Table 3-1 below lists the uses allowed within all base zoning districts.

A.

Explanation of Table Abbreviations:

1.

Allowed By-Right Uses. "P" in a cell indicates that the use is allowed by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this Ordinance, including the use-specific standards set forth in this Chapter and the requirements of Article 4, General Development Standards.

2.

Special Exceptions. "S" in a cell indicates that, in the respective zoning district, the use is allowed only if reviewed and approved as a special exception in accordance with the procedures of Section 7.7, Special Exceptions. Special exceptions are subject to all other applicable regulations of this Ordinance, including the use-specific standards set forth in this Article and the requirements of Article 4, General Development Standards.

3.

Prohibited Uses. "N" in a cell indicates that the use is prohibited in the respective zoning district.

4.

Use-Specific Standards. Regardless of whether a use is allowed by right or permitted as a special exception, there may be additional standards that are applicable to the use. The existence of these use-specific standards is noted through a cross-reference in the last column of the table and "C" in a cell. Cross-references refer to Section 3.2, Use-Specific Standards. These standards apply in all districts unless otherwise specified. The failure to properly denote any use or requirement in this chart does not remove responsibility for compliance with the requirement or restriction imposed elsewhere within the MZDO.

B.

Table Organization. In Table 3-1, land uses and activities are classified into general "use categories" and specific "use types" based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity that may appropriately exist within the categories, and specific uses may be listed in one category when they may reasonably have been listed in one or more other categories. The use categories are intended merely as an indexing tool and are not regulatory. The failure to properly denote any use or requirement in this chart does not remove responsibility for compliance with the requirement or restriction imposed elsewhere within the MZDO.

C.

Use for Other Purposes Prohibited. Approval of a use listed in Table 3-1, and compliance with the applicable use-specific standards for that use, authorizes that use only. Development or use of a property for any other use not specifically allowed in Table 3-1 and approved under the appropriate process is prohibited.

D.

Classification of New and Unlisted Uses. It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the City. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made. When application is made for a use category or use type that is not specifically listed in Table 3-1, the procedure set forth below shall be followed.

1.

The Planning Director shall make a determination as to the zoning classification into which the proposed land use should be placed, based on consideration of the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount, and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer. In making this determination the Planning Director may consider other classification resources such as the Society of Engineers, etc.

2.

Based on these considerations, the Planning Director shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts. A Written Interpretation shall be signed by the Planning Director and kept on file in the Planning Department. If the Planning Director is unable to determine the zoning districts within which such use should be permitted, then a Text Amendment to this Ordinance shall be presented to the Planning Commission for recommendation and to City Council for final approval.

E.

Table of Allowed Uses:

(*) Parking Standards including requirements for size and location are located in Article 4.6 of this Ordinance.

(Ord. No. 2020-8-6D, §§ 1, 2, 8-20-20)

A.

Principal Uses.

1.

Auto Repair and Maintenance:

a.

All major repairs shall be conducted within a fully enclosed building.

b.

The open storage of wrecked vehicles, dismantled parts, or parts visible beyond the premises is prohibited. All outdoor storage shall meet the standards of Section 4.5.B, Screening.

2.

Auto Wash:

a.

An off-street paved parking area capable of accommodating not less than one-half of hourly vehicle washing capacity awaiting entrance to the washing process shall be located and maintained on the premises (such space to contain at least two hundred (200) square feet per waiting vehicle);

b.

No safety hazard or impediment to traffic movement shall be created by the operation of such an establishment.

3.

Bakery. In the MU District:

a.

Goods baked on the premises must be sold on the premises.

b.

Wholesale sales are prohibited.

4.

Commercial Riding Stable:

a.

No building or enclosure for animals shall be located closer than one hundred (100) feet from any property line;

b.

The stable and related operations shall be separated from adjoining properties by a suitable, well-maintained planting screen, fence, or wall.

5.

Restaurants (other than drive-in establishment).

a.

Outdoor loudspeakers are prohibited;

b.

All lights or lighting arrangements used for purposes of advertising or night operations shall be directed away from adjoining or nearby residential properties;

c.

Parking and/or service areas shall be separated from adjoining residential properties by a suitable, well maintained wood or masonry type wall not less than six (6) feet in height, of uniform design and finish on both sides, and constructed by the developer or owner of the commercial property. This standard may be modified at the discretion of the Planning Director when a six (6) foot height is determined to be inappropriate.

6.

Equipment Sales and Service:

a.

Open storage of junk or salvage materials of any type in conjunction with the operation is prohibited;

b.

No objectionable sound, vibration, heat, glare or electrical disturbance shall be perceptible beyond the premises.

7.

Food and Beverage Stores; Grocery Stores:

a.

Slaughtering is prohibited.

b.

Any cleaning of fish or poultry shall be conducted within the principal building enclosure on the premises and meet the requirements of Health Department.

8.

Gas Stations or Truck Stops:

a.

All pumps shall be set back at least twenty-five (25) feet from the right-of-way line of all adjacent streets;

b.

