Article V: District Regulations
|
Section 5.1.1 Purpose and Intent Section 5.1.2 Designation of District Section 5.1.3 Establishment or Amendment to District Boundaries Section 5.1.4 Effect of Designation on Existing Zoning Section 5.1.6 Lot and Building Requirements Section 5.1.7 Certificate of Appropriateness Required Section 5.2 Residential District Section 5.2.3 Conditional Uses Section 5.2.4 Lot and Building Requirements Section 5.3 Village Commercial District Section 5.3.3 Conditional Uses Section 5.3.4 Special Exception Uses Section 5.3.5 Lot and Building Requirements Section 5.3.6 Design Requirements Section 5.4 Highway Commercial District Section 5.4.1 Purpose and Intent Section 5.4.5 Conditional Uses Section 5.4.6 Lot and Building Requirements Section 5.4.7 Design Requirements-General Section 5.4.8 Design Requirements-Site Development Section 5.4.9 Design Requirements-Buildings and Structures Section 5.4.14 Application Requirements Section 5.4.15 Compliance and Maintenance Section 5.4.16 Appeal of Action and/or Decisions Rendered Section 5.5 Marine Commercial District (MD) Section 5.5.3 Lot and Building Requirements Section 5.5.4 Screening and Parking Section 5.6 Planned Development Districts Section 5.6.1 Purpose and Intent Section 5.6.2 Regulatory Effects Section 5.6.3 Permitted Uses and Structures Section 5.6.4 Development Standards Section 5.6.5 General Design Guidelines Section 5.6.7 Administrative Procedures Section 5.6.8 Changes to Approved Planned Developments Section 5.6.9 Failure to Begin, Complete or Make Adequate Progress Section 5.6.10 Terms of Section to Prevail Section 5.7 Residential Transition District (RT) Section 5.7.2 Size and Location Section 5.7.4 Conditional Uses Section 5.7.5 Lot and Building Requirements Section 5.7.6 General Design Requirements Section 5.1 Historic District The purpose of the Historic (H) District is to protect and preserve the historic character, and enhance the distinctive architectural heritage of the Town of McClellanville; to promote the educational, cultural, economic and general welfare of the people of the Town of McClellanville; to foster civic pride; to ensure the harmonious, orderly and efficient growth and development of the municipality, to encourage new buildings and developments that will be harmonious with the existing structures and sites; and to establish a mechanism for accomplishing these objectives. It is the intention of the Town of McClellanville in enacting this preservation ordinance to exercise such authority evolved upon municipalities by the General Assembly of the State of South Carolina, and as is specifically set forth in Section 6-29-870, Code of Laws of South Carolina, 1976, as amended. It is the further intention of the Town of McClellanville in creating this district to encourage a harmonious outward appearance of structures within the locally designated historic district. It is the goal of the Town of McClellanville that by mandating a general harmony of style, form, proportion, texture and material between buildings of historic design and those of contemporary design, it will be possible for the Town's historic district to continue to impart a distinctive aspect to the Town and to serve as a visible reminder of the significant historical and cultural heritage of the Town of McClellanville and the State of South Carolina. §5.1.2 Designation of District The McClellanville Historic (H) District is an area within the town limits of McClellanville, shown on the Official Zoning Map as the same may, from time to time, be amended. Consideration shall be given to the following factors, among others, for the designation of historic properties: (a) Character, interest, or value as part of the development, heritage, or cultural characteristics of McClellanville, Charleston County, the State of South Carolina, or the United States. (b) Location as a site of a significant historic event. (c) Identification with a person or persons who significantly contributed to the culture and development of the Town of McClellanville. (d) Exemplification of the cultural, economic (agricultural, commercial or industrial), political, social, or historic heritage of McClellanville. (e) Portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style. (f) Embodiment of distinguishing characteristics of an architectural style. (g) Identification as the work of an architect or master builder whose individual work has influenced the development of McClellanville, Charleston County or South Carolina. (h) Character as a particularly fine or unique example of a utilitarian structure or group of structures, including, but not limited to frame houses, farm buildings, gas stations or other commercial structures with a high level of integrity or architectural significance. (i) Relationship to a park or other distinctive areas that are eligible for preservation according to a plan based on a historic, cultural or architectural motif. (j) Unique location or singular physical characteristic representing an established and familiar visual feature of a rural landscape, neighborhood, or community. (k) Importance in yielding or being likely to yield information important in history or pre-history. §5.1.3 Establishment or Amendment to District Boundaries (a) Designation of historic sites or additional districts and