row Depth8’20’ 7”20’1”19’
    Drive Aisle Width13’ 2”13' 10”14’5”22’
    Minimum Module Width (row & aisle)21’ 2”34’ 5”34’6”41’
    Two Stall Rows, One-Way Aisle
    Stall Row Depth16’41’ 1”40’2”38’
    Drive Aisle Width13’ 2”13’ 1”14’5”22’
    Minimum Module Width (row & aisle)29’ 2”54’ 2”54’7”60’
    One Stall Row, Two-Way Aisle
    Stall Row Depth8’20’ 7”20’ 1”19’
    Drive Aisle Width23’ 3”20’22’25’
    Minimum Module Width (row & aisle)31’ 3”40’ 7”42’1”44’
    Two Stall Rows, Two-Way Aisle
    Stall Row Depth16’41’ 1”40’2”38’
    Drive Aisle Width23’ 3”20’24’25’
    Minimum Module Width (row & aisle)39’ 3”61’ 1”64’2”63’
    Table 4-9.3.2
    Parking Module Dimensions
    MeasurementParking Space Angle
    0o / Parallel Parking45o60o90o
    One Stall Row, One-Way Aisle
    Stall Row Depth8’20’ 7”20’1”19’
    Drive Aisle Width13’ 2”13' 10”14’5”22’
    Minimum Module Width (row & aisle)21’ 2”34’ 5”34’6”41’
    Two Stall Rows, One-Way Aisle
    Stall Row Depth16’41’ 1”40’2”38’
    Drive Aisle Width13’ 2”13’ 1”14’5”22’
    Minimum Module Width (row & aisle)29’ 2”54’ 2”54’7”60’
    One Stall Row, Two-Way Aisle
    Stall Row Depth8’20’ 7”20’ 1”19’
    Drive Aisle Width23’ 3”20’22’25’
    Minimum Module Width (row & aisle)31’ 3”40’ 7”42’1”44’
    Two Stall Rows, Two-Way Aisle
    Stall Row Depth16’41’ 1”40’2”38’
    Drive Aisle Width23’ 3”20’24’25’
    Minimum Module Width (row & aisle)39’ 3”61’ 1”64’2”63’
    Figure 4-9.3.2B
    Parking Module Measurements
    Illustrative dimensions for two stall row parking module (below)
    Illustrative dimensions for one stall row parking module (below)
    Figure 4-9.3.2B
    Parking Module Measurements
    Illustrative dimensions for two stall row parking module (below)
    Illustrative dimensions for one stall row parking module (below)
    Figure 4-9.3.2B
    Parking Module Measurements
    Illustrative dimensions for two stall row parking module (below)
    Illustrative dimensions for one stall row parking module (below)
    Figure 4-9.3.2B
    Parking Module Measurements
    Illustrative dimensions for two stall row parking module (below)
    Illustrative dimensions for one stall row parking module (below)
    1. Parking Lot Setbacks. Off-street parking lots shall be set back from the street right-of-way to accommodate required bufferyards as set out in Section 4-10.3.2, District Bufferyard Standards. (See Figure 4-9.3.2C, Parking Lot Setback). Parking and loading spaces, drive aisles, and vehicular maneuvering areas shall not encroach upon or overhang any public street right-of-way, private street easement, access easement, or site ingress or egress.
    Figure 4-9.3.2C
    Parking Lot Setback
    1. Central Business District Parking. Within the Central Business District, off-street parking is not required. On-street parking is to be shared and may not be allocated to individual owners or businesses unless a valet parking agreement, in a form and of content to the satisfaction of the City Attorney, is approved by the Planning Commission. Parking in the CBD shall conform to the Design Guidelines for Downtown Florence, as amended from time to time.

    Effective on: 1/15/2018

    Sec. 4-9.3.3 Off-Street Loading
  • Generally. All uses shall provide off-street loading as required by Division 4-9.2, Required Parking and Loading. Loading spaces shall be designed as provided in this Section.
  • Design of Loading Spaces. Loading spaces shall be designed as follows:
    1. The dimensions of required loading spaces shall depend upon whether the use will be served by semi-trailers. Commercial retail, heavy retail, and industrial uses that are larger than 40,000 square feet shall be presumed to require semi-trailer loading unless the applicant demonstrates otherwise.
    2. Minimum width of loading bay (side to side): 12 feet.
    3. Minimum length of loading bay (front to back):
      1. For semi-trailers: 60 feet.
      2. All other loading spaces: 35 feet.
    4. Minimum vertical clearance: 14 feet.
  • Use of Right-of-Way. Where off-street loading areas are required, at no time shall any part of a truck or van be allowed to extend into a public street or alley right-of-way, private access easement, or sidewalk while the truck or van is being loaded or unloaded. This Subsection does not apply in the Central Business District (CBD) of the Activity Center (AC) District.
  • Maneuvering Space. Adequate off-street truck maneuvering space shall be provided on lot (and not within any public street right-of-way or other public property), so that trucks can maneuver to the docking area.
  • Location. All loading areas shall be located on the same lot as the building or lot served by the loading area, except in the Central Business District (CBD) and Activity Center (AC) District.
  • Buffering. Semi-trailer loading spaces and loading docks shall be located behind buildings and screened from view from adjacent properties and public rights-of-way. Truck access and loading areas that are located between a principal building and property that is used or zoned for residential purposes shall comply with the following additional standards:
    1. The length of the loading area shall be screened by a bufferyard that has one level more opacity (e.g., from a "Type B" bufferyard to a "Type C" bufferyard) than required by the district boundary and contains an eight-foot tall masonry wall; or
    2. The loading area is enclosed by a roof and a wall between the building and the district boundary line (a "loading shed"). The buffer between the loading shed and the district boundary line may be reduced by one level of opacity adjoining the loading shed, and may be the district standard elsewhere.
  • Fire Exit or Emergency Access. Off-street loading facilities shall be designed so as not to interfere with any fire exits or emergency access facilities to either a building or site.
  • Effective on: 1/1/1901

    Sec. 4-9.3.4 Surfacing and Maintenance of Off-Street Parking Areas
  • Surfacing. Off-street parking areas shall be surfaced as follows:
    1. In general, off-street parking areas that are required to have more than five parking spaces shall be graded and surfaced with a material approved by the City Engineer that will protect against potholes, erosion, and dust.
    2. The City Engineer may permit the use of less durable, permeable surfaces (such as grass pavers, pervious asphalt or concrete, paving blocks, crushed stone, gravel, or another approved surface material) for surface areas that serve as storage and display areas, where permitted, as well as approved areas of off-street parking lots that are designed for low-turnover uses or overflow parking, provided that:
      1. Permeable pavement systems cannot be used on sites where there is or may be a likelihood for high oil and grease concentrations, including but not limited to the following uses: automotive sales, rental and service establishments; automotive repairs, heavy or light; and parking lots with greater than 1,000 average daily trips.
      2. If the surface is intended to support vehicles, permeable pavement areas must be designed and constructed in accordance with the industry standard of the proposed use.;
      3. The perimeter of such parking areas is defined by bricks, stones, curbs, or other similar materials;
      4. Surfaces with loose materials are set back at least 25 feet from a public street; and
      5. The material does not generate inordinate amounts of dust.
  • Credit for Permeable Pavement. For each one percent of the total required parking surface that is constructed of permeable pavement, in approved locations, the ratio of parking lot landscape islands to parking spaces set out in Section 4-10.2.3, Parking Lot Landscaping will be reduced by one space per island. Set out in Table 4-9.3.4, Credit for Use of Permeable Pavement, is an example of how the credit may be applied. The maximum ratio that may be achieved is 1:20.
  • Table 4-9.3.4
    Credit for Use of Permeable Pavement
    Percent of Permeable Pavement Ratio of Landscape Islands per Parking Spaces
    0% 1:10
    1% 1:11
    2% 1:12
    3% 1:13
    4% 1:14
    5% 1:15
    6% 1:16
    7% 1:17
    8% 1:18
    9% 1:19
    10% 1:20
    1. Maintenance. Off-street parking surfaces and traffic control devices shall be kept in good condition (e.g., clean, orderly, dust-free and weed-free) and parking space lines or markings on hard-surfaced lots shall be kept clearly visible and distinct.

    Effective on: 1/1/1901

    Sec. 4-9.3.5 Use of Parking and Loading Areas
  • Storage Prohibited.
    1. Required off-street parking spaces shall be available for operable passenger vehicles of the residents, customers, patrons, and employees of the use to which they relate.
    2. Storing or displaying materials, boats, campers, recreational vehicles, or inoperable vehicles, or parking trucks or trailers is prohibited in parking areas, unless:
      1. The outdoor storage or display use is permitted in the applicable zoning district and approved for the subject property;
      2. The areas that are set aside for such parking are not counted towards the parking requirements for the use, as set out in Division 4-9.2, Required Parking and Loading; and
      3. The areas that are set aside for such parking comply with the requirements for outdoor storage and display (e.g., buffering or screening, location, size of area, etc.).
    3. The long-term storage of trailers in loading spaces is prohibited. Such spaces shall be available for routine use by delivery vehicles.
    4. Trash enclosures, dumpsters, and transformers shall not be located in parking areas in locations that interfere with circulation or use of parking spaces.
  • Vehicle Work Prohibited. No vehicle work of any kind or nature is permitted within off-street parking lots or parking garages.
  • Blocking Access Prohibited.
    1. Blocking loading or parking spaces is prohibited.
    2. Loading or parking spaces shall not be designed or located in a manner that blocks access to other loading spaces, parking spaces, drive aisles, fire lanes, ingress or egress points, or building entrances. However, tandem parking spaces may be used in valet lots.
    3. Parking within a driveway approach or across public sidewalks is prohibited.
  • Sales. The sale of goods in a parking lot is prohibited, except when the applicable requirements for temporary sales, as set out in Division 1-2.9, Temporary Uses, are met
  • Effective on: 1/1/1901

    Sec. 4-10.1.1 Purpose and Intent
  • Purpose. The City recognizes that landscaping and trees enhance the appearance of vehicular use areas and development abutting rights-of-way, promote aesthetic quality, moderate the heat island effect, and reduce storm water runoff. Landscaping also safeguards property values, protects public and private investments, and promotes quality development. In bufferyards, landscaping mitigates conflicts between uses and minimizes the effects on the surrounding environment due to noise, dust, debris, artificial light intrusions, and other impacts on an adjoining or nearby use. The purpose of this Article is to provide the detailed landscaping standards for all development, including landscaping for lots and buildings, open spaces, parking lots, and along streets, as well as bufferyards within and between developments. It also contains standards for installing and maintaining landscaping materials.
  • Intent. In establishing these standards and requirements, it is the City’s intent to promote and preserve the appearance and character of the community, increase the compatibility between land uses, and improve the health and quality of life of the residents of the City through the protection of specified trees located on property within the City and the public rights-of-way.
  • Effective on: 1/1/1901

    Sec. 4-10.1.2 Applicability
  • Generally. This Section requires two general types of landscaping: development landscaping, which is the subject of Division 4-10.2, Development Landscaping; and bufferyards, which are the subject of Division 4-10.3, Bufferyards, as follows:
    1. Development Landscaping. There are four types of development landscaping including:
      1. Lot and building landscaping;
      2. Open space landscaping;
      3. Parking lot landscaping; and
      4. Street trees.
    2. Bufferyard Landscaping. Bufferyards are required based on the zoning, development type, or right-of-way type that abuts proposed development. Generally, bufferyards must be provided as required by Division 4-10.3, Bufferyards although other sections of this Unified Development Ordinance may require additional buffering, e.g., Division 1-2.8, Conditional and Permitted Special Exception Use Standards. Bufferyards may be required along:
      1. District boundaries;
      2. Street and railroad rights-of-way;
      3. Boundaries of parking lots.
  • Applicability of Standards. Except as provided in Subsection C., below, the standards of this Article apply to all new development, major redevelopment, or substantial improvements, and where specifically indicated, to existing sites or buildings. The application of this Article may be limited by Article 23, Nonconformities.
  • Exceptions. The following are exceptions to the standards of this Article:
    1. Individual lots of record that are used for existing single-family or two-family dwellings.
    2. Modifications to nonresidential buildings where the redevelopment does not expand the use by more than  35 percent.
  • Calculations. No area of a parcel proposed for development shall be counted more than once for the purposes of applying landscaping requirements.
  • Effective on: 1/15/2018

    Sec. 4-10.2.1 Lot and Building Landscaping
  • General.
    1. Lot landscaping is required on lots within new residential subdivisions. This Section does not apply to existing single-family detached or duplex lots.
    2. Building landscaping or hardscaping is required around nonresidential, mixed-use, and multi-family buildings, except in the Central Business District (CBD).
    3. Required bufferyards, parking lots, designated open space tracts, and parkways used for street tree planting are not counted as areas where lot or building landscaping is required.
  • Lot Landscaping.
    1. Generally. Lot landscaping is required as set out in Table 4-10.2.1A, Lot Landscaping Requirements. Plant material shall conform to American Standard for Nursery Stock (ANSI Z60.1-2004)
  • Table 4-10.2.1A
    Lot Landscaping Requirements
    Lot Width
    Less than 50’50’ to 80’80’ +
    1 canopy tree per lot2 canopy trees3 canopy trees, at least one must be in front yard
    Table 4-10.2.1A
    Lot Landscaping Requirements
    Lot Width
    Less than 50’50’ to 80’80’ +
    1 canopy tree per lot2 canopy trees3 canopy trees, at least one must be in front yard
    Table 4-10.2.1A
    Lot Landscaping Requirements
    Lot Width
    Less than 50’50’ to 80’80’ +
    1 canopy tree per lot2 canopy trees3 canopy trees, at least one must be in front yard
    Table 4-10.2.1A
    Lot Landscaping Requirements
    Lot Width
    Less than 50’50’ to 80’80’ +
    1 canopy tree per lot2 canopy trees3 canopy trees, at least one must be in front yard
      1. Substitution of Trees. Understory trees may be substituted for canopy trees if the dimensions of the lot are such that the canopy trees would not have room to grow to a full canopy without conflicting with buildings or each other. For the purposes of this substitution, one canopy tree equals two understory trees.
      2. Ground Covers and Sod. Areas of residential lots that are not covered by buildings, driveways, swimming pools, or other impervious surfaces shall be sodded or planted with permitted groundcovers, unless they are covered by woodlands or other natural areas.
    1. Building Landscaping
      1. Generally. Multifamily and nonresidential buildings shall be surrounded by planting areas or sidewalks with a minimum width as set out in Table 4-10.2.1B, Building Landscaping Requirements. Planting areas count towards the landscape surface ratio set out in Table 2-6.1.1, Nonresidential and Mixed Use Lot and Building Standards.
    Table 4-10.2.1B
    Building Landscaping Requirements
    DistrictMinimum Radius Around Building
    Front and Street SideSideRear
    CR, CA, CG, AC, DS, IL, IH6’15’3’
    RE, RS, RG, RU, NC5’5’
    CBD, AC3’20’
    TABLE NOTES:
    Where planting areas are required, they may be crossed by sidewalks or sidewalks may be placed on either side of the planting area to provide access to the building.
    1 This also applies to public, institutional, and nonresidential buildings in the Residential Districts (RE, RS, RG, RU, and NC).
    2 In these districts, the required front or street side yard landscaping may be met with tree wells, planters, and landscaped plazas.
    RE (Estate Residential), RS (Suburban Residential), RG (General Residential), RU (Urban Residential), NC (Neighborhood Conservation), CR (Commercial Re-use), CA (Campus), CG (Commercial General), CBD (Central Business District), AC (Activity Center), DS (Destination / Select Use), IL (Light Industrial), IH ( Heavy Industrial)
      1. Awnings and Roof Overhangs. Awnings and roof overhangs may extend over building landscaping provided sufficient irrigation is provided to the planting area.
      2. Location. The planting areas are not required in areas that are designed for direct vehicular access to the building, such as loading bays, service bays, and drive-through lanes on the side of the building with the service window, but shall be installed adjacent to the building foundation and between parking and vehicular use areas and the building. See Figure 4-10.2.1, Building Landscape Planting Areas.
    Figure 4-10.2.1
    Building Landscape Planting Areas
        1. Required Planting.
          1. Front and Street Side.    For each 50 linear feet, one (1) understory tree and ten (10) shrubs shall be planted within the front and street side planting areas. Shrubs shall be planted in a continuous row or at intervals of not more than five feet on center (o.c.) or they may be designed in groupings, if equal or greater numbers of plants are used. All plant material shall conform to American Standard for Nursery Stock (ANSI Z60.1-2004). All remaining areas shall be in groundcover, which may include sod, mulch, or perennial or seasonal plantings. Wet ponds with fountains, vegetated rain gardens, naturalized wetlands, and/or xeriscape gardens may be used in lieu of or together with the required shrubbery and groundcover. Sculptures, monuments, and other public art installations are encouraged, subject to a recommendation of the Director and approval of the Planning Commission.
          2. Side.   For each 25 linear feet, one (1) understory tree and four (4) shrubs shall be planted with a minimum spacing of ten feet on center for trees and five feet on center for shrubs, which may be designed in groupings if equal or greater numbers of trees or shrubs are used. All remaining areas shall be in groundcover, which may include sod, mulch, or perennial or seasonal plantings.
          3. Rear. A rear planting area that is adjacent to a drive-through lane or a parking lot shall meet the requirements of 4.b. above. All other rear planting areas shall be in groundcover, which may include sod, ornamental grasses, mulch, or perennial or seasonal plantings.
        2. Substitution. Trees may be substituted for shrubs in areas where there is sufficient room for the healthy growth and stability of the tree. Substitution of trees for shrubs shall be at a rate of one understory or evergreen tree per four shrubs.
        3. Alternate Plans.   The Planning Director, or a designee, may consider alternate locations for the front, side and rear plantings as required within the above section 4.a., 4.b. and 4.c. at the request of the applicant. Upon approval, the required plantings may be placed within the Parking Lot Landscaping and/or Open Space Landscaping requirements. The Building Landscape planting requirements do not substitute or replace the requirements for the Parking Lot or Open Space planting requirements.

      Effective on: 1/15/2018

      Sec. 4-10.2.2 Open Space Landscaping
    • Generally. Open space landscaping shall be installed on designated open space tracts. Open space tracts include all areas that are set aside pursuant to the required open space ratio, or otherwise designated as commonly-owned open space even if not required by this Unified Development Ordinance.
    • Exceptions.
      1. General Exceptions. The area to which open space landscaping requirements applies does not include any open spaces that are in the following categories:
        1. Areas that are not dedicated as open space tracts or under common ownership by a property owners' association.
        2. Areas within required bufferyards, even if commonly-owned, that meets the requirements of Division 4-10.3, Bufferyards.
        3. Areas within 15 feet of ball fields, playing courts, and similar play areas (including bleachers or seating areas for spectators), which are designed to be free of trees and landscaping. However, where the perimeter of an active recreation area is within 30 feet of one or more residential lots, the perimeter shall be planted with a Type C Bufferyard. (See Section 4-10.3.1, Standard Bufferyards.)
        4. Parking areas for recreation facilities in the open space.
        5. Waterbodies and wet detention basins.
        6. Wooded areas that are designated as open space tracts. For the purposes of identification, the boundaries of the wooded areas follow the canopy line.
      2. Limited Exceptions. The area within wetlands dedicated as open space is not required to be landscaped. Landscaping installed near wetlands shall be composed of species that are tolerant of a high water table.
    • Planting Requirements.
      1. Generally. It is preferred that open space be landscaped with five canopy trees per acre. Plant material shall conform to American Standard for Nursery Stock (ANSI Z60.1-2004).
      2. Substitution. Understory or evergreen trees may be substituted for canopy trees if the dimensions of the open space tract are such that the canopy trees would not have room to grow to a full canopy without conflicting with buildings or each other. For the purposes of this substitution, one canopy tree equals two understory trees or 1.5 evergreen trees.
      3. Ground Cover. At a minimum, open space areas shall be planted with ground covers to prevent erosion and windblown dust. Mulch may be used in areas under the canopy of trees and in beds in which shrubs are planted.
      4. Distribution. Open space landscaping shall be distributed around the area of open space to serve the following priorities, in order to:
        1. Give trees adequate room for healthy growth and stability;
        2. Enhance the landscaping's contribution to the ecological or buffering function of the open space tract (e.g., prevent erosion, buffer streams, or buffer land uses from each other); and
        3. Contribute to the aesthetics of the parcel proposed for development and adjacent streets.
    • Effective on: 1/1/1901

      Sec. 4-10.2.3 Parking Lot Landscaping
    • Generally. Parking lot landscaping is required within and around parking lots that contain 10 or more parking spaces for all multi-family, nonresidential, and public and institutional development. Plant material shall conform to American Standard for Nursery Stock (ANSI Z60.1-2004).
    • Parking Lot Landscape Areas. As illustrated by Figure 4-10.2.3A, Ratios of Landscape Islands, landscaping is required in all of the following areas:
      1. At the ends of parking aisles, planted in islands that are not less than nine feet wide by 38 feet long, with a curb radii on the side that faces outward from the parking aisle equal to the width of the island.
      2. In the middle of single and double parking rows, planted in interior landscape islands that are not less than nine feet wide by 19 feet long (single row) or 38 feet long (double row), with five foot curb radii, at the ratios set out in Table 4-10.2.3, Ratio of Landscape Islands. Refer to Appendix C, Planting Details
      3. At the corners of parking lots, planted in corner islands, which is the area defined by the extension of the edges of intersecting parking modules.
    • Table 4-10.2.3
      Ratio of Landscape Islands
      District Ratio of Landscape Islands per Parking Spaces
      CR, CA, CG, AC, CBD, AC, DS, IL, IH 1:201
      RE, RS, RG, RU, NC 1:8
      TABLE NOTE:
      1See Table 4-9.3.4, Credit for Use of Permeable Pavement
      RE (Estate Residential), RS (Suburban Residential), RG (General Residential), RU (Urban Residential), NC (Neighborhood Conservation), CR (Commercial Re-use), CA (Campus), CG (Commercial General), CBD (Central Business District), AC (Activity Center), DS (Destination / Select Use), IL (Light Industrial), IH ( Heavy Industrial)
      Figure 4-10.2.3A
      Ratios of Landscape Islands
      1. Planting Requirements. Parking lot landscape islands shall be provided at the maximum ratios described in Table 4-10.2.3, Ratio of Landscape Islands, and planted as follows:
        1. Each interior and endcap island shall be planted with a minimum of:
          1. One canopy tree or two understory or evergreen trees; and
          2. Groundcover, which may be sod or shrubs, ornamental grasses, or perennials that are planted at intervals of not less than three feet in a bed of mulch (e.g. pine straw or bark, shredded hardwood, etc.).
        2. Each parking lot corner shall be planted with two canopy trees or three understory or evergreen trees, unless such plantings would interfere with sight distances that are required for safe ingress to and egress from the parking lot.
        3. Decorative pavers or stamped and dyed concrete may be used as an alternative to the required groundcover for up to 20 percent of the required landscape islands. The color of tinted or dyed concrete shall be integrally mixed into and not spread on top of the materials. If pavers or stamped, dyed concrete is used, it shall provide a natural area that is no less than 12 square feet around the base of required trees.
        4. Planted landscape islands shall have soil that is contiguous with the natural ground and shall not be filled with concrete, asphalt, or other impervious surfaces.
      2. Alternative Ratio. The maximum ratio may be modified as follows:
        1. The maximum ratio may be increased up to 25 percent (e.g., one island per 20 spaces may be increased to one island per 25 spaces) to accommodate landscape islands that preserve existing trees, provided that:
          1. The trees are healthy, non-invasive, and at least five years old; and
          2. The landscape island is large enough to maintain the health of the tree.
        2. The maximum ratio may be waived where parking modules are separated by a linear landscape island with a minimum width of eight feet, provided that at least five feet of the width of the linear island is landscaped (other areas may be curb or sidewalk) with trees that are appropriate for street tree use, planted at intervals of not less than 50 feet on center. To protect trees, wheelstops shall be added to parking places that are near or adjacent to trees. Endcap islands that are divided by landscape strips shall be planted with two canopy trees or four understory or evergreen trees. (See Figure 4-10.2.3B, Linear Landscape Island.)
      Figure 4-10.2.3B
      Linear Landscape Island
      1. Use of Islands for Stormwater Treatment. To the maximum extent practicable, landscape islands shall be designed to incorporate storm water runoff best management practices (BMPs), by incorporating vegetated swales, bio-infiltration, bio-retention cells (rain gardens), porous materials, and other types of water quality measures, as approved by the Director. These areas may be required to exceed the minimum areas required by this Section in order to function properly.
      2. Infiltration Areas. Parking lots shall be set back from property lines the distance required to meet the bufferyard standards set out in Division 4-10.3, Bufferyards or 10 feet, whichever is greater. Parking lots that are adjacent to street rights-of-way shall be set back as set out in Table [@@139], Bufferyard Requirements for Streets and Railroads. These parking lot setbacks contribute to the required minimum landscape surface areas set out in Table 2-6.1.1, Nonresidential and Mixed Use Lot and Building Standards. However, these setbacks may be reduced by 20 percent as an incentive for incorporating storm water runoff BMPs, such as those listed in E., above. Provided BMPs are integrated and approved, these reduced setbacks shall be approved without affecting the required minimum landscape surface calculations.

      Effective on: 1/1/1901

      Sec. 4-10.2.4 Street Trees
    • Generally. Plant materials shall conform to American Standard for Nursery Stock (ANSI Z60.1-2004). Street trees shall be planted in the following circumstances:
      1.    Along both sides of all streets in the Commercial Re-use (CR), Campus (CA), Commercial General (CG), Central Business District (CBD), Activity Center (AC), Destination/Select Use (DS) districts,  Light Industrial (IL), and Heavy Industrial (IH) (except where the street is an existing street without room for the installation of street trees);
      2. Along both sides of new streets in other districts where there is sufficient right-of-way width to accommodate the street tree lawn; and
      3. Along existing rights-of-way where a street tree lawn is present and the entity responsible for the right-of-way authorizes the improvement.
    • Street Tree Requirements. Street trees shall be provided in street tree lawns or tree grates in sidewalks as follows:
      1. Along new streets that are created on a parcel proposed for development;
      2. In medians that are created on a parcel proposed for development;
      3. In medians that are constructed near a parcel proposed for development in order to manage the traffic impacts of the development, provided that the medians:
        1. Are of sufficient width to accommodate the root system;
        2. Are backfilled with planting soil or another materials approved by the Director, as detailed in Appendix C, Planting Details.
        3. Are maintained by the property owners' association of the development that provides the median; and
        4. The installation of street trees in the median would not be detrimental to public safety.
    •       4. Along existing rights-of-way where a street tree lawn is present and the entity responsible for the right-of-way authorizes the improvement.

       

      C.  Planting Requirements.

      1. Calculating the requirement: street tree requirements are as follows:

      • Overhead utilities present - One small maturing tree (less than 35 feet in height at maturity) for every 30 linear feet of property abutting a street.
      • All other conditions - One large maturing tree (greater than 35 feet in height at maturity) for every 40 linear feet of property abutting a street.

      2. At least one canopy tree is required in landscaped islands that are in the center of cul-de-sacs;

      3. Only approved species of trees shall be planted. A list of approved tree species is within Appendix C, Planting Details.

      4. The minimum tree size shall be two and one-half (2½) inches in caliper upon planting;

      5. Trees for an entire block shall be planted at one time;

      6. Street trees shall be located in such a manner to minimize damage to streets, sidewalks, drainage installations, and utility installations;

      7. Trees shall be planted in accordance with recognized horticultural guidelines, which shall have the following minimum soil volumes:

      a. Canopy or evergreen tree: 1,000 cubic feet; or

      b. Understory tree: 600 cubic feet.

      8. Street trees shall bemaintained in a healthy manner through the first growing season following planting.

      9. Before development approval and planting, the applicant shall provide a written guarantee for replacing street trees that are no longer in good health after the first growing season. A written guarantee provided by the developer /applicant shall provide for replacement of diseased or dead trees, and shall include escrow for 125 percent of the cost of replacement trees and installation. Escrow which remains after the first growing season and after inspection and acceptance will be refunded to the applicant.

      D. Alternatives. In lieu of street trees, one of the following alternatives may be used to comply with the street tree requirements, provided they meet the standards of this Section. If the standards of this Section are not met or only partially met, street tree plantings necessary to meet the full requirements shall be planted. The acceptable alternatives are as follows:

      1. Acceptable pre-existing trees fronting or within no more than 20 feet of proposed streets may be maintained in lieu of planting street trees. While such pre-existing trees are not required to meet all of the standards of newly planted street trees, the following minimum criteria apply:

      a. The spacing and species of trees must be acceptable to the Director;

      b. The number of pre-existing street trees shall equal or exceed the number of trees required by this Section; and

      c. Trees must exhibit good health and must be adequately protected with barricades that are under the drip line of each tree during construction in accordance with recognized horticultural guidelines and as set out in Division 4-10.4, Tree Preservation, Credit, and Replacement. See Appendix C, Planting Details.

      2. In residential subdivisions, pre-existing stands of trees (at least 2.5" in caliper) that are maintained on 75 percent of the lots or the area of the proposed development may be maintained in lieu of planting street trees.

      3. Landscaping provided as part of site plan or subdivision design that meets the other development and bufferyard landscaping requirements (e.g., lots and buildings, open spaces, and parking lots) set out in this Article and which also meet the requirements of this Section may be used in lieu of planting street trees.

      E. Guarantees and Timing. The applicant shall cause street trees to be provided as shown on approved plans.

      1. If the required street trees are not present at the time of final plat recordation, the applicant must provide financial guarantees to ensure installation as outlined in Section 4-10.6.3, Deferred Installation and Surety; and

      2. All required street trees shall be planted within two years of the final plat recordation.

      Effective on: 1/15/2018

      Sec. 4-10.3.1 Bufferyard Standards
    • Generally. The bufferyards that are required by this Division are based on the amount of screening they provide. Bufferyards are classified from less screening (Type A) to more screening (Type E).
    • Bufferyard Types. There are five types of bufferyards, each of which vary in width and the numbers and types of plants required per 100 linear feet. The minimum planting requirements for each type and composition of bufferyard are set out in Table 4-10.3.1, Bufferyard Classifications, except that parking bufferyards are set out in Section 4-10.3.4, Bufferyards for Parking Lots and Vehicular Use Areas.
    • Table 4-10.3.1
      Bufferyard Classifications
      TypeWidthRequired Plantings per 100 Linear FeetHeight of Berm, Wall, or Fence
      Canopy TreesUnderstory TreesEvergreen TreesShrubs
      Type A5’11110-
      Type B10’22220-
      Type C25’333303’
      Type D40’333306’
      Type E50’444406’
      Table 4-10.3.1
      Bufferyard Classifications
      TypeWidthRequired Plantings per 100 Linear FeetHeight of Berm, Wall, or Fence
      Canopy TreesUnderstory TreesEvergreen TreesShrubs
      Type A5’11110-
      Type B10’22220-
      Type C25’333303’
      Type D40’333306’
      Type E50’444406’
      Table 4-10.3.1
      Bufferyard Classifications
      TypeWidthRequired Plantings per 100 Linear FeetHeight of Berm, Wall, or Fence
      Canopy TreesUnderstory TreesEvergreen TreesShrubs
      Type A5’11110-
      Type B10’22220-
      Type C25’333303’
      Type D40’333306’
      Type E50’444406’
      Table 4-10.3.1
      Bufferyard Classifications
      TypeWidthRequired Plantings per 100 Linear FeetHeight of Berm, Wall, or Fence
      Canopy TreesUnderstory TreesEvergreen TreesShrubs
      Type A5’11110-
      Type B10’22220-
      Type C25’333303’
      Type D40’333306’
      Type E50’444406’
      1. Reduction of Width. The width of a bufferyard may be reduced if the requirements of this Division results in an area of bufferyards that occupies more than 20 percent of the parcel proposed for development. In this circumstance, the bufferyard width may be reduced to a width that results in a maximum bufferyard area of no more than 20 percent of the development. (See also Infiltration Areas in Section 4-10.2.3, Parking Lot Landscaping.)
      2. Minimum Width. No part of a required bufferyard shall be reduced to a width of less than three feet.
      3. Bufferyard Locations. Bufferyards are required in two locations, as follows:
        1. Between districts and mixed uses; and
        2. Around parking and vehicular use areas.

      Effective on: 1/15/2018

      Sec. 4-10.3.2 District Bufferyard Standards
    • Generally. Set out in Table 4-10.3.2, District Bufferyard Standards, is the classification of bufferyard that is required between zoning districts that are not separated by a public street.
    • Interpretation of Table. The table is a matrix in which all districts are shown. Rows show the zoning of the parcel proposed for development, and columns show the zoning of the adjoining land. Two letters are shown for each condition. The bufferyard required for the proposed use is listed first. The letter listed second is the buffer that is required on the adjoining property. Where “-“is found there is no bufferyard required.
    • Table 4-10.3.2
      District Bufferyard Standards
      Zoning of Proposed DevelopmentAdjoining District
      AR/OSRRERSRGRUNCCRCACGCBDACDSILIH
      AR /OSR - / - -/A -/A -/A -/B -/A -/A -/A -/B -/- -/B -/B -/B -/C
      RE A/- - / - -/A -/B -/C -/B -/B -/B -/C -/- -/C -/C -/D -/E
      RS A/- A/- - / - A/A A/B A/A A/B A/C A/C A/B A/C A/C A/D A/E
      RG A/- B/- A/A - / - A/B A/A A/B A/C A/C A/B A/C A/C A/D A/E
      RU B/- C/- B/A B/A - / - C/A -/- -/A -/A -/- A/B A/B A/C A/D
      NC A/- B/- A/A A/A A/C - / - A/B A/C A/C A/B A/C A/C A/D A/E
      CR A/- B/- B/A B/A -/- B/A - / - A/B A/B A/A A/B A/B A/C A/D
      CA A/- B/- C/A C/A A/- C/A B/A - / - A/B -/- -/- -/- A/D A/E
      CG B/- C/- C/A C/A A/- C/A B/A B/A - / - -/- -/- -/- A/C A/D
      CBD -/- -/- B/A B/A -/- B/A A/A -/- -/- - / - -/- -/- A/C A/D
      AC B/- C/- C/A C/A B/A C/A B/A -/- -/- -/- - / - -/- A/C A/D
      DS B/- C/- C/A C/A B/A C/A B/A -/- -/- -/- -/- - / - B/D B/E
      IL B/- D/- D/A D/A C/A D/A C/A D/A C/A C/A C/A D/B - / - A/B
      IH C/ E/- E/A E/A D/A E/A D/A E/A D/A D/A D/A E/B B/A - / -
      RE (Estate Residential), RS (Suburban Residential), RG (General Residential), RU (Urban Residential), NC (Neighborhood Conservation), CR (Commercial Re-use), CA (Campus), CG (Commercial General), CBD (Central Business District), AC (Activity Center), DS (Destination / Select Use), IL (Light Industrial), IH ( Heavy Industrial)
      Table 4-10.3.2
      District Bufferyard Standards
      Zoning of Proposed DevelopmentAdjoining District
      AR/OSRRERSRGRUNCCRCACGCBDACDSILIH
      AR /OSR - / - -/A -/A -/A -/B -/A -/A -/A -/B -/- -/B -/B -/B -/C
      RE A/- - / - -/A -/B -/C -/B -/B -/B -/C -/- -/C -/C -/D -/E
      RS A/- A/- - / - A/A A/B A/A A/B A/C A/C A/B A/C A/C A/D A/E
      RG A/- B/- A/A - / - A/B A/A A/B A/C A/C A/B A/C A/C A/D A/E
      RU B/- C/- B/A B/A - / - C/A -/- -/A -/A -/- A/B A/B A/C A/D
      NC A/- B/- A/A A/A A/C - / - A/B A/C A/C A/B A/C A/C A/D A/E
      CR A/- B/- B/A B/A -/- B/A - / - A/B A/B A/A A/B A/B A/C A/D
      CA A/- B/- C/A C/A A/- C/A B/A - / - A/B -/- -/- -/- A/D A/E
      CG B/- C/- C/A C/A A/- C/A B/A B/A - / - -/- -/- -/- A/C A/D
      CBD -/- -/- B/A B/A -/- B/A A/A -/- -/- - / - -/- -/- A/C A/D
      AC B/- C/- C/A C/A B/A C/A B/A -/- -/- -/- - / - -/- A/C A/D
      DS B/- C/- C/A C/A B/A C/A B/A -/- -/- -/- -/- - / - B/D B/E
      IL B/- D/- D/A D/A C/A D/A C/A D/A C/A C/A C/A D/B - / - A/B
      IH C/ E/- E/A E/A D/A E/A D/A E/A D/A D/A D/A E/B B/A - / -
      RE (Estate Residential), RS (Suburban Residential), RG (General Residential), RU (Urban Residential), NC (Neighborhood Conservation), CR (Commercial Re-use), CA (Campus), CG (Commercial General), CBD (Central Business District), AC (Activity Center), DS (Destination / Select Use), IL (Light Industrial), IH ( Heavy Industrial)
      Table 4-10.3.2
      District Bufferyard Standards
      Zoning of Proposed DevelopmentAdjoining District
      AR/OSRRERSRGRUNCCRCACGCBDACDSILIH
      AR /OSR - / - -/A -/A -/A -/B -/A -/A -/A -/B -/- -/B -/B -/B -/C
      RE A/- - / - -/A -/B -/C -/B -/B -/B -/C -/- -/C -/C -/D -/E
      RS A/- A/- - / - A/A A/B A/A A/B A/C A/C A/B A/C A/C A/D A/E
      RG A/- B/- A/A - / - A/B A/A A/B A/C A/C A/B A/C A/C A/D A/E
      RU B/- C/- B/A B/A - / - C/A -/- -/A -/A -/- A/B A/B A/C A/D
      NC A/- B/- A/A A/A A/C - / - A/B A/C A/C A/B A/C A/C A/D A/E
      CR A/- B/- B/A B/A -/- B/A - / - A/B A/B A/A A/B A/B A/C A/D
      CA A/- B/- C/A C/A A/- C/A B/A - / - A/B -/- -/- -/- A/D A/E
      CG B/- C/- C/A C/A A/- C/A B/A B/A - / - -/- -/- -/- A/C A/D
      CBD -/- -/- B/A B/A -/- B/A A/A -/- -/- - / - -/- -/- A/C A/D
      AC B/- C/- C/A C/A B/A C/A B/A -/- -/- -/- - / - -/- A/C A/D
      DS B/- C/- C/A C/A B/A C/A B/A -/- -/- -/- -/- - / - B/D B/E
      IL B/- D/- D/A D/A C/A D/A C/A D/A C/A C/A C/A D/B - / - A/B
      IH C/ E/- E/A E/A D/A E/A D/A E/A D/A D/A D/A E/B B/A - / -
      RE (Estate Residential), RS (Suburban Residential), RG (General Residential), RU (Urban Residential), NC (Neighborhood Conservation), CR (Commercial Re-use), CA (Campus), CG (Commercial General), CBD (Central Business District), AC (Activity Center), DS (Destination / Select Use), IL (Light Industrial), IH ( Heavy Industrial)
      Table 4-10.3.2
      District Bufferyard Standards
      Zoning of Proposed DevelopmentAdjoining District
      AR/OSRRERSRGRUNCCRCACGCBDACDSILIH
      AR /OSR - / - -/A -/A -/A -/B -/A -/A -/A -/B -/- -/B -/B -/B -/C
      RE A/- - / - -/A -/B -/C -/B -/B -/B -/C -/- -/C -/C -/D -/E
      RS A/- A/- - / - A/A A/B A/A A/B A/C A/C A/B A/C A/C A/D A/E
      RG A/- B/- A/A - / - A/B A/A A/B A/C A/C A/B A/C A/C A/D A/E
      RU B/- C/- B/A B/A - / - C/A -/- -/A -/A -/- A/B A/B A/C A/D
      NC A/- B/- A/A A/A A/C - / - A/B A/C A/C A/B A/C A/C A/D A/E
      CR A/- B/- B/A B/A -/- B/A - / - A/B A/B A/A A/B A/B A/C A/D
      CA A/- B/- C/A C/A A/- C/A B/A - / - A/B -/- -/- -/- A/D A/E
      CG B/- C/- C/A C/A A/- C/A B/A B/A - / - -/- -/- -/- A/C A/D
      CBD -/- -/- B/A B/A -/- B/A A/A -/- -/- - / - -/- -/- A/C A/D
      AC B/- C/- C/A C/A B/A C/A B/A -/- -/- -/- - / - -/- A/C A/D
      DS B/- C/- C/A C/A B/A C/A B/A -/- -/- -/- -/- - / - B/D B/E
      IL B/- D/- D/A D/A C/A D/A C/A D/A C/A C/A C/A D/B - / - A/B
      IH C/ E/- E/A E/A D/A E/A D/A E/A D/A D/A D/A E/B B/A - / -
      RE (Estate Residential), RS (Suburban Residential), RG (General Residential), RU (Urban Residential), NC (Neighborhood Conservation), CR (Commercial Re-use), CA (Campus), CG (Commercial General), CBD (Central Business District), AC (Activity Center), DS (Destination / Select Use), IL (Light Industrial), IH ( Heavy Industrial)
      1. Existing Adjacent Development without Bufferyards. Where the adjoining property is already developed and does not have the required bufferyard, it is recommended that the proposed development shall provide a bufferyard of the next higher classification than the greater screening of the two bufferyards required (e.g., if the requirement is C / A, and the adjoining property is already developed and does not have a bufferyard, then the developer must install a Type D bufferyard).
      2. Relationship to Other Bufferyard Requirements. Some Conditional or Permitted Special Exception Uses have different requirements for bufferyards, as specified in Division 1-2.8, Conditional and Permitted Special Exception Use Standards. If bufferyards are required by another section of this Unified Development Ordinance along property boundaries that are also district boundaries, then the greater bufferyard requirement shall supersede the lesser one (only one bufferyard is required).
      3. Buffering Existing Residential Development. The City may require buffering of an existing residential lot development in the following circumstances:
        1. Bufferyards may be required upon major redevelopment or substantial improvement of an existing residential lot, building, structure, or development; and
        2. An increase in the level of screening of a bufferyard (e.g., from Type A to Type B) between new residential development and existing residential development may be required if:
          1. The lot widths of the new development are less than 80 percent of the lot widths of the nearest lots of the existing development;
          2. The building height of the new development is more than eight feet taller than the building height of the existing development; or
          3. The housing types that are located on the lots that abut existing development are different from the housing types of the existing development (e.g., new townhome lots abutting existing single family detached lots).

