Folly Beach City Zoning Code
CHAPTER
163: ZONING DISTRICTS
§ 163.05-03 Center Street Overlay District (CSOD).
(A) Purpose and intent. The intent of these provisions is to regulate land use along Center Street in a manner that is consistent with historical patterns. Properties subject to the overlay have different access availability and are generally smaller than other lots in the Downtown Commercial District. Existing development is primarily at grade and adjacent to the right-of-way.
(B) Location. The CSOD extends from the Folly River Bridge to the intersection of Arctic Avenue and Center Street. It extends from Center Street to the ten-foot alleys running behind and parallel to Center Street to the east and west of Center Street.
(C) Conflict. The CSOD zoning district regulations of this chapter apply in addition to the underlying (base) zoning district regulations. In case of conflict between the CSOD regulations and other regulations in this ZDO, the CSOD regulations shall control.
(D) Applicability. The standards in this section shall apply to all parcels within the CSOD.
(E) District-specific standards. All development within the CSOD shall comply with the following standards:
(1) Lot coverage exceptions for public and semi-public areas adjacent to Center Street. Any impervious surfaces used as a porch, dining area, courtyards, deck, or similar public or semipublic space adjacent to the Center Street right-of-way shall not be counted when calculating the total amount of impervious lot coverage of the development.
(2) Standalone residential uses. New residential development must include a nonresidential use on the ground floor. Residential density shall be controlled by the base district regulations for the Downtown Commercial District in § 165.01-02.
(3) New development required to be built at grade. New buildings in the CSOD located in an A Zone shall be constructed at grade and flood proofed rather than elevated.
(4) Maximum height. The maximum height of new structures shall be limited to 34 feet from grade and two stories. Rooftop decks, whether covered or uncovered, shall constitute a full story for the purposes of measuring building height within the district.
(5) No parking required. Except for residential use above a non-residential use, tourist accommodation use, and short term rental use, no parking shall be required for development within the CSOD. Parking for residential use over a non-residential use, tourist accommodation use, and short term rental use shall be provided as required by § 166.06-04.
(6) No setback required. There shall be no side, front, or rear setbacks required.
(Ord. 012-22, passed 6-14-22; Am. Ord. 002-23, passed 5-9-23)
§ 163.01-01 Establishment of Base and Overlay Zoning Districts.
The following base and overlay zoning districts are established.
ABBREVIATION
| DISTRICT NAME
|
RESIDENTIAL DISTRICTS | |
MIR | Marine Island Residential |
RSF
| Single-Family Residential
|
RTF
| Two-Family Residential
|
RMF
| Multi-Family Residential
|
NONRESIDENTIAL DISTRICTS | |
DC | Downtown Commercial |
IC | Island Commercial |
MC | Marine Commercial |
CC | Corridor Commercial |
CN | Conservation |
PLANNED DEVELOPMENT DISTRICTS | |
PD | Planned Development |
OVERLAY DISTRICTS | |
CSOD | Center Street Overlay |
FCOD | Folly Road Corridor Overlay |
(Ord. 05-10, passed 3-23-10; Am. Ord. 013-24, passed 6-11-24)
§ 163.01-02 Relationship to Overlay Zoning Districts.
Lands within the city may be classified into one of the zoning districts established in Table 163.01, Base and Overlay Zoning Districts Established, and also the overlay districts set forth in § 163.05, Overlay Districts. Where land is classified into an overlay district as well as a base zoning district, the standards governing development in the overlay district shall apply in addition to the standards governing development in the underlying base zoning district. In the event of an express conflict between the standards governing a base zoning district and those governing an overlay district, the more restrictive standard shall control.
(Ord. 05-10, passed 3-23-10)
§ 163.01-03 Compliance with District Standards.
No land within the city shall be developed except in accordance with the zoning district regulations of Chapter 163: Zoning Districts, the use standards of Chapter 164: Use Standards, the dimensional standards of Chapter 165: Dimensional Standards, the development standards in Chapter 166: Development Standards, the standards in Chapter 167: Subdivision Standards, and all other applicable regulations of this ZDO.
(Ord. 05-10, passed 3-23-10)
§ 163.02-01 Purpose and Intent.
