James Island City Zoning Code
BASE ZONING
DISTRICTS
§ 153.065 GENERAL; ESTABLISHMENT, INTERPRETATION, SPLIT PARCELS.
(A) Establishment. The following base zoning districts are hereby established:
District Name | Comprehensive Plan Land Use Designation | |
District Name | Comprehensive Plan Land Use Designation | |
NRM-25 | Resource Management | N/A |
AG-5 | Agricultural Preservation | N/A |
AGR | Agricultural/Residential | N/A |
RSL | Low-Density Suburban Residential | Suburban Residential/Residential Low Density |
RSM | Moderate-Density Suburban Residential | Mixed Style Residential/Residential Moderate Density |
MHS | Low-Density Manufactured Housing Subdivision | Suburban Residential/Residential Low Density |
OR | Residential Office | Office |
OG | General Office | Office |
CN | Neighborhood Commercial | Commercial Neighborhood |
CC | Community Commercial | Commercial |
I | Industrial | N/A |
PD | Planned Development | Planned Development (All areas of Plan) |
(B) Zoning district references.
(1) References in this chapter to “nonresidential” zoning districts shall be construed as references to all base zoning districts beginning with the letters “O” (office), “C” (commercial), or “I” (industrial).
(2) References to “residential” zoning districts shall be construed as references to all base zoning districts beginning with the letter “R” or “M.”
(3) References to “agricultural” zoning districts shall be construed as references to all base zoning districts beginning with the letter “A.”
(4) References to “natural resource” zoning districts shall be construed as references to all base zoning districts beginning with the acronym “NRM.”
(C) Zoning district hierarchy. Under the hierarchy established by this chapter, the NRM-25 District is the most restrictive base zoning district, while the I District is the least restrictive base zoning district. The table of division (A) above presents the districts in order from most to least restrictive. The planned development, overlay, and special purpose zoning districts are not included in the zoning district hierarchy.
(D) Existing and proposed parcels containing split zoning parcels.
(1) Existing lots of record with split zoning districts. Uses and development standards for existing lots of record with split zoning districts shall be limited to the most restrictive zoning district within the parcel per § 153.009, Conflicting provisions, and division (C) above, Zoning district hierarchy.
(2) New parcels. No new parcels with split zoning districts shall be created. A property boundary line may be created to eliminate the existing split zoning districts, provided the proposed parcels meet the minimum lot area requirements for the zoning district each parcel is to be located.
(3) Mixed use. This division (D) does not apply to mixed use developments such as parcels zoned RSM or PD or the overlay and special purpose zoning districts.
(4) Amendment. Property owner(s) with existing split zoning districts shall apply for a zoning map amendment (rezoning) in order to eliminate split zoning districts if the Comprehensive Plan supports the proposed future land use or file a Comprehensive Plan amendment.
(Ord. 2012-06, § 4.1, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.066 MEASUREMENTS, COMPUTATIONS AND EXCEPTIONS; DIMENSIONAL STANDARDS DEFINED.
(A) Density.
(1) DENSITY refers to the number of dwelling units per unit of land area. Density is calculated by dividing the number of dwelling units on a site by the gross area (in acres) of highland (including retention ponds) of the site on which the dwelling units are located. The number of dwelling units allowed on a site is based on the presumption
that all other applicable standards of this chapter shall be met. The maximum density established for a district is not a guarantee that such densities may be obtained, nor shall the inability of a development to achieve the stated maximum density be considered sufficient justification for varying or otherwise adjusting other density, intensity, or dimensional standards of this chapter.
(2) Additional dwelling units. Additional dwelling units may be placed on a lot in which a principal dwelling unit is existing, provided that the additional dwelling unit complies with all dimensional standards of the applicable zoning district, as contained in these chapters, including all density, setback, buffer, building coverage, stormwater standards, height requirements, and waterfront development standards.
(B) Lot area.
(1) Measurement. LOT AREA refers to the horizontal land area within lot lines, including retention ponds.
(2) Exceptions. No zoning permit, building permit, or development approval may be issued for a lot that does not meet the minimum lot area requirements of this chapter except in the following cases:
(a) Nonconforming lots may be used in accordance with the provisions contained in §§ 153.355 through 153.361 of this code.
(b) Utilities using land or unoccupied buildings covering less than 1,000 square feet of site area shall be exempt from minimum lot area standards.
(3) Absence of sewer or water. In the absence of public water or public sewer, no zoning permit or building permit shall be issued until the lot meets all applicable requirements of this chapter and the State Department of Health and Environmental Control (DHEC).
(C) Setbacks. SETBACKS refer to the unobstructed, unoccupied open area between the furthermost projection of a structure and the property line of the lot on which the structure is located, except as modified by the standards of this section.
(1) Exceptions to setbacks. Every part of a required setback must be open and unobstructed from the ground to the sky except as set out in this division.
(a) Trees, shrubbery, or other landscape features may be located within any required setback; however, they shall be selected for site specific conditions. Plant material to be located adjacent to public drainage easements and rights-of- way shall be selected and placed not to impede future access. Additionally, vegetation planted within utility easements shall be selected and sited to minimize pruning for future maintenance and clearance of such utilities. The Zoning Administrator 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.
