Sullivans Island City Zoning Code
ARTICLE V
RC-1 & RC-2 RECREATION AND CONSERVATION AREA DISTRICTS
Sec. 21-67. Findings and intent of RC Area Districts.
A. RC Area Districts’ findings of fact. The Town Council of the Town of Sullivan’s Island finds the following:
(1) The RC Areas greatly contribute to the health, safety and welfare of the residents of Sullivan’s Island and that they provide Island residents as well as visitors, with countless hours of pleasurable activity and rest and relaxation, which is important to the goal of public health, safety and welfare;
(2) The boundaries of the RC Areas are constantly shifting over unpredictable periods of time, in that they are composed of sand dunes and vegetation that ceaselessly change, and that these areas are prone to flooding, and, therefore, not suitable to development for any purpose;
(3) The Town of Sullivan’s Island originated as a health resort for all the people of the State of South Carolina, and that the RC Areas are vital to the purpose, and useful for that purpose only so long as they remain in a natural, undeveloped condition subject to the changing tides;
(4) The RC Areas, left in their natural state, provide protection to adjoining landowners and their property from the hazards of high tides and floods caused by hurricanes, tropical storms and seasonal tides;
(5) The construction of the Santee-Cooper Diversion Canal and subsequent changes in the volume of water flowing through Charleston Harbor may cause further changes of an unknown nature upon the shoreline of Sullivan’s Island, all of which the Town Council find to be a threat to all of the residents and property owners of the Town; and,
(6) The RC Area are of a particular beauty in its natural state so as to provide aesthetic value necessary to the public health, safety and welfare of Island residents and visitors, and in keeping with the historic uses of Sullivan’s Island.
B. Intent and uses in RC Area Districts. The RC Areas shall be preserved in their natural state, except for the trimming, pruning and cutting of bushes and trees as provided in herein, as areas of recreation and conservation for the purpose of protecting the ecology, the adjoining property, and the environment, and enhancing and protecting the safety and welfare of the Town and its residents. Further, any activity shall be prohibited in these areas that would detract from their natural state, including, but not limited to, the activities stated herein, so as to maintain this natural state for the public enjoyment and as protection for the Town and all of its citizens against the dangers and erosion as delineated in the above Findings of Fact.
Sec. 21-68. General description of RC Area Districts.
A. RC-1 Area Districts (ocean side).
(1) General Description of RC-1 Area District. The RC-1 Area District shall be defined as follows: all that area within the corporate limits of the Town of Sullivan’s Island between, on the one hand, a line commencing at a point being the centerline of Breach Inlet between Sullivan’s Island and the Isle of Palms on the north side of the bridge across Breach Inlet serving as South Carolina Highway 703 and running southerly along the centerline of Breach Inlet to a point opposite the low water mark of the Atlantic Ocean on the southeastern most part of the front beach of Sullivan’s Island; thence running with the curve of Sullivan’s Island in a direction that is first generally southwesterly, then generally westerly, and then generally northerly along the low water mark of the Atlantic Ocean on the front beach of Sullivan’s Island to a point in the centerline of Cove Inlet and the Intracoastal Waterway opposite the low water mark of the Atlantic Ocean on the northernmost part of the front beach of Sullivan’s Island and, on the other hand, (1) the property platted on Sullivan’s Island or (2) the primary oceanfront sand dune as marked in the field by OCRM staff or (3) the seaward face of a functional erosion control device, whichever line includes more area within the RC-1 Area, including but not limited to, those areas owned by the Town of Sullivan’s Island, by the State of South Carolina, by the United States Government, or by persons, and also including that area between the aforesaid low water mark of the Atlantic Ocean and a line beginning at the southeast corner of the lot on Sullivan’s Island bordered by Pettigrew Street on the north and Station 22nd Street on the east and running in a generally easterly direction to the southwest corner of the lot bordered on the west by Station 22 1/2 Street and on the north by Atlantic Avenue.
