(A) For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.
(B) The singular number includes the plural, and the plural includes the singular.
(C) The word
PERSON includes a corporation, firm, company, partnership, association, organization or public or private authority, as well as an individual.
(D) The term
SHALL is mandatory, and the term MAY is permissive.
(E) The word
USED or OCCUPIED as applied to any land or building shall be interpreted to include the words "intended, arranged or designed to be used or occupied”.
(F) The word
BUILDING includes the word STRUCTURE, and he word STRUCTURE includes the word BUILDING.
(G) The word
LOT includes the words PLOT, PARCEL and TRACT.
(H) Terms not specifically defined herein shall have their customary dictionary definition.
ABANDONMENT. A determination that a particular use (of a parcel of land, or of a structure) has been discontinued, whether with or without the intent to permanently abandon, for at least 30 days. (See § 151.152(C).)
ACCESS AISLE. An accessible pedestrian space between elements, such as parking spaces, seating and desks that provides clearances appropriate for use of the elements.
ACCESSORY. A use, building or structure customarily incidental and subordinate to, and detached from, the principal use, structure or building, and located on the same lot with the principal use, structure or building. (See § 151.108.)
ADDITION (TO AN EXISTING BUILDING). An extension or increase in the floor area or height of a building or structure. Additions to existing buildings shall comply with the requirements for new construction, regardless as to whether the addition is a substantial improvement or not. Where a firewall or load-bearing wall is provided between the addition and the existing building, the addition(s) shall be considered a separate building and must comply with the standards for new construction.
ADJOINING LOT. Land immediately adjacent to the lot in question, including lots located immediately across streets, alleys, water courses of less than 100 feet in width, drainage easements and other rights-of-way.
ADULT USES. Uses including, but not limited to, adult book store, adult entertainment cabaret, adult massage parlor and adult motion picture theater:
(a) ADULT BOOK STORE. An establishment having as a substantial portion of its stock in trade, books, magazines, films for sale or viewing on the premises, and periodicals which are characterized by their emphasis on sexual subject matter.
(b) ADULT ENTERTAINMENT CABARET. A nightclub, theater or other establishment which features performances by topless dancers, strippers or similar entertainers where the performances are distinguished or characterized by sexual exploitation.
(c) ADULT MASSAGE PARLOR. Any place where any form of gratuity occurs in connection with sexual conduct as a result of a massage, or any other treatment or manipulation of the human body.
(d) ADULT MOTION PICTURE THEATER. A building or structure used regularly or routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting sexual activity (or as characterized by the Motion Picture Code as “X Rated”).
ALLEY. A permanent service way used primarily as a secondary means of access to the side or rear of abutting property or properties.
ALTER. As applied to a building or structure, a change or rearrangement in the structural parts or in the external facilities or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another; or the major renovation of a building interior when the renovation cost equals or exceeds 50% of the structure's market value.
ALTERATIONS OF BUILDING. Any change in the supporting members of a building, such as bearing walls, columns, beams, girders or floor joints; or the major renovation of a building interior when the renovation cost equals or exceeds 50% of the structure's market value.
APPEAL. Process of examining a decision rendered by any person charged with the administration of this chapter, requested by anyone aggrieved by the decision. (See § 151.171.)
AREA, BUILDING. The total of areas taken on a horizontal plane at the main grade level of the principal building, and all accessory buildings exclusive of uncovered porches, terraces and steps.
AREA OF SHALLOW FLOODING. Areas of 1% per year chance of flooding between depths of one and three feet, and floodwater velocity less than 15 feet per second, shown as AO Zones on Flood Insurance Rate Maps. (See § 151.081.)
AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of being equaled or exceeded in any given year. (See § 151.081.)
AREA, SITE. The total area within the property lines of a project, excluding external streets.
AUTOMOBILE SERVICE STATION. (Includes gasoline or filling station). A place where gasoline stored only in underground tanks, kerosene, lubricating oil or grease, for operation of automobiles, trucks or boats, are offered for sale at retail directly to the public on the premises, and including minor accessories and services for motor vehicles and boats, but not including major motor vehicle or boat repairs or tire recapping, and including the washing of motor vehicles utilizing car washing equipment, such as chain conveyors and blowers. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of business, the premises shall be classified as a commercial garage.
AUTOMOBILE WRECKING YARD. An area outside of a building where vehicles are disassembled, dismantled, “junked” or “wrecked”, or where motor vehicles not in operable condition or used parts of motor vehicles are stored.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. (See § 151.081.)
BASEMENT. Any enclosed area of a building that is below grade on all sides.
