Mount Pleasant City Zoning Code
SUBCHAPTER C
USE REGULATIONS
§ 156.300 PURPOSE.
(A) Generally.
(1) The purpose of this subchapter is to:
(a) Promote the public health, safety, morals, and general welfare; and
(b) Protect and preserve places and areas of environmental, historical, cultural, and architectural importance and significance.
(2) These regulations are adopted in accordance with the Comprehensive Plan and are designed to:
(a) Distribute land uses to meet the physical, social, cultural, economic, and energy needs of present and future populations;
(b) Ensure that new development is compatible with surrounding development in use, character, and scale;
(c) Protect natural, historical, and cultural resources;
(d) Provide for land uses that serve important public needs, such as affordable housing and employment generators;
(e) Integrate civic uses into neighborhoods;
(f) Promote infill housing and residential development;
(g) Promote mixed use districts and neighborhoods that allow residents to access daily needs and services via multiple modes of transportation; and
(h) Promote retail, office, and other commercial development in appropriate locations.
(B) Regulation of land use. In accordance with the purposes described in division (A) above, this subchapter:
(1) Establishes the land uses allowed in each zoning district;
(2) Establishes supplemental regulations for conditional and certain special exception uses, which have unique operational characteristics or impacts; and
(3) Establishes regulations for accessory and temporary uses.
(Ord. passed 1-14-25)
§ 156.301 APPLICABILITY.
(A) This subchapter regulates the use of land throughout the Town of Mount Pleasant.
(B) Part 3: Principal Uses and Structures applies to all principal uses and structures.
(C) Part 4: Accessory Uses and Structures applies to all accessory uses and structures.
(D) Part 5: Temporary Uses and Structures applies to all temporary uses and structures, including interim and part-time uses and structures.
(E) Part 6: Short-Term Rentals applies to all short-term rental uses.
(F) Part 7: Small Wireless Facilities and Telecommunications Towers applies to all small wireless facilities in the right-of-way and all telecommunications towers.
(Ord. passed 1-14-25)
§ 156.302 ZONING PERMIT REQUIRED.
(A) Generally.
(1) Pursuant to Subchapter I, Part 7, zoning permit approval is required prior to the:
(a) Clearing, excavation, or filling of any lot for any site improvements;
(b) Commencement of construction or demolition of any building; or
(c) Moving or alteration of any building.
(2) Zoning permits are also required prior to the establishment of principal uses and structures, certain accessory uses and structures, and certain temporary uses and structures.
(B) Principal uses and structures.
(1) Prior to the establishment of a new principal use or structure or a change from one principal use to another, an applicant must receive a zoning permit.
(2) Special exception uses and structures require approval by the Board of Zoning Appeals (see Subchapter I, Part 9). If approved by the Board of Zoning Appeals, a special exception use also requires a zoning permit prior to establishment of the use.
(C) Accessory uses and structures.
(1) Prior to the establishment of an accessory use or structure, an applicant must receive a zoning permit if required by § 156.436.
(2) Accessory uses or structures that do not require a zoning permit must comply with all applicable provisions of Subchapter C, Part 4.
(D) Temporary uses and structures.
(1) Prior to the establishment of a temporary use, an applicant must receive a zoning permit if required by § 156.487.
(2) Temporary uses that do not require a zoning permit must comply with all applicable provisions of Subchapter C, Part 5.
(Ord. passed 1-14-25)
§ 156.303 REPLACEMENT OF AN EXISTING DETACHED HOUSE DWELLING.
(A) The Zoning Administrator may issue a conditional zoning permit for the construction of a detached house dwelling to replace an existing detached house dwelling. This conditional zoning permit allows the lot owner to live in the existing detached house dwelling during the construction of another detached house dwelling located on the same lot.
(B) The lot owner shall apply for and receive a demolition permit for the existing detached house dwelling prior to the issuance of a certificate of occupancy for the new dwelling.
(C) The lot owner must complete the demolition and removal of the existing dwelling within 90 days of the issuance of a certificate of occupancy for the new dwelling. The Zoning Administrator may approve up to three 90-day extensions upon a showing of good cause. Examples of good cause include events and conditions beyond the lot owner’s reasonable control, such as:
(1) Natural disasters, such as hurricanes and fires;
(2) Significant illness or family emergency;
(3) Military deployment;
(4) An inability to obtain sufficient project financing due to economic and market conditions; or
(5) Scarcity of labor or materials.
(Ord. passed 1-14-25)
§ 156.304 CRITICAL FACILITIES IN SPECIAL FLOOD HAZARD AREAS.
(A) As specified in § 152.20(M), new critical facilities are prohibited from the 500-year floodplain.
(B) “Critical facilities” have the meaning specified in § 152.04.
(Ord. passed 1-14-25)
§ 156.305 OUTDOOR STORAGE OF VEHICLES.
(A) Commercial vehicles in residential areas.
(1) In residential areas, up to one commercial vehicle may be parked or stored outside of an enclosed building. Acceptable commercial vehicles include standard size vans, sport utility vehicles, and pick-up trucks.
(2) Other commercial vehicles, including dump trucks; wreckers; utility trucks; tractor-trailer rigs; field service trucks; delivery trucks; open or enclosed trailers with a principal purpose to store or haul tools, materials, or equipment of a commercial and/or business nature; and the like are prohibited in residential areas.
(B) Exterior storage of vehicles.
(1) Except as otherwise specifically allowed in this subchapter, it is unlawful to keep, store, or otherwise maintain, indoors or outdoors, for a period in excess of 48 hours, any motor vehicle that meets any of the following criteria:
(a) Has been damaged to such an extent that the cost of repairs would exceed the cost of the repaired vehicle;
(b) Does not have a current motor vehicle license;
(c) Does not have a current inspection sticker; or
(d) Is inoperable.
(2) This division does not prohibit the restoration of licensed antique automobiles or other motor vehicles of special value.
(Ord. passed 1-14-25)
§ 156.315 GENERALLY.
Where Subchapter B or Subchapter C requires attainable housing, the requirements in this part apply.
(Ord. passed 1-14-25)
§ 156.316 ATTAINABLE HOUSING UNITS DEFINED.
(A) Owner-occupied attainable housing units.
(1) Attainable homeownership dwelling units are owner-occupied units where the monthly mortgage payment (including principal, interest, property taxes, homeowners’ insurance, private mortgage insurance, and property owners' association fees) does not exceed 30% of the owner household’s gross monthly income.
(2) Attainable homeownership dwelling units are occupied by households earning up to 120% of the Median Family Income (MFI) for the Charleston-North Charleston, SC Metropolitan Statistical Area (MSA), as published annually by the U.S. Department of Housing and Urban Development (HUD) and adjusted for household size.
(B) Rental attainable housing units.
(1) Attainable rental dwelling units are renter-occupied units where the monthly rental rate plus the cost of all major utilities (excluding telephone, cable or satellite television, and internet service) does not exceed the fair market rent (FMR) for the Charleston-North Charleston, SC MSA, as published annually by HUD and adjusted for the number of bedrooms in the dwelling unit.
(2) Attainable rental dwelling units are occupied by households earning up to 80% of the median family income (MFI) for the Charleston-North Charleston, SC MSA, as published annually by HUD and adjusted for household size.
(Ord. passed 1-14-25)
§ 156.317 ELIGIBILITY.
(A) Owner-occupied attainable housing units.
(1) Primary residence. The attainable housing unit shall serve as the owner's primary residence for the duration of ownership or until the deed restrictions required by this part have expired.
(2) Initial eligibility determination process.
(a) Prospective buyers of new attainable housing units shall be screened and determined eligible by the developer, or their designee, prior to occupancy.
(b) Prior to closing on a new attainable housing unit, the developer shall submit an affidavit to the town that verifies the unit will be occupied by a household qualified pursuant to the requirements of this subpart.
(3) Increase in household income or change in employment during occupancy.
(a) A household is not required to vacate an attainable housing unit if:
1. The household's income increases to an amount above 120% of the median family income; or
2. The household’s employment situation changes such that no member of the household is employed at a business located within the town.
(b) Upon vacating the premises naturally, the unit shall be sold to a qualifying household pursuant to the requirements of this part if the deed restrictions required by § 156.318 are still in effect.
(B) Renter-occupied attainable housing units.
(1) Primary residence. The attainable housing unit shall serve as the owner's primary residence for the duration of the lease or until the deed restrictions required by this part have expired.
(2) Eligibility determination process. Prospective renters of attainable housing units shall be screened and determined eligible by the property owner, or their designee, prior to occupancy. Both of the following requirements are applicable and subject to final approval by the town:
(a) The owner shall provide proof to the town, upon initial occupancy and anytime the lease is renewed thereafter, that the current tenants meet the necessary qualifications.
(b) Any time a new tenant occupies an attainable housing unit, the owner shall submit an affidavit to the town that verifies the unit will be occupied by a household qualified pursuant to the requirements of this subpart.
(3) Minimum lease term. A minimum lease term of six months is required for all attainable housing units.
(4) Increase in household income or change in employment during occupancy.
(a) A household is not required to vacate an attainable housing unit if:
1. The household's income increases to an amount above 80% of the median family income; or
2. The household’s employment situation changes such that no member of the household is employed at a business located within the town.
(b) The tenant may renew the lease for one additional term, not to exceed two years. Upon vacating the premises, the unit shall be rented to a qualifying household pursuant to the requirements of this part if the deed restrictions required by § 156.318 are still in effect.
(Ord. passed 1-14-25)
§ 156.318 DEED RESTRICTIONS.
(A) The applicant must submit draft deed restrictions for review by the Town Attorney in conjunction with any application required to establish the proposed use or development.
(B) The deed restrictions shall limit the resale or occupancy of an attainable housing unit to a household eligible, as described in this part, for a period of at least 30 years after issuance of the certificate of occupancy.
(C) The deed restrictions shall be recorded prior to issuance of a building permit for any portion of the development.
(D) The deed restrictions shall include, at a minimum, the following elements:
(1) Duration;
(2) Occupancy requirement and restrictions against leasing/subleasing;
(3) Restriction on resale;
(4) Requirement to notify the town in the case of conveyance (for owner-occupied units), lease renewal (for rental units), or establishment of a new rental contract (for rental units), and provide verification that the purchaser or tenant is qualified pursuant to the requirements of this part;
(5) Right of first refusal, if applicable;
(6) Distribution of gross sales proceeds, if applicable; and
(7) Procedure in the case of foreclosure (for owner-occupied units only).
(Ord. passed 1-14-25)
§ 156.319 DESIGN AND DEVELOPMENT STANDARDS.
(A) Exterior appearance of dwellings. Attainable housing units shall be indistinguishable from market-rate units. External building materials and finishes for attainable housing units shall be the same in type and quality as the market-rate units.
(B) Interior features of dwelling units. Interior features of attainable housing units shall be functionally equivalent to the market-rate units, though the finishes and materials need not be identical.
(C) Energy efficiency improvements. Attainable housing units shall be comparable to the market-rate units in terms of improvements related to energy efficiency, which include but are not limited to, mechanical equipment and plumbing, insulation, windows, and heating and cooling systems.
(Ord. passed 1-14-25)
§ 156.320 ATTAINABLE HOUSING PLAN.
(A) The associated application must include a preliminary attainable housing plan that contains, at a minimum, the following information:
(1) A general description of the development, including whether the development will contain owner-occupied or rental units, or both;
(2) The total number and type of market-rate units and attainable housing units in the development; and
(3) The number of bedrooms in each market-rate unit and in each attainable unit.
(B) Prior to the issuance of building permits for any portion of the development, a finalized attainable housing plan must be submitted to the town that includes the information specified in division (A) above as well as the address and parcel identification number of each attainable housing unit.
(Ord. passed 1-14-25)
§ 156.515 PURPOSE.
The purpose of this part is to regulate the use of residential dwelling units as short term rentals (STR) in order to:
(A) Protect the integrity of the residential character of the town's existing neighborhoods and the quality of life of its citizens;
(B) Establish a system to track and manage STR inventory in the town; and
(C) Protect the health and safety of occupants of STR units.
(Ord. passed 1-14-25)
§ 156.516 APPLICABILITY.
(A) This part applies to all short-term rentals, as defined in § 156.517, below.
(B) This part and its requirements applies to any and all businesses that qualified as a bed and breakfast under previous town ordinances.
(Ord. passed 1-14-25)
§ 156.517 DEFINITIONS.
For purposes of this part, the following definitions apply unless the context clearly indicates or requires a different meaning.
RESIDENTIAL DWELLING UNIT. A building or portion of a building arranged or designed to provide complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
SHORT-TERM RENTAL.
(1) The rental or lease for valuable consideration of a residential dwelling unit, or portion thereof, for a duration of less than 30 consecutive days;
(2) Home-based businesses and tourist accommodations, including hotels (includes motels and extended stay accommodations), boutique hotels (includes inns), and similar accommodations located on property in a commercial zoning district are excluded from the definition of SHORT TERM RENTALS and thus are not subject to this part.
STR OPERATOR. Any property owner who receives payment for operating a residential dwelling unit, or portion thereof, as a short-term rental.
For the purposes of this part, OPERATOR may be interpreted to mean property owner.
(Ord. passed 1-14-25)
§ 156.518 MAXIMUM NUMBER ALLOWED.
At no time shall the maximum number of residential dwelling units used as STRs exceed 400 (the “cap”), except as otherwise set forth in § 156.519(A)(2).
(Ord. passed 1-14-25)
§ 156.519 SHORT-TERM RENTAL PERMIT.
(A) To operate each STR, one must obtain an STR permit, which must be applied for on an annual basis as follows:
(1) STR permit requirements. The following requirements must be met prior to issuance of an STR permit:
(a) The approved STR application;
(b) Payment of STR permit application fees; and
(c) Payment of business license fees for STR permits held during the previous year.
(2) Annual registration.
(a) The STR permit application and registration fees shall be paid at the time the application is submitted. Any outstanding penalty fees must be paid prior to an application being reviewed. For current STR operators, applications must be submitted and associated fees paid, starting November 15 and ending midnight December 15. Current STR operators that submit an application by the December 15 deadline, and are able to provide proof that all requirements were met during the previous operating year, shall not be subject to the cap, as set forth in § 156.518. Applications received from current STR operators after December 15 will be subject to the cap, as set forth in § 156.518, and will be treated as a new STR operator application.
(b) Beginning January 1, STR applications may be considered, starting with the waitlist, for issuance of an STR permit if the cap has not been reached after current STR operators have completed their applications. Any application received for an STR that was illegally operating the prior year will be assessed a penalty fee of $500 in addition to the standard permit fees. If an application is found to be incomplete, the primary contact will be notified, and will have ten business days to submit missing information. If not received within ten business days of notification, the application will be denied.
(3) Change in registered owner information. STR permits shall not transfer upon conveyance of the property. A new owner of a residential dwelling unit, formerly registered as an STR under the previous owner, shall be required to submit a new STR application and review fee. Upon approval pursuant to the provisions of this part, an STR permit can be issued to the new owner of the residential dwelling unit. However, if the residential dwelling unit operating as a short-term rental is owned as joint tenants with right of survivorship, the STR permit can be transferred to another joint tenant of the residential dwelling unit, upon the death of the short-term rental permit holder. In order for the STR permit to be transferred under this division, the joint tenant must be an immediate family member and must submit the information listed in divisions (A)(3)(a) through (d) below for review. For purposes of this division, an IMMEDIATE FAMILY MEMBER is a spouse, parent, sibling, or child of the short-term rental permit holder.
(a) A copy of the certified death certificate for the short-term rental permit holder;
(b) A copy of the deed for the residential dwelling unit operating as a short-term rental, indicating that the applicant is a joint tenant with right of survivorship for the residential dwelling unit;
(c) Proof that the applicant has satisfied all requirements under divisions (B) and (D) below; and
(d) A non-refundable review fee of $100 is required in conjunction with a request to transfer the STR permit.
(4) Inaccurate or incomplete registration information. It is a violation of this part for an owner to intentionally provide inaccurate information for the registration of a residential dwelling unit used as an STR, or to fail to provide information required by the application form.
(5) Designation of local agent.
(a) The owner of a residential dwelling unit used as an STR shall designate a local agent who shall be responsible for operating the STR in compliance with the law. Official notices may be served on the designated local agent and/or the STR operator; however, any notice served on the designated local agent shall be deemed to have been served upon the STR operator of record.
(b) Nothing shall prevent the STR operator from designating themself, or a properly formed and registered business entity, as the agent. The agent must be able to physically respond to the site within 60 minutes in case of emergency.
(6) More than one property owner or ownership by entity.
(a) Where more than one person has an ownership interest in a property used as an STR, the required information shall be provided for each owner.
(b) In cases where the property owner is not a person, the information required for the applicant shall be provided for the organization owning the STR and for the president, general manager, or other chief executive officer of the organization.
(B) Annual renewal requirements. An application must be submitted annually to the Department of Planning, Land Use, and Neighborhoods.
(1) Information required. The STR application shall contain the following information:
(a) The address of the residential dwelling unit;
(b) The total number of individual residential dwelling units. For the purposes of this part, an individual residential dwelling unit applies to the three scenarios listed in divisions (B)(1)(b)1. through (b)3. below. One "entity" or "guest" refers to a single contractual agreement.
