Folly Beach City Zoning Code

CHAPTER

166: DEVELOPMENT STANDARDS

§ 166.07 TRANSPORTATION IMPACT ANALYSIS.

(Reserved).

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

§ 166.08-06 Additional Sign Standards in the Commercial Districts.

In addition to the standards of § 166.08-05, Standards for Signs Requiring Sign Permits, all signs requiring Sign Permits, including wall signs, (See § 162.03-11) shall comply with the standards of Table 166.10, Specifications for Signs Requiring Permits by Zoning District.

TABLE 166.10: SPECIFICATIONS FOR SIGNS REQUIRING PERMITS BY ZONING DISTRICT
ZONING DISTRICT	SIGN TYPE/LOCATION	MAXIMUM AREA (square feet)	ADDITIONAL STANDARDS (1)
DC	Sign on commercial lot	20 per sign	Maximum of 4 signs on any lot
DC	Sign on vacant lot	3
IC	Sign on commercial lot	20 per sign	Maximum of 4 signs on any lot
IC	Sign on vacant lot	20
MC	Business identification sign	20	May be illuminated so long as it does not illuminate any residential structures
CC	Sign on commercial lot	80 total for 4 or fewer signs	Maximum of 4 signs on any lot
CC	Sign on vacant lot	20	Maximum of 4 signs on any lot
NOTES: (1) All freestanding signs shall be at least five feet from any wall, fence, or any other structure that would prevent a clear passage around the sign.

(Ord. 05-10, passed 3-23-10; Am. Ord. 04-18, passed 9-25-18)

§ 166.08-07 Nonconforming Signs.

Existing nonconforming signs, and signs rendered nonconforming by the adoption of this ZDO (or any amendment thereto) shall be controlled by the standards in § 168.05, Nonconforming Signs.

(Ord. 05-10, passed 3-23-10; Am. Ord. 04-18, passed 9-25-18)

§ 166.11 AFFORDABLE HOUSING.

(Reserved).

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

§ 166.12 PROTECTION OF HISTORIC SITES AND STRUCTURES.

(Reserved).

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

§ 166.13 PEDESTRIAN IMPROVEMENTS.

(A) Purpose and intent. The intent of these provisions is to promote the construction of multi-use paths within the commercial districts to provide safe routes for pedestrians and bicyclists.

(B) Applicability. The requirements of this section shall apply to all properties in the Island Commercial District and Downtown Commercial District for which City Council has approved a conceptual plan for multi-use paths located in the right-of-way adjacent to the property.

(C) A separated 12-foot multi-use path shall be installed adjacent to all parcels in an areas with an approved conceptual plan for multi-use paths upon the construction of any new commercial or residential structure as well as upon the substantial improvement of any existing commercial or residential structure.

(1) The city shall be responsible for the final design, engineering, and permitting along with associated costs for each section of the path.

(2) The construction costs shall be paid by the property owner. Upon request, the city may assist with bidding for construction.

(3) The approved conceptual design may be altered by the city if conflicts with trees, utilities, or other conditions exist that would render the required width unfeasible.

(Ord. 015-22, passed 6-14-22)

§ 166.01-01 Purpose and Intent.

This section is intended to:

(A) Preserve the visual and aesthetic qualities of Folly Beach;

(B) Ensure that excessive tree cutting does not reduce property values;

(D) Establish the standards of review for tree alteration permits (See § 162.03-10);

(E) Encourage site design techniques that preserve the natural environment and enhance the developed environment;

(F) Control erosion and sediment run-off into waterways;

(G) Improve surface drainage and minimize flooding;

(H) Protect wildlife and marine habitat; and

(I) Conserve energy, reduce noise, heat, and glare caused by excessive tree cutting;

(J) Promote commerce and tourism by buffering different uses and beautifying the landscape.

(Ord. 05-10, passed 3-23-10; Am. Ord. 29-12, passed 3-12-13; Am. Ord. 029-21, passed 12-14-21)

§ 166.01-02 Applicability.

(A) Tree alteration permit required.

(1) General. No removal of trees or pruning of limbs over six inches diameter at the nearest juncture, shall occur prior to issuance of a tree alteration permit (See § 162.03-10, Tree Alteration Permit). All fees collected for the issuance of a tree alteration permit shall be placed in the Folly Beach Tree Fund.

(2) Responsibility for compliance. Review for compliance with the standards of this section shall occur at the time of application for a site plan, § 162.03-06; minor subdivision, § 162.03-07(C); preliminary plat for subdivision, § 162.03-07(D); planned development, § 162.03-02; or tree alteration permit, § 162.03-10, whichever occurs first.

(B) Trees designated as protected trees. Table 166.02, Protected Trees, sets out the types and sizes of trees to be treated as protected trees. Trees not meeting the minimum size requirements in Table 166.02 shall not be considered protected trees.

TABLE 166.02: PROTECTED TREES
SPECIES	COMMON NAME	MINIMUM SIZE (inches) (1)
Magnolia grandiflora	Southern Magnolia	12 (DBH)
Quercus Phellos	Willow Oak	12 (DBH)
Magnolia virginiana	Sweet Bay Magnolia	12 (DBH)
Quercus virginiana	Live Oak	6 (DBH)
Quercus launfolia	Laurel Oak	12 (DBH)
Acer rubrum	Red Maple	12 (DBH)
Juniperus virginiana	Eastern Red Cedar	12 (DBH)
Sabal palmetto	Cabbage Palm or Sabal Palm	12 (DBH)
Ilex opaca	American Holly	12 (DBH)
Cornus florida	Flowering Dogwood	12 (DBH)
NOTES: (1) DBH = Diameter at breast height measured 4.5 feet above grade.

(1) Removal of dead and nuisance vegetation. The removal of dead or naturally fallen trees or vegetation, or vegetation that is determined by the Building Official to be a nuisance or threat to the public health, safety, or welfare.

(2) Maintaining clear visibility. The selective and limited removal of trees or vegetation necessary to obtain clear visibility at driveways or intersections, or for the purpose of performing authorized field survey work.

(3) Removal of trees on city land. Removal of trees on city-owned land and public rights-of-way.

(4) Period of emergency. Removal of trees threatening life, property, or other trees during or immediately after dangerous weather conditions such as those associated with hurricanes, tornados, or floods.

(5) Silviculture. Any legally established silviculture use conducted in accordance with South Carolina Forestry Commission requirements.

(Ord. 05-10, passed 3-23-10; Am. Ord. 29-12, passed 3-12-13; Am. Ord. 25-16, passed 1-10-17; Am. Ord. 029-21, passed 12-14-21)

§ 166.01-03 Retention of Trees.

(A) Retention of protected trees. No protected tree may be removed during or after development, except in accordance with § 166.01-03(C), Removal of a Protected Tree. In addition, all protected trees shall have the following protections, whether located on public or private land:

(1) Cutting, removal, or harm prohibited. Protected trees shall not be cut, removed, pushed over, killed, or otherwise harmed. No protected tree shall be cut in such a manner as to remove limbs greater than six inches in diameter measured at the nearest juncture.

(2) Public utilities and electric suppliers. Public utilities and electric suppliers shall employ best management practices in regard to tree trimming and removal.

(a) Annually, public utilities and electric suppliers shall submit to the city their plans for tree trimming and/or tree removal. All plans must meet ANSI A300 Standards.

(b) Tree trimming and removal by utilities, other than the removal of healthy, nonthreatening trees, shall be allowed without a report during a period of emergency, such as hurricane, tornado, ice storm, flood or any other such act of nature.

(B) Retention of non-protected trees. In no case shall the total number of trees with 12-inch DBH or greater, whether protected or non-protected, be reduced to less than 12 trees per acre excluding palmetto trees. This requirement may be satisfied by the retention of non-protected trees or the planting of new shade trees as identified by the South Carolina Forestry Commission.

(C) Removal of a protected tree. The Building Official shall allow removal of protected trees under one of the following conditions:

(1) Removal of a severely diseased, high risk, or dying tree. A protected tree is certified by an ISA certified arborist or SC registered landscape architect arborist certified in the State of South Carolina as severely diseased, high risk, or dying. A severely diseased, high risk, or dying protected tree shall be exempt from § 166.01-03(E), Replacement/Mitigation of Trees.

(2) Removal on single-family and two-family lots. A healthy protected tree is located within the footprint of a proposed dwelling, onsite waste water system, or the access thereto, provided the arrangement of such features is the least impactful to protected trees, and the landowner complies with all mitigation standards.

(3) Removal of hazardous trees. A protected tree is certified by an arborist or other qualified professional as posing a threat to public safety or to the safety of a structure. A hazardous tree shall be exempt from § 166.01-03(E), Replacement/Mitigation of Trees.

(4) Removal on commercial lots. A healthy protected tree is located within the footprint of a proposed structure, or the access thereto, provided the arrangement of such features is the least impactful to protected trees, and the landowner complies with all mitigation standards.

(D) Removal of non-protected trees. Any tree that is not listed in Table 166.02, Protected Trees, may be removed from a lot without cause. A person removing a healthy non-protected tree with at least 12-inch DBH shall be responsible for mitigation in accordance with § 166.01-03(E)

(E) Replacement/mitigation of trees. A person causing the destruction or removal of a healthy tree shall be responsible for the following mitigation:

(1) Replacement trees required. Each healthy protected or non-protected tree removed or destroyed shall be replaced with the minimum number of trees necessary to achieve an equivalent amount of trunk diameter.

(a) For protected trees with DBH greater than 18 inches, the replacement trees required shall be a minimum number of trees necessary to achieve an equivalent amount of trunk diameter equal to 1.5 times the diameter of those trees removed or destroyed.

(b) For protected trees with DBH greater than 24 inches, the replacement trees required shall be the minimum number of trees necessary to achieve an equivalent amount of trunk diameter equal to two times the diameter of those trees removed or destroyed.

(2) Replacement of protected trees shall be of the same species as the tree removed or an accepted shade tree species as identified by the South Carolina Forestry Commission. Replacement of non-protected trees shall be from trees listed in Table 166.02.

(a) Location of replacement trees. Replacement trees shall be either planted on the parcel of land from which the protected tree was removed if sufficient space is available, placed on nearby public lands in accordance with § 166.02-08, Alternative Landscaping Plan, or substituted with fee-in-lieu to the city’s Tree Fund.

(b) Replanting period. Replacement trees shall be provided within 12 months of the removal or destruction of the protected tree(s). For those trees removed for the purpose of new construction or substantial improvement to a structure, replacement trees shall be provided prior to the issuance of a certificate of occupancy.

(c) Establishment period. Replacement trees shall be maintained through an establishment period of at least two years. The applicant shall guarantee the survival and health of all replacement trees during the establishment period and guarantee any associated replacement costs (See § 167.03, Performance Agreements). If the replacement trees do not survive the establishment period, the applicant shall purchase and install new replacement trees.

(3) Mitigation for the removal of protected and non-protected trees may be satisfied by the payment of a fee in lieu of mitigation.

(a) The value of the fee in lieu of mitigation shall be determined by the computing the average of two written quotes for cost of replacement trees required in § 166.01-03(E). For non-protected trees, the fee shall be calculated on written quotes for the species of tree being removed. The written quotes will be provided by the applicant and sourced from a person with credentials acceptable to the Zoning Administrator.

(b) A fee in lieu of mitigation must be paid at the time of application for a permit to remove a protected tree or at the time of payment of any fine related to unlawful removal or destruction of a protected tree.

(Ord. 05-10, passed 3-23-10; Am. Ord. 20-10, passed 9-28-10; Am. Ord. 29-12, passed 3-12-13; Am. Ord. 19-13, passed 12-10-13; Am. Ord. 25-16, passed 1-10-17; Am. Ord. 029-21, passed 12-14-21; Am. Ord. 007-24, passed 1-14-25)

§ 166.01-04 Tree Protection During Construction.

(A) Protective barricades required. Protective barricades including silt fencing shall be placed around all protected trees and grand trees located in development areas, and designated to be saved, prior to the start of development activities, and shall remain in place until development activities are complete. Protective barricades must use temporary chain link fencing for grand trees 24-inches DBH or greater. Orange construction fencing for all others. The fencing must contain the entire tree drip line; there maybe no trenching or grade changes within the zone.

(B) Paving or soil compaction prohibited. Except when authorized by an approved alternative landscaping plan (See § 166.02-08). paving within the drip line of a protected tree shall be prohibited. When authorized, the area within the drip line of any protected tree shall not be subject to paving or soil compaction greater than 10% of the total drip line square footage or within 12 feet of the tree trunk.

(C) Mulch required. A two inch layer of mulch shall be applied over the area within the tree protection barricades as well as the surface of exposed roots within the drip line during development.

(Ord. 05-10, passed 3-23-10; Am. Ord. 29-12, passed 3-12-13; Am. Ord. 25-16, passed 1-10-17; Am. Ord. 029-21, passed 12-14-21)

§ 166.01-05 Penalty.

The penalty for removing an existing tree or a limb greater than six inches at the nearest juncture without a permit shall be $500 and each tree removed in violation shall count as a separate offense.

(Ord. 25-16, passed 1-10-17)

§ 166.02-01 Purpose and Intent.

It is the purpose of this section to promote and protect the public health, safety and general welfare by providing for the planting, maintenance, and preservation of trees, shrubs and other plants within the city. The intent of this section is to promote this purpose by:

(A) Ensuring and encouraging the planting, maintenance, restoration and survival of trees, shrubs and other plants;

(B) Ensuring the protection of community residents and visitors from personal injury and property damage, and the protection of the city from property damage, caused or threatened by the improper planting, maintenance or removal of trees, shrubs or other plants;

(D) Reducing stormwater runoff and the costs associated therewith;

(E) Preserving and protecting the water table and surface waters;

(F) Restoring soils and land denuded as a result of construction and grading;

(G) Protecting and enhancing property values and aesthetic qualities; and

(H) Providing visual screening, where appropriate.

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

§ 166.02-02 Applicability.

