Except as specifically defined herein, all words used in this Ordinance have their customary dictionary definitions. For the purpose of this Ordinance, certain words or terms used herein are defined as follows:

A.

Words used in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular.

B.

The word "shall" is always mandatory.

C.

The word "may" is permissive.

D.

The word "structure" includes the word "building."

E.

The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

F.

The words "map", "Zoning Map", or "Official Zoning Map" shall mean the Official Zoning Map of Hardeeville, South Carolina, and refers to all maps so titled and bearing the seal of Hardeeville together with the signature of the Mayor, as well as the date of adoption of the Ordinance.

G.

The term "Planning Commission" refers to the Hardeeville Planning Commission.

H.

The term "Mayor and Council" refers to the Mayor and City Council of Hardeeville, South Carolina.

I.

The term "Clerk" refers to the City Clerk/Treasurer of Hardeeville, South Carolina.

J.

The term "Regional Council" refers to the Low-country Council of Governments and its staff.

K.

The term "Planning Director" refers to the person subsequently and specifically designated by the Mayor and Council so employed and empowered as the Planning Director for Hardeeville, South Carolina.

Accessory. A use, activity structure, or part of a structure that is subordinate and incidental to the main activity or structure on the site.

Alley. A narrow public or private thoroughfare which provides only a secondary means of vehicular access to abutting properties.

Alteration, Structural. Any change in the supporting members of a building (such as bearing walls, columns, or girders), any addition or reduction to a building; any change in use; or any relocation of a building from one location or position to another.

Appurtenances. Architectural features not used for human occupancy consisting of spires, belfries, cupolas, or dormers, silos, parapet walls and cornices without windows, chimneys, ventilators, skylights, and antennae.

Area of Special Flood Hazard. Any land area susceptible to inundation by the base flood (100-year flood) as determined on official Flood Hazard Boundary Maps, Flood Insurance Rate Maps, or other best available data.

As-built Plan. The amended final site plans specifying the locations, dimensions, elevations, capacities and capabilities of structures or facilities as they have been constructed.

Automobile Service Station. Buildings and premises on any parcel or lot where gasoline, oils, and greases, batteries, tires and automobile accessories may be supplied and dispensed at retail (or in connection with a private operation), when no part of the premises are used for the storage of dismantled or wrecked vehicle parts, and also when the following services may be rendered, and none other:

A.

Sale and servicing of spark plugs, batteries, and distributors;

B.

Tire repair and servicing, but no re-capping;

C.

Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, floor mats, seat covers, wiper blades, windshield wipers, grease retainers, and wheel bearing;

D.

Washing and polishing;

E.

Greasing and lubrication;

F.

Exchanging fuel oil pumps and installing fuel lines;

G.

Minor servicing and replacing of carburetors;

H.

Emergency wiring repairs;

I.

Adjusting and repair of brakes;

J.

Minor adjustment of engines, not involving removal of the head and/or crank case, or racing the motor;

K.

Sale of cold drinks and packaged foods, as accessory only to principal operation;

L.

State Certified Inspection Station;

Awning. An architectural projection roofed with flexible material supported entirely from an exterior wall of a building.

Balcony. A porch connected to a building on upper stories supported by either a cantilever or by columns on one (1) side.

Bed-and-Breakfast. See "Tourist Home" in this Section.

Best Available Data (environmental). For purposes of the erosion control and stormwater management regulations of this Ordinance (Section 4.6), current FEMA information or Flood Insurance Study data, whichever is the most restrictive. The most restrictive information is that which produces the highest base flood elevation (BFE) or the widest floodway.

Best Management Practice (BMP) (environmental). For purposes of the erosion control and stormwater management regulations of this Ordinance (Section 4.6), a structural or nonstructural management based practice used singularly or in combination to reduce non-point source inputs to receiving waters in order to achieve water quality and quantity protection goals.

Boarding House. A building, other than a hotel or motel, where lodging or rooms, or both, are provided for compensation, whether directly or indirectly.

Bufferyard. 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 bufferyard and materials used in its construction may vary according to use.

Buildable Area. The portion of a lot or site, exclusive of required yard areas, setbacks, landscaping, or open space within which a structure may be built.

Building. A structure enclosed within exterior walls, built, erected and framed of a combination of materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals, or property.

Building Coverage. The horizontal area within the outer perimeter of the building walls, dividers, or columns at ground level including courts and exterior stairways, but excluding uncovered decks, porches, patios, terraces, and stairways.

Building, Principal. A building in which the primary use of the lot on which the building is located is conducted.

Building Line (also Build-to-Line).A line that is the inner edge of any required yard or required setback, and the corresponding outer edge of the buildable area. Except for porches, handicap accessible ramps, and any other feature explicitly listed or stated within the regulations herein, no portion of any building or structure may be extended to occupy any portion of a lot outside its building lines.

Care Homes. A rest home, nursing home, convalescent home, home for the aged, or similar uses established and operated on a profit or non-profit basis to provide lodging and/or meals and/or domiciliary care for the aged, infirm, chronically ill or convalescent persons.

Clinic. An establishment where human patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians, dentists, other health care professionals, or similar professions.

