Animal shelter, domestic. A pen, shelter, or structure where no more than three dogs or small domestic animals, not to include horses, cows, goats, swine, including pot bellied pigs, sheep, ponies, grazing animals and fowl of any kind, are boarded or kept.

Assisted-living facility. A facility which offers room and board and which provides a degree of personal care and supportive services.

Bar. An establishment where the sale of alcoholic beverages accounts in excess of fifty (50) per cent of the establishment's gross revenue, and food may or may not be served.

Building areas. That portion of any lot which may be used or built upon in accordance with the regulations governing the zoning district within which the lot is located when the front, side and rear yard, open space, and applicable buffer area requirements have been met.

Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons or property.

Building, accessory. A subordinate structure on the same lot as the principal or main building or use occupied or devoted to a use incidental to the principal use. Included in this definition are private garages, storage sheds, workshops, domestic animal shelters, pool houses, etc., when detached from the principal building, and carports attached to the principal building when at least seventy-five (75) per cent open or unenclosed.

Building, principal. A building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.

Canopy tree. A deciduous tree that forms the top layer of vegetation in a forest. Examples of such trees include oaks, hickories, maples, poplars, and others.

Child care services. Child care services shall mean and include any home, center agency or place, however styled, and where children are not related to the operator are received for custodial care, apart from their parents, whether for compensation, reward, or otherwise during part or all of the day or night and upon any number of successive days or nights.

Club, private. An organization catering exclusively to members and their guests including buildings and grounds with commercial activities serving the membership only.

Cluster subdivision. A form of development for single-family residential subdivision that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space.

Conditional use. A use of land or structure which is permitted in a district under conditions specified in the zoning ordinance.

Condominium. A unit in a multi-unit structure owned by an individual who has use of all common areas associated with that structure.

Density ratio. A measure of the potential intensity of residential development within a defined site area. The density ratio is calculated by dividing the gross (total) site area by the minimum lot area required for a particular residential unit type.

Developer. An individual, partnership or corporation (or agent therefor), that undertakes the activities covered by these regulations.

Development. Any manmade change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Diameter breast height (DBH). Breast height is reckoned to be four (4) feet six (6) feet above the ground. In the case of two (2) or more leaders emanating from a single trunk where the trunk is split below a height of four and one-half (4½) feet, the largest of the various leaders plus the average of the other leaders greater than four and one-half (4½) inches measured at four and one-half (4½) feet is construed to be the DBH of the tree. Ex. If the tree has two (2) leaders; one(1) eight-inch and one (1) four-inch, then the DBH is twelve (12) inches. If the tree has three (3) leaders, one (1) four and three-quarter-inch, one (1) five-inch; and one (1) six-inch, then the DBH would be six (6) inches plus the average of four and three-fourths (4.75) inches and five (5) inches, equating to 10.875 inches.

Driveway. A paved or unpaved areas used for ingress and egress of vehicles, and allowing access from a street to a building or other structure or facility.

Driveway aisle. A paved or unpaved area used for ingress and egress of vehicles, and allowing access from a street to a building or other structure or facility. The aisle must be a minimum of twenty-four (24) feet wide.

Dwelling. A building or portion of a building arranged or designed exclusively for human habitation.

Dwelling unit. A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Dwelling unit, accessory. A separate, detached dwelling unit, providing complete, independent living facilities for one (1) or more persons that is separate from and subordinate to the principal dwelling unit. The ADU may be separately metered for electricity, gas, water, and/or sewer.

Dwelling, apartment. (See dwelling, multi-family).

Dwelling, attached. A dwelling unit attached to none or more other dwelling units by common vertical walls.

Dwelling, detached. A single dwelling unit, other than a mobile home, surrounded by open space or yards and which is not attached to any other dwelling by any means.

Dwelling, duplex. A building containing two dwelling units.

Dwelling, group occupied. A dwelling unit occupied by four (4) or more individuals, unrelated by blood, marriage, adoption or guardianship, living together as a single housekeeping unit.

Dwelling, manufactured home. A factory built home after the enactment of and bearing a label of compliance with the federal manufactured home construction and safety standards act, effective, June 15, 1976 (HUD Code).

