The following rules shall apply for construing or interpreting the terms and provisions of this Ordinance.

Table 16-10-104, Abbreviations, includes the abbreviations and their corresponding terms as used in this Ordinance.

(Revised 11-4-2020 - Ordinance 2020-26)

Terms defined in this section shall have the meanings stated in the definition of the term.

Abutting

The condition of two or more adjoining parcels of land having a common property line or boundary, including cases where two or more parcels of land join at a corner. Parcels of land that are separated by a street or alley are not abutting.

Access

The right or ability of pedestrians, vehicles, and boats to enter and leave property.

Accessory Structure

A building or structure subordinate and incidental to, and located on the same lot with, a principal building and use, the use of which is customarily found in association with and is clearly incidental to that of the main building or to the use of the land, and which is not attached by any part of a common wall or roof to the principal building.

Adjacent

A parcel of land or development site that shares all or part of a common lot line or boundary with another parcel of land, or a parcel of land that would abut another parcel of land, but for the fact a street or right-of-way divides the parcels.

Adopted Traffic Service Level Standards

See Sec. 16-5-106.C. Traffic Impact Analysis Plan Standards.

Agricultural Activity

For purposes of stormwater management, any activity directly related to: (a) the production of crops, dairy products, poultry, or livestock; (b) the cultivation or harvesting of trees; or (c) fish farms.

Airport Runway Primary Surface Area

A surface longitudinally centered on the runway which extends beyond the runway. The width and length of the primary surface area are set forth in Sec. 16-3-106.E.3, Delineation of the District. The elevation of any point on the primary surface area is the same as the elevation of the nearest point on the runway centerline.

All-Weather Driving Surface

A driving surface capable of supporting the imposed load of fire apparatus weighing at least 60,000 pounds.

Amenity

A natural or man-made feature which enhances a particular property.

Applicant

A person who has submitted an application for review under applicable provisions of this Ordinance.

Application

The completed form or forms and all accompanying documents, exhibits, and fees required by this Ordinance to be submitted as part of the review of a request for a development permit or approval.

Archaeological Resource or Archaeological Site

Place of past human settlement or activity, where archaeological remains are present, whether known, suspected, or unknown. Sites vary in size and use; examples include burial and campsite (e.g., for temporary hunting or fishing), quarry, mine, industry, fort, pueblo, or rock shelter.

Area Median Income (AMI)

The median income level for Beaufort County, as established and defined in the annual schedule published by the Secretary of the U.S. Department of Housing and Urban Development, (HUD), adjusted for household size.

As-Built Survey

A plat prepared by a South Carolina registered land surveyor that accurately identifies and depicts a parcel of land and shows the location of all boundaries, easements, and on-site improvements—including, but not limited to, all structures, parking facilities, utilities, and stormwater detention/retention areas.

Authorized Agent

A person with express written consent to act upon another's behalf.

Average Daily Traffic (ADT)

The number of vehicles passing a point on a street during a 24-hour period, usually calculated as the average of two or more days of traffic, and based on trip generation rates taken from the latest edition of the Institute of Transportation Engineers Trip Generation Manual (ITE Manual).

Base Flood Elevation

See Sec. 16-10-102.C.3, Base Flood Elevation.

Beach

That area of unconsolidated material that extends landward from the mean low water line to the place where there is a marked change in material or physiographic form, or to the line of permanent vegetation (usually the effective limit of storm waves).

Beach Nourishment (also Beach Renourishment)

A process by which sand lost through longshore drift or erosion is replaced from sources outside of the eroding beach.

Beachfront Line

Beachfront Line shall have the same location as the 1999 OCRM Baseline. The South Carolina State Plane coordinates which bound the 1999 OCRM Baseline are the same as those utilized to locate the Beachfront Line.

Best Management Practice (BMP)

A practice, facility, or site improvement—or a combination of practices, facilities, or site improvements—that is generally accepted by professionals in the field to be an effective and practical means (technological, economical, and institutional) of preventing or reducing the amount of pollution generated by nonpoint sources of stormwater runoff. Examples of BMPs include, but are not limited to, detention ponds, sediment basins, filter strips, and buffer zones. Although BMPs may be identified and described in various documents, the Storm Water Management BMP Handbook published by the South Carolina Department of Health and Environmental Control is an example of such a document pertinent to Hilton Head Island.

Bike Lane

A corridor expressly reserved for bicycles that exists on a street roadway in addition to any lanes for use by motorized vehicles.

Board of Zoning Appeals

The Town of Hilton Head Island Board of Zoning Appeals. See Appendix A-3, Board of Zoning Appeals.

Building

Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any person, commercial or business activity, process, equipment or goods. Each portion of a building separated from other portions by a firewall shall be considered as a separate building.

Building Code

The latest edition of the International Building Code (IBC), International Mechanical Code, International Energy Efficiency Code, International Plumbing Code, International Fuel Gas Code, and International Residential Code as adopted by the South Carolina Building Codes Council.

Building Permit

A permit issued by the Town in accordance with the Building Code then in effect, and this Ordinance.

