Unless otherwise specified elsewhere in this ordinance uses permitted in the R-1, R-2, R-3 and AG zoning districts shall conform to the following standards:

(a)

Minimum total lot area per dwelling unit for R-1, R-2, and R-3:

1.

Single-family (detached) dwellings: Six thousand (6,000) square feet; provided however that homes in areas designated for traditional neighborhood development, mixed use, and/or in areas zoned R-2, Multi-Family Residential, may be established with four thousand five hundred (4,500) square feet of lot area per dwelling. Where replacing a nonconforming manufactured home park the minimum lot area requirement may be reduced administratively to allow the establishment of one (1) single-family detached dwelling unit per manufactured unit to be replaced; provided the following:

a.

For nonconforming mobile home parks greater than one (1) acre: Each new single-family unit must have a minimum of thirty (30) feet of frontage along a street which has been accepted for continual maintenance by the state, one (1) of its political subdivisions, or a homeowner's association or other responsible entity as outlined in section 18-40(d) of the subdivision regulations.

b.

For nonconforming mobile home parks less than one (1) acre: Each new single-family unit must have a minimum of one thousand (1,000) square feet per dwelling.

c.

A minimum of twenty (20) per cent of the new single-family units are dedicated for affordable units at fifty (50) per cent of the average median income for a period of twenty (20) years.

2.

Multi-family dwelling: One thousand five hundred (1,500) square feet per unit. Where common parking is provided, the minimum lot area may be reduced to one thousand two hundred (1,200) square feet.

3.

Single manufactured home: Six thousand (6,000) square feet per lot in Suburban Residential areas and four thousand five hundred (4,500) square feet per lot in Traditional Neighborhood and Mixed Use areas.

4.

Manufactured home park: Three (3) acres.

5.

Other principal uses: Not applicable.

(b)

Minimum total lot area AG:

1.

Four (4) acres.

2.

Other principal uses: Not applicable.

(c)

Single-family (detached) dwelling requirements:

1.

Front yards:

a.

Where fifty (50) per cent or more of the lots located on the same block between two (2) intersecting streets are developed, the average alignment of the buildings on the same side of the block within two hundred (200) feet of such lot shall be the minimum setback line, plus or minus two and one-half (2½) feet. For the purposes of these calculations, the frontage along the side line of a corner lot is excluded. Where parking is provided under an elevated structure, the front setback may be reduced by ten (10) feet.

b.

Where a minimum setback is not established as above, the setback shall be twenty (20) feet. Where parking is provided under an elevated structure, the front setback may be reduced by ten (10) feet.

c.

Porches and steps are considered to be a part of the main body of the house and may not encroach within the front yard setback.

d.

Detached accessory use structures and dwellings are not permitted in front yards.

e.

The primary entrance to the home shall be oriented toward a street frontage, unless positioned behind another dwelling unit.

2.

Side yards:

a.

For every building erected, there shall be a side yard along each lot line other than a street line or rear line, each side yard to have a minimum width of five (5) feet measured from the main body of the house to the property line; provided, however, that on newly subdivided lots zoned R-1 in areas with the suburban residential future land use designation, or used for single-family residential purposes, the minimum side yard set-back for one (1) side yard shall be at least ten (10) feet. For the purpose of this section, porches, decks (including pools located in decks), carports, attached garages (including attached via a maximum six (6) foot wide, fully enclosed, and conditioned breezeway), covered patios, HVAC units, and steps are considered to be a part of the main body of the house. All dimensions to be computed from the property line. This change will only apply to single-family residential uses and lots where development begins after October 25, 2007. This change shall not apply to substandard lots of record.

b.

Where a side yard abuts a street, the minimum side yard along the street shall be at least ten (10) feet.

c.

Inground pools are allowed in side yards with a three (3) foot setback from property lines. Detached accessory use structures and dwellings may be allowed in side yards when it has been determined to the satisfaction of the zoning administrator that the proposed improvements may not practicably be located within the rear yard, as defined below, due to positioning of the principal dwelling, easements, existing trees, wetlands, or other such factors. These accessory use buildings shall not, however, be situated along a front yard of an adjacent parcel. Such accessory use building shall not be more than eighteen (18) feet in height to the ridge, or the height of the existing residence, whichever is less, and at least six (6) feet from any structure and three (3) feet from any interior line.

3.

Rear yards:

a.

Every building erected shall have a rear yard. In a class R-1 district the least dimension of a rear yard shall be at least fifteen (15) per cent of the depth of the lot; but such least dimension need not be more than thirty (30) feet. Forty (40) per cent of the area of the rear yard may be occupied by:

(i)

An accessory building not more than eighteen (18) feet in height to the ridge, or the height of the existing residence, whichever is less, and at least six (6) feet from any structure and three (3) feet from any interior line.

(ii)

An accessory dwelling, not to exceed the height of the existing residence and at least six (6) feet from the principal dwelling, three (3) feet from any interior line, and five (5) feet from any right-of-way line. An accessory dwelling located above a detached garage shall not exceed twenty-four (24) feet in height to the ridge, if the primary dwelling is a single story.

b.

Inground pools are allowed in rear yards with a three (3) foot setback from property lines.

4.

Maximum lot occupancy: Sixty-five (65) per cent.

5.

Exemption for lots created by the replacement of a nonconforming manufactured home park: Required setbacks and maximum lot occupancy for lots created by the replacement of a nonconforming manufactured home park may be reduced administratively by up to fifty (50) per cent. Greater reductions shall require a variance in accordance with article VII.

(d)

Multi-family residential dwelling requirements:

1.

Front yards:

a.

The minimum front yard depth for buildings in multi-family districts shall be twenty (20) feet;

b.

The minimum front yard depth for town and row houses is twenty-five (25) feet on interior units. A minimum twenty (20) foot setback shall be required on end units where automobile parking or storage within the residence with entry from the front. If parking can be accommodated under an elevated structure, on the end or rear of units, or on property held in common by the townhouse development owners having adequate access to a dedicated public street, the front setback may be reduced to ten (10) feet.

2.

Side yards:

a.

The minimum side-yard depth for buildings in multi-family districts shall be (ten) 10 feet.

b.

For row-houses or townhouses, a side yard at least ten (10) feet in width shall be provided between the end of a row and a side lot line or side street line.

3.

Rear yards:

a.

The rear yard setback in the R-2 district shall not be less than twenty (20) feet. Forty (40) per cent of the area of the rear yard may be occupied by a one-story accessory building not more than eighteen (18) feet in height to the ridge, or the height of the existing residence, whichever is less, and at least six (6) feet from any structure and three (3) feet from any interior line.

b.

For row-houses or townhouses, the rear yard depth shall be at least twenty (20) feet from the main building line to the rear property line. Such measurements shall be made without regard to attached or detached storage, utility or covered patio areas.

4.

Lot width:

a.

For townhouses or row-houses, the minimum width of the portion of the lot on which each town house unit is to be constructed shall be eighteen (18) feet. Where common parking is provided, the minimum lot width may be reduced to fourteen (14) feet. Where side yards are required, the minimum lot width shall be increased accordingly.

5.

Maximum lot occupancy: Seventy (70) per cent.

(e)

R-3 mobile/manufactured homes: The following standards shall apply to any newly developed manufactured home site located on a single lot of record. Parks and home sites approved prior to the adoption of this section remain subject to the standards under which they were originally approved. For the purpose of this section, the manufactured home on any newly developed site shall be oriented similar to a majority of the existing dwellings on the same block, including across the street. Should there not be enough yard area to meet the setbacks due to orientation, the zoning administrator is authorized to issue an administrative variance to reduce the setbacks up [to] fifty (50) per cent.

1.

Front yards:

a.

Each individual mobile/manufactured home shall be at least twenty (20) feet from the right-of-way of any street or drive providing common circulation. For the purpose of this section, an attached porch, steps, carport or garage shall be considered the main body of the home.

2.

Side yards:

a.

A minimum of ten (10) feet shall be provided from the main body of the mobile/manufactured home to the property line. For the purpose of this section, an attached porch, steps, carport or garage shall be considered the main body of the home. All dimensions to be computed from the property line.

b.

Detached accessory use structures may be allowed in side yards when it has been determined to the satisfaction of the zoning administrator that the proposed improvements may not practicably be located within the rear yard, as defined below, due to positioning of the principal dwelling, easements, existing trees, wetlands, or other such factors. These accessory use buildings shall not, however, be situated along a front yard of an adjacent parcel. Such accessory use building shall not be more than eighteen (18) feet in height to the ridge, or the height of the existing residence, whichever is less, and at least six (6) feet from any structure and three (3) feet from any interior line.

3.

Rear yards:

a.

The rear yard shall be fifteen (15) feet from the manufactured home to the rear property line or mobile home space. For the purpose of this section, an attached porch, steps, carport or garage shall be considered the main body of the home. Forty (40) per cent of the area of the rear yard may be occupied by a one-story accessory building not more than eighteen (18) feet in height to the ridge, or the height of the existing residence, whichever is less, and at least six (6) feet from any structure and three (3) feet from any interior line. An accessory building shall not be used as a dwelling.

4.

Maximum lot occupancy: Sixty-five (65) per cent.

(f)

Special provisions for garden and cluster units in R-1 and R-2 zoning districts:

1.

Maximum dwelling unit density: The maximum dwelling unit density shall not exceed ten (10) units per acre including any such property dedicated for public use or ownership in common, excluding dedicated public roads.

