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Ridgeland City Zoning Code

ARTICLE 1

- GENERAL TO ALL PLANS

1.1 - AUTHORITY.

1.1.1

The action of the Town of Ridgeland, South Carolina in the adoption of this Code is authorized under the Charter of the Town of Ridgeland and by the General Statutes of South Carolina Code Section 6-26-710, as amended.

1.1.2

The Code was adopted as one of the instruments of the public purposes and objectives of the adopted Town of Ridgeland Comprehensive Plan, dated September 2007. This Code is declared to be in accord with the Town of Ridgeland, South Carolina Comprehensive Plan.

1.1.3

This Code was adopted to promote the health, safety and general welfare of the Town of Ridgeland, South Carolina, and its citizens, including protection of the environment, conservation of land, energy, and natural resources, reduction in vehicular traffic congestion of land, energy and natural resources, reduction in vehicular traffic congestion, more efficient use of public funds, health benefits of a pedestrian environment, historic preservation, education and recreation, reduction in sprawl development, and improvement to the built environment.

1.1.4

This Code was adopted and may be amended by vote of the Town of Ridgeland Town Council.

1.2 - APPLICABILITY.

1.2.1

The term "may" is to be construed to be permissive. The term "shall" is to be construed as mandatory.

1.2.2

The provisions of this Code, when in conflict, shall take precedence over those of other codes, ordinances, regulations and standards except Town of Ridgeland codes relating to health and safety.

1.2.3

Article 7 contains regulatory language that is integral to this Code. Those terms not defined in Article 7 shall be accorded their commonly accepted meanings. In the event of conflicts between these definitions and those of existing local codes, those of this Code shall take precedence.

1.2.4

The metrics of Article 6 standards and tables are an integral part of this Code. However, the diagrams and illustrations that accompany them should be considered guidelines, with the exception of those form-based code graphics, which are also legally binding.

1.2.5

Where in conflict, numerical metrics shall take precedence over graphic metrics.

1.3 - INTENT.

The intent and purpose of this Code is to enable, encourage, and quantify the implementation of the following policies:

1.3.1

The region.

A.

The region should retain its natural infrastructure and visual character derived from topography, woodlands, farmlands, riparian corridors and coastlines.

B.

Growth strategies should encourage infill and redevelopment in parity with new communities.

C.

Development contiguous to urban areas should be structured in the pattern of infill TND and be integrated with the existing settlement pattern of Ridgeland, South Carolina.

D.

Development non-contiguous to urban areas should be organized in the pattern of CLD, or TND.

E.

Affordable housing should be distributed throughout the region to match job opportunities and to avoid concentrations of poverty.

F.

Transportation corridors should be planned and reserved in coordination with land use. Land use should take precedence over transportation.

G.

Green corridors should be used to define and connect the urbanized areas.

H.

The region should include a framework of transit, pedestrian, and bicycle systems that provide alternatives to the automobile.

1.3.2

The community.

A.

Neighborhoods and regional centers should be compact, pedestrian-oriented and mixed use.

B.

Neighborhoods and regional centers should be the preferred pattern of development and that districts specializing in a single use should be the exception.

C.

Ordinary activities of daily living should occur within walking distance of most dwellings, allowing independence to those who do not drive.

D.

Interconnected networks of thoroughfares should be designed to disperse traffic and reduce the length of automobile trips.

E.

Within neighborhoods, a range of housing types and price levels should be provided to accommodate diverse ages and incomes.

F.

Appropriate building densities and land use should be provided within walking distance of transit stops.

G.

Civic, institutional, and commercial activity should be embedded in downtowns, not isolated in remote single-use complexes.

H.

Schools should be sized and located to enable children to walk or bicycle to them.

I.

A range of open space including parks, squares, and playgrounds should be distributed within neighborhoods and downtowns.

1.3.3

The block and the building.

A.