Building, Principal

A structure on or in which the main or primary use of the lot is conducted, as contrasted to an accessory building in which uses subordinate to the primary use are conducted.

By Right

Land uses that are permitted in a zoning district without being subject to use-specific conditions or requiring approval of a Special Exception.

Capital Improvements Program

The plan for public capital improvements within the Town which has most recently been approved by the Town Council.

Change of Use

A change in the use of a structure or land. Change of use shall include a change from one use type to another use type.

Changeable Copy

Any copy or graphics on a sign designed to be changed manually or electronically.

Circuit Court

The Court of Common Pleas for Beaufort County, South Carolina.

Clerk of Circuit Court

The Clerk of the Court of Common Pleas for Beaufort County, South Carolina.

Coastal High Hazard Area

A velocity (v) zone as shown on flood insurance rate maps (FIRM) prepared by the Federal Emergency Management Agency (FEMA). Alternately, a flood hazard area subject to high velocity waters. (See also "Flood Hazard District").

Coastal High Velocity Area

See "Coastal High Hazard Area."

Coastal Receiving Waters

The navigable waters of the United States subject to the ebb and flood of the tide and which are saline waters, shoreward to their mean high-water mark.

Common Open Space

Any part of a development site that is not utilized for single-family lots, rights-of-way, streets, commercial structures, multifamily structures, and parking and loading areas. The following are included in the definition of common open space: golf courses, tennis courts, areas for other court games, swimming pools, pedestrian and bicycle paths, equestrian trails, play fields, picnic areas, horse stables, places for people to gather, and passive recreation areas.

Comprehensive Plan

The Comprehensive Plan for the Town of Hilton Head Island, as amended, including the Transportation Element of said plan and other such adopted supplements.

Conditional Use

A use that is permitted subject to listed conditions.

Construction

The erection of any building or structure or any preparations (including land disturbing activities) for the same.

Construction/Storage Trailers

A temporary mobile unit located at a development site to be used for construction, storage, or sales purposes.

Contiguous

Directly or immediately adjacent to a boundary or separated only by a street or public utility right-of-way.

Copy

Any letters, numerals or characters used in any combination and displayed on a sign.

Corner Lot

A lot abutting two or more streets at their intersection, where the interior angle of the intersection does not exceed 120 degrees.

County

Beaufort County, South Carolina.

Critical Facility

A structure or other improvement that, because of its function, size, service area, or uniqueness, has the potential to cause serious bodily harm, extensive property damage, or disruption of vital socioeconomic activities if it is destroyed or damaged or if its functionality is impaired. Critical facilities include but are not limited to health and safety facilities, utilities and government facilities.

Cul-de-Sac

A street with only a single means of ingress or egress leading to a turnaround at the end.

Delivered

A document, notice or other item shall have been delivered upon the earliest of the following:

1.

The item is given to the intended recipient by personal hand delivery to the applicant or authorized representative; or,

2.

The item is deposited into the United States Mail, with the postage required by the form of the mailing (i. e., first class mail, certified mail, return receipt requested), in which case the item is deemed to have been delivered as of the date of the post mark.

Delivery

A transfer of the possession of an object, property, or document to another.

Density

See Sec. 16-10-102.B.1, Density.

Density Bonus

An increase in the number of units permitted on the site in order to provide an incentive for the construction of workforce housing.

Design Review Board

The Town of Hilton Head Island, Design Review Board. See Appendix A-4, Design Review Board.

Detention

The collection and storage of surface water for subsequent controlled discharge at a rate that is less than the rate of inflow. (See also "retention.")

Developer

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or any other person having an enforceable proprietary interest in such land.

Development

The use of a structure or land; or the construction, reconstruction or alteration of a structure; or an increase in land use intensity; or filling, excavating or dredging a parcel or intertidal or underwater land; or a change in effects or conditions of a site; or the alteration of a shore, bank or floodplain; or the construction or extension of a utility; or the subdivision of land.

Development Agreement

An agreement entered into by the Town in accordance with Sec. 6-31-10, et seq. of the S.C. Code of Laws.

Diameter at Breast Height (DBH)

The diameter of a tree four and one-half (4.5) feet above ground level.

Disaster

Any occurrence of widespread or severe damage, injury, or loss of life or property resulting from a natural, technological, or national security incident, including but not limited to earthquake, explosion, fire, flood, high water, hostile military action, hurricane, landslide, mudslide, storm, tidal wave, tornado, or wind-driven water, when a State of Emergency is declared by the Mayor in accordance with Section 7-7-20 of the Municipal Code.

Drainage Basin

A drainage area or watershed contributing to the flow of stormwater runoff into a receiving body of water.

Drive Aisle

A vehicular accessway within a parking bay providing direct ingress and egress to adjacent individual parking spaces. Drive aisles include extensions of such accessways that connect adjacent parking bays.

Drive-Through

An accessory facility designed to enable a motorist to drive up to a window or service point and quickly transact business or obtain services, products, or goods while remaining in the motor vehicle. Drive-throughs can be accessory to restaurants, banks, pharmacies, laundromats, and ATMs.