Parking and/or service areas shall be separated from adjoining residential properties or zoning districts by a suitable, well maintained masonry type wall not less than six (6) feet in height above finished grade and consistent with the requirements of Section 4.5.B, Screening. Such a barrier shall be of the same design and nature on both sides. This barrier requirement may be amended to provide for other suitable barriers at the discretion of the Planning Director in individual situations where a six (6) foot wall is determined to be an inappropriate barrier. Such wall is to be constructed by the owner or developer of the property.

9.

Golf Courses. Course lighting to allow for nighttime operation is prohibited.

10.

Hospital. The use may include any functions that relate directly to the operation of the hospital and that are contained within the confines of said hospital or clinic,

11.

Laundry and Dry-Cleaning Services. Any establishment providing laundering, cleaning, or pressing services on the premises shall be only for articles delivered to the premises by individual customers

12.

Mini-warehouses:

a.

The site shall contain no less than one-half (1/2) acre and no more than ten (10) acres, and shall have direct access from a street constructed to City standards.

b.

The maximum height of all buildings shall be thirty-five (35) feet.

c.

All site boundaries shall be fenced with a sight-obscuring fence at least eight (8) feet high and include the required landscape buffer. However, no fencing shall be required on the portion of site boundaries where a structure abuts either side of the lot line. The design of the sight-obscuring fence shall be approved by the Planning Director. Where a mini-warehouse abuts a commercial or residentially zoned district, fifteen (15) feet of landscaping shall be required external to the sight-obscuring fence.

13.

Open Yard Use for the Sale, Rental and/or Storage of New, Used, or Salvaged Materials, or Equipment:

a.

Burning of materials or products on the premises is prohibited;

b.

Open storage of used or salvaged materials and/or equipment shall be provided a suitable, well-maintained masonry type wall not less than six (6) feet in height and of such consistency as to completely hide the use of the property from public view. All screening shall be consistent with the standards of Section 4.5.B, Screening. Such a barrier shall be of the same design and nature on both sides. This barrier requirement may be amended to provide for other suitable barriers at the discretion of the Planning Director in individual situations where a six (6) foot wall is determined to be an inappropriate barrier. The owner or developer of the property shall construct such barrier.

14.

Private Kindergarten or Pre-school Nursery:

a.

Such use shall meet the minimum standards set forth for such facilities by the SC Department of Health and Environmental Control.

b.

Such use shall be separated and screened from adjoining residential properties by a suitable, well-maintained, shrubbery screen, fence or wall of at least six (6) feet in height.

c.

Structures for such uses shall be of a permanent nature and not considered to be a mobile home or manufactured house under the definitions of this Ordinance.

15.

Public Utility Substation or Subinstallation:

a.

Commercial uses and the storage of vehicles or equipment on the premises is prohibited;

b.

The site shall be enclosed by a painted wood or masonry fence or wall at least six (6) feet in height above finished grade consistent with the standards of Section 4.5.A. Bufferyards.

c.

A landscaped strip not less than five (5) feet in width shall be planted and suitably maintained around the facility.

16.

Publishing Industries. In the GC and DGC Districts, such use shall provide parking, loading, and unloading facilities in conformance with the standards for industrial buildings, as set forth in Section 4.6, Off-Street Parking and Loading.

17.

Public Assemblies, etc.:

a.

SFR1 and SFR2 Districts.

Notwithstanding other requirements in this Ordinance, the following development standards apply in the SFR zoning districts:

i.

Minimum Lot Size: Forty thousand (40,000) square feet.

ii.

Side Yard Setback: Twenty (20) feet.

iii.

Front Yard Setback: Forty (40) feet.

iv.

Rear Yard Setback: Twenty-five (25) feet.

v.

A buffer zone consisting of either vegetation or privacy fence at least eight (8) feet in height must be erected at the property line in both side yards.

vi.

Such uses shall comply with all sign standards, including the maximum number of signs allowed and the maximum square footage of signs, for the zoning district in which it is located, as defined in Section 8.3, Sign Regulations.

vii.

The off-street parking requirements shall be one (1) space per two hundred (200) square feet of heated space for buildings without fixed seats, or one (1) space per five (5) seats or six (6) feet of pew space in those buildings with fixed seated or pews.

b.

MFR District. Notwithstanding other requirements in this Ordinance, the following development standards apply in the MFR Zoning District:

i.

Minimum Lot Size: Forty thousand (40,000) square feet.

ii.

Side Yard Setback: Twenty-five (25) feet.

iii.

Front Yard Setback: Forty (40) feet.

iv.

Rear Yard Setback: Twenty-five (25) feet.

v.

A buffer zone consisting of either vegetation or privacy fence at least seven (7) feet in height must be erected at the property line in both side yards.

vi.

The off-street parking requirements shall be one (1) space per two hundred (200) square feet of heated space for buildings without fixed seats, or one (1) space per five (5) seats or six (6) feet of pew space in those buildings with fixed seated or pews.

vii.

Signs for places of public assembly shall not exceed the maximum size and number of signs allowed and the maximum square footage of signs prescribed for each Zoning District or any of the requirements further defined in Article 8, Signs.

