Zoning Ordinance PDF

ZONING
ORDINANCE
Adopted: December, 2005
Effective Date: March 1, 2006
Modified May 14, 2007
City of Rock Hill Planning and

Development Services Department
P.O. Box 11706

155 Johnston Street
Rock Hill, SC 29731-1706
http://www.cityof rockhill.com
ZONING
ORDINANCE
Article 1: General Provisions
ARTICLE 1: GENERAL PROVISIONS
1-100 TITLE 1
(A) PURPOSE AND INTENT ........................................................................................................... 1
1-200 AUTHORITY 1
(A) GENERAL .............................................................................................................................. 1
(B) REFERENCE TO SOUTH CAROLINA GENERAL STATUTES .......................................................... 1
1-300 PURPOSE AND INTENT................................................................................................................. 1
(A) GENERAL .............................................................................................................................. 1
1-400 APPLICABILITY AND JURISDICTION........................................................................................... 2
(A) GENERAL .............................................................................................................................. 2
(B) APPLICATION TO GOVERNMENTAL UNITS ................................................................................ 2
(C) NO DEVELOPMENT UNTIL COMPLIANCE WITH THIS ORDINANCE ................................................ 3
(D) EXEMPTIONS ......................................................................................................................... 3
1-500 RELATIONSHIP TO OTHER CODES, ORDINANCES, AND LAWS............................................. 3
(A) CONFLICTS WITH OTHER CITY CODES OR LAWS...................................................................... 3
(B) CONFLICTS WITH PRIVATE AGREEMENTS ................................................................................ 4
(C) CONFLICTS WITH STATE OR FEDERAL LAW ............................................................................. 4
1-600 OFFICIAL ZONE DISTRICT MAP................................................................................................... 4
(A) OFFICIAL ZONE DISTRICT MAP ............................................................................................... 4
(B) INCORPORATED BY REFERENCE ............................................................................................. 4
(C) ZONE DISTRICT BOUNDARIES ................................................................................................. 4
(D) CHANGES TO ZONE DISTRICT MAP ......................................................................................... 5
(E) MAPPING DISPUTES............................................................................................................... 5
(F) TRANSITION TO NEW ZONE DISTRICTS ................................................................................... 5
1-700 ZONE DISTRICT CLASSIFICATION OF ANNEXED LANDS ........................................................ 6
(A) GENERAL .............................................................................................................................. 6
(B) REZONE REQUESTED AS PART OF ANNEXATION ...................................................................... 7
1-800 SEVERABILITY ............................................................................................................................... 7
1-900 TRANSITIONAL PROVISIONS....................................................................................................... 7
(A) EFFECTIVE DATE ................................................................................................................... 7
(B) VIOLATIONS CONTINUE .......................................................................................................... 7
(C) COMPLETION OF PERMIT APPROVALS OR COMPLETED APPLICATIONS COMMENCED OR
APPROVED UNDER PREVIOUS ORDINANCES ........................................................................... 7
1-1000 VESTED RIGHTS TO DEVELOP PROPERTY ............................................................................... 9
(A) FINDINGS .............................................................................................................................. 9
(B) ESTABLISHMENT AND CONDITIONS OF VESTED RIGHTS ........................................................... 9
Rock Hill, South Carolina l Zoning Ordinance Article 1: TOC

Section 1-100: Title
Subsection 1-100(A): Purpose and Intent
1-100 TITLE
1-100(A) Purpose and Intent
These regulations shall be officially known as the “Zoning Ordinance of Rock Hill,” and may
be referred to as the “Zoning Ordinance, or “this Ordinance.”
1-200 AUTHORITY
1-200(A) General
The Rock Hill City Council is authorized to adopt this Ordinance pursuant to the enabling
authority contained in the S.C. Code of Laws, Sections 6-29-710, et. seq., and all other
relevant laws of the state of South Carolina.
1-200(B) Reference to South Carolina General Statutes
Whenever any provision of this Ordinance refers to or cites a section of the S.C. Code of
Laws and that section is later amended or superseded, this Ordinance shall be deemed
amended to refer to the amended section or the section that most nearly corresponds to
the superseded section.
1-300 PURPOSE AND INTENT
1-300(A) General
The purpose and intent of this Ordinance is to guide development in accordance with the
existing and future needs of the City and its Comprehensive Plan, and to promote the
public health, safety, morals, convenience, order, appearance, prosperity, and general
welfare of the landowners and residents of the City, and other members of the public. The
purpose and intent of this Ordinance is more specifically to:
(1) Light and Air

Provide for adequate light and air.
(2) Lessen Congestion in Streets

Lessen congestion in the streets.
(3) Safety from Fire, Flood, and Other Dangers

Secure safety from fire, flood, and other dangers.
(4) Promote Quality Housing and Diversity of Housing Options

Promote quality housing and encourage a diversity of housing options.
(5) Downtown
Promote the downtown as a center of commerce, government, arts, culture, entertainment,
and residential life.
(6) Infill Development That is Consistent and Compatible

Encourage infill development that is consistent with its context and compatible with
surrounding uses.
(7) Protect Character of Neighborhoods

Protect and preserve the character of existing neighborhoods.
Rock Hill, South Carolina l Zoning Ordinance – May 14, 2007 Page 1-1
Section 1-400: Applicability and Jurisdiction
Subsection 1-400(A): General
(8) Sustainable, Livable, Moderate Density Neighborhoods

Promote and encourage the development of moderate density neighborhoods that are
mixed use in character, connected, pedestrian-friendly, and sensitive to natural features.
(9) Growth Centers

Encourage the development of growth centers that are mixed use in character, and located
on major growth corridors, as identified in the General Plan.
(10) Protect Historic, Scenic, and Environmentally Sensitive Areas

Protect and preserve scenic, historic, and environmentally sensitive areas.
(11) Tree Preservation

Provide standards and incentives for tree preservation and protection.
(12) Protect Riparian Areas

Protect riparian areas.
(13) Open Space

Provide for adequate and meaningful open space.
(14) Protect Character of City

Encourage and ensure new residential and business development is consistent with the
general character of the City, and compatible with surrounding uses.
(15) New Urbanism

Incorporate new urbanist principles in both residential and business development.
(16) Compact and Sustainable Development

Encourage compact and sustainable growth and development where appropriate, while
avoiding undue concentrations of population.
(17) Facilitate Adequate Provision of Public Facilities

Facilitate the adequate provision or availability of transportation, police protection, fire
protection, water, sewage, schools, parks, and other public facilities.
(18) Regulate the Use, Density, Distribution, and Character of Land

Regulate the use, density, distribution of population, and character of development on land
to carry out these purposes.
(19) Implement the General Plan

Implement the General Plan.
1-400 APPLICABILITY AND JURISDICTION
1-400(A) General
The provisions of this Ordinance shall apply to the development of all land within the
corporate limits of the City of Rock Hill, unless it is expressly exempted by a specific
section or subsection of this Ordinance.
1-400(B) Application to Governmental Units
Except as stated herein, the provisions of this Ordinance shall apply to:
Section 1-500: Relationship to Other Codes, Ordinances, and Laws
Subsection 1-400(C): No Development Until Compliance with this Ordinance
(1) City
Development of land owned or held in tenancy by the City or its agencies or
departments.
(2) County
Development of land owned or held in tenancy by any county of South Carolina
and its agencies or departments.
(3) State
Development of land owned or held in tenancy by the state of South Carolina, its
agencies, departments or political subdivisions.
(4) Federal Government

To the full extent permitted by law, development of land owned or held in tenancy
by the government of the United States, its agencies, departments or corporate
services.
1-400(C) No Development Until Compliance with this Ordinance
No structure or land shall be used and no structure or part thereof shall be located, erected,
moved, reconstructed, extended, converted, demolished or structurally altered, without full
compliance with the provisions of this Ordinance and all other applicable City, state, and
federal regulations.
1-400(D) Exemptions
(1) Acquisition of Interest in Land by State for Public Purposes

The provisions of this Ordinance shall not require formal subdivision of land as a result of
actions taken by the state of South Carolina and its political subdivisions to acquire land or
interests in land for public rights-of-way and easements.
(2) Emergency Action by City

The City or City agencies or departments may be exempt from the provisions of this
Ordinance when an emergency exists such that it is impossible to submit to the normal
procedures and requirements of this Ordinance and quick and instant action is necessary
to secure the public health, safety, or welfare. The City Council shall ratify such exemption
after the fact at its next regularly scheduled meeting, and shall base its ratification on
specified findings of fact related to the emergency involved.
(3) Homes for the Disabled

Pursuant to S.C. Code of Laws Section 6-29-770(E), the provisions of this Ordinance do
not apply to a home serving nine (9) or fewer mentally or physically handicapped persons if
the home provides care on a twenty-four (24) -hour basis and is approved or licensed by a
state agency or department or is under contract with the agency or department for that
purpose. Pursuant to S.C. Code of Laws Section 6-29-770(E), prior to locating a home for
handicapped persons in the City, the appropriate state agency or department or the private
entity proposing to operate the home shall first give prior notice to the City, advising of the
exact location of the proposed home, and comply with the other requirements of that
provision, state law, and federal law.
1-500 RELATIONSHIP TO OTHER CODES, ORDINANCES, AND LAWS
1-500(A) Conflicts with Other City Codes or Laws
If the provisions of this Ordinance are inconsistent with one another or if the provisions of
this Ordinance conflict with provisions found in other adopted codes or ordinances of the
Section 1-600: Official Zone District Map
Subsection 1-500(B): TConflicts with Private Agreements
City, the more restrictive provision shall govern unless the terms of the provisions specify
otherwise.
1-500(B) Conflicts with Private Agreements
If the provisions of this Ordinance conflict with the provisions of private easements,
covenants, or restrictions, the stricter of the requirements shall apply. The City shall not be
responsible for monitoring or enforcing private covenants and restrictions, although the City
may inquire as to whether land is subject to covenants and restrictions during the review of
development applications.
1-500(C) Conflicts with State or Federal Law
If the provisions of this Ordinance are inconsistent with the law or regulations of the state or
federal government, the more restrictive provision shall control, to the extent permitted by
law.
1-600 OFFICIAL ZONE DISTRICT MAP
1-600(A) Official Zone District Map
(1) General
The Official Zone District Map designates the location and boundaries of the
various zone districts established in this Ordinance within the City. The Official
Zone District Map shall be kept on file in the office of the Development Services
Director and is available for public inspection during normal business hours. The
original official version of the map shall be identified by the signature of the Mayor
attested by the City Clerk, and shall bear the seal of the City. It may be kept in
either hardcopy or digital form. It shall be the final authority as to the status of the
current zone district classification of land in the City, and shall only be amended in
accordance with this subsection.
(2) Damage, Destroyed, or Lost

In the event the Official Zone District Map is damaged, destroyed, lost, or becomes
difficult to read and interpret due to the number of changes, the City Council may
by resolution adopt a new Official Zone District Map to replace the damaged,
destroyed, or lost map. The new Official Zone District Map shall not make any
substantive changes (amendments), but may correct drafting and other clerical
errors and omissions on the previous Official Zone District Map. The revised official
version of the map shall be identified by the signature of the Mayor attested by the
City Clerk, and shall bear the seal of the City. Unless the previous Official Zone
District Map is lost or has been totally destroyed, the previous map and any
significant parts remaining shall be preserved, together with all records of the City
Council regarding its adoption and amendment.
1-600(B) Incorporated by Reference
The Official Zone District Map and all the notations thereon are hereby incorporated by
reference and made part of this Ordinance.
1-600(C) Zone District Boundaries
Unless otherwise expressly stated in the ordinance adopting an amendment to the Official
Zone District Map (see Section 2-300(A), Amendments to Text and Official Zone District
Map (Rezone)), or otherwise specified, zone district boundaries are lot lines or the
centerline of streets, alleys, railroad rights-of-way, streams and rivers, City limit boundaries,
or such lines extended. Where a zone district boundary divides a parcel of land into two (2)
Section 1-600: Official Zone District Map
Subsection 1-600(D): Changes to Zone District Map
districts, then the entire parcel shall be zoned for the more restrictive use by the adjustment
of boundaries, provided the land was under single ownership on or before March 1, 2006,
and that the boundary adjustment is a distance of fifty (50) feet or less.
1-600(D) Changes to Zone District Map
Changes made in zone district boundaries or other matters portrayed on the Official Zone
District Map shall be made in accordance with the provisions of this Ordinance (Section 2-
300(A), Amendments to Text and Official Zone District Map (Rezone)). Changes shall be
entered on the Official Zone District Map by the Development Services Director promptly
after the amendment has been approved by the City Council.
1-600(E) Mapping Disputes
The Development Services Director shall have the authority to interpret the Official Zone
District Map and determine where the boundaries of the different zone districts fall, if in
dispute (see Section 2-300(Q), Interpretations by the Development Services Director).
1-600(F) Transition to New Zone Districts
Upon the effective date of this Ordinance, land that is zoned with a zone district
classification from the previous Zoning Code shall be re-classified or translated to one of
the zone district classifications in this Ordinance as set forth in Article 3: Zone Districts.
Table 1-600(F), Transition to New Zone Districts, summarizes the translation or re-
classification of the zone districts in the previous Zoning Code to the zone districts used in
this Ordinance. (For example, Table 1-600(F) shows all lands classified as RS-1 in the
previous Zoning Code are classified SF-3 in this Ordinance.)
TABLE 1-600(F): TRANSITION TO NEW ZONE DISTRICTS [1]

OLD ZONE DISTRICT CORRESPONDING NEW ZONE DISTRICT
RESIDENTIAL DISTRICTS
Single-Family Residential-2 (SF-2) (NEW)
Single-Family Residential-1 (RS-1) Single-Family Residential-3 (SF-3)
Single-Family Residential-2 (RS-2) Single-Family Residential-4 (SF-4)
Single-Family Residential-3 (RS-3)
Single-Family Residential-5 (SF-5)
Single-Family Residential-4 (RS-4)
Single-Family Residential-8 (SF-8) (NEW)
Multi-Family-8 (MF-8) (NEW)
General Residential
Multi-Family-15 (MF-15)
(RG, RG-1(A), RG-1(B), RG-2)
Planned Mobile Home Subdivision (PMHS) Mobile Home Park (MHP)

Rural Holding (RH) Rural Holding (RH)
BUSINESS DISTRICTS
Office and Institutional (OI) Office and Institutional (OI)
General Residential/Office (RG-O)
Neighborhood Office (NO)
Transitional
Central Business District (CBD)
Downtown (DTWN)
Town Center (TC)
Section 1-700: Zone district classification of Annexed Lands
TABLE 1-600(F): TRANSITION TO NEW ZONE DISTRICTS [1]

OLD ZONE DISTRICT CORRESPONDING NEW ZONE DISTRICT
Neighborhood Commercial (NC) Neighborhood Commercial (NC)

Limited Commercial (LC) Limited Commercial (LC)
Community Commercial (CC) (NEW)
Highway Commercial (CH)
General Commercial (GC)
General Commercial (GC)
Neighborhood Mixed Use (NMU) Neighborhood Mixed Use (NMU)
Mixed Use Corridor (MUC) Mixed Use Corridor (MUC)
Light Manufacturing (M-L) Industry General (IG)
Heavy Manufacturing (M-H) Industry Heavy (IH)
Industry Business (IB) (NEW)
OVERLAY DISTRICTS
Road Corridor Overlay (YR-1) Road Corridor Overlay (YR-1)
Urban Design Overlay (YU)
Historic Overlay (YH) Historic Overlay (YH)
Neighborhood Conservation Overlay (NCO) (NEW)
Airport Overlay (AO) (NEW)
Special Corridor Overlay (SCO) (NEW)
PLANNED DEVELOPMENT DISTRICTS
Planned Residential Development (PRD) [2]
Planned Unit Development (PUD) [2]
Planned Development-Residential (PD-R) (NEW)
Planned Development-Commercial (PD-C) (NEW)
Planned Development-Major Employment Center
(PD-MEC) (NEW)
Planned Development-Traditional Neighborhood
Development (PD-TND) (NEW)
Planned Development-Planned Educational District
(PD-PED) (NEW)
NOTES:
[1] Lands designated under “Old Zone District” as depicted in the left column of the table are translated or re-
classified to the corresponding “New Zone District” in this Ordinance as depicted in the right column of
the table. This re-classification occurs upon the effective date of this Ordinance.
[2] Lands designated as PRD or PUD will continue to be subject to the approved Master Plan for the
development following adoption of this Ordinance. Any substantial changes to the Master Plan shall
require compliance with this Ordinance.
1-700 ZONE DISTRICT CLASSIFICATION OF ANNEXED LANDS
1-700(A) General
When land is annexed into the City, it shall be provided the SF-2 zone district classification
under this Ordinance unless the land owner, City Council, or Planning Commission
requests a different zone district classification in accordance with Section 2-300(A),
Amendments to Text and Official Zone District Map (Rezone). The final decision regarding
the zone district classification shall rest with City Council.
Section 1-800: Severability
Subsection 1-700(B): Rezone Requested as Part of Annexation
1-700(B) Rezone Requested as Part of Annexation
If the land owner, City Council, or Planning Commission requests land subject to a Petition
for Annexation be rezoned in accordance with Section 2-300(A), Amendments to Text and
Official Zone District Map (Rezone), the request shall be considered concurrent with the
petition, to the maximum extent practicable.
1-800 SEVERABILITY
It is the legislative intent of the City Council in adopting this Ordinance that all provisions shall be
liberally construed to guide development in accordance with the existing and future needs of the
City as established in this Ordinance and to promote the public health, safety, morals, convenience,
order, appearance, prosperity, and general welfare of the land owners and residents of the City. If
any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a
court of competent jurisdiction to be invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and any section, subsection, sentence, clause and phrase, thereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
1-900 TRANSITIONAL PROVISIONS
1-900(A) Effective Date
Subject to the other provisions in 1-900(C), the effective date of this Ordinance is March 1,
2006.
1-900(B) Violations Continue
Any violation of the previous Zoning Code (Ordinance 65-101, as amended) and Land
Development Regulations (Ordinance 98-57, as amended) of the City shall continue to be a
violation under this Ordinance and any other applicable ordinances, laws, or statutes, and
shall be subject to the penalties and enforcement set forth in Article 9: Enforcement, and
any other applicable ordinances, laws, or statutes, unless the use, development,
construction, or other activity complies with the express terms of this Ordinance.
1-900(C) Completion of Permit Approvals or Completed Applications Commenced or

Approved Under Previous Ordinances
(1) Completed Applications

(a) Any complete development application that has been submitted for
approval, but upon which no final action has been taken by the appropriate
decision-making body or person prior to January 1, 2006, shall be
reviewed and considered in accordance with either the provisions of the
Ordinance in place on the date of submittal, or this Ordinance, at the
applicant's option. Any complete development application that is submitted
on or after January 1, 2006, shall be reviewed and considered in
accordance with the provisions of this Ordinance.
(b) If the applicant elects to have the complete application reviewed under the
provisions of the Ordinance in place on the date of submittal:
1. The application shall be processed in good faith and shall comply

with any time frames for review, approval, and completion as
established in the Ordinance in place at the time of application
submittal. If the application fails to comply with the required time
Section 1-900: Transitional Provisions
Subsection 1-900(C): Completion of Permit Approvals or Completed Applications Commenced or Approved Under Previous
Ordinances
frames, it shall expire and future development shall be subject to

the requirements of this Ordinance.
2. If the complete application is approved, the development for which

the application was approved shall comply with any time frames
and conditions of approval imposed as part of the development
approval, or the development approval shall expire and future
development shall be subject to the requirements of this
Ordinance.
(2) Preliminary or Final Approval

(a) Special Exception Permits, Variance Permits, Sign Permits, and
Certificates of Zoning Compliance
Any development for which a Special Exception Permit, Variance Permit,
Sign Permit, or Certificate of Zoning Compliance was granted prior to
March 1, 2006, or was reviewed in accordance with Section 1-
900(C)(1)(a), Completed Applications, may be completed in accordance
with the permit approval even if the development does not conform to the
provisions of this Ordinance, if:
1. The development complies with all terms, conditions, and

timeframes associated with the permit approval; and
2. The development obtains all subsequent permits or approvals

necessary for completion of development, consistent with the
terms and conditions of this Ordinance (unless compliance would
frustrate the development approved in the Special Exception
Permit, Variance Permit, Sign Permit, or Certificate of Zoning
Compliance); and
3. In cases where the approval does not specify a timeframe for

completion, development is completed within two (2) years from
March 1, 2006.
If development subject to this subsection fails to comply with any of the

standards of this subsection, the permit shall expire and future
development shall be subject to the requirements of this Ordinance.
(b) All Other Plat and Permit Approvals

Except for development on vacant lots in Old Town, a development for
which other preliminary or final approval (Planned Unit Development,
Preliminary Subdivision Plat, Intermediate Field Survey Plat, Certificate of
Appropriateness, Certificate of Hardship, Group Development Plan, Cluster
Development Master Plan, and NMU Master Plan) was granted prior to
March 1, 2006, may be completed in accordance with the approved plat or
permit approval and any other approved permits and conditions, even if the
development does not comply with the requirements established in this
Ordinance, subject to the following:
1. If other permit approvals are required before development is

allowed, the development approved prior to March 1, 2006, or in
accordance with Section 1-900(C)(1)(a), Completed Applications,
shall be processed in good faith under the regulations in existence
at the time of its approval. If during subsequent review, the
development subject to the preliminary or final approval fails to
comply with any time frames for review or conditions of approval,
Section 1-1000: Vested Rights to Develop Property
Subsection 1-1000(A): Findings
the permit approval shall expire and future development shall be

subject to the requirements of this Ordinance.
2. If other permit approvals are not required before development is

allowed, the development for which the final development approval
was granted shall comply with any time frames and conditions of
permit approval imposed, or the development approval shall expire
and future development shall be subject to the requirements of this
Ordinance.
3. Development proposed on vacant lots in Old Town shall be subject

to the Infill Design and Development Standards in Section 6-
800(E) regardless of whether or not the lot is subject to an
approved Preliminary or Final Plat.
(3) Developments with Previously Issued Building Permits or Final Plats for
Subdivision
(a) Any development for which a Final Plat for Subdivision or Building Permit
was granted prior to March 1, 2006, or in accordance with Section 1-
900(C)(1)(a), Completed Applications, shall be permitted to develop, even
if such building or development does not conform to the provisions of this
Ordinance.
(b) If the development for which the Final Plat for Subdivision or Building
Permit is issued fails to comply with the time frames for development or
conditions of permit approval, it shall expire and future development shall
be subject to the requirements of this Ordinance.
(4) Previously Permitted Uses Requiring Special Exception

If a previously permitted use in existence on March 1, 2006 requires
a special exception under this ordinance, it is deemed to have been
granted such special exception and is considered a conforming use.
1-1000 VESTED RIGHTS TO DEVELOP PROPERTY
1-1000(A) Findings
(1) The General Assembly of the State of South Carolina, by Act 287 of 2004,
amended the South Carolina Local Government Comprehensive Planning Enabling
Act (Title 6, Chapter 29 of the S.C. Code) to add Article 11 cited as the “Vested
Rights Act”.
(2) The City Council has determined that it is in the best interest of the City to avoid
the default provisions and maintain and allow for local government control and
flexibility of local planning and zoning functions to the extent allowed by law.
1-1000(B) Establishment and Conditions of Vested Rights
(1) Vested Rights Established

A vested right to develop property in accord with a site specific development plan is
triggered upon the final approval of the site specific development plan by the final official or
decision-making body authorized to approve the site specific development plan, and the
payment to the City of all applicable established fees.
Section 1-1000: Vested Rights to Develop Property
Subsection 1-1000(B): Establishment and Conditions of Vested Rights
(2) Subject to the South Carolina Code of Laws

Except as hereinafter set forth, a vested right established by this Ordinance is subject to
the conditions and limitations as set out in Sections 6-29-1540 and 6-29-1550 of the Code
of Laws of South Carolina, as enacted by Act 287 of 2004.
(3) Expiration
A vested right for an approved site specific development plan expires two (2) years after
the date of final approval by the final official or decision-making body authorized to approve
a site specific development plan.
(4) Phased Development Plans

No vested rights are established for phased development plans, including approved or
conditionally approved phased development plans including those plans applicable to lands
proposed for annexation. An approved or conditionally approved site specific development
plan is required prior to approval with respect to each phase of a phased development
plan.
(5) Amendment
A vested site specific development plan may be amended if the amendment conforms to,
or does not cause greater nonconformity with, the then current provisions of this Ordinance
and all other City ordinances. Approval or conditional approval of an amendment does not
re-set or re-start the expiration period of a vested right.
(6) Extension
No sooner than ninety (90) days, and no later than forty-five (45) days prior to the
expiration of the two (2) -year vested right period for an approved site specific development
plan, the landowner of property with a vested right in the site specific development plan
may apply to the authorized official or decision-making body for an annual extension of the
vested right. The authorized official or decision-making body must approve an application
for an annual extension of the vested right unless an amendment to this Ordinance or other
applicable City ordinances has been adopted which would ordinarily prohibit the site
specific development plan previously vested. No more than five (5) annual extensions of
the vested right may be approved.
ZONING
ORDINANCE
Article 2: Administration
ARTICLE 2: ADMINISTRATION
2-100 ADMINISTRATIVE AND DECISION-MAKING BODIES ................................................................ 1

(A) SUMMARY OF ADMINISTRATION ARTICLE AND REVIEW ROLES.................................................. 1
(B) CITY COUNCIL ....................................................................................................................... 3
(C) PLANNING COMMISSION ........................................................................................................ 4
(D) ZONING BOARD OF APPEALS (ZBA) ....................................................................................... 7
(E) BOARD OF HISTORIC REVIEW (BHR).................................................................................... 10
(F) CITY STAFF......................................................................................................................... 13
2-200 COMMON PROCEDURES............................................................................................................ 16
(A) AUTHORITY TO FILE APPLICATIONS ...................................................................................... 16
(B) APPLICATION CONTENTS, SUBMISSION SCHEDULE, AND FEES ............................................... 16
(C) PRE-APPLICATION CONFERENCE ......................................................................................... 17
(D) NEIGHBORHOOD MEETINGS ................................................................................................. 17
(E) APPLICATION SUBMISSION ................................................................................................... 19
(F) DETERMINATION OF COMPLETENESS .................................................................................... 19
(G) PREPARATION OF STAFF REPORT ........................................................................................ 20
(H) SCHEDULING PUBLIC HEARINGS .......................................................................................... 20
(I) PUBLIC NOTIFICATION ......................................................................................................... 21
(J) DEFERRAL OF APPLICATION ................................................................................................. 24
(K) CHANGES TO APPLICATION AFTER NOTICE OF PUBLIC HEARING ............................................ 25
(L) REQUEST FOR WITHDRAWAL OF APPLICATION ...................................................................... 25
(M) REVIEW BY DEVELOPMENT SERVICES DIRECTOR .................................................................. 26
(N) PUBLIC HEARING PROCEDURES ........................................................................................... 26
(O) CONDITIONS OF APPROVAL .................................................................................................. 27
(P) LAPSE OF APPROVAL ........................................................................................................... 27
(Q) WAIVER OF TIME LIMIT ........................................................................................................ 28
(R) SIMULTANEOUS PROCESSING OF APPLICATIONS ................................................................... 29
(S) NOTIFICATION OF DECISION ................................................................................................. 29
2-300 SPECIFIC STANDARDS AND OTHER REQUIREMENTS FOR APPLICATIONS FOR
DEVELOPMENT APPROVAL.................................................................................................................... 30
(A) AMENDMENTS TO TEXT AND OFFICIAL ZONE DISTRICT MAP................................................... 30
(B) PLANNED DEVELOPMENT DISTRICT ...................................................................................... 33
(C) CONDITIONAL USE PERMIT .................................................................................................. 39
(D) SPECIAL EXCEPTION PERMIT ............................................................................................... 41
(E) VARIANCE PERMIT............................................................................................................... 44
(F) ADMINISTRATIVE ADJUSTMENTS ........................................................................................... 47
(G) HISTORIC DISTRICTS AND HISTORIC PROPERTIES ................................................................. 51
(H) SITE PLAN .......................................................................................................................... 57
(I) SUBDIVISION ....................................................................................................................... 60
(J) STORMWATER MANAGEMENT AND SEDIMENT CONTROL PLAN ............................................... 70
(K) GRADING PERMIT ................................................................................................................ 82
(L) LAND DEVELOPMENT PERMIT............................................................................................... 83
(M) SIGN PERMIT ...................................................................................................................... 84
(N) TEMPORARY USE PERMIT .................................................................................................... 88
(O) ZONING PERMIT .................................................................................................................. 89
(P) CERTIFICATE OF CONFORMITY ............................................................................................. 90
(Q) INTERPRETATIONS BY DEVELOPMENT SERVICES DIRECTOR .................................................. 90
(R) APPEALS TO ZBA FROM DECISIONS AND INTERPRETATIONS OF DEVELOPMENT SERVICES
DIRECTOR .......................................................................................................................... 92
Rock Hill, South Carolina l Zoning Ordinance May 14, 2007 Article 2: TOC
2-400 LAND DEVELOPMENT AGREEMENTS ...................................................................................... 93
(A) PURPOSE AND INTENT ......................................................................................................... 93
(B) AUTHORITY ......................................................................................................................... 93
(C) PROCEDURE ....................................................................................................................... 94
(D) LAND DEVELOPMENT AGREEMENT STANDARDS .................................................................... 94
(E) EXECUTION OF LAND DEVELOPMENT AGREEMENT ................................................................ 97
(F) LEGISLATIVE ACT ................................................................................................................ 97
(G) RECORDATION .................................................................................................................... 97
(H) LOCAL LAWS AND POLICIES GOVERNING A LAND DEVELOPMENT AGREEMENT........................ 97
(I) PERIODIC REVIEW ............................................................................................................... 98
(J) BURDEN/BENEFITS .............................................................................................................. 98
(K) AMENDMENT OR CANCELLATION OF LAND DEVELOPMENT AGREEMENT BY MUTUAL CONSENT 98
(L) EFFECT OF CONTRARY STATE OR FEDERAL LAWS ................................................................ 98
(M) TECHNICAL CODES .............................................................................................................. 99
(N) ENABLING LEGISLATION ....................................................................................................... 99
2-500 APPENDIX 2-A CERTIFICATE OF ACCURACY ....................................................................... 100
2-600 APPENDIX 2-B CERTIFICATE OF OWNERSHIP AND DEDICATION ..................................... 100
2-700 APPENDIX 2-C CERTIFICATION OF APPROVAL OF THE INSTALLATION AND
CONSTRUCTION OF STREET, UTILITIES AND OTHER REQUIRED IMPROVEMENTS.................... 100
2-800 APPENDIX 2-D CERTIFICATION – CERTIFICATION OF APPROVAL OF COMPLIANCE WITH
THE STORMWATER MANAGEMENT AND SEDIMENT CONTROL ACT OF 1991 ............................. 101
2-900 APPENDIX 2-E CERTIFICATE OF APPROVAL OF RECORDING........................................... 101
Rock Hill, South Carolina l Zoning Ordinance May 14, 2007

Section 2-100: Administrative and Decision-Making Bodies
Subsection 2-100(A): Summary of Administration Article
2-100 ADMINISTRATIVE AND DECISION-MAKING BODIES
2-100(A) Summary of Administration Article
(1) Administration Article and Review Bodies and City Staff

The following bodies and City staff have powers and responsibilities in
administering and reviewing applications for permit approval under this Ordinance.
(a) City Council

City Council.
(b) Planning Commission

Planning Commission.
(c) Zoning Board of Appeals (ZBA)

Zoning Board of Appeals (ZBA).
(d) Board of Historic Review (BHR)

Board of Historic Review (BHR).
(e) City Staff

City staff, including the:
1. Development Services Director;

2. Technical Review Committee (TRC);
3. City Attorney; and
4. Hearing Officers.
(2) Summary Table of Permits and Review Bodies and City Staff
Table 2-100(A): Permit Review Procedures, summarizes the review bodies and
City staff that have specific permit review roles under this Ordinance, and their
responsibilities.
TABLE 2-100(A): PERMIT REVIEW PROCEDURES
S = STAFF REVIEW R = REVIEW AND ADVISE D = FINAL DECISION A = APPEAL

ZONING BOARD OF
DEVELOPMENT
BOARD OF HISTORIC PLANNING CITY
DEVELOPMENT PERMIT SERVICES
APPEALS REVIEW COMMISSION COUNCIL
DIRECTOR
(ZBA) (BHR)
Zone District Map Amendment (Rezone) and
S R D
Text Amendment (Section 2-300(A))
Planned Development (Section 2-300(B)) S R D
Conditional Use Permit (Section 2-300(C)) D A
Special Exception Permit (Section 2-300(D)) S D
Variance Permit (Section 2-300(E)) S D
Administrative Adjustments
D A
(Section 2-300(F))
Rock Hill, South Carolina l Zoning Ordinance May 14, 2007 Page 2-1
Subsection Article 2:2-100(A): Summary of Administration Article

ZONING BOARD OF
DEVELOPMENT
DIRECTOR
(ZBA) (BHR)
Historic Districts
Historic District and Historic Property

Designation (Section 2-300(A) and S R R D
3-500(B)(2))
Certificates of Appropriateness
R D
(Section 2-300(G)(1))
(Section 2-300(G)(1)) (Minor Alterations, D A
Repair, and Maintenance Only)
Certificate of Hardship
R D
(Section 2-300(G)(2))
Appeals of Interpretations and Decisions
to BHR of Development Services
A
Director on Historic Regulations
(Section 2-300(G)(6))
Site Plan
Minor Site Plan (Section 2-300(H)(4)) D A
Major Site Plan (Section 2-300(H)(5)) R D
Subdivision
Minor Subdivision (Section 2-300(I)(4)) D A
Preliminary Plat for Subdivision

R D
(Section 2-300(I)(5)(b))
Detailed Construction Plans
D A
(Section 2-300(I)(5)(c))
Intermediate Field Survey Plat
D A
(Section 2-300(I)(5)(d))
Final Plat for Subdivision
D
(Section 2-300(I)(5)(f))
Conservation Subdivision
R D
(Section 2-300(I)(5)(g))
Other Permits
Stormwater Management and Sediment

D A
Control Plan (Section 2-300(J))
Grading Permit (Section 2-300(K)) D A
Land Development Permit (Section 2-300(L)) D A
Sign Permit (Section 2-300(M)) D A
Temporary Use Permit (Section 2-300(N)) D A
Zoning Permit (Section 2-300(O)) D A
Certificate of Conformity (Section 2-300(P)) D A
Subsection Article 2:2-100(B): City Council

ZONING BOARD OF
DEVELOPMENT
DIRECTOR
(ZBA) (BHR)
Interpretations by Development Services
D
Director (Section 2-300(Q))
Appeals to ZBA from Interpretations and
Decisions of Development Services Director A
(Section 2-300(R))
Land Development Agreements
S R D
(Section 2-400)
2-100(B) City Council
(1) Powers and Duties

In order to exercise the authority granted the City Council by state law, the City
Council shall have the following powers and duties under this Ordinance:
(a) Amendments to Text

To initiate, review, and decide applications to amend the text of this
Ordinance (Text amendment) (Section 2-300(A)).
(b) Amendments to Official Zone District Map (Rezone)

To initiate, review, and decide applications to amend the Official Zone
District Map (Section 2-300(A)).
(c) Planned Development District (PD) Classification

To review and decide applications for PD Master Plans and amendments
to the Official Zone District Map to a Planned Development (PD) District
(Section 2-300(B)).
(d) Historic Overlay (YH) district Classification

To initiate, review, and decide recommendations from the BHR and
Planning Commission on amendments to the Official Zone District Map to
a Historic Overlay (YH) district (Section 2-300(A) and Section 3-500(B)(2)).
(e) Historic Properties Designation

Planning Commission on Historic Properties designations (Section 2-
300(A) and Section 3-500(B)(2)).
(f) Design Guidelines for Historic Properties and Historic Overlay

Districts
To approve design guidelines for Historic Properties and Historic Overlay
(YH) Districts recommended by the BHR and Planning Commission.
(g) Land Development Agreements

To review requests, and where appropriate, enter into Land Development
Agreements (Section 2-400).
(h) Schedule of Fees

To approve by resolution a schedule of fees governing applications for
permits and other permit approvals reviewed under this Ordinance.
Subsection Article 2:2-100(C): Planning Commission
(i) Other
To take any other action not delegated to the Planning Commission,
Zoning Board of Appeals (ZBA), Board of Historic Review (BHR), the
Development Services Director, the City Attorney, the Public Services
Director, or other heads of City departments as the City Council may deem
desirable and necessary to implement the provisions of this Ordinance.
2-100(C) Planning Commission

The Planning Commission is hereby established in accordance with the S.C. Code
of Laws, and shall have the following powers and duties under this Ordinance:

To initiate, review, and make recommendations to the City Council to
approve or deny applications to amend the text of this Ordinance (Text
amendment) (Section 2-300(A)).

approve or deny applications to amend the Official Zone District Map
(Rezone) (Section 2-300(A)).
(c) Planned Development

To review and make recommendations to the City Council on PD Master
Plans and amendments to the Official Zone District Map to a Planned
Development (PD) District (Section 2-300(B)).

To review and make recommendations to the City Council on
recommendations from the BHR to approve or deny amendments to the
Official Zone District Map to a Historic Overlay (YH) district (Section 2-
300(A) and Section 3-500(B)(2)).

recommendations from the BHR on Historic Properties designations
(Section 2-300(A) and Section 3-500(B)(2)).

Districts
To review and make recommendations to the City Council on design
guidelines for Historic Properties and Historic Overlay (YH) Districts that
are recommended by the BHR.

To review and make recommendations to the City Council on requests to
enter into Land Development Agreements (Section 2-400).
(h) Major Site Plans

To review and decide Major Site Plans (Section 2-300(H)(5)).
(i) Preliminary Plats for Subdivision

To review and decide Preliminary Plats for Subdivision (Section 2-
300(I)(5)(b)).
(j) Conservation Subdivisions

To review and decide Conservation Subdivisions (Section 2-300(I)(5)(g)).
(k) Appeals
To hear and decide appeals on decisions of the Development Services
Director on:
1. Minor Subdivisions (Section 2-300(I)(4)).

2. Detailed Construction Plans (Section 2-300(I)(5)(c)).
3. Intermediate Field Survey Plats (Section 2-300(I)(5)(d)).
(l) Other Powers and Duties
To carry out any other powers and duties delegated to it by City Council,
consistent with state law.
(2) Membership
(a) Number
The Planning Commission shall consist of seven (7) members.
(b) Qualifications
Each member shall be a resident of the City and a qualified voter. No
member may be a member of the City Council or a City employee.
(c) Appointment
Each member shall be appointed by the City Council.
(d) Other Office

No member shall hold another municipal office, except that one (1) may be
a member of the ZBA.
(e) Terms of Office

1. Terms of office shall be four (4) years.
2. A member shall continue to serve until the member is reappointed
or replaced.
(f) Resignation
Any member who resigns prior to the end of the member’s term shall do so
in writing to the Chair.
(g) Removal
Any member may be removed from office by the City Council for
malfeasance, more than four (4) unexcused absences over the course of
one (1) calendar year, or failure to carry out the duties of the appointment,
after written charges have been filed, and the member is provided an
opportunity to respond at a meeting.
(h) Filling of Vacancy

Vacancies occurring other than through expiration of a term shall be filled
for remainder of the unexpired term by the Mayor, with the concurrence of
the City Council.
(i) Compensation
The members of the Planning Commission shall serve without
compensation.
(3) Chair and Vice-Chair

(a) General
The Planning Commission shall elect its Chair and Vice-Chair from among
the appointed members, and create and fill such other of its offices as it
may determine.
(b) Term of Office

The term of office of the Chair and Vice-Chair shall be one (1) year, or until
a new Chair and Vice-Chair is elected by the membership.
(c) General Duties

1. The Chair shall preside at all meetings of the Planning
Commission, decide all points of order on procedure, administer
oaths, compel the attendance of witnesses, and take such action
as shall be necessary to preserve the order and integrity of all
proceedings before the Planning Commission.
2. In the absence of the Chair, the Vice-Chair shall act as Chair and
shall have all powers of the Chair. In the absence of the Chair and
Vice-Chair, the most senior Planning Commission member shall
act as Chair and shall have the powers of the Chair.
(4) Staff
The Development Services Director shall serve as the professional staff to the
Planning Commission and provide it with administrative support.
(5) Meetings
The Planning Commission shall hold at least one (1) regular meeting in each
month unless the Chair determines that there are no agenda items for
consideration.
(a) Official Record

1. The Planning Commission shall adopt rules for the transaction of
business and shall keep a record of its recommendations,
transactions, findings, and determinations.
2. Such record shall be a public record.
(b) Publication of Notice

Publication of notice of all Planning Commission meetings shall be
provided.
(c) Open to the Public

All meetings shall be open to the public.
(6) Disbursement of Funds

Funds appropriated by the City Council in connection with the work of the Planning
Commission shall be disbursed as are other appropriations.
(7) Quorum and Necessary Vote

(a) Quorum
Four (4) members of the Planning Commission shall constitute a quorum.
No official business of the Planning Commission shall be conducted
without a quorum present.
Subsection Article 2:2-100(D): Zoning Board of Appeals (ZBA)
(b) Decisions
An affirmative vote of the majority of the quorum present is required for all
decisions of the Planning Commission.
(8) Assistance to Commission

All public officials shall, upon request, furnish to the Planning Commission, within a
reasonable time, such available information as it may require for its work.
(9) Right of Entry

The Planning Commission and its members, officers and staff, in the performance
of their functions, may enter upon any land and make examinations and surveys,
and place and maintain necessary monuments and marks thereon.
(10) Adopt Bylaws

The Planning Commission may, by a majority vote of the entire membership, draft
and approve such additional by-laws governing its procedure as it deems
necessary or advisable, copies of which shall be made available for public
inspection in the Development Services Director’s office.
2-100(D) Zoning Board of Appeals (ZBA)

The Zoning Board of Appeals (ZBA) is hereby established, and shall have the
following powers and duties under this Ordinance:
(a) Special Exception Permits

To review and decide applications for Special Exception Permits
specifically authorized under this Ordinance (Section 2-300(D)).
(b) Variance Permits

To review and decide applications for Variance Permits (Section 2-
300(E)).
(c) Appeals
To hear and decide appeals on:
1. Conditional Use Permits (Section 2-300(R)).

2. Administrative Adjustments (Section 2-300(R)).
3. Minor Site Plans (Section 2-300(R)).
4. Stormwater Management and Sediment Control Plans (Section 2-
300(R)).
5. Grading Permits (Section 2-300(R)).
6. Land Development Permits (Section 2-300(R)).
7. Temporary Use Permits (Section 2-300(R)).
8. Sign Permits (Section 2-300(R)).
9. Zoning Permits (Section 2-300(R)).
10. Certificates of Conformity (Section 2-300(R)).
11. Interpretations by the Development Services Director (Section 2-
300(R)).
12. Appeals taken by any aggrieved party by any other decision of the
Development Services Director related to this Ordinance (Section
2-300(R)).
(2) Membership
(a) Number
The ZBA shall consist of seven (7) members.
(b) Qualifications
(c) Appointment
(d) Other Office

a member of the Planning Commission.
(e) Terms of Office

1. Terms of office shall be three (3) years. They shall be staggered.

or replaced.
(f) Resignation
(g) Removal

Vacancies occurring for reasons other than expiration of terms shall be
filled for the period of the unexpired term in the same manner as the
original appointment.
(i) Compensation
The members of the ZBA shall serve without compensation.

(a) General
The ZBA shall elect a Chair and Vice-Chair.
(b) Term of Office

(c) General Duties

1. The Chair shall preside at all meetings of the ZBA, decide all
points of order on procedure, administer oaths, compel the
attendance of witnesses, certify to the circuit court of York County
that a party or person is in contempt, and take such action as shall

be necessary to preserve the order and integrity of all proceedings
before the ZBA.
Vice-Chair, the most senior ZBA member shall act as Chair and
shall have the powers of the Chair.
(4) Staff
The Development Services Director shall serve as the professional staff to
the ZBA, and provide it with administrative support.
(5) Meetings and Hearings

(a) General
Meetings of the ZBA shall be held at the call of the Chair and at such other
times as the ZBA determines necessary. The ZBA shall not be required to
meet if the Chair determines that there are no agenda items to consider.

Publication of notice of all ZBA meetings shall be provided.
(c) Open to Public


(a) Quorum
Four (4) members of the ZBA shall constitute a quorum. No official
business of the ZBA shall be conducted without a quorum present.
(b) Decisions
decisions of the ZBA.
(7) Rules
(a) General
1. The ZBA shall keep minutes of its proceedings, summarizing
testimony at the hearing, the vote of each member upon each
question or, if the member is absent or abstaining from a vote,
indicating such fact, and all other official action.
2. The minutes of the ZBA’s proceedings shall be considered the

record of its proceedings, and shall be considered a public record.
The record shall be filed immediately and kept in the office of the
Development Services Director, and shall be available to the
public for inspection during normal business hours.
(b) Additional Rules

The ZBA may, by a majority vote of the entire membership, draft and
approve such additional by-laws governing its procedure as it deems
Subsection Article 2:2-100(E): Board of Historic Review (BHR)
2-100(E) Board of Historic Review (BHR)

In addition to the powers and duties authorized by other laws, the BHR shall have
the following powers and duties under this Ordinance:
(a) Certificates of Appropriateness

1. To review and decide applications for Certificates of
Appropriateness for Historic Properties and lands within Historic
Overlay (YH) districts (Sections 2-300(G)(1)).
2. To delegate review of certain types of applications for Certificates

of Appropriateness to the Development Services Director (Section
2-300(G)(1)).
(b) Certificate of Hardship

To review and decide applications for Certificates of Hardship (Section 2-
300(G)(2)).
(c) Appeals
1. Decisions of the Development Services Director on Certificates of

Appropriateness (Section 2-300(G)(1)).
2. Interpretations of the Development Services Director on matters

related to the Historic Property and Historic Overlay (YH) districts
regulations (Section 2-300(G)(6)).
(d) Historic Overlay (YH) Districts

To recommend to the Planning Commission and City Council the
establishment, expansion, reduction or elimination of Historic Overlay (YH)
districts (Section 2-300(A) and Section 3-500(B)(2)).
(e) Historic Properties

establishment and designation of Historic Properties (Section 2-300(A)
and Section 3-500(B)(2)).

Districts
To establish and amend design guidelines for each Historic Overlay (YH)
district and the Historic Properties, subject to Planning Commission review
and recommendation and approval of City Council.
(g) Inventory of City’s Historic Resources

To maintain an inventory of buildings, structures, objects, sites and
districts that comprise the historic resources of the City.
(h) National Register Nomination

To conduct the first review and evaluation of all proposed National
Register nominations within the City in accordance with procedures
established by the South Carolina Department of Archives and History,
and nominate buildings, structures, sites, objects or districts to the
National Register of Historic Places in accordance with the standards set
forth by the United States Department of the Interior and the South
Carolina Department of Archives and History.
(i) Advice and Assistance to Land Owners

To provide advice and assistance to landowners and their agents
concerning:
1. The physical and financial aspects of preservation, renovation,

rehabilitation, and re-use of Historic Properties or buildings and
structures located in the Historic Overlay (YH) Districts.
2. The procedures for inclusion of lands on the National Register of
Historic Places.
3. The treatment of the historical and visual characteristics of lands
listed on the National Register of Historic Places.
designated as Historic Properties or located within Historic Overlay
(YH) Districts.
(j) Advise City Council
To provide advice to the City Council concerning:
1. The funding necessary to administer the Historic Properties and

Historic Overlay (YH) district regulations.
2. The retention of experts to assist in the administration and
implementation of the Historic Properties and Historic Overlay
(YH) district regulations.
3. Amendments to the Historic Properties and Historic Overlay (YH)
district regulations, and additional ordinances and regulations
needed to preserve and protect the City’s historic resources.
(k) Propose to City Council Specific Relief From Unsafe Building
Abatement Code
To propose to the City Council the adoption of ordinances and regulations
that grant relief to Historic Properties and lands in the Historic Overlay
(YH) Districts from the Unsafe Building Abatement Code.
(l) Offer Expertise

To offer and provide expertise to any person or entity on any matter
affecting historically or architecturally significant properties in the City.
(m) Confer Recognition

To confer recognition on persons who further the goals of the Historic
Properties and Historic Overlay (YH) district regulations.
(n) Education
To engage in educational activities and publish information to further the
understanding of historic preservation issues in the City.
(2) Membership
(a) Number
The BHR shall consist of seven (7) members.
(b) Qualifications
1. All members of the BHR shall be residents of the City.
2. No member shall be a member of the City Council or a City

employee.
(c) Appointment
(d) Other Office

No member shall hold another municipal office in the City.
(e) Terms of Office

The term of office of the members shall be three (3) years and shall be
staggered.
(f) Resignation
Any member who resigns from the BHR prior to the end of the member’s
term shall do so in writing to the Chair.
(g) Removal
Any member of the BHR may be removed for cause by the City Council, or
for more than four (4) unexcused absences over the course of one (1)
calendar year, after written charges have been filed, and the member is
provided an opportunity to respond at a meeting.

(i) Compensation
Members of the BHR of shall serve without compensation.

(a) General
The BHR shall elect a Chair and Vice-Chair.
(b) Term of Office

(c) General Duties

1. The Chair shall preside at all meetings of the BHR, decide all
attendance of witnesses by subpoena, and take such action as
shall be necessary to preserve the order and integrity of all
proceedings before the BHR.
Vice Chair, the most senior member of the BHR shall act as Chair
and shall have the powers of the Chair.
(4) Staff
BHR, and provide it with administrative support.
Subsection Article 2:2-100(F): City Staff

(a) General
Meetings of the BHR shall be held at the call of the Chair and at such
other times as the BHR may determine. The BHR shall not be required to
(b) Open to Public

(c) Publication of Notice

Publication of notice of all BHR meetings shall be provided.

(a) Quorum
Four (4) members of the BHR shall constitute a quorum. No official
business of the BHR shall be conducted without a quorum present.
(b) Decisions
decisions of the BHR.
(7) Rules and Records

(a) General
1. The BHR shall keep minutes of its proceedings, showing its
examinations, the vote of each member upon each question or, if
absent or failing to vote, indicating that fact, and all other official
action.
2. The minutes of the BHR shall be considered the record of its
proceedings, and shall be considered a public record. The record
shall be filed immediately in the office of the Development
Services Director, which is considered the office of the BHR, and
shall be available to the public for inspection during normal
business hours.

The BHR may, by a majority vote of the entire membership, adopt such
additional rules (including by-laws) governing its procedure as it may deem
2-100(F) City Staff
(1) Development Services Director

(a) General
The Development Services Director is designated by the City Manager as
the zoning administrator responsible for administering and enforcing the
provisions of this Ordinance.
(b) Powers and Duties

In addition to the authority and duties that may be conferred on the
Development Services Director by general law and the City Code of
Ordinances, the Development Services Director shall have the following
powers and duties under this Ordinance:
1. To review and decide applications for Conditional Use Permits

(Section 2-300(C)).
2. To review and decide applications for Administrative Adjustments
(Section 2-300(F)).
3. To review and decide Minor Site Plans (Section 2-300(H)(4)).
4. To review and decide applications for:
a. Minor Subdivisions (Section 2-300(I)(4)).
b. Detailed Construction Plans (Section 2-300(I)(5)(c).
c. Intermediate Field Survey Plats (Section 2-300(I)(5)(d)).
d. Final Plats for Subdivision (Section 2-300(I)(5)(f)).
5. To review and decide applications for Stormwater Management
and Sediment Control Plans (Section 2-300(J)).
6. To review and decide applications for Grading Permits (Section 2-
300(K)).
7. To review and decide applications for Land Development Permits
(Section 2-300(L)).
8. To review and decide applications for Sign Permits (Section 2-
300(M)).
9. To review and decide applications for Temporary Use Permits
(Section 2-300(N)).
10. To review and decide applications for Zoning Permits (Section 2-
300(O)).
11. To review and decide applications for Certificates of Conformity
(Section 2-300(P)).
12. To render interpretations of this Ordinance (Section 2-300(Q)).
13. To establish application content requirements and a submission
schedule for review of applications and appeals (Section 2-
200(B)(1) and (2)).
14. To compile and maintain an Administrative Manual (Section 2-
200(B)(4)).
15. To review and make recommendations through a Staff Report to
the City Council, Planning Commission, ZBA, and BHR on
applications for permits and permit approvals, where appropriate,
and take any other action necessary to administer the provisions
of this Ordinance.
16. To maintain the Official Zone District Map and other such records
and official materials that relate to the adoption, amendment,
enforcement, or administration of this Ordinance.
17. To enforce this Ordinance in accordance with Article 9:
Enforcement.
18. To provide expertise and technical assistance to the City Council,
Planning Commission, ZBA, and BHR, upon request.
(2) Technical Review Committee (TRC)

(a) Establishment
There hereby is established a Technical Review Committee (TRC).
(b) Membership
The TRC shall consist of one (1) representative from each department of
the City involved with development review.
(c) Powers and Duties

The TRC shall assist the Development Services Director in the
administration of the Ordinance by meeting with applicants on
development proposals and providing assistance in the review of
development applications, as determined necessary by the Development
Services Director.
(d) Chair
The Development Services Director shall coordinate the TRC activities,
serve as its Chair, and serve as liaison to the departments involved for
clarification of issues or conflicts.
(3) City Attorney

In addition to the authority and duties that may be conferred upon the City Attorney
by general law and the Code of Ordinances, the City Attorney shall counsel the
City Council, Planning Commission, ZBA, BHR, Development Services Director,
and City departments in regard to the legal issues that may arise in the review of
applications for permits and permit approval and the general implementation of this
Ordinance.
(4) Hearing Officer

(a) Creation and Appointment
The City Council may confirm one (1) or more Hearing Officer(s) to hear
and consider such matters as may be required to be conducted by a
hearing officer under any provision of this Ordinance or state law, or as
may be determined to be appropriate. The Hearing Officer(s) shall serve
at the pleasure of the City Council for such period as is determined by the
City Council. The Hearing Officer(s) shall be compensated at a rate to be
determined by the City Council. Whoever shall accept an appointment as
a Hearing Officer shall, for a period of one (1) year from the date of
termination as holder of such position, not act as agent or attorney in any
proceeding, application, or any other matter before any decision-making or
advisory body of the City in any matter involving land that was the subject
of a proceeding which was pending during the time served as a Hearing
Officer.
(b) Minimum Qualifications

A Hearing Officer may have the following minimum qualifications:
1. Demonstrated knowledge of administrative, zoning, and land use

law and practice.
2. Hold no appointive or elective public office or position in the City
during the period of appointment.

A Hearing Officer shall have the following duties:
Section 2-200: Common Procedures
Subsection Article 2:2-200(A): Authority to File Applications
1. To issue subpoenas to compel the attendance of witnesses and

production of documents, and to administer oaths to witnesses
appearing at hearings.
2. To perform other such tasks as the City Council may assign.
2-200 COMMON PROCEDURES
The general provisions of this section shall apply to all applications for development permit
requests under this Ordinance, unless otherwise stated.
2-200(A) Authority to File Applications
(1) General
Applications submitted under this Ordinance in accordance with Section 2-200 (E),
Application Submission, shall be submitted by the land owner, or any other person
having a recognized interest in the land upon which the development is proposed,
or their authorized agent.
(2) Applicant Not the Owner

If the applicant is not the owner of the land, or is a contract purchaser of the land, a
letter signed by the owner consenting to the submission of the application shall be
submitted.
(3) Applicant Is Not the Sole Owner

If the applicant is not the sole owner of the land, a letter signed by the other
owners or an entity representing the owners consenting to or joining in the
application shall be submitted.
2-200(B) Application Contents, Submission Schedule, and Fees
(1) Establishment of Application Contents

The Development Services Director is authorized and shall establish the
requirements for application contents and forms. The Development Services
Director may amend and update these requirements, as determined necessary.
(2) Establishment of Submission Schedule

submission and review schedule (including time frames for review) for applications
for permit approvals. The Development Services Director may amend and update
these requirements, as determined necessary.
(3) Fees
The City Council shall establish application fees and may amend and update those
fees, as determined necessary.
(4) Administrative Manual

The Development Services Director shall compile in an Administrative Manual, the
requirements for application contents and forms (Section 2-200(B)(1)), the
submission and review schedule (including time frames for review) (Section 2-
200(B)(2)), and fees (Section 2-200(B)(3)). The Administrative Manual shall be
maintained in the office of the Development Services Director and shall be made
available to the public.
Subsection Article 2:2-200(C): Pre-Application Conference
2-200(C) Pre-Application Conference
(1) Purpose
The purpose of a pre-application conference is to familiarize the applicant and the
City staff with the applicable provisions of this Ordinance required to permit
proposed development, to inform the applicant about the preparation of the
application, and the application process.
(2) Pre-Application Conference Mandatory

A pre-application conference is mandatory prior to submission of any application
for an amendment to the Official Zoning District Map (Rezoning) (Section 2-
300(A)), Planned Development (Section 2-300(B)), Major Site Plan (Section 2-
300(H)(5), Preliminary Plats for Subdivision that involve fifty (50) or more
residential lots (Section 2-300(I)(5)(b)), and Land Development Agreements
(Section 2-400).
(3) Pre-Application Conference Optional

A pre-application conference is optional prior to submission of any other
application for permit approval.
(4) Effect
The pre-application conference is intended as a means of facilitating review of
permit applications. Discussions held in accordance with this section are not
binding on the City. Processing times for review of development applications do
not begin until a formal, complete application is submitted and determined to be
complete.
2-200(D) Neighborhood Meetings
(1) General
The purpose of the neighborhood meeting is to educate occupants and owners of
nearby lands about the proposed development and application, receive comments,
address concerns about the development proposal, and resolve conflicts and
outstanding issues, where possible.
(2) Favored Practice

Neighborhood meetings are encouraged as opportunities for informal
communication between owners and occupants of nearby lands, applicants, and
other residents who may be affected by development proposals.
(3) Applicability
(a) Neighborhood Meeting Mandatory
Neighborhood meetings are mandatory prior to the submission of
applications for Planned Development (Section 2-300(B)) and Land
Development Agreements (Section 2-400).
(b) Neighborhood Meeting Optional

Neighborhood meetings are optional for any other applications under this
Ordinance. However, neighborhood meetings are strongly encouraged
prior to submission of all applications requiring a public hearing and prior
to submission of applications for permit approvals in a Neighborhood
Conservation Overlay district.
Subsection Article 2:2-200(D): Neighborhood Meetings
(c) Neighborhood Meeting May Be Required

1. The Development Services Director may require an applicant to
conduct a neighborhood meeting prior to a public hearing on an
application if the Director determines the application is likely to
cause a significant land use, appearance, traffic, or other public
facility impact on neighboring lands.
2. The Mayor of the City Council, and/or the Chair of the Planning
Commission, may direct an applicant to conduct a neighborhood
meeting either prior to or during a public hearing on an application
being reviewed by the board they chair, if it is determined the
application could potentially have significant land use,
appearance, traffic, or other public facility impacts on neighboring
lands.
(4) Procedure
If a neighborhood meeting is held by the applicant, it shall generally comply with
the following procedures:
(a) Time and Place

The neighborhood meeting shall be held at a place that is generally
accessible to neighbors that reside in close proximity to the land subject to
the application. It shall be scheduled after 5:00 P.M. on a weekday.
(b) Notification
The applicant shall provide notification of the neighborhood meeting a
minimum of ten (10) business days in advance of the meeting by mail, to
all owners and occupants within three hundred (300) feet of the land
subject to the application, to any neighborhood organization registered
with the City of Rock Hill Neighborhood Empowerment Office, any
organizations or persons who have registered to receive notification of
development permit applications in accordance with Section 2-200(I)(6),
Registration to Receive Notice by Mail, and the City Council or Planning
Commission when the neighborhood meeting is required by that review
board. The notification shall state the time and place of the meeting.
(c) Conduct of Meetings

At the neighborhood meeting, the applicant shall explain the development
proposal and application, answer any questions, and respond to concerns
neighbors have about the application and proposed ways to resolve
conflicts.
(d) Staff Attendance

City staff may attend the neighborhood meeting for the purpose of advising
the attendees regarding applicable provisions of this Ordinance, but shall
not serve as facilitators or become involved in negotiations at the
neighborhood meeting.
(e) Written Summary of Neighborhood Record of Meeting

The applicant shall provide the Development Services Director a written
summary of the neighborhood meeting within five (5) business days of its
conclusion. The written summary shall include a list of those in
attendance, a summary of the issues related to the development proposal
discussed, comments by those in attendance about the development
proposal, and any other information the applicant deems appropriate. The
Subsection Article 2:2-200(E): Application Submission
written summary of the neighborhood meeting shall be included with the

application materials, and be made available to the public for inspection.
(f) Response to Summary

Any person in attendance at the neighborhood meeting, within ten (10)
business days of the meeting, may submit an additional written summary
stating their understanding of the issues related to the development
proposal discussed, comments by those in attendance about the
development proposal, and any other information they deem appropriate.
This written summary may include a response to the applicant’s written
summary of Neighborhood Record of Meeting. All written summaries of
the neighborhood meeting shall be included with the application materials,
and be made available for public inspection.
2-200(E) Application Submission
Applications shall be submitted to the Development Services Director in accordance with

the application submittal schedule (Section 2-200(B)(2)), in the form established by the
Development Services Director (Section 2-200(B)(1)), along with a fee established in
accordance with Section 2-200(B)(3), Fees. Applications not meeting the requirements of
Section 2-200(F), Determination of Completeness, shall be considered incomplete.
2-200(F) Determination of Completeness
(1) Completeness Review

Upon receipt of an application, the Development Services Director shall determine
if the application is complete. A complete application is one that:
(a) Information and Materials

Contains all information and materials established by the Development
Services Director as required for submittal of the particular type of
application (Section 2-200(B)(1) and (4)).
(b) Proper Form
Is in the form established by the Development Services Director as
required for submittal of the particular type of application (Section 2-200
(B)(1) and (4)).
(c) Sufficient Detail
Includes information in sufficient detail to evaluate the application to
determine whether it complies with the appropriate substantive standards
of this Ordinance.
(d) Fee
Is accompanied by the fee established for the particular type of application
in accordance with Section 2-200(B)(3), Fees.
(e) Business License Required
Includes proof that any design professional used to prepare an application
holds a City business license.
(2) Application Incomplete

If it is determined the application is incomplete, the Development Services Director
shall send written notice to the applicant of the deficiencies within five (5) business
days of submittal, and the application shall not be processed. The applicant may
correct the deficiencies and resubmit the application for completeness
determination.
Subsection Article 2:2-200(G): Preparation of Staff Report
(3) Application Complete

When the application is determined complete, it shall be reviewed in accordance
with the procedures and standards of this section, except that notwithstanding the
other provisions of this subsection, after an application is determined incomplete
three (3) times, an applicant may request and the Development Services Director
shall process and review the application even though it is not considered a
complete application.
2-200(G) Preparation of Staff Report
(1) Application Subject to Public Hearing or to be Reviewed by Review Body

When an application is subject to a public hearing (see Section 2-200(I)(5),
Required Notice and Timing) or will be considered by a review body after it is
determined complete (or the applicant requests an incomplete application be
processed in accordance with Section 2-200(F)(3) Application Complete), the
Development Services Director shall refer the application to the appropriate staff
and any other appropriate review agencies for comment, review the application,
and prepare a written Staff Report. The Staff Report shall be mailed to the
applicant and made available to the public no less than five (5) calendar days
before the first scheduled public hearing on the application. The Staff Report shall
be addressed to the review body and shall state whether the application complies
with all appropriate standards of this Ordinance. The Staff Report shall include a
recommendation from the Development Services Director. Conditions for approval
may also be recommended to eliminate any areas of noncompliance or to mitigate
any adverse effects of the development proposal.
(2) Application Reviewed by Development Services Director

When an application for development permit is not subject to a public hearing but
is reviewed administratively by the Development Services Director, preparation of
a Staff Report shall be optional at the discretion of the Development Services
Director. If the Development Services Director determines that a Staff Report is
necessary, it shall be done in accordance with Section 2-200(G)(1) above, except
that it shall be addressed and provided to the applicant.
2-200(H) Scheduling Public Hearings
(1) Application To Be Scheduled for Meeting

Required Notice and Timing), the Development Services Director shall ensure that
the public hearing(s) on the application is (are) scheduled for a regularly scheduled
meeting or a meeting specially called for that purpose by the decision-making or
advisory body reviewing the application.
(2) Timing
The public hearing(s) on the application shall be scheduled so there is sufficient
time for a Staff Report to be prepared and for the public notification requirements
to be satisfied.
(3) Public Hearings

A public hearing(s) shall be conducted by the following advisory or decision-
making bodies for the following applications for development permit (see Table 2-
200(H), Required Public Hearings):
Subsection Article 2:2-200(I): Public Notification
TABLE 2-200(H): REQUIRED PUBLIC HEARINGS
X = DECISION-MAKING BODY CONDUCTING THE PUBLIC HEARING

DECISION-MAKING BODY
APPLICATION TYPE ZONING BOARD OF
PLANNING CITY
BOARD OF HISTORIC
COMMISSION COUNCIL
APPEALS REVIEW
Text Amendment (Section 2-300(A)) X
Official Zone District Map Amendment
X
(Section 2-300(A))
Planned Development (Section 2-300(B)) X
Special Exception Permit (Section 2-300(D)) X
Variance Permit (Section 2-300(E)) X
Certificate of Appropriateness
X
(Section 2-300(G)(1))
Certificate of Hardship (Section 2-300(G)(2)) X
Appeal of Interpretation or Decision of
Development Services Director X
(Section 2-300(R))
Development Services Director on Historic X
Regulations (Section 2-300(G)(6))
Land Development Agreements (Section 2-400) X X
2-200(I) Public Notification
All applications requiring public hearing(s) shall comply with the S.C. Code of Laws, Table
2-200(I), Public Notification for Permit Approvals, and the other provisions of this section
with regard to public notification. Failure to receive notice in accordance with this section
shall not invalidate the proceedings for which notice was required, nor shall failure to
receive notice constitute a basis for legal action against the City.
(1) Public Notice Content

All notices for public hearings, unless expressly noted otherwise, whether done by
mail (written notice), publication (publishing in a newspaper of general circulation
in the City), or posting shall:
(a) Identify Application

Identify the application or application number.
(b) Indicate Application Type

Indicate the type of application submitted.
(c) Indicate Date, Time, and Place of Public Hearing

Indicate the date, time, and place of the public hearing.
(d) Describe Land Involved

Describe the land involved by street address or by legal description and
nearest cross street, and area size (except posted notice).
(e) Application Available for Public Inspection

Describe where the application and any support materials are available for
public inspection, and state these materials will be made available for
public inspection.
(f) Where Written Comments May be Submitted

Indicate where members of the public may submit written comments or
evidence on the application prior to the public hearing.
(g) Statement That Public and Landowners May Appear and Be Heard at
Public Hearing
Include a statement that interested members of the public and adjoining
landowners may appear at the public hearing, be heard, and submit
evidence and written comments with respect to the application.
(2) Written (Mailed) Notice

When the provisions of this Ordinance (see Section 2-200(I)(5)) require that written
or mailed notice be provided, the Development Services Director shall be
responsible for preparing and mailing the written notice. Notice shall be mailed to:
(a) Landowners of Land Subject to Application

All landowners of the land subject to the application;
(b) Landowners Within 150 Feet

All landowners within one hundred-fifty (150) feet of the land subject to the
application whose address is known by reference to the latest ad valorem
tax records. At the City’s discretion, it may provide mailed notice to
property owners owning lands beyond one hundred-fifty (150) feet of land
subject to an application for development; and
(c) Organizations and Persons

Organizations and persons that have registered to receive notice in
accordance with Section 2-200(I)(6), Registration to Receive Notice by
Mail.
Notice shall be deemed mailed by its deposit in the United States mail, first class,
properly addressed, postage paid. The Development Services Director shall
prepare an affidavit with affirmance that notice meeting the content requirements
of Section 2-200(I)(1), Public Notice Content, was mailed. The affidavit shall be
conclusive that notice has been given in accordance with the terms of this
subsection. A copy of the mailed notice shall be maintained in the office of the
Development Services Director for public inspection during normal business hours.
The affidavit shall be included as an appendix to the Staff Report.
(3) Published Notice

(a) Responsibility for Preparing Notice
When the provisions of this Ordinance require that notice be published, the
Development Services Director shall be responsible for preparing the
content of the notice and publishing the notice in a newspaper of general
circulation in the City. The content and form of the published notice shall
be consistent with the requirements of the S.C. Code of Laws.
(b) Affidavit Published Notice Occurred

The Development Services Director shall prepare an affidavit certifying
that published notice has occurred in accordance with the requirements of
this subsection. The affidavit shall be conclusive that notice has been
given in accordance with the terms of this subsection. The affidavit shall
be included as an appendix to the Staff Report.
(4) Posted Notice

(a) Responsibility for Posting Notice
When the provisions of this Ordinance require that notice be posted on the
land subject to the application, the Development Services Director shall be
responsible for posting the notice in accordance with the following
standards:
1. Notice shall be posted on sign(s) in a form established by the

Development Services Director.
2. The signs shall be placed on the land that is subject to the

application, along each public thoroughfare that abuts or runs
through the land, at intervals of not more than five hundred (500)
feet.
3. The sign(s) shall be posted in a manner that ensures visibility from

public thoroughfare(s).
(b) Affidavit of Posted Notice

that posted notice has been provided in accordance with the requirements
of this subsection. The affidavit shall be conclusive that notice has been
(c) Responsibility for Maintenance of Posted Notice

The applicant shall ensure that the posted notice is maintained on the land
until the completion of the public hearing on the application.
(d) Responsibility for Removal of Posted Notice

The sign(s) shall be removed by the applicant within five (5) days after the
public hearing on the application.
(5) Required Notice and Timing

Unless otherwise expressly provided in the S.C. Code of Laws or this Ordinance,
notice shall be provided as follows:
Subsection Article 2:2-200(J): Deferral of Application
TABLE 2-200(I): PUBLIC NOTIFICATION FOR PERMIT APPROVALS
NOTICE REQUIRED
APPLICATION FOR DEVELOPMENT PERMIT OR (DAYS BEFORE HEARING/ACTION)
OTHER ACTION WRITTEN PUBLICATION POSTED
(SECTION 2-200(I)(2)) (SECTION 2-200(I)(3)) (SECTION 2-200(I)(4))
At least 30 days prior to
Text Amendment
public hearing
Amendment to Official Zone District Map & At least 15 days prior to At least 30 days prior to At least 15 days prior to
Planned Development District public hearing public hearing public hearing
Special Exception Permit & At least 15 days prior to At least 15 days prior to At least 15 days prior to
Variance Permit public hearing public hearing public hearing
At least 15 days prior to At least 15 days prior to At least 15 days prior to

Appeal to Board of Zoning Appeals
public hearing public hearing public hearing
Certificate of Appropriateness &
Certificate of Hardship &
At least 15 days prior to At least 15 days prior to
Appeal of Development Services Director’s
public hearing public hearing
Interpretation or Decision on Certificates of
Appropriateness
public hearing before
Planning Commission
City Council
(6) Registration to Receive Notice by Mail

Bi-annually beginning in 2006, and prior to July 31 of that year, any person,
neighborhood organization, or other organization in the City may register with the
Development Services Director to receive written notice of all applications in
accordance with Section 2-200(I)(2), Written (Mailed) Notice. To be eligible for
registration, the applicant shall provide the Development Services Director
information in the form required by the Development Services Director to ensure
notification can be made to the organization, along with a fee to defray the costs.
To continue to receive such notice, a person or organization shall re-register every
two (2) years.
2-200(J) Deferral of Application
(1) Request Prior to Publication of Notice

An applicant may request that an advisory or decision-making bodies’
consideration of an application at public hearing be deferred by submitting a
written request for deferral to the Development Services Director prior to the
publication of notice for the public hearing (Section 2-200(I), Public Notification).
The Development Services Director may grant such requests for good cause. The
date of the public hearing at which the application will be heard shall be set at the
time the deferral is granted.
Subsection Article 2:2-200(K): Changes to Application After Notice of Public Hearing
(2) Request After Publication of Notice

If a request for deferral of consideration of an application by an advisory or
decision-making body is submitted subsequent to publication of notice, the request
for deferral shall be placed on the public hearing agenda and acted upon by the
advisory or decision-making body. The advisory or decision-making body may
grant such requests for good cause. The date of the public hearing at which the
application will be heard shall be set at the time the deferral is granted. If a
deferral is granted, the application may be subject to additional application fees to
defray the costs of processing the application.
2-200(K) Changes to Application After Notice of Public Hearing
After notice of public hearing has occurred, changes to an application (including changes
to an application at the public hearing) not made solely to satisfy staff or review body
recommendations or conditions shall be governed by the provisions of this section.
(1) Clerical Errors

Minor additions, deletions, or corrections to clerical errors in an application may be
made without referral of the application, as amended, back to the Development
Services Director for review and preparation of a Staff Report, and to any review or
decision-making bodies as is required for the original review of the application.
(2) Major Changes

No substantive changes may be made in major elements of the development
proposal relating to uses, densities, intensities, and/or access without referral of
the application, as amended, back to the Development Services Director for
evaluation and preparation of a Staff Report in accordance with Section 2-200(G),
Preparation of Staff Report, and to any other advisory or decision-making bodies in
the same manner as is required for the original review of the application.
(3) Conditions and Development Standards

Proposed changes in conditions and development standards may be considered
without referral back to the Development Services Director or advisory or decision-
making bodies, provided the changes do not constitute a major substantive change
in the development proposal in the determination of the body with decision-making
authority on the application.
2-200(L) Request for Withdrawal of Application
(1) Submission of Request

Any request for withdrawal of an application subject to a public hearing shall be
submitted in writing to the Development Services Director, or shall be made
through a verbal request at a public hearing.
(2) Prior to Notice of Public Hearing

The Development Services Director shall approve a request for withdrawal of an
application, if it has been submitted prior to public notification on the application in
accordance with Section 2-200(I), Public Notification.
(3) Subsequent to Notice of Public Hearing

If the request for withdrawal of an application is submitted subsequent to public
notification (Section 2-200(I), Public Notification), the request for withdrawal shall
be placed on the public hearing agenda and acted upon by the advisory or
decision-making body.
Subsection Article 2:2-200(M): Review by Development Services Director
(4) Fees
Fees shall not be refunded for withdrawn applications.
2-200(M) Review by Development Services Director
When an application for development permit is not subject to a public hearing, but is
reviewed by the Development Services Director, it shall be reviewed in accordance with
(1) Staff Report

Preparation of a Staff Report is optional, at the discretion of the Development
Services Director, and shall be governed by Section 2-200(G)(2), Application
Reviewed by Development Services Director.
(2) Review
After the application is determined complete (Section 2-200(F), Determination of
Completeness), the Development Services Director shall review the application
and approve, approve with conditions, or deny the application, based on the
appropriate review standards for the particular permit.
2-200(N) Public Hearing Procedures
All public hearings for applications held in accordance with this Ordinance shall comply
with the following procedures, and if established, any additional public hearing procedures
adopted by the individual advisory or decision-making body.
(1) Conduct of Public Hearing

(a) Burden of Proof or Persuasion
The burden of demonstrating that an application complies with the
applicable review and approval standards of this Ordinance is on the
applicant. The burden is not on the City or other parties to show that the
standards have not been met by the applicant.
(b) Rights of All Persons

Any person may appear at a public hearing and submit testimony,
consistent with the by-laws of the review or decision-making body, either
individually or as a representative of a person or an organization. Each
person who appears at a public hearing shall be identified, state an
address, and if appearing on behalf of a person or organization, state the
name and mailing address of the person or organization being
represented.
(c) Exclusion of Testimony

The body conducting the public hearing may exclude testimony that it finds
to be irrelevant, immaterial, or unduly repetitious.
(d) Offers of Testimony

In the event any testimony is excluded as irrelevant, immaterial, or unduly
repetitious, the person offering such testimony shall have an opportunity to
offer such testimony for the record in writing, provided that it is presented
prior to the close of the public hearing.
(e) Continuance of Public Hearing

The body conducting the public hearing may, on its own motion or at the
request of any person, continue the public hearing to a fixed date, time,
Subsection Article 2:2-200(O): Conditions of Approval
and place, consistent with state law. A continuance may be granted at the
discretion of the body conducting the public hearing only upon good cause
shown.
(2) General Procedures and Findings at Public Hearing

(a) Time
Any board or commission conducting the hearing shall act in accord with
any time limits established in this Ordinance or the board or commission’s
own by-laws. Action shall be taken as promptly as possible in
consideration of the interests of the applicant and the citizens of the City.
(b) Form of Decisions

The form of all decisions shall include at least the following elements:
1. Summary of Information
A summary of the information presented before the body.
2. Summary of Evidence in Record

A summary of all testimony submitted into the record.
3. Written Statement of Findings

A written statement of findings or other factors considered,
whichever is appropriate, and a statement of the basis upon which
such facts were applied with respect to the relevant review
standards.
4. Recommendation or Decision
A statement of a recommendation or decision of approval,
approval with conditions, or denial (whichever is appropriate).
2-200(O) Conditions of Approval
(1) General
When a review board or the Development Services Director may, according to the
express terms of this Ordinance, approve a permit or development approval with
conditions, such board or the Development Services Director may impose
restrictions and conditions on the approval. The conditions may, as appropriate,
ensure compliance with the general goals and policies of this Ordinance or with
particular standards of this Ordinance, to prevent or minimize adverse effects from
the proposed development on surrounding lands.
(2) Limitations
The restrictions and conditions imposed must be related in both type and amount
to the impact that the proposed development would have on the public and
surrounding development. All conditions imposed shall be expressly set forth in
the permit approval.
2-200(P) Lapse of Approval
Lapse of approval (also referred to as “expiration”) shall occur as provided by this

Ordinance for the various types of development permits and approvals. If no provision for
lapse is given by this Ordinance for a particular type of development permit or approval,
and if no lapse period is imposed as part of an approval by the decision-making entity,
lapse shall occur if development is not commenced or a subsequent permit is not obtained
within one (1) year.
Subsection Article 2:2-200(Q): Waiver of Time Limit
2-200(Q) Waiver of Time Limit
(1) General
Whenever any application for a development permit requiring a public hearing is
denied, an application for all or a part of the same land shall not be considered for
a period of one (1) year after the date of denial unless a Waiver of Time Limit is
subsequently approved by the decision-making body in accordance with the
requirements of this section. Only one (1) request for Waiver of Time Limit may be
submitted by the applicant during the one (1) year period.
(2) Waiver of Time Limit

(a) Owner or Authorized Agent
Only the owner of land or the owner’s authorized agent may submit a
request for Waiver of Time Limit.
(b) Initiation
A request may be initiated by the owner or the owner’s authorized agent
by submitting a request for Waiver of Time Limit to the Development
Services Director, along with a fee to defray the cost of processing the
request.
(3) Action
At the meeting for which the request for Waiver of Time Limit is scheduled, the
decision-making body shall consider the request, other relevant support materials,
statements made by the applicant or the applicant’s representative, and the
public, and approve or deny the request based on the standards in Section 2-
200(Q)(4), Waiver of Time Limit Standards.
(4) Waiver of Time Limits Standards

The Waiver of Time Limit shall be approved only upon a finding by two-thirds (2/3)
or more of the membership of the decision-making body that substantial evidence
is presented that demonstrates:
(a) Substantial Change in Circumstances

There is a substantial change in circumstances relevant to the issues
and/or facts considered during review of the application that might
reasonably affect the decision-making body’s application of the relevant
review standards to the development proposed in the application; or
(b) New or Additional Information

New or additional information is available that was not available at the time
of the review that might reasonably affect the decision-making body’s
application of the relevant review standards to the development proposed;
or
(c) New Application Materially Different

A new application is proposed to be submitted that is materially different
from the prior application; or
(d) Material Mistake of Fact

The final decision on the application was based on a material mistake of
fact.
Subsection Article 2:2-200(R): Simultaneous Processing of Applications
2-200(R) Simultaneous Processing of Applications
Whenever two (2) or more forms of review and approval are required under this Ordinance,
the applications for those permits or approvals may, at the option of the Development
Services Director, be processed simultaneously, so long as all applicable state and local
requirements are satisfied.
2-200(S) Notification of Decision
Within a reasonable period of time after a decision on an application, the Development

Services Director shall notify the applicant of the decision by mail. Within a reasonable
period of time after the decision, a copy of the decision shall also be made available to the
public at the offices of the Development Services Director, during normal business hours.
Section 2-300: Specific Standards and Other Requirements for Applications for Development Approval
Subsection Article 2:2-300(A): Amendments to Text and Official Zone District Map

DEVELOPMENT APPROVAL
2-300(A) Amendments to Text and Official Zone District Map
(1) Purpose
The purpose of this section is to provide a means for
amending the text of this Ordinance or making an Pre-Application
amendment to the Official Zone District Map Conference
(Rezoning).
(2) Authority Neighborhood

The City Council may adopt an ordinance amending Meeting
the text of this Ordinance or amending the Official (optional)
Zone District Map (Rezoning) upon compliance with
the provisions of this section.
(3) Initiation Submit

(a) Amendment to the Text of this Ordinance Application
An application to amend the text of this
Ordinance may be initiated by the City Council,
the Planning Commission, or requested by an
owner of land in the City. Determination of
Completeness
(b) Amendment to Official Zone District Map
An application to amend the Official Zone
District Map (Rezoning) may be initiated by the
City Council, the Planning Commission, the Staff
BHR (for an amendment for an Historic Review
Property designation or an Historic Overlay
(YH) district classification only), or a person Schedule
who may submit applications in accordance Hearing
with Section 2-200(A), Authority to File
Applications.
Schedule Public
s
Notification
(4) Procedures
(a) Pre-application Conference, Application
Review, Notification and Scheduling Staff
Hearing Report
The procedures and requirements for
submission and review of an application are
established in Section 2-200, Common Planning
Procedures. Commission
Public Hearing/
(b) Review and Recommendation by Planning Recommendation
Commission
After preparation of a Staff Report, public
notification, and the scheduling of the public City Council
hearing, the application shall be referred to the Decision
Planning Commission by the Development
Services Director on the date the public
Zone District Map
hearing on the application is conducted. The
Amendment
Planning Commission shall conduct a public (Rezone) and Text
hearing on the application in accordance with Amendment
Section 2-200(N), Public Hearing Procedures.
At the public hearing, the Planning
Commission shall consider the application, the relevant support materials,

the Staff Report, the testimony given at the public hearing, and following
the close of the public hearing, make a report to the City Council
recommending either to approve or deny the application based on the
standards in Section 2-300(A)(5), Standards. The Planning Commission
shall forward its report to City Council within thirty (30) calendar days from
the date of the application’s referral by the Development Services Director
(unless a longer review period is established by mutual agreement of the
applicant and Planning Commission). If the Planning Commission does
not submit its report within the prescribed time, it is presumed the Planning
Commission recommends approval of the application, and the City Council
may proceed to act on the application without the recommendation of the
(c) Review and Action by City Council

After receipt of the report from the Planning Commission, the City Council
shall review and consider the application, the relevant support materials,
the Staff Report, the report of the Planning Commission, and the
comments given at the meeting (if any). During the meeting, the City
Council, by a majority vote of a quorum present, shall either adopt an
ordinance amending the Text of this Ordinance or the Official Zone District
Map (whichever is appropriate), or deny the application, based on the
standards of Section 2-300(A)(5), Standards.
(d) Protest Petitions

1. General
Applications to amend the Official Zone District Map which are
subject to a valid protest petition shall require an affirmative vote
of at least three-fourths (¾) of all members of the City Council to
be adopted.
2. Valid Protest Petitions

For a protest petition to be considered valid, it shall be signed by
at least twenty percent (20%) of the landowners who own lots:
a. Included in the area subject to the amendment application;
b. Located immediately adjacent to the side or rear of the

lands subject to the amendment application; or
c. Located directly opposite of the lands subject to the

amendment application.
(5) Standards
(a) Text Amendments
Amending the text of this Ordinance is a matter committed to the
legislative discretion of the City Council. In determining whether to adopt
or deny the proposed amendment, the City Council shall consider and
weigh the relevance of the following factors:
1. Consistent with General Plan, Focal Point, and Sub-area Plans

Whether and the extent to which the proposed amendment is
consistent with the General Plan, and relevant adopted Focal
Point and Sub-area Plans.
2. Consistent with Ordinance

Whether the proposed amendment is in conflict with any provision
of this Ordinance, and related City regulations.
3. Changed Conditions
Whether and the extent to which there are changed conditions that
require an amendment.
4. Community Need
Whether and the extent to which the proposed amendment
addresses a demonstrated community need.
5. Compatible with Surrounding Uses

consistent with the purpose and intent of the zone districts in this
Ordinance, or will improve compatibility among uses and will
ensure efficient development within the City.
6. Development Patterns
Whether and the extent to which the proposed amendment would
result in a logical and orderly development pattern.
7. Effect on Natural Environment

result in significantly adverse impacts on the natural environment,
including but not limited to water, air, noise, storm water
management, wildlife, vegetation, wetlands, and the natural
functioning of the environment.

Amending the Official Zone District Map (Rezoning) is a matter committed
to the legislative discretion of the City Council. In considering an
amendment to the Official Zone District Map (Rezoning), the City Council
may adopt a change for only part of the area requested or for a less
intense zone district than requested by the applicant, or both. In
determining whether to adopt or deny the proposed amendment, the City
Council shall consider and weigh the relevance of the following factors:
1. Consistent with General Plan, Focal Point, and Sub-Area Plans

consistent with the General Plan, and any relevant adopted Focal
Point or Sub-area Plans.
3. Community Need

compatible with existing and proposed uses surrounding the
subject land, and is the appropriate zone district for the land.
Subsection Article 2:2-300(B): Planned Development District
result in a logical and orderly development pattern, or deviate from
logical and orderly development patterns.
6. Premature Development
encourage pre-mature development.
7. Strip or Ribbon Commercial Development

result in strip or ribbon commercial development.
8. Isolated Zone District

Whether and the extent to which the proposed amendment will
result in the creation of an isolated zone district unrelated to
adjacent and surrounding zone districts.
9. Property Values
result in significant adverse impacts on the property values of
surrounding lands.

2-300(B) Planned Development District
(1) General
This section establishes the procedures for review of the City’s Planned
Development (PD) zone districts: Planned Development–Residential (PD-R);
Planned Development–Commercial (PD-C); Planned Development–Major
Employment Center (PD-MEC); Planned Development–Traditional Neighborhood
Development (PD-TND); and Planned Development-Planned Educational District
(PD-PED).
(2) Location
A PD zone district classification may be established on any land that complies with
all of the applicable standards of this section.
(3) Unified Ownership or Control

To ensure unified control, copy of the title to all land that is part of a proposed PD
zone district classification shall be provided, and all owners of the land shall sign
the planned development application to indicate their support for the application
and willingness to be bound by any conditions of approval.
(4) PD Zone District Classification and PD Master Plan

(a) Procedure
1. General
A PD zone district classification shall constitute an amendment to
the Official Zone District Map (Rezone). It shall be controlled by a
PD Master Plan and PD Terms and Conditions. The procedure

requires approval of a PD zone district classification, PD Master
Plan, and PD Terms and Conditions
(Section 2-300 (B)(4)(c)), and then a
Final PD Plan (Section 2-300(B)(5)). Pre-Application
Conference
2. Pre-application Conference,
Application Submission, Review,
Public Notification, and Scheduling Neighborhood
Meeting
Hearing
(required)
submission and review of an
application are established in Section
2-200, Common Procedures.
Submit
Application
3. Review and Recommendation by
Planning Commission
After preparation of a Staff Report,
public notification, and the scheduling
of the public hearing, the application Determination of
Completeness
shall be referred to the Planning
Commission by the Development
Services Director on the date the
public hearing on the application is Staff
conducted. The Planning Commission Review
shall conduct a public hearing on the
application in accordance with Section Schedule
2-200(N), Public Hearing Procedures. Hearing
Commission shall consider the
application, the relevant support Schedule Public
s
materials, the Staff Report, the Notification
testimony given at the public hearing,
and following the close of the public
hearing, make a report to the City Staff
Report
Council recommending either to
approve, approve with conditions, or
deny the application based on the
Planning
standards in Section 2-300(B)(4)(b), Commission
Planned Development Standards. The Public Hearing/
Planning Commission shall forward its Recommendation
report to City Council within thirty (30)
calendar days of the application’s
referral by the Development Services City Council
Director (unless a longer review period Decision
is established by mutual agreement of
the applicant and Planning
Commission). If the Planning Planned Development
Commission does not submit its report
within the prescribed time, it is
presumed the Planning Commission recommends approval of the
application, and the City Council may proceed to act on the
application without the recommendation of the Planning
Commission.
4. Review and Action by City Council

a. After receipt of the report from the Planning Commission,
the City Council shall review and consider the application,
the relevant support materials, the Staff Report, the report
of the Planning Commission, and the comments given at
the meeting (if any). In its discretion, the City Council may
refer the matter back to the Planning Commission for
further study and recommendation on specific issues and
for a supplemental report to be submitted to the City
Council. If the referral requires additional public
notification, it shall be given in accordance with Section 2-
200(I), Public Notification. During the meeting at which
the application is finally considered, the City Council shall
approve, approve with conditions, or deny the application
based on the standards in Section 2-300(B)(4)(b),
Planned Development Standards.
b. An application for a PD zone district classification shall be

subject to the standards in Section 2-300(A)(4)(d), Protest
Petitions.
(b) Planned Development Standards

A PD zone district classification, PD Master Plan, and PD Terms and
Conditions shall comply with the standards in Section 2-300(A)(5)(b),
Amendments to Official Zone District Map (Rezone), and the standards for
the type of PD district that is being approved in accordance with Section 3-
400(D), Standards.
(c) PD Terms and Conditions

Concurrent with the approval of the adopting ordinance and the PD Master
Plan, PD Terms and Conditions shall be established binding the planned
development to any conditions placed in the adopting ordinance and PD
Master Plan. The PD Terms and Conditions shall include, but are not
limited to:
1. PD Master Plan and PD Standards

The PD Master Plan and PD Standards.
2. Conditions
Conditions related to the approval of the PD Master Plan.
3. Other Provisions Related to Future Development of PD

Standards, conditions, or other provisions related to future
development approvals, or responsibilities of the landowners
within the PD Master Plan.
(d) Conditions of Approval

In approving a PD zone district classification, a PD Master Plan, and PD
Terms and Conditions, the City Council may impose appropriate
conditions on the approval in accordance with Section 2-200(O),
Conditions of Approval.
(e) Placement of Planned Development District (PD) Classification on

Official Zone District Map
After final approval of the adopting ordinance for the PD zone district
classification, the PD Master Plan, and PD Terms and Conditions, the
Development Services Director shall amend the Official Zone District Map
to show a PD zone district classification.
(f) Recordation
The applicant shall record the adopting ordinance, the PD Master Plan and
the PD Terms and Conditions with the York County Clerk of Court. They
shall be binding upon the landowners, their successors and assigns, and
shall constitute the development regulations for the land. Development of
the land shall be limited to the uses, density, configuration, and all other
elements and conditions set forth on the PD Master Plan and in the PD
Terms and Conditions. The applicant shall submit proof to the
Development Services Director that the adopting ordinance, PD Master
Plan, and PD Terms and Conditions have been recorded with the York
County Clerk of Court within six (6) months of its approval, or the adopting
ordinance, PD Master Plan, and PD Terms and Conditions shall
automatically and immediately be rendered invalid and the land shall
return to its prior zone district classification (or if the land was not located
in the City prior to its approval as a PD zone district classification, the land
shall be classified RH district).
(g) Expiration
1. General
The approval of the adopting ordinance for a PD zone district
classification, the PD Master Plan, and PD Terms and Conditions
shall expire unless an application for a PD Final Plan for any part
or section of the plan for development shown on the PD Master
Plan is submitted within one (1) year of approval (see Section 2-
300(B)(5)). Such time period shall not be extended with transfer of
ownership.
2. Extension
a. Upon written application submitted at least thirty (30) days
prior to the expiration of the permit period by the applicant,
and upon a showing of good cause, the Planning
Commission may grant an extension not to exceed six (6)
months for the submission of a Final PD Plan. The
approval shall be deemed extended until the Planning
Commission has acted upon the request for extension.
b. If the PD Final Plan is not submitted within the time

established in the extension, the Planning Commission,
prior to the time the extension will expire, shall
recommend to the City Council that either one (1)
additional six (6) month extension be granted, for good
cause, or the land be rezoned to its prior zone district
classification (or if the land was not located in the City
prior to its approval as a PD zone district classification, the
land be classified RH district). The City Council shall act
on the recommendation of the Planning Commission
within a reasonable period of time.
3. Expiration
a. Failure to submit a Final PD Plan within the time limits
established by this section shall result in expiration of the
PD zone district classification, the PD Master Plan, and
the PD Terms and Conditions, and the prior zone district
classification shall thereupon be re-established (or if the
land was not located in the City prior to its approval as a
PD zone district classification, the land shall be classified
RH district).
b. If an applicant can demonstrate that a pending legal action

has prevented them from submitting a Final PD Plan, the
City Council, may, upon terms and conditions as
determined in its sole discretion, consider suspending the
expiration of the PD zone district classification, the PD
Master Plan, and the PD Terms and Conditions until the
legal action is resolved.
(h) Minor Deviations

A minor deviation to a PD Master Plan and/or PD Terms and Conditions
shall not be considered as an amendment, and shall be approved by the
Development Services Director. The minor deviation shall comply with the
standards of this Ordinance. A minor deviation shall be limited to technical
considerations which could not reasonably be anticipated during the
approval process or any other change which has no material effect on the
character of the approved PD development or any of its approved terms or
conditions. The following shall constitute minor deviations:
1. Driveway Relocations
Driveway relocations.
2. Structure Floor Plan Revisions

Structure floor plan revisions.
3. Facility Design Modifications

Facility design modifications for amenities and the like.
Changes that materially affect the basic concept of the PD Master Plan are
not considered minor deviations, and shall only be changed as
amendments to the PD Master Plan and/or the PD Terms and Conditions
(Section 2-300(B)(4)(c)).
(i) Amendments
1. General
If an applicant determines it is necessary to alter the concept or
intent of the PD Master Plan, and/or the PD Terms and
Conditions, the PD Master Plan and/or PD Terms and Conditions
shall be amended, extended, or modified only in accordance with
the procedures and standards for its original approval.
2. Amendments Defined
The following items are considered an alteration of the concept or
intent of the PD Master Plan or PD Terms and Conditions:
a. Changes in use designations;
b. Density/intensity increases;
c. Decreases in open space;
d. Substantial changes in the location of streets (particularly

if streets are to be deleted or access points to the
development are moved so traffic flows both inside and
outside the development are affected);
e. Change in the location of any public easement;
f. Change in the proportion of housing types by more than

fifteen percent (15%); or
g. Violation of any specific condition of the PD Terms and

Conditions.
(5) Final PD Plan

(a) Submittal of PD Final Plan
Within one (1) year of the approval of a PD zone district classification, PD
Master Plan, and PD Terms and Conditions, the applicant shall submit a
PD Final Plan for any part or section of the plan for development shown in
the PD Master Plan. The PD Final Plan shall implement the PD Master
Plan. For the purposes of this Ordinance, the PD Final Plan shall mean
either Site Plan (Section 2-300(H)) or Preliminary Plat for Subdivision
(Section 2-300(I)(5)(b)) approval, whichever is appropriate.
(b) Standards
In addition to complying with the relevant standards for Site Plan (Section
2-300(H)) or Subdivision (Section 2-300(I)), whichever is appropriate, the
PD Final Plan shall also conform to the PD Master Plan and the PD Terms
and Conditions.
(c) Expiration
1. Substantial Completion Required
The approval of a PD Final Plan shall expire unless construction
has reached the level of substantial completion. For the purposes
of this subsection, substantial completion shall mean the issuance
of Certificates of Occupancy for fifty percent (50%) or more of the
residential units or for thirty-three percent (33%) or more of non-
residential square footage in the PD Final Plan, within one (1) year
of the date of approval of the PD Final Plan.
2. Extension
prior to the expiration of the permit for Final PD Plan by
the applicant, and upon a showing of good cause, the
Planning Commission may grant an extension not to
exceed six (6) months. The approval shall be deemed
extended until the Planning Commission has acted upon
the request for extension.
b. If the construction has not achieved substantial completion

within the time established in the extension, the Planning
Commission, prior to the time the extension will expire,
Subsection Article 2:2-300(C): Conditional Use Permit
shall recommend to the City Council that one (1)

additional extension be granted for a period not to exceed
six (6) months, for good cause shown, or if a PD Final
Plan for the planned development has not achieved
substantial completion, the land be rezoned to its prior
zone district classification (or if the land was not located in
the City prior to its approval as a PD zone district
classification, the land shall be classified RH district). The
City Council shall act on the recommendation of the
Planning Commission within a reasonable period of time.
2-300(C) Conditional Use Permit
(1) Purpose
Conditional uses are uses that are generally compatible with the other uses
permitted in a zone district, but require individual review of their location, design,
configuration, and density and intensity of use, and usually require the imposition
of conditions to ensure the appropriateness of the use at a particular location.
(2) Authority
(a) General
The Development Services Director is authorized to review and decide on
an application for a Conditional Use Permit in accordance with this section.
(b) Uses Authorized

Only those uses identified as conditional
uses in Table 4-100(B), Table of Allowed Pre-Application
Uses, are authorized to be considered for Conference
(optional)
Conditional Use Permits under this section.
The designation of a use as a conditional
use in Table 4-100(B), Table of Allowed
Uses, does not constitute authorization that
such use shall be approved through a Submit
Conditional Use Permit in accordance with Application
this section. Rather, each proposed
conditional use shall be evaluated by the
Development Services Director for
compliance with the standards set forth in Determination of
this section, and the standards for the use in Completeness
Section 4-300, Use Specific Standards.
(3) Procedure Development

(a) Initial Submission of Application and Services Director
Staff Review Decision
The procedures and requirements for and
review of an application are established in Conditional Use
Section 2-200, Common Procedures. Permit
(b) Review and Action by Development

Services Director
The Development Services Director shall review and take action on the
application in accordance with Section 2-200(M), Review by Development
Services Director.
(4) Conditional Use Standards

A Conditional Use Permit shall be approved only upon a finding the applicant has
demonstrated all of the following standards are met:
(a) Complies with Use Specific Regulations

The proposed use complies with all standards in Section 4-300, Use
Specific Standards.
(b) Roads
There is adequate road capacity available to serve the proposed
conditional use, and the proposed use is designed to ensure safe ingress
and egress onto the site and safe road conditions around the site.
(c) Access for Fire, Police, EMS

The proposed conditional use is designed so that adequate access onto
the site is provided for fire, police, and EMS services.
(5) Conditions of Approval

In approving a Conditional Use Permit, the Development Services Director may
impose appropriate conditions on the permit approval in accordance with Section
2-200(O), Conditions of Approval, to ensure the conditional use complies with the
standards of this section.
(6) Effect
Issuance of a Conditional Use Permit shall authorize only the particular conditional
use that is approved in the permit. A Conditional Use Permit, including any
conditions, shall run with the land and not be affected by a change in ownership.
(7) Expiration
(a) General
The Development Services Director may prescribe a time limit within which
development activity shall begin or be completed on the Conditional Use
Permit, or both. Failure to begin and/or complete such development
activity within the time limit specified results in the expiration of the
Conditional Use Permit. Unless specified otherwise by the Development
Services Director, a Building Permit shall be obtained for the development
approved by the permit within twelve (12) months from the date of
approval, and development shall be completed on the Building Permit
within the time allowed under the City’s building regulations, or the
Conditional Use Permit shall expire and be void. In cases where a
Building Permit is not required to establish an approved conditional use, a
Certificate of Conformity (Section 2-300(P)) shall be obtained within twelve
(12) months from the date of approval, or the Conditional Use Permit shall
expire and be void.
(b) Extension
Upon written application submitted at least (thirty) 30 days prior to the
expiration of the permit period by the applicant, and upon a showing of
good cause, the Development Services Director may grant one (1)
extension not to exceed six (6) months, for good cause shown. The
approval shall be deemed extended until the Development Services
Director has acted upon the request for extension. Failure to submit an
application for an extension within the time limits established by this
section shall result in the expiration of the Conditional Use Permit.
Subsection Article 2:2-300(D): Special Exception Permit
(8) Amendment
A Conditional Use Permit may be amended, extended, or modified only in
accordance with the procedures and standards established for its original
approval.
2-300(D) Special Exception Permit
(1) Purpose
The purpose of this section is to provide a means for reviewing applications for
approval of uses allowed as Special Exceptions. These are uses that are
generally compatible with the other uses permitted in
a zone district, but require individual review of their
location, design, configuration, and density and Pre-Application
intensity of use, and may require the imposition of Conference
(optional)
conditions to ensure the appropriateness of the use
at a particular location.

The ZBA is authorized to review and decide Meeting
applications for Special Exception Permits in (optional)
accordance with this section. Only those uses
identified as Special Exceptions in Table 4-100(B),
Table of Allowed Uses, are authorized to be
considered as Special Exceptions under this section.
Submit
The designation of a use as a Special Exception in Application
Table 4-100(B), Table of Allowed Uses, does not
constitute an authorization that such use shall be
approved through a Special Exception Permit in
accordance with this section. Rather, each proposed
Determination of
Special Exception shall be evaluated by the ZBA for Completeness
compliance with the standards set forth in this
section and the applicable standards for the use in
Section 4-300, Use Specific Standards (if
appropriate). Staff
Review
(3) Procedure
(a) Application Submission, Review, Public Schedule
Notification and Scheduling Hearing Hearing
established in Section 2-200, Common Schedule Public
s
Procedures. Notification
(b) Review and Action by Board of Zoning

Staff
Appeals Report
notification, and the scheduling of a public
hearing, the ZBA shall conduct a public ZBA
hearing on the application in accordance Public Hearing/
with Section 2-200(N), Public Hearing Decision
Procedures. At the public hearing, the ZBA
shall consider the application, the relevant Special Exception
support materials, the Staff Report, and the Permit
testimony given at the public hearing. After
the close of the public hearing, the ZBA shall
approve, approve with conditions, or deny the application based on the

standards in Section 2-300(D)(4), Special Exception Standards.
(4) Special Exception Standards

A Special Exception Permit shall be approved only upon a finding the applicant
demonstrates all the following standards are met:

The proposed special exception complies with all standards in Section 4-
300, Use Specific Standards.
(b) Compatibility
The proposed special exception is appropriate for its location and
compatible with the character of surrounding lands and the uses permitted
in the zone district(s) of surrounding lands.
(c) Design Minimizes Adverse Impact

The design of the proposed special exception minimizes adverse effects,
including visual impacts of the proposed use on adjacent lands;
furthermore, the proposed special exception avoids significant adverse
impact on surrounding lands regarding service delivery, parking and
loading, odors, noise, glare, and vibration, and does not create a nuisance.
(d) Design Minimizes Environmental Impact

The proposed special exception minimizes environmental impacts and
does not cause significant deterioration of water and air resources, wildlife
habitat, scenic resources, and other natural resources.
(e) Roads
There is adequate road capacity available to serve the proposed special
exception, and the proposed special exception use is designed to ensure
safe ingress and egress onto the site and safe road conditions around the
site.
(f) Not Injure Neighboring Land or Property Values

The proposed special exception will not substantially and permanently
injure the use of neighboring land for those uses that are permitted in the
zone district, or reduce property values.
(g) Site Plan

A site plan has been prepared that demonstrates how the proposed
special exception use complies with the other standards of this subsection.
(h) Complies with All Other Relevant Laws and Ordinances

The proposed special exception use complies with all other relevant City
laws and ordinances, state and federal laws, and regulations.

In approving a Special Exception Permit, the ZBA may impose appropriate
conditions on the permit approval in accordance with Section 2-200(O), Conditions
of Approval.
(6) Appeal
A person having a substantial interest affected by a decision of the ZBA on a
Special Exception Permit may appeal from the decision of the ZBA to the Circuit
Court in and for York County by filing with the Clerk of the Court a petition setting
forth plainly, fully, and distinctly why the decision is contrary to law. The appeal
shall be filed within thirty (30) days after the decision of the ZBA is mailed. For the
purposes of this subsection, person includes persons jointly or severally aggrieved
by the decision of the ZBA.
(7) Effect
Issuance of a Special Exception Permit shall authorize only the particular special
exception that is approved in the permit. A Special Exception Permit, including
any conditions, shall run with the land and shall not be affected by a change in
ownership.
(8) Expiration
(a) General
The ZBA may prescribe a time limit within which development activity shall
begin or be completed on the Special Exception Permit, or both. Failure to
begin and/or complete such development activity within the time limit
specified shall void the Special Exception Permit. Unless specified
otherwise by the ZBA, a Building Permit shall be obtained for the
development approved by the permit within twelve (12) months from the
date of approval, and development shall be completed on the Building
Permit within the time allowed under the City’s building regulations, or the
Special Exception Permit shall expire and be void. In cases where a
Building Permit is not required to establish an approved special exception
use, a Certificate of Conformity (Section 2-300(P)) shall be obtained within
twelve (12) months from the date of approval, or the Special Exception
Permit shall expire and be void.
(b) Extension
Upon written application submitted at least thirty (30) days prior to the
good cause, the ZBA may grant one (1) extension not to exceed six (6)
months. The approval shall be deemed extended until the ZBA has acted
upon the request for extension. Failure to submit an application for an
extension within the time limits established by this section shall result in
the expiration of the Special Exception Permit.
(9) Amendments
A Special Exception Permit may be amended, extended, or modified only in
approval.
Subsection Article 2:2-300(E): Variance Permit
2-300(E) Variance Permit
(1) Purpose
The purpose of a Variance Permit is to allow certain
deviations from the standards of this Ordinance
(such as height, yard setback, lot coverage, parking, Pre-Application
landscaping, and signage standards), when the Conference
landowner demonstrates that, owing to special (optional)
circumstances or conditions beyond the landowner’s
control (such as exceptional topographical
conditions, narrowness, shallowness, or the shape of Neighborhood
a specific parcel of land), the literal application of the Meeting
(optional)
dimensional standards would result in undue and
unique hardship to the landowner and the deviation
would not be contrary to the public interest.
(2) Authority Submit

The ZBA is authorized to review and decide on a Application
Variance Permit in accordance with this section.
(3) Procedures
(a) Application Submission, Review, Determination of
Notification and Scheduling Hearing Completeness
established in Section 2-200, Common
Staff
Procedures.
Review

Schedule
Appeals
Hearing
hearing, the ZBA shall conduct a public Schedule Public
hearing on the application in accordance s
Notification
with Section 2-200(N), Public Hearing
shall consider the application, the relevant Staff
support materials, the Staff Report, and the Report
approve, approve with conditions, or deny
the application based on the standards in ZBA Public
Hearing/ Decision
Section 2-300(E)(4), Variance Standards.
(4) Variance Standards

(a) Findings Variance Permit
A Variance Permit shall be approved only
upon a finding, made in writing, that the
applicant demonstrates all of the following standards are met:
1. Extraordinary and Exceptional Conditions

There are extraordinary and exceptional conditions (such as
topographic conditions, narrowness, shallowness, or the shape of
property) pertaining to the particular piece of land for which the

variance is sought, that do not generally apply to other land or
structures in the vicinity.
2. Not Result of Action by Applicant

The special circumstances are not the result of the actions of the
applicant.
3. Strict Application Deprives Use

Because of the conditions in subsection 2-300(E)(4)(a)(1) above,
the application of this Ordinance to the land would effectively
prohibit or unreasonably restrict the utilization of the land and
result in unnecessary and undue hardship.
4. Minimum Variance
The granting of the Variance Permit is the minimum action that will
make possible the reasonable use of the land or structure which is
not contrary to the public interest, and which would carry out the
spirit of this Ordinance.
5. Not Detrimental
The authorization of the Variance Permit will not result in
substantial detriment to adjacent land, and the character of the
zone district in which the land subject to the application is located.
6. Consistency with this Ordinance

The granting of the Variance Permit will be generally consistent
with the purposes and intent of this Ordinance.
(b) Not Grounds for Variance

The following do not constitute grounds for a Variance Permit:
1. Nonconforming Use of Neighboring Lands

The nonconforming use of neighboring lands, structures, or
buildings in the same zone district that applies to the land for
which the Variance Permit is sought.
2. Property Could Be Utilized More Profitably

The fact that land may be utilized more profitably should a
Variance Permit be granted.
(c) Prohibitions
No Variance Permit shall be granted to:
1. Allow a use not permitted by right, Conditional Use Permit, or by

Special Exception Permit in the district in which the land subject to
the Variance Permit is located.
2. Extend physically a nonconforming use of land.
3. Change the zone district boundaries on the Official Zone District

Map.
4. Establish, enlarge, or alter any use, structure, or characteristic of

use that arises from or is necessitated by the approval of a Special
Exception Permit.

In approving a Variance Permit, the ZBA may impose appropriate conditions on
the permit approval in accordance with Section 2-200(O), Conditions of Approval.
(6) Appeal
Variance Permit may appeal from the decision of the ZBA to the Circuit Court in
and for York County by filing with the Clerk of the Court a petition setting forth
plainly, fully, and distinctly why the decision is contrary to law. The appeal shall be
filed within thirty (30) days after the decision of the ZBA is mailed. For the
(7) Recordation
The ZBA may require the applicant to record the Variance Permit with the York
County Clerk of Court. The Variance Permit shall be binding upon the landowners,
their successors, and assigns.
(8) Subsequent Development

Development authorized by the Variance Permit shall not be carried out until the
applicant has secured all other permits required by this Ordinance or any other
applicable provisions of the City. A Variance Permit does not ensure that the
development approved as a variance shall receive subsequent approval for other
applications for permit approval unless the relevant and applicable portions of this
Ordinance or any other applicable provisions are met.
(9) Effect
Issuance of a Variance Permit shall authorize only the particular variance that is
approved in the permit. A Variance Permit, including any conditions, shall run with
the land and not be affected by a change in ownership. Land subject to an
approved Variance Permit shall not be exempted from other relevant standards in
this Ordinance which are unrelated to the standard being varied.
(10) Expiration
(a) General
begin or be completed on the Variance Permit, or both. Failure to begin
and/or complete such development activity within the time limit specified
shall void the Variance Permit. Unless specified otherwise by the ZBA, a
Variance Permit shall automatically expire:
1. One (1) year from the date of its issuance if :
a. The development authorized by the permit has not

commenced, and no substantial construction, alteration,
demolition, excavation, or other similar work required by
the permit is completed; or
b. Less than ten percent (10%) of the total amount of

development approved as part of the permit is completed,
Subsection Article 2:2-300(F): Administrative Adjustments
when construction, alteration, demolition, excavation, or

other similar work is required.
2. If the development approved by the Variance Permit is

discontinued and not resumed for a period of one (1) year.
(b) Extension
the expiration of the Variance Permit.
(11) Amendment
A Variance Permit may be amended, extended, or modified only in accordance
with the procedures and standards established for its original approval.
2-300(F) Administrative Adjustments
(1) General
This section sets out the procedures and standards for Administrative
Adjustments. Administrative Adjustments may be requested for the standards
identified in Table 2-300(F), Standards Subject to Administrative Adjustments:
(2) Authority
The Development Services Director is authorized to review and approve, approve
with conditions, or deny an application for an
Administrative Adjustment in accordance with this
section. Pre-Application
Conference
(optional)
(3) Procedure
(a) Initial Submission of Application and Staff
Review
submission and review of an application are Submit
Application
Procedures.
(b) Review and Action by Development Determination of

Services Director Completeness
The Development Services Director shall
review and take action on the application in
accordance with the procedures and Development
Services Director
requirements of Section 2-200(M), Review by Decision
Administrative
Adjustments
TABLE 2-300(F): STANDARDS SUBJECT TO ADMINISTRATIVE ADJUSTMENTS
ALLOWABLE MODIFICATION
STANDARD
OLD TOWN OUTSIDE OLD TOWN
Any numerical dimensional standard from Table 5-100(A),
Dimensional Standards in the Residential Zone Districts, or Table Modify by up to 10%
5-100(B), Dimensional Standards in the Business Zone Districts
Modify by up to 20%
Any required setback from Tables 5-100(A) or (B) to protect root
zones of existing healthy trees retained on a site during and after Modify by up to 20%
construction
Perimeter buffer width standard from Table 6-300(F)(1), Buffer

Modify by up to 20% No reduction allowed
Classifications
Building, parapet or appurtenance height limits in Table 5-100(B),
Dimensional Standards in the Business Zone Districts, and Modify by up to 10% Modify by up to 25%
described in section 5-200(D).
Modify by up to by 5%
(only to protect root
Minimum required number of off-street parking spaces from
Modify by up to 20% zones of existing trees
Table 6-100(D)(1), Minimum Off-street Parking Standards
with 10 inch dbh or
greater)
Minimum Connectivity Index score of 1.65 (Section 6-
Modify by up to 25% Modify by up to 15%
800(A)(2)(b)(1)(c))
Limitation on the maximum number of off-street parking spaces
located between a primary building façade and the street it faces
for:
• Commercial and public and institutional development in Modify by up to 20%
the OI, LC, CC, CG, PD-C, and PD-MEC districts
(Section 6-800(C)(9)(a)(2)); or
• Large Retail Establishments (Section 6-800(D)(7))
Modify by up to 100%
(reductions allowed to
Requirement that no parking be located between a single-family protect heritage trees or
dwelling and the street it fronts (Section 6-800(E), Infill Design where space or N/A
and Development Standards) topographic considerations
prevent access to the rear
of a lot)
Front and side yard setbacks for corner lots developed with
Reduce to minimum of
Commercial or Public and Institutional Uses (Section 6-800(E), N/A
up to 5 feet
Infill Design and Development Standards)
Maximum building footprint for Commercial and Public and
Institutional Uses (Section 6-800(E), Infill Design and Modify by up to 25% N/A
Development Standards)
Glazing standards for:
• Commercial and public and institutional uses (Section
6-800(C)(4)(b)(2)); or
Modify by up to 25%
• Primary ground floor front facade glazing standards for
Large Retail Establishments (Section 6-
800(D)(2)(b)(1))
Rock Hill, South Carolina l Zoning Ordinance May 14, 2007 Page 48
(4) Administrative Adjustment Standards

Administrative Adjustments shall be approved upon a finding the applicant
demonstrates the following standards are met:
(a) General
The requested Administrative Adjustment is not inconsistent with the
character of development in the surrounding area, and will not result in
incompatible uses.
(b) Mitigates Adverse Impacts

Any adverse impacts resulting from the Administrative Adjustment will be
mitigated to the maximum extent practicable.
(c) Technical Nature

The Administrative Adjustment is of a technical nature (i.e., relief from a
dimensional or design standard), and is either:
1. Required to compensate for some unusual aspect of the site or the

proposed development that is not shared by landowners in
general;
2. Supporting an objective or goal from the purpose and intent

statements of the zone district where located; or
3. Proposed to save healthy existing trees.
(d) Not Substantially Interfere with Convenient and Enjoyable Use of

Adjacent Land
The Administrative Adjustment will not substantially interfere with the
convenient and enjoyable use of adjacent lands, and will not pose a
danger to the public health or safety.
(e) Adjustment to Glazing Standards

With respect to the glazing standards for commercial and public and
institutional uses or Large Retail establishments:
1. The reduction in glazing is needed to address a unique

circumstance related to building location, or unique topographic or
physical feature;
2. The development exceeds the minimum façade massing

standards; and
3. Additional architectural details are included on the façade to

account for a decrease in glazing.
(f) Adjustment to Location of Off-Street Parking

With respect to the standards in the OI, CC, CG, PD-C, and PD-MEC
districts for the location of off-street parking for commercial and public and
institutional uses, or the location of off-street parking for any Large Retail
establishment:
1. The re-location of off-street parking is required to adjust for an

unusual physical aspect or natural feature on the site that is not
shared by other landowners in general, or is required due to the
unusual physical design of the development’s buildings;
2. The re-location of the off-street parking is consistent with

surrounding lands uses and development; and
3. For lots within Old Town only, the re-location of the off-street
parking is consistent with the development patterns of surrounding
lands uses and development.
(g) Connectivity Index

Adjustment to the minimum connectivity index score is allowable when it is
demonstrated the landowner has attempted to develop a street design that
complies with the connectivity index to the maximum extent practicable,
but it reasonably impossible due to either:
1. Topographical or environmental conditions; or
2. The limited number of external connections to the site, and the

physical features of the site.
(h) Building Height
An adjustment to building height in Business Zone Districts is allowable

when:
1. The additional height is necessitated by a specific function of the

building, or constraint of the site.
2. The building is setback from property lines at least one foot for
every foot of height, and two feet for every foot of height when
adjacent to a residential district.

In approving an Administrative Adjustment, the Development Services Director
may grant a lesser modification than the maximum allowed by this section or
requested by an applicant, and may impose appropriate conditions on the permit
approval in accordance with Section 2-200(O), Conditions of Approval.
(6) Recordation
The Development Services Director may require the applicant to record the
Administrative Adjustment with the York County Clerk of Court. The Administrative
Adjustment shall be binding upon the landowners, their successors, and assigns.

Development authorized by the Administrative Adjustment shall not be carried out
until the applicant has secured all other permits required by this Ordinance or any
other applicable provisions of the City. An Administrative Adjustment shall not
ensure that the development receiving an Administrative Adjustment receives
subsequent approval for other applications for development unless the relevant
Subsection Article 2:2-300(G): Historic Districts and Historic Properties
and applicable portions of this Ordinance or any other applicable provisions are
met.
(8) Effect
Issuance of an Administrative Adjustment shall authorize only the particular
Administrative Adjustment that is approved in the permit. An Administrative
Adjustment, including any conditions, shall run with the land and not be affected by
a change in ownership.
(9) Expiration
(a) General
development activity shall begin or be completed on the development
subject to an Administrative Adjustment, or both. Failure to begin and/or
complete such development activity within the time limit specified shall
void the Administrative Adjustment. Unless specified otherwise by the
Development Services Director, a Building Permit shall be obtained for the
date of approval of the Administrative Adjustment, and development shall
be completed on the Building Permit within the time allowed under the
City’s building regulations, or the Administrative Adjustment shall expire
and be void. In cases where a Building Permit is not required to establish
the use, a Certificate of Conformity (Section 2-300(P)) shall be obtained
within twelve (12) months from the date of approval, or the Administrative
Adjustment shall expire and be void.
(b) Extension
expiration of the permit period by the applicant and upon a showing of
extension not to exceed six (6) months. The approval shall be deemed
extended until the Development Services Director has acted upon the
request for extension. Failure to submit an application for an extension
within the time limits established by this section shall result in the
expiration of the Administrative Adjustment.
(10) Amendment
An Administrative Adjustment may be amended, extended, or modified only in
approval.
(11) Appeals
An aggrieved party may appeal the decision of the Development Services
Director’s to the ZBA in accordance with Section 2-300(R), Appeals to ZBA from
Decisions and Interpretations of Development Services Director.
2-300(G) Historic Districts and Historic Properties
(1) Certificate of Appropriateness

(a) Purpose
The purpose of this section is to provide a mechanism for reviewing
demolition, removal, new construction, additions, or alterations of exterior
features on Historic Properties and structures within the Historic Overlay
(YH) district to ensure they comply with the standards of this section and
approved design standards.
(b) Authority
1. General
The Board of Historic Review (BHR) is
authorized to review and decide Pre-Application
Conference
applications for a Certificates of (optional)
Appropriateness.
2. Development Services Director

Preliminary
a. The BHR may, by the Comment from BHR
promulgation of written (optional)
guidelines, authorize and
delegate to the Development
Services Director, the authority
to review and approve Submit
Application
for the repair and maintenance
of any exterior building
feature, when such work Determination of
exactly reproduces the Completeness
existing design of the building
or structure, and the same or
closely similar materials are
used. Staff
Review
b. The Development Services

Director is also authorized, in Schedule
Hearing
accordance with guidelines
adopted by the BHR, to review
and make decisions on
Schedule Public
applications for Certificates of s
Notification
Appropriateness for minor
alterations or renovations.
Staff
(c) Applicability Report
1. When Required
A Certificate of Appropriateness shall
be required prior to any demolition, Board of Historic
removal, new construction, additions, Review
Hearing/ Decision
or alterations of exterior features on
Historic Properties or structures in the
Historic Overlay (YH) district.
Certificate of
Appropriateness
2. Certificate of Appropriateness Not
(BHR)
Required
Nothing in this section shall be
construed to prevent the ordinary maintenance or repair of any
exterior architectural feature of structures designated as historic
when the repair does not involve a change in design, material,
color or outer appearance of the structure. Certificates of
Appropriateness are not required for alterations to the interior of a
building or alterations to the use of a building, unless the interior of
a particular structure is specifically identified in the designation
ordinance establishing an Historic Property or Historic Overlay
(YH) district (Section 3-500(B)(2), Historic Overlay (YH) District,
and Section 2-300(A), Amendments to Text and Official Zone

District Map (Rezone).
(d) Procedure
1. BHR Review of Certificate of Appropriateness
a. Preliminary Comments : Prior to submitting an application

for a Certificate of Appropriateness, a landowner may
appear before the BHR to seek advice on matters
pertaining to this section and Section 3-500(B)(2), Historic
Overlay (YH) District.
b. Application Submission and Review : The procedures and

requirements for submission and review of an application
are established in Section 2-200, Common Procedures.
c. Review and Action by BHR :

After preparation of a Staff Report, public notification, and
scheduling of a public hearing, the BHR shall conduct a
public hearing on the application in accordance with
Section 2-200(N), Public Hearing Procedures. At the
public hearing, the BHR shall consider the application, the
relevant support materials, the Staff Report, and the
testimony given at the public hearing. After the close of
the public hearing, the BHR shall, based on the standards
in Section 2-300(G)(1)(e), Certificate of Appropriateness
Standards take one (1) of the following actions:
i. Affirm the recommendation of the Development

Services Director in the Staff Report;
ii. Modify the recommendation of the Development

Services Director in the Staff Report; or
iii. Reverse the recommendation of the Development

2. Development Services Director Review of Certificate of

Appropriateness
a. Initial Submission of Application and Staff Review: The

procedures and requirements for the Development
Services Director’s review of an application in accordance
with Section 2-300(G)(1)(b)(2) are established in Section
b. Review and Action by Development Services Director :

The Development Services Director shall review and take
action on the application in accordance with Section 2-
200(M), Review by Development Services Director, and
make a decision on the application based on the

standards in Section 2-300(G)(1)(e), Certificate of
Appropriateness Standards.
c. Appeal to the BHR: The BHR shall hear appeals on

decisions of the Development Services Director on
Certificates of Appropriateness in accordance with Section
2-300(G)(6), Appeal to BHR.
(e) Certificate of Appropriateness Standards

The following standards shall be applied in determining whether to
approve, approve with conditions, or deny a Certificate of Appropriateness.
1. Affect Exterior Appearance

Whether the proposed action will affect the exterior appearance of
the subject land or structure or the appearance of any interior
portion specifically identified in any relevant designation ordnance.
2. Affect Consistent with Historical, Architectural, or Other Relevant

Qualities
Whether any such affect is consistent with the historical,
architectural, or other qualities which the relevant designation
ordinance seeks to protect and enforce.
3. Negative or Positive Impact on Neighboring Lands of Historical

Significance
Whether the proposed action will have a negative or positive
impact on neighboring lands that have historic significance.
4. Complies with Design Review Guidelines Manual

Whether the proposed Certificate of Appropriateness is in
compliance with the City’s Design Review Guidelines Manual.
(f) Conditions of Approval

In approving a Certificate of Appropriateness, the BHR or Development
Services Director, whichever is appropriate, may impose appropriate
conditions on the permit approval in accordance with Section 2-200(O),
(g) Appeal
Any aggrieved party objecting to a final decision of the BHR on a
Certificate of Appropriateness may appeal the decision to the courts of
South Carolina in accordance with S.C. Code of Laws Section 6-29-900.
Pre-Application
(2) Certificate of Hardship Conference
(optional)
(a) Purpose
The purpose of this section is to provide a
procedure for a landowner to gain relief who
Preliminary
has a Certificate of Appropriateness denied,
Comment from
or believes it is not possible to comply with BHR
the standards for approval for a Certificate of (optional)
Appropriateness.
(b) General Submit

The BHR is authorized to review and decide Application
applications for Certificates of Hardship.
(c) Procedure Determination of

1. Application Submission, Review, Completeness
Notification, and Scheduling Hearing
application are established in Section Staff
Review
2. Review and Action by BHR Schedule

Hearing
of a public hearing, the BHR shall
Schedule Public
conduct a public hearing on the s
Notification
application in accordance with
Section 2-200(N), Public Hearing
Procedures. At the public hearing, Staff
the BHR shall consider the Report
application, the economic feasibility
analysis, the relevant support
materials, and the testimony given at Board of Historic
the public hearing. After the close of Review
the public hearing, the BHR shall Hearing/Decision
Hardship
Hardship Standards.
(BHR)
(d) Economic Feasibility Analysis Required
Any application for a Certificate of Hardship shall be accompanied by an
Economic Feasibility Analysis prepared by a South Carolina Licensed or
Certified Appraiser in accordance with the South Carolina Uniform
Standards of Professional Appraisal Practice, and shall include all of the
following:
1. An “as is” market value estimate of the structure(s) based upon

the highest and best use of the site as improved;
2. An “after-rehabilitation” market value estimate of the structure(s)

based upon the highest and best use of the site as improved;
3. A land value analysis based on the highest and best use of the
site as vacant land regardless of whether the highest and best use
of the site as vacant land differs from the highest and best use of
the land as improved; and
4. A verifiable estimate of rehabilitation costs obtained from market

sources, (e.g., an actual cost estimate from a licensed South
Carolina contractor, data on actual costs experienced during
rehabilitation of similar structures in the area, or information from
contractors who are experienced in historic building
rehabilitation/renovation).
(e) Hardship Standards

A Certificate of Hardship shall be approved only upon a finding that the
economic feasibility analysis indicates that the “as-is” market value and
rehabilitation costs exceed the “after-rehabilitation” market value by fifteen
percent (15%) or more.

