Walhalla City Zoning Code
ARTICLE III
Establishment of Zoning Districts; Rules for Interpretation of Boundaries; Application of District Regulations
§ 330-1.8 Establishment of districts.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
For the purpose of this Part 1, the City of Walhalla is hereby divided into the following zoning districts:
R-25 | Single-Family Residential District |
R-15 | Single-Family Residential District |
R-10 | Single-Family Residential District |
GR | General Residential District |
MFR | Multifamily Residential District |
OC | Office Commercial District |
HC | Highway Commercial District |
CC | Core Commercial District |
LI | Light Industrial District |
PUD | Planned Unit Development |
§ 330-1.9 Official Zoning Map and district boundaries.
A.
The boundaries of the above zoning districts are hereby established as shown on the Official Zoning Map of the City of Walhalla, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Part 1. The Official Zoning Map shall include by reference the FIA Flood Hazard Boundary Maps designating flood hazard areas within the City of Walhalla having an effective date as prepared by the Department of Housing and Urban Development and the Federal Insurance Administration, copies of which are on file in the office of the Zoning Administrator in Walhalla City Hall.
B.
If, in accordance with the provisions of this Part 1 and the S.C. Code Ann., Title 6, Chapter 29, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the City Council. No amendment to this Part 1 which involves matter portrayed on the Official Zoning Map shall become effective until after such change has been made on said map.
C.
No change of any nature shall be made on the Official Zoning Map, except in conformity with the procedures set forth by this Part 1. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Part 1 and punishable as provided by law. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Administrator, and bearing the Seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in Article III of the Zoning Ordinance."
D.
Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be located in the office of the Zoning Administrator shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the City.
§ 330-1.10 Downtown Development Overlay District.
The Downtown Development Overlay District is defined by the map contained within the Downtown Walhalla Design Guidelines and the City of Walhalla Zoning Ordinance. The overlay does not constitute a separate zoning district. The underlying zoning districts determine permitted uses. The Downtown Walhalla Design Guidelines are adopted as an element of the City of Walhalla Zoning Ordinance. The Design Guidelines are enforced under Article VIII of the Zoning Ordinance, which also includes the means of appeal by an applicant. Article X, Legal Status Provisions; Penalties, of the Zoning Ordinance also applies with respect to the Downtown Walhalla Design Guidelines.
A.
Requirements specific to the Downtown Development Overlay District.
(1)
No building in the Downtown Development Overlay District shall be used primarily for storage of equipment or materials. Any vacant commercial or office building in the Downtown Development Overlay District being used primarily for storage shall have 120 days following adoption of this Zoning Ordinance to come into compliance with the aforementioned standard by removing all stored materials and equipment. A property owner or authorized representative who closes an established business on a temporary basis due to family illness, financial hardship or other reasonable cause may petition City Council for a 120-day extension of the initial deadline by filing a formal request with the Zoning Administrator. The applicant must provide sufficient documentation to demonstrate that the aforementioned criteria have been met. The same process shall be followed for any subsequent extension requests.
(2)
Dumpsters or similar trash containers in the Downtown Development Overlay District must be located in the rear of commercial or office buildings when possible and must be fully screened from public rights-of-way. Screening must be accomplished with an opaque structure or landscaping. A wall, fence or similar enclosure may be composed of treated wood, vinyl or related material. Chain-link fencing is permitted as a screening structure only when lined with an opaque material approved by the Zoning Administrator.
(3)
Business vehicles and equipment stored or maintained in the rear of a commercial or office building in the Downtown Development Overlay District which are visible from a main traveled way must be blocked from public view. Screening may be achieved by enclosing the storage area with a continuous visual screen provided and maintained by the owner or tenant of such property. The required screen may be composed of a wall, fence and/or landscaping which achieves a height of at least six feet above grade. Nonseasonal coniferous trees or shrubs may also be planted and maintained, if at maturity the materials will form a barrier which would be defined as static. Chain-link fencing can be used to enclose storage areas, provided that such installations in existence at the time of passage of the Zoning Ordinance must be lined within 120 days following adoption of the Zoning Ordinance with an appropriate material to serve as a continuous visual screen.
(4)
Murals.
[Amended 3-19-2024 by Ord. No. 2024-04]
(a)
Goal. The City of Walhalla would like to promote its history and culture through the display of public art, including murals.
(b) MURAL MURAL SIGN
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
An image, such as a painting or enlarged photograph, applied directly to a wall or external ceiling.
A large picture/image (including but not limited to painted art) which is painted, constructed or affixed directly onto a vertical building wall, which may or may not contain text, logos and/or symbols.
(c)
Regulations.
[1]
Murals are allowed with a mural permit in the Downtown Development Overlay District.
[2]
Murals are purely artistic forms of expression. While basic content is free from evaluation, obscenity and other language deemed questionable may require approval.
