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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. For any terms not defined herein, the applicable definition from Black's Law Dictionary shall be used.
ACCESSORY BUILDING, STRUCTURE, OR USE. A building, structure, or use customarily incidental and subordinate to, and detached from, the principal use or building and located on the same lot with such principal use, uses, or building.
ACTIVITY ZONE. The improved area located between the street right-of-way and the build-to line, which has been approved through the Design Review Process and which may be utilized for pedestrian- friendly uses, such as but not limited to, streetside dining, entertainment, pushcarts, or outdoor display of merchandise.
ADULT USES. Any business or activity located on a premises, or portion thereof utilized as an adjunct to some other business activity but which constitutes a major attraction to the premises, from which minors are generally excluded and in which a substantial portion of its stock-in-trade involve the sale, rental, or viewing of materials that are characterized by their emphasis on sexual subject matter, or where activities are conducted that are distinguished or characterized by an emphasis on exposing, depicting, describing or otherwise relating to specified sexual activities or specified anatomical parts.
AGRICULTURAL STORAGE. The keeping of materials and/or equipment related to an agricultural use either outdoors or inside a structure.
ALLEY. An improved private right-of-way used primarily as a secondary means of access to the side or rear of properties whose principal frontage is on another street.
ALTER. As applied to a building or structure, a change or rearrangement in the structural parts, or in the exit 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.
ALTERATIONS OF BUILDING. Any change in the supporting members of a building, such as bearing walls, columns, beams, girders, or floor joists.
AMENITY BUILDINGS OR FACILITIES. Those features of a residential development designed for and intended to serve residents of the development, which may include, but are not limited to, swimming pools, tennis courts, fitness rooms, picnic areas, play fields, walking trails, docks, boat launches, and boat storage.
AMUSEMENT CENTER. Any privately-owned or operated establishment, whether operated for profit or not for profit, which houses six or more mechanical or electronic amusement devices, and either:
(1) Has as its chief, leading, main, or most considerable and important activity the operation of mechanical or electronic amusement devices; or
(2) Obtains 25% or more of its gross receipts from the operation of mechanical or electronic amusement devices.
AMUSEMENT DEVICE, MECHANICAL OR ELECTRONIC. Any machine, device, or game that permits a person or operator of the same to use the device as a game, contest of skill, or amusement. It shall include, but not be limited to, pinball machines, skill ball, bowling machines, billiard and pool tables, and video games, and specifically includes a computer or similar device used, in whole or in part, for gaming or amusement.
ANIMAL BOARDING FACILITY OR DAYCARE. A commercial establishment where dogs, cats, or other household pets are kept for any length of time. Such establishment may offer ancillary services, such as grooming.
ANIMAL HUSBANDRY. The practice of raising and managing any domestic animals other than customary household pets, including breeding, pasturing, ranching, and sales of animals, but not concentrated animal feeding operations.
ANIMAL SHELTER. An establishment where stray or abandoned dogs, cats, or other household pets are kept, boarded, treated, and/or groomed for purposes of adoption by members of the public.
ANNUAL MEETING SCHEDULE. A schedule of all regular meetings of appointed and elected officials of the Town of Mount Pleasant, published no later than December of each year and which maybe amended from time to time.
APICULTURE. Beekeeping, which includes one or more hives or boxes occupied by honeybees (hives or boxes include colonies), but does not include honey houses, extraction houses, warehouses, or appliances.
APPLICANT. A property owner or any person or entity acting as an agent for the property owner in an application for permits or other approval required by this chapter.
AQUACULTURE. The growing or propagation of harvestable freshwater, estuarine, or marine plant or animal species.
AREA, FLOOR. The total number of square feet of floor space within the exterior walls of a building, not including space in cellars, basements, or unfinished attics.
AREA, FOOTPRINT. The portion of the lot area that is covered by the maximum horizontal cross- section of any portion of a building or structure and includes any two-dimensional coverage, specifically including such elements as steps, decks, terraces, and roof and eave structure.
AREA, LOT. The total square footage of the horizontal surface within the boundary lines of a lot.
AREA, SITE. The total area within the property lines of a project, excluding external streets.
ARTISAN (includes ARTIST, CRAFTSMAN). A person skilled in an applied art, artistic, or craft discipline.
ARTISAN WORKSHOP (includes ARTIST STUDIO). An establishment for the preparation, display, and/or sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven article, baked or prepared food and drink, watercraft, and similar items by one or more artisans.
AVIATION FACILITY. A location where aircraft such as fixed-wing, rotary wing, or lighter- than-air aircraft, helicopters, and/or blimps take off and land. Aircraft may be stored or maintained at an aviation facility. An AVIATION FACILITY consists of at least one surface such as a runway for a plane to take off and land or a helipad, and often includes buildings such as control towers, hangars, and terminal buildings.
BAR (includes NIGHTCLUB, LOUNGE). An establishment serving alcoholic beverages for on-site consumption as the primary use.
BASEMENT (includes CELLAR). A portion of a building partly underground with more than half of its height, measured from finished floor to finished ceiling, above the average grade of the adjoining ground; and not deemed a story unless the ceiling is six feet or more above the grade.
BOARDING HOUSE. See DWELLING, GROUP.
BOAT LAUNCH OR DOCK. A facility for launching and/or mooring boats that is available for use by the general public and for which a user fee may or may not be charged. Also includes associated parking areas.