City Engineer, Designee. A person designated by city council to serve as city engineer in the absence of a city engineer.

Colonnade (or Arcade). A covered, open-air walkway at standard sidewalk level attached to or integral with the building frontage; structure overhead is supported architecturally by columns or arches along the sidewalk.

Condominium. See "Dwelling, Condominium" in this Section.

Cul-de-sac. A street having one open end and being permanently terminated by a vehicle turnaround.

Density. The number of dwelling units per acre of land developed or used for residential purposes. Unless otherwise clearly stated, density requirements in this Ordinance are expressed in dwelling units per acre, that is one (1) unit per acre of land is devoted to residential use exclusive of land utilized for streets, alleys, parks, playgrounds, school grounds or other public uses. Design professional. A South Carolina registered land surveyor, civil engineer, landscape architect and architect, as may be required for particular work under South Carolina State Code.

Detention Area. An area or structure that is designed to capture specific quantities of stormwater and to gradually release the stormwater at a sufficiently slow rate to avoid flooding.

Developer. That person (see "Person" in this Section) who is improving a parcel of land within the city and who may or may not be the owner of the property.

District. The term applies to various geographical areas of Hardeeville for purpose of interpreting the provisions of this Ordinance. The districts are designated with the use of symbols on the Official Zoning Map. Regulations controlling land use in the various districts within the City are set forth in Articles 2 and 3 of this Ordinance. The terms "District" and "Zoning District" are synonymous and are used interchangeably throughout this Ordinance.

Doublewide. See definitions for "Manufactured Home" in this Section.

Drainage. The outflow of water or other fluid from a site, whether by natural or artificial means.

Drainageway. A natural or artificial watercourse, including a adjacent riparian vegetation, that has the specific function of transmitting natural stream water or storm runoff water from a point of higher elevation to a point of lower elevation.

Drainage System. The surface and subsurface system for removal of water from the land, including both the natural elements of streams, marshes, swales, and ponds, whether of an intermittent or continuous nature; and the manmade elements such as improved open channels, culverts, retention facilities, and enclosed storm sewers.

Drive-In. A retail or service enterprise oriented to automobile driving patrons wherein service is provided to the consumer on the outside and/or inside of the principal building. The term "drive-in" includes drive-in restaurants, and dairy bars, theaters, banks, laundries, food stores, or car washes.

Dwelling. A building for human habitation, which shall not include a trailer or other mobile living unit or hotel, dormitory, hospital or rooming house; arranged or designed to provide living quarters for one or more families. The terms "dwelling" and "residence" shall be interchangeable.

Dwelling, "One-Family" or "Single-Family". A detached dwelling other than a mobile home designed for or occupied exclusively by one (1) family on a single lot.

Dwelling, Condominium. A building or series of buildings on the same lot, or portions thereof, containing more than one (1) dwelling unit under separate ownership with joint ownership of common open spaces.

Dwelling, Group. A building or portion of a building occupied or intended for occupancy by several unrelated persons or families, but in which separate cooking facilities are not provided for such resident person or families. The term "group dwelling" includes but is not limited to the terms rooming house, apartment hotel, fraternity house, or sorority house, Y.M.C.A. or Y.W.C.A. A hotel, motel, or tourist home shall not be deemed to be a group dwelling as herein defined.

Dwelling, "Multi-Family" or "Multiple-Family". A dwelling or group of dwellings on one lot, containing separate living units for three or more families, having separate or joint entrances, and including apartments and condominiums.

Dwelling, Townhouse. A single dwelling unit in a townhouse group, located or capable of being located on a separate lot, and being separated from the adjoining dwelling unit by an approved wall extending from the foundation through the roof and structurally independent of the corresponding wall of the adjoining unit.

Dwelling Unit. A single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Easement. A grant by a property owner to the use of land by the public, a corporation, or persons for specific purposes including but not limited to the construction of utilities, drainageways, and roadways.

Embankment or Fill Sand , gravel, earth, or other materials of any composition whatsoever placed or deposited by humans.

Erosion. The general process by which soil and rock fragments are detached and moved by the action of wind, water, ice, and gravity, either naturally or induced.

Erosion and Sediment Control Plan. A plan which adequately describes necessary land management practices and control measures, including a timetable or schedule for their installation, which will effectively minimize soil erosion and sedimentation; prepared and approved as provided herein for application to a particular land area.

Family. One (1) or more persons occupying a single dwelling unit provided that no such family shall contain over five (5) persons unless all members are related by blood or marriage, but further provided that domestic servants employed on the premises may be housed on the premises.

FEMA. The Federal Emergency Management Agency.

FEMA-designated floodplain. The 100-year floodplain shown on the most current FEMA Flood Insurance Rate Map or Flood Boundary and Floodway Map. This shall include both the detailed 100-year floodplain, which shows the 100-year flood elevation, and the approximate 100-year floodplain.

Flood. A general and temporary condition of partial or complete inundation of normally dry land areas, caused by the overflow of a watercourse or the unusual and rapid accumulation of surface water runoff from any source. For the purpose of this section, a flood shall be construed to be any inundation that has a return frequency of one hundred (100) years or less.

