(A)   P - permitted uses. A "P" in a cell indicates that a use category or use type is allowed by right in the respective district, subject to compliance with the use-specific regulations set forth in the final column of the table. Permitted uses are subject to all other applicable regulations of this ZDO, including those set forth in Chapter 166: Development Standards.

   (B)   S - special exception. An "S" in a cell indicates that a use category or use type is allowed as a special exception in the respective district, subject to compliance with the use-specific regulations set forth in the final column of the table and approval in accordance with the procedures of § 162.03-03, Special Exception Permit.

   (C)   A - allowed uses. An "A" in a cell indicates that a use category or use type is allowed by right in a planned development district, subject to compliance with the use-specific regulations set forth in the final column of the table. Allowed uses are subject to other applicable regulations in this ZDO, including those set forth in § 163.04, Planned Development District.

   (D)   Prohibited uses. A blank cell indicates that the use type is prohibited in the district.

   (E)   Additional regulations. Regardless of whether a use category is permitted by right or permitted as a special exception, there may be additional regulations that are applicable to a specific use. The existence of these use-specific regulations is noted through a section reference in the last column of the table entitled "Additional Standards." References refer to § 163.03, Use-Specific Standards. These regulations apply to all districts unless otherwise specified.

   (F)   Uses not listed. The Zoning Administrator shall determine whether or not an unlisted use is part of an existing use category defined in § 164.02, or is substantially similar to an already defined use, using the criteria in § 164.02-01(C), Unlisted Uses.

 

 

 

 

(Ord. 05-10, passed 3-23-10; Am. Ord. 34-12, passed 3-12-13; Am. Ord. 03-13, passed 4-9-13; Am. Ord. 26-17, passed 1-9-18; Am. Ord. 11-18, passed 11-13-18; Am. Ord. 13-18, passed 12-4-18; Am. Ord. 01-19, passed 4-9-19; Am. Ord. 011-22, passed 9-13-22)

   (A)   Purpose. Use classifications organize land uses and activities into general "use categories" and specific "use types" based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. The use classifications provide a systematic basis for assigning present and future land uses into appropriate districts. Use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification.

   (B)   Developments with multiple principal uses. When all principal uses of a development fall within one use category, the entire development is assigned to that use category. A development that contains a coffee shop, bookstore, and bakery, for example, would be classified in the retail sales and service category because all of the development's principal uses are in that category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable category and each use is subject to applicable regulations within that category. Developments with multiple principal uses, such as shopping centers, shall incorporate only those uses allowed in the underlying district.

   (C)   Unlisted uses.

      (1)   Procedure for approving unlisted uses. Where a particular use category or use type is not specifically listed in Table 164.01, Table of Allowed Uses, the Planning Commission may permit the use category or type upon a finding that the criteria of § 164.02-01(C)(2), Criteria for Approving Unlisted Uses, are met. The Planning Commission shall give due consideration to the intent of this ZDO concerning the district(s) involved, the character of the uses specifically identified, and the character of the use(s) in question.

      (2)   Criteria for approving unlisted uses. In order to determine that the proposed use(s) has an impact that is similar in nature, function, and duration to the other uses allowed in a specific district, the Planning Commission, after review of a recommendation from the Zoning Administrator, shall assess all relevant characteristics of the proposed use, including but not limited to the following:

         (a)   The volume and type of sales (retail, wholesale, etc.) if relevant:

         (b)   The size and type of items sold and nature of inventory on the premises;

         (c)   Any processing done on the premises, including assembly, warehousing, shipping, distribution;

         (d)   The nature and location of storage and outdoor display of merc handise; enclosed, open, inside or outside the principal building; and predominant types of items stored (such as business vehicles, work-in-process, inventory, and merchandise, construction materials, scrap and junk, and raw materials including liquids and powders);

         (e)   The type, size and nature of buildings and structures;

         (f)   The number and density of employees and customers per unit area of site in relation to business hours and employment shifts;

         (g)   Transportation requirements, including the modal split for people and goods, by volume type and characteristic of traffic generation to and from the site, trip purposes and whether trip purposes can be shared by other uses on the site;

         (h)   Parking requirements, turnover and generation, ratio of the number of spaces required per unit area or activity, and the potential for shared parking with other uses;

         (i)   The amount and nature of any nuisances generated on the premises, including but not limited to noise, smoke, odor, glare, vibration, radiation and fumes;

         (j)   Any special public utility requirements for serving the proposed use; and

         (k)   The impact on adjacent properties created by the proposed use will not be greater than that of other uses in the district.

      (3)   Effects of finding by the Planning Commission.

         (a)   Typical uses: added to this ZDO. In making the determination described in § 164.02-01(C)(1), Procedure for Approving Unlisted Uses, the Planning Commission shall initiate an amendment to this ZDO if it is determined that the particular use category or use type is likely to be common or to recur frequently, or that omission of specific inclusion and reference to this ZDO is likely to lead to public uncertainty and confusion. Until final action has been taken on such a proposed amendment, the determination of the Planning Commission shall be binding on all officers and departments of the city.

         (b)   Atypical uses: determination binding. In making a determination whether to approve an unlisted use, the Planning Commission's determination shall thereafter be binding on all officers and departments of the city, without further action or amendment of this ZDO, if the Planning Commission finds the particular use or class of use(s) is of an unusual or transitory nature, or is unlikely to recur frequently.

(Ord. 05-10, passed 3-23-10)

   (A)   Household living.

         (a)   Lodging where tenancy may be arranged for periods of less than 30 days, and no care, training, or treatment is provided, is classified as short term rentals.

         (b) Lodging where the residents meet the definition of “household” and where tenancy is arranged on a month-to-month basis or for a longer period is classified as household living.

         (c)   Most group home facilities are classified as institutions. However, group home facilities where individual units meet the definition of a “dwelling unit” in Chapter 161, Definitions are classified as household living.

(Ord. 05-10, passed 3-23-10; Am. Ord. 26-17, passed 1-9-18)

   (A)   Schools.

      (1)   Characteristics. The schools use category includes public and private schools at the primary, elementary, middle, junior high, or high school level that provide state-mandated basic education. Accessory uses at schools include play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school day care.

      (2)   Examples. Examples include public and private schools.

   (B)   Institutions.

      (1)    Characteristics. The institutions use category is characterized by use types that include buildings providing meeting areas for neighborhoods, civic gatherings places, fraternal organizations, care and treatment of the sick, government facilities, post offices, emergency response facilities (police, fire, or paramedic), and religious and civic institutions. Accessory uses can include food preparation, meeting rooms, parking, storage facilities, and staff residences.

      (2)   Examples. Examples include community centers, cultural facilities, government offices, medical and dental clinics, outpatient facilities, assisted living facilities, religious institutions, and civic clubs.

      (3)   Exceptions. Group home facilities or residential programs where individual units meet the definition of a "dwelling unit" in Chapter 161: Definitions are classified as household living.

   (C)   Public park or open space.

      (1)   Characteristics. Parks and open areas are uses of land focusing on natural areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to have few structures. Accessory uses may include club houses, restrooms, maintenance facilities, concessions, and parking.

      (2)   Examples. Examples include parks, public squares, plazas, recreational trails, greenways, botanical gardens, and nature preserves.