2.

Per cent of lot occupancy: No dwelling unit may occupy more than fifty (50) per cent of a lot. This does not include attached or detached utility, storage, garage, or a covered patio area that may protrude from the main building line.

3.

Side yard requirements: A minimum side yard of five (5) feet shall be provided on one (1) side and a minimum of ten (10) feet shall be provided on the other side yard.

4.

Clothes lines: All yard areas used for the drying of clothes shall be screened from view of the adjoining yards and lots.

5.

Parking: Two (2) parking spaces shall be provided on the site of the garden or cluster housing unit.

6.

Material to be submitted for planning commission review: All applicants for garden and cluster housing developments for site in R-1 single-family areas designated for traditional neighborhood development shall first submit site plans including details such as number, location, and orientation of dwelling units; plans for off-street parking and service areas; ingress and egress arrangements with a copy of the legal documentation for common ownership and public ownership to the zoning department for review and recommendation to the planning commission. The commission, after due consideration at a public meeting, is hereby authorized and empowered to approve the said plans. garden and cluster developments proposed in R-2 multi-family zoning districts shall be submitted to the zoning department for review and do not require planning commission review or approval.

(g)

Landscape plan: In class R-2 and R-3 districts a landscape plan must be submitted and approved prior to the issuance of building permits. The landscape plan must meet the buffering requirements set forth elsewhere within this article.

(h)

Exemption for publicly-owned projects: Required setbacks and maximum lot occupancy for residential lots occupied by publicly-owned projects may be reduced administratively at the discretion of the zoning administrator. This exemption does not relieve the applicant of the need to meet any other applicable codes.

(Ord. No. 1985-17, 3-28-85; Ord. No. 1995-52, 10-24-95; Ord. No. 1996-46, 8-22-96; Ord. No. 1997-32, 5-22-97; Ord. No. 1998-51, 5-28-98; Ord. No. 1998-85, 9-24-98; Ord. No. 1998-107, 12-22-98; Ord. No. 2005-21, 4-28-05; Ord. No. 2006-10, 3-23-06; Ord. No. 2007-75, 10-25-07; Ord. No. 2009-50, 9-24-09; Ord. No. 2021-048, Exh. A, 6-24-2021; Ord. No. 2022-009, Exh. A, 1-27-2022; Ord. No. 2022-022, Exh. A, 3-24-2022; Ord. No. 2023-028, Exh. A, 5-25-2023; Ord. No. 2024-046, Exh. A, 11-26-2024; Ord. No. 2025-002, Exh. A, 1-30-2025)

Uses allowable in the R-1 zoning districts shall be subject to the requirements of section 6-1. Other uses permitted in the ON zoning district shall be required to conform to the following standards:

(a)

(1)

Maximum height: Maximum height is twenty-five (25) feet measured at the highest point of the building.

(2)

Minimum front yard, measured from the nearest abutting right-of-way line: Ten (10) feet.

(3)

Minimum side and rear yard: A minimum rear and side yard of ten (10) feet shall be required along each rear [and] side lot line; except that where a firewall meeting the standards of the current edition of the city's building code is constructed at the property line; the side or rear yard requirement may be waived along the respective side or rear lot line.

(b)

Landscape plan: A landscape plan must be submitted and approved prior to the issuance of building permits. The landscape plan must meet the buffering requirements set forth elsewhere within this article.

(Ord. No. 1991-16, 5-9-91; Ord. No. 1995-52, 10-24-95; Ord. No. 1996-46, 8-22-96; Ord. No. 1997-32, 5-22-97; Ord. No. 1998-51, 5-28-98; Ord. No. 1998-107, 12-22-98; Ord. No. 2016-014, 3-24-2016)

Uses allowable in the R-1 and R-2 zoning districts shall be subject to the requirements of section 6-1; otherwise, uses permitted in the B-1 and B-2 zoning districts shall be required to conform to the following standards:

(a)

Minimum front yard, measured from the nearest abutting right-of-way line: Ten (10) feet. Provided however, that on a street frontage between two (2) intersecting streets where more than fifty (50) per cent of such frontage is improved with buildings that are built at or near the street line, the average alignments of existing buildings shall be the minimum setback line. The Type A buffer requirement shall be waived for any location having a front yard setback of less than ten (10) feet.

(b)

A landscape plan must be submitted and approved prior to the issuance of building permits. The landscape plan must conform to the landscape and buffering requirements set forth elsewhere within this article.

(c)

Minimum side and rear yard: A minimum rear and side yard of ten (10) feet shall be required along each rear side lot line; except that where a firewall meeting the standards of the current edition of the city's building code is constructed at the property line; the side or rear yard requirement may be waived along the respective side or rear lot line.

(Ord. No. 1991-16, 5-9-91; Ord. No. 1995-52, 10-24-95; Ord. No. 1996-42, 8-22-96; Ord. No. 1996-46, 8-22-96; Ord. No. 1997-32, 5-22-97; Ord. No. 1998-51, 5-28-98; Ord. No. 1998-70, 8-13-98; Ord. No. 1998-107, 12-22-98; Ord. No. 1999-13, 2-25-99; Ord. No. 2003-005, 1-23-03; Ord. No. 2009-50, 9-24-09; Ord. No. 2021-009, Exh. A, 2-25-2021)

Prior to submission of application for building permits, an applicant must first meet with the planning director or his designee to discuss the proposed improvements and their relationship to the city's urban design guidelines. Such meeting should be conducted early in the design process.

Uses permitted in the CRD zoning district shall be required to conform to the following standards:

(a)

Lot area: All lots shall have a minimum total lot area of ten thousand (10,000) square feet.

(b)

Front yard:

1.

All frontage on the public street shall be considered as a front property line for purposes of front yard requirements.

2.

All buildings shall have a minimum setback of ten (10) feet from the nearest abutting street.

(c)

Side yard: A minimum side yard of ten (10) feet shall be required along each side lot line; except that where a firewall meeting the standards of the current edition of the city's building code is construed at the property line, the side yard requirement may be waived along the respective side lot line.

(d)

Rear yard: A minimum rear yard of fifteen (15) feet shall be required along the rear lot line.

(e)

Landscaping: A landscape plan must be submitted and approved prior to the issuance of building permits. The landscape plan must meet the buffering requirements set forth elsewhere within this article.

(Ord. No. 1995-8, 3-23-95; Ord. No. 1998-51, 5-28-98; Ord. No. 1998-107, 12-22-98)

Prior to submission of applications for building permits, site work permits, and/or plats, an applicant must first submit a concept plan for staff review and subsequent discussion. The concept plan shall include all streets, stormwater, parking, and overall land use layout to ensure consistency with overall NBRD district intent.

(a)

Building placement and setbacks.

1.

All streets in the NBRD shall be platted with frontages designated either as build to the front property line or build to the front set back line, as noted in the below design standards chart. These lines will be established at the time of preliminary plat submittal and shall be shown on the recorded plat. On corner lots, the accessory buildings along a street frontage must conform to the building placement requirements for that street.

2.

Any building or structure shall be constructed so that a minimum of eighty (80) per cent of the lot frontage is occupied by a building façade that abuts the front property line or the front set-back/build-to line. Building façade indentations or extensions which are part of the building's architectural design shall count toward the minimum eighty (80) per cent lot frontage requirement. The remaining twenty (20) per cent of the lot frontage abutting the front property line shall be occupied by an appropriate screen wall, as described in Section (c)2 below.

On a corner lot the building facades shall occupy at least eighty (80) per cent of the frontage on the primary street and no less than twenty-five (25) per cent on the secondary street with the remainder of the frontage on the secondary street being occupied by an appropriate screen wall, as described in Section (c)2 below.

On a corner lot, the abutting building frontages must extend to the corner or have a corner entrance.

Stoops and open porches, bay windows, and balconies may extend up to four (4) feet into the right-of-way, with an encroachment permit from the city, provided at least five (5) feet of clear sidewalk passage remains.

(b)

Building height: In order to protect the character of the Charleston Navy Yard Historic District, as listed on the National Register of Historic Places, a height district is established as shown in the below map:

(c)

Landscaping, fences, and walls:

1.

A landscape plan must be submitted and approved prior to the issuance of any permits. The landscape plan must meet the requirements below:

a.

No buffers shall be required.

b.

Any proposed landscaping of the structure shall consist of native species that are complementary to the streetscape and surrounding development.

2.

Fences or walls of 3'6" to 8'0" are required on un-built portions of build to- set-back lines or build to front property lines on street frontages

a.

Chain-link fencing is prohibited, as well as mesh and tarp.

b.

Fences and walls which face adjacent commercial properties or can be seen from the right-of-way: Façades in excess of fifteen (15) feet in length shall be adorned with either vegetative growth (vertical gardens or green walls must remain green throughout the year), decorative elements, or artistic murals, so long as the mural is not a sign or advertisement.

(d)

Street standards:

1.

Street trees are required in order to contribute to the definition of the streetscape and will be selected to create a street canopy that provides effective shade for pedestrians and vehicles. They will be planted to provide separation of the sidewalk from the street curb. A canopy tree with a minimum caliper of six (6) inches shall be planted every fifty (50) feet within the right-of-way. Species such as Southern Red Oak, Live Oak, Willow Oak, Elm varieties, and Nuttall oaks shall be used, with tree types to be consistent within each block and evenly spaced, with exceptions made for curb cuts, utilities, and other obstructions. In a park setting, trees may be planted on the subject parcel if requested by the applicant for design flexibility at the ratio of one (1) tree per fifty (50) feet of street frontage.