1. An STR operator may rent their residential dwelling unit, in its entirety, to one "guest" or "entity”;
2. An STR operator may reside in their residential dwelling unit, while renting one bedroom, and up to six bedrooms, to separate "guests" or "entities," in the fashion of a traditional bed and breakfast; or
3. Where there is a legally established accessory dwelling unit, an STR operator may rent their accessory dwelling unit, in its entirety, to one "guest" or "entity," or an STR operator may rent their principal residential dwelling unit, in its entirety, to one "guest" or "entity.” If the owner does not live on site, in no case shall the ADU and principal residential dwelling unit be rented separately. Occupancy of an accessory dwelling unit is limited to no more than three persons;
(c) The number of bedrooms in each STR residential dwelling unit;
(d) The number of parking spaces provided on site. At least one additional off-street parking space is required for each residential dwelling unit rented as an STR. The STR operator must designate and assign a maximum allowable number of STR renter vehicle parking spaces on site during any rental period, and submit a photo of designated parking spaces with the STR application. Further, the STR operator must disclose in their advertisement, as well as notify all renters of, the maximum number of vehicles permitted at one time on the STR property;
(e) The maximum overnight occupancy, which shall not exceed two persons per bedroom, plus two additional people for a whole-house rental;
(f) The names, mailing addresses, business phone numbers, personal phone numbers, and business addresses of each STR operator and designated local agent, if managed through an outside agency;
(g) The address of the primary residence where the STR operator and designated local agent will accept notices and orders from the town;
(h) An affidavit signed by the STR operator certifying the property complies with all town fire and building ordinances and neighborhood covenants and restrictions, if any;
(i) Certification that the STR operator has read applicable town and state regulations including, but not limited to, those regarding taxes, noise, trash, parking, alcohol, animals, litter, and golf carts;
(j) Certification that the STR operator has prominently posted within the property a summary of applicable town regulations including, but not limited to, those regarding noise, trash, parking, alcohol, animals, litter, and golf carts;
(k) Certification that the STR operator is aware that penalties may be assessed for violations by tenants as detailed in § 156.522;
(l) Copy of general liability insurance;
(m) Copy of neighborhood covenants and restrictions, if any; and
(n) Proof of minimum rental requirement of 24 nights and four separate bookings.
(C) Permit application fee. At the time of the application, a non-refundable application fee of $250 shall be paid for owner-occupied STRs. In the case of whole-house rentals and ADUs, a non-refundable application fee of $500 shall be paid. These fees are established by Town Council and may be changed from time to time.
(D) Business license required.
(1) Business licenses must be obtained by the STR operator and renewed annually by the submittal of a business license application and tax as established by the town in Chapter 110.
(2) A business license will only be issued after the STR permit has been issued.
(3) The business license number and the maximum occupancy for each STR must be prominently displayed in the STR.
(E) Other taxes. STR operators are subject to local, county, and state taxes including, but not limited to property, sales, use, and accommodations taxes, and are liable for the payment thereof as established by state law and this Code.
(Ord. passed 1-14-25)
§ 156.520 ADDITIONAL REQUIREMENTS FOR SHORT-TERM RENTALS.
(A) All STR operators and/or designated local agents responsible for the leasing of STRs are required to maintain the following:
(1) The name, address, and other contact information of each signatory included on the rental agreement;
(2) A document signed by the STR operator and/or designated local agent responsible for renting the STR certifying the number of persons intended to occupy the dwelling; and
(3) The STR operator and/or designated local agent shall update the information required by this division for each rental to different tenants or occupants.
(B) The STR operator and/or designated local agent shall provide the following to each person signing a rental agreement as a responsible party for an STR:
(1) The address of the STR and emergency contact numbers;
(2) The name and contact information for the STR operator or designated local agent; and
(3) A copy of the town's rules and regulations including, but not limited to, regarding noise, trash, parking, litter, maximum occupancy, and state golf cart regulations.
(C) The number of STR permits issued to one permitholder is limited to two.
(1) For the purpose of this division, a PERMITHOLDER is defined as the owner or owners of any real property seeking to operate as an STR.
(2) If a property is owned by an individual or individuals, the permitholder is the individual owner or owners of the property.
(3) If the property is owned by a legal entity, the permitholder is the registered agent or other legal representative of the legal entity.
(Ord. passed 1-14-25)
§ 156.521 PROHIBITIONS.
(A) The use of any structure as an STR that does not meet the definition of a residential dwelling unit is prohibited.
(B) STRs are prohibited within any neighborhood that specifically prohibits short-term rental activity by way of their enforceable covenants and restrictions.
(C) The use of any structure as an STR that is defined per Subchapter N as a triplex, quadplex, or multiplex dwelling is prohibited.
(D) The hosting of events such as, but not limited to, weddings, parties, or similar gatherings, consisting of more than the maximum overnight occupancy of each STR, which shall not exceed two persons per bedroom plus two additional people per rental dwelling, are prohibited.
(Ord. passed 1-14-25)
§ 156.522 VIOLATIONS AND PENALTIES.
(A) Violations. It is a violation of this part to:
(1) Operate an STR without complying with the requirements of this part and the Town Code;
(2) Expand the allowable occupancy of an STR without obtaining a new permit;
(3) Advertise, hold out, offer, or otherwise make available, a property as being available as an STR without first complying with the requirements of this part, including the following:
(a) Advertise an STR as being available for more overnight occupants than are permitted pursuant to this part;
(b) Advertise more STRs on a property than are permitted pursuant to this part; and
(c) Advertise a property as an STR, "special event" house or similar use for events or parties exceeding the maximum overnight occupancy of each rental dwelling;
(4) Operate an STR that has received four or more notifications by the town of occupant or guest violations including, but not limited to, the town's noise ordinance, excessive trash or debris, or exceeding maximum occupancy during any rolling one-year period.
(a) Conveyance of the residential dwelling unit to a new owner shall cause the rolling one-year period to restart, unless the new owner retains some common ownership interest with the prior owner.
(b) For the purpose of determining the total number of notifications to the STR operator, all written warnings and violations occurring within a single rental contract period shall be considered one violation.
(B) Penalties.
(1) No permit may be issued or approved unless the requirements of this chapter, or any ordinance adopted pursuant to it, have been met.
(2) A violation of this part may result in a penalty pursuant to the general penalty provisions of § 10.99, revocation or suspension of a business license pursuant to § 110.15, or the non-renewal of the license.
(a) The STR operator shall be subject to graduated penalties as the STR operator receives notifications as provided in this section.
(b) The permittee may respond within ten days of receiving the certified notice, with evidence that demonstrates that the notice was issued in error, and town staff may reconsider and withdraw the notice. Final decisions shall be made by the Zoning Administrator in writing and shall be provided to the permittee, or their agent, within 30 days of the permittee's request. The notice of violation shall be rescinded should the town fail to respond within the proscribed time period.
(c) The graduated penalties are:
1. First violation. A description sent to the STR operator of the violation and a warning that progressive action shall be taken by the town in the case of further violations.
2. Second violation. A description sent to the STR operator of the violation and a second warning that progressive action shall be taken by the town in the case of further violations.
3. Third violation. A description sent to the STR operator of the violation, a penalty of $500, and a third warning that progressive action shall be taken by the town in the case of further violations.
4. Fourth violation. A description sent to the STR operator of the violation, notice of the STR permit revocation, and initiation of business license revocation procedures pursuant to § 110.15, or notice that the license will not be renewed.
(C) The owner of a residential dwelling unit operating as a short-term rental without a valid permit shall, upon conviction, be punished by a fine not to exceed $500, or imprisonment for not more than 30 days, or both, and/or shall be subject to a civil penalty that shall not exceed $1,000, not including attorney's fees and costs to collect and enforce the civil penalty, including, but not limited to, any proceedings to create a lien on any property owned by the owner of the residential dwelling unit for any unpaid civil penalties. Further, the owner of a residential dwelling unit operating as a short-term rental without a valid permit cannot apply for any STR permit within one year from the date of conviction and/or date of assessment of civil penalty.
(D) Administrative revocation.
(1) Notwithstanding the general penalty provisions of § 10.99, the Zoning Administrator may revoke an STR permit if the STR has violated the provisions of this part on three or more occasions during a rolling one-year period.
(2) Provided, however, an STR permit may be immediately revoked if the Planning Director determines:
(a) The STR has Building Code violations;
(b) There is no business license for the STR;
(c) The STR is being used in a manner not consistent with the permit issued for the STR use; or
(d) The advertisement for the STR does not include the town-issued permit number and business license number.
(Ord. passed 1-14-25)
§ 156.523 APPEALS.
If a permit is administratively revoked or an application is administratively denied, an STR operator may appeal the Zoning Administrator's administrative decision revoking or denying the permit to the Board of Zoning Appeals within 30 calendar days from the date of the denial or revocation. All appeals shall be addressed in accordance with the appeal procedures of Subchapter I, Part 17.
(Ord. passed 1-14-25)
§ 156.524 SUBSEQUENT APPLICATIONS.
(A) Once a town-issued permit and/or a business license for STR use has been revoked, no new permit and/or business license for an STR use shall be issued to the same STR operator for a period of one year from the date of revocation.
(B) Upon expiration of the revocation period, a new permit application for an STR use must be submitted in accordance with this part.
(Ord. passed 1-14-25)
§ 156.325 APPLICABILITY.
(A) This part applies to all principal uses and structures. These standards supplement the other requirements of this chapter.
(B) Principal uses are allowed within the base zoning districts in accordance with § 156.338.
(Ord. passed 1-14-25)
§ 156.326 MULTIPLE PRINCIPAL USES ON A SINGLE PARCEL.
(A) Non-residential uses and mixed use developments. Where multiple principal uses are proposed to be located on a single parcel, all applicable conditions must be met for each proposed use. For example, if the proposed use is a gas station with a convenience store and a car wash, all requirements and conditions for gas station, car wash, and retail sales uses must be met.
(B) Residential uses. No more than one principal dwelling may be located on a single parcel, except in the case of apartment complexes.
(Ord. passed 1-14-25)
§ 156.335 INTRODUCTION.
(A) Generally. § 156.338 establishes the categories of uses specified in Table 156.335-1: Categories of Uses for all of the base zoning districts and floating zoning districts.
(B) Cumulative zoning. All uses allowed in the OP-1, OP-2, NC-1, and NC-2 Districts are allowed in the AB-1 District. All uses allowed in the AB-1 District are allowed in the AB-2 District.
(C) Allowed uses in planned districts. Allowed uses in a Planned Development District are specified in the rezoning ordinance that established the PD District and any amendments thereto.
(D) Explanation of use table. The top row of the use table contains the zoning districts and left side of the table contains various uses. The uses listed in the use table are allowed or prohibited in each zoning district according to the letter coding described in Table 156.335-1: Categories of Uses.
Notation | Category | Description |
P | Permitted use | The use is allowed by-right in the respective zoning district, if the use complies with all other applicable provisions of this chapter. |
C | Conditional use | The use is allowed only when it complies with the applicable conditions in Subchapter C, Subpart 3.3, in addition to all other applicable provisions of this chapter. The last column in the use table references the section containing the applicable use conditions. |
S | Special exception use | The use is allowed only if reviewed and approved in accordance with Subchapter I, Part 9 and complies with the applicable conditions in Subchapter C, Subpart 3.3, in addition to all other applicable provisions of this chapter. The last column in the use table references section containing the applicable use conditions. |
[blank cell] | Prohibited use | A blank cell indicates that a use is not allowed in the respective zoning district. |
(Ord. passed 1-14-25)
§ 156.336 CLASSIFICATION OF NEW AND UNLISTED PRINCIPAL USES.
(A) The Zoning Administrator may determine that an unlisted use is:
(1) Allowed in one or more zoning districts as a permitted use, conditional use, or special exception use if sufficiently similar in nature and impact to a permitted, conditional, or special exception use listed in § 156.338; or
(2) Prohibited in all zoning districts.
(B) In making this determination, the Zoning Administrator may refer to any of the following factors as guidance:
(1) The definitions contained in Subchapter N;
(2) Whether the use is consistent with the purpose of the zoning district in which it would be allowed;
(3) Whether the use has visual, traffic, environmental, or other impacts similar to an expressly listed use. The Zoning Administrator may refer to empirical studies or generally accepted planning or engineering sources in making this determination; and
(4) Whether the use is within the same industry classification as another allowed use. In making this determination, the Zoning Administrator may refer to the most recent edition of the North American Industry Classification Manual (“NAICS”) and/or the American Planning Association’s Land-Based Classification Standards (LBCS) Tables.
(C) The burden is on the applicant to establish that the unlisted proposed use is similar to the expressly listed use. The applicant shall submit verification that shows the proposed use is similar to another permitted, conditional, or special exception use and could be allowed.
(D) The Zoning Administrator shall determine whether a proposed use is similar to another permitted, conditional, or special exception use in the zoning district and could be allowed or is not similar and therefore prohibited. If the Zoning Administrator determines that:
(1) The proposed use is sufficiently similar in nature and impact to a permitted use, the applicant may proceed with any application necessary to establish the use;
(2) The proposed use is sufficiently similar in nature and impact to a conditional use, the applicant may submit a zoning permit application (see Subchapter I, Part 7) demonstrating compliance with the applicable conditions specified in Subchapter C, Subpart 3.3;
(3) The proposed use is sufficiently similar in nature and impact to a special exception use, the applicant may submit a special exception application (see Subchapter I, Part 9); or
(4) The proposed use is not sufficiently similar in nature and impact to a permitted use, conditional use, or special exception use, then the proposed use shall be denied and the applicant notified in writing.
(Ord. passed 1-14-25)
§ 156.337 PREEMPTION.
Uses regulated by the State of South Carolina and exempt from local control are permitted subject to state regulations.
(Ord. passed 1-14-25)
§ 156.338 PRINCIPAL USE TABLE.
