The following words, terms, and phrases, when used in this ZDO, shall have the meaning ascribed to them in this section.
ABUTTING. The condition of two adjoining lots having a common property line or boundary including cases where two or more lots adjoin a corner, but not including cases where adjoining lots are separated by a street or alley.
ACCESSORY STRUCTURE. A structure that is subordinate in use and square footage to a principal structure or permitted use.
ACCESSORY USE. A use that is customarily incidental, appropriate, and subordinate to the principal use of land or buildings and is located upon the same lot.
ACCESSWAY. A private paved vehicular way providing ingress and egress to an off-street parking area.
ACTIVE RECREATION USES. Uses or structures intended for specific active recreational uses such as play grounds, ball fields, tennis courts and other similar uses typically located in open space set-aside areas.
ADDITION. An attached structure added to an original structure after the completion of the original.
ADJACENT. A lot or parcel of land that shares all or part of a common lot line or boundary with another lot or parcel of land or that is directly across a public street or right-of-way.
ADMINISTRATIVE ADJUSTMENT. A permit issued by the Zoning Administrator in accordance with § 162.03-05, Administrative Adjustments.
ADULT ENTERTAINMENT ESTABLISHMENT. An establishment which by law excludes minors by virtue of the fact that a substantial portion of its business is sexually explicit. Includes but not limited to, adult arcades, adult book stores, adult video stores, adult theaters (drive-in, picture, and mini-picture), adult cabarets, massage parlors, or adult entertainment establishments.
AGGRIEVED PARTY. A person, with a legally recognized interest (i.e., fee simple ownership) and standing to appeal, that is injuriously affected by a decision from any decision-making body of the city, including any officer or agent of the city.
ALTERNATIVE LANDSCAPING PLAN. A plan or other proposal to utilize one or more of the alternative landscaping provisions in § 166.02-08, Alternative Landscaping Plan, as a means of meeting the landscaping provisions despite topographical or other constraints.
ALTERNATIVE PARKING PLAN. A plan or other proposal to utilize one or more of the alternative parking provisions in § 166.06-09, Alternative Parking Plan, as a means of providing more off-street parking spaces than typically allowed or fewer spaces than required.
AMENDMENTS TO TEXT AND OFFICIAL ZONING MAP. An amendment to the official zoning map or the text of this ZDO adopted by the City Council in accordance with § 162.03-01, Amendments to Text and Official Zoning Map.
AMERICAN STANDARD FOR NURSERY STOCKS (ANSI). The horticultural naming guide as referenced in this ZDO.
ANIMAL CARE. A facility engaged in care, grooming, boarding, provision of veterinary services, or adoption of animals typically maintained by individuals as domestic animals or household pets.
ANNEXATION. The addition of lands to the corporate boundaries of the City of Folly Beach, South Carolina, by the City Council in accordance with state law.
APPEALS. A request for review of an administrative official's or decision-making body's interpretation or decision by the Board of Zoning Appeals in accordance with § 162.03-15, Appeals.
APPLICANT. A person, firm, or governmental agency who executes the necessary forms to obtain approval or a permit for a land-disturbing activity.
ARCHITECTURAL LIGHTING. Exterior lighting that is designed to highlight structures, plantings, or significant architectural features in a direct or indirect fashion.
ASSESSED VALUE. The monetary price of a parcel of land, portion of land, improvement on land, or other commodity assigned by the Charleston County Property Appraiser's office for the purposes of taxation.
AUTHORIZED AGENT. A person with express written consent to act upon another's behalf.
BAR, NIGHTCLUB, OR SIMILAR ESTABLISHMENT. An establishment having as its principal or predominant use the serving of beer, wine, or liquor for consumption on the premises. An establishment is not a bar if the establishment:
(1) Has a Class A restaurant license from the State of South Carolina;
(2) Maintains a full service restaurant on its premises at all times when it is open to the public for business; and
(3) Provides facilities for seating not less than 40 persons simultaneously at tables for the service of meals.
BASE FLOOD ELEVATION. An elevation above mean sea level that has a 1% chance of being inundated in any given year in a given location as identified by FEMA Flood Rate Insurance Maps.
BASELINE. The jurisdictional line separating public beach from private property as adopted by the city and DHEC OCRM pursuant to the State Beachfront Management Act.
BED AND BREAKFAST. A private residence, generally a single-family detached dwelling, engaged in renting one or more dwelling rooms on a daily basis to tourists, vacationers, and business people, where provision of meals is limited to guests only.
BENEFICIAL USE DETERMINATION. A permit issued by the City Council in accordance with § 162.03-16, Beneficial Use Determination.
BERM. An elongated earthen mound typically designed or constructed on a site to separate, screen, or buffer adjacent uses.
BEST MANAGEMENT PRACTICE. A wide range of management procedures, schedules of activities, prohibitions on practices and other management protocols which have been demonstrated to effectively control the quality and quantity of storm water runoff, and which are compatible with the land use or other land disturbing activity.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways or boundary line of municipalities.
BOARD OF ZONING APPEALS or BZA. The Board of Zoning Appeals of the City of Folly Beach, as established by this ZDO.
BUFFER.
(1) Vegetative material and structures (i.e., walls, fences) that are used to separate uses from each other as required by this ZDO.
(2) When used in the context of required marsh buffers, a buffer is an area of land reserved adjacent to critical areas that serves to mitigate the effects of development. The buffer is intended to be left intact with existing vegetation or supplemented with approved native plant material.
BUILDING. A structure with a roof, intended for shelter, housing, or enclosure.
BUILDING COVERAGE. See LOT COVERAGE.
BUILDING ENVELOPE. The three-dimensional space within which a structure is permitted to be built on a lot and that is defined by maximum height regulations, and minimum yard setbacks or build-to lines, buffers, easements, or other applicable regulations.
BUILDING FOOTPRINT. The area of a lot or parcel of land included within the surrounding exterior walls or outermost projection of the roof of a building or portion of a building, exclusive of courtyards.
BUILDING LINE. A line establishing the minimum allowable distance between the nearest part of any building, excluding porches, bay windows, covered porches, decks, and patios, to the nearest edge of a street right-of-way, lot line, or easement.
BUILDING OFFICIAL. The Building Official, as designated by this ZDO.
BUILDING PERMIT. A permit issued by the Building Official in accordance with § 162.03-08, Building Permit.
BUILDING, PRINCIPAL. A building in which the principal use of the lot on which it is located is conducted.
CALIPER. A horticultural method of measuring the diameter of a tree trunk for the purpose of determining size. The caliper of the trunk is measured six inches above the ground for trees up to and including four inches in diameter, 12 inches above the ground for trees greater than four inches and up to ten inches in diameter, and at breast height (4 ½ feet) for trees ten inches or greater in diameter.
CERTIFICATE OF OCCUPANCY. A document issued by a the Building Official allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with this ZDO and all other applicable regulations.