(2) Sub-Areas of RC-1 Area District. The RC-1 Area District, as depicted upon the official Zoning Map for the Town of Sullivan’s Island, is hereby subdivided into areas RC-1A, RC-1B, RC-1C, RC-1D and RC-1E. The RC-1A Area shall be that area from the Thompson Memorial Bridge south to the intersection of the north lot line of the property owned by School District No. 2 located in the block of Station 20 on the front beach. The RC-1B Area shall run from the north lot line of the aforesaid School District No. 2 property south to the intersection of the south lot line of School District No. 2 property on the front beach located in the block of Station 19. The RC-1C Area shall run from the aforesaid south lot line of the School District No. 2 property in the block of Station 19 south to the intersection of Station 16 Street south and the front beach. The RC-1D Area shall run from Station 16 Street south to Station 12 Street and the front beach. The RC-1E Area shall run from Station 12 Street south to the Intracoastal Waterway.
B. RC-2 Area District (marsh side). The RC-2 Area District shall be defined as follows: all that area within the corporate limits of the Town of Sullivan’s Island between, on one hand, beginning at a point at the centerline of Cove Inlet and the Intracoastal Waterway opposite the low water mark of the Atlantic Ocean on the northernmost part of the front beach of Sullivan’s Island, thence running in a generally easterly direction along the centerline of Cove Inlet and the Intracoastal Waterway to a point marked “L” on a certain plat entitled “Plat of Area, proposed for annexation to Mt. Pleasant”, by E. M. Seabrook, Jr. - C.E., dated February 12, 1963, and recorded in the RMC Office for Charleston County on February 15, 1963, in Plat Book N at Page 127 and on microfilm in Book R-78 at Page 219; thence running in a generally easterly direction along the line “L-K-J” on such plat (which line is a present boundary of the Town of Mt. Pleasant and Sullivan’s Island) and in a generally easterly direction along the centerline of the Intracoastal Waterway until it intersects the centerline of Swinton Creek; thence running southwesterly and southerly along the centerline of Swinton Creek and Breach Inlet to a point being the center line of Breach Inlet between Sullivan’s Island and Isle of Palms on the north side of the bridge across Breach Inlet serving as South Carolina Highway 703, and, on the other hand, (1) the property now platted on Sullivan’s Island, or (2) the South Carolina Department of Health and Environmental Control Bureau of Ocean and Coastal Resource Management (OCRM) formerly know as the South Carolina Coastal Council “Critical Area Line” along Sullivan’s Island, whichever line includes more area within the RC-2 Area District.
Sec. 21-69. Erosion control structures in RC Area Districts.
A. No fill material, seawalls, jetties, bulkheads, revetments, groins, breakwaters, boardwalks, fences, or other erosion control structures shall be constructed, erected, or placed within the RC-1 Area District or the RC-2 Area District, except as provided in herein, without Town permission and permission of other agencies as appropriate.
B. Nothing in this section shall be construed to prevent the Town or other property owners from repairing groins, seawalls, bulkheads, revetments or other erosion control structures, provided permission for such repairs is obtained from the OCRM and the Town, where applicable.
C. It shall be the responsibility of property owners to furnish by August 1, 1999, the Town with plans or other information pertaining to erosion control structure location, elevation, and construction materials.
D. For the purpose of this Zoning Ordinance, repair of erosion control structures shall not be allowed when such structures are determined by the Town to be damaged fifty (50%) percent or more. The Town shall make the damage determination using procedures developed and adopted by OCRM.
E. Erosion control structures damaged less than fifty (50%) percent may be repaired in place, provided such repairs comply with all Town and OCRM repair regulations. The Town shall make the damage determination using procedures developed and adopted by OCRM. In the event that Town and OCRM repair regulations are in conflict, the more restrictive shall apply.
F. Damaged erosion control structures shall not be enlarged, strengthened beyond pre-damage condition or rebuilt during permitted repairs. Repairs shall be made with materials similar to those of the existing erosion control structure. However, in the event that an adjacent erosion control structure is destroyed and is not permitted to be repaired, a property owner shall be allowed to construct a wing wall, provided permission is obtained from the OCRM and Town.
G. The Town may require as a condition of erosion control structure repair that the property owner renourish the beach seaward of the erosion control structure on an annual basis with two (2) cubic yards of sand per foot of structure length as measured along the shoreline. This condition shall remain in effect as long as the erosion control structure remains in place and exposed, in whole or in part. Renourishment sand shall come from an upland source and shall be approved by the OCRM as beach-compatible. The timing and location of renourishment sand placement shall be governed by Town and OCRM regulations.
