Hanahan City Zoning Code

For the purpose for interpreting this ordinance, certain words, concepts, and ideas are defined. Except as defined herein, all other words used in this ordinance shall have their every-day dictionary definition.

(A)

Words used in the present tense include the future tense.

(B)

Words used in the singular number include the plural, and words used in the plural number include the singular.

(C)

The word "person" includes a firm, association, organization, partnership, corporation, trust, and company as well as an individual. The word "lot" includes the word "plot" or "parcel" or "tract."

(D)

The word "shall" is always mandatory.

(E)

The word "structure" shall include the word "building."

(F)

The word "used" or "occupied" as applied to any land or building shall include the words "intended, arranged, or designed to be used or occupied."

(G)

Any word denoting gender includes the female and the male.

(H)

The word "city" means the City of Hanahan in Berkeley County, South Carolina, unless otherwise noted, while the capitalization of the word — "City" — means the government of the same.

(I)

The word "state" means the State of South Carolina, unless otherwise noted, while the capitalization of the word — "State" — means the government of the same.

As used in this ordinance, the following words and terms shall have the meanings specified herein:

ANSI A300. Pruning standards set forth in the Standard Practices for Trees, Shrubs, and Other Woody Plant Maintenance.

Access. A way or means of approach to provide vehicular or pedestrian physical entrance to a property. The location of the intersection of a street or driveway with a road.

Accessory. A use, structure, or part of a structure customarily incidental and subordinate to the principal use of a parcel or a structure is an accessory use or structure, provided the accessory use or structure functions as a complementary to the principal use or structure on the same parcel. e.g., residential accessory uses and structures include but are not limited to a garage, a utility shed, a swimming pool, and a deck. e.g., religious accessory uses and structures include but are not limited to a graveyard, a mausoleum, a columbarium. (Note that these uses and structures may also be accessory to the principal land use, "death care services.")

Acre. A measure of land area containing forty-three thousand five hundred sixty (43,560) square feet.

Adult arcade. Means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depleting or describing of "specified sexual activities" or "specified anatomical areas."

Adult bookstore or adult video store. Means a commercial establishment which, as one (1) of its principal business purposes, offers for sale or rental for any form or consideration any one (1) or more of the following:

(a)

Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or,

(b)

Instruments, devices, or paraphernalia designed for use in connection with "specified sexual activities." A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore or adult video store so long as one (1) of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas."

Adult cabaret. Means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

(a)

Person who appear in a state of nudity; or

(b)

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or,

(c)

Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult motel. Means a hotel, motel, or similar commercial establishment which:

(a)

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas; and which has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

(b)

Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

(c)

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.

Adult motion picture theater. Means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult theater. Means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas."

Annexation. The incorporation of land into the limits of the existing municipality.

Antenna. A device, dish or array used to transmit or receive telecommunications signals.

Applicant. The owner of land proposed to be subdivided or its representative who shall have express written authority to act on behalf of the owner. Consent shall be required of the legal owner. The terms subdivider and developer can mean the applicant.

Bond. Any form of a surety bond in an amount and form satisfactory to the governing body. All bonds shall be approved by the city council whenever a bond is required by these regulations.

Buildable land. Land free of encumbrances and available to development, including high ground and non-jurisdictional wetlands. Land not buildable includes jurisdictional wetlands, land under water, land under conservation easement, and land committed to infrastructure and community facilities built prior to a land development proposal.

Building. Any structure used or intended for supporting or sheltering any use or occupancy.

Buffer. Land maintained in either a natural or landscaped state and used to screen and/or mitigate the impacts of development on surrounding areas, properties, or rights-of-way.

Caliper. The thickness of trees measured in inches. A caliper measurement for trees shall be measured twelve (12) inches above the soil line, or across the stump if the tree has been severed at less than twelve (12) inches above the soil line.

Common area. Land owned and maintained by a property owners association for the benefit of all owners, whether in conservation, recreation, stormwater management, circulation, parking, or other similar uses and spatial features.

Communications tower. 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 a building.

Critical area. Wetlands below the critical line.

Critical line. The boundary of wetlands recognized by the Office of Ocean and Coastal Resources Management of the South Carolina Department of Health and Environmental Control.

Crown. The above ground parts of the tree that gives the tree its normal shape at maturity. The basic tree shapes are: umbrella, horizontal oval, vase, round, mound, broad triangle, upright oval, narrow triangle, narrow upright, weeping, columnar, and palm.

Day care services.

(a)

Family home day care. A dwelling unit in which care is given by a resident of that unit and no others during the day for one (1) and not more than twelve (12) children, including any child(ren) related to the caregiver.

