The uses permitted in the Primary Zoning Districts established by Article 1, the off-street parking requirements, and the dimensional requirements of each are set forth in this Article.

Section 2.3 (Table 1) sets forth use and off-street parking requirements for each zoning district. Section 2.4 (Table 2) sets forth lot area, yard, setback, height, density, and impervious surface requirements for all districts. Section 2.5 establishes regulations for the Planned Use District; Section 2.6 prescribes regulations for development in the Flood Hazard District, and Section 2.7 establishes regulations for the Airport Compatibility District.

The North American Industry Classification System, 2002, is the basis for determining the use of property permitted by the various zoning districts. Where uncertainty exists relative to a given use not specifically listed by Table 1, the NAICS Manual should be consulted. In general, all uses listed by a given NAICS number and category should be construed as being permitted in the assigned zoning district, unless separately listed.

Uses not listed in the NAICS Manual are identified by the letters "NA" (Not Applicable) in the NAICS Column.

Where the letter "P" is shown, the use to which it refers is permitted as a use by right in the indicated district, provided it complies fully with all applicable development standards of this Ordinance.

Where the letter "C" is shown, the use to which it refers is conditionally permitted in the indicated district, subject to applicable requirements set out in Article 3.

Where the letter "N" is shown, the use to which it refers is not permitted in the indicated district.

Where a given use or NAICS reference is not listed by Table 1 said use shall not be permitted.

A section number reference following a use category means the use must meet the additional conditions and requirements of the referenced section.

To aid in the use of Table 1, it is arranged by NAICS Sectors, followed by the uses and codes included in the respective sector:

Uses and NAICS code references are displayed within the appropriate sector in numerical order, beginning with Sector 11 (Agricultural, Forestry, Fishing and Hunting) and running through Sector 92 (Public Administration).

(a)

Off-Street parking requirements computed on basis of number of spaces per square feet of Gross Floor Area (GFA).

;sz=9;NA = Not Applicable.

(Ord. No. 2016-01-19-01, § I.A, 1-19-2016; Ord. No. 2019-10-07-21, § I(Att.), 10-7-2019; Ord. No. 2023-08-21-21, § I(Exh. A), 8-21-2023)

Table Notes:

s.f. = square feet

ft. = feet

NA = Not Applicable

Table References:

(A) 7,500 s.f. for single-family dwelling; 5,000 s.f. for each additional dwelling.

(B) Three units per acre for conventional site-built homes; five units per acre for cluster housing, patio homes and townhouses.

(C) Five feet for single-family dwelling, duplex and one side of patio home; ten feet for townhouse end unit, 20 feet for all other housing.

(D) One acre minimum. However, only small subdivisions, containing five or fewer lots, shall be permitted, and no small subdivision, once approved, shall be enlarged unless and until rezoned to a higher density District, in accordance with the County's Comprehensive Plan.

(E) Five feet one side only. Buildings not on property line shall provide three feet maintenance setback.

(F) Buildings in excess of 40 feet shall be setback an additional one foot for each one foot in height over 40 feet; not to exceed 50 feet.

(G) A riparian buffer setback not less than 40 feet or one-third the depth of a lot or parcel, whichever is less, shall be provided along the banks of all lakes, streams and rivers. The buffer area shall remain undeveloped, except for piers, docks, and pervious access paths to the water's edge. Any disturbance of the buffer area shall adhere to Best Management Practices, (BMPs) For Forestry, in streamside management zones, promulgated by the SC Forestry Commission.

(H) Minimum lot size shall be based on soil conditions and county Health Department requirements for on-site wastewater disposal systems and water supplies.

(Ord. No. 2014-5-5-7, § I, 5-5-2014)

There are hereby created two types of PUD Districts. Type A and Type B.

Type A. A Type A PUD is one which is similar in use and intensity to the district in which it is to be located.

Type A PUDs may be established in any zoning district, subject to the requirements of this section and review and approval by the Planning Commission. Rezoning is not required to establish a Type A PUD. Planning Commission approval shall be final for Type A PUDs.

Type B. A Type B PUD is one that may include any use or combination of uses and intensity levels irrespective of prevailing zoning district requirements where it is to be located.

Type B PUDs shall be established on the official Zoning Map by the same procedure as for amendments generally (Sections 9.3 through 9.6), and in accordance with the requirements of this section.

Additionally, a prefix and number indicating the particular district, as, for example, "PUD-02-1" (Zone-Year-Number), shall identify each PUD, together with whatever other identification appears appropriate.

(1)

Type A PUDs. Permitted uses in Type A PUDs shall include only those listed in Table 1 for the district in which the PUD is to be established. No use shall be permitted in a Type A PUD that is not clearly permitted in the district in which it is to be established.

