Hilton Head Island City Zoning Code
CHAPTER 16
1: - General Provisions
Sec.16-1-101.- Ordinance
This Ordinance shall be officially known as the "Land Management Ordinance of the Town of Hilton Head Island" and may be referred to as the "LMO" or "this Ordinance," and may be cited as Title 16 of the Municipal Code of the Town of Hilton Head Island (1983), as amended. Individual chapters of this Ordinance may be cited as Title 16 Chapter [chapter #], as appropriate. Individual sections of this Ordinance may be cited by reference to the section number as follows: "Sec. 16-[chapter #]-[section, subsection, and paragraph #]", as appropriate.
Sec.16-1-102. - Authority
A. General
The Town Council is authorized to adopt the LMO in accordance with the enabling authority in Title 6 of the Code of Laws of South Carolina (1976), as amended, including but not limited to Chapter 7 and Chapter 29 of Title 6 of the Code, and including all provisions located elsewhere in the Code citing any applicable authority.
Sec.16-1-103. - Purpose and Intent
The purpose and intent of the LMO is to guide the development and use of property in accordance with the Town's Comprehensive Plan and existing and future needs of the Town in order to protect, promote, and improve the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare of the landowners and residents of the Town. The LMO is enacted and designed to exercise the full range of authority available to the Town in accordance with the enabling authority in Title 6 of the Code of Laws of South Carolina, and including all provisions located elsewhere in the Code granting any applicable authority, to:
A.
Promote the public health, safety, and general welfare, while recognizing the rights of real property owners, by adopting a comprehensive zoning ordinance for the Town and providing for administrative procedures and development standards.
B.
Prevent the overcrowding of land and avoid undue concentration of population by creating zoning districts consistent with the character and desired development form of each area of the Town and each area's suitability for particular development and uses by adopting an Official Zoning Map consistent with the zoning districts.
C.
Through the zoning districts, regulate the areas and dimensions to be occupied by buildings and structures.
D.
Provide for the safe, orderly, and convenient movement of vehicular, pedestrian, and bicycle traffic.
E.
Minimize risk to life and property from natural disaster, fire, panic, and other dangers.
F.
Facilitate the adequate provision of transportation, water, sewerage, drainage, schools, parks, and other public facility improvement requirements by regulating, as appropriate, the impact of development on community infrastructure.
G.
Ensure orderly development with concurrent provision of appropriate and necessary public facility infrastructure that is consistent with the capacity of public facility infrastructure systems to serve development.
H.
Provide for the imposition of impact fees to finance the expansion, maintenance, and repair of the Town's transportation systems to meet growth-related demand.
I.
Protect designated corridors, natural resource areas, historic areas, scenic areas, and the Town's general aesthetic by establishing conservation and corridor overlay zoning districts, as appropriate, and regulations related to ensure maintenance of quality aesthetics and environmental standards.
J.
Assist to achieve the goals, objectives, and policies of the Town of Hilton Head Island Comprehensive Plan.
K.
Carry out such other purposes in the public interest as may be specifically cited in the LMO and Comprehensive Plan.
Sec.16-1-104. - Applicability and Jurisdiction
A. General Applicability
The provisions of the LMO shall apply to the development of all land within the Town together with such adjacent unincorporated areas of Beaufort County that the Town Council and the Beaufort County Council jointly agree shall be governed by this Ordinance, unless expressly exempted by a specific section, subsection, or paragraph of this Ordinance.
B. Development Activities Constituting Development
1.
Except as otherwise provided in subsection C below, the following development activities, whether public or private, are considered development under the LMO and shall comply with the procedures and standards of the LMO.
a.
The establishment, re-establishment or change in use of a structure or land, whether temporary or permanent, unless expressly exempted by this Ordinance.
b.
A building activity involving the construction, reconstruction, or alteration of the size of a structure, unless expressly exempted by this Ordinance.
c.
An increase in the intensity of land use, such as an increase in the number or size of nonresidential or residential uses in a structure or on land, or in the number of parking spaces or amount of impervious cover, unless expressly exempted by this Ordinance.
d.
Commencement of any filling or excavating operation on a parcel of land or filling or dredging of intertidal or underwater land.
e.
Material alteration of a shore, bank, or floodplain of the ocean or other natural water body.
f.
The construction or extension of any utility service line or facility.
g.
The subdivision of land within the Town except in accordance with paragraph C.5 below.
2.