(b)

Child day care services. Any center, agency, or place, other than a residence, where children not related to the operator are received for custodial care, apart from their parents, whether for compensation, reward, or otherwise, during part or all of the day or night and upon any number of successive days or nights, provided no child is given care for more than twenty-four (24) consecutive hours.

Developer. The owner of land proposed to be improved or subdivided or his/her representative who is responsible for any undertaking that requires review and/or approval under these regulations. Also Subdivider.

Development. The construction, reconstruction, conversion, structural alternation, relocation, or enlargement of any structure; any mine, excavation, landfill or land disturbance; and/or any change in use, or alteration or extension of the use, of land.

Diameter at breast height (DBH). The tree trunk diameter measured in inches at a height four and one-half (4.5) feet above the ground. If a tree forks into multiple trunks below four and one-half (4.5) feet, the trunk is measured at its most narrow point beneath the forks. Measurements shall be made by use of a circumference to diameter conversion tape.

Drip line. The vertical line extending from the outermost edge of the tree canopy to the ground.

Dwelling. Any building or part thereof used or intended to be used for continuous, long-term human inhabitation.

Dwelling, duplex. An independent dwelling unit utilizing structure—roof, floor, or wall—common to one (1) additional dwelling unit where both dwelling units occupy one (1) lot and no other primary land use or residence exists.

Dwelling, manufactured home. An independent dwelling unit composed of one (1) or more occupiable components assembled off-site, to a construction code certified by the U.S. Department of Housing and Urban Development, and transported to the site, but not permanently affixed to a foundation so that it can be subsequently relocated.

Dwelling, multi-family. An independent dwelling unit utilizing structure - roof, floor, and/or walls - common to one (1) or more additional dwelling units functioning as a community that provides access to each residence and a common area for vehicle parking and amenities.

Dwelling, multiplex. A single-family dwelling unit constructed in a group of two (2) or more attached residences that extends from foundation to roof, separated by a fire-rated wall, with separate entrances, and open space or public way on at least two (2) sides.

Dwelling, patio house. A freestanding dwelling unit functioning as part of a community that provides access to each house and a common area for vehicle parking and amenities. A patio house lot does not provide parking for automobiles.

Dwelling, row house. A freestanding, independent dwelling unit on an individual parcel with no other primary residence or land use, for which vehicular access and parking are provided, at least in part, in the rear of the lot from an alley.

Dwelling, single-family detached. A freestanding, independent dwelling unit on an individual parcel with no other primary residence or land use.

Dwelling, townhouse or single-family attached. An independent dwelling unit sharing side wall(s) with like units, each with its own roof and foundation, on its own lot, which may be equal to or larger than the footprint of the unit. Direct access to and frontage on a transportation right-of-way is provided to each unit. Vehicle parking is provided on the lot, on street, or in common area.

Easement. Authorization by a property owner for another to use the owner's property for a specified purpose, to be recorded on a plat with the Berkeley County Register of Deeds. That area on private land used, or intended to be used, for the specified purpose.

Escort. Means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency. Means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one (1) of its primary business purposes for a fee, tip, or other consideration.

Escrow. A deposit of cash with the local government or escrow agent to secure the promise to perform some act.

Establishment. With regard to sexually oriented businesses, means and includes any of the following:

(a)

The opening or commencement of any sexually oriented business as a new business.

(b)

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

(c)

The additions of any sexually oriented business to any other existing sexually oriented business

Family. Any number of persons related by blood or marriage and living and cooking together as a single housekeeping unity, plus not more than two (2) unrelated roomers, boarders or domestic servants; or no more than three (3) unrelated persons living and cooking together as a single housekeeping unit.

Flag lot. A mostly landlocked lot, surrounded by lots on all sides, that accesses a public right-of-way by means of a narrow strip of property projecting from the main body of the lot.

Floor/area ratio. Fraction representing gross square footage of structure (floor) divided by the square footage of land on which such structures stand (area).

Frontage. That side of a lot abutting a public right-of-way or the distance over which that lot abuts the public right-of-way. If the term 'frontage' is applied to the Town Residential (TR) district, it shall be defined as both public or private right-of-way, and seen as a special exception with approval from the zoning administrator. Both public and private rights-of-way must meet road criteria set forth in Section 5.6, Land Development Ordinance.

Heavy commercial trailer. A heavy commercial trailer is defined as a trailer vehicle used for any commercial purpose and having more than four (4) tires, and which is greater than sixteen (16) feet in overall length. Examples of heavy trailers include, but shall not be limited to "container chassis," "dump bodies," "reefers," and other trailers commonly utilized within the commercial shipping industry.

Heavy commercial vehicle. A heavy commercial vehicle is defined as a vehicle used for any commercial purpose whose tare weight exceeds five (5) tons (ten thousand (10,000) pounds), or a vehicle having more than two (2) discreet axles, or a vehicle greater than eight (8) feet in height. Construction equipment and farming equipment meeting these criteria are included within this definition.