Table 156.338-1: Principal Use Table | ||||||||||||||||||||||||||||
Use Category/Use | Zoning District | Use Conditions | ||||||||||||||||||||||||||
C O | C R O | R C - 1 | R C - 2 | R R | C C | R - 1 | R - 2 | R - 3 | R - 4 | T H | R M | P I - 1 | P I - 2 | O P - 1 | O P - 2 | N C - 1 | N C - 2 | A B - 1 | A B - 2 | E D | L I | C L | S C W - W | S C W - H | S C W - N | W G - C | ||
Table 156.338-1: Principal Use Table | ||||||||||||||||||||||||||||
Use Category/Use | Zoning District | Use Conditions | ||||||||||||||||||||||||||
C O | C R O | R C - 1 | R C - 2 | R R | C C | R - 1 | R - 2 | R - 3 | R - 4 | T H | R M | P I - 1 | P I - 2 | O P - 1 | O P - 2 | N C - 1 | N C - 2 | A B - 1 | A B - 2 | E D | L I | C L | S C W - W | S C W - H | S C W - N | W G - C | ||
ACCOMMODATIONS LODGING, AND GROUP LIVING USES | ||||||||||||||||||||||||||||
Boutique hotel or inn | C | C | C | C | 156.356 | |||||||||||||||||||||||
Group living, including group care dwellings, rooming houses, dormitories, and fraternity and sorority housing | P | P | P | P | ||||||||||||||||||||||||
Hotel/motel/extended stay | C | C | C | C | 156.365 | |||||||||||||||||||||||
Short-term rental | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | Subchapter C, Part 6 | ||||||||
AGRICULTURE, HORTICULTURE, AND LOCAL FOOD PRODUCTION USES | ||||||||||||||||||||||||||||
Agricultural sales, produce stand, or seafood stand | C | C | C | C | C | C | P | C | C | C | C | 156.347 | ||||||||||||||||
Agricultural storage | P | P | P | C | 156.348 | |||||||||||||||||||||||
Animal husbandry | P | P | P | P | ||||||||||||||||||||||||
Apiculture | C | C | C | 156.353 | ||||||||||||||||||||||||
Aquaculture and mariculture | P | P | P | P | P | P | S | |||||||||||||||||||||
Brewery, distillery, or winery | S | S | P | P | P | P | S | S | S | P | 156.357 | |||||||||||||||||
Community garden | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | |||
Crop, greenhouse, horticultural, or hydroponic production | P | P | P | P | P | P | P | P | ||||||||||||||||||||
Equestrian facility | C | P | P | C | 156.363 | |||||||||||||||||||||||
Forestry operation, bona fide | P | P | ||||||||||||||||||||||||||
Nursery operation, commercial | C | C | C | C | C | C | P | C | 156.372 | |||||||||||||||||||
Sweetgrass basket stand | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | 156.380 |
Wild game processing facility | P | P | ||||||||||||||||||||||||||
BUSINESS, SCIENTIFIC, AND TECHNICAL USES | ||||||||||||||||||||||||||||
Architectural and engineering services | P | P | P | P | P | |||||||||||||||||||||||
Banks, credit unions, savings and loans (excluding alternative lending institutions) | P | P | P | P | ||||||||||||||||||||||||
Computing infrastructure providers, data processing, web hosting, and related services | P | P | P | |||||||||||||||||||||||||
Financial investment services | P | P | P | P | P | |||||||||||||||||||||||
Flex space | P | P | P | P | ||||||||||||||||||||||||
Information technology and services | P | P | P | P | P | P | ||||||||||||||||||||||
Marketing, design, and publishing services | P | P | P | P | P | |||||||||||||||||||||||
Office, general (unless otherwise listed) | P | P | P | P | P | P | P | |||||||||||||||||||||
Production studio, with transmission tower | Subchapter C, Subpart 7.2 | |||||||||||||||||||||||||||
Production studio, without transmission tower | P | P | P | P | P | P | ||||||||||||||||||||||
Research and development facility | P | P | P | P | P | P | ||||||||||||||||||||||
Testing laboratories and services | P | P | P | P | P | |||||||||||||||||||||||
CIVIC, EDUCATIONAL, AND COMMUNITY USES | ||||||||||||||||||||||||||||
Church, synagogue, or other place of worship | P | P | P | P | S | S | S | S | P | P | P | P | P | P | Subchapter I, Part 9 | |||||||||||||
Club, lodge, or fraternal organization | P | P | S | S | S | S | P | P | P | P | P | P | P | Subchapter I, Part 9 | ||||||||||||||
College/university | P | P | P | P | P | P | P | |||||||||||||||||||||
Community service facility | C | C | C | C | S | S | S | S | P | P | P | P | P | P | P | P | 156.360 | |||||||||||
Crematory | P | |||||||||||||||||||||||||||
Cultural facility | C | C | C | C | C | C | C | P | P | P | P | C | P | 156.361 | ||||||||||||||
Cultural facility, water-related | C | C | C | C | C | C | C | P | P | P | P | C | S | S | P | 156.361 | ||||||||||||
Funeral home or mortuary chapel | S | S | S | S | S | S | P | P | P | P | Subchapter I, Part 9 | |||||||||||||||||
Interment uses, such as cemetery, columbarium, or mausoleum | S | S | S | S | S | S | P | P | P | P | Subchapter I, Part 9 | |||||||||||||||||
Personal improvement education | P | P | P | P | P | |||||||||||||||||||||||
Personal improvement education, water-dependent | P | P | P | P | P | P | P | P | ||||||||||||||||||||
Pre-school/educational nursery/day care | C | C | C | P | P | P | P | P | P | P | P | P | 156.374 | |||||||||||||||
School, primary or secondary | C | C | C | C | C | C | C | C | P | P | P | P | P | P | P | P | 156.377 | |||||||||||
School, trade/vocational | P | P | P | P | P | P | P | P | P | P | ||||||||||||||||||
School, trade/vocational, water-related | P | P | P | P | P | P | P | P | P | P | P | |||||||||||||||||
COMMERCIAL USES | ||||||||||||||||||||||||||||
Adult uses | C | 156.345 | ||||||||||||||||||||||||||
Alternative lending services | P | P | ||||||||||||||||||||||||||
Animal boarding facility, day care, or shelter | C | C | S | C | P | P | S | 156.352 | ||||||||||||||||||||
Art gallery | P | P | P | P | P | P | ||||||||||||||||||||||
Artisan workshop or artist studio, with retail sales | P | P | P | P | P | P | P | |||||||||||||||||||||
Artisan workshop or artist studio, without retail sales | P | P | C | P | P | P | P | P | C | P | P | P | 156.354 | |||||||||||||||
Bar, nightclub, or lounge | P | P | P | |||||||||||||||||||||||||
Bookstore, newsstand | P | P | P | P | P | |||||||||||||||||||||||
Boutique manufacturing | P | P | P | |||||||||||||||||||||||||
Brewpub | P | P | P | P | ||||||||||||||||||||||||
Commercial kitchen, caterer and banquet services | P | P | P | P | ||||||||||||||||||||||||
Event venue | P | P | S | P | ||||||||||||||||||||||||
Florist, flower shop | P | P | P | P | P | |||||||||||||||||||||||
Grocery store | P | P | P | P | ||||||||||||||||||||||||
Medical, dental, and hospital equipment and supplies merchant wholesalers, ophthalmic goods merchant wholesalers | C | P | P | P | 156.384 | |||||||||||||||||||||||
Neighborhood gathering place | C | C | C | C | 156.370 | |||||||||||||||||||||||
Personal and business support services | P | P | P | P | P | P | ||||||||||||||||||||||
Pet care service | P | P | P | P | P | |||||||||||||||||||||||
Pet supply store | P | P | P | P | P | |||||||||||||||||||||||
Pharmacy | P | P | P | P | P | |||||||||||||||||||||||
Restaurant | P | P | P | P | P | P | P | |||||||||||||||||||||
Restaurant, with drive-thru | P | P | P | |||||||||||||||||||||||||
Retail sales (unless otherwise listed) | P | P | P | |||||||||||||||||||||||||
Retail sales, water-related | P | P | ||||||||||||||||||||||||||
Self-service storage facility | C | P | 156.378 | |||||||||||||||||||||||||
Specialty food store | P | P | P | P | ||||||||||||||||||||||||
Tattoo or body piercing studio | S | 156.381 | ||||||||||||||||||||||||||
Veterinary clinic | P | P | P | P | P | P | P | P | ||||||||||||||||||||
Wholesale sales, unless otherwise listed | C | P | P | 156.384 | ||||||||||||||||||||||||
GOVERNMENT FACILITIES | ||||||||||||||||||||||||||||
Administrative office | P | P | P | P | P | P | P | P | P | P | P | |||||||||||||||||
Farmers market | P | P | P | P | P | |||||||||||||||||||||||
Fuel storage and dispensing | P | P | ||||||||||||||||||||||||||
Judicial center | P | P | ||||||||||||||||||||||||||
Law enforcement or firefighting training facility | P | P | ||||||||||||||||||||||||||
Lay-down yard, maintenance facility with open lot storage of materials, vehicles, and equipment | P | P | ||||||||||||||||||||||||||
Police, fire, or EMS facility | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | ||||
Port | P | P | P | |||||||||||||||||||||||||
Recycling and waste-related facility | P | S | Subchapter I, Part 9 | |||||||||||||||||||||||||
Transportation terminal | P | |||||||||||||||||||||||||||
HEALTHCARE USES | ||||||||||||||||||||||||||||
Assisted living facility or nursing home | P | P | P | P | ||||||||||||||||||||||||
Continuing care retirement community | P | P | P | |||||||||||||||||||||||||
Convalescent home or physical rehabilitation facility | P | P | P | |||||||||||||||||||||||||
Hospice care facility | P | P | P | P | P | |||||||||||||||||||||||
Hospital or medical campus | P | P | P | P | P | |||||||||||||||||||||||
Medical laboratory, diagnostic imaging center | P | P | P | P | P | |||||||||||||||||||||||
Medical office | P | P | P | P | P | |||||||||||||||||||||||
Residential treatment facility | S | S | P | P | P | Subchapter I, Part 9 | ||||||||||||||||||||||
MARINE-RELATED AND WATER-DEPENDENT USES | ||||||||||||||||||||||||||||
Dock for commercial fishing vessel(s) | P | P | P | P | P | |||||||||||||||||||||||
Marine salvage operation | P | S | S | Subchapter I, Part 9 | ||||||||||||||||||||||||
Marine warehousing | P | P | P | S | ||||||||||||||||||||||||
Marina or dry stack watercraft storage | P | P | P | |||||||||||||||||||||||||
Seafood processing | P | P | P | |||||||||||||||||||||||||
Water taxi or other charter boat facility | P | P | P | P | P | |||||||||||||||||||||||
Watercraft or marine equipment service or repair | S | P | C | S | S | 156.383 | ||||||||||||||||||||||
Watercraft rentals or sales (excluding rentals or sales of personal watercraft) | P | P | ||||||||||||||||||||||||||
Watercraft rental or sales | P | P | P | |||||||||||||||||||||||||
MIXED USES | ||||||||||||||||||||||||||||
Live-work unit | P | P | P | P | P | P | P | P | ||||||||||||||||||||
Mixed use building | C | C | C | C | C | C | 156.367 | |||||||||||||||||||||
RECREATION AND ENTERTAINMENT USES | ||||||||||||||||||||||||||||
Amusement center | S | 156.351 | ||||||||||||||||||||||||||
Boat launch or dock | P | P | P | P | P | P | C | C | P | P | P | P | P | P | C | C | P | 156.355 | ||||||||||
Boat launch or dock, neighborhood | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | ||||||||||||
Campground or campsite | P | P | P | P | P | C | C | P | 156.358 | |||||||||||||||||||
Commercial recreation and entertainment | P | P | P | P | ||||||||||||||||||||||||
Community recreation | P | P | P | P | P | P | P | P | ||||||||||||||||||||
Community recreation, water-dependent | P | P | P | P | P | P | P | S | S | P | ||||||||||||||||||
Community recreation, with lighted outdoor facilities | S | S | S | S | S | S | S | S | Subchapter I, Part 9 | |||||||||||||||||||
Golf course | P | P | ||||||||||||||||||||||||||
High-impact entertainment | S | C | P | 156.364 | ||||||||||||||||||||||||
High-impact recreation | S | C | 156.364 | |||||||||||||||||||||||||
Neighborhood recreation | C | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | 156.371 | |||||
Neighborhood recreation, water-dependent | C | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | C | P | 156.371 | |||||
Open space, natural | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | |
Pedestrian trails | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | |
Recreational vehicle park | P | |||||||||||||||||||||||||||
Shooting range, indoor | C | C | 156.379 | |||||||||||||||||||||||||
Sports complex | P | P | P | |||||||||||||||||||||||||
Sports complex, with lighted outdoor facilities | S | S | Subchapter I, Part 9 | |||||||||||||||||||||||||
Theater | P | P | P | |||||||||||||||||||||||||
RESIDENTIAL USES | ||||||||||||||||||||||||||||
Amenity building and/or facility in a residential development | C | C | P | P | P | P | P | P | P | P | P | P | P | P | 156.350 | |||||||||||||
Apartment complex | P | P | ||||||||||||||||||||||||||
Community residence | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | |
Duplex dwelling | P | C | P | P | C | 156.362 | ||||||||||||||||||||||
Manufactured housing unit | P | P | P | P | P | |||||||||||||||||||||||
Multiplex dwelling | P | P | ||||||||||||||||||||||||||
Quadplex dwelling | P | P | ||||||||||||||||||||||||||
Rural compound | C | C | C | C | 156.376 | |||||||||||||||||||||||
Detached house dwelling | P | P | P | P | P | P | P | P | P | P | P | C | ||||||||||||||||
Townhouse dwelling | P | P | C | P | 156.382 | |||||||||||||||||||||||
Triplex dwelling | P | P | ||||||||||||||||||||||||||
Zero lot line dwelling | P | P | ||||||||||||||||||||||||||
SPECIAL INDUSTRY USES | ||||||||||||||||||||||||||||
Cold storage | P | P | ||||||||||||||||||||||||||
Cold storage, water-related | P | P | P | S | S | |||||||||||||||||||||||
Fuel storage and dispensing facility | P | |||||||||||||||||||||||||||
Fuel storage and dispensing facility, water-dependent | P | P | S | S | ||||||||||||||||||||||||
Ice manufacturing and sales | P | P | ||||||||||||||||||||||||||
Ice manufacturing and sales, water-related | P | P | P | |||||||||||||||||||||||||
Manufacturing and production | S | C | P | P | 156.366 | |||||||||||||||||||||||
Recycling and waste-related facility | S | Subchapter I, Part 9 | ||||||||||||||||||||||||||
Resource extraction | S | S | S | Subchapter I, Part 9 | ||||||||||||||||||||||||
Resource processing and storage | P | P | ||||||||||||||||||||||||||
Warehousing facility | P | P | ||||||||||||||||||||||||||
Table 156.338-1: Principal Use Table (Cont'd) | ||||||||||||||||||||||||||||
Use Category/Use | Zoning District | Use Conditions | ||||||||||||||||||||||||||
C O | C R O | R C - 1 | R C - 2 | R R | C C | R - 1 | R - 2 | R - 3 | R - 4 | T H | R M | P I - 1 | P I - 2 | O P - 1 | O P - 2 | N C - 1 | N C - 2 | A B - 1 | A B - 2 | E D | L I | C L | S C W - W | S C W - H | S C W - N | W G - C | ||
Table 156.338-1: Principal Use Table (Cont'd) | ||||||||||||||||||||||||||||
Use Category/Use | Zoning District | Use Conditions | ||||||||||||||||||||||||||
C O | C R O | R C - 1 | R C - 2 | R R | C C | R - 1 | R - 2 | R - 3 | R - 4 | T H | R M | P I - 1 | P I - 2 | O P - 1 | O P - 2 | N C - 1 | N C - 2 | A B - 1 | A B - 2 | E D | L I | C L | S C W - W | S C W - H | S C W - N | W G - C | ||
TRANSPORTATION AND VEHICLE-RELATED USES | ||||||||||||||||||||||||||||
Airport or aviation facility | C | P | P | 156.349 | ||||||||||||||||||||||||
Car wash | C | P | 156.359 | |||||||||||||||||||||||||
Distribution terminal | P | P | ||||||||||||||||||||||||||
Gas station | S | P | P | S | ||||||||||||||||||||||||
Motor vehicle rental or sales, without outdoor storage and/or display | P | P | C | 156.368 | ||||||||||||||||||||||||
Motor vehicle service or repair | S | P | 156.369 | |||||||||||||||||||||||||
Parking lot or structure | C | C | C | C | C | C | C | C | C | C | C | C | 156.373 | |||||||||||||||
Port | P | P | ||||||||||||||||||||||||||
Transportation terminal | P | P | ||||||||||||||||||||||||||
UTILITY USES | ||||||||||||||||||||||||||||
Lay-down yard, maintenance facility with open lot storage of materials, vehicles and equipment | P | P | ||||||||||||||||||||||||||
Lay-down yard, maintenance facility with open lot storage of materials, vehicles and equipment, water-related | P | P | S | |||||||||||||||||||||||||
Public utility substation | P | P | ||||||||||||||||||||||||||
Pump station | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | 156.375 |
Small wireless facility | See Subchapter C, Part 7, Subpart 7.1 | |||||||||||||||||||||||||||
Telecommunication tower | See Subchapter C, Part 7, Subpart 7.2 | |||||||||||||||||||||||||||
Water and wastewater treatment and distribution systems and facilities | P | P | ||||||||||||||||||||||||||
(Ord. passed 1-14-25)
§ 156.345 APPLICABILITY.
The conditions specified in this subpart apply to uses listed as “conditional” or “special exception” in § 156.338. Special exception uses are also subject to the conditions specified in Subchapter I, Part 9.
(Ord. passed 1-14-25)
§ 156.346 ADULT USES.
The parcel on which the use will occur is not located within 1,500 feet of a place of worship, school, day care, playground, public or private recreation facility, property zoned to allow residential uses, or property with existing residential uses.
(Ord. passed 1-14-25)
§ 156.347 AGRICULTURAL, PRODUCE, OR SEAFOOD STAND.
(A) Dimensional standards.
(1) Maximum size. Stands shall not exceed 2,000 square feet in area, either under a roof or around the perimeter of the structure without a roof.
(2) Setbacks. Stands shall be located at least ten feet from all property lines.
(B) Development standards.
(1) Off-street parking areas. Parking areas are not subject to the paving requirements of Subchapter F.
(2) Signs. Signs for such uses are limited to one non-illuminated free-standing sign, not to exceed ten square feet in area and eight feet in height, or one non-illuminated sign attached to the structure, not to exceed ten square feet in area. Materials and illumination shall comply with Subchapter G.
(Ord. passed 1-14-25)
§ 156.348 AGRICULTURAL STORAGE.
All storage areas shall be screened by fencing, landscaping, and/or other appropriate materials so as not to be visible from adjacent public streets.
(Ord. passed 1-14-25)
§ 156.349 AIRPORT OR AVIATION FACILITY.
When located in the PI-2 District, the facility shall be owned by a public or quasi-public organization.
(Ord. passed 1-14-25)
§ 156.350 AMENITY BUILDING AND/OR FACILITY IN A RESIDENTIAL DEVELOPMENT.
(A) Such uses shall not be illuminated.
(B) Any buildings shall be primarily open-air.
(Ord. passed 1-14-25)
§ 156.351 AMUSEMENT CENTER.
(A) The parcel on which the use will occur shall not be located within 1,500 feet of a place of worship, school, daycare, playground, or public or private recreation facility.
(B) Hours of operation are limited from 8:00 a.m. to 12:00 midnight.
(Ord. passed 1-14-25)
§ 156.352 ANIMAL BOARDING FACILITY, DAY CARE, OR SHELTER.
(A) Overnight kennels must be located indoors.
(B) Where located adjacent to residential properties, outdoor areas shall be fenced or walled with an acoustic fence or other sound-absorbing materials; except that this condition does not apply in the RC-1 and RC-2 Districts.
(C) In the RC-1 and RC-2 Districts, outdoor areas shall be located at least 100 feet from all property lines.
(Ord. passed 1-14-25)
§ 156.353 APICULTURE.
(A) There is no minimum parcel size for beekeeping; however, the maximum density is two colonies per one-quarter acre.
(B) Hives shall be located at least 20 feet from all property lines. The opening of the hive shall be oriented away from adjoining properties.
(C) For colonies located within 25 feet of a property boundary, a flyway barrier at least six feet in height consisting of a solid wall, fence, or dense hedge parallel to the property line and extending ten feet beyond the apiary in each direction is required.
(D) A constant supply of fresh water is required. It shall be readily accessible to the bees and to allow them to access water by landing on a hard surface. A water supply is not required during winter and other inactive months.
(E) Hives not being actively maintained shall be removed.
(Ord. passed 1-14-25)
§ 156.354 ARTISAN WORKSHOP OR ARTIST STUDIO WITHOUT RETAIL SALES.
(A) All structures associated with such use are limited to a maximum gross floor area of 3,000 square feet.
(B) All structures associated with such use shall appear more residential in character and shall not detract from the residential character of the surrounding area.