Flood, 10-Year. The flood having a ten percent (10%) chance of being equaled or exceeded in any given year.

Flood, 25-Year. The flood having a four percent (4%) chance of being equaled or exceeded in any given year.

Flood, 50-Year. The flood having a two percent (2%) chance of being equaled or exceeded in any given year.

Flood, 100-Year/Base Flood. The flood having a one percent (1%) chance of being equated or exceeded in any given year.

Flood, 500-Year. The flood having a two-tenths percent (0.2%) chance of being equaled or exceeded in any given year.

Flood Insurance Rate Map (FIRM). An official map of Hardeeville and/or Jasper County, SC on which FEMA has delineated both the areas of special flood hazards and the risk premium zones applicable to Hardeeville and/or Jasper County, SC, with accompanying reports.

Flood Insurance Study. A study using detailed hydrologic and hydraulic analyses to model the one percent (1%) annual chance flood event, determine base flood elevations, and designate floodways and risk zones (Zones AE, A1—30, AH, AO, VE, and V1—30).

Flood Plain. Also "flood prone area", means a land area adjoining a river, stream, ocean or water course which is likely to be flooded. The flood plain for the city is duly designated on officially adopted city flood plain maps available at the city hall.

Flood Prone Area. The area of land susceptible to being inundated by a flood (see definition of "flood").

Floodproofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures including utility and sanitary facilities which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.

Floor. See "Story" in this Section.

Frontage. The length of the property line of any one (1) premises parcel serving as a public right-of-way line.

Frontage, Building. The side of a building that abuts, parallels, or is nearest to parallel with, a street, a parking area, or other circulation area open to the general public and that has either a main window display or a public entrance to the building.

Garage, Private. An accessory building or portion of a principal building used only for the private storage of motor vehicles as an accessory use.

Garage, Repair. Building and premises designed or used for purposes indicated under "automobile service station" and/or major commercial repairs; provided that body work and painting shall be conducted within fully enclosed buildings and provided further that self-propelled vehicles in process of repair shall be stored in fully enclosed and secluded area.

Garden Wall. A freestanding wall, no higher than seventy-two (72) inches, along the property line dividing private yards from streets, alleys, and/or neighboring lots.

Governing Authority. The city council having jurisdiction in the area and matter involved.

Grading. Any stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition, to create new grades.

Group Development. The development of two (2) or more structures designed or intended for separate occupancy or use on a site that is not subdivided into lots, blocks, and streets, and is subject to the city's land development regulations; such as shopping centers, office buildings, industrial sites, manufactured home parks, apartment complexes, and condominium complexes.

Habitable Floor. For purposes of the erosion control and stormwater management regulations of this Ordinance (Section 4.9), any floor useable for living purposes, which include working, sleeping, eating, cooking and recreation, or any combination thereof. Floor elevation is to be measured as follows: (a) For slab-on-grade type buildings or buildings with basements, the top surface of the slab or basement floor constitutes the lowest floor; (b) For footing, foundation wall, or pile type buildings having crawl spaces under the building with no basements, the top surface of the finished flooring above the horizontal joist, beam, or other supporting member constitutes the lowest floor.

Height, Building. Building Height is determined by the vertical distance as measured from the lowest ground elevation on the building to the highest point on the building, excluding chimneys, cupolas and antennae.

Home Occupation. A use secondary or accessory to a property's primary residential use. A home occupation use shall not change the residential character of the property or the neighborhood and shall meet all applicable legal requirements.

Hotel. A building or buildings in which lodging, with or without meals, is provided and offered to the public for compensation, and which is open to transient or permanent guests and is not a boarding house as herein defined. The word "hotel" includes the terms "motel", "tourist home" and "motor court".

Immediate Family. As used herein, shall mean a sub-divider's heirs at law who would succeed to his estate of inheritance under the state statute of dissent and distribution.

Junkyard or Salvage Yards. A building structure, or parcel of land, or portion thereof, used for collecting, storage, or sale of waste paper, rags, scrap metal, rubber tires, bottles, or discarded material. Where such materials are a byproduct of a permitted use, such activity shall be considered outdoor storage.

Land. Any ground, soil, or earth, including marshes, wetlands, swamps, drainage-ways, and areas not permanently covered by water, including any improvements or structures customarily regarded as the land.

Landscaping. Landscaping is a type of open space permanently devoted and maintained for the growing of shrubbery, grass, other plants and decorative features to the land.

Land Disturbance. Any activity involving the clearing, grading, transporting, filling, and any other activity which causes the land to be exposed to the danger of erosion. Agricultural activities such as planting, growing, cultivating, and harvesting of crops; and the growing and tending of gardens shall not be considered herein.

Land Disturbance Permit. A certificate issued by the City of Hardeeville to perform work pursuant to an approved Erosion and Sediment Control Plan in an approved subdivision/development plan or single family residential unit where an approved stormwater management plan has not been approved as part of an overall subdivision/development, prepared under the provisions of this section.

Loading Space, Off-street. Space logically and conveniently located for pickups and deliveries off public right-of-way, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. It includes overflow parking for manufactured home parks.