Development as defined in the LMO shall include all other activities associated with it unless otherwise expressly specified in this Ordinance. The change or repair of a structure or site infrastructure (e.g., parking, access drives) may result in development as defined in this Ordinance.
C. Activities Not Constituting Development
The following activities are not considered development under the LMO, unless specifically stated otherwise in this Ordinance, and determined so by the Official. Except for paragraph 1 below, if any of these activities necessitates the recording of documents or plats, such documents and plats shall be submitted to the Official for review and stamping prior to recording.
1.
A transfer of title to land not involving the division of land into separate parcels.
2.
The creation or termination of leases and easements concerning development of land, or other rights.
3.
The recording of any documents or plats expressly for the purposes of reference or attachment to a publicly recorded document when such recording does not result in subdivision of land into parcels. Such recording may include, but is not limited to, documents such as master deeds or covenants, or plats for mortgage or HUD filing purposes only.
4.
The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots comply with all standards of this Ordinance.
5.
The division of land into parcels of five acres or more where no new street is involved.
6.
The combination or recombination of entire lots of record where no new street or change in existing streets is involved.
D. Exemption of Homes for the Handicapped
This Ordinance does not apply to a home providing 24-hour care to nine or fewer mentally or physically handicapped persons in accordance with S.C. Code Ann. § 6-29-770(E).
E. Application to Governmental Units
1.
The provisions of this Ordinance shall apply to development by the Town or its agencies and departments, or on land owned or otherwise controlled by the Town.
2.
To the extent allowed by law, the provisions of the LMO shall also apply to development by any County, State, or federal government or its agencies, departments, or corporate services, or on land owned or otherwise controlled by a County, State, or federal government.
F. Appropriate Development Permits or Approvals Required
No development shall occur until the permits or development approvals have been obtained by the person required to obtain them, as set forth in this Ordinance.
G. Compliance with Code Required
Development shall not occur except in accordance with the requirements of this Ordinance and all other applicable Town, State, and federal ordinances, laws, statutes, and regulations. Development undertaken without approval of all permits and development approvals required is a violation of this Ordinance.
Sec.16-1-105. - Relationship to Comprehensive Plan and Planning Policies
A. Relationship to Comprehensive Plan
In addition to the purposes stated in Sec. 16-1-103, Purpose and Intent, the LMO is intended to ensure that all development within the Town's jurisdiction is in accordance with the Town of Hilton Head Island Comprehensive Plan, and that the LMO implements the planning policies adopted as part of the Town of Hilton Head Island Comprehensive Plan and furthers the general health, safety, and welfare of the Town's citizens.
In considering applications for development, the advisory and decision-making bodies shall be guided by the following general planning policies. Development shall be permitted only:
1.
In a coordinated, adjusted, and harmonious manner for the public welfare and with consideration of the need for clean air and water.
2.
In accordance with present and future needs, and which best promote the public health, safety, morals, order, convenience, prosperity, and general welfare.
3.
Through a process of efficiency and economy that considers:
a.
Adequate provisions for traffic;
b.
Promotion of safety from fire, hurricane, or other dangers;
c.
Adequate provision for light and air;
d.
Promotion of the healthful and convenient density and distribution of population;
e.
Promotion of good civic design, appearance, and arrangement;
f.
Wise and efficient expenditure of public funds; and
g.
Adequate and efficient provision of public utilities and public services.
4.
Through the preservation of the tree canopy throughout all developed areas in the Town.
5.
Through the reduction of the dangers of hurricanes, including the dangers of overwash or other damage to or interference with evacuation routes.
6.
In accordance with the values represented by a broad consideration of the public welfare, including aesthetic, environmental, spiritual, and other values of the community as a whole, in addition to the traditional consideration of land and property rights.
Sec.16-1-106. - Relationship with Other Laws, Covenants, or Deed Restrictions
A. Conflicts with Other LMO Standards
1.
When any LMO provision is inconsistent with another LMO provision, or a provision found in other adopted codes or ordinances of the Town, the more restrictive provision shall govern unless the terms of the more restrictive provision specify otherwise. The more restrictive provision is the one that imposes greater restrictions or burdens, or more stringent controls.
2.
When there is a conflict between an overlay zoning district and an underlying base zoning district, the provisions of the overlay district shall control. When there is a conflict between two overlay districts and one of the districts is the Redevelopment Overlay District, the provisions of the Redevelopment Overlay District shall control.
3.
When it is possible to implement, administer, or construe a particular provision in more than one way, it shall be implemented, administered, or construed in a way that eliminates or minimizes conflicts with other provisions of the LMO.
