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James Island City Zoning Code

DEVELOPMENT STANDARDS

§ 153.330 PURPOSE AND INTENT.

   (A)   The purpose of the regulations contained in this subchapter is to protect the public health, safety, and general welfare; to promote harmonious and orderly development and to foster civic beauty by improving the appearance, character, and economic value of civic, commercial, and industrial development within the town.
   (B)   The development standards are authorized for the following purposes, among others:
      (1)   Implement the goals, objectives, and policies of the Town Comprehensive Plan;
      (2)   Facilitate safe transportation, access, vehicular circulation, and parking;
      (3)   Ensure the protection and preservation of natural resources, such as trees and wetlands;
      (4)   Implement the use of vegetated buffers in order to mitigate the effects of incompatible adjacent uses, to provide transition between neighboring properties and streets, to moderate climatic effects, and to minimize noise and glare;
      (5)   Implement basic architectural standards, right-of-way buffer standards, and sign standards that will promote attractive, well-designed development, foster balanced streetscapes, and reduce visual clutter along major roadways, thus enhancing safe traffic flow; and
      (6)   Ensure protection from fire, flood, and other dangers, and furthering the public welfare in any regard specified by a local governing body.
(Ord. 2012-06, § 9.1, passed 10-18-2012; Ord. 2013-07, passed 10-17-2013)

§ 153.331 APPLICABILITY.

   Unless expressly stated, the sections in this subchapter apply to development occurring on property within the town.
(Ord. 2012-06, § 9.2, passed 10-18-2012; Ord. 2013-07, passed 10-17-2013)

§ 153.332 OFF-STREET PARKING AND LOADING.

   (A)   General.
      (1)   Applicability.
         (a)   New development. The off-street parking and loading standards of this section apply to any new building constructed and to any new use established.
         (b)   Expansions and alterations. The off-street parking and loading standards of this section apply when an existing structure or use is expanded or enlarged. Additional off-street parking and loading spaces will be required only to serve the enlarged or expanded area, not the entire building or use, provided that, in all cases, the number of off-street parking and loading spaces provided for the entire use (pre-existing + expansion) must equal at least 75% of minimum ratio established in Off-Street Parking Schedule A in this section.
      (2)   Timing of installation. Required parking spaces and drives shall be ready for use and approved by the Zoning Administrator prior to issuance of a certificate of occupancy.
      (3)   Reduction below minimums.
         (a)   The Zoning Administrator shall be authorized to reduce the number of required parking spaces by no more than 10% when more than ten spaces are required with the following conditions:
            1.   The site can support the minimum required number of parking spaces and meet all development standards in this chapter including buffers and landscaping requirements; or
            2.   The reduction is necessary to meet the tree protection and preservation regulations contained in § 153.334 of this code.
         (b)   This allowable reduction excludes medical offices and restaurant uses. Any change in use that increases applicable off-street parking or loading requirements will be deemed a violation of this chapter unless parking and loading spaces are provided in accordance with the provisions of this section.
   (B)   Off-Street Parking Schedule A. Unless otherwise expressly allowed, off-street parking spaces shall be provided in accordance with the following table:
Use Table
Number of Off-Street Parking Spaces Required (Minimum)
Use Table
Number of Off-Street Parking Spaces Required (Minimum)
RESIDENTIAL
Adult/child group home or residential care facility
1 per 3 beds, plus 1 per employee in single shift
Congregate living
1 per 3 beds
Farm labor housing (dormitory)
0.5 per bed
Multi-family
1.5 per 1-bedroom unit; 2 per 2-bedroom unit; 2.5 per 3-bedroom and larger units
Retirement housing
0.75 per 1-bedroom unit; 1 per 2-bedroom unit; 1.5 per 3-bedroom and larger units
Single-family:
Detached and attached, including dwelling groups, duplexes, and manufactured housing units
2 per dwelling unit
CIVIC/INSTITUTIONAL
Adult or child day care facilities
1 per employee plus 1 per 5 children/adults
Archives or museums
1 per 500 square feet of display area
Cemetery
1 per full time employee
College or university facility
1 per 100 square feet classroom plus 1 per 300 square feet office/administrative plus 1 per 3 beds
Community recreation
1 per 250 square feet of gross floor area
Convalescent services
1 per 5 beds
Counseling service
1 per 150 square feet
Court of law
1 per employee plus 1 per every 3 seats of seating available to the public in the courtroom
Health care related services:
Including home health agency, laboratory, outpatient services and rehabilitation facilities
1 per 200 square feet of gross floor area with a minimum of 4 spaces
Historical sites, libraries
1 per 300 square feet
Hospital
1 per 2 beds plus 1 per 300 square feet of floor area of administrative and medical offices
Intermediate care facility for the mentally handicapped
1 per bed plus 1 per employee in single shift
Nature exhibition or botanical gardens
1 per employee in single shift plus 2 spaces per acre
Parks and recreation
1 per 5,000 square feet of land area plus outdoor recreation requirements
Personal improvement education
1 per every 3 students plus 1 per employee
Postal Service, United States
1 per 150 square feet of floor area
Pre-school or educational nursery
1 per employee in single shift plus 1 per 1,000 sf of classroom area
Public assembly:
Including conference centers, concert halls, religious assemblies, professional, labor or political organizations and social clubs or lodges
1 per 5 fixed seats or 1 per every 3 persons in structures with non-fixed seating of the maximum occupancy load as established by building code. The number of spaces required may be reduced a maximum of 50% if the assembly area is located within 500 feet of any public or commercial parking lot where sufficient spaces are available by parking agreement.
Railroad freight depot
1 per 2,400 square feet
Recycling collection, drop-off
1 per recycle collection container
Safety services
1 per 2 employees
School, primary
1 space for each vehicle owned and operated by the school plus two per employee (including faculty, administrative, and the like)
School, secondary
1 space for each vehicle owned and operated by the school plus two per employee (including faculty, administrative, and the like) plus 1 per 8 students
Utility service, major
1 space per employee plus 1 per stored vehicle
Utility service, minor
None
Zoo
10 plus 1 per employee in single shift
COMMERCIAL
Agricultural sales/service
1 per 500 square feet of floor area plus 4 per acre outdoor sales/display/storage area
Banks and financial services
1 per 300 square feet of floor area, also see drive-through requirements
Bar or lounge
1 per 75 square feet indoor seating area plus 1 per 200 square feet outdoor seating area
Bed and breakfast
1 per guest room
Boat yard
1 per employee
Building materials or garden equipment and supplies retailers
1 per 200 square feet of floor area not including storage plus 1 per employee
Business or trade school
1 per 100 square feet classroom plus 1 per 300 square feet business/administrative office
Catering service
1 per 400 square feet of floor area
Charter boat or other recreational watercraft rental services
1 per rental boat or watercraft plus 1 per employee
Communication:
Including data processing and publishing services
1 per 300 square feet of floor area
Construction tools, commercial or industrial equipment rental
1 per 250 square feet of floor area not including storage areas
Convenience store
1 per 200 square feet of floor area
Convention center or visitors bureau
4 per 1,000 square feet of floor area
Fishing or hunting guide service
5 per employee
Fishing or hunting lodge (commercial)
1 per visitor plus 1 per 5 members
Food sales and grocery stores
1 per 175 square feet
Funeral services
1 per 4 seats or 1 per employee, whichever is greater
Gasoline service station
1 per 200 square feet of gross floor area plus vehicle stacking spaces per division (H) of this section
Golf courses or country clubs
1 per employee plus 4 per golf green, plus 1 per 4 seats for accessory restaurant or bar use
Hair, nail, or skin care service
2 per employee or work station, whichever is greater
Heavy construction service, general contractor, or special trade contractors
1 per 400 square feet indoor floor area plus 4 spaces per acre outdoor storage/display/sales area
Heavy duty truck or commercial vehicle rental or leasing
1 per rental vehicle plus 1 per employee in single shift
Hotel-motel
1 per room plus spaces as required for associated restaurants, bars, and offices
Kennel
1 plus 1 per employee
Liquor sales, beer or wine sales
1 per 200 square feet of floor area
Marina
1 space per 200 square feet of office area plus 1 per 3 wet slips and 1 per 5 dry stack storage
Nonstore retailers
1 per employee plus 2 spaces for deliveries
Office, business/professional/administrative
1 per 300 square feet of floor area
Office, medical
1 per 150 square feet of floor area
Office, parole or probation
1 per employee plus 1 per 200 square feet of floor area
Office, resort real estate
1 per 200 square feet of floor area
Office/warehouse complex
1 per employee in shift plus 1 per 2000 square feet of office space
Outpatient clinic
1 per 200 square feet of floor area with a minimum of 4 spaces
Parking, lot or garage
1 per employee
Pawn shop
1 per 200 square feet of floor area
Personal improvement service
1 per 200 square feet of floor area
Pet stores, grooming salons, or small animal boarding
1 per 300 square feet of floor area
Recreational vehicle park or campground
1 per employee plus 1 per recreational vehicle and camp site
Recreation and entertainment, indoor
1 per 3 seats or 1 per 200 square feet of floor area, whichever is greater
Recreation and entertainment, outdoor
1 per 200 square feet of public activity area, plus:
 
Athletic field: 15 spaces per diamond or field
 
Basketball: 5 spaces per court
 
Swimming pool: 1 per 200 square feet of water surface area
 
Tennis: 2 spaces per court
Recreation or vacation camp
1 per employee plus 1 per camp vehicle or camp site
Repair service, consumer
1 per 300 square feet of floor area
Restaurant, fast-food
1 per 75 square feet indoor seating area plus 1 per 200 square feet outdoor seating area plus vehicle stacking spaces per division (H) of this section
Restaurant, fast-food (no inside seating)
1 per employee plus 1 per 200 square feet outdoor seating area plus vehicle stacking spaces per division (H) of this section
Restaurant, general
1 per 75 square feet indoor seating area plus 1 per 200 square feet outdoor seating area
Retail sales and service, general
1 per 300 square feet indoor floor area plus 5 spaces per acre outdoor storage/display/sales area
Rooming or boarding house
1 per guest room
Scrap and salvage service
1 per employee plus 2 per acre
Self-service storage/mini warehouse
3 spaces plus 1 space per employee and 1 space per 100 units
Services to buildings and dwellings
1 per employee plus 1 space for deliveries
Shopping center (mixed retail, office, food sales, restaurant)
1 space per 200 square feet
Stable (boarding or commercial for hire)
1 per 2 stalls
Truck stop
1 per employee plus truck space parking plus any parking required in this table when restaurant or motel is included
Vehicle parts, accessories, or tire stores
1 per 300 square feet of floor area (10 space minimum)
Vehicle repair, consumer
2 per employee or service bay
Vehicle sales or vehicle rental or leasing
1 per 2,500 square feet of display, 1 per 250 square feet indoor enclosed floor space
Vehicle storage
1 per 2 employees
Veterinary services
3 spaces per each veterinarian or allied professional
INDUSTRIAL
Dry cleaning plant, carpet cleaning plant, or commercial laundry
1 per employee plus 1 per 3 washing/drying machines if provided for customer use
Manufacturing and production
1 per 400 square feet of office area plus 1 per 2 employees
Photo finishing laboratory
1 per 200 square feet of floor area
Repair service, commercial
1 per 400 square feet office area plus1 per 2 employees
Warehouse and distribution facilities
1 per 300 square feet office area plus 1 per 600 square feet for first 12,000 square feet warehouse/storage area plus 1 per 900 square feet for remaining warehouse/storage area (over 12,000 square feet)
Wholesale sales
1 per 600 square feet for first 12,000 square feet plus 1 per 900 square feet for remaining area (over 12,000 square feet)
AGRICULTURAL AND OTHER USES
Agricultural processing
1 per employee
Animal production
None
Aviation
1 space per 5 aircraft tie down or storage plus 1 space per 4 seats in waiting room areas
Commercial timber operations
None
Communications towers
None
Crop production
None
Horticulture, greenhouse or hydroponics production
1 per employee
Lumber mills, planing or saw mills
1 per employee plus 1 per commercial vehicle plus 1 per 400 square feet of floor area
Recycling center or waste related use
1 per employee
Resource extraction
1 per 2 employees
Roadside stands
3 per stand
Sightseeing transportation, land or water
1 per 2 seats of sightseeing vehicle
Taxi or limousine service
1 per employee plus one per vehicle that provides service
Urban transit service
1 per 100 square feet of public waiting area plus 1 per two employees and 1 per transit vehicle
Water transportation
1 per two seats of transportation vehicle plus 1 per employee
 
