(A) Purpose of district. The purpose of the Planned Development District is to encourage flexibility in the development of land in order to promote its most appropriate use; to improve the design, character and quality of new development; to facilitate the provision of streets and utilities; and to preserve the natural and scenic features of open areas.
(B) General conditions. Any area may be zoned as a Planned Development District, if any one or more of the following conditions are met:
(1) More than one principal land use is proposed for development on a parcel under single or multiple ownership or management;
(2) Separate land uses, which would not otherwise be permitted to locate within the same zoning district, are proposed for development on one or more adjacent parcels under single or separate ownership or management;
(3) Exceptions or variations to the site or design and dimensional requirements of the chapter are essential to the project.
(C) Specific requirements. In order to qualify for a Planned Development District zoning classification, a project must be not less than three acres, and meet one or more of the following specific requirements:
(1) The project qualifies as a Conservation Design Development under the criteria set forth in division (H) of this section;
(2) The project qualifies as a Commercial Village Project under the criteria set forth in § 156.310(H);
(3) The project qualifies as a mixed use planned development zoning district classification pursuant to the criteria set forth in division (I) of this section.
(4) The project qualifies as a workforce housing planned development zoning district classification, pursuant to the criteria set forth in division (J) of this section.
(5) The project meets the requirements of S.C. Code §§ 6-29-720(C)(4) and 6-29-740 of the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, as amended.
(D) Administrative procedures with regard to PD Zoning Districts.
(1) Zoning Chapter amendment required.
(a) Any request pertaining to the establishment of a PD Zoning District or changes to an existing PD ordinance shall be considered an amendment to the Zoning Chapter, and shall be administered and processed in accordance with § 156.031 of this chapter.
(b) The request shall first be submitted for Preliminary Staff Review on or before the deadline date specified on the Annual Meeting Schedule.
1. Incomplete submittals shall be returned to the Applicant without acceptance by the Town for review.
2. Department of Planning, Land Use and Neighborhoods staff shall review the proposed Planned Development District and provide written comments to the Applicant prior to the next Planning Commission application deadline. Staff shall also schedule a meeting with the Applicant to review these written comments, with such meeting to occur prior to the next Planning Commission application deadline.
(c) The request shall then be submitted to the Planning Commission for review, public hearing, and recommendation, then forwarded to Town Council for final action.
(d) If approved by the Town Council, all information pertaining to the proposal shall be adopted.
(e) Any proposed changes in the district shall be treated as amendments to the Zoning Chapter, and must be considered accordingly.
(E) Permitted developments. Any planned development that meets the provisions of this chapter and is considered by the Planning Commission and Town Council for PD classification may be so classified.
(F) Permitted uses.
(1) Any use proposed by the developer and considered by the Planning Commission and Town Council as being compatible to other nearby uses within and beyond the district may be permitted in such district, upon approval by the Planning Commission and Town Council.
(2) A listing of permitted uses within a particular PD District shall be adopted as part of the regulations applying to that district.
(3) After approval by the Planning Commission and Town Council, the list or portions thereof shall be adopted as part of the regulations applying to that particular PD District.
(4) Thereafter, the uses permitted in the district shall be restricted to those listed, approved and adopted.
(5) Planned developments, whether existing or proposed, which do not establish minimum yard requirements, shall utilize R-1, Low-Density Residential District minimum yard requirements. This provision shall apply to minimum yard requirements only, and not to minimum lot requirements or density.
(G) General design criteria and development standards.
(1) Overall site design shall be harmonious in terms of landscaping, enclosure of principal and accessory uses, size of structures, street patterns, and use relationships. Variety in building types, heights, facades, setbacks, and size of open spaces shall be encouraged.
(2) Parking, loading, and other requirements for each PD District may be set by Town Council, upon recommendation of the Commission.
(3) Bufferyards, as prescribed by § 156.201, shall be provided along the periphery of a PD. The type of bufferyard shall depend on the proposed peripheral use and the adjacent land use, in accordance with the Table of Bufferyard Requirements.
(4) Areas designated for parking and loading or for traffic ways shall be physically separated from public streets by suitable barriers against the unchanneled ingress and egress of motor vehicles.
(a) Commercial, industrial, institutional, and multi-family uses shall have not more than two access points to any one public street, unless unusual circumstances dictate otherwise.
