(A) Minimum requirements. The following are considered the minimum requirements for meeting the terms of this section; however, the Planning Commission may grant a waiver from one or more of the design standards contained in this section where deemed appropriate, if all conditions specified in § 155.047(A)(1) through (4) are met.
(1) There are topographical constraints, such as the presence of wetlands or critical areas, or other unusual conditions, such as the presence of historic trees (as defined in Chapter 156 of this code), pertaining to the particular parcel(s) of land that do not generally apply to other parcels in the vicinity and that are not the result of actions of the applicant;
(2) The applicant demonstrates that compliance with one or more provisions of this section is unreasonable, in conflict with the public interest, or a practical impossibility;
(3) The modification will not adversely affect the reasonable development of adjacent property; and
(4) In all cases, the public welfare and interests of the town shall be protected and the general intent and spirit of the regulations preserved.
(5) Applications for a waiver shall be accompanied by written justification explaining how all conditions are met. Financial disadvantage or mere inconvenience shall not be considered sufficient justification for a waiver.
(6) Each waiver request shall be evaluated on its own merits, and the granting of a particular waiver shall not set a precedent for other waiver requests.
(7) In approving a request for a waiver from the provisions of this section, the Planning Commission may impose reasonable conditions that will, in its judgment, justify such waiver and ensure that the intent of these Land Development Regulations is upheld.
(8) A request for a waiver may be made on its own or in conjunction with a Sketch Plan submittal. The Planning Commission shall review and act upon the waiver request within 60 days of the date on which it is scheduled to be considered.
(B) Blocks. The length, width, and shape of blocks shall be determined with regard to:
(1) Provision of adequate building sites suitable to special needs of the type of use (residential, commercial, industrial, other) contemplated.
(2) Zoning requirements as to lots sizes and dimensions.
(3) Needs for convenient access, circulation, control, and safety of street traffic.
(4) Limitations and opportunities of topography and drainage features.
(5) Block lengths shall not exceed 1,400 feet.
(6) Eyebrow designs (partial circle cul-de- sacs) shall not be permitted.
(C) Lots.
(1) Lots shall be accessible by improved public streets, except as provided below.
(a) Postage stamp lots.
1. Individual units in attached buildings and the buildings themselves located in commercial and mixed use developments may be located on their own fee-simple lot, with access provided by a shared ingress/egress easement. The intent is to allow a fee-simple lot subdivision exclusive to the actual building pad or close proximity thereto in a “postage stamp” fashion within the larger parcel boundary. This necessitates elimination of the normal yard setback requirements and bufferyard requirements on these “postage stamp” lots.
2. The shared ingress/egress easement and all required parking for the use shall be located on property owned by a property owners’ association, with covenant restrictions insuring access and maintenance of the same, and a method of collecting sufficient funds through assessments to owners to cover the maintenance costs.
3. A copy of these restrictive covenants shall be approved by the town prior to subdivision of the property into fee-simple lots.
4. Qualification for subdivision pursuant to these provisions is contingent upon buildings located on the proposed lots meeting all applicable building and fire code provisions and an approved drainage plan.
(b) Subdivision of residential lots containing more than one dwelling unit.
1. Purpose. The purpose of these requirements is to provide for a one-time subdivision of an existing lot of record containing multiple dwelling units in order to enable the property owner to convey clear title to each lot and dwelling unit. This is in recognition of unique settlement patterns of coastal Lowcountry communities, where developed properties may contain more than one dwelling unit.
2. Applicability. The provisions contained within this section are only applicable to existing lots of record zoned RC-1, RC-2, RR, CC, R-l, or R-2 and which currently contain two or more detached dwelling units, but not accessory dwelling units approved and permitted by the town, and did so at the time of the adoption of Ordinance No. 12074. Applicants for subdivisions of residential lots containing more than one dwelling unit may be required to provide documentation, such as a certificate of occupancy or tax records, to this effect.
3. Reviewing authority. Plats submitted for subdivisions of lots containing more than one dwelling unit shall be reviewed by the Town Engineer, or his or her designee.
