(A) Statement of findings. The Folly Road Corridor Overlay Zoning District (FRC-O) fronts on the east and west sides of Folly Road from its intersection with Tatum Road south to Folly River, as shown on the map titled “Folly Road Corridor Overlay Zoning District.” Folly Road is the main thoroughfare on James Island and the only route leading to Folly Beach. As such, it carries a large number of vehicles each day. Moreover, some of the properties along Folly Road are located within the jurisdictional limits of the town, the City of Folly Beach, the City of Charleston, and unincorporated Charleston County. The FRC-O District was adopted to implement traffic safety measures, to improve the visual character of the corridor, and to create consistency between the town, the City of Folly Beach, the City of Charleston, and unincorporated Charleston County concerning land use and design standards.
(B) Purpose and intent. The purpose of the FRC-O, Folly Road Corridor Overlay Zoning District, is to create a corridor that is well-planned and attractive through the implementation of consistent land use and design standards with adjacent jurisdictions and utilizing traffic safety measures and access management for vehicles and pedestrians to ensure safe and efficient traffic movement.
(C) Effect of overlay zoning district. The FRC-O Folly Road Corridor Overlay Zoning District regulations of this section apply in addition to the underlying (base) zoning district and all other applicable regulations of this chapter to impose different development rules for properties within the overlay zoning district. In case of conflict between the regulations of this section and other regulations in this chapter, the regulations of this section shall control. These district regulations are intended to be consistent with similar regulations adopted by the county and the City of Charleston. Legally established existing development that does not meet the requirements as described in this section shall be considered legal nonconforming and shall be subject to the legal nonconforming requirements of this chapter.
(D) Applicability. The standards of this section shall apply to all development within the FRC-O District, as shown on the maps titled “Folly Road Corridor Overlay Zoning District,” “North Village Area,” “Commercial Core Area,” “South Village Area,” “Neighborhood Preservation Area,” and “Conservation Area,” except single-family residential development.
(E) Coordination with adjacent jurisdictions. A letter of coordination from the town, the county, City of Charleston, and City of Folly Beach (dependent upon jurisdiction) shall be required as part of all land development applications with the exception of applications for single-family detached residential uses. The purpose of the letter of coordination is to ensure that each jurisdiction is aware of proposed development and that there is consistency in land use, density/intensity and dimensional standards, and design and development standards adopted by the jurisdictions. Coordination with applicable town, city, or county: Council, Planning Commission, staff, Design Review Board, or other review, recommendation, or decision-making bodies may be required.
(F) Development standards and requirements (all areas). The following development standards and requirements apply to all parcels within the Folly Road Corridor Overlay District in addition to the requirements described in each of the five areas. All non-single-family detached development applications shall, at the time application is made, provide proof that the following requirements will be met:
(1) Vehicle access.
(a) All parcels in this overlay with a future land use designation of OR (Office Residential) are allowed one curb cut per 150 feet of road frontage; all other commercial uses are allowed one curb cut every 250 feet. Single-family detached residentially zoned parcels and parcels containing single-family detached residential uses shall be exempt from this requirement.
(b) The minimum distance from a street intersection for new residential or commercial use access is 75 feet measured from the edge of the intersecting roadway to the beginning of the driveway radius. These minimum spacing requirements will be increased if a right-turn deceleration lane is required and shall equal the length of the turn lane and taper plus an additional distance of 50 feet.
(c) As a condition of nonresidential use zoning/rezoning, a suitable access management plan must be submitted demonstrating that the driveway separation requirements can be met. The following techniques may be employed to achieve this result, but the burden of accomplishing the desired effect remains with the developer of the property:
1. Aggregation of parcels;
2. Parallel frontage or “backage” roads;
3. Shared curb cuts between adjoining properties; and
4. Shared access easements between parcels.
(2) Traffic study. A traffic impact analysis shall be required in all instances in which the proposed developmental area exceeds five acres or 100 peak hour vehicle trips. Such traffic impact analysis shall be prepared by an independent planning or engineering firm and shall be provided to the municipality or jurisdiction for review simultaneous with submission of the preliminary site plan for consideration.