(b) All uses shall be located at least 100 feet from the intersection of any street lines, and shall be designed in a manner conducive to safe ingress and egress.
(H) Planned Development - Conservation Design (PD-CD) standards.
(1) Purpose of district. The Planned Development-Conservation Design District is intended to perpetuate low-density rural character, preserve and protect natural resources and sensitive areas, promote agricultural pursuits, and balance the urban environment.
(2) Design requirements. In order to qualify as a PD-CD District, a project shall meet each of the following requirements:
(a) Site requirements. The property will be located in an area designated as Community Conservation, Low-Density Neighborhood, or Rural Conservation by the Comprehensive Plan Future Land Use Map.
(b) Development standards.
1. Incorporate cluster development patterns.
a. This is a development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.
b. No minimum lot area allows creative site layout.
2. Contiguous open space and dimensional requirements for that space.
3. Installation of a pedestrian circulation system.
a. This should not necessarily imply a roadside sidewalk.
b. Given the configuration of the site, it may be more appropriate and desirable to have the pathways connect through the designated open space areas.
c. The paths should be designed to connect residential areas, to access amenities (including open space), and to access transportation routes.
4. Public access to open space.
a. This would not exclude opportunities for homeowners' association restricted protected areas.
b. This is intended as an incentive to encourage developers to set aside additional space that could/should be available for true public access.
5. Design around and preserve sites with historic, archaeological and/or cultural value.
a. These areas are not to be included in lots.
b. Design should include provisions for buffering or passive park design.
6. Protected land required.
a. When located in an area designated as Rural Conservation on the Comprehensive Plan Future Land Use Map, at least 50% of the entire site area shall be protected in perpetuity; in all other areas, at least 25% of the entire site area shall be protected in perpetuity.
b. Lands that count toward protected land include high land and wetland buffers, but not freshwater or saltwater wetlands.
c. Special consideration should be given for linking small wetlands with high land into a contiguous protected land reserve.
7. Density.
a. Maximum density shall be as specified in § 156.104.
b. Fifty percent of the highland in a golf course can be used to calculate density and can be counted toward open space.
8. Tree protection.
a. Protection of all trees with eight-inch DBH or greater that are not located in the footprint of a house.
b. Pine tree cutting will be allowed, based on sound forest management principles.
9. Leave scenic views unblocked, as seen from public thoroughfares.
10. Roadway design and stormwater standards should adhere to environmentally and aesthetically sensitive best management practices and development standards.
11. Shoreline and road frontage should be preserved as follows.
a. Buffers around wetlands and wildlife areas should remain in an undisturbed natural state.
b. Buffers along existing roadways or the shoreline shall in every case conform to these guidelines:
(i) Select clearing shall be allowed in these buffers of trees measuring less than three inches DBH. Select clearing shall not include trimming limbs more than eight feet above ground level. All trees three inches DBH or greater shall be indicated on a tree survey.
(ii)
Additional landscap- ing, irrigation and/or pedestrian trails must be approved by the Department of Planning, Land Use and Neighborhoods. Any plantings allowed or required within this buffer shall be native species;
(iii) No cross-penetra- tions of utilities will be allowed;
(iv) The boundaries of the natural roadside buffer shall be clearly delineated and identified on all development plans and plats submitted for approval;
(v) Clearing limits shall be staked out in the field in a manner approved by Department of Planning, Land Use and Neighborhoods staff, prior to and remaining through construction activities;
(vi) Buffers along waterfront, marsh, minor arterials, or collector streets will be 50 feet in depth; and
(vii) Buffer along major arterials will be 100 feet in depth.
(I) Planned Development - Mixed Use (PD-MU) standards.
(1) Purpose and intent of district. The purpose of the district is to achieve the objectives of the comprehensive plan by allowing flexibility in development that will result in improved design, character and quality of new mixed use developments that may also preserve natural and scenic features of open spaces as a design component. The planned development provisions must exhibit innovative site planning for a mixture of residential, commercial and institutional uses as reflected in the planned development map, which becomes the zoning district map for the property. The Mixed Use Land Use Plan shall have at least one center and an edge. A center is that part of the PD-MU District where mixed uses are concentrated and land uses are integrated. Density shall be higher in the center and less at the edges of the PD-MU District. Centers are not necessarily located in the middle of the development, but shall be sited to maximize the accessibility thereto by residents of the PD-MU District and other intended users.
