Hilton Head Island City Zoning Code
CHAPTER 16
4: - Use Standards
Sec.16-4-101.- Organization
A.
Section 16-4-102, Principal Uses, sets out the uses allowed as principal uses in the zoning districts, what type of permit or review is required to establish them, and any special conditions applicable to particular principal uses.
B.
Section 16-4-103, Accessory Uses and Structures, identifies the uses and structures commonly allowed as accessory to principal uses and sets out where they are allowed, what type of permit or review is required to establish them, general standards applicable to all accessory uses and structures, and any special conditions applicable to particular accessory uses and structures.
C.
Section 16-4-104, Temporary Uses and Structures, sets out which uses or structures are allowed on a temporary basis, and the general standards applicable to all temporary uses and structures, and any special conditions applicable to particular temporary uses and structures.
Sec.16-4-102. - Principal Uses
A. Principal Use Table
1. Structure of Principal Use Table
a. Organization and Classification of Principal Uses
i.
The Principal Use Table organizes allowable principal uses with the following hierarchy of classifications:
01.
Use Classifications are relatively broad and general and represent major groups of use types that have common functional or physical characteristics, such as the type and amount of activity, type of occupants or users/customers, or operational characteristics.
02.
Use Types are a mix of relatively broad uses and specific uses within the various use classifications. They represent uses that this Ordinance treats differently in terms of where they are permitted, what use-specific conditions apply to them, what parking requirements apply to them, and, to a lesser extent, what development standards apply to them. All principal use types are defined and many accessory and temporary use types are also defined.
ii.
The Use Classifications and Use Types that make up the Principal Use Table are identified and described in Sec. 16-10-103, Use Classifications, Use Types, and Definitions.
2. Designation of Principal Uses as Permitted Use, Permitted Use Subject to Conditions, Special Exception Use, or Prohibited Use
The Principal Use Table uses the following abbreviations to designate whether and how a principal use is allowed in a particular zoning district:
a.
A "P" indicates that the use is allowable as a principal use by right in the corresponding base zoning district, subject to all other applicable regulations of this Ordinance.
b.
A "PC" indicates that the use is allowable as a principal use in the corresponding base zoning district, subject to referenced use-specific conditions and all other applicable regulations of this Ordinance.
c.
An "SE" indicates that the use is allowable as a principal use in the corresponding base zoning district only if reviewed and approved as a special exception use, in accordance with Sec. 16-2-103.E, Special Exception, and subject to any referenced use-specific conditions and all other applicable regulations of this Ordinance.
d.
A blank cell indicates that the use is prohibited as a principal use in the corresponding base zoning district.
e.
With its limited land area, sensitive lands, and resort character, the Town of Hilton Head Island is primarily suited for residential, recreational, and some commercial uses. Although it is essential to the community to allow certain uses with a light industrial character, few industrial or heavy commercial uses are appropriate in the Town. Thus, only industrial and heavy commercial uses expressly set forth in the Principal Use Table and accompanying definitions shall be permitted in the Town. All other industrial and heavy commercial uses are otherwise expressly prohibited.
3. Reference to Use-Specific Conditions
As noted above, a use allowable as a principal use in a zoning district may be subject to additional conditions that are specific to the use. The applicability of such use-specific conditions is noted through a section reference in the last column of the Principal Use Table titled "Use-Specific Conditions." References refer to standards in Use-Specific Conditions for Principal Uses.
4. Development with Multiple Principal Uses
When all principal uses of a development fall within one Use Type, the entire development is assigned to that Use Type. A development that contains a coffee shop, bookstore, and bakery, for example, would be classified as Other Commercial Services because all of the development'sprincipal uses are in that Use Type. When the principal uses of a development fall within different Use Types, each principal use is classified in the applicable Use Type and is subject to all applicable regulations for that Use Type. Development with multiple principal uses, such as shopping centers, shall incorporate only those uses allowed in the underlying district.
5. Interpretation of Unlisted Uses
a. Procedure for Interpreting Unlisted Uses as Permitted
The Official may interpret a use not expressly listed in the Principal Use Table as allowed in a zoning district, in accordance with the procedure in Sec. 16-2-103.R, Written Interpretation, and based on the standards in subparagraph b below.
b. Standards for Interpreting Unlisted Uses as Permitted
The Official shall interpret an unlisted use as permitted in a particular zoning district only after determining that the nature, function, and duration of the use and the impact of allowing it in the zoning district are so similar to those of a Use Type allowable in the zoning district that the unlisted use should be deemed allowable in the same manner as the similar Use Type. In making such determination, the Official shall consider the purpose and intent statements in this Ordinance concerning the zoning district, the character of uses allowable in the district, and all relevant characteristics of the unlisted use, including but not limited to the following:
i.
The actual or projected characteristics of the unlisted use in relationship to the stated characteristics of each listed Use Type;
ii.
The relative amount of site area or floor space and equipment devoted to the unlisted use;
iii.
The relative amounts of sales from each unlisted use;
iv.
The customer type for each unlisted use;
v.
The relative number of employees in each unlisted use;
vi.
The hours of operation;
vii.
The building and site arrangement;
viii.
The vehicles used with the unlisted use;
ix.
The relative number of vehicle trips generated by the unlisted use; and
x.
Whether the unlisted use is likely to be found independent of the other listed uses on the site.
If, after applying the criteria in subparagraph b above, the Official determines that a proposed unlisted use is not similar to a listed Use Type, the proposed use shall be prohibited.
d. Effect of Approval of Unlisted Use
i.
After interpreting an unlisted use as permitted in a zoning district, the Official shall determine whether the unlisted use is likely to be common or will recur frequently, or whether its omission from the Principal Use Table is likely to lead to uncertainty and confusion. On determining that the unlisted use is likely to be common or would lead to confusion if unlisted, the Official shall ask the Planning Commission to initiate a text amendment to list the use in the Principal Use Table. Until final action is taken on the text amendment application, or the Planning Commission decides not to initiate the requested text amendment, the Official's interpretation shall be binding.
ii.
If after interpreting an unlisted use as permitted in a particular zoning district, the Official determines that the unlisted use is of an unusual or transitory nature, and unlikely to recur frequently, the interpretation shall be binding in accordance with Sec. 16-2-103.R.6, Effect of Interpretation, without further action or amendment of this Ordinance.
iii.
The Official's interpretation may be appealed in accordance with Sec. 16-2-103.T, Appeal of Administrative Decisions and Written Interpretations to Board of Zoning Appeals.
(Revised 5-17-2016 - Ordinance 2016-07; revised 4-18-2017 - Ordinance 2017-05; revised 9-17-2019 - Ordinance 2019-20; revised 8-18-2020 - Ordinance 2020-19; revised 11-4-2020 - Ordinance 2020-26; revised 2-16-2021 - Ordinance 2021-02; revised 7-20-2021 - Ordinance 2021-15; revised 10-3-2023 - Ordinance 2023-12)
B. Use-Specific Conditions for Principal Uses
i.
Mixed-use development shall designate separate parking spaces for use by the residential units. The parking spaces designated for residential use shall not be included as part of a shared parking plan.
ii.
In the CR District, there shall be no dwelling units located on the first floor of any mixed-use development unless there are commercial services uses located between the street and the proposed dwelling units.
iii.
The density for the redevelopment/conversion of an existing nonresidential structure to mixed-use shall be based on the existing gross floor area and minimum unit sizes as described in Sec. 16-10-102.B.1.
iv.
Mixed-use development that includes workforce housing shall comply with the Workforce Housing Program as outlined in Sec. 16-4-105.
(Revised 5-17-2016 - Ordinance 2016-07; revised 11-4-2020 - Ordinance 2020-26)
i.
