Sullivans Island City Zoning Code
ARTICLE II
GENERAL REQUIREMENTS
Sec. 21-9. Establishment of districts.
For the purpose of this Zoning Ordinance, the Town of Sullivan’s Island is hereby divided into the following Zoning Districts:
A. RS - Single Family Residential District;
B. CC - Community Commercial District;
C. CCOD 1 and 2 - Community Commercial Overlay Districts 1 and 2; and (3/20/12)
D.
R & C Recreation & Conservation Area Districts 1 and 2;
E. HP - Historic Preservation Overlay District; and
F. PF - Public Facilities District.
(Ord. 2021-21, passed 2-15-2022)
Sec. 21-10. Minimum standards shall be met.
A. The regulations set by this Zoning Ordinance within each district shall be minimum standards and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.
B. No land or structure shall hereinafter be used or occupied, and no structure or parts shall hereinafter be constructed, erected, altered or moved unless in conformity with all the regulations herein specified for the district in which it is located, or unless the Board of Zoning Appeals has granted a Variance to permit an exception to the Zoning Standards; or unless specific latitude is granted by the Zoning Ordinance to the Design Review Board to allow flexibility in the application or interpretation of the Zoning Standards.
C. Unless otherwise provided for, no structure shall hereafter be erected or altered
(1) with greater height, size, bulk or other dimension;
(2) to house or accommodate a greater number of families;
(3) to occupy a greater percentage of Lot Area; or
(4) to have narrower or smaller front, side or rear yards or other open spaces than herein required, or in any other manner contrary to the provisions of this Zoning Ordinance.
Sec. 21-11. Definitions and application of zoning standards, design standards and design guidelines.
A. Zoning standards.
(1) Definition: Zoning Standards are regulations governing land uses, lot area and dimensions, setbacks, lot coverage, size and height. These regulations address a structure’s location on the lot and the permitted building envelope.
(2) Application: Zoning Standards apply to all lots, structures, and uses. A Zoning Standard shall be satisfied unless there is specific authorization in this Ordinance for the Design Review Board to modify such standard within specified parameters. Otherwise, the only form of relief from a Zoning Standard is a Variance granted by the Board of Zoning Appeals.
(3) Examples of zoning standards:
(a) Land use;
(b) Lot area and width;
(c) Front, side and rear setbacks;
(d) Setbacks from RC-1 & RC-2 Districts;
(e) Building height;
(f) Principal building coverage area;
(g) Impervious coverage area;
(h) Principal building square footage;
(i) Third story; and,
(j) Standards related to the RC-Districts, Vacation Rentals, Signs, Trees, Accessory Uses and Structures.
B. Design standards.
(1) Definition: Design Standards are regulation governing the design, orientation, and elevation of buildings and the treatment of site lighting.
(2)
Application: Design Standards apply to all construction or any enlargement or extension of an existing structure; however, Design Standards shall not apply to routine maintenance or interior renovation that does not add square footage based on a determination by the Zoning Administrator. A Design Standard shall be satisfied unless there is specific authorization in this Ordinance for the Design Review Board to modify such standard within specified parameters. Otherwise, the only form of relief from a Design Standard is a Variance granted by the Board of Zoning Appeals.
(3) Examples of Design Standards:
(a) Principal building front and side facade;
(b) Orientation of principal building;
(c) Foundation height;
(d) Foundation enclosure;
(e) Site lighting.
C. Design guidelines.
(1) Definition: Preferred design features or approaches recommended as guidelines only and not imposed as requirements.
(2) Application: A Design Guideline may used to enhance the compatibility of a proposed structure or improvement by applicants, the Design Review Board, the Board of Zoning Appeals or the Zoning Administrator.
(3) Examples of Design Guidelines:
(a) Massing ratio;
(b) Eave height;
(c) Porches and decks;
(d) Roof shape;
(e) Roof decks and roof gazebos;
(f) Front-oriented stairs;
(g)
Landscaping;
(h) Driveways;
(i) Windows and doors.
Sec. 21-12. Lot subdivision, use location and calculation and measurement of areas (5/15/12)
A. Lot subdivision. Except as otherwise provided in Section 21-49, lots may not be subdivided in any manner that would (5/15/12)
(1) Create an additional lot, or eliminate an existing lot; (5/15/12)
(2) Reduce the size of a lot below one-half (1/2) acre; or if the existing lot is smaller than one-half (1/2) acre, diminish the size of the existing lot; (5/15/12)
(3) Reduce the street frontage of any lot to less than fifty feet (50’); (5/15/12)
(4) Change any lot lines in such a manner as to adversely affect availability of, or accessibility to, water and sewer taps; (5/15/12)
(5) Create a lot that is not generally rectangular in shape. (5/15/12)
B. Location of uses.
(1) Every building or use shall be located on an approved lot of record approved by the Town of Sullivan’s Island and shall not infringe beyond the building lines into the respective Front, Side, Rear Yards or other Setbacks required for the district in which the lot is located. (3/20/12)
(2) No structure or part of a structure shall be erected or allowed to remain within applicable minimum yard Setbacks unless specifically provided hereafter. A structure or part of a structure shall include buildings, overhanging eaves, covered structures such as steps, porches, patios, carports, and any other extension of a building beyond its foundation line.