Except for new single- and two-family dwellings established after March 23, 2010, these standards shall apply to all new development in the city. Review for compliance with the standards of this section shall occur at the time of site plan, § 162.03-06; planned development master plan, § 162.03-02; or subdivision preliminary plat, § 162.03-07(D), as appropriate.

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

§ 166.02-03 General Requirements For Landscaping.

(A) Landscape plan.

(1) In order to ensure compliance with the standards of this section, a landscape plan that demonstrates how landscaping will be planted on a development site shall be included with or as a part of any application for a site plan, § 162.03-06; planned development master plan, § 162.03-02; or subdivision preliminary plat, § 162.03-07(D).

(2) Minor revisions to approved landscape plans may be necessary due to lack of plant availability, and may be approved by the Zoning Administrator if:

(a) There is no reduction in the quantity of plant material;

(b) There is no significant change in size or location of plant materials; and

(c) The new plants are of the same general category (e.g., shade tree, ornamental tree, evergreen, or shrub) and have the same general design characteristics (e.g., mature height, crown spread) as the materials being replaced.

(B) Existing vegetation and site features.

(1) Existing viable trees located within a required landscaping area shall be preserved and credited toward standards for the type of landscaping required, to the maximum extent practicable.

(2) Existing berms, walls, or fences (excluding chain link fencing) located within a required landscaping area may be credited towards the required landscaping provided these elements are in good repair.

(3) If existing vegetation and other site features do not fully meet the standards for the type of landscaping required, then additional vegetation or site features (including fences) shall be planted or installed within the required landscaping area.

(4) Other existing site features located within a required landscaping area which do not assist in meeting the standards of this section shall be screened or removed.

(1) Minimum size.

(a) Deciduous canopy or shade trees shall have a minimum height of eight feet and be a minimum of two inches in caliper at the time of planting, as determined in the American Standard for Nursery Stock, ANSI Z60.1-2004, as amended.

(b) Understory, small maturing, or ornamental trees shall have a minimum height of six feet and be a minimum of one-and-one-fourth inches in caliper at time of planting, as determined in the American Stdndard for Nursery Stock, ANSI Z60.1 -2004, as amended.

(c) Evergreen trees shall have a minimum height of six feet and be a minimum of two inches in caliper at the time of planting.

(d) Multi-stem trees, whether canopy or understory, shall have at least three stalks and be a minimum of eight feet in height above ground level at the time of planting.

(e) Large shrubs shall have a container size of at least three gallons, and shall be at least three feet in height at the time of planting, and shall reach the required minimum performance height within four years of installation.

(f) Small shrubs shall have a container size of at least two gallons, and shall be at least two feet in height at the time of planting, and shall reach the required minimum performance height within five years of installation.

(g) In cases where an aggregate caliper inch (ACI) requirement is utilized to derive a required amount of vegetation, and the ACI figure includes a fraction, an applicant may:

1. Utilize a tree or trees with a caliper inch measurement exceeding the minimum size at time of planting standard of this subsection in order to meet the required ACI; or

2. Round the ACI figure upwards until the figure corresponds with a whole number of trees meeting the minimum size at time of planting standard.

3. When trees exceeding the minimum size at time of planting standard are proposed, the minimum calipers of such trees shall be clearly noted on the site plan, or subdivision preliminary plat (as appropriate).

4. In cases where application of the requirements in this subsection result in a fraction in the number of shrubs to be provided, the minimum number of shrubs to be provided shall be rounded upwards to the next highest whole number.

(2) Quality.

(a) All new plant material shall be of good qualify and free from disease. All trees shall be properly guyed and staked at the time of planting, and mulched and meet the standards set forth in the American Standard for Nursery Stock by the American Association of Nurserymen. The selection of plants, planting methods, minimum height, root ball and container size, number of branches, and width, shall conform to the American Standard for Nursery Stock published by the American Association of Nurserymen for that type of tree or shrub at the time of installation. Plant material shall be of standard quality or better, true to name and type of species or variety.

(b) The use of native, drought-tolerant vegetation is encouraged to reduce dependency upon irrigation.

(3) Plant diversity. To curtail the spread of disease or insect infestation in a plant species, new plantings shall comply with the following standards:

(a) When fewer than 20 trees are required on a site, at least two different genus shall be used, in roughly equal proportions.

(b) When more than 20 but fewer than 40 trees are required to be planted on site, at least three different genus shall be used, in roughly equal proportions.

(c) When 40 or more trees are required on a site, at least four different genus shall be used, in roughly equal proportions.

(d) Required shrubs shall use the same plant diversity requirements.

(e) Nothing in this subsection shall be construed so as to prevent the utilization of a larger number of different genus than specified above.

(4) Prohibited materials. Any tree by nature of their fruit, root system, brittleness of wood, or susceptibility to disease shall not receive credit towards the requirements of this section. Only those materials listed on the city's approved plant list shall be credited towards the requirements of this section.

(5) Stabilization.

(a) All landscape planting areas shall be stabilized and maintained with ground covers, mulches, or other approved materials to prevent soil erosion and allow rainwater infiltration.

(b) Trees shall not be planted on slopes exceeding a 4:1 horizontal-to-vertical distance.

(6) Location of plant material.

(a) No required landscaping shall be planted within a sight distance triangle at an intersection, or driveway access points unless an unobstructed view between 30 inches and 72 inches in height above grade is maintained.

(b) In cases where overhead utility lines exist, understory or small maturing trees planted a maximum of 20 feet on-center may be substituted for canopy trees.

(c) Landscaped areas within parking lots shall be separated from parking spaces, driveways, and maneuvering areas by a standard curb or other appropriate technique. This standard shall not prohibit the use of planting areas as on-site stormwater management devices.

(7) Easements.

(a) Nothing except groundcover shall be planted or installed within any underground or overhead utility, drainage, or gas easement without the consent of the utility provider, easement holder, or the city.

(b) Landscaping shall not impede the ability of the easement holder to conduct maintenance activities within the easement.

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

§ 166.02-04 Site Landscaping.

(A) Purpose. Site landscaping material is intended to replenish the tree canopy in developed areas, soften the visual impact of building foundations, and provide for the even dispersal of trees and shrubs across development sites.

(B) General. Site landscaping, for the purpose of this section, is landscaping that is not:

(1) Required vehicular use area landscaping;

(2) Located within a required perimeter buffer strip; or

(3) Required screening.

(C) Site landscaping standards. Except for new single- and two-family dwellings, site landscaping shall be required for all development, and shall be supplied in the amounts identified in Table 166.03, Required Site Landscaping Plantings. Site landscaping shall meet the minimum size standards for new planting specified in § 166.02-03(C)(1), Minimum Size.

TABLE 166.03: REQUIRED SITE LANDSCAPING PLANTINGS
USE TYPE	TYPE OF LANDSCAPING MATERIAL (1)
USE TYPE	CANOPY TREES (ACI)	UNDERSTORY TREES (ACI)	MINIMUM NUMBER OF LARGE SHRUBS (#) (2)
Multi-family residential use	18/acre	5/acre	1/every 5 feet of total building perimeter
Institutional use	12/acre	8.75/acre	2/every 5 feet of total building perimeter
Nonresidential use	10/acre	7.5/acre	4/every 5 feet of total building perimeter
NOTES: (1) Existing trees located outside of a tree protection zone may be credited towards these requirements provided the vegetation is not prohibited and meets the minimum size requirements in § 166.02-03(C)(1), Minimum Size. (2) Required shrubs shall be placed around building foundations visible from public rights-of-way with adequate on-center spacing to allow proper growth. Required shrubs not needed for foundation screening shall be dispersed across the site.

(D) Fee-in-lieu. In cases where the configuration or topographical constraints of an existing site make the placement of all required site landscaping impractical, the Zoning Administrator may approve payment of a fee-in-lieu paid into the city's designated tree fund through the submittal of an alternative landscaping plan (See § 166.02-08).

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

§ 166.02-05 Vehicular Use Area Landscaping.

(A) Interior landscaping standards.

(1) Applicability. Except for single-and two-family residential uses, the standards in this subsection shall apply to all surface parking lots with five or more parking spaces.

(2) General interior landscaping standards. All parking lots shall provide and maintain landscaped planting areas within the interior of the parking lot. These standards shall not apply to parking structures or vehicle display areas.

(3) Size. Each planting area shall contain minimum areas in accordance with § 166.02-05(4), Design, and in all instances, the planting area shall be adequate to accommodate the root growth of the plant material used. The size of the planting area and size of plant material at maturity shall allow for a two-and-one-half foot bumper overhang from the face of the curb.

(4) Design. Interior planting areas shall be designed within parking areas as:

(a) Islands located at the end of parking bays, with a minimum size of 135 square feet for single loaded parking rows, and a minimum size of 270 square feet for double loaded bays;

(b) Islands located mid-way in parking bays with 40 or more spaces such that no more than 15 spaces shall be located in a continuous row without being interrupted by a landscaped island with a minimum size of 135 square feet for single loaded bays and 270 square feet for double loaded bays.

(d) Islands used to visually separate parking areas and accommodate required pedestrian pathways in surface parking lots with 500 or more parking spaces;

(e) Driveway medians shall have a minimum width of four feet for medians with shrubs, six feet for medians with shrubs and understory trees and nine feet for medians with canopy deciduous or evergreen trees.

(5) Planting rates. Each interior planting area shall contain trees and shrubs at the following rates:

(a) Trees shall be required at the minimum rate of two caliper inches of canopy tree for every 2,000 square feet, or portion thereof, of the total vehicular use area, except for location directly under overhead utilities, where understory trees may be substituted for canopy trees;

(b) Large shrubs shall be required at the minimum rate of one shrub per every 500 square feet, or portion thereof, of the total parking lot area;

(c) As a general guide, one tree island should be located at approximately 15 space intervals, in accordance with § 166.02-05(4), Design;

(d) No parking space shall be separated from the trunk of a shade or canopy tree by more than 60 feet (perimeter vehicular use area landscaping or other required landscaping may be used to meet this requirement); and

(e) All landscape planting areas shall be stabilized and maintained with ground covers, mulches, or other approved materials to prevent soil erosion and allow rainwater infiltration.

(6) Screened backfill. Soil utilized in parking lot islands, driveway medians, and other areas internal to a vehicular use area shall be screened prior to deposition in planting areas.

(7) Distribution. Landscaped planting areas shall be distributed throughout the parking area for the purpose of heat abatement.

(8) Protection of planting areas. All planting areas shall be protected from vehicle damage by the installation of curbing, wheel stops, or other comparable methods.

(B) Perimeter landscaping standards. In addition to the interior vehicular use area landscaping standards set forth in § 166.02-05(A), Interior Landscaping Standards, vehicular use areas shall be screened from view of public streets and adjacent residential uses. Where a vehicular use area abuts a street right-of-way, vacant land within a residential district, or existing residential development, the following standards shall apply:

(1) Continuous visual screen. Perimeter landscaping for vehicular use areas shall form a continuous visual screen, excluding required sight clearances at driveways.

(2) Minimum width.

(a) The minimum average width for any perimeter landscaping strip shall be ten feet measured at ten-foot intervals along the property lines, with the minimum width for any perimeter landscaping strip being five feet.

(b) The perimeter landscaping strip shall be protected from vehicular intrusion by the installation of curbing, wheel stops, extra width in the buffer yard, or other comparable methods approved by the Zoning Administrator.

(3) Location. Perimeter landscape strips for screening vehicular use areas shall be located on the lot, and shall be placed to assure visibility and safety of pedestrians on the public street, as well as those within the vehicular use area.

(4) Minimum height. Plant materials shall be maintained at a minimum height of four feet above the surface elevation of the adjacent vehicular use area, provided the installation meets all state and federal highway sight distance standards.

(5) Required materials.

(a) Evergreen shrubs shall be used to form the continuous visual screen in the perimeter landscaping strip.

(b) In addition to the evergreen shrub requirements, each perimeter landscaping strip shall include at least eight aggregate caliper inches (ACI) of canopy or understory trees per every 100 linear feet of landscaping strip.

(6) Adjacent to perimeter buffers. Perimeter landscape strips may be credited towards perimeter buffer (See § 166.02-06) standards provided that the minimum standards of this landscaping strip width requirements subsection are maintained.

(7) Adjacent to off-street surface parking on other lots. In cases where two or more off-street surface parking lots are located adjacent to one another, but upon different lots, no perimeter landscaping materials shall be required.

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

§ 166.02-06 Perimeter Buffers.

(A) Applicability. Unless exempted in accordance with an approved alternative landscaping plan (See § 166.02-08), all development shall provide a perimeter buffer to separate that use from adjacent uses in accordance with the standards in this subsection. The buffer shall have the width, amount of vegetation, and other features to properly mitigate the negative effects of contiguous incompatible uses.

(B) Types of buffers. Table 166.04, Buffer Types, describes the four different types of buffers and their configurations. In cases where a buffer includes a wall or fence, the wall or fence shall comply with the standards of § 166.09, Fences and Walls.

TABLE 166.04: BUFFER TYPES
Buffer Type (1)	Minimum Width (feet)	Minimum Opacity (2)	Min. Tree Height at Maturity (feet) (3)	Plant Count (# per 100 linear feet) (4)		Maximum On-Center Spacing (feet) (5)		Min. % Evergreen Species
Buffer Type (1)	Minimum Width (feet)	Minimum Opacity (2)	Min. Tree Height at Maturity (feet) (3)	Trees	Shrubs	Trees	Shrubs	Trees	Shrubs
A	10	40% - 60%	10	2	10	50	10	30%	50%
B	12	60% - 80%	20	2.85	16.5	35	6	40%	60%
C	16	80% - 100%	30	5	25	20	4	50%	75%
D	48	100%	30	5	25	20	4	50%	75%
NOTES: (1) Each buffer type may be supplemented with a wall or fence provided installation of such features shall not damage or destroy existing vegetation located within the perimeter buffer. Use of a fence or wall meeting the standards of § 166.09, Fences and Walls, will reduce the minimum buffer width by 50% and the plant count by 75%. (2) This figure measures the amount of visual separation provided by the buffer. A 100% opaque buffer should result in complete visual separation from grade to a minimum height at maturity within the time frame specified in § 166.02-03(C)(1), Minimum Size. (3) Shrubs shall be at least three feet tall at time of planting. (4) Existing viable vegetation meeting the minimum size requirements of § 166.02-03(C)(1), Minimum Size, shall be retained and credited towards the plant count requirements. (5) Measured in linear feet on-center. Maximum spacing may be increased through approval of an alternative landscaping plan (See § 166.02-08). This figure is the maximum unobstructed distance between two shrubs at the time of planting.

