2.1.1.   City administrator to assign.

Except as otherwise specifically provided, primary responsibility for the city administrator may assign one (1) or more individuals to administer and enforce the Hanahan Zoning Ordinance. This ordinance refers to the person or persons to whom these functions are assigned as the "zoning administrator" or "city planner." the terms "staff," "administrator," and "planner" may be used interchangeably with the positions "zoning administrator" and "city planner" for the purposes of this ordinance. The city administrator shall determine the departmental assignments of these positions.

2.1.2.   Duties of the zoning administrator.

The position of "zoning administrator" shall entail the following duties:

(1)

Interpreting and enforcing the Zoning Ordinance;

(2)

Investigating and resolving complaints pertaining to the ordinance;

(3)

Administering permits and certificates, including collecting fees for permits and certificates;

(4)

Processing applications for variances, special exceptions, and appeals to the board of zoning appeals and preparing the record for appeal to circuit court;

(5)

Processing applications for design review and appeals to the design control committee and preparing the record for appeal to circuit court;

(6)

Maintaining a current official zoning map and public records related to zoning; and

(7)

Other duties, as may be assigned.

2.3.1.   Membership.

(A)

The board shall consist of five (5) members.

(B)

Members shall be citizens of Hanahan.

(C)

Members shall be appointed by city council for overlapping terms of four (4) years.

(D)

Members may continue to serve until a successor is appointed.

(E)

Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment.

(F)

Members shall serve without pay but may be reimbursed for expenses incurred while part of the board.

(G)

Members cannot hold any other public office or position in the city.

2.3.2.   Proceedings of the board of zoning appeals.

(A)

The board of zoning appeals shall elect a chairman and a vice-chairman from its membership, who shall serve for one (1) year or until re-elected or until their successors are elected.

(B)

The board shall appoint a secretary, who may be a city officer, a city employee, a member of the planning commission, or a member of the board of zoning appeals. The secretary shall keep the records and minutes of the board meetings, cause proper notice to be made of cases for board review, and shall conduct correspondence for the board. The secretary shall not participate in the meeting proceedings as a voting member unless he/she is appointed to the board.

(C)

The board shall adopt rules and by-laws in accordance with the provisions of this ordinance and South Carolina Code § 6-29-790.

(D)

Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine.

2.3.3.   Powers of the board of zoning appeals.

All questions arising in connection with the enforcement of the Hanahan Zoning Ordinance shall be presented first to the zoning administrator, after which, such questions may be presented to the board of zoning appeals, but only on appeal of the written decision of the zoning administrator.

(A)

Administrative review. The board may hear and decide appeals where it is alleged the zoning administrator erred in an order, requirement, decision, or determination. In such cases, the board may reverse or affirm, wholly or in part, the zoning administrator's actions. The board shall have all the powers of the zoning administrator in such cases and may direct the issuance of a permit.

(B)

Variances. The board shall have the power to hear requests for variances and decide as to their validity when strict application of zoning standards would cause unnecessary hardship.

(1)

The following standards must apply for finding of an unnecessary hardship.

(a)

Extraordinary conditions. There are extraordinary and exceptional conditions pertaining to the particular piece of property, which could exist due to topography, street widening, or other conditions making economically feasible use of the property difficult or impossible.

(b)

Utilization. Because of these extraordinary conditions, the application of the ordinance to a particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property.

(c)

Detriment. The authorization of a variance will not be of substantial detriment to adjacent property or the public good, and the character of the district will not be harmed by granting of the variance.

(d)

Other property. Extraordinary conditions generally do not apply to other property in the vicinity.

(2)

Conditions. In granting a variance, the board may attach to it standards in the ordinance specifically stated and applicable to the variance request that address the location, character, or other features of a proposed building, structure, or use as conditions of approval to protect established property values in the surrounding area and to promote the public health, safety, or general welfare.

(3)

Use variances. The board shall not grant use variances. A use variance involves the establishment of a use not otherwise permitted in a zoning district, extends physically a non-conforming land use, or changes the zoning district boundaries shown on the zoning map.

(4)

Special exceptions. The board may grant special exceptions, as outlined in Section 2.5.3 of this chapter, for land uses specified in the Zoning Ordinance and allowable only by special exception.

2.3.4.   Procedure for administrative review, variances, and special exceptions.

(A)

Type of appeal sought.

(1)

Administrative review. Any person believing to have found error in the written decision of the zoning administrator may appeal it to the board of zoning appeals. Such appeals shall be filed with the city within thirty (30) days of the date of written notice of the decision or order of the zoning administrator.

(2)

Variance. Any person seeking relief from the strict application of zoning standards in accordance with subsection 2.3.3(B), above, shall apply for a variance from the board of zoning appeals.

(3)

Special exception. Any person seeking a zoning permit for a land use allowable only by special exception in the zoning district in which the property is located shall apply for a special exception from the board of zoning appeals.

(B)

Application to the City of Hanahan. The applicant appealing to the board of zoning appeals shall undertake the following procedure.

(a)

A completed application, together with the application fee for administrative review or variance, shall be filed with the zoning administrator at least twenty-five (25) days prior to the board of zoning appeals meeting at which the request will be considered.

(b)

Required information. The applicant shall set forth a detailed description of the request on an application form provided by the zoning administrator. The completed application shall include the following information:

(i)

A legal description and street address of the subject property, together with a property boundary map if subject property is not explicitly delineated on the zoning map;

(ii)

Six (6) copies of the site development plan or building plans submitted as part of a zoning permit application reviewed and disapproved by the zoning administrator, where applicable, for the property for which relief is sought.

(iii)

Name, address, and phone number of applicant;

(iv)

Name of property owner(s) and applicant's interest in the property if not the owner in fee simple title;

(v)

Filing date of application;

(vi)

Any other information deemed relevant by the zoning administrator; and

(vii)

Applicant and property owner's signature(s).

(C)

Stay of proceedings. Filing an appeal to the board stays all legal proceedings to enforce the appealed action unless the appealed officer certifies that a stay would cause imminent peril to life and property. In such cases, a board or court restraining order may stay the action.

(D)

Hearings. The board of zoning appeals shall hold a public hearing within sixty (60) days of receiving written application for appeal or variance, giving public notice thereof at least fifteen (15) days prior to the hearing by placing notice in a general circulation newspaper in the community.

(E)

Posting property. In cases involving variances, city staff must post conspicuous notices, (sign with dimensions of at least eighteen (18) inch × twenty-four (24) inch) on or next to the affected property at least fifteen (15) days prior to the hearing. At least one (1) notice must be visible from each street that borders the property.

(F)

Record keeping. The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be filed in the office of the zoning administrator and shall be public record. On all appeals, applications, and other matters brought before the board, it shall inform in writing all the parties involved of its decision(s) and the reason(s) heretofore.

(G)

Decisions of the board of zoning appeals. The concurring majority vote of present members of the board shall be necessary to reverse any order, requirement, decision, or determination of the zoning administrator or to decide in favor of the applicant on any matter that it is required to consider under this ordinance or to affect any variation of this ordinance.

(H)

Order on decision. The board of zoning appeals shall, upon decision of approval or denial, submit to the applicant its decision in writing within thirty (30) days and shall notify the zoning administrator of such decision. If the board of zoning appeals finds in favor of the developer, the zoning administrator shall process the application for zoning permit for the reviewed property.

(I)

Appeals of decisions of the board of zoning appeals. Any person who may have a substantial interest in any decision of the board of zoning appeals may appeal that decision to circuit court, filing with the clerk of such court a petition in writing setting forth plainly, fully, and distinctly wherein such decision is contrary to law. Such appeal shall be filed within thirty (30) days of the rendering of the decision of the board.

2.5.1.   By-right uses.

Each zoning district includes land uses allowed by right within the district. In order to receive a zoning permit, the proposed land uses shall meet all standards and conditions that apply uniformly throughout the zoning district.

2.5.2.   Conditional uses.

Such uses must meet conditions, restrictions, and/or limitations in order to be permitted, as outlined in this ordinance. These are in addition to standards that apply to all land in the zoning district. This technique is used to allow uses generally compatible with the district but that may generate externalities adversely impacting nearby property or uses unless conditions are imposed to protect those properties or uses. If the zoning administrator deems that these conditions have been met, he shall issue a zoning permit for the use. Otherwise, the zoning permit is denied.

2.5.3.   Special exception uses.

Some uses are generally incompatible in some zoning districts but may be allowed by special exception upon review by the board of zoning appeals. The BZA may attach conditions, provided in this ordinance, to the zoning permit to correct or mitigate any non-conformities it foresees, to ensure the compatible development of the proposed site with the zoning district as well as the community as a whole. The procedure for appeals shall apply, per Section 2.3.4.

2.6.1.   Purpose.

(A)

A Zoning permit shall be required for any developer prior to any change in land use, receipt of a new business license or building permit, construction or expansion of any building or other facility for which a building permit is required, erection or any signage for which a permit is required per Section 8.2.1, construction or expansion of a parking area numbering more than six (6) stalls, or any alteration of existing grade by heavy machinery.

(B)

The developer shall demonstrate upon application for a zoning permit the ability and intent to meet all Hanahan Zoning Standards via submittal of a site development plan.

(C)

A zoning permit shall not be required for those activities specifically authorized by a land disturbance permit or a tree removal permit. The following public improvements shall be completed prior to application for a zoning permit in a major land development: potable water and sanitary sewerage unless private on-site systems are proposed and approved, stormwater management, electrical power, and enough of the road system to accommodate construction traffic without significant wear (i.e., the base course typically and minimally). In the event of a phased land development, each of these systems shall be completed within the current phase all previous phases.

(D)

Receipt of a zoning permit authorizes the developer to clear, grade, excavate, and fill in preparation for site development but shall not exempt the developer from the requirement of a tree removal permit.

2.6.2.   Procedure.

(A)

The developer shall submit a completed application for a zoning permit to the zoning administrator, who shall date and stamp the application "received."

(B)

A completed application for a zoning permit includes those items specified in the following section, which include, but are not limited to a site development plan and an application form and fee.

(C)

The zoning administrator shall have no more than fifteen (15) days in which to review the completed application and either issue the zoning permit or submit to the developer in writing reasons for disapproval. The zoning administrator shall be authorized to inspect natural resource protection measures proposed as part of the site development, as applicable. The fifteen (15) day time limit may be extended by mutual agreement between the developer and the zoning administrator.

(1)

If the proposed site development is within the jurisdiction of the Hanahan Design Control Committee, then its process for review and approval shall apply, per Chapter 3 of this ordinance.

(D)

The developer shall post an approved zoning permit on the development site at a location easily visible and accessible from the adjacent transportation right-of-way until receipt of a certificate of occupancy.

2.6.3.   Application for zoning permit—Site development plan required.

(A)

Application requirements. The following constitute a completed application for a zoning permit.

(1)

An application form available from the zoning administrator. The form shall include the Berkeley County parcel identification number(s) and the address, where available, of the property proposed for development.

(2)

An application fee in the amount set by Hanahan City Council.

(3)

Three (3) copies of the site development plan printed on bond paper or material of equivalent durability. Data sets appearing in the site development plan shall be those below.

(a)

For a single-family detached residential home site or manufactured home site, construction drawings submitted for a building permit may be provided in lieu of a site development plan.

(b)

The site development plan shall include elevation drawings of any structure, sign, or other facility erected vertically to demonstrate compliance of the proposal with height restrictions and appearance standards. The elevation drawings may be attached or illustrated as insets on the plan.

(4)

One (1) copy of the traffic study, where required. Standards and content requirements for the traffic study appear in Section 3.3 of the Hanahan Land Development Ordinance.

(B)

Documentation requirements. The completed application for a zoning permit shall include a site development plan meeting the following standards.

(1)

Scale. The site development plan shall be legibly drawn at a scale that clearly communicates the information required, typically no smaller than one (1) inch equals fifty (50) feet on a sheet twenty-four (24) by thirty-six (36) inches. If the site development plan necessitates more than one (1) sheet, a key diagram drawn at a smaller scale shall show and reference each portion of the plan. The city planner may approve alternate scale and sheet sizes at his sole discretion.

(2)

General information.

(a)

Title block, including the following:

(i)

Proposed name of development, which shall not duplicate or too closely approximate, phonetically or otherwise, the name of any development within the jurisdiction;

(ii)

Names, signatures, and seals of applicant, owner, surveyor, engineer and other professionals involved in plan preparation;

(iii)

North arrow, graphic scale, and written scale;

(iv)

Space for city officials' signatures necessary for approval; and

(v)

The month, day, and year that the original drawing was completed and the month, day, and year for each revision of the original drawing.

(b)

A vicinity map, for the purpose of locating the property being developed, drawn at a scale of one (1) inch equals two thousand (2,000) feet and showing the relation of the property to surrounding properties, differentiated by tone or pattern, to adjoining property and roads, municipal boundaries, and landmarks existing within two thousand (2,000) feet of any part of the property.

(3)

Existing site information.

(a)

The distance and bearing from one (1) corner of the boundary of the development to the nearest intersection of existing streets or roads.

(b)

Total parcel boundaries of the property being developed, showing bearing and distances, and a statement of total acreage of the property.

(c)

Existing parcel identification numbers (tax map numbers).

(d)

Location, ownership, and parcel identification numbers of adjoining properties, including those across rights-of-way.

(e)

Location, ownership, parcel identification numbers, zoning classifications, and land uses of adjoining properties, including those across rights-of-way.

(f)

All existing municipal boundaries, property lines, rights-of-way, easements, railroads, water and sewer lines, fire hydrants, utility transmission lines, culverts, bridges, storm drainage infrastructure, water courses, and buildings and other structures.

(g)

All existing roads, including roads of record but not constructed, and bicycle/pedestrian infrastructure, including sidewalks, on or abutting the tract, labeled with names, right-of-way widths, facility widths, and materials.

(h)

All trees required to be protected, with species and size at diameter at breast height, including graphic indication as to whether Landmark Trees and Protected Trees are proposed to be preserved or removed. Tree survey and protection standards shall be those found in Chapter 7 of this ordinance.

(i)

Type and location of ground cover samples, if required, per Chapter 7 of this ordinance.

(j)

Topography: one- or two-foot contours.

(k)

Flood hazard areas delineated and labeled by type and flood map panel number. Flood hazard information shall be in accordance with the flood hazard ordinance adopted by Hanahan City Council, as amended.

(l)

Critical lines of jurisdictional and isolated wetlands in accordance with state and federal standards as well as any buffers expected to be required by state and federal agencies. The city planner should advise the developer during the pre-application conference about meeting such requirements.

(m)

Endangered species habitat areas, where required by state and federal standards.

(4)

Proposed site development information.

(a)

Proposed land uses.

(b)

Easements, including locations, dimensions, and purposes.

(c)

Plans for utilities (i.e. — sewerage, potable water, electricity, site lighting, cable, telephone, and gas lines, and stormwater drainage).

(d)

Exact footprints of all proposed structures, labeled with function, heated and total floor areas, dimensions, and building setbacks from property boundaries or other features, as may be required in this ordinance.

(e)

Bicycle and pedestrian facilities and widths and materials thereof.

(f)

Extent of all parking areas with indication of stalls, including handicap-accessible and loading stalls.

(g)

Extent of impervious surfaces in square feet and as a ratio of the parcel.

(h)

Any required landscaped areas, vegetative buffers, tree protection areas, and tree planting requirements such as street trees and roadside trees, including labeling of species of plants and groundcover type.

(i)

Location, type, and elevation drawings of signage.

(5)

Platting information. The total tract boundary lines of the area being developed shall be in accordance with the most recent edition of the Minimum Standards Manual for the Practice of Land Surveying in South Carolina, as promulgated by the Code of Laws of South Carolina, Title 40, Chapter 21.

(6)

Supplemental data. Any other information considered pertinent by the applicant, the planning commission, or the city planner to the review of the site development plan shall be submitted with or on the plan

2.6.4.   Appeals.

The developer may appeal the decision of the zoning administrator to the board of zoning appeals in accordance with the appeals process specified in Section 2.3.4.

2.7.1.   Applicability and purpose.

(A)

Proposals of construction and reconstruction shall secure a Building Permit from the City of Hanahan where such is required by the building code adopted by the City of Hanahan, as amended, except that public utilities installing and repairing transmission lines, poles, and substations shall be exempt.

(B)

The purposes of building code administration shall be those found in the building code adopted by the City of Hanahan, as amended.

2.7.2.   Procedure.

(A)

The developer shall submit a completed application for a building permit to the building official, who shall date and stamp the application "received."

(B)

If the proposed construction is within the jurisdiction of the Hanahan Design Control Committee, then the building plans shall conform to the design approved by the design control committee. Review and approval by the building official shall not relieve the applicant from meeting the standards for design control, per Section 3 of the Hanahan Zoning Ordinance.

(C)

The building official will be responsible for transmitting any documents needed to determine compliance with zoning standards to the zoning administrator.