      Effective on: 1/1/1901

      Sec. 4-10.3.3 Existing Trees, Fences, and Walls on Development Property
    • Generally. Existing trees, fences, and walls may be counted towards the bufferyard requirements, provided they are in good health and the fences or walls are in good repair.
    • Existing Landscaping Credit. Credit shall be given for existing trees according to the standards of Section 4-10.4.1, Preservation of Significant Stands and Protected Trees.
    • Existing Fences and Walls. If a fence or wall is required and there is already a fence or wall on the property line, then the City may waive the fence or wall requirement, provided:
      1. The Director, or an appointee, verifies that the existing fence or wall is sturdy and in good condition;
      2. The height, opacity, and extent of the fence or wall meets the intent of this Article with regard to buffering;
      3. The applicant records an agreement with the City that includes appropriate assurances that if the fence or wall deteriorates, or is damaged, destroyed, or removed, the applicant will have it repaired or replaced with a fence or wall that meets the standards of this Article; and
      4. The applicant's final plat or, if no plat is required, development approval, includes an annotation regarding the applicant's responsibilities under the agreement required by Subsection C.3., above.
    • Effective on: 1/1/1901

      Sec. 4-10.3.4 Bufferyards for Parking Lots and Vehicular Use Areas
    • Requirements. Vehicular use areas, including parking lots, drive-through lanes, drive-in lanes, stacking areas, and common driveways in multi-use and mixed use developments shall be buffered as set out in this Section. Their purpose is to mitigate the impact of headlights on streets and abutting residential property, and to reduce the aesthetic impact of parked cars on the character of the street.
    • Relationship to Other Bufferyard Requirements. If a bufferyard is required by this Unified Development Ordinance in a location that would serve the purpose of this Section, then the requirements of this Section may be counted towards the requirements of the other bufferyard, and the bufferyards may overlap. This Section does not allow for a reduction in the width or density of other bufferyards.
    • Where Required. Bufferyards are required around the perimeter of parking lots when adjacent to the following:
      1. Public street rights-of-way
      2. Private street or access easements;
      3. Ingress and egress ways; and
      4. Parking lots of abutting land uses.
    • Composition. Parking lot bufferyards shall be composed of any of the following, set in a bufferyard area that is at least three feet wide:
      1. A three-foot high masonry wall, measured from the surface of the parking lot in the area that is closest to the wall; and/or
      2. Shrubs planted to form a continuous buffer that is at least three feet in height if the plants form a hedge with comparable opacity from the ground to three feet in height.
        1. Three feet from the edge of pavement if there are no curbs or wheel stops; or
        2. Three feet from the face of the curb or parking bumper that faces the parking space. See Figure 4-10.3.4, Illustrative Composition of Parking Lot Bufferyard.
    • Figure 4-10.3.4
      Illustrative Composition of Parking Lot Bufferyard

      Effective on: 1/15/2018

      Sec. 4-10.3.5 Constrained Bufferyards
    • General. Reduced bufferyard widths are permitted on sites that are constrained, in that compliance with all bufferyard requirements would result in more than 15 percent of the site being used for bufferyards.
    • Reduction of Width Permitted. Bufferyard widths may be reduced during development approval so that no more than 15 percent of the site is used for bufferyards. Bufferyards shall be reduced in the following order of priority:
      1. Class B bufferyards may be reduced  to five feet in width, provided that a six foot high opaque wall is provided with a three foot high hedge (at planting)installed along its outer face, and understory trees are planted (on either side of the wall) along the bufferyard, regularly spaced 10 feet on-center. Notwithstanding the permitted reduction, understory trees shall be planted so that they have a four-foot radius of permeable soil at their base.
      2. Class C, D, and E bufferyards may be reduced by up to 25 percent in width, provided that they include all of the plantings that are required of the respective bufferyard.
    • Variance. All other reductions in bufferyard width shall require a variance.
    • Effective on: 1/15/2018

      Sec. 4-10.4.1 Preservation of Significant Stands and Protected Trees
    • Generally. Tree preservation can provide environmental and aesthetic benefits to the community and is thus, preferred to that of tree replacement. Through tree preservation and protection, it is possible to attain credits toward the landscaping requirements, as set out in Section 4-10.4.2, Credit for Existing Trees. To attain these credits, development shall be designed, where practical and feasible,  so that significant stands of trees and single protected trees, when preserved, are preserved and located in designated open spaces or landscape surface areas. For the purposes of this requirement, a "significant stand" is a stand of trees with interconnected canopies that cover an area of at least 5,000 square feet. The preservation of trees shall be executed by a declaration of restrictions and covenants, in a form and of content to the satisfaction of the City Attorney, as set out in Division 4-14.3, Covenants, Conditions, and Restrictions.
    • Protected Trees. A “protected tree” includes those listed in Table 4-10.4.1, Protected Trees. Pursuant to the allowable credit for the preservation and protection of existing trees, protected trees shall not be removed from any multi-family, nonresidential, mixed use, or public or institutional property unless the Director has issued an individual tree removal permit.
    • Table 4-10.4.1
      Protected Trees
      Scientific Name Common Name Diameter at Breast Height (DBH)
      Juniperus virginiana Eastern Red Cedar 24″
      Magnolia grandiflora Southern Magnolia 24″
      Quercus virginiana Live Oak 24″
      Quercus laurifolia Laurel Oak 24″
      Quercus phellos Willow Oak 24″
      Acer rubrum Red Maple 24″
      Taxodium distichum Bald Cypress 24″
      Ilex opaca American Holly 10"
      Cornus florida Flowering Dogwood 8"
      Carya Hickory (except Pecan) 24″
      All Other Canopy Trees (unless they are on the prohibited plant list) -- 36"

      Effective on: 1/1/1901

      Sec. 4-10.4.2 Credit for Existing Trees
    • Generally. To be eligible for credits where there is significant existing vegetation on a site, the Director, or an appointee, may require a tree survey. Existing healthy trees shall not be removed from any multi-family, nonresidential, mixed use, or public or institutional property unless the Director determines that no other option is available. Existing trees qualify for credit against the requirements of this Article.
    • Tree Survey. A tree survey (including caliper size, type, and location of trees) performed by a certified arborist or registered landscape architect, is required for parcels proposed for development when:
      1. The applicant seeks credit for existing trees pursuant to Section 4-10.4.2, Credit for Existing Trees.
    • Quality of Existing Trees. Existing trees that are protected according to Table 4-10.4.1, Protected Trees and eligible as set out in Subsection D., below, count towards the planting requirements of this Article.
    • Eligibility. Existing trees are eligible for credit if:
      1. They are healthy and in good structural condition;
      2. They are not on the prohibited plants list; and
      3. Except with respect to street trees (which are regulated by Section 4-10.2.4, Street Trees), they are located within:
        1. 15 feet of the area where the credit will be applied; or
        2. Situated such that they will contribute to the purpose of the landscape area to which it is credited.
    • Application of Tree Preservation Credit. The tree preservation credit is applied towards the requirements for the area in which the tree is planted. If there are no requirements for that area, the credit applies in the following order of descending priority:
      1. Lot and building requirements;
      2. Parking lot and vehicular use area requirements;
      3. Street tree requirements, provided that the tree is located within the street bufferyard set out in Table [@@139], Bufferyard Requirements for Streets and Railroads; and
      4. Bufferyard requirements, provided that the tree is located between the bufferyard to which the credit applies and the building or use that is being buffered.
    • Credit for Preservation of Trees. It is the policy of the City to promote the preservation of its healthy mature tree canopy. Healthy, mature trees that are preserved on-site shall count as more than one tree for the purposes of landscaping requirements, as set out in Table 4-10.4.2, Credit for Preservation of Trees.
    • Calculation of Other Landscaping Credit. Existing healthy non-canopy trees and shrubs shall be credited against planting requirements on a one to one basis in the same category of plant material.
    • Table 4-10.4.2
      Credit for Preservation of Trees
      Diameter at Breast Height (DBH) of Preserved Canopy Tree Credit Per Preserved Tree
      More Than Up to and Including
      32 inches Any 5 canopy trees
      24 inches 32 inches 4 canopy trees
      16 inches 24 inches 3 canopy trees
      8 inches 16 inches 2 canopy trees

      Effective on: 1/1/1901

      Sec. 4-10.4.3 Tree Replacement
      In certain cases, by reason of the size of the site, location of significant stands of trees or protected trees, or the placement of the building on a site, tree preservation will not be feasible. In these cases, the following standards apply.

      1. Replacement of Removed Trees. Trees that must be removed to accommodate development shall be replaced with new trees equal to the credit applied in Table 4-10.4.2, Credit for Preservation of Trees.
      2. Change of Species. Any tree that is required by a development approval and subsequently proposed to change shall be replaced with a tree that has a comparable canopy at maturity, except that change is optional if a new landscape plan is approved.

      Effective on: 1/1/1901

      Sec. 4-10.5.1 Construction Procedures
    • Generally. As living organisms, trees have much different requirements than other infrastructure improvements. As such, trees are sensitive to construction activities, which may cause tree death during the project or may initiate tree-decline that may not be apparent for a period of time after construction. The best method for protecting trees during construction is by physically separating them from all construction activities. Existing trees that are approved for credit shall be protected during construction as follows:
      1. Parking areas and building sites shall be located to preserve existing trees.
      2. The larger of the drip-line or critical root zone of all protected trees shall be secured during construction to prevent damage to the trees and their roots by construction equipment.
      3. The construction tree guard shall be not less than four feet high and eight feet square, or at a distance in feet from the tree trunk equal to the diameter at breast height (DBH) in inches, whichever is greater. All building material, dirt, or other debris shall be kept outside the construction tree guard. Refer to Appendix C, Planting Details
      4. No person shall change natural drainage, excavate any ditches, tunnels, trenches, or lay any drive within a radius of 10 feet from the trunk of any protected tree without first obtaining written permission from the Director.
    • Effective on: 1/1/1901

      Sec. 4-10.6.1 Landscape Plan Approval
    • Generally.
      1. Compliance with the standards of this Article shall be demonstrated by a schematic landscape plan and a landscape installation and maintenance specifications. Collectively, these documents shall be referred to as the "landscape plan."
      2. Landscape plans for nonresidential, mixed-use, and multi-family development shall be prepared by a registered landscape architect who is licensed to practice in the State of South Carolina or as a landscape professional.
    • Contents of Schematic Landscape Plan. The landscape plan shall include the elements that are set out in this Section. The Director may waive elements of the landscape plan if it is found that they are unnecessary due to the type of development approval sought, or the conditions of the site being developed, or both. The Director is authorized to require additional information on the landscape plan as needed to administer the requirements of this UDC. The schematic landscape plan shall include all of the following information:
      1. Plan Drawing. The landscape plan drawing shall include all of the following information:
        1. A plan view drawing prepared at a standard scale that ensures clarity of the proposal (scale shall be approved by the Director), which shall indicate:
          1. Dimensions, surface area, and type of planting area (e.g., bufferyard, parking lot landscaping, etc.) for each planting area;
          2. The location and quantity of trees and shrubs to be installed, which shall be drawn at three-fourths (3/4) of mature size and annotated with genus, species, common name, on center (o.c.) spacing, drought tolerance, and size at planting;
          3. The location, quality, size (DBH), and protected root zone of trees that are to be preserved on the site;
          4. The location and extent of areas of groundcover; the groundcovers, turf, seed, or inorganic materials to be installed or planted; and the type of underlayment proposed to be used (if any);
          5. Existing and proposed topography of the site, shown at one-foot contours;
          6. Dimensions of all landscape elements, including fences, walls, border edge treatments, berms, water features, trash enclosures, street furniture, public art, and recreational facilities, as applicable (Staff may require details or specifications for landscape features or structures to be attached to the landscape plan in order to facilitate subsequent inspection);
          7. General layout and specifications of irrigation systems;
          8. Dimensions and surfacing of all easements, pedestrian walkways, and pedestrian-oriented areas (existing and proposed);
          9. Location and dimensions of maintenance easements for drainage facilities;
          10. Location of existing and proposed overhead and underground utilities;
          11. Location and base flood elevation of floodplains;
          12. Dimensions and slopes of storm water detention areas;
          13. Special landscape features for storm water detention and treatment, such as green roofs, rain gardens, or bioswales;
          14. Dimensions and locations of sight distance triangles; and
          15. Location, genus, species, and spacing of street trees.
          16. Any credits that are requested for preserving existing trees pursuant to Section 4-10.3.3, Existing Trees, Fences, and Walls on Development Property or Section 4-10.4.2, Credit for Existing Trees.
        2. Information regarding specific design techniques that will be used to prevent water infiltration or damage at the street section may be required by the Director if it is found that there is good cause to believe that such damage could occur.
    • Landscape Installation and Maintenance Specifications. A landscape installation and maintenance specifications shall identify the proposed plant installation methods and both short and long-term landscape maintenance programs for all landscaped areas except landscaping of private lots (unless a property owners' association is to maintain the landscaping on private lots). The maintenance specifications shall provide a detailed explanation of the work to be done, the reason it is needed, the frequency of the work, and the estimated annual cost of the work. This is intended to be a guide to the property owners' association on the needed maintenance, and an aid to budgeting and contracting. It also informs the developer of work that needs to be accomplished prior to turning the project over to the property owners' association, and ensures continuing compliance with the City's landscape and open space standards.
    • Approval and Timing of Approval.
      1. Plans meeting the standards of this Code shall be approved. However, in reviewing the plans, adjustments in the location of plants may be required where the City finds such alterations would better serve the purposes for which they are intended.
      2. Landscape plans containing street trees and open spaces shall be submitted for approval at the development plat application stage.
      3. Landscape plans containing site features, bufferyards and required landscaping shall be submitted for approval at the zoning compliance stage.
    • Effective on: 1/1/1901

      Sec. 4-10.6.2 Installation Standards
    • Generally. Plant material that is used to demonstrate compliance with this Article shall be selected as provided in this Section.
    • Approved Plant List. A list of approved plants is set out in Appendix B, Plant Lists. The list separates plants into canopy trees, understory trees, evergreen trees, and shrubs. The Director is delegated the authority to modify the approved plant list according to the following criteria:
      1. Plants may be added to the list if the Director finds a preponderance of credible evidence that the species:
        1. Has not been listed as an invasive or noxious weed;
        2. Is appropriate for the planting environment;
        3. Is native to the region; and
        4. Has one or more of the following characteristics:
          1. Drought-tolerance (low or medium water consumption);
          2. Produces a food crop; or
          3. Provides habitat for native wildlife or migratory birds.
      2. Plants may be annotated as limited to locations that are more than 10 feet from street rights-of-way if the Director finds that the trees are already present in such numbers along City rights-of-way that further installation of the species would likely violate Subsection D.3., below.
      3. Plants may be removed from the list if the species is on any of the lists identified in Subsection B.1.a., above.
    • Prohibited Plant List. A list of prohibited plants is set out in Appendix B, Plant Lists. The Director is delegated the authority to add species to the prohibited plant list to make it consistent with the lists identified in Subsection B.1.a., above.
    • Required Biodiversity. Diversity of the genera and species of trees and shrubs is required in order to prevent monocultures which could result in large-scale losses in the event of disease or blight. Therefore:
      1. Within each category of required landscaping (i.e., large trees, small trees, and shrubs):
        1. Not more than 40 percent shall be of any one genera; and
        2. Not more than 20 percent shall be of any one species.
      2. Each street block shall have at least three genera of street trees. For the purpose of this paragraph only, street trees shall include all trees that are planted within 10 feet of the public street right-of-way.
      3. Not more than 40 percent of the street trees in the City shall be of the same genus.
      4. The Director may approve alterations to the requirements of this subsection if circumstances require.
    • Minimum Size of Plants at Installation. Plant material shall be installed as set out in Table 4-10.6.2, Minimum Size of Plants at Installation.
    • Table 4-10.6.2
      Minimum Size of Plants at Installation
      Type of Plant Distance from Public Right-of-Way
      10 feet or less, or in tree lawns or medians More than 10 feet
      Canopy Tree 2 inch caliper 2 inch caliper
      Understory Tree 1.5 inch caliper 1.5 inch caliper
      Evergreen Tree 8 feet in height 6 feet in height
      Shrub 5 gallon container 5 gallon container
      1. Quality of New Plantings.
        1. All landscape material shall be in compliance with the standards of the American Nursery & Landscape Association’s American Standard for Nursery Stock ANSI Z60.1-2004.
        2. Single trunk species with co-dominant trunks (multiple trunks of equal size) shall not be used. Single trunk trees shall have one trunk to the top, and all branches shall be less than half of the diameter of the adjacent trunk.
        3. All plant material shall have a habit of growth that is normal for the species and shall be of sound health, vigorous growth, and free from insect pests, diseases and injuries.

      Effective on: 1/1/1901

      Sec. 4-10.6.3 Deferred Installation and Surety
    • Surety Required. The applicant shall submit the bid for the landscape plan for review by the City. A bond, landscape contractor guarantee, or other acceptable surety equal to 125 percent of the cost of implementing the landscape plan shall be provided to ensure proper installation and maintenance of the landscaping for a period of two years from the date of installation.
    • Replacement Required. The applicant shall warrant all landscaping materials for a period of two years after installation. All plant materials that die within two years from the date of installation shall be replaced by the applicant. If the applicant fails to replace the plant materials, the City may use the performance guarantee to replace dead materials. For all required landscaping on individual residential lots, the developer shall convey a two-year warranty to the purchaser at the time of closing.
    • Return or Release of Surety. The City shall return or release the surety after the two year period is expired upon request of the applicant and demonstration that the landscaping that is protected by the guarantee is established and in good condition.
    • Effective on: 1/1/1901

      Sec. 4-11.1.1 Purpose
      The purposes of this Division are to:

      1. Outdoor Lighting. Allow for the reasonable use of outdoor lighting;
      2. Minimize Impacts. Minimize adverse off-site impacts, including light trespass and glare;
      3. Security. Improve both security and views of the night sky.

      Effective on: 1/1/1901

      Sec. 4-11.1.2 Nonresidential Lighting Standards
    • Generally. The maximum permitted illumination and the maximum permitted luminaire height shall conform to the standards of this Section.
    • Fixture Type.
      1. Generally, light fixtures shall be "cut-off" fixtures that limit lighting that is visible or measurable at the property line.
      2. "No cut-off" fixtures may be used only for decorative purposes, provided:
        1. They have luminaires that produce no more than 1,500 lumens (approximately equal to a 100W incandescent bulb);
        2. They have a maximum height of 15 feet;
        3. They use energy-efficient bulbs, such as compact fluorescent (CF).
    • Maximum Freestanding Fixture Height. No freestanding light fixture shall be greater than 25 feet in height.
    • Maximum Illumination.
      1. Outdoor lighting shall be deflected, shaded, and focused away from adjacent properties and shall not be a nuisance to such adjacent properties.
      2. Outdoor lighting shall be designed so that any overspill of light onto adjacent properties shall not exceed three-tenths foot-candle over ambient light conditions, measured vertically and horizontally, respectively, on adjacent properties.
    • Canopy Lighting. Canopy lighting for uses that have sheltered outside work or service areas, such as gas stations, shall meet the standards of this Section. All luminaires shall be recessed into the canopy so that they cannot be viewed off-site from an eye height of four feet (to protect automobile drivers from glare).
    • Outside Wall-Mounted Lighting. Outside wall-mounted lighting shall also comply with the standards of this Section except that lighting that is required by the Federal Aviation Administration (FAA) shall comply with Federal standards.
    • Lighting in the Airport Environs. See Section 4-13.5.8, Lighting Restrictions.
    • Effective on: 1/1/1901

      Sec. 4-11.1.3 Exterior Lighting for Outdoor Recreation
    • Generally. Ball diamonds, playing fields, driving ranges, tennis courts, and similar amusement or recreation uses have unique requirements for nighttime visibility and, generally, have limited hours of operation. The standards of this Section, and not Section 4-11.1.2, Nonresidential Lighting Standards, apply to outdoor recreation uses.
    • Fixture Type. Light fixtures for illumination of playing courts and athletic fields shall be "cut-off" fixtures that limit lighting that is visible or measurable at the property line.
    • Maximum Freestanding Fixture Height. No freestanding light fixture shall be greater than 80 feet in height.
    • Maximum Illumination.
      1. Field and court lighting shall be deflected, shaded, and focused away from adjacent properties and shall not be a nuisance to such adjacent properties.
      2. Field and court lighting shall be designed so that any overspill of light onto adjacent properties shall not exceed one-half foot-candle, measured vertically and horizontally, respectively, on adjacent properties.
      3. A landscaped bufferyard may be used to block light spillover onto adjacent property. The Director may require more opaque bufferyards than those in Division 4-10.3, Bufferyards, to achieve this objective.
    • Effective on: 1/1/1901

      Sec. 4-11.1.4 Public Safety and Nuisance
    • Generally. The City may require the modification or removal or limited operation of existing or new lighting fixtures found to be a public hazard or public nuisance according to the criteria of this Section.
    • Hazards. Criteria for finding illumination to be a public hazard are as follows:
      1. Light trespass or glare which is sufficiently intense or contrasts excessively with surrounding illumination, regardless of the intensity of the surrounding illumination, in a manner to cause impairment of visual performance or to distract from or impair the safe operation of a vehicle.
      2. Light trespass or glare that impairs a person's visual performance or ability to avoid obstacles in their path.
    • Nuisance. Criteria for finding illumination to be a public nuisance are as follows:
      1. Light trespass or glare that deprives an owner or occupant of usual and reasonable use and enjoyment of their property.
      2. A high frequency and/or duration of periods when light trespass or glare is sufficient to interrupt or interfere with usual and reasonable use and enjoyment of a property.
      3. Light trespass or glare that causes visual discomfort or impairment of visual performance in a manner that deprives any person from the usual and reasonable enjoyment of the public streets and properties of the City.
    • Effective on: 1/1/1901

      Sec. 4-11.1.5 Glare
    • Glare from Use. Glare from any process (such as or similar to arc welding or acetylene torch cutting) which emits harmful ultraviolet rays shall be performed in such a manner as not to be seen from any point beyond the property line, or from any point that would create a hazard for other occupants of visitors to the property on which the activity is taking place.
    • Glare from Buildings and Structures. Buildings and structures shall be designed and oriented to avoid glare that materially interferes with the safe operation of streets.
    • Effective on: 1/1/1901

      Sec. 4-11.1.6 Single Family and Duplex Lighting Standards
      Outdoor lighting on single-family and duplex lots shall be designed so that:

      1. Fixtures are shielded so that the light source is not visible from abutting properties; and that the light cast on abutting properties does not exceed one-tenth footcandle on the ground at the property line or on any window plane; and
      2. Motion sensor security lighting shall be pointed away from windows on abutting properties.

      Effective on: 1/1/1901

      Sec. 4-11.2.1 Maximum Noise; Exceptions
    • Generally. Section 10-9, Noise - Prohibited and Section 10-10, Same- Enumeration of Chapter 10, Health and Sanitation of the Code of Ordinances sets out the general provisions and prohibitions of noise within the City. The standards of this Section are applicable to the zoning districts and their permitted, conditional, and permitted special exception uses, as established by this Unified Development Ordinance.
    • Maximum Noise Level. No use shall exceed the noise level indicated in Table 4-11.2.1A, Maximum Noise Levels, measured at any property line. dbA = decibel A weighting
    •  

      Table 4-11.2.1A

      Maximum Noise Levels

      Adjoining Use or District

      Max. dbA from 7 AM to 10 PM

      Max. dbA from 10 PM to 7 AM

      AR

      CR

      RE

      RS

      RG

      RU

      NC

      55

      55

      AC

      CBD

      DS

      CG

      75

      70

      CA

      IL

      IH

      80

      60

      AR (Agricultural/Rural), RE (Estate Residential), RS (Suburban Residential), RG (General Residential), RU (Urban Residential), NC (Neighborhood Conservation), CR (Commercial Re-use), CA (Campus), CG (Commercial General), CBD (Central Business District), AC (Activity Center), DS (Destination / Select Use), IL (Light Industrial), IH (Heavy Industrial)

       

      1. Illustrative Noise Levels. For illustrative purposes only, Table 4-11.2.1B, Illustrative Noise Levels, shows how the limitations relate to common noises.
      Table 4-11.2.1B
      Illustrative Noise Levels
      NoiseTypical Noise Level (dbA)1
      Typical threshold of pain140 dbA
      Chainsaw100 dbA
      Diesel truck, listener 50 feet away90 dbA
      Shouting, listener 10 feet away75 dbA
      Typical threshold of discomfort70 to 80 dbA
      Car driving at 50 MPH, listener 50 feet away65 dbA
      Conversation55 dbA
      Quiet room45 dbA
      Threshold of human perception0 dbA
      NOTE:
      1 Note that increases in noise levels are not linear. That is, 70 dbA is perceived as twice as loud as 60 dbA, and 80 dbA is perceived as twice as loud as 70 dbA.
      Table 4-11.2.1B
      Illustrative Noise Levels
      NoiseTypical Noise Level (dbA)1
      Typical threshold of pain140 dbA
      Chainsaw100 dbA
      Diesel truck, listener 50 feet away90 dbA
      Shouting, listener 10 feet away75 dbA
      Typical threshold of discomfort70 to 80 dbA
      Car driving at 50 MPH, listener 50 feet away65 dbA
      Conversation55 dbA
      Quiet room45 dbA
      Threshold of human perception0 dbA
      NOTE:
      1 Note that increases in noise levels are not linear. That is, 70 dbA is perceived as twice as loud as 60 dbA, and 80 dbA is perceived as twice as loud as 70 dbA.
      Table 4-11.2.1B
      Illustrative Noise Levels
      NoiseTypical Noise Level (dbA)1
      Typical threshold of pain140 dbA
      Chainsaw100 dbA
      Diesel truck, listener 50 feet away90 dbA
      Shouting, listener 10 feet away75 dbA
      Typical threshold of discomfort70 to 80 dbA
      Car driving at 50 MPH, listener 50 feet away65 dbA
      Conversation55 dbA
      Quiet room45 dbA
      Threshold of human perception0 dbA
      NOTE:
      1 Note that increases in noise levels are not linear. That is, 70 dbA is perceived as twice as loud as 60 dbA, and 80 dbA is perceived as twice as loud as 70 dbA.
      Table 4-11.2.1B
      Illustrative Noise Levels
      NoiseTypical Noise Level (dbA)1
      Typical threshold of pain140 dbA
      Chainsaw100 dbA
      Diesel truck, listener 50 feet away90 dbA
      Shouting, listener 10 feet away75 dbA
      Typical threshold of discomfort70 to 80 dbA
      Car driving at 50 MPH, listener 50 feet away65 dbA
      Conversation55 dbA
      Quiet room45 dbA
      Threshold of human perception0 dbA
      NOTE:
      1 Note that increases in noise levels are not linear. That is, 70 dbA is perceived as twice as loud as 60 dbA, and 80 dbA is perceived as twice as loud as 70 dbA.
      1. Sound Levels by Recreational Motorized Vehicles. No person shall operate or cause to operate any recreational motorized vehicle on a public right-of-way or on private property in a manner that the emitted sound level exceeds 40 dbA at or across the boundary of any private property receiving the noise. This Section shall apply to all recreational motorized vehicles, whether or not fully licensed and registered including, but not limited to, commercial or noncommercial racing vehicles, motorcycles, go-carts, and mini-bikes.
      2. Noise Sensitive School Zones. It shall be unlawful for any person to create any noise which exceeds the sound level of 50 dbA as measured within 20 feet from the exterior wall of a public or private school between the hours of 7:00 a.m. and 4:00 p.m. on weekdays when school is in session.
      3. Most Restrictive Standards Apply. Where different uses or zoning districts adjoin a subject property, the most restrictive noise level standard shall apply. The standard must be met not only on the subject and abutting properties, but also where a district boundary is not also a property boundary.
      4. Barriers and Structures. Barriers or structures may be used to meet noise reduction. If used to meet the standards of this Section, the plans for a barrier or structure shall be certified as meeting the standards pursuant to the Federal Highway Administration’s Highway Traffic Noise Prediction Model (FHWA-RD-108), as amended).
      5. Exceptions. The following are excepted from the standards of this Section:
        1. Noises emanating from construction activities between the hours of 7:00 AM and 7:00 PM that are temporary in nature.
        2. Noise emanating from a site that is occasional and/or temporary in nature, such as lawn and landscaping maintenance, and loading and unloading, that takes place between the hours of 7:00 AM and 7:00 PM.
        3. Agricultural equipment and operations in the AR District.
        4. Emergency warning devices and equipment operated in conjunction with emergency situations, including the routine testing of such warning devices during daytime hours.
        5. Downtown events and other events that are pre-approved by the Director or otherwise properly permitted.

      Effective on: 1/1/1901

      Sec. 4-11.2.2 Vibration; Exceptions
    • Generally. No land use shall produce a perceptible vibration at the property line.
    • Exceptions. This Subsection does not apply to:
      1. Those emanating from temporary construction activities between the hours of 7:00 AM and 7:00 PM that are temporary in nature;
      2. Agricultural equipment and/or operations;
      3. Vehicles on public streets; or
      4. Trains.
    • Effective on: 1/1/1901

      Sec. 4-11.3.1 Intersection Sight Clearance
    • Generally. For at-grade intersections to operate properly, adequate sight distance must be available. A sufficient sight distance must be provided for a driver to perceive potential conflicts and to perform the actions needed to negotiate the intersection safely. In general, a sight distance triangle refers to the corner sight distance available in intersection quadrants that allows a driver approaching an intersection to observe the actions of vehicles on the intersecting street(s). Sight distance standards are for the purpose of establishing the needed sight distance triangle in each quadrant by determining the appropriate dimensions of the triangle on the two intersecting street right-of-way lines (or a right-of-way line and the curb or edge of a driveway).
    • Requirements for State-Maintained Roads. For at-grade intersections with roads that are state-maintained, the required standards shall be in accordance with the South Carolina Department of Transportation (SCDOT) Access and Roadside Management Standards (ARMS Manual), latest edition.
    • Requirements for Local Streets. For at-grade intersections of streets that are not state-maintained, the standards are as follows:
      1. No planting shall be placed and no fence, wall, building, or other structure shall be constructed that may obstruct the view:
        1. Between the elevations of two and one-half feet and eight feet above the average street grade; and
        2. Within the triangular area bounded on two sides by the street right-of-way lines (or a right-of-way line and the curb or edge of a driveway), and on the third side by a straight line connecting points on the two street right-of-way or driveway lines, as set out in Figure 4-11.3.1, Sight Distance Requirements, Driveways and Intersecting Streets.
    • Figure 4-11.3.1
      Sight Distance Requirements
      , Driveways and Intersecting Streets
      Sight Distance Requirements for Driveways (only one side shown, both sides shall be clear)
      Sight Distance Requirements for Intersecting Streets.
        1. The minimum dimensions set out in Table 4-11.3.1, Sight Distance Triangle Dimensions shall be provided along each functionally classified street and/or driveway. Distance A refers to the street of lower functional classification and Distance B refers to the street of higher functional classification. The ascending order of functional classification is as follows: driveway, local street, collector street, and arterial (minor or principal) street.
      Table 4-11.3.1
      Sight Distance Triangle Dimensions
      Distance A (lower classification) Distance B (higher classification)
      Driveway Local Collector Arterial (Minor or Principal)
      Driveway n/a 10’ 15’ 15’
      Local 20’ 20’ 20’ 20’
      Collector 35’ 35’ 35’ 35’
      Arterial (Minor or Principal) 45’ 45’ 45’ 45’
      1. The distances are measured as follows:
        1. From the point of intersection or the extension of street lot lines away from the intersection along the street lot lines; or
        2. From the intersection of the street-ward projection of the driveway line and the curb or edge of the street pavement, along the driveway line in the direction of the lot interior and along the curb or edge of the street pavement away from the driveway line.
      1. Exceptions.
        1. Shade trees are permitted to overhang the specified triangles, provided that all branches are not less than eight feet above the average street grade.
        2. Trees that existed within a required sight distance triangle as of the effective date of this Unified Development Ordinance shall be pruned to clear the area between two and one-half feet and eight feet above the average ground level.
        3. Poles and support structures with a diameter of less than 12 inches are permitted provided that they are not located within the public right-of-way or within 50 feet of the centerlines of intersecting streets.
        4. No portion of a fence or wall exceeding two and one-half feet in height above the average grade shall exceed 25 percent opacity when located in a required yard that either:
          1. Has vehicular access to a street; or
          2. Abuts such access.
      2. Exemptions. Where their placement within a sight distance triangle is required, certain objects shall be exempted from the restrictions of this Section. These objects include:
        1. Traffic control features such as poles, signs, and signals;
        2. Fire hydrants; and
        3. Utility structures.

      Effective on: 1/1/1901

      Sec. 4-12.1.1 Purpose
      The purpose of this Article is to encourage the promotion, protection, and improvement of the general health, safety, and welfare of the people and to encourage the conservation of natural resources within the City. These regulations are enacted for the following purposes:

      1. To minimize the erosion of soils;
      2. Reduce the sedimentation of streams;
      3. Regulate stormwater runoff from developing areas;
      4. Reduce the damage potential of flood water;
      5. Protect properties near land disturbing activities;
      6. Minimize the clogging of ditches;
      7. Reduce the silting of water bodies;
      8. Strive to provide unobstructed and sanitary channels for stormwater runoff;
      9. Reduce flooding caused by the encroachment of buildings or other structures on natural waterways and drainage channels;
      10. Minimize the pollution of surface and ground waters; and
      11. Promote groundwater recharge.

      Effective on: 1/1/1901

      Sec. 4-12.1.2 Sediment and Erosion Control
    • Authority and Jurisdiction
      1. Authority. The regulations of this Article are adopted under the authority and powers granted by the General Assembly of South Carolina in Chapter 14, Title 48, Code of Laws of South Carolina, 1976, and by other powers.
      2. Jurisdiction. The sediment and erosion control regulations contained in this Article apply to all lands within the City, as well as those incorporated and unincorporated areas of Florence County which, by approval of the Department of Health and Environmental Control (DHEC) and by written agreement executed with the City, contract to have these provisions administered within their respective jurisdiction(s).
      3. Compliance with Regulatory Requirements. As a regulated by the Municipal Separate Storm Sewer System (MS4), within its jurisdictional boundaries, the City must ensure compliance with the most up-to-date regulatory requirements associated with the South Carolina Pollution Control Act (S.C. Code Sections 48-1-10 et seq., 1976) and with the provisions of the Clean Water Act (33 U.S.C. §1251 et. seq.), hereafter referred to as “CWA” or “the Act”, as amended by the Water Quality Act of 1987 (P.L. 100-4), and all applicable subsequent regulations governing stormwater and pollution control within the City.
    • Requirements.
      1. Permit Required. The surface of land in the City shall not be disturbed or altered for any purpose whatsoever, except in accordance with this Article and other applicable regulations of the City. The subdivider/developer shall be required to obtain l a permit for land disturbance prior to any construction, grading, or land disturbance of any nature. Prior to any construction, grading, or land disturbance of any nature, the subdivider/developer shall also be required to obtain coverage from DHEC under the National Pollutant Discharge Elimination System (NPDES) general permit (permit) for stormwater discharges from construction activities and the NPDES general permit for stormwater discharges from regulated small municipal separate storm sewer systems (SMS4) , as outlined in this Article and set out in Appendix C, NPDES Requirements. Where DHEC permit requirements conflict with the City’s design guidelines and this Article, the most restrictive requirement shall apply.
      2. Application. The person responsible for the land disturbing activity shall apply, in writing, to the Engineering Division. Upon approval, the applicant will be issued f an NPDES permit for construction activities, as set out in this Article. (See Section 6-21.3.1, Submittal Requirements, Subsection D, Environmental Permits)
      3. Modifications. Where the subdivider/developer or engineer requests modifications or exceptions to this Article, the modification request shall be provided in writing to the Engineering Division of the City of Florence with appropriate calculations and justification for alterations to the requirements of this Article.
    • Exemptions. The provisions requiring the preparation and approval of a stormwater pollution prevention permit (SWPPP) shall not apply to the following:
      1. Land disturbing activities on agricultural land for the production of plants and animals useful to man, including, but not limited to: forages and sod crops, grains and feed crops, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, including the breeding and grazing of these animals; bees; fur animals and aquaculture; except that the construction of an agricultural structure or structures which, singularly or collectively, total one acre or more, such as broiler houses, machine sheds, repair shops and other major buildings and which require the issuance of a building permit shall require the submittal and approval of a stormwater management and sediment control plan prior to the start of the land disturbing activity.
      2. Land disturbing activities undertaken on forest land for the production and harvesting of timber and timber products provided these activities are in compliance with South Carolina Code Section 48-23-205.
      3. Activities undertaken by persons who are otherwise regulated by the provisions of South Carolina Code, Title 48, Chapter 20, South Carolina Mining Act.
      4. Construction or improvement of single-family residences or their separately-built accessory buildings disturbing an area less than one acre, which is not part of multiple construction in a subdivision development and which does not drain to an impaired waterway with an approved Total Maximum Daily Load (TMDL) requirement.
      5. Land disturbing activities that are conducted under another state or federal environmental permitting, licensing, or certification program where the state or federal environmental permit, license, or certification is conditioned on compliance with the minimum standards and criteria developed under South Carolina Code, Title 48, Chapter 18, Erosion and Sediment Reduction Act.
      6. Any land disturbing activities undertaken by any person who provides gas, electrification, or communications services, subject to the jurisdiction of the South Carolina Public Service Commission, or corporations organized and operating pursuant to Section 33-49-10 et seq.
      7. Activities relating to the routine maintenance and/or repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company.
      8. Activities undertaken on state-owned or managed lands that are otherwise regulated by the provisions of South Carolina Code, Title 48, Chapter 18, Erosion and Sediment Reduction Act.
      9. Activities undertaken by local governments or special purpose or public service districts relating to the repair and maintenance of existing facilities and structures.
      10. Where the exemptions listed above apply, the City encourages those persons engaged in the land disturbing activities to carry out such activities in a manner to achieve the objectives of erosion and sediment reduction and stormwater management through the use of applicable best management practices (BMPs), as set out in Section 4-12.4.3, Construction BMP Design Standards and Section 4-12.4.5, Post-Construction BMP Design Standards.
    • Waivers. Waivers may be granted from the stormwater management requirements of these regulations for individual land disturbing activities provided that a written request is submitted by the applicant containing descriptions, drawings, and any other information that is necessary to evaluate the proposed land disturbing activity. A separate written waiver request is required if there are subsequent additions, extensions, or modifications which would alter the approved stormwater runoff characteristics to a land disturbing activity receiving a waiver.
      1. A project may be eligible for a waiver of stormwater management, for both quantitative and qualitative control, if the applicant can demonstrate that there will be no adverse impact and that the proposed project will return the disturbed area to a pre-development runoff condition and the pre-development land use is unchanged at the conclusion of the project.
      2. A project may be eligible for a waiver of stormwater management for water quantity control if the applicant can demonstrate that:
        1. The proposed project will have no adverse impact on the receiving natural waterway or downstream properties; or
        2. The imposition of peak control requirements for rates of stormwater runoff would aggravate downstream flooding.
      3. A project may be eligible for a waiver from the stormwater management requirements if the land disturbing activities are associated with gas or electric services provided these activities have been permitted through DHEC.
      4. The City will conduct its review of the request for waiver within 10 working days, after which time it will be approved or disapproved by the City.
    • Operator Requirements. Construction site operators must complete, and submit to the City, the appropriate NOI form, as set out in Subsection J., below, to receive coverage under the NPDES General Permit for stormwater discharges from construction activities as regulated by DHEC. “Operator” means any person associated with a construction project who meets one of the following two criteria:
      1. The person has operational control over construction plans, SWPPPs, and specifications, including the ability to request modifications to those plans, SWPPPs, and specifications by a qualified individual set out in Section 4-12.2.2, Design and Development, Subsection B., Preparation and Certification. This person is typically the owner or developer of the project or a portion of the project (subsequent builders), and is considered the Primary Permittee; or
      2. The person has day-to-day operational control of those activities at a construction site, which are necessary to ensure compliance with a SWPPP for the construction site or other Permit conditions. This person is often referred to as the Operator of Day-to-Day Site Activities (ODSA) and is typically a contractor or a residential builder who is hired by the Primary Permittee. This person is considered a Secondary Permittee for a residential development.
    • Operator Categories
      1. Primary Permittee.
        1. An owner, developer(s), or operator of a project is a Primary Permittee. This person may include, but is not limited to, a developer, landowner, realtor, builder, utility provider, or public or private entity. The Primary Permittee’s responsibility to comply with requirements of the permit extends until coverage is terminated in accordance with the requirements of Division 4-12.8, Termination of Coverage. The Primary Permittee must submit a complete and accurate NOI, as set out in Subsection J., below. The Primary Permittee may rely on, or require, Secondary Permittees and/or contractors to assist with project activities necessary to ensure compliance with the permit and implementation of the On-Site - Storm Water Pollution Prevention Plan(OS-SWPPP).
        2. The Primary Permittee on any construction site subject to the permit is responsible for preparation of the site-specific Comprehensive – Storm Water Pollution Prevention Plan (C-SWPPP), as described in Division 4-12.2, Stormwater Pollution Prevention Plans (SWPPPs).
        3. The Primary Permittee on any construction site shall either enforce compliance with the approved, site specific OS-SWPPP or report activities, which are not in compliance with the OS-SWPPP, to the City when a Secondary Permittee fails to implement the appropriate BMPs or other measures as outlined by the OS-SWPPP or alternate permit conditions.
      2. Secondary Permittees.
        1. A Secondary Permittee is an individual lot owner or residential builder that conducts land disturbing activity at a construction site that is limited to an individual lot or a group of lots that are part of a Larger Common Plan (LCP) previously approved by the City.
        2. Residential Subdivisions, Individual and/or Multiple Lots:
          1. Individual lots or a collection of individual lots within a residential subdivision that are part of a Larger Common Plan (LCP) are regulated regardless of lot size or ownership. If the Primary Permittee obtains coverage under the permit for the development and then sells lots within the development, then coverage under the permit may either continue with the Primary Permittee or the Primary Permittee may require that the new lot owner (or new lot owner may choose to) obtain their own coverage under the permit as a Secondary Permittee. The Primary Permittee must inform the new owner of the Individual Lot Notice of Intent (IL-NOI) requirements and make the OS-SWPPP (see Section 4-12.2.1H) and a copy of the Construction General Permit (CGP) available to the new owner who would be seeking individual lot(s) coverage under the permit. When a Secondary Permittee elects not to follow the drainage provisions in the Primary Permittee’s approved OS-SWPPP, the City may require the Secondary Permittee to request coverage under the permit as a Primary Permittee.
          2. Each individual lot owner or residential builder obtaining their own coverage under the permit will be issued a new National Pollutant Discharge Elimination System (NPDES) permit coverage number and assigned a state file number linked to the LCP by DHEC.
          3. For projects covered under the 2006 CGP and where an individual lot owner or residential builder has signed a Co-Permittee Agreement, those individual lot owners or residential builders may continue to work under that agreement as a Co-Permittee as long as the project’s coverage remains active and under the control of the operator to whom coverage was originally granted.
        3. Lot owners obtaining their own coverage under the permit shall:
          1. Complete and submit to the Engineering Division of the City of Florence an IL-NOI meeting the requirements set forth in Subsection J., below, at least seven business days prior to the commencement of construction activities at the site by the Secondary Permittee.
          2. Indicate on the NOI that the new lot owner will follow the approved OS-SWPPP and individual lot controls developed for the LCP or develop a sediment and erosion control plan meeting the requirements set forth for a Comprehensive SWPPP in Section 4-12.2.1, General Information, Subsection G., Comprehensive SWPPPs (C-SWPPPs).
          3. Individual lot owners and residential builders with multiple lots within a Larger Common Plan (LCP) may submit only one Individual Lot Notice of Intent (IL-NOI) for coverage under the permit.
        4. Contractors employed by the Primary or Secondary Permittee, whose work at a construction site may disturb soils or whose work may otherwise be necessary to implement the approved OS-SWPPP must complete a project specific Contractor Certification Form (CCF) meeting the requirements set forth in Subsection J., below. Each contractor must also attend and document attendance at a pre-construction conference as defined in Section 4-12.4.1, Pre-Construction Conference. This form is to be submitted to the Primary Permittee or Secondary Permittee prior to commencement of construction activities and is to be retained with the approved OS-SWPPP at the site. Contractors are responsible for ensuring that their activity is in compliance with the approved OS-SWPPP and other permit conditions.
        5. Utility providers and utility contractors that are responsible, either directly or indirectly, for the construction, installation, and maintenance of conduits, pipes, pipelines, cables, wires, trenches, vaults, manholes, and similar structures or devices for the conveyance of natural gas (or other types of gas), liquid petroleum products, electricity, telecommunications (telephone, data, television, etc.), water, or sewage are required to complete a CCF or as an alternative, may submit an Annual Blanket Notice of Intent (AB-NOI) to DHEC. Utility operators shall submit their AB-NOI approved by SCDHEC to the City prior to the commencement of site activities.
    • Previously Permitted Projects. For projects covered under the 2006 CGP and where a contractor has signed a Co-Permittee Agreement as required by that permit, those contractors may continue to work under that agreement as a co-Permittee as long as that project’s coverage remains active and under the control of the Permittee to whom coverage was originally granted.
    • Pre-Construction Conference. All contractors and builders, including blanket utility providers or utility contractors, employed by a Primary or Secondary Permittee to work at a construction site with an approved OS-SWPPP must attend and document attendance at a pre-construction conference for each specific project or construction site prior to performing construction activities at that site. This documentation must be retained with the OS - SWPPP.
    • Lending or Other Institutions. If a lending institution, government entity, etc. takes operational control of a construction site due to foreclosure, Permittee filing for bankruptcy, abandonment, etc., then that entity is responsible for the construction site's stormwater discharges. Coverage is required under the permit prior to the entity initiating construction activity at the site.
    • Notice of Intent (NOI).
      1. Application. Applicants seeking coverage under the permit must use the NOI forms provided by the City.
      2. NOI Requirements for Primary Permittees: Applicants seeking coverage under the permit as a Primary Permittee must provide the following information on the NOI form to the City:
        1. Owner/operator name, address, telephone number, and Employer Identification Number (EIN) as established by the U.S. Internal Revenue Service;
        2. Project/site name, address, county or similar governmental subdivision, tax map number, and latitude/longitude of the construction project or site;
        3. Property owner name, address, and telephone number if property owner is different from owner/operator;
        4. Completed SWPPP (Stormwater Pollution Prevention Plan) in accordance with the provisions of this Article;
        5. Name and classification of the water(s) of the State into which the site discharges and identification of proposed impacts, if any, to jurisdictional and non-jurisdictional waters, including impacts of construction activities to SC Navigable Waters (SCNW);
        6. Indication whether the site discharge is consistent with the assumptions and requirements of applicable TMDLs;
        7. Estimated dates of commencement of construction activity and final stabilization (i.e., project start and completion dates);
        8. Total acreage of the construction site and total acreage (to the nearest tenth acre) to be disturbed for which the applicant is requesting permit coverage;
        9. A certification statement, signed and dated by an authorized representative as defined in §122.22 of SC Regulation 61-9, and the name and title of that authorized representative. The signature on the submitted NOI must be original; and
        10. Any other information, pertinent to the permit that the City requires on the NOI form.
      3. Requirements for NOIs for Secondary Permittees and Contractor Certifications: Secondary Permittees seeking coverage under the permit must provide the following information on the NOI Form. Contractor Certifications Forms (CCFs) must contain Items A, B, H, and I at a minimum.
        1. Secondary Permittee or contractor name, address, telephone number, and Employer Identification Number (EIN) as established by the U.S. Internal Revenue Service;
        2. Project/site name, subdivision name and lot number(s) (if applicable), NPDES coverage number for Primary Permittee;
        3. Property owner name, address, and telephone number if different from the owner/operator;
        4. The name, address, and telephone number of the individual to whom the Secondary Permittee has assigned the responsibility for the daily operational control of the site;
        5. Estimated dates of commencement of construction activity and final stabilization (i.e., project start and completion dates);
        6. Total acreage of the construction site and total acreage (to the nearest tenth acre) to be disturbed for which the applicant is requesting permit coverage;
        7. An indication that the provisions of the Primary Permittee’s approved OS-SWPPP will be adhered to by the Secondary Permittee while conducting any construction activity at the site, or an indication that the Secondary Permittee will develop a C-SWPPP for their discharges consistent with the provisions of Section 4-12.2.1, General Information, Subsection G., Comprehensive SWPPPs(C-SWPPPs). C-SWPPPs developed by the Secondary Permittee to address their discharges only should be provided to the Primary Permittee for inclusion in the Comprehensive SWPPP when the Secondary Permittee’s SWPPP is not consistent with the design provided by the Primary Permittee;
        8. A certification statement, signed and dated by an authorized representative as defined in §122.22 of SC Regulation 61-9, and the name and title of that authorized representative. The signature on the submitted NOI must be original; and
        9. Any other information, pertinent to the permit that the City requires on the NOI form.
    • Other Required Information. The following information and fees must also be submitted with the NOI form for the application to be complete:
      1. A check or money order made payable to the City of Florence according to the fee schedule promulgated by City Council resolution and as shown on the NOI application form;
      2. A copy of the Comprehensive SWPPP with the supporting documents and calculations; and
      3. For Secondary Permittees applying for coverage using the IL-NOI, a plat, plan, or map must be submitted outlining and identifying each lot included in their request for permit coverage.
    • Submission Deadlines. Deadlines for submission of an initial or a modified NOI application and other required information are defined below for “New” and “Ongoing” projects.” A “New Project” is defined as one that commenced construction after the effective date of the permit. An “Ongoing Project” is one that commenced construction before the effective date of the Permit.
      1. New Projects. To obtain coverage under the Permit, the Applicant must submit a complete and accurate NOI and other information required in this Article to the City prior to commencement of construction activities. Land disturbing activities may not commence until written approval is granted by SCDHEC and the City of Florence, and after a pre-construction meeting has been held including City of Florence representatives and all other parties involved.
      2. Permitted Ongoing Projects.
        1. If the applicant previously received authorization to discharge for the current phase of their project under the 2006 CGP, they shall be granted coverage under the permit as long as the construction site complies with the SWPPP requirements of this Article. There will be no additional fees associated with an extension of coverage for existing sites under the permit. However, the City may, at its discretion, require an applicant to confirm their intent to be covered under the permit following its effective date.
        2. For projects covered under the 2006 CGP, any individual or group that has signed a Co-Permittee Agreement may continue to conduct work as a Co-Permittee as long as the project’s coverage remains active and under the control of the operator to whom coverage was originally granted.
      3. New Owner/Operator of Ongoing Projects. Where the operator changes (new owner), after the initial NOI and C-SWPPP have been approved, the City must be notified in writing within seven calendar days. Accompanying this notification, the new operator must submit one of the following:
        1. A new NOI and C-SWPPP, when the new operator does not agree to comply with the approved C-SWPPP or elects to modify the approved C-SWPPP; or
        2. A new NOI and compliance statement, when the new operator agrees to comply with the approved C-SWPPP. Note that the C-SWPPP must still be updated, if not already completed, in compliance with Section 4-12.2.1, General Information, Subsection G., Comprehensive SWPPPs (C-SWPPPs).
        3. The new operator may not commence work at the construction site until approved by the City and Department of Health and Environmental Control (DHEC). The new Notice of Intent (NOI) and Comprehensive – Storm Water Pollution Prevention Plan (C-SWPPP) must reference the project’s name and tracking number assigned to the initial operator’s Notice of Intent (NOI) and Comprehensive – Storm Water Pollution Prevention Plan (C-SWPPP).
        4. If the construction site under the control of the new owner is inactive and all areas disturbed have reached stabilization, the NOI may not need to be submitted immediately. Written notification to the City should:
          1. Identify both the previous owner and new owner that will obtain operational control at a construction site,
          2. Identify the construction site as inactive,
          3. Identify each project area and the stabilization status (either as temporary stabilization or final stabilization),
          4. Provide a detailed explanation for delayed commencement of construction at the construction site under the direction of the new owner and proposed plans, schedule, dates, etc. for recommencement under the new owner, and;
          5. An NOI will need to be submitted before any additional construction activities are to be implemented at the construction site.
          6. If the site under the control of the new owner is inactive and all areas disturbed have not reached stabilization, the new owner must obtain permit coverage and provide stabilization as defined in this Article. Stabilization measures may be implemented prior to issuance of new permit coverage.
          7. If the new owner or operator has elected to modify the layout of the construction site, thereby altering the approved C-SWPPP, then the new owner or operator must apply for new coverage under the permit.
        5. If upon the sale or transfer of the construction site’s ownership does not change the signatory requirements for the NOI, but the site’s owner or developer’s company name has changed, an updated NOI should be submitted to the City along with written notification defining the proposed sale or transfer of ownership. If the new operator agrees to comply with an existing C-SWPPP already implemented at the site, a SWPPP acceptance and compliance statement should be included in the notification to the City. If the new operator does not agree to comply with an existing C-SWPPP, a new C-SWPPP must be submitted with the NOI to apply for new coverage under the permit.
        6. Each new owner/operator will be subject to the standard NPDES permit coverage fee for construction sites, as set in the fee schedule promulgated by City Council resolution. There will be no additional review fees associated with the sale or transfer of ownership for existing permitted construction sites when no major modifications to a SWPPP occur.
        7. If the transfer of ownership is due to foreclosure or a Permittee filing for bankruptcy proceedings, see Subsection I., above.
    • Late Notifications. NOIs submitted after initiating clearing, grading, filling, and excavation activities (including borrow pits and stockpile material storage areas), or other similar construction activities for projects or sites required to obtain authorization under the permit are considered late. When a late NOI is submitted, authorization for discharges occurs consistent with Subsection O., below. The City or DHEC may take enforcement for any un-permitted discharge or violations of laws or regulations that occur between the time construction activities have commenced and discharge authorization.
    • Where to Submit. The applicant must send a complete and accurate NOI application to the Engineering Division of the City of Florence.
    • Authorization to Discharge
      1. Authorization to discharge shall be granted by DHEC within seven business days of DHEC receipt of the NOI, submittal review fees, and written approval from the City.
      2. If DHEC does not send a letter authorizing coverage within the specified time outlined within the regulations, denying coverage, providing review comments, or advising that a review of the C-SWPPP will take place, the authorization to discharge will be automatically granted.
      3. If a U.S. Army Corps of Engineers’ 404 Permit or DHEC 401 Water Quality Certification is required by Section 404 or 401 of the CWA for permanent or temporary stormwater control structures, DHEC may not grant the applicant coverage under the permit until the 404 and 401 permits have been issued and are effective.
      4. In situations where the 404 permit decision will not affect the implementation of a SWPPP, DHEC will issue approval of the SWPPP and grant coverage under the permit before the 404 permit decision is effective.
      5. In situations where the 404 permit decision will affect only a portion of the “project area”, the City may grant the unaffected portion of the “project area” coverage under the permit. The remaining portion of the “project area” will be considered after the 404 permit is issued and effective.
      6. In situations where the entire “project area” is affected by the 404 permit decision, DHEC will not grant coverage under this general permit until the 404 permit decision is issued and effective.
      7. When permanent or temporary structures will be placed in South Carolina Navigable Waters, DHEC will address any issues related to South Carolina Navigable Waters’ Program under SC Regulation 19-450 during the review of the C-SWPPP rather than requiring a separate South Carolina Navigable Waters Permit. This provision will only apply to activities that will not require a 404 permit or a 401 certification.
    • Effective on: 1/15/2018