   (C)   Rules for computing parking and loading requirements. The following rules apply when computing off-street parking and loading requirements.
      (1)   Multiple uses. Lots containing more than one use must provide parking and loading in an amount equal to the total of the requirement for all use.
      (2)   Fractions. When measurements of the number of required spaces result in a fractional number, any fraction of one-half or less will be rounded down to the next lower whole number and any fraction of more than one-half will be rounded up to the next higher whole number.
      (3)   Area measurements. Unless otherwise expressly stated, all square-footage-based parking and loading standards must be computed on the basis of gross floor area. Storage areas or common areas incidental to the principal use shall be exempt from this measurement when the following conditions are met.
         (a)   The storage area or common area is a minimum of 250 square feet.
         (b)   The applicant has provided documentation that such areas will not be used as space for employees, customers, or residents.
      (4)   Occupancy-based standards. For the purpose of computing parking requirements based on employees, students, residents, or occupants, calculations shall be based on the largest number of persons working on any single shift, the maximum enrollment, or the maximum fire-rated capacity, whichever is applicable and whichever results in the greater number of spaces.
      (5)   Unlisted uses. Upon receiving a development application for a use not specifically listed in an off-street parking schedule, the Zoning Administrator shall apply the off-street parking standard specified for the listed use that is deemed most similar to the proposed use or require parking spaced in accordance with a parking study prepared by the applicant.
   (D)   Location of required parking.
      (1)   On-site parking.
         (a)   Except as expressly stated in this division (D), all required off-street parking spaces must be located on the same lot as the principal use and shall be arranged and laid out so as to ensure that no parked or maneuvering vehicle will encroach upon a sidewalk, public right-of-way, or property line.
         (b)   Parking lots in office (O) and commercial (C) districts containing more than ten parking spaces shall be located to the side or rear of the principal structure’s front facade or within a courtyard surrounded by a structure on at least three sides.
      (2)   Off-site parking.
         (a)   OFF-SITE PARKING is defined as the required parking not located on the parcel which the principal use is located. SHARED PARKING is parking for uses with different operating hours or peak business periods that share required off-street parking spaces. Shared parking may or may not be off-site parking. Off-site and shared parking are allowed provided they meet the following standards. If any one of the following applicable standards cannot be met, special exception approval shall be required.
         (b)    A maximum of 50% of the required parking spaces may be off-site, except for Civic/Institutional Uses that may have a maximum of 75% of the required parking spaces off-site; however, off-site parking may not be used to satisfy the off-street parking standards for residential uses (except for guest parking), restaurants, convenience stores, or other convenience-oriented uses unless approved as part of a mixed use development. Required parking spaces reserved for persons with disabilities shall not be located off site.
            1.   Shared or off-site parking must be located within 600 feet from the primary entrance of the use served, unless shuttle bus service is provided to the remote parking area. Shared or off-site parking spaces may not be separated from the use that it serves they serve by a street right-of-way with a width of more than 80 feet, unless a grade-separated pedestrian walkway is provided, or other traffic control or shuttle bus service is provided to the remote parking area.
            2.   An applicant requesting shared parking shall submit a shared parking analysis to the Zoning Administrator that clearly demonstrates the feasibility of shared parking. The shared parking analysis must be approved by the Zoning Administrator and made available to the public. It must address, at a minimum, the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. Approvals will only pertain to the specific uses addressed in the analysis and any change in use(s) will require a new shared parking analysis.
            3.   Off-site parking areas serving uses located in nonresidential zoning districts must be located in nonresidential zoning districts. Off-site parking areas serving uses located in residential or agricultural zoning districts may be located in residential, agricultural, or nonresidential zoning districts.
            4.   In the event that an off-site parking area is not under the same ownership as the principal use served, a written agreement will be required. An attested copy of the agreement between the owners of record must be submitted to the Zoning Administrator for recording on forms made available in the Planning/Zoning Department. Recording of the agreement with the Register of Mesne Conveyance must take place before issuance of a zoning permit, building permit, or certificate of occupancy for any use to be served by the off-site parking area. An off-site parking agreement may be revoked only if all required off-site parking spaces will be provided in accordance with this section.
            5.   Shared parking areas must be connected by a continuous network of sidewalks and pedestrian crosswalks.
   (E)   Accessible parking for physically disabled persons. The parking standards of this section are intended to ensure compliance with the Americans with Disabilities Act (ADA), being 42 U.S.C. §§ 1201 et seq. A portion of the total number of required off-street parking spaces in each off-street parking area shall be specifically designated, located, and reserved for use by persons with physical disabilities.
      (1)   Number of spaces. The minimum number of accessible spaces to be provided shall be a portion of the total number of off-street parking spaces required, as determined by the following schedule. Parking spaces reserved for persons with disabilities shall be counted toward fulfilling off-street parking standards.
Total Parking Spaces Provided
Minimum Number of Accessible Spaces
Minimum Number of Van-Accessible Spaces
Minimum Number of Car-Accessible Spaces
Total Parking Spaces Provided
Minimum Number of Accessible Spaces
Minimum Number of Van-Accessible Spaces
Minimum Number of Car-Accessible Spaces
1 – 25
1
1
0
26 – 50
2
1
1
51 – 75
3
1
2
76 – 100
4
1
3
101 – 150
5
1
4
151 – 200
6
1
5
201 – 300
7
1
6
301 – 400
8
1
7
401 – 500
9
2
7
501 – 1,000
2% of total spaces
1 out of every 8 accessible spaces
7 out of every 8 accessible spaces
Over 1,000
20 + 1 per each 100 spaces over 1,000
 
 
 
      (2)   Minimum dimensions. All parking spaces reserved for persons with disabilities shall comply with the parking space dimension standards of this section, provided that access aisles shall be provided immediately abutting such spaces as follows:
         (a)   Car-accessible spaces shall have at least a five-foot wide access aisle located abutting the designated parking space; and
         (b)   Van-accessible spaces shall have at least an eight-foot wide access aisle located abutting the designated parking space.
   (F)   Parking space and parking lot design.
      (1)   Parking lot design. Dead end type of parking layouts that cause or contribute to poor vehicular circulation will not be allowed unless all other site configurations and parking options of the required number of parking spaces have been exhausted.
      (2)   Aisle widths and parking space dimensions. Drive aisle widths adjoining off-street parking spaces shall comply with the standards in the following table. Twenty percent of the minimum number of required parking for a development may utilize compact and sub-compact vehicle parking dimensions. These dimensions shall be a minimum of seven feet, six inches by 15 feet and clearly marked for compact vehicles only.
X
Stall Width A
Stall Depth B
Aisle Width C
Skew Width D
X
Stall Width A
Stall Depth B
Aisle Width C
Skew Width D
60 degrees
8 ft. 0 in.
19 ft. 7 in.
19 ft. 0 in.
9 ft. 3 in.
8 ft. 6 in.
18 ft. 0 in.
18 ft. 0 in.
9 ft. 10 in.
9 ft. 0 in.
17 ft. 0 in.
17 ft. 0 in.
10 ft. 5 in.
One way
45 degrees
8 ft. 0 in.
18 ft. 5 in.
12 ft. 0 in.
11 ft. 4 in.
8 ft. 6 in.
18 ft. 8 in.
11 ft. 0 in.
12 ft. 0 in.
9 ft. 0 in.
19 ft. 1 in.
11 ft. 0 in.
12 ft. 9 in.
One way
30 degrees
8 ft. 0 in.
15 ft. 11 in.
11 ft. 0 in.
16 ft. 0 in.
8 ft. 6 in.
16 ft. 5 in.
10 ft. 0 in.
17 ft. 0 in.
9ft. 0 in.
16 ft. 10 in.
9 ft. 0 in.
18 ft. 0 in.
One way
0 degrees
8 ft. 0 in.
22 ft. 0 in.
11 ft. 0 in.
N/A
8 ft. 6 in.
22 ft. 0 in.
11 ft. 6 in.
(Parallel)
9 ft. 0 in.
23 ft. 0 in.
12 ft. 0 in.
One way
90 degrees
8 ft. 0 in.
18 ft. 0 in.
23 ft. to 32 ft.
N/A
8 ft. 6 in.
18 ft. 0 in.
25 ft. to 29 ft.
9 ft. 0 in.
18 ft. 0 in.
23 ft. to 22 ft.
Two way
Note: Two-way drive aisles shall always require a minimum width of 23 feet.
 
 
      (3)   Parking lot landscaping. See § 153.335 of this code.
      (4)   Markings.
         (a)   In paved parking areas, each off-street parking space shall be identified by surface markings at least four inches in width. Markings shall be visible at all times. Such markings shall be arranged to provide for orderly and safe loading, unloading, parking, and storage of vehicles. In unpaved parking lots, all parking spaces must have a curb stop (minimum height of four inches) to delineate the location of the space and to prevent the encroachment of parking onto adjoining properties, rights-of-way, or landscaped areas.
         (b)   One-way and two-way accesses into required parking facilities shall be identified by directional arrows.
         (c)   Unpaved parking lots must have an all-weather surface, such as gravel, slag, or other pervious surface, not including asphalt shingles. Entrance and exit drives serving unpaved parking lots accessed from a paved street must be paved from the edge of the street pavement to a distance of 20 feet into the property. No more than 120% of the required number of off-street parking spaces may be paved and no more than 70% of all developable land within parcels may be paved, unless approved by the Zoning Administrator.
      (5)   Access.
         (a)   Required parking spaces shall not have direct access to a street or highway. Access to required parking spaces shall be provided by on-site driveways. Off-street parking spaces shall be accessible without backing into or otherwise re-entering a public right-of-way.
         (b)   Parking lot entrance and exit drive curb cuts will not be more than 30 feet in width. Entrances or exits which include a median strip to separate traffic flow in opposite directions may be expanded to 60 feet. Curb cuts shall be allowed in accordance with the following table:
 
Length of Frontage
Maximum Number of Driveways
250 feet or less
1 *
251 feet to 1,500 feet
2
1,500 feet or more
3
*On frontages of 250 feet or less, a pair of one-way driveways may be substituted only if the internal circulation on the site is compatible with the one-way driveways and wrong-way movements on the driveways are rendered impossible or extremely difficult for motorists. Refer to the State Department of Transportation’s Access and Roadside Management Standards Manual for recommended spacing of driveways based on speed of traffic.
 