(D)

The building official and the zoning administrator shall have no more than fifteen (15) days in which to review the completed application and either issue the building permit or submit to the applicant in writing reasons for disapproval. A valid building permit shall include the signatures of the building official and the zoning administrator.

(E)

The building official and the zoning administrator shall be authorized to inspect the construction project, as needed. The fifteen (15) day time limit may be extended by mutual agreement between the applicant and the building official.

(F)

The developer shall post an approved building permit on the construction site at a location easily visible and accessible from the adjacent transportation right-of-way until receipt of a certificate of occupancy.

2.8.1.   Purpose.

(A)

All public improvements, including those financially guaranteed, in a major land development shall be completed to the satisfaction of the City of Hanahan prior to application for a certificate of occupancy for any structure within the major land development. In the event of a phased land development, each of these systems shall be completed within the current phase and all previous phases.

(B)

Application for a certificate of occupancy signals to the building official and the zoning administrator that construction and site improvements specified in applications for a building permit and a zoning permit are complete or, where allowed, are financially guaranteed.

2.8.2.   Procedure.

(A)

The developer shall submit a completed application for a certificate of occupancy with the required fee to the building official, who shall date and stamp the application "received."

(B)

Those materials required for certificate of occupancy review and approval shall be those submitted in application for a building permit and a zoning permit, plus any documentation of field changes necessitated during development or construction.

(1)

If the developer proposes to install landscaping specified for the approved zoning permit after issuance of a certificate of occupancy, then the developer shall financially guarantee those improvements per Section 6.9 of this ordinance upon application for a certificate of occupancy.

(C)

The building official will be responsible for transmitting any documents needed to determine compliance with zoning standards to the zoning administrator.

(D)

The building official and the zoning administrator shall have no more than fifteen (15) days in which to review the completed application and either issue the certificate of occupancy or submit to the applicant in writing reasons for disapproval. A valid certificate of occupancy shall include the signatures of the building official and the zoning administrator. The fifteen (15) day time limit may be extended by mutual agreement between the applicant and the building official.

(E)

The building official and the zoning administrator shall be authorized to inspect the site, as needed.

2.8.3.   Appeals.

The developer may appeal the decision of the building official to the board of examiners in accordance with the appeals process specified in the building code, as adopted by the City of Hanahan. The developer may appeal the decision of the zoning administrator to the board of zoning appeals in accordance with the appeals process specified in Section 2.3.4 of the Hanahan Zoning Ordinance.

2.9.1.   Limit on re-application.

Except for requests which are continued with the mutual consent of the applicant and the zoning administrator, an applicant shall not initiate duplicate action for an appeal, variance, special exception, or Zoning Ordinance amendment affecting the same parcel of property or any part thereof more often than once in twelve (12) months.

2.9.2.   Fees and fines.

The city council shall establish a schedule of fees, which shall be posted in the office of the zoning administrator and the city planner and may be altered or amended as needed by city council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

2.9.3.   Violations.

(A)

Applicability. Any violation of the Zoning Ordinance and/or the Land Development Ordinance is unlawful and shall be a misdemeanor per SC Code of Laws § 6-29-950(A). Each day in which the violation occurs or exists shall constitute a separate offense where the zoning administrator determines that the situation places the public in imminent danger or creates an emergency situation. In a situation that does not place the public in imminent danger or create an emergency situation, if, in the opinion of the zoning administrator, no substantial progress is made toward correcting the violation by the end of the seventh calendar day, each day the violation continues thereafter shall be constitute a separate offense.

(B)

Enforcement tools. The following steps may be taken by the zoning administrator to ensure compliance with the Zoning Ordinance and/or the land Development Ordinance of the City of Hanahan.

(1)

Permits. The zoning administrator may withhold any or all zoning permits, building permits, other approvals, or certificate of occupancy for any development that does not comply with the provisions of the zoning and land development ordinances. Such approvals will not be granted to the applicant until the development is brought into compliance with these ordinances. Such denial may be appealed to the board of zoning appeals per Section 2.3 of this chapter and shall remain in effect until overturned by the board, if so voted.

(2)

Stop order. If the zoning administrator finds that any of the provisions of the zoning and land development ordinances are being violated or has received reliable information indicating that a violation of these ordinances is occurring or about to occur, he may issue a stop order, per SC Code of Laws § 6-29-950. A stop order requires that all activities in violation of these ordinances cease. Such action may be appealed to the board of zoning appeals per Section 2.3 and shall remain in effect until overturned by the board, if so voted. The stop order shall cite the activities in violation and the provision of local code being violated. The following steps shall be taken by the zoning administrator to serve a stop order.

(a)

Posting. The zoning administrator shall post a copy of the stop order at a conspicuous location on the site of the violation (e.g., the front door of the temporary on-site construction office or on the posted permit being violated).

(b)

Serving. The zoning administrator shall serve the offending party with a copy of the stop order. If available, the construction foreman on-site shall be served. Another copy of the stop order shall be mailed to the address given on the application for permit being violated. The zoning administrator is also encouraged to mail a copy to the property owner.

(c)

Failure to cease activities for which a stop order is served is unlawful and each day during which such activities persist shall be a separate violation of this ordinance. The zoning administrator shall issue a uniform ordinance summons to the violator.

(3)

Selection of remedial action. In order to correct a violation of the Zoning Ordinance and/or the Land Development Ordinance or to mitigate the adverse impacts resulting from a violation of this ordinance, the zoning administrator has the discretion to select among the following courses of action, as appropriate under the circumstances. The intent of these steps is to allow the non-compliance to be eliminated or mitigated without necessitating legal action by the city or citizens with standing against the violator. Such decision by the zoning administrator may be appealed to the board of zoning appeals; however, during such appeal process, the developer may not proceed in any manner in violation of these ordinances.

(a)

Require the developer or owner to take specific actions to bring the construction or activity in question into compliance with the Zoning and Land Development Ordinances.

(b)

Require the developer or owner to take specific actions that will minimize the extent and impacts of the non-compliance or mitigate the adverse impacts caused by or associated with the violation, so long as undue hardship on adjoining or nearby properties or uses is not created.

(4)

Uniform ordinance summons. The zoning administrator, upon witnessing a violation of the Zoning Ordinance or the Land Development Ordinance, may issue a Uniform Ordinance Summons, per Hanahan City Code Section 6-4-1 and enabled by South Carolina Code § 56-7-80. The Uniform Ordinance Summons shall cite the activity in violation and the provision of local code being violated. Each violation shall require a separate Uniform Ordinance Summons. The offender cannot appeal the issuance of an ordinance summons to the board of zoning appeals.

(5)

Affidavit. Any person with knowledge of the facts of a violation of the Zoning Ordinance or Land Development Ordinance may file an affidavit for a uniform ordinance summons for the violator. The zoning administrator shall serve the uniform ordinance summons on the violator, if authorized.

(6)

Injunction. Per SC Code of Laws § 6-29-950(A), the zoning administrator, other local government officer, a local government attorney, or a neighboring property owner specifically damaged by a Zoning or Land Development Ordinance violation can start an action for injunction in circuit court. Such prohibits property uses contrary to zoning standards and can require the removal of unauthorized structures.

(7)

Civil enforcement. Appropriate actions and proceedings may be taken in law or in equity to prevent any violation of these regulations; to prevent unlawful construction, to recover damages, to restrain, correct, or abate a violation; and to prevent illegal occupancy of a building, structure, or premises. These remedies shall be in addition to the penalties described above.

4.1.1.   Conventional zones.

(A)

Conservation/Preservation (CP). This zone intends to preserve and protect land, marsh, and waters of Hanahan that (1) serve as wildlife refuges, (2) possess great natural or historical significance, (3) serve recreational purposes, and (4) provide needed green space for the health and general welfare of the city's inhabitants. The zone further intends to prevent encroachment of land uses that would adversely impact areas of these four (4) types.

(B)

Single-Family Residential—Low-density (RSL). This zone intends to foster, preserve, and protect existing low-density neighborhoods in which the principal uses of land are detached, single-family dwellings and related accessory and support facilities, so as to protect established communities from overdevelopment. The zone should be mapped to encompass those areas of Hanahan that constitute suburban, bedroom communities within the city.

(C)

Single-Family Residential (RS). This zone intends to foster, preserve, and promote neighborhoods in which the principal uses of land are detached, single-family dwellings and related accessory and support facilities. The zone also provides opportunities for diverse housing choices in planned developments, which shall be held to high standards necessary for compatibility with the surrounding community. The zone should be mapped to encompass those areas of Hanahan that constitute suburban, bedroom communities within the city as well as existing traditional neighborhoods.

(D)

Single-Family Residential—Moderate-density (RSM). This zone intends to foster, preserve, and promote neighborhoods in which the principal uses of land are detached, single-family dwellings and related accessory and support facilities. The zone also provides opportunities for diverse housing choices in planned developments, which shall be held to high standards necessary for compatibility with the surrounding community. This zone should be mapped on a limited basis and is best suited as a transitional area between RS or RSL zoning districts and higher intensity zoning districts, such as CG (General Commercial).

(E)

Multi-Family Residential (RM). This zone intends to accommodate existing medium- to high-density residential development and a variety of housing types on small lots or in planned developments.

(F)

Residential Mobile Home (RT). This zone intends to accommodate manufactured housing development in concert with site-built single-family homes and duplexes in planned developments and cooperative communities.

(G)

Residential/Office (RO). This zone intends to accommodate office, institutional, and residential uses in areas along collector or arterial roads that will not sustain more intense uses or to transition between more intense zoning districts and residential areas.

(H)

General Commercial (CG). This zone intends to foster and advance opportunities for economic development, employment, and sales of goods and services in Hanahan in locations with good access to infrastructure on arterial roads or commercial parks where impacts to lower-intensity uses can be successfully mitigated.

(I)

Industrial (ID). This zone intends to accommodate wholesaling, distribution, storage, processing, and manufacturing in locations with good access to infrastructure on arterial roads or industrial parks where impacts to lower-intensity uses are unlikely.

4.1.2.   Redevelopment zones.

(A)

Town Residential (TR). This zone intends to provide housing in attached and detached units in a highly interconnected, pedestrian-scale environment near shops, schools, recreation, emergency services, and other public and private services typically provided in a full service community. This district is to provide opportunities for development and redevelopment that contributes to neighborhood and town atmospheres without unduly burdening public infrastructure. To further this intent, very light commerce may also occur in or adjacent to housing units to provide additional services to residents and guests of the Town Residential District.

(B)

Town Center (TC). This zone intends to promote and protect the economic growth and vitality of the Yeamans Hall Road commercial corridor by encouraging the convenient and coordinated land use and development between the Hanahan Municipal Complex and Remount Road, a major gateway to the city. It is the intent that regulations for land use and development within this district will:

(1)

Enhance the viability of local businesses by coordinating land uses and site planning in a harmonious, interconnected environment that reduces the need for vehicular transportation to and between establishments;

(2)

Provide opportunities for medium-density residential development that houses a market for commercial uses in the traditional center of Hanahan and carefully balances the impacts of commerce with the needs of residents—especially those in existing houses—in the district by mitigating negative externalities on site;

(3)

Create a sense of place in Hanahan cultivated by high-quality outdoor public spaces by using buildings to form an appealing, safe environment that functions for pedestrians, cyclists and motorists; and

(4)

Build over time a mixed-use built environment that uses land efficiently and generates significant positive revenue for the City of Hanahan.

4.1.3.   Overlay and Floating Zones.

(A)

Planned developments.

(1)

Type "A" PD—Conservation Development. The purpose of this tool is to encourage creative and flexible site design that is sensitive to the land's natural features and adapts to the natural topography; protect environmentally sensitive areas of a development site and preserve on a permanent basis green space, natural features, and prime agricultural lands; decrease or minimize non-point-source pollution impacts by reducing the amount of impervious surfaces in site development; promote cost savings in infrastructure installation by reducing the size, length and impact on infrastructure; provide opportunities for social interaction in park space and pedestrian-friendly areas; and promote higher aesthetic standards in land development similar in use and intensity to the standards of the existing zoning district. The planning commission shall have the authority to modify zoning and land development standards as specified in Section 4.6 to further the intent.

(2)

Type "B" PD—Planned Development District. The purpose of the Planned Development District tool in the City of Hanahan is to encourage variety and flexibility in the use and development of land in order to promote its most appropriate use; to improve design, character and quality of new development; to facilitate the provision of streets and utilities; to preserve natural and scenic features in open space; to allow the developer to meet changes in technology and demand; to provide a maximum choice in types of housing, shopping, and community environment; and to promote higher aesthetic standards for land development in the City of Hanahan. The developer shall own the responsibility to propose alternate zoning and land development standards that further these objectives and, furthermore, to illustrate the envisioned land development that necessitates alternate standards as an official master plan for review by the planning commission and approval of the city council. The proposed text and master plan shall identify all community facilities necessitated by the development to meet the intent of the Hanahan Zoning and Land Development ordinances, including but not limited to roads and parking, parks and open space, natural and cultural resources, and education and public safety facility sites.

(B)

Naval Weapons Station compatibility. This zone intends to ensure that the development of land adjacent to the U.S. Naval Weapons Station (NWS) coexists with its military neighbor, an important employer in the Hanahan area as well as a vital component of national defense. The base commander shall be notified and have the opportunity to comment on rezoning and major land development in this federal military installation overlay zone in accordance with Title 6, Chapter 29, Article 13 of South Carolina Code.

(C)

Design control. The planning commission may recommend and the city council may approve overlay districts within the City of Hanahan in which the developer must propose buildings and land developments to the design control committee for review and approval. A design control overlay district does not modify the zoning standards of the underlying zoning district; rather, it requires the proposal to meet objectives specified by the text of that specific overlay district through qualitative review of the functionality and aesthetic quality of the building or land development design. At a minimum, the proposal shall be reviewed with the considerations specified in Section 3.9 of this ordinance.

4.4.1.   In general.

(A)

Accessory uses. Uses customary and incidental to the function of the primary use—that for which a zoning permit is sought or in hand—are allowed by right, except as otherwise provided herein.

(B)

Accessory structures. One (1) or more structures accommodating accessory uses shall be no larger in total floor area than half that of the primary structure (the structure occupied by the primary use), shall occupy no more than one-third (⅓) of the total lot area, and shall not exceed the height of the principal structure on the parcel by more than fifty (50) percent. Structures in excess of these limitations shall be considered primary structures occupied by primary land uses.

(C)

Accessory vehicle parking. All vehicle parking provided for use by patrons, occupants, or other users of structures on the same parcel of land shall be considered incidental. Parking for a structure located on another parcel shall be considered an accessory use to the structure only when a legal agreement or easement exists that specifies the parking area is for the exclusive use of the structure to which the parking is accessory. Vehicle parking as a primary land use is a personal service (Land Use Code 2600) and is allowed according to the land use table.

(Ord. No. 5-2010, § 1, 7-13-2010)

4.4.2.   Accessories for single-family detached residences.

(A)

Accessory structures shall be no larger than fifty (50) percent of the house in gross floor area. Any non-residential use of the structure shall comply with Section 9.4.

(B)

Pools and tennis courts and their appurtenant or integral structures—including but not limited to walls, equipment rooms, cabanas, decks, and skirts—shall not encroach required yards, except as provided herein. Pools and tennis courts shall be fenced or otherwise protected from human intrusion; such fencing or other screening need not meet setback requirements provided it is not integral to the pool, tennis court, or appurtenant structure.

(Ord. No. 5-2010, § 1, 7-13-2010)

4.4.3.   Accessory dwelling unit.

(A)

A dwelling unit accessory to a single-family detached home shall be a permanent structure no larger than six hundred (600) square feet in heated floor area.

(B)

A dwelling unit accessory to a non-residential use shall be located above the primary use and shall be no larger in heated floor area than the primary use or twenty-five hundred (2,500) square feet, whichever is less.

4.5.1.   Administration of standards.

This section specifies building and lot standards applicable to each zone in the City of Hanahan. All standards found herein are specific to the zone and shall be applied in addition to or, rarely, in place of standards that apply to all property in the city. Each zone includes basic standards, which shall be interpreted and enforced as follows.

(A)

Minimum lot area: Lots proposed in a zoning district shall meet or exceed the minimum land area required. Non-residential lots may be required to be larger than residential lots in a zoning district. A non-residential land use shall not be proposed on an existing lot smaller in area than that required for a non-residential use. Naturally occurring surface water, wetlands, and land within rights-of-way and ingress/egress easements shall not count toward area required to meet minimum lot size.

(B)

Minimum lot width: Lots proposed in a zoning district shall meet or exceed the minimum width required from the front boundary of the lot to the rear of the primary structure. The planning commission may allow a reduction in minimum lot width by one-third (⅓) at the road frontage on the outside of a curved right-of-way boundary, provided the side lot lines are oriented radial to the right-of-way boundary.