BOAT LAUNCH OR DOCK, NEIGHBORHOOD. A facility for launching and/or mooring boats located within a residential area and intended primarily for use by residents of the immediate area. Also includes associated parking areas.
BOAT LAUNCH OR DOCK, PERSONAL. A facility for launching and/or mooring boats located on an individual residential parcel and intended solely for use by the parcel owner.
BODY PIERCING. The creation of an opening in the body of a person so as to create a permanent hole for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of the lip, tongue, nose, eyebrow and the cartilaginous portion of an ear. For the purpose of this chapter, BODY PIERCING does not include piercing of the ear lobe.
BONA FIDE FORESTRY OPERATIONS. See FORESTRY OPERATIONS, BONA FIDE.
BREWERY. A facility used for the commercial purpose of the production of beers, ales, and similar beverages. The facility may incorporate all aspects of production including aging, storage, bottling, wholesale sales, warehousing, and administrative office functions. Retail sales, tasting facilities, and event facilities may be permitted as part of the facility operations.
BUILD-TO LINE. The line at which construction of a building façade is to occur on a parcel. A BUILD-TO LINE runs parallel to the street right-of-way and is established to create a generally consistent building line along a street.
BUILDABLE AREA. The maximum two- dimensional space on a lot within which a structure or structures can be built, as permitted by applicable setback and buffer requirements.
BUILDING. Any structure having a roof supported by columns or walls, for the shelter, housing, or enclosure of any individual, animal, activity, process, equipment, goods, or materials of any kind, exclusive of mailboxes, birdhouses, or similar construction. The term BUILDING shall be construed as if followed by the words “or part thereof.”
BUILDING FOOTPRINT. All parts of a building that rest, directly or indirectly, on the ground, including, but not limited to: garages, bay windows with floor space, chimneys, porches, decks, cantilevered floor space or decks, and covered breezeways or walkways.
BUILDING COVERAGE. The proportion of the lot area, generally expressed as a percent, that is covered by the building footprint. Buildings which are completely below the finished lot grade, including subgrade basements, shall not be included in building coverage.
BUILDING HEIGHT. Height shall be measured vertically from the highest point on a structure, to the ground level of the grade where the walls or other structural elements intersect the ground, unless otherwise specified in this chapter.
BUILDING LINE (includes SETBACK). That line which represents the minimum distances, when measured at right angles, which a building or structure must be placed from a lot line in accordance with the terms of this chapter. Front and rear yards should be located along the width of the lot (shorter dimension) and side yards should be located along the length of the lot (longer dimension), both regardless of lot and building orientation so as to provide the greatest amount of buildable area.
BUILDING, PRINCIPAL. See STRUCTURE, PRINCIPAL.
CAMPGROUND OR CAMPSITE. A nonresidential use of a parcel of land for temporary overnight use by tents or cabins for which a fee may be charged. Tent camping areas may include site improvements, such as gravel pads, parking areas, fire pits, or tent platforms, but may not have permanent utility hookups. Cabins may have utilities such as electricity, water, sewer, telephone, or cable television.
CAR WASH (includes SELF-SERVICE CAR WASHES). A building, or portion thereof, where vehicles and watercraft are cleaned. A car wash may include washing, drying, vacuuming, and/or tire- filling services.
CELLAR. See BASEMENT.
CLUB, LODGE, OR FRATERNAL ORGANIZATION. An incorporated or unincorporated association for civic, 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.
CLUSTER DEVELOPMENT. A subdivision design technique recognized by the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, as amended, that concentrates development in specific areas of a site. It allows the grouping of residential uses within a subdivision, permitting a reduction in the otherwise applicable lot size, while preserving substantial open space on the remainder of the parcel.
COMMERCIAL NURSERY OPERATIONS. An establishment where trees, shrubs, vines, and other plant stock are grown, propagated, and/or stored, for the purpose of sale or wholesale. Ancillary items, such as mulch, sand, gravel or similar materials; and seasonal items, such as Christmas trees and pumpkins, may be sold in addition to plants, but must clearly be incidental to the primary use.
COMMERCIAL RECREATION AND ENTERTAINMENT. See RECREATION AND ENTERTAINMENT, COMMERCIAL.
COMMUNITY GARDEN. A grouping of garden plots available for small-scale cultivation by members of the general public.
COMMUNITY SERVICE FACILITY. A noncommercial establishment intended primarily for the benefit and service of the general public of the community in which it is located. Such facilities may have membership provisions that allow the general public to join at any time. Examples include, but are not limited to, community centers, community health clinics, senior centers, East Cooper Community Outreach facilities, and Meals on Wheels facilities.
CONDOMINIUM. Refers to a form of ownership, not an actual structure. A unit in a series or in a multi-unit type structure, which may be owned or leased by an individual, firm, or corporation, that may have common use of all related activities associated with the structure; or as defined in state law as a horizontal property regime.
CONTINUING CARE RETIREMENT COMMUNITY (CCRC). A development in which seniors may reside throughout all stages of their retirement. A CCRC generally includes a full range of living arrangements, progressing from independent living, to assisted living, to Alzheimer's and skilled nursing care for dependent residents. Such facility may also include in-patient and/or out-patient rehabilitation services for individuals of any age. Such facility need not include all of the aforementioned living arrangements, but a range of care services and living arrangements should be provided in order for a facility to be considered a CCRC.