amendments to the boundaries of the existing historic district may be initiated by a property owner(s), Town Council, the Planning Commission or by recommendation of the Architectural Review Board (ARB), appointed in accord with Article XII of this Ordinance. The Zoning Administrator shall maintain an inventory of buildings and structures approved for inclusion within an established historic district approved by Town Council. (1) Requests for addition, deletions, or other changes to such inventory shall be made to the Zoning Administrator. Addition, removal or exclusion of individual properties from historic districts shall be considered in accord with the procedures for amendment to the Official Zoning Map in Article XIII of this Ordinance. (2) In considering such requests, the Planning Commission and Town Council shall seek recommendation of the Architectural Review Board. (3) No fee shall be required for the rezoning of properties to a historic district designation. (b) The following information, along with an application provided by the Zoning Administrator, shall be submitted for consideration of a historic district designation: (1) An inventory of each building or structure proposed for inclusion within the district which itself has historic merit or which contributes to the overall character of the existing or proposed district. (2) A graphic representation of the location of all landmarks, sites, buildings, or other structures of particular cultural value as well as the boundaries of the total proposed area to be included in the designation; and (3) A written statement documenting the particular historical attributes of the territory proposed to be designated. (c) Changes to a Historic District shall not become effective until officially adopted by the Town Council in the manner prescribed for map amendments to the Zoning Ordinance. Owners of properties that are proposed to be designated as historic shall be notified in writing thirty (30) days prior to final consideration by the Town Council. §5.1.4 Effect of Designation on Existing Zoning The Historic District is an overlay zone and as such, these regulations apply in addition to existing zoning designations and the regulations appropriate thereto. Where there is a conflict between requirements of the Historic District and those for the underlying zoning district, these regulations shall prevail. Within the Historic District a building or premises shall be used as allowed by the underlying zoning district of the building or premises, including conditional and special exception uses as may therein be delineated. §5.1.6 Lot and Building Requirements Notwithstanding underlying zoning district requirements, within the Historic District, the lot, setback and height requirements are as follows: §5.1.6.1 Minimum Lot Area (a) Single household dwelling .75 acres (b) All other uses 1 acre* *Unless conditional use requirements specify otherwise. §5.1.6.2 Minimum Lot Width 90 feet §5.1.6.3 Minimum Setback Requirements (a) Dwellings Front 15 feet Rear 15 feet Side 15 feet (b) Other Permitted Uses (underlying R zoning) Front 15 feet* Rear 10 feet* Side 10 feet* *Unless conditional use requirements specify otherwise, or unless the use is cultivation of land or gardening, in which case there is no minimum setback requirement. (c) Commercial Uses (underlying Village Commercial (VC) zoning) Front 0 feet Rear 3 feet Side 10 feet (d) Marine Commercial Uses (underlying MD zoning)30 feet where abutting a property zoned or used for residential purposes and/or public street §5.1.6.4 Maximum Residential Floor Area 3,500 square feet of total heated space, excluding porches §5.1.6.5 Maximum Height of Structures Same as underlying zoning district §5.1.7 Certificate of Appropriateness Required Prior to any demolition, alteration, modification or addition to an existing structure or the construction of a new structure within the Historic District, or the moving of any structure within, into or out of the District, a Certificate of Appropriateness from the Architectural Review Board shall be obtained in accord with § 12.4 of this Ordinance. (a) For purposes of this article, "structure" shall include buildings, walls, fences, signs, light fixtures, steps or appurtenant elements thereof. (b) Maintenance or repairs involving replacement of existing materials that do not change the exterior appearance or character of the building need not come before the Board for review, but shall be presented to the Zoning Administrator prior to any work being undertaken. Any visible alterations will be subject to the application process. (c) For purposes of this requirement, "exterior architectural appearance" shall include architectural character, general composition and general arrangement of the exterior of the structure, including the kind, color and texture of the building material and type and character of all windows, doors, light fixtures, signs and pertinent elements, visible from a street or publicly accessed travel way. (d) All utility companies shall be required to obtain approval from the ARB in accordance with this Section, prior to initiating any changes in the character of streets, including but not limited to, paving, widening, sidewalks, tree installation or removal, utility installations (excluding traffic control