      Sec. 4-12.2.1 General Information
    • Required Plans. A Stormwater Pollution Prevention Plan (SWPPP) is a requirement for coverage under the NPDES permit. The applicant shall submit a complete Comprehensive SWPPP (C-SWPPP) as set out in Subsection G., below, for City and DHEC review and approval. After C-SWPPP approval, a condensed version of the C-SWPPP labeled as the On-Site SWPPP (OS-SWPPP), as set out in Subsection H., below, must be kept at the construction site until final stabilization is reached and coverage under the permit has been terminated.
    • Plan Preparation. At least one C-SWPPP must be developed for each construction site seeking coverage under the permit. When applicable, a qualified individual, as defined by Section 4-12.2.2, Design and Development, Subsection B., Preparation and Certification, and in accordance with Good Engineering Practices (GEP), must prepare the C-SWPPP.
    • Deemed Complete. The C-SWPPP must be submitted with the NOI for the application to be deemed complete.
    • Required Consistency or Exemption. The C-SWPPP is to be consistent, at a minimum, to the standards listed in S.C. Regulation 72-300, unless specifically exempted by S.C. Regulation 72-302.A.
    • C-SWPPP Requirements. The C-SWPPP must:
      1. Be site-specific;
      2. Identify all potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges from the construction site;
      3. Describe practices to be used to reduce pollutants in stormwater discharges from the construction site,
      4. Assure compliance with the terms and conditions of the permit when properly implemented; and
      5. If the C-SWPPP must be prepared by an individual identified in Section 4-12.2.2, Design and Development, Subsection B., Preparation and Certification, the C-SWPPP must contain the following certification: “I have placed my signature and seal on the design documents submitted signifying that I accept responsibility for the design of the system. Further, I certify to the best of my knowledge and belief that the design is consistent with the requirements of Title 48, Chapter 14 of the Code of Laws of SC, 1976 as amended, pursuant to Regulation 72-300 et seq. (if applicable), and in accordance with the terms and conditions of SCR100000.”
    • Required Implementation. The Permittee must implement the approved C-SWPPP at the construction site as written from commencement of construction activities until final stabilization has been reached. The approved C-SWPPP to be implemented will be a condensed version, as defined in Subsection H., below, and will be labeled as the OS-SWPPP.
    • Comprehensive SWPPPs (C-SWPPPs).
      1. Each C-SWPPP must be designed, approved, and implemented to meet all applicable requirements outlined by the permit. A C-SWPPP is to accompany the NOI when the Permittee is seeking coverage under the permit. The C-SWPPP is to include all applicable items outlined in Section 4-12.2.8, Submittal Requirements. Once approved, the C-SWPPP will be condensed into the OS-SWPPP, as outlined in Subsection H., below, before undergoing implementation. The construction site plans are referenced as part of the contents of a C-SWPPP but do not have to be bound to the C-SWPPP. The construction site plans should be submitted as a separate document.
      2. For non-linear construction sites disturbing more than five acres, the C-SWPPP must be submitted with a phased erosion prevention and sediment control plan in accordance with Section 4-12.2.8, Submittal Requirements, Subsection I., Construction Site Plans.
      3. For any C-SWPPPs associated with an LCP specifically associated with residential development, the C-SWPPP must be designed in a manner that the entire project site, during construction and through final build out, is in compliance with the requirements of this Article. A C-SWPPP designed to the above conditions will allow Secondary Permittees to apply for individual lot coverage under the NPDES permit by referencing and implementing the approved OS-SWPPP.
    • On-Site SWPPPs (OS-SWPPPs).
      1. An OS-SWPPP is a derivative of the C-SWPPP and is created after the C-SWPPP has been submitted to and approved by the City and DHEC. Once the OS-SWPPP is created from the approved C-SWPPP, it is to be stored at the construction site as required by Subsection A., above.
      2. The OS-SWPPP must include the same stormwater management and sediment control plan, and the same construction site plans included in the C-SWPPP approved for the site.
      3. Each OS-SWPPP will act as the construction site’s living documentation that will be followed as the stormwater pollution prevention plan is implemented, updated as modifications are made, and used as a record log as stages of the approved OS-SWPPP are completed until the construction site has reached final stabilization and coverage under the permit has been terminated.
      4. The contents of the OS-SWPPP include all items required for the review and approval of the C-SWPPP under Section 4-12.2.8, Submittal Requirements except for engineering reports, as set out in Section 4-12.2.8, Submittal Requirements, Subsection H., Engineering Reports.
      5. The contents of the OS-SWPPP must also include the following additional documents which may not be required to be a part of the C-SWPPP prior to approval:
        1. One copy of the permit, excluding the appendices. Provisions may be made for the copy of the general permit to be accessed electronically as long as a hard copy can be made available by the end of the working day when required.
        2. A stamped and approved copy of the NOI.
        3. The letter generated once the C-SWPPP is determined to be in compliance with the permit.
        4. Any additional letters, approvals, or certifications necessary to implement the OS-SWPPP, when necessary.
        5. Certifications necessary to allow impacts to Waters of the State or jurisdictional wetlands, when necessary.
        6. Certifications necessary to allow contractors to conduct construction activities within the construction site.
        7. Any logs necessary to track the progress, compliance, modifications, and those associated with the construction site. These logs may include, but are not limited to, a pre-construction conference log, inspection log, stabilization log, rain log, contractor log, or any additional record keeping as deemed necessary by the Permittee, contractor, DHEC, or the City.
    • Effective on: 1/1/1901

      Sec. 4-12.2.2 Design and Development
    • Unique Situations. Each C-SWPPP must be designed and developed to specifically address the unique situations found on each construction site seeking coverage under the permit. Each C-SWPPP must include a stormwater management and sediment control section as set out in Section 4-12.2.8, Submittal Requirements, Subsection B., Stormwater Management and Sediment Control.
    • Preparation and Certification. For construction sites that disturb more than one acre, each C-SWPPP must be prepared, amended when necessary, certified, and stamped as allowed by their respective act and regulations by a qualified individual who is licensed as follows:
      1. Registered professional engineers as set out in Title 40, Chapter 22;
      2. Registered professional landscape architects as set out in Title 40, Chapter 28, Section 10, item (b);
      3. Tier B land surveyors as set out in Title 40, Chapter 22; or
      4. Federal government employees as set out by Title 40, Chapter 22, Section 280(A)(3).
    • Effective on: 1/15/2018

      Sec. 4-12.2.3 Signatory Requirements
      The C-SWPPP must be signed and certified by SWPPP preparer who meets the requirements in Section 4-12.2.2, Design and Development, Subsection B., Preparation and Certification.

      Effective on: 1/1/1901

      Sec. 4-12.2.4 Applicable Federal, State, and City Regulations
      Each C-SWPPP must be consistent with all applicable Federal, State and City requirements for soil and erosion control and stormwater management, including updates to each C-SWPPP as necessary to reflect any revisions to applicable requirements for erosion prevention and sediment control through the management of stormwater runoff.

      Effective on: 1/1/1901

      Sec. 4-12.2.5 Review and Approval
    • Required Review and Approval. The C-SWPPP is required to be submitted for review and approved by the City and DHEC before construction activities may commence.
    • Major Modifications. Any major modification, as set out in Section 4-12.2.7, Modifications, Subsection C., Major Modifications, to any SWPPP is required to be submitted to and approved by the City and DHEC before implementation of any major modifications may commence.
    • Minor Modifications. Minor modifications, as set out in Section 4-12.2.7, Modifications, Subsection D., Minor Modifications, may be made to any SWPPP by the Permittee without approval. However, these modifications must be recorded in the OS-SWPPP and be made available upon request by the City or DHEC.
    • Effective on: 1/1/1901

      Sec. 4-12.2.6 Availability
    • Plan Availability. A copy of the OS-SWPPP, as set out in Section 4-12.2.1, General Information, Subsection H., On-Site SWPPPs, must be retained at the construction site or a nearby location that is easily accessible during normal business hours, from the date of commencement of construction activities to the date that final stabilization is reached.
    • Notice of Location. If a location within the construction site is unavailable to store the OS-SWPPP when no personnel are present, notice of the plan's location, along with any updated contact information, must be posted near the main entrance at the construction site.
    • On-Site Availability. Contractors and/or builders who have day-to-day operational control over OS-SWPPP implementation, must have a copy of this SWPPP available at a central location within the construction site for the use by all those identified as having responsibilities under the OS-SWPPP.
    • Available Upon Request. For linear construction of roads and utilities (i.e., electrical power lines, gas lines, main sewer trunk lines, and water distribution lines), which are not part of an LCP, where it is not practical to have the OS-SWPPP on location, the Permittee and/or operator must, upon request, make the OS-SWPPP available by the end of normal business hours, or by the following business day under extenuating circumstances.
    • Available for Inspection. OS-SWPPPs must be made available upon request and at the time of a construction site inspection by EPA, DHEC, or City representatives.
    • Effective on: 1/1/1901

      Sec. 4-12.2.7 Modifications
    • Modification of Ineffectiveness. Each SWPPP must be modified if during inspections or investigations by City, State or Federal officials, it is determined that any SWPPP is ineffective in either eliminating, when reasonably possible, or significantly minimizing pollutants in stormwater discharges from the construction site.
    • BMP Modifications. Each SWPPP must be modified, as necessary, to include additional or modified Best Management Practices (BMPs), which are designed to correct problems identified during the construction site inspection by any qualified inspector, as set out in Section 4-12.4.2, Inspections, Subsection E., Inspector Qualifications, or by City, State, or Federal officials. Revisions to each SWPPP must be completed within seven calendar days following the inspection. Implementation of these additional or modified BMPs must be accomplished as set out in Section 4-12.2.8, Submittal Requirements, Subsection F., Best Management Practices (BMPs).
    • Major Modifications. Each SWPPP must be modified and submitted for review and approval by the City and DHEC if any of the following conditions are met:
      1. Whenever there is a significant change in design, construction, operation, or maintenance at the construction site resulting in discharges that will cause, have the reasonable potential to cause, or contribute to violations to S.C.’s Water Quality Standards.
      2. Whenever a change in the design, construction, operation, or maintenance calls for a revision of any approved SWPPP based on the following list of modifications:
        1. Modifications that will affect the hydrology or trapping efficiency calculations including:
          1. Resizing sediment or detention basins that must be modified due to changes in peak flow or volume resulting from changes in site development plan.
          2. Deletion of sediment or detention basin or sediment trap.
          3. Relocation of sediment or detention basins resulting in increases/decreases in receiving drainage area and/or resulting in a new/relocated basin outlet location, which is directed towards an outfall that was not approved within the C-SWPPP.
          4. Addition/removal of sediment or detention basin.
          5. Modification of sediment or detention basin outlet structure.
          6. Changes in grading that alter drainage patterns that may result in increased or decreased flow to a sediment or detention basin.
          7. Amending construction sequence in a fashion that the detention basin is not installed before grubbing operations begin.
        2. Point discharge or outfall location changes.
        3. Any modification to regulated water quality structural control measures.
        4. Adding a new point discharge.
        5. Addition of impervious area due to revised site development plans.
        6. Addition of the disturbed area.
        7. Changes to a navigable water crossing.
        8. Addition of sediment trap(s) when required to obtain 80 percent trapping efficiencies for disturbed areas not previously permitted or redirected away from an approved water quality BMP.
        9. Site layout changes that require redesigning the stormwater management system.
        10. Any additional modifications as determined by the City or DHEC
    • Minor Modifications. The Permittee must modify the OS-SWPPP and keep a record of each modification within the OS-SWPPP if any of the following conditions are met:
      1. Addition of BMPs. Addition of silt fence, slope drains, inlet protection, or outlet protection that does not involve additional wetland impacts, or check dams to improve the overall stormwater management and sediment control at the construction site.
      2. BMP Relocations. Relocation of the construction entrance, pond inlet pipes (within a pond), and any other proposed BMP to improve the overall stormwater management and sediment control at the construction site.
      3. Removal of Disturbed Areas. Minor modifications are not required as long as the removal of the disturbed area does not also remove any BMPs (ponds, traps, etc.) that are required to meet S.C.’s Water Quality or Quantity Standards. Removal of disturbed area only qualifies for disturbed area that was included in the initial coverage approval and that was never disturbed (i.e., cleared, grubbed or graded).
      4. Modifying Individual Lot Drainage. Minor modifications are not required unless the changes affect the inflow to a detention structure or analysis point, to which the lot drains, that was not previously approved.
    • Effective on: 1/1/1901

      Sec. 4-12.2.8 Submittal Requirements
    • Project Narrative. Each C-SWPPP must include a project narrative that accurately addresses the following requirements for each construction site:
      1. Scope of project outlined, including a detailed description of pre- and post-development conditions.
      2. Description of existing and potential flooding problems at the site due to pre-construction drainage conditions, and any potential flooding problems within the surrounding area that may be a direct result of current site conditions or the proposed site development. Identify if the site is located within a floodplain.
      3. The function of the project (e.g., low density residential, shopping mall, highway, etc.).
      4. Estimates of the total area expected to be disturbed by excavation, grading, or other construction activities, including dedicated off-site borrow and fill areas.
      5. Information regarding the required on-site support activities (e.g. concrete and asphalt batch plants, etc.).
      6. Identification of prior uses of the construction site or potential sources of pollution that may reasonably be expected to cause or contribute to a violation of any applicable water quality standard based upon the existing condition of the construction site.
    • Stormwater Management and Sediment Control. Each C-SWPPP must include a stormwater management and sediment control section that accurately addresses the following requirements for each construction site:
      1. Industrial Stormwater Discharges. Identify and describe the location of any stormwater discharge associated with industrial activity other than construction activities at the construction site. This includes stormwater discharges from dedicated asphalt plants and dedicated concrete plants, which are covered by the permit.
      2. Water Quality BMPs. Identify and describe all pollution control measures (i.e., BMPs) that will be implemented as part of the construction activities to control pollutants in stormwater discharges.
      3. Erosion Prevention BMPs. Identify and describe all temporary and final stabilization practices for the construction site, including a schedule of when the practices will be implemented. Use of impervious surfaces for stabilization should be avoided.
      4. Structural Control Measures and Floodplain Placement. Identify and describe all structural practices used to divert flows from exposed soils; to retain/detain flows; or to otherwise limit runoff and the discharge of pollutants from exposed areas of the construction site. Placement of structural practices in floodplains must be in accordance with applicable regulations.
      5. Post-Construction Water Quality BMPs. Identify and describe all post-construction stormwater management measures (LIDs, BMPs, etc.) that will be installed during the construction process to control pollutants in stormwater discharges after construction operations have been completed.
      6. Construction Debris Management. Identify and describe all measures to prevent the discharge of building or other similar materials to Surface Waters of the State, except as authorized by a permit issued under Section 404 of the CWA.
      7. Construction Entrances and Dust Control. Identify and describe all measures to minimize off-site vehicle tracking of sediments onto paved surfaces and the generation of dust.
      8. Stock Pile Management. Identify and describe potential construction and waste materials expected to be stored on-site. The controls, including storage practices such as roll off containers, spill prevention, and response practices used to minimize exposure of these waste materials to stormwater discharges must also be identified and described.
      9. Additional Onsite and Offsite Pollution Identification. Identify and describe potential pollutant sources from areas other than construction (including stormwater discharges from dedicated asphalt plants and dedicated concrete plants), and controls and measures that will be implemented at those sites to minimize pollutant discharges.
    • Sequence of Construction. The C-SWPPP must include a sequence of construction that accurately describes the nature of the construction activity for each construction site.
      1. The sequence of construction must include, at a minimum, the intended sequence and timing of all planned major construction activities that disturb soils, such as clearing and grubbing, installing sediment basins prior to remaining land disturbance, initial and final grading, and cut and fill activities at the construction site.
      2. When phased erosion prevention and sediment control plans are required, as set out in Subsection I., below, each phase must include a phase specific sequence of construction that accurately describes the nature of all construction activity for each phase at the construction site.
      3. The sequence of construction must be included within the construction site plans, as set out in Subsection I., below. The sequence of construction should begin with the installation of any construction entrances and installation of perimeter controls, and should end with the removal of all temporary sediment and erosion control measures and the conversion of any BMPs required to be converted into permanent control measures, once the site has been finally stabilized. The level of detail will vary based on the nature and complexity of the construction project
    • Site Features and Sensitive Areas
      1. Waters of the State. The C-SWPPP must identify and delineate all Waters of the State (WoS), including wetlands, located within the disturbed area and/or the total area associated with the construction site. The C-SWPPP must also identify all Waters of the State (WoS), including wetlands, which are located immediately adjacent to or within the surrounding area of the construction site. The C-SWPPP must also identify receiving waters, including wetlands and South Carolina Navigable Waters. The following must be addressed when a Waters of the State (WoS) is required to be identified.
        1. An additional, separate plan sheet, provided within the construction site plans when necessary that delineates all WoS within the construction site's limits of disturbance, and that identifies all Waters of the State (WoS) within the surrounding or adjacent areas. This plan sheet must identify all impacted areas with a description of the activities, whether permanent or temporary, and any other relevant information.
        2. If impacts to WoS, outlined areas of impacts and labeled that no work can begin in this area until all necessary U.S. Army Corps of Engineers (USACOE) permits and DHEC 401 certifications have been obtained.
        3. If structural BMPs are proposed to be installed within a Waters of the State (WoS), the Comprehensive - Storm Water Pollution Prevetion Plan (C-SWPPP) must specifically address the requirements set out in Subsection F., below.
      2. Buffer Zone Management. In order to minimize sediment discharges, during construction, if surface waters are located on or immediately adjacent to the construction site, the C-SWPPP must address any stormwater discharges from the construction site to such waters so that these discharges are treated by an undisturbed buffer zone that is capable of achieving maximum pollutant removal.
        1. The C-SWPPP must identify an undisturbed buffer zone that meets the following criteria when surface waters are located on or immediately adjacent to the construction site (see Division 4-12.5, Riparian Buffers for water body definition):
          1. 30-Foot Natural Buffer around Level III Water Bodies. Provide and maintain, at a minimum, a 30-foot undisturbed buffer zone during construction around Level III water bodies as defined by the City. This natural buffer should be located between the surface waters and the outermost sediment and erosion controls at the construction site;
          2. 45-Foot Extended Natural Buffer around Level I and II Water Bodies. Provide and maintain, at a minimum, a 45-foot undisturbed buffer during construction where the surface waters are classified as Level I or Level II water bodies by the City. This extended natural buffer should be located between the surface waters and the outermost sediment and erosion controls at the construction site;
          3. Velocity Dissipation Requirements. All discharges into a buffer zone should be non-channelized and non-concentrated to prevent erosion, and must first be treated by the construction site’s sediment and erosion controls. Velocity dissipation measures may be implemented within a buffer zone as set out below in c.4;
          4. Additional City Requirements. The provided buffer zone should meet the riparian buffer requirements set out in Section 4-12.5.1, Riparian Buffer Requirements. Permanent buffer zone requirements supersede the buffer zone management requirements of this Section for Level I and Level II water bodies. Minimum requirements of this Section and Section 4-12.5.1, Riparian Buffer Requirements shall be implemented along Level III water bodies. The City may allow for temporary encroachment on permanent buffer requirements for Level II and III water bodies on a case-by-case basis in accordance with Section 4-12.1.2, Sediment and Erosion Control, Subsection B., Requirements. Development within construction and permanent riparian buffers must adhere to the most restrictive buffer requirements, unless otherwise directed by the City, and be in compliance with one of the options set out in b below.
        2. The C-SWPPP must identify and address each applicable buffer zone management requirement through one of the following compliance options.
          1. Option A, Provide the Entire Buffer Width. Provide and maintain, at a minimum, the required buffer zone in addition to the required erosion prevention and sediment control BMPs for the construction site. C-SWPPPs pursuing this option must also include:
            1. A narrative detailing that a buffer zone is to be maintained at a length of the required buffer width; and
            2. A list of standard notes addressing the maintenance of the buffer zone and supporting BMPs. These notes may be located within the construction site plans.
          2. Option B, Reduction of the Buffer Width. Provide and maintain an undisturbed buffer that is less than the required buffer width in addition to the required erosion prevention and sediment control BMPs for the construction site. Situations qualifying for this option are set out in c below. Other situations may be approved for this option on a site-to-site basis. C-SWPPPs pursuing this option must include:
            1. A narrative detailing that a buffer zone is to be maintained at a length less than the required buffer width;
            2. A detailed sequence of the procedures and/or controls (including the installation of BMPs, maintenance of BMPs, and removal of BMPs) to be implemented to protect the immediately adjacent or on-site surface waters;
            3. A list of standard notes addressing the maintenance of the buffer zone and supporting BMPs. These notes may be located within the construction site plans.
          3. Option C, Elimination of the Buffer Zone. Provide and maintain the required erosion prevention and sediment control BMPs for the construction site when circumstances restrict the capability of providing a buffer zone. Situations qualifying for this option are set out in c above. Other situations may be approved for this option on a site-to-site basis. C-SWPPPs pursuing this option must also include the following:
            1. A narrative justifying why an undisturbed buffer, of any length, will not be provided due to site-specific conditions;
            2. A detailed sequence of the procedures and/or controls (including the installation of BMPs, maintenance of BMPs, and removal of BMPs) to be implemented to protect the immediately adjacent or on-site surface waters;
            3. Calculations which support that the proposed sediment control BMPs are capable of meeting the design criteria identified in State Regulation 72-307.C.(5).(a)-(c), Sedimentology, regardless of the disturbed area discharging to the surface water; and
            4. A list of standard notes addressing the maintenance of all BMPs discharging into surface waters. These notes may be located within the construction site plans.
        3. All or portions of the construction site may not be required to meet the entire 30-foot (45-foot if discharging to Level I or Level II water bodies) buffer widths, if at all, when any of the following circumstances is applicable at the construction site prior to implementation of land disturbing activities and all items in either compliance option B or C are provided:
          1. Discharges Away from Surface Waters. Circumstance where construction stormwater runoff will not be discharged into on-site or immediately adjacent surface waters.
          2. Pre-Existing Development. Areas within the required buffer zone that have been developed prior to the issuance of the permit.
          3. Non-jurisdictional Waters. This includes, but is not limited to, surface waters to be impacted and treatment works.
          4. Special Circumstances. Under special circumstances, work may be allowed within the designated buffer zones, but only when any of the following apply and a modification request has been submitted in accordance with Section 4-12.1.2, Sediment and Erosion Control, Subsection B., Requirements:
            1. Final stabilization measures have been implemented on all disturbed areas discharging to the buffer zone;
            2. Implementation of velocity dissipation measures within the buffer zone; and
            3. Work in the buffer zone will not allow stormwater discharges to cause or contribute to violations of water quality standards.
        4. Buffer requirements and setbacks as set out in Division 4-12.5, Riparian Buffers are applicable under all development conditions unless otherwise waived, in writing, by the City. However, disturbances at the construction site are not required to meet the construction buffer zone management requirements of the permit when the following conditions are met:
          1. The C-SWPPP limits the area of disturbance to the minimum needed to complete the construction and to access the site,
          2. All appropriate CWA 404 permits and/or authorizations are obtained,
          3. The C-SWPPP retains the vegetation outside of the cited disturbed areas and
          4. The construction activity consists solely of any of the following circumstances:
            1. Linear Projects. This includes any linear construction projects, that consists solely of either roadways and/or utilities (such as roads that are not part of a development and utility construction including electrical power lines, gas lines, main sewer trunk lines, and water distribution lines that are not part of a development);
            2. Construction of Water Dependent Structures and Water Access Areas. This includes, but is not limited to, piers, boat ramps, and trails
            3. Habitat Restoration Projects. This includes, but is not limited to, mitigation requirements;
            4. Routine Maintenance. This includes, but is not limited to, the maintenance of existing structures located within the required buffer width
        5. The selected compliance option, set out in 2.b above, must be maintained throughout the duration of all land disturbing activities until final stabilization has been reached on all areas discharging to the provided buffer zone. Each erosion prevention, sediment control, and velocity dissipating BMP discharging to a buffer zone must be maintained to ensure that each BMP is capable of achieving maximum pollutant removal.
    • Sources of Pollution
      1. The C-SWPPP must identify potential sources of pollution, including sediment and fertilizers, which are likely to affect the quality of stormwater discharges from the construction site. Identified sources of pollution must be addressed in the C-SWPPP, a few examples of sources of pollution are set out in Subsection B., above.
      2. Litter, construction debris, oils, fuels, and building products with significant potential for impact (such as stockpiles of freshly treated lumber) and construction chemicals that could be exposed to stormwater must be prevented from becoming a pollutant source in stormwater discharges, as set out in Subsection B., above.
    • Best Management Practices (BMPs)
      1. The C-SWPPP must include a Best Management Practices (BMPs) section that accurately and descriptively addresses the use, installation, maintenance, and inspection for each of the following types of pollution control measures (i.e., BMPs) as outlined in the stormwater management and sediment control plan, as set out in Subsection B., above:
        1. Erosion Prevention BMPs. Each erosion prevention BMP must be designed, installed, and maintained to achieve maximum pollutant removal, to the extent that the Permittee’s discharges shall not cause or contribute to violations of water quality standards, as outlined below and by the design criteria identified in State Regulation 72-307 - Specific Design Criteria, Minimum Standards and Specifications, unless specifically exempted by S.C. Regulation 72-302.A.Except as provided below, initiate soil stabilization measures as soon as practicable whenever land disturbing activities have been temporarily or permanently ceased, but in no case more than 14 days after land disturbing activity in that portion of the construction site has temporarily or permanently ceased.
          1. Where snow cover or frozen ground conditions preclude stabilization by the 14th day, stabilization measures must be initiated as soon as practicable.
          2. Where construction activity on a portion of the construction site is temporarily ceased, and earth disturbing activities will be resumed within 14 days, temporary stabilization measures do not have to be initiated on that portion of the construction site.
        2. Sediment Control BMPs. Each sediment control BMP must be designed, installed, and maintained to achieve maximum pollutant removal, to the extent that the Permittee's discharges shall not cause or contribute to violations of water quality standards, as outlined below and by the design criteria identified in State Regulation 72-307.C.(5).(a), 72-307.C.(5).(b) and 72-307.C.(5).(c), unless specifically exempted by SC Regulation 72-302.A.
          1. Inlet Protection. Inlet protection must be provided at all existing and newly installed inlets that receive stormwater runoff from the disturbed areas.
          2. Outlet Protection. Outlet protection must be provided at all existing and newly installed outlets, within the construction site’s boundary, that discharge stormwater runoff from the disturbed areas. Silt fence may not be used as outlet protection.
          3. Sediment Basins. For common drainage outfalls that serve an area with 10 or more disturbed acres, a sediment basin, or equivalent sediment control BMPs, which meet the criteria identified in State Regulations 72-307.C.(5), must be provided where attainable until final stabilization of the construction site is achieved. For common drainage outfalls serving an area of less than 10 acres, sediment basins are still recommended where applicable. In addition the sediment basin must be designed to meet the following requirements:
            1. When computing the number of acres draining into a common drainage outfall, it is not necessary to include flows from off-site areas and flows from on-site areas that are undisturbed or have undergone final stabilization, and have been diverted around both the disturbed area and the sediment basin.
            2. In determining whether installing a sediment basin is attainable, the SWPPP preparer may consider factors such as soils, slope, available area on-site, etc. If a sediment basin is determined to be not attainable, sediment traps or equivalent sediment control BMPs should be used (e.g., silt fences, vegetative buffer strips, rock check dams, rock sediment dikes, or a combination of these).
            3. In any event, the SWPPP preparer must consider public safety as a design factor for the sediment basin, and alternative sediment controls must be used where construction site limitations would preclude a safe design.
            4. Unless infeasible, properly design, install, and maintain porous baffles, or similar control measures capable of enhancing settling capabilities and restricting the accumulation of sediment around the outlet structure, in all temporary sediment traps and sediment basins to reduce velocity, turbulence, and improve sediment trapping efficiency.
            5. Unless infeasible, sediment forebays, or similar control measures capable of providing sediment trapping at inlets of sediment basins, should be installed as practicable based on sediment storage requirements of each sediment basin.
            6. Unless infeasible, each sediment basin must be equipped with a cleanout stake indicating when the basin is to be cleaned.
          4. Sediment Traps. For drainage outfalls serving greater than two acres but less than five acres, sediment traps, or equivalent sediment control BMPs, which meets the criteria identified in State Regulations 72-307.C, when applicable, must be provided where attainable until final stabilization of the construction site is achieved.
          5. Water Surface Dewatering. When discharging from sediment basins and similar impoundments, utilize outlet structures that only withdraw water from near the surface of the basin or impoundment, unless infeasible. This outlet structure should be capable of conveying the flow for the 10-year, 24-hour storm event.
        3. Runoff Control and Conveyance Measures BMPs. Each runoff control and conveyance measure BMP must be designed, installed, and maintained to achieve maximum pollutant removal, to the extent that the Permittee's discharges that shall not cause or contribute to violations of water quality standards, as outlined below and by the design criteria identified in State Regulation 72-307 - Specific Design Criteria, Minimum Standards and Specifications, unless specifically exempted by S.C. Regulation 72-302.A.
          1. Permanent Conveyance Measures. Each conveyance measure must be stabilized and capable of handling the 25-year, 24-hour storm event with non-erosive flow conditions during construction and post-construction. If the velocity exceeds four ft/s, then permanent velocity dissipation measures, devices, and/or erosion prevention BMPs must be installed to provide non-erosive flow conditions.
          2. Temporary Conveyance Channels. Design channels to avoid disturbed areas and to reduce erosion. Divert concentrated flows of stormwater running onto the site and within the construction site to avoid contact with soils exposed during construction, unless infeasible. Prevent erosion of channel embankments, outlets, adjacent stream banks, slopes, and downstream waters during discharge conditions through the use of velocity dissipation devices (e.g., check dams, sediment traps, riprap, or grouted riprap at outlets) within and along the length of any constructed stormwater conveyance channel, and at any outlets to provide a non-erosive flow velocity.
          3. Stabilization of Conveyance Channels. Complete stabilization of stormwater conveyance channels (within seven days of channel construction). Examples of vegetative and non-vegetative stabilization techniques include channel liners, rolled erosion control products (e.g., erosion control blankets and turf reinforcement mats), riprap, geotextiles, or other armoring materials that are suitable for use in areas with concentrated or channelized flow. Application of mulch, hydromulch, tackifier, or similar erosion prevention practices that are erodible, conveyable, or that obstruct flow when used in areas with concentrated or channelized flow in stormwater conveyance channels is prohibited.
          4. Storm Drainage Systems. No new point discharges onto adjacent property where there was not a point discharge previously, unless written permission from the adjacent property owner is provided. A twenty foot minimum buffer should be provided, where feasible, between the property line and the discharge point. Level spreaders, plunge pools, etc. shall be provided when the proposed outlet is near the property line and not directed to an existing outfall, such as a creek or ditch. All outlets from a storm sewer system shall not discharge on fill slopes.
          5. Velocity Dissipation Devices. Appropriate velocity dissipation devices and/or erosion prevention BMPs must be placed at discharge locations and along the length of any outfall channel to provide non-erosive flow from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected. Silt fence may not be used as an energy dissipater.
        4. Post Construction Water Quality Control BMPs. Each post-construction water quality control BMP, including structural and non-structural BMPs, as mentioned below, must be designed, installed, and maintained to achieve maximum pollutant removal, to the extent that the Permittee's discharges that shall not cause or contribute to violations of water quality standards, as outlined below and by the design criteria identified in State Regulation 72-307.C.(5).(d), 72-307.C.(5).(e), 72.307.C.(5).(f), 72-307.C(5)(g) and 72-307.C.(11), as applicable, unless specifically exempted by S.C. Regulation 72-302.A. Design Criteria may be modified for a specific project or type of project.
        5. Structural BMPs. All structural BMPs should be placed on upland soils to the best degree practicable. Such control measures must be designed and installed in compliance with applicable Federal, State, and City requirements. The following requirements for structural BMPs proposed to be installed in jurisdictional Waters of the State:
          1. Permanent Structural BMPs can only be placed in jurisdictional Waters of the United States if the U.S. Army Corps of Engineers (USACOE) issues a permit for the activity under Section 404 of the CWA. When South Carolina Navigable Waters may be affected, the C-SWPPP must include appropriate requirements applicable to South Carolina Navigable Waters under S.C. Regulation 19-450.
          2. Temporary Structural BMPs can only be placed in jurisdictional Waters of the United States if the U.S. Army Corps of Engineers (USACOE) issues a permit for the activity under Section 404 of the CWA. When South Carolina Navigable Waters may be affected, the C-SWPPP must include appropriate requirements applicable to South Carolina Navigable Waters under S.C. Regulation 19-450. All temporary structural BMPs placed in perennial streams must be removed after final stabilization has been accomplished.
          3. Temporary Structural BMPs may only be placed in Waters of the State when there is no other feasible alternative. All temporary structural BMPs placed in ephemeral and intermittent streams must be removed after final stabilization has been accomplished. After removal of the temporary structural BMPs, the ephemeral or intermittent stream must be restored to its original condition.
          4. Detention/Retention Ponds. When the C-SWPPP requires the use of detention/retention ponds, the ponds should be designed, constructed, and maintained in accordance to S.C. Reg. 72.307.
        6. Non-structural BMPs. All non-structural BMPs must be designed, installed, and maintained to achieve maximum pollutant removal, to the extent that the Permittee's discharges that shall not cause or contribute to violations of water quality standards, as outlined by the design criteria identified in State Regulation 72-307 - Specific Design Criteria, Minimum Standards and Specifications, unless specifically exempted by S.C. Regulation 72-302.A.
        7. Low Impact Development BMPs. The C-SWPPP should identify all Low Impact Development (LID) techniques when these measures are proposed to treat post-development runoff in order to meet permanent water quality and/or post-development quantity requirements. LIDs and other infiltration practices for post-construction stormwater management should be constructed only after the drainage area to these practices has been stabilized.
        8. Additional BMPs. Any additional BMPs, not listed above, must be designed, installed, and maintained to achieve maximum pollutant removal, to the extent that the Permittee's discharges that shall not cause or contribute to violations of water quality standards, as outlined by the design criteria identified in State Regulation 72-307 - Specific Design Criteria, Minimum Standards and Specifications, unless specifically exempted by S.C. Regulation 72-302.A.
      2. The design, inspection, and maintenance of Best Management Practices (BMPs) described in the C-SWPPP must be prepared in accordance with good engineering practices and at a minimum should be consistent with the requirements and recommendations contained in the current edition of the DHEC Stormwater BMP handbook or applicable appendices of this Article. The DHEC Stormwater BMP handbook is designed to provide guidance to planners, developers, engineers, and contractors on the proper selection, installation, and maintenance of BMPs.
    • Maps
      1. The C-SWPPP must include the following maps for the site:
        1. Topographic Map. This map must contain the project boundary outline, route of stormwater runoff towards the nearest receiving water body, overlaying contours of the site and the surrounding areas, and names of all roadways adjacent to the construction site.
        2. Soils Map. This map must contain the project boundary outline, the outlines of the predominate soil types found at the construction site, and the names of each soil type.
        3. Floodway Map. This map must contain the project boundary outlined and the boundaries of any floodplains or floodways on or adjacent to the construction site. Each floodplain must be clearly identified.
        4. Vicinity Map. This map must contain the project boundary outline, north arrow, names of all roadways, towns and landmarks on or adjacent to the construction site.
      2. The C-SWPPP must include drainage maps for both the pre-development and post-development conditions, including the entire construction site identifying:
        1. Direction(s) of stormwater runoff and the approximate slopes anticipated after major grading activities;
        2. Existing and/or proposed contours within the project boundary outline and into the surrounding area;
        3. Drainage basins and sub-basins in which stormwater runoff collects and drains towards a common outfall location including offsite areas draining onto the site;
        4. Location of all outfall points where stormwater runoff discharges off the construction site;
        5. Location of all receiving waters, including wetlands and South Carolina Navigable Waters;
        6. Areas of soil disturbance and areas that will not be disturbed; and
        7. Each drainage map must be consistent with the information provided in all calculations provided within the engineering report, as set out in Subsection H., below.
      3. The C-SWPPP must include additional drainage maps (the pre-development and post-development maps as set out in 2above may be referenced to achieve this requirement) for each BMP used to meet water quantity and water quality requirements, or as determined by DHEC, a regulated MS4, or an entity delegated under Regulation 72-300, identifying:
        1. An outlined drainage basin of the proposed BMP;
        2. Existing and proposed contours within and adjacent to the drainage basin;
        3. The location of the proposed BMP; and
        4. The area, in acres, associated with the drainage basin.
    • Engineering Reports
      1. For sites subject to S.C. Regulation 72-300, the C-SWPPP must include a detailed engineering report that contains, but is not limited to, the following calculations:
        1. Curve Number Analysis. Each C-SWPPP must identify all curve numbers used within the engineering report for each condition of the construction site (pre-development, post-development, during construction, etc.) Information on how the curve numbers were obtained, including soil types, land cover and area, must be included. Any weighted curve number calculations must also be included.
        2. Pre-/Post-Development Hydrologic Analysis. Each C-SWPPP must use rainfall data from DHEC’s Stormwater Management BMP Handbook (BMP Handbook) or another appropriate source may be used in the hydrologic calculations. All outfalls for comparing runoff rates must be analyzed in a manner that the total area draining to these outfalls does not change from pre- to post-development conditions, although any sub-basin drainage areas contributing to these outfalls may change between pre- and post-development conditions.
        3. Detention Analysis. Each C-SWPPP, when applicable, must provide a full pond routing for each proposed pond/basin. At a minimum, for each pond/basin the following must be reported:
          1. A summary table of the peak inflows, peak outflows, and discharge velocities at each construction site outfall for each storm event analyzed.
          2. A summary table of the maximum water surface elevations (WSE) in each detention structure during each storm event analyzed.
          3. A stage-storage-discharge relationship for the outlet structure of each detention structure analyzed.
          4. If a rating curve for the outlet structure must be generated externally from the analysis program, the data and equations used to obtain the rating curve of the outlet structure must be included.
        4. Permanent Water Quality Analysis. Each C-SWPPP, when applicable, must provide detailed calculations for any structural BMP used to meet the water quality requirements listed in S.C. Regulation 72.307.C.(5), specifically (d), (e), (f), and (g). Infiltration practices, when applicable, must meet the design requirements provided in 72.307.C.(11).
        5. Sedimentology (Trapping Efficiency Analysis). Each C-SWPPP, when applicable, must provide detailed calculations for any BMPs used to meet the water quality requirements during construction listed in S.C. Regulation 72.307.C.(5), specifically (a), (b) and (c).
        6. As-Built Surveys. Each C-SWPPP, when proposing to direct construction site runoff into a previously approved detention pond or another structural BMP designed to control water quality or quantity, must include an as-built survey of the existing structure prepared by a qualified individual, per Section 4-12.2.2, Design and Development, Subsection B., Preparation and Certification, unless an as-built survey has been previously provided and accepted by DHEC or the City. In cases where a qualified individual certified that the previously approved structural BMP was built according to plan and DHEC or City staff conducted a final stormwater inspection, then the as-built survey may not be required in be included in the C-SWPPP. The as-built survey must provide, at a minimum, the following information:
          1. All existing grades/contours/depths of the structure.
          2. All elevations and dimensions of all outlet structures, including:
            1. Pipe and orifice inverts and diameters.
            2. Weir elevations and dimensions.
            3. Riser dimensions and elevations.
            4. Emergency spillway dimensions and elevations.
            5. Locations and inverts for all pipes discharging into the pond.
          3. Spot elevations along the top of the structural BMP’s embankment.
          4. Contours, dimension, and locations of all structural components (e.g., forebays, level spreaders, riprap aprons, inlets structures) of the structural BMPs.
        7. Stable Channel Analysis. Each C-SWPPP, when applicable, must submit detailed calculations for proposed drainage channels, temporary or permanent, to ensure non-erosive flow conditions. Velocity dissipation BMPs and/or erosion prevention BMPs must be added to channels where erosive velocities are achieved
        8. Storm Sewer Analysis. Each C-SWPPP, when applicable, must submit detailed calculations for any proposed storm sewer systems.
        9. Riprap Apron Analysis. Each C-SWPPP, when applicable, must submit detailed calculations for any proposed riprap aprons. These calculations must be based off of the most current edition of the DHEC BMP Handbook or other appropriate design criteria identified by the City.
    • Construction Site Plans
      1. The C-SWPPP must include a set of construction site plans that are consistent with the requirements listed in State Regulations 72-307.A.3 and include, but are not limited to, the following requirements:
        1. The Limits of Disturbed (LOD) area must be outlined on all plan sheets.
        2. BMPs must be identified on the construction site plans using the symbols identified in the current edition of the DHEC Stormwater BMP Handbook or from a unique legend of symbols provided on the construction site plans. Symbols used for BMPs not identified in the handbook must be included in the legend on each sediment and erosion control plan sheet.
        3. A construction sequence per Subsection C., above.
        4. Detailed plan sheets, including grading and drainage plans, and BMP detail sheets.
      2. For non-liner construction sites disturbing more than five acres, the construction site plans must include a phased stormwater management plan. This phased plan identifies all BMPs and grading work implemented during a specific portion of a site's construction sequence (e.g., initial grading and perimeter controls, interim land disturbances through final grading, post-construction and final stabilization). Each phase must be addressed and identified on at least one separate plan sheet as indicated in the requirements set out in a. and b. below. One sheet showing all BMPs and grading work for the entire course of the construction project will not be considered a complete phased plan.
        1. Sites Less Than 10 Acres. For site disturbances less than 10 acres, at least two separate plan phases shall be developed. Each plan phase shall be identified and must be addressed separately on at least one single plan sheet, with each sheet reflecting the conditions and the BMPs necessary to manage Stormwater runoff, erosion and sediment during the phases, at a minimum, listed below:
          1. Initial Land Disturbance Phase. This includes, but is not limited to, the perimeter BMPs, the necessary sediment and erosion control BMPs to be installed prior to initial/mass grading, and any additional BMPs necessary to keep the construction site in compliance with the permit.
          2. Stabilization Phase. This includes, but is not limited to, all BMPs required to be installed, maintained, and retrofitted during the time required to begin the majority of all construction and grading activities, and the time required to bring the construction site into compliance with permanent water quality requirements and into final stabilization.
          3. The scope of the land disturbing activities and BMPs to be included in each of the phases identified in this Section should be evaluated on a site-to-site basis and selected based on what the SWPPP preparer and reviewer deems to be the most appropriate for each construction site.
        2. Sites Greater Than 10 Acres. For site disturbances greater than or equal to 10 acres, at least three separate plan phases shall be developed. Each plan phase shall be identified and must be addressed separately on at least one single plan sheet, with each sheet reflecting the conditions and the BMPs necessary to manage stormwater runoff, erosion and sediment during the phases, at a minimum, listed below:
          1. Initial Land Disturbance Phase. This includes, but is not limited to, the perimeter BMPs, the necessary sediment and erosion control BMPs to be installed prior to initial/mass grading, and any additional BMPs necessary to keep the construction site in compliance with the permit.
          2. Construction Phase. This includes, but is not limited to, all sediment and erosion control BMPs necessary to be installed, maintained, and designed to prevent sediment-laden stormwater from discharging off-site during construction. Examples of such BMP control measures to include in this phase are all temporary BMPs used to convey, manage, and treat stormwater runoff including additional sediment traps and sediments basins, rock check dams, silt fence, sediment tubes, inlet protection, temporary conveyance channels and any other sediment control measure.
          3. Stabilization Phase. This includes, but is not limited to, all BMP control measures required to be installed, maintained, and retrofitted during the time required to bring a construction site into compliance with permanent water quality requirements and into final stabilization.
          4. The scope of the land disturbing activities and BMPs to be included in each of the phases identified in this Section should be evaluated on a site-to-site basis and chosen based on what the SWPPP preparer and reviewer deems to be the most appropriate for each construction site.
    • Non-Numeric Effluent Limits
      1. Minimize Pollutant Discharge. The C-SWPPP must be developed so that the design, installation, and maintenance of all sediment control and erosion prevention BMPs are implemented in a manner to minimize the discharge of pollutants. At a minimum, such BMPs must be designed, installed, and maintained to:
        1. Control Volume and Velocity. Control stormwater volume and velocity within the site to minimize soil erosion during construction activity.
          1. Stormwater volume control must be accomplished during construction activities to minimize erosion within the boundaries of the construction site. This can be accomplished through the use of various BMPs and techniques including, but not limited to, the following:
            1. Limiting of the amount of disturbed area not stabilized at a time;
            2. Staging and/or phasing of the construction sequence;
            3. Sediment basins and sediment traps;
            4. Diverting off-site flow around the construction site; and
            5. Controlling the drainage patterns within the construction site.
          2. Stormwater velocity control must be accomplished during construction activities to minimize erosion within the boundaries of the construction site. This can be accomplished through the use of various BMPs and techniques including, but not limited to, the following:
            1. Surface roughening along slopes;
            2. Sediment basins and traps;
            3. Level spreaders;
            4. Erosion control blankets;
            5. Turf reinforcement mats;
            6. Riprap; and
            7. Staging and/or phasing of the construction sequence.
        2. Control Discharges. Control stormwater discharges, including both peak flow rates and total stormwater volume, to minimize erosion at outlets and to minimize downstream channel and stream bank erosion during construction activity.
          1. Stormwater Volume Discharge Control must be accomplished during construction activities to minimize erosion at outlets and to minimize downstream channel and stream bank erosion. This can be accomplished through the use of various BMPs and techniques including, but not limited to, the following:
            1. Surface outlets; and
            2. Water quantity storage within impoundments.
          2. Peak Flow Rate Discharge Control must be accomplished during construction activities to minimize erosion at outlets and to minimize downstream channel and stream bank erosion. This can be accomplished through the use of various BMPs and techniques including, but not limited to, the following:
            1. Energy dissipaters;
            2. Level spreaders;
            3. Riprap aprons;
            4. Erosion control blankets; and
            5. Turf reinforcement mats.
        3. Soil Exposure. Minimize the amount of soil exposed during construction activity.
          1. Implement a phased stormwater management plan that limits the amount of exposed soil during construction by outlining the LOD for each phase and by labeling areas that are not to be disturbed throughout the course of construction activities or until a later phase of construction activities.
          2. Outline the LOD on the construction plans and label areas within the construction site that are not to be disturbed.
          3. Stabilize exposed areas as soon as practical to limit the duration of large areas of exposed soil.
          4. Implement temporary seeding techniques.
        4. Steep Slopes. Minimize the disturbance of existing steep slopes (i.e., slopes of 30 percent (~3H:1V) or greater), unless infeasible. If steep slopes must be disturbed, or are created through grading activities, the C-SWPPP must:
          1. Divert flows around steep slope disturbances. Divert concentrated or channelized flows of stormwater away from and around areas of disturbance having steep slopes;
          2. Use BMP Controls. Use appropriate erosion prevention and sediment control BMPs such as permanent seeding with soil binders, erosion control blankets, surface roughening, continuous slope length reduction through terracing or diversions, gradient terraces, interceptor dikes and swales, grass-lined channels, pipe slope drains, subsurface drains, level spreaders, rock ditch checks, seep berms, and sediment dikes; and
          3. Stabilize Promptly. Initiate stabilization measures on any exposed steep slope area where land disturbing activities have permanently or temporarily ceased, and will not resume for a period of seven calendar days.
        5. Sediment Discharges. Minimize sediment discharges from the site during construction activity. The design, installation, and maintenance of erosion and sediment controls must address factors such as the amount, frequency, intensity, and duration of precipitation, the nature of the resulting stormwater runoff, and soil characteristics, including the range of soil particle sizes expected to be present on the construction site, while minimizing sediment discharges to the maximum extent practical;
        6. Natural Buffers. Provide and maintain natural buffers around surface waters and, after stormwater runoff is treated by the construction site’s BMPs, direct the construction site discharges into these vegetated areas to increase sediment removal and maximize stormwater infiltration, unless infeasible, as set out in Subsection D., above, during construction activity; and
        7. Minimize soil compaction and, unless infeasible, preserve topsoil.
      2. Soil Stabilization. Permittees are required to initiate stabilization measures as soon as practicable whenever any clearing, grading, excavating, or other earth disturbing activities have permanently or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days. Stabilization must be completed as soon as practicable. For areas where initiating stabilization measures is infeasible (e.g., where snow cover, frozen ground, or drought conditions preclude stabilization), initiate vegetative or non-vegetative stabilization measures as soon as practicable.
      3. Trenches and Excavations Dewatering. Permittees are required to minimize the discharge of pollutants from dewatering trenches and excavations. Discharges are prohibited unless managed by appropriate BMPs for stormwater and non-stormwater discharges.
      4. Pollutant Discharge Minimization During Construction Activity. Permittees are required to design, install, implement, and maintain effective pollution prevention measures to minimize the discharge of pollutants during construction activity. At a minimum, such measures must be designed, installed, implemented, and maintained to:
        1. Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters. Wash waters must be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge;
        2. Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste and other materials present on the site to precipitation and to stormwater; and
        3. Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures.
      5. Prohibited Discharges. The following discharges from sites are prohibited:
        1. Wastewater from washout of concrete, unless managed by an appropriate control;
        2. Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials;
        3. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and
        4. Soaps or solvents used in vehicle and equipment washing.
    • Management of Non-Stormwater Discharges.
      1. The C-SWPPP must identify all allowable sources of non-stormwater discharges, except for flows from firefighting activities that are combined with stormwater discharges associated with construction activity at the site. Non-stormwater discharges should be eliminated or reduced to the extent where these discharges shall not cause or contribute to violations of water quality standards.
      2. The C-SWPPP must identify and ensure the implementation of appropriate pollution prevention measures for the non-stormwater component(s) of the discharge.
    • Documentation of Permit Eligibility Related to Total Maximum Daily Loads (TMDLs). For construction sites with stormwater discharges to a receiving water that is identified as being impaired or has an EPA established or approved TMDL, the following requirements must be addressed by the C-SWPPP.
      1. Receiving Water with TMDLs. If a TMDL, that is applicable to stormwater construction discharges, has been established and is in effect for any receiving waters downstream of a construction site, then the C-SWPPP must address the following:
        1. Include documentation supporting a determination of permit eligibility with regard to waters that have a TMDL that is effective and applicable to stormwater construction discharges;
        2. Include documentation of whether the construction site’s stormwater discharge is identified, either specifically or generally, in a TMDL and if there is any associated allocations, requirements, and assumptions identified for the construction site’s discharge;
        3. Identify if a specific Waste Load Allocation (WLA) has been established that would apply to the construction site's stormwater discharges, and incorporate that allocation into the stormwater management plan by implementing any necessary steps and/or BMPs to meet that allocation; and
        4. Identify measures to be taken by the operator so that the construction site’s discharge of pollutants is consistent with the allocations, assumptions, and requirements contained in the TMDL, only the pollutants applicable to stormwater discharges, including any specific WLA that has been established.
      2. Receiving Waters with Impairments. If the receiving water is listed on the most current South Carolina 303(d) List of Impaired Waters, the C-SWPPP must be developed so that any stormwater discharges from the construction site do not cause, have the reasonable potential to cause, or contribute to an excursion above any state water quality standard. For receiving waters listed for a sediment or a sediment-related parameter (i.e., BIO (macro invertebrate), turbidity, total phosphorous and total nitrogen, chlorophyll-a) the C-SWPPP must address the following:
        1. Carefully evaluate all selected BMPs and their performance such that the construction site’s stormwater discharges will not cause, have the reasonable potential to cause, or contribute to an excursion above any state water quality standard.
        2. For construction sites that disturb 25 acres or more and which have stormwater discharges draining directly to an impaired water body via structures or ditches, the C-SWPPP must contain a written quantitative and qualitative assessment that the BMPs selected will control the construction site's stormwater discharges so that they will not cause, have the reasonable potential to cause, or contribute to an excursion above any state water quality standard.
    • Effective on: 1/1/1901