Sec. 21-70. General provisions for RC-1 Area District.
A. The provisions of this Article are applicable to the RC-1 Area District land area of the Town. The Town of Sullivan’s Island retains full authority over RC-1 Area District land, subject to the conditions, restrictions, and covenants set forth in the Title to Real Estate dated February 12, 1991, conveying said land to the Town of Sullivan’s Island. The permits allowed herein for the trimming and pruning of vegetation upon application of private landowners as set forth herein are not intended by the Town, and the provisions shall not be construed as granting to any private landowner, the unrestricted right to trim and prune vegetation in the RC-1 Area District. The trimming and pruning provided herein is granted as an accommodation to landowners living immediately adjacent to RC-1A, RC-1C or RC-1E areas, and the Town retains full authority to amend and/or revoke any portion of these provisions.
B. The permits allowed herein do not obviate the need or requirement of any landowner obtaining a permit under this Article from any other required permit or authorization from any governmental or regulatory body that may have jurisdiction over the RC-1 Area District. Any landowner obtaining a permit shall agree to indemnify the Town for any action taken pursuant to said permit in derogation of any County, State, or Federal law or regulation, including costs, fines and attorney’s fees.
C. Nothing in this Article shall be construed to prevent the Town of Sullivan’s Island from erecting or having erected signs in the RC-1 Area District for regulatory or instructional purposes.
Sec. 21-71. Trimming and pruning in the RC-1 District.
A. No construction or removal of vegetation. There shall be no construction of any type, no destruction or removal of vegetation by any means except trimming and pruning of shrubs and trees as provided in this Ordinance, and no manmade changes to topography in an RC-1 Area District, except as provided herein and in the Title to Real Estate dated February 12, 1991, conveying said land to the Town of Sullivan’s Island.
B. Retaining of a town vegetation consultant. The Town shall engage a qualified consultant to monitor trimming and pruning of shrubs and trees in the RC-1 Area District. The consultant shall agree to visit each site during the trimming and pruning permitted hereunder to ensure that work is being done according to the highest professional standards and the requirements of this Ordinance. The cost of the consultant’s visits shall be included in the permit fee that shall be paid by each applicant.
C. Permit for trimming and pruning of vegetation.
(1) Any landowner living immediately adjacent to the RC-1A, RC-1C or RC-1E Area shall upon application to the Zoning Administrator be issued a permit, subject to the other terms and conditions of this Ordinance, to trim and prune the shrubs and trees enumerated herein in an area from the applicant’s lot line towards the ocean within the extension of the landowner’s side lot lines projected towards the ocean.
(2) The trimming and pruning allowed herein shall only be permitted between November 1st and the following February 28th.
(3) The only vegetation that may be trimmed and pruned in the RC-1 A, RC-1C or RC-1E Areas is limited to the following: Southern Waxmyrtle (Myrica Cerifera), Eastern Baccharis (Baccharis Halimifolia), and Popcorn trees (Tallowtree, Sapium Sebiferum). This vegetation may be trimmed and pruned so as to have a maximum height of no less than five (5) feet above the ground and shall be trimmed and pruned in accordance with the highest professional standards and in accordance with the guidelines promulgated by the Town of Sullivan’s Island. In the case of Popcorn trees, cutting can extend below five (5) feet if recommended by the consultant hired under this Ordinance and approved by the Tree Commission.
(4) The trimming and pruning allowed and all work performed shall be accomplished without the use of any heavy machinery, vehicles or other such machinery being brought into the RC-1 Area District or onto the beach front.
(5) There shall be no trimming, cutting or pruning of any vegetation of any sort in the RC-1B and RC-1D Areas.
D. Trimming and pruning by a licensed commercial contractor.
(1) Only a commercial contractor licensed by the Town of Sullivan’s Island specifically for such purpose shall accomplish all trimming and pruning.
(2) The Town shall make a list of qualified licensed commercial contractors available to those who apply for a permit pursuant to the terms of this Ordinance.
(3) Both the landowner and the qualified contractor hired or retained by the landowner shall make the permit application.