CROP, GREENHOUSE, HORTICULTURAL, OR HYDROPONIC PRODUCTION. The growing, harvesting, and/or processing of fruits, vegetables, medicinal plants, and/or landscape plant materials.
CULTURAL FACILITY. An establishment providing for the display, preservation, and/or exhibition of objects of historical or cultural interest. Examples of this use include, but are not limited to, museums, libraries, historical sites, botanical gardens, nature exhibitions, environmental education facilities, and interpretive centers.
CULTURAL FESTIVALS AND EVENTS. Commemorations, celebrations, or gatherings of special importance to the community, such as, but not limited to, concerts, holiday/seasonal events, food festivals, ethnic festivals, craft fairs, and reenactments.
DAYCARE FACILITY. A facility which provides care, protection, and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day.
DENSITY. The number of dwelling units per acre of land within the boundaries of a residential project, including lands or parcels designated for support of the development.
DESIGN REVIEW PROCESS. The procedure for evaluation of certain developments to ensure compliance with the requirements of this chapter. Generally, non-residential and mixed-use developments are subject to this process; however, the applicability of this process to a particular development depends upon the specific zoning of the property on which the development is or will be located.
DISTILLERY. A facility used for the commercial purpose of the production of liquors and similar beverages. The facility may incorporate all aspects of production including aging, storage, bottling, wholesale sales, warehousing, and administrative office functions. Retail sales, tasting facilities, and event facilities may be permitted as part of the facility operations.
DISTRIBUTION TERMINAL. An establishment engaged in the storage or movement of goods, such as manufactured products, supplies, equipment, or food. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present.
DRY STACK WATERCRAFT STORAGE. A facility for storing boats out of water. This is principally a land operation, where boats are dry stored or “stacked” until such time as they are transferred to the water for use.
DWELLING. A building or portion of a building arranged or designed to provide complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
DWELLING, ACCESSORY. A separate housing arrangement within, attached to, or detached from a single-family dwelling unit (not including townhouses), which includes its own dedicated entrance from the outdoors and a kitchen and bath separate from those contained within the principal structure, and therefore functions as a complete living unit.
DWELLING, ATTACHED SINGLE-FAMILY. See DWELLING, TOWNHOUSE.
DWELLING, BIG HOUSE. A building containing between two and six dwellings that is articulated to appear more like a detached single- family dwelling than an apartment building. This dwelling type has the appearance of a medium- or large-sized family home, typically with one shared entry, and is appropriately scaled to fit within primarily single-family neighborhoods.
DWELLING, DETACHED SINGLE-FAMILY. See DWELLING, SINGLE-FAMILY.
DWELLING, DUPLEX (includes TWO-FAMILY DWELLING). A detached or semi-detached building designed for, or occupied exclusively by, two families living independently of each other.
DWELLING, GROUP. A building or portion of a building occupied or intended for occupancy by more than three unrelated persons, but in which separate cooking facilities are not provided for such residents, persons, or families. Examples include, but are not limited to, boarding house, rooming house, fraternity house, or sorority house. A hotel, motel, boutique hotel or inn shall not be deemed a group dwelling as defined herein.
DWELLING, GROUP CARE. A staffed residence providing meals, supervision, education, counseling, treatment, therapy, and/or other support services for elderly or physically, emotionally, and/or mentally disabled individuals.
DWELLING, MULTI-FAMILY. A building 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 dwellings provided. Each multi-family living unit constitutes a dwelling.
DWELLING, SINGLE-FAMILY (includes DWELLING, DETACHED SINGLE-FAMILY). A detached building, other than a manufactured home, designed for or occupied exclusively by one family. This definition includes dwellings built using modular construction methods.
DWELLING, TOWNHOUSE (includes DWELLING, ATTACHED SINGLE-FAMILY). One of a series of three or more separate attached single- family dwellings that:
(1) May or may not have a common roof;
(2) Share at least one common wall;
(3) Are separate from each other by a fire- resistance-rated wall assembly, as required in the adopted building code; and
(4) Are sold as individual lots of record.
ELIGIBLE IMPROVEMENTS. Additions, renovations, or other changes made to a dwelling unit that are permanent in nature and clearly add to the long-term market value of the dwelling unit, such as, but not limited to, additions containing conditioned space, screened porches, decks, patios (other than concrete slab), and improvements related to energy and water efficiency. Normal maintenance, repair work, or improvements that are strictly cosmetic in nature are not considered eligible improvements. Purchase of household appliances such as, but not limited to, refrigerators, stoves, and dishwashers, shall not be considered an ELIGIBLE IMPROVEMENT.
ENTERTAINMENT AND RECREATION, COMMERCIAL. See RECREATION AND ENTERTAINMENT, COMMERCIAL.
ENTERTAINMENT, HIGH-IMPACT. Predominantly large-seating capacity spectator uses with the potential for high vehicle trip generation and/or which has a greater potential for nuisance to adjacent properties due to noise, light, or glare. Examples include but are not limited to, large-scale event venues, and professional sports venues.
EQUESTRIAN FACILITY. An establishment where horses are boarded and/or used for rentals, riding lessons, shows, training, or the like.
EVENT VENUE. A commercial facility used for the hosting of events such as, but not limited to, weddings, parties, or meetings, which does not meet the definition of high-impact entertainment.