      Sec. 4-12.3.1 General Requirements
    • Requirement for Drainage System. Every development shall have adequate drainage system improvements that are designed by a registered professional engineer and constructed by the subdivider/developer to provide for the proper drainage of surface water of the development and the drainage area of which it is a part, to permit the unimpeded flow of natural watercourses, and to provide positive drainage away from on-site sewage disposal facilities. The subdivider/developer's responsibility includes the drainage facilities necessary to discharge stormwater runoff to an existing facility that is capable of receiving such runoff with no adverse effects.
    • Inspection. Sufficient inspections shall be made to ensure compliance with the specifications set forth in this Division. A registered professional engineer, employed by the subdivider/developer and approved by the  Engineering Division of the City of Florence, shall certify in writing to the Engineering Division of the City of Florence that such engineer has inspected each phase of the construction of the storm drainage improvements required in this Division and the inspection certification shall meet the terms of this Division. The , Engineering Division of the City of Florence, however, may make a final inspection of the improvements before accepting the improvements for dedication to the City for permanent maintenance.
    • Site Runoff. Drainage systems shall be designed to avoid problems which may arise from concentration of stormwater runoff onto adjacent developed or undeveloped properties.
    • Anticipated Peak Discharges. Storm drainage facilities shall be designed to address:
      1. The anticipated peak discharge from the property being developed; and
      2. The anticipated increase in runoff that will occur when all property at a higher elevation in the same drainage area is fully developed.
    • Connection to Underground Facilities. In those instances when underground piped storm drainage facilities are reasonably accessible to the proposed development, the subdivider/developer shall connect the on-site drainage system to the City's system based on standard storm drainage design practices or other special design standards deemed necessary by the  Engineering Division of the City of Florence.
    • Volume Reduction Strategies. The system shall be designed to prevent the off-site discharge of the first one inch of rainfall from a 24-hour storm preceded by 48 hours of no measureable precipitation. The following volume reduction strategies may be used if they meet the standards of Section 4-12.4.5, Post-Construction BMP Standards:
      1. Canopy interception;
      2. Soil amendments;
      3. Evaporation;
      4. Rainfall harvesting;
      5. Engineered infiltration;
      6. Extended infiltration;
      7. Evapotranspiration; or
      8. Any combination of the above.
    • Use of Stormwater Detention Vaults. Sites that meet the following conditions shall be exempt from the provisions of Section 4-12.4.5, Post Construction BMP Standards, and therefore, are permitted to have underground stormwater detention vaults:
      1. Sites that are located in the CBD or RU districts; and
      2. Where the  Engineering Division of the City of Florence has determined that the site has insufficient space to infiltrate the runoff or to have a surface detention area.
    • Flood Damage Prevention (See Division 4-12.6, Flood Prevention).
      1. An adequate drainage system shall be provided for the proper drainage of all surface water according to the provisions of this Unified Development Ordinance. All subdivision proposals shall be consistent with the need to minimize flood damage and the impact that runoff has on adjacent water bodies.
      2. All subdivision proposals shall have public utilities and facilities including, but not limited to, sewer, stormwater, gas, electrical, and water systems located and constructed to minimize flood damage.
      3. No subdivision of land shall be approved or variance to these regulations granted by the City or the Planning Commission unless it meets all of the requirements for flood hazard protection.
    • Effective on: 1/15/2018

      Sec. 4-12.3.2 Drainage System Standards
    • Basic Drainage System. The basic drainage system consists of streets, which shall be provided with an adequate storm drainage system as approved by the City of Florence.
      1. All streets shall be designed to carry the stormwater drainage of the street itself, as well as the adjacent property.
      2. Curb drainage inlets, if utilized, shall be provided at appropriate intervals along streets with curb and gutter drainage facilities. These inlets shall connect to storm sewers and a drainage inlet structure with a protective grating, which shall be installed in accordance with standards and specifications of the South Carolina Department of Highways and Public Transportation. Inlet spacing and capacity shall be adequate to limit the spread of water into the street and to maintain pedestrian walks and street crosswalks free of standing water.
      3. Where driveways connect to existing streets with ditch drainage facilities, a culvert shall be provided under the driveway as required by the  Engineering Division of the City of Florence. The size and construction of the culvert shall conform to the standards and specifications of the South Carolina Department of Highways and Public Transportation.
      4. All streets having curb and gutter on which stormwater flows across intersections and/or driveways shall be provided with suitable cross-gutters at these intersections and driveways.
    • Off-Street Drainage. The design of an off-street drainage system shall include the watershed affecting the subdivision or development and shall be extended to a watercourse or ditch adequate to receive the storm drainage. The system shall be designed in accordance with the following requirements:
      1. When the drainage system is outside of the street right-of-way, the subdivider/developer shall provide all required easements in accordance with Section 4-12.3.4, Drainage Easements. Open ditch drainage may be used, provided that the ditches are "V-shaped" ditches with side slopes not exceeding a 1:3 ratio (one vertical to three horizontal feet) and a maximum depth of two feet.
      2. Where open ditches meeting these requirements are not adequate to provide satisfactory storm drainage, an underground piped system shall be installed and protected from erosion by either sodding or seeding as required by the  Engineering Division of the City of Florence.
      3. No open storm drainage course shall be permitted within 75 feet of the rear or side of a building, as measured from the nearest building wall to the nearest edge of the drainage facility, unless it is demonstrated to the Engineering Division of the City of Florence that the building and its site improvement will not in any way be jeopardized by flooding or erosion.
      4. Off-street drainage from private parking lots or other buildings, sites, or uses shall be channeled to and collected at one or more catch basins located on the property of the development and piped underground to any reasonably accessible storm drainage facility. Surface runoff shall not be allowed to flow over public sidewalks.
    • Effective on: 1/15/2018

      Sec. 4-12.3.3 Site Detention
    • Where Required. Generally, detention basins are required for all parcels proposed for development except:
      1. Individual single and two-family residential lots;
      2. In the CBD district; or
      3. Where waived by the Engineering Division of the City of Florence because provisions are committed or already in place that are appropriate for runoff management.
    • General Design Requirements.
      1. Detention basins shall be designed with consideration for:
        1. The welfare of the residents who live in the vicinity; and
        2. The safety of those who might be attracted to the facility.
      2. Basins and their appurtenances shall be designed to:
        1. Require minimum maintenance;
        2. Include slopes that are flat enough for safe walking and mowing; and
        3. Accommodate uses other than detention, such as recreation, man-made wetlands, or other similar uses.
      3. The use of fences shall be kept to the minimum necessary to:
        1. Provide for public safety; or
        2. Address a demonstrated security need.
      4. The basin shall be attractively designed, to include the following attributes:
        1. Varying slopes;
        2. Avoidance of straight lines;
        3. Avoidance of exposed concrete of more than 12 inches in height or width;
        4. Avoidance of man-made retaining materials such as rail-road ties or metal;
        5. Inclusion of long sweeping curves that make the facility appear to be natural and part of the landscape; and
        6. Landscaping with trees and shrubs appropriate to the location and hydrology.
      5. Forebays shall be included to capture solids before they enter the basin.
      6. The slope of the banks of detention basins shall not exceed one foot of rise to each four feet of run.
    • Storage Volume and Discharge Rate.
      1. Detention basins shall provide a storage volume that is adequate to accommodate the runoff from the developed site that results from a storm event that has a 100-year frequency.
      2. Discharge control structures shall be designed as a multi-staged facility, reducing the discharges from rainfall ranging from the highest frequency of recurrence to the lowest.
      3. The discharge resulting from an event with a 100-year frequency of recurrence shall not exceed the runoff from the undeveloped results from a storm with a two-year frequency.
    • Dry Bottom Basins.
      1. Dry bottom basins shall be designed so that the runoff from the rain events with the highest frequency recurrence (first flush) are captured with detention times appropriate for the greatest water benefits.
      2. Paved low flow channels are prohibited.
    • Wet Bottom Basins.
      1. The following shall be provided:
        1. Weed control;
        2. Algae control;
        3. Erosion control at the shore line; and
        4. Maintenance of the supplemental water supply equipment.
      2. The basins shall be designed to provide a permanent water depth that is adequate to:
        1. Retard weed growth; and
        2. Sustain aquatic life.
      3. Walkways shall be provided around the perimeter of the basin to allow for recreation and access for weed control and emergency response.
      4. The ground slopes below pool level shall be at or near a zero percent slope.
      5. Shoreline bank protection shall include one of the following (or a combination of):
        1. The use of a vegetated buffer at the water's edge that extends into the water; or
        2. If the Director of Utilities finds that such design is impracticable, hardscape may be permitted.
    • Paved Area Basins.
      1. Paved areas such as parking lots may be used for detention basins where the   Engineering Division of the City of Florence determines that they contribute to the function of the overall storm water management system for the proposed development, and there is no practicable alternative to their use.
      2. The basins shall be designed so that the maximum stored water depth will not cause damage to vehicles or adjacent property.
    • Underground Basins.
      1. Underground detention basins, where permitted, shall be designed using vaults, pipe networks, or other means that allow access for inspection, cleaning, and maintenance.
      2. Storage of runoff in the voids of aggregate beds is not permitted.
    • Discharge Control Structure and Overflow.
      1. Discharge control structures shall be designed to be safe and easily maintained.
      2. The design shall:
        1. Not subject the structure to clogging with debris;
        2. Provide for the storage from the runoff generated by storm events with the greater frequencies of recurrence, as well as major storms.
        3. Manual operation of primary valves or gates associated with normal operations is not permitted. Manual gates and valves are permitted to facilitate routine maintenance operations or emergency drawdown.
    • Effective on: 1/15/2018

      Sec. 4-12.3.4 Drainage Easements
    • Easement Sizing. Drainage easements shall be provided for all drainage facilities in accordance with the following criteria:
      1. Where development is traversed by a drainage facility, adequate areas for storm drainage, including ponding, shall be allocated, conforming substantially to the lines of the drainage facility and of sufficient width to convey storm drainage and provide adequate space for proper maintenance and improvement of the drainage facility.
      2. Adequate access for maintenance and equipment shall be provided.
      3. Generally, for underground storm drainage, the minimum width of the easement shall be the greater of 20 feet or the outside diameter of the pipe calculated in feet, plus an additional eight feet on each side of the pipe (e.g. an eight inch pipe is calculated to require an eight foot easement width, plus eight feet on each side of the pipe for a total easement width of 24 feet). Where open, improved (paved or unpaved) drainage channels are permitted, the width of the easement shall be a minimum of three feet on one side of the channel, plus the width of the channel at ground level, and 15 feet on the opposite side of the channel. This easement width is to allow equipment to enter for maintenance operations. Depending on the design of the paved channel, this requirement may be reduced to not less than 10 feet on one side of the channel.
    • Location Changes. The location of any surface or underground drainage facilities shall not be changed without the approval of the  Engineering Division of the City of Florence.
    • Effective on: 1/15/2018

      Sec. 4-12.3.5 Natural Primary and / or Major Drainage Channel Requirements
      All natural primary and/or major drainage channels that are located within or immediately adjacent to the property line of an improvement, development, or subdivision shall be protected and improved by the subdivider/developer as follows:

      1. Capacity. The existing channel lying within or adjacent to the property line of an improvement, development, or subdivision of land proposed for development or redevelopment shall have sufficient capacity to convey the 50-year frequency rainfall event through the site without hydraulic impact to existing development or proposed improvements within the subject property or directly adjacent properties. Additionally, the developer shall provide an engineer’s certification that proposed improvements will not adversely impact the 50-year floodplain on the adjacent downstream property.
      2. Building Pad Grading. Site improvement shall provide for the grading of all building pads to an elevation where no building pad will be subject to overflow or inundation from a 100-year frequency flood, and in a manner that will provide for a rapid runoff of storm water.
      3. Bank Protection. Whenever channel improvements are carried out, sodding, back-sloping, cribbing, and other bank protection methods shall be designed and constructed to control erosion for the anticipated conditions and flow resulting from a 50-year frequency rainfall.
      4. Location in Street Right-of-Way. An existing natural drainage channel shall not be located within street right-of-way unless it is placed in an enclosed storm sewer, except under the following conditions:
        1. Where at least a two-lane paved street surface is provided on both sides of a paved channel so as to provide access to abutting properties; and
        2. When a condition exists as outlined above, adequate right-of-way is dedicated to provide for maintenance of the paved drainage channel.
      5. Drainage Structures. Culverts, bridges, and other drainage structures shall be constructed in accordance with the specifications and design criteria of the City when the City will have present or future maintenance responsibility.
      6. Separation of Open Drainage from Buildings. No open, natural storm drainage course shall be permitted within 75 feet of the rear or side of a building as measured from the nearest building wall to the nearest edge of the drainage facility, unless it is demonstrated to the Director of Utilities that the building and its site improvement will not in any way be jeopardized by flooding or erosion.
      7. Developments.
        1. Residential. In single-family residential, duplex, or apartment/townhouse/condominium development, site grading shall be carried out in such a manner that surface water from each dwelling lot will flow directly to a storm sewer, sodded swale, or paved street without crossing more than four adjacent lots in overland flow and with no adverse effects to adjacent property.
        2. Nonresidential. In commercial, industrial, and institutional development, roofs, paved area, yards, courts, and courtyards shall be drained into a storm sewer system.
      8. Surface Water on Streets. Surface water collected on streets shall be directed to the stormwater conveyance system in such a manner as to prevent runoff detention exceeding the crown of the roadway during a  25-year frequency rain for the area and grades involved. Design frequency may vary with the classification of street, highway, or land use in the area. The drainage area permitted for surface flow on streets at the point of diversion shall not exceed 20 acres, regardless of flow.
      9. Easement Widths. Drainage easements of a satisfactory width to provide working room for construction and maintenance shall be provided for all storm sewers as set out in Section 4-12.3.4, Drainage Easements.

      Effective on: 1/15/2018

      Sec. 4-12.3.6 Channel Floodplain Requirements
      All major channels that are located outside the floodplain area as defined by the Federal Emergency Management Agency's (FEMAs) flood insurance study and maps, or the U.S. Army Corps of Engineers, whichever is most appropriate for the situation, and which are located within or immediately adjacent to an improvement, development, or subdivision shall be protected and improved by the subdivider/developer as follows:

      1. The existing channel shall be cleaned to provide a free flow of water, as well as straightened, widened, levied or diked, or otherwise improved to the extent required to prevent overflow from a 50-year frequency flood; and
      2. Site improvements shall be in accordance with the provisions of this Unified Development Ordinance.

      Effective on: 1/1/1901

      Sec. 4-12.3.7 Bridge and Culvert Standards
    • Water Flow Across Roadways. All flow of water across continuous streets or alleys shall be through culverts or bridges.
    • Sizing. Bridges and culverts shall be sized to accommodate a 50-year frequency rain.
    • Design. Design of bridges and culverts shall conform to construction specifications of the City and South Carolina Department of Highways and Public Transportation, and approved by the City Engineer.
    • Effective on: 1/1/1901

      Sec. 4-12.3.8 Closed Storm Sewer Standards
    • Materials. Closed storm sewers shall be constructed of pre-cast, prefabricated pipe, or built in place of closed box design to conform to the construction specifications of the City and the South Carolina Department of Highways and Public Transportation.
    • Sizing. Sizing shall be calculated by the "Manning Formula", as set out in Section 7-24.2.6, Streamflow and Runoff. However, storm sewers carrying runoff from streets may be designed to serve the design frequency rainfall for the drainage area involved, provided that overflow from a 100-year frequency rainfall can reach a suitable outlet without inundating any building pad.
    • Effective on: 1/1/1901

      Sec. 4-12.3.9 Open Paved Storm Drainage
    • City Specifications. Open paved storm drainage channels shall be constructed in accordance with City specifications.
    • Side Slopes. Side slopes above the paved section shall be shaped and sodded on a slope of 3:1 (three horizontal feet to one vertical foot), or flatter.
    • Fences. Fences shall not be located any more than one foot (measured horizontally) from the right-of-way/easement line as set out in Section 4-12.3.4, Drainage Easements.
    • Effective on: 1/1/1901

      Sec. 4-12.3.10 Areas Outside of a Subdivision or Development
      The City reserves the right to require improvements to preclude the inundation of any off-site areas and those outside of the dedicated drainage easements in a subdivision or development as a result of a 50-year frequency flood.

      Effective on: 1/1/1901

      Sec. 4-12.3.11 Existing Open Ditches
      Any existing man-made waterway over two feet in depth shall be piped at the time of development.

      Effective on: 1/1/1901

      Sec. 4-12.3.12 Soil Suitability Analysis
      Where questions exist regarding the suitability of soils for a proposed development, the Engineering Division of the City of Florence reserves the right to require the developer to provide a report and certification of soil suitability from a qualified soils engineer.

      Effective on: 1/15/2018

      Sec. 4-12.3.13 Grading of Land and Transitions to Adjoining Property
    • Maximum Slope. All changes in the natural grade of the land shall be appropriately sloped to make a gradual 10 percent or less slope transition to adjoining property.
    • Retaining Walls.
      1. Structural Retaining Walls. Structural retaining walls may be constructed no closer to the property line than 75 percent of the required building setback distance. This standard will not apply to the front setback line.
      2. Minor Retaining Walls. Minor retaining walls (two feet or less) used as landscape elements may be constructed anywhere within the building setback lines.
    • Pollution Prevention. Site grading shall:
      1. Facilitate on-site pollution prevention;
      2. Facilitate the use of low impact developments;
      3. Restrict stormwater volume and velocity; and
      4. Restrict disturbance of slopes.
    • Effective on: 1/1/1901

      Sec. 4-12.4.1 Pre-Construction Conference
    • Conference Required. A pre-construction conference must be held for each construction project or site with an approved On-Site Stormwater Pollution Prevention Plan (OS-SWPPP). Each contractor, subcontractor, blanket utility provider, etc., who will work at a site must attend this conference in person. The primary purpose of this conference is for:
      1. The preparer of the SWPPP or someone with a registration equivalent to that of the preparer of the SWPPP; and/or
      2. The person with operational control of the plans and specifications (the Primary or Secondary Permittee) or their duly authorized representative (as set out in Section 122.22(b) of S.C. Regulation 61-9).
      3. Review and explanation of the OS-SWPPP so that all are aware of the requirements before they start performing construction-related (land disturbing) activities that may affect the implementation of the approved OS-SWPPP. This conference may be held simultaneously with all contractors and builders present or may be conducted separately with one or more contractors, subcontractors, etc. present.
    • Linear Projects. Linear construction of roads or utilities (such as roads and utility construction including electrical power lines, gas lines, main sewer trunk lines, and water distribution lines) that are not part of an LCP (i.e., subdivision or other type of development) are considered to be linear construction projects or linear construction sites under the permit. Linear construction performed as a part of or within an LCP project or site, is considered to be linear construction activities under the permit and not linear construction projects or sites.
    • Location Requirements. Pre-construction conference location requirements are defined below.
      1. For non-linear construction projects/sites that disturb 10 acres or more, the pre-construction conference must be held on-site unless it is justified in the SWPPP and approved by DHEC to conduct the conference off-site.
      2. For non-linear construction projects/sites that disturb less than 10 acres, conferences may be held off-site unless specifically required in writing or as a condition of the approved OS-SWPPP by DHEC or the respective MS4 to be conducted on-site.
      3. For linear construction projects/sites that are not part of an LCP, subdivision, or other type of development, conferences may be held off-site unless specifically required in writing or as a condition of the approved OS-SWPPP by DHEC or the respective MS4 to be conducted on-site.
      4. For linear construction activities (within an LCP), conferences must be held in accordance with disturbed area (<10 acres or > 10 acres) criterion established for non-linear projects/sites in Items 1 and 2 above.
      5. In addition, person(s) conducting the conference (owner/operator) may choose, at their discretion, to hold a conference normally held off-site, on-site.
    • Modifications. Each pre-construction conference must also specifically address Section 4-12.2.7, Modifications, detailing how each type of modification, major and minor, will be addressed and processed at the construction site to maintain compliance with the permit.
    • Documentation. Persons conducting this conference must document each contractor, subcontractor, blanket utility, etc., attending the conference. This documentation must be maintained with the OS-SWPPP and include dates, locations, times, as well as, identification of those in attendance.
    • Effective on: 1/1/1901

      Sec. 4-12.4.2 Inspections
    • Scope. Construction site inspections are to be conducted on a routine basis, as outlined in Subsection B., below, and must include all areas disturbed by construction activity, including perimeter BMPs and areas used for storage of materials that are exposed to precipitation. Each inspection must look for the evidence of, or the potential for, inefficiencies within the implemented OS-SWPPP, whether the inefficiencies are a direct result of improper design, installation, or maintenance, by inspecting, at a minimum, the following:
      1. All areas of the site disturbed by construction activity and areas used for storage of materials that are exposed to precipitation;
      2. All stormwater conveyance systems for any evidence of, or the potential for, pollutants entering these systems;
      3. All BMPs identified in the OS-SWPPP;
      4. All discharge locations to ascertain whether the implemented BMPs are effective in preventing the discharge of sediment from the site. Where discharge locations are inaccessible, nearby downstream locations must be inspected to the extent that such inspections are practicable; and
      5. Locations where vehicles enter or exit the site must be inspected for evidence of off-site sediment tracking.
      1. If inspection responsibilities are not shared between the Primary and Secondary Permittees, each secondary Permittee must provide their own inspections for the portions of the site for which their coverage includes.
      1. Frequency. After construction activities begin, inspections must be conducted at a minimum of at least once every calendar week and must be conducted until final stabilization is reached on all areas of the construction site. An inspection is recommended within 24 hours of the end of a storm event of 0.5 inches or greater. On a case-by-case basis, DHEC may require any Permittee who has coverage under this CGP to conduct inspections on a more frequent basis than prescribed in this CGP. Examples include, but are not limited to, Permittees who have compliance problems and Permittees whose construction site’s stormwater discharges to Level I or Level II water bodies.
        Inspection frequencies for portions of the construction site that have reached temporary or final stabilization may be reduced to at least once every month, as long as the stabilization is maintained and there is no additional disturbance in these areas. Once a definable area has reached final stabilization, the Permittee may mark this on the OS-SWPPP and no further inspection requirements apply to that portion of the site (e.g., land disturbing activities around one of three buildings in a complex are completed and the disturbed area has reached final stabilization, one mile of a roadway or pipeline project is completed and the disturbed area has reached final stabilization, etc.). Inspection of common BMPs, such as sediment basins, sediment traps, may be required to resume if areas that drain to them become disturbed during future construction.
      2. Linear Site Inspection Frequency. Utility line installation, pipeline construction, and other examples of long, narrow, linear construction activities may limit the access of inspection personnel to the areas described in Subsection A., above. Inspection of these areas could require that vehicles compromise temporarily or even permanently stabilized areas, cause additional disturbance of soils, and increase the potential for erosion. In these circumstances, controls must be inspected on the same frequencies as other construction projects, but representative inspections may be performed. For representative inspections, personnel must inspect controls along the construction site for 0.25 mile above and below each access point where a roadway, undisturbed right-of-way, or other similar feature intersects the construction site and allows access to the areas described above. The conditions of the controls along each inspected 0.25 mile segment may be considered as representative of the condition of controls along that reach extending from the end of the 0.25 mile segments to either the end of the next 0.25 mile inspected segment, or to the end of the construction site, whichever occurs first. Representative inspections must include any areas where stormwater discharges to Level I or Level II water bodies.
      3. Rain Gauge. Permittees shall either maintain an on-site rain gauge or use data from a certified weather record (such as a personal weather station or an airport) located within a reasonable proximity of the construction site, to record rainfall records from any significant rainfall event, 0.5 inches or greater. These recorded rainfall amounts must be maintained in a rain log located in the OS-SWPPP. Rainfall records for the day of an inspection and any significant rainfall events since the last inspection must be reported on each weekly inspection report.
      4. Inspector Qualifications. Inspections must be conducted by qualified personnel (provided by the Permittee) as outlined by the following:
        1. For projects that disturb more than one acre, “qualified personnel” means a person knowledgeable in the principles and practice of erosion and sediment controls who possesses the skills to assess conditions at the construction site that could impact stormwater quality and to assess the effectiveness of any BMPs selected to control the quality of stormwater discharges from the construction site. This person must be either the preparer of the C-SWPPP or an individual who is under the direct supervision of the preparer of the approved C-SWPPP and who meets the requirements in this paragraph or an individual who has been certified through a construction site inspector certification course that has been approved by DHEC. Inspections may also be conducted by a person with a registration equivalent to the registration of the preparer of the C-SWPPP and who meets the qualifications of this paragraph or an individual who is under the direct supervision of the person with an equivalent registration and who meets the requirements in this paragraph.
        2. For Projects that disturb one acre or less, and that are not part of an LCP, the Permittee, or a designee, may perform these inspections provided the preparer of the C-SWPPP or someone with a registration equivalent to that of the preparer of the C-SWPPP explains the OS-SWPPP, including implementation along with the inspection requirements to the person who will be conducting the inspections.
        3. The City reserves the right to require that inspections be performed by an inspector meeting the requirements of 1., above for construction sites less than one acre in size that drain to Level I or Level II water bodies.
      5. Inspection Reports. For each inspection required above, the Permittee must complete an inspection report. At a minimum, the inspection report must include:
        1. The inspection date;
        2. Names, titles, and, if not previously given in an inspection report, the qualifications of personnel making the inspection, unless those qualifications change;
        3. Weather information for the period since the last inspection (or since commencement of construction activity if the first inspection) including a best estimate of the beginning of each storm event, duration of each storm event, approximate amount of rainfall for each storm event (in inches), and whether the Permittee knows if any discharges occurred. At the very least, the total rainfall (in inches) since the time of the last inspection must be recorded;
        4. Weather information and a description of any discharges occurring at the time of the inspection;
        5. Location(s) of discharges of sediment or other pollutants from the site;
        6. Location(s) of BMPs that need maintenance;
        7. Location(s) of BMPs that failed to operate as designed or proved inadequate for a particular location;
        8. Location(s) where additional BMPs are needed that did not exist at the time of inspection;
        9. Corrective action required including any changes to the OS-SWPPP necessary and implementation dates;
        10. Site name, operator name, and permit number; and
        11. Verification that all BMPs and stormwater controls identified in the OS-SWPPP have been installed and are operating as designed.
      6. Monthly Reports. On a case-by-case basis, DHEC may require that the Permittee submit a monthly report summarizing the inspections at the site and any associated maintenance activity.
      7. Inspection Records. A record of each inspection and of any actions taken in accordance with this Section must be retained as part of the OS-SWPPP for at least three years from the date that permit coverage expires or is terminated. The qualified inspector, as identified in Subsection E., above, must sign the inspection report. Inspectors employed by the Primary Permittee retain the authority to inspect, report, and document areas of the construction site that are under direct control of the Secondary Permittee, but only when a lack of compliance by the Secondary Permittee inhibits the Primary Permittee’s ability to maintain compliance with the overall OS-SWPPP or the permit.

