Walhalla City Zoning Code
ARTICLE IV
Requirements by District
§ 330-1.14 R-25 Single-Family Residential District.
A.
Intent of district. It is the intent of this section that the R-25 Zoning District be developed and reserved for low-density single-family residential purposes. No use or activity shall be permitted that would disturb or impair the natural character of the district. Areas impaired during construction shall be corrected, so as not to disturb the character of the district. The regulations which apply within this district are designed to encourage the formation and continuation of a stable, healthy environment with single-family dwelling units situated on lots of 25,000 square feet or more, and to discourage any encroachment by commercial, industrial or other use capable of adversely affecting the residential character of the district.
B.
Permitted uses. The following buildings and uses shall be permitted in any R-25 Zoning District:
[Amended 3-19-2024 by Ord. No. 2024-02]
(1)
Single-family dwellings, detached (other than mobile homes);
(2)
Cultivation of land general gardening, horticulture or growing agricultural crops, and plant nursery and sales;
(3)
Accessory building and structures in conjunction with permitted uses as prescribed in § 330-1.46.
(4)
An accessory dwelling unit subject to the following conditions:
(a)
Only one accessory dwelling unit is permitted per lot. The accessory dwelling unit must be site-built.
(b)
Separate detached garages and separate accessory dwelling units are not permitted on the same lot. Accessory dwelling units may be created as a second story within detached garages if the height of the accessory dwelling unit on top of the garage does not exceed 28 feet.
(c)
The gross floor area of an accessory dwelling unit must not exceed 50% of the principal building's floor area. The building footprint of the accessory dwelling unit shall not exceed 40% of the living area of the principal residence. The "building footprint" includes patios and porches.
(d)
One off-street parking space must be provided for each bedroom within an accessory dwelling unit.
(e)
The maximum permitted height for an accessory dwelling unit is one story, not withstanding garage apartments, as permitted in Subsection B(4)(b).
(f)
All required permits must be obtained prior to construction of the accessory dwelling unit. The accessory dwelling unit must comply with applicable requirements of the International Building Code and other applicable federal, state, or local codes.
(g)
The accessory dwelling unit must be completely detached from the principal structure.
(h)
The accessory dwelling unit must be placed on the rear of the property. It must be located at least 10 feet from the rear property line and at least 10 feet from side property line.
C.
Conditional uses. The following uses shall be permitted in any R-25 Zoning District, subject to the conditions of this Part 1:
(2)
Lots containing one acre or more which is suitable for agriculture purposes, and which are in the R-25 Zoning District, may have horses and cattle at one animal per acre of pasturage, unless the County Extension Services Officer certifies that the land uses will support additional animals, grandfathered for one year and ceases to exist. This subsection is not to exclude Subsection B(3) or uses therein.
(3)
A single parcel or lot which is two acres or greater may have one horse or head of cattle for each two acres unless the County Extension Service Officer certifies that the land uses will support additional animals. Such certificate shall be presented to the Zoning Administrator. Any such conditional use is subject to an annual review. This subsection is not to exclude Subsection B(3) or uses therein.
(5)
Bed-and-breakfast facilities shall be allowed but must meet the following requirements:
(a)
The building shall be occupied by an owner or tenant at any time that a room is leased.
(b)
One sign shall be allowed on the property, no larger than six feet tall and eight feet long.
(c)
A maximum of six bedrooms shall be allowed, with no more than two adults in each room.
(d)
All occupants shall sleep in bedrooms only.
(f)
Rooms shall be rented to tenants for a maximum of 14 consecutive days.
(g)
Cooking shall be allowed in the kitchen area only, with the exception of outdoor grills.
D.
Special exception uses. Certain uses within an R-25 Zoning District are to be special exception uses pursuant to the requirements and procedures of § 330-1.47 and all subsections and all conditions stipulated herein:
(1)
Antennas, towers, masts and similar structures measuring over 17 feet above the top of the highest peak of the roofline.
E.
Other requirements. Uses permitted or conditionally permitted in R-25 Zoning Districts shall be required to conform to the specific dimensional requirements unless otherwise specified. All other relevant portions of this Part 1 shall apply.
(1)
Minimum lot requirements: 25,000 square feet.
(2)
Minimum width in feet: 100 feet measured at the front setback line; but in no case is the lot to be less than 25 feet at the right-of-way line.
(4)
Maximum height of building: 2.5 stories or 35 feet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(5)
Maximum structure surface coverage of lot: 35%.
§ 330-1.15 R-15 Single-Family Residential District.
A.
Intent of district. It is the intent of this section that the R-15 Zoning District be developed and reserved for medium-density single-family residential purposes. The regulations which apply within this district are designed to encourage the formation and continuation of a stable, healthy environment with single-family dwelling units situated on lots of 15,000 square feet or more; and to discourage any encroachment by commercial, industrial or other use capable of adversely affecting the residential character of the district.
C.
Conditional uses. The following uses shall be permitted in any R-15 Zoning District on a conditional basis:
(1)
All conditional uses permitted in the R-25 Single-Family Residential District.
D.