Lot. An area designated as separate and distinct parcel of land on a legally recorded subdivision/development plat or in a legally recorded deed as filed in the official records of Jasper County, South Carolina. The terms "lot", "plat", "lot of record", "parcel", "property", "site", or "tract" whenever used in this Ordinance, are interchangeable.

Lot, Corner. A lot which occupies an interior angle of less than one hundred thirty-five (135) degrees, formed by the intersection of two (2) streets or a street and an accessway.

Lot, Double Frontage. A lot which has frontage on more than one (1) street, provided, however, that no corner lot shall qualify as a double frontage lot unless said corner lot has frontage on three (3) or more streets.

Lot, Interior. A lot, other than a corner lot, which has frontage on only one (1) street other than an alley.

Lot Depth. The mean horizontal distance between front and rear lot lines.

Lot Frontage. See "Frontage" in this Section.

Lot of Record. See "Lot" in this Section.

Lot Width. The distance between side lot lines that is parallel to the front lot line and located the minimum exterior setback distance from the front lot line.

Maintenance. For purposes of the erosion control and stormwater management regulations of this Ordinance (Section 4.9), any action necessary to preserve stormwater management facilities in proper working condition, in order to serve the intended purposes set forth in this section and to prevent structural failure of such facilities. Maintenance shall not include actions taken solely for the purpose of enhancing the aesthetics of stormwater management facilities.

Major Street. See "Street, Arterial" in this Section.

Manufactured Home. A vehicle or structure that is designed to be moveable on its own chassis for conveyance on public thoroughfares and designed without a permanent foundation. A manufactured home may consist of one (1) or more components that can be disassembled for towing purposes or two (2) or more units that can be towed separately, but designed to be attached as one (1) integral unit). All manufactured homes produced since June 15, 1976, must have been inspected and certified during the manufacturing process, and display an emblem of approval certifying that it was built in compliance with the Federal Manufactured Housing Construction and Safety Code on the manufactured home. The definition of manufactured homes does not include "modular residential housing", as defined within the South Carolina Modular Buildings Construction Act, nor does it include motor homes or recreational vehicles." Mobile Home." Any vehicular or similar portable structure in excess of thirty (30) feet in length having wheels, jacks, or skirting and so designed or constructed as to permit single-family occupancy for dwelling or sleeping purposes. The term "mobile home" includes the term "house trailer" and "double-wide".

Marquee. A permanently roofed architectural projection, whose sides are vertical and are intended for the display of signs, which provides protection against the weather for the pedestrian, and which is supported entirely from an exterior wall of a building.

Mobile Home Park. Premises where two or more mobile homes are parked for living or sleeping purposes, or where spaces are set aside or offered for sale or rent for the use of mobile homes for living or sleeping purposes, including any land, building, structure, or facility used by occupants of mobile homes on such premises.

Mobile Home Space. A plot of ground within a mobile home park designed for the accommodation of one (1) mobile home.

Motel. See "Hotel" in this Section.

Net Density/Net acreage. That acreage which remains after the deduction of easements for roads, utilities and ditches, including wetlands and marshes, and open space. View easements shall not apply to net developable acre. Where easements exist on the whole parcel, the exact easement dimensions shall be determined and subtracted, such as power line right of way, ditch right of way, or road widths, or the easement for the total parcel must be released before the parcel can be developed.

New Construction. For purposes of the erosion control and stormwater management regulations of this Ordinance (Section 4.9), structures for which the first placement of permanent construction commenced on or after the effective date of this section.

Nonconforming Use. A structure or land lawfully occupied by an existing use which does not conform with the permitted uses for the Zoning District in which it is situated either at the date of this Ordinance or as the result of subsequent amendments to this Ordinance.

Official Flood Plain Maps. A map or series of maps, officially adopted by the city council, delineating the flood prone areas and coastal high hazard areas of the city.

One hundred year flood elevation. That elevation of land, measured from mean sea level, which has a one (1%) percent chance of being reached each year as a result of flooding conditions usually accompanying a hurricane.

On-Site Stormwater Management. The design and construction of a stormwater management facility within and for a single development.

Parcel. See "Lot" in this Section.

Parking Lot. Any off-street public or private open area used for the express purpose of parking automobiles and other vehicles, with the exception of areas on the premises of single-family dwellings used for parking purposes incidental to the principal use. Otherwise, parking lots may be the principal use on a given lot or an accessory used in the principal use on a given lot.

Parking Space. Parking spaces as defined in this Ordinance shall be considered as the absolute minimum amount of spaces required. They shall encompass an area of not less than twenty (20) feet in length and ten (10) feet in width and shall be clearly defined as an area for the parking of automobiles and shall remain as open space and shall not be used for any other purpose. Area required for the maneuvering of vehicles within a parking lot or vehicular travel lanes necessary for such maneuvering shall not be considered as a suitable area for parking spaces. The Planning Director may require that off-street parking arrangements be designed and certified by a licensed engineer, and may also allow for the reduction of the minimum dimensions required for clearly defined compact car parking for a total of spaces which do not exceed twenty-five (25%) percent of the required amount for a particular use in a given District.

