- Area, Height and Dimensional Requirements
The purpose of this Article is to provide the area, height, density, intensity and dimensional requirements for all permitted, conditional and accessory uses allowed in this Ordinance.
1602.A.
Requirements Superseded. All applicable area, height and dimensional requirements provided by this Article are superseded by such requirements as provided in section 1802 - Coastal Protection Overlay District and section 1803 - Airport Hazard Zone.
1602.B.
Modification of Requirements by Design and Performance Standards. The requirements of this Article may be further modified by other applicable sections of this Ordinance, including those provided in Article 17 - Design and Performance Standards.
1603.A.
All permitted, conditional and accessory uses shall conform to the area and dimensional requirements as provided in sections 1603.B - Requirements for Residential Zoning Districts and 1603.C - Requirements for Commercial and Other Zoning Districts, for the district in which the use is located.
1.
A cell with only dashes (—-) in the tables indicates that there are no requirements of that type in the respective zoning district. However, such requirements may be provided in other applicable sections of this Ordinance.
2.
Lettered footnote references in the tables correspond to footnotes provided below each table.
3.
Exceptions:
a.
A roof overhang, cornice, fascia, and wall-applied ornamentation may extend into a required setback yard up to 24" provided they are a minimum of 10' above the finished floor.
b.
The zoning administrator may allow up to a 20% variation, not to exceed 4 feet, in setback requirements in order to save a protected or landmark tree.
1603.B.
Requirements for Residential Zoning Districts
* (SF) Single-family, (MF) Multi-family, (2F) Two-family, (TH) Townhouse
**See Sec. 1702.A.2. for corner lots and double frontage lots.
(A)
1' of additional building height is permitted for each 1-1/2' of additional side yard setback per side if the setback is increased in excess of the minimum. All portions of the structure not exceeding 35' in height are permitted between the height bonus setback and the minimum side yard setback line in the Multifamily (RM) districts. However, in no instance is the maximum height to exceed 50'.
(B)
Provided, however, that accessory buildings shall be set back a minimum of 40'.
(C)
Provided, however, that hot tubs, swimming pools or enclosures shall be set back a minimum of 10'.
(D)
10' for residential uses, 30' for other uses.
(E)
Minimum side yard combined: 20' for residential uses, 50' for other uses.
(F)
Minimum width on one side: 10' for residential uses, 20' for other uses.
(G)
Minimum side yard combined: 22.5' for residential uses, 50' for other uses.
(H)
20' for residential uses, 30' for other uses.
(I)
Unused to avoid confusion with the number one.
(J)
Provided, however, that all lots contiguous to or fronting on the King's Highway shall observe a 30-foot minimum building line setback from King's Highway.
(K)
Except that lots bound on all 4 sides by dedicated public rights-of-way or on 3 sides by dedicated public rights-of-way and 1 side by public beach shall have a minimum lot area of 6,000 square feet.
(L)
Provided, however, that the minimum lot width along Kings Highway is 100'.
(M)
Except that lots bound on all 4 sides by dedicated public rights-of-way or on 3 sides by dedicated public rights-of-way and 1 side by public beach shall have a minimum lot width of 60'.
(N)
Structures of 20 feet in height or less shall require a minimum of five feet setback. Structures greater than 20 feet in height, setback shall be five feet plus one foot for each 20 feet of total structure height. However, for lots of 60 feet in width or less and bordered on both sides by a street right-of-way or public alley of at least 20 feet, the minimum side structure setback requirement shall not exceed five feet in width. Exceptions (in no instance shall these exceptions supersede the minimum setback required in the Coastal Protection Zone):
1.
If 20 percent or more of the minimum off-street parking requirement is met by parking provided within the permitted structure, the side and rear setback requirements of the structure shall each be reduced by ten percent. This exception does not apply when the side yard is determined to be no more than five feet for lots of 60 feet or less in width and that are adjacent to an alley, according to section 1603.B.(M)
2.
If the property abuts either on the side or rear with permanent public open space (excluding streets and public alleys) which has a minimum uniform width of at least 40 feet then the property side or rear building setback requirement abutting the permanent open space shall be reduced by 50 percent.
3.