CHANGE OF USE. The change in the use of a structure or land, for which a zoning permit is required. Change of use shall include a change from one use to another use in the list of permitted uses, and shall also include a change from one use to another use within any broad category of uses, such as from one use listed in the nonresidential use category to another use listed in the nonresidential use category, as herein defined.
CHARLESTON COUNTY. The County of Charleston, South Carolina.
CITY. The City of Folly Beach, South Carolina.
CITY ATTORNEY. The attorney for the City of Folly Beach, South Carolina.
CITY CODE OF ORDINANCES. The official Code of Ordinances for the City of Folly Beach adopted by the Folly Beach City Council.
CITY CLERK-TREASURER. The City Clerk for the City of Folly Beach, South Carolina.
CITY COUNCIL. The City Council of Folly Beach, South Carolina.
COASTAL COUNCIL. See DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL - OFFICE OF OCEAN COASTAL RESOURCE MANAGEMENT (DHEC-OCRM).
COASTAL ZONE MANAGEMENT ACT. A congressional act referenced in this ZDO that encourages states to develop coastal management plans.
COMMERCIAL PARKING. Any exchange of the use of a parking space on private parking for compensation whether long term or short term.
COMMERCIAL RECREATION, INDOOR. A private, indoor (entirely within enclosed structure) use providing for sport and recreation activities that are operated or carried on primarily for financial gain. Examples of indoor commercial recreation uses include, but are not limited to, fitness centers, bowling alleys, skating rinks, indoor commercial swimming pools, and racquet and tennis club facilities (indoor).
COMMERCIAL RECREATION, OUTDOOR. A private, outdoor use providing facilities for sport activities, which is operated or carried on primarily for financial gain, outdoors. Examples of outdoor commercial recreation uses include, but are not limited to, privately owned golf driving ranges, miniature golf facilities, outdoor commercial tourist attractions, and privately owned active sports facilities such as ballfields and basketball courts, racquet and tennis club facilities (outdoor), and drive-in theatres.
COMMON AREA. Used in reference to a conservation subdivision, a common area is a portion of a development that is not individually owned or dedicated for public use, but is intended for use by residents of the subdivision. Often common areas are reserved for recreation purposes including playgrounds or plazas.
COMMUNITY DETERMINED BFE. To be used when BFE is not determined on the FIRM. In AO Zones, flood depth is used as BFE. In zones without a BFE or flood depth established (usually Shaded Xand X Zones), BFE is Highest Adjacent Grade (HAG).
COMMUNITY OR NEIGHBORHOOD CENTER. A public building to be used as a place of meeting, recreation, or social activity and not operated for profit.
COMPREHENSIVE PLAN. The comprehensive plan adopted by the City Council. Also known as the Folly Beach Comprehensive Plan.
CONNECTIVITY. The relative degree of connection between streets, sidewalks, or other means of travel.
CONSERVATION SUBDIVISION. The division of a tract of land into three or more lots, building sites, or other divisions along with additional land area set aside as open space for conservation or recreation purposes in accordance with § 167.02, Conservation Subdivision.
CONSTRUCTION PLAN. The maps or drawings accompanying a preliminary subdivision plat and showing the specific location and design of public or infrastructure improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission as a condition of the approval of the plat.
CONTIGUOUS. Lots or areas sharing an edge or common boundary.
COVENANT. A formal agreement between two or more private parties that is not enforced by the city.
CONVENTION FACILITY. A facility designed to accommodate less than 500 persons and used for conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including temporary outdoor displays, food and beverage preparation, and service for on-premise consumption.
COUNTY. Charleston County, South Carolina.
CRITICAL AREA. Sensitive natural areas demarcated on the official zoning map that include coastal waters, tidal areas, and beach/dune systems where the South Carolina DHEC-OCRM has permitting authority over new development.
CRITICAL ROOT ZONE. An underground area extending laterally in all four cardinal directions from the base of a tree's trunk to a distance the greater of one-and-one-half times the perimeter of the tree's dripline, or a distance of nine inches in radius from the trunk for each inch of trunk diameter at breast height.
CROSS-ACCESS. Vehicular access provided between the vehicular use areas of two or more development sites or parcels of land intended to allow travel between the sites without the use of a public or private street.
DAY CARE. A place where daytime care, supervision, and protection is provided to three or more children or adults who are not the legal wards or foster children of the attendant adult within an occupied residence.
DAY CARE, FAMILY DAYCARE HOME. A home in which care is given in a family during the day only for no more than seven children, including residents.
DAY CARE, GROUP DAYCARE HOME. A home in which care is given in a family during the day only for no more than 15 children, including residents.
DENSITY. The total number of dwelling units on the entire area of a tract or lot divided by the lot acreage.
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (DHEC). A division in the State of South Carolina responsible for protecting public and environmental health.
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL - OFFICE OF OCEAN COASTAL RESOURCE MANAGEMENT (DHEC-OCRM). See OCEAN AND COASTAL RESOURCE MANAGEMENT (OCRM).
DESIGN FLOOD ELEVATION. Base flood elevation plus freeboard requirement, or community determined base flood elevation plus freeboard requirement.
DESIGN REVIEW BOARD (DRB). The Design Review Board, as designated by this ZDO.
DEVELOPER.
(1) The owner of land proposed to be subdivided or its representative who is responsible for any undertaking that requires review or approval under these regulations.
(2) Any person undertaking any development as defined by this ZDO.
DEVELOPMENT. The construction, reconstruction, remodeling, conversion, structural alteration, relocation, enlargement, or demolition of any structure, portion of a structure, or sign; any change in use in land, building, or structure, or material change in the appearance of any structure; any increase in the number of dwelling units, businesses, manufacturing establishments, or offices; any mining, excavation, filling, grading, paving, or land disturbance; and any act of subdivision of land.
DEVELOPMENT AGREEMENT. A permit reviewed and approved, approved with conditions, or denied by the City Council in accordance with § 162.04, Development Agreements.
DEVELOPMENT PERMIT. For the purposes of § 162.04, Development Agreements, includes a building permit, zoning permit, preliminary or final subdivision plat approval, amendment to the official zoning map, variance permits (subdivisions or zoning), or any other official action of the city having the effect of permitting the development of land.
DEVELOPMENT REVIEW COMMITTEE. The Development Review Committee, as designated by this ZDO.
DHEC. See DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (DHEC).
DIAMETER BREAST HEIGHT (DBH). The measurement of the diameter of a tree trunk over ten inches in diameter taken at a height of four-and-one-half feet above the ground. Trees with multiple trunks should be treated as multiple trees and the DBH for each trunk added to aggregate diameter measurement.
DIRECTOR OF PUBLIC SAFETY. The Director of Public Safety for the City of Folly Beach, South Carolina.
DIRECTOR OF PUBLIC WORKS. The Director of the Public Works for the City of Folly Beach, South Carolina.
DISTRICT. An area delineated on the official zoning map which sets forth standards and guidelines for all development within the prescribed district.
DOCK. A structure normally connected to the shoreline into a navigable body of water which is used as a landing place for vessels.