2.

All streets shall have a minimum four-inch vertical curb.

3.

Sidewalks are required along all streets as follows:

a.

Noisette Boulevard: Ten (10) feet, both sides.

b.

All other streets: Five (5) feet, both sides.

During concept review, wider sidewalks may be required by staff.

4.

To the extent practicable, utility services shall be located in rear alleys.

(e)

Parking:

1.

Parking shall not be located between a structure and a street.

2.

Parking standards for the NBRD Zoning District shall be as per the chart below:

3.

Uses not specified in the table above shall default to the zoning regulations' prevailing parking standards.

4.

On-street parking created as a part of the project may be counted toward the project's required parking.

(f)

Connectivity: In all cases, ease of pedestrian access between proposed developments and adjacent developments shall be required in the development of a proposed project's site and circulation plans and include pedestrian connectivity, both internally and externally to the site. Each parcel shall be developed with the intention to create a harmonious connection to the neighboring developments, whether preparing to connect with a future development or to tie into the connections that were created by the adjacent parcels' previous development.

(g)

Open spaces: For all commercial uses, a minimum of three (3) per cent of the development acreage shall be designed and utilized as open space and/or parks in the form of active and passive parks, plazas, or public gathering spaces for any development project.

(h)

Architectural character: Buildings, walls, and fences should be designed to complement the architectural character of the adjacent buildings, including materials, window patterns and spacing, ornamentation, orientation, and scale.

(i)

Utilities: All utilities, including, but not limited to electric utilities, telecommunications, fiber, or cable providers, shall be placed underground. All junction and access boxes shall be screened with sufficient evergreen vegetation so as to obscure them from view. All small wireless facilities shall utilize concealment elements, and disguised as a hardscaped or softscaped amenity, such as benches; flower boxes, or decorative poles when located in or adjacent to any rights-of-way. All utility pad features and meters shall be shown on the site plan and are subject to building setbacks.

(j)

Lighting:

1.

All lighting sources, with the exception of parking area pole-mounted light fixtures, shall be shielded in order to avoid glare. Under no circumstances shall light sources be visible. Up-lighting of significant trees is strongly encouraged as is landscape lighting along walks, paths, and at plazas.

2.

Architectural light fixtures and poles should blend with the architecture of the buildings. Pole-mounted fixtures are limited to poles of a maximum of fourteen (14) to sixteen (16) feet in height. Fixtures and the poles on which they are to be mounted shall be consistent in their appearance throughout the district.

(k)

Streetscapes:

1.

Retail spaces located on ground floors must include a minimum of three (3) out of the six (6) items listed below:

(i)

Storefront windows (for merchandise on display which increases pedestrian interest)

(ii)

Stores accessible by pathways through the right-of-way

(iii)

Pedestrian-scale lighting

(iv)

Projecting signs, hanging signs, sandwich boards, corner signs, creative advertising

(v)

Flags and banners

(vi)

Sidewalk displays

2.

Commercial properties must incorporate greenscapes (environmentally beneficial landscape techniques) through the inclusion of a minimum of one (1) of the four (4) items listed below:

(i)

Incorporate greenscaped passageways that invite people to walk and experience a livable urban environment

(ii)

Create park like nooks along buildings

(iii)

Install fountains/water features, sculptures, private gathering spots

(iv)

Create garden art via topiaries or planters (stand alone or wall mounted)

3.

Projects must include street furniture along streets by installing a minimum of three (3) out of the five (5) items listed below. All site and street furnishings shall be of commercial grade. Submit pictures and color samples for approval.

(i)

Trash receptacles

(ii)

Bicycle racks or storage facilities

(iii)

Benches, tables, chairs, joggling boards

(iv)

Cigarette disposal stations, pet watering stations, water fountains

(v)

Potted plants or planter boxes

(l)

Signage: All signs shall meet the minimum size and height requirements specified below:

1.

Wall signs and window signs (commercial): One (1) square foot of wall and window signage combined will be permitted per each linear foot of building frontage, along the entirety of the building's orientation, up to and not exceeding fifteen (15) per cent of the area of the building facade on which the sign is to be displayed. Window signage shall not exceed twenty-five (25) per cent of the window area.

(i)

The area of a sign shall be the total area within the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with the total area of any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall

(ii)

Area of each panel individually shall be calculated and added together to determine the total sign area

(iii)

A maximum of three (3) building signs shall be permitted for each business establishment on the ground floor. A maximum of two (2) building signs shall be allowed for each second-level and third-level business establishment having a facade that faces a street. For purposes of this section, "second-level and third-level" means those building floor levels immediately above sidewalk-level. The combined area of these permitted building signs shall not exceed fifteen (15) percent of the total area of the wall of the front of each said business establishment, and in no case shall any individual sign exceed 200 square feet. Notwithstanding these provisions, every business establishment shall be entitled to at least 60 square feet total combined sign area.

(iv)

Building signs on corner lots: For corner lots, one additional building sign for the business establishment occupying the corner space shall be permitted, provided it is oriented toward the additional street frontage. The total area of said sign shall not exceed ten (10) percent of the total area of the wall of said building occupied by such business establishment and oriented toward the additional street frontage, or sixty (60) square feet, whichever is less.

(v)

Multi-tenant signs: In addition to the signs otherwise authorized in this section, buildings with three (3) or more tenants shall be permitted one (1) single building sign. Said sign shall be erected as a wall sign and shall not exceed one hundred (100) square feet in sign area. Where a building with three (3) or more tenants faces two (2) or more streets, two such multi-tenant signs shall be authorized provided that each is oriented toward a different street.

2.

Projecting signs:

(i)

Any use other than residential activities may display one (1) projecting sign adjacent to each street, highway, freeway, or off-street parking area on which it has frontage.

(ii)

Projecting signs may not exceed sixty-five (65) square feet in area.

(iii)

A use may display both ground and projecting signs if no more than one of these signs is more than twelve (12) square feet in area.

(iv)

Projecting signs must clear public sidewalks by at least nine (9) feet and may project no more than three (3) feet from a building or one-third (⅓) the width of the sidewalk, if any, whichever is less. Any encroachment greater than three feet shall require an encroachment permit from the department of public works.

(v)

Projecting signs must be pinned away from the wall at least six (6) inches and must project from the wall at an angle of ninety (90) degrees.

(vi)

Projecting signs may not extend vertically above the windowsill of a second story.

3.

Building signature signs:

(i)

A wall sign, erected on a building four or more stories in height and actually occupied by a principal occupant shall be considered a building signature sign. For purposes of this section, no part of a parking deck shall be used in calculating the height of a building.

(ii)

Only one building signature sign shall be allowed on any side elevation of the building and further provided that no building shall contain more than one such sign per side elevation.

(iii)

Building signature signs are allowed only on buildings four (4) or more stories in height provided no part of such sign shall extend above the top of the building.

(iv)

The area of a building signature sign shall not exceed five (5) percent of the area of the wall to which it is affixed, and shall not be included in computing the total area of signage imposed for other signs.

(v)

Building signature signs shall be allowed only for an owner or principal occupant, defined as a building owner or tenant who occupies a minimum of twenty-five (25) percent of the floor space, or one hundred thousand (100,000) square feet of the floor space, of a specific building that is available for occupancy. Any lease for the required amount of floor space is to be for a period of not less than five (5) years. Changes in ownership or occupancy that result in non-compliance with this chapter shall require the removal of the subject sign.

(vi)

An applicant seeking permission to erect a building signature sign shall provide notarized documentation that it has an ownership interest in the building or that it meets the conditions required to be considered a principal occupant and has permission from the owner to make the application. In determining the level of ownership necessary to qualify as an owner, the city presumes, based on the documentation required to be produced, that the applicant has made such arrangements with other claiming ownership interest as may be necessary to allow the applicant to claim that it may apply for the sign as an owner.

4.

Other sign provisions:

(i)

Internally lit plastic signs are prohibited.

(ii)

No exposed raceways, ballast boxes, sign cabinets, or electrical transformers shall be permitted.

(iii)

Sign company names or stamps shall be concealed inside the sign cabinets. Internal sign cabinet illumination is not permitted; instead use ground or building lighting.

(iv)

Raised or relief letters, logos, graphics, or any other relief shapes may be acceptable solutions to further add dimensions to the sign face.

(v)

Neon signs will be considered when appropriate to the building design and business function.

(vi)

Attached banner signs that are a temporary sign of cloth, plastic, paper or similar nonrigid material attached to any structure and anchored on two (2) or more edges or at all four (4) corners are permitted up to a maximum of fifty (50) square feet per structure, in addition to other wall/window/projected signage permitted.

(vii)

Illustrations on buildings that contain no references to products or services, otherwise known as murals, shall not be considered signs.

(viii)

All other signs, including, but not limited to monument and portable signs, shall follow section 8-11, signs permitted in commercial and industrial districts.

5.

Temporary signage:

(i)

One construction sign is permitted per commercial project.

(ii)

The sign may denote the following: project rendering, project logo (if applicable, broker or contractors' logos will not be permitted), project name, tag line of project (if applicable), owner, architect, builder, landscape architect, engineer, financial institution, "For Information", website of project (if applicable, brokers' information will not permitted), phone number, or other pertinent information about the project will be permitted during construction.