Indigenous trees. Existing or natural growing trees native to the area, i.e. Live Oak (Quercus virginiana), Eastern Red Cedar (Juniperus virginiana), Southern Magnolia (Magnolia grandiflora), and Bald Cypress (Taxodium distichum) trees.

Infrastructure. The facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities.

Land development. Activity, or the result of activity, described in Subsection 1.9(B) of the Hanahan Land Development Ordinance.

Lot. A tract, plot, or portion of a development or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or possession or for development.

Lot, corner. A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding 135 degrees, which frontage on two (2) streets.

Lot frontage. The distance over which the lot abuts the public right-of-way.

Manufactured home space. Means a plot of ground within a manufactured home park designed for the accommodation of one (1) manufactured home.

Mural. Artistic expression painted onto a wall or ceiling. A mural that also qualifies as a sign (see definition below.) shall be regulated as a wall sign.

Non-conforming lot. A lot, the area, dimensions, or location of which were lawful prior to the adoption, revision, or amendment of the Zoning Ordinance, which fails to conform to the present requirements of the zoning district in which it is located.

Non-conforming structure/building. A structure or building, the size, dimensions, or location of which lawfully existed prior to the adoption, revision, or amendment to the Zoning Ordinance but which fails to conform to the current requirements of the zoning district in which it is located.

Non-conforming use. A use or activity that was lawful prior to the adoption, revision, or amendment of the Zoning Ordinance but which fails to conform to the current requirements of the zoning district in which it is located.

Nude model studio. Means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

Nudity or a state of nudity. Means the appearance of a human bare buttock, anus, male genitals, female genitals, or full female breast without a fully opaque cloth covering over the entire nipple and areola.

Office. A use or location primarily used for conducting the affairs of a business, profession, service, industry, government, or like activity where, typically, no material goods are produced or traded.

Parcel. A portion of land for which a single title describing and locating such land exists and is on record with the Berkeley County Register of Deeds.

Pedestrian-oriented development. Development designed with an emphasis on street sidewalk and other pedestrian access to and through the site(s) and building(s) over automobile access and parking areas. Such development will have parking to the side or rear of a building, will mix uses and provide them in proximity to one another, will allow the pedestrian the option or choice of not having to use a car to travel between uses, and will provide a variety of interesting and detailed streetscapes which balance the needs of pedestrian and vehicular traffic.

Pedestrian scale. Relationships between a person and the natural or built environment in which the person conceives of a sense of scale by comprehending depths, distances, and spaces, made possible through existing or manipulated size, texture, permanence, light, acoustics, and accessibility.

Permitted use. Any use specifically allowed in a zoning district, meeting the uniform standards set forth for the district, and subject to the restrictions applicable to that zoning district.

Permittee and/or licensee. Means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

Manufactured home. See dwelling, mobile home.

Person. Means an individual, proprietorship, partnership, corporation, association, or other legal entity.

Public hearing. A meeting announced and advertised in advance that is open to the citizens and landowners of Hanahan where the public is given an opportunity to participate and provide input.

Public improvement. Any roadway, sidewalk, parkway, drainage ditch, or other facility for which the local government or other public agency may ultimately assume responsibility for maintenance and operation, or which may effect an improvement for which the responsibility of local government or other public agency is established.

Proper pruning. Pruning as defined by the 1995 ANSI A300 standards.

Right-of-way. Land used, or intended to be used, for transportation, drainage, or other public purpose defined by parcel boundaries and not overlapping privately owned parcels of land.

Scale. Established measure of proportion between actual and represented features and spaces, such as that represented graphically on a hard-line drawing.

Semi-nude. Means a state of dress in which the clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.

Setback. The shortest distance from a structural element to a lot line. See also yard.

Sexual encounter center. Means a business or commercial enterprise that, as one (1) of its primary business purposes, for any form of consideration.

(a)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(b)

Activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is in a state of nudity or semi-nude.

Sexually oriented business. Means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

Sign. Any object, device, display, or structure, or part thereof used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images.

Sign, animated or moving. Any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation.

Sign, changeable copy. A sign or portion thereof which as a readerboard for the display of text information in which each alphanumeric character, graphic, or symbol is defined by objects, not consisting of an illumination device and may be changed or re-arranged manually or mechanically with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign.

Sign, electronic changeable copy. A sign or portion thereof that displays electronic, non-pictorial, text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LED's), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or other objects

Sign, flashing. A directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling, or sparkling.

Sign, freestanding. Any non-movable sign not affixed to a building, awning, or canopy. For the purposes of this ordinance, monument signs, defined below, shall be considered separately.