B. Relationship to Restrictive Covenants or Deed Restrictions
In accordance with S.C. Code Ann. § 6-29-1145, Town applications for land development permits or approvals other than those authorizing the building or placement of a structure on a tract or parcel of land shall ask whether the subject tract or parcel of land is restricted by any recorded covenant that is contrary to, conflicts with, or prohibits the proposed activity. If the Town has actual notice of such a restrictive covenant, whether from the application or other source, the Town shall not issue the permit unless the Town receives written confirmation and proof from the applicant that the restrictive covenant has been released for the tract or parcel of land by action of the appropriate authority or property holders, or by court order. The issuance of a permit does not affect the applicant's obligations under any recorded covenants.
Sec.16-1-107. - Official Zoning Map
A. Establishment and Maintenance
1.
Land subject to the LMO is divided into the various base and overlay zoning districts established in Chapter 16-3: Zoning Districts. The location and boundaries of the zoning districts are shown on the Official Zoning Map. The Official Zoning Map, including all the notations thereon, as may be amended from time to time, is incorporated herein by reference and made part of the LMO. The Official Zoning Map shall be the final authority as to the status at any given time of the zoning district classification of land in the Town.
2.
The original and all revised versions of the Official Zoning Map shall be certified as such on the face of the map by the signature of the Official, and shall be kept on file, in either hardcopy or digital form, at Town Hall. Copies of the Official Zoning Map shall be made available for public inspection at Town Hall during normal business hours.
1.
Changes made in zoning district boundaries or other matters portrayed on the Official Zoning Map shall be made in accordance with Sec. 16-2-103.C, Zoning Map Amendment (Rezoning).
2.
The Official shall enter changes onto the Official Zoning Map within a reasonable period of time after a map amendment is approved by the Town Council. Where the ordinance enacting a zoning district boundary change contains wording explaining or clarifying the location of the new boundary, the Official may enter on the Official Zoning Map notations reflecting the ordinance wording.
1.
The following criteria shall be used to determine the location of zoning district boundaries as shown on the Official Zoning Map:
a.
Where any district boundary is indicated on the Official Zoning Map as approximately following the Town boundary line, then such Town boundary line shall be construed to be such district boundary line.
b.
Where district boundary lines are so indicated that they approximately follow property or lot lines, such property or lot lines shall be reasonably construed to be such boundary lines.
c.
Where a district boundary line divides a parcel or lot, the location of any such district boundary lines, unless indicated by dimensions shown on the Official Zoning Map or as may be more completely described in narrative form in this Ordinance, shall be measured according to the scale on the Official Zoning Map and land so divided shall be considered to be in separate districts.
d.
Unless otherwise indicated, district boundaries follow natural features such as marsh edges, stream banks, wetlands, or the OCRM critical line.
e.
District boundaries shall be the center lines of streets or highways or parallel to their rights-of-way, property lines, streams or other bodies of water or said lines extended at such distance there from as indicated on the Official Zoning Map. If no distance is given, such distances shall be measured according to the scale on the Official Zoning Map or as defined elsewhere in this Ordinance.
2.
Should any uncertainty arise with regard to the location of a zoning district boundary, the Official shall be responsible for interpreting the Official Zoning Map in accordance with Sec. 16-2-103.R, Written Interpretation.
Sec.16-1-108. - Transitional Provisions
A. Effective Date
The LMO shall take effect and be in force on October 7, 2014.
B. Transition to New Zoning Districts
On October 7, 2014, land zoned with a zoning district classification from the previous LMO shall be translated to one of the zoning district classifications in this LMO as set forth in Chapter 16-3: Zoning Districts. Table 16-1-108.B, Zoning District Transition Table, summarizes the translation of the zoning districts used in the previous ordinance to the zoning districts used in this LMO.
Any violation of previous Town development regulations replaced by this LMO shall continue to be a violation under this LMO, and be subject to the penalties set forth in Chapter 16-8: Enforcement, unless the development complies with the express terms of this LMO.
If any use, structure, lot, sign, or other site feature was legally established on the date of its development, but does not fully comply with the standards of this LMO, then that use, structure, lot, sign, or other site feature shall be considered nonconforming and subject to the provisions of Chapter 16-7: Nonconformities. If a use, structure, lot, sign or site feature that was legally nonconforming under a prior LMO becomes conforming under this LMO, it shall no longer be deemed nonconforming or subject to the provisions of Chapter 16-7: Nonconformities.