(iii)

The construction sign shall not exceed thirty-two (32) square feet in area.

(iv)

Permits to be displayed during construction shall be attached to the backside of the construction sign.

(v)

Additional individual signs for sub-contractors, material suppliers and lending institutions will not be permitted.

(vi)

Temporary signage will be allowed for new businesses to NBRD properties. Temporary signage will be allowed for a maximum of sixty (60) days from the approval date. Temporary signage should not obstruct views from passing cars.

6.

Maintenance of signs: Any signs not meeting the following provisions shall be maintained, repaired, or removed within thirty (30) days after receipt of notification by the zoning inspector or his/her designee:

(i)

The area around the sign shall be properly maintained and clear of brush, trees and other obstacles around the sign that may obscure the sign face so as to make sign face readily visible.

(ii)

All inoperable lighting or damaged panels must be repaired or replaced.

(iii)

All sign copy shall be maintained securely to the face and all missing copy must be replaced.

(iv)

All signs shall be maintained in a structurally safe condition.

(m)

Applicability. Where the requirements of this subsection conflict with the requirements, conditions, or permits of other regulatory agencies or utility providers, the zoning administrator may (but shall not be required to) administratively permit a reasonable modification without the necessity of a variance being obtained.

(Ord. No. 2023-010, Exh. A, 2-23-2023)

The uses permitted in the M-1 districts shall conform to the following standards:

(a)

Minimum lot area: One-half (½) acre;

(b)

Minimum lot width, measured at the building line: One hundred (100) feet;

(c)

Minimum front yard, measured from the nearest abutting street right-of-way line: Twenty-five (25) feet;

(d)

Minimum side yard: A minimum side yard of ten (10) feet shall be required along each side lot line, except that where the property abuts a residential district or residential use fifty (50) feet shall be required.

(e)

Minimum rear yard: A minimum rear yard of ten (10) feet shall be required along the rear lot line, except that when the property abuts a residential district or residential use fifty (50) feet shall be required.

(f)

Landscape plan: A landscape plan must be submitted and approved prior to the issuance of building permits. The landscape plan must meet the buffering requirements set forth elsewhere within this article.

(Ord. No. 1986-63, 12-11-86; Ord. No. 1992-52, 12-3-92; Ord. No. 1995-52, 10-24-95; Ord. No. 1996-9, 3-28-96; Ord. No. 10, 3-28-96; Ord. No. 1996-14, 3-28-96; Ord. No. 1996-46, 8-22-96; Ord. No. 1998-51, 5-28-98; Ord. No. 1998-107, 12-22-98; Ord. No. 2021-049, Exh. A, 6-24-2021)

Uses allowable in the M-2 zoning districts shall be subject to the requirements of section 5-6; otherwise, uses permitted in the M-2 districts shall conform to the following standards:

a.

Area requirements.

1.

Minimum lot area: Five (5) acres;

b.

Yard and setback requirements.

1.

Minimum lot width, measured at the building line: Four hundred (400) feet;

2.

Minimum front yard depth, measured from the nearest abutting street right-of-way line: Fifty (50) feet;

3.

Minimum side yard width: A minimum side yard of at least one hundred (100) feet shall be required along each side lot line;

4.

Minimum rear yard depth: Fifty (50) feet.

c.

Impact of overlay districts on lot requirements. Where M-2 heavy industrial property is located within an overlay district specifying required buffers, a setback shall be required of a size equal to the greater of: (a) any specifications set forth elsewhere with section 5-6; or (b) the width of the required overlay zone buffer plus an additional five (5) feet.

d.

Landscaping. A landscape plan must be submitted and approved by the zoning administrator prior to the issuance of building permits. The landscape plan must meet all applicable buffering requirements set forth elsewhere in this Code. See also additional requirements contained within Article VI of the Zoning Ordinances of the City of North Charleston.

(Ord. No. 2010-044, 7-22-2010)

Editor's note— Ord. No. 2006-48, adopted July 25, 2006, repealed § 6-5 in its entirety. Formerly, said section pertained to special requirements for town or row houses as enacted by Ord. No. 1985-15, adopted March 14, 1985; as amended. The user's attention is directed to § 5-2 of this Code for similar provisions.

Mobile homes established after the effective date of this ordinance and mobile homes existing on the effective date of this ordinance, including the relocation and replacement thereof shall:

(1)

Be installed in accord with the installation requirements of section 19-425.43 of the South Carolina Manufactured Housing Board Regulations,

(2)

Be underskirted around the entire home with brick, masonry, vinyl, treated wood, painted or stained, or similar material designed and manufactured for permanent outdoor installation,

(3)

Have installed or constructed and attached firmly to the mobile home and anchored securely to the ground, stairs, porches, entrance platforms, ramps or other means of entrance and exit to the mobile home in accord with applicable building codes,

(4)

Have all moving or towing apparatus removed or concealed with skirting, including hitch, wheels and axles,

(5)

Not be joined, affixed or in any way combined with another mobile home unless such units are fully enclosed by common exterior siding completely encircling said units, together with a unified roof, approved by the city building official or his/her designee.

Mobile homes in existence on the effective date of this ordinance shall within six (6) months of such date be brought into compliance with the requirements of this section, or be declared by the zoning administrator, chief building official, or other designee, to be in violation of the provisions herein, subject to penalties as provided in section 7-4.

(Ord. No. 1998-99, 12-11-98)

The establishment and operation of mobile home or manufactured home parks in North Charleston shall comply with the following design and development standards:

(1)

The park site shall be not less than three (3) acres, and have not less than two hundred (200) feet frontage on a public dedicated and maintained street or road.

(2)

The park shall be served by public water and sewer systems, a system of storm drainage, and refuse disposal facilities, plans of which shall be approved by local DHEC officials.

(3)

Each dwelling space shall abut an all-weather and surface driveway which shall not be less than eighteen (18) feet in width, and which shall have unobstructed access to a street.

(4)

The bylaws or covenants of any homeowners association or other similar group maintenance agreement may be placed on file with the city.

(5)

All on-site roadway intersections shall be provided with a street light and interior lights shall be provided at not less than 400-foot intervals.

(6)

Each individual home site shall be at least twenty-five (25) feet from any other site and at least twenty-five (25) feet from the right-of-way of any street or drive providing common circulation.

(7)

Not less than twenty (20) per cent of the park site shall be set and developed for common open space and recreation usage. See section 6-15.

(8)

Space numbers: Permanent space numbers shall be provided on each mobile home space and shall be located so as to be visible from the street or driveway. Signs identifying space locations shall be provided at each street or driveway intersection.

(9)

No mobile or manufactured home space shall have direct access to a public street, but shall instead access an internal driveway system.

(10)

The maximum number of mobile home or manufactured home spaces shall not exceed seven (7) per acre.

(11)

Two (2) parking spaces shall be provided for each designated mobile or manufactured home space. Two (2) parking spaces shall be provided for each designated mobile or manufactured home space or in community parking areas.

(12)

In the development of a park, existing trees and other natural site features shall be preserved to the extent feasible.

(13)

Bufferyards shall be provided on the perimeter of the park or court in accord with the requirements of section 6-1.

(14)

License required, revocation: A business license shall be requisite to the opening or operation of a mobile or manufactured home park and shall be subject to annual renewal. License revocation proceedings may be initiated at the request of the zoning administrator in accord with the City of North Charleston's standard procedures.

(15)

Site plan required: A site plan showing the above required data, and in all other respects meeting the minimum requirements for a building permit shall accompany all applications to establish a mobile or manufactured home park.

(Ord. No. 1998-99, 12-11-98)

In order to promote the general welfare of the city through the appropriate intermingling of garden and cluster housing with other types of housing and to insure that new developments shall contribute to the building of economically sound and desirable living areas within the community, the following regulations shall be applied to garden and cluster housing in R-1, R-2, R-3, B-1 and B-2 districts.

(a)

Maximum dwelling unit density: The maximum dwelling unit density shall not exceed ten (10) units per acre including any such property dedicated for public use or ownership in common, excluding dedicated public roads.

(b)

Per cent of lot occupancy: No dwelling unit may occupy more than fifty (50) per cent of a lot. This does not include attached or detached utility, storage, garage, or a covered patio area that may protrude from the main building line.

(c)

Side yard requirements: A minimum of ten (10) feet shall be provided between all buildings separated by a lot line.

(d)

Zero lot line: Garden and cluster housing may be built with zero lot line on one (1) side wall provided that there are no openings in any such wall and that a five-foot maintenance easement shall be provided adjacent to said wall.

(e)

Special requirements:

1.

Any building established with garden or cluster housing which does not face directly on a public street shall be provided with access to a public street.

2.

All yard areas used for the drying of clothes shall be screened from view of the adjoining yards and lots.

3.

Two (2) parking spaces shall be provided either partially or wholly on or off the site of the garden or cluster housing unit.

(f)

Material to be submitted for planning commission review: All R-1 district applicants for garden and cluster housing developments shall first submit architectural plans including details such as number, location, and orientation of dwelling units; plans for off-street parking and service areas; ingress and egress arrangements with a copy of the legal documentation for common ownership and public ownership to the department of planning and management for review and recommendation to the planning and zoning commission. Which commission, after due consideration at a public meeting, is hereby authorized and empowered to approve the said plans.