(C)

Minimum setbacks: All structures on a lot shall be sited a distance equal to or greater than the minimum required setbacks from property boundaries for the district, except for the following which may protrude a maximum of twenty-four (24) inches into required setback: an unenclosed, unscreened front porch, portico, or gallery; patios, decks, and balconies; roof eaves, overhangs, and gutters; and stoops and stairs. Other structures not attached to the primary structure, including but not limited to garages, sheds, and other accessory structures shall be located a minimum of five (5) feet from a side or rear property line; provided however that this provision shall neither exempt the builder from meeting the fire code administrated by the City of Hanahan nor allow encroachment of easements on the property. All pools shall be setback a minimum of ten (10) feet, with decking no closer than five (5) feet, from side and rear property lines.

(D)

Maximum impervious surface ratio: The high ground of the site or land development shall not be covered by structure, paving, and other surfaces impervious to water at a greater proportion than the maximum specified for the zone. Wetlands within a surveyed critical line shall not count toward the pervious proportion of the parcel.

(E)

Maximum floor/area ratio: The gross floor area of structure shall not exceed the maximum proportion of high ground area specified for the zone in which the site or land development is located. For example, a lot measuring twenty thousand (20,000) square feet in area occupied by structure five thousand (5,000) square feet in gross floor area has a floor/area ratio of twenty-five (25) percent. Wetlands within a surveyed critical line shall not count toward land area for this calculation.

(F)

Maximum height: The maximum height of structure on the lot shall be measured from mean finished grade to the highest point of structure, with the following exceptions.

(1)

So as not to penalize a builder proposing a pitched roof, the maximum height shall be measured to the mean height of the roof (mid-span between the roof ridge and eaves).

(2)

Roof vents, chimneys, cupolas, steeples, belfries, spires, antenna, smokestacks, HVAC equipment, satellite dishes, flagpoles, elevator and stairwell penthouses, an railings required by building code shall be exempt from maximum height limitations.

(3)

Telecommunications towers shall meet the requirements of Section 5.14.

(G)

Maximum residential density: The number of dwelling units on a site or land development shall not exceed the maximum per acre of high ground. Wetlands within a surveyed critical line shall not count toward land area for this calculation, except where a permit has been obtained to fill the wetlands.

(Ord. No. 5-2010, § 1, 7-13-2010; Ord. No. 5-2011, § 1, 6-14-2011)

4.5.2.   Conservation/preservation.

(A)

Basic zoning standards.

(B)

Each land use shall include parking in accordance with Section 5.9 of the Hanahan Land Development Ordinance.

4.5.3.   Single-Family Residential—Low-density (RSL).

(A)

Basic zoning standards.

(B)

Residential site yards shall occupy at least twenty-five (25) percent of the width of the lot in sum. No side setback shall be less than five (5) feet.

(C)

Each land use shall include parking in accordance with Section 5.9 of the Hanahan Land Development Ordinance.

4.5.4.   Single-Family Residential (RS).

(A)

Basic zoning standards.

(B)

Residential site yards shall occupy at least twenty-five (25) percent of the width of the lot in sum. No side setback shall be less than five (5) feet.

(C)

Each land use shall include parking in accordance with Section 5.9 of the Hanahan Land Development Ordinance.

4.5.5.   Single-Family Residential—Moderate-density (RSM).

(A)

Basic zoning standards.

(B)

Each land use shall include parking in accordance with Section 5.9 of the Hanahan Land Development Ordinance.

4.5.6.   Multi-Family Residential (RM).

(A)

Basic zoning standards.

(B)

On-site parking shall not be located between the transportation right-of-way and the primary structure. No portion of a private garage or carport, where proposed, shall be placed forward of the façade of the primary structure with reference to the road (alleys not included).

(C)

Each land use shall include parking in accordance with Section 5.9 of the Hanahan Land Development Ordinance.

(D)

A fifteen (15) foot landscaped buffer will be required if development abuts single-family housing such as the RS, RSL and RSM districts. If parcel is irregularly-shaped or relatively small, zoning administrator may adjust buffer width.

(E)

A ten (10) foot landscaped buffer will be required if development abuts a utility facility or Industrial use.

(F)

Any development with one hundred (100) units or more will be required to provide a traffic study. Refer to Section 3.3(B) of the Land Development Ordinance to see what is required for the "Study Scope."

( Ord. No. 1-2020 , § 1, 1-7-2020)

4.5.6.1   Multi-Family Residential-Neighborhood (RM-N).

(A)

Basic zoning standards.

(B)

On-site parking shall not be located between the transportation right-of-way and the primary structure. No portion of a private garage or carport, where proposed, shall be placed forward of the façade of the primary structure with reference to the road (alleys not included).

(C)

Each land use shall include parking in accordance with Section 5.9 of the Hanahan Land Development Ordinance.

(D)

A fifteen (15) foot landscaped buffer will be required if development abuts single-family housing such as the RS, RSL and RSM districts. If parcel is irregularly shaped or relatively small, zoning administrator may adjust buffer width.

(E)

A ten (10) foot landscaped buffer will be required if development abuts a utility facility or Industrial use.

(F)

Any development with one hundred (100) units or more will be required to provide a traffic study. Refer to Section 3.3(B) of the Land Development Ordinance to see what is required for the "Study Scope."

( Ord. No. 1-2020 , § 1, 1-7-2020)

4.5.7.   Residential—Manufactured Housing (RT).

(A)

Basic zoning standards.

(B)

Each land use shall include parking in accordance with Section 5.9 of the Hanahan Land Development Ordinance.

4.5.8.   Residential/Office (RO).

(A)

Basic zoning standards.

(B)

Each land use shall include parking in accordance with Section 5.9 of the Hanahan Land Development Ordinance.

4.5.9.   General Commercial (CG).

(A)

Basic zoning standards.

(B)

Each land use shall include parking in accordance with Section 5.9 of the Hanahan Land Development Ordinance.

4.5.10.   Industrial (ID).

(A)

Basic Zoning Standards.

(B)

Each land use shall include parking in accordance with Section 5.9 of the Hanahan Land Development Ordinance.

(Ord. No. 5-2013, § 2, 4-9-2013)

4.5.11.   Town Residential (TR).

(A)

Expanded Basic Zoning Standards. Due to the array of parcel boundary configurations possible within attached residential housing, conventional lot and bulk requirements are not necessarily based on the lot proposed for construction, but to the structure proposed, neighboring structures, neighboring lots, streets, and rights-of-way.

(B)

Design standards. The applicant who has not met these design standards, in the opinion of the zoning administrator, may appeal the decision to the design control committee, which shall be charged with upholding the intent of the Town Residential Zone.

(1)

All parcels, except those on which educational and religious institutions are located, shall be limited to four thousand (4,000) heated square feet and one thousand (1,000) unheated square feet.

(2)

All non-residential uses, except accommodations functions, park space, and uses in live/work units and home occupations, shall occur on corner lots. The primary public entrance to the use shall occur within forty (40) feet of the parcel corner at the road intersection.

(3)

Live/work units on interior lots shall accommodate one (1) of the following land uses: Finance and insurance; real estate, and rental and leasing; arts, entertainment, and recreation; and social assistance, welfare, and charitable services.

(4)

The façade and primary entrance as well as the more public spaces of a structure, such as retail shopping area or studio, shall be oriented to the transportation right-of-way and not an alley or interior parking area. The façade and primary entrance shall be directly accessible to pedestrian circulation and shall orient as nearly as possible to perpendicular to the transportation right-of-way.

(5)

On-site parking shall not be located between the transportation right-of-way and the primary structure. No portion of a private garage or carport, where proposed, shall be placed forward of the façade of the primary structure with reference to the road (alleys not included).

(6)

Each land use shall include parking in accordance with Section 5.9 of the Hanahan Land Development Ordinance.

(C)

Town Residential District Land Development Standards. The applicant who has not met these design standards, in the opinion of the city planner, may appeal the decision to the planning commission, which shall be charged with upholding the intent of the town residential zone and the land development standards of the City of Hanahan.

(1)

Because townhouses are often located on parcels that align closely with their building footprints, the maximum impervious surface ratio for townhouse and patio home land developments shall be seventy-five (75) percent, measured per block, bound by back of curb.

(2)

Primary vehicular access shall not be provided via single-terminus roads or loop roads, except where approved by the planning commission to further natural resource protection. Two (2) or more routes of access within the development shall exist to each unit inasmuch as practical, as determined by the planning commission.

(3)

Each land use shall provide motor vehicle parking in accordance with Section 5.9 of the Hanahan Land Development Ordinance.

(4)

Bicycle parking, in the form of a rack or similar fixed structure, shall be provided at a ratio of one (1) place per twenty (20) required vehicle stalls. Land uses with fewer than twenty (20) vehicle stalls shall not be required to provide bicycle parking.

(5)

Active park space for community recreation land shall be dedicated, one-quarter (¼) acre per ten (10) units in a major land development plan; such space may include amenity structures, athletic facilities, and formal parks and shall be adjacent to vehicular transportation routes; such space may be allocated throughout the development, including pocket parks and plazas, provided they are defined by structures (gazebo, garden wall, etc.), landscaping (hedges, pavers, etc.), park furniture (bench, fountain, public art, playground equipment, etc.), and circulation infrastructure; stormwater management features are encouraged to be incorporated into active park space; otherwise, the features count toward open space only.

4.5.12.   Town Center (TC).

(A)

Lot requirements.

(1)

Area. Nine hundred (900) square feet, minimum.

(2)

Width. Eighteen (18) feet, minimum, for the depth of the lot.

(3)

Depth/width ratio. The width of the parcel shall be at least one-fifth (⅕) the depth throughout the parcel.

(B)

Building requirements.

(1)

Front setbacks. The average front setback of the primary building shall not be greater than the height of the primary building.

(2)

Side setbacks. No side yard shall be required for buildings shorter than three (3) stories and thirty-five (35) feet.

(3)

Rear setbacks. Twenty-five (25) feet, minimum, unless a rear access alley is provided, in which case the minimum depth of the rear yard shall be regulated by vehicular access, as follows:

(a)

The rear yard shall be five (5) feet if parking is located in the alley right-of-way or easement.

(b)

In the event of perpendicular parking stalls on private property, the rear yard shall be thirty (30) feet, minimum, including parking stalls.

(c)

In the event of angled parking on private property, the rear yard shall be twenty-five (25) feet, minimum, including parking stalls.

(C)

Building height limitations.

(1)

All buildings shall be a maximum of four (4) stories in height. The maximum building height shall be forty-five (45) feet. The maximum height of all artificial improvements shall be sixty (60) feet.

(2)

Building step back. All structure equal to or taller than three (3) stories and thirty-five (35) feet shall be set back at least fifteen (15) feet, on average, from all lot lines.

(D)

Design standards.

(1)

Façade. The façade is the exterior wall of the building that incorporates primary and public entrances, behind which is the most publicly accessible space in the building. In the TC District, the façade shall always be the front of the building and shall face the property boundary along the road right-of-way. In the event that the property abuts two (2) road rights-of-way, the façade shall face the road with the higher classification ("A" through "D").

(a)

At least one (1) public entrance shall be provided in the building façade accessible directly from the public right-of-way by means of a walkway vertically separated from adjacent parking surfaces.

(b)

The ratio of solids to voids in the façade shall not exceed three (3) to one (1) (seventy-five (75) percent) in area. For multi-story buildings, this standard shall apply on each story. Windows and doors, including their mullions, muntins, sashes, and glazing, shall be considered void for the purpose of this standard, except that faux windows and glass that is at least ninety (90) percent reflective shall be considered solid.

(c)

The building façade shall be stone, brick, wood, cementitious building materials, or stucco, or any combination thereof. Exposed or painted walls of concrete masonry units and metal shall be prohibited.

(d)

Porches, porticos, piazzas, and the like, together with the wall behind, compose layered façades. The exterior wall within a layered façade, such as that behind a colonnade, shall meet the 3:1 solid-to-void ratio (seventy-five (75) percent). In other words, the archways between the columns of a portico, the posts of a porch, or the piers of a piazza shall not be considered façade voids.

(2)

Corner lots. In the TC District, the front yard shall be that between the primary structure and the road with the higher classification ("A" through "D"). The side yard adjoining the secondary road shall meet the following criteria:

(a)

The wall shall have a solid-to-void ratio no greater than 4 to 1 on the exterior wall of the first storey. The same constraints defining façade solids and voids shall apply.

(b)

The exterior wall of the first storey shall be stone, brick, wood, cementitious building materials, or stucco, or any combination thereof. Painted or exposed walls of concrete masonry units or metal shall be prohibited.

(3)

Color scheme. At least ninety (90) percent of exterior colors, measured in surface area, of artificial elements shall be selected from the following palette. Black, gray, white, and exposed concrete shall not count toward or against calculating compliance with the color scheme requirement. The rear elevation of the building shall be exempt.

(a)

The natural colors of brick, stone, and finished wood;

(b)

All shades and tints of brown (e.g., sand, tan, beige, cream, umber, sienna); and

(c)

Shades of all colors at least one (1) part black to three (3) parts color.

(4)

Requirements for certain building elements.

(a)

Drive-through windows shall face an interior lot line.

(b)

Canopies for automobile service areas, including drive-through services, shall not be located between the primary building and a Type "A" or Type "B" road right-of-way, as described in subsection 4.5.12(E), below.

(c)

All automobiles, trucks, and trailers parked or stored outdoors overnight shall be encircled by a six (6) foot (min.) privacy fence and buffered from adjacent property by a landscaped buffer per Section 6.

(d)

Where provided, on-site commercial truck parking and loading facilities shall be located to the side or rear of the primary building such that the loading door is in the back half of the building and faces an interior lot line or alley.

(e)

Commercial overhead doors shall not face a Type "A" or Type "B" road right-of-way.

(f)

All mechanical equipment shall be installed behind or atop buildings they serve.

(g)

All fences and exterior walls within thirty (30) feet of the public right-of-way shall be constructed so that iron, brick, and/or stucco are the only materials visible from the road right-of-way. Chain-link fencing shall be prohibited.

(5)

Landscaping.

(a)

A front yard, where provided, shall not be covered with asphalt except to provide for on-street parking. The front yard shall include one (1) tree and four (4) shrubs per two hundred (200) square feet. The front yard may be landscaped or treated as a patio or plaza, or any combination thereof. Required vegetation may be planted or potted. Patio and plaza materials shall not consist of asphalt.

(b)

A side yard abutting a public-right-of-way, where provided, shall be landscaped with permeable surfaces with appropriate groundcover, one (1) tree, and four (4) shrubs per one hundred (100) square feet, except for areas constructed and designated for pedestrian access or outdoor sales and dining.

(c)

The planning commission and the design control committee, for projects under the purview of each, may require low-impact development (LID) or green building practices to slow the rate of outflow and filtrate stormwater before it enters road rights-of-way.

(6)

Signage standards.

(a)

Portable signs shall be prohibited, except for sandwich boards with faces no larger than two (2) feet by three (3) feet.

(b)

Freestanding pole-mounted signs and billboards shall be prohibited. All permanent signage shall be attached to buildings, except as allowed by the design control committee. The design control committee may allow monument signs in the TC District in accordance with Section 8.3.3.

(c)

All signage except wall signs and monument signs shall be less than twenty (20) square feet in display area.

(7)

Site lighting. The following standards apply to all illumination of exterior circulation, parking, and service areas, including those covered by an awning or canopy.

(a)

Site lighting sources shall not be more than twenty (20) feet above finished grade, except for security lighting of rear and side yards and illumination of flags required by law.

(b)

Rear-yard security lighting higher than twenty (20) feet above finished grade shall be buffered along parcel boundaries per Section 6.

(c)

Light sources illuminating automobile service areas under awnings and canopies shall be fully recessed so that motorists on the adjoining road right-of-way are shielded from glare.

(8)

Parking and access standards.

(a)

Each land use shall provide motor vehicle parking in accordance with Section 5.9 of the Hanahan Land Development Ordinance.

(b)

Bicycle parking, in the form of a rack or similar fixed structure, shall be provided at a ratio of one (1) place per twenty (20) required vehicle stalls.

(c)

On-site pedestrian circulation shall be clearly differentiated from vehicular circulation and parking areas by material and vertical separation. Asphalt may be used as a material for vehicular parking and circulation only and shall not be used for pedestrian circulation.

(d)

No vehicular circulation or parking shall be permitted between the façade and the road right-of-way, except that designed as angled or parallel on-street parking.

(i)

In the case of site redevelopment utilizing existing structure, the design control committee shall be authorized to modify this standard, provided the developer proposes a suitable alternative, consisting of a garden wall with foundation plantings, at minimum, to screen vehicular parking from the road right-of-way.

(ii)

On-street parking may span between the right-of-way and the front yard so as to avoid right-of-way expansion. Drainage shall be provided between parking stalls and travel lanes to prevent ponding. The planning commission shall be authorized to approve modifications to this standard, provided the developer proposes suitable alternate measures to manage stormwater.

