Article 4. Zoning Districts

Transcription

1 Section 4.1: Establishment of Districts Article 4. Zoning Districts 4.1 Establishment of Districts For the purpose of this UDO, portions of the City as specified on the Official Zoning Map of the City are hereby divided into the following zoning districts: BASE ZONING DISTRICTS Residential Zoning Districts TR Transitional Residential RE Residential Estate R-1 Low Density Single-Family Residential R-2 Medium Density Single-Family Residential R-3 Medium-High Density Single-Family Residential R-4 High Density Single-Family Residential GR General Residential TBR Traditional Beaufort Residential MHP Manufactured Home Park Commercial Zoning Districts NC Neighborhood Commercial OC Office Commercial CC Core Commercial GC General Commercial HC Highway Commercial Industrial Zoning Districts LI Limited Industrial IP Industrial Park Special Purpose Zoning Districts CP Conservation Preservation MED Medical PUD Planned Unit Development MR Military Reservation OVERLAY ZONING DISTRICTS AICUZ Air Installation Compatibility Use Zone -D Development Design -H Historic 4.2 Official Zoning Map A. The boundaries of the above zoning districts are a map or series of maps entitled "Official Zoning Map, City of Beaufort" which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this UDO. Special purpose zoning districts intended to serve as floating districts are not established on the zoning map until a specific district is proposed and approved by the City. B. Each map bearing the designation "Official Zoning Map, City of Beaufort" shall be identified by the signature of the Administrator, and bearing the seal of the City under the words: "Official Zoning Map, City of Beaufort, South Carolina," together with the date of the adoption of the map. City of Beaufort, South Carolina Revised September 14,

2 Article Article 4: Zoning Districts Section 4.3: Rules for Interpretation of District Boundaries C. If, in accordance with the provisions of this UDO and Section of the Code of Laws of South Carolina, 1976, as amended, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly. D. No changes of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this UDO and punishable as provided by law. E. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be located in the Department of Planning and Development Services, shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the City. 4.3 Rules for Interpretation of District Boundaries Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply: A. Boundaries indicated as approximately following the centerlines or right-of-way lines of streets, highways, alleys, railways or public utility easements shall be construed to follow such lines; B. Boundaries indicated as approximately following plotted lot or tract lines shall be construed as following such lines, whether public or private; C. Boundaries indicated as approximately following the City limit line shall be construed to follow such City limit line; D. Boundaries indicated as approximately following the center, mean high water mark, or shoreline of streams, rivers, canals, lakes, marsh areas, or other bodies of water, lowland, or tide areas, shall be construed to follow such boundaries; E. Distances not specifically indicated on the Official Zoning Map, or in other circumstances not covered by Sections A through D above, the Zoning Board of Appeals shall interpret the district boundaries. 4.4 Adjustments to City Limits Where City limit boundaries change by virtue of annexation or some other means, the following provisions shall apply: A. Areas to be annexed into the incorporated limits of Beaufort shall be assigned zoning classifications by the City Council. B. In all cases, where additions in the City's total area require adjustments in the zoning district boundaries, the adjustment shall be made on the Official Zoning Map. C. When reductions are made in the City's total incorporated area the provisions of this UDO shall no longer apply to that area. 4.5 Residential Districts A. TR Transitional Residential District The TR Transitional Residential zoning district is intended to establish and maintain quiet, livable residential areas in conjunction with traditional agricultural, forestry, 4-2 Revised September 14, 2012 City of Beaufort, South Carolina

3 Section 4.5: Residential Districts and open space uses in a low density setting. The district will also be used as an interim zoning classification for lands where development is not appropriate in the near term because of infrastructure or other constraints. The regulations are designed to discourage any encroachment by commercial, industrial or other uses capable of adversely affecting the current open space character of the district. B. RE Residential Estate District The RE zoning district is intended to be developed and reserved for rural density single-family purposes. The regulations that apply within this district are designed to encourage the formation and continuance of a stable, healthy environment for single-family dwellings situated on lots of 21,780 square feet or more, and to discourage any encroachment by commercial, industrial or other uses capable of adversely affecting the residential character of the district. This district is expressly intended to serve as a transition from the County s Rural and Rural Residential districts as they are annexed into the City. C. R-1 Low Density Single-Family Residential District The R-1 zoning district is intended to be developed and reserved for low-density single-family residential purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a stable, healthy environment for single-family dwellings situated on lots of 12,500 square feet or more, and to discourage any encroachment by commercial, industrial or other uses capable of adversely affecting the residential character of the district. D. R-2 Medium Density Single-Family Residential District The R-2 zoning district is intended to be developed and reserved for mediumdensity single-family residential purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a stable healthy environment for single-family dwellings situated on lots of 9,000 square feet or more; and to discourage any encroachment by commercial, industrial or other use capable of adversely affecting the residential character of the district. E. R-3 Medium-High Density Single-Family Residential District The R-3 zoning district is intended to be developed and reserved for mediumdensity single-family residential purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a stable, healthy environment for single-family dwellings situated on lots of 6,000 square feet or more; and to discourage any encroachment by commercial, industrial or other use capable of adversely affecting the residential character of the district. F. R-4 High Density Single-Family Residential District The R-4 zoning district is intended to be developed and reserved for high-density single-family residential purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a stable, healthy environment for single-family dwellings situated on lots of 4,000 square feet or more; and to discourage any encroachment by commercial, industrial or other use capable of adversely affecting the residential character of the district. G. GR General Residential District The GR zoning district is intended to be developed and reserved for medium-tohigh density residential purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a stable, healthy City of Beaufort, South Carolina Revised September 14,

