(A) Purpose. To implement the 2019 Shem Creek Area Management Plan by retaining and protecting the town's working waterfront such that the important industries of commercial fishing and historic water-based recreational uses remain part of the town's heritage, economy, and quality of life.
(B) Findings.
(1) The 2019 Shem Creek Area Management Plan recommended preserving the unique history, nature, and economy of Shem Creek and its character as a working waterfront and destination for town residents, employees and visitors.
(2) Since the 1930s, Shem Creek has been home to commercial scale water-dependent commercial activities, including fishing, shrimping, recreational boating, and fuel dispensing, among others.
(3) Since the 1960s, these uses have diminished along the creek but remain viable along the creek today.
(4) Maintaining the historic design features and scale of the built environment along Shem Creek is critical to facilitating the objectives and goals of the Shem Creek Area Management Plan.
(5) The Area Management Plan further found that incompatible land uses have encroached upon working waterfront areas of Shem Creek, to the point where its use and viability as a working waterfront is in peril.
(C) Boundaries of the district.
(1) The boundaries of the SCWD-Working are based on and consistent with the findings and recommendations of the 2019 Shem Creek Area Management Plan.
(2) The lands included in the SCWD- Working are illustrated in Figure 1 below and are described on the official Town of Mount Pleasant Zoning Map.
Figure 1.
(D) Land uses and structures.
(1) Permitted use by-right.
(a) Aquaculture and mariculture.
(b) Boat launch or dock, public use.
(c) Boat launch or dock, personal.
(d) Cold storage, water-related.
(e) Dock for commercial fishing vessels.
(f) Marina or dry stack watercraft storage.
(g) Fuel storage and dispensing, water- dependent.
(h) Ice manufacturing, water-related.
(i) Marine salvage operation.
(j) Marine warehousing.
(k) Open space, natural.
(l) Pedestrian trails.
(m) Personal improvement education, water-dependent.
(n) School, trade/vocational, water- related.
(o) Seafood processing.
(p) Water taxi or other charter boat facilities, excluding for use of personal watercraft.
(2) Allowed by conditional use.
(a) Agricultural sales, produce stand, or seafood stand.
(b) Cultural festival or event.
(c) Outdoor storage and/or display, water-related.
(d) Pump station.
(e) Watercraft or marine equipment service or repair.
(3) Allowed by special exception.
(a) Cultural facility, water-related.
(b) Lay-down yard, maintenance facility with open lot storage of materials, vehicles, and equipment, water-related.
(4) Accessory uses.
(a) Apiculture (conditional use permit required).
(b) Community garden.
(c) Farmer's market.
(d) Mobile food vending (conditional use permit required).
(e) Sweetgrass basket stand (conditional use permit required).
(E) Parking. See design review requirements below.
(F) Design review.
(1) The SCWD-Working is included in the CDR-OD.
(2) In addition to the requirements of § 156.310, the following design standards apply within the SCWD-Working:
(a) In general:
1. Avoid monolithic massing and create visual variety;
2. Provide variation in cornice and/or eave height along Shem Creek;
3. Vary building elevation, using step-backs or other changes in building massing to limit continuous repetitive facades; and
4. Vary building height, roof slope, and roof details.
(b) Building edge and massing:
1. The building edge must be maintained for at least 75% of any frontage on Shem Creek; and
2. Continuous repetitive facades must be limited to 50 feet along building fronts.
(c) View plane:
1. A view plane for Shem Creek or marsh frontages shall be defined, beyond which no building element shall penetrate, determined by maximum allowable facade height at the minimum building setback line, starting at a height of 25 feet along this line, at an angle of 30 degrees upward from the horizontal.
2. Building facades shall be no closer to Shem Creek than the minimum setback defined below in this section and no further than 15 feet beyond the resulting minimum building setback.
(d) Rooflines:
1. Roofs must maintain a sloped or gabled design.
2. However, a flat roof may be provided at the center of a structure solely for the purpose of housing required mechanical equipment and associated service areas not accessible by the public.
(e) Parking:
1. The applicant must propose a design plan for consideration as part of the design review approval process.
2. No more than 10% of surface parking areas shall be covered by impervious surfaces, as defined in § 156.007.
3. For the uses listed below, the following requirements shall apply:
a. Restaurant: 1.25 parking spaces per 100 square feet.
b. Except as provided division (F)(2)(e)4., kayak and paddleboard rentals:
(i) One parking space per four individual watercrafts available for use by customers; and
(ii) One parking space per two full time employees.
c. Except as provided in subsection (F)(2)(e)4., charter boats, water taxis, and other excursions:
(i) One parking space per four individual passenger capacity available for use by customers; and
(ii) One parking space per two employees.
4. Kayak and paddleboard rentals, charter boats, water taxis, and other water- related excursions land uses may satisfy the above requirements by either:
a. Providing shuttle services to all customers; or
b. Providing required parking on an adjacent parcel, which may be separated by a local road.
5. For all other land uses, minimum parking provided must be as in §§ 156.170 et seq.
6. Public access. The applicant may propose a means and legal framework for maintaining at least a ten-foot pedestrian trail allowing public access along Shem Creek.
(G) Development standards.
(2) Minimum lot size: none.
(3) Minimum building size: none.
(4) Maximum height: 40 feet.
(5) Setbacks.
(a) Front/shoreline: buildings shall front on Shem Creek with setbacks finalized in the Design Review Process, but adhering to:
1. Minimum setback: greater of:
a. Fifteen feet from OCRM Critical Line.
b. Ten feet from property boundary.
2. Maximum setback: a distance 15 feet from the applicable minimum setback required under division (G)(5)(a)1. above.
(b) Rear and side setbacks shall be determined through the Design Review Process.
(c) Shoreline setback applicability is as follows, and as is illustrated below:
1. The front/shoreline setback applies to the portions of a property within the required shorelines setback under (G)(5)(a)1. above, whether immediately adjacent to Shem Creek or not. In these areas of the district, shoreline setback requirements apply, notwithstanding other generally- applicable front, rear, or side setback requirements.
2. Subject to (G)(5)(c)3., below:
a. Pedestrian paths, decks for outdoor dining, balconies, steps, and open shade structures, and structures used to provide access from upper building levels and between properties may be placed within setbacks required along Shem Creek frontage;
b. Retail activities, outdoor displays or storage, and other uses or structures that do not serve to facilitate interconnected passage along the creek or to the primary land use are not permitted within setbacks required along Shem Creek frontage;
3. In areas between the OCRM critical line and the mean high water line, decks and structures, subject to (G)(5)(c)2. above, must be built on piers to minimize environmental impacts.
(Ord. 21067, passed 10-12-21)