(2) Location. The location for utilization of this planned development district may be implemented throughout the town or in conjunction with an annexation of property into the town for properties located inside the Urban Growth Boundary line only.
(3) Development standards.
(a) General standards.
1. This planned development district must contain a mixture of at least two of the following uses: residential, commercial or institutional uses.
2. Vertical mixed use may be required where determined to be appropriate.
(b) Specific standards.
1. This planned development district may provide for variations from the regulations of the other established zoning districts
concerning use, setbacks, lot size, density, bulk and other requirements to accommodate flexibility in the arrangement of uses for the general purpose of promoting and protecting the public health, safety and general welfare.
2. The permitted uses and development standards must be specifically enumerated in the planned development ordinance.
3. To the extent not specifically modified by the planned development ordinance, all other provisions of this chapter shall apply to the development and use of the property.
4. In order to qualify for a mixed use planned development, the development project must include a minimum of 33% of nonresidential building floor area.
(4) Map required. The planned development ordinance must contain a map containing the required elements of a sketch plan map as specified in the Sketch Plan Approval Checklist provided by the Department of Planning, Land Use and Neighborhoods, as may be amended from time to time.
(6) Open space required. A minimum of 5% of total land area must be reserved for open space, which may be in the form of urban parks or squares.
(J) Planned Development - Workforce Housing (PD-WFH) standards.
(1) Purpose and intent of district. The purpose of the district is to achieve the goals of the comprehensive plan by allowing flexibility in development that will result in the provision of housing affordable to low and moderate income families. To this end, Town Council finds and declares the following:
(a) The provision of workforce housing is important to economic development in that the availability of affordable housing helps attract and retain essential workers.
(b) Mixed use, mixed- income developments are important to the viability of the community as a whole. Providing a variety of housing types for households with diverse incomes in proximity to employment opportunities offers a variety of benefits to the community, including reduced traffic congestion and creation of a sense of place and pride in the community. For this reason, single developments offering only workforce housing units are discouraged.
(c) The incentives in this section are intended to encourage the development of workforce housing, and to provide mechanisms to reward developers who produce units meeting the standards of this section. However, the town is under no obligation to approve a PD-WFH zoning request simply because the project meets the requirements of this section. Each development shall be judged on its own merit and the current inventory of workforce housing, as well as the effects of such a development on nearby properties.
(2) Location. The location for utilization of this planned development may be implemented throughout the town, or in conjunction with an annexation of property into the town.
(3) Development standards.
(a) General standards.
1. This planned development zoning designation is available for properties of at least two acres in size or greater.
2. The planned development must contain residential uses, of which at least 30% of the total number of dwelling units shall qualify as workforce housing pursuant to this section. A mixture of housing types as well as uses is encouraged, though not required.
3. Workforce housing units must be of the same unit type as the market-rate units in the development. In the case of a development with two or more housing types, the type of workforce housing units must be in the same proportion as the market-rate units.
(b) Specific standards.
1. This planned development district may provide for variations from the regulations of the other established zoning districts concerning use, setbacks, lot size, density, bulk and other requirements, in order to accommodate flexibility in the arrangement of uses for the general purpose of promoting and protecting the public health, safety and general welfare.
2. Variations from requirements of the land development regulations, pertaining to such items as right-of-way and road width, intersection radius, and unidirectional streets, may be allowed; provided that measures such as multiple access points, off-street community parking spaces, 20-foot wide rear alleys, and fire lane striping and signage are utilized to ensure adequate access for emergency response vehicles.
3. The permitted uses and development standards must be specifically enumerated in the planned development ordinance.
4. Prior to the issuance of building permits for any portion of the development, a workforce housing plan must be submitted to the town for approval. The plan shall contain, at a minimum, the following information:
a. A general description of the development, including whether the development will contain owner-occupied or rental units, or both.
b. The total number and type of market-rate units and workforce housing units in the development.
c. The number of bedrooms in each market-rate unit and each workforce unit.
d. The square footage of each market-rate unit and each workforce housing unit.
e. The location within any multi-family residential structure and any single-family residential development of each workforce housing unit.