devices), lighting, walls, fences, structures and/or buildings on property or easements in the Town of McClellanville that are within the Historic District. (e) Application for a Certificate of Appropriateness must be made by the owner of the property that is to be altered, demolished or moved or by an authorized agent or representative of the owner. (f) Such Certificate shall be a standard form signed by either the chairman or vice-chairman of the Architectural Review Board, stating that the demolition or changes in the exterior architectural appearance of the proposed construction, reconstruction, alteration, or restoration have been approved by the ARB. Section 5.2 Residential District The Residential District (R) is intended for individual dwelling units or residential structures on relatively large lots in areas where low density is appropriate because of neighborhood living patterns and the character and capacity of the natural environment. It is further intended that the requirements of this ordinance will ensure that new development and construction are consistent with the scale and form of existing residential neighborhoods such that the village’s rural character is not compromised. Within the R district, a building or premises shall be used only for the following purposes: (a) Single-family detached dwelling, excluding manufactured homes. (b) One (1) single bedroom, accessory dwelling unit less than eight hundred (800) square feet in floor area contained within a single-family dwelling or within an accessory structure, excluding however, manufactured homes. (c) Agricultural uses, excluding intensive animal production operations. (d) Accessory uses, in conjunction with permitted uses, and which are customarily incidental and subordinate to permitted uses and structures, as listed in Section 3.4 of this Ordinance. The following uses may be permitted by the Zoning Administrator provided it is found that all performance standards for such use(s) below or in §3.5 of this Ordinance will be met. (a) Elementary school, middle school, high school, or institution of higher learning provided that the lot is a minimum of twenty (20) acres in size, no structure or parking area or space serving the school is located within fifty (50) feet of any property line, facilities do not include the use of mobile classrooms, and the parking or loading requirements of this Ordinance are provided on site. (b) Public park, playground or other active public recreation area. (c) Public library or museum provided that such use is on a parcel of land a minimum of one (1) acre in size and no building, parking area or accessory use are located within thirty (30) feet of any property line. (d) Church, synagogue or other similar place of worship provided that such use is on a parcel of land a minimum of three (3) acres in size facing a street having not less than a fifty (50) foot right-of-way, provided that no structure or parking area is located within fifty (50) feet of any property line. (e) Home Occupation, in compliance with provisions of §3.5.1. (f) Bed and Breakfast, in compliance with provisions of §3.5.2. (g) Adult or child daycare facility that is operated in conjunction with a school or church and which meets the following criteria: (1) All such facilities shall conform to applicable county and state laws, rules and regulations; (2) All outdoor recreation or play areas shall be completely enclosed with fencing and situated in a manner that all persons entering the area are within direct line of sight of an office or classroom; (3) No recreational equipment shall be located within the required setbacks of the lot or between the front property line and the principal structure on the lot; (4) Vegetative buffering shall be provided between all outdoor areas and adjacent residential properties; (5) All outdoor recreation or play areas shall be separated from parking, loading and service areas, to include areas for visitors and site deliveries, so as to insure the safety of clients; (6) A designated pick up and delivery zone shall be provided that has direct access to the facility entrance; (7) A minimum of one (1) parking space per twenty (20) clients or children shall be located adjacent to the facility entrance and designed in a manner such that clients or children do not have to cross vehicular passageways to enter or exit the facility; and (8) Operation shall not be conducted between the hours of 8:00 p.m. and 6:00 a.m. §5.2.4 Lot and Building Requirements The location and height of structures, and the area upon which they may be placed, are as follows: (a) Minimum Lot Area. One (1) acre or 43,560 square feet, unless otherwise specified as a performance standard or condition of approval for a particular use. (b) Minimum Lot Width 120 feet. (c) Minimum Setback Requirements. (1) Front: 40 feet* (2) Rear: 40 feet* (3) Side: 16 feet* *Unless conditional use requirements specify otherwise (d) Maximum Height of Structures above base flood elevation. 