Person. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate or governmental entity, or their legal representative agents or assigns.

Planned Development District. A development usually consisting of more than one type of land use comprising detached, some-detached, attached, single or multistoried dwellings including a mix of residential, recreational, limited convenience commercial, cultural and common open space areas.

Planning Commission. See Article 6 in this Ordinance.

Plat. A document, prepared by a registered surveyor or engineer, that delineates property lines and shows monuments and other landmarks for the purpose of identifying property for legal purposes.

Porch, Front. A roofed area, attached at the ground floor level or first floor level, and to the front of building, open except for railings and support columns.

Premises. A lot or other tract of land including the buildings or structures thereon.

Primary Drainage Channel. A drainage channel, stream or creek draining an area of three hundred (300) acres or more.

Property. See "Lot" in this Section.

Public Nuisance. The following conditions constitute a public nuisance: (a) Any condition that constitutes a breeding ground or harbor for rats, mosquitoes, harmful insects, or other pests. (b) Any open place containing a concentration of combustible items such as mattresses, boxes, paper, automobile tires and tubes, garbage, trash, refuse, brush, old clothes, rags, or any other combustible materials or objects of a like nature. (c) Any open place containing a collection of garbage, food waste, animal waste, or any other rotten matter of any kind. (d) Any open place containing furniture, appliances, or metal products of any kind or nature which have jagged edges of metal or glass, or areas of confinement. (e) Any condition which blocks, hinders, or obstructs in any way the natural flow of streams, creeks, surface water, ditches, or drains, to the extent that the blockage, hindrance, or obstruction creates standing or stagnant water. (f) Any activity designated a public nuisance under state law or elsewhere in the Hardeeville Code of Ordinances.

Public Right-of-Way Line. The line where the property meets the public right-of-way at a public street or public waterway, provided that this definition shall not include unimproved alleys, easements or other similar dedicated uses.

Public Way. Any street, highway, road, path or right-of-way, whether privately or publicly-owned, which is designed, or used for vehicular or pedestrian traffic either by public right or custom, or by invitation of two (2) or more common owners.

Regional Stormwater Management. The design and construction of a stormwater management facility that controls runoff from more than one (1) development.

Regulatory Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one (1) foot, as identified on an official Flood Insurance Rate Map or other available information.

Residence. See "Dwelling" in this Section.

Retention Structure. A permanent structure whose primary purpose is to permanently store a given volume of stormwater runoff.

Runoff. The portion of the precipitation on the land that reaches the drainage system.

Screening. A type of buffer that is designed to block or obscure a particular element or use from view. See also "Bufferyard" in this Section.

Secondary Drainage Channel. A drainage channel, stream or creek draining an area less than three hundred (300) acres in size.

Sedimentation. The process of forming and depositing of suspended matter carried in suspension in water through the action of gravity. It is usually accomplished by reducing the velocity of the water below the point where it can transport the suspended material.

Service Station. See "Automobile Service Station" in this Section.

Signs. The following definitions refer to the sign standards in Article 8, Signs.

Abandoned Sign. A permitted sign which was erected on property in conjunction with a particular use which use has been discontinued for a period of thirty (30) days or more, or a permitted temporary sign for which the permit has expired.

Administrator. That person designated by the City Manager to administer and enforce the provisions of Article 8.

Back-to-Back Sign. A sign constructed on a single set of supports with messages visible on any side, provided that double message boards are physically contiguous.

Banners, Pennants and Balloons. Any animated rotating, fluttering or non-stationary device made of flexible materials designed to attract attention.

Billboards. Billboards are outdoor signs which advertise firms, organizations, goods, products, or services which are not located on the same premises as the sign and which are sold, rented, owned, or leased for the display of advertising messages.

Canopy. A structure constructed of rigid materials, including, but not limited to, metal, wood, concrete, plastic, canvas or glass which is attached to and supported by a building or by columns. poles or braces extended to the ground.

Canopy Sign. A sign which is suspended from, attached to, supported from or forms a part of a canopy.

Changeable Copy Sign. A sign on which message copy is changed manually in the field, through the utilization of attachable letters, numbers, symbols and other similar characters or changeable pictorial panels.

Commercial or Industrial Center. Two (2) or more separate occupancies located within the same or adjacent building or buildings on the same commercial or industrial plat of record.

Dilapidated Sign. Any sign which is structurally unsound, has defective parts or it in need of painting or maintenance.

Directional Sign.

1.

A sign, permanently erected or permitted in the public right-of-way or private property by the City, state, or other governmental agency to denote the name of any thoroughfare; the route to any city, village, educational institution, public building, historic place, shrine or hospital; to direct and regulate traffic; to denote any railroad crossing, bridge, ferry or other transportation or transmission company for the direction or safety of the public.

2.

A sign, notice or symbol for the information of the Federal Aviation Agency as to locations, directions, landings and conditions, affecting safety in aviation.

3.

An on-premises temporary sign which contains information regarding the time and place of regular meetings of civic or religious groups.