Driveway

A vehicular accessway providing ingress and egress to a vehicle parking area (including a garage or carport), loading area, or maneuvering area on a lot from a street or another driveway.

Driveway, Service

A private driveway providing access for vehicles to a dumpster or something similar.

Dune Boardwalk

A pedestrian walkway constructed of (generally wood) planking that crosses a dune system to the beach. Boardwalks may also be used for bicycle traffic.

Dune or Dune System

One or a series of hills or ridges of wind-blown sand exhibiting varied topography, but generally running parallel to the beach, or one or a series of hills or ridges of sand resulting directly or indirectly from beach restoration or beach renourishment. Dunes may or may not be anchored by vegetation (e.g., sea oats) and are in the vicinity of the beach.

Dwelling

A building or part of a building designed and occupied exclusively for residential purposes by an individual or family unit, together with permitted accessory uses.

Dwelling Unit (DU)

A building or a portion of a building providing complete and independent living facilities for a family, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Earth Tones

Colors listed as such in the Town of Hilton Head Island Design Guide.

Easement

An interest in land of another that entitles the holder to a specified limited use.

Electric Vehicle (EV)

A vehicle that operates, either partially or exclusively, on electric energy stored in the vehicle's batteries. "Electric vehicle" includes a vehicle operating exclusively on electrical energy from its batteries (battery electric vehicle, or BEV), or a vehicle that is powered by both an internal combustion engine and an electric motor operating on electrical energy from on-board batteries charged primarily through connections to the electric grid or other off-board electrical source (plug-in hybrid electric vehicle, or PHEV).

Electric Vehicle (EV) Level 1 or 2 Charging Station

An electric vehicle (EV) level 1 or 2 charging station is a vehicle parking space that is served by an electrical component assembly or cluster of component assemblies (battery charging station) designed and intended to transfer electric energy, by conductive or inductive means, from the electric grid or other off-board electrical source to a battery or other energy storage device within an electric vehicle. A Level 1 charging station is a slow charging station that typically operates on a 15- or 20-amp breaker on a 120-volt Alternating Current (AC) circuit. A Level 2 charging station is a medium charging station that typically operates on a 40- to 100-amp breaker on a 208- or 240-volt Alternating Current (AC) circuit.

Expansion

An increase in the gross floor area of an existing structure or building, or the increase of area or intensity of a use.

Facade

A structure's entire single elevation, including wall face, parapet, windows, doors, awnings, or canopies.

Factory Built Housing

A structure that is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities, designed for long term residential use. For the purposes of this LMO, factory built housing consists of two types: modular homes and manufactured homes. (See definitions of those terms in this Section.)

Fall Zone

The area in which a telecommunication tower may be expected to fall in the event of a structural failure, as measured by engineering standards.

Family

One or more persons who are related by blood, marriage, or adoption and living together as a single household unit in a dwelling unit—provided, however, that "family" also includes nine or fewer mentally or physically handicapped persons provided care on a 24 hour basis and living together as a single household unit in a dwelling unit, where such arrangement is approved or licensed by a state agency or department or under contract with the agency or department.

Family Compound

Single parcel of land with multiple dwelling units owned by one family defined for these purposes as spouse, parent(s), biological or legally adopted child(ren), group of persons related by blood, and descended from common ancestor (as in extended family).

Family Subdivision

Ownership of subdivided lots within a single-family, defined for these purposes as spouse, parent(s), biological or legally adopted child(ren), group of persons related by blood, and descended from common ancestor (as in extended family), without requiring the installation of supporting infrastructure.

Farmers' Market

A public market held in a structure or open area occasionally or periodically for only a limited time period during the year, where farmers primarily sell produce and other farm products they have grown, gathered, or raised directly to consumers.

Filling

Any activity that increases ground surface or substrate elevation—including, but not limited to, sedimentation and dumping.

Finish Grade

The elevation of land resulting from alteration as part of development activity. (See also "grade" and "pre-development grade.")

Flood

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or from rain.

Foot-Candle

A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle. A foot-candle is equal to one lumen per square foot, or 10.764 lux.

Frontage

The width in linear feet occupied by each separate business or other use or the width in linear feet of a lot that fronts on a street. Each building or lot front shall, for purposes of sign copy area allowed, be separately calculated.

Fully Shielded

Fixtures that are shielded in such a manner that light emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. This means that a fully shielded fixture is one used in a way that allows no direct or internally reflected light to shine above the fixture.

Gate

A movable frame or solid structure which swings, slides, or rolls controlling ingress and egress through an opening in a fence, wall, or vegetation.

Grade

See Sec. 16-10-102.C.4, Grade.

Grade, Finish

See Sec. 16-10-102.C.5, Grade, Finish.

Grade, Pre-development

See Sec. 16-10-102.C.6, Grade, Pre-development.

Graphics

For the purposes of Sec. 16-5-114, Sign Standards, any drawing, symbol, picture, motif, or logo displayed on a sign face.

Gross Floor Area

See Sec. 16-10-102.B.2, Gross Floor Area.

Ground Water

That portion of water below the ground surface that is under greater pressure than atmospheric pressure.