In the CR District, there shall be no dwelling units located on the first floor of any multifamily development unless there are commercial services uses located between the street and the proposed dwelling units.
ii.
Multifamily use in the CC and MED Districts shall only be permitted as part of a commercial conversion that includes WFH per Sec. 16-10-102.B.1.
iii.
Multifamily development that includes workforce housing shall comply with the Workforce Housing Program as outlined in Sec. 16-4-105.
(Revised 5-17-2016 - Ordinance 2016-07; revised 11-4-2020 - Ordinance 2020-26)
Use of a recreational vehicle for residential purposes, except within a Recreational Vehicle Park, is only permitted with the following conditions:
i. The lot on which the recreational vehicle will be located and occupied must have an active residential building permit for either a new single family residence that is replacing an existing single family residence or the renovation of at least 50% of an existing single family residence on the lot; and
ii. If the existing residence is being renovated, it cannot be safely occupied; and
iii. The recreational vehicle may be occupied for up to 180 consecutive days or for the life of the building permit, whichever comes first. The Administrator may approve up to two extensions of up to 90 consecutive days each if the new or renovated residence is not yet habitable; and
iv. The recreational vehicle must be occupied by the owner of the lot on which the recreational vehicle is located; and
v. Only one recreational vehicle may be located and occupied on the lot at a time; and
vi. The owner of the lot on which the recreational vehicle will be located must demonstrate how electricity, water and sewer service for the recreational vehicle will be provided; and
vii. The recreational vehicle must not be located within any required setbacks or buffers; and
viii. The request to use a recreational vehicle on a lot must be submitted by a 501(c)(3) organization.
(Revised 5-17-2016 - Ordinance 2016-07; revised 9-17-2019 - Ordinance 2019-20; revised 1-7-2020 - Ordinance 2020-02)
i.
Any development that includes workforce housing shall comply with the Workforce Housing Program as outlined in Sec. 16-4-105.
ii.
Workforce housing may be permitted in the PD-1 District through a Zoning Map Amendment in accordance with Sec. 16-2-103.C.
iii.
In the MS District, properties developed for WFH shall not be permitted on properties currently utilized as a school or fire station.
iv.
In the S District, properties developed for WFH shall not have vehicular access to U.S. Route 278 (William Hilton Parkway).
v.
In the WMU District, properties developed for WFH shall not have vehicular access to Marshland Road.
vi.
In the LC District, properties developed for WFH shall not have vehicular access to U.S. Route 278 (William Hilton Parkway) between Wexford Drive and Singleton Beach Road.
vii.
In the RM-4 District, properties developed for Group Living use are not be eligible to participate in the WFH Program.
viii.
In the RM-4 District, existing mobile home parks, located on property that is a minimum of 3 acres, shall be eligible to participate in the WFH Program.
ix.
Except for paragraph viii above, workforce housing use in the RM-4 District shall comply with the following conditions:
a.
The property shall be a single parcel that is a minimum of 3 acres.
b.
The property shall not have frontage on Jarvis Creek, Broad Creek, or Old House Creek.
c.
The site of the WFH use shall not be located within 750 linear feet of the Hilton Head Island Airport property. This distance shall be measured as the length of an imaginary straight line between the two closest points of the perimeter boundary of the property on which any WFH use is located, and the perimeter boundary of the Hilton Head Island Airport.
d.
The site of the WFH use shall be located within 3,500 linear feet of a minor arterial in accordance with Sec. 16-5-105.B, Street Hierarchy. This distance shall be measured from the centerline of the closest vehicular access on the property where the WFH is located, and shall be measured along the centerline of the travel lane of the street providing the shortest route to the minor arterial.
e.
Lots within an existing legally platted and developed single family subdivision, including open space are not eligible to participate in the WFH Program.
f.
Properties developed with a non-single family residential use that is permanent in nature are not eligible to participate in the WFH Program.
(Revised 11-4-2020 - Ordinance 2020-26; revised 2-16-2021 - Ordinance 2021-02)
i.
Applications for Family Compound Review are only permitted on property that meets these qualifications:
a.
located on a property within a historic neighborhood as shown in Appendix B-5. Historic Neighborhoods Map; and
b.
where a single member of the family, multiple members of the family, or an unbroken succession of family members have owned the property since 1956 or earlier; or
c.
where the property has been sold to a family who has owned property on Hilton Head Island since 1956 or earlier.
ii.
The owner of record of the property shall request the family compound.
iii.
For the purposes of this section family shall be defined 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).
(Revised 7-20-2021 - Ordinance 2021-15)
i.
Applications for Family Subdivision Review are only permitted on property that meets these qualifications:
a.
located on a property within a historic neighborhood as shown in Appendix B-5. Historic Neighborhoods Map; and
b.
where a single member of the family, multiple members of the family, or an unbroken succession of family members have owned the property since 1956 or earlier; or
c.
where the property has been sold to a family who has owned property on Hilton Head Island since 1956 or earlier.
i.
Islander Mixed-Use development shall designate separate parking spaces for use by the residential units. The parking spaces designated for residential use are eligible to be included as part of a shared parking plan meeting the requirements in Section 16-5-107.H.3.
ii.
Islander Mixed-Use development may utilized shared parking on Education Use property if the development provides student housing, and for so long as the property is used for Education Use. The shared parking on Education Use property is limited to 75 parking spaces.
iii.
Islander Mixed-Use development must be on property which is within 500 feet (measured at nearest property line to property line) of Education Uses.
iv.
Islander Mixed-Use shall not be a Short-Term Rental Property as defined in the Municipal Code Section 10-2-20(6).
v.
20% of Islander Mixed-Use units shall be workforce housing units, excluding any units for student housing for USCB; for households earning between 60% to 120% of the Area Median Income (AMI) per the Town's Workforce Housing Agreement requirements. Rental workforce housing units, excluding student housing units for USCB, shall remain subject to the workforce housing unit requirements in the Town's Workforce Housing Agreement for a minimum of 15 years from the date of the initial certificate of occupancy for the completion of construction of the last workforce housing units as evidenced by restrictive covenants or other compliant documents recorded in the Office of Beaufort County Register of Deeds.
vi.
A minimum average unit size of 750 square feet per dwelling unit is required. Minimum average unit size is calculated by taking the building's total gross floor area without commercial use less the non-habitable areas (hallways, lobbies, mechanical rooms, etc.) divided by the total number of dwelling units.
vii.
Islander Mixed-Use shall not exceed a floor area ratio of 0.68.
viii.
Islander Mixed-Use shall not exceed a Site Coverage Index (SCI) of 50%. The Site Coverage Index is defined as the percentage of lot coverage by the building's footprint square footage.
ix.
Islander Mixed-Use shall have a 10% requirement of functional open space or common amenity space that is accessible to the residents. This designated area must offer outdoor active or passive recreational and gathering spaces for the use of residents.
x.
Islander Mixed-Use requires an adjacent street setback that shall meet or exceed an average of 35 feet or the minimum setback distance required per Table 16-5-102.C. whichever is greater.
xi.
Islander Mixed-Use shall require a 4 bedroom per dwelling unit maximum.
(Revised 7-20-2021 - Ordinance 2021-15; revised 10-3-2023 - Ordinance 2023-12)
2. Public, Civic, Institutional, and Education Uses
a. Aviation and Surface Transportation Uses
The length of the runway at an aviation/surface passenger terminal shall be no longer than 5,000 linear feet.
Aviation services are allowed if the site is located within 2,460 linear feet of the airport runway.
In the IL District, community services are allowed only if at least 2 / 3 of the total floor area is devoted to warehouse space.