(3) Pedestrian access. Bike and pedestrian ways shall be included in site design and shall provide a continual link access to adjacent parcels, as well as within the development area. Grade-separated pedestrian walkways must provide a direct connection from the street to the main entrance, and to abutting properties. Pedestrian walkways must be designed and located in a manner that does not require pedestrians to walk through parking lots or cross driveways and sidewalks may be allowed in right-of-way buffers.
(4) Building height. Maximum 35-foot height, excluding previously approved planned developments.
(5) Signs. In addition to the requirements in § 153.341, all free-standing signs shall meet the following requirements:
(a) Reserved;
(b) Maximum six-foot height and 40 square feet in the North/South Village, Neighborhood Preservation, and Conservation Areas;
(c) Maximum eight-foot height and 50 square feet in the Commercial Core Area;
(d) Shared shopping center signs shall be allowed with a maximum ten-foot height and 100 square feet;
(e) Internal illumination shall be allowed for all areas except the Neighborhood Preservation and Conservation Areas which shall utilize external illumination;
(f)
Electronic message board signs shall be prohibited (except for civic/institutional uses when approved by Zoning Administrator); and
(g) All legal nonconforming signs located in the Folly Road Corridor Overlay Zoning District shall remain legal nonconforming until removed or replaced.
(6) Rethink Folly Road Standards. The following development standards and requirements apply to all parcels within the Folly Road Corridor Overlay District in addition to the requirements described in each of the five Areas. All non-single family detached development applications shall, at the time application is made, provide proof that the following requirements will be met:
(a) A separated 12-foot multi-use path along the frontage of the parcel shall be installed. Required ROW buffer plantings can be reduced to accommodate the path if space is limited. The Zoning Administrator shall be authorized to reduce the width of the required multi-use path if conditions exist that would render the required width unfeasible.
(b) Required bicycle parking shall be installed in accordance with
§ 153.332(J).
(G) North Village Area. (City of Charleston and Charleston County). The North Village Area extends from Crosscreek/Tatum Street to Oakpoint Road (Ellis Creek Area) as illustrated on the FRC-O map entitled “North Village.” Parcels in this area are within the jurisdiction of the City of Charleston and unincorporated Charleston County. This area currently consists of mixed medium and low intensity commercial such as shopping centers, professional office, and vehicle services. There are also higher intensity residential uses such as apartment complexes. This area is intended to have less intense commercial uses than the commercial uses found in the Commercial Core Area, particularly along the north side of Central Park Road and west side of Folly Road. This area is not intended for large scale commercial development such as big box stores or mega-shopping centers. Future development in this area is to be a mix of medium to lower intensity commercial, office, and residential uses with increased buffers along Folly Road for more intensive commercial uses. The following commercial recommendations apply to parcels within the North Village Area as indicated on the map. All development applications shall, at the time application is made, provide proof that the following requirements will be met:
(1) Permitted uses. Shall include those allowed in the Residential Office (OR), General Office (OG), and Neighborhood Commercial (CN) Zoning Districts as indicated on the overlay map and as described in Table 153.110, Use Table.
(a) Prohibited uses. Vehicle sales (new or used), hotels and motels.
(2) Buffers.
(a) A minimum 25-foot vegetated right-of-way buffer shall be required along Folly Road in the CN or OG designated areas;
(b) A minimum 15-foot vegetated right-of-way buffer shall be required along Folly Road in the OR designated areas;
(c) In the CN or OG designated use areas, a minimum 20-foot rear vegetated buffer shall be required adjacent to residential uses;
(d) In the OR designated use areas, a minimum 15-foot vegetated rear buffer shall be required adjacent to residential uses; and
(e) Where appropriate, fencing may be required to screen adjacent or surrounding residential uses. When a minimum six-foot height, opaque fence or wall is utilized, the Zoning Administrator may reduce the land use buffer by up to half its required depth when deemed appropriate; however, no required vegetated buffer shall be less than ten feet in depth.