(2)

Type B PUDs. Any use or combination of uses meeting the objectives of this section may be established in a Type B PUD upon review and approved amendatory action by the Planning Commission and County Council. Once approved, the proposed use(s) and no others shall be permitted. Said uses shall be identified and listed on the basis of classification, i.e., retail, office, wholesale, residential, multifamily residential, single-family detached housing, manufactured housing, etc. The list of approved uses shall be binding on the applicant and any successor in title, so long as the PD zoning applies to the land, unless otherwise amended by Ordinance.

1.

Qualifications and Minimum Area Required. Qualifications for the establishment of a PUD shall include the conditions contained in Section 13.5-91 of the County's Land Development Regulations. Additionally, minimum area requirements for establishing a Type A PUD shall be two acres. Minimum area requirements for establishing a Type B PUD shall be five acres.

2.

Overall Site Design Criteria. Overall site design shall be harmonious in terms of landscaping, enclosures of principal and accessory uses, size of structures, street patterns, and use relationships. Variety in building types, heights, facades, setbacks, and size of open spaces shall be encouraged.

3.

Specific Site Design Criteria. Residential density, setbacks, impervious surface ratios, and building heights shall be determined by the scale of the project in relation to its surroundings and its impact on existing and proposed support facilities, i.e., transportation, water, and sewerage systems, recreation facilities, fire and police protection, etc.

Additionally design criteria shall be as prescribed in Article 5 of the County's Land Development Regulations.

4.

Parking and Loading. Off-street parking and loading spaces for each PUD shall comply with the requirements of Section 2.3, Table 1 and Article 6 of this ordinance.

5.

Buffer Areas. Buffer areas shall be required for peripheral uses only, and shall be provided in accordance with the minimum requirements for adjacent uses prescribed by Section 4.1. Buffer areas are not required for internal use.

6.

Streets and Street Improvements. Private streets may be permitted in a PUD; provided such streets meet all applicable street and road design standards contained in Section 13.5-51 of the County's Land Development Regulations; further provided that an acceptable maintenance plan is submitted to and approved as part of the PUD plan.

7.

Landscaping and Common Open Space. Landscaping and open space requirements for each PUD shall comply with the provisions of Sections 4.3 and 4.4 of this Ordinance.

8.

Signage. Signage shall be in harmony and scale with and reflective of the proposed PUD.

Preliminary plan requirements, final pre-construction plan requirements and final as-built plat requirements shall be as prescribed in Sections 13.5-92, 93 and 94 of the County's Land Development Ordinance.

Where public improvements and/or "common" amenities or infrastructure are proposed, such improvements shall be installed in accordance with a development schedule to be approved as part of the PUD Plan.

Where proposed or required improvements have not been completed by the applicant/developer prior to the scheduled target date and certified by the Zoning Administrator, the applicant/developer may provide financial guarantees acceptable to the County to ensure the proper installation of such required improvements. The nature and duration of the guarantees shall be structured to achieve this goal without adding unnecessary costs to the developer.

Action by the Planning Commission and/or Council may be: (1) to approve the Plan and application to establish a PUD; (2) to include specific modifications to the Plan; or (3) to deny the application to rezone or establish a PUD. If the Plan and/or rezoning are approved, the applicant shall be allowed to proceed in accordance with the approved PUD Plan as supplemented or modified in a particular case, and shall conform to any time or priority limitations established for initiating and/or completing the development in whole, or in specified stages. If the application is denied, the applicant shall be so notified.

After a PUD Plan has been approved and the zone classification established on the official zoning map, building and sign permits shall be issued in accordance with the approved Plan as a whole or in stages, or portions thereof, as approved. Said permits shall be issued in the same manner as for building and sign permits generally.

Except as provided in this section, approved PUD Plans shall be binding on the owner and any successor in title.

Changes in approved preliminary and final as-built plats shall be as provided for in Sections 13.5-96 and 97 of the County's Land Development Regulations. However, any change in use from one use group to another shall constitute a change requiring the reestablishment of the PUD through the amendatory process (Article 9).

Flood Hazard Districts include: (1) floodplains; (2) areas of shallow flooding; (3) areas of special flood hazard; and (4) floodways. The development of these areas, where shown on Flood Hazard Boundary Maps issued by the Federal Emergency Management Agency (FEMA) for Orangeburg County, may not occur where alternative locations exist due to the inherent hazards and risks involved. Where there is no alternative to a location in a Flood Hazard District, proposed development shall be regulated by the following.

1.

New construction and substantial improvements of existing structures shall be anchored to prevent floatation, collapse, or lateral movement of the structure.

2.

New construction and changes of existing structures below the minimum first floor elevation shall be constructed with materials and utility equipment resistant to flood damage.

3.

New construction or substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage.

4.

All heating and air conditioning equipment and components, all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

5.

Manufactured homes shall be anchored to prevent floatation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.

6.

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

7.

New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

8.