In approving a Certificate of Hardship, the BHR may impose appropriate
(g) Appeal
Certificate of Hardship may appeal the decision to the York County Circuit
Court in accordance with S.C. Code of Laws Section 6-29-900.
(3) Submission of New Application After Disapproval

If the BHR or Development Services Director denies a Certificate of
Appropriateness or Certificate of Hardship, the applicant may, at any time, submit
a new application with new information addressing the written reasons for
disapproval.
(4) Expiration
(a) General
The BHR or Development Services Director (whichever approved the
permit) may prescribe a time limit within which development activity or
demolition shall begin or be completed (or both) on the Certificate of
Appropriateness or Certificate of Hardship. Failure to begin and/or
complete such activity within the time limit specified shall result in the
expiration of the Certificate. Unless specified otherwise by the BHR or
Development Services Director (whichever approved the permit), the
approved activity shall occur within twelve (12) months from the date of
approval, or the Certificate shall immediately expire and be void.
(b) Extension
expiration of the Certificate of Appropriateness or Certificate of Hardship
by the applicant, and upon a showing of good cause, the BHR or
Development Services Director (whichever approved the permit) may
grant one (1) extension not to exceed six (6) months. The approval shall
be deemed extended until the BHR or Development Services Director
(whichever approved the permit) has acted upon the request for extension.
Subsection Article 2:2-300(H): Site Plan
Failure to submit an application for an extension within the time limits

established by this section shall result in the expiration of the Certificate.
(5) Amendment
A Certificate of Appropriateness or Certificate of Hardship may be amended,
extended or modified only in accordance with the procedures and standards
established for its original approval.
(6) Appeal to BHR

(a) General
The BHR shall hear appeals made by any aggrieved party by a decision of
the Development Services Director with regards to a decision on a
Certificate of Appropriateness or any other matter related to the
administration of this section and Section 3-500(B)(2), Historic Overlay
(YH) District, by filing a written appeal with the Development Services
Director within ten (10) business days of the decision. The appeal shall
specify the grounds for the appeal.
(b) Procedures
The procedures for appeal are the same as those established in Section 2-
300(R), Appeals to ZBA from Decisions and Interpretations of the
Development Services Director, except the appeal shall be heard by the
BHR instead of the ZBA.
2-300(H) Site Plan
(1) Purpose
Site Plan review is required to ensure that the layout and general design of
proposed development is compatible with surrounding uses and complies with:
Article 6: Development and Design Standards, Article 7: Subdivision Standards,
this Ordinance, and all other applicable City regulations.
(2) Applicability
All development, unless exempted in accordance with Section 2-300(H)(3),
Exemptions, shall be required to have either a Minor Site Plan or a Major Site Plan
approved in accordance with this section prior to issuance of a Building Permit.
(3) Exemptions
The following development shall be exempted from the requirements of this
section (but are not exempted from Section 2-300(O), Zoning Permit, and Section
2-300(P), Certificate of Conformity):
(a) Single-Family Development

Single-family development on a single lot.
(b) Two-Family Development

Two-family dwelling development on a single lot.
(c) Internal Construction

Internal construction that does not increase gross floor area, increase the
density or intensity of use, or affect parking requirements.
(4) Minor Site Plan

(a) Applicability Pre-Application
The following development, unless exempted Conference
(optional)
in accordance with Section 2-300(H)(3),
Exemptions, constitutes a Minor Site Plan,
and shall be reviewed in accordance with this
section.
Submit
1. Residential Development Application
Multiple family, townhouse, two- to
four-family, single-family attached,
and Group Living uses of less than
twenty-five (25) units. Determination of
Completeness
2. Non-residential Development
Non-residential development of less
than twenty thousand (20,000) Development
square feet. Services Director
Decision
(b) Authority
The Development Services Director is
authorized to review and approve, approve Minor Site Plan
with conditions, or deny a Minor Site Plan.
(c) Procedures
1. Submission and Review of Application
The procedures and requirements for submission and review of a
Minor Site Plan are established in Section 2-200, Common
Procedures.
2. Action by Development Services Director

The Development Services Director shall review and take action
on the application for a Minor Site Plan in accordance with the
procedures and requirements of Section 2-200(M), Review by
Development Services Director, and based on the standards in
Section 2-300(H)(6), Site Plan Standards.
3. Successive Applications
Any subsequent development on or adjacent to land subject to a
Minor Site Plan under the same ownership which is intended to
expand, share, or be a part of the development approved as part
of the Minor Site Plan shall be reviewed as a Major Site Plan in
accordance with Section 2-300(H)(5), Major Site Plan.
(5) Major Site Plan

(a) Applicability
The following development, unless exempted in accordance with Section
2-300(H)(3), Exemptions, constitutes a Major Site Plan, and shall be
reviewed in accordance with this section.
1. Residential Development
Multiple family, townhouse, two- to four-family, single-family
attached, and Group Living uses of twenty-five (25) units or more.
Non-residential development of Pre-Application
twenty thousand (20,000) square feet Conference
(if meet threshold)
or more.
(b) Authority
The Planning Commission is authorized to
review and approve, approve with conditions, Submit
or deny a Major Site Plan. Application
(c) Procedures
1. Submission and Review of
Application Determination of
The procedures and requirements for Completeness
submission and review of a Major
Site Plan are established in Section
2-200, Common Procedures. Staff Review/
Report
2. Review and Action by Planning
Commission
After receipt of a Staff Report on a
Major Site Plan application from the Planning
Commission
Development Services Director, the
Decision
Planning Commission shall review
and consider the application, the Major Site Plan
relevant support materials, the Staff
Report, and any comments given at
the meeting. The Planning Commission shall approve, approve
with conditions, or deny the application based on the standards in
(6) Site Plan Standards

A Site Plan shall be approved only upon a finding the applicant demonstrates all of
the following standards are met:
(a) Use Allowed in Zone District

The use is allowed in the zone district in accordance with Table 4-100(B),
Table of Allowed Uses.
(b) Zone District Use-Specific Standards

The development and uses in the Site Plan comply with Section 4-300,
Use-Specific Standards.
(c) Development and Design Standards

The development proposed in the Site Plan and its general layout and
design comply with all appropriate standards in Article 6: Development and
Design Standards.
(d) Subdivision Standards

design comply with all appropriate standards in Article 7: Subdivision
Standards.
Subsection Article 2:2-300(I): Subdivision

In approving a Site Plan, the Planning Commission or the Development Services
Director (whichever approved the Site Plan), may impose appropriate conditions
on the permit approval in accordance with Section 2-200(O), Conditions of
Approval.
(8) Expiration
(a) General
The Planning Commission or Development Services Director (whichever
approved the Site Plan) may prescribe a time limit within which
development activity shall begin or be completed, or both. Failure to begin
and/or complete such development within the time specified shall void the
Site Plan. Unless specified by the Planning Commission or the
Development Services Director (whichever approved the Site Plan), a Site
Plan approval shall automatically expire at the end of twelve (12) months
after the date of its issuance if a Building Permit for at least one (1)
building in the development proposed in the Site Plan is not approved. A
change in ownership of the land does not affect this time frame.
(b) Extension
good cause, the Planning Commission or the Development Services
Director (whichever approved the Site Plan) may grant one (1) extension
not to exceed six (6) months. The approval shall be deemed extended
until the Planning Commission or the Development Services Director
(whichever approved the Site Plan) has acted upon the request for
extension. Failure to submit an application for an extension within the time
limits established by this section shall render the Site Plan void.
(9) Amendments
A Site Plan may be amended, extended, or modified only in accordance with the
procedures and standards established for its original approval.
2-300(I) Subdivision
(1) Purpose
The purpose of this section and Article 7: Subdivision Standards, are to promote
the health, safety, morals, convenience, order, prosperity and welfare of the
present and future inhabitants of the City by:
(a) Orderly Growth and Development

Providing for the orderly growth and development of the City.
(b) Coordinating Streets and Roads with City’s Planned Street System
and Other Public Facilities
Coordinating streets and roads within proposed subdivisions with the
City’s planned street system, and with other public facilities.
(c) Right-of-Way for Streets and Utilities

Providing right-of-way easements for streets and utilities.
(d) Avoiding Congestion and Overcrowding

Avoiding congestion and overcrowding, and encouraging the proper
arrangement of streets in relation to existing or planned streets.
(e) Open Space and Recreation Facilities

Ensuring there is adequate open space and recreation facilities to serve
development.
(f) Proper Land Records

Ensuring there is proper recordation of landownership records.
(g) Protect Health, Safety, and Welfare

Ensuring the provision of such other matters as the City Council may
deem necessary in order to protect the general health, safety, and welfare
of the City.
(2) Applicability
(a) General
2-300(I)(3), Exemptions, is required to have land subdivided in accordance
with the procedures and standards of this section prior to the transfer of
title or sale of any lots, or the issuance of a building permit for
development.
1. The division of land into two (2) or more lots, building sites, or
other divisions for the purpose of immediate or future sale, lease,
or building development;
2. All divisions of land involving a new street or change in existing

streets;
3. Re-subdivision involving the further division or relocation of lot

lines of any lot or lots within an already approved subdivision; and
4. The combination or consolidation of lots of record.
(b) Overview of Development Permits Required

Every subdivision of land is classified as either (1) a Minor Subdivision, or
(2) a Major Subdivision. A Minor Subdivision or Final Plat for Subdivision
shall be approved for any subdivision prior to the transfer of title or sale of
any lots for the land subject to subdivision.
(3) Exemptions
The following development shall be exempt from the requirements of this section:
(a) Combination or Recombination of Previously Platted Lots

The combination or recombination of portions of previously platted lots
where the total number of lots is not increased, and where the
Development Services Director determines there are no significant
changes to or encroachment upon the public street systems required, and
where the lot sizes comply with the standards set forth in the zone district
where the land is located.
(b) Land For Widening or Opening Streets

The public acquisition by purchase of strips of land for the widening or
opening of new streets.
(c) Partition of Land by Court

The partition of land by Court decree.
(4) Minor Subdivision

(a) General Pre-Application
The minor subdivision procedure shall be Conference
(optional)
utilized for the subdivision of land into fewer
than four (4) lots when:
1. No New Streets, Alleys, or Other

Public Ways Submit
No new streets, alleys, or other public Application
ways are created.
2. No Changes to Existing Streets,

Alleys, or Other Public Ways Determination of
No changes are made to the existing Completeness
rights-of-way of any streets, alleys, or
other public ways.
Development
3. No New Utilities Services Director
No new utilities are required to serve Decision
the subdivided land.
4. Complies with Article 7: Subdivision Minor

Standards Subdivision
The division of land complies with the
standards of Article 7: Subdivision
Standards.
5. No Flag Lots in Residential Zone District

No flag lot is created in a residential district that is inconsistent
with existing development patterns.
6. Lots Have Direct Access to Public Street

The lots have direct access onto a public street that has been
accepted for maintenance by the appropriate agency.
(b) Procedure
1. Initial Submission of Application and Staff Review
The procedures and requirements for submission and review of an
application are established in Section 2-200, Common
Procedures.
2. Review and Action by Development Services Director

on the application for Minor Subdivision in accordance with
Section 2-200(M), Review by Development Services Director.
(c) Standards
A Minor Subdivision shall be approved on a finding the application
complies with the standards in Article 7: Subdivision Standards, all other
relevant provisions of this Ordinance, and all other relevant City
ordinances and regulations.
(d) Recordation
The subdivider shall file an approved Plat for Minor Subdivision with the
York County Clerk of Court for recording within ten (10) days after the date
of approval or the approved plat shall expire.
(e) Amendments
A Plat for Minor Subdivision may be amended, extended, or modified only
in accordance with the procedures and standards established for its
original approval.
(f) Successive Applications

Any subsequent subdivision of land already subject to a Minor Subdivision
approval shall be in accordance with Section
2-300(I)(5), Major Subdivision.
Pre-Application
(5) Major Subdivision Conference
(a) Applicability (if meet threshold)
The standards and procedures of this
subsection shall apply to all subdivision of
land not exempted in accordance with
Section 2-300(I)(3), Exemptions, or
Submit
considered a Minor Subdivision in Application
accordance with Section 2-300(I)(4), Minor
Subdivisions.
(b) Preliminary Plat Determination of

1. General Completeness
A Preliminary Plat for Subdivision
establishes the general layout and
design for the subdivision. Upon the
Staff
approval of a Preliminary Plat for Review/
Subdivision, detailed plans for street Report
construction, utility line installations,
and similar approvals shall be
included in Detailed Construction
Plans (Section 2-300(I)(5)(c)), and Planning
then on an Intermediate Field Survey Commission
Decision
Plat (Section 2-300(I)(5)(d)). Once
an Intermediate Field Survey Plat is
approved, construction can begin.
Building Permits may not be issued Preliminary
before approval of a Final Plat for Subdivision Plat
Subdivision.
2. Application Review
application for a Preliminary Plat for Subdivision are established in
Section 2-200, Common Procedures.
3. Review and Action by Planning Commission

The Development Services Director shall refer the Staff Report on
the Preliminary Plat for Subdivision to the Planning Commission
on the date the application is being considered at a regularly
scheduled meeting. At the meeting, the Planning Commission
shall consider the application, the relevant support materials, the
Staff Report, and any comments given during the meeting. During
the meeting, the Planning Commission shall approve, approve
with conditions, or deny the Preliminary Plat for Subdivision based
on the standards in Section 2-300(I)(5)(b)(4), Preliminary Plat
Standards. The Planning Commission shall act on the application
for Preliminary Plat for Subdivision within sixty (60) days of the
application’s referral from the Development Services Director
(unless a longer review period is agreed upon between the
Planning Commission and subdivider).
4. Preliminary Plat for Subdivision Standards

A Preliminary Plat for Subdivision shall be approved upon a finding
the application complies with the standards in Article 7:
Subdivision Standards, all other relevant provisions of this
Ordinance, and all other relevant City ordinances and regulations.
5. Conditions
In approving a Preliminary Plat for Subdivision, the Planning
Commission may impose appropriate conditions on the permit
approval in accordance with Section 2-200(O), Conditions of
Approval.
6. Effect of Approval
Approval of a Preliminary Plat for Subdivision shall constitute
approval of the development with the general lot shapes and
alignments of streets identified on the Preliminary Plat. Approval
of a Preliminary Plat for Subdivision allows the subdivider to
proceed to the Detailed Construction Plan and Intermediate Field
Survey Plat phases of subdivision approval (see Section 2-
300(I)(5)(c) and (d)). Approval of a Preliminary Plat for
Subdivision allows the subdivider to apply for a Grading Permit
(Section 2-300(K)) necessary for construction of streets and public
utilities. Approval of a Preliminary Plat for Subdivision does not
constitute approval of a Final Plat for Subdivision. The Preliminary
Plat for Subdivision shall run with the land.
7. Expiration
a. The approval of a Preliminary Plat for Subdivision shall
expire at the end of twelve (12) months from the date
approval was granted by the Planning Commission unless
the applicant has:
i. Received approval of Detailed Construction Plans

for a portion of the Preliminary Plat;
ii. Received approval of an Intermediate Field

Survey Plat for a portion of the Preliminary Plat;
and
iii. Begun construction of all or a portion of the

required public improvements.
b. In the event a Final Plat for Subdivision for all or a portion

of the Preliminary Plat for Subdivision is not applied for
within five (5) years of the original approval date of the
Preliminary Plat for Subdivision, the City may require that

the Preliminary Plat, Detailed Construction Plans, and
Intermediate Field Survey Plat be amended and updated
to comply with all standards in effect at the time of its re-
review.
8. Extension
Upon written application submitted at least thirty (30) days prior to
the expiration of the permit by the applicant and upon a showing of
good cause, the Planning Commission may grant one (1)
extension not to exceed six (6) months. The approval shall be
deemed extended until the Planning Commission has acted upon
the request for extension. Failure to submit an application for an
extension within the time limits established by this section shall
render the Preliminary Plat for Subdivision void.
9. Amendment
A Preliminary Plat for Subdivision may be amended, extended, or
modified only in accordance with the procedures and standards
(c) Detailed Construction Plans

1. General
Within twelve (12) months of the approval of the Preliminary Plat
for Subdivision, Detailed Construction Plans shall be approved in
accordance with this section. Detailed Construction Plans are
engineered drawings depicting the precise design, location, and
profile of all public facilities proposed for development of the
subdivision, including, but not limited to streets, street markings,
street signs, sidewalks, public pedestrian pathways or trails,
potable water lines, sanitary sewer lines, public utility meter
locations, storm drains, fire suppression systems, and locations of
conduit crossings for private utilities.

application for Detailed Construction Plans are established in

on the Detailed Construction Plans in accordance with Section 2-
200(M), Review by Development Services Director.
4. Detailed Construction Plan Standards

Detailed Construction Plans shall be in substantial conformance
with the approved Preliminary Plat for Subdivision (Section 2-
300(I)(5)(b)), the standards in Article 7: Subdivision Standards,
and City Construction Standards.
Approval of Detailed Construction Plans allows a subdivider to
proceed with preparation of an Intermediate Field Survey Plat (see
Section 2-300(I)(5)(d)). An application for approval of an
Intermediate Field Survey Plat may be submitted concurrently with
Detailed Construction Plans, but may not be approved prior to

approval of Detailed Construction Plans.
6. Amendment
Detailed Construction Plans may be amended, extended, or
(d) Intermediate Field Survey Plat

1. General
Within twelve (12) months of the approval of a Preliminary Plat,
and after or concurrent with approval of Detailed Construction
Plans, a subdivider shall submit an application for an Intermediate
Field Survey Plat. The Intermediate Field Survey Plat is not the
recorded Final Plat for Subdivision. The subdivider shall receive
approval of a Final Plat for Subdivision prior to the conveyance or
sale of lots, or the issuance of Building Permits for structures on
lots. The Intermediate Field Survey
Plat is based on an actual field survey
Submit
of all street rights-of-way with the front Application
property corners of each lot staked.
Once the Intermediate Field Survey
Plat is approved in accordance with
this section, no changes shall be made Determination of
to the plat or in the field, except as an Completeness
amendment. Upon approval of an
Intermediate Field Survey Plat, the
subdivider may begin construction of Staff Review/
the public facility improvements Report
approved as part of the Detailed
Construction Plans.
2. Initial Submission of Application and Development

Staff Review Services Director
The procedures and requirements for Decision
application for an Intermediate Field Intermediate Field
Survey Plat are established in Section Survey Plat or Plan
2-200, Common Procedures. An
Intermediate Field Survey Plat may be submitted for review
concurrently with the Detailed Construction Drawings.

on the application for an Intermediate Field Survey Plat in
accordance with Section 2-200(M), Review by Development
Services Director.
4. Intermediate Field Survey Plat Standards

The Intermediate Field Survey Plat shall be approved upon a
finding the application complies with the standards in Article 7:
Subdivision Standards, is in substantial conformance with the
Preliminary Plat for Subdivision and the appropriate Detailed
Construction Plans, and complies with all other relevant provisions
of this Ordinance, and all other relevant City ordinances and

regulations.
Approval of an Intermediate Field Survey Plat allows the
subdivider to construct the required public improvements and
utilities in accordance with the Detailed Construction Plans, Article
7: Subdivision Standards, and any other relevant requirements of
this Ordinance.
6. Amendment
An Intermediate Field Survey Plat may be amended, extended, or
(e) Inspection of Public Improvements

1. Following approval of a Grading Permit (see Section 2-300(K)),
the subdivider may construct and install all required public
improvements in accordance with the Detailed Construction Plans
and Intermediate Field Survey Plat. Following construction, the
subdivider shall submit a request for inspection of public
improvements to the Public Services Director.
2. The Public Services Director shall have sixty (60) days after the
request for inspection to inspect and certify the public
improvements as being constructed in accordance with the
requirements of this Ordinance or to provide the subdivider with a
list specifying all defects, deficiencies, and required repairs.
3. When all required public improvements have been approved by

the Public Services Director, the subdivider may apply for a Final
Plat for Subdivision.
4. Deferral of Sidewalk Installation

In cases where the subdivision is proposed for single-family
detached development, the installation of sidewalks may be
deferred for a period of time not to exceed one (1) year from the
date of Final Plat for Subdivision approval, provided:
a. The subdivider provides the City with cash in escrow or a

letter of credit in accordance with Section 7-100(D),
Improvement Guarantees for Public Improvements;
b. The Final Plat for Subdivision includes a statement of

bonding in accordance with Section 7-100(D)(5),
Statement of Guarantee; and
c. A four- (4) inch sidewalk section is used in accordance

with Appendix 7-A when deferred installation is approved.
5. Warranty Period Following Passing Inspection

a. Following approval of required public improvements
(including street pavement, curb and gutter, and
sidewalks) in accordance with this section, a two- (2) year
warranty period begins, during which time the subdivider
shall provide routine maintenance of the public

improvements. Following the warranty period, the
subdivider shall request a final inspection of the
improvements by the Public Services Director, who shall
have sixty (60) days to complete the final inspection.
b. When the public improvements pass final inspection, the

City shall accept full maintenance responsibility and shall
release any remaining public improvement guarantees.
For the purposes of this section, passing of the final
inspection shall be considered as acceptance of the public
improvements.
c. The installation of required public improvements shall in

no case bind the city to accept any such improvements for
public maintenance or operation thereof, until the Public
Services Director has accepted the improvements in
accordance with the standards in this Ordinance.
(f) Final Plat for Subdivision

1. General
After approval of an Intermediate Field Survey Plat and
construction of the required public improvements in conformance
with the relevant Detailed Construction Plans, or posting of a letter
of credit or cash in-lieu of completion of the public improvements
in accordance with Section 7-100(D), Improvement Guarantees for
Public Improvements, the subdivider shall prepare a Final Plat for
Subdivision for review in accordance with this section.

application for Final Plat for Subdivision are established in Section
3. Action by Development Services

Director
Submit
The Development Services Director
Application
shall review and take action on the
application for Final Plat for Subdivision
in accordance with the procedures and
requirements of Section 2-200(M),
Determination of
Review by Development Services Completeness
Director.
4. Final Plat Standards Staff Review/

The Final Plat for Subdivision shall: Report
a. Comply with the standards

contained in Article 7:
Subdivision Standards, Development
Services Director
b. Be in substantial conformance Decision
with the Preliminary Plat for
Subdivision, the Detailed Final Subdivision
Plat
Construction Plans, and the Intermediate Field Survey

Plat;
c. Be consistent with all other relevant provisions of this

Ordinance;
d. Be consistent with all other relevant City ordinances and

regulations;
e. Indicate the installation of required public improvements in

accordance with the approved Detailed Construction
Plans (Section 2-300(I)(5)(c)); and
f. Include the following certificates, which shall be signed by

the subdivider and the Development Services Director:
Certificate of Accuracy (Appendix 2-A); Certificate of
Ownership and Dedication (Appendix 2-B); Certification of
Approval of the Installation and Construction of Street,
Utilities, and Other Required Improvements (Appendix 2-
C); Certification of Approval of Compliance with the
Stormwater Management and Sediment Control Act of
1991 (Appendix 2-D); and Certificate of Approval of
Recording (Appendix 2-E).
5. Recordation
The Subdivider shall file the approved Final Plat for Subdivision
with the York County Clerk of Courts for recording within ten (10)
days after the date of approval of the Final Plat for Subdivision or
the Final Plat for Subdivision shall expire.
6. Completion of Required Public Improvements Prior to Issuance of

Building Permits
Except for sidewalks deferred in accordance with Section 2-
300(I)(5)(e)(4), all public improvements shall be completed,
inspected, and approved in accordance with Section 2-
300(I)(5)(e), Inspection of Public Improvements, prior to the
issuance of the first Building Permit for development within the
subdivision.
7. Effect of Final Plat

The approval of a Final Plat for Subdivision shall not be deemed to
constitute or effect the acceptance by the City of the dedication of
any street, public utility line, or other public facility shown on the
plat. Upon satisfactory completion of the two- (2) year warranty
period (see Section 2-300(I)(5)(e)(5)), streets, utility lines, and
other public improvements shall be accepted by the City.
However, the City may by resolution accept any dedication made
to the public of lands or facilities for streets, parks, or public utility
lines. The City has no obligation to open any street even after
acceptance of dedication.
8. Amendment
Final plats may be amended or modified only in accordance with
the procedures and standards established for its original approval,
Subsection Article 2:2-300(J): Stormwater Management and Sediment Control Plan
subject to the standards in Section 1-

1000, Vested Rights to Develop Pre-Application
Property. Conference
(if meet threshold)
(g) Conservation Subdivision

1. General
A Conservation Subdivision may be Neighborhood
approved if it complies with the Meeting
procedures of this section and the (optional)
standards of Section 7-200,
Conservation Subdivision.
2. Procedure Submit
The procedures and requirements for Application
review of a Conservation Subdivision
shall be the same as those for a
Determination of
(Section 2-300(I)(5)(b)), and once
Completeness
approved, it shall be considered to
have received approval of a
Preliminary Plat for Subdivision, in
addition to approval as a Staff
Conservation Subdivision. A Review/
Conservation Subdivision shall be Report
subject to all the other requirements
of subdivision, and shall be required
to receive approval of Detailed Planning
Construction Plans (Section 2- Commission
300(I)(5)(c)), an Intermediate Field Decision
Survey Plat (Section 2-300(I)(5)(d)),
and Final Plat for Subdivision
(Section 2-300(I)(5)(f)). Conservation
Subdivision
3. Conservation Subdivision Standards
In addition to complying with the
standards for the approval of subdivision, a Conservation
Subdivision shall comply with the standards in Section 7-200,
2-300(J) Stormwater Management and Sediment Control Plan
(1) Purpose and Intent

This section is intended to provide the standards, approval criteria, and procedures
for addressing the installation and proper maintenance of on-site stormwater
management and sediment control devices and activities associated with land
disturbing activities subject to this Ordinance. This section is not intended for
application to stormwater management actions that are outside the scope of this
Ordinance and subject to the provisions in the City Code of Ordinances. The
purpose of this section is to protect for posterity the natural assets and resources
of Rock Hill and the general health, safety, and welfare of the people of Rock Hill,
South Carolina by requiring a Stormwater Management and Sediment Control
Plan, and to:
(a) Protect the land and waters from the adverse effects of excessive soil
erosion, sedimentation and storm water through good and responsible
development;
(b) Prevent the erosion of soils, sedimentation of streams, and silting of lakes;
(c) Provide unobstructed and sanitary channels for storm water runoff;
(d) Control storm water runoff from developing areas;
(e) Eliminate the encroachment of uses incompatible with natural drainage

channels;
(f) Enhance the water quality of surface and groundwater and promote
groundwater recharge;
(g) Prevent pollution of watersheds, streams and natural drainage channels;
(h) Reduce the damage potential of flood water and protect properties near
land disturbing activities;
(i) Conserve and protect the City’s natural and scenic resources for future
generations to enjoy;
(j) Achieve the following objectives:
1. Protect human life and health;

2. Minimize public and private property damage resulting from
erosion, sedimentation, and flooding;
3. Regulate development, which may, when acting alone or in
combination with similar development, create a demand for public
investment in flood-control works, by requiring protection against
flood damage at the time of initial construction and afterwards;
4. Insure, as far as possible, and efficient drainage system that will
not result in excessive public or private moneys being used for
maintenance and replacement of portions of the system;
5. Insure that the design of the drainage system will be consistent
with good engineering practices and design;
6. Provide temporary and permanent erosion and sediment control
measures to protect individuals occupying land adjacent to and
downstream from proposed developments from being damaged by
sediment originating from within or because of the proposed
development;
7. Provide for development of area with minimum adverse effects to
the natural environment;
8. Encourage wise use of the City’s economic and fiscal resources;
9. Utilize on-site storage or other structural measures before using
existing channel capacity for flood flows;
10. Utilize appropriate public open spaces for both open space uses
(parks, recreational use, etc.) and the temporary storage of
excessive storm water;
11. Keep the drainage system as natural and aesthetically pleasing as
possible;
12. Promote a comprehensive approach to the control of nuisance
flooding and storm water runoff;
13. Minimize the need for rescue and relief efforts associated with
flooding generally undertaken at the expense of the general
public;
14. Minimize prolonged business interruptions;
15. Minimize damage to public facilities and utilities such as water and
gas mains, electric, telephone and sewer lines, and streets and
bridges; and
(k) Establish procedures through which these purposes can be fulfilled.
(2) Applicability
Unless exempted by Section 2-300(J)(3), Exemptions, the standards in this section
shall apply to all land disturbing activities that are subject to the standards in this
Ordinance.
(3) Exemptions
The following activities are exempt from the requirement to obtain a Stormwater
Management and Sediment Control Plan:
(a) Land disturbing activities on agricultural land for production of plants and
animals useful to man;
(b) Land disturbing activities undertaken on forest land for the production and
harvesting of timber and timber products (harvesting of timber prior to
obtaining a Land Development Permit is not permitted);
(c) Activities undertaken by persons who are otherwise regulated by the

provisions of Chapter 20, Title 14, of The South Carolina Mining Act;
(d) Land disturbing activities, other that activities identified in (e) below, that
are conducted under another state or federal environmental permitting,
licensing, or certification program where the state or federal environmental
permit, license, or certification is conditioned on compliance with the
minimum standards and criteria developed under this Ordinance;
(e) Any of the following land disturbing activities, if undertaken by any person
that provides gas, electrification, or communications services, subject to
the jurisdiction of the South Carolina Public Service Commission, or
corporations organized and operating pursuant to State Law Section 33-
49-10 et seq.:
1. Land disturbing activities conducted pursuant to a certificate of

environmental compatibility and public convenience and necessity
issued pursuant to Title 58, Chapter 33, of the South Carolina
Code, or land disturbing activities conducted pursuant to any other
certification or authorization issued by the Public Service

Commission;
2. Land disturbing activities conducted pursuant to a federal

environmental permit, including Section 404 of the Federal Clean
Water Act, and including permits issued by the Federal Energy
Regulatory Commission;
3. Land disturbing activities associated with emergency maintenance

or construction of electric, gas, or communications facilities, when
necessary to restore service or when the Governor declares the
area to have sustained a disaster and the actions are undertaken
to protect the public from a threat to health or safety;
4. Land disturbing activities associated with routine maintenance

and/or repair of electrical, gas, or communications lines;
5. Land disturbing activities associated with the placement of poles

for overhead distribution or transmission of electric energy or of
communications services;
6. Land disturbing activities associated with placement of

underground lines for distribution or transmission of electric energy
or of gas or communications services;
7. Land disturbing activities conducted by a person filing

environmental reports, assessments or impact statements with the
United States Department of Agriculture, Rural Electrification
Administration in regard to a projects;
(f) Activities relating to the routine maintenance and/or repair or rebuilding of

the tracks, right-of-way, bridges, communication facilities and other related
structures and facilities of a railroad company;
(g) Activities undertaken on state-owned or managed lands that are otherwise

regulated by the provisions of Chapter 18 of the South Carolina Erosion
and Sediment Reduction Act;
(h) Construction of a pond, lake or reservoir which is singly built and not part
of a permitted land disturbing activity, in accordance with the following:
1. A storm water management and sediment control plan will not be

required if the pond, lake, or reservoir is permitted under the SC
Dams and Reservoirs Safety Act or has received a Certificate of
Exemption from the SC Dams and Reservoirs Safety Act provided
best management practices are used to minimize the impact of
erosion and sediment;
2. Land disturbing activities for ponds, lakes, and reservoirs which do

not have a permit under the SC Dams and Reservoirs Safety Act
shall submit a storm water management and sediment control plan
prior to beginning the land disturbing activity if the activity
otherwise meets the size requirements for storm water
management and sediment control plan approval; and
(i) Minor land disturbing activities that would not violate the integrity of this
section, as determined by the Development Services Director.
(4) Relationship Between Stormwater Management and Sediment Control Plan,

Grading Permit, and Disturbance of Land
(a) Unless otherwise provided within this ordinance, the surface of land in the
City shall not be disturbed or altered for any purpose whatsoever, except
in accordance with a Stormwater Management and Sediment Control Plan
approved in accordance with the standards in this Ordinance.
(b) The applicant shall agree in writing to carry out the approved Plan,
indemnify any person damaged by failure to comply therewith and allow
the Approving or Enforcement Authorities to enter upon the project site.
(c) After the plan is approved, a Grading Permit may be issued by the City in
accordance with the standards in Section 2-300(K), Grading Permit.
(5) Existing Disturbed Areas

(a) All disturbed areas greater than one (1) acre in the City existing on April 1,
2003 which resulted from land disturbing activities not exempted by this
Ordinance, that are subject to continued accelerated erosion and/or
sediment shall be provided with ground cover or other protective
measures, structures, or devices sufficient to control the accelerated
erosion and sedimentation.
(b) The Development Services Director shall serve notice by certified mail,
return receipt requested to the respective landowner specifically stating
deficiencies. This notice shall require that corrective action, including a
schedule for that corrective action, be submitted by the landowner within
thirty (30) days of receipt of the notice. The response may be in form of a
letter or plan, and it should provide the following information:
1. The location where the measures are to be installed; and
2. The date by which the measures are to be installed.
(c) Should the landowner fail to comply with the requirements of the notice
and specified corrective action, the landowner shall be subject to penalties
as set for in Article 9: Enforcement.
(6) Procedure
(a) Written Statement of Financial Responsibility
All Stormwater Management and Sediment Control Plan applications shall
be accompanied by a written statement of financial responsibility and
ownership. This statement shall be signed by the applicant or authorized
agent. The statement shall include the mailing and street addresses of the
principal place of business of the person financially responsible and the
owner of the land or their registered agents. The statement shall certify
that the land disturbing activity will be accomplished pursuant to the
approved plan and that responsible personnel will be assigned to the
project. The statement shall also certify that City officials have the
authority to conduct onsite inspections both before and after approval of
the plan.
(b) Approval of Application

1. Upon submittal of the completed Grading Permit Application and
accompanying documents, the Stormwater Management and
Sediment Control Plan will be placed in queue for review. If, after
review, the plan conforms to the requirements of this Ordinance,
the Development Services Director shall approve the plan.
2. The plan is not to be considered approved without the inclusion of

an approval stamp, signed, and dated by the Development
Services Director. The stamp is solely an acknowledgment of
satisfactory compliance with the requirements of these standards.
The approval stamp does not constitute a representation or
warranty to the applicant or to any other person concerning the
safety, appropriateness or effectiveness of any provision, or
omission from the Stormwater Management and Sediment Control
Plan.
3. Following approval of a Stormwater Management and Sediment

Control Plan, a Grading Permit may be issued to the applicant
unless there are violations of other city ordinances on the site, or
unless the project has not yet received preliminary subdivision plat
approval. A copy of the approved Stormwater Management and
Sediment Control Plan should be reasonably available to the job
site and the issued Grading Permit shall be posted at the job site
in a conspicuous place.
4. Approvals of plans approved prior to July 1, 2003 shall remain in

effect for the original terms of the approval. If the term expires
before the land disturbing activities are initiated, the applicant shall
resubmit the Stormwater Management and Sediment Control Plan
for review in accordance with the requirements in this section.
(c) Timing of Review

1. Type A Development
Review of any plans or revised plan for Type A (Single Residential
lots and minor subdivisions) shall be completed within five (5)
business days from the date of receipt of the complete application.
If at the end of five (5) business days a decision or conditional
decision has not been reached, the applicant shall be issued a
Grading Permit.
2. Type B Development Less than Five Acres

Review of any plan or revised plan less than five (5) acres for
Type B (Commercial/Industrial/Major Residential Subdivision) use
shall be completed within ten (10) business days from the date of
submittal. If at the end of the (10) business days a decision or
conditional decision has not been reached, the applicant shall be
issued a Grading Permit.
3. Type B Development of Five Acres or More

Review of any plan or revised plan for five (5) acres or greater of
shall be completed within twenty (20) business days from the date
of receipt of the complete application. If at the end of twenty (20)
business days a decision or conditional decision has not been

reached, the applicant shall be issued a Grading Permit.
(d) Other Required Authorizations

The applicant is responsible for any authorization, permit, bonds, or other
securities as required by applicable Federal, State, or local laws,
regulations or ordinances for any part of the proposed work to be done
under the plan.
(e) Application to Phased Projects

A Stormwater Management and Sediment Control Plan shall be filed for a
residential development and the buildings constructed within, regardless of
the phasing of construction.
1. In applying the Stormwater Management and Sediment Control

criteria, individual lots in a residential subdivision development
shall not be considered to be separate land disturbing activity
projects and shall not require individual permits. Instead, the
residential subdivision development, as a whole, shall be
considered to be a single land disturbing activity project.
Hydrologic parameters that reflect the ultimate subdivision
development shall be used in all engineering calculations.
2. If individual lots or sections in a residential subdivision are being

developed by different property owners, all land-disturbing
activities related to the residential subdivision shall be covered by
an approved Stormwater Management and Sediment Control
Plan. Individual lot owners or developers may sign a certificate of
compliance that all activities on that lot will be carried out in
accordance with the approved Stormwater Management and
Sediment Control Plan for the residential subdivision. Failure to
provide this certification will result in owners or developers of
individual lots developing a Stormwater Management and
Sediment Control Plan meeting the requirements of this ordinance.
(f) As Built Plans

The person responsible for the land disturbing activity shall, if required by
the City during the plan approval process, submit as-built or record plans.
In addition, the person responsible for the land disturbing activity shall be
required to submit written certification from the professional preparing the
plans that the land disturbing activity was accomplished according to the
approved Stormwater Management and Sediment Control Plan or
approved changes. Failure to do so shall constitute a violation of this
Ordinance.
(g) Denial of Application

If the Development Services Director denies a Stormwater Management
and Sediment Control Plan after the review of the application, he shall
send written notification to the applicant indication the reason or reasons
for denial within five (5) business days after the review. The applicant may
resubmit revised plans with no additional fee being required.
(h) Revocation of Grading Permit

Grading Permits may be revoked if the person conducting the land
disturbing activity does not follow the approved Stormwater Management
and Sediment Control Plan.
(i) Extension
If the applicant is unable to complete the work within the time specified by
the approved Stormwater Management and Sediment Control Plan, he
shall be granted one (1) extension by presenting a written request for an
extension to the Development Services Director prior to the expiration of
such time frame specified.
(j) Responsibility of Applicant

During any land disturbance operation, the applicant shall be responsible
for carrying out the proposed work in accordance with the Grading Permit,
approved Stormwater Management and Sediment Control Plan
specifications, time schedule, and in compliance with all the requirements
of this Ordinance.
(k) Maintenance
The person responsible for maintenance shall perform or cause to be
performed preventive maintenance of all completed stormwater
management practices to ensure proper functioning. The responsible
inspection agency shall ensure preventive maintenance through inspection
of all stormwater management practices.
(7) Standards
Stormwater Management and Sediment Control Plans shall include appropriate
measures and practices for Stormwater Management and Sediment Control,
installed in a timely sequence during the land disturbing activity process, and
maintained to insure their proper functioning. Plans shall be in accordance with
the standards in Section 6-500(D), Stormwater Management and Sediment
Control, and the following:
(a) Determine the general soil suitability of the proposed land use;
(b) Identify areas which are subject to severe erosion, and off-site areas which
are especially vulnerable to damage from erosion and/or sedimentation;
(c) Identify and evaluate potential erosion, sediment and storm water
problems, and select appropriate control measures;
(d) Expose the smallest practical area of land for the least possible time
during land disturbing activity.
(e) Retain and protect natural vegetation when feasible;
(f) Place emphasis on conservation of existing on-site soil;
(g) Save topsoil, where practical, for replacing on graded areas;
(h) Use temporary vegetation cover, geotextiles, mulching, grassed or

surfaced waterways and outlets, straw and silt traps, to control runoff,
protect areas subject to erosion and remove heavy sediment loads from
runoff;
(i) Provide for the management of increased runoff caused by changed soil
conditions and surface conditions (including the use of diversion ditches,
detention and retention basins, enlarged and protected drainage channels,
grade control structures, and effective use of street gutters and storm
sewers);
(j) Install permanent vegetative cover and other long-term measures as soon
as practical in the construction process;
(k) Land-disturbing activity in connection with construction adjacent to, over,

or under a lake or natural watercourse shall be planned and conducted in
such a manner so as minimize the extent and duration of disturbance of
the stream channel;
(l) The relocation of a stream, where relocation is an essential part of the

proposed activity, shall be planned and executed so as to minimize
changes in the stream flow characteristics, except when justification for
significant alteration to flow characteristic is provided;
(m) In cases where the land-disturbing activity is also conducting borrow or

waste disposal activity, areas from which borrow is obtained and waste
areas for surplus materials other than landfills regulated by the South
Carolina Department of Health and Environmental Control, shall be
considered as part of the land-disturbing activity subject to these
standards;
(n) Land-disturbing activity within a Riparian Buffer (see Section 6-500(A))

shall be prohibited unless allowed by Section 6-500(A)(4), Riparian Buffer
Exemptions;
(o) When channel velocity is calculated to exceed sufficient stability for the
channel cross section and grade, riprap, bituminous or other lined open
channels shall be substituted for grassed channels; and
(p) In addition to functional purposes, utilize natural streams or improved open

channels for landscaping, environmental, architectural, or aesthetic
purposes.
(8) Waiver from Stormwater Management and Sediment Control Plan

Requirement
The Development Services Director may grant waivers from the requirements of
this section for individual land disturbing activities in accordance with the following
standards:
(a) Written Request Required

1. Any requests for waivers from the standards in this section shall
be made in writing, and shall contain descriptions, drawings, and
any other information that is necessary to evaluate the proposed
land disturbing activity.
2. A separate written waiver request shall be required if there are

subsequent additions, extensions, or modifications which would
alter the approved storm water runoff characteristics to a land
disturbing activity receiving a waiver.
(b) Types of Waivers

1. A project may be eligible for a waiver of storm water management
for both quantitative and qualitative controls if the applicant can
demonstrate that the proposed project will return the disturbed
area to a pre-development runoff condition and the pre-
development land use is unchanged at the conclusion of the
project.

for water quantity control if the applicant can demonstrate that:
a. The proposed project will have no significant adverse

impact on the receiving natural waterway or downstream
properties; or
b. The imposition of peak control requirements for rates of

storm water runoff would aggravate downstream flooding.
(c) Procedure
1. The Development Services Director will review the request for
waiver within ten (10) business days. Failure of the Director to act
by the tenth day will result in the automatic approval of the waiver.
2. Risk analysis may be used to justify a design storm event other

than prescribed or to show that rate and volume control is
detrimental to the hydrologic response of the basin and therefore,
should not be required for a particular site.
3. A complete watershed hydrologic and hydraulic analysis must be

done using a complete model or procedure acceptable to the
Development Services Director. The level of detail data required
is as follows:
a. Watershed designation on the 7.5 minute topographic

map exploded to a minimum of one (1) inch equals four
hundred (400) feet.
b. Inclusion of design and performance data to evaluate the

effects of any structures which affect discharge.
Examples may be ponds or lakes, road crossings acting
as attenuation structures and there may be others, which
must be taken into account.
c. Land use data shall be taken from the most recent aerial
photograph and field checked and updated.
d. The water surface profile shall be plotted for the conditions

of pre and post development for the ten (10) and one
hundred (100) year – twenty-four (24) hour storm.
e. Elevations of any structure potentially damaged by

resultant flow shall also be shown.
4. Based on the results of this type of evaluation, the Development

Services Director shall review and evaluate the proposed
regulation waiver or change.
(9) Inspection and Enforcement

(a) The person responsible for the land disturbing activity shall notify the
Development Services Director before initiation of construction and upon
project completion when a final inspection will be conducted to ensure
compliance with the approved Stormwater Management and Sediment
Control Plan.
(b) The person responsible for the land disturbing activity shall, if required by
the City during plan approval process, submit “As-Built or Record
Document” plans. In addition, the person responsible for the land
disturbing activity may be required to submit written certification from the
professional engineer, landscape architect, or Tier B land surveyor
responsible for the field supervision of the land disturbing activity that the
land disturbing activity was accomplished according to the approved
Stormwater Management and Sediment Control Plan or approved
changes.
(c) The Development Services Director shall periodically inspect the sites of
land-disturbing activities for which permits have been issued to determine
whether or not such activities are being conducted in accordance with the
approved Stormwater Management and Sediment Control Plan and
whether or not the measures required by the plan are effective in
controlling erosion, sedimentation, and stormwater runoff. An inspection
report shall be filled out upon completion of each inspection that describes:
1. The date and location of the site inspection;
2. The name of the inspector;
3. Whether the approved plan has been properly implemented and

maintained;
4. Approved plan or practice deficiencies; and
5. The action taken.
(d) The Development Services Director shall provide procedures to ensure

that deficiencies indicated by inspectors are rectified. The procedures
shall include the following:
1. Notification to the person responsible for maintenance of

deficiencies, including a time frame for repairs;
2. Subsequent inspection to ensure completion of repairs; and
3. Effective enforcement procedures or procedures to refer projects

to the Development Services Director if repairs are not undertaken
or are not done properly.
(e) The following criteria shall be used by the Development Services Director
in evaluating and for correcting off-site damages resulting from the land
disturbing activity:
1. Determine the extent of damage by sediment resulting from non-

compliance with the approved Stormwater Management and
Sediment Control Plan;
2. Determine the classification of the impaired waterbody, if any;
3. Determine the impact and severity of the damage resulting from

non-compliance with the Stormwater Management and Sediment
Control Plan;
4. Develop an agreement with landowners for cleanup and

corrections, including a schedule of implementation;
5. Evaluate the alternatives for correction of the damage and

prevention of future damage;
6. Failure to implement the agreement in the required schedule will

constitute a violation of these regulations.
(f) When it is apparent that approved measures are not effective in controlling
erosion, sedimentation, and stormwater runoff, the Development Services
Director may notify the applicant so that the necessary plan revisions can
be proposed by the applicant and approved by the Development Services
Director. The notice shall include a copy of the inspection report and an
explanation of the particulars of noncompliance with the approved plan
and/or measures that are not effective in controlling erosion,
sedimentation, and stormwater runoff. The notice may also include
suggestions of measures needed to achieve compliance. It shall be the
responsibility of the person engaged in the land disturbing activity to
control erosion, sedimentation and stormwater runoff caused by said land
disturbing activity.
(g) Major changes to approved sediment and stormwater management plans,

such as the addition or deletion of a sediment basin, shall be submitted by
the owner/developer to the Development Services Director for review and
approval. Minor changes to sediment and stormwater management plans
may be made in the field inspection report. The Development Services
Director shall develop a list of allowable field modifications for use by the
inspector.
(h) If the Development Services Director determines that any person engaged
in land-disturbing activities, as defined herein, has failed to comply with the
approved plan, or the approved plan as modified, a written notice of
violation including a reasonable time schedule for compliance shall be
served upon such person by certified mail return receipt requested. If the
person engaged in the land disturbing activity fails to comply within the
time specified, such person shall be deemed in violation of this Ordinance
and subject to the provisions of Article 9: Enforcement, including, without
limitation, issuance of an immediate Stop Work Order by the Development
Services Director. Notice of a violation shall be sufficient if directed to the
Subsection Article 2:2-300(K): Grading Permit
owner, the agent of the owner or the contractor and left at his known place
of residence or of business.
(i) The City shall have the power to conduct site inspections as may
reasonably be deemed necessary to administer and enforce this
Ordinance, and for this purpose, the Development Services Director may
enter at any reasonable time upon any property, public or private, for the
purpose of investigating and inspecting the sites of land disturbing
activities. No person shall refuse entry or access to any authorized
representative or agent of the City or the State of South Carolina who
requests entry for purposes of inspection, and who presents appropriate
credentials, nor shall any person obstruct, hamper or interfere with any
such City representative or agent in the process of carrying out his official
duties.
(j) Upon completion of the land disturbing activity, a final inspection shall be
made by the Development Services Director. If the work has been
completed in accordance with the approved plan, a letter of satisfactory
completion shall be issued to the applicant.
(k) If a plan required by this Ordinance has not been submitted for approval,
the person engaged in the land disturbing activity shall be given an
immediate Stop Work Order pursuant to Article 9: Enforcement. A notice
requiring such person to apply for a Grading Permit and submit the
required plans shall also be served. The person shall conduct the
minimum work necessary to stabilize the land disturbance.
(l) Failure of the person responsible for the land disturbing activity to comply
with Department of Development Services requirements is a violation of
this Ordinance subject to the standards in Article 9: Enforcement.
(10) Appeals
Appeals of the decision of the Development Services Director on Stormwater
Management and Sediment Control Plans shall be considered in accordance with
the procedure and standards in Section 2-300(R), Appeals to ZBA from Decisions
and Interpretations of Development Services Director.
2-300(K) Grading Permit
(1) General
Grading Permits shall be reviewed and approved, approved with conditions, or
denied by the Development Services Director in accordance with an approved
Stormwater Management and Sediment Control Plan, Section 2-300(J),
Stormwater Management and Sediment Control Plan, and Section 6-500(D),
Stormwater Management and Sediment Control, as well as any relevant the
procedures and standards in the City Code of Ordinances.
(2) Grading on Sites Without a Development Permit Approval

In cases where a Grading Permit is issued for land not subject to an approved Site
Plan, Preliminary Plat for Subdivision, Building Permit, or Zoning Permit, all land
disturbing activities shall be prohibited within the Tree Protection Zone (see
Section 2-300(L), Land Development Permit).
Subsection Article 2:2-300(L): Land Development Permit
2-300(L) Land Development Permit
(1) Purpose
The purpose of this section is to limit negative impacts on adjacent lands from soil
erosion and sedimentation, and to protect existing vegetation on sites or parcels of
land subject to land disturbing activities in cases where Grading Permits (Section
2-300(K)) or other development approvals are not existing or required.
(2) Applicability
Unless exempted in accordance with Section 2-300(L)(3), Exemptions, prior to any
land disturbing activities or removal of a tree from a vacant site or parcel of land,
the owner/developer shall have a Land Development Permit approved in
accordance with the procedures and standards of this section.
(3) Exemptions
The following shall be exempt from the standards and requirements of this section:
(a) Land subject to the following permits:
1. Site Plan (Section 2-300(H));
2. Preliminary Plat for Subdivision (Section 2-300(I)(5)(b));
3. Zoning Permit (Section 2-300(O)); or
4. Building Permit.
(b) The removal of vegetation by public or private agencies within the lines of
any right-of-way, easement, or other City-owned property as may be
necessary to ensure public safety.
(c) The removal of less than one (1) acre of existing vegetation on vacant land
that is zoned RH, SF-2, SF-3, SF-4, SF-5, or SF-8. In no event shall this
exemption allow more than one (1) acre to be cleared without a Land
Development Permit. In no instance shall this provision be construed to
allow a series of sequential or incremental clearings of land that result in
an aggregate area of cleared land exceeding one (1) acre in size without
issuance of a Land Development Permit.
(d) Land disturbing activities undertaken on forest land for the production and
harvesting of timber or timber products, conducted in accordance with
South Carolina Forestry Commission requirements.
(4) Procedure
(a) Submission and Review of Application
application are established in Section 2-200, Common Procedures.
(b) Action by Development Services Director
Subsection Article 2:2-300(M): Sign Permit
The Development Services Director shall review

the application in accordance with Section 2-
Submit
200(M), Review by Development Services Application
Director.
(5) Standards
A Land Development Permit shall be approved upon Determination of
finding all the following standards are met: Completeness
(a) Minimize Potential for Erosion or

Sedimentation
Development
Land disturbing activities, including grading, Services Director
excavation, or filling, are undertaken with Decision
appropriate precautions to limit offsite impacts
from erosion or sedimentation.
Land Development
(b) Tree Protection Zone Established Permit
A Tree Protection Zone is established
consistent with the requirements in Section 6-
200(C), Retention of Existing Tree Canopy, based upon the current zone
district classification of the land.
(c) Trees Preserved and Maintained

1. All trees within the Tree Protection Zone are preserved and
maintained during and after any tree removal or land disturbing
activity.
2. In cases where an existing tree trunk is bisected by the Tree

Protection Zone boundary, that tree shall be considered to be
located within the Tree Protection Zone, and shall be maintained.
(6) Tree Damage Within a Tree Protection Zone

The accidental damage of existing trees within a designated Tree Protection Zone
shall be subject to the replacement/mitigation standards of Section 6-200(C)(3)(a),
Accidental Damage.
(7) Conversion of Tree Protection Zone

Existing trees located within a Tree Protection Zone shall be credited towards the
landscaping requirements of Section 6-300, Landscaping Standards, if the site or
parcel of land becomes the subject of a development permit application in
accordance with this Ordinance.
(8) Clearing in Violation

Failure to obtain a Land Development Permit prior to tree removal, or intentional
damage to existing trees in a Tree Protection Zone established as part of a Land
Development Permit is a violation of this Ordinance subject to the remedies in
Section 9-600(E), Remedies for Tree Removal.
2-300(M) Sign Permit
(1) Purpose
The purpose of this section is to provide a mechanism for reviewing applications
for Sign Permits to ensure all signs within the City comply with the standards of
Section 6-900, Signage.
(2) Applicability
No sign, except those exempted in accordance with Section 2-300(M)(3),
Exemptions, shall be erected, placed, constructed or structurally altered without
the sign owner having first obtained a Sign Permit from the Development Services
Director, in accordance with this section and the standards of Section 6-900,
Signage.
(3) Exemptions
The following types of signs shall be exempted from the requirements of this
section, and shall not be required to obtain a Sign Permit.
(a) Traffic Signs, Historical Markers, Warning Signs Required by

Government
Official traffic signs, historical markers, provisional warning signs or sign
structures when erected or required to be erected by a governmental
agency, and temporary signs indicating danger.
(b) Signs in Highway ROW Authorized by SCDOT

Signs authorized by the South Carolina Department of Transportation
placed on highway right-of- way.
(c) Bulletin Boards and Identification Signs

Non-illuminated bulletin boards and identification signs for public,
charitable, educational or religious institutions located on the premises, not
exceeding ten (10) square feet per side in area; one (1) per site.
(d) Temporary Non-illuminated Sign Advertising Real Estate

One (1) temporary non-illuminated sign for each street frontage,
advertising real estate for sale or lease, located on the premises, not more
than twenty (20) square feet per side in area (except for signs on the site
of a single-family dwelling, which shall not exceed six (6) square feet in
area per side).
(e) Temporary Non-illuminated Construction Signs

One (1) temporary non-illuminated sign for each street frontage, erected in
connection with new construction work and displayed on the premises
during such time as the actual construction work is in progress, not more
than twenty (20) square feet per side in area.
(f) Non-illuminated Warning Signs

Non-illuminated signs warning trespassers or announcing land as posted;
not exceeding four (4) square feet in area per sign.
(g) Signs on Vehicles Used in Normal Course of Business

Signs on a truck, bus, or other vehicle while in use in the normal course of
business. Use in a normal course of business shall mean driving the
vehicle on any street, parking the vehicle at the place of business or
overnight at the residence of the owner or an employee of the business.
(h) Mailboxes and Signs Identifying Private Residential Dwelling

Mailboxes and similarly located signs identifying a private residential
dwelling.
(i) Awning and Canopy Signs

Awning or canopy signs, provided they meet the following standards:
1. Message Area
The valance area of the awning or canopy sign may be used as a
message area and does not count towards the allowed sign
allotment. The remaining area of the awning or canopy sign shall
not be used as a sign message area. This area may contain the
use’s logo, provided it does not exceed four (4) square feet in
area. The bottom one (1) foot of the awning or canopy shall be
used for the message area for those that do not have a specific
valance area as depicted in Figure 2-300(M), Awning/Canopy
Sign. An awning or canopy sign having a message area in excess
of the amount outlined above shall be considered part of the wall
sign allotment, and the sign is required to comply with the
standards for a wall sign and will require a sign permit in
accordance with this section.
FIGURE 2-
300(M):
AWNING/C
ANOPY
SIGN
2. S
i
z
e
T
h
e
s
i
g
n
on the awning or canopy may use a one- (1) foot valance area for
message area, plus a four (4) square foot logo. Awning signs
shall be placed no lower than eight (8) feet above grade. Canopy
signs shall be placed no lower than nine (9) feet above grade, but
may have a one- (1) foot valance of flexible material hanging
below the structure. Awning and canopy signs shall extend no
closer than eighteen (18) inches from the back of the curb.
Awning and canopy signs shall be placed no higher than the
bottom of the second floor or no higher than the roof.
3. Safety
All awning and canopy signs shall be securely fastened using best
engineering practices. Signs shall not be placed where they pose
a hazard to pedestrians or to traffic. Where awning or canopy
signs extend over a public ROW, they shall comply with the
International Building Code.
4. Lighting
Lighting for canopy signs located in non-residential districts shall
be either general, internal, spot, and back. The type of lighting
allowed for canopy signs located in residential districts shall
comply with Section 6-900, Signage.
(j) Identification Signs in Business Districts

1. Building Identification Sign When Building Name Differs from
Business Name
Signs identifying the name or number of a building, if the signs are
located on the rear or sides of the building located on a parcel of
land in the Business district on which there is at least three (3) or
more buildings, and if the building name is not the name of a
business located in the building.
2. Building Identification Sign When the Business has the Same

Name as the Building
Signs identifying the name or number of a building when the
building has the same name as a business located in the building,
if the signs are located on the rear or sides of the building located
on a parcel of land in the Business district on which there is at
least three (3) or more buildings, and if the sign does not exceed
thirty (30) square feet in area.
(k) Restroom, Entrance, and Exit Signs

Signs placed on the exterior of a structure indicating the location of
restrooms, bathrooms, entrances, or exits, if they do not exceed two (2)
square feet in area.
(l) Public Health Related Signs

Signs not exceeding three (3) square feet in area (or six (6) square feet in
multi-building developments) indicating the entrance or exit from a parking
lot, potable water supply, sewage station for recreational vehicles, or other
notices related to public health or safety (the sign shall be adjacent to the
facility).
(m) Special Notice Placards

Special notice placards attached to a building or to a freestanding sign
indicating credit cards which are accepted on the premises; group
affiliations of which the business is a member, or clubs or groups which
utilize, recommend, inspect or approve the business for use by its
members, if they do not exceed two (2) square feet in area.
(n) Political, Ideological, Religious, Social, or Governmental Message

Signs
Signs conveying political, ideological, religious, social, or governmental
messages unrelated to the businesses or the goods or services connected
with them, provided the signs do not exceed thirty-two (32) square feet in
area and if they are related to or connected with political campaigns, not
maintained for longer than ninety (90) days prior to the designated election
day, and are removed within ten (10) days after the election to which they
pertain.
Subsection Article 2:2-300(N): Temporary Use Permit
(4) Procedure
(a) Submission and Review of Application Submit
Procedures.
Determination of
(b) Action by Development Services Director Completeness
and take action on the application in
accordance with the procedures and
Development
requirements of Section 2-200(M), Review by Services Director
Development Services Director. Decision
(5) Standards Sign Permit

A Sign Permit shall be approved upon a finding the
application complies with the standards of Section 6-
900, Signage.

In approving a Sign Permit, the Development Services Director may impose
appropriate conditions on the permit approval in accordance with Section 2-
200(O), Conditions of Approval.
(7) Expiration
If the work described in any Sign Permit has not begun within six (6) months from
the date of issuance, the Sign Permit shall expire and be void.
(8) Amendments
A Sign Permit may be amended, extended, or modified only in accordance with the
procedures established for its original approval.
2-300(N) Temporary Use Permit
(1) Applicability
The provisions of this section shall apply to all proposed temporary uses as set
forth in Section 4-500, Temporary Uses and Structures.
(2) Procedure
The procedures and requirements for Submit
submission and review of an application are Application
Procedures.
(b) Action by Development Services Director Determination of

The Development Services Director shall review Completeness
200(M), Review by Development Services
Director.
Development
Services Director
(3) Temporary Use Standards Decision
A Temporary Use Permit shall be approved upon a
finding the temporary use, as proposed, complies with Temporary Use
Permit
Subsection Article 2:2-300(O): Zoning Permit
the relevant standards in Section 4-500, Temporary Uses and Structures.

In approving a Temporary Use Permit, the Development Services Director may
2-200(O), Conditions of Approval.
(5) Expiration
A Temporary Use Permit shall be effective beginning on the date specified in the
permit approval, and shall remain effective for the period indicated on the permit.
(6) Amendment
A Temporary Use Permit may be amended, extended, or modified only in
approval.
2-300(O) Zoning Permit
(1) Purpose
A Zoning Permit shall be required in accordance with the provisions of this section
in order to ensure that proposed development complies with the standards of this
Ordinance, and to otherwise protect the public health, safety, and welfare of the
citizens of the City.
(2) Applicability
The requirements of this section shall apply to any development that requires a
Building Permit and any change of use.
(3) Zoning Permit Requirement

No Building Permit shall be issued or change of use occur without approval of a
Zoning Permit by the Development Services Director in accordance with this
section.
(4) Procedure

review the application in accordance with the
procedures and requirements of Section 2- Submit
Director.
(5) Zoning Permit Standards

A Zoning Permit shall be approved upon a finding the Determination of
application complies with all relevant standards of this Completeness
Ordinance.
(6) Expiration Development

(a) If a Building Permit is not issued within six (6) Services Director
months of the date of issuance of the Zoning Decision
Zoning Permit
Subsection Article 2:2-300(P): Certificate of Conformity
Permit, the Zoning Permit shall expire and be void.
(b) In cases where a Building Permit is not required, the Zoning Permit shall
expire and be void unless a Certificate of Conformity is issued within six
(6) months of the date of issuance of the Zoning Permit.
(7) Amendment
A Zoning Permit may be amended, extended, or modified only in accordance with
the procedures and standards established for its original approval.
2-300(P) Certificate of Conformity
(1) Purpose
A Certificate of Conformity shall be required in accordance with the provisions of
this section in order to ensure that proposed development complies with the
standards of this Ordinance, and to otherwise protect the public health, safety, and
welfare of the citizens of the City.
(2) Applicability
The requirements of this section shall apply to any
development in the City.
Submit
(3) Certificate of Conformity Required Application
A Certificate of Conformity shall be approved in
accordance with this section prior to physical
occupation or operation of the development.
Determination of
Completeness
(4) Initial Submission of Application
The procedures and requirements for submission and
review of an application are established in Section 2-
200, Common Procedures. Development
Services Director
Decision
(5) Action by Development Services Director
The Development Services Director shall review the
Certificate of
application and schedule and conduct a final inspection
Conformity
of the development for the purpose of verifying
conformity with all applicable provisions of this
Ordinance, and all relevant terms and conditions of development permits and
approvals for the development. Upon a determination of conformity, the
Development Services Director shall approve a Certificate of Conformity and
forward it to the applicant.
2-300(Q) Interpretations by Development Services Director
(1) Authority
Interpretations of all provisions of this Ordinance shall be made by the
Development Services Director, including: interpretations of the text of this
Ordinance; interpretations of the zone district boundaries; and interpretations of
whether an unspecified use falls within a use classification, use category, or use
type allowed in a zone district.
(2) Initiation
A written interpretation may be requested by the City Council, the Planning
Commission, the ZBA, the BHR, any resident or landowner, or any person having
a contractual interest in land in the City.
Subsection Article 2:2-300(Q): Interpretations by Development Services Director
(3) Procedure
(a) Submission of Request for Interpretation
Before a written interpretation shall be provided by the Development
Services Director, a Request for Interpretation shall be submitted to the
Development Services Director in writing on a form established by the
Director and made available to the public, along with a non-refundable fee.
(b) Determination of Completeness

Within five (5) business days after a Request for Interpretation has been
submitted, the Development Services Director shall determine whether it is
complete.
1. If the Development Services Director determines the request is not

complete, a notice shall be provided to the applicant specifying the
deficiencies. The Director shall take no further action on the
Request for Interpretation until the deficiencies are remedied. If
the applicant fails to respond to the deficiencies within twenty (20)
business days, the Request for Interpretation shall be considered
withdrawn.
2. When the Request for Interpretation

is determined complete, the Submit
Development Services Director shall Interpretation
Request
review the request and render an
interpretation in accordance with the
procedures and standards of this
section.
Determination of
Completeness
(c) Rendering of Interpretation
After the Request for Interpretation has
been determined sufficient, the
Development Services Director shall review Development
and evaluate the request in light of the Services Director
General Plan, this Ordinance, the Official Interpretation
Zone District Map, and other relevant codes
and statutes, consult with the City Attorney Interpretations
and other affected City staff, and then
render an interpretation.
(d) Form
The interpretation shall be in writing, approved as to form by the City
Attorney, and sent to the applicant by mail after the interpretation is made
by the Development Services Director.
(4) Appeal
(a) Board of Historic Review (BHR)
Any aggrieved party objecting to a written interpretation from the
Development Services Director on a matter related to Section 3-500(B)(2),
Historic Overlay (YH) Districts, Historic Properties, Certificates of
Appropriateness, or Certificates of Hardship, may appeal the interpretation
to the BHR in accordance with Section 2-300(G)(6), Appeal to BHR.
(b) Zoning Board of Appeals (ZBA)

Any aggrieved party objecting to any other written interpretation from the
Development Services Director may appeal the interpretation to the ZBA in
Subsection Article 2:2-300(R): Appeals to ZBA from Decisions and Interpretations of Development Services Director
accordance with Section 2-300(R), Appeals to ZBA from Decisions and

Interpretations of the Development Services Director.
(5) Official Record

The Development Services Director shall maintain a record of written
interpretations that shall be available for public inspection, upon reasonable
request, during normal business hours.
2-300(R) Appeals to ZBA from Decisions and Interpretations of Development Services

Director
(1) Right of Appeal

Any aggrieved party affected by a decision or
interpretation of the Development Services Director Notice of
(except those related to Section 3-500(B)(2), Appeals
Historic Overlay (YH) District, Historic Properties,
Certificates of Appropriateness, or Certificates of
Hardship) may appeal such decision or Submission of
Record
interpretation to the ZBA.
(2) Appeal Procedure

(a) Initiation Staff
An appeal taken in accordance with this Review
section may be initiated by filing a written
Notice of Appeal within ten (10) business Schedule
days of the date of the decision or Hearing
interpretation with the Development
Services Director.
Schedule Public
s
Notification
(b) Contents of Appeal
The written Notice of Appeal shall specify
the grounds for the appeal, a statement of Staff
the improper decision or interpretation, the Report
date of that decision or interpretation, and
all support materials related to the
decision.
ZBA Hearing/
(c) Record Decision
Upon receipt of the written Notice of
Appeal, the Development Services
Director shall transmit all the papers, Appeals of Interpretations and
documents, and other materials relating to Decisions of Development
the decision or interpretation appealed to Services Director
the ZBA. These materials shall constitute
the record of the appeal.
(d) Scheduling of Notice and Hearing

The ZBA shall hear the appeal at its next regularly scheduled meeting, or
as soon as is reasonably possible.
(e) Hearing and Decision by ZBA

At the hearing, the person making the appeal may appear in person or by
agent or attorney, and shall state the grounds for the appeal and identify
any materials or evidence from the record to support the appeal. The
Development Services Director shall be given an opportunity to respond,
Section 2-400: Land Development Agreements
Subsection Article 2:2-400(A): Purpose and Intent
as well as any other City staff or other person the ZBA deems necessary.
After the conclusion of the hearing, the ZBA shall affirm, partly affirm,
modify, or reverse the decision or interpretation, based on the record, and
the requirements and standards of this Ordinance.
(3) Effect of Appeal

A pending appeal stays all proceedings in furtherance of the action appealed from,
unless the Development Services Director certifies to the ZBA after the Notice of
Appeal is filed, that by reason of facts stated in the certificate, a stay would cause
imminent peril to life or property. In such case, proceedings shall not be stayed
otherwise than by a restraining order, which may be granted by the ZBA or by a
court of record on application, on notice to the Development Services Director and
on due cause shown.
(4) Appeal
A person having a substantial interest affected by a decision of the ZBA on appeal
may appeal from the decision to the Circuit Court in and for York County by filing
with the Clerk of the Court a petition setting forth plainly, fully, and distinctly why
the decision is contrary to law. The appeal shall be filed within thirty (30) days
after the decision of the ZBA is mailed. For the purposes of this subsection,
person includes persons jointly or severally aggrieved by the decision of the ZBA.
2-400 LAND DEVELOPMENT AGREEMENTS
(1) General
The purpose and intent of this section is to authorize Land Development
Agreements to be entered into between a developer and the City in accordance
with the terms of this section to encourage comprehensive planning and capital
facilities planning, to ensure the provision of adequate public facilities for
development, and to encourage the efficient use of resources, while providing
certainty in the process of obtaining development permits and reducing the
economic costs of development by providing greater regulatory certainty.
(2) Findings
For the reasons identified in Section 2-400(A)(1), the City Council finds and
determines that Land Development Agreements may be useful to both the City and
developers by providing more regulatory certainty, establishing a schedule for
development, and assisting both developers and the City coordinate the provision
of adequate public facilities to serve development, coordinate the phasing of
development, and administer and manage efforts to maintain open space and
environmentally sensitive lands.
2-400(B) Authority
The City has the authority to adopt this section for the purpose of entering into Land
Development Agreements in accordance with S.C. Code of Laws Section 6-31-10 et. seq.,
the “South Carolina Local Government Development Agreement Act.”
Subsection Article 2:2-400(C): Procedure
2-400(C) Procedure
Pre-Application
Conference
(1) Pre-application Conference, Application Review,
Notification, and Scheduling of Public Hearing
review of a request to enter into a Land Development Neighborhood
Agreement are established in Section 2-200, Common Meeting
(required)
Procedures.
(2) Review and Recommendation by Planning

Commission
After preparation of a Staff Report, public notification, Submit
and the scheduling of the public hearing, the Planning Application
Commission shall conduct a public hearing on the
request to enter into a Land Development Agreement.
At the public hearing, the Planning Commission shall
consider the request, the relevant support materials, the Determination of
Completeness
Staff Report, and the testimony given at the public
hearing. After the conclusion of the public hearing, the
Planning Commission shall make a report to the City
Council recommending whether it is in the best interests
of the City to enter into the Land Development Staff
Agreement based on the goals of the City as identified Review
in this section, this Ordinance, the General Plan, and
other relevant and appropriate City policies. At its Schedule
discretion, the Planning Commission may defer action Hearing
on its recommendation on a proposed Land
Development Agreement for the purpose of clarifying
Schedule Public
issues and information related to the proposal. s
Notification
(3) Review and Action by City Council

After receipt of the report from the Planning Staff
Commission and the scheduling of a public hearing, the Report
City Council shall conduct a public hearing on the
At the public hearing, the City Council shall consider the Planning
application, the relevant support materials, the Staff Commission
Report, the report of the Planning Commission, and the Public Hearing/
testimony given at the public hearing (if any). After the Recommendation
close of the public hearing the City Council, in its sole
discretion, shall determine whether or not to enter into
the Land Development Agreement, based on such
City Council
factors as whether the goals of the City, as identified in Public Hearing/
this section, this Ordinance, the General Plan, and other Decision
relevant and appropriate policies, is best achieved by
the City entering into the Land Development
Agreement. Any Land Development Agreement Land Development
entered into by the City Council shall comply with Agreements
Section 2-400(D), Land Development Agreement
Standards.
2-400(D) Land Development Agreement Standards
An ordinance to enter into a Land Development Agreement between the City and a
developer, and the Land Development Agreement, shall include the following:
Subsection Article 2:2-400(D): Land Development Agreement Standards
(1) Land Threshold

Development on at least twenty-five (25) contiguous acres of highland.
(2) Legal Description and Owner

A legal description of the land subject to the Land Development Agreement and
the names of the legal and equitable owners.
(3) Duration
The duration of the Land Development Agreement, which shall be consistent with
the requirements of S.C. Code of Laws Section 6-31-10 et. seq., the “South
Carolina Local Government Development Agreement Act.”
(4) The Plan for Development

The plan for the development of the land, including proposed uses, the types of
residential dwelling units, the non-residential development proposed, the general
location of development, the densities/intensities, the lot area, height, and other
dimensional standards that will be applied to the development, the internal traffic
circulation system, how the development will connect to external streets,
greenways, trails, open space areas, recreational facilities, environmentally
sensitive lands that will be protected, a development schedule including
commencement dates and interim completion dates of no greater than five (5) year
intervals, and any other matter determined appropriate for the plan for
development of the land.
(5) Future Land Use Designation

The current zone district classification of the land subject to the Land Development
Agreement, and the future zone district classification, if it is proposed to be
different.
(6) Public Facility Adequacy

A description of public facilities that will service the development, including who
shall provide such public facilities, the date any new public facilities, if needed, will
be constructed, and a schedule to verify that public facilities will be available
concurrent with the impacts of the development on the public facilities. Any public
facilities to be designed and/or constructed by the developer shall be in
compliance with all applicable federal, state, and City standards to ensure the
quality of the public facilities. The standards shall include, but not be limited to,
guarantees of performance and quality, and project controls (including scheduling,
quality controls, and quality assurances). If the City is to provide any public
facilities to the development, they shall be tied to defined completion percentages
or other defined performance standards that must be met by the developer.
(7) Traffic Impact

If determined appropriate by the City, an evaluation of the traffic impact of the
development proposed in the Land Development Agreement and assurance that
the impact will be mitigated.
(8) Reservation or Dedication of Land

Where appropriate, a description of any reservations or dedications of land for
public purposes.
(9) Environmentally Sensitive Lands

Where appropriate, a description of any provisions to protect environmentally
sensitive lands as may be required or permitted in accordance with laws in effect
at the time the Land Development Agreement is entered into between the City and
the developer.
(10) Historic Structures

Where appropriate, a description of any provisions to protect and preserve historic
structures.
(11) Local Development Permits

A description of all local development permits approved or needed to be approved
for development of the land, specifically, to include at least the following:
(a) Any required amendments to this Ordinance.
(b) Any required amendments to the Official Zone District Map.
(c) Any other development permits under this Ordinance.
(d) Any other required permissions from regional, state, or federal

governments.
(12) Local Development Permits Obtained by Applicant/Property Owner

A statement and agreement by the developer that all local development permits
identified shall be obtained at the sole cost of the developer, and that in the event
that any such local development permits are not received, no further development
of the land subject to the Land Development Agreement shall be allowed until such
time as the City Council has reviewed the matter and determined whether or not to
terminate the Land Development Agreement, or to modify it in a manner consistent
with the public interest and the General Plan.
(13) Consistency with Comprehensive Plan and this Ordinance

A finding that the development permitted or proposed in the Land Development
Agreement is consistent with the General Plan and this Ordinance.
(14) Compliance with Laws not Identified in Land Development Agreement

A statement indicating that failure of the Land Development Agreement to address
a particular permit, condition, term or restriction shall not relieve the developer of
the necessity of complying with the law governing said permitting requirements,
conditions, terms or restrictions, and that any matter or thing required to be done
under existing ordinances of the City shall not be otherwise amended, modified or
waived unless such modification, amendment or waiver is expressly provided for in
the Land Development Agreement with specific reference to the ordinance
provisions so waived, modified, or amended.
(15) Conditions Necessary to Ensure Compliance with Code, General Plan, and
Public Health, Safety, and Welfare
Such conditions, terms, restrictions, or other requirements determined to be
necessary by the City Council to ensure compliance with this Ordinance and the
General Plan, and to ensure the public health, safety, and welfare of the citizens of
the City.
(16) Effect of Subsequently Adopted Laws

A statement identifying which laws in force at the time of the execution of the Land
Development Agreement apply; identification of any subsequently adopted laws
which will apply; and recognition that other subsequently adopted laws may be
applied by the City in accordance with Section 2-400(H) and state law.
Subsection Article 2:2-400(E): Execution of Land Development Agreement
2-400(E) Execution of Land Development Agreement
A Land Development Agreement shall be executed by all persons having legal or equitable
title in the land subject to the Land Development Agreement, including the fee simple
owner and any mortgagees, and the Mayor, on behalf of the City.
2-400(F) Legislative Act
A Land Development Agreement is determined to be a legislative act of the City in the

furtherance of its powers to plan and regulate development, and as such, shall be superior
to the rights of existing mortgagees, lien holders or other persons with a legal or equitable
interest in the land subject to the Land Development Agreement, and the obligations and
responsibilities arising thereunder on the landowner shall be superior to the rights of said
mortgagees or lien holders and shall not be subject to foreclosure under the terms of
mortgages or liens entered into or recorded prior to the execution and recordation of the
Land Development Agreement.
2-400(G) Recordation
It shall be the responsibility of the developer, within fourteen (14) days after the Land
Development Agreement has been executed, to record the Agreement with the York
County Clerk of Court. If the Land Development Agreement is amended, cancelled,
modified, extended, or revoked, the developer shall be responsible for ensuring the
amended Land Development Agreement is recorded with the York County Clerk of Court
within fourteen (14) days of its execution.
2-400(H) Local Laws and Policies Governing a Land Development Agreement
Unless otherwise provided for by the Land Development Agreement, the laws and policies
in force at the time of the execution of the Land Development Agreement govern the
development of the land subject to the agreement, except that the City may apply
subsequently adopted laws and policies if the City Council holds a public hearing in
accordance with Section 2-400(C)(1) and (3) and determines:
(1) Laws Not in Conflict and Do Not Prevent Redevelopment

The laws are not in conflict with the laws governing the Land Development
Agreement and do not prevent the development set forth in the Land Development
Agreement;
(2) Laws Essential to Public Health, Safety, or Welfare

The laws are essential to the public health, safety, or welfare, and expressly state
that they shall apply to a development that is subject to a Land Development
Agreement;
(3) Laws Anticipated in Land Development Agreement

The laws are specifically anticipated and provided for in the Land Development
Agreement;
(4) Substantial Changes

It is demonstrated that substantial changes have occurred in pertinent conditions
existing at the time of approval of the Land Development Agreement, which
changes, if not addressed by the City, would pose a serious threat to the public
health, safety, or welfare; or
Subsection Article 2:2-400(I): Periodic Review
(5) Agreement Based on Substantially and Materially Inaccurate Information

It is demonstrated that the Land Development Agreement is based on substantially
and materially inaccurate information supplied by the developer.
2-400(I) Periodic Review
(1) Annual Review

(a) General
The Development Services Director shall undertake a periodic review of
the development subject to the Land Development Agreement every
twelve (12) months, commencing one (1) year after the effective date of
the Land Development Agreement. The developer subject to the Land
Development Agreement must demonstrate good faith compliance with the
terms and conditions of the Agreement, and must provide such information
as the Development Services Director requests.
(b) Development Services Director Report of material Breach

If as a result of any annual review, the Development Services Director
determines the developer has committed a material breach of the terms
and conditions of the Land Development Agreement, the Development
Services Director shall report such circumstances to the City Council.
(c) City Council Notifies Developer of Material Breach

If the City Council concurs with the findings of the Development Services
Director’s report, the Council shall serve written notice to the developer,
within a reasonable time after the periodic review, setting forth with
reasonable particularity the nature of the breach and the evidence
supporting the findings and determination, and provide the developer a
reasonable period of time to correct the breach.
(d) Remedies and Corrections

If the developer fails to cure the material breach within the time provided
for correction by the City Council, City Council may unilaterally terminate
or modify the Land Development Agreement, if it provides the developer
an opportunity to either rebut the findings of material breach, or consent to
amend the Land Development Agreement to address the material breach,
as long as City Council has otherwise complied with the provisions of the
Land Development Agreement pertaining to a material breach.
2-400(J) Burden/Benefits
All burdens of a Land Development Agreement are binding upon, and the benefits of the
Land Development Agreement shall inure to, all successors in interest to the parties to the
2-400(K) Amendment or Cancellation of Land Development Agreement by Mutual

Consent
A Land Development Agreement may be amended or cancelled by mutual consent of the
parties to the Land Development Agreement, or by their successors in interest. A Land
Development Agreement may be amended, extended, or modified only in accordance with
the procedures established for its original approval.
2-400(L) Effect of Contrary State or Federal Laws
In the event that state and federal laws are enacted after the execution of a Land
Development Agreement that are applicable to and preclude the parties compliance with
Subsection Article 2:2-400(M): Technical Codes
the terms of the Land Development Agreement, such Land Development Agreement shall
be modified or revoked as is necessary to comply with the relevant state or federal laws.
Such modification or revocation shall occur only after notice and a public review is
conducted in accordance with Section 2-400(C), Procedure.
2-400(M) Technical Codes
Development subject to a Land Development Agreement shall comply with the

requirements of all building, housing, electrical, plumbing, and gas codes, in affect or
hereafter adopted by the City.
2-400(N) Enabling Legislation
In the event a court of competent jurisdiction determines S.C. Code of Laws Section 6-31-
10 et. seq., or any part thereof, invalid or unenforceable, or in the event that the South
Carolina General Assembly amends or repeals S.C. Code of Laws Section 6-31-10 et.
seq., in whole or in part, any Land Development Agreement adopted in accordance with
this section shall be reviewed to determine if such change in the state act results in a
substantial impairment of the City's rights or obligations in relation to such Land
Development Agreement. The City shall have the right to immediately terminate the Land
Development Agreement as to all parties thereto by written notice to the parties to the
Agreement in the event a change in the state act results in a substantial impairment to the
City's rights in relation to such Land Development Agreement.
Section 2-500: Appendix 2-A Certificate of Accuracy
Subsection Article 2:2-400(N): Enabling Legislation
2-500 APPENDIX 2-A CERTIFICATE OF ACCURACY
I hereby state to the best of my knowledge, information and belief, the survey shown hereon was
made in accordance with the requirements of the Minimum Standards Manual for the Practice of
Land Surveying in South Carolina, and meets or exceeds the requirements for a Class ___ survey
as specified therein; also there are no visible encroachments or projections other than shown.
By ____________________
Registered South Carolina Surveyor's Number _____________
Date __________________
2-600 APPENDIX 2-B CERTIFICATE OF OWNERSHIP AND DEDICATION
I (we) hereby certify that I am (we are) the owner(s) of the property shown and described hereon
and that I (we) hereby dedicate all streets, alleys, walks, parks and other sites to public or private
use as noted.
______________ _____________________________
Date Owner
_____________________________
Owner

CONSTRUCTION OF STREET, UTILITIES AND OTHER REQUIRED IMPROVEMENTS
I do hereby certify (1) that streets, utilities and other required improvements have been installed in
an acceptable manner and according to City specifications and standards in the subdivision entitled
_____________________________________, or (2) that a guarantee of the installations of the
required improvements in an amount or manner satisfactory to the City of Rock Hill has been
received.
__________________ ____________________________
Date City Engineer
Section 2-800: Appendix 2-D Certification – Certification of approval of compliance with the stormwater management and sediment
control act of 1991

THE STORMWATER MANAGEMENT AND SEDIMENT CONTROL ACT OF 1991
I do hereby certify that the stormwater management and sedimentation control system designed
and installed for (development name) addresses required improvements as cited in section
10-404 of the City of Rock Hill's City Code of Ordinances; complies with the standards established
and amended by the South Carolina Department of Health and Environmental Control (DHEC)/their
designee and was approved on (date) by DHEC/their designee.
By___________________________
Registered P.E. Number: _________
Date _________________________
2-900 APPENDIX 2-E CERTIFICATE OF APPROVAL OF RECORDING
I hereby certify that the subdivision plat shown hereon has been found to comply with the Rock Hill
Zoning Ordinance and all other appropriate City regulations except for such Variance Permits, if
any, as are noted in the minutes of the Planning Commission and that this plat has been approved
by the Planning Commission for recording in the Office of the York County Clerk of Court.
_________________ ________________________________
Date Secretary, Planning Commission
ZONING
ORDINANCE
Article 3: Zone Districts

ARTICLE 3: ZONE DISTRICTS
3-100 GENERAL PROVISIONS .............................................................................................................3-1

(A) ESTABLISHMENT OF BASE ZONE DISTRICTS .........................................................................3-1
(B) RELATIONSHIP TO OVERLAY ZONE DISTRICTS ......................................................................3-2
(C) COMPLIANCE WITH DISTRICT STANDARDS............................................................................3-2
3-200 RESIDENTIAL DISTRICTS ..........................................................................................................3-2
(A) PURPOSE ...........................................................................................................................3-2
(B) LIST OF RESIDENTIAL DISTRICTS AND SPECIFIC PURPOSES ..................................................3-2
(C) USES 3-5
(D) DENSITY/INTENSITY/DIMENSIONAL STANDARDS ...................................................................3-5
(E) DEVELOPMENT AND DESIGN STANDARDS ............................................................................3-5
(F) SUBDIVISION STANDARDS ...................................................................................................3-5
3-300 BUSINESS DISTRICTS................................................................................................................3-5
(A) PURPOSE ...........................................................................................................................3-5
(B) LIST OF BUSINESS DISTRICTS AND SPECIFIC PURPOSES ......................................................3-6
(C) USES ............................................................................................................................3-21
(D) DENSITY/INTENSITY/DIMENSIONAL STANDARDS .................................................................3-21
(E) DEVELOPMENT AND DESIGN STANDARDS ..........................................................................3-21
(F) SUBDIVISION STANDARDS .................................................................................................3-21
3-400 PLANNED DEVELOPMENT DISTRICTS ..................................................................................3-22
(A) PURPOSE .........................................................................................................................3-22
(B) TYPES OF PD DISTRICTS ..................................................................................................3-22
(C) PROCEDURES ..................................................................................................................3-23
(D) STANDARDS .....................................................................................................................3-24
(E) RELATIONSHIP TO THE PUD AND PRD DISTRICTS ..............................................................3-24
(F) GENERAL STANDARDS FOR ALL PD DISTRICTS ..................................................................3-24
(G) ADDITIONAL STANDARDS FOR PD DISTRICTS .....................................................................3-27
3-500 OVERLAY DISTRICTS...............................................................................................................3-51
(A) PURPOSE AND INTENT ......................................................................................................3-51
(B) DISTRICTS........................................................................................................................3-51
3-600 APPENDIX 3-A: YH HISTORIC OVERLAY DISTRICTS AND HISTORIC PROPERTIES .......3-59
(A) HISTORIC DISTRICT DESIGNATIONS ...................................................................................3-59
(B) HISTORIC PROPERTIES .....................................................................................................3-70
3-700 APPENDIX 3-B, DEVELOPMENT STANDARDS IN THE NMU DISTRICT................................. 75
(A) REQUIRED LAND USE RATIOS .............................................................................................. 75
(B) REQUIRED LAND USE MIX .................................................................................................... 75
(C) DENSITY DISTRIBUTION AND ALLOWABLE DENSITIES ............................................................. 76
(D) GENERAL LOT STANDARDS .................................................................................................. 77
(E) STREET DEVELOPMENT STANDARDS .................................................................................... 86
(F) OFF-STREET PARKING AND LOADING STANDARDS ................................................................ 87
(G) NON-RESIDENTIAL STRUCTURE FAÇADE STANDARDS ............................................................ 87
(H) COMPLIANCE WITH OVERLAY DISTRICT STANDARDS.............................................................. 88
(I) CONFLICT WITH OTHER STANDARDS .................................................................................... 88
Rock Hill, South Carolina l Zoning Ordinance May 14,2007 Article 3: TOC
Section 3-100: General Provisions
Subsection 3-100(A): Establishment of Base Zone Districts
3-100 GENERAL PROVISIONS
3-100(A) Establishment of Base Zone Districts
The following base zone districts are established:
TABLE 3-100(A): BASE ZONE DISTRICTS ESTABLISHED

ABBREVIATION DISTRICT NAME
RESIDENTIAL DISTRICTS
RH Rural Holding
SF-2 Single-Family Residential-2
MF-8 Multi-Family-8
MF-15 Multi-Family-15
MHP Mobile Home Park [1]
BUSINESS DISTRICTS
OI Office and Institutional
NO Neighborhood Office
DTWN Downtown
NC Neighborhood Commercial
LC Limited Commercial
CC Community Commercial
GC General Commercial [1]
MUC Mixed Use Corridor
NMU Neighborhood Mixed Use [1]
IG Industry General
IH Industry Heavy
IB Industry Business
PLANNED DEVELOPMENT DISTRICTS
PD-R Planned Development-Residential
PD-C Planned Development-Commercial
PD-MEC Planned Development-Major Employment Center
PD-TND Planned Development-Traditional Neighborhood Development
PD-PED Planned Development-Planned Educational District
NOTES:
[1] Owner-initiated applications for an amendment to the Official Zone District Map (see
Section 2-300(A)) to this zone district are prohibited.
Rock Hill, South Carolina I Zoning Ordinance May 14, 2007 Page 3-1
Section 3-200: Residential Districts
Subsection 3-100(B): Relationship to Overlay Zone Districts
3-100(B) Relationship to Overlay Zone Districts
Lands within the City may be classified into one of the base zone districts established in
Section 3-100(A), Establishment of Base Zone Districts, and also one (1) or more of the
overlay districts set forth in Section 3-500, Overlay Districts. Where land is classified into
an overlay district as well as a base zone district, the standards governing development
in the overlay district shall apply in addition to the standards governing development in
the underlying base zone district. Overlay districts may also provide a more flexible
alternative to base zone district standards (i.e. lot size, minimum setbacks, etc.) in
recognition of areas that are already established with their own distinct characteristics. In
the event of an express conflict between the standards governing a base zone district
and those governing an overlay district, the standards governing the overlay district shall
control.
3-100(C) Compliance with District Standards
No land within the City shall be developed except in accordance with the zone district
regulations of Article 3: Zone Districts, the use regulations of Article 4: Use Regulations,
the standards of Article 5: Density, Intensity, and Dimensional Standards, the standards
in Article 6: Development and Design Standards, the standards in Article 7: Subdivision
Standards, and all other applicable regulations of this Ordinance.
3-200 RESIDENTIAL DISTRICTS
3-200(A) Purpose
The residential zone districts contained in this section are established and intended to
provide a comfortable, healthy, safe, and pleasant environment in which to live. More
specifically, they are intended to:
(1) Provide Appropriately Located Lands

Provide appropriately located lands for residential development that are
consistent with the goals, objectives, and policies of the General Plan;
(2) Light, Air, and Privacy

Ensure adequate light, air, privacy, and open space for each dwelling, and
protect residents from the harmful effects of noise, traffic congestion, undue
concentration of population, and other significant adverse environmental effects;
and
(3) Provide Lands with Varying Degrees of Density

Provide for residential lands with varying density together with public and semi-
public buildings and facilities, accessory structures, and non-residential services
as may be compatible with such development.
3-200(B) List of Residential Districts and Specific Purposes
(1) RH, Rural Holding

The Rural Holding (RH) district is established to preserve and protect lands
which are currently rural in character, environmentally-sensitive, or being used
for agricultural purposes. The district is intended to act as a “holding zone” for
land not yet ready for urban development. Low density residential uses are
allowed, and are typically served by on-site water and wastewater facilities. The
Subsection 3-200(B): List of Residential Districts and Specific Purposes
minimum lot area for development is five (5) acres in size and the maximum
residential density is one (1) unit per five (5) acres except when a Conservation
Subdivision is approved in accordance with this Ordinance (see Section 7-200).
(2) SF-2, Single-Family Residential-2

The SF-2 district is established as a district in which the principal use of land is
existing single-family detached residential development at a low density. The
regulations of this district are intended to discourage any use that would
substantially interfere with the development of single-family detached dwellings
and that would be detrimental to the quiet residential nature of the district.
Complementary uses customarily found in residential zone districts, such as
community facilities, religious institutions, and parks and playgrounds are also
allowed. The minimum lot area for development is twenty thousand (20,000)
square feet and the maximum density allowed is two (2) dwelling units per acre,
except where a Conservation Subdivision is approved in accordance with this
Ordinance (see Section 7-200).

single-family detached residential development at a moderate density. The
regulations of this district are intended to discourage any use that would
substantially interfere with the development of single-family detached dwellings
and that would be detrimental to the quiet residential nature of the district.
community facilities, religious institutions, parks and playgrounds, and
elementary schools, are also allowed. The minimum lot area for development is
fourteen thousand (14,000) square feet and the maximum density allowed is
three (3) units per acre.

single-family residential development. Complementary uses customarily found in
single-family residential zone districts, such as community facilities, religious
institutions, parks and playgrounds, and elementary schools are allowed uses in
the SF-4 district. The minimum lot area for development is nine thousand (9,000)
square feet, and the maximum residential density allowed is four (4) units per
acre.

single-family detached dwellings, with two- to four-family dwellings permitted as
special exception uses. The regulations of this district are intended to encourage
diverse functioning neighborhoods which include various types of residential
development, limited neighborhood-serving non-residential uses, and customary
complementary uses. Complementary uses customarily found in residential zone
districts, such as community facilities, religious institutions, parks and
playgrounds, elementary schools, and middle schools are also allowed. The
minimum lot area for development is seven thousand five hundred (7,500)
square feet and the maximum residential density allowed is five (5) units per
acre. Live/work dwellings and upper story dwellings over a street-level non-
residential use may be included at densities of eight (8) units an acre.
Subsection 3-200(B): List of Residential Districts and Specific Purposes

single-family detached development at moderate to high densities in recognition
of the historic development patterns within neighborhoods in Old Town. The SF-
8 district shall only be established in Old Town. The district allows all forms of
residential dwelling unit types (except individual mobile homes or Mobile Home
Parks), as well as neighborhood-serving commercial uses with residential
integrated above street-level, subject to area minimums and location controls.
The regulations of this district are intended to discourage any use that would
substantially interfere with infill and redevelopment in the district.
community facilities, religious institutions, parks and playgrounds, and schools,
are also allowed. The minimum lot area for development is five thousand (5,000)
square feet, the minimum lot width is fifty (50) feet, and the maximum residential
density allowed is eight (8) dwelling units per acre. Live/work dwellings and
upper story dwellings over a street-level non-residential use are allowed at
densities of ten (10) units per acre.
(7) MF-8, Multi-Family-8

The MF-8 district is established and intended to encourage a wide range of
medium density housing types, especially multiple family development, even
though single-family detached, single-family attached, townhouses, and two- to
four-family dwellings are also allowed to meet the diverse housing needs of City
residents. Neighborhood commercial and complementary uses customarily
found in residential zone districts, such as schools, community facilities, religious
institutions, and parks and playgrounds are encouraged. The minimum lot area
for single-family detached dwellings is five thousand (5,000) square feet, and the
minimum lot width is sixty (60) feet. The maximum residential density allowed is
eight (8) dwelling units per acre. Buildings including street-level non-residential
uses may include residential units at a density of up to ten (10) units per acre.
(8) MF-15, Multi-Family-15

The MF-15 district is established and intended to encourage a wide range of
medium to high density housing types, especially multiple family development,
even though single-family detached, single-family attached, townhouses, and
two- to four-family dwellings are also allowed to meet the diverse housing needs
of City residents. Neighborhood commercial and complementary uses
customarily found in residential zone districts, such as schools, community
facilities, religious institutions, and parks and playgrounds are encouraged. The
minimum lot area for single-family detached dwellings is five thousand (5,000)
square feet. The maximum residential density allowed is fifteen (15) dwelling
units per acre. Buildings including street-level non-residential uses may include
residential units at a density of up to twenty (20) units per acre.
(9) MHP, Mobile Home Park

The MHP District is established and intended to provide for mobile and
manufactured homes in a park setting designed to create an environment of
residential character. The minimum size for a mobile home park development in
the MHP District is four (4) acres. The park shall be enclosed with a six- (6) foot
high wooden fence or masonry wall whenever it is adjacent to a different zone
district classification. Complementary uses customarily found in residential zone
districts, such as community facilities and religious institutions are also allowed.
The maximum residential density allowed is seven (7) dwelling units per acre.
Section 3-300: Business Districts
Subsection 3-200(C): Uses
Applications for amendments to the Official Zone District Map for the MHP district
shall be prohibited.
3-200(C) Uses
See Table 4-100(B), Table of Allowed Uses, for a list of allowed uses in the residential
zone districts.
3-200(D) Density/Intensity/Dimensional Standards
(1) General
All development in the residential districts shall comply with the density, intensity,
and dimensional standards in Article 5: Density, Intensity, and Dimensional
Standards.
(2) Conservation Subdivision Option

Development proposed as a conservation subdivision within the RH and SF-2
zone districts shall comply with the standards of Section 7-200, Conservation
Subdivision.
3-200(E) Development and Design Standards
All development in the residential districts shall comply with all the relevant development
and design standards in Article 6: Development and Design Standards.
3-200(F) Subdivision Standards
All development in the residential districts shall comply with all the relevant subdivision
standards in Article 7: Subdivision Standards.
3-300 BUSINESS DISTRICTS
3-300(A) Purpose
The business zone districts are established for the general purpose of ensuring there are
lands in the City that provide a wide range of office, retail, service, industrial, and related
uses to meet household and business needs, and more specifically to:
(1) Provide Appropriately Located Lands for Business Uses Consistent with
the General Plan
Provide appropriately located lands for the full range of business uses needed by
the City’s residents, businesses, and workers, consistent with the goals,
objectives, and policies of the General Plan;
(2) Strengthen Economic Base

Strengthen the City’s economic base, and provide employment opportunities
close to home for residents of the City and surrounding communities;
(3) Provide Suitable Environment for Business Uses

Create suitable environments for various types of business uses, and protect
them from the adverse effects of incompatible uses;
Subsection 3-300(B): List of Business Districts and Specific Purposes
(4) Provide Suitable Environment for Mixed Uses

Create suitable environments for various types of mixed use development, where
business, office, retail, and residential uses are designed and integrated in
compatible ways;
(5) Preserve Unique Character and Historic Resources of Downtown

Preserve the unique character and historic resources of the downtown;
(6) Minimize Impact of Business Development on Residential Districts and

Uses
Minimize the impact of business development on residential districts and uses.
3-300(B) List of Business Districts and Specific Purposes
(1) OI, Office and Institutional District

The OI district is established to provide a wide variety of professional and
business offices and institutions proximate to residential and more intense
business districts so as to satisfy the City’s demand for services. These
regulations are designed to encourage the formation and continuance of a quiet,
compatible, and uncongested environment for offices intermingled with
residential and institutional uses. This district is different from the other business
districts in that Retail Sales and Services uses are generally prohibited. Some
limited retail uses may be allowed as a conditional or special exception use,
subject to specific standards, and provided their primary purpose is to serve the
office workers in the district. Multiple family residential uses, community facilities,
and religious institutions are also allowed. The maximum residential density
allowed is five (5) dwelling units per acre, and the minimum lot area for
development for all non-residential uses is one (1) acre. Live/work dwellings and
upper story dwellings over a street-level non-residential use may be included at
densities of eight (8) units an acre.
(2) NO, Neighborhood Office District

The NO district is established to provide for a mix of small-scale professional
office uses together with limited service uses, single-family detached, single-
family attached, townhouse, two- to four-family dwellings, and multiple family
uses in close proximity to one another, subject to design and compatibility
standards. Non-residential uses shall be located in buildings that are consistent
with surrounding residential uses in physical design, scale, character, and shall
not exceed ten thousand (10,000) square feet in area. Legally established
nonconforming Retail Sales and Services uses in existence on March 1, 2006,
shall be allowed to remain, recommence, and expand in accordance with Section
8-200(D)(2), Retail Sales and Services Uses in the Neighborhood Office (NO)
District. Structures exceeding ten thousand (10,000) square feet in size in
existence on March 1, 2006 shall be allowed to remain, but in no instance shall
such structures be allowed to expand. The maximum residential density allowed
is five (5) dwelling units per acre. Live/work dwellings and upper story dwellings
over a street-level non-residential use may be included at densities of eight (8)
units an acre.
(3) DTWN, Downtown District

The DTWN district is established and intended to encourage the development of
the City’s downtown as the focal point in Rock Hill with an intense mix of office,
retail, service, restaurant, entertainment, cultural, government, civic, and
residential uses, with no density or intensity limitations. More specifically, the

district is intended to:
(a) Provide Services in the Downtown Area

Provide services to persons shopping, working, or living in
the downtown area;
(b) Provide a Range of Uses

Provide for a range of downtown business uses, as well as residences
above the street-level as by-right uses;
(c) Offer Incentives to Support Foot Traffic

Encourage retail and restaurant uses on the street-level to support and
encourage greater foot traffic;
(d) Encourage Infill and Redevelopment

Encourage infill of vacant lands, and redevelopment of existing and
under-utilized lands in the downtown area;
(e) Require Consistency with Existing Development

Require new development to be consistent with the existing template of
development in the downtown;
(f) Add to the Hours of Use

Support uses and activities which add to the hours of use of the
downtown; and
(g) Promote Economic and Investment Potential

Promote the economic and investment potential of downtown Rock Hill.
(4) NC, Neighborhood Commercial District

The NC district is established and intended to provide for small-scale retail,
service, and professional offices that provide goods and services to serve the
residents of the surrounding neighborhood. Residential uses are encouraged on
the upper floors of non-residential establishments. The district should not include
establishments that attract traffic from areas of the City outside the neighborhood
which is being served by the use. Non-residential uses in the NC district are
limited to ten thousand (10,000) square feet in area per use in an individual
building. The district should typically be located at the intersection of two (2)
collector (residential or commercial) streets or a collector street and arterial/major
collector street in close proximity to the residential neighborhood which they
serve. The district is subject to development standards to ensure development is
consistent with the neighborhood scale and form of the district, and compatible
with surrounding uses through setbacks, height limitations, bulk and other
dimensional standards, connectivity requirements, controls on lighting, and site
design. In addition, all non-residential development in the NC district shall limit
its hours of operation to between the hours of 6:00 AM and 10:00 PM.
(5) LC, Limited Commercial District

The LC district is established as a mid-level intensity commercial district that
allows a wider range of non-residential uses at increasing intensities than the NC
district. The uses allowed in this district include a wide range of general retail,
business, and service uses, as well as professional and business offices along
with integrated residential uses as allowed in the NC district, but not intensive
commercial or other business activities. Uses in this district are intended to

serve groups of neighborhoods instead of individual neighborhoods.
(6) CC, Community Commercial District

The CC district is established and intended to provide lands for business uses
that provide goods and services to residents of the entire community, including
shopping centers and large retail establishments over twenty thousand (20,000)
square feet in size. These commercial uses should provide appropriate
appearance, parking, traffic movement, and landscaping elements, and protect
abutting residential areas from adverse impacts. The CC district should typically
be located along major arterials, at the intersection of arterials, and along growth
corridors as identified in the General Plan, but should not create or promote strip
commercial development. Higher density residential uses are allowed above
street-level, and as separate stand-alone uses.
(7) GC, General Commercial

The GC district is established as a commercial district applied to lands being
used for commercial uses which do not readily fit into one of the three (3) other
commercial districts. The GC district provides opportunities to integrate
residential with retail and office uses, subject to design standards. It is the intent
of this Ordinance the GC district be phased out over time by not allowing new
rezonings to the GC District.
(8) MUC, Mixed Use Corridor District

(a) Purpose
The MUC district is intended to foster a compatible mix of land uses
along significant roadway corridors that pass through residential areas,
while also maintaining or strengthening connections to and between the
existing residential neighborhoods. The MUC district addresses
concerns unique to specific transportation corridors in the City identified
in the General Plan and special plans, including the Saluda Street
Corridor Master Plan. The district
may be applied to:
1. Facilitate development
solutions that will enhance
local character, encourage
greater pedestrian utilization,
address existing deficiencies,
and provide benefits to the
area and/or community;
2. Provide opportunities for

consolidation of land to permit
unified planning and
compatibility of uses within
the district and the existing
and anticipated development
in the surrounding area;
3. Provide a means to ensure

that the land uses on adjacent
properties are not negatively
impacted by the uses and
configurations permitted in
MUC district as depicted in
Figure 3-300(A), Single
Family Lot Evolution ->; and
4. Encourage the retention of the

existing residential character
and scale of structures as
lands are converted from
single-family uses to higher
density residential uses or non-residential uses.
(b) Establishment
A MUC district shall not be established until a corridor plan or an area
plan for the area encompassed by the district has been adopted by the
City Council. MUC Districts are established in the following areas:
1. The Saluda Street Corridor between Johnston Street and Heckle

Boulevard as depicted in the Saluda Street Corridor Master Plan.
(c) Relationship to Other Regulations

1. Development within the MUC district shall comply with the
standards of this section and the applicable corridor or area plan.
Section 3-30 3-300: Business Districts
Except for lands within the Historic Overlay (YH) district, when
there is a conflict between the corridor or area plan and this
section, this section shall control.
2. With the exception of the standards in the Historic Overlay (YH)

district, if the standards in this section conflict with other
standards in this Ordinance, the standards in this section shall
control.
3. In cases where the standards in this section conflict with the

standards in Historic Overlay (YH) district (see Section 3-
500(B)(2)), or the standards in the Design Review Guidelines
Manual, the standards in Section 3-500(B)(2), and the Design
Review Guidelines Manual shall control.
(d) General District Standards

The following general standards shall apply to all development and
redevelopment in the MUC district:
1. District Form
The MUC district has a linear form with its width typically defined
by the depth of the parcels on either side of the roadway (as
depicted in Figure 3-300(B), MUC District Form; however, the
district may extend beyond those parcels under special
circumstances (i.e., to accommodate uses that typically locate
within residential neighborhoods, such as religious institutions
and community centers).
FIGURE 3-300(B): MUC DISTRICT FORM
2. Residential Density
Vertical density in multi-story buildings is encouraged as long as
the residential scale of the area is maintained. Townhouse and
small lot residential development is encouraged.
3. On-Site Circulation
The siting of structures must provide adequate vehicle and
pedestrian circulation. Sidewalks and alleys are encouraged,
especially when used as a means for pedestrians to reach
parking behind buildings. Alleys, intended to provide access to
parking, garages, rear and service entrances, and ancillary uses
should be included wherever possible in order to minimize the

number of access points to the primary street.
4. Compatibility
The impact of the proposed use as designed shall demonstrate
compatibility with other existing or planned uses in close
proximity, and shall fit in with the residential neighborhood in
terms of scale and appearance. Uses which are potentially
noxious, dangerous or offensive to adjacent occupancies in the
same or neighboring districts, or to those who pass on public
ways by reason of odor, smoke, noise, glare, fumes, gas,
vibration, threat of fire or explosion, emission of particulate
matter, interference with radio or television reception, or
radiation, or likely for other reasons to be incompatible with the
character of the district, are prohibited.
5. Hours of Operation
Non-residential development in the MUC district shall operate
only between the hours of 6:00 A.M. and 10:00 P.M.
(e) Development and Design Standards

All development in the MUC district shall comply with the following
standards:
1. Lot Configuration
Lots in the MUC district shall comply with the standards in Table
3-300(A), Lot Configuration:
TABLE 3-300(A): LOT CONFIGURATION

LOT ELEMENT STANDARD
Minimum Lot Area 6,000 square feet
Minimum Lot Width 50 feet; 22 feet for Townhouse lots
Front Yard Depth None required [1]
Side Yard Depth 0 feet; 10 feet both sides [2]
Rear Yard Depth 10 feet
NOTES:
[1] In no instance shall a front yard be deeper than twenty-five (25) feet from
the edge of the right-of-way, or more than fifteen (15) feet from the edge
of the sidewalk.
[2] Principal structures on different lots shall be a minimum of ten (10) feet
apart.
2. The typical lot configuration is depicted in Figure 3-300(C),

Typical Lot Configuration.
FIGURE 3-300(C): TYPICAL LOT CONFIGURATION
2.
3. Site Design
Development and redevelopment in the MUC district shall
comply with the following standards and Figure 3-300(D), Site
Design Diagram:
a. Maximum residential density shall be limited to ten (10)

units per acre;
b. Structures shall be located proximate to the street upon
which the structure fronts;
c. If a new structure is to be located in an existing
developed area, the structure shall be substantially
aligned with the adjacent buildings, provided it is not
located within the right-of-way;
d. If additions or expansions are made to existing single-
family residential structures, such expansions should be
made toward the street the building fronts;
e. Except for single-family residential uses, off-street
parking shall be located behind the building it serves.
Up to fifty percent (50%) of the off-street parking may be
placed to the side of a building with approval of an
Administrative Adjustment (see Section 2-300(F)), but in
no instance shall any off-street parking be located
between the building and the street it fronts.
Section 3-30 0:
FIGURE 3-300(D): SITE DESIGN DIAGRAM
4. Vehicular Access
Vehicles should not impede the pedestrian nature of the district,
or cross pedestrian paths without giving proper care to the
pedestrian right-of-way. Lots in the MUC district shall comply
with the following standards:
a. Vehicular access should be from the rear via alleys,

driveways connecting to side streets, and cross-access
ways to minimize the number of driveways connecting to
the primary roadway;
b. Driveways shall be limited to a maximum of one (1)
driveway per parcel;
c. Corner lots shall have the driveway located so that
access is provided from the side street; and
d. Driveway access options shall be in accordance with
Figure 3-300(E), Access Options.
Section 3-30 0:
FIGURE 3-300(E): ACCESS OPTIONS
5. Connectivity
a. Cross Access
Cross-access ways meeting the standards of Section 6-
100(D)(11)(a)(4) between off-street surface parking lots
located to the rear of structures shall be provided to the
maximum extent practicable.
b. Pedestrian Connections
Sidewalks along streets shall be continuous so as to
connect corridor development to adjacent
neighborhoods. Pedestrian access, at a minimum, shall
be provided at the front of all buildings in the form of a
sidewalk connecting the primary building entrance to the
public sidewalk.
6. Building Design
a. Orientation
Buildings and their primary entrances shall be oriented
to the primary street.
b. Height
Building height shall be limited to a maximum of thirty-
five (35) feet.
c. Footprint
Building area shall be limited to a maximum of fifteen
thousand (15,000) square feet.
d. Maximum Width
Maximum building width shall be in accordance with
Table 3-300(B), Maximum Building Width:
Section 3-30 0:
TABLE 3-300(B): MAXIMUM BUILDING WIDTH

STANDARD
USE TYPE
(FEET)
Single-family detached 50
Distance
Single-family attached, Townhouse, equivalent to
Two- to four-family the width of 4
units [1]
Public and Institutional Uses 100
All other uses 50
NOTES:
[1] In no instance shall the width exceed one hundred (100) feet.
e. Facades
Structures in the MUC district shall comply with the
following façade standards:
i. The primary street side facade of a building shall

not consist of an unarticulated blank wall or an
unbroken series of garage doors. Building
facades shall be varied and articulated in
accordance with Section 6-800(E)(5)(a)(2-4) to
provide visual interest to pedestrians. Porches,
bays, and balconies are encouraged.
ii. Windows, doors, and openings shall comprise a
minimum of fifty percent (50%) of the length of
the first floor front facade. Where there is
secondary frontage on an alley or side street,
the doors and windows may comprise a
minimum of twenty-five percent (25%) of the
length of the first floor facade.
iii. Transparent windows allowing visual access into
and out of non-residential buildings shall be
required on the first floor frontage.
iv. At least one (1) of the principal entrances should
orient to the primary street or to plazas, parks, or
walkways that connect the building to the
primary street.
f. Canopies
Canopies, awnings, and similar appurtenances are
permitted and encouraged on all front access points to a
building. They may be constructed of wood or flexible
material designed to compliment the appearance of the
building and the surroundings. A minimum overhead
clearance of nine (9) feet from the sidewalk must be
maintained. These structures may extend no more than
nine (9) feet from the front façade or may be no closer
than eighteen (18) inches to the back of curb, whichever
is more restrictive.
Section 3-30 0:
7. Garages
Garages should be positioned to reduce their visual impact on
the street. At a minimum, a garage shall be located behind the
front facade of the building it serves. Figure 3-300(F), Garage
Placement, indicates the range of garage placement options.
FIGURE 3-300(F): GARAGE PLACEMENT OPTIONS
8. Outside Structures and Activities

Outside activities such as sidewalk cafes, vendors with carts, or
displays of items or goods by adjacent businesses are
encouraged in accordance with the following standards:
a. All structures or tables placed outside for use in sales or

display of goods must be sturdily constructed and kept in
good repair;
b. Structures or tables shall not be placed where they

impede the safety of pedestrian or vehicular traffic;
c. Goods for sale may not be placed outside of the area

designated for their placement; and
d. Outdoor storage shall be prohibited.
9. Parking and Loading

Development and redevelopment shall comply with the off-street
parking and loading standards in Section 6-100, Off-Street
Parking and Loading, and the following standards:
a. New construction, expansion, or areas where parking lot

renovation comprises more than fifty percent (50%) of
the current tax assessed value of the land where located
shall comply with the following requirements:
i. All off-street parking areas shall be located to

the rear of buildings unless an alternative
placement is approved in accordance with
Section 2-300(F), Administrative Adjustment.
Section 3-30 0:
ii. Each off-street parking area shall be designed

and located so that parking lots on adjacent
parcels may be linked.
iii. As each parcel is developed or redeveloped for

higher density residential or non-residential
use(s), a cross-access way to adjacent parcels
shall be established.
iv. Off-street parking lots shall be designed to

facilitate rear access by providing future
connections to lots where no adjacent parking
lot exists, or by connecting to adjacent parking
lots where they do exist, as illustrated in Figure
3-300(G), Parking Lot Configuration.
FIGURE 3-300(G): PARKING LOT CONFIGURATION
10. Landscaping and Screening

a. Landscaping, in accordance with Section 2-300,
Landscaping, shall be provided by all development and
redevelopment.
b. Street trees shall be planted in accordance with Section

6-800(A)(2)(g), Street Trees.
11. Signage
Signage shall comply with the standards in Section 6-900,
Signage, except that neon or other internally illuminated signage
shall be prohibited, and on-premise freestanding signs shall not
exceed five (5) feet in height.
(9) NMU, Neighborhood Mixed Use

(a) Purpose and Intent
The purpose of the NMU district is to:
1. Promote development with a definable center that contains a

variety of uses within walking distance of residential areas;
Section 3-30 0:
2. Encourage the protection of natural resources and open space

by concentrating development, and establishing requirements for
open space conservation;
3. Allow denser developments to provide the efficient use of

infrastructure including roads, water, sewer, and other utilities;
and
4. Provide a variety of housing types for varying incomes and ages.
(b) Intent
The district is intended to encourage development based on a
neighborhood model where housing, businesses, and other non-
residential uses coexist providing the conveniences and comforts of
modern living in an environment that lessens dependency on the
automobile and provides feasible alternatives such as walking, bicycling,
or public transit.
(c) Procedure
1. Prior to development in a NMU district, a landowner shall receive
approval of a Neighborhood Mixed Use (NMU) Master Plan, and
a Final Plan (in the form of a Site Plan (see Section 2-300(H)) or
Subdivision (see Section 2-300(I)) in accordance with the
procedure for a planned development in Section 2-300(B),
Planned Development District. Development in a NMU district
shall comply with the standards in this section and Appendix 3-B,
Development Standards in the NMU District.
2. Lands in a NMU district that have a NMU Master Plan approved

prior to March 1, 2006, shall develop under the regulations in
existence at the time of NMU Master Plan approval, in
accordance with Section 1-900(C)(2)(b), All Other Plat and
Permit Approvals.
(d) Structure of the NMU District

1. Scale
a. A NMU district is typically composed of a neighborhood
center (neighborhood proper) area, which extends for
one-quarter (¼) mile from the geographic center of the
district, surrounded by a neighborhood perimeter area
which extends for an additional one-quarter (¼) mile
from the edge of the neighborhood center boundary.
b. The physical size of an NMU district shall be between a

minimum of one (1) acre and a maximum of six hundred
forty (640) acres.
2. Required Sub-Areas
a. Neighborhood Core
The geographic and social center of the NMU district,
contains a central public space and the most intensive
and greatest mix of development. The central public
space is usually a square which may substitute for the
true geographic center if major topographical
Section 3-30 0:
considerations or the location of a major highway

contributes to a need for a shift. Should the core shift as
described, the one-quarter (¼) mile radius shall be
consistently measured from the central public space.
b. Neighborhood Proper
This includes all the area between the Neighborhood
Core and the outer edge of the Neighborhood Center
area. The lots in this area are generally intended for
single-family detached and attached dwellings, as well
as multiple family, employment, and retail uses.
c. Neighborhood Perimeter
This is the area from the edge of the Neighborhood
Proper to the outer extent of the one-half- (½) mile
radius. The uses in this area are generally limited to
single-family detached and attached dwellings as well as
multiple family development.
3. Optional Sub-Areas
a. Community Center
A Community Center is optional in a NMU district, and is
intended to provide for larger scale commercial
retail/office uses in buildings that front a central square
or other public space. A portion of the community center
square may be used for off-street parking.
b. Employment Campus Lot (ECL)

Employment campus lots are optional in a NMU district,
and provide for greater employment opportunities and
diversity in the types of employment offered.
Employment campus lots are to be located within the
Neighborhood Perimeter and linked directly to other
neighborhood sectors.
4. Separation from Other NMU Districts

a. A minimum distance of approximately one (1) mile shall
be maintained between individual NMU districts; and
b. A minimum distance of one-half (½) mile shall be

maintained between the neighborhood center area of
one individual NMU district and another NMU district
boundary.
(e) Uses
The range of allowable uses in the NMU district shall be in accordance
with Table 4-100(B), Table of Allowed Uses, and Table 4-400(B), Table
of Permitted Accessory Uses.
(f) Standards
Development within an NMU district shall comply with the standards in
Appendix 3-B, Development Standards in the NMU District, and the
Section 3-30 0:
standards in Article 6: Design and Development Standards, where

appropriate. In cases where the standards in Appendix 3-B conflict with
the other standards in this Ordinance, the standards in Appendix 3-B
shall control.
(g) Owner-Initiated Rezoning to NMU Prohibited

Owner-initiated applications for an amendment to the Official Zone
District Map (see Section 2-300(A)) to create a new NMU district or
expand the geographic area of an existing NMU district shall be
prohibited, but nothing shall prohibit an owner-initiated application to
convert an existing NMU district to a different zone district.
(10) IG, Industry General District

The IG District is established and intended to provide lands for light industrial
uses that can be operated in a relatively clean and quiet manner and that will not
be obnoxious to adjacent residential or business districts. Allowable uses include
limited manufacturing and functionally related uses such as distribution, storage,
and processing. Some heavier industrial uses may be permitted with a Special
Exception (see Section 2-300(D)). Commercial uses are allowed, but are
considered incidental to the predominantly light industrial nature of the district.
Residential uses, other than caretaker dwellings, and uses that generate
hazardous wastes are not permitted.
(11) IH, Industry Heavy District

The IH District is established and intended to provide lands for heavy industrial
uses, including manufacturing, resource extraction, uses that require outdoor
stockpiling of raw materials, and other uses whose impacts are so adverse as to
require their own district. Commercial uses are allowed, but are considered
incidental to the predominantly industrial nature of the district. Residential uses,
other than caretaker dwellings, are not permitted.
(12) IB, Industry Business District

The IB District is established and intended to accommodate a wide range of
employment-generating office, institutional, research and development, and light
manufacturing uses. Such uses shall take place entirely inside buildings, or shall
be developed in a manner compatible with surrounding land uses, so as to
minimize potential nuisances or damage to the environment. In addition, by
allowing a wide range of permitted uses, the IB District is intended to
accommodate the development of "flex space" arrangements, where the
developer can establish different combinations of allowable uses on a site over
time, as the market dictates, as long as all uses and development conform to the
standards established by this Ordinance. Residential uses are limited to
caretaker dwellings, live/work units, and upper story dwellings with a maximum
density of five (5) units per acre.
Section 3-30 0:
Subsection 3-300(C): Uses
3-300(C) Uses
See Table 4-100(B), Table of Allowed Uses, for a list of allowed uses in the business
districts.
3-300(D) Density/Intensity/Dimensional Standards
All development in the business districts shall comply with the density, intensity, and
dimensional standards in Article 5: Density, Intensity, and Dimensional Standards.
3-300(E) Development and Design Standards
All development in the business districts shall comply with all the relevant development
and design standards in Article 6: Development and Design Standards.
3-300(F) Subdivision Standards
All development in the business districts shall comply with all the relevant subdivision
standards in Article 7: Subdivision Standards.
Section 3-400: Planned Development Districts
Subsection 3-400(A): Purpose
3-400 PLANNED DEVELOPMENT DISTRICTS
3-400(A) Purpose
The Planned Development (PD) districts are established for the purpose of encouraging
innovative land planning and site design concepts that support a high quality of life, and
that achieve a high quality of development, environmental sensitivity, energy efficiency,
and other City goals by:
(1) Increasing Flexibility

Reducing or diminishing the uniform design that results from the strict application
of zoning and development standards that are designed primarily for individual
lots;
(2) Greater Freedom to Provide Access, Light, Open Space, and Amenities
Allowing greater freedom in selecting the means to provide access, open space,
and design amenities;
(3) Greater Freedom to Provide Mix of Uses and Housing Types

Allowing greater freedom in providing a well-integrated mix of residential and
non-residential land uses throughout the development and on individual lots,
including a mix of housing types, lot sizes, and densities;
(4) Providing Greater Opportunity for More Efficient Land Use Patterns
Providing for an efficient use of land resulting in smaller networks of utilities and
streets and thereby lowering development and housing costs;
(5) Promoting Quality Design and Environmentally Sensitive Development

Through Site Characteristics
Promoting quality design and environmentally sensitive development by allowing
development to take advantage of special site characteristics, locations, and
uses; and
(6) Quality Design Through Density Increases

In specific instances, encouraging quality design and environmentally sensitive
development by allowing increases in residential density or non-residential
square footage when such increases can be justified by superior design or the
provision of additional amenities such as public open space.
3-400(B) Types of PD Districts
There are five (5) types of PD districts, each subject to the development review
procedures of Section 2-300(B), Planned Development District, the general standards of
Section 3-400(F), General Standards for All PD Districts, and the specific standards for
the individual PD options in Section 3-400(G), Additional Standards for PD Districts. The
five (5) PD districts, described more specifically below, are:
Subsection Article 3:3-400(C): Procedures
(1) PD-R, Planned Development - Residential District

The purpose of the PD-R district is to provide a mix of residential uses using
innovative and creative design elements, while at the same time providing an
efficient use of open space. Limited commercial uses will be allowed in the PD-R
district to serve the needs of the residents in the development (unless it can be
demonstrated that community serving commercial/retail is justified).
(2) PD-C, Planned Development - Commercial District

The purpose of the PD-C district is to provide mixed-use retail and office
development, with limited moderate and higher density residential uses
integrated into the development above street levels and as separate stand-alone
uses.
(3) PD-MEC, Planned Development - Major Employment Center District

The purpose PD-MEC district is to encourage the development of a mix of
employment and residential uses (office, research, light industrial, limited
commercial, and high density residential) at appropriate major intersections and
corridors within the City in a planned and aesthetically pleasing way. This is
done by allowing design flexibility as well as a mix of uses that are reviewed as a
plan for development.
(4) PD-TND, Planned Development - Traditional Neighborhood Development

District
The purpose of the PD-TND district is to provide landowner/developers with a
flexible framework within which to develop a mixed-use Traditional Neighborhood
Development as an alternative to conventional development under the Planned
Development (PD) regulations. The PD-TND standards are designed to
encourage the development of compact mixed use, small-lot, pedestrian-oriented
communities.
(5) PD-PED, Planned Development – Planned Educational District

The purpose of the PD-PED district is to encourage growth and development of
college and university campus sites, while ensuring the development impacts
from the college or university campus site will not have an adverse effect on
surrounding lands. This is accomplished by integrating campus uses so that
such uses can be linked by pedestrian ways, bikeways, and other transportation
systems, and properly siting such uses in order to reduce auto use, mitigate
environmental impacts, conserve energy resources, and achieve visual
continuity.
3-400(C) Procedures
Prior to development, all planned development districts shall be reviewed and approved
or approved with conditions in accordance with Section 2-300(B), Planned Development
District.
Subsection Article 3:3-400(D): Standards
3-400(D) Standards
Except for the PD-PED district, all planned development districts shall comply with the
general standards of Section 3-400(F), General Standards for All PD Districts, and the
specific standards for the individual PD options in Section 3-400(G), Additional Standards
for PD Districts. The PD-PED District shall comply with the specific standards in Section
3-400(G)(5), PD-PED, Planned Development – Planned Educational District.
3-400(E) Relationship to the PUD and PRD Districts
Lands designated as Planned Unit Development (PUD) and Planned Residential

Development (PRD) on the Official Zone District Map on March 1, 2006, are subject to
the standards and conditions included within the previously-adopted master plans related
to their approval. They may proceed with development in accordance with Section 1-
900(C)(2)(b), All Other Plat and Permit Approvals. If approval of the PUD or PRD
expires, the provisions of this Ordinance shall apply.
3-400(F) General Standards for All PD Districts
(1) Development Parameters

Except for a PD-PED District classification and Master Plan, prior to the approval
of a PD zone district classification, the City Council shall find the application for
the PD zone district classification, the required PD Master Plan, and the PD
Terms and Conditions comply with the following standards:
(a) Master Plan

The PD Master Plan:
1. Is prepared by a licensed engineer, architect, landscape

architect, or land planner;
2. Includes a statement of planning objectives for the site;
3. Identifies the general location of land uses within individual

development areas or development pods, and the mix of land
uses;
4. Calculates the acreage, number, type, and mix of land uses,

including the total number of residential units, residential
densities and non-residential intensities within each development
area or development pod, and the total number, type, and mix of
land uses for the entire PD Master Plan;
5. Identifies the general location, amount, and type (whether

designated for active or passive recreation) of open space;
6. Identifies the location of environmentally sensitive lands, wildlife

habitat, and stream corridors;
7. Identifies the on-site transportation circulation system including

all public and private streets, existing or projected transit
corridors, pedestrian and bicycle pathways, and how such on-
Subsection Article 3:3-400(F): General Standards for All PD Districts
site improvements will connect with existing adjacent City

facilities;
8. Identifies on-site potable water and wastewater facilities, how

they will connect to City systems, and how construction will occur
in accordance with City ordinances; and
9. Identifies the general location of all public facility sites serving

the development, including transportation, potable water,
wastewater, parks, fire, police, EMS, stormwater management,
and schools.
(b) Consistency with the General Plan

The PD zone district designation and the PD Master Plan is consistent
with the General Plan.
(c) Compatibility with Surrounding Residential Areas

Development along the perimeter of a PD district is compatible with
adjacent existing or proposed future development. In cases where there
are issues of compatibility, the PD Master Plan shall provide for transition
areas at the edges of the PD district that provide for appropriate buffering
and/or ensure a complimentary character of uses. Complimentary
character shall be identified based on densities/intensities, lot size and
dimensions, building height, building mass and scale, hours of operation,
exterior lighting, and siting of service areas.
(d) Development Phasing Plan

If there are phases of development proposed for the PD, a development
phasing plan shall be provided for the PD Master Plan that identifies the
general sequence or phases in which the land is proposed to be
developed, including how residential and non-residential development
will be timed, how infrastructure (public and private) and open space will
be provided and timed, and how development will be coordinated with
the City’s capital improvements program. The phasing plan shall be
established at the time of approval of the PD Master Plan. It is
permissible for a development phasing plan to include only one (1)
phase.
(e) Conversion Schedule

The PD Master Plan may include a conversion schedule that identifies
the range of conversion that may occur between different types of
residential uses and between different types of non-residential uses (i.e.,
residential to residential, or non-residential to non-residential) within the
PD Master Plan. These conversions may occur within development
areas and between development areas, as long as they occur within the
same scheduled phase of development in the development phasing plan,
and are consistent with established ranges of conversion set down in the
conversion schedule.
(f) On-Site Public Facilities

The PD Master Plan shall establish the responsibility of the
landowner/developer to make any on-site or other public improvements
as required by City ordinances. The PD Master Plan shall ensure that
impacts from the PD Master Plan are addressed for the following:
Subsection Article 3:3-400(F): General Standards for All PD Districts
1. The PD Master Plan shall establish the general location of on-

site potable water facilities and how they will connect to the
City’s potable water system consistent with City laws, and how
dedication of land, easements, and/or on-site construction of all
potable water facilities/improvements will occur in a manner that
complies with City laws.
2. The PD Master Plan shall establish the general location of on-

site wastewater facilities and how they will connect to the City’s
or other wastewater lines and mains and sewer interceptor lines
consistent with City laws, and how dedication of land,
easements, and/or on-site construction of all wastewater
facilities/ improvements will occur in a manner that complies with
City laws.
3. The PD Master Plan District shall establish the design of public

streets within the planned development in ways that comply with
all applicable City standards. Right-of-way, pavement widths,
and street widths may be reduced by the City Council where it is
found that:
a. The PD Master Plan provides for separation of vehicular,

pedestrian, and bicycle traffic;
b. Access for emergency service vehicles is not

substantially impaired;
c. Adequate off-street parking is provided for the uses

proposed; and
d. Adequate space for public utilities is provided within the

right-of-way.
4. The PD Master Plan shall establish the general location and

function of on-site stormwater management facilities in
accordance with City, state, and federal regulations.
5. The PD Master Plan shall establish the responsibility of the

subdivider/owner for providing right-of-way and easements and
for constructing on-site facilities for all other infrastructure
located on the site of the proposed planned development,
including but not limited to police facilities, fire facilities, and EMS
facilities. The PD Master Plan shall also establish the
responsibility of the subdivider/owner to make any other
improvements as required by City ordinances, and, if requested
by the City, to dedicate these improvements to the City in a form
that complies with City laws.
(g) Off-Site Public Facilities

In cases where a proposed PD triggers the threshold requirements of
Section 6-1000, Traffic Impact Standards, a traffic impact analysis (TIA)
shall be prepared in accordance with Section 6-1000.
(h) Planned Development Terms and Conditions
Subsection Article 3:3-400(G): Additional Standards for PD Districts
Concurrent with the approval of the adopting ordinance for the PD zone
district classification and the PD Master Plan, a statement of PD Terms
and Conditions shall be established binding the PD to any conditions
placed in the adopting ordinance and PD Plan. The PD Terms and
Conditions shall include, but not be limited to:
1. The PD Master Plan, including any PD Standards;
2. Conditions related to the approval of the PD Master Plan;
3. Conditions related to the form and design of development in the

PD Master Plan;
4. Provisions related to environmental protection and monitoring;

and
5. Any other provisions the City Council determines is relevant and

appropriate to the implementation of the PD.
3-400(G) Additional Standards for PD Districts
In addition to complying with the general standards of Section 3-400(F), General

Standards for All PD Districts, all PDs shall also comply with the appropriate specific
standards for the individual PD option in this section.
(1) PD-R, Planned Development – Residential District

(a) Location
A PD-R district may be located anywhere within the City, including any
land proposed for annexation.
(b) Minimum Area

A PD-R district shall be a minimum of ten (10) acres in area. The City
Council may waive this minimum area requirement based on a finding
that creative site planning through rezoning to a PD-R district is
necessary to address a physical development constraint, protect
sensitive natural areas, or promote a community goal when more
conventional development or subdivision would be difficult or undesirable
given the constraints on development.
(c) Uses
The uses allowed in the PD-R district are identified in Table 4-100(B),
Table of Allowed Uses. Allowed uses are subject to any use regulations
applicable to the PD-R district. A mix of different residential dwelling
types in close proximity to one another is encouraged. Small-scale
commercial uses serving the development are also allowed.
(d) Densities/Intensities
The densities for residential development and the intensities for non-
residential development for the PD Master Plan and PD-R district
classification shall be established in the PD Master Plan, and shall be
consistent with the General Plan. Densities and intensities may exceed
that allowed in the previously-existing base zoning district being replaced

by the PD designation.
(e) Dimensional Standards

The dimensional standards of Table 5-100(A), Table of Dimensional
Standards in the Residential Zoning Districts, and Table 5-100(B), Table
of Dimensional Standards in the Business Zoning Districts, do not apply
to the PD-R district, but all proposed dimensional standards shall be
established in the PD Master Plan. Dimensional standards shall include
the following:
1. Minimum Dimensional Requirements

The minimum lot area, minimum lot width, minimum and
maximum setbacks, maximum lot coverage, maximum height for
development, maximum individual building size, and floor area
ratios.
2. Setbacks from Adjoining Residential Uses

Minimum setbacks from adjoining residential development or
residential zone districts.
(f) Development Standards

1. Off-Street Parking and Loading
All development in a PD-R district shall comply with the
standards of Section 6-100, Off-Street Parking and Loading,
unless they are modified in the PD Master Plan in ways that are
consistent with the general intent and purpose for the PD-R
district and Section 6-100. Any modifications to the standards of
Section 6-100, Off-Street Parking and Loading, shall be specified
in a Master Parking Plan included as part of the PD Master Plan.
The Master Parking Plan may include parking alternatives which
reduce the number of required off-street parking spaces by a
specific amount through alternative parking strategies including
shared parking, deferred parking, off-site parking, or other
parking alternatives identified in Section 6-100, Off-Street
Parking and Loading.
2. change styleTree and Vegetation Protection

All development in a PD-R district is subject to the retention of
the existing tree canopy, protection of Heritage Trees, tree
protection during construction, and other standards of Section 6-
200, Tree and Vegetation Protection, except that a PD-R district
located in Old Town shall be exempt from the tree canopy
retention standards in Section 6-200(C).
3. Landscaping Standards
a. A PD-R district shall comply with Section 6-300,
Landscaping Standards, except internal uses shall not
be required to provide perimeter buffers. This
requirement may be modified if an Alternative
Landscape Plan that is consistent with the general intent
and purpose for the PD-R district and Section 6-300 is
approved as part of the PD Master Plan.
b. Required riparian buffers (see Section 6-500(A)) shall

not be reduced as part of the approval of any PD-R
district.
4. Fencing Standards
All development in the PD-R district shall comply with the
standards of Section 6-400, Fencing Standards, unless they are
modified in the PD Master Plan in ways that are consistent with
the general intent and purpose for the PD-R district and Section
6-400. Any modifications to the standards of Section 6-400,
Fencing Standards, shall be specified in a Master Fencing Plan
included as part of the PD Master Plan.
5. Open Space Standards

a. All development in a PD-R district shall comply with the
standards of Section 6-600, Open Space Standards,
which shall not be reduced as part of the approval of any
PD-R district.
b. In cases where a PD-R district includes commercial or

other non-residential development, the required
percentage of open space set-aside shall be calculated
based on the total amount of land used for residential,
non-residential, or mixed use purposes respectively.
c. The open space shall be configured, to the maximum

extent practicable, to conserve environmentally sensitive
lands, protect unique site features and resources (i.e.,
large trees and significant wooded areas, wildlife habitat,
and scenic views), and provide contiguity with other
open space, both on- and off-site.
d. Open space set-aside areas contiguous with a public

park or other public recreation land shall not include
structures within fifty (50) feet of the park or recreation
land boundary.
6. Exterior Lighting
All development in a PD-R district shall comply with the exterior
lighting standards of Section 6-700, Exterior Lighting Standards,
consistent with the general intent and purpose for the PD-R
Section 6-700, Exterior Lighting Standards, shall be specified in
a Master Lighting Plan included as part of the PD Master Plan.
7. Design Standards
a. All development in a PD-R district located outside Old
Town shall comply with the standards of Section 6-
800(A), Community Design Standards, Section 6-800(B),
Residential Design Standards, Section 6-800(C),
Commercial and Institutional Design Standards, and

Section 6-800(D), Large Retail Design Standards.
b. All development in a PD-R district located in Old Town

shall comply with the standards of Section 6-800(A),
Community Design Standards, and Section 6-800(E),
Infill Design and Development Standards.
8. Signage
Unless otherwise specifically modified by a PD Master Plan, the
signage in a PD-R district shall comply with the standards of
Section 6-900, Signage. Any modifications to the standards of
Section 6-900 shall be specified in a Master Sign Plan included
as part of the PD Master Plan. The Master Sign Plan shall
establish a design theme that is found to be more consistent with
the unique characteristics of the site and the scale and character
of the surrounding area, as well as a uniform set of
characteristics for all signs to be used in the development. At a
minimum, the Master Sign Plan shall specify colors, materials,
height, width, area, placement, typeface, and the use of any
symbols, designs, or logos.
(2) PD-C, Planned Development – Commercial District

(a) Location
A PD-C district may be located on lands within a NC, LC, CC, or GC
district, or any lands proposed for annexation.
(b) Minimum Area

A PD-C district shall be a minimum of five (5) acres in area. The City
Council may waive the minimum area requirement based on a finding
that creative site planning through zoning to a PD-C district is necessary
to address a physical development constraint, protect sensitive natural
areas, or promote a community goal when more conventional
development or subdivision would be difficult or undesirable given the
constraints on development.
(c) Uses
The uses allowed in the PD-C district are identified in Table 4-100(B),
Table of Allowed Uses. Allowed uses are subject to any use regulations
applicable to the PD-C district. A mix of retail and office with moderate
and higher density residential uses above street levels is encouraged.
residential development for the PD Master Plan and PD-C district
designation shall be established in the PD Master Plan, and shall be

Standards in the Residential Zoning Districts, and Table 5-100(B), Table
of Dimensional Standards in the Business Zoning Districts, do not apply
to the PD-C district. The dimensional standards for the PD-C district
shall be established in the PD Master Plan. Dimensional standards shall
include the following:

development, and maximum individual building size.

Minimum setbacks from adjacent residential development or
zone districts.

All development in a PD-C district shall comply with the
consistent with the general intent and purpose for the PD-C
2. Tree and Vegetation Protection

All development in a PD-C district is subject to the retention of
the existing tree canopy, protection of Heritage Trees, tree
protection during construction, and other standards of Section 6-
200, Tree and Vegetation Protection, except a PD-C district
located in Old Town is exempt from the tree canopy retention
standards in Section 6-200(C).
a. A PD-C district shall comply with Section 6-300,
and purpose for the PD-C district and Section 6-300 is
approved as part of the PD Master Plan.
b. Required riparian buffers (see Section 6-500(A)) shall

not be reduced as part of the approval of any PD-C
District.
All development in the PD-C district shall comply with the
the general intent and purpose for the PD-C district and Section
6-400. Any modifications to the standards of Section 6-400,
Fencing Standards, shall be specified in a Master Fencing Plan
included as part of the PD Master Plan.

a. All development in a PD-C district shall comply with the
standards of Section 6-600, Open Space Standards,
which shall not be reduced as part of the approval of any
PD-C District.
b. The open space shall be configured, to the maximum

c. Open space set-aside areas contiguous with a public

land boundary.
All development in a PD-C district shall comply with the exterior
lighting standards of Section 6-700, Exterior Lighting Standards,
consistent with the general intent and purpose for the PD-C
Section 6-700, Exterior Lighting Standards, shall be specified in
a Master Lighting Plan included as part of the PD Master Plan.
7. Design Standards
a. All development in a PD-C district located outside Old
b. All development in a PD-C district located in Old Town

shall comply with the standards of Section 6-800(A),
Community Design Standards, and Section 6-800(E),
Infill Design and Development Standards.
8. Signage
signage in a PD-C district shall comply with the standards of

(3) PD-MEC, Planned Development - Major Employment Center

(a) Location
A PD-MEC district may be located on:
1. Lands Proposed for Annexation

Lands proposed for annexation intersected by, and in close
proximity to, arterials, major collectors, and interstates.
2. Lands Within the City

Lands within the City intersected by, and in close proximity to,
arterials, major collectors, and interstates, within any of the
following districts: LC, CC, GC, IG, or IB.
(b) Minimum Area

The PD-MEC district shall contain a minimum of ten (10) contiguous
acres of land. The City Council may waive the minimum area
requirement based on a finding that creative site planning through
designation to a PD-MEC district is necessary to address a physical
development constraint, protect sensitive natural areas, or promote a
community goal when more conventional development or subdivision
would be difficult or undesirable given the constraints on development.
(c) Uses
1. Generally
A PD-MEC district is intended to provide for a mix of different
employment uses (i.e., office, research, light industrial), in close
proximity to one another. The uses that may be included within
the PD-MEC district are identified in Table 4-100(B), Table of
Allowed Uses.
2. Moderate and High Density Residential

In addition to employment uses, moderate and high density
residential uses (see Table 4-100(B), Table of Allowed Uses) are
allowed uses in a PD-MEC district, but shall not exceed twenty-
five percent (25%) of the entire building square footage of the
district (single-family detached uses are not allowed in the PD-
MEC district).
3. Commercial
Retail sales and service uses are allowed as accessory uses to
the employment uses, but shall not exceed ten percent (10%) of
the entire building square footage of the PD-MEC district.
(d) Intensities/Densities
residential development for the PD Master Plan and PD-MEC district
classification shall be established in the PD Master Plan, and shall be


Standards in the Residential Zone Districts, and Table 5-100(B), Table of
Dimensional Standards in the Business Zone Districts, do not apply to
the PD-MEC district. The dimensional standards for the PD-MEC district
shall be established in the PD Master Plan. Dimensional standards shall
include the following:


Minimum setbacks from adjacent residential development or
zone districts.

All development in a PD-MEC district shall comply with the
consistent with the general intent and purpose for the PD-MEC

retention of existing tree canopy, protection of Heritage Trees,
tree protection during construction, and other standards of
Section 6-200, Tree and Vegetation Protection, except a PD-
MEC district located in Old Town is exempt from the tree canopy
a. A PD-MEC district shall comply with Section 6-300,
and purpose for the PD-MEC district and Section 6-300
is approved as part of the PD Master Plan.
b. Perimeter Buffers
i. A semi-opaque Type C buffer with a minimum

width of fifty (50) feet (see Table 6-300(F)(1),
Buffer Classifications) shall be required around
the perimeter of a PD-MEC district, except
where the PD-MEC district is adjacent to land
used by or designated for single-family detached
residential development. In instances where the
PD-MEC district is adjacent to land used by or
designated for single-family detached residential
development, a fifty- (50) foot Type D buffer is
required (see Table 6-300(F)(1)).
ii. Such buffer areas shall be developed and

maintained in accordance with Section 6-300(F),
Perimeter Buffers.
iii. The City Council may modify the width of the

perimeter buffer around the site through an
approved Alternative Landscaping Plan based
on the proposed buffer's ability to mitigate
potential adverse impacts on adjacent lands and
rights-of-way.
c. Required riparian buffers (see Section 6-500(A)) shall

not be reduced as part of the approval of any PD-MEC
district.
All development in the PD-MEC district shall comply with the
the general intent and purpose for the PD-MEC district and
Section 6-400. Any modifications to the standards of Section 6-
400, Fencing Standards, shall be specified in a Master Fencing
Plan included as part of the PD Master Plan.

a. All development in a PD-MEC district shall comply with
the standards of Section 6-600, Open Space Standards.
b. In cases where a PD-MEC includes residential

development, the required percentage of open space
set-aside shall be calculated based on the total amount
of land used for residential, non-residential, or mixed use
purposes, respectively.
c. The open space shall be configured, to the maximum

d. Required perimeter buffers may be credited towards the

open space requirements in accordance with Section 6-
600(C), General Open Space Standards.
e. Open space set-aside areas contiguous with a public

land boundary.
exterior lighting standards of Section 6-700, Exterior Lighting
Standards, unless they are modified in the PD Master Plan in
ways that are consistent with the general intent and purpose for
the PD-MEC district and Section 6-700. Any modifications to the
standards of Section 6-700, Exterior Lighting Standards, shall be
specified in a Master Lighting Plan included as part of the PD
Master Plan.
7. Design Standards
a. All development in a PD-MEC district located outside
Old Town shall comply with the standards of Section 6-
b. All development in a PD-MEC District located in Old

800(A), Community Design Standards, and Section 6-
800(E), Infill Design and Development Standards.
8. Signage
Unless otherwise specifically modified by a PD Master Plan,
signage in a PD-MEC district shall comply with the standards of
(4) PD-TND, Planned Development – Traditional Neighborhood Development

District
(a) Location
A PD-TND district may be located anywhere within the City, including
lands proposed for annexation.
(b) Area
1. Minimum Development Size
The PD-TND district shall contain a minimum of ten (10)

contiguous acres of land. The City Council may waive the
minimum area requirement based on a finding that creative site
planning is necessary to address a physical development
constraint, protect sensitive natural areas, or promote a
community goal when more conventional development or
subdivision would be difficult or undesirable given the constraints
on development.
2. Maximum Development Size

a. A PD-TND district should be of sufficient size and design
to ensure pedestrian activity. At least ninety percent
(90%) of all residential dwelling units should be within a
five (5) minute walk of the neighborhood center or a sub-
center of the neighborhood. For the purposes of this
sub-section, a neighborhood center or sub-center shall
consist of a formal open space area (such as a square,
commons, green, or active recreation area) that is
adjacent to non-residential or civic uses (such as a
school, religious institution, or other government
building), and served by one (1) or more prominent
street intersections.
FIGURE 3-400(G)(1): PD-TND CONFIGURATION
b. An individual PD-TND development may be served by a

series of sub-centers, but each sub-center should be no
more than approximately one thousand two hundred fifty

(1,250) linear feet (a five (5) minute walk) from ninety
percent (90%) of the residential dwelling units that the
sub-center serves.
(c) Uses
1. Generally
A PD-TND district should be structured to provide a mix of uses,
like residential, retail, employment, civic, and recreational uses.
The integration of residential and non-residential uses allows
residents to meet more of their daily needs within the
development. In addition, provision of a variety of housing
options is required to allow a greater diversity of residents within
the neighborhood.
2. Specific Uses
The uses that are allowed in the PD-TND district are identified in
Table 4-100(B), Table of Allowed Uses. Allowed uses are
subject to any use regulations applicable to the PD-TND district.
3. Use Mixing
a. A minimum of fifteen percent (15%) of the land area in a
PD-TND district shall be devoted to non-residential uses,
including civic uses, which are encouraged, but not
required. Residential uses are allowed on the upper
floors of these uses, as appropriate.
b. Mixed residential and non-residential uses are

encouraged within a single project or structure,
particularly integrated or vertical mixed use projects, in
which uses are located on different floors of a single
structure.
c. To encourage a diversity of housing options while at the

same time preventing visual monotony in
neighborhoods, no single housing type (e.g., single-
family detached, single-family attached, townhouse,
multiple family dwelling, etc.) may comprise more than
sixty percent (60%) of the total number of dwelling units
in a PD-TND district, unless it is demonstrated a less
diverse mix is more appropriate.
residential development for a PD-TND district shall be established in the
PD Master Plan, and shall be consistent with the General Plan.
Densities and intensities should be sufficient to support a compact,
pedestrian-oriented environment.

Standards in the Residential Zone Districts, and Table 5-100(B), Table of
Dimensional Standards in the Business Zone Districts, do not apply to
the PD-TND district. The dimensional standards shall be established in

the PD Master Plan. Dimensional standards shall include the following:


Minimum setbacks from adjoining residential development or
zone districts.
3. Build-to Lines
a. Build-to/maximum setback lines that establish a strong
street edge by bringing buildings up to or within five (5)
feet of the sidewalk line are encouraged.
b. Front porches and stoops, canopies, and colonnades

shall be allowed to encroach into the setback, where a
setback may be required. Balconies may encroach up to
five (5) feet into the front setback or right-of-way, but not
into side or rear setbacks. In no case shall a balcony or
other second-story encroachment located over the right-
of-way be less than nine (9) feet above the grade level.
4. Building Footprints
a. The maximum residential building footprint shall not
exceed seventy-five percent (75%) of the lot.
b. The maximum non-residential structure footprint shall

not exceed ninety percent (90%) of the lot.

All development in a PD-TND district shall comply with the
consistent with the general intent and purpose for the PD-TND
district and Section 6-100. In general, the PD-TND district is
encouraged to reduce surface parking in favor of on-street
parking, structured parking located away from the street front,
and shared parking arrangements. Any modifications to the
shall be specified in a Master Parking Plan included as part of
the PD Master Plan.

All development in a PD-TND district shall comply with the
retention of existing tree canopy, protection of Heritage Trees,
tree protection during construction, and other standards of
Section 6-200, Tree and Vegetation Protection, except a PD-
TND district located in Old Town is exempt from the tree canopy
a. General
A PD-TND district shall comply with Section 6-300,
and purpose for the PD-TND district and Section 6-300
is approved as part of the PD Master Plan.
b. Street Trees
In lieu of the streetscape landscaping
standards in Section 6-300(G), Streetscape
Landscaping, street trees shall be provided on
both sides of all streets based upon the
standards in Section 6-800(A)(2)(g), Street
Trees.
c. Riparian Buffers
Required riparian buffers (see Section 6-
500(A)) shall not be reduced as part of the
approval of any PD-TND district.
All development in the PD-TND district shall comply with the
the general intent and purpose for the PD-TND district and
400, Fencing Standards, shall be specified in a Master Fencing
Plan included as part of the PD Master Plan. In no case shall
the maximum fence heights established in Section 6-400 be
increased within a PD-TND district.

a. General
All development in a PD-TND district shall
comply with the standards of Section 6-600,
Open Space Standards, which shall not be
reduced as part of the approval of any PD-TND
district.
b. Design
Open space should be designed in a hierarchy
of formal and informal spaces and used to
enhance community activity, identity, and civic
pride. Formal open spaces consist of squares,
greens, common areas, or other park-like
settings where residents of the neighborhood
may gather. Such areas are bounded by
streets and/or buildings, and are typically

located in or near the geographic center of the
neighborhood. Informal open spaces are
typically located throughout the development,
and take the form of meandering walking
paths, greenways, pocket parks, passive
recreation areas, and areas set aside for
vegetation retention.
c. Formal Open Space
Some portion of the open space provided
within a PD-TND district should be located so
as to serve as a central open space or
gathering area for the development.
d. Contiguous to Public Parks
Open space set-aside areas contiguous with a
public park or other public recreation land shall
not include structures within fifty (50) feet of the
park or recreation land boundary.
Unless modified by the PD Master Plan, development in a PD-
TND district shall comply with the exterior lighting standards of
Section 6-700, Exterior Lighting Standards, unless they are
the general intent and purpose for the PD-TND district and
700, Exterior Lighting Standards, shall be specified in a Master
Lighting Plan included as part of the PD Master Plan.
7. Design Standards
a. All development in a PD-TND district located outside Old
b. All development in a PD-TND district located in Old

800(A), Community Design Standards, and Section 6-
800(E), Infill Design and Development Standards.
8. Signage
signage in a PD-TND district shall comply with the standards of
(g) Building Configuration

1. Public Buildings and Uses
Public buildings and uses, including Government Facilities,
Community Service uses, and Educational Facilities, serve as
focal points and landmarks for the community within a PD-TND
district and should be located on prominent sites, such as
terminal vistas at the end of streets and on prominent street
corners. The PD Master Plan shall designate the general
location of publicly or privately owned civic lots for civic buildings
and uses, including public monuments or gateways into an
ensuing space, as the terminus of street vistas for all major
internal streets. In addition, public buildings and uses shall be
located fronting on or adjacent to a square, plaza, or village
green whenever possible.
2. Location and Relationship Between Buildings

In a PD-TND district, private buildings should be used to define
the street edge and the distinction between the public domain of
the street and the private space of individual lots. To this end,
buildings should have a fairly consistent, narrow setback
alignment along the street frontage.
3. Relationship Between Building Types

Buildings in a PD-TND district should be built on a human scale
and designed with a common, harmonious architectural
vocabulary and landscaping to lend an intimate and personal feel
to the streetscape. The intent should not be to create a uniform
appearance, but rather a distinct sense of place.
FIGURE 3-400(G)(2): PD-TND BUILDING CONFIGURATION
(5) PD-PED, Planned Development – Planned Educational District

(a) Applicability
A PD-PED may be applied to any college or university campus lands
within the City over seventy (70) acres in area. If applied to college or
university campus lands, the PD-PED shall apply to the entire contiguous
campus site.
(b) Procedures
1. General
Prior to development, a PD-PED shall be reviewed and approved
or approved with conditions in accordance with Section 2-300(B),
Planned Development District.
2. No Final PD Plan Required: Zoning Permit and Certificate of

Conformity
After approval of a PED zone district classification, PED Master
Plan, and PED Terms and Conditions, the only subsequent
development permit required in the PED is a Zoning Permit
(Section 2-300(O)) and a Certificate of Conformity (Section 2-
300(P)). The standard of review applied to each permit is
whether the proposed development is in substantial

conformance with the PED Master Plan and the PED Terms and
Conditions.
3. Expiration
The expiration provisions of Section 2-300(B)(4)(g), Expiration,
shall not apply to a PED. If a landowner determines it is
necessary to alter the concept of the PED Master Plan and/or
the PED Terms and Conditions, they shall be amended in
accordance with Section 2-300(B)(4)(i), Amendments.
(c) Standards for PED

Prior to approval of a PED zone district classification, the City Council
shall find the application for the PED zone district classification, the
required PED Master Plan, and the PED Terms and Conditions complies
1. Development Parameters
a. PED Master Plan
The PED Master Plan:
i. Divides the site into two (2) areas: an Internal
Area and a Perimeter Area.
i. The Perimeter Area shall include the

exterior lands on the site that adjoin
contiguous off-site properties. The
Perimeter Area shall be a minimum of
one hundred fifty (150) feet around the
boundaries of the site.
ii. The Interior Area shall include lands on

the site that are only contiguous to other
college or university campus lands.
They shall be lands whose development
only impacts other lands within the PD-
PED.
ii. Identifies in a conceptual way the general

location of land uses within the Internal Area and
Perimeter Area, the overall amount of
development allowed (including the overall
amount of residential, institutional, and other
non-residential uses) in both the Internal Area
and Perimeter Area, and the mix of land uses;
iii. Identifies the general location, amount, and type

(whether designated for active or passive
recreation) of open space;
iv. Establishes the ultimate build-out densities and

intensities for development;
v. Identifies the location of environmentally

sensitive lands and stream corridors;
vi. Includes an Off-street Parking Plan;
vii. Includes a Traffic Impact Analysis and any

mitigation necessary for the City Street System
beyond the PD-PED;
viii. Includes an On-Site Traffic Circulation Plan;
ix. Includes a Stormwater Management Plan;
x. Includes a Utilities Plan; and
xi. Identifies how development of the PED Master

Plan will comply with the standards of Section 3-
400(G)(5)(c)(2), Interior Area Standards, and
Section 3-400(G)(5)(c)(3), Perimeter Area
Standards.
b. Uses
The uses allowed in the PED Master Plan and
PED are identified in Table 4-100(B), Table of
Allowed Uses. Allowed uses are subject to any
use regulations applicable to the PD-PED.
c. Densities/Intensities
The densities and intensities for development
in the PD-PED shall be established in the PED
Master Plan (there are no minimum or
maximum densities or intensities for the PED
district).
d. Dimensional Standards
i. Building heights within the Interior Area shall not
exceed sixty (60) feet measured from the top of
the roof. Bell towers, cupolas, and similar
features are excluded from this standard, but in
no instance shall such features exceed one
hundred (100) feet.
ii. The dimensional standards within the Perimeter

Area shall comply with the standards of Section
3-400(G)(5)(c)(3)(a), Perimeter Area
Dimensional Standards.
e. Development Phasing Plan

If there are phases of development proposed
for the PD-PED, a development phasing plan
shall be provided for the PED Master Plan that
identifies the general sequence or phases in

which the land is proposed to be developed.
The phasing plan shall be established at the
time of approval of the PED Master Plan. It is
permissible for a PED Master Plan to include
no phasing plan.
f. Conversion Schedule
The PED Master Plan may include a
conversion schedule that identifies the range of
conversion that may occur between different
types of uses within the PED Master Plan (i.e.,
residential to residential, non-residential to
non-residential, institutional to non-residential,
non-residential to institutional, or residential to
institutional, etc.). These conversions may
occur within development areas and between
development areas, as long as they occur
within the same scheduled phase of
development in the development phasing plan
(if there are phases), and are consistent with
established ranges of conversion set down in
the conversion schedule.
g. Off-street Parking and Loading Plan
The Off-street Parking Plan shall estimate the
off-street parking needs for the development
proposed in the PED Master Plan, and
demonstrate in a general sense how parking
will be provided on site as development occurs.
The plan is not required to identify the specific
location of any off-street parking areas on the
site, except in the Perimeter Area, or to comply
with any other of the requirements of Section
6-100, Off-Street Parking and Loading
Standards, except for the parking space
standards established in Table 6-100(D)(1),
Minimum Off-Street Parking Standards, unless
it is demonstrated different off-street parking
space standards are more appropriate
because of the pedestrian nature of
development proposed in the PED Master
Plan, or other factors.
h. External Traffic Impact
The Traffic Impact Analysis (TIA) shall evaluate

the impact the development proposed in the
PED Master Plan will have on the City Street
System, and if appropriate, mitigate facilities on
the City Street System that will be adversely
impacted.
i. On-site Traffic Circulation Plan
The On-site Traffic Circulation Plan shall
identify how internal roads will connect to the
Greater City Street System.
j. Stormwater Management Plan
The Stormwater Management Plan shall
establish the general location and function of
on-site stormwater management facilities in
accordance with City, state, and federal
regulations.
k. Utilities Plan
The Utilities Plan shall generally demonstrate
the location and size of on-site potable water
and wastewater facilities, how they will connect
to City systems, and how they comply with City
standards, and how the electric service
providers will provide electricity to the site.
l. PED Terms and Conditions
The PED Terms and Conditions shall include,
but are not be limited to:
i. The PED Master Plan;
ii. Conditions related to the approval of the PED

Master Plan;
iii. Conditions related to the form and design of

development in the Perimeter Area of the PED;
iv. Provisions related to external traffic impact,

connecting the internal traffic circulation system
to the Greater City Street System, storm water
management, and the provision of utilities on the
site;
v. What constitutes amendments and minor

deviations; and
vi. Any other provisions the City Council determines

are relevant and appropriate to the
implementation of the PED.
2. Interior Area Standards

a. General
There are no additional development standards
applied to the Interior Area of the PED, except
the lighting standards for sports fields and
performance arenas in Section 3-
400(G)(5)(c)(2)(b), Lighting Fixtures for
Outdoor Sports Fields and Performance Areas.
b. Lighting Fixtures for Outdoor Sports Fields and
Performance Areas
All lighting fixtures for outdoor sports fields and
performance areas shall be equipped with a
glare control package (e.g., louvers, shields, or
similar devices), and the fixtures shall be
aimed so their beams are directed and fall
within the primary playing or performance area.
The hours of operation for the lighting system
for any game or event shall not exceed one (1)
hour after the end of the game or event.
3. Perimeter Area Standards

The following additional standards shall apply or be established
for development in the Perimeter Area. The PED Master Plan
shall comply with these standards.
a. Perimeter Area Dimensional Standards

i. The maximum height of buildings in the first one
hundred and fifty (150) feet of the Perimeter
Area shall not exceed four (4) stories unless the
Fire Marshall further limits the height of the
building for safety reasons, or a more restrictive
set of height standards are established as part
of the PED Master Plan.
ii. Building setbacks from public streets and/or

adjacent lands outside the PED district shall be
established as part of the PED Master Plan to
ensure compatibility of development scale and
form between buildings in the Perimeter Area
and development on off-site adjacent lands.
Building setbacks established shall be based on
the unique characteristics of the site, the
setbacks of buildings on the site in relation to
public streets and development on off-site
adjacent lands, and the character and scale of

land uses on off-site adjacent lands.
b. Perimeter Area Building Facades, Orientation, and

Roofs
i. New buildings adjoining public streets shall be
oriented toward the street and have compatible
exterior facades with adjacent buildings within
the Perimeter Area. Compatibility shall be
demonstrated by documentation that the design
of a proposed Perimeter Area building is
compatible with other adjoining on-site buildings,
considering both architectural and site design
factors;
ii. To the maximum extent practicable, an operable

building entrance shall face the street;
iii. To the maximum extent practicable, front

façades sixty (60) feet wide or wider shall
incorporate wall offsets of at least two (2) feet in
depth a minimum of every forty (40) feet.
Material changes, pilasters, and/or roofline
changes may be used as an alternative to wall
offsets if it can be demonstrated the alternative
achieves the same massing effect; and
iv. All roof-based mechanical equipment, as well as

vents, pipes, antennas, and other roof
penetrations (with the exception of chimneys),
shall be screened so as to have a minimal visual
impact as seen from any off-site development.
c. Perimeter Area Lighting

A Lighting Plan for the Perimeter Area shall be included
as part of the PED Master Plan. The Lighting Plan shall
establish lighting guidelines and standards that ensures
lighting within the Perimeter Area is consistent with
traditional lighting practices on the campus, and
prevents the glare of lights into existing residential areas
that are adjacent to the PD-PED.
d. Perimeter Area Parking Areas

A screening and landscaping plan shall be included for
off-street parking areas located within the Perimeter
Area that are immediately adjacent to or across a public
street right-of-way from existing single-family
development, or vacant lands with the following zone
district classifications: SF-2, SF-3, SF-4, and SF-5. The
plan shall ensure the parking areas are adequately
landscaped and screened.
e. Perimeter Area Landscaping
A Master Landscaping Plan shall be prepared

for the Perimeter Area as part of the PED
Master Plan. The Master Landscaping Plan
shall be consistent with the landscape
traditions of the existing campus (if a campus
exists on the site), or establish a landscape
theme (if the site is for a new campus), and
shall establish principles and standards for
appropriate site landscaping, buffering, and
tree planting requirements in the Perimeter
Area. Different guidelines and standards may
be established for different portions of the
Perimeter Area.
f. Perimeter Area Signage
Unless otherwise specifically modified in the
PED Master Plan, signage in the Perimeter
Area shall comply with the standards of
Section 6-900, Signage. Any modifications to
the standards of Section 6-900 shall be
specified in a Master Sign Plan for the
Perimeter Area. The Master Sign Plan shall
establish a design theme that is consistent with
the unique characteristics of the campus, and
ensure that signs placed within the Perimeter
Area maintain the traditions of the campus (if a
campus already exists), or establishes a
signage theme. At a minimum, the Master
Sign Plan shall specify colors, materials,
aesthetic balance and composition, height,
width, area, placement, typeface, and the use
of any symbols, designs, or logos.
4. Amendments and Minor Deviations
What constitutes an amendment and what constitutes a minor
deviation of a PED Master Plan shall be established in the PED
Master Plan and Terms and Conditions. An amendment to a
PED Master Plan or PED Terms and Conditions shall be
reviewed and approved in accordance with the procedures and
standards for its original approval. Minor deviations shall be
reviewed in accordance with Section 2-300(B)(4)(h), Minor
Deviations.
Section 3-500: Overlay Districts
3-500 OVERLAY DISTRICTS
Lands in the City may be classified one (1) of the base zone districts in Section 3-200,
Residential Districts or Section 3-300, Business Districts, or one (1) of the planned
development districts in Section 3-400, Planned Development Districts, and also one of
the overlay districts set forth in this section. Where land is classified into an overlay
district as well as a base zone district, the regulations governing development in the
overlay district shall apply in addition to those required by the base zone district. Overlay
districts may also provide a more flexible alternative to base zone district regulations
(e.g., lot size, minimum setbacks, etc.) in recognition of areas that are already
established with their own distinct character. In the event of a conflict between the
standards governing a base zone district and those governing an overlay district, the
standards governing the overlay district shall control.
3-500(B) Districts
(1) YR-1, Road Corridor Overlay District

(a) Purpose and Intent
The YR-1 Road Corridor Overlay district is established to preserve and
enhance the appearance of lands and operational characteristics of
designated arterial and major collector streets so as to ensure safe travel
within the corridor that is part of the overlay district.
(b) Applicability
The YR-1 Road Corridor Overlay district is identified on the Official Zone
District Map, and includes lands within two hundred fifty (250) linear feet
of the edge of the right-of-way associated with the following streets:
1. Heckle Boulevard: From Albright Road to Celanese Road;
2. Celanese Road: From Heckle Boulevard to Sturgis Road;
3. West Main Street: From South Cherry Road to Tools Fork Creek;
4. Cherry Road: From the Catawba River to Heckle Boulevard;
5. Saluda Street/Road: From Johnston Street to Oakdale Road;
6. Mount Holly Road: From Albright Road to I-77;
7. Albright Road: From East Main Street to Saluda Road;
8. East Main Street: From Albright Road to South Anderson Road;
9. North Anderson Road: From Cherry Road to the railroad

overpass north of Dave Lyle Boulevard;
10. South Anderson Road: From the railroad overpass north of Dave
Lyle Boulevard to I-77;
11. Constitution Boulevard: From West Main Street to South Herlong

Avenue;
Subsection Article 3:3-500(B): Districts
12. Dave Lyle Boulevard: From Friedheim Road to Celanese Road

Extension;
13. Cowan Road: From South Anderson Road to East Main Street;
14. South Herlong Avenue: From Ebenezer Road to West Main

Street;
15. Herlong Avenue: From Ebenezer Road to India Hook Road;
16. India Hook Road: From Herlong Avenue to Celanese Road; and
17. Ebenezer Road: From Oakland Avenue to Celanese Road.
(c) Standards
1. Coordination of Vehicular and Pedestrian Circulation
Except for single-family dwellings, a development proposal shall
be designed to ensure that pedestrian and vehicular circulation is
coordinated with adjacent properties.
2. Site Access
Unless provided in accordance with an approved Site Access
Study, all access points via curb and/or median cuts within the
YR-1 Road Corridor Overlay district shall comply with the
standards in SCDOT’s Access and Roadside Management
Standards manual for streets. In addition:
a. Site access shall be designed in a manner that does not

impede traffic on a street intended to carry through-
traffic, including access from:
i. A street not intended for through-traffic;
ii. An internal circulation drive associated with a

shopping center, retail, or office complex;
iii. A functional service drive which provides

controlled access to the site; or
iv. An accessway shared with other existing uses.
b. The subdivision of land (see Section 2-300(I)) shall not

result in any increase in the total number of access
points permitted along any given segment of a street
within the YR-1 Road Corridor Overlay district.
Measurement of access points shall be from the nearer
street right-of-way edge of the intersecting street to the
centerline of the curb or median cut. Measurement
between access points shall be from centerline to
centerline.
c. Any parcel or lot of record as of November 26, 1992,

shall be allowed one (1) access point across its street
frontage, the location and design to be approved by the

d. Street segments within the YR-1 Road Corridor Overlay

District shall maintain a minimum design speed of fifty
(50) miles per hour and level of service (LOS) “C”
regardless of existing or proposed access points. A
subsequent change of speed limit or service level shall
not effect this requirement.
3. Site Access Study (SAS)

Any deviation from the standards in Section 3-500(B)(1)(c)(2)
shall require prior approval of an SAS by the City and SCDOT.
The SAS shall be prepared by a registered engineer licensed in
South Carolina as a practicing Traffic/Transportation Engineer,
and shall be factored with future growth consideration at
maximum development, roadway capacity of eighty percent
(80%), a road speed maintained at fifty (50) miles per hour
(mph), and LOS “C” conditions. The SAS shall, at a minimum,
include all of the following elements:
a. Peak hour trip generation for all proposed land uses as

depicted in ITE’s most recent Trip Generation Manual.
The owner/developer may propose alternative rate
estimates prior to preparing an SAS for consideration by
the City and SCDOT;
b. Trip distribution to major attractors and surrounding

areas;
c. Capacity analysis of adjacent intersections and all

proposed access points in accordance with procedures
of the Transportation Board’s Highway Capacity Manual,
(as amended);
d. Analysis and justification for the number of access points

and any other alternatives proposed by the developer or
governmental agency;
e. Recommendations for the number and location of

access points in accordance with calculated capacity
and alternatives analysis;
f. An appendix which includes all calculations and other

applicable information; and
g. A mitigation plan to address any deficiencies expected to

result from the proposed development.
4. Signage
a. Development within the YR-1 Road Corridor Overlay
district shall provide a Sign Plan, which shall indicate
how proposed signage complies with the standards in
Section 6-900(D), Standards for All Signs, Section 6-
900(E), Additional Standards for Signs Requiring Sign

Permits, and shall include a plan depicting the location of
all freestanding signs in relation to the street right-of-
way, site triangles, buildings, access points, and
property lines, as well as dimensions and elevation
views of all proposed freestanding signs.
b. Except for freestanding signs within the Cherry Street

and Saluda Street corridors, the ZBA may grant up to a
fifty percent (50%) increase in sign area beyond the
maximum allowed in Table 6-900(E), Specifications for
Signs Requiring Permits, through the issuance of a
Variance Permit (see Section 2-300(E)). In the case of
freestanding or wall signs, a fifty percent (50%) increase
may be approved provided the total combined square
footage of both types of signs do not exceed the
maximum combined sign square footage permitted in
Table 6-900(E), Specifications for Signs Requiring
Permits.
c. The subsequent subdivision of land shall not result in

any increase in the total number of freestanding signs in
the YR-1 Road Corridor Overlay district.
d. All freestanding signs in the Cherry Road and Saluda

Street/Road YR-1 Road Corridor Overlay district
corridors shall be removed, changed, altered, or
otherwise brought into compliance with the standards of
this Ordinance, as required in Section 8-500(C),
Amortization of Nonconforming Signs.
5. Mobile and Manufactured Structures

No permanent mobile or manufactured structure (including a
mobile or manufactured home) may be erected or placed on any
lot within the YR-1 Road Corridor Overlay district, except for
those buildings which are solely for sale at a manufactured home
sales lot, and for sale by a person licensed by state law to sell
manufactured homes. This section shall not apply to mobile
homes or manufactured homes placed in the YR-1 Road
Corridor Overlay district in accordance with a Temporary Use
Permit (see Section 4-500).
(2) YH, Historic Overlay District

(a) General Purposes
The purpose of YH Historic Overlay district is to promote the educational,
cultural, economic, and general welfare of the public by providing a
mechanism for the identification, recognition, preservation, maintenance,
protection, and/or enhancement of old, historic, and architecturally
valuable structures, properties, districts, and/or neighborhoods which
serve as visible reminders of the social, cultural, economic, political,
and/or architectural history of the City. More specifically, the purposes of
the YH Overlay district are to:
1. Foster civic pride;
2. Preserve the City's heritage;
3. Preserve the character and desirable historic, architectural, and

aesthetic features of the City;
4. Conserve and improve the value of land designated under the

district;
5. Protect and enhance the attractiveness of the City to residents,

businesses, tourists, visitors, and shoppers;
6. Protect and enhance the quality of life for local residents;
7. Foster wider public knowledge and appreciation of structures

that provide a unique and valuable perspective on the social,
cultural, and economic mores of past generations;
8. Foster architectural creativity by preserving physical examples of

outstanding architectural techniques of the past; and
9. Encourage new structures and developments that will be

harmonious with existing structures, properties, areas, and sites
designated in accordance with this section, and complement the
character of existing structures.
(b) Applicability
1. Historic District
The YH Historic Overlay district is identified on the Official Zone
District Map, and in the boundary descriptions listed in Appendix
3-A, YH Historic Overlay Districts and Historic Properties.
2. Historic Properties
Historic Properties are listed in Appendix 3-A, YH Historic
Overlay Districts and Historic Properties.
(c) Procedure
The procedures for an amendment to this Ordinance for a YH Historic
Overlay district designation or an Historic Property designation shall be
the same as that provided for an amendment to the Official Zone District
Map (Section 2-300(A), Amendments to Text and Official Zone District
Map (Rezone)), except that the BHR shall review the application and
make a recommendation to the Planning Commission on the merits of
the application. The advisability of amending this Ordinance to
designate a YH District Historic Overlay district designation or an Historic
Property designation is a matter committed to the legislative discretion of
the City Council.
(d) Standards for Designation of a YH Historic Overlay District or

Historic Property
In designating a YH Historic Overlay District or Historic Property, the City
Council shall consider the following:
1. Generally
Whether lands, buildings, or structures have historical or

archeological significance. Lands or buildings or structures shall
be presumed to have historical or archeological significance if
they meet any of the following:
a. They are located within a district listed on the National

Register of Historical Places.
b. They are a site of archeological significance to the City,

state, or nation;
c. They are a site of a significant event in the history of the

City, state, or nation;
d. They are a site identified with a person who made

significant contributions of historical noteworthiness to
the City, state, or nation.
e. They are identified as the work of a master builder,

designer, or architect whose individual work has
influenced the development of the City, state, or nation;
f. They are recognized for the quality of architecture, and

retain sufficient elements showing architectural
significance;
g. They have distinguishing characteristics of an

architectural style, value for the study of a period,
method of construction, or use of indigenous materials;
or
h. They are in a geographically definable area possessing

a significant concentration, or continuity of sites, pattern
of development, buildings, objects or structures united in
past events that is of historical significance to the City,
state, or nation.
(e) Development in YH Historic Overlay District or Historic Property

1. Certificate of Appropriateness Required
Once land, buildings, or structures are classified YH Historic
Overlay district, or designated as a Historic Property, no
demolition, new construction, addition, or alteration of exterior
architectural features shall occur without the issuance of a
Certificate of Appropriateness in accordance with Section 2-
300(G)(1), Certificate of Appropriateness. The certificate shall
occur prior to any demolition, new construction, addition, or
alteration of exterior architectural features.
2. Certificate of Hardship
In cases where a Certificate of Appropriateness is denied or

unattainable, alterations to a structure may be permitted through
the issuance of a Certificate of Hardship in accordance with
Section 2-300(G)(2), Certificate of Hardship.
(3) NC-O, Neighborhood Conservation Overlay District

(a) General Purpose
The Neighborhood Conservation Overlay (NC-O) district is established
and intended to conserve residential neighborhoods and areas in the
City that retain the character of early periods of development, stabilize
and improve land values in such areas, and promote development that is
compatible with the character of such areas. These standards
supplement the applicable standards found in the underlying zone
district, and do not affect permitted uses.
(b) Minimum Standards for Designation of an NC-O District

The following shall be the minimum standards that must be met prior to
the City Council designating an NC-O district:
1. Amendment to Official Zone District Map

The NC-O district designation shall be reviewed and approved
by the City Council as an amendment to the Official Zone District
Map, in accordance with Section 2-300(A), Amendments to Text
and Official Zone District Map;
2. Sixty-Five Percent (65%) of Land Developed

At least sixty-five percent (65%) of the land area within the
proposed district, not including street and other rights-of-way,
shall be developed;
3. Development Patterns Evidence On-going Effort to Maintain or

Rehabilitate
Development patterns in the district evidence an on-going effort
to maintain or rehabilitate the character and physical features of
existing buildings in the district;
4. Pressure for Development or Redevelopment

There is existing or potential pressure for new development or
redevelopment and new infill development;
5. Development Standards Encourage Retention of General

Character and Appearance of Existing Development
The development standards applied to the district shall
encourage the retention of the general character and
appearance of existing development in the district; and
6. Approved Master Plan

A Master Plan for the neighborhood specifying the development
context in the district has been approved by the City Council.
(c) Uses
All uses specified in Table 4-100(B), Table of Allowed Uses, as allowed
in the underlying base zone district are allowed in the NC-O district,
unless modified by the NC-O district standards.
(d) Establishment of Individual NC-O Districts

The City Council may establish individual NC-O districts in accordance
with Section 3-500(B)(3)(b), Minimum Standards for Designation of an
NC-O District, each subject to the standards in Section 3-500(B)(3)(e),
General Development Standards for All NC-O Districts. In establishing a
new NC-O district, the City Council may also establish a unique set of
development standards in addition to the general development standards
applicable to all NC-O districts.
(e) General Development Standards for All NC-O Districts

All new development in a NC-O district shall comply with the
development standards adopted by the City Council when each district is
established. Such standards may, but are not required to include issues
like building orientation, building setbacks, building heights, lot coverage
limits, appearance (e.g. roof pitch, materials, shape/alignment of
windows and doors, presence of front porches, etc.), the preservation of
any special features in the district, and district-specific design standards.
In the case of conflict between the NC-O district standards and any other
standards of this Ordinance (including those contained in Article 6:
Development and Design Standards), the NC-O district development
standards shall govern.
(4) AO, Airport Overlay District

[Placeholder]
(5) SCO, Special Corridor Overlay District

[Placeholder]
Section 3-600: Appendix 3-A: YH Historic Overlay Districts and Historic Properties
3-600 APPENDIX 3-A: YH HISTORIC OVERLAY DISTRICTS AND HISTORIC PROPERTIES
3-600(A) Historic District Designations
The districts described herein are designated as permanent YH Historic Overlay Districts.
(1) Rock Hill Downtown Historic District

Properties on East Main, East White and Caldwell Streets, Oakland Avenue and
St. John's Court consisting of the following tax parcel numbers as shown on 1991
tax maps:
627-15-02-005
627-16-01-001 through -006
627-16-02-001 and part of -002
627-16-02-006
627-16-02-017 through- 023
627-18-05-003 through- 006
627-19-01-015
All as is more fully shown on a map entitled "Rock Hill Downtown Historic District"
dated December 23, 1991 on file in the City of Rock Hill Planning and
Development Department.
(2) Marion Street Area Historic Districts

operties on Marion, Center, Whitner, Green and Hampton Streets consisting of
the following tax parcel numbers as shown on 1991 tax maps:
600-04-01-002 through -010
600-04-01-012
600-04-01-024
600-06-01-009
600-03-02-001 through -010
600-03-02-022 through -025
600-03-03-001
600-03-03-015 through -018
All as is more fully shown on a map entitled "Marion Street Area Historic District"
dated June 24, 1991 on file in the City of Rock Hill Planning and Development
Department.
(3) Charlotte Avenue/Aiken Avenue Historic District

Properties on Charlotte, Aiken, Union and College Avenues consisting of the
following tax parcel numbers as shown on 1991 tax maps:
629-06-03-010
629-06-03-011
629-06-07-002 through -007
629-12-01-006
629-12-01-008
All as is more fully shown on a map entitled "Charlotte Avenue/Aiken Avenue

Historic District" dated June 24, 1991, on file in the City of Rock Hill Planning and
(4) Reid Street/North Confederate Avenue Area Historic District

Properties on East Main, Reid and East White Streets, Elizabeth Lane and North
Confederates Avenue consisting of the following tax parcel numbers as shown
on 1991 tax maps:
627-08-01-005 and -006
627-08-01-009
627-16-03-004 through -013
627-16-04-001 through -011
627-16-04-017 through -021
All as is more fully shown on a map entitled "Reid Street/North Confederate

Avenue Area Historic District" dated June 24, 1991, on file in the City of Rock Hill
Planning and Development Department.
(5) Winthrop Historic District

Properties on Stewart, West Oakland, and Charlotte Avenues, Myrtle Drive and
Eden Terrace and lying northeast of but not abutting upon Water Street
consisting of the following tax parcel numbers as shown on 1991 tax maps:
Rock Hill, South Carolina l Zoning Ordinance Page 3- 3-60

629-01-06-008
629-02-01-001
A portion of 629-03-01-001
All as is more fully shown upon a map or sketch entitled "Winthrop Historic
District" dated June 24, 1991, on file in the City of Rock Hill Planning and
(6) Rock Hill Downtown Historic District Expansion Area

Properties on East Main and Hampton Streets consisting of the following tax
parcel numbers as shown on 1993 tax maps:
627-18-03-001 through -005
627-18-04-001 through -005
627-18-05-007 through -013
627-18-05-014 (alley portion fronting Hampton Street)
627-18-05-015
627-19-01-001 through -014
627-19-01-033 through -034
Including all publicly owned rights-of-way, easements and property, all as is more
fully shown on a map entitled "Rock Hill Downtown Historic District" dated
December 23, 1991, revised January 10, 1994, on file in the City of Rock Hill
(7) Marion Street Area Historic District Expansion Area

Properties on Center, Green and Johnston Streets consisting of the following tax
parcel numbers as shown on 1993 tax maps:
600-03-01-008 through -011
600-03-03-008 through -014
600-04-01-001
600-04-01-011
600-04-01-013 through -023
627-17-01-007

627-18-01-011 through -016
All as is more fully shown on a map entitled "Marion Street Area Historic District"
date June 24, 1991, revised January 10, 1994, on file in the City of Rock Hill
(8) Reid Street/North Confederate Avenue Area Historic District Expansion

Area
Properties on East Main, Pendleton, Reid, East White Street and North
Confederate Avenue consisting of the following tax parcel numbers as shown on
1993 tax maps:
627-04-01-001 through -002
627-04-01-024
627-05-01-003 through -013
627-06-01-003 through -010
627-07-02-001 through -004
627-07-03-001 through -010
627-07-03-022
627-08-01-002 through -004
627-08-01-007 through -008
627-08-02-001 through -004
627-08-02-006
627-09-01-001 through -003
627-09-01-022 through -023
627-16-03-001 through -003
627-16-04-012 through -016
All as is more fully shown on a map entitled "Reid Street/North Confederate

Avenue Area Historic District" dated June 24, 1991, revised January 10, 1994, on
file in the City of Rock Hill Planning and Development Department.