(H) Commercial Core Area. (Town of James Island and City of Charleston). This area is the gateway and commercial center to the town and extends from Oak Point Road (Ellis Creek Area) to Prescott Street as shown on the FRC-O map entitled “Commercial Core.” Parcels in this area are primarily within the town with a few parcels within the City of Charleston. This area consists of higher intensity commercial uses such as chain type restaurants, vehicle service and repair, drug stores, and shopping centers with minimal buffering along Folly Road. Future development in this area is intended for higher intensity commercial uses than those found in the other areas of the corridor. Future development in this area should place high priority on pedestrian connectivity between businesses and neighborhoods with attractive planted streetscapes and building architecture. The following commercial recommendations apply to parcels along Folly Road as indicated on the map. All development applications shall, at the time application is made, provide proof that the following requirements will be met:
(1) Permitted uses. Shall include those allowed in the Community Commercial (CC) Zoning District as indicated on the overlay map and as described in Table 153.110, Use Table.
(a) Prohibited uses. Self-service storage/mini warehouses, vehicle sales (new or used), hotels and motels.
(2) Uses requiring special exception. Liquor, beer, or wine sales (as defined in this chapter), bar or lounge, consumer vehicle repair, fast- food restaurant, gasoline service stations (with or without convenience stores), indoor recreation and entertainment, vehicle service.
(3) Buffers.
(a) A minimum of a 15-foot vegetated right-of-way buffer shall be required along Folly Road.
(b) A minimum of a 25-foot rear vegetated buffer shall be required adjacent to residential uses; and
(c) Fencing may be required to screen adjacent or surrounding residential uses. When a minimum six-foot height, opaque fence or wall is utilized, the Zoning Administrator may reduce the land use buffer by up to half its required depth when deemed appropriate; however, no required vegetated buffer shall be less than ten feet in depth.
(I) South Village Area. (City of Charleston, Town of James Island, Charleston County). The South Village Area extends from Prescott Street to Rafael Lane as illustrated on the FRC-O map entitled “South Village.” Parcels in this area are within the jurisdiction of the town and the City of Charleston, with a few parcels in unincorporated Charleston County. This area currently consists of mixed high to medium intensity commercial development along the west side of Folly Road such as shopping centers, big box stores, and consumer services, and small scale offices and residential uses along the east side of Folly Road. This area is intended to be developed similar to the North Village Area with less intense commercial development than the Commercial Core Area. This area is intended to have a mix of high to medium intensity uses along the west side of Folly and low intensive development on the east side of Folly Road. Future development in this area is to be a mix of commercial and residential uses with increased right-of-way buffers along the west side of Folly Road increased land use buffers on both sides of Folly Road when commercial development occurs adjacent to single-family detached residential uses. The following commercial recommendations apply to parcels within the South Village Area as indicated on the map. All development applications shall, at the time application is made, provide proof that the following requirements will be met:
(1) Permitted uses. Shall include those allowed in the Residential (R), Residential Office (OR), and Neighborhood Commercial (CN) Zoning Districts on the east side of Folly Road and Community Commercial (CC) Zoning Districts on the west side of Folly Road as indicated on the overlay map and as described in Table 153.110, Use Table.
(a) Prohibited uses. Self-service storage/mini warehouses, vehicle sales (new or used), hotels and motels.
(2) Uses requiring special exception. Vehicle storage, boat/RV storage, bar or lounge, consumer vehicle repair, fast-food restaurant, gasoline service stations (with or without convenience stores), indoor recreation and entertainment, vehicle service.
(3) Buffers.
(a) A minimum 15-foot vegetated right-of-way buffer shall be required along the east side of Folly Road and a minimum 35-foot vegetated right-of-way buffer shall be required along the west side of Folly Road.
(b) A minimum 20-foot vegetated rear buffer shall be required adjacent to residential uses.