(e)

Vehicular access to off-street parking shall be limited to one (1) two-way or two (2) one-way driveways accessing Type "A" and "B" roads. Additional access may be provided from Type "C" and "D" roads. One-way driveways shall be twelve (12) to sixteen (16) feet wide. Two-way driveways shall be twenty-two (22) to twenty-eight (28) feet wide. Edge-of-pavement or curb radii shall be ten (10) to twenty (20) feet so as to allow slow, safe traffic movements while protecting pedestrians.

(f)

Any outdoor storage or overnight parking of commercial vehicles shall be screened from adjoining properties by a landscaped buffer per Section 6.5.

(E)

Road types. Roads in Town Center zoning districts shall be classified by level and mode of public activity. The purpose is to control the type and frequency of access to the road by motor vehicles and to prioritize the road to be addressed by building façades. Those roads with higher levels of pedestrian activity (existing and planned) must offer greater protection and higher levels of service to pedestrians through restricted access and multi-modal design. Other roads are thus more appropriate for service vehicle access. Roads shall be mapped by type on the official zoning map. New roads proposed in a major land development shall indicate road types in each stage of land development review. Roads shall be classified as follows:

(1)

Type "A" is the most public road, with heavy traffic, both residential and commercial. It is a central artery of the district and serves as a gathering place within the district. Commercial and institutional uses are most appropriate along this road type. Pedestrian access, mobility, and safety shall be prioritized over vehicular mobility.

(2)

Type "B" roads are moderately trafficked, primarily by residents and prospective patrons of the district. Office and residential uses are most appropriate along this road type. Pedestrian access, mobility, and safety shall be prioritized over vehicular mobility.

(3)

Type "C" roads prioritize vehicular access for commercial uses. This road type typically functions in tandem with a Type "A" road to separate needed truck access from the pedestrian environment of the district's gathering place.

(4)

Type "D" roads are alleys, intended for immediate access to and parking "for all uses. Parcels with alley frontage typically have frontage on a Type "A" or Type "B" road as well.

(F)

Town Center—A Design District. The Hanahan Design Control Committee, as provided in Chapter 3 of this ordinance, shall have the authority to issue certificates of appropriateness to projects that successfully meet design criteria. In the Town Center zoning districts, many projects are eligible for administrative review and shall conform to a set of quantitative design standards specified. Design review will apply to projects of or greater than a certain size, scale, or use that necessitates higher scrutiny through qualitative consideration, according to the following table:

(G)

Design control committee objectives for the Town Center Zone.

(1)

Objectives of principle. In addition to those objectives set forth in provisions establishing the design control committee, the committee shall promote the following in Town Center districts:

(a)

A safe, interconnected transportation system in which motorists, cyclists, and pedestrians can freely and leisurely travel to, from, and within a TC district;

(b)

Adequate and safe access for commercial vehicles, which may be accomplished via rear alleys to improve the public realm of Yeamans Hall Road in accordance with objective (a), above;

(c)

An integrated built environment where aesthetics, circulation, and private property frame a cohesive public space, which consists of but is not dominated by Yeamans Hall Road;

(d)

A comprehensive outdoor environment that is complimented, not dominated or diluted by signage, illumination, landscaping, and stormwater management features;

(e)

A unified whole whereby the aesthetics of a TC district combine to create a sense of place, as opposed to a disorderly assortment of individual establishments, through coordinated building and landscaping materials; smooth transitions in building scale; and visually expressed arrival points;

(f)

A quality mixed use environment where land uses are arranged in complimentary fashion so as to reduce conflicts caused by the negative externalities light, noise, odor, and vibration; and

(g)

A district of Hanahan that not only meets the letter of zoning code but the intent as well.

(2)

Objectives of practice. In addition to those objectives set forth in provisions establishing the design control committee, the committee shall promote the following in a Town Center district.

(a)

Pedestrian facilities shall be connected across property boundaries and are not interrupted or rendered uncomfortable or unsafe by design or automobile traffic.

(b)

Automobile parking shall not dominate the landscape and contribute to visual blight in the district. Parking should appear as well as function as ancillary to the primary use of land on a given parcel.

(c)

A Town Center district shall be a place people are traveling to rather than through. Streets, driveways, and parking stalls shall be designed around buildings, walkways, and people.

(d)

Buildings, landscaping, signage, and other improvements shall be in scale with their surroundings and at a scale intended for the pedestrian, not the automobile. Those buildings, which by monolithic or monotonous size or appearance, dominate nearby properties in scale shall be fit into the district with buffers and setbacks that soften the disparity with adjacent conditions.

(e)

Those land uses generating negative externalities shall be buffered and/or enclosed inasmuch as possible to reduce conflicts with neighboring properties. The use and enjoyment of residential and retail property shall be safeguarded against truck traffic, light, noise, and vibration.

(Ord. No. 3-2009, § 1, 5-12-2009; Ord. No. 11-2011, § 1, 12-13-2011)

4.6.1.   General Provisions.

(A)

The minimum land area on which a Conservation Development may be proposed shall be two (2) acres, exclusive of wetlands and existing rights-of-way.

(B)

The land proposed for development shall adjoin and have full access to all public infrastructure and services available in the City of Hanahan - roads, water and sewer service, stormwater drainage, etc. The responsibility of providing the improvements necessary to the development shall be applicant's. The proposal shall, where possible, enhance connectivity of infrastructure and minimize dead-end infrastructure lines (roads, water and sewer lines, etc.) by accessing infrastructure networks available along road frontages and adjoining land developments.

(C)

At least fifteen (15) percent of buildable land shall be dedicated as green space for purposes of natural and cultural resource conservation and/or recreation and social interaction in order to meet the intent of the Type "A" PD—Conservation Development. The planning commission shall be authorized to require a greater percentage of land to be conserved to further the purposes of this planned development tool and the Zoning Ordinance as a whole. The greater percentage of green space shall be commensurate with increased deviation from base zoning standards.

(D)

The land for which a Type "A" Planned Development is proposed shall retain the underlying zoning district(s). All principal and accessory uses allowed in the zoning district(s) shall be allowed in proposed planned developments.

(E)

The maximum impervious surface ratio, floor area ratio, and residential density (units per acre), all of which regulate the intensity of development, shall be applied to the entire Land Development rather than to any individual lot. Other standards specific to the zoning district shall remain in effect for each proposed lot.

(F)

The planning commission shall be authorized to modify or waive the following standards insofar as they further the objectives of conservation of natural and cultural resources and provision of meaningful recreational and social gathering spaces:

(1)

Minimum lot size;

(2)

Minimum lot width;

(3)

Minimum setbacks; and

(4)

Required screening and buffering.

4.6.2.   Procedure for review.

(A)

A Type "A" Planned Development shall be submitted to the planning commission as a major land development per Section 2.3 of the Hanahan Land Development Ordinance. No additional steps or materials are required.

(B)

Modification and waiver of standards shall be considered only for the phase of the development submitted for review.

(C)

Any changes to the Type "A" PD during development shall be made in accordance with Chapter 2 of the Hanahan Land Development Ordinance. Re-subdivision of land after completion of the Conservation Development shall comply with the requirements of the zoning district. No modifications and waivers afforded the original planned development shall apply.

(D)

The developer proposing a conservation subdivision shall make adequate provisions for ownership and maintenance of conserved green space to reasonably ensure that it cannot be re-subdivided in the future. At a minimum, a deed restriction preventing further subdivision of green space shall be noted on the final plat. The planning commission may initiate rezoning of the green space to a conservation/preservation district upon final plat approval.

4.6.3.   Conservation development architectural design provisions.

(A)

The developer proposing a Type "A" Planned Development shall meet design criteria intended to minimize monotony in development, which is potentially more acute in a development with smaller lots.

(1)

The applicant shall be encouraged to submit a narrative regarding the originality and innovation of the development, including architectural guidelines, subdivision master planning, and natural and recreational amenities. The narrative should include plans and façade elevations or renderings of prospective structures in the development. The narrative should also illustrate or discuss variations in cladding colors and materials of prospective structures. The narrative, where submitted shall not be a regulatory instrument, but provided to the planning commission for information only. The preliminary land development plan, as approved by the planning commission, shall dictate.

(2)

The developer shall be encouraged to submit covenants and restrictions proposed for the property owners association that include the design regulations specified herein; although, these shall also be considered for information only. Building design regulations shall be enforced upon application to the City of Hanahan for zoning and/or building permits.

(B)

Front yards provided in a conservation development shall not be uniform.

(1)

Façades of multi-unit structures, such as townhouses, offices, and retail spaces, shall fluctuate by a minimum of two (2) feet forward or backward from unit to unit so as to articulate each unit as individual and independent.

(2)

Front yards of single-family detached residences and duplexes should vary as well. At a minimum, homebuilders should be encouraged to include front porches or porticos to accomplish variation.

(C)

Garage doors facing the right-of-way shall not be forward of the primary entrance (i.e., "front") door of a residential unit in relation to the right-of-way. This standard shall not apply to alleys.

(D)

Single-family residential lots less than forty (40) feet wide shall be provided with access via alley to the rear or by shared driveways meeting Hanahan Land Development Ordinance standards.

(E)

Front and side elevations of all primary buildings shall be at least ten (10) percent void, except where disallowed by fire code, as adopted and enforced by the City of Hanahan. Hinged doors (i.e., not overhead) and windows, including dormer and gable-end windows, shall be employed to meet this requirement.

(F)

Buildings clad with vinyl, wood, or cementitious siding shall include trim, at least three and one-half (3.5) inches wide, around wall openings, beneath eaves, and along wall corners. Brick-clad buildings shall be encouraged to include arches (typically jack arches) over wall openings and quoins at corners for articulation. Buildings with traditional appearances shall be encouraged to include window shutters where appropriate.

(G)

All buildings with pitched roofs shall include eaves that overhang the exterior wall at least ten (10) inches.

(H)

For multi-unit structures with pitched roofs and eaves, ridges and eaves shall not continue uninterrupted from unit to unit.

4.7.1.   General provisions.

(A)

A Planned Development District is a zoning district proposed by the developer in place of existing zoning classifications applied to the land proposed for development. This Type "B" PD differs from a Type "A" PD in that existing zoning standards are replaced rather than modified. The developer may therefore propose alternative land uses and development intensities. Rezoning—legislative action taken by Hanahan City Council—is therefore necessary for final approval of a Type "B" PD, a Planned Development District.

(B)

The applicant proposing a Planned Development District in the City of Hanahan shall achieve all of the standards of this section in good faith and shall demonstrate intent of achieving such standards and document how they will be achieved in writing and through illustration.

(C)

It shall be the responsibility of the applicant to demonstrate why zoning and land development standards of the City of Hanahan otherwise applicable should be modified or replaced by the provisions of the proposed Planned Development District. The applicant shall document exceptions or variations to existing zoning and land development regulations essential to the project in terms of site, design, or dimensional requirements.

(D)

The proposed land uses, development intensities, and associated standards shall be consistent with all policies and goals of the City of Hanahan Comprehensive Land Use Plan.

(E)

The proposal shall efficiently and effectively program the use of land in a manner that preserves natural amenities and environmentally sensitive features to the greatest extent possible.

(F)

The proposal shall not negatively alter the existing prevailing character of an adjacent neighborhood or district by initiating a high concentration of intense uses, a high volume of heavy truck traffic, a scale of the development that dwarfs neighboring properties or disrupts community aesthetics, or degradation and loss of natural resources in and adjacent to the city.

(G)

The proposed development shall not create any externalities—obtrusive, disruptive, intrusive, or excessive light, odor, noise, or vibration—beyond the boundaries of the Planned Development District.

(H)

The proposed Planned Development District with residential and/or retail components shall include pedestrian-friendly circulation, building scale, and aesthetics and for future occupants to allow the opportunity to walk within the City of Hanahan and to preempt the necessity of driving within the built-out Planned Development District.

(I)

The land proposed for development shall adjoin and have full access to all public infrastructure and services available in the City of Hanahan—roads, water and sewer service, stormwater drainage, etc. The responsibility of providing the improvements necessary to serve the development shall be that of the applicant. The proposal shall, where possible, enhance connectivity of infrastructure and minimize dead-end infrastructure lines (roads, water and sewer lines, etc.) by accessing infrastructure networks available along road frontages and adjoining land developments.

4.7.2.   Minimum requirements for Planned Development Districts.

(A)

the following shall be required for consideration of a tract of land for a Type "B" Planned Development.

(1)

Minimum district size: Two (2) acres. A Planned Development District may need to be larger than two (2) acres to meet the next standard, "district location."

(2)

District location. So as to avoid illegal spot zoning, a Planned Development District shall be located in an area that can be justified as a distinct district based on the characteristics of the land, access to infrastructure, and juxtaposition of zoning districts in the vicinity.

(3)

Minimum public infrastructure. The area proposed for a Planned Development District shall have direct access to public infrastructure systems—roads, potable water, sewer, stormwater drainage, etc.—in a location where the infrastructure systems can adequately accommodate increases in demand reasonably expected to be generated by development within the PDD. Alternatively, the developer shall propose to upgrade the infrastructure systems accordingly. Proposed improvements need not be limited to infrastructure segments abutting the property; the broader system shall be upgraded to offset negative impacts to surrounding districts.

(B)

The following minimum requirements shall be met by the approved development upon completion.

(1)

The Planned Development District shall include setbacks and/or buffering from adjoining districts of significantly lower development intensity. Specific dimensions of setbacks and buffering shall be proposed by the applicant and reviewed by the planning commission.

(2)

The Planned Development District shall include provisions to protect natural and cultural resources, provide adequate buffering thereof, and designate adequate park space for recreation and social interaction as appropriate for the land uses and development intensities proposed. Specific dimensions, acreages, and locations shall be proposed by the applicant and reviewed by the planning commission.

(C)

Improvements required by the City of Hanahan shall be limited to capital projects necessary to ensure preservation of pre-existing levels of service in Hanahan. In the event that the proposed planned development can be expected to create a proportional need for upgraded capital facilities, Section 5.18 of the Hanahan Land Development Ordinance: "Adequate, Oversized, and Off-site Improvements" shall prevail.

4.7.3.   Procedures for review and Approval.

(A)

The developer proposing a Type "B" Planned Development is encouraged to prepare a sketch plan per Section 3.1 of the Hanahan Land Development Ordinance.

(B)

The Developer shall submit a district name (e.g., Crossroads Planned Development District), statement of intent, illustration of existing conditions, Master Development Plan, and set of regulatory provisions for the proposed Planned Development District suitable for adoption by ordinance by the City of Hanahan. These materials shall be submitted to the Hanahan Zoning Administrator as components of the completed application for rezoning per Section 2.4 of this ordinance.

(C)

The Planned Development District (PDD) shall be reviewed and approved or disapproved as rezoning for the affected property according to the process set forth in Section 2.4. If the Hanahan City Council approves the PDD and adopts it by ordinance, the Master Development Plan shall be considered part of the Hanahan Official Zoning Map by reference. The statement of intent and regulatory provisions shall be the zoning standards for the district and a subsection of the Hanahan Zoning Ordinance.

(D)

Failure of the applicant to gain approval from the city council as a Planned Development District shall result in the property under consideration remaining in the zoning district existing at the time of application.

4.7.4.   Requirements for illustration of existing conditions.

The applicant shall submit ten (10) copies of an illustration of existing conditions for the proposed development, legibly drawn at a scale that clearly communicates the information required, typically no smaller than one (1) inch equals two hundred (200) feet (one (1″) = two hundred (200 ′)), that includes the following information:

(A)

General information.

(1)

Title block, including the following:

(a)

Proposed name of development;

(b)

Names, signatures, and seals of applicant, owner, surveyor, engineer and other professionals involved in plan preparation;

(c)

North arrow, graphic scale, and written scale; and

(d)

The month, day, and year that the original drawing was completed and the month, day, and year for each revision of the original drawing.

(B)

A vicinity map, for the purpose of locating the property being developed, drawn at a scale of one (1) inch equals two thousand (2,000) feet (one (1″) = two thousand (2,000′)) and showing the relation of the property to surrounding properties, differentiated by tone or pattern, to adjoining property and roads, municipal boundaries, and landmarks existing within two thousand (2,000) feet of any part of the property.

(C)

Existing site information.

(1)

The distance and bearing from one (1) corner of the boundary of the development to the nearest intersection of existing streets or roads.

(2)

Total tract boundaries of the property being developed, showing bearing and distances, and a statement of total acreage of the property.

(3)

Existing parcel identification numbers (tax map numbers).

(4)

Location, ownership, and parcel identification numbers of adjoining properties, including those across rights-of-way.

(5)

Existing zoning classifications and uses of land within the proposed Planned Development District and on adjoining properties, including those across rights-of-way.

(6)

Existing character of the land, such as approximate locations of natural resources including wetlands, floodplains, forests, and any previously known endangered species habitat, which may be illustrated via aerial photography;

(7)

Existing landmarks, especially those related to infrastructure, such as roads, railroads, bridges, culverts, and utility substations in the vicinity of the proposed district; and

(8)

All existing political boundaries, parcel boundaries, rights-of-way, and easements on or adjacent to the proposed Planned Development District.