(g)

Material to be submitted for administrative review: All R-2 district applicants for garden and cluster housing developments shall first submit architectural plans including details such as number, location, and orientation of dwelling units; plans for off-street parking and service areas; ingress and egress arrangements with a copy of the legal documentation for common ownership and public ownership to the zoning department for administrative review.

(Ord. No. 1985-48, 6-27-85; Ord. No. 1985-69, 10-24-85; Ord. No. 2011-040, 8-25-2011)

Editor's note— Ord. No. 1999-13, adopted February 25, 1999, repealed § 6-9. Formerly, said section pertained to requirements in UD-1 high density urban district. See the Code Comparative Table.

Editor's note— Ord. No. 1999-13, adopted February 25, 1999, repealed § 6-10. Formerly, said section pertained to requirements in UD-2 high density urban district. See the Code Comparative Table.

Editor's note— Ord. No. 1999-13, adopted February 25, 1999, repealed § 6-11. Formerly, said section pertained to requirements in UD-P, urban district pedestrian way. See the Code Comparative Table.

(a)

Definition and purpose. A buffer is an area of land, together with plantings, fences, or walls designed to ameliorate potential negative impacts between adjacent land uses and streets, promote land use compatibility, and transition and beautify between uses.

(b)

Location. Buffer areas shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line. For purposes of complying with this section, they shall not be located on any portion of an existing street or right-of-way; however, they may occupy part or all of any required front, side or rear yard setback. Where specified by this section, buffer areas and/or buffer area structures shall be developed as an integral part of the proposed use.

(c)

Design standards. Three (3) types of buffer areas are required by this ordinance, Type A, Type B, and Type C. A description of each follows:

(1)

Type A buffer area required. The Type A area consists of low density landscaping between a proposed use and the adjacent street, providing separation between the two. The buffer area shall be a minimum width of five (5) feet. Per one hundred (100) lineal feet of frontage, the buffer area shall consist of a combination of not less than twenty (20) ornamental shrubs, two (2) canopy trees and three (3) understory trees.

(2)

Type B buffer area. The Type B buffer area is a medium density screen intended to block visual contact between uses and to create spatial separation. The buffer area shall be a minimum width of ten (10) feet. Per one hundred (100) lineal feet the screen shall consist of a combination of two (2) deciduous trees planted forty (40) to sixty (60) feet on center and eight (8) evergreen plants ten (10) feet on center.

(3)

Type C buffer area. The Type C buffer area is a high density screen intended to exclude visual contact between uses and to create spatial separation. The buffer areas shall be a minimum width of twenty (20) feet. Per one hundred (100) lineal feet the screen shall consist of a combination of not less than twenty (20) ornamental shrubs, ten (10) understory trees, and two (2) canopy trees. An eight-foot opaque privacy fence or wall is also required. The fence or wall shall be located between five (5) feet and ten (10) feet from the property line; and the plant material shall be located between the building and the fence. The zoning administrator must approve the site plan, which shows the exact fence location.

(d)

Determination of buffer area requirements. Buffer areas shall be required under the following circumstances:

(1)

Type A buffer area required. Wherever a multi-family building, mobile or manufactured home park, or nonresidential use is proposed a Type A buffer area shall be provided along the street right-of-way boundary of the proposed use, separating it from the adjoining street, except for driveways and visibility angles.

(2)

Type B buffer area required. Wherever a mobile home park, multi-family building, mini-warehouse, institutional or commercial use is proposed for a site or lot adjoining any dissimilar residential use or lot or parcel zoned for a dissimilar residential use, a Type B buffer area shall be provided along the boundary of the adjoining residential property line.

(3)

Type C buffer area required. Wherever an industrial, warehouse, outdoor storage, or related use is proposed for a site or lot adjoining any residential use or residentially zoned district, a Type C buffer area shall be provided along the boundary of the adjoining residential property line. A Type C buffer shall also be required for any new residential development or use to be located adjacent to any industrially used or industrially zoned property.

(e)

Buffer area specifications.

(1)

Minimum installation size. At installation or planting, all canopy trees shall be not less than eight (8) feet in height and all understory trees shall be not less than six (6) feet in height. All shrubs shall be not less than four (4) feet in height except for ornamental shrubs for Type A buffer areas, which shall not be less than eighteen (18) inches in height.

(2)

Staggered planting. Where required, plant material shall be planted in at least two (2) rows and in an alternating fashion to form a continuous opaque screen of plant material.

(3)

Required planting. The zoning administrator shall maintain a list of acceptable plant material for canopy trees, understory trees, and shrubs. This list may be updated as necessary by the city's horticulturist.

(f)

Substitutions. The following substitutions shall satisfy the requirements of this section:

(1)

Existing plant materials. Existing trees of four (4) inches DBH (diameter breast high) or more in diameter, within the required buffer area may be included in the computation of the required buffer area planting, with approval of the zoning administrator and/or staff horticulturist.

(2)

Fence or wall. Where, owing to existing land use, lot sizes, or configurations, topography, or circumstances peculiar to a given piece of property, the buffer area requirements of this section cannot reasonably be met, the developer(s) may request and the zoning administrator may approve the substitution of appropriate screening, in the way of a fence or wall structure along the property line of the proposed use in accord with provisions of this section.

An eight-foot opaque privacy fence or wall may be substituted for a Type B buffer area.

All fences and walls used as part of the buffer area requirements must have a finished side that is facing adjoining property. The finished side is the side whose framing, supports, or posts are not visible. The interior side of the fence or wall may be finished as owner deems appropriate.

(g)

Exceptions. Where property is screened by an existing building or wall, no additional buffering shall be required if approved by the zoning administrator.

(h)

Responsibility. It shall be the responsibility of the proposed new use to provide the buffer area where required by this ordinance, except that no new detached single-family dwelling or duplex shall be required to provide such buffer area.

(i)

Required maintenance. The maintenance of required buffer areas including fences and walls shall be the responsibility of the property owner. All such areas shall be properly maintained so as to ensure continued buffering. All planted areas shall be provided with an irrigation system or a readily available water supply to ensure continuous healthy growth and development. Dead trees shall be removed; debris and litter shall be cleaned; and berms, fences, and walls shall be maintained at all times. Trees and shrubs that die shall be replaced by the property owner and/or tenant no more than thirty (30) days following the death of the plant material. The zoning administrator must approve the replacement before new plant material is planted. Fences and walls shall be maintained in good repair. Failure to do so is a violation of this ordinance, and may be remedied in the manner prescribed for other violations.

(j)

Use of buffer areas. A buffer area may be used for passive recreation; however no plant material may be removed. All other uses are prohibited, including off-street parking.

(Ord. No. 1998-51, 5-28-98; Ord. No. 1998-85, 9-24-98; Ord. No. 1998-107, 12-22-98; Ord. No. 2002-080, 10-25-02; Ord. No. 2003-004, 1-23-03; Ord. No. 2015-023, 5-28-2015)

(a)

Definition and purpose. Screening is a method of buffering used to block or obscure a particular element or use from view by minimizing the visual impact of potentially unsightly open storage areas and refuse disposal facilities.

(b)

Specifications. Screening shall be provided as follows:

(1)

a.

Mechanical equipment (whether ground level, raised, or rooftop) associated with non-residential uses shall be screened by the use of fences, walls or architectural elements or evergreen plant materials of sufficient height to screen the items from street view at the time of installation.

b.

Mechanical equipment (whether ground level, raised, or rooftop) associated with apartment buildings shall be screened by the use of fences, walls or architectural elements or evergreen plant materials of sufficient height to totally obscure the equipment from public view at the time of installation. If fencing is used, it shall have no more than a one-half-inch gap between boards.

(2)

Open storage areas not devoted to retail sales visible from any public street, including open storage areas for shipping containers, building materials, appliances, salvage materials and similar unenclosed uses shall be screened with an eight-foot high opaque fence or wall on all sides. The use of materials such as mesh, cloth, or tarp to screen storage areas is prohibited.

(3)

Dumpsters or any trash, refuse, recycling, or other waste storage containers shall be screened and buffered with built enclosures defined as an eight-foot high opaque fence or wall on all sides. Construction dumpsters and industrial compactors may be exempted from this enclosure requirement if, in the opinion of the zoning administrator, (a) such dumpsters and compactors will not be visible from the right-of-way and will not be visible from dissimilarly zoned or used properties; or (b) the nature of a particular industrial use requires frequent and repeated relocation of dumpsters around the site in normal course of business and site cleanliness can be reasonably maintained through other means.

(c)

Amortization. Any existing trash dumpster that is not properly screened by January 31, 2020 must come into compliance prior to the license renewal of the business.

(Ord. No. 1998-51, 5-28-98; Ord. No. 1998-107, 12-22-98; Ord. No. 2001-057, 8-22-02; Ord. No. 2012-020, 6-26-2012; Ord. No. 2015-023, 5-28-2015; Ord. No. 2016-016, 4-28-2016; Ord. No. 2019-034, 6-27-2019; Ord. No. 2021-041, Exh. A, 5-27-2021)

(a)

Definition and purpose. Landscaping is an improvement to an area of land permanently devoted and maintained for the growing of trees, shrubbery, grass, other plants and decorative features to the land. This improvement is intended to improve the appearance of vehicular use areas and development abutting public rights-of-way; to protect, preserve, and promote the aesthetic appeal, scenic beauty, character and values of land in the city; to promote the aesthetic appeal, safety through the reduction of noise pollution, stormwater run off, air pollution, visual pollution, and artificial light glare.