Government facilities in the Residential (RSF- and RM-) districts and the PR district shall be those related to the provision of public safety, such as fire stations, police stations, and emergency medical and ambulance stations.
e. Telecommunications Facilities
i.
Applicability
All new telecommunications facilities, whether a principal or accessory use, shall comply with these conditions unless specifically exempted in Sec. 16-4-102.B.2.e.ii below.
ii.
Exemptions
The following telecommunication facilities shall be exempt from the conditions in this section (but shall be required to comply with other relevant standards in this Ordinance):
01.
Satellite dish antennas less than 39 inches in diameter.
02.
Wireless communications equipment and antennas located entirely within an enclosed nonresidential, mixed-use, or multifamily building.
03.
Receive-only television or radio antennas for noncommercial use.
04.
Antennas legally operated by FCC-licensed amateur radio operators, provided the antenna meets all FAA regulations and is less than 150 feet high.
05.
Modifications of an existing telecommunications tower—including the collocation, removal, or replacement of transmission equipment on the tower—or its base station (i.e., a building at the base of the tower that houses equipment associated with the telecommunications facility) that do not substantially change the physical dimensions of the tower or base station.
iii.
Conditions Applicable to All Telecommunications Facilities
All telecommunications facilities, including collocated facilities and monopole telecommunication towers, shall comply with the following conditions:
01.
No telecommunications tower, antenna, or supporting equipment shall disturb or diminish radio, television, telecommunication, or similar reception.
02.
No signage shall be allowed on any tower, antennae, accessory structure, or equipment except that provided for in Sec. 16-5-114, Sign Standards.
iv.
Additional Conditions for Collocated Telecommunications Facilities
Telecommunication antennas may be collocated on existing telecommunications towers, water tanks, electrical transmission towers, or similar utility structures, or mounted on non-single-family or mixed-use principal buildings subject to the following conditions:
01.
Any ground-based equipment shall be placed within an existing equipment building or screened in accordance with Sec. 16-4-102.B.2.e.vi.05.
02.
Any antenna mounted on a building facade visible from a public right-of-way or residentially-zoned land shall be painted or otherwise camouflaged to minimize its appearance.
v.
Timely Action on Telecommunications Facility Applications
The Town shall process all applications for a telecommunications facility in a timely manner in accordance with the review procedures in Chapter 16-2: Administration, and shall make a decision on such applications within a reasonable period of time after the application is submitted (see Sec. 16-2-102.C, Application Submittal), taking into account the nature and scope of the application. Specifically, the Town shall decide all applications for collocation of a telecommunications facility on an existing telecommunications tower or other existing structure within 90 days after acceptance of an application, and shall decide applications for telecommunications towers within 90 days after acceptance of a complete application.
vi.
Additional Conditions for Monopole Telecommunication Towers
Monopole telecommunication towers, whether as a principal or accessory use, shall be reviewed by the Design Review Board, and shall comply with the following conditions:
01.
Height
The maximum overall height of the tower and all associated equipment shall be 180 feet above grade.
02.
Collocation
(A)
New towers shall be designed to accommodate the present and future needs of the owner and at least two comparable users.
03.
Lighting
All towers with a height of 150 feet or more shall be lighted. Lighting shall be in accordance with FAA Advisory Circular AC 70/7460-1K (and all future updates) and FAA Advisory Circular AC 150/5345-43E (and all future updates) and shall be red strobe lights (L-864) at night and medium-intensity flashing white lights (L-865) during daylight and twilight use unless otherwise required by the FAA. No general illumination shall be permitted. All commercial communication towers approved by the Town and by the South Carolina State Historic Preservation Office prior to February 3, 2009 and operating in conformance with those approvals shall be deemed to be a lawful nonconforming use and structure and are not subject to these lighting requirements. Status as a lawful nonconforming use or structure under this provision shall terminate upon the expiration or revocation of a commercial communication tower's permit or upon any modification to the height of the tower.
04.
Setbacks
(A)
The tower shall be set back from all major arterials, the OCRM critical line, and the OCRM base line by a minimum distance of 70 feet.
(B)
The tower shall be set back from all minor arterials by a minimum distance of 50 feet.
(C)
The tower shall be set back from all other streets by a minimum distance equal to the fall zone of the tower plus twenty feet.
(D)
The minimum setback from a street required by (A) through (C) above may be reduced where it is demonstrated that the tower would be screened from the view of motorists on the adjacentstreet if located at the reduced setback—provided that the setback shall not be reduced to a distance within the fall zone of the tower.
(E)
The minimum setback from a street required by (A) through (C) above may be reduced by up to 35 percent in all Residential (RSF- and RM-) districts, and the CR, SPC, CC, MS, WMU, S, and LC Districts, on demonstration to the Official that:
(1)
The reduction is consistent with the character of development on surrounding land;
(2)
Development resulting from the reduction is consistent with the purpose and intent of the tower setback standards;
(3)
The reduction either (a) is required to compensate for some unusual aspect of the site or the proposed development, or (b) results in improved site conditions;
(4)
The reduction will pose a danger to the public health or safety;
(5)
Any adverse impacts directly attributable to the reduction are mitigated;
(6)
The reduction, when combined with all previous reductions allowed under this provision, does not result in a cumulative reduction greater than 30 percent in the S District, 20 percent in the RD and IL Districts, or 15 percent in all other districts;
(7)
The setback exceeds the fall zone of the tower; and
(F)
The tower shall be set back from all adjacentuses by a minimum distance of 50 feet.
(G)
The tower shall be set back from any structures located on the subject property outside the tower and associated equipment area by a minimum distance of 50 feet, unless the landowner waives this requirement in writing.
05.
Screening
The tower and its associated equipment areas shall be surrounded by a fence or wall with a minimum height of seven feet and a 15-foot-wide vegetated area outside the fence or wall. Equipment and equipment buildings shall not be required to be set back from fencing surrounding the compound. The Design Review Board may waive this requirement upon finding existing vegetation or other screening techniques will provide more effective screening.
vii.
Discontinued Use
If a telecommunications facility is not used for a period of six consecutive months, the Official shall provide the facility owner notice indicating that the facility must be removed within six months from the date of notice. An interruption of operations due to repair work on the facility shall not be deemed a cessation of the telecommunications facility use.
i.
A bed and breakfast shall contain no more than ten guest rooms.
ii.
In the CR District, there shall be no guest rooms located on the first floor of any bed and breakfast unless there are commercial services uses located between the street and the proposed bed and breakfast rooms.
i.
Hotels located in the CR District shall have guest rooms with gross floor area no smaller than 100 square feet. Such rooms shall not be located on the first floor of any hotel unless there are commercial services uses located between the street and the proposed hotel rooms.
(Revised 5-17-2016 - Ordinance 2016-07)
ii.
Hotels in the LC, MS and S Districts shall not have direct vehicular access to a major arterial.
i.
In the CR, SPC, MS, WMU, MF, MV, and RD Districts, a contractor's office shall not have any outdoor storage.
ii.
In the CC, NC, S, and LC Districts, outdoor storage shall be fully screened.
iii.
In the LC District, a contractor's office with outdoor storage shall not have direct vehicular access to a major arterial.
i.
Types of Adult Entertainment Uses
An adult entertainment use is classified as follows (see definitions in Section 10-7-20 of the Municipal Code):
01.
Adult arcades.
02.
Adult bookstores or adult video stores.
03.
Adult cabarets.
04.
Adult motion picture theaters.
05.
Nude dancing establishments.
06.
Nude model studios
07.
Sexual encounter centers.
08.
Other similar uses or businesses.
ii.