BOARDING HOUSE. (See also TOURIST HOME). Any dwelling other than a hotel or motel, in which more than three persons either individually or as families, who are not members of the operator's family, are housed or lodged for hire with or without meals. A rooming house, or a “furnished room” house shall be deemed a BOARDING HOUSE.
BREAKAWAY WALL. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.
BUFFER AREA. As determined by the Administrator, an area along a lot or district line reserved in natural vegetation, accompanied by buffer screens as required, to achieve physical and visual separation of districts or uses.
BUFFERS. Spaces, structures, land forms or vegetation, and/or combinations of these elements which are reserved or constructed between lots, districts or uses.
BUFFER SCREEN. A fence, wall, hedge or similar barrier placed close and parallel to a lot line or zoning district line for the purpose of visually separating one use of district from another. (See § 151.081.)
BUILDING. Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. The term BUILDING shall be construed as if followed by the words “or part thereof”.
BUILDING COVERAGE. The proportion of the lot area, expressed as a percent, that is covered by the maximum horizontal cross section of a building or buildings. Structures which are below the finished lot grade shall not be included in building coverage.
BUILDING, HEIGHT OF. As applied to a building, the vertical distance from grade to the highest finished roof surface. HEIGHT OF A BUILDING in stories does not include basements and cellars, except as specifically provided otherwise.
BUILDING LINE. (Including the term SETBACK). That line which represents the minimum distance, when measured at right angles, which a building or structure must be placed from a lot line, a street right-of-way or a street centerline, in accordance with the terms of this chapter. (See Appendix D.)
BUILDING PERMIT. Permission to be obtained from the city prior to commencing any clearing of land, or any action to change the use of land or structures. (See § 151.061.)
BUILDING, PRINCIPAL. (See also USE, PRINCIPAL). A building or structure in which is conducted the main or principal use of the lot on which the building is situated.
CAR WASH. (Also, self-service car washes). A building or portion thereof, where automobiles are washed with the use of a chain conveyor and blower or steam-cleaning device. Where car washing is the principal activity, the use is not deemed to be a public gasoline or gasoline service station.
CELLAR. A portion of a building partly underground which has less than one half of its height measured from finished floor to finished ceiling above the average grade of the adjoining ground and not deemed a story.
CESSATION. Ceasing to use, occupy or inhabit land or structures. (See § 151.152(G).)
CITY. City of Goose Creek, South Carolina.
CLUB, LODGE, CIVIC or FRATERNAL ORGANIZATION. An incorporated or unincorporated association for civic, social, cultural, religious, literary, political, recreational or like activities (but not including shooting clubs) operated for the benefit of its members and not open to the general public.
COMMERCIAL. A use involving the sale or transfer of goods or services.
COMMERCIAL FACILITY. A privately owned, non-residential facility involved in commercial activity, such as a factory, warehouse, corporate office building or other facility in which employment occurs.
COMMERCIAL, RESTRICTED. A commercial use involving the sale or rental of specific (or a specific category of) specialty goods or services in a retail floor or display area not to exceed 1,500 square feet.
COMMERCIAL, UNRESTRICTED. A commercial use involving the sale or rental of a non-specific or varied category of goods or services, light industrial uses, manufacturing, warehousing or the repair of large appliances, automobiles, machinery or the like.
COMMUNICATION (TELECOMMUNICATION) TOWERS. Including, but not limited to, a tower or other structure that supports communication equipment, either broadcasting or receiving. This definition does not include television reception antennas and satellite dishes, or amateur radio operators as licensed by the Federal Communication Commission.
CONDITIONAL USE. A use not otherwise permitted in a district, and which would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location, relation to the neighborhood and subject to the conditions noted, would promote the public health, safety, welfare, order, comfort, convenience, appearance, prosperity or general welfare of the city. (See § 151.171(C).)
CONDOMINIUM. A form of fee ownership of whole units or separate portions of multi-unit buildings, by statue (S.C. Code §§ 27-31-10 et seq.) which provides the mechanics and facilities for formal filing and recording of a divided interest in real property, where the division is vertical as well as horizontal. Fee ownership of units in a multi-unit property includes joint ownership of the common areas. (See § 151.109(D).)
COURT. An open unoccupied space bounded on two or more sides by the exterior walls of a building or exterior walls and lot lines. An INNER COURT is enclosed on all sides by exterior walls or lot lines on which walls are allowable. An OUTER COURT is enclosed on not more than three sides by exterior walls of a building, or by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.