Hazardous Tree

A tree possessing physical faults that make the tree likely to fail, including, but not limited to rot in the tree's base, a leaning tree whose roots have heaved the soil, or a dead tree, along with the presence of an adjacent target.

Height

See Sec. 16-10-102.C, Height.

Home Occupation

Any use of principal and accessory buildings located within a residential area that is clearly incidental to their use for dwelling purposes and conducted for compensation by a resident thereof.

Household

One or more people who occupy (live in) the same dwelling.

Household Income

The aggregate total of income earned by every member of a household.

Housing Unit

See Dwelling Unit.

Impervious Cover

See Sec. 16-10-102.E.1, Impervious Cover.

Impervious Surface

See Sec. 16-10-102.E.2, Impervious Surface.

Improvement

The construction of buildings and the establishment of basic services and amenities associated with development, including, but not limited to streets and sidewalks, parking areas, water and sewer systems, drainage system, property markers and monuments, recreation facilities (i.e., lakes, swimming pools, tennis courts, golf courses, riding stables, club houses, cabanas, marinas, docks and the like) and other similar construction or establishment.

Interval Occupancy Unit

The "Accommodations" and "Facilities", as those terms are defined in S. C. Code Ann. § 27-32-10(1) and S. C. Code Ann. § 27-32-10(5) that are subject to any "Vacation Time Sharing Plan", as that term is defined in S. C. Code Ann. § 27-32-10(9).

Invasive Species

Non-native plants that are likely to spread, disrupting the natural balance of an ecosystem, often causing the loss of native species.

Land

The earth, water, and air, above, below, or on the surface, and including any improvements or structures customarily regarded as land.

Land Disturbing Activity

Any change of the land surface—including, but not limited to, removing vegetative cover, excavation, filling, grading, and the placement or construction of any improvement or structure.

Landowner

A person who holds legal title to a property or the authorized agent of such a person.

Larger Common Plan

A Larger Common Plan (LCP) is "broadly defined as any announcement or piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities may occur on a specific plot."

63 Federal Register No. 128, July 6, 1998, p. 36491

For example, if master calculations have been prepared and/or submitted for an entire site, then all phases and parcels at that site would be considered part of an LCP. If the site is part of a subdivision, industrial park, commercial park, etc., then it is considered to be part of an LCP.

Any land-disturbing activities, including clearing, grading or excavating, on any site considered part of a Larger Common Plan, based on the definition above, would be required to obtain coverage under the NPDES Construction General Permit even if the land-disturbing activities resulted in a disturbed area of less than one (1) acre.

Ldn

The A-weighted equivalent sound level for a 24 hour period with an additional 10 decibels (dB) imposed on the equivalent sound levels for night time hours of 10 p.m. to 7 am; expressed as dBA.

Legal Nonconformity

Any land use, development, structure, or site, including any lot of record, that was legally established, but that is not presently in full compliance with the provisions of this Ordinance.

Legal Protection

For the purposes of wetland mitigation regulations, a legally-binding agreement that specifically preserves a wetland mitigation area for a duration of time. Legal Protection includes, but is not limited to deed restriction, covenant, conservation easement, or gift to a conservation group or land trust.

Legally Established

Any land use, development, building, structure or site, including any lot of record, which was established, constructed, used or recorded pursuant to, and in conformance with all relevant requirements of the Ordinances then in effect.

Legally Maintained

As used in this Ordinance, the phrase "legally maintained" shall mean that any and all conditions, obligations, and requirements of any permit, development approval, or certificate of any description issued by Beaufort County, South Carolina, the Town of Hilton Head Island, the State of South Carolina, or other government entity shall have been met within the time frame, if any, required by such permit, approval, or certificate, or that the permit, development approval, or certificate has been fully executed according to its terms.

Level of Service (LOS)

A qualitative measure describing operational conditions within a traffic stream; generally described in terms of such factors as speed and travel time, freedom to maneuver, traffic interruptions, comfort and convenience, and safety.

Lock-Out Room

See "Divisible Dwelling Unit".

Lot

A legally described piece of contiguous land that has been or may be developed as a unit. This term is synonymous with "parcel."

Lot of Record

A lot that exists and is described and defined as part of a recorded subdivision plat or a lot otherwise recorded with the Beaufort County Register of Deeds before the date of the Town's adoption of subdivision regulations or subsequent to that date and in accordance with Town subdivision regulations applicable at the time of recordation.

Maintenance

Any activities required to assure successful restoration after a project has begun (i.e. erosion control, water level manipulations).

Manufactured Home

A factory-built, single-family structure that is manufactured under the authority of 42 USC Section 5401 and that is transportable in one or more sections, is built on a permanent chassis, but is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and does not have wheels or axles permanently attached to its body or frame.

Material

The adjective "material" as contained herein shall be construed to mean objective, substantive, tangible, and consequential.

Maximum Extent Practicable

No feasible or practical alternative exists, as determined by the Official, and all possible efforts to comply with the standards or regulation or minimize potential harmful or adverse impacts have been undertaken by an applicant. Economic considerations may be taken into account but shall not be the overriding factor determining "maximum extent practicable."

