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The Folly Beach Planning Commission will be holding the final round of public hearings for the new Zoning and Land Use Codes beginning on Monday the 17th of November. These public hearings are the last round of comment before the Planning Commission makes its recommendation to Council for adopting the Ordinance. Please review the document below and come out and give us your opinion. The new code will have a great impact on Folly Beach and we need to hear from you!
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General Provisions, contains important general
provisions that are relevant to the ZDO as a whole. Some of the
separate provisions already exist in the city's existing development
regulations, while others do not. Specifically, this chapter includes
sections
that:
Chapter 162: Administration, is a new chapter. It consolidates and streamlines all matters related to the procedural review of development. There are four major sections in Chapter 162: Administration.
Section 162.01, Review and Decision-Making Bodies,
clarifies the roles of the different boards and professional staff
responsible for review and decision-making on development applications.
Each section identifies what responsibilities each review body has in
the development
review process.
Section 162.02, Common Review Procedures, establishes a common set of review procedures that apply to all applications for development approval. It serves as a mechanism by which the city’s basic development review procedures for development applications are consolidated and made uniform to the greatest degree possible. The section takes the potential applicant from the rules governing application form, contents and fees, through the actual application submittal and review stage to the rules governing the form of the decisions made by the review boards, and finally to public hearing procedures.
Section 162.03, Standards and Requirements for Development Applications, establishes specific rules (review standards and special procedures) governing the 17 specific types of development procedures. New types of development applications are added in the revision effort.
Section 162.04, Development Agreements, includes the rules and procedures for the establishment of development agreements under the S.C. Local Government Development Agreement Act.
Chapter 163: Zoning Districts, contains information on the various base and overlay zoning districts available in the city. The chapter has five main parts:
Section 163.01, General Provisions, establishes the base zoning districts in the city as well as their abbreviations through the use of a summary table. The section also explains the relationship between the base zoning districts and the overlay districts, and specifies that some base districts include additional district standards in addition to the standards found in other chapters of the new ZDO.
Section 163.02, Residential Districts, provides the general purpose statements for all three residential districts, as well as the individual intent statements for each of the residential base zoning districts. The ZDO provides for limited neighborhood-serving commercial uses in the multi-family residential district.
Section 163.03, Nonresidential Districts, establishes the five nonresidential districts in the city and describes their purpose and intent. Each district is established to address a different geographic portion of the city.
Section 163.04, Planned Development District, establishes the new Planned Development (PD) district. It encourages a mix of housing types integrated with limited commercial uses.
Section 163.05, Overlay District, creates the
Folly Road Corridor Overlay District (FCOD). The
FCOD is established based on the comparable Charleston County Folly
Road district and is
intended to establish a well-planned, attractive commercial corridor
leading into the city.
CHAPTER 164: USE STANDARDS
Chapter 164: Use Standards, contains all the classifications and
standards for the uses allowed in the city, as well as the procedure
for addressing unlisted uses. The chapter is composed of five sections:
Section 164.02, Use Classifications, Use Categories, and Use Types, defines the Use Classifications and common characteristics of each use category. This section also includes a listing of examples of specific types of uses within a particular use category, as well as typical accessory uses, and exceptions (configurations of a particular use which trigger its classification as a different use type).
Section 164.03, Use-Specific Standards, includes the various use-specific standards for the use types subject to such standards, organized by use category.
Section 164.04, Accessory Uses and Structures,
includes the standards related to accessory uses
and structures. The section includes a set of general standards
applicable to all accessory uses,composed of a summary table of
accessory uses and the zoning districts where they are permitted,
provisions controlling the dimensional standards applicable to
accessory uses, height standards, and signage. Finally, the section
includes a set of standards related to specific accessory uses similar
to the Use-Specific Standards.
Section 164.05, Temporary Uses and Structures, includes a set of general standards applicable to all temporary uses and structures, a description of prohibited temporary uses, specific regulations for certain temporary uses, and standards and conditions for special events (cultural events, surfing events, musical events, fairs, carnivals, etc.).
Chapter 165: Dimensional Standards, includes the dimensional standards for the residential and nonresidential zoning districts. There are two sections in the article:
Section 165.01, General Provisions, includes a
summary table that specifies the area, maximum height, and yard
setbacks for each of the respective types of zoning districts. The
table includes a
set of summary notes that provides greater detail about the standards
they include.