18.

Sexually Oriented Business. Such uses shall comply with the City's business license ordinance and meet the following special exception conditions:

a.

Minimum front yard of three hundred (300) feet.

b.

Minimum side yard of one hundred (100) feet.

c.

Maximum building height of thirty (30) feet.

d.

Freestanding or illuminated signs are prohibited. Sign copy is limited to a verbal description of the type of business but not the material or services available on the premises. Signs cannot include any graphic or pictorial depiction of material, live presentations of persons, or services available on the premises.

e.

Minimum one thousand (1,000) feet buffer from church, school, educational institution, residence, recorded subdivision/development, or publicly or privately owned youth-oriented grounds or facilities or existing adult business.

f.

A natural buffer, such as red tips, evergreens, or other materials that extend from the ground up to at least six (6) feet in height shall be provided around the property.

g.

One (1) on premises parking space shall be provided for every fifty (50) square feet of total floor space within building.

h.

Any other conditions placed upon the owner as prescribed by the Hardeeville Board of Zoning Appeals when a special exception use permit is applied for that are reasonable and provide for the well being, safety, and health of the public in general and the neighborhood in particular.

19.

Stand or Shelter for the Selling and/or Display of Seasonal Agricultural Products:

a.

In the RA Zoning District, such stands or shelters may be located within the minimum front yard area, but no closer to the nearest street right-of-way than twenty (20) feet.

b.

At least four (4) off-street parking spaces shall be provided and suitably maintained.

c.

This conditional provision does not apply to products which are not agricultural and seasonal in nature.

20.

Truck Transportation:

a.

Such facilities shall have direct access to major streets;

b.

Acceleration and deceleration lanes shall be provided and maintained where trucks enter or leave terminal sites that are at least ten (10) feet in width and one hundred (100) feet in length respectively.

c.

Open storage conducted in connection with the operation is allowed only if screened from view from right of way or another use.

21.

Warehousing and Storage. Open storage of junk or salvage materials of any type in conjunction with the operation is prohibited.

22.

Wholesale Trade. Open storage of junk or salvage materials of any type in conjunction with the operation is prohibited.

23.

Communication Towers:

a.

Definitions. In additions to the definitions contained in Article 9, the following shall apply to this Section:

i.

Antenna means a devise, dish, or array used to transmit or receive telecommunications signals.

ii.

Communications towers means a tower, pole, or similar structure which supports a telecommunications antenna operated for commercial purposes above ground in a fixed location, freestanding, guyed, or on a building. This does not include private home use television reception antennae and satellite dishes, or communications towers for amateur radio operation license by the Federal Communications Commission (FCC).

iii.

Fall zone means the determined area within which the structure can be predicted to collapse in the event of failure.

iv.

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

b.

General requirements. The following conditions apply to all communication towers, which is a special exception use requiring approval by the Board of Zoning Appeals:

i.

The tower shall not be illuminated or contain any lighting unless otherwise required by State or Federal regulations.

c.

Freestanding towers. The following conditions shall be met before a freestanding communications tower is approved:

i.

Approval for a proposed communications tower within a radius of ten thousand five hundred (10,500) feet from an existing tower or other suitable structure shall not be issued unless the applicant certifies that the existing tower or structure does not meet the applicant's structural specifications or technical design requirements, or that a co-location agreement could not be obtained at a reasonable market rate and in a timely manner. Reasonable market rate shall be determined by applicant providing an average of the lease rates it pays for co-location-sites in Jasper County. The rate information shall be deemed a trade secret of the applicant and shall be made available only to the appropriate City Staff who shall hold this information confidential.

ii.

The tower must be set back from all lot lines a distance equal to the tower's fall zone, as certified by a Registered Engineer, plus twenty (20) feet.

iii.

The tower must be located no closer to a residential structure than a distance equal to one and one-half (1 1/2) feet for each one (1) foot in height of the proposed tower plus fifty (50) feet as measured from the center of the proposed tower. At a minimum, there must be a one hundred fifty (150) foot distance between the proposed tower and a residential structure. This requirement may be waived by the owner of the residential structure.

iv.

The proposed tower must be designed to accommodate additional antennae equal in number to the applicant's present and future requirements.

v.

The proposed tower shall provide space for at least three (3) additional co-locations, for a total of four (4) separate arrays.

vi.

The height of a tower is limited to one hundred sixty (160) feet as measured from existing grade at its base to the highest point of the tower or antenna. An additional twenty (20) feet of height may be approved if the tower is designed to accommodate more than four (4) separate antennae arrays

vii.

A tower must be setback from the OCRM critical line, the OCRM base line and all publicly owned right-of-way a distance equal to the tower height divided by 0.35. This provision may be waived by the administrator for towers located on city-owned property to provide for public safety communications equipment utilized by fire and rescue or law enforcement personnel and for towers designed as flag poles.

viii.

