(A) Purpose and intent. The WDU, Water-Dependent Use Overlay District is intended to accommodate community docks, boat ramps, marinas and commercial docks, and other nonresidential uses that require locations near water bodies.
(1) Private docks intended for the private use of one family shall be exempt from the requirements of this chapter.
(2) Joint use docks intended for the private use of two to four families shall be exempt from the requirements of this section.
(B) Uses. Community docks, boat ramps, marinas and commercial docks, and other uses that require locations near water bodies may be allowed in the WDU District, if approved in accordance with the procedures of this chapter.
(C) Community docks.
(1) A COMMUNITY DOCK(S) is any docking facility that provides access for more than four families (greater than or equal to five watercraft slips and less than or equal to ten watercraft slips) and is not a marina. All community docks shall be considered a water-dependent use.
(2) Community dock(s) shall be subject to the following standards:
(a) All proposed community docks shall comply with the site plan review procedures contained within this chapter;
(b) All proposed community docks shall comply with all applicable regulatory requirements of state and federal agencies including but not limited to State Department of Health and Environmental Control (DHEC) and U.S. Army Corps of Engineers;
(c) All proposed community docks that provides access for more than four families (greater than or equal to five watercraft slips and less than or equal to ten watercraft slips) shall require review and approval in accordance with the special exception procedures of this chapter;
(d) All proposed community docks must have a minimum of 75 feet of lot frontage at the marsh edge (OCRM critical line) and a minimum of 75 feet between its extended property lines at the location in the waterbody of the proposed dock;
(e) No leasing or other transfer of space to individuals who do not reside in the residential community or other commercial uses are allowed at community docks;
(f) Project proposals shall include facilities for the proper handling of litter, waste, refuse, and petroleum products in accordance with DHEC regulations;
(g) A boat ramp may be allowed at a community dock subject to division (D) below; and
(h) Approval of this particular use by the town shall not relieve the recipient (use) of responsibility for complying with all other applicable requirements of any other local, county, state, or federal agency. In addition, approval by the town does not guarantee nor recommend approval from any other legal entity or governmental agency.
(D) Standards for boat ramps.
(1) Boat ramps provide access to the water for the launching and retrieving of watercraft not exceeding 12,000 pounds gross weight. Boat ramps providing launching and retrieving of watercraft in excess of 12,000 pounds gross weight shall follow the special exception provisions of this chapter in addition to the following requirements which shall apply to all boat ramps.
(2) Boat ramps shall be subject to the following standards:
(a) Filling or excavating of vegetated wetlands for boat ramp construction is prohibited unless no feasible alternatives exist in non-vegetated wetland areas. In addition, the area to be filled or excavated must be limited to that which is reasonable for the intended use;
(b) Boat ramps must consist of environmentally acceptable materials, demonstrate sound design and construction so that they could reasonably be expected to be safe and effective, and minimize adverse effects;
(c) Justification for boat ramp construction in environmentally sensitive areas shall be considered using the following priorities:
1. Public use – open to all citizens;
2. Restricted use – open to citizens of a particular area or organization only; and
3. Private use – use for one citizen or family.
(d) In cases where private use is necessary, siting of ramps must, wherever feasible, be located in areas where the least environmental impact will accrue to the area and be limited to 12 feet in width;
(e) Boat ramp location requiring dredging or filling of wetlands to provide deep water access to the ramp, parking areas for the ramp, or other associated facilities are prohibited unless no feasible alternatives exist and environmental impacts can be minimized;
(f) The siting of “public use” boat ramps is encouraged in easily accessible areas such as bridges and existing, abandoned causeways, provided that these sites comply with other applicable regulations;
(g) All proposed boat ramps shall comply with the site plan review procedures contained within this chapter;
(h) All proposed boat ramps shall comply with all applicable regulatory requirements of state and federal agencies including but not limited to State Department of Health and Environmental Control (DHEC) and U.S. Army Corps of Engineers;
(i) All proposed “public use” boat ramps shall require review and approval in accordance with the special exception procedures of this chapter; and
(j) Approval of this particular use by the town shall not relieve the recipient (use) of responsibility for complying with all other applicable requirements of any other local, county, state or federal agency. In addition, approval by the town does not guarantee nor recommend approval from any other legal entity or governmental agency.
(E) Standards for marinas.
(1) A MARINA is any of the following:
(a) Lock harbor facility;
(b) Any facility which provides fueling, pump-out, maintenance, or repair services;
(c) Any facility which has permanent docking space for 11 or more watercraft slips;
(d) Any water area with a structure which is used for docking or otherwise mooring vessels and constructed to provide temporary or permanent docking space for more than ten boats; or
(e) A dry stack facility.
(2) All marinas shall be considered a water-dependent use.
(3) Marinas shall be subject to the following standards:
(a) Uses. The following uses and activities shall be allowed in association with a marina:
1. Marinas may provide the following services if specifically authorized by a special exception approval:
a. Launching ramps and small hoists (to accommodate primarily the launching of watercraft not exceeding 12,000 pounds in residential and agricultural residential districts);
b. Piers, wharfs, and other facilities for the berthing and securing of recreational watercraft;
c. Dockside maintenance and repair necessary to keep watercraft in operable condition;
d. Wet storage and mooring of seaworthy pleasure craft in operable condition;
e. Dispensing of fuel, subject to all applicable ordinance requirements;
f. Shower and laundry facilities for marina clientele only;
g. Vending machines; and
h. Dry stack storage of watercraft.
