James Island City Zoning Code
OVERLAY AND
SPECIAL PURPOSE ZONING DISTRICTS
§ 153.090 GENERAL; ESTABLISHMENT, EFFECT.
(A) Establishment of districts. The following overlay and special purpose zoning districts are hereby established:
District Name | Type | |
FRC-O | Folly Road Corridor Overlay Zoning District | Overlay zoning district |
NRM | Natural Resource Management | Special purpose |
WDU | Water-Dependent Use | Special purpose |
(C) Overlay district applicability. The overlay districts only apply to parcels indicated on the corresponding overlay district maps.
(D) Overlay zoning district effect.
(1) The overlay zoning districts contained in this chapter are zones that impose a set of requirements or relax a set of requirements imposed by the underlying zoning district. Therefore, compliance with § 153.043, Zoning map amendments (rezonings), of this code, is not required for parcels within these overlay zoning districts to be developed in compliance with the overlay zoning district regulations, including but not limited to the use regulations and density, intensity, and dimensional standards of the overlay zoning districts. Development of parcels within the overlay zoning districts shall comply with all other applicable requirements and processes of this chapter, including but not limited to the site plan review process, the zoning permit process, and the subdivision process.
(2) If the land use recommendation for a parcel in an overlay zoning district, as shown on the overlay zoning district map, is not utilized, the regulations of the underlying zoning district shall apply.
(3) The provisions of this division (D) do not apply to special purpose districts and floating zones, where compliance with § 153.043, Zoning map amendments (rezonings), and all other applicable sections of this chapter, may be required.
(Ord. 2012-06, § 5.1, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.091 NRM, NATURAL RESOURCE MANAGEMENT DISTRICT.
(A) Purpose and intent. The NRM, Natural Resource Management District implements the conservation management (rural landscape – agricultural area) policies of the Comprehensive Plan.
(B) Development standards. All development within the NRM Districts shall be in accordance with the procedures contained in this chapter. Development standards shall be established taking into account all applicable Comprehensive Plan policies, FEMA designations, erosion patterns, wildlife and plant habitat, soils, wetlands, and other natural resource constraints.
(C) Exceptions; NRM-25 District standards. For islands within the NRM District, the Zoning Administrator shall be expressly authorized to issue permits for development that complies with the NRM-25 Zoning District standards instead of the planned development procedures and standards of this chapter, provided that only one principal dwelling unit shall be allowed per lot.
(Ord. 2012-06, § 5.2, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.092 WDU, WATER-DEPENDENT USE OVERLAY DISTRICT.
(A) Purpose and intent. The WDU, Water-Dependent Use Overlay District is intended to accommodate community docks, boat ramps, marinas and commercial docks, and other nonresidential uses that require locations near water bodies.
(1) Private docks intended for the private use of one family shall be exempt from the requirements of this chapter.
(2) Joint use docks intended for the private use of two to four families shall be exempt from the requirements of this section.
(B) Uses. Community docks, boat ramps, marinas and commercial docks, and other uses that require locations near water bodies may be allowed in the WDU District, if approved in accordance with the procedures of this chapter.
(C) Community docks.
(1) A COMMUNITY DOCK(S) is any docking facility that provides access for more than four families (greater than or equal to five watercraft slips and less than or equal to ten watercraft slips) and is not a marina. All community docks shall be considered a water-dependent use.
(2) Community dock(s) shall be subject to the following standards:
(a) All proposed community docks shall comply with the site plan review procedures contained within this chapter;
(b) All proposed community docks shall comply with all applicable regulatory requirements of state and federal agencies including but not limited to State Department of Health and Environmental Control (DHEC) and U.S. Army Corps of Engineers;
(c) All proposed community docks that provides access for more than four families (greater than or equal to five watercraft slips and less than or equal to ten watercraft slips) shall require review and approval in accordance with the special exception procedures of this chapter;
(d) All proposed community docks must have a minimum of 75 feet of lot frontage at the marsh edge (OCRM critical line) and a minimum of 75 feet between its extended property lines at the location in the waterbody of the proposed dock;
(e) No leasing or other transfer of space to individuals who do not reside in the residential community or other commercial uses are allowed at community docks;
(f) Project proposals shall include facilities for the proper handling of litter, waste, refuse, and petroleum products in accordance with DHEC regulations;
(g) A boat ramp may be allowed at a community dock subject to division (D) below; and
(h) Approval of this particular use by the town shall not relieve the recipient (use) of responsibility for complying with all other applicable requirements of any other local, county, state, or federal agency. In addition, approval by the town does not guarantee nor recommend approval from any other legal entity or governmental agency.