(c) Fencing may be required to screen adjacent or surrounding residential uses. When a minimum six-foot height, opaque fence or wall is utilized, the Zoning Administrator may reduce the land use buffer by up to half its required depth when deemed appropriate; however, no required vegetated buffer shall be less than ten feet in depth.
(J) Neighborhood Preservation Area. (Charleston County, City of Charleston). The Neighborhood Preservation Area extends from Rafael Lane to Battery Island Drive as illustrated on the FRC-O map entitled “Neighborhood Preservation.” This area consists primarily of low-intensity residential uses with some commercial development primarily along the northwest area of Folly Road. This portion of the overlay district is to provide an appropriate transition from the more intense commercial development on James Island before entering the Conservation Area and the City of Folly Beach by preserving the existing low density residential character. The following commercial and residential recommendations apply to parcels along Folly Road as indicated on the map. All development applications shall, at the time application is made, provide proof that the following requirements will be met:
(1) Permitted uses. Shall include those allowed in the Special Management (S3) and Neighborhood Commercial (CN) Zoning Districts as indicated on the overlay map and as described in Table 153.110, Use Table.
(a) Prohibited uses. Vehicle sales (new or used), hotels and motels.
(2) Uses requiring special exception. Liquor, beer, or wine sales (as defined in this chapter), bar or lounge.
(3) Building size. No single building structure shall exceed 5,000 square feet.
(4) Buffers.
(a) A minimum of a 25-foot vegetated right-of-way buffer shall be required along Folly Road in the commercial area which may be reduced to 15 feet when there is no parking or vehicular use area between buildings and right-of-way.
(b) A minimum of a 20-foot vegetated rear buffer shall be required adjacent to residential uses.
(c) Fencing may be required to screen adjacent or surrounding residential uses. When a minimum six-foot height, opaque fence or wall is utilized, the Zoning Administrator may reduce the land use buffer by up to half its required depth when deemed appropriate; however, no required vegetated buffer shall be less than ten feet in depth.
(K) Conservation Area. (Charleston County, City of Folly Beach). The Conservation Area extends from Battery Island Drive to Folly River as illustrated on the FRC-O map entitled “Conservation.” This area is intended to be the least intensely developed area of the overlay zoning district and is to provide a natural scenic open space before entering the City of Folly Beach by preserving the marsh views and vistas of this area. The following commercial and residential recommendations apply to parcels along Folly Road as indicated on the map. All development applications shall, at the time application is made, provide proof that the following requirements will be met:
(1) Permitted uses. Shall include those allowed in the Neighborhood Commercial (CN) and the Special Management (S3) Zoning District.
(a) Prohibited uses. Vehicle sales (new or used), hotels and motels.
(2) Uses requiring special exception. Liquor, beer, or wine sales (as defined in this chapter), bar or lounge, consumer vehicle repair, fast- food restaurant, gasoline service stations (with or without convenience stores), indoor recreation and entertainment, vehicle service, hotels and motels.
(3) Buffers.
(a) A minimum of a 25-foot vegetated right-of-way buffer shall be required along Folly Road in the Commercial Area which may be reduced to 15 feet when there is no parking or vehicular use area between buildings and right-of-way.
(b) A minimum of a 20-foot vegetated rear buffer shall be required adjacent to residential uses.
(c) Fencing may be required to screen adjacent or surrounding residential uses. When a minimum six-foot height, opaque fence or wall is utilized, the Zoning Administrator may reduce the land use buffer by up to one-half its required depth when deemed appropriate; however, no required vegetated buffer shall be less than ten feet in depth.
(Ord. 2012-06, § 5.4, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013; Ord. 2013-12, passed 11-21-2013; Ord. 2017-01, passed 2-16-2017; Ord. 2018-04, passed 6-21-2018; Ord. 2018-07, passed 8-16-2018; Ord. 2019-04, passed 8-15-2019; Ord. 2020-01, passed 3-19-2020; Ord. 2020-02, passed 3-19-2020; Am. Ord. 2020-04, passed 5-21-2020)