35 feet. (e) Maximum Impervious Surface Ratio, exclusive of marshlands or natural water areas on the lot. (1) For lots .75 acres in area or larger, the greater of 20% or 5,000 square feet. (2) For lots less than .75 acres in area, the greater of 20% or 3,000 square feet. (f) Maximum Residential Floor Area. 3,500 square feet of total heated space, excluding porches. Section 5.3 Village Commercial District (VC). The purpose of the Village Commercial District (VC) is as follows: (a) To provide for a balanced mix of residential, office and limited commercial retail services to serve needs of the local community, which do not generate large volumes of traffic, noise, or other harmful effects, and which are compatible with residential uses. (b) To encourage conservation, preservation, and reuse of structurally sound buildings in the village’s traditional commercial center through the design and placement of building types and public spaces. (c) To enhance the viability of local businesses and reduce the need for vehicular transportation for residents by serving the needs of the local community is a pedestrian accessible environment. (d) To promote continuity of the defined streetscape formed by existing buildings to reestablish a unique and safe environment which functions for pedestrians, cyclists and motorists. A building or premises in the Village Commercial district shall be used only for the following purposes provided the primary use and/or associated building(s) do not exceed 2,000 square feet total of gross floor area: (a) Barbershops, beauty shops, and similar personal service establishments. (b) Childcare centers, day care centers, pre-kindergartens, kindergartens, and other special schools for young children. (c) Professional offices, studios, clinics (other than veterinary), clinical laboratories. (d) Retail commercial establishments selling wearing apparel, jewelry, hardware, household items, sporting goods, reading material, stationery, art supplies, food, gifts, sundries, toys, health and beauty aids, music, beer, wine, paint and wallpaper, appliances, flowers, office equipment and supplies, photographic supplies and similar kinds of merchandise. (e) Restaurants, limited and full service, excluding those with drive-in service and drinking establishments as defined in Article XIV. (f) Any use permitted under §5.2.2. (g) Two-household dwellings. (h) Mixed-use structures, with residential uses above or behind first floor commercial uses. (i) Accessory uses, in conjunction with permitted uses, and which are customarily incidental and subordinate to permitted uses and structures, as listed in Section 3.4 of this Ordinance. The following uses may be permitted by the Zoning Administrator provided it is found that all performance standards for such use(s) will be met. (a) Churches, synagogues, temples and other religious worship facilities, having a minimum lot area of at least two (2) acres. The Board of Zoning Appeals may approve the establishment of any individual building or use as delineated in §5.3.2 that exceeds 2,000 sf of gross floor area in the Village Commercial district provided it finds that all criteria for a Special Exception in §12.3.6 will be met. §5.3.5 Lot and Building Requirements The following minimum lot requirements shall apply to all uses established in the Village Commercial District: §5.3.5.1 Minimum Lot Area (a) Single Family dwellings. ¾ acre or 32,610 square feet. (b) Two family dwellings. One (1) acre or 43,560 square feet. (c) All other uses. ¼ acre or 10,890 square feet, or such size as may be assigned to such use per other provisions of this Ordinance, or such size which shall be sufficient to provide required off-street parking, whichever is greater. §5.3.5.2 Minimum Lot Width 90 feet §5.3.5.3 Minimum Setback Requirements (a) Front. Zero (0) Feet, in accord with Section 5.3.6.3 below. Side. Three (3) Feet, or greater as may be required by current building codes. (b) Rear. Ten (10) Feet. §5.3.5.4 Height Limitations No building shall exceed thirty-five (35) feet in height above the base flood elevation. §5.3.5.5 Maximum Impervious Surface Ratio, exclusive of marshlands or natural water areas on the lot. 40% §5.3.5.6 Maximum Residential Floor Area 3,500 square feet of total heated space, excluding porches. The Village Commercial District shall observe the following minimum design requirements and, where applicable the requirements of Section 5.1: §5.3.6.1 No principal structure shall be set back from the street right of way a distance greater than the smallest setback provided for existing structures on adjacent parcels or within 12 feet, whichever is less; provided however that a proposed building may be exempted from one or more setback requirements if such a move is necessary to preserve an existing tree on site of 12 inches or greater in diameter measured at 4’ above grade. Undeveloped adjacent parcels shall be deemed to have zero setbacks. §5.3.6.2 A minimum of 25 feet or 50% of street frontage, whichever is higher, of the principal structure façade shall abut the public right of way. Section 5.4 Highway Commercial District (HC) The purpose of this District is to provide for the development of intensive business and commercial uses in certain areas of the Town. This district is designed to provide comparative shopping opportunities within a concentrated area, and promote a business climate essential to the vitality and economic stability of the community. It is also the purpose of this District to provide opportunities for defined types of residential uses that are compatible with the commercial nature of the District. Regulations and design guidelines