(D) Standards for boat ramps.
(1) Boat ramps provide access to the water for the launching and retrieving of watercraft not exceeding 12,000 pounds gross weight. Boat ramps providing launching and retrieving of watercraft in excess of 12,000 pounds gross weight shall follow the special exception provisions of this chapter in addition to the following requirements which shall apply to all boat ramps.
(2) Boat ramps shall be subject to the following standards:
(a) Filling or excavating of vegetated wetlands for boat ramp construction is prohibited unless no feasible alternatives exist in non-vegetated wetland areas. In addition, the area to be filled or excavated must be limited to that which is reasonable for the intended use;
(b) Boat ramps must consist of environmentally acceptable materials, demonstrate sound design and construction so that they could reasonably be expected to be safe and effective, and minimize adverse effects;
(c) Justification for boat ramp construction in environmentally sensitive areas shall be considered using the following priorities:
1. Public use – open to all citizens;
2. Restricted use – open to citizens of a particular area or organization only; and
3. Private use – use for one citizen or family.
(d) In cases where private use is necessary, siting of ramps must, wherever feasible, be located in areas where the least environmental impact will accrue to the area and be limited to 12 feet in width;
(e) Boat ramp location requiring dredging or filling of wetlands to provide deep water access to the ramp, parking areas for the ramp, or other associated facilities are prohibited unless no feasible alternatives exist and environmental impacts can be minimized;
(f) The siting of “public use” boat ramps is encouraged in easily accessible areas such as bridges and existing, abandoned causeways, provided that these sites comply with other applicable regulations;
(g) All proposed boat ramps shall comply with the site plan review procedures contained within this chapter;
(h) All proposed boat ramps shall comply with all applicable regulatory requirements of state and federal agencies including but not limited to State Department of Health and Environmental Control (DHEC) and U.S. Army Corps of Engineers;
(i) All proposed “public use” boat ramps shall require review and approval in accordance with the special exception procedures of this chapter; and
(j) Approval of this particular use by the town shall not relieve the recipient (use) of responsibility for complying with all other applicable requirements of any other local, county, state or federal agency. In addition, approval by the town does not guarantee nor recommend approval from any other legal entity or governmental agency.
(E) Standards for marinas.
(1) A MARINA is any of the following:
(a) Lock harbor facility;
(b) Any facility which provides fueling, pump-out, maintenance, or repair services;
(c) Any facility which has permanent docking space for 11 or more watercraft slips;
(d) Any water area with a structure which is used for docking or otherwise mooring vessels and constructed to provide temporary or permanent docking space for more than ten boats; or
(e) A dry stack facility.
(2) All marinas shall be considered a water-dependent use.
(3) Marinas shall be subject to the following standards:
(a) Uses. The following uses and activities shall be allowed in association with a marina:
1. Marinas may provide the following services if specifically authorized by a special exception approval:
a. Launching ramps and small hoists (to accommodate primarily the launching of watercraft not exceeding 12,000 pounds in residential and agricultural residential districts);
b. Piers, wharfs, and other facilities for the berthing and securing of recreational watercraft;
c. Dockside maintenance and repair necessary to keep watercraft in operable condition;
d. Wet storage and mooring of seaworthy pleasure craft in operable condition;
e. Dispensing of fuel, subject to all applicable ordinance requirements;
f. Shower and laundry facilities for marina clientele only;
g. Vending machines; and
h. Dry stack storage of watercraft.
2. Excluding marinas in agricultural and residential districts, marinas providing 25 or more boat slips may provide the following additional services:
a. Bait and tackle retail sales;
b. Retail sales of basic marine supplies and accessories necessary for boat operation, maintenance, and upkeep (not to include the sale of boats and/or motors); and
c. Snack bars and retail groceries.
(b) Performance standards. In addition to any other applicable provisions of the chapter, marinas shall be subject to the following performance standards.