      (3)   Exceptions. Privately owned golf courses are classified as commercial outdoor recreation uses.

   (D)   Marine-related.

      (1)   Characteristics. This category includes facilities that provide access to the ocean and intercoastal waters for fishing, boating, and other marine-related activities. Accessory uses may include retails sales, restaurants, personal services, laundries, fuel sales, dry storage, or other goods or services associated with watercraft operation.

      (2)   Examples. Examples include public or private docks, piers, or marinas.

      (3)   Exceptions. Marine-related retail shops such as bait and tackle are classified as Type I or II retail.

   (E)   Utilities.

      (1)   Characteristics. This category includes both major utilities, which are infrastructure services providing regional or community-wide service, and minor utilities, which are infrastructure services that need to be located in or near the neighborhood where the service is provided. Telecommunication facilities also are a type of utility. Utility uses generally do not regularly have employees at the site. Services may be publicly or privately provided. Accessory uses may include parking and control, monitoring, or data transmission equipment.

      (2)   Examples.

          (a)   Examples of major utilities include water towers, waste treatment plants, public transit park and ride facilities, and electrical substations.

         (b)   Examples of minor utilities include water and sewage pump stations, stormwater retention and detention facilities, telephone exchanges, and surface transportation stops.

         (c)   Examples of telecommunication facilities include facilities for transmitting wireless phones and pager services, and television and radio broadcasting equipment that are configured as freestanding towers, or as collocated equipment upon another tower, building, or other vertical projection.

      (3)   Exceptions. Utility offices are classified as offices.

(Ord. 05-10, passed 3-23-10)

   (A)   Animal care.  

      (1)   Characteristics. The animal care use category is characterized by uses related to the provision of medical services, general care, and boarding services for domestic animals.

      (2)   Examples. Examples of animal care use types include animal shelters, animal grooming, kennels (outdoor and indoor), equine stables, and veterinary clinics.

      (3)   Exceptions.

         (a)   The breeding and resale of domesticated animals on a commercial basis is a retail sales and service use.

         (b)   The breeding and resale of domesticated animals typically considered as household pets as part of a residential use is a home occupation.

   (B)   Day care.

       (1)   Characteristics. The day care use category is characterized by use types that provide care, protection, and supervision for children or adults on a regular basis away from their primary residence typically for less than 24 hours per day. Care can be provided during daytime or nighttime hours. Accessory uses include offices, kitchens for food preparation, recreation areas, and parking.

      (2)   Examples. Example use types include adult care centers, child care centers, and preschools. Preschools are intended to provide limited educational or training services, while other child day care uses are not.

      (3)   Exceptions. Day care does not include public or private schools or facilities operated in connection with an employment use, shopping center, religious institution, or other principal use where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity.

   (C)   Restaurants. 

      (1)   Characteristics. This category includes establishments that sell food for on- or off-premise consumption. Accessory uses may include decks and patios for outdoor seating, customer and employee parking areas, and valet parking facilities.

       (2)   Examples. Examples include restaurants, including fast food establishments, yogurt or ice cream shops, and pizza delivery.

      (3)   Exceptions. Nightclubs and bars are classified as retail sales and service uses.

   (D)   Office.

      (1)   Characteristics. This category includes activities that are conducted in an office setting and that generally focus on business, government, professional, or financial services. Accessory uses may include cafeterias, parking, or other amenities primarily for the use of employees in the firm or building.

      (2)   Examples. Examples include professional services such as lawyers, accountants, engineers, or architects; financial businesses such as lenders, brokerage houses or real estate agents; data processing; sales offices; government and public utility offices; and TV and radio studios.

      (3)   Exceptions.

         (a)   Offices that are part of and located with a principal use in another category are considered accessory to the firm's primary activity.

         (b)   Contractors and others who perform services off-site are included in the office category if equipment and materials are not stored outside and fabrication, services, or similar work is not carried on at the site.

         (c)   Medical and dental clinics, medical and dental labs, and blood-collection facilities are classified as medical treatment facilities.

   (E)   Commercial outdoor entertainment.

      (1)   Characteristics. This category includes generally large uses that provide continuous commercial recreation or entertainment-oriented activities. They primarily take place outdoors. They may take place in a number of structures that are arranged together in an outdoor setting. Accessory uses may include restaurants, bars, concessions, parking, and maintenance facilities.

      (2)   Examples. Examples include privately owned golf courses, golf driving ranges, miniature golf facilities, water parks, privately owned tennis facilities, and publicly or privately owned active sports facilities such as ballfields and basketball courts.

      (3)   Exceptions.

         (a)   Indoor continuous entertainment activities such as theaters, bowling alleys, game arcades, pool halls, or dance halls are classified as commercial indoor recreation.

         (b)   Publicly or privately owned piers, docks or marinas are classified as marine-related uses.

   (F)   Commercial indoor recreation.

      (1)   Characteristics. The commercial indoor recreation use category includes privately owned uses that provide recreation or entertainment activities in an enclosed structure or structures. Accessory uses may include offices, concessions, snack bars, parking, and maintenance facilities.

      (2)   Examples. Examples include country clubs, fitness centers, bowling alleys, dance halls, skating rinks, indoor commercial swimming pools, racquetball, squash, and tennis club facilities (indoor) as well as theatres, which includes cinemas, screening rooms, and stages.

      (3)   Exceptions. Pool halls, bars, and night clubs are classified as a use type under retail sales and services.

   (H)   Retail sales and service.

      (1)   Characteristics. Retail sales and service firms are involved in the sale, lease, or rent of new or used products to the general public. They may also provide personal services or entertainment or provide product repair or services for consumer and business goods. Accessory uses may include offices, storage of goods, manufacture or repackaging of goods for on-site sale and parking.

      (2)   Examples. Examples include uses from the five following groups:

         (a)   Type I retail. Type I retail uses include small-scale "convenience" uses that are 2,500 square feet in size or less, that are intended to serve the general area or neighborhood in which they are located. Type I retail uses include the following types of uses:

            1.   Financial institutions;

            2.   Laundromats, laundry and dry-cleaning drop-off establishments;

            3.   Photographic studios;

            4.   Mailing or packing services;

            5.   Retail bakeries;

            6.   Hair, tanning, and nail salons; personal care services;

            7.   Massage therapy and day spas;

            8.   Stores selling books, clothing, and dry goods;

            9.   Income fax return preparers;

            10.   Repair of TV's, bicycles, clocks, watches, shoes, guns, canvas products, appliances and office equipment;

            11.   Tailoring and shoe repair; and

            12.   Locksmith.

         (b)   Type II retail. Type II retail uses generally serve groups of neighborhoods and are appropriate near neighborhood edges and along collector streets. Type II retail uses are larger in scale and intensity than Type I retail uses, but do not exceed 5,000 square feet and do not include any outdoor storage or display. Examples of Type II retail uses include bars, nightclubs, and pool halls; stores selling, leasing, or renting consumer, home and business goods, whether new or used, including alcohol for off-site consumption; art, art supplies, electronic equipment, fabric, furniture, flowers, groceries and food sales; household products, jewelry, recorded music, pets, pet food, pharmaceuticals, plants, printer material, stationary, and videos; photocopy and blueprint services; psychics and mediums; funeral homes and mortuaries. Any Type I retail use exceeding 2,500 square feet in size shall be classified as a Type II retail use.