         (c)   Entrance and exit drives shall be located at least 100 feet from the edge of the right-of- way of any street intersection. If the subject lot has less than 100 feet of frontage, the Zoning Administrator shall be authorized to alter these requirements. Suitable provisions will be made to prevent ingress or egress at other than designated entrance or exit drives.
         (d)   The Zoning Administrator shall be authorized to require that driveways providing access to dwelling units provide a minimum vertical clearance of up to 13-1/2 feet when deemed necessary to ensure emergency vehicle access.
         (e)   Shared access between parcels may be allowed with written agreement among all owners of record. An attested copy of the access agreement between the owners of record must be submitted to the Zoning Administrator for recording on forms made available in the Planning/Zoning Department. Recording of the agreement with the Register of Mesne Conveyance must take place before issuance of a zoning permit or certificate of occupancy for any use to be served by shared access. Any shared access must meet all dimensional requirements of this chapter and any applicable SCDOT requirements.
   (G)   Use of required parking spaces. Required off-street parking areas shall be used solely for the parking of licensed motor vehicles in operating condition. Required spaces may not be used for the display of goods for sale or lease, for motor vehicle repair or service work of any kind, or for long-term storage of vehicles, boats, motor homes, campers, manufactured housing units, or building materials.
   (H)   Vehicle stacking areas.
      (1)   Minimum number of spaces. Off-street stacking spaces shall be provided as follows:
Activity Type
Minimum Spaces
Measured From
Activity Type
Minimum Spaces
Measured From
Automated teller machine
3
Teller
Bank teller lane
4
Teller or window
Carwash stall, automatic
6
Entrance
Carwash stall, self-service
3
Entrance
Gasoline pump island
2
Pump island
Restaurant drive-through
6
Order box
Restaurant drive-through
4
Order box to pickup window
Other
Determined by Zoning Administrator
 
      (2)   Parking area design and layout. Required stacking spaces are subject to the following design and layout standards.
         (a)   Stacking spaces must be a minimum of eight feet by 20 feet in size.
         (b)   Stacking spaces may not impede on or off-site traffic movements or movements into or out of off-street parking spaces.
         (c)   Stacking spaces must be separated from other internal driveways by raised medians if deemed necessary by the Public Works Director for traffic movement and safety.
         (d)   The Zoning Administrator may require pick-up and drop-off loop drives with sufficient vehicle stacking lanes to prevent vehicle backups into internal travel lanes and parking lots for school uses, adult and child day care facility uses, public assembly uses, and conference facility uses.
   (I)   Off-street loading.
      (1)   Spaces required. For every retail sales, service, wholesaling, warehousing, or manufacturing establishment and each bus or truck terminal, there shall be provided sufficient space to accommodate the maximum number of trucks that will be loading, unloading, or standing at any one time.
      (2)   Size of space. Each off-street loading space shall be of a size commensurate with the building to be accommodated. In no case shall required off-street loading space encroach upon off-street parking space required under this section.
      (3)   Location. All required off-street loading spaces shall be located on the same lot as the building which they are intended to serve.
      (4)   Entrances and exits. Off-street loading entrance and exit drives shall be located at least 25 feet from any street intersection.
      (5)   Loading spaces adjacent to sidewalks. Where a loading space is adjacent to a public sidewalk or other public pedestrian way, it shall be so located, arranged, and improved with curbs or other barriers, as to provide adequate protection for pedestrians.
      (6)   Maneuvering areas. All off-street loading spaces shall be provided with adequate off-street maneuvering areas.
      (7)   Landscaping, buffers, and screening. See § 153.335 of this code.
   (J)   Bicycle parking.
      (1)   Purpose. Bicycle parking encourages customers, employees, and other visitors to use bicycles by providing a convenient, safe and readily accessible place to park bicycles. Bicycle parking should serve the main entrance of a building and should be visible to pedestrians and bicyclists.
      (2)   Rate of provision. One bicycle parking space shall be required per every ten off-street required parking spaces, rounding bicycle parking spaces up when the number is not a of multiple of ten. (Six automobile parking spots required = one bicycle parking space: 12 automobile parking spots required = two bicycle parking spaces.)
      (3)   Standards. Required bicycle parking must meet the following standards:
         (a)   Location. Bicycle parking must be:
            1.   Outside a building; and within 50 feet of the main entrance to the building as measured along the most direct pedestrian access route, or no further from the building's main entrance than the closest automobile parking space, whichever is closer;
            2.   At the same grade as the sidewalk or at a location that can be reached by an accessible route; and
            3.   If required bicycle parking is not visible from the street or main building entrance, a sign must be posted at the main building entrance or in a highly visible and used location indicating the location of the parking.
         (b)   Design. Bicycle parking must meet the following standards:
            1.   Bicycle lockers. Where required bicycle parking is provided in lockers, the lockers must be securely anchored.
            2.   Required bicycle parking may be provided in floor, wall, or ceiling racks. Where required bicycle parking is provided in racks the racks must meet the following standards:
               A.   The bicycle frame and one wheel can be locked to the rack with a high security, U-shaped shackle lock if both wheels are left on the bicycle;
               B.   A space two feet by six feet must be provided for each required bicycle parking space, so that a bicycle six feet long can be securely held with its frame supported so that the bicycle cannot be pushed or fall in a manner that will damage the wheels or components; and
               C.   The rack must be securely anchored and coated in a material that will not damage the bicycle.
            3.   Parking and maneuvering areas.
               A.   Each required bicycle parking space must be accessible without moving another bicycle;
               B.   There must be an aisle at least five feet wide in front and behind all required bicycle parking to allow room for bicycle maneuvering. Where the bicycle parking is adjacent to a sidewalk, the maneuvering area may extend into the right-of-way; and
               C.   The area devoted to bicycle parking must be permeable hard surface.
            4.   Covered bicycle parking. Covered bicycle parking, as required by this section, can be provided inside buildings, under roof overhangs or awnings, in bicycle lockers, or within or under other structures. Where required covered bicycle parking is not within a building or locker, the cover must be:
               A.   Permanent;
               B.   Designed to protect the bicycle from rainfall; and
               C.   At least seven feet above the floor or ground.
            5.   Lighting shall be provided for bicycle parking facilities so that the bicycle parking area is thoroughly visible and illuminated.
(Ord. 2012-06, §§ 9.3.1 through 9.3.9, passed 10-18-2012; Ord. 2013-07, passed 10-17-2013; Ord. 2020-01, passed 3-19-2020; Ord. 2022-03, passed 10-20-2022)

§ 153.333 PEDESTRIAN WAYS.

   (A)   Where required.
      (1)   Paved pedestrian ways shall be provided in all nonresidential development within the urban and suburban areas of the town; and
      (2)   Paved pedestrian ways shall link surrounding roadways with the front entrance and shall provide pedestrian linkages between the proposed development and uses on adjoining lots.
   (B)   Placement. Paved pedestrian ways within publicly dedicated rights-of-way shall conform to the construction details for paved sidewalks contained in Appendix A of Ordinance 2012-06, as amended. Alternative surface walkways may be used outside of rights-of-way when deemed appropriate to surrounding development characteristics by the Zoning Administrator.
(Ord. 2012-06, § 9.3.10, passed 10-18-2012; Ord. 2013-07, passed 10-17-2013)

§ 153.334 TREE PROTECTION AND PRESERVATION.

   (A)   General.
      (1)   Findings. Trees are an essential natural resource, an invaluable economic resource, and a priceless aesthetic resource. Trees play a critical role in purifying air and water, providing wildlife habitat, and enhancing natural drainage of storm water and sediment control. They also help conserve energy by providing shade and shield against noise and glare. Trees promote commerce and tourism by buffering different land uses and beautifying the landscape. The tree protection and preservation regulations of this section are intended to enhance the health, safety, and welfare of the citizens of the town.
      (2)   Applicability and exemptions.
         (a)   Applicability. The provisions of this section in their entirety shall apply to all real property in the town, except as expressly exempted.
         (b)   Exemptions.
            1.   Single-family detached residential lots of record shall be exempt from all provisions in this section except for the grand tree documentation, protection, and replacement provisions. This exemption does not include protected trees in major subdivisions or applications for major or minor subdivisions for which landscape buffers may be required per § 153.335(D).
            2.   The Zoning Administrator shall be authorized to modify or reduce the standards of this section for commercial nursery operations.
            3.   This section shall not restrict public utilities and electric suppliers from maintaining safe clearance around existing utility lines and existing easements in accordance with applicable state laws. Siting and construction of future and existing gas, telephone, communications, electrical line, or other easements shall not be exempt from any provisions of this section.
            4.   Removal of trees for the purpose of conducting bona fide forestry operations shall be exempt from the provisions of this section except for removal of live oak species of grand trees.
            5.   Removal of trees for the purpose of establishing bona fide agricultural uses, as specified in § 153.047(B)(1) of this code, shall be exempt from the provisions of this section except for the grand tree documentation, protection, and replacement provisions.
            6.   Removal of trees for the purposes of maintaining safe clearance for aircraft as required by federal law or the establishment of facilities exclusively dedicated to aviation operations on property owned or leased and in use by the County Aviation Authority will be exempt from the provisions of this section.
            7.   All invasive tree species as referred by Clemson Extension and the South Carolina Exotic Pest Plant Council shall be exempt from all provisions of this section.
      (3)   Definition of tree removal. For the purpose of this section, the term TREE REMOVAL shall include, but not be limited to, damage inflicted to the root system by machinery, girding, storage of materials and soil compaction, changing the natural grade above or below the root system or around the trunk; damage inflicted on the tree permitting fungus infection or pest infestation; excessive pruning; excessive thinning; paving with concrete, asphalt, or other impervious material within such proximity as to be harmful to the tree; or any act of malicious damage to a tree. Excessive pruning or thinning shall be pruning or thinning that exceeds more than 25% of the leaf surface on both the lateral branch and the overall foliage of a mature tree that is pruned within a growing season. Additionally, one-half of the foliage of a mature tree is to remain evenly distributed in the lower two-thirds of the crown and individual limbs upon completion of any pruning.
      (4)   Measurements and definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         CALIPER. The diameter of a tree trunk measured six inches above the ground on trees with calipers of four inches or less. For trees between four inches and 12 inches caliper, the trunk is measured 12 inches above the ground.
         DIAMETER BREAST HEIGHT (DBH). The DIAMETER BREAST HEIGHT (DBH) of a tree is the total diameter, in inches, of a tree trunk or trunks measured four and one-half feet above existing grade (at the base of the tree). In measuring DBH, the circumference of the tree shall be measured with a standard diameter meter, and the circumference shall be divided by 3.14. If a tree trunk splits at ground level and does not share a common base (separated by earth at natural base), then each trunk shall be measured as a separate tree. If a multi-trunk tree splits below the four and one-half foot mark, all
trunks shall be measured separately added together and count as one tree. Any trunk measuring less than eight inches DBH is not included in the calculation.
         GRAND TREE. Any species of tree measuring 18 inches or greater diameter breast height (DBH) except pine and sweet gum. All GRAND TREES are prohibited from removal unless a grand tree removal permit is issued.
         PROTECTED TREES. Any tree on a parcel with a diameter breast height of eight inches or greater prior to development and all trees within required buffers or required landscape areas. Limited removal is allowed only when specified by the provisions of this chapter.
   (B)   Administration.
      (1)   Zoning permit required.
         (a)   Tree removal. Removal of required trees is prohibited prior to the issuance of a zoning permit by the Zoning Administrator. Zoning permits will be issued only after a tree plan is approved by the Zoning Administrator as outlined below.
         (b)   Excess canopy (limb) removal.
            1.   Removal of three or more limbs with an individual diameter of six inches or greater shall require a zoning permit.
            2.   Removal of any size limbs which contribute to more than 100 continuous linear feet of canopy over public roadways shall require variance approval from the Board of Zoning Appeals. This requirement shall not preclude the SCDOT, CCPW, or other entities from maintaining height clearances of 14 feet or less and width clearances within designated travel ways and from removing unprotected trees along rights-of-way for road widening projects.
      (2)   Documentation. Tree plans, prepared by licensed registered surveyor, civil engineer, or landscape architect, shall be required on all non-exempt parcels before any permits are issued.
   (C)   Tree plans and surveys.
      (1)   General. Tree plans of the same scale as, and superimposed on, a development plan or preliminary plat shall include location, number, size (DBH or caliper), and species with a scaled graphic representation of each grand tree, canopy size and shape, and the trunk location. All required tree surveys shall include the name, address, signature, and seal of a licensed surveyor, landscape architect, or civil engineer registered in the state. The survey shall include all trees to be protected or preserved and those scheduled to be removed, including dead and damaged trees. In cases where a landscape architect, civil engineer, forester, or surveyor utilizes previously approved recorded plats prepared by surveyors for the purpose of showing a tree plan, the name, address, signature, and seal of the licensed landscape architect, civil engineer, forester, or surveyor registered in the state, who shall be responsible for the accuracy of the information provided, shall be included on the tree survey. A scaled infrared or high resolution black and white aerial photograph or print of equal quality may be substituted in cases where the Zoning Administrator determines that it would provide the same information as a tree plan. However, all grand trees within 40 feet of proposed construction and land disturbance areas and trees within required buffers must be surveyed and mapped.
      (2)   Major and minor subdivisions preliminary plats. Refer to § 153.305(B)(4), Preliminary plat application, in the subdivision regulations of this chapter.
      (3)   Commercial, industrial, multi- family and major subdivisions. All tree surveys must show the location, number, size, and species of all trees eight inches or greater DBH (diameter breast height), including those scheduled to be removed. When there are no trees eight inches or greater DBH,
documentation of this fact shall be provided from a registered surveyor, engineer, or landscape architect.
 