1. Lot area and location. The property shall have frontage on a public-owned road or a privately maintained road built to county road and meet the following density, intensity, and dimensional standards unless more restrictive standards are imposed at the time of special exception approval:
Marina Density/Intensity and Dimensional Standards | |
Minimum lot area | 1 acre |
Marina Density/Intensity and Dimensional Standards | |
Minimum lot area | 1 acre |
Minimum lot width | 250 feet |
Minimum setbacks [1] | |
Front/street side | 25 feet |
Interior side | 15 feet |
Rear | 25 feet |
OCRM critical line | 50 feet |
Maximum building cover | 35% of lot |
Maximum height | 35 feet [2] |
[2] Properties located within the Water-Dependent Use District that have a zoning district designation of Industrial (I) or Community Commercial (CC) are allowed a maximum height of 60 feet. | |
2. Services. All services provided by the marina shall be located on the same zoning lot or on the piers associated therewith.
3. Structures. All retail sales and services shall be enclosed. The maximum structure size or bulk shall be limited to ten square feet of net floor area for each boat slip.
4. Setbacks. All structures shall be setback a minimum of 100 feet from abutting agricultural and residential zoning districts except where the property line is the street right-of-way line, in which case the front setback established for the zoning lot shall apply.
5. Parking. Off-street parking shall be provided in accordance with the requirements contained in §§ 153.330 through 153.342. Any parking associated with the use of the launching ramp and other marine activities must be accommodated on-site. Parking surfaces and off-street roads or driveways within the facility shall be graded and covered with a permanent dust proof surface.
6. Storage. Areas for boat trailer storage and open field boat storage shall be designated and screened in accordance with the landscaping, screening, and buffer requirements of §§ 153.330 through 153.342. Open field boat storage on trailers may be provided at a ratio of one 10-foot by 20-foot space for each two boat slips.
8. Signs. Those signs that identify commercial activity shall be placed and designated so as not to distract the general public.
9. Wastewater disposal facilities. Wastewater disposal facilities shall meet the requirements of the regulatory agencies having jurisdiction.
10. Fire prevention. Firefighting or fire prevention equipment shall be as specified by the local fire district in which the marina is located.
11. Siting standards. Marinas shall meet all of the following requirements:
a. All proposed marinas shall comply with the site plan review procedures contained within this chapter;
b. All proposed marinas shall comply with all applicable regulatory requirements of state and federal agencies including but not limited to State Department of Health and Environmental Control (DHEC) and U.S. Army Corps of Engineers;
c. All proposed marinas shall require review and approval in accordance with the special exception procedures of this chapter;
d. New marinas, which includes all structures defined as marinas in § 153.013, are not allowed in waters classified for shellfish harvesting, except for any lock harbor, dry stack, or expanded existing marina that does not close any additional waters for shellfish harvesting, as provided by DHEC;
e. Marinas should be located in areas that will have minimal adverse impact on wetlands, water quality, wildlife and marine resources, or other critical habitats; and
f. Approval of this particular use by the town shall not relieve the recipient (use) of responsibility for complying with all other applicable requirements of any other local, county, state, or federal agency. In addition, approval by the town does not guarantee nor recommend approval from any other legal entity or governmental agency.
(F) Standards for commercial docks that are not marinas. A COMMERCIAL DOCK(S) is a docking facility used for commercial purposes. A commercial dock is not necessarily a marina, a boat yard, or a dry storage facility but shall be subject to the following standards.
(1) All proposed commercial docks shall comply with the site plan review procedures contained within this chapter.
(2) All proposed commercial docks shall comply with all applicable regulatory requirements of state and federal agencies including but not limited to State Department of Health and Environmental Control (DHEC) and U.S. Army Corps of Engineers.
(3) All proposed commercial docks shall require review and approval in accordance with the special exception procedures of this chapter.
(4) All proposed commercial docks must meet the density, intensity, and dimensional standards of § 153.092(E)(3)(b)1.
(5) Project proposals shall include facilities for the proper handling of litter, waste, refuse, and petroleum products in accordance with DHEC regulations.
(6) New commercial docks are not allowed in waters classified for shellfish harvesting if their proposed uses would result in closure of additional waters for shellfish harvesting, as provided by DHEC.