FACILITY. A building, structure, or space established for a particular purpose.
FAMILY. The following groups of persons and no others:
(1) Any number of persons related by blood, marriage, adoption, or under approved foster care, and living and cooking together as a single housekeeping unit, plus not more than two unrelated roomers, boarders, or domestic employees; or
(2) No more than three unrelated persons living and cooking together as a single housekeeping unit.
FLEX SPACE. A facility containing a combination of office and any one or more of the following uses: warehouse, distribution, and/or showroom facilities.
FLOOD PLAIN. Those areas subject to periodic inundation by large floods that occur with calculable flood frequency, and subject to flooding that may reasonably be expected to cause damage or hazard of damage sufficient to justify protection therefrom.
FLOOR AREA. See AREA, FLOOR.
FLOOR AREA RATIO (FAR). Expresses the relationsh ip between the amount of useable floor area permitted in a building or buildings and the area of the lot on which the building stands. It is obtained by dividing the gross floor area of a building by the total area of the lot. The diagram below illustrates three ways that a FAR of 1.0 might be achieved: a one-story building covering the entire lot, a two-story building covering half the lot, or a four-story building covering one quarter of the lot.
FOOTPRINT AREA. See AREA, FOOTPRINT.
FORESTRY OPERATIONS, BONA FIDE. BONA FIDE FORESTRY OPERATIONS shall mean that the property is eligible for, and actually used for forestry or timber operations, and written application has been approved by the Charleston County Assessor for the special assessment for agricultural use for the property in question pursuant to S.C. Code § 12-43-220, S.C. Department of Revenue Regulation 117-1780.1., and other applicable statutes, rules, and regulations.
GAS STATION. A place where gasoline is stored only in underground tanks, and kerosene, lubricating oil and grease for operation of automobiles, trucks, or watercraft are offered for sale at retail directly to the public on premises.
GOLF COURSE. A facility, other than a miniature golf course, for the playing of golf, at which there may be a clubhouse including restrooms and locker rooms. A golf course may provide additional services customarily furnished such as swimming pools, tennis courts, play fields, park land, driving ranges, and related retail sales that may include a restaurant and cocktail lounge.
GOVERNMENT FACILITY. A building, structure, or space owned, operated, and/or occupied by a government agency.
HOME-BASED BUSINESS. An occupation, profession, or trade customarily carried on by an occupant in a dwelling unit or accessory structure as a secondary use, which is clearly incidental to the dwelling unit for residential purposes.
HOSPICE CARE FACILITY. A licensed facility providing palliative and supportive medical and health services to meet the physical, psychological, social, spiritual, and special needs of terminally ill patients and their families in a home-like setting.
HOTEL (includes MOTEL and EXTENDED STAY). A building or group of attached or detached buildings containing lodging units intended primarily for rental or lease to transients by the day, week, or month. Such uses generally provide additional services such as daily maid service, restaurants, meeting rooms, conference space, and/or recreation facilities.
HOTEL, BOUTIQUE (includes INN). A building or group of attached or detached buildings containing not more than 50 lodging units intended primarily for rental or lease to transients by the day, week, or month. Such uses may provide additional services such as daily maid service, restaurants, meeting rooms, and/or recreation facilities.
IMPERVIOUS SURFACE. Area covering the ground that is continuous and made of non-porous material. This material prevents rainwater from passing through impeding soil infiltration. It does not include elevated surfaces designed to allow rainwater to reach the soil underneath. Such structures and component of the like include uncovered timber decking, building eaves/overhangs, cantilevered balconies, and fence tops (caps). Any part of referenced components extending beyond the area covering the ground. Examples of impervious ground cover are a concrete or asphalt slab, driveway, sidewalk, patio, pool building footprint area, street, curbing and elevated covered decks. Any material is considered impervious when the Soil Conservation Service (SC) Curve Number is equal to or greater than 90.
INN. See HOTEL, BOUTIQUE.
KITCHEN. Any room principally used, intended, or designed to be used for cooking or the preparation of food. The presence of a range or oven, or utility connections suitable for servicing a range or oven, shall be considered as establishing a kitchen. The meaning of KITCHEN shall exclude a bar, butler's pantry, or similar room or portion of a room.
LOADING SPACE. A space within the main building or on the same lot, providing for the standing, loading, or unloading of trucks.
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 in accordance with municipal regulations, and the customary accessories and open spaces belonging to the same.
LOT AREA. See AREA, LOT.
LOT, CORNER. A lot at the junction of, and fronting on, two or more streets (but not alleys) at their intersection (lot “A” in diagram shown below).
LOT, DEPTH. The average 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 (but not alleys), at a point other than at their intersection, as distinguished from corner lot (lot “C” in diagram shown below).
LOT, INTERIOR. A lot other than a corner lot, having frontage on only one street other than an alley (lot “B” in diagram shown below).
LOT LINE. The legal boundary of a parcel.
LOT OF RECORD. An area designated as a separate and distinct parcel of land on a legally recorded deed and/or approved plat as filed in the official records of the Charleston County RMC Office.
LOT WIDTH. The distance between side lot lines as measured at the building line.
LOUNGE. See BAR.