(C) Buffer type application. Table 166.05, Buffer Application, below, specifies the type of perimeter buffer that must be installed by a developing use based upon the adjacent base zoning district.

TABLE 166.05: BUFFER APPLICATION
BASE ZONING DISTRICT	ADJACENT BASE ZONING DISTRICT (1)
BASE ZONING DISTRICT	RSF, RTF	RMF, DC	IC, MC	CC
RSF, RTF	N/A	B	C	D
RMF, DC	B	N/A	A	B
IC, MC	C	A	N/A	A
CC	D	B	A	N/A
NOTES: (1) Letters in the cells correspond to the buffer types depicted in Table 166.04, Buffer Types. (2) N/A = Not Applicable

(D) Responsibility for buffer installation.

(1) Vacant parcels. Where a developing parcel is adjacent to a vacant parcel, the developing parcel shall provide a minimum of one-half of the perimeter buffer required adjacent to the vacant land.

(2) Existing land uses. Where a developing parcel is adjacent to an existing use, the developing parcel shall provide the full perimeter buffer required adjacent to the existing use in accordance with Table 166.05, Buffer Application, unless a portion or all of a perimeter buffer that complies with the standards of this section already exists between the lots. Where all or part of a perimeter buffer exists, but the buffer does not fully comply with the standards of this section, the developing parcel shall be responsible for providing all the additional planting material necessary to meet the standards of this section.

(E) Location of buffers. Perimeter buffers required by this section shall be located along the outer perimeter of the lot or site and shall extend to the lot boundary line or right-of-way line; however, the perimeter buffer may be located along shared access easements between parcels in nonresidential developments.

(F) Development within required buffers.

(1) The required buffer shall not contain any development, impervious surfaces, or site features that do not function to meet the standards of this section or that require removal of existing vegetation, unless otherwise permitted in this ZDO.

(2) Sidewalks and trails may be placed in perimeter buffers if damage to existing vegetation is minimized to the maximum extent practicable.

(3) Overhead and underground utilities, if allowed by the city, are permitted in buffers, but shall minimize the impact to vegetation to the maximum extent practicable. In cases where required landscaping material is damaged or removed due to utility activity within a required buffer, the landowner shall be responsible for replanting all damaged or removed vegetation necessary to ensure the buffer meets the standards in the ZDO.

(G) Off-site easements for perimeter buffers. Permanent off-site landscaping easements may be used to satisfy a portion of the perimeter buffer requirements in accordance with an alternative landscaping plan, § 166.02-08, provided the size or shape of the developing lot restricts the ability to develop the site while also meeting the requirements of this section. Such easements shall be recorded prior to or in conjunction with approval of a site plan, § 162.03-06, or subdivision preliminary plat, § 162.03-07(D), as appropriate.

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

§ 166.02-07 Screening.

(A) General requirements. In addition to the site landscaping, perimeter buffer, and vehicular use area landscaping standards in this section, screening shall be required to conceal specific areas of high visual or auditory impact or hazardous areas from both on-site and off-site views. Such areas shall be screened at all times, unless otherwise specified, regardless of adjacent uses, districts, or other proximate landscaping material.

(B) Items to be screened. The following areas shall be screened in accordance with this section:

(1) Large waste receptacles (dumpsters) and refuse collection points (including cardboard recycling containers);

(2) Loading and service areas;

(3) Outdoor storage areas (including storage tanks); and

(4) Ground level mechanical equipment and utility meters.

(C) Screening methods. The following items are permitted for use as screening materials. Alternative screening materials that are not listed may be used if it is determined they are comparable to these screening materials.

(1) Vegetative material. Planting materials meeting the opacity standards for a Type C buffer (see Table 166.04, Buffer Types) and the minimum size standards at time of planting standards of § 166.02-03(C)(1), New Planting Standards.

(2) Fencing. An opaque wooden fence, plastic, or vinyl designed fence that is configured to appear as an opaque wooden fence, measuring at least six feet in height, but not exceeding eight feet in height, that is consistent with the standards in § 166.09, Fences and Walls. When wood is utilized, only treated wood or rot-resistant wood, such as cypress or redwood, shall be used. Chain link, barbed wire, stock wire, hog wire, chicken wire, and similar type fences are not permitted.

(3) Masonry walls. Masonry walls measuring at least six feet in height but not exceeding eight feet in height. Walls shall be constructed of brick, textured concrete masonry units, or stuccoed block.

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

§ 166.02-08 Alternative Landscaping Plan.

An alternative landscaping plan may be used where impractical situations would result from application of § 166.02, Landscaping Standards, or to replace a tree accidentally damaged in accordance with § 166.01, Tree Protection. Alternative plans, materials, or methods may be justified due to natural conditions, such as streams, waterways, topography, and physical conditions related to the site. Also, the lot configuration and utility easements may justify an alternative landscaping plan.

(A) Allowable deviations. The Zoning Administrator shall approve an alternative landscaping plan if it meets the purpose and intent of the landscaping standards in this section. Deviations from the standards of this section include, but are not limited to the following:

(1) Reduced planting rates due to public facilities. An adjustment to planting locations or reduction in the type or total number of required caliper inches when underground connections to public facilities or public utilities, or public easements or right-of-way, are located upon or in close proximity to the parcel.

(2) Reduction in standards due to nature of parcel. A reduction in the count, spacing, or species diversity standards is more desirable in terms of good landscape planning practice considering the nature of the parcel and adjacent parcels.

(3) Payment into designated tree fund. The Zoning Administrator may determine if a payment-in-lieu into the city's designated tree fund is an appropriate form of compliance with the landscaping standards in this ZDO. When a payment-in-lieu is identified as an option, the payment amount shall be proportional to the impact that is being mitigated.

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

§ 166.02-09 Other Landscape Standards.

(A) Installation time and permitted delays.

(1) Time limit. All landscaping, mulching, and seeding shall be completed in accordance with this section prior to issuance of a certificate of occupancy for the site.

(2) Requests for delay. Requests for a delay in complying with this section due to poor weather or planting conditions shall be considered in accordance with this section following a written request directed to the Zoning Administrator. Such request for a delay shall note the time frame during which the planting shall be completed.

(a) Extensions may be granted due to unusual environmental conditions such as drought, over saturated soil, or inappropriate planting, provided that the developer or the property owner provide the city with a performance guarantee in accordance with § 167.03, Performance Agreement, ensuring the installation of the remaining landscape materials. In such cases, the city may authorize Charleston County to issue a temporary certificate of occupancy for a period of 30 to 180 days, relative to the next planting season.

(b) Exceptions may be granted by the Zoning Administrator due to circumstances beyond the developer's or property owner's control, such as incomplete construction or utility work to occur in a proposed landscaped area within 30 days after expected site completion. Exceptions may be granted provided that the developer or property owner submits a letter from the utility company to the city stating the estimated installation date, and provides a performance guarantee in accordance with § 167.03, Performance Agreements, to ensure installation of the required landscaping. In such cases, the City of Folly Beach may authorize Charleston County to issue a temporary certificate of occupancy for a period not to exceed 30 days.

(B) Maintenance.

(1) Maintenance responsibility. The owner shall be responsible for the maintenance of all landscaping areas not in the public right-of-way. Such areas shall be maintained in accordance with the approved landscaping plan or alternative landscaping plan and shall present a healthy and orderly appearance free from refuse and debris. All plant life shown on an approved landscaping plan or alternative landscaping plan shall be replaced if it dies, is seriously damaged, or removed. All landscaping areas shall be maintained so as to prevent debris from washing onto streets and sidewalks.

(a) Damage due to natural occurrence. In the event that any vegetation or physical element functioning to meet the standards of this section is severely damaged due to an unusual weather occurrence or natural catastrophe, or other natural occurrence such as damage by wild or domestic animals, the owner or developer may be required to replant if the landscaping standards are not being met. The owner shall have one growing season to replace or replant. The Zoning Administrator shall consider the type and location of the landscape buffer or required vegetation area as well as the propensity for natural re-vegetation in making a determination on the extent of replanting requirements.

(b) Protection during operations. The owner or developer shall take actions to protect trees and landscaping from unnecessary damage during all facility and site maintenance operations. Plants shall be maintained in a way that does not obstruct sight distances at roadway and drive intersections, obstruct traffic signs or devices, or interfere with the use of sidewalks or pedestrian trails.

(c) Maintain shape. All required trees (whether canopy or understory) shall be maintained in their characteristic natural shape, and shall not be severely pruned, sheared, topped, or shaped as shrubs. Trees that have been severely pruned, sheared, topped, or shaped as shrubs no longer serve the intended buffering or screening function and shall be considered as damaged vegetation in need of replacement in accordance with § 166.02-09(B)(1)(a), Damage Due to Natural Occurrence, and shall be replaced within one growing season.

(d) Natural death. The natural death of existing vegetation within any required landscaping area does not necessarily constitute a violation and would not require re-vegetation to replace the plant material unless the required landscaping area no longer achieves the required standards of this section. In no instance shall this provision be construed to prevent re-planting if, in the opinion of the Zoning Administrator, the required performance standard of the landscaping is not being met.

(2) Monitoring of compliance with landscaping standards.

(a) Inspections prior to certificate of occupancy. The Zoning Administrator shall inspect the site prior to the issuance of a certificate of occupancy for the development and such permit shall not be issued if the landscaping required under this section is not living or healthy or is not installed in accordance with the approved landscaping plan or alternative landscaping plan and the standards in this section.

(b) Inspections after first year. The Zoning Administrator may inspect the site each year after the issuance of a certificate of occupancy in order to ensure compliance with the approved landscaping plan or alternative landscaping plan and to ensure that the landscaping is properly maintained. Failure to maintain required landscape areas (trees and shrubs) in accordance with the standards of this section shall constitute a violation of this ZDO.

(3) Replacement of disturbed and damaged vegetation. The disturbance of any landscaping area or vegetation required by this ZDO shall constitute a violation of these provisions. All disturbed landscaping areas and vegetation shall be replanted to meet the standards of this section.

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

§ 166.03-01 Purpose.

This section addresses the character and design of those portions of development that are not occupied by platted lots or streets and that are reserved for parks, trails, landscaping, and other open space uses.

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

§ 166.03-02 Applicability.

(A) General. Except for development exempted in accordance with § 166.03-02(C), Exemptions, these standards shall apply to all new development in the city. Review for compliance with the standards of this section shall occur at the time of site plan, § 162.03-06; planned development master plan, § 162.03-02; or subdivision preliminary plat, § 162.03-07(D), as appropriate.

(B) Conflict with other standards. In the event that open space standards in the base or overlay zoning districts conflict with the standards in this section, the standards in the base or overlay zoning district shall control.

(C) Exemptions. Land located within the DC District, and development of a single-family or two-family home on an existing platted lot shall be exempt from the open space set-aside standards in this section.

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

§ 166.03-03 General Requirements.

(A) Amounts of open space set-aside required.

(1) New residential development shall set aside at least 15% of the total project area as open space.

(2) New nonresidential and mixed-use development shall set aside at least 10% of the total project area as open space.

(B) Calculation of open space set-aside. For the purposes of complying with this section:

(1) Unique features. Natural features (riparian areas, preserved native upland ecosystems, etc.), natural hazard areas (critical areas, lands occupied by dunes, etc.), water features (canals, waterways, natural ponds, etc.), and wildlife habitat areas for threatened and endangered species shall be counted towards the open space set-aside.

(2) Required landscaping and tree protection zones. Areas occupied by required landscaping, tree protection zones, or critical root zones for protected trees shall be counted towards the open space set-aside.

(3) Active recreational areas. Land occupied as common active recreational uses such as pools, playgrounds, tennis courts, jogging trails, and clubhouses used primarily for recreation purposes shall be counted toward the minimum open space set-aside.

(4) Passive recreational areas. Passive recreation areas shall be counted towards the open space set-aside.

(5) Stormwater management devices. Land area occupied by stormwater management devices, including retention ponds, fully vegetated detention basins, and other bio-retention devices shall be counted towards the open space set-aside when such features are treated as a site amenity, and support passive or active recreation uses by providing access, and pedestrian elements such as paths, benches, and similar aspects.

(6) Land within lots subject to easements. Land within the boundary of a private lot, if it is subject to a conservation easement shall be counted towards the open space set-aside.

(7) Not counted as open space. The following areas shall not be counted as open space set-aside:

(a) Private yards not subject to an open space easement;

(b) Public or private streets or right-of-way, including sidewalks;

(d) Marshland, wetlands, and floodplains;

(e) Land covered by structures not designated for active recreational uses; and

(f) Designated outdoor storage areas.

(g) Parking areas.

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

§ 166.03-04 Design Standards For Open Space Set-Asides.

Land set aside as open space set-asides shall meet the following design standards:

(A) Location. Where relevant and appropriate, open space set-aside shall be located so as to be readily accessible and useable by residents and uses of the development. Where possible, a portion of the open space set-aside should provide focal points for the development.

(B) Configuration. The lands shall be compact and contiguous unless the land is used as a continuation of an existing trail, or specific natural or topographic features require a different configuration.

(C) Adjacent to existing or planned open space. Where open areas, trails, parks, or other public spaces are planned or exist adjacent to the parcel, the open space set-aside shall, to the maximum extent practicable, be located to adjoin, extend, and enlarge the presently existing trail, park, or other open area land.