(9) Shurley-Mickle House

Eugene M. Jacobs and Ann S. Jacobs, current owners, 1544 Ebenezer Road.
Property described as follows:
All that certain piece, parcel or lot of land, being and situate on Ebenezer Road
(now known as 1544 Ebenezer Road) in the City of Rock Hill (formerly Town of
Ebenezer), Ebenezer Township #3, York County, South Carolina, and being
more particularly described as follows: Beginning at a stake in the center of
Ebenezer Road at its point of intersection with the southern line of Mickle Court;
running thence with Mickle Court N. 67º E. 228 feet to a stake on line of Lot 13;
thence with the line of said lot S. 27º 30' E. 65 feet to a stake; running thence
with the new division line through Lot 14 S. 67º W. 228 feet to stake in center of
Ebenezer Road; thence with center of said Ebenezer Road N. 27º 30'W. 65 feet
to the beginning, and being shown as tax parcel 594-02-02-017 on 1993 tax
maps on file in the City of Rock Hill Planning and Development Department.
(10) McCallum House

Ralph S. McCallum and Catherine S. McCallum, current owners, 1657 Ebenezer
Road. Property described as follows:
All that certain piece, parcel or lot of land lying in the State of South Carolina,
County of York, and Town of Ebenezer and having the following courses and
distances: Beginning at an iron stake corner of Mrs. Ricker's property on
Ebenezer Road, and running thence with Ebenezer Road S. 25º 35' E. 141 feet
to an iron stake corner of lot belonging to Hicks; running thence along the Hick's
line S. 65º 20' W. 436.4 feet to a stake on the right-of-way of Southern Railroad,
said point being 30 feet from the center line of tracks; thence with said right-of-
way N. 29º 50' W. 132.2 feet to iron stake, corner of Mrs. Ricker property; thence
along the Ricker property N. 63º 50' E. 446 feet to the beginning point. Bounded
by property of Mrs. Ricker, Hicks, Southern Railroad and Ebenezer Highway, and
being shown as tax parcel 593-05-01-001 on 1993 tax maps on file in the City of
Rock Hill Planning and Development Department.
(11) Bishop-Avery-Williams House

Allen J. Fast and Lenora B. Fast, current owners, 1772 Ebenezer Road. Property
described as follows:
All that certain piece, parcel or lot of land, lying being and situate on the
northeastern edge of the right-of-way of Ebenezer Road (60' right-of-way) in the
City of Rock Hill, York County, South Carolina, and being shown on plat of
property of Allen J. Fast and Lenora B. Fast drawn by J. B. Fisher, SCRLS, dated
September 14, 1989, recorded September 1989 in plat Book 103 at page 35 and
being described according to said plat as follows:

Beginning at an old iron on the northeastern edge of the right-of-way of Ebenezer

Road, joint front corner of within property and property of Tall Oak Villas (deed
book 562, page 420), and running thence with the line dividing said properties N.
61º 17' 55" E. 250.07 feet to a new iron; thence running along line of within
property and property of Olde Pointe, Inc. (deed book 763, page 184) S. 29º 30'
30" E. 102.64 feet to an old iron and S. 29º 33' 06" E. 170.88 feet to an old iron;
thence running with line of within property and property of S. B. Mendenhall
(deed book 559, page 81) S. 61º 19' 58" W. 250.08 feet to an old iron the
northeastern edge of the right-of-way of Ebenezer Road; running thence with
said edge of right-of-way N. 29º 31' 59" W. 273.37 feet to the point of beginning;
being designated as lots 1 and 2, plus a 30' reserved strip shown on map of
property of Miss Ruth M. Williams prepared by William C. White on May 4, 1983,
and being shown as tax parcel 594-09-07-002 on 1993 tax maps on file in the
City of Rock Hill Planning and Development Department.
(12) Richards House

Thomasson Brothers, a South Carolina Limited Partnership, current owner, 1804
Ebenezer Road. Property described as follows:
All that certain piece, or tract of land, together with improvements thereon, lying
and being situate in the County of York, Ebenezer Township, City of Rock Hill
(formerly Town of Ebenezer) and State of South Carolina, and being more
particularly described with approximate courses and distances as follows:
Beginning at a stake on the eastern side of Rock Hill-Ebenezer-York Highway,
corner of property of J. B. Neely and running thence with the line of property of J.
B. Neely N. 62º 00' E. 113 feet more or less to a point; thence S. 24º 00' E. 100.5
feet more or less to a point; thence S. 6º 00' W. 35.5 feet more or less to a point;
thence S. 62º W. 90 feet more or less to stake on edge of Rock Hill-Ebenezer-
York Highway; thence with the edge of said highway N. 24º W. 131.5 feet to the
beginning point.
The above courses and distances are partially in accordance with survey of H. H.
White, dated April, 1938. The above-described tract is also shown as the
southernmost portion of tax parcel No. 594-11-01-001 on the 1993 tax maps on
file in the City of Rock Hill Planning and Development Department, and the office
of the tax assessor for the County of York, South Carolina.
(13) Ketchin-Neely-Long House (Longwood Hall)

William I. Long and Mary W. Long, current owners, 1858 Ebenezer Road.
Property described as follows:

All that certain piece, parcel or lot of land, together with improvements thereon,
situated in the State of South Carolina, County of York and in the Town of
Ebenezer, having the following courses and distances: Beginning at a stake on
the eastern edge of Main Street (no sidewalk allowed) corner of lot now or
formerly belonging to Estate of J. J. Brown, running thence with the Brown line N.
61 ½ [feet] E. 408 feet to stake thence N. 25 1/4 [feet] W. 75 feet to stake; thence
S. 61 ½ [feet] W. 408 feet to a stake on edge of Main Street; thence with edge of
Street or ditch S. 25 1/4[feet] E. 75 feet to the beginning; containing seven-tenths
of an acre, more or less, being more particularly shown on plat of property by C.
Edgar Williams, Jr., Registered Engineer and Surveyor, dated December 17,
1960, to be recorded in the office of the clerk of court for York County, South
Carolina, bounded by lot now or formerly of estate J. J. Brown on the south and
east, by balance of the Coulter lot to be conveyed to Dr. A. Theo Neely on the
north; on the west by Main Street; this being the property in which Carolyn Senn
conveyed her interest under deed recorded August 7, 1958, in deed book 253, at
page 262; also see, for chain of title, book 235, page 259, and being shown as
tax parcel 594-11-02-001 on 1993 tax maps on file in the City of Rock Hill
(14) Smith-Matthews House

Charles G. Hall and Mary J. Hall, current owners, 1865 Ebenezer Road. Property
All that certain piece, parcel or lot of land situate and being in Ebenezer (now
Rock Hill), York County, South Carolina, and being more particularly described
as follows: Beginning at a stake on the western side of Rock Hill-York Highway at
a point 100 feet south of the E. P. Steele Estate line and running thence S. 64º
02' W. 235 feet to stake; thence in a southeasterly direction 100 feet to stake;
thence N 64º 02' E. 235 feet to stake on aforementioned Rock Hill-York Highway;
thence with said highway N. 27º 34' W. 100 feet to the beginning; this being the
identical property heretofore conveyed to the grantor herein by deed of Nannie
Brooks Harper, et al, dated June 24, 1977, recorded in deed book 550 at page
545 in the office of the clerk of court for York County, South Carolina, and being
shown as tax parcel 593-04-01-002 on 1993 tax maps on file in the City of Rock
Hill Planning and Development Department.
(15) Ebenezer-Manse
BPR, a general partnership, current owner, 1902 Ebenezer Road. Property

All that certain piece, parcel of lot of land, being and situate in the State of South
Carolina, County of York, City of Rock Hill and being more particularly described
as follows: Beginning at a rock on Ebenezer Road, now or formerly Mrs. Coulter's
corner, and running with her line N. 49º E. 400 feet to a stake; thence N. 26º W.
100 feet to a stake; thence S. 49º W. 400 feet to a stake on Ebenezer Road;
thence with said road S. 26º E. 100 feet to the beginning, and being the identical
premises acquired by deed from Richard F. Shilling and Sharon L. Shilling dated
August 17, 1976, recorded August 19, 1976, in Book 535 at page 228 in the
office of the clerk of court for York County, South Carolina, and being shown as
tax parcel 594-11-02-003 on 1993 tax maps on file in the City of Rock Hill
(16) Harper-Holler House

Volunteer Faith Center, current owner, 228 West Main Street. Property described
as follows:
All that certain lot of land with all improvements situated in the City of Rock Hill,
county and state aforesaid, on the northeast side of West Main Street beginning
at R. G. Smith's corner on W. Main Street; thence N. 36º E. 210 feet to Wilson's
line; thence with Wilson's line N. 54º W. 105 feet to stake on corner of R. G.
Brown lot; thence S. 36º W. 210 feet to stake on West Main Street, corner of R.
G. Brown lot, thence with West Main Street S. 54º E. 105 feet to the beginning,
containing one-half acre, more or less, and being shown as tax parcel 598-22-03-
017 on 1993 tax maps on file in the City of Rock Hill Planning and Development
Department.
(17) Mills-Hallman House

Volunteer Faith Center, current owner, 302 West Main Street. Property described
as follows:
All that certain piece, parcel or tract of land lying, being and situate in the State of
South Carolina, County of York, City of Rock Hill, designated as a portion of Lot
No. 2 on plat of property of portion of the Friedheim Estate prepared by R. H.
Marett, Reg. Surveyor, March 1, 1955, and being more particularly described
according to plat of property of Volunteer Faith Center prepared by J. B. Fisher,
S.C.R.L.S., May 9, 1990, recorded in plat book 96 at page 335 in the office of the
clerk of court for York County, South Carolina, as follows: Beginning at a new
iron on the northeastern side of West Main Street 92.25 feet northwest of old iron
at Laurel Street, and running thence with Main Street N. 49º 55' 33" W. 68.12 feet
to an old iron; running thence N. 42º 10' 00" E. 169.41 feet to an old iron; running
thence S. 42º 49' 55" E. 64.53 feet to a new iron; running thence S. 40º 49' 14"
W. 161.32 feet to the point of beginning, and being shown as tax parcel 598-12-
02-017 on 1993 tax maps on file in the City of Rock Hill Planning and

(18) Richard Nelson House

Shirley Clark Jeter, current owner, 327 West Main Street. Property described as
follows:
All that certain piece, parcel or lot of land lying, being and situate within the
corporate limits of the City of Rock Hill in Ebenezer Township, York County,
South Carolina, and being more particularly described upon plat of property
survey for Shirley Clark Jeter by Ashmark Land Surveyors, dated March 1, 1991,
recorded with the York County, R.M.C. on the 30th day of May, 1991 in plat book
108 at page 39, as follows: Beginning at a point on the corner of West Main
Street and Allen Street and running thence S. 51º 17' 47" E. 111.96 feet to a
point, thence S. 39º 53' 20" W. 164.38 feet to a point; thence N 51º 30' 00" W.
111.41 feet to a point; thence N. 39º 41' 40" E. 164.77 feet to a point and the
beginning, and being shown as tax parcel 598-13-04-006 on 1993 tax maps on
file in the City of Rock Hill Planning and Development Department.
(19) Caldwell House

Frank Moffatt, current owner, 306 West Main Street. Property described as
follows:
All that certain piece, parcel, or tract of land lying and being situate in the City of
Rock Hill, County of York, South Carolina, and described more particularly as
follows: The southernmost tract of land shown on a plat of survey entitled
"Property of Frank Moffatt," dated November 19, 1974, recorded March 23, 1977,
in plat book 51 at page 182 in the Office of the Clerk of Court for York County,
South Carolina;
and being shown as tax parcel 598-12-02-016 on 1993 tax maps on file in the
City of Rock Hill Planning and Development Department.
(20) Oakland Avenue Historic District

Properties on Oakland Avenue consisting of the following addresses and Tax
Parcel Numbers as shown on 1997 Tax Maps:
629-070-3012 (200 Oakland Avenue, The Oakland Building)
627-220-2027 (201 Oakland Avenue, The Oakland Group LLC)
629-070-3011 (216 Oakland Avenue, Carol Diane S. Workman)
627-220-2026 (219 Oakland Avenue, Jack Roddey D/B/A Carolina Realty)
629-070-3010 (224 Oakland Avenue, Dora D. Gaston)

627-220-2025 (227 Oakland Avenue, John A. Gill & Elizabeth; A. White Gill)
629-070-3009 (232 Oakland Avenue, The Anderson Childrens PTN)
627-220-2024 (235 Oakland Avenue, John A. Gill)
629-070-3008 (238 Oakland Avenue, Eleanor L. Martinson)
627-220-2023 (241 Oakland Avenue, The Oakland Partnership)
629-070-3007 (242 Oakland Avenue, Mary Calhoun)
627-220-2022 (305 Oakland Avenue, Palmetto Credit ACA)
629-070-3005 (306 Oakland Avenue, FMD Associates)
627-220-2021 (311 Oakland Avenue, Ned M. Albright)
629-070-3004 (312 Oakland Avenue, Robert W. Burns)
629-070-3003 (314 Oakland Avenue, Dwayne Oedewaldt)
627-220-2020 (319 Oakland Avenue, Charles B. Burnette)
629-070-3002 (320 Oakland Avenue, Ralph W. Anderson)
627-220-2019 (325 Oakland Avenue, James H. & Kathy Todd)
629-070-3001 (326 Oakland Avenue, C. Marion Hicklin & Catherine B. Hicklin)
627-220-2017 (331 Oakland Avenue, Winthrop University)
629-070-1005 (334 Oakland Avenue, Jeanna M. Mills)
627-220-2016 (339 Oakland Avenue, David A. White)
629-070-1004 (340 Oakland Avenue, James Taylor)
629-070-1003 (348 Oakland Avenue, Frederick Heath)
629-070-1002 (350 Oakland Avenue, Frederick Heath)
627-220-2015 (353 Oakland Avenue, Addie Stokes Mayfield)
629-070-1013 (356 Oakland Avenue, Walston A. Lynn, Jr.)

627-070-1014 (359 Oakland Avenue, John Howe)
627-220-2014 (361 Oakland Avenue, Rock Hill Auto Parts)
629-070-1001 (362 Oakland Avenue, Jerry L. Shelton)
629-060-4001 (404 Oakland Avenue, B.J. White, et al. (probate))
629-060-4001 (406 Oakland Avenue, B.J. White, et al. (probate))
629-060-4002 (410 Oakland Avenue, The Kenneth A. Curtis Family Limited

Partnership)
629-040-1011 (411 Oakland Avenue, John W. & Phyllis W. Medford)
629-060-4005 (412 Oakland Avenue, Grace Evangelical Lutheran Church)
629-040-1012 (415 Oakland Avenue, Church Oakland Ave. Presbyterian Church)
629-040-1014 (417 Oakland Avenue, Oakland Ave. Presbyterian Church)
629-060-4003 (418 Oakland Avenue Grace, Evangelical Lutheran Church)
629-040-1016 (505 Oakland Avenue, Marla C. Black)
629-060-1011 (510 Oakland Avenue, Eliza Moore)
629-060-1010 (514 Oakland Avenue, Jerry W. Grace)
629-040-1017 (515 Oakland Avenue, Providence Presbytery Trustee Rev. T.W.

Horton, Jr.)

629-060-1009 (516 Oakland Avenue, Winthrop University Trustees)
629-060-1010 (524 Oakland Avenue, Jerry W. Grace)
629-060-1005 (620 Oakland Avenue, General Board of the SC Baptist

Convention)
629-060-1002 (626 Oakland Avenue, Warren T. Bowen & Pamela M. Bowen)
629-060-1003 (630 Oakland Avenue, Warren T. Bowen & Pamela M. Bowen)
629-060-1002 (636 Oakland Avenue, Zeta Tau Alpha Fraternity Housing

Corporation)
Including all publicly owned rights-of-way, easements and property, all as is more
fully shown on a map entitled "Oakland Avenue Historic District" dated July 7,
1998, on file in the City of Rock Hill Planning and Development Department.
3-600(B) Historic Properties
The properties/structures described herein have been duly designated as Historic

Properties.
(1) First Presbyterian Church

First Presbyterian Church, current owner, 234 East Main Street. Property
All that certain piece, parcel or lot of land situated in the City of Rock Hill, county
and state aforesaid, at the intersection of Saluda, East Black and East Main
Streets and bounded by property formerly of J. M. Russell now the City of Rock
Hill; and being shown as tax parcel 627-18-06-001 on 1991 tax maps on file in
the City of Rock Hill Planning and Development Department.

(2) Mount Prospect Baptist Church

Mount Prospect Baptist Church, current owner, 339 West Black Street. Property
Lying on the southwestern side of West Black Street at its intersection with the
southern side of Allen Street, and being shown as tax parcel 598-13-07-031 on
1991 tax maps on file in the City of Rock Hill Planning and Development
Department.
(3) Afro-American Insurance Company Building

Janie B. Waters, current owner, 558 South Dave Lyle Boulevard. Property
All that piece, parcel or lot of land situated in the incorporated limits of the City of
Rock Hill, County of York, and State of South Carolina, and having the following
courses and distances: Beginning at a stake corner of Elm Avenue and Pond
Street, running thence with Pond Street N 5º E 109 feet to stake, thence N 53º E
8 feet to stake, thence S 37º E 81 feet to the beginning, containing 3,604 sq. ft.
Bounded by Elm Avenue, Pond Street and lands of Nancy Beckham Davis; and
being shown as tax parcel 598-24-01-017 on 1991 tax maps on file in the City of
Rock Hill Planning and Development Department. Note: The name on the street
referred to herein as Elm Street and Elm Avenue has been changed to Dave Lyle
Boulevard.
(4) McCosh House

James C. Rhea, Jr., current owner, 228 East Black Street. Property described as
follows:
Fronting 40 feet, more or less, on the southwestern side of East Black Street
beginning 236.4 feet, more or less, northwest from its intersection with the 46.5-
foot right-of-way of Green Street, and being the northwesternmost 40 feet of tax
parcel 627-18-01-001 as shown on 1991 tax maps on file in the City of Rock Hill
(5) The Anderson House (Anderson-Gill House)

John Anderson Gill, current owner, 227 West Oakland Avenue. Property
Fronting 145 feet, more or less, on the western side of West Oakland Avenue
beginning 275 feet, more or less, north from its intersection with the 56-foot right-
of-way of Wilson Street, and being shown as tax parcel 627-22-02-025 on 1991
tax maps on file in the City of Rock Hill Planning and Development Department.

(6) Ebenezer Academy

Ebenezer A.R.P. Church, current owner, 2132 Ebenezer Road. Property
Lying north of the present church sanctuary, designated as "New Building" south
and east of a rock wall surrounding the church cemetery, and on the west side of
driveway leading from the rear of the sanctuary or from Bailey Avenue to the
cemetery; being carved from a portion of Tract # 3 "Old School Lot" upon a plat
entitled "Plat Showing Property of Ebenezer Presbyterian Church" by R.H.
Marett, R.S. dated September 24, 1954, a copy of which is on file in the City of
Rock Hill Planning and Development Department.
(7) Rock Hill Cotton Factory (Plej's Textile Outlet; Ostrow Textile Mill) (only as
to certain portions)
Bernard Pollack, Trustee and Andrew H. Weinstein, Trustee, current owners, 215
Chatham Avenue. Property described as follows:
A portion of the Rock Hill Cotton Factory including the original two-story "Main
Building" and tower, but excluding the exterior wall of said building facing West
White Street, and also excluding the remainder of property on tax parcel 627-
2001-001.
(8) McCorkle-Fewell-Long House

Mr. and Mrs. John A. Presto, current owner, 639 College Avenue. Property
Lying on the eastern side of College Avenue at its intersection with the southern
side of Sumter Avenue, being shown as tax parcels 629-06-02-002, #-003, and
#-004 on 1991 tax maps on file in the City of Rock Hill Planning and
(9) Allison House

Ralph L. Walling, III, current owner, 417 East White Street, Tax Parcel Number
627-040-1003. Property described as follows:
All that certain piece, parcel or lot of land, with the improvements thereon,
situate, lying and being on the northeastern side of East White Street, in the City
of Rock Hill, County of York, State of South Carolina, and being shown and
described on Plat of Property of Ken T. Sewell, drawn by J.B. Fisher, SCRLS,
dated April 10, 1986, recorded in the Office of the Clerk of Court for York County
in Plat Book 80 at Page 858, and being particularly described according to said
plat as follows: Beginning at a point, approximately 175 feet from N. Confederate
Avenue and running thence N. 27-00 E. 214.00 feet to a new iron; thence
running S. 56-20 E. 75.50 feet to a new iron; thence running S. 27-00 W. 202.62
feet to a new iron on East White Street; thence running along East White Street,
N. 65-00 W. 75.00 feet to the point of beginning.

BEING the same property conveyed to the Grantor herein by deed of J. Buford
Grier as Master In Equity for York County, dated December 6, 1993 and
recorded June 20, 1994 in Book 1032 at Page 148, said Clerk's Office.
(10) Chalmers N. Neely House

Ron Williams, current owner, 423 East White Street, Tax Parcel Number 627-
040-1004. Property described as follows:
All that certain piece, parcel or lot of land situated in the State of South Carolina,
County of York, and in the City of Rock Hill, having the following courses and
distances, to wit: Beginning at a stake on the northern side of White Street, inner
line of sidewalk, Miss Nora Williamson's corner (now or formerly), running thence
with said Williamson line N. 27 E. 202.5 feet to a stake on the right-of-way, South
Railway, Charleston Division, thence with said right-of-way, parallel to said main
tract and 30 feet from the center thereof S. 56-20 E. 60.4 feet to stake, thence S.
27 W. 194 feet to stake on White Street, thence with White Street W. 60 feet to
the beginning; containing 11, 880 square feet, more or less. Bounded by White
Street and right-of-way, South Railway, and by lots (now or formerly) of Miss
Nora Williamson and Mrs. Hattie I. White.
(11) Dr. William W. Fennell House

Russell D. Frase and Nancy O. Frase, current owners, 334 N. Confederate
Avenue. Tax Parcel Number 627-03-03-002. Property described as follows:
All that certain piece, parcel or lot of land lying, being and situate at the southern
corner of the intersection of North Confederate Avenue and Pickens Street in the
City of Rock Hill, York County, South Carolina, and being more particularly
shown and described on plat of property of Carolyn M. Henderson drawn by J.B.
Fisher, RLS, on May 16, 1984, and being described according to said plat as
follows: BEGINNING at the point of intersection of the southern edge of Pickens
Street and the eastern edge of North Confederate Avenue and running thence
with Confederate Avenue S. 27-30-00 W. 115.00 feet to an iron; thence running
S. 55-31-46 E. 114.10 feet to an iron; thence running N. 34-13-13 E. 114.60 feet
to a point on the southern edge of Pickens Street; thence with said edge of said
street N. 55-43-52 W. 127.56 feet to the point of beginning. Being the identical
property conveyed to Grantors herein by deed of Eugene Henderson and
Carolyn Henderson dated June 8, 1996 and to be recorded contemporaneously
herewith.

(12) New Mt. Olivet AME Zion Church

527 Dave Lyle Boulevard. Tax Parcel Number 598-250-1025. Property described
as follows:
All that certain lot of land in the City of Rock Hill, County and State aforesaid, at
the intersection of Hampton and Trade Street, beginning at a stake at the
intersection, inner line of sidewalk, and running thence with Hampton Street S.
83 E. 240 ½ feet to stake; thence N. 5 ½ W. 139 feet to stake; thence N. 19 W.
22 ½ feet to stake on Trade Street; thence with Trade Street S. 48 ½ W. 286 feet
to the beginning, containing 44/100 of an acre.
"In trust that said premises shall be used, kept, maintained, and disposed of as a
place of Divine Worship for the use of the Ministry and Membership of the African
Methodist Episcopal Zion Church in America, subject to the provisions of the
Discipline, Usage and Ministerial appointments of said Church, as from time to
time authorized and declared by the General Conference of said Church, and by
the Annual Conference within whose bounds the said premises are situated."

Section 3-700: Appendix 3-B, Development Standards in the NMU District
--------------------------------------------------------------------------------------------------------------------------------------------------------------
3-700 APPENDIX 3-B, DEVELOPMENT STANDARDS IN THE NMU DISTRICT
All Master Plans, Final Plans, and redevelopment in a NMU district shall comply with the following
standards:
3-700(A) Required Land Use Ratios
Development in the NMU district shall comply with the following land use ratios:
(1) Neighborhood Center

The Neighborhood Center shall normally comprise a maximum of twenty-five
percent (25%) of the gross land area. However, in no case shall the Neighborhood
Center be less than five (5) acres in areas outside Old Town. At least seventy-five
percent (75%) of the Neighborhood Center should be within one thousand three
hundred and twenty (1,320) feet of the geographic center of the district.
(2) Neighborhood Proper

The Neighborhood Proper shall comprise a minimum of twenty-five percent (25%)
of the NMU district. At least seventy-five percent (75%) of the Neighborhood
Proper shall be within two thousand six hundred forty (2,640) feet of the
geographic center of the district.
(3) Neighborhood Perimeter

The Neighborhood Perimeter shall comprise a minimum of fifty percent (50%) of
the NMU district. At least fifty percent (50%) of the Neighborhood Perimeter shall
be within three thousand nine hundred sixty (3,960) feet of the geographic center
of the district.
3-700(B) Required Land Use Mix
(1) General
A mix of residential and non-residential uses is required for the Neighborhood
Center and Neighborhood Proper. This mix should vary based on the size of the
neighborhood and the planned density of the area in the General Plan. Non-
residential uses are not permitted in the Neighborhood Perimeter (except for
Employment campus lots). The general percentages of developable land area by
use must be indicated in the Master Plan (see Land Use Mix Requirements Table).
(2) Land Use Mix Table

The Land Use Mix Table specifies the maximum requirements for specific lot types
associated with the designated neighborhood sectors. Land use percentages by
lot type that are consistent with this table shall be submitted during the Preliminary
Plat for Subdivision process (see Section 2-500(I)(5)(b)), as part of a Final Plan.
The lots specified in the table shall not exceed the indicated ratio unless otherwise
specified in the approved Master Plan. Civic Lots, Public Use Lots, Squares,
Courtyards, Neighborhood Parks, and Greenways may be included in the platting
of any areas (see Land Use Mix Requirements Table).
Rock Hill, South Carolina l Zoning Ordinance Page 75

ARTICLE 3:GENERAL PROVISIONS
SECTION 3-700: Appendix 3-B, Development Standards in the NMU District
Subsection 3-700(C): Density Distribution and Allowable Densities
LAND USE MIX REQUIREMENTS TABLE
LOCATION
OLD
OUTSI
USE T
DE
CLAS LOT TYPE O
OL
S W
D
N
TO
(
WN
%
(%)
)
NEIGHBORHOOD CENTER
Non- 30-
reside Minimum/Maximum 20-80 9
ntial 0
Retail/Office Lots 70 70
Workshop Lots 20 20
10-
Residenti
Minimum/Maximum 20-80 7
al
0
Single-family Attached and Multiple Family
60 60
Lots
Detached Lots 10 10
NEIGHBORHOOD PROPER
Non- 20-
reside Minimum/Maximum 15-70 8
ntial 0
Retail/Office Lots 40 40
Workshop Lots 10 10
20-
Residenti
Minimum/Maximum 30-85 8
al
0
Single-family Attached and Multiple Family
60 70
Lots
Detached Lots 70 60
NEIGHBORHOOD PERIMETER
Residenti Single-family Attached and Multiple Family
30 40
al Lots
Detached Lots 90 80
3-700(C) Density Distribution and Allowable Densities
(1) General
The density distribution within a NMU district shall be associated with the three (3)
geographic areas: the Neighborhood Center, Neighborhood Proper, and the
Neighborhood Perimeter. The spatial distribution of density increases relative to
the Neighborhood Center, with the Neighborhood Perimeter being the least dense
portion of the district.
Rock Hill, South Carolina l Zoning Ordinance Page 3- 76

Subsection 3-700(D): General Lot Standards
(2) Maximum Densities

Within a NMU district, densities are controlled by the NMU Master Plan, land use
ratios, and individual lot development standards specified in Section D, General
Lot Development Standards. A maximum of sixty percent (60%) of any residential
lot may be occupied by the building footprint(s). A maximum of ninety percent
(90%) of the lot may be occupied by the building footprint(s) in the Neighborhood
Center or Community Center.
(3) Maximum Land Use Densities and Intensities Table

The Land Use Density Table gives a summary of the maximum
densities/intensities within the NMU district. Actual densities shall be controlled by
the Master Plan, lot standards in Section D, General Lot Development Standards,
and by the Land Use Mix Requirements Table.
MAXIMUM LAND USE DENSITIES AND INTENSITIES TABLE
LOCATION
USE CLASS OUTSIDE OLD
OLD TOWN
TOWN
NEIGHBORHOOD CENTER
Non-residential 2.4 FAR [1] 2.4 FAR
Residential 20 DUA [2] 25 DUA
NEIGHBORHOOD PROPER
Non-residential 1.2 FAR 1.2 FAR
Residential 16 DUA 20 DUA
NEIGHBORHOOD PERIMETER
Non-residential N/A N/A
Residential 6 DUA 8 DUA
NOTES:
[1] (FAR) Floor Area Ratio = Building Area (SF)/Site Area (%)
[2] (DUA) Dwelling Units per Acre = Number of Dwelling Units/Site Area (acre)
FAR and DUA are calculated by lot or aggregate lots. Aggregate is any number of lots
within the same block
3-700(D) General Lot Standards
Lots within a NMU district shall comply with the following standards:
(1) General Lot and Building Standards

(a) The entire land area of a NMU district shall be divided into Neighborhood
Center, Neighborhood Proper, and Neighborhood Perimeter. The
Neighborhood Center and Neighborhood Proper boundaries may coincide.
(b) All neighborhood designations shall be divided into blocks, streets, lots,
and open space/greenway areas.
(c) Parks and open areas are considered compatible with all land uses.

(d) All lots shall share a frontage line with a street that meets city standards.
(e) Within the Neighborhood Center and Neighborhood Proper, all lots shall
have an uninterrupted sidewalk at least four and one-half (4½) feet wide
running the entire width of the lot.
(f) Wetlands shall be maintained in accordance with Federal and State law.
(g) All buildings, except accessory structures, shall have their main entrance
opening onto a street, square, courtyard, or park.
(h) Stoops, open colonnades, and open porches may encroach into setback
areas as indicated in this Ordinance.
(i) Fences and walls shall conform to the standards set forth in this
Ordinance.
(j) Building height shall be measured as the vertical distance from the highest
finished grade at the street frontage, up to the eaves or the highest level of
a (flat) roof. Heights of structures and buildings shall be as specified in the
following lot development standards.
(2) Detached Home Lot Standards

The detached home lot is designed to control the placement of single-family
homes and accessory structures. Detached homes shall be located close to the
street and front porches are encouraged. Accessory structures are accessed by
alleys. Permitted uses for detached home lots are residential, limited office, and
limited visitor accommodations.
(a) Lot Area

Detached homes shall have a minimum lot size of three thousand five
hundred (3,500) square feet, and a maximum lot size of twelve (12,000)
square feet.
(b) Yard and Building Setbacks

Buildings on a detached home lot shall be setback from the side lot lines a
minimum of six (6) feet. Stoops, open porches, decks, balconies, stairs,
bay windows, and awnings are permitted to encroach into setback area no
more than two (2) feet.
(3) Attached Home Lot Standards

Attached home lots are reserved for townhouses, multiple family structures, or
single-family attached dwellings. Parking is typically accessed by an alley in the
rear of each unit. Lots shall have a minimum of fifteen (15) feet and a maximum of
forty (40) feet of street frontage, and dwelling units shall be constructed in groups
of three (3) to seven (7) feet. Land designated for attached home lots shall contain
buildings for which the primary function is residential, but may contain limited office
and limited visitor accommodation uses. However, one hundred percent (100%) of
the building area above the ground floor in the principal dwelling shall be
residential.

(a) Lot Area

Attached homes shall have a minimum lot size of two thousand (2,000)
square feet (one thousand six hundred (1,600) square feet with an alley),
and a maximum of lot size of five thousand (5,000) square feet.

A five (5) –foot encroachment into the front setback and ten (10) -foot
encroachment into the rear yard is permitted for building stoops, open
porches, decks, balconies, stairs, bay windows and awnings. Side and
front setbacks for accessory structures shall be the same as for the
primary building on the site. Rear setbacks for accessory structures shall
be ten (10) feet. Setbacks for principal structures are as follows:
SETBACKS FOR ATTACHED HOME LOTS

MINIMUM MAXIMUM
SETBACK
(FEET) (FEET)
Front 5 15
None; 6 between
Side end structure None
and side lot line
Rear 20 None
(c) Lot Width
Lot dimensions are as follows:
LOT WIDTH FOR ATTACHED HOME LOTS

MINIMUM MAXIMUM
(FEET) (FEET)
Width 15 40
Depth 70 125[1]
NOTES:
Lot widths of less than one hundred twenty (120) feet shall
fit in the minimum two hundred forty (240) –foot block
section.
(d) Open Space

Open space set-asides shall be provided in accordance with the standards
in Section 6-600, Open Space Standards.
(e) Off-Street Parking

All off-street parking shall be to the side or rear of the building.
(4) Multi-Family Home Lot

Multi-family lots allow two (2) or more attached single-family dwelling units to be
located on one (1) lot. Multi-family lots are reserved for two- to four-family
dwellings, condominiums, and multiple family buildings. Multi-family home lots are
to be primarily a residential use with limited commercial (excluding retail sales) and
office, permitted on ground floors.
(a) Lot Area

Multi-family home lots shall have a minimum lot size of six thousand
(6,000) square feet for the first two (2) dwelling units, plus an additional
two thousand five hundred (2,500) square feet for each additional unit.

Setbacks are as follows:
SETBACKS FOR MULTI-FAMILY HOME LOTS

MINIMUM MAXIMUM
SETBACK
(FEET) (FEET)
Front 10 20
Side 8 [1] None
Rear 20 None
NOTES:
Front porches, stoops, steps, awnings, balconies may
encroach up to eight (8) feet into the setback area.
(c) Lot Width

LOT WIDTH FOR MULTI-FAMILY HOME LOTS

MINIMUM MAXIMUM
(FEET) (FEET)
Width 15 40
Depth 70 125[1]
NOTES:
Lot widths of less than one hundred twenty (120) feet shall
fit in the minimum two hundred forty (240) –foot block
section.
(d) Open Space

Open space set-asides shall be provided in accordance with the standards
in Section 6-600, Open Space Standards.
(e) Building Height

Building height shall be limited to forty (40) feet (sixty-five (65) feet in
urban areas) to the eave line for structures within the Neighborhood
Center and Neighborhood Proper, and thirty-five (35) feet (fifty (50) feet in
urban areas) within the Neighborhood Perimeter.
(5) Retail/Office Building Lot

Retail office building lots are reserved for Retail Sales and Services and Office
uses. Structures on these lots provide a variety of uses and shall be designated to
be flexible and compatible with residential and commercial uses. The retail/office
building lot configuration should promote a pedestrian oriented shopping district
with parking at the rear of buildings. These lots are located primarily in the
Neighborhood Center.
(a) Lot Area

Retail/Office Building lots shall have a minimum lot size of two thousand
five hundred sixty (2,560) square feet, and a maximum lot size of one and
one-half (1½) acres (this requirement may be waived in urban areas).

Setbacks are as follows:
SETBACKS FOR RETAIL/OFFICE BUILDING LOTS

MINIMUM MAXIMUM
SETBACK
(FEET) (FEET)
Front None 10
Side None None
Rear 20 None
NOTES:
Overhead balconies, awnings, bay windows, and their
supports may encroach up to five (5) feet into the
setback area.
(c) Lot Width
LOT WIDTH RETAIL/OFFICE BUILDING LOTS

MINIMUM MAXIMUM
(FEET) (FEET)
Width 32 255
Depth 80 255
(d) Off-Street Parking

All off-street parking shall be to the side or rear of the building.
(e) Building Height

Maximum building height at the eave of the structure shall not exceed sixty
(60) feet (this requirement may be waived in urban areas).
(f) Accessory Structures

Accessory structures shall be prohibited.
(6) Employment Campus Lot

The Employment Campus Lot standards provide for Office uses within a site
designed around a “campus environment.” The consolidation of lots is encouraged
to form a single development. Employment Campus Lots are to be located on the
perimeter of the district and may be grouped to accommodate single large scale
uses. It is intended that the Employment Campus Lots be directly linked to the
neighborhood sectors of the district, creating a multi-center form. Employment
Campus lots shall be located within a geographic area without intrusive uses.
(a) Lot Area

Employment Campus Lots located greater than one-quarter (¼) mile from
the Neighborhood Center shall have a minimum development size of five
(5) acres, and a maximum area of one hundred (100) acres.


Minimum setbacks:
SETBACKS FOR RETAIL/OFFICE BUILDING LOTS

MINIMUM MAXIMUM
SETBACK
(FEET) (FEET)
40; 25 in urban
Front None
areas
Side 20 None
Rear 20 None
(c) Lot Frontage

Employment campus lots located one-quarter (¼) mile or less from the
Neighborhood Center shall have a maximum lot frontage of three hundred
(300) feet, and a minimum lot frontage of fifty (50) feet.
(d) Perimeter Buffer

When designating Employment Campus Lots (ECL) within the
Neighborhood Perimeter, residential densities should be concentrated
around the ECL’s perimeter. Along the ECL perimeter where residential
lots are platted, the ECL shall provide a minimum one hundred (100) –foot
Type A perimeter buffer (see Section 6-300(F)). For development in urban
areas a minimum fifty (50) –foot Type A buffer shall be provided.
(e) Building Height

Maximum building heights shall not exceed sixty (60) feet (this
requirement may be waived in urban areas).
(7) Workshop Building Lot

Workshop Building lots are reserved for light industrial and service oriented
businesses. The following uses may be permitted on Workshop Building lots:
office, retail, light industry, light assembly, commercial, gasoline filling station, and
upper story residential. Workshop lots containing office and commercial uses may
be grouped with Retail/Office Building lots to form Community Centers.
(a) Yard and Building Setbacks

Within the Neighborhood Center, buildings on Workshop lots shall have a
maximum setback from the frontage line of twenty (20) feet, and setbacks
at street intersections shall not be more than five (5) feet from the frontage
line and side street line. Within the Neighborhood Proper, building
setbacks are as follows:
SETBACKS FOR WORKSHOP BUILDING LOTS

MINIMUM MAXIMUM
SETBACK
(FEET) (FEET)
40; 25 in urban
Front None
areas
Side 20 None
Rear 20 None

SETBACKS FOR WORKSHOP BUILDING LOTS

MINIMUM MAXIMUM
SETBACK
(FEET) (FEET)
NOTES:
Workshop building lots shall have the rear line measured
from an alley, except where the lot line adjoins a
greenway.
(b) Building Height

Buildings on workshop lots shall not exceed forty-eight (48) feet.
(c) Lot Consolidation

Lot consolidation shall be prohibited.
(8) Community Center

A Community Center is optional. The community center provides for larger scale
Retail Sales and Service and Office uses in buildings that front a square. The
community center shall meet all requirements of the Retail/Office Building lot as
modified below, and all other requirements in this Ordinance. For a Master Plan to
qualify as a Community Center the proposed location must meet the following
requirements:
(a) A Community Center shall only be located where major collectors or

higher classification streets within the Neighborhood Center intersect.
(b) There shall be no more than one (1) Community Center in a

neighborhood.
(c) A Community Center square shall be a minimum of one (1) acre, except in
urban areas, where the minimum shall be at least one-half (½) of an acre.
(d) There shall be direct street connections between the mandatory square
and the Community Center.
(9) Civic Lot

Land designated for civic purposes shall contain buildings that are open to the
public and are in the common interest of the community, such as: libraries, post
offices, and police stations, and provide necessary daily services that should be
within walking distance of residential areas. These buildings are traditionally
located to serve as corner stones of a community. Land allocated for civic lots
shall contain the following uses: police stations, libraries, day care, fire stations,
meeting halls, recreational facilities, government buildings, museums, educational
facilities, performing arts centers, religious institutions, or any other cultural, civic,
or social use.
(a) Lot Area

Civic lots shall have a minimum lot size of four thousand (4,000) square
feet (two thousand (2,000) square feet in urban areas). Setbacks are as
follows:

SETBACKS FOR CIVIC LOTS

MINIMUM MAXIMUM
SETBACK
(FEET) (FEET)
Front 10 30
Side 8 None
Rear 20 None
NOTES:
Stoops, open porches, decks, balconies, stairs, bay
windows, and awnings are permitted to encroach into the
setback area up to four (4) feet.
(b) On-Street Parking

Civic lots shall front on streets with a parallel parking lane on at least one
(1) side, which shall be located adjacent to the civic lots. Civic Lots may
utilize on-street parking fronting the civic lot tract as part of the off-street
parking requirements.
(c) Off-Street Parking

No less than seventy-five percent (75%) of the off-street parking spaces
shall be to the rear of the building.
(10) Public Use Lot

Public Use Lots are lots reserved for open space throughout the district, and shall
not be occupied by buildings, parking lots, private residential yards, easements,
setbacks, or streets except as recreational support facilities. Land designated for
Public Use Lots shall be in the form of squares, courtyards, neighborhood parks,
and greenways. Public Use lots shall contain open space structured to preserve
existing quality woodlands and other unique features, and to provide open space in
areas which are developed for residential, commercial, corporate, and other land
uses. They may be improved and cleared of underbrush (unless otherwise
specified) so that they are accessible. A minimum of five percent (5%) of the gross
land area of the district shall be permanently allocated to tracts comprised of
neighborhood parks and squares. Public Use Lots shall not be formed of residual
areas.
(a) Public Use Lot Required

Each NMU district shall contain at least one (1) square or park. No single
square or park can be more than fifty percent (50%) of the public use area
required, except in urban areas. The remaining Public Use Lots shall be
distributed so that no portion of the district is further than one thousand
two hundred (1,200) linear feet from a Public Use Lot, excluding streets
and alleys.
(b) Lakes and Water Bodies

Lakes and water bodies over five (5) acres shall have a minimum of fifty
percent (50%) of their perimeter abutting street right-of-ways.
Neighborhoods along waterfronts shall provide park and square
requirements along the waterfront. Streams, creeks, wetlands, and other
natural corridors located within a NMU district shall be preserved as
greenways with a minimum width of two hundred (200) feet. Water bodies
larger than one-half (½) acre shall not be used in calculating open space
requirements.

(c) Golf Courses

Private or public golf courses may account for no more than twenty-five
percent (25%) of open space requirements. Large scale recreational uses
such as golf courses and ball fields shall be located on the perimeter of the
NMU district.
(d) Parking Standards

There are no parking requirements for public use lots.
(e) Types of Public Use Lots

The Public Use Lot requirement in a NMU district shall be met by including
two (2) or more of the following lot types:
1. Square
A square is an open space area surrounded by streets on a minimum of
seventy-five percent (75%) of its perimeter (this standard may be reduced
to fifty percent (50%) in urban areas). The square provides formal public
open space in an urban location and shall serve as a place for formal and
informal public gatherings. Each neighborhood should contain at least one
(1) square or park. No single square or park can be more than fifty
percent (50%) of the public area required, except in urban developments.
A mandatory square shall be located within the Neighborhood Center.
Squares should be located at the terminus of public streets and a major
vista. The actual geometry may deviate from a square to conform to the
specific geometry created by adjoining roads and lots. A square must
have a minimum size of one-half (½) acre.
2. Courtyards
Courtyards are decoratively paved open spaces located in
conjunction with Civic, Retail/Commercial, Workshop, or
Employment Campus Lots. Courtyards serve as a gathering
space and shall be bordered by a street on at least twenty-five
percent (25%) of its perimeter. It is a location for a variety of
nonpermanent activities such as markets, street vendor parking,
community festival, etc. Courtyards shall be relatively flat or
stepped with a maximum slope of three percent (3%). A courtyard
must have a minimum size of two thousand (2,000) square feet
(this standard may be reduced to five hundred (500) square feet in
urban areas).
3. Neighborhood Parks
Neighborhood Parks are areas for active and passive recreation
within walking distance of residential areas. They are surrounded
by public streets on a minimum of twenty-five percent (25%) of
their perimeter. Neighborhood parks may be provided in
combination with other civic uses such as schools or libraries and
may be integrated with the greenway. Each neighborhood shall
contain at least one (1) square or park. No single square or park
can be more than fifty percent (50%) of the public use area
required, except in urban areas. A neighborhood park must have
a minimum size of one (1) acre (this standard may be reduced to
one-half (½) acre in urban areas), but shall not exceed forty (40)
acres.
4. Greenway

Subsection 3-700(E): Street Development Standards
A greenway is an area of open space interspersed throughout the

district and along the perimeter. The greenway buffers non-
compatible uses from the neighborhood such as industrial districts,
highways, noxious agricultural uses and other incompatible land
uses. The greenway shall be a minimum of one hundred (100)
feet wide (this may be reduced to fifty (50) feet in urban areas) in
width and shall buffer the NMU district perimeter from adjacent
uses and/or future development. Along an Interstate, the
minimum greenway width is one hundred fifty (150) feet (this may
be reduced to seventy-five (75) feet in urban areas). The following
uses shall not be located within the perimeter buffer or along road
rights-of-way:
a. Golf Courses
b. Civic Buildings/uses
c. Athletic Fields
d. Community Agriculture Plots
3-700(E) Street Development Standards
(1) General
Streets serve as the main public space of any City and are the primary vantage
points from which a City is observed. Streets shall be designed as public spaces
containing sidewalks, trees, lighting, and signs. Design of streets should provide
for both the movement of traffic and provide for inter-modal opportunities. Street
networks should be designed to be a series of interconnected streets to allow
traffic to filter through a variety of routes rather than concentrating all traffic from a
neighborhood onto a single major collector road. The primary objectives of the
street network are to facilitate the movement of traffic at a slower speed and to
encourage pedestrian activity. Slower speeds are encouraged by use of on-street
parking, narrower streets, smaller curb radii, and placing buildings closer to the
streets.
(2) Connection Required

All streets, alleys, and pedestrian pathways shall connect to other streets within
the neighborhood and connect to existing and projected through streets outside
the development. Where practical, a continuous network of alleys to the rear of
lots within the district shall be provided. Alleys shall terminate at the intersection of
another street or at the rear of a private or public lot.
(3) Multi-Modal
Street designs shall accommodate the use of the streets by cars, bicyclists, and
pedestrians. Pavement widths, design speeds, and the number of vehicle lanes
should be minimized without compromising safety. The specific design of any
given street must consider the building types which front on the street and the
relationship of the street to the street network.
(4) Specific Street Standards

All streets shall meet the requirements of this Ordinance. All streets that are
owned and maintained by the SCDOT shall follow all SCDOT standards.

Subsection 3-700(F): Off-Street Parking and Loading Standards
(5) Encroachment Permitting

Encroachment into a publicly maintained right-of-way for items including but not
limited to driveways, street trees, street lights, decorative poles, or signs must first
be reviewed and approved by the appropriate governing body such as SCDOT
and/or the City.
3-700(F) Off-Street Parking and Loading Standards
All off-street parking and loading areas shall conform to the standards in section 6-100,
Off-Street Parking and Loading.
3-700(G) Non-residential Structure Façade Standards
Non-residential structures in the NMU district shall comply with the following standards:
(1) The entry level of all non-residential buildings, including structured parking, shall
be designed to encourage and complement pedestrian-scale activity.
(2) Building facades should be varied and articulated to provide visual interest to
pedestrians. Street level windows and numerous building entries are required in
the neighborhood core area. Arcades, porches, bays, and balconies are also
encouraged.
(3) The primary facade of a building should not consist of an unarticulated blank wall
or an unbroken series of garage doors.
(4) Transparent windows allowing visual access into and out of the building shall be
located on the ground floor of the primary facade.
(5) Windows, doors, and other openings shall comprise a minimum of fifty percent
(50%) of the length of the entry level principal street or parking lot frontage. Where
there is secondary frontage on an alley or side street, the doors and windows may
comprise a minimum of twenty-five percent (25%) of the length of the first floor
frontage.
(6) At least one (1) of the principal entry level commercial building entrances should
orient to a plaza, park, walkway, or pedestrian-oriented street, not to an off-street
parking lot. Anchor tenant retail buildings may have their principal entries from off-
street parking lots; however, on-street entries are strongly encouraged.
(7) Canopies, awnings, and similar appurtenances are encouraged on all building
entrances, in accordance with the following standards:
(8) Canopies may be constructed of wood or flexible material designed to compliment

the appearance of the building and the surroundings.
(a) A minimum overhead clearance of nine (9) feet from the sidewalk shall be
maintained.

Subsection 3-700(H): Compliance with Overlay District Standards
(b) In no case shall a canopy extend closer than eighteen (18) inches to the
back of the curb.
3-700(H) Compliance with Overlay District Standards
Development in a NMU district also located within an overlay zone district (see Section 3-
500) shall comply with all applicable district-specific overlay standards.
3-700(I) Conflict with Other Standards
In the event the standards in the approved NMU Master Plan conflict with the standards in
this section or the standards in Article 6: Development and Design Standards, or Article 7:
Subdivision Standards, the standards in the approved NMU Master Plan shall control.

ZONING
ORDINANCE
Article 4: Use Regulations
Rock Hill, South Carolina I Zoning Ordinance

ARTICLE 4: USE REGULATIONS
4-100 TABLE OF ALLOWED USES ......................................................................................................... 1

4-100(A) EXPLANATION OF TABLE OF ALLOWED USES ......................................................................... 1
4-100(B) TABLE OF ALLOWED USES .................................................................................................... 3
4-200 USE CLASSIFICATIONS, USE CATEGORIES, AND USE TYPES ............................................ 11
4-200(A) GENERAL........................................................................................................................... 11
4-200(B) RESIDENTIAL USE CLASSIFICATION ..................................................................................... 13
4-200(C)PUBLIC AND INSTITUTIONAL USE CLASSIFICATION ................................................................ 14
4-200(D)COMMERCIAL USES ............................................................................................................ 18
4-200(E) INDUSTRIAL AND RELATED USES ......................................................................................... 24
4-300 USE SPECIFIC STANDARDS ...................................................................................................... 28
4-300(A) RESIDENTIAL USES ............................................................................................................ 28
4-300(B) PUBLIC AND INSTITUTIONAL USES ....................................................................................... 31
4-300(C)COMMERCIAL USES ............................................................................................................ 43
4-300(D)INDUSTRIAL AND RELATED USES ......................................................................................... 58
4-400 ACCESSORY USES AND STRUCTURES ................................................................................... 65
4-400(A) PURPOSE .......................................................................................................................... 65
4-400(B) GENERAL STANDARDS AND LIMITATIONS ............................................................................. 65
4-400(C)ACCESSORY USES PROHIBITED .......................................................................................... 69
4-400(D)ACCESSORY USES AND STRUCTURES ALLOWED .................................................................. 70
4-500 TEMPORARY USES AND STRUCTURES................................................................................... 82
4-500(A) PURPOSE .......................................................................................................................... 82
4-500(B) TABLE OF ALLOWED TEMPORARY USES AND STRUCTURES .................................................. 82
4-500(C)PROHIBITED TEMPORARY USES .......................................................................................... 83
4-500(D)TEMPORARY USE PERMITS ................................................................................................. 83
4-500(E) GENERAL STANDARDS FOR ALL TEMPORARY USES AND STRUCTURES ................................. 83
4-500(F) SPECIFIC REGULATIONS FOR CERTAIN TEMPORARY USES AND STRUCTURES ....................... 84
4-500(G) SPECIAL EVENTS ..................................................................................................... 90
4-500(H)DURATION OF PERMIT ........................................................................................................ 92
Section 4-100: Table of Allowed Uses
Subsection 4-100(A): Explanation of Table of Allowed Uses
4-100 TABLE OF ALLOWED USES

Table 4-100(B), Table of Allowed Uses, sets forth the uses allowed within the
base zone districts.
4-100(A) Explanation of Table of Allowed Uses

(1) Organization of Use Table
Table 4-100(B), Table of Allowed Uses, organizes the uses by Use
Classifications, Use Categories, and Use Types.
(a) Use Classifications

The Use Classifications are: Residential Uses; Public and Institutional
Uses; Commercial Uses, and Industrial and Related Uses. The Use
Classifications provide a systematic basis for assigning present and future
land uses into broad general classifications (e.g., residential and
commercial uses). The Use Classifications then organize land uses and
activities into general “Use Categories” and specific “Use Types” based
on common functional, product, or physical characteristics, such as the
type and amount of activity, the type of customers or residents, how
goods or services are sold or delivered, and site conditions.
(b) Use Categories

The Use Categories describe the major sub-groups of the Use
Classification, based on common characteristics (e.g., the residential Use
Classification is divided into two (2) major Use Categories: Household
Living and Group Living). Principal uses are identified in defining the Use
Category. They are principal uses that most closely share the common
characteristics that are key to the Use Category.
(c) Use Types

The Use Categories are divided into specific Use Types. The specific
Use Types are included in the respective Use Category. They identify the
specific uses that are considered to fall within characteristics identified in
the Use Category. For example, live/work dwellings, single-family
detached dwellings, single-family attached dwellings, two- to four-family
dwellings, townhouse, multiple family dwellings, upper story dwellings,
and mobile home dwellings are Use Types in the Household Living Use
Category.
(d) Use Classifications, Use Categories, and Use Types Defined

Use Classifications are defined and the common characteristics of each
Use Category are identified in Section 4-200, Use Classifications, Use
Categories, and Use Types. Use Types are defined in Article 10:
Definitions and Rules for Interpretation.
(2) Permitted Uses

A “P” in a cell indicates that a Use Type is allowed by right in the
respective zone district, subject to compliance with the use-specific
standards set forth in the final column of Table 4-100(B), Table of
Allowed Uses. Permitted uses are subject to all other applicable
regulations of this Ordinance, including those set forth in Article 5:
Subsection 4-100(A): Explanation of Table of Allowed Uses
Density, Intensity, and Dimensional Standards; Article 6:

Development and Design Standards; and Article 7: Subdivision
Standards.
(3) Conditional Uses

A “C” in a cell indicates that a Use Category or Use Type is allowed
conditionally in the respective zone district, subject to compliance
with the use specific standards set forth in the final column of Table
4-100(B), Table of Allowed Uses, and approval of a Conditional Use
Permit in accordance with Section 2-300(C), Conditional Use
Permit. Uses subject to a Conditional Use Permit are subject to all
other applicable regulations of this Ordinance, including those set
forth in Article 5: Density, Intensity, and Dimensional Standards;
Article 6: Development and Design Standards; and Article 7:
Subdivision Standards.
(4) Special Exception Uses

An “S” in a cell indicates that a Use Category or Use Type is allowed
conditionally as a Special Exception in the respective zone district,
subject to compliance with any use-specific standards set forth in
the final column of the table and approval of a Special Exception
Permit in accordance with the procedures and standards of Section
2-300(D), Special Exception Permit. Uses subject to a Special
Exception Permit are subject to all other applicable regulations of
this Ordinance, including those set forth in Article 5: Density,
Intensity, and Dimensional Standards; Article 6: Development and
Design Standards; and Article 7: Subdivision Standards.
(5) Allowed Uses in Planned Developments and the NMU District

An “A” in a cell indicates that a Use Category or Use Type is an
allowed use in the respective planned development district or in the
Neighborhood Mixed Use (NMU) district, subject to compliance with
the procedures and standards for planned development district
Section 2-300(B), Planned Development District, and Section 3-400,
Planned Development Districts; or the NMU standards in Section 3-
300(B)(9) and Appendix 3-B.
(6) Prohibited Uses

A blank cell indicates that the Use Type is prohibited in the zone
district.
(7) Use Specific Standards

When a particular Use Category or Use Type is permitted in a zone
district, there may be additional regulations that are applicable to a
specific use. The existence of these use-specific standards is noted
through a section reference in the last column of the Table of
Allowed Uses entitled “Additional Requirements.” References refer
Subsection 4-100(B): Table of Allowed Uses
to Section 4-300, Use-Specific Standards. These standards apply

to all zone districts unless otherwise specified.
(8) Uses Not Listed

The Development Services Director shall determine whether or not
an unlisted use is part of an existing Use Category defined in
Section 4-200, Use Classifications, Use Categories, and Use Types,
or is substantially similar to an already defined Use Type, using the
standards in Section 4-200, Use Classifications, Use Categories,
and Use Types.
4-100(B) Table of Allowed Uses
TABLE 4-100(B): TABLE OF ALLOWED USES
P = Permitted Use C = Conditional Use S = Special Exception A = Allowed in PD/NMU District

Blank Cell = Prohibited
Applicable Use-Specific Standards Listed in Column on Far Right

PLANNED
RESIDENTIAL BUSINESS
DEVELOPMENT
ADDTL
USE
PD-MEC
PD-TND
PD-PED
USE CATEGORY REQUIRE-
DTWN
MF-15
PD-R
PD-C
MF-8
MUC
NMU
MHP
SF-2
SF-3
SF-4
SF-5
SF-8
TYPE
NO
GC
RH
NC
CC
LC
MENTS
OI
IG
IH
IB
RESIDENTIAL USES
Dwelling, Live/work C P P P P P P P P P P P A S A A A A 4-300(A)(1)(b)
Dwelling, mobile/
manufactured home
P
Dwelling, multiple
family
P P P S P S P P S P A A A A A A
Dwelling, single-
family attached
C P P P P P S P P P A A A A
Household Dwelling, single-
family detached
P P P P P P P P P P P P A A A A
Living
Dwelling, townhouse C P P P P P C P P P A A A A A A
Dwelling, two- to
four-family
S P P P P P P C C P A A A A
Manufactured/
mobile home park
P 4-300(A)(1)(a)
Upper story dwelling
above a non- P P P P P P P P P P P P A P A A A A
residential use
Dormitory S S P P S A A A 4-300(A)(2)(a)
Fraternity or sorority
house
S C P S A A
Group home
Group Living S S S S S S S S S S S S S A A A
(Type A)
4-300(A)(2)(b)
Group home
(Type B)
S S S S S S S S S S A A A
Rooming house P S P P S S A A 4-300(A)(2)(c)
PUBLIC AND INSTITUTIONAL USES

Community Community center S P P P P P P P P P S S P A A A A
Services
Art galleries, art
centers, and the like
S S S S S S P C P C P P P P A S C A A A A
Cultural facility C S P P P P P S S P P A A A A A
Library S S S S P P P P P C C P P A A A A A


PLANNED
DEVELOPMENT
ADDTL
USE
PD-MEC
PD-TND
PD-PED
DTWN
MF-15
PD-R
PD-C
MF-8
MUC
NMU
MHP
SF-2
SF-3
SF-4
SF-5
SF-8
TYPE
NO
GC
RH
NC
CC
LC
MENTS
OI
IG
IH
IB
Museums S S S S S S P C P C P P P P A C A A A A
Senior center S C P P S P P S S P S A A A
Youth club facility S S P P S P P S S P S A A A
Adult day care
center
S S S S S S A A
Child day care
Day Care center (7 or more P P S S P P P S S S A S A A A A A 4-300(B)(2)(a)
persons)
In home day care
(up to 6 persons)
C C C C C C C S P P A A A 4-300(B)(2)(b)
Arenas (enclosed)
and Auditoriums
related to college or
P P S P A A
university
Athletic fields related
4-300(B)(1)
to college or P P S P A A
university
Bookstores related
to college or P P S P A A
university
College or university P P S P A A
4-300(B)(1)
Chapels related to a
college or university
P P S P A A
Dining facilities
related to college or P P S P A A
university
Offices, related to
P P S P A A 4-300(B)(1)
Medical clinic related
Educational to college or P P S P A A
university
Facilities
Pre-school C P P P P P S S P A A A A A 4-300(B)(2)(a)
Research facilities
related to college or P P S P A A
university 4-300(B)(1)
Retail use related to
P P S P A A
School, elementary C C C C P P P C P P P P P P P P A A A
School, middle or
S S S S C P P P S S P A A A 4-300(B)(7)
junior high
School, senior high S S S S P P P S P P A A A
Stadium related to
P P P A A
Student unions and 4-300(B)(1)
related student
facilities, related to
P P S P A A
Vocational or trade
school
P S S S P S S P A A A
Government
Government maintenance,
S S S S S P S P P P P P S P P P A A
Facilities storage, and
distribution facility
Government office S S S S S P P P P P P P P A P P A A A A


PLANNED
DEVELOPMENT
ADDTL
USE
PD-MEC
PD-TND
PD-PED
DTWN
MF-15
PD-R
PD-C
MF-8
MUC
NMU
MHP
SF-2
SF-3
SF-4
SF-5
SF-8
TYPE
NO
GC
RH
NC
CC
LC
MENTS
OI
IG
IH
IB
Post office S S S P P P P P P P P A P A A A A A
Blood/tissue
collection facility
P P P S P A A A
Drug and alcohol
treatment facility
P S P S 4-300(B)(3)(a)
Hospital P S P P P P A S A A 4-300(B)(3)(b)
Health Care
Medical and dental
Facilities clinic
S P S P C P P P S A P A A A
Medical and dental
lab
P P S P P A A
Medical treatment
facility (20 or fewer P C P C P P P A A A 4-300(B)(3)(c)
beds)
Assisted living
facility
S S S S S S P S P S S S A A A 4-300(B)(4)(a)
Convention center P P P P S S A 4-300(B)(4)(b)

Halfway house
(Type A)
S S S S S S S S A A A
4-300(B)(4)(c)
Halfway house
(Type B)
S S S S S S A A A
Nursing home S S S S S P S A A A A
4-300(B)(4)(a)
Psychiatric
treatment facility
S S P A
Religious institution,
Institutions with seating capacity
less than 300 in S S S S S P P P S P P P P P P P P A S A A A A 4-300(B)(4)(d)
sanctuary or main
activity area
Religious institution,
with seating capacity
of 300 or greater in
sanctuary or main
activity area, or with
accessory schools,
S S S S S P S P S P P P P A A A A 4-300(B)(4)(d)
day care centers
with more than 50
children, or
recreational facilities
Arboretum or
Botanical garden
P P P P P P P P P P S P P S A A A A A
Cemetery,
columbaria, S S S S S S S S S S S S S P P A A 4-300(B)(5)(a)
mausoleum
Parks and Open Community garden P P P P P P P P P P P S P A A A
Areas
Golf course, public P P P P P P P P P P S P A A A A A
Park, public P P P P P P P P P P P P P P P P P A P P A A A A A
Public square P P P P P P P P P P P P P P P P P A P P A A A A A
Correctional facility S P P S 4-300(B)(6)(a)
Fire and EMS S S S S P P P S S P P P P P P P P A P P P A A A A

Public Safety
Police station S S S S P P P S S P P P P P P P P A P P P A A A A A
Sub station for fire
and city police
S S P P P P P P S P P P P P P P P A P P P A A A A


PLANNED
DEVELOPMENT
ADDTL
USE
PD-MEC
PD-TND
PD-PED
DTWN
MF-15
PD-R
PD-C
MF-8
MUC
NMU
MHP
SF-2
SF-3
SF-4
SF-5
SF-8
TYPE
NO
GC
RH
NC
CC
LC
MENTS
OI
IG
IH
IB
Airport S P S A 4-300(B)(8)(a)
Helicopter landing
facilities
P S S S S S S S A A A 4-300(B)(8)(b)
Transportation
Passenger terminal,
surface S P P P P P P A S S P A A A
transportation
Wireless
Communication
tower and/or S S S S S S S S S S A A A 4-300(B)(9)(a)
antenna,
freestanding
Wireless
Communication
antenna, Collocation S S S S S S S S S C C C C C C C C A P P P A A A A A 4-300(B)(9)(b)
Utilities on existing tower or
similar structure
Wireless
Communication
antenna, placement
S S S S C C C C C C C C A P P P A A A A A 4-300(B)(9)(c)
on existing structure
Utility, major S S S S S P S S P P S A P P P A A A 4-300(B)(9)(d)
Utility, minor S S S S S P P P S P P P P P P P P A P P P A A A A A 4-300(B)(9)(e)
COMMERCIAL USES
Agriculture All uses P P P A
Farm market S S P P P S S S A A A A
Agricultural
Support and Nursery, commercial P P P P P A S
Services
Nursery, production P P P P P
Animal shelter S S S A P P
Animal grooming P P P P S P A A A A
Kennel, indoor S S S P S S S P P P S A P S A A 4-300(C)(1)(a)
Animal Care Kennel, outdoor S S P P P A A 4-300(C)(1)(b)
Equine stable P 4-300(C)(1)(c)

Veterinary clinic
without boarding
C C S C P P P S A P A A
4-300(C)(1)(d)
Veterinary clinic with
boarding
S S S S P P P S A S A A
Bakeries, dinner
theatres, or other
Eating entertainment
S S P S P P P P P P A A A A A
Establishments establishments
engaged in the sale
of food products
Restaurant, indoor
seating only
S S P S P P P P P P A S P A A A A
Restaurant, with
4-300(C)(2)(a) &
indoor and outdoor S S P S P C P P P P A S C A A A A (b)
seating only


PLANNED
DEVELOPMENT
ADDTL
USE
PD-MEC
PD-TND
PD-PED
DTWN
MF-15
PD-R
PD-C
MF-8
MUC
NMU
MHP
SF-2
SF-3
SF-4
SF-5
SF-8
TYPE
NO
GC
RH
NC
CC
LC
MENTS
OI
IG
IH
IB
Restaurant, with
indoor and outdoor
seating, drive-in, or
S C S S S P P P P A S S A A A A
walk-up service
Specialty eating
establishment
S S P S P P P P P P A S P A A A A
Conference and
Training Conference center P P P P S S A P A A 4-300(C)(3)
Centers
Business office S P P P P P P P P A P P A A A A
Financial services S P P P P P P P P A S A A A A
Offices Professional
services, including S P P P P P P P P A S S A A A A
medical and dental
Radio and television
broadcasting studio
P P S P P S A A A
Parking, Parking lot S P S P S P P P S A P P A A A 4-300(C)(4)(a)

Commercial Parking structure S P P P P P P P P A P P A A A A A 4-300(C)(4)(b)
Auditorium P P S P P S A S P A A 4-300(C)(5)(a)
Commercial
recreation, indoor
P S P S P P P P A S A A A 4-300(C(5)(b)
Private club or lodge
with seating capacity
of less than 300 in
S S S P S P S P P P P A A A A A
Recreation/ main activity area
Entertainment, Private club or
Indoor lodge, with seating
capacity of 300 or S S P P P P P A A A A
greater in main
activity area.
Theater (less than
500 seats)
P P S P P P P A A A A
Theater (500 seats
or more)
P S S C C C A A A
Arena,
amphitheatre, or P P S P P S A S A A A 4-300(C)(6)(a)
stadium
Commercial
recreation, outdoor S C C C S P P C C P P P A A A A A
Recreation/ (less than 10,000 sf)
Entertainment, Commercial
Outdoor recreation, outdoor S S S S S P P S P P P P A A A
(10,000 sf or more)
Golf course, private P P P P P P P S P P S P A A A A A
Golf driving range S P S P P S S S A A A A
Retail Sales Adult entertainment P P 4-300(C)(7)(b)
and Services
Bar, nightclub, or
[1] cocktail lounge
P S P P P A P A A A A 4-300(C)(7)(c)
Body piercing
establishment
S P P P A A 4-300(C)(7(k)
Business Services P S P S P P P P A S P A A A A 4-300(C)(7)(m)


PLANNED
DEVELOPMENT
ADDTL
USE
PD-MEC
PD-TND
PD-PED
DTWN
MF-15
PD-R
PD-C
MF-8
MUC
NMU
MHP
SF-2
SF-3
SF-4
SF-5
SF-8
TYPE
NO
GC
RH
NC
CC
LC
MENTS
OI
IG
IH
IB
Convenience store
(without gasoline
sales or fast food
C C C P P P P P P P A S P A A A A A
sales)
Convenience store
(with gasoline sales)
S S S C S C P P C A P A A A 4-300(C)(7)(d)
Convenience store
(with gasoline and S S S P P P C A P A A 4-300(C)(7)(d)
fast food sales)
Crematory S S P P 4-300(C)(7)(e)
Drug store or
pharmacy (with drive S S P C P P P P A A A 4-300(C)(7)(f)
through)
Entertainment
establishment
S P S S P P P A A A
Financial institution P S P C P P P P A S S A A A A 4-300(C)(7)(g)
Flea market S P P 4-300(C)(7)(h)
Funeral home S P S P P S A A A
Grocery Store P C P P P P A A A A A
Laundromat S S P P C P P P S A A A A
Liquor Store P C P P P P A A A A A A 4-300(C)(7)(l)
Personal services
establishment
S S P S P C P P P P A S S A A A A 4-300(C)(7)(i)
Repair
establishment
P S P P P P A P P A A A
Retail sales
establishment
P C P P P P A A A A A A
Tattoo parlor P A A 4-300(C)(7)(j)
Vehicle Sales Aircraft parts, sales,
and maintenance
P P S A
and Services
Automobile
painting/body shop
P P P P A A 4-300(C)(8)(a)
Automobile parts
sales and installation
S C P P P C A A 4-300(C)(8)(b)
Automobile rental
and sales
S P P S A P C A A 4-300(C)(8)(c)
Automobile repair
and servicing
(without painting/
S S P P S A P S A 4-300(C)(8)(d)
bodywork)
Automotive wrecker
service
P P S P P 4-300(C)(8)(e)
Boat and marine
rental and sales
P P P A 4-300(C)(8)(f)
Car wash or auto
detailing (full and S S P P S A P A 4-300(C)(8)(g)
self service)
Gasoline filling
station
S S P S P P P S A P P A A A 4-300(C)(8)(h)
Recreational
vehicle/travel trailer P P P A A 4-300(C)(8)(c)
rental and sales
Taxicab service S P S P P P P A P P A A


PLANNED
DEVELOPMENT
ADDTL
USE
PD-MEC
PD-TND
PD-PED
DTWN
MF-15
PD-R
PD-C
MF-8
MUC
NMU
MHP
SF-2
SF-3
SF-4
SF-5
SF-8
TYPE
NO
GC
RH
NC
CC
LC
MENTS
OI
IG
IH
IB
Truck or tractor
rental or sales
S S P P A A 4-300(C)(8)(c)
Truck stop S P P P A 4-300(C)(8)(i)
Bed and breakfast S S S S S S S P P P P P P P S A A A A 4-300(C)(9)(a)

Visitor Campground S P P 4-300(C)(9)(b)
Accom-
modation Hotel or motel P P S P P P S A S A A A 4-300(C)(9)(c)
Tourist Home S S P S P P P A A A A 4-300 C)(9)(d)
INDUSTRIAL AND RELATED USES

Extractive
All uses S P 4-300(D)(1)
Industry
Building, heating,
plumbing, or S P P P A A 4-300(D)(2)(d)
electrical contractor
Electric motor repair P S P P P A 4-300(D)(2)(a)
Fuel oil/bottled gas
distributor
P P A
General industrial
service
P P S A
Heavy equipment
sales, rental, or P P S A 4-300(D)(2)(b)
Industrial repair
Services Laundry, dry
cleaning, and carpet P P S P P S A A 4-300(D)(2)(c)
cleaning facilities
Machine shop P P A 4-300(D)(2)(a)
Repair of scientific
or professional S P P P P P P P A A A A
instruments
Research and
development
P P S P P S P P P A A
Tool repair S S P P P P P P A A 4-300(D)(2)(a)
Manufacturing,
heavy
P A 4-300(D)(3)(a)
Manufacturing,
Manufacturing general
P P S A A
and Production Manufacturing,
limited
S S P P P A A
Printing and
publishing
P P P P P A A
Self-Service
All uses S S P P S A P P S A A 4-300(D)(4)
Storage
Cold storage plant P P A A
Parcel services S P P P S A P S P A A
Wholesaling, Truck or freight
terminal
P P P A
Warehouse and 4-300(D)(5)(a)
Freight Wholesale and
Warehouse, general
P P S A A
Movement
Wholesale and
Warehouse, LImited
S P P P A A
Outdoor storage (as
a principal use)
S S P P A 4-300(D)(5)(b)


PLANNED
DEVELOPMENT
ADDTL
USE
PD-MEC
PD-TND
PD-PED
DTWN
MF-15
PD-R
PD-C
MF-8
MUC
NMU
MHP
SF-2
SF-3
SF-4
SF-5
SF-8
TYPE
NO
GC
RH
NC
CC
LC
MENTS
OI
IG
IH
IB
Energy recovery
plant
S S A
Hazardous waste
collection sites
S
Incinerator S P 4-300(D)(6)(a)
Landfill S S
Land-spreading of
wastes
S S S
Waste-Related
Services Recycling drop-off
center
S S S S P P P P P P P P P P S A A A A 4-300(D)(6)(b)
Recycling and
salvage center
S S A 4-300(D)(6)(c)
Salvage and
junkyard
S
4-300(D)(6)(d)
Tire disposal or
recycling
S S
Waste composting S S 4-300(D)(6)(a)
NOTES:
[1] Retail sales and services uses lawfully established and existing on March 1, 2006, in the Neighborhood Office (NO) district may be allowed to remain
and expand in accordance with Section 8-200(D)(2), Retail Sales and Service Uses in the Neighborhood Office District.
Section 4-200: Use Classifications, Use Categories, and Use Types
4-200 USE CLASSIFICATIONS, USE CATEGORIES, AND USE TYPES

4-200(A) General
(1) Purpose
(a) Use Classifications
Use Classifications organize land uses and activities into general “Use
Categories” and specific “Use Types” based on common functional,
product, or physical characteristics, such as the type and amount of
activity, the type of customers or housing types, how goods or services
are sold or delivered, and site conditions. The Use Classifications provide
a systematic basis for assigning present and future land uses into
appropriate zone districts. Use Classifications describe one (1) or more
uses having similar characteristics, but do not list every use or activity that
may appropriately be within the classification. There are four (4) Use
Classifications in the Table of Allowed Uses: Residential Uses, Public and
Institutional Uses; Commercial Uses; and Industrial and Related Uses.
(b) Use Categories

The Use Categories describe the major sub-groups of the Use
Classification, based on common characteristics (e.g., the Residential
Use Classification is divided into two (2) major Use Categories:
Household Living and Group Living).
(c) Use Types

The Use Categories are divided into specific Use Types. The specific
Use Types are included in the respective Use Category. They identify the
specific uses that are considered to fall within characteristics identified in
the Use Category.
(2) Structure of this Section

(a) General
This section identifies each of the four (4) Use Classifications in the Table
of Allowed Uses (Table 4-100(B)), and includes a section under each Use
Classification identifying each Use Category. There are “Characteristics”
and “Examples” subsections under each Use Category (Use Types are
defined in Article 10: Definitions and Rules of Interpretation).
(b) Principal Use Characteristics and Accessory Uses

The “Characteristics” subsection describes common characteristics of
each Use Category. Principal uses are assigned to the Use Category that
most closely describes the nature of the principal use. Also listed are
examples of common accessory uses, which, unless otherwise stated in
this Ordinance, are allowed in conjunction with a principal use and are
subject to the same standards as the principal use.
(c) Examples
The “Examples” subsection lists common examples of Use Types
included in the respective Use Category. The names of these sample
uses are generic. They are based on common meanings and not on what
a specific use may call itself. For example, a use that calls itself
“Wholesale Sales,” but sells mostly to consumers, is included in the Retail
Sales and Service category rather than the Wholesale Sales category.
This is because the activity on the site matches the characteristics of the
Retail Sales and Service Use Category.
(3) Developments with Multiple Principal Uses

When all principal uses of a development fall within one Use Category, the entire
development is assigned to that Use Category. A development that contains a
coffee shop, bookstore, and bakery, for example, would be classified in the Retail
Sales and Service category because all of the development’s principal uses are in
that Use Category. When the principal uses of a development fall within different
Use Categories, each principal use is classified in the applicable Use Category
and each use is subject to applicable regulations within that category.
Developments with multiple principal uses, such as shopping centers, shall
incorporate only those use types allowed in the underlying zone district.
(4) Unlisted Uses

(a) Procedure for Approving Unlisted Uses
Where a particular Use Type is not specifically listed in Table 4-100(B),
Table of Allowed Uses, the Development Services Director may permit
the Use Type upon a finding the standards of Section 4-200(A)(4)(b),
Standards for Approving Unlisted Uses, are met. The Development
Services Director shall give due consideration to the purpose and intent of
this Ordinance concerning the zone district(s) involved, the character of
the uses specifically identified, and the character of the use(s) in question.
(b) Standards for Approving Unlisted Uses

In order to determine if the proposed use(s) has an impact that is similar
in nature, function, and duration to the other Use Types allowed in a
specific zone district, the Development Services Director shall assess all
relevant characteristics of the proposed use, including but not limited to
the following:
1. The volume and type of sales, retail, wholesale, etc.;
2. The size and type of items sold and nature of inventory on the
premises;
3. Any processing done on the premises, including assembly,

manufacturing, warehousing, shipping, distribution;
4. Any dangerous, hazardous, toxic, or explosive materials used in

the processing;
5. The nature and location of storage and outdoor display of

merchandise, whether enclosed, open, inside or outside the
principal building; predominant types of items stored (such as
business vehicles, work-in-process, inventory, and merchandise,
construction materials, scrap and junk, and raw materials
including liquids and powders);
6. The type, size, and nature of buildings and structures; and
7. The number and density of employees and customers per unit

area of site in relation to business hours and employment shifts;
Subsection 4-200(B): Residential Use Classification
8. Transportation requirements, including the modal split for people

and freight, by volume type and characteristic of traffic generation
to and from the site;
9. Trip purposes and whether trip purposes can be shared by other

Use Types on the site;
10. Parking requirements, turnover and generation, ratio of the

number of spaces required per unit area or activity, and the
potential for shared parking with other Use Types;
11. The amount and nature of any nuisances generated on the

premises, including but not limited to noise, smoke, odor, glare,
vibration, radiation, and fumes;
12. Any special public utility requirements for serving the proposed
Use Type, including but not limited to water supply, wastewater
output, pre-treatment of wastes and emissions required or
recommended, and any significant power structures and
communications towers or facilities; and
13. The impact on adjacent lands created by the proposed Use Type,
which should not be greater than that of other Use Types in the
zone district.
(c) Effects of Finding by Development Services Director

1. Typical Uses: Added to Ordinance
In making the determination described in Section 4-200(A)(4)(a),
Procedure for Approving Unlisted Uses, the Development
Services Director shall recommend a text amendment to this
Ordinance (Section 2-300(A)) if it is determined the particular Use
Type is likely to be common or to recur frequently, or that
omission of specific inclusion and reference in the Table of
Allowed Uses (Table 4-100(B)) is likely to lead to public
uncertainty and confusion. Until final action is taken on a
proposed amendment, the determination of the Development
Services Director shall be binding.
2. Atypical Uses: Determination Binding
In making a determination whether to approve an unlisted use,
the Development Services Director’s determination shall
thereafter be binding on all officers and departments of the City,
without further action or amendment of this Ordinance, if the
Development Services Director finds the particular Use Type is of
an unusual or transitory nature, or is unlikely to recur frequently.
4-200(B) Residential Use Classification
(1) Household Living
(a) Characteristics
The Household Living Use Category is characterized by the residential
occupancy of a dwelling unit by a household. Tenancy is arranged on a
month-to-month or longer basis. Accessory uses commonly associated
with Household Living are recreational activities, raising of pets, hobbies,
and parking of the occupants’ vehicles. Home occupations are accessory
uses that are subject to additional regulations (see Section 4-400(D)(5)).
Subsection 4-200(C): Public and Institutional Use Classification
(b) Examples
Example Use Types include single-family detached dwellings, single-
family attached dwellings, two- to four-family dwellings, townhouses,
multiple family dwellings, live/work dwellings, upper story dwellings above
a non-residential use, mobile homes, manufactured homes, mobile home
parks, and other structures with self-contained dwelling units.
(c) Exceptions
Lodging in a dwelling unit or where units are rented on a less than
monthly basis is classified Visitor Accommodations.
(2) Group Living

(a) Characteristics
The Group Living Use Category is characterized by the residential
occupancy of a structure by a group of people who do not meet the
definition of “household.” The size of the group may be larger than the
average size of a household. Tenancy is arranged on a monthly or longer
basis. Generally, Group Living structures have a common eating area for
residents. The residents may receive care, training, or treatment.
Common accessory uses include recreational facilities, dining facilities,
and parking of vehicles for occupants and staff.
(b) Examples
Example Use Types include dormitories, fraternity or sorority houses,
group homes (Type A and B), and rooming houses.
(c) Exceptions
1. Lodging where tenancy may be arranged for periods of less than
30 days is classified as Visitor Accommodations.
2. Lodging where the residents meet the definition of “household”

and where tenancy is arranged on a month-to-month basis or for
a longer period is classified as Household Living.
3. Most group living facilities are classified as Group Living.

However, group living facilities where individual units meet the
definition of a “dwelling unit” are classified as Household Living.
(d) Exemptions
In accordance with Section 1-400(D)(3), Homes for the Disabled, and
S.C. Code of Laws Section 6-29-770(E) (as amended), homes licensed
by the State to provide twenty-four (24) hour care to nine (9) or fewer
mentally or physically handicapped persons are exempt from the
provisions of this Ordinance. Such uses serving ten (10) or more persons
shall be considered as group home, nursing home, or assisted living
facilities uses, as appropriate.
4-200(C) Public and Institutional Use Classification

(1) Community Services
(a) Characteristics
The Community Services Use Category is characterized by Use Types of
a public, nonprofit, or charitable nature providing a local service to people
of the community. Generally, they provide the service on-site or have
employees at the site on a regular basis. The service is ongoing, not just
for special events. Community centers or facilities that have membership
provisions that are open to the general public to join at any time (for
instance, any senior citizen could join a senior center) are included in the
Community Services Use Category. The Use Type may provide special
counseling, education, or training of a public, nonprofit, or charitable
nature. Accessory uses may include offices, meeting, food preparation,
parking, health, and therapy areas; and athletic facilities.
(b) Examples
Example Use Types include community centers, cultural facilities,
libraries, museums, senior centers, and youth club facilities.
(c) Exceptions
Parks are classified as Parks and Open Areas.
(2) Day Care

(a) Characteristics
The Day Care Use Category is characterized by Use Types that provide
care, protection, and supervision for children or adults on a regular basis
away from their primary residence typically for less than twenty-four (24)
hours per day. Care can be provided during daytime or nighttime hours.
Accessory uses include offices, recreation areas, and parking.
(b) Examples
Example Use Types include adult care centers, child care centers, in-
home day care (up to six (6) children), and preschools. Preschools are
intended to provide limited educational or training services, while other
child day care uses are not.
(c) Exceptions
Day Care does not include public or private schools or facilities operated
in connection with an employment use, shopping center, religious
institution, or other principal use where children are cared for while
parents or guardians are occupied on the premises or in the immediate
vicinity.
(3) Educational Facilities

(a) Characteristics
The Educational Facilities Use Category is characterized by Use Types
that include public and private schools at the primary, elementary, middle,
junior high, or high school level that provide state-mandated basic
education or a comparable equivalent. This Use Category also includes
colleges, universities, and other institutions of higher learning that offer
courses of general or specialized study leading to a degree. Colleges
tend to be in campus-like settings or on multiple blocks. This Use
Category also includes vocational and trade schools. Accessory uses at
schools include offices, play areas, cafeterias, recreational and sport
facilities, auditoriums, and before- or after-school day care. Accessory
uses at colleges or universities include offices, dormitories, food service,
laboratories, health and sports facilities, theaters, meeting areas, athletic
fields, parking, maintenance facilities, and supporting commercial.
(b) Examples
Example Use Types include public and private secondary schools that
provide state-mandated basic education, colleges or universities,
vocational or trade schools and pre-schools.
(4) Government Facilities

(a) Characteristics
The Government Facilities Use Category is characterized by Use Types
that include post offices; government maintenance, storage, and
distribution facilities; and other offices and facilities for the operation of
local, state, or federal government. Accessory uses include maintenance,
storage (indoor and outdoor), fueling facilities, satellite offices, and
parking areas.
(b) Examples
Example Use Types include post offices, government offices, and
government maintenance, storage, and distribution facilities.
(c) Exceptions
1. Passenger terminals for airports and surface transportation are
classified as Transportation.
2. City, county, or state parks are classified as Parks and Open

Space.
3. Water, wastewater, gas, electric, and other infrastructure

services, whether public or private, are classified as Utilities.
4. Waste and recycling services are classified as Waste-Related

Services.
(5) Health Care Facilities

(a) Characteristics
The Health Care Facilities Use Category is characterized by Use Types
that include uses providing medical or surgical care and treatment to
patients. Hospitals and medical treatment facilities offer overnight care,
while clinics provide outpatient care only. Labs serve all health care
facilities, and are not typically intended for walk-in use by members of the
general public. Accessory uses include offices, laboratories, teaching
facilities, meeting areas, cafeterias, parking, maintenance facilities,
housing for staff or trainees, and limited accommodations for family
members.
(b) Examples
Example Use Types include hospitals, medical and dental clinics, medical
and dental labs, medical treatment facilities with fewer than twenty (20)
beds, Hospice houses, short term critical-care houses, outpatient
facilities, and blood collection facilities.
(c) Exceptions
Uses that provide exclusive care and planned treatment or training for
psychiatric, alcohol, or drug problems, where patients are residents and
participants in a program, are classified as Institutions.
(6) Institutions
(a) Characteristics
The Institutions Use Category is characterized by Use Types that provide
a variety of facilities, including buildings that provide meeting areas for
religious activities, convention centers or auditoriums, housing and care
for the elderly or disabled, and housing related to treatment programs.
Accessory uses include school facilities, limited medical treatment
facilities, kitchens/cafeterias, recreation areas, offices, meeting rooms,

parking, and staff residences.
(b) Examples
Example Use Types include religious institutions (with cemeteries,
columbaria, and mausoleums as accessory uses), nursing homes,
assisted living facilities, halfway houses, and psychiatric treatment
facilities.
(c) Exceptions
Group home facilities or residential programs where individual units meet
the definition of a dwelling unit in Article 10: Definitions and Rules of
Interpretation, are classified as Group Living.
(7) Parks and Open Areas

(a) Characteristics
The Parks and Open Areas Use Category is characterized by Use Types
that focus on natural areas consisting mostly of vegetative landscaping or
outdoor recreation, community gardens, parks, public squares, and
cemetery uses. Lands tend to have few structures. Accessory uses may
include club houses, recreational structures, statuary, fountains,
maintenance facilities, concessions, and parking.
(b) Examples
Examples Use Types include arboretums or botanical gardens,
greenways, parks, publicly-owned golf courses, public squares, plazas,
community gardens, cemeteries, columbaria, and mausoleums.
(c) Exceptions
Privately owned golf courses are classified as an Outdoor
Recreation/Entertainment Use Type.
(8) Public Safety

(a) Characteristics
The Public Safety Use Category is characterized by Use Types that
provide public safety services to the general public.
(b) Examples
Example Use Types include correctional facilities, fire and EMS facilities,
police stations, and substations for fire and police. Accessory uses
include offices, teaching facilities, meeting areas, lunch rooms and
cafeterias, sleeping quarters, storage, parking, and maintenance facilities.
(9) Transportation
(a) Characteristics
The Transportation Use Category is characterized by Use Types that
include facilities for the landing and takeoff of airplanes and helicopters,
including loading and unloading areas. Aviation facilities may be
improved or unimproved. This Use Category also includes passenger
terminals for surface transportation. Accessory uses include freight
handling areas, concessions, offices, parking, maintenance, and fueling
facilities.
(b) Examples
Example Use Types include airports, helicopter landing facilities, and bus
and train passenger terminals.
Subsection 4-200(D): Commercial Uses
(c) Exceptions
Private helicopter landing facilities that are accessory to another use may
be considered accessory uses to that use, subject to all the use specific
standards for helicopter landing facilities.
(10) Utilities
(a) Characteristics
The Utilities Use Category includes both Major Utilities, which are
infrastructure services providing regional or community-wide service, and
Minor Utilities, which are infrastructure services that need to be located in
or near the neighborhood or Use Type where the service is provided.
Wireless communication towers also are a type of utility. Services may
be publicly or privately provided. Accessory uses may include parking
and control, offices, monitoring, storage areas, or data transmission
equipment.
(b) Examples
1. Examples of major utilities include water towers, waste treatment
plants, potable water treatment plants, solid waste facilities, and
electrical substations.
2. Examples of minor utilities include water and sewage pump

stations, stormwater retention and detention facilities, telephone
exchanges, ground-based electrical/telephone/cable vaults, and
surface transportation stops.
3. Examples of wireless communication towers (free-standing,

collocated, and roof-mounted) include facilities for transmitting
wireless phones and pager services, and television and radio
broadcasting equipment.
(c) Exceptions
Landfills, recycling and salvage centers, and waste composting uses are
Waste-Related Services uses.
4-200(D) Commercial Uses

(1) Agriculture
(a) Characteristics
The Agriculture Use Category is characterized by general agricultural
activities, including agronomy, aquaculture, horticulture (the commercial
and non-commercial production of crops), honey production, silviculture
(including the harvesting of timber), and similar uses. Accessory uses
may include offices, storage areas, barns, stables, irrigation systems, and
repair facilities related to agriculture uses.
(b) Examples
Examples of Agriculture Use Types include agronomy, aquaculture,
horticulture, silviculture, and similar uses.
(c) Exceptions
1. Produce stands are treated as accessory uses.
2. Animal shelters, grooming establishments, kennels, and stables

housing horses or ponies of owners who do not reside on-site are
Animal Care uses.
(2) Agricultural Support and Services

(a) Characteristics
The Agricultural Support and Services Use Category includes Use Types
that provide support and services to agricultural activities, whether located
on or off-site where the agricultural activities take place.
(b) Examples
Examples of Agricultural Support and Services Use Types include farm
markets, and plant nurseries (commercial and production).
(3) Animal Care

(a) Characteristics
The Animal Care Use Category is characterized by uses related to the
provision of medical services, general care, and boarding services for
domestic animals.
(b) Examples
Examples of Animal Care Use Types include animal shelters, animal
grooming, kennels (outdoor and indoor), equine stables, and veterinary
clinics.
(c) Exceptions
1. The breeding and resale of domesticated animals on a
commercial basis is a Retail Sales Establishment Use Type.
2. The breeding and resale of domesticated animals typically

considered as household pets as part of a residential use is a
Home Occupation.
3. The boarding of horses or ponies owned by persons living in a

dwelling located on the same lot or site is an accessory use.
(4) Eating Establishments

(a) Characteristics
The Eating Establishment Use Category is characterized by
establishments that sell food for on- or off-premise consumption.
Accessory uses may include bars or cocktail lounges associated with the
establishment, decks and patios for outdoor seating, drive-through
facilities, facilities for live entertainment or dancing, customer and
employee parking areas, and valet parking facilities.
(b) Examples
Examples include restaurants, bakeries, dinner theatres, or other
establishments that sale food, and specialty eating establishments.
(c) Exceptions
Bars, nightclubs, or cocktail lounges as a principal use are classified as a
Retail Sales and Services Use Type.
(5) Conference and Training Centers

(a) Characteristics
The Conference and Training Center Use Category is characterized by
facilities used for business or professional conferences, seminars, and
training programs.
(b) Examples
Example use types include conference centers.
(c) Exceptions
Convention centers are classified as Institutional Use Types.
(6) Offices
(a) Characteristics
The Office Use Category includes activities that are conducted in an office
setting and that generally focus on business, professional, or financial
services. Accessory uses may include cafeterias, day care facilities,
recreational or fitness facilities, parking, and supporting commercial, or
other amenities primarily for the use of employees in the firm or building.
(b) Examples
Example Use Types include business services; professional services
such as lawyers, accountants, engineers, or architects; financial services
such as lenders, brokerage houses or real estate agents; medical offices,
such as doctors and dentist offices; and sales.
(c) Exceptions
1. Offices that are part of and located with a principal use in another
Use Category are considered accessory to the establishment’s
primary activity. Headquarters offices, when in conjunction with
or adjacent to a principal use in another Use Category, are
considered part of the other Use Category.
2. Contractors and others who perform services off-site are included

in the Office category if equipment and materials are not stored
outside and fabrication, services, or similar work is not carried on
at the site.
3. Government offices are classified as Government Facilities.
4. Medical and dental clinics, medical and dental labs, and blood-
collection facilities are classified as Health Care Facilities.
5. Financial institutions (banks) which offer drive-through or walk-up

service to patrons are classified as Retail Sales and Services.
(7) Parking, Commercial

(a) Characteristics
The Commercial Parking Use Category is characterized by parking that is
not accessory to a specific principal use. A fee may or may not be
charged. A facility that provides both accessory parking for a specific use
and regular fee parking for people not connected to the use is also
classified as a Commercial Parking facility. Accessory uses may include
small structures intended to shield parking attendants from the weather.
(b) Examples
Example Use Types include short- and long-term fee parking facilities
(both lots and structures) and mixed parking facilities (partially accessory
to a specific use, partially for rent to others).
(c) Exceptions
1. Charge for Parking for Occasional Events
Parking facilities that are accessory to a principal use, but that

charge the public to park for occasional events nearby, are not
considered Commercial Parking uses.
2. Leasing Parking facility to principal Use Not Relevant
Parking facilities that are accessory to a principal use are not
considered Commercial Parking uses, even if the operator leases
the facility to the principal use or charges a fee to the individuals
who park in the facility.
3. Park and Ride Facilities
Park-and-ride facilities are classified as Utilities.
4. Sales or Servicing of Vehicles
Sales or servicing of vehicles is classified as Vehicle Sales and
Services.
(8) Recreation/Entertainment, Indoor
(a) Characteristics
The Indoor Recreation/Entertainment Use Category includes privately
owned uses that provide recreation or entertainment activities in an
enclosed structure or structures. Accessory uses may include offices,
concessions, snack bars, parking, and maintenance facilities.
(b) Examples
1. Commercial Recreation, Indoor
Examples include fitness centers, bowling alleys, dancehalls,
skating rinks, indoor commercial swimming pools, racquetball,
squash, and tennis club facilities (indoor).
2. Other Examples
Other Use Types include private clubs, including fraternal
organizations, union halls, and lodges; as well as theatres, which
includes cinemas, screening rooms, and stages.
(9) Recreation/Entertainment, Outdoor
(a) Characteristics
The Outdoor Recreation/Entertainment Use Category includes large,
generally commercial uses that provide continuous recreation or
entertainment-oriented activities that primarily take place outdoors. They
may take place in a number of structures that are arranged together in an
outdoor setting. Accessory uses may include concessions, parking, and
maintenance facilities.
(b) Examples
Examples include privately-owned stadiums, amphitheatres, or arenas;
privately-owned golf driving ranges and courses; privately-owned
miniature golf facilities; motor vehicle racing; drive-in movies; privately-
owned outdoor commercial tourist attractions, water, and amusement
parks; swimming pools; and privately-owned active sports facilities such
as ballfields, courts, and archery ranges.
(c) Exceptions
1. Banquet halls that are part of hotels or restaurants are accessory
to those uses, which are included in the Visitor Accommodations
or Eating Establishment categories, respectively.
2. Publicly-owned golf courses, tennis courts, swimming pools,

basketball courts and other similar outdoor recreational facilities
are classified as Parks and Open Areas.
3. Indoor continuous entertainment activities such as theaters,

bowling alleys, pool halls, or dancehalls are classified as Indoor
Recreation/Entertainment.
(10) Retail Sales and Services

(a) Characteristics
The Retail Sales and Services Use Category is characterized by Use
Types involved in the sale, lease, or rent of new or used products to the
general public. They may also provide personal services or
entertainment, or provide product repair or services for consumer and
business goods. Accessory uses may include offices, storage of goods,
manufacture or repackaging of goods for on-site sale, concessions, ATM
machines, outdoor display/sales areas, and parking.
(b) Examples
Example Use Types include uses from the four (4) following groups:
1. Retail Sales Establishment

Stores selling, leasing, or renting consumer, home and business
goods, whether new or used, including alcohol for off-site
consumption, art, art supplies, bakeries, bicycles, books, clothing,
dry goods, electronic equipment, fabric, furniture, flowers, garden
supplies, gifts, groceries and food sales, hardware, home
improvements, household products, jewelry, recorded music,
pets, pet food, pharmaceuticals, plants, printer material,
stationary, and videos.
2. Personal Service Establishments
Financial institutions; laundromats, laundry and dry-cleaning
drop-off establishments; photographic studios; mailing or packing
services; photocopy and blueprint services; hair, tanning, and nail
salons; personal care services; massage therapy and day spas;
psychics and mediums; martial arts schools; dance or music
classes; taxidermists; income tax return preparers; funeral
homes, crematories, and mortuaries; and tattoo and body
piercing establishments.
3. Repair Establishment
Repair of TV’s, bicycles, clocks, watches, shoes, guns, canvas
products, appliances and office equipment; tailoring and shoe
repair; locksmith; and upholsterer.
4. Entertainment Establishment
Bars, nightclubs, cocktail lounges, or facilities offering continuous
indoor entertainment activities such as game arcades or indoor
firing ranges.
5. Adult Entertainment
Adult entertainment uses are uses that sell or distribute material or
provide activities with sexually explicit content, including the display of
specified anatomical areas and/or specified sexual activities. While such
uses are allowed to operate within the City, they may be required to be
separated from other existing uses and designed to minimize impact and
protect the health, safety and welfare of the residents of the City. No
more than one (1) sexually oriented business use may occupy a single
building or lot, and such uses may not be accessory uses to another
business. The sale of fuel, alcoholic beverages for off-site consumption,
massage, or shower or bath services is prohibited within a sexually
oriented business. Adult entertainment uses include sexually oriented
media stores (adult book stores), sex shops (sexual paraphernalia store),
sexually oriented cabarets (strip clubs), and sexually oriented motion
picture theatres.
(c) Exceptions
1. Laundry and dry-cleaning plants are considered Industrial
Services.
2. Building trade contractors with on-site storage that sell primarily

to contractors and do not have a retail orientation are classified
as Warehouse and Freight Movement.
3. Repair and service of vehicles, motorcycles, and light and

medium trucks is classified as Vehicle Sales and Service.
4. Bakeries, bars, dinner theatres, or entertainment establishments

primarily engaged in the sale of food of food products for on-site
consumption are Eating Establishments.
5. Theatres, cinemas, and stages are Indoor

Recreation/Entertainment Uses.
6. Uses offering financial, professional, or business services by

appointment or with only limited contact with members of the
general public are Office uses.
7. A crematory is not an accessory use to a funeral home.
(11) Vehicle Sales and Services

(a) Characteristics
The Vehicle Sales and Services Use Category is characterized by the
direct sales of and services of passenger vehicles, light and medium
trucks, motorcycles, and other consumer motor vehicles intended for
transport of goods or persons over land, water, or in the air; whether for
recreation, commerce, or personal transport. Accessory uses may
include offices, sales of parts, maintenance facilities, parking, outdoor
display and sales, and vehicle storage.
(b) Examples
Examples include rental and sales of automobiles, recreational vehicles,
boats, motorcycles, off-road vehicles, and aircraft; automobile, aircraft
and marine repair and servicing; automobile wash and detail shops; gas
stations; transmission or muffler shops; towing service; tire sales and
mounting; taxicab service; or truck or trailer rental.
(c) Exceptions
1. Refueling facilities for vehicles that belong to a specific use (fleet
vehicles) are considered accessory uses if they are located on
the site of the principal use.
2. Storage of inoperable vehicles or parts is a Waste-related

Service.
Subsection 4-200(E): Industrial and Related Uses
(12) Visitor Accommodation

(a) Characteristics
The Visitor Accommodation Use Category includes dwelling units
arranged for short-term stays of less than thirty (30) days for rent, lease,
or interval occupancy. Accessory uses may include pools and other
recreational facilities, limited storage, restaurants, supporting commercial,
bars, meeting facilities, and offices.
(b) Examples
Examples include bed and breakfasts, campgrounds, hotels or motels,
and tourist homes.
(c) Exceptions
Rooming houses are Group Living uses.
4-200(E) Industrial and Related Uses

(1) Extractive Industry
(a) Characteristics
The Extractive Industry Use Category is characterized by businesses that
are engaged in the extraction, removal, or basic processing of minerals,
liquids, gases, or other natural resources. Such uses also include
quarrying, well operation, mining, or other procedures typically done at an
extraction site. Accessory uses include offices, limited wholesale sales,
security or caretakers quarters, outdoor storage, and maintenance
facilities.
(b) Examples
Typical uses include quarries, borrow pits, sand and gravel operations.
(2) Industrial Services

(a) Characteristics
The Industrial Services Use Category is characterized by businesses that
are engaged in the repair or servicing of industrial, business, or consumer
machinery, equipment, products, or by-products. Firms that service
consumer goods do so by mainly providing centralized services for
separate retail outlets. Contractors and building maintenance services
and similar uses perform services off-site. Few customers, especially the
general public, come to the site. Accessory activities may include limited
retail or wholesale sales, offices, parking, warehousing, and outdoor
storage.
(b) Examples
Example Use Types include machine shops; tool repair; electric motor
repair; repair of scientific or professional instruments; heavy equipment
sales, rental, repair, or storage; heavy equipment servicing and repair;
building, heating, plumbing, or electrical contractors; fuel oil distributors;
research and development facilities; and laundry, dry-cleaning, and carpet
cleaning plants.
(c) Exceptions
Contractors and others who perform services off-site are included in the
Offices Use Category if major equipment and materials are not stored on-
site and fabrication or similar work is not carried out on-site.
(3) Manufacturing and Production

(a) Characteristics
The Manufacturing and Production Use Category is characterized by
firms involved in the manufacturing, processing, fabrication, packaging, or
assembly of goods. Products may be finished or semi-finished and are
generally made for the wholesale market, for transfer to other plants, or to
order for firms or consumers. Custom industry is included (i.e.,
establishments primarily engaged in the on-site production of goods by
hand manufacturing involving the use of hand tools and small-scale
equipment). Goods are generally not displayed or sold on site, but if so,
they are a subordinate part of sales. Relatively few customers come to
the manufacturing site. Accessory uses may include retail or wholesale
sales, offices, cafeterias, parking, employee recreational facilities,
warehouses, storage yards, repair facilities, truck fleets, fueling facilities,
security and caretaker’s quarters.
1. Heavy Manufacturing
Heavy Manufacturing is the manufacture or compounding
process of raw materials. These activities may involve outdoor
operations as part of their manufacturing process.
2. Light Manufacturing
Light Manufacturing is the mechanical transformation of
predominantly previously prepared materials into new products,
including assembly of component parts and the creation of
products for sale to the wholesale or retail markets or directly to
consumers. Such uses are wholly confined within an enclosed
building, do not include processing of hazardous gases and
chemicals, and do not emit noxious noise, smoke, vapors, fumes,
dust, glare, odor, or vibration.
(b) Examples
1. Heavy Manufacturing
Example Use Types of heavy manufacturing include, but are not
limited to: manufacture or assembly of textiles, machinery,
equipment, instruments, including musical instruments, vehicles,
appliances; rendering; and petroleum refining.
2. Light Manufacturing
Example Use Types of light manufacturing include: production or
repair of small machines or electronic parts and equipment;
sewing or assembly of textiles into consumer products;
woodworking and cabinet building; publishing and lithography;
computer design and development; communications equipment,
precision items and other electrical items; research, development,
and testing facilities and laboratories; sign making, assembly of
pre-fabricated parts, manufacture of electric, electronic, or optical
instruments or devices; manufacture and assembly of artificial
limbs, dentures, hearing aids, and surgical instruments;
manufacture, processing, and packing of food products,
cosmetics, and manufacturing of components, jewelry, clothing,
trimming decorations, and any similar item.
(c) Exceptions
1. Goods Sold On-Site
Manufacturing of goods to be sold primarily on-site and to the
general public is classified as Retail Sales and Services if the
manufacturing area does not exceed thirty-five percent (35%) of
the floor area of the development.
2. Goods from Salvage Materials

Manufacturing and production of goods from salvage material is
classified as Waste-Related Services.
3. Goods From Composting Organic Materials
Manufacturing and production of goods from composting organic
material is classified as Waste-Related Services.
(4) Self-Service Storage
(a) Characteristics
The Self-Service Storage Use Category is characterized by uses that
provide separate storage areas for individual or business uses. The
storage areas are designed to allow private access by the tenant for
storing or removing personal property. Accessory uses may include living
quarters for a resident manager, security and leasing offices, and outside
storage of boats and campers. Use of the storage areas for sales,
service, repair, or manufacturing operations is prohibited, and not
considered accessory to the use. The rental of trucks or equipment is
also not considered accessory to the use.
(b) Examples
Example Use Types include facilities that provide individual storage areas
for rent. These uses are also called “mini-warehouses.”
(c) Exceptions
A transfer and storage business where there are no individual storage
areas or where employees are the primary movers of the goods to be
stored or transferred is in the Warehouse and Freight Movement Use
Category.
(5) Warehouse and Freight Movement

(a) Characteristics
The Warehouse and Freight Movement Use Category includes
establishments that are involved in the storage or movement of goods for
themselves or other firms or businesses. Goods are generally delivered to
other firms or the final consumer, except for some will-call pickups. There
is little on-site sales activity with the customer present. Accessory uses
include offices, truck fleet parking, outdoor storage, and maintenance
areas.
(b) Examples
Example Use Types include separate warehouses used for storage by
retail stores such as furniture and appliance stores; warehouses used for
distribution by trucking companies; household moving and general freight
storage; cold storage plants, including frozen food lockers; outdoor
storage, and parcel services.
(c) Exceptions
1. Contractor’s offices that do not include storage yards are
classified as Offices.
2. Use Types that involve the transfer or storage of solid or liquid

wastes are classified as Waste-Related Services.
(6) Waste-Related Services

(a) Characteristics
The Waste-Related Services Use Category includes Use Types that
receive solid or liquid wastes from others for disposal on the site or for
transfer to another location, uses that collect sanitary wastes, or uses that
manufacture or produce goods or energy from the composting of organic
material or processing of scrap or waste material. This Use Category
also includes Use Types that receive hazardous wastes from others.
Accessory uses may include recycling of materials, offices, outdoor
storage, and repackaging and trans-shipment of by-products.
(b) Examples
Example Use Types include recycling and salvage centers, land-
spreading of waste, sanitary landfills, tire disposal or recycling, waste
composting, incinerators, energy recovery plants, salvage and junkyards,
hazardous waste collection sites; and recycling drop-off centers.
(c) Exceptions
Waste treatment plants and potable water treatment plants are classified
as Utilities.
(7) Wholesale Sales

(a) Characteristics
The Wholesale Sales Use Category includes firms involved in the sale,
lease, or rent of products primarily intended for industrial, institutional, or
commercial businesses. The uses emphasize on-site sales or taking of
orders and often include display areas. Businesses may or may not be
open to the general public, but sales to the general public are limited.
Products may be picked up on-site or delivered to the customer.
Accessory uses may include offices, product repair, warehouses, minor
fabrication services, outdoor storage, and repackaging of goods.
(b) Examples
Examples include sale or rental of machinery, equipment, heavy trucks,
building materials, special trade tools, welding supplies, machine parts,
electrical supplies, janitorial supplies, restaurant equipment and store
fixtures; mail order houses; and wholesalers of food, clothing, plants and
landscaping materials, auto parts, and building hardware.
(c) Exceptions
1. Firms that engage primarily in sales to the general public or on a
membership basis are classified as Retail Sales and Services.
2. Firms that are primarily storing goods with little on-site business
activity are classified as Warehouse and Freight Movement.
Section 4-300: Use Specific Standards
Subsection 4-300(A): Residential Uses
4-300 USE SPECIFIC STANDARDS

Use-specific standards are the requirements applied to individual Use Types regardless of the
zone district where they are located, or the review procedure under which they are approved. This
section is intended to list the use-specific standards for all principal uses identified in Table 4-
100(B), Table of Allowed Uses, as being subject to additional requirements. These standards may
be modified by other applicable requirements in this Ordinance.
4-300(A) Residential Uses

Where the language in this section refers to a separation of a use from certain zoning districts or
other uses; the distance requirement may be modified by special exception based on the following
criteria: 1)There are no adverse impacts to the residential or institutional properties within the
specified separation distance that are greater than those generally experienced in the area from
other permitted uses in the district, including but not limited to noise, light, and traffic; 2) any
impacts of the use can be mitigated through buffering, screening or other mechanisms that are
made a part of the site plan for the property; and 3) The separation requirements for the following
uses are not subject to reduction through special exception: adult entertainment, tattoo parlor,
body piercing establishment, check cashing establishment, title loan lender or deferred
presentment lender.
(1) Household Living

(a) Manufactured/Mobile Home Park
A manufactured/mobile home park located in the MHP district shall:
1. Obtain Site Plan Approval

Obtain approval of a Site Plan (Section 2-300(H)) that depicts
compliance with the standards in this subsection;
2. Site Area
Be a minimum of four (4) acres in size;
3. Maximum Residential Density
Not exceed seven (7) units per acre;
4. Require Removal of Transportation Equipment
Require all dwelling units within the park to remove all
transportation-related equipment;
5. Utility Service
Require all dwelling units and other habitable structures in the
park to be served by buried electric lines;
6. Require a Minimum Roof Pitch
Require all dwelling units in the park to have a minimum roof pitch
on the main roof of not less than one (1) foot of rise for each four
(4) feet of horizontal run, and a roof overhang of at least six (6)
inches on all sides;
7. Minimum Dwelling Unit Space Area
Include a minimum four thousand (4,000) square foot space for
each dwelling unit;
8. Setback from Perimeter of Park
Setback all development a minimum of twenty (20) feet from the
property boundary of the park, including any street abutting the
park;
9. Setback from Perimeter of Dwelling Unit Space
Setback any dwelling or accessory structure a minimum of four

(4) feet from the perimeter of the dwelling unit space where
located;
10. Spacing Between Dwelling Units

Setback from any other dwelling unit, park driveway, or common
building (e.g., laundry facilities) a minimum of fifteen (15) feet;
11. Park Driveways
Construct all park driveways using generally accepted
engineering practices to provide a minimum pavement width of
twenty-four (24) feet to allow safe and adequate access to each
dwelling unit space not served by a public street abutting the
park. Park driveways not connecting to public streets shall
include a minimum fifty- (50) foot radius cul-de-sac;
12. Parking
Provide a minimum of two (2) parking spaces for each dwelling
unit space, located within or adjacent to the dwelling unit space
they serve. Parking may occur on one (1) side of the park
driveway when the pavement width is a minimum of thirty-two
(32) feet, and on both sides of the park driveway when the
pavement width is a minimum of forty (40) feet;
13. Walkways
Serve each dwelling unit space with a minimum three- (3) foot
wide all-weather surface walkway that connects each space with
common park buildings or facilities;
14. Active Recreation Area
Provide a minimum of one hundred-fifty (150) square feet of land
per dwelling unit space suitable for use as a centrally-located
common active recreation area;
15. Perimeter Landscaping
Provide a perimeter buffer around the park in accordance with the
standards for a multiple family dwelling as specified in Table 6-
300(F)(2), Buffer Class Application;
16. Complete Construction Prior to Occupancy
Construct the required park driveways, required utilities, common
buildings, and active recreation area for at least fifteen (15) of the
dwelling units before any part of the park is occupied; and
17. Comply with Article 8: Nonconformities
Comply with the applicable standards in Article 8:
Nonconformities.
(b) Live/Work Unit
Live/Work units in the IB zone shall be part of a specifically
designed complex of live/work units addressing the privacy and
livability needs of the residential component of the development
and utilizing on-site buffering or screening as necessary to
mitigate the impacts of adjacent permitted uses within the IB
district.
(2) Group Living

Except for homes for the disabled (see Section 1-400(D)(3), Homes
for the Disabled), Group Living uses shall comply with the following
standards.
(a) Dormitory
All dormitories shall comply with the following standards:
1. Accessory
Be accessory to an educational facility located on the same site
or campus; and
2. Residents
House only persons who are students at the educational facility.
(b) Group Home (Type A and B)
A group home (Type A and B) shall comply with the following standards:
1. General
Group home uses shall:
a. Be safe and sanitary;
b. Not be occupied by a person who would constitute a

direct threat to the health and safety of other persons;
c. Not locate an off-street parking area closer than twenty-

five (25) feet to the property line; and
d. Comply with all other relevant local laws, state laws, and
other regulations.
2. Spacing Between Group Homes

a. Group Home (Type A) uses shall not be located within a
radius of three thousand (3,000) feet of another Group
Home (Type A) use (measured from the nearest point of
the existing home to the nearest point of the proposed
home);
b. Group Home (Type B) uses shall not be located within a

radius of three thousand (3,000) feet of another group
home use (measured from the nearest point of the
existing home to the nearest point of the proposed
home).
3. Description of Services
The application for a group home (Type A or B) shall include the
following:
a. A description of the services to be provided and relevant
licensing requirements;
b. A description of the administrative support to be provided,

including office space, equipment, qualified staff to
perform the specific activities proposed, and staff
supervision;
Subsection 4-300(B): Public and Institutional Uses
c. A description of the number and qualifications of staff

operating the use;
d. A description of how volunteers may be used in the

provision of services and the training and supervision
volunteers will receive;
e. A description of how service records for each client using

the facility will be maintained and kept current; and
f. A description of how public awareness and education will

be promoted on a neighborhood level.
(c) Rooming House

A rooming house shall comply with the following standards:
1. Maximum Number of Renters

No more than five (5) renters shall be permitted at any one (1)
time.
2. Sleeping Rooms
Sleeping rooms in a rooming house shall:
a. Not include individual kitchen facilities; and
b. Be accessed via a common room or hallway, and shall

not have individual access to the outside (except for
emergency exits).
4-300(B) Public and Institutional Uses

presentment lender.
Public and Institutional uses shall comply with the following.
(1) Colleges and Universities

Uses associated with a college or university shall:
(a) Only be permitted in conjunction with and on the same site as a college or
university use; and
(b) Meet the parking requirements for the corresponding Use Type in Table
6-100(D)(1), Minimum Off-Street Parking Standards, unless proposed as
part of PD-PED (see Section 3-400(G)(5)).
(2) Day Care

(a) Child Day Care Center; Pre-school
Child day care centers and pre-schools shall comply with the following
standards:
1. Location
If not located in a stand-alone building: (a) be located on the first
floor of a principal structure, and (b) be segregated (including the
restrooms) from the remaining portion of the building in which it is
located.
2. Size
Not be not less than two hundred eighty (280) square feet in size,
plus an additional forty (40) square feet in area per child
permitted.
3. Outdoor Play Areas
Outdoor play areas shall:
a. Be a minimum of five hundred twenty-five (525) square
feet in size, plus an additional seventy-five (75) square
feet per child on the site;
b. Include a fence at least three-and-one-half (3½) feet in

height that completely encloses the play area, that is
designed so all persons entering the play area are within
direct line of sight from the classroom areas;
c. Not locate play equipment within the required yard or

setback of any district;
d. Be safely segregated from parking, loading, or service

areas; and
e. Not conduct outdoor play activities after 8:00 P.M.
4. Parking Area, Vehicular Circulation, and Drop-Off and Pick-Up

Design parking areas and vehicular circulation patterns to:
a. Enhance the safety of children as they arrive at and leave
the facility; and
b. Include a designated pickup and delivery area, providing

at a minimum one (1) parking space per twenty (20)
children, that is located adjacent to the child care
structure in such a way that children do not have to cross
vehicular travelways to enter or exit the center.
5. Located on Site of Religious Institution

If located on the site of a religious institution, be allowed as an
accessory use only if designed and located to be compatible with
adjacent land uses in terms of hours of operation, noise, lighting,
parking, and similar considerations, and not cause significant
traffic impacts.
6. Accessory Uses
If allowed as an accessory use to a Retail Sales and Service or
Office use, not exceed twenty percent (20%) of the heated floor
area of the principal use.
(b) In Home Day Care
In home day care uses shall comply with the following standards:

2. Maximum Size
Be limited to a maximum of six (6) persons receiving care;
3. Outdoor Play Area
If an outdoor play area is provided, it shall be fenced with a solid
(opaque) fence at least four (4) feet high;
4. Rock Hill Building Code
In home day care uses with five (5) or more persons shall comply
with the standards for such uses listed in the International
Building Code; and
5. Comply with Off-Street Parking Standards
Comply with all applicable standards in Section 6-100, Off-Street
(3) Health Care Facilities
(a) Drug and Alcohol Treatment Facility
Drug and alcohol treatment facilities shall comply with the standards for
group home uses in Section 4-300(A)(2)(b), Group Home (Type A and B),
regardless of the number of patients.
(b) Hospital
A hospital shall comply with the following standards:
1. Area
Be located on a site or parcel a minimum of five (5) acres in area;
2. Location on Arterial or Collector Street
Be located on an arterial or collector street;
3. Public Water and Wastewater
Be served by a public water and wastewater system; and
(c) Medical Treatment Facility; Outpatient Facility
A medical treatment facility or outpatient facility in the NO and NC zone
districts shall:
1. Be small-scale (gross floor area not exceeding two thousand five

hundred (2,500) square feet); and
2. Design visitor and patient facilities associated with the use so as

to be compatible with surrounding uses.
(d) Medical and Dental Clinic

A medical or dental clinic in the IB district shall be limited to
occupational health practice.
(4) Institutions
(a) Assisted Living Facility; Nursing Home; Psychiatric Treatment
Facility
1. Any supporting retail sales and services uses accessory to the
principal use shall be enclosed within the principal structure, shall
not exceed twenty percent (20%) of the heated floor area of the
principal structure, and shall only be accessed through the

principal structure.
2. Such uses shall provide an open space set-aside in accordance

with the requirements for non-residential development in Section
6-600, Open Space Standards.
(b) Convention Center

Convention centers shall comply with the following standards:
1. Minimum Lot Area

Be no less than five (5) acres in area;
2. Distance from Residential District
The building shall be located a minimum of five hundred (500)
feet from any residential district, as measured from all property
lines; and
3. Vehicular Access
Locate all points of vehicular access from an arterial or major
collector street. The access points shall be located to minimize
vehicular traffic to and through local streets in residential areas.
(c) Halfway House (Type A and B)
Halfway houses shall meet the use specific standards for a group
home (Type A or Type B) (Section 4-300(A)(2)(b)), as
appropriate.
(d) Religious Institution
Religious institutions shall:
1. Front Arterial or Collector Street

Be located on a parcel or site that fronts an arterial or collector
street;
2. Child Day Care Center
Design any accessory child day care center or overnight child
care center associated with the religious institution to comply with
the standards of Section 4-300(B)(2)(a), Child Day Care Center;
Pre-School;
3. Modification of Standards
The Development Services Director shall have the authority to
grant modifications to any of the standards listed in this section in
order to eliminate a substantial burden on religious exercise as
guaranteed by the federal Religious Land Use and
Institutionalized Persons Act of 2000 (42 U.S.C. Sec. 2000), as
amended. In granting such a modification, the Development
Services Director may require conditions consistent with the
federal act that will secure substantially the objectives of the
modified standard and that will substantially mitigate any potential
adverse impact on the environment or on adjacent properties.
4. Religious Institutions in the IB District
The intent of this special exception use is to allow limited
temporary use of an existing industrial building for small scale
start-up religious institutions. Such uses shall meet the following
criteria:
a. Regular group use shall be limited to times outside of

customary business hours.
b. No accessory uses such as day care or schools are
permitted.
c. A specific time limit shall be placed on the approval, based on
an planned transition to a permanent location.
(5) Parks and Open Space

(a) Cemetery, Columbaria, Mausoleum
Columbaria, mausoleums, or other buildings for the purposes of interment
located within one hundred (100) feet of vacant land classified as RH, SF-
2, SF-3, SF-4, SF-5, or SF-8, or lands on which single-family detached
development is located, shall not exceed two (2) stories in height.
(6) Public Safety

(a) Correctional Facility
Correctional facilities shall comply with the following standards:
1. Be on a parcel or site that is at least twenty (20) acres in size;

and
2. Be located at least fifteen hundred (1,500) feet from vacant land

classified as RH, SF-2, SF-3, SF-4, SF-5, or SF-8, or lands on
which single-family detached development is located.
(7) School, Elementary, Junior, or High

Any elementary, junior, or high school proposed within a single-
family residential district (RH, SF-2, SF-3, SF-4, SF-5, or SF-8) on a
site or parcel of twenty (20) acres in size or smaller shall:
(a) Front Arterial or Collector Street

Be located on a parcel or site which fronts an arterial or collector street;
and
(b) Temporary Structures

If temporary structures are needed for expansion space, such structures
shall:
1. Not be located between the principal building and any abutting

right-of-way (an exception to this standard shall be considered
where there is no other practical alternative due to topography,
presence of utilities or easements, existence of undisturbed open
space and buffers, or other site features that are beyond the
landowner’s control); and
2. Comply with the appropriate standards in Section 4-500(F)(1),

Expansion or Replacement of Existing Facilities.
(8) Transportation
(a) Airport
Uses and accessory uses associated with Bryant Field shall comply with
the requirements and standards in the Rock Hill/York County Airport
Master Plan.
(b) Helicopter Landing Facility

A helicopter landing facility shall comply with the following standards:
1. Land Area
Provide adequate land area for take-off and landing to ensure
public safety in accordance with FAA standards.
2. Located Within 500 Feet of Existing Residential Use
Where located within five hundred (500) feet of from vacant land
classified as RH, SF-2, SF-3, SF-4, SF-5, or SF-8, or lands on
which single-family detached development is located, provide an
adequate buffer along the property line to ensure the helicopter
landing facility does not adversely impact those areas.
(9) Utilities
(a) Wireless Communication Tower, and/or Antenna, Freestanding
1. Purpose and Intent
The purpose of this section is to establish general standards for
the siting of wireless communications towers and antennas. The
intent is to:
a. Protect residential areas and land uses from potential
adverse impacts of towers and antennas;
b. Encourage the location of towers in non-residential areas;
c. Minimize the total number of new towers throughout the

City;
d. Strongly encourage the joint use of new and existing

tower sites as a primary option rather than construction of
additional single-use towers;
e. Encourage users of towers and antennas to locate them,

to the extent possible, in areas where the adverse impact
on the community is minimal;
f. Encourage users of towers and antennas to configure

them in a way that minimizes the adverse visual impact of
the towers and antennas through careful design, siting,
landscape screening, and innovative camouflaging
techniques;
g. Enhance the ability of the providers of

telecommunications services to provide such services to
the community quickly, effectively, and efficiently;
h. Consider the public health and safety concerns of

communication towers and antennas; and
i. Avoid potential damage to adjacent properties from tower

failure through engineering and careful siting of tower
structures.
2. Applicability
a. Unless specified in Section 4-300(B)(9)(a)(3),
Exemptions, all wireless communication towers and
antennas in the City (including those permitted as an
accessory use) shall be subject to these standards

unless otherwise specified in this Ordinance.
b. Wireless communication towers and antennas shall

comply with the standards in this section regardless of
their status as a principal or accessory uses.
c. For purposes of measurement, tower separation

distances shall be calculated and applied to facilities
irrespective of City and County jurisdictional boundaries.
d. Wireless communication towers which do not have at

least one (1) user at the time of construction shall be
prohibited.
3. Exemptions
The following shall be exempt from the standards of this section
(but shall be required to comply with other relevant standards in
this Ordinance, such as accessory use or design standards):
a. Ground-based freestanding wireless communication
towers with an overall height (including antennas) of sixty
(60) feet or less.
b. Building-mounted wireless communications towers with

an overall height (including antennas) of twenty (20) feet
or less.
c. Receive-only “dish” antennas with a diameter of thirty-

nine (39) inches or less located in a residential district
and eighty (80) inches or less located in a business
district, subject to the accessory use standards in Section
4-400(D)(12), Satellite Dish Antenna.
d. Receive only television or radio antennas for non-

commercial use.
e. Antennas legally operated by FCC-licensed amateur

radio operators.
4. Standards for Freestanding Wireless Communication Towers

Freestanding wireless communication towers, whether as a
principal or accessory use, shall comply with the following
standards:
a. Safety
i. Towers shall be designed to meet the wind
loading requirements specified in the American
National Standards Institute TIA-222-F Report
(as amended).
ii. The owner/applicant shall provide assurance that

the structural integrity of towers and antenna will
continue to comply with state and federal
standards, local building codes, and the
applicable standards for towers published by the
American National Standards Institute (ANSI), as
amended. If, upon inspection, it is determined a
tower fails to comply with such standards and

constitutes a danger to persons or property, the
owner shall be notified he/she has thirty (30)
days to bring the tower into compliance. Failure
to bring the tower into compliance within thirty
(30) days shall constitute grounds for the removal
of the tower at the owner's expense.
b. Height
Freestanding wireless communication towers or towers
mounted on an existing structure shall comply with the
height standards in Table 4-300(B)(2): Wireless
Communication Facility Height Standards:
TABLE 4-300(B)(2): WIRELESS COMMUNICATION FACILITY

HEIGHT STANDARDS
MAXIMUM HEIGHT [1]

ZONE DISTRICT(S)
(FEET)
IG, IH, IB 400
CC, GC 250
OI, NO, DTWN, NC, LC, MUC [2] 100
PD Districts As specified in PD Master Plan

NOTES:
[1] Wireless communication towers mounted on existing structures such as
buildings, water tanks, or other similar structures shall be limited to one–half
(½) the height of the structure, or to ninety (90) feet, whichever is less.
[2] New wireless communications towers shall only be permitted on lots in
the business zone districts or allowable business use structures.
c. Franchises and Licenses

i. It shall be demonstrated all franchises and
licenses required by law for the construction
and/or operation of a tower or antenna have
been obtained.
ii. If the owner/applicant is not a communications

provider, then the owner/applicant shall obtain a
business license from the City.
iii. No business license shall be required if the

proposed wireless communications tower is used
solely for non-commercial services such as
amateur radio.
d. Color
i. Towers shall either maintain a galvanized steel
finish or, subject to any applicable standards of
the FAA, be painted a neutral color (i.e., light
grey) to reduce visual obtrusiveness.
ii. At a tower site, the design of buildings and

related structures shall, to the maximum extent
practicable, use materials, colors, textures,

screening, and landscaping that will blend them
into the natural setting and surrounding buildings.
e. Lighting
Towers shall not be artificially lighted, unless required by
the FAA or other applicable authority. Subject to
approval by the FAA, obstruction lights shall strobe in the
daytime, and shall be red and non-flashing from dusk
until dawn. If lighting is required, the lighting alternatives
and design shall result in the minimum disturbance to
surrounding views from the ground.
f. Signage
A single sign measuring no more than two (2) square feet
in size shall be located on or near the tower, and shall
identify the tower owner, the street address of the tower,
the owner’s identification code for the tower, and a
twenty-four (24) hour emergency contact telephone
number.
g. Single Lot
Towers, guy anchors, equipment buildings, and any other
appurtenances related to a wireless communications
tower shall be located on a single parcel or tract of land.
h. Setbacks
Wireless communications facilities shall comply with the
following setback standards:
i. Self supporting towers shall meet the minimum

setback standards for the zone district where
located, plus an additional distance equivalent to
ten percent (10%) of the height of the tower.
ii. Guyed towers shall meet the minimum setback

standards for the zone district where located. The
setback shall be measured from a line connecting
the outermost anchor points for guy wires.
iii. A tower shall be setback the minimum distance

required in the base zone district where located,
or a distance equal to one-half (½) the height of
the tower (whichever is greater), from any
Historic (YH) Overlay district or Historic Property
designated by this Ordinance. For guyed towers,
the setback shall be measured from a line
connecting the outermost anchor points for guy
wires.
iv. Equipment buildings associated with a wireless

communication facility shall meet the minimum
setback requirements for the zone district where
located (see Article 5: Density, Intensity, and
Dimensional Standards).
i. Separation
If an applicant proposes a new wireless communications

tower within one thousand two hundred (1,200) feet of an
existing tower, the applicant shall submit a statement
indicating the reasons why the existing tower(s) was
inadequate or unavailable. The Development Services
Director shall allow the owner of such existing tower an
opportunity to comment prior to making a decision.
j. Collocation
New wireless communication towers should be designed
to accommodate the present and future needs of the
owner and at least one (1) comparable user. Unused
space on an existing tower shall be made available to
other users at a fair market value.
k. Landscaping
Towers shall comply with the following landscape
standards:
i. Tower facilities (including equipment structures

and cabinets) shall be landscaped with a buffer of
plant materials that effectively screens the view
of the ground-based portion of the tower facility
from existing residential development.
ii. Existing mature tree growth and natural land

forms on the site shall be preserved to the
maximum extent possible. In some cases, large
wooded lots, or sites with natural growth around
the property perimeter may be a sufficient buffer.
l. Security Fencing
Towers, guy anchor supports, and ground-based
equipment buildings shall be enclosed by security fencing
not less than eight (8) feet in height and equipped with an
appropriate anti-climbing device.
m. Radiation Reporting
It shall be demonstrated the proposed tower, antenna,
and supporting equipment complies with FCC non-
ionizing radiation requirements for individual and
combined facilities.
n. Interference
No wireless communications tower, antenna, or
supporting equipment shall interfere with equipment
operated by the Rock Hill/York County airport or radio
equipment operated at a fixed site by the City.
5. Compliance with State or Federal Laws and Regulations

Towers and antennas shall meet or exceed current standards and
regulations of the FAA, the FCC, and any other agency of the
state or federal government that regulates towers and antennas.
If such standards and regulations change, owners shall be
responsible for bringing the towers and antennas into compliance
with the changed standards and regulations within six (6) months
of their effective date, unless a different compliance schedule is
mandated by the controlling regulations. (Failure to bring towers

and antennas into compliance shall constitute grounds for
removal of the tower or antenna, at the owner's expense.)
6. Nonconforming Wireless Communication Towers
a. Nonconforming wireless communication towers shall be
allowed to remain and be maintained in accordance with
the standards in Article 8: Nonconformities. Additional
equipment may be added to the tower provided that such
additions do not increase the degree of nonconformity.
b. If a tower is not used for a period of ninety (90)

consecutive days, the Development Services Director
may send notice to the tower owner indicating that the
tower must be removed within one hundred eighty (180)
days from the date of notice.
(b) Collocation of Antenna on Existing Wireless Communication Tower

Antennas may be collocated on existing towers if they comply with the
following standards:
1. Accommodate Additional Loading

It is demonstrated the tower can accept the additional loading
created by the collocation.
2. Same Tower Type
A tower which is modified or reconstructed to accommodate the
collocation of an additional antenna shall be of the same tower
type as the existing tower, unless a monopole is determined more
appropriate at the specific location.
3. Height
An existing tower is increased in height or reconstructed to
accommodate the collocation of additional antenna in accordance
with the standards in Table 4-300(B)(2), Wireless Communication
Facility Height Standards.
4. Other Standards
All ground-based equipment complies with the landscaping and
security fencing requirements for wireless communications towers
in Section 4-300(B)(9)(a)(4) above.
(c) Antenna Placement on an Existing Structure

An antenna may be attached to any business use or multiple family
building in accordance with the following standards:
1. Height
The antenna is not extended more than thirty (30) feet above the
highest point of the building or structure.
2. Location
a. No antenna is within ten (10) feet of a property line
abutting a street, or within five (5) feet of another property
line.
b. No dish antenna with a total surface area of ten (10)

square feet or greater is located on the roof of a structure
located in a residential district.
3. Appearance
a. If an antenna is installed on a structure other than a
tower, the antenna and supporting electrical and
mechanical equipment shall be of a neutral color that is
identical to, or compatible with, the color of the structure
on which it is located to make the antenna and related
equipment as visually unobtrusive as possible.
b. Antennas and roof-mounted equipment complies with the

standards for roof penetrations in Section 6-800, Design
Standards.
c. Ground-based equipment complies with the landscaping

and security fencing requirements for wireless
communications towers in Section 4-300(B)(8)(a)(4)
above.
(d) Utility, Major

An electrical power facility, substation, or transmission station shall:
1. Location
Be within reasonable proximity of the area to be served by the
facility; and
2. Setback
Be setback a minimum of one hundred (100) feet from all lot lines
to ensure it does not have an adverse impact on surrounding
uses.
(e) Utility, Minor
A minor utility use shall:
1. Location
Be located within reasonable proximity of the area to be served;
and
2. Compatibility
Provide adequate setbacks, screening, and buffering around the
perimeter of the proposed use if it is deemed necessary to ensure
land use compatibility with surrounding uses.
Subsection 4-300(C): Commercial Uses
4-300(C) Commercial Uses

presentment lender.
(1) Animal Care

(a) Kennel, Indoor
An indoor kennel shall:
1. Maximum Number of Animals

Not board more than twenty (20) animals (not including fish, small
reptiles, and rodents kept as domesticated pets) at any given
time;
2. No Unreasonable Noise or Odor
Be sufficiently insulated so no unreasonable noise or odor can be
detected off-premises; and
3. Accessory Uses
Allow retail sales and grooming services as accessory uses, as
long as they do not include more than twenty-five percent (25%)
of the total gross floor area of the principal use.
(b) Kennel, Outdoor
An outdoor kennel shall:
1. Maximum Number of Animals

Not board more than twenty (20) animals at any given time.
2. Buildings and Open Runs
Not locate open runs or buildings used for housing of animals
within seventy-five (75) feet of any lot line; and
3. Accessory Uses
Allow retail sales and grooming services as accessory uses, as
long as they do not include more than twenty-five percent (25%)
of the total gross floor area of the principal use.
(c) Equine Stable
No equine stable operated as a principal use shall be within three
hundred (300) feet of an existing single-family detached dwelling on a
different lot.
(d) Veterinary Clinic

Veterinary clinics shall:
1. Maximum Number of Animals Boarded
Not board more than twenty (20) animals (not including fish, small
reptiles, and rodents kept as domesticated pets) at any given
time.
2. Kennels
Maintain no kennels outside the principal building;
3. Buildings
Insulate and soundproof the structure in order to minimize all loud
noises that might disturb persons on adjacent properties; and
4. No Unreasonable Noise or Odor
Be sufficiently insulated so no unreasonable noise or odor can be
detected off-premises.
(2) Eating Establishments
(a) Restaurants with Outdoor Seating
Restaurants having outdoor seating (including, but not limited to, seating
for dining or listening to live or recorded acoustic or amplified
entertainment outside of the building) shall comply with the following
standards:
1. Setback from Residential District

The outdoor seating area shall be located no closer than one
hundred (100) feet from any single-family attached, detached,
townhouse, or two- to four-family dwelling.
Restaurants with outdoor seating located adjacent to single-family
attached, detached, townhouse, or two- to four-family dwellings
shall not operate the outdoor portions of the use after 10:00 P.M.
3. No Obstruction of Pedestrian Movement
The outdoor seating area shall not obstruct the movement of
pedestrians along sidewalks or through areas intended for public
use.
4. Service of Food and Beverages
Employees of the establishment shall serve food and beverages
in the outdoor seating area.
5. Compatibility and Compliance with Building Codes and State
Regulations
In approving the use, the City may impose conditions relating to
the location, configuration, and operational aspects of such
outdoor seating area to ensure its compatibility with surrounding
uses, its architectural consistency with the restaurant, and its
compliance with the City’s building codes and all relevant state
laws and regulations.
(b) Restaurants with Drive Through Facilities
Restaurants having drive through facilities shall comply with the following
standards:
1. Proximity to Residential Districts

Locate the use no closer than one hundred (100) feet from any
residential district or existing residential use;
2. Not Obstruct Pedestrian Movement

Design and locate the drive-up window or outdoor area so as not

to obstruct the movement of pedestrians along sidewalks or
through areas intended for public use;
3. Compatibility and Compliance City Conditions

Be subject to City-imposed conditions relating to the location,
configuration, and operational aspects of the drive-through
window to ensure its compatibility with surrounding uses, its
architectural consistency with the principal use, and its
compliance with the City’s building codes and all relevant state
laws and regulations.
(c) Restaurants in IB or IG Districts

Restaurants in IB or IG districts shall comply with the following
standards:
1. Location
Restaurants shall be located in designated or clustered retail
service areas at entrances to or locations central to major
employment areas.
2. Compatibility with Surrounding Uses

Restaurants shall be designed and located such that customer
traffic, cooking smells or other impacts do not adversely affect
nearby businesses, or otherwise change the business and
industrial character of the district.
(3) Conference Centers

Conference centers shall comply with the following standards:
(a) Limited Occupancy

Such facilities shall be limited to a maximum capacity of five hundred
(500) persons.
(b) Accessory Uses

Dining and banquet facilities may be provided for employees, trainees,
and conferees. The banquet and dining facilities shall not exceed twenty
percent (20%) of the total area of the principle permitted structure.
(c) No Products Sold on-Site

No products shall be sold on-site, except those that are clearly incidental
and integral to the training programs and seminars.
(d) On-site Recreation Facilities

On-site recreation facilities may be used solely by employees, trainees, or
conferees.
(e) Access
There shall be no more than two (2) points of access to a public road.
This requirement shall not preclude an additional access for emergency
vehicles only.
(4) Parking, Commercial

(a) Parking Lot
A commercial parking lot use shall:

2. Principal Use
Be the principal use. Parking spaces may be rented for parking.
No other business of any kind shall be conducted on the lot,
including repair service, washing, display, or storage of vehicles
or other goods;
3. Location
Not be contiguous to lands in the single-family residential districts
(RH, SF-2, SF-3, SF-4, SF-5, or SF-8) or existing single-family
detached development;
4. Frontage Limited
Limit street frontage in the DTWN, NO, and NC districts to one
hundred (100) feet; and
5. Comply with Off-Street Parking Standards
Comply with all applicable off-street parking standards in Section
6-100, Off-Street Parking and Loading.
(b) Parking Structure
A parking structure shall:
1. General
Be the principal use. Parking spaces may be rented for parking.
Retail sales and service uses and office uses are allowed to be
developed on the first floor.
2. Not Located Contiguous to Single-Family Districts
Not be located contiguous to single-family residential districts
(RH, SF-2, SF-3, SF-4, SF-5, or SF-8) or existing single-family
detached development.
3. Parking Structure in DTWN District
If in the DTWN district, have retail or office uses on the bottom
floor across the entire width of street frontage, except for required
entrances and the attendant station.
(a) Auditorium
Auditoriums shall meet the use specific standards for convention centers
(Section 4-300(B)(4)(b)).
(b) Recreation/Entertainment, Indoor
Uses are limited to facilities specifically requiring specialized buildings

such as gymnastics schools, indoor rock climbing facilities and the like.