MANUFACTURED HOUSING UNIT. A single-family dwelling unit designed to be transported after fabrication on its own wheels, or on flatbed or other trailers or detachable wheels; arriving at the site where it is to be occupied in a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, connection to utilities, and the like. Such housing units shall be installed in accordance with the manufacturer's installation manual; in the absence of such a manual, such housing units shall be installed in accordance with all applicable State installation regulations. This definition does not include modular buildings, which are certified as such by the South Carolina Modular Building Construction Act of 1984, S.C. Title 43, Chapter 43, 1976, as amended.
MANUFACTURING AND PRODUCTION. Businesses engaged in the processing, manufacturing, production, compounding, assembly, packaging, treatment or fabrication of materials and products from processed or previously manufactured materials. This definition shall include incidental storage, wholesale sales, and distribution of such products.
MARICULTURE. A specialized branch of aquaculture involving the cultivation of marine organisms in salt water, usually by enclosing a portion of a natural waterway but also in tanks or ponds.
MARINA. A facility for storage, servicing, fueling, berthing, or securing of boats.
MARINE SALVAGE OPERATIONS. The use of any part of a lot, whether inside or outside of a building, for the storage, dismantling, and/or sale of objects recovered from waterways.
MARINE WAREHOUSING. An establishment for the storage, wholesale, and distribution of manufactured marine equipment, products, and supplies. This term does not include self-storage facilities or flex space.
MARKET-RATE HOUSING. Housing priced according to prevailing market trends and sold with no restrictions on either the sale price or on the buyer's income.
MOBILE FOOD VENDING UNIT. A self- contained, vehicle-mounted food service unit that returns daily to its base of operation, as approved by DHEC, and is used for the preparation and/or sale of food products.
MOBILE FOOD VENDOR. A person selling food other than fresh fruit or vegetables from a mobile vendor unit. This definition shall not include solicitors, peddlers, or transient merchants.
MOBILE RETAIL VENDING UNIT. A truck, trailer, or similar conveyance, whether operated under its own power or towed to a location, from which non-perishable goods or merchandise are sold to individual customers.
MOBILE RETAIL VENDOR. A person selling retail, non-food products from a mobile retail vendor unit. This definition shall not include solicitors, peddlers, or transient merchants.
MOTOR VEHICLE. Any vehicle which is self- propelled, as defined in S.C. Code § 56-5-130. For purposes of this chapter, this definition shall include mopeds.
MOTOR VEHICLE OR WATERCRAFT SERVICE AND REPAIR. A business involving the upkeep, maintenance, and/or repair of motor vehicles and/or watercraft.
NEIGHBORHOOD GATHERING PLACE. An establishment intended for social meetings and low- intensity commercial uses offering services such as, but not limited to, beauty salons, barber shops, and neighborhood general stores, and in some cases serving food and drinks. These establishments are generally locally-owned and operated and are intended to serve the immediate community.
NIGHTCLUB. See BAR.
NONCONFORMING 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.
OFFICE, GENERAL. Use of a site for business, professional, or administrative offices, excluding medical offices. Typical uses include real estate, insurance, management, computer software or information systems research and development, or other business offices; organization and association offices; or law, architectural, engineering, accounting or other professional offices. Retail sales do not comprise more than an ancillary aspect of the primary activity of a general office.
OFFICE, MEDICAL. Use of a site for facilities which provide medical treatment, preventative care, and/or outpatient physical or mental health care on a routine basis, but which does not provide overnight care or serve as a base for an ambulance service. Medical offices are operated by doctors, dentists, psychiatrists, or similar practitioners licensed by the State of South Carolina. Retail sales do not comprise more than an ancillary aspect of the primary activity of a medical office.
OPEN SPACE. Land areas retained for use as active or passive recreation areas or for resource protection in an essentially undeveloped state. Open space areas should be contiguous or connected to each other by a pedestrian and bicycle path or sidewalk system. Open space areas intended for active or passive recreation use shall be of sufficient size so as to constitute meaningful and usable space. Open space areas may include high ground and wetland buffer areas, but do not include freshwater or saltwater wetlands.
OPEN SPACE, NATURAL. An essentially undisturbed area not occupied by any structure or impervious surface. Pervious pedestrian trails are permitted in natural open space areas.
OUTDOOR DINING. An open-air dining area of an eating and/or drinking establishment enclosed by three or fewer walls of the building in which the eating and/or drinking establishment is located. These areas may be open to the elements and temporarily enclosed by means such as fencing, walls, plastic, or other enclosing materials and methods due to inclement weather; these areas may not have amplified music. In the UC-OD, Urban Corridor Overlay District, these areas shall be located outside of the activity zone.
OUTDOOR STORAGE. The keeping, other than in a building, of any goods, materials, or merchandise on a parcel for any period of time.
PARCEL. A piece of land which can be owned and conveyed. Each parcel in Charleston County has a unique Parcel Identification (PID) or Tax Map Sequence (TMS) number.
PARKING SPACE. The area required for parking one vehicle.
PARKING SPACE, TANDEM. The arrangement of not more than two parking spaces in depth, wherein one space is located directly in front of another space, such that it is necessary to pass through one space in order to enter or leave the other space.
PARKING STRUCTURE (includes the terms PARKING GARAGE, PARKING DECK, PODIUM PARKING, and UNDERGROUND or UNDER- BUILDING PARKING). A structure designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of the structure.
PATIO. A level surfaced area adjacent to a building at finished grade, without permanent walls or a roof. A patio is typically constructed from concrete, brick, or other masonry material, including pervious pavers.