      Effective on: 1/1/1901

      Sec. 4-12.4.3 Construction BMP Design Standards
    • Performance Requirements. Stormwater discharges from construction activities shall not cause or threaten to cause pollution, contamination, or degradation of the waters of the state. BMPs shall be implemented on construction sites as follows:
      1. BMP Design Criteria. The selection, design, installation, and maintenance of appropriate construction BMPs must be in accordance with the latest revision of the Stormwater Management BMP Handbook published by DHEC.
      2. Timing of Installation and Removal of Erosion Control Facilities.
        1. All temporary and permanent erosion control facilities to be used during construction shall be installed before construction commences.
        2. Temporary soil erosion control facilities shall be removed and earth disturbance areas graded, tilled to mitigate compaction, and stabilized with permanent erosion control measures pursuant to the standards and specifications prescribed in accordance with the provisions of the latest revision of the Stormwater Management BMP Handbook published by DHEC.
        3. All temporary stormwater quality control measures shall be removed after work on the site has been completed and the measures are no longer needed.
      3. Erosion Control Standards.
        1. Sediment caused by accelerated soil erosion shall be removed from runoff water before it leaves the site.
        2. All earth disturbances shall be designed, constructed, and completed in such manner as to limit the period of exposure of disturbed land to the shortest possible period of time.
        3. Any temporary or permanent facility used to convey water around, through or from the earth disturbance area shall slow the water flow to a non-erosive velocity.
        4. Temporary sediment traps may be required in areas where runoff exits the lot or parcel proposed for development, and is likely to carry sediment from eroded soils. The temporary traps shall be sized proportionately with the expected flow rate from the site.
        5. Ingress and egress to the lot or parcel proposed for development shall be by way of coarse stone drive(s) of sufficient length to cause soil picked up by the tires of vehicles

          to be dropped before the vehicle enters the roadway. For single family and duplex home sites, the stone drive shall coincide with the final location of the drive to the residence.

        6. Drain inlets and entrances to culverts shall be protected with silt fencing or alternative erosion control device as approved by the City.
        7. All disturbed ground left inactive for a period of 21 days shall be seeded, sodded, or stabilized with mulch or an equivalent, approved groundcover.
        8. Storage piles of soil left for longer than three days shall be completely encircled with silt fence. If left inactive or unused for longer than 21 days the storage pile shall be seeded, sodded, or covered with a mulching fabric or tarpaulins.
        9. Stone check dams shall be used in open drainage courses to slow velocities of the runoff and allow sediment to drop out of the runoff.
        10. Silt fence shall be installed along the down slope edges of all disturbed areas on the site. Silt fence shall be installed at the edges of pavements, adjoining properties, and open water courses whenever the adjacent ground slopes toward that street, adjoining property, or watercourse.
      4. Water Quality.
        1. Wastes that may cause adverse impacts to water quality shall be controlled. No chemicals may be added to any discharge unless the State grants permission for the use of a specific chemical and documentation of such permission is presented to the City before the discharge. Wastes include, but are not limited to:
          1. Discarded building materials;
          2. Concrete truck washout;
          3. Chemicals;
          4. Paint;
          5. Oils;
          6. Curing compounds;
          7. Fuels;
          8. Vehicle operation fluids;
          9. Concrete;
          10. Stucco;
          11. Soaps;
          12. Solvents;
          13. Litter; and
          14. Sanitary waste.
        2. Concrete wash water shall not be discharged off site or to waters of the state.
        3. All wash water shall be treated. Methods for treatment shall be submitted to the Department of Public Works and Utilities and shall comply with any conditions imposed by the Director of Public Works.
        4. Vehicle tracking of sediments from land disturbing activities onto paved public roads shall be minimized by utilizing the appropriate BMPs. If vehicle tracking of sediments occurs off-site, it shall be removed from City streets within 24 hours. Vehicle tracking on City streets shall not enter waters of the state.
        5. The bypass of treatment facilities is prohibited.
        6. Bulk storage structures for petroleum products and other chemicals shall have adequate protection so as to contain all spills and prevent any spilled materials off-site and to waters of the state.
        7. Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be properly disposed of in a manner to prevent any pollutants from entering waters of the state.
        8. All wastes composed of building materials must be removed from the site for disposal in licensed disposal facilities. No building material wastes or unused building materials shall be buried, dumped, or discharged at the construction site or on the parcel proposed for development.
        9. All discharges must comply with the lawful requirements of the City, Florence County, and other agencies regarding any discharges of stormwater off-site and to waters of the state.
    • Exempted Discharges. Discharges exempt from prohibitions that are combined with stormwater discharges associated with construction activity are authorized.
    • Soil Compaction and Stabilization. On commercial and industrial sites, the approved site plan shall clearly identify the area to be developed.
      1. Soil that is compacted within the development area that will be landscaped shall be tilled prior to the installation of landscaping.
      2. Areas that were used for construction staging that are not to be covered by landscaping or parking shall be returned to natural conditions.
      3. The development area shall be limited to the building footprint(s), parking, landscaping, and areas needed for construction staging.
      4. The remainder of the site shall remain undisturbed, and shall not be used for parking of equipment or vehicles. Soil outside of the development area shall not be compacted.
      5. Disturbed soils shall be stabilized with 14 days after the activity has ceased.
    • Responsibility of Construction Operator. During construction activities, the operator shall:
      1. Prevent damage to any public utilities or services within the limits of grading activities and along any routes of travel of the grading equipment;
      2. Ensure that grading does not endanger any adjoining parcel, building, lot, public street, sidewalk, or alley, or any other public or private property, through settling, cracking, or other damage which might result from grading activities that occur too close to property lines without appropriate safeguards in place;
      3. Carry out the proposed work in accordance with the approved SWPPP and in compliance with all requirements of this Unified Development Ordinance; and
      4. Within 24 hours of occurrence, remove all soil; miscellaneous debris; materials applied, dumped, or otherwise deposited on public streets, highways, sidewalks, or other public thoroughfares, or any other non-authorized offsite location.
    • Responsibilities of the Construction Operator for Related Activities. In addition to the actual construction activities, the following types of activities shall be monitored and mitigated by the operator for potential pollutant run-off:
      1. Loading and unloading operations;
      2. Outdoor storage activities;
      3. Vehicle and equipment maintenance and fueling;
      4. Significant dust or particulate generating processes; and
      5. On-site waste disposal practices.
    • Construction Operations Sequencing. The sequence of construction operations may be modified with prior approval by the Director of Public Works. At a minimum, these operations include:
      1. Clearing and grubbing those areas necessary for the installation of perimeter controls;
      2. Installation of sediment basins and traps;
      3. Construction or perimeter controls;
      4. Remaining clearing and grubbing;
      5. Road grading;
      6. Grading for the remainder of the site;
      7. Utility installation and whether storm drains will be used or blocked until after completion of construction;
      8. Final grading, landscaping, or stabilization; and
      9. Removal of sediment controls.
    • Work Involving Live Waterways. When work in a live waterway is performed such as utility or road crossing, the appropriate BMPs shall be utilized to minimize encroachment, protect the riparian buffer, control sediment transport, and stabilize the work area to the greatest extent possible during construction.
    • Effective on: 1/1/1901

      Sec. 4-12.4.4 Maintenance
    • Construction Maintenance. All BMPs and other protective measures identified in the OS-SWPPP must be maintained in effective operating condition. If site inspections required by Section 4-12.4.2, Inspections identify BMPs that are not operating effectively, maintenance must be performed within seven calendar days, before the next inspection, or as reasonably possible, and before the next storm event whenever practicable to maintain the continued effectiveness of stormwater controls. If periodic inspection or other information indicates that a BMP has been used inappropriately, or incorrectly, the Permittee must address the necessary replacement or modification required to correct the BMP within a time frame of 48 hours of identification. If existing BMPs need to be modified or if additional BMPs are necessary to comply with the requirements of the permit and/or S.C.’s Water Quality Standards, implementation must be completed before the next storm event whenever practicable. If implementation before the next storm event is impracticable, the situation must be documented in the OS-SWPPP and alternative BMPs must be implemented as soon as reasonably possible. Sediment from sediment traps or sedimentation basins must be removed as indicated in the OS-SWPPP or when the design capacity has been reduced by 50 percent, whichever occurs first. Sediment collected by silt fence, or another sediment control measure, must be removed when the deposited sediment reaches one-third of the height of the above-ground portion of these BMPs, or before it reaches a lower height based on the manufacturer's specifications.
    • Permanent Maintenance. Permanent stormwater management structures must be routinely maintained to operate per design. The City requires inclusion of a permanent stormwater management maintenance agreement and a maintenance plan to ensure proper operation. Provide a detailed proposed maintenance plan for permanent stormwater management structures proposed for the project in the narrative. The maintenance agreement and maintenance plan, when required, must be identified and located in the C-SWPPP.
    • Maintenance Agreements. Permanent stormwater management maintenance agreements must meet the following minimum information:
      1. Signed notarized agreement from the responsible party(ies) or individual(s) accepting ownership and maintenance of each permanent stormwater control device/structure, including any permanent LID and/or proprietary control devices (oil-water separators, etc.), underground detention structures, exfiltration systems and non-traditional stormwater controls (constructed wetlands, bioretention, etc.) incorporated into the construction process.
      2. The City must be notified in writing of any changes in maintenance responsibility for the stormwater devices at the site (include this statement in agreement).
    • Maintenance Plans. All maintenance plans must meet the following minimum information:
      1. Description of maintenance plan to be used.
      2. Make sure that detailed or manufacturer-specific maintenance procedures are included for any permanent LID and/or proprietary control devices (oil-water separators, etc.), underground detention structures, exfiltration systems and non-traditional stormwater controls (constructed wetlands, bioretention, etc.) incorporated into the construction process.
      3. Identify each maintenance activity (e.g., inspection, mowing, removing debris, etc.) to be completed. Typical maintenance items to be addressed include but not limited to:
        1. Grass to be mowed;
        2. Trees to be removed from within the pond and on the embankment;
        3. Trash and sediment to be removed from inside of and around the pond outlet structure;
        4. Orifices to be cleaned and unclogged;
        5. Outlet pipe to be cleaned, inspected, and repaired;
        6. Sediment accumulation to be removed from pond;
        7. Pond bottom to be regraded to provide proper drainage towards the outlet discharge point;
        8. Energy dissipator to be cleaned and repaired;
        9. Emergency spillway, if applicable, to be inspected and repaired; and
        10. Erosion on side slopes, if present, to be addressed.
      4. Schedule or frequency for completing each maintenance activity of maintenance procedures (e.g., every six months).
    • Secondary Permittee Common BMP Maintenance Requirement. It shall be the responsibility of the Secondary Permittee to either maintain or coordinate the maintenance of any common stormwater BMPs, accepting stormwater discharges from any area associated with their work, with the Primary Permittee or the party responsible for permanent maintenance.
    • Effective on: 1/1/1901

      Sec. 4-12.4.5 Post-Construction BMP Design Standards
    • Generally. New development and redevelopment projects for which a drainage study and report is required must address stormwater quality through the use of nonstructural and structural best management practices (BMPs) as set out in this Section.
    • Design Criteria. Criteria for water quality protection and the selection and design of appropriate BMPs for specific developments are set out in the latest revision of the Stormwater Management BMP Handbook published by DHEC and in this Article.
      1. BMPs selected must be designed and implemented according to specifications and the criteria of this Section and applicable portions of Division 4-12.2, Stormwater Pollution Prevention Plans (SWPPPs).
      2. For purposes of design and selection of BMPs, the following standards apply in addition to those listed in the latest revision of the Stormwater Management BMP Handbook published by DHEC.
        1. Structural BMPs shall be located on private property when possible. When so located, the BMP shall be owned and operated by the owner of the property on which the facility is located. As a condition of approval of the site plan or subdivision plat, the owner shall agree to operate and maintain the BMP to its design capacity unless or until the City relieves the property owner in writing of that responsibility. The obligation to maintain the BMP shall be noted on the subdivision plat or site plan or in a separate instrument acceptable to the City and shall be recorded in the office of the Florence County Clerk.
        2. When the BMP must be located within the public right-of-way or within property owned by the City, the City shall own, operate, and maintain the facility. The City may take measures to restrict flows from properties using the BMP and the owner of the property whose flow is restricted may be required to treat stormwater upon reasonable notice from the City.
    • Permanent Stormwater Management Requirements. Specific requirements for the permanent stormwater management portion of the SWPPP approval process may be modified by the City for a specific project or type of project, which shall contain the following items of information, as applicable:
      1. Stormwater Management.
        1. Stormwater management shall be addressed on a watershed basis to provide a cost-effective water quantity and water quality solution to the specific watershed problems. This Article provides general design requirements that must be adhered to in the absence of designated watershed specific criteria.
        2. All hydrologic computations shall be accomplished using a volume based hydrograph method acceptable to the City. The storm duration for computational purposes for this method shall be the 24-hour rainfall event, applicable NRCS distribution with a 0.1 hour burst duration time increment. The rational and/or modified rational methods are acceptable for sizing individual culverts or storm drains that are not part of a pipe network or system and do not have a contributing drainage area greater than 20 acres. The storm duration for computational purposes for this method shall be equal to the time of concentration of the contributing drainage area or a minimum of 0.1 hours, whichever is less.
        3. Stormwater management requirements for a specific project shall be based on the entire area to be developed, or if phased, the initial submittal shall control that area proposed in the initial phase and establish a procedure for total site control, as shown in the approved set of site specific development plans.
      2. Water Quantity. Water quantity control is an integral component of overall stormwater management. The following design criteria for flow control are established for water quantity control purposes:
        1. Post-development peak discharge rates shall not exceed pre-development discharge rates for the two-, 10- and 25-year frequency 24-hour duration storm event. The City may utilize a less frequent storm event (e.g. 50- or 100-year, 24-hour) to address existing or future stormwater quantity or quality problems.
        2. Discharge velocities shall be reduced to provide a non-erosive velocity flow from a structure, channel, or other control measure or the velocity of the 10-year, 24-hour storm runoff in the receiving waterway prior to the land disturbing activity, whichever is greater.
        3. Watersheds, including designated watersheds, which have well-documented water quantity problems, may have more stringent or modified design criteria as determined by the City.
      3. Water Quality. Water quality control is also an integral component of stormwater management. To provide adequate water quality protection, design must provide 24-hour detention of the first one inch of runoff from the entire site through the implementation of one or a combination of multiple treatment Best Management Practices (BMPs). The following design criteria are established for water quality protection unless a waiver or variance is granted on a case-by-case basis.
        1. When ponds are used for water quality protection, the ponds shall be designed as both quantity and quality control structures. Sediment storage volume shall be calculated considering the clean out and maintenance schedules specified by the designer during the land disturbing activity. Sediment storage volumes may be predicted by the universal soil loss equation or methods acceptable to the City.
        2. Stormwater runoff that drains to a single outlet from land disturbing activities which disturb 10 acres or more shall be controlled during the land disturbing activity by a sediment basin where sufficient space and other factors allow these controls to be used until the final inspection. The sediment basin shall be designed and constructed to accommodate the anticipated activity and meet a removal efficiency of 80 percent suspended solids or 0.5 ML/L peak settleable solids concentration, whichever is less. The outfall device or system design shall take into account the total drainage area flowing through the disturbed area to be served by the basin.
        3. Other practices may be acceptable to the City if they achieve an equivalent removal efficiency of 80 percent for suspended solids or 0.5 ML/L peak settable solids concentration, whichever is less. The efficiency shall be calculated for disturbed conditions for the 10-year, 24-hour design event.
        4. Permanent water quality ponds shall be designed to store and release the first inch of runoff from the entire site over a 24-hour period.
        5. Permanent infiltration practices, when used, shall be designed to accept, at a minimum, the first inch of runoff from all impervious areas.
        6. Riparian buffers and setbacks requirements to protect receiving water bodies shall be maintained as set out in Division 4-12.5, Riparian Buffers.
        7. Watersheds, including designated watersheds, which have been documented by the City or DHEC as impaired or have established total maximum daily loads (TMDLs), will have more stringent or modified design criteria as determined by the City.
        8. For sites with stormwater discharges to receiving water that are listed as impaired in South Carolina's 303(d) List of Impaired Waters the following requirements apply:
          1. If a TMDL that is applicable to stormwater construction discharges has been established and is in effect, the requirements set out in Section 6-21.5.6, Staff Review and Referral must be met.
          2. If a TMDL has not been established or is not in effect, the requirements outlined in Section 3.4, NPDES Permit for Large and Small Construction Activities set out in Appendix C, NPDES Requirements must be met.
      4. Ponds. Where ponds are the proposed method of control, the person responsible for the land disturbing activity shall submit to the City, when required, an analysis of the impacts of stormwater flows downstream in the watershed for the 10- and 100-year frequency storm events. The analysis shall include hydrologic and hydraulic calculations necessary to determine the impact of hydrograph timing modifications of the proposed land disturbing activity, with and without the pond. The results of the analysis will determine the need to modify the pond design or to eliminate the pond requirement. Lacking a clearly defined downstream point of constriction, the downstream impacts shall be established, with the concurrence of the City.
      5. Wetlands. Where existing wetlands are intended as a component of an overall stormwater management system, the approved SWPPP shall not be implemented until all necessary federal and state permits have been obtained. Copies of the federal and state permits shall be furnished to the City.
      6. Conformance. Designs shall be in accordance with standards developed or approved by the City.
      7. Maintenance. Ease of maintenance must be considered as a site design component. Access to the stormwater management structure must be provided. A clear statement of defined maintenance responsibility shall be established during the plan review and approval process. Prior to any land disturbance activities, signed notarized agreements from the responsible party(ies) or individual(s) accepting ownership and maintenance of each permanent stormwater control device/structure, including any permanent LID and/or proprietary control device, underground detention structures, exfiltration systems and non-traditional stormwater controls must be submitted to and approved by the City.
      8. Infiltration. Infiltration practices have certain limitations on their use on certain sites. These limitations include the following items:
        1. Areas draining to these practices must be stabilized and vegetative filters established prior to runoff entering the system. Infiltration practices shall not be used if a suspended solids filter system does not accompany the practice. If vegetation is the intended filter, there shall be, at least a 20 foot length of vegetative filter prior to stormwater runoff entering the infiltration practice;
        2. The bottom of the infiltration practice shall be at least 0.5 feet above the seasonal high water table, whether perched or regional, determined by direct piezometer measurements, which can be demonstrated to be representative of the maximum height of the water table on an annual basis during years of normal precipitation, or by the depth in the soil at which mottling first occurs;
        3. The infiltration practice shall be designed to completely drain of water within 72 hours;
        4. Soils must have adequate permeability to allow water to infiltrate. Infiltration practices are limited to soils having an infiltration rate of at least 0.30 inches per hour. Initial consideration will be based on a review of the appropriate soil survey, and the survey may serve as a basis for rejection. On-site soil borings and textural classifications must be accomplished to verify the actual site and seasonal high water table conditions when infiltration is to be utilized;
        5. Infiltration practices greater than three feet deep shall be located at least 10 feet from basement walls;
        6. Infiltration practices designed to handle runoff from impervious parking areas shall be a minimum of 150 feet from any public or private water supply well;
        7. The design of an infiltration practice shall provide an overflow system with measures to provide a non-erosive velocity of flow along its length and at the outfall;
        8. The slope of the bottom of the infiltration practice shall not exceed five percent. Also, the practice shall not be installed in fill material as piping along the fill/natural ground interface may cause slope failure;
        9. An infiltration practice shall not be installed on or atop a slope whose natural angle of incline exceeds 20 percent;
        10. Clean outs will be provided at a minimum, every 100 feet along the infiltration practice to allow for access and maintenance.
      9. Regional Approach. A regional approach to stormwater management is an acceptable alternative to site-specific requirements and is encouraged.
    • Mosquitoes and Other Vectors. All stormwater management and sediment control practices shall be designed, constructed, and maintained with consideration for the proper control of mosquitoes and other vectors. Practices may include, but are not limited to:
      1. The bottom of retention and detention ponds shall be graded and have a slope not less than 0.5 percent.
      2. There shall be no depressions in a normally dry detention facility where water might pocket when the water level is receding.
      3. Normally dry detention systems and swales shall be designed to drain within three days.
      4. An aquatic weed control program should be utilized in permanently wet structures to prevent an overgrowth of vegetation in the pond. Manual harvesting is preferred.
      5. Fish may be stocked in permanently wet retention and detention ponds.
      6. Normally dry swales and detention pond bottoms shall be constructed with a gravel blanket or other measure to minimize the creation of tire ruts during maintenance activities.
    • Risk Analysis. Risk analysis may be used to justify a design storm event other than prescribed or to show that rate and volume control is detrimental to the hydrologic response of the basin and therefore, should not be required for a particular site. A complete watershed hydrologic/hydraulic analysis must be done using a complete model/procedure acceptable to the City. Based on the results of this type of evaluation, the City shall review and evaluate the proposed regulation waiver or change. The level of detail of data required is as follows:
      1. Watershed designation on the 7.5 minute topographic map exploded to a minimum of one inch = 400 feet.
      2. Design and performance data to evaluate the effects of any structures which affect discharge. Examples may be ponds or lakes, road crossings acting as attenuation structures, and others which must be taken into account.
      3. Land use data taken from the most recent aerial photograph and field checked and updated.
      4. The water surface profile plotted for the conditions of pre- and post-development for the 10- and 100-year, 24-hour storm.
      5. Elevations of any structure potentially damaged by resultant flow shall also be shown.
    • Inspections. After construction begins, inspections must be conducted at a minimum in accordance with Section 4-12.4.2, Inspections. These requirements must be included in the stormwater pollution prevention plan (SWPPP).
    • Maintenance.
      1. Maintenance during Construction. The applicant is responsible for maintenance and the preventive maintenance of all completed stormwater management practices to ensure proper functioning. The responsible inspection agency shall ensure preventive maintenance through inspection of all stormwater management practices.
      2. Maintenance Responsibilities after Development. Temporary and permanent erosion, sedimentation, and stormwater management facilities, once installed and after a final inspection has been completed, shall be maintained in one of the following manners:
        1. The owner of the property on which work has been done pursuant to this Article, or any other person or agent in control of such property, shall maintain in good condition and shall promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures, and other protective devices. Such repairs or restorations and maintenance shall be in accordance with the approved plan. These generally include private detention and retention facilities.

          The facilities to be maintained by the owner shall provide adequate access to permit City authorities to inspect and, if necessary, to take corrective action. If the owner or any other person or agent in control of such property fails to maintain properly the facilities for which he/she is responsible under the provisions of this Article, the City shall give such owner, person, or agent in control written notice describing specifically the deficiency. If the owner, person, or agent in control fails, within 10 days from the date of receipt of such notice, to take or commence corrective action, such owner, person, or agent shall be subject to the penalties adopted by the City.

        2. All facilities to be maintained by the City must be designed and constructed in accordance with the requirements of this Article and design standards as approved by the City. All facilities shall be dedicated to the City by deed with attached record drawings, after the City has accepted the conveyance of such facilities by appropriate action of the governing body. Such deed shall include sufficient ingress-egress easements to permit the City to properly maintain the facilities. These generally include public detention and retention facilities.
    • Off-Site Damage Correction. The following criteria shall be used by the City in evaluating and for correcting off-site damages resulting from the land disturbing activity:
      1. Determine the extent of damage by sediment resulting from noncompliance with the approved SWPPP;
      2. Determine the classification of the impaired water body, if any;
      3. For the purposes of administering this Article, off-site damages shall include any restrictions to flow or reduced flow/capacity of stormwater management devices that serve more than a single residential/commercial/industrial lot;
      4. Determine the impact and severity of the damage resulting from noncompliance with the approved SWPPP;
      5. Develop an agreement with landowners for cleanup and corrections, including a schedule of implementation;
      6. Evaluate the alternatives for correction of the damage and prevention of future damage; and
      7. Failure to implement the agreement in the required schedule will constitute a violation of these regulations.
    • Inspection and Enforcement.
      1. The person responsible for the land disturbing activity shall notify the City before initiation of construction. The City shall also be notified upon project completion, when a final inspection will be conducted to ensure compliance with the approved SWPPP.
      2. The person responsible for the land disturbing activity shall, if required by the City during the plan approval process, submit "As Built or Record Document" plans. In addition, the person responsible for Level II and III land disturbing activities shall be required to submit written certification from the professional engineer, landscape architect, or Tier B land surveyor responsible for the filed supervision of the land disturbing activity that the land disturbing activity was accomplished according to the approved SWPPP, or approved changes.
      3. During inspection, the City will ensure the following:
        1. Availability of the approved SWPPPs on the project site;
        2. Compliance with the approved SWPPPs;
        3. Documentation that every active site is inspected for compliance with the approved plan by the responsible parties on a regular basis;
        4. Provision of a written report to the person responsible for the land disturbing activity, if necessary, that describes:
          1. The date and location of the site inspection;
          2. Whether the approved plan has been properly implemented and maintained;
          3. Approved plan or practice deficiencies; and
          4. The action taken.
        5. Notification of the person responsible for the land disturbing activity in writing when violations are observed, describing the:
          1. Nature of the violation;
          2. Required corrective action; and
          3. Time period for violation correction.
      4. The City may require a revision to the approved plans, as necessary, due to differing site conditions. Where changes to the approved plan are necessary those changes shall be in accordance with the following:
        1. Major changes to approved SWPPPs, such as the addition or deletion of a sediment basin, shall be submitted by the applicant to the City for review.
        2. Minor changes to SWPPPs may be allowed if approved by the City and documented in the City's inspection report.
      5. The City shall inspect stormwater management construction as it deems necessary.
      6. The City may, in addition to its enforcement options, refer a site violation to DHEC for review.
      7. Referral of a site violation to DHEC may initiate an inspection of the site to verify site conditions. That construction inspection may result in the following actions:
        1. Notification through appropriate means to the person engaged in a land disturbing activity to comply with the approved plan within a specified time frame; and
        2. Notification of plan inadequacy, with a timeframe for the person engaged in a land disturbing activity to submit a revised SWPPP to the City and to receive its approval.
      8. Failure of the person engaged in the land disturbing activity to comply with DHEC requirements may result in the following actions, in addition to other penalties as provided in Chapter 14, Title 48, Code of Laws of South Carolina, 1976, as amended.
        1. DHEC may direct the City to order any person violating any provision of Chapter 14 and/or these regulations to cease and desist from any site work activity other than those actions necessary to achieve compliance with any administrative order.
        2. DHEC may direct the City to refrain from issuing any further building or land disturbance permits to the person having outstanding violations until those violations have been remedied.
        3. DHEC may recommend fines to be levied by the City.
      9. The City may utilize "stop work orders" as a part of its inspection and enforcement program in accordance with the following procedures:
        1. The City may issue a stop work order if it is found that a land disturbing activity is being conducted in violation of this Article or of any regulation adopted or order issued pursuant to, in connection with, or otherwise related to this Article and that either:
          1. Off-site sedimentation resulting from noncompliance with the approved SWPPP has eliminated or severely degraded a use in a lake or natural waterway or that such degradation is imminent.
          2. Off-site sedimentation resulting from noncompliance with the approved SWPPP has caused severe damage to adjacent land.
          3. The land disturbing activity is being conducted without the required approved plan.
          4. Sediment leaving a site is entering a "common" stormwater control/conveyance device(s) and is restricting design capacity flow.
        2. The stop work order shall be in writing and shall state what work is to be stopped and/or what measures are required to abate the violation. The order shall include a statement of the findings made by the City pursuant to Subsection a., above, and shall list the conditions under which work may be resumed. The delivery of equipment and material which does not contribute to the violation may continue while the stop work order is in effect. A copy of this Section shall be attached to the order.
        3. The stop work order shall be served by a City staff person duly authorized by the City Manager, or another person authorized by law to serve a stop work order. The stop work order shall be served on the permittee and/or any person the City has reason to believe is responsible for the violation. The person serving the order shall post a copy of the stop work order in a conspicuous place at the site of the land disturbing activity.
        4. The directives of a stop work order become effective upon service of the order. Thereafter, any person notified of the stop work order who violated any of the directives set out in the order may be assessed a civil penalty.
        5. The City shall designate an employee to monitor compliance with the stop work order. The name of the employee so designated shall be included in the stop work order. The employee so designated shall rescind the stop work order if all the violations for which the stop work order are issued are corrected, no other violations have occurred, and all measures necessary to abate the violations have been taken.
        6. The issuance of a stop work order shall be a final decision subject to judicial review in the same manner as an order in a contested case pursuant to Title 1, Chapter 23, Section 380, Code of Laws of South Carolina, 1976, as amended. The petition for judicial review shall be filed in the circuit court of the county in which the land disturbing activity is being conducted.
    • Effective on: 1/1/1901

      Sec. 4-12.5.1 Riparian Buffer Requirements
    • A.
      Application. The requirements for riparian buffers apply in all zoning districts and to all portions of the water bodies within the City as set out in this Section. Riparian buffer requirements do not apply to wet ponds used as structural best management practices. However, ponds which intersect with stream channels shall meet the buffer requirements of this Section.
    • B.
      Boundaries and Specifications. The riparian buffer requirements associated with each type of water body are as follows:
      1. 1.
        Level I Water Bodies. Level I water bodies include Black Creek, Jeffries Creek, and Middle Swamp.
        1. a.
          The Jeffries Creek riparian buffer is a non-development overlay district.
        2. b.
          A buffer shall be maintained within the floodway, and 20 feet outside of the floodway, as delineated on the Flood Insurance Rate Map (FIRM), dated March 25, 2025, as amended from time to time.
        3. c.
          Improvements or other activities that are recognized to disturb land, increase the impervious area, or degrade water quality are not permitted unless demonstrated that said impacts provide for a net reduction of impervious area, contribute to an increased improvement in water quality, preservation of the overall scenic beauty and wildlife habit and floodplain functionality.
        4. d.
          Exceptions may be granted for water access (e.g. boardwalks, docks, etc.) or permitted by the Director of Utilities when disturbance is necessary to facilitate drainage in unusual circumstances.
        5. e.
          The riparian buffer for Level I water bodies are divided into the following zones:
          1. 1.
            Zone 1. A riparian buffer of at least 20 feet is required on each (outer) side of the floodway. This 20-foot offset area shall consist of forest, small trees/shrubs, grassed areas, walking paths, and/or other passive recreational areas.
          2. 2.
            Zone 2. A riparian buffer of at least 20 feet is also required on each (inner) side of the floodway, if available. Clear-cutting is not permitted within the 20-foot offset area. It shall consist of naturally landscaped areas including canopy trees and small trees/shrubs.
          3. 3.
            Zone 3. All remaining areas within the established floodway shall be left undisturbed in perpetuity.
      2. 2.
        Level II Water Bodies. Level II water bodies include, but are not limited to, High Hill Creek, Beaver Dam Creek, Alligator Branch, Gully Branch from Cherokee to Jeffries Creek, Forest Lake, and Pyle Branch, which are natural creek or drainage features with permanent flows.
        1. a.
          A buffer of at least 30 feet on each side is required, measured from the  top of bank.
        2. b.
          Improvements or other activities that are recognized to disturb land or degrade water quality are not permitted.
        3. c.
          Exceptions may be permitted by the Director of Utilities when disturbance is necessary to facilitate drainage in unusual circumstances.
        4. d.
          The riparian buffer for Level II water bodies are divided into the following zones:
          1. 1.
            Zone 1. The outer 20 feet shall consist of forest, small trees/shrubs, walking paths, and/or other passive recreational uses.
          2. 2.
            The inner 10 feet shall not be clear-cut and shall be left undisturbed in perpetuity.
      3. 3.
        Level III Water Bodies. Level III water bodies include other tributaries, outfalls, and open drainage conveyances.
        1. a.
          A buffer of at least 10 feet is required on each side, measured from the top edge of the existing bank.
        2. b.
          Improvements or other activities that are recognized to disturb land or degrade water quality are not permitted.
        3. c.
          Exceptions may be permitted by the Director of Utilities when disturbance is necessary to facilitate drainage in unusual circumstances.
    • C.
      Credits toward Bufferyard and Open Space Requirements. Riparian buffers may count toward the bufferyard and open space requirements of this Unified Development Ordinance.
    • D.
      Exemptions. Exemptions may be permitted by the City when disturbance is necessary to facilitate drainage in unusual circumstances or where encroachment is necessary for water access. Exemption requests shall be submitted to the City in accordance with Section 4-12.1.2, Sediment and Erosion Control, Subsection B., Requirements of this Article.
    • E.
      Validity. The riparian buffer requirements of this Article are not superseded or invalidated by the issuance of any other permit(s).
    • [Ord. # 2024-01, Jeffries Creek & Flood Prevention, 01/08/2024] 

      Effective on: 1/8/2024

      S
       

      Section 4-12.6.1  Adoption of Flood Hazard Area Maps                                                                                                             

       

      1. This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Florence as identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study, dated March 25, 2025 with accompanying maps and other supporting data that are hereby adopted by reference and declared to be a part of this ordinance.

      2. Upon annexation, any special flood hazard areas identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study for the unincorporated areas of Florence County, with accompanying map and other data are adopted by reference and declared part of this ordinance.

      Effective on: 1/15/2018

      S
      Section 4-12.6.2 Administration                                                                                                                                                                   

       

        1. Development Permit and Certification Requirements.
            1. Development Permit: - Application for a development permit shall be made to the local floodplain administrator on forms furnished by him or her prior to any development activities.  The development permit may include, but not be limited to, plans in duplicate drawn to scale showing:  the nature, location, dimensions, and elevations of the area in question; existing or proposed structures; and the location of fill materials, storage areas, and drainage facilities.  Specifically, the following information is required:

      ​​​​​i. A plot plan that shows the 100-year floodplain contour or a statement that the entire lot is within the floodplain must be provided by the development permit applicant when the lot is within or appears to be within the floodplain as mapped by the Federal Emergency Management Agency or the floodplain identified pursuant to either the Duties and Responsibilities of the local floodplain administrator of Section 4-12.6.2.2.k or the Standards for Subdivision Proposals of Section 4-12.6.3.2 and the Standards for streams without Estimated Base Flood Elevations and Floodways of Section 4-12.6.3.3.  The plot plan must be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by it.  The plot plan must show the floodway, if any, as identified by the Federal Emergency Management Agency or the floodway identified pursuant to either the duties or responsibilities of the local floodplain administrator of Section 4-12.6.2.2.k or the standards for subdivision proposals of Section 4-12.6.3.2.l and the standards for streams without estimated base flood elevations and floodways of Section 4-12.6.3.3.

      1.  

      ii. Where base flood elevation data is provided as set forth in Section 4-12.6.1 or the duties and responsibilities of the local floodplain administrator of Section 4-12.6.2 the application for a development permit within the flood hazard area shall show:

        1. the elevation (in relation to mean sea level) of the lowest floor of all new and substantially improved structures, and
        2. if the structure will be floodproofed in accordance with the Non-Residential Construction requirements of Section 4-12.6.2.2.b the elevation (in relation to mean sea level) to which the structure will be floodproofed.

      iii. ​​​Where base flood elevation data is not provided as set forth in Section 4-12.6.1 or the duties and responsibilities of the local floodplain  administrator of Section 4-12.6.2.2.k, then the provisions in the standards for streams without estimated base flood elevations and floodways of Section 4-12.6.3.3 must be met.

            1. Alteration of WatercourseWhere any watercourse will be altered or relocated as a result of proposed development, the application for a development permit shall include a description of the extent of watercourse alteration or relocation, an engineering study to demonstrate that the flood- carrying capacity of the altered or relocated watercourse is maintained and a map showing the location of the proposed watercourse alteration or relocation. 
          1. Certification 

      i. Floodproofing Certification - When a structure is floodproofed, the applicant shall provide certification from a registered, professional engineer or architect that the non-residential, floodproofed structure meets the floodproofing criteria in the non-residential construction requirements of Section 4-12.6.3.2.b and Section 4-12.6.3.5.b.ii.

      ii. Certification During Construction A lowest floor elevation or floodproofing certification is required after the lowest floor is completed. As soon as possible after completion of the lowest floor and before any further vertical construction commences, or floodproofing by whatever construction means, whichever is applicable, it shall be the duty of the permit holder to submit to the local floodplain administrator a certification of the elevation of the lowest floor, or floodproofed elevation, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by it.  Any work done prior to submission of the certification shall be at the permit holder's risk.  The local floodplain administrator shall review the floor elevation survey data submitted.  The permit holder immediately and prior to further progressive work being permitted to proceed shall correct deficiencies detected by such review.  Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project.

          1.  

      iii. As-built Certification - Upon completion of the development a registered professional engineer, land surveyor or architect, in accordance with SC law, shall certify according to the requirements of Section 4-12.6.2.b.i and ii that the development is built in accordance with the submitted plans and previous pre-development certifications.

       

        1. Duties and Responsibilities of the Local Floodplain Administrator - shall include, but not be limited to:
          1. Permit Review - Review all development permits to assure that the requirements of this ordinance have been satisfied.
          1. Requirement of Federal and/or state permits - Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C 1334.
          1. Watercourse alterations –
            1. Notify adjacent communities and the South Carolina Department of Natural Resources, Land, Water, and Conservation Division, State Coordinator for the National Flood Insurance Program, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. 
            1. In addition to the notifications required watercourse alterations per Section 4-12.6.2.2.c.i, written reports of maintenance records must be maintained to show that maintenance has been provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained.  This maintenance must consist of a comprehensive program of periodic inspections, and routine channel clearing and dredging, or other related functions.  The assurance shall consist of a description of maintenance activities, frequency of performance, and the local official responsible for maintenance performance.  Records shall be kept on file for FEMA inspection.
            1. If the proposed project will modify the configuration of the watercourse, floodway, or base flood elevation for which a detailed Flood Insurance Study has been developed, the applicant shall apply for and must receive approval for a Conditional Letter of Map Revision with the Federal Emergency Management Agency prior to the start of construction.
            1. Within 60 days of completion of an alteration of a watercourse, referenced in the certification requirements of Section 4-12.6.2.1.b.iv, the applicant shall submit as-built certification, by a registered professional engineer, to the Federal Emergency Management Agency.
          1. Floodway encroachments - Prevent encroachments within floodways unless the certification and flood hazard reduction provisions of Section 4-12.6.3.2.e are met.
          1. Adjoining Floodplains - Cooperate with neighboring communities with respect to the management of adjoining floodplains and/or flood-related erosion areas in order to prevent aggravation of existing hazards.
          1. Notifying Adjacent Communities – Notify adjacent communities prior to permitting substantial commercial developments and large subdivisions to be undertaken in areas of special flood hazard and/or flood-related erosion hazards.
          1. Certification requirements
            1. Obtain and review actual elevation (in relation to mean sea level) of the lowest floor of all new or substantially improved structures, in accordance with administrative procedures outlined in Section 4-12.6.2.1.b.ii.
            1. Obtain the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, in accordance with the floodproofing certification outlined in Section 4-12.6.2.1.b.i.
            1. When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the non-residential construction requirements outlined in Section 4-12.6.3.2.b.
          1. Map Interpretation - Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation.  The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article.
          1. Prevailing Authority – Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations for flood protection elevations (as found on an elevation profile, floodway data table, etc.) shall prevail. The correct information should be submitted to FEMA as per the map maintenance activity requirements outlined in Section 4-12.6.3.2.g.ii.
          1. Use Of Best Available Data - When base flood elevation data and floodway data has not been provided in accordance with Section 4-12.6.1, obtain, review, and reasonably utilize best available base flood elevation data and floodway data available from a federal, state, or other source, including data developed pursuant to the standards for subdivision proposals outlined in Section 4-12.6.3.2.l, in order to administer the provisions of this ordinance.  Data from preliminary, draft, and final Flood Insurance Studies constitutes best available data from a federal, state, or other source. Data must be developed using hydraulic models meeting the minimum requirement of NFIP approved model. If an appeal is pending on the study in accordance with 44 CFR Ch. 1, Part 67.5 and 67.6, the data does not have to be used.
          1. Special Flood hazard Area/topographic Boundaries Conflict - When the exact location of boundaries of the areas special flood hazards conflict with the current, natural topography information at the site; the site information takes precedence when the lowest adjacent grade is at or above the BFE, the property owner may apply and be approved for a Letter of Map Amendment (LOMA) by FEMA.  The local floodplain administrator in the permit file will maintain a copy of the Letter of Map Amendment issued from FEMA.
          2. On-Site inspections - Make on-site inspections of projects in accordance with the administrative procedures outlined in Section 4-12.6.2.3. 
          3. Administrative Notices - Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions in accordance with the administrative procedures in Section 4-12.6.2.3.
          1. Records Maintenance - Maintain all records pertaining to the administration of this ordinance and make these records available for public inspection.
          2. Annexations and Detachments - Notify the South Carolina Department of Natural Resources Land, Water and Conservation Division, State Coordinator for the National Flood Insurance Program within six (6) months, of any annexations or detachments that include special flood hazard areas. 
          1. Federally Funded Development - The President issued Executive Order 11988, Floodplain Management May 1977. E.O. 11988 directs federal agencies to assert a leadership role in reducing flood losses and losses to environmental values served by floodplains. Proposed developments must go through an eight-step review process. Evidence of compliance with the executive order must be submitted as part of the permit review process.
          1. Substantial Damage Determination – Perform an assessment of damage from any origin to the structure using FEMA’s Residential Substantial Damage Estimator (RSDE) software to determine if the damage equals or exceeds 50 percent of the market value of the structure before the damage occurred.
          2. Substantial Improvement Determination – Perform an assessment of permit applications for improvements or repairs to be made to a building or structure that equals or exceeds 50 percent of the market value of the structure before the start of construction.  Cost of work counted for determining if and when substantial improvement to a structure occurs shall be cumulative for a period of five years.  If the improvement project is conducted in phases, the total of all costs associated with each phase, beginning with the issuance of the first permit, shall be utilized to determine whether “substantial improvement” will occur

      The market values shall be determined by one of the following methods:

            1. the current assessed building value as determined by the county’s assessor’s office or the value of an appraisal performed by a licensed appraiser at the expense of the owner within the past 6 months.
            1. one or more certified appraisals from a registered professional licensed appraiser in accordance with the laws of South Carolina. The appraisal shall indicate actual replacement value of the building or structure in its pre-improvement condition, less the cost of site improvements and depreciation for functionality and obsolescence.
            1. Real Estate purchase contract within 6 months prior to the date of the application for a permit.