(4) To qualify, the contractor shall demonstrate to the Town that he/she has the experience to perform the trimming and pruning in accordance with the highest professional standards that he/she is capable of identifying the vegetation that may be trimmed and that he/she has read the Ordinance and is familiar with its conditions, regulations and penalties.
(5) Each commercial contractor licensed by the Town of Sullivan’s Island to perform the work allowed by this Ordinance shall, prior to the issuance of a permit, be required to sign an agreement to perform all work in a manner consistent with the provisions and restrictions of the Ordinance and guidelines set forth by the Town and the consultant as identified below.
(6) The contractor shall file a certificate of insurance with the Town evidencing workers’ compensation coverage and public liability coverage of at least One Million Dollars ($1,000,000). The contractor shall also post a performance bond in the amount of Five Thousand Dollars ($5,000) wherein he/she guarantees faithful performance of his/her duties and obligations hereunder in a manner consistent with this Ordinance and instruction by the Town’s consultant. Additionally, the principal of each contractor shall agree to be personally liable for compliance with the terms of this Ordinance.
E. Fees and posting of permit.
(1) A fee of Two Hundred Fifty Dollars ($250) shall be paid by the applicant to the Town of Sullivan’s Island for the granting of a permit to perform the work allowed hereunder.
(2) The applicant shall also pay the costs charged by the licensed contractor for the actual cutting done pursuant to the application.
(3) The permit shall be posted on the Lot facing the street in plain view of the street at all times that any work is undertaken pursuant to said permit. Said permit shall be valid for the time specified in the permit with only one permit per Lot allowed for each cutting season.
F. Performance.
(1) All work performed pursuant to this permit, and all methods of trimming and pruning shall be performed in accordance with the highest professional standards and shall be monitored by and subject to the approval of the Town of Sullivan’s Island and its consultant.
(2) The Town and its consultant shall have the right to immediately stop any work being performed in a manner not allowed, permitted or approved by removing and revoking the permit posted pursuant to E.
(3) At the conclusion of the trimming and pruning permitted herein, the consultant shall visit each site and issue a certificate to the Town and to the landowner certifying that the trimming and pruning has been performed in accordance with the terms and provisions of this Ordinance and highest professional standard. The cost of the consultant’s site visits shall be included in the permit fee that shall be paid by each applicant.
(4) All cuttings shall be removed from the RC-1 Area District by said commercial contractor upon the completion of said work and hauled off of the Island to an appropriate recycling dump by said contractor or used on the Island in such use as specifically approved by the Tree Commission.
(5) Any person not complying with the terms of this Ordinance shall immediately forfeit said bond and shall be subject to all other terms and provisions of this Ordinance relating to fines and penalties in addition to the forfeiting of said bond.
G. Fines for violations.
(1) The violation of the terms of this Ordinance shall constitute a criminal offense and shall be punishable by the Municipal Court of the Town of Sullivan’s Island or other Court of competent jurisdiction.
(2) Each tree or shrub which is trimmed or pruned in violation hereof, or poisoned or destroyed in any manner, shall subject the person so violating this Ordinance to a fine of Five Hundred Dollars ($500) and/or thirty (30) days in jail.
(3) Each other violation of this Ordinance shall subject the person so violating to a fine of Five Hundred Dollars ($500) and/or thirty (30) days in jail.
(4) Penalties prescribed herein shall be in addition to the forfeiture of the bond specified above. In addition, the violator shall pay for the replacement of vegetation in like species and volume as determined to be appropriate by the Town upon the professional recommendation of its consultant.
(5) The fees generated by the permit application and fines from any violations of this Ordinance, as well as forfeiture of any bonds for violations hereof shall be set aside by the Town in a dedicated fund and used to pay its consultant and for such matters as appropriate studies and surveys of the land, its vegetation, wildlife and natural processes, mapping and photographing, also information and education programs and materials, as well as mitigation described in H.
H. Mitigation.
(1) If any violation of the provisions and restrictions of this Ordinance and the guidelines for trimming and cutting occurs, wherein the perpetrator is not known, the Town shall undertake mitigation to replace the vegetation with like species and volume, upon the recommendation of the consultant, from funds available from fines and fees generated pursuant to this Ordinance as established in G(5).