(b) 1. Fences and walls may be located within any required setback, provided that in residential, office, and commercial districts no fence, wall, or hedge shall exceed:
a. Four feet in height when located within any front or street side setback with the exception of chain link chain link fences, which can be six feet in height; or
b. Eight feet in height when located in an interior side or rear setback.
2. In all zoning districts, fences, hedges, and walls may be located within any required setback, provided that no fence, wall, or hedge shall obstruct the view of vehicular access to any roadway between three and ten feet in height above grade. For the safety of pedestrian and vehicular traffic, in residential zoning districts, an unobstructed vision clearance triangle shall be maintained along intersections of residential driveways with adjacent roadways. The vision clearance triangle shall be formed by the connection of a perpendicular line measuring 15 feet from the point of intersection at the edge of the travelway into the driveway and a 15-foot parallel line away from the point of intersection along the roadway (see Figure 153.066.1). Residential driveways along roadways with a classification of collector or higher may be subject to a greater distance of measurement.
(c) Driveways may be located in front and side setbacks.
(d) Sidewalks may be located within any required setback.
(e) Utility lines, wires, and associated structures, such as power poles, may be located within any required setback.
(f) Uncovered porches, uncovered steps to building entrances, uncovered patio decks, and uncovered balconies may extend up to five feet into any required front, rear, or street side setback.
(g) Openwork fire balconies and fire escapes may extend up to five feet into any required side setback.
(h) Sills, belt courses, cornices, buttresses, eaves, and other architectural features may extend up to two feet into any required setback.
(i) Chimneys and flues may extend up to two feet into any required setback.
(j) Satellite dish antennas may be placed in required rear setbacks.
(k) Mechanical equipment, including heating ventilation and air conditioning (HVAC) equipment may be extended up to five feet into required side or rear setbacks in all zoning districts.
(2) Contextual setbacks. Notwithstanding the front setback requirements of the underlying zoning district, the front building line of any structure or addition to a structure may be as close to the street as the front building line of a structure located on any lot that is immediately adjacent to the subject lot. If the subject lot is located between two developed lots, the front building line of the structure that is set back further from the street shall apply to the subject lot.
(3) Front setbacks on narrow streets. Where a lot abuts a dedicated street (that has been accepted for street maintenance) with a right-of-way width of less than 50 feet, the required front setback shall be measured from the center line of the right-of-way, provided all building code and fire/safety requirements are met.
(4) Setbacks on corner and double-frontage lots. On corner and double-frontage lots, front setback standards will apply to each lot line that borders a street. The remaining lot lines will be subject to side setback standards. There is no rear lot line.
(5) Reduction for public purpose. When an existing setback is affected because of conveyance to a federal, state, or local government for a public purpose and the remaining setback is at least 50% of the required minimum setback for the district in which it is located, then that remaining setback will be deemed to satisfy the minimum setback standards of this chapter.
(6) Front setbacks on narrow ingress/egress easements. Where a lot abuts an ingress/egress easement (that has not been accepted for street maintenance) with a width of less than 50 feet, and is used as a primary access point to the lot as indicated on an approved plat recorded prior to October 18, 2012 (with dashed or solid lines), the required front setback shall be measured from the center line of the easement, provided all building code and fire/safety requirements are met. There shall be a minimum 25- foot setback between the edge of the easement to the front of any structure.
(D) Building height.
(1) In general. BUILDING HEIGHT refers to the vertical distance between the base flood elevation and:
(a) The average height level between the eaves and ridge line of a gable, hip, or gambrel roof;
(b) The highest point of a mansard roof; or
(c) The highest point of the coping of a flat roof.
Figure 153.066.2
Building Height
Building Height
(2) Fences or walls. Height shall be measured from ground level on the higher side of the fence or wall.
(3) Exceptions to height limits. Unless otherwise expressly stated, the height limitations of this chapter shall not apply to any of the following:
(a) Farm buildings in any agricultural zoning (A) district;
(b) Electrical power transmission lines;
(c) Belfries, cupolas, spires, domes, monuments, flagpoles, chimneys, decorative fence post caps not to exceed 25% of the fence height, radio/television receiving antennas, or chimney flues not for human habitation; or
(d) Bulkhead, elevator, water tank, or any other similar structure or necessary mechanical appurtenance extending above the roof of any building, if such structure does not occupy more than 33% of the area of the roof.
(E) Building coverage. BUILDING COVERAGE refers to the area of a lot covered by buildings (principal and accessory) or roofed areas, as measured along the outside wall at ground level, and including all projections, other than open porches, fire escapes, canopies, and the first two feet of a roof overhang.
(Ord. 2012-06, § 4.2, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013; Ord. 2023-04, passed 5-18-2023; Ord. 2024-10, passed 11-21-2024; Ord. 2025-02, passed 3-20-2025)
§ 153.067 NRM-25, NATURAL RESOURCE MANAGEMENT DISTRICT.
(A) Purpose and intent. The NRM-25, Natural Resource Management District is intended to protect and conserve natural resources and is principally used for timber production, wildlife habitat, recreation, and commercial fishing.
