On the agenda: Chapin meeting — Colocation (Aug 24)

CHAPIN UNIFIED ZONING & DEVELOPMENT ORDINANCE
STEERING COMMITTEE MEETING
Council Chambers, Chapin Town Hall

August 24, 2023
3:00 P.M.
AGENDA
Call to order
Freedom of Information Act Compliance
Approval of Minutes
1. August 1, 2023 Meeting Minutes
2. August 16, 2023 Meeting Minutes
New Business
3. Full Draft Review: Unified Zoning & Development Ordinance
Adjourn

TOWN OF CHAPIN
UNIFIED DEVELOPMENT ORDINANCE COMMITTEE
MEETING MINUTES
Thursday August 1, 2023
3:00 P.M.

Town Hall

Members Present: Planning Commission Members Rae Davis, Caleb Pozsik, Yvonne Hudson (arrived at
3:13) Clay Cannon
Staff Present: Planning and Zoning Manager Kevin Singletary, Town Clerk Shannon Bowers, Town
Administrator Nicholle Burroughs
Staff Absent: Mayor Al Koon
Guests: Riccardo Giani - MRB Group (via Zoom, arrived at 3:30 p.m.)
Call to Order: Chair Davis called the meeting to order at 3:06 p.m. She then determined there was a quorum
and acknowledged the appropriate notifications in compliance with the SC Freedom of Information Act had
been met.
Approval of Minutes
Vice Chair Pozsik moved to approve the June 6, 2023 meeting minutes as presented. Member Cannon
seconded the motion. No further discussion. Motion passed unanimously.
Chair Rae Davis:
Member Clay Cannon:
Vice Chair Caleb Pozsik:

Yes
Yes
Yes

Vice Chair Pozsik moved to approve the June 15, 2023 meeting minutes as presented. Member Cannon
seconded the motion. No further discussion. Motion passed unanimously.
Chair Rae Davis:
Member Clay Cannon:
Vice Chair Caleb Pozsik:

Yes
Yes
Yes

Chair Davis moved to approve the July 11, 2023 meeting minutes as presented. Vice Chair Pozsik seconded the
motion. No further discussion. Motion passed unanimously.
Chair Rae Davis:
Member Clay Cannon:
Vice Chair Caleb Pozsik:

Yes
Yes
Yes

New Business
Draft Review – Article 5: Land Development Standards: Mr. Singletary began the discussion by stating
they would be going through each section for notes. He stated that most of his notes have been given to Mr.
Gianni but those changes have not been incorporated into the draft under review.

Unified Development Ordinance Committee

August 1, 2023

Most edits to the article were grammatical in nature or format related. The committee discussed removing the
table of required improvements but including a statement about compliance with the rules of the authority
holding jurisdiction (road/street/sidewalks/etc.), including language referencing planning documents, block
sizes in subdivisions, cul-de-sac and dead end street regulations to promote interconnectivity in developments
(more specific to the center of town), making sure street design standards reflect Lexington County standards
(until such time as a Town transportation plan is adopted), road classification tables matching to Lexington
County road classifications, sidewalk sizes for a “downtown” area versus rural, requiring sidewalks on both
sides of a street, regulations for street trees to not damage sidewalks, and open space definitions and
requirements.
Mr. Singletary stated that in the interest of time, a called meeting on August 16 at 3:00 p.m. would be needed to
finish discussion on Article 5. He stated his intention for the UDO committee to have its final meeting on
August 24 before sending it to the Planning Commission for review.
Adjournment: Vice Chair Pozsik moved to adjourn the meeting. Member Cannon seconded the motion.
Meeting was adjourned at 5:10 p.m.

UDO COMMITTEE APPROVED (Date):
Rae Davis, PC Chair

ATTEST:
Shannon Bowers, Town Clerk

TOWN OF CHAPIN
UNIFIED DEVELOPMENT ORDINANCE COMMITTEE
MEETING MINUTES
Thursday August 16, 2023
3:00 P.M.

Town Hall

Members Present: Planning Commission Members Rae Davis, Caleb Pozsik, Yvonne Hudson, Clay Cannon
Staff Present: Planning and Zoning Manager Kevin Singletary, Town Clerk Shannon Bowers, Town
Administrator Nicholle Burroughs
Staff Absent: Mayor Al Koon
Guests: Riccardo Giani - MRB Group (via Zoom)
Call to Order: Chair Davis called the meeting to order at 3:04 p.m. She then determined there was a quorum
and acknowledged the appropriate notifications in compliance with the SC Freedom of Information Act had
been met.

New Business
Draft Review – Article 5: Land Development Standards: Mr. Singletary began the discussion by briefly
updating what had been discussed at the last meeting, and picked up the discussion on open space requirements.
Mr. Gianni also acknowledged that previously discussed edits were incorporated into this draft, and any
references to “Lexington County Standards” were also incorporated where applicable.
Most edits to the article were grammatical in nature or format related. Discussion centered around location,
size, and quantity of amenities in subdivisions, exemptions from open space requirements, and amending
language to reflect open space requirements in zoning allowing multi-family options. They discussed including
more specific language for land development in village commercial, town center, and commercial to include
open space requirements where residential components are included. They also discussed conservation
subdivisions (conditions and requirements to encourage that development to preserve undeveloped areas, the
process for review, and adding requirements for low impact amenities). Discussion on manufactured home
parks centered on making sure requirements were in place to ensure a high-quality product. Mr. Singletary
suggested separating residential components from group developments into commercial subdivisions (without
residential components) and mixed-use subdivisions (with residential components).
Member Hudson moved to recess. Vice Chair Pozsik seconded the motion. Committee recessed at 4:31 p.m.
Chair Davis called the meeting back at 4:39 p.m.
After the break, planned developments were discussed. The committee discussed minimum lot sizes, including
language that specifically calls out examples of uses in the area, and approval process for a phased approach to
developing planned developments. Requirements for traffic impact studies included adding language to review
recently approved developments within the prior 12 months.
Discussion on Article 3 was tabled until the next meeting, scheduled for August 24 at 3:00 p.m. Mr. Singletary
noted that a full draft review would take place at this meeting.