         (c)   Type III retail. Type III retail uses are appropriate along major thoroughfares like Folly Road north of the island and in primarily nonresidential areas. These types of retail uses generally provide a range of goods and services that are regional in scale, and have the highest square footage and intensities of the retail use types, are generally accessed by auto, and often include some form of outdoor storage or display. Examples of Type III retail uses include 24-hour or convenience type stores that sell gasoline; shopping centers with more than three tenants; home improvement, hardware, and garden supply stores; building material sales; rental equipment yards; and machinery sales.

   (I)   Storage.

      (1)   Characteristics. Storage uses provide separate storage areas for individual or business uses. Self-storage areas are designed to allow private access by the tenant for storing or removing personal property. Outdoor storage is defined as the keeping of material, junk, goods, vehicles, or merchandise in an unroofed area.

      (2)   Accessory uses. Accessory uses may include living quarters for a resident manager, security and leasing offices, and outside storage of recreational vehicles. Use of the storage areas for sales, service, repair, or manufacturing operations is not considered accessory to the use. The rental of trucks or equipment is also not considered accessory to the use.

   (J)   Tourist accommodations.

(Ord. 05-10, passed 3-23-10; Am. Ord. 03-12, passed 2-21-12; Am. Ord. 03-13, passed 4-9-13; Am. Ord. 26-17, passed 1-9-18; Am. Ord. 11-18, passed 11-13-18; Am. Ord. 13-18, passed 12-4-18; Am. Ord. 28-19, passed 9-10-19)

   (A)   Household living.

      (1)   Multi-family dwelling. Multi-family dwellings shall comply with the following standards:

         (a)   Parking structures may be permitted as an accessory use to serve any multi-family development provided the structure does not exceed 34 feet in height (from the top of the first living floor surface) and provided its visual impact on adjacent lands is mitigated through building placement, screening, or architectural treatment.

         (b)   Multi-family structures shall be subject to the maximum height of the district where located, and shall not exceed two stories of heated floor area.

      (2)   Two-family dwelling.

         (a)   Two-family dwellings shall comply with the standards in § 166.05-03, Single- and Two-Family Design Standards.

         (b)   Nothing in this ZDO shall prevent a two-family dwelling on a lot in the RTF District from consisting of two detached structures.

   (B)   Group living.

      (1)   Group day care home. The number of children shall be limited to a maximum of eight children, including residents.

      (2)   Family day care home. The number of children shall be limited to a maximum of five children, including the residents.

(Ord. 05-10, passed 3-23-10; Am. Ord. 26-17, passed 1-9-18; Am. Ord. 11-21, passed 5-11-21; Am. Ord. 001-25, passed 2-11-25)

   (A)   Institutions.

      (1)   Religious or civic institutions. Religious or civic institutions shall:

         (a)   Be located on a parcel or site that fronts an arterial or collector street; and

         (b)   Comply with the standards in § 164.03-03(A), Day Care, if such accessory uses are included.

   The Zoning Administrator shall have the authority to grant modifications to any of the standards listed in this section in order to eliminate a substantial burden on religious exercise as guaranteed by the federal Religious Land Use and Institutionalized Persons Act of 2000 (42 U.S.C. § 2000), as amended. In granting such a

modification, the Zoning Administrator may require conditions consistent with the federal act that will secure substantially the objectives of the modified standard and that will substantially mitigate any potential adverse impact on the environment or on adjacent properties.

      (2)   Medical treatment facility. A medical treatment facility or outpatient facility in the DC or IC zoning districts shall:

         (a)   Not exceed 2,500 square feet of floor area; and

         (b)   Be configured to minimize the impact of visitor and patient activities on surrounding uses.

   (B)   Marine-related.

      (1)   Docks and piers. Docks and piers shall comply with all applicable federal and state regulations.

      (2)   Marinas. Marinas shall comply with the following standards:

         (a)   Each lot containing a marina shall have a minimum lot frontage of 100 linear feet;

         (b)   Exterior lighting shall comply with the standards in § 166.10, Exterior Lighting, and shall be directed and shielded so as to avoid glare on adjacent residential uses;

         (c)   Storage buildings and other accessory structures associated with a marina located on a lot within the RSF or RTF Districts shall be of a residential character; and

         (d)   All applicable federal and state laws.

   (C)   Utilities.

      (1)   Telecommunications facility, collocation.

         (a)   On existing towers. Telecommunications facilities may be collocated on existing towers, buildings, or similar structures if they comply with the following standards:

            1.   It is demonstrated the tower or structure can accept the additional loading created by the collocation.

            2.   A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless a monopole is determined more appropriate at the specific location.

            3.   All ground-based equipment complies with the landscaping and security fencing requirements for wireless communications towers in § 164.03-02(C)(2), Telecommunications Facility, Freestanding.

         (b)   On existing buildings. Telecommunications facilities can be collocated on existing buildings, provided:

            1.   The antenna and supporting electrical and mechanical equipment shall be of a neutral color that is identical to, or compatible with, the color of the structure on which it is located to make the antenna and related equipment as visually unobtrusive as possible.

            2.   The antenna is not extended more than 30 feet above the highest point of the building or structure.

            3.   No antenna is within ten feet of a lot line abutting a street, or within five feet of another lot line.

            4.   No dish antenna with a total surface area of ten square feet or greater is located on the roof of a structure located in the RSF or RTF Districts.

            5.   Ground-based equipment complies with the landscaping and security fencing requirements in § 164.03-02(C)(2), Telecommunications Facility, Freestanding.

      (2)   Telecommunications facility, freestanding. All freestanding telecommunications facilities shall comply with the following requirements:

         (a)   Removal of abandoned facilities. A tower that has not been operated for a continuous period for 120 days shall be considered abandoned. The city may require an abandoned tower to be removed. The owner of such tower shall remove the tower within 30 days of receipt of written notice from the city. If the tower is not removed within 30 days, the city may remove it at the owner's expense and any special exception approval of the tower shall be deemed to have expired.

         (b)   Exemptions. The following shall be exempt from the standards of this section (but shall be required to comply with other relevant standards in this ZDO, such as accessory use or design standards):

            1.   Receive-only television or radio antennas for non-commercial use.

            2.   Antennas legally operated by FCC-licensed amateur radio operators.

         (c)   Color.

            1.   Freestanding telecommunications facilities shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color (i.e., light grey) to reduce visual obtrusiveness.

            2.   At a freestanding telecommunications facilities site, the design of buildings and related structures shall, to the maximum extent practicable, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

         (d)   Setbacks.

            1.   Freestanding towers, guy anchors, and equipment buildings shall meet the minimum setback requirements for the zoning district where located (See Chapter 165: Dimensional Standards).

            2.   A freestanding tower shall be setback a minimum distance equal to one-half the height of the tower from any single- or two-family dwelling. For guyed towers, the setback shall be measured from a line connecting the outermost anchor points for guy wires.

         (e)   Height. The height of a freestanding tower shall not exceed 200 feet.

         (f)   Lighting. Night-time strobe lighting shall not be incorporated unless required by the Federal Communications Commission, Federal Aviation Administration or other regulatory agencies.

         (g)   Signage. The freestanding tower or antenna shall not include signage.