       

      3. Administrative Procedures

          1. Inspections of Work in Progress - As the work pursuant to a permit progresses, the local floodplain administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit.  In exercising this power, the floodplain administrator has a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction at any reasonable hour for the purposes of inspection or other enforcement action.
          1. Stop-Work Orders - Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this ordinance, the floodplain administrator may order the work to be immediately stopped.  The stop-work order shall be in writing and directed to the person doing the work.  The stop-work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed.  Violation of a stop-work order constitutes a misdemeanor.
          1. Revocation of Permits - The local floodplain administrator may revoke and require the return of the development permit by notifying the permit holder in writing, stating the reason for the revocation.  Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit.  Any permit mistakenly issued in violation of an applicable state or local law may also be revoked.
          1. Periodic Inspections - The local floodplain administrator and each member of his/her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.
          1. Violations to be Corrected - When the local floodplain administrator finds violations of applicable state and local laws, it shall be his/her duty to notify the owner or occupant of the building of the violation.  The owner or occupant shall immediately remedy each of the violations of law on the property he owns.
          1. Actions in Event of Failure to Take Corrective Action:  If the owner of a building or property shall fail to take prompt corrective action, the floodplain administrator shall give him written notice, by certified or registered mail to his last known address or by personal service, that:
            1. the building or property is in violation of the Flood Damage Prevention Ordinance,
            1. a hearing will be held before the local floodplain administrator at a designated place and time, not later than 10 days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and,
            1. following the hearing, the local floodplain administrator may issue such order to alter, vacate, or demolish the building; or to remove fill as appears appropriate.
          1. Order to Take Corrective Action:  If, upon a hearing held pursuant to the notice prescribed above, the floodplain administrator shall find that the building or development is in violation of the Flood Damage Prevention Ordinance, he/she shall make an order in writing to the owner, requiring the owner to remedy the violation within such period, not less than 60 days, the floodplain administrator may prescribe; provided that where the floodplain administrator finds that there is imminent danger to life or other property, he may order that corrective action be taken in such lesser period as may be feasible.
          1. Appeal:  Any owner who has received an order to take corrective action may appeal from the order to the local elected governing body by giving notice of appeal in writing to the floodplain administrator and the clerk within 10 days following issuance of the final order.  In the absence of an appeal, the order of the floodplain administrator shall be final.  The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.
          1. Failure to Comply with Order:  If the owner of a building or property fails to comply with an order to take corrective action from which no appeal has been taken, or fails to comply with an order of the governing body following an appeal, he shall be guilty of a misdemeanor and shall be punished in the discretion of the court.
          1. Denial of Flood Insurance under the NFIP: If a structure is declared in violation of this ordinance and after all other penalties are exhausted to achieve compliance with this ordinance then the local floodplain administrator shall notify the Federal Emergency Management Agency (FEMA) to initiate a Section 1316 of the National Flood insurance Act of 1968 action against the structure upon the finding that the violator refuses to bring the violation into compliance with the ordinance.  Once a violation has been remedied the local floodplain administrator shall notify FEMA of the remedy and ask that the Section 1316 be rescinded.  
          1. The following documents are incorporated by reference and may be used by the local floodplain administrator to provide further guidance and interpretation of this ordinance as found on FEMA’s website at www.fema.gov:

       i. All FEMA Technical Bulletins

       ii. All FEMA Floodplain Management Bulletins

       iii. FEMA 348 Protecting Building Utilities from Flood Damage

      Effective on: 1/15/2018

      Section 4-12.6.3 Provisions for Flood Hazard Reduction
       

        1. 1.
          General Standards

      Development may not occur in the Special Flood Hazard Area (SFHA) where alternative locations exist due to the inherent hazards and risks involved.  Before a permit is issued, the applicant shall demonstrate that new structures cannot be located out of the SFHA and that encroachments onto the SFHA are minimized.  In all areas of special flood hazard the following provisions are required:

          1. a.
             Reasonably Safe from Flooding - Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding.
          2. b.
            Anchoring - All new construction and substantial improvements shall be anchored to prevent flotation, collapse, and lateral movement of the structure.
          1. b.
               Flood Resistant Materials and Equipment - All new construction and substantial improvements shall be constructed with flood resistant materials and utility equipment resistant to flood damage in accordance with Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, dated 8/08, and available from the Federal Emergency Management Agency.
          1. c.
            Minimize Flood Damage - All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damages,
          1. d.
             Critical Development - shall be elevated to the 500 year flood elevation or be elevated to the highest known historical flood elevation (where records are available), whichever is greater. If no data exists establishing the 500 year flood elevation or the highest known historical flood elevation, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates 500 year flood elevation data,
          1. e.
             Utilities - Electrical, ventilation, plumbing, heating and air conditioning equipment (including ductwork), and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of the base flood plus one foot (freeboard). 
          1. f.
             Water Supply Systems - All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system,
          1. g.
             Sanitary Sewage Systems – New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.  On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding,
          1. h.
             Gas Or Liquid Storage Tanks – All gas or liquid storage tanks, either located above ground or buried, shall be anchored to prevent floatation and lateral movement resulting from hydrodynamic and hydrostatic loads.
          1. i.
             Alteration, Repair, Reconstruction, Or Improvements - Any alteration, repair, reconstruction, or improvement to a structure that is in compliance with the provisions of this ordinance, shall meet the requirements of "new construction" as contained in this ordinance. This includes post-FIRM development and structures.
          1. j.
             Non-Conforming Buildings or Uses - Non-conforming buildings or uses may not be enlarged, replaced, or rebuilt unless such enlargement or reconstruction is accomplished in conformance with the provisions of this ordinance.  Provided, however, nothing in this ordinance shall prevent the repair, reconstruction, or replacement of an existing building or structure located totally or partially within the floodway, provided that the bulk of the building or structure below base flood elevation in the floodway is not increased and provided that such repair, reconstruction, or replacement meets all of the other requirements of this ordinance,
          1. k.
             American with Disabilities Act (ADA) - A building must meet the specific standards for floodplain construction outlined in Section 4-12.6.3, as well as any applicable ADA requirements.  The ADA is not justification for issuing a variance or otherwise waiving these requirements.  Also, the cost of improvements required to meet the ADA provisions shall be included in the costs of the improvements for calculating substantial improvement.
        1. 2.
          Specific Standards

      In all areas of special flood hazard ( Zones A and AE) where base flood elevation data has been provided, as set forth in Section 4-12.6.1 or outlined in the Duties and Responsibilities of the local floodplain administrator Section 4-12.6.2, the following provisions are required:

          1. a.
            Residential Construction – All new construction and substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor elevated no lower than one foot above the base flood elevation.  No basements are permitted.  Should solid foundation perimeter walls be used to elevate a structure, flood openings sufficient to automatically equalize hydrostatic flood forces, shall be provided in accordance with the elevated buildings requirements in Section 4-12.6.3.2.d.
          1. b.
            Non-Residential Construction
              1. i.
                All new construction and substantial improvement of any commercial, industrial, or non-residential structure (including manufactured homes) shall have the lowest floor elevated no lower than one foot above the level of the base flood elevation.   Should solid foundation perimeter walls be used to elevate a structure, flood openings sufficient to automatically equalize hydrostatic flood forces, shall be provided in accordance with the elevated buildings requirements in Section 4-12.6.3.2.d.  No basements are permitted.  Structures located in A-zones may be floodproofed in lieu of elevation provided that all areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. 

        ii. A registered, professional engineer or architect shall certify that the standards of this subsection are satisfied.  Such certifications shall be provided to the official as set forth in the floodproofing certification requirements in Section 4-12.6.2.1.b.i. A variance may be considered for wet-floodproofing agricultural structures in accordance with the criteria outlined in Article 9 of this ordinance.  Agricultural structures not meeting the criteria of Article 9 must meet the non-residential construction standards and all other applicable provisions of this ordinance. Structures that are floodproofed are required to have an approved maintenance plan with an annual exercise.  The local floodplain administrator must approve the maintenance plan and notification of the annual exercise shall be provided to it.​​​​​​

      c. Manufactured Homes

            1. i.
              Manufactured homes that are placed or substantially improved on sites outside a manufactured home park or subdivision, in a new manufactured home park or sub-division, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, must be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated no lower than one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
            1. ii.
              Manufactured homes that are to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the provisions for residential construction in Section 4-12.6.3.2.a of this ordinance must be elevated so that the lowest floor of the manufactured home is elevated no lower one foot than above the base flood elevation, and be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement. 
            1. iii.
              Manufactured homes shall be anchored to prevent flotation, collapse, and lateral movement.  For the purpose of this requirement, manufactured homes must be anchored to resist flotation, collapse, and lateral movement in accordance with Section 40-29-10 of the South Carolina Manufactured Housing Board Regulations, as amended. Additionally, when the elevation requirement would be met by an elevation of the chassis 36 inches or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is above 36 inches in height an engineering certification is required.
            1. iv.
              An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured home parks or subdivisions located within flood-prone areas. This plan shall be filed with and approved by the local floodplain administrator and the local Emergency Preparedness Coordinator.
          1. d.
            Elevated Buildings - New construction and substantial improvements of elevated buildings that include fully enclosed areas below the lowest floor that are usable solely for the parking of vehicles, building access, or limited storage in an area other than a basement, and which are subject to flooding shall be designed to preclude finished space and be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.
            1. i.
              Designs for complying with this requirement must either be certified by a professional engineer or architect or meet or exceed all of the following minimum criteria:
              1. a.
                 Provide a minimum of two openings on different walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
              1. b.
                 The bottom of each opening must be no more than 1 foot above the higher of the interior or exterior grade immediately under the opening,
              1. c.
                 Only the portions of openings that are below the base flood elevation (BFE) can be counted towards the required net open area.
              1. d.
                 Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
              1. e.
                 Fill placed around foundation walls must be graded so that the grade inside the enclosed area is equal to or higher than the adjacent grade outside the building on at least one side of the building.
            1. ii.
              Hazardous Velocities - Hydrodynamic pressure must be considered in the design of any foundation system where velocity waters or the potential for debris flow exists.  If flood velocities are excessive (greater than 5 feet per second), foundation systems other than solid foundation walls should be considered so that obstructions to damaging flood flows are minimized. 
            1. iii.
              Enclosures Below Lowest Floor
              1. a.
                Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator).
              1. b.
                The interior portion of such enclosed area shall not be finished or partitioned into separate rooms, must be void of utilities except for essential lighting as required for safety, and cannot be temperature controlled. 
              1. c.
                One wet location switch and/or outlet connected to a ground fault interrupt breaker may be installed below the required lowest floor elevation specified in the specific standards outlined in Section 4-12.6.3.2.a, b, and c.
              1. d.
                All construction materials below the required lowest floor elevation specified in the specific standards outlined in Section 4-12.6.3.2.a, b, c, and d should be of flood resistant materials.
          1. e.
             Floodways - Located within areas of special flood hazard established in Section 1.4, are areas designated as floodways.  The floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles and has erosion potential.  The following provisions shall apply within such areas:
            1. i.
              No encroachments, including fill, new construction, substantial improvements, additions, and other developments shall be permitted unless:
              1. a.
                It has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any impact on the flood levels during the occurrence of the base flood.  Such certification and technical data shall be presented to the local floodplain administrator; or
              1. b.
                A Conditional Letter of Map revision (CLOMR) has been approved by FEMA.  A Letter of Map Revision must be obtained upon completion of the proposed development.
            1. ii.
              If Section 4-12.6.3.2.d.i is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 4-12.6.3.
            1. iii.
              No manufactured homes shall be permitted, except in an existing manufactured home park or subdivision.  A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring and the elevation standards of Section 4-12.6.3.2.c and the encroachment standards of Section 4-12.6.3.2.e.i are met.
            1. iv.
              Permissible uses within floodways may include:  general farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, game farm, and other similar agricultural, wildlife, and related uses.  Also, lawns, gardens, play areas, picnic grounds, and hiking and horseback riding trails are acceptable uses, provided that they do not employ structures or fill.  Substantial development of a permissible use may require a no-impact certification.  The uses listed in this subsection are permissible only if and to the extent that they do not cause any increase in base flood elevations or changes to the floodway configuration. 
          1. f.
            Recreational Vehicles
            1. i.
              A recreational vehicle is ready for highway use if it is:
              1. a.
                on wheels or jacking system
              1. b.
                attached to the site only by quick-disconnect type utilities and security devices; and
              1. c.
                has no permanently attached additions
            1. ii.
              Recreational vehicles placed on sites shall either be:
              1. a.
                on site for fewer than 180 consecutive days; or
              1. b.
                be fully licensed and ready for highway use, or
              2. c.
                meet the development permit and certification requirements of Section 4-12.6.2.2, general standards outlined in Section 4-12.6.3.1, and manufactured homes standards in Section 4-12.6.2.2.c and d.
          1. g.
            Map Maintenance Activities – The National Flood Insurance Program (NFIP) requires flood data to be reviewed and approved by FEMA. This ensures that flood maps, studies and other data identified in Section 4-12.6.1 accurately represent flooding conditions so appropriate floodplain management criteria are based on current data.  The following map maintenance activities are identified:
            1. i.
              Requirement to Submit New Technical Data

      a. For all development proposals that impact floodway/floodplain delineations or base flood elevations, the community shall ensure that a Letter of Map Revision reflecting the impacts be submitted to FEMA as soon as practicable , but no later than six months of the date such information becomes available. These development proposals include; but not limited to:: 

                1.   
                  1. 1.
                    Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
                  2. 2.
                    ​​​​​​Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
                  3. 3.
                    Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including stream restoration and the placement of culverts; and
                  4. 4.
                    Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 4-12.6.3.3.a.
              1. b.
                It is the responsibility of the applicant to have technical data, required in accordance with Section 4-12.6.3.2.g, prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall also be the responsibility of the applicant.
              1. c.
                The local floodplain administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:

      1. ​​​​​​Proposed floodway encroachments that increase the base flood elevation; or

      ​​2. ​​​​​Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.

              1. d.
                Floodplain development permits issued by the local floodplain administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to Section 4-12.6.3.2.g.
            1. ii.
              Right to Submit New Technical Data - The floodplain administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the local jurisdiction and may be submitted at any time.
          1. h.
            Accessory Structures
            1. i.
              A detached accessory structure or garage, the cost of which is greater than $3,000, must comply with the requirements as outlined in FEMA’s Technical Bulletin 7-93 Wet Floodproofing Requirements or be elevated in accordance with Section 4-12.6.3.2.a and d or dry floodproofed in accordance with Section 4-12.6.3.2.b.
            1. ii.
               If accessory structures of $3,000 or less are to be placed in the floodplain, the following criteria shall be met:
              1. a.
                Accessory structures shall not be used for any uses other than the parking of vehicles and storage,
              1. b.
                Accessory structures shall be designed to have low flood damage potential,
              1. c.
                Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters,
              1. d.
                Accessory structures shall be firmly anchored to prevent flotation, collapse and lateral movement of the structure,
              1. e.
                Service facilities such as electrical and heating equipment shall be installed in accordance with Article IV.A.5,
              1. f.
                Openings to relieve hydrostatic pressure during a flood shall be provided below base flood elevation in conformance with Section 4-12.6.3.2.d.i, and
              1. g.
                Accessory structures shall be built with flood resistance materials in accordance with Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, dated 8/08, and available from the Federal Emergency Management Agency. Class 4 and 5 materials, referenced therein, are acceptable flood-resistant materials.
          1. i.
            Swimming Pool Utility Equipment Rooms - If the building cannot be built at or above the BFE, because of functionality of the equipment then a structure to house the utilities for the pool may be built below the BFE with the following provisions:
            1. i.
              Meet the requirements for accessory structures in Section 4-12.6.3.2.h.
            1. ii.
              The utilities must be anchored to prevent flotation and shall be designed to prevent water from entering or accumulating within the components during conditions of the base flood.
          1. j.
            Elevators
            1. i.
              Install a float switch system or another system that provides the same level of safety necessary for all elevators where there is a potential for the elevator cab to descend below the BFE during a flood per FEMA’s Technical Bulletin 4-93 Elevator Installation for Buildings Located in Special Flood Hazard Areas.
            1. ii.
              All equipment that may have to be installed below the BFE such as counter weight roller guides, compensation cable and pulleys, and oil buffers for traction elevators and the jack assembly for a hydraulic elevator must be constructed using flood-resistant materials where possible per FEMA’s Technical Bulletin 4-93 Elevator Installation for Buildings Located in Special Flood Hazard Areas.
          1. k.
            Fill - An applicant shall demonstrate that fill is the only alternative to raising the building to meet the residential and non-residential construction requirements of Section 4-12.6.3.2.a or b and that the amount of fill used will not affect the flood storage capacity or adversely affect adjacent properties.  The following provisions shall apply to all fill placed in the special flood hazard area:
            1. a.
               Fill may not be placed in the floodway unless it is in accordance with the requirements in Section 4-12.6.3.2.e.i.
            1. b.
              Fill may not be placed in wetlands without the required state and federal permits.
            1. c.
              Fill must consist of soil and rock materials only.  A registered professional geotechnical engineer may use dredged material as fill only upon certification of suitability.  Landfills, rubble fills, dumps, and sanitary fills are not permitted in the floodplain.
            1. d.
              Fill used to support structures must comply with ASTM Standard D-698, and its suitability to support structures certified by a registered, professional engineer.
            1. e.
              Fill slopes shall be no greater than two horizontal to one vertical.  Flatter slopes may be required where velocities may result in erosion.
            1. f.
              The use of fill shall not increase flooding or cause drainage problems on neighboring properties.
            2. g.
              Shall meet the requirements of FEMA Technical Bulletin 10-01, Ensuring That Structures Built On Fill in or Near Special Flood Hazard Areas Are Reasonable Safe from Flooding.​​​​​

      l. Standards for Subdivision Proposals and other development

      1. ​​a. ​​​​​All subdivision proposals and other proposed new development shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations.
      2. b. All subdivision proposals and other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
      3. c. All subdivision proposals and other proposed new development shall have adequate drainage provided to reduce exposure to flood damage.
      4. d. The applicant shall meet the requirement to submit technical data to FEMA in Section 4-12.6.3.2.g when a hydrologic and hydraulic analysis is completed that generates base flood elevations.

      3Standards for Streams without Established Base Flood Elevations and Floodways - Located within the areas of special flood hazard (Zones A and AE) established in Section 4-12.6.1, are small streams where no base flood data has been provided and where no floodways have been identified.  The following provisions apply within such areas:

          1. a.
            In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or 5 acres, whichever is less.
          1. b.
            No encroachments, including fill, new construction, substantial improvements and new development shall be permitted within 100 feet of the stream bank unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
          1. c.
            If Section 4-12.6.3.3.a is satisfied and base flood elevation data is available from other sources, all new construction and substantial improvements within such areas shall comply with all applicable flood hazard ordinance provisions of Section 4-12.6.3 and shall be elevated or floodproofed in accordance with elevations established in accordance with Section 4-12.6.2.3.k.
          1. d.
            Data from preliminary, draft, and final Flood Insurance Studies constitutes best available data. Refer to FEMA Floodplain Management Technical Bulletin 1-98 Use of Flood Insurance Study (FIS) Data as Available Data.  If an appeal is pending on the study in accordance with 44 CFR Ch. 1, Part 67.5 and 67.6, the data does not have to be used. 
          1. e.
            When base flood elevation (BFE) data is not available from a federal, state, or other source one of the following methods may be used to determine a BFE For further information regarding the methods for determining BFEs listed below, refer to FEMA’s manual Managing Floodplain Development in Approximate Zone A Areas:
            1. i.
              Contour Interpolation
              1. a.
                Superimpose approximate Zone A boundaries onto a topographic map and estimate a BFE. 
              1. b.
                Add one-half of the contour interval of the topographic map that is used to the BFE.
            1. ii.
              Data Extrapolation - A BFE can be determined if a site within 500 feet upstream of a reach of a stream reach for which a 100-year profile has been computed by detailed methods, and the floodplain and channel bottom slope characteristics are relatively similar to the downstream reaches. No hydraulic structures shall be present.
            1. iii.
              Hydrologic and Hydraulic Calculations- Perform hydrologic and hydraulic calculations to determine BFEs using FEMA approved methods and software. 
        1. 4.
           Standards for Streams with Established Base Flood Elevations but without Floodways - Along rivers and streams where Base Flood Elevation (BFE) data is provided but no floodway is identified for a Special Flood Hazard Area on the FIRM or in the FIS. 
      1. a.
        No encroachments including fill, new construction, substantial improvements, or other development shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
        1. 5.
          Standards for Areas of Shallow Flooding (AO Zones) - Located within the areas of special flood hazard established in Section 1.4, are areas designated as shallow flooding.  The following provisions shall apply within such areas:
          1. a.
             All new construction and substantial improvements of residential structures shall have the lowest floor elevated to at least as high as the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade.  If no depth number is specified, the lowest floor shall be elevated at least three (3) feet above the highest adjacent grade.
          1. b.
            All new construction and substantial improvements of non-residential structures shall:
            1. i.
              Have the lowest floor elevated to at least as high as the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade.  If no depth number is specified, the lowest floor shall be elevated at least three (3) feet above the highest adjacent grade; or,
            1. ii.
              Be completely flood-proofed together with attendant utility and sanitary facilities to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required as stated in Section 4-12.6.2.2.
          1. c.
            All structures on slopes must have drainage paths around them to guide water away from the structures.

       

       

       

      Effective on: 1/15/2018

      S
      Sec. 4-12.6.4 Warning and Disclaimer of Liability

      The degree of flood protection required by this Unified Development Ordinance is based on scientific and engineering considerations. However, larger floods can and will occur on rare occasions. Therefore, this Unified Development Ordinance shall not create liability on the part of the participating governments of by any officer or employee for any flood damages that result from reliance on this Unified Development Ordinance or any administrative decision lawfully made hereunder.

      Effective on: 1/15/2018

      Sec. 4-12.7.1 Continuation of the Expired General Permit
      If the Permittee receives coverage under the 2013 issuance of the permit, they will retain coverage and be required to adhere to permit conditions in accordance with the S.C. Administrative Procedures Act and S.C. Regulation 61-9 until the earliest of:

      1. Reissuance or replacement of the permit, at which time the Permittee must comply with the conditions of the new permit to maintain authorization to discharge; or
      2. The Permittee submits a notice of termination; or
      3. Issuance of an individual permit for the project’s discharges; or
      4. A formal permit decision by DHEC to not reissue this general permit, at which time the applicant must seek coverage under an alternative general permit or an individual permit.

      Effective on: 1/1/1901

      Sec. 4-12.7.2 Requiring an Individual Permit or an Alternative General Permit
    • In accordance with Section 122.28(b)(3) of S.C. Regulation 61-9, DHEC may require the applicant to apply for and/or obtain an individual NPDES permit. Any interested person may petition DHEC to take action under this paragraph. If DHEC requires the applicant to apply for an individual NPDES permit, DHEC will notify the applicant in writing that a permit application is required. This notification will include a brief statement of the reasons for this decision and an application form. In addition, if the applicant is an existing Permittee covered under the permit, the notice will set a deadline to file the application, and will include a statement that on the effective date of issuance or denial of the individual NPDES permit or the alternative general permit as it applies to the Permittee, coverage under this general permit will automatically terminate. DHEC may grant additional time to submit the application upon the applicant’s request. If the Permittee is covered under the permit and the Permittee fails to submit in a timely manner an individual NPDES permit application as required by DHEC, then the applicability of the permit to the Permittee is automatically terminated at the end of the day specified by DHEC as the deadline for application submittal.
    • If an alternate general permit that is more appropriate for the applicant’s construction activity is available, DHEC may grant the applicant coverage under the alternate general permit in lieu of granting the applicant coverage under the permit. In accordance with applicable state law and regulation, the applicant has a right to appeal DHEC’s decision.
    • An applicant may request to be excluded from the coverage of the permit by applying for an individual permit. In such a case, the applicant must submit an individual application in accordance with the requirements of §122.26(c)(1)(ii) of S.C. Regulation 61-9, with reasons supporting the request, to: Stormwater Permitting Section Bureau of Water, DHEC, 2600 Bull Street, Columbia, SC 29201. The request may be granted by issuance of an individual permit or an alternative general permit if the applicant’s reasons are adequate to support the request.
    • When an individual NPDES permit is issued to an applicant, who is otherwise subject to the permit, or an applicant is authorized to discharge under an alternative NPDES general permit, the applicability of the permit to the Permittee is automatically terminated on the effective date of the individual permit or the date of authorization of coverage under the alternative general permit, whichever the case may be. If the Permittee, who is otherwise subject to the permit, is denied an individual NPDES permit or an alternative NPDES general permit, the applicability of the permit to the Permittee is automatically terminated on the date of such denial, unless otherwise specified by DHEC.
    • Effective on: 1/15/2018

      Sec. 4-12.7.3 Release in Excess of Reportable Quantities
    • The Permittee must prevent or minimize the discharge of hazardous substances or oil in stormwater discharges from the construction site in accordance with the C-SWPPP. The permit does not relieve the Permittee of the federal reporting requirements of 40 CFR Part 110, 40 CFR Part 117, and 40 CFR Part 302 relating to spills or other releases of oils or hazardous substances.
    • Where a release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302, occurs during a 24-hour period:
      1. The Permittee must notify the City and DHEC’s Emergency Response Section and the National Response Center (NRC) in accordance with the requirements of 40 CFR Part 110, 40 CFR Part 117, and 40 CFR Part 302, as soon as site staff have knowledge of the discharge; and
      2. The Permittee must modify the C-SWPPP as required under Section 4-12.2.7, Modifications, within 14 calendar days of knowledge of the release to: provide a description of the release, the circumstances leading to the release, and the date of the release. In addition, the Permittee must review the C-SWPPP to identify measures to prevent the reoccurrence of such releases and to respond to such releases, and the Permittee must modify the C-SWPPP where appropriate.
    • Effective on: 1/1/1901

      Sec. 4-12.7.4 Attainment of Water Quality Standards after Authorization
    • The Permittee must select, install, implement, and maintain BMPs at the construction site that minimize pollutants in the discharge as necessary to meet applicable water quality standards. In general the C-SWPPP developed, implemented, and updated consistent with Division 4-12.2, Stormwater Pollution Prevention Plans (SWPPPs) is considered as stringent as necessary to ensure that site discharges do not cause or contribute to a violation of any applicable water quality standard.
    • All written responses required under this part must include a signed certification consistent with §122.22 of S.C. Regulation 61-9.
    • Effective on: 1/1/1901

      Sec. 4-12.7.5 Retention of Records
      The permittee shall retain copies of the C-SWPPP/OS-SWPPP and all documentation required by the permit, including records of all data used to complete the NOI for at least three years from the date that permit coverage expires or is terminated. This period may be extended by request of DHEC or the City at any time.

      Effective on: 1/15/2018

      Sec. 4-12.7.6 Water Quality Protection
      If there is evidence indicating that the stormwater discharges authorized by the permit cause, have the reasonable potential to cause or contribute to a violation of any applicable water quality standard, the Permittee may be required to obtain an individual permit in accordance with this Division, the permit may be modified in accordance with Section 122.62 of S.C. Regulation 61-9 to include different limitations and/or requirements as addressed or the Permittee’s coverage may be terminated in accordance with Section 122.64 of S.C. Regulation 61-9.

      Effective on: 1/1/1901

      Sec. 4-12.8.1 Requirements
    • The Permittee may only submit a Notice of Termination (NOT) after one or more of the following conditions have been met:
      1. Final stabilization has been achieved on all portions of the construction site for which the Permittee is responsible;
      2. Another operator has assumed control, according to §122.41(l)(3) of S.C. Regulation 61-9 (see Appendix C of the permit), over all areas of the construction site that have not reached final stabilization;
      3. Coverage under an individual or alternative general NPDES permit has been obtained;
      4. For residential lots only, either:
        1. Final stabilization has been achieved on all portions of a residential lot(s), or
        2. Temporary stabilization including perimeter controls for a residential lot(s) have been achieved prior to occupation of the home by the homeowner and that the homeowner has been informed, by the Primary/Secondary Permittee, about the need for, and benefits of, final stabilization;
      5. For construction activities on land used for agricultural purposes (e.g., pipelines across crop or range land, staging areas for highway construction, etc.), either:
        1. Final stabilization has been accomplished by returning the disturbed land to its preconstruction agricultural use, and
        2. For any areas disturbed that were not previously used for agricultural activities and areas which are not being returned to their preconstruction agricultural use have achieved final stabilization, as defined by the permit; or
      6. Land disturbance activities were never initiated on the construction site and the construction site remains permanently stabilized.
    • The NOT must be submitted within 30 days of one of the above conditions being met. Authorization to discharge terminates at midnight of the day the NOT is signed.
    • If an NOT has been submitted and the construction site does not meet the criteria for termination, then the construction site remains subject to the provisions of the permit.
    • A revised maintenance agreement, consistent with Section 4-12.4.4, Maintenance, Subsection D., Maintenance Plans, must be submitted along with the NOT, when the responsible party(ies) or individual(s) accepting ownership or maintenance of permanent stormwater control devices have changed from what was originally approved.
    • For residential subdivisions, Primary Permittees do not need to terminate permit coverage in areas where Secondary Permittees have received permit coverage to perform work under the permit. Primary Permittees can request to terminate coverage when Secondary Permittees are authorized to conduct construction activities, independent of the Primary Permittee, for the remaining disturbed areas on the construction site and final stabilization has been achieved on all other areas of the construction site.
    • Effective on: 1/1/1901

      Sec. 4-12.8.2 Submitting a Notice of Termination
    • It is the Permittee’s responsibility to submit a complete and accurate NOT, using the form (or a photocopy thereof) provided by DHEC or the City.
    • If DHEC notifies dischargers (either directly, by public notice, or by making information available on the Internet) of other NOT form options (e.g., electronic submission), the Permittee may take advantage of those options to satisfy the requirements of this Division.
    • The NOT must include the following information:
      1. The Permittee’s CGP NPDES coverage number for the stormwater discharge;
      2. The basis for submission of the NOT as outlined in Section 4-12.8.1, Requirements;
      3. Operator’s name, address, telephone number, and the Permittee’s organization’s Employer Identification Number (EIN), as established by the U.S. Internal Revenue Service;
      4. The name of the project and address (or a description of location if no street address is available) of the construction site for which the notification is submitted; and
      5. A certification statement, signed and dated by an authorized representative as defined in §122.22 of S.C. Regulation 61-9 and the name and title of that authorized representative.
      6. For projects disturbing more than one acre, a certification statement, signed and dated by the preparer of the C-SWPPP or other person with a registration equivalent to that of the preparer of the C-SWPPP, that to the best of his or her knowledge and belief all work was conducted and completed in accordance with the approved OS-SWPPP and this CGP. This certification must be based on the inspections performed in accordance with Section 4-12.4.2, Inspections, and must state that any deficiencies that were noted have been corrected.
      7. A letter or other statement from the City that the site meets the City requirements for project completion.
    • Effective on: 1/1/1901

      Sec. 4-12.8.3 Where to Submit
      All original NOTs must be submitted to   SCDHEC at:

       

      SCDHEC - Stormwater Permitting Section

       

       

      2600 Bull Street

      Columbia, SC 29201-1708

      Effective on: 1/15/2018

      Sec. 4-13.1.1 Purpose
      The City recognizes the necessity and benefit of maintaining public ownership of certain facilities and infrastructure in order to protect the health, safety, and welfare of its citizens.

      Effective on: 1/1/1901

      Sec. 4-13.1.2 Applicability
      This Article applies to all subdivision plats, including replats, where either this Unified Development Ordinance requires public access and/or utilities, or where the City has determined a need to require dedication of certain facilities and/or infrastructure.

      Effective on: 1/1/1901

      Sec. 4-13.2.1 Public Sites and Open Space Dedication
    • Official Map Ordinance and Subdivision Development. The subdivider/developer is required to make land available for the development of all types of public services that will be required to serve future residents and/or businesses within the proposed subdivision. A site for public facility may also serve an area larger than the proposed subdivision. The subdivider/developer is not required to donate land to the City for public facilities; however, the subdivider/developer shall make land available as deemed appropriate by the Planning Commission and City Council. The official map may include, but is not limited to, future public streets, easements, rights-of-way, public utilities, public building site, parks, playgrounds, schools, and other open space areas.
    • Property Owners’ Association (POA). The public site may be owned and maintained by a property owners’ association (POA) for use by the general public rather than dedicating it to the City. The homeowner's association declaration shall be submitted with proposed legal covenants to the Planning Commission for review prior to approval of the final plat.
    • Location. Such open spaces shall be located adjacent to areas in adjacent subdivisions, wherever possible, in order to provide for the maximum use of the area, and shall be shown on the sketch plan. The Planning Commission shall not approve a site which is undesirable for the proposed use.
    • Effective on: 1/1/1901

      Sec. 4-13.2.2 Natural Features and Historic Sites
    • The Planning Commission reserves the right to require the conservation of outstanding natural features, historical landmarks/sites/buildings, scenic spots, water bodies, and significant stands of trees.
    • Existing riparian buffers shall be maintained and where not pre-existing, riparian buffers shall be provided during development or redevelopment to protect water bodies, as set out in Division 4-12.5, Riparian Buffers.
    • Effective on: 1/1/1901

      Sec. 4-13.3.1 Compliance with the Thoroughfare Plan
    • Sketch Plans for Areas Involving Thoroughfares. All development for which a sketch plan is required, and where the Thoroughfare Plan reflects a future thoroughfare shall include the right-of-way on the sketch plan.
    • Final Plats for Areas Involving Thoroughfares.
      1. Rights-of-Way and Thoroughfares Required. All development for which a final plat is required, and where the Thoroughfare Plan reflects a future thoroughfare shall:
        1. Include the future rights-of-way on the plat;
        2. Include verbiage on the plat that dedicates the rights-of-way to the public; and
        3. Provide for the installation of the pavement and associated required public improvements
      2. Future Thoroughfares on the Boundary of a Development. Where the Thoroughfare Plan reflects a thoroughfare that appears to form a boundary for a parcel that is to be subdivided, all of the following standards shall apply:
        1. For parcels that appear to be bound by a future expressway or freeway, only one-half of the public rights-of-way are required to be dedicated.
        2. For parcels that appear to be bound by a future arterial street, 100 percent of the rights-of-way shall be dedicated. If a shifting of the thoroughfare location to accommodate the dedication is not feasible due to engineering constraints, then the City may choose to participate in the accumulation of adjacent lands to complete the thoroughfare.
        3. For parcels that are bound by existing rights-of-way, but the rights-of-way do not meet the minimum standards as set out in Section 4-13.3.3, Street Standards, one-half of the additional rights-of-way of the difference between the existing and the required width shall be dedicated on the final plat.
    • Public Participation in Oversizing Thoroughfares. In certain developments where a thoroughfare that is reflected on the Thoroughfare Plan has been determined by the City to be clearly serving a larger population than the one that will create the demand for that thoroughfare, the City may elect to reimburse the developer for the portion of the thoroughfare cost. This participation is subject to all of the following provisions:
      1. Cost Differential. The subdivider/developer has submitted estimates prepared by a registered professional engineer, who has compared the difference in cost of the portion of the thoroughfare that will be used by the patrons or residents of the development, and those of the general public.
      2. Confirmation of Reasonable Estimates. The City has confirmed that the estimates are reasonable, and that the public cost is equal to the public benefit of the upgrade.
      3. Feasible Participation. The City has determined that the cost participation is feasible relative to other projected public expenditures within the budget years where reimbursement is expected.
      4. Reimbursement Agreement. An agreement has been signed by both the City and the subdivider/developer clearly listing the reimbursement totals with thresholds and/or timelines.
      5. Limitations. In no case will the City agree to extend thoroughfares through vacant, intervening properties unless:
        1. The property owner has signed an annexation agreement;
        2. The City has confirmed that it would be fiscally responsible to participate in the roadway extension; and
        3. The City has determined that both the area to be developed and the vacant area through which the thoroughfare will be extended are within a preferred growth area.
    • Private Improvements on a Thoroughfare Public Right-of-Way. No building, structure, or other private improvement shall be shown within future rights-of-way, except that the following may be permitted:
      1. Freeways and Expressways. If approved by SC DOT, landscaping and associated irrigation may be installed.
      2. Collector Streets. Pursuant to a right-of-way encroachment permit in compliance with City Code, Chapter 17, Article IV, landscaping, streetscaping, and area identification signage may be installed. Such improvements may be permitted on all collector streets, whether or not they are reflected on the Thoroughfare Plan.
    • Right-of-Way Location. The actual location of the thoroughfares shall be as determined as follows:
      1. Freeways and Expressways. As determined by SC DOT;
      2. Arterial Streets. In general alignment with the Thoroughfare Plan;
      3. Collector Streets, Nonresidential. In approximate alignment with the Thoroughfare Plan, as approved by the Director; and
      4. Collector Streets, Residential. In approximately alignment with the Thoroughfare Plan, but may be varied subject to the approval of the Director.
    • Right-of-Way and Pavement Width. Rights-of-way and pavements widths for thoroughfares that are reflected on the Thoroughfare Plan shall meet the requirements set out in Section 4-13.3.3, Street Standards.
    • Phasing of Development Relative to Thoroughfare Construction. Developments may be phased, subject to the following standards:
      1. Connection to Existing Street System. The first phase of a development shall connect directly to an existing street system.
      2. Connection to Previous Phases. Subsequent phases shall connect directly to an existing street system and all previous phases.
      3. Construction of all Thoroughfares in a Phase. All public streets that are reflected in each phase shall be installed either prior to or with the construction of that phase.
      4. Roadways Built to Standards. With the exception of temporary turnarounds, all parts of all streets within a phase shall meet the City’s engineering design standards as determined by the City Engineer.
      5. Notice to Residents of Phases. Where streets are built through a phase, and will continue into a subsequent phase, the subdivider/developer shall install a sign at the end of the stubbed street indicating that it will continue with a future phase of development.
    • Effective on: 1/1/1901

      Sec.4-13.3.2 Street Design Objectives
    • Generally. This Section contains the objectives and principles that are served by the standards of this Division. The application of standards of this Division shall be guided by these objectives.
    • Integration. New streets shall integrate into the existing street pattern so as to:
      1. Address the new development's circulation needs;
      2. Provide a pattern of streets that facilitates navigation within and through the City; and
      3. Where higher-order functional classifications are involved, facilitate City- and County-wide traffic movements.
    • Continuity. New development shall contribute to the interconnectivity of the local and regional street system.
    • Safety. New streets shall provide a safe and convenient layout and design.
    • Character. New streets and substantially improved existing streets shall correspond to and reinforce the community character of the district(s) in which they are constructed.
    • Natural Resources. New streets shall be located with appropriate regard for wetlands, water bodies, wooded areas, and other features that:
      1. Would enhance the attractiveness and enduring value of development; and
      2. Are locally or regionally significant for their ecological or natural resource value.
    • Circulation and Through Traffic. Streets within subdivisions shall be designed as a system of circulation routes, so that the use of minor streets by through traffic will be discouraged.
    • Street Plans. The location and width of all proposed streets shall be in conformity with the Thoroughfare Plan, as amended from time to time, and any other plans and maps of the City and the Planning Commission.
    • Half Streets. Half streets are prohibited. Whenever a street is planned adjacent to the proposed subdivision tract boundary, the entire street right-of-way shall be platted within the proposed subdivision.
    • Traffic Study. A traffic study may be required by the Director in order to ensure the project design promotes public safety and adequate traffic flow.
    • Effective on: 1/1/1901

      Sec. 4-13.3.3 Street Standards
    • Access.
      1. Minimum Number of Access Points. All newly constructed residential subdivisions shall have at least one main points of entrance/exit. Subdivisions with 30 or more lots, and multifamily developments with 50 or more dwelling units, shall have at least two points of entrance/exit to/from existing streets. If possible, these points of entrance/exit should be to different streets and shall be located as far apart as practical.
      2. Required Access. The street layout of a subdivision shall provide access to all building sites and parcels, provided however, that lots intended for single family development shall not take access to collector or arterial streets.
      3. Curb Cuts. Ingress and egress openings in concrete, asphalt, rock, or other street curbing provisions shall be regulated in accordance with the specifications by the SC DOT.
      4. Traffic Calming. Street alignments within subdivisions shall utilize horizontal curves, medians, street offsets, controlled intersections, and/or other methods that allow adequate access but discourage cut-through traffic and speeding.
    • Connectivity.
      1. Applicability and Timing. Street connections shall be shown and provided for at the time a sketch plan or final plat is submitted for approval to the City or at the time a site plan is submitted for a site that involves a thoroughfare reflected on the City or County Thoroughfare Plans if the site is otherwise exempt from subdividing or was subdivided prior to the date of the most recently adopted Thoroughfare Plan(s).
      2. Exemptions. Street connections are not required in the following instances:
        1. The site is already built;
        2. The site is being subdivided or re-subdivided for purposes other than to facilitate redevelopment;
        3. The construction of a street reflected on the Thoroughfare Plan would necessitate demolition of one or more buildings that are not part of a redevelopment proposal; and
        4. If only a portion of a site is built but other portions are vacant, the standards of this Section do not apply to the built portion of the site if the construction of a street or thoroughfare reflected on the Thoroughfare Plan would necessitate demolition of one or more buildings that are not part of a redevelopment proposal.
      3. Context. The arrangement, character, extent, width, grade, and location of all streets shall be considered in their relation to existing and planned streets, topographical conditions, public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.
      4. Continuation. Wherever streets have been dedicated or platted on the adjacent properties for extension into or through a proposed subdivision, then those streets shall be incorporated into the street layout of the proposed subdivision. Where topographical or other conditions make continuance or conformance to existing streets impractical, the pattern and alignment of streets shall conform to a plan for area development that is approved by the Planning Commission. Where possible, existing streets shall be extended and the same name continued.
      5. Access to Adjacent Properties. Street access shall be extended to adjoining property. Proposed streets shall be extended by dedication to the boundary of such property and in the case of adjacent undeveloped property, a temporary turnaround with a minimum paved radius of 25 feet shall be provided. No street arrangement shall be approved that prevents future access to adjoining undeveloped property.
      6. Alignment and Width. New streets shall align with and connect to existing stub-outs and approved streets (e.g., stub-outs on the parcel proposed for development must be provided to meet streets shown on approved preliminary or final plats on abutting parcels) at equal or greater right-of-way width and comparable pavement width, unless:
        1. Such design would be impractical or would create incompatibility, after traffic calming and diversion techniques have been considered; or
        2. The functional classification of the street changes as it crosses the boundary of the parcel proposed for development.
      7. Pedestrian Connectivity. All newly constructed residential subdivisions shall be connected, or make provision for future connection, to directly adjacent subdivisions (if any) by a pedestrian path .
    • Street Classification and Pavement Widths.
      1. Rights-of-Way. Generally, widths of rights-of-way shall conform to the widths specified in Table 4-13.3.3, Right-of-Way and Pavement Widths. However, where the adopted Thoroughfare Plan provides a different width of right-of-way for a particular street, the Thoroughfare Plan shall control.
    • Table 4-13.3.3
      Right-of-Way and Pavement Widths
      ClassificationMinimum Right-of-Way Width (feet)Minimum Pavement Width
      Arterial Streets
      Limited Access Highway - ExpresswaySC DOT Specifications
      Expressway
      Arterial Streets (Residential & Commercial)66 feet for first 2 lanes plus 10 feet for each additional lane36 feet for first 2 lanes plus 12 feet for each additional lane
      Collector Streets
      Commercial Collector Streets66 feet for first 2 lanes plus 10 feet for each additional lane36 feet for first 2 lanes plus 12 feet for each additional lane
      Residential Collector Streets50 feet24 feet
      Local Streets
      Local Streets: Industrial/Commercial Areas66 feet36 feet
      Multi-family Area66 feet36 feet
      Single/Duplex Family Area50 feet24 feet
      Cul-de-Sac50 feet22 feet
      Marginal Access Street40 feet24 feet
      Alley120 feet12 feet
      TABLE NOTES:
      1See Section 4-13.3.7, Service Alleys.
        1. Design Details. Details regarding the width of pavement, number of travel lanes, sidewalks, medians or center turn lanes, bicycle lanes, parkways or planting strips, sidewalks, and other street elements are provided in the design manual, which may be promulgated (made known) by the City in the future.
        2. Warranted Adjustments. Upon the recommendation of the Director, the Planning Commission may require additional right-of-way to obtain vertical curve, grade, clear sight triangles, turn lanes, or medians to the extent necessary in accordance with local needs.
        3. Entire Right-of-Way. The entire right-of-way shall be provided where any part of a subdivision is on both sides of an existing street or the general alignment of a street on the Thoroughfare Plan.
        4. Inadequate Right-of-Way. Subdivisions or sites developed along existing streets with inadequate right-of-way shall provide additional right-of-way to meet the minimum specifications contained in this Section.
        5. Right-of-Way for Required Widening. When the subdivision abuts a major street, any land needed for widening the major street, including marginal streets and buffer strips, shall be dedicated to the City.
        6. Topographic Constraints. Subdivisions or sites with unusual topographic conditions shall provide greater street rights-of-way than required and/or provide slope easements for the sloping of banks or fill materials. A slope easement shall be from the toe (bottom) to the crown (top) of the slope. Building and parking setbacks shall be adjusted to reflect the increased easement width.
      1. Alternative Standards. The City may approve alternative right-of-way and pavement widths for streets in unique circumstances where the standard street cross-sections are less suitable for the intended purpose, as provided in this Division.
        1. Requirements for Approval. The  City Manager or a designee may approve alternative standards under the following conditions:
          1. The proposed new cross-section may reduce the costs of operations and maintenance;
          2. The safety of the traveling public is maintained or improved; and
          3. The quality of stormwater runoff is reduced or improved.
        2. Right-of-Way and Pavement Width.
          1. Alternative right-of-way widths may be approved after analysis of the following factors:
            1. Site features including topography, soils, geology, or drainage and flood patterns;
            2. A traffic study for an existing neighborhood and/or a proposed development; and
          2. The right-of-way width shall be sufficient to accommodate vehicular traffic, bicycles, pedestrians, transit (along existing and proposed transit routes), public utilities, on-street parking (as applicable), special storm drainage facilities, and other appropriate treatments, such as medians, traffic calming, or traffic channelization.
      2. Buffer between Subdivision and Major Streets. When a proposed subdivision abuts or contains an existing or proposed arterial or collector street, the Planning Commission shall ensure that the street layout provides an appropriate buffer zone in order to protect dwelling units, reduce the number of intersections with the street, and separate local and through traffic. Any one or a combination of the following techniques may be used:
        1. Marginal Access Street. A marginal access street running parallel with the arterial or collector street thereby supplying frontage to the lots facing the arterial or collector street may be used if it is separated from the arterial or collector street by a vehicular non-access easement of at least 20 feet containing a landscaped buffer strip. This easement shall be granted to the City. It shall not be used to meet setback requirements, but may be used to meet bufferyard requirements.
        2. Reverse Frontage Lots. Reverse frontage lots which back onto the arterial or collector street and face a local street in the subdivision may be used if they are separated from the arterial or collector street by a vehicular non-access easement of at least 20 feet containing a landscaped buffer strip. This easement shall be granted to the City. It shall not be used to meet setback requirements, but may be used to meet bufferyard requirements.
        3. Buffer Strips. Buffer strips with a minimum width of 20 feet are permitted between developments.