DOCK, COMMUNITY. A boat docking facility that is used by members of the general public for docking or mooring ten or fewer vessels, and does not provide fueling, pump-out, or maintenance repair services.
DOCK, PRIVATE. A dock under private ownership not intended for use by members of the general public.
DOCK, PUBLIC. A dock, under public or private ownership, available for use by members of the general public.
DRIP LINE. A vertical line that extends from the outermost branches of a tree's canopy to the ground around the circumference of the tree.
DWELLING, ACCESSORY. A secondary dwelling unit established in conjunction with and clearly subordinate to a principal dwelling unit, whether part of the same structure as the principal dwelling unit, or as a detached structure on the same lot.
DWELLING, MULTI-FAMILY. A building or portion thereof used or designed as a residence for three or more families living independently of each other and doing their cooking therein.
DWELLING, SINGLE-FAMILY. A building arranged or designed to be occupied by one family in a manner that cannot be physically separated into multiple dwelling units.
DWELLING, TWO-FAMILY. A building arranged or designed to be occupied by two families living independently of each other.
DWELLING UNIT. A building, or portion thereof, providing complete and permanent living facilities for one family including a complete kitchen.
DUNE. The sandy, vegetated hills that border beachfront.
EASEMENT. A grant by a landowner to another landowner or to the public, for the right to occupy or use designated land for specific purposes, such as access, drainage, conservation, the location of public improvements, or other specified purpose. An easement does not constitute fee simple ownership of the land.
ELECTRONIC MESSAGE BOARD. Any sign that uses changing lights or electronic or digital display to form a changing sign message wherein the message or sequence of messages and the rate of change can be modified by electronic processes.
EMERGENCY COMMUNICATION TOWER. A communications tower, antenna, or other similar facility owned or operated by a public entity or agency for the sole purpose of public safety or communication.
ENCROACHMENT. Any portion of a structure or appurtenance extending beyond a designated zoning setback, easement, property line, required yard, or public right-of-way.
ENGINEERED STORMWATER CONTROLS. The system of inlets, conduits, channels, ditches, and appurtenances that serve to collect and convey stormwater through and from a given drainage area.
ESTABLISHED GRADE. Established grade is the finished grade following grading, excavation, or other land-disturbing activity.
EXISTING DEVELOPMENT. Structures, buildings, site specific plan or other projects that are completely built or have established a common law vested right as of the effective date of this ZDO.
EXISTING GRADE. Existing grade is the natural grade of the land that precedes grading, excavation, or other land-disturbing activity.
FACADE. The exterior wall of a building. Facades may be on the front, side, or rear elevation of the building.
FAMILY. An individual, or two or more persons related by blood, marriage, or adoption living together as a single housekeeping unit; or a group of not more than five persons not related by blood, marriage, or adoption living together as a single housekeeping unit, as in a group home.
FEE-IN-LIEU. Cash payments that may be required of an owner or developer as a substitute for a dedication or set-aside of land.
FENCE. A structure used to delineate a boundary or act as a barrier or means of protection, confinement, or screening.
FINAL SUBDIVISION PLAT. See SUBDIVISION PLAT, FINAL.
FLOOD HAZARD AREA. Areas subject to a higher risk of flooding than other areas outside the flood hazard area, as depicted on the federal Flood Insurance Rate Map (FIRM).
FLOODPLAIN. Areas including and contiguous with lakes, streams, other bodies of water, as well as inland depressional areas whose elevation is equal to or lower than the projected 100-year flood elevation.
FLOOR. The top surface of an enclosed area in a building (including the basement) such as the top of the slab in concrete slab construction or the top of the wood flooring in wood frame construction.
FLOOR AREA. The sum of the gross horizontal areas of each floor of the principal building and any accessory buildings or structures, measured from the exterior walls or from the center line of party walls. The term does not include any area used exclusively for the surface parking of motor vehicles or for building or equipment access, such as stairs, elevator shafts, and maintenance crawl space.
FOLLY BEACH BUILDING CODE. The City of Folly Beach's Building Code, as referenced in this ZDO.
FOOTCANDLE. The amount of light that falls onto a surface as emitted by an exterior lighting device.
FORMULA BUSINESS. A business with ten or more outlets anywhere in the world; and with standardized services, such as merchandise, trademark, logo, uniforms, décor, and the like.
FRATERNAL ORGANIZATION. A facility used to house a non-profit social or recreational league which is used exclusively by members and their guests.
FRONTAGE. The side of a lot abutting a street and ordinarily regarded as the "front" of a lot.
GENUS. The scientific name assigned that, along with its species name, designates a particular living organism.
GLARE. The reflection or harsh, bright light and the physical effect resulting from high luminance or insufficiently shielded light sources to cause annoyance, discomfort, or loss in visual performance and visibility.
GOVERNMENT FACILITIES. An office or other facility of a governmental agency that provides administrative or direct services to the public, such as, but not limited to, employment offices, public assistance offices, motor vehicle licensing and registration services, maintenance and repair centers, equipment, or outdoor storage yards.
GRADE. Grade means the level of the finished ground surface immediately adjacent to the exterior walls of a building.
GRADE, STREET. The height of the top of the curb, or if no curb exists, the height of the edge of pavement in the lane of travel.
GRADING. Excavating, filling (including hydraulic fill) or stockpiling of earth material, or any combination thereof, including the land in its excavated or filled condition.
GRADING PERMIT. A permit issued by the Director of Public Works in accordance with § 162.03-09, Grading Permit.
GREATER STREET SYSTEM. The network of all existing public streets within the city.
GRID PATTERN. The rectangular or square land use pattern made up of city streets and blocks intersecting at right angles.
GROSS FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, excluding attic areas with a headroom of less than seven feet, unenclosed stairs or fire escapes, elevator structures, cooling towers, areas devoted to air conditioning, ventilating or heating or other building machinery and equipment, parking structures and basement space where the ceiling is not more than 48 inches above the general finished and graded level of the adjacent part of the lot.
HEARING OFFICER. The Hearing Officer, as designated by this ZDO.
HEIGHT. The distance from the top of the first living floor surface to the highest point of a structure.
HIGH GROUND. The contiguous buildable portions of a lot located outside of DHEC-OCRM critical areas, wetlands, marsh, dune setbacks, and other resource protection areas.
HIGHWAY. A controlled access highway that is part of the federal interstate highway or statewide uniform highway system.
HOME OCCUPATION. A business, profession, occupation, or trade which is conducted within a residential dwelling unit for the economic gain or support of a resident of the dwelling, and is incidental and secondary to the residential use of the lot and which does not adversely or perceptively affect the character of the lot or surrounding area. HOME OCCUPATION includes but is not limited to: offices; electronic and offsite retail; personal services such as physical therapy by licensed individuals, beauty parlors, pet grooming, and the like. HOME OCCUPATION does not include such businesses as: automotive repair and the like; dentists or
physician's offices and the like; any licensed or unlicensed practitioner who performs invasive procedures (acupuncture, tattooing, body piercing, and the like); restaurants, bars, social clubs and the like; animal kennels or hospitals and the like; or any other business which is clearly inappropriate or out of character for a residential area such that its location constitutes an adverse impact on neighboring residential properties.