Dwelling, mobile home. A factory built home prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act, effective June 15, 1976.

Dwelling, multi-family. A building containing five (5) or more dwelling units.

Dwelling, patio house. A single-family detached dwelling unit. It is built on a small lot generally enclosed by walls which provide privacy. The term is synonymous with zero lot line dwellings.

Dwelling, quadruplex. A building containing four (4) dwelling units.

Dwelling, single-family. A building containing one (1) dwelling unit.

Dwelling, townhouse. A series of attached dwelling units on separate lots which may or may not have a common roof and separated from each other by common vertical walls.

Dwelling, triplex. A single building containing three (3) dwelling units.

Dwelling, zero lot line. A zero lot line dwelling is a single-family detached unit which instead of being centered on a lot, in placed against at least one of the side of the side lot lines. The term is synonymous with patio house.

Eating establishment. A business selling food and/or drink at retail. The term may include, but is not limited to, cafés, cafeterias, coffee shops, delicatessens, diners, fast-food restaurants, and ice cream shops. This definition excludes full-service restaurants and bars.

Evergreen tree. A tree that remains green throughout the year.

Factory-built housing. A three dimensional, transportable, factory-built structure designed for long term residential use. Such housing includes manufactured, mobile and modular homes.

Family. One (1) or more persons related by blood, marriage, adoption or guardianship, and not more than four (4) persons not so related except that nine (9) mentally or physically handicapped persons for whom care is provided on a twenty-four (24) hour basis should be construed to be family, in accordance with the provisions of 6-7-830 of the South Carolina Code of Laws, including approval or licensing of the home in which they are located by a state agency for that purpose.

Family day care home. A family day care home is one in which care is given by a family member and no others during the day only for one (1) and not more than seven (7) children, including the day care of parents' own children.

Federal manufactured home constructions and safety standards. Regulations promulgated by the Department of Housing and Urban Development (HUD), governing the design and construction, strength and durability, transportability, fire resistance, energy efficiency and quality of manufactured housing. These standards also set performance requirements for heating, plumbing, air conditioning, thermal and electrical systems.

Floor. The top surface of an enclosed area in a building (including basement), i.e. top of slab in concrete slab construction or top of wood flooring in wood frame construction. Term does not include floor of a garage used solely for parking vehicles.

Floor area. The sum of the floor area for each of a building's stories measured from the exterior limits of the faces of the structure including basement floor area. It does not include unenclosed porches or any floor space in an accessory building or in the principal building which is designed for parking of motor vehicle.

Floor area ratio. An intensity measure of land use derived at by dividing the total floor area of a building by the total site area.

Gambling cruise vessel. All vessels engaged in activity described in the South Carolina Gambling Cruise Act, S.C. Code Ann. 3-11-200 et seq.

Gambling cruise vessel support activities. All privately owned or operated locations at which shore-based activity in any way associated with a gambling cruise vessel is conducted. Such activities expressly include, but are not limited to, (1) docks, piers and wharves to which gambling cruise vessels are affixed or at which they embark or disembark passengers; (2) ticket sales facilities; (3) administrative facilities associated with the operation of gambling cruise vessels; (4) parking facilities associated with gambling cruise activity; and (5) lounges, restaurants, terminals or other places at which patrons/passengers congregate prior to embarking or after disembarking from a gambling cruise vessel.

Garage, private. (As defined by the Standard Building Code).

Public, garage. (As defined by the Standard Building Code).

Habitable dwelling. A dwelling meeting the minimum habitability requirements of the ordinance, and other applicable regulations.

Heavy commercial vehicle. A heavy commercial vehicle is defined as a vehicle used for any commercial purpose whose tare weight exceeds five (5) tons (ten thousand (10,000) pounds), or a vehicle having more than two (2) discreet axles, or a vehicle greater than eight (8) feet in height. Construction equipment and farming equipment meeting these criteria are included within this definition.

Heavy commercial trailer. A heavy commercial trailer is defined as a trailer vehicle used for any commercial purpose and having more than four (4) tires and which is greater than fifteen (15) feet in overall length. Examples of heavy trailers include, but shall not be limited to "container chassis," "dump bodies," "reefers," and other trailers commonly utilized within the commercial shipping industry.