CRITICAL DEVELOPMENT. Development that is critical to the community’s public health and safety, is essential to the orderly functioning of a community; stores or produces highly volatile, toxic or water-reactive materials; or houses occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical development include jails, hospitals, schools, fire stations, nursing homes, wastewater treatment facilities, water plants, and gas, oil and propane storage facilities.
CUSTOMARY HOME OCCUPATION. An occupation, within a dwelling or a finished room over garage and clearly incidental thereto, carried on by a member of the family residing in the premises, provided, however, that no person not a resident of the premises is employed at the premises, no mechanical equipment is used except such that is normally used for family, domestic, or household purposes, and there is no exterior indication that the building is being used for any purpose other than a dwelling. There shall be no activity conducted outside, nor shall there be any outdoor storage, display, or refuse area in the yard. These standards must be met to the satisfaction of the Zoning Administrator. When the above requirements are met, a home occupation includes but is not limited to the following: an art studio; dressmaking; professional home office of a lawyer, engineer, architect, salesperson, or other similar occupation; independent business contractor who has no other permanent place of business; a family daycare in which care is given during the day for two or not more than six children, including the resident's own children.
DAY NURSERY. Any agency, institution, center, home nursery school, kindergarten, play school or other place, however styled and whether operated under public auspices, as a private business, or by an established religious denomination, in which are received for temporary custodial care apart from their parents, part of the day or all of the day or night, and upon any number of successive days, one or more children not related to the persons providing the temporary custodial care.
DENSITY. The number of dwelling units per acre of land developed or used for residential purposes. Unless otherwise clearly stated, density requirements in this chapter are expressed in dwelling units per net acre; that is, per acre of land devoted to residential use exclusive of land utilized for streets, alleys, drives, parks, playgrounds, school grounds or other public uses. GROSS RESIDENTIAL ACRE, where used in this chapter, shall include all land within a specific parcel or lot. (See Appendix D.)
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations or permanent storage of materials or equipment.
DEVELOPMENT PERMIT. See also BUILDING PERMIT. As required in the pertinent Procedures Manual, the city permits to proceed with the proposed development, after review by the Zoning Administrator. (See § 151.062.)
DISABILITY.
(a) A physical or mental impairment substantially limits one or more of the major life activities of an individual;
(b) A record of the impairment; and
(c) Being regarded as having such an impairment.
DRIVE-IN ESTABLISHMENT. A business where a customer is permitted or encouraged, either by the design of physical facilities or by service and/or parking procedures, to carry on his or her business, in the off-street parking area accessory to the business, while seated in his or her motor vehicle.
DWELLING. A building or portion of a building arranged or designed to provide living quarters for one or more families.
DWELLING, GROUP. A building or portion of a building occupied or intended for occupancy by several unrelated persons or families, but in which separate cooking utilities are not provided for the resident persons or families. The term GROUP DWELLING includes the terms rooming house, fraternity house or sorority house. A hotel, motel or tourist home shall not be deemed to be a GROUP DWELLING as herein defined.
DWELLING, MULTI-FAMILY. (Also, an APARTMENT HOUSE). A dwelling designed for or occupied by three or more families living independently of each other, with the number of families in residence not exceeding the number of dwelling units provided. Each multi-family living unit constitutes a dwelling unit.
DWELLING, ONE-FAMILY. A detached dwelling other than a mobile home designed for or occupied exclusively by one family.
DWELLING, TOWNHOUSES. One of a series of three or more separate, attached one-family dwelling units on individual lots of record, which:
(a) May or may not have a common roof;
(b) Share at least one common wall; and
(c) Are separate from each other by fire resistive party wall partitions extending at least from the lowest floor level to the roof.
DWELLING, TWO-FAMILY. A detached or semi-detached dwelling designed for or occupied exclusively by two families living independently of each other.
DWELLING UNIT. One or more rooms connected together and constituting a separate independent housekeeping establishment for use on a basis involving owner occupancy or rental or lease on a weekly, monthly or longer basis, with provision for cooking, eating and sleeping, and physically set apart from any other rooms or dwelling units in the same structure.
ELEVATED BUILDING. A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls or breakaway walls.
EXISTING CONSTRUCTION. Means, for the purposes of determining rates, structures for which the start of construction commenced before February 17, 1982. (See § 151.081.)
EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before November 10, 1981.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete slabs).
FACILITY. All or any portion of buildings, structures, site improvements, complexes, equipment, roads, walks, parking lot or other real or personal property located on a site giving access to buildings and accommodations in those buildings available for use by the public or employees.
FAMILY. The following groups of persons, and no others:
(a) Any number of persons related by blood or marriage and living and cooking together as a single housekeeping unit, plus not more than two unrelated roomers, boarders or domestic servants; or
(b) No more than three unrelated persons living and cooking together as a single housekeeping unit.