(C) Density and dimensional standards. All residential and nonresidential development in the NRM-25 District shall be subject to the following density, intensity, and dimensional standards:
NRM-25 Density/Intensity and Dimensional Standards |
NRM-25 Density/Intensity and Dimensional Standards | |
Maximum density | 1 dwelling unit per 25 acres |
Minimum lot area | 1 acre |
Minimum lot width | 135 feet |
Minimum setbacks | |
Front/street side | 50 feet |
Interior side | 50 feet |
Rear | 50 feet |
OCRM critical line | 50 feet |
Maximum building cover | 10,000 square feet |
Maximum height | 35 feet |
(Ord. 2012-06, § 4.3, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.068 AG-5, AGRICULTURAL PRESERVATION DISTRICT.
(A) Purpose and intent. The AG-5, Agricultural Preservation District is intended to protect farmlands and the needs of the farming industry with compatible residential development.
(C) Density and dimensional standards. All residential and nonresidential development in the AG-5 District shall be subject to the following density and dimensional standards:
AG-5 Density/Intensity and Dimensional Standards | |
Maximum density | 1 dwelling unit per 5 acres |
AG-5 Density/Intensity and Dimensional Standards | |
Maximum density | 1 dwelling unit per 5 acres |
Minimum lot area | 1 acre |
Minimum lot width | 135 feet |
Minimum setbacks | |
Front/street side | 50 feet |
Interior side | 15 feet |
Rear | 30 feet |
OCRM critical line | 50 feet |
Maximum building cover | 30% of lot |
Maximum height | 35 feet |
(Ord. 2012-06, § 4.4, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.069 AGR, AGRICULTURAL/RESIDENTIAL DISTRICT.
(A) Purpose and intent. The AGR, Agricultural/ Residential District is intended to support residential development that is rural in nature on parcels too small to support viable agriculture.
(C) Density and dimensional standards. All residential and nonresidential development in the AGR District shall be subject to the following density and dimensional standards:
AGR Density/Intensity and Dimensional Standards |
AGR Density/Intensity and Dimensional Standards | |
Maximum density | 1 dwelling unit per acre |
Minimum lot area | 1 acre |
Minimum lot width | 100 feet |
Minimum setbacks | |
Front/street side | 50 feet |
Interior side | 15 feet |
Rear | 30 feet |
OCRM critical line | 50 feet |
Maximum building cover | 30% of lot |
Maximum height | 35 feet |
(Ord. 2012-06, § 4.5, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.070 RSL, LOW-DENSITY SUBURBAN RESIDENTIAL DISTRICT.
(A) Purpose and intent. The RSL, Low-Density Suburban Residential District implements suburban residential/residential low density policies of the Comprehensive Plan.
(C) Density, intensity, and dimensional standards. All residential and nonresidential development in the RSL District shall be subject to the following density, intensity, and dimensional standards:
RSL Density/Intensity and Dimensional Standards | |
Maximum density | 3 dwelling units per acre |
RSL Density/Intensity and Dimensional Standards | |
Maximum density | 3 dwelling units per acre |
Minimum lot area | 14,520 square feet |
Minimum lot width | 60 feet |
Without public water and/or sewer | 70 feet |
Minimum setbacks | |
Front/street side | 25 feet |
Interior side | 10 feet |
Rear | 15 feet |
OCRM critical line | 35 feet |
Maximum building cover | 30% of lot |
Maximum height | 35 feet |
(Ord. 2012-06, § 4.6, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.071 RSM, MODERATE-DENSITY SUBURBAN RESIDENTIAL DISTRICT.
(A) Purpose and intent. The RSM, Moderate- Density Suburban Residential District implements the mixed style residential/residential moderate density policies of the Comprehensive Plan.
(C) Density, intensity, and dimensional standards. All residential and nonresidential development in the RSM District shall be subject to the following density, intensity, and dimensional standards:
RSM Density/Intensity and Dimensional Standards | |
Maximum density | 4 dwelling units per acre |
RSM Density/Intensity and Dimensional Standards | |
Maximum density | 4 dwelling units per acre |
Minimum lot area | 1 acre |
Minimum lot width | 40 feet |
Minimum setbacks | |
Front/street side | 25 feet |
Interior side | 10 feet |
Rear | 10 feet |
OCRM critical line | 35 feet |
Maximum building cover | 35% of lot |
Maximum height | 35 feet |
(Ord. 2012-06, § 4.7, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.072 MHS, LOW-DENSITY MANUFACTURED HOME SUBDIVISION DISTRICT.
(A) Purpose and intent. The MHS, Low- Density Manufactured Home Subdivision District implements the suburban residential/residential low density policies of the Comprehensive Plan.
(C) Density and dimensional standards table. All residential and nonresidential development in the MHS District shall be subject to the following density, intensity, and dimensional standards:
MHS Density/Intensity and Dimensional Standards | |
Maximum density | 3 dwelling units per acre |
MHS Density/Intensity and Dimensional Standards | |
Maximum density | 3 dwelling units per acre |
Minimum lot area | 14,520 square feet |
Minimum lot width | 60 feet |
Without public water and/or public sewer | 70 feet |
Minimum setbacks | |
Front/street side | 25 feet |
Interior side | 10 feet |
Rear | 10 feet |
OCRM critical line | 35 feet |
Maximum building cover | 30% of lot |
Maximum height | 35 feet |
(Ord. 2012-06, § 4.8, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.073 OR, RESIDENTIAL OFFICE DISTRICT.
