§ 156.106  SETBACKS AND YARD REQUIREMENTS.
   (A)   Minimum front, side, and rear yard setbacks shall apply to all lots, as specified in the use district regulations for the zoning district in which the property is located, except as provided herein.
      (1)   For those properties designated as “Areas of Purview” within the Commercial Design Review Overlay District, the setback distances from lot lines having street frontage shall be determined by the Design Review Process, using a build-to line of between 20 and 30 feet.
      (2)   Normal setback and yard requirements shall not apply to lot lines for “postage stamp” lots subdivided pursuant to the provisions of the Land Development Regulations. The setback and yard requirements of the zoning district classification shall apply to the perimeter of the larger parcel in which these lots are located, as applicable.
      (3)   Normal setback and yard requirements shall not apply to lot lines for lots resulting from the subdivision of lots with more than one dwelling unit, pursuant to the provisions of the Land Development Regulations.
      (4)   For properties located within the Old Village Historic District, setback distance shall be determined during the Certificate of Appropriateness (COA) review process, with consideration of existing conditions and setbacks of adjacent lots.
   (B)   Additionally, a 30-foot setback for all impervious surfaces on property located in any zoning district shall apply to the DHEC-OCRM critical line, as delineated on a certified plat of the property, whether or not the critical line lies inside or outside the boundary lines of the particular lot on which the improvement is to be located. The setback line distance shall be measured at right angles to all points along the critical line and, in cases of overlapping lines at angles, the greatest distance shall apply.
      (1)   Lots of record existing as of the date of this amendment (June 9, 1992) are exempted from this provision, to include a resurvey of an existing lot and any subsequent changes to the existing boundaries, provided no additional lots are created. This setback on lots approved and recorded after June 9, 1992, shall be measured from the critical line established by the final plat approved by the town and recorded with the Charleston County RMC Office, and shall remain unchanged in perpetuity unless a new subdivision occurs. At such time, the critical line must be validated by the authorization of DHEC-OCRM, which will establish the current critical line location and thus the new setback location; provided, however, the new setback location shall only apply to the subject property and not to adjoining property. It shall be the sole responsibility of the property owner to ensure all construction activity occurs landward of the current DHEC-OCRM critical line, irrespective of the critical line location reflected on the most recent recorded plat.
      (2)   Erosion control structures are allowed; with prior DHEC-OCRM approval, and provided that the required setback width is maintained or reestablished landward of the installed erosion control structure. Fences, vertical retaining walls and like- manner structures are also allowed within the setback; provided that the maximum horizontal distance of any above-grade component shall not exceed 12 inches in width.
   (C)   No part of a yard, court, or other open space or off-street parking required in connection with any building for the purpose of complying with the regulations of this chapter shall be included as part or all of the required yard, court, or other open space or off-street parking for another building or structure, except as hereinafter provided.
   (D)   No building shall hereafter be erected, altered or moved to create narrower or smaller front yards, side yards, rear yards or other open spaces than required by this chapter for the zoning district in which such building is, or will be, located.
('81 Code, §§ 155.85 - 155.87) (Ord. passed 8-13-79; Am. Ord. passed 6-9-92; Am. Ord. passed 1-12-93; Am. Ord. 07071, passed 11-13-07; Am. Ord. 08037, passed 7-8-08; Am. Ord. 09088, passed 1-13-10; Am. Ord. 12064, passed 10-9-12; Am. Ord. 12074, passed 11-13-12; Am. Ord. 14047, passed 8-12-14; Am. Ord. 20041, passed 8-14-20)  Penalty, see § 156.034