Mean High Water Line

That line which intersects with the shore representing the average height of high waters over an 18.5-year tidal cycle. Benchmarks purporting to have established mean high or low water values must be verified by Town Hall as meeting State and National Ocean Survey Standards.

Mobile Home

A transportable, factory-built structure that was manufactured prior to enactment of the federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC Section 5401) and that is designed to be used as a single dwelling unit.

Model Sales Home/Unit

A dwelling unit, or other marketable unit of a new development, that is used for real estate sales or leasing activities associated with the development pending construction of the development and the initial sales of homes or units in the development.

Modular Housing

Factory built housing constructed in accordance with the standards set forth in the South Carolina Modular Buildings Act, and bearing a label of compliance with the Act (Title 23, Chapter 43). Modular homes shall be subject to the same standards as site-built homes.

Motorized Watercraft

Any boat or other type vessel propelled by any type of electric, internal combustion or other type of engine.

Municipal Code

The Municipal Code of the Town of Hilton Head Island, South Carolina, 1983, as amended.

Natural Water Body

Any pond, lake, channel, wetland, marsh, creek, sound, or ocean which ordinarily or intermittently contains water and which has a discernible shoreline and is not the result of development.

Neighborhood

Sub-areas of the Town within which there are similarities in character, such as land use, development patterns, natural features or socio-economic attributes.

Net Acre

See Sec. 16-10-102.B.3, Net Acre.

Nonconforming Building or Structure

Any structure that fails to conform to any provision of this Ordinance, including height, bulk, setback from any lot line or from the street, building coverage, or building design. Also, any structure that fails to conform to any applicable provision of an approved Development Plan as to height, bulk, setback from any lot line or from the street, building coverage, building size, or building design.

Nonconforming Sign

Any sign that does not meet the standards of this Ordinance.

Nonconforming Site Feature

Any site feature or attribute—including but not limited to, parking, buffering, landscaping, screening of mechanical equipment, or walls and fences—that was legally established at the time of development, but that does not conform to all the standards and regulations of this Ordinance.

Nonconforming Use

Any activity using land, buildings, or structures that was legally established, but that fails to conform in any respect to an applicable use requirement set forth in this Ordinance.

Non-Contiguous Planned Unit Development (PUD)

Lands in more than one tract, not totally adjacent, or contiguous, that are controlled by one owner or one ownership entity, and are proposed for development as a PUD.

Nonprofit Organization

Any person, partnership, association, corporation, or other group whose activities are conducted for civic, or humanitarian motives, or for the benefit of others, and not for the gain of any private individual or group.

Notice of Violation

An initial notice from the Town indicating a violation of this Ordinance, not associated with a fine.

Official

The Town employee to whom the Town Manager has delegated the responsibility of administering and enforcing this Ordinance. See Appendix A-1, Official. The Official is the person referred to as zoning administrator in the South Carolina Local Government Comprehensive Planning Enabling Act of 1994 (S.C. Code Ann. § 6-29-310 et seq.).

Off-Site

Describing a location or an area of land which is not on-site; outside the lot or parcel that is the subject of a given land useapplication.

On-Site

On or within the area specified in a development permit application or within other areas that, in accordance with this Ordinance, may define the development site.

Open Space

See Sec. 16-10-102.E.3, Open Space.

Ordinance

A legislative enactment of the Town adopted in compliance with Section 2-7-40 of the Municipal Code.

Outdoor Display and Sale of Merchandise

The placement of products or materials for sale outside the entrance of a retail or wholesale sales establishment.

Outdoor Seasonal Sales

A temporary outdoor business enterprise that is conducted primarily outdoors and offers for retail sale items that, by their nature, are in particular demand during a relatively short peak season—including, but not limited to, Christmas trees, pumpkins, produce, and flowers.

Outdoor Storage

The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.

Overstory Tree

Trees that compose the top layer or canopy of vegetation.

Parcel

See "Lot."

Peak Hour

Both the AM and PM single hour on a weekday when the traffic volume reaches its maximum, measured for the AM peak hour between 7:00 a.m. and 9:00 a.m., and for the PM peak hour between 4:00 p.m. and 6:00 p.m.

Pedestrian Accessway

A walkway that provides pedestrian or bicycle passage either between streets or from a street to a building or other destination such as a school, park, or transit stop.

Person

A natural person, firm, partnership, association, social or fraternal organization, corporation, trust, estate, receiver, syndicator, branch of government, or any group or combination acting as a unit.

Planned Unit Development (PUD)

A tract or tracts of land that are developed in a comprehensive, design-integrated manner according to an overall Master Plan. Generally a PUD will be phased and consist of two or more types, densities, or intensities of development. See Sec. 16-2-103.D, Planned Unit Development (PUD) District.

Planning Commission

The Planning Commission of the Town of Hilton Head Island. See Appendix A-2, Planning Commission.

Pre-Development Conditions

Those conditions that existed before alteration, resulting from human activity, or the natural topography, vegetation and rate, volume or direction of surface or ground water flow as indicated by the best available historical data.

