There may be designated one (1) or more districts within the city limits provided that each district consists of at least five (5) acres of contiguous land and the public streetscape is included. The review criteria for the different districts, with the exception of the Dillon Historic Neighborhoods, which have more flexible standards, will be reviewed by the standards listed in § 5-4-72 (D) Consistent Policies. The streetscape shall include any and all elements on or visible from public rights-of-way, parking areas, and areas where easements have been secured. Such elements shall include design, streetscape elements, vegetation, trees, light fixtures, portable signage and other visual elements whether portable or permanent. The purpose of including the streetscape is to enhance the visual image of the historic districts through a well planned coordinated design concept involving all elements placed on or that are visible from public rights of way and areas where easements have been secured.
(A) Commercial Districts.
The Dillon Downtown Commercial District established in June 2000 is defined on the original Map.
(1) Intent of a Commercial District.
(a) Preserve, to reinforce, and enhance the quality of commercial activity, the architectural character, and the physical scale of the commercial district.
(b) Encourage coordinated and planned use of the district as:
1. An attractive central business district.
2. A central area serving the adjoining residential neighborhoods.
3. A location for active but controlled commercial activity.
(c) Encourage rehabilitation of historic structures, development and restoration in harmony with architectural scale and style of the district through an integrated mixture of residential and commercial uses; and
(d) Discourage the intrusion of incompatible uses, the demolition of historic structures, and unnecessary removal or pruning of trees, and the creation of visually prominent parking areas.
(2) Permitted Uses.
Apartments located in existing or new buildings on floor levels that do not exit immediately to ground level |
Clubs, lodges, civic, fraternal, social, or similar non-profit organizations on floor levels that do not exit immediately to ground level |
Convenience stores |
Day care facilities |
Finance, insurance, and real estate offices, including banks and loan offices |
Government buildings or facilities |
Offices for commercial, personal, medical, legal and other services |
Parking lots |
Public utility substations and facilities |
Retail trade involving the sale of merchandise on premises, including food stores, retail stores, automobile dealers, service stations, apparel and accessories, eating and drinking establishments primarily engaged in the retail sale of prepared food and drinks which may also serve alcoholic beverages as a subordinate to meals for on-premises consumption (but excluding alcoholic drinking establishments primarily engaged in the retail sale of alcoholic drinks, such as night clubs, saloons, taverns, wine bars, beer garden drinking places, beer parlor tap rooms, beer taverns, bottle club drinking places, cabarets, cocktail lounges, discotheque alcoholic beverages, tap room drinking places and alcoholic beverage bar drinking places primarily providing services such as beer, ale, wine, whiskey and liquor for on-premises consumption. Manufactured home sales lots, boat and trailer sales lots are also hereby excluded) |
Services to individuals and businesses, including personal services, social services, business supplies and services, amusement and recreation, entertainment, health services, and repair services and rental services for household items, (but excluding establishments primarily engaged in operating pool rooms or pool parlors, billiard rooms or billiard parlors; either in their own or in other places of business) |
Signs, in accordance with the provisions of § 5-4-59-2 |
Telephone, telegraph, radio, and television services, but excluding communications towers |
Temporary uses, in accordance with the provisions of § 5-4-59-3 |
(a) The following words and phrases, whenever used in this ordinance, shall be construed as defined in this section:
1. "Alcoholic Drinking Place" means an establishment that is primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises, deriving fifty percent (50%) of their gross revenue from the sale of alcohol and in which the serving of meals is only incidental to the consumption of such beverages.
2. "Restaurant" means an establishment that is primarily devoted to the serving of food and drinks for consumption by guests on the premises, deriving fifty percent (50%) of their gross revenue from the sale of food and drinks in which the serving of alcoholic drinks is only incidental to the consumption of such meals. The business must have a Class A restaurant license from the Department of Health and Environmental Control and must have a kitchen that is used solely for the preparation, serving and disposal of solid foods that make up meals to include seating for not less than forty (40) persons simultaneously at tables for the service of meals.