(2) If the perpetrator is known, then in addition to fines levied by the Town pursuant to this Ordinance, the Town shall institute civil proceedings to require said perpetrator to pay the cost of mitigation and to collect such other damages as are allowed by law. Fines and fees generated shall be used by the Town to replant vegetation in the specific area where any such loss occurred. It is the intent of this Ordinance to replace any vegetation so damaged or destroyed with like kind and volume.
Sec. 21-72. Maintenance of footpaths in the RC-1 Area District.
A. Landowners living immediately adjacent to the RC-1 Area District may maintain existing dirt footpaths through the RC-1 Area District to the beach.
B. Existing dirt footpaths shall not exceed six and one-half (6 1/2) feet in width; new paths shall not be created.
C. Footpaths shall follow the natural contours of the land and dunes.
D. No trees or branches one and one half (1 1/2) inches in diameter or larger shall be cut or destroyed without first receiving permission from the Town of Sullivan’s Island Zoning Administrator or Building Official.
E. No fill or any other material whatsoever shall be brought in for said paths.
F. Nothing contained in this section shall restrict the Town from maintenance of public constructed walkovers and emergency access through the RC-1 Area District.
Sec. 21-73. Tree Commission assistance with RC-1 Area District.
A. The Town may seek the assistance of the Sullivan’s Island Tree Commission to support the activities of this Ordinance as they pertain to the gathering, organizing and dissemination of information about the RC-1 Area District, and to the replacement of vegetation under mitigation.
B. The Tree Commission is hereby given the following responsibilities in addition to those it already has:
(1) Provide guidance with the management of tree pruning and trimming within the RC-1 District;
(2) To study and monitor the impact of the pruning and trimming allowed under Sec. 21-71 with regard to the flora and fauna located within the RC-1 Area District;
(3) To study and monitor the impact of the pruning and trimming allowed under Sec. 21-71 as to the integrity of the RC-1 Area District as it relates to erosion control and beach stability, drainage, mosquito control, and the public welfare, safety, and health of the Town; and
(4) To study and make recommendations to the Town as to the management of all RC-1 Area District so as to preserve and maintain RC-1 Area District in accordance with the public welfare, safety, and health of the Town and the covenants and restrictions set forth in the Title to Real Estate dated February 12, 1991, conveying said land to the Town of Sullivan’s Island.
C. The Commission in the discharge of its duties may seek the advice of the consultant retained by the Town as set forth in this Ordinance.
Sec. 21-74. General uses in the RC-2 Area District.
A. In the RC-2 Area District there shall be no construction of any type, no destruction of vegetation, except trimming, cutting and pruning of back beach bushes and trees as provided in Sec. 21-71, non-manmade changes of topography, however, the construction of private docks by owners of lots adjoining this area may be permitted subject to the restrictions of Sec. 21-75.
Sec. 21-75. Construction of private docks in RC-2 Area District.
A. In the RC-2 Area District the construction of private docks by owners of lots adjoining this area may be permitted, provided approval of the Town of Sullivan’s Island, U.S. Corps of Engineers, the Department of Health and Environmental Control/Office of Ocean and Coastal Resource Management (DHEC/OCRM) and any other governmental or regulatory agency with jurisdiction.
B. The following restrictions govern the construction of docks in the RC-2 Area District:
(1) No dock shall be permitted to be constructed which extends into the channel or extends so far as to interfere with navigation;
(2) No dock shall be permitted to be constructed across marshland in the RC-2 Area District from the centerline extension of Station 18 to the centerline extension of Station 27 and no dock shall be permitted to be constructed in the marsh lands of the RC-2 Area District in the area located between the intersection of the eastern point of the Sullivan’s Island Fire Rescue Squad Boat Landing lot located at the end of Point Street, TMS#523-06-00-070, and the Osceola Avenue right-of-way and the intersections of the western point of the lot located at 1010 Osceola Avenue, TMS#523-06-00-003, and the Osceola Street right-of-way. In all other areas of the RC-2 Area District, no dock shall be permitted to be constructed where the length of the dock shall exceed three hundred (300) feet in total length; (4-18-06)
(a) Exception: a dock may extend up eight hundred (800) feet to reach a creek that is two hundred (200) feet or more in width (width of creek measured from land or marsh grass to land or marsh grass); however, said dock shall not be permitted to cross a creek that is greater than eight (8) feet in width to reach the two hundred (200) foot width creek.