(b)

Where required. No proposed nonresidential use shall hereafter be established or reestablished in an existing building or structure, and subsequently used unless landscaping and buffering are provided in accordance with the provisions of this section and section 6-12. Vertical improvements greater than five hundred (500) square feet shall require the entire property to be brought into compliance with the minimum requirements of this section and section 6-12.

(c)

Landscaping plan. A landscaping plan shall be submitted as part of the application for a permit. The plan shall:

(1)

Designate areas to be reserved for landscaping. The specific design of landscaping shall be sensitive to the physical and design characteristics of the site.

(2)

Indicate the location and dimensions of landscaped areas, plant materials, decorative features, etc.

(3)

Identify all existing trees ten (10) inches DBH (diameter breast height) in required setback (yard) areas.

(4)

The landscape plan shall include all material (including existing) used to comply with the buffer requirement.

(d)

Landscaping requirements. Required landscaping shall be provided as follows:

(1)

Along the outer perimeter of a lot or parcel, where required by the buffer area provisions of this article, to buffer and separate incompatible land uses. The amount of buffering is specified in section 6-12.

(2)

Within the interior, peninsula or island type landscaped areas shall be provided for any open vehicular use area containing ten (10) or more parking spaces, excluding parking garages. Landscaped areas shall be located in such a manner as to divide and break up the expanse of paving and at strategic points to guide travel flow and directions. Elsewhere, landscaped areas shall be designed to soften and complement the building site.

At a minimum, interior lot landscaping shall be provided in the following amounts:

Buffer area landscaping may provide up to fifty (50) per cent of the above requirement. Landscaping along exterior building walls and structures is suggested to separate with greenery the building from the vehicular surface area.

(e)

Landscaped areas.

(1)

All landscaped areas in or adjacent to parking areas shall be protected from vehicular damage by a raised concrete curb or an equivalent barrier of six (6) inches in height. The barrier need not be continuous.

(2)

Landscaped areas must be at least twenty-five (25) square feet in size and a minimum of three (3) feet wide to qualify.

(3)

Landscaped areas adjacent to parking spaces shall be landscaped so that no plant material greater than twelve (12) inches in height is located within two (2) feet of the curb or other protective barrier. (Plant material greater than twelve (12) inches in height would be damaged by the automobile bumper overhang or by doors swinging open over the landscaped areas.)

(4)

Planting of canopy trees is required at a rate of one (1) tree per ten (10) parking spaces. Parking lots associated with car dealerships, inventory lots for the storage of manufactured vehicles, or Class V parking lots may propose to satisfy the canopy-tree requirement through relocation of the trees to other areas of the site, through upsizing other required landscaping materials, or other alternate methods at the approval of the zoning administrator.

(f)

Required maintenance. The maintenance of required landscaped areas shall be the responsibility of the property owner and the tenant both jointly and severally. All such areas shall be properly maintained so as to assure their survival and aesthetic value, and shall be provided with an irrigation system or a readily available water supply. Failure to monitor such areas is a violation of this ordinance, and may be remedied in the manner prescribed for other violations.

(Ord. No. 1998-51, 5-28-98; Ord. No. 1998-107, 12-22-98; Ord. No. 2009-13, 3-26-09; Ord. No. 2015-023, 5-28-2015; Ord. No. 2020-037, Exh. A, 8-27-2020; Ord. No. 2023-021, Exh. A, 4-27-2023)

(a)

Definition. Common open space is land and/or water bodies used for recreation, amenity or buffer; it shall be freely accessible to all residents and property owners of a development, where required by this ordinance. Open space shall not be occupied by buildings or structures other than those in conjunction with the use of the open space; roads; parking. It shall be calculated by dividing the total amount of open space within the site by the total site area.

(b)

Purpose. The purpose of this section is to ensure adequate open space for high density residential development; to integrate recreation, landscaping, greenery and/or natural areas into such projects; to promote the health and safety of residents of such projects; and to compensate for the loss of open space inherent in single-family residential projects.

(c)

Where required. The following uses/projects consisting of nine or more units shall provide common open space in the amounts prescribed:

Note: Landscaped buffer areas provided to meet the requirements of section 6-12 for multi-family projects and mobile/manufactured home parks may be applied toward meeting above requirements if held in common ownership.

(1)

New sites: No proposed development, building or structure in connection with the above shall hereafter be erected or used unless common open space is provided in accord with the provisions of this section.

(2)

Existing sites: No existing development, building or structure in connection with the above shall be expanded or enlarged unless the minimum common open space required by the provisions of this section are provided to the extent of the alteration or expansion.

(d)

Common open space plan. Proposed uses/projects set forth in section 6-15(c) shall submit an open space or landscaping plan as part of the application for a building permit. The plan shall:

(1)

Designate areas to be reserved as open space. The specific design of open space shall be sensitive to the physical and design characteristics of the site.

(2)

Designate the type of open space which will be provided, and indicate the location of plant materials, decorative features, recreational facilities, etc.

(3)

Specify the manner in which common open space shall be perpetuated, maintained and administered.

(e)

Types of common open space and required maintenance. The types of common open space which may be provided to satisfy the requirements of this ordinance together with the maintenance required for each are as follows:

(1)

Natural areas are areas of undisturbed vegetation or areas replanted with vegetation after construction. Woodlands and wetlands are specific types of natural areas. Maintenance is limited to removal of litter, dead trees, plant materials, and brush. Natural water courses are to be maintained as free-flowing and devoid of debris. Stream channels shall be maintained so as not to alter floodplain levels.

(2)

Recreational areas are areas designed for specific active recreational uses such as tot lots, tennis courts, swimming pools, ballfields, and similar uses. Recreational areas shall be accessible to all residents of the development. Maintenance is limited to ensuring that there exist no hazards, nuisances, or unhealthy conditions.

(3)

Greenways are linear green belts linking residential areas with other open space areas. These greenways may contain bicycle paths, and bridle paths. Connecting greenways between residences and recreational areas are encouraged. Maintenance is limited to a minimum of removal and avoidance of hazards, nuisances, or unhealthy conditions.

(4)

Landscaped areas, lawns and required buffer areas, including creative landscaped areas with gravel and tile, so long as the tile does not occupy more than two (2) per cent of the required open space. Lawns, with or without trees and shrubs shall be watered regularly to ensure survival, and mowed regularly to ensure neatness. Landscaped areas shall be trimmed, cleaned, and weeded regularly.

(f)

Preservation of open space. Land designated as common open space may not be separately sold, divided or developed. Open space areas shall be maintained so that their use and enjoyment as open space are not diminished or destroyed. Open space areas may be owned, preserved and maintained as required by this section by any of the following mechanisms or combinations thereof:

(1)

Dedication of and acceptance by the city.

(2)

Common ownership of the open space by a homeowner's association which assumes full responsibility for its maintenance.

(3)

Deed restricted, private ownership which shall prevent development and/or subsequent subdivision of the open space land and provide the maintenance.

In the event that any private owner of open space fails to maintain same, the city may in accordance with the open space plan and following reasonable notice, demand that deficiency of maintenance be corrected, and enter the open space to maintain the same. The cost of such maintenance shall be charged to those persons having the primary responsibility for maintenance of the open space.

(Ord. No. 1998-51, 5-28-98; Ord. No. 1998-107, 12-22-98; Ord. No. 2022-021, Exh. A, 3-24-2022)

(a)

Purpose. The purpose of this section is to preserve existing trees of ten (10) inches in diameter or greater at breast height and generally discourage the clear cutting of sites, a practice which destroys the balance of nature, leads to sedimentation and erosion, contributes to air and water pollution, and unnecessarily robs the community of valuable natural resources.

(b)

Protected trees. Healthy trees ten (10) inches and greater DBH (diameter breast height) are a valuable natural resource, by virtue of their age, size and contribution to the environment. Such trees shall be protected. Protected trees include "significant trees," "replacement/mitigation trees," and "grand trees."

(c)

Exemptions. The following shall be exempt from the tree protection provisions of this article:

(1)

Timber harvesting: Timber harvesting meeting the requirements of S.C. Code Ann. 48-23-205(B).

(2)

Pruning or cutting: Pruning or cutting of trees necessary to the maintenance of preexisting utility company infrastructure, easements and rights-of-way.

(3)

Dead, diseased or dying trees: Trees which are certified by an arborist or landscape architect, and which the Zoning Administrator concurs, to be dead, dying, or diseased may be removed without mitigation with the submittal of a report containing pictures of the trees' condition(s) that led to the determination.

(4)

Building damage: Protected or grand trees that are determined by the zoning administrator or designee to be causing structural damage to a structure greater than two hundred (200) square feet or sidewalks and driveways, where said damage cannot be remedied without removing the tree, may be approved for removal. When there is a question of whether tree removal is necessary, the zoning administrator may require documentation from an arborist or who is certified by the International Society of Arboriculture or landscape architect or who is otherwise qualified, that said damage cannot be successfully halted through root pruning and installation of a root barrier while maintaining the structural integrity of the tree.

(5)

In-fill residential development: Residential lots platted before 2007 shall be exempt from the tree mitigation provisions, except those relating to grand trees.

(6)

Nothing in this article shall be construed to prevent the ordinary trimming and maintenance of trees provided such trimming is not so excessive so as to constitute an abuse as described in this section.