Unified Development Ordinance Committee

August 16, 2023

Adjournment: Vice Chair Pozsik moved to adjourn the meeting. Member Cannon seconded the motion.
Meeting was adjourned at 5:10 p.m.

UDO COMMITTEE APPROVED (Date):
Rae Davis, PC Chair

ATTEST:
Shannon Bowers, Town Clerk

8/18/23 MRB Draft Version 4
Article A: Article Descriptions
Article B: How to Use This Code
A “how to use this code” section lays out a general process of how readers should use the
document by outlining common examples seen at the administrative level of planning.
Examples such as expanded an existing use, starting a business, subdividing a property, or
submitting a text amendment are summarized in this section to give the reader a basic
understand of procedure.
Article C: Table of Contents
A table of contents is a section that provides a guide to the organization and structure of a
document. The table of contents lists the titles, sections, and subsections in the order in which
they appear within this Unified Development Ordinance (UDO).
Article 1: General Provisions
As this Unified Development Ordinance (UDO) pertains to all properties within the municipal
boundary, and that the Town has the authority to enforce its own code within the Town limits,
this section details the “big picture” of zoning and land use regulations. Additionally, this
section describes the intent of the code, to have regulations that result in quality development,
and establishment of responsible planning; all while maintaining the vision of the Community
and the Town of Chapin Comprehensive Plan. These regulations are not meant or intended to
conflict with higher regulatory bodies such as State or Federal laws. Please note, there is a
subsection within this document exists which will outline the procedure for previously approved
applications under the former code, and explains that uses or structures that do not comply
with this code are considered legal nonconforming uses and structures.
Article 2: Decision Making Bodies
This section describes all decision-making entities and persons within the Town that have
powers, duties, and responsibilities to uphold the regulations within this document. For each
decision-making body or person, the subsections described the composition, powers, duties,
appointment procedure, and term of office for the applicable review body. Additionally, this
section shall give the Administrator of the UDO and/or the Town Planning and Zoning Manager,
full power and autonomy within the limits of this document and legal authority, to enforce,
interpret, and process applications relevant to the physical development and use of land within
the Town.
Article 3: Zoning Map and Districts
The core of Planning for any jurisdiction is the division of Land Uses by the implementation of
zoning regulations. Land use categories are segregated according to their operational and
physical characteristics. Each Zoning District that the Town has defined and/or identified is
described within this section. The district definitions are supplemented by descriptions of the
intent of each Zoning District to ensure that development within the respective district
conforms to the unique character of each Zoning District, regardless of residential, commercial,
institutional, or industrial in nature. This section will also briefly describe the general lot and
building standards applicable to this section. It will indicate how lot(s) shall be accesses by
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vehicles and Utilities, illustrate or dictate road frontage dimensional standards, discuss
geometrical shapes and layout of property or lot(s), and describe the minimal property or lot
size that may be developed.
Article 4: Land Use Provisions
The previous section establishes the various Zoning Districts within the Town. This section will
detail the Land Use Provisions specific to each Zoning District and provide a Table of Permitted
Uses within in the section that will list all defined land uses permitted within the Town and
provide details for its use. The nomenclature and categories are as follows:
• Permitted (P), within the applicable Zoning District
• Conditional (C), with additional standards or requirements based on end use
• Special Exception (SE), granted by the Board of Zoning Appeals
• Permitted in Existing Buildings Only (E)
if the cell is blank (-), indicating that use is not permitted within the zoning district. After
utilizing and navigating the Permitted Use Table and finding that the desired use is allowed only
with Conditional (C) or by Special Exception (SE), the next sections list out all of those uses and
detail specific standards requiring compliance prior to approval. These standards may or may
not, but are not limited to, the appearance, operation, or location of use..
In addition to the Permitted Use Table, the UDO recognizes uses and structures that are an
accessory to the principal use. An example of an accessory use is a residential garage, backyard
chicken coop, home-based business, or a drive-thru window at a bank or restaurant. The
Accessory Use Table details what zoning district these accessory uses and structures are
permitted, and applicable regulations for each type of accessory use and structure.
Article 5: Land Development Standards
This section specifies the improvements required for a development site, including but not
limited to, underground utilities, connection(s) to public utilities, street design requirements,
streetscape requirements, provisions for driveways, open space allotment(s), and regulations
for subdivision conservation. The/ These infrastructure and site requirements are typically
prompted when a development is proposed, such as a new residential subdivision, multi-family
complex, commercial building, or commercial shopping center.
Article 6: Architectural Review/Design Standards
The Town of Chapin has three (3) architectural Overlay Districts; the Town Center, Boulevard,
and Gateway. An Overlay District is an additional District which is applied over one or more
previously established Zoning Districts, establishing additional or stricter standard(s) and/ or
criteria for applicable properties, in addition to those of the underlying zoning district. The
regulations crafted for each Overlay District(s) are unique to each district and dictate how each
is to retain and perpetuate the unique characteristics of that Overlay District. For example, the
purpose of the Town Center Overlay District is to have buildings that have a walkable
relationship to the street, facilitate a mixture of uses, and encourage the development of
environments that individuals can “live, work, and play.”
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Article 7: Landscaping, Buffers, and Tree Preservation
A tree preservation, buffer, and landscaping section is a set of regulations, guidelines, and
policies that aim to protect trees, vegetation, and natural areas within a community. This
section aims to ensure that the development, construction, and landscaping activities in the
area are in harmony with the natural environment and the community's aesthetic values. This
includes protecting trees from damage during construction projects, requiring permits for tree
removal, and implementing measures to protect trees during maintenance activities.
The buffer aspect of this section requires creating a buffer zone between natural areas and
development areas. This buffer zone serves as a transition area between the two areas and
helps to minimize the impact of development on the natural environment. Landscaping
requirements may require property owners to design and maintain their landscape in a way that
complements the natural environment. This includes planting native plants, trees, and
vegetation that are suitable for the local climate and soil conditions.
Article 8: Parking and Lighting Standards
The purpose of parking and lighting regulations is to ensure safe and efficient use of parking
spaces and lighting within a community. This section outlines rules for parking lot design,
interior landscaping, number of parking spaces required, as well as requirements for lighting
levels, placement, and maintenance. The goal of these parking and lighting regulations is to
promote public safety, reduce traffic congestion, and enhance the overall aesthetic of the
community.
Article 9: Signs
The primary form of physical advertisement for businesses, institutions, and other uses is by onpremise signage. On-premise signage is contained within the property of the use, and is either
attached to the primary building or a free-standing sign supported by a small structure. This
section regulates the number, size, location, and content of signs. These sign standards have
been carefully crafted to allow uses to have visibility to vehicular and pedestrian traffic, but also
to prevent the proliferation of signs that could pose a traffic hazard, not to mention the negative
aesthetic effects of sign pollution.
Article 10: Development Review Procedures
This section compiles all development review procedures referenced within this code. Various
approvals require decisions by Town Staff and/or other Decision-Making Entity/ Body/ Person(s)
that may require additional review(s). Other sections may reference to this section to inform the
reader as to what kind of approval is required. Each development review procedure details the
application requirements, review procedure, and appeal procedure, if necessary. This article
details the vested rights and regulations adopted by the Town.

