Sullivans Island City Zoning Code
ARTICLE I
IN GENERAL
Sec. 21-1. Authority, enactment and intent.
A. Intent. In pursuance of authority conferred by the South Carolina Code, Title 6, Chapter 29 and in accordance with the Town of Sullivan’s Island’s Comprehensive Plan, the Town Council of Sullivan’s Island, South Carolina, does ordain and enact into law this Zoning Ordinance to:
(1) Prevent the overcrowding of land;
(2) Protect the low-density and residential character of the Island;
(3) Ensure that the mass and scale of new development is compatible with the Island’s existing character, neighborhoods and historical buildings;
(4) Lessen congestion in the streets;
(5) Secure safety from fire, panic, and other dangers;
(6) Promote public health and general welfare;
(7) Promote adequate light and air;
(8) Promote the protection of the Island’s historical character and natural environment;
(9) Avoid undue concentration of population;
(10) Protect scenic areas; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks, and other public requirements; and,
(11) Protect areas subject to periodic flooding against development
B. Relationship to comprehensive plan. It is intended that the Zoning Ordinance implement the Town’s Comprehensive Plan, as amended and periodically updated, including all supplements and attachments.
C. Conformity with zoning ordinance. No building, structure, or premises shall be used, and no building, structure, or part thereof shall be erected, moved, remodeled, extended, enlarged, or altered, except in conformity with this Ordinance. In addition, no other activity, including land clearing or tree removal, regulated by this Ordinance shall be authorized unless in conformity with this Ordinance.
D. Original zoning ordinance. Prior to 1977, Sullivan’s Island was entirely owned by the State of South Carolina with the exception of the military reservation. In 1977, with the transfer of property into private ownership, the South Carolina’s General Assembly provided for the creation of a Zoning Ordinance that set forth zoning districts that insured the Island would be predominantly single family residential with a small amount of supportive office and commercial. The Zoning Ordinance set forth a plan whereby the lots would be one-half (1/2) acre and there would be only one single family dwelling on each lot. The zoning plan confined the office and commercial area generally to either side of Middle Street between Station 22 1/2 and Station 20 1/2.
E. Revision to zoning ordinance.
Since 1977, the Zoning Ordinance of Sullivan’s Island has undergone a substantial number of intermediate revisions. However, in 2002, in response to residents’ growing concerns over the increasing amount of residential construction that was incompatible in scale and mass with existing Island development, Sullivan’s Island took decisive steps to fully update the Zoning Ordinance.
The Zoning Ordinance of Sullivan’s Island is herein revised based on a substantial process of public involvement during 2002 - 2004. As a part of the Ordinance’s revision, the public was asked to craft a vision statement that captured the essence of Sullivan’s Island. The following is the vision statement:
A comfortable home at the beach, safe and friendly, where individuality and diversity are celebrated, neighborhoods are respected, island resources are appreciated, history is intertwined, and families and neighbors seek to thrive.
These revisions limit the mass and scale of new development: provide incentives for retaining the Island’s historical homes; encourage architecture and landscaping that respects the Island’s history and climate; and provide a commitment to resource conservation.
Sec. 21-2. Short title.
This Ordinance shall be known and may be cited as the “Zoning Ordinance.”
Sec. 21-3. General rules of construction.
A. Construction of language, meanings and intent. All provisions, terms, phrases and expressions contained in this Zoning Ordinance shall be construed according to the stated purpose and intent of this Ordinance.
B. Headings, illustrations and text. In case of any difference of meaning or implication between the text and any heading, drawing, table or figure, the text will control.
C. Computations of time and advertisement. The time within which an act is to be completed will be computed by including the first day and excluding the last day. If the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. In the computation of time for public hearing notice, the day of the advertisement will be counted and the day of the hearing will be excluded.
D. References to laws, publications, other ordinances and documents. Whenever reference is made to a state or federal law, another regulation, document or publication, it will be construed as a reference to the most recent edition of such law, regulation (as amended), document or publication, unless otherwise specifically stated. Where there is a reference in this Ordinance to a specific Article, section or subsection that is not identified as being part of any other document, the reference is to an Article, section, or subsection of this Zoning Ordinance.