Height. The vertical distance of a structure or vegetation measured from the ground or base flood elevation plus the prevailing freeboard requirement, whichever is higher, to the highest point of the structure.

Home occupation. Any occupation within a dwelling, including a hobby and clearly incidental thereto, carried on by a member or members of the family residing on the premises and no more than one (1) additional person, provided that:

(1)

No exterior indication of the use or change in the character or exterior appearance is evident other than a sign permitted by these regulations;

(2)

The maximum floor area used for such operation shall not exceed six hundred (600) square feet or twenty-five (25) per cent of the gross floor area;

(3)

No display of products shall be visible from the street.

(4)

Creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, unhealthy or unsightly condition.

Homeless shelter. A facility operated by a non-profit organization or a for-profit organization pursuant to a contract with or grant from a government agency providing emergency temporary or transient overnight lodging, with nominal or no charge to persons receiving such lodging.

Impervious surface. Impervious surfaces are those that do not absorb water. All buildings, paved parking areas, driveways, roads and sidewalks, and any other areas determined by the zoning administrator to be impervious within the meaning of this definition also will be classed as impervious surfaces.

Impervious surface ration. The impervious surface ration is a measure of the intensity of land use. It is determined by dividing the total area of all impervious surfaces within the site by the total site area.

Infill development. New development of vacant parcels within existing areas that are already largely developed.

Junk or salvage. Any material consisting of waste, discarded or salvaged matter which is bought, sold, exchanged, stored, bailed, packed, or disassembled for profit, trade, or hire. The term junk shall also mean, but not be limited to, old or scrap copper, brass, aluminum, rope, rags, paper, trash, tire carcasses, rubber debris, old vehicle parts, non-working major appliances, and other ferrous or non-ferrous material. The term "salvage" or "junk" as used herein shall also include any vehicle damaged so as not to comply with state or federal safety regulations, incapable of self propulsion, or partially dismantled if retained on the premises for more than seventy-two (72) hours, unless such vehicle is either:

(1)

Retained for purposes of repair or towing storage on the premises of a properly zoned repair or towing facility; provided that for any such vehicle retained more than ninety (90) days, the towing or repair facility must be able to document reasonable efforts that have been made to repair or return the vehicle and demonstrate reasonable cause for why repair or return has not been completed. Examples of reasonable cause for why repair or return has not been completed would include, but not be limited to, time statutorily required for compliance with state laws or back order time associated with parts required for repair; or

(2)

A city licensed restoration vehicle that complies with all requirements of Chapter 10.5, Article VII of the Code of Ordinances for the City of North Charleston.

Junk or salvage yard. Any premises where salvage or junk as defined herein are found and have been permitted to remain with the consent of the owner, lessee, or person(s) responsible for maintenance of such premises.

Lot. A parcel of land considered as a unit. The terms "lot", lot of record", "property" or "tract", whenever used in this ordinance are interchangeable.

Lot, corner. A lot located at the intersection of two or more streets.

Lot, double frontage. A lot which has frontage on more than one street.

Lot, interior. A lot, other than a corner lot, which has frontage on only on street other than an alley.

Lot, depth. The horizontal distance between front and rear lot lines.

Lot of record. A lot, the boundaries which are filed as legal record.

Lot, width. The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.

Lot area. The area contained within the boundary line of a lot. Required buffers and open spaces shall not be included within residential lots.

Lot line. A line bounding a lot which divides one lot from another or from a street or any other public or private space.

Micro-brewery. A brewery that produces less than fifteen thousand (15,000) barrels of beer per year.

Mini-warehouse. A building or group of buildings in a controlled-access and fenced compound that contains individual, compartmentalized and controlled-access stalls or lockers for the dead storage of customer's goods or wares.

Mission. A facility operated by a non-profit organization or for profit organization pursuant to a contract with or grant from a government agency providing emergency temporary or transient lodging, with nominal or no charge to persons receiving such lodging.

Mobile or manufactured home park. A lot or parcel with space improvements and utilities for the long-term parking of two (2) or more mobile or manufactured homes which may include services and facilities for the residents.