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Article 11: Nonconformities
This code recognizes that there are existing legal nonconformities and that there will be
additional legal nonconformities created with this code. A nonconformity is a feature regarding
a property (land use, structure, setback, parking, landscaping, building material, sign, etc.) that
currently does not comply with the requirements of this code. The adoption of this code does
not insinuate or infer that the Town will retroactively attempt to correct every nonconforming
feature and/or property(ies) within the Town. This section is intended to regulate when
nonconforming properties are improved, expanded, and/or cease operations conducted prior to
the adoption of this code.
Article 12: Violations and Enforcement
A zoning violation is characterized as a property that does not meet the minimum regulation as
governed within this UDO. The most common zoning violations can be characterized as
inoperable vehicles, off-premise signs, and operating a use that is not permitted in a specific
Zoning District. If cited, and violations are not corrected and/or attempts to correct, are not
completed in a timely manner, they may result in a fine or misdemeanor charge.
Appendices
The Appendix section of this document is for supplementary documentation to this Ordinance.
You will find the list of defined terms used in this ordinance, the Town of Chapin’s Approved
Tree Species List, the approved color palette, and applicable fee schedule. The relevant section
will indicate the use of these appendices, such as when tree species are proposed during a
development project, and/or a building is under review by the Town.

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ARTICLE B: HOW TO USE THIS CODE
The Town of Chapin Unified Development Ordinance (UDO) is a compilation and library of rules and
regulations that govern how Real Property and/or Land can be used in a particular area. Using this UDO
requires careful review of the regulations and requirements for any improvement.
It is important to follow the process and obtain any necessary approvals to ensure compliance with local
zoning laws. Below are steps that should be followed prior to consideration of a development
application:
1. Identify the appropriate Zoning District: The first step in using a UDO is to determine the Zoning
District of the property you are interested in. The Zoning District is typically illustrated on a
zoning map, which is available from your local government or planning department.
2. Examine the Permitted Uses: Once you have determined the appropriate Zoning District and
examined the Permitted Uses for that District, the UDO will attempt to provide a complete list of
allowable uses for that Zoning District such as residential, commercial, or industrial. Make sure
the intended use of the property is allowed in that zoning district.
3. Acknowledge and comply with special requirements: Various Zoning Districts may dictate special
requirements, such as minimum lot size, setbacks from property lines, or maximum building
height(s). Make sure to review these requirements to ensure compliance.
4. Identify and Review Zoning Variances or Special Permits: If the intended use of a property is not
allowed and/or permitted in a specific Zoning District, it may be possible to obtain a variance or
special permit. These are typically characterized as exceptions to the UDO and allow certain uses
under certain conditions. Applicants will be required to review all requirements for obtaining a
Variance or Special Permit prior to application submission.
5. Application Submission: Applicants will submit an application to their local government or
planning department and will briefly describe the intended use of what is being applied for,
plans or improvements to be made on the property, and remit payment for associated fees. If a
Variance or Special Permit is required, additional application documents may be required.
6. Public Hearing Attendance: Contingent upon what has been applied for and/or due to a request
for Zoning Variance or Special Exception, Applicants may be required to attend Public Hearings
established by the appropriate Decision-Making Entity or Commission. Public hearing
attendance will serve as an opportunity for Applicants to present their application request and
will facilitate an opportunity to provide responses to questions derived from the applicable
decision-making body.
7. Obtain approval: Once an application has been reviewed, and any or all necessary or required
hearings have been held, a decision will be rendered. If approved, an applicant will then be
authorized to use or improve the property for the applied purpose. If denied, applicants are