3. "Meals" means an assortment of various prepared foods which shall be available to guests on the licensed premises during normal mealtimes which occur when the licensed business establishment is open to the public. Sandwiches, boiled eggs, sausages and other snacks prepared off the licensed premises but sold thereon, shall not constitute a meal. The business must have a menu or a posted listing of available meals. Hot meals must be prepared at least once each day the business is open for business.
4. "Primarily" means for the most part of a business activity engaged in by a business establishment.
(b) Drive-through windows shall not be permissible with any of the aforementioned permitted uses within the Dillon Historic Overlay District.
(Am. Ord. 05-05, passed 4-11-2005)
(3) Architectural and Site Design Requirements.
(a) Off-street parking shall not be established between the street and the front facade of the structure.
(b) Floors or porches shall be at the same level as floors within the structure or within eight (8) inches of the level of those floors.
(c) The predominant eave-line for new construction shall be two (2) stories in height. However, if existing structures over fifty (50) years old on both sides of the proposed structure are single story then the new structure must be single story. For the purpose of this subsection, a story shall have a maximum height of fourteen (14) feet and a minimum height of nine (9) feet from finished floor to finished floor.
(d) There shall be no flat roof without a parapet or a balustrade at least three (3) feet in height erected above the roofline of the facade structure.
(4) Public Sidewalk Planters and Window Boxes.
(a) DOT Criteria.
1. Public sidewalk must have five (5) feet of clear unobstructed space, measured from the inside of the curb.
2. Street corners shall not have any obstruction of view for pedestrians or vehicular
traffic.
3. Entry ways: Planters and plant materials must not be within twenty-four (24) inches of an entry way.
(b) Definitions.
1. PLANTER.
Container in which ornamental plants are grown.
2. WINDOW BOX.
Container designed to hold soil for growing plants at a windowsill, either on window sill or support brackets.
3. OWNER.
COA applicant.
(c) Historic District.
1. COA is required for original planters and any future planters which are not exact replacements.
2. No COA is required for the types of plant materials.
3. Owner assumes full responsibility and liability for planters, window boxes and plant materials.
4. Hanging containers are not permitted due to there instability/movement and height requirements (eight (8) feet minimum).
(Am. Ord. 03-25, passed 12-8-2003)
(5) Planters.
(a) Planter Placement.
1. a. Planter must be placed up against the facade of the building.
b. Planter shall not be placed in the area behind the city benches plus six (6) feet either side so as to maintain the eighteen (18) foot pedestrian clearance.
2. a. Planter may not extend more than twenty-four (24) inches toward street into sidewalk from the facade.
b. Plant materials must not extend more that thirty (30) inches into the sidewalk area.
(b) Planter Specifications.
1. Appearance must be tasteful and appropriate for historic district.
2. Planter shall not be permanently attached to the sidewalk.
3. Planter shall be of substantial material and weight so as not to be blown over or easily turned over.
4. Planter must contain live plant materials, artificial plant material is not allowed.
5. Planter shall not display any advertising signage.
6. Planter must be removed if owner does not keep it planted and well maintained. If owner is requested by city to remove the planter(s) for non-compliance, a daily fine shall be imposed on the owner.
(c) Horticulture.
1. Plant materials shall be well maintained, dead material is to be replaced.
2. Plant materials must be kept pruned so as not touch the sidewalk and interfere with pedestrian traffic.
3. Vines and trailing plants must be kept pruned off the sidewalk and facades.
(d) Maintenance.
1. Planter and area around planter must be kept clean and free of litter and plant debris
2. Water runoff from planters must not remain on sidewalk as must be immediately removed
(Am. Ord. 03-25, passed 12-8-2003)
(6) Window Boxes.
(a) Window boxes, brackets and decorative hardware may not extend further than twelve (12) inches from the facade.
(b) Boxes must be placed under windows (ground level or second floor) either on the sill or brackets.
(c) Boxes shall be securely attached to the facade. The use of metal brackets is preferred.
(d) Boxes must contain live plant materials.