Directory Sign. A sign listing only the names and/or use, or location of more than one (1) business, activity or professional office conducted within a building, group of buildings or commercial center.

Double-Faced Sign. A sign containing two (2) faces which are usually, but not necessarily, parallel.

Easel Sign. A sign or message board displayed on a portable open frame the outline of which (the frame) is roughly pyramidal in shape.

Electrical Sign. A self-illuminated sign or sign structure in which electric wiring, connections and/or fixtures are used as part of the sign property.

Existing Sign. Any sign that was erected, mounted or displayed prior to the adoption of this Ordinance.

Fai?1/21/21/21/21/21/21/21/2ade. The entire building wall, including main street wall face, and parapet, fascia, windows, doors, canopy and roof on any complete elevation.

Fixed Projecting Sign. A sign, other than a flat sign, which extends outward for more than eight (8) inches from the facade of any building and is rigidly affixed thereto.

Flashing Sign. Any lighted or electrical sign which emits light in sudden transitory bursts.

Flat Sign. A sign erected parallel to and extending not more than twelve (12) inches from the facade of any building to which it is attached and supported throughout its entire length by the facade of the building and not extending above the building.

Freestanding Sign. A sign supported by a sign structure secured in the ground and which is wholly independent of any building, fence, vehicle or other support.

Frontage Wall Face. The building facade, excluding parapet, fascia, soffit, mansard and roof, which faces a frontage of the premises.

Height of Sign. The vertical distance measured from the average elevation of the nearest road centerline to the top of the sign face or sign structure, whichever is greater.

Ground Sign. A detached on-site sign built on a freestanding frame, mast or pole(s).

Illuminated Sign, External. Any sign which is directly lighted by an external source.

Illuminated Sign, Internal. Any sign which transmits light through its face or any part thereof.

Inflatable Sign. A sign that is either expanded to its full dimensions or supported by gasses contained within the sign, or sign parts, at a pressure greater than atmospheric pressure.

Ingress/Egress Sign. A sign which designates only the direction of ingress or egress of a parking area or driveway, such as "In," "Out," "One-Way," "Do Not Enter" or "No Exit."

Management Control Plan. A legally binding agreement, recorded in the land records of Jasper County, which binds the owner of a lot or parcel that is part of a commercial or industrial development to control the signage as approved by the management authority under the agreement.

Moving Message Board. Any electrical sign having a continuous message flow across its face by utilization of lights or other electrical impulses forming various words or designs, such as a time and temperature sign.

Nonconforming Sign. Any sign which has a valid permit, was erected or displayed prior to the effective date of this Ordinance or any subsequent amendment hereto and does not conform with any provision of this Ordinance.

Occupancy. Any use of or activity upon the premises.

Off-Premises Sign. Any sign located or proposed to be located at any place other than within the same platted parcel of land on which the specific business or activity being promoted on such sign is itself located or conducted. For purposes of this Article, easements and other appurtenances shall be considered to be outside such platted parcel of land and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off-premises sign.

On-Premises Sign. Any sign located or proposed to be located at any place, if otherwise permitted by Article 8, within the plat of record for the business or other activity identified on such sign.

Painted Wall Sign. A sign painted directly on any exterior building wall or door surface, exclusive of window and door glass areas on any outside wall or roof or on glass of any building.

Panel. The primary surface of a sign upon which the message of the sign is carried.

Parapet. A vertical false front or wall extension above the roof line.

Pennant. See definition of banners, pennants and balloons.

Permitted Sign. A sign for which a valid permit has been issued.

Political Sign. A sign erected by a political candidate, group or agent thereof, for the purpose of advertising a candidate or stating a position regarding an issue upon which the voters of the City shall vote.

Portable Sign. Any sign which is not permanently affixed to a building, structure or the ground, or which is attached to a mobile vehicle.

Premises. The plat of record which is affected either directly or indirectly by the contents of this Ordinance.

Project Sign. Any sign erected and maintained on the premises temporarily while undergoing construction by an architect, contractor, developer, finance organization, subcontractor or materials vendor upon which property such individual is furnishing labor, services or material.

Real Estate Sign. A temporary sign erected by the owner, or his agent, advertising the real property upon which the sign is located for rent, for lease or for sale.

Roof. The exterior upper covering of the top of a building.

Roof Sign. A sign erected over or on, and wholly or partially dependent upon, the roof of any building for support, or attached to the roof in any way.

Rotating Sign. Any sign which revolves around one (1) or more fixed areas.

Sandwich Board Sign. A portable sign shaped like an A-frame with a sign panel on one (1) or both sides where the sign panel is integral to the structure of the sign.

Seasonal/Holiday Sign. A sign used for emphasizing the celebration of a historic American holiday, which is erected for a limited period of time.

Sign. Any device or representation for visual communication that is used for the purpose of bringing the subject thereof to the attention of others which is located on or attached to premises, real property, structures on real property or a vehicle.

Sign Concept Plan. A plan required before the City can issue a permit, (1) for certain commercial or industrial zoned sites where the total area of Signs is greater than 800 square feet; or (2) for more than one commercial or industrial zoned site developed under a Management Control Plan, if the total area of Signs on one or more of the sites is greater than 800 square feet, or (3) for optional method development projects within an approved Planned Development District. The plan consists of scale drawings of the site delineating the location, dimensions, colors, shape, and architectural characteristics of all Signs.