         (h)   Landscaping. Freestanding telecommunications facilities shall comply with the following landscape standards:

            1.   Freestanding telecommunications facilities (including equipment structures and cabinets) shall be landscaped with a buffer of plant materials that effectively screens the view of the ground-based portion of the tower facility from existing residential development.

            2.   Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.

         (i)   Separation. If an applicant proposes a new freestanding telecommunications facility within 1,200 feet of an existing freestanding telecommunications facility, the applicant shall submit a statement indicating the reasons why the existing tower(s) was inadequate or unavailable for collocation. The Zoning Administrator shall allow the owner of such existing tower an opportunity to comment prior to making a decision.

         (j)   Collocation. New freestanding towers shall be designed to accommodate the present and future needs of the owner and at least one comparable user. Unused space on an existing tower shall be made available to other users at a fair market value.

         (k)   Single lot. Towers, guy anchors, equipment buildings, and any other appurtenances related to a freestanding telecommunications facility shall be located on a single parcel or tract of land.

         (l)   Safety.

            1.   Freestanding towers shall be designed to meet the wind loading requirements specified in the American National Standards Institute TIA-222-F Report (as amended).

            2.   The owner/applicant shall provide assurance the structural integrity of towers and antenna will continue to comply with state and federal standards, the city's Building Code, and the applicable standards for towers published by the American National Standards Institute, as amended. (If, upon inspection, it is

determined a tower fails to comply with such standards and constitutes a danger to persons or property, the owner shall be notified that the owner has 30 days to bring the tower into compliance. Failure to bring the tower into compliance within 30 days shall constitute grounds for the removal of the tower at the owner's expense).

         (m)   Security fencing. Towers, guy anchor supports, and ground-based equipment buildings shall be enclosed by security fencing not less than six feet in height and equipped with an appropriate anti-climbing device.

         (n)   Radiation reporting. It shall be demonstrated the proposed tower, antenna, and supporting equipment complies with FCC non-ionizing radiation requirements for individual and combined facilities.

         (o)   Interference. No freestanding telecommunications facility, antenna, or supporting equipment shall interfere with equipment operated by the Charleston International Airport or radio equipment operated at a fixed site by the city.

         (p)   Compliance with state or federal laws and regulations. Towers and antennas shall meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government that regulates towers and antennas. If such standards and regulations change, owners shall be responsible for bringing the towers and antennas into compliance with the changed standards and regulations within six months of their effective date, unless a different compliance schedule is mandated by the controlling regulations. (Failure to maintain freestanding telecommunications facilities in compliance shall constitute grounds for removal of the tower or antenna, at the owner's expense.)

         (q)   Franchises and licenses. It shall be demonstrated all franchises and licenses required by law for the construction or operation of a tower or antenna have been obtained.

         (r)   Availability of other suitable locations. New freestanding towers shall not be permitted unless the applicant demonstrates that no existing freestanding communication tower or other structure can accommodate the applicant's needs. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's needs shall be signed by a registered engineer and shall demonstrate at least one of the following:

            1.   No existing communication towers or structures at a suitable height are located within the geographic area required to meet the applicant's engineering requirements;

            2.   Existing freestanding towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment;

            3.   The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing towers or structures, or the antennas on the existing towers or structures would cause interference with the applicant's proposed antenna; or

            4.   The applicant demonstrates that there are other limiting factors that render existing towers and structures unusable.

      (3)   Utility, major. An electrical power facility, substation, or transmission station shall comply with the following standards:

         (a)   Be within reasonable proximity of the area to be served by the facility;

         (b)   Be set back a minimum of 100 feet from property lines to ensure it does not have an adverse impact on surrounding uses.

      (4)   Utility, minor. A minor utility use shall comply with the following standards:

         (a)   Be located within reasonable proximity of the area to be served;

         (b)   Provide adequate setbacks, screening, and buffering around the perimeter of the proposed use if it is deemed necessary to ensure land use compatibility with surrounding uses.

(Ord. 05-10, passed 3-23-10)

   (A)   Day care. All day care facilities are permitted subject to the following standards:

      (1)   Day care facilities shall comply with all applicable state regulations.

      (2)   A day care facility operated by, and located on the site of, a religious institution may be allowed as an accessory use only if found to be compatible with adjacent areas in terms of hours of operation, noise, lighting, parking, and similar considerations.

      (3)   In the DC District, day care facilities shall not exceed a gross floor area of 1,000 square feet, and shall provide services primarily to the surrounding neighborhood.

      (1)   Not be permitted in any residential district of the city.

      (2)   Limit street frontage in the DC District to 100 feet.

      (3)   Provide at least two 96-gallon roll cart trash cans beginning January 1, 2022. Each trash can must:

         (a)   Remain accessible during the operating hours of the commercial parking lot.

         (b)   Be screened from off-site views and adjacent rights-of-way in conjunction with § 164.04-05.

         (c)   Be maintained in a clean and orderly condition.

      (4)   Provide delineation in the form of fencing to distinguish public rights-of-way from private property beginning January 1, 2022.

         (a)   Such use shall comply with the location standards established by the State of South Carolina.

         (b)   Hours of operation shall be limited to the time frame between 12:00 noon and 2:00 a.m.

         (a)   Book sales and magazines sales, where either the advertising or the displays or signs in or out of the location offer written materials showing specified sexual activities or specified anatomical areas (this does not apply to the availability for sale of any material displayed in a way that only the name of the book or magazine appears);

         (b)   Movie theaters offering movies or other displays showing specified sexual activities or specified anatomical areas;

         (c)   Any type theater or establishment offering any kind of show emphasizing specified sexual activities or specified anatomical areas;

         (d)   Any coin-operated devices and any place offering coin-operated devices which show specified sexual activities or specified anatomical areas; and

         (e)   Any cabaret, club or tavern offering any entertainment showing specified sexual activities or specified anatomical areas.

         (a)   Type I retail uses shall not exceed 2,500 square feet of gross floor area per individual use or establishment.

         (b)   Type II retail uses shall not exceed 5,000 square feet of gross floor area per individual use or establishment.

            1.   Gasoline pumps, canopies, and associated service areas are prohibited in any established front yard. All pumps and canopies shall be located to the rear of the building.

            2.   All exterior lighting for the building, parking area, gas islands, and canopies shall be configured so that the source of illumination is not visible from off-site areas.

            3.   Drive-through windows, stacking lanes, and circulation shall be prohibited in the front of the building or in a side yard abutting a street.

            4.   Trash containers shall be fully screened by a wall that is constructed of the same material as the principal structure. Trash containers shall be located so as to minimize their visibility from adjacent public streets or other public gathering areas.

            5.   A wall, fence, or hedge with a minimum height of three feet shall be installed along any street frontage adjacent to any parking or vehicular use area. Such hedges, walls, or fences may be built along property lines or as a continuation of the principal structure’s building wall.

            6.   Signs attached to the canopy shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached.

      (1)   The minimum lot area shall be least two acres.

      (2)   The only commercial uses permitted on site shall be the rental of storage bays and the pickup and deposit of goods or property in dead storage.

      (3)   Storage bays shall not be used to manufacture, fabricate, or process goods; service or repair vehicles, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity on the site.

      (4)   No more than one security or caretaker quarters may be developed on the site.