(C) Outdoor storage of materials or equipment is prohibited.
(D) Setback requirements for detached house dwellings apply.
(E) No traffic shall be generated by such use in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such use shall be met off the street and other than in a required front yard.
(Ord. passed 1-14-25)
§ 156.355 BOAT LAUNCH OR DOCK.
(A) Within the SCW-W District, boat launches and docks are appropriate for any lawful commercial, personal, or public purpose. However, within the SCW-H and SCW-N Districts boat launches and docks are appropriate for any lawful commercial or public purpose, but not for personal use.
(B) In all other districts, the boat launch or dock shall be owned and/or operated by a public or quasi-public organization.
(Ord. passed 1-14-25)
§ 156.356 BOUTIQUE HOTEL OR INN.
Such uses shall only be located on properties designated as:
(A) Community Scale Commercial in the 2019 Comprehensive Plan, including:
(1) Belle Hall Hub, as shown in Figure 156.356-1;
(2) Seaside Hub, as shown in Figure 156.356-2;
(3) Sea Island Hub, as shown in Figure 156.356-3;
(4) Highway 41 Hub, as shown in Figure 156.356-4;
(5) Shelmore Village Hub, as shown in Figure 156.356-5;
(6) Six Mile Market Place Hub, as shown in Figure 156.356-6;
(B) Waterfront District on Highway 41; or
(C) Properties designated as Town Scale Commercial or Waterfront District (Patriots Point) in the 2019 Comprehensive Plan.
(Ord. passed 1-14-25)
§ 156.357 BREWERY, WINERY, OR DISTILLERY.
(A) All manufacturing activities and storage shall take place within an enclosed building.
(B) Structures related to manufacturing and/or storage of components and/or finished product shall be located at least 100 feet from all side and rear property lines.
(Ord. passed 1-14-25)
§ 156.358 CAMPGROUND OR CAMPSITE.
In the PI-1 and PI-2 Districts, the campgro und or campsite shall be owned and/or operated by a public or quasi-public organization.
(Ord. passed 1-14-25)
§ 156.359 CAR WASH.
(A) Where such use is located adjacent to residenti ally-zoned property or property used for residential purposes:
(1) A Type E buffer with a full masonry wall is required; and
(2) Hours of operation are limited to between 6:00 a.m. and 11:00 p.m.
(B) Noise-generating activities shall be oriented away from residential areas, and the location of such activities on the site shall be determined through the design review process. If determined to be necessary through this process, sound mitigation techniques shall be utilized in order to reduce noise impacts on surrounding properties.
(C) When operational changes are made to add noise-generating activities, such as blowers/dryers, to existing facilities, the location of such activities on the site shall be determined by the Zoning Administrator through the zoning permit approval process (see Subchapter I, Part 7).
(1) If determined to be necessary through this process, sound mitigation techniques shall be utilized in order to reduce noise impacts on surrounding properties.
(2) In such cases, the limitation on hours of operation specified above shall apply.
(Ord. passed 1-14-25)
§ 156.360 COMMUNITY SERVICE FACILITY.
Community service facilities are subject to the design review process (see Subchapter I, Part 12) to ensure the site and any structures are designed and constructed in a manner that blends in with the character of the area.
(Ord. passed 1-14-25)
§ 156.361 CULTURAL FACILITY.
(A) Cultural facilities are subject to the design review process (see Subchapter I, Part 12) to ensure the site and any structures are designed and constructed in a manner that blends in with the character of the area.
(B) When located in the CO District, any buildings associated with such facilities shall be primarily open-air and shall not be illuminated.
(Ord. passed 1-14-25)
§ 156.362 DUPLEX DWELLING.
(A) Duplex dwellings located in the R-4 District.
(1) Duplex dwellings shall be located on a corner lot.
(2) The dimensional standards are the same as those specified in Table 156.039-1: R-1, R-2, R-3, and R-4 Districts Dimensional Standards for detached houses.
(3) The front setback for the district shall be met along both street frontages.
(4) If the duplex dwelling includes separate entrances for each dwelling unit, each entrance must face a different street.
(B) Duplex dwellings located in the CL District.
(1) Duplex dwellings may be constructed in the CL District only when the cluster development subdivision design technique is utilized (see Chapter 155); and
(2) When located in the CL District, the total number of duplex dwelling units shall comprise no more than 20% of the total number of dwelling units allowed in the development.
(Ord. passed 1-14-25)
§ 156.363 EQUESTRIAN FACILITY.
(A) Any outdoor lighting shall be oriented to minimize spillover or glare on surrounding properties or rights-of-way; and
(B) Structures, storage areas, and parking areas shall be located at least 50 feet from any external property line.
(Ord. passed 1-14-25)
§ 156.364 HIGH-IMPACT ENTERTAINMENT AND HIGH IMPACT RECREATION.
(A) Such uses shall generally be located on a major road in a predominantly commercial area.
(B) In instances where an impact assessment is not required, a traffic analysis may be required to analyze the level of service during events in order for the Zoning Administrator, in consultation with the Town Director of Engineering and Development Services, to determine whether traffic improvements or controls shall be required.
(C) Where such uses are not located within a completely enclosed building, the following conditions shall also apply:
(1) Hours of operation are limited to 8:00 a.m. to 11:00 p.m.;
(2) Noise-generating activities shall be oriented away from residential areas and the location of such activities on the site shall be determined through the design review process;
(3) If determined necessary through the design review process, sound mitigation techniques shall be utilized in order to reduce noise impacts on surrounding properties; and
(4) Where such uses are located adjacent to residential properties, a Type E buffer with a full masonry wall is required.
(Ord. passed 1-14-25)
§ 156.365 HOTEL, MOTEL, OR EXTENDED STAY.
Such uses shall only be located on properties designated:
(A) As Town Scale Commercial or Waterfront District (Patriots Point and Highway 41) in the 2019 Comprehensive Plan; or
(B) For AB-1, Areawide Business-1 District, uses and ED, Economic Development District, uses that are located within the Oakland Plantation Planned Development District.
(Ord. passed 1-14-25)
§ 156.366 MANUFACTURING AND PRODUCTION.
(A) The use shall be conducted within a fully enclosed building.
(B) No obnoxious light, vibrations, smoke, gas, fume, odor, or dust, or other objectionable effects shall be perceptible beyond the lot line.
(Ord. passed 1-14-25)
§ 156.367 MIXED USE BUILDING.
(A) Generally.
(1) Residential uses shall not be located on any building level that contains non-residential uses.
(2) All dwelling units shall have direct access to the street level.
(3) Non-residential uses in a mixed use building are limited to those allowed in the zoning district in which the mixed use building is located.
(B) Density. Density shall not exceed four units per acre. However, density may be increased to eight units per acre if the additional units are dedicated to attainable housing, as defined in Subchapter C, Part 2.
(Ord. passed 1-14-25)
§ 156.368 MOTOR VEHICLE RENTAL OR SALES.
Sales are limited to heavy equipment or machinery such as, but not limited to, tandem-axle dump trucks, backhoes, tractors, cranes, and the like.
(Ord. passed 1-14-25)
§ 156.369 MOTOR VEHICLE SERVICE OR REPAIR.
(A) All service and repair operations are conducted within a fully enclosed building or buildings.
(B) Any outdoor storage meets the conditions of § 156.452.
(C) No obnoxious vibration, fume, light, or electrical disturbance created as a result of such repair or service operation shall be perceptible beyond the lot line.
(Ord. passed 1-14-25)
§ 156.370 NEIGHBORHOOD GATHERING PLACE.
(A) Maximum size. All structures shall have a gross floor area less than or equal to 3,000 square feet.
(B) Location. A neighborhood gathering place shall be located on a collector street or thoroughfare or be located at a major intersection within the community.
(Ord. passed 1-14-25)
§ 156.371 NEIGHBORHOOD RECREATION.
(A) Such uses shall not be illuminated.
(B) Any buildings associated with such use shall be primarily open-air.
(Ord. passed 1-14-25)
§ 156.372 NURSERY OPERATION, COMMERCIAL.
(A) Ancillary items, such as mulch, sand, gravel or similar materials, and seasonal items, such as Christmas trees and pumpkins, may be sold in addition to plants, but must clearly be incidental to the primary use as a wholesale or retail landscape plant nursery.
(B) Aggregate materials, such as mulch, sand, gravel, or similar materials, are kept inside a building or, if outside, in bins or sufficiently screened from view of adjoining properties or public roads by way of fencing or landscaping.
(C) Large vehicles, equipment, and machinery are housed inside a building or sufficiently screened from view of adjoining properties or public roads by way of fencing or landscaping.
(D) Accessory uses or structures, such as but not limited to, dumpsters, refuse containers, portable bathroom facilities and the like, are sufficiently screened from view of adjoining properties or public roads by way of fencing or landscaping.
(E) Plants and other merchandise or materials are kept in a neat and orderly fashion on the premises, either outdoors or inside a building.
(F) Permanent and temporary buildings or structures are approved through the design review process.
(G) The requirements specified in divisions (A) through (F) above, shall be indicated on a site plan for the property approved through the design review process; with such process having discretion in the location and arrangement of the various site components to minimize any negative impacts associated with the use of the property.
(Ord. passed 1-14-25)
§ 156.373 PARKING LOT OR STRUCTURE.
(A) Overnight parking of tractor trailers and/or truck cabs is prohibited.
(B) A parking lot or structure located in the PI-1 or PI-2 District shall be available for use by the general public for no charge or for a nominal fee, or shall serve an adjacent PI District use.
(C) A parking lot or structure located in the ED District shall serve an adjacent ED District use.
(D) Within the SCW-W, SCW-H, and SCW-N Districts, a maximum of 10% of surface parking areas shall be covered by impervious surfaces.
(E) Parking structures are prohibited in the SCW Districts.
(Ord. passed 1-14-25)
§ 156.374 PRE-SCHOOL, EDUCATIONAL NURSERY, OR DAY CARE.
Such facilities are subject to the design review process (see Subchapter I, Part 12) to ensure the site and any structures are designed and constructed in a manner that blends in with the character of the area.
(Ord. passed 1-14-25)
§ 156.375 PUMP STATION.
(A) Applicability.
(1) This section applies to all pump stations regardless of the parcel’s zoning or the existing land use on adjacent property.
(2) Existing pump stations proposed to be improved shall conform with the requirements in this section to the maximum degree possible based on site conditions. Those with existing buffers greater than required by this section shall maintain the established buffer to the greatest extent possible.
(B) Setbacks. Pump stations shall be set back at least seven feet from all property lines.
(C) Buffers.
(1) Pump stations shall have a seven-foot buffer with a minimum six-foot tall wood fence or wall of similar materials at the same height.
(2) Plantings in the buffer shall include one evergreen tree species per seven linear feet calculated from the exterior of the subject parcel. The evergreen trees shall be at least as tall as the height of the fence at the time of planting.
(3) This buffer is not required where an access gate to the pump station is located or within two and one-half feet of either side of any underground utility in the buffer. However, access gates must have a primary façade constructed of wood or comparable material. Underground utilities shall be located within the access gate to the greatest extent possible.
(D) Tree protection. Any protected, significant, or historic trees that will need to be removed for construction shall be mitigated pursuant to the requirements of the town's tree protection ordinances. Replacement trees are not required to be planted on the pump station property.
(E) Site plan review required. All pump station site designs require review and approval through the design review process (see Subchapter I, Part 12).
(Ord. passed 1-14-25)
§ 156.376 RURAL COMPOUND.
(A) On lots containing one acre or less, a maximum of three principal dwelling units is allowed, if all applicable lot area and setback requirements are met for all dwellings as if they were established on individual lots.
(B) On lots containing more than one acre, the maximum number of principal dwelling units allowed is limited by density and lot area and dimensional requirements, not to exceed a total of five dwelling units.
(C) Lots shall be arranged to ensure public street access in the event the property on which the dwellings are located is subsequently subdivided for sale or transfer. Such public street access may be direct, or may be provided through an access easement of sufficient width, design, and material so as to accommodate fire apparatus and other emergency and service vehicles.
(Ord. passed 1-14-25)
§ 156.377 SCHOOL, PRIMARY AND SCHOOL, SECONDARY.
(A) The appearance and form of improvements with respect to site and architectural design shall be consistent with the general theme of the area in which the use is located. This requirement will be based upon a site-specific analysis (site plan review) and may necessitate such reasonable additional requirements as may be judged prudent to achieve the desired results of acceptable coexistence with neighboring uses.
(B) Special considerations may be given to such site-specific design elements as may be required to accommodate operational or other unique characteristics of the individual uses, which may enhance or relax the minimum standards prescribed herein, with specific written justification for the same noted on the plans.
(C) All lights or lighting arrangements used shall be directed away from adjoining or nearby residential properties, and further meet the requirements in Subchapter H, Part 3, Subpart 3.4.
(Ord. passed 1-14-25)
§ 156.378 SELF-SERVICE STORAGE FACILITY.
(A) Neither commercial nor personal sale of any goods, product, or service shall be performed in individual units, though the facility ownership may sell or rent incidental items including moving and packing supplies or moving trucks. The facility ownership may also hold on-site auctions to sell the contents of a unit or units as a result of non-payment of fees.
(B) Any outdoor storage area shall be designated as such on the submitted site plan, and shall not be visible from any existing street or right-of-way. No outdoor storage is allowed in other areas.
(Ord. passed 1-14-25)
§ 156.379 SHOOTING RANGE, INDOOR.
(A) A total ambient noise level of no more than 67 decibels (dBA) is created at all external lot lines adjacent to residential zoning districts, or 72 decibels at all external lot lines adjacent to non-residential zoning districts.
(B) A total vibration level of no more than 65 velocity decibels (VdB) is created at any internal lot line.
(C) Glare is less than 50 foot lamberts or one-half of a foot candle on land within residential zoning districts, when measured at the lot line.
(D) Proof of all permits and approvals required by any state or federal governmental entity are secured in advance, including providing assurance that South Carolina state air pollution control regulations are met.
(E) Demonstration that the proposed use meets the above standards must be submitted by the property owner in conjunction with the zoning permit application.
(1) The Zoning Administrator may require the property owner to conduct periodic monitoring to ensure the standards are continuously met or may undertake such on its own.
(2) Equipment used for measurement must meet the standards of the American National Standards Institute.
(3) All costs associated with such measurements shall be the responsibility of the property owner.
(Ord. passed 1-14-25)
§ 156.380 SWEETGRASS BASKET STAND.
(A) Location. Sweetgrass basket stands:
(1) Are allowed on lots located between Venning Road and the town's northern corporate limits, as well as in historic settlement communities;
(2) Shall be located outside the right-of-way; and
(3) May be located within a roadside buffer.
(B) Use of stand. A sweetgrass basket stand may only be used as a place where sweetgrass baskets are made and/or sold.
(C) Maximum size. Sweetgrass basket stands are limited to 250 square feet in area (two-dimensional horizontal plane).
(D) Location. Sweetgrass basket stands must be located outside the right-of-way and required buffers, unless unique site conditions identified as part of site plan review demonstrate that encroachment into the buffer is warranted.
(E) Parking.
(1) All sweetgrass basket stands shall utilize safe ingress and egress. Access to the stand is approved in accordance with Subchapter H.
(2) Parking for sweetgrass basket stands shall be located in an area furthest from the roadway.
(3) When the sweetgrass basket stand is established as an accessory use:
(a) No additional parking is required for the stand; and
(b) Provision shall be made for sweetgrass vendors and their patrons to share access to the stand and parking with the lot upon which the sweetgrass basket stand is accessory.
(F) Design. The design of the stand shall be consistent with the photos shown in Figure 156.380-1: Sweetgrass Basket Stand Design.
(G) Signs.
(1) Signs for sweetgrass basket stands are limited to:
(a) One non-illuminated free-standing sign, not to exceed ten square feet in area and eight feet in height; or
(b) One non-illuminated sign attached to the structure, not to exceed ten square feet in area.
(2) Materials shall comply with the Subchapter G.
(3) Off-premises signs are prohibited.
(Ord. passed 1-14-25)
§ 156.381 TATTOO OR BODY PIERCING STUDIO.
(A) The proposed location of a tattoo or body piercing studio shall not be closer than 1,000 feet to a place of worship; school; day care; playground; public or private recreation facility; property zoned to allow residential uses; or property in any zoning district with existing residential uses.
(B) A copy of the DHEC operating permit must be provided to the town.
(C) Mobile units are prohibited.
(Ord. passed 1-14-25)
§ 156.382 TOWNHOUSE DWELLING.
(A) Townhouse dwellings may be constructed in the CL District only when the cluster development subdivision design technique is utilized.
(B) When located in the CL District, townhouse dwelling units may comprise no more than 20% of the total number of dwelling units allowed in the development.
(Ord. passed 1-14-25)
§ 156.383 WATERCRAFT OR MARINE EQUIPMENT SERVICE OR REPAIR.
(A) All service and repair operations shall be conducted within a fully enclosed building or buildings.
(B) Any outdoor storage shall meet the conditions of § 156.452.
(C) Outdoor storage of wrecked vehicles, dismantled parts, or supplies is prohibited.
(D) No obnoxious sound, vibration, fume, light, or electrical disturbance created as a result of such repair or service operation is perceptible beyond the premises.
(Ord. passed 1-14-25)
§ 156.384 WHOLESALE SALES.
In the AB-1 District, such use may only be conducted in conjunction with a permitted retail sales use.
(Ord. passed 1-14-25)
§ 156.420 APPLICABILITY.
