James Island City Zoning Code

ACCESSORY USES

AND STRUCTURES

§ 153.200 ACCESSORY USES AND STRUCTURES ALLOWED.

(A) General. Permitted uses and approved special exception uses shall be deemed to include accessory uses and structures that are necessarily and customarily associated with, and appropriate, incidental, and subordinate to the allowed principal use.

(B) Accessory uses. An ACCESSORY USE is a use customarily incidental and subordinate to the principal use of a zoning lot or of a structure. Accessory uses shall be subject to the same regulations as apply to principal uses in each zoning district, unless otherwise expressly stated.

(C) Accessory structures and buildings. An ACCESSORY STRUCTURE is a structure that is detached from a principal structure and customarily incidental and subordinate to the principal structure. Accessory structures include, but are not limited to, swimming pools, fences, and detached accessory buildings (barns, garages, sheds, gazebos). If any accessory building is attached to a principal building with a roof supported by columns or walls, it shall be deemed part of the principal building provided the attachment is a minimum of four feet in width with a minimum length to width ratio of 4:1. In such cases, the structure shall comply with the setback requirements of the applicable zoning district.

(Ord. 2012-06, § 6.5.1, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013; Ord. 2023-04, passed 5-18-2023)

§ 153.201 TIME ESTABLISHMENT.

Unless otherwise expressly permitted in this chapter, no accessory use shall be established and no accessory structures shall be allowed on the subject parcel until after all required permits and approvals for the principal use or activity have been obtained and there are no current zoning and/or building code violations on the property.

(Ord. 2012-06, § 6.5.2, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)

§ 153.202 RESIDENTIAL ACCESSORY USES.

The following uses and structures shall be allowed as accessory uses and structures to allowed residential uses:

(A) Fences and walls;

(B) Garages, carports, and off-street parking areas;

(D) Home occupations, subject to § 153.210;

(E) Playhouses, patios, cabanas, porches, gazebos, and incidental household storage buildings

(F) Radio and television receiving antennas or dishes;

(G) Recreational and play facilities for the use of residents;

(H) Solar collectors, subject to § 153.217;

(I) Tennis courts, swimming pools, hot tubs, and related mechanical equipment;

(J) Barns and farming-related structures even if the subject parcel does not contain a primary structures or use, provided that no agricultural or farm-related structure on a parcel of one acre or less in an RSL and RSM District shall exceed 250 square feet in area;

(K) The selling of sweetgrass baskets is allowed as an accessory use in all agricultural zoning districts and in RSL Zoning Districts; and

(L) Other necessary and customary uses determined by the Zoning Administrator to be appropriate, incidental and subordinate to the principal use of the property, subject to compliance with any standards contained within this chapter.

(Ord. 2012-06, § 6.5.3, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)

§ 153.203 AGRICULTURAL ACCESSORY USES.

Accessory agricultural uses shall include all residential accessory uses and those accessory uses and activities customarily associated with agricultural operations, as determined by the Zoning Administrator. Barns and farm-related structures, including roadside stands selling sweetgrass baskets or indigenous produce grown or produced on the farm where the roadside stand is located, shall be allowed on all parcels in agricultural zoning districts, even if the subject parcel does not contain a primary structure. Manufactured homes, modular building units, and pre-manufactured container units may be used for nonresidential purposes only in all agricultural zoning districts subject to the following requirements as well as those in the Town Building Code, as amended.

(Ord. 2012-06, § 6.5.4, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)

§ 153.204 COMMERCIAL AND INDUSTRIAL ACCESSORY USES.