PERSONAL AND BUSINESS SUPPORT SERVICES. Establishments providing specialized services to individuals and organizations to assist with the maintenance of their person and effects or organizational needs. Such services include, but are not limited to, dry cleaners and laundries; tailors, dressmakers and alterations shops; cleaning services; beauty and barber salons; photography studios; computer and electronics repair; information technology services; and print and copy shops. These uses may also include ancillary retail sales of products related to the services provided.
PERSONAL IMPROVEMENT EDUCATION. Establishments providing specialized instruction and/or training in a particular subject or hobby to students of any age. Examples of this use include, but are not limited to, fine arts schools, including music, art, and dance; and driving schools for motor vehicles not requiring a Commercial Driver's License (CDL).
PERVIOUS SURFACE. A surface covering the ground that consists of porous or non-compacted loose material that allows water to pass through. Examples are manufactured pervious pavers and parking spaces, loose gravel, rocks and sand. It can be a monolithic slab of porous material if installed and maintained per manufacturer’s specifications. Pervious materials allow water to infiltrate to the underlying soil. Pervious areas will allow rainwater to reach the ground surface directly underneath.
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.
PORT. A facility for the docking, loading and unloading of ships.
PORTABLE STORAGE UNIT. Any container designed for the storage of personal property which is typically rented to owners or occupants of property for their temporary use and which is delivered and removed by truck.
PRELIMINARY STAFF REVIEW. A non- binding review of an Impact Assessment or a proposed new/amended Planned Development District by Department of Planning and Development staff required prior to formal submittal of the proposal to the Planning Commission and Town Council.
PRODUCTION STUDIO. A facility specially equipped for broadcasting, filming, and/or recording music, motion pictures, television shows, radio programs, and the like.
PUBLIC REALM. All exterior places, linkages, and built form elements that are physically and/or visually accessible regardless of ownership. These elements may include, but are not limited to, streets, pedestrian ways, bikeways, bridges, plazas, nodes, squares, transportation hubs, gateways, parks, waterfronts, natural features, view corridors, and landmarks. The PUBLIC REALM is organized into four categories: parks, streetscapes, coastal and waterfront areas, and public spaces. These categories may have differing ownership and maintenance arrangements, and are defined as follows:
(1) PARKS. Public open spaces within a community intended for active or passive recreational use.
(2) STREETSCAPES. The visual elements of a street, including the road, sidewalk, street furnishings, trees, and open spaces, that combine to form the street's character.
(3) COASTAL AND WATERFRONT AREAS. All land areas along the water's edge and the connections between these areas and the streetscape.
(4) PUBLIC SPACES. All open areas within a community visible to the public or for public gathering or assembly.
PUSHCART. A non-self-propelled vehicle designed to be readily moveable, from which merchandise or food is sold.
RECREATION AND ENTERTAINMENT, COMMERCIAL. Any establishment not meeting the definition of high-impact entertainment or high-impact recreation which receives a fee in return for providing the general public with an amusing or entertaining activity including, but not limited to, swimming pools, tennis facilities, bowling alleys, billiards, laser tag facilities, skating rinks, indoor go-karts, theatres, movie theatres, gyms, and fitness centers.
RECREATION, COMMUNITY. Recreational facilities and structures generally serving the area at large and having a greater impact on its surroundings than neighborhood recreation. Facilities may or may not charge a fee, but are generally not commercial establishments. Examples include, but are not limited to, multiple playing fields or courts, large-tract passive parks, pools, Alhambra Hall, and the G.M. Darby Building.
RECREATION, HIGH-IMPACT. Any commercial recreational establishment with the potential for high vehicle trip generation and/or which has a greater potential for nuisance to adjacent properties due to noise, light, or glare. Examples include but are not limited to outdoor go-karts, mini- golf, waterpark, and driving ranges.
RECREATION, NEIGHBORHOOD. Recreational facilities and structures generally serving a small area such as a subdivision and having a low impact on its surroundings. Facilities are generally not illuminated, and may or may not charge a nominal fee. Examples include, but are not limited to, courts and ball fields, playgrounds, and kayak launches.
RECREATIONAL VEHICLE. A vehicle which is built on a single chassis; designed to be self- propelled or permanently towable by a car, sport- utility vehicle, or light duty truck; and designed to be used as a temporary dwelling for travel, recreational, or vacation purposes. This definition includes pickup campers, converted buses, and pop-up campers.
RECREATIONAL VEHICLE PARK. A nonresidential use of a parcel of land for temporary overnight use by recreational vehicles for which a fee may be charged. Recreational vehicle camping areas may involve site improvements, such as concrete pads, parking areas, or fire pits, but may not include permanent utility hookups.
RECYCLING FACILITY. An establishment engaged in the collection, storage, transfer, and/or processing of recyclable materials. This does not include collection bins typically seen behind shopping centers or at government facilities.
(1) The rental or lease of a residential dwelling unit or portion thereof for a duration of less than 30 consecutive days; or
(2) Home-based business and tourist accommodations, including HOTEL (includes motel and extended stay), HOTEL, BOUTIQUE (includes inn) and similar accommodations located on property in a commercial zoning district are not considered SHORT-TERM RENTALS.
(3) This definition shall apply to any and all businesses that qualified as a bed and breakfast under previous town ordinances.