The residential zoning districts contained in this section are established and intended to provide a comfortable, healthy, safe, and pleasant environment in which to live. More specifically, they are intended to:
(A) Provide appropriately located lands for residential development. Provide appropriately located lands for residential development in accordance with the Comprehensive Plan;
(B) Light, air, and privacy. Ensure adequate light, air, privacy, and open space for each dwelling;
(C) Protect residents from harmful effects. Protect residents from the harmful effects of noise, traffic congestion, undue concentration of population, and other significant adverse environmental effects;
(D) Provision of public services. Ensure the provision of public services including roadway capacity, park land, or other public services; and
(E) Provide appropriately located land for commercial development. Provide appropriately located areas in accordance with the Comprehensive Plan for employment, shopping, and recreational activities, as needed by the residents of the city, while ensuring that any negative aspects of development is minimized on abutting residential lands.
(Ord. 05-10, passed 3-23-10)
§ 163.02-02 Residential Districts and Specific Purposes.
(A) Single-Family Residential (RSF). The RSF District is established as a district in which the principal use of land is single-family detached residential development at moderate densities. The regulations of this district are intended to prohibit any use that substantially interferes with the development of single-family detached dwellings and that is detrimental to the quiet residential nature of the district. Complementary uses customarily found in residential zoning districts, such as community centers, religious institutions under 3,500 square feet in area, private docks, parks, and playgrounds are permitted. Short term rentals are allowed subject to the requirements of Chapter 117 of the city code of ordinances. Accessory dwelling units are not permitted. The minimum lot area for development is 10,500 square feet and the maximum density allowed is four dwelling units per acre. Maximum lot coverage in the district is 35% of a lots high ground area.
(B) Two-Family Residential (RTF). The RTF District is established as a district in which the principal use of land is single-family detached and two-family residential development at moderate densities. The regulations of this district are intended to prohibit any use that interferes with the quiet residential nature of the district. Complementary uses customarily found in residential zoning districts, including religious institutions under 3,500 square feet in area, civic institutions less than 5,000 square feet in area, community centers, private docks, parks, and playgrounds are permitted. Short term rentals are allowed subject to the requirements of Chapter 117 of the city code of ordinances. Accessory dwelling units are not permitted. The minimum lot area for development is 10,500 square feet and the maximum density allowed is eight units per acre. Duplex dwellings located upon a single lot may be detached structures. Detached units may be located on individual lots, provided the newly created lots extend no more than five feet from the building envelope. Maximum lot coverage in the district is 35% of a lots high ground area.
(C) Multi-Family Residential (RMF). The RMF district is established and intended to encourage a wide range of medium and high density housing types, especially multiple family development, although single-family dwellings and two-family dwellings are also allowed. In addition to the range of complementary uses typically found in residential zoning districts, limited neighborhood-serving nonresidential uses (e.g., day cares, parking lots, and Type I retail uses) are permitted as special exception uses (See Table 164.01, Table of Allowed Uses), but accessory dwelling units are prohibited. Short term rentals are allowed subject to the requirements of Chapter 117 of the city code of ordinances. The minimum lot area for all permitted uses (except townhouses) is 10,500 square feet. Duplex dwellings and multi-family units located upon a single lot may be detached structures. Detached units may be located on individual lots, provided the newly created lots extend no more than five feet from the exterior walls of the proposed structure and the development includes the minimum open space set-aside required in § 166.03, Open Space Standards. Multi-family development shall include at least 3,500 square feet of lot area per dwelling unit, but in no instance shall multi-family development exceed 12 units per acre. Maximum lot coverage in the district is 35% of a sites total high ground.
(D) Marsh Inland Residential (MR). The MR District is established as a district in which the principal use of land is single-family detached residential development with minimal impact on sensitive landscapes. The regulations of this district are intended to prohibit any use that substantially interferes with the development of single-family detached dwellings and that is detrimental to the quiet residential, scenic, and environmentally sensitive nature and of the district. Complementary uses customarily found in residential zoning districts such private recreational docks and accessory structures. Short term rentals are prohibited. Accessory dwelling units are not permitted. The minimum lot area for development is 14,500 square feet and the maximum density allowed is three dwelling units per acre. Maximum lot coverage in the district is 30% of a lot’s high ground area.
(Ord. 05-10, passed 3-23-10; Am. Ord. 26-16, passed 1-10-17; Am. Ord. 09-17, passed 7-11-17; Am. Ord. 26-17, passed 1-9-18; Am. Ord. 02-19, passed 4-9-19)
§ 163.02-03 Residential Standards.
Table 163.02, Use Regulations and Development Standards in the Residential Districts, indicates the location of standards in this ZDO related to allowable uses, density limitations, dimensional standards, development standards, and subdivision standards for the residential districts.