No structure that abuts any Single-family (R), Multifamily - Medium Density (RMM), Multifamily - High Density (RMH), or residential Planned Unit Development (PUD) shall be erected any closer than 12 feet from an abutting Single-family (R), Multifamily (RM), or residential Planned Unit Development (PUD) property line. For structures over 20 feet in height the setback shall be 12 feet plus two feet for every 20 feet of structure height.
(O)
Unused to avoid confusion with the number zero.
(P)
Provided, however, that publicly owned properties have no minimum district land area.
(Q)
20 feet from front street property line and ten feet from side street property line. In addition, structures which exceed 80 feet in height shall set back from a front and side street 20 feet plus one additional foot for each four feet of total structure height or part thereof over the initial 80 feet of structure height.
1603.C.
Requirements for Commercial and Other Zoning Districts
(A)
Or per the Coastal Protection Zone (CPZ), whichever is greater.
(B)
Except as stated in (A) above, setbacks are zero except that the provisions of Chapter 6 - Buildings and Building Regulations and Chapter 9 - Fire Prevention & Protection of the Code of Ordinances apply. However, sight triangles and sight lines shall be maintained, requirements in section 902 - Landscaping Regulations shall be met; and in the Mixed Use (MU) districts, the sidewalk and buffer requirements of section 1705.I - When A Property Is Developed shall be met.
(C)
Equal to the width of the widest right-of-way upon which it fronts.
(D)
For all structures and open or unenclosed amusements from roads that extend beyond the boundaries of the district (external streets): buildings: 100', surface parking facilities along Grissom Parkway between 21 st Avenue North and 29 th Avenue North: 24'; other surface parking facilities 30'; otherwise 15' from any public right-of-way.
Minimum setback from internal streets: all structures and open or unenclosed amusements: 30'; surface parking facilities: 5'.
(E)
Exception: Subdivisions of property containing buildings existing on 8/9/94 are allowed lesser setback requirements (up to zero feet) for those existing buildings along no more than two street frontages.
(F)
50' when adjacent to a residential district.
(G)
When adjacent to a non-residential district: 20' of setback on each side; or 30' setback on the side of a building with a vehicular access door; or if designed as zero lot line, the side yard opposite the zero lot line shall be a minimum of 50'.
(H)
When adjacent to nonresidential districts, 20' except that no less than 30' shall be provided at the side or rear of the building with a vehicular access door.
(I)
Unused to avoid confusion with the number one.
(J)
For subdivisions only of property containing buildings existing on 3/26/96 lesser setback requirements (up to zero feet) are allowed for those buildings side and rear lot lines adjacent to nonresidential districts where the building does not have a vehicular access door.
(K)
When adjacent to a non-residential district: 15' if no vehicular use area is provided to the rear of the structure; or 25' if vehicular use area is provided in the rear yard; or 30' if a vehicular access door is provided on the rear of a building.
(L)
Per the landscaping regulations.
(M)
10' up to 20' in height, 20' between 20' and 120' in height, 30' for structure taller than 120'; except that in the DRC Area (16 th Ave. N - 6 th Ave. S. between Kings Hwy and the Atlantic Ocean, up to 35' in height refer to subsection (B) above, 20' between 35' and 120' in height, 30' for structures taller than 120'.
(N)
No structure setback is required adjacent to a railroad right-of-way where property lines abut a railroad right-of-way.
(O)
Unused to avoid confusion with the number zero.
(P)
20% of lot width on each side
(Q)
Refer to sections 1308 - Standards for Extended Stay Recreational Parks with Rental Periods in Excess of 30 days and 1501.BB - Campgrounds for campground requirements.
(R)
Provided, however, that the minimum lot width along Kings Highway is 100'.
(S)
10' up to 20' in height, 20' between 20' and 120' in height, 30' for structure taller than 120'; except that in the DRC Area (16 th Ave. N - 6 th Ave. S. between Kings Hwy and the Atlantic Ocean:
1.
Minimum side yard setback up to 35' in height refer to subsection (B) above, 10' for structures taller than 35'.
2.
Minimum rear yard setback is 10' up to 35' in height, 20' between 35' and 120' in height, 30' for structure taller than 120'
(T)
20% if all structures are 20' or less in height, 25% if any structure exceeds 20' in height.