Special exception uses. Certain uses within any R-15 Zoning District are to be special exception uses pursuant to the requirements and procedures of § 330-1.47 and all subsections and all conditions stipulated herein:
(1)
Antennas, towers, masts and similar structures measuring over 17 feet above the top of the highest peak of the roofline.
E.
Other requirements. Uses permitted or conditioned in R-15 Zoning Districts shall be required to conform to the specific dimensional requirements unless otherwise specified. All other relevant portions of this Part 1 shall apply.
(1)
Minimum lot requirements: 15,000 square feet.
(2)
Minimum width in feet: 70 feet measured to the front setback line; but in no case is the lot to be less than 25 feet at the right-of-way line.
(4)
Maximum height of building: 2.5 stories or 35 feet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(5)
Maximum structure surface coverage of lot: 50%.
§ 330-1.16 R-10 Single-Family Residential District.
A.
Intent of district. It is the intent of this section that the R-10 Zoning District be developed and reserved for medium-density single-family residential purposes. The regulations which apply within this district are designed to encourage the formation and continuation of a stable, healthy environment with single-family dwelling units situated on lots of 10,000 square feet or more; and to discourage any encroachment by commercial, industrial or other use capable of adversely affecting the residential character of the district.
C.
Conditional uses. The following uses shall be permitted in any R-10 Zoning District on a conditional basis:
(1)
All conditional uses permitted in the R-25 Single-Family Residential District.
D.
Special exception uses. Certain uses within any R-10 Zoning District are to be special exception uses pursuant to the requirements and procedures of § 330-1.47 and all subsections and all conditions stipulated herein:
(1)
Antennas, towers, masts and similar structures measuring over 17 feet above the top of the highest peak of the roofline.
E.
Other requirements. Uses permitted or conditioned in R-10 Zoning Districts shall be required to conform to the specific dimensional requirements unless otherwise specified. All other relevant portions of this Part 1 shall apply.
(1)
Minimum lot requirements: 10,000 square feet.
(2)
Minimum width in feet: 70 feet measured to the front setback line; but in no case is the lot to be less than 25 feet at the right-of-way line.
(4)
Maximum height of building: 2.5 stories or 35 feet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(5)
Maximum structure surface coverage of lot: 50%.
§ 330-1.17 GR General Residential District.
A.
Intent of district. It is the intent of this section that the GR Zoning District be developed and reserved for medium-density residential purposes on lots not less than 5,000 square feet in size. The regulations which apply within this district are designed to discourage any land use which would generate nonresidential traffic on local or collector streets, to encourage the formation and continuation of a stable, healthy residential environment and to discourage unwarranted encroachment of commercial, industrial or other uses capable of adversely affecting the residential character of the district.
C.
Conditional uses. The following uses shall be permitted on a conditional basis in any GR Zoning District:
(2)
Public or private care homes, provided such uses meet the following requirements:
(a)
Minimum lot area: one acre.
(b)
Minimum lot width: 100 feet, measured at the front setback line.
(c)
Minimum front yard setback: 35 feet.
(d)
Minimum side yard setback: 15 feet.
(e)
Minimum rear yard setback: 20 feet.
(f)
Maximum building height: 2.5 stories or 35 feet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3)
Vegetative screening. The owner of any public or private care home in this district which adjoins a lot restricted to residential use shall provide and maintain a suitable vegetative screen at least six feet in height above finished grade between it and any lot restricted to residential use.
(4)
Additional requirements. Any public or private care home in this district shall meet all standards set forth in county, state, federal and local law.
D.
Special exception uses.
(1)
Certain uses within any GR Zoning District are to be special exception uses pursuant to the requirements and procedures of § 330-1.47 and all subsections and all conditions stipulated herein:
(a)
Antennas, towers, masts and similar structures measuring over 17 feet above the top of the highest peak of the roofline.
(2)
Mobile home parks.
(a)
Each mobile home park shall be no less than one acre in size and be located on a well-drained site properly graded to ensure rapid drainage and freedom from stagnant pools of water.
(b)
Each mobile home park shall not contain more than eight mobile home units per gross acre.
(c)
Mobile home spaces shall be provided consisting of an average of not less than 5,000 square feet in area, each space to be at least 40 feet wide and 100 feet in depth.
(d)
All mobile home spaces shall abut upon an all-weather surface driveway not less than 20 feet in width, which shall have unobstructed access to a street. The driveway surface may be of concrete, brick, asphalt, gravel or similar material, but not grass or dirt.
(e)
Each mobile home park must be serviced by an approved community or public water and sewer system, and safe and adequate provisions for the centralized collection of waste and garbage must be provided by the owner or operator of the mobile home park, all of which shall comply fully with all laws, ordinances or regulations prescribed by the County Board of Health and the South Carolina Department of Health and Environmental Control (SCDHEC).
(f)
Mobile home parks shall have a minimum of 25% common open space for active or passive recreation, which shall be easily accessible from all mobile home lots or spaces.
E.
Manufactured home standards.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
Manufactured homes are permitted by special exception in the GR General Residential District and must comply with the requirements of Chapter 199, Manufactured Homes, of the City Code.
(2)
Abandoned mobile homes.