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advised and encouraged to consider minor and/ or substantive revisions to their application,
planned use, and/or planned improvement(s) or to simply seek alternative options.
SPECIFIC APPLICATION INFORMATION
A. IF YOU WANT TO SUBDIVIDE YOUR PROPERTY
1. Find your zoning district and any overlay districts by looking at the Official Zoning Map
2. Determine the development standards — minimum lot sizes, setbacks, etc. — as
described in Article 3.
3. Determine approved uses, and any conditions and special exceptions that may apply —
Article 4.
4. Determine the subdivision and infrastructure standards for the proposed development of
the property in Article 5.
5. Determine the process for moving forward, as described in development review
procedures – Article 10.
B. IF YOU ARE OPENING A BUSINESS
1. Find your zoning district and any overlay districts by looking at the Official Zoning Map
2. Determine approved uses, and any conditions and special exceptions that may apply —
Article 4
3. Contact the Planning Department for a zoning permit
4. Contact Lexington County for building inspections
5. Apply for a Sign Permit and Business License at the Town of Chapin
C. IF YOU WANT TO CHANGE YOUR ZONING DISTRICT
A rezoning application must be submitted to the Zoning Administrator. The application must go
to the Planning Commission for a recommendation prior being determined by Town Council. See
Article development review procedures for application requirements and criteria for rezoning
requests.
D. IF YOU WANT TO CHANGE THE TEXT IN THIS DOCUMENT
Any citizen of the Town can initiate a code change to this document. Other entities, such as the
Planning Commission and Town Council also share the power to initiate a code change, or formally
known as a text amendment. A text amendment is initiated by submitting an application to the
Administrator (Planning and Zoning Manager)

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Code Formatting
1.

Level 1 – Chapter
1.1.

Level 2
1.1.1. Level 3
a. Level 4 (1.1.1.a)
1. Level 5 (1.1.1.a.1)
a. Level 6 (1.1.1.a.1.a)
i.

Level 7 (1.1.1.a.1.a.i)

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Article C - Table of Contents
A.
B.
C.
1.0

2.0

3.0

Article Descriptions
How to Use this Code
Table of Contents
General Provisions
1.1
Title
1.2
Authority
1.3
Jurisdiction
1.4
Purpose and Intent
1.5
Consistency With All Adopted
Plans
1.6
Conformity With All Standards
1.7
Transitional Provisions
1.8
Severability
1.9
Effective Date
Decision Making Bodies
2.1
Town Council
2.2
Planning Commission
2.3
Board of Zoning Appeals
2.4
Architectural Review Board
2.5
Building Official
2.6
Planning and Zoning Manager
2.7
Coordination with Other
Governing Bodies
Zoning Map and Districts
3.1
Purpose and Intent
3.2
Official Zoning map
3.3
Interpretation of District
Boundaries
3.4
Lot Divided By District
Boundaries
3.5
Changes
3.6
Establishment of Zoning
Districts
3.7
District Development Standards
3.8
General Lot and Building
Standards

4.0

5.0

6.0

7.0

Land Use Provisions
4.1
Purpose and Intent
4.2
Applicability
4.3
Table of Permitted Uses
4.4
Conditional Use and Special
Exception Standards
4.5
Accessory Uses and Structures
4.6
Sexually Oriented Businesses
4.7
Telecommunications
4.8
Temporary Uses
Land Development Standards
5.1
Purpose
5.2
Applicability
5.3
General Requirements
5.4
Open Space
5.5
Alternative Development
Patterns
5.6
Traffic Impact Study
Architectural Review/Design Standards
6.1
Purpose and Intent
6.2
Boundaries
6.3
Conflicts with Other
Regulations
6.4
Applicability of Design
Standards
6.5
Architectural District Standards
Landscaping, Buffers, and Tree
Preservation
7.1
Purpose and Intent
7.2
Administration
7.3
Landscaping Standards
7.4
Parking Landscaping
7.5
Perimeter Buffering
7.6
Tree Protection and
Preservation

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8.0

9.0

10.0

11.0

Parking and Lighting Standards
8.1
Purpose and Intent
8.2
Applicability
8.3
General Standards
8.4
Minimum Off-Street Parking
Requirements
8.5
Design Standards for Parking
Lots
8.6
Pedestrian Access
8.7
Lighting
Signs
9.1
Purpose and Intent
9.2
Applicability
9.3
General Provisions
9.4
Freestanding Signs
9.5
Attached Signs
9.6
Other Signs that Require a
Zoning Permit
9.7
Temporary Signs
9.8
Violations
Development Review Procedures
10.1 Purpose and General Standards
10.2 Application Procedures
10.3 Application Requirements
10.4 Zoning Permit
10.5 Architectural Review, Minor
10.6 Architectural Review, Major
10.7 Subdivision Review
10.8 Minor Subdivision Review
10.9 Major Subdivision Review
10.10 Administrative Adjustment
10.11 Special Exception
10.12 Variance
10.13 Administrative Appeals
10.14 Amendments and Rezonings
10.15 Vested Rights and Expiration of
Approvals
Nonconformities
11.1 General
11.2 Nonconforming Uses
11.3 Nonconforming Lots of Record
11.4 Nonconforming Structures
11.5 Nonconforming Signs
11.6 Nonconforming Site Features

12.0

Violations and Enforcement
12.1 Violations Generally
12.2 Enforcement
Appendices
I.
Definitions
II.
Town of Chapin Tree List
III.
Approved Color Palette
IV.
Unified Development Review Permit
and Fee Schedule

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1.0

General Provisions
1.1
Title
1.1.1 This document is to be known as the “Town of Chapin Unified Zoning &
Development Ordinance (UDO).” It should be read in conjunction with the
official zoning map noted in Section 3.2.

1.2

Authority
1.2.1 The development regulations contained in the UDO have been adopted
pursuant to the authority conferred by the South Carolina Local Government
Comprehensive Planning Enabling Act of 1994, S.C. Code 1976, § 6-29-310 et
seq.
1.2.2 The enumeration of these sections of the General Statutes is not intended to
exclude any other section of the General Statutes which grants or confirms
authority to municipalities to promulgate ordinances, rules, or regulations
similar or identical to those set forth in the Unified Development Ordinance.