The following uses and structures shall be allowed as accessory uses and structures to allowed commercial and industrial uses:

(A) One dwelling unit for security or maintenance personnel;

(B) Fences and walls;

(D) Off-street parking areas (which may be located on a separate parcel pursuant to the requirements contained in §§ 153.330 through 153.342);

(E) Radio and television receiving antennas or dishes and support structures;

(F) Recreation areas and facilities for the use of employees;

(G) Cafeterias, dining halls, and similar food services when operated exclusively for the convenience of employees, clients, or visitors to the principal use;

(H) Day care facilities when operated exclusively for the convenience of employees of the principal use;

(I) Gift shops, newsstands, and similar commercial activities operated exclusively for the convenience of employees, clients, or visitors to the principal use;

(J) Solar collectors, subject to § 153.217; and

(K) Other necessary and customary uses determined by the Zoning Administrator to be appropriate, incidental, and subordinate to the principal use on the lot, subject to compliance with any standards contained within this chapter.

(Ord. 2012-06, § 6.5.5, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)

§ 153.205 ACCESSORY RETAIL SALES AND PERSONAL SERVICES.

Personal services and retail sales established with the express purpose of providing a convenience for tenants of multi-family or office development shall be permitted, subject to the following limits: The accessory activity shall be located on the same zoning lot as the principal use.

(Ord. 2012-06, § 6.5.6, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)

§ 153.206 INSTITUTIONAL AND CIVIC ACCESSORY USES.

The following uses and structures shall be allowed as accessory uses and structures to allowed institutional and civic uses:

(A) Refreshment stands and food and beverage sales located in uses involving public assembly;

(B) Cafeterias, dining halls, and similar food services when operated primarily for the convenience of employees, residents, clients, patients, or visitors to the principal use;

(C) Gift shops, news stands, and similar commercial activities operated primarily for the convenience of employees, residents, clients, patients, or visitors to the principal use;

(D) Recreation areas and facilities for the use of employees;

(E) Solar collectors, subject to § 153.217 of this code; and

(F) Other necessary and customary uses determined by the Zoning Administrator to be appropriate, incidental, and subordinate to the principal use on the lot, subject to compliance with any standards contained within this chapter.

(Ord. 2012-06, § 6.5.7, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)

§ 153.207 ACCESSORY STRUCTURES IN RESIDENTIAL/OR DISTRICTS.

Unless otherwise expressly stated and in addition to any other applicable provisions of this chapter, accessory structures in residential and Residential Office (OR) Zoning Districts shall be subject to the following standards.

(A) An accessory structure erected as an integral part of the principal structure shall be made structurally a part thereof, shall have a common wall therewith, and shall comply in all respects with the requirements of these and other regulations applicable to principal structures.

(B) A detached accessory structure shall be located:

(1) On the rear of the lot, behind the principal structure. This limitation shall not apply to carports or garages;

(2) At least six feet from any existing dwelling or dwelling under construction;

(3) At least three feet (if size of structure is 120 square feet or under) or at least five feet (if size of structure is over 120 square feet) from any interior lot line in a residential district; if in an OR District that abuts a residential district, the accessory structure in the OR District shall be located at least ten feet from the abutting interior lot line; when an OR District abuts another O, C, or I district, setbacks for accessory structures are not required; and

(4) If on a corner lot, the accessory structure shall not project in front of the front building line required or existing on the adjacent lot unless approved by the Zoning Administrator. Vision clearance triangle must be maintained.

(D) Accessory structures shall be included in building coverage.

(E) Accessory buildings shall not exceed 25 feet in height as measured from ground level.

(Ord. 2012-06, § 6.5.8, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013; Ord. 2016-09, passed 9-15-2016; Ord. 2023-04, passed 5-18-2023)

§ 153.208 ACCESSORY STRUCTURES IN GENERAL OFFICE/COMMERCIAL DISTRICTS.

Unless otherwise expressly stated and in addition to any other applicable provisions of this chapter, accessory structures in General Office (OG) and Commercial (CN, CC) zoning districts shall be subject to the following standards.

(B) A detached accessory structure shall be located:

(1) On the rear of the lot, behind the principal structure. This limitation shall not apply to carports or garages;

(2) At least six feet from any existing structure or structure under construction;

(3) If in a zoning district that abuts a residential district, the accessory structure shall be located at least ten feet from the abutting interior lot line of the residential district; when in a zoning district that abuts another OG, CN, CC or I district, setbacks for accessory structures are not required; and

(4) If on a corner lot, the accessory structure shall not project in front of the front building line required or existing on the adjacent lot.