FAMILY CHILDCARE HOME. A private dwelling which receives for temporary custody not more than six children, including those children living in the home and children received for childcare who are related to the resident, provided said dwelling and childcare provider have received a license from the State of South Carolina to provide family childcare services, as defined by S.C. Code, Title 20, Chapter 7. For purposes of this chapter, a FAMILY CHILDCARE HOME as herein defined is a customary home occupation.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters; and
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD HAZARD AREA. Those areas as determined by the Federal Emergency Management Agency, or the United States Army Corps of Engineers, subject to periodic inundation by large floods which may reasonably be expected to cause damage or hazard of damage sufficient to justify protection therefrom. (See § 151.081.)
FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A.
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the city.
FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. (See § 151.081.)
FLOOR. The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.
FLOOR AREA. The total number of square feet of floor space within the exterior walls of a building.
FREEBOARD. A factor of safety usually expressed in feet above a flood level for purposes of flood plain management. FREEBOARD tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. (See § 151.081.)
FRONTAGE
(a) All the property fronting on one side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street or political subdivision boundary, measured along the street line.
(b) An intercepting street shall determine only the boundary of the frontage of the side of the street which it intercepts.
GARAGE. A structure or any portion thereof in which one or more automobiles are housed, kept or repaired, not including exhibition or showrooms, or storage of cars for sale.
GARAGE, PRIVATE. An accessory building used for storage purposes only and which is provided primarily for the occupants of the premises on which such a garage is accessory, and in which no business, service or industry connected directly or indirectly with automotive vehicles is carried on. Space may be rented for not more than two vehicles of others than occupants of the building to which the garage is accessory.
GARAGE, PUBLIC. (Also, a commercial garage). Any garage other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles, but not used for the storage of dismantled or wrecked motor vehicles or parts.
GARAGE, REPAIR. The building and premises designed or used for purposes indicated under “automobile service station” and/or major repair, provided that body work and painting shall be conducted within fully-enclosed buildings, and provided further that self-propelled vehicles not in safe operating condition shall be stored in fully-enclosed areas consistent with applicable provisions of §§ 151.080 through 151.087 and §§ 151.150 through 151.153. A REPAIR GARAGE shall not be operated as a customary home occupation.
GRADE. The average elevation of the surfaces of the ground adjacent to the exterior walls of a building as officially established by city authorities.
GRADE, FINISHED. The complete surfaces of lawns, walks and roads brought to grade as shown on official plans or designs relating thereto.
GOVERNMENTAL BUILDINGS. All buildings, structures, streets, sidewalks and access thereto used by the public or in which the physically disabled persons may be employed that are constructed, purchased, leased or rented in whole or in part by use of state, county or municipal funds or funds of any political subdivision of the state; and, to the extent not required otherwise by federal law or regulations or not beyond the power of the state to regulate, all buildings and structures used by the public which are constructed, purchased, leased or rented in whole or in part by use of federal funds.
HIGHEST ADJACENT GRADE. The highest natural elevation of ground surface, prior to construction, next to the proposed walls of a building.
HISTORIC STRUCTURE. Any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places in South Carolina with the South Carolina Archives and History Department which has been approved by the Secretary of the Interior; or
(d) Individually listed on Berkeley County's inventory of historic places that has been certified by the South Carolina Archives and History Department.
HOTEL. (Includes motel, tourist courts, motor lodges and auto courts). A building or buildings containing ten or more rooms intended or designed to be used or which are used, rented or hired out to be occupied for sleeping purposes by transient or permanent guests, and where only a general kitchen and dining room are provided within the principal building or in an accessory building (“Efficiencies” are considered to be dwelling units).
INCREASED COST OF COMPLIANCE (ICC). Applies to all new and renewed flood insurance policies effective on and after June 1, 1997. The NFIP shall enable the purchase of insurance to cover the cost of compliance with land use and control measures established under Section 1361. It provides coverage for the payment of a claim to help pay for the cost to comply with state or community flood plain management laws or ordinances after a flood event in which a building has been declared substantially or repetitively damaged.
JUNK OR SALVAGE YARDS. The use of any part of a lot, whether inside or outside of a building, for the storage, keeping, abandonment, sale or resale of junk, salvage or scrap materials; or the dismantling, demolition or abandonment of automobiles and other vehicles or machinery, equipment or parts thereof.
LANDSCAPING. Aesthetic improvement, other than grass cover, of developed grounds, using natural trees to the maximum extent possible. As determined by the Administrator, landscaping may include buffer screening and erosion control measures. (See § 151.083.)