(A) Purpose and intent. The OR, Residential Office District implements the office policies of the Comprehensive Plan.
(C) Density and dimensional standards. All development in the OR District shall be subject to the following density, intensity, and dimensional standards:
OR Density/Intensity and Dimensional Standards |
OR Density/Intensity and Dimensional Standards | |
Minimum lot area | 14,520 square feet |
Minimum lot width | 60 feet |
Minimum setbacks | |
Front/street side | 25 feet |
Interior side | 10 feet |
Rear | 15 feet |
OCRM critical line | 50 feet |
Maximum building cover | 35% of lot |
Maximum height | 35 feet |
(E) Supplemental district standards. In addition to all other applicable provisions of this chapter, structures within the OR District shall be subject to the following standards:
(1) Architectural character. Structures in the OR District shall be compatible with the established architectural character of the neighborhood in which they are located by using a design that is complementary in terms of:
(a) Consistency of roof lines, roof materials, and roof colors;
(b) Use of similar proportions in building mass and outdoor spaces;
(c) Similar relationships to the street;
(d) Similar window and door patterns;
(e) Similar streetscapes including landscaping, light fixtures, and other site amenities; and
(f) Free-standing signs only with indirect illumination.
(2) Building orientation. Primary facades and entries shall face the adjacent street.
(3) Building materials. Building materials shall either be similar to the materials already being used in the neighborhood or, if dissimilar materials are being proposed, other characteristics, such as scale and proportions, form architectural detailing, color, and texture shall be utilized to ensure that enough similarity exists for the building to be compatible despite the differences in materials.
(4) Building colors. Color shades shall be used to facilitate blending into the neighborhood and unifying the development with its surroundings. The color shades of building materials shall draw from the range of color shades found in structures in the immediate area.
(F) Residential uses. Residential uses in the OR District shall be subject to the density, intensity, and dimensional standards of the RSL District (§ 153.070).
(Ord. 2012-06, § 4.9, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.074 OG, GENERAL OFFICE DISTRICT.
(A) Purpose and intent. The OG, General Office District implements the office policies of the Comprehensive Plan.
(C) Density, intensity, and dimensional standards. All development in the OG District shall be subject to the following density, intensity, and dimensional standards:
OG Density/Intensity and Dimensional Standards |
OG Density/Intensity and Dimensional Standards | |
Minimum lot area | 4,000 square feet |
Minimum lot width | 50 feet |
Minimum setbacks | |
Front/street side | 25 feet |
Interior side | 10 feet |
Rear | 15 feet |
OCRM critical line | 50 feet |
Maximum building cover | 40% of lot |
Maximum height | 35 feet |
(Ord. 2012-06, § 4.10, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.075 CN, NEIGHBORHOOD COMMERCIAL DISTRICT.
(A) Purpose and intent. The CN, Neighborhood Commercial District implements the commercial neighborhood policies of the Comprehensive Plan.
(C) Density, intensity, and dimensional standards. All development in the CN District shall be subject to the following density, intensity, and dimensional standards:
CN Density/Intensity and Dimensional Standards |
CN Density/Intensity and Dimensional Standards | |
Minimum lot area | 4,000 square feet |
Minimum lot width | 15 feet |
Minimum setbacks | |
Front/street side | 25 feet |
Interior side | 10 feet |
Rear | 10 feet |
OCRM critical line | 50 feet |
Maximum building cover | 25% of lot |
Maximum height | 35 feet |
(E) Supplemental district standards. In addition to any other applicable provisions of this chapter, structures in the CN District shall be subject to the following performance standards:
(1) Floor area. All structures, including accessory structures, shall be limited to a maximum of 5,000 square feet gross floor area, provided that structures between 5,000 and 10,000 square feet gross floor area may be approved in accordance with the special exception procedures of § 153.045. In no case shall the total, combined gross floor area of all principal and accessory structures exceed 10,000 square feet.
(2) Enclosed buildings. All commercial activities, excluding accessory gasoline outlets and restaurants, shall be operated entirely within enclosed buildings.
(3) Gasoline pump nozzles. Accessory gasoline pumps shall be limited to a maximum of four nozzles, provided that five to eight nozzles may be approved in accordance with the special exception procedures of § 153.045. In no case shall the number of gasoline nozzles exceed eight.
(F) Signs. Signs within the CN District shall comply with the following standards:
Standard
| |
Maximum sign face area | 20 square feet |
Standard
| |
Maximum sign face area | 20 square feet |
Maximum sign height [1] | 6 feet |
Maximum number of signs per major road frontage [2] | 1 |
Internal illumination allowed | No |
Notes: | |
[1] Free-standing signs shall be monument or pedestal type. | |
[2] When a parcel abuts more than one road classification, signs will be allowed on the road with the higher classification only. | |
(G) Operating hours. All commercial uses within the CN District shall be limited to operating hours between 6:00 a.m. to 11:00 p.m.