(A) This part applies to any subordinate use of a building or other structure, or use of land that is:
(1) Conducted on the same lot as the principal use to which it is related; and
(2) Clearly incidental to, and customarily found in connection with, the principal use or structure.
(B) Where a principal use or structure is allowed by § 156.338, such use includes customary accessory uses and structures subject to this part.
(C) Major accessory uses and structures in a PD District must be expressly allowed by the PD District rezoning ordinance.
(Ord. passed 1-14-25)
§ 156.421 COMPLIANCE WITH OTHER REGULATIONS.
(A) All accessory uses and structures must comply with the provisions of this part, as well as any other applicable town codes and ordinances and state and federal statutes and regulations.
(1) The applicant for a new accessory use or structure shall obtain a building permit, if required by the Building Code.
(2) Accessory uses and structures located in zoning districts subject to the design review process must receive design review approval prior to construction.
(B) As specified in § 156.1100, when a proposed accessory use or structure requires approval by another local, state, or federal agency, the applicant must provide proof of such approval (or pending approval) in conjunction with the zoning permit application.
(Ord. passed 1-14-25)
§ 156.422 ESTABLISHMENT OF ACCESSORY USES AND STRUCTURES.
(A) Permitted accessory uses and structures. Accessory uses and structures that are subordinate and incidental to and customarily associated with the principal use or structure and that are located on the same lot with the principal use are generally allowed, subject to the limitations of this chapter.
(B) Conditional accessory uses and structures. Certain accessory uses and structures are subject to additional use-specific conditions, which are specified in Subchapter C, Part 4, Subpart 4.3.
(C) Use must be accessory and located on same lot as principal use.
(1) Accessory structures and uses, except for docks, shall not be constructed or established without an associated principal structure or use. An accessory structure or use may only be located on the same lot as the principal structure or use that it serves.
(2) An accessory building or use established on a vacant lot is considered the principal use of the lot and may only be established if allowed by § 156.338.
(3) An accessory structure may be constructed at the same time as the principal structure. However, a certificate of occupancy for the accessory structure shall not be issued prior to the certificate of occupancy for the associated principal structure.
(Ord. passed 1-14-25)
§ 156.423 MAJOR AND MINOR ACCESSORY STRUCTURES DEFINED.
(A) Generally. For the purposes of this part, accessory uses and structures are categorized as major or minor depending on their characteristics.
(B) Major accessory uses and structures.
(1) Major accessory uses and structures are substantial uses and structures that are generally obvious from outside the parcel and vary by district.
(2) Examples of major residential accessory buildings include detached garages and carports, storage sheds, workshops, utility buildings, gazebos, stables, and private kennels.
(3) Examples of major residential accessory uses and structures include tennis courts; swimming pools; patios; barns and stables; parking or overnight storage of recreational vehicles including but not limited to watercraft, tow-behind trailers, and campers; satellite dishes; and antennas (ham radio, CB, TV).
(4) Examples of major commercial and industrial accessory buildings include detached garages, storage buildings, and utility buildings.
(5) Examples of major commercial and industrial accessory uses and structures include garbage dumpster surrounds and pads, loading docks, and storage tanks.
(C) Minor accessory uses and structures.
(1) Minor accessory uses and structures include uses and structures that are not unique to a particular land use.
(2) Examples include mailboxes; flagpoles; fences; landscape features; fruit, vegetable, and ornamental gardens; driveways; parking areas; swing sets, play houses, and play equipment, including basketball goals; and retaining walls less than four feet in height.
(Ord. passed 1-14-25)
§ 156.424 SETBACKS, HEIGHT, AND SIZE OF ACCESSORY USES AND STRUCTURES.
(A) Setbacks and height for accessory uses and structures.
(1) Table 156.424-1: Setbacks and Height for Accessory Uses and Structures specifies the minimum distance an accessory structure or use must be located from the lot line.
(2) Accessory structures and uses may be attached to or detached from the principal structure. Accessory structures connected to the principal structure by conditioned space or that share a common wall, roof, or foundation with the principal structure or that are otherwise connected to the principal structure (such as a deck) are considered part of the principal structure and must meet the setback requirements of the zoning district.
Key: min. = minimum required | max. = maximum allowed | ft = feet | |||||
Setbacks (min.) | |||||
Accessory Use or Structure | Front | Side (Internal) | Side (Corner Lot) | Rear | Height (max.) |
Major residential accessory uses and structures | Same as zoning district (see Subchapter B): Zoning Districts) | 6 ft. | Same as front | 6 ft. | 25 ft. |
Major commercial and industrial accessory uses and structures | Same as zoning district (see Subchapter B: Zoning Districts) | ||||
Minor accessory uses and structures | 0 ft. | 0 ft. | 0 ft. | 0 ft. | 15 ft. |
Retaining walls greater than four feet in height | Same as zoning district (see Subchapter B: Zoning Districts), except where a critical area buffer applies (see § 156.623: Prohibited Elements in a Critical Area Buffer) | ||||
(B) Size of accessory buildings. Table 156.424-2: Maximum Footprint of Accessory Buildings specifies the maximum allowable footprint for accessory buildings. This table does not apply to accessory structures that do not meet the definition of building (see Subchapter N: Definitions and Acronyms).
Key: min. = minimum required | max. = maximum allowed | sf = square feet | N/A = not applicable | ||||
Building Footprint (max.)
| ||||
Accessory Building Type | RC-1, RC-2, RR Districts | CC, R-1, R-2 Districts | R-3, R-4, TH, RM Districts | All Other Districts (except PD)1 |
Major residential accessory buildings | No maximum, if maximum building coverage is not exceeded | 850 sf | 600 sf | 850 sf |
Major commercial and industrial accessory buildings | No maximum, if maximum building coverage is not exceeded1 | |||
1 In a PD District, if not specified in the PD ordinance, the maximum accessory building footprint is the same as specified in this table for the zoning district with lot sizes most comparable to those in the PD District. 2 If the zoning district specifies a maximum building footprint, that limit applies to both principal and accessory structures and takes precedence over the standard in this table. | ||||
(Ord. passed 1-14-25; Am. Ord. 25051, passed 2-10-26)
§ 156.435 INTRODUCTION.
Accessory uses and structures are allowed in the locations specified in § 156.436, if the use complies with all applicable use conditions in Subchapter C, Part 4, Subpart 4.3 and other provisions of this part.
(Ord. passed 1-14-25)
§ 156.436 ACCESSORY USE TABLE.
Table 156.436-1: Accessory Use Table | |||
Accessory Use or Structure | Accessory Use Conditions | Zoning Permit Required | Allowed Districts/ Locations and/or Associated Principal Use |
Table 156.436-1: Accessory Use Table | |||
Accessory Use or Structure | Accessory Use Conditions | Zoning Permit Required | Allowed Districts/ Locations and/or Associated Principal Use |
Major accessory uses and structures (as defined in § 156.423), unless otherwise listed | None | Yes | All districts |
Minor accessory uses and structures (as defined in § 156.423), unless otherwise listed | None | No | All districts |
Accessory dwelling unit | § 156.445 | Yes | Detached house dwelling |
Accessory manufacturing or repair facility | § 156.446 | Yes | Retail, commercial or industrial facilities |
Apiculture | § 156.353 | Yes | All districts |
Canteen | None | No | RM, OP-1, OP-2, AB-1, AB-2, ED, LI, WG-C |
Clothing and home goods donation bin | § 156.447 | Yes | OP-2, AB-1, AB-2, WG-C, PI-1, PI-2, school, place of worship, library, other civic uses |
Community garden | None | No | All districts |
Driveways | None | Yes | All districts |
Fences | § 156.448 | Yes1 | All districts |
Gasoline or fuel oil pump and storage tank | § 156.447 | Yes | Retail, commercial or industrial facility |
Home-based business—home office | § 156.450 | No | Dwelling |
Home-based business—limited home-based business | § 156.450 | Yes | Dwelling |
Home-based business—home day care | § 156.450 | Yes | Dwelling |
Outdoor retail display | § 156.451 | Yes | NC-2, OP-2, AB-1, AB-2, LI, WG-C |
Outdoor storage | § 156.452 | Yes | AB-2, ED, LI |
Outdoor storage, water-related | § 156.452 | Yes | AB-2, ED, LI, SCW-W, SCW-H, SCW-N |
Private kennel for not more than three dogs | None | Yes | Dwelling |
Recreational vehicle park with spaces/hook-ups for a maximum of 12 vehicles | None | Yes | Campground |
Retaining wall (greater than 4 feet in height) | None | Yes | All districts |
Accessory Use or Structure | Accessory Use Conditions | Zoning Permit Required | Allowed Districts/Locations and/or Associated Principal Use |
Seafood processing, indoor | None | No | SCW-H, SCW-N |
Shipping container | § 156.453 | Yes | AB-2, LI |
Short-term rental | Part 6 | Yes | Dwelling |
Stable | None | Yes | RC-1, RC-2, RR, R-1 |
Structures designed and used for purpose of shelter in the event of humanmade or natural catastrophe | None | Yes | Dwelling |
Sweetgrass basket stand | § 156.380 | Yes | Lots located between Venning Road and the town's northern corporate limits; lots located in historic settlement communities; SCW-W, SCW-H, SCW-N |
1 A zoning permit is not required for a fence that is seven feet in height or less, unless it is constructed of brick, stone, or concrete; or is located on a corner lot along one or more lot lines adjacent to a street right-of-way. | |||
(Ord. passed 1-14-25)
§ 156.445 ACCESSORY DWELLING UNIT.
(A) Purpose. This section is intended to encourage accessory dwelling units (ADUs) as an alternative housing choice.
(B) Maximum number of accessory dwelling units per lot. A maximum of one ADU per lot is allowed, subject to building coverage requirements.
(C) Maximum size.
(1) Detached ADUs are subject to the maximum building footprint specified in Table 156.424-2: Maximum Footprint of Accessory Buildings.
(2) Attached ADUs and ADUs located within a principal structure are limited to a maximum of 850 square feet in gross floor area.
(D) Parking.
(1) One private, off-street parking space is required for use by occupants of each accessory dwelling unit, in addition to any and all spaces required for the principal structure.
(2) The location of this dedicated off-street parking space must be clearly indicated on the site plan.
(3) Tandem parking is not permitted unless the tandem spaces serve only the accessory dwelling unit.
(E) Recorded covenant required. The following conditions shall be memorialized in a recorded covenant to run with the property:
(1) Either the principal structure or the accessory dwelling unit must be owner-occupied and serve as the owner's primary residence;
(2) Occupancy of the accessory dwelling unit shall be limited to no more than three persons; and
(3) Under no circumstances shall the property be converted to a horizontal ownership regime.
(F) Zoning permit submittal requirements. In addition to the requirements in Subchapter I, Part 7, a zoning permit application for an ADU shall include a scaled site plan that shows all information listed on the Accessory Dwelling Unit Site Plan Checklist provided by the Department of Planning, Land Use, and Neighborhoods, as may be amended from time to time.
(Ord. passed 1-14-25)
§ 156.446 ACCESSORY MANUFACTURING OR REPAIR FACILITY.
Dust, odor, smoke, noise, vibration, heat, or glare produced as a result of such manufacturing or repair operation shall not be perceptible from any boundary line of the lot on which the principal and accessory uses are located.
(Ord. passed 1-14-25)
§ 156.447 CLOTHING AND HOME GOODS DONATION BIN.
(A) Donation boxes shall not be located within a buffer, tree island, landscaped area, ADA accessible route, required parking space, or right-of-way.
(B) The owner or operator shall regularly empty donation boxes to prevent overflow, and ensure they are maintained in good condition.
(C) In districts subject to the design review process, the location and appearance of clothing and home goods donation bins are subject to approval by the Design Review Board.
(Ord. passed 1-14-25)
§ 156.448 FENCES.
(A) The finished side of the fence must face outward, toward adjacent lots or the street, as applicable.
(B) On corner lots, a fence located along one or more lot lines adjacent to a street right-of-way shall not interfere with required intersection sight distance, as specified in § 155.048(A)(12).
(Ord. passed 1-14-25)
§ 156.449 GASOLINE OR FUEL OIL PUMP AND STORAGE TANK.
(A) A maximum of 500 gallons of gasoline may be stored above ground.
(B) Storage of more than 40,000 gallons of petroleum products on a site is prohibited.
(Ord. passed 1-14-25)
§ 156.450 HOME-BASED BUSINESS.
(A) Applicability. This section establishes and applies to three types of home-based businesses:
(1) Home offices;
(2) Limited home-based businesses;
(3) Home-based day cares; and
(4) Outdoor instructional swimming lessons.
(B) Exemptions. Product sales associated with private social events (e.g., direct sales home parties) and yard sales are exempt from this section, but are subject to Subchapter C, Part 5.
(C) General conditions. The following conditions apply to all four types of home-based businesses:
(1) No merchandise or articles are displayed for advertising purposes, nor are displayed in such a way as to be visible from outside the dwelling, nor are stored other than inside a building;
(2) There is no alteration of the residential character of the building or premises;
(3) Any regular deliveries to the home-based business are provided by carriers that typically deliver to residential dwellings, such as Federal Express, UPS, or DHL; and
(4) The occupation, profession, or trade is licensed by the town and any other applicable regulatory agency.
(D) Home office. A home office is a type of home-based business with no employees working on the premises other than the resident(s) of the dwelling unit and no customers or clients that visit the site. A home office is permitted in all zoning districts where residential dwellings are allowed.
(E) Limited home-based business.
(1) A limited home-based business is a type of home-based business with no employees working on the premises other than the resident(s) of the dwelling unit, and that may have occasional customers or clients.
(2) A limited home-based business is allowed in all zoning districts where residential dwellings are permitted, except the MF, Multi-Family Residential District, if the following conditions are met:
(a) No traffic is generated by the limited home-based business in greater volumes than would normally be expected in a residential district;
(b) Any need for parking generated by the conduct of the limited home-based business is met off the street; and
(c) A maximum of 30% of the floor area of the principal building is used for the conduct of the limited home-based business; however, up to 100% of the floor area of an accessory building may be used for the conduct of the limited home-based business, if no part of the principal building is used for the conduct of the limited home-based business. Outdoor areas may be used if essential to the conduct of the limited home-based business (e.g., for horseback riding instruction, swimming lessons, or sports instruction).
(F) Home-based day care.
(1) A home-based day care is a type of home-based business where children or adults are provided care, protection, and supervision on a regular basis for less than 24 hours per day. While the use occurs primarily within the principal building or an accessory building, an outdoor area may be provided.
(2) Home-based day cares are allowed in the RC-1, RC-2, RR, CC, R-1, and R-2 zoning districts, if the following conditions are met:
(a) Not more than one employee, other than the resident(s) of the dwelling unit, works on the premises;
(b) Any need for parking generated by the conduct of such home-based day care is met off the street;
(c) Not more than six children and/or adults are cared for at any given time, including those children and/or adults residing in the home and those children and/or adults related to either the resident(s) of the dwelling unit or the non-resident employee;
(d) Not more than 30% of the floor area of the principal building is used for the conduct of the home-based day care; however, up to 100% of the floor area of an accessory building may be used for the conduct of the home-based day care, if no part of the principal building is used for the conduct of the home-based day care; and
(e) The home-base day care is licensed by the appropriate state agency.
(3) Home-based day cares located in an R-1 or R-2 zoning district require special exception use approval by the Board of Zoning Appeals. The conditions specified both in this section and in Subchapter I, Part 9 apply.
(G) Outdoor instructional swimming lessons.
(1) Swimming instructions are limited to two students at a time;
(2) Any need for parking generated by the conduct of such activity shall be met off the street;
(3) Parcels located on corner lots shall locate all swimming instructional activity to the rear of the principal structure; and
(4) Any property that has an approved short term rental (STR) permit shall not have this type of home-based business.
(Ord. passed 1-14-25)
§ 156.451 OUTDOOR RETAIL DISPLAYS.
(A) Location. Outdoor retail displays shall not be located within an ADA accessible route, landscaped area, right-of-way, or required parking space.
(B) Calculation of parking. The square footage of the outdoor retail display area shall count towards the total building square footage in the calculation of the required number of off-street parking spaces, if the outdoor retail display area is not located under the building roof or awning.
(C) Design review required.
(1) Outdoor retail display areas are subject to the design review process.
(2) An outdoor retail display area shall be designated as such on the site plan. No outdoor retail display is allowed in other areas.
(Ord. passed 1-14-25)
§ 156.452 OUTDOOR STORAGE.
(A) The outdoor storage area shall be designated as such on the submitted site plan. No outdoor storage is allowed in other areas.
(B) Elevated display of vehicles or equipment is prohibited.
(C) Any outdoor storage of wrecked vehicles, dismantled parts, supplies, or similar materials shall be screened with an opaque fence or wall.
(D) No outdoor loudspeakers shall be installed or utilized if the property is within 300 feet of residentially zoned property.
(E) Except in the LI, Light Industrial District, storage or display of heavy equipment or machinery such as, but not limited to, tandem-axle dump trucks, backhoes, tractors, cranes, and the like, is prohibited.
(Ord. passed 1-14-25)
§ 156.453 SHIPPING CONTAINER.
(A) Setbacks and buffers required. Accessory shipping containers shall not encroach into a required setback or buffer.