(a)
Any mobile home which has been abandoned and is declared to be a nuisance under the terms of this Part 1 or Chapter 199 shall be removed by the owner of the land within 90 days of notification. A mobile home shall be considered abandoned if any one of the following applies:
[1]
If it has been unoccupied with utilities disconnected for a period of one year or greater; or
[2]
If it has been deemed unsafe, unfit or condemned by the Building Inspector, code official or a Health Authority and no attempt has been made to remedy or repair to current code requirements within 60 days of being declared unhabitable; or
[3]
If the needed repairs exceed 75% of its replacement value.
(b)
The City may recover from the owner of the land upon which such abandoned mobile home is located the expense of removal and disposal of the mobile home and any administrative fees.
(3)
Enforcement. It shall be unlawful for any person to place or park any mobile home or manufactured home upon any premises within the corporate limits, except as provided by this Part 1, Chapter 199 and any amendments thereto; and in the event of any violation of these provisions, such shall be sufficient grounds for the City of Walhalla to discontinue all municipal services to such mobile home.
F.
Other requirements. Uses permitted or conditional uses in GR Zoning Districts shall be required to conform to the specific dimensional requirements unless otherwise specified. All other relevant portions of this Part 1 shall apply.
(1)
Minimum lot requirements: 5,000 square feet.
(2)
Minimum width in feet: 60 feet measured at the front setback line, but in no case is the lot to be less than 25 feet at the right-of-way line.
(4)
Maximum height of building: 2.5 stories or 35 feet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(5)
Maximum structure surface coverage of lot: 60%.
§ 330-1.18 MFR Multifamily Residential District.
A.
Intent of district.
(1)
It is the intent of this section that the MFR Zoning District be developed and reserved for medium- and high-density residential purposes on lots or parcels not less than 15,000 square feet. The regulations which apply within this district are designed to encourage the formation and continuation of a stable, healthy environment and to discourage unwarranted uses capable of adversely affecting the residential character of the district.
C.
Conditional uses. The following uses shall be permitted in any MFR Zoning District on a conditional basis:
(1)
All conditional uses permitted in the R-15 Zoning District.
D.
Special exception uses. Certain uses within any MFR Zoning District are to be special exception uses pursuant to the requirements and procedures of § 330-1.47 and all subsections and all conditions stipulated herein:
(1)
Antennas, towers, masts and similar structures measuring over 17 feet above the top of the highest peak of the roofline.
E.
Other requirements. Uses permitted or conditioned in MFR Zoning District shall be required to conform to the specific dimension requirements unless otherwise specified. All other relevant portions of this Part 1 shall apply.
(1)
Minimum lot requirements: 15,000 square feet, except that the minimum area per dwelling unit on a lot for multifamily dwellings shall not be less than indicated by dwelling unit type in the following table:
Table 1 | ||||
|---|---|---|---|---|
Lot Area Square Footage Required for Multifamily Dwellings | ||||
Stories | ||||
Unit Type | 1 | 2 | 3 | 4 |
Efficiency | 2,000 | 1,435 | 1,410 | 1,240 |
1-bedroom | 2,000 | 1,775 | 1,625 | 1,438 |
2-bedroom | 2,650 | 2,475 | 2,125 | 1,825 |
3-bedroom | 3,525 | 3,175 | 2,653 | 2,200 |
4 or more bedrooms | 4,373 | 3,975 | 3,492 | 2,725 |
(2)
Maximum dwelling units per acre. The maximum dwelling units per acre shall not exceed the number indicated by dwelling unit type in Table 2. In instances where the permitted figure is determined to include a fraction, the less round number shall apply.
Table 2 | ||||
|---|---|---|---|---|
Permitted Multiple Dwelling Units Per Acre by Unit Type | ||||
Stories | ||||
Unit Type | 1 | 2 | 3 | 4 |
Efficiency | 21 | 30 | 30 | 35 |
1-bedroom | 21 | 24 | 26 | 30 |
2-bedroom | 16 | 17 | 20 | 23 |
3-bedroom | 12 | 13 | 16 | 19 |
4 or more bedrooms | 9 | 10 | 12 | 15 |
(3)
Minimum width in feet: 75 feet measured at the front setback line; but in no case is the lot to be less than 25 feet at the right-of-way line.
(6)
Maximum impervious surface coverage of lot: 60%.
(7)
Open space requirement: not less than 30% of lot.
§ 330-1.19 OC Office Commercial District.
A.
Purposes.
(1)
It is the intent of this section that the OC Zoning District be developed and reserved for local or neighborhood-oriented business and compatible residential use purposes. The regulations which apply within this district are designed to encourage the formation and continuation of a stable, healthy and compatible environment for uses that are located so as to provide nearby residential areas with convenient shopping and service facilities; reduce traffic and parking congestion; avoid the development of "strip" business districts; promote residential uses compatible with commercial activities; and discourage industrial and other encroachment capable of adversely affecting the localized commercial character of the district.
B.
Permitted uses. The following uses shall be permitted in the OC Zoning District:
(1)
Retail business involving the sale or rental of merchandise on the premises, specifically including, but not limited to:
(2)
Business involving the rendering of a personal service or the servicing of small equipment, specifically including, but not limited to:
(a)
Bank, savings and loan association, personal loan agency.
(b)
Barbershop, beauty shop, or combination thereof.