1. Plant materials on the lower facade may not extend more than twenty-four (24) inches and may not touch the sidewalk.
2. Second floor boxes must not have plant materials extending more than thirty (30) inches toward the sidewalk.
3. Water and plant debris must be kept off the sidewalk.
(e) Boxes shall not display any advertising signage.
(f) Boxes must be removed if owner does not keep them planted and maintained or if owner vacates/abandons the building. If owner is requested by city to remove the boxes for noncompliance, a daily fine shall be imposed on the owner.
(Am. Ord. 03-25, passed 12-8-2003)
(7) Sidewalk Sales. It is the intent and purpose of this division (A)(7) to benefit the residents of the city as a whole in order to allow sidewalk sales to be permitted within the designated Dillon Downtown Commercial Historic Overlay District within guidelines, so as to promote pedestrian traffic in the commercial area of downtown, enhancing the attractiveness of the downtown, and making beverages, food and retail wares conveniently available for members of the public, without creating a health and safety hazard or inconveniencing pedestrians, the following provisions of this division (A)(7) are hereby adopted.
(a) Definitions. For the purposes of this division (A)(7) the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING RETAIL BUSINESS PROPERTY. Any real property used for retail business which abut, but is not located in the public sidewalk area.
APPLICANT. Any individual business owner, firm, partnership, corporation, the agent or employee having charge or control of a business in the absence of the principals.
EFFECTIVE WALKUP WIDTH. That portion of the sidewalk in the public sidewalk area which is reasonably available for use by the pedestrian stream moving through the area including use by persons using mobility aid devices.
PUBLIC SIDEWALK AREA. The sidewalk area located in the public right-of-way or in an area in which the public has an easement for sidewalk purposes, or both.
SIDEWALK SALES AREA. The effective walkup width area of the public sidewalk in front of commercial buildings of which the perimeter do not encroach beyond the first. thirty (30) inches (two-and-a-half feet) from the front property line of each retail business property, perimeter is measured from the business front property line.
(b) SCDOT Criteria.
1. The effect of walkway width of the public sidewalk shall have five (5) feet of clear unobstructed space, measured from the inside of the curb. It shall be the duty and responsibility of the individual business owner or applicant having charge or control of a business conducting sidewalk sales to calculate the proposed five (5) feet pedestrian effective walkway width area to insure that sidewalk sales does not materially impede accessibility for use by the pedestrian stream moving through the area including use by persons using mobility aid devices.
2. Street. corners shall not. have any obstruction of view for pedestrians or vehicular traffic.
(c) Requirements. It. shall be the duty and responsibility of the individual business owner or applicant having charge or control of a business conducting sidewalk sales to:
1. Provide a document, approved as to form by the City Attorney, in which the individual owner or applicant agrees to indemnify and hold harmless the city for losses, damages, claims or expenses arising out. of the use of the sidewalk sales area, the city shall not be liable for any injury to property or personal injury, including death, caused by the failure to maintain sidewalk sales in a reasonably safe condition;
2. Calculate the proposed five (5) feet, pedestrian effective walkway width area to insure that sidewalk sale's does not materially impede accessibility for use by the pedestrian stream moving through the area including use by persons using mobility aid devices, the effect, of walkway width of the public sidewalk shall have five (5) feet of clear unobstructed space, measured from the inside of the curb;
3. Ensure sidewalk sales area be located next to the abutting retail business property, and all items be placed within the perimeter of the sidewalk sales area as provided within the provisions of this division (A)(7); and
4. Assure the sidewalk will not be littered, to include providing placement of adequate trash receptacles and periodic picking up of litter in the sidewalk sales area.
(d) Location.
1. Sidewalk sales shall only be allowed within the designated Dillon Downtown Commercial Historic Overlay District in front of commercial buildings adjacent to a sidewalk by the retail business owner and/or applicant of subject lot, provided that the sidewalk sales space do not encroach beyond the first thirty (30) inches (two-and-a-half feet) from the front property line of the commercial building.