HOMEOWNERS ASSOCIATION. An association or organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions, through which each owner of a portion of the development is automatically a member and is subject to a charge or assessment for a pro-rated share of expenses of the association which may become a lien against a lot, parcel, unit, condominium or other interest.
HOTEL, MOTEL AND INN. Hotel, motel and inn are to be considered synonymous uses. A hotel, motel or inn means a building or a group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental for temporary occupancy by persons on an overnight basis, not including bed and breakfast establishments or a rooming house. Such uses may include microwaves and refrigerators for each guest unit.
HUE. The visible color emitted from an artificial source of exterior lighting.
ILLUMINATING ENGINEERING SOCIETY OF AMERICA. As referenced in this ZDO, the Illuminating Engineering Society of America, an organization charged with setting illumination standards.
IMPERVIOUS SURFACE. Buildings, parking areas, driveways, streets, sidewalks, areas of concrete, asphalt, gravel, or other compacted aggregate, and areas covered by the outdoor storage of goods or materials which do not absorb water.
IMPROVEMENT. Any building, structure, bridge, work of art, area, parking facility, public facility, fence, gate, wall, landscaping, or other object, or any part thereof, constituting physical addition to real property.
INSTITUTE OF TRAFFIC ENGINEERS. As referenced in this ZDO, the Institute of Traffic Engineers, an organization charged with setting transportation standards.
INFILL DEVELOPMENT. The development of new structures or redevelopment of existing structures on a lot located in a portion of the city that is already developed.
INTERPRETATION. A decision made in writing by the Zoning Administrator in accordance with the standards in § 162.03-14, Interpretation.
KITCHEN. An area within a structure that is used or designed to be used for the preparation or cooking of food and contains a sink, refrigeration unit, and cooking unit.
LAND. The earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.
LAND-DISTURBING ACTIVITY. Any use of the land by any person for development that results in a change in the natural cover or topography and that may cause or contribute to loss of vegetation, accelerated erosion, or sedimentation.
LANDSCAPE PLAN. A plan or other proposal prepared in accordance with § 166.02-03(A), Landscape Plan, that demonstrates how landscaping will be applied on a developed site.
LANDSCAPE STRIP, PERIMETER. Vegetative material associated with the perimeter landscaping required for a vehicular use area.
LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles, and not considered as part of the minimum required off-street surface parking.
LOT. A parcel of land intended as a unit for transfer of ownership or for building development or both.
LOT, FLAG. A lot that abuts or gains access to a street through a narrow portion which does not meet the minimum frontage or lot width requirements for the zoning district where it is located.
LOT, VACANT. A lawfully-established lot of record without a building or structure.
LOT AREA, MINIMUM. The minimum amount of land area, measured horizontally, included within the lines of a lot as required by this ZDO. Lands located within any private easements shall be included within the lot size.
LOT COVERAGE. Lot coverage is a measure of intensity of a use of land that represents the portion of a site that is covered by impervious surfaces. This portion includes, but is not limited to areas covered by structures (including decks), parked structures, driveways, streets, sidewalks, and any other areas covered by an impervious surface material, including areas of outdoor storage.
LOT LINE, FRONT. The front lot line is the line connecting the two side lot lines along the edge of the lot adjacent to the right-of-way of the street that provides the lot's street address (also referred to as the LOT FRONTAGE).
LOT OF RECORD. A lot that is part of a subdivision recorded in the office of the Register of Mesne Conveyance, or a lot described by metes and bounds, the description of which has been recorded in the office of the Register of Mesne Conveyance prior to March 23, 2010.
MAJOR UTILITY. See UTILITY, MAJOR.
MARKET VALUE. The estimated amount for which real property should exchange on the date of valuation between a willing buyer and a willing seller in an arms-length transaction after proper marketing wherein the parties had each acted knowledgeably, prudently, and without compulsion.
MARINA. A facility for the docking, mooring, berthing, or storage of watercraft. Such uses may include a wide variety of accessory uses such as retail sales, personal services, laundries, boot repair and rental.
MARSH. A low-lying wetland defined by its unique vegetation, hydrology, and soil characteristics.
MAXIMUM EXTENT PRACTICABLE. No feasible or practical alternative exists, as determined by the Zoning Administrator or other city official, and all possible efforts to comply with the standards or regulation or minimize potential harmful or adverse impacts have been undertaken by an applicant. Economic considerations may be taken into account but shall not be the overriding factor determining MAXIMUM EXTENT PRACTICABLE.
MAXIMUM FIRE RATED CAPACITY. The maximum allowable occupancy of a structure based on fire codes.
MAYOR. The Mayor of the City of Folly Beach, South Carolina.
MEDICAL TREATMENT FACILITY. An establishment where patients are admitted for examination and treatment by one or more physicians, dentists, or psychologists, and where patients may or may not be lodged overnight.
MINOR SUBDIVISION PLAT. See SUBDIVISION PLAT, MINOR.
MINOR UTILITY. See UTILITY, MINOR.
MONOPOLE TOWER. An antenna-supporting structure typically composed of a single steel shaft with one or more platforms intended for mounting antennas or other communications equipment.
NATURAL HAZARD AREA. Undeveloped areas that because of their topography, soil conditions, hydrology, vegetation, or other natural features, are considered at risk and undesirable for development. Natural hazard areas include floodplains, dunes, and steep slopes.
NONCOMMERCIAL HORTICULTURE. The maintenance or growth of plants for personal use. Noncommercial horticulture uses include but are not limited to gardening or landscaping.
NONCONFORMING LOT OF RECORD. A lot of record that was legally established before the effective date of this ZDO or the subsequent amendment thereof, but that does not comply with the lot area standards in Chapter 165: Dimensional Standards, that applies in the zoning district in which the lot of record is located.
NONCONFORMING SIGN. A sign or sign structure, legally developed before the effective date of this ZDO, or any amendment thereto, that does not comply with the standards in § 166.08, Sign Standards.
NONCONFORMING STRUCTURE. A structure or portion thereof, not including signs, legally developed before the effective date of this ZDO, or any amendment thereto, that does not comply with the dimensional standards in Chapter 165: Dimensional Standards, that apply in the zoning district in which the structure is located.
NONCONFORMING USE. The legal use of a structure or premises before the effective date of this ZDO, or any amendment thereto, that does not comply with the use standards of this ZDO.
NONCONFORMITY. A nonconforming use, structure, lot of record, or sign.
OCEAN AND COASTAL RESOURCE MANAGEMENT (OCRM). A division of the South Carolina Department of Health and Environmental Control that manages the state's coastal resources including beaches and dunes.
OFFICIAL ZONING MAP. The official map depicting the various zoning district classifications set out in Chapter 163: Zoning Districts.