(7) Commercial docks shall be located in areas that will have minimal adverse impact on wetlands, wildlife and marine resources, or other critical habitats;
(8) A boat ramp may be allowed at a commercial dock subject to division (D) above.
(9) Approval of this particular use by the town shall not relieve the recipient (use) of responsibility for complying with all other applicable requirements of any other local, county, state, or federal agency. In addition, approval by the town does not guarantee nor recommend approval from any other legal entity or governmental agency.
(G) Legal nonconforming water-dependent uses. Any water-dependent use, as defined by this section, that is a legal nonconforming use, has been permitted or application has been made for permitting to the state existing prior to June 17, 2008, shall be considered an existing water-dependent use for the purposes of this section. Any expansion of the existing use that is more intense or increases by 25% or more of the use shall be subject to all provisions contained within this section.
(Ord. 2012-06, § 5.3, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.093 FRC-O, FOLLY ROAD CORRIDOR OVERLAY DISTRICT.
(A) Statement of findings. The Folly Road Corridor Overlay Zoning District (FRC-O) fronts on the east and west sides of Folly Road from its intersection with Tatum Road south to Folly River, as shown on the map titled “Folly Road Corridor Overlay Zoning District.” Folly Road is the main thoroughfare on James Island and the only route leading to Folly Beach. As such, it carries a large number of vehicles each day. Moreover, some of the properties along Folly Road are located within the jurisdictional limits of the town, the City of Folly Beach, the City of Charleston, and unincorporated Charleston County. The FRC-O District was adopted to implement traffic safety measures, to improve the visual character of the corridor, and to create consistency between the town, the City of Folly Beach, the City of Charleston, and unincorporated Charleston County concerning land use and design standards.
(B) Purpose and intent. The purpose of the FRC-O, Folly Road Corridor Overlay Zoning District, is to create a corridor that is well-planned and attractive through the implementation of consistent land use and design standards with adjacent jurisdictions and utilizing traffic safety measures and access management for vehicles and pedestrians to ensure safe and efficient traffic movement.
(C) Effect of overlay zoning district. The FRC-O Folly Road Corridor Overlay Zoning District regulations of this section apply in addition to the underlying (base) zoning district and all other applicable regulations of this chapter to impose different development rules for properties within the overlay zoning district. In case of conflict between the regulations of this section and other regulations in this chapter, the regulations of this section shall control. These district regulations are intended to be consistent with similar regulations adopted by the county and the City of Charleston. Legally established existing development that does not meet the requirements as described in this section shall be considered legal nonconforming and shall be subject to the legal nonconforming requirements of this chapter.
(D) Applicability. The standards of this section shall apply to all development within the FRC-O District, as shown on the maps titled “Folly Road Corridor Overlay Zoning District,” “North Village Area,” “Commercial Core Area,” “South Village Area,” “Neighborhood Preservation Area,” and “Conservation Area,” except single-family residential development.
(E) Coordination with adjacent jurisdictions. A letter of coordination from the town, the county, City of Charleston, and City of Folly Beach (dependent upon jurisdiction) shall be required as part of all land development applications with the exception of applications for single-family detached residential uses. The purpose of the letter of coordination is to ensure that each jurisdiction is aware of proposed development and that there is consistency in land use, density/intensity and dimensional standards, and design and development standards adopted by the jurisdictions. Coordination with applicable town, city, or county: Council, Planning Commission, staff, Design Review Board, or other review, recommendation, or decision-making bodies may be required.
(F) Development standards and requirements (all areas). The following development standards and requirements apply to all parcels within the Folly Road Corridor Overlay District in addition to the requirements described in each of the five areas. All non-single-family detached development applications shall, at the time application is made, provide proof that the following requirements will be met:
(1) Vehicle access.
(a) All parcels in this overlay with a future land use designation of OR (Office Residential) are allowed one curb cut per 150 feet of road frontage; all other commercial uses are allowed one curb cut every 250 feet. Single-family detached residentially zoned parcels and parcels containing single-family detached residential uses shall be exempt from this requirement.
(b) The minimum distance from a street intersection for new residential or commercial use access is 75 feet measured from the edge of the intersecting roadway to the beginning of the driveway radius. These minimum spacing requirements will be increased if a right-turn deceleration lane is required and shall equal the length of the turn lane and taper plus an additional distance of 50 feet.