(D) Accessory structures shall be included in building coverage.

(E) Accessory buildings shall not exceed 25 feet in height as measured from ground level.

(Ord. 2017-09, passed 7-13-2017)

§ 153.209 MANUFACTURED HOUSING UNITS.

(A) In agricultural zoning districts, a manufactured housing unit may be used for one caretaker’s quarters. It shall not be permitted for other than residential use unless authorized elsewhere in this chapter.

(B) Applications to use manufactured housing units for temporary use while construction is in progress on a permanent structure shall be submitted to the Zoning Administrator for a construction permit in accordance with temporary zoning permit requirements of this chapter. Such a temporary unit shall be removed from the premises within 30 days of issuance of a certificate of occupancy for the permanent structure.

(C) Manufactured housing units may be utilized for classroom and related use for a two-year period or as otherwise expressly provided in the approval of a special exception. The period of use may be extended upon application and proper findings by the Board of Zoning Appeals.

(D) Where needed for the general welfare of the public, governmental entities may utilize manufactured housing units as classrooms, clinics, offices, and caretaker’s quarters, provided special exception approval has been obtained.

(E) Manufactured housing units, modular building units, and pre-manufactured container units shall not be allowed as accessory uses nor as accessory structures for purposes of permanent storage units unless they are located in an AGR, AG-5, Community Commercial (CC), or Industrial (I) Zoning District and comply with the provisions of § 153.216.

(Ord. 2012-06, § 6.5.10, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)

§ 153.210 HOME OCCUPATIONS.

(A) General. Some types of work can be conducted at home with little or no effect on the surrounding neighborhood. The home occupation regulations of this section are intended to permit residents to engage in home occupations, while ensuring that home occupations will not be a detriment to the character and livability of the surrounding area. The regulations require that home occupations (an accessory use) remain subordinate to the principal residential use of the property and that the viability of the residential use is maintained. Zoning permits shall be required for all home occupations.

(B) Where allowed. Home occupations that comply with the regulations of this section shall be allowed as an accessory use to any allowed residential or agricultural principal use.

(C) Allowed uses. The home occupation regulations of this section establish performance standards rather than detailed lists of allowed home occupations. Uses that comply with all of the standards of this section will be allowed as home occupations unless they are specifically prohibited.

(D) Prohibited uses.

(1) Vehicle/equipment repair, rental, or sales. Any type of repair, rental, sales, or assembly of vehicles or equipment with internal combustion engines (such as autos, motorcycles, scooters, outboard marine engines, lawn mowers, chain saws, and other small engines) or of large appliances (such as washing machines, dryers, and refrigerators) or any other work related to automobiles and their parts is prohibited as a home occupation in the RSL, RSM, MHS, and MHP Zoning Districts, unless these types of repairs, rentals, or sales take place in an enclosed structure and pose no noise or safety concerns.

(2) Restaurants. Restaurants and food service establishments are not allowed as home occupations. Food service for bed and breakfasts shall be allowed under this chapter.

(3) Employee dispatch centers. Dispatch centers, where employees come to the site to be dispatched to other locations, are not allowed as home occupations.

(4) Animal care or boarding. Animal care or boarding facilities (including animal hospitals, kennels, stables, and all other types of animal boarding and care facilities) are not allowed as home occupations in the RSL, RSM, MHS, and MHP residential zoning districts.

(5) Medical offices or clinics. Medical offices and medical clinics are not allowed as home occupations in the RSL, RSM, MHS, and MHP residential zoning districts. This includes doctors’ offices, dentists’ offices, psychologists’ offices, hospitals, and all other medical care facilities. The prohibition shall not be interpreted as preventing medical practitioners from seeing patients in the practitioner’s home on an emergency basis.