(c)
Self-service dry cleaning or laundromat.
(d)
Medical, dental or chiropractic office.
(e)
Real estate agency.
(f)
School offering instruction in art, music, dancing, drama or similar cultural activities.
(g)
Shoe repair shop.
(h)
Club, lodge, union hall or social center.
(i)
Legal office.
(j)
Insurance sales office.
(k)
Custom embroidery production and sales.
(4)
All residential activities as described in the MFR Zoning District.
C.
Conditional uses. The following uses shall be permitted on a conditional basis in any OC Zoning District:
(1)
Auto accessory store, provided there is no storage of wrecked automobiles or scrapped or salvage auto parts on the premises.
(2)
Automobile service station (not gasoline stations), provided operations involving major repairs, body and fender work, painting or the sale or rental of new or used cars or trucks, trailers of any type or boats is not conducted on the premises. No junk or salvage vehicles shall be stored on site.
(3)
Bakery, provided that goods baked on the premises are sold only at retail on the premises.
(4)
Delicatessen, restaurant, soda fountain or other eating and drinking establishments (other than drive-in establishments), provided no outside loudspeaker systems are utilized, and provided all lights or lighting arrangements used for purposes of advertising or night operations are directed away from adjoining or nearby residential properties.
(5)
Dry cleaning or laundry pickup agency, provided that any laundering, cleaning or pressing done on the premises involves only articles delivered to the premises by individual customers.
(7)
Funeral homes, provided that the minimum lot size is one acre.
(8)
Single-family and multifamily residential uses as set forth in the MFR District.
(9)
Any commercial establishment selling or serving alcoholic beverages, whether consumed on the premises or not.
(11)
Major retailers, provided they adhere to the following conditions: They must comply with the Downtown Design Guidelines.
[Added 9-21-2021 by Ord. No. 2021-17]
D.
Special exception uses. Certain uses within any OC Zoning District are to be special exception uses pursuant to the requirements and procedures of § 330-1.47 and all subsections and all conditions stipulated herein:
(1)
Gasoline filling stations. In addition to all conditions of the special exception use permit, at a minimum all pumps must be set back at least 25 feet from the right-of-way line of all abutting streets. No junk or salvage vehicles shall be stored on site.
(2)
Antennas, towers, masts and similar structures measuring over 17 feet above the top of the highest peak of the roofline.
(3)
Communication towers.
E.
Other requirements. Uses in Office Commercial Zoning Districts shall be required to conform to the standards set forth below. All other relevant portions of this Part 1 shall apply.
(1)
Minimum lot requirements: 8,000 square feet.
(2)
Minimum width in feet: 60 feet measured at the front setback line.
(4)
Maximum height of building: four stories or 56 feet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(5)
Maximum structure surface coverage of lot: 60%.
(6)
There shall be no more than two access points on an arterial street for every one lot of record; provided, however:
(a)
If a primary access to a lot of record is available on an intersecting street, then access on the arterial street shall be limited to one access per lot of record.
(b)
Such access on an arterial street is granted only provided that there is a minimum of 80 feet from such access to the right-of-way of an intersecting street.
(c)
There shall be no more than one access point granted within a given 50 feet of frontage.
(7)
No drive-throughs of any kind are permitted.
[Added 9-21-2021 by Ord. No. 2021-17]
§ 330-1.20 HC Highway Commercial District.
A.
Purpose.
(1)
It is the intent of this section that the HC Zoning District be developed and reserved for general business purposes and compatible residential activities, with particular consideration for the automobile-oriented commercial development existing or proposed along arterial streets. The regulations which apply within this district are designed to encourage the formation and continuation of compatible and economic uses which benefit from being located in close proximity to each other; and to discourage any encroachment by industrial or other uses considered capable of adversely affecting the basic mixed-use character of the district.
B.
Permitted uses. The following uses shall be permitted in any HC Zoning District:
(1)
Any retail or wholesale business involving the sale or rental of merchandise on the premises, as set forth for the OC Zoning District, § 330-1.19B(1).
(2)
Business involving the rendering of personal service as set forth for the OC Zoning District, § 330-1.19B(2).
(3)
Residential activities as described in the MFR Zoning District.
(4)
Off-street commercial parking lot or public garage.
(5)
Hotel, tourist home, boardinghouse, rooming house, bed-and-breakfast or motel.
(6)
Commercial recreation facility, specifically including, but not limited to:
(7)
Eating or drinking establishment including drive-in or curb service.
(8)
Horticultural activities, or plant nursery and sales.
(9)
Automobile sales, new or used, as provided by one of the following:
(a)
Parking and service areas are separated from adjoining residential properties by a suitable screen, fence with no more than 20% voids or wall at least six feet in height above finished grade.
(10)
Any commercial establishment selling or serving alcoholic beverages, whether consumed on the premises or not.
C.
Conditional uses. The following uses are set forth for the HC Zoning Districts and subject to the conditions:
(1)
Automobile laundry or car wash, provided an off-street paved parking area is provided and no standing water, safety hazard or impediment to traffic movement is created by the operation of such an establishment, and provided there is no open storage of wrecked vehicles, dismantled parts or parts visible beyond the premises.