      Effective on: 1/15/2018

      Sec. 4-13.3.4 Performance Standards for Residential Streets
    • Floodplain Areas. In floodplain areas, narrower rights-of-way may be approved and drainage accomplished in a manner that provides for the minimum width, while adequately accommodating stormwater conveyance.
    • Traffic Calming. Straight, or nearly straight, sections of residential streets of a length greater than 500 feet shall be designed to include traffic calming devices.
    • Multi-Housing Neighborhoods. In planned developments, an efficient multimodal system shall be provided that includes streets, sidewalks, and trails throughout the development.
    • Effective on: 1/15/2018

      Sec. 4-13.3.5 Private Streets
    • A.
      Requirements for Planned Developments. Private streets are permitted as part of planned developments provided they meet the following requirements:
      1. 1.
        Private streets shall be laid out, designed, and constructed in the same manner as public streets;
      2. 2.
        Utility access and easement requirements apply to private streets similar to that for public streets.
      3. 3.
        The final plat shall be annotated with a notice that the streets are private and subject to a covenant for maintenance;
      4. 4.
        Street name signs shall indicate that the streets are private;
      5. 5.
        The private streets will not interfere with the implementation of the adopted Thoroughfare Plan, capital improvements plan or program, or plans for construction or expansion of state or federal highways; and
      6. 6.
        The private streets will not materially interfere with street connectivity in the City or create an unreasonable impact on an adjacent public street by curtailing opportunities for alternative travel routes.
    • B.
      Reserved Strips. Reserved strips adjacent to street rights-of-way shall be prohibited.
    • C.
      Covenants, Conditions, and Restrictions. Covenants, conditions, and restrictions (CCRs) shall be recorded for all planned developments with private streets with the approved final plat. The CCRs shall include the following, which shall be in a form acceptable to the City Attorney, and which shall be enforceable by the City:
      1. 1.
        A mandatory property owners' association with lien rights to collect dues from lot or unit owners;
      2. 2.
        A perpetual obligation of the property owners' association to maintain the private streets and drainage systems;
      3. 3.
        Ownership of the private streets by a single entity, such as a property owners' association, rather than under individual lot owners (or other owners);
      4. 4.
        A perpetual obligation to enforce restrictions against on-street parking, unless the street is designed and approved for on-street parking;
      5. 5.
        Cross-access easements for all lot owners;
      6. 6.
        Easements for access by:
        1. a.
          School buses;
        2. b.
          Emergency vehicles; and
        3. c.
          Garbage and trash collectors; and
      7. 7.
        Easements for public utilities.
    • D.
      Conversion to Public Streets.
      1. 1.
        Private streets shall not be converted to public streets unless:
        1. a.
          The rights-of-way comply with the dimensional standards of this UDC, as amended from time to time;
        2. b.
          The streets are hard-surfaced according to City standards for public streets; and
        3. c.
          The streets and associated drainage are in good repair.
      2. 2.
        If private streets do not comply with Subsection D.1., above, then the City may allow conversion to public streets if:
        1. a.
          Fifty one percent of the property owners with frontage on the street consent in writing to the conversion; and
        2. b.
          Fifty one percent of the property owners with frontage on the street consent to a special assessment to cover the cost of improving the streets to the standards of Subsection D.1., above.
    • Effective on: 1/1/1901

      Sec. 4-13.3.6 Cul-De-Sacs and Looped Drives
    • Maximum Length. The maximum length of cul-de-sacs shall be 400 feet, and looped drives shall be 800 feet. Looped drives may exceed the maximum length allowed, up to 1,600 feet,  when fire truck turnarounds are provided The length of a cul-de-sac shall be measured from a point beginning at the intersection of the cul-de-sac centerline with the projection of the intersecting street's curb line, along the centerline of the cul-de-sac street, and directly through the cul-de-sac to its furthest point from the point of beginning. See Figure 4-13.3.6A, Measurement of Cul-de-Sac Length.
    • Figure 4-13.3.6A
      Measurement of Cul-de-Sac Length
      1. Driveway Connections. Driveways that connect to a cul-de-sac shall be separated at the curb cut by at least:
        1. Residential: 3' on one side and 40' (distance along curve) on the other side.
        2. Shared Residential: 30' on both sides.
        3. Nonresidential: 5' on one side and 40' (distance along curve) on the other side.
      2. Dead-End Streets. Temporary or permanent dead-end streets shall not exceed 400 feet in length as measured from the centerline of the perpendicular street to the terminus of the dead-end street.
      3. Temporary Turnarounds. Dead-end streets that are planned for extension to connect to future development shall terminate in a temporary turnaround with a 50 foot radius, which allows for emergency vehicles to turn around without backing (T and Y-shaped turnarounds are not allowed). The turnaround shall have a paved surface and a base that meets the requirements for a public street. A gravel surface may be allowed if the temporary turnaround will be in use for less than 12 months and security is provided to pave the turnaround if the anticipated connection is not made within 12 months.
      4. On-Street Parking. On-street parking is not allowed in a cul-de-sac, which shall be marked with "No Parking" signs.
      5. Design.
        1. Landscaped islands of at least 26 feet in diameter are required in the center of round or bulb shaped cul-de-sacs. Landscaped islands shall be maintained by a property owners’ association.
        2. The minimum pavement width shall be 20 feet in the cul-de-sac turnaround, with a minimum width of 22 feet for the straight portion of the streets.
      6. Pedestrian Access.
        1. On residential cul-de-sacs, pedestrian access shall be provided from the cul-de-sac end to existing and proposed sidewalks and/or trails that are located (or planned to be located) within two tiers of lots from the cul-de-sac. See Figure 4-13.3.6B, Cul-de-Sac Pedestrian Connections. Unless accepted into the City's sidewalk and trail system by the City Council, these facilities shall be maintained by a property owners' association.
        2. Where the applicant does not control all of the property between the cul-de-sac and the street or trail that is necessary to create the connection, the access through the development shall be dedicated in anticipation of connecting the access at a later date when the adjacent property is developed or redeveloped.
      Figure 4-13.3.6B
      Cul-de-Sac Pedestrian Connections

      Effective on: 1/15/2018

      Sec. 4-13.3.7 Service Alleys
    • When Permitted. Service alleys may be permitted in residential, commercial, or industrial developments at the discretion of the Planning Commission and as recommended by the  City Manager or a designee.
    • Requirements. Where allowed, the following requirements apply:
      1. Service alleys shall be located to the rear or side property boundary, but may not be located in a required bufferyard.
      2. The minimum paved surface and right-of-way widths shall be as set out in Table 4-13.3.3, Right-of-Way and Pavement Widths.
      3. All service alleys shall be open at both ends or shall be provided with a standard vehicle turnaround (cul-de-sac) as set out in Section 4-13.3.6, Cul-De-Sacs and Looped Drives, Subsection F., Design.
      4. Service alleys may not be used to meet the street access requirements outlined in Section 4-13.3.3, Street Standards.
      5. Alleys may not provide any access to property outside of the parcel proposed for development in which the alleys are dedicated.
    • . Design.  
      1. Service alleys shall be laid out, designed, and constructed in the same manner as public streets.
      2. Minimum Right-of-Way Width: 20' for residential; 30' for nonresidential.
      3. Minimum Pavement Width:  12' for residential; 14' for nonresidential.
    • Alley Length. Alleys shall be the same length as the blocks that provide frontage to the lots that the alleys serve, with minor variation permitted to account for curvature of intersecting streets.
    • Alley Intersections and Curves.
      1. Alleys should intersect streets at right angles. The intersection of a street and an alley should be constructed as a standard approach.
      2. A minimum curb radius of 30 feet to the inside edge of the alley paving shall be provided at intersections between alleys; the additional area shall be platted as part of the alley.
    • Alley Turnouts. Alley turnouts shall meet the following minimum standards:
      1. Minimum width of pavement at intersection: 18 feet
      2. Turnouts shall be paved to the property line.
      3. No gate, building, or garage opening shall be located closer than 20 feet to an alley turnout, measured from the closest edges of pavement along the alley and along the intersecting street right-of-way.
    • Ownership and Maintenance of Service Alleys. Alleys shall be owned and maintained by a property owners' association. Covenants, conditions, and restrictions (CCRs) shall be recorded with the approved final plat for all subdivisions that include alleys. The CCRs shall include the following, which shall be in a form acceptable to the City Attorney, and which shall be enforceable by the City:
      1. A mandatory property owners' association with lien rights to collect dues from lot or unit owners;
      2. A perpetual obligation of the property owners' association to maintain the private streets and drainage systems;
      3. Ownership of the alleys by a single entity, such as a Property Owners' Association, rather than under individual lot owners (or other owners);
      4. Cross-access easements for all lot owners;
      5. Easements for access by:
        1. Emergency vehicles; and
        2. Garbage and trash collectors (if designed for garbage and trash collection); and
      6. Easements for public utilities.
    • Exceptions. Exceptions to the requirements of this Section and for curbs and gutters may be allowed for service alleys where required by site conditions and where approved by the Director.
    • Effective on: 1/15/2018

      Sec. 4-13.3.8 Street Intersections
    • Number of Streets. Not more than two streets shall intersect at any one point.
    • Angle of Intersection. All street intersections shall be at right angles. However, where natural resources or other site conditions justify variations from right angles, intersections between 85 degrees and 110 degrees are allowed, provided that the intersection is as close to 90 degrees as feasible. No street shall intersect at less than 85 degrees.
    • Spacing.
      1. Intersections of arterial streets shall have a minimum separation of 800 feet measured from the nearest point of each intersection.
      2. Streets that intersect on opposite sides of a street shall either be directly across from each other or offset by at least 125 feet from centerline to centerline. See Figure 4-13.3.8, Spacing of Intersections.
    • Figure 4-13.3.8
      Spacing of Intersections
      1. Sight Clearance. Adequate sight clearance shall be maintained at all intersections, as set out in Division 4-11.3, Sight Clearance.
      2. Distance from Railroad. Street intersections shall be located a minimum of 150 feet from the right-of-way of any railroad, measured from the center point of the intersection to the railroad right-of-way line nearest the intersection.
      3. Curb Radii. Street curb intersections shall be rounded by a tangential arc with a minimum radius as set out in Table 4-13.3.8, Street Curb Radii:
      Table 4-13.3.8
      Street Curb Radii
      Intersection Involving Minimum Radius (feet)
      Arterial Streets 35 feet
      Collector Streets 25 feet
      Local Streets 20 feet

      Effective on: 1/1/1901

      Sec. 4-13.3.9 Curves and Grades
    • Generally. The minimum requirements for the curves and grades of streets shall be as set out in Table 4-13.3.9, Minimum Radii for Street Alignment.
    • Table 4-13.3.9
      Minimum Radii for Street Alignment
      Street Classification Street Alignment Reverse Street Curves Vertical Curves Maximum Street Grade Minimum Sight Distance
      Minimum Radii Tangent Length Crest Sag Percent Lineal Feet
      Arterial Streets 500’ As required by SC DOT 30’ 35’ 4% 275’ for two lanes,, plus 100’ for each additional lane not to exceed 500’
      Collector Streets 300’ 100’ 20’ 25’ 8%
      Local Streets and Cul-de-sacs 150’ 200’ 10’ 15’ 10% 100 feet
      1. Requirements.
        1. Where a horizontal street alignment deflects at an angle greater than 10 degrees, a curve with the minimum radii shall be provided as set out in Table 4-13.3.9, Minimum Radii for Street Alignment, above.
        2. Reverse curves in streets shall be connected by tangents not less than those set out in Table 4-13.3.9, Minimum Radii for Street Alignment, above.
        3. The minimum length of any vertical curve connecting two different street grades shall be equivalent in feet to the following factor times the algebraic difference in the rates of grade change on the two slopes involved, as set out in Table 4-13.3.9, Minimum Radii for Street Alignment, above.
        4. The longitudinal grade on any proposed street shall be subject to the approval of the Director. However, the minimum grade on any proposed street shall not be less than 0.5% and the maximum street grade shall be as set out in Table 4-13.3.9, Minimum Radii for Street Alignment, above.
        5. Where horizontal curves are used, the minimum lineal sight distance shall be as set out in Table 4-13.3.9, Minimum Radii for Street Alignment, above.

      Effective on: 1/1/1901

      Sec. 4-13.3.10 Construction Specifications
    • Street Standards. At a minimum, all streets, shoulders, and side slopes within the City shall be constructed in accordance with the latest edition of South Carolina Department of Transportation's Standard Specifications.
      1. Minimum Standards for All Streets. At a minimum, all streets shall be constructed with six inches of stabilized aggregate base course and two inches of Type 1 asphalt cement pavement.
      2. Commercial Collector Streets and Streets with Higher Classifications. At a minimum, all commercial collector streets and streets with higher classifications shall be constructed with eight inches of stabilized aggregate base course, two inches of Type 1 binder course, and 1.5 inches of Type 1 asphalt cement pavement.
      3. Higher Standards in Certain Circumstances. The City Engineer may require higher standards than those required above or those in the South Carolina Department of Transportation’s Standard Specifications in order to provide adequately for unusual soil conditions, extraordinary traffic volumes, unusual drainage problems, or other abnormal conditions.
    • Erosion Control. All shoulders and side slopes shall be protected from erosion by either sodding or seeding as set out in the South Carolina Department of Transportation's Standard Specifications. Plans for erosion control shall be a part of the required improvement plans to be submitted by the subdivider/developer to the Director for final approval.
    • Repaving. At the time of street acceptance by the City, the subdivider/developer shall sign a contract for guarantee of re-paving.
      1. The contract shall legally bind the developer to repave any street which fails to withstand the traffic of heavy construction vehicles during the construction of houses within the subdivision.
      2. Unless the City Engineer determines that the street pavement has failed and officially notifies the subdivider/developer, the contract shall automatically be fulfilled and terminated when 90 percent of all houses are completed or four years after street acceptance, whichever occurs first.
    • Effective on: 1/1/1901

      Sec. 4-13.3.11 Curbs and Gutters
      When used, curbs and gutters shall be installed along both sides of all streets. They shall be designed and constructed in accordance with the South Carolina Department of Transportation’s Standard Specifications, and shall be of the types listed in Table 4-13.3.11, Curbs and Gutters.

      Table 4-13.3.11
      Curbs and Gutters
      Classification Type
      Arterial Streets Barrier Curb & Gutter
      Collector Streets Mountable Curb & Gutter
      Local Streets, Cul-de-sacs, Marginal Access, and Alleys
      TABLE NOTES: See Section 4-13.3.7, Service Alleys for exceptions as to the requirements for services alleys.
      1. Transitions. The transition from one curb type to another curb type shall be made only at a street intersection. Adequate provisions shall be made for driveway entrances.
      2. Where Not Required. In developments where open drainage systems, such as roadside ditches and/or bioswales are adequately designed and installed to treat stormwater runoff, curbs and gutters are not required.

      Effective on: 1/1/1901

      Sec. 4-13.3.12 Sidewalks
      Generally. Sidewalks shall be installed for all subdivisions that involve the construction of new streets.

      1. Standards and Requirements. Sidewalks shall be installed in the locations and of the minimum widths set out in Table 4-13.3.12, Sidewalk Standards, and shall be constructed in accordance with the criteria of the South Carolina Department of Transportation’s Standard Specifications.
      2. Exceptions. If physical condition(s) exist, or alternate means of pedestrian access and movement are provided, which render sidewalks impractical or unnecessary, an exception may be specifically granted by the Planning Commission upon recommendation of the Director. Where deemed necessary and specified in the meeting minutes the reason(s) for any exception/change to the sidewalk requirement by the Planning Commission, additional or wider sidewalks than those listed in this Section may be required.
      Table 4-13.3.12
      Sidewalk Standards
      Street ClassificationSidewalk Width & Location
      Expressways / Arterial Streets / Commercial Collectors5’ on both sides
      Residential Collector Streets4’ on one side
      Minor Streets Along Commercial Frontage4’ on both sides
      Minor Streets Along School Frontage4’ on both sides
      Minor Streets Along Duplex Residential Frontage4’ on one side
      Minor Streets Along Multi-family Residential Frontage4’ on both sides
      Minor Streets Along Single-family Residential Frontage4’ on one side
      1. Location of Sidewalks.
        1. Where sidewalks are required on only one side of a street, and the development is located on each side of the street, the single sidewalk shall be located on the northern and/or western sides of the street. If it is determined that locating the sidewalk on the northern or western sides present connectivity issues with adjacent sidewalks, then the sidewalk shall be placed on the side of the street that provides the greatest degree of continuity and connectivity.
        2. Where sidewalks are required on only one side of the street, and the development is located on only one side of the street, the sidewalk shall be located on the same side as the development, regardless of whether it is the northern or western side of the street.
        3. If a development encompasses an entire block, or if the development encompasses a portion of a block that is entirely owned by the subdivider/developer, then sidewalks shall be provided on all block frontage.
        4. Sidewalks shall be provided between the right-of-way line and the edge of pavement. Generally, the outer edge of the sidewalk shall be not less than two feet from the property line. This is to prevent interference with or encroachment by fences, walls, hedges, or other planting or structures placed on the property line.
        5. Sidewalks may meander into the parkway to protect the root systems of mature trees, provided that no sidewalk is located closer than three feet to the back of curb (or edge of pavement if no curb is present). This arrangement shall not reduce the right-of-way width requirement.
        6. Planting strips with a minimum width of three feet shall be located between the sidewalk and the back of the curb.
        7. All utilities such as poles, fire hydrants, etc. shall be located outside the required pavement width.
      2. Required Improvement on Existing Properties. Developments and redevelopments that do not already meet the sidewalk requirements provided in this Section must comply if, and when, sidewalks are provided on a newly developed property that is immediately adjacent to the existing development.
      3. Modification or Waiver of Sidewalk Requirements. Sidewalk requirements may be altered or waived if a sidewalk and/or trail plan that provides equal or greater pedestrian access and circulation is submitted to and approved by the Planning Commission at the time of platting. The sidewalk requirements may be waived if the following conditions are met:
        1. The parcel proposed for development is located in District RE, Estate Residential;
        2. Better pedestrian access and connectivity is provided through the use of off-street trails or multi-use pathways that connect to sidewalks or other off-street trails on the perimeter of the parcel proposed for development; and
        3. Lot frontages are greater than 150 feet.
      4. Timing. The subdivider/developer shall construct, or cause to be constructed, all required sidewalks as shown on the approved plans.
        1. If the required sidewalks are not completed at the time of final plat approval, the subdivider/developer must provide financial guarantees to ensure completion of the sidewalks as outlined in . Division 4-14.4.
        2. For any new development or re-development, all required sidewalks shall be completed within two years of the final plat recording.
      5. Materials. Sidewalk pavement materials shall be one of the following:
        1. Concrete, reinforced to meet the standards as determined by the Director; or
        2. Permeable materials, if approved by the Director. Materials to be considered include, but are not limited to:
          1. Pervious concrete;
          2. Porous asphalt;
          3. Aggregate without binder (including gravel, rock chips, and decomposed granite);
          4. Interlocking concrete pavers;
          5. Resin-bound paving; and
          6. Recycled glass porous pavement.

      Effective on: 1/15/2018

      Sec. 4-13.3.13 Pedestrian Paths
      Pedestrian paths may be used in lieu of sidewalks as set out in Section 4-13.3.12, Sidewalks. Where provided, pedestrian paths must meet the following minimum specifications/requirements:

      1. Surface. The walking surface must be at least six feet wide and must be constructed of asphalt, concrete, hard-packed edge delineated gravel, or an approved alternate material as set out in Section 4-13.3.12, Sidewalks, Subsection H., Materials.
      2. Buffering.
        1. Where the path is behind or between lots, there must be a minimum of seven feet of vegetated buffering on each side of the path, measured perpendicularly from the edge of the path.
        2. Where the path runs adjacent to and parallel to a street, there must be at least four feet of vegetated buffering space between the edge of the path and the hard surface of the street.
      3. Public Dedication. Completed pedestrian paths must be transferred to and accepted by the City for maintenance and ownership.

      Effective on: 1/1/1901

      Sec. 4-13.3.14 Nonelectrical Traffic Control Signs and Devices
      Permanent traffic control signs and devices, including street name signs, shall be provided and installed by the subdivider/developer. Such signs and devices shall conform to City specifications and the South Carolina Manual on Uniform Traffic Control Devices for Streets and Highways.

      Effective on: 1/1/1901

      Sec. 4-13.3.15 Signs, Mailboxes, Driveways within the Public Right-of-Way
      For the purposes of this Section, right-of-way includes any easement right-of-way, right of ingress/egress, or other property interest owned by the City.

      1. Signs.
        1. Privately-owned brick, masonry, or concrete subdivision entrance signs may be constructed on a City-owned public right-of-way provided they comply with the provisions set out in Division 4-11.3, Sight Clearance.
        2. The number of subdivision signs, as well as their dimensions and locations shall conform to the requirements of Part 5, Signs.
        3. Residential subdivision signs shall be limited to the name of the subdivision.
        4. Commercial subdivision signs are limited to the name and owner of the subdivision and may have either a subdivision sign or a business advertisement sign, but not both.
        5. Sign locations and their design(s) must be shown on the sketch plan and must be approved by the Planning Commission.
      2. Mailboxes.
        1. The City reserves the right to remove, or require the removal of, privately-owned brick, masonry, or concrete mailboxes, newspaper boxes, or fixtures that have been constructed within a city-owned public right-of-way.
        2. At the time of repair to, or replacement of, mailboxes located within the right-of-way, the City is required to re-establish only a serviceable mailbox in accordance with United States Postal Service guidelines.
      3. Driveways.
        1. The City reserves the right to remove, or require the removal of, driveways for purposes of public right-of-way maintenance or for utility installation and/or maintenance.
        2. At the time of repair to, or replacement of, driveways located within the public right-of-way, the City is required to re-establish only a hard surface driveway (i.e., concrete for concrete, asphalt for asphalt, or hard-packed gravel for hard packed gravel).
        3. Decorative driveways will not be replaced with like material unless specifically approved as a part of the City's encroachment permit process.

      Effective on: 1/1/1901

      Sec. 4-13.4.1 Applicability
      During the initial and final stages of a proposed new development or redevelopment, including submittal of a sketch plan, the applicant shall indicate intended compliance with the standards of this Division.

      Effective on: 1/15/2018

      Sec. 4-13.4.2 Utility Connectivity
    • Sketch Plans for Utility Master Plan Areas. All development for which a sketch plan is required shall indicate the general location of a water, wastewater, and/or drainage trunk line or associated facility in compliance with the applicable water, wastewater, and/or drainage master plan.
    • Final Plats for Utility Master Plan Areas.
      1. Easements, Utility Lines, and Facilities Required. All development for which a final plat is required shall:
        1. Include easements on the plat;
        2. Include verbiage on the plat that dedicates the easement lines and facilities to the public; and
        3. Provide for the installation of the public improvements of the size and general location reflected in the corresponding master plan.
      2. Future Utility Lines and Facilities on the Boundary of a Development. Where an applicable master plan reflects a trunk line or facility that appears to form a boundary for a parcel that is to be subdivided or re-subdivided, the line or facility shall be included in the development in its entirety.
      3. Private Improvements in an Easement. No building, structure, or other private improvement shall be shown within the easement to be dedicated, except that landscaping and buffering may be permitted if the Director has determined that the infrastructure will not be caused increased maintenance due to its intrusion into the easement.
    • Utility Lines to and through Properties.
      1. Full Extension. All utility lines that comply with applicable master plans shall be extended to adjoining property.
      2. Extension to Boundaries. Proposed utility lines shall be extended by dedication to the boundaries of the subject property.
      3. Access to Adjoining Properties. No utility arrangement shall be approved that prevents future access to adjoining, undeveloped property.
    • Phasing of Development Relative to Utility Construction. Developments may be phased, subject to the following standards:
      1. Connection to Utility System. The first phase of a development shall connect directly to an existing utility system.
      2. Connection to Previous Phases. Subsequent phases shall connect directly to an existing utility system and to all previous phases.
      3. Construction of all Utilities in a Phase. All public utilities that are reflected in each phase shall be installed with the construction of that phase. If the operation of the utility is dependent on an off-site connection or facility, the off-site improvements shall be installed either prior to or with the construction of the phase.
    • Effective on: 1/1/1901

      Sec. 4-13.4.3 3 Public Water and Wastewater Required
    • Connection to Public Water and Sewer Systems. All subdivisions shall be served by the City’s water and sewer systems whenever they are available, in accordance with South Carolina Department of Health and Environmental Control's (DHEC) viability demonstration requirements for new water systems, as well as the City's franchise agreement. The subdivision development plan shall be accompanied by satisfactory plans for water and sewer construction, in accordance with Article II, Sewers and Sewage Disposal and Article III, Water Supply of Chapter 12, Municipal Utilities of the City’s Code of Ordinances. The plans for construction shall be prepared by a registered professional engineer and approved in writing by the Director of Utilities. The standard specifications for water and sewer shall be maintained in the Engineering Division office.
    • Privately-Owned Community Systems. A privately-owned community water and/or sewer system may be used only if services are not or will not be available from the City’s system within a reasonable period of time. Proposed plans of the system shall be prepared by a registered professional engineer and subsequently reviewed by the Director of Utilities to evaluate future compatibility with the public system. Approved plans shall then be submitted to and approved in writing by the South Carolina Department of Health and Environmental Control (DHEC) and the Public Service Commission prior to Planning Commission approval of the site specific development plan.
    • Individual Wells and Septic Systems. In those portions of its service area where the  Engineering Division of the City of Florence has determined that it is not feasible to provide water and/or sewer service to subdivisions, individual wells and/or septic tanks may be permitted. The  Engineering Division shall indicate, in writing, to the Planning Commission when such a situation exists. Written approval from the South Carolina Department of Health and Environmental Control (DHEC) for all individual wells and septic systems is required.
    • Effective on: 1/15/2018

      Sec. 4-13.4.4 4 Easements
      All easements shall be designated on all subdivision and individual plats and dedicated to the appropriate governing authority at the same time as the other required improvements. It is the applicant's responsibility to correctly show any and all easements as set out below. .

      1. Drainage Easements.
        1. Where a proposed subdivision is traversed by a new or existing drainage facility, easements shall be provided to the City. All drainage easements must meet the specifications and requirements set out in Section 4-12.3.4, Drainage Easements.
        2. Lake, ponds, creek, swamps, boat ramps, and other similar areas will be accepted only if sufficient land is dedicated as a public site or open space.
        3. These areas must constitute a necessary part of the drainage control system, which must be approved by the City prior to approval of the plat by the Planning Commission.
      2. Utility Easements.
        1. When it is deemed necessary to locate public and/or private utility lines outside of the street right-of-way, adequate areas of suitable size and location shall be allocated for utility easements.
        2. Easements shall be a minimum width of 20 feet and shall be located along rear and side lot lines. Easements shall be cleared and graded to provide vehicular access.
        3. No structures or trees shall be placed within these easements. Fences may be placed with an easement, provided that the City or private utility company is not liable to pay the cost of replacing fences that are removed in order to maintain utility lines.
        4. Easements shall be maintained by the property owner and may be used to satisfy the yard requirements of this Unified Development Ordinance.
      3. Maintenance of Easements.
        1. The covenant restrictions placed in the deed of a lot that contains an easement shall stipulate that the City or utility companies with lines in an easement shall have full right of access to any and all easements.
        2. The City shall maintain only those easements specifically accepted for public maintenance.

      Effective on: 1/15/2018

      Sec. 4-13.4.5 5 Street Lights
      Street lights are required in all subdivisions. The placement of such lights shall meet the specifications of Section 4-13.4.,6 Underground Wiring.

      Effective on: 1/15/2018

      Sec. 4-13.4.6 6 Underground Wiring
    • Undergrounding Required. All wiring including electric, telephone, telegraph, cablevision, and all other such lines carrying electrical current shall be placed underground in residential and commercial subdivisions. The street light layout shall be designed to avoid subsequent interference with other utilities and/or street paving. The Planning Commission may approve above ground wiring in an industrial park or for some unusual commercial or industrial situation.
    • Plans.
      1. The subdivider/developer shall submit a plan to the City indicating the proposed locations of all wiring, together with any design, drawings, and specifications as may be required by the  Engineering Division of the City of Florence.
      2. The subdivider/developer shall submit the proposed subdivision plan to the electric utility, for the purpose of determining street light location. The electric utility and the City shall be responsible for final determination of the numbers, types, placements, and locations of all street lights within the subdivision.
      3. Final construction plans shall be submitted to the City showing the locations of all underground wiring as constructed, with permanent reference points shown, as a condition of acceptance by the City.
    • Effective on: 1/15/2018

      Sec. 4-13.5.1 Approach Zones
      Approach zones include all land which lies directly under an imaginary approach surface longitudinally centered on the extended centerline at each end of a runway. The inner edge of an approach surface is at the same width and elevation as, and coincides with, the end of the primary surface, unless otherwise specified. The dimensions of an approach zone shall be determined on the basis of the following:

      1. Approach Zone Determination for Visual Approach Utility Runway. The approach zone shall expand outward from the primary surface uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface.
      2. Approach Zone Determination for Non-Precision Instrument Utility Runway. The inner edge of the zone shall have an established width of 500 feet and shall expand outward from the primary surface a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface.
      3. Approach Zone Determination for Runway Instrument Utility Visual Approach Runway. The approach zone shall extend outward from the primary surface uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface.
      4. Approach Zone Determination for Runway Larger Than a Utility Runway with a Visibility Minimum Greater Than ¾ Mile Non-Precision Instrument Approach. The approach zone shall expand outward from the primary surface uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface.
      5. Approach Zone Determination for Runway Larger Than a Utility Runway with a Visibility Minimum as Low as 3/4 Mile Non-Precision Instrument Approach. The inner edge of the zone shall have an established width of 1,000 feet, and shall expand outward from the primary surface uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface.
      6. Approach Zone Determination for Precision Instrument Runway. The inner edge of the zone shall have an established width of 1,000 feet and shall expand outward from the primary surface uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface.
      7. Approach Zone Determination for Heliport. The approach zone shall expand outward from the primary surface uniformly to a width of 500 feet at a horizontal distance of 4,000 feet from the primary surface.

      Effective on: 1/1/1901

      Sec. 4-13.5.2 Transitional Zones
      Transitional zones are the areas beneath the transitional surfaces. The dimensions of a transitional zone shall be determined on the basis of the following:

      1. Transitional Zone Determination for Airports. Refer to Section 4-13.5.6, Height Restrictions.
      2. Transitional Zone Determination for Heliports. These zones extend outward from the sides of the primary surface and the heliport approach zone a horizontal distance of 250 feet from the primary surface centerline and the heliport approach zone centerline.

      Effective on: 1/1/1901

      Sec. 4-13.5.3 Horizontal Zones
      The horizontal zone is established by swinging arcs of 5,000 feet radii for utility and visual runways and 10,000 feet radii for all other runways, from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach or the transitional zones.

      Effective on: 1/1/1901

      Sec. 4-13.5.4 Conical Zones
      The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward a horizontal distance of 4,000 feet. The boundaries of such zones shall be clearly drawn on county tax maps, showing all properties to be included in the Airport Compatibility District and applicable zone designations.

      Effective on: 1/1/1901

      Sec. 4-13.5.5 Permitted and Prohibited Uses
      The ACO District is an "overlay" zone. As such, permitted uses are determined by those permitted, conditional, and permitted special exception uses of the underlying district, as set out in Division 1-2.7, Land Uses. However, these regulations are intended to temper and modify the use and development standards of the underlying district to the extent necessary to achieve the stated purpose of this district. To that end, the land use district regulations set out in Division 1-2.7, Land Uses are hereby amended to prohibit the following:

      1. In All Airport Zones. Any use which would:
        1. Create electrical interference with navigational signals or radio communication between the airport and aircraft;
        2. Diminish the ability of pilots to distinguish between airport lights and other lights;
        3. Result in glare in the eyes of pilots using the airport;
        4. Impair visibility in the vicinity of the airport;
        5. Create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
      2. In Primary Approach and Transitional Zones Only.
        1. Single-family residential dwellings, including mobile or manufactured dwellings in excess of two units per acre;
        2. Multi-family dwellings, cluster housing projects, mobile home parks, and group housing;
        3. Transient lodging, motels and hotels;
        4. Hospitals, sanatoriums, and nursing homes;
        5. Schools and day care centers; and
        6. Churches, theaters, auditoriums, and similar places of assembly.

      Effective on: 1/1/1901

      Sec. 4-13.5.6 Height Restrictions
      Except as otherwise provided in this Unified Development Ordinance, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this Unified Development Ordinance to a height in excess of the applicable height limits herein established for such zone, as follows:

      1. Approach Zones. Height limitations for approach zones shall be determined for the various runways by calculating a slope ratio (measured in feet outward and upward) from the end of and at the same elevation as the primary surface extending along the extended runway centerline to a prescribed horizontal distance, as set out in Table 4-13.5.6, Approach Zone Height Limitations.
      Table 4-13.5.6
      Approach Zone Height Limitations
      Runway Type Horizontal Distance Slope Ratio
      Utility visual runway 5,000’ 20:1
      Utility non-precision instrument approach runway
      Runway larger than utility with visual approach
      Runway larger than utility with visual minimum greater than ¾ mile, non-precision instrument approach 10,000’ 34:1
      Runway larger than utility with visual minimum as low as 3.4 mile, non-precision instrument approach
      Precision instrument approach runway 50:1
      Plus additional 40,000’ 40:1
      Table 4-13.5.6
      Approach Zone Height Limitations
      Runway Type Horizontal Distance Slope Ratio
      Utility visual runway 5,000’ 20:1
      Utility non-precision instrument approach runway
      Runway larger than utility with visual approach
      Runway larger than utility with visual minimum greater than ¾ mile, non-precision instrument approach 10,000’ 34:1
      Runway larger than utility with visual minimum as low as 3.4 mile, non-precision instrument approach
      Precision instrument approach runway 50:1
      Plus additional 40,000’ 40:1
      Table 4-13.5.6
      Approach Zone Height Limitations
      Runway Type Horizontal Distance Slope Ratio
      Utility visual runway 5,000’ 20:1
      Utility non-precision instrument approach runway
      Runway larger than utility with visual approach
      Runway larger than utility with visual minimum greater than ¾ mile, non-precision instrument approach 10,000’ 34:1
      Runway larger than utility with visual minimum as low as 3.4 mile, non-precision instrument approach
      Precision instrument approach runway 50:1
      Plus additional 40,000’ 40:1
      Table 4-13.5.6
      Approach Zone Height Limitations
      Runway Type Horizontal Distance Slope Ratio
      Utility visual runway 5,000’ 20:1
      Utility non-precision instrument approach runway
      Runway larger than utility with visual approach
      Runway larger than utility with visual minimum greater than ¾ mile, non-precision instrument approach 10,000’ 34:1
      Runway larger than utility with visual minimum as low as 3.4 mile, non-precision instrument approach
      Precision instrument approach runway 50:1
      Plus additional 40,000’ 40:1
      1. Airport Transitional Zone. Height limits for an airport transitional zone shall be determined by measuring outward and upward at a 7:1 slope from the sides of and at the same elevation as the Approach Surface, and extending to the point of intersection with a horizontal surface or conical surface.
      2. Heliport Transitional Zone. Height limits for a heliport transitional zone shall be determined by measuring outward and upward at a 2:1 slope from the sides of and at the same elevation as the approach surface and extending a distance of 250 feet measured horizontally from and at 90 degree angles to the heliport approach zone centerline.
      3. Horizontal Zone. Height limits in the horizontal zone are established at 150 feet above airport elevation.
      4. Conical Zone. Height limits in the conical zone are established by measuring from the periphery of the horizontal zone and at 150 feet above elevation outward and upward at a 20:1 slope to a height of 350 feet above airport elevation.

      Effective on: 1/1/1901

      Sec. 4-13.5.7 Noise Restrictions
      Noise restrictions shall apply within the Approach Zone of a Precision Instrument Runway only. Private airports and all runways designed for other than precision instrument landings shall be exempt from the provisions of this Section.

      Where permitted within the Approach Zone of the ACO District, residential dwellings and portions of buildings where the public will be received shall be structurally designed and constructed to achieve an outdoor to indoor Peak Noise Level Reduction (NLR) of at least 30 db (decibels). All other permitted uses and structures shall be exempt from this Section.

      Normal construction can be expected to provide an NLR of 20 db, thus the actual required reduction is only 10 db. Lowering the NLR shall be achieved through incorporation into the design and construction of all proposed uses, sound insulation materials and methods for improving acoustic insulation performance.

      A description of such methods and materials shall accompany all building applications for uses affected by this Section, and shall be subject to approval by the Building Official prior to the issuance of a building permit.

      Effective on: 1/1/1901

      Sec. 4-13.5.8 Lighting Restrictions
      No permitted use, subdivision, or project in the ACO District shall have outdoor lighting or illumination arranged and/or operated in such a manner as to be misleading or pose a danger to aircraft operations.

      Effective on: 1/1/1901

      Sec. 4-13.5.9 Regulations Applicable to Existing Structures in the ACO District
      The owner of any existing structure or vegetation that is currently penetrating any referenced surface within the established ACO District shall permit the installation, operation, and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration (FAA), or the South Carolina Aeronautics Commission to indicate to the operators of aircraft in the vicinity of the airport the presence of an airport obstruction. These markers and lights shall be installed, operated, and maintained at the expense of the airport operator.

      However, the regulations prescribed in this Section shall not be construed to require the removal, lowering, or other change or alteration of any existing structure or tree not conforming to the regulations of this Division as of the effective date of this Unified Development Ordinance, or otherwise interfere with the continuance of an existing use. Nothing contained herein shall require any change in the construction, alternation, or intended use of any structure, the construction or alternation of which was begun prior to the effective date of this Unified Development Ordinance, and is diligently prosecuted.

      Effective on: 1/1/1901

      Sec. 4-14.1.1 Authority
      These subdivision and land development regulations are adopted under the authority granted under the General Statutes of South Carolina, The South Carolina Local Government Comprehensive Planning Enabling Act of 1994, Sections 6-29-310 through 6-29-1200 and the requirements of said Acts supplement this Unified Development Ordinance.