LIMITED STORAGE. An area used for storage and intended to be limited to incidental items that can withstand exposure to the elements and have low flood damage potential. Such an area must be of flood-resistant or breakaway material, void of utilities except for essential lighting, and cannot be temperature-controlled. If the area is located below the base flood elevation in an A, AE and A1-A30 Zone, it must meet the requirements of § 151.081(N)(l)(d) of this chapter.
LOADING SPACE. A space within the main building or on the same lot, providing for the standing, loading or unloading of trucks/supply vehicles. (See § 151.086 and Appendix A.)
LOT. A plot or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings permitted in this chapter, and having its principal frontage upon a street or access approved by the Mayor and Council, and the customary accessories and open spaces belonging to the same. Unless clearly indicated otherwise, the word LOT, when used alone in this chapter, shall mean a ZONING LOT as herein defined.
LOT, CORNER. A lot at the junction of and fronting on two or more streets at their intersection.
LOT, DEPTH OF. A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two streets, at a point other than at their intersection, as distinguished from a corner lot.
LOT, INTERIOR. A lot other than a corner lot, having frontage on only one street other than an alley.
LOT LINES. Any lines dividing one lot from another.
LOT, OF RECORD. An area designated as a separate and distinct parcel of land on a legally recorded deed as filed in the official records of the County Clerk of Court. (See Appendix D for a summary of minimum size lots of record permitted for all districts.)
LOT, WIDTH OF. The distance between side lot lines as measured at the building line.
LOT, ZONING. A parcel of land occupied or to be occupied by a principal use or uses, yards and open spaces, which are permitted or required under the provisions of this chapter having frontage on an officially accepted street and having not less than the minimum area required by these regulations for a lot in the zoning district within which the parcel of land is located. A lot of record may or may not be a zoning lot.
LOWEST ADJACENT GRADE (LAG). An elevation of the lowest ground surface that touches any deck support, exterior walls of a building or proposed building walls.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.
MANUFACTURED HOME. A structure, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation, when connected to the required utilities. The term MANUFACTURED HOME does not include a RECREATIONAL VEHICLE.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL. For the purpose of this chapter, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which the base flood elevations shown on a community’s Flood Insurance Rate Maps (FIRM) are shown.
MOBILE HOME. A detached single-family dwelling unit (including the term “manufactured home”), transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term “manufactured home” also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term “manufactured home” does not include park trailers, travel trailers and other similar vehicles.
MOBILE HOME PARK. Premises where two or more mobile homes are parked for living or sleeping purposes, or where spaces are approved by the city and the South Carolina Department of Health and Environmental Control and set aside or offered for sale or rent for use by mobile homes, including any land, building, structure or facility used by occupants of mobile homes or the premises. (See § 151.138.)
MODULAR HOME. A detached permanent dwelling unit of conventional floor plan, designed for long-term occupancy after transportation (as a unit, or as substantially complete sub-units) by truck, trailer or train to a permanent foundation site, and subsequent completion of construction. This definition includes manufactured housing, other than mobile homes, as defined above.
NATIONAL GEODETIC VERTICAL DATUM (NGVD). As corrected in 1929, is a vertical control used as a reference for establishing varying elevations within the flood plain.
NEW CONSTRUCTION. Structure for which the start of construction commenced on or after November 10, 1981. The term also includes any subsequent improvements to such structure.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete slabs) is completed on or after November 10, 1981.
NON-CONFORMING USE. A building, structure or parcel of land lawfully occupied by a use that does not conform to the regulations of the zoning district in which it is situated, and existed prior to enactment of this chapter. (See § 151.152.)
NURSING HOME. A home for the aged, chronically ill or incurable persons in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick, injured or mentally ill, and not including rest homes which are primarily nursing homes for persons of all age groups.
OCCUPANCY PERMIT. Permit issued by the city after final inspection and approval, and prior to any use or occupancy of the land or structure. (See § 151.064.)
OCCUPANCY PERMIT, TEMPORARY. Permission for temporary use or occupancy. (See § 151.064.)
OPEN SPACE. An unoccupied space open to the sky on the same lot with the building and free of automotive traffic, parking and undue hazard, and readily accessible by all those for whom it is required.
OUTDOOR ADVERTISING. The use of signs directing public attention to any object, product, service or function that may be offered for sale, lease or hire, or is otherwise offered to provide information, or to solicit support or compliance. Outdoor advertising shall include only those signs which are, in any way, visible to the public from a position outside the premises on which the sign is located.