Mobile or manufactured home park space. A plot or ground within a mobile or manufactured home park designed for the accommodation of one unit.

Modular building unit or modular structure. Any building of closed construction, regardless of type of construction or occupancy classification, other than a mobile or manufactured home, constructed off-site in accordance with the applicable codes, and transported to the point of use for installation or erection. When meeting the requirements of the Modular Building's Construction Act (23-43-10 of the S.C. Code of Laws), said building unit or structure may be located in any of the city's several zoning districts.

Nonconformity. A nonconformity is any lot of record, use, building, structure or vegetation in existence prior to the effective date of this ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the ordinance.

Non-residential use. A principal use of land for other than residential purposes.

Nursing home. A facility with an organized nursing staff to provide intermediate or skilled care for residents.

Open space ratio. The open space ratio is a measure of the intensity of land use. It is arrived at by dividing the total amount of open space within the site by the total site area.

Parcel. A land area bounded by property lines that is recognized as such by the county assessor's office.

Park. A public facility open for recreation, with commercial activities for recreational uses only, open space and public gardens.

Parking space. An area, exclusive of passageways and necessary maneuvering space, that is used or intended to be used for temporary vehicle storage.

Premises. A lot, plot, or parcel of land including the buildings or structures thereon, under control by the same owner or operator together with all adjacent land.

Recreational vehicle. A recreational vehicle is defined as a vehicle, boat, trailer vehicle, or a combination of such that is designed to be used for recreational uses and is not used for commercial purposes. Examples of recreational vehicles include but are not limited to motor homes, camper trailers and boats with accompanying trailers.

Restaurant, full-service. A restaurant that serves alcoholic beverages where the sale of food and non-alcoholic beverages accounts for in excess of fifty (50) per cent of the establishment's gross revenues.

Sexually oriented businesses. Words and terms used to define such business operations include the following:

Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specific sexual activities" or "specified anatomical areas".

Adult bookstore or adult video store means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or

(2)

Instrumental, devices, or paraphernalia which are designed for use in connection with "specified sexual activities". A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore or adult video store so long as: one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "Specified sexual activities" or "specified anatomical areas".

Adult cabaret means a nightclub, bar, restaurant or similar commercial establishment which regularly feature:

(1)

Persons who appear in a state of nudity; or

(2)

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

(3)

Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the description of "specified sexual activities" or "specified anatomical area".

Adult motel means a hotel, motel or similar commercial establishment which:

(1)

Offers accommodations to the public for any form of consideration; proceeds patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproduction which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult-type of photographic reproductions; or

(2)

Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

(3)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

Adult theater means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".

Classification. Sexually oriented businesses are classified as follows:

(1)

Adult arcades.

(2)

Adult bookstores or adult video stores.

(3)

Adult cabarets.

(4)

Adult motels.

(5)

Adult motion picture theaters.

(6)

Adult theaters.

(7)

Escort agencies.

(8)

Nude model studios.

(9)

Sexual encounter centers.

(10)

Introductory services.

Escort means a person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency means a person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

Establishment means and includes any of the following:

(1)

The opening or commencement of any sexually oriented business as a new business; or

(2)

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

(3)

The addition of any sexually oriented business to any other existing sexually oriented business; or

(4)

The relocation of any sexually oriented business.

Introductory service means any person who, for financial consideration, offers to assist any person, meet any other person for social or personal purposes not connected with or forming a part of another lawful business or professional activity.

Nude model studio means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other person who pay money or any form of consideration.

Nudity or state of nudity means the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast.

Permittee and/or license means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

Person means an individual, proprietorship, partnership, corporation, association or other legal entity.

Seminude means a state of dress in which clothing covers no more than the genitals, pubic region, and aureole of the female breast, as well as portions of the body covered by supporting straps or devises.

Sexual encounter center means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

(1)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2)

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.

Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.

Specified anatomical areas means the male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.

Specified sexual activities means and includes any of the following;

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

(2)

Sex acts, normal or perverted, actual or stimulated, including intercourse, oral copulation or sodomy;

(3)

Masturbation, actual or simulated; or

(4)

Excretory function as part of or in connection with any of the activities set for in (1) through (3) above.