(U)
50% if the site contains structures taller than 120'.
(V)
Provided, however, that open or unenclosed amusements shall have a maximum height of 240' if located at least 700 feet from the district boundary, and 180' if otherwise located; and that the maximum height for subdivided out parcels is 100'.
(W)
Reserved
(X)
Provided, however, that the height restricts within section 1803 - Airport Hazard Overlay Zone shall be met.
(Y)
Vehicular use area setback: 30' from the front or side street, 20' from the side or rear.
(Z)
50% of the open space shall remain as undisturbed natural area measuring at least 4,000 square feet. Upon written approval of the zoning administrator, the undisturbed natural areas may be cleared of underbrush to make a more presentable appearance; however, no protected trees or any other vegetation greater than 2" in caliper shall be removed.
(aa)
Minimum setback for all structures and open or unenclosed amusements from the bounding exterior property lines of an identified development: 30'. Except as stated in (A) above, Minimum setback for all other internal property lines of an identified development are zero except that the provisions of Chapter 6 - Buildings and Building Regulations, Chapter 9 - Fire Prevention & Protection of the Code of Ordinances apply, sight triangles and sight lines shall be maintained, and requirements in section 902 - Landscaping Regulations shall be met.
(bb)
Refer to section 1501.Z.2. - Cabanas.
(cc)
Minimum common areas for congregate care and nursing home facilities shall comply with South Carolina law.
(dd)
Except as regulated by section 1711Design Standards for the Institutional (IN) district.
(ee)
Excepting Phase 1 of the approved Market Common Master Plan, the total coverage of all buildings and other structures on a lot shall not exceed 97 percent. A minimum accessible open space shall be provided at grade, equal to three percent of the total lot area, or as much as necessary to provide adequate space for the following: Refuse containers, service and utility fixtures such as: pad-mounted electric transformers, gas and light meters, gas an fuel oil tanks, air conditioners and heat pump units, and all other such items. When included in Phase 1 of the approved Market Common Master Plan, and consideration has been made and approved for such items discussed above, the total coverage of all buildings and other structures may be up to 100 percent.
(ff)
Gross floor area ratio (FAR) requirements. FAR = Floor area of buildings and other structures divided by lot area.
1.
Minimum FAR: 0.35 with surface parking.
2.
Maximum FAR: 0.60 with surface parking.
3.
Minimum FAR: 0.50 with a parking structure.
4.
Maximum FAR: 5.00 with a parking structure.
(gg)
This calculation shall consider the entire development as defined on a site plan filed with the zoning administrator.
(hh)
20% minimum open space on properties of 3 acres or more.
1603.D.
Minimum Lot Area Per Dwelling Unit:
(A)
For lots or parcels larger than 8,500 square feet use the formula below to compute allowable density. In the formula, N equals maximum number of units permitted.
(Total Square Feet in Parcel/43,560 sq. ft) × 12 = N
When N is computed to be less than three, it shall be rounded up to three. When N is computed to be greater than three, it is always rounded down to a whole number.
(B)
For lots or parcels larger than 8,500 square feet use the formula below to compute allowable density. In the formula, N equals maximum number of units permitted.
(Total Square Feet in Parcel/43,560 sq. ft) × 20 = N
When N is computed to be less than three, it shall be rounded up to three. When N is computed to be greater than three, it is always rounded down to a whole number.
(C)
There shall be no minimum lot area per dwelling unit for mixed-use developments. Use the formula below to compute allowable density for residential developments. In the formula, N equals maximum number of units permitted.
(Total Square Feet in Parcel/43,560 sq. ft × 20) +1 unit per acre for each 2.5% of usable open space = N
When N is computed to be less than three, it shall be rounded up to three. When N is computed to be greater than three, it is always rounded down to a whole number.
(D)
Maximum density of multifamily use is limited to 16 units per acre. Maximum density for congregate care, elderly; assisted living; independent living, elderly; continuing care retirement community; and nursing home is limited to 28 units per acre. For the purposes of determining maximum density, permitted units are regulated by following conversion factors:
One Congregate unit, elderly = one multifamily unit = three nursing home beds = one assisted living unit.