(c) As a condition of nonresidential use zoning/rezoning, a suitable access management plan must be submitted demonstrating that the driveway separation requirements can be met. The following techniques may be employed to achieve this result, but the burden of accomplishing the desired effect remains with the developer of the property:
1. Aggregation of parcels;
2. Parallel frontage or “backage” roads;
3. Shared curb cuts between adjoining properties; and
4. Shared access easements between parcels.
(2) Traffic study. A traffic impact analysis shall be required in all instances in which the proposed developmental area exceeds five acres or 100 peak hour vehicle trips. Such traffic impact analysis shall be prepared by an independent planning or engineering firm and shall be provided to the municipality or jurisdiction for review simultaneous with submission of the preliminary site plan for consideration.
(3) Pedestrian access. Bike and pedestrian ways shall be included in site design and shall provide a continual link access to adjacent parcels, as well as within the development area. Grade-separated pedestrian walkways must provide a direct connection from the street to the main entrance, and to abutting properties. Pedestrian walkways must be designed and located in a manner that does not require pedestrians to walk through parking lots or cross driveways and sidewalks may be allowed in right-of-way buffers.
(4) Building height. Maximum 35-foot height, excluding previously approved planned developments.
(5) Signs. In addition to the requirements in § 153.341, all free-standing signs shall meet the following requirements:
(a) Reserved;
(b) Maximum six-foot height and 40 square feet in the North/South Village, Neighborhood Preservation, and Conservation Areas;
(c) Maximum eight-foot height and 50 square feet in the Commercial Core Area;
(d) Shared shopping center signs shall be allowed with a maximum ten-foot height and 100 square feet;
(e) Internal illumination shall be allowed for all areas except the Neighborhood Preservation and Conservation Areas which shall utilize external illumination;
(f)
Electronic message board signs shall be prohibited (except for civic/institutional uses when approved by Zoning Administrator); and
(g) All legal nonconforming signs located in the Folly Road Corridor Overlay Zoning District shall remain legal nonconforming until removed or replaced.
(6) Rethink Folly Road Standards. The following development standards and requirements apply to all parcels within the Folly Road Corridor Overlay District in addition to the requirements described in each of the five Areas. All non-single family detached development applications shall, at the time application is made, provide proof that the following requirements will be met:
(a) A separated 12-foot multi-use path along the frontage of the parcel shall be installed. Required ROW buffer plantings can be reduced to accommodate the path if space is limited. The Zoning Administrator shall be authorized to reduce the width of the required multi-use path if conditions exist that would render the required width unfeasible.
(b) Required bicycle parking shall be installed in accordance with
§ 153.332(J).
(G) North Village Area. (City of Charleston and Charleston County). The North Village Area extends from Crosscreek/Tatum Street to Oakpoint Road (Ellis Creek Area) as illustrated on the FRC-O map entitled “North Village.” Parcels in this area are within the jurisdiction of the City of Charleston and unincorporated Charleston County. This area currently consists of mixed medium and low intensity commercial such as shopping centers, professional office, and vehicle services. There are also higher intensity residential uses such as apartment complexes. This area is intended to have less intense commercial uses than the commercial uses found in the Commercial Core Area, particularly along the north side of Central Park Road and west side of Folly Road. This area is not intended for large scale commercial development such as big box stores or mega-shopping centers. Future development in this area is to be a mix of medium to lower intensity commercial, office, and residential uses with increased buffers along Folly Road for more intensive commercial uses. The following commercial recommendations apply to parcels within the North Village Area as indicated on the map. All development applications shall, at the time application is made, provide proof that the following requirements will be met:
(1) Permitted uses. Shall include those allowed in the Residential Office (OR), General Office (OG), and Neighborhood Commercial (CN) Zoning Districts as indicated on the overlay map and as described in Table 153.110, Use Table.
(a) Prohibited uses. Vehicle sales (new or used), hotels and motels.
(2) Buffers.