(H) Residential uses. Residential uses in the CN District shall be subject to the density, intensity, and dimensional standards of the RSL District (§ 153.070).
(Ord. 2012-06, § 4.11, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.076 CC, COMMUNITY COMMERCIAL DISTRICT.
(A) Purpose and intent. The CC, Community Commercial District implements the commercial policies of the Comprehensive Plan.
(C) Density and dimensional standards. All development in the CC District shall be subject to the following density, intensity, and dimensional standards:
CC Density/Intensity and Dimensional Standards | |
Minimum lot area | 4,000 square feet |
CC Density/Intensity and Dimensional Standards | |
Minimum lot area | 4,000 square feet |
Minimum lot width | 40 feet |
Minimum setbacks | |
Front/street side | 15 feet |
Interior side | 10 feet |
Rear | 20 feet |
OCRM critical line | 50 feet |
Maximum building cover | 35% of lot |
Maximum height | 35 feet |
(E) Residential uses. Residential uses in the CC District shall be subject to the density, intensity, and dimensional standards of the RSM District (§ 153.071).
(Ord. 2012-06, § 4.12, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.077 I, INDUSTRIAL DISTRICT.
(A) Purpose and intent. The I, Industrial District is intended for manufacturing, production, or other uses that may be incompatible with consumer service commercial uses or residential uses.
(C) Density, intensity, and dimensional standards. All development in the I District shall be subject to the following density, intensity, and dimensional standards:
I Density/Intensity and Dimensional Standards |
I Density/Intensity and Dimensional Standards | |
Minimum lot area | 15,000 square feet |
Minimum lot width | 70 feet |
Minimum setbacks | |
Front/street side | 50 feet |
Interior side | 25 feet |
Rear | 25 feet |
OCRM critical line | 50 feet |
Maximum building cover | 70% of lot |
Maximum height | 35 feet |
(Ord. 2012-06, § 4.13, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.078 PD, PLANNED DEVELOPMENT ZONING DISTRICT.
(A) Authority.
(1) The state’s Local Government Comprehensive Planning Enabling Act of 1994, as amended, (“Planning Act”) authorizes local governments to utilize zoning and planning techniques (not limited to those found in the Planning Act) for implementation of the goals specified in S.C. Code § 6-29-720 (2007). The Town Council hereby establishes a zoning and planning technique called a “Planned Development” Zoning District. The Planned Development Zoning District incorporates provisions of the planning technique called “planned development district” referred to in the Planning Act and identified in this chapter and the additional provisions found in this section that expands, varies, and/or differs from the provisions found in the references to planned development districts in the Planning Act. A PLANNED DEVELOPMENT, as applied herein, is a type of zoning district (PD) and a type of development plan. PD zoning districts are inextricably linked to planned development plans, in that no rights of development apply to a PD zoning designation other than those of the approved planned development plan.
(2) Planned development provisions are intended to encourage innovative site planning for residential, commercial, institutional, and/or industrial developments within planned developments. Planned developments may provide for variations from other ordinances and the regulations of other established zoning districts concerning use, setbacks, lot size, density, bulk, and other requirements to accommodate flexibility in the arrangement of uses for the general purpose of promoting and protecting the public health, safety, and general welfare. A PLANNED DEVELOPMENT as used in this chapter is intended to apply the flexibility and variation provisions of the Planning Act provided in the planned development zoning district provision, along with the additional regulatory and procedural provisions of this section.
(B) Purpose and intent. The town finds and determines that this section is consistent with the following goals of the Comprehensive Plan:
(1) To preserve the essential character of this sea island (Residential Land Use Goal 1);
(2) To encourage use of innovative site planning techniques to achieve quality development that is sensitive to this unique environment (Residential Land Use Goal 1);
(3) To support island commerce in serving the local market as the need arises (Commercial Goal 1); and
(4) To ensure that if and when agricultural land is developed it is done in a manner sensitive to the natural habitat and environment (Agricultural Land Goal 1).
(C) Intent and results. The PD, Planned Development, Zoning District regulations of this section are intended to encourage achievement of the goals of the town’s Comprehensive Plan and to allow flexibility in development of property that proposes a single or multiple use(s) that will result in improved design, character, and quality of new or redesigned developments and preserve natural and scenic features of open spaces. The following objectives may be attained through the use of the planned development process:
(1) A maximum choice in the types of environment available to the public by allowing a development that would not be possible under the strict application of the standards of this chapter that were designated primarily for development on individual lots;
(2) A greater freedom in selecting the means to provide access, light, open space, and design amenities;
(3) Quality design and environmentally sensitive development by allowing development to take advantage of special site characteristics, locations, and land use arrangements;
(4) A development pattern in harmony with the applicable goals and strategies of the Comprehensive Plan;
(5) The permanent preservation of common open space, recreation areas, and facilities;
(6) An efficient use of the land resulting in more economical networks of utilities, streets, schools, public grounds and buildings, and other facilities;
(7) A creative approach to the use of land and related physical facilities that results in better development and design and the construction of amenities; and
(8) A development pattern that incorporates adequate public safety and transportation-related measures in its design and does not adversely affect existing infrastructure and compliments the developed properties in the vicinity and the natural features of the site.