Locational Restrictions
An adult entertainment use shall comply with the following locational restrictions:
01.
It shall not be operated within 750 feet of:
(A)
A religious institution;
(B)
Publicly owned land;
(C)
The boundaries of a residential (RSF-, RM-) zoning district;
(D)
A daycare or youth activity center, public or private elementary or secondary school; or
(E)
Another adult entertainment use.
02.
This distance shall be measured as the length of an imaginary straight line between the two closest points of the perimeter boundary of the property on which any adult entertainment use is located, and the perimeter boundary of the property on which any use from which the separation is required (see provision 01 above).
03.
An adult entertainment use shall not be approved or established if any part of the property on which the adult entertainment use is located has any frontage on a major arterial as defined in Sec. 16-5-105.B, Street Hierarchy.
iii.
Additional Exhibition-Related Requirements
A person who operates, or causes to be operated, an adult entertainment use that exhibits on the premises, in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction that depicts specified sexual activities or specified anatomical areas, shall comply fully with the applicable portions of Section 10-7-30 of the Municipal Code, but shall additionally comply with the following requirements:
01.
Upon application for an adult entertainment permit or license, the application shall be accompanied by a diagram of the premises showing a plan specifying:
(A)
The location of one or more manager's stations that does not exceed 32 square feet in area and that is designed so there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms.
(B)
The location of all overhead lighting fixtures.
(C)
Areas on the premises designating where patrons will be permitted.
(D)
Areas within the premises where the permit will be conspicuously posted, if granted.
(E)
The location within the premises that will be equipped with overhead lighting fixtures with illumination of not less than one foot-candle as measured at the floor level.
02.
Assurances shall be provided by the owner(s) and operator(s) of the premises that:
(A)
At least one employee will be on duty and situated in each manager's station at all times that any patron is present inside the premises.
(B)
They and any agents and employees present will ensure that the viewing area remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times, and that no patron is permitted access to any area of the premises that is designated as an area where patrons are not permitted.
(C)
No patron viewing room will be occupied by more than one person at any time.
(D)
The illumination of the lighting in the plan is maintained at all times that any patron is present in the premises.
03.
A professionally prepared diagram in the nature of an engineer's or architect's blueprint is not required. However, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches.
04.
The Official may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared and approved in accordance with this Ordinance and the Municipal Code.
05.
No alteration in the configuration or location of a manager's station shall be made without the prior approval of the Official.
06.
Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations.
07.
A person having a duty under this subparagraph commits a misdemeanor if that person knowingly fails to fulfill that duty.
iv.
Exemptions
01.
Any adult entertainment use lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a religious institution, public land, residential district, daycare or youth activity center, or public or private elementary or secondary school within 750 feet. This provision applies only to the renewal of a valid permit or license, and does not apply when an application for a permit or license is submitted after a permit or license has expired or has been revoked, or to an application for a new adult entertainment use.
02.
Exempted from the provision of this section, and prosecution in accordance with the provisions of this Ordinance are persons in a state of nudity or semi-nudity appearing in a modeling class operated:
(A)
By a proprietary school licensed by the State of South Carolina or a college, junior college or university supported entirely or partly by taxation;
(B)
By a private college or university that maintains and operates educational programs where credits are transferable to a college, junior college, or university supported entirely or partly by taxation, or any other school defined and regulated by Title 59 of S.C. Code Ann.; and
(C)
In a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and where, in order to participate in a class, a student must enroll at least three days in advance of the class; and where no more than one nude model is on the premises at one time.
A boarding facility, grooming facility, pet store, or veterinary hospital shall comply with the following conditions:
i.
Those parts of structures in which animals are received (e.g., receiving area), boarded (e.g., cages, pens, kennels), groomed, treated (e.g., treatment rooms, recovery rooms), or bred (e.g., mating, birthing, and nursing areas) shall be fully enclosed and sufficiently insulated so no unreasonable noise or odor can be detected off the premises.
ii.
Runs or areas for the training or periodic exercise of animals may be located outside provided:
01.
They are not used for regular boarding of animals;
02.
They are not used between the hours of 10:00 p.m. and 8:00 a.m.; and
03.
A Type D buffer (see Section Sec. 16-5-103.F, Buffer Types) is provided between the animal services use and a lot line.
A bicycle shop shall comply with the following conditions.
i.
Outdoor storage for bicycle shops includes the storage of bicycles and all bicycle accessories.
ii.
Bicycle processing, which includes the loading, unloading and washing of bicycles, is not considered outdoor storage. The location for the bicycle processing shall be identified on a site plan and approved by staff.
iii.
Vegetation, fences, or walls shall be installed to screen outdoor storage areas.
iv.
Each outdoor storage area shall be incorporated into the overall design of the principal structure on the site.
v.
In the S District, a bicycle shop shall not have direct vehicular access to a major arterial.
(Revised 12-5-2017 - Ordinance 2017-19; revised 3-7-2023 - Ordinance 2023-04)
A convenience store shall comply with the following conditions:
i.
The site shall have direct vehicular access to a minor arterial in accordance with Sec. 16-5-105.B, Street Hierarchy. There shall not be direct vehicular access onto a major arterial.
ii.
Convenience stores located in the RM-4 District shall not have a maximum gross floor area of more than 1,200 square feet.
iii.
Convenience stores located in the MF District shall not have a maximum gross floor area of more than 3,000 square feet.
In the CR, MS, WMU, S, MF, MV, IL, NC, and RD Districts, an eating establishment shall not have drive-through service.
Landscape businesses that involve frequent deliveries by large trucks or substantial outdoor storage areas for equipment or nonliving landscaping materials shall not have frontage on a major arterial.
A liquor store shall comply with the following locational restrictions:
i.
It shall not be located within 500 feet of an existing liquor store; and
ii.
It shall not be located within 200 feet of:
01.
A religious institution; or
02.
The boundary of a residential (RSF- or RM-) district; or
03.
A public or private elementary or secondary school.
iii.
These distances shall be measured as the length of an imaginary straight line between the two closest points of the perimeter boundary of the property on which any liquor store is located, and the perimeter boundary of the property on which any use from which the separation is required (see provision i above).
A nightclub or bar shall comply with the following locational restrictions:
i.
It shall not be located within 200 feet of:
01.
A religious institution:
02.
A public or private elementary or secondary school; or
03.
The boundary of a residential (RSF- or RM-) district.
ii.
These distances shall be measured as the length of an imaginary straight line between the two closest points of the perimeter boundary of the property on which any nightclub or bar use is located, and the perimeter boundary of the property on which any use from which the separation is required (see provision i above).
iii.
In the S District, a nightclub or bar shall not have direct vehicular access to a major arterial.
Open air sales shall comply with the following conditions.
i.
Temporary open air sales shall comply with all of the requirements of Sec. 16-4-104, Temporary Uses and Structures.
ii.
Open air sales that are not considered temporary uses in accordance with Sec. 16-4-104, Temporary Uses and Structures, shall occur only out of a structure that is allowed by this Ordinance.
A shopping center shall comply with the following conditions:
i.
The site shall have direct vehicular access to a major or minor arterial, in accordance with Sec. 16-5-105.B, Street Hierarchy.
ii.
Shopping centers located in the MF District shall not have a maximum gross floor area of more than 100,000 square feet.
A tattoo facility shall comply with the following locational restrictions:
i.
The site shall not be located within 500 feet of an existing tattoo facility; and
ii.
The site shall not be located within 1,000 feet of:
01.
A religious institution; or
02.
A daycare or youth activity center or public or private elementary or secondary school; or
03.
A playground; or
04.
A place that is provided by the public for recreation; or
05.