4. Standards. Each of the following standards must be met:
a. Regardless of total lot size and density provisions, each existing lot of record may be subdivided only one time and into not more lots than there are dwelling units. The subdivision plat shall clearly state that the parcels created by this process shall not be divided again, except in full compliance with all regulations in effect at that time.
b. Each lot should meet the minimum lot size and dimensional standards of the zoning district in which it is located. However, in recognition that many of the lots that contain multiple dwelling units and may be eligible for this subdivision were platted prior to existing Zoning Code regulations concerning minimum lot standards, lot size and dimensional requirements may be reduced by no more than 20% in order to accomplish the subdivision.
c. The lot shall be subdivided so that each existing dwelling unit meets the minimum setback requirements of the zoning district in which it is located. However, in recognition that many of the lots that contain multiple dwelling units and may be eligible for this subdivision were platted prior to existing Zoning Code regulations concerning minimum lot standards, setback requirements may be reduced by no more than 50% in order to accomplish the subdivision.
d. Flag lots are not permitted. However, lots may be located in a configuration similar to a flag lot (one in front of the other), with access to the rear lot provided through an access easement. Such access easement shall be a minimum of 12 feet in width and shall provide a minimum of 14 feet unobstructed vertical clearance so as to accommodate emergency vehicles, shall meet all applicable Fire Code provisions, and shall be approved in writing by the Fire Chief, or his or her designee. The access easement shall also be identified on the plat and shall run with the land in perpetuity.
e. The subdivision plat shall include a note stating that the town is not responsible for either construction or routine maintenance of the access easement.
f. Each lot must have Mount Pleasant Waterworks water and sewer service.
g. Each dwelling unit must have its own individual utility meters.
h. When access easements are required, joint access easements shall be utilized where possible.
i. Each lot shall have an individual address provided by the town.
j. All other applicable subdivision requirements shall be met.
(2) The lot size, width, shape, grade, and zoning orientation shall be in proper relation to:
(a) Applicable zoning requirements;
(b) Street and block design;
(c) Existing and proposed topographical conditions; and
(d) The type of development and use contemplated.
(3) Flag lots shall not be permitted.
(4) The minimum lot width required for the zoning district must be met as measured at the front yard setback building line.
(5) However, the minimum front building line setback for cul-de-sac lots and the rear building line setback line for lots falling on a curve section of a dedicated street may be indicated where the lot meets the minimum width requirements and shown on the preliminary and final plats (or other plat submitted for recording).
(6) All lots served by public water and sewers shall meet the minimum area requirements for the zoning districts within which they are located.
(7) Lots that require the installation of individual wells and/or individual septic tanks shall be required to meet standards established by the County Health Department.
(8) Insofar as practical, side lot lines shall be at right angles to straight street lines, and radial to curved street lines.
(9) Excessive lot depth in relation to lot width shall be avoided.
(a) As a general rule, the depth of residential lots in all districts except the R-4 Medium Density Residential District, and TH Townhouse District shall not be less than one nor more than 2-1/2 times their width.
1. In the R-4 Medium Density Residential District, the depth of residential lots shall not be less than one nor more than three times their width. Due to the minimum lot area and dimensional requirements of this zoning district, lots platted at the minimum 40-foot width must be exactly 100 feet in depth in order to meet the minimum lot area requirement and not exceed the width to depth ratio.
2. In the TH Townhouse District, the width to depth ratio shall not apply. Due to the minimum lot area and lot width requirements of this zoning district, lots platted at the minimum width cannot meet the minimum lot area requirement without exceeding the width to depth ratio.
(b) Lot width shall be measured at the front building line setback, except as provided in division (C)(5) of this section.
(10) Corner lots shall be of sufficient size and shape to permit required building setback and orientation to both streets.
(11) Any remnants of land not meeting all the requirements of this chapter for a lot shall be incorporated either in existing or proposed lots or shallbe legally deeded to public use, if acceptable to the town.
(12) Each proposed lot shall be so designed as to allow the development of a private driveway designed in accordance with § 156.052 serving the lot and sufficient space for off-street parking and loading.
(13) Only parallel parking shall be permitted within the right-of-way.
(14) Lot area. The minimum lot area as required herein shall consist of high ground land only, and shall not include land within the OCRM's designated critical area or portions of lots located in lakes, ponds, lagoons, or similar bodies of water, or other areas designated as wetlands on a certified plat of the property.
('81 Code, § 155.84) (Ord. passed 8-13-79; Am. Ord. passed 6-9-92; Am. Ord. 99012, passed 4-21-99; Am. Ord. 02045, passed 7-9-02; Am. Ord. 09088, passed 1-13-10; Am. Ord. 12074, passed 11-13-12; Am. Ord. 14047, passed 8-12-14; Am. Ord. 16038, passed 6-15-16) Penalty, see § 155.999