(D) Applicability. There is a minimum three- acre lot size requirement (combined) for a planned development as long as the planned development meets all requirements of this section.
(E) Development standards.
(1) Dimensional standards.
(a) The waterfront development standards of the base zoning district, as set forth in § 153.079 of this code, shall be applied to all waterfront lots within the planned development.
(b) Each lot located on the perimeter of the planned development shall maintain the rear yard setback requirements and any buffer requirements of the adjacent zoning district.
(2) Architectural standards. The architectural design guidelines of §§ 153.330 through 153.342 shall apply to all proposed planned developments. Modifications to the architectural design guidelines may be proposed in a planned development request where the Zoning Administrator determines that the architectural design of the proposed development is compatible with the architectural design of development on adjacent properties.
(3) Access.
(a) Streets within planned develop- ments should connect to adjoining neighborhoods/ developments. Cul-de-sacs, T-turnarounds, and dead-end streets are discouraged.
(b) Areas between structures shall be covered by easements where necessary for access and to provide for maintenance and utility service.
(c) Primary vehicular access to office, commercial, or industrial development shall be through limited access roads.
(4) Commercial areas.
(a) Commercial areas and adjacent residential, office, and industrial areas shall be directly connected through paved sidewalks, trails, or other pedestrian infrastructure.
(b) Commercial areas shall be planned as groups having common parking areas and common ingress and egress points.
(5) Industrial areas.
(a) A minimum vegetated buffer of 40 feet shall be required where industrial uses abut residential uses.
(b) All intervening spaces between the right-of-way line and project building line and intervening spaces between buildings, drives, parking areas, and improved areas shall be landscaped with trees and plantings and properly maintained at all times.
(6) Areas designated for future use. All areas designated for future expansion or not intended for immediate improvement or development shall remain in a natural state until such time as development permits are approved.
(7) Signs. Specifications of size, type, height, setback, location, design, illumination, and number of signs shall be included in the planned development guidelines. Specifications shall be as restrictive or more restrictive than the standards set forth in this chapter.
(8) Parking. Parking shall be provided in accordance with the standards set forth in §§ 153.330 through 153.342 of this code. Modifications to the parking standards of §§ 153.330 through 153.342 may be proposed in a planned development request where the Zoning Administrator determines that the amount of parking requested and its location is sufficient for the use proposed.
(9) Resource areas.
(a) Planned developments shall protect any resources determined significant by the Zoning Administrator, including, but not limited to: agricultural soils and active farmland, buffer areas between active farmland and existing/planned future non-farm development, wetlands, mature trees, land adjacent to preserved farmland on neighboring properties, scenic views, water access and shoreline buffers, and habitat of species designated as of federal, state, and local concern.
(b) Planned developments shall comply with all provisions of § 153.334, tree protection and preservation, of this code.
(F) Planned development procedure. The procedure and criteria for planned development applications is outlined below. Planned development applications are comprised of planned development stipulations and sketch plans, referred to herein as the PD development plan. All sketch plan(s) shall be drawn to scale.
(1) Pre-application conference. Before submitting a PD development plan for a planned development, the applicant shall confer with the Zoning Administrator and any other officials designated by the Zoning Administrator. The purpose of this pre-application conference is to discuss the proposal and the applicable development review and approval procedures.
(2) Conceptual PD development plan presentation. At least one time prior to submitting a formal application, planned development applicants shall present their conceptual PD development plan to the Town Planning Commission at a Planning Commission workshop. This presentation shall be for discussion and feedback purposes only and no action shall be taken on the conceptual PD development plan at the workshop.
(3) Community workshop. After the pre-application conference, it is recommended that the applicant hold one or more community workshops. The purpose of a community workshop is to ensure early citizen participation in an informal forum, in conjunction with the development applications and to provide an applicant the opportunity to understand and try to mitigate any impacts an application may have on an affected community. A community workshop is not intended to produce complete consensus on all applications, but to encourage applicants to be good neighbors.
(4) Draft PD development plan submittal. After the required pre-application conference and prior to submitting a formal application, the applicant shall submit at least five copies of a draft of the requested PD development plan for staff review. The draft PD development plan must comply with all requirements of this chapter and all other applicable regulations. Additionally, the checklist, available in the Planning/Zoning Department, must be filled out and turned in with the draft PD development plan.
(5) PD development plan application. Complete applications for planned developments (PD development plans) may be submitted on forms available in the Planning/Zoning Department once the Zoning Administrator has determined that the requested PD development plan complies with the requirements of this chapter and all other applicable regulations.
(a) No application for a PD development plan shall be accepted as complete unless it includes the 20 required paper copies of the PD development plan, the required fee, and the following information:
1. One completed zoning map amendment application signed by the current property owner(s);
2. One copy of a legible approved and recorded plat showing the current property lines of the property/properties to be included in the planned development;
3. One copy of the current, recorded deed;
4. One restrictive covenants affidavit(s) signed by the applicant or current property owner(s) in compliance with state law;
5. One copy of the completed checklist;
6. Documentation of any community workshops held regarding the proposed PD development plan application;
7. A digital version of all text, charts, tables, exhibits, and graphics used in the PD;
8. A current aerial overlaid with the proposed sketch plan; and
9. Any other information that the Planning Commission determines is reasonably necessary to make an informed decision as to whether the application complies with the standards of this section.