The tower shall be appropriately secured by means of a wood, vinyl or masonry wall or fence, at least six (6) feet high; however, razor wire shall not be permitted. The tower shall have a vegetated buffer, either existing or installed, that provides an effective screen from public rights-of-way and adjacent property owners. If a buffer is to be installed, its placement on the site will vary in order to provide the most effective screening from public view. Required materials will be based on installation of a twenty-five (25) foot buffer around the fenced area.

ix.

The site shall or will meet the landscaping requirements of the district in which it is located.

x.

One (1) sign, two (2) square feet in size, which includes the name of the company(s) operating the equipment and a phone number for emergencies, shall be displayed in a visible location on or near the tower.

xi.

The color of the tower and its antennae shall be one which will blend to the greatest extent possible with the natural surroundings. Monopole towers shall be required; lattice towers and guyed towers are prohibited.

xii.

All tower, antennae, and accessory structure, or equipment that is not used for communication purposes for more than one hundred twenty (120) days shall be considered as abandoned and shall be removed by the owner within sixty (60) days. The City shall require a removal bond sufficient to cover one hundred fifty (150%) percent of the costs of removal to be purchased and kept in force as a requirement of permitting. Removal costs shall be the responsibility of the communication tower owner. The City reserves the right to dismantle any abandoned communications structure and associated equipment which has not been removed within the allotted time period. In that event, the City shall be reimbursed by the communications tower owner and/or by the surety bond within thirty (30) days of invoicing for the cost of dismantling and disposal of the tower and associated materials.

d.

Roof-mounted or water tank mounted communications towers. The following conditions apply to roof-mounted communication towers:

i.

No tower may be located on any residential structure.

ii.

A proposed roof-mounted or water tank mounted tower shall not extend more than twenty (20) feet above the highest part of the structure.

e.

Application requirements. The following items shall be submitted with the application for approval of a communications tower:

i.

Documentation that co-location on existing towers or structure in a radius of ten thousand five hundred (10,500) feet was attempted by the applicant but found unfeasible with reasons noted.

ii.

A notarize affidavit that states the applicant's willingness to allow co-location on the proposed tower at a fair market rate and in a timely manner to any other service provider licensed by the FCC for the City market area.

iii.

A Site Plan, sealed by a South Carolina Registered Engineer, showing the location of all existing improvements and any proposed tower, antenna, accessory structure or equipment. In addition, the site plan must show all existing trees.

iv.

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

v.

Written authorization from the owner of the site for the application.

vi.

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

vii.

Certification from the Federal Aviation Administration (FAA) that all towers, antennae, and equipment meet federal aviation and navigation requirements.

viii.

Documentation signed and sealed by a South Carolina Registered Engineer that indicates the proposed tower meets the structural requirements of the International Building Code (as adopted by the City) and the co-location requirements of this Chapter. The Engineer shall certify that the tower can withstand IBC standards for minimum wind load.

ix.

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

x.

For a new tower, written indemnification of the City and proof of liability insurance of no less than one million dollars ($1,000,000) to be reviewed by the City for appropriate increases every five (5) years to respond to claims which may arise from operation of the facility during its life, at no cost to the City in form approved by the City Attorney.

xi.

To assure removal of any abandoned tower, antennae, accessory structure, or equipment, a performance bond in the amount of the anticipated removal costs as determined by a South Carolina Registered Engineer, will be posted.

A.

Accessory Uses. In addition to the principal use, each of the following uses is considered to be a customary accessory use, and as such, may be situated on the same lot with the principal use or uses to which it serves as an accessory.

1.

Uses Customarily Accessory to Farms and Other Agricultural Uses:

a.

Private airfields or air strips, together with subordinate uses;

b.

Private garages;

c.

Cemeteries;

d.

Barns, stables and other facilities for livestock;

e.

Shed or tool room for the storage of equipment used in grounds or building maintenance;

f.

Storage facilities for produce;

g.

Greenhouses;

h.

Condensers;

i.

Creameries;

j.

Feed lots;

k.

Facilities for hatching or butchering of fowl;

l.

Private swimming pool and bathhouse or cabin;

m.

Private dock or boat house;

n.

Swimming beach;

o.

Trash Facilities: All private trash receptacles (dumpsters, trash cans, etc.) shall be hidden or screened from view. Screening shall be compatible with the architectural style of the primary structure. Unscreened facilities shall come into compliance immediately following the passage of this MZDO.

2.

Uses Customarily Accessory to Dwellings:

a.

Private garage not to exceed the following storage capacities:

i.

One (1) or two (2) family dwellings: Four (4) automobiles;

ii.

Multi-family dwelling: Two (2) automobiles per dwelling unit;

iii.

Group dwelling: One and one half (1.5) automobiles per sleeping room.

b.

Open storage space or parking area for motor vehicles provided that such space does not exceed the maximum respective storage capacities listed under subsection 2.a. above; and provided that such space shall not be used for more than one (1) commercial vehicle licensed as one (1) ton or less in capacity per family residing on the premises.

c.

Shed or tool room for the storage of equipment used in grounds or building maintenance, not to exceed forty (40%) percent of the square footage of the dwelling house.

d.

Private swimming pool and bathhouse or cabana.

e.