(a) Arena, Stadium
All arenas or stadiums shall:
1. Minimum Separation
Be located at least five hundred (500) feet from day care uses,
Household Living uses, or vacant land classified in the RH, SF-2,
SF-3, SF-4, SF-5, and SF-8 zone districts;
2. Lot Area
Be at least five (5) acres in area;

3. Frontage
Have a minimum of four hundred (400) feet of frontage on an
arterial or major collector street, at the primary point of access;
4. Vehicular Access
Locate access points to minimize vehicular traffic to and through
local streets in residential neighborhoods; and
5. Safety Fences
Provide safety fences up to a height of eight (8) feet, if necessary
to protect the general health, safety, and welfare in accordance
with Section 6-400, Fencing Standards.
(7) Retail Sales and Services
(a) Large Retail Development
Single tenant retail sales and services uses located in a structure twenty
thousand (20,000) square feet in size or larger shall comply with the
standards in Section 6-800(D), Large Retail Design Standards.
(b) Adult Entertainment

An adult entertainment use shall:
1. Comply with City Code

Comply with all requirements contained in the City Code of
Ordinances, including Section 21-61 related to the definition of
nudity;
2. Separation
Be separated by at least one thousand (1,000) feet from any
other adult entertainment use, any residential district, any existing
residential development, religious institution use, community
service use, day care use, schools (elementary, middle, or senior
high), park, or public outdoor recreation area;
3. Not Display Signage
Not display signage visible from outside the premises that is
illustrative of activity, services, or merchandise offered on the
premises;
4. Accessory Use
Not be established as an accessory use to another business; and
5. Prohibited Services
Not offer any of the following products or services to customers,
whether or not for a fee:
a. Showers or other baths; or
b. Alcoholic beverages for off premises consumption.
(c) Bar, Nightclub, or Cocktail Lounge

A bar, nightclub, or cocktail lounge use shall:
Be located at least three hundred (300) feet from any residential
zone district or portion of a Planned Development designated for
residential use.
2. Drive Through; Outdoor Seating; Live Entertainment
Not have a drive-up window or outdoor area for seating or live or

recorded acoustic or amplified entertainment, unless such feature
is approved as part of a Special Exception Permit (Section 2-
300(D), Special Exception Permit).
3. Outdoor Activities (As Part of a Special Exception Permit)
Such uses with drive-up window or other outdoor areas shall:
a. Design and locate the drive-up window or outdoor area
so as not to obstruct the movement of pedestrians along
sidewalks or through areas intended for public use;
b. Only allow employees of the establishment to serve food

and beverages in the outdoor area; and
c. Be subject to City-imposed conditions relating to the

location, configuration, and operational aspects of the
drive-in window or outdoor area to ensure its compatibility
with surrounding uses, its architectural consistency with
the principal use, and its compliance with the City’s
building codes and all relevant state laws and
regulations.
(d) Convenience Store

1. A convenience store with gasoline sales shall comply with the
standards for automobile service stations in Section 4-
300(C)(8)(h), Gasoline Filling Station.
2. Convenience stores in the IB or IG districts shall complywith the

a. Location
Convenience stores shall be located in designated or clustered

retail service areas at entrances to or locations central to major
employment areas.
b. Compatibility with Surrounding Uses
Convenience stores shall be designed and located such that customer

traffic or other impacts do not adversely affect nearby businesses, or
otherwise change the business and industrial character of the district.
(e) Crematory
A crematory shall provide a Type D perimeter buffer (Section 6-300(F)), if
it is adjacent to a residential district or existing residential use.
(f) Drug Store or Pharmacy (with Drive Through)

Drive-through facilities associated with drug stores or pharmacies shall:
1. Canopies
Have pitch-roofs at an angle to match the primary building;
2. Drive Through Locations
Be situated to the side and to the rear of the primary building,
where practicable; and
3. Prohibited
Not be located within the NO, NC, or DTWN zone districts.

(g) Financial Institution
Drive-through facilities associated with a financial institution shall:
1. Canopies
Have a pitched-roof at an angle to match the primary building;
2. Drive Through Locations
Be situated to the side and preferably to the rear of the primary
building; and
3. Prohibited
Not be included with financial institutions located within the NO or
NC districts.
(h) Flea Market
Flea Markets shall:

stall/booth/table placement;
2. Posses a City Business License
Be operated by a person who posses a City Business License,
and who shall ensure that all vendors also possess a City
Business License;
3. Provide Adequate Facilities
Provide adequate restroom facilities (whether fixed or portable)
and trash receptacles; and
4. Maintain Stalls/Booths/Tables in Good Repair
Maintain all stalls, booths, and tables in good repair. Items for
sale may not be displayed or stored within customer pathways.
In the case of an outdoor Flea Market, all items for sale as well as
display tables, booths, or any other non-permanent fixtures must
be returned to an enclosed structure at the end of the business
day.
(i) Personal Service Establishment
1. Personal service establishments in the NC and NO districts
shall:
a. Floor Area
Have floor areas of an individual establishment that do
not exceed three thousand (3,000) square feet in area;
b. Enclosed Building
Conduct the business activities of the establishment
within an enclosed building, with no more than twenty
percent (20%) of the gross floor area devoted to storage;
c. Retail Sales Only
Only sale products at retail; and
d. Hours of Operation
Limit their hours of operation to between 6:00 AM and
10:00 PM within the NO district.
2. Personal service establishments in the IB or IG districts

shall:
a. Location
Personal services establishments shall be

located in designated or clustered retail service
areas at entrances to or locations central to
major employment areas.
Personal services establishments shall be

designed and located such that customer traffic
or other impacts do not adversely affect nearby
businesses, or otherwise change the business
and industrial character of the district.
(j) Tattoo Parlor

Tattoo parlors shall:
1. Separation
Be separated by at least one thousand (1,000) feet from any
residential district, existing residential use, religious institution
use, day care use, public park, or school (elementary, middle, or
senior high);
2. Not Engage in Other Services
Not engage in other business or services, including but not limited
to the retail sales of goods or any form of body piercing; and
Not display signage visible from outside the premises that are
illustrative of services or merchandise offered on the premises.
(k) Body Piercing Establishment
Body piercing establishments shall:
1. Separation
Be separated by at least five hundred (500) feet from any
use, day care use, or school (elementary, middle, or senior high);
and
Not display signage visible from outside the premises that are
illustrative of services or merchandise offered on the premises.
(l) Liquor Store
A liquor store shall be located at least three hundred (300) feet from any
residential zone district or portion of a Planned Development designated
for residential use.
(m) Business Service Establishment
1. Business service establishments in the NC and NO districts shall:
a. Floor Area
Have floor areas of an individual establishment that do not
exceed three thousand (3,000) square feet in area;
b. Enclosed Building
Conduct the business activities of the establishment within an

enclosed building, with no more than twenty percent (20%) of the
gross floor area devoted to storage;
c. Retail Sales Only

Only sell products and services at retail; and
d. Hours of Operation
Limit their hours of operation to between 6:00 AM and 10:00 PM
within the NO district.
2. Business services establishments in IB or IG districts shall comply with

the following standards:
a. Location
Business services establishments shall be located in designated
or clustered retail service areas at entrances to or locations
central to major employment areas.

Business services establishments shall be designed and located
such that customer traffic or other impacts do not adversely affect
nearby businesses, or otherwise change the business and
industrial character of the district.
(8) Vehicle Sales and Services

(a) Automobile Painting/Body Shop
Automobile painting/body shop uses shall:
Be located at least two-hundred fifty (250) feet from any
use, community service use, day care use, school (elementary,
middle, or senior high), or public park;
2. Parked Vehicles
Not park or store a vehicle as a source of parts, or park or store a
vehicle for the purpose of sale or lease/rent;
3. Lighting
Design and arrange all lights and lighting so no source of light
shall be visible from any residential district;
4. Enclosure
Repair and store all vehicles within an enclosed building.
Temporary vehicle storage may be allowed in an outdoor storage
area that shall be no larger than twenty-five percent (25%) of the
total lot area. Such areas shall be located to the rear of the
principal structure and be screened with a wooden fence or
masonry wall in accordance with Section 6-400, Fencing
Standards. The height of materials and equipment stored shall
not exceed the height of the screening fence or wall; and
5. Vehicle Storage
Not store or park a vehicle that has been repaired and is awaiting
removal for more than thirty (30) consecutive days. In cases
where a vehicle has been abandoned by its lawful owner prior to
or during the repair process, the vehicle may remain on site as
long as is necessary after the thirty (30) day period, provided the
owner or operator of the establishment can demonstrate steps

have been taken to remove the vehicle from the premises using
the appropriate legal means.
(b) Automobile Parts Sales and Installation
Automobile parts sales and installation uses shall:
residential district, religious institution use, community service
use, day care use, school (elementary, middle, or senior high), or
public park;
2. Enclosure
not exceed the height of the screening fence or wall;
3. Public Address Systems
Have no outdoor speaker or public address system that is audible
off-site;
4. Trash Storage
Provide adequate, enclosed trash storage facilities on the site;
and
5. Test Drives
Not test drive vehicles on residential streets.
6. Automobile Parts, Sales and Installation in IB District
Be restricted to the sales and installation of nonmechanical
specialty items. Such items include electronics, security systems,
interior and exterior specialty accessories and similar items that
can be installed with little or no noise or other external impacts.
No outside equipment or vehicle storage shall be permitted with
such uses in the IB district.
(c) Automobile Rental and Sales; Recreational Vehicle/Travel Trailer

Rental and Sales; Truck or Tractor Rental or Sales
Automobile rental and sales, recreational vehicle/travel trailer rental and
sales, and truck or tractor rental or sales uses shall:
2. Displays Within Setbacks and Buffers
Not locate vehicle or equipment displays within a required
setback or perimeter buffer;
3. Vehicle Display Pad
a. Not have more than one (1) vehicle display pad for every
one hundred (100) feet of street frontage. The vehicle
display pad may be elevated up to two (2) feet above
adjacent displays or grade level;
b. Have no racks that tilt vehicles in any way to show the

underside, unless they are located inside a show room;
4. Not Display on Top of Building

Not display vehicles or other similar items on top of a building;
Have no outdoor speaker or public address system that is audible
off-site;
6. Other Materials for Sale
Display no other materials for sale between the principal structure
and the street; and
7. Test Drives
Not test drive vehicles on residential streets.
8. Automobile Rental and Sales in IB District
Be restricted to automobile rental; or the sale of specialty vehicles
in the IB district. Such vehicles include collector vehicles, racing
vehicles, vehicles modified for the disabled or other vehicles that
have a similar limited market. All vehicles must be stored inside
the building, or in lots to the rear of the building.
(d) Automobile Repair and Servicing (Without Painting /Bodywork)

Automotive repair and servicing uses shall:
residential zone district, existing residential use, religious
institution use, community service use, day care use, school
(elementary, middle, or senior high), or public park;
2. On-site Circulation
Be designed to ensure proper functioning of the site as related to
vehicle stacking, circulation, and turning movements;
3. Enclosure
Have no outdoor speaker or public address system which is
audible off-site;
5. Trash Storage
6. Test Drives
Not test drive vehicles on residential streets;
7. Gasoline Sales
Comply with the standards for an gasoline filling station (Section
4-300(C)(8)(h)) if gasoline is sold on-site;
8. Parked Vehicles
Not park or store a vehicle as a source of parts, or park or store a
vehicle for the purpose of sale or lease/rent; and
9. Vehicle Storage
Not store or park a vehicle that has been repaired and is awaiting
removal for more than thirty (30) consecutive days. In cases
where a vehicle has been abandoned by its lawful owner prior to
or during the repair process, the vehicle may remain on site as
long as is necessary after the thirty (30) day period, provided the
owner or operator of the establishment can demonstrate steps
have been taken to remove the vehicle from the premises using
the appropriate legal means.
(e) Automotive Wrecker Service
Automotive wrecker service uses shall:
1. Number of Vehicles
Be limited to nine (9) vehicles or fewer;
2. Duration
Not store vehicles for more than ninety (90) days;
3. Location
Store vehicles to the rear of the principal structure behind a
wooden fence or masonry wall in accordance with Section 6-400,
Fencing Standards. The height of materials and equipment
stored shall not exceed the height of the screening fence or wall;
residential zone district, existing residential use, religious
institution use, community service use, day care use, school
(elementary, middle, or senior high), or public park; and
5. Compliance with Landscaping Standards

Comply with all landscaping standards in Section 6-300,
Landscaping Standards.
(f) Boat and Marine Rental and Sales
Boat and marine rental and sales uses shall:
Not locate boat and marine equipment displays within a required
setback or perimeter buffer;
Not have more than one (1) boat or marine display pad for every
one hundred (100) feet of street frontage. The display pad may
be elevated up to two (2) feet above adjacent displays or grade

level;
audible off-site; and
5. Other Materials for Sale
Not display other materials for sale between the principal
structure and the street.
(g) Car Wash or Auto Detailing
A car wash or auto detailing use shall:
residential district, and existing residential use, religious institution
vehicle stacking, circulation, and turning movements;
3. Trash Storage
and
4. Automatic Car Wash with Automotive Service Station
If an automatic car wash is an accessory use to a gasoline filling
station, it shall be governed by the use and dimensional
standards applicable to the gas sales use.
(h) Gasoline Filling Station

Gasoline filling stations shall:
1. Separation
residential district, and existing residential use, religious institution
2. Design
a. Primary gasoline filling station buildings shall be designed
like traditional commercial structures, to include: wooden
or vinyl siding, stone, brick or stucco-type exterior; and a
sloped roof or a flat roof that is screened with a parapet
façade;
b. Gasoline pump canopies shall mimic rooflines and

surface materials of the roof of the principal structure;
c. Gasoline pump canopies shall have a maximum

clearance height of fourteen (14) feet above grade,
except where state or federal law requires higher
clearances; and
3. Gasoline Pump Location
Gasoline pumps shall not be located between the building’s front

facade and the street it is addressed from.
(i) Truck Stop
A truck stop shall meet the standards for a gasoline filling station (Section
4-300(C)(8)(h)), except that gasoline pump canopies shall have a
maximum clearance height of twenty (20) feet above grade.
(9) Visitor Accommodations

(a) Bed and Breakfast
Bed and breakfasts shall:
1. Owner-occupied
Be owner-occupied with the owner-operator residing on the
premises;
2. Permitted Use
Be located within a structure that is permitted within the district in
which it is located;
3. Cooking
Not have cooking implements, including, but not limited to,
stoves, grills, or ovens in individual guest rooms;
4. Meals
Not serve meals other than breakfast to paying guests;
5. Alterations
Limit exterior alterations to those necessary to assure safety of
the structure or enhance compatibility of the bed and breakfast
with the surrounding neighborhood; and
6. Advertising
Limit advertising to one (1) on-site sign a maximum of nine (9)
(b) Campground
Campgrounds shall:
1. Intensity/Character
a. Minimum Area
Have a minimum lot area of ten (10) acres;
b. Not Permanent Residence

Not be used as permanent residences, except for the
owner or manager and permanent maintenance
personnel, who shall reside in caretaker quarters;
c. Camping Sites
Provide camping sites a minimum of twelve hundred
(1,200) square feet in size and at least twenty-five (25)
feet in width;
d. Recreational Area
Provide a recreational area consisting of one hundred
(100) square feet per campsite;
e. Public Telephone
Provide at least one (1) public telephone for each fifty

(50) campsites;
f. Streets and Walks Lighted

Light streets and walks;
g. Service Buildings
Provide service buildings with restrooms and related
facilities;
h. Groundcover
Provide sufficient groundcover to prevent erosion; and
2. Setbacks
Be set back one hundred (100) feet from the front yard lot line
and fifty (50) feet from the side and rear lot lines.
(c) Hotel or Motel
Hotels or motels shall comply with the following standards:
1. Area Devoted to Non-living Quarters
Up to fifteen percent (15%) of the gross floor area of a hotel or
motel may be in non-living-quarter incidental uses (accessory
uses), including management/employee offices, meeting rooms,
banquet halls, retail services, such as news stands and gift
shops, and similar uses, provided any incidental business is
conducted primarily to service guests, and, there is no entrance
to such places of business except from the inside of the building.
2. Eating Establishments
In addition to the accessory uses allowed in Section 4-400,
Accessory Uses and Structures, up to an additional twenty
percent (20%) of the gross floor area of a hotel or motel may be
devoted to eating establishments as an accessory use. The
eating establishments(s) may have an entrance from outside the
principal building.
3. Maximum Length of Stay
The total length of stay for a patron shall not exceed thirty (30)
consecutive days during any single visit.
(d) Tourist Home
A tourist home use shall be limited to a maximum of five (5) overnight
guests per night.
(10) Offices, Professional Services, including Medical and Dental

Medical and Dental offices in the IB district shall be limited to occupational health
practices, or specialized treatment centers.
Subsection 4-300(D): Industrial and Related Uses
4-300(D) Industrial and Related Uses

presentment lender.
Industrial and Related uses shall obtain a DEHC permit if required by state law, and shall
comply with the following:
(1) Extractive Industry

Extractive Industry uses shall:
(a) Minimum Separation

Be located at least one thousand (1,000) feet from any
middle, or senior high), or public park; and
(b) Fencing Required
Be surrounded by a solid fence that is at least eight (8) feet high, located
no less than one hundred (100) feet from any public right-of-way, and
located no less than fifty (50) feet from any adjacent property.
(2) Industrial Services

(a) Electric Motor Repair; Machine Shop; Tool Repair
Electric motor repair, machine shops, and tool repair uses shall:
2. Enclosure
Repair and store all machines within an enclosed building.
Temporary storage may be allowed in an outdoor storage area
that shall be no larger than twenty-five percent (25%) of the total
lot area. Such areas shall be located to the rear of the principal
structure and be screened with a wooden fence or masonry wall
in accordance with Section 6-400, Fencing Standards. The
height of materials and equipment stored shall not exceed the
height of the screening fence or wall.
(b) Heavy Equipment Sales, Rental, or Repair
Heavy equipment sales, rental, or repair uses shall:

Not locate heavy equipment displays within a required setback or
perimeter buffer;
Not have more than one (1) heavy equipment display area for
every one hundred (100) feet of street frontage;
4. Not Display on Top of Building
Not place heavy equipment or other display on top of a building;
and
audible off-site.
(c) Laundry, Dry Cleaning, and Carpet Cleaning Facilities
Laundry, dry cleaning, and carpet cleaning facilities shall:
residential zone district, religious institution use, community
service use, day care use, school (elementary, middle, or senior
high), or public park;
2. Enclosure
Be within an enclosed building; and
3. Nonflammable Enclosure
Use nonflammable liquids in the cleaning processes that emit no
odor, fumes, or steam detectable to normal senses from off the
premises.
(d) Building, Heating, Plumbing or Electrical Contractor
Contractor facilities in the IB district shall not include the outside storage
of heavy equipment or bulk storage of raw materials.
(3) Manufacturing and Production

(a) Manufacturing, Heavy
Heavy Manufacturing uses shall:
Be located at least five hundred (500) feet from any residential
district, existing residential use, religious institution use,
community service use, day care use, school (elementary,
2. Screen Outdoor Storage Areas
Outdoor storage areas shall be located to the rear of the principal
no less than eight (8) feet in height in accordance with Section 6-
400, Fencing Standards. The height of materials and equipment
stored shall not exceed the height of the screening fence or wall;
Be designed to ensure proper functioning of the on-site
transportation circulation system; and
4. Access
Have direct access onto an arterial or major collector street.
(4) Self-Service Storage
Self Service Storage uses shall comply with the following standards.
(a) Commercial Uses Permitted On Site

The only commercial uses permitted on site shall be the rental of storage
bays and the pickup and deposit of goods or property in dead storage.
Storage bays shall not be used to manufacture, fabricate or process
goods; service or repair vehicles, small engines or electrical equipment,
or to conduct similar repair activities; conduct garage sales or retail sales
of any kind; or conduct any other commercial or industrial activity on the
site.
(b) Security or Caretaker Quarters

No more than one (1) security or caretaker quarters may be developed on
the site.
(c) Not Legal Address

Individual storage bays or private postal boxes within a self-service
storage facility use shall not be considered premises for the purpose of
assigning a legal address.
(d) Enclosed buildings

Except as provided in this subsection, all property stored on the site shall
be entirely within enclosed buildings.
(e) Open Storage of Recreational Vehicles and Dry Storage of Boats

Open storage of recreational vehicles, travel trailers, and dry storage of
pleasure boats of the type customarily maintained by persons for their
personal use shall be permitted within a self service storage facility use,
provided that the following standards are met:
1. Designated Area
The storage shall occur only within a designated area, which shall
be clearly delineated;
2. Storage Area Size
The storage area shall not exceed twenty-five percent (25%) of
the buildable area of the site;
3. Screening
Outdoor storage areas shall be located to the rear of the principal
no less than eight (8) feet in height in accordance with Section 6-
400, Fencing Standards;
4. No Storage Within Setbacks
Storage shall not occur within the area set aside for minimum
building setbacks;
5. No Dry Stacking of Boats
No dry stacking of boats shall be permitted on site; and
6. No Vehicle Maintenance, Washing, or Repair
No vehicle maintenance, washing, or repair shall be permitted.

(f) Lot Area
The minimum lot area shall be three (3) acres.
(g) Minimum Separation Between Buildings

If separate buildings are constructed, there shall be a minimum
separation of ten (10) feet between buildings.
(h) Height
With the exception of a structure used as a security or caretaker quarters,
the maximum height of a self-service storage facility shall be twenty (20)
feet. In addition, a parapet wall shall be constructed to screen roof-
mounted heating and air conditioning and other equipment, if any. The
combined height of the building and the parapet wall shall not exceed
twenty-five (25) feet.
(i) On-Site Circulation

1. Interior Parking
Interior parking shall be provided in the form of aisleways
adjacent to the storage bays. These aisleways shall be used
both for circulation and temporary customer parking while using
storage bays. The minimum width of these aisleways shall be
twenty-one (21) feet if only one-way traffic is permitted, and thirty
(30) feet if two-way traffic is permitted;
2. Mark Traffic Flow Patterns
The one- (1) or two- (2) way traffic flow patterns in aisleways shall
be clearly marked. Marking shall consist at a minimum of use of
standard directional signage and painted lane markings with
arrows; and
3. Circulation of Vehicles and Emergency Equipment
Appropriate access and circulation by vehicles and emergency
equipment shall be ensured through the design of internal turning
radii of aisleways.
(j) Lighting
Outdoor lighting shall be the minimum necessary to discourage vandalism
and theft.
(k) Storage Bay Doors

Storage bay doors shall not face any abutting property located in a
residential district, nor shall they be visible from any public street.
(l) Hours of Operation

Hours of public access to a self-storage use adjacent to existing
residential development or a residential zone district shall be restricted to
between 6:00 A.M. to 10:00 P.M.
(m) Architectural Uniformity

The exterior facades of all structures shall receive uniform architectural
treatment, including masonry, stucco, and painting of surfaces. The
colors selected shall be compatible with the character of the
neighborhood.
(5) Warehouse and Freight Movement

(a) Parcel Services; Truck or Freight Terminal; Warehouse (Distribution
or Storage)
Parcel services, truck or freight terminals, or warehouses (distribution or
storage) shall:
2. Displays Outside Setbacks and Buffers
Not locate storage areas within a required setback or perimeter
buffer;
3. Screening
Locate outdoor storage areas to the rear of the principal structure
and be screened with a wooden fence or masonry wall no less
than eight (8) feet in height in accordance with Section 6-400,
Fencing Standards;
audible off-site;
5. On-site circulation
vehicle stacking, circulation, and turning movements; and
6. Access
Have direct access onto an arterial or major collector street.
(b) Outdoor Storage (as a Principal Use)
Outdoor storage uses shall:

2. Screened From View
Be screened with a wooden fence or masonry wall no less than
eight (8) feet in height in accordance with Section 6-400, Fencing
3. No Customer or Vehicular Circulation
Not allow customer or vehicular circulation to occur through the
area used for outdoor storage; and
4. Comply with Article Six
Comply with the standards in Article 6: Design and Development
Standards.
(6) Waste-Related Services
(a) Energy Recovery Plant; Hazardous Waste Collection Site;
Incinerator; Landfill; Land-Spreading of Wastes; Waste Composting
Energy recovery plants, hazardous waste collection sites, incinerators,
landfills, land-spreading of waste, and waste composting uses shall:


Be located at least one thousand (1,000) feet from any residential
district, existing residential use, religious institution use,
community service use, day care use, school (elementary,
3. Fencing Required
Be surrounded by a solid fence that is at least eight (8) feet high,
located no less than one hundred (100) feet from any public right-
of-way, and located no less than fifty (50) feet from any adjacent
property.
(b) Recycling Drop-off Center
A recycling drop-off center shall comply with the following standards:
1. Mobility of Collection Bin

The mobility of the collection bin shall be retained.
2. Location of Collection Bin

The collection bin shall be located in or adjacent to an off-street
parking area, and shall not occupy more than five percent (5%) of
the total on-site parking spaces.
3. Appearance
The bin and adjacent area shall be maintained in good
appearance and free from trash.
4. No Collection or Storage of Hazardous or Biodegradable Wastes
There shall be no collection or storage of hazardous or
biodegradable wastes on the site.
(c) Recycling and Salvage Center
A recycling and salvage center shall:
2. Minimum Lot Area
Be a minimum of five (5) acres in size;
3. Configuration
Be located within fifty (50) feet of any property line (except for a
freestanding office);
4. Storage Areas
Effectively screen storage areas from view by walls, fences, or
buildings. Such screening shall be designed and installed to
ensure that no part of a storage area can be seen from rights-of-
way or adjacent lots. In no case shall the height of recyclable or
recovered materials, or non-recyclable residue stored in outdoor
areas exceed twenty (20) feet or the height of the principal
building on the lot, whichever is greater;
5. Fencing Required
Be surrounded by a solid fence that is at least eight (8) feet high,

located no less than one hundred (100) feet from any public right-
of-way, and located no less than fifty (50) feet from any adjacent
property;
audible off-site;
7. Recyclable Materials
Contain recyclable materials within a leak-proof bin or trailer, and
not store materials on the ground;
8. Limited Sorting and Separation

Include only limited sorting, separation, or other processing of
deposited materials; and
9. No Collection or Storage of Hazardous or Biodegradable Wastes
Prohibit storage of hazardous or biodegradable wastes on the
site.
(d) Salvage and Junkyard; Tire Disposal or Recycling
A salvage and junkyard or tire disposal or recycling facility shall:
2. Minimum Lot Area
Be a minimum of three (3) acres in size;
3. Configuration
Be not located within fifty (50) feet of any property line (except for
a freestanding office);
audible off-site; and
5. Screened
Be screened with a wooden fence or masonry wall no less than
eight (8) feet in height in accordance with Section 6-400, Fencing
not exceed the height of the screening fence or wall.
Section 4-400: Accessory Uses and Structures
4-400 ACCESSORY USES AND STRUCTURES

4-400(A) Purpose
This section authorizes the establishment of accessory uses that are incidental and
customarily subordinate to principal uses. The City’s intent in adopting this section is to
allow a broad range of accessory uses, so long as such uses are located on the same site
as the principal use, and so long as they comply with the standards set forth in this section
in order to reduce potentially adverse impacts on surrounding lands.
4-400(B) General Standards and Limitations

(1) Compliance with Ordinance Requirements
All accessory uses and accessory structures shall conform to the
applicable requirements of this Ordinance, including the use
regulations of Article 4: Use Regulations, the dimensional standards
of Article 5: Density, Intensity, and Dimensional Standards, and the
development and design standards of Article 6: Development and
Design Standards. The provisions of this section establish
additional standards and restrictions for particular accessory uses
and structures.
(2) General Standards

All accessory uses and accessory structures shall meet the
(a) Directly serve the principal use or structure;
(b) Be customarily accessory and clearly incidental and subordinate to

principal use or structure;
(c) Be subordinate in area, extent, and purpose to the principal use or

structure;
(d) Be owned or operated by the same person as the principal use or

structure;
(e) Be located on the same lot as the principal use or structure or on a

contiguous lot;
(f) Together with the principal use or structure, not violate the bulk, density,
parking, landscaping, or open space standards of this Ordinance;
(g) Not be constructed or established prior to the time the principal use or
structure is constructed or established; and
(h) Not constitute a combination use, which is the combination of two (2)
principal uses (combination uses will not meet the above standards in
terms of being subordinate or providing service to the principal use).
(3) Approval of Accessory Uses and Structures

Unless otherwise specified in this section, any accessory use or
accessory structure shall be treated as a permitted use in the zone
Subsection 4-400(B): General Standards and Limitations
district in which it is located. An accessory use or structure may be

approved in conjunction with approval of the principal use or
structure.
(4) Table of Permitted Accessory Uses

(a) Table as Guide
Table 4-400(B), Table of Permitted Accessory Uses, is established as a
guide to identify the appropriateness of the more common accessory uses
in each zone district.
(b) Listed Accessory Uses

Table 4-400(B), Table of Permitted Accessory Uses, lists what types of
accessory uses, structures, and activities are allowed in each of the zone
districts. If a specific accessory use is allowed in a zone district, the
column underneath the zone district is marked with an "P." If the
accessory use or structure is not allowed in a zone district, the column is
left blank. If there is a reference contained in the column entitled
"additional requirements," refer to the cited section(s) for additional
standards that apply to the specific accessory use.
(c) Interpretation of Unidentified Accessory Uses

The Development Services Director shall evaluate potential accessory
uses that are not identified in Table 4-400(B), Table of Permitted
Accessory Uses, on a case-by-case basis, as an Interpretation by the
Development Services Director (see Section 2-300(Q)). In making the
interpretation, the Development Services Director shall apply the following
standards.
1. General Standards
The definition of “accessory use” (see Article 10: Definitions and
Rules for Interpretation), and the general accessory use
standards established in Section 4-400(B)(2), General Standards
and Limitations.
2. Additional Standards
The additional regulations for specific accessory uses established
in Section 4-400(D), Accessory Uses and Structures Allowed.
3. Purpose and Intent of Zone Districts
The purpose and intent of the zone district in which the accessory
use is located (see Article 3: Zone Districts).
4. Potential Adverse Impacts
Any potential adverse impacts the accessory use may have on
other lands in the area, compared with other accessory uses
permitted in the zone district.
5. Compatibility
The compatibility of the accessory use, including the structure in
which it is housed, with other principal and accessory uses
permitted in the zone district.
(d) Table of Permitted Accessory Uses
Table 4-400(B), Table of Permitted Accessory Uses, specifies the zone
district where accessory uses may be permitted.
TABLE 4-400: TABLE OF PERMITTED ACCESSORY USES
P = PERMITTED BLANK CELL = PROHIBITED

PLANNED
RESIDENTIAL DISTRICTS BUSINESS DISTRICTS DEVELOPMENT
DISTRICTS
ADDT’L
ACCESSORY USE
BOOKMARK
REQUIR
PD-MEC
PD-TND
TYPE
DTWN
MF-15
PD-R
PD-C
MF-8
MUC
NMU
MHP
SF-2
SF-3
SF-4
SF-5
SF-8
E-MENTS
NO
GC
RH
NC
CC
LC
OI
IG
IH
IB
!
Section 4-
Accessory Dwelling Unit P P P P P P P P P P 400(D)(1)
Section 4-
Air Conditioner Compressor Unit
P P P P P P P P P P P P P P P P P P P P P P 400(B)(5)
(residential) (a)(3)
Automated car wash with Section 4-
P P P P P P P P P P P P 400(D)(2)
gasoline filling station
Section 4-
Automotive Repair (occurring
P P P P P P 400(C)(2)
outdoors) (a)
Automated Teller Machine (ATM) P P P P P P P P P P P P P P P P
Section 4-
Fences or Walls P P P P P P P P P P P P P P P P P P P P P P P P P P 400(D)(3)
Section 4-
Food Sales (indoor) P P P P P P P P P P P P P P P P P 400(D)(4)
Section 4-
Equine Stable P P P P 400(D)
(17)
Section 4-
Home Occupations P P P P P P P P P P P P P P P P P P P P 400(D)(5)
Section 4-
Neighborhood Recreation Center P P P P P P P P P P 400(D)(6)
Section 4-
Outdoor Display and Sales P P P P P P P P P P P P P P 400(D)(7)
Outdoor Storage (as an Section 4-
P P P P P P P P P P P P P 400(D)(8)
accessory use)
Section 4-
Parking of Oversized Vehicles P P P P P P P P P P P P P P P P P 400(C)(2)
(b)
Section 4-
Produce Stand P P P P P P P P P P P P P P 400(D)(9)
Recreational Facilities, Including
Playground Equipment & Non- P P P P P P P P P P P P P P P P P P P P P P P P
illuminated Athletic Fields
Section 4-
Recycling Drop-Off Stations P P P P P P P P P P P P P P P P P P P P P P P 400(D)
(10)
Retail Sales of Goods as part of Section 4-
Permitted Warehouse Freight P P P P P P P P P 400(D)
Movement Uses (11)
Satellite Dish Antenna (small) P P P P P P P P P P P P P P P P P P P P P P P P P P Section4-

400(D)
Satellite Dish Antenna (large) P P P P P P P P P P P P P P P P P (12)
Section 4-
Security or Caretaker Quarters P P P P P P P P P P P P P P P 400(D)
(13)
Storage or Parking of Trucks, Section 4-
Cars, or Major Recreational P P P P P P P P P P P P P P P P P P P P P P P P P P 400(D)
Equipment (14)
Storage Building or Equipment
P P P P P P P P P P P P P P P P P P P P P P P P P P
Shed
Section 4-
Swimming Pools, Hot Tubs, and
P P P P P P P P P P P P P P P P P P P P P P P P 400(D)
Ornamental Ponds and Pools (15)
TABLE 4-400: TABLE OF PERMITTED ACCESSORY USES
P = PERMITTED BLANK CELL = PROHIBITED

PLANNED
RESIDENTIAL DISTRICTS BUSINESS DISTRICTS DEVELOPMENT
DISTRICTS
ADDT’L
ACCESSORY USE
BOOKMARK
REQUIR
PD-MEC
PD-TND
TYPE
DTWN
MF-15
PD-R
PD-C
MF-8
MUC
NMU
MHP
SF-2
SF-3
SF-4
SF-5
SF-8
E-MENTS
NO
GC
RH
NC
CC
LC
OI
IG
IH
IB
!
Section 4-
Structures Used for Water-
P P P P P P P P P P P P P P P P P P P P P 400(B)(5)
related Activities (a)(2)
Use of Travel Trailer, Section 4-
Recreational Vehicle, or Tent as 400(C)(1)
Residence (a)
Use of Motor Vehicle or Trailer Section 4-
for Sales, Service, Storage, or P P P P P P P P P P P P P P P P P P P P P P P P P P 400(D)
Other Business (16)
Vehicle/Property Maintenance
P P P P P P P P P P P P P P P P P P P P P P P P P P
Facilities
Section 4-
Video Poker or Similar Device P P P P P P P P P P P P P 400(D)
(17)
(5) Location of Accessory Buildings, Structures, or Vehicles

(a) Location
1. General
a. No accessory use, structure, or activity, except for
permitted fences or walls erected on a property line or an
ornamental pond shall occupy or take place in a required
front, side, or rear yard.
b. No accessory structure shall project beyond the front

building line of the principal structure or site.
c. Except for fences, walls, and air conditioning compressor

units, no accessory uses or structures shall be located
within five (5) feet of a principal structure or any other
accessory structure.
2. Water-related Activities
Structures used for water related activities such as boat docks,
boat houses, and similar uses may be located where necessary
to provide access to the waterfront.
3. Air Conditioner Compressor Units
Air conditioner compressor units shall not be located in any
required yard.
4. Accessory Dwelling Units
Accessory dwelling units shall not be located in any required
yard.
(b) Setbacks from Easements
No accessory structure shall be located within any platted or recorded
easement or over any known utility.
Subsection 4-400(C): Accessory Uses Prohibited
(c) Size
For accessory structures accessory to residential units, the combined
floor area of all detached accessory structures shall occupy no more than
thirty percent (30%) of the floor area of the principal structure or six
hundred (600) square feet, whichever is greater.
(6) Height
(a) Within 10 Feet of Property Line
Any accessory structure located within ten (10) feet of any property line
shall not exceed twelve (12) feet in height at its highest point.
(b) Residential and PD Districts

In all residential and planned development districts, accessory structures
shall not exceed the height of the principal structure.
(7) Signage
All signs shall be governed by the standards set forth in Section 6-
900, Signage.
(8) Temporary Accessory Uses and Structures

Temporary accessory uses and structures shall be governed by the
standards and temporary use permit procedures set forth in Section
2-300(N), Temporary Use Permit, and Section 4-500, Temporary
Uses and Structures.
4-400(C) Accessory Uses Prohibited

(1) Prohibited in All Zone Districts
The use of a travel trailer, recreational vehicle, or tent as a
residence, permanent or temporary, is prohibited, with the exception
of a trailer approved as a temporary use for security in accordance
with Section 4-500, Temporary Uses and Structures. However, a
recreational vehicle (RV) may be used as a temporary residence for
up to two (2) weeks, provided the vehicle is located in the driveway
or a side or rear yard. Utilization of an RV as a temporary residence
is not considered as “storage.”
(2) Prohibited in Residential Zone Districts

The following activities shall not be regarded as accessory to a
residential principal use and are prohibited in residential districts:
(a) Automotive Repair

Automotive repair, including engine, body, or other repair or repainting of
more than one (1) vehicle at any one (1) time; as well as automotive
repair of any vehicle not owned by a person residing at that address,
regardless of whether compensation was paid for the service.
(b) Parking of Oversized Vehicles or Trailers

The storage or parking of a oversized vehicle or trailer, for a period of one
(1) or more nights, either within the front or side yard or driveway of a lot
in a residential zone district, or on the public right-of-way located within or
adjacent to a residential zone district. This provision shall not be
Subsection 4-400(D): Accessory Uses and Structures Allowed
construed so as to prevent the otherwise temporary loading or unloading

of such vehicles, provided such loading is not executed on an on-going
basis.
4-400(D) Accessory Uses and Structures Allowed

(1) Accessory Dwelling Unit
An accessory dwelling unit shall comply with the following
standards.
(a) Districts Allowed

Accessory dwelling units shall be allowed as accessory uses to single-
family detached residential dwelling units in accordance with Table 4-
400(B), Table of Permitted Accessory Uses.
(b) Where Permitted on Lot

A permitted accessory dwelling unit shall comply with Section 4-
400(B)(5), Location of Accessory Buildings, Structures, or Vehicles, and
all applicable development standards for principal dwelling units in the
zone district in which the accessory dwelling unit will be located. Mobile
homes, recreational vehicles, and travel trailers shall not be used as
accessory dwelling units.
(c) Size of Accessory Unit

Accessory dwelling units shall comply with the size standards in Section
4-400(B)(5)(c)(1). An accessory dwelling unit may contain private
sanitary facilities with hot and cold running water and cooking and food
storage facilities.
(d) Limit on Number

There shall be no more than one (1) accessory dwelling unit on a lot in
addition to the principal single-family detached dwelling.
(e) Off-Street Parking

At least one (1) off-street parking space shall be provided for each
bedroom located in an accessory dwelling unit.
(f) Density
Accessory dwelling units shall not count toward any applicable maximum
residential density requirements.
(g) Resale
Accessory dwelling units shall not be sold apart form the principal
dwelling upon the same lot where they are located.
(h) Rental
Accessory dwelling units shall not be leased or rented for tenancies of
less than thirty (30) days or leased to more than eleven (11) different
individuals in any calendar year.
(i) Home Occupations

Home occupations shall be prohibited within an accessory dwelling unit.
(j) Other Standards

1. Comply all other applicable standards
An accessory dwelling unit shall comply with all other applicable

standards for principal dwelling units in the zone district in which
the accessory dwelling is located.
2. Case of Conflict
In the case of any conflict between the accessory dwelling unit
standards of this section and any other requirement of this
Ordinance, the standards of this section shall control.
(2) Automated Car Wash
Automated car washes serving as an accessory use to a gasoline
filling station, convenience store, or other similar principal use shall:
(a) Obtain Site Plan Approval

Obtain approval of a Site Plan (Section 2-300(H)) that depicts compliance
with the standards in this subsection;
(b) Be Limited in Size

Not exceed five hundred (500) square feet in area; and
(c) Comply with Article Six

Comply with the standards in Article 6: Design and Development
Standards.
(3) Fences and Walls

Fences and walls shall meet the standards in Section 6-400,
Fencing Standards.
(4) Food Sales (indoor)

Food sales occurring as an accessory use shall comply with the
(a) Size
The amount of square footage utilized by food sales operations (including
preparation, sales, and storage, but not including dining) shall not exceed
thirty percent (30%) of the principal use where located.
(b) Location
To the maximum extent practicable, food sales areas shall be internal to
the principal use they serve.
(c) Entrances
Entrance to the food sales area shall be via the principal use it serves,
and food sales uses shall not have dedicated off-street parking areas or
signage.
(5) Home Occupations

A home occupation shall be permitted as accessory to any principal
dwelling unit, provided that:
(a) Size/Area
The business or service is located within the dwelling or an associated
accessory building (but not an accessory dwelling unit), and does not
exceed thirty percent (30%) of the heated floor area of the principal
structure or six hundred (600) square feet, whichever is less.
(b) Employees and Residency

1. Person providing business resides in dwelling
The principal person or persons providing the business or service
resides in the dwelling on the premises.
2. Employs no more than one person who does not reside in
dwelling
The home occupation employs no more than one (1) person who
does not reside on the premises.
(c) Neighborhood Compatibility
1. No Change in External Appearance
The home occupation causes no change in the external
appearance of the existing dwelling and structures on the
property.
2. Use of Vehicles
All vehicles used in connection with the home occupation are of a
size, and located on the premises in such a manner, so as to not
disrupt the quiet nature and visual quality of the neighborhood,
and there are no more than two (2) vehicles per home
occupation.
3. Off-street Parking
There is sufficient off-street parking for patrons of the home
occupation, with the number of off-street parking spaces required
for the home occupation to be provided and maintained in
addition to the space or spaces required for the dwelling itself in
accordance with Section 6-100, Off-Street Parking and Loading.
4. No Additional Parking Areas in Front Yard
Home occupation uses shall comply with the front and corner side
yard parking standards in Section 6-100(D)(12), Single-Family
Residential Development.
5. No Advertising
There are no advertising devices on the property, or other signs
of the home occupation, which are visible from outside the
dwelling or accessory building.
6. No Outdoor Display or Storage of Goods
The property contains no outdoor display or storage of goods or
services that are associated with the home occupation.
7. No Wholesale or Retail Sale of Goods
Wholesale or retail sales of goods do not occur on the premises.
8. No Adverse Impacts
The home occupation does not create traffic or parking
congestion, noise, vibration, odor, glare, fumes, or electrical or
communications interference which can be detected by the
normal senses off the premises, including visual or audible
interference with radio or television reception.
(6) Neighborhood Recreation Center
A neighborhood recreation center shall:
(a) Off-street Parking

Provide parking in accordance with the standards for an outdoor
commercial recreation use, except that the total number of off-street
parking spaces may be reduced by 0.25 spaces for every dwelling unit
within five hundred (500) feet of the lot or site containing the center; and
(b) Fencing
Be surrounded by a fence meeting the standards of Section 6-400,
Fencing.
(7) Outdoor Display and Sales

Outdoor display and/or sales may be allowed as an accessory use
for all retail sales and service uses and wholesale sales uses in the
districts identified in Table 4-400(B), Table of Permitted Accessory
Uses. It is the intent of this Ordinance to allow the display of
merchandise for sale, but not where the display of such items
impedes the flow of pedestrian or vehicular traffic, or creates an
unsafe condition. This shall not include hazardous and flammable
materials, such as gasoline, oil, antifreeze, kerosene, poisons,
pesticides and similar items. The display of goods shall meet all of
the following standards.
(a) Procedure
All applications for a Site Plan (see Section 2-300(H)) and Subdivision
(see Section 2-300(I)) must show the location of such areas in
(b) Location and Dimensions

1. Location
All outdoor display of goods shall be located immediately
adjacent to the storefront, or building sides, and not in drive
aisles, loading zones, fire lanes, or parking lots.
2. Limited in Size
Outdoor display areas shall be limited to no more than one-half
(½) of the length of the store front or building side, unless
increased by the Development Services Director after taking into
account aesthetic and safety concerns.
3. Prohibited in Rear of Building
The area used for outdoor display or sales shall not occur on the
rear of buildings.
4. Shopping Center
In the case of a shopping center, the “storefront” shall include the
entire frontage of the shopping center, meaning that the total
amount of display for all the in-line tenants combined shall not
exceed fifty percent (50%) of the aggregate store front of the total
shopping center.
5. Not Encompass Width of Entrance Doors
The area of outdoor display or sales shall not encompass the
width of the entrance doors to the establishment as projected
straight out from the facility. (For example, if the width of the
entrance doors is ten (10) feet, there shall be at least a ten- (10)
foot clearance from the doors as projected straight out and away
from the facility.)
6. No Goods Attached to Wall Surface
No goods shall be attached to a building’s wall surface.
7. Height
The height of the outdoor display shall not exceed six (6) feet.
8. Improved Surface
The outdoor display area shall take place on an improved surface
such as the sidewalk or pavement.
(c) No Pedestrian Obstruction
At least five (5) feet along the parking lot side of the display shall be
maintained free of obstruction to allow for pedestrian and handicap
movement, such that handicapped pedestrians and others do not have to
enter the parking lot or drive aisle to walk around the display.
(d) Temporary Sales Distinguished

The provisions of this Section shall not apply in cases of temporary sales
events, such as weekend sidewalk sales, seasonal sales and other
similar temporary uses. See Section 4-500, Temporary Uses and
Structures, for regulations applying to temporary sales.
(8) Outdoor Storage as an Accessory Use

(a) Generally
Outdoor storage may be allowed as an accessory use in the districts
identified in Table 4-400(B), Table of Permitted Accessory Uses. The
storage area shall meet all of the following standards:
1. Incorporated into Design

Each outdoor storage area shall be incorporated into the overall
design of the principal structure on the site and shall be located at
the rear of the principal structure.
2. Good Stored Must be Sold on Premises
Goods stored in an outdoor storage area which are intended for
re-sale shall be limited to those sold on the premises as part of an
associated, additional principal use.
3. Screening
Each outdoor storage area shall be screened from view from all
property lines and adjacent rights-of-way by an opaque fence or
wall between six (6) and eight (8) feet in height that incorporates
at least one (1) of the predominant materials and one (1) of the
predominant colors used in the primary structure. Materials may
not be stored higher than the height of the primary structure.
4. Landscaped Berm
A landscaped earth berm may be used instead of or in
combination with a fence or wall.
5. Storage Area Covering
If the outdoor storage area is covered, then the covering shall
include at least one (1) of the predominant exposed roofing colors
on the primary structure.
6. Flammable Liquid or Gas
Flammable liquids or gases in excess of one thousand (1,000)
gallons shall be stored underground.
7. Storage
No materials may be stored in areas intended for vehicular or
pedestrian circulation.
If installed, exterior lighting shall comply with the standards in

Section 6-700, Exterior Lighting Standards.
(b) Temporary Storage
Temporary storage in a portable shipping container may be permitted on
a lot in the RH, SF-2, SF-3, SF-4, SF-5, and SF-8 zoning districts as a
Temporary Use in accordance with the standards in Section 4-500(F)(4),
Temporary Storage in a Portable Shipping Container.
(9) Produce Stand

A produce stand shall:
(a) Area
Not exceed seven hundred fifty (750) square feet in area;
(b) Use
Be for the retail sale of agriculture and horticulture products;
(c) Height
Not exceed fifteen (15) feet in height; and
(d) Signage
Comply with the signage standards in Section 6-900, Signage.
(10) Recycling Drop-Off Stations

Recycling drop-off stations shall comply with the following
standards.
(a) General
All drop-off containers and storage bins, with the exception of roll-out
carts located in townhouse and multiple family developments and
recycling containers located on Educational Facility sites, shall be
screened from view to at least fifty percent (50%) of the height of the
containers and bins in the station. The screen may be fencing or
plantings. If plantings are used, the plants must reach the required height
within three (3) years of planting. Roll-out carts shall be a neutral or earth
tone color, not be visible from a public street, and be located within the
interior of the development.
(b) Litter and Debris

The station shall be kept free of litter, debris, and residue.
(c) Signage
Each station shall be allowed one (1) on-premise freestanding sign no
more than forty-eight (48) inches high and sixteen (16) square feet in
area, apportioned between all the sides of the sign. The sign shall
include the name and telephone number of a party responsible for
management and maintenance of the station.
(d) Setbacks
Drop-off containers and storage bins shall be located no closer than fifty
(50) feet from a dwelling.
(e) Size
Excluding screening, drop-off containers, and storage bins shall occupy
no more than five hundred (500) square feet.
(f) Blocking Access

The station shall not occupy or block access to parking spaces or aisles.
(11) Retail Sales of Goods as Part of Permitted Warehouse Freight

Movement Uses
Retail sales of goods as part of permitted warehouse freight
movement uses shall comply with the following standards.
(a) Locate in Principal Building

All retail sales shall be conducted within the same structure housing the
principal warehouse freight movement use, and no outdoor retail sales
activity shall be allowed.
(b) Hours of Operation

Hours of operation shall be limited to between 8:00 A.M. to 9:00 P.M.
(c) No Additional Advertising

There shall be no additional advertising for the retail sales operation.
(d) Items Sold

Items for sale shall either be manufactured by the principal use or part of
the principal warehouse's stock.
(e) Maximum Gross Floor Area

Maximum gross floor area of the accessory retail use shall be either ten
percent (10%) of the total gross floor area of the principal use or five
thousand (5,000) square feet, whichever is less.
(f) Off-Street Parking

Parking for the retail accessory use is provided according to the off-street
parking standards for retail uses as stated in Table 6-100(D)(1), Minimum
Off-street Parking Standards.
(12) Satellite Dish Antenna

(a) Purpose
These standards are adopted in order to:
1. Comply with applicable state and federal law

Comply with applicable state and federal law, including the
federal Telecommunications Act of 1996.
2. Lessen Impact from Satellite Dish Antennae on Surrounding
Properties
Control the location and screening of satellite dish antennae to
lessen any impact on surrounding properties.
3. Image and Character
Preserve the City’s image and character.
(b) Small Satellite Dish Antennae
Satellite dish antennae of one (1) meter (thirty-nine (39) inches)
or less in diameter (small satellite dishes) are permitted
accessory uses in the districts identified in Table 4-400(B), Table
of Permitted Accessory Uses. Such dishes are subject to the
standards set forth below to the maximum extent feasible, but
only where there is no impairment of acceptable signal quality.
These regulations are not intended to impose unreasonable
delays or impose unreasonable costs on the installation,

maintenance, or use of satellite dishes, and shall not be
interpreted or enforced in any manner contrary to federal or state
law.
1. Rear of Principle Building
Small satellite dishes shall be located to the rear of the principal
building, but not within five (5) feet of any side or rear property
line or in any required buffer, and not within ten (10) feet of any
property line adjoining a street.
2. Reduce Visual Impact

Small satellite dishes shall be located and designed to reduce
visual impact from surrounding properties at street level and from
public streets.
3. Residential Design Standards
Small satellite dishes shall comply with the relevant provisions of
Section 6-800(B), Residential Design Standards.
4. Erected in Wind Resistant Manner
Small satellite dishes shall be erected in a secure, wind resistant
manner.
(c) Large Satellite Dish Antennae
Satellite dish antennae measuring one meter (thirty-nine (39)
inches) or more (large satellite dish antenna) are permitted
accessory uses in the districts identified in Table 4-400(B), Table
of Permitted Accessory Uses. Such dishes are subject to the
standards set forth below to the maximum extent feasible, but
only where there is no impairment of acceptable signal quality.
These regulations are not intended to impose unreasonable
delays or impose unreasonable costs on the installation,
maintenance, or use of satellite dishes, and shall not be
interpreted or enforced in any manner contrary to federal or state
law.
1. Rear of Principle Building
Satellite dishes shall be located to the rear of the principal
building, but not within five (5) feet of any side or rear property
line or in any required buffer, and not within ten (10) feet of any
property line adjoining a street.
2. Screened
Satellite dishes shall be screened so that no more than forty
percent (40%) of the area of the satellite dish antenna is visible
from any public street or private street open to the public. The
screen may consist of, but is not limited to, fences, buildings,
plantings, or any other opaque vegetation or structure
permanently affixed to the structure. Screens of vegetation may
be installed to meet this standard.
3. Erected in Wind Resistant Manner

Satellite dishes shall be erected in a secure, wind resistant
manner.
(13) Security or Caretaker Quarters
A dwelling unit for security or caretaker quarters shall comply with
the following standards.
(a) Districts Allowed

A dwelling unit for security or caretaker quarters shall be allowed as an
accessory use to commercial and business principal uses in the districts
allowed in Table 4-400(B), Table of Permitted Accessory Uses.
(b) One (1) Unit Per Principal Use

Only one (1) such dwelling unit per principal use shall be allowed.
(c) Located Inside Principal Building

The accessory dwelling unit shall be inside the principal building; no
detached dwelling units or mobile homes are allowed.
(d) Maximum Unit Size

An individual unit shall not exceed one thousand-two hundred (1,200)
square feet of gross floor area.
(e) Off-street Parking

A minimum of one (1) off-street parking space shall be provided for each
bedroom in a dwelling unit, in addition to the required parking for the
principal use or business.
(f) Occupant
Only the owner, operator, caretaker, or an employee of the principal
building, plus that person’s immediate family, may occupy the dwelling
unit.
(14) Storage or Parking of Major Recreational Equipment

Storage or parking of major recreational equipment (including but
not limited to boats, boat trailers, camping trailers, recreational
vehicles, motorized homes, and house trailers) shall comply with the
(a) Front Yard

No trailer, boat, recreational vehicle or other major recreational equipment
shall be parked or stored in the front yard on a lot or otherwise in front of
a dwelling in a residential district or in residential portions of a PD district.
(b) Yard Adjacent to Street in Residential District

No trailer, boat, recreational vehicle, or other major recreational
equipment shall be parked or stored for longer than seventy (72) hours in
any side or rear yard immediately adjacent to a street in a residential
district or in residential portions of a PD district.
(c) Parking on Public ROW in Residential District

Trailers, boats, recreational vehicles, or other major recreational
equipment shall not be parked or stored on a public right-of-way in a
residential zone district or in residential portions of a PD district for longer
than seventy-two (72) hours.
(15) Swimming Pools, Hot Tubs, and Ornamental Ponds and Pools
Swimming pools, hot tubs, and ornamental ponds, and pools shall
comply with the following standards.
(a) Fencing
All swimming pools and ornamental ponds and pools having a depth
greater than twenty-four (24) inches and all hot tubs and spas shall be
enclosed by fencing of a type that is not readily accessible by children
and that contains no opening larger than four (4) inches.
(b) Height of Fencing

Fencing shall be not less than four (4) feet in height and, if equipped with
a gate, shall have a latch.
(c) In-Lieu of Fencing

In lieu of fencing, spas and hot tubs may have a lockable cover capable of
supporting a minimum of one hundred-fifty (150) pounds, and such cover
shall be locked when the spa or hot tub is not in use.
(16) Use of Motor Vehicle or Trailer for Sales, Service, Storage, or

Other Business
The use of any motor vehicle, or trailer or shipping container, as a
structure in which, out of which, or from which any goods are sold or
stored, any services performed, or other businesses conducted shall
be limited to the following:
(a) Retail Sale of Agricultural Products
The retail sale of agricultural products, as allowed by the relevant
(b) Retail Sale of Prepared Food

The retail sale of prepared food, as allowed by the relevant provisions of
this Ordinance.
(c) Mobile Service Provider

The on-site provision of services, including but not limited to medical or
dental exams, pet grooming, or vehicle cleaning.
(d) Recycling Operation

Use of a motor vehicle, trailer, or shipping container in connection with an
approved recycling operation.
(e) Construction
Use of a trailer or shipping container in conjunction with construction
authorized by a building permit provided that the trailer or container is
removed prior to the issuance of a Certificate of Occupancy.
(f) Temporary Loading and Unloading

Use of a trailer or shipping container for the temporary loading and
unloading of goods not intended for retail sale, provided that no individual
trailer or container is in place longer than forty-eight (48) hours.
In no event shall this subsection be construed to allow the retail or

wholesale sale of nonagricultural goods from a vehicle, which shall
be prohibited in all districts and within the public right-of-way.
(17) Video Poker or Similar Devices

Video poker, video slot machines, electronic games of chance, and
other similar devices regulated by Section 16-19-60 of the S.C.
Code of Laws shall comply with the following standards:
(a) Limitation on Number

Up to five (5) such devices may be permitted as an accessory use in any
single establishment.
(b) Location
Such devices may only be located in base zone districts which allow retail
sales establishments (see Table 4-400(B), Table of Permitted Accessory
Uses).
(c) Distance Requirements

Uses containing such devices shall be at least three hundred (300) feet
from the property line of any property containing an existing residential or
Day Care use, or any property subject to approved Building Permit for a
residential or Day Care use at the time of the device’s placement.
(d) Parking Requirements

In addition to the minimum number of off-street parking spaces required
by Table 6-100(D)(1), Minimum Off-Street Parking Standards, any use
containing such devices shall provide a minimum of one (1) additional
parking space per device.
(e) Evidence of Lease Required

The owner/operator of such devices shall have a lease or contractual
agreement to operate such devices on any premises where they are
located. The property owner shall be required to retain a copy of the
lease or contractual agreement, as well as a notarized statement
indicating the number of devices present in the establishment, the
owner/operator of each device, and the address of each owner/operator
of each device.
(18) Equine Stable

Stables used exclusively for the boarding of horses or ponies shall
be allowed as an accessory use in accordance with the following
standards:
(a) Associated With a Residence

Such stable is used for boarding only horses and/or ponies owned by
residents who reside on-site;
(b) No Commercial Operation

No horses or ponies belonging to persons living off-site are boarded;
(c) Limited in Size

The size of the stable shall be limited to a maximum of twenty-five percent
(25%) of the principal use;
(d) Grazing Area
A minimum of nine hundred (900) square feet of pasture is provided for

each horse or pony boarded; and
(e) Minimum Separation

The stable shall not be located within three hundred (300) feet of any
residential dwelling located off-site.
Section 4-500: Temporary Uses and Structures
4-500 TEMPORARY USES AND STRUCTURES

4-500(A) Purpose
This section allows for the establishment of certain temporary uses of limited duration and
special events provided that such uses do not negatively affect adjacent properties, and
provided that such uses are discontinued upon the expiration of a set time period.
Temporary uses and special events do not involve the construction or alteration of any
permanent building or structure.
4-500(B) Table of Allowed Temporary Uses and Structures

Table 4-500(B), Temporary Uses and Structures, summarizes the temporary uses and
structures that are allowed within the City and any general or specific standards that
apply. Temporary uses or structures not listed in Table 4-500(B): Temporary Uses and
Structures, are not allowed by this Ordinance.
TABLE 4-500(B): TEMPORARY USES AND STRUCTURES

ALLOWABLE
TEMPORARY USE OR STRUCTURE SPECIFIC REGULATIONS [1]
TIME FRAME
TEMPORARY STRUCTURES
Expansion or Replacement of Existing Facilities (including
(A) Permit Required; see Section 4-500(F)(1)
temporary offices for construction and/or security personnel)
Real Estate Sales Office/Model Sales Home (A) Permit Required; see Section 4-500(F)(2)
No Permit Required; see Section
Construction-Related Activities for New Construction (A)
4-500(F)(3)
Temporary Storage in a Portable Shipping Container (D) Permit Required, see Section 4-500(F)(4)
TEMPORARY SALES [1]
Sale/Display of Goods Other Than Agricultural Products (B) Permit Required; see Section 4-500(F)(5)
No Permit Required; see Section 4-
Seasonal Sales (B)
500(F)(6)
No Permit Required; see Section 4-
Sidewalk and Parking Lot Sales (E)
500(F)(7)
Permit Required by City Code of
Garage and/or Yard Sales (C)
Ordinances
Temporary Not-For-Profit Car Wash (C) No Permit Required
SPECIAL EVENTS
Special Events (C) Permit Required; see Section 4-500(G)(3)
NOTES:
(A) Such structures may be in place for no more than one (1) to three (3) years.
(B) Such sales are limited to a maximum of one hundred twenty (120) days per calendar year and no more than three (3)
occurrences per parcel, per year.
(C) Such events are limited to fourteen (14) total days per calendar year, per parcel.
(D) Such structures may be in place for no more than thirty (30) days per calendar year, and no more than three (3)
occurrences per parcel, per year.
(E) Such sales are limited to a maximum of sixty (60) days per calendar year, and no more than three (3) occurrences per
parcel, per year.
[1] Persons conducting temporary sales should contact the Development Services Department to ensure that permits are not
required by the City Code of Ordinances.
Subsection 4-500(C): Prohibited Temporary Uses
4-500(C) Prohibited Temporary Uses

Without limiting the standards of this Ordinance, the following activities are prohibited in all
districts:
(1) Retail or Display of Goods, Products, or Services in Public

Right-of-Way
Retail sales or display of goods, products, or services within the
public right-of-way except as part of an authorized not-for-profit,
special, or City-recognized event.
(2) Retail Sales or Display of Goods From Vehicles

Except as part of a permitted seasonal sale, retail sales or display of
goods, products, or services from a motor vehicle, trailer, or
shipping container.
4-500(D) Temporary Use Permits

All temporary uses and structures required to obtain a temporary use permit in
accordance with Table 4-500(B), Temporary Uses and Structures, shall obtain a
Temporary Use Permit in accordance with Section 2-300(N), Temporary Use Permit. A
temporary use permit shall be reviewed, approved, or revoked only in accordance with the
4-500(E) General Standards for All Temporary Uses and Structures

All temporary uses, structures, or special events shall meet the following general
standards, unless otherwise specified in this Ordinance:
(1) General
The temporary use, structure, or special event shall not be
detrimental to property or improvements in the surrounding area or
to the public health, safety, or general welfare.
(2) Compliance with City Code of Ordinances

All temporary uses, even those requiring no temporary use permit
shall be subject to the requirements in the City Code of Ordinance
or other provisions related to business licenses, vendor permits, or
other City Authorization.
(3) No Adverse Effects

The temporary use, structure, or special event shall not have
substantial adverse effects or noise impacts on nearby residential
neighborhoods.
(4) Complies with Standards

The temporary uses shall comply with all applicable standards of
Section 4-500(E), General Standards for All Temporary Uses and
Structures, and Section 4-500(F), Specific Regulations for Certain
Temporary Uses and Structures, unless otherwise expressly stated.
Subsection 4-500(F): Specific Regulations for Certain Temporary Uses and Structures
(5) Permanent Alterations Prohibited

Permanent alterations to the site are prohibited.
(6) Temporary Signs

Temporary signs associated with the temporary use or structure
shall be removed when the activity ends.

The temporary use or structure shall not violate any applicable
conditions of approval that applies to a principal use on the site.
(8) Undeveloped Property

If the property is undeveloped, it shall contain sufficient land area to
allow the temporary use, structure, or special event to occur, as well
as adequate land to accommodate any parking and traffic
movement associated with the temporary use, without disturbing
environmentally-sensitive lands.
(9) Developed Property

If the property is developed, the temporary use, structure, or special
event must be located in an area that is not actively used by an
existing approved principal use, which would support the proposed
temporary use without encroaching or creating a negative impact on
existing buffers, open space, landscaping, traffic movements,
pedestrian circulation, sensitive or protected resources, or parking
space availability.
(10) Location
Tents and other temporary structures will be located so as to not
interfere with the normal operations of any permanent use located
on the property.
(11) Off-Street Parking

Adequate off-street parking shall be provided to accommodate the
proposed temporary use.
(12) Inspections
All inspections and permits required by applicable building codes
shall be approved by the appropriate person and/or agencies.
4-500(F) Specific Regulations for Certain Temporary Uses and

Structures
(1) Expansion or Replacement of Existing Facilities
(a) Purpose and Scope
Factory-fabricated, transportable buildings that are designed to arrive at
the site ready for occupancy (except for minor unpacking and connection
to utilities), and designed for relocation to other sites, may be placed on
land to serve as the following:
1. Temporary Expansion Space for Religious Institutions, Heath

Care Facilities, and Government Offices
Expansion space for existing religious institutions, health care
facilities, and government offices, provided plans for the
permanent expansion of the existing facilities have been
submitted to and been approved by the City.
2. Temporary Classroom Space
Temporary classroom space to augment an existing public
Educational Facility.
3. Temporary Offices
Temporary offices for construction and security personnel during
the construction of a development for which the City has issued a
Building Permit.
4. Temporary Quarters for Recreational Facilities
Temporary quarters for recreational facilities that are being
provided in conjunction with a new residential development,
provided the City has approved a Site Plan (see Section 2-
300(H)) or Subdivision (see Section 2-300(I)) for the
development.
5. Temporary Quarters for Other Non-residential Uses
Temporary quarters for other non-residential uses when the
permanent building has been destroyed by a fire or other physical
catastrophe, provided a Building Permit for the permanent facility
is obtained within four (4) months after approval of the temporary
quarters. The Development Services Director may approve a
written request for an extension of an additional ninety (90) days
for good cause shown. Failure to obtain a Building Permit within
the time frame allowed will revoke approval for the temporary
quarters.
6. Temporary Office
One temporary office per site to include but not be limited to, the
following uses: hiring, membership solicitation, multiple family
development office/leasing, and other general office uses. The
number of modular buildings housing such uses shall be limited
to one (1), in addition to those already allowed by this section.
Such modular buildings shall not be placed on the property prior
to the issuance of a Building Permit.
7. Temporary Residence
A temporary residence used for housing occupants of an on-site
existing principal dwelling unit subject to casualty damage.
(b) Standards
In addition to meeting the general standards of Section 4-500(E), General
Standards for All Temporary Uses and Structures, all temporary
structures approved in accordance with this section shall meet the
1. Location
Temporary structures allowed under Section 4-500(F)(1),
Expansion or Replacement of Existing Facilities, may be located
anywhere on site, except within the following areas:
a. Existing required landscaping or perimeter buffer areas;
b. Areas designated as future required landscaping areas

whether or not vegetation currently exists; and
c. Other areas designated on the site for open space,

vehicular use, or ingress/egress.
2. Other Standards
a. The temporary structure shall be factory-fabricated and
transportable;
b. In addition to any other off-street parking required on the

site in accordance with Section 6-100, Off-Street Parking
and Loading, adequate off-street parking shall be
provided for the temporary use;
c. All permits required by applicable building, electrical,

plumbing, and mechanical codes shall be obtained prior
to installation of the temporary structure;
d. The temporary structure shall be compatible with the

existing buildings on the site in terms of exterior color;
and
e. A sketch plan containing sufficient information to show

compliance with the above standards shall be submitted
to and approved as part of the temporary use permit by
the Development Services Director in accordance with
Section 2-300(N), Temporary Use Permit.
(c) Duration
1. General
Temporary structures under this subsection may remain on the
site for no more than twelve (12) months. This period may be
renewed for two (2) twelve- (12) month periods, for good cause
shown, upon approval of a written request for such extension,
submitted to the Development Services Director, thirty (30) days
prior to the expiration of the temporary use permit. Except for
temporary classrooms, in no event, shall the extension allow the
temporary structure to remain on the site for more than three (3)
years.
2. Temporary classrooms
Temporary classrooms for use as part of an existing public
Educational Facility may be allowed to remain on the site for
longer than three (3) years.
(2) Real Estate Sales Office and Model Sales Home
(a) General Standards
One (1) temporary real estate sales office or model sales home may be
allowed as incidental to a new residential or non-residential development,
provided that:
1. On Lot
The use is located on a lot approved by the City as part of a
development.
2. Signage
Signage complies with the standards of Section 6-900, Signage.
3. Aesthetically Compatible
The temporary use is aesthetically compatible with the character
of surrounding development in terms of exterior color,
predominant exterior building materials, and landscaping.
4. Yard and Setbacks
The temporary use complies with the minimum yard and setback
standards of the zone district in which it is located.
Off-street parking provided for the temporary use complies with
the standards of Section 6-100, Off-Street Parking and Loading
Standards.
6. Sketch Plan
A sketch plan, containing sufficient information to show
compliance with the above standards is submitted to and
approved by the Development Services Director in accordance
with Section 2-300(N), Temporary Use Permit.
7. Termination
Upon termination of the temporary real estate sales office or
model sales home, the structure shall be converted into, or
removed and replaced with, a permanent residential use.
8. Adverse Impacts
In approving or renewing approval of a real estate sales office,
the Development Services Director may impose other conditions
as is deemed necessary to avoid adverse impacts that the use as
a sales office may have on adjacent properties or the community
as a whole.
9. Temporary Trailers
All temporary trailers shall be removed from the site prior to the
issuance of the last certificate of occupancy for the site.
(b) Duration
1. Temporary Real Estate Sales Office
Temporary real estate sales offices may be approved for a period
of up to one (1) year. This period may be renewed for two (2)
additional twelve- (12) month periods, for good cause shown,
upon approval of a written request for such an extension,
submitted to the Development Services Director, thirty (30) days
prior to the expiration of the permit. In no event shall the
extension allow the temporary structure to remain on the site for
more than three (3) years.
2. Model Sales Home
Model sales homes may be approved for a period of up to three
(3) years. This period may be renewed for additional six- (6)
month periods, for good cause shown, upon approval of a written
request for such an extension submitted to the Development
Services Director, thirty (30) days prior to the expiration of the
permit. There is no time limit on the use of model sales units for
rental housing.
(3) Construction-Related Activities for New Construction
(a) General
Temporary construction-related activities for new construction, including

construction offices, storage buildings, outdoor storage, and employee
parking areas, may occur on the same site as the construction activity
without obtaining a Temporary Use Permit. Such uses shall be removed
within thirty (30) days after issuance of a Certificate of Occupancy.
(b) Adjacent Site

Because of site constraints, construction-related activities may need to
occur on a site that is adjacent to or nearby the construction site. In such
cases, a Temporary Use Permit is required (see Section 2-300(N)). Such
uses shall be removed within thirty (30) days after issuance of a final
Certificate of Occupancy, and the site restored to its previous condition.
(4) Temporary Storage in a Portable Shipping Container

Applicability
Temporary storage in a portable shipping container shall be permitted on
a lot in the RH, SF-2, SF-3, SF-4, SF-5, and SF-8 zone districts, subject
to the standards in this section.
(a) Standards
1. To the maximum extent practicable, portable shipping containers
shall not be located in the front yard.
2. No portable shipping container shall be located within ten (10)

feet of any lot line.
(b) Duration
The on-site placement of a portable shipping container for temporary
storage shall be allowed on an individual parcel or site for no more than
thirty (30) total days or no more than three (3) separate occurrences per
calendar year.
(5) Sale/Display of Goods Other Than Agricultural Products

(a) Applicability
Merchants may display and/or sell goods in the City on a temporary basis
without establishing a permanent place of business, subject to the
(b) Location
1. No Temporary Use Permit for Outdoor Sales That are Accessory
Uses
The outdoor display and/or sale of goods consistent with the
provisions of Section 4-400(D)(7), Outdoor Display and Sales, is
considered an accessory use and does not require a Temporary
Use Permit.
2. All Other Sales/Displays Require Temporary Use Permit. All other
sales/displays of goods (other than agricultural products) require
a Temporary Use Permit in accordance with Section 2-300(N),
Temporary Use Permit and this subsection.
(c) Standards
A temporary use for the temporary display and/or sale of products shall
comply with the following standards:
1. General
The property contains an area that is not actively used that will
support the proposed temporary sale of products without
encroaching into or creating a negative impact on existing buffers,
open space, landscaping, traffic movements, or parking space
availability.
2. Required Distance from Residences
The proposed display and/or sale of goods, products, and/or
services for commercial purposes may not occur within two
hundred (200) feet of a residential dwelling unit.
3. Similar Products, Goods, and Services
A temporary display or sale of products, goods and/or services for
commercial purposes shall be limited in scope to similar or
complimentary products, goods, and/or services to those offered
by the existing principal use located on the same site. The
temporary sale of non-agricultural products, goods, and/or
services that differ from the normal range of those offered by an
existing principal use shall be prohibited.
4. Not Interfere with Normal Operations
Tents and other temporary structures will be located so as not to
interfere with the normal operations of any permanent use located
on the property.
5. Compatible
Tents and other temporary structures are compatible with the
predominant color of the principle structure on the premises.
Off-street parking is adequate to accommodate the proposed sale
of products.
7. Emergency Vehicles
The temporary sale of products will not cause interference with
the movement of emergency vehicles to such an extent that
adequate police, fire, or other emergency services cannot be
provided.
The hours of operation of the temporary sale of products shall be
from no earlier than 7:30 A.M. to no later than 10:00 P.M., or the
same as the hours of operation of the principal use, whichever is
more restrictive.
(d) Duration; Sales per Year
1. General
The temporary sale of non-agricultural products shall be allowed
on an individual parcel or site for no more than one hundred
twenty (120) total days per calendar year.
2. Sales Products per Site
The number of temporary sales of products per site per calendar
year shall not exceed three (3).
(6) Seasonal Sales
(a) Seasonal sales, including the sale of such items as Christmas trees and
pumpkins, seasonal produce, and other similar agricultural products, may
take place on a vacant or developed lot, and may be permitted for a
maximum of one hundred twenty (120) total days per calendar year, or no
more than three (3) such sales per site per calendar year.
Subsection 4-500(G): Special Events
(b) Seasonal sales shall comply with the standards in Section 4-500(F)(5)(c),
Standards, except that seasonal sales shall not be required to comply
with the similar products, goods, and services requirements.
(7) Sidewalk and Parking Lot Sales

Sidewalk and parking lot sales, located on the same site as the
merchant’s permanent place of business, may be permitted in
accordance with the standards in Section 4-500(F)(5)(c), Standards,
for a maximum of sixty (60) days per calendar year. There shall be
no more than three (3) temporary sidewalk or parking lot sales of
goods per site per calendar year.
4-500(G) Special Events

(1) Applicability
(a) General
The procedures and standards of this subsection shall apply to all special
events (including but not limited to cultural events, musical events,
celebrations, festivals, fairs, carnivals, circuses, and communal camping)
held on private property within the City, unless exempted in accordance
with Section 4-500(G)(2), Exemptions.
(b) Temporary Use Permit for Special Event Required

All special events subject to this subsection shall have a Temporary Use
Permit for a special event reviewed and approved or approved with
conditions by the Development Services Director in accordance with
Section 2-300(N), Temporary Use Permit, prior to conducting the special
event.
(2) Exemptions
The following events or activities are exempt from the standards of
this subsection (i.e., may occur without a Temporary Use Permit for
a special event). Such activities are subject to all other applicable
procedures and standards of this Ordinance.
(a) On Grounds of Private Residence

Special events or activities occurring within, or on the grounds of, a
private residence or on the common areas of a single-family attached,
townhouse, two-to-our family, or multiple family residential development.
(b) Event Sponsored by City or State

Any event sponsored in whole or in part by the City or State.
(c) Event or Activity at Site Intended for Such Event or Activity

Any organized activities conducted at sites or facilities typically intended
and used for such activities. Examples of such exempt activities include,
but are not limited to, sporting events such as golf, soccer, softball, and
baseball tournaments conducted on courses or fields intended and used
for such activities; wedding services conducted at reception halls, or
similar facilities; funeral services conducted at funeral homes or
cemeteries; religious services, wedding services, and funeral services
conducted at religious institutions.
Subsection 4-500(G): Special Events
(3) Standards
In addition to the standards in Section 4-500(E), General Standards
for All Temporary Uses and Structures, an application for a
Temporary Use Permit for a special event shall comply with the
(a) Application Contains Intentionally False or Material Misleading

Information
Not contain intentionally false or materially misleading information.
(b) Unreasonable Risk

Not create an unreasonable risk of significant:
1. Damage to Property
Damage to public or private property, beyond normal wear and
tear;
2. Injury to Persons
Injury to persons;
3. Disturbances or Nuisances
Public or private disturbances or nuisances;
4. Impediments or Distractions, Congestion, or Pedestrian travel
Unsafe impediments or distractions to, or congestion of, vehicular
or pedestrian travel;
5. Additional Public Safety Demands
Additional and impracticable or unduly burdensome police, fire,
trash removal, maintenance, or other public services demands;
6. Other Adverse Effects
Other adverse effects upon the public health, safety, or welfare;
7. Location Cannot be Accommodated
Not be of such a nature, size, or duration that the particular
location requested cannot reasonably accommodate the event;
and
8. Time Permitted or Reserved for Other Activities
Be at a time and location that has already been permitted or
reserved for other activities.
(4) Conditions
In approving the Temporary Use Permit for the special event, the
Development Services Director is authorized to impose such
conditions upon the premises benefited by the permit as may be
necessary to reduce or minimize any potential adverse impacts
upon other property in the area, as long as the condition relates to a
situation created or aggravated by the proposed special event. The
Subsection 4-500(H): Duration of Permit
Development Services Director is authorized, where appropriate, to

require:
(a) Provision of Temporary Parking

Provision of temporary parking facilities, including vehicular access and
egress.
(b) Control of Nuisance Factors

Control of nuisance factors, such as but not limited to, the prevention of
glare or direct illumination of adjacent properties, noise, vibrations,
smoke, dust, dirt, odors, gases, and heat.
(c) Regulation of Temporary Buildings

Regulation of temporary buildings, structures and facilities, including
placement, height and size, location of equipment and open spaces,
including buffer areas and other yards.
(d) Provision of Sanitary and Medical Facilities

Provision of sanitary and medical facilities.
(e) Provision of Solid Waste Collection and Disposal

Provision of solid waste collection and disposal.
(f) Provision of Security and Safety Measures

Provision of security and safety measures.
(g) Use of Alternative Location or Date

Use of an alternative location or date for the proposed special event.
(h) Modification or Elimination of Certain Proposed Activities

Modification or elimination of certain proposed activities.
(i) Operational Standards

Regulation of operating hours and days, including limitation of the
duration of the special event to a shorter time period than that requested
or specified in this subsection.
(j) Performance Guarantee

Submission of a performance guarantee to ensure that any temporary
facilities or structures used for such proposed special event will be
removed from the site within a reasonable time following the event and
that the property will be restored to its former condition.
4-500(H) Duration of Permit

A Temporary Use Permit for a special event authorized in accordance with this subsection
shall be limited to a maximum duration of fourteen (14) days per site per calendar year,
unless otherwise specifically authorized by the Development Services Director.
ZONING
ORDINANCE
Article 5: Density, Intensity and
Dimensional Standards
ARTICLE 5: DENSITY, INTENSITY, & DIMENSIONAL STANDARDS
TOC
ARTICLE 5: DENSITY, INTENSITY, AND DIMENSIONAL STANDARDS
5-100 GENERAL PROVISIONS ................................................................................................................ 1

(B) DIMENSIONAL STANDARDS TABLES ........................................................................................ 1
5-200 MEASUREMENTS AND EXCEPTIONS ......................................................................................... 9
(A) PURPOSE .............................................................................................................................. 9
(B) LOTS ................................................................................................................................. 9
(C) REQUIRED YARDS ............................................................................................................... 11
(D) HEIGHT ...............................................................................................................................14
(E) BULK ............................................................................................................................... 15
5-100 GENERAL PROVISIONS

The purpose of this section is to present the density and dimensional
standards for all principal and accessory uses allowed in this Ordinance.
These standards may be further modified by other applicable sections of
this Ordinance.
5-100(B) Dimensional Standards Tables

(1) Dimensional Standards in the Residential Districts
(a) General
All principal and accessory structures in the residential zone districts are
subject to the dimensional standards set forth in Table 5-100(A): Table of
Dimensional Standards in the Residential Zone Districts.
(b) Lots in Old Town

Lots located in Old Town shall comply with the Infill Standards in Section
6-800(E), and to the extent the requirements apply contextual standards
for lot area, setbacks, height, and yards, those standards supercede the
standards of this section. The standards in Table 5-100(A), Table of
Dimensional Standards in the Residential Zone Districts may be further
limited or modified by other applicable sections of this Ordinance.
(c) Rules of Measurement and Exceptions

Rules of measurement and permitted exceptions are set forth in Sections
5-200(B), Lots; 5-200(C), Required Yards; 5-200(D), Height; and 5-
200(E), Bulk.
TABLE 5-100(A): TABLE OF DIMENSIONAL STANDARDS IN THE RESIDENTIAL ZONE DISTRICTS
REQUIRED YARDS [1] MAX.

MAX.
MIN. LOT MIN. LOT SIDE/ LOT MAX.
DISTRICT GROSS
AREA WIDTH FRONT SIDE YARD REAR REAR COVER HEIGHT
AND USE DENSITY
(SQ FT) (FT) [3] YARD (FT) (FT) YARD (FT) YARD (FT) -AGE (FT) [4]
(Accessory
(DU/AC)
[2]
Structures)
RH DISTRICT
Single-family
15; 30 for
detached 217,800 250 70 50 70 0.20
> 1 story
dwellings
Dwellings in a
Conservation None None 20 None None 5 3
Subdivision [5] None 35
All other uses
15; 60 for
217,800 200 70 50 70 N/A
> 1 story
Rock Hill South Carolina Zoning Code – May 14, 2007 Page 5-1
Subsection 5-100(B): Dimensional Standards Tables

MAX.
DISTRICT GROSS
AND USE DENSITY
(Accessory
(DU/AC)
[2]
Structures)
SF-2 DISTRICT
Single-family 6 one side;
6; 18 for
detached 20,000 100 25 18 6 70% 2
> 1 story
dwellings combined
Dwellings in a 35
Conservation None None 20 None None 5 None 3
Subdivision [5]
15; 30 for
All other uses 43,560 160 25 30 30 60% N/A
> 1 story
SF-3 DISTRICT

5; 16 for
detached 14,000 90 15 16 6 70% 35 3
> 1 story
dwellings combined
15; 30
when
abutting
side lot line
of lot 15; 30 for
All other uses 43,560 160 25 30 60% 35 N/A
containing a > 1 story
single-
family
detached
dwelling
SF-4 DISTRICT
6; 18 for
detached 9,000 80 [6] 15 18 6 70% 35 4
> 1 story
dwellings combined
15; 30
when
abutting
side lot line
of lot 15; 30 for
All other uses 43,560 160 25 30 60% 35 N/A
containing a > 1 story
single-
family
detached
dwelling
SF-5 DISTRICT
6; 10 when
abutting
side lot line
Single-family 4 one side; of lot
6; 10 for
detached 7,500 15 10 containing a 75%
> 1 story
dwellings combined single-
family
60
detached 35 5
dwelling
Two- to four- 4 one side,
10,000 for first
family dwellings, 12
2 units +
single-family combined; 4; 12 for 60%
3,000 for each 25 12
attached 12 between > 1 story
additional unit
dwellings buildings on
Townhouses N/A 100 same lot

MAX.
DISTRICT GROSS
AND USE DENSITY
(Accessory
(DU/AC)
[2]
Structures)
8 for
15; 30 live/work
when or upper
abutting story
side lot line dwelling
Group homes
of lot 15; 30 for located
and Non- 43,560 160 25 30 35
containing a > 1 story over a
residential uses
single- street-level
family non-
detached residential
dwelling use
SF-8 DISTRICT
4; 12 for
detached 5,000 10 12 6 75%
> 1 story
dwellings combined
Two- to four- 50
8,000 for first
family dwellings, 10 one
2 units + 35 8
single-family side, 25
3,000 for each
attached combined; 10; 25 for >
additional unit 25 25 60%
dwellings 12 between 1 story
Townhouses, buildings on
multiple family N/A 60 same lot
dwellings
10 for
live/work
35; 45 for or upper
50%;
buildings story
60%
Group homes 12 one with dwelling
15; 25 for when 4
and Non- 20,000 100 20 side; 25 25 residential located
> 1 story or more
residential uses combined above over a
res. units
street street-level
included
level non-
residential
use
MF-8 DISTRICT
Single
Single
Single-family family
family
detached Single detached:
detached:
dwellings; two- 5,000 10 family 4; 50% 6
4;
to four-family detached: All others ;
Single All others:
dwellings 4; 12, 25 > 1
family 25
All others: story
detached:
8,000 for first 10 one 35
60; 6;
2 units + side, 25
All others: 10 for
2,000 for each combined;
50 buildings
All other additional unit; 12 between 10; 25 for >
25 25 60% with street-
residential uses None for buildings on 1 story
level non-
townhouses or same lot
residential
multiple family
uses;
dwellings

MAX.
DISTRICT GROSS
AND USE DENSITY
(Accessory
(DU/AC)
[2]
Structures)
6; 10 for
live/work
35; 45 for or upper
buildings story
10 one with dwelling
Non-residential 15; 25 for
7,500 100 20 side; 25 25 residential located
uses > 1 story
combined above over a
street street-level
level non-
residential
use
MF-15 DISTRICT
Single-family
6; 12 for
detached 4 one side,
two- to four- 6; 12 for
dwellings; two- 5,000 15 12 50% 15
family > 1 story
to four-family combined
dwellings
dwellings
20 each
Single
side; 35 20; 35
family
8,000 for first each side when
detached: 15 [7];
2 units + adjacent to abutting 35
60; 20 for
2,000 for each a single- side lot line
All others: buildings
All other additional unit; family of lot 20; 35 for
50 60% with street-
residential uses None for detached containing a > 1 story
level non-
townhouses or dwelling; 12 single-
residential
multiple family between family
uses;
dwellings buildings on detached
the same dwelling
25 lot
15; 20 for
6; 20 when live/work
abutting 35; 45 for or upper
side lot line buildings story
of lot with dwelling
Non-residential
7,500 60 20 containing a 20 residential located
uses
single- above over a
family street street-level
detached level non-
dwelling residential
use
MPH DISTRICT
None, but None, but None, but
None, but all all all
all structures structures structures
4,000 per structures shall be at shall be at shall be at
Mobile/ 30% of
home site; 4 shall be at least 4 feet least 4 feet least 4 feet
manufactured None entire 35 7
acre min. park least 20 from the from the from the
home park [8] park
size feet from perimeter of perimeter of perimeter of
any public the mobile the mobile the mobile
ROW home unit home unit home unit
space area space area space area

MAX.
DISTRICT GROSS
AND USE DENSITY
(Accessory
(DU/AC)
[2]
Structures)
6; 30 when
abutting
side lot line
of lot
30 each
All other uses 43,560 100 25 containing a 30 N/A
side
single-
family
detached
dwelling
PD-R DISTRICT
See Section 3-400(G)(1)(d) & (e)
PD-TND DISTRICT
See Section 3-400(G)(4)(a), (d), & (e)
NOTES:
[1] When a lot is bounded on more than one (1) side by a public right-of-way, the minimum yard requirement between all structures and all right-of-way
edges shall be in accordance with the standards in Section 5-200(C)(1)(d), Yard, Front.
[2] Maximum lot coverage amounts include the principal use, accessory structures, and all impervious surface areas.
[3] Minimum lot width shall be measured at the setback line, not the public right-of-way edge or the edge of pavement for private drives. In cases
where a lot is bounded by two (2) or more streets, the minimum lot width is only required at the setback line for the front yard. For individual
townhouses the minimum width does not apply.
[4] Accessory uses shall be subject to the maximum height standards for principal uses.
[5] Conservation subdivisions shall be at least ten (10) acres in size, and limited to a maximum of one hundred (100) dwelling units.
[6] Lot widths as narrow as fifty (50) feet may be permitted on legally platted lots created before the effective date of this Ordinance.
[7] A minimum of four (4) units per acre shall be provided.
[8] All structures in the MHP district shall maintain a twenty- (20) foot setback from the perimeter of the park.
(2) Dimensional Standards in the Business Districts

(a) General
All primary and accessory structures in the business zone districts are
subject to the dimensional standards set forth in Table 5-100(B): Table of
Dimensional Standards in the Business Zone Districts.
(b) Lots in Old Town

Lots located in Old Town shall comply with the Infill Standards in Section
6-800(E), and to the extent the requirements apply contextual standards
for lot area, setbacks, height, and yards, those standards supercede the
standards of this section. The standards in Table 5-100(B), Table of
Dimensional Standards in the Business Zone Districts, may be further
limited or modified by other applicable sections of this Ordinance.
(c) Rules of Measurement and Exceptions

Rules of measurement and permitted exceptions are set forth in Sections
5-200(B), Lots; 5-200(C), Required Yards; 5-200(D), Height; and 5-
200(E), Bulk.
TABLE 5-100(B): TABLE OF DIMENSIONAL STANDARDS IN THE BUSINESS ZONE DISTRICTS
REQUIRED YARDS [1]

MIN. LOT MIN. MAX. GROSS
SIDE/REAR MAX.
DISTRICT AREA LOT FRONT MAX. LOT RES.
SIDE YARD REAR YARD YARD (FT) HEIGHT
AND USE (SQ FT) WIDTH YARD COVERAGE DENSITY
(FT) (FT) (ACCESSORY (FT)[7]
[5] (FT)[6] (FT) (DU/AC)
STRUCTURES)
OI DISTRICT
6,000 for
first 2 units
+ 1,500 for
Single
each 20 each
family
additional side; 12
Residential detached:
unit; None between 20 20 60% 35 5
uses 60;
for buildings on
All others:
townhouses the same lot
50
or multiple 25
family
dwellings
8 for live/work or
10; 25 when upper story
Non-
abutting a residential units
residential 43,560 None 25 25 65% 45
residential above a street-
uses
zone district level non-
residential use
NO DISTRICT
6; 10 when
abutting side
Single-
4 one side; lot line of lot
family 6; 10 for
6,000 15 10 containing a 70%
detached Single > 1 story
combined single-family
dwellings family
detached
detached:
dwelling 35 5
60;
6,000 for 4 one side,
All others:
first 2 units 12
All other 50
+ 2,500 for combined; 4; 12 for
residential 25 12 60%
each 12 between > 1 story
uses
additional buildings on
unit same lot
REQUIRED YARDS [1]

SIDE/REAR MAX.
[5] (FT)[6] (FT) (DU/AC)
STRUCTURES)
35; 45 for 8 for live/work or
10; 25 when buildings upper story
Non-
abutting a 10; 25 for with residential units
residential None None 15 25 60%
residential > 1 story residential above a street-
uses [2]
zone district above street level non-
level residential use
DTWN DISTRICT
20 for lots
platted
after
effective
date of 75; 90 for
this buildings
All uses None Ordinance None None None None N/A with street- None
level retail or
restaurants
NC DISTRICT
6; 10 when
abutting side
Single-
4 one side; lot line of lot
family 6; 10 for
6,000 15 10 containing a 5
detached > 1 story
combined single-family
dwellings
detached
Single dwelling
6,000 for family
first 2 units detached:
35
+ 1,500 for 60;
each All others:
20; 12 8; 12 for
All other additional 50
between 20; 30 for buildings with
residential unit; None 25 20
buildings on > 1 story street-level non-
uses for 60%
the same lot residential uses
townhouses
or multiple
family
dwellings
12 for live/work
or upper story
35; 45 for
None; 30 residential units
20; 30 when buildings
Non- when above a street-
abutting a 20; 30 for with
residential None None 20 abutting a level non-
residential > 1 story residential
uses [2] residential residential use
zone district above street
zone district
level
LC DISTRICT
20; 12
Residential between 20; 30 for
25 20 60% 35 8
uses buildings on > 1 story
the same lot
35 for one 15 for live/work
None 20 None; 30
20; 30 when story or upper story
Non- when
abutting a 20; 30 for buildings; 45 residential units
residential 20 abutting a 70%
residential > 1 story for multi- above a street-
uses [3] residential
zone district story level non-
zone district
buildings residential use
REQUIRED YARDS [1]

SIDE/REAR MAX.
[5] (FT)[6] (FT) (DU/AC)
STRUCTURES)
CC DISTRICT
20 each
side; 12
Residential 20; 30 for
None 50 25 between 20 50% 35 10
uses [4] > 1 story
buildings on
the same lot
15 for live/work
or upper story
60%; 75% 35 for one
None; 30 residential units
20; 30 when when 8 or story
Non- when above a street-
abutting a 20; 30 for more buildings; 60
residential 43,560 100 20 abutting a level non-
residential > 1 story residential for multi-
uses residential residential use
zone district units are story
zone district
included buildings
GC DISTRICT
10; 20 when 10; 20 when
Residential abutting a abutting a 10; 20 for
43,560 150 20 75% 35
uses residential residential >1 story
zone district zone district
None; 50 14
10; 50 when
Non- when
abutting a 10; 50 for
residential 87,120 200 25 abutting a 85% 45
residential > 1 story
uses residential
zone district
zone district
MUC DISTRICT
See Section 3-300(B)(8)
NMU DISTRICT
See Appendix 3-B
IG DISTRICT
10; 75 when 10; 75 when 10; 75 when
abutting a abutting a abutting a
All uses None[5] None 25 85% 60 N/A
residential residential residential
zone district zone district zone district
IH DISTRICT
10; 100 10; 100 10; 100 when
All uses None[5] None 25 85% 60 N/A
IB DISTRICT
10; 75 when 10; 75 when 10; 75 when
Non- 5 for live/work
residential 87,120 200 25 85% 45 and upper story
uses residential units
PD-C DISTRICT
See Section 3-400(G)(2)(b), (d), & (e)
PD-MEC DISTRICT
See Section 3-400(G)(3)(b), (d), & (e)
PD-PED DISTRICT
See Section 3-400(G)(5)
Section 5-200: Measurements and Exceptions
REQUIRED YARDS [1]

SIDE/REAR MAX.
[5] (FT)[6] (FT) (DU/AC)
STRUCTURES)
NOTES:
[1] When a lot is bounded on more than one (1) side by a public right-of-way, the minimum yard requirement between all structures and all right-of-way
edges shall be in accordance with the standards in Section 5-200(C)(1)(d), Yard, Front.
[2] The non-residential portion of a building shall not exceed ten thousand (10,000) square feet of total floor area, and no individual building on a site shall
exceed ten thousand (10,000) square feet in area. Exterior walls of individual buildings on the same site may abut one another.
[3] The non-residential portion of a building shall not exceed twenty thousand (20,000) square feet of total floor area, and no individual building on a site
shall exceed twenty thousand (20,000) square feet in area. Exterior walls of individual buildings on the same site may abut one another.
[4] A minimum of four (4) dwelling units per acre shall be provided.
[5] The minimum lot size is for initial development and may be subsequently subdivided. Minimum size for an IG or IH District shall be at least ten (10)
contiguous acres.
[6] Minimum lot width does not apply to individual townhouses.
[7] Additional height may be permitted pursuant to section 5-200 (D)(1)(f) below
5-200 MEASUREMENTS AND EXCEPTIONS

5-200(A) Purpose
The purpose for this section is to clarify the rules of measurement and
exemptions to the rules of measurement for all principal and accessory
uses allowed in this Ordinance. These standards may be further modified
by other applicable sections of this Ordinance.
5-200(B) Lots
(1) Definitions/Measurement
(a) Lot Area
Lot area means the amount of land area, measured horizontally, included
within the lines of a lot. Lands located within any private easements shall
be included within the lot area. Public road rights-of-way, lands set aside
for public utilities, parks, open space, or schools shall not be included in
calculating lot area, except where specifically allowed by this Ordinance.
(b) Lot Coverage

See Section 5-200(E)(1)(b).
(c) Lot Depth

Lot depth means the horizontal distance between the midpoints of straight
lines connecting the front lot line and the rear lot line.
(d) Lot Frontage (Frontage Line)

Lot frontage means the portion of a lot along a street from which the lot
derives its street address. In the case of a building lot abutting upon only
one (1) street, the frontage line is the line parallel to and common with the
right-of-way. In the case of a corner lot, that part of the building lot having
the narrowest frontage on any street shall be considered the frontage line.
For the purpose of determining yard requirements on corner lots and
through lots, all sides of a lot adjacent to streets shall be considered
frontage, and yards shall be provided as required in this Ordinance.
Subsection 5-200(B): Lots
(e) Lot Line

Lot lines mean the lines bounding a lot as established by ownership.
(f) Lot Width

The distance between straight lines connecting front and rear lot lines at
each side of the lot, measured at the front building setback line. Except
for lots fronting the turning circle of a cul-de-sac street, the distance
between side lot lines at the frontage line shall not be less than eighty
percent (80%) of the required lot width.
(g) Lot Types

Lot types mean corner lots, interior lots, through lots, and reversed
frontage lots, as depicted in Figure 5-200(A), Lot Types.
1. Corner Lot
A lot located at the intersection of two (2) or more streets (other
than alleys), regardless of whether or not such streets intersect at
right angles. See lots marked “A (1)” in Figure 5-200(A).
2. Interior Lot
A lot other than a corner lot with only one (1) frontage on a street
other than an alley. See lots marked “B” in Figure 5-200(A).
3. Through Lot
A lot other than a corner lot with frontage on more than one (1)
street other than an alley. Through lots with frontage on two (2)
streets may be referred to as “double frontage lots”. See lot
marked “C” in Figure 5-200(A).
4. Reversed Frontage Lot
A lot that has lot frontage and depth characteristics diametrically
opposed to the prevailing pattern of lots on the same block face.
A reversed frontage lot may also be a corner lot (“A-D” in Figure
5-200(A)), or even in rare cases, a through lot (“C” in Figure 5-
200(A)).
FIGURE 5-200(A): LOT TYPES
(h) Rear Lot Line

The rear lot line is the line connecting the two (2) side lot lines along the
edge of the lot opposite from the frontage line.
(i) Side Lot Line
Subsection 5-200(C): Required Yards
The side lot line is the lot line connecting the front and rear lot lines
regardless of whether it abuts a right-of-way or another lot line.
(2) General Lot Requirements
(a) Minimum Lot Dimensions

Any lot that is developed shall meet the minimum lot area, width, and
coverage standards established in Tables 5-100(A), Dimensional
Standards in the Residential Zone Districts, and 5-100(B), Dimensional
Standards in the Business Zone Districts, for the zone district in which it is
located, except as otherwise established by this Ordinance for particular
uses.
(b) Erection of More Than One Principal Structure on a Platted Lot

Whenever any land is subdivided, a building permit for the construction of
a building or other principal structure (excluding buildings under common
ownership or unified control) shall not be issued unless the land is
subdivided in accordance with the procedures and standards of this
Ordinance.
(c) Lots Divided By Zone District Lines

Whenever a single lot is located within two (2) or more different zone
districts, each portion of that lot shall be subject to all the regulations
applicable to the district in which it is located.
5-200(C) Required Yards

(1) Definitions/Measurement
(a) Building Setback Line
The building setback line is a line located at the inside edge of a required
front, side, or rear yard. Exterior building walls may not encroach into the
required yard beyond the building setback line. Portions of a building,
(e.g., an overhang, eave, entry stairs, bay windows, or foundation
planters) may encroach into a required yard as allowed in Table 5-200(A),
Allowable Yard Encroachments.
FIGURE 5-200(B): BUILDING SETBACK LINE
(b) Right-of-Way
Right-of-way means land dedicated, deeded, used, or to be used for
a street, road, alley, pedestrian way, crosswalk, bikeway, drainage
facility, or other public uses, wherein the owner gives up rights to the
land so long as it is being or will be used for the dedicated purpose.
Right-of-way also is a land measurement term, meaning the
distance between lot property lines which generally contain not only
the street pavement, but also the sidewalk, grass area, and
underground or aboveground utilities.
(c) Yard
A required open area unoccupied and unobstructed by any building
or by any structure or portion of a structure except as allowed by this
Ordinance. Fences, walls, and incidental structures (e.g., flagpoles,
birdhouses or feeders, clothesline posts, etc.) may be permitted
within a yard in accordance with the standards in Section 6-400,
Fencing Standards, and Section 7-100(B)(1)(k), Sight Obstruction.
(d) Yard, Front

1. General
A yard extending between side lot lines across the front of a lot
between the frontage line and the front building setback line.
Fences or walls shall be in accordance with the standards in
Section 6-400, Fencing Standards.
2. Through Lots
In the case of through lots, yards areas meeting the standard for
a front yard shall be provided on both frontages. Where one (1)
of the front yards that would normally be required on a through lot
is not in keeping with the prevailing yard pattern, the Planning
and Development Director may waive the requirement and
substitute a special yard requirement which shall not exceed the
average of the yards provided on adjacent lots.
3. Corner Lots
In the case of corner lots, a front yard of the required depth shall
be provided between the lot frontage line and the front building
setback, and a yard equaling half the depth of the required front
yard shall be provided on any other frontage.
4. Reversed Frontage Corner Lots

In the case of reversed frontage corner lots, a front yard of the
required depth shall be provided on frontage along the street from
which the property derives its street address, and a second yard
equaling half the depth required for front yards in the district shall
be provided on the other frontage.
5. Front Yard Depth Required

Depth of required front yards shall be measured at right angles to
a straight line joining the foremost points of the side lot lines. The
foremost point of the side lot line, in the case of rounded property
corners at street intersections, shall be assumed to be the point
at which the side and front lot lines would have met without such
rounding. Front and rear lines of a required front yard shall be
parallel.
(e) Yard, Side

1. Generally
A yard extending from the front building setback line to rear
building setback line. In the case of through lots, the side yard
extends from the front building setback line to the opposing
building setback line associated with the other yard. In the case
of corner lots, the yards remaining after full and half-depth front
yards have been established shall be considered to be side
yards.
2. Side Yard Width Required

Width of required side yards shall be measured at right angles to
a straight line joining the ends of front and rear lot lines on the
same side of the lot. The inner side yard line of a required side
yard shall be parallel to the straight line so established.
(f) Yard, Rear

1. Generally
A yard extending across the rear of the lot between the rear lot
line and the rear building setback line. In the case of through lots,
there will be no rear yard.
2. Rear Yard Depth Required

Depth of required rear yards shall be measured at right angles to
a straight line joining the rearmost points of the side lot lines. The
rear building setback line shall be parallel to the straight line so
established.
(2) Allowable Yard Encroachments

Every part of every required yard shall be open and unobstructed
from the ground to the sky except as provided in Table 5-200(A),
Allowable Yard Encroachments, or as otherwise permitted in this
Ordinance:
TABLE 5-200(A): ALLOWABLE YARD ENCROACHMENTS
FEATURE LIMITATION
Sills and Belt Courses Shall not project over twelve (12) inches into a required yard
Shall not project over three (3) feet into a required yard, provided that
Movable awnings where the yard is less than five (5) feet in width, the projection shall not
exceed one-half (½) of the width of the yard
Chimneys, Fireplaces, Bay
Shall not project more than two (2) feet into a required yard
Windows, or Pilasters
Shall not project more than five (5) feet into a required yard, or more
Fire Escapes, Stairways, and
than three (3) feet into a required yard for a multiple family dwelling,
Balconies(unenclosed)
hotel, or motel
Hoods, Canopies, Roof
Shall not project over three (3) feet into a required yard, and shall come
Overhangs, or Foundation
no closer than one (1) foot to the lot line
Planters, or Marquees
Fences, Walls, and Hedges Permitted in yards subject to the requirements of this section
Shall not project more than three (3) feet into a required yard, provided
Cornices, Eaves, and Gutters that where the yard is less than six (6) feet in width, the projection shall
not exceed one-half (½) the width of the yard
Subsection 5-200(D): Height
5-200(D) Height
(1) Definition/Measurement
(a) Building Height
Height of building means the vertical distance measured from the
established grade at the corner of a front of a building to the highest point
of the roof surface of a flat roof, to the deck line of a flat mansard or
Bermuda roof, to the mean height level between eaves and ridge of
gable, hip, cone, gambrel and shed roofs, as depicted in Figure 5-200(C),
Building Height Measurement.
(b) Established Grade

Established grade is the finished grade following grading, excavation, or
other land-disturbing activity.
(c) Building Story

A building story is the space between the surface of any floor and the
surface of the next floor above it; or if there is no floor above it, the space
between the floor surface and the top of the ceiling joists or roof rafters
above it. Typically, story height in a residential structure is twelve (12) feet
per story, and story height in a non-residential structure is fifteen (15) feet
per story.
(d) Exclusions from Height Limitations

The height limitations included in Tables 5-100(A)and (B) do not apply to
spires, belfries, cupolas, water tanks, ventilators, chimneys, elevator shaft
enclosures, airport control towers, observation towers, or other
appurtenances usually required to be placed above the roof level and,
excepting airport control towers and observation towers, not intended for
human occupancy; however, the heights of these structures or
appurtenances shall not exceed twice the height allowed for the primary
structure, or any height limitations prescribed by the Federal Aviation
Administration. Parapets may exceed height limitations with a maximum
limit of 30% of the building height, or 10 feet, which ever is less.
(e) Grade
Grade means the level of the finished ground surface immediately
adjacent to the exterior walls of a building.
FIGURE 5-200(C): BUILDING HEIGHT MEASUREMENT
Subsection 5-200(E): Bulk
(f) Allowance for Additional Building Height

In the Business Zone districts denoted in Table 5-100 (B), additional
building, parapet or appurtenance height may be permitted by
Administrative Adjustment, as reflected in Table 2-300(F). Additional
height, beyond that permitted by administrative adjustment, may be
approved in accordance with the requirements in Section 2-300(D),
Special Exception up to a maximum height of one hundred (100) feet, if
the following criteria are met:

building or structure, or by a special constraint on the site.
2. The building is setback at least one foot for every foot of height,
and two feet for every foot of height when adjacent to a
residential district.
3. The permitting of additional height complies with the Special

Exception standards of section 2-300 (D)(4).
5-200(E) Bulk
(1) Definition/Measurement
(a) Density, Gross Residential
Gross residential density means the number of residential dwelling units
permitted per gross acre of land and is determined by dividing the number
of units by the total area of land within the boundaries of a parcel of land
including existing streets, dedicated rights-of-way, tree protection zones,
and open space set-asides, except as otherwise provided for in this
Ordinance. In the determination of the number of residential units to be
permitted on a specific parcel of land, a fractional unit equal to or greater
than one-half (½) of a unit shall be rounded up to equal a full unit. A
fractional unit less than one-half (½) of a unit shall be rounded down, and
not counted as a unit.
(b) Lot Coverage

Lot coverage is a measure of intensity of a use of land that represents the
portion of a site that is covered by structures. For single family
residential, this portion includes, but is not limited to areas covered by
structures (including decks), parked structures, driveways, streets,
sidewalks, and any other areas covered by an impervious surface
material, including areas of outdoor storage.
(c) Floor Area

Floor area means, except as may be otherwise indicated in relation to
particular districts and uses, the sum of the gross horizontal areas of the
several floors of a building measured from the exterior faces of the
exterior walls or from the centerline of walls separating two (2) buildings,
excluding attic areas with a headroom of less than seven (7) feet,
unenclosed stairs or fire escapes, elevator structures, cooling towers,
areas devoted to air conditioning, ventilating or heating or other building
machinery and equipment, parking structures and basement space where
the ceiling is not more than forty-eight (48) inches above the general
finished and graded level of the adjacent part of the lot.
Subsection 5-200(E): Bulk
(2) Limitations on Size of Architectural Elements

Turrets, cupolas, steeples, spires, widow walks, and other similar
architectural features shall not exceed six hundred (600) feet in floor
area.
(3) Minimum House Size

Single-family detached dwellings shall comply with the minimum
size standards in Table 5-200(B), Minimum House Size:
TABLE 5-200(B): MINIMUM HOUSE SIZE

NUMBER OF BEDROOMS MINIMUM AMOUNT OF HEATED FLOOR AREA
(#) (SQUARE FEET) [1]
2 850
3 or more 1,000
NOTES:
[1] These standards shall not apply to accessory dwelling units.
ZONING
ORDINANCE
Article 6: Development and
Design Standards
Rock Hill, South Carolina l Zoning Ordinance – May 14, 2007

ARTICLE 6: DEVELOPMENT AND DESIGN STANDARDS
6-100 OFF STREET PARKING AND LOADING....................................................................................... 1

(B) APPLICABILITY ....................................................................................................................... 1
(C) GENERAL STANDARDS FOR OFF-STREET PARKING, STACKING, AND LOADING AREAS ............... 1
(D) OFF-STREET PARKING STANDARDS ........................................................................................ 4
(E) COMPUTATION OF REQUIRED OFF-STREET PARKING SPACES ................................................ 16
(F) STACKING SPACES FOR DRIVE-THROUGH AND RELATED USES .............................................. 18
(G) ACCESSIBLE PARKING SPACES FOR DISABLED PERSONS ...................................................... 20
(H) DIMENSIONAL STANDARDS FOR PARKING SPACES AND AISLES .............................................. 21
(I) PEDESTRIAN AND BICYCLE FACILITIES .................................................................................. 23
(J) ALTERNATIVE PARKING PLAN ............................................................................................... 24
(K) LOADING SPACE STANDARDS............................................................................................... 29
6-200 TREE AND VEGETATION PROTECTION.................................................................................... 32
(B) APPLICABILITY ..................................................................................................................... 32
(C) RETENTION OF EXISTING TREE CANOPY ............................................................................... 34
(D) PROTECTION OF HERITAGE TREES ....................................................................................... 38
(E) TREE PROTECTION DURING CONSTRUCTION ........................................................................ 40
(F) TREE PRESERVATION INCENTIVES ........................................................................................ 43
(G) MONITORING AND MAINTENANCE OF TREE AND VEGETATION PROTECTION ............................ 44
6-300 LANDSCAPING STANDARDS ..................................................................................................... 45
(B) APPLICABILITY OF LANDSCAPING STANDARDS ....................................................................... 45
(C) GENERAL REQUIREMENTS FOR LANDSCAPING ...................................................................... 46
(D) SITE LANDSCAPING ............................................................................................................. 51
(E) VEHICULAR USE AREA LANDSCAPING ................................................................................... 52
(F) PERIMETER BUFFERS .......................................................................................................... 56
(G) STREETSCAPE LANDSCAPING ............................................................................................... 60
(H) SCREENING ......................................................................................................................... 62
(I) ALTERNATIVE LANDSCAPE PLAN .......................................................................................... 64
(J) OTHER LANDSCAPE STANDARDS .......................................................................................... 65
6-400 FENCING STANDARDS ............................................................................................................... 70
(A) APPLICABILITY ..................................................................................................................... 70
(B) GENERAL REQUIREMENTS FOR FENCES AND WALLS ............................................................. 70
(C) HEIGHT REQUIREMENTS FOR FENCES AND WALLS ................................................................ 71
(D) EXEMPTION FOR SECURITY PLAN ......................................................................................... 71
(E) PERIMETER FENCES AND WALLS ABUTTING PUBLIC RIGHT-OF-WAY ...................................... 72
(F) VISIBILITY CLEARANCE ........................................................................................................ 72
(G) PROHIBITED FENCES ........................................................................................................... 72
(H) APPEARANCE ...................................................................................................................... 73
6-500 ENVIRONMENTALLY SENSITIVE LANDS.................................................................................. 75
(A) RIPARIAN BUFFERS ............................................................................................................. 75
(B) STEEP SLOPES ................................................................................................................... 77
(C) FLOOD HAZARD AREAS........................................................................................................ 78
(D) STORMWATER MANAGEMENT AND SEDIMENT CONTROL ........................................................ 78

6-600 OPEN SPACE STANDARDS........................................................................................................ 84
(A) PURPOSE ............................................................................................................................ 84
(B) APPLICABILITY OF OPEN SPACE STANDARDS ........................................................................ 84
(C) GENERAL OPEN SPACE STANDARDS .................................................................................... 84
(D) OWNERSHIP OF OPEN SPACE SET-ASIDES ........................................................................... 88
(E) MAINTENANCE OF OPEN SPACE SET-ASIDES ........................................................................ 89
6-700 EXTERIOR LIGHTING STANDARDS........................................................................................... 89
(A) PURPOSE ............................................................................................................................ 89
(B) APPLICABILITY ..................................................................................................................... 90
(C) EXEMPTIONS ....................................................................................................................... 90
(D) GENERAL STANDARDS FOR EXTERIOR LIGHTING ................................................................... 90
(E) DESIGN STANDARDS FOR EXTERIOR LIGHTING ...................................................................... 90
(F) WALL-MOUNTED LIGHTS ...................................................................................................... 92
(G) FLOODLIGHTS AND SPOTLIGHTS ........................................................................................... 92
(H) WALL PACK LIGHTS ............................................................................................................. 93
(I) EXEMPTIONS FOR A SECURITY PLAN .................................................................................... 93
(J) ILLUMINATION OF OUTDOOR SPORTS FIELDS AND PERFORMANCE AREAS .............................. 93
(K) SIGN LIGHTING .................................................................................................................... 94
6-800 DESIGN STANDARDS.................................................................................................................. 95
(A) COMMUNITY DESIGN STANDARDS ........................................................................................ 95
(B) RESIDENTIAL DESIGN STANDARDS ..................................................................................... 103
(C) COMMERCIAL AND INSTITUTIONAL DESIGN STANDARDS ....................................................... 114
(D) LARGE RETAIL DESIGN STANDARDS ................................................................................... 120
(E) INFILL DESIGN AND DEVELOPMENT STANDARDS .................................................................. 124
6-900 SIGNAGE ............................................................................................................................. 133
(A) PURPOSE .......................................................................................................................... 133
(B) APPLICABILITY ................................................................................................................... 133
(C) PROHIBITED SIGNS ............................................................................................................ 134
(D) STANDARDS FOR ALL SIGNS .............................................................................................. 136
(E) ADDITIONAL STANDARDS FOR SIGNS REQUIRING SIGN PERMITS .......................................... 140
(F) VARIANCES ....................................................................................................................... 144
(G) NONCONFORMING SIGNS ................................................................................................... 144
6-1000 TRAFFIC IMPACT STANDARDS ............................................................................................... 144
(A) APPLICABILITY ................................................................................................................... 144
(B) EXEMPTIONS ..................................................................................................................... 144
(C) PROCEDURE ..................................................................................................................... 145
(D) TIA SUBMISSION FOR PROJECTS WITH CUMULATIVE IMPACTS ............................................. 145
6-1100 APPENDIX 6-A: LANDSCAPE PLANT MATERIALS ................................................................ 146

Section 6-100: Off Street Parking and Loading
6-100 OFF STREET PARKING AND LOADING

In order to relieve traffic congestion in the streets, to minimize any
detrimental effects of off-street parking areas on adjacent lands, to ensure
the proper and uniform development of parking areas throughout the City,
and to encourage appropriate infill and reinvestment within established
areas, off-street parking and loading spaces for each use shall be provided
in accordance with the standards established in this section.
6-100(B) Applicability
(1) General
The off-street parking and loading standards of this section shall
apply to all development in the City.
(2) Expansions and Alterations

(a) General
The off-street parking and loading standards of this section
shall apply when an existing structure or use is expanded,
enlarged, or otherwise increased in capacity, or where there
is a change in use, and such expansion or change in use will
result in increased vehicle trips to the existing structure or
use.
(b) Nonconforming Structures Outside Old Town

The expansion, enlargement, or remodeling of a
nonconforming structure outside Old Town shall comply with
the requirements of Section 8-600, Correction of Other
Nonconformities.
(3) Parking in the DWTN District

Uses located in the DTWN District are exempted from the minimum
number of off-street parking spaces required in Table 6-100(D)(1),
Minimum Off-Street Parking Standards, and shall comply with the
standards in the City’s Parking Management Plan for Downtown
Rock Hill.
6-100(C) General Standards for Off-street Parking, Stacking, and

Loading Areas
(1) Use of Parking Area, Stacking Area, or Loading Space
All vehicular parking areas, stacking areas, and loading spaces
required by this section shall be used only for those purposes. Any
other use, including but not limited to vehicular storage, vehicle
Subsection 6-100(C): General Standards for Off-street Parking, Stacking, and Loading Areas
sales, vehicular repair work, vehicle service, or display of any kind,

shall constitute a separate business use of the space.
(2) Identified as to Purpose and Location When Not Clearly Evident

Off-street parking areas of three (3) or more spaces and off-street
loading areas shall include painted lines, bumper stops, or other
methods of identifying individual parking spaces and loading areas
and distinguishing such spaces from aisles.
(3) Surfacing
(a) General
All off-street parking and loading areas shall be surfaced with
asphalt, concrete, brick, stone, pavers, or an equivalent
material, except as provided for in Section 6-100(J)(8),
Alternative Materials. These materials shall be maintained in
a smooth, well-graded condition. Except for single-family
residential development, gravel shall not be used to satisfy
the minimum number of required off-street parking spaces.
(b) Spaces Exceeding Minimum Standards

Where the number of off-street parking spaces added exceed
the maximum number allowed by Table 6-100(D)(1),
Minimum Off-Street Parking Standards, such spaces shall
comply with the standards of Section 6-100(J), Alternative
Parking Plan.
(4) Arrangement
(a) Convenient Access
1. All off-street parking and loading areas shall be arranged for
convenient access and safety of pedestrians and vehicles.
2. Off-street parking areas with three (3) or more spaces shall be

arranged so that no parking or maneuvering incidental to parking
shall be on a public street or sidewalk, and so that an automobile
may be parked and un-parked without moving another automobile.
(b) Backing onto Public Streets Prohibited

All off-street parking and loading areas, except on lots used
for single-family detached and attached dwellings,
townhouses, and two- to four-family dwellings, shall be
arranged so that no vehicle shall be required to back from
such facilities directly onto public streets.
(5) Drainage
All off-street parking and loading areas shall be properly drained so
as not to cause any nuisance on adjacent land.
Subsection 6-100(C): General Standards for Off-street Parking, Stacking, and Loading Areas
(6) Exterior Lighting

When lighted, off-street parking and loading areas shall be lighted
so as to prevent glare or excessive light on adjacent land, and
unless exempted, shall comply with the standards of Section 6-700,
Exterior Lighting Standards.
(7) Landscaping
Except for parking areas serving single-family detached dwellings,
all off-street parking and loading areas shall be landscaped to soften
their visual impact on adjacent areas, and unless exempted, shall
comply with the standards of Section 6-300(E), Vehicular Use Area
Landscaping.
(8) Curbs and Motor Vehicle Stops

All off-street parking and loading areas shall provide curbs, motor
vehicle stops, or similar devices so as to prevent vehicles from
overhanging on or into public right-of-way, sidewalks, walkways,
adjacent land, or landscape areas.
(9) Maintained in Good Repair

(a) Maintained at All Times
All off-street parking and loading areas shall be maintained in
good repair, and in safe condition at all times, so as not to
constitute a hazard to public safety or a visual or aesthetic
nuisance to surrounding land.
(b) Periodically Restored

All off-street parking and loading areas shall be periodically
restored to maintain a clear identification of separate parking
stalls.
(10) Responsibility for Provision

The responsibility for providing the off-street parking and loading
areas required by this section shall be that of whomever develops
the land that requires parking and loading areas. Review for
compliance with the standards of this section shall occur at the time
of Site Plan (Section 2-300(H)), Preliminary Plat for Subdivision
(Section 2-300(I)(5)(b)), Planned Development (see Section 2-
300(B)), or Zoning Permit (Section 2-300(O)), as appropriate.
(11) Construction of Off-street Parking and Loading Areas

All off-street parking and loading areas shall be completed prior to
the issuance of a Certificate of Conformity (see Section 2-300(P))
for the use or uses they serve. In the case of phased development,
off-street parking and loading areas should only be provided for the
portions of the development for which a Site Plan (Section 2-
Subsection 6-100(D): Off-street Parking Standards
300(H)), Preliminary Plat for Subdivision (Section 2-300(I)(5)(b)), or

Certificate of Conformity (Section 2-300(P)) is approved.
6-100(D) Off-street Parking Standards

(1) Parking Plan Required
A parking plan (where appropriate), shall be submitted with every
application for a Site Plan (Section 2-300(H)), Preliminary Plat for
Subdivision (Section 2-300(I)(5)(b)), Planned Development (see
Section 2-300(B)), or Zoning Permit (Section 2-300(O)) for any
development that is required to provide more than three (3) off-
street parking spaces. The plan shall accurately designate the
required parking spaces, access aisles, and driveways, and the
relation of the off-street parking facilities to the uses or structures
such facilities are designed to serve.
(2) Minimum Number of Spaces Required

Unless otherwise expressly stated in this section, off-street parking
spaces shall be provided in accordance with Table 6-100(D)(1),
Minimum Off-Street Parking Standards:
TABLE 6-100(D)(1): MINIMUM OFF-STREET PARKING STANDARDS
“DU” = DWELLING UNIT; “SF” = SQUARE FOOTAGE
USE CATEGORY USE TYPE PROPOSED PARKING STANDARD

RESIDENTIAL USES
Dwelling, Live/work 0.5 per DU
Dwelling, mobile home 2 per DU

1 per efficiency unit;
Dwelling, multiple-family 1.5 per 1 or 2 bedroom unit;
2 per 3+ bedroom unit
Dwelling, single-family attached
Household Living
Dwelling, single-family detached
2 per DU
Dwelling, townhouse
Dwelling, two- to four-family
Upper story dwelling above a non-residential use 0.5 per DU
Dormitory 1 per every 2 resident beds
Fraternity or sorority house 1 per every 2 resident beds
Group home (Type A)

Group Living 1 per employee + 1 per every 5 children or 1 per every
3 adults
Group home (Type B)
Rooming house 1 + 1 per bedroom
Art Gallery
Greater of: 1 per 300 sf or 1 per every 4 persons of
maximum fire rated capacity
Community center
Museums: 1 per every 500 sf

Cultural facility
Others: 1 per every 300 sf
Community
Library
Services
1 per every 300 sf
Museum
Senior center
Greater of: 1 per every 3 persons of maximum fire
rated capacity or 1 per every 300 sf
Youth club facility
1 per employee + 1 per every 6 persons of maximum
Adult care center
fire rated capacity
1 per every 5 children up to 50, then 1 per every 10
Day Care Child day care center (7 or more persons)
children
In home day care (up to 6 persons) 3 per home

Educational 1 per every 2 students + 1 per employee on the largest
College or university
Facilities shift

1 per every 5 children up to 50, then 1 per every 10
Preschool
children
School (elementary, middle, or junior high) 1 per every 2 classrooms + 1 per employee
School, senior high 1 per classroom + 1 per every 5 students
1 per every 2 students + 1 per employee on the largest

Vocational or trade school
shift
Government maintenance, storage, and distribution
1 per every 600 sf
facility
Government 1 per every 300 sf of floor area used by the public + 1
Government office
Facilities per every 600 sf of floor area not used by the public
Post office 1 per every 300 sf
Blood/tissue collection facility See Section 6-100(D)(4)
Drug and alcohol treatment facility Greater of: 1 per every 3 beds or 1 per every 300 sf
2 per patient bed + 1per every 300 sf of administrative

Hospital
area
Health Care
Medical and dental clinic
Facilities
1 per every 300 sf
Medical and dental lab
2 per patient bed + 1per every 300 sf of administrative

Medical treatment facility (20 or fewer beds)
area
Outpatient facility 1 per every 300 sf
Assisted living facility 1 per every 3 patient beds
Convention center 1 per every 3 persons of maximum fire rated capacity
Halfway house (Type A)

1 per employee + 1 per every 5 children or 1 per every
3 adults
Halfway house (Type B)
Institutions Nursing home 1 per every 3 patient beds
Psychiatric treatment facility Greater of: 1 per every 3 beds or 1 per every 300 sf
Religious institution with seating capacity less than 1 per every 4 persons of maximum fire rated capacity in
300 in sanctuary or main activity area the assembly or sanctuary area
Religious institution, with seating capacity of 300 or
1 per every 4 persons of maximum fire rated capacity in
greater in sanctuary or main activity area, or with
the assembly or sanctuary area + the minimum number
accessory schools, day care centers with more than
of spaces required for any accessory use
50 children, or recreational facilities
Parks and Open Arboretum or Botanical garden See Section 6-100(D)(4)
Areas
Cemetery, columbaria, mausoleum 1 per employee on largest shift
Community garden 2 spaces + 1 per every 0.5 acre
Golf course, public 10 per hole; 5 per hole for Par 3 courses
Park, private and public See Section 6-100(D)(4)

Public square
Correctional Facility
Fire and EMS

Public Safety See Section 6-100(D)(4)
Police station
Sub station for fire and city police
Airport 1 per every 4 persons of maximum fire rated capacity
Transportation Helicopter landing facilities See Section 6-100(D)(4)
Passenger terminal, surface transportation 1 per every 200 sf
Wireless Communication tower and/or antenna,

freestanding
Wireless Communication antenna, Collocation on
1 per service provider with equipment on-site
existing tower
Wireless Communication antenna, placement on
Utilities
existing commercial or multi-family use
Utility, major 1 per employee on largest shift
Utility, minor See Section 6-100(D)(4)
COMMERCIAL USES
Agriculture All uses See Section 6-100(D)(4)
Farm market 1 per every 200 sf

Agriculture
Support and 1 per every 300 sf + 1 per every 1,000 sf outdoor
Nursery, commercial
Services (Directly nursery lot
Related)
Nursery, production 1 per employee on largest shift
Animal shelter
1 per every 300 sf
Animal grooming
Kennel, indoor
1 per every 400 sf
Animal Sales,
Service and Care Kennel, outdoor
Equine Stable 1 space + 1 per stall
Veterinary clinic without boarding

1 per every 300 sf
Veterinary clinic with boarding
Eating Bakeries, dinner theaters, or other entertaining
Establishments establishments engaged in the sale of food products Greater of: 1 per every 200 sf or 1 per every 3 persons
of maximum fire rated capacity
Restaurant, indoor seating only
Greater of: 1 per every 200 sf (including outdoor
Restaurant, with indoor and outdoor seating
waiting/seating/dining areas) or 1 per every 3 persons

Restaurant, with indoor and outdoor seating, and of maximum fire rated capacity for both indoor and
drive-in, or walk-up service outdoor areas
Greater of: 1 per every 200 sf or 1 per every 3 persons
Specialty eating establishment
Conference and
Conference centers See Section 6-100(D)(4)
Training Centers
Business services
1 per every 300 sf
Financial services
Offices Professional services, including medical and dental 1 per every 250 sf
Radio and television broadcasting studio 1 per every 500 sf
Sales 1 per every 300 sf
Outdoor
All uses None
Advertising
Parking lot None

Parking,
Commercial
Parking structure None
Auditorium 1 per every 3 persons of maximum fire rated capacity
Greater of: 1 per every 200 sf or 1 per every 4 persons

Commercial recreation, indoor
Private club or lodge with seating capacity of less Greater of: 1 per every 300 sf or 1 per every 3 persons
Recreation/ than 300 in main activity area of maximum fire rated capacity
Entertainment,
Indoor
Private club or lodge, with seating capacity of 300 or Greater of: 1 per every 300 sf or 1 per every 3.5
greater in main activity area. persons of maximum fire rated capacity
Theater (less than 500 seats) 1 per every 4 seats
Theater (500 seats or more) 1 per every 3 seats
Greater of: 1 per every 5,000 sf of land area or 1 per

Arena, amphitheatre, or stadium
every 3 persons of maximum fire rated capacity
- Athletic field: 1 per every 5,000 sf of land area
Commercial recreation, outdoor (less than 10,000 sf) - Courts (basketball, racquetball, tennis, volleyball,
etc.): 3 per court
Recreation/ - Swimming pool: 1 per every 75 sf of water area
Entertainment, Commercial recreation, outdoor (10,000 sf or more) - Associated structures: 1 per every 3 persons of
Outdoor maximum fire rated capacity
Golf course, private 10 per hole; 5 per hole for par 3 courses
Golf driving range 3 per tee
Retail Sales and Greater of: 1 per every 3 persons of maximum fire
Adult entertainment
Services rated capacity or 1 per every 200 sf
Greater of: 1 per 100 sf or 1 per 3 persons of maximum
Bar, nightclub, or cocktail lounge
fire rated capacity
Body piercing establishment 1 per every 300 sf
Convenience store (without gasoline sales or fast

1 per every 150 sf
food sales)

Convenience store (with gasoline sales)
Convenience store (with gasoline and fast food

sales)
1 per every 4 persons of maximum fire rated capacity +
Crematory
1 per vehicle serving the facility
Drug store or pharmacy (with drive through) 1 per every 250 sf
Greater of: 1 per every 3 persons of maximum fire

Entertainment establishment
rated capacity or 1 per every 200 sf
Financial institution 1 per every 300 sf

Flea market
1 per every 5,000 sf of outdoor display/sales area
Funeral home
1 per every vehicle serving the facility
Grocery Store
Laundromat 1 per every 250 sf
Liquor Store
Personal services establishment 1 per every 300 sf
Repair establishment 1 per every 300 sf

- 1 per every 300 sf for structures up to 300,000 sf
- 1 per every 275 sf for structures 300,001 to
Retail sales establishment
600,000 sf
- 1 per every 275 sf for structures over 600,000 sf
Tattoo parlor 1 per every 300 sf
Vehicles, Sales Aircraft parts, sales, and maintenance 1 per every 300 sf
and Services
Automobile painting/body shop 1 per every 300 sf
Automobile parts, sales, and installation 1 per every 300 sf
1 per every 300 sf of enclosed floor area + 1 per every

Automobile rental and sales
5,000 sf of outdoor display area
Automobile repair and servicing (without painting/
1 per every 300 sf
bodywork)
Automotive wrecker service 1 per employee on largest shift
1 per every 400 sf + 1 per every 5,000 sf of outdoor
Boat and marine rental and sales
display area
Car wash or auto detailing (full and self service) 1 per employee on largest shift
1 per every 300 sf of retail+ 1 per service bay+ 0.5 per

Gasoline filling station
gasoline pump
Recreational vehicle/travel trailer rental and sales
display area
Taxicab service 1 per employee on largest shift

Truck or tractor rental or sales
display area
1 per every 300 sf of retail+ 1 per service bay+ 0.5 per
Truck stop
gasoline pump
Bed and breakfast 2 spaces + 1 per sleeping room
Campground 1 + 1 per camping site

Hotel: 1 per every 3 guest rooms + 1 per employee on
Visitor largest shift + 75% of spaces required for on-site
Accommodations accessory uses
Hotel or motel
Motel: 1 per every guest room + 1 per employee on
largest shift 75% of spaces required for on-site
accessory uses
Tourist home 2 spaces + 1 per sleeping room

Extractive
All uses 1 per employee on largest shift
Industry
Building, heating, plumbing, or electrical contractors See Table 6-100(D)(2)
Electric motor repair 1 per every 400 sf
Fuel oil / Bottled gas distributor 1 per employee on largest shift
General industrial service See Table 6-100(D)(2)
Heavy equipment sales, rental, or repair See Table 6-100(D)(2)

Industrial
Services
Laundry, dry cleaning, and carpet cleaning facilities 1 per every 500 sf
Machine shop
1 per every 400 sf
Repair of scientific or professional instruments
Greater of: 1 per 500 sf or 1 per every 3 employees on

Research and development
largest shift
Tool repair 1 per every 400 sf
Manufacturing, heavy See Table 6-100(D)(2)

Manufacturing
and Production
Manufacturing, light See Table 6-100(D)(2)
Self-Service
All uses 1 per 100 units + amount required for accessory uses
Storage
Warehouse and
Freight Cold storage plant See Table 6-100(D)(2)
Movement
Parcel services 1 per employee on largest shift
Truck or freight terminal See Table 6-100(D)(2)
Warehouse (distribution)
Warehouse (storage)

Outdoor Storage (as a principal use)
Energy recovery plant See Section 6-100(D)(4)
Hazardous waste collection sites 1 per employee on largest shift
Incinerator
See Section 6-100(D)(4)
Landfill
Land-spreading of wastes None

Waste-Related
Services
Recycling drop-off center See Section 6-100(D)(4)
Recycling and salvage center 1 per employee on largest shift
1 per 10,000 sf of outdoor area + 1 per employee on

Salvage and junkyard
largest shift
Tire disposal or recycling

1 per employee on largest shift
Waste composting
Wholesale sales All uses See Table 6-100(D)(2)
(3) Off-Street Parking Standards for Selected Service and

Industrial Uses
Uses subject to the alternative off-street parking standards shall
provide the minimum number of spaces identified in Table 6-
100(D)(2), Off-Street Parking Standards for Selected Industrial and
Related Uses:
TABLE 6-100 (D)(2): OFF-STREET PARKING STANDARDS FOR SELECTED

“SF” = SQUARE FEET

USE OR ACTIVITY REQUIRED NUMBER OF SPACES
Office or administrative area 1 per every 300 sf
Indoor sales area 1 per every 200 sf
Indoor storage/warehousing/assembly/vehicular
service/manufacturing area:
1 per every 250 sf
1-3,000 square feet
1 per every 500 sf
3,001-5,000 square feet
1 per every 750 sf
5,001-10,000 square feet
1 per every 1,250 sf
10,001 + square feet
Outdoor sales/display/storage area (3,000 square feet or less) 1 per every 750 sf
Outdoor sales/display/storage area (more than 3,000 square feet) 1 per every 1,000 sf
NOTE: The total number of required spaces is cumulative based on the variety of different functions present in
a single use.
(4) Uses with Variable Parking Demand Characteristics

Uses that reference this subsection in Table 6-100(D)(1), Minimum
Off-Street Parking Standards, have widely varying parking and
loading demand characteristics, making it difficult to establish a
single off-street parking or loading standard. Upon receiving a
development application for a use subject to this subsection, the
Development Services Director shall apply the off-street parking and
loading standard specified for the listed use that is deemed most
similar to the proposed use or establish minimum off-street parking
standards on the basis of a parking and loading study prepared by
the applicant. Such a study shall include estimates of parking
demand based on recommendations of the Institute of Traffic
Engineers (ITE), or other acceptable estimates as approved by the
Development Services Director, and should include other reliable
data collected from uses or combinations of uses that are the same
as or comparable with the proposed use. Comparability will be
determined by density, scale, bulk, area, type of activity, and
location. The study shall document the source of data used to
develop the recommendations.
(5) Mixed Uses

Unless otherwise approved, lots containing more than one (1) use
shall provide parking spaces in an amount equal to the total of the
standards for all individual uses. This provision shall not limit the
ability to submit an Alternative Parking Plan (see Section 6-100(J))
to reduce the minimum number of required off-street parking spaces
in recognition of different operating hours or peak business periods.
(6) Maximum Number of Spaces Permitted

(a) Provision Limited to 125% of Minimum
For any use categorized as a Commercial or Industrial and
Related use in Table 6-100(D)(1), Minimum Off-Street
Parking Standards, off-street vehicle parking spaces shall not
be provided in an amount that is more than one hundred
twenty-five percent (125%) of the minimum standards
established in Table 6-100(D)(1), Minimum Off-Street Parking
Standards, except that additional pervious parking spaces
may be approved in accordance with Section 6-100(J)(8),
Alternative Materials.
(b) Additional Requirements

Any off-street parking spaces provided in excess of the
minimum number of off-street parking spaces required in
Table 6-100(D)(1), Minimum Off-Street Parking Standards,
shall comply with the standards of Section 6-100(J)(1),
Provision Over the Maximum Allowed.
(7) Compact Spaces

Up to twenty-five percent (25%) of the minimum number of required
off-street parking spaces identified in Table 6-100(D)(1), Minimum
Off-Street Parking Standards, may be provided as compact car
spaces, provided the following standards are met:
(a) Minimum Dimensions

Each compact car parking space shall have minimum
dimensions of eight (8) feet in width and sixteen (16) feet in
length, with a total area of at least one hundred twenty-eight
(128) square feet;
(b) Location
Compact car parking spaces shall be located no closer to the
primary building entrance than any standard parking spaces;
and
(c) Designated
All compact car spaces shall be designated by signage
and/or pavement marking.
(8) Reductions in Old Town

Development in Old Town shall only be required to provide eighty
percent (80%) of the minimum number of required off-street parking
spaces as identified in Table 6-100(D)(1), Minimum Off-Street
Parking Standards. In no case shall development on these lands
exceed the maximum number of allowable spaces permitted in
accordance with Section 6-100(D)(6), Maximum Number of Spaces
Permitted, except in accordance with an Alternative Parking Plan

approved pursuant to Section 6-100(J).
(9) Placement
The location or placement of off-street parking
areas on a development site shall be limited in
accordance with the placement standards of
Section 6-800(B), Residential Design Standards,
Section 6-800(C), Commercial and Institutional
Design Standards, Section 6-800(D), Large Retail
Design Standards, and Section 6-800(E), Infill
Design and Development Standards.
(10) Minimum Separation

Except in Old Town, all parking areas shall be
separated at least ten (10) feet from buildings in
order to allow room for sidewalks, landscaping, and
other plantings between the building and the
parking area. This separation may be eliminated in
the rear of buildings in areas designed for
unloading and loading of materials.
FIGURE 6-100(D): MINIMUM SEPARATION
(11) Cross Access Required

(a) General
All development except single-family attached,
single-family detached, two- to four-family,
townhouse, and multiple family development with
less than four (4) dwelling units shall be designed
to allow for cross-access to adjacent compatible sites in
accordance with the following standards:
1. Limited to Two Parcels

Cross-access ways shall be designed and located based on the
standards of this section, but in no case shall a development be
required to provide cross-access to more than two (2) adjacent
parcels;
2. Future Stubs Required

A stub for future cross access shall be provided to all adjacent
vacant land zoned SF-8, MUC, MF-8, or MF-15, or designated
with a Business or Planned Development zone district
classification;
3. Proper Placement
To the maximum extent practicable, a minimum distance of one
hundred (100) feet shall be required between a cross-access way
and an intersection or driveway entrance; and
4. Minimum Width
Cross-access ways shall allow for two-way traffic between
parcels through the use of a single drive aisle with a minimum
width of twenty-two (22) feet, or through two (2) one-way aisles
each with a minimum width of eleven (11) feet.
(b) Waiver
The cross-access standard shall be waived by the
Development Services Director if the applicant demonstrates
it is impractical to provide cross-access due to:
1. Topography, or natural features;
2. The size and configuration of the site;
3. Vehicular safety factors;
4. The presence of incompatible uses; or
5. Existing development patterns on adjacent developed sites that

make cross access impossible.
When cross-access is waived in accordance with this section,

bicycle and pedestrian connections shall be provided
between adjacent developments or uses, to the
(c) Recording Required

Where provided, a cross-access easement shall
be recorded by the owner/developer prior to
issuance of a Certificate of Conformity (see
Section 2-300(P)).
(12)Single Family Residential

Development
Off-street parking serving single-family detached
or attached, two- to four-family dwellings, and
townhouses located within front yard and/or
corner side yard areas shall comply with the
FIGURE 6-100(E): SINGLE FAMILY PARKING

AREAS
(a) Parking in Vehicular Use Area Required

Vehicles, whether parked or stored, shall be
Subsection 6-100(E): Computation of Required Off-street Parking Spaces
located in a vehicular use area. For the purposes of this

subsection, “vehicles” shall include, but not be limited to
passenger vehicles, all trucks under twenty thousand
(20,000) pounds of gross vehicle weight, vans, golf carts, or
other similar vehicle, whether operable or otherwise.
(b) Maximum Area Available for Vehicular Use

Vehicular use areas located within the first sixty (60) feet of
the front or corner side yard (as measured from the edge of
the street right-of-way) shall be limited to the lesser of thirty-
three percent (33%) of the entire front and/or corner side yard
area, or seven hundred fifty (750) square feet. Nothing in this
subsection shall be construed to limit the size of the vehicular
use area located beyond the first sixty (60) feet of a front or
corner side yard area.
(c) Surfacing
Vehicular use areas shall be surfaced in accordance with the
standards in Section 6-100(C)(3), Surfacing, within sixty (60)
feet of the edge of all adjacent rights-of-way, except that
gravel or crushed stone may be used if it is demonstrated
that the gravel is at least two (2) inches deep throughout the
vehicular use area, and the vehicular use area has a visibly
discernible and definable edge composed of landscape
timbers, metal edging, vegetation such as low shrubs or
decorative grasses, or similar technique to distinguish the
vehicular use area from the front or corner side yard area.
(d) Maximum Number of Vehicles

The maximum number of vehicles allowed in a vehicular use
area located within sixty (60) feet of the edge of the right-of-
way shall be three (3) (nothing in this subsection shall limit
the number of vehicles parked or stored in a vehicular use
area located more than sixty (60) feet from the edge of a
right-of-way) over any twenty-four (24) hour period.
6-100(E) Computation of Required Off-street Parking Spaces

(1) Fractions
When measurements of the number of required parking spaces
result in fractions, the space standard shall be rounded upward to
the next highest whole number.
(2) Different Use Areas

Except as provided for in this section, parking shall be calculated
separately for each different use area in a building or on a site,
including all accessory uses.
Subsection 6-100(E): Computation of Required Off-street Parking Spaces
(3) Combinations of Uses

If the Development Services Director determines that a proposed
use represents a combination of uses listed in Table 6-100(D)(1),
Minimum Off-Street Parking Standards, the minimum and maximum
parking space standards shall be those that would apply if the two
(2) (or more) uses were developed separately, unless the
Development Services Director determines that a lower standard
would be adequate because of differences in peak operating hours.
(4) On-Street Parking

Except in Old Town, or as part of an Alternative Parking Plan (see
Section 6-100(J)), on-street parking on public or private streets,
driveways, or drives, shall not be used to satisfy the off-street
parking standards of this section.
(5) Parking Based on Seating

When the standards use seating as a unit of measurement, all
calculations shall be based on the design capacity of the areas used
for seating.
(6) Parking Based on Floor Area

Except as provided for in this section, when the standards use
amount of square footage in buildings as a unit of measurement, all
calculations shall be based on gross floor area.
(7) Parking Based on Students, Staff, and Occupants

Except as provided for in this section, when the standards use
number of students, staff, or occupants as a unit of measurement,
all calculations shall be based on the maximum enrollment (for
students), the largest number of persons working on any single shift
(staff), or the maximum fire-rated capacity (occupants), whichever is
applicable and results in the greater number of required spaces.
(8) Driveways Used to Satisfy Requirements

For single-family attached and detached dwellings, two- to four-
family dwellings, and townhouse dwellings, driveways may be used
to satisfy minimum off-street parking standards, provided sufficient
space is available to satisfy the standards.
(9) Determination by Development Services Director

Parking standards for uses not specifically listed in Table 6-
100(D)(1), Minimum Off-Street Parking Standards, shall be
determined by the Development Services Director based on the
standards for the closest comparable use or by reference to
standard parking resources published by the National Parking
Association or the American Planning Association. The
Development Services Director may alternately require the submittal
Subsection 6-100(F): Stacking Spaces for Drive-through and Related Uses
of a parking demand study that justifies estimates of parking

demand based on the recommendations of the Institute of Traffic
Engineers (ITE), and includes relevant data collected from uses or
combinations of uses that are the same or comparable to the
proposed use in terms of density, scale, bulk, area, type of activity,
and location.
6-100(F) Stacking Spaces for Drive-through and Related Uses

(1) General
In addition to meeting the off-street parking standards in Table 6-
100(D)(1), Minimum Off-Street Parking Standards, uses with drive-
through facilities or similar auto-orientation shall comply with the
minimum stacking space standards in Table 6-100(F)(1), Required
Stacking/Standing Spaces:
TABLE 6-100(F)(1): REQUIRED STACKING/STANDING SPACES

TYPE OF USE MINIMUM STACKING SPACES MEASURED FROM
Automated Teller Machine (stand-
3 Teller machine
alone)
Automobile Repair and Service (all
3 per bay Bay entrance
types)
Automobile Service Station (gas
30 feet from each end of outermost island
pump island)
Financial Institution, teller lane 5 per lane Teller window
Convenience Store (with gas sales) 30 feet from each end of outermost island
Car Wash, automatic 6 Bay entrance
Car Wash, self-service 5 per bay Bay entrance
Car Wash, full service 10 Bay entrance
Day Care (adult and child) [1] 6 Building entrance
Nursing Home 3 Building entrance
Restaurant, with drive through [2] 8 Order box
Retail Sales/Personal Services (dry
5 per lane Agent window
cleaning, laundry, pharmacy, etc.)
Standards for uses not specifically listed may be determined by the
Development Services Director based upon the standards for
Unlisted
comparable uses and upon the particular characteristics of the use.
Alternately, the applicant may submit a parking demand study.
NOTES:
[1] All stacking lanes for care centers shall be located at least ten (10) feet from the principal building with either
an on-site turnaround or separate points for ingress and egress.
[2] Restaurants with drive through components shall provide for a minimum four (4) -vehicle queue between the
order box and the pick-up window.
(2) Stacking Lanes for Parking Lot Entrances

Stacking lanes between the edge of the street right-of-way and the
Primary Drive Aisle shall be required for non-residential uses in
accordance with the standards in Table 6-100(F)(2), Stacking Lanes
for Parking Lots below:
Subsection 6-100(F): Stacking Spaces for Drive-through and Related Uses
TABLE 6-100(F)(2): STACKING LANES FOR PARKING LOTS

NUMBER OF OFF-STREET MINIMUM STACKING LANE DISTANCE
PARKING SPACES [1] (IN LINEAR FEET) [2]
1-49 25
50-249 50
250-449 100
100 + 15 for every additional
500 or more
50 spaces beyond 500
NOTES:
[1] Entrances into parking structures may be credited towards the stacking lane space requirement
provided the parking structure entrance occurs from the driveway and not the primary drive
aisle.
[2] Stacking lane distance is measured from the edge of the driveway apron adjacent to the street
right-of-way to the midpoint of the intersection of the stacking lane and the primary drive aisle.
[3] In cases where the driveway has a median separating ingress and egress, accessways
providing egress from the parking areas to the driveway are not required to maintain the
stacking lane distance.
Subsection 6-100(G): Accessible Parking Spaces for Disabled Persons
FIGURE 6-100(F): STACKING LANE FOR PARKING LOTS
6-100(G) Accessible Parking Spaces for Disabled Persons

A portion of the total number of required off-street parking spaces in each
off-street parking area shall be specifically designated, located, and
reserved for use by persons with physical disabilities.
(1) Residential Uses

For residential uses, the number of accessible parking spaces for
the physically disabled shall be provided at the rate of one (1) space
for each dwelling unit that is designated for occupancy by the
physically disabled.
(2) Non-residential Uses

For non-residential uses, the number of accessible parking spaces
for the physically disabled shall be provided in accordance with
Table 6-100(G)(1), Accessible Parking Spaces for the Disabled:
Subsection 6-100(H): Dimensional Standards for Parking Spaces and Aisles
TABLE 6-100(G)(1): ACCESSIBLE PARKING SPACES FOR THE

DISABLED
TOTAL NUMBER OF REQUIRED
NUMBER OF REQUIRED HANDICAPPED SPACES
PARKING SPACES
1-25 1
26-50 2
51-75 3
76-100 4
101-150 5
151-200 6
201-300 7
301-400 8
401-500 9
501-1,000 2 percent of total spaces
20 spaces, plus one space for each 100 over 1,000
Above 1,000
spaces or fraction thereof

Each parking space for the disabled shall be twelve (12) feet
wide and shall have the same depth as the adjacent parking
spaces.
6-100(H) Dimensional Standards for Parking Spaces and Aisles