E. Delegation of authority. Whenever a provision appears requiring the department head or officer of the Town to perform an act or duty, that provision will be construed as authorizing department head or officer to delegate the responsibility to subordinates.
F. Technical and non-technical terms. Words and phrases will be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law will be construed and understood according to such meaning.
G. Mandatory and discretionary terms. The words “shall,” “will,” and “must” are always mandatory. The words “may” and “should” are discretionary terms.
H. Conjunctions. Unless the context clearly suggests the contrary, conjunctions will be interpreted as follows: “and” indicates that all connected items, conditions, provisions or events apply; and “or” indicates that one or more of the connected items, conditions, provisions or events may apply.
I. Tenses and usage. Words used in one tense (past, present or future) include all other tenses, unless the context clearly indicates the contrary. The singular includes the plural, and the plural includes the singular.
Sec. 21-4. Official zoning map.
A. The Official Zoning Map is the official map depicting the boundaries of the above zoning districts of Sullivan’s Island, South Carolina. The Official Zoning Map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Zoning Ordinance.
B. The Official Zoning Map for the Town of Sullivan’s Island shall be identified by the signature of the mayor of Sullivan’s Island, attested by the Town Clerk, and bear the town seal under the words “Official Zoning Map, Sullivan’s Island, Charleston County, South Carolina” together with the date of the adoption of this Zoning Ordinance. If, amendments are made to the district boundaries or other matters in accordance with the provisions of this Zoning Ordinance and the South Carolina Code of Laws, such amendments shall be portrayed on the Official Zoning Map within seven (7) days after the amendment has been adopted by the Town Council.
C. No changes shall be made on the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Zoning Ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Zoning Ordinance and punishable as provided by law.
D. Regardless of the existence of purported copies of the Official Zoning Map, the Official Zoning Map, signed and attested, shall be located in the Town Hall and shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the Town.
Sec. 21-5. Interpretation of district boundaries.
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
A. Boundaries indicated as approximately following the centerlines of streets, alleys, or public utility easements shall be construed to follow such centerlines;
B. Boundaries indicated as approximately following approved and recorded platted lot or tract lines shall be construed as following such lines, whether public or private;
C. Boundaries indicated as approximately following town limits shall be construed as following such town limits;
D. Boundaries indicated as approximately following the centerlines of streams, rivers, waterways and other bodies of water shall be construed to follow such centerlines; and,
E. Boundaries indicated as parallel to or extensions of features indicated in subsection A through D above shall be so construed. Where distances are not specifically indicated on the Official Zoning Map, or in other circumstances not covered by subsections A through D above, the Board of Zoning Appeals shall interpret the district boundaries.
Sec. 21-6. Zoning of new land area.
A. When land area is added into the Town of Sullivan’s Island, by virtue of annexation or some other means, the following provisions shall apply:
(1) The new land area annexed or incorporated into Sullivan’s Island’s jurisdiction shall be classified RS Single Family Residential. Within sixty (60) days following the effective date of such annexation or incorporation, the Town Council shall direct the Planning Commission to review and make recommendations pertaining to the zoning of the newly incorporated areas. The Planning Commission shall, after holding a public hearing, have thirty (30) days to make its recommendations of any zoning amendments. The Town Council shall then process and act upon the Planning Commission’s recommendations following the necessary public hearing as required by this Zoning Ordinance.
(2) In all cases, where annexations or other incorporations of land area to Sullivan’s Island’s total land area require zoning district boundaries adjustments, said adjustments shall be also be reflected as amendments to the Official Zoning Map.
Sec. 21-7. Impact on pending construction.
Nothing in this Ordinance shall require any change in the plans, construction, size, or designated use of any building, structure, or part thereof, for which a Building Permit request has been accepted by Town Staff prior to the ratification of any amendments to the Zoning Ordinance, provided construction shall commence consistent with the terms and conditions of the Building Permit and the Zoning Ordinance in force at the time the permit request is accepted for review. However, if the Building Permit is allowed to expire, then the proposed plans will require a new review and building permit issuance under the current Zoning Ordinance language at the time of resubmittal.
(Ord. 2024-08, passed 10-15-2024)