(D) Prioritization of open space set-aside. To the maximum extent practicable, the open space set-aside should be located and organized to include, protect, or enhance as many of the following open areas and features as possible:

(1) Natural features such as critical areas, marshland, beach and dune systems, and native upland ecosystems;

(2) Water features such as drainages, canals, ditches, open water areas, natural ponds, and retention and detention ponds;

(3) Landscaped buffers or visual transitions between different types or intensities of uses;

(4) Habitat for endangered species; and

(5) Areas that accommodate multiple compatible open space uses rather than a single use.

(E) Minimum percentage devoted to active recreation.

(1) In cases where land is proposed for development of residential uses, a minimum of 20% of the open-space set-aside shall be reserved for active recreation uses as described in § 166.03-05(G), Allowable Uses in Open Space Set-Asides, but in no instance shall active recreation land exceed more than 75% of the total amount of open-space set aside.

(2) In cases where the required open space set-aside percentage is met through application of credit from a required tree protection zone (See § 166.01), or requirement for protected trees (See § 166.01-03), or located in a conservation subdivision (See § 167.02), the reservation of 20% for active recreational uses is not required.

(F) Provision in multi-phase developments. In cases where less than 100% of the total amount of open space set-aside is provided within the first phase of a multi-phase development, the balance of remaining open space set-aside required shall be apportioned into equal amounts in each of the subsequent phases (for example if a three-phase development is required to provide a total of 12 acres of open space set-aside, and provides six acres in the first phase, no less than three acres (25% of the total amount of open space set-aside) shall be provided in phase two of the development).

(G) Allowable uses in open space set-asides. Open space set-aside areas shall not be developed with any structures except for the following:

(1) Active recreation uses. Facilities for active recreation, including but not limited to: benches or other seating areas; pedestrian scaled lighting; gazebos or other decorative structures; fountains or other water features; play structures for children; gardens or seasonal planting areas; pools; athletic fields; courts; and clubhouses used primarily for recreational purposes (equipment or structures for such uses shall be indicated on the site plan, preliminary subdivision, or planned development master plan).

(2) Passive recreational uses. Passive recreational and educational purposes, including but not limited to walking, jogging, biking, picnicking, fishing, preservation of natural areas and scenic resources, parks, environmental education, and wildlife habitat protection.

(3) Conversion of uses. Nothing in this subsection shall be construed to prevent the conversion of one or more active recreational features, provided:

(a) The conversion does not violate a condition of approval or applicable planned development terms and conditions; and

(b) The converted amenity feature obtains any required site plan or other approvals.

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

§ 166.03-05 Ownership of Open Space Set-Asides.

(A) Dedicated to homeowner's or property owner's association. Wherever possible, all open space set-aside areas shall be owned jointly or in common by the owners of the development through a recognized homeowner's or property owner's association, which should be established in accordance with the following:

(1) The landowners should submit documents for the creation of the homeowners or property owners association to the city for review , including its bylaws, and all documents governing ownership, maintenance, and use restrictions for the open space set-aside, including a legal description of such areas;

(2) The landowner should agree that the association will be established by the landowner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before approval of the first final plat for subdivision of the land, or building permit, whichever occurs first; and

(3) Membership in the association would be automatic (mandatory) for all purchasers of land therein and their successors in title.

(B) Retained on private lots. All required open space set-aside areas maintained on individual building lots shall be protected as open space through the use of an easement or comparable form of set-aside assurance that insure the open space is maintained as open space set-aside consistent with the requirements of this section. Such open space set-aside shall be clearly marked on the site plan and preliminary and final subdivision plats. Any required open space areas subject to an open space easement shall be credited against any open space set-aside required.

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

§ 166.03-06 Maintenance of Open Space Set-Asides.

The owner of the land shall be responsible for maintenance of all open space set-aside areas unless accepted by the city. Failure to maintain open space set-aside areas or other community facilities in accordance with the approved site plan, § 162.03-06; final subdivision plat, § 162.03-07(D); or PD Master Plan, § 163.02-02, shall be a violation of this ZDO.

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

§ 166.04-01 Purpose and Intent.

These environmental standards are intended to protect and preserve the quality and quantity of the natural environment in the city. More specifically, the purposes of this section are to:

(A) Protect the health, safety, and welfare of the city's citizens;

(B) Decrease the degradation and restore the health of the dunes, marshes, beaches and other environmentally-sensitive areas by preventing encroachments into adjacent areas;

(D) Protect the quality of surrounding surface waters and resources; and

(E) Mitigate the erosion of beaches and dunes by developing and protecting a continuous vertical barrier along the beachfront.

(Ord. 05-10, passed 3-23-10; Am. Ord. 04-19, passed 4-9-19)

§ 166.04-02 Time of Review.

These standards shall apply to all development in the city. Review for compliance with the standards of this section shall occur at the time of site plan, § 162.03-06; zoning permit, § 162.03-13; planned development master plan, § 162.03-02; or subdivision preliminary plat, § 162.03-07(D), as appropriate.

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

§ 166.04-03 Marsh Buffers.

(A) Applicability. Unless exempted in accordance with § 166.04-03(B), Exemptions, all development in the city shall provide and maintain marsh buffers in accordance with the standards in this section.

(B) Exemptions. The following forms of development shall be exempt from these standards:

(1) Boardwalks, piers, docks, marinas, boat ramps, erosion control devices which meet the requirements of § 151.23, utilities, and sidewalks, provided such features are configured to minimize the impact on marsh areas;

(2) Mariculture uses in the MC district; and

(3) Lawfully-established primary and accessory structures or impervious surfaces in place prior to March 1, 2019. However, any subsequent redevelopment after substantial damage, or substantial improvement, or land disturbing activities other than those identified in § 166.04-03(B) shall maintain a minimum marsh buffer of at least ten linear feet landward from the critical area demarcation as identified or certified by the SCDES. In redevelopment after substantial damage, the marsh buffer area is to remain undisturbed other than the planting of native plant material as approved by the Building Official.

(C) Marsh buffer standards. Except for development identified in § 166.04-03(B), Exemptions, all new construction, substantial improvements, impervious surface or land disturbing activities shall maintain a minimum marsh buffer of 15 linear feet landward from the critical area demarcation as identified or certified by the SCDES.

(1) The marsh buffer area is to remain undisturbed other than the planting of native plant material as approved by the Building Official. In the Marsh Island Residential District the setback shall be 35 feet from the SCDES critical line.

(2) Mitigation shall be required in the event of any unauthorized disturbance of the marsh buffer. Mitigation shall consist of one planting for every 25 square feet of disturbed area with appropriate compatible native vegetation as approved by the Building Official or Zoning Administrator.

(Ord. 05-10, passed 3-23-10; Am. Ord. 02-19, passed 4-9-19; Am. Ord. 05-19, passed 4-9-19; Am. 023-24, passed 1-14-25; Am. Ord. 001-25, passed 2-11-25)

§ 166.04-05 Stormwater Management.

All development shall comply with the standards in Chapter 53 of the city Code of Ordinances related to stormwater management.

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

§ 166.04-06 Environmental Impact Analysis.

(Reserved).

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

§ 166.04-07 Standards for Waterways.

(Reserved).

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

§ 166.05-01 Purpose and Intent.

These design standards are intended to protect and preserve the quality and character of the built environment in the city. More specifically, the purposes of this section are to:

(A) Encourage high quality development as a strategy for investing in the city's future;

(B) Emphasize the city's unique community character;

(D) Shape the city's appearance, aesthetic qualify, and spatial form;

(E) Reinforce the civic pride of citizens through appropriate development;

(F) Increase awareness of aesthetic, social, environmental, and economic values;

(G) Protect and enhance property values;

(H) Minimize negative impacts of development on the natural environment;

(I) Provide property owners, developers, builders, business owners, and others with a clear and equitable set of parameters for developing land;

(J) Encourage a pedestrian- and bicyclist-friendly environment;

(K) Enhance the city's sense of place and contribute to the sustainability and lasting value of the city;

(L) Shape development in a manner that is most beneficial to the citizens of the city; and

(M) Ensure greater public safety, convenience, and accessibility through the physical design and location of land-use activities.

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

§ 166.05-02 Application to Existing Structures.

These design standards apply to all development in the city, subject to the provisions of Chapter 168: Nonconformities.

(Ord. 05-10, passed 3-23-10; Am. Ord. 034-21, passed 12-14-21)

§ 166.05-03 Single- and Two-Family Design Standards.

(A) Applicability. The single- and two-family residential standards shall apply to all single-family and two-family dwellings, subject to the provision of Chapter 168: Nonconformities.

(B) Time of review.

(1) Review of proposed development to ensure compliance with the standards of this section shall take place at the time of site plan, § 162.03-06; subdivision, § 162.03-07; planned development master plan, § 162.03-02; or zoning permit, § 162.03-13, review, whichever occurs first.

(2) Single- and two-family uses may be subject to city-imposed conditions relating to the location, configuration, and operational aspects of the use to ensure its compatibility with surrounding uses, their architectural consistency with the surrounding uses, and their compliance with the city's building codes and all relevant state laws and regulations.

(1) Maximum square footage. The maximum square footage for a single- or two-family dwelling shall be determined in accordance with the following formula:

Max. Square Footage = (Buildable lot area - 10,500) x 10%) + 3,600.

See Figure 166.05, Maximum Square Footage Calculation Examples, for example calculations.

FIGURE 166.05: MAXIMUM SQUARE FOOTAGE CALCULATION EXAMPLES
Example One	Example Two	Example Three	Example Four
For a lot with a buildable lot area of 7,500 square feet, the maximum square footage for a dwelling is 3,300 square feet: ((7,500 - 10,500 ) x 0.1) + 3,600 = 3,300	For a lot with a buildable lot area of 10,500 square feet, the maximum square footage for a dwelling is 3,600 square feet: ((10,500 - 10,500) x 0.1) + 3,600 = 3,600	For a lot with a buildable lot area of 12,500 square feet, the maximum square footage for a dwelling is 3,800 square feet: ((12,500 - 10,500) x 0.1) + 3,600 = 3,800	For a lot with a buildable lot area of 19,500 square feet, the maximum square footage for a dwelling is 4,500 square feet: ((19,500 - 10,500) x 0.1) + 3,600 = 4,500

(2) Maximum dwelling size.

(a) The total heated floor area for a single-family dwelling shall not exceed 4,500 square feet regardless of lot size.

(b) The total heated floor area for a two-family dwelling (or two detached dwellings on a single lot) shall not exceed 4,500 square feet regardless of lot size.

(3) Maximum height. The maximum height of a single- or two-family dwelling shall be in accordance with Table 165.01, Dimensional Standards.

(4) Maximum lot coverage. Impervious surfaces on lots containing single- or two-family dwellings shall be limited to a maximum of 35% of the lots high ground. For the purposes of this section, decks, porches, patios, pools, and paved areas shall be considered as impervious. Up to two gravel driveways (as allowed under § 166.06-11(B)) with no compactible subbase up to 15 feet wide each providing ingress and egress from a public road to a dwelling may be exempted from this calculation.

(5) Roof penetrations. All roof vents, pipes, antennas, satellite dishes, and other roof penetrations and equipment (except chimneys), shall be located on the rear elevations or otherwise configured to the degree practicable to have a minimal visual impact as seen from the street.

(6) Shipping containers and the like. Any shipping container, or other similar modular component, used in the construction of a residential structure shall be finished in a manner typical of residential structures including, at a minimum, painting and the removal of any and all logos, brands, lettering, and advertisements from the exterior surface.

(7) Kitchens. Only one complete interior kitchen shall be allowed per dwelling unit.

(Ord. 05-10, passed 3-23-10; Am. Ord. 022-21, passed 9-14-21; Am. Ord. 034-21, passed 12-14-21; Am. Ord. 039-21, passed 5-10-22; Am. Ord. 029-24, passed 3-11-25)

§ 166.05-04 Multi-Family Design Standards.

(A) Applicability. The standards in this section shall apply to all structures containing multi-family and townhouse units, but shall not apply to individual residential units located over a nonresidential use, subject to the provisions of Chapter 168: Nonconformities.

(B) Time of review.

(1) Review of proposed development to ensure compliance with the standards of this section shall take place at the time of site plan, § 162.03-06; subdivision, § 162.03-07; or planned development master plan, § 162.03-02, review, whichever occurs first.

(2) Multi-family uses may be subject to city-imposed conditions relating to the location, configuration, and operational aspects of the use to ensure its compatibility with surrounding uses, its architectural consistency with the surrounding uses, and its compliance with the city's building codes and all relevant state laws and regulations.

(C) Building orientation. All multi-family structures and townhouse dwellings shall be oriented so that the primary entrance(s) faces the street. In the case of corner lots, the primary entrance(s) shall face the street from which the building derives its street address.

(D) Building size.

(1) Individual building footprints shall not exceed a maximum of 15,000 square feet.

(2) The maximum length of any multi-family or townhouse structure shall be 200 linear feet, regardless of the number of units.

(3) No more than six side-by-side townhouse dwelling units shall be attached in any single structure.

(E) Height. Multi-family building heights shall not exceed two stories or 24 feet above the top of the first living floor surface.

(F) Building design.

(1) Building details, including roof forms, siding materials, windows, doors, and trim shall reflect a consistent architectural style.

(2) All sides of a multi-family or townhouse structure visible from lands occupied by or designated for single-family dwellings, an existing public street, or other public lands shall display a similar level of quality and architectural detailing.

(G) Building facades.

(1) Front facades shall incorporate wall offsets in the form of projections or recesses in the facade plane a minimum of every 30 feet of facade frontage.

(2) Wall offsets shall have a minimum depth of two feet.

(H) Shipping containers and the like. Any shipping container, or other similar modular component, used in the construction of a residential structure shall be finished in a manner typical of residential structures including, at a minimum, painting and the removal of any and all logos, brands, lettering, and advertisements from the exterior surface.