4.7.5.   Master development plan requirements.

The applicant shall submit ten (10) copies of a master development plan for the proposed development, legibly drawn at a scale that clearly communicates the information required, typically no smaller than one (1) inch equals two hundred (200) feet (one (1″) = two hundred (200′)), that includes the following information:

(A)

General information.

(1)

Title block, including the following:

(a)

Proposed name of development—for which the Planned Development District will be named in the Hanahan Zoning Ordinance and on the official zoning map—which shall not duplicate or too closely approximate, phonetically or otherwise, the name of any development within the jurisdiction;

(b)

Names, signatures, and seals of applicant, owner, surveyor, engineer and other professionals involved in plan preparation;

(c)

North arrow, graphic scale, and written scale;

(d)

Space for the zoning administrator's signature and date thereof, which shall indicate adoption as an extension of the official zoning map; and

(e)

The month, day, and year that the original drawing was completed and the month, day, and year for each revision of the original drawing.

(B)

Existing site information.

(1)

The distance and bearing from one (1) corner of the boundary of the development to the nearest intersection of existing streets or roads.

(2)

Total tract boundaries of the property being developed, showing bearing and distances, and a statement of total acreage of the property.

(3)

Existing parcel identification numbers (tax map numbers).

(4)

Approximate locations of significant natural resources expected to be preserved in the Type "B" Planned Development, such as wetlands, any previously known endangered species habitat, and groups of landmark trees.

(C)

Proposed land development information.

(1)

Proposed land uses throughout the development. Land uses may be individual or grouped to provide increased flexibility in anticipation of the maturation of the Planned Development District. Grouped land uses should be similar in intensity so that externalities generated by potentially incompatible neighbors can be avoided or mitigated.

(2)

Tentative road and bicycle/pedestrian infrastructure network layout, with approximate widths or number of lanes.

(3)

Tentative lot arrangement showing approximate average lot size and the number of lots.

(4)

Sites and tentative footprints of structures other than single-family residences with approximate acreages and rough estimates of expected gross floor area.

(5)

Approximate locations for schools, public safety stations, parks, common areas and other facilities intended for public use, as applicable.

(6)

Green space, natural resource protection areas, buffers, tree protection areas, or other green infrastructure necessary to meet the minimum requirements of this section.

(D)

Supplemental data.

(1)

A traffic study meeting the requirements of Section 3.3 of the Hanahan Land Development Ordinance.

(2)

Written statements from all affected public infrastructure and service providers, including SC Department of Transportation, Berkeley County Engineering, Berkeley County Water and Sanitation Authority, Hanahan Fire Department, and other utility and public safety providers. The statements shall indicate the feasibility of the proposed development with regard to availability of infrastructure and services available to the development. The statements should indicate any existing shortcomings or inadequacies and offer recommendations as to how they might be rectified.

(3)

Any other information required by ordinance or considered pertinent by the applicant, the planning commission, or the city planner to the review of the preliminary land development plan shall be submitted with or on the plan.

4.7.6.   Requirements of statement of intent and regulatory provisions.

(A)

The statement of intent shall indicate to the planning commission the broader objectives of the Planned Development District, such as the character of the district, the role of the proposal in the economic development of the broader area, the contribution of the development to quality of life and access to or protection of natural resources for current and future Hanahan residents, and an approximate timeline for phasing and build-out of the development. The statement of intent shall indicate to the planning commission why existing zoning districts available to the developer in the Hanahan Zoning Ordinance cannot accommodate the proposed development. The statement of intent shall also be an important guide the city planner and planning commission will consider in their review of proposed amendments to the PDD.

(B)

The regulatory provisions shall be zoning language and shall carry the force of law upon adoption. For conditions in the development for which the regulatory provisions of the district are mute, standards set forth in the Hanahan Zoning and Land Development ordinances shall prevail. The regulatory provisions set forth for the Planned Development District should address the following:

(1)

Land uses programmed or reasonably expected for the development;

(2)

Intensity, lot, and building standards;

(3)

Building design standards;

(4)

Landscaping and signage standards;

(5)

Parking and access standards;

(6)

Road and bicycle/pedestrian infrastructure standards;

(7)

Natural resource protection and green space standards;

(8)

Any other zoning and land development standards deemed desirable or necessary by the developer or the planning commission to the success of the Type "B" Planned Development; and

(9)

Provisions for capital improvements to infrastructure and public services necessary to ensure adequate levels of service to the Planned Development District at build-out. Omission of capital improvements necessary to serve the development in the regulatory provisions shall not relieve the developer of the responsibility to provide them in full or in part as a condition of a future preliminary land development plan approval.

4.7.7.   Amendments to Type "B" PDs (Planned Development Districts).

Amendments to Planned Development Districts may be proposed by the original or future developers. Amendments shall be classified as "minor" or "major" at the sole discretion of the zoning administrator, who is charged with interpretation of the Zoning Ordinance, per the criteria stated below.

(A)

A major amendment shall be a zoning amendment per Section 2.4 of this ordinance. The original developer, any future landowner, or the City of Hanahan may initiate an amendment. The following changes to the Planned Development District shall qualify as zoning amendments.

(1)

Any change to the text of the statement of intent or regulatory provisions, except those that clarify the text or correct errors.

(2)

Any change that would result in a ten (10) percent increase in floor area of structures illustrated on the master development plan.

(3)

Any change to the PDD that would result in a ten (10) percent increase in the number of residential units in the development.

(4)

Any change in the PDD that would result in a ten (10) percent increase or decrease in area programmed for one (1) land use or group of similar land uses.

(5)

Any change to the PDD that reduces the number of vehicular access points to the development.

(6)

Any substantial relocation of buildings, parking, roads, or bicycle/pedestrian infrastructure illustrated on the master development plan that would unduly negatively impact circulation, access, and safety of the traveling public.

(7)

Any findings of natural and cultural resources substantially at odds with their illustration on the master development plan.

(8)

Any other change significantly at odds with the PDD's statement of intent.

(B)

The City of Hanahan may initiate an amendment to the PDD that would decrease its number of residential units or non-residential square footage without infringing on vested rights if the city determines and documents that infrastructure has not been upgraded or provided as required or if a significant error in depiction of natural and cultural resources must be corrected to preserve those resources.

(C)

All amendments to the PDD not classified as major amendments shall be minor amendments. The zoning administrator, city planner, or planning commission may approve the minor amendment in conjunction with review and approval of a preliminary land development plan, final plat, or site development plan.

5.4.1.   Vibration.

No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at any point beyond the lot line; nor shall any vibration produced exceed the following particle velocity levels, measured with a vibration monitor in inches per second at the nearest;

(A)

Residential property line: 0.02

(B)

Non-residential property line: 0.10

(C)

Vibration emanating from construction activities between 7:00 am and 9:00 pm. shall be exempt from these regulations.

5.4.2.   Fire and explosive.

All activities and all storage of flammable and explosive material shall be provided with the adequate safety devices against the hazards of fire and explosion including adequate fire fighting and fire suppression equipment, as prescribed by the National Fire Protection Association (which standards are hereby incorporated by reference and made part of this ordinance).

5.4.3.   Air pollution.

(A)

The emission of visible smoke, dust, dirt, fly ash, particulate matter from any pipes, vents, or other openings, or from any other source into the air, shall comply with the regulation of the South Carolina Pollution Control Authority.

(B)

Air pollution emanating from construction activities between 7:00 a.m. and 9:00 p.m. shall be exempt from these requirements.

5.4.4.   Odor.

There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at the property line. Any process, which may involve the creation, or emission of any such odor, shall be provided with both a primary and a secondary safeguard system so that control may be maintained in the event of failure of the primary safeguard system.

5.4.5.   Glare.

There shall be no direct or sky reflected glared, whether from floodlights, high temperature processing, and combustion, welding or otherwise, so as to be visible in any residence.

5.4.6.   Noise.

(A)

All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness. In no event shall the sound pressure level of noise radiated continuously from a facility exceed at the lot line the values given in tables below, "Nighttime Schedule" and "Daytime Schedule" in any octave band or frequency. South pressure level shall be measured with a sound level meter and an octave band analyzer that confirms to specifications published by the American Standards Association.

(B)

Noise emanating from construction activities between 7:00 a.m. and 9:00 p.m. shall be exempt from these requirements.

(C)

Nighttime schedule. Maximum permissible sound pressure levels at the lot line for noise radiated continuously from a facility between the hours of 9:00 p.m. and 7:00 a.m.

(D)

Daytime schedule. Maximum permissible sound pressure levels at the lot line for noise radiated from a facility between the hours of 7:00 a.m. and 9:00 a.m. shall not exceed the limits of the preceding table except as specified and corrected below.

5.4.7.   Fumes and vapors.

There shall be no emission of any fumes or vapors of a noxious, toxic, or corrosive nature, which can cause damage or irritation to health, animals, vegetation, or to any form of property.

5.4.8.   Heat, cold, dampness or movement of air.

Activities which could produce any adverse affect on the temperature, motion, or humidity of the atmosphere beyond the lot line shall not be permitted.

5.4.9.   Toxic matter.

The release of any airborne toxic matter shall not exceed the quantities permitted for those materials currently listed in Threshold Limit Values, adopted by the American Conference of Governmental Industrial Hygienists. If a toxic substance is not contained in said listing, the applicant shall satisfy the planning commission that the proposed levels will be safe to the general population. The measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any twenty-four-hour sampling period.

5.4.10.   Exterior illumination.

All operations, activities, and uses shall be conducted so as to comply with the performance standards governing exterior illumination prescribed below. In general, the pattern of light pooling from each light source shall be carefully considered to avoid throwing light onto adjacent properties. Light sources visible in residential or medical areas comply with the light intensities indicated in Column A below.

5.4.11.   Maximum intensity of light sources.

Illumination shall be measured from any point outside the property. Illumination levels shall be measured with a photoelectric having a special response similar to that of the human eye, following the standard luminous efficiency curve adopted by the International Commission of Illumination.

5.4.12.   Waste matter and storm drainage.

(A)

No use shall accumulate or discharge beyond the lot lines any waste matter, whether liquid or solid, in violation of the applicable standards and regulations of the South Carolina Department of Health and Environmental Control, or in such a manner as to endanger the public health, safety, or general welfare; or cause injury to property.

(B)

Plans and specifications for all proposed industrial waste treatment and disposal facilities shall be submitted to and written approval obtained from the South Carolina Department of Health and Environmental Control prior to the issuance of a zoning permit.

5.4.13.   Compliance guarantee.

The applicant of a permit for a manufacturing or processing plant which would produce any of the above "objectionable elements" shall acknowledge in writing his understanding of the performance standards applicable to the proposed use and shall submit with the permit application, an agreement to conform with such standards at all times. Any violation of the agreement shall constitute a violation of this ordinance and shall be treated accordingly.

5.6.1.   Classification.

Sexually oriented businesses are classified as follows:

(A)

Adult arcades;

(B)

Adult bookstores or adult video stores;

(C)

Adult cabarets;

(D)

Adult motels;

(E)

Adult motion picture theaters;

(F)

Adult theaters;

(G)

Escort agencies;

(H)

Nude model studios; and

(I)

Sexual encounter centers.

5.6.2.   Zoning permit and business license required.

(A)

A person commits a misdemeanor if he/she operates a sexually oriented business or tattoo parlor without a valid zoning permit and business license, issued by the City of Hanahan for the particular type of land use and business.

(B)

The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the health department, fire department, zoning administrator, and building official. They shall complete their inspection and certify same to the zoning administrator within twenty-one (21) days of receipt of the application by the zoning administrator.

(C)

If a person who wishes to operate a sexually oriented business or tattoo parlor is an individual, he/she must sign the application for the zoning permit and the business license as the applicant. If a person who wishes to operate a sexually oriented business or tattoo parlor is other than an individual, each individual who has a ten (10) percent or greater interest in the business must sign the application for the permit and license as the applicant. If a corporation is listed as owner of a sexually oriented business or tattoo parlor or as the entity which wishes to operate such a business, each individual having a ten (10) percent or greater interest in the corporation must sign the application for the permit and license as the applicant.

5.6.3.   Conditions for issuance of business license.

The City of Hanahan Business License Official shall issue a license to an applicant within thirty (30) days after receipts of an application unless he/she finds one (1) or more of the following to be true:

(A)

An applicant is under eighteen (18) years of age.

(B)

An applicant or applicant(s) spouse is overdue in his/her payment of the city or the county for taxes, fees, fines, or penalties assessed against him/her for imposes upon him/her in relation to a sexually oriented business or tattoo parlor.

(C)

An applicant has failed to provide information reasonably necessary for issuance of the zoning permit and business license or has falsely answered a question or request for information on the applicant form.

(D)

An applicant is residing with a person who has been denied a business license by the City of Hanahan to operate a sexually oriented business or tattoo parlor within the preceding twelve (12) months, or residing with a person whose business license to operate a sexually oriented business or tattoo parlor has been revoked within the preceding twelve (12) months.

(E)

The premises to be used for the sexually oriented business or tattoo parlor have not been approved by the health department, fire department, zoning administrator, and the building official as being in compliance with all applicable laws and ordinances.

(F)

The business license fee required by this ordinance has not been paid.

(G)

An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this ordinance.

(H)

The business license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business or tattoo parlor.

(I)

An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this ordinance.

(J)

The business license, if granted, shall state on its fact the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business or tattoo parlor. The license shall be posted in conspicuous place at or near the entrance to the sexually oriented business or tattoo parlor so that it may be easily read at any time.

5.6.4.   Inspection.

(A)

An applicant or permittee and/or licensee shall permit representatives of the sheriff's department, health department, fire department, building inspections, zoning, or other city departments or agencies to inspect the premises of a sexually oriented business or tattoo parlor for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.

(B)

A person who operates a sexually oriented business or tattoo parlor or his/her agent or employee commits a misdemeanor if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

5.6.5.   Expiration of business license.

(A)

Each business license shall expire on April 30th of each year and may be renewed only by making application as provided in Section 6.1.3. Application for renewal should be made no fewer than thirty (30) days before the expiration date, and when made fewer than thirty (30) days before the expiration date, the expiration of the license will not be affected.

(B)

When the City of Hanahan Business License Official denies renewal of a license, the applicant will not be issued a license for one (1) year from the date of denial. If, subsequent to denial, the City of Hanahan Business License Official finds that the basis for denial for the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date denial became final.

5.6.6.   Suspension of business license.

The City of Hanahan Business License Official shall suspend a business license for a period not to exceed thirty (30) days if he/she determines that a licensee or an employee of a licensee has:

(A)

Violated or is not in compliance with any section of this ordinance;

(B)

Engaged in excess use of alcoholic beverages while on the sexually oriented business or tattoo parlor premises;

(C)

Refused to allow an inspection of the sexually oriented business or tattoo parlor premises as authorized by this chapter; or

(D)

Knowingly allowed gambling by any person on the sexually oriented business or tattoo parlor premises.

5.6.7.   Revocation of business license.

(A)

The City of Hanahan Business License Official shall revoke a business license if a cause of suspension in Section 5.5.6 occurs and the permit and/or license has been suspended within the preceding twelve (12) months.

(B)

The City of Hanahan Business License Official shall revoke a business license if he determines that:

(1)

A licensee gave false or misleading information in the material submitted to the licensing department during the application process;

(2)

A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises;

(3)

A licensee or an employee has knowingly allowed prostitution on the premises;

(4)

A licensee or an employee knowingly operated the sexually oriented business or tattoo parlor during a period of time when the licensee's license was suspended;

(5)

A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct to occur in or on the licensed premises; or

(6)

A licensee is delinquent in payment to the city, county, or state for any taxes for fees past due.

(C)

When the City of Hanahan Business License Official revokes a business license, the revocation shall continue for one (1) year, and the licensee shall not be issued another license for one (1) year from the date revocation became effective. If, subsequent to revocation, the City of Hanahan Business License Official finds that the basis for the revocation has been corrected or abated, the applicant may be granted a permit and/or licensee if at least ninety (90) days has elapsed since the date the revocation became effective.

5.6.8.   Transfer of zoning permit and/or business license.

A permittee or licensee shall not transfer his/her permit and/or license to another, nor shall a permittee or licensee operate a sexually oriented business or tattoo parlor under the authority of a zoning permit and/or business license at any place other than the address designated in the application.

5.6.9.   Location of adult uses.

(A)

A person shall be in violation of this ordinance if he/she operates or causes to be operated a sexually oriented business or tattoo parlor outside of an approved location.

(B)

A person shall be in violation of this ordinance if he/she operates or causes to be operated a sexually oriented business or tattoo parlor within one thousand (1,000) feet of:

(1)

A religious institution;

(2)

A public or private elementary or secondary school;

(3)

A boundary of any residential district;

(4)

A public park adjacent to any residential district; or

(5)

The property line of a lot devoted to residential use.