Sign, off-site. Any sign identifying, advertising, or directing the public to a business, merchandise, service, institution, entertainment, or activity which is located, sold, rented, based, produced, manufactured, furnished, or taking place at a location other than on the property where the sign is located.

Sign, portable. A sign that is not permanently affixed to a building, separate structure, awning, canopy, or the ground.

Sign, time and temperature. Any sign which displays exclusively current time and temperature information.

Sign, wall. A sign that is permanently affixed or applied to a wall where the face of the sign is parallel to the wall, such as letters, words, or graphics mounted on the wall; furthermore, a plaque hung on the wall or paint or other illustrative material applied to the face of a wall.

Site development. Improvement of and/or construction on a single parcel of land.

Specified anatomical areas. Means the male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.

Specified sexual activities. Means and includes any of the following:

(a)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(b)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(c)

Masturbation, actual or simulated; or

(d)

Excretory functions as part of or in connection with any of the activities set forth in (a) through (c) above.

Subdivider. Any person who, (1) having an interest in land, causes it directly or indirectly to be subdivided, (2) directly or indirectly sells, leases, or develops, or offers to sell, lease, or develop a portion of land, (3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, of a subdivision or any interest, lot, parcel site, unit, or plat in a subdivision, or is directly or indirectly controlled by or under direct or indirect common control with any of the foregoing.

Subdivision. Any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcels, sites, or interests for the purpose of offer, sale, lease, or development, whether immediate or future, or act heretofore. Subdivision includes the movement or abandonment of lot lines and the combination of lots.

Substantial enlargement of a sexually oriented business. Means the increase in floor areas occupied by the business by more than twenty-five (25) percent.

Transfer of ownership or control of a sexually oriented business. Means and includes any of the following:

(a)

The sale, lease, or sublease of the business;

(b)

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

(c)

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by request or other operation of law upon the death of the person possessing the ownership or control.

Street, public. All public property reserved or dedicated for street traffic.

Street, private. A local roadway serving only abutting lots, not publicly dedicated or maintained by the [local government] but meeting specific municipal improvement standards, and providing access for service and emergency vehicles.

Structure. Anything constructed or erected that requires location on the ground or attached to something having location on the ground.

Telecommunications. 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.

Timber harvest. The removal of trees from a lot for the commercial purpose of converting them into lumber, wood pulp or other wood products.

Topping. Also known as stubbing, dehorning, or lopping refers to cutting back of the leader stem or limbs into stubs larger than three (3) inches in diameter within the tree's crown so as to remove the normal canopy and disfigure the tree.

Transportation right-of-way. For the purposes of this ordinance, a transportation right-of-way shall be the right-of-way providing automobiles, bicycles, and/or pedestrians. Railroad right-of-way shall only be considered a transportation right-of-way where specified as such. In the absence of a transportation right-of-way adjoining the subject property, an ingress/egress easement expressly allowed for certain land developments may be interpreted by city officials and boards to substitute for purposes of lot frontage, building orientation, and parking area configuration.

Tree removal. The cutting or removing of fifty (50) percent or more of the crown, trunk, or root system of a tree, or causing the death of a tree through damaging, poisoning or other direct or indirect action.

Tree. A large, woody perennial plant with one (1) main trunk and many branches.

Utility. Public services, including potable water supply, sanitary sewer service, stormwater drainage infrastructure, telephone line, cable television line, and electricity line.

Vehicular use area. An area other than public or privately dedicated right-of-way, to be utilized for the circulation of automobiles to include alleyways, rear access points and waste removal sites.

Yard. A space created by a required or provided setback on the same lot with a principal building, open, unoccupied, and unobstructed by buildings or structures from ground to the sky except where encroachments and accessory buildings are expressly permitted.

Yard, buffer. A yard containing materials used to provide sight and sound screening from adjoining properties and rights-of-way. The required height and width of the buffer yard and materials used in its constructions may vary according to use and zoning district.

Yard, front. The yard that extends the full width of the lot, situated between the transportation right-of-way or the front lot line and the line projected to the side lot lines from the front of the building.

Yard, rear. The yard extending the full width of the lot, situated between the rear lot line and the line projected to the side lot lines from the rear of the building.

Yard, side. The yard situated between the side lot line, the front and rear yards, and the side of the building.

(Ord. No. 3-2009, § 1, 5-12-2009; Ord. No. 1-2012, § 1, 3-13-2012; Ord. No. 4-2014, § 1, 6-10-2014; Ord. No. 2-2020, § 1, 1-14-2020; Ord. No. 3-2023, § 1(Exh. A), 4-18-2023; Ord. No. 9-2023, § 1(Exh. A), 8-8-2023)