PARKING LOT, OFF-STREET. A paved area provided primarily for motor vehicle parking purposes, located entirely off a street or alley which affords ingress and egress for automobiles. (See § 151.086.)
PARKING SPACE, ONE CAR. The area required for parking one automobile, which in this chapter is held to be a minimum paved area of nine feet wide and 18 feet long, not including passageways, aisles, drives, maneuvering areas and entryways. (See § 151.086(C).)
PLANNED DEVELOPMENTS. Allow flexibility in the grouping, placement, size and use of buildings on relatively large tracts of land. Planned Developments provide for the mixing of building types and/or land uses and are usually characterized by a unified site design. Planned Developments have a number of advantages over traditional lot-by-lot development, including: the mixing of building types or uses creating a more diversified community, combining often unusable yard space on individual lots into common open spaces, providing incentives to build low cost housing, lower street and utility cost resulting from reduced frontage and allow increased development densities while providing or keeping desired amenities. (See § 151.138.)
PLAT. A map, plan or layout of a tract of land, or a section or subdivision of land, indicating the location and boundaries of individual properties, requiring city approval prior to recording with Berkeley County R.M.C.
PROCEDURES MANUAL. A condensed listing of requirements enumerated in this chapter, pertaining to specific types of development. (See § 151.062.)
PUBLIC BUILDINGS. All buildings, structures, streets, sidewalks and access thereto used by the public or in which physically disabled persons may be employed that are constructed, purchased, leased or rented by the use of private funds, including rental apartment complexes of 20 units or more and temporary lodging facilities of 20 units or more, except that the provisions of this chapter shall apply to only 5% of those units or a minimum of one unit, whichever is the greater, and provided, further, that the provisions of this chapter shall not apply to a private residence.
PUBLIC HEARING. An assembly to receive the public sentiment regarding actions pursuant to this chapter.
PUBLIC USE.
(a) A building or property owned or occupied by a use which is open to all people without or with minimal restrictions or regard as to membership, and which is established for their common or general use and enjoyment. A church is a
PUBLIC USE.
(b) Interior or exterior rooms or spaces that are made available to the general public. May be a building that is privately or publicly owned.
RECREATIONAL VEHICLE. A vehicle that is:
(a) Built on a single chassis;
(b) Four hundred square feet or less, when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.
REPETITIVE LOSS. A building covered by a contract for flood insurance that has incurred flood-related damages on two occasions during a ten-year period ending on the date of the event for which a second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25% of the market value of the building at the time of each such flood event.
RETAIL STORE. A business selling or renting goods or merchandise directly to the consumer for direct consumption or use. Any merchandise for rent must be merchandise permitted for sale in the respective district.
RE-ZONING/ZONING AMENDMENTS. Re-zoning/zoning amendments are used to meet the evolving needs of the city. Re-zoning changes the zone classification on a given parcel of land while amendments usually refer to changes in this chapter’s text. For example, the construction of a new road may provide access to areas well suited for commercial uses. Prior to the construction of the road, the area was zoned residential. For the owner to construct a commercial facility, he or she must request a re-zoning of the property. An example involving an amendment to the chapter text might be changing the definition of townhouses to include them either as multi-family or single-family dwellings. This may significantly affect where and how townhouses are permitted. Re-zonings, like the original enactment of the ordinance, are legislative acts that must be passed by the City Council. (See § 151.047.)
SATELLITE DISH ANTENNA. Any round, concave, “dish-shaped” antenna or other apparatus, either mobile or permanently mounted, intended for the reception of radio frequency signals or earth satellite signals.
SECTION 1316 OF THE NATIONAL FLOOD INSURANCE ACT OF 1968. The act provides that no new flood insurance shall be provided for any property found by the Federal Emergency Management Agency to have been declared by a state or local authority to be in violation of state or local ordinances.
SEMI-PUBLIC USE. A building or property owned or occupied by an organization, institution or group of people which has written and adopted rules for membership, which is used or enjoyed primarily by that group.
SHOPPING/COMMERCIAL CENTER. A business use of land which locates two or more separately licensed businesses on a common parcel or parcels sharing access.
SIGN. A name, identification, image, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, facility, service, event, attraction, person, institution, organization or business and which is visible from any street, right-of-way, sidewalk, alley, park or other public property.