(Ord. 05-10, passed 3-23-10; Am. Ord. 11-21, passed 5-11-21; Am. Ord. 022-21, passed 9-14-21; Am. Ord. 034-21, passed 12-14-21)

§ 166.05-05 Commercial Design Standards.

(A) Applicability. The standards in this section shall apply to all new structures built for or occupied by a use listed in the Commercial Use classification portion of Table 164.01, Table of Allowed Uses, subject to the provisions of Chapter 168: Nonconformities.

(B) Exemptions. Lawfully-established commercial uses (including vacation rentals) taking place within a structure constructed as a single-family or two-family dwelling shall be exempted from these standards, but shall comply with the standards in § 166.05-03, Single- and Two-Family Design Standards.

(1) Off-street parking location.

(a) For lots within the DC District, no off-street surface parking shall be located between a building wall containing the primary entrance and the primary street the building fronts; however, parking may be permitted between a street and a secondary entrance.

(b) Off-street surface parking lots as a principal or accessory use shall not occupy visually prominent locations on lots that terminate public vistas.

(2) Internal pedestrian walkways.

(a) At least one internal pedestrian walkway with a minimum width of five feet shall be provided from the on-site pedestrian network to the public sidewalk system. In the case of corner lots, a connection shall be made to the sidewalk of both streets.

(b) All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low-maintenance surface materials such as pavers, bricks, or scored/stamped concrete or asphalt to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.

(3) Shipping containers and the like. Any shipping container, or other similar modular component, used in the construction of a residential structure shall be, at a minimum, painted with no visible logos, brands, lettering, and advertisements on the exterior surface.

(Ord. 05-10, passed 3-23-10; Am. Ord. 022-21, passed 9-14-21; Am. Ord. 034-21, passed 12-14-21)

§ 166.05-06 Transitional Design Standards.

(A) Purpose and intent. Transitional design standards are architectural elements or site aspects used to provide a transition between certain land uses in an effort to mitigate conflicts between uses. It is the intent of these standards to:

(1) Provide effective transitions between incompatible uses;

(2) Limit the excessive consumption of available land though the utilization of large vegetated buffers;

(3) Limit interruptions in vehicular and pedestrian connections created by efforts to segregate uses; and

(4) Establish or maintain vibrant pedestrian-oriented areas where differing uses can operate in close proximity to one another.

(B) Applicability. The standards in this section shall be applied by the DRB to applications for new development or redevelopment in the following instances:

(1) When lots within the DC, RC, or CC Districts abut the RSF or RTF District;

(2) When a transition between uses or different use types is needed to address a situation of incompatible land uses.

(1) Use of front, side, and rear setbacks that are within 25% of the average setbacks for existing uses on the same block face, provided no new use is closer to the right-of-way than any existing use;

(2) Limiting the facade width and height so that a new structure's facade area does not exceed the average facade area of structures on the opposing block face by more than 125%;

(3) Graduating building height and mass in the form of building step-backs or other techniques so that structures with a higher intensity have a comparable scale with adjacent structures housing lower intensity uses;

(4) Using similarly sized and patterned architectural features such as windows, doors, awnings, arcades, pilasters, cornices, wall offsets, building materials, and other building articulations included on the lower intensity use;

(5) Locating off-street parking, loading, service, and utility areas away from sensitive uses or adjacent to similar site features on surrounding sites;

(6) Limiting incompatible exterior lighting or sources of audible noise or disturbance from building facades facing lower intensity uses;

(7) Preventing abrupt changes in roof form by allowing adjacent incompatible uses to use similar roof types, slopes, or arrangements;

(8) Orienting porches, balconies, outdoor space, and other site attributes such as vending machines associated with multi-family residential development away from adjacent single-or-two family residential uses;

(9) Orienting primary building facades directly across from opposing primary facades regardless of use type (as seen in Figure 166.06, Opposing Facade Sizes); and

(10) When dealing with multi-building developments on one or more lots, establishing a continuum of use intensity where uses of moderate intensity are sited between high-intensity uses and low-intensity uses (e.g., office uses between retail and multi-family residential development).

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

§ 166.06-01 Purpose and Intent.

In order to relieve traffic congestion in the streets, to minimize any detrimental effects of off-street parking areas on adjacent lands, to ensure the proper and uniform development of parking areas throughout the city, and to encourage appropriate infill and reinvestment within established areas, off-street parking and loading spaces for each use shall be provided in accordance with the standards established in this section.

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

§ 166.06-02 Applicability.

(A) General. The off-street parking and loading standards of this section shall apply to all development in the city, except that in the downtown commercial zoning district parking shall not be required for Type I Retail and Office proposed to be located in structures constructed prior to December 4, 2018 and for which there is no increase in the square footage of the structure.

(B) Expansions and alterations. The off-street parking and loading standards of this section shall apply when an existing structure or use is expanded, enlarged, or otherwise increased in capacity, or where there is a change in use and such expansion or change in use will result in increased vehicle trips to the existing structure or use.

(Ord. 05-10, passed 3-23-10; Am. Ord. 07-16, passed 5-10-16; Am. Ord. 27-17, passed 11-14-17; Am. Ord. 12-18, passed 12-4-18)

§ 166.06-03 General Standards For Off-street Parking and Loading Areas.

(A) Use of parking area or loading space. All vehicular parking areas and loading spaces required by this section shall be used only for those purposes. Any other use, including but not limited to vehicular storage, vehicle sales, vehicular repair work, vehicle service, or display of any kind, shall constitute a separate business use of the space.

(B) Identified as to purpose and location. Except for residential uses in the RSF and RTF districts, off-street parking areas of three or more spaces and off-street loading areas methods of identifying individual parking spaces and loading areas and distinguishing such spaces from aisles.

(C) Surfacing. Except for residential uses in the RSF and RTF districts, all required off-street parking, staking spaces, and loading areas shall be surfaced shall be maintained in a smooth, well-graded condition. In no case shall spaces provided in addition to the minimum number of spaces be surfaced with impervious materials.

(D) Arrangement.

(1) Off-street parking areas with three or more spaces shall be arranged so that no parking or maneuvering incidental to parking shall be on a public street or sidewalk, and so that an automobile may be parked and unparked without moving another automobile.

(2) Lot entrance and exit curb cuts shall not be more than 30 feet in total width. Curb cuts shall be greater than 25 feet apart, provided that this distance shall be increased should the lot frontage on a street permit the increase. Entrance and exit drives shall be located at least 15 feet from a street intersection.

(E) Drainage. All off-street parking spaces and loading areas shall be properly drained so as not to cause any nuisance on adjacent land.

(F) Landscaping. All off-street parking spaces and loading areas shall be landscaped to soften their visual impact on adjacent areas, and unless exempted, shall comply with the standards of § 166.02-05, Vehicular Use Area Landscaping.

(G) Responsibility for provision. The responsibility for providing the off-street parking spaces and loading areas required by this section shall be that of whoever develops the land that requires parking and loading facilities. Review for compliance with the standards of this section shall occur at the time of site plan, § 162.03-06; preliminary subdivision plat, § 162.03-07(D); planned development, § 162.03-02; or zoning permit, § 162.03-13, whichever occurs first.

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

§ 166.06-04 Off-street Parking Standards.

(A) Parking plan required. A parking plan shall be submitted with every application for a site plan, § 162.03-06; preliminary subdivision plat, § 162.03-07(D); planned development, § 162.03-02; or zoning permit, § 162.03-13, whichever is appropriate, for any development that is required to provide more than three off-street parking spaces. The plan shall accurately designate the required parking spaces, access aisles, and driveways, and the relation of the off-street parking facilities to the uses or structures such facilities are designed to serve.

(B) Minimum number of spaces required. Unless otherwise expressly stated in this section, off-street parking spaces shall be provided in accordance with Table 166.07, Minimum Off-Street Parking Standards, below.

TABLE 166.07: MINIMUM OFF-STREET PARKING STANDARDS
DU = Dwelling Unit SF = Square Footage (1)
USE CATEGORY	USE TYPE	PROPOSED PARKING STANDARDS
RESIDENTIAL USES
Household Living	Multi-family dwelling	1 per bedroom
	Single-family dwelling
	Two-family dwelling
	Townhouse
	Residential unit over nonresidential use
Group Living	Family day care home	1 per employee + 1 per every 5 children or 1 per every 3 adults
	Group day care home
	Rooming house	1 + 1 per bedroom
INSTITUTIONAL USES
Schools	School (elementary or junior high)	1 per every 2 classrooms + 1 per employee
Schools	School (high school)	1 per classroom + 1 per every 5 students
Institutions	Community or neighborhood center	Greater of: 1 per 300 sf or 1 per every 4 persons of maximum fire-rated capacity
	Fraternal organization	Greater of: 1 per every 300 sf or 1 per every 3 persons of maximum fire-rated capacity
	Government facility	1 per every 300 sf of floor area used by the public + 1 per every 600 sf of floor area not used by the public
	Medical treatment facility	2 per patient bed + 1 per every 300 sf of administrative area
	Religious or civic institution, 5,000 sf or more	1 per every 4 persons of maximum fire-rated capacity in the assembly or sanctuary area
	Religious or civic institution, less than 5,000 sf	1 per every 4 persons of maximum fire-rated capacity in the assembly or sanctuary area + the minimum number of spaces required for any accessory use
NOTES: (1) DU = dwelling unit; SF & sf = square feet; GFA = gross floor area.

TABLE 166.07: MINIMUM OFF-STREET PARKING STANDARDS
DU = Dwelling Unit SF = Square Footage (1)
USE CATEGORY	USE TYPE	PROPOSED PARKING STANDARDS
INSTITUTIONAL USES (Cont'd)
Public Park or Open Space	Public park/recreation facility	See § 166.06-04(C), Uses with Variable Parking Demand
Marine-Related	Docks	1 per berth, slip or mooring station + 4 double spaces for trailers
	Marinas	1 per berth, slip, or mooring station + 1 per employee + 8 double spaces for trailers
	Piers	1 per employee on largest shift + 1 per every 25 linear feet of pier + the minimum number of spaces required for any accessory use
Utilities	Telecommunications facility, collocation	1 per service provider with equipment on-site
	Telecommunications facility, freestanding	1 per service provider with equipment on-site
	Utility, major	1 per employee on largest shift
	Utility, minor	See § 166.06-04(C), Uses with Variable Parking Demand
COMMERCIAL USES
Animal Care	All	1 per every 300 sf
Day care	All	1 per every 5 children up to 50, then 1 per every 10 children
Commercial Indoor Recreation	All	Greater of: 1 per every 200 sf or 1 per every 4 persons of maximum fire-rated capacity
Commercial Outdoor Recreation	All	1 per employee + -Athletic field: 1 per every 5,000 sf of land area -Courts (basketball, racquetball, tennis, volleyball, etc.): 3 per court -Swimming pool: 1 per every 75 sf of water area -Associated structures: 1 per every 3 persons of maximum fire-rated capacity
Offices	All	1 per every 300 SF
Parking	Municipal parking lot	None
Parking	Private parking lot	None
Restaurants	All	Greater of: 1 per every 200 sf (including outdoor waiting/seating/dining areas) or 1 per every 3 persons of maximum fire-rated capacity for both indoor and outdoor areas + 1 per every 2 employees
NOTES: (1) DU = dwelling unit; SF & sf = square feet; GFA = gross floor area.

TABLE 166.07: MINIMUM OFF-STREET PARKING STANDARDS
DU = Dwelling Unit SF = Square Footage (1)
USE CATEGORY	USE TYPE	PROPOSED PARKING STANDARDS
COMMERCIAL USES (Cont'd)
Retail Sales and Services	Bar, nightclub, or similar establishment	1 per every 100 SF
	Adult entertainment establishment	Greater of: 1 per every 3 persons of maximum fire-rated capacity or 1 per every 200 SF
	Pool hall	1 per every 100 SF
	Private club (seating capacity less than 300 in main activity area)	Greater of: 1 per every 300 sf or 1 per every 3 persons of maximum fire-rated capacity
	Private club (seating capacity 300 or greater in main activity area)	Greater of: 1 per every 300 sf or 1 per every 3.5 persons of maximum fire-rated capacity
	Retail use with gasoline sales	1 per every 150 SF
	Type I retail	1 per every 250 SF
	Type II retail (15,000 - 60,000 sf GFA)	1 per every 300 SF
	Type II retail (60,000 - 100,000 sf GFA)	1 per every 400 SF
	Type II retail (greater than 100,000 sf GFA)	1 per every 400 SF
	Type III retail	1 per every 450 SF
Storage	Outdoor storage (no greater than 3,000 sf)	1 per every 750 SF
	Outdoor storage (greater than 3,000 sf)	1 per every 1,000 SF
	Self-storage	1 per every 50 units + minimum amount required for all accessory uses
Tourist Accommodations	Bed and breakfast inn	2 + 1 per sleeping room
	Convention facilities	1 per every 3 persons of maximum fire-rated capacity
	Hotel or motel	1 per every guest room + 1 per employee on largest shift + 75% of the spaces required for all accessory uses
NOTES: (1) DU = dwelling unit; SF & sf = square feet; GFA = gross floor area.

(C) Uses with variable parking demand characteristics. Uses that reference this subsection in Table 166.07, Minimum Off-Street Parking Standards, have widely varying parking demand characteristics, making it difficult to establish a single off-street parking standard. Upon receiving a development application for a use subject to this subsection, the Zoning Administrator shall apply the off-street parking standard specified for the listed use that is deemed most similar to the proposed use or establish minimum off-street parking standards on the basis of a parking study prepared by the applicant. Such a study shall include estimates of parking demand based on recommendations of the Institute of Traffic Engineers (ITE), or other acceptable estimates as approved by the Zoning Administrator, and should include other reliable data collected from uses or combinations of uses that are the same as or comparable with the proposed use. Comparability will be determined by density, scale, bulk, area, type of activity, and location. The study shall document the source of data used to develop the recommendations.