Premises

A lot, including the buildings or structures thereon.

Primary Dune

Any of the dunes that constitute the front row of dunes adjacent to the Atlantic Ocean.

Property Owner

A person who holds legal title to land.

Public Way

Any street, highway, road, pathway, internal and external sidewalk, beach, or waterway, whether privately or publicly owned, that is designed or used for outdoor vehicular, watercraft, or pedestrian traffic, either by public right or custom, or by invitation of one or more owners.

Quorum

The minimum number of Town Council, Planning Commission, Board of Zoning Appeals, or Design Review Board members that must be present in order to conduct official business or take official action.

Repair

The restoration to a good or sound condition of materials, systems, or components of a structure that are worn, deteriorated, or broken using materials or components identical to or closely similar to existing materials or components.

Right-of-Way

An area dedicated to public or private use for pedestrian and vehicular movement, which may also accommodate public utilities.

Roadway

That portion of a street improved, designed, or ordinarily used for vehicular and bicycle traffic. A roadway includes motor vehicle travel lanes and may include bike lanes.

Satellite Dish

A device used to transmit or receive radio or electromagnetic waves between terrestrially and orbitally based devices.

Shared Parking

The use of parking spaces used or proposed to be used to meet the minimum number of off-street parking spaces required for one or more other uses.

Shipping Container

A standardized, reusable shipping vessel used in the transportation of freight and capable of being mounted on a rail car, or mounted on a chassis for movement by truck trailer, or loaded on a ship.

Sight Triangle

A triangular area at each corner of the intersection of two streets or of a street and a driveway, where vision is required to be unobstructed.

Sign

Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, costumes, designs, trade names, or trademarks by which anything is made known (all or any of which are sometimes referred to as "copy"), and that are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, and that are visible from any public street or adjacent property and used to attract attention. A sign includes the sign structure and the sign face on which any copy is displayed.

Sign Area

The area enclosed by the perimeter of the sign face. For signs consisting of copy or graphics individually applied to a facade, the sign area shall be considered as the area of an imaginary rectangle that will enclose all such items.

Sign Face

The part of the sign that is or can be used for the display of any copy or graphics, including any background material, panel, trim, color, or illumination that differentiates the sign from a facade or sign structure.

Sign Structure

Any supporting structure erected, used, or intended for the purpose of displaying any sign, with or without a sign thereon.

Sign Structure Area

The area within an imaginary rectangle that encompasses the sign minus the area of the sign face.

Sign, Dilapidated

Any sign that is structurally unsound, has defective parts, or is in need of painting or maintenance.

Sign, Directory

A freestanding or façade sign that serves to identify the location of tenant spaces within a multi-tenant building or development to pedestrians or motorists moving with the development.

Sign, Facade

Any sign that utilizes any portion of a facade for support.

Sign, Freestanding

Any sign supported by a sign structure secured in the ground and that is wholly independent of any other support.

Sign, Illegal

Any existing sign that does not have a Sign Permit issued by the Town in accordance with Sec. 16-5-114, Sign Standards. Persons responsible for such signs are subject to the enforcement provisions in Chapter 16-8: Enforcement.

Sign, Illuminated

Any sign which is directly or indirectly lighted by an artificial light source.

Sign, Inflatable

Any 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. Untethered airships are not considered to be inflatable signs.

Sign, Internally Illuminated

Any sign which has light transmitted outward through its face or any part thereof.

Sign, Legal

Any permitted sign that complies with the provisions of Sec. 16-5-114, Sign Standards.

Sign, Off Premises

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 identified on such sign is itself located or conducted.

Sign, Permitted

Any sign for which a Sign Permit has been issued by the Town in accordance with Sec. 16-5-114, Sign Standards.

Sign, Political

Any sign erected for the purpose of advertising a candidate for public office or stating a position on a public issue on which an election or referendum is pending with respect to a particular campaign.

Sign, Project

Any sign erected and maintained on the premises temporarily during construction and displaying only the name of the project, architect, engineer, contractor, developer or finance organization upon which property such individual is furnishing labor, services or material.

Sign, Public Utility

Any sign placed by a publicly regulated utility for the purpose of identifying its utility lines, devices, or other similar equipment.

Sign, Real Estate

Any sign advertising real property as being for rent, for lease, or for sale.

Sign, Roof

Any sign erected over or on the roof of a building.

Sign, Special Event

Any sign erected for the purpose of announcing a special event or function which may be of general interest to the community.

Sign, Temporary

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

Sign, Traffic Directional/Safety

Any sign that is designed, sized, and erected solely for the purpose of vehicular or pedestrian traffic direction or safety, and is without any commercial copy or graphics.

Sign, Vehicle

Any permanent or temporary sign affixed, painted on or placed in or upon any vehicle.

Significant stand of trees

A group of three or more trees, along with their associated understory, that have one or more of the following:

• The stand is made up of Category I trees;

• The stand is made up of one or more of the following species, which are considered uncommon or rare on the island: red bay, sassafras, spruce pine, pond pine and any of the native hickory species;

• The stand provides shading to a significant portion (20% or more) of the site that will become impervious surface.