(1) General
The minimum dimensions for standard car parking spaces and
parking lot aisles shall comply with Table 6-100(H)(1), Dimensional
Standards for Parking Spaces and Aisles:
TABLE 6-100(H)(1): DIMENSIONAL STANDARDS FOR PARKING SPACES AND

AISLES
AISLE WIDTH FOR
PARKING ANGLE STALL WIDTH (FT) STALL DEPTH (FT) TWO-WAY TRAFFIC [1]
(FT)
Parallel 8 22 22
45 degrees 8.5 18 22
60 degrees 8.5 18 24
90 degrees 9 19 22
Compact 8 16 22
[1] Aisle widths are provided for two-way traffic. In cases where traffic is proposed for one-way travel, then the
width of the aisle may be reduced by one-half.
Subsection 6-100(H): Dimensional Standards for Parking Spaces and Aisles
(2) Dimensional Adjustments

Parking structures may be subject to dimensional adjustments
based on utilization, but in no case shall the standard space width
be less than eight (8) feet. Reduction in design standards shall be
subject to approval by the Development Services Director.
(3) Medians in Driveway Entrances

Medians may be provided within driveway entrances provided the
minimum aisle width is maintained for each travel and turning lane.
(4) Primary Drive Aisles

Primary drive aisles within off-street surface parking lots of five
hundred (500) or more spaces shall be designed to appear as an
extension of the public street network extending from the public
right-of-way along the full length of the primary facades of structures
being served by the drive, and shall meet the following standards
(see Figure 6-100(H), Primary Drive Aisles):
(a) Primary drive aisles shall have a maximum cross section of thirty-eight
(38) feet to serve two (2) travel lanes and accommodate parallel parking
spaces along both sides of the drive aisle in areas not needed for turning
movements;
(b) Primary drive aisles shall be striped to designate parallel parking spaces,
where appropriate, but in no case shall parallel parking spaces be
designated within sixty (60) feet of the primary building entrance(s);
(c) Sidewalks meeting or exceeding the construction standards of Appendix

7-A shall be provided adjacent to the building’s front facade; and
(d) Street trees shall be provided along both sides of the primary drive aisle
in accordance with Section 6-800(A)(2)(g), Street Trees, although
understory trees may be used adjacent to the building façade within forty
(40) feet of building entrances.
Subsection 6-100(I): Pedestrian and Bicycle Facilities
FIGURE 6-100(H): PRIMARY DRIVE AISLES
6-100(I) Pedestrian and Bicycle Facilities
(1) Pedestrian Pathways

Except for development in Old Town, fully separated pedestrian
pathways shall be provided in surface parking lots with five hundred
(500) or more spaces. In addition, pedestrian pathways shall:
(a) Located in Planting Strips

Be located within planted
landscaping strips located a
minimum of every one hundred-
thirty (130) feet, or every four (4)
parking rows; as depicted in Figure
6-100(I), Pedestrian Pathways;
Figure 6-100(I): Pedestrian

Pathways
(b) Paving Required
Subsection 6-100(J): Alternative Parking Plan
Be paved with asphalt, cement, or other comparable material;
(c) Contrasting Color When Cross Drive Aisles

Be of contrasting color or materials when crossing drive
aisles;
(d) Minimum Width

Be at least three (3) feet in width when located within planting
strips, and ten (10) feet in width when crossing drive aisles;
(e) Termination
Terminate at drive aisle edges;
(f) Positive Drainage Required

Be positively drained; and
(g) Provide Safe and Efficient Access

Provide safe and efficient pedestrian access to the use they
serve.
(2) Bicycle Parking

All development with surface parking areas with fifty (50) or more
spaces shall provide bicycle parking facilities, which shall comply
(a) Location
Bicycle parking spaces shall be conveniently located, but in
no case shall such facilities be located farther than one
hundred (100) linear feet from the primary building entrance;
(b) Rate of Provision

Bicycle parking spaces shall be provided at the following
rates:
1. One (1) bicycle parking space per every ten (10) off-street parking
spaces within Old Town;
2. One (1) bicycle parking space per every twenty (20) off-street
parking space outside of Old Town; and
(c) Securing Device

Include a rack or other device to enable bicycles to be
secured.
6-100(J) Alternative Parking Plan

The Development Services Director shall be authorized to approve an
Alternative Parking Plan, which proposes alternatives to providing the
number of required off-street parking spaces required by Table 6-
100(D)(1), Minimum Off-Street Parking Standards, in accordance with the
standards listed below. Nothing in this subsection shall limit the utilization
of one (1) or more of the following off-street parking alternatives by a single
use.
(1) Provision Over the Maximum Allowed

Requests to provide more than the maximum number of off-street
parking spaces required by Section 6-100(D)(6), Maximum Number
of Spaces Permitted, shall comply with the following:
(a) Parking Demand Study

Requests for exceeding the maximum number of required off-
street parking spaces shall be accompanied by a Parking
Demand Study demonstrating how the maximum number of
parking spaces specified by Section 6-100(D)(6), Maximum
Number of Spaces Permitted, is insufficient for the proposed
development.
(b) Minimum Amount Required

Requests to exceed the maximum number of off-street
spaces allowed are limited to the minimum number of
additional spaces required as recommended in the required
Parking Demand Study.
(c) Surfaced with Alternative Materials

All off-street parking spaces provided in excess of the
maximum specified in Section 6-100(D)(6), Maximum
Number of Spaces Permitted, are surfaced with an alternative
paving material in accordance with Section 6-100(J)(8),
Alternative Paving Materials.
(d) Location
All off-street parking spaces provided in excess of the
maximum specified in Section 6-100(D)(6), Maximum
Number of Spaces Permitted, are located further from the
primary pedestrian entrance to the primary structure than
those parking spaces required by Table 6-100(D)(1),
Minimum Off-Street Parking Standards.
(2) Shared Parking

Requests for shared parking shall comply with all of the following
standards:
(a) Located Within 500 Linear Feet

Shared parking spaces shall be located within five hundred
(500) linear feet of the primary entrance of all uses served,
unless remote parking shuttle bus service is provided.
Shared parking spaces shall not be separated from the use
they serve by an arterial or collector road. In addition,
adequate and safe pedestrian access must be provided from

and to the shared parking areas.
(b) Same or More Intensive Use

A shared parking area shall be located on a site with the
same or more intensive zone district classification than
required for the primary uses served.
1. Those wishing to use shared parking as a means of satisfying the
off-street parking standards must submit a shared parking request
that justifies the feasibility of shared parking. Justification shall
include information on the size and type of the proposed
development, the composition of tenants, the anticipated rate of
parking turnover, and the anticipated peak parking and traffic loads
for all uses that will be sharing off-street parking spaces.
a. The maximum reduction in the number of parking spaces

required for all uses sharing the parking area shall be fifty
percent (50%).
b. Directional signage which complies with the standards of

this Ordinance shall be added to direct the public to the
shared parking spaces. It is preferable for the employees
of an establishment to utilize these spaces.
2. A shared parking plan shall be enforced through written agreement

among all owners of record. An attested copy of the agreement
between the owners of record must be recorded. Recordation of
the agreement shall take place prior to issuance of a Zoning Permit
(see Section 2-300(O)) for any use to be served by the shared
parking area. A shared parking agreement may be revoked only if
all required off-street parking spaces will be provided in accordance
with the requirements of Table 6-100(D)(1), Minimum Off-Street
Parking Standards.
(c) Less Intensive Use

A shared parking area may be located on a site with a less
intensive zone district classification than required for the
primary uses served, provided that:
1. The proposal receives a Special Exception Permit in accordance
with Section 2-300(D), Special Exception Permit;
2. Vehicular access to the shared parking area is limited to the use(s)

it serves; and
3. Portions of the shared parking area not directly adjacent to the use
it serves are surrounded by a solid six (6) foot fence meeting the
standards of Section 6-400, Fencing Standards.
(3) Off-Site Parking for Non-Residential Uses

All off-street parking areas for any non-residential use shall be
provided on the same parcel of land as the use it serves; provided,
however, that where there are practical difficulties in the location of

the parking area or if the public safety or public convenience, or
both, is better served by its location on another parcel of land. Off-
site parking for non-residential uses shall comply with the following
standards:
(a) Same Ownership

The parking area is located on land under the same
ownership or the use it serves.
(b) Pedestrian Way Required

A pedestrian way, not more than six hundred (600) feet in
length, is established from the parking area to the use to be
served.
(c) No Undue Hazard

The parking area is convenient to use without causing
unreasonable:
1. Hazard to pedestrians;
2. Hazard to vehicular traffic;
3. Traffic congestion;
4. Interference with commercial activity or convenient access to other

parking areas in the vicinity;
5. Detriment to the appropriate use of business lands in the vicinity; or
6. Detriment to any abutting residential neighborhood.
(4) Deferred Parking

An applicant may submit a request to defer the construction of up to
twenty percent (20%) of the required number of parking spaces
specified in Table 6-100(D)(1), Minimum Off-Street Parking
Standards, if the request complies with the following standards:
(a) Fewer Spaces Needed

It is demonstrated that because of the location, nature, or mix
of uses, there is a reasonable probability the number of
parking spaces actually needed to serve the development is
less than the minimum required by Table 6-100(D)(1),
Minimum Off-Street Parking Standards.
(b) Reserve Parking Plan
The request is accompanied by a Reserve Parking Plan
identifying: (a) the amount of off-street parking being
deferred, and (b) the location of the area to be reserved for
future parking, if future parking is needed.
(c) Parking Demand Study

Assurance is guaranteed that within sixteen (16) months after
the initial Certificate of Conformity (see Section 2-300(P)) is
issued for the proposed development, the applicant will
submit a Parking Demand Study to the Development
Services Director that demonstrates the parking demand for
the development, and the adequacy of existing parking
spaces. If the study indicates that the existing parking is
adequate, then the construction of the remaining number of
parking spaces shall not be required. If the study indicates
additional parking is required, it shall be provided consistent
with the Reserve Parking Plan and the standards of this
section.
(d) Limitations on Reserve Areas

Areas reserved for future parking shall be brought to the
finished grade and shall not be used for buildings, storage,
loading, or other purposes.
(e) Landscaping Required

If ultimately developed for off-street parking purposes, areas
reserved for future parking shall be landscaped with an
appropriate ground cover, and shall comply with all relevant
landscaping standards of this Ordinance.
(5) Parking Structures

The off-street parking required by this section may be located in a
parking structure, whether on the same or on a different lot than the
uses which it serves. Ground floor parking provided in a parking
structure shall be screened, insofar as practicable, from surrounding
uses and from public view as required by Section 6-300(E),
Vehicular Use Area Landscaping. In addition, for uses located on
the same lot as the structure, the conditions required for shared
parking shall apply. For uses located on a different lot as the
structure, the conditions required for off-site parking shall apply.
(6) Valet and Tandem Parking

An off-street parking program utilizing limited tandem parking for
Commercial and Industrial and Related uses shall comply with the
(a) The development served shall provide seventy-five (75) or more parking
spaces;
(b) No more than thirty percent (30%) of the total number of spaces shall be
designated as tandem; and
(c) A valet parking attendant must be on duty during hours of operation.
Subsection 6-100(K): Loading Space Standards
(7) On Street Parking

The use of on-street parking to meet a portion of the minimum off-
street parking requirements shall comply with the following:
(a) Adequate on-street or structured parking exists within five hundred (500)
linear feet from the primary entrance of the proposed use;
(b) The proposed development includes mixed uses, or is located in an area

where residential and non-residential uses are within five hundred (500)
feet from one another;
(c) No more than twenty-five percent (25%) of the off-street parking space
requirement is met through the use of on-street parking; and
(d) There is no negative impact to existing or planned traffic circulation

patterns.
(8) Alternative Materials

The use of pervious or semi-pervious parking area surfacing
materials, including but not limited to grass, mulch, “grass-crete”, or
recycled materials such as glass, rubber, used asphalt, brick, block
and concrete may be approved for up to twenty-five percent (25%)
of the required vehicular surface area on a site provided that such
areas are properly maintained. Where possible, such materials
should be used in areas proximate to and in combination with on-
site stormwater control devices.
6-100(K) Loading Space Standards

(1) Number of Required Off-street Loading Berths
The minimum number of loading spaces or berths shall be provided
on-site for all developments specified in Table 6-100(K), Required
Off-Street Loading Berths, depending on the use or its gross floor
area. The developer shall determine if the use requires a greater
number of spaces than those required by this section.
TABLE 6-100(K): REQUIRED OFF-STREET LOADING BERTHS
“GSF” GROSS SQUARE FEET
GROSS FLOOR AREA

LAND USE MINIMUM NUMBER OF BERTHS
(IN SQUARE FEET)
Multiple family uses with more than 50 1 per each 200 units or fraction
N/A
units thereof
Offices and personal service
6,000 + 1
establishments
Space used by, designed for, or adaptable 3,000-14,999 1
to retail use
15,000-49,999 2
TABLE 6-100(K): REQUIRED OFF-STREET LOADING BERTHS
“GSF” GROSS SQUARE FEET
GROSS FLOOR AREA

LAND USE MINIMUM NUMBER OF BERTHS
(IN SQUARE FEET)
50,000-99,999 3
4 +1 for each 100,000 above
100,000 +
100,000 gsf of area
Up to 15,000 1
Wholesale and manufacturing uses 15,000-49,999 2

3 + 1 per each 50,000 above
50,000 +
50,000 gsf of area
Less than 40,000 1
40,000 to 100,000 2
100,000-160,000 3
All other commercial and industrial uses 160,000-240,000 4

240,000-320,000 5
320,000-400,000 6
1 per each 90,000 above
Above 400,000
400,000 gsf of area
(2) Standards
1. Each loading berth or space required by this subsection shall be at
least ten (10) feet wide by fifty (50) feet long (or deep), with at least
fifteen (15) feet of overhead clearance. Each off-street loading
space shall have adequate, unobstructed means for the ingress
and egress of vehicles.
2. Uses with between two thousand (2,000) and five thousand (5,000)
square feet of floor area which are required to provide an off-street
loading space may provide a space which is ten (10) feet wide by
thirty (30) feet long (deep), with at least fifteen (15) feet of overhead
clearance.
(b) Location
Where possible, loading areas shall be located to the rear of
the use they serve. In addition, the loading area shall be
located adjacent to the buildings loading doors, in an area
that promotes their practical use.
(c) Delineation of Loading Spaces

All loading spaces shall be delineated by signage and striping
and labeling of the pavement.
(d) Access to a Street
Every loading area shall be provided with safe and

convenient access to a street, but in no case shall the loading
space extend into the required aisle of the parking lot.
(e) Paving
The ground surface of loading areas shall be paved with a
durable, dust free and hard material, such as surface and
seal treatment, bituminous hot mix or Portland cement,
concrete, or some comparable material. Such paving shall be
maintained for safe and convenient use at all times.
(f) Landscaping
Loading areas shall be landscaped in accordance with
Section 6-300(E), Vehicular Use Area Landscaping.
(g) Exterior Lighting

Exterior lighting for loading areas shall comply with the
standards in Section 6-700, Exterior Lighting Standards.
Section 6-200: Tree and Vegetation Protection
6-200 TREE AND VEGETATION PROTECTION

Protection of existing tree and vegetation cover is intended to:
(1) Preserve Aesthetic Quality

Preserve the visual and aesthetic qualities of the City;
(2) Preserve the Natural Environment

Encourage site design techniques that preserve the natural
environment and enhance the developed environment;
(3) Control Erosion

Increase slope stability, and control erosion, slippage, and sediment
run-off into streams and waterways;
(4) Protect Wildlife Habitat

Protect wildlife habitat and migration corridors; and
(5) Conserve Energy

Conserve energy by reducing heating and cooling costs.
(1) General Applicability of Tree and Vegetation Protection
Standards
The standards of this section apply to all development in the City,
unless it is exempted in accordance with Section 6-200(B)(3), Tree
and Vegetation Protection Exemptions.
(2) Permit Required

(a) General
No removal of existing vegetation on a parcel of land or
development site shall occur prior to issuance of a Zoning
Permit (see Section 2-300(O)) or Land Development Permit
(Section 2-300(L)), whichever is appropriate.
(b) Responsibility for Compliance

Review for compliance with the standards of this section shall
occur at the time of application for a Site Plan (Section 2-
300(H)), Minor Subdivision (Section 2-300(I)(4)), Preliminary
Plat for Subdivision (Section 2-300(I)(5)(b)), Planned
Development (Section 2-300(B)), or Land Development
Permit (Section 2-300(L)), whichever is appropriate.
Subsection 6-200(B): Applicability
(3) Tree and Vegetation Protection Exemptions

The following development activities and types of vegetation are
exempt from the standards of this section:
(a) Development in Old Town

Development in Old Town is exempt from Section 6-
200(C)(2), Tree Canopy Retention Standards, but shall
comply with Section 6-200(D), Protection of Heritage Trees.
(b) Removal of Dead Vegetation

The removal of dead or naturally fallen trees or vegetation.
(c) Maintaining Clear Visibility

The selective and limited removal of trees or vegetation
necessary to obtain clear visibility at driveways or
intersections, or for the purpose of performing authorized field
survey work.
(d) Removal on Developed Lands

The severe pruning or removal of vegetation on a parcel of
land containing a use that has received a Certificate of
Occupancy, or on lots within a single-family residential
subdivision platted prior to March 1, 2006, provided such
vegetation is not a Heritage Tree (see Section 6-200(D)(2)),
or located inside a required landscaping area.
(e) Land Zoned for Single-Family Detached Dwellings

The severe pruning or removal of vegetation within an area
up to one (1) acre in size on a vacant parcel of land with a
zone district designation that allows single-family detached
uses as permitted uses (RH, SF-2, SF-3, SF-4, SF-5, and
SF-8), provided the vegetation to be removed does not
include a Heritage Tree (Section 6-200(D)).
(f) Utility Companies

The actions of public and private utility companies within their
utility easements.
(g) Silviculture
Any legally established silviculture use conducted in
accordance with South Carolina Forestry Commission
requirements.
(h) Exempted Trees

The following trees shall be exempt from the requirements in
Section 6-200(D), Protection of Heritage Trees, but shall
comply with the standards in Section 6-200(C)(2), Tree
Canopy Retention Standards.
Subsection 6-200(C): Retention of Existing Tree Canopy
1. Yellow Pine;
2. White Pine;
3. Eastern Red Cedar;
4. Boxelder;
5. Sweetgum;
6. Bradford Pear;
7. Honey Locust;
8. Black Locust;
9. Mulberry;
10. Black Cherry;
11. Cottonwood; and
12. American Elm.
6-200(C) Retention of Existing Tree Canopy

(1) Tree Inventory
Prior to beginning any tree clearing, development work, or land
disturbance, the owner of land subject to this section shall prepare
and submit an inventory of trees on the parcel, subject to the
following requirements:
(a) General
The inventory shall be prepared at the same scale as a Site
Plan or Preliminary Plat for Subdivision, and shall identify any
canopy tree ten (10) inches or larger in diameter at breast
height (DBH), and any understory tree with a caliper
measurement of four (4) inches or more. The survey should
depict any individual trees and areas of existing tree canopy
that are to be saved in accordance with this section. Known
dead or diseased trees shall be identified, where practical.
Groups of trees in close proximity (i.e., those within five (5)
feet of each other) may be designated as a clump of trees,
with the predominant species, estimated number, and
average diameter or circumference indicated.
(b) Professionally Prepared

All tree surveys for lots larger than one (1) acre in size shall
be prepared by a licensed landscape architect, surveyor,
arborist, registered forester, or engineer registered in the
state and shall have an accuracy of plus or minus three (3)

feet.
(c) Use of Aerial Photo for Developments Larger Than Ten Acres
For a parcel or site that is greater than ten (10) acres, an
aerial photograph, or a print of equal quality, may be
substituted instead of the inventory if it provides essentially
the same information as the tree survey.
(2) Tree Canopy Retention Standards

(a) In no case shall less than the percentage of the existing tree canopy
indicated in Table 6-200(C), Tree Canopy Retention Standards, be
retained on a parcel of land during any tree clearing or development
process on land subject to this section:
TABLE 6-200(C): TREE CANOPY RETENTION STANDARDS
MINIMUM REQUIRED TREE CANOPY RETENTION

EXISTING TREE CANOPY BY PROPOSED USE CLASSIFICATION
COVER (AS A PERCENT (AS A PERCENT OF THE TOTAL TREE CANOPY COVER)
OF THE TOTAL TREE
PUBLIC AND INSTITUTIONAL,
CANOPY COVER) RESIDENTIAL INDUSTRIAL &
COMMERCIAL, AND
USES RELATED USES
MIXED USES
80% - 100% 30% 15% 12%
60% - 79% 36% 18% 13%
40% - 59% 45% 22% 14%
20% - 39% 48% 24% 15%
19% or less 54% 26% 16%
Illustrative example: The tree survey required in Section 6-200(C)(1) reveals that the existing tree canopy
on a hypothetical 100,000 square foot lot covers 75% of the lot. The site is proposed for use as a
residential subdivision. The minimum required tree canopy retention for this hypothetical site is 27% of
the site’s total area (.75 x .36 = 27%), yielding a Tree Protection Zone of 27,000 square feet.
FIGURE 6-200(C): TREE CANOPY

RETENTION
(b) Existing
Tree Canopy Defined
For the purposes of this section, the “existing tree canopy”
shall be composed of significant vegetation. For the
purposes of this section, “significant vegetation” shall be
composed of the crowns of all healthy self-supporting canopy
trees with a diameter of ten (10) inches or greater and
understory trees with a caliper size of four (4) inches or
greater.
(c) Priority Retention Areas

Priority areas for retention of existing trees and vegetation
shall include the following (listed in priority order):
1. Areas containing Heritage Trees, and their associated critical root
zones;
2. Areas needed for required landscaping (i.e., perimeter buffers,

perimeter landscape strips around vehicular use areas, and
streetscape landscaping);
3. Riparian buffers, wetlands, or wellhead protection areas; and
4. Wildlife habitat and other sensitive natural areas.
Streets, buildings, and lot layouts shall be designed to

minimize disturbance to all trees ten (10) inches DBH or
larger.
(d) Tree Protection Zone

1. For purposes of this section, the area containing the canopy and
critical root zones of trees composing the existing tree canopy to be
retained shall be known as the “Tree Protection Zone.”
2. Prior to the approval of a Zoning Permit (see Section 2-300(O)), all

Tree Protection Zones shall be identified for protection in a form
acceptable to the City Attorney, and shall be areas where the
existing tree canopy will be maintained, and where buildings and
structures can not be located. The Tree Protection Zone shall be
depicted on the Preliminary Plat for Subdivision (see Section 2-
300(I)(5)(b)), Site Plan (see Section 2-300(H)), or PD Master Plan
(see Section 2-300(B)), whichever is appropriate. The Tree
Protection Zone shall also be depicted on the Final Plat for
Subdivision (See Section 2-300(I)(5)(f)) if it is required prior to
development.
(e) Credit Towards Open Space and Landscaping Requirements

1. Tree Protection Zones shall be credited towards the open space
set-aside standards in Section 6-600, Open Space Standards.
2. Trees which are part of the Tree Canopy and located within thirty
(30) feet of the parcel boundary shall be credited towards the
planting requirements for perimeter buffers (see Section 6-300(F))
and site landscaping (Section 6-300(D)).
3. Trees which are part of the Tree Canopy and located within twenty
(20) feet of the edge of the right-of-way for an arterial or collector
street shall be credited towards the planting requirements for
streetscapes (see Section 6-300(G)).
(3) Replacement/Mitigation Standards

(a) Accidental Damage
When development of a site causes accidental damage or
disturbance to trees inside the Tree Protection Zone, the
disturbed area shall be re-vegetated to preexisting conditions
as follows:
1. Inch for Inch Replacement Required
Any tree that is damaged or removed from the Tree Protection
Zone shall be replaced with one (1) or more trees that have a
caliper of at least two (2) inches and a cumulative caliper equal to
or greater than the tree that is damaged or removed.
2. Replacement of Trees with 10 Inch DBH or Greater

Any tree with a ten (10) inch DBH or larger that is accidentally
damaged or removed from the Tree Protection Zone shall be
replaced by trees with a minimum three-and-one-half (3½) inch
caliper with a cumulative caliper measurement equal to or greater
than the tree that is damaged or removed.
3. Location of Replacement Trees

Replacement trees shall be either planted in the Tree Protection
Zone, or, in cases where adequate room is not available within
Subsection 6-200(D): Protection of Heritage Trees
the Tree Protection Zone, on the development site. In cases

when adequate room on the development site is not available,
mitigation may take the form of payment to the City’s designated
tree fund in accordance with Section 6-300(I), Alternative
Landscape Plan.
4. Establishment Period
Replacement trees shall be maintained through an establishment
period of at least three (3) years. The applicant shall guarantee
the survival and health of all replacement trees during the
establishment period and guarantee any associated replacement
costs in accordance with Section 6-300(J)(1)(c), Performance
Guarantees for Landscaping. If the replacement trees do not
survive the establishment period, the applicant shall purchase
and install new replacement trees.
(b) Damage/Removal in Violation

In cases where tree clearing, development work, land
disturbance as part of construction, or intentional damage to
trees occurs without a Land Development Permit (Section 2-
300(L)), or in clear violation of the standards of this section,
remedies shall be applied in accordance with Section 9-
600(E), Remedies for Tree Removal.
(c) Damage Following Construction

In cases where trees located within a Tree Protection Zone
die within twelve (12) months following the completion of
construction activities on a site or portion of a site, and the
death of the trees in the Tree Protection Zone can be linked
to the construction activities, then replacement shall be
required in accordance with Section 6-200(C)(3)(a),
Accidental Damage.
6-200(D) Protection of Heritage Trees

All development within the City shall be required to protect Heritage Trees
on a development site in accordance with the following standards:
(1) General Requirement

No Heritage Tree may be removed during development, except in
accordance with Section 6-200(D)(2), Removal of a Heritage Tree.
In addition, all Heritage Trees shall have the following protections,
whether located on public or private land:
(a) Cutting, Removal, or Harm Prohibited

Heritage Trees shall not be cut, removed, pushed over, killed,
or otherwise harmed; and
(b) Paving or Soil Compaction Prohibited
Subsection 6-200(D): Protection of Heritage Trees
The area within the dripline of any Heritage Tree shall not be
subject to paving or soil compaction greater than ten percent
(10%) of the total dripline square footage or within twelve (12)
feet of the tree trunk.
FIGURE 6-200(D): LIMITS OF PAVING OR COMPACTION
(2) Removal of a Heritage Tree

allow removal of Heritage Trees under the
following conditions:
(a) Removal of a Healthy Heritage Tree

Except on lots containing existing single-
family detached dwellings, a healthy Heritage
Tree or trees may only be removed if the
landowner demonstrates all of the following
standards are met:
1. The landowner is otherwise in compliance with
this section;
2. The Heritage Tree is not located within a Tree

Protection Zone;
3. The Heritage Tree prevents development of a lot platted prior to March 1,

2006 in a way that limits building area to less than otherwise
allowed, or hinders compliance with the standards in Article 5:
Density, Intensity, and Dimensional Standards, Article 6:
Development and Design Standards, and Article 7: Subdivision
Standards; and
4. Mitigation is provided in accordance with Section 6-200(D)(3),

Replacement/Mitigation of Heritage Trees.
(b) Removal of a Severely Diseased, High Risk, or Dying Tree

A Heritage Tree is certified by an arborist or other qualified
professional as severely diseased, high risk, or dying. A
severely diseased, high risk, or dying Heritage Tree shall be
exempt from Section 6-200(D)(3), Replacement/Mitigation of
Heritage Trees.
(c) Removal on Single Family Lots

A healthy Heritage Tree is located on a lot with an existing
single-family detached dwelling, and the landowner complies
with the mitigation standards in Section 6-200(D)(3)(b),
Replacement Trees on Single Family Lots.
Subsection 6-200(E): Tree Protection During Construction
(3) Replacement/Mitigation of Heritage Trees

Those causing the destruction or removal of a healthy Heritage Tree
shall be responsible for the following mitigation:
(a) Replacement Trees Required

Except on lots containing single-family detached dwellings,
each healthy Heritage Tree removed or destroyed shall be
replaced with three (3) replacement trees, measuring at least
six (6) inches in diameter by American Nurseryman
Standards, and shall be replanted within twelve (12) months
of the removal or destruction of the tree.
(b) Replacement Trees on Single-Family Lots

Each healthy Heritage Tree removed or destroyed on a lot
where a single-family detached dwelling is located shall be
replaced with new canopy trees meeting the minimum size at
time of planting requirements in Section 6-300(C)(2)(a)(1),
and provided at a rate that meets or exceeds eighteen (18)
aggregate caliper inches of replacement tree per Heritage
Tree removed or destroyed.
(c) Location of Replacement Trees

Replacement trees shall be either planted on the parcel of
land from which the Heritage Tree was removed if sufficient
space is available, or payment-in-lieu is made to the City’s
designated tree fund in accordance with Section 6-300(I),
Alternative Landscape Plan.
(d) Establishment Period

Replacement trees shall be maintained through an
establishment period of at least three (3) years. The
applicant shall guarantee the survival and health of all
replacement trees during the establishment period and
guarantee any associated replacement costs (see Section 6-
300(J)(1)(c), Performance Guarantees for Landscaping). If
the replacement trees do not survive the establishment
period, the applicant shall purchase and install new
replacement trees.
6-200(E) Tree Protection During Construction

(1) Owner’s Responsibility
During development, the owner or developer shall be responsible for
the erection of any and all barriers necessary to protect any existing
or installed vegetation from damage both during and after
construction.
(2) Tree Protection Fencing

(a) Where Required
Heritage Trees, trees in a Tree Protection Zone, and other
existing trees being used for credit towards landscaping
requirements in accordance with Section 6-200(F)(1)(b),
Credit Applied Towards Required Plantings, shall be fenced
with a sturdy and visible fence before grading begins.
Fencing shall extend as far as practical,; preferably at least
nine (9) inches in radius from the tree for each inch of
diameter (DBH), or to the dripline, whichever is greater. The
applicant and Development Services Director shall consider
existing site conditions in determining the exact location of
any tree protection fencing.
(b) Type of Fencing

All fencing required by this section shall be a minimum four
(4) feet high and of durable construction (i.e., chain link or
wooden post with 2x4 wire mesh). Chain link or wire fencing
utilized as tree protection fencing shall not be required to
vinyl coated. Passive forms of tree protection may be utilized
to delineate tree save areas that are remote from areas of
land disturbance. These must be surrounded by fencing,
continuous rope, or durable taping (minimum four (4) inches
wide).
(c) Signage
Signs shall be installed on the tree protection fence visible on
all sides of the fenced-in area at a rate of at least one (1) for
every one hundred fifty (150) linear feet. The size of each
sign must be a minimum of two (2) feet by two (2) feet and
shall contain the following language: “TREE PROTECTION
ZONE: KEEP OUT.”
(d) When Required

The tree protection fencing shall be clearly shown on the Site
Plan or Preliminary and Final Plat for Subdivision. No
construction, grading, equipment or material storage, or any
other activity shall be allowed within the fenced area.
Fencing shall be maintained until the final site inspection prior
to the Certificate of Occupancy or Certificate of Conformity is
scheduled. The fencing shall be removed prior to final site
inspection for the Certificate of Occupancy.
FIGURE 6-200(E):
TREE PROTECTION FENCING
(3) Encroachments into Critical Root Zones

Encroachments within the critical root zones of trees protected in
accordance with this subsection shall occur only when no other
alternative exists. If such an encroachment is anticipated, the
following preventive measures shall be employed:
(a) Clearing Activities

The removal of trees adjacent to tree save areas can cause
inadvertent damage to the protected trees. Prior to clearing
activities, trenches located along the limits of land
disturbance with a minimum width of one-and-one-half (1½)
inches, and a minimum depth sufficient to cut rather than tear
tree roots, shall be installed.
(b) Soil Compaction

Where compaction might occur due to traffic or materials
through the Tree Protection Zone or other protection areas
associated with Heritage Trees, or retained existing
vegetation, the area must first be mulched with a minimum
four (4) inch layer of wood chips. Equipment or materials
storage shall not be allowed within a Tree Protection Zone.
(c) Chemical Contamination

Trees located within a Tree Protection Zone shall be
protected from chemical contamination from liquids or other
materials, including but not limited to paint, chemical
solvents, gasoline, oil, diesel fuel, hydraulic fluid, concrete
spoils, or rinse water from vehicle cleaning, including rinsing
of concrete truck tanks and chutes.
Subsection 6-200(F): Tree Preservation Incentives
6-200(F) Tree Preservation Incentives

(1) Tree Preservation Credits
In order to encourage the preservation of existing trees on a site, a
tree preservation credit for the retention of existing, undisturbed, and
structurally sound healthy trees which are not Heritage Trees or part
of the tree canopy located inside a Tree Protection Zone shall be
granted in accordance with the following standards:
(a) Credit Amount

A credit of one-and-one-quarter (1.25) multiplied by the
aggregate caliper of trees that are not Heritage Trees or part
of the tree canopy located inside a Tree Protection Zone shall
be credited and applied towards the other on-site landscaping
standards when the existing trees saved comply with the
following minimum size standards:
1. Canopy Trees
Canopy trees, whether deciduous or evergreen, of five (5) inches
in caliper or greater, measured six (6) inches above ground level.
2. Understory/Ornamental Trees
Understory or ornamental trees, whether deciduous or evergreen,
of three (3) inches in caliper or greater, measured four (4) inches
above ground level.
(b) Credit Applied Towards Required Plantings

The tree preservation credit shall be applied to the aggregate
tree caliper inch standards for site landscaping (see Section
6-300(D)), perimeter buffers (see Section 6-300(F)),
streetscapes (see Section 6-300(G)), or vehicular use areas
(see Section 6-300(E)), in that order. The amount of credit
shall be subtracted equally from the deciduous and
evergreen tree planting standards; but in no case shall these
tree preservation credits substitute for more than seventy-five
percent (75%) of the required landscaping material within
associated with a vehicular use area.
(2) Reduction in the Minimum Number of Required Parking Spaces

Up to a five percent (5%) reduction in the number of off-street
parking spaces required on the site shall be allowed if the reduction
in the amount of required pavement will preserve the root zones of
existing healthy trees with a DBH of eight (8) inches or greater. The
amount of reduction can be determined only after taking into
consideration any unique site conditions and the impact of the
reduction on parking needs for the use, and must be agreed upon
by both the applicant and Development Services Director.
Alternative paving materials (see Section 6-100(J)(8), Alternative
Materials) may be required by the Development Services Director in
Subsection 6-200(G): Monitoring and Maintenance of Tree and Vegetation Protection
cases where required parking areas encroach upon critical root

zones.
6-200(G) Monitoring and Maintenance of Tree and Vegetation Protection

(1) Maintenance Responsibility
Owners of land shall be responsible for the preservation and
maintenance of all trees required to be saved and protected under
this section.
(2) Performance Guarantees

Prior to the issuance of a Zoning Permit (see Section 2-300(O)), the
owner/developer shall post a financial guarantee in accordance with
the provisions of Section 6-300(J)(1)(c), Performance Guarantees
for Landscaping, to ensure that improperly removed, damaged, or
destroyed trees are replaced should the owner/developer fail to
follow the standards of this section.
Section 6-300: Landscaping Standards
6-300 LANDSCAPING STANDARDS

It is the purpose of this section to promote and protect the public health,
safety and general welfare by providing for the planting, maintenance, and
preservation of trees, shrubs and other plants within the City. The intent of
this section is to promote this purpose by:
(1) Ensuring Planting, Maintenance, and Restoration of Vegetation

Ensuring and encouraging the planting, maintenance, restoration
and survival of trees, shrubs and other plants;
(2) Protection of Residents and Visitors

Ensuring the protection of community residents and visitors from
personal injury and property damage, and the protection of the City
from property damage, caused or threatened by the improper
planting, maintenance or removal of trees, shrubs or other plants;
(3) Mitigating Against Erosion and Sedimentation

Mitigating against erosion and sedimentation;
(4) Reducing Stormwater Runoff

Reducing stormwater runoff and the costs associated therewith;
(5) Preserving the Water Table

Preserving and protecting the water table and surface waters;
(6) Restoring Soils and Land

Restoring soils and land denuded as a result of construction and/or
grading;
(7) Protecting Property Values

Protecting and enhancing property values and aesthetic qualities;
and
(8) Providing Screening

Providing visual screening, where appropriate.
6-300(B) Applicability of Landscaping Standards

(1) General
These standards shall apply to all development in the City.
Subsection 6-300(C): General Requirements for Landscaping
(2) Review for Compliance

Review for compliance with the standards of this section shall occur
at the time of Site Plan (Section 2-300(H)), Minor Subdivision
(Section 2-300(I)(4)), Preliminary Plat for Subdivision (Section 2-
300(I)(5)(b)), Planned Development (Section 2-300(B)), or Zoning
Permit (Section 2-300(O)), as appropriate.
6-300(C) General Requirements for Landscaping

(1) Landscape Plan
In order to ensure compliance with the standards of this section, a
Landscape Plan that demonstrates how landscaping will be planted
on a development site shall be included with or as a part of any
application for Site Plan (Section 2-300(H)), Minor Subdivision
(Section 2-300(I)(4)), Preliminary Plat for Subdivision (Section 2-
300(I)(5)(b)), or Zoning Permit (Section 2-300(O)), whichever is
appropriate.
(2) Planting Standards

Plantings shall comply with the following standards:
(a) New Plantings

1. Deciduous canopy or shade trees shall be a minimum of two (2)
inches in caliper at the time of planting, as determined in the
American Standard for Nursery Stock, ANSI Z60.1-2004, as
amended. Multi-stem varieties shall be a minimum of ten (10) feet
in height above ground level at the time of planting.
2. Understory, small maturing, or ornamental trees shall have a caliper

of two (2) inches at time of planting, as determined in the American
Standard for Nursery Stock, ANSI Z60.1-2004, as amended. Multi-
stem varieties shall be a minimum of ten (10) feet in height above
ground level at the time of planting.
FIGURE 6-300(A): PLANTING STANDARDS
3. Evergreen trees shall be a minimum of six (6) feet in height at the

time of planting.
4. Deciduous shrubs which are upright in nature shall be a minimum

of twenty-four (24) inches in height at the time of planting, and
evergreen shrubs shall be a minimum of eighteen (18) inches in
height at the time of planting.
5. In cases where an aggregate caliper inch (ACI) requirement is

utilized to derive a required amount of vegetation, and the ACI
figure includes a fraction, an applicant may:
a. Utilize a tree or trees with a caliper inch measurement

exceeding the minimum size at time of planting standard
of this subsection in order to meet the required ACI; or
b. Round the ACI figure upwards until the figure

corresponds with a whole number of trees meeting the
minimum size at time of planting standard.
When trees exceeding the minimum size at time of planting

standard are proposed, the minimum calipers of such trees shall
be clearly noted on the Site Plan, PD Master Plan, or Preliminary
Plat (as appropriate).
6. In cases where application of the requirements in this subsection

result in a fraction in the number of shrubs to be provided, the
minimum number of shrubs to be provided shall be rounded
upwards to the next highest whole number.
7. All landscape plant materials shall conform to the latest version of

the American Standard of Nursery Stock (ANSI Z60.1, as
amended). Plant material shall be of standard quality or better, true
to name and type of species or variety.
8. To curtail the spread of disease or insect infestation in a plant

species, new plantings shall comply with the following standards:
a. When fewer than twenty (20) trees are required on a site,

at least two (2) different species shall be utilized, in
roughly equal proportions.
b. When more than twenty (20) but fewer than forty (40)
trees are required to be planted on site, at least three (3)
different species shall be utilized, in roughly equal
proportions.
c. When forty (40) or more trees are required on a site, at

least four (4) different species shall be utilized, in roughly
equal proportions.
d. Nothing in this subsection shall be construed so as to

prevent the utilization of a larger number of different
species than specified above.
9. All planting materials shall correspond to the approved materials

listed in Appendix 6-A, Landscape Plant Materials, unless
alternative materials are proposed as part of an Alternative
Landscape Plan (Section 6-300(I)).
(b) Existing Vegetation

Existing healthy, well-formed canopy and understory trees as
well as healthy shrubs shall be credited toward the
requirements of this section, provided the vegetation is

protected before and during development of the site and
maintained thereafter in a healthy growing condition (see
Section 6-200(F), Tree Preservation Incentives.
(c) Stabilization
All landscape planting areas shall be stabilized and
maintained with ground covers, mulches, or other approved
materials to prevent soil erosion and allow rainwater
infiltration.
(d) Berms
All berms shall comply with the following design standards:
1. The slope of all berms shall not exceed a two-to-one (2:1) ratio
(horizontal to vertical), shall have a top width at least one-half the
berm height, and a maximum height of eight (8) feet above the toe
of the berm.
2. All berms, regardless of size, shall be stabilized with a ground cover

or other suitable vegetation.
3. Berms proposed to be placed along street right-of-way shall be

designed and constructed to provide adequate sight distances at
intersections and along all other roads.
4. Berms shall in no case damage the roots of existing healthy

vegetation designated to be preserved.
(e) Easements
Nothing except groundcover shall be planted or installed
within any underground or overhead utility, drainage, or gas
easement without the consent of the utility provider,
easement holder, or the City.
(3) Landscaping Limited to 35% of Site Area

(a) Notwithstanding the other provisions of this section, the total amount of
area occupied by required landscaping shall not be required to exceed
thirty-five percent (35%) of the developable site area. For the purposes of
this subsection, “developable site area” shall include the area of a site
located outside required setbacks, easements, rights-of-way, riparian
buffers, or other areas where structures are prohibited.
(b) The total area occupied by required landscaping shall include the area
inside required perimeter buffers (Section 6-300(F)), vehicular use area
landscaping areas (Section 6-300(E)), as well as the area inside the
dripline of trees and shrubs located within required site landscaping
(Section 6-300(D)), and streetscape landscaping (Section 6-300(G)) (the
area within the dripline of vegetation used for screening in accordance
with Section 6-300(H) shall not be counted towards the total area
occupied by required landscaping).
(c) Regardless of the width of the perimeter buffer, only the amount of land
area necessary for the “Option 3” perimeter buffer (Table 6-300(F)(1),
Buffer Classifications) shall be counted towards the total area occupied by
a perimeter buffer.
(d) The Development Services Director shall determine the type and amount
of required landscaping which may be waived in cases where the
installation of the full amount of required landscaping would exceed thirty-
five percent (35%) of the developable site area.
FIGURE 6-300(D): AREAS SUBJECT TO 35 PERCENT LIMITATION
Subsection 6-300(D): Site Landscaping
6-300(D) Site Landscaping

(1) General
Site landscaping, for the purpose of this section, is landscaping that
is not:
(a) Required vehicular use area landscaping;
(b) Located within a required perimeter buffer strip;
(c) Required streetscape landscaping; or
(d) Required screening.
(2) Purpose
Site landscaping material is intended to soften the visual impact of
building foundations and provide for the even dispersal of trees
across a development site.
(3) Site Landscaping Standards

Except in Old Town, and for single-family detached dwellings, site
landscaping shall be required for all development, and shall be
supplied in the amounts identified in Table 6-300(D), Required Site
Landscaping Plantings. Site landscaping shall meet the minimum
size standards for new planting specified in Section 6-300(C)(2),
Planting Standards.
TABLE 6-300(D) REQUIRED SITE LANDSCAPING PLANTINGS
TYPE OF USE REQUIRED PLANTINGS PER SITE

Single-family attached, townhouse, two-
6 caliper inches of canopy trees (including at least 1 evergreen
to four-family dwellings, and Group
tree) + at least 10 shrubs per dwelling unit lot
Living uses
Multiple-family dwellings, nursing home,
trees) per acre + at least 1 shrub per each 5 feet of outer
and assisted living facilities
building perimeter
Public and Institutional Uses trees) + at least 6 shrubs per each 5 feet of outer building
perimeter
Commercial Uses tree) per acre, + at least 4 shrubs per each 5 feet of outer
building perimeter
Industrial and Related Uses tree) per acre, + at least 2 shrubs per each 5 feet of outer
building perimeter
NOTES:
[1] At least one-half of the required shrubs shall be of an evergreen variety.
[2] Each evergreen tree meeting the minimum size standards of this section shall count as two (2) caliper
inches towards the total number of required canopy tree caliper inches.
Subsection 6-300(E): Vehicular Use Area Landscaping
(4) Placement
Required shrubs shall be placed around the building perimeter, a
minimum of three (3) feet from the building, with emphasis placed
on building foundations visible from public right-of-way.
Landscaping material may be planted up to fifteen (15) feet from the
building provided there is a sidewalk located between the planting
area and the building wall.
(5) Fee-in-Lieu
In cases where the configuration or topographical constraints of an
existing site make the placement of all required site landscaping
impractical, the Development Services Director may approve
payment of a fee-in-lieu paid into the City’s designated tree fund
through the submittal of an Alternative Landscape Plan (see Section
6-300(I)).
6-300(E) Vehicular Use Area Landscaping

(1) Interior Landscaping Standards
(a) General Interior Landscaping Standards
All parking lots shall provide and maintain landscaped
planting areas within the interior of the parking lot. These
standards shall not apply to parking structures or vehicle
display areas.
(b) Size
Each planting area shall contain minimum areas in
accordance with Section 6-300(E)(1)(c), Design, and in all
instances the planting area shall be adequate to
accommodate the root growth of the plant material used. The
size of the planting area and size of plant material at maturity
shall allow for a two-and-one-half (2½) foot bumper overhang
from the face of the curb.
(c) Design
Interior planting areas shall be designed within parking areas
as:
1. Islands located at the end of parking bays, with a minimum size of
one hundred thirty-five (135) square feet for single loaded parking
rows, and a minimum size of two hundred seventy (270) square
feet for double loaded bays;
2. Islands located mid-way in parking bays with forty (40) or more spaces such that no more than
fifteen (15) spaces shall be located in a
continuous row without being interrupted
by a landscaped island with a minimum
size of one hundred thirty-five (135)
square feet for single loaded bays and
two hundred seventy (270) square feet
for double loaded bays, as depicted in
Figure 6-300(E)(1), Mid-row Landscape
Islands;
FIGURE 6-300(E)(1): MID-ROW LANDSCAPE

ISLANDS
3. Islands located at least every four (4)

parallel rows of cars;
4. Islands used to visually separate parking

areas and accommodate required
pedestrian pathways in surface parking
lots with five hundred (500) or more
parking spaces as depicted in Figure 6-
300(E)(2), Parking Lot Islands; and
5. Driveway medians shall have a

minimum width of four (4) feet for
medians with shrubs, six (6) feet for
medians with shrubs and understory
trees and nine (9) feet for medians with
canopy deciduous or evergreen trees.
FIGURE 6-300 (E)(2):

PARKING LOT ISLANDS
(d) Planting Rates

Each interior planting area shall contain trees and shrubs at
the following rates:
1. Trees shall be required at the minimum rate of two (2) caliper
inches of canopy tree for every two thousand (2,000) square feet,
or portion thereof, of the total parking lot area, except for location
directly under overhead utilities, where understory trees may be
substituted for canopy trees;
2. Shrubs shall be required at the minimum rate of one (1) shrub per
every five hundred (500) square feet, or portion thereof, of the total
parking lot area;
3. As a general guide, one (1) tree island should be located at

approximately fifteen (15) space intervals, in accordance with
Section 6-300(E)(1)(c)(2);
4. No parking space shall be separated from the trunk of a shade or

canopy tree by more than fifty (50) feet (perimeter vehicular use
area landscaping or other required landscaping may be used to
meet this requirement); and
5. All landscape planting areas shall be stabilized and maintained with

ground covers, mulches, or other approved materials to prevent soil
erosion and allow rainwater infiltration.
(e) Screened Backfill

Soil utilized in parking lot islands, driveway medians, and
other areas internal to a vehicular use area shall be screened
prior to deposition in planting areas.
(f) Distribution
Landscaped planting areas shall be distributed throughout
the parking area for the purpose of heat abatement.
(g) Protection of Planting Areas

All planting areas shall be protected from vehicle damage by
the installation of curbing, wheel stops, or other comparable
methods. This standard shall not prohibit the use of planting
areas as on-site stormwater management devices.
(2) Perimeter Landscaping Standards

In addition to the interior vehicular use area landscaping standards
set forth in Section 6-300(E)(1), Interior Landscaping Standards,
vehicular use areas shall be screened from view of public streets
and adjacent residential uses. Where a vehicular use area abuts a
street right-of-way, vacant land within a residential district, or
existing residential development, the following standards shall apply:
FIGURE 6-300(E)(3): PERIMETER LANDSCAPING STANDARDS
(a) Continuous Visual Screen

Perimeter landscaping for vehicular use areas shall
form a continuous visual screen, excluding required
sight clearances at driveways.
(b) Minimum Width

1. For development in Old Town, the perimeter
landscaping strip shall have a minimum average width
of five (5) feet measured at ten- (10) foot intervals along
the property lines, with the minimum width for any
perimeter landscaping strip being no less than two (2)
feet.
2. For development in outside of Old Town, the minimum

average width for any perimeter landscaping strip shall
be ten (10) feet measured at ten- (10) foot intervals
along the property lines, with the minimum width for any
perimeter landscaping strip being five (5) feet.
3. The perimeter landscaping strip shall be protected from

vehicular intrusion by the installation of curbing, wheel
stops, extra width in the buffer yard, or other methods
approved by the Development Services Director.
(c) Location
Perimeter landscape strips for screening vehicular use areas
shall be located on the property, and shall be placed to
assure visibility and safety of pedestrians on the public street,
as well as those within the parking lot.
(d) Minimum Height

Plant materials shall be maintained at a minimum height of
thirty-six (36) inches above the surface elevation of the
adjacent vehicular use area, provided the installation meets
all state and/or federal highway sight distance standards.
(e) Required Materials

1. Evergreen shrubs shall be used to form the continuous visual
screen in the perimeter landscaping strip.
2. In addition to the evergreen shrub requirements, each perimeter

landscaping strip shall include at least eight (8) aggregate caliper
inches (ACI) of canopy or understory trees per one hundred (100)
linear feet of landscaping strip.
(f) Adjacent to Perimeter Buffers or Streetscape Landscaping Areas

Perimeter landscape strips may be credited towards
perimeter buffer (see Section 6-300(F)) or streetscape
landscaping (see Section 6-300(G)) standards provided that
the minimum standards of this subsection are maintained.
Subsection 6-300(F): Perimeter Buffers
(g) Adjacent to Off-street Surface Parking on Other Lots

In cases where two or more off-street surface parking lots are
located adjacent to one another, but upon different lots, no
perimeter landscaping materials shall be required.
6-300(F) Perimeter Buffers

(1) Applicability
(a) General
Unless exempted in accordance with Section 6-300(F)(1)(b),
Perimeter Buffer Exemptions, development shall provide a
perimeter buffer to separate that use from adjacent uses in
accordance with Table 6-300(F)(2), Buffer Class Application.
The buffer shall have the width, amount of vegetation, and
other features to properly mitigate the negative effects of
contiguous incompatible uses.
(b) Perimeter Buffer Exemptions

Development in the following districts shall be exempted from
the standards of this section.
1. The Downtown (DTWN) District; and
2. Development internal to a Planned Development (PD) District

subject to an approved PD Master Plan.
(2) Types of Buffers

Table 6-300(F)(1), Buffer Classifications, describes the four (4)
different types of buffers and their optional configurations. Any one
(1) of the three (3) optional configurations may be utilized to comply
with the standards of this section. In cases where an option utilizing
a berm or fence is selected, the berm or fence shall comply with the
standards of Section 6-300(C)(2)(e), Berms, or Section 6-400,
Fencing Standards.
TABLE 6-300(F)(1): BUFFER CLASSIFICATIONS
“ACI” = AGGREGATE CALIPER INCHES

SCREENING REQUIREMENT WITHIN PERIMETER BUFFER STRIP
BUFFER TYPE AND OPTION 3:

CONFIGURATION OPTION 1: OPTION 2: OUTSIDE OLD
MINIMUM WIDTH 25 MINIMUM WIDTH 15 OLD TOWN
TOWN
FEET FEET MINIMUM WIDTH
MINIMUM WIDTH
5 FEET
10 FEET
A, Basic
2 ACI of canopy 2 ACI of canopy trees
This buffer area functions as 6 ACI of canopy
trees + 6 ACI of + 10 ACI of One 5’ high solid
basic edge demarcating trees + 6 ACI of
understory trees + understory trees + 15 fence + 25 shrubs per
individual properties with a slight understory trees
10 shrubs per 100 shrubs per 100 linear 100 linear feet
visual obstruction from the per 100 linear feet
linear feet feet
ground to a height of 10 feet.
B, Aesthetic
This buffer area functions as an One 5’ high solid
8 ACI of canopy 6 ACI of canopy
intermittent visual obstruction 2 ACI of canopy trees fence + 2 ACI of
trees + 10 ACI of trees + 12 ACI
from the ground to a height of at +14 ACI understory canopy trees + 16
understory trees + understory trees +
least 20 feet, and creates the trees + 35 shrubs per ACI of understory
15 shrubs per 100 25 shrubs per 100
impression of spatial separation 100 linear feet trees per 100 linear
linear feet linear feet
without eliminating visual feet
contact between uses.
One 3’ high
One 4’ high berm + One 4’ high berm or
C, Semi-opaque 12 ACI of canopy continuous evergreen
6 ACI of canopy one 4’ high solid
This perimeter buffer functions trees + 14 ACI of hedge + 2 ACI of
trees + 14 ACI of fence + 2ACI of
as a semi-opaque screen from understory trees + canopy trees + 20
understory trees + canopy trees + 16
the ground to at least a height of 25 shrubs per 100 ACI of understory
50 shrubs per 100 ACI canopy trees per
6 feet. linear feet trees per 100 linear
linear feet 100 linear feet
feet
D, Opaque
One 3’ high
This perimeter buffer functions
18 ACI of canopy continuous
as an opaque screen from the One 6’ high solid One 6’ high solid
trees + 20 ACI of evergreen hedge +
ground to a height of at least 6 fence + 12 ACI of fence + 14 ACI of
understory trees + 6 ACI of canopy
feet. This type of buffer canopy trees per 100 canopy trees per 100
55 shrubs per 100 trees + 30 ACI of
prevents visual contact between linear feet linear feet
linear feet understory trees
uses and creates a strong
per 100 linear feet
impression of total separation.
NOTES:
1. Any required buffer strip can be reduced to five (5) feet in width with the provision of a solid masonry wall six (6) feet in height,
along with ten (10) shrubs per every one hundred (100) linear feet.
2. Section 6-400, Fencing Standards, limits fences and walls in front yards to a maximum opacity of fifty percent (50%) in
residential zoning districts and prohibits fences within front yard setbacks in non-residential zoning districts.
3. Perimeter buffer widths (but not vegetation amounts) in Old Town may be reduced by up to twenty percent (20%) with an
Administrative Adjustment (see Section 2-300(F)).
(3) Buffer Class Application

Table 6-300(F)(2), Buffer Class Application, below, specifies the
type of landscaped perimeter buffer that must be installed adjacent
to an existing use. The proposed uses are designated with their
associated use class and cross-referenced with the numbered
columns along the horizontal row under the “Adjacent Use” heading.
The buffer type is indicated by letter and the total buffer width in feet
is indicated by number.
TABLE 6-300(F)(2): BUFFER CLASS APPLICATION
A = TYPE A BUFFER; B = TYPE B BUFFER; C = TYPE C BUFFER; D = TYPE D BUFFER;

N = NO BUFFER REQUIRED
NUMBERS 1 THROUGH 10 = USES, AS IDENTIFIED IN LEFT COLUMN OF TABLE
ADJACENT USE
PUBLIC AND
PROPOSED USE I&R
RESIDENTIAL USES INSTITUTIONAL COMMERCIAL USES
USES
USES
1 2 3 4 5 6 7 8 9 10
RESIDENTIAL USES
1 Single-family detached dwelling N B N N N
Two- and Four-family dwelling,
2 Townhouse dwelling and C A B C B A N N
Attached single-family dwelling
Multiple-family dwelling, Group
3 D B A D C A N N
Living uses
4 Parks and Open Areas N N N N
Community Services, Day
5 C B A C A B B A A
Care, and Educational Facilities
All other Public and Institutional
6 D C B D B A B A A
Uses
COMMERCIAL USES
Agriculture, Animal services,
7 Conference/Training, and D C B D C A B B
Offices
Eating establishments [1],
Recreation and Entertainment,
8 D C D C A C B
Retail sales and services
(under 50,000 square feet)
9 All other Commercial Uses D C D C C A B
SERVICE AND INDUSTRIAL USES (S& I)
10 All Service and Industrial Uses D D C B A
NOTES:
[1] In cases where a commercial property containing a freestanding eating establishment abuts a residential zoning
district, the buffer width shall be a minimum of twenty-five (25) feet.
(4) Responsibility for Buffer Installation

(a) Vacant Parcels
Where a developing parcel is adjacent to a vacant parcel, the
developing parcel shall provide a minimum of one-half (½) of
the perimeter buffer required adjacent to the vacant land.
Determination of the required perimeter buffer width and type
shall be based upon the highest use classification available
for the vacant land based upon its current zone district
classification.
(b) Existing Land Uses
Where a developing parcel is adjacent to an existing use, the

developing parcel shall provide the full perimeter buffer
required adjacent to the existing use in accordance with
Table 6-300(F)(2), Buffer Class Application, unless a portion
or all of a perimeter buffer that complies with the standards of
this section already exists between the lots. Where all or part
of a perimeter buffer exists, but the buffer does not fully
comply with the standards of this section, the developing
parcel shall be responsible for providing all the additional
planting material necessary to meet the standards of this
section.
(5) Location of Buffers

(a) General
Perimeter buffers required by this section shall be located
along the outer perimeter of the parcel and shall extend to the
parcel boundary line or right-of-way line; however, the
perimeter buffer may be located along shared access
easements between parcels in non-residential developments.
(b) Shopping Centers

Within shopping centers or other non-residential
centers/developments, the perimeter buffer area between
outparcels in the same development may be provided, totally
or in part, elsewhere on the site. For example, a twenty- (20)
foot buffer between uses may be shifted elsewhere on the
site (preferably within the site’s interior) as long as the total
area is provided for. The intent of this subsection is to
provide for more flexibility in site design and to potentially
save large natural areas that may exist elsewhere on the site.
(c) Development Within Required Buffers

1. The required buffer shall not contain any development, impervious
surfaces, or site features that do not function to meet the standards
of this section or that require removal of existing vegetation, unless
otherwise permitted in this Ordinance.
2. Sidewalks and trails may be placed in perimeter buffers if damage

to existing vegetation is minimized to the maximum extent
practicable.
3. Overhead and underground utilities, if allowed by the City, are

permitted in buffers, but shall minimize the impact to vegetation to
the maximum extent practicable. In cases where required
landscaping material is damaged or removed due to utility activity
within a required buffer, the landowner shall be responsible for
replanting all damaged or removed vegetation necessary to ensure
the buffer meets the standards in the Ordinance.
(d) Credit for Existing Vegetation
Subsection 6-300(G): Streetscape Landscaping
Existing vegetation meeting the size standards of Section 6-

300(C)(2)(a), New Plantings, located within the perimeter
buffer area may be preserved and credited toward the
perimeter buffer standards.
6-300(G) Streetscape Landscaping

(1) Applicability
(a) General Streetscape Landscaping Requirements
Unless exempted in accordance with Section 6-300(G)(1)(b),
Streetscape Landscaping Exemptions, development on lots
that front arterial or collector streets shall provide streetscape
landscaping between the edge of the arterial or collector
street right-of-way and the uses on the lot, in accordance with
Section 6-300(G)(2), Streetscape Landscaping Standards.
(b) Streetscape Landscaping Exemptions

Development in Old Town, unless located in the YR-1
Overlay district, is exempted from the streetscape
landscaping standards of this section.
(2) Streetscape Landscaping Standards

Development subject to this section shall comply with the following
standards:
(a) General
The amount and type of vegetation to be provided shall
comply with Table 6-300(G), Streetscape Landscaping
Standards:
Subsection 6-300(G): Streetscape Landscaping
TABLE 6-300(G): STREETSCAPE LANDSCAPING STANDARDS
“ACI” = AGGREGATE CALIPER INCHES

MINIMUM REQUIRED LANDSCAPING MATERIAL
BY PROPOSED USE CLASSIFICATION [1]
TYPE OF REQUIRED
PUBLIC AND
LANDSCAPING MATERIAL [2]
RESIDENTIAL INSTITUTIONAL AND SERVICE AND
USES COMMERCIAL AND INDUSTRIAL USES
MIXED USES
ACI of Canopy trees per 100
2 6 8
linear feet
ACI of Understory trees per
4.5 10 12.5
100 linear feet [3]
Shrubs per 100 linear feet 5 10 15

NOTES:
[1] Lots located within the Road Corridor Overlay (YR-1) district shall provide one hundred twenty-five
percent (125%) of the minimum required landscaping material listed above.
[2] There are no minimum width requirements for streetscape landscaping areas.
[3] In cases where understory trees will be shaded by mature or maturing canopy trees, shade-tolerant
understory species shall be required.
EXAMPLE CALCULATION:
A hypothetical site with a frontage of two hundred fifty-five (255) feet along an arterial street in the
YR-1 Overlay is proposed for development with a multi-family residential use. The resulting total
ACI requirements for the streetscape include:
Canopy trees: 6.3 ACI

(255 / 100 = 2.55) Æ (2.55 x 2 = 5.1 ACI) Æ (5.1 x 1.25 (due to YR-1 overlay requirements) =
6.3 total ACI). Section 6-300(C)(2) allows this requirement to be fulfilled by 1 tree with a 6.3
inch caliper, or 4 trees of 2 inch caliper, or 2-3 trees meeting an ACI of 6.3 inches.
Understory trees: 14.3 ACI

(255 / 100 = 2.55) Æ (2.55 x 4.5 = 11.4 ACI) Æ (11.4 x 1.25 (due to YR-1 overlay
requirements) = 14.34 total ACI). Section 6-300(C)(2) allows this requirement to be fulfilled by
15 trees with a 2 inch caliper, or any combination of 14 or fewer trees provided the total ACI of
all trees equals or exceeds 14.3 inches.
Shrubs: 16
(255 / 100 = 2.55) Æ (2.55 x 5 = 12.7 shrubs) Æ (12.7 x 1.25 (due to YR-1 overlay
requirements) = 15.9 shrubs. Section 6-300(C)(2) requires fractions to be rounded up to the
next highest whole number.
(b) Location
Streetscape landscaping material shall be located within thirty
(30) feet of the ultimate arterial or collector street right-of-way
edge as depicted in the City’s Transportation Plan and
Functional Classification Map.
(c) Placement
Landscaping material shall be placed in accordance with the
standards in Chapter 28 of the City’s Code of Ordinances.
(d) Credit for Vehicular Use Area Landscaping

Landscaping material associated with a vehicular use area
(see Section 6-300(E)) may be credited towards the
Subsection 6-300(H): Screening
streetscape landscaping standards provided the landscaping

material is within twenty (20) feet of the arterial or collector
right-of-way edge.
(e) Reductions Based on Surface Parking Location

The required amount of streetscape landscaping material can
be reduced by seventy-five percent (75%) in cases where no
off-street surface parking is located between a structure on
the lot and the arterial or collector street it fronts.
(f) Credit for Existing Vegetation

Existing vegetation located outside of a Tree Protection Zone
that is maintained during and after the construction process
can be credited towards the streetscape landscaping
standards in accordance with Section 6-200(F), Tree
Preservation Incentives, provided the landscaping material is
within thirty (30) feet of the arterial or collector right-of-way
edge.
(g) Credit Towards Street Tree Requirements

Canopy trees located within twenty (20) feet of the edge of
the right-of-way shall be credited towards the street tree
standards in Section 6-800(A)(2)(g), Street Trees, provided
such trees are not located within a utility easement.
6-300(H) Screening
(1) General Requirements
In addition to the site landscaping, perimeter buffer, and streetscape
landscaping standards in this section, screening shall be required to
conceal specific areas of high visual or auditory impact or hazardous
areas from both on-site and off-site views. Such areas shall be
screened at all times, unless otherwise specified, regardless of
adjacent uses, districts, or other proximate landscaping material.
(2) Items to be Screened

The following areas shall be screened in accordance with this
section:
(a) Large waste receptacles (dumpsters) and refuse collection points
(including cardboard recycling containers);
(b) Loading and service areas;
(c) Outdoor storage areas (including storage tanks); and
(d) Ground level mechanical equipment and utility meters.
Subsection 6-300(H): Screening
(3) Screening Methods

The following items are permitted for use as screening materials.
Alternative screening materials that are not listed may be used if it is
determined they are comparable to these screening materials.
(a) Vegetative Material

Planting materials meeting the opacity standards for a Type
D buffer (see Table 6-300(F)(1), Buffer Classifications) and
the minimum size standards at time of planting standards of
Section 6-300(C)(2)(a), New Plantings.
(b) Berms
An earthen berm measuring at least two (2) feet in height.
Berms shall be covered with grass and shall be planted with
other landscaping materials consistent with the requirements
for a Type D buffer (see Table 6-300(F)(1), Buffer
Classifications). A berm shall not be used if it will replace
existing trees of six (6) inches in caliper or more.
(c) Fencing
An opaque wooden fence, or plastic or vinyl designed fence
that is configured to appear as an opaque wooden fence,
measuring at least six (6) feet in height, but not exceeding
eight (8) feet in height, that is consistent with the standards in
Section 6-400, Fencing Standards. When wood is utilized,
only treated wood or rot-resistant wood, such as cypress or
redwood, shall be used. Chain link, barbed wire, stock wire,
hog wire, chicken wire, and similar type fences are not
permitted.
(d) Masonry Walls

Masonry walls measuring at least six (6) feet in height but not
exceeding eight (8) feet in height. Walls shall be constructed
of brick, textured concrete masonry units, or stuccoed block.
Subsection 6-300(I): Alternative Landscape Plan
FIGURE 6-300(H): SCREENING METHODS
6-300(I) Alternative Landscape Plan
An Alternative Landscape Plan may be used where unreasonable or

impractical situations would result from application of Section 6-300,
Landscaping Standards, or to replace a tree accidentally damaged in
accordance with Section 6-200, Tree and Vegetation Protection.
Alternative plans, materials, or methods may be justified due to natural
conditions, such as streams, natural rock formations, topography, and
physical conditions related to the site. Also, the lot configuration and utility
easements may justify an Alternative Landscape Plan.
(1) Allowable Deviations

The Development Services Director shall approve an Alternative
Landscape Plan if it meets the purpose and intent of the
landscaping standards in Section 6-300. Allowable deviations from
the standards of this section include, but are not limited to the
following:
(a) Reduced Planting Rates due to Public Facilities

An adjustment to planting locations or reduction in the type or
total number of required caliper inches when underground
connections to public facilities or public utilities, or public
easements or right-of-way, are located upon or in close
proximity to the parcel or whenever a fewer number or
smaller size of trees would be more desirable in terms of
good landscape planning practice.
(b) Reduction in Standards Due to Nature of Parcel

A reduction in the count, spacing, or species diversity
standards is more desirable in terms of good landscape
Subsection 6-300(J): Other Landscape Standards
planning practice considering the nature of the parcel and

adjacent parcels.
(c) Payment Into Designated Tree Fund

The Development Services Director may determine if a
payment-in-lieu into the City’s designated tree fund is an
appropriate form of compliance with the landscaping
standards in this Ordinance. When a payment-in-lieu is
identified as an option, the payment amount shall be
proportional to the impact that is being mitigated.
(d) Redevelopment of Nonconforming Sites

The installation of required landscaping during
redevelopment of existing nonconforming sites shall occur in
accordance with Section 8-600, Correction of Other
Nonconformities.
6-300(J) Other Landscape Standards

(1) Time for Installation of Required Landscaping
(a) Time Limit
All landscaping, including mulching and seeding, shall be
completed in accordance with the approved Site Plan
(Section 2-300(H)), Minor Subdivision (Section 2-300(I)(4)),
Preliminary Plat for Subdivision (Section 2-300(I)(5)(b)), PD
Master Plan (Section 2-300(B)), or Zoning Permit (Section 2-
300(O)) prior to issuance of a Certificate of Occupancy
unless the Development Services Director grants an
exception to meeting this requirement due to extreme heat or
cold conditions. In this case, an irrevocable letter of credit
shall be in place to ensure that all landscaping standards will
be met at a predetermined later date. The installation of
these requirements shall comply with the required planting
standards set forth in this section.
(b) Extensions and Exceptions

The Development Services Director may grant exceptions
and extensions to the above time limit in the following
circumstances and under the following conditions:
1. Exceptions may be granted due to unusual environmental
conditions, such as drought, ice, over-saturated soil (deep mud), or
inappropriate planting season for the plant species.
2. Exceptions may be granted due to the substitution or unavailability

of plant species or acceptable plant size as specified on the
Landscape Plan or Alternative Landscape Plan in cases where
such materials are not commercially available within a reasonable
time.
3. Exceptions may be granted due to circumstances beyond the

developer's or landowner's control, such as incomplete construction
or utility work to occur in a proposed landscaped area within thirty
(30) days after expected site completion, provided the developer or
land owner submits a letter from the utility company stating the
estimated installation date.
(c) Performance Guarantees for Landscaping

The Development Services Director may allow a
developer/owner to delay the installation of required
landscaping materials through the provision of a performance
guarantee, in a form and manner approved by the
Development Services Director, and in accordance with the
following requirements.
1. Form of Performance Guarantees

The owner or developer shall furnish a performance guarantee in
any of the following acceptable forms:
a. Cash deposit with the City of Rock Hill;
b. Guarantee from a South Carolina lender based upon a

cash deposit, in a form acceptable to the City Attorney;
c. Irrevocable letter of credit from a South Carolina banking

institution in a form acceptable to the City Attorney; or
d. Any other financial security found acceptable by the City

Attorney.
2. Performance Guarantee Amount

Required landscaping materials shall be guaranteed at one
hundred twenty-five percent (125%) of the materials and labor for
all improvements prior to approval of the Certificate of
Occupancy, unless waived or reduced by the City.
3. Maintenance Guarantees
The owner or developer shall furnish a maintenance guarantee in
a form approved by the City, so as to guarantee the proper
functioning and maintenance of the landscaping.
4. Time Limit for Installation

The performance guarantee shall include a statement indicating
when all required landscaping installation will be completed. In
no event shall the installation of all required landscaping be
delayed by more than two (2) growing seasons.
5. Release of Performance Guarantees

a. Upon the owner or developer’s completion of the
installation of the required landscaping, the
owner/developer shall provide written notice to the
Development Services Director requesting an inspection.
Upon the Development Services Director’s determination
that the landscaping fully complies with the approved Site
Plan (Section 2-300(H)), Intermediate Field Survey Plat

(Section 2-300(I)(5)(d)), Final Plat for Subdivision
(Section 2-300(I)(5)(f)), or PD Master Plan (Section 2-
300(B)), whichever is appropriate, the full amount of
financial security shall be released, less the City’s costs
of additional inspections and other means to secure
compliance.
b. In cases where the performance guarantee is required

during an establishment period (see Section 6-
200(C)(3)(a)(4)), at the end of the period, the
owner/developer shall provide written notice to the
Development Services Director requesting an inspection.
Upon the Development Services Director’s determination
that the landscaping has successfully passed the
establishment period, the full amount of financial security
shall be released, less the City’s costs of additional
inspections and other means to secure compliance.
6. Forfeiture of Security
a. Failure to Install Landscaping
If an owner or developer fails to properly install
all required landscaping within the time-frames
established in accordance with this subsection,
the Development Services Director shall give
written notice to the owner/developer (if
different) by certified mail, after which time the
City may draw on the security and use the
funds to complete the required improvements.
b. Report of Expenditures
After completing the required landscaping, the
City shall provide a complete accounting of the
expenditures to the owner/developer (as
appropriate) and, as applicable, refund all
unused security deposited, without interest, to
the party posting the guarantee. If the costs to
complete the required landscaping are greater
than the amount of the security, the City may
assess the additional costs to the affected
property owner(s) or responsible association.
(2) Maintenance of Landscaping Materials

The owner shall be responsible for the maintenance of all landscape
areas not in the public right-of-way. Such areas shall be maintained
in accordance with the approved Landscape Plan or Alternative
Landscape Plan and shall present a healthy and orderly appearance
free from refuse and debris. All plant life shown on an approved
Landscape Plan or Alternative Landscape Plan shall be replaced if it
dies, is seriously damaged, or removed.
(a) Damage Due to Natural Occurrence

In the event that any vegetation or physical element
functioning to meet the standards of this section is severely
damaged due to an unusual weather occurrence or natural
catastrophe, or other natural occurrence such as damage by
wild or domestic animals, the owner or developer may be
required to replant if the landscaping standards are not being
met. The owner shall have one (1) growing season to
replace or replant. The Development Services Director shall
consider the type and location of the landscape buffer or
required vegetation area as well as the propensity for natural
re-vegetation in making a determination on the extent of
replanting requirements.
(b) Protection During Operations

The owner or developer should take actions to protect trees
and landscaping from unnecessary damage during all facility
and site maintenance operations. Plants must be maintained
in a way that does not obstruct sight distances at roadway
and drive intersections, obstruct traffic signs or devices,
and/or interfere with the use of sidewalks or pedestrian trails.
(c) Maintain Shape

All required trees (whether canopy, understory, or otherwise)
shall be maintained in their characteristic natural shape, and
shall not be severely pruned, sheared, topped, or shaped as
shrubs. Trees (including but not limited to Crape Myrtles)
that have been severely pruned, sheared, topped, or shaped
as shrubs no longer serve the intended buffering or screening
function and shall be considered as damaged vegetation in
need of replacement in accordance with Section 6-
300(J)(2)(a), Damage Due to Natural Occurrence, and shall
be replaced within one (1) growing season.
(d) Natural Death

The natural death of existing vegetation within any required
landscape area does not necessarily constitute a violation
and would not require re-vegetation to replace the plant
material unless the required landscape area no longer
achieves the required standards of this section. In no
instance shall this provision be construed to prevent re-
planting if, in the opinion of the Development Services
Director, the required performance standard of the
landscaping is not being met.
(3) Monitoring of Compliance with Landscaping Standards

(a) Inspections Prior to Certificate of Occupancy
The Development Services Director shall inspect the site

prior to the issuance of a Certificate of Occupancy or
Certificate of Conformity for the development and such permit
shall not be issued if the landscaping required under this
section is not living or healthy or is not installed in
accordance with the approved Landscape Plan or Alternative
Landscape Plan and the standards in this section.
(b) Inspections After First Year

The Development Services Director shall inspect the site one
(1) year after the issuance of a Certificate of Occupancy in
order to ensure compliance with the approved Landscape
Plan or Alternative Landscape Plan and to ensure that the
landscaping is properly maintained. Failure to maintain
required landscape areas (trees and shrubs) in accordance
with the standards of this section shall constitute a violation of
this Ordinance.
Section 6-400: Fencing Standards
Subsection 6-400(A): Applicability
6-400 FENCING STANDARDS

6-400(A) Applicability
The provisions of this section shall apply to all construction, substantial
reconstruction, or replacement of fences or walls not required for support of
a primary or accessory structure, or any other linear barrier intended to
delineate different portions of a lot. In the event of any inconsistency
between the provisions of this section and any screening standard in
Section 6-300(H), Screening, the latter shall govern.
6-400(B) General Requirements for Fences and Walls

(1) Location
Fences are permitted on the property line between two (2) or more
parcels of land held in private ownership.
(2) Temporary Fences

Temporary fences for construction sites or a similar purpose shall
comply with the requirements of the International Building Code
adopted by the City.
(3) Fences in Easements

Fences shall be prohibited within utility easements and the City shall
not be responsible for damage to, or the repair or replacement of
fences that must be removed to access such easements. In no
instance shall this provision be construed to prevent fencing around
stormwater retention or detention facilities required by this
Ordinance.
(4) Blocking Natural Drainage Flow

No fence shall be installed so as to block or divert a natural drainage
flow on to or off of any other land.
(5) Fences On Retaining Walls or Berms

If a fence is constructed on top of a wall or berm, the combined
height of the fence and wall or berm shall not exceed the maximum
height that would apply to a fence or wall alone.
(6) Fences and Walls within Buffers and Streetscape Landscaping

Areas
Fences and walls shall be installed so as not to disturb or damage
existing vegetation or installed plant material. The perimeter fencing
or wall for a single subdivision or development shall be of a uniform,
approved style that meets the standards of this section in order to
provide visual interest in an orderly manner.
Subsection 6-400(C): Height Requirements for Fences and Walls
6-400(C) Height Requirements for Fences and Walls

All fences and walls shall conform to the following standards. In all cases,
heights are measured from natural grade.
(1) Residential Districts

On the residential districts, fences and walls shall not exceed a
height of four (4) feet in front yards and six (6) feet in side and rear
yards. Any fence installed in a front yard shall be of no greater than
fifty percent (50%) opacity (that is, it shall obscure no more than fifty
percent (50%) of the view into the land). If a fence is constructed on
top of a retaining or other wall, the combined height of the fence and
wall shall not exceed the maximum height that would apply to a
fence or wall alone.
(2) Business Districts

In business districts, fences and walls shall not be permitted in front
setback areas, and shall not exceed a height of six (6) feet on the
remainder of front yards and ten (10) feet in side or rear yards,
unless the fence in the side or rear yard is located within twenty (20)
feet of a public right-of-way, in which case it shall not exceed six (6)
feet. If a fence is constructed on top of a retaining or other wall, the
combined height of the fence and wall shall not exceed the
maximum height that would apply to a fence or wall alone.
(3) Exemption for Required Screening

Fencing provided to meet the standards of Section 6-300(H),
Screening, is exempted from the height standards of this subsection
but in no case shall the fencing exceed the maximum height limits of
Section 6-300(H), Screening.
(4) Exemption for Recreational Fencing

Customary fencing provided as a part of a permitted tennis court,
athletic field, or other recreational facility shall be exempt from the
height restrictions of this sub-section.
(5) Exemption for Safety

Major utilities, wireless communication towers, government facilities,
and other public safety uses shall be allowed to increase maximum
fence heights to eight (8) feet in front, side, and rear yards, unless
further increased through an approved security plan (see Section 6-
400(C)(6), Exemption for Security Plan).
6-400(D) Exemption for Security Plan

The owner or tenant of any land in a Business district, Planned
Development district, or representative of a public agency responsible for a
public facility may submit to the Development Services Director a site
Subsection 6-400(E): Perimeter Fences and Walls Abutting Public Right-of-Way
security plan requesting fences or walls taller than those permitted by this
subsection, or the ability to utilize barbed wire on a fence or wall. The
Development Services Director shall approve the site security plan, or
approve it with conditions, upon a finding:
(1) Site/Area Conditions

The condition, location, or use of the land, or the history of activity in
the area, indicates the land or any materials stored or used on it are
in significantly greater danger of theft or damage than surrounding
land; and
(2) No Significant Adverse Effect

The additional height of fences or walls indicated in the site security
plan will not have a significant adverse effect on the security,
functioning, appearance, or value of adjacent lands or the
surrounding area as a whole.
6-400(E) Perimeter Fences and Walls Abutting Public Right-of-Way

Perimeter fences or walls abutting a public right-of-way shall comply with
(1) Uniformity
Be of a uniform style;
(2) Prohibited in the Right-of-Way

Be located outside the right-of-way associated with a public street;
(3) Prohibited in Front of Streetscape Landscaping

Be located outside the public right-of-way and any required
streetscape landscaping (see Section 6-300(G));
(4) Maximum Length of Unbroken Fence or Wall Plane

Include breaks in the wall plane at least every two hundred (200)
feet.
6-400(F) Visibility Clearance

(1) Sight Triangles and Sight Distance Triangles
Fences and walls shall be placed in accordance with the standards
in Section 7-100(B)(1)(k), Sight Obstruction.
6-400(G) Prohibited Fences

(1) Chain Link and Metal-Slat Fencing
Fences and walls constructed of chain link or metal slats shall be
prohibited within the front yard in all zone districts, except the
Industrial zone districts, when the landowner can demonstrate
Subsection 6-400(H): Appearance
through a security plan (see Section 6-400(C)(6)), that such fencing

is necessary to maintain public safety or on-site security.
(2) Barbed Wire and Above Ground Electrified Fences Prohibited

Barbed wire fences and above ground electrified fences are
prohibited in all zone districts. Underground electric fences
designed for control of domestic animals are permitted.
(3) Debris, Junk, Rolled Plastic, Sheet Metal, Plywood, or Other

Waste Materials
Fences or walls made of debris, junk, rolled plastic, sheet metal,
plywood, or waste materials are prohibited in all zone districts,
unless such materials have been recycled and reprocessed into
building materials marketed to the general public and resemble new
building materials.
6-400(H) Appearance
(1) Customary Materials
Fences and walls shall be constructed of customary materials,
including solid wood, brick, masonry, stone, brick, wrought iron,
decorative metal materials, or products designed to resemble these
materials. Where specific materials are specified for particular types
of screening or buffering fences or walls, all other fence materials
are prohibited.
(2) Finished Side to Outside

Wherever a fence or wall is installed, if one side of the fence or wall
appears more “finished” than the other (i.e. one side has visible
support framing and the other does not), then the more “finished”
side of the fence shall face the perimeter or outside of the lot, rather
than facing the interior of the lot.
(3) Uniformity of Materials on a Single Lot Side

All fencing or wall segments located along a single lot side shall be
composed of a uniform material and shall be of a uniform color.
(4) Chain Link Fencing

Where allowed, chain link fencing shall be vinyl coated and colored
dark green or black.
(5) Landscape Screening

Fences and walls that exceed two-and-one-half (2½) feet in height
and are located within twenty (20) feet of a public right-of-way shall
meet the following landscaping standards:
(a) Shrubs Required
Subsection 6-400(H): Appearance
One (1) evergreen shrub shall be installed for each five (5)
feet of frontage along the public right-of-way. Shrubs may be
installed in a staggered, clustered, grouped, or linear fashion,
and all plantings shall be installed on the side of the fence
that faces the public right-of-way.
(b) Substitution of Understory Trees

One (1) understory or ornamental tree may be substituted for
every three (3) evergreen shrubs provided that the tree meets
the minimum size standards at the time of planting found in
Section 6-300(C)(2), Planting Standards.
(c) Integration with Other Required Landscaping

Required landscape screening for fences or walls may be
integrated into the landscaping required for streetscape
landscaping, vehicular use area screening, or perimeter
landscape buffers provided the standards in Section 6-300,
Landscaping Standards, are maintained. In no case shall
fencing or required walls be placed between the edge of the
right-of-way and any required streetscape landscaping.
(6) Maintenance Required

All fences and walls shall be maintained in good repair and in a safe
and attractive condition, including but not limited to replacement of
missing, decayed, or broken structural and decorative elements. All
fences and walls shall receive regular structural maintenance to
prevent and address sagging and weathering of surfaces visible
from the public right-of-way. Any deteriorated, damaged or decayed
fence materials shall be promptly repaired, and any fence or wall
post or section that leans more than twenty (20) degrees from
vertical shall be promptly repaired to correct that condition.
Section 6-500: Environmentally Sensitive Lands
Subsection 6-500(A): Riparian Buffers
6-500 ENVIRONMENTALLY SENSITIVE LANDS

6-500(A) Riparian Buffers
Unless exempted in accordance with Section 6-500(A)(4), Riparian Buffer
Exemptions, riparian buffers shall be protected in accordance with the
standards of this section and Section 2-300(J), Stormwater Management
and Sediment Control Plans. The following standards shall apply within
the following riparian buffers:
(1) Catawba River Buffer

The Catawba River riparian buffer area shall be composed of the
following lands:
(a) Primary Buffer

The Primary Catawba River riparian buffer shall include all
lands located within one hundred fifty (150) feet of the mean
high water line along either bank of the Catawba River below
the Lake Wylie Dam; and
(b) Secondary Buffer

In addition to the primary buffer, a secondary buffer shall
extend five hundred (500) feet from the mean high water line
along either bank of the Catawba River, but shall be limited to
lands located within fifty (50) feet of either bank of any
perennial stream
which flows directly
into the Catawba
River.
FIGURE 6-500(A):
CATAWBA RIVER
BUFFER
Subsection 6-500(A): Riparian Buffers
(2) Lake Wylie Buffer

The Lake Wylie riparian buffer shall be composed of the following
lands:
(a) An area fifty (50) feet landward of the full pond elevation contour for Lake
Wylie as defined under the FERC regulatory provisions governing Duke
Power Company in its management and ownership of the impoundment;
and
(b) All lands located within fifty (50) feet of either bank of any perennial
stream which flows directly into Lake Wylie.
(3) Development Within Riparian Buffers

Land disturbing activities shall be prohibited within the Catawba
River or Lake Wylie buffers. Development within these riparian
buffers shall be limited to passive recreation uses, including but not
limited to walking, jogging, biking, picnicking, fishing, preservation of
natural areas and scenic resources, parks, environmental education,
and wildlife habitat protection.
(4) Riparian Buffer Exemptions

The following development and activities are exempt from the
standards of Section 6-500(A)(3), Development Within Riparian
Buffers:
(a) Existing Structures

Any structure located or under construction within a riparian
buffer area as of May 12, 2003, provided the land owner can
document prior existence through property tax records,
building permits, contracts for construction, or other clear
evidence.
(b) Utilities
Existing or proposed easements for public and private utility
facilities, including transmission or conveyance lines,
communication, sewer, water or gas lines, and erosion
control or storm water structures that bisect the buffer not
greater than sixty (60) degrees from a line perpendicular to
the buffer edge, provided that any land disturbance is
conducted in conformity with the applicable regulations in
Section 10-441(6)(c) of the City Code of Ordinances, and is
restored as soon as possible.
(c) Agricultural and Forestry

Any parcel of land that is five (5) acres or larger that is being
utilized principally for the raising of livestock, cultivation of
agricultural or nursery plants, or harvesting of timber,
provided the land owner documents the use existed on May
12, 2003, and has existed continuously thereafter.
Subsection 6-500(B): Steep Slopes
(d) Road Crossings

Roads, vehicular crossings, and pedestrian trails when such
facilities are built in accordance with the standards and
dedicated for public use after completion. The dedication of
such facilities to a bona fide homeowner's association shall
be considered a public use for the purposes of this sub-
section.
(e) Emergency Operations

Activities associated with emergency operations, such as
hazardous materials removal, flood or fire control,
evacuations, and storm damage clean up.
6-500(B) Steep Slopes

This section is intended to protect resources in environmentally
sensitive areas with steep slopes or significant changes in
topographic elevation of relatively short distances. This section is
intended to ensure development does not result in erosion, flooding,
and destruction of surface water quality from sedimentation during
the development process.
(2) Applicability
The standards of this section apply to all lands with natural slopes of
fifteen percent (15%) or greater.
(3) General Design Standards

Land disturbing activities occurring on lands subject to this sub-
section shall comply with the following standards:
(a) Disturbance Minimized on Slopes of 15% or Greater

Any grading, tree removal, or other site disturbance of slopes
exceeding fifteen (15%) percent shall be minimized, to the
(b) Disturbance Prohibited on Slopes of 25% or Greater

Grading, tree removal, or other site disturbance shall be
prohibited on slopes exceeding twenty-five percent (25%),
except under the following circumstances.
1. Grading for a portion of a driveway to access a single-family
detached dwelling, when it can be demonstrated that no other
routing which avoids slopes exceeding twenty-five percent (25%) is
possible.
2. Upon submission of a report by a certified soil or geotechnical

engineer indicating that the steep slope may be safety developed
and execution of a provision agreeing to hold the City harmless
from any claims of damages due to approval of such development.
Subsection 6-500(C): Flood Hazard Areas
If development is allowed to proceed under this sub-section, no

more than fifteen percent (15%) of such areas shall be developed
and/or re-graded or stripped of vegetation.
3. Finished slopes of all cuts and fills shall not exceed three-to-one
(3:1), unless the applicant can demonstrate that steeper slopes can
be stabilized and maintained adequately.
(c) Development Design

To the maximum extent practicable, development shall be
sited on existing level areas of a site. In cases where there is
insufficient level area, development shall be designed so as
to minimize the amount of alteration to the slope. Multi-level
building design and/or terracing shall be used except where a
geologic hazard investigation report recommends otherwise.
(d) Stormwater Management

Stormwater management devices and best management
practices shall be used in accordance with the standards in
Section 6-500(D), Stormwater Management and Sediment
Control, to maintain the preconstruction amount of runoff
during and after land disturbing activities. Areas with slopes
in excess of fifteen percent (15%) shall be planted or
otherwise provided with ground cover, devices, or structures
sufficient to restrain erosion within a reasonable period of
time (exclusive of days where seed bed preparation is not
possible due to poor weather conditions).
6-500(C) Flood Hazard Areas

Development within floodplains, floodways, flood fringes, and other flood
hazard areas shall comply with the standards Chapter 10, Article 9 of the
City Code of Ordinances.
6-500(D) Stormwater Management and Sediment Control

(1) Purpose
These standards set out the basic standards for all stormwater
management and sediment control devices, activities, and practices
undertaken within the City.
(2) Standards
(a) Compliance with Stormwater Management and Sediment Control
Plan
Stormwater and sediment control devices located and
operated in accordance with an approved Stormwater
Management and Sediment Control Plan shall comply with
the standards in the approved plan as well as the standards
Subsection 6-500(D): Stormwater Management and Sediment Control
in Section 2-300(J), Stormwater Management and Sediment

Control Plans.
(b) Minimum Design Requirements

Provisions for stormwater runoff control during the land
disturbing activity and during the life of the facility shall meet
the following minimum design requirements:
1. Post development peak discharge rates shall not exceed pre-
development discharge rates for the two (2) and ten (10) year
frequency twenty-four (24) -hour duration storm event for sites
disturbing one acre and greater unless the Director of Development
Services requires a less frequent storm event.
2. Off-site discharges of closed storm sewers or improve open

channels will be permitted only at natural streams or man-made
drainage channels. Discharge velocities shall be reduced to
provide a non-erosive velocity flow from a structure, channel, or
other control measure or the velocity of the ten (10) year twenty-
four (24) -hour storm runoff in the receiving waterway prior to the
land disturbing activity, whichever is greater.
3. Design criteria for channel modification will be as follows:
a. Open Channels
Open channels shall be provided with an improved cross
section that will carry the runoff from the appropriate
design rainfall and preclude the creation of backwater
inundation of any area outside dedicated drainage
easements.
b. Closed Storm Sewer and Culverts

Closed storm sewers and culverts shall be constructed of
prefabricated pipe or box design, in conformance with
standards adopted by the City of Rock Hill. They shall be
sized to carry the runoff from the appropriate design
rainfall and to preclude the creation of backwater
inundation of any area outside dedicated drainage
easements.
c. Bridges
Bridge design shall be in accordance with South Carolina
Department of Transportation standards and
specifications.
4. When work in a live waterway is performed, precautions shall be

taken to minimize encroachment, to control sediment transport, and
to stabilize the work area to the greatest extent possible during
construction.
5. Vehicle tracking of sediments from land disturbing activities onto

paved roads shall be minimized and cleaned up daily.
6. The Stormwater Management and Sediment Control plan shall not

be implemented until all Federal and State permits regarding
wetlands management have been obtained.
7. Ease of maintenance must be considered as a site design

component. Access to the stormwater management structure must
be provided.
8. Sediment basins and traps shall be designed to achieve an eighty

percent (80%) efficiency in removing suspended solids from the
discharge effluent from a site or 0.5 ML/L peak settable solids
concentration, which ever is less. The efficiency shall be calculated
for disturbed conditions for the ten (10) year and twenty-four (24) -
hour design storm.
9. Stormwater runoff and drainage to a single outlet from land

disturbing activities which disturb ten (10) acres or more shall be
controlled during the land disturbing activity by a sediment basin
where sufficient space and other factors allow these controls to be
used until the final inspection. The outfall device or system design
shall take into account the total drainage area flowing through the
disturbed area to be served by the basin.
10. A regional approach to stormwater management is an acceptable

alternative to site specific requirements and is encouraged.
(c) Mosquito Control

All stormwater management and sediment control practices
shall be designed, constructed and maintained with
consideration for the proper control of mosquitoes and other
vectors. These requirements shall be part of the required
inspection and maintenance agreement, and include, but are
not limited to:
1. The bottom of retention and detention ponds should be graded and
have a slope not less than 0.5 percent. There should be no
depressions in a normally dry detention facility where water might
pocket when the water level is receding.
2. Normally dry swales and detention pond bottoms should be utilized

in permanently wet structures to prevent an overgrowth of
vegetation in the pond. Manual harvesting is preferred.
3. Fish may be stocked in permanently wet retention and detention

ponds.
4. Normally dry swales and detention pond bottoms should be

constructed with a gravel blanket or other measures to minimize the
creation of tire ruts during maintenance activities.
(d) Drainage Easements

Drainage easements shall be provided as follows:
1. Underground Stormwater Easement
Where development is traversed by a stormwater management

system, adequate areas for storm drainage shall be allocated.
The easement shall conform substantially to the lines of such
system, and be sufficient width to convey stormwater. Adequate
access for maintenance and equipment shall be required.
Generally, for underground stormwater drainage the minimum
width of the easement shall not be less than twenty (20) feet.
2. Open Channel Easement

A drainage easement of not less than twenty (20) feet shall be
provided for all open swale channels. For channels which drain
into a collector, or a main channel, or into a piped drainage
system, the width of the drainage easement shall be equal to the
maximum top channel width plus an additional twenty (20) feet,
with at least fifteen (15) feet on one side of the previously
measured top channel width. In all cases, except natural
drainage, channels should have the sides sloped and protected to
minimize erosion.
3. Other Standards
a. Drainage easements shall be cleared as necessary to
provide for anticipated maintenance.
b. Access easements shall be a minimum of twenty (20)

feet in width.
c. All easements required under this section shall be

submitted as part of the Stormwater Management and
Sediment Control Plan and subsequently recorded at the
York County Court House.
d. A deed of property referencing the easement shall be

returned to the City after recordation. It shall be a
violation of this ordinance not to record or return the
necessary documentation related to the easement.
(e) Use of Ponds

1. The use of measures other than ponds to achieve water quality
improvement is recommended on sites containing less than ten
acres.
2. Where ponds are the proposed method of control, the person

responsible for the land disturbing activity shall submit to the
approving agency, when required, an analysis of the impacts of
stormwater flows downstream in the watershed for the ten (10) and
one hundred (100) year frequency storm event. The analysis shall
include hydrologic and hydraulic timing modifications of the
proposed land disturbing activity, with and without the pond. The
results of the analysis will determine the need to modify the pond
design or to eliminate the pond requirement. If a clearly defined
downstream point of constriction is not available, the downstream
impacts shall be established with the concurrence of the
3. When ponds are used for water quality protection, the ponds shall
be designed as both quantity and quality control structures.
Sediment storage volume shall be calculated considering the clean
out and maintenance schedules specified by the designer during
the land disturbing activity. Sediment storage volumes may be
predicted by the Universal Soil Loss equation.
4. Permanent water quality ponds having a permanent pool shall be

designed to store and release the first 0.5 inch of runoff from the
site over a twenty-four (24) -hour period. The storage volume shall
be designed to accommodate, at least, 0.5 inch of runoff from the
entire site.
5. Permanent water quality ponds, not having a permanent pool, shall

be designed to release the first inch of runoff from the site over a
twenty-four (24) -hour period.
(f) Infiltration Practices

Infiltration practices have certain limitations on their use on
certain sites. These limitations include the following items:
1. Permanent infiltration practices, when used, shall be designed to
accept, at a minimum, the first inch of runoff from all impervious
surfaces.
2. Areas draining to these practices must be stabilized and vegetative

filters established prior to runoff entering system. Infiltration
practices shall not be used if a suspended solids filter system does
not accompany the practice. If vegetation is the intended filter,
there shall be, at least a twenty (20) foot length of vegetative filter
prior to stormwater runoff entering the infiltration practice;
3. The bottom of the infiltration practice shall be at least 0.5 feet above
the seasonal high water table, whether perched or regional,
determined by direct piezometer measurements which can be
demonstrated to be representative of the maximum height of the
water table on an annual basis during years of normal precipitation,
or by the depth in the soil at which mottling first occurs;
4. The infiltration practice shall be designed to completely drain water

within seventy-two (72) hours;
5. Soils must have adequate permeability to allow water to infiltrate.

Infiltration practices are limited to soils having an infiltration rate of
at least 0.3 inches per hour. Initial consideration will be based on a
review of the appropriate soil survey, and the survey may serve as
a basis for rejection. On-site soil borings and textural classifications
must be accomplished to verify the actual site and seasonal high
water table conditions when infiltration is to be utilized;
6. Infiltration practices greater than three (3) feet deep shall be located
at least ten (10) feet from basement walls;
7. Infiltration practices designed to handle runoff from impervious

parking areas shall be a minimum of one hundred fifty (150) feet
from any public or private water supply well;
8. The design of an infiltration practice shall provide an overflow

system with measures to provide a non-erosive velocity of flow
along its length and at the outfall;
9. The slope of the bottom of the infiltration practice shall not exceed
five percent (5%). Also, the practice shall not be installed in fill
material as piping along the fill/natural ground interface may cause
slope failure;
10. An infiltration practice shall not be installed on or atop a slope

whose natural angle of incline exceeds twenty percent (20%).
11. Provide clean outs at minimum of every one hundred (100) feet
along the infiltration practice to allow for access and maintenance.
(3) Maintenance and Inspection

Temporary and permanent erosion, sedimentation, and stormwater
management facilities, once installed and after a final inspection has
been completed, shall be maintained in one of the following
manners:
(a) Facilities Maintained by Owner

1. The owner of the property on which work has been done pursuant
to this Ordinance, or any other person or agent in control of such
property, shall maintain in good condition and shall promptly repair
and restore all grade surfaces, walls, drains, dams and structures
vegetation, erosion and sediment control measures, and other
protective devices. Such repairs or restorations and maintenance
shall be in accordance with the approved plan.
2. The facilities to be maintained by the owner shall provide adequate

access to permit City, or State authorities to inspect and, if
necessary, to take corrective action. If the owner or any other
person or agent in control of such property fails to maintain properly
the facilities for which he is responsible under the provisions of this
ordinance, the Director of Development Services shall give such
owner, person or agent in control written notice describing
specifically the deficiency. If the owner, person or agent fails, within
ten (10) days from the date of receipt of such notice, to take or
commence corrective action, such owner, person or agent shall be
subject to the penalties found in Article 9: Enforcement.
(b) Facilities Maintained by City

All facilities to be maintained by the City must be designed
and constructed in accordance with the requirements of this
Ordinance and all such facilities shall be dedicated to the City
by deed with attached record drawings, after the City has
Section 6-600: Open Space Standards
accepted the conveyance of such facilities. Such deed shall

include sufficient easements to permit the City to properly
maintain such facilities. Any facilities conveyed by the City
under the provisions of this Ordinance shall contain a
covenant obligating the grantor to be responsible for the
maintenance of such facilities for a period of two (2) years
after such facilities have been accepted by the City.
6-600 OPEN SPACE STANDARDS

6-600(A) Purpose
This section addresses the character and design of those portions of
development that are not occupied by platted lots or streets and that are
reserved for parks, trails, landscaping, and other open space uses. The
standards of this section apply regardless of whether or not the land
involved will be dedicated to the City, and regardless of whether or not
such open space will be open to the public or to other residents of the
development.
6-600(B) Applicability of Open Space Standards

(1) General
Unless exempted in accordance with Section 6-600(B)(2), Open
Space Exemptions, the provisions of this section shall apply to
development of all land in the City subject to Subdivision (see
Section 2-300(I)), Site Plan (see Section 2-300(H)), or Planned
Development (See Section 2-300(B)) standards.
(2) Open Space Exemptions

Development in the Downtown (DTWN) district is exempted from
this section.
6-600(C) General Open Space Standards

(1) Amounts of Open Space Required
Development shall provide at least the minimum amounts of open
space identified in Table 6-600(C), Required Open Space Set-Aside
below:
TABLE 6-600(C): REQUIRED OPEN SPACE SET-ASIDE
FIGURES ARE MINIMUM PERCENTAGES OF THE TOTAL PROJECT AREA TO BE PRESERVED AS PERMANENT
OPEN SPACE
NON-RESIDENTIAL AND
LOCATION RESIDENTIAL DEVELOPMENT
MIXED-USE DEVELOPMENT
Old Town 10% 10%
All other areas 20% 15%
Subsection 6-600(C): General Open Space Standards
(2) Calculation of Open Space Set-Aside

For the purposes of complying with this section:
(a) Unique Features

Natural features (riparian areas, wetlands, wildlife corridors,
steep slopes, etc.), natural hazard areas (floodplains, karst
areas, etc.), water features (drainage canals, ditches, lakes,
natural ponds, streams, rivers, etc.), and wildlife habitat areas
for threatened and endangered species shall be counted
towards the open space set-aside.
(b) Required Landscaping and Tree Protection Zones

Except for areas devoted to internal landscaping within a
vehicular use area, areas occupied by required landscaping,
Tree Protection Zones, or critical root zones for Heritage
Trees shall be counted towards the open space set-aside.
(c) Active Recreational Areas

Land occupied by active recreational uses such as pools,
playgrounds, tennis courts, jogging trails, and clubhouses
used primarily for recreation purposes shall be counted
toward the minimum open space set-aside.
(d) Passive Recreational Areas

Passive recreation areas shall be counted towards the open
space set-aside.
(e) Stormwater Management Devices

Land area occupied by stormwater management devices,
including retention ponds, fully vegetated detention basins,
and other bio-retention devices shall be counted towards the
open space set-aside when such features are treated as a
site amenity, and support passive or active recreation uses
by providing access, gentle slopes less than three-to-one
(3:1), and pedestrian elements such as paths, benches, and
similar aspects.
(f) Land Within Lots Subject to Easements

Land within the boundary of a private lot, if it is subject to a
conservation easement shall be counted towards the open
space set-aside.
(g) Not Counted as Open Space

The following areas shall not be counted as open space set-
aside:
1. Private yards not subject to an open space or conservation
easement;
2. Public or private street rights-of-way, including sidewalks located

within those rights-of-way;
3. Open parking areas and driveways for dwellings;
4. Land covered by structures not designated for active recreational

uses; and
5. Designated outdoor storage areas.
(3) Design Standards for Open Space Set-Asides

Land set aside as open space set-asides shall meet the following
design standards:
(a) Location
Where relevant and appropriate, open space shall be located
so as to be readily accessible and useable by residents and
uses of the development. Where possible, a portion of the
open space should provide focal points for the development.
(b) Configuration
The lands shall be compact and contiguous unless the land is
used as a continuation of an existing trail, or specific natural
or topographic features require a different configuration.
(c) Adjacent to Existing or Planned Open Space

Where open areas, trails, parks, or other public spaces are
planned or exist adjacent to the parcel, the open space shall,
to the maximum extent practicable, be located to adjoin,
extend, and enlarge the presently existing trail, park, or other
open area land.
(d) Prioritization of Open Space Set-Aside

To the maximum extent practicable, the open space set-aside
should be located and organized to include, protect, or
enhance as many of the following open areas and features as
possible:
1. Natural features such as riparian areas, wetlands, wildlife corridors,
steep slopes, mature trees (four- (4) inch caliper or greater), rock
outcroppings, and natural hazard areas;
2. Water features such as drainages, canals, ditches, lakes, natural

ponds, and retention and detention ponds;
3. Landscaped buffers or visual transitions between different types or

intensities of uses;
4. Natural or geologic hazard areas or soil conditions, such as

unstable or potentially unstable slopes, faulting, landslides,
rockfalls, expansive soils, or floodplains;
5. Habitat for endangered species; and
6. Areas that accommodate multiple compatible open space uses

rather than a single use.
FIGURE 6-600(A): OPEN SPACE SET-ASIDE
(e) Minimum Percentage Devoted to Active Recreation

1. In cases where land is proposed for development of residential
uses, a minimum of twenty percent (20%) of the open-space set-
aside shall be reserved for active recreation uses as described in
Section 6-600(C)(4), Allowable Uses in Open Space Set-Asides,
but in no instance shall active recreation land exceed more than
seventy-five percent (75%) of the total amount of open-space set
aside.
2. In cases where the required open space set-aside percentage has

been met through application of credit from a required Tree
Protection Zone (see Section 6-200(C)), or requirement to protect a
Heritage Tree (see Section 6-200(D)), or located in a conservation
subdivision (see Section 7-200), the reservation of twenty percent
(20%) for active recreational uses is not required.
(f) Provision in Multi-Phase Developments

In cases where less than one hundred percent (100%) of the
total amount of open space set-aside is not provided within
the first phase of a multi-phase development, the balance of
remaining open space set-aside required shall be
apportioned into equal amounts in each of the subsequent
phases (for example if a three (3) –phase development is
required to provide a total of twelve (12) acres of open space
set-aside, and provides only six (6) acres in the first phase,
no less than three (3) acres (twenty-five percent (25%) of the
Subsection 6-600(D): Ownership of Open Space Set-Asides
total amount of open space set-aside) shall be provided in

phase two of the development).
(4) Allowable Uses in Open Space Set-Asides

Open space set-aside areas shall not be developed with any
structures except for the following:
(a) Active Recreation Uses

Facilities for active recreation, including but not limited to:
benches or other seating areas; pedestrian scaled lighting;
gazebos or other decorative structures; fountains or other
water features; play structures for children; gardens or
seasonal planting areas; pools; athletic fields; courts; and
clubhouses used primarily for recreational purposes
(equipment or structures for such uses shall be indicated on
the Site Plan, Preliminary Plat for Subdivision, or PD Master
Plan).
(b) Passive Recreational Uses

Passive recreational and educational purposes, including but
not limited to walking, jogging, biking, picnicking, fishing,
preservation of natural areas and scenic resources, parks,
environmental education, and wildlife habitat protection.
(c) Conversion of Uses

Nothing in this subsection shall be construed to prevent the
conversion of one or more active recreational features,
provided:
1. The conversion does not violate a condition of approval or
applicable PD Terms and Conditions;
2. The minimum number of active recreational features required in

Table 6-800(A), Active Recreation Features, is maintained;
3. The converted amenity feature obtains any required site plan or

other approvals; and
4. The converted feature complies with the standards in Section 6-

600, Open Space Standards.
6-600(D) Ownership of Open Space Set-Asides

(1) Dedicated to Homeowner’s or Property Owner’s Association
Wherever possible, all open space set-aside areas shall be owned
jointly or in common by the owners of the development through a
recognized Homeowner’s or Property Owner’s Association, which
should be established in accordance with the following:
Section 6-700: Exterior Lighting Standards
Subsection 6-600(E): Maintenance of Open Space Set-Asides
(a) The landowners shall submit documents for the creation of the
Homeowners or Property Owners Association to the City for review and
approval, including its bylaws, and all documents governing ownership,
maintenance, and use restrictions for the open space set-aside, including
a legal description of such areas;
(b) The landowner shall agree that the association shall be established by the
landowner or applicant and shall be operating (with financial subsidization
by the owner or applicant, if necessary) before approval of the first Final
Plat for Subdivision of the land, or Building Permit, whichever occurs first;
and
(c) Membership in the association shall be automatic (mandatory) for all

purchasers of land therein and their successors in title.
(2) Retained on Private Lots

All required open space set-aside areas maintained on individual
building lots shall be protected as open space through the use of an
easement prohibiting future development of the open space, except
in accordance with this section. Such open space shall be clearly
marked on the Site Plan and Preliminary and Final Plats for
Subdivision. Any required open space areas subject to an open
space easement shall be credited against any open space set-aside
required.
(3) Dedicated to City

In some cases, certain lands designated as open space set-aside
areas, such as floodplains, may be dedicated to the City during the
development review process. The City Council shall determine
which lands and under what conditions such dedications will be
accepted by the City.
6-600(E) Maintenance of Open Space Set-Asides

The owner of the land shall be responsible for maintenance of all open
space set-aside areas unless dedicated to the City. Failure to maintain
open space set-aside areas or other community facilities in accordance
with the approved Site Plan, (see Section 2-300(H)), Final Plat for
Subdivision (see Section 2-300(I)(5)(f)), or PD Master Plan (see Section 2-
300(B)), shall be a violation of this Ordinance.
6-700 EXTERIOR LIGHTING STANDARDS

6-700(A) Purpose
All site lighting shall be designed and installed to maintain adequate
lighting levels on site and provide security for persons and land, through
the use of fixtures that are durable, yet avoid the use of tall light fixtures
that unnecessarily disperse light and glare to surrounding lands.
Subsection 6-700(B): Applicability
(1) General
Unless exempted in accordance with Section 6-700(C), Exemptions,
the provisions of this section shall apply to multiple family dwellings,
single-family attached dwellings, townhouses, two- to four-family
dwellings, Public and Institutional uses, Commercial uses, and
Industrial and Related Uses.
(2) Time of Compliance

A lighting plan shall be submitted with an application for a Site Plan
(see Section 2-300(H)), Preliminary Plat for Subdivision (see
Section 2-300(I)(5)(b)), PD Master Plan (see Section 2-300(B)), or
Zoning Permit (see Section 2-300(O)), whichever is appropriate.
6-700(C) Exemptions
The standards of this section shall not apply to City-owned, operated, or
maintained street lights located within a street right-of-way or other
easement granted to the City.
6-700(D) General Standards for Exterior Lighting

(1) Hours of Illumination
Lands on which Public and Institutional uses, Commercial uses, and
Industrial and Related uses are located (see Table 4-100(B), Table
of Allowed Uses) that are adjacent to existing residential
development or vacant land in Residential districts shall turn off all
exterior lighting by 10:00 P.M. or during non-operating hours, except
lighting that is necessary for security or emergency purposes. Such
lighting may be activated by motion sensor devices. For the
purposes of this subsection, lighting “necessary for security or
emergency purposes” shall be construed to mean the minimum
amount of exterior lighting necessary to illuminate possible points of
entry or exit into a structure, to illuminate exterior walkways, or to
illuminate outdoor storage areas.
(2) Illumination Direction

In all districts, lighting of non-residential development shall be
directed downward. In addition, upwardly-directed lighting shall not
be used to illuminate structures, except for low-wattage architectural
lighting.
6-700(E) Design Standards for Exterior Lighting

All exterior lighting shall meet the following standards:
Subsection 6-700(E): Design Standards for Exterior Lighting
(1) Maximum Lighting Height

(a) Except for outdoor sports fields or performance areas, outdoor lighting
shall be no greater than twenty (20) feet in height, whether mounted on
poles or walls or by other means.
(b) Wherever possible, illumination of outdoor seating areas, building

entrances, and walkways shall be accomplished by use of ground
mounted fixtures not more than four (4) feet in height.
(2) Shielding
(a) Exterior
Light fixtures in excess of sixty (60) watts or one hundred
(100) lumens shall use full cut-off lenses or hoods to prevent
glare or spillover from the project site onto adjacent lands and
streets.
(b) Interior
No interior light source shall be positioned, aimed, or
configured so as to result in the light source being visible
from land occupied by existing residential development.
(c) Canopies
No light source in a canopy structure shall extend downward
further than the lowest edge of the canopy ceiling.
(d) Awnings
Awnings or canopies used for building accents over doors,
windows, etc., shall not be internally illuminated (i.e. from
underneath or behind the awning).
(3) Maximum Light Levels

(a) All outdoor lighting and indoor lighting visible from outside shall be
designed and located so that the maximum illumination measured in
footcandles at a property line shall not exceed the standards in Table 6-
700(D), Maximum Illumination Values. Cut-off lighting shall be designed
to direct light downward (e.g., shoe box style).
TABLE 6-700(D): MAXIMUM ILLUMINATION VALUES*

(REGARDLESS OF LIGHT TYPE)
MAXIMUM ILLUMINATION AT
USE PROPERTY LINE
(IN FOOTCANDLES)
Residential; Public and Institutional 0.5
Commercial 2.5
Service and Industrial/Edge of right-of-way 2.5
No less than 0.2 and no greater
Parking Lots
than 2.5
Subsection 6-700(F): Wall-mounted Lights
(4) Uniformity Ratios

In order to maintain uniformity in light levels across a development,
and prevent or minimize dark areas, the ratio of maximum to
minimum lighting levels on a given site or parcel of land as
measured in footcandles at ground level, shall not exceed fifteen-to-
one (15:1) in the Residential districts or ten-to-one (10:1) in the
Business and Planned Development districts. Parking lots shall
maintain the same uniformity ratios as the principal use they serve.
In the cases of mixed uses, the uniformity ratios for Business and
Planned Development districts shall apply.
(5) Direction of Lighting

(a) No light source shall be directed outward toward property boundaries or
adjacent right-of-way.
(b) Low intensity architectural lighting may be used to illuminate individual

structures or landscaping materials provided the maximum illumination
values comply with the standards in Table 6-700(D), Maximum
Illumination Values.
(6) Distance from Property Line

All exterior lighting fixtures shall be located a minimum of ten (10)
feet from a property line or five (5) feet from a right-of-way line and
shall not be located within a required landscaping area unless they
are located at the interior edge.
(7) Hue
Lighting sources shall be color-neutral types such as halogen or
metal halide. Light types of limited spectral emission such as low-
pressure sodium or mercury vapor lights, are prohibited.
6-700(F) Wall-mounted Lights

Wall-mounted lights shall be fully shielded luminaries (such as shoebox or
can style fixtures) to prevent the light source from being visible from any
adjacent residential property or public street right-of-way. Nothing in this
subsection shall prevent the use of sconces or other decorative lighting
fixtures provided that the source of illumination is not visible from adjacent
lands used or zoned for residential purposes, and provided that the
maximum illumination values comply with the standards in Table 6-700(D),
Maximum Illumination Values.
6-700(G) Floodlights and Spotlights

Floodlights and spotlights shall be selected, located, aimed, and shielded
so that direct illumination is focused exclusively on a portion of the building
façade or other intended site feature and away from adjoining lands or the
right-of-way. On-site lighting may be used to accent architectural elements
but shall not be used to illuminate entire portions of building(s). Such
Subsection 6-700(H): Wall Pack Lights
lighting shall be installed in a fixture that is shielded so that no portion of

the light bulb extends below the bottom edge or above the top edge of the
shield, and the main beam from the light source is not visible from adjacent
lands of the adjacent right-of-way. Floodlights or other type of lighting
attached to light poles that illuminate the site and/or building(s) are
prohibited.
6-700(H) Wall Pack Lights

Wall packs on buildings may be used at entrances to a building to light
unsafe areas. They are not intended to draw attention to the building or
provide general building or site lighting. "Wall Packs" on the exterior of the
building shall be fully shielded (true cut-off type bulb or light source not
visible from off-site) to direct the light vertically downward and be of low
wattage (preferably one hundred (100) watts or lower). Wall pack lights
visible from any location off the site are prohibited.
6-700(I) Exemptions for a Security Plan
Government facilities, parks and open areas, public safety, and other uses
where sensitive or dangerous materials are stored may submit to the
Development Services Director a site security plan requesting exterior
lighting that deviates from the standards in this subsection. The
Development Services Director shall approve the site security plan, or
approve it with conditions, upon a finding:
(a) Necessary for Public Safety

The deviation from the standards in the section are
necessary for the adequate protection of the public;
(b) Site/Area Conditions

The condition, location, or use of the land, or the history of
activity in the area, indicates the land or any materials stored
or used on it are in significantly greater danger of theft or
damage, or members of the public are at greater risk for harm
than on surrounding land; and
(c) No Significant Adverse Effect

The deviation from the standards in this section indicated in
the site security plan are the minimum required, and will not
have a significant adverse effect on neighboring lands.
6-700(J) Illumination of Outdoor Sports Fields and Performance Areas

Lighting of outdoor sports fields and performance areas shall comply with
Subsection 6-700(K): Sign Lighting
(1) Glare Control Package

All lighting fixtures shall be equipped with a glare control package
(e.g., louvers, shields, or similar devices), and the fixtures shall be
aimed so that their beams are directed and fall within the primary
playing or performance area; and
(2) Hours of Operation

The hours of operation for the lighting system for any game or event
shall not continue more than thirty (30) minutes after the end of the
game or event.
6-700(K) Sign Lighting

Lighting fixtures illuminating signs shall comply with the standards of this
section, and such fixtures shall be aimed and shielded so that direct
illumination is focused exclusively on the sign face.
Section 6-800: Design Standards
Subsection 6-800(A): Community Design Standards
6-800 DESIGN STANDARDS

6-800(A) Community Design Standards
(1) Applicability
(a) General
These Community Design standards apply to all development
in the City that is subject to Site Plan (Section 2-300(H)),
Subdivision (2-300(I)) and Planned Development (Section 2-
300(B)), unless it is exempted in accordance with Section 6-
800(A)(1)(b), Exemptions.
(b) Exemptions
Special Redevelopment Areas are exempted from the
requirements of this section.
(c) Time of Review

Review of proposed development to ensure compliance with
the standards of this section shall occur at time of Site Plan
(Section 2-300 (H)), Minor Subdivision (Section 2-300(I)(4)),
Preliminary Plat for Subdivision (Section 2-300(I)(5)(b)), or
Planned Development (Section 2-300(B)), as appropriate.
(2) General Community Design Standards

Development subject to the requirements of this section shall
comply with the following standards.
(a) Street Design

1. Design Speed
Alleys, one-way, place, lane, and sub-collector streets shall be
designed in accordance with Section 7-100(B)(1)(b), Street
Design Standards, and in no event shall they be designed for a
maximum speed in excess of twenty-five (25) miles an hour.
2. Street Width
Street widths shall be minimized to the maximum extent
practicable, but in all instances shall comply with Section 7-
100(B)(1)(b), Street Design Standards, and Table 7-100(B)(1),
Street Specification Standards.
3. Curb Return Radii

Curb return radii shall be minimized to the maximum extent
practicable.
4. Traffic Calming Measures

a. Minimal street widths, short block lengths, on-street
parking, controlled intersections, roundabouts, and other
traffic calming measures shall be used on all one-way,

place, lane, and sub-collector streets to the maximum
extent practicable.
b. In cases where residential development has been

organized around a grid street network, measures to
interrupt or terminate long vistas exceeding twelve
hundred (1,200) feet in length shall be employed to the
maximum extent practicable. Such measures shall
include, but shall not be limited to:
i. Curvilinear street segments;
ii. Street jogs or off-sets designed to require

vehicles to slow their travel speed;
iii. Street chicanes or neckdowns;
iv. Terminated vistas; and
v. Stop signs at street intersections.
5. Accommodation of New Streets

Development shall be designed and located to accommodate
existing and proposed streets in accordance with Section 7-
100(B)(1)(a), Consistency with Transportation Plan.
6. Fronting onto Streets

Except as exempted in Section 6-800(C)(2)(a), Fronting a Street,
buildings shall be designed and located so that the front facade
fronts onto its associated street. The front façade shall be
defined as including the building’s primary entrance as
determined by the entrance’s function, scale and/or design detail.
7. Primary Drive Aisles

Primary drive aisles shall be constructed in accordance with the
standards in Section 6-100(H)(4), Primary Drive Aisles.
(b) Internal Street Connectivity

1. Connectivity Index
a. All development shall achieve a connectivity index score
of 1.65 or greater.
b. The connectivity index for a development is calculated by

dividing its links by its nodes. Figure 6-800(A)(2),
Calculation of Connectivity, provides an example of how
to calculate the connectivity index. Nodes (stars) exist at
street intersections and cul-de-sac heads within the
development. Links (circles) are stretches of road that
connect nodes. Street stub-outs are considered as links,
but temporary dead-end streets internal to a development
or alleys shall not be counted as links. One link beyond
every node that exists in the development and provides
access to the Greater City Street System shall be
included in the index calculation. In the diagram, there
are thirty-six (36) links (circles) and twenty-one (21)
nodes (stars); therefore the connectivity index is 1.71
(36/21 = 1.71).
FIGURE 6-800(A)(2): CALCULATION OF CONNECTIVITY
c. The Connectivity Index standard of 1.65 or greater may

be reduced in accordance with the standards in Section
2-300(F), Administrative Adjustment, if the
owner/developer demonstrates it is impossible or
impracticable to achieve due to topographic conditions,
natural features, or adjacent existing development
patterns.
d. Whenever cul-de-sac streets are created, at least one (1)

eight- (8) foot wide pedestrian access easement shall be
provided, to the extent practicable, between each cul-de-
sac head or street turnaround and the sidewalk system of
the closest adjacent street or pedestrian pathway.
2. Cul-de-sacs and Temporary Dead-end Streets

Cul-de-sacs and dead-end streets shall comply with the
standards in Section 7-100(B)(1)(e), Cul-de-sac and Temporary
Dead-End Streets.
FIGURE 6-800(A)(3): PEDESTRIAN CONNECTION
(c) External Street Connectivity

1. The arrangement of streets in a development shall provide for the
alignment and continuation of existing or proposed streets into
adjoining lands in those cases in which the adjoining lands are
undeveloped and intended for future development or in which the
adjoining lands are developed and include opportunities for such
connections.
2. Street rights-of-way shall be extended to or along adjoining property

boundaries such that a roadway connection or street stub shall be
provided for development at least every one thousand-five hundred
(1,500) feet for each direction (north, south, east, and west) in
which development abuts vacant lands.
3. At all locations where streets terminate with no street connection,

but a future connection is planned or accommodated, a sign shall
be installed at the location with the words “FUTURE ROAD
CONNECTION” to inform property owners.
4. The Final Plat for Subdivision (see Section 2-300(I)(5)(f)) shall

identify all stub streets and include a notation that all street stubs
are intended for connection with future streets on adjoining
undeveloped property.
(d) Access to Individual Lots

1. Alleys
a. Alleys meeting the standards in Table 7-100(B)(1), Street
Specification Standards, shall be provided along the rear
property lines of lots intended for new single-family
detached and attached, townhouse, and two- to four-
family dwellings when such lots:
i. Are part of a block face with an average lot width

of fifty-five (55) feet or less at the building
setback line (excluding lots on cul-de-sacs); or
ii. Front a collector or arterial street (regardless of

the average lot width).
b. Lots served by alleys in accordance with subsection (a)

above shall access garages and/or off-street parking
areas from the alley as opposed to a street.
c. Lots served by alleys in accordance with subsection (a)

above shall not have driveways in front or corner side
yard areas.
2. No Direct Access to Arterial Streets

Driveways serving individual lots shall not have direct access
onto arterial streets, unless no alternative means of access, such
as alleys or parallel access streets, exists, and it is unreasonable
or impractical to require an alternative means of access.
3. Limited Access to Collector Streets

Unless no alternative means of access exists, such as alleys or
parallel access streets, and it is unreasonable or impractical to
require an alternative means of access, direct driveway access to
collector streets shall be limited to lots containing multiple family
dwellings, commercial, and industrial and related uses (see Table
4-100(B), Table of Allowed Uses), provided that driveway
separation of two hundred (200) linear feet or more per street
side is maintained.
4. Maximum Driveway Widths

Driveways providing parking for all development shall not exceed
twenty-four (24) feet in width, unless it is determined that a larger
width is required because of projected traffic volumes, or the
driveway serves a surface parking lot of five hundred (500) or
more spaces (see Section 6-100(H)(4)), Primary Drive Aisles).
(e) Block Design

1. Block Length
The average block length in a development shall not exceed six
hundred (600) linear feet between the right-of-way edges of
intersecting streets. Except in cases where environmental or
topographic constraints exist, or the property has an irregular
shape, no individual block shall exceed a maximum length of

eight hundred (800) linear feet.
2. Block Width
To the maximum extent practicable, the width of any block shall
be sufficient to permit at least two (2) tiers of lots of appropriate
depth for the zone district exclusive of any public alleys,
watercourses, or other rights-of-way located outside platted lots.
3. Pedestrian Pathways
a. Public rights-of-way not less than eight (8) feet in width
shall be provided for pedestrian pathways in accordance
with the standards in Section 6-800(A)(2)(b), Internal
Street Connectivity.
b. In cases where a block length exceeds eight hundred

(800) feet, sidewalks meeting the construction standards
of Appendix 7-A shall be provided mid-block, if
practicable, to connect parallel streets on the long side of
the block.
(f) Sidewalks
1. Minimum Standards
Sidewalks shall comply with the standards in Section 7-100(B)(3),
Sidewalks.
2. Internal Pedestrian Access

All multi-family, public and institutional, commercial, and industrial
and related uses shall provide at least one (1) improved internal
pedestrian access to connect all new buildings to existing or
planned sidewalks in the adjacent public right-of-way.
(g) Street Trees

1. Required on Both Sides of the Street
Street trees shall be planted on both sides of every street (except
alleys) with a maximum average on-center spacing of forty (40)
feet.
2. Location
Street trees shall be planted within a planting strip having a
minimum width of seven (7) feet between the back of the curb
and the sidewalk, with street trees located a minimum of three
and one-half (3½) feet from the back of the curb. The
Development Services Director may specify an alternate location
in cases where street trees have a strong potential to conflict with
utilities.
FIGURE 6-800(A)(4): STREET TREE LOCATION
3. Species
Permitted street trees are those identified as Canopy Trees in
Appendix 6-A.
4. Credit for Existing Vegetation

Existing canopy trees, or trees planted as part of a streetscape in
accordance with Section 6-300(G), Streetscape Landscaping,
located within ten (10) feet of the right-of-way edge shall be
credited towards the requirements of this subsection.
Measurement of existing trees shall be made from the tree’s
trunk, and the existence of credited vegetation does not waive the
requirement for a planting strip in accordance with Section 6-
800(A)(2)(g)(2), Location.
(h) Open Space Set-Asides

1. Location
Open space set-aside areas required by Section 6-600, Open
Space, shall be located and configured in accordance with
Section 6-600(C)(3), Design Standards for Open Space Set-
Asides.
2. Required Features
Open space set-aside areas shall contain the minimum number of
distinct recreational features as specified in Table 6-800(A) Active
Recreation Features, in accordance with Section 6-600(C)(4)(a),
Active Recreation Uses.
Subsection 6-800(B): Residential Design Standards
TABLE 6-800(A): ACTIVE RECREATION FEATURES

MINIMUM NUMBER OF
TOTAL NUMBER OF RESIDENTIAL UNITS
ACTIVE RECREATION
OR TOTAL AMOUNT OF NON-RESIDENTIAL SQUARE FOOTAGE
FEATURES [1]
1 to 100 residential units or up to 10,000 square feet of non-residential floor area 1
101 to 300 residential units or greater than 10,000 square feet and up to 25,000
2
square feet of non-residential floor area
301 or more residential units or greater than 25,000 square feet of non-
3
residential floor area
NOTES:
[1] A range of different types of active recreational uses is included to provide flexibility in the provision of such
features. Larger residential developments should provide larger scale or more intensive features such as
pools, ball fields or clubhouses.
(i) On-Street Parking

On-street parking shall be either formally designated through
signage and/or pavement striping in accordance with the
standards in Table 7-100(B)(1), Street Specification
Standards. The location of on-street parking shall be in
accordance with the City’s adopted Transportation Plan.
6-800(B) Residential Design Standards

(1) Applicability
(a) General
1. These residential design standards apply to all new single-family
detached, attached, townhouse, two- to four- family, and multiple
family dwelling development in the City, unless exempted in
accordance with Section 6-800(B)(1)(b), Exemptions.
2. In addition to new residential development, these standards shall

apply to any residential buildings existing on March 1, 2006, if any
expansion or alteration exceeds fifty percent (50%) of the building’s
assessed value at the time of expansion or alteration.
(b) Exemptions
Residential development in Old Town is exempted from these
Residential Design Standards.
(c) Time of Review

(Section 2-300 (H)), Subdivision (Section 2-300(I)), Planned
Development Master Plan (Section 2-300(B)), or Zoning
Permit (Section 2-300(O)), as appropriate.
(2) Standards for Single-Family Detached Development

(a) Orientation of Buildings to Streets and Open Space
1. All single-family detached dwellings shall be oriented so that the
primary entrance faces the street. In the case of corner lots, the
primary entrance shall face the street from which the dwelling is
addressed.
2. As depicted in Figure 6-800(B)(1), Fronting Open Space, where a

commonly held open space set-aside is part of the development, at
least ten percent (10%) of all single-family detached dwellings shall
front upon a street located adjacent to the open space set-aside.
Such open space set-aside area shall have a minimum width and
depth of at least forty (40) feet, not including right-of-way. Nothing
in this subsection shall prohibit the open-space set-aside from
being located between a pair of one (1) -way streets.
FIGURE 6-800(B)(1): FRONTING OPEN SPACE
3. To the maximum extent practicable, streets and single-family

detached dwellings should be arranged to frame the open space
set-aside as indicated in Figure 6-800(B)(2), Framing Open Space.
FIGURE 6-800(B)(2): FRAMING OPEN SPACE
(b) Design of Front Façades

1. All single-family detached dwellings with front façade widths of forty
(40) feet or more shall incorporate wall offsets in the form of
projections and/or recesses in the façade plane. Offsets shall have
a minimum depth of two (2) feet, so that no single wall plane
exceeds twenty-five (25) feet in width.
2. The provision of a front porch in accordance with Section 6-

800(B)(2)(c), Front Porches may serve as an alternative to the wall
offsets required in Section 6-800(B)(2)(b)(1).
(c) Front Porches

If a block face contains two (2) or more lots with a front
setback of twenty-five (25) feet or less, a minimum of fifty
percent (50%) of the dwellings on such lots shall include a
front porch with a minimum depth of six (6) feet, and a
minimum width of eight (8) feet.
(d) Building Foundations

1. Except for Assisted Living Facilities, Nursing Homes, and structures
designed or intended for occupation by persons with physical
disabilities, the finished floor elevation at the front facade shall be
located above grade in accordance with the following standards:
a. For setbacks of ten (10) feet or more, the finished floor

elevation of the front facade shall be a minimum of
(eighteen) 18 inches above grade; and
b. For setbacks of less than ten (10) feet, the finished floor
twenty-four (24) inches above grade.
2. Exposed foundation walls or piers shall be clad in face brick, stone,

stucco, or some other masonry material accurately imitating these
materials. Latticework screening shall be installed between piers

on front and side building facades.
3. Nothing in this subsection shall prevent the use of slab foundations,

provided the slab is clad in the materials required in subsection (2),
and extends to the minimum height above grade specified in
subsection (1) above.
(e) Roof Penetrations and Equipment

All roof vents, pipes, antennas, satellite dishes, and other roof
penetrations and equipment (except chimneys), shall be
located on the rear elevations or otherwise configured to the
degree practicable to have a minimal visual impact as seen
from the street.
(f) Garage Location

Except for garages setback from the right-of-way at least fifty
(50) feet, and located on lots with a minimum lot size of one
(1) acre or greater, garages shall be located so as to comply
1. Street Facing Garages

a. Except as allowed on lots with difficult topography or
unique existing natural features, no street-facing garage
shall be located closer than two (2) feet behind the
primary front façade of the single-family structure it
serves;
b. Street-facing garages associated with detached single-

family dwellings shall comply with the standards in Table
6-800(B), Façade Design and Garage Placement; and
c. Any garage that is located less than eighteen (18) feet

behind the front façade of the single-family structure it
serves shall include a minimum of at least two (2)
architectural features on the side including the garage
door(s) (i.e. trellis, columns flanking doors, portico
treatment, windows, dormers, overhangs, eaves, roof line
changes, decorative vent covers, molding, etc.).
FIGURE 6-800(B)(3): STREET FACING GARAGE DESIGN
2. Side-Facing Garages
Side-facing garages shall be oriented so that the vehicular entry
into the garage structure is generally perpendicular to the street
providing access to the lot.
3. Lots Less than Fifty-Five Feet Wide

Except for garages on lots located on cul-de-sac streets, garages
on lots located on a block face with an average lot width of fifty
five (55) feet or less shall be rear-facing garages accessed from
alleys.
4. Lots With Difficult Topography or Unique Existing Natural Features

Street-facing garages on lots with difficult topography or unique
existing natural features shall not be required to comply with the
standards in Section 6-800(B)(2)(f)(1)(a) and (b) provided:
a. The lots in each development phase are not subject to

mass grading;
b. There is a difference in elevation of eight (8) feet or more

between the crown of the street fronting the lot and the
lot’s elevation at the rear wall of the garage;
c. The location of the proposed street-facing garage varies

from the locations of a street-facing garage on an
adjacent or facing dwelling by at least six (6) feet; and
d. The applicant submits a Site Plan for review and approval

by the Director of Development Services that illustrates a
design compatible with the existing topography, drainage,
tree cover, and other natural features of the lot.
(g) Car Port Location

Car ports shall be located behind the dwelling’s front facade
as determined by the front facade plane located closest to the
street.
(h) Garage and Car Port Design

Except for garages and carports setback from the right-of-
way at least fifty (50) feet, and located on lots with a minimum
lot size of one (1) acre or greater, garages and car ports shall
comply with the following standards:
1. Façade Size
a. Except for street-facing garages located eighteen (18)
feet or more behind the front façade of the dwelling they
serve, street-facing garage and car port façades shall not
exceed forty-five percent (45%) of the total area of the
front façade elevation of the dwelling, as measured from
the ground level to the eave of the roof. In the case of

car ports, the perimeter of the carport facade shall define
the area measured.
FIGURE 6-800(B)(4): STREET FACING GARAGE FAÇADE THRESHOLD
b. Side-facing garage and car port façades shall not exceed

fifty percent (50%) of the total area of the front façade
elevation of the dwelling, as measured from the ground
level to the eave of the roof. In the case of car ports, the
perimeter of the carport facade shall define the area
measured.
2. Garage Doors
Individual garage doors fronting a street and visible from a street
shall not exceed twelve (12) feet in width per door. A maximum
of two (2) doors may front the street and be visible from the street
for each dwelling, and a minimum separation of at least two (2)
feet shall be provided between the doors.
3. Compatibility
The exterior materials, design features, and roof form of garages
and car ports shall be compatible with the building it serves.
4. Details
Attached side facing garages shall have architectural details and
windows that mimic the features of the living portion of the
dwelling on the side of the garage facing the street.
(i) Building Materials

1. The following materials shall be prohibited:
a. Metal siding and exposed smooth-finished concrete block

for all building elevations; and
b. Synthetic stucco (EIFS) within two (2) feet of the grade

level and within two (2) feet of any exterior door jamb.
2. The front façade area on a single block face shall not exceed fifty
percent (50%) vinyl siding.
(j) Architectural Variability

1. For all development involving four (4) or more contiguous lots, there
shall be multiple distinctly different house front facade designs
within any single phase of the development. The number of
required different front façade designs per phase shall be in
accordance with Table 6-800(B), Facade Design and Garage
Placement:
TABLE 6-800(B): FAÇADE DESIGN AND GARAGE PLACEMENT

PERCENTAGE OF GARAGES LOCATED A MINIMUM
TOTAL NUMBER OF MINIMUM NUMBER OF
OF 18 FEET BEHIND FRONT FAÇADE, SIDE-FACING,
DWELLING FRONT FACADE
OR REAR-FACING
UNITS IN PHASE DESIGNS IN PHASE
(% OF TOTAL # OF DWELLING UNITS IN PHASE) [1]
4-20 4 30%
21-40 5 30%
41-70 6 30%
71-100 7 30%
More than 100 8 30%
NOTES:
[1] In cases where application of the percentage figure results in a fractional number, the total number of
dwelling units required to have side-facing, rear facing or street-facing garages located at least 18’ behind
the front façade is rounded upwards to the next whole number.
2. “Distinctly different” shall be defined to mean that a single-family

detached dwelling’s elevation must differ from other house
elevations in at least four (4) of the following six (6) ways:
a. The use of different surface materials;
b. Variation in the width of the front façade by two (2) feet or

more;
c. At least a two- (2) foot horizontal and/or vertical variation

of the placement and/or size of all windows and doors on
the front façade;
d. Variations in rooflines, pitches, or the use of dormers;
e. Variation in the location and proportion of front porches;

or
f. Variation in the location and/or proportion of garages and

garage doors.
3. In no instance shall two (2) distinctly different house front facades

include garages that are setback the same distance from the front
façade of the dwelling they serve.
4. Mirror images of the same configuration do not meet the definition

of “distinctly different.”
5. No house shall be of the same front facade design as any other

house within four (4) building lots along the same block face, and
no single front façade house design may constitute more than
twenty-five (25) percent of the front façade house design within any
single phase of a development.
(3) Standards for Single-Family Attached, Townhouse, Two to

Four-Family, and Multiple Family Dwelling Development
(a) Orientation of Buildings to Streets and Open Space
1. All single-family attached, townhouse, two- to four-family, and
multiple family dwellings shall be oriented so that the primary
entrance(s) faces the street. In the case of corner lots, the primary
entrance(s) shall face the street from which the building derives its
street address. It is acceptable to have two (2) primary entrances,
but no secondary entrance may face a street. A primary entrance
shall be defined by the entrance’s function, scale and/or design
detail.
2. When an open space set-aside is included within the development,

at least ten percent (10%) of the dwelling units shall front onto such
open space set-aside where a street is located between dwelling
units and the open space set-aside (see Figure 6-800(B)(1),
Fronting Open Space).
3. To the maximum extent practicable, streets and buildings should be

arranged to frame the open space set-aside as depicted in Figure
6-800(B)(2), Framing Open Space.
(b) Building Size

Individual building footprints shall not exceed fifteen thousand
(15,000) square feet, except that building footprints may be
up to twenty-five thousand (25,000) square feet in cases
where at least twenty-five percent (25%) of the ground floor is
reserved for neighborhood commercial uses served by their
own exterior entrance.
(c) Building Height Adjacent to Single-Family Detached Development

For buildings located within one hundred (100) feet of vacant
land classified as RH, SF-2, SF-3, SF-4, SF-5, or SF-8, or
lands containing single-family detached development,
building heights shall not exceed two (2) stories.
(d) Design of Front Façades
1. Front facades shall incorporate wall offsets in the form of

projections and/or recesses in the façade plane a minimum of every
thirty (30) feet of façade frontage.
2. Wall offsets shall have a minimum depth of two (2) feet.
3. In addition to wall offsets, front facades shall provide a minimum of

three (3) of the following design features for each residential unit
fronting onto the street:
a. One (1) or more dormer windows or cupolas;
b. A recessed entrance;
c. A covered porch;
d. Pillars, posts, or pilasters;
e. One or more bay windows with a minimum twelve- (12)

inch projection from the façade plane;
f. Eaves with a minimum six- (6) inch projection from the

façade plane;
g. A parapet wall with an articulated design, which entails

design variation rather than a simple rectilinear form; or
h. Multiple windows with a minimum four- (4) inch wide trim.
(e) Design Features of Side Façades

1. Side façades within twenty-five (25) feet of vacant land classified
RH, SF-2, SF-3, SF-4, SF-5, or SF-8, or lands containing single-
family detached development, shall incorporate a minimum of
fifteen (15) percent façade area glazing.
2. All other side facades shall have a minimum of ten (10) percent
façade area glazing.
(f) Building Foundations


eighteen (18) inches above grade; and

stucco or some other masonry material accurately imitating these

on front and side building facades.
3. Nothing in this subsection shall prevent the use of slab foundations

(g) Garages and Car Ports

1. Location
a. Garages/car ports serving single-family attached
buildings and townhouses shall be located behind the
rear facades of such buildings.
b. Garages/car ports serving multi-family buildings shall be

located to the side or rear of such buildings.
2. Design
a. Garage doors shall not front a street.
b. Side facing garages shall not face existing single-family

detached dwellings unless a Type D perimeter buffer is
provided between the garage and the existing single-
family detached dwelling in accordance with Section 6-
300(F)(1).
c. The exterior materials, design features, and roof form of

garages and car ports shall be compatible with the
building it serves.
(h) Off-Street Parking

Single-family attached, townhouse, two- to four-family, or
multiple family dwellings shall comply with the standards of
Section 6-100, Off-Street Parking and Loading, and the
following:
1. No off-street surface parking associated with single-family attached,
townhouse, two- to four-family, or multiple family dwellings shall be
located between the structure(s) and the street it fronts.
2. Off-street surface parking located beside a building shall not occupy

more than twenty-five percent (25%) of the parcel’s street frontage.
Associated driving areas shall be included as part of such off-street
surface parking.
(i) Building Materials

1. The following materials shall be prohibited:
a. Metal siding and exposed smooth-finished concrete block

for all building elevations; and
b. Synthetic stucco (EIFS) within two (2) feet of the grade

level and within two (2) feet of any exterior door jamb.
2. No building shall have a front façade with more than fifty percent
(50%) clad in vinyl siding.
(j) Roof Penetrations and Equipment

To the degree practicable, all roof vents, pipes, antennas,
satellite dishes, and other roof penetrations and equipment
(except chimneys) shall be located on the rear elevations or
configured to have a minimal visual impact as seen from the
street.
Subsection 6-800(C): Commercial and Institutional Design Standards
6-800(C) Commercial and Institutional Design Standards

(1) Applicability
(a) General
1. The following commercial and institutional design standards shall
apply to all public and institutional and commercial development
(see Table 4-100(B), Table of Allowed Uses) outside Old Town.
2. In addition to new commercial and institutional development, these

standards shall apply to any commercial and institutional buildings
existing on March 1, 2006, if any expansion or alteration exceeds
fifty percent (50%) of structure’s assessed value at the time of
expansion or alteration.
(b) Exemptions
All single tenant Retail Sales and Services uses located
within buildings twenty thousand (20,000) square feet in size
or larger shall be exempt from Section 6-800(C), Commercial
and Institutional Design Standards. In no instance shall this
provision be construed to exempt commercial or public and
institutional uses that do not meet the definition of a Large
Retail Establishment.
(c) Time of Review

(Section 2-300 (H)), Planned Development Master Plan
(Section 2-300(B)), or Zoning Permit (Section 2-300(O)), as
appropriate.
(2) Orientation of Buildings to Streets

(a) Fronting a Street
Except for Educational Facilities, Health Care Facilities,
religious institutions, and Government Facilities, the front
façade of all buildings, as defined by the primary entrance,
shall front onto a street. Buildings may be separated from the
street by a parking area or a lawn, but not by another
building.
(b) Building Entrance

An operable primary building entrance shall face the street.
In the case of corner lots, the primary entrance(s) shall face
the street which the building addresses. It is acceptable to
have two (2) primary entrances, but no secondary entrance
may face a street. A primary entrance shall be defined by the
entrance’s function, scale and/or design detail.
(3) Facade Massing

(a) Offset Required
Front façades sixty (60) feet wide or wider shall incorporate
wall offsets of at least one (1) foot in depth a minimum of
every forty (40) feet. Each required offset shall have a
minimum width of ten (10) feet.
(b) Offset Alternatives

The following alternatives can be used alone or in
combination as an alternative to the required front façade
offsets:
1. Façade color changes following the same dimensional standards as
the offset requirements;
2. Pilasters having a minimum depth of eight (8) inches, a minimum

width of eight (8) inches, and a minimum height of eighty (80)
percent of the façade’s height; or
3. Roofline changes when coupled with correspondingly aligned

façade material changes.
FIGURE 6-800(C)(1) FAÇADE OFFSETS
(c) Roof Line Changes

1. Roof line changes shall include changes in roof planes or changes
in the top of a parapet wall, such as extending the top of pilasters
above the top of the parapet wall.
2. When roof line changes are included on a façade that incorporates

wall offsets or material or color changes, roof line changes shall be
vertically aligned with the corresponding wall offset or material or
color changes.
(4) Glazing on the Primary Façade

(a) Determination of Primary Façade
The primary facade is the one that faces the street from
which the building obtains its street address unless the
Development Services Director determines that another
building side is the primary facade. The glazing area is
calculated by measuring the applicable primary facade area
between the finished ground floor and the underside of the
roof or floor structure above.
(b) Glazing Standards

1. Reflective or heavily tinted glass that obstructs views into the
building shall not be used on the primary façade or the secondary
façade fronting a street in the case of corner buildings;
2. Glazing located on the ground floor of the primary façade and the
secondary façade of corner buildings shall comply with the
standards in Table 6-800(C), Glazing Standards.
TABLE 6-800(C): GLAZING STANDARDS

MINIMUM AMOUNT OF GROUND FLOOR
USE CLASSIFICATION FOR GROUND
PRIMARY FAÇADE TO BE GLAZED
FLOOR USES
(%) [1] [2]
Commercial
40
(except office use categories)
Public and Institutional

25
(including office use categories)
NOTES:
[1] When buildings are located on a corner, glazing shall be continued along the side
elevation adjacent to a street for a minimum distance equal to 10 percent of the
building’s front elevation.
[2] The minimum amount of required glazing may be reduced in accordance with the
standards in Section 2-300(F), Administrative Adjustment.
FIGURE 6-
800(C)(2):
GLAZING
STANDARDS
(5) Side Façade Design

All side façades facing vacant land classified as RH, SF-2, SF-3,
SF-4, SF-5, SF-8, or MF-15, or lands containing existing residential
uses, shall comply with the façade massing standards of Section 6-
800(C)(3), Façade Massing.
(6) Height
For buildings located within one hundred (100) feet of vacant land
classified as RH, SF-2, SF-3, SF-4, SF-5, or SF-8, or lands
containing single-family detached development, building heights
shall not exceed two (2) stories. Cupolas, steeples, and other
similar decorative structural elements shall be excluded when
determining maximum building height.
(7) Building Materials

(a) Prohibited Materials
1. Metal siding and exposed smooth-finished concrete block are
prohibited for all building elevations visible from:
a. A public street;
b. Vacant land classified as RH, SF-2, SF-3, SF-4, SF-5, or

SF-8; or
c. Lands containing single-family detached, attached,

townhouse, or two- to four-family dwelling development.
2. Synthetic stucco (EIFS) shall be prohibited within two (2) feet of the
grade level and within two (2) feet of any exterior door jamb.
(b) Vinyl Siding

1. Vinyl siding shall be limited to sixty percent (60%) or less of any
single building façade visible from:
a. A public street;
b. Vacant land classified as RH, SF-2, SF-3, SF-4, SF-5, or

SF-8; or
c. Lands containing single-family detached, attached,

townhouse, or two- to four-family dwelling development.
2. All vinyl siding shall have a smooth surface with no visible grained
pattern.
(8) Roofs
(a) Roof Planes
Except for mansard roofs, cupolas, and steeples, sloped
roofs shall include two (2) or more sloping roof planes with
greater than or equal to one (1) foot of vertical rise for every
three (3) feet of horizontal run, and less than or equal to one
(1) foot of vertical rise for every one (1) foot of horizontal run.
FIGURE 6-800(C)(3): ROOF PLANES
(b) Flat Roofs

When flat roofs are used, parapet walls with three-
dimensional cornice treatments shall conceal them. The
cornice shall include a perpendicular projection a minimum of
four (4) inches from the parapet façade plane.
(c) Roof Penetrations and Equipment

All roof-based mechanical equipment, as well as vents, pipes,
antennas, satellite dishes, and other roof penetrations (with
the exception of chimneys) shall be located, to the degree
practicable, on the rear elevations or screened with a parapet
wall having a three-dimensional cornice treatment. The
cornice of a parapet wall shall include a perpendicular
projection a minimum of four (4) inches from the parapet
façade plane. This standard is intended to have a minimal
visual impact as seen from:
1. A public street;
2. Vacant land classified as SF-2, SF-3, SF-4, SF-5, or SF-8; or
3. Lands containing single-family detached, attached, townhouse, or

two- to four-family dwelling development.