OFFICE. A room, or group of rooms typically within a single structure used for conducting the affairs of one or several business or professional establishment such as offices for retail and wholesale establishments, offices for lawyers, accountants, engineers, architects, doctors, dentists, banking services, investment banking, stock brokerage, investment services, credit card services, and similar activities.
OPACITY. A measurement indicating the degree of obscuration of light or visibility.
OPEN SPACE. Space suitable for passive recreation, gardens or landscaping which may include areas left in their natural state, trails, ponds, stream banks, recreation areas, areas of excessive slopes, low-lying areas, environmentally-sensitive areas, and required landscaping areas. Such space must be free of automobile traffic and parking, and be readily accessible to all those for whom it is required. Marsh lands or other areas beyond the DHEC OCRM critical line shall not be considered as open space for the purposes of compliance with § 166.03, Open Space Standards.
OPEN SPACE SET-ASIDE. Portion of a proposed development required for reservation as permanent open space by § 166.03, Open Space Standards.
OUTDOOR DISPLAY/SALES. The placement of products or materials for sale outside the entrance of a retail or wholesale sales establishment.
OUTDOOR RETAILERS. Any business that rents, leases, or sells products (including food products) to the public at a location in Folly Beach other than in a permanent building or without a permanent location in the city. OUTDOOR RETAILERS include businesses that conduct business primarily from vehicles of any description, trailers, storage units, mobile units, carts, stands, booths, tables, tents, or open spaces (for example, golf cart and bicycle rentals). This excludes businesses with a city franchise, which are governed by Chapter 118.
OUTDOOR STORAGE. The keeping, in an unroofed area of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours. This shall not include the display of vehicles for sale in a new or used car sales lot. Such activities may be the principal use of the land where located or as an accessory use to another principal use.
OVERLAY DISTRICT. A zoning district that includes supplementary or replacement regulations to the requirements of the underlying, base zoning district.
PARK, PUBLIC. City-maintained land used for recreation, exercise, sports, education, rehabilitation, or similar activities, or a land area intended to enhance the enjoyment of natural features or natural beauty, specifically excluding commercially operated amusement parks.
PARKING, OFF-SITE. An off-street parking area provided on a different parcel than the use it is intended to serve.
PARKING, ON STREET. A location or area within the right-of-way of a public or private street that is reserved for the parking of vehicles. Such areas may or may not be formally designated with signage, striping, or parking meters.
PARKING, SHARED. Off-street parking facilities shared by two or more uses that are in close proximity to one another and the parking area, and that have different operational characteristics such that use of the parking facilities by one use will not generally overlap with the use of the parking area by the other use(s).
PARKING, TANDEM. A parking space within a group of two or more parking spaces arranged one behind the other.
PARKING BAY. The parking module consisting of one or two rows of parking spaces or stalls and the aisle from which motor vehicles enter and leave the spaces.
PARKING DEMAND STUDY. An analysis of the total number of parking spaces required in order to accommodate the maximum number of vehicles for parking purposes by a particular use or site at any given time, including the parking requirements for all employees, occupants, clients, and visitors.
PARKING LOT. The portion of a site or development dedicated to vehicular ingress and egress, off-street parking, parking aisles, internal travel ways, fire lanes, and other areas dedicated to vehicular use, but not necessarily including vehicular storage areas. The portion of a site or development dedicated to vehicular ingress and egress, off-street parking, parking aisles, internal travel ways, fire lanes, and other areas dedicated to vehicular use, but not necessarily including vehicular storage areas.
PARKING LOT, MUNICIPAL. A parking lot that is maintained by the city and that typically serves public uses.
PARKING LOT, PRIVATE. A parking lot that is maintained by a private entity and that typically serves private uses.
PARKING LOT DRIVE AISLE. A vehicular accessway located within an off-street parking or vehicular use area which serves individual parking stalls and driveways.
PARKING SPACE, ACCESSIBLE. A space designated for the parking or temporary storage of one motor vehicle in addition to the space necessary for the ingress and egress from the vehicle by a disabled person and any equipment needed for that purpose.
PARKING SPACE, OFF-STREET. A space that is designated for the parking or temporary storage of one motor vehicle located outside of a dedicated street right-of-way, vehicular travel way, or parking aisle.
PARKING STRUCTURE. A structure designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of a building. This definition includes parking garages and deck parking.
PASSIVE RECREATION. Recreational activities that generally do not require a developed site. This may include activities such as hiking, horseback riding, and picnicking.
PEAK RATE OF DISCHARGE. A stormwater modeling term that describes the highest volume over time of runoff from a storm event.
PERFORMANCE GUARANTEE. A financial deposit to ensure that all improvements, facilities, or work required will be completed in conformance with the approved plan.
PERMANENT BUILDING. A building that has solid walls, a roof, doors, windows, and a permanent foundation.
PERSON.
(1) For the purposes of enforcing this ZDO in accordance with Chapter 169: Enforcement,
PERSON includes any individual, corporation, government agency, government official, business trust, partnership, two
or more persons having a joint interest, or any other legal entity. Persons subject to the remedies and penalties established in Chapter 169: Enforcement, for violating this ZDO shall include: an architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this ZDO; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the land on which the violation occurs.
(2) For all other purposes,
PERSON means any individual, corporation, government agency, business trust, partnership, two or more persons having a joint interest, or any other legal entity.
PIER. A raised walkway that protrudes into a navigable waterway for recreational purposes such as fishing or sunbathing.
PIER, PRIVATE. A pier under private ownership not intended for use by members of the general public.
PIER, PUBLIC. A pier, under public or private ownership, made available for use by members of the general public.
PLANNED DEVELOPMENT. Development approval issued by the City Council in accordance with § 162.03-02, Planned Development.
PLANNED DEVELOPMENT DISTRICT. Land that is planned and developed as an integral unit in accordance with a master plan and flexible development standards that illustrate and address land uses, circulation, utilities, parking, setbacks, housing densities, land coverage, landscaping and buffers, open space, and similar features of the project. (See § 163.04, Planned Development District)
PLANNING COMMISSION. The Planning Commission of the City of Folly Beach, as established by this ZDO.
PLANTING STRIP. Areas intended for the placement of vegetation within the interior of vehicular use areas or along street right-of-way edges, typically between the back of the curb and the inside edge of the sidewalk.
POOL HALL. A retail facility where food and alcoholic beverages are served that features billiards.
PRELIMINARY SUBDIVISION PLAT. See SUBDIVISION PLAT, PRELIMINARY.
PREMATURE DEVELOPMENT. Urban-type development that is proposed to be located in rural, low-density areas that are not served or that are underserved by public facilities and services.
PRINCIPAL USE. The primary or principal use on a lot.
PRIVATE CLUB. A building and related facilities owned or operated by a corporation, association, or group of individuals established for fraternal, social, educational, recreational or cultural enrichment of its members and not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues.
PUBLIC FACILITIES. For the purposes of § 162.04, Development Agreements, major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities.
PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, sidewalk or other facility for which the local government may ultimately assume responsibility for maintenance and operation, or which may effect an improvement for which local government responsibility is established.