5. To the extent not specifically modified by the planned development ordinance, all other provisions of this chapter shall apply to the development and use of the property.
(4) Sketch plan required. The planned development ordinance must contain a map containing the required elements of a sketch plan map as specified in the land development regulations.
(5) Open space required. A minimum of 5% of total land area must be reserved for open space, pursuant to the requirements of the Land Development Regulations.
(a) Single developments offering only multi-family units are not permitted in this planned development district. Multi-family units may be allowed only when a mixture of unit types is provided.
(b) Where a mixture of unit types is provided, unit types shall not be segregated from one another; rather, the unit types shall be interspersed throughout the development.
(c) Where a mixture of two unit types is provided, neither unit type shall be less than of 30% of the total provided. Where a mixture of three or more unit types is provided, none may be less than 20% of the total provided.
(7) Off-street parking required.
(a) Off-street parking shall be provided pursuant to the requirements of §§ 156.170 et seq. However, tandem parking spaces shall be permitted in this planned development district, provided the tandem space serves only a single dwelling unit.
(b) Parking requirements for townhouse units shall be met in the rear yard.
(8) Design, location, size, and construction of workforce housing units.
(a) In terms of exterior appearance, workforce housing units shall be indistinguishable from market-rate units. External building materials and finishes for workforce housing units shall be the same in type and quality as the market-rate units.
(b) Interior features of workforce housing units shall be functionally equivalent to the market-rate units, though the finishes and materials need not be identical.
(c) Workforce housing units shall be comparable to the market-rate units in terms of improvements related to energy efficiency, which include but are not limited to, mechanical equipment and plumbing, insulation, windows, and heating and cooling systems.
(d) In the case of attached dwelling units, a mix of efficiency/studio/loft, one-bedroom, and two- bedroom units shall be provided and integrated throughout the development. In the case of single- family detached dwelling units, a mix of two- bedroom and three-bedroom units shall be provided and integrated throughout the development.
(e) Workforce housing units shall be constructed concurrently with the market-rate units.
(9) Marketing of workforce housing units. All workforce housing units shall be marketed to the public in the same manner as the market-rate units.
(10) Owner-occupied workforce housing.
(a) Eligibility. Sale of owner-occupied workforce housing units is limited to individuals and families earning no more than 120% of the median family income for the Charleston-North Charleston-Summerville MSA, as published annually by the U.S. Department of Housing and Urban Development and adjusted for household size. The workforce housing unit shall serve as the owner's primary residence for the duration of ownership or until the deed restrictions required by this section have expired.
(b) Eligibility determination process. Prospective buyers of new workforce housing units shall be screened and determined eligible by the developer, or his or her designee, prior to occupancy. Prior to closing on a new workforce housing unit, the developer shall submit an affidavit to the town that sets forth the sale price and verifies the unit will be occupied by persons qualified pursuant to the requirements of this section, in addition to any other information deemed appropriate as this district with workforce housing develops in practice over time.
(c) Maximum housing cost. The monthly mortgage payments shall include principal, interest, property taxes, homeowner insurance, private mortgage insurance, maintenance costs, and condominium or homeowners' association fees, and shall total no more than 35% of the buyer's gross monthly household income.
(d) Closing costs and related fees. The buyer of a workforce housing unit shall not pay more in closing costs than is reasonable and customary in the town. Real estate commissions shall be paid by buyer and seller in accordance with their contractual obligations. In the town, it is reasonable and customary that the seller pays a commission to his or her real estate broker, who often shares the commission with the cooperating real estate broker representing the buyer, in accordance with a contractual agreement or the local multiple listing service's agreements.
(e) Term of affordability. Resale of workforce housing units shall be limited by deed restriction to the original sales price, adjusted for inflation, and to a purchaser eligible, as described above, for a period of not less than ten years after issuance of the certificate of occupancy. The increase permitted for inflation shall be based upon the increase in the Consumer Price Index (CPI).
1. A copy of such executed deed restrictions shall be submitted to the town for approval prior to issuance of a certificate of occupancy for any portion of the development.
2. The deed restrictions shall require notice to the town of any conveyance of the workforce housing unit, and verification that the purchaser is qualified pursuant to the requirements of this section.
