Unified Development Ordinance
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SUMMERVILLE UNIFIED DEVELOPMENT ORDINANCE Draft October 17, 2018 This document was prepared for the TOWN OF SUMMERVILLE, SC - 2018 MAYOR AND TOWN COUNCIL TOWN STAFF Mayor Wiley Johnson Colin Martin, Town Administrator Council District 1 - Aaron Brown Madelyn Robinson, Director of Administration and Council District 2 - Christine Czarnik Economic Development Council District 3 - Walter Bailey Jessi Shuler, Director of Planning Council District 4 - William (Bill) McIntosh Lucy Dreyer, Planner Council District 5 - Kima Garten-Schmidt Meredith Detsch, Planner Council District 6 - Bob Jackson Russ Cornette, Town Engineer Bonnie Miley, Assistant Town Engineer PLANNING COMMISSION Tim Macholl, Zoning Administrator Chairman Jim Reaves Dr. Sarah Bares CONSULTANT Charlie Cuzzell Stantec’s Urban Places Marc Hehn (Retired, 2017) 2127 Ayrsley Town Boulevard William Mattery Suite 300 Margie Pizzaro Charlotte, NC 28273 William Rogan www.stantec.com Elaine Segelken 704.329.0900 Phone COMMERCIAL DESIGN REVIEW BOARD Bill Beauchene Mildred Blanton © 2018 by the Town of Summerville, South Carolina and Stantec Consulting Services, Inc. All Chris Campeau Photos, Images, and Text by Stantec unless otherwise Michael Gregor noted. Reproduction Permitted with Credit in Print. Jennifer Palmer Candy Pratt Carolyn Rogerson Draft October 17, 2018 Draft October 17, 2018 Summerville, SC UDO iii TABLE OF CONTENTS T.1 HOW TO USE THIS CODE VII 4.2 DESIGN GUIDELINES 57 4.3 GUIDELINES APPLICABLE TO ALL BUILDINGS 62 1 PURPOSE & APPLICABILITY 1 4.4 RESIDENTIAL BUILDING DESIGN GUIDELINES 67 1.1 TITLE 1 4.5 MIXED-USE BUILDING DESIGN GUIDELINES 70 1.2 AUTHORITY 1 4.6 SUBURBAN COMMERCIAL BUILDING DESIGN 1.3 JURISDICTION 1 GUIDELINES 72 1.4 PURPOSE AND INTENT 2 4.7 INDUSTRIAL BUILDING DESIGN GUIDELINES 75 1.5 LIBERAL CONSTRUCTION 2 4.8 CIVIC/INSTITUTIONAL BUILDING DESIGN 1.6 CONSISTENCY WITH ALL ADOPTED PLANS 2 GUIDELINES 76 1.7 CONFORMITY WITH ALL STANDARDS 3 5 SUBDIVISION AND INFRASTRUCTURE 1.8 ANNEXATIONS 3 STANDARDS 79 1.9 TRANSITIONAL PROVISIONS 3 5.1 PURPOSE AND INTENT 79 1.10 CONFLICTS AND SEVERABILITY 5 5.2 APPLICABILITY AND ADMINISTRATION 80 1.11 EFFECTIVE DATE 5 5.3 REQUIRED IMPROVEMENTS & COORDINATION FOR ALL DEVELOPMENT 82 2 DISTRICTS 7 5.4 LAND SUITABILITY 83 2.1 PURPOSE AND INTENT 7 5.5 UTILITIES AND DRAINAGE 83 2.2 OFFICIAL ZONING MAP 7 5.6 STREET CLASSIFICATION AND DESIGN 84 2.3 GENERAL LOT AND BUILDING PROVISIONS 8 5.7 STREET CONSTRUCTION STANDARDS 92 2.4 MIXED-USE DISTRICTS 13 5.8 ACCESS & CONNECTIVITY 98 2.5 MIXED-USE DISTRICT STANDARDS 15 5.9 TRAFFIC IMPACT ANALYSIS 101 2.6 CONVENTIONAL DISTRICTS 18 5.10 EASEMENTS AND DEDICATIONS 104 2.7 CONVENTIONAL DISTRICT STANDARDS 20 5.11 SURVEYING, INSPECTIONS & WARRANTIES 106 2.8 SPECIAL DISTRICTS 22 2.9 SPECIAL DISTRICT STANDARDS 23 6 PARKS & OPEN SPACE 111 2.10 PLANNED DEVELOPMENT DISTRICTS 24 6.1 PURPOSE & INTENT 111 2.11 HISTORIC DISTRICTS 25 6.2 DEDICATION & CONSERVATION REQUIREMENTS 112 6.3 PAYMENT IN LIEU OF DEDICATION AND 3 USE PROVISIONS 27 CONSERVATION 113 3.1 PURPOSE AND INTENT 27 6.4 PARK STANDARDS 114 3.2 APPLICABILITY 27 6.5 OPEN SPACE STANDARDS 119 3.3 TABLE OF PERMITTED USES 29 6.6 OWNERSHIP AND MAINTENANCE 120 3.4 CONDITIONAL USE PROVISIONS 