(d)

Permit required. On all sites, removal of trees shall be prohibited prior to securing a permit. Any permits for removal shall meet the requirements set forth in this article. No person shall cut down, top, remove, relocate, damage, destroy, or in any manner abuse any protected tree on any lot or public right-of-way in the city unless authorized by the terms of this section.

(e)

Tree survey required for removal, site disturbance or subdivision A tree survey showing all existing protected trees throughout the portion of any site or right-of-way proposed for disturbance and including any area counted as required open space area shall be submitted as part of any site plan for zoning and building permits or any preliminary and final subdivision plats in accordance with subsection 6-16(e)(1) below. If there are no protected trees on a site, this requirement may be satisfied by a note on the site plan, preliminary or final plat to that effect.

(1)

Tree survey requirements: A tree survey shall be prepared and submitted that meets the following requirements:

a.

Qualified professional: Tree surveys shall be prepared by a licensed landscape architect, surveyor or engineer registered in South Carolina and the location of each tree shall be shown within plus or minus three (±3) feet. The survey shall be presumed accurate for two (2) years beyond the survey date unless there is information to the contrary.

b.

Significant trees: The survey shall identify all significant trees by species and location, specify their estimated canopy spread, and specify the trunk diameter at breast height (DBH).

c.

Grand trees: The survey shall identify all grand trees by species and location, specify the actual canopy spread, and specify the trunk diameter at breast height (DBH).

1.

For subdivisions, the siting of a lot so as to place a grand tree at or near the center of a lot in a location that will require the removal of the grand tree for construction of a dwelling unit, shall be prohibited.

d.

Any trees which are defined as protected by the requirements of an overlay district or a riparian buffer as defined in section 6-17.

e.

Tree canopies: The canopies of trees which overhang the site, even if the trunks are located on an adjacent parcel.

f.

Any existing trees proposed as mitigation for tree cutting: Any existing trees proposed as mitigation for tree cutting shall be at least two (2) inches DBH and of like kind to those cut if they are indigenous to the South Carolina Lowcountry. If the trees proposed to be cut are not an indigenous species, the zoning administrator and city horticulturist may approve an indigenous replacement type. Trees measuring two (2) inches but less than ten (10) inches within a required riparian or overlay corridor buffer may be counted toward mitigation for tree cutting.

g.

Dead or diseased trees: The location, type and size of any dead or diseased trees.

h.

Improvements: Location of all existing and proposed structures, improvements, rights-of-way, pavement, drainage areas, and easements on the property, and designation of all rights-of-way and other lands adjacent to the property.

i.

Date: The date of the survey.

j.

Preparer information: The name, signature, seal and address of the licensed landscape architect, surveyor or engineer who shall be responsible for the accuracy of the information provided.

(f)

Provisions for tree removal.

(1)

Significant trees:

a.

Any significant tree between ten (10) inches DBH and less than twenty-four (24) inches DBH falling within the footprint of a proposed building, drainage pond, rights-of-way, or driveway may be cut without any replacement requirement.

b.

No more than twenty-five (25) per cent of the existing significant trees outside the footprint of a building, drainage pond, rights-of-way, or driveway shall be felled and removed, except by order of the zoning administrator, without inch for inch replacement.

1.

Up to fifty (50) per cent of the trees outside the footprint of the buildings, driveways, rights-of-way, or drainage ponds may be removed by order of the zoning administrator on the affirmative recommendation of the city horticulturist owing to unique circumstances surrounding the development of property (example: exceptionally low terrain where significant cutting or filling might be needed to accomplish positive drainage).

(2)

Grand trees:

a.

Only after a finding by the zoning administrator and city horticulturist that an applicant has demonstrated through an examination of various site designs that there is no practical alternative location of a building, drainage pond, driveway, right-of-way or other building design that would leave the grand tree in place and in good health, the removal of grand tree is permitted with applicable mitigation as prescribed in subsection (g)(3) below.

(g)

Provisions for mitigation and tree replacement.

(1)

Tree replacement plan required. A site plan/building permit shall also include a tree protection/replacement plan (if applicable) which shall show:

a.

Tree designations: Designations indicating whether each proposed tree is to be saved, relocated, or removed. Trees proposed for relocation should be marked with a bold letter "R", trees proposed to be saved shall be marked with a bold letter "S", trees proposed for mitigation shall be marked with a bold letter "M", and trees proposed for removal should be marked with a bold letter "X".

b.

Tree relocations: The species, size and new location of any trees which are proposed to be relocated within the site.

c.

Tree replacements: The species, size and location of trees that are proposed to be planted as replacement for trees cut. Replacement trees must be a minimum of two (2) inches DBH.

1.

Proposed replacement trees are to be of like kind to those proposed for cutting. Where existing site conditions would make the survivability of replacement trees unlikely or infeasible, the zoning administrator may (but shall not be required to) administratively permit a reasonable substitution for another tree species on the city's list of acceptable trees without the necessity of a variance being obtained.

2.

Replacement trees shall not be bunched together in a manner suggesting poor prospects for their long-term survival but shall be dispersed and well established. To help ensure successful tree planting, an evaluation of soil-species-combination before trees are proposed is recommended.

3.

Existing on-site mitigation trees. The location of any existing trees at least two (2) inches DBH and less than ten (10) inches DBH which are proposed as on-site mitigation, including trees within buffer areas. Any such trees must be flagged and protected during site disturbance or construction.

4.

Replacement trees shall be located in areas of common ownership (i.e. open space areas owned by associations). In the event there is not adequate common spaces for replacement tree plantings, other locations may be approved by the zoning administrator.

(2)

Summary Table. A summary table indicating the following (See Appendix X for example):

a.

The total number of protected trees

b.

The total number of grand trees (Inch-for-Inch mitigation required, see subsection (3) below)

c.

The number of significant trees falling within the footprint of the buildings, driveways, rights-of-way, or drainage ponds

d.

The number of trees falling outside of the footprint of the buildings, driveways, rights-of-way, or drainage ponds

e.

A calculation representing twenty-five (25) per cent of the significant trees outside the footprints of buildings, driveways, rights-of-way, and drainage ponds (Total Number of Significant Trees — Number of Significant Trees under footprints = Remaining Number of Significant Trees × twenty-five (25) per cent)

f.

The total number of significant trees proposed for removal

g.

A calculation representing the number and cumulative average DBH of the significant trees proposed to be removed in excess of the twenty-five (25) per cent figure. This is the number of significant trees which will require mitigation. When determining the number of inches to be replaced, an average of the total inches removed multiplied by the number of trees removed shall be calculated. The average of total inches is based on all significant trees removed, including those under buildings, driveways, rights-of-way, or drainage ponds.

(3)

Mitigation. Mitigation for cutting of grand and significant trees in accordance with this section is required:

a.

Significant trees: Inch for inch replacement shall be required for all trees cut over and above the number representing twenty-five (25) per cent of those outside the footprint of buildings, driveways, rights-of-way, and drainage ponds. When determining the number of inches to be replaced, an average of the total inches removed shall be calculated and then multiplied by the number of trees removed. The average of total inches is based on all significant trees removed, including those under buildings, driveways, rights-of-way, or drainage ponds.

b.

Grand trees: The approved cutting of any healthy grand tree shall require inch for inch replacement regardless of where the tree is located. For example, inch for inch replacement of grand trees shall be required even if the grand tree falls in the footprint of proposed buildings, driveways, rights-of-way or drainage ponds.

c.

Any proposed tree bank replacement. After submitting a replacement plan exhausting all on-site replacement opportunities an applicant may, with the consent of the zoning administrator, pay into the tree bank account an amount to be determined by the city horticulturist equal to the cost to acquire, install and maintain for a two-year period trees equivalent in their average diameter at breast height otherwise required to be shown on a tree replacement plan.

(4)

Bonding of required tree replacement. In the event that an immediate planting schedule would prevent the healthy development of new plants and trees, the director of finance on the affirmative recommendation of the zoning administrator may approve a bond, an irrevocable letter of credit, or other financial surety guarantee to certify the completion of the required replacement planting in an amount equal to one hundred twenty-five (125) per cent of the cost of acquisition, installation, and a two-year replacement guarantee provided the total required bonded amount remains below fifty thousand dollars ($50,000.00). Upon approval of the financial surety, a certificate of conditional zoning compliance shall be issued and the installation of replacement material must be completed within twenty-four (24) months of that date. The applicant must provide the city permission to enter their premises and complete the work described in the contract submitted with the bond in the event that they have not done so within the time prescribed.

(h)

Provisions for tree protection.

(1)

Protective barricades required. Protective barricades shall be placed around all trees dedicated to be saved within a development area, prior to the start of any building and/or development activities, and shall remain in place until the building and/or development activities are completed. The area within the protective barricade shall remain free of all building materials, dirt or other construction debris, vehicles, and development activities. Should the tree die up to one (1) year after the development, mitigation will be required. Barricades shall be erected at the dripline of the tree canopy or a minimum distance from the base of protected trees, whichever is greater, according to the following standards:

a.

For significant trees: Protective barricades shall be placed a minimum distance of ten (10) feet from the base of each protected tree up to ten (10) inches DBH and an additional foot per inch above ten (10) inches DBH; unless an encroachment is approved as below.

b.