Publicly owned land.
iii.
This distance shall be measured as the length of an imaginary straight line between the two closest points of the perimeter boundary of property on which any tattoo facility use is located, and the perimeter boundary of the property on which any use from which the separation is required.
An auto rentals use in the CR, SPC, WMU, MV and RD Districts shall comply with the following conditions:
i.
The auto rental use shall be co-located with a Resort Accommodation use.
ii.
No more than ten rental vehicles shall be stored on the site at any one time.
An auto repair use shall comply with the following conditions:
i.
The site shall not be located within 200 feet of the boundary of a residential (RSF- or RM-) district. This distance shall be measured as the length of an imaginary straight line between the two closest points of the perimeter boundary of property on which any auto repair use is located, and the perimeter boundary of the property on which any use from which the separation is required.
ii.
Repair and storage of all vehicles shall occur within an enclosed building. Temporary outdoor vehicle storage may be allowed in an outdoor storage area located behind or to the side of the principal structure that is screened from public view.
iii.
All automobile parts and similar materials shall be stored within an enclosed building or totally screened from view by an opaque or privacy fence.
In the S District, a car wash shall not have direct vehicular access to a major arterial.
Commercial parking lots shall comply with the following conditions:
i.
No sale, display, storage, repair, servicing or dismantling of any vehicles, equipment or merchandise shall occur in the parking lot.
ii.
The parking of vehicles awaiting service or repair shall not occur in the parking lot.
(Revised 4-18-2017 - Ordinance 2017-05)
A gas station shall comply with the following conditions:
i.
The site shall have direct vehicular access to a minor arterial or other street, in accordance with Sec. 16-5-105.B, Street Hierarchy. No direct vehicular access to a major arterial shall be permitted.
ii.
The site shall be located at either:
01.
a signalized intersection; or
02.
the intersection of at least two streets, one of which shall be a minor arterial.
iii.
If the site is within 500 feet of an intersection of any street with a major arterial, there shall be a traffic signal at that intersection. The distance shall be measured from the center line of the closest vehicular access on the property where the gas sales use is located, and shall be measured along the centerline of the travel lane of the street providing the shortest route to the intersection, and shall be measured to the closest point along the right of way line at the intersection.
iv.
No more than two uses offering gas sales shall be located at the intersection of a major arterial with a minor arterial. The two uses shall be located on opposite sides of the major arterial.
v.
No more than 16 pumps (defined as a fueling area for an individual vehicle) shall be permitted at a gas sales establishment.
vi.
No signs shall be located on any canopy over the pumps.
(Revised 4-18-2017 - Ordinance 2017-05)
f. Watercraft Sales, Rental or Service
i.
In the WMU and MV Districts, watercraft sales, rentals, or services shall be located at the site of a boat ramp, docking facility, or marina.
ii.
In the LC District, watercraft sales, rentals, or services shall not have direct vehicular access to a major arterial.
(Revised 4-18-2017 - Ordinance 2017-05)
All facility operations, including but not limited to, operating trucks and other equipment, loading and unloading of logs and materials, and grinding must comply with the decibel levels as stated in Title 17 (Noise Control) of the Municipal Code of the Town of Hilton Head Island. Additionally, all grinding uses in the IL district shall comply with the following conditions:
i.
Locational Restrictions
A grinding use shall comply with the following locational restrictions:
01.
It shall not be located within 200 feet of the boundary of an RM-4, RM-8 or PD-1 zoning district.
02.
These distances shall be measured as the length of an imaginary straight line between the two closest points of the perimeter boundary of the property on which any grinding use is located, and the perimeter boundary of the property on which any use from which the separation is required.
ii.
The minimum acreage for a grinding use shall be four net acres.
iii.
The site shall not have direct vehicular access onto a major or minor arterial.
The above conditions do not apply to properties located within the PD-1 zoning district.
b. Light Industrial, Manufacturing, and Warehouse Uses
Light Industrial, manufacturing, and warehouse uses in the LC District shall comply with the following conditions:
i.
No outdoor storage shall be permitted unless the outdoor storage is fully screened.
ii.
There shall be no frontage on a major arterial.
c. Seafood Processing Facilities
A seafood processing facility shall have direct boat access to a navigable waterway.
Self-service storage facilities shall comply with the following conditions:
i.
The only uses allowed on-site shall be the rental of storage bays, the pickup and deposit of goods or property in dead storage, the rental of two-axle moving trucks and trailers, and limited incidental sales of storage and moving materials (e.g., boxes, tape).
ii.
Storage bays shall not be used to manufacture, fabricate, or process goods, to service or repair vehicles, small engines or electrical equipment, or conduct similar repair activities, to conduct garage sales or retail sales of any kind, or to conduct any other commercial or industrial activity on the site.
(Revised 5-17-2016 - Ordinance 2016-07; revised 8-18-2020 - Ordinance 2020-19)
a. Boat Ramps, Docking Facilities, and Marinas
i.
A boat ramp, docking facility, or marina in the CON District shall be associated with an approved use in the adjacent zoning district.
ii.
A boat ramp is allowed in the RSF-3, RSF-5, RM-4, or RM-8 District only if the purpose is to serve the adjacent neighborhoods.
(Ord. No. 2015-23, 11-3-2015)
Sec.16-4-103. - Accessory Uses and Structures
A. Purpose
This section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses. Specific accessory uses are also considered incidental and subordinate accessory uses, if they comply with all relevant provisions of this Ordinance. The purpose of this section is to allow a broad range of accessory uses, so long as such uses are located on the same site as the principal use and comply with the standards set forth in this section to reduce potentially adverse impacts on surrounding lands, and all requirements under this Ordinance for the principal use to which it is accessory, and all other relevant provisions of this Ordinance.
1.
Any use that is customarily incidental and subordinate to a principal use on the same lot is allowed as an accessory use to the principal use, and any structure that is detached from a principal structure on the same lot and incidental and subordinate in use and size to the principal structure and the principal use of the lot is allowed as an accessory structure to the principal structure and use. The Accessory Use/Structure Table in Sec. 16-4-103.D.2 does not list all allowable accessory uses and structures. If a use or structure proposed as an accessory use or structure is not listed in the Accessory Use/Structure table, the characteristics of the particular use or structure relative to the principal use or structure will be considered to determine if the use or structure is an allowable accessory use or structure.
2.
Sec. 16-4-103.C, General Standards for All Accessory Uses and Structures, establishes general standards that apply to all allowed accessory uses and structures. Sec. 16-4-103.D.2, Accessory Use/Structure Table, shows whether certain types of accessory uses or structures are permitted or prohibited within the various zoning districts. Sec. 16-4-103.E, Use-Specific Conditions for Accessory Uses and Structures, establishes conditions that apply to certain types of accessory uses or structures regardless of the zoning district in which they are allowed, unless expressly stated to the contrary.
C. General Standards for All Accessory Uses and Structures
1.
An accessory use or structure shall not be established or constructed before the establishment or construction of the principal use or structure.
2.
If the principal use or structure is destroyed or removed, and is not rebuilt or replaced within 24 months after the date of the destruction or removal, the accessory use or structure shall no longer be allowed.
D. Accessory Use/Structure Table
1. Abbreviations Used In Accessory Use/Structure Table
a.
In the table designating the zoning districts in which an accessory use or structure is allowed, the following abbreviations apply:
i.
A "P" indicates that the use or structure is allowable as an accessory use or structureby right in the corresponding zoning district, subject to compliance with Sec. 16-4-103.C, General Standards for All Accessory Uses and Structures, and all other applicable regulations of this Ordinance.
ii.