(2)
Animal hospital or boarding facility, provided all boarding arrangements are maintained within a building, except for exercise facilities.
(3)
Meat, fish or poultry shop, provided that no slaughtering is permitted. Any cleaning of fish or poultry necessary for such use may be permitted, provided that cleaning activities are within the main building on the premises, and waste is removed daily.
(4)
Open yard uses for the sale, rental or storage of materials or equipment, excluding junk or other salvage, provided that such uses are separated from adjoining residential properties by a suitable planted screen, and fence or wall at least six feet in height above finished grade.
(5)
All conditional uses set forth in the OC Zoning District.
(6)
Major retailers, provided they adhere to the following conditions: They must comply with the Downtown Design Guidelines.
[Added 9-21-2021 by Ord. No. 2021-17]
D.
Special exception uses. Certain uses within any HC Zoning District are to be special exception uses pursuant to the requirements and procedures of § 330-1.47 and all subsections and all conditions stipulated herein:
(1)
Gasoline filling stations. In addition to all conditions of the special exception use permit, at a minimum all pumps must be set back at least 25 feet from the right-of-way line of all abutting streets. No junk or salvage vehicles shall be stored on site.
(2)
Automobile service station (not gasoline stations) involving major repairs, body and fender work, painting or the sale or rental of new or used cars, trucks, trailers of any type or boats. No junk or salvage vehicles shall be stored on site. All provisions of § 330-1.49, Performance standards, must be met.
(3)
Communication towers.
E.
Other requirements. Unless otherwise specified elsewhere in this Part 1, uses permitted in HC Zoning Districts shall be required to conform to the standards set forth in all other relevant portions of this Part 1.
(1)
In addition, to minimize congestion at business access points, the following limitation shall apply to all arterial streets in the HC Zoning District. There shall be no more than two access points on an arterial street for every one lot of record; provided, however, that:
(a)
If a primary access to a lot of record is available on an intersecting street, then access on the arterial street shall be limited to one access per lot of record; and
(b)
Such access on an arterial street is granted only provided that there is a minimum of 80 feet from such access to the right-of-way of any intersecting street. This shall be limited to one access per lot of record; and
(c)
There shall be no more than one access point granted within a given 50 feet of frontage.
(2)
Minimum lot size: 20,000 square feet.
(4)
Maximum height of building: four stories or 56 feet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(5)
Maximum structure surface coverage of lot: 60%.
(6)
Rear yard setback areas may be used for parking.
(7)
Parking shall be located in the rear or side yard of the use. Parking areas existing when this ordinance provision became effective may be used to meet parking needs for reuse of existing buildings in the HC District.
§ 330-1.21 CC Core Commercial District.
A.
Purpose. The intent of the CC Zoning District is to encourage the maintenance or enhancement of a centrally located trade, commercial, residential activities, and community service area, and to provide for the orderly expansion of such uses. All property contained within the CC District is also included in the Downtown Development Overlay District. Therefore, the requirements contained in § 330-1.10A of this Part 1 will apply to said property, in addition to all other requirements contained in this § 330-1.21. The sign requirements of § 330-1.25 pertaining to properties within the Downtown Overlay District also apply to all parcels within the CC District.
B.
Permitted uses. The following uses shall be permitted in any CC Zoning District:
(1)
Any use permitted in any OC Zoning District.
C.
Conditional uses. The following uses shall be permitted on a conditional basic in any CC Zoning District:
(1)
Any use permitted on a conditional basis in any OC Zoning District subject to the conditions of § 330-1.19C, including major retailers, provided they establish themselves in a structure that was constructed before Ord. No. 1994-8 and have over 15,000 square feet.
[Amended 9-21-2021 by Ord. No. 2021-17]
(2)
Single-family and multifamily residential uses as set forth in the MFR Zoning District, provided such use is not on the ground floor of the building.
(3)
Hotel use as set forth in the HC Zoning District, provided no rooming units are on the ground floor of the building.
D.
Special exception uses. Certain uses within any Core Commercial District are to be special exception uses pursuant to the requirements and procedures of § 330-1.47 and all subsections and all conditions stipulated herein:
(1)
Gasoline filling stations. In addition to all conditions of the special exception use permit, at a minimum all pumps must be set back at least 25 feet from the right-of-way line of all abutting streets. No junk or salvage vehicles shall be stored on site.
(2)
Antennas, towers, masts and similar structures measuring over 17 feet above the top of the highest peak of the roofline.
E.
Other requirements. Uses permitted in CC Zoning Districts shall be required to conform to the standards set forth below. All other relevant portions of this Part 1 shall apply.
(1)
Maximum height of building: 5.5 stories or 77 feet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
Setbacks from sidewalk shall not be required.
(3)
No vacant building in the CC District shall be used for storage of equipment or materials. Any vacant commercial or office building in the CC District 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4)
Where provided, off-street parking for nonresidential uses shall be located in the rear or side yard of the use. Parking areas existing when this ordinance provision became effective may be used to meet parking needs for reuse of existing buildings in the CC District.
(5)
No drive-throughs of any kind are permitted.
[Added 9-21-2021 by Ord. No. 2021-17]
§ 330-1.22 LI Light Industrial District.
A.