applicable to properties within the Highway Commercial (HC) District are intended to promote efficient and coordinated use of parcels within the district; with carefully organized buildings, service areas and landscaped open spaces that provide for a compatible mixture of commercial, cultural, and limited employment uses in a pedestrian-friendly environment, which is compatible with the environmental integrity of the region. The intent of these regulations is to encourage a pattern of commercial development that, while accommodating automobiles, reduces traffic and the reliance on vehicles for local residents by providing accessibility between parcels within the district and between the district and surrounding residential areas. They are further intended to foster building and site designs that are compatible with, and reflective of, the town’s existing character and integrated within existing natural features of the district. The lawful use of buildings, structures, or land within the Highway Commercial (HC) District as of the date of adoption of this Article, that does not comply with the provisions of this Article, may continue and shall be subject to the provisions of Article IV, non-conforming uses; provided however, notwithstanding the provisions of Article IV, any alteration or repair to an existing building or structure, or any alteration of a use of land, which affects the exterior appearance of said building or structure or land shall be subject to the provisions of this Section. All development within the Highway Commercial (HC) District shall be reviewed for consistency with the regulations and guidelines contained in this Section by a Design Review Board, as established in Article XII of this Ordinance. The DRB shall apply these guidelines in a manner such that they will be in harmony with the character of the other buildings or structures on the site and/or in the district and the environmental integrity of the region. Within the Highway Commercial (HC) District, a building or premise shall be used only for the following purposes, provided the primary use and/or associated building(s) do not exceed 15,000 square feet in total gross floor area: (a) Retail commercial establishments selling wearing apparel, jewelry, hardware, household items, sporting goods, reading material, stationery, art supplies, food, gifts, sundries, toys, health and beauty aids, music, beer, wine, liquor, painting and wallpaper, appliances, flowers, office equipment and supplies, photographic supplies and similar kinds of merchandise. (b) Personal service establishments such as laundries and dry cleaners (excluding on-site processing facilities), barber and beauty shops, shoe repair shops, secretarial service, and interior decorators, with no accessory drive-up service windows. (c) Pharmacies. (d) Financial Institutions, such as banks and savings and loan companies including automatic tellers and accessory drive-up services meeting performance standards listed in §5.4.5(b). (e) Business and professional offices. (f) Active and passive recreation uses. (g) Limited and full-service restaurants, excluding drive-ins and accessory drive-up services. (h) Churches and other places of worship or religious instruction. (i) Museums, art galleries and other uses related to culture indigenous of the region. (j) Single Family Detached dwellings. (k) Attached dwellings, with a maximum of four (4) units within a single structure. (l) Multifamily dwelling units located within the same building or on the same lot as a commercial use. (m) Government Agencies and Services. (n) Accessory land uses and buildings customarily incidental and subordinate to any of the above, excluding drive-through facilities except when expressly permitted as a conditional use. (o) Any use permitted in VC district, except residential uses not listed above. Within the Highway Commercial (HC) District, certain uses of buildings and/or premises shall be permitted only if certain conditions or standards are met which mitigate potentially adverse impacts on the intended character of the district and adjacent properties as list below or as imposed by the Design Review Board: (a) Any individual building or use exceeding 15,000 square feet, but less than 25,000 square feet, of gross floor area provided that: (1) All truck parking or loading facilities are located to the side or rear of the building, outside required landscaped yards, and screened from public rights of way. (2) No storage or outdoor sales is proposed which will occupy greater than 10% of the gross floor or lot area. (3) Outdoor storage of waste materials, equipment, supplies and vehicles are located to the side and rear of the building and buffered and screened from view of adjacent properties. (b) Drive through facilities associated with a financial institution, such as banks and savings and loan companies, or pharmacy, provided that: (1) Vehicular access is limited to no more than two (2) drive-through lanes with 60 feet or less of stacking space per lane. ATM drive-up facilities shall count as one lane. (2) The drive through facility and access way are integrally designed with the building and do not dominate its design. (3) The drive through facility does not face US 17. (c) Open or field storage, when accessory to a permitted or conditional use, provided