A "PC" indicates that the use or structure is allowable as an accessory use or structure in the corresponding base zoning district, subject to compliance with Sec. 16-4-103.C, General Standards for All Accessory Uses and Structures, Sec. 16-4-103.E, Use-Specific Conditions for Accessory Uses and Structures, and all other applicable regulations of this Ordinance.
iii.
A blank cell indicates that the use or structure is prohibited as an accessory use or structure in the corresponding zoning district.
E. Use-Specific Conditions for Accessory Uses and Structures
Amateur radio (ham radio) antennas shall comply with the following conditions:
a.
The antenna shall not exceed a height of 150 feet above grade.
b.
An antenna attached to a principal structure shall be located on a side or rear elevation of the structure.
c.
A freestanding antenna shall be located to the rear of the principal structure on the lot, but shall be set back from any lot line by a distance equal to or exceeding its height and shall not be located within a required minimum setback or buffer.
d.
The Official may grant modifications of the above standards if the amateur radio operator can satisfactorily demonstrate that the modification is necessary to reasonably accommodate the operator's amateur radio communications needs, as guaranteed by federal law.
(Revised 4-18-2017 - Ordinance 2017-05; revised 5-2-2023 - Ordinance 2023-06)
Home occupations are allowed as accessory to a dwelling unit in accordance with the following conditions:
a.
The home occupation is conducted entirely within a single-family dwelling or integral part thereof and has no outside storage of any kind related to the home occupation or in the case where activities take place away from the dwelling such activities are in full compliance with the provisions of this Ordinance.
b.
The home occupation is clearly incidental and secondary to the principal use of the dwelling. It shall not occupy an area exceeding 25 percent of the gross floor area of the dwelling unit.
c.
The home occupation is conducted only by persons residing on the premises (nonresident employees are not permitted).
d.
The home occupation does not necessitate or cause the exterior appearance of any structure to be other than residential and is not disruptive of the residential character of the neighborhoods.
e.
There is no advertising of the home occupation on the site.
f.
The home occupation creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, unhealthy or unsightly condition, traffic or parking problem.
4. Outdoor Display and Sale of Merchandise
Where the outdoor display and sales of merchandise is allowed as accessory to commercial service uses and wholesale sales establishments, it shall comply with the following conditions, which are intended to allow such outdoor display and sales to the extent it does not impede the flow of pedestrian or vehicular traffic or create an unsafe condition:
a.
Outdoor display/sales areas shall be depicted on any Site Plan for the principal use.
b.
All outdoor display of goods shall be located immediately adjacent to the front or side of the principal building, and not in drive aisles, loading zones, fire lanes, or parking lots.
c.
Outdoor display/sales areas shall be limited to no more than one-half of the length of the front or side of the principal building. In the case of a multitenant building, outdoor display/sales areas for each tenant shall not exceed one-half the length of the front of that part of the building used by the tenant.
d.
Outdoor display/sales areas shall be located to maintain a clearance area in front of primary building entrances for a depth of at least ten feet, projected straight out from the width of entrance doors.
e.
An obstruction-free area at least five feet wide shall be maintained through the display/sales area or between it and adjacent parking areas for the length of the front building facade, so as to allow pedestrians and handicapped persons to safely and conveniently travel between parking areas or drive aisles to the building, or along the front of the building, without having to detour around the display/sales area.
f.
No goods shall be attached to a building's wall surface.
g.
The height of the outdoor display shall not exceed six feet.
5. Outdoor Storage (as an accessory use)
Outdoor storage may be allowed as an accessory use in accordance with the following conditions:
a.
Each outdoor storage area shall be incorporated into the overall design of the principal structure on the site, and shall be located to the side or rear of the principal structure.
b.
Each outdoor storage area shall be screened from view from all property lines and adjacent rights-of-way by any combination of an opaque fence, wall, or landscaped berm that is at least six feet high.
c.
Materials in outdoor storage areas shall not be stored higher than the height of the primary structure.
Satellite dishes are allowed as accessory to any principal use or structure, provided they are no more than 39 inches in diameter.
7. Small Wind Energy Conversion (WEC) System
Small-scale wind energy conversion (WEC) systems are allowed as accessory to any principal use or structure in accordance with the following conditions.
i.
Tower-mounted WEC systems shall not be located within a minimum required setback. On beachfront properties, a tower-mounted WEC system shall not be located between a principal structure and the beach.
ii.
A small WEC system shall be set back a distance equal to its total extended height (e.g., if on a roof, roof height plus the height of any tower extending from the roof) plus five feet from all property lines, public street rights-of-way, and overhead utility lines. Guy wires and other support devices shall be set back at least five feet from all property lines.
The maximum extended height of a small WEC system shall be the maximum height allowed in the zoning district plus 70 feet—provided that on beachfront properties, a small WEC system shall extend no more than 15 feet above the height of the structure.
The blade tip or vane of any small WEC system shall have a minimum ground clearance of 15 feet, as measured at the lowest point of the arc of the blades. No blades may extend over parking areas, public right of ways, driveways, or sidewalks.
Solar collection devices are allowed as accessory to any principal use or structure in accordance with the following conditions:
a.
The system may be located on the roof of a principal or accessory structure, on the side of such structures, on a pole, or on the ground.
b.
The system shall comply with all the requirements of this Ordinance, except that the maximum height standards for the zoning district may be varied by up to eight feet for a roof-mounted system if it can be demonstrated that the system needs to be extended above the height limit to properly operate.
c.
The system shall not be located within a required minimum setback or buffer.
9. Telecommunications Facility, Collocated
Telecommunications facilities collocated on an existing telecommunications tower or other existing building or structure are allowed as accessory to such tower, building, or structure in accordance with the applicable standards in Sec. 16-4-102.B.2.e, Telecommunications Facilities.
Sec.16-4-104. - Temporary Uses and Structures
A. Purpose
This section allows for the establishment of temporary uses and structures of limited duration, provided that such uses and structures do not negatively affect adjacent land, are discontinued upon the expiration of a set time period, and do not involve the construction or alteration of any permanent building or structure.
Sec. 16-4-104.C, General Standards for All Temporary Uses and Structures, establishes general standards that apply to all temporary uses and structures. Sec. 16-4-104.D, Use-Specific Conditions for Temporary Uses and Structures, establishes conditions that apply to certain types of temporary uses or structures regardless of the zoning district in which they are allowed unless expressly stated to the contrary. Sec. 16-4-104.D, does not list all allowable temporary uses and structure. If a use or structure proposed as a temporary use or structure is not listed in Sec. 16-4-104.D, the characteristics of the particular use or structure will be considered to determine if the use or structure is an allowable temporary use or structure.
C. General Standards for All Temporary Uses and Structures
Unless otherwise specified in this Ordinance, any temporary use or structure shall:
1.
Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.
2.
Be compatible with the principal uses taking place on the site.
3.
Not include permanent alterations to the site, including tree removal.
4.
Meet all the buffer and setback requirements of the underlying base and overlay zoning districts.
5.
Not violate the applicable conditions of approval that apply to a site or a use on the site.
6.
Not interfere with the normal operations of any permanent use located on the property.
7.
Not cause the elimination of required off-street parking.
8.
Be located on a site containing sufficient land area to allow the temporary use or structure to occur and accommodate associated pedestrian, parking, and traffic movement without disturbing environmentally sensitive lands.
9.
In addition, temporary pervious parking will be required if sufficient parking does not exist on the site.
D. Use-Specific Conditions for Temporary Uses and Structures
1. Construction/Storage Trailer
a.
A contractor's construction/storage trailer, including any associated parking area, may be approved by the Official in conjunction with any approved development project for which a Building Permit has been issued, or a Minor Development Plan has been approved (if no Building Permit is required).
b.