1.3

Jurisdiction
1.3.1 Pursuant to the general health, safety and welfare of the community, the
articles and sections of the UDO apply as relevant to all development within the
corporate limits of Chapin in their current form and in all future extensions and
configurations as shown on the official zoning map and its periodic updates
1.3.2

Conflicting Provisions
a. Whenever the requirements made under authority of these regulations
impose stricter standards than are required in any other statute or local
ordinance or regulation, the provisions of this Code shall govern. Whenever
the provisions of any other statute or local ordinance or regulation impose
stricter standards than are required by this Code, the provisions of such
statute or local ordinance or regulations shall apply.
b. Conflict with Covenants
1. The Town does not enforce private covenants; however, the Town
may require approval from formalized neighborhood associations
before projects are approved. When there is a dispute as to the
interpretation of covenants, the Town reserves the right to issue
permits that are otherwise in compliance with this Code. Whenever
the requirements of formally adopted covenants impose stricter
standards than the provisions of this Code, the covenants shall
govern. This code does not alleviate an applicant’s responsibility to
conform with restrictive covenants. The Town may delay an
application when it is understood that a covenant exist for the
property in question. However, in case of a conflict in which this
Code is stricter than the covenants, this Code shall govern.

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2. Per Section 6-29-1145. (B) of South Carolina law, the Town shall not
issue a permit if the request or activity is expressly prohibited in
recorded covenants

1.4

Purpose and Intent
1.4.1 In accordance with SCCL Section 6-29-710, this Code is adopted for the general
purposes of guiding development in accordance with existing and future needs
and promoting the public health, safety, convenience, order, appearance,
prosperity, and general welfare. To these ends, this Code is adopted with
reasonable consideration of the following purposes, where applicable:
a. To provide for adequate light, air, and open space
b. To facilitate the creation of a convenient, attractive, and harmonious
community
c. To protect and preserve scenic, historic, or ecologically sensitive areas
d. To facilitate the adequate provision or availability of transportation, police
and fire protection, water, sewage, schools, parks, and other recreational
facilities, affordable housing, disaster evacuation, and other public services
and requirements
e. To secure safety from fire, flood, and other dangers
f. To further the public welfare in any other regard specified by a local
governing body
Specifically, the regulations contained in the UDO and other relevant adopted
plans and policies are designed to implement the following planning principles:
•
•
•
•
•
•
•
•
•

1.5

Embrace the Greater Chapin Community while preserving cultural
heritage and small-town feel
Work with regional partners to facilitate well-planned growth
Protect scenic and critical natural resources including areas surrounding
Lake Murray
Enhance transportation infrastructure by promoting connectivity
Preserve and create open spaces for public gathering and enjoyment
Develop and enhance the Town Center as a central gathering place
Expand the availability of quality housing options
Promote the local economy
Enhance quality of life through quality design

Consistency With Comprehensive Plan
1.5.1 IMPLEMENTATION OF ADOPTED PLANS AND POLICIES
In accordance with S.C. Code 1976, § 6-29-310 et seq., the UDO is intended to
implement the various development-related plans and policies adopted by the
Town Council. As such, all development plans submitted shall be in
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conformance with the Comprehensive Plan and other plans and policies
adopted by the Town.
1.6

Conformity With All Standards
1.6.1 No land, structure or parts thereof shall be used, occupied, constructed,
erected, altered or moved, unless in conformity with all of the regulations
herein specified for the zoning district in which it is located, and with all other
applicable local, state and federal laws.

1.7

Transitional Provisions
1.7.1 Existing Buildings
a. Existing buildings and appurtenances that do not conform to the provisions
of the UDO at the time of its adoption may continue in use as they are until
a substantial improvement is requested, at which time the Administrator
shall determine the provisions of the UDO that shall apply to achieve the
highest degree of conformity subject to practical limitations. Such changes
shall be subject to the provisions of Article 11, Nonconformities.
b. The modification of existing buildings is permitted subject to approval by
the Administrator if such changes result in greater conformance with the
specifications of the UDO
1.7.2 Development Subject to a Planned Development (PD) or Development
Agreement
a. Any application that has received approval for a PD district and/or
development agreement before the effective date of the UDO or any
amendment thereto may be carried out in accordance with the master plan
for the PD and its terms and conditions of approval, and the terms and
conditions of the development agreement, provided the PD and
development agreement does not expire and otherwise remains valid. If the
PD approval or development agreement expires, is revoked (e.g., for failure
to comply with time limits or the terms and conditions of approval), or
otherwise becomes invalid, any subsequent development of the site shall be
subject to the procedures and standards of the UDO.
1.7.3

Other Approved Development Permits and Approvals
a. Any other development that has received approval of a development permit
or similar approval before the effective date of this chapter or any
amendment thereto may be carried out in accordance with the terms and
conditions of the development permit or approval and the procedures and
standards in effect at the time of approval, provided the permit or approval
does not expire and otherwise remains valid. If the development permit or
approval expires, is revoked (e.g., for failure to comply with time limits or
the terms and conditions), or otherwise becomes invalid, any subsequent
development of the site shall be subject to the procedures and standards of
the UDO.
3

MRB Draft 8/23/23 _Version 4

b. Pending Applications
Any development application submitted and accepted as complete
before the effective date of this Ordinance, but still pending final action
as of that date, shall be reviewed and decided, in accordance with the
regulations in effect when the application was accepted, provided that
the permit or approval does not expire, is revoked, or otherwise
becomes invalid.
1.7.4

Photographs and Drawings
Photographs and drawings in this ordinance are for illustrative purposes only
and shall not be considered as part of the text of this ordinance.

