Hanahan City Zoning Code

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)

The parking of heavy commercial vehicles or heavy commercial trailers (as defined in Section 10.3 herein) upon any lot, land, street, right-of-way, or the shoulder thereof, for a period exceeding one (1) hour, except in emergency situations or for such length of time as may be necessary for the pick-up, loading, unloading or delivery of materials and/or passengers in residential zoned areas (RS, RSL, RSM, RM, RM-N, and RT) and in residential neighborhoods in the RO, TR, and TC districts is prohibited.

(Ord. No. 10-2014, § 1, 1-13-2015; Ord. No. 9-2023, § 1(Exh. A), 8-8-2023)

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)