Significant tree

Any native tree whose size is within 20% of specimen size or any native tree who is of an unusually large size for its species and for which no specimen size has been determined.

Site

A lot or lots occupied or planned for occupation by a structure or a set of structures.

Site Plan

A detailed engineering plan, to scale, showing uses, and structures proposed for a parcel of land as required by this Ordinance.

Solar Energy Device

A system consisting of solar panels and related equipment (e.g., heat exchanger, pipes, inverter, wiring, storage) that collects solar radiation and transfers it as heat to a carrier fluid for on-site use in hot water heating or space heating and cooling, or that collects solar energy and converts it into electricity for direct on-site use and transfer of excess electricity to an electric utility grid. Solar panels and equipment are typically mounted on the roof(s) of principal or accessory structure, but may be mounted on other parts of structures, or on the ground.

Special Event

A planned, temporary activity as defined in Section 17-12-115 of the Special Events Ordinance.

Specimen Tree

A tree that is an outstanding representative of its species in size, as listed in Sec. 16-6-104.F.1, Specimen Tree Defined.

Stand of Trees

A relatively uniform group of trees that form a continuous canopy.

State

The State of South Carolina.

State or Condition that Existed Prior to a Disaster

The state or condition of a structure that existed prior to any disaster.

Street

An existing or planned public right-of-way or private easement used or intended to be used primarily for carrying vehicular, bicycle, and pedestrian traffic and providing a principal means of access to abutting property.

Street, Private

A street that has not been dedicated and publicly accepted by any governmental entity.

Street, Public

A street that has been dedicated and publicly accepted by a governmental entity.

Structure

Anything constructed, installed, or portable, the use of which requires a location on a parcel of land. Structure includes a fixed or movable building which can be used for residential, business, commercial, agricultural, or office purposes, either temporarily or permanently. "Structure" also includes, but is not limited to, swimming pools, tennis courts, signs, cisterns, sewage treatment plants, sheds, fences and gates, docks, mooring areas, and similar accessory construction.

Subdivision

Any division of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, lease, or development—including any division of land involving a new street or change in existing streets, the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, any re-subdivision involving the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law, and the combination of record lots—provided, however, that the following are excepted from this definition:

1)

The combination or recombination 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 this Ordinance;

2)

The division of land into parcels of five acres or more where no new street is involved and plats of these exceptions are received as information by the Town, which shall indicate that fact on the plats; and

3)

The combination or recombination of entire lots of record where no new street or change in existing streets is involved.

Swimming Pool, Spa, or Hot Tub

An above- or below-ground structure that is filled with water and used for swimming (swimming pool) or for soaking, relaxation, massage, or hydrotherapy (spa or hot tub).

Telecommunications Facility

A telecommunications facility is the set of equipment and network components—including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment—necessary to provide wireless data and telecommunications services to a discrete geographical area. A telecommunications facility may consist of (a) telecommunications facility equipment and network components that are collocated (attached or mounted) on an existing telecommunications tower, or (b) telecommunications facility equipment and network components that are collated (attached or mounted) on an existing building or structure other than a telecommunications tower (such building or structure is not considered part of the telecommunications facility), or (c) a monopole tower whose sole or primary purpose is to support and elevate telecommunications facility equipment and network components above the ground, and including any ground-based accessory structure used to house associated equipment. A distributed antenna system does not constitute a telecommunications facility.

Television or Radio Antenna

An omnidirectional antenna tuned to the broadcast frequencies assigned to television or commercial radio. This use does not include an amateur radio antenna or a satellite dish.

Town

The Town of Hilton Head Island, South Carolina.

Town Council

The Town Council for the Town of Hilton Head Island, South Carolina.

Tract

A defined area or parcel of land, the term itself not importing any precise dimension.

Travel Ready

Any temporary dwelling or temporary nonresidential unit that can be removed entirely from the island or driven or pulled off the island in the event that a subsequent disaster occurs.

Tree

Any living woody or fibrous (e.g., palm) perennial plant having one or several self-supporting stems. Trees may be classified as conifer, deciduous, evergreen, or ornamental.

Tree and Buffer Protection Zone

A defined area containing one or more healthy trees designated for preservation and protection in accordance with Sec. 16-6-104, Tree Protection, delineated generally by the outermost drip line of the tree(s) or a buffer area designated to be protected in accordance with Sec. 16-5-103.D, Adjacent Street Buffer Requirements and Sec. 16-5-103.E, Adjacent Use Buffer Requirements.

Tree, Street

A tree with a 3" caliper diameter at breast height with a trunk free of branches 7' to 9' from the grade immediately adjacent to the tree and generally located in the area between the street and any pathway or sidewalk.

Tree Survey

A survey of trees protected by Sec. 16-6-104, Tree Protection. See Sec. 16-6-104.C.2.

Underbrushing

The removal of the shrub layer or understory from a site by hand or machine (also known as bush-hogging).

Understory Trees

Trees that grow beneath the overstory.