1.8

Severability
In the event of any portion of the UDO being declared unconstitutional or invalid, such
decision does not affect the remainder of the ordinance.

1.9

Effective Date
The date of adoption of this Unified Development Ordinance is recorded as of [DATE OF
ADOPTION].

4

6.9.23 – Article 2, Version 4 – RG
2.0

Development Review Bodies / Administration
2.1
Town Council
2.1.1 Powers and Duties
a. Comprehensive Plan Amendments: To initiate, modify, and adopt a
Comprehensive Plan after receiving recommendations from the Planning
Commission.
b. Text Amendments: The Town Council shall entertain and approve, approve
with conditions, or deny proposed text amendments to this Ordinance.
c. Map Amendments: The Town Council shall entertain and approve, approve
with conditions, or deny proposed amendments to the Official Zoning Map.
d. Appointments: The Town Council shall appoint members to the Planning
Commission (PC), Board of Zoning Appeals (BZA), and Architectural Review
Board (ARB).
e. Development Improvements: Upon approval of a final plat, when
applicable, the Town Council shall determine the acceptance or nonacceptance of all dedicated streets, easements, rights-of-way, public parks,
and other public lands as shown on the plat.
f. Annexations: The Town Council shall review and act on all annexations and
have final authority on the zoning designation of the annexed parcel(s).
2.2

Planning Commission
2.2.1 Powers and Duties
a. Authority: Pursuant to S.C. Code 1976, § 6-29, et seq., as amended, there is
hereby established a Planning Commission, referred to herein as the PC, for
the Town, which shall perform all planning functions in the areas of
jurisdictional control for the Town of Chapin.
b. Territorial Jurisdiction: The PC may exercise the power set forth in Title 6,
Chapter 29 of the South Carolina Code of Laws, as amended, within the
municipal boundary in the Town of Chapin.
c. Specific Planning Activities: The PC has a duty to engage in a continuing
planning program for the physical, social and economic growth,
development and redevelopment of the Town of Chapin. The Chapin Town
Council designates to the Planning Commission the following duties:
1. Prepare and recommend revisions to the Comprehensive Plan to Town
Council for adoption.
2. Review and provide recommendations regarding public projects.
3. Review and approve, approve with conditions, or deny all applicable
subdivision applications.
4. Site Plan (Preliminary Plat) and Final Subdivision Plat review and
approval in coordination with the Administrator.
5. Review and provide recommendations to the Town Council regarding
amendments to the text of this Ordinance.
6. Review and provide recommendations to the Town Council regarding
amendments to the Official Zoning Map

6.9.23 – Article 2, Version 4 – RG
7. Review and provide recommendations to the Town Council regarding
Annexations.
2.2.2

Membership, Terms, and Compensation
a. Number: All commission members shall be appointed by the Mayor and
Town Council. The Planning Commission shall consist of five (5) members.
b. Appointment: Planning Commissioners shall reside within the Town of
Chapin, Lexington County, or surrounding area. Members shall serve until
their successors are deemed qualified and appointed, and shall meet all the
requirements for appointment as outlined within the Town of Chapin’s
ordinances and per applicable State Law. No member of the Planning
Commission shall be the holder of an Elected Public Office of the Town. All
appointed members of the Planning Commission shall have demonstrated
independent judgment and shall be able to prepare for and attend board
meetings.
c. Terms: All terms shall be for three (3) years and shall be staggered with no
more than two commissioners with the same term period, unless otherwise
noted. All terms shall expire on December 31st of the applicable calendar
year.
d. Vacancies: A vacancy, for any reason, shall be filled for the unexpired term.
e. Removal: The Town Council may remove any town-appointed member of
the PC for cause by majority vote of the Council.
f. Compensation: Any and/or All members shall serve without pay. Members
may be reimbursed for actual expenses incurred in the performance of their
duties from available funds approved in advance by the Administrator.

2.2.3

Officers, Meetings, and Quorum
a. Officers: Pursuant to State Statue § 6-29of the South Carolina Code of Laws,
1976, as amended, shall organize a local Planning Commission. The
Planning Commission shall elect a chairperson and a vice-chairperson from
its members who shall serve a one (1) calendar year appointment or until
re-elected; or until a successor is elected.
b. Meetings: Meetings of the Planning Commission shall be convened each
month within a calendar year, at the request of the Chairperson, and/or at
such other times as the majority of the Planning Commission Members or
Town Officials may determine. All meetings of the Planning Commission
shall be open to the public.
c. Quorum: A majority of the members appointed shall constitute a quorum.
d. Rules of Proceeding:
1. The Planning Commission shall adopt rules of organizational procedure
(Robert's Rules of Order).
a. The PC shall adopt and retain bylaws and rules of procedure.

6.9.23 – Article 2, Version 4 – RG
2. Commissioners that may have a conflict of interest, either perceived or
proven through the SC Ethics Commission, shall abstain from voting on
the matter that is causing the conflict.
3. In the case of an abstention where there is no conflict of interest, an
abstention from voting shall be considered a vote to approve the
motion.
e. Minutes: The Planning Commission shall keep a publicly accessible record
of its resolutions, findings, determinations, and minutes of its proceedings,
illustrating the vote of each member upon each question, or indicating
absence or failure to vote.
f. Staff: The Planning Commission shall work with Town Officials for all
applicable projects within the Town.
2.3