(b) Applications for PD development plans shall comply with § 153.040(E), Application completeness and submission deadlines, of this code.
(c) Town Council may waive the fees at its discretion.
(d) The following shall be included in the requested planned development stipulations:
1. The following shall be included in the requested planned development stipulations:
a. The name of the planned development, not duplicating the name of any other planned development or subdivision, the final plat of which has been recorded in the county;
b. A statement of objectives of the proposed development;
c. A description of how the proposed development meets the objectives contained in division (C) above, Intent and results, addressing each objective separately;
d. The total acreage of the planned development, broken down into total acreage, total highland acreage, total freshwater wetland acreage, and total critical line wetland, or marsh, acreage;
e. A table of proposed land uses including:
i. A table of proposed maximum and average residential densities for each residential use;
ii. The maximum total acreage of each residential use, including affordable dwelling units, if applicable;
iii. The maximum allowable number of each type of residential unit requested, including affordable dwelling units, if applicable;
iv. The maximum proposed floor area ratios (percentage of lot in relation to building floor area), and the maximum building/lot coverage for each nonresidential use; and
v. All dimensional and lot standards requested, for each land use type designated.
f. An analysis of the impact of the proposed development on existing public facilities and services (e.g., roads and streets, water, sewer, and the like). Any proposed future improvements to these facilities and services to be made as part of the planned development shall also be included;
h. A development schedule with a generalized phasing schedule, if appropriate. The phasing schedule shall include the number of dwelling units, total acreage of each residential use, total gross floor area of each nonresidential use, percentage and acreage of common open space to be included in each phase, and percentage, number, and acreage of affordable dwelling units to be included in each phase (if applicable);
i. A statement indicating how any common open space/recreation areas will be owned or managed;
j. A statement indicating how all roads and alleys will be owned and maintained;
k. A statement of inclusion and compliance with processes included in the town’s Zoning and Land Development Regulations that are not mentioned in the planned development stipulations;
l. A statement of agreement to proceed with proposed development in accordance with the provisions of these zoning regulations, applicable provisions of the town’s Comprehensive Plan, and with such conditions as may be attached to any rezoning to the applicable PD district;
m. A statement that the provisions of § 153.049, Zoning variances, of this code shall not apply to the planned development and that all major changes to the planned development must be approved by Town Council. Tree variances may be granted in accordance with this section and all other sections of this chapter;
n. A description of how the proposed development complies with the approval criteria contained in division (F)(5)(i) below, addressing each criterion separately;
o. A historic and archaeological survey identifying all historic and cultural sites, structures, and landscapes on the subject property, consistent with §§ 153.330 through 153.342, Historic preservation, of this code. Any required on-site mitigation must be detailed in the planned development stipulations and proof of coordination with OCRM and/or the State Historic Preservation Office must be included;
p. Letters of coordination from all agencies from which the applicant must either obtain permits, or obtain services and/or facilities; and
q. Any other information that the Zoning Administrator determines is necessary to determine whether or not an application complies with the standards established in this section.
2. The following shall be included on the requested sketch plan. Multiple sketch plans may be submitted. Sketch plans shall be drawn to scale.
a. The general location and amount of land proposed for each land use including single-family residential, multi-family residential, institutional, office, commercial, industrial, common open space/recreation, street use, and the like;
b. Conceptual lot lines;
c. Pedestrian and motor traffic circulation;
d. Location, acreage, and type (freshwater or critical line/marsh) of all wetlands as they exist prior to development. The location and acreage of all freshwater wetlands to be developed upon shall be indicated;
e. A tree survey to include all Grand trees on residential lots of one acre or less and in road rights-of-way and easements. Significant trees shall be shown on residential lots greater than one acre. Tree surveys for nonresidential uses shall conform with the standards of § 153.334(C) of this code;
f. Architectural elevations for each type of residential and nonresidential unit;
g. The general location, size, and capacity of all existing and proposed water and sewer lines;
h. Areas to be included in each phase of development, including the location of all common open space areas and/or affordable housing units to be included in each phase;
i. The location of all construction entrances;
j. A landscaping sketch plan including the location and composition of all screening and buffering materials;
k. A utility sketch plan with the location of any on-site natural areas, buffers, trees and sidewalks that may be impacted by utility facilities including existing and proposed location of any easements or rights-of-way; and
l. Any other information that the Zoning Administrator determines is necessary to determine whether the application complies with the standards established in this section.
(e) Public hearing notice. Newspaper, neighbor, parties in interest, and posted notice of the Town Council’s public hearing shall be provided in accordance with the requirements of § 153.040(G) of this code.
(f) Zoning Administrator review and report. Once an application is deemed complete and to contain all information required herein by the Zoning Administrator, the application will be scheduled for a Planning Commission meeting and the applicant and other interested parties will be notified in accordance with this chapter. The Zoning Administrator shall prepare a staff report that reviews the PD development plan application.
(g) Planning Commission review and recommendation.