PUBLIC PARK/RECREATIONAL FACILITY. See PARK, PUBLIC.
PUBLIC WORKS DIRECTOR. See DIRECTOR OF PUBLIC WORKS.
"R" TYPE INTERSECTION. An intersection formed by three roads that is similar in shape to the letter 'r' such that two of the roads meet and form an angle greater than 90 degrees, and the third intersection is less than 90 degrees.
REGISTER OF MESNE CONVEYANCE. The duly designated register of titles, deeds, and other recorded information for Charleston County, South Carolina.
RELIGIOUS OR CIVIC INSTITUTION. A structure or place in which worship, ceremonies, rituals, civic activities, and education are held, together with its accessory buildings and uses (including buildings used for educational and recreational activities), operated, maintained, and controlled under the direction of a religious group. Religious institutions include churches, mosques, synagogues, and temples. Accessory uses may include school facilities, parking, caretaker's housing, dining facilities, recreational facilities, pastor's housing, and group living facilities.
RESIDENTIAL UNIT OVER NONRESIDENTIAL USE. A use type that features one or more residential dwelling units located within the same principal building with ground-floor nonresidential uses (typically consisting of retail).
RESTAURANT. An establishment where provision is made on the premises for the selling, dispensing, or serving of food, refreshments, or beverages to persons seated inside or outside.
RETAIL USE, TYPE I. Commercial enterprises of up to 2,500 square feet in size or smaller that provide goods or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. Generally, such uses are intended to serve the general area or neighborhood in which they are located. Examples of Type I retail uses include financial institutions; laundry and dry-cleaning drop-off establishments; photographic and artist studios; mailing or packing services; retail bakeries; hair, tanning, and nail salons; personal care services; massage therapy and day spas; dance or music classes; stores selling books, clothing, and dry goods; taxidermists; income tax return preparers; repair of TVs, bicycles, clocks, watches, shoes, guns, canvas products, appliances and office equipment; tailoring and shoe repair; and locksmith. Any Type I retail use exceeding 2,500 square feet in size is classified as a Type II retail use.
RETAIL USE, TYPE II. Commercial enterprises that provide goods or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.
Generally, such uses are located near neighborhood edges and along major streets, and intended to serve groups of neighborhoods. Examples of Type II retail uses include stores selling, leasing, or renting consumer, home and business goods, whether new or used, including alcohol for off-site consumption, art, art supplies, electronic equipment, fabric, furniture, flowers, groceries and food sales, household products, jewelry, recorded music, pets, pet food, pharmaceuticals, plants, printer material, stationary, and videos; photocopy and blueprint services; psychics and mediums; funeral homes and mortuaries. Any Type I retail use exceeding 2,500 square feet in size is classified as a Type II retail use.
RETAIL USE, TYPE III. Commercial enterprises that provide goods or services directly to the consumer located along major thoroughfares and in primarily nonresidential areas. These types of retail uses generally provide a range of goods and services that are regional in scale, and have the highest square footage and intensities of the retail use types, are auto-oriented, and often include some form of outdoor storage or display. Examples include shopping centers with more than three tenants; home improvement, hardware, and garden supply stores; building material sales; rental equipment yards; and machinery sales.
RETAIL WITH GASOLINE SALES. Commercial enterprises comprised of a 24-hour or convenience-type retail facility with on-site retail gasoline sales.
RIGHT-OF-WAY. The land dedicated, deeded, used, or to be used for a street, road, alley, pedestrian way, crosswalk, bikeway, drainage facility, or other public uses, wherein the owner gives up rights to the land so long as it is being or will be used for the intended purpose. RIGHT-OF-WAY also is a land measurement term, meaning the distance between lot property lines which generally contain not only the street pavement, but also the sidewalk, grass area, and underground or aboveground utilities.
RIPARIAN AREAS. Areas inundated by water on a regular, semi-regular, or intermittent basis as well as lands immediately adjacent to these areas.
ROOF, GABLE. A roof sloping downward in two parts at on angle from a central ridge, so as to leave a gable at each end.
ROOF, HIP. A roof with sloping ends and sides that meet at an inclined projecting angle.
ROOF, MANSARD. A four-sided roof having a double slope on each of the four sides, with the lower slope much steeper than the upper.
ROOF, MONOPITCH. A roof with a single pitch (also referred to as a SHED ROOF).
ROOF, PITCHED. A shed, gabled, or hipped roof having a slope or pitch of at least one-foot rise for each four feet of horizontal distance in the direction of the slope or pitch of the roof.
ROOF LINE. The highest point of a flat roof and mansard roof and the lowest point of a pitched roof excluding any cupolas, chimneys or other minor projection.
ROOMING HOUSE. Any building or portion thereof for providing lodging, but not meals, to not more than five guests where rent is paid to the owner or proprietor.
SATELLITE ANTENNA DISH. A round or parabolic antenna and its supporting structure for the purposes of sending and/or receiving radio or electromagnetic signals.
SCHOOL. A public or private school offering general, technical, or alternative instruction at the pre-school, elementary, middle, and/or secondary school levels which operates in buildings or on premises of any tract size leased or owned by the educational institution for administrative purposes, classrooms, vocational training (including that of an industrial nature for instructional purposes only), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities which further the education mission of the institution. Public schools are open for enrollment to members of the general public. Private schools are not open to members of the general public, and typically require payment of tuition.
SELF- STORAGE. A building divided into sections for use for storage of items, either temporary or long-term, and not to be used for any other purpose (such as small offices, garages, etc.).
SETBACK. The shortest horizontal distance from the property line or right-of-way to the nearest point (leading edge) of the structure or its supporting member whichever is nearest to the property line or right-of-way.
SEVERE PRUNING. The pruning, cutting, or otherwise damaging of the natural form of a tree or shrub, whether existing or planted, such that a significant or noticeable portion of the crown system is removed (i.e., 25% of the crown removed from a tree, or the continued cutting/trimming of trees previously pruned illegally, or pruning of trees that must grow naturally to meet the landscaping requirements), or if more than one-third of the overall circumference of a tree is exposed by pruning cuts.
SHOEBOX STYLE LIGHTING FIXTURE. An exterior lighting device in the shape of a box that is typically mounted on a pole and constructed to direct illumination to a constrained area directly beneath the lighting fixture.
SHOPPING CENTER. A building or group of buildings, either freestanding or connected, under unified or multiple ownership, that contains three or more tenants engaged primarily in the provision of retail goods and services, along with common parking, pedestrian circulation, and shared ingress and egress.
SHRUB. A woody plant, smaller than a tree, consisting of several small stems emerging from the ground, or small branches near the ground. Shrubs may be deciduous or evergreen.
SIGHT DISTANCE TRIANGLE. The triangular area computed based on the visibility at an intersection, within which no sign may interfere with visibility (assuming eye level at three-and-one-half feet to six feet from a distance of 15 feet from the edge of the pavement).