Private dock or boathouse.

f.

Swimming beach.

g.

Non-commercial flower, ornamental shrub or vegetable garden, greenhouse or slat house not to exceed seventy-five (75%) percent of the height of the primary structure.

h.

Trash Facilities: All commercial trash receptacles (dumpsters, etc.) shall be hidden or screened from view. Screening shall be compatible with the architectural style of the primary structure. Unscreened facilities shall come into compliance immediately following the passage of this MZDO.

i.

Accessory Dwelling Units.

1.

General provisions.

i.

Purpose and intent. It is the policy of the City of Hardeeville to promote and encourage the creation of legal ADUs in a manner that enhances residential neighborhoods in order that persons can meet their housing needs and realize the benefits of ADUs.

I. Permits: Eligibility and Application.

2.

Authorization for ADUs by zoning district. ADUs are allowed in zoning districts designed primarily to permit single-family dwelling units on individual lots. Accessory apartments may be located in zoning districts designed primarily for single-family dwelling units with walls attached to other single family homes when applicants provide written evidence from the proper fire and building officials that the proposed ADU conforms to building and fire code regulations.

3.

Approval process. One ADU is permitted per residentially zoned lot provided the Zoning Administrator first approves the proposed ADU as complying with the standards of this ordinance.

4.

Permit renewal (monitoring). A certificate of occupancy [or permit] issued for an ADU shall expire if the ADU does not conform to the municipal zoning code. Revocation of a permit by the Zoning Administrator must be based on an inspection of the ADU premises and a written record of the Zoning Administrator's findings.

II. Standards.

5.

Lot standards—Occupied by dwelling unit. An accessory apartment may be incorporated in either an existing or a new dwelling unit.

6.

Lot standards—Minimum size. ADUs may be developed on lots meeting the minimum lot size for the respective zoning district.

7.

Lot standards—Setback and lot coverage. ADUs may be developed on lots meeting the minimum lot size for the respective zoning district

8.

ADU building standards—Orientation of entrance. The ADU's primary entrance shall be not visible from the street view of the principal dwelling, and the ADU's stairways may not be constructed on the front or side of a principal dwelling unit.

9.

ADU building standards—Size. In no case shall an ADU be more than 40 percent of the living area of a principal dwelling unit, nor more than 1,200 square feet, nor less than 300 square feet, nor have more than two bedrooms

10.

Parking and traffic. One parking space is required per ADU if:

•

the same requirement exists for the principal dwelling unit;

•

no other parking spaces are available in side or rear yards, by tandem parking, or on-street parking; or

•

the use of the ADU will create the need for an additional parking space.

3.

Uses Customarily Accessory to Church Buildings:

a.

Parsonage, pastorium, or parish house, together with any use accessory to a dwelling as listed under "Uses Customarily Accessory to Dwellings" above.

b.

Off-street parking area for the use without charge of members and visitors to the church.

c.

Cemeteries provided that they are not located in any Residential District.

d.

Trash Facilities: All private trash receptacles (dumpsters, trash cans, etc.) shall be hidden or screened from view. Screening shall be compatible with the architectural style of the primary structure. Unscreened facilities shall come into compliance immediately following the passage of this MZDO.

4.

Uses Customarily Accessory to Retail Business, Office Uses, and Commercial Recreation Facilities:

a.

Off-street parking or storage area for customers, clients, or employees.

b.

Completely enclosed building for the storage of supplies, stock or merchandise.

c.

Repair facility incidental to the principal use provided that dust, odor, smoke, noise, vibration, heat or glare produced as a result of such manufacturing or repair operation is not perceptible from any boundary line of the lot on which said principal and accessory uses are located, and provided such operation is not otherwise specifically prohibited in the District in which the principal use is located.

d.

Private air fields or airstrips, together with subordinate uses.

e.

Sheds or tool rooms for the storage of equipment used in operations or maintenance.

f.

Private swimming pools, bathhouses, or cabanas.

g.

Swimming beach.

h.

Bait house.

i.

Agricultural products stand, not to be construed to include peddlers of nonagricultural products, provided all set back requirements or observed in the Commercial District where located, and further provided that such a stand be disassembled after the growing season, not later than October 1 of any year, and such stand complies with the sign regulation for the Zoning District within which it is located, and furthermore, does not create a hazard to local traffic patterns.

j.

Trash cans, street furniture, and other related site furnishings located on private property shall not contain any commercial message such as a name or logo of a business.

5.

Uses Customarily Accessory to Public Uses, Building or Activities. There shall be no limitations regarding accessory uses to any use, building, or activity operated within public domain except that such uses, buildings, or activities must be directly related and subordinate to the principal public use.

6.

Caretaker's Residence:

a.

In the CP District, a caretaker's residence located on a single parcel of land of not less than forty (40) acres and must be set back not less than twenty-five (25) feet from any adjacent or adjoining property line.

b.

In the nonresidential districts, a caretaker's residence may be provided for commercial uses so long as the dwelling quarters are concealed within the principal structure and that there is no outdoor storage on the premises, including, but not limited to, boats, campers, inoperable automobiles or storage buildings, that may indicate that the premises are used for any purpose other than that of the principal use.

c.