      (5)   Individual storage bays or private postal boxes within a self-service storage facility use shall not be considered premises for the purpose of assigning a legal address.

      (6)   Except as provided in this subsection, all property stored on the site shall be entirely within enclosed buildings.

      (7)   Open storage of recreational vehicles, travel trailers, and dry storage of pleasure boats of the type customarily maintained by persons for their personal use shall be permitted within a self-service storage facility use, provided that the following standards are met:

         (a)   The storage shall occur only within a designated area, which shall be clearly delineated;

         (b)   The storage area shall not exceed 25% of the buildable area of the site;

         (c)   Outdoor storage areas shall be located to the rear of the principal structure and be screened with a wooden fence or masonry wall no less than eight feet in height;

         (d)   Storage shall not occur within the area set aside for minimum building setbacks;

         (e)   No dry stacking of boats shall be permitted on site; and

         (f)   No vehicle maintenance, washing, or repair shall be permitted.

      (1)   Be screened with a wooden fence or masonry wall no less than eight feet in height in accordance with § 166.09, Fences and Walls. The height of materials and equipment stored shall not exceed the height of the screening fence or wall; and

      (2)   Not allow customer or vehicular circulation to occur through the area used for outdoor storage.

         (a)   Bed and breakfasts shall obtain a business license prior to operation;

         (b)   The bed and breakfast shall be accessory to the structure’s principal use as a dwelling, and the operators shall permanently reside on the premises;

         (c)   The structure shall maintain an exterior appearance that is in character with surrounding residential uses;

         (d)   A maximum of four sleeping rooms may be available for transient occupancy, and in no event shall a sleeping room be occupied by a guest for more than seven consecutive days;

         (e)   Cooking facilities shall not be permitted within individual sleeping rooms, and food may be served only to overnight guests;

         (f)   Each sleeping room shall be served by a separate smoke detector and shall include a graphic depiction of a fire escape plan;

         (g)   Common dining or gathering areas shall not be leased for social events;

         (h)   All off-street parking areas for the use shall be on the site, located within side or rear yard areas, screened in accordance with this ZDO, and shall not include exterior lighting mounted higher than six feet above grade; and

         (i)   Bed and breakfast inns shall not be located within 200 feet of another bed and breakfast inn or group living facility.

         (a)   Individual hotel or motel establishments shall be limited to a maximum number of ten guest sleeping rooms per establishment.

         (b)   Hotels, motels, and inns shall not be located within 200 feet of another tourist accommodation or group living facility.

      (1)   Outdoor retailers shall operate only on lots that have frontage on Center Street, East Ashley Avenue, and East Arctic Avenue in the Downtown Commercial or Island Commercial Zoning Districts.

      (2)   The property on which the business will be operated contains adequate space to support the proposed outdoor retail sales without encroaching into or creating a negative impact on existing buffers, landscaping, or traffic movements.

      (3)   A lot may have one outdoor retailer at a time per 2625 square feet. Multiple retailers may occupy the same lot, but at no time can the number of retailers operating exceed the maximum number allowed on the lot.

      (4)   If there is more than one outdoor retailer on a lot, the space used by each outdoor retailer must be at least five feet away from any part of the space being used by any other outdoor retailer.

      (5)   The business will be located so as not to interfere with the normal operation of any other permitted use of the property.

      (6)   The business will not cause interference with the movement of vehicular or pedestrian traffic to such an extent that adequate police, fire, or other emergency services cannot be provided.

      (7)   The hours of operation of the business will be from no earlier than 7:30 a.m. to no later than 10:00 p.m., except for food and beverage sales.

      (8)   Beginning January 1, 2022, no outdoor retaileroffering the sale of food or beverage shall be located on a property that does not provide at least one restroom facility. If the property has more than two vendors, there should be at least two restroom facilities. Restroom facilities may be permanent or temporary and must:

         (a)   Remain open and accessible during the hours during the operating hours of any business on the property.

         (b)   Be screened from off-site views and adjacent rights-of-way in conjunction with § 164.04-05. Screening enclosures must be approved by the Zoning Administrator.

         (c)   Be maintained in a clean and orderly condition.

         (d)   Include a hand washing or sanitization station inside or in close proximity of the restroom.

         (e)   Be located within 50 feet of the vendor(s) which it serves.

      (9)   No business activity shall occur on a street, sidewalk, right-of-way, beach or other public property or interfere with the public’s use of such public property unless the business has a franchise from the city or is being operated as part of a special event regulated by Ch. 153, Special Events, etc.

      (10)   The business shall pick up, remove, and properly dispose of all trash or refuse created by the business as often as needed and at the end of business hours. Beginning January 1, 2022, no outdoor retailer offering the sale of food or beverage shall be located on property that does not provide at least one 96-gallon roll cart trash can per outdoor retailer. Each trash can must:

         (a)   Remain accessible during the operating hours of any business on the property.

         (b)   Be screened from off-site views and adjacent rights-of-way in conjunction with § 164.04-05.

         (c)   Be maintained in a clean and orderly condition.

      (11)   The business shall not change locations within the City without prior notice to and permission from the city.

      (12)   The business shall comply with all other applicable provisions of the Folly Beach Code of Ordinances and the laws and regulations of South Carolina and the United States.

      (13)   Outdoor retailers located in the Island Commercial (IC) Zoning District shall be located only in commercial parking lots with more than ten spaces.

      (14)   No more than one outdoor retailer shall operate in any commercial parking lot located in the IC Zoning District.

      (15)   All aspects of an outdoor retailer business must be adequately secured against windstorms or be capable of being moved to a secure place quickly when a windstorm is approaching. In addition, an outdoor retailer business must be capable of being moved within 24 hours of getting notice from the city of an approaching tropical storm or hurricane.

(Ord. 05-10, passed 3-23-10; Am. Ord. 34-12, passed 3-12-13; Am. Ord. 03-13, passed 4-9-13; Am. Ord. 30-17, passed 10-10-17; Am. Ord. 13-18, passed 12-4-18; Am. Ord. 023-21, passed 9-14-21; Am. Ord. 024-21, passed 9-14- 21; Am. Ord. 003-22, passed 5-10-22)

   This section authorizes the establishment of accessory uses and structures that are incidental and customarily subordinate to principal uses. The city's intent is to allow a broad range of accessory uses, so long as such uses

are located on the same site as the principal use, and so long as they comply with the performance standards set forth in this section in order to reduce potentially adverse impacts on surrounding properties.

(Ord. 05-10, passed 3-23-10)

   (A)   Compliance with ZDO requirements. All accessory uses, structures, and activities shall be subject to the applicable general, dimensional, operational, and use-specific regulations set forth in this ZDO, including the regulations that apply to the associated principal use (including the development standards in Chapter 166: Development Standards). In case of any conflict between the accessory use standards of this section and any other requirement of this ZDO, the standards of this section shall control.

   (B)   Time of establishment. An accessory use or structure may be approved in conjunction with approval of the principal use or structure; however, no accessory use or structures shall be established on the subject parcel until after a certificate of occupancy has been issued for the principal use.