Buildings and landscaping should contribute to the physical definition of thoroughfares as civic places.

B.

Development should adequately accommodate automobiles while respecting the pedestrian and spatial form of public areas.

C.

The design of streets and buildings shall reinforce safe environments, but not at the expense of accessibility.

D.

Architecture and landscape design shall grow from local climate, topography, history, and building practice.

E.

Buildings should provide their inhabitants with a clear sense of geography and climate through energy efficient methods.

F.

Civic buildings and public gathering places shall be provided as locations that reinforce community identity and support self-government.

G.

Civic buildings should be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the town.

H.

The preservation and renewal of historic buildings should be facilitated, to affirm the community and evolution of society.

I.

The harmonious and orderly evolution of urban areas should be secured through Form-Based Codes.

1.3.4

The transect.

A.

Communities should provide meaningful choices in living arrangements as manifested by distinct physical environments.

B.

The transect zone descriptions shall constitute the intent of this code with regard to the general character of each of these environments.

1.4 - PROCESS.

1.4.1

The Town of Ridgeland, South Carolina hereby creates a Consolidated Review Committee ("CRC") comprised of the members of the existing Planning Commission as well as the Town Administrator and Planning Director, to process administratively applications and plans for proposed projects.

1.4.2

The geographic locations of the sectors and the standards of for the Transect Zones shall be determined as set forth in Article 2, Article 3, Article 4, and Article 5 through a process of consultation with approval by the Town of Ridgeland Planning Commission and Town Council. Once these determinations have been incorporated into the Code and its associated plans, then projects that require no variances or warrants, or only warrants, shall be processed administratively by the town administrator or his or her designee without further recourse to public consultation.

1.4.3

An owner may appeal a decision of the CRC to the Board of Zoning Appeals and may appeal a decision of the Board of Zoning Appeals to the Town Council.

1.4.4

Should a violation of an approved regulating plan occur during construction, or should any construction, site work, or development be commenced without an approved regulating plan or building scale plan, the Town Administrator or his or her designee has the right to require the owner to stop, remove, and/or mitigate the violation, or to secure a variance to cover the violation.

1.5 - WARRANTS AND VARIANCES.

1.5.1

There shall be two types of deviation from the requirements of this Code: Warrants and variances. Whether a deviation requires a warrant or variance shall be determined by the CRC.

1.5.2

A warrant is a ruling that would permit a practice that is not consistent with a specific provision of this Code but is justified by the provisions of Section 1.3 Intent. The CRC shall have the authority to approve or disapprove administratively a request for a warrant pursuant to regulations established by the Town Council.

1.5.3

A variance is any ruling on a deviation other than a warrant. Variances shall be granted only in accordance with South Carolina Code Section 6-29-800, as amended.

1.5.4

The request for a warrant or variance shall not subject the entire application to public hearing, but only that portion necessary to rule on the specific issue requiring the relief.

1.5.5

The following standards and requirements shall not be available for warrants or variances:

A.

The maximum dimensions of traffic lanes of thoroughfare types.

B.

The required provision of rear alleys and rear lanes.

C.

The minimum base residential densities.

D.

The permission to build accessory buildings.

E.

The minimum requirements for parking.

1.6 - AFFORDABLE HOUSING INCENTIVES.

1.6.1

To encourage the provision of affordable housing, the Town of Ridgeland grants the following incentives:

A.

Applications containing affordable housing that meets this Code shall be processed administratively by the CRC. Others may be processed by variance.

B.

Applications containing affordable housing may be processed with priority over others, including those with earlier filing dates, provided that other applications are not pushed past their deadlines.

C.

Highest priority for processing and for approval may be given to applications involving partnership with a community land trust or other non-profit organization responsible for ensuring the long-term retention of the affordable housing.

D.

The municipality may increase density for projects containing affordable housing.

E.

The municipality may waive or reduce parking requirements for affordable housing units located within a quarter mile of a transit stop.