(a) A minimum 25-foot vegetated right-of-way buffer shall be required along Folly Road in the CN or OG designated areas;
(b) A minimum 15-foot vegetated right-of-way buffer shall be required along Folly Road in the OR designated areas;
(c) In the CN or OG designated use areas, a minimum 20-foot rear vegetated buffer shall be required adjacent to residential uses;
(d) In the OR designated use areas, a minimum 15-foot vegetated rear buffer shall be required adjacent to residential uses; and
(e) Where appropriate, fencing may be required to screen adjacent or surrounding residential uses. When a minimum six-foot height, opaque fence or wall is utilized, the Zoning Administrator may reduce the land use buffer by up to half its required depth when deemed appropriate; however, no required vegetated buffer shall be less than ten feet in depth.
(H) Commercial Core Area. (Town of James Island and City of Charleston). This area is the gateway and commercial center to the town and extends from Oak Point Road (Ellis Creek Area) to Prescott Street as shown on the FRC-O map entitled “Commercial Core.” Parcels in this area are primarily within the town with a few parcels within the City of Charleston. This area consists of higher intensity commercial uses such as chain type restaurants, vehicle service and repair, drug stores, and shopping centers with minimal buffering along Folly Road. Future development in this area is intended for higher intensity commercial uses than those found in the other areas of the corridor. Future development in this area should place high priority on pedestrian connectivity between businesses and neighborhoods with attractive planted streetscapes and building architecture. The following commercial recommendations apply to parcels along Folly Road as indicated on the map. All development applications shall, at the time application is made, provide proof that the following requirements will be met:
(1) Permitted uses. Shall include those allowed in the Community Commercial (CC) Zoning District as indicated on the overlay map and as described in Table 153.110, Use Table.
(a) Prohibited uses. Self-service storage/mini warehouses, vehicle sales (new or used), hotels and motels.
(2) Uses requiring special exception. Liquor, beer, or wine sales (as defined in this chapter), bar or lounge, consumer vehicle repair, fast- food restaurant, gasoline service stations (with or without convenience stores), indoor recreation and entertainment, vehicle service.
(3) Buffers.
(a) A minimum of a 15-foot vegetated right-of-way buffer shall be required along Folly Road.
(b) A minimum of a 25-foot rear vegetated buffer shall be required adjacent to residential uses; and
(c) Fencing may be required to screen adjacent or surrounding residential uses. When a minimum six-foot height, opaque fence or wall is utilized, the Zoning Administrator may reduce the land use buffer by up to half its required depth when deemed appropriate; however, no required vegetated buffer shall be less than ten feet in depth.
(I) South Village Area. (City of Charleston, Town of James Island, Charleston County). The South Village Area extends from Prescott Street to Rafael Lane as illustrated on the FRC-O map entitled “South Village.” Parcels in this area are within the jurisdiction of the town and the City of Charleston, with a few parcels in unincorporated Charleston County. This area currently consists of mixed high to medium intensity commercial development along the west side of Folly Road such as shopping centers, big box stores, and consumer services, and small scale offices and residential uses along the east side of Folly Road. This area is intended to be developed similar to the North Village Area with less intense commercial development than the Commercial Core Area. This area is intended to have a mix of high to medium intensity uses along the west side of Folly and low intensive development on the east side of Folly Road. Future development in this area is to be a mix of commercial and residential uses with increased right-of-way buffers along the west side of Folly Road increased land use buffers on both sides of Folly Road when commercial development occurs adjacent to single-family detached residential uses. The following commercial recommendations apply to parcels within the South Village Area as indicated on the map. All development applications shall, at the time application is made, provide proof that the following requirements will be met:
(1) Permitted uses. Shall include those allowed in the Residential (R), Residential Office (OR), and Neighborhood Commercial (CN) Zoning Districts on the east side of Folly Road and Community Commercial (CC) Zoning Districts on the west side of Folly Road as indicated on the overlay map and as described in Table 153.110, Use Table.
(a) Prohibited uses. Self-service storage/mini warehouses, vehicle sales (new or used), hotels and motels.
(2) Uses requiring special exception. Vehicle storage, boat/RV storage, bar or lounge, consumer vehicle repair, fast-food restaurant, gasoline service stations (with or without convenience stores), indoor recreation and entertainment, vehicle service.
(3) Buffers.