   (C)   General standards. All accessory uses and structures shall:

      (1)   Directly serve the principal use or structure;

      (2)   Be customarily accessory and clearly incidental and subordinate to the principal use or structure;

      (3)   Be subordinate in area, extent, and purpose to the principal use or structure;

      (4)   Be owned or operated by the same person as the principal use or structure;

      (5)   Be located on the same lot as the principal use or structure or on a contiguous lot;

      (6)   Together with the principal use or structure, not violate the bulk, density, parking, landscaping, or open space standards of this ZDO; and

      (7)   Not constitute a combination use, which is the combination of two principal uses (combination uses will not meet the above standards in terms of being subordinate or providing service to the principal use).

      (8)   Not be rented or used in exchanged for compensation separately from associated primary use.

Unless otherwise specified in this section, any accessory use or accessory structure shall be treated as a permitted use in the zoning district in which it is located.

   (D)   Location of accessory structures. Unless otherwise specified, all accessory structures shall comply with the following general location requirements:

      (1)   An accessory structure may be located only to the side or rear of the lot, and shall not be within a front yard area.

      (2)   Detached accessory structures shall be located at least five feet from any lot line and ten feet from any other principal or accessory structure.

      (3)   An accessory garage may be attached to the principal building by an open breezeway or similar structure.

      (4)   No accessory structure shall be located within any platted or recorded easement or over any known utility.

   (E)   Maximum height. The maximum allowed height for an accessory structure shall be 15 feet from grade, but in no case shall an accessory structure be taller than the associated principal structure.

   (F)   Maximum floor area.

      (1)   Accessory to residential uses. The combined floor area of all detached accessory structures accessory to residential uses shall consist of no more than 30% of the total floor area of the principal structure.

      (2)   Accessory to nonresidential uses. For uses accessory to nonresidential uses, the following standards shall apply:

         (a)   If located in a detached structure, the maximum floor area shall be limited to no more than 10% of the lot area; and

         (b)   If located within the principal structure, the maximum floor area shall be limited to a maximum of 30% of the gross floor area of the principal structure.

   (G)   Residential occupancy prohibited. No accessory structure shall be used for residential occupancy.

(Ord. 05-10, passed 3-23-10; Am. Ord. 022-21, passed 9-14-21; Am. Ord. 023-24, passed 1-14-25)

   (A)   Table as guide. Table 164.02, Table of Permitted Accessory Uses, is established as a guide to identify the appropriateness of the more common accessory uses in each zoning district.

   (B)   Listed accessory uses. Table 164.02, Table of Permitted Accessory Uses, lists what types of accessory uses, structures, and activities are allowed in each of the zoning districts. If a specific accessory use is allowed in a zoning district, the column underneath the zoning district is marked with a "P." If the accessory use or structure is not allowed in a zoning district, the column is left blank. If there is a reference contained in the column entitled "Additional Standards," refer to the cited section(s) for additional standards that apply to the specific accessory use.

   (C)   Interpretation of unidentified accessory uses. The Zoning Administrator shall evaluate potential accessory uses that are not identified in Table 164.02, Table of Permitted Accessory Uses, on a case-by-case basis, as an interpretation (See § 162.03-14). In making the interpretation, the Zoning Administrator shall apply the following standards:

      (1)   The definition of "accessory use", see Chapter 161: Definitions, and the general accessory use standards established in § 164.04-02, General Development and Operational Standards;

      (2)   The additional regulations for specific accessory uses established in § 164.04-05, Standards for Specific Accessory Uses and Structures;

      (3)   The purpose and intent of the zoning district in which the accessory use is located (See Chapter 163: Zoning Districts.);

      (4)   Any potential adverse impacts the accessory use may have on other lands in the area, compared with other accessory uses permitted in the zoning district;

      (5)   The compatibility of the accessory use, including the structure in which it is housed, with other principal and accessory uses permitted in the zoning district.

   (D)   Table of Permitted Accessory Uses. Table 164.02, Table of Permitted Accessory Uses, specifies the zoning district where accessory uses may be permitted.

 

(Ord. 05-10, passed 3-23-10)

   The following activities shall not be regarded as accessory to a principal use on any site and are prohibited in all zoning districts:

      (1)   Any person planning to sleep overnight in a travel trailer, recreational vehicle, or similar arrangement must first register with the City Clerk's office in City Hall and receive a permit that shall be displayed in a window of the trailer or vehicle.

      (2)   In no case shall a travel trailer, recreational vehicle, or similar arrangement be used for overnight sleeping for more than seven consecutive days.

      (3)   A travel trailer, recreational vehicle, or similar arrangement may only be used for overnight sleeping if it is parked on a lot that is occupied by a full time resident.

      (4)   No travel trailer, recreational vehicle, or similar arrangement shall be allowed to tie in to the sewer system or septic system of any property nor shall it be allowed to use a generator.

      (5)   The use of a travel trailer, recreational vehicle, or similar arrangement as a rental accommodation shall be prohibited.

      (6)   No more than one travel trailer, recreational vehicle, or similar arrangement shall be located on private property at any one time.

      (7)   If the primary residence becomes uninhabitable and is being repaired, a travel trailer, recreational vehicle, or similar arrangement may be occupied by the property owner for up to six months.

      (8)   A resident shall not sleep overnight on the property in a travel trailer, recreational vehicle, or similar arrangement while the resident's house on the property is being rented.

   (B)   Use of motor vehicle or trailer for sales, service, storage, or other business. The use of any motor vehicle, trailer, or shipping container as a structure in which, out of which, or from which any goods are sold or stored, any services performed, or other businesses conducted, shall be prohibited in all zoning districts. However, this subsection shall not prohibit the following:

      (1)   The sale of food products at a city-approved event;

      (2)   Use of a motor vehicle, trailer, or shipping container in connection with an approved recycling operation;

      (3)   Use of a trailer or shipping container in conjunction with construction authorized by a valid building permit; or

      (4)   Use of a trailer or shipping container for the temporary loading and unloading of goods, provided that no individual trailer or container is in place longer than 48 hours.

      (5)   Outdoor retailers with a valid business license.

(Ord. 05-10, passed 3-23-10; Am. Ord. 27-16, passed 5-9-17)

   (A)   Boat or marine repair (outdoor). Boat or marine repair occurring outdoors shall:

      (1)   Not include the dry stacking of boats or hulls;

      (2)   Occur to the side or rear of a principal structure; and

      (3)   Be fully screened from single- or two-family structures on a different lot.

   (B)   Food sales (indoor). Food sales occurring as an accessory use shall comply with the following standards:

      (1)   The amount of square footage utilized by food sales operations (including preparation, sales, and storage, but not including dining) shall not exceed 30% of the principal use where located.

      (2)   To the maximum extent practicable, food sales areas shall be internal to the principal use they serve.

      (3)   Entrance to the food sales area shall be via the principal use it serves, and food sales uses shall not have dedicated off-street parking areas or signage.

   (C)   Home occupations. A home occupation shall be permitted as accessory to any principal dwelling unit, provided that:

      (1)   Size/area. The business or service is located within the dwelling or an associated accessory building, and does not exceed 30% of the heated floor area of the principal structure or 600 square feet, whichever is less.

      (2)   Employees and residency.

         (a)   The principal person or persons providing the business or service resides in the dwelling on the premises.

         (b)   The home occupation employs no more than one person who does not reside on the premises.

      (3)   Neighborhood compatibility.

         (a)   The home occupation causes no change in the external appearance of the existing dwelling and structures on the property.