(6) Funeral homes. Funeral homes and funeral service activities are not allowed as home occupations.

(7) Barber shops, beauty shops, and nail salons. Barber and beauty shops with more than one chair are not allowed as a home occupation.

(8) Dancing schools. Dancing schools are not allowed as home occupations.

(E) Employees. Only one full-time or one part-time employee, who is not a full-time resident of the home where the home occupation is located, is allowed. The home occupation may have other employees who are not working at the residence, but work at other off-site locations, if applicable. For the purpose of this provision, the term NONRESIDENT EMPLOYEE includes an employee, business partner, co-owner, or other person affiliated with the home occupation, who does not live at the site, but who visits the site as a part of the home occupation.

(F) Resident operator. The operator of a home occupation shall be a full-time resident of the dwelling unit.

(G) Customers. Customers may visit the site of a home occupation only during the hours of 8:00 a.m. to 8:00 p.m., with no more than an average of one customer or client per hour being allowed.

(H) Floor area. No more than 25% of the total floor area of the dwelling unit may be used to house a home occupation, except that bed and breakfasts allowed by this chapter are exempt from this provision. Up to 1,000 square feet of an accessory structure, such as a garage, may be used for a home occupation.

(I) Outdoor activities. All activities and storage areas associated with home occupations must be conducted in completely enclosed structures.

(J) Exterior appearance. There shall be no visible evidence of the conduct of a home occupation when viewed from the street right-of-way or from an adjacent lot. Signs for a home occupation are expressly prohibited. There may be no change in the exterior appearance of the dwelling unit that houses a home occupation or the site upon which it is conducted that will make the dwelling appear less residential in nature or function. Examples of such prohibited alterations include construction of parking lots, paving of required setbacks, adding additional entrances to the dwelling unit, or adding signs or commercial-like exterior lighting.

(K) Operational impacts. No home occupation or equipment used in conjunction with a home occupation may cause odor, vibration, noise, electrical interference, or fluctuation in voltage that is perceptible beyond the lot line of the lot upon which the home occupation is conducted. No hazardous substances may be used or stored in conjunction with a home occupation.

(L) Trucks. Not more than one truck, truck cab, or van used in conjunction with a home occupation may be parked at the site of the home occupation in any RSL, MHS, or MHP Zoning District. No semi-truck trailers or full trailers shall be allowed in these zoning districts.

(M) Deliveries. No more than four deliveries or pick-ups of supplies or products associated with home occupations are allowed between the hours of 8:00 a.m. and 8:00 p.m.

(N) Sales. No article, product, or service may be sold in connection with a home occupation, other than those produced on the premises or comprise 25% or less of the gross receipts.

(Ord. 2012-06, § 6.5.11, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)

§ 153.211 ANIMALS.

(A) The keeping of household pets shall be allowed as an accessory use in all zoning districts in which residential dwelling units are permitted.

(B) The keeping of exotic or wild animals shall not be allowed as an accessory use and shall only be allowed if approved as a special exception in accordance with the procedures contained in §§ 153.040 through 153.055 of this code.

(C) The keeping of chickens shall be allowed as an accessory use in accordance with the conditions contained in § 90.17 of this code.

(D) The town may issue a special permit to allow for more chickens otherwise prohibited by § 90.17 with consideration given to the following:

(1) The number of chickens allowed by § 90.17 based on the size of the requesting party's residential lot, number of additional chickens the party is requesting to house beyond the chickens allowed by § 90.17 and geographical location (including the suburban/rural character of the surrounding neighborhood) of the residential lot where the requesting party desires to house more chickens than allowed by § 90.17 and the requesting party's means of isolating all chickens on their property so as to not become a nuisance to the surrounding homeowners.

(2) Homeowners within 150 feet of the property (closest property line to closest property line) of the requesting party must sign a letter consenting to the number of additional chickens to be housed at that location.

(3) The town may revoke the special permit at its sole discretion.