In the LI and BI districts, a one-family or two-family dwelling may be located on the premises of a permitted use provided the head of the household is employed by the industry as a watchman or caretaker or as employees of an agricultural or horticultural operation located on the premises.

B.

Home Occupations. Home occupations shall be permitted in any Residential District provided that such occupation:

1.

Is conducted by no other persons than members of the family and not more than two (2) other employees who are not residents residing on the premises;

2.

Is conducted within the principal building with no display or storage of anything outside the principle building;

3.

Utilizes not more than twenty-five (25%) percent of the total floor area of the principal building;

4.

Produces no alteration or change in the character of exterior appearance of the principal building front of a dwelling;

5.

Involves no sales or offering for sale of any article not produced or assembled by members of the family or employees, or any service not performed by members of the family or employees on the premises;

6.

Creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, unhealthy or unsightly condition. No equipment or process shall be used that creates a visual or audible interference in any radio or television receivers off the premise or causes flotation of line voltages off the premise.

7.

Normal business hours shall be limited to 8:00 AM to 8:00 PM. At no time shall customers exceed three during normal working hours. Business that operate between hours of 8:00 PM and 8:00 AM shall be of a type that is quiet in nature such as clerical, bookkeeping, accounting, computer, etc., and do not create other than normal residential traffic on the surrounding area;

8.

Ensures that the applicant for such home occupation must 1) demonstrate that the proposed business use will not occupy more than twenty-five (25%) percent of the dwelling or accessory structure; 2) present a petition signed by all the property owners within one hundred fifty (150) feet of the property boundaries upon which the home occupation is to occur, stating their agreement or disagreement with the proposed use; 3) demonstrate a sufficient amount of off-street parking as defined in Section 4.6, Parking and Loading, exist or shall be created upon the premises for the home occupation; and 4) present these items to the Planning Director for approval;

9.

Ensures that businesses requiring appropriate state licensing shall receive appropriate licensing before a Zoning Permit and Business License is issued by the City of Hardeeville.

10.

Does not involve automobile and/or body repairing; greenhouse or commercial nurseries and truck farming; food handling, processing or packing of food other than catering services that utilize standard home kitchen equipment; repair, manufacturing and processing uses, except that of a seamstress, where goods are manufactured for stock, sale or distribution; restaurants; and uses that harbor, train, raise, or treat dogs, cats, birds, other animals on-site.

The Planning Director can defer the request to the BZA as a special exception use for their consideration and approval at a public hearing if, in his opinion, the home occupation request would create adversity in the neighborhood or he may deny the home occupation permit.

C.

Accessory Uses.

1.

Retail Businesses, Incidental to a Permitted Use:

a.

Such use shall be located on the same premises as a permitted use.

b.

Open storage of junk or salvage materials in conjunction with the operation is prohibited.

(Ord. No. 2020-8-6D, § 3, 8-20-20)

The Planning Director is authorized to issue a Temporary Certificate of Zoning Compliance for temporary uses, as follows:

A.

Real-estate sales office in model homes provided no sleeping accommodations are maintained in the structure.

B.

Contractor's office and equipment sheds, in any District, provided that such office is placed on the property to which it is appurtenant.

C.

Temporary tent sales or sidewalk sales of items shall be permitted when conducted by and on the premises of a business operating out of a permanent structure on said premises and offering for sale similar merchandise as offered within the permanent structure without a zoning certificate as long as the setback requirements for the particular zoning District are not violated. Under no circumstances shall this provision be construed to permit peddlers or hawkers to operate on any premises. Yard sales are allowed only if written permission from property owner is obtained.

D.

Temporary seasonal sales of unprocessed agricultural or horticultural products related to the seasonal demand or availability of such product; including but not limited to fresh fruits and/or vegetables, Christmas trees, and bedding plants may be permitted provided that:

1.

Horticultural and agricultural products shall exclude non-edible flora which is ordinarily available through established floral outlets without regard to season;

2.

Temporary seasonal sales operators submit a Site Plan for review by the appropriate City officials; and

3.

Such operations are limited to six (6) months of operation.

E.

All temporary Certificates of Zoning Compliance may be renewed provided that it is determined that said use is clearly of a temporary nature, will cause no traffic congestion and would not create a nuisance to surrounding uses.

A.

Nonconforming Buildings or Uses. Nonconforming buildings or 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 uses at the time of the enactment of this Ordinance may be continued even though such use does not conform with the provisions of this Ordinance, except that the nonconforming building or land use or portions thereof, shall not be:

1.

Changed to another nonconforming use;

2.

Re-used or re-occupied after discontinuance of use or occupancy for a period of thirty (30) days or more;

3.

Re-established, re-occupied, or replaced with the same or similar building, or land use after physical removal or relocation from its specific site location at the time of passage of this Ordinance for a period of thirty (30) days or more.

4.

Changed to a different use within the same district if such use would increase the traffic impacts or parking requirements, or otherwise increase of fail to reduce the degree of the non-conformity.