On-site waste disposal systems shall be located and constructed to avoid impairment or contamination during flooding.

9.

Any alteration, repair, reconstruction, or improvement to a structure that is not in compliance with the provisions of this Ordinance, shall be undertaken only if non-conformity is not furthered, extended, or replaced.

In all areas of special flood hazard where base flood evaluation data are available, the following shall be required:

1.

Residential Construction. New Construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor elevated no lower than one foot above the base flood elevation. A pre-construction and post-construction flood evaluation certificate shall be submitted. No basements are permitted. Should solid foundation perimeter walls be used to elevate a structure, creating a fully enclosed area, said enclosed area shall:

a.

Be designed to preclude permanent living space;

b.

Be useable solely for parking vehicles, building access, or storage; and

c.

Include openings sufficient to facilitate unimpeded movement of floodwaters and/or be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for entry and exit of floodwaters.

Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:

a.

Provide a minimum of two openings on different walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

b.

The bottom of all openings shall be no higher than one foot above grade;

c.

Openings may be equipped with screens, louvers, valves, or other breakaway coverings or devices provided they permit the automatic flow of floodwaters in both directions; and

d.

Fill placed around foundation walls must be graded so that the grade inside the enclosed area is equal to or higher than the adjacent grade outside the building on at least one side.

2.

Nonresidential Construction. New construction or substantial improvements of any commercial, industrial, or nonresidential structure shall have the lowest flood elevated no lower than one foot above the level of the base flood elevation. No basements are permitted. Structures located in A-Zones may be floodproofed in lieu of elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic loads and the effect of buoyancy. A registered, professional engineer or architect shall certify that the standards of this subsection are satisfied. Agricultural structures may be wet-floodproofed in accordance with Technical Bulletin 7-93, Wet Floodproofing Requirements for Structures Located in Special Flood Hazard Areas in Accordance with the National Flood Insurance Program, document number FIA-TB-7.

3.

Temporary Development. All applicants for a temporary use must submit to the Zoning Administrator, prior to the issuance of a development permit, a written plan for the removal of any temporary use or structure in the event of a hurricane or flash flood warning notification. The plan shall be reviewed and approved in writing, and must include the following information:

a.

A specified time for which the temporary use will be permitted;

b.

The name, address, and phone number of the individual responsible for the removal of said use;

c.

The time frame prior to the event at which any structure will be removed (i.e., minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification);

d.

A copy of a contract or agreement with a trucking company to insure the availability of removal equipment when needed;

e.

Designation of a location outside the floodplain to which said temporary structure will be moved; and

f.

A plan to restore the area to its natural condition once the temporary permit expires or the temporary use is terminated, whichever is first.

4.

Accessory Structures. An accessory structure, the cost of which is greater than $3,000.00, must comply with the elevated structure requirements of this section. When accessory structures of $3,000.00 or less are to be placed in the floodplain, such structures shall:

a.

Not be used for human habitation (including work, sleeping, living, cooking, or restroom areas); and

b.

Be designed to have low flood damage potential, be constructed and placed on the building site so as to offer minimum resistance to floodwaters, and be firmly anchored to prevent flotation, collapse, or lateral movement.

5.

Floodways. The following provisions shall apply within floodways:

a.

No encroachments, including fill, new construction, substantial improvements, additions, or other developments shall be permitted unless it has been demonstrated through hydraulic analysis that the proposed encroachment would not result in any increase in the flood level during the occurrence of a flood.

b.

Where no such increase is certified, new construction and substantial improvements may be permitted in compliance with the requirements of this section.

c.

Permissible uses exempt from such certification include general farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, game farm, and other similar agricultural, wildlife, and related uses, lawns, gardens, play areas, picnic grounds, hiking and horseback riding trails, provided that they do not employ structures or fill.

6.

Standards for Streams and/or Floodways without Established Base Flood Elevations. Development contiguous to small streams shall adhere to the following:

a.

No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within 40 feet of the stream bank unless certification with supporting technical data by a registered, professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of base flood discharge.

b.

Where no such increase is certified, new construction and substantial improvements may be allowed within such areas provided all applicable provisions of this section are satisfied.

7.

Standards for Subdivision Proposals.

a.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

b.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazard; and

c.

Base flood elevation data shall be provided for subdivision proposals and other proposed developments greater than the lesser of five lots or five acres.

8.

Standards for Areas of Shallow Flooding (AO Zones). Development within the areas subject to shallow flooding in the AO Zone shall adhere to all development standards of this section.

The degree of flood protection required by this Ordinance is based on scientific and engineering considerations. However, larger floods can and will occur on rare occasions. Therefore, this ordinance shall not create liability on the part of Orangeburg County or by any officer or employee thereof for any flood damages that may result from reliance on this ordinance or any administrative decision lawfully made thereunder.