4 Article Article 4: Zoning Districts Section 4.6: Commercial Districts environment for several different types of dwellings situated on lots of 6,000 or more square feet, and to discourage unwarranted encroachment of commercial, industrial or other uses capable of adversely affecting the residential character of the district. H. TBR Traditional Beaufort Residential District The Traditional Beaufort residential district is intended to be reserved for lowdensity residential purposes, compatible with the recognition of the area as a part of the Historic District included in the National Register of Historic Places. The regulations which apply within this district are designed to encourage the restoration and preservation of historic buildings, to regulate further development to dwellings that may be varied in design, but relate to and are compatible with the specific area, street or block in which situated and to avoid unwarranted encroachment of commercial or other uses affecting the historic character of the district. I. MHP Manufactured Home District The MHP Manufactured Home zoning district is intended to provide a sound and healthy residential environment sufficient to meet the unique needs of inhabitants living in manufactured homes, to protect manufactured home parks from encroachment by incompatible uses, and to encourage the consolidation of manufactured homes into manufactured home parks. Any manufactured home park within the City shall henceforth be located in conformance with the regulations set forth herein. 4.6 Commercial Districts A. NC Neighborhood Commercial District The NC Neighborhood Commercial zoning district is intended to be developed and reserved for limited scale local or neighborhood-oriented business purposes which is compatible with the neighborhood it serves. The regulations which apply within this district are designed to encourage the formation and continuance of a stable, healthy and compatible environment for uses that are located so as to provide nearby residential areas with convenient shopping and service facilities; reduce traffic and parking congestion; avoid the development of "strip" business districts and to discourage industrial and other encroachment capable of adversely affecting the localized commercial character of the district. No drive-through or other autooriented facilities area appropriate in this district. B. OC Office Commercial District The OC Office Commercial zoning district is intended to develop and reserve land for business office, institutional, specified public, semi-public and residential purposes. The district is also intended to provide a transition between residential and more intense uses, including commercial uses. The regulations which apply within this district are designed to encourage the formation and continuance of a quiet, compatible and uncongested environment for office type business or professional firms intermingled with dwellings and certain public or semipublic uses; and to discourage any encroachment by unrestricted retail and/or wholesale business establishments, industrial concerns or other uses capable of adversely affecting the specialized commercial, institutional and housing character of the district. 4-4 Revised September 14, 2012 City of Beaufort, South Carolina

5 Section 4.7: Industrial Districts C. CC Core Commercial District The CC Core Commercial zoning district is intended to be developed and reserved for general business and specific residential purposes. The regulations which apply within this district are designed to encourage the maintenance of a centrally located trade and commercial area and to foster the development of certain residential uses. D. GC General Commercial District The GC General Commercial zoning district is intended to be developed and reserved for general business purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a compatible and economically healthy environment for business, financial, service and professional uses which benefit from being located in close proximity to each other; and to discourage any encroachment by industrial, residential or other uses considered capable of adversely affecting the basic commercial character of the district. E. HC Highway Commercial District The HC Highway Commercial zoning district is intended to be developed and reserved for general business purposes and with particular consideration for the automobile-oriented commercial development existing or proposed along the City's roadways. The regulations which apply within this district are designed to encourage the formation and continuance of a compatible and economically healthy environment for business, financial, service and professional uses which benefit from being located in close proximity to each other; and to discourage any encroachment by industrial, residential or other uses considered capable of adversely affecting the basic commercial character of the district. 4.7 Industrial Districts A. LI Limited Industrial District The LI Limited Industrial zoning district is intended to provide areas for Light Industrial purposes which are not significantly objectionable in terms of noise, odor, fumes, etc., to surrounding properties. The regulations which apply within this district are designed to encourage the formation and continuance of a compatible environment for uses generally classified to be Light Industrial in nature; protect and reserve undeveloped areas in the City which are suitable for such industries and discourage encroachment by those residential, commercial or other uses capable of adversely affecting the basic industrial character of the district. B. Industrial Park The Industrial Park District is a planned district intended to accommodate the location of industrial, manufacturing, or large-scale utility operations that, by their nature are not properly associated with, nor compatible with, residential, commercial, and service establishments. 4.8 Special Purpose Districts A. CP Conservation Preservation District The CP Conservation Preservation zoning district is intended to be established and maintained to preserve and/or control development within certain land, marsh and/or water areas of the City which (1) serve as wildlife refuges; (2) possess great City of Beaufort, South Carolina Revised September 14,