Upland

For purposes of the wetland protection standards in Sec. 16-6-102, Wetland Protection, any area that does not qualify as a wetland because the associated hydrologic regime is not sufficiently wet to elicit development of vegetation, soils, or hydrologic characteristics associated with wetlands. Such areas occurring within floodplains are more appropriately termed non-wetlands.

Use

The purpose or activity of which the land or building is designed, arranged, or intended, or for which it is occupied or maintained. Accessory use is subordinate to the main or principal use of land or building.

Use, Accessory

A use of a building, lot, or portion thereof, which is customarily incidental and subordinate to the principal use of the building or lot.

Use, Principal

The primary purpose for which a lot or the main building thereon is designed, arranged, or intended and for which it is or may be used, occupied, or maintained.

Vested Right

The right to undertake and complete the development of property under the terms and conditions of a site specific development plan or phased development plan as provided in S.C. Code of Laws Ordinance 6 Chapter 29 Article II Section 6-29-1510 et seq., and Sec. 16-2-102.J.1, Vested Rights for Approvals of Site Specific Development Plans, of this Ordinance.

Wetland

An area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. To be considered a wetland, the following three criteria must be met:

1)

the presence of hydric soil;

2)

the prevalence of hydrophytic vegetation; and

3)

the presence of wetland hydrology.

Wetlands generally include swamps, marshes, bogs and similar areas.

Wetland Alteration

Any human activity that causes changes in the hydrology, vegetation, or other physical, biological or chemical characteristics of regulated wetlands—including, but not limited to: dredging or filling; drainage; diking; addition of impervious surfaces; addition of sediment and pollutants; removal of or damage to vegetation; and planting of non-native vegetation.

Wetland Buffer

A strip of upland area along the outer edge of a wetland intended to consist of undisturbed vegetation. See Sec. 16-6-102.D, Wetland Buffer Standards.

Wetland Creation

Construction of a wetland where one did not previously exist.

Wetland Functions

The physical, chemical, and biological process or attributes of a wetland without regard to their importance to society.

Wetland Mitigation Banking

The restoration, creation, enhancement, or preservation of a wetland undertaken expressly for the purpose of compensating for unavoidable loss of wetland to a development project. The goal is to replace the exact function and value of wetlands that would be adversely affected by a proposed development project. Units of restored, created, enhanced, or preserved wetland are expressed as "credits" that may subsequently be withdrawn to offset "debits" occurring through the loss of wetland as a development site. Such credits may be bought and sold between those who restore, create, enhance, or preserve wetlands and those who must compensate or mitigate the loss of wetlands or wetland functions.

Wetland Preservation

Conservation of a wetland area in perpetuity through legal protections on the use and disturbance of the area.

Wetland Restoration

Re-establishment of previously existing wetland functions at a site where they have ceased to exist, or exist only in a substantially degraded state.

Wetland Revegetation

The replanting of native vegetation in a wetland area where man-made changes have altered vegetation, but where hydrologic and soil conditions have been retained.

Wind Energy Conversion System, Small

A wind energy conversion system consisting of a rotating wind turbine and related control or conversion equipment that converts the kinetic energy in wind into mechanical energy, has a rated capacity of not more than 100 kilowatts (kW), and is intended to primarily reduce on-site consumption of utility power for homes or businesses.

Zero Lot Line Development

The location of a building on a lot in such a manner that one of the building's sides rests directly on the common lot line of an adjacent lot.

Zero Lot Line Residential Subdivision

A subdivision which permits side by side, single family dwelling units that have a minimum of seventy-five percent of the total party wall adjoined together as a common wall on a common shared property line. This includes townhouse developments if each dwelling unit is on a separate lot.

Zoning District

The various classification of zoning categories provided for in this Ordinance and the areas on the zoning map in which such different districts are mapped, where the regulations governing the use of land, density, height, and coverage of buildings and other structures are uniform.

Zoning District, Base

Those zoning districts grouped into Conservation and Recreation Districts, Residential Districts, and Mixed-Use and Business Districts, and which are described in Sec. 16-3-102 through Sec. 16-3-105 of this Ordinance.

Zoning District, Overlay

A zoning district that is superimposed over one or more underlying base zoning districts to address area specific conditions or features, and which are described in this Ordinance.

Zoning Map, Official

The Official Zoning Map of the Town of Hilton Head Island, on which the boundaries of various zoning districts are drawn and which is an integral part of this Ordinance.

(Revised 11-3-2015 - Ord. No. 2015-23; revised 4-18-2017 - Ordinance 2017-05; revised 6-6-2017 - Ordinance 2017-08; revised 12-5-2017 - Ordinance 2017-19; revised 9-17-2019 - Ordinance 2019-20; revised 1-7-2020 - Ordinance 2020-02; revised 7-21-2020 - Ordinance 2020-16; revised 11-4-2020 - Ordinance 2020-26; revised 2-16-2021 - Ordinance 2021-02; revised 7-20-2021 - Ordinance 2021-15; revised 3-7-2023 - Ordinance 2023-04; revised 5-2-2023 - Ordinance 2023-06)