(B) Maximum number of containers allowed. The number of containers allowed on a site is determined by acreage and intensity of development (number of businesses) as follows:
(1) Properties of zero through three acres are limited to one container, regardless of the number of businesses located on the property or within the development;
(2) Properties greater than three acres to nine acres are limited to one container per business; however, the total number of containers on the property shall not exceed three, regardless of the number of businesses;
(3) Properties greater than nine acres are limited to one container per business; however, the total number of containers on the property shall not exceed six, regardless of the number of businesses;
(4) If a unified development project has been subdivided into separate tracts, the requirements listed above shall apply to the development as a whole and not per tract within the development.
(C) Location.
(1) Containers shall not displace required parking.
(2) The container must be located on the site where it can be adequately screened from view from any public right-of-way or other properties and, in all cases, shall be located to the rear of any building, unless prohibited by site constraints.
(D) Screening.
(1) The goal of screening is to limit the visibility of the container from the public right-of-way and other properties.
(2) Staff approval of appropriate screening is required through the zoning permit process.
(3) Site plans with landscaping and fencing detail must be submitted for approval.
(4) Appropriate screening will depend upon the location of the container on the site and requirements may vary.
(5) Screening will largely be achieved through heavy landscaping; however, in some instances, lattice fences with landscaping, masonry fences, or walls may also be required.
(6) Painting of containers may also be required.
(Ord. passed 1-14-25)
§ 156.470 PURPOSE.
Temporary uses and structures are allowed in accordance with the provisions of this part, which are intended to minimize or mitigate potential negative impacts of such uses and structures on the surrounding area and to provide safe and convenient access to permitted temporary uses and structures.
(Ord. passed 1-14-25)
§ 156.471 APPLICABILITY.
This part applies to temporary uses in all districts, except PD Districts. Temporary uses and structures in a PD District must be expressly allowed by the PD District rezoning ordinance.
(Ord. passed 1-14-25)
§ 156.472 EXEMPTIONS.
(A) The following uses are exempt from the requirements of this part:
(1) Lawful picketing and demonstrations; and
(2) Weddings, receptions, parties, and similar private, non-commercial events held on private property.
(B) Special events are exempt from the requirements of this part, but are subject to the provisions of Chapter 116 and Chapter 97. However, notwithstanding the provisions of Chapter 116, there is no limit on the number of cultural festivals and events that occur on a particular property in the CL, SCW, or WG-C Districts within a calendar year because the purpose of the districts in which this use may be allowed is to serve as destinations for events, culture, arts, and tourist activity.
(Ord. passed 1-14-25)
§ 156.473 SITE PLAN REQUIRED.
(A) All temporary uses. In addition to the requirements of Subchapter I, Part 7, zoning permit applications for temporary uses shall be accompanied by a site plan depicting, at a minimum, the following items as applicable:
(1) Site location, boundaries, and relevant site features;
(2) Location of the temporary use and associated temporary structures;
(3) Location of permanent structures on the lot;
(4) Location and number of parking spaces;
(5) Location of vehicular access(es) to the site;
(6) Type, size, and location of all temporary signs associated with the temporary use;
(7) Location and description of all temporary lighting;
(8) Location of restroom facilities; and
(9) Method of solid waste disposal.
(B) Interim and part-time uses.
(1) The zoning permit for an interim or part-time use is valid for a one-year period divided into 90-day intervals, where the permit may be automatically renewed for each interval unless revoked in accordance with § 156.1579.
(2) In addition to the requirements specified in division (A) above, zoning permit applications for interim and part-time uses shall specify:
(a) The initial duration of the use and any provision for extension or renewal; and
(b) Any special conditions or limitations pertaining to the use including, but not limited to:
1. Access and the need for its control;
2. Signs;
3. Hours of operation;
4. The provision of sanitary facilities;
5. Food and beverage service;
6. Proximity to residential uses;
7. Sound or noise control; and
8. Light, glare, odor, or other components that may have an effect on adjoining properties.
(C) Temporary uses with minimal impact. For temporary uses where the applicant anticipates minimal or no resulting impact on surrounding properties, the Zoning Administrator may waive any or all of the site plan submittal requirements. In making this determination, the Zoning Administrator shall consider the factors listed below and shall provide a written notice of decision identifying the basis of the decision:
(1) Nature of the proposed temporary use;
(2) Location of the proposed site;
(3) Use of surrounding properties;
(4) Capacity of the transportation network to adequately serve the proposed temporary use; and
(5) Public safety.
(Ord. passed 1-14-25)
§ 156.474 COMPLIANCE WITH OTHER REGULATIONS.
(A) All temporary uses and structures must comply with the provisions of this part, as well as any other applicable town codes and ordinances and state and federal statutes and regulations. The applicant for a temporary use or structure shall obtain a building permit, if required by the Building Code.
(B) As specified in § 156.1100, when a proposed temporary use or structure requires approval by another local, state, or federal agency, the applicant must provide proof of such approval (or pending approval) in conjunction with the zoning permit application.
(Ord. passed 1-14-25)
§ 156.475 PROPERTY OWNER CONSENT REQUIRED.
(A) The applicant proposing a temporary use shall obtain permission from the property owner or their authorized representative to operate at the proposed location.
(B) For temporary uses that require a zoning permit, the applicant shall provide with the zoning permit application written permission from the property owner to operate at the proposed location.
(Ord. passed 1-14-25)
§ 156.476 DEVELOPMENT STANDARDS.
(A) Parking.
(1) For all temporary uses and structures that require a zoning permit, the Zoning Administrator shall determine the appropriate number of required parking spaces based on the operational characteristics of the proposed temporary use or structure and any parking generation data for the proposed use from the applicant.
(2) Parking may be located on the same site as the temporary use or structure, or may be located off-site if:
(a) The off-site parking area provides safe pedestrian access to the site on which the temporary use or structure is located; and
(b) The property owner provides written permission.
(B) Outdoor lighting. Outdoor lighting associated with a temporary use or structure shall be shielded or directed away from adjoining properties and streets in order to minimize light trespass and glare.
(C) Signs. Signs associated with a temporary use or structure are subject to the provisions of Subchapter G as applicable.
(D) Temporary structures. Temporary structures shall:
(1) Meet all applicable principal structure setback requirements for the zoning district in which the temporary structure is located;
(2) Not be located within a required bufferyard; and
(3) Meet all applicable Building and Fire Code requirements.
(Ord. passed 1-14-25)
§ 156.485 INTRODUCTION.
Temporary uses and structures are allowed for the length of time and in the locations specified in § 156.487, if the use complies with all applicable use conditions in Subchapter C, Part 5, Subpart 5.3 and other provisions of this part.
(Ord. passed 1-14-25)
§ 156.486 CLASSIFICATION OF NEW AND UNLISTED TEMPORARY USES.
(A) The Zoning Administrator may determine that an unlisted temporary use is allowed as a permitted use or conditional use, if sufficiently similar in nature and impact to a permitted or conditional temporary use listed in § 156.487.
(B) The Zoning Administrator shall use the following criteria to make this determination:
(1) Whether the temporary use or structure:
(a) Meets the purpose and intent of the zoning district in which it is proposed to be located;
(b) Is allowed as a principal use in the zoning district in which it is proposed to be located;
(c) Is prohibited by other town codes or ordinances;
(d) Is compatible with other uses allowed in the zoning district in which it is proposed to be located;
(2) Whether similar temporary uses or structures are allowed in the same zoning district; and
(3) Whether similar temporary uses or structures have use conditions that should be applied to the proposed use.
(Ord. passed 1-14-25)
§ 156.487 TEMPORARY USE TABLE.
Table 156.487-1: Temporary Use Table | ||||
Temporary Use or Structure | Temporary Use Conditions | Zoning Permit Required | Maximum Duration of Use (per site, per year) | Allowed Districts |
Table 156.487-1: Temporary Use Table | ||||
Temporary Use or Structure | Temporary Use Conditions | Zoning Permit Required | Maximum Duration of Use (per site, per year) | Allowed Districts |
Commercial-type dumpster | § 156.495 | No | 60 days or the duration of construction under a valid building permit Must be removed within 14 days of issuance of a final certificate of occupancy | All districts |
Construction-relate d office or storage unit | None | Yes, if the use is not located on the same site as the associated construction | No maximum, if the associated construction has an active building permit Must be removed within 30 days of issuance of a final certificate of occupancy | All districts, if the use is located on or adjacent to the associated construction site AB-1, AB-2, LI, if the use is not located on or adjacent to the associated construction site |
Farmers’ market | § 156.496 | No | Up to 2 days per week | RC-1, RC-2, CC, OP-1, OP-2, NC-1, NC-2, AB-1, AB-2, ED, PI-1, PI-2, CL, SCW-W, SCW-H, SCW-N, WG-C, commercial districts within PD Districts |
Interim and part-time uses and structures | § 156.497 | Yes | No maximum, unless specified by an approved zoning permit | All districts |
Laydown area | None | Yes, if the use is not located on the same site as the associated construction | No maximum, if the associated construction is active Must be removed within 30 days of issuance of a final certificate of occupancy or completion of the utility or road project | All districts, if the use is located on or adjacent to the associated construction site AB-1, AB-2, LI, if the use is not located on or adjacent to the associated construction site |
Mobile food vending units and mobile food pushcarts | § 156.498 | Yes | No maximum, but mobile vending units shall not remain on-site overnight | NC-2, AB-1, AB-2, ED, SCW-W, SCW-H, SCW-N, WG-C, commercial districts within PD Districts |
Mobile retail vending units | § 156.498 | Yes | No maximum, but mobile vending units shall not remain on-site overnight | NC-2, AB-1, AB-2, SCW-H, SCW-N, WG-C, commercial districts within PD Districts |
Model home | None | Yes | No maximum Must be converted to a permanent use once 100% of dwelling units in the development have initially sold | All districts that allow dwelling units |
Parking areas | § 156.476(A) | No | Same as associated temporary use | All districts, if the parking area serves an allowed temporary use |
Portable office unit (other than a construction-relate d or real estate sales office) | None | Yes | 1 year, with annual renewals upon a showing of good cause | PI-1, PI-2, OP-2, AB-1, AB-2, ED, LI |
Portable storage unit | § 156.499 | No | 60 days or the duration of construction under a valid building permit | All districts |
Product sales associated with a private social event (e.g., direct sales home party) | None | No | 4 days per sale; up to 4 sales per calendar year | All districts, if the lot contains an occupied dwelling unit |
Real estate sales office | None | Yes | 1 year, with annual renewals upon a showing of good cause | All districts, if the sales office is located in the same development as the units offered for sale |
Seasonal sales—fireworks | None | Yes | 30 cumulative days per calendar year | NC-2, OP-2, AB-1, AB-2, LI, commercial districts within PD Districts |
Seasonal sales—local artisan market | None | Yes | 45 cumulative days per calendar year | NC-2, OP-2, AB-1, AB-2, LI, commercial districts within PD Districts |
Seasonal sales—pumpkins or trees | None | Yes | 45 cumulative days per calendar year | NC-2, OP-2, AB-1, AB-2, LI, PI-1, PI-2, commercial districts within PD Districts |
Temporary Use or Structure | Temporary Use Conditions | Zoning Permit Required | Maximum Duration of Use (per site, per year) | Allowed Districts |
Yard sale | None | No | 4 days per sale; up to 4 sales per calendar year | All districts, if the lot contains an occupied dwelling unit |
(Ord. passed 1-14-25)
§ 156.495 COMMERCIAL-TYPE DUMPSTER.
All commercial-type dumpsters shall be located outside a public right-of-way.
(Ord. passed 1-14-25)
§ 156.496 FARMERS’ MARKET.
(A) Market manager required. All temporary farmers’ markets shall have a market manager authorized to direct the operations of all vendors participating in the market on the site of the market during all hours of operation.
(B) Parking. All temporary farmers’ markets shall provide at least three off-street parking spaces for each vendor stall.
(C) Trash and recycling receptacles. A temporary farmers’ market shall:
(1) Provide trash and recycling receptacles for patron use; and
(2) Remove all trash and recycling from the site each day.
(Ord. passed 1-14-25)
§ 156.497 INTERIM AND PART-TIME USES AND STRUCTURES.
(A) Purpose.
(1) The purpose of providing for uses that operate on an interim or part-time basis is two-fold:
(a) The first is to allow the utilization of property intended for the highest and best use of the property in stages without full compliance with all development regulations for a limited amount of time under strict permit requirements. This could involve such development standards as paved parking and required landscaping or bufferyard plantings.
(b) The second is to allow the utilization of property for such uses that do not represent the highest and best use of a property, but provide an opportunity to utilize the same as a revenue source or interim use for either an existing principal use or vacant land.
(2) Examples of such uses are a drive-in movie theater utilizing an inflatable screen located in an existing parking lot or vacant lot, utilization of a vacant lot or parking lot for outdoor dining or other uses that would normally not be allowed, or tents or other structures or spaces for classrooms, offices, religious services, and the like.
(B) Findings.
(1) This part and Chapter 116 allow for temporary uses and special events for certain uses of limited occurrences and duration;
(2) Even under normal circumstances there exists an additional need for the allowance of such activities and uses as described in this part that are not provided in the current temporary use or special event regulations; and
(3) Under a public health emergency or other event that disrupts normal operations, many of the highest and best uses of properties are no longer allowed or feasible, such as indoor dining or open-lot retail and similar uses.
(C) Types of interim and part-time uses.
(1) Any principal, accessory, or other temporary use allowed in a particular zoning district may be allowed as an interim or part-time use.
(2) An unlisted use may be allowed as an interim or part-time use in accordance with the provisions in § 156.486.
(D) Parking lots. When a parking lot is established as an interim use, the applicant shall provide perimeter and right-of-way screening in accordance with Subchapter D, Part 2.
(Ord. passed 1-14-25)
§ 156.498 MOBILE VENDING.
(A) Applicability. This section applies to mobile food vending units, mobile food pushcarts, and mobile retail vending units.
(B) Zoning permit must be displayed. As specified in § 156.473, all mobile vending uses require issuance of a zoning permit prior to setting up or selling merchandise. Permit certificates shall be attached to the mobile vending unit where they are readily visible, and shall include the current name, mailing address, and valid phone number of the mobile vending unit owner.
(C) Business license required. All mobile vendors must obtain from the town an appropriate, current business license.
(D) Allowed merchandise.
(1) Mobile food vending units and mobile food pushcarts. Allowed merchandise is limited to edibles, hot and cold beverages containing no alcohol, and items related to such merchandise.
(2) Mobile retail vending units. Allowed merchandise is limited to non-perishable, non-food retail goods.
(E) Maximum number of mobile vendors per lot. No more than one mobile vendor is allowed on any given lot at the same time without first obtaining a special events permit, except that there is no limit on the number of pushcart vendors occupying a particular lot, nor is there a limit on the number of pushcart vendors or vendors with small, tow-behind carts occupying a shopping center.
(F) Parking.
(1) Required parking for the primary business(es) on the lot shall be minimally affected.
(2) Parking for the mobile vending unit shall not interfere with any public roads or ingress or egress thereto.
(G) Signs. Temporary signs associated with a mobile vending unit are allowed subject to Subchapter G.
(H) Garbage and recycling. Garbage and recycling receptacles must be made available for patron use and removed from the site daily by the mobile vendor.
(I) Compliance with state regulations.
(1) Mobile food vendors shall meet all applicable South Carolina Department of Agriculture (SCDA) regulations for mobile food units and possess a valid SCDA permit where applicable.
(2) Any mobile food vendor or mobile food vending unit that has been issued a notice of health violation by any department of the State of South Carolina that remains uncorrected upon a subsequent inspection shall have its mobile food vendor permit revoked.
(J) Prohibitions. A mobile vendor shall not:
(1) Leave any mobile vending unit unattended;
(2) Conduct sales on any public road, street, highway, or right-of-way, except that pushcart vendors may operate on a sidewalk located in a right-of-way if the sidewalk is at least eight feet in width;
(3) Store, park, or leave any mobile vending unit overnight on any street or sidewalk;
(4) Leave from any location without first picking up, removing, and disposing of all trash or refuse remaining from sales made by the vendor;
(5) Solicit or conduct business with persons in motor vehicles;
(6) Sell anything other than that for which a license to vend has been issued;
(7) Sound or permit the sounding of any device that produces a loud and raucous noise, or use or operate any loudspeaker, public address system, radio, sound amplifier, or similar device to attract the attention of the public;
(8) Allow any item relating to the operation of the vending business to lean against or hang from any building or other structure lawfully placed on public property;
(9) Engage in open-lot or outdoor display of products or merchandise;
(10) Change vending locations without first notifying the Department of Planning, Land Use, and Neighborhoods and submitting the required application and site plan; or
(11) Discharge fat, oil, grease, or wastewater into the sanitary sewer system. All waste shall be properly stored and disposed of at a properly designated disposal location.
(K) Exemptions. Catered events and special events with a special event permit are exempt from the requirements of this part.
(Ord. passed 1-14-25)
§ 156.499 PORTABLE STORAGE UNIT.
(A) Maximum number and unit size. There shall be no more than one portable storage unit per site no larger than eight feet wide, 16 feet long, and eight feet high.
(B) Maximum duration. A portable storage unit may remain on a site for the duration of construction under a valid building permit, but not more than 60 days in any calendar year without the same.
(C) Location in residential districts. In residential districts, portable storage units shall only be placed in a driveway, unless the rear of the site is readily accessible. If the Zoning Administrator determines there is no driveway available for placement of a portable storage unit and the rear of the site is not readily accessible, then the portable storage unit may be placed in a front yard, as long as the location does not obstruct the free, convenient, and normal use of any easement dedicated for use by the public rights-of-way.