TYPE OF STANDARD | LOCATION IN THIS ZDO |
Allowable uses (principal, accessory, temporary) | Chapter 164: Use Standards |
Density/intensity/dimensional standards (density, lot coverage, area, width, yards, height) | Chapter 165: Dimensional Standards |
Development standards (tree protection, landscaping, open space, environmental protection, design standards, parking, signage, fences and walls, lighting | Chapter 166: Development Standards |
Subdivision standards (lots, blocks, streets, sidewalks, drainage) | Chapter 167: Subdivision Standards |
(Ord. 05-10, passed 3-23-10)
§ 163.03-01 Purpose and Intent.
The nonresidential zoning districts are established for the general purpose of ensuring there are lands in the city that provide a wide range of office, retail, service, and related uses to meet household and business needs, and more specifically to:
(A) Provide appropriately located lands for nonresidential uses consistent with the city's Comprehensive Plan. Provide appropriately located lands for the full range of business uses needed by the city's residents, businesses, and workers, in accordance with the Comprehensive Plan;
(B) Provide employment opportunities. Provide employment opportunities close to home for residents of the city and surrounding communities;
(C) Accommodate resort uses. Provide adequate land to accommodate resort and vacation-related uses;
(D) Enable a mix of residential and nonresidential uses. Permit residential units above ground-floor nonresidential uses in commercial districts; and
(E) Preserve the unique character of the nonresidential areas on Folly Island; and
(F) Minimize impact of nonresidential development. Minimize the impact of nonresidential development on sensitive environmental lands.
(Ord. 05-10, passed 3-23-10; Am. Ord. 11-18, passed 11-13-18)
§ 163.03-02 Nonresidential Districts and Specific Purposes.
(A) Downtown Commercial (DC).
(1) Purpose and intent. The DC District is established as a commercial focal point for Folly Beach characterized by a vibrant mix of retail, service, restaurant, entertainment, cultural, governmental, civic, residential, and visitor-service uses unique to the city. The district is intended to:
(a) Protect and enhance the unique aesthetic and architectural character of Folly Beach's downtown;
(b) Allow for a diverse mix of business, office, institutional, recreational, and residential uses above street-level;
(c) Encourage pedestrian-friendly development;
(d) Require new development that is consistent with the existing template of downtown development; and
(e) Promote the economic and development potential of Folly Beach while also protecting its unique character.
(2) District-specific standards. In addition to the other standards in this ZDO, development in the DC District shall comply with the following:
(a) Mixed-use structures in the DC District shall not include residential uses on the ground floor of the structure.
(b) Commercial uses on ground floor shall not be converted to a residential use.
(c) Nonconforming lots of record lawfully established on or before April 13, 1999 may be developed in accordance with the standards in § 168.04-01(C), Lots in the DC and IC Districts.
(d) Residential uses located above a nonresidential use in the DC District shall not exceed two stories or 34 feet above the top of the first living floor surface.
(e) Lot coverage is limited to a maximum of 50% of the lots high ground area.
(f) Except where exempted by the Design Review Board, new development on lots in the DC district fronting Center Street shall be built to the edge of the sidewalk or right-of-way edge.
(g) New development in the "A" Flood Zone shall be:
1. Elevated and enclose the entire perimeter of the structure below the base flood elevation with solid walls which are hydrostatically vented and aesthetically incorporated into the overall design of the structure; or
2. Floodproofed in lieu of elevating.
(h) New development on lots fronting Center Street located in the "V" Flood Zone shall be elevated and shall enclose the entire perimeter of the structure below the base flood elevation with solid breakaway walls which are aesthetically incorporated into the overall design of the structure.
(i) Duplex dwellings and multi family units located upon a single lot may be detached structures. Detached units may be located on individual lots, provided the newly created lots extend no more than five feet from the exterior walls of the proposed structure.
(j) Short term rentals are allowed subject to the requirements of Chapter 117 of the city code of ordinances.
(B) Island Commercial (IC).
(1) Purpose and intent. The IC district is established to provide for a “resort center” within the city that provides a variety of visitor-oriented business services, including visitor lodging, visitor attractions, and support facilities. The district is intended to accommodate visitor-oriented structures such as hotels, bed and breakfast inns, and time share units. Indoor and outdoor recreational facilities, parking, and low-intensity retail uses are also appropriate. This district is intended to foster pedestrian access particularly along the beachfront, in order to minimize traffic impacts to surrounding residential areas. Short term rentals are allowed subject to the requirements of Chapter 117
of the city code of ordinances. Multi-family dwellings, accessory dwelling units, and intense commercial uses are prohibited. The minimum lot area for residential uses is 10,500 square feet and 5,250 square feet for all other uses. Duplex dwellings located upon a single lot may be detached structures. Detached units may be located on individual lots, provided the newly created lots extend no more than five feet from the exterior walls of the proposed structure. Lot coverage is limited to 35% of the lots high ground area.