(C)

For the purpose of this ordinance, measurement shall be made in a straight line, without regard to intervening structures or object, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business or tattoo parlor is conducted, to the nearest property line or the premises of a public or private affected public park, residential district, or residential lot.

(D)

The person shall be in violation of this ordinance if he/she causes or allows the operation, establishment, substantial enlargement, or transfer of ownership or control of an adult use within one thousand (1,000) feet of another adult use.

(E)

A person shall be in violation of this ordinance if he/she causes or allows the operation, establishment, or maintenance of more than one (1) adult use in the same building, structure, or portion thereof or the increase of floor areas of any adult use in any building, structure, or portion thereof containing another adult use.

(F)

For purposes of Subsection 6.1.9(D) of this section, the distance between any two (2) adult uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

(G)

Any sexually oriented business or tattoo parlor lawfully operating on June 8, 1993, that is in violation of subsection 6.1.9, (A) through (F) of this section shall be deemed a nonconforming use. The nonconforming use will be allowed to continue for a period not to exceed two (2) years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two (2) or more adult uses are within one thousand (1,000) feet of one another and otherwise in a permissible location, the sexually oriented business or tattoo parlor which was first established and continually operating at a particular location is the conforming use and the later-established business(s) is nonconforming.

5.6.10.   Additional regulations for adult motels.

(A)

Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a refutable presumption that the establishment is an adult motel as that term is defined in this chapter.

(B)

A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a business license to operate a sexually oriented business, he/she rents or sub-rents a sleeping room to a person and, within ten (10) hours from the time the room is rented, he/she rents or sub-rents the same sleeping room again.

(C)

For purposes of subsection 6.1.10(B) of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any consideration.

5.6.11.   Regulations pertaining to exhibition of sexually explicit films or videos.

A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises, in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements.

(A)

Upon application for a zoning permit and a business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be allowed. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the business license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The business license official may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

(B)

The application shall be sworn to be true and correct by the applicant.

(C)

No alteration in the configuration of location of a manager's station may be made without the prior approval of the zoning administrator.

(D)

It is the duty of the owners and operator of the premises to ensure that at least one (1) employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

(E)

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms shall not contain video reproduction equipment. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is allowed access for any purpose from at least one (1) of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

(F)

It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises, to ensure that the views specified in this subsection remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and to ensure that no patron is allowed access to any area of the premises that has be designated as an area in which patrons will not be allowed in the application filed pursuant to this section.

(G)

No viewing room may be occupied by more than one (1) person at a time.

(H)

The premises shall be equipped with overhead lighting fixtures or sufficient intensity to illuminate every place to which patrons are allowed access at an illumination of not less than one (1) foot-candle, as measure at the floor level.

(I)

It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present on the premises.

5.6.12.   Exemptions.

It is not a violation of Section 5.6 of the Zoning Ordinance if a person appearing in a state of nudity did so in a modeling class operated:

(A)

By a private college or university, which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

(B)

In a structure:

(1)

That has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

(2)

Where in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and

(3)

Where no more than one (1) nude model is on the premises at any one (1) time.

5.10.1.   Veterinary clinics.

Veterinary services for small domestic animals must be undertaken within completely enclosed buildings and operated in such a way as to produce no objectionable odors or noise outside its walls. The treatment of large animals such as swine, sheep, goats, horses, cattle, and other livestock shall be prohibited, except in extreme emergency cases. Sheltering and boarding of small domestic animals shall be incidental and secondary to the clinic.

5.10.2.   Commercial kennels.

Commercial kennels shall be located no closer to a conventional residential zoning district than five hundred (500) feet and two hundred (200) feet to any residential property line. The applicant shall furnish evidence that adequate measures will be taken to prevent odor, noise, or drainage from becoming a nuisance to uses on adjacent properties.

5.14.1.   Interpretation.

(A)

Communications tower, as used in this section shall mean a tower, pole, or similar structure which supports a telecommunications antenna operated for commercial purposes above ground in a fixed location, free-standing, guyed, or on existing buildings or other support structures. Common types of telecommunications towers include monopole towers, lattice towers, guyed towers (those held up by guyed wires), or free-standing towers.

(B)

Telecommunications, as defined in the Federal Telecommunications Act of 1996, means the transmission, between or among points specified by the user, of information of the user's choosing, without charge in the form or content of the information as sent and received.

(C)

Antenna as used in this section means any exterior apparatus used to transmit or receive electromagnetic waves for telephonic, radio, television, or personal wireless services.

(D)

Height of a communications tower is the distance from the base of the tower to the top of the structure.

(Ord. No. 2-2016, § 1, 4-12-2016)

5.14.2.   Documentation requirements.

In addition to the completed application for zoning permit, which includes a site development plan, the developer shall submit the following information.

(A)

One (1) copy of typical specifications for proposed structures and antenna, including description of design characteristics and materials.

(B)

Depiction of tower location with reference to property boundaries, tower height, guy wires and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscape plan, and existing land uses on adjacent property.

(C)

A description of anticipated maintenance needs for the proposed structures and antenna, including frequency of service, personnel, equipment, and traffic, noise, or safety impacts of such maintenance.

(D)

Where applicable, documentation of existing antenna, facilities, and towers, and approved, yet-to-be constructed towers serving any property within the city.

(E)

Identification of the geographic service area for the subject installation, including a map showing the proposed site/service area and the nearest telecommunications facility sites/service areas. Included should be a depiction of distances between proposed facility site and existing telecommunications facilities and how the proposed facility's service area fits into and is necessary to fill a gap in the service network.

(F)

Evidence that co-location of the antenna with an existing facility is not feasible.

(G)

In the event that a tower or antenna is proposed in a Conservation Preservation (CP), Residential Office (RO), or the Town Center (TC) district, a map identifying all nonresidential properties within the same service area and documentation of attempts to identify and/or secure alternative sites within a nonresidential zoning district as a preferred location for siting of the proposed facility.

(H)

A report from a structural engineer registered in South Carolina showing the tower antenna capacity by type and number, and a certification that the tower is designed to withstand winds in accordance with ANSI/EIZ/TIA 22 (latest revision) standards, and structural failure characteristics to determine that site and setbacks are adequate to contain debris within the identified fall zone (property boundaries).

(I)

Identification of the owners of all antennae and equipment to be located on site.

(J)

Evidence that a valid FCC license for the proposed activity has been issued.

(K)

A line of sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts.

(L)

A written agreement to remove the tower and/or antenna within one hundred eighty (180) days after cessation of use.

(M)

Evidence that applicable conditions in this section are met.

(N)

Additional information required by the zoning administrator for determination that all applicable zoning regulations are met.

(Ord. No. 2-2016, § 1, 4-12-2016)

5.14.3.   Communications tower and antenna as a conditional use.

(A)

A communications tower and antenna may receive zoning permit from the zoning administrator as a conditional use upon demonstrated conformance with the following table and adherence to all other conditions provided in this chapter.

(B)

Not withstanding the above height limitations, a tower and/or antenna mounted on a building, water tank, or structures other than a freestanding or guyed communications tower shall be allowed up to twenty (20) feet above the highest part of the structure in all zoning districts except Town Center.

(C)

The developer shall demonstrate conformance with the following conditions prior to receiving a zoning permit.

(1)

The proposed communications tower, antenna or accessory structure will be placed in a reasonably available location and/or designed with special aesthetic treatments (e.g., stealth, pine or palm trees) which will minimize the visual impact on the surrounding area and allow the facility to function in accordance with minimum standards imposed by applicable communications regulations and applicant's technical design requirements.

(2)

Applicant must show that a proposed antenna and equipment cannot be accommodated and function as required by applicable regulations and applicant's technical design requirements without unreasonable modifications on any existing structure or tower under the control of applicant.

(3)

Applicants for a permit in a residential office district must show that the area cannot be adequately served by a facility placed in a non-residential district for valid technical reasons.

(4)

Prior to consideration of a permit for location on private property which must be acquired, applicant must show that available publicly owned sites zoned to permit telecommunications facilities, and available privately owned sites occupied by a compatible use, are unsuitable for operation of the facility under applicable communications regulations and applicant's technical design requirements.

(5)

If parcel is within the Accident Potential Zone (APZ) for aircraft, the applicant must show that the height of the tower is less than one hundred twenty (120) feet.

(6)

Applicant must show that a new tower is designed to accommodate additional antennae equal in number to applicant's present and future requirements.

(7)

Applicant must show that all applicable health, nuisance, noise, fire, building, and safety code requirements are met.

(8)

All state and federal requirements must be met: these requirements include, but are not limited to, those set by the Federal Aviation Administration (FAA), State Historic Preservation Office (SHPO), and Department of Natural Resources (DNR).

(9)

A communications tower must not be painted or illuminated unless otherwise provided by state or federal regulations.

(10)

Applicant must show that the proposed site is sufficient to accommodate the fall zone of a tower to ensure there will be no encroachments on adjacent properties in the event of structural failure.

(11)

A permit for a proposed tower site within two thousand (2,000) feet of an existing tower shall not be issued unless the applicant certifies that existing structural specifications and applicant's technical design requirements are not compatible, or that a collocation agreement could not be obtained.

(12)

Applicant must show by certificate from a professional engineer that the proposed facility will contain only equipment meeting FCC rules, and must file with zoning administrator a written indemnification of the municipality and proof of liability insurance or financial ability to respond to claims up to one million dollars ($1,000,000.00) in the aggregate which may arise from the operation of the facility during its life, at no cost to the municipality.

(13)

Land development regulations, visibility fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, storage, and all other general zoning district regulations except setback and height, shall apply to the use. Setback and height conditions in this section apply, except where specifically modified or waived by the board of zoning appeals with good cause.

(14)

A tower must be a minimum distance equal to one-half (½) the height of the tower from property designated by city council as historic or architecturally significant, and must be set back from all lot lines distances equal to the district setback requirements plus twenty-five (25) percent of the tower height, whichever is greater.

(D)

The zoning administrator may forward the application to the board of zoning appeals to be considered as a special exception, per Section 2.5.3, in any case where he deems that achievement of the conditions is not abundantly clear.

(Ord. No. 2-2016, § 1, 4-12-2016)

5.14.4.   Communications tower and antenna as a special exception use.

The board of zoning appeals shall authorize the issuance of a zoning permit for a tower, pole or antenna by special exception based on the following criteria:

(A)

All application requirements and conditions imposed by this Section 5.14 for conditional use are met, except height limitations and setbacks, which may be adjusted as follows.

(1)

If additional tower height is requested, total tower height will not exceed one hundred fifty (150) percent of the maximum height allowed in the table provided in Subsection 5.14.3(A). The applicant shall demonstrate that additional height above that allowed in the table is necessary for service to occupants of an area within the municipality.

(2)

In approving a special exception, the Board of Zoning Appeals may impose such conditions, safeguards, and restrictions upon the premises benefited by the special exception as may be necessary to avoid, minimize, or mitigate any potentially adverse or injurious effect of such special exceptions upon other property in the neighborhood and to carry out the general purpose and intent of this ordinance. Conditions and restrictions may include, but are not limited to, those related to fencing, planting, or other landscaping, additional setbacks from property lines, location, and arrangement of lighting, and other reasonable requirements deemed necessary to safeguard the interest of the general public. The board may require a guarantee or bond to ensure that conditions imposed will be complied with.

(B)

In considering a telecommunication facility for special exception approval, the BZA shall give the following factors reasonable consideration:

(1)

The effect of the proposed telecommunication facility on environmentally sensitive land or natural features, wildlife habitat and vegetation, water quality and air quality.

(2)

Whether the proposed telecommunication facility will adequately provide for safety from fire hazards and have effective measures of fire control.

(3)

The traffic expected to be generated by the proposed facility, the adequacy of access and the vehicular and pedestrian circulation elements (both on and off site), all in relation to the public's interest in pedestrian and vehicular safety and efficient traffic movement.

(4)

The glare or light that may be generated by the proposed facility in relation to uses in the immediate area.

(5)

The location and area footprint with dimensions (all drawn to scale), nature and height of the proposed tower in relationship to other structures in the neighborhood.

(6)

The nature and extent of existing or proposed landscaping screening and buffering on the site and in the neighborhood.

(7)

The location and screening of parking and loading spaces and/or areas.

(C)

In conjunction with the board's action to approve a special exception use, the board shall make written findings certifying compliance with the criteria for a special exception in Subsections (A) and (B) above and any other conditions and regulations applicable to the proposed use. The Telecommunications Act of 1996 requires that denial of a permit be supported by substantial evidence. Therefore, if the board denies approval of the request, it shall specify its reasons for such denial.

(Ord. No. 2-2016, § 1, 4-12-2016)

6.4.1.   Manufactured housing community.

A manufactured housing community (a.k.a. mobile home park) shall have a minimum landscaped buffer of at least ten (10) feet in width adjacent to all property boundaries, including rights-of-way. Landscape material will consist of at least five (5) trees and thirty (30) shrubs per one hundred (100) linear feet of buffer.

6.4.2.   Commercial and industrial.

(A)

A commercial land use abutting a conventional residential district shall provide one of the following buffers along the district boundary.

(1)

A landscaped buffer ten (10) feet wide that shall consist of at least five (5) canopy trees, seven (7) understory trees, and thirty (30) shrubs per one hundred (100) linear feet of buffer.

(2)

A landscaped buffer eight (8) feet wide with the inclusion of a berm, with a maximum slope of two to one (2:1), that is at least two (2) feet in height. The landscaping shall consist of at least five (5) canopy trees, seven (7) understory trees, and thirty (30) shrubs per one hundred (100) linear feet of buffer.

(3)

A natural, undisturbed vegetative buffer at least eight (8) feet wide, where it is demonstrated that the minimum plantings are retained and provide a year-round opaque buffer.

(B)

An industrial land use abutting a conventional residential district shall provide one of the following buffers along the district boundary.

(1)

A landscaped buffer fifty (50) feet wide that shall consist of at least five (5) canopy trees, seven (7) understory trees, and thirty (30) shrubs per one hundred (100) linear feet of buffer.

(2)

A landscaped buffer thirty-five (35) feet wide with the inclusion of a berm, with a maximum slope of three to one (3:1), that is at least three (3) feet in height. The landscaping shall consist of at least five (5) canopy trees, seven (7) understory trees, and thirty (30) shrubs per one hundred (100) linear feet of buffer and groundcover to inhibit erosion.

(3)

A landscaped buffer twenty-five (25) feet wide with the inclusion of a continuous masonry wall at least six (6) feet in height and eight (8) inches in width (nominal). The landscaped buffer shall be installed outside the masonry wall, along the property lines, and shall consist of at least five (5) canopy trees, seven (7) understory trees, and thirty (30) shrubs per one hundred (100) linear feet of buffer and groundcover to inhibit erosion.

(4)

A natural, undisturbed vegetative buffer at least twenty-five (25) feet wide, where it is demonstrated that the minimum plantings are retained and provide a year-round opaque buffer.

(Ord. No. 7-2012, § 1, 1-8-2013)

6.4.3.   Multi-family, townhouse, patio home, and zero-lot-line residential developments.

(A)

Buffering.

(1)

A landscaped buffer of ten (10) feet minimum width shall be provided where a multi-family or townhouse development is proposed on property adjoining a lower density zoning district with no intervening road right-of-way.

(2)

The required buffer shall consist of a combination of two (2) trees and eight (8) smaller plants (understorey trees and/or shrubs) per one hundred (100) linear feet of buffer.

(B)

Canopy provision.

(1)

In addition to the buffer requirements above, one (1) overstorey tree shall be planted for every two (2) dwelling units in common areas of the development.

(2)

Understorey trees may substitute for up to half of the required overstorey trees, at the discretion of the developer, at a two-to-one ratio (2:1). If the chosen understorey tree is Sabal Palmetto, the ratio shall increase to three to one (3:1).

(3)

Preservation of existing trees may count toward these requirements.

7.6.1.   General provisions.

(A)

The developer shall document protected and landmark trees on the property proposed for development. Two (2) survey methods are provided herein. The developer of property ten (10) acres or more in area shall have the option to utilize "standard" or "sampling" survey method for protected trees. Landmark trees shall always be surveyed using the standard method.

(B)

A required tree survey shall appear on all preliminary land development plans, site development plans, and any engineering and building site plans showing the installation and construction of improvements and structures.

(C)

Tree surveying shall not be required on tracts reserved for later phases or future development, on residual tracts of land, or in wetlands proposed to remain undisturbed.

7.6.2.   Standard tree survey.

(A)

All protected and landmark trees shall be surveyed and graphically indicated on the appropriate development plan. The graphic indications shall be labeled by species and diameter at breast height.

(B)

Critical root zones and drip lines of protected and landmark trees should be surveyed and illustrated as well. In the absence of specific root zones and drip lines, the plan shall illustrate a graphical representation of the drip line, which shall be a circle centered at the trunk of the tree equal in feet to the diameter at breast height in inches. (e.g., a twenty-four-foot-diameter drip line shall encircle a tree labeled "twenty-four-inch live oak".)