Board of Zoning Appeals
2.3.1 Powers and Duties
a. Authority: The Board of Zoning Appeals (BZA) is hereby established,
pursuant to the authority of § 6-29, et seq., of the South Carolina Code of
Laws, as amended, and shall hereafter be referred to as the BZA.
b. Territorial Jurisdiction: The BZA may exercise the power set forth in Title 6,
Chapter 29 of the South Carolina Code of Laws, as amended, within the
municipal boundary in the Town of Chapin. The Town Council may expand
the jurisdiction of the BZA by ordinance and/or intergovernmental
agreement, in accordance with the provisions of § 6-29of the South Carolina
Code of Laws.
c. Appeals: The BZA shall entertain and determine appropriate appeals action
where it is alleged there is an error in an order, requirement, decision, or
determination made by an Administrative Official in the enforcement of this
Code.
d. Variances: The BZA shall hear and decide requests for Variance from the
requirements of this Code when strict application of the provisions of the
Ordinance would result in unnecessary hardship.
e. Special Exception: The BZA shall permit uses by Special Exception subject to
the terms and conditions set forth for such uses in this Ordinance.
2.3.2

Membership, Terms, and Compensation
a. Appointment: All BZA members shall be appointed by the Mayor and Town
Council. The BZA shall consist of five (5) members The BZA Commissioners
shall reside within the Town of Chapin, Lexington County, or surrounding
area. Members shall serve until their successors are deemed qualified and
appointed, and shall meet all the requirements for appointment as outlined
within the Town of Chapin’s ordinances and per applicable State Law. No
member of the BZA shall be the holder of an Elected Public Office of the
Town. All appointed members of the BZA shall have demonstrated

6.9.23 – Article 2, Version 4 – RG

b.

c.
d.
e.

2.3.3

independent judgment and shall be able to prepare for and attend board
meetings.
Terms: All terms shall be for three (3) years and shall be staggered with no
more than two commissioners with the same term period. All terms shall
end on December 31st of the applicable calendar year, and members must
continue to serve until their successors are appointed.
Vacancies: Any vacancy in the membership shall be filled for the unexpired
term in the same manner as the initial appointment.
Removal: The Town Council may remove any member of the BZA for cause.
Compensation: Members shall serve without pay. Members may be
reimbursed for actual expenses incurred in the performance of their duties
from available funds approved in advance by the Administrator.

Officers, Meetings, and Quorum
a. Officers: The BZA shall elect a chairperson and a vice-chairperson from its
members who shall serve a one (1) calendar year appointment or until reelected; or until a successor is elected.
b. Meetings: Meetings of the BZA shall be held at the request of the
chairperson, by a majority of the BZA, and at such other times as the BZA
may determine. All meetings of the BZA shall be open to the public.
c. Quorum: A majority of the members appointed shall constitute a quorum.
d. Witnesses: The chairperson, or in his or her absence, the vice-chairperson,
may administer oaths and compel the attendance of witnesses by
subpoena.
e. Rules of Proceeding
1. The BZA shall adopt rules of organizational procedure (Robert's Rules of
Order)..
a. The BZA shall retain and adopt bylaws.
2. Commissioners that may have a conflict of interest, either perceived or
proven through the SC Ethics Commission, shall abstain from voting on
the matter that is causing the conflict.
3. In the case of an abstention where there is no conflict of interest, an
abstention from voting shall be considered a vote to approve the
motion.
f. Decisions: The concurring vote of three (3) members of the BZA shall be
necessary to: reverse any order, requirement, decision, or determination of
the Administrator or Building Official, or to determine in favor of an
applicant on any matter upon which it is required to pass judgement, or to
affect any variation of this Code. On all appeals, applications and matters
brought before the BZA, the BZA shall inform in writing all Parties involved
of its decisions and the resolutions, findings, or determinations thereof.
g. Contempt Penalty: In case of contempt by a Party, Witness, or other person
before the BZA, it may certify the action to the Circuit Court, and the Judge

6.9.23 – Article 2, Version 4 – RG
of the Court, in open Court or in chambers; after hearing, may impose a
penalty as authorized by Law.
h. Minutes: The BZA shall keep a record of its findings, determinations, and
minutes of its proceedings, illustrating the vote of each member upon each
question, or indicating absence or failure to vote. The Board shall keep
records of its examinations and other Official Actions, all of which shall be
immediately filed in the Office of the Zoning Administrator and shall be a
public record
i. Staff: The BZA shall work with the Zoning Administrator for all projects
within the Town.
2.4

Architectural Review Board
2.4.1 Powers and Duties
a. Territorial Jurisdiction: The Architectural Review Board, referred to herein
as the ARB, shall perform all functions defined herein within the area of
jurisdictional control within the Town of Chapin.
b. Powers and Duties: Review, approve, or deny, all applications subject to
Major Architectural Review as outlined in Section 10.6.
2.4.2

Membership, Terms, and Compensation
a. Appointment: Members of the ARB shall be appointed by the Town Council
The ARB shall consist of five (5) members appointed by Town Council. Four
(4) of the five (5) Board members must have professional backgrounds
related to this field, with one representative of each of the following
professions sitting on the Board: registered architect, real estate
professional, engineer or member of the building trades, and a Chapin
business owner. The fifth seat is open to members of the general public.
b. Terms: All terms shall be for three (3) years and shall be staggered with no
more than two commissioners with the same term period. All terms shall
expire on December 31st of the applicable calendar year and members must
continue to serve until their successors are appointed.
c. Officers: The ARB shall elect a chairperson and a vice-chairperson from its
members who shall serve a one (1) calendar year appointment or until reelected; or until a successor is elected
d. Rules of Proceeding:
1. The ARB shall adopt rules of organizational procedure (Robert's Rules of
Order).
a. The ARB shall adopt and retain bylaws and rules of procedure.
2. Board members that may have a conflict of interest, either perceived or
proven through the SC Ethics Commission, shall abstain from voting on
the matter that is causing the conflict.
3. In the case of an abstention where there is no conflict of interest, an
abstention from voting shall be considered a vote to approve the
motion

6.9.23 – Article 2, Version 4 – RG

2.4.3

2.5

2.6

e. Vacancies: Any vacancy in the membership shall be filled for the unexpired
term in the same manner as the initial appointment.
f. Removal: The Town Council may remove any member of the ARB for cause.
Compensation: Members shall serve without pay. Members may be reimbursed
for actual expenses incurred in the performance of their duties from available
funds approved in advance by the Administrator.