Purpose. The intent of the LI Zoning District is to provide areas on lots or parcels not less than 40,000 square feet in area for light industrial purposes which are not significantly objectionable to surrounding properties in terms of noise, odor, fumes, etc. The regulations which apply within this district are designed to encourage the formation and continuation of a compatible environment for uses generally classified to be limited in nature; to reserve undeveloped areas in the City of Walhalla which are suitable for such industries; and to discourage encroachment by those residential, commercial or other uses capable of adversely affecting the basic industrial character of the district.
C.
Conditional uses. The following uses shall be permitted on a conditional basis in any LI Zoning District, subject to the conditions:
(1)
Any industrial use which involves manufacturing, processing, assembly, storage operations, provided said manufacturing, processing, assembly or storage in no way involves any junk or salvage operations; provided that any noise, vibration, smoke, gas, fumes, odor, dust, fire hazard, dangerous radiation or other injurious or obnoxious conditions related to the operation are not sufficient to create a nuisance beyond the premises.
(2)
Warehouse or other storage facility, provided that there is no open storage of junk or salvage material of any type in conjunction with the operation.
(3)
Wholesale business outlet, provided that there is no open storage of junk or salvage materials of any type in conjunction with the operation.
(4)
Any industrial use which may produce injurious or obnoxious noise, vibration, smoke, gas, fumes, odor, dust, fire hazard, dangerous radiation or other objectionable conditions, provided:
(5)
Open yard use for the sale, rental or storage of new, used or salvaged materials or equipment, provided:
(a)
Such use is conducted in such a manner that it will be located on a site no less than one acre in size; and
(b)
No burning of materials or products is conducted on the premises; and
(c)
In the case of open storage of used or salvaged materials or equipment, a suitable screen of at least six feet in height above finished grade will be required along all property lines. Screening can include one or more of the following elements:
(6)
Bulk storage of petroleum products.
(7)
Garage or shop for the repair and servicing of motor vehicles, equipment or machine parts, provided any open yard storage incidental to such an operation conforms to the provisions of § 330-1.49; and provided no sound, vibration, heat, glare or electrical disturbance is created which creates a nuisance beyond the premises.
(9)
Land grading, contractor, construction. In the case of open storage of used or salvage materials or equipment, a suitable screen of at least six feet in height above finished grade will be required along all property lines.
(11)
Gasoline filling stations. At a minimum, all pumps shall be set back at least 25 feet from the right-of-way line of all abutting streets. No junk or salvage vehicles shall be stored on site.
(12)
Major retailers, provided they adhere to the following conditions: They must comply with the Downtown Design Guidelines.
[Added 9-21-2021 by Ord. No. 2021-17]
E.
Other requirements. Unless otherwise specified elsewhere in this Part 1, uses permitted in LI Zoning Districts shall be required to conform to the following standards:
(1)
To minimize congestion at access points, the following limitations shall apply to all arterial streets. There shall be no more than two access points on an arterial street for every one lot of record; provided, however, that:
(a)
If a primary access to a lot of record is available on an intersecting street, then access on the arterial street shall be limited to one access per lot of record; and
(b)
Such access on an arterial street is granted only provided that there is a minimum of 80 feet from such access to the right-of-way of an intersecting street. This shall be limited to one access per lot of record; and
(c)
There shall be no more than one access point granted within a given 50 feet of frontage.
(2)
Minimum lot size: 40,000 square feet.
(4)
Maximum height of building: 5.5 stories or 77 feet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(5)
Maximum structure surface coverage of lot: 60%.
(6)
Minimum width in feet: 100 feet.
§ 330-1.23 PUD planned unit development.
A.
Purpose of planned unit development.
(1)
The purpose of a planned unit development is the unified development of a large site. It combines the benefits of efficiency, economy and flexibility with the advantages of creative site design, improved appearance, compatibility of uses, optimum service by community facilities, increased open space amenities and better-functioning vehicular access and traffic circulation.
(2)
It is the intent of this section to allow development on large sites subject to specific regulations concerning uses, lot area, building coverage, building height and yard spaces, but only insofar as the Planning Commission and City Council shall deem appropriate to fulfill the intent of this section, upon presentation of certification from the owners, developers or other parties at interest in the development of such sites that they will adhere to development policies which will fulfill the intent of this section.
B.
Design provisions. It is the intent of this section that the public interest will be served, not only by consideration of those specific criteria set forth herein, but also by consideration of the total anticipated effect of the planned unit development upon the community at large. At a minimum, planned unit developments will be designed in accordance with the following provisions:
(1)
Permitted and conditional uses. All uses permitted or conditional in any zoning classification may be permitted in a PUD.
(2)
Permitted accessory uses and structures. Accessory uses and structures shall be permitted in a PUD.
(3)
Special exceptions. No special exception actions are required to establish any specific use.
(4)
Uses, buildings and structures within a PUD as permitted, conditional or special exception uses in any district are permitted outright; provided, however, that the Planning Commission and City Council shall ascertain that the effect and benefits usually derived from safeguards and conditions normally imposed upon conditional and special exception uses will substantially be met by the site plan and development controls of the proposed planned unit development.