(D) Displacement of required parking. Portable storage units shall not displace required parking spaces in either commercial or residential districts.
(E) Emergency conditions. Notwithstanding the time limitations set forth herein, upon the issuance of a hurricane watch by a recognized government agency, all portable storage units shall be immediately removed or secured to withstand winds in excess of 100 miles per hour.. The removal or securing of a portable storage unit during a hurricane watch is the responsibility of the owner/operator of the portable storage unit.
(F) Maintenance.
(1) The owner or operator of any site on which a portable storage unit is placed shall be responsible to ensure that the portable storage unit is in good condition, free from evidence of deterioration, weathering, discolorations, rust, ripping, tearing, or other holes or breaks.
(2) When not in use, the portable storage unit shall be kept locked.
(3) The owner or operator of any site on which a portable storage unit is placed shall also be responsible that no hazardous substances shall be stored or kept within the portable storage unit.
(Ord. passed 1-14-25)
§ 156.535 PURPOSE AND INTENT.
(A) The purpose of this subpart is to establish procedures and standards, consistent with all applicable federal and state, laws, for the consideration, permitting, siting, construction, installation, collocation, modification, operation, regulation, and removal of small wireless facilities (“SWF”) in the right-of-way of streets and roads.
(B) The intent of this subpart is to:
(1) Establish basic criteria for applications to install and/or collocate SWF in the right-of-way and authorize the Department of Planning, Land Use, and Neighborhoods to develop, publish, and, from time to time, amend application forms and other associated materials to provide clear guidance to applicants and staff;
(2) Ensure that SWF are appropriately designed, constructed, modified, maintained, and removed when no longer in use in conformance with all applicable health and safety regulations;
(3) Preserve the character of the Town of Mount Pleasant by minimizing the potentially adverse visual impact of SWF through careful design, siting, landscaping, and camouflaging techniques to blend these facilities into their environment to the maximum extent practicable;
(4) Establish an application process and structure for payment of fees and charges to be uniformly applied to all applicants, operators, and owners of SWF for such facilities;
(5) Comply with, and not conflict with or preempt, all applicable state and federal laws including ,without limitation, Section 101(a) and Section 704 of the Telecommunications Act, Pub. L. 104-104,101 Stats. 56, 70 (Feb. 8, 1996) (codified as 47 U.S.C. §§ 253(a), 332(c)(7)), as may be amended or superseded, and Section 6409(a) of the Middle Class Tax Relief and Job Creation Act, Pub. L. 112-96, 126 Stat. 156 (Feb. 22,2012) (codified as 47 U.S.C. § 1455(a)), as may be amended or superseded, and all FCC rules and regulations to interpret and implement applicable federal statutes.
(Ord. passed 1-14-25)
§ 156.536 APPLICABILITY.
(A) Subject to the South Carolina State Code and approval of an application under this subpart, an operator may locate and/or collocate a SWF and construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under the town right-of-way.
(B) An operator shall comply with this subpart and any rules, regulations, and design guidelines adopted by the town that are consistent with this subpart for the installation and/or collocation of a SWF and construction, maintenance, modification, operation, or replacement of wireless support structures in, along, across, upon, and under the town right-of-way, unless otherwise prohibited by state or federal law.
(C) All SWF shall be constructed and maintained so as not to impede or impair public safety or the legal use of the right-of-way by the town, the traveling public, or other public utilities.
(D) Nothing in this subpart precludes the town from applying its generally applicable health, safety, and welfare regulations when acting on an application for a permit for a SWF in the town right-of-way.
(Ord. passed 1-14-25)
§ 156.537 DEFINITIONS.
(A) General use of terms.
(1) The terms, phrases, words, and their derivations used below shall have the meanings given in this section.
(2) All terms used in the definition of any other term shall have their meaning as otherwise defined in this section.
(3) The words “shall” and “will” are mandatory and “may” is permissive.
(4) Words not defined shall be given their common and ordinary meaning.
(B) Defined terms.
CABLE, COMMUNICATIONS, FIBER, OR ELECTRIC EASEMENT. An easement, granted to a cable or video service provider, a communications service provider (including without limitation a telephone utility), a fiber optics cable services provider, or an electric services provider created or authorized by state law to provide such services, that runs parallel to and abuts or within a rights-of-way and is occupied by existing utility poles or wireless support structures carrying electric distribution lines, wires, cable, conduit, fiber optic cable for telecommunications, cable or electric service or supporting municipal street lights, or security lights. The term CABLE, COMMUNICATIONS, FIBER, OR ELECTRIC EASEMENT excludes easements for service drops or lines connecting the customer's premises to the cable, communications, fiber, or electrical provider.
COLLOCATION OR COLLOCATE. The placement of aerials and other facilities belonging to two or more communication service providers on a single wireless support structure.
COVERED AREAS. Means the surface of, and the space above and below, any public “rights-of-way,” “ROW,” “town rights-of-way,” “public rights-of-way,” and/or “cable, communications, fiber or electric easement” as those terms are defined herein.
DECORATIVE POLE OR STRUCTURE. A pole, arch, or structure placed in the public way specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed or are permitted to be placed in accordance with nondiscriminatory town practices except for any of the following:
(a) Electric lighting;
(b) Specially designed informational or directional signage;
(c) Temporary holiday or special event attachments; or
(d) Small wireless facilities.
DESIGN GUIDELINES. Those detailed design guidelines, specifications, and examples promulgated, after public notice, by the Planning, Land Use, and Neighborhoods Department or Commercial Design Review Board, or the Old Village Historic District Commission that address, on a nondiscriminatory basis, the design and installation of facilities in the public rights-of-way, insofar as they do not conflict with any federal or state law, rule, or regulation, including this subpart.
HISTORIC DISTRICT. An area that is zoned or otherwise designated as a historic district under municipal, state, or federal law and for which the town maintains and enforces in on a uniform and nondiscriminatory basis with regard to all users of the public ROW pursuant to this subchapter.
LOCATE. To install, mount, maintain, modify, operate, or replace SWF.
RIGHT-OF-WAY. The surface of and the space above and below the paved or unpaved portions of any public street, public road, public highway, public freeway, public lane, public path, public bike path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive and any other land dedicated or otherwise designated for the same now or hereafter held by the town. RIGHT-OF-WAY shall not include private easements.
SMALL WIRELESS FACILITY (SWF). An antenna, its wireless support structure, and any associated ancillary equipment, including electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.
TOWN-OWNED POLE.
(a) A utility pole owned or operated by the town in covered areas, including a utility pole that provides lighting or traffic control functions, or other law enforcement functions, including light poles, traffic signals, and structures for signage, and
(b) A pole or similar structure owned or operated by the town in a covered area that supports only wireless facilities.
TRANSMISSION POLE. A pole or similar structure that is used in whole or in part to carry electric transmission (as opposed to distribution) lines.
UTILITY POLE. A pole or similar structure that is designed or used for carrying electric distribution lines or for carrying cables or wires for electric, cable, or telecommunications service or for lighting, traffic control, or directional signage.
WIRELESS SUPPORT STRUCTURE. A freestanding structure, including a monopole, decorative pole, town-owned pole, transmission pole, and utility pole, or other existing or proposed structure designed to support or capable of supporting SWF.
(Ord. passed 1-14-25)
§ 156.538 APPLICATION PROCESS.
(A) Application required.
(1) In accordance with federal and state law and town code, an operator must apply to the town to locate a new SWT and/or collocate any portion of a SWF on an existing wireless support structure or to construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under the town rights-of-way.
(2) Anyone seeking to perform any of these actions shall first duly file a written application with the town, in accordance with the requirements in this subpart and additional requirements set forth in any design guidelines as modified from time to time by the town.
(B) Consent and permit required.
(1) No person shall occupy or use the right-of-way without first obtaining, under this chapter or state law, any requisite consent of and permit from the town. Before placing SWF in the right-of-way, an operator must apply for and receive a general right-of-way permit.
(2) This provision shall not be construed to waive any application fees or any other construction or work permit necessary for work in the town.
(3) While notice to the town is required, a permit from the town shall not be required for routine maintenance of wireless facilities.
(C) Required application materials. Unless otherwise required by state or federal law, all applicants shall submit to the town all materials and information associated with each application as outlined below for the application to be considered complete:
(1) The applicant’s name, address, telephone number and e-mail address;
(2) Facility owner’s name, address, telephone number and email address, if different from applicant;
(3) The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application;
(4) A general description of the proposed scope of work for the location or collocation of the SWF. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters, including but not limited to sub-surface utilities, likely to be affected or impacted by the work proposed;
(5) Identification of any consultant that is acting on behalf of the applicant and that is authorized to speak with the town, or a designee of the town, on the area of consultation for the applicant even if the applicant cannot be available;
(6) Verification from an appropriate representative of the applicant that the SWF shall comply with this subpart, including without implication all applicable design guidelines;
(7) Verification of payment of the annual municipal consent or administrative fee for telecommunications companies to use public rights-of-ways pursuant to S.C. Code § 58-9-2230 and acknowledgment of its continuing annual obligation;
(8) Verification of municipal business license, if applicable;
(9) Evidence the applicant is duly authorized to do business in South Carolina;
(10) Evidence the applicant has received any necessary certificate of public convenience and necessity or other required authority from the South Carolina Public Service Commission or the Federal Communications Commission or evidence that it is not required;
(11) A copy of an approved South Carolina Department of Transportation encroachment permit and all documents required by SCDOT as part of the encroachment permit application, if the proposed location is within a SCDOT right-of-way; and
(12) If the proposed location is outside of a SCDOT right-of-way, the applicant must provide a statement that the applicant has a lease, attachment agreement or other authorization from the owner of the utility pole or structure proposed for collocation.
(Ord. passed 1-14-25)
§ 156.539 FEES AND COSTS.
(A) Franchise fees. Pursuant to S.C. Code § 58-9-2230, each individual applicant will be subject to an annual franchise or consent fee.
(B) Application processing costs. Unless otherwise provided by law, including without limitation S.C. Code § 58-9-2230, all applications for permits pursuant to this subpart shall be accompanied by an application processing cost of $100. Application costs for small wireless facilities addressed in a consolidated application shall be $100 each for the first five small wireless facilities and $50 for each additional small wireless facility, up to a maximum of 20 small wireless facilities.
(C) Compensation. In addition to the applicable fee as specified above, every permit shall include as a condition the applicant’s agreement to pay such lawful franchise fees, business license taxes, administrative fees, and consent fees as are permitted under applicable South Carolina and federal law in addition to all applicable ad valorem taxes, service fees, sales taxes, or other taxes and fees as may now or hereafter be lawfully imposed on other businesses within the town.
(D) Cease payment. A wireless services provider is authorized to remove its facilities at any time from a town-owned pole in covered areas and cease paying the annual rate to the town as of the next due date for payment following the removal, provided; however, the provider pay its pro-rata share of the remaining term and expenses, if any.
(E) Make-ready. For town-owned utility poles in covered areas, the applicant shall reimburse the town for expenses for any reasonable make-ready work, if any are required. The town shall provide a good faith estimate for any make-ready work necessary to enable the pole to support the requested SWF, including pole replacement if necessary, within 30 days after receipt of a completed request. Make-ready work including any pole replacement shall be completed within 60 days of written acceptance of the good faith estimate by the wireless services provider.
(F) Tax liabilities and assessments not applicable. Placement of SWF in the right-of-way or attachment of any portion of a SWF to a wireless support structure and any fees associated therewith shall not subject the town to any state or local tax liabilities or assessments.
(Ord. passed 1-14-25)
§ 156.540 APPLICATION REVIEW TIMEFRAMES.
(A) Permit application review timeframes.
(1) Collocation of SWF. Absent an agreement to the contrary between the town and the applicant that is confirmed by email or other writing, the town shall grant or deny an application to collocate, or to replace or modify any portion of a SWF on, or associated with, an existing wireless support structure not later than 75 days after the date of filing by an entity of a completed application.
(2) Installation of New SWF. Absent an agreement to the contrary between the town and the applicant that is confirmed by email or other writing, the town shall grant or deny an application for a SWF within the right-of-way not later than 90 days after the date of filing by an entity of a completed application.
(3) Removal of SWF. The town shall act on requests to remove wireless support structures associated with SWF from the right-of-way typical to the review timeframes for the general right-of-way permit required for this activity.
(4) Eligible facilities request. The town shall act on an eligible facilities request in accordance with 47 C.F.R. § 1.40001 not later than 60 days after the date of filing by an entity of a complete application.
(5) Completeness. Within ten business days of receiving an application, the town will determine and notify the applicant whether the application is complete; or if an application is incomplete, the town must specifically identify the missing information.
(B) Application denials.
(1) The town shall not unreasonably withhold or deny an application for a permit to place a SWF within the right-of-way.
(2) If an application is denied, the town will provide in writing its reasons for denying the request, including, if applicable, specific references to any applicable law supporting the denial.
(3) Notwithstanding an initial denial, the applicant may cure the deficiencies identified by the town and resubmit the application within 30 days of the denial, and the town will approve or deny the revised application within 30 days of receipt of it, unless additional deficiencies are discovered.
(Ord. passed 1-14-25)
§ 156.541 CONSOLIDATED APPLICATION FOR MULTIPLE SWF.
Applicants seeking to construct, modify, collocate, or replace more than one SWF, may file, at the applicant’s discretion, a consolidated application for up to 20 requests in a single application and receive a single permit for the construction, modification, collocation, or replacement of the SWF subject to the following:
(A) This single application may be filed for multiple SWF only if they are of substantially the same type;
(B) The town must separately address SWF for which incomplete information has been received or which are denied and it must grant a permit for any and all sites in a single application that it does not deny subject to the requirements of this subpart; and
(C) In the case of a consolidated application, the fees may be cumulative. However, the town, at its discretion may opt to reduce such fees to encourage consolidated application submittals.
(Ord. passed 1-14-25)
§ 156.542 APPEARANCE, MAXIMUM HEIGHT, AND PROXIMITY OF SWF IN COVERED AREAS.
(A) Maximum height. For the purposes described herein, maximum height includes the total height of the support structure and the small wireless facility combined. The maximum height, of a newly installed or a collocated SWF is limited to:
(1) Maximum height of existing street light poles or 40 feet (where no street light poles exist) in any area zoned exclusively for single-family residential use or subject to any requirements imposed by the town’s Zoning Code or an overlay district;
(2) Applicant may collocate on existing, conforming street light poles where already existing or replace with new support structure or pole with the same appearance and materials as existing, conforming poles;
(3) Fifty feet in any other area, subject to any restrictions imposed by the town’s Zoning Code, overlay district, design guidelines, or neighborhood restrictions; or
(4) Where there are no existing street light poles, SWF must include the same or substantially similar materials and appearance as those of approved street light poles in commercial corridors.
(B) The town may require a proposed wireless facility be designed to not be significantly more readily apparent or plainly visible (to a reasonable person of ordinary sensibilities) from covered areas than existing utility structures, poles, and equipment located within 500 linear feet on the same covered area as the subject utility pole or single-pole support structure.
(C) Where small wireless facilities are determined to be appropriate, the use of reasonable concealment treatments, low profile equipment and control boxes, and screening may be required to avoid significant negative impacts on the character and visual aesthetics of the area; provided, however, such requirements may be waived by the town upon a showing that the particular location of a SWF does not warrant such treatment.
(Ord. passed 1-14-25)
§ 156.543 APPLICABLE DESIGN REQUIREMENTS.
(A) The Town Planning, Land Use, and Neighborhoods Department shall, after public notice, promulgate detailed design guidelines with objective, technically feasible criteria applied in a nondiscriminatory manner that reasonably match the aesthetics and character of the immediate area regarding all of the following, which the town shall consider in reviewing an application:
(1) The location of any ground-mounted SWF;
(2) The location of a SWF on a wireless support structure;
(3) The appearance and concealment of SWF, including those relating to materials used for arranging, screening, and landscaping; and
(4) The design and appearance of a wireless support structure.
(B) The design guidelines will provide examples of SWF preferences including visual depictions.
(C) The provisions in this subpart shall not limit or prohibit the Town Planning, Land Use, and Neighborhoods Department’s discretion to promulgate and make publicly available other information, materials, or requirements in addition to, and separate from, design guidelines so long as the information, materials, or requirements do not conflict with state or federal law.
(D) The Town Planning, Land Use, and Neighborhoods Department shall have authority to update or supplement the design guidelines to address relevant changes in law, technology, or administrative processes. In the event of any conflict between the design guidelines and the standards articulated in this Code of Ordinances, the ordinance shall take precedence over the language of the design guidelines.
(E) Wireless support structure design standards.
(1) Aesthetic approaches can vary depending on type of facility (i.e., freestanding, town-owned, transmission, utility, and the like). However, general design guidance and examples are provided below. In recognition of the different features and locations where SWF are placed, these guidelines must be met to the maximum extent practicable as determined by the Director of Planning, Land Use, and Neighborhoods.
(2) General guidance.
(a) SWF equipment must be indistinguishable from the support pole or structure to the greatest degree possible using matching colors, textures, and materials. The antennas and related equipment shall be in a color that will provide the most camouflage.
(b) Enclosing all wires, antennas, and other small wireless facility equipment.
(c) Screening and equipment enclosures shall blend with or enhance the surrounding context in terms of scale, form, texture, materials, and color. Equipment shall be concealed as much as possible by blending into the natural and/or physical environment. All screening shall be at the discretion of the town.