(Ord. 2012-06, § 6.5.12, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013; Ord. 2016-10, passed 10-20-2016; Ord. 2016-11, passed 1-19-2017)

§ 153.212 ACCESSORY STORAGE OF MAJOR RECREATIONAL EQUIPMENT.

No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

(Ord. 2012-06, § 6.5.13, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)

§ 153.213 STORAGE AND REPAIR OF OPERABLE AND INOPERABLE MOTOR VEHICLES.

(A) In all zoning districts, the open storage and or repair of inoperable motor vehicles is not permitted within the required front setback.

(B) In all zoning districts, the open storage or repair of inoperable motor vehicles must be screened by a fence, wall, building, or vegetative buffer that completely shields the vehicles from view from the public right-of-way and adjacent properties.

(C) The open storage and repair of more than two inoperable motor vehicles is prohibited on all lots in residential, office, commercial or industrial zoning districts unless specifically authorized for a use such as a salvage yard or motor vehicle repair shop.

(D) In all suburban residential zoning districts, storage of motor vehicle parts is permitted only within a completely enclosed accessory structure located on the same lot as the principal dwelling unit.

(E) Storage of commercial vehicles in residential zoning districts, unless otherwise expressly authorized by this chapter, is limited to one vehicle used as personal transportation.

(Ord. 2012-06, § 6.5.14, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013; Ord. 2017-11, passed 1-18-2018)

§ 153.214 VEHICLE SALES.

Not more than two operable or inoperable motor vehicles may be offered for sale upon any lot unless such sales activities are otherwise expressly authorized by this chapter. A vehicle for sale upon a lot in a residential zoning district must be owned by the owner of the subject lot and must comply with § 153.213.

(Ord. 2012-06, § 6.5.15, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)

§ 153.215 TEMPORARY PORTABLE STORAGE UNITS.

Temporary portable storage units are permitted if located on the same zoning lot as the permanent structure subject to the following conditions.

(A) If the temporary portable storage unit is located on a lot with a nonresidential use or zoning district designation for a period exceeding 15 days, the limited site plan review procedures of § 153.046 of this code shall apply.

(B) The maximum size of a temporary portable storage unit shall not exceed 160 square feet of indoor storage.

(C) A maximum of 160 square feet of indoor temporary portable storage shall be permitted per zoning lot in residential zoning districts.

(D) Temporary portable storage units are allowed for a period not to exceed a total of 60 days in one calendar year. Temporary zoning permits shall be required for temporary portable storage units that remain on a property for a time period exceeding 15 consecutive days.

(E) Temporary portable storage units shall not be placed in any right-of-way, retention area, septic field, easement, or on public property and shall not create a site obstruction for any vehicular or pedestrian traffic.

(F) Temporary portable storage units shall conform to the accessory structure requirements contained in this chapter.

(G) The maximum area of a temporary portable storage unit dedicated to signage shall be limited to 27 square feet per side or 58 square feet total.

(H) Temporary portable storage units shall be kept in good condition, free from evidence of deterioration, weathering, mildew, discoloration, rust, ripping, tearing, or other holes or breaks.

(I) Temporary portable storage units shall not be used for the storage of hazardous or flammable substances, live animals, or human habitation.

(J) All vendors providing service related to the transportation of household goods and/or rental/delivery of portable storage containers shall be in compliance with the state’s regulatory laws and licensing requirements through the Public Service Commission. Proof that the liability insurance of the company owning the temporary portable storage unit is equal to the minimum amount required by the Public Service Commission shall be required at the time of permitting.

(K) The regulations listed above in this section shall not apply to temporary storage units that are:

(1) Placed for construction purposes and in conjunction with building permits, which may exceed the permitted time period, as long as the building permit remains active with continuous construction; and

(2) Placed during any period of declared emergency by federal, state, or local official action.

(Ord. 2012-06, § 6.5.16, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)

§ 153.216 PERMANENT STORAGE UNITS.