(2) District-specific standards.
(a) Mixed-use structures in the IC District shall not include residential uses on the ground floor of the structure.
(b) Commercial uses on ground floor shall not be converted to a residential use.
(c) Nonconforming lots of record lawfully established on or before April 13, 1999 may be developed in accordance with the standards in § 168.04-01(C), Lots in the DC and IC Districts.
(d) All development in the IC District shall not exceed two stories or 40 feet above the top of the first living floor surface.
(C) Marine Commercial (MC). The MC District is established to recognize areas within the city where, due to proximity to navigable waterways, commercial marine related-activity takes place. A full range of marine- related uses (e.g., docks and marinas), major and minor utilities, and outdoor storage facilities are appropriate uses in addition to limited residential uses, institutional uses, and limited retail uses. Short term rentals are allowed subject to the requirements of Chapter 117
of the city code of ordinances. Applications to amend the official zoning map to establish or expand the MC District are prohibited.
(D) Corridor Commercial (CC). The CC District is established and intended to provide for a wide variety of general retail and high intensity residential and nonresidential uses located along the Folly Road corridor north of the Folly Creek Bridge, and to maintain scenic vistas along this corridor. The CC District is intended to accommodate the largest and most intense form of retail in the city (those uses greater than 10,000 square feet). Visitor-oriented services including hotels and indoor and outdoor recreational facilities are also permitted. Short term rentals are allowed subject to the requirements of Chapter 117 of the city code of ordinances. Maximum lot coverage is limited to 35% of a lots high ground, and maximum building heights are limited to 34 feet above the top of the first living floor surface. Duplex dwellings and multifamily units located upon a single lot may be detached structures. Detached units may be located on individual lots, provided the newly created lots extend no more than five feet from the exterior walls of the proposed structure and the development includes the minimum open space set-aside required in § 166.03, Open Space Standards.
(E) Conservation (CN). The CN District is established in accordance with the Comprehensive Plan to preserve sensitive marshland ecosystems and prevent flood hazards. Land in the CN District is intended to encourage the maintenance of wildlife preserves, scenic areas, or watershed conservation areas, to the maximum extent practicable. Parks, public docks, private recreational docks, or public piers are allowable uses.
(Ord. 05-10, passed 3-23-10; Am. Ord. 26-16, passed 1-10-17; Am. Ord. 09-17, passed 7-11-17; Am. Ord. 26-17, passed 1-9-18; Am. Ord. 01-19, passed 4-9-19; Am. Ord. 11-21, passed 5-11-21)
§ 163.03-03 Standards.
Table 163.03, Use Regulations and Development Standards in the Nonresidential Districts, indicates the location of standards in this ZDO related to allowable uses, density limitations, dimensional standards, development standards, and subdivision standards for the nonresidential districts.
TYPE OF STANDARD | LOCATION IN THIS ZDO |
Allowable uses (principal, accessory, temporary) | Chapter 164: Use Standards |
Density/intensity/dimensional standards (density, lot coverage, area, width, yards, height) | Chapter 165: Dimensional Standards |
Development standards (tree protection, landscaping, open space, environmental protection, design standards, parking, signage, fences and walls, lighting | Chapter 166: Development Standards |
Subdivision standards (lots, blocks, streets, sidewalks, drainage) | Chapter 167: Subdivision Standards |
(Ord. 05-10, passed 3-23-10)
§ 163.04-01 Purpose.
The Planned Development (PD) District is established for the purpose of encouraging innovative land planning and site design concepts that support a high quality of life and that achieve a high quality of development, environmental sensitivity, energy efficiency, and other city goals by:
(A) Increase flexibility. Reducing or diminishing the uniform design that results from the strict application of zoning and development standards that are designed primarily for individual lots;
(B) Freedom to provide access, light, open space, and amenities. Allowing greater freedom in selecting the means to provide access, open space, and design amenities;
(C) Freedom to provide mix of uses and housing types. Allowing greater freedom in providing a well-integrated mix of residential and nonresidential land uses throughout the development and on individual lots, including a mix of housing types, lot sizes, and densities;
(D) Provide greater opportunity for more efficient land use patterns. Providing for an efficient use of land resulting in smaller networks of utilities and streets and thereby lowering development and housing costs;
(E) Promote quality design and environmentally sensitive development through site characteristics. Promoting quality design and environmentally sensitive development by allowing development to take advantage of special site characteristics, locations, and uses; and
(F) Encourage quality design through density increases. In specific instances, encouraging quality design and environmentally sensitive development by allowing increases in residential density or nonresidential square footage when such increases can be justified by superior design or the provision of additional amenities such as public open space.