34 3.5 ACCESSORY USES AND STRUCTURES 49 7 PARKING & DRIVEWAYS 123 3.6 TEMPORARY USES 52 7.1 PURPOSE AND INTENT 123 7.2 APPLICABILITY 124 4 SITE & BUILDING DESIGN GUIDELINES 55 7.3 VEHICLE PARKING LOCATION 124 4.1 PURPOSE AND APPLICABILITY 55 7.4 REQUIRED PARKING 125 iv Summerville, SC UDO Draft October 17, 2018 7.5 BICYCLE PARKING STANDARDS 127 11.3 FLOODPLAIN MANAGEMENT 177 7.6 PARKING LOT DESIGN STANDARDS 129 11.4 ADMINISTRATION OF FLOODPLAIN 7.7 DRIVEWAYS AND OFF-STREET PARKING ACCESS 132 MANAGEMENT 179 11.5 PROVISIONS FOR FLOOD HAZARD REDUCTION 185 8 TREE PRESERVATION, LANDSCAPING & 11.6 FLOODPLAIN MANAGEMENT VARIANCES 196 SCREENING 135 11.7 FLOODPLAIN MANAGEMENT LEGAL STATUS 8.1 PURPOSE & INTENT 135 PROVISIONS 199 8.2 APPLICABILITY 135 11.8 STORMWATER MANAGEMENT 200 8.3 TREE PROTECTION 138 11.9 ADMINISTRATION OF STORMWATER MANAGEMENT 201 8.4 SITE LANDSCAPING 141 11.10 STORMWATER QUALITY MANAGEMENT 205 8.5 PARKING AREA LANDSCAPING 142 11.11 STORMWATER APPROVAL AND PERMIT 8.6 SCREENING/BUFFERS 145 REQUIREMENTS 218 8.7 INSTALLATION & MAINTENANCE STANDARDS 147 8.8 ADMINISTRATION 149 12 NONCONFORMITIES 223 12.1 PURPOSE AND INTENT 223 9 LIGHTING 151 12.2 APPLICABILITY 223 9.1 PURPOSE AND INTENT 151 12.3 GENERAL PROVISIONS AND PROCEDURES 224 9.2 APPLICABILITY 151 12.4 NONCONFORMING USES 225 9.3 DESIGN STANDARDS 152 12.5 NONCONFORMING STRUCTURES 226 9.4 STREET LIGHTING 155 12.6 NONCONFORMING LOTS 227 10 SIGNS 157 12.7 NONCONFORMING PLANS 228 10.1 PURPOSE AND INTENT 157 12.8 NONCONFORMING SIGNS 229 10.2 APPLICABILITY 158 12.9 NONCONFORMING SITES 230 10.3 RESIDENTIAL SIGNS 159 13 ADMINISTRATION & PROCEDURES 231 10.4 MIXED-USE, COMMERCIAL, AND INDUSTRIAL SIGNAGE 160 13.1 PURPOSE AND APPLICABILITY 231 10.5 CHANGEABLE COPY SIGNS 163 13.2 ADMINISTRATIVE OFFICIALS & AGENCIES 231 10.6 SIGN ILLUMINATION 164 13.3 BOARDS AND COMMISSIONS 233 10.7 TEMPORARY SIGNS 165 13.4 GENERAL PERMITTING PROCESS 239 10.8 SIGNS THAT DO NOT REQUIRE A PERMIT 166 13.5 APPLICATION REQUIREMENTS 244 10.9 PROHIBITED SIGNS 167 13.6 APPLICATION PROCEDURES 246 10.10 ADMINISTRATION 170 13.7 ADMINISTRATIVE PERMITS 248 13.8 DESIGN REVIEW 251 11 WATER MANAGEMENT 175 13.9 LAND DEVELOPMENT & SUBDIVISION 255 11.1 PURPOSE AND APPLICABILITY 175 13.10 ADJUSTMENTS AND APPEALS 259 11.2 STREAM AND WETLAND BUFFERS 175 13.11 AMENDMENTS AND OTHER LEGISLATIVE ACTIONS 265 Draft October 17, 2018 Summerville, SC UDO v 14 VIOLATIONS AND ENFORCEMENT 275 14.1 COMPLIANCE REQUIRED 275 14.2 ENFORCEMENT 276 14.3 REMEDIES AND PENALTIES 278 15 DEFINITIONS 281 15.1 INTENT 281 15.2 RULES OF CONSTRUCTION 281 15.3 DEFINITION OF TERMS 282 vi Summerville, SC UDO Draft October 17, 2018 T.1 HOW TO USE THIS CODE T.1 HOW TO USE THIS CODE The following text is advisory only and is intended to give a brief overview of the overall Unified Development Ordinance. The Town Planning Staff is always available via phone or email - see www. summervillesc.gov/zoning for contact information. T.1.1 IF YOU OWN OR LEASE PROPERTY AND WANT TO KNOW WHAT RULES APPLY IN ORDER TO BUILD OR ESTABLISH A PARTICULAR USE: A. Step 1: Find your zoning district and any overlay districts by looking at the Official Zoning Map (Planning Department, County GIS or www.summervillesc.gov/zoning) B. Step 2: Determine the development standards — setbacks, building height limits, etc. — as described in Chapter 2. See Section 2.5 for Mixed-Use Districts and Section 2.7 for Conventional Districts. 