COMMENTARY:
Assistance in tree identification and condition should be provided by a forester or qualified arborist.
 
      (4)   Single-family detached residential parcels. Single-family detached residential parcels shall show all grand trees within the area of construction and land disturbance and in conjunction with the subdivision regulations of this chapter at the time a zoning or building permit application is made.
   (D)   Required tree protection.
      (1)   General.
         (a)   All grand trees and any other trees required to remain on a site as outlined in this chapter must be protected during construction and development of the parcel. Tree protection must be shown on all development plans prior to site plan approval. A site inspection of the tree barricades must be scheduled by the applicant with the Planning/Zoning Department for approval prior to the issuance of permits or the start of development activities.
         (b)   Prior to commencement of development activities, a pre-construction planning conference for tree preservation shall be held on-site with the Zoning Administrator’s representative, the applicants, and any parties deemed appropriate for the purpose of determining if there is a need for additional tree protection techniques and for designating placement of tree barricades, construction employee parking, temporary construction office, and dumpster.
      (2)   Tree protection during development and construction. Protective barricades shall be placed around all required trees in or near development areas on all zoning parcels, including residential, as approved by the Zoning Administrator, prior to the start of development activities. These barricades, constructed of wood or plastic fencing or other approved materials, shall be erected in accordance with standards provided by the Zoning Administrator and placed beneath the canopy drip-line or 1.5 feet times the DBH of the tree. Other protective devices or construction techniques may be used as approved by the Zoning Administrator. The barricades shall remain in place until development activities are complete. The area within the protective barricade shall remain free of all building materials, dirt, fill, or other construction debris, vehicles, and development activities. All required trees are also subject to the provisions of § 153.335(F) of this code and subject to the enforcement criteria of §§ 153.375 through 153.383 and 153.999.
      (3)   Partial exception for limited clearing. Limited clearing and grubbing may be authorized by the Zoning Administrator prior to the installation of protective tree barricades on sites that exhibit unusually heavy undergrowth where access to the interior of the site and its protected trees would be otherwise highly impractical; if permitted, this clearing shall be done by hand with hand tools or gas powered push type or walk behind equipment designed for brush and undergrowth clearing. Under no circumstances will metal tracked bulldozers, loaders, or similar rider/operator types of equipment be allowed on the site until the protective barricades are erected and a zoning permit is issued.
      (4)   Separation of trees from pavement, grading, and structures. Paved areas shall be separated from trees by a minimum distance of the drip-line or one and one-half times the DBH or as modified by the Zoning Administrator as deemed necessary to protect the root system of the tree. Paved areas shall not constitute more than 25% of the protected area beneath a tree. Any paving, grading, trenching, or filling within the remaining 75% of the protected area must be approved by the Zoning Administrator and may require specific construction techniques be used in order to preserve the health of the tree. Refer to § 153.343 for examples. When grading and construction within the protected area of
a tree has been approved, all damaged roots shall be severed clean and inspected by the Town Landscape Architect or Inspector prior to the receipt of a zoning permit.
      (5)   Quantity and location of trees to be protected.
         (a)   Before the issuance of a zoning permit for commercial, industrial, multi-family, civic/institutional uses and major subdivisions, the following number of trees with a diameter breast height of eight inches or greater shall be preserved and protected in accordance with the provisions of division (D)(2) above. All trees located within required buffers as outlined in § 153.335.
            1.   Twenty trees per acre; or
            2.   Any number of trees with a combined diameter breast height of at least 160 inches per acre.
         (b)   Required drainage improvements such as detention and retention ponds and wetlands may be subtracted from the area used to calculate tree preservation requirements.
   (E)   Tree removal.
      (1)   Generally. Permits for tree removal may be approved where one or more of the following conditions are deemed to exist by the Zoning Administrator:
         (a)   Trees are not required to be retained by the provisions of this section;
         (b)   Trees are diseased, dead, or dying (as determined by the Zoning Administrator or a qualified arborist);
         (c)   Trees pose a safety hazard to nearby buildings or pedestrian or vehicular traffic (as determined by the Zoning Administrator or a qualified arborist); and/or
         (d)   Removal of grand trees has been approved by the Board of Zoning Appeals.
         (e)   The location and configuration of protected trees required by this section create an unreasonable burden on the use of the parcel and protected trees removed will be replaced and/or mitigated according to a schedule determined by the Zoning Administrator.
      (2)   Variances. Grand trees that do not meet the above criteria may be removed only where approved by the Board of Zoning Appeals, and shall be replaced according to a schedule determined by the Zoning Administrator.
      (3)   Emergency provisions. In the event that a tree poses a serious and imminent threat to public safety due to death, disease, or damage resulting from emergencies including, but not limited to, fires, flooding, storms, and natural disasters, the Zoning Administrator may waive requirements of this section. Documentation must later be submitted for review outlining the threat to public safety which initiated the removal. Documentation must include any written findings by a qualified arborist and photographs supporting the tree removal emergency. The Zoning Administrator may require replacement of required trees that are removed where it is determined that death or disease resulted from negligence.
      (4)   Violations and penalties. Violations and penalties are specified in §§ 153.375 through 153.383 and 153.999 of this code.
   (F)   Tree replacement.
      (1)   Generally. Tree replacement shall be required accompanying development on all non-exempt properties in the manner described below.
         (a)   When replacement canopy trees are required in fulfillment on the requirements of this section, they shall be no smaller than two inches caliper.
         (b)   The Zoning Administrator is empowered to require trees of larger caliper as determined appropriate for site-specific conditions and the circumstances, lawful or illegal, under which removal occurred.
      (2)   Protected trees removed in violation. When trees of eight inches DBH or greater have been removed in violation of this chapter, the trees shall be replaced and/or mitigated according to a replacement schedule approved by the Zoning Administrator.
      (3)   Sites with less than 160 inches per acre combined DBH. When lots lack a sufficient number of trees to meet the requirement for DBH/number of trees per acre, all trees six inches DBH or greater shall be preserved and protected in accordance with division (D)(2) above during development and must equal no less than 40 inches per acre combined DBH. On lots with less than 40 inches per acre combined DBH, additional trees shall be planted on the lot equaling or exceeding 40 inches per acre combined DBH. Planting schedules shall be approved by the Zoning Administrator.
      (4)   Previously cleared sites. Where sites were completely cleared of trees prior to adoption of this section or have been cleared subsequently for activities exempted from this section, replacement trees shall be planted, the combined caliper of which equals or exceeds 40 inches per acre. Replacement schedules, including number, species, caliper, and placement shall be approved by the Zoning Administrator.
      (5)   Tree Fund. The Tree Fund is a fund established to receive monies exacted from tree removal violations fines to include, but not limited to, removal, damage, destruction, or as defined in division (A)(4) above, and as a form of mitigation when planting of the required trees is determined to be detrimental to the overall health of existing trees or impractical for the intended site design. The Zoning Administrator shall impose a tree mitigation fee based on the current market retail value of two- to three-inch caliper trees installed to the American Association of Nurserymen Standards. If the applicant disagrees with the amount of the tree mitigation fee imposed, he or she may file appeal with the Board of Zoning Appeals in accordance with the provisions contained in this chapter. All tree mitigation fees collected shall be paid to the town and placed in an account established for public beautification through the planting and maintenance of trees on James Island.
      (6)   Bankruptcy or abandonment of site. When trees have been removed through an approved mitigation program and the project will not be completed for any reason, i.e., bankruptcy, abandonment, change in ownership, and the like, the owners of the subject property are responsible for the mitigation of the removed trees as outlined and agreed or subject to division (F)(5) above.
(Ord. 2012-06, § 9.4, passed 10-18-2012; Ord. 2013-07, passed 10-17-2013; Ord. 2014-08, passed 8-21-2014; Ord. 2014-12, passed 11-20-2014; Ord. 2016-01, passed 4-21-2016; Ord. 2016-06, passed 7-21-2016; Ord. 2024-04, passed 6-20-2024)

§ 153.335 LANDSCAPING, SCREENING, AND BUFFERS.

   (A)   Applicability. Unless expressly exempted, the landscaping, screening, and buffering standards of this section shall apply to all nonresidential development and all new major roadways that serve residential major subdivisions (four or more lots). Minor subdivisions (those with fewer than ten lots) may be required to provide landscaping, screening, or buffering on major roadways when the Zoning Administrator determines that such landscaping, screening, or buffering is necessary to ensure that the purposes of this chapter are met. When modifications or additions are being made to an existing nonresidential building or site, the standards of this section shall apply to those portions of the subject parcel that are directly affected by the proposed improvements as determined by the Zoning Administrator, provided that when modifications or additions are proposed that would increase the number of parking spaces, the area of vehicular use areas or gross floor area of buildings by more than 25% (above existing), then the entire parcel shall be brought into compliance with all applicable standards of this section. Before calculating the percentage of area for re-development and improvement, any proposed demolition of structures and parking is subtracted from the existing gross floor area of buildings and number of parking spaces.
   (B)   Exhibits. Drawings included as exhibits § 153.343 are meant to compliment the language of the chapter. In the event of a conflict with the text of the chapter, the text shall apply.
   (C)   Parking, loading, and vehicular use area landscaping.
      (1)   Parking, loading, and vehicular area perimeters. Unless otherwise expressly stated, perimeter landscaping shall be required around the outer perimeter of all off-street, surface parking, loading, and vehicular use areas. Parking areas for the exclusive use of single-family or agricultural uses shall be exempt from these requirements. Any off-street parking, loading, or vehicular use area that will be entirely screened from view by an intervening building or structure or by a buffer provided to satisfy the standards of this subchapter shall also be exempt from these (parking, loading, and vehicular use area) perimeter landscaping requirements.
         (a)   A perimeter landscape area at least eight feet in depth shall be provided at the perimeter of all off-street parking, loading, and vehicular use areas, except when permitted driveway openings are to be provided. Where drainage or other utility easements exist along property lines, the perimeter landscape area shall be located adjacent to the easement.
         (b)   Required perimeter landscape areas shall be planted in accordance with the following minimum standards:
            1.   One canopy tree shall be provided for each 50 linear feet of parking, loading, or vehicular use area perimeter. These trees may be used to satisfy the interior parking lot landscaping requirements;
            2.   A hedge or other landscape material of at least three feet in height, at maturity, shall be planted within the perimeter landscape area to provide a continuous landscape element or a combination of trees, hedge, other durable landscape material or approved wall, fence, or earth berm may be used to form the continuous landscape element;
            3.   All portions of the perimeter landscape area not planted with shrubs or trees or covered by a wall or fence barrier shall be planted in grass or ground cover; and
            4.   Parked vehicles may overhang a landscaped area if curbing or wheel stops are installed to prevent any damage to plants within the required perimeter landscape area. Landscaping, walls, fences, and earth berms will be so located as to prevent their damage and/or destruction by overhanging vehicles.
      (2)   Interior areas. The following interior parking lot landscaping requirements shall apply to all parking lots except those exclusively serving single- family residential or agricultural uses:
         (a)   A minimum of one landscape island shall be provided for each ten parking spaces within an off-street parking area. Required landscape islands shall have a minimum of 325 square feet, variably dependent upon the species of the canopy tree proposed by the designer. Each parking lot bay must terminate with a tree island.
         (b)   Each required landscaping island shall contain at least one canopy tree and there shall be no more than ten parking spaces in a row between tree islands. Interior parking landscape islands that separate double loaded parking bays shall be a minimum of nine feet wide. Canopy trees planted in these islands must be planted in line with the parking stripes (between vehicles) and may be used to satisfy the parking lot tree requirements; however, all parking lot bays must terminate with a tree island. Example shown in § 153.343.
         (c)   Curbs, wheel stops, or other approved protective barriers shall be installed around all required landscape islands, as approved the Zoning Administrator.
         (d)   Landscaping provided to meet the right-of-way buffer standards of division (D) below may not be used to satisfy interior parking lot landscaping requirements. Canopy trees provided to meet perimeter adjacent use buffer landscaping requirements may be counted to satisfy interior parking lot landscaping requirements.
   (D)   Landscape buffers.
      (1)   Right-of-way buffers.
         (a)   Applicability. Right-of-way buffers shall be required adjacent to road rights-of-way for all uses except for the agricultural and existing residential uses. Minor subdivisions may not have to comply with the requirements of this section if the Zoning Administrator determines that compliance is not necessary to satisfy the purposes of this chapter.
         (b)   Buffer reductions. The Zoning Administrator shall be authorized to reduce the depth of a required right-of-way buffer as follows:
            1.   General. A required right-of- way buffer may be reduced by up to one-third its depth when the following circumstances exist:
               a.   The parcel is located on a corner lot with required right-of-way buffers of 35 feet or more; or
               b.   The area of all the required buffers, including land use buffers and tree protection area, exceeds 30% of the site.
            2.   Folly Road. A required right- of-way buffer not located within the Folly Road Overlay District may be reduced as follows.
               a.   When no parking or vehicular use area is located between the building and the right-of-way, the required buffer may be reduced to no less than eight feet (type A land use buffer) provided there is a direct connection with the street and the front entrance with a pedestrian way.
               b.   When no more than ten parking spaces are located between the building and the right-of-way, the required buffer may be reduced to no less than 15 feet (S2 buffer) provided there is a direct connection with the street and the front entrance with a pedestrian way.
               c.   Buffers required on parcels that are part of redevelopment that preserves existing structures may be reduced up to a depth no less than ten feet (type A land use buffer) in order to meet the parking and tree preservation requirements of this chapter.
         (c)   Buffer types by roadway. Landscape buffers shall be required along roadways in accordance with the following table. Streets and roads not indicated in the table shall comply with the S2 buffer requirements. This division (D) describes buffer types and planting requirements.
         (d)   Development within buffer areas.
            1.   No development may occur within required buffer areas; with the exception of sidewalks, bus stops, and permitted drives and signs;
            2.   All buffer areas shall accommodate required plant material within the buffer;
            3.   Drainage swales and stormwater detention ponds may be placed in the buffer only when trees are not endangered and only when they meander through the buffer in a natural manner; and
            4.   Stormwater detention ponds may not occupy more than 25% of the buffer area.
Roadway Buffer
Type
Roadway Buffer
Type
Central Park Road
S3
Folly Road
S3
Fort Johnson Road [1]
S4
Grimball Road (Folly Road to Riverland Drive)
S3
Harborview Road
S1
James Island Connector
S4
Maybank Highway (James Island)
S1
Riverland Drive [1]
S4
[1] Denotes scenic road designation that shall require protection under the provisions of this chapter of all trees six inches or greater in diameter breast height (DBH) which are located within rights-of-way.
 