(Ord. 05-10, passed 3-23-10)
§ 163.04-02 Procedures.
Prior to development, all planned development districts shall be reviewed and approved or approved with conditions in accordance with § 162.03-02, Planned Development.
(Ord. 05-10, passed 3-23-10)
§ 163.04-03 Standards.
All planned development districts shall comply with the general standards of § 163.04-03, General Standards for the PD District.
(Ord. 05-10, passed 3-23-10)
§ 163.04-04 Relationship to Prior Planned Development Districts.
Lands designated as Planned Development District (PDD) on the official zoning map on March 23, 2010 are subject to the standards and conditions included within the previously adopted master plan related to their approval. They may proceed with development in accordance with § 160.09, Transitional Provisions. If approval of the PDD expires, the provisions of this ZDO shall apply.
(Ord. 05-10, passed 3-23-10)
§ 163.04-05 General Standards for the PD District.
(A) Development parameters. Prior to the approval of a PD zoning district designation, the Planning Commission shall recommend and the City Council shall find the application for the PD zoning district designation, the required PD Master Plan, and the PD Terms and Conditions comply with the following standards.
(1) Master Plan. The PD Master Plan:
(a) Is prepared by a licensed engineer, architect, landscape architect, or land planner;
(b) Includes a statement of planning objectives for the site;
(c) Identifies the general location of land uses within individual development areas or development pods, and the mix of land uses;
(d) Calculates the acreage, number, type, and mix of land uses, including the total number of residential units, residential densities, and nonresidential intensities within each development area or development pod, and the total number, type, and mix of land uses for the entire PD Master Plan;
(e) Identifies the general location, amount, and type (whether designated for active or passive recreation) of open space;
(f) Identifies the location of environmentally sensitive lands, wildlife habitat, and riparian areas;
(g) Identifies the on-site transportation circulation system including all public and private streets, existing or projected transit corridors, pedestrian and bicycle pathways, and how such on-site improvements will connect with existing adjacent city facilities;
(h) Identifies on-site potable water and wastewater facilities, how they will connect to city systems, and how construction will occur in accordance with city ordinances; and
(i) Identifies the general location of all public facility sites serving the development, including transportation, potable water, wastewater, parks, fire, police, EMS, stormwater management, and schools.
(2) In accordance with the Comprehensive Plan. The PD zoning district designation and the PD Master Plan are in accordance with the Comprehensive Plan.
(3) Compatibility with adjacent existing or proposed development. Development along the perimeter of a PD District is compatible with adjacent existing or proposed development. If appropriate, in cases where there are issues of compatibility, the PD Master Plan shall provide for transition areas at the edges of the PD District that provide for appropriate buffering or ensure a complementary character of uses. Complementary character shall be identified based on densities/intensities, lot size and dimensions, building height, building mass and scale, hours of operation, exterior lighting, and location of service areas.
(4) Development phasing plan. If there are phases of development proposed for the PD, a development phasing plan shall be provided for the PD Master Plan that identifies the general sequence or phases in which the land is proposed to be developed, including how residential and nonresidential development is timed, how infrastructure (public and private) and open space is provided and timed, and how development is coordinated with the city's capital improvements program. The phasing plan shall be established at the time of approval of the PD Master Plan. It is permissible for a development phasing plan to include only one phase.
(5) On-site public facilities. The PD Master Plan shall establish the responsibility of the landowner/developer to make any on-site or other public improvements as appropriate. The PD Master Plan shall ensure that impacts from the PD Master Plan are addressed for the following:
(a) The PD Master Plan shall establish the general location of on-site potable water facilities and how they will connect to the city's potable water system consistent with city laws, and how dedication of land, easements, or on-site construction of all potable water facilities/improvements will occur in a manner that complies with city laws.
(b) The PD Master Plan shall establish the general location of on-site wastewater facilities and, as appropriate, how they will connect to the city's or other wastewater lines and mains and sewer interceptor lines consistent with city laws, and how dedication of land, easements, or on-site construction of all wastewater facilities/improvements will occur in a manner that complies with city laws.