2. Excluding marinas in agricultural and residential districts, marinas providing 25 or more boat slips may provide the following additional services:
a. Bait and tackle retail sales;
b. Retail sales of basic marine supplies and accessories necessary for boat operation, maintenance, and upkeep (not to include the sale of boats and/or motors); and
c. Snack bars and retail groceries.
(b) Performance standards. In addition to any other applicable provisions of the chapter, marinas shall be subject to the following performance standards.
1. Lot area and location. The property shall have frontage on a public-owned road or a privately maintained road built to county road and meet the following density, intensity, and dimensional standards unless more restrictive standards are imposed at the time of special exception approval:
Marina Density/Intensity and Dimensional Standards | |
Minimum lot area | 1 acre |
Marina Density/Intensity and Dimensional Standards | |
Minimum lot area | 1 acre |
Minimum lot width | 250 feet |
Minimum setbacks [1] | |
Front/street side | 25 feet |
Interior side | 15 feet |
Rear | 25 feet |
OCRM critical line | 50 feet |
Maximum building cover | 35% of lot |
Maximum height | 35 feet [2] |
[2] Properties located within the Water-Dependent Use District that have a zoning district designation of Industrial (I) or Community Commercial (CC) are allowed a maximum height of 60 feet. | |
2. Services. All services provided by the marina shall be located on the same zoning lot or on the piers associated therewith.
3. Structures. All retail sales and services shall be enclosed. The maximum structure size or bulk shall be limited to ten square feet of net floor area for each boat slip.
4. Setbacks. All structures shall be setback a minimum of 100 feet from abutting agricultural and residential zoning districts except where the property line is the street right-of-way line, in which case the front setback established for the zoning lot shall apply.
5. Parking. Off-street parking shall be provided in accordance with the requirements contained in §§ 153.330 through 153.342. Any parking associated with the use of the launching ramp and other marine activities must be accommodated on-site. Parking surfaces and off-street roads or driveways within the facility shall be graded and covered with a permanent dust proof surface.
6. Storage. Areas for boat trailer storage and open field boat storage shall be designated and screened in accordance with the landscaping, screening, and buffer requirements of §§ 153.330 through 153.342. Open field boat storage on trailers may be provided at a ratio of one 10-foot by 20-foot space for each two boat slips.
8. Signs. Those signs that identify commercial activity shall be placed and designated so as not to distract the general public.
9. Wastewater disposal facilities. Wastewater disposal facilities shall meet the requirements of the regulatory agencies having jurisdiction.
10. Fire prevention. Firefighting or fire prevention equipment shall be as specified by the local fire district in which the marina is located.
11. Siting standards. Marinas shall meet all of the following requirements:
a. All proposed marinas shall comply with the site plan review procedures contained within this chapter;
b. All proposed marinas shall comply with all applicable regulatory requirements of state and federal agencies including but not limited to State Department of Health and Environmental Control (DHEC) and U.S. Army Corps of Engineers;
c. All proposed marinas shall require review and approval in accordance with the special exception procedures of this chapter;
d. New marinas, which includes all structures defined as marinas in § 153.013, are not allowed in waters classified for shellfish harvesting, except for any lock harbor, dry stack, or expanded existing marina that does not close any additional waters for shellfish harvesting, as provided by DHEC;
e. Marinas should be located in areas that will have minimal adverse impact on wetlands, water quality, wildlife and marine resources, or other critical habitats; and
f. Approval of this particular use by the town shall not relieve the recipient (use) of responsibility for complying with all other applicable requirements of any other local, county, state, or federal agency. In addition, approval by the town does not guarantee nor recommend approval from any other legal entity or governmental agency.
(F) Standards for commercial docks that are not marinas. A COMMERCIAL DOCK(S) is a docking facility used for commercial purposes. A commercial dock is not necessarily a marina, a boat yard, or a dry storage facility but shall be subject to the following standards.
(1) All proposed commercial docks shall comply with the site plan review procedures contained within this chapter.
(2) All proposed commercial docks shall comply with all applicable regulatory requirements of state and federal agencies including but not limited to State Department of Health and Environmental Control (DHEC) and U.S. Army Corps of Engineers.
(3) All proposed commercial docks shall require review and approval in accordance with the special exception procedures of this chapter.
(4) All proposed commercial docks must meet the density, intensity, and dimensional standards of § 153.092(E)(3)(b)1.
(5) Project proposals shall include facilities for the proper handling of litter, waste, refuse, and petroleum products in accordance with DHEC regulations.
(6) New commercial docks are not allowed in waters classified for shellfish harvesting if their proposed uses would result in closure of additional waters for shellfish harvesting, as provided by DHEC.
(7) Commercial docks shall be located in areas that will have minimal adverse impact on wetlands, wildlife and marine resources, or other critical habitats;
(8) A boat ramp may be allowed at a commercial dock subject to division (D) above.
(9) Approval of this particular use by the town shall not relieve the recipient (use) of responsibility for complying with all other applicable requirements of any other local, county, state, or federal agency. In addition, approval by the town does not guarantee nor recommend approval from any other legal entity or governmental agency.
(G) Legal nonconforming water-dependent uses. Any water-dependent use, as defined by this section, that is a legal nonconforming use, has been permitted or application has been made for permitting to the state existing prior to June 17, 2008, shall be considered an existing water-dependent use for the purposes of this section. Any expansion of the existing use that is more intense or increases by 25% or more of the use shall be subject to all provisions contained within this section.
(Ord. 2012-06, § 5.3, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)