E. Policy Regarding Prior Development Approvals
Land development plans and subdivision plats submitted to and approved by the Town prior to the adoption of this Ordinance shall have expiration dates governed as follows:
The expiration of a phased development plan or a site specific development plan, as defined in the Vested Rights Act, S.C. Code Ann. § 6-29-1510 et seq., approved by the Town prior to October 7, 2014 is governed by the Vested Rights Act.
Any land development plan or subdivision plat approved by the Town prior to October 7, 2014 that is not subject to the Vested Rights Act, S.C. Code Ann. § 6-29-1510, shall expire on the later of (i) a definite expiration date contained in the approval or permit itself, or (ii) two years from the issuance date of the approval or permit.
F. Continued Effectiveness of PUD Master Plans
1. PUD Master Plan Incorporated into Official Zoning Map
Where a PUD Master Plan that was granted approval prior to October 7, 2014 has been incorporated into the Official Zoning Map in accordance with Sec. 16-1-101, the provisions of Sec. 16-1-101 shall govern the development and implementation of the PUD Master Plan.
2. Conditional Use Review Granted Prior to Effective Date
Where a conditional use review was granted prior to October 7, 2014, and the development is listed in Sec. 16-3-106.G.5, PD-2 Listed Master Plans, the development shall be considered a PD-2 Planned Development Overlay District, and the provisions of Sec. 16-2-103.D, Planned Unit Development (PUD) District, shall govern the development, implementation, or amendment of the PD-2 Master Plan.
1. Option for Review Under Prior Standards or this LMO
If an application for a permit or development approval is submitted before October 7, 2014, but is still pending approval or denial as of that date, the application shall be reviewed and decided, at the applicant's option, wholly in accordance with the requirements of the LMO in effect when the application was accepted, or wholly in accordance with the requirements put into effect by this LMO (but not in accordance with a mix of provisions from both sets of development standards).
2. Review Under Prior Standards
If the applicant elects to have the pending application reviewed in accordance with the requirements of the prior LMO, the Town shall review and make a final decision on the application in accordance with any time periods established by the prior LMO. If the application is approved and the approval or subsequent authorization of the approved development expires or becomes invalid (e.g., for failure to comply with time limits or the terms and conditions of approval), any subsequent development of the site shall be subject to the requirements of this LMO.
3. Development Approved Under Prior Standards May be Nonconforming
To the extent a pending application is approved in accordance with the requirements of the prior LMO and proposes development that does not comply with this LMO, the subsequent development, although allowed, shall be legally nonconforming and subject to the provisions of Chapter 16-7: Nonconformities.
H. Development with Prior Permits and Development Approvals
1. Completion of Development with Prior Approved Permits and Development Approvals (Other than PUD Master Plans)
Development with approved permits or development approvals issued prior to October 7, 2014, other than PUD Master Plans, (which are addressed in Sec. 16-1-108.F, Continued Effectiveness of PUD Master Plans) may be carried out in accordance with the terms and conditions of the permit or development approval and the procedures and development standards in effect at the time of approval, provided the permit or approval does not expire and otherwise remains valid. If the permit or development approval expires, is revoked (e.g., for failure to comply with time limits or the terms and conditions), or otherwise becomes invalid, any subsequent development of the site shall be subject to the procedures and standards of this LMO.
2. Permits and Development Approvals Granted Prior to [October 7, 2014] May Be Amended Under this LMO
Nothing in this LMO prevents the holder of an approved permit or development approval issued prior to October 7, 2014 from seeking to amend the permit or development approval under the procedures and standards of this LMO, or from seeking a new permit altogether.
3. Development Under Prior Permits and Development Approvals May Be Nonconforming
To the extent a prior permit or development approval authorizes development that does not comply with this LMO, the subsequent development, although allowed, shall be nonconforming and subject to the provisions of Chapter 16-7: Nonconformities.
Sec.16-1-109. - Severability
It is the legislative intent of the Town Council in adopting this LMO that all provisions shall be liberally construed to implement the Town's Comprehensive Plan and guide development in accordance with the existing and future needs of the Town as established in the Comprehensive Plan and this LMO, and promote the public health, safety, and welfare of landowners and residents of the Town. If any section, subsection, paragraph, sentence, clause, or phrase of this LMO is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity and continued enforcement of any other section, subsection, paragraph, sentence, clause, or phrase of this LMO. The Town Council hereby declares that it would have adopted this LMO and any section, subsection, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases of the LMO is declared invalid by a court of competent jurisdiction.