         (e)   Buffer depth and planting standards.
Buffer Type
Standard
S1
S2
S3
S4
S5
S6
Buffer Type
Standard
S1
S2
S3
S4
S5
S6
Min. buffer depth (feet from right-of-way) [1]
15
20
25
50
75
200
Min. buffer landscaping (plants per 100 linear feet) [2] [3]
   Canopy trees [4]
2
2
3
6
9
21
   Shrubs
30
35
40
50
60
75
   Street trees (may be counted toward canopy tree req.)
2
2
2
2
2
NA
   Understory trees (at least 50% evergreen)
3
4
5
9
12
20
All trees with a diameter breast height (DBH) of six inches or greater within buffers shall be preserved.
[1] Buffers may be traversed by permitted driveways and pedestrian ways.
[2] The retention of natural buffers shall be required along designated scenic roadways and encouraged along all other roadways. The Zoning Administrator shall be authorized to waive/modify minimum buffer planting requirements when an undisturbed natural buffer exists that is the same depth as that which is required.
[3] Bradford pears cannot be used to fulfill any of the tree requirements of this chapter. Any exotic species which are proposed by the designer are subject to the approval of the Zoning Administrator.
[4] When existing overhead utility lines are located such that they may pose interference with required canopy trees, Palmetto trees may be substituted to fulfill the canopy tree requirement. These trees are to be planted at a ratio of three Palmetto trees to one canopy tree and are to be planted in groupings of three.
Note: The Zoning Administrator shall be authorized to require the installation of berms within required buffers where deemed necessary to protect the visual quality of a road corridor or ensure land use compatibility.
 
      (2)   Land use buffers.
         (a)   Applicability.  
            1.   Land use buffers shall be provided in accordance with the standards of this section, provided that the Zoning Administrator shall be authorized to modify or waive buffer or landscape planting requirements if it is determined that:
               a.   Buffers will not serve any useful purpose due to the fact that fences, walls, berms, or landscaping of at least equivalent height, opacity, and maintenance already exist on the adjacent parcel;
               b.   Buffers will not serve any useful purpose due to the location of uses, vehicles, buildings, structures, or storage, loading, display, or service areas; or
               c.   The area of required buffers would exceed 25% of the site proposed for development.
            2.   When landscape buffer requirements are modified or waived, the Zoning Administrator may require that additional plant material be added within remaining buffers or elsewhere on the site.
         (b)   Exemptions. Single-family development on individual lots shall be exempt from the land use buffer requirements of this section.
         (c)   Determination of required buffers. The following procedure shall be used in determining which of the buffer types in the land use buffer table in division (D)(2)(d) below apply:
            1.   Determine the type of use proposed for the site that is being developed. This is the “proposed use” (column 1);
            2.   Determine the residential use type that exists on the adjacent parcel (if residential) or the zoning district classification that applies to the adjacent parcel. This is the “adjacent site’s use or zoning;”
            3.   Identify the type of landscape buffer required along the developing site’s boundary (A, B, C, D, E, or F); and
            4.   Refer to division (D)(2)(e) below to identify the buffer depth and landscaping standards for the required buffer type.
         (d)   Land use buffer table. Land use buffers shall be provided alongside and rear yards in accordance with the following minimum requirements.
Use or Zoning of Adjacent Site
Residential Type
Zoning District
Agricultural Use
Proposed Use
1
2
3
R [1]
OR
OG
CN
CC
I
Use or Zoning of Adjacent Site
Residential Type
Zoning District
Agricultural Use
Proposed Use
1
2
3
R [1]
OR
OG
CN
CC
I
Residential Type 1
-
A
B
-
A
B
B
C
D
F
Residential Type 2
A
-
A
-
A
B
B
C
D
F
Residential Type 3
B
A
-
-
A
A
B
C
D
F
Civic/Institutional
B
B
A
A
-
-
-
-
-
-
Commercial Type 1
B
B
B
B
-
-
-
-
-
-
Commercial Type 2
C
C
C
C
C
B
B
-
-
-
Industrial Type 1
E
E
D
D
D
D
C
B
-
-
Industrial Type 2
F
F
F
F
E
E
D
C
A
-
[1] Applies to undeveloped (vacant) R and AGR zoned property.
Residential use types: Type 1 = single-family detached; Type 2 = duplex and single-family attached; Type 3 = multi-family and all other residential use types, including manufactured housing parks.
Commercial use types: Type 1 = any commercial use allowed by right in an OR, OG, or CN District; Type 2 = all other commercial uses that are allowed in Commercial (C) Zoning Districts (Commercial uses are those listed in the “commercial” rows of Use Table 153.110).
Industrial use types: Type 1 = any industrial or commercial use that is first allowed in an Industrial (I) Zoning District; Type 2 = waste-related uses, resource extraction uses, and recycling centers.
 
         (e)   Buffer depth and landscaping standards.
Buffer Type
Standard
A
B
C
D
E
F
Buffer Type
Standard
A
B
C
D
E
F
Min. buffer depth (feet from property line)
10
15
25
40
60
100
Minimum land use buffer landscaping (plants per 100 linear feet) [1] [2]
 
 
 
 
 
 
   Canopy trees
2
3
3
5
7
9
   Shrubs
20
20
25
30
40
50
   Understory trees (at least 50% evergreen)
3
4
4
7
9
11
[1] The Zoning Administrator shall be authorized to require the installation of fences, walls, or berms within required buffers where deemed necessary to ensure land use compatibility or otherwise protect the visual quality of an area.
[2] All trees with a diameter breast height (DBH) eight inches or greater within buffers shall be preserved.
 
      (3)   General.
         (a)   Location of buffers. Buffers shall be located along the perimeter of a lot or parcel and shall extend to the boundary of the lot or parcel. They shall not be located on any portion of public right-of-way. Where drainage or other utility easements exist along property lines, required landscape buffers shall be located adjacent to the easement and may be reduced in width by the width of the easement, but in no case shall the buffer be less than ten feet. Required buffers shall be noted on all plats, plans, and permit requests submitted for review and approval under this chapter.
         (b)   Use of buffers. The Zoning Administrator shall be authorized to allow on-premises signs, fences, walls, berms, mailboxes, access to community boat ramps, permitted driveways, and sidewalks within required buffers. Other improvements maybe allowed within buffers if the Zoning Administrator determines that such improvements will not detract from the intended purpose and function of the buffer or have any adverse effect on adjacent property.
         (c)   Plant material within buffers. Plant material within required buffers shall be selected and spaced properly to allow plant material to thrive considering site specific conditions. Plant material to be located adjacent to public drainage easements and rights-of-way shall be selected and placed to not create future access or maintenance impediments including low lying lateral branches. Additionally, plant material within required buffers that contain utility easements shall be selected and sited to minimize pruning for future maintenance and clearance of such utilities. The Zoning Administrator must approve all selections and may require modifications (substitutions and relocation) of plant material on proposed landscape plans when necessary to ensure access and ease of maintenance to any easements and rights-of-way and to preserve the public health, safety, and welfare.
   (E)   Landscape plans. Landscape and planting plans submitted to meet the requirements of the chapter are to be drawn to the same scale as the site plan depicting proposed shrubs and trees at maturity. It is strongly encouraged that all landscape plans be prepared by a licensed registered landscape architect or landscape designer familiar with the growth habits and characteristics of plant material available in the town’s area. Landscape plans shall be prepared by a licensed, registered landscape architect whenever the area of land disturbance or
development activity exceeds one acre or when the total area of proposed building footprint exceeds 5,000 square feet.
   (F)   Landscape material standards. Landscape and plant material used to satisfy the standards of this chapter shall comply with the minimum standards of this section.
      (1)   Plant material.
         (a)   Existing plant material. Vegetation and plant material that exists on a parcel prior to its development may be used to satisfy the landscaping standards of this division (F) provided that it meets the size and locational requirements of this section.
         (b)   Size. Unless otherwise expressly stated, all plant materials used to satisfy the requirements of this chapter shall meet the following minimum size standards:
 
Plant Type
Minimum Size
Canopy tree
2-1/2 inches caliper and 12 feet in height
Evergreen/conifer tree
5 feet (height)
Shrubs
3 gallon and 18 to 24 inches in height or spread
Understory/ ornamental trees
8 feet (height)
Note: At least 50% of required understory trees shall be evergreens. Any plant material that grows to an ultimate height of less than 18 inches shall be considered a groundcover and cannot be used to fulfill any of the shrub requirements of this chapter.
 