Section 165.02, Measurements and Exceptions, addresses measurement and exception provisions related to the dimensional standards in Section 165.01. There are definitions and rules of measurement for lot-related standards (e.g., area, depth, width, frontage) as well as a description of the various lot types and lot standards. The section includes a subsection on required yards (front, side, and rear), as well as a summary table of the amount of allowable encroachment into a required yard from an architectural feature. In addition, there are sections on measurement rules for determining building height and bulk.
Chapter 166: Development Standards, includes the development standards not addressed in other portions of the ZDO. There are nine sections in the chapter.
Section 166.01, Tree Protection, contains standards that require that a percentage of tree canopy be maintained during the development process. These standards apply to all trees, regardless of their status as Grand, Landmark, or Protected.
Section 166.02, Landscaping Standards, includes new provisions for required landscaping in vehicular use areas (parking lots), buffer areas between different land uses, on-site landscaping for commercial development, and standards for screening trash and service areas.
Section 166.03, Open Space Standards, establishes new open space set-aside standards for new subdivisions, including minimum amounts, location, configuration, and maintenance.
Section 166.04, Environmental Standards, includes
new marsh and dune protection standards, as well as carrying forward
the city’s current stormwater management and flood damage
protection measures.
Section 166.05, Design Standards, sets out new single-and two-family design standards applicable to all new development and significant redevelopment of existing uses. The section also includes multi-family, commercial, and transitional design provisions as well.
Section 166.06, Off-Street Parking and Loading,
includes a summary table of all parking requirements, dimensional
standards, pedestrian and bicycle facilities, and provisions related
to Alternative Parking Plans.
Section 166.07, Sign Standards, carries forward the city’s existing signage standards with no substantive changes.
Section 166.08, Fences and Walls, establishes the provisions for maximum fence and wall height, location, appearance, and maintenance requirements.
Section 166.09, Exterior Lighting, includes the
provisions for exterior lighting for multi-family and nonresidential
developments. The section includes new standards limiting exterior
lighting in
beachfront areas.
Finally, this chapter includes several placeholders for other development standards being prepared outside of the scope of this ZDO re-write effort.
Chapter 167: Subdivision Standards, includes the provisions addressing subdivision improvements, and is composed of three sections:
Section 167.01, Subdivisions, includes the purpose and applicability standards for subdivisions, along with the requirements for blocks, lots, easements, and the requirements for functional fire protection.
Section 167.02, Conservation Subdivision, includes
new standards for conservation subdivisions of at least three acres.
The standards require conservation subdivisions to cluster around
sensitive natural or historic areas and provide open space and buffers.
Development applying for the
Conservation Subdivision option must be rezoned RSF.
Section 167.03 includes new standards for performance agreements related to required vegetation.
Chapter 168: Nonconformities, includes all the
rules pertaining to nonconformities. It builds on the
provisions in Section 154.062, 154.063, and 154.089 of the current
Zoning Ordinance. The chapter is comprised of five sections described
below.
Section 168.01, General Applicability, describes how existing nonconformities will be allowed to continue in a manner that encourages their limited survival.
Section 168.02, Nonconforming Uses, and Section
168.03, Nonconforming Structures, outlines the standards applied to
nonconforming uses and structures related in part to their repair and
replacement.
Section 168.04, Nonconforming Lots of Record carries forward the lot of record provisions in the current zoning ordinance.
Section 168.05, Nonconforming Signs, establishes specific rules for the phasing out of nonconforming signage.
Article 169: Enforcement, consolidates all provisions related to enforcement. It uses as a starting point the current provisions in the zoning ordinance (Sections 153.101,154.004, 154.120, and 154.999).
It includes sections: Setting forth the purpose of the chapter (Section 169.01, Purpose);
Establishing that compliance with all provisions of the ZDO is required (Section 169.02, Compliance Required);
Spelling out what actions result in violation of the ZDO (Section 169.03,Violations);
Establishing who is responsible for ZDO violations (Section 169.04,Responsible Persons);
Detailing who is responsible for enforcement (Zoning Administrator) and procedures for notification of violators and handling complaints (Section 169.05, Enforcement Generally); and
The remedies and penalties that can be used
against violators, including private civil relief (Section
169.06, Remedies and Penalties).