The trailer shall be located on the same site as the permitted project, and shall be removed within one month of issuance of a final Certificate of Occupancy for the project.
2. Construction Staging and Storage
Construction staging and storage of equipment and materials is permitted as a temporary use provided that it is located on the site of the approved project or in close proximity or adjacent to the approved project site if it can be demonstrated that it cannot be located on site. When the construction is not in conjunction with any approved Development Plan Review or Subdivision, the staging and storage shall be permitted on a case by case basis as approved by the Official, considering the following criteria and requirements:
a.
Adequate parcel size to accommodate the staging needs without impacts to buffers or protected natural resources.
b.
Property owner's notarized consent.
c.
The proposed use, anticipated noise levels of equipment and types of materials to be stored are all compatible with the adjacent uses.
d.
It is demonstrated the site shall have adequate vehicular access for deliveries and emergencies.
e.
Staging and storage will not interfere with vehicular access or take up any required off-street parking for the site.
f.
Staging and storage will be in an existing cleared area available for use (no tree removal shall be allowed for the purpose of construction staging).
g.
There is demonstration that measures will be taken to adequately protect the trees on the site.
h.
A sediment and erosion control plan is prepared and approved, if deemed necessary.
i.
Equipment and materials are removed prior to receiving Final Certificate of Compliance for the project, or if a Certificate of Compliance is not required, within two weeks of final completion of the project.
j.
Screening of the construction staging or storage area may be required at the discretion of the Official.
3. Fairs, Carnivals, and Public Gatherings
Fairs, carnivals and other major public gatherings are allowed for up to three consecutive days on sites associated with an adjacent institutional or educational use.
4. Farmers' Market (as a temporary use)
A farmers' market may operate as a temporary use in accordance with the following conditions:
a.
The market shall operate on a regular basis for no more than nine months per year on a single site.
b.
Market sales shall be limited to the retail sale of fresh fruits and vegetables, herbs, mushrooms, nuts, honey, raw juices, molasses, dairy products, eggs, poultry, meats, fish, shellfish, fresh-cut or dried flowers, nursery stock, seedlings, plants, and other agriculture, aquaculture, and horticulture products produced by the vendor/producer, including the sale of products made by the vendor/producer from such agriculture, aquaculture, and horticulture products (e.g., baked goods, jams and jellies, juices, cheeses), incidental sales of crafts or similar home-made products made by the vendor/producer, and food and beverages from local restaurants and vendors.
c.
The market shall provide adequate ingress, egress, and off-street parking areas.
d.
Items for sale may not be displayed or stored within customer pathways.
e.
The market shall comply with applicable signage standards in Sec. 16-5-114, Sign Standards.
A single model sales home/unit may be located on a new development site and temporarily used for sales or leasing uses associated with the development, subject to the following conditions:
a.
A model sales home shall be located on a lot or building site approved as part of the development, and a model sales unit shall be located within a building approved as part of the development.
b.
Adequate off-street parking for the real estate sales/leasing use of the model sales home/unit shall be provided, in accordance with the minimum standards for the number of off-street parking spaces in Sec. 16-5-107, Parking and Loading Standards.
c.
Upon termination of the temporary real estate sales/leasing use of a model sales home/unit, the home/unit shall be converted into a permanent permitted use, replaced with a permanent permitted use, or removed, and any excess parking shall be removed and landscaped in accordance with the requirements of this Ordinance.
6. Outdoor Seasonal Sales of Christmas Trees and Pumpkins
A merchant may display and sell Christmas trees and pumpkins on a temporary basis, without establishing a permanent place of business, subject to the following conditions. [Note: The outdoor display and sale/rental of goods as accessory to an already established business is subject to the provisions of Sec. 16-4-103.E.5, Outdoor Storage (as an accessory use).]
a.
The property contains an area not currently used that will support the proposed temporary sale of Christmas trees or pumpkins without encroaching into or creating a negative impact on existing vegetated areas, open space, landscaping, trees, traffic movements, parking-space availability, or pedestrian access.
b.
The display of the Christmas trees or pumpkins shall not occur in the public right-of-way.
c.
Any tent or other temporary structure shall be located so as not to interfere with the normal operations of any permanent use located on the property.
d.
The temporary display or sale of the Christmas trees or pumpkins shall not cause interference with the movement of emergency vehicles to such an extent that adequate police, fire, or other emergency services cannot be provided.
e.
The sales activity shall not last longer than 45 days.
f.
The vendor, with the approval of the Official, may use a recreational vehicle to live on the site.
Parking lot/sidewalk sales are allowed for up to three consecutive days, provided no required off-street parking is eliminated and there is safe pedestrian flow.
Shipping containers are allowed only on a temporary basis and must be tied to a Building Permit.
a.
Temporary tents may be utilized on any property for no more than four days per week.
b.
Tents used in connection with an approved Open Air Sales Permit may be used for the duration of the permit. Tents may be erected two days before the start of the open air sale and shall be removed within two days of the conclusion of the sale.
c.
Temporary tents located on hotel property and used for a convention may be utilized on that property for no more than 14 consecutive days. The location must be approved by the Official for compliance with the buffer standards and for adequate parking.
d.
Temporary tents approved in connection with a Special Event Permit or located at parks may be utilized for the duration of the permit and are exempt from the time restrictions of this section.
Sec. 16-4-105. - Workforce Housing (WFH) Program
A. Workforce Housing Density
All Units:
1.
Commercial conversion projects that include at least 20% workforce housing units will be eligible for incentives as described in Sec. 16-10-102B.1, including:
a.
A reduction in minimum unit sizes by 30% and;
b.
Up to 50% of the units in the development may be micro-efficiency and/or studio units.
2.
In the RM-4 District:
a.
A density bonus up to 100% above the base residential density standards is permitted if 50% of all units within the development are workforce housing units.
b.
A density bonus up to 50% above the base residential density standards is permitted if 25% of all units within the development are workforce housing units.
c.
The maximum density permitted in any workforce housing development is 12 units per acre.
(Revised 2-16-2021 - Ordinance 2021-02)
B. Standards for Workforce Housing Units
All Units:
1.
For development that contains both market-rate and workforce housing units, the workforce units shall be mixed with, and not clustered together or segregated in any way from, market-rate units. If the development contains a phasing plan, the phasing plan shall provide for the development of workforce units concurrently with the market-rate units.
2.
The workforce housing units shall include a range of unit sizes, based on the number of bedrooms, which are comparable to units in the overall development.
3.
The exterior appearance of workforce housing units must be compatible and comparable with the rest of the units in the development by providing similar architectural style and similar exterior building materials, finishes, and quality of construction.
4.
Prior to the issuance of a building permit for any units in a workforce housing development, the applicant shall execute any and all documents required by the Town, including, without limitation, restrictive covenants, deed restrictions, and related instruments to ensure affordability of workforce housing units in accordance with this Section.
Owner-occupied Units:
1.
Developers shall enter into a Workforce Housing Agreement with the Town of Hilton Head Island, or its designee. Following execution of the agreement by all parties, the completed Workforce Housing Agreement, or memorandum thereof, shall be recorded and the conditions therefrom filed and recorded on the parcel or parcels designated for the construction of workforce housing units. The Workforce Housing Agreement shall be binding to all future owners and successors in interest. The agreement shall be in a form reviewed and approved by the Administrator.
a.
The agreement, at a minimum, shall establish the number of workforce housing units including their square footage, number of bedrooms, and location within the development. The agreement will also include terms and conditions of affordability, resale provisions, and other standards as set forth in Sec. 16-4-105.
b.