C. Calculating lot area.
(1) For the purposes of calculating Lot Area, only that portion of the lot lying outside the area designated as marsh or that portion above the ocean’s high water mark shall be included in the Lot Area.
(2) Lots adjacent to RC-1. The Lot Area utilized to determine said minimum size shall include only land area located above and landward of the landward RC-1 Area District boundary line.
(3) Lots adjacent to RC-2. The Lot Area utilized to determine said minimum size shall include only land area located above and landward of the SC DHEC-OCRM “Critical Area Line” as determined in the field by OCRM staff.
(4) Right-of-way easements for streets or roads shall not be considered a part of the Lot Area.
D. Measuring buildable area.
(1) The required front, side, and rear yards for individual lots shall be measured inward toward the center of said lot from all points along the respective front, side, and rear property lines of the lot.
(2) Once the yard areas of a given lot have been established, the remaining area of the lot that is not included in any required front, side, or rear lot shall be known as the “Buildable Area” unless otherwise defined.
Sec. 21-13. Increase or decrease in natural elevation prohibited.
(1) Any importation of materials of any type or re-contouring of a lot’s existing contours that increased a lot’s existing ground elevation more than one (1) foot above existing grade and results or may result in elevating an existing or proposed structure is strictly prohibited.
(2) Any decrease in a lot’s existing ground elevation is strictly prohibited.
Sec. 21-14. Street frontage and visibility.
A. Frontage on a street. All lots shall have frontage on a publicly dedicated, publicly accepted or publicly maintained street. Alleys are not considered as providing frontage.
B. Street intersection visibility. No fence, wall, sign, vegetation or other structure or object capable of obstructing driver vision shall be permitted between the heights of three (3) feet and ten (10) feet above the finished street level on a corner lot within fifteen (15) feet of the point formed by the intersection of the street right-of-way lines (or such lines extended in case of a rounded corner) which abut said lot.
C. Private drive visibility. No fence, wall, sign, vegetation, or other structure shall create an impediment to visibility at the intersection of any private drive or entrance or exit with a public street.
Sec. 21-15. Driveways.
A. All improved ingress/egress access to all lots shall meet the following requirements. Improved Access shall mean all driveways except natural grass or lawn areas.
(1) Number, width and location.
(a) Driveway access shall be limited to one (1) per lot in RS District provided, however, such non-residential uses such as schools, churches, daycare facilities, cemeteries, government uses and the like may have no more than two (2) per lot.
(b) Width shall be limited to twelve feet (12.0’) at the street-front lot line in the RS District. Distance between the curved radius taper measured at the edge of street pavement shall not exceed twenty feet (20.0’) at the widest point. Radius taper at edge of street pavement may not exceed a ten foot (10.0’) curved radius taper. (08-15-06)
(c) Driveways shall be placed on the street frontage in which no parking is allowed as a first alternative, and shall not displace public parking spaces if at all possible. If the displacement of public parking spaces is unavoidable, the driveway shall be sited to minimize displacement to the fullest extent possible.
(2) Plans required.
(a) Driveway plans shall be required for review and approval prior to driveway construction.
(b) Proposed driveway location will be shown on construction plans. Alteration of driveway location as shown on approved plans shall be re-approved prior to construction. A Building Permit shall not be issued until it is confirmed that the proposed driveway meets the above driveway standards.
(c) A SCDOT encroachment permit is required prior to construction of a driveway.
Sec. 21-16. Water and air pollution.
All uses shall comply with the requirements of the Charleston County Health Department, regarding the protection of waterways from pollution by waste materials and the protection of the atmosphere from pollution by dust, smoke, or other waste materials.
Sec. 21-17. Stormwater management.
(A) No lot shall be built upon, graded or filled without the Building Official’s or Zoning Administrator’s prior approval of a stormwater management plan. The stormwater management plan and construction specifications must be stamped and signed by a professional engineer or landscape architect actively licensed in the state. All stormwater plans must include a scaled site plan and survey illustrating all existing and proposed topographical features of the lot, existing and proposed drainage flow patterns, with a site narrative describing the means and methods of preventing adverse impacts to adjacent and/or downstream properties. The following site changes shall require the submittal of a stormwater management plan:
(1) Any new building construction, new impervious surface, or replacement of impervious surfaces, which cumulatively exceed 625 square feet in area (All development shall be cumulative over time when considering the square footage threshold for requiring a stormwater management plan); and
(2) Adding fill or re-contouring of 20% or more of the existing lot area in accordance with Section 21-13.
(B) Additional submittal materials, design specifications and maintenance schedules may be requested at the discretion of the Building Official and/or Zoning Administrator to ensure compliance with the County Stormwater Management Program.
(Ord. 2016-06, passed 9-20-2016)