Permanent storage units are permitted subject to the following conditions.

(A) Applicability. This section applies to any permanent storage unit, as defined in division (C) below.

(B) Location.

(1) Permanent storage units may be established as an accessory use to any principal use in an AGR, AG-5, Community Commercial (CC), or Industrial (I) Zoning District. Permanent storage units are not permitted in any other zoning district.

(2) Permanent storage units are permitted only in the rear yard.

(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

MANUFACTURED HOUSING UNIT, MODULAR BUILDING UNIT, and PRE- MANUFACTURED CONTAINER UNITS. As defined in § 153.013.

PERMANENT STORAGE UNIT. Any manufactured housing unit, modular building unit, or pre-manufactured container unit exceeding 120 square feet in size that is used solely for nonresidential purposes.

REAR YARD. The area between the rear of the principal building and the rear lot line.

(D) Permitting. Permanent storage units shall not be established or placed on lots or parcels unless the Zoning Administrator has issued a zoning permit authorizing the unit. (See § 153.047.)

(E) Screening.

(1) Permanent storage units shall be completely screened from view along any lot line except the rear lot line, and along any lot line abutting a waterway. The screening must conform to division (E)(2) below.

(2) Screening shall include at least one of the following:

(a) The principal building and any existing vegetation on the lot; or

(b) If the methods in division (E)(1)(a) above are not sufficient to provide complete screening, a minimum Residential Class A buffer (refer to § 153.335(D)(2)(e)) or a minimum six-foot high masonry wall must be provided between the permanent storage unit and the required lot lines.

(3) The Zoning Administrator may waive the screening requirements if the permanent storage unit complies with the building design standards in division (F) below.

(F) Building design.

(1) Applicability. Divisions (F)(2)(a) through (F)(2)(e) below apply to all permanent storage units, regardless of screening.

(2) Standards.

(a) The building footprint of the permanent storage unit shall not occupy more than 500 square feet.

(b) The building height of the permanent storage unit shall not exceed 12 feet.

(d) All moving or towing apparatus must be removed or concealed with skirting, including hitch, wheels, and axles.

(e) Bare, unfinished metal is prohibited as an exterior building material.

(G) Existing permanent storage units. Permanent storage units in existence prior to July 19, 2006 shall be considered to be existing legal nonconforming structures.

(Ord. 2012-06, § 6.5.17, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)

§ 153.217 SOLAR COLLECTORS.

Solar collectors shall be permitted provided that the following performance standards are met.

(A) Roof-mounted residential building solar collectors located on front or side building roofs visible from the public right-of-way shall not extend above the peak of the roof plane where it is mounted, and no portion of any such solar collector shall extend more than 24 inches as measured perpendicularly to the roof at the point where it is mounted.

(B) Roof-mounted residential building solar collectors located on the rear or interior side building roofs shall not extend above the peak of the roof plane where it is mounted and no portion of any such solar collector shall extend more than four feet as measured perpendicularly to the roof at the point where it is mounted.

(C) Ground-mounted solar collectors shall not exceed eight feet in total height and shall be located to meet all setback requirements.

(D) All utility service lines serving a ground- mounted solar system shall be located underground.

(E) Any system incorporated into a nonresidential building shall be integrated into the basic form and main body of the building. If roof mounted, all collector panels shall fit into the form of the roof; if the building’s roof is sloped or if “rack” mounting is used on a flat roof, the mounting must be concealed from view at street level. Exposed rack supports and free-standing collectors apart from the main building shall not be permitted.

(F) Roof mounted solar energy systems mounted on accessory or detached buildings are allowed on detached garages or swimming pool equipment buildings. Detached greenhouses are also acceptable. No free-standing panels shall be allowed.

(G) If an active solar or photovoltaic solar system is utilized, all components servicing the collector panels shall be concealed, including mechanical piping and conduits.

(H) All exposed metal shall be of a color that will blend into its surroundings.

(Ord. 2012-06, § 6.5.18, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)