Sign Face. The part of the sign that is or can be used to identify, advertise, communicate information or for visual representation which attracts the attention of the public for any purpose. Sign face includes any background material, panel, trim, color and direct or self-illumination used that differentiates the sign from the building, structure, backdrop surface or object upon which or against which it is placed. The sign structure shall not be included as a portion of the sign face provided that no message, symbol or any of the aforementioned sign face criteria are displayed on or designed as part of the sign structure.

Sign Related Activity. An activity such as installation, maintenance, alteration, repair, or modification of a Sign intended for use by others. A person or organization, may engage in these activities without a license, however, a review by the Administrator must be performed for Signs requiring permits to ensure that the Sign conforms with all aspects of Article 8.

Sign Structure. A supporting structure erected, used or intended for the purpose of identification or attracting attention, with or without a sign thereon, situated upon or attached to the premises, upon which any sign may be fastened, affixed, displayed or applied, provided however, this definition shall not include a building, fence, wall or earthen berm.

Sign, Area of. The square foot area enclosed by the perimeter of the sign face. With respect to signs which are composed of individual symbols, letters, figures, illustrations, messages, forms or panels, sign area shall be considered to include all lettering, wording, and accompanying designs and symbols together with the background on which they are displayed, any frame around the sign and any "cutouts" or extensions; but shall not include any supporting structure or bracing.

Sign, Limited Duration. A non-permanent sign that is displayed:

1.

On private property for more than thirty (30) days. A limited duration Sign is not intended to be displayed for an indefinite period; or

2.

Within the public right-of-way.

Sign, Location. A Sign which portrays a logo, symbol, name, or address to identify the location of the building or use.

Sign, Permanent. A Sign that is constructed in a manner and of materials that will withstand long-term display and is intended to be displayed for an indefinite period of time. A permit must be obtained from the Director for a permanent Sign.

Sign, Portable. A Sign installed on a support or structure that permits removal or relocation of the Sign by pulling, carrying, rolling, or driving, such as a Sign with wheels; a menu or sandwich board Sign; an inflatable Sign; an umbrella, but not a canopy Sign, may be a temporary Sign or a limited duration Sign, but not a permanent Sign. A Sign attached or painted on a vehicle parked and visible from the public right-of-way is also bound by this division unless it is a currently licensed and registered vehicle used in the daily operation of the business. This does not include a Sign on a commercial vehicle which is operated within the public right-of-way.

Stationary Portable Sign. This includes sandwich-board signs, easel signs, and other signs resting on or attached to a stand, piece of furniture, or other object.

Swinging Sign. A sign installed on an arm, mast or spar that is not, in addition, permanently fastened to an adjacent wall or upright pole.

Temporary Sign. Any sign or information transmitting structure intended to be erected or displayed for a limited period.

Time and Temperature Sign. An electrical sign utilizing lights going on and off periodically to display the current time and temperature in the community.

Traffic Direction/Safety Sign. A sign which is on-premises consisting of type and/or an arrow and is designed, sized and erected solely for the purpose of vehicular or pedestrian traffic direction or safety. The sign will have no advertising words or phrases.

Vehicle Sign. A permanent or temporary sign affixed, painted on or placed in or upon any parked vehicle, parked trailer or other parked device capable of being towed, which is displayed in public view under such circumstances as to location on the premise, time of day, duration, availability of other parking space on the premises where it is loaded, unloaded or otherwise carries out its principal function, which circumstances indicate that the primary purpose of the display is to attract the attention of the public rather than to serve the business of the owner thereof in the manner which is customary for the vehicle.

Wall Sign. Any Sign that is attached to the wall of a building. There are two (2) types of wall signs:

Flat Wall Sign. A Sign that is parallel to the wall of a building to which it is attached, but does not extend more than twelve (12) inches from the building face.

Projecting Wall Sign. A Sign that is attached to a wall of a building and extends more than twelve (12) inches from the building face.

Window Sign. Any sign which is painted on, applied to, attached to or projected upon or within the exterior or interior of a building glass area, including doors, or located within fifteen (15) feet of the identification, message, symbol, insignia, visual representation, logotype, or any other form which communicates information, can be read from off-premises contiguous property or public right-of-way.

Window Sign, Temporary. A window sign of a temporary nature used to direct attention to the sale of merchandise, or a change in the status of the business, including, but not limited to, sign for sales, specials going out of business, and grand openings.

Silviculture. The care and cultivation of forest trees as defined in state statutes and regulations.

Site. See "Lot" in this Section.

Special Exception. A condition which the literal interpretation of the MZDO would not be appropriate for location generally or without restriction throughout a given Zoning District, but which, if controlled as to number, area, location, or relation to the neighborhood, would in the opinion of the Zoning Board of Appeals, promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare of the community.

Storm Drainage Design Standards. The manual of design, performance, and review standards for stormwater management, prepared under the direction of the City Engineer.