There are hereby created two Airport Compatibility Districts in Orangeburg County: (1) the Orangeburg Municipal Airport District; and the (2) US North Auxiliary Air Field District.

The boundaries of the Orangeburg Airport Compatibility District are delineated on the Orangeburg Municipal Airport Restriction Map, 1990. The boundaries of the U.S. Auxiliary Air Field district are established and shown on the County's Official Zoning Maps.

The AC Districts are "overlay" zones. As such, the "underlying" or primary district determines permitted uses. However, these regulations are intended to temper and modify the use and development standards of the primary district to the extent necessary to achieve the stated purpose of these districts, as stated in Section 1.2. To that end, applicable primary district regulations are hereby amended to prohibit the following:

In All Airport Compatibility Zones

Any use that would:

1.

Create electrical interference with navigational signals or radio communication between the airport and aircraft;

2.

Diminish the ability of pilots to distinguish between airport lights and other lights;

3.

Result in glare in the eyes of pilots using the airport;

4.

Impair visibility in the vicinity of the airport;

5.

Create bird strike hazards, or endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

In Approach Zones Established on the Orangeburg Municipal Airport Restriction Map, 1990, as amended, and in the Clear Zones and Accident Potential Zones (APZs 1 and 2) established on Official Zoning Maps:

Clear Zone

Any and all development activity and structures.

APZ 1

1.

Residential dwellings, including mobile or manufactured homes, in excess of one unit per acre;

2.

Places of assembly, schools, hospitals, child and adult day care facilities, and the like; and

3.

Retail establishments.

Approach Zone and APZ 2

1.

Residential dwellings, including mobile or manufactured dwellings, in excess of two units per acre;

2.

Multifamily dwellings, cluster housing projects, mobile or manufactured home parks, and group housing;

3.

Transient lodging, motels and hotels;

4.

Hospitals, sanatoriums, and nursing homes;

5.

Schools and day care centers; and

6.

Churches, theaters, auditoriums, and similar places of assembly.

Except as otherwise provided in this Ordinance, no structure shall be erected, altered, or maintained in any zone within the Airport Compatibility District to a height which penetrates any referenced surface of any district created by this section. Height restrictions for the individual zones (districts) shall be those planes delineated as surfaces in Part 77.25, Subchapter E (Airspace) of Title 14 of the Code of Federal Regulations.

Noise restrictions shall apply within the APZ and Approach Zones of any Precision Instrument Runway. Private airports and all runways designed for other than precision instrument landings shall be exempt from the provisions of this section.

Where permitted within the Approach Zone of an Airport District, residential dwellings and portions of buildings where the public will be received, shall be structurally designed and constructed to achieve an outdoor to indoor Peak Noise Level Reduction (NLR) of at least 30 db (decibels). All other permitted uses and structures shall be exempt from this section.

Normal construction can be expected to provide an NLR of 20 db, thus the actual required reduction is only ten bd. Lowering the NLR shall be achieved through incorporation into the design and construction of all proposed uses, sound insulation materials and methods for improving acoustic insulation performance.

A description of such methods and materials shall accompany all building applications for uses affected by this section, and shall be subject to approval by the Zoning Administrator.

No permitted use, subdivision, or project in an Airport District shall have outdoor lighting or illumination arranged and/or operated in such a manner as to be misleading or pose a danger to aircraft operations.

The owner of any existing structure that is currently penetrating any referenced surface within an established Airport District shall permit the installation, operation, and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration, or the South Carolina Aeronautics Commission to indicate to the operators of aircraft in the vicinity of an airport the presence of an airport obstruction. These markers and lights shall be installed, operated, and maintained at the expense of the Airport Operator.

However, the regulations prescribed in this section shall not be construed to require the removal, lowering, or other change or alteration of any existing structure or tree not conforming to the regulations as the effective date of this Ordinance, or otherwise interfere with the continuance of an existing use. Nothing contained herein shall require any change in the construction, alternation, or intended use of any structure, the construction or alternation of which was begun prior to the effective date of this Ordinance, and is diligently prosecuted.

Any person desiring to erect or increase the height or size of any structure, not in accordance with the regulations prescribed in this section, may apply for a variance from such regulations to the Zoning Board of Appeals, in accordance with the provisions of Article 9. The application for a variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.

Additionally, no application for a variance to the requirements of this Ordinance may be considered by the Board unless a copy of the application has been furnished to the Airport Operator for advice as to the aeronautical effects of the variance. If the Airport Operator does not respond to the application within 15 days after receipt, the Board may act on its own to grant or deny the application for a variance.

Any permit or variance granted, if such action is deemed advisable to effectuate the purpose of this Ordinance and be reasonable in the circumstances, may be so conditioned as to require the owner of the structure in question to install, operate, and maintain at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration, the South Carolina Aeronautics Commission, and the Airport Operator.