      Effective on: 1/1/1901

      Sec. 4-14.1.2 Jurisdiction and Applicability
    • Jurisdiction. From the effective date of this Unified Development Ordinance, these regulations shall govern all land development projects and new subdivisions of land lying within the territorial jurisdiction of the City. At the time of redevelopment, existing developments, where required, must comply with certain provisions of this Unified Development Ordinance (e.g. sidewalk requirements, etc.).
    • Application. No plat or the subdivision of any land within the territorial jurisdiction of the City shall be filed with or recorded by the Florence County Clerk of Courts until such plat has been submitted to and approved by the Planning Commission in accordance with the procedures set for in this Unified Development Ordinance.
    • Effective on: 1/1/1901

      Sec. 4-14.1.3 Purposes
    • Generally. The purpose of this Article is to encourage the promotion, protection, and improvement of the overall public health, safety, economy, good order, appearance, convenience, and general welfare by providing for the orderly development of land within the territorial jurisdiction of the City. Additionally, this Article sets forth regulations for the substantive review of land development projects and new subdivisions of land. These regulations are to be considered in addition to the other applicable regulations of this Unified Development Ordinance.
    • Purposes. In furtherance of the general intent, the regulation of land subdivision is authorized for the following purposes, among others:
      1. Ensure that new development is consistent with the policies of the Florence Comprehensive Plan, 2010;
      2. Provide for the harmonious development of the City, for the coordination and alignment of streets within subdivisions, with other existing or planned streets, or with other features of the City;
      3. Establish procedures and standards governing the preparation, filing, and approval of land subdivision plats and data to be submitted to the Planning Commission for approval;
      4. Establish timely provision and minimum standards governing streets, utilities, and other required improvements.
      5. Provide for appropriate open space for resource protection, recreation, public facilities, light, and air;
      6. Promote best management practices with respect to stormwater management and the protection of surface water bodies.
      7. Ensure conformance of site specific development plans with the capital improvement program of the City;
      8. Provide for a distribution of population and traffic which create conditions favorable to health, safety, convenience, and prosperity;
      9. Assure the adequate provision of safe traffic access and circulation, both vehicular and pedestrian, in and through new land developments;
      10. Ensure that development is compatible with and properly integrated into existing and future neighborhoods;
      11. Ensure that subdivisions and subdivision improvements are designed to:
        1. Reduce potential impacts on street congestion by:
          1. Providing alternative travel routes;
          2. Promoting alternative modes of transportation;
          3. Shortening journey to work trips; or
          4. Lessening overall vehicle miles traveled;
        2. Promote the orderly layout and use of land;
        3. Secure safety from fire and other dangers;
        4. Mitigate the impacts and threats to life and property due to flooding;
        5. Facilitate adequate provision of transportation, potable water, sewer, schools, parks, playgrounds, and other public requirements;
        6. Protect residential neighborhoods from the hazard of high-speed through-traffic; and
        7. Protect groundwater and surface water resources from contamination.
      12. Assure the prospective purchaser of a subdivision lot that necessary streets, sewers, drainage, sidewalks, schools, and parks are available;
      13. Assure the provision or public open spaces and building sites in new land developments through the dedication or reservation of land for recreational (including the development of a trail system), educational, and other public purposes.
      14. Protect the integrity of the purchaser's title by requiring certification that monuments and markers are installed according to the locations designated on the approved plat; and
      15. Assure that facilities to be accepted and maintained by the local government are properly located and constructed.
    • Effective on: 1/1/1901

      Sec. 4-14.2.1 Development Design Review Principles
    • Generally. It is the policy of the City that the principles of this Section be applied to the maximum extent practicable without imposing restrictions that reduce the density or intensity of development that is permitted by this Unified Development Ordinance. The City may require modifications to proposed development sketch plans or subdivision plats that otherwise conform to the standards of the Unified Development Ordinance in order to enhance the quality of the design in accordance with the qualitative principles of this Section. The standards of this Section shall be applied and interpreted in the context of the other applicable standards that are set out in other Articles of this Unified Development Ordinance.
    • Compatibility. The proposed development sketch plan or subdivision plat shall be designed in a way that:
      1. Provides appropriate space for bufferyards and transitions between land uses or obvious changes in density or intensity along side and rear lot lines;
      2. Protects and preserves site resources to the benefit of both the subject property and abutting or adjacent properties;
      3. Provides appropriate vehicular and pedestrian linkages between residential uses and retail, service, and office uses, providing access while protecting neighborhood integrity and individual property values;
      4. Maximizes the access to and benefit of open spaces by providing for a connection to or continuation of the open spaces of abutting of adjacent properties and providing for maximum frontage and access to such open spaces;
      5. Protects neighboring property from undue storm water runoff;
      6. Anticipates and provides for future vehicular and pedestrian connections to neighboring properties that are likely to be developed or redeveloped with similar or supportive land uses, in accordance with the Thoroughfare Plan of the City and/or County;
      7. Minimizes interference with existing access to adjacent and nearby properties, unless new and improved access is provided by the proposed development; and
      8. Does not reduce the level of service of public utilities that are provided to surrounding development.
    • Consistency with Capital Improvement Plans. Proposed development shall conform to all adopted and applicable capital improvement plans of the City, Florence County (for capital improvement plans within the City), and the State of South Carolina with regard to public infrastructure and facilities, including water, sewer, gas, streets, trails, and parks and recreation improvements.
    • Future Adjacent Development. The proposed development shall be designed in a way that shows how future development of adjacent parcels under common ownership will relate to the parcel proposed for development in terms of transportation linkages, open spaces, and utilities.
    • Landscaping. The subdivision landscaping layout shall promote the zoning district's qualities and character and meet or exceed the standards. Bufferyard landscaping shall be located to achieve the screening objectives and, where possible, enhance open space objectives beyond the minimum requirements. See Article 10, Landscaping and Buffering.
    • Preservation of Density and Intensity. Design review is intended to permit plan modifications that improve design, but not to require a density or intensity reduction. The design review shall focus on revising the development sketch plan by altering roads, lots, landscaping, or other plan elements, but not by altering development density or intensity unless the density or intensity exceeds permitted standards or the open space, buffering, landscaping, or resource protection does not meet the requirements of this Unified Development Ordinance.
    • Effective on: 1/1/1901

      Sec. 4-14.2.2 Naming and Numbering
    • Subdivision and Apartment Project Names. Subdivision names and apartment project names shall not be duplicated or confused with the names of existing subdivisions or apartment projects. Names are subject to approval by the Director to eliminate duplicate names.
    • Street Names. Proposed streets that are obviously in alignment with other existing and named streets shall bear the assigned name of the existing streets. In no case shall the name of a proposed street duplicate or be phonetically similar to an existing street name, irrespective of the use of a suffix and/or prefix. Chapter 17, Streets, Sidewalks, and Other Public Property of the Code of Ordinances shall govern the assignment of names.
    • Property Numbering. The Director, or a designee, shall provide appropriate "house numbers" for all lots as set out in Chapter 17, Streets, Sidewalks, and Other Public Property of the Code of Ordinances.
    • Effective on: 1/1/1901

      Sec. 4-14.2.3 Blocks
    • Generally. Streets shall be laid out to create blocks. Within any superblock created by arterial or collector streets, the design objective is to provide an interconnected network of streets and pedestrian pathways so that people may reach other locations within the superblock by walking, bicycling, or driving, but without having to access arterial or collector streets with vehicles. If practicable, streets shall be arranged in a loose grid or comparable formal arrangement, and open spaces shall be integrated into the block design. Exceptions will be made for green spaces along drainage or stream channels, water bodies, or where other natural resources make a grid or comparable formal arrangement difficult or cost prohibitive.
    • Orientation. Where possible, blocks shall be laid out to have their short length abutting arterials, collectors, or the development's major internal street. The length, width, and shape of blocks should be determined with due regard to the provision of adequate sites for buildings of the types proposed, zoning requirements as to lot sizes and dimensions, control and safety of street traffic, convenience, access and circulation, fire access, emergency service, and police protection.
    • Block Lengths and Widths. Block dimensions and configurations shall be as follows:
      1. Standard Blocks.
        1. Lengths of standard blocks shall not exceed 1,600 feet nor be less than 400 feet on any side; and
        2. Standard blocks shall consist of at least two tiers of lots except:
          1. Where reverse frontage lots are located along an arterial or collector street;
          2. Where such an arrangement is prevented by the size or other inherent site conditions of the property; or
          3. Where lots are arranged in a cluster format that promotes visual access to common open space by reducing back-to-back residential lots.
      2. Nonstandard Blocks.
        1. In special situations, where it is necessary to separate residential developments from vehicular traffic or nonresidential uses, nonstandard blocks may be used. However, the Planning Commission must approve such configurations and the associated lot depths must be in accordance with the minimum lot dimensions required in Part 2, Development Yield and Lot Standards for the land use district in which it lies.
        2. Nonstandard blocks may consist of a single lot on one or more sides (single-tier block), which shall have a minimum lot depth of 150 feet.
        3. Where single-tier blocks are approved by the Planning Commission, driveways will not be permitted on the side of the block with the shortest dimension.
    • Nonresidential Blocks. The block layout in commercial, mixed use, and industrial areas may vary from the criteria detailed in this Section if required by the nature of the use. In all cases, however, the criteria and provisions of this Unified Development Ordinance shall be followed to provide adequate off-street parking and loading spaces and to ensure space for future expansion.
    • Effective on: 1/1/1901

      Sec. 4-14.2.4 Lots
    • DHEC Review. Nothing contained in these regulations shall be construed as preventing the South Carolina Department of Health and Environmental Control (DHEC), after study of the conditions existing in a proposed subdivision, from requiring that all or any portion of the area of such subdivision shall not be built upon or that the minimum lot sizes set forth in these regulations are inadequate and must be increased to ensure the protection of the public health.
    • City/County Boundaries. Lots, insofar as practical, should not be divided by city limit or county boundary lines.
    • Generally. The size, shape, and orientation of lots shall be appropriate to the location of the proposed subdivision and to the type of development contemplated. The lots shall provide an adequate buildable area for the development contemplated.
    • Lot Shape. Side lot lines shall be approximately at right angles to, or radial to, street lines.
    • Alternative Lot Shapes. Alternative lot shapes may be approved by the Planning Commission in any of the following circumstances:
      1. Generally.
        1. The alternative shape does not interfere with the efficient development of other property; and
        2. The lots allow for a building envelope that is adequate to meet the requirements of this Unified Development Ordinance for building and site design.
        3. The building pad meets the minimum required lot width where the building is to be located. In the instance of an alternative lot shape, the City shall require a building pad designation on the plat. (See Figure 4-14.2.4, Building Envelope)
      2. Irregularly Shaped Parcel. The shape of the parcel required irregular lots in order to subdivide.
      3. Curvilinear Streets. Irregular lots are permitted where the street alignment would otherwise force larger, pie shaped lots and the use of irregular lots would allow for smaller lots and more access to open space.
      4. Large Lots. Where lots exceeding one acre are provided, the lot shape that provides efficient use of the land and minimum lot size may be used.
    • Figure 4-14.2.4
      Building Envelope
      1. Residential Lot Size. New lots shall be dimensioned according to the requirements of Division 2-4.1, Standards for New Neighborhoods and Article 6, Nonresidential and Mixed Use Development while development or redevelopment on existing platted lots shall be according to the requirements of Article 5, Existing Neighborhoods, together with all applicable health regulations, whichever is more restrictive.
      2. Nonresidential Lot Size. Lots to be subdivided for commercial, mixed use, or industrial use shall be of appropriate size and arrangements to provide for adequate off-street parking and loading facilities based on the intended use.
      3. Frontage.
        1. Residential Lots. New residential lots shall front on local streets.
        2. Nonresidential Lots. Nonresidential lots that take access from collector or arterial streets shall provide adequate maneuvering area for automobile turnaround within the lot.
      4. Through Lots. Through lots shall be avoided, except where they are necessary to overcome specific disadvantages of topography and orientation. Where through lots are used, a Type C bufferyard shall be provided to protect the lot from the street.
      5. Orientation to T-Intersections. The building envelope of lots at the terminal end of a T intersection shall be offset from the centerline of the terminated street in order to mitigate the impacts of oncoming traffic on the use of the lots.
      6. Drainage Ways. Lots shall not encroach on a major drainage easement or right-of-way, and all easements or rights-of-way shall be excluded from the lot area.
      7. Access.
        1. Public Access. Each lot to be subdivided shall have frontage on an existing public street right-of-way or on a public street right-of-way that is to be dedicated at the time the subdivision that contains the lot to be recorded. The provisions for private streets are set out in Section 4-13.3.5, Private Streets.
        2. Access to Large Nonresidential Lots. In the case of development of a large nonresidential or mixed use parcel, with the approval of the Planning Commission, a private access easement maybe permitted if the owner establishes an adequate permanent easement to a driveway that provides ingress and egress from the newly subdivided parcel to a public street. The easement and driveway must have sufficient width in the view of the Planning Commission.
        3. Cross-Access. Easements for cross-access through and among platted lots of nonresidential subdivisions that take access from collector or arterial streets is required in order to minimize the proliferation of curb cuts.
        4. Freeway Access. Access connections to freeways with public streets and driveways on the same grade are prohibited.
      8. Corner Lots. Corner lots shall have extra width to permit the establishment of a front building setback line on both the front and the side of the lots adjoining the streets irrespective of whether the rear lot lines of said corner lots abut lots fronting on the side streets. In all cases, the minimum required widths specified in Section 2-4.1.3, Lot and Building Standards shall be met.
      9. Lot remnants. Lot remnants are prohibited on any plat.
      10. Lot Boundaries. Lot boundaries shall include, but not be limited to, the building(s) existing or proposed on a parcel, as well as all improvements that are a requirement of this Unified Development Ordinance, such as parking, detention, waste containers, landscaping, buffering, screening, etc. Shared facilities, such as parking, circulation, cross access, waste containers, detention, etc. shall be indicated on the subdivision plat as a private easement.

      Effective on: 1/15/2018

      Sec. 4-14.2.5 Variable Building Pads
    • Generally. Where lots are greater than 20,000 square feet in size and a subdivider/developer wants to locate buildings in a manner that results in a more casual neighborhood layout without the character of buildings lining the setback line, the sketch plan shall propose building pads for each lot that are varied as to the setbacks. The plan may be approved by the Planning Commission if compliance with all of the standards of this Section is demonstrated.
    • No Loss of Privacy. There is no loss of privacy due to homes located closer to each other than would be the case if the yards required by the underlying district regulations were applied.
    • Environmentally Sensitive. Pads are located to avoid impacts on natural resources or to provide a better view of protected resources or designated open space.
    • Landscaping. The density of landscaping is increased to enhance the natural character of the development compared to what would be required by the minimum standards of Article 10, Landscaping and Buffering.
    • Edges of Parcel Proposed for Development.
      1. If the side lot lines or rear lot lines of a lot or more than one lot abut an adjacent parcel or lot with the same zoning designation, located outside of the parcel proposed for development, then the minimum setbacks shall be maintained.
      2. If a property line of a lot is an existing residential street, then the building pads approach provided in this Section may be used, provided that:
        1. Front yards are reduced by not more than 10 percent; and
        2. The required street trees and front yard landscaping is increased by 25 percent.
    • Review. The Planning Commission may require a subdivider/developer to modify or relocate proposed building pads if it finds that the proposed building pad layout would negatively affect the character of the street or neighborhood.
    • Effective on: 1/1/1901

      Sec. 4-14.2.6 Markers
    • Permanent Markers. Markers shall be installed in accordance with the requirements of the minimum standards manual for the practice of land surveying in South Carolina. Permanent markers shall be a part of the physical improvements covered by financial guarantees.
    • Temporary Markers. Temporary markers may be installed by the applicant for inspection purposes while the subdivision is under construction. Temporary markers shall be installed with the same accuracy and precision as permanent markers. The applicant is responsible for replacing any markers damaged or disturbed during construction.
    • Effective on: 1/1/1901

      Sec. 4-14.2.7 Private Driveways
    • Lot Design to Allow Driveway. Each lot shall be designated so as to allow the development of a private driveway.
    • Stopping Space. Driveways shall be located, designed, and constructed so as to provide a relatively level stopping space no less than 20 feet outside the street right-of-way.
    • Corner Lot Driveways. Driveways of corner lots shall be located at least 40 feet from the point of intersection of the nearest street right-of-way lines. Approved driveway zones for corner lots shall be shown on the final plat.
    • Sight Clearance. Adequate sight clearance at the intersection of driveways with street right-of-way lines shall be provided and shown on a site plan as required in Division 4-11.3, Sight Clearance.
    • Curvature or Excessive Grades. Where difficult problems of driveway curvature or excessive grades are present, the property owner or his agent shall submit to the City Engineer for approval the details of driveway location and grades before a building permit is issued.
    • Responsibilities of Owner and/or Subdivider/Developer. The property owner is responsible for the original installation and permanent maintenance of the connecting segment of pavement located on the right-of-way, between the street pavement and the private driveway on a private lot. This shall be accomplished prior to the final building inspection. The owner shall also be responsible for any necessary curb-cut and/or repairs.
    • Effective on: 1/1/1901

      Sec. 4-14.2.8 Building Setback Lines
    • Minimum setback. The minimum building setbacks from the street right-of-way (property line) are established in Part 2, Development Yield and Lot Standards, for the district in which the lots are located.
    • Power lines.
      1. In no case shall the Planning Commission approve any plat whereby the power company's easement is used to meet the minimum yard requirements.
      2. The subdivider/developer shall contact the appropriate power company to ensure that any proposed use of a right-of-way meets all of the requirements of the power company.
      3. Standard setbacks established in Part 2, Development Yield and Lot Standards apply to power line rights-of-way.
      4. The area adjacent to the power line easement (not within the easement) may be used as street right-of-way.
    • Effective on: 1/1/1901

      Sec. 4-14.3.1 Property Owners’ Association Required
    • Generally. Any subdivision or land development project that requires a property owners' association in order to comply with these regulations (e.g., to own and maintain common open space) shall be in accordance with these regulations and subject to a mandatory property owners' association and a recorded declaration of covenants, conditions, and restrictions (CCRs) that ensures such compliance.
    • Reversion. Covenants, conditions, and restrictions shall not contain reversionary clauses wherein a lot shall return to the subdivider/developer because of a violation of the term(s) of the covenant, condition, or restriction.
      1. Property Owners' Association. If required by this Unified Development Ordinance or as a condition of approval, the applicant shall incorporate a property owners' association that will bear responsibility for ensuring continuing compliance with these regulations and conditions of subdivision or site specific development plan approval. The City Attorney shall review the documents for the following provisions: Membership in the property owners' association shall be mandatory for all owners of property in the subdivision or condominium;
      2. The property owners' association shall have lien rights with respect to unpaid dues;
      3. The property owners' association shall be permanent; and
      4. The property owners' association shall have all responsibilities required by these regulations (e.g., ownership and maintenance of common elements).
      5. The responsibilities of the Property Owners' Association shall be required of the developer until 80 percent of all lots are sold.
    • Effective on: 1/1/1901

      Sec. 4-14.3.2 Required Covenants, Conditions, and Restrictions (CCRs)
    • Generally. Conditions and requirements of development approval that require ongoing efforts of tenants or successors in title shall be included in a declaration of covenants, conditions, and restrictions for the property that shall be recorded in the public records in the chain of title for the property at the applicant's expense. The applicant shall provide proposed covenants, conditions, and restrictions to the City:
      1. Upon filing the application for final plat approval; or
      2. If no plat approval is sought, before the issuance of any permit that directly authorizes development (development approvals that require covenants, conditions, or restrictions shall be contingent upon approval of the covenants, conditions, and restrictions document).
    • Plat Annotations. Requirements regarding maintenance of common areas or operation and maintenance of drainage facilities shall be summarized on the plat and set forth in full in the declaration of covenants, conditions, and restrictions, which shall be referenced on the plat.
    • City Enforcement.
      1. The Planning Commission and City Attorney shall review covenants, conditions, and restrictions that implement the requirements of this Unified Development Ordinance for conditions of approval.
      2. The Planning Commission may require that the applicant grant the City a right of enforcement of the covenants, conditions, and restrictions, in order to ensure continuing compliance. To this end, the City may require that the CCRs give the City a right to designate a management company, to be paid a reasonable fee from the dues payable by the property owners, after the third notice of noncompliance to the association's registered agent. The management company shall be responsible for remedying violations that are the subject of the notices.
    • Effective on: 1/1/1901

      Sec. 4-14.3.3 Optional Covenants, Conditions, and Restrictions (CCRs)
    • Generally. The City shall approve only those covenants, conditions, and restrictions that relate to the development approval. The City's right of enforcement shall extend only to those matters that substantially bear upon them. The City will not seek to intervene in purely private disputes regarding covenants, conditions, and restrictions.
    • Optional Elements. The CCRs may include any provisions considered desirable by the applicant with respect to the management and maintenance of the subdivision or condominium, provided that they do not undermine the following requirements:
      1. Required membership in, and payment of dues to, the Property Owners' Association;
      2. Inclusion and enforcement of all of the provisions required by these regulations and any conditions of approval, in a form acceptable to the City Attorney;
      3. Clauses that provides for enforceability by the City of those covenants, conditions, and restrictions that relate to these regulations or conditions of approval; and
      4. Applicable requirements of this Unified Development Ordinance at the time of approval of the CCR document.
    • Effective on: 1/1/1901

      Sec. 4-14.3.4 Conversion from Unified Control to Multiple Ownerships
      A development that is approved under unified ownership and control shall not be conveyed into multiple ownerships (e.g., individual buildings in an office park or individual units of a townhome development being sold to separate entities) until the required CCRs are recorded.

      Effective on: 1/1/1901

      Sec. 4-14.4.1 Required Improvements
    • Generally. One of the following techniques may be selected by the , City Manager, or an appointee, as an appropriate method of ensuring that the required subdivision improvements set forth in this Unified Development Ordinance shall be constructed.
    • Completion of Improvements. Prior to final plat approval, the subdivider/developer shall complete, in a manner satisfactory to the City Manager or an appointee, all improvements required in this Unified Development Ordinance specified in the approved subdivision development plan, and as otherwise approved by the Planning Commission, and shall dedicate same to the City. Final plat approval shall not be granted by the Planning Commission until the dedication of the required improvements has been accepted by the  City Manager or an appointee.
    • Acceptance Techniques in Lieu of Completion of All Improvements.
      1. In lieu of requiring the completion of all improvements prior to final plat approval, the City Manager or an appointee may, at his/her discretion, enter into a contract with the subdivider/developer whereby the subdivider/developer shall guarantee to complete all improvements required by this Unified Development Ordinance, or otherwise specified by the Planning Commission, in a manner satisfactory to the  City Manager or an appointee. Any funds unused by the City to complete the improvements shall be returned to the subdivider/developer.
      2. Prior to the granting of final plat approval by the Planning Commission, the  City Manager or an appointee and subdivider/developer shall agree upon a deadline for the completion of all required improvements, which shall not to exceed one year from the date of final plat approval. The City Manager or an appointee shall have the right to extend the deadline for one additional year where the subdivider/developer can present substantial reason for doing so. The City shall not approve a subdivision guarantee until a copy of the SC DHEC “Approval To Place Into Operation” for water and sewer systems is provided.
      3. To secure this contract, the subdivider/developer shall provide subject to the approval of the City Manager or an appointee one of the following guarantees:
        1. Escrow Account. The subdivider/developer shall deposit cash or other instrument readily convertible into cash at face value, either with the City, or in escrow with a financial institution in the State of South Carolina. The use of any instrument other than cash, and, in the case of an escrow account, the financial institution with which the funds are deposited, shall be subject to the approval of the City. The amount of the deposit shall be at least equal to the cost of installing all required improvements plus 10 percent, as estimated by the subdivider/developer and approved by the City Manager or an appointee and the City. In the case of an escrow account, the subdivider/developer shall file with the City an agreement between the financial institution and himself guaranteeing the following:
          1. That the funds of the escrow account shall be held in trust until released by the City and may not be used or pledged by the subdivider/developer as security in any other matter during that period.
          2. In the case of a failure on the part of the subdivider/developer to complete the improvements, then the financial institution shall immediately make the funds in the account available to the City for use in completion of the improvements.
        2. Real Property Escrow. The subdivider/developer may offer real property as a guarantee. The value of any such property shall be at least equal to the cost of all contracted improvements, as estimated by the subdivider/developer and approved by the City Manager or an appointee and City, plus 10 percent. The County Tax Assessor shall establish the value of any property so used and, in so doing, shall take into account the likelihood of a decline in the value of said property during the guarantee period. The City shall retain the right to reject the use of any property when the value of such property is sufficiently unstable, when it believes that the property will be unusually difficult to sell, or for other reasons such as will inhibit the City from exchanging the property for a sufficient amount of money to complete the required improvements. When property is offered as an improvement guarantee, the subdivider shall:
          1. Deed, in fee simple, the property to the City.
          2. Provide title insurance, to the satisfaction of the City.
          3. Pay all closing costs, including deed preparation and recording.
        3. Letter of Credit. The subdivider/developer shall provide a letter of credit from a bank or other financial institution or individual. The letter of credit is subject to the approval of the City, and shall certify the following:
          1. That the creditor does guarantee funds in an amount equal to the cost plus 10 percent for completing all required improvements as estimated by the subdivider/developer, verified by the , City Manager or an appointee and approved by the City.
          2. That the letter of credit shall remain valid for a period of two years, unless it is released by the City.
          3. That the letter of credit can be released only by the City.
          4. That, in the case of failure on the part of the subdivider/developer to complete the specified improvements within the required time period, the creditor shall pay to the City immediately, and without further action, the value of credit stated in the letter.
          5. That if the letter of credit is not released by the City, within 30 calendar days of its expiration date any remaining amount of credit shall be paid to the City by the bank, financial institution, or individual who provides the letter.
          6. That the letter of credit is in the City’s name and may not be withdrawn, or reduced in amount, unless released by the City.
    • Inspection and Certification of Subdivision Improvements.
      1. Inspection Requirements.
        1. The registered professional engineer who designed the project is also responsible for providing periodic inspections during the entire construction phase. Inspection frequency must be sufficient to allow the design engineer to certify that the improvements have been completed in accordance with the approved project plans and specifications. However, the engineer must provide at least five hours per week of on-site construction observation for the duration of active construction.
        2. The City Manager or an appointee or other knowledgeable official as specified by the City, shall conduct a final inspection of the required improvements.
        3. For streets that will become publicly owned, formal inspections and written certifications by both the subdivider/developer’s design engineer and the City Manager or an appointee are required at four times during the construction process. Each inspection listed hereafter must be conducted prior to beginning the next phase of construction.
          1. After completion of the street subgrade, prior to placing the base.
          2. After completion of street base, prior to the installation of curbing and prime (tack) coating.
          3. After completion of curbing and tack coating, prior to installation of asphalt surface course.
          4. During installation of asphalt surface course.
        4. A minimum 24-hour (one working day) notice to the  City Manager or an appointee is required for scheduling the inspections listed above.
        5. If a developer/design engineer fails to adhere to the inspection procedure outlined above, the City Manager or an appointee may require such soils and asphalt tests deemed necessary to ensure that the construction is satisfactory. Testing in this instance shall be by an independent laboratory acceptable to the City. Any deficiencies revealed by this testing must be corrected to the City’s satisfaction. All costs for such testing and corrections shall be borne by the subdivider/developer.
      2. Certification Requirements.
        1. Upon completion of these improvements, the project engineer shall file with the City a statement either certifying that the improvements have been completed in accordance with approved plans and specifications, or deviations from those approved plans and specifications.
        2. Upon completion of the improvements, the project engineer or subdivider/developer shall file with the City a statement stipulating the following:
          1. That all required improvements are complete;
          2. That the engineer has provided not less than five hours per week of construction observation for the duration of active construction.
          3. That these improvements are in compliance with the minimum standards specified by the Planning Commission for their construction;
          4. That the subdivider/developer knows of no defects from any cause, in these improvements; and
          5. That these improvements are free and clear of any encumbrance or lien.
        3. For streets that will become publicly owned, written certifications from the four inspections required above must be furnished by the subdivider/developer as part of the final plat approval process. Streets will not be accepted without this documentation.
      3. Approval and Acceptance.
        1. The regulatory body must submit in writing within 15 days of review of project, their approval or disapproval.
        2. If the City Manager or an appointee has certified that the contracted improvements are complete and free from defect, then, upon receipt of the other statements and agreements detailed above, the City shall accept the dedication of any portion of the required improvements, provided that all statements and agreements specified above have been received for that portion of the improvements.
    • Reduction of Guarantee. In those cases where improvement guarantees have been made, the amount of the guarantee may be reduced upon acceptance, in compliance with Subsection D., above, of the dedication of a portion of the required improvements. The amounts of the reduction shall not exceed the percentage of the original improvements just accepted for dedication. In no case, however, shall the guarantee be reduced to less than 15 percent of the original amount, until the project is complete and acceptable.
    • Release of Guarantee.
      1. Escrow Accounts or Letters of Credit. Upon acceptance of the project, in accordance with Subsection D., above, of the dedication of the final portion of improvements, the City shall authorize the release of any remaining portion of the improvements guarantee.
      2. Real Property. Upon acceptance of the project, the City will execute a deed transferring the real property back to the subdivider/developer. This deed must be prepared and filed by the subdivider/developer.
    • Effective on: 1/15/2018

      Sec. 4-15.1.1 Purpose
      It is the purpose of this Article to ensure that all new developments contribute to the building of economically sound and desirable living areas within the community with adequate services and facilities.

      Effective on: 1/1/1901

      Sec. 4-15.1.2 Applicability
    • Unique Developments. The alternative development standards set out in Section 4-15.2.1, Modification of Standards, applies to development proposals for cluster and mixed use developments where the standards of conventional developments are varied and where commercial and residential uses are vertically integrated. Additionally, they also apply when the Planning Commission finds that a proposed development will benefit the City, that it is unique, creative, and of a quality standard thereby warranting a more flexible approach to the development standards.
    • Manufactured Home Subdivisions. The alternative development standards set out in Section 4-15.2.2, Manufactured Home Subdivisions, applies to development proposals for manufactured home subdivisions, trailer parks, and modular home developments.
    • Effective on: 1/1/1901

      Sec. 4-15.2.1 Modification of Standards
    • Authority to Modify Standards. In order to provide a subdivider/developer with maximum flexibility in the design and character of creatively designed developments, the Planning Commission may modify the standards and requirements of this Part in the case of a plan for cluster and mixed use development, or other creative developments that may be facilitated if certain standards are varied. When in the judgment of the Planning Commission such developments provide adequate public spaces, traffic circulation, recreation, light, air, and service needs when fully developed and populated, and which also provide such covenants, conditions, and restrictions or other legal provisions as to assure conformity to and achievement of the spirit and intent of this Unified Development Ordinance, it may approve specific variations from the standards of this Part.
    • Spirit of Conformity. Any development or subdivision approved under this Section shall maintain the objectives, purposes, and intent of this Part.
    • Low Impact Development. Proposed developments that incorporate low impact development (LID) techniques in lieu of the minimum standards outlined in this Part may be facilitated by the Director of Utilities. Where LID techniques would result in a deviation from the standards of this Part, the Planning Commission may approve such deviation if it finds that the techniques meet their objective of reducing stormwater pollution. Stormwater fee credits will be available for qualified LID techniques or best management practices. However, such developments are subject to review and approval by the Director of Utilities.
    • Effective on: 1/1/1901

      Sec. 4-15.2.2 Manufactured Home Subdivisions
      All manufactured home subdivisions, trailer parks, and modular home subdivisions, shall be developed under the provisions of this Unified Development Ordinance and also under Chapter 11, Manufactured Housing; Structures, Parks, and Subdivisions of the Code of Ordinances.

      Effective on: 1/1/1901

      Sec. 4-16.1.1 Duplex Site Development Standards
    • A.
      Driveways and Surface Parking. Driveways and surface parking areas shall be constructed of asphalt or concrete, dimensioned as follows:
      1. 1.
        Standard Duplex. Standard duplexes that take vehicular access from the street (as opposed to an alley) shall provide a separate driveway to each unit. Each driveway shall be not more than 20 feet wide, and the driveways shall be separated by a landscape area that is at least five feet in width.
      2. 2.
        Over-Under Duplex. Over-under duplexes may provide two driveways or a shared driveway for both units. However, no shared driveway shall be more than 27 feet wide.
    • Figure 4-16.1.1
      Duplex Landscaping

      Effective on: 6/12/2025

      Sec. 4-16.1.2 Multiplex Site Development Standards
    • A.
      Parking. All parking spaces shall be located:
      1. 1.
        Rear of the Building. If the width of the parking lot exceeds the width of the rear of the building, or is offset from the building so that parking spaces are visible to the street, a vegetative screen that grows to a minimum height of three feet at the end of one growing season shall be installed across the area that is otherwise visible to the street.
      2. 2.
        Side of the Building. The parking lot shall be setback at a minimum on the same line as the front wall of the building. A vegetative screen that grows to a minimum height of three feet at the end of one growing season shall be installed across the area that is otherwise visible to the street.
    • B.
      Landscaping. Landscaping shall meet the requirements for nonresidential uses as provided in Article 10, Landscaping and Buffering.
    • Effective on: 6/12/2025

      Sec. 4-16.1.3 Multi-Family Site Development Standards
    • A.
      Landscaping. Landscaping shall meet the requirements for nonresidential uses as provided in Article 10, Landscaping and Buffering.
    • B.
      Outdoor Recreation Areas. One of the following outdoor recreation areas shall be provided on-site:
      1. 1.
        Playground;
      2. 2.
        Basketball court;
      3. 3.
        Tennis court;
      4. 4.
        Swimming pool; or
      5. 5.
        If 1,000 feet or closer to a walking trail connecting to the City's pedestrian trail network, public park, or public open space; or
      6. 6.
        An alternative as approved by the City Manager or an appointee.
    • C.
      Location. Buildings exceeding two stories shall not be located within 100' of existing single family uses or properties unless they are located within the same development.
    • Effective on: 6/12/2025

      Sec. 4-16.1.4 Restaurant, Drive-In or Drive-Through
    • A.
      Entry and Exit Driveways. Entries and/or exits to drive-through facilities shall be a minimum of 100 feet from any intersection, or from another drive-through facility on the same side of the street, except within a shopping center. Shorter distances from street intersections may be approved if the Director and/or Director of Public Works determine that public safety and the efficiency of traffic circulation will not be compromised.
    • B.
      Noise Mitigation. Sound attenuation walls, landscaping, or other mitigation measures may be required by the Director, as necessary, to mitigate drive-through speaker and traffic noise on nearby residential uses.
    • C.
      Drive Aisles.
      1. 1.
        Drive-through aisles shall have a minimum 12 foot width on curves and a minimum 11 foot width on straight sections.
      2. 2.
        Drive aisles shall provide a minimum of 115 feet behind the menu board.
      3. 3.
        Aisles shall be integrated with the on-site circulation and shall merge with the driveway.
      4. 4.
        Drive-through aisles shall not exit directly into a public right-of-way.
      5. 5.
        Drive-aisles shall be separated from landscaping areas by a six-inch high, poured in place, concrete curb or other suitable protective device meeting the approval of the Director.

        Landscaping shall screen drive-through aisles from the public right-of-way and shall be used to minimize the visual impacts of reader board and directional signs.

    • D.
      Stacking Lanes. Drive-through stacking lanes shall be a minimum 100 feet from any residential district or use.
    • Effective on: 6/12/2025

      Sec. 4-16.1.5 Fueling Stations, Light Automobile Service, and Car Wash Site Development Standards
    • A.
      Front and Street Side Setbacks.
      1. 1.
        Principal building: 40 feet
      2. 2.
        Fuel dispensers, fuel pump islands, detached canopies, compressed air connections, and similar equipment: 20 feet
    • B.
      Fuel Dispensers. Fuel dispensers shall be set back a minimum of 20 feet from any other fuel dispenser located on a parallel pump island, as well as from the primary building and any building containing an accessory or secondary use. Such distance shall be measured from pump island to parallel pump island and from pump island to the curb surrounding the building or to the building itself, whichever is closer.
    • Effective on: 6/12/2025

      Sec. 4-16.1.6 Truck Stop / Truck Wash Site Development Standards
    • A.
      Access. Access to the use shall be designed to prevent conflicting traffic movements. Acceleration and deceleration lanes may be required.
    • B.
      Buffering.
      1. 1.
        Property lines that are not also right-of-way lines shall be screened with a Type C bufferyard that includes a six foot tall masonry wall; and
      2. 2.
        Property lines that are also right-of-way lines shall be screened with a Type B bufferyard.
    • Effective on: 6/12/2025

      Sec. 4-16.1.7 Sexually Oriented Business Site Development Standards
    • A.
      Site Elements. The parking lot and site surrounding a building housing a sexually oriented business shall not contain any artwork, statues, or other design elements resembling the products or entertainment offered on the premises, except that a sign that meets the criteria of Part 5, Signs, is permitted.
    • B.
      Site Design Features. Amenities within the parking lot and site surrounding a building housing a sexually oriented business shall be limited to landscaping that complies with standards of Article 10, Landscaping and Buffering.
    • Effective on: 6/12/2025

      Sec. 4-16.1.8 Self Storage Site Development Standards
    • A.
      Setbacks.
      1. 1.
        The outdoor storage of materials shall be set back a minimum of 20 feet from the property lines adjacent to residential districts or uses.
      2. 2.
        Storage buildings that are more than one story or 16 feet in height, whichever is less, shall be setback a minimum of 30 feet from all property lines.
    • Effective on: 6/12/2025

      Sec. 4-16.1.9 Attached Telecommunications Facilities Site Development Standards
    • A.
      Attached Only. No facility and/or equipment shall occupy land area on any portion of the ground to which the facility is attached.
    • B.
      Access. No additional driveway access may be granted solely for an attached facility.
    • Effective on: 6/12/2025

      Sec. 4-16.1.10 Freestanding Telecommunications Towers and Facilities (Stealth and Non-Stealth) Site Development Standards
    • A.
      Site Size. The maximum lease site shall not exceed 5,000 square feet.
    • B.
      Access. No additional driveway access may be granted solely for the facility unless the host site is vacant and does not have an existing connection to a public street.
    • C.
      Screening. Supporting equipment shall be screened by a fence or landscaping that is one foot taller than the equipment to a maximum height of six feet. Equipment that exceeds six feet in height shall be screened by landscaping that is one foot taller than the equipment.
    • Effective on: 6/12/2025

      Sec. 4-16.1.11 Recycling Collection Facilities
    • A.
      Vehicular Conflicts. Drive aisles and parking areas shall be designed to prevent conflicts between hauling trucks and passenger vehicles and to prevent the obstruction of emergency access and fire lanes.
    • B.
      Access and Circulation. The internal circulation system and points of access shall be designed to eliminate the need for the backing of trucks other than in the immediate unloading area.
    • C.
      Site Design. Unloading and loading areas shall be designed to allow for efficient use, and shall provide sufficient areas for passenger vehicles to maneuver around other passenger vehicles that may be stopped for unloading.
    • Effective on: 6/12/2025

      Sec. 4-16.1.12 Waste Transfer Stations
    • A.
      Setbacks from Wells and Wetlands. The active waste handling area of the transfer station shall be set back a minimum of 200 feet from any:
      1. 1.
        Drinking water well;
      2. 2.
        Wetlands as delineated and defined specifically as wetlands according to the methodology accepted by the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency.
    • B.
      Setbacks from Floodplains. The active waste handling area of the transfer station shall be set back a minimum of 100 feet from any 100-year floodplain.
    • C.
      Circulation. The internal circulation system shall be designed and constructed to be passable by loaded collection and transfer vehicles in all weather conditions and to eliminate the need for the backing of trucks other than in the immediate unloading area.
    • Effective on: 6/12/2025

      Sec. 4-16.1.13 Electrical Substation Site Development Standards
    • A.
      Setbacks. Electrical substations in the RE (Estate Residential), RS (Suburban Residential), RG (General Residential), RU (Urban Residential), and NC (Neighborhood Conservation) zones shall be set back as follows:
      1. 1.
        If the secure area of the substation has a footprint of 12,500 sf. or less, then it shall be set back at least:
        1. a.
          50 feet from street rights-of-way;
        2. b.
          50 feet from nonresidential property lines; and
        3. c.
          100 feet from residential property lines.
      2. 2.
        If the secure area of the substation has a footprint of more than 12,500 sf., then it shall be set back at least:
        1. a.
          100 feet from street rights-of-way;
        2. b.
          100 feet from nonresidential property lines; and
        3. c.
          200 feet from residential property lines. Any substation equipment that is taller than 35 feet above the ground plane shall be set back an additional two feet for each additional one foot in height above 35 feet.
      3. 3.
        The setbacks of this Subsection may be waived if the utility lines are buried and the substation is concealed within an enclosed building or underground. In such cases, setbacks shall be the same as are applied to principal buildings in the same zone.
    • B.
      Landscaping and Buffering. Electrical substations in the RE (Estate Residential), RS (Suburban Residential), RG (General Residential), RU (Urban Residential), and NC (Neighborhood Conservation) districts that are not concealed within buildings shall be landscaped and buffered as follows:
      1. 1.
        An evergreen hedge shall be planted around the outside of the security fence, except at points of entry. The hedge shall be maintained at a height of at least five feet.
      2. 2.
        A Type B bufferyard shall be planted between the facility and all property lines, except in locations where a clear area is necessary for routing wires, vehicular access, or maintenance access.
    • Effective on: 6/12/2025

      Sec. 4-16.1.14 Requirements for Properties Containing Graves, Cemeteries, and Graveyards
      Requirements for Properties Containing Graves, Cemeteries, and Graveyards

      1. A.
        Application. The requirements for the development of properties that contains graves, cemeteries, graveyards, or other like facilities for the final disposition of human remains apply in all zoning districts and to all development including the subdivision of land.
      2. B.
        Boundary and Documentation. Graves, cemeteries, graveyards, or other like facilities shall be determined by an applicant’s professional archaeologist or other methods as deemed appropriate by the Planning Director to determine the boundary and confirmation of the cemetery.
        1. 1.
          The archaeologist or other licensed professional shall be responsible for determining the approximate boundaries of the cemetery and shall provide information on the history of the cemetery. A final report shall include, but not be limited to:
          1. a.
            Map(s) portraying the location and orientation of graves within the cemetery.
          2. b.
            Map(s) depicting the location and orientation of the cemetery relative to the site and recognized landmarks such as public roads or benchmarks visible on a USGS map.
          3. c.
            Description of field and archival methods and results used to document the cemetery.
          4. d.
            Coordinates of the boundary in SC 83 State Plane Coordinates.
      3. C.
        Requirements. The following requirements are as follows:
        1. 1.
          Existing cemeteries or like facilities shall be deeded as a separate lot and shall be accessed by a minimum twenty (20) foot wide private or public easement.
        2. 2.
          Lot size. Lots deeded separately containing the grave or like facility shall include the boundary of the cemetery as determined by the professional and shall include the bufferyard requirements established in (4) below.
        3. 3.
          Access. Must be an improved surface and must meet the requirements outlined within Section 4-13.3.10 Construction Specifications.
        4. 4.
          Bufferyard. A twenty-five (25) foot bufferyard shall be provided around the perimeter of the cemetery and shall not include the location of any graves. No landscaping is required within the bufferyard.
        5. 5.
          Existing cemetery fences and walls shall be repaired and maintained.
        6. 6.
          Fencing. Fencing of cemetery or like facility is permitted but is not required. Fencing material shall be made of a material which is compatible with the material of the new development. Fencing shall not be greater than six (6) feet in height around the entire perimeter of the property and shall be fifty (50) percent opaque. Fences up to eight (8) feet in height may be allowed with a variance from the Board of Zoning Appeals.
        7. 7.
          Construction. During construction of the development, the property corners of the cemetery must be clearly staked until the public infrastructure is complete and all public roads and facilities have been deeded to the City; and until the Certificate of Occupancy is achieved for any contiguous properties.[Ord. # 2025-20, 06/09/2025]

      Effective on: 6/9/2025

      Sec. 4-16.2.1 Intent
      It is the intent of this Division to ensure, insofar as possible, that properties designated as historic by City Council shall be in harmony with the architectural and historical character of the City. In granting a Certificate of Appropriateness for historically designated properties outside of Downtown, the Design Review Board shall take into account the architectural and historical significance of the structure under consideration and the exterior form and appearance of any proposed additions or modifications to that structure, as well as the effect of such change or additions upon other structures in the vicinity.

      Effective on: 1/1/1901

      Sec. 4-16.2.2 Secretary of the Interior's Standards for Rehabilitation
      When considering an application for a Certificate of Appropriateness for new construction, alteration, repair, or restoration, the Design Review Board shall use the Secretary of the Interior's Standards for Rehabilitation as guidelines in making its decisions. In addition, the Design Review Board may recommend that City Council adopt more specific guidelines for local historic districts and local historic buildings. These guidelines serve as the basis for determining the approval, approval with modifications, or denial of an application. The Secretary of the Interior’s Standards are set forth in Section 4-16.2.3, Standards.

      Effective on: 1/1/1901

      Sec. 4-16.2.3 Standards
    • Appropriate Use. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships
    • Conservation of Historic Character. The historic character of a site shall be retained and conserved. The removal of distinctive or alteration of site features, spaces, and spatial relationships that characterize a property will be avoided.
    • Historic Integrity. Each site will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural site features or elements from other sites, shall not be permitted.
    • Appropriate Changes. Changes to a site that have acquired historic significance in their own right will be retained and conserved.
    • Conservation of Distinct Features. Distinctive materials, features, finishes, and site development techniques or examples of craftsmanship that characterize a site will be conserved.
    • Restoration of Distinct Features. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
    • Care in Treatment. Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.
    • Archeological Conservation. Archeological resources will be protected and conserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
    • Historic Context. New site construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale, and proportion, and massing to protect the integrity of the property and its environment.
    • Original Integrity Intact. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
    • Effective on: 1/1/1901

      Sec. 4-16.3.1 Downtown Design Standards
      In the interest of promoting the cultural, economic, and general welfare of the public by providing a mechanism for the identification, recognition, conservation, maintenance, protection, and enhancement of the existing architecturally valuable structures and to promote the redevelopment and revitalization of the City’s traditional downtown area by ensuring its harmonious, orderly, and efficient growth and redevelopment, the Downtown Design Standards are adopted and incorporated by reference.

      [Ord. # 2025-14, Adoption of Downtown Design Standards, 05/12/2025]

      Effective on: 5/12/2025