Substantial enlargement of a sexually oriented business means the increase in floor area occupied by the business by more than twenty-five (25) per cent, as the floor area exist on February 22, 1990.

Transfer of ownership or control of a sexually oriented business means and includes any of the following:

(1)

The sale, lease, or sublease of the business;

(2)

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

(3)

The establishment of a trust, gift, or similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

Shipping containers. A box, crate, or structure of any size and constructed of any durable material, the purpose of which is to convey, transport, package or store a product.

Sign. Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.

Sign, abandonment. A sign structure not containing a sign for one hundred twenty (120) continuous days, or a sign not in use for one hundred twenty (120) continuous days, or a sign advertising a business no longer occupying the site on which the sign exists or to which it refers.

Sign, animated. Any sign that uses movement or change of lighting to depict action or creates a special effect or scene.

Sign, awning, canopy or marquee. A sign that is mounted or painted on or attached to an awning, canopy or marquee.

Sign, banner. Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

Sign, bench. A sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.

Sign, billboard. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

Sign, building. Any sign attached to any part of a building.

Sign, changeable copy. A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight (8) times per day shall be considered an animated sign and not a changeable copy sign for purposes of this ordinance. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this ordinance.

Sign, face. The area or display surface used for the message.

Sign, free-standing. Any nonmovable sign not affixed to a building.

Sign, incidental. A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking", "entrance", "loading only", "telephone", and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.

Sign, permanent. A sign attached to a building, structure or the ground in some manner and made of materials intended for more than short term use.

Sign, political. A temporary sign, announcing political candidates or issues in connection with any national, state, or local election.

Sign, portable. A sign that is not permanently affixed to a building, structure or the ground.

Sign, projecting. A sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building.

Sign, roof. A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eaves line of a building with a gambrel, gable, or hip roof or the deckline of a building and a mansard roof.

Sign, temporary. A sign that is used only for a short period of time and is not permanently mounted.

Sign, wall. Any sign attached to and within six (6) inches of a wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such walls or building, and which displays only one sign surface.

Sign, window. A sign that is applied or attached to the exterior of a window or located in such manner within a building that it can be seen from the exterior of the structure through a window.

Small-scale distillery. An alcohol distillery where the maximum annual sales are less than one hundred thousand (100,000) proof gallons.

South Carolina Manufactured Housing Board. Is authorized by state statute to regulate the construction, repair, modification, installation, tie-down, hook-up, and sale of manufactured homes in South Carolina, which board has adopted for regulation of manufactured home the Federal Manufactured Housing Construction and Safety Standards, promulgated by HUD, and contained in the board's Manufactured Housing Regulations, May 26, 1990.

Street. Any thoroughfare (drive, avenue, boulevard), or space more than eighteen (18) feet in right-of-way width which has been dedicated, deed or designated for vehicular traffic, public or private.

Street, major. Includes all state primary and federal aid highways and streets that serve to circulate traffic on to, out or around the city, having signals at important intersections and stop signs on side streets and/or one having controlled access and channelized intersection.

Street, minor. A street designed principally to collect traffic from subdivisions and provide access to abutting property.

Street, private. A street not dedicated for public use or maintenance.

Structure. (As defined by the Standard Building Code).

Structural alterations. Any change in the supporting members of a building, such as the bearing walls, beams or girders, or any change in the dimension or configuration of the roof or exterior walls.

Travel trailer or recreational vehicle. A structure that (1) is intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle), and (2) is designed for temporary use as sleeping quarters, but that does not satisfy one or more of the definitional criteria of a mobile or manufactured home or modular unit.

Tree, grand. Excluding pine, sweetgum, and invasive-species trees, any tree twenty-four (24) inches or greater DBH.

Tree, healthy. A tree not showing obvious signs of disease or damage or a tree with a grade of A, B, or C according to a certified arborist

Tree, invasive-species. Tree species as designated by the South Carolina Forestry Commission.

Tree, mitigation. A native tree greater than two (2) inches DBH and less than ten (10) inches DBH found existing on the development site, including within buffer areas, and which is offered as a replacement tree. Mitigation trees must be identified on the site survey protected during site disturbance. Pine, sweetgum, and invasive-species trees shall not be used as mitigation trees.