SIGHT TRIANGLE. The triangular area formed by a diagonal line connecting two points located on intersecting right-of-way lines (or a right-of-way line and the curb or a driveway).
SIGN. Any object, device, display, structure, or part thereof, situated outdoors that is used to advertise, identify, display, direct or attract attention to an object, person, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. The following are not considered SIGNS: the flag or emblem of any nation, organization of nations, state, city, religious, fraternal (i.e., clubs or associations), civic or other public or semipublic body; merchandise and pictures or models of products or services incorporated in a window display; works of art which in no way identify a product; buildings constructed to generally resemble a product; and wraps, magnets, decals, and other signage on vehicles which are parked in compliance with Section 72.10 Prohibited Activities.
SIGN, COMMERCIAL. Any signs providing commercial or contact information of any sort including, but not limited to, business name, website or domain name, email address, physical address other than the property itself, or telephone number.
SIGN, DIRECTIONAL. A sign used to guide vehicular and/or pedestrian traffic by using such words as "entrance," "exit," "parking," "one-way," or similar directional instructions, but not including any advertising message except logos.
SIGN, DIRECTORY. A ground or building sign that lists tenants or occupants of a building or development project, with unit numbers, arrows, or other directional information.
SIGN, FLASHING OR ANIMATED. Any sign, which, by method or manner of illumination, flashes on or off, winks, or blinks with varying light intensity, shows motion or animation, or creates the illusion of motion.
SIGN, FREESTANDING. A self-supporting sign resting on, or supported by means of poles, standards, or any other type of base on the ground.
SIGN, NONCOMMERCIAL. Any sign that does not: solicit business; advertise products or services, including home occupations, non-profits, or donation or tip-based enterprises; provide business or commercial contact information of any sort; explicitly or implicitly indicate that a commercial enterprise is being conducted on the property; or explicitly or implicitly indicate that the property is available for rent, including, but not limited to, a business name, real estate company or agency name, rental agency name, including on-line rental websites, website or domain name, email address, physical address other than the property itself, or telephone number. Examples of NON-COMMERCIAL SIGNS include the resident's family names; the resident's address; street numbers; school or sports logos or names; spiritual, inspirational, social, or political statements; and house names that do not provide contact information or imply availability as a rental property.
SIGN, PROJECTING. Any sign other than a wall sign that is attached to and projects from the wall or face of a structure more than 24 inches.
SIGN, REAL ESTATE. A sign advertising real property for sale or lease.
SIGN, ROOF. A sign that is placed above or supported on the top of a building.
SIGN, TEMPORARY. A sign or advertising display designed to be displayed for a short period of time (30 consecutive days, maximum; six months between occurrences). Included in this category are banners and retailers' signs temporarily displayed for the purpose of informing the public of a sale or "special" offer.
SIGN, WALL. A sign mounted parallel to or painted on a building facade or other vertical building surface that does not project more than 24 inches from the wall surface.
SIGN HEIGHT. The vertical distance as measured at the highest point of the sign to the elevation of the principal grade of the road or street to which the sign is oriented.
SIGN PERMIT. A permit issued by the Building Official or the Design Review Board in accordance with § 162.03-11, Sign Permit.
SIGN SUPPORT STRUCTURE. For freestanding signs, the poles or bracing to which the sign is attached or mounted.
SIGNIFICANT VEGETATION. Existing healthy self-supporting vegetation on a parcel or site which is composed of canopy trees with a diameter of ten inches or greater and understory trees with a trunk caliper of four inches or greater. SIGNIFICANT VEGETATION does not include vines, non-woody vegetation, damaged, diseased, or nuisance trees.
SITE LANDSCAPING. Required vegetative material consisting of trees and shrubs that are placed on a development site to soften built edges and provide transitions.
SITE PLAN. A permit issued by the Zoning Administrator or the Design Review Board in accordance with § 162.03-06, Site Plan.
SOUTH CAROLINA CODE OF LAWS. The official code of laws for South Carolina adopted by the South Carolina Legislature.
SOUTH CAROLINA FORESTRY COMMISSION. The state agency charged with forest management and related activities.
SPECIAL EXCEPTION PERMIT. A permit issued by the Board of Zoning Appeals in accordance with § 162.03-03, Special Exception Permit.
STATE. The State of South Carolina.
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION. As referenced in this ZDO, the State Department of Highways and Transportation, an organization charged with state transportation planning.
STORMWATER. The direct runoff response of a watershed to rainfall including the surface and subsurface runoff and any associated material that enters a ditch, stream, or storm sewer during a rainfall event.
STORMWATER MANAGEMENT.
(1) Quantitative control, a system of vegetative or structural measures, or both, that control the increased volume and rate of stormwater runoff caused by manmade changes to the land; or
(2) Qualitative control, a system of vegetative, structural, or other measures that reduce or eliminate pollutants that might otherwise be carried by stormwater runoff.
STORMWATER MANAGEMENT DEVICE. The system of inlets, conduits, channels, ditches, and appurtenances that serve to collect and convey stormwater through and from a given drainage area.
STORMWATER MANAGEMENT PLAN. A plan or other proposal prepared in accordance with § 166.04-05, Stormwater Management, that demonstrates how stormwater management devices will be applied on a developed site.
STORMWATER RUNOFF. Direct response of a watershed to precipitation and includes the surface and subsurface runoff that enters a ditch, stream, storm sewer or other concentrated flow during and following the precipitation.
STREET, ARTERIAL. A street designed and intended for use by large volumes of through traffic, receives traffic flow from collector and local streets, allows for major movement between areas of the city and usually has heavy traffic moving at relatively high speeds.
STREET, COLLECTOR. A street which carries traffic from local streets to the arterial system, consists of principal entrance streets for residential, nonresidential, and mixed-use developments and provides for major circulation within the developments.
STREET, CUL-DE-SAC. A local street with only one outlet that terminates in a vehicular turnaround.
STREET GRADE. See GRADE, STREET.
STREET JOG (STREET OFFSET). An offset of two or more streets at their intersection where the centerlines of at least two of the street segments are not in alignment with one another on opposing sides of the intersection.
STREET STUB. A nonpermanent dead end street intended to be extended in conjunction with development on adjacent lots or sites.
STREET VISTA. A distant view, especially one seen through an opening, as between rows of buildings or trees, or at the terminus of streets. Examples of buildings that traditionally terminate street vistas are schools, churches, and government buildings.
STRUCTURE. Anything that is developed with a fixed location on the ground, or attached to something having a fixed location on the ground. Structures include, but are not limited to walls, buildings, fences, signs, and swimming pools.
SUBDIVIDER.
(1) Any person who, having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who directly or indirectly, sells, leases or develops, or offers to sell, lease or develop, or who engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or development a subdivision or any interest, lot, parcel site, unit or plat in a subdivision, and who is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing.
(2) A person who undertakes the subdivision of land as defined in this ZDO.
SUBDIVISION. All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, lease, or building development. Subdivisions include:
(1) All division of land involving a new street or change in existing streets;
(2) Re-subdivision which would involve the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law;
(3) The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law; and
(4) Combinations of lots of record.