that: (1) No such storage is located within a required front yard, or yard fronting on a public right of way. (2) No proposed parking lot spaces are used for the storage of goods or merchandise. (3) No storage or outdoor sales is proposed which will occupy greater than 30% of the lot area. (4) Outdoor storage of waste materials, equipment, supplies and vehicles are buffered and screened from view of adjacent properties. (5) No burning of material or products is conducted on the premises. (d) Automobile sales, service and repair and gasoline stations, provided that: (1) All service and repair is conducted within thirty feet (30’) of the principal building. (2) There shall be no access towards or through adjoining residential districts. (3) No junked, salvaged, or abandoned vehicles, or parts thereof, shall be stored on the premises. (4) Such use shall be so arranged as to require all servicing on the premises and outside the public rights-of-way and no gasoline pump or air outlet shall be placed closer than twenty (20) feet to any property line. (e) Commercial entertainment establishments such as bowling, billiards, theaters, provided that: (1) Such use is not located within 150 feet of residentially zoned property. (2) There shall be no access to adjoining residential districts. (3) Such use shall not operate between the hours of 12:00 a.m. and 11:00 a.m. (f) Manufactured homes for single family occupancy, provided that the site/foundation plan for such use is approved by the Building Inspector, and illustrates compliance with the following minimum requirements: (1) Recreational vehicles shall not be construed as manufactured homes for the purpose of providing permanent occupancy for human habitation. (2) The manufactured home shall be a HUD approved unit, certified under the SC Manufactured Housing Standards, National Manufactured Housing Construction and Safety Standards Act of 1974, and International Residential Code as applicable, and was constructed no more than 10 years prior to requesting installation. (3) The home shall be supported by a foundation system, which meets the requirement of the Standard Building Code (ICC) or such other building code as the Town may adopt. (4) The home’s foundation shall provide a continuous enclosure, except for required ventilation and access, using materials comparable to predominant materials used in foundations of surrounding stick-built dwellings, as approved by the Building Inspector. (5) The enclosed crawl space under the manufactured home shall be ventilated and include access panels as required by the Standard Building Code, or such other code as the Town may adopt, and where necessary, shall also be flood resistant. (6) The manufactured home shall have a pitched roof, with a slope not less than four (4) feet in height for each 12 feet in width, with an overhang (eave) extending at least eight (8) inches from each vertical exterior wall. Site installed gutters may be counted in the width of the eave. (7) Stairs, porches, and other entrance features of the homes shall be installed and constructed in accord with standards set by the Building Inspector. (8) The manufactured home shall have exterior siding and roofing which in color, material, and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the town. (9) The manufactured home shall be placed so that the apparent entrance or front of the home faces or parallels the principal street frontage. (10) The minimum width of the main body of the manufactured home as assembled on site shall be at least twenty-two (22) feet for no less than the first twenty (20) feet of the home’s depth. (11) The home must be elevated to meet minimum base flood elevation (BFE) requirements of the Federal Emergency Management Administration and the current Flood Hazard ordinance adopted by the Town. (12) No other structure shall be located on the lot where the manufactured home is situated, except garages for vehicles or boats. (13) Notwithstanding any other set back requirements, the manufactured home must be at least 50 feet from any property line or rights of way. (14) Notwithstanding the requirements of Sections (8) and (9) of this ordinance, a natural buffer, at least 10 feet in width and at least 6 feet in height, shall be installed and maintained along the perimeter of any lot where a manufactured home is located, said buffer to be of natural vegetation that, upon maturity, will be opaque and will provide density sufficient to protect occupants from undo noise and dust and provide privacy. (g) Light manufacturing, processing or assembly operations, including the storage and sale of materials, products or equipment on a wholesale or retail basis, but specifically excluding junk or salvage yards, or similar uses that may cause injurious or obnoxious noise, vibrations, smoke, gas, fumes, odors, dust, fire hazards, radiation or other conditions harmful or objectionable to adjacent or nearby properties; provided that: (1) All truck parking or loading facilities are located to the side or rear of the building, outside required landscaped yards, and screened from public rights of way and/or adjacent property zoned or used for residential purposes. (2) No storage of any kind is proposed within the front yard. (3) Outdoor storage of waste materials, equipment, supplies and vehicles