(D) Mixed uses. Unless otherwise approved, lots containing more than one use shall provide parking spaces in an amount equal to the total of the standards for all individual uses. This provision shall not limit the ability to submit an alternative parking plan (See § 166.06-09) to reduce the minimum number of required off-street parking spaces in recognition of different operating hours or peak business periods.

(E) Maximum number of spaces permitted. For any use categorized as a Commercial Use in Table 166.07, Minimum Off-Street Parking Standards, off-street vehicle parking spaces shall not be provided in an amount that is more than 125% of the minimum standards established in Table 166.07, Minimum Off-Street Parking Standards, except in the Downtown Commercial (DC) District, where the number of off-street parking spaces may exceed 125% of the minimum standards.

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

§ 166.06-05 Computation of Required Off-street Parking Spaces.

(A) Fractions. When measurements of the number of required parking spaces result in fractions, the space standard shall be rounded upward to the next highest whole number.

(B) Different use areas. Except as provided for in this section, parking shall be calculated separately for each different use area in a building or on a site, including all accessory uses.

(C) Combinations of uses. If the Zoning Administrator determines that a proposed use represents a combination of uses listed in Table 166.07, Minimum Off-Street Parking Standards, the minimum and maximum parking space standards shall be those that would apply if the two (or more) uses were developed separately.

(D) On-street parking. Except as expressly provided for in this section, on-street parking on public or private streets, driveways, or drives, shall not be used to satisfy the off-street parking standards of this section.

(E) Parking based on seating. When the standards use seating as a unit of measurement, all calculations shall be based on the design capacity of the areas used for seating.

(F) Parking based on floor area. Except as provided for in this section, when the standards use amount of square footage in buildings as a unit of measurement, all calculations shall be based on gross floor area.

(G) Parking based on students, staff, and occupants. Except as provided for in this section, when the standards use number of students, staff, or occupants as a unit of measurement, all calculations shall be based on the maximum enrollment (for students), the largest number of persons working on any single shift (staff), or the maximum fire-rated capacity (occupants), whichever is applicable and results in the greater number of required spaces.

(H) Driveways used to satisfy requirements. For single-family dwellings, two-family dwellings, and townhouse dwellings, driveways may be used to satisfy minimum off-street parking standards, provided that sufficient space is available to satisfy the standards.

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

§ 166.06-06 Accessible Parking Spaces For Disabled Persons.

A portion of the total number of off-street parking spaces in each off-street parking area shall be specifically designated, located, and reserved for use by persons with physical disabilities.

(A) Residential uses. For residential uses, the number of accessible parking spaces for the physically disabled shall be provided at the rate of one space for each dwelling unit that is designated for occupancy by the physically disabled, unless otherwise required by the Americans with Disabilities Act.

(B) Nonresidential uses. For nonresidential uses, the number of accessible parking spaces for the physically disabled shall be provided in accordance with Table 166.08, Accessible Parking Spaces for the Disabled, unless otherwise required by the Americans with Disabilities Act.

TABLE 166.08: ACCESSIBLE PARKING SPACES FOR THE DISABLED
TOTAL NUMBER OF REQUIRED PARKING SPACES	NUMBER OF REQUIRED HANDICAPPED SPACES
1 - 25	1
26 - 50	2
51 - 75	3
76 - 100	4
101 or more	4% of total spaces
Each parking space for the disabled shall be 12 feet wide and shall have the same depth as the adjacent parking spaces.

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

§ 166.06-07 Dimensional Standards For Parking Spaces and Aisles.

(A) General. The minimum dimensions for standard car parking spaces and parking lot aisles shall comply with Table 166.09, Dimensional Standards for Parking Spaces and Aisles, below:

TABLE 166.09: DIMENSIONAL STANDARDS FOR PARKING SPACES AND AISLES
PARKING ANGLE	STALL WIDTH (FT)	STALL DEPTH (FT)	AISLE WIDTH FOR TWO-WAY TRAFFIC (FT) (1)
Parallel	9	22	22
45 degrees	9	18	22
90 degrees	9	19	22
(1) Aisle widths are provided for two-way traffic. In cases where traffic is proposed for one-way travel, then the width of the aisle may be reduced by one-half.

(B) Dimensional adjustments. Parking structures may be subject to dimensional adjustments based on utilization, but in no case shall the standard space width be less than eight feet. Reduction in design standards shall be subject to approval by the Zoning Administrator.

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

§ 166.06-08 Bicycle Facilities.

All development with surface parking exceeding 20 spaces shall provide bicycle parking facilities, which shall be:

(A) Located within 50 feet of entrance. Bicycle parking spaces shall be conveniently located, but in no case shall such facilities be located farther than 100 linear feet from the primary building entrance;

(B) Rate of provision. One bicycle parking space per every 20 off-street parking space; and

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

§ 166.06-09 Alternative Parking Plan.

The Planning Commission shall be authorized to approve an alternative parking plan, which proposes alternatives to providing the number of required off-street parking spaces required by Table 166.07, Minimum Off-Street Parking Standards, in accordance with the standards listed below. Nothing in this section shall limit the utilization of one or more of the following off-street parking alternatives by a single use.

(A) Provision over the maximum allowed. Requests to provide more than the maximum number of off-street parking spaces required by § 166.06-04(E), Maximum Number of Spaces Permitted, shall comply with the following:

(1) Parking demand study. Requests for exceeding the maximum number of required off-street parking spaces shall be accompanied by a parking demand study demonstrating how the maximum number of parking spaces specified by § 166.06-04(E), Maximum Number of Spaces Permitted, is insufficient for the proposed development.

(2) Minimum amount required. Requests to exceed the maximum number of off-street spaces allowed are limited to the minimum number of additional spaces required as recommended in the required parking demand study.

(B) Shared parking. The Zoning Administrator may approve shared parking facilities for developments with different operating hours or different peak business periods if the shared parking complies with all of the following standards:

(1) Located within 500 feet. Shared parking spaces shall be located within 500 feet of the primary entrance of all uses served, unless remote parking shuttle bus service is provided. Shared parking spaces shall not be separated from the use they serve by an arterial or collector road. In addition, adequate and safe pedestrian access must be provided from and to the shared parking areas.

(2) Same or more intensive use. A shared parking area shall be located on a site with the same or more intensive zone district classification than required for the primary uses served.

(a) Those wishing to use shared parking as a means of satisfying the off-street parking standards must submit a shared parking request to the Zoning Administrator that justifies the feasibility of shared parking. Justification shall include information on the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces.

1. The maximum reduction in the number of parking spaces required for all uses sharing the parking area shall be 50%.

2. Directional signage which complies with the standards of this ZDO shall be added to direct the public to the shared parking spaces. It is preferable for the employees of an establishment to utilize these spaces.

(b) A shared parking plan shall be enforced through written agreement among all owners of record. An attested copy of the agreement between the owners of record must be submitted to the Zoning Administrator for recordation. Recordation of the agreement shall take place prior to issuance of a zoning permit (See § 162.03-13) for any use to be served by the shared parking area. A shared parking agreement may be revoked only if all required off-street parking spaces will be provided in accordance with the requirements of Table 166.07, Minimum Off-Street Parking Standards.

(3) Less intensive use. A shared parking area may be located on a site with a less intensive zone district classification than required for the primary uses served, provided that:

(a) The proposal receives a special exception permit in accordance with § 162.03-03, Special Exception Permit;

(b) Vehicular access to the shared parking area is limited to the use(s) it serves; and

(c) Portions of the shared parking area not directly adjacent to the use it serves are surrounded by a solid six-foot fence meeting the standards of § 166.09, Fences and Walls.

(C) Off-site parking for nonresidential uses. All off-street parking areas for any nonresidential use shall be provided on the same parcel of land as the use it serves; provided, however, that where there are practical difficulties in the location of the parking area or if the public safety or public convenience, or both, is better served by its location on another parcel of land. Off-site parking for nonresidential uses shall comply with the following standards:

(1) Same ownership. The parking area is located on land under the same ownership or the use it serves.

(2) Pedestrian way required. A pedestrian way, not more than 600 feet in length, is established from the parking area to the use to be served.

(3) No undue hazard. The parking area is convenient to the use without causing unreasonable:

(a) Hazard to pedestrians;

(b) Hazard to vehicular traffic;

(d) Interference with commercial activity or convenient access to other parking areas in the vicinity;

(e) Detriment to the appropriate use of business lands in the vicinity; or

(f) Detriment to any residential neighborhood.

(D) Parking structures. The off-street parking required by this section may be located in a parking structure, whether on the same or on a different lot than the uses which it serves. Ground floor parking provided in a parking structure shall be screened, insofar as practicable, from surrounding uses and from public view as required by § 166.02-05, Vehicular Use Area Landscaping. In addition, for uses located on the same lot as the structure, the conditions required for shared parking shall apply. For uses located on a different lot as the structure, the conditions required for off-site parking shall apply.

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

§ 166.06-10 Loading Space Standards.

(A) Number of required off-street loading spaces. Every use listed under the Commercial Use classification in Table 164.01, Table of Allowed Uses, shall provide one off-street loading space for every 5,000 square feet of gross floor area.

(B) Standards.

(1) Minimum dimensions. Each loading space required by this section shall be at least 12 feet wide by 40 feet long (or deep), with at least 15 feet of overhead clearance. Each off-street loading space shall have adequate, unobstructed means for the ingress and egress of vehicles.

(2) Location. Where possible, loading areas shall be located to the rear of the use they serve; in addition, the loading area shall be located adjacent to the buildings loading doors, in an area that promotes their practical use.

(3) Delineation of loading spaces. All loading spaces shall be delineated by signage and striping and labeling of the pavement.

(4) Access to a street. Every loading area shall be provided with safe and convenient access to a street, but in no case shall the loading space extend into the required aisle of the parking lot.

(5) Paving. The ground surface of loading areas shall be paved with a durable, dust-free and hard material, such as surface and seal treatment, bituminous hot mix or Portland cement, concrete, or some comparable material. Such paving shall be maintained for safe and convenient use at all times.

(6) Landscaping. Loading areas shall be landscaped in accordance with § 166.02-05, Vehicular Use Area Landscaping.

(7) Exterior lighting. Exterior lighting for loading areas shall comply with the standards in § 166.10, Exterior Lighting.

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

§ 166.06-11 Driveways.

(A) For the purpose of this section, DRIVEWAY is defined as the area of a property used for ingress and egress and parking.

(B) Ordinarily, the portion of a driveway that crosses the right-of-way shall not be wider than 15 feet, and no property can have more than one driveway per street frontage. The maximum number of driveways allowed is two. Exceptions to the width and number of driveways can be granted by the city for good cause, but in no case shall any driveway be permitted that is less than 20 feet from another driveway on the same property without the approval of City Council.

(C) All new driveways constructed in the residential zones of the city shall include a hard apron, no wider than 15 feet, from the property line to the paved surface of the adjacent street. An application for a new driveway must be accompanied by any necessary encroachment permit from the SCDOT.

(D) All driveways and parking areas in residential zones shall be constructed of pervious materials with no compactible subbase. Parking areas underneath the footprints of existing and proposed structures are exempt. City Council or its designee may grant exemptions to this requirement when no option for pervious material exists. Gravel driveways must include landscaping borders flush or above the surface of the driveway. Any border installed per this section must be maintained to prevent the spread of gravel beyond the footprint of the driveway.

(E) No new driveways shall be created from Center Street if the parcel in question has access from another street or alley of adequate size to allow access.

(Ord. 28-12, passed 10-9-12; Am. Ord. 01-13, passed 3-12-13; Am. Ord. 23-14, passed 11-11-14; Am. Ord. 029-24, passed 3-11-25)

§ 166.08-01 Purpose and Intent.

The purpose and intent of these sign regulations is to:

(A) Encourage the effective use of signs as a means of communication in the city;

(B) Maintain and enhance the pleasing look of the city, which attracts visitors to the city for major events of local, regional, and statewide interest;

(D) Improve pedestrian and traffic safety;

(E) Minimize the possible adverse effects of signs on nearby public and private property;

(F) Ensure that signs in the community are compatible with the high-quality image that the city seeks and in which the city continuously invests;

(G) Limit the aesthetic impact of signs on properties to prevent clutter and protect streetscapes; and

(H) Preserve property values.

(Ord. 05-10, passed 3-23-10; Am. Ord. 04-18, passed 9-25-18)

§ 166.08-02 Applicability.

(A) General. Unless exempted in accordance with § 166.08-04, Standards for Permanent and Temporary Signs Not Requiring Permits, no sign allowed by this section shall be erected, repaired, altered, relocated, maintained or displayed without first being issued a sign permit in accordance with § 162.03-11, Sign Permit, and complying with the relevant standards of this section.

(1) Noncommercial signs as defined in § 161.02, Definitions, are any signs that does not: solicit business; advertise products or services, including home occupations, non-profits, or donation or tip-based enterprises; provide business or commercial contact information of any sort; explicitly or implicitly indicate that a commercial enterprise is being conducted on the property; or explicitly or implicitly indicate that the property is available for rent, including, but not limited to, a business name, real estate company or agency name, rental agency name, including on-line rental websites, website or domain name, email address, physical address other than the property itself, or telephone number. Examples of non-commercial signs include the resident's family names; the resident's address; street numbers; school or sports logos or names; spiritual, inspirational, social, or political statements; and house names that do not provide contact information or imply availability as a rental property.

(2) Commercial signs as defined in § 161.02, Definitions, are any signs providing commercial or contact information of any sort including, but not limited to, business name, website or domain name, email address, physical address other than the property itself, or telephone number.

(B) Responsibility for compliance. Review for compliance with the standards of this section shall occur at the time of application for a sign permit; § 162.03-11; site plan, § 162.03-06; preliminary subdivision plat, § 162.03-07(D); planned development, § 162.03-02; or zoning permit, § 162.03-13, whichever is appropriate.

(Ord. 05-10, passed 3-23-10; Am. Ord. 04-18, passed 9-25-18)

§ 166.08-03 Prohibited Signs.