SUBDIVISION PLAT, FINAL. A type of subdivision approval reviewed and approved, approved with conditions, or denied by the Planning Commission in accordance with § 162.03-07(D)(9), Final Subdivision Plat.
SUBDIVISION PLAT, MINOR. A type of subdivision approval reviewed and approved, approved with conditions, or denied by the Zoning Administrator in accordance with § 162.03-07(C), Minor Subdivision Plat.
SUBDIVISION PLAT, PRELIMINARY. A type of subdivision approval reviewed and approved, approved with conditions, or denied by the Planning Commission in accordance with § 162.03-07(D), Preliminary Subdivision Plat.
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, expansion, or improvement of a structure, the cost of which exceeds 50% of the assessed value of a structure as determined either before the expansion or improvement begins or before the damage occurred giving rise to the repair or reconstruction. SUBSTANTIAL IMPROVEMENT shall not include, however any repair or improvement required bringing the structure into compliance with existing state or city health, sanitary, safety, or building ordinance specifications necessary to ensure safe habitation of the structure.
SURFACE PARKING LOT. An area used for the off-street parking or storage of vehicles (including ingress and egress or other areas devoted to vehicular use) located at grade.
SWALE. A structural measure with a lining of grass, riprap, or other materials which can function as a detention structure and convey stormwater runoff without causing erosion.
TELECOMMUNICATIONS FACILITY, COLLOCATION (ON EXISTING BUILDING OR TOWER). A situation in which one or more different communication service providers place communication antenna(s) or other communications equipment on a common antenna-supporting structure (building, tower, or other stationary device).
TELECOMMUNICATIONS FACILITY, FREESTANDING. A structure erected on the ground and used primarily for the support of antennas for communication purposes and utilized by commercial, governmental, or other public or quasi-public users. The term includes microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term does not include private home use of satellite dishes and television antennas, or amateur radio operators as licensed by the FCC.
TEMPORARY USE PERMIT. A permit issued by the Zoning Administrator or the Director of Public Safety in accordance with § 162.03-12, Temporary Use Permit.
TEN-YEAR STORM EVENT. A stormwater modeling term that refers to the frequency at which a particular amount of rainfall in a given duration (ten years) is expected to return, on average.
TOP OF THE FIRST LIVING FLOOR SURFACE. The surface area of the first floor of habitable conditioned space, and the starting elevation used to determine the maximum height of a structure.
TOWNHOUSE. An attached residential unit that shares common vertical wall or walls with other similar townhome units.
TRAFFIC IMPACT ANALYSIS. A report analyzing anticipated roadway conditions with and without an applicant's proposed development. The report may include an analysis of potential mitigation measures and a calculation of fact and contributions.
TREE, CANOPY. A tree with a trunk that measures at least 24 inches in circumference measured at diameter at breast height. The branching patterns of a canopy tree are capable of creating a leafy "canopy" that extends over and shades pedestrians.
TREE, GRAND. A protected tree distinguished by species and size as described in § 166.01 of the City Code of Ordinances. Grand trees are smaller than landmark trees.
TREE, LANDMARK. A protected tree distinguished by species and size as described in § 166.01 of the City Code of Ordinances. Landmark trees are larger than grand trees.
TREE, PROTECTED. Trees of certain species and diameter than require additional protection through this ZDO.
TREE, UNDERSTORY (OR ORNAMENTAL TREE). A tree that has an expected height at maturity of no greater than 30 feet.
TREE ALTERATION PERMIT. A permit reviewed and approved, approved with conditions, or denied by the Building Official in accordance with § 162.03-10, Tree Alteration Permit.
TREE PROTECTION ZONE. The portion of a development site located under a tree canopy area to be retained during the development process.
UNIFORMITY RATIO. A measurement of the relative difference in illumination values, at ground level, between differing exterior lighting sources on a single parcel of land.
UTILITY, MAJOR. Infrastructure services providing regional or community-wide service that are owned and operated privately or by a public entity. Major utilities typically include water towers, waste treatment plants, potable water treatment plants, solid waste facilities, lift stations, and electrical substations.
UTILITY, MINOR. Infrastructure services that need to be located in or near the neighborhood or use type where the service is provided. Examples of minor utilities include storm water retention and detention facilities, telephone exchanges, and park-and-ride facilities.
VACATION RENTAL. A residential unit rented for 29 days or less that typically is utilized by tourists.
VARIANCE.
(1) There are two types of variances in this ZDO. A variance from subdivision standards which requires a variance permit is intended to address requests to deviate from the standards in Chapter 167: Subdivision Standards, as well as variance requests from the lot dimension requirements in Chapter 165: Dimensional Standards as part of the subdivision establishment process. (See § 162.03-07, Subdivision)
(2) A variance from zoning provisions is intended to address all other variance application requests. Its purpose is to allow certain deviations from the standards of this ZDO (such as height, yard setback, lot coverage, parking, landscaping, and signage standards), when the landowner demonstrates that, owing to special circumstances or conditions beyond the landowner's control (such as exceptional topographical conditions, narrowness, shallowness, or the shape of a specific parcel of land), the literal application of the dimensional standards would result in undue and unique hardship to the landowner and the deviation would not be contrary to the public interest.
VARIANCE PERMIT, SUBDIVISION. A permit issued by the Planning Commission in accordance with § 162.03-04, Variance Permits.
VARIANCE PERMIT, ZONING. A permit issued by the Board of Zoning Appeals in accordance with § 162.03-04, Variance Permits.
VEHICULAR USE AREA. The portion of a lot set aside for vehicle maneuvering, including parking and loading.
VIOLATION. An act or omission in violation of the requirements of this ZDO.
WAIVER OF TIME LIMIT. Authorization to submit a revised application for a development permit subject to a public hearing that has been denied within the previous 12 months.
WALL PACK. An exterior lighting device that is flush-mounted on a vertical wall surface.
WILDLIFE HABITAT. The natural dwelling place and space, including food, water, and shelter, of any number of fauna.
ZDO. See ZONING AND LAND DEVELOPMENT ORDINANCE.
ZONING ADMINISTRATOR. The person responsible for administering this ZDO, or a designee.
ZONING AND LAND DEVELOPMENT ORDINANCE (ZDO). Chapters 160 through 169 of this Code of Ordinances, the officially adopted Zoning and Land Development Ordinance of the City of Folly Beach, South Carolina.
ZONING PERMIT. A permit issued by the Zoning Administrator in accordance with § 162.03-13, Zoning Permit.
(Ord. 05-10, passed 3-23-10; Am. Ord. 04-18, passed 9-25-18; Am. Ord. 11-18, passed 11-13-18; Am. Ord. 13-18, passed 12-4-18; Am. Ord. 05-19, passed 4-9-19; Am. Ord. 28-19, passed 9-10-19; Am. Ord. 11-21, passed 5-11-21; Am. Ord. 039-21, passed 5-10-22)