shall be buffered and screened from view of adjacent properties. (4) Operation of the manufacturing use does not create noise in excess of 80 dB, as measured at the property boundary of the noise source using the fast meter response of a sound level meter, reduced to 70 dB maximum between the hours of 7 p.m. and 7 a.m. (h) Communication tower; provided that: (1) The tower must not be higher than 199 feet, measured from grade, using construction which does not require the use of guy wires. The applicant shall provide an engineer’s certification that the height proposed is the minimum required to allow for the applicant to meet its communication needs. (2) The tower must be located no closer to residential zoned property than a distance equal to one and one-half (1 and 1/2) feet for each foot in height of the proposed tower, plus 50 feet as measured from the center of the proposed tower, if said property is intended to remain zoned as residential under the adopted land use plan for that area; provided however there shall be at least a one hundred fifty (150) foot distance between the proposed tower and residentially zoned property. (3) The proposed tower must be located such that adequate setbacks are provided on all sides to prevent the tower’s fall zone from encroaching onto adjoining properties (the fall zone shall be determined by an engineer certified in the State of South Carolina in a letter which includes the engineers signature and seal). (4) The proposed tower and associated improvements meet applicable zoning district setback requirements and applicable landscaping and tree protection requirements, and plans include the incorporation of a 25 foot buffer outside the perimeter tower base fenced area that provides an opaque screen from public rights-of-way and adjoining properties, all of which must be installed prior to a certificate to operate the tower being released. (5) The proposed tower and any lights or light reflecting from it must not be visible from property listed on or eligible for listing on the National Register of Historic Places, or from a road or river which has been officially designated as a scenic road, by-way or river. The line of site to determine whether a proposed tower will be visible from a certain location, will be from: a. As to roads – 6 feet above grade; b. As to rivers – the level of the river at mean high tide; and c. As to historic properties – 6 feet above grade if unimproved and the highest floor intended for human occupation, if improved. (6) The proposed tower shall be illuminated only to the minimum as required by the Federal Communications Commission (FCC), Federal Aviation Administration (FAA) or other regulatory agencies. Nighttime strobe lighting shall not be incorporated unless required by the Federal Communications Commission, Federal Aviation Administration or other regulatory agency. Unless otherwise required by federal agencies, only white (preferable) or red strobe lights shall be used at night and these shall be kept to the minimum number, intensity and frequency of flashes per minute, as required by law. The use of solid red or pulsating red lights shall be avoided. Security lighting for on-ground facilities and equipment shall be down shielded to keep light within the boundaries of the site. (7) The color of the proposed tower is appropriate to blend in with its surroundings. (8) The proposed tower and associated structures are appropriately secured by means of non-climbable walls, fences or other devices. (9) The applicant has produced documented attempts to co-locate on existing communication towers, buildings, or other structures in its site search area or documented reasons why such is not feasible, and the applicant commits to make every effort to construct the proposed tower in a manner to allow other telecommunication users to co-locate and commits to allowing other users to co-locate on the proposed tower in the future subject to engineering capabilities of the structure, frequency considerations, and proper compensation from the additional user. (10) An applicant proposing to locate a tower within 1000 feet of the center of an existing tower has certified, in writing, that the existing tower does not meet the applicant’s structural specifications and technical design requirements, or a co-location agreement could not be reached at a reasonable market rate, specifying the rate offered by the existing building/tower owner or operator. (11) The applicant has demonstrated, through an intermodulation study or other verifiable evidence, that the tower, as proposed to be sited and constructed, will not interfere with public safety communications, and certified that the study or other evidence has been provided to the applicable public safety agencies, including the Charleston County Sheriff, the Chief of the McClellanville fire district, the director of the Charleston County Emergency Preparedness Department and the Administrator of the Town, or their respective successor agencies. (12) The applicant (an owner of the site, if owner is not the applicant) has committed, in writing, to dismantle and move the tower within 60 days of abandonment, which for purposes of this section means the tower is not used for communication purposes for 120 consecutive days (with no new application on file for any