5.

Repaired, replaced, rebuilt, or altered after damage exceeding fifty (50%) percent of its replacement cost at the time of destruction as determined by the Planning Director or assigned agent.

6.

Enlarged or altered in a way which increases in nonconformity.

B.

Nonconforming Building or Use Discontinuance.

1.

Notwithstanding other provisions of this Ordinance, certain nonconforming buildings or land uses, after this Ordinance is enacted into law, shall be discontinued and/or shall be torn down, altered or otherwise made to conform with this Ordinance within the periods of time set by City Council. Upon application to the Board of Zoning Appeals, the Board, either according to general rule or upon findings in the specific case, may permit not more than one (1) extension for not more than the time indicated in the Nonconformity Compliance Schedule below.

2.

Upon learning or determining that a building or use is non-conforming, the Planning Director shall send a written notice the owner of the property that is nonconforming stating in what manner the property does not conform to said Ordinance to inform the owner of the nonconformity.

C.

Parking Non-conformities. In cases of nonconformance due to insufficient automobile parking, buildings may not be enlarged or expanded, or uses changed which increase the nonconformity, until parking accommodations satisfy the requirements of this ordinance.

D.

Manufactured Home—Nonconformities and Replacement. All lots of record as of March 20, 2008, the date of the enactment of the re-codified Municipal Zoning and Development Standards Ordinance, and upon which a manufactured or mobile home (as defined within this Zoning Ordinance) existed in place, may have a replacement manufactured home placed upon such lot upon the following conditions.

1.

All requirements of Sections 2.4(F) must be met, save and except those sections addressing manufactured home park standards (Sections 2.4(F)14, 15 and 16.

2.

No manufactured home so placed may be used except as a single family residence by the owner. Rental of the manufactured home is prohibited, and cause for the removal of the manufactured home as a public nuisance under the provisions of state and/or local law upon notice and disposition of such violation by the Municipal Court which remains unabated for more than thirty (30) days after conviction in the Municipal Court of such violation. Notice shall be given to the legal owner of record in the Office of the Register of Deeds for Jasper County, South Carolina as of the date of violation.

E.

Landscaping—Nonconforming Uses. When modifications are made to developed nonconforming property, a certain percentage of the value of those modifications shall be expended toward landscaping on the overall site in order to incrementally bring the site closer to compliance as follows:

1.

When construction of new freestanding buildings, additions to existing buildings, new buildings which replace existing buildings, or addition of communication towers and antennae exceeds five thousand dollars ($5,000.00) in value, ten (10) percent of the value of these improvements shall be expended toward landscaping.

2.

When interior or exterior building repairs, renovations, or improvements exceeds ten thousand dollars ($10,000.00) in value, fifteen (15) percent of the value of these improvements shall be expended towards landscaping.

3.

When modifications made to the ground other than to structures, such as grading, paving, repaving, or re-striping of parking lots but excluding signs or other landscaping expenses exceeds five thousand dollars ($5,000.00) in value, ten (10) percent of the value of such modifications shall be expended towards landscaping.

4.

The percentages specified in (a) shall be above and beyond any expenditures required for landscaping specifically required by new construction or site alterations itself. For example, with a ten thousand dollar ($10,000.00) addition to a building, the developer shall be required to spend one thousand dollars ($1,000.00) on landscaping and tree conservation on the overall site. The expense of installing a landscape bedding around the addition shall not count toward the one thousand dollar ($1,000.00) requirement.

5.

The Planning Director shall review and approve the proposed Landscaping Plan to assure optimal effectiveness in bringing the site closer to compliance. The priority for installation of landscaping is as follows:

a.

Planting of overstory trees in the front buffer (creating a front buffer if necessary);

b.

Perimeter screening of parking areas; and

c.

Planting of overstory trees in the interior parking areas.

The work may include removing portions of pavement in order to install landscaping peninsulas, perimeter buffers, and other landscaping areas. Where the overall circulation and parking pattern will be disrupted, the developer shall not be required to remove paving.

6.

When the value of any building construction, including repairs, renovation, and/or expansions over a three (3) year period exceeds fifty (50) percent of the fair market value of the property as shown in the Jasper County Tax Record, the property must be brought into compliance with the full requirements of this Section.

7.

Once the property is brought into compliance to the extent practicable, no further landscaping expenditures shall be required.

F.

Nonconformity Compliance Schedule. To be administered and enforced by the Planning Director:

(Ord. No. 2010-2-4A, § 1, 3-4-10)

A.

Purpose. It is the purpose of this section to protect the health, safety, and general welfare of the public by providing specific stipulations for the operations of Mobile Food Units.

B.

Definitions. A Mobile Food Unit is a temporary food service establishment that is a vehicle mounted food service establishment designed to be movable. This definition shall not include stands that sell seasonal, unprocessed, agricultural or horticultural products as outlined in Section 3.4.D.

C.

Administration and Enforcement.

1.

Mobile food units are required to follow the operations standards stated below in order to operate within the City of Hardeeville. Mobile food units are required to obtain a Zoning Permit for the mobile food unit, base of operations, and each parking location to a maximum number of three (3) parking locations.