(C)

The survey shall indicate those portions of critical root zones and drip lines of trees on abutting properties that overlap the subject property, to the extent that such drip lines and critical root zones can be determined from the vantage point of the property to be developed. This provision shall not authorize the trespass on other private property abutting the subject site.

(D)

The development plan shall graphically indicate which trees are proposed to be removed, retained, and retained with pruning.

7.6.3.   Tree sampling survey.

(A)

The intent of the tree sampling survey of protected trees is to relieve the developer of the burden of a complete tree survey for all protected trees, which may be numerous, but to encourage the preservation of clusters of protected trees of greater value in a specific portion or section of a tract or in a natural state. Typically, those trees with greater value on a given site are mature, bottomland, and hardwood, while immature upland pines are of little value to the City of Hanahan. The planning commission will consider an immature upland pine forest a suitable site for development.

(B)

The tree sampling survey of protected trees shall supplement the standard survey of landmark trees. The sampling survey shall indicate the type of groundcover present on each acre of property required to be surveyed. Sampling shall therefore occur once per acre, evenly distributed throughout the property. Groundcover types to be documented on the appropriate development plan include, but are not limited to "cleared," "sandy area," "scrub/shrub," "bottomland hardwood forest," "upland hardwood forest," "bottomland mixed forest," "upland mixed forest," "bottomland pine forest," "upland pine forest," and "marshland."

(C)

Forests shall be surveyed for predominant species types, approximate average age, approximate average tree diameter at breast height, and frequency or density of trees. The sample shall consider all trees, from immature trees to landmark trees. These findings shall be documented per sample and indicated on the development plan.

(D)

Forested areas shall be indicated on the plan via hatching or other graphic method as whether they are proposed to be cleared or retained. The developer shall tabulate the approximate number of trees in proposed cleared forests, which shall be the basis for the tree removal mitigation strategy set forth in Section 7.7.

7.10.1.   General provisions.

A person who seeks to remove a tree outside the context of property development shall apply for a tree removal permit, which shall be required to authorize the removal of the tree. The permit shall be authorized only for the following trees or conditions.

(A)

Trees that may threaten health or property.

(B)

Diseased or infectious trees and trees in decline.

(C)

Trees or their root systems causing visible damage to structures or areas used for pedestrian and vehicular traffic.

(D)

Trees or their root systems causing damage to areas used for pedestrians, vehicular movement, or underground utility lines.

(E)

Trees within road and utility rights-of-way and easements that cannot be properly pruned by the local utility company.

(F)

Trees on land actively managed for forestry and/or harvesting.

7.10.2.   Forest management.

(A)

Proper and routine forest management, including thinning and prescribed burns, is encouraged in Hanahan for those properties owned for the prospect of harvesting timber and/or for conservation. The forest manager shall comply with Section 7.2 of this ordinance and shall seek a tree removal permit.

(B)

The applicant in receipt of a tree removal permit for forest management shall not be eligible to apply for preliminary land development plan approval or a zoning permit within two (2) years of the authorization date of the tree removal permit.

7.10.3.   Permit review.

(A)

The person seeking to remove a protected tree shall submit a completed application form available from the zoning administrator, together with the fee for review, to the zoning administrator no fewer than five (5) business days prior to removing the tree(s).

(1)

The completed application shall include the name of the applicant, the name of the property owner of the tree, if different from the applicant, the addresses of each, and the reason(s) for proposed removal of the tree. A professional certification may be used to substantiate the reason for removal, and may be submitted as part of the completed application.

(2)

One (1) permit covers all trees proposed for removal in the application.

(B)

The zoning administrator shall review the application and either approve or deny it within five (5) business days. The dated signature of the zoning administrator on the submitted application shall constitute the tree removal permit.

(1)

The zoning administrator shall be authorized by receipt of the application to visit the site as he deems necessary to inspect for compliance with this section of the Zoning Ordinance.

(2)

The zoning administrator shall state in writing the reason(s) for denial. A denied application shall be eligible for appeal to the Hanahan Board of Zoning Appeals, per Section 2.3.

(C)

The authorized permit shall be posted on the site at the road right-of-way during tree removal. The permit shall be valid for six (6) months after the date the zoning administrator signed the application.

(Ord. No. 7-2012, § 1, 1-8-2013)

8.2.1.   Zoning permit required for most signs.

A zoning permit is required for the erection, posting, reposting, placing, replacing or hanging of any sign except where specifically noted below. All signs in Design Control Districts for which a zoning permit is required shall be reviewed by the design control committee, per the requirements of Section 3 of this ordinance, for achievement of the design criteria and standards set forth in this ordinance before a permit for the sign will be issued. The zoning administrator must approve all other signs provided they comply with the requirements of this section before the issuance of a zoning permit. A permit shall not be required for routine maintenance and repair. Minor appearance changes limited to less than twenty (20) percent of the total sign area, including change in text, shall not require a zoning permit.

8.2.2.   Sign documentation for zoning permit.

The zoning administrator may review signage for compliance with these standards during site development plan review, per Section 2.6, in which case the zoning permit issued for the development would cover the sign. The applicant shall submit ten (10) copies of a scaled illustration legibly depicting the size and content of the sign and its copy on bond or similar paper. The review process for sign erected independent of a site development for which a zoning permit is required shall nevertheless be that specified for the zoning permit, Section 2.6.

8.3.1.   Wall signs.

Any sign directly attached to an exterior wall of a building or dependent upon a building for its support shall be considered a wall sign. Signs directly painted on wall shall be considered wall signs. Wall-mounted signs are subject to the standards below.

(A)

The size of the wall sign shall be no more than five (5) percent of the facade area on which the sign is located, or twenty-four (24) square feet, whichever is less.

(B)

The maximum wall sign area may be divided into two (2) separate signs on the same building facade as long as the total area of the two (2) signs does not exceed the maximum permitted.

(C)

Maximum height shall be eighteen (18) feet above finished grade on that facade.

(D)

Wall signs cannot be located on windows or doors. Standards for window signs appear elsewhere in this chapter.

(E)

Metal applied letter signs may substitute for wall signs. The sign size shall be calculated by drawing one (1) parallelogram around the text and images, adding a two-inch border on all sides, and calculating the area of the resulting box.

8.3.1.2   Murals.

Any sign directly attached or painted on to an exterior wall of a building shall be considered a mural. Nothing contained in this section shall circumscribe the display of artwork or a mural in interior locations. Murals are subject to the standards below.

(A)

Murals shall be permitted only in the following districts: Town Center (TC), Town Residential (TR), General Commercial (CG) and Industrial (ID).

(B)

Murals shall be a form or expression of art.

(C)

Murals shall not contain any obscene, explicit, or false or misleading content.

(D)

All murals are required to receive prior approval in writing from the Design Control Committee (DCC). As such, the following documentation will be required in order to considered.

a.

Written consent from the private property owner.

b.

At least two letters of support from the community is encouraged.

c.

A draft of the artwork, including the size, color and material specifications.

d.

A plan for who will be maintaining the mural as well as how long the mural will be displayed.

(E)

A combination of a wall sign and mural on one (1) wall is allowed. Wall signs will be reviewed on staff level according to Section 8.3.1, while murals will still be reviewed and approved by the DCC.

(F)

A person applying for approval of a mural may have an informal preapplication review to allow for a preliminary assessment of the project's compliance as well as suggestions for modifications.

(G)

In reviewing each submittal, the DCC should consider the government's interest in:

a.

Promotion of tourism;

b.

Economic growth;

c.

Aesthetic interests and compatibility with the building architecture surroundings;

d.

Preservation of property values;

e.

Historical preservation; and

f.

Maintaining harmony of design in Town Center (TC), Town Residential (TR), General Commercial (CG) and Industrial (ID) districts.

(H)

The board should consider the size and scale of the mural, the textures, materials and colors in relation to the government interests listed above.

(I)

The DCC may deny an application if the DCC determines that the mural would be detrimental to the government interests enumerated above. Any decision denying a mural submittal must be reduced to writing, with consideration given to at least one (1) of the above enumerated factors.

( Ord. No. 14-2020 , 12-8-2020)

8.3.2.   Projecting signs.

A sign affixed to a building and supported only by the wall on which it is mounted is a projecting sign. These signs shall be subject to the following regulations.

(A)

Maximum sign area is six (6) square feet per side.

(B)

Clearance from the lower edge of the signboard to the ground shall be seven (7) feet or greater.

(C)

Height of the top edge of the signboard shall not exceed the height of the wall from which it projects for single story buildings, or the height of the sill or bottom of any second story window for multi-storey buildings.

(D)

Distance from the building to the signboard shall not exceed two (2) feet.

(E)

Width of signboard shall not exceed three (3) feet.

8.3.3.   Freestanding (ground-mounted) signs.

A freestanding sign is that supported by a sign structure secured in the ground, wholly independent of any other support. Freestanding signs shall meet the following standards.

(A)

The building served by the freestanding sign shall be set back at least five (5) feet.

(B)

Maximum sign area is eight (8) square feet of copy area per side. If there are no other signs on the facade of the building for which the sign is erected, the copy area of the ground-mounted sign shall be a fifteen (15) square feet per side, maximum. The frame and/or structure of the sign shall not count toward maximum sign area, provided the structure is not more than one (1) foot thick.

(C)

Ground-mounted signs identifying institutions shall be a maximum of twenty (20) square feet of copy area per side. The frame and/or structure of the sign shall not count toward maximum sign area, provided the structure is not more than one (1) foot thick.

(D)

The height of the top of the signboard, or of any posts, brackets, or other supporting elements shall not exceed seven (7) feet.

(E)

In the case of a group of buildings or shops that act as a unit, one (1) freestanding sign may be erected to advertise all of the businesses.

(F)

No neon is allowed on freestanding signs.

8.3.4.   Awning signs.

An awning sign is made of flexible fabric or similar material covering a metal frame attached to a building over a window or door. The awning sign may be erected so that it can be raised to a position flat against the building when not in use. Awning signs shall meet the following standards.

(A)

Eight (8) square feet maximum signage area on an awning.

(B)

No backlit awnings shall be allowed.

(C)

No neon shall be allowed on awnings.

8.3.5.   Window (and door) signs.

Any sign on a building, either exterior or interior, within two (2) feet of the window, which is intended to be viewed from the exterior of such building, shall be considered a window sign. On-site advisory signs, however, are not considered window signs for the purpose of this ordinance. Window signs shall meet the following standards.

(A)

Maximum size shall be ten (10) percent of the window or door area, or four (4) square feet, whichever is less.

(B)

The sign shall be silk-screened, hand-painted, vinyl, or etched onto the window. Alternatively, a neon sign hung inside the building in the window shall be allowed.

(C)

A window sign in a door shall be no more than two (2) square feet.

8.3.6.   Sidewalk signs.

A sidewalk sign is an A-frame sign or easel sign, also known as a sandwich board, placed on the sidewalk in front of a business, sometimes posting a menu, or directing patrons to a business at the rear of a building. Sidewalk signs shall meet the following standards.

(A)

The sign location may be located in the right-of-way adjacent to the property served by the sign, but the sign shall not interfere with pedestrian or vehicular circulation or sightlines and shall leave at least four (4) feet of sidewalk clearance.

(B)

All sidewalk signs shall be located in front of a primary building, but may direct patrons to the rear of the building or to a neighboring building along an intersecting right-of-way.

(C)

The sign is constructed of durable materials.

(D)

The signboard does not exceed six (6) square feet per side and one (1) sign per building.

(E)

Letter height shall not exceed four (4) inches.

8.3.7   Changeable copy signs.

Any sign with a portion thereof constituting a readerboard with characters, letters, or illustrations that can be changed or rearranged by any means (manual, electronic, atmospheric, mechanical, remote, etc.) without altering the face or surface of the sign. Changeable copy signs, including time and temperature signs, shall meet the following standards to be permitted:

(A)

District limitations. Changeable copy signs shall not be allowed within any residential zoning district with the exception of changeable copy signs used in conjunction with an institutional use; e.g., schools, churches, or public uses.

(B)

Size. Maximum sign area is dictated by that for freestanding/ground mounted signs per subsection 8.3.3(B) and (C), unless the sign location falls under Section 8.4 for highway-oriented signs.

(C)

Integration. The changeable copy readerboard portion of the sign may comprise no more than fifty (50) percent of the total sign face area to which it is a part.

(D)

Illumination. If the message center portion of the sign is being utilized after sunset, the static portion of the sign must also be functioning, illuminated, and readable.

(E)

Electronic changeable copy signs:

(1)

District limitations. Electronic changeable copy signs shall be allowed for use by nonprofit and public agencies; e.g., schools, churches, or public uses.

(2)

Orientation. When located within one hundred fifty (150) feet of one (or more) residentially-used lot(s) in a residential zone, all parts of an electronic changeable copy sign shall be oriented so that no portion of the sign face is visible from existing or permitted principal structures on those lots;

(3)

Limited text. Changeable text of the sign shall be limited to a maximum of ten (10) words to allow passing motorists to read the entire copy with minimal distraction;

(4)

Duration. Any changeable portion of the message shall have a minimum duration of eight (8) seconds and shall be a static display.

(5)

Transitions. During transition from one sign face to another, messages may fade in, dissolve, or scroll or have limited animation provided they do not violate the prohibitions in Section 8.9.

(6)

Color. In residential districts, any portion of the changeable message shall use an amber color or a colored LED projection.

(7)

Brightness. Prior to issuance of a permit for an electronic changeable sign, the applicant shall provide a written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed a maximum illumination of five thousand (5,000) nits (candelas per square meter) during daylight hours, and five hundred (500) nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness in any district.

(8)

Dimmer control. The sign shall be equipped with an automatic dimmer control that will automatically dim the intensity of the light emitted by the sign during ambient low-light conditions and at night so the sign does not exceed the maximum brightness levels allowed in [subsection] (7) above.

(Ord. No. 1-2012, § 1, 3-13-2012; Ord. No. 14-2020 , 12-8-2020)

8.3.8.   Reserved.

8.3.9.   Illuminated signs.

(A)

Signs may be illuminated by an external or internal source.

(B)

All illumination shall be provided by a steady stationary light source.

(C)

The intensity of light emitted to or from a sign shall not exceed two hundred twenty (220) lux at any point on the sign face.

(D)

Signs illuminated by an internal source must have permanent, nonilluminated framing.

(E)

The light source for any externally illuminated sign shall be shaded, shielded and directed such that the light intensity or brightness is not visible from adjacent properties or rights-of-way.

(F)

No exposed reflective type bulbs and no strobe/intermittent light or incandescent lamps shall be used to illuminate a sign.

(G)

Neither the direct, nor reflected, light from primary light sources - internal or external - shall create a traffic hazard to operators of motor vehicles on public thoroughfares.

(H)

The color of external light sources to illuminate signs shall be white.

(Ord. No. 1-2012, § 1, 3-13-2012)

8.4.1.   On-premises commercial signs.

(A)

On-premises signs shall be permitted in all zones provided that the sign advertises the principal use of the lot.

(B)

Signs shall be located in such a way that they will maintain horizontal and vertical clearance of all overhead electrical conductors. No sign shall be installed closer than ten (10) feet horizontally or vertically from any conductor or public utility guy wire.

(C)

No sign shall be allowed to protrude into the front, side or rear setback. In the absence of required setbacks, no sign shall be located closer than ten (10) feet from the right-of-way or five (5) feet from the side property lines.

(D)

One (1) freestanding on-premises sign shall be allowed per parcel, unless the use is located within a complex, such as a business park or office complex, and shall not exceed three (3) square feet of copy area for each linear foot of road frontage (e.g., one hundred (100) feet of road frontage would justify a seventy-five-square-foot sign), or the maximum sign area permitted in a district, whichever is less.

(E)

Wall signs are allowed but shall not exceed more than thirty-five (35) percent of the wall area on which the sign is affixed.

(F)

The height of a freestanding on-premises sign shall not exceed twenty (20) feet from the surface elevation of the right-of-way, or surface grade beneath the sign, whichever is less.

(G)

The clearance of a freestanding on-premises sign shall comply with the table at right. Clearance shall be measured from finished grade beneath the sign and the surface elevation of the adjacent right-of-way to ensure adequate visual clearance for motorists.

(H)

Signs oriented parallel to the right-of-way shall be exempt from the requirement above and may be located at grade level.

(I)

No sign shall be erected at the intersections of streets, driveways, or alleys in such a manner as to obstruct clear vision.

(J)

On-premises signs may be illuminated by indirect or internal illumination.

(K)

In the event a business is located on a corner lot, two (2) on-premises freestanding signs shall be allowed per parcel. If the intersecting street is not an intercity arterial road with four (4) or more lanes, the second sign shall meet the requirements for pedestrian-oriented signs, Section 8.3.