communication user) or is not maintained in accordance with this ordinance for a period of 30 consecutive days after notice from the Town of noncompliance. (i) Tattoo Facilities, or parlors, provided that: (1) The facility or parlor is duly licensed by the South Carolina Department of Health and Environmental Control; (2) The facility or parlor is no closer than 1,000 feet to a church, school, or playground, said distance being measured in accordance with S.C. Code § 44-34-110 (1976), as amended; (3) Such facility or parlor is not open for business between the hours of 5:00 PM and 9:00 AM; and (4) Notwithstanding the provisions of §5.4.11.5, the buffer required by §5.4.11.3 shall not be reduced. §5.4.6 Lot and Building Requirements Regulations governing the location and height of structures, and the lot area on which they may be placed are as follows: §5.4.6.1 Minimum Lot Area 1.0 acres. §5.4.6.2 Minimum Lot Width 150 feet. §5.4.6.3 Minimum Setback Requirements (a) Adjacent to US 17. 100 feet. Such setback may be reduced to no less than 50 feet, subject to approval of the ARB, if it is demonstrated that: (1) No structures or uses are proposed to be located between the principal building and the road right of way. (2) The principal structure(s) is designed with two principal facades; one facing US 17, the other facing the principal building entrance or other public right of way. (3) All other proposed development activity is physically designed, landscaped, and oriented such that it is compatible with surrounding structures built in accord with the design guidelines included within this ordinance. (b) Front (other than frontage on US 17). 50 feet. (c) Side. 20 feet. (d) Rear. 20 feet. (e) Minimum distance between structures located on an individual lot or building space. 20 feet, provided however that covered walkways connecting buildings or connecting buildings with parking areas may traverse such space. §5.4.6.4 Maximum Height 40 feet above base flood elevation. §5.4.6.5 Maximum Net Residential Density Two (2) dwelling units/acre. §5.4.6.6 Maximum Lot Coverage 25%. §5.4.6.7 Maximum Impervious Surface Ratio, exclusive of marshlands or natural water areas on the lot 30%. §5.4.6.8 Maximum Residential Floor Area 3,500 square feet of total heated space, excluding porches, subject to review and approval by the Design Review Board. §5.4.6.9 Minimum Landscaped Open Space 20%. §5.4.6.10 Development of parcels five (5) acres or greater in size, proposing lot and building requirements other than those listed above, must obtain approval as a Planned Development District under this Article and Article XIII of this Ordinance. As a condition of approval for such developments, Town Council may require review by the DRB and demonstrated conformance with the design guidelines contained herein. §5.4.7 Design Requirements-General In determining whether to approve or deny an application for the erection, reconstruction, alteration, or restoration of a building in the Highway Commercial District, the Design Review Board shall consider only those matters pertinent to the creation/preservation of the district’s character/or architectural aspect and the nature of building(s), signs, site, or area, including the following criteria: (a) The effect of the proposed development upon the general architectural nature of the HCD and its contribution towards the district’s appearance, character and economic value, as well as that of the town. (b) The impact of the proposed development on surface ground water quality, adjacent watershed and estuarine system. (c) The impact of the proposed development on existing natural features and the preservation/integration of these features within the site design. (d) The quality and degree of integrity of exterior architectural design elements and features that can be seen from a street or sidewalk. (e) The ease of pedestrian/cyclist access between the proposed development and adjacent developments within the district, and between the proposed development and adjacent residential neighborhoods. (f) The general design, arrangement, texture, material and color of a building or structure(s) and the relation of such factors to similar features of buildings or structures in the District. §5.4.8 Design Requirements-Site Development Specific consideration shall be given, but not limited to, the following: (a) Siting of Buildings. Buildings shall be sited in a manner that preserves existing natural features, significant vegetation and significant views of the site. All proposed development shall be located and configured in a visually harmonious manner with the existing terrain and vegetation of the subject parcel and that of surrounding parcels. Where reasonably practical, proposed structures shall not impede scenic views of natural features within the district from Highway 17, existing structures or natural settings. Proposed development shall avoid excessive or unsightly grading, indiscriminate earth moving or clearing, and removal of trees and vegetation, which could disrupt natural watercourses or disfigure natural landforms. Environmentally sensitive areas of a site shall be protected and/or enhanced by plantings of appropriate native vegetation. (b) Relationship of Landscaping. Sites shall exhibit a predominance of landscaping, with emphasis on the pr |