Off-street parking shall comply with the standards of Section 6-100,
Off-Street Parking and Loading, and the following:
(a) Parking Location

1. Within the MUC, NC, NO, PD-R, and PD-TND districts, no off-street
surface parking shall be located between the building and the street
it fronts, except in the NC district, up to forty percent (40%) of the
required parking may be located between a building and the street
it fronts if the building includes two (2) or more stories.
2. In the OI, LC, CC, GC, PD-C, and PD-MEC districts, no more than
forty percent (40%) of the minimum required off-street surface
parking shall be located between a building and the street it fronts.
(b) Retail Uses in Parking Garages

All parking garages zoned for commercial or mixed use and
directly fronting a street shall comply with the following
standards:
1. A minimum of fifty percent (50%) of the ground floor street frontage
shall be constructed to accommodate retail uses; and
2. The ground floor of the portion constructed to accommodate retail

uses shall have a height of at least fifteen (15) feet between the
average grade level and the underside of the structure’s second
floor.
(10) Internal Pedestrian Walkways

(a) Continuous Pathways Required
In addition to the standards of Section 6-800(A)(2)(f)(2),
Internal Pedestrian Access, continuous internal pedestrian
walkways shall be provided to connect off-street surface
parking areas with primary building entrances.
(b) Connection to Public Sidewalk System

At least one internal pedestrian walkway with a minimum
width of five (5) feet shall be provided from the on-site
pedestrian network to the public sidewalk system. In the
case of corner lots, a connection shall be made to the
sidewalk of both streets.
(c) Distinguished from Driving Surfaces

All internal pedestrian walkways shall be distinguished from
driving surfaces through the use of durable, low-maintenance
surface materials such as pavers, bricks, or scored/stamped
concrete or asphalt to enhance pedestrian safety and
comfort, as well as the attractiveness of the walkways.
Subsection 6-800(D): Large Retail Design Standards
6-800(D) Large Retail Design Standards

(1) Applicability
(a) Use Type
These standards shall apply to all single tenant Retail Sales
and Services uses located within buildings twenty thousand
(20,000) square feet in size or larger.
(b) Additions, Expansions, Renovations

In addition to new development, these standards shall apply
to any Retail Sales and Services structure twenty thousand
(20,000) square feet or larger existing on March 1, 2006, if
any expansion or alteration exceeds fifty percent (50%) of the
structure’s assessed value at the time of expansion or
alteration.
(c) Time of Review
appropriate.
(2) Façade and Material Design

(a) General
Unless a Type D perimeter buffer is provided in accordance
with Section 6-300(F), any façade (whether the primary
façade or otherwise) that faces a street, lands containing
existing residential uses, or vacant land classified as RH, SF-
2, SF-3, SF-4, SF-5, SF-8, or MF-15, shall be subject to the
following:
(b) Standards
1. Glazing
a. Glazing in the following amounts:
i. Thirty-five percent (35%) of the ground floor

façade area when it faces a public street;
ii. Twenty percent (20%) of the ground floor façade

area when it faces any vacant land classified as
SF-2, SF-3, SF-4, SF-5, SF-8, MF-8, or MF-15,
or lands containing existing residential uses.
b. For the purposes of calculating the portion of the ground

floor façade glazing, the façade area shall be calculated
by measuring the applicable building wall between the
finished grade and the underside of the roof.
c. Reflective or heavily tinted glass that obstructs views into

the building shall not be used on the primary façade or
the secondary façade fronting a street in the case of
corner buildings.
2. Façade Massing
a. Offset Required
Front façades sixty (60) feet wide or wider shall
incorporate wall offsets of at least two (2) feet in
depth (projections or recesses) a minimum of
every forty (40) feet. Each required offset shall
have a minimum width of twenty (20) feet.
b. Offset Alternatives
The following alternatives can be used in place
of the required front façade offsets:
i. Façade color changes following the same
dimensional standards as the offset
requirements;
ii. Pilasters having a minimum depth of one (1) foot,

a minimum width of one (1) foot, and a minimum
height of eighty (80) percent of the façade’s
height; and/or
iii. Roofline changes when coupled with

correspondingly aligned façade material
changes.
FIGURE 6-800(D): FAÇADE OFFSETS FOR LARGE RETAIL ESTABLISHMENTS
3. Roof Line Changes

a. Roof line changes shall include changes in roof planes or
changes in the top of a parapet wall, such as extending
the top of pilasters above the top of the parapet wall.
b. When roof line changes are included on a façade that

incorporates wall offsets or material or color changes,
roof line changes shall be vertically aligned with the
corresponding wall offset or material or color changes.
4. Colors
Façade colors shall be in accordance with the City’s established
color palate. This palate features colors that are low reflectance,
subtle, neutral and/or earth tone colors, while high-intensity
colors, bright colors, metallic colors, or black or fluorescent colors
are prohibited except for building trim.
(3) Prohibited Materials

The following materials shall be prohibited:
(a) Metal Siding

Metal siding and exposed smooth-finished concrete block;
(b) Synthetic Stucco

Synthetic stucco (EIFS) within two (2) feet of the grade level
and within two (2) feet of any exterior door jamb; and
(c) Vinyl Siding

Vinyl siding shall be limited to sixty percent (60%) or less of
any single façade, and all vinyl siding shall have a smooth
surface with no visible grained pattern.
(4) Roofs
(a) Roof Planes
Except for mansard roofs, cupolas, and steeples, sloped
roofs shall include two (2) or more sloping roof planes with
greater than or equal to one (1) foot of vertical rise for every
three (3) feet of horizontal run, and less than or equal to one
(1) foot of vertical rise for every one (1) foot of horizontal run.
(b) Flat Roofs

When flat roofs are used, parapet walls with three-
dimensional cornice treatments shall conceal them. The
cornice shall include a perpendicular projection a minimum of
eight (8) inches from the parapet façade plane.
(c) Roof Penetrations and Equipment

All roof-based mechanical equipment, as well as vents, pipes,
antennas, satellite dishes, and other roof penetrations (with
the exception of chimneys), shall be located on the rear

elevations or screened with a parapet wall having a three-
dimensional cornice treatment so as to have a minimal visual
impact as seen from:
1. A public street;
2. Vacant land classified as SF-2, SF-3, SF-4, SF-5, or SF-8; and
3. Lands containing single-family detached, attached, townhouse, or

two- to four-family dwelling development.
(5) Customer Entrances

(a) Required Entrances
Each side of a building facing a public street shall include at
least one (1) customer entrance, except that no Large Retail
Establishment shall be required to provide entrances on more
than two (2) sides of the structure which face public streets.
(b) Entrance Design

Buildings shall have clearly-defined, highly visible customer
entrances that include no less than three (3) of the following
design features:
1. Canopies/porticos above the entrance;
2. Roof overhangs above the entrance;
3. Entry recesses/projections;
4. Arcades that are physically integrated with the entrance;
5. Raised corniced parapets above the entrance;
6. Gabled roof forms or arches above the entrance;
7. Outdoor plaza adjacent to the entrance having seating and a

minimum depth of twenty (20) feet;
8. Display windows that are directly adjacent to the entrance;
9. Architectural details, such as tile work and moldings, that are

integrated into the building structure and design and are above
and/or directly adjacent to the entrance; or
10. Integral planters or wing walls that incorporate landscaped areas or

seating areas. A wing wall is a wall secondary in scale projecting
from a primary wall and not having a roof.
Subsection 6-800(E): Infill Design and Development Standards

No more than fifty percent (50%) of the required off-street parking
shall be located between the building’s primary façade and the
street it fronts.
(7) Internal Pedestrian Walkways

(a) Continuous Pathways Required
In addition to the standards of Section 6-800(A)(2)(f)(2),
Internal Pedestrian Access,, continuous internal pedestrian
walkways shall be provided to connect off-street surface
parking areas with primary building entrances.
(b) Connection to Public Sidewalk System

At least one internal pedestrian walkway with a minimum
width of five (5) feet shall be provided from the on-site
pedestrian network to the public sidewalk system. In the
case of corner lots, a connection shall be made to the
sidewalk of both streets.
(c) Distinguished from Driving Surfaces

All internal pedestrian walkways shall be distinguished from
driving surfaces through the use of durable, low-maintenance
surface materials such as pavers, bricks, or scored/stamped
concrete or asphalt to enhance pedestrian safety and
comfort, as well as the attractiveness of the walkways.
6-800(E) Infill Design and Development Standards

(1) Applicability
(a) General
1. These infill design and development standards shall apply to all
new development in Old Town.
2. In addition to new development, these standards shall apply to any

structures existing on March 1, 2006, if any expansion or alteration
exceeds fifty percent (50%) of the structure’s assessed value at the
time of expansion or alteration.
(b) Recombination with Plats or Lots Outside Old Town

When a plat or Lot of Record in Old Town is proposed for
recombination with a plat, Lot of Record, or tract outside of
Old Town, development on the recombined plat, lot, or tract
shall comply with standards of this sub-section, and shall be
exempt from the standards in Section 6-800(B), Residential
Design Standards, and Section 6-800(C), Commercial and
Institutional Design Standards.
(c) Time of Review

appropriate.
(2) Overview
(a) General
There are three (3) sets of infill design and development
standards: Section 6-800(E)(3), General Infill Standards,
applies to all development subject to these standards.
Section 6-800(E)(4), Residential Infill Standards, applies to
residential uses, and Section 6-800(E)(5), Non-Residential
Infill Standards, applies to all non-residential uses.
(b) Mixed Use Development

Mixed use development shall comply with the standards in
Section 6-800(E)(3), General Infill Standards. In addition,
mixed use development may comply with either the
standards for residential building types (Section 6-800(E)(4))
or the standards for non-residential building types (Section 6-
800(E)(5)) as appropriate based on the surrounding context.
(c) Compatibility
Structures on the same block face shall be included within
compatibility calculations required by this subsection. If no
existing structures are located on the same block face as the
proposed development, the block face on the opposite side of
the street shall be used for compatibility calculations. In the
case of corner lots, the block’s applicable block face shall be
determined by the orientation of the long axis of the lot to be
developed.
(3) General Infill Standards

The following standards apply to all development in Old Town.
(a) Orientation
Unless located on a corner lot, the long axis of new buildings
shall be consistent in orientation with the majority of other
buildings on the same block face. In the case of corner lots,
the new building shall be compatible in orientation with the
majority of other buildings addressed off the same street.
(b) Entrances
An operable building entrance shall face the street. In the
case of corner lots, the primary entrance(s) shall face the
street from which the building is addressed. It is acceptable
to have two (2) primary entrances, but no secondary entrance
may face a street. A primary entrance shall be defined by the

entrance’s function, scale and/or design detail.
(c) Setbacks
Front and side yard setbacks shall be within twenty-five
percent (25%) of the average of the existing setbacks found
along the same block face. Front setbacks may be reduced
to a minimum of five (5) feet or increased beyond twenty-five
percent (25%) in accordance with Section 2-300(F),
Administrative Adjustment, for public and institutional and
commercial development located on corner lots, and for
public and institutional development in any location.
(d) Scale
1. The height of development shall not exceed two stories or one
hundred twenty-five percent (125%) of the average height of the
structures found along the same block face, whichever is greater.
Within the DTWN district, building heights shall not exceed one
hundred twenty-five percent (125%) of the average height of the
structures found along the same block face or the DTWN zone’s
maximum permitted height, whichever is greater.
2. Unless designed as a multiple component building, the building

footprint area of any single structure shall not exceed one hundred
fifty percent (150%) of the average size of the other structures
found along the same block face.
3. Multiple component buildings may have a building footprint up to

three hundred percent (300%) of the average size of other
structures found along the same block face, based on the following:
a. For the purposes of this subsection, “multiple component

buildings” are single buildings designed to appear as a
series of smaller buildings through the use of a series of
building projections along all walls adjacent to a street
that extend toward the street a minimum of fifteen (15)
feet outwards from the primary façade as depicted in
Figure 6-800(E), Multiple Component Buildings.
FIGURE 8-600(E): MULTIPLE COMPONENT

BUILDINGS
b. Such projections are uniformly spaced a distance

equivalent to the average side yard setbacks along the
block face, and are complemented by recesses between
the projections that are painted dark exterior color.
c. Only the projecting portions of a multiple component

building shall be subject to the front façade width
standards in Sections 6-800(E)(4)(c) and 6-
800(E)(5)(a)(1) and (2) respectively.
d. A multiple component building shall be subject to the

standards in Section 6-800(E)(3)(b), Entrances.
(e) Location of Off-Street Parking and Loading Areas

1. Off-street parking and loading areas shall not be located between
the building and the street it fronts except on lots where: (a) the
side yards are less than twelve (12) feet wide; (b) existing Heritage
Trees have to be removed to allow for access; or (c) topographical
changes make access impractical.
2. To the maximum extent practicable, off-street parking and loading

areas shall be located as far as possible from existing single-family
detached residential uses or vacant land classified SF-2, SF-3, SF-
4, SF-5, or SF-8.
3. To the maximum extent practicable, in instances where the

development is adjacent to both vacant land classified SF-2, SF-3,
SF-4, SF-5, or SF-8 and an existing single-family detached
dwelling, the off-street parking or loading area shall be located to
maximize its distance from the existing single-family detached
dwelling.
(f) Roof Design

1. Except for religious institutions, the roof form of new structures shall
be compatible with the roof form of existing structures located on
the same block face. Roof pitch shall not deviate by more than
twenty-five percent (25%) from the average roof pitch of structures
on the same block face.
2. The depth of roof eaves and overhangs on the front and side
façades of structures shall not deviate by more than fifty percent
(50%) from the average depth found on structures on the same
block face.
3. All roof vents, pipes, antennas, satellite dishes, and other roof
penetrations (except chimneys) shall, to the degree practicable, be
located on the rear elevations or screened so as to have a minimal
visual impact as seen from the street, vacant land classified SF-2,
SF-3, SF-4, SF-5, or SF-8, or from existing single-family detached
and attached dwellings.
(g) Building Materials

1. Building materials along front and side facades visible from public
streets shall be identical in appearance to the predominate façade
materials along the block face. The predominate material shall be
determined by measuring the cumulative façade areas visible from
the street for each material represented on the block face. This
standard shall not apply in cases where the block face has no
single predominate material comprising seventy percent (70%) or
more of the cumulative façade area.
2. On block faces with no single predominate material comprising

seventy percent (70%) or more of the cumulative façade area,
metal and smooth face concrete block shall be prohibited along any
wall facing a street.
3. Chimney exteriors on the front or side facades of a structure shall

be of masonry construction.
4. Neon lighting shall be prohibited on all exterior building surfaces.
(h) Street Trees

Development shall provide street trees in accordance with the
1. Where the right-of-way along the same block face includes street
trees, planting strips, tree wells or other similar devices, new
development shall continue the existing conditions in terms of the
species, configuration, and average spacing along the block face.
2. In cases where the right-of-way along the same block face does not
include street trees, or where there is no distinct pattern of street
tree configuration, street trees shall be provided in accordance with
the standards in Section 6-800(A)(2)(g), Street Trees.
3. The Development Services Director may consider alternative

methods of compliance for the provision of street trees in
accordance with the standards in Section 6-300(I), Alternative
Landscape Plan.
(i) Street Lighting

The existing street lighting conditions along the block face
shall be continued for all new development. Existing street
lighting conditions shall include fixture types, pole types,
height, lamp type, wattage, shielding and average spacing on
the street.
(j) Signage
All development and redevelopment shall comply with the
standards in Section 6-900, Signage.
(4) Residential Infill Standards

These standards shall apply to all residential development in Old
Town.
(a) Raised Foundations


(eighteen) 18 inches above grade; and

stucco, or some other masonry material accurately imitating these

on front and side building elevations.
3. Nothing in this subsection shall prevent the use of slab foundations

(b) Roof Slopes

1. Roof slopes on single-family detached structures shall be between
five (5) inches of vertical rise for every one (1) foot of horizontal run
and one (1) foot of vertical rise for every one (1) foot of horizontal
run, except that porch roofs may be sloped as low as two (2) inches
of vertical rise for every one (1) foot of vertical run.
2. Single-family attached, townhouse, and multiple family structure

development may have a flat roof provided that it is screened by
parapet walls with three-dimensional cornice treatments. The
cornice shall include a perpendicular projection a minimum of four
(4) inches from the parapet façade plane.
(c) Front Façades

1. The front façade width of new single-family detached, attached, and
two- to four-family structures shall not deviate by more than thirty
percent (30%) from the average front façade width of existing
single-family detached, attached, and two- to four-family structures
on the same block face.
2. The front façade width of townhouse and multiple family structures

shall not exceed one hundred-thirty percent (130%) or be less than
fifty percent (50%) of the average width of existing single-family
attached, townhouse, and multiple family structures on the same
block face. In cases where no such buildings exist on the block
face, the maximum front façade width shall not exceed one
hundred-fifty (150) linear feet in length.
3. Front façades of townhouse and multiple family structures that

exceed the average width of the front façades of existing similar
uses on a block face shall include wall offsets of at least eight (8)
inches in depth (projections or recesses) so that no single wall
plane of the façade exceeds a width of twenty-five (25) feet.
(d) Side Façades

1. Side facades of residential structures fronting public streets shall
provide wall offsets of at least four (4) inches in depth (projections
or recesses) at least every forty (40) feet of façade width.
2. Material changes, glazing, pilasters, roofline changes, and/or

supplemental landscaping may be used as an alternative to wall
offsets if it can be demonstrated the alternative achieves the same
massing effect.
(e) Windows and Doors
1. Doors and windows on front facades shall be vertically oriented and

vertically aligned between floors, unless an alternative arrangement
can be justified based on historical precedent.
2. Window shutters on front facades, whether functional or aesthetic,

shall be sized to match the window with which they are associated.
(f) Front Porches on Single Family Detached Dwellings

Front porches with a minimum depth of six (6) feet and width
of eight (8) feet shall be provided for all single-family
detached dwellings located on block faces where seventy
percent (70%) or more of the existing single-family detached
dwellings have front porches.
(g) Garage/Car Port Location and Design

1. Garages shall be provided for all single-family detached
development located on block faces where 70 percent (70%) or
more of the existing single-family detached dwellings have garages.
2. The setback of a garage shall not be more than twenty-five percent

(25%) closer to the street than the average setback of other
garages on the same block face. In no case shall a detached
garage be located closer to the street than the front façade of the
principal structure.
(5) Non-Residential Infill Standards

These standards shall apply to all non-residential structures in Old
Town.
(a) Scale and Massing

1. The front façade width of non-residential development shall not
exceed one hundred thiry percent (130%), or be less than fifty
percent (50%) of the average width of existing non-residential
development on the same block face. In cases where no such
buildings exist on the block face, the maximum front façade width
shall not exceed one hundred-fifty (150) linear feet in length.
2. Front façades that exceed the average width of the front façades of
existing similar uses on a block face shall include wall offsets of at
least eight (8) inches in depth (projections or recesses) so that no
single wall plane of the façade exceeds a width of thirty (30) feet.
3. Side facades fronting public streets, vacant land classified SF-2,

SF-3, SF-4, SF-5, or SF-8, or existing single-family detached and
attached dwellings shall provide wall offsets of at least eight (8)
inches in depth (projections or recesses) at least every forty (40)
feet of façade width.
4. Material changes, glazing, pilasters, roofline changes, and/or

supplemental landscaping may be used as an alternative to wall
offsets if it can be demonstrated the alternative achieves the same
massing effect.
(b) Windows and Doors
1. Heavily tinted or mirrored glass shall be prohibited on any façade

facing:
a. A public street;
b. Vacant land classified SF-2, SF-3, SF-4, SF-5, or SF-8;

or
c. Existing single-family detached dwellings.
2. For all facades fronting a public street, the ratio of window and door
glazing (transparency) to solid wall area shall not deviate by more
than thirty percent (30%) from the average glazing-to-solid-wall
ratio of non-residential buildings on the same block face.
Section 6-900: Signage
6-900 SIGNAGE
This section establishes the standards for the design, location, and characteristics of signs that
are permitted as principal or accessory uses. No sign is permitted in the City except in conformity
with this section.
6-900(A) Purpose
The purposes of these sign regulations are to:
(1) Encourage Effective Communication

Encourage the effective use of signs as a means of communication
in the City;
(2) Maintain a Pleasing Appearance

Maintain and enhance the pleasing look of the City, which attracts to
the City major events of local, regional, and statewide interest;
(3) Attract Business

Preserve Rock Hill as a community that is attractive to business;
(4) Improve Safety

Improve pedestrian and traffic safety;
(5) Minimize Adverse Effects

Minimize the possible adverse effects of signs on nearby public and
private property; and
(6) Ensure Compatibility

Ensure that signs in the community are compatible with the high
quality image that the City seeks and in which the City continuously
invests.
(1) General
Unless exempted in accordance with Section 2-300(M)(3),
Exemptions, no sign allowed by this section shall be erected,
repaired, altered, relocated, maintained or displayed without first
being issued a Sign Permit in accordance with Section 2-300(M),
Sign Permit, and complying with the relevant standards of this
section.
(2) Responsibility for Compliance

Review for compliance with the standards of this section shall occur
at the time of application for a Sign Permit (Section 2-300(M)), Site
Plan (Section 2-300(H)), Minor Subdivision (Section 2-300(I)(4)),
Subsection 6-900(C): Prohibited Signs
Preliminary Plat for Subdivision (Section 2-300(I)(5)(b)), Planned

Development (Section 2-300(B)), or Zoning Permit (Section 2-
300(O)), whichever is appropriate
(3) Termination
If a business discontinues the use of a site, signs used by the
business that were previously erected on the site, or off-premise
freestanding signs shall be considered as abandoned and shall be
fully removed (including support structures) within sixty (60) days of
vacation of the site. It shall be the responsibility of the owner of the
land to remove all abandoned signs.
6-900(C) Prohibited Signs

The following signs are prohibited:
(1) Flashing, Animated or Moving Signs

Flashing, animated, non-stationary or rotating signs or
appurtenances to signs, or signs that are not effectively shielded to
prevent beams or rays of light from being directed at the main-
traveled way of the street and that are of such intensity or brilliance
as to cause glare or to impair the vision of any driver of any motor
vehicle, or which may otherwise interfere with any driver's operation
of a motor vehicle or pose a hazard to traffic safety.
(2) Electronic Message Boards

Electronic message boards (EMB) that convey a changing message
intended to be viewed off-site or attract the attention of motorists,
except the following types, which are permitted:
(a) EMBs specifically designed to enhance motorist safety and performance;
(b) EMBs intended for on-site viewing located outside of all building setbacks
and with a sign face area less than six (6) square feet;
(c) Time and/or temperature signs located outside all building setbacks, with
a sign face area less than three (3) square feet; and
(d) EMBs similar to that of a manually changeable sign face, in that it shall
only display a short text message, and provided the text message shall
not change more than once every two (2) hours or more often than four
(4) times per twenty-four (24) hour period.
(3) Flashing Lights

Displays of intermittent lights resembling or seeming to resemble the
flashing lights customarily associated with danger, such as are
customarily used by police, school, fire or ambulance vehicles, or for
navigation purposes.
Subsection 6-900(C): Prohibited Signs
(4) Signs Obscuring Official Signage/Signals

Signs located or illuminated to interfere with the effectiveness of or
obscure an official traffic sign, device or signal, such as by providing
a background of colored lights blending with traffic signal lights or
that might otherwise reasonably confuse a motorist when viewed
from a normal approach position of a vehicle at a distance of up to
four hundred (400) feet.
(5) Signs Inside Sight Triangles

Signs located in places that would conflict with required sight
distance triangles or other standards of applicable traffic ordinances,
including signs placed within public street rights-of-way and required
sight triangles at street intersections.
(6) Signs in the Public Right-of-Way

Signs placed in public rights-of-way unless otherwise allowed and
specifically permitted (projecting signs may project into the public
right-of-way provided they are placed no lower than nine (9) feet
above the sidewalk/finished grade).
(7) Roof Signs

Signs that are not an integral part of the building design but fastened
to and supported by (or on) the roof of a building, or projecting over
or above the roof line or parapet wall of a building.
(8) Signs Attached to Trees or Utility Poles

Signs, posters, placards or other advertising material attached to
trees, utility poles or on other unapproved supporting structures
outside of the public right-of-way.
(9) Banners Inconsistent with Standards

Advertising banners unless attached to the facade of the business
using them or to the face of an existing sign structure allowed in
accordance with the standards of this section and Table 6-900(E),
Specifications for Signs Requiring Permits. Placement of banners
on or between sign supports, buildings, utility poles, or otherwise
outside of the allowed sign face is prohibited.
(10) Obscene Materials

Obscene pictures or other such advertising matter posted or
exhibited on any structure or in any show window or other public
place within the City.
(11) Pole or Pylon-mounted Freestanding Signs

Pylon or pole-mounted on-premise or off-premise freestanding
signs.
Subsection 6-900(D): Standards for All Signs
(12) Billboards
New billboards in all areas.
6-900(D) Standards for All Signs

All signs shall comply with the following standards:
(1) Sign Allotment

Development is allotted a designated amount of signage based on
the standards in this section. Development may have wall signs,
freestanding signs, directory signs, and temporary signs, provided
the amount of signage does not exceed the allowable allotment.
(2) Sound Structural Condition

All signs shall be maintained in sound structural condition. No sign
shall be allowed to deteriorate to a condition in which it requires
repairs or renovations in an amount that exceeds fifty percent (50%)
of its current replacement cost. Signs that deteriorate to such a
condition are in violation of this Ordinance and, shall be either
removed or replaced. If a sign is replaced, it shall comply with the
standards in this section at the time of replacement.
(3) Sign Face Area Calculation

(a) General
The sign face area shall be the advertising display surface of
the sign.
(b) Size of Sign Face Area

In the case of freestanding signs, the sign face area consists
of the entire surface area of the sign on which copy could be
placed.
(c) Supporting Structure Not Counted

The supporting structure or bracing of a sign shall not be
counted as part of sign face area unless such structure or
bracing is made a part of the sign's message.
(d) Collocation
Individual uses on adjoining lands may place their individual
freestanding signage on a single sign support structure
provided the combined sign face area does not exceed the
amount of sign face area permitted if the freestanding signs
would have been constructed separately. Sign support
structures shall comply with the height limits in Table 6-
900(E), Specifications for Signs Requiring Permits,
regardless of the number of collocated signage.
FIGURE 6-900(D)(1): SIGN COLLOCATION
(e) Two-sided Signs

Where a sign has two (2) display faces back to back, the area
of only one (1) face shall be considered the sign face area.
Where a sign has more than one (1) display face, all areas
that can be viewed simultaneously shall be considered the
sign face area as depicted in Figure 6-900(D)(2), Two-Sided
Sign:
FIGURE 6-900(D)(2): TWO SIDED SIGN
(f) Signs With a Background

In the case of a sign whose message is fabricated together
with the background which borders or frames that message,
the sign face area shall be the total area of the entire
background as depicted in Figure 6-900(D)(3), Signs with a
Background:
FIGURE 6-900(D)(3): SIGNS WITH A BACKGROUND
(g) Signs with No Border or Frame

In the case of a sign whose message is applied to a
background which provides no border or frame, sign face
area shall be the area of the smallest rectangle that can
encompass all words, letters, figures, emblems, and other
elements of the sign message as depicted in Figure 6-
900(D)(4), Signs with No Border or Frame:
FIGURE 6-900(D)(4): SIGNS WITH NO BORDER OR FRAME
(4) Sign Height

Sign height shall be measured from the base of the sign at normal grade to the
highest point of the sign support structure, or sign face, whichever is higher. For
the purposes of this subsection, “normal grade” shall mean the newly established
grade after construction, not including any filling, berming, mounding, or
excavating solely for the purpose of locating the sign. In cases where the normal
grade is below the grade of the street to which the sign is oriented, sign height
shall be computed on the assumption that the elevation
of the normal grade at the base of the sign is equal to
the elevation of the crown of the adjacent street as
depicted in Figure 6-900(D)(5), Sign Height.
FIGURE 6-900(D)(5): SIGN HEIGHT
(5) Visibility
All signs shall conform to both the sight
distance and the sight triangle standards (see
Section 7-100(B)(1)(k)), and no sign shall be
erected so it obstructs vision or sight distances
at driveway entrances and exits.
(6)Sign Safety
Signs shall not be placed where they pose a
hazard to pedestrians or vehicular traffic.
(7) Sign Lighting

Sign illumination shall be in accordance with the standards in Table
6-900(E), Specifications for Signs Requiring Permits.
(8) Construction Standards

All signs shall be constructed and installed in accordance with the
structural and safety requirements of the International Building
Code.
(9) Responsibility
All signs erected, used, or maintained shall be the responsibility of
the sign owner who shall hold the City harmless from all damage
arising and resulting from the construction, use, and maintenance of
such signs.
(10) Damage to Street Signs

When existing street signs are damaged during construction or on-
site activities, the owner/developer shall be required to replace or
repair any such street sign.
Subsection 6-900(E): Additional Standards for Signs Requiring Sign Permits
(11) Conflict with Other Regulations

Where other regulations affect the size, placement, amount, and
type of signage, the more restrictive regulation shall apply.
6-900(E) Additional Standards for Signs Requiring Sign Permits

(1) Signs Requiring Sign Permits
The following types of signage shall be required to obtain a Sign
Permit (see Section 2-300(M)) prior to erection or alteration:
(a) Wall Signs;
(b) Projecting Signs;
(c) On-premise Freestanding Signs;
(d) Directory Signs, including residential subdivision entrance signs; and
(e) Temporary Signs.
(2) General
(a) General Requirements and Specifications
1. In addition to the standards of Section 6-900(D), Standards for All
Signs, signs requiring Sign Permits shall also comply with the
standards of Section 6-900(E), Additional Standards for Signs
Requiring Sign Permits. Except for signs in Residential districts
and signs associated with residential uses, sign area, height,
location, and related characteristics is controlled by the type of road
on which the sign is located
2. Signs associated with a residential use, or signs located in

Residential districts are controlled by a different set of standards in
Table 6-900(E), Specifications for Signs Requiring Sign Permits
(Signs for Residential Uses or in Residential Districts).
3. On-premise freestanding signs associated with educational facilities

and religious institutions located in a Residential zone district shall
comply with the standards for signs serving a non-residential use in
non-residential and mixed use districts fronting a local street as
specified in Table 6-900(E), Specifications for Signs Requiring Sign
Permits.
4. Lands located within the YR-1 Overlay District shall comply with the
signage regulations in Section 3-500(B)(1)(C)(4), Signage.
(b) Mixed Use Development

Signs associated with mixed use developments shall not be
treated as signs associated with a residential use.
(3) Specifications for Signs Requiring Sign Permits

(a) General
Signs requiring a Sign Permit shall comply with the standards

in Table 6-900(E), Specifications for Signs Requiring Sign
Permits, below:
TABLE 6-900(E): SPECIFICATIONS FOR SIGNS REQUIRING SIGN PERMITS

SIGNS FOR NON-RESIDENTIAL USES IN NON-
RESIDENTIAL AND MIXED USE DISTRICTS
(BASED ON THE ROADWAY CLASSIFICATION

OF STREET THE SIGN FRONTS)
O A
I I I L
P A T R C SIGNS FOR
N N N O
T T F
R R H T O
C RESDIENTIAL ALLOW-
SIGN TYPE STANDARD E E L
I T E E L
A USES OR IN ABLE
N E R R L RESIDENTIAL LIGHTING
R R U L
C R / I E DISTRICTS
S S E
I I M A C
T T N S
P A I L T
A A C T
A L N T O
T T E R
L S O E R
E E D E
R R
E
T
[1] [2]
1 story building: one square foot per linear foot of building frontage
up to a maximum of 300
Total Wall Sign Face
Area 6
Multi-story building: 1 square foot per linear foot of first floor building
(square feet)
frontage + ½ square foot per liner foot of additional floor building
frontage up to the fourth floor, up to a maximum of 300
50 per
20 per
Total Projecting Sign side/ 40 per side/
30 per side/60 total side/ 6
Face Area (square feet) 100 80 total
40 total
total
Max.
height
of Residential
Wall Sign Maximum Districts:
building Maximum building height
Height (feet) General
face
WALL AND fronting
PROJECTING road Business:
SIGNS Lesser General,
Lesser Internal, Spot,
of:
of: Back, and
33
Lesser of: 20 Lesser of: Electronic
or
26 or 13
Projecting Sign max.
or max. or maximum
Maximum Height (feet) height
maximum height of height of maximum height building height
[3] of
building face fronting building of building face
building
road face facing road
face
fronting
fronting
road
road
Maximum Number
of Signs per Parcel [4]
N/A N/A N/A N/A N/A N/A 1 per residence


O A
I I I L
P A T R C SIGNS FOR
N N N O
T T F
R R H T O
I T E E L
A USES OR IN ABLE
R R U L
C R / I E DISTRICTS
S S E
I I M A C
T T N S
P A I L T
A A C T
A L N T O
T T E R
L S O E R
E E D E
R R
E
T
[1] [2]
3 per side
Same as non-
residential signs
Sign Face Area 200 per 100 per 50 per 40 per 30 per 20 per
for institutional
(square feet) [6] side side side side side side Residential
or commercial
Districts:
uses over 1
General
acre
ON-PREMISE
FREE Maximum 1 or mounted to
24 10 10 8 6 6 Business
STANDING Height (feet) [7] mailbox Districts:
SIGNS [5] General,
Setback From Property Internal, Spot,
5 None Back, and
Line (feet) [8]
Electronic
Maximum Number
of Signs Permitted per 1
Parcel [9]
150 per side for
developments larger
than 20 acres
Sign Face Area
175 per side 100 per side
(square feet) [6]
100 per side for
developments smaller
than 20 acres
20 for developments
larger than 20 acres
Maximum
25 10 General,
Height (feet)
DIRECTORY 15 for developments Same as Non- Internal, Spot,
SIGNS [10] smaller than 20 acres residential Back, and
Setback From Street Electronic
5
ROW (feet) [11]
Maximum Number 1 per entrance, but no more than 2 per street frontage. The total
of Signs Permitted per sign face area for all directory signs may not exceed 400% of the
Parcel maximum sign face area per side
Minimum Use of
Architectural Materials 25% 50%
on Sign Structure [12]


O A
I I I L
P A T R C SIGNS FOR
N N N O
T T F
R R H T O
I T E E L
A USES OR IN ABLE
R R U L
C R / I E DISTRICTS
S S E
I I M A C
T T N S
P A I L T
A A C T
A L N T O
T T E R
L S O E R
E E D E
R R
E
T
[1] [2]
6 for banners
Sign Face Area 32 for banners
3 per side for
(square feet) [6] 16 per side for on-premise freestanding
on-premise
freestanding Residential:
TEMPORARY General
Maximum
SIGNS [13] 6
Height (feet)
Business:
General and
Setback From Property
5 Internal
Line (feet)
Maximum Number 1 per building or tenant for banners

of Signs Permitted per
Parcel 1 per parcel for on-premise freestanding
NOTES:
[1] Signs fronting an interstate shall be setback at least twenty-five (25) feet from the interstate ROW, and shall not be more than five hundred (500) feet
from the centerline of the interstate ROW. No interstate sign shall be located within five hundred (500) linear feet of another interstate sign, or on land that
does not front an interstate highway.
[2] Interstate influence areas are located between five hundred (500) and one thousand five hundred (1,500) feet from the centerline of Interstate 77.
[3] Projecting signs shall be placed no lower than nine (9) feet above the finished grade to avoid injury to pedestrians.
[4] Wall and projecting signs may be used in combination on the same building, and the total number of individual wall and/or projecting signs is not limited
for non-residential uses provided the total sign face area of all signs associated with the use meets these requirements.
[5] All freestanding signs must be monument or ground-mounted signs. Pylon or pole-mounted freestanding signs are prohibited.
[6] The maximum sign face area for any side of a freestanding or directory sign shall not be doubled and placed on a one- (1) sided sign.
[7] If a directory sign is used, then all other on-premise freestanding signs associated with the development (including outparcels) shall be limited to a
maximum height of ten (10) feet unless further limited by roadway classification.
[8] The side or rear setback for a freestanding sign in a Business zone district may be waived by the Development Services Director provided a letter of
agreement is received from the adjoining land owner indicating the adjacent owner’s agreement to the sign placement.
[9] Developments that are allowed but do not include a freestanding sign may add up to 1 (one) side of a freestanding sign’s face area to the total amount of
allowable wall and/or projecting sign area. An additional freestanding sign may be permitted for parcels over 5 acres for a secondary street frontage or
entrance, as long as the freestanding signs are separated by a minimum of 400 feet.
[10] Directory signs may be used for developments with three (3) or more tenants, and may include the name of the development, an index of uses or
tenants, and notices of activities or sale of merchandise. Directory signs may also be used at the entrance to a residential subdivision to identify the name
of the subdivision.
[11] Directory signs may be placed in medians of streets provided the median is at least eight (8) feet wide and eight (8) feet long, and is maintained by the
developer, land owner, or property owner’s association.
[12] A percentage of the overall sign support structure (determined as a percentage of the sign face area size) must be constructed with architectural
materials such as brick, stone, stucco, or other comparable material.
[13] Sign Permits for temporary signs are valid for thirty (30) days, and may not be renewed for a period of six (6) months.
Section 6-1000: Traffic Impact Standards
Subsection 6-900(F): Variances
6-900(F) Variances
Applicants for non-residential signs located in Business zone districts may
apply to the ZBA for a Variance (see Section 2-300(E)) in sign face area
size, height, or setbacks.
6-900(G) Nonconforming Signs

Existing nonconforming signs, and signs rendered nonconforming by the
adoption of this Ordinance (or any amendment thereto) shall be controlled
by the standards in Section 8-500, Nonconforming Signs.
6-1000 TRAFFIC IMPACT STANDARDS

(1) TIA Required for Development Generating Over One Hundred
Peak Hour Trips
Unless exempted by Section 6-1000(B), Exemptions, a Traffic
Impact Analysis (TIA) shall be required for any development
anticipated to generate more than one hundred (100) peak hour
directional trips.
(2) Redevelopment
In the case of redevelopment, trip generation will be defined as the
number of net new trips generated by the proposed use beyond the
trips generated by the previous use.
(3) Other Circumstances

The Development Services Director may waive the requirement to
complete a TIA, or may require a TIA to be submitted for
developments not exceeding one hundred (100) peak hour
directional trips, based upon localized safety, operational, or street
capacity issues, including levels of service (LOS) of existing
roadways.
6-1000(B) Exemptions
Development meeting the following standards shall be exempted from the
TIA requirement:
(1) Downtown or Textile Corridor

Developments located within the area subject to the Downtown
Master Plan or Textile Corridor Master Plan; and
(2) Previously Submitted TIA

Developments for which a TIA was submitted in conjunction with a
previously approved Preliminary Plat for Subdivision (see Section 2-
Section 6-1000: Traffic Impact Standards
Subsection 6-1000(C): Procedure
300(I)(5)(b)), Major Site Plan (see Section 2-300(H)), or Planned

Development (see Section 2-300(B)) provided the TIA is less than
three (3) years old.
6-1000(C) Procedure
The TIA shall be submitted along with applications for a Preliminary Plat for
Subdivision (see Section 2-300(I)(5)(b)), Major Site Plan (see Section 2-
300(H)), or Planned Development (see Section 2-300(B)). The TIA shall
be prepared according to the procedures and requirements outlined in the
City’s Guidelines for Development of Traffic Impact Analysis, and shall, at a
minimum:
(1) Estimate the Traffic Generated

Estimate the traffic that will be generated as a result of the proposed
development;
(2) Evaluate Site Access

Evaluate site access and internal circulation;
(3) Existing Capacity

Evaluate the ability of the Greater City Street Network to support the
proposed development; and
(4) Identify Specific Improvements

Identify specific improvements to the Greater City Street Network
that are necessary in order to support the traffic anticipated to be
generated by the proposed development.
6-1000(D) TIA Submission for Projects with Cumulative Impacts

A TIA shall be required for development projects that do not otherwise
meet the thresholds for submission of a TIA if the application is for a
project that:
(1) Shares Features with Other Developments

Shares features such as site access, common ownership, or other
infrastructure with nearby undeveloped property for which future
development can be reasonably anticipated; and
(2) Can be Expected to Exceed Threshold

When complete, the cumulative impact of the overall development
can be expected to exceed the threshold for preparation of a TIA.
Section 6-1100: Appendix 6-A: Landscape Plant Materials
Subsection 6-1000(D): TIA Submission for Projects with Cumulative Impacts
6-1100 APPENDIX 6-A: LANDSCAPE PLANT MATERIALS
CITY OF ROCK HILL LANDSCAPE PLANT MATERIALS LIST
SCIENTIFIC NAME COMMON NAME CULTIVAR RECOMMENDED USE COMMENTS
CANOPY TREES (GREATER THAN THIRTY (30) FEET TALL AT MATURITY)

Street, perimeter and buffer Best sugar maple for the
Acer barbatum Southern sugar maple
yards South
Many excellent Street, perimeter and buffer
Acer rubrum Red maple
cultivars yards, parking areas
Street, perimeter and buffer
Acer saccharum Sugar maple ‘Green Mountain’
yards
Several excellent Street, perimeter and buffer
Acer x freemanii Freeman maple
Several excellent Street, perimeter and buffer If multi-stem, minimum height
Betula nigra River birch
cultivars yards is 10 feet
‘Fastigiata’
Fastigiate European
Carpinus betulus (sometimes Street yards, parking areas Formal, columnar habit
hornbeam
‘Pyramidalis’)
Perimeter and buffer yards,
Cedrus deodora Deodar cedar Evergreen conifer
screening
All Seasons Street, perimeter and buffer
Celtis laevigata ‘All Seasons’
sugarberry yards, parking areas
‘Yoshino’, other Perimeter and buffer yards,
Cryptomeria japonica Japanese cryptomeria Evergreen conifer
cultivars screening
X Cupressocyparis Perimeter and buffer yards, Evergreen tree. Not for wet
Leyland cypress
leylandii screening areas.
For natural areas with good
Fagus grandifolia American beech Perimeter and buffer yards
soil
Fraxinus pennsylvanica Green ash Several good cultivars
yards
Use named cultivars
Street, perimeter and buffer Extremely tough once
Ginkgo biloba Ginkgo only – no seedling
yards, parking areas established
grown trees
Ilex opaca American holly Evergreen tree
screening
Juniperus virginiana Eastern redcedar Tough evergreen tree
screening
Koelreuteria bipinnata Chinese flametree Perimeter and buffer yards
Koelreuteria paniculata Golden raintree Perimeter and buffer yards
Liquidambar styraciflua Fruitless sweetgum ‘Rotundiloba’ No sweetgum balls!
yards, parking areas
Yellow poplar, tulip For natural areas with good
Liriodendron tulipifera Perimeter and buffer yards
poplar soil
Many excellent Perimeter and buffer yards, Evergreen tree with
Magnolia grandiflora Southern magnolia
cultivars screening spreading habit
Metasequoia
Dawn redwood Perimeter and buffer yards Requires lots of space
glyptostroboides
Nyssa sylvatica Blackgum
American
Ostrya virginiana hophornbeam, Perimeter and buffer yards
Ironwood
Pistacia chinensis Chinese pistache
Avoid the cultivar Street, perimeter and buffer Cultivar ‘Bloodgood’ severely
Platanus acerifolia London plane tree
‘Bloodgood’ yards, parking areas susceptible to ozone damage
Quercus acutissima Sawtooth oak Fast growing and very tough
For natural areas with good
Quercus alba White oak Perimeter and buffer yards
soil
Quercus bicolor Swamp white oak
Quercus imbricaria Shingle oak Perimeter and buffer yards

Quercus laurifolia Laurel oak
Quercus lyrata Overcup oak
Quercus macrocarpa Bur oak Perimeter and buffer yards
Quercus michauxii Swamp chestnut oak Perimeter and buffer yards
Chinese evergreen Street, perimeter and buffer Evergreen tree with
Quercus myrsinifolia
oak yards spreading habit
Quercus nigra Water oak Perimeter and buffer yards
Quercus palustris Pin oak Not for use in high pH soils
Quercus phellos Willow oak
Quercus robur English oak ‘Fastigiata’ Formal, columnar habit
Quercus stellata Post oak Perimeter and buffer yards
Perimeter and buffer yards, Evergreen tree with
Quercus virginiana Live oak
parking areas spreading habit
Sophora japonica Japanese Pagodatree Several good cultivars
yards
Taxodium ascendens Pondcypress
Taxodium distichum Baldcypress
Tilia tomentosa Silver linden
yards
Many excellent Street, perimeter and buffer
Ulmus parvifolia Lacebark elm
‘Regal’, ‘Homestead’,
‘Pioneer’, ‘Sapporo’, Elm hybrids or cultivars that
Ulmus sp. Elm ‘Autumn Gold’, are resistant to Dutch Elm
yards
‘Urban’, ‘Frontier’, Disease
‘Patriot’
Zelkova serrata Zelkova Several good cultivars
UNDERSTORY TREES (THIRTY (30) FEET TALL OR LESS AT MATURITY)
Acer buergeranum Trident maple
Acer campestre Hedge maple
Acer palmatum Japanese maple Hundreds of cultivars
American hornbeam,
Carpinus caroliniana
Ironwood
Cercis canadensis Eastern redbud
yards
‘Oklahoma’ is the only redbud
Cercis reniformis Oklahoma redbud ‘Oklahoma’
suitable for parking areas
Chionanthus retusis Chinese fringetree Prune to tree form
Cornus florida Flowering dogwood Hundreds of cultivars
Cornus kousa Kousa dogwood Many cultivars
Cotinus coggygria Common smoketree Perimeter and buffer yards
Street, perimeter and buffer *Note: large thorns; consider
Crataegus viridis Winter King hawthorn ‘Winter King’
yards, *parking areas location carefully
Perimeter and buffer yards, Tough evergreen tree, once
Ilex x attenuata Foster holly ‘Fosteri’
parking areas, screening established
Evergreen tree, coarse

Ilex latifolia Lusterleaf holly
textured foliage
Nellie R. Stevens Tough evergreen tree,
Ilex ‘Nelly R. Stevens’
holly medium textured foliage
Street, perimeter and buffer Evergreen tree, fine textured
Ilex vomitoria Yaupon holly Several good cultivars
yards, parking areas, screening foliage
Street, perimeter and buffer Minimum size for multi-stem:
Lagerstromia sp. Crape myrtle Many good cultivars
yards 7 foot height.
Perimeter and buffer yards, * Only ‘Little Gem’ is under 30
* Magnolia grandiflora Little Gem magnolia ‘Little Gem’
parking areas, screening feet at maturity.
Saucer magnolia, Late-blooming Perimeter and buffer yards, Minimum size for multi-stem:
Magnolia x soulangiana
Tuliptree cultivars preferred parking areas 7 foot height
Malus baccata Jackii crabapple ‘Jackii’
Malus floribunda Floribunda crabapple Street, perimeter and buffer
Malus sargentii Sargent crabapple yards, parking areas
Malus sieboldi Sprenger crabapple ‘Professor Sprenger’

‘Adirondack’
‘Baskatong’
‘Calloway’ ‘Centurion’
‘Indian Summer’
Street, perimeter and buffer Only the cultivars listed are
Malus sp. ‘Louisa’ ‘Molten
yards, parking areas, screening highly disease-resistant.
Lava’ ‘Prairifire’
‘Sentinel’
‘Sugar Tyme’
‘White Cascade’
Myrica cerifera Waxmyrtle Evergreen tree
screening
Oxydendron arboreum Sourwood Perimeter and buffer yards Not for wet areas
Parrotia persica Persian parrotia
yards
Most cherries and plums are
Prunus x autumnalis Autumnalis cherry
short-lived
Prunus x bliereiana Bliereiana plum Perimeter and buffer yards
Flowering plum,
Prunus cerasifera Many good cultivars
Purpleleaf plum
Street, perimeter and buffer Most cherries and plums are
Prunus caroliniana Carolina cherrylaurel Several good cultivars
yards, screening short-lived
Prunus x okame Okame cherry
Japanese flowering Street, perimeter and buffer
Prunus serrulata Several cultivars
cherry yards
Prunus x yedoensis Yoshino cherry ‘Yoshino’
DECIDUOUS SHRUBS
Attractive foliage; serves as
Cotoneaster horizontalis Rock Cotoneaster
ground cover
Deutzia gracilis Slender Deutzia Good hedge; shrub border
Sun/part shade; attractive Small (up to 4 feet in height)
Fothergilla gardenii Dwarf Fothergilla
foliage/flowers
Adapts to wide range of
Jasminum nudiflorum Winter Jasmine
conditions
Good barrier or hedge; Medium height (between 4
Berberis julianae Wintergreen Barberry
attractive foliage and 6 feet)
Heat tolerant varieties should be Medium height (between 4
Berberis thunbergii Japanese Barberry
selected and 6 feet)
Buddleia davidii Butterfly-bush Shrub border; well drained soils
Coarse open shrub; naturalistic
Callicarpa americana French Mulberry
design; massing
Callicarpa dichotoma Purple Beautyberry Attractive foliage, form

Japanese
Callicarpa japonica Shrub border
Beautyberry
Japanese
Chaenomeles japonica Thorny; good barrier plant
Floweringquince
Clethra alnifolia Summersweet Clethra Requires shade; shrub border
Tends to spread rapidly;
Hydrangea arborescens Smooth Hydrangea
tolerates variety of conditions
Tends to spread; attractive
Hydrangea macrophylla Hydrangea
flowers
Prefers moist soils; naturalistic
Itea virginica Virginia Sweetspire
design
Tolerates wide range of
Kerria japonica Kerria
conditions
Spiraea cantoniensis Reeves Spirea ‘Lanceata’ Heat tolerant
Spiraea prunifolia Bridalwreath Spirea ‘Plena’ Tolerates wide range of soils
Requires pruning; tolerates wide
Spiraea thunbergii Thunberg Spirea
range of soils
Old Fashioned Tolerates pollution; requires
Weigela florida
Weigela pruning
Adaptable to many soils;
Calycanthus floridus Sweetshrub
disease and insect resistant
Chimonanthus praecox Wintersweet Residential scale; shrub border
Deutzia scabra Deutzia Coarse texture
Tolerates wide range of soils,
Euonymus alatus Winged Euonymus conditions; tolerates heavy
pruning
Requires pruning; tolerates wide Large (6 feet and above)
Forsythia x intermedia Forsythia
variety of soils
Naturalistic design; somewhat
Hamamelis virginiana Witch-hazel
tolerant of urban conditions
Hydrangea quercifolia Oakleaf Hydrangea Prefers shade
‘Minnesota
Philadelphus x virginalis Mock Orange Attractive flowers
Snowflake’
Spiraea x vanhouttei Vanhoutte Spirea Tough plant; attractive flowers
EVERGREEN SHRUBS
Low mass or groundcover;
Azalea hybrida Glenn Dale Azalea ‘Glen Dale’
attractive flowers
Azalea kurume
Attractive flowers, form;
(Rhododendron Kurume Azalea
naturalistic areas
obtusum)
Withstands sun, drought; low Small (up to 4 feet in height)
Ilex vomitoria Dwarf Yaupon Holly ‘Nana’
hedge
Harbor Dwarf Low growing; graceful form;
Nandina domestica ‘Harbor Dwarf’
Nandina attractive foliage
Nandina domestica Dwarf Nandina ‘Nana’ Low growing; attractive foliage
Hedge; attractive flowers, Medium height (between 4
Abelia x grandiflora Glossy Abelia
foliage and 6 feet)
Requires shade; tolerates Medium height (between 4
Aucuba japonica Japanese Aucuba
pollution and 6 feet)
Azalea kaempferi Kaempferi Azalea Attractive flowers
Buxus sempervirens Boxwood Hedge; can be pruned
Drought tolerant; tolerates wide
Ilex cornuta Dwarf Burford Holly ‘Burfordii Nana’
range of conditions
Juniperus chinensis Pfitzer Juniper ‘Pfitzeriana’ Prefers moist, well drained soils
Osmanthus Curly Leaf Withstands heavy pruning;
‘Rotundifolius’
heterophyllus Osmanthus tolerates urban conditions
Pieris floribunda Mountain Pieris Needs shade; slow growing
Azalea indica Indian Azalea Partial shade; attractive flowers
Bambusa multiplex Hedge Bamboo Tends to spread
Berberis julianae Wintergreen Barberry Barrier hedge; attractive foliage
Partial shade; attractive foliage,
Camellia japonica Camellia
flowers
Camellia sasanqua Sasanqua Camellia Smaller than C. japonica
Accent plant; tolerates pruning;
Cleyera japonica Cleyera
shade; intolerant of wet sites
Prune in spring; borders; hedge;
Cortaderia selloana Pampas Grass
screen
Willowleaf
Cotoneaster salicifolius Attractive foliage
Cotoneaster
Elaeagnus pungens Thorny Eleagnus soils/conditions; screen; soil
stabilizer
Tolerates urban conditions;
Elaeagnus umbellata Autumn Eleagnus
drought tolerant
Withstands heavy pruning;
Euonymus japonicus Japanese Euonymus
disease prone
Fatsia japonica Japanese Fatsia Specimen; prefers full shade
Ilex aquifolium English Holly Dense foliage; attractive fruit Large (6 feet and above)
Ilex cornuta Chinese Holly
conditions; drought tolerant
Ilex cornuta Burford Holly ‘Burfordii’
Convex Japanese Hardy; tolerates urban
Ilex crenata ‘Convexa’
Holly conditions/pruning
Ilex crenata Hetzi Japanese Holly ‘Hetzi’ Attractive form
Roundleaf Japanese Upright, rounded form; tolerates
Ilex crenata ‘Rotundifolia’
Holly pruning
Attractive foliage; pyramidal
Ilex x Emily Brunner Holly ‘Emily Brunner’
form
Hedge; withstands heavy
Ilex glabra Inkberry
pruning
Ilex latifolia Lusterleaf Holly Specimen; requires light shade
Ilex pernyi Perny Holly
Screen; hedge; adaptable to
Ilex vomitoria Yaupon Holly
variety of conditions
Tolerates wide range of soils;
Juniperus chinensis Hetzi Juniper ‘Hetzii’
rapid growth
Laurus nobilis Laurel
Erosion control; needs shade;
Leucothoe populifolia Florida Leucothoe Large (6 feet and above)
naturalistic effect
Hedge; screen; adaptable to
Ligustrum japonicum Japanese Privet
wide variety of conditions
Hedge; screen; adaptable to
Ligustrum lucidum Glossy Privet
wide variety of conditions
Ligustrum x vicaryi Golden Privet Golden foliage
Screen; tolerates pruning;
Loropetalum chinense Loropetalum
tolerates heavy shade
Mahonia bealei Leatherleaf Mahonia Prefers shade; coarse foliage

Michelia figo Banana Shrub Attractive form, foliage
Myrica cerifera Wax Myrtle Screen; attractive foliage
Needs pruning; adaptable;
Nandina domestica Nandina
minimal care needed
Osmanthus x fortunei Fortune’s Osmanthus Screen; tolerates heavy pruning
Osmanthus fragrans Fragrant Tea Olive Screen; tolerates heavy pruning
Osmanthus Screen; hedge; tolerates heavy
Holly Osmanthus
heterophyllus pruning, urban conditions
Screen; hedge; withstands
Photinia serrulata Chinese Photinia
pruning
Pieris japonica Japanese Pieris Prefers shade; well-drained soil
Screen; hedge; tolerates wide
Pittosporum tobira Pittosporum
range of conditions
Podocarpus Hedge; screen; intolerant of wet
Podocarpus
macrophyllus maki sites
Hedge; withstands heavy
Prunus laurocerasus Cherrylaurel
pruning
Prunus laurocerasus
Narrow Cherrylaurel
angustifolia
Pyracantha coccinea Scarlet Firethorn Barrier; hedge; requires pruning
Attractive foliage; tolerates
Viburnum rhytidophyllum Leatherleaf Viburnum
heavy shade
Screen; hedge; tolerates heavy
Viburnum tinus Laurestinus Viburnum
shade; attractive foliage
GROUNDCOVERS
Prefers part shade; intolerant
Ajuga reptans Ajuga
of foot traffic
Prefers part shade; large
Aspidistra elatoir Cast-Iron Plant foliage; tolerates wide range
of soils
Bearberry
Cotoneaster dammeri Barrier; slopes; rapid growth
Cotoneaster
Cyrtomium falcatum Holly Fern Shade; naturalistic areas
Wintercreeper Wide range of soils;
Euonymus fortunei
Euonymus Ground cover sun/shade; erosion control
Shade; requires pruning to
Hedera helix English Ivy
keep plant in bounds
Shade; intolerant of sun/
Helleborus orientalis Lenten Rose
drought
Sun; erosion control; low
Hemerocallis spp. Daylily
maintenance
Sun; rapid growth; wide range
Hypericum calycinum Aaronsbeard
of soils
Sun; wide range of soils;
Juniperus conferta Shore Juniper
drought tolerant
Sun; urban conditions;
Juniperus horizontalis Creeping Juniper Ground cover
drought tolerant
Sun; wide range of soils; slow
Juniperus procumbens Japgarden Juniper
growth
Sun/shade; wide range of
Liriope muscari Liriope
soils
Lysimachia nummularia Moneywort Sun; intolerant of foot traffic
Sun/shade; wide range of
Ophiopogon japonicus Mondo Grass
soils; erosion control
Santolina Lavender Cotton Sun; drought tolerant;
chamaecyparissus attractive foliage
Sedum acre Stonecrop Sun/part shade; rapid growth

Trachelospermum Sun/part shade; needs
Asiatic Jasmine
asiaticum pruning to keep in bounds
Shade; rapid growth; wide
Vinca major Bigleaf Periwinkle
range of soils
Shade; rapid growth; wide
Vinca minor Littleleaf Periwinkle
range of soils
VEGETATION SUITABLE FOR USE AS SCREENING MATERIAL
Partial shade; attractive
Camellia japonica Camellia
foliage, flowers
Camellia sasanqua Sasanqua Camellia Smaller than C. japonica
Cedrus deodara Deodar Cedar Accent plant
Accent plant; tolerates
Cleyera japonica Clereya pruning; shade; intolerant of
wet sites
Prune in spring; borders;
Cortaderia selloana Pampas Grass
hedge
Street tree; attractive foliage;
Cryptomeria japonica Cryptomeria
protect from winter winds
X Cupressocyparis Rapid growth; attractive
Leyland Cypress
leylandii foliage; withstands pruning
Elaeagnus pungens Eleagnus
soils/conditions; soil stabilizer
Withstands heavy pruning;
Euonymus japonicus Evergreen Euonymus
disease prone
Ilex x Nelly Stevens Holly ‘Nellie R Stevens’ Screening Drought tolerant; pyramidal
Ilex x attenuata East Palatka Holly ‘East Palatka’
Tolerates urban conditions;
Ilex x attenuata Foster Holly ‘Fosteri’
good for tight spaces
Ilex aquifolum English Holly Dense foliage; attractive fruit
Ilex cornuta Chinese Holly
Upright, rounded form;
Ilex cornuta Burford Holly ‘Burfordii’
tolerates pruning
Ilex crenata Japanese Holly Hedge; urban conditions
Specimen; requires light
Ilex latifolia Lusterleaf Holly
shade
Pyramidal form; attractive
Ilex opaca American Holly
foliage, fruit
Ilex opaca Savannah Holly ‘Savannah’
Ilex pernyi Perny Holly
Ilex vomitoria Yaupon Holly Screening Tolerates wide range of soils
Dense; mass plantings; long
Juniperus virginiana Eastern Redcedar
lived;
Hedge; adaptable to wide
Ligustrum japonicum Japanese Privet
Hedge; adaptable to wide
Ligustrum lucidum Glossy Privet
Tolerates pruning; tolerates
Loropetalum chinensis Loropetalum
heavy shade
Large scale; attractive foliage;
Magnolia grandiflora Southern Magnolia
litter problem
Magnolia virginiana Sweetbay Magnolia Tolerates wet site
Pruned screen; tolerates

Myrica cerifera Southern Waxmyrtle
infertile soils
Osmanthus x fortunei Fortune’s Osmanthus Tolerates heavy pruning
Photinia glabra Red Photinia Hedge; bright red foliage
Photinia serrulata Chinese Photinia Hedge; withstands pruning
Tolerates drought, heat; wide
Pinus nigra Austrian Pine
range of conditions
Pinus sylvestrus Scotch Pine
conditions
Residential scale; tolerates
Pinus thunbergiana Japanese Black Pine
low moisture
Hedge; tolerates heavy
Prunus caroliniana Carolina Cherrylaurel
pruning
Hedge; tolerates heavy
Prunus laurocerasus Cherrylaurel
pruning
Prunus laurocerasus Schipka Laurel ‘Schipikaensis’ Wide spreading form
Thuja occidentalis American Arborvitae Tolerates pruning
Attractive foliage; tolerates
Viburnum rhytidophyllum Leatherleaf Viburnum
heavy shade
ZONING
ORDINANCE
Article 7: Subdivision Standards
Rock Hill, South Carolina I Zoning Ordinance

ARTICLE 7: SUBDIVISION STANDARDS
7-100 SUBDIVISIONS ............................................................................................................................7-1

(A) APPLICABILITY ....................................................................................................................7-1
(B) REQUIRED PUBLIC IMPROVEMENTS .....................................................................................7-1
(C) SUBDIVISION CONFIGURATION STANDARDS .......................................................................7-13
(D) IMPROVEMENT GUARANTEES FOR PUBLIC IMPROVEMENTS .................................................7-16
7-200 CONSERVATION SUBDIVISION...............................................................................................7-18
(A) PURPOSE AND INTENT ......................................................................................................7-18
(B) APPLICABILITY ..................................................................................................................7-18
(C) EXEMPTIONS ....................................................................................................................7-19
(D) PROCEDURE ....................................................................................................................7-19
(E) CONSERVATION SUBDIVISION STANDARDS ........................................................................7-19
(F) OPEN SPACE SET-ASIDE STANDARDS ...............................................................................7-20
7-300 APPENDIX 7-A CONSTRUCTION STANDARDS ........................................................................ 21
Section 7-100: Subdivisions
Subsection 7-100(A): Applicability
7-100 SUBDIVISIONS
(1) General
Unless exempted by Section 2-300(I)(3), Exemptions, the
standards in this section shall be minimum standards that apply to
all subdivisions of land in the City.
(2) Installation of Required Public Improvements

Unless subject to the standards in Section 2-300(I)(5)(e)(4),
Deferral of Sidewalk Installation, all required public improvements
shall be installed prior to the approval of a Final Plat for Subdivision
(see Section 2-300(I)(5)(f)), in accordance with the standards in this
section.
7-100(B) Required Public Improvements

(1) Streets
(a) Consistency with Transportation Plan
1. Public street design shall conform to the arrangement, width, and
location standards specified in the City’s official Transportation
Plan and Functional Classification Map.
2. Proposed public streets not identified on the official

Transportation Plan or Functional Classification Map, shall be
designed and located in accordance with Section 7-100(B)(1)(b),
Street Design Standards, and Section 6-800(A)(2), General
Community Design Standards.
(b) Street Design Standards

All streets not depicted on the City’s official Transportation
Plan or Functional Classification Map shall comply with the
FIGURE 7-100(A): MODIFIED GRID PATTERN

1. Grid Pattern
Development should support a grid or
modified grid street network to the maximum
extent practicable. Curvilinear street
networks should only be used when
topographic or environmental constraints
prevent use of the grid pattern, when
established development patterns on
adjacent lands make the grid pattern
infeasible, or in conjunction with a grid
pattern to limit exceptionally long vistas
exceeding one thousand two hundred (1,200)
Subsection 7-100(B): Required Public Improvements
feet down straight streets.
2. Arterial and Collector Street Location

If an arterial or collector street is located on or
adjacent to a development, the development shall
continue the street to a logical termination point.
(c) Street Specification Standards

The minimum public street specifications shall be in
accordance with the Construction Standards of Appendix 7-
A, and Table 7-100(B)(1), Street Specification Standards:
TABLE 7-100(B)(1): STREET SPECIFICATION STANDARDS

MINIMUM PAVEMENT WIDTH (FT)
MINIMUM
[1] MAX.
RIGHT CURB AND
ON VOLUME SIDEWALK
ON- OF WAY MAX. GUTTER
STREET TYPE NO ON- STREET (TRIPS/ REQUIREMENTS
STREET WIDTH GRADE WIDTH (FT)
STREET PARKING DAY) [4]
PARKING (FT) [5]
PARKING BOTH [3]
1 SIDE [2]
SIDES
Alley (One-Way) [6] 12 16 20 12-20 12% N/A None None
One Way 12 18 22 35-45 12% 1 side 4
Place [7] 20 22 26 43-49 12% Up to 100 1 side 4
Lane [7] 22 24 28 50-56 12% Up to 250 Both sides, 1 side 4

for cul-de-sacs
less than 200 feet
Sub-Collector [7] 24 26 30 52-58 12% Up to 800 4
and within
Residential Conservation
24 26 30 52-58 [4] 10% Up to 1,500 Subdivisions 4
Collector
Commercial 8–
26 28 32 54-60 [4]
Collector 10% More than
Both sides 4
Arterial/Major 1,500
As determined by SCDOT
Collector
NOTES:
[1] The number of travel and turn lanes to be provided shall be in accordance with the Official Transportation Plan, and Section 6-1000,
Traffic Impact Standards.
[2] The minimum right-of-way width includes the minimum pavement width as well as sidewalks and seven- (7) foot street tree planting
areas. The amount of ROW to be dedicated increases by twelve (12) feet for each additional lane added.
[3] Where traffic volumes exceed these levels, the street may no longer be considered as a local street, and shall be required to meet the
standards for sub-collector, collector or arterial streets based on the street’s average daily traffic volume.
[4] Minimum sidewalk widths shall be eight (8) feet along collectors and arterials in the DTWN and NC Districts, and five (5) feet along all
other streets. Sidewalks shall be tapered by one (1) foot in width for every five (5) feet in length in areas where an eight (8) –foot section
meets a five (5) –foot section. Sidewalks shall be separated from the back of the curb by the street tree planting area.
[5] When required, curb and gutter shall be placed on both sides of a street with a minimum span of two (2) feet per side.
[6] Alley width shall be limited to a maximum of twelve (12) feet within twenty linear (20) feet of an intersection with any other street or
alley.
[7] The operating speeds for these streets shall not exceed twenty-five (25) miles-per-hour.
(d) Street Cross Section Diagrams
Figure 7-100(B)(1), Street Cross Section for One Way and
Place Street Types, and Figure 7-100(B)(2), Street Cross
Section for Lane, Sub-Collector, and Collector Street Types
summarize the standards established in Table 7-100(B)(1),
Street Specification Standards. In the event that Figures 7-
100(B)(1) or 7-100(B)(2) conflict with the standards in Table
7-100(B)(1), or other standards in this Ordinance, the

standards in Table 7-100(B)(1) or the other standards in this
Ordinance shall control.
FIGURE 7-100(B)(1): STREET CROSS SECTION FOR ONE WAY AND PLACE
STREET TYPES
FIGURE 7-100(B)(2): STREET CROSS SECTION FOR LANE, SUB-COLLECTOR,

AND COLLECTOR STREET TYPES
Section 0:
(e) Subdivision Accessibility

1. Unless exempted by subsection (3) below, all subdivisions shall
provide access from the development to the Greater City Street
System in accordance with Table 7-100(B)(2), Required
Subdivision Access.
TABLE 7-100(B)(2): REQUIRED SUBDIVISION ACCESS

MINIMUM REQUIRED NUMBER OF
USE CATEGORY
ACCESS POINTS
Residential Use Categories (in Number of Units)
80 or fewer 1
81-159 2
160 or more 3
All Other Use Categories (in Total Subdivision Size)
Less than 20 Acres 1

20 or more Acres 2 + 1 for every additional 20 acres
2. Nothing in this subsection shall limit the total number of streets

accessing the Greater City Street System, or exempt a
development from meeting the applicable external street
connectivity requirements in Section 6-800(A)(2)(c).
3. Exceptions
Access to a subdivision may be limited to one (1)
access point if it is demonstrated all the following
conditions apply:
FIGURE 7-100(B)(3): EXCEPTIONS

a. No other access points can be obtained or located due to
parcel configurations, absence of connecting streets, or
environmental or topographic constraints;
b. No lot intended for single-family detached, attached, or a

two- to four-family dwelling fronts the entrance street within
one thousand (1,000) feet of the intersection of the
entrance street and the public street serving it; and
c. The entrance street has a dedicated left turn lane sufficient

to accommodate peak left turn traffic, and is unlikely to be
blocked by vehicles turning left to leave the development.
(f) Cul-de-sac and Temporary Dead End Streets

1. Temporary Dead End Streets
Dead end streets shall be allowed only on a temporary
basis to serve a phase or portion of a subdivision. In
the event that a Final Plat (Section 2-300(I)(5)(f)) for
the phase or portion of a subdivision served by a
Section 0:
temporary dead end street is submitted for approval

and/or recording, the Final Plat shall include a
notation that the street is temporary, and that
additional modifications to the street will occur as
additional phases or portions of the subdivision are
developed.
2. Total Road Footage

a. Residential Development
Cul-de-sac streets shall be limited to a
maximum of fifteen percent (15%) of the total
road footage in a residential development.
b. Non-residential and Mixed Use Development
Cul-de-sacs streets shall be limited to no more
than ten percent (10%) of the total road
footage in a non-residential or mixed use
development.
3. Maximum Length
a. Cul-de-sac streets shall not extend for more than five
hundred (500) feet as measured from the center of the
cul-de-sac turn around to the nearest right-of way
boundary of the adjoining street right-of-way intersection.
b. Temporary dead-end streets shall not extend for more

than three hundred-fifty (350) feet and shall be provided
with a temporary paved turn around.
c. In no case shall a cul-de-sac or temporary dead end

street serve more than twenty (20) lots in a
development.
d. For the purposes of calculation of the connectivity index

(see Section 6-800(A)(2)(b), Internal Street
Connectivity), temporary dead end streets terminating at
the perimeter of a development shall be counted as a
link. In no case shall a temporary dead end street
terminating at a point internal to the development be
counted as a link.
4. Termination
a. Cul-de-sac streets shall terminate in a circular turn
around having a right-of-way radius of at least fifty (50)
feet, and a paved turning radius of at least forty (40) feet.
b. Cul-de-sac streets shorter than one hundred-twenty

(120) feet may utilize a “T-Head” cul-de-sac, which shall
terminate in a twenty (20) foot paved section that is at
least seventy (70) feet wide to provide ample turning
room.
Section 0:
(g) Half Streets

The construction of half streets is prohibited.
(h) Private Streets

1. All private streets shall be built to City standards in accordance
with Table 7-100(B)(1), Street Specification Standards and all
other applicable City standards.
2. All private streets shall be identified on the Detailed Construction

Plans, Intermediate Field Survey Plat, and Final Plat for
Subdivision (see Section 2-300(I)(5)(c), (d), and (f)).
(i) Alleys
1. Alleys may be used in residential, business, and planned
development districts.
2. Alleys serving twenty-five (25) or fewer residential dwelling units

may be private streets.
3. Alleys shall be provided in accordance with the standards in

Section 6-800(A)(2)(d), Access to Individual Lots.
4. Alleys shall be limited to a maximum width of twelve (12) feet

within twenty (20) linear feet of an intersection with any other
street or alley.
5. Alleys shall not be included within the connectivity index

calculation in Section 6-800(A)(2)(b)(1), Connectivity Index.
(j) Intersections
1. The centerline of no more than two (2) streets shall intersect at
any one (1) point.
2. Streets shall be laid out so as to intersect as nearly as possible

at right angles, and no street or driveway shall intersect any
other street at any angle of less than seventy-five (75) degrees
(see Figure 7-100(B)(4), Intersection Standards).
FIGURE 7-100(B)(4): INTERSECTION STANDARDS
3. The property line at street intersections shall be either rounded

with a radius of twenty (20) feet minimum or chamfered. When
determining setback lines, the setbacks shall be measured as if
Section 0:
using the rounded twenty- (20) foot radius regardless of the

method used. This standard may be reduced by the
Development Services Director when the angle of intersection is
less than eighty-five (85) degrees, or increased when the
intersection includes an arterial or collector street, to provide a
minimum of ten (10) feet between the property line and the curb
line.
4. Street jogs or offsets shall be avoided to the maximum extent

practicable except where needed to interrupt or terminate long
vistas on streets in residential developments (see Section 7-
100(B)(1)(b)(1)). Where unavoidable, street jogs at the
intersection of two (2) streets shall have a centerline offset of at
least one hundred twenty-five (125) feet (see Figure 7-100(B)(5),
Street Jogs or Offsets).
FIGURE 7-100(B)(5): STREET JOGS OR OFFSETS
(k) Reverse and Horizontal Curves

1. Tangent distances of at least one hundred (100) feet on places
and lanes and one hundred-fifty (150) feet on collector streets
shall be provided between reverse curves.
2. Tangent distances on arterial streets shall conform to the

requirements of SCDOT.
3. The minimum centerline radius of a curvature for horizontal

curves shall be in accordance with Table 7-100(B)(5), Horizontal
Curve Minimum Centerline Radius Standards.
TABLE 7-100(B)(5): HORIZONTAL CURVE MINIMUM CENTERLINE RADIUS

STANDARDS
MINIMUM RADIUS OF DESIGN SPEED
STREET TYPE
CURVATURE (FT) (MPH)
Place 100 15-20
Lane 125 20
Sub-Collector 150 [1] 20-25
Residential Collector 175 [1] 25-35
Major Collector 255 [2] 35
Arterial As determined by SCDOT
NOTES:
[1] A maximum super-elevation of four percent (4%) (corresponding to a radius of two hundred five (205)
feet, degree of curvature of twenty-eight (28) degrees, and a design speed of twenty-five (25) mph) will be
permitted.
Section 0:
TABLE 7-100(B)(5): HORIZONTAL CURVE MINIMUM CENTERLINE RADIUS

STANDARDS
MINIMUM RADIUS OF DESIGN SPEED
STREET TYPE
CURVATURE (FT) (MPH)
[2] A maximum super-elevation of four percent (4%) (corresponding to a radius of four hundred twenty
(420) feet, degree of curvature of thirteen and six-tenths (13.6) degrees, and a design speed of thirty-five
(35) mph) will be permitted. Tangent length between horizontal curves shall be related to the required
length of tangent runout, as governed by AASHTO design standards.
4. A curve of reasonable radius shall be introduced wherever a

deflection angle occurs in the alignment of a place, lane, sub-
collector, collector, or arterial street.
(l) Sight Obstruction

1. Sight Distance Triangle
a. No object or sign shall interfere with visibility within the
Sight Distance Triangle of an intersection of public
streets (assuming eye level at three-and-one-half (3½)
feet to six (6) feet from a distance of fifteen (15) feet
from the edge of the pavement) (see Figure 7-100(B)(6):
Sight Distance Triangle).
FIGURE 7-100(B)(6): SIGHT DISTANCE

TRIANGLE
b. The length of the sight distance triangle shall be

calculated in accordance with Table 7-100(B)(7), Sight
Distance Triangle Determination.
Section 0:
TABLE 7-100(B)(7): SIGHT DISTANCE TRIANGLE DETERMINATION
MINIMUM SIGHT DISTANCE

# OF LANES
(IN FEET PER EVERY 10 MPH OF STREET DESIGN SPEED)
2 100
3 110
4 120
5 125
6 130
Example: A 2-lane street with a design speed of 35 mph would require a minimum sight
distance of 350 feet from the edge of an intersection (100 x 35 = 350)
2. Sight Triangles
Wherever an alley, private drive, or driveway
intersects with a public street, the following standards
apply:
a. Street/Alley Sight Triangle
No visual obstruction over three and one half
(3½) feet in height shall be permitted within the
twenty-five- (25) foot sight distance triangle
created at the intersection of an alley and
street. As depicted in Figure 7-100(B)(8), Sight
Triangles, the triangle is measured from a point
where the curb line and the center line of the
alley meet. The distance from this point shall
be twenty-five (25) feet along the street curb
line ("B") and twenty-five (25) feet along the
alley center line ("A"). The third side of the
triangle ("C") connects these two (2) sides,
creating the sight distance triangle.
FIGURE 7-100(b)(8) SIGHT TRIANGLES
Section 0:
b. Garage Entrance/Alley Sight Triangle

six- (6) foot sight distance triangle created at
the intersection of a garage entrance and alley.
c. Driveway/Street Sight Triangle
ten- (10) foot sight distance triangle created at
the intersection of a driveway and street.
3. Vertical Curves
Minimum stopping sight distance shall be in
accordance with Table 7-100(B)(9), Minimum Sight
Stopping Distance Standards:
TABLE 7-100(B)(9): MINIMUM SIGHT STOPPING DISTANCE

STANDARDS
REQUIRED MINIMUM
DESIGN SPEED
STREET TYPE SIGHT STOPPING
(MPH)
DISTANCE (FT)
Place, Lane, Sub-collector, and
150 25
lower order streets
Residential And Major Collector 225 35

Arterial As determined by SCDOT
(m) Street Names

1. Streets that are extensions of, or in alignment with, existing
named streets shall bear the name of the existing street.
2. The names of new streets shall be approved as part of the

Preliminary Plat for Subdivision (see Section 2-300(I)(5)(b)).
3. The names of new streets shall not duplicate or be phonetically

similar to existing street names in the City or York County,
irrespective of the use of the suffix (e.g., street, avenue, circle,
way, boulevard, drive, place, court, etc.).
(n) Street Signs

1. Prior to the approval of the Final Plat for Subdivision (see
Section 2-300(I)(5)(f), the owner/developer shall determine the
type and number of required street signs, and shall provide a
payment to the city, who shall then purchase and install all
required street signs.
2. The design, construction, materials, and placement of all street

name, regulatory, warning, and guide signs shall conform to the
standards of this Ordinance and be shown on the construction
drawings.
Section 0:
3. The owner/developer shall be required to provide a payment to

the City for repair or replacement of any street sign that is
damaged during construction.
(o) Street Trees

Street trees shall be provided in accordance with Section 6-
800(A)(2)(g), Street Trees.
(p) Utility Strips

Utility strips shall be provided on both sides of every street
(except alleys) in the City, and shall comply with the
following requirements:
1. Utility strips shall have a minimum width of at least ten (10) feet;
2. Street trees and required landscaping shall be located outside of

utility strips;
3. Utility strips shall be planted with grass or other appropriate

ground cover;
4. Sidewalks shall be located outside of utility strips to the

maximum extent practicable; and
5. Utility strips shall be located inside utility easements adjacent to

the street right-of-way unless an alternative configuration is
approved by the Development Services Director.
Minimum utility strip width may be reduced on a case-by-

case basis where utilities are placed within easements
located in or adjacent to alleys.
(q) Gated Streets

For the purposes of preserving access to public and private
lands by utility companies, emergency service providers, and
other agents of the City, gates, barriers, or other devices
intended to obstruct vehicular or pedestrian traffic along a
public or private street right-of-way shall be prohibited.
(2) Curb and Gutter

Except for alleys, concrete curbing and gutters shall be installed on
all streets in accordance with the construction standards
established in Appendix 7-A of this Ordinance.
(3) Sidewalks
(a) Where Required
1. Except as specifically exempted by subsection (b) below,
sidewalks shall comply with the construction standards in
Appendix 7-A, and shall be provided in accordance with Table 7-
100(B)(1), Street Specification Standards regardless of whether
the street they serve is new or existing.
Section 0:
2. In cases where the block length exceeds eight-hundred (800)

linear feet, sidewalks meeting the construction standards of
Appendix 7-A shall be provided mid-block if practicable to
connect parallel streets on the long side of the block.
(b) Exemptions
Sidewalks shall not be required when:
1. A pedestrian pathway can serve the same function as a
sidewalk;
2. A pedestrian pathway internal to a block provides access to each

lot in the block; or
3. The Development Services Director determines it is impractical

due to environmental or topographical constraints.
(c) Connection Required

All required sidewalks shall connect with existing or planned
sidewalks at property boundaries.
(4) Public Water and Sanitary Sewer

(a) Timing
Prior to the approval of the Final Plat for Subdivision (see
Section 2-300(I)(5)(f), all potable water mains, valves, and
sanitary sewer lines shall be installed by the
owner/developer in accordance with city and DHEC policies,
standards, and specifications.
(b) Configuration
When a water main or sewer line is installed in a street right-
of-way, connections shall be stubbed out to the property
lines of each lot.
(c) Easements
In cases where public water and sewer lines can not be
placed within the public right-of-way, easements shall be
provided, and shall be centered along or adjacent to lot lines
to the greatest extent practicable. Easements shall be sized
in accordance with City and DHEC standards.
(5) Storm Drainage

(a) General
Prior to approval of a Final Plat for Subdivision (see Section
2-300(I)(5)(f), the owner/developer shall install storm
drainage facilities in accordance with this subsection and the
City Code of Ordinances. Storm drains shall include, but not
be limited to necessary open ditches, pipes, culverts, storm
sewers, intersectional drains, drop inlets, retention ponds,
detention ponds, stormwater BMPs, and other necessary
appurtenances.
Section 0:
Subsection 7-100(C): Subdivision Configuration Standards
(b) Standards
Storm drainage facilities shall meet the following standards:
1. No Release into Sanitary Sewer
No surface water drainage from a development shall
empty into a sanitary sewer.
2. Conform with City Standards

The size, design, and construction of drainage
structures shall conform with the standards in Section
10-442 of the City Code of Ordinances.
(6) Functional Fire Protection

Development shall include functional fire protection, including but
not limited to adequate street access and water supplies for fire-
fighting equipment, prior to commencing construction on structures
within the development.
(7) Monuments
(a) All lot corners, street corners, and points of change of directions in
exterior boundaries of a development shall be marked with a metal rod at
least twenty-four (24) inches long with an outside diameter of one-half
(½) inch driven to within four (4) inches above the finished grade, or
flush, as conditions require.
(b) Monuments identifying individual lot corners shall remain in place until
the structure on the lot has received a Certificate of Occupancy.
7-100(C) Subdivision Configuration Standards

(1) Lots
Lots shall comply with the following standards:
(a) General Requirements

The size, shape, and location of lots shall be established
with due regard to topographic conditions, environmental
constraints, allowed uses, and the established character of
the surrounding area.
(b) Lot Sizes and Building Setback Lines

Lot sizes and building setback lines shall conform to the
minimum lot area, minimum lot width, and minimum yard
standards established in Article 5: Density, Intensity and
Dimensional Standards, and the design standards of Section
6-800, Design Standards, unless otherwise expressly
exempted by this Ordinance.
(c) Lot Lines
Section 0:
To the maximum extent possible, side lot lines shall be at

right angles to straight street lines and radial to curved street
lines. Property lines at street intersections shall be rounded
with a minimum radius of twenty (20) feet.
(d) City Limit Lines

A lot shall not be divided by city limit lines.
(e) Corner Lots

Corner lots shall be wide enough to accommodate the
required setbacks on both streets.
(f) Through Lots

Through lots shall be prohibited except where deemed
essential to provide separation of Household and Group
Living uses from railroad or arterial street right-of-way, or
where they are necessary due to topographical conditions.
(g) Flag Lots

1. General
Flag lots shall be prohibited except where
they are necessary to eliminate access onto
arterial or collector streets.
2. Minimum Width
A flag lot shall have a minimum lot width at
the edge of the street right-of-way of at least
thirty-five (35) feet.
3. Consolidate Access
Use of a single driveway, granted through an
easement to serve existing adjoining flag lots
or to serve a flag lot and an existing adjoining
conventional lot, is permitted and encouraged
to reduce access points on public streets as
depicted in Figure 7-100(C)(1), Consolidation
of Access.
FIGURE 7-100(C)(1): CONSOLIDATION OF

ACCESS
(h) Individual Lot Access

Every lot shall front or abut upon a street that
meets the standards of this Ordinance and
the City Code of Ordinances.
Authority of the Department of Health and Environmental Control (DHEC)
Section 0:
Nothing in this section shall be construed as preventing

DHEC from requiring that all or any portion of a development
not be built upon, or from requiring minimum lot sizes to be
increased for protection of the public health.
(2) Easements
Easements shall comply with the following standards:
(a) Utility Easements

1. Easements for potable water and sanitary sewer shall be located
within the street right-of-way, where practicable.
2. Easements for electrical lines shall be located within an

easement adjacent to a street right-of-way to the maximum
extent practicable.
3. In situations where utilities are located outside of a street right-

of-way, the following standards shall apply:
a. Utility easements for public water, sanitary sewer mains,

and electrical lines shall be dedicated to the City;
b. Existing utility easements for potable water, sanitary

sewer, and electrical service shall be shown on the
Preliminary Plat for Subdivision, Detailed Construction
Plans, and the Intermediate Field Survey Plat (see
Section 2-300(I)(5)(b), (c), and (d));
c. Proposed utility easements for potable water and

sanitary sewer shall be shown on the Preliminary Plat for
Subdivision, Detailed Construction Plans, and the
Intermediate Field Survey Plat (see Section 2-
300(I)(5)(b), (c), and (d));
d. All utility easements for potable water, sanitary sewer,

and electrical service shall be shown on the Final Plat for
Subdivision (see Section 2-300(I)(5)(f));
e. Utility easements shall be centered along or adjacent to

lot lines, to the maximum extent practicable;
f. Utility easements for sanitary sewers shall be a minimum

of thirty (30) feet in width;
g. Easements for potable water shall be a minimum of

twenty (20) feet in width; and
h. Easements for electrical service shall be a minimum of

ten (10) feet in width.
4. No owner/developer shall place any part of a structure,

permanent equipment, permanent retaining wall, or
impoundment within a public utility easement dedicated to the
City. Fences and walls may be permitted within public utility
easements with approval from the Public Services Director.
Section 0:
Subsection 7-100(D): Improvement Guarantees for Public Improvements
(b) Watercourse and Drainage Easements

1. Where a subdivision is traversed by a watercourse, drainage
way, channel, or stream, a stormwater or drainage easement
shall be provided that substantially conforms with the lines of
such watercourse, plus additional width that is adequate and
necessary to convey expected storm flows and/or stormwater
drainage facilities. Streets paralleling such easement may be
required in connection therewith.
2. The City shall accept no responsibility to maintain any storm

drainage structures, except for those lying within a public right-
of-way or traversing City-owned land.
(3) Open Space

Open space set-asides shall be provided in accordance with the
standards in Section 6-600, Open Space Standards.
(4) Oversizing and Reimbursement

(a) Oversized Improvements
Wherever a development contains public improvements that
are required by the City to be larger than that necessary to
serve the development, the owner/developer shall negotiate
with the appropriate city departments to determine the
proportionate shared costs for the required improvements.
Negotiated costs will be in accordance with existing City
policy in place at the time of installation.
(b) Reimbursements
Reimbursements to the owner/developer on oversized public
improvements shall be in accordance with existing city policy
in place at the time of installation.
7-100(D) Improvement Guarantees for Public Improvements

(1) General
Improvement guarantees, posted in accordance with the
requirements of this subsection, shall be required for the following
activities:
(a) The mandatory two (2) year warranty period following approval of the
Final Plat for Subdivision (see Section 2-300(I)(5)(f)) for any street
proposed for dedication to the City; and
(b) Deferral of the installation of sidewalks within street rights-of-way in a

single-family residential development.
(2) Bonding Prohibited

No bonding of the installation of required public improvements shall
be accepted.
Section 0:
Subsection 7-100(D): Improvement Guarantees for Public Improvements
(3) Performance Guarantees

(a) Form of Performance Guarantee
Where required, the owner/developer shall furnish a
performance guarantee in any of the following acceptable
forms:
1. Cash deposit with the City;
2. Certified check from a South Carolina lender based upon a cash

deposit, in a form acceptable to the City Attorney;
3. Irrevocable letter of credit from a South Carolina banking

institution in a form acceptable to the City Attorney; or
4. Any other financial security found acceptable by the City

Attorney. Performance bonds will not be accepted.
(b) Amount of Performance Guarantees

1. Performance guarantees associated with a street proposed for
dedication to the City shall be at least one hundred fifty percent
(150%) of the cost of the final lift of asphalt (including materials
and labor) associated with each public street being dedicated to
the City.
2. Performance guarantees required for deferral of public sidewalks

shall equal one hundred twenty-five percent (125%) of the cost
of the materials and labor associated with sidewalks being
deferred.
3. In cases where deferred installation of sidewalks is approved,

sidewalks shall be installed with a minimum four- (4) inch section
as depicted in Appendix 7-A.
4. Whenever guarantees are renewed, the City may require the

guarantee be updated based on a standard engineering cost
index to reflect increases in construction costs over time.
(4) Release of Guarantees for Public Improvements

(a) Release
1. Release of a performance guarantee associated with a public
street shall occur after passing final inspection of the pavement,
curb, gutter, and other relevant features within the right-of-way.
A final inspection of a dedicated street shall not occur prior to the
expiration of the two (2) –year warranty period following issuance
of a Final Plat for Subdivision (see Section 2-300(I)(5)(f).
2. Release of a performance guarantee associated with the deferral

of a sidewalk shall occur following passing final inspection of the
sidewalk. In no event shall a final inspection be scheduled for a
date exceeding one (1) year from the approval of the Final Plat
for Subdivision (see Section 2-300(I)(5)(f)).
(b) Partial Release

Partial releases of performance guarantees shall be
prohibited.
Section 7-200: Conservation Subdivision
(c) Releases Shall be Recorded

The City shall record all releases of financial guarantees, or
in the alternative, shall record a notice of the City’s final
acceptance of the public improvements in the Register of
Deeds Office.
(5) Statement of Guarantee

In cases where a subdivider seeks to defer the installation of
sidewalks in accordance with Section 2-300(I)(5)(e), the Final Plat
for Subdivision shall include the following Statement of Guarantee:
“THIS FINAL PLAT IS SUBJECT TO A PERFORMANCE

GUARANTEE, WHICH MEANS THAT ALL REQUIRED
PUBLIC IMPROVEMENTS ARE NOT COMPLETED.
ISSUANCE OF BUILDING PERMITS PRIOR TO
COMPLETION OF PUBLIC IMPROVEMENTS SUBJECT
TO THE PERFORMANCE GUARANTEE SHALL OCCUR
AT THE SOLE DISCRETION OF THE CITY OF ROCK HILL.
IN THE EVENT THE DEVELOPER DEFAULTS AND THE
CITY MUST COMPLETE THE IMPROVEMENTS, THE
DEVELOPER WILL BE ASSESSED ANY DIFFERENCE
BETWEEN THE AMOUNT OF THE PERFORMANCE
GUARANTEE AND ACTUAL CONSTRUCTION COST.”
(6) Forfeiture of Security

(a) Notice of Failure to Install or Complete Improvements
If a subdivider fails to properly install, repair, and/or maintain all required
public improvements within the time-frames established by this section,
the City shall give thirty- (30) days written notice to the subdivider by
certified mail, after which time the City may draw on the security and use
the funds to complete the required improvements.
(b) City Completion of Improvements

After completing the required public improvements, the City shall provide
a complete accounting of the expenditures to the subdivider and, as
applicable, refund all unused security deposited, without interest.
7-200 CONSERVATION SUBDIVISION

Conservation subdivisions are an alternative development pattern intended to preserve
and protect open space and significant natural resources. The purpose of this section is
to provide standards for a conservation subdivision.
Development utilizing the conservation subdivision option shall be limited to the
construction of single-family detached or attached dwellings within the Rural Holding
(RH) and Single-Family-2 (SF-2) zone districts (see Section 3-200(B)).
Subsection 7-200(C): Exemptions
7-200(C) Exemptions
Development utilizing the conservation subdivision option shall be exempted from the
(1) Section 6-200(C), Retention of Existing Tree Canopy, outside of the

open space set-aside area;
(2) Section 6-300(D), Site Landscaping;
(3) Section 6-800(A)(2)(b), Internal Street Connectivity;
(4) Section 7-100(B)(1)(d), Subdivision Accessibility;
(5) Section 7-100(B)(1)(e), Cul-de-sac and Temporary Dead End

Streets; and
(6) Section 7-100(B)(1)(h), Alleys.
7-200(D) Procedure
Development utilizing the conservation subdivision option shall be approved in
accordance with Section 2-300(I)(5)(g), Conservation Subdivision.
7-200(E) Conservation Subdivision Standards

A conservation subdivision shall:
(1) Minimum Project Size

Be at least ten (10) acres in area (unless exempted by the Planning
Commission);
(2) Required Open Space Set-Aside

Set-aside a minimum of thirty-five percent (35%) of the site as open
space;
(3) Maximum Residential Density

Not exceed a density of three (3) units per gross acre;
(4) Maximum Number of Units

Not exceed a total of one hundred (100) dwelling units;
(5) Lot Area

Have no minimum individual lot size;
(6) Setbacks
(a) Front Yard Setbacks
Provide a minimum front yard setback of twenty (20) feet;
and
(b) Side and Rear Yard Setbacks

Subsection 7-200(F): Open Space Set-Aside Standards
Not be subject to minimum side yard or rear yard setback

standards.
7-200(F) Open Space Set-Aside Standards

Open space set-aside areas in conservation subdivisions shall comply with the following
standards:
(1) Design Standards for Open Space Set-Asides

Open space set-asides shall comply with the design standards in
Section 6-600(C)(3), Design Standards for Open Space Set-Asides.
(2) Allowable Uses

The following uses shall be permitted within open-space set-asides
within conservation subdivisions:
(a) Passive recreational uses in accordance with Section 6-600(C)(4)(b),
Passive Recreational Uses;
(b) Agricultural uses, (see Section 4-200(D)(1), Agriculture);
(c) Community water supply and septic systems; and
(d) Required drainage or other utility easements.
(3) Tree Canopy Retention

Except as needed for streets, public utilities, or community water
supply and/or septic systems, removal of existing tree canopy from
open space set-aside areas is prohibited.
(4) Ownership Requirements

The open space set-aside area shall comply with the ownership
requirements in Section 6-600(D), Ownership of Open Space Set-
Asides.
Section 7-300: APPENDIX 7-A Construction Standards
7-300 APPENDIX 7-A CONSTRUCTION STANDARDS

All improvements required by this Ordinance shall comply with the standards specified by the City
of Rock Hill. The notes contained herein are not a complete list of those standards but are
intended to clarify certain standards and policies that impact development. The complete
construction standards for water and sewer construction may be obtained from the City Engineer's
office. Roadway/drainage standards must comply with current applicable SCDOT construction
standards.
FIGURE 7-A(1): STANDARDS FOR SIDEWALKS

A. Sidewalks
Sidewalks should be designed for site or soil conditions.
Sidewalks must leave sufficient room for mailboxes, utility
strips, and at least three (3) feet of landscaping, but need not
be a uniform distance from the curb. They should not cause
design or drainage problems in relation to the curb. The
developer may choose from the standards shown in Figure 7-
A(1), Standards for Sidewalks, and note such on all plat and
construction plans.
FIGURE 7-A(2): STANDARDS FOR PUBLIC

TRAILS
B. Trails
Trails may be provided as an alternative to
sidewalks in some cases (see Section 7-
100(B)(3)(b)). Trails that will be publicly used
and maintained shall be constructed to the
standards shown in Figure 7-A(2), Standards
for Public Trails:
Rock Hill, South Carolina l Zoning Ordinance May 14, 2007 Page 7- 21
C. Road Section and Materials

The minimum road section for all streets shall meet all SCDOT standards and at least one
(1) of the following standards (see Figure 7-A(3), Street Standards). Soil conditions and
traffic loading may warrant a stronger road section.
1. Subdivisions
Eight- (8) inch Aggregate Base Course, one-and-one-half- (1½) inch

Surface or Type IV Asphalt Course, and one-and-one-half- (1½)
inch Surface Asphalt Course.
2. Light Industrial
Eight- (8) inch Aggregate Base Course, two- (2) inch Surface or
Type IV Asphalt Course, and two- (2) inch Surface Asphalt Course.
3. Heavy Commercial/Industrial
Ten- (10) inch Aggregate Base Course, two- (2) inch Surface or
Type IV Asphalt Course, and two- (2) inch Surface Asphalt Course.
Design Engineer must submit traffic counts, design and
recommended section that meets or exceeds minimum
requirements.
4. Special
Four- (4) inch Asphalt Binder Base Course, two- (2) inch Surface or
Type IV Asphalt Course, and one-and-one-half- (1½) inch Surface
Asphalt Course. Use of this standard requires pre-approval from the
Public Works Department.
5. Entrances
Eight- (8) inch Asphalt Binder Base Course, two- (2) inch Surface or
Type IV Asphalt Course, and one-and-one-half- (1½) inch Surface
Asphalt Course. Required length of entrance section to be
determined by the Public Works Department. This requirement
applies to any access point (e.g. streets, driveways) that provides a
connection to the existing street network. All entrances shall meet
SCDOT standards.
FIGURE 7-A(3): STREET STANDARDS
ZONING
ORDINANCE
Article 8: Nonconformities
Rock Hill, South Carolina l Zoning Ordinance

ARTICLE 8: NONCONFORMITIES
8-100 GENERAL ................................................................................................................................. 1

(B) AUTHORITY TO CONTINUE ...................................................................................................... 1
(C) DETERMINATION OF NONCONFORMITY STATUS ....................................................................... 1
(D) MINOR REPAIRS AND NORMAL MAINTENANCE ......................................................................... 1
(E) CHANGE OF TENANCY OR OWNERSHIP ................................................................................... 2
8-200 NONCONFORMING USES ............................................................................................................. 2
(A) GENERAL .............................................................................................................................. 2
(B) CHANGE OF USE ................................................................................................................... 2
(C) EXPANSION AND ENLARGEMENT ............................................................................................. 2
(D) ABANDONMENT AND RE-ESTABLISHMENT ................................................................................ 2
8-300 NONCONFORMING STRUCTURES .............................................................................................. 3
(A) ENLARGEMENT ...................................................................................................................... 3
(B) RECONSTRUCTION AFTER DAMAGE ........................................................................................ 3
(C) RELOCATION ......................................................................................................................... 4
(D) CONVERSION TO ANOTHER USE ............................................................................................. 4
8-400 NONCONFORMING LOTS OF RECORD....................................................................................... 4
(A) RESIDENTIAL LOTS ................................................................................................................ 4
(B) BUSINESS DISTRICTS............................................................................................................. 4
8-500 NONCONFORMING SIGNS ............................................................................................................ 5
(A) GENERAL .............................................................................................................................. 5
(B) SIGNS MADE NONCONFORMING DUE TO CONDEMNATION ........................................................ 6
(C) AMORTIZATION OF NONCONFORMING SIGNS ........................................................................... 6
8-600 CORRECTION OF OTHER NONCONFORMITIES ........................................................................ 7
(A) INTERIOR AND EXTERIOR REMODELING OF BUILDINGS OR STRUCTURES .................................. 7
(B) ADDITIONS AND EXPANSIONS ................................................................................................. 9

Section 8-100: General
8-100 GENERAL
(A) Purpose and Intent
(1) General
In the provisions established by this Ordinance, there exist uses of
land, structures, lots of record, and signs that were lawfully
established before this Ordinance was adopted or amended, that
now do not conform to its terms and requirements. The purpose and
intent of this article is to regulate and limit the continued existence of
those uses, structures, lots of record, and signs that do not conform
to the provisions of this Ordinance, or any amendments thereto.
(2) Permit Nonconformities to Continue Until Removed, But Not

Encourage Survival
It is the intent of this Ordinance to permit most of these
nonconformities to continue until they are removed, but not to
encourage their survival except under the limited circumstances
established in this article. The provisions of this article are designed
to curtail substantial investment in nonconformities to preserve the
integrity of this Ordinance.
(B) Authority to Continue
Nonconformities are allowed to continue in accordance with the requirements of this

article, except nonconforming signs located in the Cherry Road and Saluda Street Road
Corridor Overlay (YR-1) district and certain billboards shall comply with the requirements
of Section 8-500(C), Amortization of Nonconforming Signs.
(C) Determination of Nonconformity Status
In all cases, the burden of establishing a nonconformity lawfully exists shall be on the
owner of the land on which the purported nonconformity is located.
(D) Minor Repairs and Normal Maintenance
Minor repairs and normal maintenance that are required to keep nonconforming uses,
structures, lots of record, and signs in a safe condition are permitted, provided the minor
repair or maintenance does not extend, expand, or enlarge the nonconforming use,
structure, lot of record, or sign. For the purposes of this section, "minor repair or normal
maintenance" shall mean:
(1) Maintenance of Safe Condition

Repairs that are necessary to maintain a nonconforming use,
structure, lot of record, or sign in a safe condition;
(2) Correction of Damage or Deterioration

Repairs that are necessary to correct any damage or deterioration to
the structural soundness or interior appearance of a structure
without altering the structure;
Section 8-200: Nonconforming Uses
Subsection 8-100(E): Change of Tenancy or Ownership
(3) Maintenance of Land for Safety

Maintenance of land areas to protect against health hazards and
promote the safety of surrounding uses; and
(4) Limited Sign Repairs and Maintenance

Repairs and maintenance of nonconforming signs, such as
repainting and electrical repairs, whose costs do not exceed twenty-
five percent (25%) of the replacement cost of the sign.
(E) Change of Tenancy or Ownership
Changes of tenancy, ownership, or management of an existing nonconformity are

permitted, and in such cases the nonconforming situation shall continue to be subject to
the requirements of this article.
8-200 NONCONFORMING USES
(A) General
Nonconforming uses are declared generally incompatible with the permitted uses in the
district in which they are located and with the provisions of this Ordinance.
Nonconforming uses shall be subject to the following standards.
(B) Change of Use
A nonconforming use shall not be changed to any other nonconforming use.
(C) Expansion and Enlargement
(1) Area Occupied by Nonconforming Use

A nonconforming use shall not be enlarged, expanded in area
occupied or intensified, except a nonconforming use may be
enlarged into any area of the same structure in which it is located
which was manifestly arranged or designed for such use prior to the
date the use became a nonconformity.
(2) Structure Devoted to Nonconforming Use

A structure devoted to a nonconforming use shall not be enlarged,
extended, moved, or structurally altered unless the area enlarged,
extended, moved, or structurally altered contains a use permitted in
the zone district in which the structure is located.
(D) Abandonment and Re-establishment
(1) General
Except for Retail Sales and Services uses existing in the
Neighborhood Office (NO) district on March 1, 2006, a
nonconforming use shall not be re-established after vacancy,
abandonment, or discontinuance for any six (6) consecutive months.
Efforts to renovate or repair the use is not considered a vacancy,
abandonment, or discontinuance, if the renovation or repair is
completed within six (6) consecutive months from commencement,
Section 8-300: Nonconforming Structures
Subsection 8-300(A): Enlargement
and the use is re-established within three (3) months from the time
the renovation or repairs are completed.
(2) Retail Sales and Services Uses in the Neighborhood Office

(NO) District
Any Retail Sales and Services use lawfully established and existing
in the Neighborhood Office district on March 1, 2006, shall be
allowed to remain and recommence operations following a period of
vacancy, abandonment, or discontinuance of six (6) months or
longer. The structure housing such a use may be renovated or
expanded in accordance with the standards in Section 3-300(B)(2),
Neighborhood Office District, and Section 8-600, Correction of Other
Nonconformities. In the event the structure housing such a
nonconforming Retail Sales and Service use is intentionally
destroyed or demolished such that the cost of restoration or
reconstruction exceeds fifty-one percent (51%) of the structure’s
assessed value prior to the demolition or destruction, the use
occupying the rebuilt or reconstructed portion of the structure shall
conform to the Neighborhood Office district standards.
8-300 NONCONFORMING STRUCTURES
(A) Enlargement
A nonconforming structure shall not be enlarged or expanded in a way that increases the
degree of nonconformity. (For example, a structure that has a five- (5) foot side yard
setback where the Ordinance requires a ten- (10) foot side yard setback cannot be
enlarged so as to further encroach into the side yard setback.) Expansion of the structure
in a way that complies with applicable dimensional standards or that decreases the
degree of nonconformity is permitted.
(B) Reconstruction after Damage
(1) Destruction or Damage Greater Than 75 Percent of Value

In the event the nonconforming portion of a structure is damaged or
destroyed, by any means, to the extent of more than seventy-five
percent (75%) of its structural replacement cost at the time of
damage or destruction, it shall only be restored in a manner that
conforms with the provisions of this Ordinance.
(2) 75 Percent or Less of Value

In the event a nonconforming structure is damaged or destroyed, by
any means, to an extent of seventy-five percent (75%) or less of its
structural replacement cost at the time of damage or destruction, it
may be re-built to its previous form if a Building Permit for such
repair or restoration is obtained within six (6) months, and repair or
restoration is actually begun within twelve (12) months after the date
of such partial damage or destruction and is diligently pursued to
completion.
Section 8-400: Nonconforming Lots of Record
Subsection 8-300(C): Relocation
(C) Relocation
A nonconforming structure shall not be moved, in whole or in part, to another location on

or off the parcel of land on which it is located, unless upon relocation it conforms to the
requirements of this Ordinance.
(D) Conversion to Another Use
The use of a structure which is nonconforming due to its failure to comply with minimum
standards in Article 5: Density, Intensity, and Dimensional Standards, (e.g. height,
setbacks, lot area, etc.) may be changed to a use that is permitted in the district in which it
is located, if no further encroachment is made to the minimum standards in Article 5:
Density, Intensity, and Dimensional Standards.
8-400 NONCONFORMING LOTS OF RECORD
(A) Residential Lots
(1) General
In the residential districts, notwithstanding limitations imposed by
other provisions of this Ordinance, a single-family dwelling and
customary accessory structures may be developed on any single lot
of record existing on March 1, 2006. The lot of record shall be in
separate ownership and not of continuous frontage with other lots in
the same ownership. This provision applies even though the lot of
record fails to comply with the standards for area or width in Article
5: Density, Intensity, and Dimensional Standards. Development of a
single-family dwelling on the lot of record shall comply with the other
standards in Article 5: Density, Intensity, and Dimensional
Standards, to the maximum extent practicable.
(2) Combination of Lots

If two (2) or more lots of record or combination of lots of record and
portions of lots of record with continuous frontage are in single
ownership on March 1, 2006, or on the date they become non-
conforming, and if all or part of these lots do not comply with the lot
area standards in Article 5: Density, Intensity, and Dimensional
Standards, the lots involved shall be considered to be an individual
lot for the purposes of this Ordinance, and no portion of these lots
shall be used or sold which do not comply with the lot area
standards in Article 5: Density, Intensity, and Dimensional
Standards, nor shall any division of the lots be made that leaves
remaining any lot that fails to comply with the lot area standards.
(B) Business Districts
In the business districts, notwithstanding limitations imposed by other

provisions of this Ordinance, a permitted use may be developed on any
single nonconforming lot of record existing on March 1, 2006, or the date
the lot of record became nonconforming, subject to review and approval of
the proposed use as a Special Exception Permit (Section 2-300(D), Special
Exception Permit). This provision shall apply even though the lot of record
Section 8-500: Nonconforming Signs
fails to comply with the standards for lot area that are applicable in the
Business district. In considering the application for Special Exception
Permit, the ZBA shall ensure the design and location of the proposed use
is compatible with surrounding uses. Development of the permitted use on
the lot of record shall comply with the other standards in Article 5: Density,
Intensity, and Dimensional Standards, to the maximum extent practicable.
8-500 NONCONFORMING SIGNS
(A) General
(1) Continue in Operation and Maintenance

Subject to the conditions set forth in this section, nonconforming
signs may continue in operation and maintenance, provided they are
not:
(a) Changed to or replaced with another nonconforming sign (this provision
shall not prohibit a change in copy or graphics on the sign face of the
sign);
(b) Structurally altered so as to extend useful life;
(c) Expanded;
(d) Relocated, except in compliance with this article; or
(e) Re-established after damage or destruction of more than fifty percent
(50%) of the replacement value at the time of such damage or
destruction. Any damage to a nonconforming sign that is not repaired
constitutes damage or destruction for purposes of this subsection.
Damages shall be cumulative.
(2) Maintenance, Repair, and Restoration of Non-Conforming
Signs
With the exception of Section 8-500(A)(1)(e) above, this section
shall not prevent the repair or restoration to a safe condition of any
part of a nonconforming sign or sign structure, or normal
maintenance operations performed on a nonconforming sign or sign
structure.
(3) Signs Associated with Vacated or Abandoned Nonconforming

Use
Signs advertising a nonconforming use shall not remain after the
use has vacated the site and/or structure, or if the use has been
abandoned. The land owner shall remove the sign within sixty (60)
days following the vacation or abandonment of the nonconforming
use.
(4) Nonconforming Signs Associated with a Demolished Structure

All elements of a nonconforming sign or signs that advertise a
structure that has been demolished shall be removed by the owner
within sixty (60) days of the structure’s demolition.
Section 8-500: Nonconforming Signs
Subsection 8-500(B): Signs Made Nonconforming Due to Condemnation
(5) Nonconforming Signs Associated with a Conforming Use or

Structure
All elements of a nonconforming sign or signs that advertise a
conforming use or structure shall not remain after the use being
advertised has ceased, or after the structure has been abandoned.
The landowner shall be responsible for removing or correcting all
nonconforming elements of the sign within sixty (60) days following
the cessation of the use or abandonment of the structure.
(B) Signs Made Nonconforming Due to Condemnation
When a sign is located on land condemned for road right-of-way acquisition, the following
standards shall apply:
(1) Not Located In or Overhang Right-of-Way

Any sign not located in or which does not overhang into the land
acquired for right-of-way may remain in place.
(2) Comply With State Standards

Any sign relocated off the new right-of-way for a state or federal
highway shall, at a minimum, comply with state standards for such
relocation.
(3) Relocated Off Right-of-Way for City Street

Any sign relocated off the right-of-way acquired for a City street or
for other purposes shall comply, to the maximum extent practicable,
with the setbacks for signs established in this Ordinance.
(C) Amortization of Nonconforming Signs
The following amortization standards shall apply to the following types of nonconforming
signage in the City.
(1) Nonconforming Signs in the Road Corridor Overlay District

Nonconforming signs in the Cherry Road and Saluda Street Road
Corridor Overlay (YR-1) Districts shall be amortized in accordance
(a) Applicability
Unless otherwise exempted, all freestanding signs in the
Cherry Road and Saluda Street Road Corridor Overlay
districts shall be removed, changed, altered, or otherwise
brought into compliance with the standards of this Ordinance
no later than January 1, 2010.
(b) Exemptions
Any nonconforming wall, projecting, directory, or temporary
signs shall be exempt from this subsection.
Section 8-600: Correction of Other Nonconformities
Subsection 8-600(A): Interior and Exterior Remodeling of Buildings or Structures
(c) Maximum Sign Face Area Limitation

Notwithstanding the standards of this subsection, in no case
shall the sign area per sign face for any freestanding sign
exceed a total area of two hundred (200) square feet (four
hundred (400) square feet in aggregate).
(2) Nonconforming Billboards

All billboards and their support structures located in the City shall be
considered nonconforming uses and structures subject to the
(a) Applicability
Unless otherwise exempted, billboards existing on April 18,
2005 shall be amortized or removed by May 13, 2012.
(b) Exemptions
Any billboard lawfully existing on April 18, 2005 that is visible
from the main-traveled way of a federal interstate highway or
other highway which is a part of the Federal Aid Primary
(FAP) System and subject to the Highway Beautification Act
is exempted from this subsection.
8-600 CORRECTION OF OTHER NONCONFORMITIES
The interior or exterior remodeling or expansion of nonconforming structures outside Old Town
shall be subject to the following requirements for off-street parking, landscaping, perimeter buffer,
screening, and signage:
(A) Interior and Exterior Remodeling of Buildings or Structures
If a Building Permit is required for interior or exterior remodeling of the building or

structure, the remodeling or redevelopment shall require correction of existing on-site
nonconforming off-street parking, landscaping, perimeter buffer, screening, and signage in
accordance with this section (see Section 6-100, Off-Street Parking and Loading, Section
6-300, Landscaping Standards, and Section 6-900, Signage).
(1) Off-Street Parking, Landscaping, Perimeter Buffers, and

Screening
(a) 25 Percent or Less of Structure Value
Remodeling in any continuous twelve- (12) month period that
costs twenty-five percent (25%) or less of the current fair
market or assessed value of the structure (at the option of the
applicant) shall not require any correction (see Table 8-
600(A), Required Correction of Other Nonconformities).
(b) More Than 25 Percent but Less Than 75 Percent of Structure Value
Remodeling in any continuous twelve (12)-month period that
costs more than twenty-five percent (25%) but less than
seventy-five percent (75%) of the current fair market or
assessed value of the structure (at the option of the
applicant) shall require that a corresponding percentage of
the off-street parking, landscaping, perimeter buffer, and
Subsection 8-600(A): Interior and Exterior Remodeling of Buildings or Structures
screening standards of this Ordinance be installed or

upgraded on the site, until the site achieves one hundred
percent (100%) compliance. (For example, if a site has
twenty (20) of thirty (30) required parking spaces (sixty-six
percent (66%) of the required parking) and the cost of the
remodeling is thirty percent (30%) of the value of the building,
then thirty percent (30%) of the total amount of required off-
street parking shall be provided, or nine (9) spaces, bringing
the parking to ninety-six percent (96%)of the total amount of
off-street parking required under this Ordinance) (see Table
8-600(A), Required Correction of Other Nonconformities).
(c) 75 Percent or More of Structure Value

Remodeling projects that cost seventy-five percent (75%) or
more of the current fair market value of the structure shall
require one hundred percent (100%) compliance with the off-
street parking, landscaping, perimeter buffer, screening, and
signage standards of this Ordinance (see Table 8-600(A),
Required Correction of Other Nonconformities).
(d) Five or Fewer Additional Parking Spaces

When five (5) or fewer additional off-street parking spaces
are required under this subsection as a result of a remodeling
project, such additional off-street parking is not required to be
installed (see Table 8-600(A), Required Correction of Other
Nonconformities).
(2) Signage
Remodeling in any continuous twelve (12)-month period that costs
more than twenty-five percent (25%) of the current fair market or
assessed value of the structure (at the option of the applicant) shall
require one hundred percent (100%) compliance with the signage
standards of this Ordinance (see Table 8-600(A), Required
Correction of Other Nonconformities.
(3) Physically Constrained Properties- Comply to Maximum Extent

Practicable
Lands that are physically constrained (due to limited size,
topography, or other environmental considerations) from complying
with these provisions shall comply to the maximum extent
practicable, as determined by the Development Services Director.
For purposes of determining when a correction is required, the cost of the remodeling
shall be as shown on the approved Building Permit application. Fair market value shall be
based on a market appraisal performed by a certified appraiser, at the applicant’s
expense. Assessed value shall be based upon York County Property Appraiser
information.
Subsection 8-600(B): Additions and Expansions
(B) Additions and Expansions
Additions and expansions to structures on nonconforming sites shall require correction of

existing on-site nonconforming off-street parking, landscaping, perimeter buffer,
screening, and signage standards in accordance with this section.
(1) Off-Street Parking, Landscaping, Perimeter Buffers, and

Screening
(a) Expansion of 50 Percent or Less of Gross Square Footage Over 5
Years
Expansions in any continuous five- (5) year period, which
result in a fifty percent (50%) or less increase in the gross
square footage of the existing structure (measured at the
beginning of the five (5) year period), require that a
corresponding percentage of the off-street parking,
landscaping, perimeter buffer, and screening standards of
this Ordinance (see Section 6-100, Off-street Parking and
Loading, and Section 6-300, Landscaping Standards) be
installed or upgraded on the site, until the site achieves one
hundred percent (100%) compliance. (For example, if the
addition is twenty-five percent (25%) of the area of the
existing structure and the site contains only fifty percent
(50%) of the required landscaping, twenty-five percent (25%)
of the required landscaping for the entire site must be
provided, thereby bringing the landscaping on the site to
seventy-five percent (75%) of the total required.) Existing
landscaping on the site shall be retained or replaced but shall
not count toward the required percentage of new landscaping
(see Table 8-600(A), Required Correction of Other
Nonconformities).
(b) Expansion of Greater Than 50 Percent of Gross Square Footage

Over 5 Years
Expansions over any continuous five- (5) year period, which
result in a greater than fifty percent (50%) increase of the
gross square footage of the existing structure (measured at
the beginning of the five (5) year period), require the entire
property to meet all of the off-street parking, landscaping,
perimeter buffer, screening, and signage standards of this
Ordinance (see Table 8-600(A), Required Correction of Other
Nonconformities).
(2) Signage
Any expansion during any continuous five (5)-year period shall
require one hundred percent (100%) compliance with the signage
standards of this Ordinance (see Table 8-600(A), Required
Correction of Other Nonconformities).
(3) Physically Constrained Properties- Comply to Maximum Extent

Practicable
Lands that are physically constrained (due to limited size,
topography, or other environmental considerations) from complying
with these provisions shall comply to the maximum extent
practicable as determined by the Development Services Director.
(4) Addition of Outdoor Storage Area Only

When only outdoor operations/storage/display areas are being
added or increased on a site, the percentage increase in outdoor
operations area shall require a corresponding percentage increase
in perimeter buffers and screening. Perimeter buffer and screening
augmentation shall be located so as to achieve the performance
objectives in Section 6-300, Landscaping Standards, with priority
given to screening the impacts of outdoor operations.
TABLE 8-600(A):
REQUIRED CORRECTION OF OTHER NONCONFORMITIES
TYPE OF DEVELOPMENT REQUIRED COMPLIANCE WITH STANDARDS OF ORDINANCE
REMODELING
(cost as percentage of fair market or assessed value of existing structure in any continuous 12-month period)
No correction to existing nonconforming off-street parking, landscaping, perimeter

25 percent or less
buffer, screening, and signage standards is required.
Off-street parking, landscaping, perimeter buffer, and screening shall be added.
Percent of total required off-street parking, landscaping, perimeter buffer, and
screening added shall be based on percent value of remodeling in relation to fair
market or assessed value of existing structure (at option of the applicant). For
example, if a site has 20 of 30 required parking spaces (66 percent of the total
More than 25 percent but less than 75
required parking under this Ordinance) and the cost of remodeling is 30 percent of
percent
the value of the building, then 30 percent of the total required off-street parking shall
be provided, or 9 spaces (bringing the total amount of the required off-street parking
up to 96 percent of the total required). Any remodeling activities equaling or
exceeding 25 percent or more of the structure’s fair market or assessed value shall
require 100 percent compliance with the signage standards of this Ordinance.
Site shall comply fully with off-street parking, landscaping, perimeter buffer,
75 percent or more
screening, and signage standards.
EXPANSION
(percentage increase in any continuous five-year period)
Off-street parking, landscaping, perimeter buffer, and screening shall be added.

Percent of total required off-street parking, landscaping, perimeter buffer, and
screening added shall be based on percent increase in expansion. For example, if
the addition is 25 percent of the size of the existing structure and the site contains
50 percent or less of gross square only 50 percent of the required landscaping, 25 percent of the required landscaping
footage of existing structure for the entire site must be provided, thereby bringing the landscaping on the site to
75 percent of the total required. Existing landscaping on the site shall be retained or
replaced but shall not count toward the required percentage of new landscaping.
Any expansions shall require 100 percent compliance with the signage standards of
this Ordinance.
TABLE 8-600(A):
REQUIRED CORRECTION OF OTHER NONCONFORMITIES
TYPE OF DEVELOPMENT REQUIRED COMPLIANCE WITH STANDARDS OF ORDINANCE
Greater than 50 percent of gross square Site shall comply fully with off-street parking, landscaping, perimeter buffer,
footage of existing structure screening, and signage standards.
A corresponding percentage increase in perimeter buffers and screening with priority

Outdoor operations, storage or display
given to reducing the impacts of outdoor operations.
FIGURE 8-600(A): REQUIRED CORRECTION OF NONCONFORMITIES
ZONING
ORDINANCE
Article 9: Enforcement
ARTICLE 9: ENFORCEMENT
9-100 PURPOSE ................................................................................................................................. 1

9-200 COMPLIANCE REQUIRED ............................................................................................................. 1
9-300 VIOLATIONS ................................................................................................................................. 1
(A) VIOLATIONS GENERALLY ........................................................................................................ 1
(B) SPECIFIC VIOLATIONS ............................................................................................................ 1
9-400 RESPONSIBLE PERSONS............................................................................................................. 2
9-500 ENFORCEMENT GENERALLY ...................................................................................................... 3
(A) RESPONSIBILITY FOR ENFORCEMENT ..................................................................................... 3
(B) NOTICE OF VIOLATIONS ......................................................................................................... 3
(C) COMPLAINTS REGARDING VIOLATIONS ................................................................................... 3
(D) INSPECTIONS TO ENSURE COMPLIANCE .................................................................................. 3
9-600 REMEDIES AND PENALTIES ........................................................................................................ 3
(A) REMEDIES AND PENALTIES AVAILABLE TO CITY ....................................................................... 3
(B) PRIVATE CIVIL RELIEF ........................................................................................................... 4
(C) ADDITIONAL REMEDIES AVAILABLE FOR SIGN VIOLATIONS ....................................................... 4
(D) REMEDIES FOR VIOLATION OF STORMWATER MANAGEMENT OR SEDIMENT CONTROL
STANDARDS .......................................................................................................................... 5
(E) REMEDIES FOR TREE REMOVAL ............................................................................................. 7
(F) REMEDIES CUMULATIVE ......................................................................................................... 8
Rock Hill, SC Zoning Ordinance – May 14, 2007

Section 9-100: Purpose
Subsection (A): Violations Generally
9-100 PURPOSE
This article establishes procedures through which the City seeks to ensure compliance with the provisions
of this Ordinance and obtain corrections for Ordinance violations. It also sets forth the remedies and
penalties that apply to violations of this Ordinance. The provisions of this article are intended to
encourage the voluntary correction of violations, where possible.
9-200 COMPLIANCE REQUIRED
Compliance with all the procedures, standards, and other provisions of this Ordinance is required by all
persons owning, developing, managing, using, or occupying land or structures in the City.
9-300 VIOLATIONS
(A) Violations Generally
(1) Failure to Comply with Ordinance or Term or Condition of Approval

Constitutes Ordinance Violation
Any failure to comply with a standard, requirement, prohibition, or limitation imposed by this Ordinance, or
the terms or conditions of any permit or other permit approval or authorization granted in accordance with
this Ordinance shall constitute a violation of this Ordinance punishable as provided in this article.
(2) Permits or Permit Approvals only Authorize Development Approved

Permits or permit approvals issued on the basis of applications approved by the City Council, Planning
Commission, Zoning Board of Appeals (ZBA), Board of Historic Review (BHR), Development Services
Director, or other officials, authorize only the use, arrangement, location, design, density or intensity, and
development set forth in such permits or permit approvals, and no other use, arrangement, location,
design, density or intensity, and development.
(3) Violations Run with the Land

Violations of this Ordinance shall run with the land where the violation occurred, and shall not be voided by
sale or transfer.
(B) Specific Violations
It shall be a violation of this Ordinance to do any of the following:
(1) Develop Land or Structure Without Obtaining Appropriate Permit or Permit

Approval
Develop land or a structure without first obtaining the appropriate permit or permit approval.
(2) Occupy or Use Land or Structure Without Obtaining Appropriate Permit or

Permit Approval
Occupy or use land or a structure without first obtaining the appropriate permit or permit approval.
(3) Develop Land or Structure Without Complying with Conditions of Permit or

Permit Approval
Develop land or a structure without complying with the terms or conditions of the permit or permit approval
required to engage in development.
_____________________________________________________________________________________________
Section 9-400: Responsible Persons
Subsection (B): Specific Violations
(4) Occupy or Use Land or Structure in Violation of Conditions of Permit or

Permit Approval
Occupy or use land or a structure in violation of the terms or conditions of the permit or permit approval.
(5) Subdivide Land Without Obtaining Appropriate Permit or Permit Approvals

Subdivide land without first obtaining the appropriate permit or permit approvals required to engage in
subdivision.
(6) Subdivide Land Without Complying with Terms or Conditions of

Subdivision Approval
Subdivide land without complying with the terms or conditions of the permit or permit approval required to
engage in development.
(7) Excavate, Grade, Cut, Clear, or Undertake Other Land Disturbing Activity
Without Appropriate Permit or Permit Approvals and Compliance With
Terms and Conditions of Approval
Excavate, grade, cut, clear, or undertake any land disturbing activity without first obtaining all appropriate
permits and permit approvals, and complying with their terms and conditions.
(8) Remove Trees Without Appropriate Permit

Remove existing trees from a site or parcel of land without first obtaining appropriate permits and permit
approvals, and complying with their terms and conditions.
(9) Construction of Signs

Install, create, erect, alter, or maintain any sign without first obtaining the appropriate permit or permit
approval.
(10) Removal of Signs

Fail to remove any sign installed, created, erected, or maintained in violation of this Ordinance, or for
which the permit has lapsed.
(11) Nonconformities
Create, expand, replace, or change any nonconformity except in compliance with this Ordinance.
(12) Reduce or Diminish Development, Design, or Dimensional Standards

Reduce or diminish the requirements for development, design, or dimensional standards below the
minimum required by this Ordinance.
(13) Density or Intensity of Development

Increase the intensity or density of development, except in accordance with the standards of this
Ordinance.
(14) Any Other Action or Omission That Violates This Ordinance

Through any act or omission, fail to comply with any other provisions, procedures, or standards as
required by this Ordinance.
9-400 RESPONSIBLE PERSONS
Any person who violates this Ordinance shall be subject to the remedies and penalties set forth in this
article.
_____________________________________________________________________________________________
Section 9-500: enforcement Generally
Subsection (A): Responsibility for Enforcement
9-500 ENFORCEMENT GENERALLY
(A) Responsibility for Enforcement
The Development Services Director shall be responsible for enforcing the provisions of this Ordinance.
(B) Notice of Violations
When the Development Services Director finds a violation of this Ordinance, the Development Services
Director shall take appropriate action to remedy the violation consistent with Section 9-600, Remedies and
Penalties. Except in accordance with Section 9-600(C), the Development Services Director shall notify, in
writing, the person violating this Ordinance. Such notification shall indicate the nature of the violation,
order the necessary action to abate the violation, and give a deadline for correcting the violation. If a
violation is not corrected within a reasonable period of time, as provided in the notification, the
Development Services Director shall take appropriate action, as provided in Section 9-600(A), Remedies
and Penalties Available to City, to correct and abate the violation and to ensure compliance with this
Ordinance.
(C) Complaints Regarding Violations
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a
complaint. Such complaint shall state fully the alleged violation and the basis for the alleged violation, and
shall be filed with the Development Services Director, who shall maintain a record of the complaint. The
complaint shall be investigated promptly by the Development Services Director as provided in Section 9-
500(D), Inspections to Ensure Compliance, and action taken to abate or correct the violation.
(D) Inspections to Ensure Compliance
Upon presentation of proper credentials, the Development Services Director may enter upon land or
inspect any structure to ensure compliance with the provisions of this Ordinance. These inspections shall
be carried out during normal business hours unless the Development Services Director determines there
is an emergency necessitating inspections at another time.
9-600 REMEDIES AND PENALTIES
(A) Remedies and Penalties Available to City
Following the identification of a violation of this Ordinance and the issuance of a notice of violation (as
applicable), the City may use any combination of the following enforcement actions, remedies, and
penalties in any particular order to correct, stop, abate or enjoin a violation of this Ordinance:
(1) Citation
The Development Services Director may issue a citation to the person responsible for violating this
Ordinance, requiring the person to abate the violation. If however, a person who has been issued a
citation for violating this Ordinance abates the violation, but shortly thereafter re-institutes or re-initiates the
violation, the Development Services Director may pursue other remedies without re-issuing a citation
pursuant to this section.
(2) Stop Order

The Development Services Director or City Attorney may issue and serve upon a person violating this
Ordinance a stop order requiring that the person stop all actions in violation of this Ordinance, including
illegal occupation of a building or structure, illegal work being done, or any other action in violation of this
Ordinance.
_____________________________________________________________________________________________
Section 9-600: Remedies and Penalties
Subsection (B): Private Civil Relief
(3) Permit Revocation

Any permit, permit approval, or other form of authorization required under this Ordinance may be revoked
if the Development Services Director determines that:
(a) There is a failure to comply with the approved permit, permit approval,
plans, specifications, or terms or conditions required under the permit or
permit approval;
(b) The permit or permit approval was procured by false representation; or
(c) The permit or permit approval was issued in error.
Written notice of revocation shall be served upon the landowner, the landowner’s agent, applicant, or other
person to whom the permit or permit approval was issued, and such notice may be posted in a prominent
location at the place of violation. No work or construction shall proceed after service of the revocation
notice.
(4) Removal or Demolition of Illegal Structures

The Director of Development Services may order the removal of illegal buildings or structures, including
additions, alterations, or structural changes thereto which have been made in violation of this Ordinance.
(5) Civil Remedies

In addition to all other remedies and penalties outlined in this article, the Development Services Director or
City Attorney may institute an action or proceeding for injunction or mandamus or other appropriate action
or proceeding to prevent, abate, or correct a violation of this Ordinance or to prevent the occupancy of a
structure or land that is in violation of this Ordinance. Each day a person violates this Ordinance shall be
considered a separate offense.
(6) Criminal Remedies

Any person who violates this Ordinance or fails to comply with any of its requirements is guilty of a
misdemeanor and upon conviction, may be fined in the discretion of the court, or imprisoned not more than
thirty (30) days, or both. Each day the violation continues shall be considered a separate offense.
(B) Private Civil Relief
In case a structure or land is or is proposed to be developed or used in violation of this Ordinance, an

adjacent or neighboring landowner or tenant who would be specially damaged by the violation may, in
addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to
prevent the unlawful development or use, or to correct or abate the violation, or to prevent the occupancy
of the structure or use of the land.
(C) Additional Remedies Available for Sign Violations
In addition to the remedies and penalties provided in Sections 9-600(A), Remedies and Penalties
Available to City, and 9-600(B), Private Civil Relief, signs that are in violation of the provisions of this
Ordinance shall be subject to the following:
(1) Notice of Violation

The Development Services Director may send notice to the sign owner, stating the nature of the violation
and granting an appropriate period of time to correct the violation.
(2) Impoundment
(a) The Development Services Director may impound the sign and send
notice stating the sign has been impounded, the reason for the
_____________________________________________________________________________________________
Subsection (D): Remedies for Violation of Stormwater Management or Sediment Control Standards
impoundment, and the process for claiming the sign. Signs impounded
from the public right-of-way shall not require notice.
(b) An impounded sign shall be held for ten (10) calendar days, during which
time the sign owner may recover the sign. If the sign is not claimed within
the ten- (10) day period, the Development Services Director may dispose
of the sign without compensation to the sign owner.
(3) Posting of Violation Sticker

In addition to the provisions of Sections 9-600(C)(1) and (2), the Development Services Director may post
the sign with a "violation" sticker, which shall not be removed by anyone other than the Development
Services Director.
Notice may be provided to the sign owner, tenant or landowner by regular mail addressed to the last
known address, or by facsimile, or both, as is reasonable under the circumstances.
(D) Remedies for Violation of Stormwater Management or Sediment Control Standards
In cases where stormwater management and sediment control activities are not completed in accordance
with the standards in this Ordinance, the following remedies shall be available to the City. The
Development Services Department may refrain from issuing any further Building Permits or Grading
Permits to the person having outstanding violations until those violations have been remedied.
(1) Stop Work Orders

(a) Stop Work Orders may be issued if the Development Services Director
finds that a land disturbing activity is being conducted in violation of this
Ordinance, that the violation is knowing and willful, and that either:
Off-site sedimentation resulting from non-compliance with the approved Stormwater Management and
Sediment Control Plan has eliminated or severely degraded a use in a lake or natural waterway or that
such degradation is imminent;
Off-site sedimentation resulting from non-compliance with the approved Stormwater Management and
Sediment Control Plan has caused severe damage to adjacent land; or
The regulated land disturbing activity requires an approved plan under these regulations and is being
conducted without the required approved plan.
(b) The Stop Work Order shall be served by the Development Services
Director or by some other person duly authorized by law to serve process,
and shall be served on the person at the site of the land disturbing activity
who is in operational control of the land disturbing activity. The
Development Services Director or other person duly authorized by law to
serve process shall post a copy of the Stop Work Order in a conspicuous
place at the site of the land disturbing activity. The Development Services
Director shall also deliver a copy of the Stop Work Order to any person
that the Development Services Director has reason to believe may be
responsible for the violation.
(c) The directives of a Stop Work Order become effective upon service of the
Stop Work Order. Thereafter, any person notified of the Stop Work Order
who violates any of the directives set out in the order may be assessed a
civil penalty pursuant to this Article. A Stop Work Order issued pursuant
to this section may be issued for a period not to exceed three (3) calendar
days.
_____________________________________________________________________________________________
Subsection (D): Remedies for Violation of Stormwater Management or Sediment Control Standards
(d) The Development Services Director shall monitor compliance with the
Stop Work Order. The Development Services Director name and
telephone number shall be included on the Stop Work Order. The
Development Services Director shall rescind the Stop Work Order if all
violations for which the Stop Work Order was issued are corrected, no
other violations have occurred and all measures necessary to abate the
violations are taken. The City shall also rescind Stop Work Orders issued
in error.
(e) The issuance of a Stop Work Order shall be a final agency decision
subject to judicial review in the same manner as an order in a contested
case pursuant to Title 1, Chapter 23, Section 380 of the Code of Laws of
South Carolina, 1976. The petition for review shall be filed in the
Municipal Court of the City.
(f) The City shall file a cause of action to abate the violations which resulted
in the issuance of a Stop Work Order within three (3) calendar days of the
service of the Stop Work Order. The cause of action shall include a
motion for an ex parte temporary restraining order to abate the violation
and to effect necessary remedial measures. The resident municipal
judge, or any judge assigned to hear the motion for the restraining order,
shall hear and determine the motion within two days of the filing of the
complaint.
(2) Additional Remedies

If it is determined that any land disturbing activity is not being carried out in accordance with the approved
plan, that the measures required by the approved plan are not effective in controlling erosion,
sedimentation or stormwater runoff, or that any project subject to this Ordinance is being carried out
without first obtaining a Grading Permit, the City may take any one or more of the following actions, in
addition to all other rights and remedies available at law, in equity or under this Ordinance:
(a) Fines
The Ordinance anticipates that a Notice of Violation will be issued when violations are
found. If the violations remain uncorrected after the time stated for compliance in the
Notice of Violation, then a fine may be levied in accordance with Table 9-600(A), Fines
Associated with Stormwater Violations:
TABLE 9-600(A): FINES ASSOCIATED WITH STORMWATER VIOLATIONS

FINE AMOUNT
VIOLATION
($) [1]
Failure to submit “as-built” plan 100.00
Failure to follow the requested notes on a Stormwater Management and
250.00
Sediment Control Plan
Failure to record deed of easements 100.00
Failure to implement corrective measures 250.00
Failure to follow approved Stormwater Management and Sediment Control Plan 250.00
Failure to comply with notice of violation 100.00
Failure to protect off-site areas from sedimentation or other stormwater-related
250.00
damages
Failure to comply with a stop work order 1,000.00
NOTES:
[1] Fine amounts shall not exceed the amount listed in the table
_____________________________________________________________________________________________
Subsection (E): Remedies for Tree Removal
(b) Failure to Correct

If violations remain uncorrected or if a Stop Work Order is not obeyed, the violator is subject to a civil
penalty of not more than $ 1,000.00. No penalty may be assessed until the person alleged to be in
violation has been notified of the violation. Each day any such violation shall continue to exist shall
constitute a separate offense. The City may obtain injunctive relief to enjoin violations of this Ordinance
and any person damaged as a result of such violation may, upon a proper showing of such damages,
obtain payment therefore by civil action. Notice of violation shall be sufficient if directed to the owner, the
agent of the owner or the contractor and left at his known place of residence or place of business.
The City shall determine the amount of the civil penalty to be assessed under this section for violations
under its jurisdiction. It shall make written demand for payment upon the person responsible for the
violation and set forth in detail the violation for which the penalty has been invoked. If payment is not
received or equitable settlement reached within thirty (30) days after demand for payment is made, a civil
action may be filed in the Municipal Court of the City to recover the amount of the penalty. The City shall
refer matters hereunder to its city attorneys for the institution of a civil action in the name of the City in the
appropriate court of local jurisdiction.
(c) Restitution
In addition to imposing a fine under this ordinance, the City shall be entitled to restitution
from the violating party for all costs incurred by the City in abating violations.
Representatives of the City shall have the right to enter the property upon which the
violation is occurring or is about to occur and abate any such violation by appropriate
action.
(d) Injunction
If the City has reasonable cause to believe that any person is violating or is threatening to violate the
requirements of this Ordinance, it may, either before or after the institution of any other action or
proceeding authorized by this Ordinance or in law or equity, institute a civil action for injunctive relief to
restrain the violation or threatened violation. The action must be brought in the circuit court of the county
in which the violation or threatened violation is occurring or is about to occur, or other court of competent
jurisdiction.
Upon determination by the court that an alleged violation is occurring or is threatened, it shall enter the
order necessary to abate the violation or prevent the threatened violation. The institution of an action for
injunctive relief under this sub-section or any provision of this Ordinance does not relieve any party to the
proceeding from any civil penalty prescribed for violations of this Ordinance.
(E) Remedies for Tree Removal
In cases where tree clearing, development work, land disturbance as part of construction, or intentional
damage to trees occurs without a Land Development Permit, or in clear violation of the standards of this
Ordinance, the following shall apply:
(1) Replanting Required

(a) Except for riparian buffer areas as established in Section 6-500(A),
Riparian Buffers, the site shall be replanted within sixty (60) days from the
date of violation at the rate of eighty (80) trees an acre for each acre
disturbed, or by inch-for-inch replacement, in accordance with a tree
planting plan approved by the Development Services Director. Trees
shall be at least three (3) inches in caliper at the time of planting. The
Development Services Director may consider allowing deferral if
_____________________________________________________________________________________________
Subsection (F): Remedies Cumulative
conditions are not considered suitable for the long-term health of the
plantings.
(b) Riparian buffers specified in Section 6-500(A), Riparian Buffers, shall be

replanted within thirty (30) days from the date of violation at the rate of
eighty (80) trees an acre for each acre disturbed, or by inch-for-inch
replacement, in accordance with a tree planting plan approved by the
Development Services Director. Trees shall be at least three (3) inches in
caliper at the time of planting.
(2) Installation of Stormwater and Erosion Control Devices

All stormwater and erosion control measures required in this of Ordinance determined to be necessary by
the City shall be installed within ten (10) days from the date of violation.
(3) Delay in Subsequent Approvals

The City shall not review or approve development permit applications for the site for a period of three (3)
years from the date of the violation, and all proposals shall be reviewed by the Planning Commission.
(4) Landscaping Requirements Doubled

If the site is undeveloped or only partially developed, the widths and planting rates for all required
landscaping associated with subsequent development shall be one hundred fifty percent (150%) of the
minimum requirement in place at the time of the of violation.
(F) Remedies Cumulative
The remedies provided for violations of this Ordinance, whether civil or criminal, shall be cumulative and in
addition to any other remedy provided by law, and may be exercised in any order.
_____________________________________________________________________________________________
ZONING
ORDINANCE
Article 10: Definitions and
Rules for Interpretation

ARTICLE 10: DEFINITIONS AND RULES FOR INTERPRETATION
10-100 RULES OF INTERPRETATION ...................................................................................................... 1

(A) MEANINGS AND INTENT .......................................................................................................... 1
(B) HEADINGS, ILLUSTRATIONS, AND TEXT ................................................................................... 1
(C) LISTS AND EXAMPLES ............................................................................................................ 1
(D) COMPUTATION OF TIME ......................................................................................................... 1
(E) REFERENCES TO OTHER REGULATIONS/PUBLICATIONS ........................................................... 1
(F) DELEGATION OF AUTHORITY .................................................................................................. 1
(G) TECHNICAL AND NON-TECHNICAL TERMS ............................................................................... 2
(H) PUBLIC OFFICIALS AND AGENCIES .......................................................................................... 2
(I) MANDATORY AND DISCRETIONARY TERMS .............................................................................. 2
(J) CONJUNCTIONS ..................................................................................................................... 2
(K) TENSES, PLURALS, AND GENDER ........................................................................................... 2
10-200 DEFINITIONS ................................................................................................................................. 3
10-300 APPENDIX 10-A: OLD TOWN MAP ............................................................................................. 64
Section 10-100: Rules of interpretation :
Article 10: DEFINITIONS AND RULES FOR INTERPRETATION
10-100 RULES OF INTERPRETATION :
The following rules shall apply for construing or interpreting the terms and provisions of this ordinance.
(A) Meanings and Intent
(1) All provisions, terms, phrases, and expressions contained in this Ordinance shall
be construed according to the general purposes set forth in Section 1-300,
Purpose and Intent, and the specific purpose statements set forth throughout this
Ordinance. When a specific section of these regulations gives a different
meaning than the general definition provided in this Article 10: Definitions and
Rules for Interpretation, the specific section’s meaning and application of the
term shall control.
(B) Headings, Illustrations, and Text
(1) In the event of a conflict or inconsistency between the text of this Ordinance and
any heading, caption, figure, illustration, table, or map, the text shall control.
Graphics and other illustrations are provided for informational purposes only and
should not be relied upon as a complete and accurate description of all
applicable regulations or requirements.
(C) Lists and Examples
(1) Unless otherwise specifically indicated, lists of items or examples that use terms
such as “for example,” “including,” and “such as,” or similar language are
intended to provide examples and are not exhaustive lists of all possibilities.
(D) Computation of Time
(1) The time in which an act is to be done shall be computed by excluding the first
day and including the last day. If a deadline or required date of action falls on a
Saturday, Sunday, or holiday observed by the City, the deadline or required date
of action shall be the next day that is not a Saturday, Sunday, or holiday
observed by the City. References to days are calendar days unless otherwise
stated.
(E) References to Other Regulations/Publications
(1) Whenever reference is made to a resolution, ordinance, statute, regulation, or

document, it shall be construed as a reference to the most recent edition of such
regulation, resolution, ordinance, statute, regulation, or document, unless
otherwise specifically stated.
(F) Delegation of Authority
(1) Any act authorized by this Ordinance to be carried out by a specific official of the
City may be carried out by a professional-level designee of such official.
Subsection 10-100(G): Technical and Non-Technical Terms
(G) Technical and Non-Technical Terms
(1) Words and phrases shall be construed according to the common and approved
usage of the language, but technical words and phrases that may have acquired
a peculiar and appropriate meaning in law shall be construed and understood
according to such meaning.
(H) Public Officials and Agencies
(1) All public officials, bodies, and agencies to which references are made are those
of the City of Rock Hill, unless otherwise indicated.
(I) Mandatory and Discretionary Terms
(1) The words “shall,” “must,” and “will” are mandatory in nature, establishing an
obligation or duty to comply with the particular provision. The words “may” and
“should” are permissive in nature.
(J) Conjunctions
(1) Unless the context clearly suggests the contrary, conjunctions shall be
interpreted as follows:
(2) “And” indicates that all connected items, conditions, provisions or events apply;
and
(3) “Or” indicates that one (1) or more of the connected items, conditions, provisions
or events apply.
(K) Tenses, Plurals, and Gender
(1) Words used in the present tense include the future tense. Words used in the
singular number include the plural number and the plural number includes the
singular number, unless the context of the particular usage clearly indicates
otherwise. Words used in the masculine gender include the feminine gender,
and vice versa.

Section 10-200: Definitions
10-200 DEFINITIONS
The following words, terms, and phrases, when used in this Ordinance, shall have the meaning
ascribed to them in this section.
ACCELERATED EROSION
Potentially destructive erosion caused to a large extent by man’s activities. All references to
erosion contained within Section 2-300(J), Stormwater Management and Sediment Control Plan,
and Section 6-500(D), Stormwater Management and Sediment Control, refer to accelerated
erosion.
ACCESSORY DWELLING UNIT
A secondary dwelling unit established in conjunction with and clearly subordinate to a principal
dwelling unit, whether part of the same structure as the principal dwelling unit, or as a detached
structure on the same lot.
ACCESSORY STRUCTURE
A structure that is subordinate in use and square footage to a principal structure or permitted use.
ACTIVE RECREATION USES
Uses or structures intended for specific active recreational uses such as play grounds, ball fields,
tennis courts and other similar uses typically located in open space set-aside areas.
ADMINISTRATIVE ADJUSTMENTS
A permit reviewed and approved, approved with conditions, or denied by the Development
Services Director in accordance with Section 2-300(F), Administrative Adjustments.
ADULT DAY CARE CENTER
A facility for adults eighteen (18) years or older, which offers in a group setting a program of
individual and group activities, experiences and therapies, which is licensed or approved to
operate by the State of South Carolina and which the hours of operation are limited to fourteen
(14) hours per day.
ADULT ENTERTAINMENT
An establishment which by law excludes minors by virtue of the fact that a substantial portion of
its business is sexually explicit. Adult entertainment includes, but is not limited to, adult arcades,
adult book stores, adult video stores, adult theaters (drive-in, picture and min-picture), adult
cabarets, massage parlors, or adult entertainment establishments.
ADVERSE IMPACT
A significant negative impact to land, water, and associated resources resulting from a land
disturbing activity. The negative impact includes increased risk of flooding; degradation of water
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quality; increased sedimentation; reduced groundwater recharge; negative impacts on aquatic

organisms; negative impacts on wildlife and other resources; and threatened public health.
AGGRIEVED PARTY
A person, with a legally recognized interest (i.e., fee simple ownership) and standing to appeal,
that is injuriously affected by a decision from any decision-making body of the City, including any
officer or agent of the City.
AGRICULTURE
Uses characterized by general active and on-going agricultural activities, including agronomy,
aquaculture, biotechnical agriculture, forestry, fisheries, honey production, silviculture (including
the harvesting of timber), and similar uses. Agriculture does not include a grocery store or the
retail or wholesale sale of products related to the production of agricultural products. Agriculture
does not include preparatory functions such as grading or creation of planting beds through
stockpiling of dirt or other means when such preparations do not result in an active and on-going
agricultural activity within thirty (30) days. Accessory uses may include offices, storage areas and
repair facilities related to agriculture uses.
AIR CONDITIONER COMPRESSOR UNIT
The portion of the heating and/or cooling system associated with a residential or non-residential
use which is located outside of, but adjacent to the dwelling unit. Such units may serve individual
or multiple dwelling units, but must be screened from off-site views if associated with a multiple
family use.
AIRCRAFT PARTS, SALES, AND MAINTENANCE
The use of any land area for the display and sale of, or general repair, rebuilding, or
reconditioning of any contrivance now known or hereafter invented for use in or designed for
navigation of or flight in air.
AIRPORT
Any area of land or water designed and set aside for the landing and take-off of aircraft, including
all necessary facilities for the housing and maintenance of aircraft.
ALLEY
See “Street, Alley”.
AMPITHEATER
See “Arena”.
ANIMAL GROOMING
Any place or establishment, public or private, where animals are bathed, clipped, or combed for
the purpose of enhancing their aesthetic value and/or health and for which a fee is charged.
ANIMAL SHELTER
A facility used to house and care for stray, homeless, abandoned, or neglected animals that are
owned, operated, or maintained by a public body, an established humane society, or other private
or nonprofit organization.