1. Additional standards for Parking, Landscaping, and Lighting can be found in Chapters 7, 8 and 9 respectively. 2. If there is an existing building that does not conform to the development standards in Chapter 2, see Chapter 12: Nonconformities. C. Step 3: Determine approved uses, and any conditions and special exceptions that may apply — Chapter 3, beginning with Section 3.2. If there is an existing use that does not conform to the Use Provisions in Chapter 3, see Chapter 12: Nonconformities. D. Step 4: If the project involves any new construction or building modification: 1. see Chapter 4 for Building Design standards and whether or not they apply 2. see Chapter 11 for Stormwater Standards, along with other Environmental Protection standards including Floodplain Management. E. Step 5: If the project involves any signage, see Chapter 10. F. Step 6: Determine the process for moving forward, as described in Chapter 13. T.1.2 IF YOU WANT TO SUBDIVIDE YOUR PROPERTY A. Step 1: Find your zoning district and any overlay districts by looking at the Official Zoning Map (Planning Department, County GIS or www.summervillesc.gov/zoning) B. Step 2: Determine the development standards — minimum lot sizes, setbacks, etc. — as described in Chapter 2. C. Step 3: Determine approved uses, and any conditions and special exceptions that may apply — Chapter 3, beginning with Section 3.2. D. Step4: Determine the subdivision and infrastructure standards for the proposed development of the property in Chapter 5. E. Step 5: Determine the process for moving forward, as described in Chapter 13. T.1.3 IF YOU WANT TO CHANGE YOUR ZONING DISTRICT Only Town Council may rezone property, following public notice and public hearings. See Section 13.11 for a description of the complete process. Draft October 17, 2018 Summerville, SC UDO vii This page intentionally left blank viii Summerville, SC UDO Draft October 17, 2018 1 1 PURPOSE & APPLICABILITY 1.1 TITLE This document is to be known as the “Town of Summerville Unified Development Ordinance (UDO).” It should be read in conjunction with the official zoning map noted in subsection 2.2. (Section 32-2) 1.2 AUTHORITY The development regulations contained in this UDO have been adopted pursuant to the authority conferred by the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, S.C. Code 1976, § 6-29-310 et seq. The enumeration of these sections of the General Statutes is not intended to exclude any other section of the General Statutes which grants or confirms authority to municipalities to promulgate SECTIONS ordinances, rules, or regulations similar or identical to those set forth 1.1 TITLE 1 in the Unified Development Ordinance. (Section 32-1) 1.2 AUTHORITY 1 1.3 JURISDICTION 1 1.3 JURISDICTION 1.4 PURPOSE AND INTENT 2 Pursuant to the general health, safety and welfare of the community, 1.5 LIBERAL CONSTRUCTION 2 the articles and sections of this UDO apply as relevant to all public 1.6 CONSISTENCY WITH ALL ADOPTED and private development within the corporate limits of Summerville PLANS 2 in their current form and in all future extensions and configurations as shown on the official zoning map and its periodic updates.