RESEARCH AND DEVELOPMENT FACILITY. An establishment in which an organization conducts investigative activities for the purpose of developing new products, procedures, or processes, or improving existing products, procedures, or processes. Such facility may include limited on-site production of related goods.
RESIDENTIAL TREATMENT FACILITY. An establishment providing for the assessment, diagnosis, treatment, and/or care of children, adolescents, or adults with mental illness, substance abuse, or other behavioral problems. Services may include educational programs, individual and family counseling programs, occupational training programs or facilities, and recreational facilities, all accommodated in a residential setting.
RESOURCE EXTRACTION. A use involving on-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operations, mining, and soil mining. Specifically excluded from this use is timber harvesting; silviculture; grading and removal of dirt associated with an approved site plan or subdivision; or excavations associated with, and for the improvement of, a bona fide agricultural use.
RESOURCE PROCESSING AND STORAGE. A use involving on-site separation or aggregation of mineral products and/or extracted natural resources, such as mulching or chipping, and/or storage of mineral products and/or extracted natural resources such as trees, dirt, and similar materials.
RESTAURANT, FAST FOOD. An establishment whose principal business is the sale of food and/or beverages in a ready-to-consume state for consumption:
(1) Within the restaurant building;
(2) Within a motor vehicle parked on the premises; or
(3) Off the premises as carry-out orders, and whose principal method of operation includes the following characteristics: food and/or beverages are usually served in edible containers or in paper, plastic, or other disposable containers.
RESTAURANT, STANDARD. An establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state, and whose principal method of operation includes one or both of the following characteristics:
(1) Customers, normally provided with an individual menu, are served their food and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed;
(2) A cafeteria-type operation where food and beverages generally are consumed within the restaurant building.
RETAIL CENTER. Two or more tenants occupying less than 40,000 square feet of retail space. A retail center may accommodate tenants in individual units within a single building or within multiple buildings.
RIGHT-OF-WAY. An area of land not on a lot that is dedicated for public or private use to accommodate pedestrian, bicycle, and vehicular movement and necessary public utility infrastructure (including, but not limited, to water lines, sewer lines, power lines, and gas lines). In no case shall a right-of- way be construed to mean an easement.
ROOMING HOUSE. See DWELLING, GROUP.
RURAL COMPOUND. A living arrangement where multiple principal detached single-family dwelling units are established on one or more lots of record.
SHOPPING CENTER. A group of at least four tenants occupying 40,000 square feet of retail space or greater. A shopping center may accommodate tenants in individual units within a single building or within multiple buildings.
SPECIAL EXCEPTION. Use of property granted only by review and approval of the Board of Zoning Appeals, subject to the terms and conditions set forth in the zoning ordinance and as determined by the Board.
SPORTS COMPLEX. A facility, generally not commercial in nature, with or without seating for spectators, and providing accommodations for a variety of individual, organized sports, including but not limited to basketball, wrestling, soccer, tennis, volleyball, football, baseball, or swimming pool. Such facility may also provide other regular organized events; health and fitness club facilities; snack bar; limited retail sales of related sports, health or fitness items; and other support facilities.
STABLE. A structure in which horses or other large animals are kept for the purposes of boarding, breeding, personal use, or training, provided any training is limited to those animals being boarded on the property.
STORY (including BUILDING FLOOR). An articulated, distinct level of separation in a building or structure located between the finished surface upon which one may stand and the finished veiling, having a minimum vertical distance of seven feet at its apex, specifically including a ground level component used for parking or storage, and excluding the following: unfinished attic space without permanent stair access, located within a rood structure, and used exclusively for storage or building support components such as water heaters, HVAC components and the like, and a basement, or crawl-space area.
STORY, HALF (½). A story under a sloping roof, where the roof is connected to the top plates of the story wall below, without short walls, and accessed by a stairway compliant with the building code. The floor area with head room of five feet or more may not exceed 50% of the total floor area of the story below it. Dormers may be attached to the sloping roof, provided the combined width of the dormers does not exceed more than 50% of the length of the horizontal plane measured from inner edge of eave to inner edge of eave.
STREET, MAJOR. A public right-of-way, generally containing four or more travel lanes.
STREETSIDE DINING. These areas shall be located within the activity zone, and are specifically required to be open air, unconditioned dining, open to the elements and not enclosed by any means, such as fencing, walls, plastic, or other enclosing materials and methods; except that awnings shall be allowed. Temporary planters for landscaping may be used to delineate the dining area, but may not impede pedestrian access.
STRUCTURE. Anything constructed or erected that requires a fixed location on the ground, or is attached to something having a fixed location on the ground, including, but not limited to, buildings, manufactured homes, signs, 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.”
STRUCTURE, PRINCIPAL. A structure within which the principal use is conducted.
SWEETGRASS BASKET STAND. An open-air stand from which baskets handmade from locally grown sweetgrass are sold.
TATTOO or TATTOOING. To indelibly mark or color the skin by subcutaneous introduction of nontoxic dyes or pigments.
TERMINAL VISTA. The building or landscape element that is visible at the end of a street, or along the outside edge of a curve.
TRAILER. Any vehicle or structure, capable of moving, or being moved, over streets and highways on its own wheels or on flatbeds or other carriers, that is designed or utilized to: provide temporary or permanent quarters for the conduct of a business, profession, trade, or occupation; serve as a carrier of new or used goods, products, or equipment; or be used as a selling, advertising, or display device. A TRAILER is not used as a residence or for permanent sleeping quarters, such as a manufactured home.