(c) The PD Master Plan shall establish the design of public streets within the planned development in ways that comply with all applicable city standards. Right-of-way, pavement widths, and street widths may be reduced by the City Council where it is found that:
1. The PD Master Plan provides for separation of vehicular, pedestrian, and bicycle traffic;
2. Access for emergency service vehicles is not substantially impaired;
3. Adequate off-street parking is provided for the uses proposed; and
4. Adequate space for public utilities is provided within the right-of-way.
(d) The PD Master Plan shall establish the general location and function of on-site stormwater management facilities in accordance with city, state, and federal regulations.
(e) The PD Master Plan shall establish the responsibility of the subdivider/owner for providing right-of-way and easements and for constructing on-site facilities for all other infrastructure located on the site of the proposed planned development, including but not limited to police facilities, fire facilities, and EMS facilities. The PD Master Plan shall also establish the responsibility of the subdivider/owner to make any other improvements as required by city ordinances, and, if requested by the city, to dedicate these improvements to the city in a form that complies with city laws.
(6) Off-site public facilities. The PD Master Plan shall include a fire, police, and EMS component that demonstrate adequate facilities for fire protection, police protection, and EMS services is available or will be available at the time development occurs to accommodate development proposed in the PD Master Plan.
(7) Planned Development Terms and Conditions. Concurrent with the approval of the adopting ordinance for the PD zoning district designation and the PD Master Plan, a statement of PD Terms and Conditions shall be established binding the PD to any conditions placed in the adopting ZDO and PD Master Plan. The PD Terms and Conditions shall include, but not be limited to:
(a) The PD Master Plan, including any PD Standards;
(b) Conditions related to the approval of the PD Master Plan;
(c) Conditions related to the form and design of development in the PD Master Plan;
(d) Provisions addressing how transportation, potable water, wastewater, stormwater management, fire/police/EMS, parks, schools, and any other relevant public facilities will be provided to accommodate the development proposed for the PD Master Plan;
(e) Provisions related to environmental protection and monitoring; and
(f) Any other provisions the City Council determines is relevant and appropriate to the implementation of the PD.
(B) Minimum area. A PD District shall be a minimum of three acres in area. The City Council may waive this minimum area requirement (following a recommendation of the Planning Commission), based on a finding that creative site planning through rezoning to a PD District is necessary to address a physical development constraint, protect sensitive natural areas, or promote a community goal when more conventional development or subdivision would be difficult or undesirable given the constraints on development.
(C) Uses. The uses allowed in a PD District are identified in Table 164.01, Table of Allowed Uses. Allowed uses are subject to any use regulations applicable to the PD District. A mix of different residential dwelling types in close proximity to one another is encouraged. Commercial uses serving the development are also allowed.
(D) Maximum density. The maximum density in a PD District shall not exceed those authorized in the base district(s) being replaced by the PD District designation.
(E) Dimensional standards. The dimensional standards of Table 165.01, Table of Dimensional Standards, do not apply to the PD District, but all proposed dimensional standards shall be established in the PD Master Plan. Dimensional standards shall include the following:
(1) Minimum dimensional requirements. The minimum lot area, minimum lot width, minimum and maximum setbacks, maximum lot coverage, maximum height for development, maximum individual building size, and floor area ratios.
(2) Setbacks from adjoining residential uses. Minimum setbacks from adjoining residential development or residential zoning districts.
(F) Development standards.
(1) Off-street parking and loading. All development in a PD District shall comply with the standards of § 166.06, Off-Street Parking and Loading, unless they are modified in the PD Master Plan in ways that are consistent with the general intent and purpose for the PD District and this section. Any modifications to the standards of § 166.06, Off-Street Parking and Loading, shall be specified in a Master Parking Plan included as part of the PD Master Plan. The Master Parking Plan may include parking alternatives which reduce the number of required off-street parking spaces by a specific amount through alternative parking strategies including shared parking, deferred parking, off-site parking, or other parking alternatives identified in § 166.06, Off-Street Parking and Loading.
(2) Tree protection. All development in a PD District is subject to the retention of the existing tree canopy, protection of grand and landmark trees, tree protection during construction, and all other standards of § 166.01, Tree Protection.
(3) Landscaping standards. All development in the PD District is subject to the general requirements for landscaping in § 166.02, Landscaping Standards, except that uses internal to the PD District shall not be required to provide a perimeter buffer, or if they are modified in the PD Master Plan in ways that are consistent with the general intent and purpose for the PD District and this section. Any modifications to the standards of § 166.02, Landscaping Standards, shall be specified in an alternative landscaping plan included as part of the PD Master Plan. Required marsh and dune buffers (See §§ 166.04-03 and 166.04-04) may not be reduced as part of the approval of any PD District.