         (c)   Species. Species of plant material used to satisfy the requirements of this section shall be indigenous to the town’s area or are cultivated to survive in the climate of this area. No single plant species shall represent more than 40% of total landscape plantings, except for projects whose landscape requirements for canopy trees are lower than ten.
         (d)   Quality. Plants installed to satisfy the requirements of this division (F) shall meet or exceed the plant quality standards of the most recent edition of American Standard for Nursery Stock, published by the American Association of Nurserymen. Plants shall be nursery-grown and balled and burlapped or container-grown.
         (e)   Additional landscape treatment. All required landscape areas, including drainage ways and detention/retention ponds, and buffers not dedicated to trees, shrubs, or preservation of existing vegetation shall be landscaped with grass, ground cover, or other landscape treatment, not including sand, rock, or pavement. All grass areas are to be installed using proper and accepted landscape methods to ensure germination and erosion control.
      (2)   Berms and landscape structures. Berms and landscape structures shall comply with the following minimum standards:
         (a)   Fences and walls. Fences and walls used as a screen shall be at least 95% opaque with a minimum height of six feet.
         (b)   Berms. Earthen berms shall have a minimum height of three feet with a slope not to exceed 3:1, variable dependent upon the plant materials and soil type used. The toe of any berm shall be located at least three feet from the ultimate right-of-way or property line.
   (G)   Installation, maintenance, and replacement.
      (1)   Installation. All landscaping shall be installed according to American Association of Nurserymen Standards and sound nursery practices in a manner designed to encourage vigorous growth. Site for plant material shall be repaired or improved in accordance with American Association of Nurserymen Standards for soil preparation and drainage. Subsurface drainage shall be provided where berms, elevated planting areas, or other suitable means for providing proper drainage do not exist.
      (2)   Irrigation. The Zoning Administrator shall be authorized to require the installation of automatic irrigation (sprinkler) systems when deemed necessary to ensure plant survival and proper growth.
      (3)   Maintenance and replacement. Required trees, shrubs, walls, and other landscape features shall be considered as elements of the project in the same manner as parking, building materials, and other details are elements of the plan.
         (a)   The land owner or successors in interest shall be jointly and severally responsible for the following:
            1.   Regular maintenance of all landscaping in good condition and in a way that presents a healthy, neat, and orderly appearance. All landscaping shall be maintained free from disease, pests, weeds, and litter. This maintenance shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching, or other maintenance, as needed and in accordance with acceptable horticultural practices, including ANSI Standards for Tree Care Operations and American Association of Nurserymen Standards;
            2.   The repair or replacement of required landscape structures (e.g., fences) to a structurally sound condition;
            3.   The regular maintenance, repair, or replacement, where necessary, of any landscaping required by this section; and
            4.   Continuous maintenance of the site as a whole.
         (b)   When replacement of trees, plant material, or other landscape features is required, such replacement shall be accomplished within one growing season, one year or such time-frame as required by the Zoning Administrator, whichever is shorter.
(Ord. 2012-06, § 9.5, passed 10-18-2012; Ord. 2013-07, passed 10-17-2013)

§ 153.336 ARCHITECTURAL AND LANDSCAPE DESIGN GUIDELINES.

   (A)   Purpose. The purpose of these standards is to promote attractive, well-designed development that is built to human scale; to promote and protect the appearance, character, and economic value of new development; to encourage creativity in new development (as opposed to homogeneity or “look-alike” projects); and to foster attractive streetscapes and pedestrian environments, while accommodating safe vehicular movements and access.
   (B)   Applicability. These standards shall apply to all developments that are subject to site plan review (see § 153.046).
   (C)   Architectural design guidelines. The intent of the architectural design guidelines is to ensure respect for the character, integrity, and quality of the built and natural environments of the town; it is not intended to stifle innovative architecture. The following criteria shall be used in evaluating applications:
      (1)   General design.
         (a)   Single, large building masses shall be avoided. Structures with walls of more than 1,500 square feet shall incorporate fascias, canopies, arcades, building setbacks of three feet or more, or other multi-dimensional design features to break up large wall surfaces on their street-facing elevations. Wall structures shall be visually divided by such features into areas of 750 square feet or less.
         (b)   All elevations of a structure shall be in harmony, one with another, in terms of scale, proportion, detail, material, color, and high design quality.
         (c)   The side and rear elevations of buildings shall be as visually attractive as the front elevation, especially where those side or rear elevations are most often viewed by the public. Rooflines and architectural detailing shall present a consistency in quality design.
         (d)   All structures within a proposed development, including gasoline canopies, shall utilize a uniform architectural theme and shall be designed to create a harmonious whole. It is not to be inferred that buildings must look alike to achieve a harmony of style. Harmony of style can be created through property considerations of scale, proportion, detail, materials, color, site planning, and landscaping.
         (e)   The scale of buildings and accessory structures, including canopies, shall be appropriate to the scale of structures located in the surrounding area. Canopies designed as domineering or overpowering architectural features are strongly discouraged.
         (f)   Long, monotonous facade design, including, but not limited to, those characterized by unrelieved repetition of shape or form or by unbroken extension of line, shall not be permitted.
         (g)   The architectural design and material finish of buildings, signage, gasoline pump canopies, and other necessary structures shall be compatible with one another and with adjacent and surrounding structures where such structures are substantially in compliance with these requirements.
         (h)   Structures which are of symbolic design for reasons of advertising shall not be permitted. A symbol or symbols attached to a building shall not be allowed unless it is secondary in appearance to the structure and landscape and is an aesthetic asset to the building and surrounding area.
         (i)   The location and dimension of wall signs shall be indicated upon the architectural elevations of proposed structures and shall maintain compatibility with the architectural features of the structure.
      (2)   Building materials.
         (a)   Concrete finishes or pre-cast concrete panels (tilt wall) that are not exposed aggregate, hammered, sandblasted, or covered with a cement-based acrylic coating shall be prohibited as an exterior building material along any building elevation visible from public rights-of-way.
         (b)   Unpainted or bare metal panels, regardless of depth or thickness, shall be prohibited as an exterior building material.
         (c)   Corrugated of sheet metal, except stainless steel, copper, or galvanized metal shall be prohibited as an exterior building material along any building elevation visible from public rights-of-way.
         (d)   Mirrored glass with a reflectance greater than 40% shall be prohibited from covering more than 40% of the exterior walls of any building.
         (e)   Materials shall express their function clearly and honestly and shall not appear as materials which are foreign to the character of the rest of the building.
         (f)   Any building exterior elevation shall consist of architectural materials which are equal in quality, appearance, and detail to all other exterior elevations of the same structure. Nothing in this section shall preclude the use of different materials on different exterior elevations of the same structure so long as those materials maintain the architectural unity and integrity of the entire structure.
         (g)   Shingles, metal standing seam, tile, or other roofing materials with similar appropriate texture and appearance shall be utilized. Flat roofs will not be discouraged where they are appropriate to the design theme of a structure.
      (3)   Building color.
         (a)   Color shades shall be used to unify the development.
         (b)   Color combinations of paints shall be complimentary. In no case shall garish colors be permitted. In general, no more than three different colors per building shall be allowed.
      (4)   Multiple building developments. Each individual building within a development shall feature predominant characteristics including, but not limited to, consistent rooflines, use of compatible proportions in building mass and outdoor spaced, complementary relationships to the street, similar window and door patterns, and the use of complimentary building materials in terms of color, shades, and textures. Monotony of identically designed multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest. The use of different textures, shadow lines, and contrasting shapes may also be used to provide visual interest.
      (5)   Building orientation.
         (a)   Facades and entries. To the maximum extent feasible, primary facades and entries should face the adjacent street or a connecting walkway with a direct pedestrian connection to the street without requiring pedestrians to walk through parking lots or cross driveways.
         (b)   Views. Where it is reasonably practical, proposed structures shall not impede scenic rural views from the main road, from existing structures, or from natural settings.
         (c)   Loading areas. Structures shall be oriented so that loading areas are in no manner visible from residential districts, from existing rights-of-way, or from planned future public rights-of-way. Loading areas may be oriented toward adjoining developed properties which are commercially zoned or toward adjoining properties eligible for future commercial development if and only if they are entirely screened from view by the use of fencing which is compatible with the overall architectural scheme of the project and/or are appropriately landscaped.
         (d)   Corners. All corner developments shall have buildings located close to the corner with majority of parking to the side and rear.
         (e)   Siting. All buildings shall be sited so that a direct relationship with the primary street is established. The architecture, landscaping, and building siting must work in concert to create a unified appearance.
         (f)   Gas stations. Buildings shall be sited so that gasoline pump dispensers are located to the side of the building or located behind the buildings so that the building is between the pumps and the primary street frontage. If located on a corner lot, the building would have to be situated in the corner of the lot at the intersection.
      (6)   Mechanical equipment and trash receptacle screening. Locations of all mechanical equipment and dumpsters shall be shown on all site plans. All mechanical equipment and trash receptacles shall be shielded and screened from public view, Mechanical equipment shall be shielded with walls, fencing, or landscaping that screens the equipment entirely. Dumpsters shall be screened with a minimum six-foot opaque fence or wall on all four sides and located toward the side or rear of the principal structure.
      (7)   Drive-through services. All order boxes, menu stands, pickup windows, service/teller windows, and required vehicle stacking associated with drive-through services shall be located to the side or rear of buildings. For the purpose of this section, the SIDE OR REAR shall mean the area behind a projected line running parallel from the front (street facing) side(s) of the structure to the side property lines. This concept is depicted in the graphic below:
   (D)   Landscaping design guidelines. The purpose and intent of landscaping design guidelines is to reduce the visibility of paved areas from adjacent properties and streets, moderate climatic effects, minimize noise and glare, and enhance public safety by defining spaces to influence traffic movement. Landscaping will reduce the amount of stormwater runoff and provide transition between neighboring properties. The following criteria shall be used in evaluating applications:
      (1)   General design.
         (a)   Landscaping shall be required between buildings and sidewalks and parking lots and driveways. The scale of the proposed landscaping shall be in proportion to the building.
         (b)   Landscaping does not only include trees and plantings but also paving, benches, fountains, exterior lighting fixtures, fences, and any other item of exterior furniture. All items of the landscape are to be selected not only for their functional value but for their aesthetic value and must compliment the whole.
         (c)   All utility lines in the suburban areas such as electric, telephone, CATV, or other similar lines serving individual sites, as well as all utility lines necessary within the property, shall be placed underground. All junction and access boxes shall be screened with appropriate landscaping. All utility pad fixtures and meters should be shown on the site plan. The necessity for utility connections, meter boxes, and the like should be recognized and integrated with the architectural elements of the site plan. All properties shall comply with the town’s right-of-way management ordinance where applicable.
         (d)   Ease of pedestrian access between proposed developments and adjacent developments shall be a required consideration in the development of a proposed project’s site and circulation plans.
      (2)   Parking; drives.
         (a)   Parking areas and driveways shall be paved with material which is appropriate to the comprehensive design scheme of the project and to the intensity of use to which parking areas and driveways will be subject.
         (b)   Buildings shall be sited so that the majority of parking is located to the side and rear of the building. The placement of the major portion of a proposed development’s parking area to the rear of a main structure’s corridor facade or within a courtyard surrounded on three sides by a proposed structure is strongly encouraged. The rationale for this guideline is to promote good proportional spatial definition for the corridors to be accomplished through a reduction in the distance required for a building’s setback.
         (c)   Drive-through access shall be integrally designed with the building and not dominate the design. Only single lane drive-throughs are allowed. Multi-lane drive-throughs are only allowed for banks (or similar financial institutions), post office, or utilities.
      (3)   Site lighting. Site lighting shall be from a concealed light source fixture and shall not interfere with the vision of vehicular traffic. A lighting plan with photo-metrics shall be stamped and signed by a registered professional engineer and comply with the following criteria:
         (a)   Maximum average foot-candles shall not exceed five foot candles as depicted on photometric plans with a maximum not to exceed 12 foot candles close to light sources. Maximum foot candles under gasoline canopies and outdoor sales lots shall not exceed 30 foot candles.
         (b)   All exterior lights shall be arranged and installed so that the direct of reflected illumination does not exceed 0.5 foot candles above the background measured at the lot line of any adjoining residential or agricultural parcel and public right-of-way.
         (c)   Lighting shall enhance the overall aesthetics of the site.
         (d)   Security lighting shall be provided, particularly at pedestrian walkways.
         (e)   Lighting shall be integrated with the architectural design of the buildings.
         (f)   Light sources (light bulbs) shall not be visible. They shall be shielded to reflect down onto the ground and not out onto the streets or neighboring property.
(Ord. 2012-06, § 9.6, passed 10-18-2012; Ord. 2013-07, passed 10-17-2013)

§ 153.337 WETLANDS, WATERWAYS, AND OCRM CRITICAL LINE.