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ANTENNA
A device used to transmit and/or receive radio or electromagnetic waves between land based or
orbiting uses.
APPLICANT
A person, firm, or governmental agency who executes the necessary forms to obtain approval or
a permit for a land disturbing activity.
APPROPRIATE PLAN APPROVAL AGENCY
As used in Section 2-300(J), Stormwater Management and Sediment Control Plan, the
Development Services Department, Local Government, or Conservation District that is
responsible in a jurisdiction for review and approval of stormwater management and sediment
control plans.
ARBORETUM
A place where trees, shrubs, or other woody plants are grown, exhibited or labeled for scientific,
educational, or passive recreational purposes, not including the harvest of plants or their produce.
ARCHITECTURAL LIGHTING
Exterior lighting that is designed to highlight structures, plantings, or significant architectural

features in a direct or indirect fashion.
ARENA
A building or structure designed or intended for use for spectator sports, entertainment events,
expositions, and other public gatherings. Such uses may or may not include lighting facilities for
illuminating the field or stage area, concessions, parking facilities, and maintenance areas.
ART GALLERY
An establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other
works of art
AS-BUILT PLANS OR RECORD DOCUMENTS
A set of engineering or site drawings that delineate the specific permitted development as actually
constructed.
ASSESSED VALUE
The monetary price that a parcel of land, portion of land, improvement on land, or other
commodity assigned by the York County Property Appraiser’s office for the purposes of taxation.
ASSISTED LIVING FACILITY
A building, section or distinct part of a building, private home, boarding home, home for the aged,
or other residential facility, whether operated for profit or not, which undertakes through its
ownership or management to provide housing, meals, health care assistance, and one (1) or
more personal services for a period exceeding twenty-four (24) hours to one (1) or more adults
who are not relatives of the owner or proprietor. Accessory uses may include dining rooms and

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infirmary facilities for intermediate or skilled nursing care solely for the use of the occupants
residing in the principal facility.
ATTACHED HOME LOT
A lot designated for occupancy by an attached single-family dwelling, two- to four-family dwelling,
townhouse, or multiple family structure in a NMU Master Plan.
AUDITORIUM
A building or structure designed or intended for use for spectator sports, entertainment events,
expositions, and other public gatherings, all occurring inside a structure typically limited to a
capacity of five hundred (500) or fewer seats.
AUTHORIZED AGENT
A person with express written consent to act upon another’s behalf.
AUTOMATED TELLER MACHINE (ATM)
An automated mechanized consumer banking device operated by a financial institution for the
convenience of its customers, whether inside or outside of a financial institution, or located in a
structure unrelated to the financial institution operating it. Such uses may not serve as the
principal use of a parcel of land or site.
AUTOMOBILE PAINTING/BODY SHOP
Repair of automobiles, vehicles, or trailers, including bodywork, framework, welding, and major
painting service.
AUTOMOBILE PARTS SALES AND INSTALLATION
The on-site sale and subsequent installation of various automobile parts and accessories,
including but not limited to tires, mufflers, brakes, batteries, audio systems, and lubricants such
as engine oil. Such uses do not include the sale of gasoline or other fuels.
AUTOMOBILE RENTAL AND SALES
Premises on which new or used passenger automobiles, trailers, or light trucks in operating
condition are displayed for sale, lease, or rental.
AUTOMOBILE REPAIR AND SERVICING
General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, not including
bodywork, framework, welding, and major painting service.
AUTOMOTIVE REPAIR (AS AN ACCESSORY USE)
Any activity related to the regular maintenance or repair of an automobile (except exterior
washing) occurring outdoors.
AUTOMOTIVE WRECKER SERVICE
An establishment operated for the purpose of temporary storage on-site of no more than nine (9)
wrecked or inoperable vehicles for a period no longer than ninety (90) days. If an establishment
has ten (10) or more inoperable vehicles located on-site, stores inoperable vehicles for more than

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ninety (90) days, stacks vehicles, or portions of the vehicles are dismantled or removed for sale, it
shall be considered a salvage and junkyard.
AWNING
A structure made of wood, cloth, vinyl, or other flexible material affixed to a building in such a
manner that the structure may be raised or retracted from a building to a flat position against the
building (but not a canopy).
AXIS
The centerline of a structure that divides the structure into two (2) halves.
BAKERY
An establishment primarily engaged in the retail sale of baked goods for consumption on or off
site. The baked products may be prepared either on or offsite.
BANNER, ADVERTISING
A sign made of flexible material used to advertise a business or a product for sale.
BANNER, NON-ADVERTISING
A sign made of flexible material used for decorative purposes including seasonal displays,
municipal displays, public information, and similar functions.
BAR OR COCKTAIL LOUNGE
An establishment having as its principal or predominant use the serving of beer, wine, or liquor for
consumption on the premises, and which sets a minimum age requirement for entrance,
consistent with state law. An establishment is not a bar or cocktail lounge if the establishment:
(1) has a restaurant license from the State of South Carolina; (2) maintains a full service
restaurant preparing and serving an array of foods on its premises at all times when it is open to
the public for business; and (3) provides facilities for seating not less than forty (40) persons
simultaneously at tables for the service of meals.
BED AND BREAKFAST
A private residence, generally a single-family residence, engaged in renting one (1) or more
dwelling rooms on a daily basis to tourists, vacationers, and business people, where provision of
meals is limited to breakfast for guests only.
BERM
An elongated earthen mound typically designed or constructed on a site to separate, screen, or

buffer adjacent uses.
BEST MANAGEMENT PRACTICES
A wide range of management procedures, schedules of activities, prohibitions on practices and

other management practices which have been demonstrated to effectively control the quality
and/or quantity of stormwater runoff and which are compatible with the planned land use or other

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BILLBOARD
An advertising sign which exceeds the maximum height and/or sign message area limitations of
this Ordinance and directs the attention of the public to a commodity, product, service, activity or
any other person, place or thing which is not located, found, or sold on the premises upon which
such sign is located.
BLOCK
A parcel of land entirely surrounded by streets or by any combination of streets, parks or railroad
right-of-way.
BLOCK FACE
The lands abutting on one (1) side of a street and lying between the two (2) nearest intersecting
or intercepting streets, railroad right-of-way, watercourse, or un-subdivided land.
BLOOD/TISSUE COLLECTION FACILITY
A facility where blood or related materials are either withdrawn or collected from patients or
assembled after being withdrawn or collected elsewhere from patients for subsequent delivery to
a clinical laboratory for examination. A collection facility is maintained at a separate physical
location not on the grounds or premises of the main licensed laboratory or institution which
performs the testing.
BOARD OF HISTORIC REVIEW (BHR)
The Board of Historic Review, as designated by this Ordinance.
BOAT AND MARINE RENTAL AND SALES
Premises on which new or used boats and other marine vessels are displayed for sale, lease, or
rental.
BODY PIERCING
Any method of piercing of the human skin of one (1) person by another person with the intention
of inserting any object including but not limited to jewelry. The term body piercing shall also
include any process of marking or disfiguring the skin or other tissue of any person by branding or
scarification but shall not include the piercing of the ear by an ear-piercing gun designed solely for
that purpose; or physician-authorized surgical procedures. This definition of body piercing
includes that process commonly referred to as implantation.
BONDING
The process whereby a subdivider, owner, or developer of land posts a performance guarantee,
usually in the form of cash or a letter of credit which is available for use by the City to install
and/or repair required public or private improvements agreed to as part of the Site Plan or
Subdivision, or other permit approval if the subdivider, owner, or developer fails to install or repair
such facilities.
BORROW PIT
Any place or premises where dirt, soil, sand, gravel, or other material is removed below the grade
of surrounding land, for any purpose other than that necessary and incidental to site grading or
building construction.

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BOTANICAL GARDEN
A garden having documented collections of living plants for the purposes of scientific research,
conservation, display, or education.
BUFFER, PERIMETER
Vegetative material and structures (i.e., walls, fences) that are used to separate uses from each
other as required by this Ordinance, including but not limited to the Type A Basic, Type B
Aesthetic, Type C Semi-opaque, and Type D Opaque described in Section 6-300(F), Perimeter
Buffers.
BUFFER, RIPARIAN
The area of natural or planted vegetation adjacent to a natural watercourse as measured

landward from the normal pool elevation of impounded structures and from the bank of each side
of streams, rivers, lakes, ponds, or wetlands which is intended to remain undisturbed.
BUILDING
A structure with a roof, intended for shelter, housing, or enclosure.
BUILDING FAÇADE
See “Facade.”
BUILDING FOOTPRINT
The area of a lot or parcel of land included within the surrounding exterior walls and/or outermost
projection of the roof of a building or portion of a building, exclusive of courtyards.
BUILDING FRONTAGE
The liner distance of a building, measured along the exterior wall that faces a public right-of-way
abutting the parcel of land on which the building is located. For the purposes of computation of
number and area of signs permitted on buildings, in cases where lineal feet of building frontage is
a determinant, the frontage of a building shall be computed as the horizontal distance across the
front as nearly at ground level as computation of horizontal distance permits. In cases where this
test is indeterminate or cannot be applied, as for instance where there is a diagonal corner
entrance or where two (2) or more sides of a building have entrances of equal importance and
carry approximately equal amounts of pedestrian traffic, the Development Services Director shall
select building frontage on the basis of the interior layout of the building, traffic on adjacent
streets, or other indicators available.
BUILDING, HEATING, PLUMBING, OR ELECTRICAL CONTRACTOR
Offices for building, heating, plumbing, or electrical contractors, and related storage facilities.
BUSINESS OFFICE
An establishment characterized by employees carrying out the administrative, sales or service

functions of a business in an office setting, utilizing customary office equipment. No
manufacturing or storage of products, except for incidental sales samples, is permitted as part of
the operation. Visitors are limited to wholesale customers, vendors, clients and business
contacts, without a walk-in retail customer or client orientation. This use includes headquarters
offices, off-site sales offices and call centers. A business office meeting this definition may

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operate in any permitted zone, regardless of the other aspects of the underlying business, which
may not be permitted in that zone.
BUSINESS SERVICES ESTABLISHMENT
An establishment primarily engaged in the provision of business-related services to

consumers and small businesses. Examples include; general photographic studios;
mailing and packing services; photocopy and blueprint services; tax and accounting
services, brokerages, insurance offices and collections offices.
BUILDING SETBACK LINE
A line located at the termination of a required yard.
BUILDING WALL
The entire surface area, including windows and floors, of an exterior wall of a building.
BULLETIN BOARD
A changeable sign used to announce meetings or programs to be held on the premises of a

church, school, auditorium, library, museum, community recreation center, or similar
noncommercial places of public assembly.
BUSINESS VEHICLE OR TRAILER
A vehicle or vehicle and trailer combination intended for transport of goods or products for
business purposes with more than two (2) axels, or that exceeds twenty thousand (20,000)
pounds of gross vehicle weight, as well as non-motorized trailers with more than one (1) axel
used or intended for business purposes.
CALIPER
A horticultural method of measuring the diameter of a tree trunk for the purpose of determining
size. The caliper of the trunk is measured six (6) inches above the ground for trees up to and
including four (4) inches in diameter, twelve (12) inches above the ground for trees greater than
four (4) inches and up to ten (10) inches in diameter, and at breast height (4½ feet) for trees ten
(10) inches or greater in diameter.
CAMPGROUND
An outdoor facility designed for overnight accommodation of persons in tents, rustic cabins, and
shelters for recreation, education, naturalist, or vacation purposes. Office, retail, and other
commercial uses commonly established in such facilities and related parking structures shall be
allowed as accessory appurtenances.
CAN-STYLE LIGHTING FIXTURE
A device used for exterior lighting where the source of illumination is fully enclosed within an
opaque tube, typically constructed of metal, which inhibits visibility of the source of illumination
except from directly underneath or directly over the light source.

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CANOPY
A permanent, but not completely enclosed structure that may be attached or adjacent to a
building for the purpose of providing shelter to people or automobiles, or a decorative feature on a
building wall. A canopy is not a completely enclosed structure.
CANOPY TREE
A tree that has an expected height at maturity greater than thirty (30) feet and which produces
significant shade because it has a crown that is oval, round, vase-shaped, or umbrella-shaped.
CARETAKER’S QUARTERS
An accessory dwelling unit located on the premises of another principal use for the occupancy of
a caretaker, security guard, or other person charged with oversight and/or protection of the
principal use.
CAR PORT
A roofed structure not more than seventy-five percent (75%) enclosed by walls and attached to or
adjacent to the principal structure that is provided for the purpose of sheltering one (1) or more
motor vehicles.
CAR WASH OR AUTO DETAILING
An establishment providing the exterior washing of vehicles where vehicles are manually driven
or pulled by a conveyor through a system of rollers and/or brushes. Interior cleaning and/or
drying may be conducted manually by vehicle operator or on-site attendants. Automatic car wash
establishments are further defined under the two (2) following categories:
1. Full service: An establishment featuring a conveyor system to move vehicles through the
wash cycle. This type of car wash may include sales of gasoline, oil and other vehicle related
merchandise. On-site attendants are required. Building size is limited by lot size, parking
requirements, building and landscape setbacks or other site characteristics.
2. Self service: An establishment featuring a car wash system where vehicles are manually
driven through a wash cycle, or washed manually using a wand or other hose. Incidental interior
cleaning and exterior drying are performed by vehicle operator. This type of car wash does not
have an on-site attendant and there is no gasoline, oil or other merchandise for sale.
CEMETERY, COLUMBARIUM, MAUSOLEUM
Uses intended for the burial of the dead and dedicated for cemetery purposes. This Use Type
may include a funeral home or mortuary or a mausoleum or columbarium (a structure or vault
lined with recesses for cinerary urns), but does not include a crematory.
CERTIFICATE OF APPROPRIATENESS
A permit reviewed and approved, approved with conditions, or denied by the BHR or the
Development Services Director in accordance with Section 2-300(G)(1), Certificate of
Appropriateness.
CERTIFICATE OF COMPLIANCE
As used in Section 2-300(J), Stormwater Management and Sediment Control Plan, a certification
made by a landowner or landowner’s agent stating that subsequent development or land

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disturbing activity taking place upon a platted lot will be in compliance with all applicable
Stormwater Management and Sediment Control Plans and/or Grading Permits.
CERTIFICATE OF CONFORMITY
Services Director in accordance with Section 2-300(P), Certificate of Conformity.
CERTIFICATE OF HARDSHIP
A permit reviewed and approved, approved with conditions, or denied by the BHR in accordance
with Section 2-300(G)(2), Certificate of Hardship.
CERTIFIED CONSTRUCTION INSPECTOR
As used in Section 2-300(J), Stormwater Management and Sediment Control Plan, a person with
the responsibility for conducting inspections during construction and maintenance inspections
after the land disturbing activity is completed as certified by the South Carolina Land Resources
Conservation Commission.
CERTIFIED PLAN REVIEWER
As used in Section 2-300(J), Stormwater Management and Sediment Control Plan, a person with
the responsibility for reviewing stormwater management and sediment control plans for an
appropriate plan approval agency as certified by the South Carolina Land Resources
CHAMFERED
A reduction in the angle of intersection between two (2) streets to less than ninety (90) degrees
by connecting the two (2) streets with a third street segment located at less than ninety (90)
degrees to either roadway segment it connects.
CHILD CARE CENTER
A facility licensed by the State to provide day-care services for seven (7) or more children under
the age of eighteen (18), other than members of the family. The term includes day nurseries or
day-care services. Facilities primarily dedicated to the provision of educational and school
preparation services are pre-schools or nursery schools.
CITY
The City of Rock Hill, South Carolina.
CITY COUNCIL
The City Council of Rock Hill, South Carolina.
CITY STREET SYSTEM
The network of existing arterial, major collector, and commercial collector streets within the City.
CITY STREET SYSTEM, GREATER
The network of all existing public streets within the City.

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CIVIC LOT
A lot designated for occupancy by civic or other public uses in a NMU Master Plan.
COLD STORAGE PLANT
A building, structure, machinery, appurtenances, appliances and apparatus occupied and used in
the business of freezing food products or storing frozen food products.
COLLEGE OR UNIVERSITY
A public or private, non-profit institution for post-secondary education offering courses in general
or technical education which operates on buildings or premises of any tract size owned or leased
by the institution for administrative and faculty offices, classrooms, laboratories, chapels,
auditoriums, lecture halls, libraries, student and faculty centers, athletic facilities, dormitories,
fraternities and sororities, and other facilities which further the educational mission of the
institution. In no event shall this definition prohibit a college or university from engaging in an
activity historically conducted by such institutions. Trade or vocational schools are a different Use
Type.
COLONNADE
A roof or building structure, extending over the sidewalk, open to the street and sidewalk except
for supporting columns or piers. Colonnades shall have, at the sidewalk, a minimum clear height
of ten (10) feet (excluding signage or lighting) and a minimum clear width of eight (8) feet.
Colonnades shall be constructed a minimum of five (5) feet from the curb. Supporting structures
shall not encroach into the required easements or required rights-of-way.
COMMERCIAL RECREATION, INDOOR
A private indoor (entirely within enclosed structure) use providing for sport and recreation
activities, that are operated or carried on primarily for financial gain. Examples of indoor
commercial recreation uses include, but are not limited to, fitness centers, bowling alleys,
dancehalls, skating rinks, indoor commercial swimming pools, and racquet and tennis club
facilities (indoor).
COMMERCIAL RECREATION, OUTDOOR
A private outdoor use providing facilities for sport activities, which is operated or carried on
primarily for financial gain, outdoors. Examples of outdoor commercial recreation uses include,
but are not limited to, privately owned golf driving ranges, miniature golf facilities, outdoor
commercial tourist attractions, and privately owned active sports facilities such as ballfields and
basketball courts, racquet and tennis club facilities (outdoor), and drive-in theatres.
COMMISSION
As used in Sections 2-300(J), Stormwater Management and Sediment Control Plan, and 6-
500(D), Stormwater Management and Sediment Control, the South Carolina Land Resources
COMMUNITY CENTER
A public building to be used as a place of meeting, recreation, or social activity and not operated
for profit.

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COMMUNITY GARDEN
A private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by
more than one (1) person.
COMMUNITY WATER SUPPLY (OR) COMMUNITY SEPTIC SYSTEM
Utilities for the provision of potable water or treatment of wastewater which are not connected to
the public utility network, and which are usually intended to serve individual developments. Such
systems typically connect all dwelling units within the development to a centralized utility facility
also located within the development.
COMPREHENSIVE PLAN
The Comprehensive Plan adopted by the City Council. Also know as the Rock Hill General Plan.
The Comprehensive Plan includes the Community Facilities Plan, the Rock Hill/Fort Mill Area
Transportation Study (RFATS) Transportation Plan, and the Capital Improvements Plan.
CONDITIONAL USE PERMIT
Services Director in accordance with Section 2-300(C), Conditional Use Permit.
CONFERENCE CENTER
A facility designed to accommodate less than five hundred (500) persons and used for
conferences, seminars, product displays, recreation activities, and entertainment functions, along
with accessory functions including temporary outdoor displays, and food and beverage
preparation and service for on–premise consumption.
CONNECTIVITY
The relative degree of connection between streets, sidewalks, or other means of travel.
CONSERVATION SUBDIVISION
The division of a tract of land into two (2) or more lots, building sites, or other divisions along with
additional land area set aside as open space for conservation and/or recreation purposes in
accordance with Section 2-300(I)(5)(g), Conservation Subdivision, and Section 7-200,
CONSTRUCTION
The erection of any building or structure or any preparations (including land disturbing activities)
for the same.
CONTINUOUS VISUAL SCREEN
Screening of vehicular use areas by vegetative material, berms, or structures (walls and fences),
or a combination of these items designed to completely obstruct off-site views of the vehicular
use area typically to a height three (3) feet or thirty-six (36) inches above the adjacent grade.
CONVENIENCE STORE
A retail establishment, the ground floor of which is 4,000 square feet or less and which offers for
sale, primarily, most of the following articles: bread, milk, cheese, canned and bottled foods and

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drinks, tobacco products, candy, papers and magazines, and general hardware articles.
Gasoline and/or fast food may also be offered for sale but only as a secondary activity of a
convenience store. If vehicular maintenance and service are provided, the establishment is not
classified as a convenience store.
CONVENTION CENTER
A facility designed to accommodate five hundred (500) or more persons and used for
conventions, conferences, seminars, product displays, recreation activities, and entertainment
functions, along with accessory functions including temporary outdoor displays, and food and
beverage preparation and service for on–premise consumption. Similar structures with a capacity
of less than five hundred (500) people are auditorium or conference center uses.
COPY
Any words, letters, numbers, figures, characters, symbols, logos, or insignia that are used on a
sign display surface area.
CORRECTIONAL FACILITY
Publicly or privately operated facilities housing persons awaiting trial or persons serving a
sentence after being found guilty of a criminal offense. Such uses may include housing for facility
staff, outdoor storage and maintenance areas, agricultural facilities, and facilities for the
production of goods or materials produced for sale.
COUNTY
York County, South Carolina.
CREMATORY
A facility containing furnaces for the reduction of dead bodies to ashes by fire.
CRITICAL ROOT ZONE
An underground area extending laterally in all four (4) cardinal directions from the base of a tree’s
trunk to a distance the greater of one-and-one-half (1½) times the perimeter of the tree’s dripline,
or a distance of nine (9) inches in radius from the trunk for each inch of trunk diameter at breast
height.
CROSS ACCESS
Vehicular access provided between the vehicular use areas of two (2) or more development sites
or parcels of land intended to allow travel between the sites without the use of a public or private
street.
CROSS WALK
A right-of-way within or connecting blocks generally ten (10) feet in width or greater which is
intended for public use primarily by pedestrians.
CULTURAL FACILITY
Establishments such as zoological gardens, conservatories, planetariums, or other similar uses of

an historic, educational, or cultural interest, which are not operated for profit.

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CUPOLA
A domelike structure on top of a roof or dome, often used as a lookout or to admit light and air.
CURVILINEAR STREET NETWORK
A system of higher and lower order streets that are arranged in conformity with topographic or
environmental elements such as streams, lakes, wetlands, or areas of higher elevation. Typically,
streets in such street networks are not arranged in a repeating pattern and not all streets connect
to each other.
DELEGATION
The acceptance of responsibility by a Local Government or Conservation District for the

implementation of one or more elements of the statewide stormwater management and sediment
control program.
DESIGN REVIEW GUIDELINES MANUAL
A manual of architectural and design standards applicable to all development and redevelopment
activities within the Historic Overlay (YH) district.
DESIGN STORM
For the purposes of the Section 6-500(D), Stormwater Management and Sediment Control, a
storm of a given return frequency as specified by this ordinance to be used to compute peak flow,
volumes and design required structures or measures.
DESIGNATED WATERSHED
A watershed designated by a local government and approved by the Commission, Department of

Health and Environmental Control and the South Carolina Water Resources Commission and
identified as having an existing or potential stormwater, sediment control, or nonpoint source
pollution problem.
DETACHED HOME LOT
A lot designated for occupancy by a single-family detached dwelling in a NMU Master Plan.
DETAILED CONSTRUCTION PLANS
A type of subdivision approval reviewed and approved, approved with conditions, or denied by
the Development Services Director in accordance with Section 2-300(I)(5)(c), Detailed
Construction Plans.
DETENTION STRUCTURE
A permanent stormwater management structure whose primary purpose is to temporarily store

stormwater runoff and release the stored run off at controlled rates.
DEVELOPED LAND
Land containing residential, commercial, industrial, institutional, or other construction or alteration

which has changed the condition of the land from its prior undeveloped state.

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DEVELOPER
A person undertaking, or for whose benefit, activities covered by this Ordinance are commenced
and/or carried out. This person may or may not also be an Applicant.
DEVELOPMENT
The construction, reconstruction, remodeling, conversion, structural alteration, relocation,

enlargement, or demolition of any structure, portion of a structure, or sign; any change in use in
land, building, or structure, or material change in the appearance of any structure; any increase in
the number of dwelling units, businesses, manufacturing establishments, or offices; any mining,
excavation, filling, grading, paving, or land disturbance; and any act of subdivision of land.
DEVELOPMENT PERMIT
For the purposes of Section 2-400, Land Development Agreements, includes a building permit,
zoning permit, subdivision approval, amendment to the Official Zone District Map (Rezone),
Special Exception Permit, Variance Permit, or any other official action of the City having the effect
of permitting the development of land.
DEVELOPMENT SERVICES DIRECTOR (OR “DIRECTOR”)
The person responsible for administering this Ordinance, or a designee. The zoning
administrator, as designated by the City Manager.
DHEC
The South Carolina Department of Health and Environmental Control.
DIAMETER AT BREAST HEIGHT (DBH)
The measurement of the diameter of a tree trunk over ten (10) inches in diameter taken at a
height of four-and-one-half (4½) feet above the ground. Trees with multiple trunks should be
treated as multiple trees and the DBH for each trunk added to aggregate diameter measurement.
DINNER THEATRE
An eating establishment offering food to patrons while seated at tables or through a buffet line
before, during, or after a performance by one (1) or more actors in a theatrical production.
DIRECT PEDESTRIAN ACCESS
Pedestrian access to a use or facility from the larger pedestrian network via an improved
pedestrian pathway, including but not limited to a sidewalk, multi-purpose trail, recreational trail,
or other access easement. Such pedestrian pathways may be located within the public right-of-
way, or other public or private access easement.
DISTRIBUTOR SHOWROOM
An establishment which includes displays of products for selection by customers, usually

for wholesale purchase by contractors or other businesses. Limited retail sales are
permitted, but are clearly incidental to the wholesale function of the business.

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DISTRICT
500(D), Stormwater Management and Sediment Control, any soil and water conservation district
created pursuant to Chapter 9, Title 48, S.C. Code of Laws.
DISTURBED AREA
500(D), Stormwater Management and Sediment Control, area which is designated for land
disturbance, but limited to the amount of land actually disturbed on a site or lot.
DORMITORY
A building used principally to provide rooms for sleeping accommodations at an educational,

public, or religious institution. Common kitchen, sanitary, and social gathering rooms may also be
provided.
DRAINAGE
General terms applied to the removal of surface or resurface water from a given area either by
gravity via natural means or by systems constructed so as to remove water, and is commonly
applied herein to surface water.
DRAINAGE, POSITIVE
An area that has been graded or shaped to prevent pooling of stormwater runoff.
DRAINAGE AREA
As used in Section 6-500(D), Stormwater Management and Sediment Control, that area
contributing runoff to a single point.
DRIPLINE
A vertical line that extends from the outermost branches of a tree’s canopy to the ground around
the circumference of the tree.
DRIVEWAY ENTRANCE
A vehicular accessway or series of accessways providing ingress and egress to a use or

development from a public street, private street, or vehicular use area associated with another
use. Such accessway may be the primary drive aisle, or may be a separate driveway.
DRUG AND ALCOHOL TREATMENT FACILITY
Inpatient facility which provides care for persons with drug and/or alcohol dependency problems
and which may include outpatient follow-up care to the facility's patients.
DRUG STORE OR PHARMACY (WITH DRIVE THROUGH)
A freestanding establishment including one (1) or more drive through lanes for customer service
that is engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and
related supplies.

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DWELLING, LIVE/WORK
A structure or portion of a structure combining a residential living space for one (1) or more
persons with an integrated work space principally used by one (1) or more of the residents.
DWELLING, MANUFACTURED HOME
A structure building on an integral chassis designed to be used as a dwelling unit when

connected to the required utilities, fabricated in an offsite manufacturing facility after June 15,
1976 in one (1) or more sections, which includes the plumbing, heating, air conditioning, and
electrical systems contained therein, with each section bearing the HUD Code Seal certifying
compliance with the Federal Manufactured Home Construction and Safety Standards Act,
designed to be transported for installation or assembly at the building site. Also know as a “HUD-
Code Home.” This definition does not include recreational vehicle, mobile home dwelling or
modular home dwelling.
DWELLING, MOBILE HOME
A structure built on an integral chassis and designed to be used as a dwelling unit when
connected to the required utilities, fabricated in an offsite manufacturing facility before June 15,
1976, in one (1) or more sections, designed to be transported for installation or assembly at the
building site. Sections do not carry the HUD Code Seal. This definition does not include
recreational vehicle, manufactured home, or modular home.
DWELLING, MODULAR HOME
A dwelling unit constructed on-site in accordance with all state and local building code
requirements, composed of components manufactured and substantially assembled in a separate
location and transported to the building site for final assembly on a permanent foundation.
DWELLING, MULTIPLE-FAMILY
A dwelling containing five (5) or more individual dwelling units, with the units often stacked one
above the other in a vertical configuration, sharing common vertical walls and/or horizontal floors
and ceilings.
DWELLING, SINGLE-FAMILY, ATTACHED
Two (2) or more single-family dwelling units, each with its own outside entrance and individual lot,
which are joined together by a common or party wall which is shared by two (2) or more individual
dwelling units for fifty percent (50%) or less of its total linear distance along the lot line.
DWELLING, SINGLE-FAMILY, DETACHED
A residential building containing not more than one (1) dwelling unit to be occupied by one (1)
family, not physically attached to any other principal structure. For regulatory purposes, this term
does not include mobile homes, recreational vehicles, or other forms of temporary or portable
housing. Manufactured buildings constructed for use as single-family dwelling units
(manufactured home dwellings) are treated similar to single-family detached dwellings.
DWELLING, TOWNHOUSE
A type of multi-family dwelling, in which five (5) or more individual dwelling units are located on
individual lots, but attached by one (1) or more common party walls which are shared by one (1)
or more unit for more than fifty percent (50%) of their total linear distance along the lot line. The

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habitable spaces of different dwelling units are typically arranged on a side-by-side rather than a
stacked configuration.
DWELLING, TWO- TO FOUR-FAMILY
A residential building containing two (2), three (3), or four (4) individual dwelling units located on a
single lot. Such units may be part of a single structure, or may be attached by one (1) or more
common walls.
DWELLING, UPPER STORY
A dwelling unit located on the second floor or higher of a building with non-residential uses
located on the ground or street level.
EASEMENT
A grant by a landowner to another landowner or to the public, for the right to occupy or use
designated land for specific purposes, such as access, drainage, conservation, the location of
public improvements, or other specified purpose. An easement does not constitute fee simple
ownership of the land.
EAVE
The projecting lower edges of a roof that overhangs the wall of a building.
ELECTRIC MOTOR REPAIR
An establishment that repairs electric motors for compensation.
ELECTRONIC MESSAGE BOARDS
Any sign that uses changing lights or electronic or digital display to form a changing sign
message wherein the message or sequence of messages and the rate of change can be modified
by electronic processes.
ELEVATION
The front, side, or rear of a structure.
EMBANKMENT OR FILL
A deposit of soil, rock or other material placed by man.
EMPLOYMENT CAMPUS LOT
A lot designated for occupancy by business and office uses in a NMU Master Plan.
ENCROACHMENT
The portion of a structure that intrudes into a required setback, or the point at which a driveway
accesses a public street.
ENFORCEMENT AUTHORITY
The City Manager, the Director of Development Services, or their designee.

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ENTERTAINMENT ESTABLISHMENT
Indoor continuous entertainment activities such as game arcades, video and pinball parlors, pool
halls, indoor firing ranges, and similar types of uses.
ENERGY RECOVERY PLANT
Any public or private recovering facility for electricity, natural gas, petroleum, coal, or other source
of energy.
EQUINE STABLE
A use associated with the keeping of horses or ponies as domesticated animals or pets. Such
uses include stalls, feeding areas, paddocks, haylofts, corrals, and other similar outdoor
exercise/performance areas.
ERECT
To build, construct, attach, hang, place, suspend or affix, also including the painting of wall signs.
EROSION
The wearing away of land surface by the action of wind, water, gravity, ice, or any combination of
those forces.
EROSION AND SEDIMENT CONTROL
The control of solid material, both mineral and organic, during a land disturbing activity to prevent
its transport out of the disturbed area by means of air, water, gravity, or ice.
EXEMPTION
500(D), Stormwater Management and Sediment Control, those land disturbing activities that are
not subject to the sediment and stormwater requirements contained in this Ordinance.
EXTRACTIVE INDUSTRY
A use involving on-site extraction of surface or subsurface mineral products or natural resources.
Typical uses are quarries, borrow pits, sand and gravel operations, mining, and soil mining.
Specifically excluded from this use is grading and removal of dirt associated with an approved
site plan or subdivision or excavations associated with, and for the improvement of, a bona fide
agricultural use.
FACADE
The exterior wall of a building parallel to the frontage line or the street that fronts the parcel on
which the building is located. Facades may be on the front, side, or rear elevation of the building.
FAIR MARKET VALUE
The monetary price that a parcel of land, portion of land, improvement on land, or other
commodity will bring in a competitive and open market under all conditions of a fair sale, the
buyer and seller each prudently knowledgeable, and assuming the price is not affected by undue
stimulus.

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FAMILY
Family means any of the following: (a) one or more persons related by blood, marriage, adoption,
or legal guardianship, including foster children, living together in a dwelling unit; or (b) a group of
not more than five (5) persons not related by blood, marriage, adoption, or legal guardianship
(including foster children) living together in a dwelling unit; or (c) two unrelated persons and their
minor children living together in a dwelling unit.
FARM MARKET
An occasional or periodic market held in a structure or open area where farmers sell their
produce or farm products.
FARM PRODUCE STAND
See “Produce Stand”.
FENCE
A structure used to delineate a boundary or act as a barrier or means of protection, confinement,

or screening.
FINAL PLAT FOR SUBDIVISION
the Development Services Director in accordance with Section 2-300(I)(5)(f), Final Plat for
Subdivision.
FINANCIAL INSTITUTION
An establishment that provides retail banking services, mortgage lending, or similar financial
services to individuals and businesses. Financial institutions include those establishments
engaged in the on-site circulation of cash money and check-cashing facilities, but shall not
include bail bond brokers. Financial institutions may also provide Automated Teller Machines
(ATM) services, located within a fully enclosed space or building, or along an exterior building
wall intended to serve walk-up customers only. Financial institutions may include drive-through
facilities.
FIRE AND EMS
Facilities for the provision of local rapid response emergency services such as firefighting and
mobile medical emergency services, including areas for the storage and maintenance of
emergency vehicles, and equipment and facilities for the housing and feeding of emergency
personnel while on duty.
FLAG LOT
A lot that abuts or gains access to a street through a narrow portion which does not meet the
minimum frontage or lot width requirements for the zone district where it is located.
FLEA MARKET
A market held in an open area or structure where individual sellers offer goods for sale to the
public. Such sellers may set up temporary stalls or tables for the sale of their products. Such
sales may involve new and/or used items and may include the sale of fruits, vegetables, and
other edible items. A farmer’s market, where food items predominate, is different than a flea

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market. This also differs from a garage sale or yard sale that is conducted on a residentially
developed lot by members of a household, or civic groups selling primarily donated items.
FLOODPLAIN
Areas including and contiguous with lakes, streams, other bodies of water, as well as inland
depressional areas whose elevation is equal to or lower than the projected one hundred- (100)
year flood elevation.
FLOODWAY
The channel of a river or other watercourse and the adjacent land area, the capacity of which
shall be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than the peak flow elevation associated with a pre-development one
hundred (100) year flood.
FOOD SALES (AS AN ACCESSORY USE)
The sale of prepared or processed food, snacks, baked goods, or other products intended for
human consumption either for or not for profit, whether prepared on or off site as an accessory or
subordinate activity to the principal use.
FOOTCANDLE
The amount of light that falls onto a surface as emitted by an exterior lighting device.
FRATERNITY/SORORITY HOUSE
A building used as group living quarters for students of a college, university, or seminary, who are
members of a fraternity or sorority that has been officially recognized by the college, university, or
seminary. Such use may or may not be located within the campus it is associated with. The
fraternity or sorority house may include sleeping areas, cooking facilities, and areas for meeting
and socializing.
FULL CUT-OFF LENS
An artificial outdoor lighting fixture designed to ensure that no light is directly emitted above a
horizontal line parallel to the ground.
FUEL OIL/BOTTLED GAS DISTRIBUTOR
An establishment that distributes fuel oil or bottled gases such as propone or liquid petroleum for
compensation.
FUNCTIONAL CLASSIFICATION MAP
An official map maintained by the City which depicts the location and cross-section dimensions of
existing public streets.
FUNERAL HOME
An establishment that provides human funeral services, including embalming and memorial
services. Crematories are accessory uses to a funeral home.

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GARAGE
An outbuilding or accessory structure for the purpose of parking vehicles.
GASOLINE FILLING STATION
Buildings and premises where gasoline, oils and greases, batteries, tires and automobile
accessories may be supplied and dispensed at retail (or in connection with a private operation
where the general public is excluded from use of facilities), and where in addition the following
services may be rendered and sales made, and no other:
1. Sale and service of spark plugs, batteries, and distributors and distributor parts;
2. Tire servicing and repair, but not recapping or regrooving;
3. Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs,
fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel
bearings, mirrors, and the like;
4. Radiator cleaning and flushing;
5. Washing and polishing, and sale of automotive washing and polishing materials;
6. Greasing and lubrication;
7. Providing and repairing fuel pumps, oil pumps, and lines;
8. Minor servicing and repair of carburetors;
9. Emergency wiring repairs;
10. Adjusting and repairing brakes;
11. Minor motor adjustments not involving removal of the head or crankcase or racing the
motor;
12. Sales of cold drinks, packaged foods, tobacco, and similar convenience goods for filling
station customers, as accessory and incidental to principal operation;
Provision of road maps and other informational material to customers; and
Provision of restroom facilities.
Uses permissible at a filling station do not include major mechanical and body work, straightening
of body parts, painting, welding, storage of automobiles not in operating condition, or other work
involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally
found in filling stations.
GENERAL INDUSTRIAL SERVICE
Establishments engaged in the repair or servicing of agriculture, industrial, business, or consumer

machinery, equipment, products, or by-products. Firms that provide these services do so by
mainly providing centralized services for separate retail outlets. Contractors and building
maintenance services and similar uses perform services off-site. Few customers, especially the

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general public, come to the site. Accessory activities may include retail sales, offices, parking,
and storage.
GENERAL PLAN
See “Comprehensive Plan.”
GLARE
The reflection or harsh, bright light and the physical effect resulting from high luminances or
insufficiently shielded light sources to cause annoyance, discomfort, or loss in visual performance
and visibility.
GLAZING
The portion of an exterior building surface occupied by glass or windows.
GOLF COURSE, PRIVATE OR PUBLIC
A tract of land laid out with at least nine (9) holes for playing the game of golf and improved with
tees, greens, fairways, and hazards. A golf course, public or private, may include a clubhouse,
shelters, a driving range, putting green, maintenance facilities, an irrigation system, and outdoor
storage of materials and equipment.
GOLF DRIVING RANGE
A limited area on which golf players do not walk, but onto which they drive golf balls from a
common driving tee. Such uses may include a concessions stand, netting, exterior lighting
fixtures, putting greens, as well as maintenance and outdoor storage areas. Such uses do not
include golf courses.
GOVERNMENT MAINTENANCE, STORAGE, AND DISTRIBUTION FACILITY
A facility housing government shops, maintenance and repair centers, equipment, and outdoor
storage yards.
GOVERNMENT OFFICE
An office of a governmental agency that provides administrative and/or direct services to the
public, such as, but not limited to, employment offices, public assistance offices, or motor vehicle
licensing and registration services.
GRADING
Excavating, filling (including hydraulic fill) or stockpiling of earth material, or any combination
thereof, including the land in its excavated or filled condition.
GRADING PERMIT
Services Director in accordance with Section 2-300(K), Grading Permit.

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GREENWAY
Linear greenbelts linking various types of development by such facilities as bicycle paths,
footpaths, and bridle paths. Greenways are usually kept in their natural state except for the
pathway and areas immediately adjacent to the pathway.
GROCERY STORE
An establishment engaged in retail and/or wholesale sale of food, foodstuffs, sundries, or other
common household items to members of the public.
GROUND COVER
Any natural vegetative growth or other material that renders the soil surface stable against
accelerated erosion.
GROUP HOME
A facility for the sheltered care of juvenile or adult persons which, in addition to providing food
and shelter to persons unrelated to the proprietor, also provides personal care, assistance or
services beyond food, shelter and laundry on an ongoing basis. This is limited to those juveniles
and adult persons who are not in more restrictive custodial confinement but may be mentally
and/or physically handicapped, abused, or other non-criminal situations. The definition does not
include hospitals, rest homes, nursing homes, boarding homes, homes for orphans or aged, sub-
acute-care detoxification centers or halfway house/mainstreaming facilities. There are two (2)
types of group homes. A group home (Type A) is a facility for twenty (20) or fewer persons. A
group home (Type B) is a facility for more than twenty (20) persons.
GROWING SEASON
See “Planting Season”.
HALF STREET
A street with only one-half (½) of the required right-of-way width typically proposed along the
boundary or edge of a tract or parcel being subdivided.
HALFWAY HOUSE
A licensed home for juveniles or adult persons on release from more restrictive custodial
confinement or initially placed in lieu of such more restrictive custodial confinement, wherein
supervision, rehabilitation, and counseling is provided to assist residents back into society,
enabling them to live independently. There are two (2) types of halfway houses. A halfway house
(Type A) is a facility for juveniles or adults who are on release from or are initially placed in-lieu of
more restrictive extended care. It does not provide services to persons recently released from
prison, drug and alcohol abusers, and the like. A halfway house (Type B) is a facility for juveniles
or adults who are on release from more restrictive custodial care, such as but not limited to
persons recently released from prison, and drug and alcohol abusers, and the like.
HAZARDOUS WASTE COLLECTION SITE
An establishment for the collection and/or transfer of hazardous waste.
HEALTH DEPARTMENT
The public health department having jurisdiction over the land that is proposed for development.

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HEAVY EQUIPMENT SALES, RENTAL, OR REPAIR
An establishment engaged in the display, sale, leasing, or rental of heavy equipment of twelve
thousand (12,000) or more pounds gross vehicular weight (GVW).
HEDGE
A group of shrubs planted in line or in groups that forms a compact, dense, living barrier that
demarcates an area from on-site or off-site views.
HELICOPTER LANDING FACILITY
An area, either at ground level or elevated on a structure, licensed or approved for the landing
and takeoff of helicopters and which may include auxiliary facilities such as parking, waiting room,
fueling and maintenance equipment.
HERITAGE TREE
A tree that has a trunk of thirty-two (32) inches or more in diameter at four-and-one-half (4½) feet
above normal ground level, or if of a horticultural or ornamental variety, a trunk of ten (10) inches
or more in diameter at four-and-one-half (4½) feet above the normal ground level.
HIGH RISK TREE
Any tree with structural defects sufficient to render the tree or part of the tree likely to fail and
cause damage to persons, property, or significant vegetation as determined by a qualified
professional (i.e. an ISA Certified Arborist, ISA Board Certified Master Arborist, or a member of
the American Society of Consulting Arborists).
HISTORIC DESIGN REVIEW GUIDELINES MANUAL
The Design Guidelines Manual prepared by the BHR and adopted by the City Council, that
provides guidance in the review and consideration of Certificates of Appropriateness and
Certificates of Hardship.
HISTORIC OVERLAY (YH) DISTRICT
An area of land in the City designated as an Historic Overlay (YH) District by ordinance of the City
Council, in accordance with Section 2-300(A), Amendment to the Official Zone District Map
(Rezone), and Section 3-500 (B)(2), Historic Overlay (YH) District. It is an area within the City
which constitutes an outstanding or distinctive area worthy of protection and enhancement under
this Ordinance based on the presence, within definable geographic boundaries, of one (1) or
more lands, structures, or sites of historic value.
HISTORIC PROPERTY
Any land, structure or site designated as a Historic Property by ordinance of the City Council, in
accordance with Section 2-300(A), Amendment to the Official Zone District Map (Rezone), and
Section 3-500 (B)(2), Historic Overlay (YH) District. It is land worthy of rehabilitation, restoration,
and/or preservation because of its historic and architectural significance to the City, including any
designated area surrounding such land, structure, or site, to the extent necessary for its
protection.

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HOME FOR THE DISABLED
As used in Section 1-400(D)(3), Homes for the Disabled, a home licensed by the State to provide
twenty-four (24) hour care to nine (9) or fewer unrelated mentally or physically handicapped
persons of any age. Such uses serving ten (10) or more persons shall be considered as
community residential home II, group home, nursing home, or assisted living facilities uses as
appropriate.
HOME OCCUPATION
A business, profession, occupation, or trade which is conducted within a residential dwelling unit
for the economic gain or support of a resident of the dwelling, and is incidental and secondary to
the residential use of the lot and which does not adversely and/or perceptively affect the
character of the lot or surrounding area. Home occupation includes but is not limited to: offices;
electronic and offsite retail; personal services such as physical therapy by licensed individuals,
beauty parlors, pet grooming, and the like. Home occupation does not include such businesses
as: automotive repair and the like; dentists or physician’s offices and the like; any licensed or
unlicensed practitioner who performs invasive procedures (acupuncture, tattooing, body piercing,
and the like); restaurants, bars, social clubs and the like; animal kennels or hospitals and the like;
or any other business which is clearly inappropriate or out of character for a residential area such
that its location constitutes an adverse impact on neighboring residential properties.
HOSPITAL
An institution specializing in giving clinical, temporary, and emergency services of a medical or

surgical nature to human patients and injured persons, that is licensed by state law to provide
facilities and services in surgery, obstetrics, or general medical practice. Such institutions may
include in-patient medical or surgical care for the sick or injured and related facilities such as
laboratories, out-patient departments, training facilities, central services facilities, and staff offices
that are an integral part of the facilities.
HOTEL OR MOTEL
Hotel and motel are to be considered synonymous uses. A hotel or motel means a building or a
group of buildings in which sleeping accommodations are offered to the public and intended
primarily for rental for temporary occupancy by persons on an overnight basis, not including bed
and breakfast establishments or a rooming house. Such uses may include microwaves and
refrigerators for each guest unit.
HUE
The visible color emitted from an artificial source of exterior lighting.
INDUSTRIAL SERVICE
Establishments engaged in the repair or servicing of agriculture, industrial, business, or consumer

machinery, equipment, products, or by-products. Firms that provide these services do so by
mainly providing centralized services for separate retail outlets. Contractors and building
maintenance services and similar uses perform services off-site. Few customers, especially the
general public, come to the site. Accessory activities may include retail sales, offices, parking,
and storage.

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IMPERVIOUS SURFACE
Buildings; parking areas; driveways; streets; sidewalks; areas of concrete, asphalt, gravel, or
other compacted aggregate; and areas covered by the outdoor storage of goods or materials
which do not absorb water.
IMPLEMENTING AGENCY
500(D), Stormwater Management and Sediment Control, the Commission, local government, or
conservation district with the responsibility for receiving stormwater management and sediment
control plans for review and approval, reviewing plans, issuing permits for land disturbing
activities, or conducting inspections and enforcement actions in a specified jurisdiction.
IMPOUNDMENT
A structure typically built below grade that is intended to retain or detain stormwater runoff.
INCINERATOR
A facility that burns refuse at high temperatures to reduce the volume of waste. (See also
Resource Recovery Plant.)
INFILL
The construction of new development or redevelopment in areas proximate to existing

development.
INFILTRATION
As used in Section 6-500(D), Stormwater Management and Sediment Control, the passage or
movement of water through the soil profile.
IN HOME DAY CARE HOME (UP TO 6 PERSONS)
A dwelling in which a permanent occupant provides for the care of up to six (6) children or adults.
Those receiving care are not all related to the occupant or to each other by blood or marriage and
are not the legal wards or foster children of the attendant adults. Those receiving care and who
are not dependents of the occupant do not reside on the site.
INTERMEDIATE FIELD SURVEY PLAT
the Development Services Director in accordance with Section 2-300(I)(5)(d), Intermediate Field
Survey Plat.
INTERPRETATION
An interpretation of this Ordinance made in writing by the Development Services Director in

accordance with the standards in Section 2-300(Q), Interpretations by Development Services
Director.
INTERSTATE
A controlled access highway that is part of the federal interstate highway system.

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KENNEL, INDOOR
A facility where more than four (4) and less than twenty-one (21) dogs, cats, or other animals
over three (3) months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed.
The facility shall be entirely indoors.
KENNEL, OUTDOOR
A facility where more than four (4) and less than twenty-one (21) dogs, cats, or other animals
over three (3) months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed.
Such a facility may have an indoor and outdoor component.
LAND
The earth, water, and air, above, below, or on the surface, and includes any improvements or
structures customarily regarded as land.
LAND DEVELOPMENT PERMIT
Services Director in accordance with Section 2-300(L), Land Development Permit.
LAND-DISTURBING ACTIVITY
Any use of the land by any person for development that results in a change in the natural cover
(including removal of trees) or topography and that may cause or contribute to loss of vegetation,
accelerated erosion, and/or sedimentation.
LANDFILL
A solid waste disposal facility, which is an area of land or an excavation where wastes are or
have been placed for disposal.
LAND-SPREADING OF WASTES
The application or disposal of effluents or sludges on, above, or into the surface of the ground
through spray irrigation, land spreading, or other methods.
LANDSCAPE STRIP, PERIMETER
Vegetative material associated with the perimeter landscaping required for a vehicular use area.
LANE (OR “PLACE”)
See ”Street, Lane”.
LAUNDROMAT
A facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by
the patron.
LARGE RETAIL ESTABLISHMENT
A single business establishment engaged in retail sales activities and located in a stand-alone
single tenant building larger than 20,000 square feet in size.

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LAUNDRY, DRY CLEANING, AND CARPET CLEANING FACILITIES
A facility used for cleaning fabrics, textiles, wearing apparel, or articles of any sort by immersion
and agitation, or by immersions only, in water or volatile solvents.
LIBRARY
A public facility for the use, but not sale, of literary, historical, scientific, musical, artistic, or other
reference materials.
LIQUOR STORE
An establishment licensed by the state exclusively for the retail sale of alcoholic beverages,
excluding beer and wine, in original packages for consumption off the premises where sold.
LOADING SPACE, OFF-STREET
Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery
vehicles, and not considered as part of the minimum required off-street surface parking.
LOCAL GOVERNMENT
Any county, municipality, or any combination of counties or municipalities, acting through a joint
program pursuant to the provisions of this Ordinance.
LOT
A parcel of land intended as a unit for transfer of ownership or for building development or both.
LOT OF RECORD
A lot that is part of a subdivision recorded in the office of the Clerk of Court of Common Pleas, or
a lot described by metes and bounds, the description of which has been recorded in the office of
the Clerk of Court of Common Pleas prior to March 1, 2006.
LUMEN
A unit of luminous flux. One (1) footcandle is one (1) lumen per square foot. Lumen output values
shall be the initial lumen output ratings of a lamp.
MACHINE SHOP
An establishment where metal is cut and shaped by machine tools.
MANUFACTURED/MOBILE HOME PARK
A parcel of land under single ownership or management which is operated as a business

engaged in providing a place where manufactured or mobile homes are installed for non-transient
living or sleeping purposes and where sites or lots are set aside or offered for lease or rent for
use by manufactured homes or mobile homes for living or sleeping purposes, including any land,
building, structure or facilities used by occupants of manufactured or mobile homes on such
premises. Accessory uses to mobile home parks include caretaker quarters, laundry facilities,
and facilities for parks and recreation.

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MANUFACTURING, GENERAL
An establishment engaged in the manufacture of finished products or parts, predominantly from

previously processed materials, including the processing, fabrication, assembly, treatment and
packaging of such products, and incidental storage, sales and distribution of such products, but
excluding basic industrial processing of raw materials and manufacturing activities for the sole
purpose of retail sales on the premises.
MANUFACTURING, HEAVY
An establishment engaged in the processing of raw or partially processed materials or

manufacturing uses that involve the generation of noise, odor, vibration, or dust that may
be noticeable off of the business site. Examples include, but are not limited to: manufacture or
assembly of equipment, parts or products; the processing of food and related products; lumber
mills, pulp and paper mills, and the manufacture of other wood products; and electric power
generation plants. Specifically excluded are rendering, petroleum refining, asphalt/concrete
plants, and manufacture of chemicals, fertilizers, paint, and turpentine.
MANUFACTURING, LIMITED
An establishment engaged in the small-scale, low-impact processing, fabrication, assembly and

packaging of products predominantly from previously manufactured parts and materials, and
utilizing processes that have no noise, odor, vibration, or other discernible impacts external to the
building. Limited manufacturing uses are generally less than 10,000 square feet in area, and
operate during conventional business hours.
MAXIMUM EXTENT PRACTICABLE
No feasible or practical alternative exists, as determined by the Development Services Director,

and all possible efforts to comply with the standards or regulation or minimize potential harmful or
adverse impacts have been undertaken by an applicant. Economic considerations may be taken
into account but shall not be the overriding factor determining “maximum extent practicable.”
MECHANICAL AND UTILITY EQUIPMENT
Heating, ventilation, air conditioning, and other mechanical and utility equipment, including but not
limited to, hoses, pipes, vents, fans, compressors, pumps, and heating and cooling units
associated with buildings and accessory structures.
MEDICAL AND DENTAL CLINIC
An establishment where patients are admitted for examination and treatment by one (1) or more
physicians, dentists or psychologists and where patients are not usually lodged overnight.
MEDICAL AND DENTAL LAB
Facilities and offices for performing diagnostic or therapeutic medical procedures of a nonsurgical
nature.
MEDICAL TREATMENT FACILITY
A small-scale facility which may or may not be located in a converted dwelling or residence for
the short term care and treatment of up to twenty (20) chronically or terminally ill patients on an
overnight basis. Such facilities may include sleeping rooms for care workers and members of
patient’s families.

Appendix/INDEX
MINIMUM SIGHT STOPPING DISTANCE
The minimum sight stopping distance is the sum of the distance (measured in linear feet)
traversed by a vehicle from the instant the driver sights an object necessitating a stop to the
instant the brakes are applied, plus the distance required to stop the vehicle (from the instant
brake application begins) before it reaches a stationary object in its path.
MIXED USE DEVELOPMENT
A tract of land or structure developed for two (2) or more different uses, such as, but not limited
to, residential, office, retail, institutional, public, or entertainment. Such uses are functionally
integrated and share vehicular use areas, ingress/egress, and pedestrian access.
MOBILE HOME UNIT SPACE AREA
The portion of a manufactured/mobile home park reserved for the placement of a single mobile or
manufactured home and any related accessory structures.
MODIFIED GRID STREET NETWORK
A hybrid system of higher and lower order streets including elements of both a rectangular grid
street network and a curvilinear street network where streets are not arranged in a rigid grid
pattern at right-angles to one another, but which are arranged in some relationship to one another
where most streets are connected, and dead end streets are minimized.
MOTOR VEHICLE STOP
Curbing, wheel stop, or other ground-mounted device located at the head of an off-street parking
space that is intended to prevent the front or back end of an automobile from interfering with
required vehicular use area landscaping or pedestrian access.
MUSEUM
A building having significance by reason of its architecture or former use or occupancy, or a

building serving as a repository for a collection of natural, scientific, historical, or literary
curiosities or works of art, and arranged, intended, and designed to be used by members of the
public for viewing, with or without an admission charge, and which may include as an accessory
use the limited retail sale of goods, services, or products such as prepared food to the public.
MULTI-FAMILY HOME LOT
A lot designated for occupancy by two (2) or more attached single-family dwellings, two- to four-
family dwelling, or multiple family structure in a NMU Master Plan.
NATURAL WATERWAYS
Waterways that are part of the natural topography and usually maintaining a continuous or
seasonal flow during the year typically characterized as bring irregular in cross-section with a
meandering course. Construction channels such as drainage ditches are not considered natural
waterways.
NEIGHBORHOOD RECREATION CENTER
A facility providing recreation facilities and/or meeting rooms, that is typically oriented to
addressing the recreational needs of the residents of a neighborhood or community area.

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NIGHTCLUB
Any establishment, whether public or a private club, serving a predominantly adult clientele, and
whose primary business is the sale of alcoholic beverages, including beer and wine, for
consumption on the premises in conjunction with dancing or live performances, and which sets a
minimum age requirement for entrance. An establishment is not a nightclub if the establishment:
(1) has a Class A restaurant license from the State of South Carolina; (2) maintains a full service
restaurant on its premises at all times when it is open to the public for business; and (3) provides
facilities for seating not less than forty (40) persons simultaneously at tables for the service of
meals. The establishment is also not a nightclub if the establishment allows entrance at all times
to any person regardless of age.
NONCONFORMITY
A nonconforming use, structure, lot of record, or sign.
NONCONFORMING LOT OF RECORD
A lot of record that was legally established before March 1, 2006, or any subsequent amendment
thereof, that does not comply with the lot area standards in Article 5: Density, Intensity, and
Dimensional Standards.
NONCONFORMING SIGN
A sign or sign structure, legally developed before the March 1, 2006, or any amendment thereto,
that does not comply with the standards in Section 6-900, Signage.
NONCONFORMING STRUCTURE
A structure or portion thereof, not including signs, legally developed before March 1, 2006, or any
amendment thereto, but that does not comply with the dimensional standards in Article 5:
Density, Intensity, and Dimensional Standards.
NONCONFORMING USE
The legal use of a structure or premises before March 1, 2006, or any amendment thereto, that
does not comply with the use standards of this Ordinance.
NONERODIBLE
A material (e.g., natural rock, riprap, concrete, plastic, etc.), that will not experience surface wear
due to natural forces of wind, water, ice, gravity or a combination of those forces.
NONPOINT SOURCE POLLUTION
Pollution contained in stormwater runoff from ill-defined, diffuse sources.
NURSERY, COMMERCIAL
The growing, storage, and sale of garden plants, shrubs, trees, vines, groundcovers, and other
related landscaping materials for retail sale to members of the general public. Such uses may
include greenhouses; outdoor storage of goods, materials, and equipment; irrigation systems;
and caretaker’s dwellings.

Appendix/INDEX
NURSERY, PRODUCTION
The growing, storage, and sale of garden plants, shrubs, trees, vines, groundcovers, and other
similar plants for resale, typically occurring as wholesale or retail sales directly to landscaping
professionals. Such uses may include limited incidental retail sales to members of the general
public, conducted from within a building, of less than twenty percent (20%) of the combined
wholesale and retail sales volume during any year. Such uses may include greenhouses;
outdoor storage of goods, materials, and equipment; irrigation systems; and caretaker’s
dwellings.
NURSING HOME
Any facility or any identifiable component of any facility in which the primary function is the
provision, on a continuing basis, of nursing services and health-related services for the treatment
and inpatient care of two (2) or more non-related individuals, including facilities known by varying
nomenclature or designation such as rest homes, convalescent homes, skilled care facilities,
intermediate care facilities, extended care facilities and infirmaries. This does not include the
home or residence of any individual who cares for or maintains only persons related to him or her
by blood or marriage.
OCCUPATIONAL HEALTH CLINIC OR OFFICE
An establishment where patients are admitted for examination and treatment primarily
related to employment including pre-employment and workplace-sponsored physicals,
on-the-job injury treatment and therapy, health, safety and wellness programs, employee
assistance programs, drug testing and similar services.
OFFICE, BUSINESS SERVICES
A room, or group of rooms used for conducting the affairs of a general business establishment,
other than financial services and professional services. Examples of business services office
uses include offices for retail and wholesale establishments.
OFFICE, PROFESSIONAL SERVICES
A room or group of rooms used for conducting the affairs of a business, profession, or service
industry. Examples of professional services offices include offices for lawyers, accountants,
engineers, architects, doctors, dentists, and similar professions.
OFFICE, FINANCIAL SERVICES
A room or group of rooms used for conducting the affairs of a business offering financial services,
such as banking services, investment banking, stock brokerage, investment services, credit card
services, and the like.
OFFICE, SALES
A room or group of rooms used for conducting the affairs of a business engaged in the buying
and/or selling of real or personal property, services, or other products, such as real estate sales,
artwork, artifacts, or other specialized services.

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OLD TOWN
For the purposes of this Ordinance, Old Town includes that land in Appendix 10-A, Old Town
Map. The Old Town Map shall be kept on file in the office of the Development Services Director
and is available for public inspection during normal business hours.
ONE HUNDRED YEAR FREQUENCY STORM
A storm that is capable of producing rainfall expected to be equaled or exceeded on the average
of once in one hundred (100) years. It also may be expressed as an exceedence probability with
a one percent (1%) chance of being equaled or exceeded in any given year.
OPACITY
A measurement indicating the degree of obscuration of light or visibility.
OPEN SPACE
Space suitable for passive recreation, gardens or landscaping which may include areas left in
their natural state, trails, ponds, stream banks, recreation areas, areas of excessive slopes, low-
lying areas, marshland, environmentally-sensitive areas, and required landscaping areas. Such
space must be free of automobile traffic and parking, and be readily accessible to all those for
whom it is required.
OPEN SPACE, ACTIVE
Space suitable for active forms of recreation, including athletic fields, playgrounds, pools, courts,
tracks, and similar uses that are well served by streets, parking facilities, spectator areas,
restroom facilities, and exterior lighting where appropriate.
OPEN SPACE, COMMON
An open space area owned privately or in common for use by all members of the public.
OPEN SPACE, PASSIVE
Required open space areas designated for passive recreation uses including walking trails,
pathways, gazebos, picnic areas, fountains and pools, plazas, and similar areas. Such areas
may also include undisturbed natural vegetation.
OPEN SPACE, PRIVATE
Space on each building lot that is for the private use of inhabitants.
OPEN SPACE SET-ASIDE
Portion of a proposed development required for reservation as permanent open space by Section
6-600, Open Space Standards.
OUTDOOR DISPLAY AND SALES
The placement of products or materials for sale outside the entrance of a retail or wholesale sales
establishment.

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OUTDOOR STORAGE
The keeping, in an unroofed area of any goods, junk, material, merchandise, or vehicles in the
same place for more than twenty-four (24) hours. This shall not include the display of vehicles for
sale in a new or used car sales lot. Such activities may be the principal use of the land where
located or as an accessory use to another principal use.
OUTPARCEL
A portion of land in a subdivision, shopping center, or other development that does not contain
the primary building associated with the development, and that is intended for development of
one (1) or more smaller independent buildings usually located adjacent to a development’s street
frontage. Outparcels are typically smaller than the parent parcel and may not be contiguous to
the parcel containing the primary building or buildings.
OUTPATIENT FACILITY
A facility where patients, who are not lodged overnight, are admitted for examination and
treatment by one (1) person or a group of persons practicing any form of the healing arts, whether
such persons be medical doctors, chiropractors, osteopaths, chiroodists, naturopaths,
optometrists, or any such profession, the practice of which is regulated by the State. A public
clinic is one operated by any governmental organization for the benefit of the general public.
OVERSIZED VEHICLE
Any vehicle, trailer, or vehicle/trailer combination having more than two (2) axels, or with a gross
vehicle weight of twenty thousand (20,000) pounds or greater.
PARAPET
A building façade that rises above the roof level, typically obscuring a gable or flat roof as well as
any roof-mounted equipment.
PARCEL SERVICES
Retail sales or business services establishment to facilitate the transmittal and receipt of parcels.
PARK, PUBLIC AND PRIVATE
Land used for recreation, exercise, sports, education, rehabilitation, or similar activities, or a land
area intended to enhance the enjoyment of natural features or natural beauty, specifically
excluding commercially operated amusement parks.
PARKING, DEFERRED
A portion of the required off-street parking associated with a use that is not installed at the time of
construction, but delayed or deferred until a parking demand study can be completed to
determine if the additional required parking is needed. (See Section 6-100(J)).
PARKING, OFF-SITE
An off-street parking area provided on a different parcel than the use it is intended to serve.

Appendix/INDEX
PARKING, ON STREET
A location or area within the right-of-way of a public or private street that is reserved for the
parking of vehicles. Such areas may or may not be formally designated with signage, striping, or
parking meters.
PARKING, SHARED
Off-street parking facilities shared by two (2) or more uses that are in close proximity to one
another and the parking area, and that have different operational characteristics such that use of
the parking facilities by one use will not generally overlap with the use of the parking area by the
other use(s) (see Section 6-100(J)).
PARKING, TANDEM
A parking space within a group of two (2) or more parking spaces arranged one behind the other.
PARKING BAY
The parking module consisting of one (1) or two (2) rows of parking spaces or stalls and the aisle
from which motor vehicles enter and leave the spaces.
PARKING DEMAND STUDY
An analysis of the total number of parking spaces required in order to accommodate the
maximum number of vehicles for parking purposes by a particular use or site at any given time,
including the parking requirements for all employees, occupants, clients, and visitors.
PARKING LOT
The portion of a site or development dedicated to vehicular ingress and egress, off-street parking,
parking aisles, internal travel ways, fire lanes, and other areas dedicated to vehicular use, but not
necessarily including vehicular storage areas.
PARKING LOT DRIVE AISLE
A vehicular accessway located within an off-street parking or vehicular use area which serves
individual parking stalls and driveways.
PARKING SPACE, ACCESSIBLE
A space designated for the parking or temporary storage of one (1) motor vehicle in addition to
the space necessary for the ingress and egress from the vehicle by a disabled person and any
equipment needed for that purpose.
PARKING SPACE, OFF-STREET
A space that is designated for the parking or temporary storage of one (1) motor vehicle located
outside of a dedicated street right-of-way, vehicular travel way, or parking aisle.
PARKING STRUCTURE
A structure designed to accommodate vehicular parking spaces that are fully or partially enclosed
or located on the deck surface of a building. This definition includes parking garages and deck
parking.

Appendix/INDEX
PASSENGER TERMINAL, SURFACE TRANSPORTATION
A facility that receives and discharges passengers and at which facilities and equipment required
for their operation are provided. Examples include terminals for bus, trolley, taxi, railroad, shuttle
van, or other similar vehicular services.
PATHWAYS, PEDESTRIAN
Interconnected paved walkways that provide a pedestrian passage through blocks running from
street to street, vehicular use areas, or other locations.
PEAK BUSINESS PERIOD
The portion of the day when a business receives most of its vehicular traffic from customers.
PEDESTRIAN
A person traveling on foot under their own locomotion.
PEDESTRIAN PATHWAY
See “Pathway, Pedestrian”.
PERENNIAL STREAM
A stream or other channel that holds flowing water three hundred sixty-five (365) days a year.
PERIMETER FENCES AND WALLS
For the purposes of Section 6-400(D), Perimeter Fences and Walls Abutting Public ROW, a fence
or wall of four (4) feet or more in height that is located within twenty (20) feet of the edge of a
public street right-of-way, and runs parallel to or alongside the adjacent public right-of-way for at
least two (2) linear feet.
PERSON
For the purposes of enforcing this Ordinance in accordance with Article 9: Enforcement, “person”
includes any individual, corporation, government agency, government official, business trust,
partnership, two (2) or more persons having a joint interest, or any other legal entity. Persons
subject to the remedies and penalties established in Article 9: Enforcement, for violating this
Ordinance shall include: an architect, engineer, builder, contractor, developer, agency, or any
other person who participates in, assists, directs, creates, causes, or maintains a condition that
results in or constitutes a violation of this Ordinance; or an owner, any tenant or occupant, or any
other person, who has control over, or responsibility for, the use or development of the land on
which the violation occurs.
For all other purposes, “person” means any individual, corporation, government agency, business
trust, partnership, two (2) or more persons having a joint interest, or any other legal entity.
PERSON, INTERESTED
For the purposes of Section 2-300(G), Historic Districts and Historic Properties, any owner or
lessee of land that is subject to an application for a Certificate of Appropriateness or a Certificates
of Hardship.

Appendix/INDEX
PERSON RESPONSIBLE FOR THE LAND DISTURBING ACTIVITY
The person who has or represents having financial or operational control over the land disturbing
activity; and/or the landowner or person in possession or control of the land who directly or
indirectly allowed the land disturbing activity or has benefited from it or who has failed to comply
with any provision of the act, these regulations, or any order or local ordinance adopted pursuant
to this act as imposes a duty upon him.
PERSONAL SERVICES ESTABLISHMENT
An establishment primarily engaged in the provision of frequent or recurrent needed services of a

personal nature. Examples include; laundry and dry-cleaning drop-off establishments;
photographic studios; mailing or packing service, photocopy and blueprint services; hair, tanning,
and personal care services; psychics and mediums; martial arts schools; dance or music classes;
taxidermists; and mortuaries.
PERVIOUS SURFACE
A surface that absorbs water.
PILASTER
A rectangular column with a capital and base that is attached or affixed to a wall as an
ornamental design feature.
PLANNED DEVELOPMENT
A tract of land that is planned and developed as an integral unit in accordance with a PD Plan
and flexible development standards that illustrate and address land uses, circulation, utilities,
parking, setbacks, housing densities, land coverage, landscaping and buffers, open space, and
similar features of the project (see Section 2-300 (B), Planned Developments, and Section 3-400,
Planned Development Districts).
PLANNING COMMISSION (OR “COMMISSION”)
The Planning Commission of the City of Rock Hill, as established by this Ordinance.
PLANTING STRIP
Areas intended for the placement of vegetation within the interior of vehicular use areas or along
street right-of-way edges, typically between the back of the curb and the inside edge of the
sidewalk.
PLANTING SEASON
The dormant time of the year for trees beginning with leaf drop and ending with bud break;
generally late fall to early spring.
POLICE STATION
A building or part of a building that is designated by a chief of police or sheriff to be used as a

police or sheriff’s station and at which duly authorized officers perform law enforcement functions.

Appendix/INDEX
POLLUTION
The presence in the environment of any substance, including, but not limited to, sewage,
sediment, industrial and other waste, air contaminant, or any combination thereof in such quantity
and of such characteristics and duration as may cause the environment to be contaminated,
unclean, noxious, odorous, impure or degraded, or which tends to be injurious to human health or
welfare; or which damages property, plant, animal or use of property.
PORCH
A projection from an outside wall of a dwelling that is covered by a roof and/or sidewalls (other
than the sides of the building to which the porch is attached) for the purpose of providing shade or
shelter from the elements.
PORTABLE SHIPPING CONTAINER
A large metal or wooden container, typically intended for transport by large truck, train, or ship
which is used for the temporary storage and or transport of personal property.
POST OFFICE
A facility designated or licensed by the federal government to sell U.S. Postage stamps and U.S.
Postal products and accept mail and packages for delivery.
POST-DEVELOPMENT CONDITION
500(D), Stormwater Management and Sediment Control, the conditions which exist following the
completion of the land disturbing activity in terms of topography, vegetation, land use and rate,
volume or direction of stormwater runoff.
PRELIMINARY PLAT FOR SUBDIVISION
the Planning Commission in accordance with Section 2-300(I)(5)(b), Preliminary Plat for
Subdivision.
PRE-DEVELOPMENT CONDITION
500(D), Stormwater Management and Sediment Control, the conditions which existed prior to the
initiation of the land disturbing activity in terms of topography, vegetation, land use and rate,
volume or direction of stormwater runoff.
PRE-SCHOOL/NURSERY SCHOOL
A facility for children primarily between the ages of three (3) and five (5), that provides
educational services in preparation for elementary school.
PRIMARY DRIVE AISLE
The main aisle(s) that extends from the street right-of-way, or from the driveway entrance(s)
serving a development along the front of the building it serves.

Appendix/INDEX
PRIMARY ENTRANCE
The place of ingress and egress to a building, parcel, or development used most frequently by the
public.
PRINTING AND PUBLISHING
An establishment primarily engaged in the production of books, magazines, newspapers

and other printed matter, as well as engraving and photoengraving, but excluding
photocopying, small scale offset printing and blueprinting services offered to retail and
small business customers.
PRIVATE CLUB OR LODGE
A building and related facilities owned or operated by a corporation, association, or group of

individuals established for fraternal, social, educational, recreational or cultural enrichment of its
members and not primarily for profit, and whose members meet certain prescribed qualifications
for membership and pay dues.
PRODUCE STAND
A building or structure used for the retail sales of fresh fruits, vegetables, flowers, herbs or plants
grown on the same parcel of land where the stand is located. Such use may also involve the
accessory sales of other unprocessed foodstuffs, home processed food products such as jams,
jellies, pickles, sauces or baked goods, and homemade handicrafts. No commercially packaged
handicrafts or commercially processed or packaged foodstuffs shall be sold. Such uses also
include “pick your own” establishments where customers gather their own produce from the fields
for purchase and off-site consumption.
PROFESSIONAL SOIL EROSION AND SEDIMENT CONTROL SPECIALIST
A professional soil conservationist who is certified by the American Registry of Certified

Professional in Agronomy, Crops and Soils in cooperation with the Soil Conservation Society of
America and adheres to the Certified Professional Soil Erosion and Sediment Control Specialist
Code of Ethics.
PROGRAM ADMINISTRATOR
The Development Services Director or his designee.
PSYCHIATRIC TREATMENT FACILITY
Inpatient facility which provides care for persons with psychiatric problems and which may include
outpatient follow-up care to the facility's patients.
PUBLIC FACILITIES
For the purposes of Section 2-400, Land Development Agreements, major capital improvements,
including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water,
educational, parks and recreational, and health systems and facilities.
PUBLIC IMPROVEMENTS
See “Public Facilities.”

Appendix/INDEX
PUBLIC SQUARE
Public open space that provides safe and accessible places for the public to meet or gather. It
may provide shelter or benches, and public art, and groups or individuals can spend time in public
squares without impeding neighboring streets, businesses, resources, or homes.
PUBLIC USE LOT
A lot designated for open space in a NMU Master Plan.
QUALIFIED ARBORIST
A qualified arborist shall mean any International Society of Arboriculture (ISA) Certified Arborist,
ISA Board Certified Master Arborist, or current member of the American Society of Consulting
Arborists.
RADIO AND TELEVISION BROADCASTING STUDIO
A facility for the staging and recording of audio or television productions.
RECREATIONAL TRAIL
A trail designed for and used for recreational purposes such as bicycling, trail biking, equestrian
activities, day hiking, jogging or similar fitness activities.
RECREATIONAL VEHICLE RENTAL AND SALES
The display and sales or rental of recreational vehicles, travel trailers, and other similar products.
RECTANGULAR GRID STREET NETWORK
A system of higher and lower order streets arranged at right angles to one another and evenly
spaced so as to form a grid over the landscape. Typically, higher order through streets are
located at the periphery and are transected by lower order or local streets which provide for
localized mobility within the higher order streets.
RECYCLING AND SALVAGE CENTER
A facility engaged solely in the storage, processing, resale, or reuse of recyclable and recovered
materials.
RECYCLING DROP-OFF CENTER
A small collection facility where recyclable materials are purchased or accepted from the public.
Typical uses include neighborhood recycling stations and thrift store collection trucks.
REDEVELOPMENT
Any proposed expansion, addition, reduction, or other alteration to an existing building, structure,
or other constructed feature on a lot or site. Redevelopment also includes changes in use to
existing buildings, as well as modifications to site features such as parking, signage, landscaping,
grading, stormwater management devices, or changes to outdoor storage.
REGISTER OF DEEDS
The duly designated Register of Deeds of York County, South Carolina.

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REGISTERED LANDSCAPE ARCHITECT
A person who is registered by the State of South Carolina pursuant to Chapter 28, Title 40, Code
of Laws of South Carolina, 1976, as amended.
REGISTERED PROFESSIONAL ENGINEER
REGISTERED TIER B LAND SURVEYOR
RELIGIOUS INSTITUTION
A structure or place in which worship, ceremonies, rituals, and education are held, together with
its accessory buildings and uses (including buildings used for educational and recreational
activities), operated, maintained, and controlled under the direction of a religious group.
Religious institutions include churches, mosques, synagogues, and temples. Accessory uses
may include school facilities, parking, caretaker's housing, pastor's housing, and group living
facilities such as convents.
REPAIR ESTABLISHMENT
An establishment primarily engaged in the provision of repair services for TV’s, bicycles, clocks,
watches, shoes, guns, canvas products, appliances, and office equipment; including tailor;
locksmith; and upholsterer.
REPAIR OF SCIENTIFIC OR PROFESSIONAL INSTRUMENTS
An establishment primarily engaged in the provision of repair services for scientific or professional
instruments for businesses.
RESEARCH AND DEVELOPMENT
A business that engages in research, or research and development, of innovative ideas in

technology-intensive fields. Examples include research and development of computer software,
information systems, communication systems, transportation, geographic information systems,
multi-media and video technology. Development and construction of prototypes may be
associated with this use.
RESIDENTIAL DENSITY
The number of residential dwelling units per acre of land within a development or other area.
RESOURCE RECOVERY PLANT
A facility that recovers materials or energy from solid waste, excluding those materials or solid
waste under the control of the Nuclear Regulatory Commission.
RESPONSIBLE PERSONNEL
Any foreman, superintendent, or similar individual who is the on-site person in charge of land
disturbing activities.

Appendix/INDEX
RESTAURANT, INDOOR SEATING ONLY
An establishment where meals or prepared food, including beverages and confections, are
served to customers for consumption on the premises, with indoor seating only.
RESTAURANT, WITH INDOOR AND OUTDOOR SEATING ONLY
An establishment where meals or prepared food, including beverages and confections, are
served to customers for consumption on the premises. Such a facility may include indoor and
outdoor seating, but no drive-through service.
RESTAURANT, WITH INDOOR AND OUTDOOR SEATING, DRIVE-IN, OR WALK-UP SERVICE
An establishment where provision is made on the premises for the selling, dispensing, or serving
of food, refreshments, or beverages to persons seated inside, outside, in automobiles, and/or in
other than a completely enclosed building on the premises.
RETAIL/OFFICE BUILDING LOT
A lot designated for occupancy by pedestrian-oriented retail and/or office uses in a NMU Master
Plan.
RETAIL SALES ESTABLISHMENT
Commercial enterprises that provide goods and/or services directly to the consumer, where such
goods are available for immediate purchase and removal from the premises by the purchaser.
Examples include stores selling, leasing, or renting consumer, home, and business goods such
as art, art supplies, bicycles, cameras, clothing, dry goods, electronic equipment, fabric, furniture,
garden supplies, gifts, groceries and food sales, hardware, home improvements, household
products, jewelry, pets, pet food, pharmaceuticals, plants, printed material, stationary, and videos.
RETENTION STRUCTURE
A permanent structure whose primary purpose is to permanently store a given volume of

stormwater runoff. Release of the given volume is by infiltration and/or evaporation.
RIGHT-OF-WAY (ROW)
An area owned or maintained by the City, County, the State of South Carolina, federal
government, a public utility, a railroad, or a private concern for the placement of such utilities
and/or facilities for the passage of vehicles or pedestrians, including roads, streets, pedestrian
walkways, utilities, or railroads.
ROADWAY DRAINAGE SYSTEM
Measures, structures, facilities, or practices designed to manage and convey stormwater from
streets and roads to roadside ditches, drainage easements and other segments of the stormwater
management system.
ROOF LINE
The highest point of a flat roof and mansard roof and the lowest point of a pitched roof excluding
any cupolas, chimneys or other minor projection.

Appendix/INDEX
ROOMING HOUSE
Any building or portion thereof for providing lodging, but not meals, to not more than five (5)
guests where rent is paid to the owner or proprietor.
RUNOFF
That portion of the precipitation which enters the stormwater management system.
SALVAGE AND JUNK YARD
An establishment where junk, waste, discarded, salvaged, or similar materials such as old metals,
wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, and the like,
are brought, sold, exchanged, baled, packed, disassembled, stored, or handled, including used
lumber and building material yards, housewrecking yards, heavy equipment wrecking yards, and
yards or places for the storage, sale, or handling of salvaged house wrecking or structural steel
materials. This definition shall not include automobile wrecking or automobile wrecking yards and
establishments for the sale, purchase, or storage of second-hand cars, clothing, salvaged
machinery, furniture, radios, stoves, refrigerators, or similar household goods and appliances, all
of which shall be usable, nor shall it apply to the processing of used, discarded, or salvaged
materials incident to manufacturing activity on the same site where such processing occurs.
SATELLITE DISH ANTENNAS
A round or parabolic antenna and its supporting structure for the purposes of sending and/or
receiving radio or electromagnetic signals. Satellite dishes with a diameter up to thirty-nine (39)
inches are considered as “small” satellite antenna dishes, while any such use with a diameter of
more than thirty-nine (39) inches is considered as a “large” satellite dish antenna.
SCHOOL
A public, private, or parochial school offering general, technical, or alternative instruction at the
pre-school, elementary, middle, and/or secondary school levels which operates in buildings or on
premises of any tract size leased or owned by the educational institution for administrative
purposes, classrooms, vocational training (including that of an industrial nature for instructional
purposes only), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities,
dormitories, and other facilities which further the education mission of the institution.
SEASONAL SALES
The temporary sale of goods or products associated with the season or a cultural event, such as
the sale of Christmas trees, pumpkins, or seasonal produce. Such sales typically take place in
locations not devoted to such sales for the remainder of the year.
SEDIMENT
Solid particulate matter, both mineral and organic, that has been or is being transported by water,
air, ice, or gravity from its site of origin.
SEDIMENT CONTROL OFFICER
The individual designated to inspect sites regulated by the stormwater management and
sediment control standards in this Ordinance.

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SEDIMENTATION
The process by which sediment resulting from accelerated erosion has been or is being
transported away from a land-disturbing activity or into a lake or natural watercourse.
SELF-SERVICE STORAGE
A building divided into sections for use for storage of items, either temporary or long-term, and
not to be used for any other purpose (such as small offices, garages, etc.). Also called “mini-
warehouse.”
SENIOR CENTER
A facility typically for use by citizens of sixty-two (62) years of age, or older, dedicated to the
provision of services, activities, or facilitation of interaction between older citizens and the
community at large. Such centers may be publicly or privately-owned, but are not operated for a
profit.
SEVERE PRUNING
The pruning, cutting, or otherwise damaging of the natural form of a tree or shrub, whether
existing or planted, such that a significant or noticeable portion of the crown system is removed
(i.e. twenty-five percent (25%) of the crown removed from a tree, or the continued
cutting/trimming of trees previously pruned illegally, or pruning of trees that must grow naturally to
meet the landscaping requirements), and/or if more than one-third (1/3) of the overall
circumference of a tree is exposed by pruning cuts.
SHARED PARKING
See “Parking, Shared.”
SHOEBOX-STYLE LIGHTING FIXTURE
An exterior lighting device in the shape of a box that is typically mounted on a pole and
constructed to direct illumination to a constrained area directly beneath the lighting fixture.
SHRUB
A woody plant, smaller than a tree, consisting of several small stems emerging from the ground,
or small branches near the ground. Shrubs may be deciduous or evergreen.
SIGHT DISTANCE TRIANGLE
The triangular area computed based on the visibility at an intersection, within which no sign may
interfere with visibility (Assuming eye level at three-and-one-half (3½) feet to six (6) feet from a
distance of fifteen (15) feet from the edge of the pavement).
SIGHT TRIANGLE
The triangular area formed by a diagonal line connecting two (2) points located on intersecting
right-of-way lines (or a right-of-way line and the curb or a driveway).
SIGN
Any object, device, display, structure, or part thereof, situated outdoors that is used to advertise,
identify, display, direct or attract attention to an object, person, business, product, service, event

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or location by any means, including words, letters, figures, designs, symbols, fixtures, colors,
illumination, or projected images. Signs do not include:
The flag or emblem of any nations, organization of nations, state, city, religious, fraternal (i.e.
clubs or associations), civic or other public or semipublic body;
Merchandise and pictures or models of products or services incorporated in a window display;
Works of art which in no way identify a product;
Scoreboards located on athletic fields; or
Buildings constructed to generally resemble a product.
SIGN, ABANDONED
A sign that has either not been maintained, or a sign that refers to a business or other entity that
no longer exists.
SIGN, BUSINESS
A sign that directs attention to the type of products or services offered or made by a business,
profession, or industry located upon the premises where the sign is displayed.
SIGN, CAMPAIGN OR ELECTION
A sign that advertises a candidate for political office, or issue to be voted on, on a definite election
day.
SIGN, CANOPY (OR AWNING SIGN)
A sign attached to or painted on a canopy or awning.
SIGN, DIRECTIONAL
A sign used to guide vehicular and/or pedestrian traffic by using such words as "entrance," "exit,"
"parking," "one-way," or similar directional instructions, but not including any advertising message
except logos.
SIGN, DIRECTORY
A ground or building sign that lists tenants or occupants of a building or development project, with
unit numbers, arrows, or other directional information.
SIGN, ELECTRONIC
A sign that uses electronic or digital display to form a fixed sign message for the life of the
business use or tenancy.
SIGN, FLASHING OR ANIMATED
Any sign, which, by method or manner of illumination, flashes on or off, winks, or blinks with
varying light intensity, shows motion or animation, or creates the illusion of motion.

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SIGN, FREESTANDING
A self-supporting sign resting on, or supported by means of poles, standards, or any other type of
base on the ground.
SIGN, INTERSTATE
A sign located on land in a Business district, or Planned Development district, situated within five
hundred (500) feet of the center line of the Interstate right-of-way.
SIGN, INTERSTATE INFLUENCE
A sign located on land in a Business district, or Planned Development district, situated more than
five hundred (500) but less than one thousand five hundred (1,500) feet of the centerline of the
Interstate right-of-way.
SIGN, MONUMENT
A ground-mounted sign in which the area between the bottom edge of the sign and the ground is
substantially filled with a solid architectural material, except that a sign of wood construction shall
be considered a monument sign if the bottom edge of the sign is no more than thirty (30) inches
above ground level. Solid architectural materials include wood, brick, stone, masonry, or hard-
coat stucco but do not include aluminum or similar materials. Substantially filled shall be defined
as at least two-thirds (2/3) of the area between the edges of the sign and the ground.
SIGN, OFF-PREMISE ADVERTISING
A sign or advertising display which attracts attention to, advertises or directs persons to a
product, service or business activity located on other than the premises where the sign is erected.
SIGN, ON-PREMISE ADVERTISING
A sign that describes or advertises the business (s) located on the same site as the sign.
SIGN, PROJECTING
Any sign other than a wall sign that is attached to and projects from the wall or face of a structure
more than eighteen (18) inches, including an arcade/marquee sign.
SIGN, TEMPORARY
A sign or advertising display designed to be displayed for a short period of time (thirty
consecutive days, maximum; 6 months between occurrences). Included in this category are
banners and retailers' signs temporarily displayed for the purpose of informing the public of a sale
or "special" offer.
SIGN, WALL
A sign mounted parallel to or painted on a building facade or other vertical building surface that
does not project more than eighteen (18) inches from the wall surface.
SIGN FACE
The advertising display surface area of a sign that includes the copy or message. In the case of
freestanding signs, consists of the entire surface area of the sign on which copy could be placed.
Where a sign has two (2) display faces back to back, the area of only one (1) face shall be

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considered the sign face area. Where a sign has more than one (1) display face, all areas that
can be viewed simultaneously shall be considered the sign face area. In the case of a sign whose
message is fabricated together with the background that borders or frames that message, sign
face area shall be the total area of the entire background. In the case of a sign whose message is
applied to a background that provides no border or frame, sign face area shall be the area of the
smallest rectangle which can encompass all words, letters, figures, emblems, and other elements
of the sign message.
SIGN HEIGHT
The vertical distance as measured at the highest point of the sign to the elevation of the principal
grade of the road or street to which the sign is oriented.
SIGN LIGHTING, BACK LIT
Illumination of a sign face where the letters are raised beyond the sign's background and lighting
sources that illuminate the background. The lighting sources are covered so that they are not
visible and only the sign’s background is illuminated.
SIGN LIGHTING, ELECTRONIC
Sign illumination where the sign uses Light Emitting Diodes (LED), Liquid Crystal Display (LCD),
other analog or digital electronic display medium, or individual bulbs to spell out or form the
message.
SIGN LIGHTING, GENERAL
Illumination of sign face where sign face is neither lit internally nor subject to an external source
of light specifically directed at it. The sign depends on the general illumination of the area (e.g.,
parking lot, traffic, or pedestrian areas) for its illumination.
SIGN LIGHTING, INTERNAL
Illumination of a sign where the sign face is transparent or translucent and the sign contains
internal lights.
SIGN LIGHTING, SPOT LIT
Illumination of a sign where the sign’s face is lit by spotlights specifically directed at it. The light
may not be placed so that it interferes with the safe operation of motor vehicles.
SIGN LOT
A lot that by its development qualifies for a freestanding on-premise sign or freestanding off-
premise sign.
SIGN PERMIT
Services Director in accordance with Section 2-300(M), Sign Permit.
SIGN SUPPORT STRUCTURE
For freestanding signs, the poles or bracing to which the sign is attached or mounted.

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SIGNIFICANT VEGETATION
Existing healthy self-supporting vegetation on a parcel or site which is composed of canopy trees
with a diameter of ten (10) inches or greater and understory trees with a trunk caliper of four (4)
inches or greater. Significant vegetation does not include vines, non-woody vegetation,
damaged, diseased, or nuisance trees.
SITE ACCESS STUDY
A document used by transportation planners and traffic engineers to determine and describe how
traffic generated by either new land uses or replacement land uses will be served by an existing
or future road network. Site access studies are performed to:
Ascertain the ability of the existing or planned street system to absorb traffic generated by the
new development,
Determine any degradation of traffic flow and level of service,
Address any problems created through analysis of transportation alternatives, and
Ensure that adequate access for traffic generated is provided to each site.
SITE LANDSCAPING
Required vegetative material consisting of trees and shrubs that are placed on a development
site to soften built edges and provide transitions. (See Section 6-300(D)).
SITE PLAN
A permit reviewed and approved, approved with conditions, or denied by either the Planning
Commission in accordance with Section 2-300(H), Site Plan.
SITE SPECIFIC DEVELOPMENT PLAN
A set of documents comprising a complete development plan and application submitted to the
City by a landowner describing the types and density or intensity of uses for specific lands for a
Planned Development Master Plan (and associated documents), Site Plan (major or minor),
Variance, Special Exception, Conditional Use, Preliminary Plat for Subdivision, or other similar
approval.
SOIL AND WATER CONSERVATION DISTRICT OR CONVERSATION DISTRICT
A governmental subdivision of the State of South Carolina created pursuant to Chapter 9, Title
48, Code of Laws of South Carolina, 1976, as amended; and Soil and Water Conservation District
Board means the governing body of the Soil and Water Conservation District.
SORORITY HOUSE
See “Fraternity/Sorority House”.
SPECIAL EXCEPTION PERMIT
A permit approved, approved with conditions, or denied by the Zoning Board of Adjustment in
accordance with Section 2-300(D), Special Exception Permit.

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SPECIALTY EATING ESTABLISHMENT
Establishments selling specialty food items that normally do not constitute a full meal, including
but not limited to: ice cream parlors, dessert cafes, snack shops, juice and coffee houses, and
bakeries.
STABILIZATION
The installation of vegetative or structural measures to establish a soil cover to reduce soil
erosion by stormwater runoff, wind, ice, and gravity.
STACKING/STANDING AREA
A portion of the vehicular use area on a site that is dedicated to the temporary storage or
“standing” of vehicles engaged in drive-through use of the site or development. Parking or
storage of vehicles is not permitted within the stacking/standing area.
STADIUM
See “Arena”.
STATE
The state of South Carolina.
STOP WORK ORDER
An order directing the person responsible for a land disturbing activity or other act to cease and
desist all or any portion of the activity which violates the provisions of this Ordinance.
STORMWATER
The direct runoff response of a watershed to rainfall including the surface and subsurface runoff
and any associated material that enters a ditch, stream, or storm sewer during a rainfall event.
STORMWATER MANAGEMENT
(a) Quantitative control, a system of vegetative or structural measures, or both, that control
the increased volume and rate of stormwater runoff caused by manmade changes to the land;
(b) Qualitative control, a system of vegetative, structural, or other measures that reduce or
eliminate pollutants that might otherwise be carried by stormwater runoff.
STORMWATER MANAGEMENT DEVICE
The system of inlets, conduits, channels, ditches, and appurtenances that serve to collect and
convey stormwater through and from a given drainage area.
STORMWATER MANAGEMENT AND SEDIMENT CONTROL PLAN
A set of drawings, other documents, and supporting calculations submitted by a person as a

prerequisite to obtaining a permit to undertake a land disturbing activity, which contains all of the
information and specifications required by an implementing agency. The plan indicates
necessary land management and treatment measures, including drawings and supporting
calculations, BMPs, maintenance guidelines, and a timetable for installation. Implementation of

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the plan will effectively minimize soil erosion and sedimentation and provide for the successful
management of excess stormwater.
STORMWATER MANAGEMENT SYSTEM
The surface and subsurface system for the removal of water from the land, including both the
natural elements of streams, marshes, swales, and ponds, whether of an intermittent or
continuous nature, and the manmade element which includes culverts, retention facilities and the
stormwater sewer system.
STORMWATER RUNOFF
Direct response of a watershed to precipitation and includes the surface and subsurface runoff
that enters a ditch, stream, storm sewer or other concentrated flow during and following the
precipitation.
STORMWATER UTILITY
An administrative organization that has been created for the purposes of planning, designing,
constructing, and maintaining stormwater management, sediment control and flood control
programs and projects.
STREET (OR ROAD)
A public or private right-of-way that is designed, dedicated, or used principally for vehicular traffic,
and provides access for abutting properties.
STREET, ALLEY
A minor way, typically twenty (20) feet in width or less, intended to be used primarily for vehicular
service access to the rear or side of properties otherwise abutting on a public street.
STREET, ARTERIAL
A street designed primarily for the movement of heavy vehicular traffic volumes. Existing and
future locations of arterial streets are usually identified in the major street plan and the Rock
Hill/Fort Mill Area Transportation Study (RFATS).
STREET, COLLECTOR COMMERCIAL
See “Street, Major Collector”.
STREET, COLLECTOR RESIDENTIAL
See “Street, Minor Collector”.
STREET, COURT
See “Street, Lane.”
STREET, CUL-DE-SAC
A street having one (1) end open to traffic and the other terminated by vehicular turn around.

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STREET, HALF
See “Half Streets.”
STREET, LANE
A short street, cul-de-sac, or court. The primary purpose of a Lane is to conduct traffic to and
from dwelling units to other streets. This classification will be utilized on streets serving a
maximum of two hundred-fifty (250) vehicles per day or eleven (11) to twenty-five (25) dwelling
units.
STREET, LOCAL
A road designed primarily for access directly to individual lots or developments. A local street
serves vehicles traveling over relatively short distances compared with collectors and other higher
systems. A local street comprises facilities not on higher systems.
STREET, LOOP
A street that originates and terminates at intersections with the same street.
STREET, MAJOR COLLECTOR
A street that is used to conduct traffic between major arterial streets and/or activity centers. It is
the principal traffic artery within commercial and large residential areas of one hundred seventy-
five (175) units or more, and carries relatively high volumes of traffic.
STREET, MINOR COLLECTOR
A residential collector that serves within a development or neighborhood. This classification is

generally limited to streets serving eight hundred (800) to one thousand five hundred (1,500)
vehicles a day, or one hundred-one (101) to one hundred seventy-five (175) lots.
STREET, ONE WAY
A street that provides for travel in a single direction regardless of the number of travel lanes.
STREET, PLACE
A short street, cul-de-sac, or court. The primary purpose of a Place is to conduct traffic to and
from dwelling units to other streets. A Place is a street with no through traffic, limited on-street
parking, and usually serves a maximum of one hundred (100) vehicles per day or ten (10)
dwelling units.
STREET, PRIVATE
A way of access to two (2) or more parcels of land that is open to vehicular ingress and egress,
owned and maintained by affected property owners, but that is not considered to be a driveway.
STREET, PUBLIC
Any street or road owned or maintained by a unit of government.

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STREET, SPLIT-LEVEL
A street which is constructed so as to have two (2) traffic ways, each at a different level within the
same right-of-way, but with a maximum slope between the two (2) rights-of-way of no more than
three-to-one (3:1).
STREET, SUB-COLLECTOR
A short street with branching places or lanes. Its primary purpose is to conduct traffic to and from
dwelling units to other streets. The sub-collector classification is utilized on streets serving two
hundred-fifty (250) to eight hundred (800) vehicles a day or twenty-six (26) to one hundred (100)
dwelling units.
STREET FRONTAGE
The distance for which a lot line adjoins a public or private street from one (1) lot line intersecting
the street to the furthest lot line intersecting the same street.
STREET JOG
An offset of two (2) or more streets at their intersection where the centerlines of at least two (2) of
the street segments are not in alignment with one another on opposing sides of the intersection.
STREET NETWORK
See “City Street Network”.
STREET TREE (OR “PUBLIC TREE”)
A canopy tree planted or existing within or along either side of a street right-of-way.
STREETSCAPE
An area along a street that may be required by this Ordinance to provide special landscape
plantings or other treatment. (See Section 6-300(G)).
STRIP OR RIBBON COMEMRCIAL DEVELOPMENT
The location of high amounts of commercial, retail, and office development in a linear pattern
along both sides of arterial or collector roadways which is generally dependent on direct access
to the roadway via multiple curb cuts and access points.
STRUCTURAL REPLACEMENT COST AT THE TIME OF DESTRUCTION
For the purposes of Article 8: Nonconformities, it means the cost of replacing the structure the
day prior to its destruction, based on a market appraisal performed by a certified appraiser, at the
landowner’s expense.
STRUCTURE
Anything that is developed with a fixed location on the ground, or attached to something having a
fixed location on the ground. Structures include, but are not limited to walls, buildings, fences,
signs, and swimming pools.

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STRUCTURE USED FOR WATER-RELATED ACTIVITY
Any accessory structure used to facilitate greater interaction between land and water uses,
including docks, piers, weirs, wharves, boathouses, and bulkheads.
SUBDIVIDER
A person who undertakes the subdivision of land as defined in this Ordinance.
SUBDIVISION
The division of a tract of land into two (2) or more lots, building sites, or other divisions for the
purpose, whether immediate or future, for sale or building development. This includes all
divisions of land involving the dedication of a new street or a change in an existing or proposed
street or streets, and includes a resubdivision and, where appropriate to the context, relates to
the process of subdividing or to the land or area subdivided.
SUB-STATION FOR FIRE AND POLICE
Any building or part of a building that is designated by the chief of police or sheriff to be used as a
police or sheriff’s station or substation and at which duly authorized officers perform law
enforcement functions.
SUSPENSION ORDER
500(D), Stormwater Management and Sediment Control, an unappealable order to immediately
cease all construction work and land disturbance other than that necessary to bring the project
site into conformance with the Stormwater Management and Sediment Control Plan
specifications and until conformance is achieved.
SWALE
A structural measure with a lining of grass, riprap or other materials which can function as a
detention structure and convey stormwater runoff without causing erosion.
TATTOO PARLOR
An establishment whose principle business activity, either in terms of operation or as held out to
the public, is the practice of one or more of the following: (1) placing of designs, letters, figures,
symbols, or other marks upon or under the skin of any person, using ink or other substances that
result in the permanent coloration of the skin by means of the use of needles or other instruments
designed to contact or puncture the skin.
TANDEM PARKING
See Parking, Tandem.
TANGENT DISTANCE
The linear distance between shifts in the location or travel direction of a street.
TAXICAB SERVICE
A service that offers transportation in passenger automobiles and vans to persons, for
compensation.

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TEMPORARY USE PERMIT
Services Director in accordance with Section 2-300(N), Temporary Use Permit.
TEN-YEAR FREQUENCY STORM
of once in ten (10) years. It may also be expressed as an exceedence probability with a ten
percent (10%) chance of being equaled or exceeded in any given year.
THEATRE
A building, or part thereof, which contains an assembly hall with or without stage which may be
equipped with curtains and permanent stage scenery or mechanical equipment adaptable to the
showing of plays, operas, motion pictures, performances, spectacles, and similar forms of
entertainment.
THROUGH LOTS
A lot with street frontage on both the front and rear lot lines.
TIRE DISPOSAL OR RECYCLING
A facility that disposes of or recycles waste tires or waste tire residuals.
TOOL REPAIR
An establishment that repairs tools for compensation.
TOURIST HOME
An establishment in a private dwelling that supplies temporary lodging accommodations to not

more than five (5) overnight guests for a fee.
TRADITIONAL NEIGHBORHOOD DEVELOPMENT
A form of development that encourages mixed use, compact development with integrated land
uses centered around public spaces, and a strong emphasis on pedestrian orientation.
TRAFFIC CALMING DEVICE
A natural or constructed feature located within or adjacent to a street that is designed to reduce
motorist speed and/or vehicle volumes, while at the same time increasing safety for pedestrians
and non-motorized vehicles.
TRAFFIC IMPACT ANALYSIS
A report or study of expected traffic patterns conducted in accordance with the standards in
Section 6-1000, Traffic Impact Standards.
TRAFFIC SIGNAL
Devices placed or erected by a public agency for the purpose of regulating, warning, or guiding
vehicular and pedestrian traffic within street intersections or along road segments.

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TRAIL, MULTI-PURPOSE
An access way, whether paved or unpaved, that is intended to serve multiple modes of travel
including walking, jogging, bicycling, or other forms of non-motorized transport.
TRANSPORTATION PLAN
The official plan and/or map maintained by the City that displays the location and cross-section of
existing, proposed, and intended major public streets, including, but not limited to arterial and
collector streets.
TRAVEL LANES
Portions of a public or private street intended solely for the movement of vehicles, not parking or
standing.
TRUCK OR FREIGHT TERMINAL
A use where buses, trucks, and cargo are stored, where loading and unloading is carried on
regularly, and where minor maintenance of these types of vehicles is performed.
TRUCK OR TRACTOR RENTAL AND SALES
An establishment where new or used trucks are displayed for sale, lease, or rental.
TRUCK STOP
A facility providing services to the trucking industry, including but not limited to the dispensing of
fuel, repair shops, automated washes, restaurants, restrooms, scales, and overnight parking
facilities.
TREE, CANOPY
See “Canopy Tree.”
TREE, DECIDIOUS
A tree that drops its foliage annually before becoming dormant.
TREE, EVERGREEN
A tree with foliage that is not dropped, or that remains green throughout the year.
TREE, HERITAGE
See “Heritage Tree.”
TREE, SHADE
See “Canopy Tree.”
TREE, STREET
See “Street Tree.”

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TREE, ORNAMENTAL
See “Understory Tree.”
TREE CANOPY
As used in Section 6-200(C), Retention of Existing Tree Canopy, the canopy or tree cover
composed of crowns of healthy, self-supporting, significant vegetation that exists on a parcel or
lot.
TREE PROTECTION ZONE
The portion of a development site located under a tree canopy area to be retained during the
development process (see Section 6-200(C)).
TURNING RADIUS
The arc of a public or private street where it intersects with another street.
TWENTY-FIVE YEAR FREQUENCY STORM
of once in twenty-five (25) years. It also may be expressed as an exceedence probability with a
four percent (4%) chance of being equaled or exceeded in any given year.
TWO-YEAR FREQUENCY STORM
of once in two (2) years. It may also be expressed as an exceedence probability with a fifty
percent (50%) chance of being equaled or exceeded in any given year.
TYPE A DEVELOPMENT
As used in Section 2-300(J), Stormwater Management and Sediment Control Plan, single
residential lots and Minor Subdivisions.
TYPE B DEVELOPMENT
As used in Section 2-300(J), Stormwater Management and Sediment Control Plan, commercial,
industrial and Major Subdivisions.
UNDERSTORY TREE
A tree that has an expected height at maturity of no greater than thirty (30) feet.
UNIFORMITY RATIO
A measurement of the relative difference in illumination values, at ground level, between differing
exterior lighting sources on a single parcel of land.
UNIVERSITY
See “College or University”.

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URBAN FORESTER
The City Forester of the City of Rock Hill. In lieu of the City Forester, an arborist with the
following credentials: a member of the American Society of Consulting Arborists or South
Carolina Registered Forester or International Society of Arboriculture (Southern Chapter)
Certified Arborist
UTILITY, MAJOR
Infrastructure services providing regional or community-wide service that normally entail the
construction of new buildings or structures such as water towers, waste treatment plants, potable
water treatment plants, solid waste facilities, and electrical substations.
UTILITY, MINOR
Infrastructure services that need to be located in or near the neighborhood or Use Type where
the service is provided. Examples of Minor Utilities include water and sewage pump stations,
storm water retention and detention facilities, telephone exchanges, and surface transportation
stops such as bus stops and park-and-ride facilities.
UTILITY STRIP
A strip of ground typically located between the sidewalk and the back of the curb or edge of the
pavement of a public or private street. The utility strip is usually intended for the placement of
underground or above ground utilities, and may also be referred to as the planting strip for the
placement of street trees.
VARIANCE PERMIT
A permit reviewed and approved, approved with conditions, or denied by the ZBA in accordance
with Section 2-300(E), Variance Permit.
VEGETATION
All plant growth, including trees, shrubs, mosses, and grasses.
VEGETATION, NATIVE
Any indigenous tree, shrub, ground cover or other plant adapted to the soil, climatic, and
hydrographic conditions occurring on the site.
VEHICLE/PROPERTY MAINTENANCE FACILITY
Accessory buildings or other structures used for storage of materials or equipment necessary
for the day-to-day operations of a principal use. Such facilities may also include a limited area
for actual maintenance activities such as cleaning, repair, or assembly.
VEHICULAR USE AREA
The portion of a site or development dedicated to vehicular ingress and egress, off-street parking,
parking aisles, internal travel ways, fire lanes, and other areas dedicated to vehicular use, but not
necessarily including vehicular storage areas.

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VEHICULAR USE AREA LANDSCAPING, INTERIOR
Vegetative material, structures (walls or fences), berms, and associated ground cover located
within the interior of a parking lot, or other vehicular use area for the purposes of providing visual
relief and heat abatement (see Section 6-300(E)).
VEHICULAR USE AREA LANDSCAPING, PERIMETER
Vegetative material, structures (walls or fences), berms, and associated ground cover located
around the perimeter of a parking lot, or other vehicular use area when such areas are adjacent
to a street right-of-way or land in a residential district or residentially developed lands, used
property for the purposes of screening the vehicular use area from off-site views (see Section 6-
300(E)).
VESTED RIGHT
The right to undertake and complete the development of land under the terms and conditions of a
site specific development plan as provided for in this Ordinance and the South Carolina Code of
Laws.
VETERINARY CLINIC
A facility for the care and treatment of animals, including household pets and larger domesticated
animals. Such facilities may be entirely indoors or may have both indoor and outdoor
components.
VIDEO POKER DEVICE
An electronic device located as an accessory use to another principal use used for entertainment
purposes only.
VOCATIONAL OR TRADE SCHOOL
A specialized instructional school operating for or not for profit that provides on-site training of
business, commercial, and/or trade skills such as accounting, data processing, and computer
repair.
WAIVER
As used in Section 2-300(J), Stormwater Management and Sediment Control Plan, the
relinquishment from sediment and stormwater management requirements by the appropriate plan
approval authority for a specific land disturbing activity on a case-by case review basis.
WALL, PARAPET
A low protective or decorative wall or railing along the edge of a raised structure such as a roof or
balcony.
WASTE COMPOSTING
Uses where solid wastes are composted using composting technology. Accessory uses may
include offices and repackaging and transshipment of by-products.

Appendix/INDEX
WATER QUALITY
Those characteristics of stormwater runoff from a land disturbing activity that relate to the
physical, chemical, biological, or radiological integrity of water.
WATER QUANTITY
Those characteristics of stormwater runoff that relate to the rate and volume of the stormwater
runoff to downstream area resulting from land disturbing activities.
WATERSHED
The drainage area contributing stormwater runoff to a single point.
WHOLESALE AND WAREHOUSING, GENERAL
An establishment that is primarily engaged in storage, or the sale and distribution of goods to
other locations for ultimate use or sale, as well as activities involving high turnover movement or
large scale storage of products or equipment. Uses include truck terminals or bus servicing
facilities, mail distribution centers, frozen food lockers, motor freight terminals, moving and
storage firms, and large scale distribution, warehousing and storage facilities. Such uses may
include distributor showrooms occupying no more than 20% of the building area designed to
display products for selection by customers. While retail sales are a permitted accessory use,
sales are predominantly to businesses, contractors and other wholesale customers.
WHOLESALE AND WAREHOUSING, LIMITED
An establishment that is engaged in the small scale storage, distribution and sale of goods to
other businesses for resale or use, excluding major distribution centers, motor freight terminals,
moving and storage firms and similar high volume or high turnover facilities. Limited wholesale
and warehouse uses are generally less than 50,000 square feet in area and generally operate for
less than 16 hours per day. Such uses may include distributor showrooms designed to display
products for selection by customers. While retail sales are a permitted accessory use, sales are
predominantly to businesses, contractors and other wholesale customers.
WINDOWS, GANGED
Two (2) or more windows located in close proximity to one another so as to give the appearance
of a single larger window surface area.
WIRELESS COMMUNICATION ANTENNA, COLLOCATION
Collocation is a situation in which two (2) or more different wireless communication service
providers place wireless communication antenna(s) and/or other wireless communications
equipment on a common antenna-supporting structure (building, tower, or other stationary
device).
WIRELESS COMMUNICATION ANTENNA, PLACEMENT ON EXISTING STRUCTURE
The placement of a wireless telecommunication antenna on an existing business use or multi-

family building with eight (8) or more dwelling units.

Appendix/INDEX
WIRELESS COMMUNICATION TOWER AND/OR ANTENNA, FREESTANDING
A structure erected on the ground and used primarily for the support of antennas for wireless
telephone, and similar communication purposes and utilized by commercial, governmental, or
other public or quasi-public users. The term includes microwave towers, common-carrier towers,
cellular telephone towers, alternative tower structures, and the like. The term does not include
private home use of satellite dishes and television antennas, or amateur radio operators as
licensed by the FCC.
WORKSHOP BUILDING LOT
A lot designated for occupancy by light industrial and service uses in a NMU Master Plan.
YOUTH CLUB FACILITY
A boys' club, a girls' club, or any other non-profit facility that is not a school but which provides
entertainment, recreation, crafts, tutorials or other quality of life enhancements for minors.
ZONING BOARD OF APPEALS (OR “ZBA”)
The Zoning Board of Appeals of the City of Rock Hill, as established by this Ordinance.
ZONING ORDINANCE
This Ordinance, the officially adopted Zoning Ordinance of the City of Rock Hill, South Carolina.
ZONING PERMIT
Services Director in accordance with Section 2-300(O), Zoning Permit.

Appendix/INDEX
10-300 APPENDIX 10-A: OLD TOWN MAP
The Official Old Town Map is located in the offices of the Development Services Department, and
is available for pubic inspection during normal business hours.

Appendix/INDEX
Accessory Dwelling Unit

Accessory Use Standards, 4-74
Accessory Uses and Structures, 4-68
Table of Permitted Accessory Uses, 4-70
Administrative Adjustments, 2-49
Adult Entertainment
Use Specific Standards, 4-50
Agriculture
Defined, 4-19
Agriculture Support and Services
Defined, 4-19
Animal Care
Defined, 4-19
AO, Airport Overlay District, 3-57
Assisted Living Facility
Automated Car Wash
Automobile Painting/Body Shop
Automobile Parts Sales and Installation
Automobile Rental and Sales
Automobile Repair and Servicing
Automotive Wrecker Service
Bar
Bed and Breakfast
Board of Historic Review, 2-10
Boat and Marine Rental and Sales
Body Piercing Establishment
Campground
Car Wash or Auto Detailing
Carpet Cleaning Facilities
CC, Community Commercial District, 3-8
Certificate of Conformity, 2-93
City Council, 2-3
City Staff, 2-14
Cocktail Lounge

Appendix/INDEX

Community Services
Defined, 4-15
Conditional Use Permit, 2-40
Conference and Training Centers
Defined, 4-20
Conference Centers
Procedures, 2-72
Specific Standards, 7-18
Construction-Related Activities for New Construction
Temporary Use Standard, 4-92
Convenience Store
Convention Center
Crematory
Day Care
Defined, 4-15
Dormitory
Drug Store
Dry Cleaning
DWTN, Downtown District, 3-7
Eating Establishments
Defined, 4-20
Educational Facilities
Defined, 4-15
Use Specific Standards-Colleges and Universities, 4-33
Use Specific Standards-Elementary, Junior, High Schools, 4-37
Electric Motor Repair
Energy Recovery Plant
Enforcement, 9-1
Equine Stable
Extractive Industry
Defined, 4-25
Fences and Walls
Financial Institution

Appendix/INDEX
Flea Market
Food Sales
Gasoline Filling Station
GC, General Commercial District, 3-8
Government Facilities
Defined, 4-16
Grading Permit, 2-85
Group Home
Group Living
Defined, 4-14
Halfway House
Hazardous Waste Collection Site
Health Care Facilities
Defined, 4-16
Heavy Equipment Sales, Rental or Repair
Historic Districts
Procedures, 2-53
YH, Historic Overlay District, 3-53
Home Occupations
Hot Tubs
Hotel
Household Living
Defined, 4-14
IB, Industry Business District, 3-20
IG, Industry General District, 3-20
IH, Industry Heavy District, 3-20
Incinerator
Industrial Services
Defined, 4-25
Institutions
Defined, 4-17
Interpretation by Development Services Director, 2-94
Kennel, Indoor

Appendix/INDEX
Kennel, Outdoor
Land Development Agreements, 2-97
Land Development Permit, 2-86
Land Spreading of Wastes
Landfill
Large Retail Development
Laundry
LC, Limited Commercial District, 3-8
Liquor Store
Machine Shop
Manufacturing and Production
Defined, 4-26
MF-15, Multi-Family-15 District, 3-4
MHP, Mobile Home Park District, 3-4
Model Sales Home
Motel
MUC, Mixed Use Corridor District, 3-8
NC, Neighborhood Commercial District, 3-7
NC-O, Neighborhood Conservation Overlay District, 3-55
Neighborhood Meetings, 2-18
Neighborhood Recreation Center
Nightclub
NMU, Neighborhood Mixed Use District, 3-17
NO, Neighborhood Office District, 3-6
Nonconformities, 8-1
Lots of Record, 8-4
Signs, 8-4
Structures, 8-3
Uses, 8-2
Nursing Home
Offices
Defined, 4-20
OI, Office and Institutional District, 3-6
Ornamental Ponds and Pools

Appendix/INDEX
Outdoor Display and Sales

Outdoor Storage
Overlay Districts, 3-49
SCO, Special Corridor Overlay District, 3-57
YR-1, Road Corridor Overlay District, 3-49
Parking, Commercial
Defined, 4-21
Parks and Open Areas
Defined, 4-17
Parks and Open Space
PD-C, Planned Development - Commercial District, 3-22
Additional Standards, 3-29
PD-MEC, Planned Development – Major Employment Center District, 3-22
PD-PED, Planned Development – Planned Educational District, 3-22
PD-R, Planned Development - Residential District, 3-22
PD-TND, Planned Development – Traditional Neighborhood District, 3-22
Personal Service Establishments
Pharmacy
Planned Development District
PD-C, Commercial District, 3-22
PD-MEC, Major Employment Center District, 3-22
PD-PED, Planned Educational District, 3-23
PD-R, Residential District, 3-22
PD-TND, Traditional Neighborhood Development District, 3-22
Procedures for Development Approval, 2-34
Planning Commission, 2-4
Pre-Application Conference, 2-18
Produce Stand
Psychiatric Treatment Facility
Public Hearings, 2-22
Procedures, 2-27
Public Notification, 2-22
Public Safety
Defined, 4-18
Real Estate Sales Office

Appendix/INDEX
Recreation/Entertainment, Indoor
Defined, 4-22
Recreation/Entertainment, Outdoor
Defined, 4-22
Recreational Vehicle/Travel Trailer Rental and Sales
Recycling
Recycling and Salvage Center
Recycling Drop-off Center
Recycling Drop-Off Stations
Religious Institution
Retail Sales and Services
Defined, 4-22
RH, Rural Holding District, 3-2
Rooming House
Sale/Display of Goods Other Than Agricultural Products
Salvage and Junkyard
Satellite Dish Antenna
Seasonal Sales
Security or Caretaker Quarters
Self-Service Storage
Defined, 4-27
SF-2, Single-Family Residential-2 District, 3-3
Sidewalk and Parking Lot Sales
Sign Permit, 2-88
Site Plan, 2-59
Major Site Plan, 2-60
Minor Site Plan, 2-59
Special Events

Appendix/INDEX

Special Exception Permit, 2-42
Staff Report, 2-21
Storage or Parking of Major Recreational Equipment
Stormwater Management and Sediment Control Plan, 2-73
Subdivision
Conservation Subdivision, 2-72
Major Subdivision, 2-65
Minor Subdivision, 2-64
Procedures, 2-62
Standards, 7-1
Swimming Pools
Tattoo Parlor
Temporary Storage in a Portable Shipping Container
Temporary Use Permit, 2-91
Temporary Uses and Structures, 4-86
Table of Temporary Uses and Structures, 4-86
Tire Disposal
Tool Repair
Tourist Home
Transportation
Defined, 4-18
Truck or Tractor Rental or Sales
Truck Stop
Use of Motor Vehicle or Trailer for Sales, Service, Storage or Other Business
Use Regulations, 4-1
Table of Allowed Uses, 4-3
Utilities
Defined, 4-18
Variance Permit, 2-45
Vehicle Sales and Services
Defined, 4-24
Vested Rights, 1-10
Veterinary Clinic
Video Poker or Similar Devices

Appendix/INDEX
Visitor Accommodations
Defined, 4-24
Warehouse and Freight Movement
Defined, 4-27
Waste Composting
Waste-Related Services
Defined, 4-28
Wholesale Sales
Defined, 4-28
Zone District Map, 1-4
Zoning Board of Appeals, 2-7
Zoning Districts
CC, Community Commercial District, 3-8
DWTN, Downtown District, 3-7
GC, General Commercial District, 3-8
IB, Industry Business District, 3-20
IG, Industry General District, 3-20
IH, Industry Heavy District, 3-20
LC, Limited Commercial District, 3-8
MHP, Mobile Home Park District, 3-4
MUC, Mixed Use Corridor District, 3-8
NC, Neighborhood Commercial District, 3-7
NMU, Neighborhood Mixed Use District, 3-17
NO, Neighborhood Office District, 3-6
OI, Office and Institutional District, 3-6
PD-C, Planned Development - Commercial District, 3-22
PD-MEC, Planned Development – Major Employment Center District, 3-22
PD-PED, Planned Development – Planned Educational District, 3-22
PD-R, Planned Development - Residential District, 3-22
PD-TND, Planned Development – Traditional Neighborhood District, 3-22
RH, Rural Holding District, 3-2
Zoning Permit, 2-92

ZONING
ORDINANCE
Article 2: Administration
2-100 ADMINISTRATIVE AND DECISION-MAKING BODIES ................................................................ 1

(A) SUMMARY OF ADMINISTRATION ARTICLE AND REVIEW ROLES.................................................. 1
(B) CITY COUNCIL ....................................................................................................................... 3
(C) PLANNING COMMISSION ........................................................................................................ 4
(D) ZONING BOARD OF APPEALS (ZBA) ....................................................................................... 7
(E) BOARD OF HISTORIC REVIEW (BHR).................................................................................... 10
(F) CITY STAFF......................................................................................................................... 13
2-200 COMMON PROCEDURES............................................................................................................ 16
(A) AUTHORITY TO FILE APPLICATIONS ...................................................................................... 16
(B) APPLICATION CONTENTS, SUBMISSION SCHEDULE, AND FEES ............................................... 16
(C) PRE-APPLICATION CONFERENCE ......................................................................................... 17
(D) NEIGHBORHOOD MEETINGS ................................................................................................. 17
(E) APPLICATION SUBMISSION ................................................................................................... 19
(F) DETERMINATION OF COMPLETENESS .................................................................................... 19
(G) PREPARATION OF STAFF REPORT ........................................................................................ 20
(H) SCHEDULING PUBLIC HEARINGS .......................................................................................... 20
(I) PUBLIC NOTIFICATION ......................................................................................................... 21
(J) DEFERRAL OF APPLICATION ................................................................................................. 24
(K) CHANGES TO APPLICATION AFTER NOTICE OF PUBLIC HEARING ............................................ 25
(L) REQUEST FOR WITHDRAWAL OF APPLICATION ...................................................................... 25
(M) REVIEW BY DEVELOPMENT SERVICES DIRECTOR .................................................................. 26
(N) PUBLIC HEARING PROCEDURES ........................................................................................... 26
(O) CONDITIONS OF APPROVAL .................................................................................................. 27
(P) LAPSE OF APPROVAL ........................................................................................................... 27
(Q) WAIVER OF TIME LIMIT ........................................................................................................ 28
(R) SIMULTANEOUS PROCESSING OF APPLICATIONS ................................................................... 29
(S) NOTIFICATION OF DECISION ................................................................................................. 29
DEVELOPMENT APPROVAL.................................................................................................................... 30
(A) AMENDMENTS TO TEXT AND OFFICIAL ZONE DISTRICT MAP................................................... 30
(B) PLANNED DEVELOPMENT DISTRICT ...................................................................................... 33
(C) CONDITIONAL USE PERMIT .................................................................................................. 39
(D) SPECIAL EXCEPTION PERMIT ............................................................................................... 41
(E) VARIANCE PERMIT............................................................................................................... 44
(F) ADMINISTRATIVE ADJUSTMENTS ........................................................................................... 47
(G) HISTORIC DISTRICTS AND HISTORIC PROPERTIES ................................................................. 51
(H) SITE PLAN .......................................................................................................................... 57
(I) SUBDIVISION ....................................................................................................................... 60
(J) STORMWATER MANAGEMENT AND SEDIMENT CONTROL PLAN ............................................... 70
(K) GRADING PERMIT ................................................................................................................ 82
(L) LAND DEVELOPMENT PERMIT............................................................................................... 83
(M) SIGN PERMIT ...................................................................................................................... 84
(N) TEMPORARY USE PERMIT .................................................................................................... 88
(O) ZONING PERMIT .................................................................................................................. 89
(P) CERTIFICATE OF CONFORMITY ............................................................................................. 90
(Q) INTERPRETATIONS BY DEVELOPMENT SERVICES DIRECTOR .................................................. 90
(R) APPEALS TO ZBA FROM DECISIONS AND INTERPRETATIONS OF DEVELOPMENT SERVICES
DIRECTOR .......................................................................................................................... 92
Rock Hill, South Carolina l Zoning Ordinance May 14, 2007 Article 2: TOC
2-400 LAND DEVELOPMENT AGREEMENTS ...................................................................................... 93
(B) AUTHORITY ......................................................................................................................... 93
(C) PROCEDURE ....................................................................................................................... 94
(D) LAND DEVELOPMENT AGREEMENT STANDARDS .................................................................... 94
(E) EXECUTION OF LAND DEVELOPMENT AGREEMENT ................................................................ 97
(F) LEGISLATIVE ACT ................................................................................................................ 97
(G) RECORDATION .................................................................................................................... 97
(H) LOCAL LAWS AND POLICIES GOVERNING A LAND DEVELOPMENT AGREEMENT........................ 97
(I) PERIODIC REVIEW ............................................................................................................... 98
(J) BURDEN/BENEFITS .............................................................................................................. 98
(K) AMENDMENT OR CANCELLATION OF LAND DEVELOPMENT AGREEMENT BY MUTUAL CONSENT 98
(L) EFFECT OF CONTRARY STATE OR FEDERAL LAWS ................................................................ 98
(M) TECHNICAL CODES .............................................................................................................. 99
(N) ENABLING LEGISLATION ....................................................................................................... 99
2-500 APPENDIX 2-A CERTIFICATE OF ACCURACY ....................................................................... 100
2-600 APPENDIX 2-B CERTIFICATE OF OWNERSHIP AND DEDICATION ..................................... 100
CONSTRUCTION OF STREET, UTILITIES AND OTHER REQUIRED IMPROVEMENTS.................... 100
THE STORMWATER MANAGEMENT AND SEDIMENT CONTROL ACT OF 1991 ............................. 101
2-900 APPENDIX 2-E CERTIFICATE OF APPROVAL OF RECORDING........................................... 101

Subsection 2-100(A): Summary of Administration Article
2-100 ADMINISTRATIVE AND DECISION-MAKING BODIES
2-100(A) Summary of Administration Article
(1) Administration Article and Review Bodies and City Staff

The following bodies and City staff have powers and responsibilities in
administering and reviewing applications for permit approval under this Ordinance.
(a) City Council

City Council.
(b) Planning Commission

(c) Zoning Board of Appeals (ZBA)

Zoning Board of Appeals (ZBA).
(d) Board of Historic Review (BHR)

Board of Historic Review (BHR).
(e) City Staff

City staff, including the:
1. Development Services Director;

2. Technical Review Committee (TRC);
3. City Attorney; and
4. Hearing Officers.
(2) Summary Table of Permits and Review Bodies and City Staff
Table 2-100(A): Permit Review Procedures, summarizes the review bodies and
City staff that have specific permit review roles under this Ordinance, and their
responsibilities.

ZONING BOARD OF
DEVELOPMENT
DIRECTOR
(ZBA) (BHR)
Zone District Map Amendment (Rezone) and
S R D
Text Amendment (Section 2-300(A))
Planned Development (Section 2-300(B)) S R D
Conditional Use Permit (Section 2-300(C)) D A
Special Exception Permit (Section 2-300(D)) S D
Variance Permit (Section 2-300(E)) S D
Administrative Adjustments
D A
(Section 2-300(F))
Subsection Article 2:2-100(A): Summary of Administration Article

ZONING BOARD OF
DEVELOPMENT
DIRECTOR
(ZBA) (BHR)
Historic Districts
Historic District and Historic Property

Designation (Section 2-300(A) and S R R D
3-500(B)(2))
R D
(Section 2-300(G)(1))
(Section 2-300(G)(1)) (Minor Alterations, D A
Repair, and Maintenance Only)
Certificate of Hardship
R D
(Section 2-300(G)(2))
Appeals of Interpretations and Decisions
to BHR of Development Services
A
Director on Historic Regulations
(Section 2-300(G)(6))
Site Plan
Minor Site Plan (Section 2-300(H)(4)) D A
Major Site Plan (Section 2-300(H)(5)) R D
Subdivision
Minor Subdivision (Section 2-300(I)(4)) D A

R D
(Section 2-300(I)(5)(b))
Detailed Construction Plans
D A
(Section 2-300(I)(5)(c))
Intermediate Field Survey Plat
D A
(Section 2-300(I)(5)(d))
Final Plat for Subdivision
D
(Section 2-300(I)(5)(f))
R D
(Section 2-300(I)(5)(g))
Other Permits
Stormwater Management and Sediment

D A
Control Plan (Section 2-300(J))
Grading Permit (Section 2-300(K)) D A
Land Development Permit (Section 2-300(L)) D A
Sign Permit (Section 2-300(M)) D A
Temporary Use Permit (Section 2-300(N)) D A
Zoning Permit (Section 2-300(O)) D A
Certificate of Conformity (Section 2-300(P)) D A

Subsection Article 2:2-100(B): City Council

ZONING BOARD OF
DEVELOPMENT
DIRECTOR
(ZBA) (BHR)
Interpretations by Development Services
D
Director (Section 2-300(Q))
Appeals to ZBA from Interpretations and
Decisions of Development Services Director A
(Section 2-300(R))
S R D
(Section 2-400)
2-100(B) City Council

In order to exercise the authority granted the City Council by state law, the City
Council shall have the following powers and duties under this Ordinance:

To initiate, review, and decide applications to amend the text of this
Ordinance (Text amendment) (Section 2-300(A)).

To initiate, review, and decide applications to amend the Official Zone
District Map (Section 2-300(A)).
(c) Planned Development District (PD) Classification

To review and decide applications for PD Master Plans and amendments
to the Official Zone District Map to a Planned Development (PD) District
(Section 2-300(B)).

Planning Commission on amendments to the Official Zone District Map to
a Historic Overlay (YH) district (Section 2-300(A) and Section 3-500(B)(2)).

Planning Commission on Historic Properties designations (Section 2-
300(A) and Section 3-500(B)(2)).

Districts
To approve design guidelines for Historic Properties and Historic Overlay
(YH) Districts recommended by the BHR and Planning Commission.

To review requests, and where appropriate, enter into Land Development
Agreements (Section 2-400).
(h) Schedule of Fees

To approve by resolution a schedule of fees governing applications for
permits and other permit approvals reviewed under this Ordinance.

(i) Other
To take any other action not delegated to the Planning Commission,
Zoning Board of Appeals (ZBA), Board of Historic Review (BHR), the
Development Services Director, the City Attorney, the Public Services
Director, or other heads of City departments as the City Council may deem
desirable and necessary to implement the provisions of this Ordinance.
2-100(C) Planning Commission

The Planning Commission is hereby established in accordance with the S.C. Code
of Laws, and shall have the following powers and duties under this Ordinance:

approve or deny applications to amend the text of this Ordinance (Text
amendment) (Section 2-300(A)).

approve or deny applications to amend the Official Zone District Map
(Rezone) (Section 2-300(A)).
(c) Planned Development

To review and make recommendations to the City Council on PD Master
Plans and amendments to the Official Zone District Map to a Planned
Development (PD) District (Section 2-300(B)).

recommendations from the BHR to approve or deny amendments to the
Official Zone District Map to a Historic Overlay (YH) district (Section 2-
300(A) and Section 3-500(B)(2)).

recommendations from the BHR on Historic Properties designations
(Section 2-300(A) and Section 3-500(B)(2)).

Districts
To review and make recommendations to the City Council on design
guidelines for Historic Properties and Historic Overlay (YH) Districts that
are recommended by the BHR.

To review and make recommendations to the City Council on requests to
enter into Land Development Agreements (Section 2-400).
(h) Major Site Plans

To review and decide Major Site Plans (Section 2-300(H)(5)).
(i) Preliminary Plats for Subdivision

To review and decide Preliminary Plats for Subdivision (Section 2-
300(I)(5)(b)).

(j) Conservation Subdivisions

To review and decide Conservation Subdivisions (Section 2-300(I)(5)(g)).
(k) Appeals
To hear and decide appeals on decisions of the Development Services
Director on:
1. Minor Subdivisions (Section 2-300(I)(4)).

2. Detailed Construction Plans (Section 2-300(I)(5)(c)).
3. Intermediate Field Survey Plats (Section 2-300(I)(5)(d)).
(l) Other Powers and Duties
To carry out any other powers and duties delegated to it by City Council,
consistent with state law.
(2) Membership
(a) Number
The Planning Commission shall consist of seven (7) members.
(b) Qualifications
(c) Appointment
(d) Other Office

a member of the ZBA.
(e) Terms of Office

1. Terms of office shall be four (4) years.
or replaced.
(f) Resignation
(g) Removal

Vacancies occurring other than through expiration of a term shall be filled
for remainder of the unexpired term by the Mayor, with the concurrence of
the City Council.
(i) Compensation
The members of the Planning Commission shall serve without
compensation.


(a) General
The Planning Commission shall elect its Chair and Vice-Chair from among
the appointed members, and create and fill such other of its offices as it
may determine.
(b) Term of Office

(c) General Duties

1. The Chair shall preside at all meetings of the Planning
Commission, decide all points of order on procedure, administer
oaths, compel the attendance of witnesses, and take such action
as shall be necessary to preserve the order and integrity of all
proceedings before the Planning Commission.
Vice-Chair, the most senior Planning Commission member shall
act as Chair and shall have the powers of the Chair.
(4) Staff
Planning Commission and provide it with administrative support.
(5) Meetings
The Planning Commission shall hold at least one (1) regular meeting in each
month unless the Chair determines that there are no agenda items for
consideration.
(a) Official Record

1. The Planning Commission shall adopt rules for the transaction of
business and shall keep a record of its recommendations,
transactions, findings, and determinations.
2. Such record shall be a public record.

Publication of notice of all Planning Commission meetings shall be
provided.
(c) Open to the Public

(6) Disbursement of Funds

Funds appropriated by the City Council in connection with the work of the Planning
Commission shall be disbursed as are other appropriations.

(a) Quorum
Four (4) members of the Planning Commission shall constitute a quorum.
No official business of the Planning Commission shall be conducted
without a quorum present.

(b) Decisions
decisions of the Planning Commission.
(8) Assistance to Commission

All public officials shall, upon request, furnish to the Planning Commission, within a
reasonable time, such available information as it may require for its work.
(9) Right of Entry

The Planning Commission and its members, officers and staff, in the performance
of their functions, may enter upon any land and make examinations and surveys,
and place and maintain necessary monuments and marks thereon.
(10) Adopt Bylaws

The Planning Commission may, by a majority vote of the entire membership, draft
and approve such additional by-laws governing its procedure as it deems
2-100(D) Zoning Board of Appeals (ZBA)

The Zoning Board of Appeals (ZBA) is hereby established, and shall have the
following powers and duties under this Ordinance:
(a) Special Exception Permits

To review and decide applications for Special Exception Permits
specifically authorized under this Ordinance (Section 2-300(D)).
(b) Variance Permits

To review and decide applications for Variance Permits (Section 2-
300(E)).
(c) Appeals
1. Conditional Use Permits (Section 2-300(R)).

2. Administrative Adjustments (Section 2-300(R)).
3. Minor Site Plans (Section 2-300(R)).
4. Stormwater Management and Sediment Control Plans (Section 2-
300(R)).
5. Grading Permits (Section 2-300(R)).
6. Land Development Permits (Section 2-300(R)).
7. Temporary Use Permits (Section 2-300(R)).
8. Sign Permits (Section 2-300(R)).
9. Zoning Permits (Section 2-300(R)).
10. Certificates of Conformity (Section 2-300(R)).
11. Interpretations by the Development Services Director (Section 2-
300(R)).

12. Appeals taken by any aggrieved party by any other decision of the
Development Services Director related to this Ordinance (Section
2-300(R)).
(2) Membership
(a) Number
The ZBA shall consist of seven (7) members.
(b) Qualifications
(c) Appointment
(d) Other Office

a member of the Planning Commission.
(e) Terms of Office

1. Terms of office shall be three (3) years. They shall be staggered.

or replaced.
(f) Resignation
(g) Removal

(i) Compensation
The members of the ZBA shall serve without compensation.

(a) General
The ZBA shall elect a Chair and Vice-Chair.
(b) Term of Office

(c) General Duties

1. The Chair shall preside at all meetings of the ZBA, decide all
attendance of witnesses, certify to the circuit court of York County

that a party or person is in contempt, and take such action as shall

be necessary to preserve the order and integrity of all proceedings
before the ZBA.
Vice-Chair, the most senior ZBA member shall act as Chair and
shall have the powers of the Chair.
(4) Staff
The Development Services Director shall serve as the professional staff to
the ZBA, and provide it with administrative support.

(a) General
Meetings of the ZBA shall be held at the call of the Chair and at such other
times as the ZBA determines necessary. The ZBA shall not be required to

Publication of notice of all ZBA meetings shall be provided.
(c) Open to Public


(a) Quorum
Four (4) members of the ZBA shall constitute a quorum. No official
business of the ZBA shall be conducted without a quorum present.
(b) Decisions
decisions of the ZBA.
(7) Rules
(a) General
1. The ZBA shall keep minutes of its proceedings, summarizing
testimony at the hearing, the vote of each member upon each
question or, if the member is absent or abstaining from a vote,
indicating such fact, and all other official action.
2. The minutes of the ZBA’s proceedings shall be considered the

record of its proceedings, and shall be considered a public record.
The record shall be filed immediately and kept in the office of the
Development Services Director, and shall be available to the
public for inspection during normal business hours.

The ZBA may, by a majority vote of the entire membership, draft and
approve such additional by-laws governing its procedure as it deems

2-100(E) Board of Historic Review (BHR)

In addition to the powers and duties authorized by other laws, the BHR shall have
the following powers and duties under this Ordinance:
(a) Certificates of Appropriateness

1. To review and decide applications for Certificates of
Appropriateness for Historic Properties and lands within Historic
Overlay (YH) districts (Sections 2-300(G)(1)).
2. To delegate review of certain types of applications for Certificates

of Appropriateness to the Development Services Director (Section
2-300(G)(1)).
(b) Certificate of Hardship

To review and decide applications for Certificates of Hardship (Section 2-
300(G)(2)).
(c) Appeals
1. Decisions of the Development Services Director on Certificates of

Appropriateness (Section 2-300(G)(1)).
2. Interpretations of the Development Services Director on matters

related to the Historic Property and Historic Overlay (YH) districts
regulations (Section 2-300(G)(6)).
(d) Historic Overlay (YH) Districts

establishment, expansion, reduction or elimination of Historic Overlay (YH)
districts (Section 2-300(A) and Section 3-500(B)(2)).
(e) Historic Properties

establishment and designation of Historic Properties (Section 2-300(A)
and Section 3-500(B)(2)).

Districts
To establish and amend design guidelines for each Historic Overlay (YH)
district and the Historic Properties, subject to Planning Commission review
and recommendation and approval of City Council.
(g) Inventory of City’s Historic Resources

To maintain an inventory of buildings, structures, objects, sites and
districts that comprise the historic resources of the City.
(h) National Register Nomination

To conduct the first review and evaluation of all proposed National
Register nominations within the City in accordance with procedures
established by the South Carolina Department of Archives and History,
and nominate buildings, structures, sites, objects or districts to the
National Register of Historic Places in accordance with the standards set

forth by the United States Department of the Interior and the South
Carolina Department of Archives and History.
(i) Advice and Assistance to Land Owners

To provide advice and assistance to landowners and their agents
concerning:
1. The physical and financial aspects of preservation, renovation,

rehabilitation, and re-use of Historic Properties or buildings and
structures located in the Historic Overlay (YH) Districts.
2. The procedures for inclusion of lands on the National Register of
Historic Places.
listed on the National Register of Historic Places.
designated as Historic Properties or located within Historic Overlay
(YH) Districts.
(j) Advise City Council
To provide advice to the City Council concerning:
1. The funding necessary to administer the Historic Properties and

Historic Overlay (YH) district regulations.
2. The retention of experts to assist in the administration and
implementation of the Historic Properties and Historic Overlay
(YH) district regulations.
3. Amendments to the Historic Properties and Historic Overlay (YH)
district regulations, and additional ordinances and regulations
needed to preserve and protect the City’s historic resources.
(k) Propose to City Council Specific Relief From Unsafe Building
Abatement Code
To propose to the City Council the adoption of ordinances and regulations
that grant relief to Historic Properties and lands in the Historic Overlay
(YH) Districts from the Unsafe Building Abatement Code.
(l) Offer Expertise

To offer and provide expertise to any person or entity on any matter
affecting historically or architecturally significant properties in the City.
(m) Confer Recognition

To confer recognition on persons who further the goals of the Historic
Properties and Historic Overlay (YH) district regulations.
(n) Education
To engage in educational activities and publish information to further the
understanding of historic preservation issues in the City.
(2) Membership
(a) Number
The BHR shall consist of seven (7) members.
(b) Qualifications
1. All members of the BHR shall be residents of the City.

2. No member shall be a member of the City Council or a City

employee.
(c) Appointment
(d) Other Office

No member shall hold another municipal office in the City.
(e) Terms of Office

The term of office of the members shall be three (3) years and shall be
staggered.
(f) Resignation
Any member who resigns from the BHR prior to the end of the member’s
term shall do so in writing to the Chair.
(g) Removal
Any member of the BHR may be removed for cause by the City Council, or
for more than four (4) unexcused absences over the course of one (1)
calendar year, after written charges have been filed, and the member is
provided an opportunity to respond at a meeting.

(i) Compensation
Members of the BHR of shall serve without compensation.

(a) General
The BHR shall elect a Chair and Vice-Chair.
(b) Term of Office

(c) General Duties

1. The Chair shall preside at all meetings of the BHR, decide all
attendance of witnesses by subpoena, and take such action as
shall be necessary to preserve the order and integrity of all
proceedings before the BHR.
Vice Chair, the most senior member of the BHR shall act as Chair
and shall have the powers of the Chair.
(4) Staff
BHR, and provide it with administrative support.


(a) General
Meetings of the BHR shall be held at the call of the Chair and at such
other times as the BHR may determine. The BHR shall not be required to
(b) Open to Public

(c) Publication of Notice

Publication of notice of all BHR meetings shall be provided.

(a) Quorum
Four (4) members of the BHR shall constitute a quorum. No official
business of the BHR shall be conducted without a quorum present.
(b) Decisions
decisions of the BHR.
(7) Rules and Records

(a) General
1. The BHR shall keep minutes of its proceedings, showing its
examinations, the vote of each member upon each question or, if
absent or failing to vote, indicating that fact, and all other official
action.
2. The minutes of the BHR shall be considered the record of its
proceedings, and shall be considered a public record. The record
shall be filed immediately in the office of the Development
Services Director, which is considered the office of the BHR, and
shall be available to the public for inspection during normal
business hours.

The BHR may, by a majority vote of the entire membership, adopt such
additional rules (including by-laws) governing its procedure as it may deem
2-100(F) City Staff
(1) Development Services Director

(a) General
The Development Services Director is designated by the City Manager as
the zoning administrator responsible for administering and enforcing the
(b) Powers and Duties

In addition to the authority and duties that may be conferred on the
Development Services Director by general law and the City Code of
Ordinances, the Development Services Director shall have the following
powers and duties under this Ordinance:

1. To review and decide applications for Conditional Use Permits

(Section 2-300(C)).
2. To review and decide applications for Administrative Adjustments
(Section 2-300(F)).
3. To review and decide Minor Site Plans (Section 2-300(H)(4)).
4. To review and decide applications for:
a. Minor Subdivisions (Section 2-300(I)(4)).
b. Detailed Construction Plans (Section 2-300(I)(5)(c).
c. Intermediate Field Survey Plats (Section 2-300(I)(5)(d)).
d. Final Plats for Subdivision (Section 2-300(I)(5)(f)).
5. To review and decide applications for Stormwater Management
and Sediment Control Plans (Section 2-300(J)).
6. To review and decide applications for Grading Permits (Section 2-
300(K)).
7. To review and decide applications for Land Development Permits
(Section 2-300(L)).
8. To review and decide applications for Sign Permits (Section 2-
300(M)).
9. To review and decide applications for Temporary Use Permits
(Section 2-300(N)).
10. To review and decide applications for Zoning Permits (Section 2-
300(O)).
11. To review and decide applications for Certificates of Conformity
(Section 2-300(P)).
12. To render interpretations of this Ordinance (Section 2-300(Q)).
13. To establish application content requirements and a submission
schedule for review of applications and appeals (Section 2-
200(B)(1) and (2)).
14. To compile and maintain an Administrative Manual (Section 2-
200(B)(4)).
15. To review and make recommendations through a Staff Report to
the City Council, Planning Commission, ZBA, and BHR on
applications for permits and permit approvals, where appropriate,
and take any other action necessary to administer the provisions
of this Ordinance.
16. To maintain the Official Zone District Map and other such records
and official materials that relate to the adoption, amendment,
enforcement, or administration of this Ordinance.
17. To enforce this Ordinance in accordance with Article 9:
Enforcement.
18. To provide expertise and technical assistance to the City Council,
Planning Commission, ZBA, and BHR, upon request.

(2) Technical Review Committee (TRC)

(a) Establishment
There hereby is established a Technical Review Committee (TRC).
(b) Membership
The TRC shall consist of one (1) representative from each department of
the City involved with development review.

The TRC shall assist the Development Services Director in the
administration of the Ordinance by meeting with applicants on
development proposals and providing assistance in the review of
development applications, as determined necessary by the Development
Services Director.
(d) Chair
The Development Services Director shall coordinate the TRC activities,
serve as its Chair, and serve as liaison to the departments involved for
clarification of issues or conflicts.
(3) City Attorney

In addition to the authority and duties that may be conferred upon the City Attorney
by general law and the Code of Ordinances, the City Attorney shall counsel the
City Council, Planning Commission, ZBA, BHR, Development Services Director,
and City departments in regard to the legal issues that may arise in the review of
applications for permits and permit approval and the general implementation of this
Ordinance.
(4) Hearing Officer

(a) Creation and Appointment
The City Council may confirm one (1) or more Hearing Officer(s) to hear
and consider such matters as may be required to be conducted by a
hearing officer under any provision of this Ordinance or state law, or as
may be determined to be appropriate. The Hearing Officer(s) shall serve
at the pleasure of the City Council for such period as is determined by the
City Council. The Hearing Officer(s) shall be compensated at a rate to be
determined by the City Council. Whoever shall accept an appointment as
a Hearing Officer shall, for a period of one (1) year from the date of
termination as holder of such position, not act as agent or attorney in any
proceeding, application, or any other matter before any decision-making or
advisory body of the City in any matter involving land that was the subject
of a proceeding which was pending during the time served as a Hearing
Officer.
(b) Minimum Qualifications

A Hearing Officer may have the following minimum qualifications:
1. Demonstrated knowledge of administrative, zoning, and land use

law and practice.
2. Hold no appointive or elective public office or position in the City
during the period of appointment.

A Hearing Officer shall have the following duties:

Subsection Article 2:2-200(A): Authority to File Applications
1. To issue subpoenas to compel the attendance of witnesses and

production of documents, and to administer oaths to witnesses
appearing at hearings.
2. To perform other such tasks as the City Council may assign.
2-200 COMMON PROCEDURES
The general provisions of this section shall apply to all applications for development permit
requests under this Ordinance, unless otherwise stated.
2-200(A) Authority to File Applications
(1) General
Applications submitted under this Ordinance in accordance with Section 2-200 (E),
Application Submission, shall be submitted by the land owner, or any other person
having a recognized interest in the land upon which the development is proposed,
or their authorized agent.
(2) Applicant Not the Owner

If the applicant is not the owner of the land, or is a contract purchaser of the land, a
letter signed by the owner consenting to the submission of the application shall be
submitted.
(3) Applicant Is Not the Sole Owner

If the applicant is not the sole owner of the land, a letter signed by the other
owners or an entity representing the owners consenting to or joining in the
application shall be submitted.
2-200(B) Application Contents, Submission Schedule, and Fees
(1) Establishment of Application Contents

requirements for application contents and forms. The Development Services
Director may amend and update these requirements, as determined necessary.
(2) Establishment of Submission Schedule

submission and review schedule (including time frames for review) for applications
for permit approvals. The Development Services Director may amend and update
these requirements, as determined necessary.
(3) Fees
The City Council shall establish application fees and may amend and update those
fees, as determined necessary.
(4) Administrative Manual

The Development Services Director shall compile in an Administrative Manual, the
requirements for application contents and forms (Section 2-200(B)(1)), the
submission and review schedule (including time frames for review) (Section 2-
200(B)(2)), and fees (Section 2-200(B)(3)). The Administrative Manual shall be
maintained in the office of the Development Services Director and shall be made
available to the public.

Subsection Article 2:2-200(C): Pre-Application Conference
2-200(C) Pre-Application Conference
(1) Purpose
The purpose of a pre-application conference is to familiarize the applicant and the
City staff with the applicable provisions of this Ordinance required to permit
proposed development, to inform the applicant about the preparation of the
application, and the application process.
(2) Pre-Application Conference Mandatory

A pre-application conference is mandatory prior to submission of any application
for an amendment to the Official Zoning District Map (Rezoning) (Section 2-
300(A)), Planned Development (Section 2-300(B)), Major Site Plan (Section 2-
300(H)(5), Preliminary Plats for Subdivision that involve fifty (50) or more
residential lots (Section 2-300(I)(5)(b)), and Land Development Agreements
(Section 2-400).
(3) Pre-Application Conference Optional

A pre-application conference is optional prior to submission of any other
application for permit approval.
(4) Effect
The pre-application conference is intended as a means of facilitating review of
permit applications. Discussions held in accordance with this section are not
binding on the City. Processing times for review of development applications do
not begin until a formal, complete application is submitted and determined to be
complete.
2-200(D) Neighborhood Meetings
(1) General
The purpose of the neighborhood meeting is to educate occupants and owners of
nearby lands about the proposed development and application, receive comments,
address concerns about the development proposal, and resolve conflicts and
outstanding issues, where possible.
(2) Favored Practice

Neighborhood meetings are encouraged as opportunities for informal
communication between owners and occupants of nearby lands, applicants, and
other residents who may be affected by development proposals.
(3) Applicability
(a) Neighborhood Meeting Mandatory
Neighborhood meetings are mandatory prior to the submission of
applications for Planned Development (Section 2-300(B)) and Land
Development Agreements (Section 2-400).
(b) Neighborhood Meeting Optional

Neighborhood meetings are optional for any other applications under this
Ordinance. However, neighborhood meetings are strongly encouraged
prior to submission of all applications requiring a public hearing and prior
to submission of applications for permit approvals in a Neighborhood
Conservation Overlay district.