(L)

No sign shall be placed within fifty (50) feet of conventional residential zoning district purposes unless the sign meets the requirements for pedestrian-oriented signs, per Section 8.3.

(M)

All pedestrian-oriented signs, per Section 8.3, shall be allowed on property adjacent to intercity arterial highways with four (4) or more travel lanes, except that sidewalk signs shall not be permitted in the right-of-way of the same intercity arterial highways.

( Ord. No. 14-2020 , 12-8-2020)

8.4.2.   Off-premises signs.

Any sign located, or proposed to be located, at any place other than within the same site or land development in which the specific business or activity being identified on the sign is itself located or conducted is an off-premises sign.

(A)

Off-premises signs shall be allowed only in the Industrial (ID) zoning district.

(B)

One (1) off-premise sign shall be allowed per lot.

(C)

Off-premises signs shall not be greater than twenty (20) feet in height above the surface elevation of the adjacent right-of-way of finished grade beneath the sign.

(D)

Off-premises signs shall not be greater than seventy-five (75) feet in copy area per side.

(E)

Off-premises signs shall be set back at least twenty (20) feet from the pavement edge of the nearest road surface.

(F)

Separation of off-premises signs greater than thirty-five (35) feet in sign area shall be at least one thousand (1,000) feet, measured along the nearest road, from any other off-premises sign.

( Ord. No. 14-2020 , 12-8-2020)

8.5.1.   Neighborhood signs.

A sign that identifies a neighborhood, residential community, or other residential subdivision, name and logo shall not exceed twenty (20) square feet in area. Such signs shall be placed so as not to obstruct the view of traffic and shall be externally illuminated. The sign shall be set back a minimum of ten (10) feet from residential lot lines and road right-of-way.

8.5.2.   Project construction signs.

Any sign erected and maintained on the premises temporarily during construction and displaying information, such as the name of the architect, contractor, developer, finance organization, subcontractor or materials vendor on property such individual is furnishing labor, services, or material shall meet these standards for project construction signs.

(A)

One (1) sign shall be allowed per land development or site development.

(B)

The sign shall not exceed thirty (32) square feet (one (1) side).

(C)

The sign is removed within fifteen (15) days of the completion of the project.

(D)

The sign location shall not interfere with pedestrian or vehicular circulation or sightlines.

8.5.3.   Informational signs.

(A)

Building directory signs, identifying the occupants of a building, shall be wall-mounted, located next to the entrance, a maximum of three (3) square feet, and shall not project more than six (6) inches from the wall.

(B)

Service entrance signs shall not exceed two (2) square feet.

(C)

Parking directional signs may be either wall-mounted or freestanding and are limited to two (2) square feet.

9.3.1.   Non-conforming lots of record.

Where a lot of record at the time of the effective date of this ordinance or revision thereto has less area or width than required in the zoning district in which it is located, such a lot may nevertheless be used for a permitted use in the district, provided such complies with all other zoning district regulations provided all other applicable regulations are complied with.

9.3.2.   Non-conforming land uses.

(A)

Non-conforming land uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. However, to avoid undue hardship, the lawful use of any building or land at the time of the enactment of this ordinance may be continued even though it does not conform with the provisions of this ordinance, provided that the non-conforming building or land use is not:

(1)

Changed to another non-conforming use; or

(2)

Reestablished after discontinuance of one (1) year.

(B)

Property restoration, rehabilitation, retrofit, and replacement shall be allowed, provided, neither gross square footage of structures nor the number of dwelling units is increased.

(C)

Notwithstanding subsection (B), above, a non-conforming manufactured home may be replaced by another manufactured home meeting the standards of Section 5.8: Manufactured Home on a Separate Lot, or Section 5.9: Manufactured Home Parks, Courts, and Communities, as applicable.

(Ord. No. 6-2009, § 1, 9-8-2009)

9.3.3.   Non-conforming structures.

(A)

Any improvements to the property worth fifty (50) percent of the appraised value of the structure shall trigger compliance with all standards found herein.

(B)

The structure shall not be expanded, enlarged, or altered in a way that increases the non-conformity (e.g., farther protrusion into required yards).

9.3.4.   Non-conforming site conditions.

(A)

Improvements worth ten (10) percent of appraised value or addition of six (6) or more parking spaces shall trigger compliance with standards for parking, access, and landscaping.

(B)

All proposed signage for which a permit is required shall comply with signage standards, except those measures necessary to maintain or repair the non-conforming sign.

9.4.1.   Home occupations.

A home occupation shall be permitted in any dwelling unit, regardless of zoning district, provided it:

(A)

Is conducted by residents of the dwelling;

(B)

Employs a maximum of two (2) persons in addition to any residents of the dwelling;

(C)

Utilizes not more than thirty (30) percent of the total floor area of principal building for commercial use;

(D)

Collocates with no accessory structure on the property exceeding half the gross floor area of the dwelling;

(E)

Is not visibly evident from the outside of the dwelling and produces no alteration or change in the character or exterior appearance of the principal building from that of a dwelling;

(F)

Shall not display products visible from the street;

(G)

Does not generate traffic in greater volumes than would normally be expected in a residential neighborhood; and

(H)

Provides no more than two (2) off-street parking spaces in the front yard (which shall typically occur unstacked in the driveway) with remaining required spaces to the side or rear of primary structure.

9.4.2.   Live/work.

A live/work unit is a joint residential-commercial unit that the proprietor occupies as a residence. Allowable non-residential uses and locations for live/work units are specified by zone, per Chapter 4. The live-work unit shall meet the following standards:

(A)

Residents of the dwelling operate the commercial use.

(B)

The commercial use employs a maximum of four (4) persons in addition to any residents of the dwelling.

(C)

The commercial use utilizes not more than sixty-seven (67) percent of the total floor area of principal building.

(D)

The use may employ a portion or all of an accessory structure on the property, provided the accessory structure does not exceed half the gross floor area of the primary structure.

9.4.3.   Rummage sales.

Yard, garage, tag, rummage, and estate sales occurring no more than four (4) times a year for up to three (3) days at a time shall not be regulated and are allowed without a permit as an accessory use on any residential lot.

(Ord. No. 3-2009, § 1, 5-12-2009)

9.5.1.   Applicability.

Jails are exempt from fence and wall standards. Fence standards shall not apply in industrial zoning districts. Unless otherwise noted in this ordinance, fences or walls are permitted in the various districts subject to the following regulations. In the event that a fence is located in a drainage area centered along a property boundary, fence height maximums shall be exclusive of average swale depth, measured from top of bank.

(Ord. No. 1-2015, § 1, 3-10-2015)

9.5.2.   Standards for residential uses.

(A)

Maximum height—Front yard: Four (4) feet, except as may be required for screening in the affected district.

(B)

Maximum height—Side and rear yard: Six (6) feet, except as may be required for screening in the affected district. Where the side or rear yard is adjacent to intercity arterial highways with four (4) or more travel lanes, the maximum height is eight (8) feet.

(C)

Materials. The preferred materials are wood, wrought iron, brick, or combinations thereof. Chain link is acceptable only in side and rear yards. Barbed and razor wire shall be prohibited.

(Ord. No. 1-2015, § 1, 3-10-2015)

9.5.3.   Standards for non-residential uses.

(A)

Maximum height—Front yard: Six (6) feet.

(B)

Maximum height—Side and rear yard: Eight (8) feet.

(C)

Materials. Brick, stucco, iron, stone, wood, concrete, chain link or combinations thereof are preferred. Chain link is acceptable only in side and rear yards. Barbed wire atop chain link is permitted for fences not visible from a public right-of-way.

(Ord. No. 1-2015, § 1, 3-10-2015)

9.6.1.   Construction trailers.

(A)

Construction trailers may be located at a building site for which a valid building permit has been obtained from the City of Hanahan, or in the case of a residential subdivision, a valid building permit has been obtained for at least one (1) of the residential units being constructed.

(B)

All construction trailers shall be located at least ten (10) feet from any active public right-of-way and from all property boundaries external to the project.

(C)

All construction trailers shall be removed within one (1) month of the completion of the project and before issuance of a certificate of occupancy.

9.6.2.   Temporary manufactured homes.

A manufactured home may be allowed on a temporary basis in a zoning district even if it is a prohibited use if a disaster occurs that results in the destruction of an occupied single-family dwelling. The purpose of allowing such manufactured home on said lot is to give the occupants of the destroyed dwelling unit a place to live during the restoration or replacement of the destroyed unit. The zoning administrator will issue a zoning permit for such for a period of up to twelve (12) months, provided the following:

(A)

Construction of a new dwelling unit is proceeding in a diligent manner;

(B)

The granting of such permit will not materially endanger the public health, welfare, or safety; and

(C)

The manufactured home is at least ten (10) feet from all lot lines.

9.6.3.   Temporary sales and events.

(A)

Where otherwise prohibited in a particular zoning district, temporary sales and events may be issued a zoning permit as herein provided. Such permits shall be effective for a duration mutually agreed to by the applicant and the zoning administrator not longer than forty-five (45) days, except for fifteen (15) additional days before and after the event allowed for setting up or taking down equipment, tents, and the like. A zoning permit may be renewed up to three (3) months thereafter, totaling four and one-half (4.5) months of operation per year. Upon completion and submittal of an application, the zoning administrator may grant a zoning permit for the following temporary uses:

(1)

Off-site seasonal retail;

(2)

Revivals;

(3)

Shows for civic and youth organizations; and

(4)

Fairs, carnivals, or other similar public activities.

(B)

All temporary uses not otherwise listed will be granted a zoning permit after the zoning administrator has made the following determinations:

(1)

The proposed use shall not materially endanger the public, health, welfare, and safety;

(2)

The proposed use shall not have a substantial negative effect on adjoining properties;

(3)

The proposed use shall be an allowed permanent land use in the zoning district in which it is proposed or, where not specified, similar to the set of allowed uses; and

(4)

A separate permit shall be obtained for each event.

(C)

In approving a zoning permit for a temporary use, the zoning administrator may authorize conditions regarding duration of the use, hours of operation, signage, lighting, etc. to ensure compliance with provisions of Section 9.6. Conditions stated in this section as well as conditions imposed by the zoning administrator to uphold the intent of this ordinance shall be indicated on the zoning permit issued for the temporary use. The applicant in receipt of the zoning permit shall ensure the permit is readily available at the temporary event, preferably posted at a prominent location, such as the entrance, ticket desk, or point of purchase.

9.6.4.   Temporary displays.

For displays of lighting and signage to be shown for a temporary sale or event, such as a grand opening, carnival, or farmers market, the zoning administrator may authorize a zoning permit for the following:

(A)

Temporary signage. A temporary display may contain fluttering devices (e.g., flags, banners, and streamers) for a period of not more than thirty (30) days. Not more than two (2) signs totaling not more than thirty-five (35) feet in sign area shall be allowed per use or purpose.

(B)

Temporary lighting. A temporary display may contain lighting in addition to that generally permitted in the district provided such light source is constant and stationary, for a duration of not more than thirty (30) days.

9.6.5.   Portable storage systems.

(A)

A portable storage system shall be allowed as a temporary use for maximum period of thirty (30) days in any twelve-month period. The units shall only be allowed in the rear or side yards of the parcel and shall meet building setback requirements.

(B)

If the rear and side yards are inaccessible, as determined by the zoning administrator, the portable storage unit may be placed in the front yard. The unit shall meet front yard setbacks to the extent practical. Front yard placement shall be limited to a maximum of fifteen (15) days in any twelve-month period.

(Ord. No. 3-2009, § 1, 5-12-2009)

9.7.1.   Parking, storage, or use of campers or other major recreational equipment.

(A)

For the purpose of this ordinance, major recreational equipment shall include motorized watercraft, aircraft, and off-highway motor vehicles for use other than commercial purposes, as well as on-highway vehicles intended for racing, sleeping, or other non-transportation uses, in addition to any trailer or similar equipment used to transport major recreational equipment.

(B)

All major recreational equipment shall have a current registration and be usable for the purpose for which it was manufactured.

(C)

Storage. No camper or major recreational equipment shall be parked or stored on any empty (vacant house/undeveloped) lot in a residential zoning district. Recreational equipment shall be parked or stored only in the side or rear yard of a developed residential lot; however, in demonstrable cases where recreational equipment cannot be stored in the side or rear yard due to physical constraints on the property, it may be stored in the front yard area under this ordinance. No such equipment shall be used for living or housekeeping purposes when permanently parked or stored on a residential lot in any location not approved for such uses.

(D)

Parking. Campers and other major recreational equipment shall be temporarily parked anywhere on residential premises for a period not to exceed seventy-two (72) hours during loading or unloading. Such equipment may be temporarily parked anywhere on the lot for visiting purposes, in which visitors utilize the equipment for sleeping overnight, for up to two (2) weeks.

(E)

Campers and other major recreational equipment shall not be parked or stored in a manner that obstructs a motorist's view of oncoming traffic on adjacent and intersecting streets.

(Ord. No. 10-2014, § 1, 1-13-2015)

9.7.2.   Parking, storage, and use of non-recreational vehicles and equipment and inoperable vehicles.

An "inoperable" vehicle is one that is in such condition at the time of inspection, that it is no longer usable for the purpose for which it was manufactured, regardless of the potential for repair or restoration. If the vehicle is wrecked, dismantled or partially dismantled it is presumed to be "inoperable."

(A)

All inoperable vehicles and non-recreational equipment, including those without a current registration and license plate, shall be stored in enclosed structures or entirely blocked from view from the public roadway behind a fence or natural barrier.

(B)

No construction equipment shall be stored on lot in a residential zoning district other than in completely enclosed buildings.

(C)

Parking of vehicles, implements, and/or equipment used for commercial, industrial, farming, or construction purposes in a residential zoning district shall be limited to one (1) vehicle per residence. Such vehicle, implement, or equipment shall have a curb weight equal to or less than ten thousand five hundred (10,500) pounds and a gross vehicle weight rating (GVWR), where applicable, equal to or less than thirteen thousand (13,000) pounds.

(D)

A vehicle or equipment with a curb weight in excess of ten thousand five hundred (10,500) pounds or a gross vehicle weight rating (GVWR), where applicable, in excess of thirteen thousand (13,000) pounds used for commercial, industrial, farming, or construction purposes shall be prohibited from parking in a residential zoning district, inclusive of any right-of-way, when not actively engaged in commerce.

(E)

Unless subsection 9.7.2(C) applies, a truck/van with an enclosed cargo volume equal to or greater than three hundred fifty (350) cubic feet (e.g., a box truck) shall be parked or stored only in the side or rear yard of a developed residential lot or in a completely enclosed building (e.g., garage) when in a residential zoning district, except when actively engaged in commerce (e.g., loading and unloading).

(Ord. No. 10-2014, § 1, 1-13-2015)

Editor's note— Ord. No. 10-2014, § 1, adopted Jan. 13, 2015, changed the title of § 9.7.2 from "Parking, storage, and use of non-recreational vehicles and equipment" to read as herein set out.

9.7.3.   Use of shipping containers prohibited.

Shipping containers shall not be placed or stored in any open area, except where expressly permitted by this ordinance, and shall not be used as an accessory building or structure in any zoning district.

(Ord. No. 3-2009, § 1, 5-12-2009; Ord. No. 5-2009, § 1, 9-8-2009; Ord. No. 10-2014, § 1, 1-13-2015)

9.7.4.   Restoration vehicles.

A "restoration vehicle" is a vehicle that is retained on the premises for the purpose of repair or upgrade.

(Ord. No. 10-2014, § 1, 1-13-2015)

9.7.5.   Restoration permit required.

(A)

Restoration. A person who seeks to restore a vehicle on their premises shall apply for a vehicle restoration permit. The location of the vehicle must be the same as the applicant's place of residence. The City of Hanahan Building and Codes Department may issue one (1) written permit to an owner allowing the unlicensed or unregistered vehicle to be on the owner's premises for the purpose of repair and upgrade for a period not to exceed twelve (12) consecutive months, with a one (1) year extension available upon request and approval (See (D)). Only one (1) vehicle restoration permit is allowed at a time per household or dwelling site.

(B)

Storage. Any unlicensed or unregistered vehicle being repaired or upgraded under the vehicle restoration permit authorization must be stored in a garage or must be parked on a concrete or asphaltic surface, or an approved rock/gravel surface, and covered with an approved fitted cover designed for that vehicle type. The repair or upgrade of the vehicle must be for personal hobby or recreational purposes, and not be for business purposes.

(C)

Application. Restoration permits shall be obtained from the building and codes department after completion of an application and payment of a fee of twenty dollars ($20.00).

(D)

Extension. Permittee may request and the city may authorize one (1) twelve (12) month extension in order to complete the repair, provided permittee is in compliance with the terms of the permit and the property maintenance provisions in this ordinance. At the expiration of the permit or its extension period, if the vehicle is not fully restored to working condition, the owner must either store the vehicle in a fully enclosed building or remove the vehicle from the property.

(Ord. No. 10-2014, § 1, 1-13-2015)