   (A)   Wetland buffers and setbacks.
      (1)   Intent. The buffer standards of this section are intended to provide a natural vegetated area between the furthermost projection of a structure, parking or driveway area, or any other building elements and all saltwater wetlands, waterways, and OCRM (saltwater) critical lines. The purpose of these required buffers is to provide a visual, spatial, and ecological transition zone between development and the town’s saltwater wetlands and waterways and to protect water quality and wildlife habitat.
         (a)   Standards. The following minimum wetland/waterway buffers/setbacks shall be required:
 
Minimum Buffers/Setbacks (feet)
NRM-25
AG-5
AGR
RSL
RSM
OCRM critical line buffer
35
35
35
15
15
Setback from OCRM critical line
50
50
50
35
35
 
 
Minimum Buffers/Setbacks (feet)
MHS
OR
OG
CN
CC
I
OCRM critical line buffer
15
35
35
35
35
35
Setback from OCRM critical line
35
50
50
50
50
50
 
      (2)   Measurement. Required OCRM critical line buffers and setbacks shall be measured from the OCRM critical line, whether the critical line or wetland/waterway is located on, adjacent to, or near the subject parcel.
      (3)   Lot width. The minimum lot width standards of the underlying zoning district shall apply at the required buffer or setback line.
   (B)   Prohibited activities. The following activities are specifically prohibited in a buffer area:
      (1)   Removal excavation or disturbance of the soil, except for minimal disturbance associated with the planting of shrubs or trees for landscaping;
      (2)   Grassed lawns requiring regular maintenance such as herbicides, pesticides, fertilizers, and frequent mowing;
      (3)   Gardens, fences or structures, except for permitted crossings;
      (4)   Paved or other impervious surfaces; and
      (5)   Destruction or addition of plant life which would alter the existing pattern of vegetation.
(Ord. 2012-06, § 9.7, passed 10-18-2012; Ord. 2013-07, passed 10-17-2013; Ord. 2024-10, passed 11-21-2024)

§ 153.338 HISTORIC PRESERVATION.

   (A)   Intent. The standards of this section are intended to safeguard the integrity of historic structures, sites, and their context and to protect public views of these resources along public rights-of-way.
   (B)   Applicability. The standards of this section shall apply to all sites (existing and future) listed on the National Register of Historic Places.
   (C)   Demolition. No demolition of a historic structure or site may occur until a special exception has been approved in accordance with the provisions of this chapter.
   (D)   Moving. No relocation of a historic structure or site may occur until a special exception has been approved in accordance with the provisions of this chapter. Relocation should not be considered, except as a final alternative to demolition.
   (E)   New construction; exterior alterations. No new construction located on a historic structure or site or significant exterior alteration of a historic structure of site may occur until a special exception has been approved in accordance with the provisions of this chapter. The applicant must demonstrate that all proposed renovations are consistent with the National Register of Historic Places (NRHP) such that the structure shall remain listed on the NRHP following the completion of the proposed new construction and exterior alterations.
   (F)   Nearby development. Subdivision plats for multi-family, office, commercial, or industrial development or residential subdivisions proposed to be located within 300 feet of a historic structure or site should be reviewed to determine their impact on the historic site. The Zoning Administrator shall require that potential negative impacts be minimized through the location of vehicular access points, screening, buffering, and other site design tools.
(Ord. 2012-06, § 9.8, passed 10-18-2012; Ord. 2013-07, passed 10-17-2013)

§ 153.339 TRAFFIC IMPACT STUDIES.

   (A)   Applicability. A traffic impact study shall be required with applications for zoning map amendments, preliminary plats, and planned developments that are projected to generate 20 or more peak hour vehicle trips, based on trip generation rates from the latest edition of the Institute of Transportation Engineers trip generation manual. The Planning or Public Works Director shall also be authorized to require traffic impact studies when it is determined that a proposed development is likely to have a significant impact on transportation capacity, transportation levels of service, or traffic safety in the vicinity of the proposed development.
   (B)   Study scope. When a traffic impact study is required, the type and scope of the study shall be determined during a scoping meeting with the Planning and Public Works Directors. The meeting may also involve representatives of or request assessments from other agencies and departments. The elements to be determined during the scoping session shall include:
      (1)   Type of study. The possible types of reports include: a letter report, full traffic impact analysis report, or special report (e.g., sight distance survey);
      (2)   Definition of impact area. The points of access and key streets and intersections that may be affected by development of the subject tract constitute the impact area. Traffic recorder and turning movement assessment locations shall be determined;
      (3)   Period of analysis. Periods of analysis may include: daily traffic, a.m., p.m., or weekend peak hour;
      (4)   Analysis scenarios. Scenarios for analysis include: existing conditions, opening year conditions with and without development, and ten years after opening with and without development;
      (5)   Process. Process for determining trip generation and distribution including: trip generation category, diversion assumptions, and distribution assumptions;
      (6)   Growth rate assumption. The rate of growth assumed in background traffic assumptions; and
      (7)   Pipeline development. Developments in the area that have been approved or are under review.
   (C)   Traffic study elements. A letter report or special report shall include those elements agreed upon in the scoping meeting. A full traffic study shall include the following elements.
      (1)   Existing condition survey.
         (a)   Street system description. The street system shall be described including geometric features, lane usage, traffic control, signage, sight distances and adjacent uses, and curb cuts.
         (b)   Traffic volumes. Existing traffic volumes shall be provided for the impact area including both AADT (average annual daily traffic) and “design” peak hour volumes. AADT may be derived from current counts of the State Department of Transportation (if available) and peak hour volumes shall be determined from field counts. Data shall be adjusted for daily and seasonal variations. Turning movement counts for the peak hour shall be provided for critical intersections. Peak hour periods shall be as determined at the scoping meeting.
         (c)   Capacity analysis. Existing capacity of signalized and unsignalized intersections.
         (d)   Other. Other items may be required at the discretion of the Public Works Director depending upon the type and scale of the project. These may include, but are not limited to: queue length analysis, pedestrian counts, accident data, traffic speeds (both fiftieth and eighty-fifth percentile) and stopping sight distance.
      (2)   Future without development. Capacity analysis is to be provided for opening year and plus ten-year for key intersections (and roadway segments where appropriate) without the development but including any planned developments. The analysis shall be based upon the Highway Capacity Manual or other methodologies approved in advance by the Public Works Director.
      (3)   Future with development.
         (a)   Projection of the daily and peak hour traffic generation of the project shall be made using the latest edition of the Institute of Transportation Engineers trip generation manual unless the Public Works Director determines that locally derived data will provide more accurate forecasts. Data from similar facilities may be used where the information is not available from the Institute of Transportation Engineers.
         (b)   The projected trips shall be distributed onto the road network as agreed in the scoping meeting.
         (c)   Capacity analysis for opening year and plus ten-year for key intersections (and roadway segments where appropriate.
         (d)   Special analysis as may be required to determine warrants for signalization, minimum safe sight distances, gap analysis, turning radius requirements, queue length analysis, turning lane length analysis, curb cut locations, or similar requirements.
      (4)   Mitigation plan. Where the analysis indicates that the project will create deficiencies in the impact area, improvements shall be recommended which shall include projected cost estimates. The design of improvements shall be in accordance with specifications of the Public Works Director and, where appropriate, the State Department of Transportation. Where a decision-making body determines that a mitigation plan is not adequate to address the traffic impacts of the project, it may serve as a basis for denial of the rezoning, preliminary plat, or planned development request.
      (5)   Consultants. The Public Works Director may require that a mutually agreed upon independent consultant be hired by the town to perform required traffic impact studies or to review all or part of a study prepared by the applicant’s consultants. The Public Works Director is authorized to administer the contract for such consultants.
         (a)   The Public Works Director shall determine the scope of services to be performed by the independent consultant and receive a cost estimate of such services.
         (b)   The applicant shall provide an amount equal to the estimate to the Public Works Director, who will deposit the amount in an escrow or special account set up for this purpose. Any funds not used for the independent consultant shall be returned to the applicant in a timely manner without interest.
         (c)   The Public Works Director may require additional fees for the independent review if: the decision-making body expands the scope of the required review; the applicant substantially amends the application; additional meetings involving the consultants are requested by the applicant; the consultant’s appearance is requested at Planning Commission or Town Council meetings beyond what was initially anticipated; or the consultant’s attendance is required at meetings with regional, state, or federal agencies or boards which were not anticipated in the earlier scope of services.
(Ord. 2012-06, § 9.9, passed 10-18-2012; Ord. 2013-07, passed 10-17-2013)

§ 153.340 VISION CLEARANCE ON ROADWAYS.

   (A)   Major roadways. Corner lots on major roadways shall have not structure or obstruction that obscures travel visions from 30 inches to ten feet above ground level in a triangular area formed by measuring from the point of intersection to the front and side lot lines a distance of 40 feet along the lot lines and connecting the points to form a triangle.
   (B)   Collector streets. On collector streets, the triangular area formed by measuring from the point of intersection of the front and side lot lines is 30 feet.
   (C)   Sub-collector streets. On sub-collector streets, the triangular area formed by measuring from the point of intersection of the front and side lot lines is 20 feet.
   (D)   Private drives and private lanes. On private driveways of commercial or industrial activities, the triangular area formed by measuring from the point of intersection of the drive edge is 15 feet.
(Ord. 2012-06, § 9.10, passed 10-18-2012; Ord. 2013-07, passed 10-17-2013)

§ 153.341 SIGNS.