2.

A Business License shall be required.

D.

Principal Uses.

1.

Operations.

a.

Food Preparation: Mobile food units may perform minimal preparation for street foods such as hot dogs, pizza, ice cream, tacos, burgers, barbeque, and other appropriate foods.

b.

Base of Operations: A base of operations is required for each mobile food unit. This base is where servicing the unit, food storage during non business hours, and some food preparation should occur. This may be at an existing business or residence and requires a Zoning Permit. The address of the base of operations must be visible on the outside of the mobile food unit for identification.

c.

Licensing: A business license is required in order to operate and can obtained at City Hall.

d.

Building Standards: Mobile food units are required to follow the standards set by the South Carolina Department of Health and Environmental Control (DHEC). Any repairs or future modifications to the mobile food unit require a zoning permit from the City.

e.

Signage: Mobile food units are required to go through the sign permit application process in order to receive signage. The only allowable signs for mobile units include wall signs and signage printed onto the existing unit structure; all other types of signs are strictly prohibited.

f.

Location: Mobile units are only permitted in the MU, DMU, HC, GC, DGC, LI and BI zoning districts. These units may not operate within one hundred fifty (150) feet of an existing restaurant without written consistent from the owner. These units may not provide seating or tables for customers. These units must remain in one location each day and can be permitted to be in up to three (3) different locations on different days. A zoning permit and approval from the owner of the location is required for each active location. Only one mobile unit can be permitted per location.

g.

Positioning: Mobile units must have a dedicated parking location approved by the City for each permitted location. Parking locations cannot block existing traffic flows and rights-of-way. The Planning Director shall have the authority to regulate the precise location of parking.

h.

Conduct: Mobile food units may not be used for purposes other than serving street food. Serving alcoholic beverages and or acting as a grocer is strictly prohibited. All license and permits must be displayed inside the mobile food unit.

i.

Violations: Failure to comply with the standards in this section will result in action from code enforcement.

(Ord. No. 2011-1-6D, § 1(Exh. A), 2-3-11)

A.

It shall be unlawful for any person to move into or erect, or to be caused to be moved into or erected, within the City any prefabricated barracks, hutments, shipping containers, portable storage units or other buildings or containers of like nature, except as provided for in this section.

B.

A shipping container (storage container) shall be defined as "a reusable steel box used for inter-modal shipments or other steel boxes either with or without axles and wheels".

(1)

A permit will be required to place a shipping container on any property located within the City of Hardeeville.

(2)

Shipping container permits eligibility shall be determined based upon location and zoning district:

a.

Within the General Commercial (GC), Limited Industrial (LI) and Highway Commercial (HC) zoning districts, properties that do not have frontage or direct visibility on US 278, Argent Blvd, Whyte Hardee Blvd, John Smith Road, SC 170, or Main St, are eligible to obtain a permanent shipping container permit through the Planning and Development department. A permanent shipping container permit must be renewed every twenty-four (24) months.

i.

Properties within the GC, LI and HC zoning districts that have frontage or where the containers would have direct visibility on US 278, Argent Blvd, Whyte Hardee Blvd, John Smith Road, SC 170, or Main Street are not eligible to obtain a permanent or temporary shipping container permit.

b.

All other zoning districts are eligible for a Temporary Shipping Container Permit or Construction Storage Shipping Container Permit only.

i.

A Temporary Shipping Container Permit shall be valid for sixty (60) days and no more than two (2) temporary shipping container permits shall be issued in a three hundred and sixty-five day (365 day) time period.

ii.

A Construction Storage Shipping Container Permit shall be valid until expiration of the building permit and is subject to the following requirements:

1.

Type N permits (new construction) shall not require screening.

2.

Type R and S (renovation permits) must be located at the back of the property and screened in accordance with requirements of the Planning and Development Department.

C.

Permanent Shipping Container and Temporary Shipping Container Permit Holders must abide by the following additional restrictions:

1.

All Containers must:

i.

Be located at the rear of such retail business and shielded from the view of the general as approved by staff during permitting process, and

ii.

Be located outside public parking lot areas; and

iii.

Not obstruct the flow of vehicular traffic or emergency vehicles, and

iv.

Be shielded by an eight (8) foot wooden privacy fence subject to additional approvals and permits by the Planning and Development Department.

D.

An applicant for any permit pursuant to this section must pay permit fees as provided for in the City of Hardeeville Fee Schedule. An applicant must pass an inspection prior to receiving any permit.

E.

No Shipping Container Permit shall be issued so long as any City fees or fines remain unpaid.

F.

If any storage unit is not removed at the expiration of a permit or if storage units are located on a property without a valid permit, or any other requirement provided for in this Section is not complied with, the property owner of record and/or individual listed upon the shipping container permit and/or permit application and/or building permit/application shall be guilty of possession of an illegal storage container and shall be subject to the general penalty provided for in Section 1-13 of the Hardeeville Code of Ordinances.

(Ord. No. 2019-4-17B, 5-2-19)