1. Ground based wireless facilities, shall be painted forest green, unless determined otherwise by the Building Official. Alternatively, ground-based facilities may be made more decorative using artwork that is coordinated and approved by the Director of the Parks and Recreation Department under the town’s public art program. When on a black pole, wireless facilities shall be painted black.
2. When trees, bushes, rocks, and other forms of landscaping are used for screening, such landscaping must match the predominant landscaping form and species within one block of the facilities.
(d) Casing to enclose all wires, antennas, and other small wireless facility equipment may be mounted on top of existing and new poles in a cylinder shape to look like an extension of the pole.
(e) Brand logos and other signage are prohibited on all SWF except signage required to warn of RF emissions, instructions for disabling the SWF, contact information to be used by workers on or near the SWF, and as otherwise required by federal or state law. Signage will be no larger than required to be legible from street level.
(3) Types. The town’s order of preference for poles or support structures is as follows:
(a) Monopole/town-owned pole;
(b) Decorative pole or structure;
(c) Existing or proposed structures designed to support or capable of supporting small wireless facilities; and
(d) Existing wooden poles or their replacement.
(4) Examples. Figures 156.543-1, 156.543-2, and 156.543-3 illustrate examples of SWF added to existing poles.
(Ord. passed 1-14-25)
§ 156.544 HISTORIC AND DESIGN DISTRICTS.
(A) This section may not be construed to limit a municipality’s authority to enforce historic preservation zoning regulations consistent with the preservation of local zoning authority under 47 U.S.C. § 332(c)(7), the requirements for facility modifications under 47 U.S.C. § 1455(a), or the National Historic Preservation Act of 1966 (54 U.S.C. §§ 300101 et seq.), and the regulations adopted to implement those laws.
(B) As a condition for approval of new small wireless facilities or new wireless support structure in the Old Village Historic District (OVHD) or the districts subject to Subchapter H, the wireless services provider shall comply with the design and aesthetic standards of the OVHD or Subchapter H to minimize the negative impact to the aesthetics in those districts.
(C) If design and concealment treatments are determine d on review by the town to be insufficient to mitigate harm to the OVHD or the districts subject to Subchapter H, the application will be denied.
(D) Existing neighborh ood and supplemental review districts.
(1) Nothing in this subpart shall prohibit or otherwise limit the town from establishing subsequent supplemental review districts, provided however, that facilities and structures for which a permit was approved or deemed approved pursuant to this subpart prior to the establishment of the supplemental review district remain subject to the provisions of this subpart, including routine maintenance and replacement of those facilities and structures.
(2) If a wireless services provider or a wireless infrastructure provider replaces such facilities in a manner that does not comply with this subpart, or if a wireless services provider or a wireless infrastructure provider relocates such facilities, such replacement or relocation is subject to the then-existing provisions and requirements of the supplemental review district.
(Ord. passed 1-14-25)
§ 156.545 COVERED AREAS IN NEIGHBORHOODS ZONED FOR RESIDENTIAL USE.
To the extent practicable, and subject to town overlay or historic districts and town design guidelines, SWF installed in residential neighborhoods shall utilize single pole support structures of like appearance, material, color, or other distinguishing characteristic as existing neighborhood street light fixtures. Total maximum height of the SWF, including all components shall be no more than 40 feet.
(Ord. passed 1-14-25)
§ 156.546 GENERAL CONDITIONS AND REQUIREMENTS OF PERMIT APPROVAL.
(A) Standard conditions of approval. SWF in rights-of-way shall be considered a permitted use. Permission to site SWF in the right-of-way shall be conditioned on compliance with the standard conditions of approval provided in this subpart.
(B) Permit effect and duration. The town’s approval term for construction of an attachment to a wireless support structure shall be for a period of nine months. A permit from the town authorizes an applicant to undertake only certain activities in accordance with this subpart, and does not create a property right or grant any authority whatsoever to the applicant to impinge upon the rights of others who may already have an interest in the covered area.
(C) Compliance with all applicable laws and Town Code.
(1) Permittee shall always maintain compliance with all applicable federal, state, and local laws, regulations, ordinances, or other rules.
(2) If state or federal standards and regulations are amended, the owners of any portion of SWF governed by this subpart shall bring any facilities and/or structures into compliance with the revised standards and regulations within the time mandated by such amendment or, if no time is mandated, as soon as practicable under the circumstances, but no longer than 90 days.
(3) The town is not required to provide notice of any amendments in order to trigger this responsibility.
(4) Failure to bring SWF into compliance with any revised standards and regulations shall constitute grounds for removal at the owner’s expense.
(D) Inspections; emergencies.
(1) The town or its designee may inspect any portion of SWF in the right-of-way upon reasonable notice to the permittee. The permittee shall cooperate with all inspections.
(2) The town reserves the right to support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.
(3) If circumstances permit, the town shall notify the wireless service provider and provide the opportunity to move such facilities, poles, or support structures prior to the town doing so, and the town shall notify the provider after doing so.
(E) Relocation or adjustment as requested by town. If requested by the town, in order to accomplish construction and maintenance activities directly related to improvements for the health, safety, and welfare of the public, an operator shall relocate or adjust its facilities within the right-of-way at no cost to the town, as long as such request similarly binds all users in or on such public way. Such relocation or adjustment shall be completed in accordance with law.
(F) Contact information for responsible parties. Within ten days of any changes to any of the contact information provided in the application, the applicant shall provide notice of the change to the Director of the Planning, Land Use, and Neighborhoods Department.
(G) Indemnification. Any entity who owns or operates SWF in the right-of-way shall indemnify, protect, defend, and hold the town and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (to include reasonable attorney fees), and costs of defense, proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the entity who owns or operates the SWF and wireless service in the right-of-way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the operator, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities in the right-of-way.
(H) Good condition required. SWF shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not menace or endanger the health, safety or welfare of any person or property. All SWF shall be subject to generally applicable property maintenance requirements and to visual inspection by code enforcement officers.
(I) Relocation for public improvement projects. To the extent that the town requires it to do so in the reasonable exercise of its police powers, permittee shall remove and relocate the permitted SWF at permittee’s sole expense to accommodate construction of a public improvement project by the town.
(Ord. passed 1-14-25)
§ 156.547 COVERED AREAS IN ANY ZONING DISTRICT IN WHICH OVERHEAD LINES HAVE BEEN PLACED UNDERGROUND.
(A) The town is currently engaged in having certain overhead utility lines placed underground for aesthetic and enhanced service reasons.
(B) Within 90 days following written notice from the town, any wireless service provider shall, at its own expense, disconnect, remove, relocate, change, or alter the position of any SWF within the rights-of-way whenever the town, in the reasonable exercise of it police powers, has determined that such removal, relocation, change, or alteration is reasonably necessary to meet the objectives of having the overhead utility lines being placed underground and will ensure public health, safety, and welfare. Subject to the above and upon a determination by Planning staff, applicant may be allowed to replace any SWF with a decorative style support structure, meeting decorative pole appearance, materials, concealment, and underground support structure requirements in compliance with this subpart.
(Ord. passed 1-14-25)
§ 156.548 REMOVAL OF SWF IF USE DISCONTINUED OR ABANDONED.
(A) If a SWF is discontinued for a period of 60 days or is abandoned without notice from the owner, it shall be considered abandoned and the town may remove it at the owner’s expense to ensure the public health, safety, and welfare if the town provides written notice of its intent to remove under this section and, within 30 days after receipt of such written notice, the owner of the SWF does not reply to the town in writing that the SWF continues to be in operation.
(B) The town reserves the right to inspect and to request information from the operator, which the operator shall provide following such request, as to the continued use of the operator’s SWF(s) within the right-of-way.
(Ord. passed 1-14-25)
§ 156.549 SAFETY REQUIREMENTS.
(A) Prevention of failures and accidents. Any person who owns or operates a portion of a SWT sited in the right-of-way shall always employ ordinary and reasonable care and install and maintain it using industry standard technology for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public.
(B) Compliance with fire safety and FCC regulations. All SWF, including, but not limited to wires, cables, fixtures, and other equipment, shall be installed and maintained in compliance with the requirements of the National Electric Code, all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property or any existing public/private utilities or public safety systems.
(C) Marker or insignia required. Each attachment of wireless facilities should bear a marker or insignia legible at street level, identifying the owner of the SWF and contact information.
(D) Surety bond or equivalent financial tool for cost of removal.
(1) All owners must procure and provide to the town a bond, or must provide proof of an equivalent financial mechanism, to ensure compliance with all provisions of this code. The bond or equivalent financial method must specifically cover the cost of removal of unused or abandoned SWF or damage to town property caused by an operator or its agent of each SWF in case the town has to remove or pay for its removal.
(2) Acceptable alternatives to a bond include: a fund set-aside; a letter of credit; and a demonstration that the owner has operated in the town for at least the years and that the owner or its parent or affiliated companies maintain a net worth of at least $300,000.
(Ord. passed 1-14-25)
§ 156.550 APPEALS.
Any determination rendered by the Planning, Land Use, and Neighborhoods Department may be appealed to the Board of Zoning Appeals in accordance with Subchapter I, Part 17.
(Ord. passed 1-14-25)
§ 156.551 SEVERABILITY.
The provisions of this subpart are severable. If any provision or division, or the application of any provision or division to any person or circumstances is held invalid, the remaining provisions, divisions, and applications of such ordinance to other persons or circumstances shall not be made invalid as well. It is declared to be the intent of this section that the remaining provisions would have been adopted had such invalid provisions not been included in this subpart when originally adopted by Council.
(Ord. passed 1-14-25)
§ 156.552 PENALTIES.
(A) In addition to any other penalties set forth in this chapter, any person or permittee violating any provision in this subpart shall be guilty of a minor misdemeanor. Each day the violation continues shall be deemed a separate offense.
(B) Nothing herein shall prevent the town from taking any other lawful action, including civil actions at law or equity, including temporary restraining orders, preliminary injunctions and permanent injunctions, as is necessary to prevent or remedy any violations.
(Ord. passed 1-14-25)
§ 156.560 TITLE.
This subpart shall be known and may be cited as the Town of Mount Pleasant telecommunications tower regulations.
(Ord. passed 1-14-25)
§ 156.561 PURPOSE.
(A) The purpose of the telecommunications tower regulations is to ensure that residents, public safety operations and businesses have reliable access to wireless telecommunications networks and communications services, while preserving the intrinsic aesthetic character of the community by regulating the placement, construction, and modification of wireless communications facilities.
(B) By enacting these telecommunications tower regulations, it is the town's intent to:
(1) Ensure sufficient wireless infrastructure to support public safety communications;
(2) Ensure access to reliable wireless communications throughout all areas of the town;
(3) Encourage the use of existing structures for the location and collocation of telecommunications facilities;
(4) Facilitate the responsible deployment of telecommunications facilities in appropriate areas; and
(5) Ensure protection of the public health, safety, convenience, order, appearance, prosperity and general welfare of the town.
(Ord. passed 1-14-25)
§ 156.562 DEFINITIONS.
For the purpose of the telecommunications tower regulations, the following definitions apply unless the context clearly indicates or requires a different meaning.
CALF. A portable cell site that involves the temporary placement of additional antennas on an existing telecommunications tower, with the ancillary equipment located on a mobile platform or vehicle utilized to provide temporary or emergency service.
CARRIER ON WHEELS OR CELL ON WHEELS (COW). A portable self-contained cell site that is normally vehicle-mounted and contains a telescoping boom as the antenna support structure that can be moved to a location and set up to provide wireless services on a temporary or emergency basis.
COLLOCATION ON TELECOMMUNICATIONS TOWER. The placement of antennas on an existing telecommunications tower without the need to construct a new support structure or extend the height of the existing tower.
MONOPOLE. A single, free-standing pole-type structure supporting one or more antenna.
STEALTH TECHNOLOGY. The treatment of telecommunications apparatus that integrates the same into an architectural feature of an existing structure, or is so designed that its purpose as a structure for providing wireless services is not readily apparent to a casual observer.
TELECOMMUNICATIONS TOWER. A tower, pole, or similar vertical structure that supports a telecommunications antenna and is utilized to provide wireless transmission of voice, data, images, or other information.
(Ord. passed 1-14-25)
§ 156.563 PERMITTED USE.
(A) The collocation of additional antennas for existing or new providers on an existing telecommunications tower, located in any zoning district regardless of conforming or compliant status, that do not increase the height of the existing tower and only involves the installation of additional antennas and ground-mounted equipment in the general vicinity of existing ground-mounted equipment and within the setback area of the zoning district, is a permitted use.
(B) The location or collocation of providers on existing buildings or structures, such as water towers, electrical transmission or distribution towers, and likewise, located in any zoning district, provided that the overall height of the building or structure is not increased by more than 30 feet, is a permitted use.
(Ord. passed 1-14-25)
§ 156.564 CONDITIONAL USE.
Monopole, stealth, free-standing, or guy-wire telecommunications towers are allowed in the LI, Light Industrial District, subject to the following conditions:
(A) The applicant must provide written verification that no feasible alternative exists to the construction of a new tower, such as collocation on an existing tower or structure;
(B) The tower owner must provide a written agreement acknowledging that additional providers may collocate on the new tower at the prevailing market rate, subject to the engineering capabilities of the structure;
(C) The minimum setback from the center of the tower to an adjacent residentially zoned property is equal to the height of the tower, measured to the closest property line;
(D) The minimum setback from the center of the tower to all other adjacent non-residentially zoned property or street right-of-way is determined by the fall zone, such that in the event of failure the fall zone shall prevent the tower from encroaching onto adjoining properties of street rights-of-way; and
(E) In all cases the fall zone must remain inside the lot lines of the property on which the tower is located.
(Ord. passed 1-14-25)
§ 156.565 SPECIAL EXCEPTION USE.
(A) Telecommunications towers in the AB-1, Areawide Business-1 District, and AB-2, Areawide Business-2 District, are allowed as a special exception, subject to the provisions of Subchapter I, Part 9 and the following provisions:
(1) The applicant must meet the requirements of § 156.564; and
(2) Monopole or stealth applications are preferred over lattice towers.
(B) Telecommunications towers for police, fire, public works, utility companies, and other public or quasi-public service providers are allowed as a special exception in the PI-1, Public Institutional-1, and PI-2, Public and Institutional-2, Districts, subject to the provisions of Subchapter I, Part 9 and the following provisions:
(1) The applicant must meet the requirements of § 156.564;
(2) Monopole or stealth applications are preferred over lattice towers; and
(3) They are provided only in conjunction with a primary facility and not in a stand-alone capacity.
(C) Notwithstanding any contrary provisions of this chapter, including those of § 156.546, collocations requiring an extension of an existing tower regardless of zoning district classification may be allowed as a special exception pursuant to the provisions of Subchapter I, Part 9.
(D) In addition to satisfying the approval criteria listed herein, the Board of Zoning Appeals must find that the design, location, and height of the proposed tower will not substantially impact the aesthetic and residential character of adjoining areas zoned residential, and intended to remain as such pursuant to adopted land use plans.
(Ord. passed 1-14-25)
§ 156.566 ADDITIONAL PROVISIONS.
(A) Location, collocation, and construction of new towers require the issuance of a building permit demonstrating adherence to all applicable building code requirements, including wind load and seismic requirements.
(B) Towers no longer used for communication purposes must be dismantled and removed within 120 days of the date they are taken out of service.
(C) No advertising signage may be placed on any tower.
(D) Illumination is only allowed in accordance with the requirements of the FCC, FAA, or other appropriate regulatory agencies.
(E) It is preferred that the color of the tower blend in with its surroundings.
(F) The tower and associated structures are appropriately secured by means of walls, fences (other than chain link material) or other devices, and are appropriately screened using existing new evergreen shrubs and trees that will reach a minimum height of six feet.
(G) The use of COWs and CALFs are allowed in any zoning district as follows:
(1) With a special event permit pursuant to the provisions of Chapter 116;
(2) For a period not to exceed 120 days following a natural disaster or local emergency as declared by competent official authority; and
(3) On location by broadcast media on a short-term basis covering an event or story for the duration of the same.
(Ord. passed 1-14-25)
§ 156.567 APPLICATION REQUIREMENTS.
(A) Copy of lease or letter of authorization from the property owner authorizing the application;
(B) Written description and scaled drawings, in plan and elevation view, of the proposed tower structure, antennas, ground structure, landscape or bufferyard plantings and fence plan;
(C) Graphic representation of the tower's fall zone and certification letter from a state of South Carolina-licensed, professional engineer, bearing original signature and seal;
(D) Line-of-sight diagram or photo simulation, showing the proposed tower against the skyline, and viewed from at least four directions from within the surrounding area;
(E) Written justification why location on an existing building or structure or collocation on an existing tower without extension is not feasible, to include:
(1) Such technical information and other justifications as are necessary to document why location or collocation is not viable; and
(2) A list of all existing structures considered as alternatives to the proposed location, and an explanation of why the alternatives were unacceptable due to technical, physical, or financial reasons; and
(3) A written agreement acknowledging that additional providers may collocate on the new tower at the prevailing market rate, subject to the engineering capabilities of the structure.
(Ord. passed 1-14-25)
§ 156.568 APPEALS.
(A) Appeals from an administrative decision may be pursued in accordance with the provisions of Subchapter I, Part 17.
(B) Appeals from the decision of the Board of Zoning Appeals regarding a special exception application may be pursued in accordance with the provisions of Subchapter I, Part 9.
(Ord. passed 1-14-25)