1. The Planning Commission shall review the proposed PD development plan and adopt a resolution, by majority vote of the entire membership, recommending that the Town Council approve, approve with conditions, or deny the proposed development plan. The Planning Commission’s recommendation shall be based on the approval criteria of division (F)(5)(i) below. The Planning Commission shall submit its recommendation to the Town Council within 30 calendar days of the Planning Commission meeting at which the PD development plan was introduced.
2. At any time prior to action by the Planning Commission, the applicant may request that the Planning Commission enter mediation. When mediation is requested, the Planning Commission shall assign one of its members as a representative in mediation proceedings and the Zoning Administrator shall represent the Planning staff. A majority vote of the entire Planning Commission membership in a public meeting shall be required to accept any mediated settlement. An accepted mediated settlement cannot waive the standards of this chapter. Prior to beginning talks, applicable time limits for review and action on complete applications must be extended by mutual agreement of the applicant and Planning Commission.
(h) Town Council hearing and decision. After receiving the recommendation of the Planning Commission, the Town Council shall take action to approve, approve with conditions, or deny the proposed PD development plan based on the approval criteria of division (F)(5)(i) below. Town Council shall hold a public hearing prior to giving first reading to planned development/zoning map amendment applications. If the Town Council takes action to approve the PD development plan, it may require time-frames for development of the entire planned development and its individual phases, if any. Within ten working days of approval by Town Council of a planned development, the applicant shall submit three copies of the approved planned development guidelines and sketch plan to the Planning/Zoning Department. This plan shall contain all changes and conditions approved by Council. The approval of a planned development shall deem it to be a new zoning district with its own zoning designation.
(i) Approval criteria. Applications for PD development plan approval may be approved only if the Town Council determines that the following criteria are met:
1. The PD development plan complies with the standards contained in this section;
2. The development is consistent with the intent of the Comprehensive Plan and other adopted policy documents; and
3. The town and other agencies will be able to provide necessary public services, facilities, and programs to serve the development proposed, at the time the property is developed.
(G) Identification of zoning maps. Approved PDs shall be indicated on the official zoning map.
(H) Compliance with other regulations. Unless expressly stated in this section or approved at the time of a planned development approval, all applicable standards of this chapter and other law shall apply to development within a planned development. Planned developments may provide for variations from this chapter or other ordinances and the regulations of established zoning districts concerning use, setbacks, lot area, bulk, and other requirements to accommodate flexibility in the arrangement of uses for the general purpose of promoting and protecting the public health, safety, and general welfare. All development, other than single-family residential, shall comply with the site plan review requirements of this chapter.
(Ord. 2012-06, § 4.14, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.079 WATERFRONT DEVELOPMENT STANDARDS.
(A) The following standards have precedence over base zoning district standards for properties which contain or abut an OCRM critical line:
Standard [1] |
NRM-25 | AG-5 | AGR | RSL |
Standard [1] |
NRM-25 | AG-5 | AGR | RSL |
Min. lot area | 1 Ac | 1 Ac | 1 Ac | 14,520 sq. ft. |
Min. lot width (feet) | 200 | 175 | 125 | 90 |
Min. lot width average (feet) | 250 | 200 | 150 | 100 |
Min. buffers/ setbacks (feet) | ||||
OCRM critical line buffer (feet) | 35 | 35 | 35 | 15 |
Building setback from OCRM critical line (feet) | 50 | 50 | 50 | 35 |
Notes: | ||||
Ac = Acre | ||||
Min. = Minimum | ||||
(B) Minimum lot width (feet). The minimum lot width (feet) is measured and maintained from the front lot line through the entire parcel to the OCRM critical line. All lots within a subdivision must meet the minimum lot width average. (Exception: flag lots and lots served by cul-de-sacs.)
(1) Lots fronting on cul-de-sacs shall meet the minimum lot width at the required minimum front setback. Flag lots are designed with a “flag pole” area with a minimum width of 20 feet. The flag pole area is not required to meet the minimum lot width nor does this area count towards the minimum lot size or area. Flag lots must meet the minimum lot width at the end of the flag pole area/base of lot. All lots within a subdivision must meet the required minimum lot width average for the zoning district within this section, Waterfront development standards.
(2) Reductions from minimum lot width average requirements for parcels which contain or abut an OCRM critical line may be permitted if the Zoning Administrator determines that one of the following criteria has been met:
(a) No more than three waterfront lots are being created from the original parcel and that a reduction of no more than 10% of lot width average is required for any resulting lot; or
(b) Where two lots of record (lots existing prior to October 18, 2012) have been combined, the resulting lot may be subdivided into the original configuration shown on the previously approved, recorded plat of record, even if the original lots do not meet the minimum lot width requirement of this division (B), provided that the subdivision meets all other requirements of this chapter.
(C) Minimum lot standards for dwelling groups on parcels which contain or abut an OCRM critical line. The number of dwelling units shall not exceed the maximum number permitted by the density, intensity, and dimensional standards of the underlying base zoning district. In addition, the dwelling groups shall comply with the requirements of this section, Waterfront development standards, including the minimum lot area and lot width requirements.
(Ord. 2012-06, § 4.15, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012; Ord. 2013-02, passed 4-18-2013)