(a) A minimum 15-foot vegetated right-of-way buffer shall be required along the east side of Folly Road and a minimum 35-foot vegetated right-of-way buffer shall be required along the west side of Folly Road.
(b) A minimum 20-foot vegetated rear buffer shall be required adjacent to residential uses.
(c) Fencing may be required to screen adjacent or surrounding residential uses. When a minimum six-foot height, opaque fence or wall is utilized, the Zoning Administrator may reduce the land use buffer by up to half its required depth when deemed appropriate; however, no required vegetated buffer shall be less than ten feet in depth.
(J) Neighborhood Preservation Area. (Charleston County, City of Charleston). The Neighborhood Preservation Area extends from Rafael Lane to Battery Island Drive as illustrated on the FRC-O map entitled “Neighborhood Preservation.” This area consists primarily of low-intensity residential uses with some commercial development primarily along the northwest area of Folly Road. This portion of the overlay district is to provide an appropriate transition from the more intense commercial development on James Island before entering the Conservation Area and the City of Folly Beach by preserving the existing low density residential character. The following commercial and residential recommendations apply to parcels along Folly Road as indicated on the map. All development applications shall, at the time application is made, provide proof that the following requirements will be met:
(1) Permitted uses. Shall include those allowed in the Special Management (S3) and Neighborhood Commercial (CN) Zoning Districts as indicated on the overlay map and as described in Table 153.110, Use Table.
(a) Prohibited uses. Vehicle sales (new or used), hotels and motels.
(2) Uses requiring special exception. Liquor, beer, or wine sales (as defined in this chapter), bar or lounge.
(3) Building size. No single building structure shall exceed 5,000 square feet.
(4) Buffers.
(a) A minimum of a 25-foot vegetated right-of-way buffer shall be required along Folly Road in the commercial area which may be reduced to 15 feet when there is no parking or vehicular use area between buildings and right-of-way.
(b) A minimum of a 20-foot vegetated rear buffer shall be required adjacent to residential uses.
(c) Fencing may be required to screen adjacent or surrounding residential uses. When a minimum six-foot height, opaque fence or wall is utilized, the Zoning Administrator may reduce the land use buffer by up to half its required depth when deemed appropriate; however, no required vegetated buffer shall be less than ten feet in depth.
(K) Conservation Area. (Charleston County, City of Folly Beach). The Conservation Area extends from Battery Island Drive to Folly River as illustrated on the FRC-O map entitled “Conservation.” This area is intended to be the least intensely developed area of the overlay zoning district and is to provide a natural scenic open space before entering the City of Folly Beach by preserving the marsh views and vistas of this area. The following commercial and residential recommendations apply to parcels along Folly Road as indicated on the map. All development applications shall, at the time application is made, provide proof that the following requirements will be met:
(1) Permitted uses. Shall include those allowed in the Neighborhood Commercial (CN) and the Special Management (S3) Zoning District.
(a) Prohibited uses. Vehicle sales (new or used), hotels and motels.
(2) Uses requiring special exception. Liquor, beer, or wine sales (as defined in this chapter), bar or lounge, consumer vehicle repair, fast- food restaurant, gasoline service stations (with or without convenience stores), indoor recreation and entertainment, vehicle service, hotels and motels.
(3) Buffers.
(a) A minimum of a 25-foot vegetated right-of-way buffer shall be required along Folly Road in the Commercial Area which may be reduced to 15 feet when there is no parking or vehicular use area between buildings and right-of-way.
(b) A minimum of a 20-foot vegetated rear buffer shall be required adjacent to residential uses.
(c) Fencing may be required to screen adjacent or surrounding residential uses. When a minimum six-foot height, opaque fence or wall is utilized, the Zoning Administrator may reduce the land use buffer by up to one-half its required depth when deemed appropriate; however, no required vegetated buffer shall be less than ten feet in depth.
(Ord. 2012-06, § 5.4, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013; Ord. 2013-12, passed 11-21-2013; Ord. 2017-01, passed 2-16-2017; Ord. 2018-04, passed 6-21-2018; Ord. 2018-07, passed 8-16-2018; Ord. 2019-04, passed 8-15-2019; Ord. 2020-01, passed 3-19-2020; Ord. 2020-02, passed 3-19-2020; Am. Ord. 2020-04, passed 5-21-2020)