6 Article Article 4: Zoning Districts natural beauty or are of historical significance; (3) are utilized for outdoor recreational purposes; (4) provide needed open space for the health and general welfare of the City's inhabitants; or (5) are subject to periodic flooding. The regulations which apply within this district are designed to reserve such areas for the purposes outlined herein and to discourage any encroachment by residential, commercial, industrial or other uses capable of adversely affecting the relatively undeveloped character of the district. B. MED Medical District The MED Medical District is intended to ensure that, in view of the unique nature of hospitals, their land need, and their effect on surrounding properties: 1. Specific areas be set aside to permit hospital and allied services; 2. Such areas be protected against encroachment from non-related and incompatible uses; 3. Provisions be made for the possible expansion of hospitals and allied services; and 4. To the greatest extent possible, surrounding land uses and properties be stabilized against any possible detrimental effects that might be created by the proximity of the hospital and allied services. C. PUD Planned Unit Development District The PUD zoning district is intended to be reserved for the establishment and continuance of shopping centers, group housing projects, planned industrial developments, medical centers, resort areas and similar types of large-scale compatible use developments. The regulations which apply within this district are designed to encourage the formation of such planned developments when and as appropriate and to permit the greatest latitude possible with respect to: 1. Internal site planning considerations. 2. The location of these developments within the incorporated portions of the City in the best interest of the long-range development plans for the City. D. MR Military Reservation District The MR Military Reservation zoning district is intended to be developed and reserved for military facilities and their supporting uses including residential areas housing military personnel and their families. This district shall include all land owned by the United States government and used or anticipated to be used for military and military-related purposes. The regulations are designed to support and protect federal military facilities including the Marine Corps Air Station Beaufort. 4.9 Overlay Districts A. Air Installation Compatibility Use Zone (AICUZ) The purpose of the Air Installation Compatible Use Zone (AICUZ) is to provide for the compatible development of land surrounding and affected by operations of the Marine Corps Air Station (MCAS) Beaufort. This section is designed to establish limitations on the height of objects and uses of land to prevent the creation of obstructions hazardous to aeronautical operations or which could increase the risk to the public s health, safety or well-being in the event of an aviation accident of which would otherwise impair the full utility and operating capacity of MCAS Beaufort. This section creates specific zones for three separate purposes: (1) providing height restrictions confirming to varying obstruction standards; (2) 4-6 Revised September 14, 2012 City of Beaufort, South Carolina

7 providing land use limitations and noise mitigation standards to reduce the impact airport operations have on land uses; and (3) providing land use limitations based on increased risk of injury, hazard to health or property damage in the event of an aircraft accident. B. Beaufort County Airport Overlay It is the intent of this section to promote the health, safety and general welfare of the inhabitants of the area by preventing the creation, establishment or maintenance of hazards to aircrafts, preventing the destruction or impairment of the utility of the Beaufort County Airport [the Airport] and the public investment therein, and protecting the lives and properties of owners or occupants of lands in the vicinity of the Airport as well as the users of the Airport. It is further the intent of this section to aid and implement the overriding federal interest in the safe operation of the Airport and the security of land surrounding the Airport. The Airport Overlay District shall overlay other zoning classifications that shall be referred to as base zoning. The District includes all lands within established airport height zones affected by operations at the Beaufort County Airport. In addition to the zoning district regulations set forth in the base zoning district, the provisions of this section as they apply to a parcel of land shall also apply. C. Development Design Districts 1. The purpose of establishing this Development Design District is to protect and promote the appearance, character and economic value of development in the City of Beaufort, particularly development adjacent to major roads as defined herein. In particular, the purpose of the Development Design District is to encourage and better articulate positive visual experiences along the City's major roads and to assure respect for the character, integrity and quality of the built and natural environments of the City. These regulations are designed to enhance the quality of development and to promote traffic and pedestrian safety. The intent of these regulations is not to stifle innovative or creative development; rather, the intent is to protect and enhance the City's unique aesthetic character and encourage development which is harmonious with the natural and manmade assets of the Lowcountry. 2. These purposes will be achieved through evaluation of proposed developments within this district by the Design Review Board as established in Section 2.8 of this UDO, which shall review the location, character and appearance of new development. It is the purpose of such review to determine, in a cooperative fashion with the applicant, whether the proposed plan meets the guidelines and other standards of this district. 3. Delineation of Districts Development Design Districts are defined as follows: a. U.S. Highway 21 District The area between the right-of-way and a line measured 500 feet both sides of U.S. Highway 21 from the Beaufort city limits east to the west side of Ribaut Road on the south and to the west side of Sycamore Street on the north. City of Beaufort, South Carolina Revised September 14,