(5)
Height and area regulations. Minimum setbacks, minimum lot widths, minimum yard sizes, maximum lot coverage and maximum height are not regulated within a PUD District; provided, however, that the Planning Commission and City Council shall ascertain that the characteristics of building settings as shown on the development plan shall be appropriate as related to buildings or structures within the planned unit development and otherwise fulfill the intent of this Part 1.
(6)
Off-street parking, loading and unloading. Off-street parking and loading and unloading requirements as set forth in Article VI shall be met for each use within the planned unit development.
(7)
Access. Any planned unit development district shall meet the following:
(a)
The planned unit development district shall have direct frontage on an arterial or a collector street; and
(b)
Any lots which are subdivided within a planned unit development shall abut a public street which meets the requirements of and is properly deeded to the City of Walhalla; and
(c)
All streets within the planned unit development shall be no less than 20 feet in width with extruded curbs and gutters and six inches of rock base with three inches of hot-laid asphaltic binder covered by 1 1/2 inches of hot-laid asphalt. A fifty-foot right-of-way shall be provided, and all City of Walhalla regulations shall be met for all streets conveyed to the City.
(8)
Open space. The common open space required in any planned unit development containing any residential component shall meet or exceed the following:
(a)
At least 5% of the area covered by a final development plan shall be usable, common open space owned and operated by the owner or developer, or dedicated to a homeowners' association or similar group; and
(b)
In establishing the residential density per gross acre, the City Council may increase the percentage of common open space. Multifamily portions of the planned unit development shall require 25% of the site area for beautification and open space use and buffers; and
(c)
At least 5% of the site area shall be devoted to active recreation facilities such as a swimming pool, playing fields, tennis courts, racquetball courts, etc., for the use of all occupants of the entire site area; provided, however, that, upon written request made at the time the zoning application is submitted, the City Council may waive or modify recreational requirements.
(9)
Density or intensity increases. The number of dwelling units approved and the types of nonresidential uses allowed in PUD Districts will be determined upon consideration of functional inter-relationships, buffer treatments separating uses with potentially incompatible characteristics of use, design of access pattern and relationships of uses within such planned developments with uses in adjacent districts.
(10)
Buffer area. A buffer strip of natural or landscaped vegetation, with a width of not less than 25 feet, shall be maintained along all external lot lines of any planned unit development district, with the exception that when any external lot line of a planned development abuts any residential zoning district, a buffer strip shall have a width of not less than 40 feet. No buildings or structure shall be allowed within this buffer strip. Passive recreation facilities such as walking trails, bicycle paths and picnic areas may be placed in the buffer strip.
(11)
Minimum lot size. The minimum lot size for any planned unit development shall be two acres, unless a site of less than two acres is endorsed by 2/3 of the total members of the Planning Commission.
C.
Administrative application and review procedures. The establishment of a PUD District shall be by amendment to the Zoning Map accompanied by a certification as required by Subsection A that the development will be in harmony with the intent of this Part 1 and that the public interest in adequate site design, access and community facilities and amenities will be protected.
(1)
Application for amendment. Application for amendment to establish a PUD District shall be subject to the provisions of Article IX, Amendments; and in addition, the procedures described below shall apply. It is the intent of this subsection that the public interest will be served not only by consideration of those specific criteria set forth herein, but also by consideration of the total anticipated effect of the planned unit development upon the community at large. Persons making application therefor shall agree to furnish information about the proposed development, and later to abide by any conditions and safeguards that may be imposed by the City Council in establishing such developments. To that end, the regulations set forth herein are minimum requirements, and it is the intent of this section that the City Council may impose conditions and safeguards in excess of or in addition to the specific requirements set forth herein, and that guarantee of meeting the minimum requirements set forth herein does not per se create an indication that an applicant should be entitled to such an amendment, and notice is hereby given to that effect.
(2)
Preapplication conference. Every applicant is encouraged to communicate the intention to establish a planned unit development, and the proposed characteristics thereof, to the Zoning Administrator prior to making an application for amendment in order to avoid undue delay in the review process, and in order to facilitate the review of materials which may be in preliminary form, and in order to avoid unnecessary expense in preparation of materials in final form.[1]
D.
Site development plans to be submitted to Planning Commission for review.
(1)
The applicant shall submit site development plans to the Planning Commission for review, which shall include:
(a)
Total number of acres in the development area;
(b)
Number of acres devoted to residential, and to commercial, industrial and other nonresidential uses;
(c)
Number of dwelling and commercial units of various types and overall density thereof;
(d)
Number of off-street parking spaces and loading/unloading spaces needed to satisfy the requirements of individual buildings required by Article VI;
(e)
A proposed traffic, parking and circulation plan;
(f)
Legal description of proposed development boundaries;
(g)
A proposed potable water and sanitary sewer plan;
(h)
A topographical survey;
(i)
Description of open spaces;
(j)
Existing buildings, if any, on the site;
(k)
Drawing approximately to scale;
(l)
Plan showing surface water management for the entire site; and
(m)
Other information as may be deemed reasonably appropriate for Planning Commission review.