(f) Increase in household income during occupancy. Should a household's income increase to an amount above 120% of the median family income while occupying a workforce housing unit, the household shall not be required to vacate the unit. Upon vacating the premises naturally, the unit shall be sold to a qualifying household pursuant to the requirements of this section.
(11) Renter-occupied workforce housing.
(a) Eligibility. Rental of workforce housing units is limited to individuals and families earning no more than 80% of the median family income for the Charleston-North Charleston-Summerville MSA, as published annually by the U.S. Department of Housing and Urban Development and adjusted for household size. The workforce housing unit shall serve as the renter's primary residence for the duration of the lease.
(b) Eligibility determination process. Prospective renters of workforce housing units shall be screened and determined eligible by the developer, or his or her designee, prior to occupancy. All of the following requirements are applicable and subject to final approval by the town.
1. The owner shall provide proof to the town, upon initial occupancy and anytime the lease is renewed thereafter, that the current tenants meet the necessary qualifications.
2. The owner shall annually provide to the town assurance of compliance with Fair Market Rents.
3. Any time a new tenant occupies a workforce housing unit, the owner must provide to the town proof of income and compliance with Fair Market Rents.
(c) Rent levels.
1. The maximum rent level for workforce housing units is based on the schedule of Fair Market Rents for the Charleston-North Charleston-Summerville MSA, as published annually by the U.S. Department of Housing and Urban Development.
2. Fair market rents include a utility allowance for electricity, gas, water, and sewer, based on a schedule published annually by the Charleston County Housing and Redevelopment Authority.
(d) Lease terms. A minimum lease term of six months is required for all workforce housing units so as to avoid short- term (i.e., weekly) rentals.
(e) Term of affordability. Rental workforce housing units shall be limited by deed restriction to remain affordable, as defined herein, for a period of not less than ten years after issuance of the certificate of occupancy.
1. A copy of such executed deed restrictions shall be submitted to the town for approval prior to issuance of a certificate of occupancy for any portion of the development.
2. The deed restrictions shall require notice to the town of any lease renewal or new rental contract for the workforce housing unit, and verification that the tenant is qualified pursuant to the requirements of this section.
(f) Increase in household income during occupancy. Should a household's income increase to an amount above 80% of the median family income while occupying a rental workforce housing unit, the household shall not be required to vacate the unit immediately. The tenant may renew the lease for one additional term, not to exceed two years. Upon vacating the premises, the rental unit shall be rented to a qualifying household pursuant to the requirements of this section.
(12) Deed restrictions required.
(a) Standard deed restrictions for all workforce housing units produced pursuant to the requirements of this section are required and subject to approval by the town.
(b) Such restrictions shall include, at a minimum, the following elements:
1. Duration.
2. Occupancy requirement and restrictions against leasing/subleasing.
3. Restriction on resale.
4. Requirement to notify the town in the case of conveyance (for owner-occupied units), lease renewal (for rental units), or establishment of a new rental contract (for rental units).
5. Right of first refusal, if applicable.
6. Distribution of gross sales proceeds, if applicable.
7. Procedure in the case of foreclosure (for owner-occupied units only).
(L) Impact assessment.
(1) All existing and future planned developments shall be subject to the requirements and procedures of § 156.054, as those requirements and procedures presently exist or as they may from time to time be changed in the future.
(2) This shall be deemed to require the submittal of an impact assessment for sections of existing planned developments without valid, approved sketch plans for which land uses are designated solely by a "bubble plan" or other general description.
('81 Code, §155.134) (Ord. passed 8-13-79; Am. Ord. passed 4-9-84; Am. Ord. 01004, passed 4-10-01; Am. Ord. 02024, passed 6-11-02; Am. Ord. 06039, passed 6-21-06; Am. Ord. 07011, passed 4-10-07; Am. Ord. 08057, passed 10-15-08; Am. Ord. 09003, passed 2-10-09; Am. Ord. 11035, passed 5-10-11; Am. Ord. 12004, passed 2-14-12; Am. Ord. 14047, passed 8-12-14; Am. Ord. 15037, passed 10- 15-15; Am. Ord. 16082, passed 10-11-16; Am. Ord. 16094, passed 11-8-16; Am. Ord. 21042, passed 5-11-21) Penalty, see §
156.034