8 Article Article 4: Zoning Districts b. S.C. Highway 170 District The area between the right-of-way and a line measured 500 feet both sides of S.C. Highway 170 from the Beaufort city limits northeast to U.S. Highway 21. c. Ribaut Road District The area between the right-of-way and a line measured 300 feet both sides of Ribaut Road from the Beaufort city limits north to U.S. Highway 21 not including any parcels included in the U.S. Highway 21 or Boundary Street District. d. Boundary Street District The area between the right-of-way and a line measured 300 feet both sides of Boundary Street from the east side of Ribaut Road on the south and from the east side of Sycamore Street on the north, east to Carteret Street. e. Lady s Island Village Center District The area between the right-of-way and a line measured 300 feet both sides of U.S. Highway 21 Business (Sea Island Parkway) from the Woods Memorial Bridge to Cougar Drive at Lady s Island Middle School. f. Lady s Island Drive District The area between the right-of-way and a line measured 500 feet both sides of S.C. Highway 802 from the McTeer Bridge to U.S. Highway 21 Business (Sea Island Parkway), except for those parcels which are located in the Lady s Island Village Center District as defined in this section. g. S. C. Highway 280 District The area between the right-of-way and a line measured 500 feet both sides of S.C. Highway 280. h. Broad River Boulevard District The area between the right-of-way and a line measured 300 feet both sides of Broad River Boulevard. i. Area-wide Commercial District Any lot zoned for commercial, office or multifamily development which is not located in the Historic District or a Design District as defined in this section and any lot zoned Limited Industrial which has frontage on a Major or Minor Arterial Street. j. Sam s Point Road District The area between the right-of-way and a line measured 300 feet both sides of Sam s Point Road, except for those parcels which are 4-8 Revised September 14, 2012 City of Beaufort, South Carolina

9 located in the Lady s Island Village Center District as defined in this section. D. Beaufort Historic District 1. Purpose The purpose of the Beaufort Historic District is to promote the educational, cultural, and general welfare of the public through the preservation, protection and enhancement of the old, historic or architecturally worthy structures and areas of the City; and to maintain such structures and areas as visible reminders of the history and cultural heritage of the City, the state and the nation. The Historic District is a pedestrian-oriented area. In general, no drivethrough or other auto-oriented facilities are appropriate in this district. 2. Beaufort Historic District Designated For the purpose of this section, the Beaufort Historic District is hereby established. The boundaries of this district shall be designated on the Official Zoning Map of the City of Beaufort. The boundaries of the Beaufort Historic District and the Beaufort National Historic Landmark District are the same with the following clarifications/exceptions: a. Where boundaries are designated at specific roads, the centerlines of the rights-of-way of those roads shall be deemed said boundaries; b. The east and south boundaries of the district are established at the Beaufort River. These boundaries are established at the parcel lines, seawalls, or at mean high water, whichever extends further from the high ground; and c. Structures attached to the high ground are deemed to lie within the district and shall be reviewed in entirety in accordance with the provisions of this section. 3. Subdistricts Established a. The Beaufort Historic District shall be composed of two subdistricts identified as the Beaufort Preservation Neighborhood (BPN) and the Beaufort Conservation Neighborhood (BCN). There may be established one or more of each subdistrict within the Beaufort Historic District, provided that all such districts shall consist of at least five acres of contiguous land. The boundaries of these subdistricts shall be designated on the Official Zoning Map of the City of Beaufort. b. Where the term "Beaufort Historic District" (or a similar reference such as "historic district") is used in this article or in any supplementary materials it shall apply to both subdistricts. However, where there is a specific reference to a subdistrict, that specific reference shall apply and supersede any reference to the "Beaufort Historic District". 4. Neighborhoods Established a. The Point Neighborhood The Point Neighborhood is bordered on the north by the Beaufort River, on the south by the Beaufort River, on the east by the Beaufort River, and on the west by Carteret Street. City of Beaufort, South Carolina Revised September 14,

10 Article Article 4: Zoning Districts b. The Old Commons Neighborhood The Old Commons Neighborhood is bordered on the north by Boundary Street, on the south by Craven Street, on the east by Carteret Street, and on the west by Charles Street Revised September 14, 2012 City of Beaufort, South Carolina

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