(A) Signs displaying intermittent lights resembling the flashing lights customarily used in traffic signals or in police, fire, ambulance or rescue vehicles or any sign using the words "stop," "danger," or any other word, phrase, symbol, or character in a manner that might mislead or confuse an automobile or other vehicular driver.

(B) Signs within any street or highway right-of-way, whether temporary or permanent, except traffic signs and signal and information signs erected by a public agency.

(C) Signs painted on or attached to trees, telephone or other utility poles, or signs painted on or attached to rocks or other natural features or painted on the roofs of buildings.

(D) Signs in the marsh or signs interrupting the vista of the marsh.

(E) Exterior signs in the Residential Districts that are illuminated internally or externally in any manner except:

(1) Noncommercial signs that reference a celebrated holiday.

(2) Signs advertising security and home protection services which are externally illuminated by downward facing light focused on the exterior of the sign according to the standards of § 166.10-09, Sign Lighting.

(3) House numbers and street addresses.

(F) Exterior signs in the Commercial Districts that are illuminated internally in any manner or are externally illuminated in any way other than by downward facing light focused on the exterior of the sign according to the standards of § 166.10-09, Sign Lighting.

(G) Commercial signs in the Residential Districts, other than temporary long term rental signs and home security signs in compliance with the standards of § 166.08-04, Standards for Permanent and Temporary Signs Not Requiring Permits, including home occupations, non-profits, or donation or tip-based enterprises. This includes any sign providing commercial or contact information of any sort or otherwise implying that a property is available for rent or advertising a commercial service, including, but not limited to, business name, real estate company or agency name, rental agency name, including on-line rental websites, website or domain name, email address, physical address other than the property itself, or telephone number.

(H) Off-premises signs.

(I) Roof signs of any type in the Residential Districts.

(Ord. 05-10, passed 3-23-10; Am. Ord. 04-18, passed 9-25-18)

§ 166.08-05 Standards For Signs Requiring Sign Permits.

In addition to the requirements of § 162.03-11, Sign Permit, and all other applicable building codes, all signs shall comply with the following standards:

(A) Sign allotment. Different land uses are allotted a designated amount of signage based on the standards in this section. Signage may consist of wall signs, freestanding signs, directory signs, and temporary signs, provided the amount of signage does not exceed the allowable allotment

(B) Sound structural condition. All signs shall be maintained in sound structural condition. No sign shall be allowed to deteriorate to a condition in which it requires repairs or renovations in an amount that exceeds 50% of its current replacement cost. Signs that deteriorate to such a condition are in violation of this ZDO and, shall be either removed or replaced. If a sign is replaced, it shall comply with the standards in this section at the time of replacement.

(1) General. The sign face area shall be the surface of the sign.

(2) Size of sign face area. In the case of freestanding signs, the sign face area consists of the entire surface area of the sign.

(3) Supporting structure not counted. The supporting structure or bracing of a sign shall not be counted as part of sign face area unless such structure or bracing is made a part of the sign's message.

(4) Collocation. Individual uses on adjoining lands may place their individual freestanding signage on a single sign support structure provided the combined sign face area does not exceed the amount of sign face area permitted if the freestanding signs would have been constructed separately. Sign support structures shall comply with the height limits in Table 166.10, Specifications for Signs Requiring Permits, regardless of the number of collocated signage.

(D) Sign height.

(1) Sign height shall be measured from the base of the sign at an established grade to the highest point of the sign support structure, or sign face, whichever is higher. For the purposes of this subsection, ESTABLISHED GRADE shall mean the newly created grade after construction, not including any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases where the established grade is below the grade of the street to which the sign is oriented, sign height shall be computed on the assumption that the elevation of the established grade at the base of the sign is equal to the elevation of the crown of the adjacent street.

(2) In no instance shall a sign's height exceed 30 feet.

(E) Wall signs. Signs on walls of buildings (including signs attached flat against the wall, painted wall signs, and projecting signals) shall meet the following requirements:

(1) The total area of signs on the exterior front surface of a building shall not exceed 20% of the front surface of the building.

(2) The total area of signs of side or rear surface of a building shall not exceed 25% of the exterior side or rear surface of the building respectively.

(3) The combined sign area on front, side, and rear surface of a building shall not exceed 25% of the exterior side or rear surface of the building respectively.

(4) Wall signs attached flat against a wall may not extend more than 24 inches from the wall. A projecting sign may not extend above the roof line.

(F) Freestanding signs.

(1) Freestanding signs shall have an open space of three feet between the lower edge of the sign and the ground level, 50% of which space may be filled in with a platform and decorative lattice work of light or wooden or metal construction.

(G) Distance from wall. The ends of all signs shall be at least five feet distant from any wall or fence of any obstruction that would prevent a clear passage around the ends.

(H) Distance to lot line. Signs in the RSF and RTF districts shall be located a minimum of five feet from any lot line.

(I) Visibility. All signs shall conform to both the sight distance and the sight triangle standards (See § 167.01-04(C)(5), Sight Distance Triangle), and no sign shall be erected so it obstructs vision or sight distances at driveway entrances and exits.

(J) Sign safety. Signs shall not be placed where they pose a hazard to pedestrians or vehicular traffic.

(K) Construction standards. All signs shall be constructed and installed in accordance with the structural and safety requirements of the Folly Beach Building Code.

(L) Responsibility. All signs erected, used, or maintained shall be the responsibility of the sign owner who shall hold the city harmless from all damage arising and resulting from the construction, use, and maintenance of such signs.

(Ord. 05-10, passed 3-23-10; Am. Ord. 04-18, passed 9-25-18)

§ 166.09-01 Purpose.

This section establishes standards for fences and walls on private lots.

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

§ 166.09-02 Applicability.

The provisions of this section shall apply to all new construction, redevelopment, or replacement of fences or walls not required for support of a primary or accessory structure, or any other linear barrier intended to delineate different portions of a lot. In the event of any inconsistency between the provisions of this section and any screening standard in § 166.02-07, Screening, the latter shall govern.

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

§ 166.09-03 General Requirements For Fences and Walls.

(A) Location. Fences are permitted on the property line between two or more parcels of land held in private ownership.

(B) Temporary fences. Temporary fences for construction sites or a similar purpose shall comply with the requirements of the Building Code adopted by the city.

(C) Fences in easements. Fences shall be prohibited within utility easements and the city shall not be responsible for damage to, or the repair or replacement of fences that must be removed to access such easements. In no instance shall this provision be construed to prevent fencing around stormwater retention or detention facilities required by this ZDO.

(D) Blocking natural drainage flow. No fence shall be installed so as to block or divert a natural drainage flow on to or off of any other land.

(E) Fences on retaining walls or berms. If a fence is constructed on top of a wall or berm, the combined height of the fence and wall or berm shall not exceed the maximum height that would apply to a fence or wall alone.

(F) Fences and walls within buffers. Fences and walls shall be installed so as not to disturb or damage existing vegetation or installed plant material. The perimeter fencing or wall for a single subdivision or development shall be of a uniform, approved style that meets the standards of this section in order to provide visual interest in an orderly manner.

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

§ 166.09-04 Height Requirements For Fences and Walls.

All fences and walls shall conform to the following standards. In all cases, heights are measured from existing grade.

(A) Residential districts. In the residential districts, fences and walls shall not exceed a height of six feet. If a fence is constructed on top of a retaining or other wall, the combined height of the fence and wall shall not exceed the maximum height that would apply to a fence or wall alone.

(B) Nonresidential districts. In the nonresidential districts, fences and walls shall not be permitted in front setback areas. Fences and walls shall not exceed eight feet in height in all other areas. If a fence is constructed on top of a retaining or other wall, the combined height of the fence and wall shall not exceed the maximum height that would apply to a fence or wall alone.

(C) Exemption for required screening. Fencing provided to meet the standards of § 166.02-07, Screening, is exempted from the height standards of this subsection, subject to approval by the Zoning Administrator, but in no case shall the fencing exceed the maximum height limits of § 166.02-07, Screening.

(D) Exemption for recreational fencing. Customary fencing provided as a part of a permitted tennis court, athletic field, or other recreational facility shall be exempt from the height restrictions of this subsection, subject to approval by the Zoning Administrator.

(E) Exemption for safety. Major utilities, government facilities, and other public safety uses shall be exempted from these standards as needed for public safety, subject to approval by the Zoning Administrator.

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

§ 166.09-05 Perimeter Fences and Walls Abutting Public Rights-of-Way.

Perimeter fences or walls abutting a public right-of-way shall:

(A) Be of a uniform style;

(B) Be located outside the right-of-way associated with a public street; and

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

§ 166.09-06 Visibility Clearance.

Fences, walls, and plantings shall be placed in accordance with the standards in § 167.01-04(C)(6), Sight Triangles.

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

§ 166.09-07 Prohibited Fences.

(A) Chain link and metal-slat fencing. Fences and walls constructed of chain link or metal slats are prohibited within the front yard in all residential zoning districts.

(B) Barbed wire and above ground electrified fences prohibited. Except as needed for major utilities, government facilities, and other public safety uses, barbed wire fences and above ground electrified fences are prohibited in all zoning districts. Underground electric fences designed for control of domestic animals are permitted.

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

§ 166.09-08 Appearance of Fences and Walls.

(A) Customary materials. Fences and walls shall be constructed of customary materials, including solid wood, brick, masonry, stone, brick, wrought iron, decorative metal materials, or products designed to resemble these materials.

(B) Finished side to outside. Wherever a fence or wall is installed, if one side of the fence or wall appears more "finished" than the other (i.e., one side has visible support framing and the other does not), then the more "finished" side of the fence shall face the perimeter or outside of the lot, rather than facing the interior of the lot.

(D) Landscape screening. Fences and walls that exceed two-and-one-half feet in height and are located within 20 feet of a public right-of-way shall meet the following landscaping standards:

(1) Shrubs required. One evergreen shrub shall be installed for each five feet of frontage along the public right-of-way. Shrubs may be installed in a staggered, clustered, grouped, or linear fashion, and all plantings shall be installed on the side of the fence that faces the public right-of-way.

(2) Substitution of understory trees. One understory or ornamental tree may be substituted for every three evergreen shrubs provided that the tree meets the minimum size standards at the time of planting found in § 166.02-03(C), New Planting Standards.

(3) Integration with other required landscaping. Required landscape screening for fences or walls may be integrated into the landscaping required for streetscape landscaping, vehicular use area screening, or perimeter buffers provided the standards in § 166.02, Landscaping Standards, are maintained. In no case shall fencing or required walls be placed between the edge of the right-of-way and any required streetscape landscaping.

(E) Maintenance required. All fences and walls shall be maintained by the owner in good repair and in a safe and attractive condition, including but not limited to replacement of missing, decayed, or broken structural and decorative elements. All fences and walls shall receive regular structural maintenance to prevent and address sagging and weathering of surfaces visible from the public right-of-way. Any deteriorated, damaged or decayed fence materials shall be promptly repaired, and any fence or wall post or section that leans more than 20 degrees from vertical shall be promptly repaired to correct that condition.

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

§ 166.10-01 Purpose.

The purpose of this section is to control light spillage and glare so as not to adversely affect motorists, pedestrians, natural areas, vistas, and land uses of adjacent properties. More specifically, this section is intended to:

(A) Control lighting to assure that excessive light spillage and glare are not directed at adjacent properties, neighboring areas, and motorists;

(B) Ensure that all site lighting is designed and installed to maintain adequate lighting levels on site;

(D) Avoid negative impacts to wildlife from exterior lighting.

(Ord. 05-10, passed 3-23-10; Am. Ord. 06-19, passed 4-9-19)

§ 166.10-02 Applicability.

(A) General. Unless exempted in accordance with § 166.10-03, Exemptions, the provisions of this section apply to all zoning districts within the city.

(B) Time of compliance. A lighting plan shall be submitted with an application for a site plan, § 162.03-06; preliminary subdivision plat, § 162.03-07(D); or zoning permit, § 162.03-13, whichever is appropriate.

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

§ 166.10-03 Exemptions.

The standards of this section shall not apply to city-owned, operated, or maintained street lights located within a street right-of-way or other easement granted to the city.

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

§ 166.10-04 Design Standards For Exterior Lighting.

All exterior lighting shall conform to the following standards:

(A) Maximum lighting height.

(1) Except for outdoor sports fields or performance areas, outdoor lighting heights shall be no greater than:

(a) Eighteen feet above grade for pedestrian lighting; and

(b) Thirty feet above grade for vehicular lighting.

(2) Wherever possible, illumination of outdoor seating areas, building entrances, and walkways shall be accomplished by use of ground-mounted fixtures not more than four feet in height.

(B) Illumination direction.

(1) In all districts, lighting of nonresidential development shall be directed downward. In addition, upwardly-directed lighting shall not be used to illuminate structures, except for low-wattage architectural lighting.

(2) Outdoor lighting shall not shine directly into the yard or windows of adjacent residential uses.

(3) Outdoor lighting on residential or commercial structures facing the Folly River must be shielded so that light is directed downward and does not shine directly onto the river.

(C) Location. All lighting shall be located at least ten feet from side lot lines, rear lot lines, or required perimeter buffers.

(D) Shielding.

(1) Light fixtures in excess of 60 watts or 100 lumens shall use full cut-off lenses or hoods to prevent glare or spillover from the project site onto adjacent lands and streets.

(2) No interior light source shall be positioned, aimed, or configured so as to result in the light source being visible from land occupied by existing residential development.

(3) No light source in a canopy structure shall extend downward further than the lowest edge of the canopy ceiling.

(4) Awnings or canopies used for building accents over doors, windows, etc., shall not be internally illuminated (i.e., from underneath or behind the awning).

(E) Maximum light levels. All outdoor lighting shall be designed and located such that the maximum illumination measured in foot candles at the property line shall not exceed one foot candle. The average intensity illumination for outdoor lighting shall not exceed four foot candles in intensity as measured at grade. Vehicular use area lighting shall not exceed a maintained average of two-and-one-half foot candles.