SIGN, AREA OF. For free standing signs (exclusive of supports), cabinet signage (single or double faced) or signage prepared on material subsequently intended for attachment to supports or a building structure which is removable as one piece, or signage painted upon the building surface, the sign area is that area contained within a single continuous perimeter enclosing the extreme limits of the structure. Where two sides of a double-faced sign are not more than 24 inches apart at the widest point and display identical writing or other representation, the sign area shall be computed by measuring one face only. For signs designed of uniformly colored individual raised letters separately attached to a building wall or facade surface, the sign area shall be the sum of the areas of each individual letter as circumscribed by the outer limits of each letter, provided the spacing between letters does not exceed one half the median height of letters used, and spacing of words does not exceed the height of the largest letter used.
(a) BANNER and PENNANT SIGN. Usually made of cloth or paper and suspended across streets, display lots or building fronts.
(b) BENCH SIGN. Painted or attached to the backrest of a bench.
(c) PORTABLE SIGN. A sign which is easily moved from one location to another. Usually rests on the ground, on wheels or metal legs and may be temporarily anchored by weights, stakes or cables to the ground. Common examples include A-FRAME or SANDWICH BOARD signs.
SIGN, OFF-PREMISE. A sign that advertises activities, goods, products and the like, that is available elsewhere than within the building or on the lot where the sign is located (i.e., billboards, off-premise outdoor advertising and the like).
SIGN, ON-PREMISE. A sign that advertises activities, goods, products and the like, that is available within the building or on the lot where the sign is located.
SIGN, PERMANENT. A sign which is permanently attached to a building, the ground or other structures and which meets the structural and installation standards of the Standard Building Code and the electrical standards of the National Electric Code.
(a) AWNING SIGN. On or attached to a retractable shelter that is supported entirely from the exterior wall of a building.
(b) CANOPY SIGN. On or attached to a permanent overhanging shelter which projects from the face of a building and is supported only partially by the building.
(c) COMBINATION WALL/ROOF SIGN. A double faced, projecting wall sign which projects above the roofline of a building and which is wholly or partially supported by the building.
(d) FASCIA SIGN. Affixed in any manner to any exterior wall of a building and which projects not more than 18 inches and does not extend more than six inches above the parapet, eaves or building facade.
(e) FREE-STANDING SIGN. Supported by one or more columns, uprights or braces in the ground.
(f) MARQUEE SIGN. On or attached to a permanent over-hanging shelter which projects from the face of a building and is entirely supported by the building.
(g) PAINTED WALL SIGN. Painted on any externally visible surface (wall or window) of a building which advertises a product or service.
(h) PROJECTING WALL SIGN. A double-faced sign, mounted to the wall of a building, which projects out from that building for more than 18 inches.
(i) ROOF MOUNT SIGN. Erected on or above the roof line of a principal building and which is wholly supported by the building.
(j) TEMPORARY SIGNS. Not permanently attached to a building, the ground or other structures and which may not meet the structural and installation standards of the Standard Building Code or electrical standards of the National Electrical Code. TEMPORARY SIGNS include “For Sale/Rent” signs, contractor/builder/developer signs and trailer type signs used to announce a new business. (See § 151.084(C)(1)(c).)
SIGN PERMIT. Permit required prior to erection of, or change in, any sign or sign structure in the city.
START OF CONSTRUCTION. For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97 348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, or improvement was within 180 days of the permit date. The ACTUAL START means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. PERMANENT CONSTRUCTION does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the ACTUAL START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.
STORY. That portion of a building included between the surface of any floor and the floor next above it, or if there is no floor above it, then the space between the floor and ceiling next above it.
STORY, HALF. A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of the story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his or her family, or by a family occupying the floor immediately below it, shall be deemed a full story.
STREET. Any public or private thoroughfare, street, avenue, boulevard, way or space, a minimum of 50 feet right-of-way width, which affords the principal means of access to abutting properties.
STREET CENTERLINE. That line surveyed and monumented by the governing body shall be the centerline of a street, or in the event that no centerline has been so determined, it shall be that line running midway between, and parallel to the general direction of the outside right-of-way lines of the streets.
STREET LINE. The dividing line between a lot, tract or parcel of land and contiguous street.
STRUCTURE. Anything constructed or erected which requires a fixed location on the ground, or which is attached to something having a fixed location on the ground, including but not limited to buildings, mobile homes, trailers, signs, satellite dish antennas, billboards, backstops for athletic activities, swimming pools, walls and fences. The term STRUCTURE shall be construed as if followed by the words “or part thereof”.
SUBDIVISION. A dividing of land for any purpose.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. Such repairs may be undertaken successively and their costs counted cumulatively. (See the definition of SUBSTANTIAL IMPROVEMENT.)
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred repetitive loss or substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(a) Any project of improvement to a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official, and that are the minimum necessary to assure safe living conditions; or
(b) Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure.