Stormwater Design Plan. The set of drawings and other documents comprising all of the information and specifications for the drainage systems, structures, concepts and techniques used to control stormwater as required by this section and the Storm Drainage Design Standards. Also included are the supporting engineering calculations and results of any computer analysis.

Stormwater Management. The collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner to minimize channel erosion, flood damage, and/or degradation of water quality and in a manner to enhance and insure the public health, safety, and general welfare.

Stormwater Management Facilities. Structures and man-made features designed for the collection, conveyance, storage, treatment and disposal of stormwater runoff into and through the drainage system. Stormwater management facilities include vegetative or structural measures, or both, to control the increased volume and rate of stormwater runoff caused by manmade changes to the land.

Stormwater Runoff. The direct response of a watershed to precipitation, including surface and subsurface flows resulting from precipitation.

Stoop. A small platform and/or entrance stairway at an exterior door, commonly covered by a secondary roof or awning.

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is not floor above it, then the space between the floor and ceiling next above it.

Story, Half. A story in which one (1) or more exterior walls intersection a sloping roof not more than two (2) feet above the floor of such story.

Street. A dedicated public way or private way for vehicular traffic, whether designated as an avenue, boulevard, thoroughfare, road, highway, expressway, lane, drive, alley or any other public or private way.

Street, Arterial. A street designed to carry large volumes of traffic and providing for efficient vehicular movement between large areas of the City.

Street, Collector. A street carrying traffic from local streets to the major system of arterial streets and highways and including the principal entrance streets to a residential development and principal streets for circulation within such a development.

Street, Frontage. The public right-of-way, which serves as primary access to a property.

Street, Local. A street used primarily for access to abutting properties.

Street, Private. Any newly created street is a private street unless: (a) Its right-of-way has been legally dedicated to the state, the county or municipality; and (b) The appropriate public body has accepted the street for the purpose of maintaining it.

Street Centerline. That line surveyed and monumented by the governing body shall be the centerline of a street. In the event that no centerline has been so determined, it shall be that line running midway between and parallel to the general direction of the outside right-of-way lines of such streets.

Structure. Anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground, including, but not limited to, storm sewer infrastructure, manufactured homes, gas or liquid storage tanks, fences, tennis courts, swimming pools, and buildings.

Subdivider. Any person or other legal entity subdividing land within the jurisdiction of this Ordinance.

Subdivision. The division of a tract, parcel or lot into two (2) or more lots or building sites, or other divisions for the purpose, whether immediate or future, of sale, lease, legacy, or building development, including all divisions of land involving a new street or being land which is adjacent to an existing street. The following are exceptions to the definition: (a) The combination or re-combination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the County and/or any zoning regulations pertaining to minimum lot size for the particular land to be divided; (b) The division of land into parcels of five (5) acres or more where no new street is involved.

Substantial improvement. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure prior to the improvement.

Surveyor. A registered land surveyor in good standing with the state board of engineering examiners.

Technical Representative. South Carolina Registered Professional Civil Engineer, responsible for sealing Stormwater Management Plan(s).

Townhouse. See "Dwelling, Townhouse" in this Section.

Tourist Home (Bed-and-Breakfast). A dwelling in which sleeping accommodations in less than ten (10) rooms are provided or offered for the use of guests in return for compensation, and meals may or may not be offered. Any dwelling in which such accommodations are offered in ten (10) or more rooms shall be deemed to be a hotel as herein defined. The use of dwelling as a tourist home shall not be considered an accessory use nor a customary home occupation.

Tract. See "Lot" in this Section.

Trailer. Any vehicle or structure capable of moving, or being moved, over streets and highways on its own wheels or on flat beds or other carriers, which is designed or utilized to: 1) provide temporary or permanent quarters for the conduct of a business, profession, trade or occupation; 2) serve as a carrier of people, new or used goods, products or equipment; 3) be used as a selling, advertising or display device.

Trailer, House. See "Manufactured Home" in this section.

Use, Principal. The primary purpose for which a lot is occupied and/or used.

Variance. A modification of the terms of this Ordinance granted by the Zoning Board of Appeals where such modification will not be contrary to the public interest, and where, owing to conditions peculiar to the property and not as the result of any action on the part of the property owner, a literal enforcement of the Ordinance would result in unnecessary and undue hardship, and where such modification will not authorize a principal or accessory use of the property which is not permitted within the Zoning District in which the property is located. Hardships shall not be construed so as to include financial burdens or hardships that are created by the landowner or developer of the particular property.

Vegetation. All plant growth, including trees, shrubs, grasses, and mosses.

Water Quality. Those characteristics of stormwater runoff that relate to the physical, chemical, biological, or radiological integrity of water.

Waters. For the purpose of identifying NPDES stormwater permit "point discharges", waters means surface waters, within Hardeeville's jurisdictional boundaries.

Waters of the State. Refer to the State of South Carolina Department of Health and Environmental Control, Regulation R.61-9.122, Part A, Section 122.2

Watershed. The drainage area contributing stormwater runoff to a single point.

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

Yard, Front. A yard situated between the front building line and the front lot line extending the full width of the lot.