TRANSPORTATION TERMINAL. A facility for loading, unloading, and interchange of passengers, baggage, and incidental freight or package express between modes of ground transportation, including bus terminals, truck terminals, and public transit facilities.
TRAVEL TRAILER. See RECREATIONAL VEHICLE.
USE, ACCESSORY. See ACCESSORY BUILDING, STRUCTURE, OR USE.
USE, CIVIC (also USE, INSTITUTIONAL). Utility, educational, recreational, cultural, medical, protective, governmental, and other uses that provide public or quasi-public services and are strongly vested with social importance. Examples may include, but are not limited to the following: city halls; post offices; police and fire stations; schools; museums; universities; public parks; meeting halls; libraries; transit centers; and parking structures.
USE, CONDITIONAL. 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 neighborhoods, and subject to the conditions noted, would promote the public health, safety, welfare, order, comfort, convenience, appearance, proprietary, or general welfare of the town.
USE, PERMITTED. Any use allowed in a given zoning district without a requirement for conditional or special exception approval.
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 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.
USE, PUBLIC. 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.
USE, QUASI-PUBLIC. Essentially public (as in services rendered) although under private ownership or control. Examples of quasi-public uses include institutional, academic, and community service uses.
USE, SEMI-PUBLIC. A building or property owned or occupied by an organization, institution, or group of people with written and adopted rules for membership, that are used or enjoyed primarily by that group.
VARIANCE. A modification of the strict terms of this chapter granted by the town where such modification will not be contrary to the public interest, and where, owing to conditions peculiar to the property and not as the result of any action on the part of the property owner, a literal enforcement of the chapter would result in unnecessary and undue hardship.
VERGE. The typically grassed area located adjacent to the street, between the back of curb or edge of pavement and the sidewalk.
VETERINARY CLINIC. An establishment for the care, observation, and/or treatment of animals and where animals may be boarded during their convalescence.
WAREHOUSING FACILITY. An establishment for the storage, wholesale, and distribution of manufactured equipment, products, and supplies. This term does not include self-storage facilities or flex space.
WAREHOUSING, MARINE. See MARINE WAREHOUSING.
WASTE-RELATED SERVICES. Establishments that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the biological decomposition of organic material.
WHOLESALE SALES. The sale or distribution of merchandise to retailers; industrial, commercial, institutional, or professional business users; or to other wholesalers.
WILD GAME PROCESSING FACILITY. An establishment that renders legally killed wild animals, fish, and/or game into packaged cuts of meat, meat products, or other products.
WINERY. A facility used for the commercial purpose of the production of wine or similar spirits. The facility may incorporate all aspects of production, including aging, storage, bottling, wholesale sales, warehousing, and administrative office functions. Retail sales, tasting facilities, and event facilities may be permitted as part of the facility operations.
WORKFORCE HOUSING. Housing affordable to low and moderate income families (those earning up to 120% of the Charleston-North Charleston- Summerville Metropolitan Statistical Area (MSA) median family income, as defined in the schedule published annually by the U.S. Department of Housing and Urban Development).
YARD, FRONT. A yard situated bet6ween the front building line and the front lot line extending the full width of the lot.
YARD, REAR. A yard situated between the rear building line and the rear lot line and extending the full width of the lot.
YARD, SIDE. A yard situated between a side building line and side lot line, and extending from the front yard to the rear yard.
ZONING DISTRICT. An area or areas within the limits of the town for which the regulations and requirements governing use, lot, and bulk for buildings and premises are uniform.
('81 Code, §§ 155.14 and 155.90) (Ord. passed 8-13-79; Am. Ord. passed 3-11-85; Am. Ord. passed 6-9-92; Am. Ord. 93017, passed 4-13-93; Am. Ord. 99012, passed 4-21-99; Am. Ord. 02024, passed 6-11-02; Am. Ord. 04003, passed 5-11-04; Am. Ord. 04072, passed 7-12-05; Am. Ord. 05025, passed 5-10-05; Am. Ord. 06024, passed 5-10-06; Am. Ord. 08037, passed 7-8-08; Am. Ord. 08057, passed 10-15-08; Am. Ord. 09056, passed 8-12-09; Am. Ord. 09062, passed 9-9-09; Am. Ord. 11032, passed 5-10-11; Am. Ord. 11033, passed 5-10-11; Am. Ord. 11034, passed 5-10-11; Am. Ord. 11019, passed 7-12-11; Am. Ord. 12035, passed 6-12-12; Am. Ord. 12037, passed 6-12-12; Am. Ord. 12074, passed 11-13-12; Am. Ord. 12076, passed 11-13-12; Am. Ord. 13004, passed 2-12-13; Am. Ord. 14022, passed 4-8-14; Am. Ord. 14047, passed 8-12-14; Am. Ord. 14049, passed 9-9-14; Am. Ord. 16043, passed 7-13-16; Am. Ord. 16082, passed 10-11-16; Am. Ord. 16094, passed 11-8-16; Am. Ord. 17049, passed 10-10-17; Am. Ord. 19062, passed 11-13-19; Am. Ord. 19080, passed 12-11-19 ; Am. Ord. 20022, passed 4-14-20)