For grand trees: Protective barricades shall provide a diameter of protection around the tree equal in feet to the diameter breast height of the trees (i.e. a twenty-four-inch diameter tree would require a twenty-four-foot diameter protective barricade), unless an encroachment is approved as below.

(2)

Tree protection plan and tree protection detail required. Site plans shall include a tree protection plan showing where tree protection barricades are to be installed and a tree protection detail illustration depicting the typical placement of tree protection.

(3)

Barricade materials and inspection:

a.

The protective barrier shall consist of orange safety fencing, not less than three (3) feet high and supported by wood/metal poles.

b.

Inspection required. An inspection of the protective barricades is required prior to the issuance of any permits.

(i)

Provisions for encroachment into protected trees.

(1)

A proposed encroachment equivalent to one-quarter (¼) of the distance from the tree trunk to the edge of the tree canopy of any grand tree or any significant tree designated for preservation is permitted.

(2)

An encroachment greater than one-quarter (¼) of the distance from the tree trunk to the edge of the tree canopy may be approved by the zoning administrator provided the applicant has supplied a letter from a certified arborist or a landscape architect stating that the proposed encroachment will not adversely affect the subject tree. This letter should specify the following:

a.

The recommended regimen of care for the tree for at least twelve (12) months and should confirm that the arborist or landscape architect has been retained to provide such care.

b.

An exhibit from the arborist or landscape architect showing the grading of the health of the tree for which the encroachment is proposed

c.

An updated tree grading is required after one (1) year after the encroachment has been approved. If the second grading reveals any degradation in the health of the tree, the applicant shall:

1.

Have the arborist or landscape architect indicate any needed changes in care, and confirm that the applicant has retained the arborist or landscape architect to provide that care; and

2.

Repeat the tree health grading on the anniversary of the second grading, and if further degradation is detected, the application shall provide inch for inch replacement for the subject tree.

(j)

Cutting, etc. of protected trees without a permit prohibited. No person shall cut down, top, remove, relocate, damage, destroy, or in any manner abuse any protected tree on any lot or public right-of-way in the city unless authorized by the terms of this section or unless approved by the zoning administrator.

(1)

Abuse includes: Alteration of the drip-line, storage of materials within the tree protection barricades; the deposit of any fill material within the tree protection barricades, excessive pruning; excessive thinning; paving with concrete, asphalt or other impervious material within such proximity as to be harmful to a protected tree; or any act of malicious damage to a tree. Improper or excessive pruning or thinning shall constitute abuse. For purposes of this article "excessive pruning" shall be pruning or thinning of a protected tree that:

a.

Exceeds more than twenty-five (25) per cent of the leaf surface on both the lateral branch and the overall foliage of a mature tree that is pruned within a growing season; and/or

b.

Pruning that does not leave remaining one-half (½) of the foliage of a mature tree evenly distributed in the lower two-thirds (⅔) of the crown and individual limbs upon completion of any pruning.

(2)

Penalty for cutting without a zoning permit: Cutting down, topping, removing, relocating, damaging, destroying, or in any manner abusing any protected tree without a permit shall be punishable as set forth in section 1-10 of the North Charleston Code of Ordinances. Each day that such violation continues shall constitute a separate offense.

(3)

Tree replacement required for protected trees cut, damaged, or abused without a zoning permit: The planting of replacement trees on an inch for inch cut basis is required on the site where the unlawful cutting occurred. If the replacement cannot be accomplished entirely on the development site, all or part of it shall be accomplished through the tree bank account. Individual replacement trees should be of the largest reasonably transplantable DBH available, but in no event shall such replacements be smaller than two inches DBH.

(k)

Construction of section. The provisions of this section shall not supersede the provisions of any other ordinance of the city which provides greater protection for trees.

(l)

Overlay districts. For properties located in the overlay districts, refer to special provisions governing development in those districts for additional regulations.

CALCULATING TREE MITIGATION

(Ord. No. 1998-51, 5-28-98; Ord. No. 1998-107, 12-22-98; Ord. No. 2000-085, 12-14-00; Ord. No. 081, 10-24-02; Ord. No. 2006-45, 7-25-06; Ord. No. 2009-13, 3-26-09; Ord. No. 2009-70, 12-10-09; Ord. No. 2014-017, 3-27-2014; Ord. No. 2020-037, Exh. A, §§ I—XII, 8-27-2020; Ord. No. 2022-019, 3-24-2022)

Purpose and intent. The riparian buffer ordinance is established in order to maintain stream habitats and associated vegetation for the purposes of maintaining the physical, chemical and biological integrity of water resources; providing vital natural filtration of stormwater; reducing erosion and controlling sedimentation; stabilizing stream banks; maintaining tidal and stream flows; improving aquatic and terrestrial wildlife habitats; maintaining scenic value and recreational opportunities; and mitigating the impacts of flooding and tropical storms.

(a)

Applicability. This ordinance applies to all proposed new development, and to expansions to existing development sufficient to trigger application of normal buffer requirements, on properties abutting preserved wetlands and tidal or non-tidal tributaries to the Ashley and Cooper Rivers within the City of North Charleston. This ordinance shall not apply to properties located in the Ashley River Scenic District (article V, sections 5-8, 5-9 and 5-10).

(b)

Riparian buffers adjacent to preserved wetlands and along tributaries of the Ashley River or Cooper River. Natural vegetative buffers of twenty-five (25) feet in depth shall be maintained on the upland side of critical lines along tidal tributaries of the Ashley River or Cooper River (as designated by the South Carolina Department of Health and Environmental Control's Office of Coastal Resource Management), adjacent to preserved wetlands, and along the upland side of the bank of any non-tidal tributary of the Ashley River or Cooper River. For the purpose of this section a preserved wetland shall mean a jurisdictional wetland regulated by the Army Corps of Engineers. Where a wetland or a portion of a wetland is filled pursuant to a properly-issued permit, no riparian buffer is required along the filled area.

1.

Buildings and impervious surfaces: No new buildings or impervious surfaces shall be located within the buffer.

2.

Uses allowed within buffer area: The following uses may be allowed within the buffer area, subject to the normal tree protection regulations in article VI, section 6-16 and review by the zoning administrator:

a.

Trails: Pedestrian or bike trails constructed of pervious natural materials and not exceeding ten (10) feet in width.

b.

Pedestrian or vehicular access: Access ways leading to such water dependent uses as docks, piers, bridges, and boat landings elevated to above grade to prevent channelization and running perpendicular to the length of the buffer.

c.

Utilities: Minimum utility line penetrations as specifically and previously approved on development plans that must necessarily cross a wetland area without a reasonable alternative.

3.

Drainage facilities: Minimal utility line penetrations, including drainage lines or outfalls, that must necessarily cross a wetland area without a reasonable alternative, provided plans show the disturbed area to be replanted with native species complementary to those existing in the undisturbed area of the buffer.

4.

Landscaping additions to the buffer: Where natural vegetation may be absent or insufficient to accomplish any degree of storm-water filtration or bank stabilization, additional plantings of indigenous grasses, shrubs and trees may be required at the following minimum rate: Six (6) canopy trees (two and one-half (2½) inch diameter breast height minimum); and ten (10) understory trees (six (6) to eight (8) feet height minimum); and forty (40) shrubs, (three (3) gallons minimum). No new non-indigenous plant species may be planted within the buffer area.

5.

The landowner of a site involving a buffer is permitted as follows:

a.

To provide a reasonable view corridor, provided the following requirements are met:

1.

The view corridor shall be no wider than seventy-five (75) feet or one-third (⅓) of the lot width, whichever is narrower;

2.

If the landowner wants to establish a view corridor, he or she must submit a selective clearing and landscaping plan to the zoning department and apply for a zoning permit. The plan must leave enough vegetation in the corridor to maintain the function of the buffer.

i.

No tree of six (6) inches DBH or greater shall be cut or removed;

ii.

All cutting or pruning shall be done by hand—No grubbing or grading is permitted.

3.

To prevent conversion to turf, no pruning shall be allowed below a height of three (3) feet.

4.

If a landowner clears more vegetation than allowed, he or she will be subject to a fine and required to replant the segment of the buffer that is in violation. Any clearing is also subject to the regulations of the city's Tree Protection Ordinance, which imposes a one thousand eighty-five dollar ($1,085.00) fine per tree cut unlawfully, or up to thirty (30) days in jail.

5.

To the extent possible, the placement of the view corridor should coincide with the location of trails, paths, driveways and utility easements which areas shall count toward the maximum width of the view corridor.

b.

Approved buffer area clearing and minor vegetation pruning such as removal of dead limbs, removal of hazardous trees and other vegetation, and limb-out pruning of existing trees shall be allowed, providing that:

1.

Tree and limbs greater than six (6) inches DBH may be removed only after a finding of a clear hazard to the property owner.

6.

If application of this ordinance shall prohibit all permitted use of a parcel to the extent that no building could be constructed on the parcel, then the zoning administrator may reduce the natural vegetative buffers required by this section by as much as fifty (50) per cent. Greater reductions must be submitted to the zoning board of appeals.

(Ord. No. 2009-67, 11-24-09; Ord. No. 2010-24, 4-22-2010; Ord. No. 2020-038, Exh. A, 8-27-2020; Ord. No. 2023-049, Exh. A, 9-28-2023)

Editor's note— Ord. No. 2009-67, adopted Nov. 24, 2009, did not specifically amend the Code. At the editor's discretion, these provisions have been included as § 6-17.