2. No part of the sidewalk sales area shall be located within:
a. Fifteen (15) feet of any bus loading zone;
b. Five (5) feet of any taxi stand area, cross walk, driveway, alleyway, or access ramp; or
c. Five (5) feet of any building standpipe or building hydrant, unless the Fire Chief or Fire Chief's designee determines upon inspection that access to the standpipe or hydrant is not impeded by a sidewalk sales area that is within five (5) feet of the standpipe or hydrant.
(e) Restrictions.
1. Sidewalk sales by an individual business owner or applicant having charge or control of a business as permitted under this division (A)(7) shall only be allowed to sell or display merchandise, beginning at sun up and ending at sundown.
2. Sidewalk sales shall not be accompanied by crying out or hawking.
3. When sidewalk sales activity is not being conducted, the individual business owner or applicant shall immediately remove from the sidewalk sales area all display of merchandise associated with the sidewalk sales.
4. Pedestrians shall not be exposed to any undue safety or health hazard nor shall a public nuisance be created, and, not withstanding other sections of this division (A)(7), the individual business owner or applicant shall keep the public sidewalk area in front of or adjacent to the sidewalk sales area abutting retail business property cleared at all times.
5. Sales of beverages and food may not be made to a person in or on any motorized vehicle.
6. The individual business owner or applicant shall be required to obey the commands of city code enforcement officials, law enforcement officials, firefighters, and all other public authorities acting pursuant to law with respect to activity carried out in the sidewalk sales area.
(f) Violations. Any person violating any provision of this chapter shall be deemed guilty of an offense and shall be subject to a fine of up to two hundred dollars ($200) or imprisonment for not more than thirty (30) days upon conviction. Each day of violation shall be considered a separate offense. Punishment. for violation shall not relieve the offender of liability for delinquent penalties and costs provided for herein.
(Ord. 18-02, passed 5-14-2018)
(B) Residential Districts.
A Dillon Residential District was established in June 2000 and is defined as shown on the original Map.
(1) Intent of a Historic Residential District.
(a) Reserved for low density residential purposes and the preservation of the residential streetscape.
(b) Encouragement of restoration and preservation of historic structures, out buildings, and enclosures such as fences and gates.
(c) Restrict further development to structures that may vary in design but relate to or are compatible with the specific area, street or block.
(d) To protect the district from new construction that does not reflect the historic character area.
(e) Avoid unwarranted encroachment of commercial or other uses affecting the historic character of a residential district or the streetscape.
(2) Permitted Use.
All uses permitted within the R-7 Single-Family Residential District as shown in § 5-4-57-7, (but excluding and prohibiting two-family dwellings (duplexes) and multi-family dwellings as permitted uses within the designated residential boundaries of the Historic Overlay District):
(a) Parking.
1. Minimum off-street parking requirements: § 5-4-57-7.
2. Off-street parking shall be provided and shall not be established between the street and the front facade of the structure. Off-street parking may be provided by a public parking area located not more than three hundred (300) feet from the structure.
3. Parking areas planned for more than three (3) vehicles require appropriate screening from adjoining properties and public right-of-ways.
4. Hardscape areas (parking, walks, driveways, patios) must be surfaced with reduced noise materials appropriate for the district
5. All light fixtures for parking and hardscape areas must be appropriate for the district and shall not be placed as to brightly illuminate adjoining properties or the public right-of-way.
6. New planned parking areas shall not cause the unnecessary removal of trees. Protection from ground compaction shall be provided for each tree to the drip line
(b) Waste Storage, Trash Containers . Services and materials connected with adaptive use shall not be located between the street and the front facade of the structure and must be appropriately screened from adjoining properties and public rights of way.
(c) Signage. In addition to the underlying district ordinances:
1. Interior illuminated signs are prohibited.
2. No sign which displays intermittent or flashing illumination.
3. No more than one (1) freestanding sign and/or one (1) wall sign.
(3) Adaptive Use.
Historic structures, notable structures and structures in a residential historic district may be adapted for permitted uses as listed for R-7 in § 5-4-57. A COA and an adaptive use permit are required.
(a) Restrictions.