(4) Fencing standards. All development in the PD District shall comply with the standards of § 166.09, Fences and Walls, unless they are modified in the PD Master Plan in ways that are consistent with the general intent and purpose for the PD-R District and this section. Any modifications to the standards of § 166.09, Fences and Walls, shall be consistent with the general intent and purpose of the PD District, and shall be specified in a Master Fencing Plan included as part of the PD Master Plan.
(5) Open space standards.
(a) All development in a PD District shall comply with the standards of § 166.03, Open Space Standards, which shall not be reduced as part of the approval of any PD District.
(b) In cases where a PD includes commercial or other nonresidential development, the required percentage of open space set-aside shall be calculated based on the total amount of land used for residential, nonresidential, or mixed-use purposes, respectively.
(c) The open space shall be configured, to the maximum extent practicable, to conserve environmentally sensitive lands, protect unique site features and resources (i.e., large trees and significant wooded areas, wildlife habitat, and scenic views), and provide contiguity with other open space, both on- and off-site.
(d) Open space set-aside areas contiguous with a public park or other public recreation land shall not include structures within 50 feet of the park or recreation land boundary.
(e) The City Council may accept open space set-asides for dedication to the city on a case-by-case basis.
(6) Exterior lighting. All development in a PD District shall comply with the exterior lighting standards of § 166.10, Exterior Lighting, unless they are modified in the PD Master Plan in ways that are consistent with the general intent and purpose for the PD District and this section. Any modifications to the standards of § 166.10, Exterior Lighting, shall be specified in a Master Lighting Plan included as part of the PD Master Plan.
(7) Design standards. All single- and two-family development in a PD District shall comply with or exceed the standards of § 166.05-03, Single- and Two-Family Design Standards.
(8) Signage. Unless otherwise specifically modified by a PD Master Plan, the signage in a PD District shall comply with the standards of § 166.08, Sign Standards. Any modifications to the standards of § 166.08 shall be specified in a Master Sign Plan included as part of the PD Master Plan. The Master Sign Plan shall establish a design theme that is found to be more consistent with the unique characteristics of the site and the scale and character of the surrounding area, as well as a uniform facade and design detail plan for all signs to be used in the development. At a minimum, the Master Sign Plan shall specify colors, materials, aesthetic balance and composition, height, width, area, placement, typeface, and the use of any symbols, designs, or logos.
(Ord. 05-10, passed 3-23-10)
§ 163.05-01 Overlay Zoning Districts Established.
The overlay zoning district requirements of this section shall be applied in addition to any applicable base zoning district requirements. Except where specifically provided in this chapter, variances from the overlay zoning district standards shall not be granted.
(Ord. 05-10, passed 3-23-10; Am. Ord. 012-22, passed 6-14-22)
§ 163.05-02 Folly Road Corridor Overlay District (FCOD).
(A) Purpose and intent. The intent of these provisions is to create a corridor that is well-planned and attractive through the implementation of land use and design standards that are consistent with adjacent jurisdictions and the utilization of traffic safety measures and access management for vehicles and pedestrians to ensure safe and efficient traffic movement. The portion of the FCOD located in the City of Folly Beach is intended to provide a natural scenic open space before entering the City of Folly Beach by preserving the marsh views and vistas of this area.
(B) Location. The FCOD extends from Tatum Road in the Town of James Island south to the Folly River Bridge in the City of Folly Beach, as depicted on the official zoning map.
(C) Conflict. The FCOD zoning district regulations of this chapter apply in addition to the underlying (base) zoning district regulations. In case of conflict between the FCOD regulations and other regulations in this ZDO, the most restrictive regulations shall control.
(D) Applicability. The standards in this section shall apply to all uses within the FCOD except single-family residential development.
(E) District-specific standards. All development (except single-family residential uses) within the FCOD shall comply with the following standards:
(1) Streetscape buffer along Folly Road.
(a) Except when reduced in accordance with this section, all development shall maintain a 25-foot vegetated streetscape buffer from the Folly Road right-of-way.
(b) Required buffers from the Folly Road right-of-way may be reduced by the DRB when:
1. The principal structure is placed within the area occupied by the perimeter buffer; and
2. All off-street surface parking is placed to the side or rear of the structure.
(c) Fencing may be required to screen adjacent residential uses.
(2) Perimeter buffers. All development shall comply with the perimeter buffers in § 166.02, Landscaping Standards, and shall maintain a 25-foot vegetated buffer from marshlands, wetlands, and other sensitive natural features. Vegetated buffers between uses and environmental features shall be configured in accordance with the following standards:
(a) Existing vegetation shall be maintained to the maximum extent practicable;
(b) New plantings shall consist of native or naturalized species;
(c) At least 50% of newly-planted understory screening material shall be evergreen;
(d) Stormwater conveyance measures are allowed within buffer areas only in cases where existing trees are not affected.
