Zoning & Land Development Regulations Ordinance Review & Amendment

• Case History
• Task List
• Legend

Redlined Amendments

• Chapter 1, Introductory Provisions
• Chapter 2, Review and Decision-Making Bodies
• Chapter 3, Development Review Procedures
• Chapter 4, Base Zoning Districts
• Chapter 5, Overlay and Special Purpose Zoning Districts
• Chapter 6, Use Regulations
• Chapter 7, Form-Based Zoning District
• Chapter 8, Subdivision Regulations
• Chapter 9, Development Standards
• Chapter 10, Nonconformities
• Chapter 11, Violations, Penalties, and Enforcement
• Chapter 12, Definitions
• Appendix A, Road and Drainage Construction Standards

Previous Public Meetings

January 11, 2021 Planning Commission Workshop

Staff presented an overview of the proposed amendments for ZLDR Chapters 1 through 4 and the overall amendments. The Commission directed staff to investigate the following ZLDR requirements and proposed amendments further for discussion at the February Commission meeting:

• Section 3.8.1, Zoning Permit Applicability: Require zoning permits for new impervious surfaces greater than 15 square feet (Commission direction: Investigate alternative thresholds);
• Section 4.2.1, Density: 
  • Clarify that density is the number of dwelling units (lots) per acre (Commission direction: Clarify the difference between “dwelling units” and “lots” as used in this section and throughout the ZLDR potentially using the term “Principal Dwelling Units per acre”);
  • Remove freshwater wetlands from the density and lot area calculations (Commission direction: investigate if any legal ramifications exist and how situations where a permit to fill a wetland has already been obtained);
• Section 4.2.3, Setbacks: Include a provision that  variances may not be required when a structure encroaches 12 inches or less into any required setback as determined by the Zoning and Planning Director (Commission direction: Consider reducing the threshold to less than 12 inches);
• Section 4.2.4, Building Height: The Commission directed staff to investigate expressing building height limitations as stories or floors in multi-family and nonresidential zoning districts similar to the way the City of Charleston regulates building height;
• Section 4.2.5, Building Coverage: The Commission directed staff to clarify that building coverage is expressed as a percentage; and
• R-4 and RR-3 Zoning Districts: The Commission directed staff to investigate:
  • No increases in the RR-3 Zoning District density;
  • No increases in the R-4 Zoning District density for properties located in Rural Area (outside the Urban Growth Boundary);
  • Allow increases for the R-4 Zoning District for properties located in the Urban/Suburban Area (within the Urban Growth Boundary) except those located adjacent to the Urban Growth Boundary and on the Sea Islands, which should maintain the current density of four dwelling units per acre.

 

February 8, 2021 Planning Commission Workshop

Staff presented proposed resolutions to address the Commission’s directives from the January 11, 2021 meeting regarding the amendments proposed for Chapters 1 - 4.  The Commission reached consensus on each of the proposed amendments as follows:

• Section 3.8.1, Zoning Permit Applicability: Require zoning permits for new impervious surfaces greater than 120 square feet in cumulative total for properties located in the Urban/Suburban Area except those in the S-3 Zoning District.  
• Section 4.2.1, Density:  
  • Change the terms “dwelling units per acre” and “dwellings per acre” to “Principal Dwelling Units per acre”; and
  • Add the following definition to Chapter 12, Definitions: “Principal Dwelling Unit: The primary or predominant Dwelling Unit on a Lot.”
• Section 4.2.1, Density (Freshwater Wetlands): 

1. Amend Section 4.2.1 read as follows: Density refers to the number of Principal Dwelling Units per unit of land area. Density is calculated by dividing the number of Principal Dwelling Units on a site by the gross area (in acres) of highland of the site on which the Principal Dwelling Units are located.   Freshwater wetlands and OCRM Critical Line Area shall not be used to calculate density.  The number of Principal Dwelling Units allowed on a site is based on the presumption that all other applicable standards of this Ordinance shall be met. The maximum density established for a district is not a guarantee that such densities may be obtained, nor shall the inability of a development to achieve the stated maximum density be considered sufficient justification for varying or otherwise adjusting other density, intensity or dimensional standards of this Ordinance;
2. Amend Sections 8.4.2.A.4.j and 8.5.2.B.9 to require United States Army Corps of Engineers Approved Jurisdictional Determinations as part of Preliminary and Final Plat applications; and
3. Amend the definition of “Lot Area” to read as follows: The total area included within the boundaries of a Lot, measured in a horizontal plane, excluding Freshwater Wetlands and OCRM Critical Line Area.