Permits shall be cumulative for a period of five years. If the improvement project is conducted in phases, the total of all costs associated with each phase, beginning with the issuance of the first permit, shall be utilized to determine whether SUBSTANTIAL IMPROVEMENT will occur.
SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARKS or SUBDIVISIONS. The repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50% of the market value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
TATTOO ARTIST. A person who practices body tattooing.
TATTOO FACILITY. Any room, space, location, area, structure, or business or any part of any of these places, where tattooing is practiced or where the business of tattooing is conducted.
TATTOO OR TATTOOING. The act or practice of indelibly marking or coloring the skin by subcutaneous introduction of non-toxic dyes or pigments.
TEMPORARY USE. Non-permanent land uses, including:
(a) Religious meetings in a tent or other temporary structure in GC, CO, LI Districts, for a period not to exceed 60 days;
(b) Open lot sale of Christmas trees in GC, NC, CO and LI Districts, for a period not to exceed 45 days;
(c) Real estate sales office, in any district, except full or near fully developed residential projects, for a period of one year, provided no cooking or sleeping accommodations are maintained;
(d) Contractor's office (shed or trailer) or equipment shed, in any district, except full or near fully-developed residential projects, for a period of one year, provided the office or shed is placed on the project property, and no sleeping or cooking accommodations are maintained except for the watch persons in the structure;
(e) Temporary uses which would have significant impact on the city, such as carnivals, circuses, promotions and the like, may be permitted only by City Council after duly determining that traffic congestion and neighborhood nuisance can be avoided; and
(f) Temporary occupancy permits for divisions (b), (c) and (d) above may be renewed provided it is determined that the use is clearly of a temporary nature, will cause no traffic congestion and will not create a nuisance to surrounding uses. (See § 151.065.)
TOURIST HOMES. A dwelling in which sleeping accommodations in less than ten rooms are provided or offered for the use of guests in return for compensation, and where meals may or may not be offered. Any dwelling in which the accommodations are offered in ten or more rooms shall be deemed to be a “hotel” or “motel” as herein defined. The use of a dwelling as a tourist home shall not be considered an accessory use nor a customary home occupation.
TRAILERS. Any vehicle or structure capable of moving, or being moved, over streets and highways on its own wheels or on flat beds or other carriers, which is designed or utilized to:
(a) Provide temporary or permanent quarters for the conduct of a business, profession, trade or occupation;
(b) Serve as a carrier of new or used goods, products or equipment; or
(c) Be used as a selling, advertising or display device. A trailer is not used as a residence (such as a mobile home), nor as additional classrooms to an educational facility.
TRAVEL TRAILER. A portable vehicular structure designed and primarily intended by its manufacturer as a temporary dwelling for travel, recreational and vacation uses, not exceeding eight feet in body width nor exceeding 4,500 pounds gross weight, as factory equipped for the road.
USE, PRINCIPAL. The main or primary purpose for which a building, other structure and/or lot is designed, arranged or intended, or for which they may not be used, occupied or maintained under this chapter. The use of any other building, other structure and/or land on the same lot and incidental or supplementary thereto and permitted under this chapter shall be considered an accessory use.
VIOLATION. The failure of a structure or other development to be fully compliant with these regulations.
WETLANDS. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life and saturated soil conditions. WETLANDS generally include swamps, marshes and bogs.
ZONING APPEALS. A request for relief from the strict provisions of this chapter. Appeals generally deal with ordinance interpretation. For example, if a developer disagrees about interpretation of the regulations, he or she may wish to have the Zoning Board of Appeals settle the issue. It is impossible to spell out everything in a zoning ordinance and from time to time interpretations as to intent must be made.
ZONING PERMIT. Synonymous with building permit, or development permit. (See DEVELOPMENT PERMIT.)
(1985 Code, Art. II, § 204) (Ord. 87-06, passed 2-10-1987; Ord. 87-13, passed 10-14-1987; Ord. 88-02, passed 3-8-1988; Ord. 89-10, passed 9-12-1989; Ord. 91-08, passed 9-10-1991; Ord. 95-002, passed 3-14-1995; Ord. 95-003, passed 3-14-1995; Ord. 96-002, passed 2-13-1996; Ord. 96-009, passed 9-10-1996; Ord. 99-013, passed 8-10-1999; Ord. 08-006, passed 4-15-2008; Ord. 13-006, passed 9-10-2013; Ord. 17-003, passed 3-14-2017; Ord. 17-019, passed 8-8-2017; Ord. 18-018, passed 8-14-2018; Ord. 18-027, passed 11-27-2018; Ord. 2022-001, passed 3-8-2022)