[3]
Depending on content, murals will be evaluated for signage calculation and the remaining area can be deemed a mural. If the following content is incorporated within a mural, those items shall be classified as signage and comply with the standards for attached wall signs:
[a]
Advertising message for contemporary establishments and/or contemporary merchandise/services;
[b]
Advertisement for products, services or businesses;
[c]
Commercial text;
[d]
Logos;
[e]
Registered trademarks; and
[f]
Containing graphics (other than logos or registered trademarks) related to goods and services provided on-site.
[4]
Murals are highly visible in the public realm and may express City history and community character. In the absence of a recognized group tasked to review and consider these qualities, and the artistic intent of the design, evaluation will be regulated on a content-neutral basis.
[5]
No person shall paint a wall mural on the exterior of any structure or change any existing mural on the exterior of any structure prior to the issuance of a mural permit. The following design criteria shall apply to any mural artwork commissioned:
[a]
The proposed wall mural shall be well-integrated with the building and neighboring structures and harmonious with the surrounding environment. The proposed wall mural, by its design, scale, construction and location, shall not have a substantial adverse effect on abutting property or the permitted use, and will contribute to Walhalla's character and quality of life.
[b]
The proposed wall mural shall exhibit exceptional design quality that enhances the overall development and appearance of Walhalla. The paint and/or materials to be used and applied on the structure shall be appropriate for use in an outdoor locale for an artistic rendition and shall be of a permanent or long-lasting variety.
[6]
Maintenance of the wall mural is the responsibility of the property owner. It shall be the property owner's responsibility to remove the wall mural if it is not maintained as required. While natural aging is acceptable, murals that are not maintained sufficiently may be considered a public nuisance.
[7]
A mural permit application shall be completed by the building owner or their applicants' agent and submitted to the Zoning Administrator. The application shall include at a minimum the intended location of the mural, size, subject matter, medium and a summary of the general color palette to be used. A visual representation shall also be included in the application. The Zoning Administrator shall prepare a staff recommendation and present to Planning Commission. The Planning Commission shall review and act to approve, deny or require revisions in all submittals.
[8]
Decisions made by the Planning Commission regarding murals may be appealed to the City Council. Appeals shall be filed within 30 days.
(5)
Street-level windows in nonresidential and mixed-use structures in the Downtown Development Overlay District may employ tinted glass with a minimum visual transmittance factor of 35. Mirrored or reflective glass is not permitted in the Overlay District. Tinting of windows in buildings outside the Downtown Development Overlay District is not regulated by this section.
§ 330-1.11 Determining 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 center lines of streets, highways or alleys shall be construed to follow such center lines.
B.
Boundaries indicated as approximately parallel but not contiguous to street right-of-way lines shall be construed to follow a line equivalent to one lot in depth from the right-of-way line or 300 feet in depth from the right-of-way line, whichever is the least. Boundaries exempted from the provision are designated on the Official Zoning Map of Walhalla.
C.
Boundaries indicated as approximately following City limits shall be construed as the following such City limits.
D.
Boundaries indicated as following railroad lines shall be construed to be the center line of the main track.
E.
Boundaries indicated as approximately following the center lines of streams, lakes or bodies of water shall be construed to follow such center lines.
G.
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsections A through F above, the Walhalla Planning Commission shall interpret the district boundaries upon approval of Walhalla City Council.
§ 330-1.12 Minimum regulations.
The regulations set by this Part 1 within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or use of land, and particularly, except as hereinafter provided.
A.
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, set up, installed or structurally altered, except grandfathered, except in conformity with all of the regulations herein specified for the district in which it is located.
B.
No building or other structure shall hereafter be erected, constructed, altered, set up or installed:
C.
No part of a yard, or other open space or off-street parking or loading space required about, or in connection with, any building for the purpose of complying with this Part 1 shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
D.
Fences, walls and hedges or other vegetation, used as borders on front, rear and side lot lines, shall be constructed, planted and maintained so they will not obstruct vehicles on streets, and will not obstruct the view of drivers at intersections.
F.
Right-of-way easements for streets and roads shall not be considered part of a lot or open space or front, rear or side yard for the purpose of meeting yard requirements.
§ 330-1.13 Annexation.
On property to be annexed into the corporate limits by petition, as prescribed in the South Carolina Code of Laws, the zoning may be determined at the time of annexation, subject to the following procedures:
A.
A petition for zoning may be submitted at the same time the petition for annexation is filed with the City.
B.
The Planning Commission and the City Council shall hold a joint public hearing on the proposed zoning classification of the property to be annexed, and the Planning Commission shall forward to the City Council a recommendation.
C.
The City Council shall, by ordinance, act upon the annexation petition and zoning petition concurrently. Council may act to:
(1)
Approve annexation and zoning as requested by the petitioner(s) and recommended by the Planning Commission; or
(2)
Approve annexation and zoning as requested by the petitioner(s). If the Planning Commission recommends denial of the petitioner's request, a majority vote of all of the Council members shall be required to override the Planning Commission's recommendation; or
(3)
Deny annexation.
D.
Unless a zoning classification is specifically requested by the petitioner(s), all territory which may hereafter be annexed to the City shall be considered to be in the R-25 Single-Family Residential District and will not require action by the Planning Commission at the time of the petition for annexation.