Tree, protected. Excluding pine, sweetgum, and invasive-species trees, any tree ten (10) inches DBH and greater, on-site mitigation trees greater than two (2) inches DBH and smaller than ten (10) inches DBH, trees of six (6) inches DBH and greater in the Upper Dorchester SC642 High Intensity Commercial Node front forty-foot buffer.

Tree, replacement. A tree of at least two (2) inches DBH which is intended to replace a like number of tree inches cut as part of an approved tree cutting plan. Replacement trees shall be of the same species that was cut if native to the South Carolinian Lowcountry. If the species cut was not native, then a substitution may be approved by the zoning administrator on the affirmative recommendation of the city horticulturist.

Tree, significant. Excluding pine, sweetgum, and invasive-species trees, all other trees of at least ten (10) inches DBH and less than twenty-four (24) inches DBH.

Understory tree. A small tree that forms the layer of vegetation under the canopy trees in a forest. Examples of such trees include dogwoods, sourwoods, fruit trees and others.

Use, accessory. See building, accessory.

Use. The purpose or activity for which land or any building thereon is designed, arranged or intended, or for which it is occupied or maintained.

Use, institutional. A use is supportive of the residential community. These uses provide indoor space for recreation, hobbies, meetings, education, day care, and head start services, and worship as well as cultural facilities, group quarters for religious groups and the infirm or elderly. While some uses may be operated for private profit, they duplicate services that are generally provided by public or non-profit groups.

Use, principal. The primary purpose for which land is used.

Variance. A modification of the area regulations of this ordinance, granted by the board of zoning appeals, where such modification will not be contrary to the public interest, and where, owning to conditions peculiar to the property, a literal enforcement of the ordinance would result in unnecessary and undue hardship, and where such modification will not authorize a principal or accessory use of the property which is not permitted within the zoning district in which the property is located.

Vegetation. Any object of natural growth.

Wetlands. Areas of one-quarter (.25) acre or more where standing water is retained for a portion of the year and unique vegetation has adopted to the area. Jurisdictional wetlands are those over which the U.S. Corps of Engineers has permitting jurisdiction.

Yard. An open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is occupied and obstructed from the ground upward except as may be specifically provided by this ordinance.

Yard, front. A yard, which is intended as a public front, extending the full width of the front of a lot between the front (street) right-of-way line or property line and the front building line.

Yard, rear. A yard, which is not intended as a public front, extending the full width of the lot in the areas between the rear lot line and the rear building line and or areas that abut back alleys.

Yard, required. That part of a yard between the lot line and the minimum required building setback line, within which no structure shall be located except as provided by this ordinance.

Yard, side. A yard extending the full length of the lot in the area between the side lot line and a side building line.

Zoning district. A specifically delineated areas or district in the city within which regulations and requirements govern the use, placement, spacing and size of land and buildings.

(Ord. No. 1986-61, 12-11-86; Ord. No. 1987-20, 4-9-87; Ord. No. 1990-36, 7-12-90; Ord. No. 1992-37, § 1, 10-8-92; Ord. No. 1992-47, 11-5-92; Ord. No. 1993-7, 3-11-93; Ord. No. 1993-8, 3-25-93; Ord. No. 1995-52, 10-24-95; Ord. No. 1996-35, 7-25-96; Ord. No. 1996-47, 8-22-96; Ord. No. 1998-62, 7-23-98; Ord. No. 2002-068, 9-26-02; Ord. No. 2002-088, 11-26-02; Ord. No. 2006-62, 9-28-06; Ord. No. 2007-19, § (5), 4-26-07; Ord. No. 2009-13, 3-26-09; Ord. No. 2010-071, 10-28-2010; Ord. No. 2014-017, 3-27-2014; Ord. No. 2015-032, 8-27-2015; Ord. No. 2018-069, 12-20-2018; Ord. No. 2020-016, 2-27-2020; Ord. No. 2020-037, Exh. A, 8-27-2020; 2021-009, Exh. A, 2-25-2021; Ord. No. 2021-024, Exh. A, 3-25-2021; Ord. No. 2022-021, Exh. A, 3-24-2022; Ord. No. 2025-002, Exh. A, 1-30-2025)