(2)
Descriptive statement to be submitted to the Planning Commission for review. The applicant shall also submit a descriptive statement indicating the characteristics and standards to be followed in developing the proposed planned unit development. The descriptive statement shall generally include but not be limited to the following:
(a)
If commercial development is proposed, indication of economic feasibility and justification for sizes of facilities;
(b)
Description of open space uses and areas proposed, adequacy thereof to serve anticipated demand, and if dedication of open space is proposed, detail procedures and conditions thereof;
(c)
If a homeowners' association or other group maintenance or group ownership features are to be included, a detailed description of the proposed procedures and operation thereof;
(d)
An outline of development phasing indicating the timing of development of all proposed facilities, and justification of development phasing with respect to nonresidential facilities in relation to residential facilities;
(e)
Design standards, administrative procedures and other characteristics which will guarantee the development of the project as an integrated, functionally operable, well-planned whole;
(f)
Description of relationship of the proposed project to the goals, objectives, policies and the intent of the Comprehensive Plan of the City of Walhalla; and
(g)
Other such information or descriptions as may be deemed reasonably appropriate for Planning Commission review.
E.
City Council hearing. A public hearing shall be held in accordance with procedures set forth in Article IX, Amendments.
(1)
Planning Commission recommendation. The Planning Commission shall make a recommendation upon the proposal, which shall be advisory to the City Council. The requirements of Article IX, Amendments, are applicable if the Planning Commission should fail to report within the time limits established by Article IX. The Planning Commission may recommend to the City Council specific times for completion or stipulate recommendations, restrictions and other conditions in its report to the Council.
(2)
City Council approval. The City Council may, after fulfilling all applicable requirements of this section and all applicable requirements of Article IX, act either to approve or disapprove the application for amendment. In acting to approve the amendment, the City Council may impose certain conditions or limitations on the development plan in order to ensure compatibility with surrounding uses and protection of public welfare. At the same time, if the application for amendment is approved, the City Council shall approve the descriptive statement prescribed by Subsection D(2).
F.
Issuance of zoning permit.
(1)
The Zoning Administrator shall not issue any zoning permit for work to commence within any PUD District until the applicant for an amendment has:
(a)
Filed with the Zoning Administrator and recorded with the Clerk of Court of Oconee County plats showing all proposed features of the planned unit development as approved by the City Council, which approval shall be certified by the Zoning Administrator; and
(b)
Completed any necessary agreements with the City so that the City may become a party to deed restrictions and other restrictive covenants related to the planned unit development and recorded such agreements with the Zoning Administrator and with the Clerk of Court of Oconee County; and
(c)
Recorded with the Clerk of Court of Oconee County all required deed restrictions or other restrictive covenants required by the City Council in approving the amendment establishing the planned unit development district; and
(d)
Recorded with the Zoning Administrator and with the Clerk of Court of Oconee County the descriptive statement as approved by City Council setting forth and committing the developer to certain design standards, development phasing schedules and other pertinent matters; and
(2)
Basis for permits. The site development plan as approved by the City Council in establishing the PUD District shall be the zoning district map for the PUD and this shall be the basis for issuance of zoning permits and building permits for construction of buildings in the PUD.
G.
Changes of plans for PUDs. Changes which do not require changes to the boundaries of an established PUD District or establishment of a new PUD District are not considered amendments of the Zoning Ordinance. Any change in boundary of such PUD District shall be accomplished only be following procedures as set forth in Article IX, Amendments, herein. Changes in the approved characteristics or agreements relating to a PUD District, but not involving change in the boundary thereof, shall be classified as either major changes or minor changes and shall be approved or disapproved as follows:
(1)
Minor changes. Revision of minor characteristics of the planned unit development, such as relocation of driveways or revision of floor plans of specific structures, may be authorized by the Planning Commission by approving and recording a descriptive statement concerning development of the planned unit development district. If the Planning Commission fails to approve a request for a minor change, the developer or other party at interest may then seek a change by the regular amendment process as outlined below for major changes.
(2)
Major changes. Major changes which materially affect the characteristics of the planned unit development shall follow the same procedural requirements as those for the amendment originally establishing the planned unit development district, including Planning Commission review, public hearing and City Council determination, as set forth in Article IX, Amendments.
(3)
It shall be the duty of the Zoning Administrator to determine whether any specific request shall be considered a major change or a minor change; provided, however, that the applicant for change shall have the right to have any request for change processed as a major change.
H.
Failure to begin, failure to complete or failure to make progress. The descriptive statement as approved by City Council and duly recorded shall set forth the development for the project, including phasing of development of nonresidential uses in relationship to residential use. The City Council may require the posting of a bond with a corporate surety to guarantee that the schedule as set forth in the descriptive statement will be materially adhered to in order to guarantee construction of streets, utilities and other facilities and amenities or to allow for rectification of improper development, such as failure to begin, or failure to complete or failure to make adequate progress as agreed in the descriptive statement. The City Council may enforce and collect upon such bond, or may change the district classification of the planned unit development in accordance with provisions of Article IX, Amendments, and thus terminate the right of the applicant to continue development, or may initiate action to charge the owners or developers with specific violation of the Zoning Ordinance subject to the penalties set forth in Article X, or any appropriate combination of the above remedies. If construction of the planned unit development has not begun within one year of its final approval, the land shall revert automatically to the prior zoning district classification.