(F) Uniformity ratios.

(1) In order to maintain uniformity in light levels across a development, and prevent or minimize dark areas, the ratio of maximum to minimum lighting levels on a given site or parcel of land as measured in foot candles at ground level, shall not exceed 15:1 in the residential districts or 10:1 in the nonresidential districts. Parking lots shall maintain the same uniformity ratios as the principal use they serve. In the cases of mixed uses, the uniformity ratios for nonresidential districts shall apply.

(2) The quantity of fixtures to be provided shall be based upon the desired level of uniform illumination as established by the current standards of the Illuminating Engineering Society of North America (IESNA).

(G) Hue. All outdoor and parking lot lighting fixtures, including: metal halide, mercury vapor, fluorescent, induction, white high-pressure sodium and color-improved high-pressure sodium lamps used in non-cutoff fixtures shall be coated with an internal white frosting inside the outer lamp envelope.

(H) Additional standards in beachfront areas. For purposes of protecting nesting sea turtle habitat, the following standards shall apply to all uses on lots adjacent to the beachfront;

(1) The source of illumination shall not be directly visible from the beach.

(2) Exterior lighting within sight of the beach shall be a maximum of 50 watts and designed with recessed fixtures.

(3) Low-intensity lighting set on a base no higher than 48 inches off of the ground shall be utilized in parking lots.

(4) Parking lots shall be sited so as to minimize headlight glare directed on the beach, or shall incorporate ground-level barriers to mitigate the effects of headlights on beach areas.

(Ord. 05-10, passed 3-23-10; Am. Ord. 06-19, passed 4-9-19)

§ 166.10-05 Wall-Mounted Lights.

Wall-mounted lights shall be fully shielded luminaries (such as shoebox or can style fixtures) to prevent the light source from being visible from any adjacent residential property or public street right-of-way. Nothing in this subsection shall prevent the use of sconces or other decorative lighting fixtures provided that the source of illumination is not visible from adjacent lands used or zoned for residential purposes, and provided that the maximum illumination values comply with the standards in § 166.10-04(E), Maximum Light Levels.

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

§ 166.10-06 Floodlights and Spotlights.

Floodlights and spotlights shall be selected, located, aimed, and shielded so that direct illumination is focused exclusively on a portion of the building facade or other intended site feature and away from adjoining lands or the right-of-way. On-site lighting may be used to accent architectural elements but shall not be used to illuminate entire portions of building(s). Such lighting shall be installed in a fixture that is shielded so that no portion of the light bulb extends below the bottom edge or above the top edge of the shield, and the main beam from the light source is not visible from adjacent lands of the adjacent right-of-way. Floodlights or other type of lighting attached to light poles that illuminate the site or building(s) are prohibited.

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

§ 166.10-07 Wall Pack Lights.

Wall packs on buildings may be used at entrances to a building to light unsafe areas. They are not intended to draw attention to the building or provide general building or site lighting. Wall packs on the exterior of the building shall be fully shielded (true cut-off type bulb or light source not visible from off-site) to direct the light downward and be of low wattage (preferably 100 watts or lower). Other accent lighting projected onto buildings may be allowed provided that it is approved through the development plan process.

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

§ 166.10-08 Illumination of Outdoor Sports Fields and Performance Areas.

All lighting fixtures serving outdoor sports fields and performance areas shall be equipped with a glare control package (e.g., louvers, shields, or similar devices), and the fixtures shall be aimed so that their beams are directed and fall within the primary playing or performance area.

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

§ 166.10-09 Sign Lighting.

Lighting fixtures illuminating signs shall comply with the standards of this section, and such fixtures shall be aimed and shielded so that direct illumination is focused exclusively on the sign face.

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

Folly Beach City Zoning Code

CHAPTER

166: DEVELOPMENT STANDARDS

§ 166.07 TRANSPORTATION IMPACT ANALYSIS.

(Reserved).

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

§ 166.08-06 Additional Sign Standards in the Commercial Districts.

TABLE 166.10: SPECIFICATIONS FOR SIGNS REQUIRING PERMITS BY ZONING DISTRICT
ZONING DISTRICT	SIGN TYPE/LOCATION	MAXIMUM AREA (square feet)	ADDITIONAL STANDARDS (1)
DC	Sign on commercial lot	20 per sign	Maximum of 4 signs on any lot
DC	Sign on vacant lot	3
IC	Sign on commercial lot	20 per sign	Maximum of 4 signs on any lot
IC	Sign on vacant lot	20
MC	Business identification sign	20	May be illuminated so long as it does not illuminate any residential structures
CC	Sign on commercial lot	80 total for 4 or fewer signs	Maximum of 4 signs on any lot
CC	Sign on vacant lot	20	Maximum of 4 signs on any lot
NOTES: (1) All freestanding signs shall be at least five feet from any wall, fence, or any other structure that would prevent a clear passage around the sign.

(Ord. 05-10, passed 3-23-10; Am. Ord. 04-18, passed 9-25-18)

§ 166.08-07 Nonconforming Signs.

Existing nonconforming signs, and signs rendered nonconforming by the adoption of this ZDO (or any amendment thereto) shall be controlled by the standards in § 168.05, Nonconforming Signs.

(Ord. 05-10, passed 3-23-10; Am. Ord. 04-18, passed 9-25-18)

§ 166.11 AFFORDABLE HOUSING.

(Reserved).

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

§ 166.12 PROTECTION OF HISTORIC SITES AND STRUCTURES.

(Reserved).

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

§ 166.13 PEDESTRIAN IMPROVEMENTS.

(A) Purpose and intent. The intent of these provisions is to promote the construction of multi-use paths within the commercial districts to provide safe routes for pedestrians and bicyclists.

(1) The city shall be responsible for the final design, engineering, and permitting along with associated costs for each section of the path.

(2) The construction costs shall be paid by the property owner. Upon request, the city may assist with bidding for construction.

(3) The approved conceptual design may be altered by the city if conflicts with trees, utilities, or other conditions exist that would render the required width unfeasible.

(Ord. 015-22, passed 6-14-22)

§ 166.01-01 Purpose and Intent.

This section is intended to:

(A) Preserve the visual and aesthetic qualities of Folly Beach;

(B) Ensure that excessive tree cutting does not reduce property values;

(D) Establish the standards of review for tree alteration permits (See § 162.03-10);

(E) Encourage site design techniques that preserve the natural environment and enhance the developed environment;

(F) Control erosion and sediment run-off into waterways;

(G) Improve surface drainage and minimize flooding;

(H) Protect wildlife and marine habitat; and

(I) Conserve energy, reduce noise, heat, and glare caused by excessive tree cutting;

(J) Promote commerce and tourism by buffering different uses and beautifying the landscape.

(Ord. 05-10, passed 3-23-10; Am. Ord. 29-12, passed 3-12-13; Am. Ord. 029-21, passed 12-14-21)

§ 166.01-02 Applicability.

(A) Tree alteration permit required.

TABLE 166.02: PROTECTED TREES
SPECIES	COMMON NAME	MINIMUM SIZE (inches) (1)
Magnolia grandiflora	Southern Magnolia	12 (DBH)
Quercus Phellos	Willow Oak	12 (DBH)
Magnolia virginiana	Sweet Bay Magnolia	12 (DBH)
Quercus virginiana	Live Oak	6 (DBH)
Quercus launfolia	Laurel Oak	12 (DBH)
Acer rubrum	Red Maple	12 (DBH)
Juniperus virginiana	Eastern Red Cedar	12 (DBH)
Sabal palmetto	Cabbage Palm or Sabal Palm	12 (DBH)
Ilex opaca	American Holly	12 (DBH)
Cornus florida	Flowering Dogwood	12 (DBH)
NOTES: (1) DBH = Diameter at breast height measured 4.5 feet above grade.

(3) Removal of trees on city land. Removal of trees on city-owned land and public rights-of-way.

(5) Silviculture. Any legally established silviculture use conducted in accordance with South Carolina Forestry Commission requirements.

(Ord. 05-10, passed 3-23-10; Am. Ord. 29-12, passed 3-12-13; Am. Ord. 25-16, passed 1-10-17; Am. Ord. 029-21, passed 12-14-21)

§ 166.01-03 Retention of Trees.

(2) Public utilities and electric suppliers. Public utilities and electric suppliers shall employ best management practices in regard to tree trimming and removal.

(a) Annually, public utilities and electric suppliers shall submit to the city their plans for tree trimming and/or tree removal. All plans must meet ANSI A300 Standards.

(C) Removal of a protected tree. The Building Official shall allow removal of protected trees under one of the following conditions:

(E) Replacement/mitigation of trees. A person causing the destruction or removal of a healthy tree shall be responsible for the following mitigation:

(3) Mitigation for the removal of protected and non-protected trees may be satisfied by the payment of a fee in lieu of mitigation.

§ 166.01-04 Tree Protection During Construction.

(C) Mulch required. A two inch layer of mulch shall be applied over the area within the tree protection barricades as well as the surface of exposed roots within the drip line during development.

(Ord. 05-10, passed 3-23-10; Am. Ord. 29-12, passed 3-12-13; Am. Ord. 25-16, passed 1-10-17; Am. Ord. 029-21, passed 12-14-21)

§ 166.01-05 Penalty.

(Ord. 25-16, passed 1-10-17)

§ 166.02-01 Purpose and Intent.

(A) Ensuring and encouraging the planting, maintenance, restoration and survival of trees, shrubs and other plants;

(D) Reducing stormwater runoff and the costs associated therewith;

(E) Preserving and protecting the water table and surface waters;

(F) Restoring soils and land denuded as a result of construction and grading;

(G) Protecting and enhancing property values and aesthetic qualities; and

(H) Providing visual screening, where appropriate.

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

§ 166.02-02 Applicability.

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

§ 166.02-03 General Requirements For Landscaping.

(A) Landscape plan.

(2) Minor revisions to approved landscape plans may be necessary due to lack of plant availability, and may be approved by the Zoning Administrator if:

(a) There is no reduction in the quantity of plant material;

(b) There is no significant change in size or location of plant materials; and

(B) Existing vegetation and site features.

(1) Existing viable trees located within a required landscaping area shall be preserved and credited toward standards for the type of landscaping required, to the maximum extent practicable.

(4) Other existing site features located within a required landscaping area which do not assist in meeting the standards of this section shall be screened or removed.

(1) Minimum size.

(c) Evergreen trees shall have a minimum height of six feet and be a minimum of two inches in caliper at the time of planting.

(d) Multi-stem trees, whether canopy or understory, shall have at least three stalks and be a minimum of eight feet in height above ground level at the time of planting.

(g) In cases where an aggregate caliper inch (ACI) requirement is utilized to derive a required amount of vegetation, and the ACI figure includes a fraction, an applicant may:

1. Utilize a tree or trees with a caliper inch measurement exceeding the minimum size at time of planting standard of this subsection in order to meet the required ACI; or

2. Round the ACI figure upwards until the figure corresponds with a whole number of trees meeting the minimum size at time of planting standard.

(2) Quality.

(b) The use of native, drought-tolerant vegetation is encouraged to reduce dependency upon irrigation.

(3) Plant diversity. To curtail the spread of disease or insect infestation in a plant species, new plantings shall comply with the following standards:

(a) When fewer than 20 trees are required on a site, at least two different genus shall be used, in roughly equal proportions.

(b) When more than 20 but fewer than 40 trees are required to be planted on site, at least three different genus shall be used, in roughly equal proportions.

(c) When 40 or more trees are required on a site, at least four different genus shall be used, in roughly equal proportions.

(d) Required shrubs shall use the same plant diversity requirements.

(e) Nothing in this subsection shall be construed so as to prevent the utilization of a larger number of different genus than specified above.

(5) Stabilization.

(a) All landscape planting areas shall be stabilized and maintained with ground covers, mulches, or other approved materials to prevent soil erosion and allow rainwater infiltration.

(b) Trees shall not be planted on slopes exceeding a 4:1 horizontal-to-vertical distance.

(6) Location of plant material.

(b) In cases where overhead utility lines exist, understory or small maturing trees planted a maximum of 20 feet on-center may be substituted for canopy trees.

(7) Easements.

(b) Landscaping shall not impede the ability of the easement holder to conduct maintenance activities within the easement.

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

§ 166.02-04 Site Landscaping.

(B) General. Site landscaping, for the purpose of this section, is landscaping that is not:

(1) Required vehicular use area landscaping;

(2) Located within a required perimeter buffer strip; or

(3) Required screening.

TABLE 166.03: REQUIRED SITE LANDSCAPING PLANTINGS
USE TYPE	TYPE OF LANDSCAPING MATERIAL (1)
USE TYPE	CANOPY TREES (ACI)	UNDERSTORY TREES (ACI)	MINIMUM NUMBER OF LARGE SHRUBS (#) (2)
Multi-family residential use	18/acre	5/acre	1/every 5 feet of total building perimeter
Institutional use	12/acre	8.75/acre	2/every 5 feet of total building perimeter
Nonresidential use	10/acre	7.5/acre	4/every 5 feet of total building perimeter
NOTES: (1) Existing trees located outside of a tree protection zone may be credited towards these requirements provided the vegetation is not prohibited and meets the minimum size requirements in § 166.02-03(C)(1), Minimum Size. (2) Required shrubs shall be placed around building foundations visible from public rights-of-way with adequate on-center spacing to allow proper growth. Required shrubs not needed for foundation screening shall be dispersed across the site.

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

§ 166.02-05 Vehicular Use Area Landscaping.

(A) Interior landscaping standards.

(1) Applicability. Except for single-and two-family residential uses, the standards in this subsection shall apply to all surface parking lots with five or more parking spaces.

(4) Design. Interior planting areas shall be designed within parking areas as:

(a) Islands located at the end of parking bays, with a minimum size of 135 square feet for single loaded parking rows, and a minimum size of 270 square feet for double loaded bays;

(d) Islands used to visually separate parking areas and accommodate required pedestrian pathways in surface parking lots with 500 or more parking spaces;