         (b)   All vehicles used in connection with the home occupation are of a size, and located on the premises in such a manner, so as to not disrupt the quiet nature and visual quality of the neighborhood, and there are no more than two vehicles per home occupation.

         (c)   There is sufficient off-street parking for patrons of the home occupation, with the number of off-street parking spaces required for the home occupation to be provided and maintained in addition to the space or spaces required for the dwelling itself in accordance with § 166.06, Off-Street Parking and Loading.

         (d)   There are no advertising devices on the property, or other signs of the home occupation, which are visible from outside the dwelling or accessory building.

         (e)   The property contains no outdoor display or storage of goods or services that are associated with the home occupation.

         (f)   Wholesale or retail sales of goods do not occur on the premises.

         (g)   The home occupation does not create traffic or parking congestion, noise, vibration, odor, glare, fumes, or electrical or communications interference which can be detected by the normal senses off the premises, including visual or audible interference with radio or television reception.

   (D)   Laundry facilities. Laundry facilities shall be internal to the use they serve, be accessed from the principal use, and shall not have dedicated parking or signage.

   (E)   Neighborhood recreation center. A neighborhood recreation center shall:

      (1)   Provide parking in accordance with the standards for an outdoor commercial recreation use, except that the total number of off-street parking spaces may be reduced by 0.25 spaces for every dwelling unit within 500 feet of the lot or site containing the center; and

      (2)   Be surrounded by a fence meeting the standards of § 166.09, Fences and Walls.

   (F)   Outdoor display and sales. It is the intent of this ZDO to allow the display of merchandise for sale, but not where the display of such items impedes the flow of pedestrian or vehicular traffic, or creates an unsafe condition. This shall not include hazardous and flammable materials, such as gasoline, oil, antifreeze, kerosene, poisons, pesticides and similar items. The display of goods shall meet all of the following standards.

      (1)   Procedure. All applications for a site plan, § 162.03-06, or zoning permit, § 162.03-13, must show the location of such areas in accordance with this section.

      (2)   Location and dimensions.

         (a)   All outdoor display of goods shall be located immediately adjacent to the storefront, or building sides, and not in drive aisles, loading zones, fire lanes, or parking lots.

         (b)   Outdoor display areas shall be limited to no more than one-half of the length of the store front or building side, unless increased by the Zoning Administrator after taking into account aesthetic and safety concerns.

         (c)   The area used for outdoor display or sales shall not occur on the rear of buildings.

         (d)   In the case of a shopping center, the "storefront" shall include the entire frontage of the shopping center, meaning that the total amount of display for all the in-line tenants combined shall not exceed 50% of the aggregate store front of the total shopping center.

         (e)   The area of outdoor display or sales shall not encompass the width of the entrance doors to the establishment as projected straight out from the facility. (For example, if the width of the entrance doors is ten feet, there shall be at least a ten-foot clearance from the doors as projected straight out and away from the facility.)

         (f)   The height of the outdoor display shall not exceed six feet.

         (g)   The outdoor display area shall take place on an improved surface such as the sidewalk or pavement.

      (3)   No pedestrian obstruction. At least five feet along the parking lot side of the display shall be maintained free of obstruction to allow for pedestrian and handicap movement, such that handicapped pedestrians and others do not have to enter the parking lot or drive aisle to walk around the display.

      (4)   Temporary sales distinguished. The provisions of this section shall not apply in cases of temporary sales events, such as weekend sidewalk sales, seasonal sales and other similar temporary uses. See § 164.05, Temporary Uses and Structures, for regulations applying to temporary sales.

   (G)   Outdoor storage (as an accessory use). Outdoor storage (as an accessory use) shall meet all of the following standards:

      (1)   Each outdoor storage area shall be incorporated into the overall design of the principal structure on the site and shall be located at the rear of the principal structure.

      (2)   Goods stored in an outdoor storage area which are intended for re-sale shall be limited to those sold on the premises as part of an associated, additional principal use.

      (3)   Each outdoor storage area shall be screened from view from all property lines and adjacent rights-of-way by an opaque fence or wall between six and eight feet in height that incorporates at least one of the predominant materials and one of the predominant colors used in the primary structure. Materials may not be stored higher than the height of the primary structure.

      (4)   A landscaped earth berm may be used instead of or in combination with a fence or wall.

      (5)   If the outdoor storage area is covered, then the covering shall include at least one of the predominant exposed roofing colors on the primary structure.

      (6)   No materials may be stored in areas intended for vehicular or pedestrian circulation.

   (H)   Retail sales and services.  

      (1)   All retail sales shall be conducted within the same structure housing the principal use, and no outdoor retail sales activity shall be allowed.

      (2)   There shall be no additional advertising for the retail sales operation.

      (3)   Maximum gross floor area of the accessory retail use shall be either 10% of the total gross floor area of the principal use or 2,500 square feet, whichever is less.

      (4)   Parking for the retail accessory use is provided according to the off-street parking standards for retail uses as stated in Table 166.07, Minimum Off-Street Parking Standards.

   (I)   Swimming pool or hot tub. Swimming pools, hot tubs, and ornamental ponds, and pools shall comply with the following standards:

      (1)   All swimming pools shall be located at least five feet from any lot line.

      (2)   All swimming pools and ornamental ponds and pools having a depth greater than 24 inches and all hot tubs and spas shall be enclosed by fencing of a type that is not readily accessible by children and that contains no opening larger than four inches.

      (3)   Fencing shall be not less than four feet in height and, if equipped with a gate, shall have a latch.

      (4)   In lieu of fencing, spas and hot tubs may have a lockable cover capable of supporting a minimum of 150 pounds, and such cover shall be locked when the spa or hot tub is not in use.

   (J)   Vehicle storage. Storage of vehicles, trailers, or major recreational equipment that does not have a current license plate shall only occur within an enclosed structure or be screened from off-site views.

(Ord. 05-10, passed 3-23-10)

   This section allows for the establishment of certain temporary uses of limited duration, provided that such uses are discontinued upon the expiration of a set time period. Temporary uses do not involve the construction or alteration of any permanent building or structure.

(Ord. 05-10, passed 3-23-10)

    Table 164.03, Temporary Uses and Structures, summarizes the temporary uses and structures that are allowed within the city and any general or specific standards that apply. Temporary uses or structures not listed in Table 164.03, Temporary Uses and Structures, are not allowed by this ZDO.

 

(Ord. 5-10, passed 3-23-10; Am. Ord. 27-13, passed 2-25-14)

   Without limiting the standards of this ZDO, the following activities are prohibited in all districts:

   (A)   Retail sales or display of goods, products, or services within the public right-of-way except as part of an authorized not-for-profit, special, or city-recognized event.

   (B)   Except as part of a permitted seasonal sale, retail sales or display of goods, products, or services from a motor vehicle, trailer, or shipping container.

(Ord. 05-10, passed 3-23-10)

   All temporary uses and structures required to obtain a temporary use permit in accordance with Table 164.03, Temporary Uses and Structures, shall obtain a temporary use permit in accordance with § 162.03-12, Temporary Use Permit. A temporary use permit shall be reviewed, approved, approved with conditions, or denied only in accordance with the standards of this section.

(Ord. 05-10, passed 3-23-10)

   All temporary uses, structures, or special events shall meet the following general standards, unless otherwise specified in this ZDO:

   (A)   The temporary use or structure shall not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.