Owner-occupied workforce housing units that are provided under Sec. 16-4-105 are subject to a Workforce Housing Agreement and shall remain as workforce housing for a minimum of 30 years from the date of initial certificate of occupancy.
c.
A certificate of occupancy will not be issued until complete certified and recorded copies of the Workforce Housing Agreement have been provided to the Town.
2.
Restrictive covenants for workforce housing units subject to the provisions of Sec. 16-4-105 shall be filed that require compliance with the following:
a.
Owner-occupied workforce housing units shall only be sold to households earning 80 to 100% of the most recently published HUD area median income (AMI) for Beaufort County.
b.
Owner-occupied workforce housing units shall remain in the WFH Program for a minimum of 30 years from the date of the initial certificate of occupancy.
c.
Prior to the sale of an owner-occupied workforce housing unit, the Town, or its designee, shall be notified of the owner's intent to place the unit for sale and a Certificate of Eligibility (COE) shall be submitted by the potential buyer.
d.
The workforce housing unit may be subject to a homeowners association (HOA). HOA dues for workforce housing units shall be a maximum of 75% of the HOA dues owed by market-rate unit owners.
Rental Units:
1.
The Town will not issue a certificate of occupancy for any building that contains both market-rate and workforce housing rental units unless the development has complied with the workforce housing provisions as outlined in this Section.
2.
The designation of a rental workforce housing unit is not required to stay with the same unit over the 30 year affordability period so long as the minimum number and type of workforce units are provided within the development.
3.
Developers shall enter into a Workforce Housing Agreement with the Town of Hilton Head Island, or its designee. Following execution of the agreement by all parties, the completed Workforce Housing Agreement, or memorandum thereof, shall be recorded and the conditions therefrom filed and recorded on the parcel or parcels designated for the construction of workforce housing units. The Workforce Housing Agreement shall be binding to all future owners and successors in interest. The agreement shall be in a form reviewed and approved by the Administrator.
a.
The agreement, at a minimum, shall establish the number of workforce housing units including their square footage, number of bedrooms, and location within the development. The agreement will also include terms and conditions of affordability, rental rate provisions, and other standards as set forth in Sec. 16-4-105.
b.
The agreement shall include a provision requiring the owner(s) of rental workforce housing units to submit annually a sworn affidavit to the Town, or its designee, certifying that the rental rate(s) meets the requirements of Sec. 16-4-105.F.
c.
Rental workforce housing units that are provided under Sec. 16-4-105 are subject to a Workforce Housing Agreement and shall remain as workforce housing for a minimum of 30 years from the date of initial certificate of occupancy.
d.
A certificate of occupancy will not be issued until complete certified and recorded copies of the Workforce Housing Agreement have been provided to the Town.
4.
Restrictive covenants for workforce housing units subject to the provisions of Sec. 16-4-105 shall be filed that require compliance with the following:
a.
Rental workforce housing units shall only be rented to households earning 60 to 80% of the most recently published HUD AMI for Beaufort County.
b.
Rental workforce housing units shall remain in the WFH Program for a minimum of 30 years from the date of the initial certificate of occupancy.
c.
Rental workforce housing units shall not be occupied for a period less than 90 days.
C. Workforce Housing Income and Employment Regulations
All Units
1.
Eligible households shall meet the income requirements of this Section and have at least one person who is employed by a lawfully licensed business located within the Town of Hilton Head Island.
Owner-occupied Units:
1.
The eligibility of a household for a potential owner-occupied workforce housing unit shall be determined upon submittal of a Certificate of Eligibility (COE) to the Town, or its designee, verifying that the applicable income and employment regulations of this Section are met.
2.
Per Sec. 16-8-102, failure to submit the required documentation prior to change in ownership shall constitute a violation of the restrictive covenants, the conditions of the certificate of occupancy, and this Section, and is subject to code enforcement action by the Town per Sec. 16-8-106.
3.
Failure to submit the required documentation prior to change in ownership shall be considered a breach of the restrictive covenants, conditions, and restrictions set forth in the Section and the Town shall be entitled to seek such remedies as may be available by law.
Rental Units:
1.
The property owner, or their designee, of a workforce housing unit shall upon lease renewal, but not less than annually, submit a COE to the Town, or its designee, verifying that the applicable income and employment regulations of this Section are met by all households occupying said workforce housing unit(s).
2.
Upon lease renewal, eligible households shall include at least one person that is employed ten out of twelve months each year by a lawfully licensed business located within the Town of Hilton Head Island.
3.
Per Sec. 16-8-102, failure to submit the required verification shall constitute a violation of the restrictive covenants, the conditions of the certificate of occupancy, and this Section, and is subject to code enforcement action by the Town per Sec. 16-8-106.
4.
Failure to submit the required verification shall be considered a breach of the restrictive covenants, conditions, and restrictions set forth in the Section and the Town shall be entitled to seek such remedies as may be available by law.
D. Occupancy and Eligibility Requirements
Owner-occupied Units:
1.
The household shall occupy the workforce housing unit as their sole residence.
a.
If at any time the household no longer occupies the unit as their sole residence, the unit shall be sold.
2.
Eligible households shall have an annual household income between 80 and 100% of the most recently published HUD AMI for Beaufort County.
3.
Households must be eligible to purchase workforce housing units and obtain the appropriate COE from the Town, or its designee. A sales contract may not be executed before the household receives the COE.
Rental Units:
1.
The household shall occupy the workforce housing unit as their sole residence.
2.
Eligible households shall have an annual household income between 60 and 80% of the most recently published HUD AMI for Beaufort County.
3.
Households must be eligible to rent workforce housing units and obtain the appropriate COE from the Town, or its designee. A rental agreement may not be executed before the household receives the COE.
a.
A COE must be renewed prior to the anniversary of a lease renewal. A lease shall not be renewed unless the entire development meets the eligibility requirements outlined in this Section.
b.
The owner of the rental unit(s) shall be required to submit a sworn affidavit on an annual basis to the Town or its designee, certifying that the workforce housing unit rental rate(s) meets the requirements of Sec. 16-4-105.F.1.
c.
Per Sec. 16-8-102, occupancy of a rental unit not consistent with this Section shall constitute a violation and is subject to code enforcement action by the Town per Sec. 16-8-106.
d.
Occupancy of a rental unit not consistent with this Section shall be considered a breach of the restrictive covenants, conditions, and restrictions set forth in the Section and the Town shall be entitled to seek such remedies as may be available by law.
E. Workforce Housing Sale & Resale Price
Owner-occupied Units:
1.
The initial sale price of a workforce housing unit shall be determined by the most recently published HUD annual household income limits.
2.
The resale price of a workforce housing unit shall not exceed the initial purchase price paid by the owner of the unit with the following exceptions:
a.
Customary closing costs and costs of sale;
b.
Costs of real estate commissions paid by the seller if a licensed real estate salesperson is employed;
c.
Consideration of permanent capital improvements installed by the seller; and
d.
An inflation factor, based on Consumer Product Index, to be applied to the initial sale price of the unit.
3.
All restrictions affecting the workforce housing unit shall be recorded in the deed at the time of initial sale or conveyance and in any future sales or conveyances of the unit.
4.
Resale of workforce housing units shall be limited by deed restriction to a purchaser who meets the requirements of 16-4-105.D during the affordability period of the unit.
F. Workforce Housing Rental Rates
Rental Units:
1.
Maximum monthly rental rates for workforce housing shall be calculated using 80% of the most recently published HUD AMI for Beaufort County, multiplying by 30% and dividing by 12.
2.
Rental rates shall remain consistent throughout the term of the lease.
(Added 11-4-2020 - Ordinance 2020-26)