1. Revocable if all conditions and restrictions are not met.
2. The permit is considered null and void if not in operation within one (1) year of original date of issue.
3. Non-transferable.
4. Change in adaptive use requires a new permit.
(b) Procedure and Requirements. Submit the following to Planning and Zoning Commission:
1. Certificate of Appropriateness.
2. Business overview listing type of business, hours of operation, expected volume, and percentage used for adaptive use and residence use.
3. Site plan, to scale, indicating off-street parking accommodations, traffic flow, entrances and exits, buffer areas, and placement of trash and storage containers.
(c) Planning and Zoning Commission shall take into account:
1. Impact to the neighborhood.
2. Appropriateness of maintaining the character of the neighborhood.
3. Traffic flow.
4. Public opinion.
5. Adaptive, productive use of a historic structure.
6. The unnecessary removal of trees and shrubbery.
Uses permitted in the R-7 code 5-4-57; 2-4: Bed & Breakfast (B&B), B&B Inn, Group Homes, Home Occupations, Multi-Family Dwellings require that a COA is obtained and the property meet all applicable building and fire codes and comply with all business licenses, revenue collection, and health laws of he City of Dillon, and the State of South Carolina.
(a) Bed and Breakfasts (Homestay, Host Home, Cottage, Guesthouse).
1. Definition. Bed and Breakfast (Home Occupation, § 5-4-57-4): This type facility is defined as primarily a resident occupied single-family dwelling or portion thereof, offering lodging for compensation, with or without breakfast, to guests residing no more than seven (7) consecutive days. No meals other than breakfast may be served to overnight guests unless catered.
2. Restrictions. There must be no other B&B within the historic district located within five hundred (500) feet of the proposed B&B. Distances shall be measured from the property line.
(b) Bed and Breakfast Inns (Manors).
Proposed B&B inns may make application to the Planning and Zoning Commission prior to operation as a bed and breakfast and in addition, serve meals and host such events as wedding receptions and business meetings, and reunions by providing the following for consideration:
1. Business plan with floor plan of serving areas and kitchen facilities, sample of menus, hours of operation, expected volume, percentage of structure to be used for serving versus guestroom use.
2. Site plan, to scale, indicating off-street parking accommodations, hardscape areas, traffic flow, entrances and exits, buffer areas, placement of trash and storage containers.
3. Restrictions. There must be no other B&B within the historic district located within five hundred (500) feet of the proposed B&B. Distances shall be measured from the property line.
4. Planning and Zoning shall take into account:
a. Impact to the neighborhood.
b. Appropriateness of maintaining the character of the neighborhood.
c. Traffic flow.
d. Noise and light levels at night.
e. Adaptive, productive use of a historic structure.
f. Public opinion.
5. Group Homes. Provided that they conform to the special requirements of this subsection of § 5-4-47-3.
a. Off-street, on site parking must be provided at the location of the group home for a number of vehicles, which shall not exceed the number of existing bedrooms, plus one (1) vehicle found at that location.
b. No on-premises signage or on-premises advertising of a structure as a group home will be permitted.
6. Multi-Family Dwellings.
Interior modification of structures is allowed to accommodate two (2) to three (3) dwelling units provided further that the total combined living area should be at least two thousand (2,000) square feet for a two-family and, at least three thousand (3,000) square feet for a three-family unit.
7. Public Use. Land adapted for public use such as recreation, public utility stations requires submission of a site plan for COA indicating buffer areas and materials screening adjoining properties
8. New Construction or Additions.
Unless specified elsewhere in this chapter, or unless subject to relief under conditions set forth in § 5-4-47, Rights-of Way and Easements, residences and uses permitted in the residential historic district shall be required to conform to the following standards and regulations:
a. Certificate of Appropriateness.
b. Landscaping. A scale site plan indicating plant materials and trees, buffer areas and screening, hardscape surfaces (driveways, walks and parking), and exterior lighting must be submitted to BAR for approval.
(Am. Ord. 07-11, passed 6-11-2007; Am. Ord. 12-01, passed 3-12-2012; Am. Ord. 17-09, passed 10-9-2017)