   (B)   All temporary uses, even those requiring no temporary use permit shall be subject to the requirements in the city Code of Ordinances or other provisions related to business licenses, vendor permits, or other city authorization.

   (C)   The temporary use or structure shall not have substantial adverse effects or noise impacts on nearby residential neighborhoods.

   (D)   The temporary uses shall comply with all applicable standards of § 164.05-05, General Standards for All Temporary Uses and Structures, and § 164.05-06, Specific Regulations for Certain Temporary Uses and Structures, unless otherwise expressly stated.

   (E)   Permanent alterations to the site are prohibited.

   (F)   Temporary signs associated with the temporary use or structure shall be removed when the activity ends.

   (G)   The temporary use or structure shall not violate any applicable conditions of approval that applies to a principal use on the site.

   (H)   If the property is undeveloped, it shall contain sufficient land area to allow the temporary use or structure to occur, as well as adequate land to accommodate any parking and traffic movement associated with the temporary use, without disturbing environmentally-sensitive lands. No temporary use shall disturb beach dunes and related vegetation.

   (I)   If the property is developed, the temporary use or structure must be located in an area that is not actively used by an existing approved principal use, which would support the proposed temporary use without encroaching or creating a negative impact on existing buffers, open space, landscaping, traffic movements, pedestrian circulation, sensitive or protected resources, or parking space availability.

   (J)   Tents and other temporary structures will be located so as to not interfere with the normal operations of any permanent use located on the property.

   (K)   Adequate off-street parking shall be provided to accommodate the proposed temporary use.

   (L)   All inspections and permits required by applicable building codes shall be approved by the appropriate person or agencies.

(Ord. 05-10, passed 3-23-10; Am. Ord. 27-13, passed 2-25-14)

   (A)   Expansion or replacement of existing facilities.

      (1)   Purpose and scope. Factory-fabricated, transportable buildings that are designed to arrive at the site ready for occupancy (except for minor unpacking and connection to utilities), may be placed on land to serve as the following:

         (a)   Expansion space for existing religious institutions, health care facilities, and government offices, provided plans for the permanent expansion of the existing facilities have been submitted to and been approved by the city.

         (b)   Temporary classroom space to augment an existing public school.

         (c)   Temporary offices for construction and security personnel during the construction of a development for which the city has issued a building permit.

         (d)   Temporary quarters for nonresidential uses when the permanent building has been destroyed by a fire or other physical catastrophe, provided a building permit for the permanent facility is obtained within four months after approval of the temporary quarters. The Zoning Administrator may approve a written request for an extension of an additional 90 days for good cause shown. Failure to obtain a building permit within the time frame allowed will revoke approval for the temporary quarters.

         (e)   One temporary office per site to include, but not be limited to, the following uses: hiring, membership solicitation, multiple family development office/leasing, and other general office uses. The number of modular buildings housing such uses shall be limited to one, in addition to those already allowed by this section. Such modular buildings shall not be placed on the property prior to the issuance of a building permit.

         (f)   A temporary residence used for housing occupants of an on-site existing principal dwelling unit subject to casualty damage.

      (2)   Standards. In addition to meeting the general standards of § 164.05-05, General Standards for All Temporary Uses and Structures, all temporary structures approved in accordance with this section shall meet the following standards:

         (a)   Temporary structures allowed under § 164.05-06(A), Expansion or Replacement of Existing Facilities, may be located anywhere on site, except within the following areas:

            1.   Existing required landscaping or perimeter buffer areas;

            2.   Areas designated as future required landscaping areas whether or not vegetation currently exists; and

            3.   Other areas designated on the site for open space, vehicular use, or ingress/egress.

         (b)   In addition to any other off-street parking required on the site in accordance with § 166.06, Off-Street Parking and Loading, adequate off-street parking shall be provided for the temporary use;

         (c)   All permits required by applicable building, electrical, plumbing, and mechanical codes shall be obtained prior to installation of the temporary structure; and

         (d)   The temporary structure shall be compatible with the existing buildings on the site in terms of exterior color.

      (3)   Duration.

         (a)   Temporary structures under this subsection may remain on the site for no more than 12 months. This period may be renewed for two 12-month periods, for good cause shown, upon approval of a written request for such extension, submitted to the Zoning Administrator, 30 days prior to the expiration of the temporary use permit. Except for temporary classrooms, in no event, shall the extension allow the temporary structure to remain on the site for more than two years.

         (b)   Temporary classrooms for use as part of an existing school may be allowed to remain on the site for longer than two years.

   (B)   Temporary storage in a portable shipping container, POD, or similar device. Temporary storage in a portable shipping container, POD, or similar device shall be subject to the standards in this section.

      (1)   To the maximum extent practicable, portable shipping containers shall not be located in the front yard.

      (2)   No portable shipping container shall be located within ten feet of any lot line.

      (3)   The on-site placement of a portable shipping container for temporary storage shall be allowed on an individual parcel or site for no more than 90 total days in any rolling 12-month period unless located on an active construction site or approved by the Building Official.

      (4)   Any portable shipping container, POD, or similar device used for storage between May 1st and December 1st shall be anchored to prevent flotation, collapse or lateral movement of the structure.

      (5)   Any portable shipping container, POD, or similar device used for storage remaining more than 90 days shall be considered an accessory structure and be subject to all relevant building and zoning codes.

      (6)   The Building Official must approve the simultaneous placement of more than one portable shipping container per site.

         (a)   The outdoor display or sale of goods consistent with the provisions of § 164.04-05(F), Outdoor Display and Sales, is considered an accessory use and does not require a temporary use permit.

         (b)   All other sales/displays of goods (other than agricultural products) require a temporary use permit in accordance with § 162.03-12, Temporary Use Permit, and this subsection.

         (a)   The property contains an area that is not actively used that will support the proposed temporary sale of products without encroaching into or creating a negative impact on existing buffers, open space, landscaping, traffic movements, or parking space availability.

         (b)   The proposed display or sale of goods, products, or services for commercial purposes may not occur within 200 feet of a residential dwelling unit.

         (c)   A temporary display or sale of products, goods or services for commercial purposes shall be limited in scope to similar or complimentary products, goods, or services to those offered by the existing principal use located on the same site. The temporary sale of non-agricultural products, goods, or services that differ from the normal range of those offered by an existing principal use shall be prohibited.

         (d)   Tents and other temporary structures will be located so as not to interfere with the normal operations of any permanent use located on the property.

         (e)   Off-street parking is adequate to accommodate the proposed sale of products.

         (f)   The temporary sale of products will not cause interference with the movement of emergency vehicles to such an extent that adequate police, fire, or other emergency services cannot be provided.

         (g)   The hours of operation of the temporary sale of products shall be from no earlier than 7:30 a.m. to no later than 10:00 p.m., or the same as the hours of operation of the principal use, whichever is more restrictive.

         (a)   The temporary sale of non-agricultural products shall be allowed on an individual parcel or site for no more than 120 total days per calendar year.

         (b)   The number of temporary sales of products per site per calendar year shall not exceed three.

(Ord. 05-10, passed 3-23-10; Am. Ord. 27-13, passed 2-25-14; Am. Ord. 022-21, passed 9-14-21)