(3) Pier head, floating dock and boatlift.
(a) The head of the permanent dock/“pier head” structure shall be no greater in size than two hundred twenty-five (225) square feet and may include a bench not exceeding more than thirty (30) linear feet and twenty-four (24) inches in width. (4-18-06)
(b) In addition to the permanent pier head of the dock, there may be a floating dock no greater than eight (8) feet by twenty (20) feet or one hundred sixty (160) square feet. An attached structure for storage (“dock box”) may be placed on a dock or floating dock provided it is included in the above two hundred twenty-five (225) square feet of the “head” or one hundred sixty (160) square feet of the floating dock and provided it does not exceed three (3) feet in height and does not exceed thirty-two (32) square feet in floor area;
(c) In addition to the permanent pier head of the dock there may be one boatlift, not to exceed four (4) vertical support pilings with a maximum lift capacity of thirteen thousand (13,000) pounds or one floating boat storage device with the capacity not exceeding that of the permitted boat lift. (4-18-06)
(d) The boat lift and primary access ramp or ladder to the floating dock shall only be accessed directly from the pier head; no additional walkways or catwalks shall be allowed to provide access to the boat lift or floating dock, nor shall access to these components be allowed from the walkway leading to the pier head.
(4) No docks or pier heads or other associated structures shall be permitted closer than ten (10) feet from Extended Lot Lines with the exception of common docks shared by two adjoining property owners.
(a) Exception. A dock shall be permitted to cross over Extended Lot Lines in areas where angled docks currently exist and where these docks cross over Extended Lot Lines, provided the angled placement would result in the dock being shorter than if built within the Extended Lot Line Setbacks and meets the criteria of Sec. 21-76 B(2) above.
(5) The maximum width of the walkway or pier between the highland and the pier head shall be four (4) feet. The walkway may have a railing but shall have no walls that impede the flow of air through the walkway. Only one walkway access to the pier head shall be allowed with no deviations or extensions providing access to other dock components.
(6) A single roof may be placed either over the dock or the boat lift and shall be limited to the area lying immediately above the pier head or the boat lift with no more than two (2) foot overhang over any portion of the pier head or boat lift. In no event shall the overall size of the roof exceed three hundred sixty-one (361) square feet. No roof shall extend above fifteen (15) feet of the mean high water mark and there shall be no rails or decks incorporated into the roofs and no ladders or other means of accessing the roof on a permanent basis shall be allowed;
(7) Electrical lighting shall be allowed only at the head of the dock and not along the walkway provided said lighting is shielded to direct the light down onto the dock and away from any adjoining residences and further provided the electrical power is constructed and attached in conformance with applicable electrical safety codes as promulgated by the building regulations for the Town of Sullivan’s Island;
(8) No plumbing shall be allowed except water sinks and faucets; all toilets, portable toilets or any other means of sewage collection or disposal are strictly prohibited;
(9) The walkway, pier head and floating dock shall not be enclosed nor shall there be any walls of any kind on any side of the same. However, safety rails with slats at least two (2) inches apart shall be allowed provided that they do not exceed three (3) feet in height;
(10) No watercraft or other device may be situated upon a boatlift as provided herein, in such a fashion whereby any portion of the watercraft or other device, except masts, antennas and outriggers extends higher than the fifteen feet (15) above the high water mark; (08-15-06)
(11) Boats moored at docks cannot block or unduly impede navigation;
(12) The use of the docks shall be limited to private purposes;
(13) Living aboard a boat moored at a dock is strictly prohibited;
(14) All commercial activities are prohibited; and,
(15) All docks and boats moored at a permitted dock shall be maintained to insure safe usage and not be a potential hazard to navigation.
(16) Only such dock components specifically enumerated above shall be allowed. (4-18-06)
C. The following dock components are permitted. (4-18-06)
1. Pier Head
2. Floating dock
3. Boat lift