Subsection Article 2:2-200(D): Neighborhood Meetings
(c) Neighborhood Meeting May Be Required

1. The Development Services Director may require an applicant to
conduct a neighborhood meeting prior to a public hearing on an
application if the Director determines the application is likely to
cause a significant land use, appearance, traffic, or other public
facility impact on neighboring lands.
2. The Mayor of the City Council, and/or the Chair of the Planning
Commission, may direct an applicant to conduct a neighborhood
meeting either prior to or during a public hearing on an application
being reviewed by the board they chair, if it is determined the
application could potentially have significant land use,
appearance, traffic, or other public facility impacts on neighboring
lands.
(4) Procedure
If a neighborhood meeting is held by the applicant, it shall generally comply with
(a) Time and Place

The neighborhood meeting shall be held at a place that is generally
accessible to neighbors that reside in close proximity to the land subject to
the application. It shall be scheduled after 5:00 P.M. on a weekday.
(b) Notification
The applicant shall provide notification of the neighborhood meeting a
minimum of ten (10) business days in advance of the meeting by mail, to
all owners and occupants within three hundred (300) feet of the land
subject to the application, to any neighborhood organization registered
with the City of Rock Hill Neighborhood Empowerment Office, any
organizations or persons who have registered to receive notification of
development permit applications in accordance with Section 2-200(I)(6),
Registration to Receive Notice by Mail, and the City Council or Planning
Commission when the neighborhood meeting is required by that review
board. The notification shall state the time and place of the meeting.
(c) Conduct of Meetings

At the neighborhood meeting, the applicant shall explain the development
proposal and application, answer any questions, and respond to concerns
neighbors have about the application and proposed ways to resolve
conflicts.
(d) Staff Attendance

City staff may attend the neighborhood meeting for the purpose of advising
the attendees regarding applicable provisions of this Ordinance, but shall
not serve as facilitators or become involved in negotiations at the
neighborhood meeting.
(e) Written Summary of Neighborhood Record of Meeting

The applicant shall provide the Development Services Director a written
summary of the neighborhood meeting within five (5) business days of its
conclusion. The written summary shall include a list of those in
attendance, a summary of the issues related to the development proposal
discussed, comments by those in attendance about the development
proposal, and any other information the applicant deems appropriate. The

Subsection Article 2:2-200(E): Application Submission
written summary of the neighborhood meeting shall be included with the

application materials, and be made available to the public for inspection.
(f) Response to Summary

Any person in attendance at the neighborhood meeting, within ten (10)
business days of the meeting, may submit an additional written summary
stating their understanding of the issues related to the development
proposal discussed, comments by those in attendance about the
development proposal, and any other information they deem appropriate.
This written summary may include a response to the applicant’s written
summary of Neighborhood Record of Meeting. All written summaries of
the neighborhood meeting shall be included with the application materials,
and be made available for public inspection.
2-200(E) Application Submission
Applications shall be submitted to the Development Services Director in accordance with

the application submittal schedule (Section 2-200(B)(2)), in the form established by the
Development Services Director (Section 2-200(B)(1)), along with a fee established in
accordance with Section 2-200(B)(3), Fees. Applications not meeting the requirements of
Section 2-200(F), Determination of Completeness, shall be considered incomplete.
2-200(F) Determination of Completeness
(1) Completeness Review

Upon receipt of an application, the Development Services Director shall determine
if the application is complete. A complete application is one that:
(a) Information and Materials

Contains all information and materials established by the Development
Services Director as required for submittal of the particular type of
application (Section 2-200(B)(1) and (4)).
(b) Proper Form
Is in the form established by the Development Services Director as
required for submittal of the particular type of application (Section 2-200
(B)(1) and (4)).
(c) Sufficient Detail
Includes information in sufficient detail to evaluate the application to
determine whether it complies with the appropriate substantive standards
of this Ordinance.
(d) Fee
Is accompanied by the fee established for the particular type of application
in accordance with Section 2-200(B)(3), Fees.
(e) Business License Required
Includes proof that any design professional used to prepare an application
holds a City business license.
(2) Application Incomplete

If it is determined the application is incomplete, the Development Services Director
shall send written notice to the applicant of the deficiencies within five (5) business
days of submittal, and the application shall not be processed. The applicant may
correct the deficiencies and resubmit the application for completeness
determination.

Subsection Article 2:2-200(G): Preparation of Staff Report
(3) Application Complete

When the application is determined complete, it shall be reviewed in accordance
with the procedures and standards of this section, except that notwithstanding the
other provisions of this subsection, after an application is determined incomplete
three (3) times, an applicant may request and the Development Services Director
shall process and review the application even though it is not considered a
complete application.
2-200(G) Preparation of Staff Report
(1) Application Subject to Public Hearing or to be Reviewed by Review Body

Required Notice and Timing) or will be considered by a review body after it is
determined complete (or the applicant requests an incomplete application be
processed in accordance with Section 2-200(F)(3) Application Complete), the
Development Services Director shall refer the application to the appropriate staff
and any other appropriate review agencies for comment, review the application,
and prepare a written Staff Report. The Staff Report shall be mailed to the
applicant and made available to the public no less than five (5) calendar days
before the first scheduled public hearing on the application. The Staff Report shall
be addressed to the review body and shall state whether the application complies
with all appropriate standards of this Ordinance. The Staff Report shall include a
recommendation from the Development Services Director. Conditions for approval
may also be recommended to eliminate any areas of noncompliance or to mitigate
any adverse effects of the development proposal.
(2) Application Reviewed by Development Services Director

When an application for development permit is not subject to a public hearing but
is reviewed administratively by the Development Services Director, preparation of
a Staff Report shall be optional at the discretion of the Development Services
Director. If the Development Services Director determines that a Staff Report is
necessary, it shall be done in accordance with Section 2-200(G)(1) above, except
that it shall be addressed and provided to the applicant.
2-200(H) Scheduling Public Hearings
(1) Application To Be Scheduled for Meeting

Required Notice and Timing), the Development Services Director shall ensure that
the public hearing(s) on the application is (are) scheduled for a regularly scheduled
meeting or a meeting specially called for that purpose by the decision-making or
advisory body reviewing the application.
(2) Timing
The public hearing(s) on the application shall be scheduled so there is sufficient
time for a Staff Report to be prepared and for the public notification requirements
to be satisfied.
(3) Public Hearings

A public hearing(s) shall be conducted by the following advisory or decision-
making bodies for the following applications for development permit (see Table 2-
200(H), Required Public Hearings):

TABLE 2-200(H): REQUIRED PUBLIC HEARINGS
X = DECISION-MAKING BODY CONDUCTING THE PUBLIC HEARING

DECISION-MAKING BODY
APPLICATION TYPE ZONING BOARD OF
PLANNING CITY
BOARD OF HISTORIC
COMMISSION COUNCIL
APPEALS REVIEW
Text Amendment (Section 2-300(A)) X
Official Zone District Map Amendment
X
(Section 2-300(A))
Planned Development (Section 2-300(B)) X
Special Exception Permit (Section 2-300(D)) X
Variance Permit (Section 2-300(E)) X
Certificate of Appropriateness
X
(Section 2-300(G)(1))
Certificate of Hardship (Section 2-300(G)(2)) X
Development Services Director X
(Section 2-300(R))
Development Services Director on Historic X
Regulations (Section 2-300(G)(6))
Land Development Agreements (Section 2-400) X X
2-200(I) Public Notification
All applications requiring public hearing(s) shall comply with the S.C. Code of Laws, Table
2-200(I), Public Notification for Permit Approvals, and the other provisions of this section
with regard to public notification. Failure to receive notice in accordance with this section
shall not invalidate the proceedings for which notice was required, nor shall failure to
receive notice constitute a basis for legal action against the City.
(1) Public Notice Content

All notices for public hearings, unless expressly noted otherwise, whether done by
mail (written notice), publication (publishing in a newspaper of general circulation
in the City), or posting shall:
(a) Identify Application

Identify the application or application number.
(b) Indicate Application Type

Indicate the type of application submitted.
(c) Indicate Date, Time, and Place of Public Hearing

Indicate the date, time, and place of the public hearing.
(d) Describe Land Involved

Describe the land involved by street address or by legal description and
nearest cross street, and area size (except posted notice).

(e) Application Available for Public Inspection

Describe where the application and any support materials are available for
public inspection, and state these materials will be made available for
public inspection.
(f) Where Written Comments May be Submitted

Indicate where members of the public may submit written comments or
evidence on the application prior to the public hearing.
(g) Statement That Public and Landowners May Appear and Be Heard at
Public Hearing
Include a statement that interested members of the public and adjoining
landowners may appear at the public hearing, be heard, and submit
evidence and written comments with respect to the application.
(2) Written (Mailed) Notice

When the provisions of this Ordinance (see Section 2-200(I)(5)) require that written
or mailed notice be provided, the Development Services Director shall be
responsible for preparing and mailing the written notice. Notice shall be mailed to:
(a) Landowners of Land Subject to Application

All landowners of the land subject to the application;
(b) Landowners Within 150 Feet

All landowners within one hundred-fifty (150) feet of the land subject to the
application whose address is known by reference to the latest ad valorem
tax records. At the City’s discretion, it may provide mailed notice to
property owners owning lands beyond one hundred-fifty (150) feet of land
subject to an application for development; and
(c) Organizations and Persons

Organizations and persons that have registered to receive notice in
accordance with Section 2-200(I)(6), Registration to Receive Notice by
Mail.
Notice shall be deemed mailed by its deposit in the United States mail, first class,
properly addressed, postage paid. The Development Services Director shall
prepare an affidavit with affirmance that notice meeting the content requirements
of Section 2-200(I)(1), Public Notice Content, was mailed. The affidavit shall be
conclusive that notice has been given in accordance with the terms of this
subsection. A copy of the mailed notice shall be maintained in the office of the
Development Services Director for public inspection during normal business hours.
The affidavit shall be included as an appendix to the Staff Report.
(3) Published Notice

(a) Responsibility for Preparing Notice
When the provisions of this Ordinance require that notice be published, the
Development Services Director shall be responsible for preparing the
content of the notice and publishing the notice in a newspaper of general
circulation in the City. The content and form of the published notice shall
be consistent with the requirements of the S.C. Code of Laws.
(b) Affidavit Published Notice Occurred

that published notice has occurred in accordance with the requirements of

this subsection. The affidavit shall be conclusive that notice has been
(4) Posted Notice

(a) Responsibility for Posting Notice
When the provisions of this Ordinance require that notice be posted on the
land subject to the application, the Development Services Director shall be
responsible for posting the notice in accordance with the following
standards:
1. Notice shall be posted on sign(s) in a form established by the

2. The signs shall be placed on the land that is subject to the

application, along each public thoroughfare that abuts or runs
through the land, at intervals of not more than five hundred (500)
feet.
3. The sign(s) shall be posted in a manner that ensures visibility from

public thoroughfare(s).
(b) Affidavit of Posted Notice

that posted notice has been provided in accordance with the requirements
of this subsection. The affidavit shall be conclusive that notice has been
(c) Responsibility for Maintenance of Posted Notice

The applicant shall ensure that the posted notice is maintained on the land
until the completion of the public hearing on the application.
(d) Responsibility for Removal of Posted Notice

The sign(s) shall be removed by the applicant within five (5) days after the
public hearing on the application.
(5) Required Notice and Timing

Unless otherwise expressly provided in the S.C. Code of Laws or this Ordinance,
notice shall be provided as follows:

Subsection Article 2:2-200(J): Deferral of Application
TABLE 2-200(I): PUBLIC NOTIFICATION FOR PERMIT APPROVALS
NOTICE REQUIRED
APPLICATION FOR DEVELOPMENT PERMIT OR (DAYS BEFORE HEARING/ACTION)
OTHER ACTION WRITTEN PUBLICATION POSTED
(SECTION 2-200(I)(2)) (SECTION 2-200(I)(3)) (SECTION 2-200(I)(4))
Text Amendment
public hearing
Amendment to Official Zone District Map & At least 15 days prior to At least 30 days prior to At least 15 days prior to
Planned Development District public hearing public hearing public hearing
Special Exception Permit & At least 15 days prior to At least 15 days prior to At least 15 days prior to
Variance Permit public hearing public hearing public hearing
At least 15 days prior to At least 15 days prior to At least 15 days prior to

Appeal to Board of Zoning Appeals
public hearing public hearing public hearing
Certificate of Appropriateness &
Certificate of Hardship &
Appeal of Development Services Director’s
Interpretation or Decision on Certificates of
Appropriateness
Planning Commission
City Council
(6) Registration to Receive Notice by Mail

Bi-annually beginning in 2006, and prior to July 31 of that year, any person,
neighborhood organization, or other organization in the City may register with the
Development Services Director to receive written notice of all applications in
accordance with Section 2-200(I)(2), Written (Mailed) Notice. To be eligible for
registration, the applicant shall provide the Development Services Director
information in the form required by the Development Services Director to ensure
notification can be made to the organization, along with a fee to defray the costs.
To continue to receive such notice, a person or organization shall re-register every
two (2) years.
2-200(J) Deferral of Application
(1) Request Prior to Publication of Notice

An applicant may request that an advisory or decision-making bodies’
consideration of an application at public hearing be deferred by submitting a
written request for deferral to the Development Services Director prior to the
publication of notice for the public hearing (Section 2-200(I), Public Notification).
The Development Services Director may grant such requests for good cause. The
date of the public hearing at which the application will be heard shall be set at the
time the deferral is granted.

Subsection Article 2:2-200(K): Changes to Application After Notice of Public Hearing
(2) Request After Publication of Notice

If a request for deferral of consideration of an application by an advisory or
decision-making body is submitted subsequent to publication of notice, the request
for deferral shall be placed on the public hearing agenda and acted upon by the
advisory or decision-making body. The advisory or decision-making body may
grant such requests for good cause. The date of the public hearing at which the
application will be heard shall be set at the time the deferral is granted. If a
deferral is granted, the application may be subject to additional application fees to
defray the costs of processing the application.
2-200(K) Changes to Application After Notice of Public Hearing
After notice of public hearing has occurred, changes to an application (including changes
to an application at the public hearing) not made solely to satisfy staff or review body
recommendations or conditions shall be governed by the provisions of this section.
(1) Clerical Errors

Minor additions, deletions, or corrections to clerical errors in an application may be
made without referral of the application, as amended, back to the Development
Services Director for review and preparation of a Staff Report, and to any review or
decision-making bodies as is required for the original review of the application.
(2) Major Changes

No substantive changes may be made in major elements of the development
proposal relating to uses, densities, intensities, and/or access without referral of
the application, as amended, back to the Development Services Director for
evaluation and preparation of a Staff Report in accordance with Section 2-200(G),
Preparation of Staff Report, and to any other advisory or decision-making bodies in
the same manner as is required for the original review of the application.
(3) Conditions and Development Standards

Proposed changes in conditions and development standards may be considered
without referral back to the Development Services Director or advisory or decision-
making bodies, provided the changes do not constitute a major substantive change
in the development proposal in the determination of the body with decision-making
authority on the application.
2-200(L) Request for Withdrawal of Application
(1) Submission of Request

Any request for withdrawal of an application subject to a public hearing shall be
submitted in writing to the Development Services Director, or shall be made
through a verbal request at a public hearing.
(2) Prior to Notice of Public Hearing

The Development Services Director shall approve a request for withdrawal of an
application, if it has been submitted prior to public notification on the application in
accordance with Section 2-200(I), Public Notification.
(3) Subsequent to Notice of Public Hearing

If the request for withdrawal of an application is submitted subsequent to public
notification (Section 2-200(I), Public Notification), the request for withdrawal shall
be placed on the public hearing agenda and acted upon by the advisory or
decision-making body.

Subsection Article 2:2-200(M): Review by Development Services Director
(4) Fees
Fees shall not be refunded for withdrawn applications.
2-200(M) Review by Development Services Director
When an application for development permit is not subject to a public hearing, but is
reviewed by the Development Services Director, it shall be reviewed in accordance with
(1) Staff Report

Preparation of a Staff Report is optional, at the discretion of the Development
Services Director, and shall be governed by Section 2-200(G)(2), Application
Reviewed by Development Services Director.
(2) Review
After the application is determined complete (Section 2-200(F), Determination of
Completeness), the Development Services Director shall review the application
and approve, approve with conditions, or deny the application, based on the
appropriate review standards for the particular permit.
2-200(N) Public Hearing Procedures
All public hearings for applications held in accordance with this Ordinance shall comply
with the following procedures, and if established, any additional public hearing procedures
adopted by the individual advisory or decision-making body.
(1) Conduct of Public Hearing

(a) Burden of Proof or Persuasion
The burden of demonstrating that an application complies with the
applicable review and approval standards of this Ordinance is on the
applicant. The burden is not on the City or other parties to show that the
standards have not been met by the applicant.
(b) Rights of All Persons

Any person may appear at a public hearing and submit testimony,
consistent with the by-laws of the review or decision-making body, either
individually or as a representative of a person or an organization. Each
person who appears at a public hearing shall be identified, state an
address, and if appearing on behalf of a person or organization, state the
name and mailing address of the person or organization being
represented.
(c) Exclusion of Testimony

The body conducting the public hearing may exclude testimony that it finds
to be irrelevant, immaterial, or unduly repetitious.
(d) Offers of Testimony

In the event any testimony is excluded as irrelevant, immaterial, or unduly
repetitious, the person offering such testimony shall have an opportunity to
offer such testimony for the record in writing, provided that it is presented
prior to the close of the public hearing.
(e) Continuance of Public Hearing

The body conducting the public hearing may, on its own motion or at the
request of any person, continue the public hearing to a fixed date, time,

Subsection Article 2:2-200(O): Conditions of Approval
and place, consistent with state law. A continuance may be granted at the
discretion of the body conducting the public hearing only upon good cause
shown.
(2) General Procedures and Findings at Public Hearing

(a) Time
Any board or commission conducting the hearing shall act in accord with
any time limits established in this Ordinance or the board or commission’s
own by-laws. Action shall be taken as promptly as possible in
consideration of the interests of the applicant and the citizens of the City.
(b) Form of Decisions

The form of all decisions shall include at least the following elements:
1. Summary of Information
A summary of the information presented before the body.
2. Summary of Evidence in Record

A summary of all testimony submitted into the record.
3. Written Statement of Findings

A written statement of findings or other factors considered,
whichever is appropriate, and a statement of the basis upon which
such facts were applied with respect to the relevant review
standards.
4. Recommendation or Decision
A statement of a recommendation or decision of approval,
approval with conditions, or denial (whichever is appropriate).
2-200(O) Conditions of Approval
(1) General
When a review board or the Development Services Director may, according to the
express terms of this Ordinance, approve a permit or development approval with
conditions, such board or the Development Services Director may impose
restrictions and conditions on the approval. The conditions may, as appropriate,
ensure compliance with the general goals and policies of this Ordinance or with
particular standards of this Ordinance, to prevent or minimize adverse effects from
the proposed development on surrounding lands.
(2) Limitations
The restrictions and conditions imposed must be related in both type and amount
to the impact that the proposed development would have on the public and
surrounding development. All conditions imposed shall be expressly set forth in
the permit approval.
2-200(P) Lapse of Approval
Lapse of approval (also referred to as “expiration”) shall occur as provided by this

Ordinance for the various types of development permits and approvals. If no provision for
lapse is given by this Ordinance for a particular type of development permit or approval,
and if no lapse period is imposed as part of an approval by the decision-making entity,
lapse shall occur if development is not commenced or a subsequent permit is not obtained
within one (1) year.

Subsection Article 2:2-200(Q): Waiver of Time Limit
2-200(Q) Waiver of Time Limit
(1) General
Whenever any application for a development permit requiring a public hearing is
denied, an application for all or a part of the same land shall not be considered for
a period of one (1) year after the date of denial unless a Waiver of Time Limit is
subsequently approved by the decision-making body in accordance with the
requirements of this section. Only one (1) request for Waiver of Time Limit may be
submitted by the applicant during the one (1) year period.
(2) Waiver of Time Limit

(a) Owner or Authorized Agent
Only the owner of land or the owner’s authorized agent may submit a
request for Waiver of Time Limit.
(b) Initiation
A request may be initiated by the owner or the owner’s authorized agent
by submitting a request for Waiver of Time Limit to the Development
Services Director, along with a fee to defray the cost of processing the
request.
(3) Action
At the meeting for which the request for Waiver of Time Limit is scheduled, the
decision-making body shall consider the request, other relevant support materials,
statements made by the applicant or the applicant’s representative, and the
public, and approve or deny the request based on the standards in Section 2-
200(Q)(4), Waiver of Time Limit Standards.
(4) Waiver of Time Limits Standards

The Waiver of Time Limit shall be approved only upon a finding by two-thirds (2/3)
or more of the membership of the decision-making body that substantial evidence
is presented that demonstrates:
(a) Substantial Change in Circumstances

There is a substantial change in circumstances relevant to the issues
and/or facts considered during review of the application that might
reasonably affect the decision-making body’s application of the relevant
review standards to the development proposed in the application; or
(b) New or Additional Information

New or additional information is available that was not available at the time
of the review that might reasonably affect the decision-making body’s
application of the relevant review standards to the development proposed;
or
(c) New Application Materially Different

A new application is proposed to be submitted that is materially different
from the prior application; or
(d) Material Mistake of Fact

The final decision on the application was based on a material mistake of
fact.

Subsection Article 2:2-200(R): Simultaneous Processing of Applications
2-200(R) Simultaneous Processing of Applications
Whenever two (2) or more forms of review and approval are required under this Ordinance,
the applications for those permits or approvals may, at the option of the Development
Services Director, be processed simultaneously, so long as all applicable state and local
requirements are satisfied.
2-200(S) Notification of Decision
Within a reasonable period of time after a decision on an application, the Development

Services Director shall notify the applicant of the decision by mail. Within a reasonable
period of time after the decision, a copy of the decision shall also be made available to the
public at the offices of the Development Services Director, during normal business hours.


DEVELOPMENT APPROVAL
2-300(A) Amendments to Text and Official Zone District Map
(1) Purpose
The purpose of this section is to provide a means for
amending the text of this Ordinance or making an Pre-Application
amendment to the Official Zone District Map Conference
(Rezoning).

The City Council may adopt an ordinance amending Meeting
the text of this Ordinance or amending the Official (optional)
Zone District Map (Rezoning) upon compliance with
the provisions of this section.
(3) Initiation Submit

(a) Amendment to the Text of this Ordinance Application
An application to amend the text of this
Ordinance may be initiated by the City Council,
the Planning Commission, or requested by an
owner of land in the City. Determination of
Completeness
(b) Amendment to Official Zone District Map
An application to amend the Official Zone
District Map (Rezoning) may be initiated by the
City Council, the Planning Commission, the Staff
BHR (for an amendment for an Historic Review
Property designation or an Historic Overlay
(YH) district classification only), or a person Schedule
who may submit applications in accordance Hearing
with Section 2-200(A), Authority to File
Applications.
Schedule Public
s
Notification
(4) Procedures
(a) Pre-application Conference, Application
Review, Notification and Scheduling Staff
Hearing Report
established in Section 2-200, Common Planning
Procedures. Commission
Public Hearing/
(b) Review and Recommendation by Planning Recommendation
Commission
notification, and the scheduling of the public City Council
hearing, the application shall be referred to the Decision
Planning Commission by the Development
Services Director on the date the public
Zone District Map
hearing on the application is conducted. The
Amendment
Planning Commission shall conduct a public (Rezone) and Text
hearing on the application in accordance with Amendment
Section 2-200(N), Public Hearing Procedures.

Commission shall consider the application, the relevant support materials,

the Staff Report, the testimony given at the public hearing, and following
the close of the public hearing, make a report to the City Council
recommending either to approve or deny the application based on the
standards in Section 2-300(A)(5), Standards. The Planning Commission
shall forward its report to City Council within thirty (30) calendar days from
the date of the application’s referral by the Development Services Director
(unless a longer review period is established by mutual agreement of the
applicant and Planning Commission). If the Planning Commission does
not submit its report within the prescribed time, it is presumed the Planning
Commission recommends approval of the application, and the City Council
may proceed to act on the application without the recommendation of the
(c) Review and Action by City Council

After receipt of the report from the Planning Commission, the City Council
shall review and consider the application, the relevant support materials,
the Staff Report, the report of the Planning Commission, and the
comments given at the meeting (if any). During the meeting, the City
Council, by a majority vote of a quorum present, shall either adopt an
ordinance amending the Text of this Ordinance or the Official Zone District
Map (whichever is appropriate), or deny the application, based on the
standards of Section 2-300(A)(5), Standards.
(d) Protest Petitions

1. General
Applications to amend the Official Zone District Map which are
subject to a valid protest petition shall require an affirmative vote
of at least three-fourths (¾) of all members of the City Council to
be adopted.
2. Valid Protest Petitions

For a protest petition to be considered valid, it shall be signed by
at least twenty percent (20%) of the landowners who own lots:
a. Included in the area subject to the amendment application;
b. Located immediately adjacent to the side or rear of the

lands subject to the amendment application; or
c. Located directly opposite of the lands subject to the

amendment application.
(5) Standards
(a) Text Amendments
Amending the text of this Ordinance is a matter committed to the
legislative discretion of the City Council. In determining whether to adopt
or deny the proposed amendment, the City Council shall consider and
weigh the relevance of the following factors:
1. Consistent with General Plan, Focal Point, and Sub-area Plans

consistent with the General Plan, and relevant adopted Focal
Point and Sub-area Plans.

2. Consistent with Ordinance

Whether the proposed amendment is in conflict with any provision
of this Ordinance, and related City regulations.
4. Community Need

consistent with the purpose and intent of the zone districts in this
Ordinance, or will improve compatibility among uses and will
ensure efficient development within the City.
result in a logical and orderly development pattern.


Amending the Official Zone District Map (Rezoning) is a matter committed
to the legislative discretion of the City Council. In considering an
amendment to the Official Zone District Map (Rezoning), the City Council
may adopt a change for only part of the area requested or for a less
intense zone district than requested by the applicant, or both. In
determining whether to adopt or deny the proposed amendment, the City
Council shall consider and weigh the relevance of the following factors:
1. Consistent with General Plan, Focal Point, and Sub-Area Plans

consistent with the General Plan, and any relevant adopted Focal
Point or Sub-area Plans.
3. Community Need

compatible with existing and proposed uses surrounding the
subject land, and is the appropriate zone district for the land.

result in a logical and orderly development pattern, or deviate from
logical and orderly development patterns.
6. Premature Development
encourage pre-mature development.
7. Strip or Ribbon Commercial Development

result in strip or ribbon commercial development.
8. Isolated Zone District

result in the creation of an isolated zone district unrelated to
adjacent and surrounding zone districts.
9. Property Values
result in significant adverse impacts on the property values of
surrounding lands.

2-300(B) Planned Development District
(1) General
This section establishes the procedures for review of the City’s Planned
Development (PD) zone districts: Planned Development–Residential (PD-R);
Planned Development–Commercial (PD-C); Planned Development–Major
Employment Center (PD-MEC); Planned Development–Traditional Neighborhood
Development (PD-TND); and Planned Development-Planned Educational District
(PD-PED).
(2) Location
A PD zone district classification may be established on any land that complies with
all of the applicable standards of this section.
(3) Unified Ownership or Control

To ensure unified control, copy of the title to all land that is part of a proposed PD
zone district classification shall be provided, and all owners of the land shall sign
the planned development application to indicate their support for the application
and willingness to be bound by any conditions of approval.
(4) PD Zone District Classification and PD Master Plan

(a) Procedure
1. General
A PD zone district classification shall constitute an amendment to
the Official Zone District Map (Rezone). It shall be controlled by a

PD Master Plan and PD Terms and Conditions. The procedure

requires approval of a PD zone district classification, PD Master
Plan, and PD Terms and Conditions
(Section 2-300 (B)(4)(c)), and then a
Final PD Plan (Section 2-300(B)(5)). Pre-Application
Conference
2. Pre-application Conference,
Application Submission, Review,
Public Notification, and Scheduling Neighborhood
Meeting
Hearing
(required)
application are established in Section
Submit
Application
3. Review and Recommendation by
Planning Commission
of the public hearing, the application Determination of
Completeness
shall be referred to the Planning
Commission by the Development
Services Director on the date the
public hearing on the application is Staff
conducted. The Planning Commission Review
shall conduct a public hearing on the
application in accordance with Section Schedule
2-200(N), Public Hearing Procedures. Hearing
Commission shall consider the
application, the relevant support Schedule Public
s
materials, the Staff Report, the Notification
testimony given at the public hearing,
and following the close of the public
hearing, make a report to the City Staff
Report
Council recommending either to
Planning
standards in Section 2-300(B)(4)(b), Commission
Planned Development Standards. The Public Hearing/
Planning Commission shall forward its Recommendation
report to City Council within thirty (30)
calendar days of the application’s
referral by the Development Services City Council
Director (unless a longer review period Decision
is established by mutual agreement of
the applicant and Planning
Commission). If the Planning Planned Development
Commission does not submit its report
within the prescribed time, it is
presumed the Planning Commission recommends approval of the
application, and the City Council may proceed to act on the
application without the recommendation of the Planning
Commission.

4. Review and Action by City Council

a. After receipt of the report from the Planning Commission,
the City Council shall review and consider the application,
the relevant support materials, the Staff Report, the report
of the Planning Commission, and the comments given at
the meeting (if any). In its discretion, the City Council may
refer the matter back to the Planning Commission for
further study and recommendation on specific issues and
for a supplemental report to be submitted to the City
Council. If the referral requires additional public
notification, it shall be given in accordance with Section 2-
200(I), Public Notification. During the meeting at which
the application is finally considered, the City Council shall
approve, approve with conditions, or deny the application
based on the standards in Section 2-300(B)(4)(b),
Planned Development Standards.
b. An application for a PD zone district classification shall be

subject to the standards in Section 2-300(A)(4)(d), Protest
Petitions.
(b) Planned Development Standards

A PD zone district classification, PD Master Plan, and PD Terms and
Conditions shall comply with the standards in Section 2-300(A)(5)(b),
Amendments to Official Zone District Map (Rezone), and the standards for
the type of PD district that is being approved in accordance with Section 3-
400(D), Standards.
(c) PD Terms and Conditions

Concurrent with the approval of the adopting ordinance and the PD Master
Plan, PD Terms and Conditions shall be established binding the planned
development to any conditions placed in the adopting ordinance and PD
Master Plan. The PD Terms and Conditions shall include, but are not
limited to:
1. PD Master Plan and PD Standards

The PD Master Plan and PD Standards.
2. Conditions
Conditions related to the approval of the PD Master Plan.
3. Other Provisions Related to Future Development of PD

Standards, conditions, or other provisions related to future
development approvals, or responsibilities of the landowners
within the PD Master Plan.
(d) Conditions of Approval

In approving a PD zone district classification, a PD Master Plan, and PD
Terms and Conditions, the City Council may impose appropriate
conditions on the approval in accordance with Section 2-200(O),

(e) Placement of Planned Development District (PD) Classification on

Official Zone District Map
After final approval of the adopting ordinance for the PD zone district
classification, the PD Master Plan, and PD Terms and Conditions, the
Development Services Director shall amend the Official Zone District Map
to show a PD zone district classification.
(f) Recordation
The applicant shall record the adopting ordinance, the PD Master Plan and
the PD Terms and Conditions with the York County Clerk of Court. They
shall be binding upon the landowners, their successors and assigns, and
shall constitute the development regulations for the land. Development of
the land shall be limited to the uses, density, configuration, and all other
elements and conditions set forth on the PD Master Plan and in the PD
Terms and Conditions. The applicant shall submit proof to the
Development Services Director that the adopting ordinance, PD Master
Plan, and PD Terms and Conditions have been recorded with the York
County Clerk of Court within six (6) months of its approval, or the adopting
ordinance, PD Master Plan, and PD Terms and Conditions shall
automatically and immediately be rendered invalid and the land shall
return to its prior zone district classification (or if the land was not located
in the City prior to its approval as a PD zone district classification, the land
shall be classified RH district).
(g) Expiration
1. General
The approval of the adopting ordinance for a PD zone district
classification, the PD Master Plan, and PD Terms and Conditions
shall expire unless an application for a PD Final Plan for any part
or section of the plan for development shown on the PD Master
Plan is submitted within one (1) year of approval (see Section 2-
300(B)(5)). Such time period shall not be extended with transfer of
ownership.
2. Extension
prior to the expiration of the permit period by the applicant,
and upon a showing of good cause, the Planning
Commission may grant an extension not to exceed six (6)
months for the submission of a Final PD Plan. The
approval shall be deemed extended until the Planning
Commission has acted upon the request for extension.
b. If the PD Final Plan is not submitted within the time

established in the extension, the Planning Commission,
prior to the time the extension will expire, shall
recommend to the City Council that either one (1)
additional six (6) month extension be granted, for good
cause, or the land be rezoned to its prior zone district
classification (or if the land was not located in the City
prior to its approval as a PD zone district classification, the
land be classified RH district). The City Council shall act
on the recommendation of the Planning Commission
within a reasonable period of time.

3. Expiration
a. Failure to submit a Final PD Plan within the time limits
established by this section shall result in expiration of the
PD zone district classification, the PD Master Plan, and
the PD Terms and Conditions, and the prior zone district
classification shall thereupon be re-established (or if the
land was not located in the City prior to its approval as a
PD zone district classification, the land shall be classified
RH district).
b. If an applicant can demonstrate that a pending legal action

has prevented them from submitting a Final PD Plan, the
City Council, may, upon terms and conditions as
determined in its sole discretion, consider suspending the
expiration of the PD zone district classification, the PD
Master Plan, and the PD Terms and Conditions until the
legal action is resolved.
(h) Minor Deviations

A minor deviation to a PD Master Plan and/or PD Terms and Conditions
shall not be considered as an amendment, and shall be approved by the
Development Services Director. The minor deviation shall comply with the
standards of this Ordinance. A minor deviation shall be limited to technical
considerations which could not reasonably be anticipated during the
approval process or any other change which has no material effect on the
character of the approved PD development or any of its approved terms or
conditions. The following shall constitute minor deviations:
1. Driveway Relocations
Driveway relocations.
2. Structure Floor Plan Revisions

Structure floor plan revisions.
3. Facility Design Modifications

Facility design modifications for amenities and the like.
Changes that materially affect the basic concept of the PD Master Plan are
not considered minor deviations, and shall only be changed as
amendments to the PD Master Plan and/or the PD Terms and Conditions
(Section 2-300(B)(4)(c)).
(i) Amendments
1. General
If an applicant determines it is necessary to alter the concept or
intent of the PD Master Plan, and/or the PD Terms and
Conditions, the PD Master Plan and/or PD Terms and Conditions
shall be amended, extended, or modified only in accordance with
the procedures and standards for its original approval.
2. Amendments Defined
The following items are considered an alteration of the concept or
intent of the PD Master Plan or PD Terms and Conditions:
a. Changes in use designations;

b. Density/intensity increases;
c. Decreases in open space;
d. Substantial changes in the location of streets (particularly

if streets are to be deleted or access points to the
development are moved so traffic flows both inside and
outside the development are affected);
e. Change in the location of any public easement;
f. Change in the proportion of housing types by more than

fifteen percent (15%); or
g. Violation of any specific condition of the PD Terms and

Conditions.
(5) Final PD Plan

(a) Submittal of PD Final Plan
Within one (1) year of the approval of a PD zone district classification, PD
Master Plan, and PD Terms and Conditions, the applicant shall submit a
PD Final Plan for any part or section of the plan for development shown in
the PD Master Plan. The PD Final Plan shall implement the PD Master
Plan. For the purposes of this Ordinance, the PD Final Plan shall mean
either Site Plan (Section 2-300(H)) or Preliminary Plat for Subdivision
(Section 2-300(I)(5)(b)) approval, whichever is appropriate.
(b) Standards
In addition to complying with the relevant standards for Site Plan (Section
2-300(H)) or Subdivision (Section 2-300(I)), whichever is appropriate, the
PD Final Plan shall also conform to the PD Master Plan and the PD Terms
and Conditions.
(c) Expiration
1. Substantial Completion Required
The approval of a PD Final Plan shall expire unless construction
has reached the level of substantial completion. For the purposes
of this subsection, substantial completion shall mean the issuance
of Certificates of Occupancy for fifty percent (50%) or more of the
residential units or for thirty-three percent (33%) or more of non-
residential square footage in the PD Final Plan, within one (1) year
of the date of approval of the PD Final Plan.
2. Extension
prior to the expiration of the permit for Final PD Plan by
the applicant, and upon a showing of good cause, the
Planning Commission may grant an extension not to
exceed six (6) months. The approval shall be deemed
extended until the Planning Commission has acted upon
the request for extension.
b. If the construction has not achieved substantial completion

within the time established in the extension, the Planning
Commission, prior to the time the extension will expire,

shall recommend to the City Council that one (1)

additional extension be granted for a period not to exceed
six (6) months, for good cause shown, or if a PD Final
Plan for the planned development has not achieved
substantial completion, the land be rezoned to its prior
zone district classification (or if the land was not located in
the City prior to its approval as a PD zone district
classification, the land shall be classified RH district). The
City Council shall act on the recommendation of the
Planning Commission within a reasonable period of time.
2-300(C) Conditional Use Permit
(1) Purpose
Conditional uses are uses that are generally compatible with the other uses
permitted in a zone district, but require individual review of their location, design,
configuration, and density and intensity of use, and usually require the imposition
of conditions to ensure the appropriateness of the use at a particular location.
(2) Authority
(a) General
The Development Services Director is authorized to review and decide on
an application for a Conditional Use Permit in accordance with this section.
(b) Uses Authorized

Only those uses identified as conditional
uses in Table 4-100(B), Table of Allowed Pre-Application
Uses, are authorized to be considered for Conference
(optional)
Conditional Use Permits under this section.
The designation of a use as a conditional
use in Table 4-100(B), Table of Allowed
Uses, does not constitute authorization that
such use shall be approved through a Submit
Conditional Use Permit in accordance with Application
this section. Rather, each proposed
conditional use shall be evaluated by the
Development Services Director for
compliance with the standards set forth in Determination of
this section, and the standards for the use in Completeness
Section 4-300, Use Specific Standards.
(3) Procedure Development

(a) Initial Submission of Application and Services Director
Staff Review Decision
The procedures and requirements for and
review of an application are established in Conditional Use
Section 2-200, Common Procedures. Permit
(b) Review and Action by Development

Services Director
The Development Services Director shall review and take action on the
application in accordance with Section 2-200(M), Review by Development
Services Director.

(4) Conditional Use Standards

A Conditional Use Permit shall be approved only upon a finding the applicant has
demonstrated all of the following standards are met:

The proposed use complies with all standards in Section 4-300, Use
Specific Standards.
(b) Roads
There is adequate road capacity available to serve the proposed
conditional use, and the proposed use is designed to ensure safe ingress
and egress onto the site and safe road conditions around the site.
(c) Access for Fire, Police, EMS

The proposed conditional use is designed so that adequate access onto
the site is provided for fire, police, and EMS services.

In approving a Conditional Use Permit, the Development Services Director may
2-200(O), Conditions of Approval, to ensure the conditional use complies with the
(6) Effect
Issuance of a Conditional Use Permit shall authorize only the particular conditional
use that is approved in the permit. A Conditional Use Permit, including any
conditions, shall run with the land and not be affected by a change in ownership.
(7) Expiration
(a) General
development activity shall begin or be completed on the Conditional Use
Permit, or both. Failure to begin and/or complete such development
activity within the time limit specified results in the expiration of the
Conditional Use Permit. Unless specified otherwise by the Development
Services Director, a Building Permit shall be obtained for the development
approved by the permit within twelve (12) months from the date of
approval, and development shall be completed on the Building Permit
within the time allowed under the City’s building regulations, or the
Conditional Use Permit shall expire and be void. In cases where a
Building Permit is not required to establish an approved conditional use, a
Certificate of Conformity (Section 2-300(P)) shall be obtained within twelve
(12) months from the date of approval, or the Conditional Use Permit shall
expire and be void.
(b) Extension
Upon written application submitted at least (thirty) 30 days prior to the
extension not to exceed six (6) months, for good cause shown. The
approval shall be deemed extended until the Development Services
Director has acted upon the request for extension. Failure to submit an
application for an extension within the time limits established by this
section shall result in the expiration of the Conditional Use Permit.

(8) Amendment
A Conditional Use Permit may be amended, extended, or modified only in
approval.
2-300(D) Special Exception Permit
(1) Purpose
The purpose of this section is to provide a means for reviewing applications for
approval of uses allowed as Special Exceptions. These are uses that are
generally compatible with the other uses permitted in
a zone district, but require individual review of their
location, design, configuration, and density and Pre-Application
intensity of use, and may require the imposition of Conference
(optional)
conditions to ensure the appropriateness of the use
at a particular location.

The ZBA is authorized to review and decide Meeting
applications for Special Exception Permits in (optional)
accordance with this section. Only those uses
identified as Special Exceptions in Table 4-100(B),
Table of Allowed Uses, are authorized to be
considered as Special Exceptions under this section.
Submit
The designation of a use as a Special Exception in Application
Table 4-100(B), Table of Allowed Uses, does not
constitute an authorization that such use shall be
approved through a Special Exception Permit in
accordance with this section. Rather, each proposed
Determination of
Special Exception shall be evaluated by the ZBA for Completeness
compliance with the standards set forth in this
section and the applicable standards for the use in
Section 4-300, Use Specific Standards (if
appropriate). Staff
Review
(3) Procedure
(a) Application Submission, Review, Public Schedule
Notification and Scheduling Hearing Hearing
established in Section 2-200, Common Schedule Public
s
Procedures. Notification

Staff
Appeals Report
hearing, the ZBA shall conduct a public ZBA
hearing on the application in accordance Public Hearing/
with Section 2-200(N), Public Hearing Decision
shall consider the application, the relevant Special Exception
support materials, the Staff Report, and the Permit

approve, approve with conditions, or deny the application based on the

standards in Section 2-300(D)(4), Special Exception Standards.
(4) Special Exception Standards

A Special Exception Permit shall be approved only upon a finding the applicant
demonstrates all the following standards are met:

The proposed special exception complies with all standards in Section 4-
300, Use Specific Standards.
(b) Compatibility
The proposed special exception is appropriate for its location and
compatible with the character of surrounding lands and the uses permitted
in the zone district(s) of surrounding lands.
(c) Design Minimizes Adverse Impact

The design of the proposed special exception minimizes adverse effects,
including visual impacts of the proposed use on adjacent lands;
furthermore, the proposed special exception avoids significant adverse
impact on surrounding lands regarding service delivery, parking and
loading, odors, noise, glare, and vibration, and does not create a nuisance.
(d) Design Minimizes Environmental Impact

The proposed special exception minimizes environmental impacts and
does not cause significant deterioration of water and air resources, wildlife
habitat, scenic resources, and other natural resources.
(e) Roads
There is adequate road capacity available to serve the proposed special
exception, and the proposed special exception use is designed to ensure
safe ingress and egress onto the site and safe road conditions around the
site.
(f) Not Injure Neighboring Land or Property Values

The proposed special exception will not substantially and permanently
injure the use of neighboring land for those uses that are permitted in the
zone district, or reduce property values.
(g) Site Plan

A site plan has been prepared that demonstrates how the proposed
special exception use complies with the other standards of this subsection.
(h) Complies with All Other Relevant Laws and Ordinances

The proposed special exception use complies with all other relevant City
laws and ordinances, state and federal laws, and regulations.

In approving a Special Exception Permit, the ZBA may impose appropriate
conditions on the permit approval in accordance with Section 2-200(O), Conditions
of Approval.
(6) Appeal
Special Exception Permit may appeal from the decision of the ZBA to the Circuit

Court in and for York County by filing with the Clerk of the Court a petition setting
forth plainly, fully, and distinctly why the decision is contrary to law. The appeal
shall be filed within thirty (30) days after the decision of the ZBA is mailed. For the
(7) Effect
Issuance of a Special Exception Permit shall authorize only the particular special
exception that is approved in the permit. A Special Exception Permit, including
any conditions, shall run with the land and shall not be affected by a change in
ownership.
(8) Expiration
(a) General
begin or be completed on the Special Exception Permit, or both. Failure to
begin and/or complete such development activity within the time limit
specified shall void the Special Exception Permit. Unless specified
otherwise by the ZBA, a Building Permit shall be obtained for the
date of approval, and development shall be completed on the Building
Permit within the time allowed under the City’s building regulations, or the
Special Exception Permit shall expire and be void. In cases where a
Building Permit is not required to establish an approved special exception
use, a Certificate of Conformity (Section 2-300(P)) shall be obtained within
twelve (12) months from the date of approval, or the Special Exception
Permit shall expire and be void.
(b) Extension
the expiration of the Special Exception Permit.
(9) Amendments
A Special Exception Permit may be amended, extended, or modified only in
approval.

2-300(E) Variance Permit
(1) Purpose
The purpose of a Variance Permit is to allow certain
deviations from the standards of this Ordinance
(such as height, yard setback, lot coverage, parking, Pre-Application
landscaping, and signage standards), when the Conference
landowner demonstrates that, owing to special (optional)
circumstances or conditions beyond the landowner’s
control (such as exceptional topographical
conditions, narrowness, shallowness, or the shape of Neighborhood
a specific parcel of land), the literal application of the Meeting
(optional)
dimensional standards would result in undue and
unique hardship to the landowner and the deviation
would not be contrary to the public interest.
(2) Authority Submit

The ZBA is authorized to review and decide on a Application
Variance Permit in accordance with this section.
(3) Procedures
(a) Application Submission, Review, Determination of
Notification and Scheduling Hearing Completeness
Staff
Procedures.
Review

Schedule
Appeals
Hearing
hearing, the ZBA shall conduct a public Schedule Public
hearing on the application in accordance s
Notification
with Section 2-200(N), Public Hearing
shall consider the application, the relevant Staff
support materials, the Staff Report, and the Report
approve, approve with conditions, or deny
the application based on the standards in ZBA Public
Hearing/ Decision
Section 2-300(E)(4), Variance Standards.
(4) Variance Standards

(a) Findings Variance Permit
A Variance Permit shall be approved only
upon a finding, made in writing, that the
applicant demonstrates all of the following standards are met:
1. Extraordinary and Exceptional Conditions

There are extraordinary and exceptional conditions (such as
topographic conditions, narrowness, shallowness, or the shape of

property) pertaining to the particular piece of land for which the

variance is sought, that do not generally apply to other land or
structures in the vicinity.
2. Not Result of Action by Applicant

The special circumstances are not the result of the actions of the
applicant.
3. Strict Application Deprives Use

Because of the conditions in subsection 2-300(E)(4)(a)(1) above,
the application of this Ordinance to the land would effectively
prohibit or unreasonably restrict the utilization of the land and
result in unnecessary and undue hardship.
4. Minimum Variance
The granting of the Variance Permit is the minimum action that will
make possible the reasonable use of the land or structure which is
not contrary to the public interest, and which would carry out the
spirit of this Ordinance.
5. Not Detrimental
The authorization of the Variance Permit will not result in
substantial detriment to adjacent land, and the character of the
zone district in which the land subject to the application is located.
6. Consistency with this Ordinance

The granting of the Variance Permit will be generally consistent
with the purposes and intent of this Ordinance.
(b) Not Grounds for Variance

The following do not constitute grounds for a Variance Permit:
1. Nonconforming Use of Neighboring Lands

The nonconforming use of neighboring lands, structures, or
buildings in the same zone district that applies to the land for
which the Variance Permit is sought.
2. Property Could Be Utilized More Profitably

The fact that land may be utilized more profitably should a
Variance Permit be granted.
(c) Prohibitions
No Variance Permit shall be granted to:
1. Allow a use not permitted by right, Conditional Use Permit, or by

Special Exception Permit in the district in which the land subject to
the Variance Permit is located.
2. Extend physically a nonconforming use of land.
3. Change the zone district boundaries on the Official Zone District

Map.

4. Establish, enlarge, or alter any use, structure, or characteristic of

use that arises from or is necessitated by the approval of a Special
Exception Permit.

In approving a Variance Permit, the ZBA may impose appropriate conditions on
the permit approval in accordance with Section 2-200(O), Conditions of Approval.
(6) Appeal
Variance Permit may appeal from the decision of the ZBA to the Circuit Court in
and for York County by filing with the Clerk of the Court a petition setting forth
plainly, fully, and distinctly why the decision is contrary to law. The appeal shall be
filed within thirty (30) days after the decision of the ZBA is mailed. For the
(7) Recordation
The ZBA may require the applicant to record the Variance Permit with the York
County Clerk of Court. The Variance Permit shall be binding upon the landowners,
their successors, and assigns.

Development authorized by the Variance Permit shall not be carried out until the
applicant has secured all other permits required by this Ordinance or any other
applicable provisions of the City. A Variance Permit does not ensure that the
development approved as a variance shall receive subsequent approval for other
applications for permit approval unless the relevant and applicable portions of this
Ordinance or any other applicable provisions are met.
(9) Effect
Issuance of a Variance Permit shall authorize only the particular variance that is
approved in the permit. A Variance Permit, including any conditions, shall run with
the land and not be affected by a change in ownership. Land subject to an
approved Variance Permit shall not be exempted from other relevant standards in
this Ordinance which are unrelated to the standard being varied.
(10) Expiration
(a) General
begin or be completed on the Variance Permit, or both. Failure to begin
and/or complete such development activity within the time limit specified
shall void the Variance Permit. Unless specified otherwise by the ZBA, a
Variance Permit shall automatically expire:
1. One (1) year from the date of its issuance if :
a. The development authorized by the permit has not

commenced, and no substantial construction, alteration,
demolition, excavation, or other similar work required by
the permit is completed; or
b. Less than ten percent (10%) of the total amount of

development approved as part of the permit is completed,

when construction, alteration, demolition, excavation, or

other similar work is required.
2. If the development approved by the Variance Permit is

discontinued and not resumed for a period of one (1) year.
(b) Extension
the expiration of the Variance Permit.
(11) Amendment
A Variance Permit may be amended, extended, or modified only in accordance
with the procedures and standards established for its original approval.
2-300(F) Administrative Adjustments
(1) General
This section sets out the procedures and standards for Administrative
Adjustments. Administrative Adjustments may be requested for the standards
identified in Table 2-300(F), Standards Subject to Administrative Adjustments:
(2) Authority
The Development Services Director is authorized to review and approve, approve
with conditions, or deny an application for an
Administrative Adjustment in accordance with this
section. Pre-Application
Conference
(optional)
(3) Procedure
(a) Initial Submission of Application and Staff
Review
submission and review of an application are Submit
Application
Procedures.
(b) Review and Action by Development Determination of

Services Director Completeness
review and take action on the application in
accordance with the procedures and Development
Services Director
requirements of Section 2-200(M), Review by Decision
Administrative
Adjustments

TABLE 2-300(F): STANDARDS SUBJECT TO ADMINISTRATIVE ADJUSTMENTS
ALLOWABLE MODIFICATION
STANDARD
OLD TOWN OUTSIDE OLD TOWN
Any numerical dimensional standard from Table 5-100(A),
Dimensional Standards in the Residential Zone Districts, or Table Modify by up to 10%
5-100(B), Dimensional Standards in the Business Zone Districts
Modify by up to 20%
Any required setback from Tables 5-100(A) or (B) to protect root
zones of existing healthy trees retained on a site during and after Modify by up to 20%
construction
Perimeter buffer width standard from Table 6-300(F)(1), Buffer

Modify by up to 20% No reduction allowed
Classifications
Building, parapet or appurtenance height limits in Table 5-100(B),
Dimensional Standards in the Business Zone Districts, and Modify by up to 10% Modify by up to 25%
described in section 5-200(D).
Modify by up to by 5%
(only to protect root
Minimum required number of off-street parking spaces from
Modify by up to 20% zones of existing trees
Table 6-100(D)(1), Minimum Off-street Parking Standards
with 10 inch dbh or
greater)
Minimum Connectivity Index score of 1.65 (Section 6-
Modify by up to 25% Modify by up to 15%
800(A)(2)(b)(1)(c))
Limitation on the maximum number of off-street parking spaces
located between a primary building façade and the street it faces
for:
• Commercial and public and institutional development in Modify by up to 20%
the OI, LC, CC, CG, PD-C, and PD-MEC districts
(Section 6-800(C)(9)(a)(2)); or
• Large Retail Establishments (Section 6-800(D)(7))
Modify by up to 100%
(reductions allowed to
Requirement that no parking be located between a single-family protect heritage trees or
dwelling and the street it fronts (Section 6-800(E), Infill Design where space or N/A
and Development Standards) topographic considerations
prevent access to the rear
of a lot)
Front and side yard setbacks for corner lots developed with
Reduce to minimum of
Commercial or Public and Institutional Uses (Section 6-800(E), N/A
up to 5 feet
Infill Design and Development Standards)
Maximum building footprint for Commercial and Public and
Institutional Uses (Section 6-800(E), Infill Design and Modify by up to 25% N/A
Development Standards)
Glazing standards for:
• Commercial and public and institutional uses (Section
6-800(C)(4)(b)(2)); or
Modify by up to 25%
• Primary ground floor front facade glazing standards for
Large Retail Establishments (Section 6-
800(D)(2)(b)(1))

(4) Administrative Adjustment Standards

Administrative Adjustments shall be approved upon a finding the applicant
demonstrates the following standards are met:
(a) General
The requested Administrative Adjustment is not inconsistent with the
character of development in the surrounding area, and will not result in
incompatible uses.
(b) Mitigates Adverse Impacts

Any adverse impacts resulting from the Administrative Adjustment will be
mitigated to the maximum extent practicable.
(c) Technical Nature

The Administrative Adjustment is of a technical nature (i.e., relief from a
dimensional or design standard), and is either:
1. Required to compensate for some unusual aspect of the site or the

proposed development that is not shared by landowners in
general;
2. Supporting an objective or goal from the purpose and intent

statements of the zone district where located; or
3. Proposed to save healthy existing trees.
(d) Not Substantially Interfere with Convenient and Enjoyable Use of

Adjacent Land
The Administrative Adjustment will not substantially interfere with the
convenient and enjoyable use of adjacent lands, and will not pose a
danger to the public health or safety.
(e) Adjustment to Glazing Standards

With respect to the glazing standards for commercial and public and
institutional uses or Large Retail establishments:
1. The reduction in glazing is needed to address a unique

circumstance related to building location, or unique topographic or
physical feature;
2. The development exceeds the minimum façade massing

standards; and
3. Additional architectural details are included on the façade to

account for a decrease in glazing.
(f) Adjustment to Location of Off-Street Parking

With respect to the standards in the OI, CC, CG, PD-C, and PD-MEC
districts for the location of off-street parking for commercial and public and
institutional uses, or the location of off-street parking for any Large Retail
establishment:

1. The re-location of off-street parking is required to adjust for an

unusual physical aspect or natural feature on the site that is not
shared by other landowners in general, or is required due to the
unusual physical design of the development’s buildings;
2. The re-location of the off-street parking is consistent with

surrounding lands uses and development; and
3. For lots within Old Town only, the re-location of the off-street
parking is consistent with the development patterns of surrounding
lands uses and development.
(g) Connectivity Index

Adjustment to the minimum connectivity index score is allowable when it is
demonstrated the landowner has attempted to develop a street design that
complies with the connectivity index to the maximum extent practicable,
but it reasonably impossible due to either:
1. Topographical or environmental conditions; or
2. The limited number of external connections to the site, and the

physical features of the site.
(h) Building Height
An adjustment to building height in Business Zone Districts is allowable

when:

building, or constraint of the site.
2. The building is setback from property lines at least one foot for
every foot of height, and two feet for every foot of height when
adjacent to a residential district.

In approving an Administrative Adjustment, the Development Services Director
may grant a lesser modification than the maximum allowed by this section or
requested by an applicant, and may impose appropriate conditions on the permit
approval in accordance with Section 2-200(O), Conditions of Approval.
(6) Recordation
The Development Services Director may require the applicant to record the
Administrative Adjustment with the York County Clerk of Court. The Administrative
Adjustment shall be binding upon the landowners, their successors, and assigns.

Development authorized by the Administrative Adjustment shall not be carried out
until the applicant has secured all other permits required by this Ordinance or any
other applicable provisions of the City. An Administrative Adjustment shall not
ensure that the development receiving an Administrative Adjustment receives
subsequent approval for other applications for development unless the relevant

and applicable portions of this Ordinance or any other applicable provisions are
met.
(8) Effect
Issuance of an Administrative Adjustment shall authorize only the particular
Administrative Adjustment that is approved in the permit. An Administrative
Adjustment, including any conditions, shall run with the land and not be affected by
a change in ownership.
(9) Expiration
(a) General
development activity shall begin or be completed on the development
subject to an Administrative Adjustment, or both. Failure to begin and/or
complete such development activity within the time limit specified shall
void the Administrative Adjustment. Unless specified otherwise by the
Development Services Director, a Building Permit shall be obtained for the
date of approval of the Administrative Adjustment, and development shall
be completed on the Building Permit within the time allowed under the
City’s building regulations, or the Administrative Adjustment shall expire
and be void. In cases where a Building Permit is not required to establish
the use, a Certificate of Conformity (Section 2-300(P)) shall be obtained
within twelve (12) months from the date of approval, or the Administrative
Adjustment shall expire and be void.
(b) Extension
extension not to exceed six (6) months. The approval shall be deemed
extended until the Development Services Director has acted upon the
request for extension. Failure to submit an application for an extension
within the time limits established by this section shall result in the
expiration of the Administrative Adjustment.
(10) Amendment
An Administrative Adjustment may be amended, extended, or modified only in
approval.
(11) Appeals
An aggrieved party may appeal the decision of the Development Services
Director’s to the ZBA in accordance with Section 2-300(R), Appeals to ZBA from
Decisions and Interpretations of Development Services Director.
2-300(G) Historic Districts and Historic Properties
(1) Certificate of Appropriateness

(a) Purpose
The purpose of this section is to provide a mechanism for reviewing
demolition, removal, new construction, additions, or alterations of exterior
features on Historic Properties and structures within the Historic Overlay
(YH) district to ensure they comply with the standards of this section and
approved design standards.

(b) Authority
1. General
The Board of Historic Review (BHR) is
authorized to review and decide Pre-Application
Conference
applications for a Certificates of (optional)
Appropriateness.
2. Development Services Director

Preliminary
a. The BHR may, by the Comment from BHR
promulgation of written (optional)
guidelines, authorize and
delegate to the Development
Services Director, the authority
to review and approve Submit
Application
for the repair and maintenance
of any exterior building
feature, when such work Determination of
exactly reproduces the Completeness
existing design of the building
or structure, and the same or
closely similar materials are
used. Staff
Review
b. The Development Services

Director is also authorized, in Schedule
Hearing
accordance with guidelines
adopted by the BHR, to review
and make decisions on
Schedule Public
applications for Certificates of s
Notification
Appropriateness for minor
alterations or renovations.
Staff
(c) Applicability Report
1. When Required
A Certificate of Appropriateness shall
be required prior to any demolition, Board of Historic
removal, new construction, additions, Review
Hearing/ Decision
or alterations of exterior features on
Historic Properties or structures in the
Historic Overlay (YH) district.
Certificate of
Appropriateness
2. Certificate of Appropriateness Not
(BHR)
Required
Nothing in this section shall be
construed to prevent the ordinary maintenance or repair of any
exterior architectural feature of structures designated as historic
when the repair does not involve a change in design, material,
color or outer appearance of the structure. Certificates of
Appropriateness are not required for alterations to the interior of a
building or alterations to the use of a building, unless the interior of
a particular structure is specifically identified in the designation
ordinance establishing an Historic Property or Historic Overlay
(YH) district (Section 3-500(B)(2), Historic Overlay (YH) District,

and Section 2-300(A), Amendments to Text and Official Zone

District Map (Rezone).
(d) Procedure
1. BHR Review of Certificate of Appropriateness
a. Preliminary Comments : Prior to submitting an application

for a Certificate of Appropriateness, a landowner may
appear before the BHR to seek advice on matters
pertaining to this section and Section 3-500(B)(2), Historic
Overlay (YH) District.
b. Application Submission and Review : The procedures and

requirements for submission and review of an application
are established in Section 2-200, Common Procedures.
c. Review and Action by BHR :

After preparation of a Staff Report, public notification, and
scheduling of a public hearing, the BHR shall conduct a
public hearing on the application in accordance with
Section 2-200(N), Public Hearing Procedures. At the
public hearing, the BHR shall consider the application, the
relevant support materials, the Staff Report, and the
testimony given at the public hearing. After the close of
the public hearing, the BHR shall, based on the standards
in Section 2-300(G)(1)(e), Certificate of Appropriateness
Standards take one (1) of the following actions:
i. Affirm the recommendation of the Development

ii. Modify the recommendation of the Development

Services Director in the Staff Report; or
iii. Reverse the recommendation of the Development

2. Development Services Director Review of Certificate of

Appropriateness
a. Initial Submission of Application and Staff Review: The

procedures and requirements for the Development
Services Director’s review of an application in accordance
with Section 2-300(G)(1)(b)(2) are established in Section
b. Review and Action by Development Services Director :

The Development Services Director shall review and take
action on the application in accordance with Section 2-
200(M), Review by Development Services Director, and

make a decision on the application based on the

Appropriateness Standards.
c. Appeal to the BHR: The BHR shall hear appeals on

decisions of the Development Services Director on
Certificates of Appropriateness in accordance with Section
2-300(G)(6), Appeal to BHR.
(e) Certificate of Appropriateness Standards

The following standards shall be applied in determining whether to
approve, approve with conditions, or deny a Certificate of Appropriateness.
1. Affect Exterior Appearance

Whether the proposed action will affect the exterior appearance of
the subject land or structure or the appearance of any interior
portion specifically identified in any relevant designation ordnance.
2. Affect Consistent with Historical, Architectural, or Other Relevant

Qualities
Whether any such affect is consistent with the historical,
architectural, or other qualities which the relevant designation
ordinance seeks to protect and enforce.
3. Negative or Positive Impact on Neighboring Lands of Historical

Significance
Whether the proposed action will have a negative or positive
impact on neighboring lands that have historic significance.
4. Complies with Design Review Guidelines Manual

Whether the proposed Certificate of Appropriateness is in
compliance with the City’s Design Review Guidelines Manual.

In approving a Certificate of Appropriateness, the BHR or Development
Services Director, whichever is appropriate, may impose appropriate
(g) Appeal
Certificate of Appropriateness may appeal the decision to the courts of
South Carolina in accordance with S.C. Code of Laws Section 6-29-900.

Pre-Application
(2) Certificate of Hardship Conference
(optional)
(a) Purpose
The purpose of this section is to provide a
procedure for a landowner to gain relief who
Preliminary
has a Certificate of Appropriateness denied,
Comment from
or believes it is not possible to comply with BHR
the standards for approval for a Certificate of (optional)
Appropriateness.
(b) General Submit

The BHR is authorized to review and decide Application
applications for Certificates of Hardship.
(c) Procedure Determination of

1. Application Submission, Review, Completeness
Notification, and Scheduling Hearing
application are established in Section Staff
Review
2. Review and Action by BHR Schedule

Hearing
of a public hearing, the BHR shall
Schedule Public
conduct a public hearing on the s
Notification
application in accordance with
Section 2-200(N), Public Hearing
Procedures. At the public hearing, Staff
the BHR shall consider the Report
application, the economic feasibility
analysis, the relevant support
materials, and the testimony given at Board of Historic
the public hearing. After the close of Review
the public hearing, the BHR shall Hearing/Decision
Hardship
Hardship Standards.
(BHR)
(d) Economic Feasibility Analysis Required
Any application for a Certificate of Hardship shall be accompanied by an
Economic Feasibility Analysis prepared by a South Carolina Licensed or
Certified Appraiser in accordance with the South Carolina Uniform
Standards of Professional Appraisal Practice, and shall include all of the
following:
1. An “as is” market value estimate of the structure(s) based upon

the highest and best use of the site as improved;
2. An “after-rehabilitation” market value estimate of the structure(s)

based upon the highest and best use of the site as improved;

3. A land value analysis based on the highest and best use of the
site as vacant land regardless of whether the highest and best use
of the site as vacant land differs from the highest and best use of
the land as improved; and
4. A verifiable estimate of rehabilitation costs obtained from market

sources, (e.g., an actual cost estimate from a licensed South
Carolina contractor, data on actual costs experienced during
rehabilitation of similar structures in the area, or information from
contractors who are experienced in historic building
rehabilitation/renovation).
(e) Hardship Standards

A Certificate of Hardship shall be approved only upon a finding that the
economic feasibility analysis indicates that the “as-is” market value and
rehabilitation costs exceed the “after-rehabilitation” market value by fifteen
percent (15%) or more.

In approving a Certificate of Hardship, the BHR may impose appropriate
(g) Appeal
Certificate of Hardship may appeal the decision to the York County Circuit
Court in accordance with S.C. Code of Laws Section 6-29-900.
(3) Submission of New Application After Disapproval

If the BHR or Development Services Director denies a Certificate of
Appropriateness or Certificate of Hardship, the applicant may, at any time, submit
a new application with new information addressing the written reasons for
disapproval.
(4) Expiration
(a) General
The BHR or Development Services Director (whichever approved the
permit) may prescribe a time limit within which development activity or
demolition shall begin or be completed (or both) on the Certificate of
Appropriateness or Certificate of Hardship. Failure to begin and/or
complete such activity within the time limit specified shall result in the
expiration of the Certificate. Unless specified otherwise by the BHR or
Development Services Director (whichever approved the permit), the
approved activity shall occur within twelve (12) months from the date of
approval, or the Certificate shall immediately expire and be void.
(b) Extension
expiration of the Certificate of Appropriateness or Certificate of Hardship
by the applicant, and upon a showing of good cause, the BHR or
Development Services Director (whichever approved the permit) may
grant one (1) extension not to exceed six (6) months. The approval shall
be deemed extended until the BHR or Development Services Director
(whichever approved the permit) has acted upon the request for extension.

Failure to submit an application for an extension within the time limits

established by this section shall result in the expiration of the Certificate.
(5) Amendment
A Certificate of Appropriateness or Certificate of Hardship may be amended,
extended or modified only in accordance with the procedures and standards
(6) Appeal to BHR

(a) General
The BHR shall hear appeals made by any aggrieved party by a decision of
the Development Services Director with regards to a decision on a
Certificate of Appropriateness or any other matter related to the
administration of this section and Section 3-500(B)(2), Historic Overlay
(YH) District, by filing a written appeal with the Development Services
Director within ten (10) business days of the decision. The appeal shall
specify the grounds for the appeal.
(b) Procedures
The procedures for appeal are the same as those established in Section 2-
300(R), Appeals to ZBA from Decisions and Interpretations of the
Development Services Director, except the appeal shall be heard by the
BHR instead of the ZBA.
2-300(H) Site Plan
(1) Purpose
Site Plan review is required to ensure that the layout and general design of
proposed development is compatible with surrounding uses and complies with:
Article 6: Development and Design Standards, Article 7: Subdivision Standards,
this Ordinance, and all other applicable City regulations.
(2) Applicability
All development, unless exempted in accordance with Section 2-300(H)(3),
Exemptions, shall be required to have either a Minor Site Plan or a Major Site Plan
approved in accordance with this section prior to issuance of a Building Permit.
(3) Exemptions
The following development shall be exempted from the requirements of this
section (but are not exempted from Section 2-300(O), Zoning Permit, and Section
2-300(P), Certificate of Conformity):
(a) Single-Family Development

Single-family development on a single lot.
(b) Two-Family Development

Two-family dwelling development on a single lot.
(c) Internal Construction

Internal construction that does not increase gross floor area, increase the
density or intensity of use, or affect parking requirements.

(4) Minor Site Plan

(a) Applicability Pre-Application
The following development, unless exempted Conference
(optional)
in accordance with Section 2-300(H)(3),
Exemptions, constitutes a Minor Site Plan,
and shall be reviewed in accordance with this
section.
Submit
1. Residential Development Application
Multiple family, townhouse, two- to
four-family, single-family attached,
and Group Living uses of less than
twenty-five (25) units. Determination of
Completeness
Non-residential development of less
than twenty thousand (20,000) Development
square feet. Services Director
Decision
(b) Authority
The Development Services Director is
authorized to review and approve, approve Minor Site Plan
with conditions, or deny a Minor Site Plan.
(c) Procedures
1. Submission and Review of Application
The procedures and requirements for submission and review of a
Minor Site Plan are established in Section 2-200, Common
Procedures.

on the application for a Minor Site Plan in accordance with the
procedures and requirements of Section 2-200(M), Review by
Development Services Director, and based on the standards in
3. Successive Applications
Any subsequent development on or adjacent to land subject to a
Minor Site Plan under the same ownership which is intended to
expand, share, or be a part of the development approved as part
of the Minor Site Plan shall be reviewed as a Major Site Plan in
accordance with Section 2-300(H)(5), Major Site Plan.
(5) Major Site Plan

(a) Applicability
2-300(H)(3), Exemptions, constitutes a Major Site Plan, and shall be
reviewed in accordance with this section.
1. Residential Development
Multiple family, townhouse, two- to four-family, single-family
attached, and Group Living uses of twenty-five (25) units or more.

Non-residential development of Pre-Application
twenty thousand (20,000) square feet Conference
(if meet threshold)
or more.
(b) Authority
The Planning Commission is authorized to
review and approve, approve with conditions, Submit
or deny a Major Site Plan. Application
(c) Procedures
1. Submission and Review of
Application Determination of
The procedures and requirements for Completeness
submission and review of a Major
Site Plan are established in Section
2-200, Common Procedures. Staff Review/
Report
2. Review and Action by Planning
Commission
After receipt of a Staff Report on a
Major Site Plan application from the Planning
Commission
Development Services Director, the
Decision
Planning Commission shall review
and consider the application, the Major Site Plan
relevant support materials, the Staff
Report, and any comments given at
the meeting. The Planning Commission shall approve, approve
with conditions, or deny the application based on the standards in
(6) Site Plan Standards

A Site Plan shall be approved only upon a finding the applicant demonstrates all of
the following standards are met:
(a) Use Allowed in Zone District

The use is allowed in the zone district in accordance with Table 4-100(B),
Table of Allowed Uses.
(b) Zone District Use-Specific Standards

The development and uses in the Site Plan comply with Section 4-300,
Use-Specific Standards.
(c) Development and Design Standards

design comply with all appropriate standards in Article 6: Development and
Design Standards.
(d) Subdivision Standards

design comply with all appropriate standards in Article 7: Subdivision
Standards.


In approving a Site Plan, the Planning Commission or the Development Services
Director (whichever approved the Site Plan), may impose appropriate conditions
on the permit approval in accordance with Section 2-200(O), Conditions of
Approval.
(8) Expiration
(a) General
The Planning Commission or Development Services Director (whichever
approved the Site Plan) may prescribe a time limit within which
development activity shall begin or be completed, or both. Failure to begin
and/or complete such development within the time specified shall void the
Site Plan. Unless specified by the Planning Commission or the
Development Services Director (whichever approved the Site Plan), a Site
Plan approval shall automatically expire at the end of twelve (12) months
after the date of its issuance if a Building Permit for at least one (1)
building in the development proposed in the Site Plan is not approved. A
change in ownership of the land does not affect this time frame.
(b) Extension
good cause, the Planning Commission or the Development Services
Director (whichever approved the Site Plan) may grant one (1) extension
not to exceed six (6) months. The approval shall be deemed extended
until the Planning Commission or the Development Services Director
(whichever approved the Site Plan) has acted upon the request for
extension. Failure to submit an application for an extension within the time
limits established by this section shall render the Site Plan void.
(9) Amendments
A Site Plan may be amended, extended, or modified only in accordance with the
procedures and standards established for its original approval.
2-300(I) Subdivision
(1) Purpose
The purpose of this section and Article 7: Subdivision Standards, are to promote
the health, safety, morals, convenience, order, prosperity and welfare of the
present and future inhabitants of the City by:
(a) Orderly Growth and Development

Providing for the orderly growth and development of the City.
(b) Coordinating Streets and Roads with City’s Planned Street System
and Other Public Facilities
Coordinating streets and roads within proposed subdivisions with the
City’s planned street system, and with other public facilities.
(c) Right-of-Way for Streets and Utilities

Providing right-of-way easements for streets and utilities.
(d) Avoiding Congestion and Overcrowding

Avoiding congestion and overcrowding, and encouraging the proper
arrangement of streets in relation to existing or planned streets.

(e) Open Space and Recreation Facilities

Ensuring there is adequate open space and recreation facilities to serve
development.
(f) Proper Land Records

Ensuring there is proper recordation of landownership records.
(g) Protect Health, Safety, and Welfare

Ensuring the provision of such other matters as the City Council may
deem necessary in order to protect the general health, safety, and welfare
of the City.
(2) Applicability
(a) General
2-300(I)(3), Exemptions, is required to have land subdivided in accordance
with the procedures and standards of this section prior to the transfer of
title or sale of any lots, or the issuance of a building permit for
development.
1. The division of land into two (2) or more lots, building sites, or
other divisions for the purpose of immediate or future sale, lease,
or building development;
2. All divisions of land involving a new street or change in existing

streets;
3. Re-subdivision involving the further division or relocation of lot

lines of any lot or lots within an already approved subdivision; and
4. The combination or consolidation of lots of record.
(b) Overview of Development Permits Required

Every subdivision of land is classified as either (1) a Minor Subdivision, or
(2) a Major Subdivision. A Minor Subdivision or Final Plat for Subdivision
shall be approved for any subdivision prior to the transfer of title or sale of
any lots for the land subject to subdivision.
(3) Exemptions
The following development shall be exempt from the requirements of this section:
(a) Combination or Recombination of Previously Platted Lots

The combination or recombination of portions of previously platted lots
where the total number of lots is not increased, and where the
Development Services Director determines there are no significant
changes to or encroachment upon the public street systems required, and
where the lot sizes comply with the standards set forth in the zone district
where the land is located.
(b) Land For Widening or Opening Streets

The public acquisition by purchase of strips of land for the widening or
opening of new streets.
(c) Partition of Land by Court

The partition of land by Court decree.

(4) Minor Subdivision

(a) General Pre-Application
The minor subdivision procedure shall be Conference
(optional)
utilized for the subdivision of land into fewer
than four (4) lots when:
1. No New Streets, Alleys, or Other

Public Ways Submit
No new streets, alleys, or other public Application
ways are created.
2. No Changes to Existing Streets,

Alleys, or Other Public Ways Determination of
No changes are made to the existing Completeness
rights-of-way of any streets, alleys, or
other public ways.
Development
3. No New Utilities Services Director
No new utilities are required to serve Decision
the subdivided land.
4. Complies with Article 7: Subdivision Minor

Standards Subdivision
The division of land complies with the
standards of Article 7: Subdivision
Standards.
5. No Flag Lots in Residential Zone District

No flag lot is created in a residential district that is inconsistent
with existing development patterns.
6. Lots Have Direct Access to Public Street

The lots have direct access onto a public street that has been
accepted for maintenance by the appropriate agency.
(b) Procedure
application are established in Section 2-200, Common
Procedures.

on the application for Minor Subdivision in accordance with
Section 2-200(M), Review by Development Services Director.
(c) Standards
A Minor Subdivision shall be approved on a finding the application
complies with the standards in Article 7: Subdivision Standards, all other
relevant provisions of this Ordinance, and all other relevant City
ordinances and regulations.

(d) Recordation
The subdivider shall file an approved Plat for Minor Subdivision with the
York County Clerk of Court for recording within ten (10) days after the date
of approval or the approved plat shall expire.
(e) Amendments
A Plat for Minor Subdivision may be amended, extended, or modified only
in accordance with the procedures and standards established for its
original approval.
(f) Successive Applications

Any subsequent subdivision of land already subject to a Minor Subdivision
approval shall be in accordance with Section
2-300(I)(5), Major Subdivision.
Pre-Application
(5) Major Subdivision Conference
(a) Applicability (if meet threshold)
The standards and procedures of this
subsection shall apply to all subdivision of
land not exempted in accordance with
Section 2-300(I)(3), Exemptions, or
Submit
considered a Minor Subdivision in Application
accordance with Section 2-300(I)(4), Minor
Subdivisions.
(b) Preliminary Plat Determination of

1. General Completeness
A Preliminary Plat for Subdivision
establishes the general layout and
design for the subdivision. Upon the
Staff
approval of a Preliminary Plat for Review/
Subdivision, detailed plans for street Report
construction, utility line installations,
and similar approvals shall be
included in Detailed Construction
Plans (Section 2-300(I)(5)(c)), and Planning
then on an Intermediate Field Survey Commission
Decision
Plat (Section 2-300(I)(5)(d)). Once
an Intermediate Field Survey Plat is
approved, construction can begin.
Building Permits may not be issued Preliminary
before approval of a Final Plat for Subdivision Plat
Subdivision.
2. Application Review
application for a Preliminary Plat for Subdivision are established in
3. Review and Action by Planning Commission

The Development Services Director shall refer the Staff Report on
the Preliminary Plat for Subdivision to the Planning Commission
on the date the application is being considered at a regularly
scheduled meeting. At the meeting, the Planning Commission
shall consider the application, the relevant support materials, the

Staff Report, and any comments given during the meeting. During
the meeting, the Planning Commission shall approve, approve
with conditions, or deny the Preliminary Plat for Subdivision based
on the standards in Section 2-300(I)(5)(b)(4), Preliminary Plat
Standards. The Planning Commission shall act on the application
for Preliminary Plat for Subdivision within sixty (60) days of the
application’s referral from the Development Services Director
(unless a longer review period is agreed upon between the
Planning Commission and subdivider).
4. Preliminary Plat for Subdivision Standards

A Preliminary Plat for Subdivision shall be approved upon a finding
the application complies with the standards in Article 7:
Subdivision Standards, all other relevant provisions of this
Ordinance, and all other relevant City ordinances and regulations.
5. Conditions
In approving a Preliminary Plat for Subdivision, the Planning
Commission may impose appropriate conditions on the permit
approval in accordance with Section 2-200(O), Conditions of
Approval.
Approval of a Preliminary Plat for Subdivision shall constitute
approval of the development with the general lot shapes and
alignments of streets identified on the Preliminary Plat. Approval
of a Preliminary Plat for Subdivision allows the subdivider to
proceed to the Detailed Construction Plan and Intermediate Field
Survey Plat phases of subdivision approval (see Section 2-
300(I)(5)(c) and (d)). Approval of a Preliminary Plat for
Subdivision allows the subdivider to apply for a Grading Permit
(Section 2-300(K)) necessary for construction of streets and public
utilities. Approval of a Preliminary Plat for Subdivision does not
constitute approval of a Final Plat for Subdivision. The Preliminary
Plat for Subdivision shall run with the land.
7. Expiration
a. The approval of a Preliminary Plat for Subdivision shall
expire at the end of twelve (12) months from the date
approval was granted by the Planning Commission unless
the applicant has:
i. Received approval of Detailed Construction Plans

for a portion of the Preliminary Plat;
ii. Received approval of an Intermediate Field

Survey Plat for a portion of the Preliminary Plat;
and
iii. Begun construction of all or a portion of the

required public improvements.
b. In the event a Final Plat for Subdivision for all or a portion

of the Preliminary Plat for Subdivision is not applied for
within five (5) years of the original approval date of the

Preliminary Plat for Subdivision, the City may require that

the Preliminary Plat, Detailed Construction Plans, and
Intermediate Field Survey Plat be amended and updated
to comply with all standards in effect at the time of its re-
review.
8. Extension
Upon written application submitted at least thirty (30) days prior to
the expiration of the permit by the applicant and upon a showing of
good cause, the Planning Commission may grant one (1)
extension not to exceed six (6) months. The approval shall be
deemed extended until the Planning Commission has acted upon
the request for extension. Failure to submit an application for an
extension within the time limits established by this section shall
render the Preliminary Plat for Subdivision void.
9. Amendment
A Preliminary Plat for Subdivision may be amended, extended, or
(c) Detailed Construction Plans

1. General
Within twelve (12) months of the approval of the Preliminary Plat
for Subdivision, Detailed Construction Plans shall be approved in
accordance with this section. Detailed Construction Plans are
engineered drawings depicting the precise design, location, and
profile of all public facilities proposed for development of the
subdivision, including, but not limited to streets, street markings,
street signs, sidewalks, public pedestrian pathways or trails,
potable water lines, sanitary sewer lines, public utility meter
locations, storm drains, fire suppression systems, and locations of
conduit crossings for private utilities.

application for Detailed Construction Plans are established in

on the Detailed Construction Plans in accordance with Section 2-
200(M), Review by Development Services Director.
4. Detailed Construction Plan Standards

Detailed Construction Plans shall be in substantial conformance
with the approved Preliminary Plat for Subdivision (Section 2-
300(I)(5)(b)), the standards in Article 7: Subdivision Standards,
and City Construction Standards.
Approval of Detailed Construction Plans allows a subdivider to
proceed with preparation of an Intermediate Field Survey Plat (see
Section 2-300(I)(5)(d)). An application for approval of an
Intermediate Field Survey Plat may be submitted concurrently with

Detailed Construction Plans, but may not be approved prior to

approval of Detailed Construction Plans.
6. Amendment
Detailed Construction Plans may be amended, extended, or
(d) Intermediate Field Survey Plat

1. General
Within twelve (12) months of the approval of a Preliminary Plat,
and after or concurrent with approval of Detailed Construction
Plans, a subdivider shall submit an application for an Intermediate
Field Survey Plat. The Intermediate Field Survey Plat is not the
recorded Final Plat for Subdivision. The subdivider shall receive
approval of a Final Plat for Subdivision prior to the conveyance or
sale of lots, or the issuance of Building Permits for structures on
lots. The Intermediate Field Survey
Plat is based on an actual field survey
Submit
of all street rights-of-way with the front Application
property corners of each lot staked.
Once the Intermediate Field Survey
Plat is approved in accordance with
this section, no changes shall be made Determination of
to the plat or in the field, except as an Completeness
amendment. Upon approval of an
Intermediate Field Survey Plat, the
subdivider may begin construction of Staff Review/
the public facility improvements Report
approved as part of the Detailed
Construction Plans.
2. Initial Submission of Application and Development

Staff Review Services Director
The procedures and requirements for Decision
application for an Intermediate Field Intermediate Field
Survey Plat are established in Section Survey Plat or Plan
2-200, Common Procedures. An
Intermediate Field Survey Plat may be submitted for review
concurrently with the Detailed Construction Drawings.

on the application for an Intermediate Field Survey Plat in
accordance with Section 2-200(M), Review by Development
Services Director.
4. Intermediate Field Survey Plat Standards

The Intermediate Field Survey Plat shall be approved upon a
finding the application complies with the standards in Article 7:
Subdivision Standards, is in substantial conformance with the
Preliminary Plat for Subdivision and the appropriate Detailed
Construction Plans, and complies with all other relevant provisions

of this Ordinance, and all other relevant City ordinances and

regulations.
Approval of an Intermediate Field Survey Plat allows the
subdivider to construct the required public improvements and
utilities in accordance with the Detailed Construction Plans, Article
7: Subdivision Standards, and any other relevant requirements of
this Ordinance.
6. Amendment
An Intermediate Field Survey Plat may be amended, extended, or
(e) Inspection of Public Improvements

1. Following approval of a Grading Permit (see Section 2-300(K)),
the subdivider may construct and install all required public
improvements in accordance with the Detailed Construction Plans
and Intermediate Field Survey Plat. Following construction, the
subdivider shall submit a request for inspection of public
improvements to the Public Services Director.
2. The Public Services Director shall have sixty (60) days after the
request for inspection to inspect and certify the public
improvements as being constructed in accordance with the
requirements of this Ordinance or to provide the subdivider with a
list specifying all defects, deficiencies, and required repairs.
3. When all required public improvements have been approved by

the Public Services Director, the subdivider may apply for a Final
Plat for Subdivision.
4. Deferral of Sidewalk Installation

In cases where the subdivision is proposed for single-family
detached development, the installation of sidewalks may be
deferred for a period of time not to exceed one (1) year from the
date of Final Plat for Subdivision approval, provided:
a. The subdivider provides the City with cash in escrow or a

letter of credit in accordance with Section 7-100(D),
Improvement Guarantees for Public Improvements;
b. The Final Plat for Subdivision includes a statement of

bonding in accordance with Section 7-100(D)(5),
Statement of Guarantee; and
c. A four- (4) inch sidewalk section is used in accordance

with Appendix 7-A when deferred installation is approved.
5. Warranty Period Following Passing Inspection

a. Following approval of required public improvements
(including street pavement, curb and gutter, and
sidewalks) in accordance with this section, a two- (2) year
warranty period begins, during which time the subdivider

shall provide routine maintenance of the public

improvements. Following the warranty period, the
subdivider shall request a final inspection of the
improvements by the Public Services Director, who shall
have sixty (60) days to complete the final inspection.
b. When the public improvements pass final inspection, the

City shall accept full maintenance responsibility and shall
release any remaining public improvement guarantees.
For the purposes of this section, passing of the final
inspection shall be considered as acceptance of the public
improvements.
c. The installation of required public improvements shall in

no case bind the city to accept any such improvements for
public maintenance or operation thereof, until the Public
Services Director has accepted the improvements in
accordance with the standards in this Ordinance.
(f) Final Plat for Subdivision

1. General
After approval of an Intermediate Field Survey Plat and
construction of the required public improvements in conformance
with the relevant Detailed Construction Plans, or posting of a letter
of credit or cash in-lieu of completion of the public improvements
in accordance with Section 7-100(D), Improvement Guarantees for
Public Improvements, the subdivider shall prepare a Final Plat for
Subdivision for review in accordance with this section.

application for Final Plat for Subdivision are established in Section
3. Action by Development Services

Director
Submit
The Development Services Director
Application
shall review and take action on the
application for Final Plat for Subdivision
in accordance with the procedures and
requirements of Section 2-200(M),
Determination of
Review by Development Services Completeness
Director.
4. Final Plat Standards Staff Review/

The Final Plat for Subdivision shall: Report
a. Comply with the standards

contained in Article 7:
Subdivision Standards, Development
Services Director
b. Be in substantial conformance Decision
with the Preliminary Plat for
Subdivision, the Detailed Final Subdivision
Plat

Construction Plans, and the Intermediate Field Survey

Plat;
c. Be consistent with all other relevant provisions of this

Ordinance;
d. Be consistent with all other relevant City ordinances and

regulations;
e. Indicate the installation of required public improvements in

accordance with the approved Detailed Construction
Plans (Section 2-300(I)(5)(c)); and
f. Include the following certificates, which shall be signed by

the subdivider and the Development Services Director:
Certificate of Accuracy (Appendix 2-A); Certificate of
Ownership and Dedication (Appendix 2-B); Certification of
Approval of the Installation and Construction of Street,
Utilities, and Other Required Improvements (Appendix 2-
C); Certification of Approval of Compliance with the
Stormwater Management and Sediment Control Act of
1991 (Appendix 2-D); and Certificate of Approval of
Recording (Appendix 2-E).
5. Recordation
The Subdivider shall file the approved Final Plat for Subdivision
with the York County Clerk of Courts for recording within ten (10)
days after the date of approval of the Final Plat for Subdivision or
the Final Plat for Subdivision shall expire.
6. Completion of Required Public Improvements Prior to Issuance of

Building Permits
Except for sidewalks deferred in accordance with Section 2-
300(I)(5)(e)(4), all public improvements shall be completed,
inspected, and approved in accordance with Section 2-
300(I)(5)(e), Inspection of Public Improvements, prior to the
issuance of the first Building Permit for development within the
subdivision.
7. Effect of Final Plat

The approval of a Final Plat for Subdivision shall not be deemed to
constitute or effect the acceptance by the City of the dedication of
any street, public utility line, or other public facility shown on the
plat. Upon satisfactory completion of the two- (2) year warranty
period (see Section 2-300(I)(5)(e)(5)), streets, utility lines, and
other public improvements shall be accepted by the City.
However, the City may by resolution accept any dedication made
to the public of lands or facilities for streets, parks, or public utility
lines. The City has no obligation to open any street even after
acceptance of dedication.
8. Amendment
Final plats may be amended or modified only in accordance with
the procedures and standards established for its original approval,

subject to the standards in Section 1-

1000, Vested Rights to Develop Pre-Application
Property. Conference
(if meet threshold)
(g) Conservation Subdivision

1. General
A Conservation Subdivision may be Neighborhood
approved if it complies with the Meeting
procedures of this section and the (optional)
standards of Section 7-200,
2. Procedure Submit
review of a Conservation Subdivision
shall be the same as those for a
Determination of
(Section 2-300(I)(5)(b)), and once
Completeness
approved, it shall be considered to
have received approval of a
Preliminary Plat for Subdivision, in
addition to approval as a Staff
Conservation Subdivision. A Review/
Conservation Subdivision shall be Report
subject to all the other requirements
of subdivision, and shall be required
to receive approval of Detailed Planning
Construction Plans (Section 2- Commission
300(I)(5)(c)), an Intermediate Field Decision
Survey Plat (Section 2-300(I)(5)(d)),
and Final Plat for Subdivision
(Section 2-300(I)(5)(f)). Conservation
Subdivision
3. Conservation Subdivision Standards
In addition to complying with the
standards for the approval of subdivision, a Conservation
Subdivision shall comply with the standards in Section 7-200,
2-300(J) Stormwater Management and Sediment Control Plan

This section is intended to provide the standards, approval criteria, and procedures
for addressing the installation and proper maintenance of on-site stormwater
management and sediment control devices and activities associated with land
disturbing activities subject to this Ordinance. This section is not intended for
application to stormwater management actions that are outside the scope of this
Ordinance and subject to the provisions in the City Code of Ordinances. The
purpose of this section is to protect for posterity the natural assets and resources
of Rock Hill and the general health, safety, and welfare of the people of Rock Hill,
South Carolina by requiring a Stormwater Management and Sediment Control
Plan, and to:

(a) Protect the land and waters from the adverse effects of excessive soil
erosion, sedimentation and storm water through good and responsible
development;
(b) Prevent the erosion of soils, sedimentation of streams, and silting of lakes;
(c) Provide unobstructed and sanitary channels for storm water runoff;
(d) Control storm water runoff from developing areas;
(e) Eliminate the encroachment of uses incompatible with natural drainage

channels;
(f) Enhance the water quality of surface and groundwater and promote
groundwater recharge;
(g) Prevent pollution of watersheds, streams and natural drainage channels;
(h) Reduce the damage potential of flood water and protect properties near
land disturbing activities;
(i) Conserve and protect the City’s natural and scenic resources for future
generations to enjoy;
(j) Achieve the following objectives:
1. Protect human life and health;

2. Minimize public and private property damage resulting from
erosion, sedimentation, and flooding;
3. Regulate development, which may, when acting alone or in
combination with similar development, create a demand for public
investment in flood-control works, by requiring protection against
flood damage at the time of initial construction and afterwards;
4. Insure, as far as possible, and efficient drainage system that will
not result in excessive public or private moneys being used for
maintenance and replacement of portions of the system;
5. Insure that the design of the drainage system will be consistent
with good engineering practices and design;
6. Provide temporary and permanent erosion and sediment control
measures to protect individuals occupying land adjacent to and
downstream from proposed developments from being damaged by
sediment originating from within or because of the proposed
development;
7. Provide for development of area with minimum adverse effects to
the natural environment;
8. Encourage wise use of the City’s economic and fiscal resources;
9. Utilize on-site storage or other structural measures before using
existing channel capacity for flood flows;

10. Utilize appropriate public open spaces for both open space uses
(parks, recreational use, etc.) and the temporary storage of
excessive storm water;
11. Keep the drainage system as natural and aesthetically pleasing as
possible;
12. Promote a comprehensive approach to the control of nuisance
flooding and storm water runoff;
13. Minimize the need for rescue and relief efforts associated with
flooding generally undertaken at the expense of the general
public;
14. Minimize prolonged business interruptions;
15. Minimize damage to public facilities and utilities such as water and
gas mains, electric, telephone and sewer lines, and streets and
bridges; and
(k) Establish procedures through which these purposes can be fulfilled.
(2) Applicability
Unless exempted by Section 2-300(J)(3), Exemptions, the standards in this section
shall apply to all land disturbing activities that are subject to the standards in this
Ordinance.
(3) Exemptions
The following activities are exempt from the requirement to obtain a Stormwater
Management and Sediment Control Plan:
(a) Land disturbing activities on agricultural land for production of plants and
animals useful to man;
(b) Land disturbing activities undertaken on forest land for the production and
harvesting of timber and timber products (harvesting of timber prior to
obtaining a Land Development Permit is not permitted);
(c) Activities undertaken by persons who are otherwise regulated by the

provisions of Chapter 20, Title 14, of The South Carolina Mining Act;
(d) Land disturbing activities, other that activities identified in (e) below, that
are conducted under another state or federal environmental permitting,
licensing, or certification program where the state or federal environmental
permit, license, or certification is conditioned on compliance with the
minimum standards and criteria developed under this Ordinance;
(e) Any of the following land disturbing activities, if undertaken by any person
that provides gas, electrification, or communications services, subject to
the jurisdiction of the South Carolina Public Service Commission, or
corporations organized and operating pursuant to State Law Section 33-
49-10 et seq.:
1. Land disturbing activities conducted pursuant to a certificate of

environmental compatibility and public convenience and necessity
issued pursuant to Title 58, Chapter 33, of the South Carolina
Code, or land disturbing activities conducted pursuant to any other

certification or authorization issued by the Public Service

Commission;
2. Land disturbing activities conducted pursuant to a federal

environmental permit, including Section 404 of the Federal Clean
Water Act, and including permits issued by the Federal Energy
Regulatory Commission;
3. Land disturbing activities associated with emergency maintenance

or construction of electric, gas, or communications facilities, when
necessary to restore service or when the Governor declares the
area to have sustained a disaster and the actions are undertaken
to protect the public from a threat to health or safety;
4. Land disturbing activities associated with routine maintenance

and/or repair of electrical, gas, or communications lines;
5. Land disturbing activities associated with the placement of poles

for overhead distribution or transmission of electric energy or of
communications services;
6. Land disturbing activities associated with placement of

underground lines for distribution or transmission of electric energy
or of gas or communications services;
7. Land disturbing activities conducted by a person filing

environmental reports, assessments or impact statements with the
United States Department of Agriculture, Rural Electrification
Administration in regard to a projects;
(f) Activities relating to the routine maintenance and/or repair or rebuilding of

the tracks, right-of-way, bridges, communication facilities and other related
structures and facilities of a railroad company;
(g) Activities undertaken on state-owned or managed lands that are otherwise

regulated by the provisions of Chapter 18 of the South Carolina Erosion
and Sediment Reduction Act;
(h) Construction of a pond, lake or reservoir which is singly built and not part
of a permitted land disturbing activity, in accordance with the following:
1. A storm water management and sediment control plan will not be

required if the pond, lake, or reservoir is permitted under the SC
Dams and Reservoirs Safety Act or has received a Certificate of
Exemption from the SC Dams and Reservoirs Safety Act provided
best management practices are used to minimize the impact of
erosion and sediment;
2. Land disturbing activities for ponds, lakes, and reservoirs which do

not have a permit under the SC Dams and Reservoirs Safety Act
shall submit a storm water management and sediment control plan
prior to beginning the land disturbing activity if the activity
otherwise meets the size requirements for storm water
management and sediment control plan approval; and

(i) Minor land disturbing activities that would not violate the integrity of this
section, as determined by the Development Services Director.
(4) Relationship Between Stormwater Management and Sediment Control Plan,

Grading Permit, and Disturbance of Land
(a) Unless otherwise provided within this ordinance, the surface of land in the
City shall not be disturbed or altered for any purpose whatsoever, except
in accordance with a Stormwater Management and Sediment Control Plan
approved in accordance with the standards in this Ordinance.
(b) The applicant shall agree in writing to carry out the approved Plan,
indemnify any person damaged by failure to comply therewith and allow
the Approving or Enforcement Authorities to enter upon the project site.
(c) After the plan is approved, a Grading Permit may be issued by the City in
accordance with the standards in Section 2-300(K), Grading Permit.
(5) Existing Disturbed Areas

(a) All disturbed areas greater than one (1) acre in the City existing on April 1,
2003 which resulted from land disturbing activities not exempted by this
Ordinance, that are subject to continued accelerated erosion and/or
sediment shall be provided with ground cover or other protective
measures, structures, or devices sufficient to control the accelerated
erosion and sedimentation.
(b) The Development Services Director shall serve notice by certified mail,
return receipt requested to the respective landowner specifically stating
deficiencies. This notice shall require that corrective action, including a
schedule for that corrective action, be submitted by the landowner within
thirty (30) days of receipt of the notice. The response may be in form of a
letter or plan, and it should provide the following information:
1. The location where the measures are to be installed; and
2. The date by which the measures are to be installed.
(c) Should the landowner fail to comply with the requirements of the notice
and specified corrective action, the landowner shall be subject to penalties
as set for in Article 9: Enforcement.
(6) Procedure
(a) Written Statement of Financial Responsibility
All Stormwater Management and Sediment Control Plan applications shall
be accompanied by a written statement of financial responsibility and
ownership. This statement shall be signed by the applicant or authorized
agent. The statement shall include the mailing and street addresses of the
principal place of business of the person financially responsible and the
owner of the land or their registered agents. The statement shall certify
that the land disturbing activity will be accomplished pursuant to the
approved plan and that responsible personnel will be assigned to the
project. The statement shall also certify that City officials have the
authority to conduct onsite inspections both before and after approval of
the plan.

(b) Approval of Application

1. Upon submittal of the completed Grading Permit Application and
accompanying documents, the Stormwater Management and
Sediment Control Plan will be placed in queue for review. If, after
review, the plan conforms to the requirements of this Ordinance,
the Development Services Director shall approve the plan.
2. The plan is not to be considered approved without the inclusion of

an approval stamp, signed, and dated by the Development
Services Director. The stamp is solely an acknowledgment of
satisfactory compliance with the requirements of these standards.
The approval stamp does not constitute a representation or
warranty to the applicant or to any other person concerning the
safety, appropriateness or effectiveness of any provision, or
omission from the Stormwater Management and Sediment Control
Plan.
3. Following approval of a Stormwater Management and Sediment

Control Plan, a Grading Permit may be issued to the applicant
unless there are violations of other city ordinances on the site, or
unless the project has not yet received preliminary subdivision plat
approval. A copy of the approved Stormwater Management and
Sediment Control Plan should be reasonably available to the job
site and the issued Grading Permit shall be posted at the job site
in a conspicuous place.
4. Approvals of plans approved prior to July 1, 2003 shall remain in

effect for the original terms of the approval. If the term expires
before the land disturbing activities are initiated, the applicant shall
resubmit the Stormwater Management and Sediment Control Plan
for review in accordance with the requirements in this section.
(c) Timing of Review

1. Type A Development
Review of any plans or revised plan for Type A (Single Residential
lots and minor subdivisions) shall be completed within five (5)
business days from the date of receipt of the complete application.
If at the end of five (5) business days a decision or conditional
decision has not been reached, the applicant shall be issued a
Grading Permit.
2. Type B Development Less than Five Acres

Review of any plan or revised plan less than five (5) acres for
shall be completed within ten (10) business days from the date of
submittal. If at the end of the (10) business days a decision or
conditional decision has not been reached, the applicant shall be
issued a Grading Permit.
3. Type B Development of Five Acres or More

Review of any plan or revised plan for five (5) acres or greater of
shall be completed within twenty (20) business days from the date
of receipt of the complete application. If at the end of twenty (20)

business days a decision or conditional decision has not been

reached, the applicant shall be issued a Grading Permit.
(d) Other Required Authorizations

The applicant is responsible for any authorization, permit, bonds, or other
securities as required by applicable Federal, State, or local laws,
regulations or ordinances for any part of the proposed work to be done
under the plan.
(e) Application to Phased Projects

A Stormwater Management and Sediment Control Plan shall be filed for a
residential development and the buildings constructed within, regardless of
the phasing of construction.
1. In applying the Stormwater Management and Sediment Control

criteria, individual lots in a residential subdivision development
shall not be considered to be separate land disturbing activity
projects and shall not require individual permits. Instead, the
residential subdivision development, as a whole, shall be
considered to be a single land disturbing activity project.
Hydrologic parameters that reflect the ultimate subdivision
development shall be used in all engineering calculations.
2. If individual lots or sections in a residential subdivision are being

developed by different property owners, all land-disturbing
activities related to the residential subdivision shall be covered by
an approved Stormwater Management and Sediment Control
Plan. Individual lot owners or developers may sign a certificate of
compliance that all activities on that lot will be carried out in
accordance with the approved Stormwater Management and
Sediment Control Plan for the residential subdivision. Failure to
provide this certification will result in owners or developers of
individual lots developing a Stormwater Management and
Sediment Control Plan meeting the requirements of this ordinance.
(f) As Built Plans

The person responsible for the land disturbing activity shall, if required by
the City during the plan approval process, submit as-built or record plans.
In addition, the person responsible for the land disturbing activity shall be
required to submit written certification from the professional preparing the
plans that the land disturbing activity was accomplished according to the
approved Stormwater Management and Sediment Control Plan or
approved changes. Failure to do so shall constitute a violation of this
Ordinance.
(g) Denial of Application

If the Development Services Director denies a Stormwater Management
and Sediment Control Plan after the review of the application, he shall
send written notification to the applicant indication the reason or reasons
for denial within five (5) business days after the review. The applicant may
resubmit revised plans with no additional fee being required.

(h) Revocation of Grading Permit

Grading Permits may be revoked if the person conducting the land
disturbing activity does not follow the approved Stormwater Management
and Sediment Control Plan.
(i) Extension
If the applicant is unable to complete the work within the time specified by
the approved Stormwater Management and Sediment Control Plan, he
shall be granted one (1) extension by presenting a written request for an
extension to the Development Services Director prior to the expiration of
such time frame specified.
(j) Responsibility of Applicant

During any land disturbance operation, the applicant shall be responsible
for carrying out the proposed work in accordance with the Grading Permit,
approved Stormwater Management and Sediment Control Plan
specifications, time schedule, and in compliance with all the requirements
of this Ordinance.
(k) Maintenance
The person responsible for maintenance shall perform or cause to be
performed preventive maintenance of all completed stormwater
management practices to ensure proper functioning. The responsible
inspection agency shall ensure preventive maintenance through inspection
of all stormwater management practices.
(7) Standards
Stormwater Management and Sediment Control Plans shall include appropriate
measures and practices for Stormwater Management and Sediment Control,
installed in a timely sequence during the land disturbing activity process, and
maintained to insure their proper functioning. Plans shall be in accordance with
the standards in Section 6-500(D), Stormwater Management and Sediment
Control, and the following:
(a) Determine the general soil suitability of the proposed land use;
(b) Identify areas which are subject to severe erosion, and off-site areas which
are especially vulnerable to damage from erosion and/or sedimentation;
(c) Identify and evaluate potential erosion, sediment and storm water
problems, and select appropriate control measures;
(d) Expose the smallest practical area of land for the least possible time
during land disturbing activity.
(e) Retain and protect natural vegetation when feasible;
(f) Place emphasis on conservation of existing on-site soil;
(g) Save topsoil, where practical, for replacing on graded areas;
(h) Use temporary vegetation cover, geotextiles, mulching, grassed or

surfaced waterways and outlets, straw and silt traps, to control runoff,
protect areas subject to erosion and remove heavy sediment loads from
runoff;

(i) Provide for the management of increased runoff caused by changed soil
conditions and surface conditions (including the use of diversion ditches,
detention and retention basins, enlarged and protected drainage channels,
grade control structures, and effective use of street gutters and storm
sewers);
(j) Install permanent vegetative cover and other long-term measures as soon
as practical in the construction process;
(k) Land-disturbing activity in connection with construction adjacent to, over,

or under a lake or natural watercourse shall be planned and conducted in
such a manner so as minimize the extent and duration of disturbance of
the stream channel;
(l) The relocation of a stream, where relocation is an essential part of the

proposed activity, shall be planned and executed so as to minimize
changes in the stream flow characteristics, except when justification for
significant alteration to flow characteristic is provided;
(m) In cases where the land-disturbing activity is also conducting borrow or

waste disposal activity, areas from which borrow is obtained and waste
areas for surplus materials other than landfills regulated by the South
Carolina Department of Health and Environmental Control, shall be
considered as part of the land-disturbing activity subject to these
standards;
(n) Land-disturbing activity within a Riparian Buffer (see Section 6-500(A))

shall be prohibited unless allowed by Section 6-500(A)(4), Riparian Buffer
Exemptions;
(o) When channel velocity is calculated to exceed sufficient stability for the
channel cross section and grade, riprap, bituminous or other lined open
channels shall be substituted for grassed channels; and
(p) In addition to functional purposes, utilize natural streams or improved open

channels for landscaping, environmental, architectural, or aesthetic
purposes.
(8) Waiver from Stormwater Management and Sediment Control Plan

Requirement
The Development Services Director may grant waivers from the requirements of
this section for individual land disturbing activities in accordance with the following
standards:
(a) Written Request Required

1. Any requests for waivers from the standards in this section shall
be made in writing, and shall contain descriptions, drawings, and
any other information that is necessary to evaluate the proposed
2. A separate written waiver request shall be required if there are

subsequent additions, extensions, or modifications which would
alter the approved storm water runoff characteristics to a land
disturbing activity receiving a waiver.

(b) Types of Waivers

for both quantitative and qualitative controls if the applicant can
demonstrate that the proposed project will return the disturbed
area to a pre-development runoff condition and the pre-
development land use is unchanged at the conclusion of the
project.

for water quantity control if the applicant can demonstrate that:
a. The proposed project will have no significant adverse

impact on the receiving natural waterway or downstream
properties; or
b. The imposition of peak control requirements for rates of

storm water runoff would aggravate downstream flooding.
(c) Procedure
1. The Development Services Director will review the request for
waiver within ten (10) business days. Failure of the Director to act
by the tenth day will result in the automatic approval of the waiver.
2. Risk analysis may be used to justify a design storm event other

than prescribed or to show that rate and volume control is
detrimental to the hydrologic response of the basin and therefore,
should not be required for a particular site.
3. A complete watershed hydrologic and hydraulic analysis must be

done using a complete model or procedure acceptable to the
Development Services Director. The level of detail data required
is as follows:
a. Watershed designation on the 7.5 minute topographic

map exploded to a minimum of one (1) inch equals four
hundred (400) feet.
b. Inclusion of design and performance data to evaluate the

effects of any structures which affect discharge.
Examples may be ponds or lakes, road crossings acting
as attenuation structures and there may be others, which
must be taken into account.
c. Land use data shall be taken from the most recent aerial
photograph and field checked and updated.
d. The water surface profile shall be plotted for the conditions

of pre and post development for the ten (10) and one
hundred (100) year – twenty-four (24) hour storm.
e. Elevations of any structure potentially damaged by

resultant flow shall also be shown.

4. Based on the results of this type of evaluation, the Development

Services Director shall review and evaluate the proposed
regulation waiver or change.
(9) Inspection and Enforcement

(a) The person responsible for the land disturbing activity shall notify the
Development Services Director before initiation of construction and upon
project completion when a final inspection will be conducted to ensure
compliance with the approved Stormwater Management and Sediment
Control Plan.
(b) The person responsible for the land disturbing activity shall, if required by
the City during plan approval process, submit “As-Built or Record
Document” plans. In addition, the person responsible for the land
disturbing activity may be required to submit written certification from the
professional engineer, landscape architect, or Tier B land surveyor
responsible for the field supervision of the land disturbing activity that the
land disturbing activity was accomplished according to the approved
Stormwater Management and Sediment Control Plan or approved
changes.
(c) The Development Services Director shall periodically inspect the sites of
land-disturbing activities for which permits have been issued to determine
whether or not such activities are being conducted in accordance with the
approved Stormwater Management and Sediment Control Plan and
whether or not the measures required by the plan are effective in
controlling erosion, sedimentation, and stormwater runoff. An inspection
report shall be filled out upon completion of each inspection that describes:
1. The date and location of the site inspection;
2. The name of the inspector;
3. Whether the approved plan has been properly implemented and

maintained;
4. Approved plan or practice deficiencies; and
5. The action taken.
(d) The Development Services Director shall provide procedures to ensure

that deficiencies indicated by inspectors are rectified. The procedures
shall include the following:
1. Notification to the person responsible for maintenance of

deficiencies, including a time frame for repairs;
2. Subsequent inspection to ensure completion of repairs; and
3. Effective enforcement procedures or procedures to refer projects

to the Development Services Director if repairs are not undertaken
or are not done properly.

(e) The following criteria shall be used by the Development Services Director
in evaluating and for correcting off-site damages resulting from the land
disturbing activity:
1. Determine the extent of damage by sediment resulting from non-

compliance with the approved Stormwater Management and
Sediment Control Plan;
2. Determine the classification of the impaired waterbody, if any;
3. Determine the impact and severity of the damage resulting from

non-compliance with the Stormwater Management and Sediment
Control Plan;
4. Develop an agreement with landowners for cleanup and

corrections, including a schedule of implementation;
5. Evaluate the alternatives for correction of the damage and

prevention of future damage;
6. Failure to implement the agreement in the required schedule will

constitute a violation of these regulations.
(f) When it is apparent that approved measures are not effective in controlling
erosion, sedimentation, and stormwater runoff, the Development Services
Director may notify the applicant so that the necessary plan revisions can
be proposed by the applicant and approved by the Development Services
Director. The notice shall include a copy of the inspection report and an
explanation of the particulars of noncompliance with the approved plan
and/or measures that are not effective in controlling erosion,
sedimentation, and stormwater runoff. The notice may also include
suggestions of measures needed to achieve compliance. It shall be the
responsibility of the person engaged in the land disturbing activity to
control erosion, sedimentation and stormwater runoff caused by said land
disturbing activity.
(g) Major changes to approved sediment and stormwater management plans,

such as the addition or deletion of a sediment basin, shall be submitted by
the owner/developer to the Development Services Director for review and
approval. Minor changes to sediment and stormwater management plans
may be made in the field inspection report. The Development Services
Director shall develop a list of allowable field modifications for use by the
inspector.
(h) If the Development Services Director determines that any person engaged
in land-disturbing activities, as defined herein, has failed to comply with the
approved plan, or the approved plan as modified, a written notice of
violation including a reasonable time schedule for compliance shall be
served upon such person by certified mail return receipt requested. If the
person engaged in the land disturbing activity fails to comply within the
time specified, such person shall be deemed in violation of this Ordinance
and subject to the provisions of Article 9: Enforcement, including, without
limitation, issuance of an immediate Stop Work Order by the Development
Services Director. Notice of a violation shall be sufficient if directed to the

Subsection Article 2:2-300(K): Grading Permit
owner, the agent of the owner or the contractor and left at his known place
of residence or of business.
(i) The City shall have the power to conduct site inspections as may
reasonably be deemed necessary to administer and enforce this
Ordinance, and for this purpose, the Development Services Director may
enter at any reasonable time upon any property, public or private, for the
purpose of investigating and inspecting the sites of land disturbing
activities. No person shall refuse entry or access to any authorized
representative or agent of the City or the State of South Carolina who
requests entry for purposes of inspection, and who presents appropriate
credentials, nor shall any person obstruct, hamper or interfere with any
such City representative or agent in the process of carrying out his official
duties.
(j) Upon completion of the land disturbing activity, a final inspection shall be
made by the Development Services Director. If the work has been
completed in accordance with the approved plan, a letter of satisfactory
completion shall be issued to the applicant.
(k) If a plan required by this Ordinance has not been submitted for approval,
the person engaged in the land disturbing activity shall be given an
immediate Stop Work Order pursuant to Article 9: Enforcement. A notice
requiring such person to apply for a Grading Permit and submit the
required plans shall also be served. The person shall conduct the
minimum work necessary to stabilize the land disturbance.
(l) Failure of the person responsible for the land disturbing activity to comply
with Department of Development Services requirements is a violation of
this Ordinance subject to the standards in Article 9: Enforcement.
(10) Appeals
Appeals of the decision of the Development Services Director on Stormwater
Management and Sediment Control Plans shall be considered in accordance with
the procedure and standards in Section 2-300(R), Appeals to ZBA from Decisions
and Interpretations of Development Services Director.
2-300(K) Grading Permit
(1) General
Grading Permits shall be reviewed and approved, approved with conditions, or
denied by the Development Services Director in accordance with an approved
Stormwater Management and Sediment Control Plan, Section 2-300(J),
Stormwater Management and Sediment Control Plan, and Section 6-500(D),
Stormwater Management and Sediment Control, as well as any relevant the
procedures and standards in the City Code of Ordinances.
(2) Grading on Sites Without a Development Permit Approval

In cases where a Grading Permit is issued for land not subject to an approved Site
Plan, Preliminary Plat for Subdivision, Building Permit, or Zoning Permit, all land
disturbing activities shall be prohibited within the Tree Protection Zone (see
Section 2-300(L), Land Development Permit).

Subsection Article 2:2-300(L): Land Development Permit
2-300(L) Land Development Permit
(1) Purpose
The purpose of this section is to limit negative impacts on adjacent lands from soil
erosion and sedimentation, and to protect existing vegetation on sites or parcels of
land subject to land disturbing activities in cases where Grading Permits (Section
2-300(K)) or other development approvals are not existing or required.
(2) Applicability
Unless exempted in accordance with Section 2-300(L)(3), Exemptions, prior to any
land disturbing activities or removal of a tree from a vacant site or parcel of land,
the owner/developer shall have a Land Development Permit approved in
accordance with the procedures and standards of this section.
(3) Exemptions
The following shall be exempt from the standards and requirements of this section:
(a) Land subject to the following permits:
1. Site Plan (Section 2-300(H));
2. Preliminary Plat for Subdivision (Section 2-300(I)(5)(b));
3. Zoning Permit (Section 2-300(O)); or
4. Building Permit.
(b) The removal of vegetation by public or private agencies within the lines of
any right-of-way, easement, or other City-owned property as may be
necessary to ensure public safety.
(c) The removal of less than one (1) acre of existing vegetation on vacant land
that is zoned RH, SF-2, SF-3, SF-4, SF-5, or SF-8. In no event shall this
exemption allow more than one (1) acre to be cleared without a Land
Development Permit. In no instance shall this provision be construed to
allow a series of sequential or incremental clearings of land that result in
an aggregate area of cleared land exceeding one (1) acre in size without
issuance of a Land Development Permit.
(d) Land disturbing activities undertaken on forest land for the production and
harvesting of timber or timber products, conducted in accordance with
South Carolina Forestry Commission requirements.
(4) Procedure


Submit
Director.
(5) Standards
A Land Development Permit shall be approved upon Determination of
finding all the following standards are met: Completeness
(a) Minimize Potential for Erosion or

Sedimentation
Development
Land disturbing activities, including grading, Services Director
excavation, or filling, are undertaken with Decision
appropriate precautions to limit offsite impacts
from erosion or sedimentation.
Land Development
(b) Tree Protection Zone Established Permit
A Tree Protection Zone is established
consistent with the requirements in Section 6-
200(C), Retention of Existing Tree Canopy, based upon the current zone
district classification of the land.
(c) Trees Preserved and Maintained

1. All trees within the Tree Protection Zone are preserved and
maintained during and after any tree removal or land disturbing
activity.
2. In cases where an existing tree trunk is bisected by the Tree

Protection Zone boundary, that tree shall be considered to be
located within the Tree Protection Zone, and shall be maintained.
(6) Tree Damage Within a Tree Protection Zone

The accidental damage of existing trees within a designated Tree Protection Zone
shall be subject to the replacement/mitigation standards of Section 6-200(C)(3)(a),
Accidental Damage.
(7) Conversion of Tree Protection Zone

Existing trees located within a Tree Protection Zone shall be credited towards the
landscaping requirements of Section 6-300, Landscaping Standards, if the site or
parcel of land becomes the subject of a development permit application in
accordance with this Ordinance.
(8) Clearing in Violation

Failure to obtain a Land Development Permit prior to tree removal, or intentional
damage to existing trees in a Tree Protection Zone established as part of a Land
Development Permit is a violation of this Ordinance subject to the remedies in
Section 9-600(E), Remedies for Tree Removal.
2-300(M) Sign Permit
(1) Purpose
The purpose of this section is to provide a mechanism for reviewing applications
for Sign Permits to ensure all signs within the City comply with the standards of
Section 6-900, Signage.

(2) Applicability
No sign, except those exempted in accordance with Section 2-300(M)(3),
Exemptions, shall be erected, placed, constructed or structurally altered without
the sign owner having first obtained a Sign Permit from the Development Services
Director, in accordance with this section and the standards of Section 6-900,
Signage.
(3) Exemptions
The following types of signs shall be exempted from the requirements of this
section, and shall not be required to obtain a Sign Permit.
(a) Traffic Signs, Historical Markers, Warning Signs Required by

Government
Official traffic signs, historical markers, provisional warning signs or sign
structures when erected or required to be erected by a governmental
agency, and temporary signs indicating danger.
(b) Signs in Highway ROW Authorized by SCDOT

Signs authorized by the South Carolina Department of Transportation
placed on highway right-of- way.
(c) Bulletin Boards and Identification Signs

Non-illuminated bulletin boards and identification signs for public,
charitable, educational or religious institutions located on the premises, not
exceeding ten (10) square feet per side in area; one (1) per site.
(d) Temporary Non-illuminated Sign Advertising Real Estate

One (1) temporary non-illuminated sign for each street frontage,
advertising real estate for sale or lease, located on the premises, not more
than twenty (20) square feet per side in area (except for signs on the site
of a single-family dwelling, which shall not exceed six (6) square feet in
area per side).
(e) Temporary Non-illuminated Construction Signs

One (1) temporary non-illuminated sign for each street frontage, erected in
connection with new construction work and displayed on the premises
during such time as the actual construction work is in progress, not more
than twenty (20) square feet per side in area.
(f) Non-illuminated Warning Signs

Non-illuminated signs warning trespassers or announcing land as posted;
not exceeding four (4) square feet in area per sign.
(g) Signs on Vehicles Used in Normal Course of Business

Signs on a truck, bus, or other vehicle while in use in the normal course of
business. Use in a normal course of business shall mean driving the
vehicle on any street, parking the vehicle at the place of business or
overnight at the residence of the owner or an employee of the business.
(h) Mailboxes and Signs Identifying Private Residential Dwelling

Mailboxes and similarly located signs identifying a private residential
dwelling.
(i) Awning and Canopy Signs

Awning or canopy signs, provided they meet the following standards:

1. Message Area
The valance area of the awning or canopy sign may be used as a
message area and does not count towards the allowed sign
allotment. The remaining area of the awning or canopy sign shall
not be used as a sign message area. This area may contain the
use’s logo, provided it does not exceed four (4) square feet in
area. The bottom one (1) foot of the awning or canopy shall be
used for the message area for those that do not have a specific
valance area as depicted in Figure 2-300(M), Awning/Canopy
Sign. An awning or canopy sign having a message area in excess
of the amount outlined above shall be considered part of the wall
sign allotment, and the sign is required to comply with the
standards for a wall sign and will require a sign permit in
FIGURE 2-
300(M):
AWNING/C
ANOPY
SIGN
2. S
i
z
e
T
h
e
s
i
g
n
on the awning or canopy may use a one- (1) foot valance area for
message area, plus a four (4) square foot logo. Awning signs
shall be placed no lower than eight (8) feet above grade. Canopy
signs shall be placed no lower than nine (9) feet above grade, but
may have a one- (1) foot valance of flexible material hanging
below the structure. Awning and canopy signs shall extend no
closer than eighteen (18) inches from the back of the curb.
Awning and canopy signs shall be placed no higher than the
bottom of the second floor or no higher than the roof.
3. Safety
All awning and canopy signs shall be securely fastened using best
engineering practices. Signs shall not be placed where they pose
a hazard to pedestrians or to traffic. Where awning or canopy
signs extend over a public ROW, they shall comply with the
International Building Code.

4. Lighting
Lighting for canopy signs located in non-residential districts shall
be either general, internal, spot, and back. The type of lighting
allowed for canopy signs located in residential districts shall
comply with Section 6-900, Signage.
(j) Identification Signs in Business Districts

1. Building Identification Sign When Building Name Differs from
Business Name
Signs identifying the name or number of a building, if the signs are
located on the rear or sides of the building located on a parcel of
land in the Business district on which there is at least three (3) or
more buildings, and if the building name is not the name of a
business located in the building.
2. Building Identification Sign When the Business has the Same

Name as the Building
Signs identifying the name or number of a building when the
building has the same name as a business located in the building,
if the signs are located on the rear or sides of the building located
on a parcel of land in the Business district on which there is at
least three (3) or more buildings, and if the sign does not exceed
thirty (30) square feet in area.
(k) Restroom, Entrance, and Exit Signs

Signs placed on the exterior of a structure indicating the location of
restrooms, bathrooms, entrances, or exits, if they do not exceed two (2)
(l) Public Health Related Signs

Signs not exceeding three (3) square feet in area (or six (6) square feet in
multi-building developments) indicating the entrance or exit from a parking
lot, potable water supply, sewage station for recreational vehicles, or other
notices related to public health or safety (the sign shall be adjacent to the
facility).
(m) Special Notice Placards

Special notice placards attached to a building or to a freestanding sign
indicating credit cards which are accepted on the premises; group
affiliations of which the business is a member, or clubs or groups which
utilize, recommend, inspect or approve the business for use by its
members, if they do not exceed two (2) square feet in area.
(n) Political, Ideological, Religious, Social, or Governmental Message

Signs
Signs conveying political, ideological, religious, social, or governmental
messages unrelated to the businesses or the goods or services connected
with them, provided the signs do not exceed thirty-two (32) square feet in
area and if they are related to or connected with political campaigns, not
maintained for longer than ninety (90) days prior to the designated election
day, and are removed within ten (10) days after the election to which they
pertain.

Subsection Article 2:2-300(N): Temporary Use Permit
(4) Procedure
(a) Submission and Review of Application Submit
Procedures.
Determination of
(b) Action by Development Services Director Completeness
and take action on the application in
accordance with the procedures and
Development
requirements of Section 2-200(M), Review by Services Director
Development Services Director. Decision
(5) Standards Sign Permit

A Sign Permit shall be approved upon a finding the
application complies with the standards of Section 6-
900, Signage.

In approving a Sign Permit, the Development Services Director may impose
appropriate conditions on the permit approval in accordance with Section 2-
200(O), Conditions of Approval.
(7) Expiration
If the work described in any Sign Permit has not begun within six (6) months from
the date of issuance, the Sign Permit shall expire and be void.
(8) Amendments
A Sign Permit may be amended, extended, or modified only in accordance with the
procedures established for its original approval.
2-300(N) Temporary Use Permit
(1) Applicability
The provisions of this section shall apply to all proposed temporary uses as set
forth in Section 4-500, Temporary Uses and Structures.
(2) Procedure
The procedures and requirements for Submit
submission and review of an application are Application
Procedures.
(b) Action by Development Services Director Determination of

The Development Services Director shall review Completeness
200(M), Review by Development Services
Director.
Development
Services Director
(3) Temporary Use Standards Decision
A Temporary Use Permit shall be approved upon a
finding the temporary use, as proposed, complies with Temporary Use
Permit

Subsection Article 2:2-300(O): Zoning Permit
the relevant standards in Section 4-500, Temporary Uses and Structures.

In approving a Temporary Use Permit, the Development Services Director may
2-200(O), Conditions of Approval.
(5) Expiration
A Temporary Use Permit shall be effective beginning on the date specified in the
permit approval, and shall remain effective for the period indicated on the permit.
(6) Amendment
A Temporary Use Permit may be amended, extended, or modified only in
approval.
2-300(O) Zoning Permit
(1) Purpose
A Zoning Permit shall be required in accordance with the provisions of this section
in order to ensure that proposed development complies with the standards of this
Ordinance, and to otherwise protect the public health, safety, and welfare of the
citizens of the City.
(2) Applicability
The requirements of this section shall apply to any development that requires a
Building Permit and any change of use.
(3) Zoning Permit Requirement

No Building Permit shall be issued or change of use occur without approval of a
Zoning Permit by the Development Services Director in accordance with this
section.
(4) Procedure

review the application in accordance with the
procedures and requirements of Section 2- Submit
Director.
(5) Zoning Permit Standards

A Zoning Permit shall be approved upon a finding the Determination of
application complies with all relevant standards of this Completeness
Ordinance.
(6) Expiration Development

(a) If a Building Permit is not issued within six (6) Services Director
months of the date of issuance of the Zoning Decision
Zoning Permit

Subsection Article 2:2-300(P): Certificate of Conformity
Permit, the Zoning Permit shall expire and be void.
(b) In cases where a Building Permit is not required, the Zoning Permit shall
expire and be void unless a Certificate of Conformity is issued within six
(6) months of the date of issuance of the Zoning Permit.
(7) Amendment
A Zoning Permit may be amended, extended, or modified only in accordance with
the procedures and standards established for its original approval.
2-300(P) Certificate of Conformity
(1) Purpose
A Certificate of Conformity shall be required in accordance with the provisions of
this section in order to ensure that proposed development complies with the
standards of this Ordinance, and to otherwise protect the public health, safety, and
welfare of the citizens of the City.
(2) Applicability
The requirements of this section shall apply to any
development in the City.
Submit
(3) Certificate of Conformity Required Application
A Certificate of Conformity shall be approved in
accordance with this section prior to physical
occupation or operation of the development.
Determination of
Completeness
(4) Initial Submission of Application
review of an application are established in Section 2-
200, Common Procedures. Development
Services Director
Decision
(5) Action by Development Services Director
The Development Services Director shall review the
Certificate of
application and schedule and conduct a final inspection
Conformity
of the development for the purpose of verifying
conformity with all applicable provisions of this
Ordinance, and all relevant terms and conditions of development permits and
approvals for the development. Upon a determination of conformity, the
Development Services Director shall approve a Certificate of Conformity and
forward it to the applicant.
2-300(Q) Interpretations by Development Services Director
(1) Authority
Interpretations of all provisions of this Ordinance shall be made by the
Development Services Director, including: interpretations of the text of this
Ordinance; interpretations of the zone district boundaries; and interpretations of
whether an unspecified use falls within a use classification, use category, or use
type allowed in a zone district.
(2) Initiation
A written interpretation may be requested by the City Council, the Planning
Commission, the ZBA, the BHR, any resident or landowner, or any person having
a contractual interest in land in the City.

Subsection Article 2:2-300(Q): Interpretations by Development Services Director
(3) Procedure
(a) Submission of Request for Interpretation
Before a written interpretation shall be provided by the Development
Services Director, a Request for Interpretation shall be submitted to the
Development Services Director in writing on a form established by the
Director and made available to the public, along with a non-refundable fee.
(b) Determination of Completeness

Within five (5) business days after a Request for Interpretation has been
submitted, the Development Services Director shall determine whether it is
complete.
1. If the Development Services Director determines the request is not

complete, a notice shall be provided to the applicant specifying the
deficiencies. The Director shall take no further action on the
Request for Interpretation until the deficiencies are remedied. If
the applicant fails to respond to the deficiencies within twenty (20)
business days, the Request for Interpretation shall be considered
withdrawn.
2. When the Request for Interpretation

is determined complete, the Submit
Development Services Director shall Interpretation
Request
review the request and render an
interpretation in accordance with the
procedures and standards of this
section.
Determination of
Completeness
(c) Rendering of Interpretation
After the Request for Interpretation has
been determined sufficient, the
Development Services Director shall review Development
and evaluate the request in light of the Services Director
General Plan, this Ordinance, the Official Interpretation
Zone District Map, and other relevant codes
and statutes, consult with the City Attorney Interpretations
and other affected City staff, and then
render an interpretation.
(d) Form
The interpretation shall be in writing, approved as to form by the City
Attorney, and sent to the applicant by mail after the interpretation is made
by the Development Services Director.
(4) Appeal
(a) Board of Historic Review (BHR)
Any aggrieved party objecting to a written interpretation from the
Development Services Director on a matter related to Section 3-500(B)(2),
Historic Overlay (YH) Districts, Historic Properties, Certificates of
Appropriateness, or Certificates of Hardship, may appeal the interpretation
to the BHR in accordance with Section 2-300(G)(6), Appeal to BHR.
(b) Zoning Board of Appeals (ZBA)

Any aggrieved party objecting to any other written interpretation from the
Development Services Director may appeal the interpretation to the ZBA in

Subsection Article 2:2-300(R): Appeals to ZBA from Decisions and Interpretations of Development Services Director
accordance with Section 2-300(R), Appeals to ZBA from Decisions and

Interpretations of the Development Services Director.
(5) Official Record

The Development Services Director shall maintain a record of written
interpretations that shall be available for public inspection, upon reasonable
request, during normal business hours.
2-300(R) Appeals to ZBA from Decisions and Interpretations of Development Services

Director
(1) Right of Appeal

Any aggrieved party affected by a decision or
interpretation of the Development Services Director Notice of
(except those related to Section 3-500(B)(2), Appeals
Historic Overlay (YH) District, Historic Properties,
Certificates of Appropriateness, or Certificates of
Hardship) may appeal such decision or Submission of
Record
interpretation to the ZBA.
(2) Appeal Procedure

(a) Initiation Staff
An appeal taken in accordance with this Review
section may be initiated by filing a written
Notice of Appeal within ten (10) business Schedule
days of the date of the decision or Hearing
interpretation with the Development
Services Director.
Schedule Public
s
Notification
(b) Contents of Appeal
The written Notice of Appeal shall specify
the grounds for the appeal, a statement of Staff
the improper decision or interpretation, the Report
date of that decision or interpretation, and
all support materials related to the
decision.
ZBA Hearing/
(c) Record Decision
Upon receipt of the written Notice of
Appeal, the Development Services
Director shall transmit all the papers, Appeals of Interpretations and
documents, and other materials relating to Decisions of Development
the decision or interpretation appealed to Services Director
the ZBA. These materials shall constitute
the record of the appeal.
(d) Scheduling of Notice and Hearing

The ZBA shall hear the appeal at its next regularly scheduled meeting, or
as soon as is reasonably possible.
(e) Hearing and Decision by ZBA

At the hearing, the person making the appeal may appear in person or by
agent or attorney, and shall state the grounds for the appeal and identify
any materials or evidence from the record to support the appeal. The
Development Services Director shall be given an opportunity to respond,

as well as any other City staff or other person the ZBA deems necessary.
After the conclusion of the hearing, the ZBA shall affirm, partly affirm,
modify, or reverse the decision or interpretation, based on the record, and
the requirements and standards of this Ordinance.
(3) Effect of Appeal

A pending appeal stays all proceedings in furtherance of the action appealed from,
unless the Development Services Director certifies to the ZBA after the Notice of
Appeal is filed, that by reason of facts stated in the certificate, a stay would cause
imminent peril to life or property. In such case, proceedings shall not be stayed
otherwise than by a restraining order, which may be granted by the ZBA or by a
court of record on application, on notice to the Development Services Director and
on due cause shown.
(4) Appeal
A person having a substantial interest affected by a decision of the ZBA on appeal
may appeal from the decision to the Circuit Court in and for York County by filing
with the Clerk of the Court a petition setting forth plainly, fully, and distinctly why
the decision is contrary to law. The appeal shall be filed within thirty (30) days
after the decision of the ZBA is mailed. For the purposes of this subsection,
person includes persons jointly or severally aggrieved by the decision of the ZBA.
2-400 LAND DEVELOPMENT AGREEMENTS
(1) General
The purpose and intent of this section is to authorize Land Development
Agreements to be entered into between a developer and the City in accordance
with the terms of this section to encourage comprehensive planning and capital
facilities planning, to ensure the provision of adequate public facilities for
development, and to encourage the efficient use of resources, while providing
certainty in the process of obtaining development permits and reducing the
economic costs of development by providing greater regulatory certainty.
(2) Findings
For the reasons identified in Section 2-400(A)(1), the City Council finds and
determines that Land Development Agreements may be useful to both the City and
developers by providing more regulatory certainty, establishing a schedule for
development, and assisting both developers and the City coordinate the provision
of adequate public facilities to serve development, coordinate the phasing of
development, and administer and manage efforts to maintain open space and
environmentally sensitive lands.
2-400(B) Authority
The City has the authority to adopt this section for the purpose of entering into Land
Development Agreements in accordance with S.C. Code of Laws Section 6-31-10 et. seq.,
the “South Carolina Local Government Development Agreement Act.”

Subsection Article 2:2-400(C): Procedure
2-400(C) Procedure
Pre-Application
Conference
(1) Pre-application Conference, Application Review,
Notification, and Scheduling of Public Hearing
review of a request to enter into a Land Development Neighborhood
Agreement are established in Section 2-200, Common Meeting
(required)
Procedures.
(2) Review and Recommendation by Planning

Commission
After preparation of a Staff Report, public notification, Submit
and the scheduling of the public hearing, the Planning Application
Commission shall conduct a public hearing on the
At the public hearing, the Planning Commission shall
consider the request, the relevant support materials, the Determination of
Completeness
Staff Report, and the testimony given at the public
hearing. After the conclusion of the public hearing, the
Planning Commission shall make a report to the City
Council recommending whether it is in the best interests
of the City to enter into the Land Development Staff
Agreement based on the goals of the City as identified Review
in this section, this Ordinance, the General Plan, and
other relevant and appropriate City policies. At its Schedule
discretion, the Planning Commission may defer action Hearing
on its recommendation on a proposed Land
Development Agreement for the purpose of clarifying
Schedule Public
issues and information related to the proposal. s
Notification
(3) Review and Action by City Council

After receipt of the report from the Planning Staff
Commission and the scheduling of a public hearing, the Report
City Council shall conduct a public hearing on the
At the public hearing, the City Council shall consider the Planning
application, the relevant support materials, the Staff Commission
Report, the report of the Planning Commission, and the Public Hearing/
testimony given at the public hearing (if any). After the Recommendation
close of the public hearing the City Council, in its sole
discretion, shall determine whether or not to enter into
the Land Development Agreement, based on such
City Council
factors as whether the goals of the City, as identified in Public Hearing/
this section, this Ordinance, the General Plan, and other Decision
relevant and appropriate policies, is best achieved by
the City entering into the Land Development
Agreement. Any Land Development Agreement Land Development
entered into by the City Council shall comply with Agreements
Section 2-400(D), Land Development Agreement
Standards.
2-400(D) Land Development Agreement Standards
An ordinance to enter into a Land Development Agreement between the City and a
developer, and the Land Development Agreement, shall include the following:

(1) Land Threshold

Development on at least twenty-five (25) contiguous acres of highland.
(2) Legal Description and Owner

A legal description of the land subject to the Land Development Agreement and
the names of the legal and equitable owners.
(3) Duration
The duration of the Land Development Agreement, which shall be consistent with
the requirements of S.C. Code of Laws Section 6-31-10 et. seq., the “South
Carolina Local Government Development Agreement Act.”
(4) The Plan for Development

The plan for the development of the land, including proposed uses, the types of
residential dwelling units, the non-residential development proposed, the general
location of development, the densities/intensities, the lot area, height, and other
dimensional standards that will be applied to the development, the internal traffic
circulation system, how the development will connect to external streets,
greenways, trails, open space areas, recreational facilities, environmentally
sensitive lands that will be protected, a development schedule including
commencement dates and interim completion dates of no greater than five (5) year
intervals, and any other matter determined appropriate for the plan for
development of the land.
(5) Future Land Use Designation

The current zone district classification of the land subject to the Land Development
Agreement, and the future zone district classification, if it is proposed to be
different.
(6) Public Facility Adequacy

A description of public facilities that will service the development, including who
shall provide such public facilities, the date any new public facilities, if needed, will
be constructed, and a schedule to verify that public facilities will be available
concurrent with the impacts of the development on the public facilities. Any public
facilities to be designed and/or constructed by the developer shall be in
compliance with all applicable federal, state, and City standards to ensure the
quality of the public facilities. The standards shall include, but not be limited to,
guarantees of performance and quality, and project controls (including scheduling,
quality controls, and quality assurances). If the City is to provide any public
facilities to the development, they shall be tied to defined completion percentages
or other defined performance standards that must be met by the developer.
(7) Traffic Impact

If determined appropriate by the City, an evaluation of the traffic impact of the
development proposed in the Land Development Agreement and assurance that
the impact will be mitigated.
(8) Reservation or Dedication of Land

Where appropriate, a description of any reservations or dedications of land for
public purposes.
(9) Environmentally Sensitive Lands

Where appropriate, a description of any provisions to protect environmentally
sensitive lands as may be required or permitted in accordance with laws in effect

at the time the Land Development Agreement is entered into between the City and
the developer.
(10) Historic Structures

Where appropriate, a description of any provisions to protect and preserve historic
structures.
(11) Local Development Permits

A description of all local development permits approved or needed to be approved
for development of the land, specifically, to include at least the following:
(a) Any required amendments to this Ordinance.
(b) Any required amendments to the Official Zone District Map.
(c) Any other development permits under this Ordinance.
(d) Any other required permissions from regional, state, or federal

governments.
(12) Local Development Permits Obtained by Applicant/Property Owner

A statement and agreement by the developer that all local development permits
identified shall be obtained at the sole cost of the developer, and that in the event
that any such local development permits are not received, no further development
of the land subject to the Land Development Agreement shall be allowed until such
time as the City Council has reviewed the matter and determined whether or not to
terminate the Land Development Agreement, or to modify it in a manner consistent
with the public interest and the General Plan.
(13) Consistency with Comprehensive Plan and this Ordinance

A finding that the development permitted or proposed in the Land Development
Agreement is consistent with the General Plan and this Ordinance.
(14) Compliance with Laws not Identified in Land Development Agreement

A statement indicating that failure of the Land Development Agreement to address
a particular permit, condition, term or restriction shall not relieve the developer of
the necessity of complying with the law governing said permitting requirements,
conditions, terms or restrictions, and that any matter or thing required to be done
under existing ordinances of the City shall not be otherwise amended, modified or
waived unless such modification, amendment or waiver is expressly provided for in
the Land Development Agreement with specific reference to the ordinance
provisions so waived, modified, or amended.
(15) Conditions Necessary to Ensure Compliance with Code, General Plan, and
Public Health, Safety, and Welfare
Such conditions, terms, restrictions, or other requirements determined to be
necessary by the City Council to ensure compliance with this Ordinance and the
General Plan, and to ensure the public health, safety, and welfare of the citizens of
the City.
(16) Effect of Subsequently Adopted Laws

A statement identifying which laws in force at the time of the execution of the Land
Development Agreement apply; identification of any subsequently adopted laws
which will apply; and recognition that other subsequently adopted laws may be
applied by the City in accordance with Section 2-400(H) and state law.

Subsection Article 2:2-400(E): Execution of Land Development Agreement
2-400(E) Execution of Land Development Agreement
A Land Development Agreement shall be executed by all persons having legal or equitable
title in the land subject to the Land Development Agreement, including the fee simple
owner and any mortgagees, and the Mayor, on behalf of the City.
2-400(F) Legislative Act
A Land Development Agreement is determined to be a legislative act of the City in the

furtherance of its powers to plan and regulate development, and as such, shall be superior
to the rights of existing mortgagees, lien holders or other persons with a legal or equitable
interest in the land subject to the Land Development Agreement, and the obligations and
responsibilities arising thereunder on the landowner shall be superior to the rights of said
mortgagees or lien holders and shall not be subject to foreclosure under the terms of
mortgages or liens entered into or recorded prior to the execution and recordation of the
2-400(G) Recordation
It shall be the responsibility of the developer, within fourteen (14) days after the Land
Development Agreement has been executed, to record the Agreement with the York
County Clerk of Court. If the Land Development Agreement is amended, cancelled,
modified, extended, or revoked, the developer shall be responsible for ensuring the
amended Land Development Agreement is recorded with the York County Clerk of Court
within fourteen (14) days of its execution.
2-400(H) Local Laws and Policies Governing a Land Development Agreement
Unless otherwise provided for by the Land Development Agreement, the laws and policies
in force at the time of the execution of the Land Development Agreement govern the
development of the land subject to the agreement, except that the City may apply
subsequently adopted laws and policies if the City Council holds a public hearing in
accordance with Section 2-400(C)(1) and (3) and determines:
(1) Laws Not in Conflict and Do Not Prevent Redevelopment

The laws are not in conflict with the laws governing the Land Development
Agreement and do not prevent the development set forth in the Land Development
Agreement;
(2) Laws Essential to Public Health, Safety, or Welfare

The laws are essential to the public health, safety, or welfare, and expressly state
that they shall apply to a development that is subject to a Land Development
Agreement;
(3) Laws Anticipated in Land Development Agreement

The laws are specifically anticipated and provided for in the Land Development
Agreement;
(4) Substantial Changes

It is demonstrated that substantial changes have occurred in pertinent conditions
existing at the time of approval of the Land Development Agreement, which
changes, if not addressed by the City, would pose a serious threat to the public
health, safety, or welfare; or

Subsection Article 2:2-400(I): Periodic Review
(5) Agreement Based on Substantially and Materially Inaccurate Information

It is demonstrated that the Land Development Agreement is based on substantially
and materially inaccurate information supplied by the developer.
2-400(I) Periodic Review
(1) Annual Review

(a) General
The Development Services Director shall undertake a periodic review of
the development subject to the Land Development Agreement every
twelve (12) months, commencing one (1) year after the effective date of
the Land Development Agreement. The developer subject to the Land
Development Agreement must demonstrate good faith compliance with the
terms and conditions of the Agreement, and must provide such information
as the Development Services Director requests.
(b) Development Services Director Report of material Breach

If as a result of any annual review, the Development Services Director
determines the developer has committed a material breach of the terms
and conditions of the Land Development Agreement, the Development
Services Director shall report such circumstances to the City Council.
(c) City Council Notifies Developer of Material Breach

If the City Council concurs with the findings of the Development Services
Director’s report, the Council shall serve written notice to the developer,
within a reasonable time after the periodic review, setting forth with
reasonable particularity the nature of the breach and the evidence
supporting the findings and determination, and provide the developer a
reasonable period of time to correct the breach.
(d) Remedies and Corrections

If the developer fails to cure the material breach within the time provided
for correction by the City Council, City Council may unilaterally terminate
or modify the Land Development Agreement, if it provides the developer
an opportunity to either rebut the findings of material breach, or consent to
amend the Land Development Agreement to address the material breach,
as long as City Council has otherwise complied with the provisions of the
Land Development Agreement pertaining to a material breach.
2-400(J) Burden/Benefits
All burdens of a Land Development Agreement are binding upon, and the benefits of the
Land Development Agreement shall inure to, all successors in interest to the parties to the
2-400(K) Amendment or Cancellation of Land Development Agreement by Mutual

Consent
A Land Development Agreement may be amended or cancelled by mutual consent of the
parties to the Land Development Agreement, or by their successors in interest. A Land
Development Agreement may be amended, extended, or modified only in accordance with
the procedures established for its original approval.
2-400(L) Effect of Contrary State or Federal Laws
In the event that state and federal laws are enacted after the execution of a Land
Development Agreement that are applicable to and preclude the parties compliance with

Subsection Article 2:2-400(M): Technical Codes
the terms of the Land Development Agreement, such Land Development Agreement shall
be modified or revoked as is necessary to comply with the relevant state or federal laws.
Such modification or revocation shall occur only after notice and a public review is
conducted in accordance with Section 2-400(C), Procedure.
2-400(M) Technical Codes
Development subject to a Land Development Agreement shall comply with the

requirements of all building, housing, electrical, plumbing, and gas codes, in affect or
hereafter adopted by the City.
2-400(N) Enabling Legislation
In the event a court of competent jurisdiction determines S.C. Code of Laws Section 6-31-
10 et. seq., or any part thereof, invalid or unenforceable, or in the event that the South
Carolina General Assembly amends or repeals S.C. Code of Laws Section 6-31-10 et.
seq., in whole or in part, any Land Development Agreement adopted in accordance with
this section shall be reviewed to determine if such change in the state act results in a
substantial impairment of the City's rights or obligations in relation to such Land
Development Agreement. The City shall have the right to immediately terminate the Land
Development Agreement as to all parties thereto by written notice to the parties to the
Agreement in the event a change in the state act results in a substantial impairment to the
City's rights in relation to such Land Development Agreement.

Section 2-500: Appendix 2-A Certificate of Accuracy
2-500 APPENDIX 2-A CERTIFICATE OF ACCURACY
I hereby state to the best of my knowledge, information and belief, the survey shown hereon was
made in accordance with the requirements of the Minimum Standards Manual for the Practice of
Land Surveying in South Carolina, and meets or exceeds the requirements for a Class ___ survey
as specified therein; also there are no visible encroachments or projections other than shown.
By ____________________
Registered South Carolina Surveyor's Number _____________
Date __________________
2-600 APPENDIX 2-B CERTIFICATE OF OWNERSHIP AND DEDICATION
I (we) hereby certify that I am (we are) the owner(s) of the property shown and described hereon
and that I (we) hereby dedicate all streets, alleys, walks, parks and other sites to public or private
use as noted.
______________ _____________________________
Date Owner
_____________________________
Owner

CONSTRUCTION OF STREET, UTILITIES AND OTHER REQUIRED IMPROVEMENTS
I do hereby certify (1) that streets, utilities and other required improvements have been installed in
an acceptable manner and according to City specifications and standards in the subdivision entitled
_____________________________________, or (2) that a guarantee of the installations of the
required improvements in an amount or manner satisfactory to the City of Rock Hill has been
received.
__________________ ____________________________
Date City Engineer

Section 2-800: Appendix 2-D Certification – Certification of approval of compliance with the stormwater management and sediment
control act of 1991

THE STORMWATER MANAGEMENT AND SEDIMENT CONTROL ACT OF 1991
I do hereby certify that the stormwater management and sedimentation control system designed
and installed for (development name) addresses required improvements as cited in section
10-404 of the City of Rock Hill's City Code of Ordinances; complies with the standards established
and amended by the South Carolina Department of Health and Environmental Control (DHEC)/their
designee and was approved on (date) by DHEC/their designee.
By___________________________
Registered P.E. Number: _________
Date _________________________
2-900 APPENDIX 2-E CERTIFICATE OF APPROVAL OF RECORDING
I hereby certify that the subdivision plat shown hereon has been found to comply with the Rock Hill
Zoning Ordinance and all other appropriate City regulations except for such Variance Permits, if
any, as are noted in the minutes of the Planning Commission and that this plat has been approved
by the Planning Commission for recording in the Office of the York County Clerk of Court.
_________________ ________________________________
Date Secretary, Planning Commission

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ZONING

City of Rock Hill Planning and

P.O. Box 11706

Rock Hill, South Carolina l Zoning Ordinance Article 1: TOC

ARTICLE 1: GENERAL PROVISIONS

1-100(A) Purpose and Intent

1-200(B) Reference to South Carolina General Statutes

1-300 PURPOSE AND INTENT

(1) Light and Air

(2) Lessen Congestion in Streets

(3) Safety from Fire, Flood, and Other Dangers

(4) Promote Quality Housing and Diversity of Housing Options

(6) Infill Development That is Consistent and Compatible

(7) Protect Character of Neighborhoods

(8) Sustainable, Livable, Moderate Density Neighborhoods

(9) Growth Centers

(10) Protect Historic, Scenic, and Environmentally Sensitive Areas

(11) Tree Preservation

(12) Protect Riparian Areas

(13) Open Space

(14) Protect Character of City

(15) New Urbanism

(16) Compact and Sustainable Development

(17) Facilitate Adequate Provision of Public Facilities

(18) Regulate the Use, Density, Distribution, and Character of Land

(19) Implement the General Plan

1-400 APPLICABILITY AND JURISDICTION

1-400(B) Application to Governmental Units

(4) Federal Government

1-400(C) No Development Until Compliance with this Ordinance

(1) Acquisition of Interest in Land by State for Public Purposes

(2) Emergency Action by City

(3) Homes for the Disabled

1-500 RELATIONSHIP TO OTHER CODES, ORDINANCES, AND LAWS

1-500(A) Conflicts with Other City Codes or Laws

1-500(B) Conflicts with Private Agreements

1-500(C) Conflicts with State or Federal Law

1-600 OFFICIAL ZONE DISTRICT MAP

1-600(A) Official Zone District Map

(2) Damage, Destroyed, or Lost

1-600(B) Incorporated by Reference

1-600(C) Zone District Boundaries

1-600(D) Changes to Zone District Map

1-600(E) Mapping Disputes

1-600(F) Transition to New Zone Districts

TABLE 1-600(F): TRANSITION TO NEW ZONE DISTRICTS [1]

Planned Mobile Home Subdivision (PMHS) Mobile Home Park (MHP)

TABLE 1-600(F): TRANSITION TO NEW ZONE DISTRICTS [1]

Neighborhood Commercial (NC) Neighborhood Commercial (NC)

1-700 ZONE DISTRICT CLASSIFICATION OF ANNEXED LANDS

1-700(B) Rezone Requested as Part of Annexation

1-900 TRANSITIONAL PROVISIONS

1-900(A) Effective Date

1-900(B) Violations Continue

1-900(C) Completion of Permit Approvals or Completed Applications Commenced or

(1) Completed Applications

1. The application shall be processed in good faith and shall comply

frames, it shall expire and future development shall be subject to

2. If the complete application is approved, the development for which