   (A)   General provisions.
      (1)   Purpose. This section provides comprehensive regulations for signage in the town designed to promote public safety and welfare by highways, facilitating the efficient transfer of information and thus enhancing traffic flow and the ability to locate needed goods and services.
      (2)   Administration and enforcement.
         (a)   Non-commercial copy. Any sign authorized in this division (A) is allowed to contain non-commercial copy in lieu of any other copy. Non-commercial on-premises signs are permitted in any zoning district provided that such signs comply with the regulations of that district.
         (b)   Building and Electrical Code standards. All permanent signs must meet the structural and installation standards of the Standard Building Code and electrical standards of the National Electrical Code as enforced by the Town Building Inspector.
         (c)   Permit required. No signs, except real estate signs shall be erected unless a zoning permit has been issued by the Zoning Administrator in accordance with the procedures of this chapter.
         (d)   Fees. An applicant for a zoning permit shall pay such fees as determined necessary for application processing. These fees are due upon submission of an application and shall be determined by the Town Council.
         (e)   Documentation of signs. Upon request, the owner of any existing sign shall provide the town’s Zoning Administrator with evidence that documents the size, location, and date of construction of all existing signs on the premises.
      (3)   Prohibited signs.
         (a)   Except as otherwise permitted by this chapter, the following signs will be prohibited:
            1.   Flashing signs;
            2.   Pennants, streamers, and other animated signs;
            3.   Signs imitating traffic devices (signal);
            4.   Signs imitating traffic signs;
            5.   Signs in marshes;
            6.   Signs in rights-of-way;
             7.   Snipe signs (except when permitted per division (E) below);
            8.   Vehicle signs;
            9.   Roof signs;
            10.   Banners (except when permitted per division (E) below);
            11.   Flutter feather banner flags;
            12.   LED message boards (except for civic/institutional uses when approved by Zoning Administrator); and
            13.   Inflatables used for advertisement purposes.
         (b)   Note: Campaign signs are not considered snipe signs and are not regulated by this chapter provided they are located outside any right-of-way. However, all campaign signs must be removed within 15 days after the election.
      (4)   House numbers. All permanent, free-standing, on-premises signs shall contain house numbers containing numbers at least four inches in height. The area devoted to required house numbers shall not be included in the calculation of maximum sign area.
      (5)   Illumination. All lighted on-premises signs shall comply with all dimensional standards set forth in this chapter. Additionally, internally illuminated signs on property not adjacent to commercial or industrial uses shall have an opaque background on the sign face with a maximum of 80 watts per bulb and no more than one bulb per foot in height of the sign face.
      (6)   Signs in disrepair. Signs in disrepair shall be repaired, renovated, or removed from the premises within 60 days following notice by the Zoning Administrator.
      (7)   Abandoned signs. Signs advertising a person, business, service, event, or other activity that is no longer available or other signs that contain inaccurate or outdated information shall be considered abandoned. Remedial action shall be taken within 30 days after a sign becomes abandoned. If no remedial action is taken, the Zoning Administrator shall give notice to the owner of record who shall have 30 days to remove the sign prior to any further enforcement action being pursued. This provision shall apply to all abandoned signs, including those abandoned before April 21, 1999.
      (8)   Signs interfering with vehicular vision.
         (a)   In the area near the entrance of a driveway, no sign shall obscure the travel vision from 30 inches to ten feet above ground level in triangular areas formed by measuring from the point of intersection of any front lot line and driveway, a distance of 15 feet along the front lot line and driveway and connecting the points to form a triangle.
         (b)   No sign or structure shall be erected so as to interfere with the vision of vehicles operated along any highway, street, road, or driveway or at any intersection of any street, highway, or road with a railroad track. Signs determined by the Zoning Administrator to be in violation shall be removed or relocated immediately upon notice.
   (B)   Standing signs.
      (1)   Reserved.
      (2)   A maximum of one reader board shall be allowed per zoning lot for single or multi-tenant structures containing office, commercial, or industrial uses if attached to permanent, free-standing signs. The area of the reader board shall be included in the site’s total sign area allowance.
      (3)   Maximum six-foot height and 40 square feet in OR, CN, and CT Zoning Districts.
      (4)   Maximum eight-foot height and 50 square feet in the CC Zoning District.
      (5)   The predominant materials used for free-standing signs, excluding copy material or materials not visible from the public right-of-way, must incorporate the following:
         (a)   If the predominant building materials, colors, and design elements on the principal building conform to § 153.336(C)(2) of this code, the exterior sign materials must complement those found on the principal structure as reviewed and approved through the site plan review process.
         (b)   Materials, design, and color of the sign do not need to be the same as those found on the principal structure to be considered complimentary.
      (6)   Signs that are located in parking lots (such as directional signs) may be internally lit when constructed with routed letters or an opaque background.
      (7)   The hanging or attachment of objects is not permitted unless they are shown on the drawings approved for sign construction and meet all the requirements of this chapter.
      (8)   Shared shopping center signs shall be allowed and required with a maximum ten-foot height and 100 square feet.
      (9)   Sign regulations for properties located in overlay districts can be found in §§ 153.090 through 153.093.
   (C)   Wall/facade signs.
      (1)   Number. A maximum of two signs shall be allowed per wall/facade, with a maximum of four per building. Total area of all signs shall not exceed square footage of Table 153.341.C.
      (2)   Size. Maximum size of wall/facade signs is dependent upon building frontage and setback, in accordance with Table 153.341.C.
      (3)   Objects. The hanging or attachment of objects is not permitted unless they are shown on the drawings approved for sign construction and meet all the requirements of this chapter.
      (4)   Awning signs.
         (a)   The use of awnings for the purpose of providing signage will be considered a wall sign. The awning signage must meet all dimensional and intensity standards applicable to wall signs in this section.
         (b)   For purposes of division (C)(4), an AWNING SIGN is a sign used for the purpose of providing signage and must be located above a display window or entryway.
         (c)   Text or graphic shall be limited to the face of an awning.
Table 153.341.C
Wall/Facade Signs
Building Length Facing Street
Setback (ft.)
Maximum Size
(sq. ft.)
Table 153.341.C
Wall/Facade Signs
Building Length Facing Street
Setback (ft.)
Maximum Size
(sq. ft.)
50 feet or less
0 – 99
50
100 – 399
100
400 or more
150
More than 50 feet
0 – 99
Bldg. frontage x 1
100 – 399
Bldg. frontage x 2
400 or more
Bldg. frontage x 3
 
   (D)   Special signs. Maximum size, number, location and height of special signs shall conform with Table 153.341.D and the following standards:
      (1)   Flags used as signs.
         (a)   A permit shall be required for the installation of all flagpoles or flag display devices erected on lots zoned for multi-family, office, commercial, or industrial use or occupied by a multi-family, office, commercial, or industrial use.
         (b)   Applicants must submit with the permit application a scaled site plan giving the location of all flagpoles and complete dimensional and installation engineering data.
         (c)   Applicants must provide documentation of minimum clearance from electric, telephone, or cable TV lines as certified by the proper utility prior to issuance of permit or installation.
         (d)   Maximum size and number of flags used as signs and height of flagpoles shall conform with Table 153.341.D of this chapter.
         (e)   The American flag and the flag of the state are exempt from the provisions for maximum size of flags and maximum size of flagpoles in Table 153.341.D of this chapter.
      (2)   Sandwich board/sidewalk sign. A permit may be issued for a maximum of two sandwich board signs per lot or business provided the signs comply with the following criteria:
         (a)   The sign is located within the commercial zoning districts on the subject parcel or in front of the business being advertised;
         (b)   It is a maximum of three feet in height with a maximum of nine square feet per sign face;
         (c)   The sign is erected only during the hours of operation of the subject business and must be removed daily after close of business; and
         (d)   The sign is not located within any rights-of-way or within any pedestrian ways which would impede or interfere with vehicular or pedestrian use of roads, sidewalks, or seating areas.
      (3)   Shared free-standing signs.
         (a)   Off-premises shared free-standing signs are allowed in the commercial and industrial zoning districts for the advertisement and identification of two or more businesses or residential developments located on separate parcels.
         (b)   One shared sign is allowed at the location of a jointly shared curb cut/entry drive.
         (c)   Multiple businesses may participate on multiple shared signs; however, a business that participates on a shared free-standing sign shall not be allowed to erect a single tenant on-premise free-standing sign.
         (d)   Participating businesses must either share a property boundary on at least one side or be part of an approved multi-parcel development.
         (e)   Shared free-standing signs must meet all other setback and dimensional standards for nonresidential free-standing signs including all architectural standards and overlay district requirements of this chapter.
      (4)   Off-premises bona fide agricultural use signs. Off-premises signs advertising products from bona fide agricultural uses, related activities, and farm identification may be permitted on properties located in agricultural or commercial zoning districts, subject to the following requirements.
         (a)   A maximum of one off-premises sign is permitted per bona fide agricultural use.
         (b)   The applicant shall submit a plan drawn to scale showing the proposed location of the sign on the property on which the sign is to be placed.
         (c)   The sign shall comply with the setback and dimensional requirements of Section 9.11.2 of Ordinance 2012-06. The applicable requirements of Section 9.11.2 of Ordinance 2012-06shall be determined based on the zoning district of the property where the sign is to be located.
         (d)   The sign shall be located outside of any rights-of-way and easements, shall comply with the requirements of § 153.340, Vision clearance, of this code, and shall not be internally or externally illuminated.
         (e)   The applicant shall submit a signed letter of intent and supporting documentation indicating that the primary use of the property being advertised is a bona fide agricultural use as defined in this chapter and that the products and events advertised are grown, produced, and/or will occur on the bona fide agricultural use property.
         (f)   The applicant shall submit a signed letter of agreement from the property owner of the parcel on which the sign is to be located stating that the property owner will allow the sign to be erected at the location indicated on the site plan.
         (g)   The sign shall comply with all other applicable sections of this chapter.
         (h)   Off-premises bona fide agricultural use sign permits shall be assigned to the property on which the sign is to be located.
 
Table 153.341.D
Special Signs
Type
Maximum Size
Maximum Number
Minimum Setback Maximum Height
Civic/institutional
100 sq. ft.
50 sq. ft. in residential or agricultural uses
1 per zoning lot
Minimum setback: 5 ft.
Maximum height: 12 ft.
Sign must have opaque background except the marquee. Marquee cannot exceed 25% of total sign size
Directional
3 sq. ft.
Unlimited
4 ft.
Flags
60 sq. ft.
3 per zoning lot
35 ft. or 15 ft. above highest point of roof
Subdivision/multi-family I.D. signs
32 sq. ft.
2 per entrance
Minimum setback: 5 ft.
Maximum height: 12 ft.
 
   (E)   Temporary signs.
      (1)   All temporary signs, unless expressly exempt, require a zoning permit and shall comply with all other regulations of this chapter. Maximum size, number, duration, location, and height of temporary signs shall conform with Table 153.341.E and the following standards:
         (a)   Portable signs are permitted in accordance with standards of the National Electrical Code and anchoring provisions of the International Building Code where applicable.
         (b)   A site plan and letter of intent indicating the type, amount, and location of balloons, pennants, streamers, banners, and portable signs must be submitted for review. The application will be reviewed to ensure that all proposed signage will not pose any pedestrian or vehicular danger as determined by the Zoning Administrator.
      (2)   Special sales event signs.
         (a)   A legally established business may submit an application for temporary signs for the advertisement of one grand opening and five special sales events per calendar year.
         (b)   Permitted signs for grand openings or special sales events shall be removed no later than ten consecutive days after being installed.
      (3)   Permitted temporary special events.
         (a)   A permitted special event is allowed one special event sign per event.
         (b)   Signs for permitted special events shall be removed no later than ten consecutive days after being installed.
      (4)   Real estate signs.
         (a)   Signs less than 12 square feet do not require a zoning permit.
         (b)   All signs shall be removed no later than 15 days after the property is sold.
         (c)   Signs shall face a maximum of two directions, and may be mounted back-to-back or V’ed.
         (d)   Where signs are V’ed, the space between panels shall not exceed three feet at the point at which panels are closest, and the interior angle formed by signs shall not exceed 60 degrees. For purposes of these requirements, V’ed signs shall be counted as one sign.
         (e)   Where signs face two directions, whether back-to-back or V’ed, both signs must be the same standard size.
      (5)   Snipe signs.
         (a)   Signs less than 12 square feet do not require a zoning permit.
         (b)   All snipe signs shall be removed no later than ten consecutive days after being installed and are only allowed for civic/institutional uses.
      (6)   Nonconforming signs. Refer to §§ 153.355 through 153.361, Nonconformities.
 
Table 153.341.E
Temporary Signs
Type
Maximum Size
Maximum Number
Minimum Setback Maximum Height
Permitted grand opening and special sales event signs
50 sq. ft.
2 per zoning lot including banners,
Balloons (max. 2 square ft.), pennants, streamers allowed
Minimum setback: 5 ft.
Permitted temporary special event signs
100 sq. ft.,
50 sq. ft. in residential and agricultural districts and no internal illumination
1 per zoning lot
Minimum setback: 5 ft.
Maximum height: 12 ft.
Maximum 6 ft. height in residential zoning districts
Real estate signs
48 sq. ft.
1 per 1,500 ft. frontage
Maximum: 3 per lot
Minimum setback: 5 ft.
Maximum height: 12 ft.
Maximum 6 ft. height in residential zoning districts
 
(Ord. 2012-06, § 9.11, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012; Ord. 2013-07, passed 10-17-2013; Ord. 2014-09, passed 7-17-2014; Ord. 2017-01, passed 2-16-2017; Ord. 2019-04, passed 8-15-2019; Ord. 2025-02, passed 3-20-2025)

§ 153.342 DRAINAGE DESIGN.

   Refer to the County Stormwater Management Ordinance No. 1518 approved on August 14, 2007 and found in Appendix B of Ordinance 2012-06, as amended.
(Ord. 2012-06, § 9.12, passed 10-18-2012; Ord. 2013-07, passed 10-17-2013)

§ 153.343 EXHIBITS.

   The following exhibits are for illustration purposes only. In case of any difference of meaning or implication between the text of this chapter and any heading, drawing, table, figure, or illustration, the text shall control.