(3) Accessory structures. Accessory structures shall be limited to nonresidential principal uses, and shall not exceed 25% of the principal structure’s heated square footage.
(F) Dimensional standards.
(1) Maximum building height shall be limited to 34 feet above the top of the first living floor surface.
(2) Maximum height of multifamily housing shall be limited to 24 feet above the top of the first living floor surface.
(3) Maximum lot coverage shall not exceed 30% of a lot’s high ground area.
(4) Development shall be setback at least 25 feet from the SCDES critical line.
(G) Sign standards. Freestanding signs shall be monument style, limited to one per street frontage, and shall comply with the following standards:
(1) Maximum sign face area shall be limited to 40 square feet for individual signs and 100 square feet for shared shopping center signs;
(2) Signage shall have a maximum of two faces per sign;
(3) Sign height for individual signs shall be limited to a maximum of six feet. Sign height for shared shopping center signs shall be limited to a maximum of ten feet; and
(4) Signs may not be internally illuminated.
(5) Electronic message boards shall be prohibited, except those by a duly constituted governmental body and approved by City Council.
(H) Pedestrian circulation. New development shall meet the sidewalk and pedestrian circulation standards in the ZDO as well as the following:
(1) Grade-separated pedestrian walkways shall be provided from the public sidewalk system to a principal structures primary entrance;
(2) Pedestrian walkways shall be designed and located in a manner that does not require pedestrians to walk through parking lots;
(3) A separated 12-foot multi-use path along frontage of the parcel shall be installed. Right of way buffers may be reduced to accommodate the provision of a multi-use path. The Zoning Administrator shall be authorized to reduce the width of the required multi-use path if conflicts with trees, utilities, or other conditions exist that would render the required width unfeasible.
(I) Vehicle access. New development shall meet the vehicle access standards in the ZDO as well as the following:
(1) All parcels in this overlay zoning district with a future or current residential land use designation are allowed one curb cut per 150 feet of road frontage; all other commercial uses are allowed one cut every 250 feet.
(2) Proposed new access drives shall be a minimum distance of 75 feet from a street intersection measured from the edge of the intersecting roadway to the beginning of the driveway radius. These minimum spacing requirements will be increased if a right turn deceleration lane is required and shall equal the length of the turn lane and taper plus an additional distance of 50 feet.
(3) All applications for development of non-residential uses shall include a suitable access management plan demonstrating that the driveway separation requirements can be met. The following techniques may be employed to achieve this result, but the burden of accomplishing the desired effect remains with the developer of the property:
(a) Aggregation of parcels;
(b) Parallel frontage or backage roads;
(c) Shared curb cuts between adjoining properties; and
(d) Shared access easements between parcels.
(J) Traffic study. A traffic impact analysis shall be required in all instances in which the proposed development area exceeds three acres or generates 100 or more peak hour vehicle trips. Such traffic impact shall be prepared by a qualified professional and shall meet the standards required by Charleston County for properties in the FCOD.
(K) Coordination with other jurisdictions. A letter of coordination from the Town of James Island, City of Charleston, and/or City of Folly Beach shall be a required part of all land development applications, dependent upon overlay zoning district area. The purpose of the letter of coordination is to ensure that each jurisdiction is aware of proposed development and that there is consistency in land use, density/intensity and dimensional standards, and design and development standards adopted by the jurisdictions. Coordination with applicable town, city or county: Council, Planning Commission, Staff, Design Review Board or other review, recommendation, or decision making bodies may be required.
(L) The following uses are prohibited in the FCOD:
(1) Tattoo parlors;
(2) Vehicle storage;
(3) Boat/RV storage;
(4) Hotels and motels;
(5) Shooting ranges;
(6) Automobile dealerships;
(7) Billboards; and
(8) Gun shops.
(M) The following uses are allowed as special exceptions in the FCOD:
(1) Liquor, beer, or wine sales;
(2) Bar or lounge;
(3) Vehicle repair;
(4) Fast food restaurant; and
(5) Indoor recreation.
(Ord. 05-10, passed 3-23-10; Am. Ord. 04-14, passed 3-11-14; Am. Ord. 02-17, passed 4-11-17; Am. Ord. 15-20, passed 12-8-20; Am. Ord. 11-21, passed 5-11-21; Am. Ord. 001-25, passed 2-11-25)