• Section 4.2.3, Setbacks: Include a provision allowing administrative variances when structures encroach less than 12 inches into any required setback as determined by the Zoning and Planning Director.
• Section 4.2.4, Building Height: Amend the building height requirements as follows:
  • Agricultural and Residential Districts: Maintain the height limit of 35 feet. 
  • UR District: Maintain the height limit of 50 feet/4 stories, but include the phrase “whichever is less.”
  • RO District: Maintain the height limit of 35 feet.
  • CI District: Change the height limit from 35 feet to 35 feet/2½ stories, whichever is less.
  • GO District: Change the height limit from 35 feet to 35 feet/2½ stories, whichever is less.
  • NC District: Change the height limit from 35 feet to 35 feet/2½ stories, whichever is less.
  • CR District: Maintain the height limit of 35 feet.
  • CC District: Change the height limit for properties in the Urban/Suburban Area from 55 feet to 55 feet/3½ stories, whichever is less; maintain the height limit of 35 feet for properties in the Rural Area.
  • I District: Change the height limit for properties in the Urban/Suburban Area from 55 feet to 55 feet/3½ stories, whichever is less; maintain the height limit of 35 feet for properties in the Rural Area.
  • RI District: Maintain the height limit of 35 feet. 
  • Add the following definition for “Half Story”: The space under a gabled or hipped roof, where the wall plates, or knee walls, on at least two opposite exterior walls are not more than two feet above the finished floor of such story. The aggregate width of dormers on a half-story shall not exceed 50 percent of the width of the exterior wall below the dormer(s).
• Section 4.2.5, Building Coverage: Amend Section 4.2.5, Building Coverage, and the definition of “Building Coverage” to read as follows: Building Coverage is the proportion, expressed as a percentage, of the area of a Lot covered by Buildings (Principal and Accessory) or roofed areas, as measured along the outside wall at ground level, and including all projections, other than fire escapes, canopies and the first two feet of a roof overhang. Swimming pools (excluding the pool decking) shall be included in Building Coverage.
• RR-3 Zoning District: Maintain the density of one dwelling unit per three acres in the RR-3 Zoning District with the ability to achieve one dwelling unit per two acres or one dwelling unit per acre through the Conservation Subdivision process as currently allowed.
• R-4 Zoning District: 
  • Maintain the current R-4 zoning district density of four dwelling units per acre;
  • Reduce the minimum lot size in the R-4 zoning district to 5,000 square feet to allow the realization of four dwelling units per acre;
  • Allow different housing types (duplexes, triplexes, fourplexes) by-right in the R-4 zoning district;
  • Delete the requirement to have 1.5 times the minimum lot size to have an accessory dwelling unit in the Urban/Suburban Area; 
  • Delete the 800 square foot maximum accessory dwelling unit size requirement for properties in the Urban/Suburban Area; and
  • Address higher densities for affordable and workforce housing in Chapter 6.

 

March 8, 2021 Planning Commission Meeting and Workshop

• Meeting: The Planning Commission recommended approval of the revised proposed amendments for the overall amendments and Chapters one through four (not changing the existing RR-3 and R-4 zoning district densities).  
• Workshop: Staff presented an overview of the proposed amendments to incentivize affordable and workforce housing pursuant to the directive from the County Council Special Housing Committee (ZLDR Sec. 6.4.19).  

 

April 19, 2021 Planning Commission Workshop

Staff presented an overview of the proposed amendments for ZLDR Chapter 5 and Sections 6.1-6.4.

 

May 10, 2021 Planning Commission Meeting and Workshop

• Meeting: The Planning Commission recommended approval of the proposed amendments to Chapter 5, Overlay and Special Purpose Zoning Districts.
•  Workshop: Staff presented the proposed amendments to Chapter 6, Use Regulations.

 

June 14, 2021 Planning Commission Workshop

•  Workshop: Staff presented proposed amendments to Chapter 3, Development Review Procedures; Chapter 5, Overlay and Special Purpose Zoning Districts; Chapter 6, Use Regulations; and Chapter 8, Subdivision Regulations.

 

June 28, 2021 Planning Commission Workshop and Meeting

• Workshop: Staff presented proposed amendments to Chapter 3, Development Review Procedures; Chapter 5, Overlay and Special Purpose Zoning Districts; Chapter 6, Use Regulations; Chapter 8, Subdivision Regulations; Chapter 10, Nonconformities; Chapter 12, Definitions; and the Historic Preservation Ordinance.
• Meeting: Planning Commission voted to recommend approval of proposed amendments to Chapters 3, 5, 6, 8, 10, and 12.

 

July 19, 2021 Planning Commission Workshop and Meeting

• Workshop: Staff announced that additional amendments to Chapter 4, Base Zoning Districts, were being proposed to clarify that the Rural Residential 3 (RR-3) Zoning District is classified as an agricultural district, rather than a residential district, due to its location outside of the Urban Growth Boundary. Staff presented proposed amendments to Chapter 9, Development Standards, and Appendix A, Road and Drainage Construction Standards.
• Meeting: Planning Commission voted to recommend approval of the proposed amendments to Chapter 9 and Appendix A.

Upcoming Meetings:

• Public Hearing: September 14, 2021