Building Official
2.5.1 Designation
Lexington County shall designate and empower the Building Official.
2.5.2

Powers and Duties
a. Responsibility: The Building Official shall be responsible for all duties
specified in Section 14-241 of the Lexington Code of Ordinances.
b. Powers and Duties: The Building Official shall follow the powers and duties
within Section 14-241 and other applicable code sections.

2.5.3

Appeals
Appeals for decisions made by the Building Official shall be reviewed by the
Lexington County Community Development Building Codes Board of Appeals, in
accordance with Section 14-412 of the Code of Ordinances for Lexington
County.

Planning and Zoning Manager
2.6.1 Designation
The Planning and Zoning Manager will be referred to as the “Zoning
Administrator” within this Ordinance. The Zoning Administrator shall be
defined as any person or persons designated by the Town to fulfill the duties
herein.
2.6.2

Powers and Duties
The Zoning Administrator shall:
a. Administer and enforce the provisions of this Ordinance
b. Make written interpretations of this Ordinance
c. Review and make recommendations on Project Permits where the Building
Official has authority
d. Review and process Zoning Permits
e. Review and process Certificates of Zoning Compliance
f. Review and make recommendations on Certificates of Occupancy
g. Process applications for Variances and Special Exceptions
h. Issue all permits, exception for Project Permits where the Building Official
has authority
i. Review and act on Administrative Adjustments
j. Review and act on Minor Development Design Review applications

6.9.23 – Article 2, Version 4 – RG
k. Review and make recommendations to the Architectural Review Board on
Major Development Design Review applications
l. Review and make recommendations on preliminary plats, site plans, and
final plats
2.7

Coordination with Other Governing Bodies
2.7.1 General: Approvals granted by the Town of Chapin are contingent upon the
approval, authorization, permit, or acceptance required of the proposal by
any other organization or agency. A copy of the required approval,
authorization, permit, or acceptance must be submitted to the Administrator,
prior to approval of the construction plans, issuance of a final plat approval, or
issuance of a Building Permit.

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Article 3 Zoning Districts and Boundaries

3.0

Zoning Districts and Boundaries
3.1
Purpose and Intent
For the purposes of this Ordinance, the various districts have been categorized as
Conventional Districts, Planned Developments, and Overlay Districts. Each district is
established as a specific and exclusive zoning district, and only those uses that are listed
as permitted are allowed. If a particular use of the land is not mentioned for a
certain district, that use shall be prohibited for that district unless the change is by
official amendment approved by Town Council.
3.2

Official Zoning Map
The Official Zoning Map shall be maintained in the Office of the Zoning Administrator. A
duplicate official Zoning Map shall be kept in the office of the Town Clerk. All zoning
district boundaries shall be clearly shown on the Zoning Map, and amendments shall be
recorded immediately after adoption. The official copies of the Zoning Map shall be
dated and attested by the Town Clerk, and shall be available for public inspection. The
official Zoning Map and any amendments adopted by Town Council shall constitute the
final authority for determination of zoning district boundaries. It shall be unlawful for
any person to make unauthorized changes to the Zoning Map.

3.3

Interpretation of District Boundaries
When there is any uncertainty as to the intended locations of any zoning district
boundary on the Zoning Map, the Town Staff shall make an interpretation of such map
upon request of any person. Any person aggrieved by any such interpretation may
appeal such interpretation to the Board of Zoning Appeals. The Town Staff, and the
Board of Zoning Appeals, in interpreting the Zoning Map or deciding any appeal shall
apply the following standards:
•
•
•
•
•
•

Boundaries indicated as approximately following the centerlines of streets,
highways or alleys shall be construed as following such centerlines:
Boundaries indicated as approximately following platted lot lines shall be
construed as following such lot lines;
Boundaries indicated as approximately following political boundaries shall be
construed as following such boundaries;
Boundaries indicated as following railroad lines shall be construed to be midway
between the main tracks or to follow the centerline of single tracks;
Boundaries indicated as following the centerlines of waterways, marshes or
ditches shall be construed as following such lines;
Boundaries indicated as parallel to or extensions of features shall be so
construed. Distances not specifically indicated on the Official Zoning Map shall
be determined by the scale of the map; and

8/15/23 MRB Group Version_4
•

Where physical or cultural features existing on the ground are at variance with
those shown on the Official Zoning Map, or in other circumstances not covered
by this section, the Board of Zoning Appeals shall interpret the district
boundaries.

3.4

Lot Divided by District Boundaries
No structure or accessory use may be placed, structurally altered, or have a change in
use where the structure or use is or would be included within two or more
zoning districts unless such structure or use conforms to the requirements of all
applicable district regulations.

3.5

Changes
3.5.1 Changes made to zone boundaries or other matters portrayed on the Zoning
Map shall be made in accordance with Article 10, Amendments and Rezonings.
3.5.2 The Administrator shall enter changes onto the Zoning Map within a reasonable
period of time after a map amendment is approved by the Town Council. Where
the ordinance enacting a zone boundary change contains wording explaining or
clarifying the location of the new boundary, the Administrator may enter
notations on the Zoning Map reflecting the ordinance wording.
3.5.3 No changes of any nature shall be made to the Zoning Map or matter shown
thereon except in conformity with the procedures set forth in this Ordinance.
Any unauthorized change of whatever kind by any person or persons shall be
considered a violation of this Ordinance and punishable as provided by law.
3.5.4 Regardless of the existence of purported copies of the Zoning Map that may
from time to time be made or published, the Zoning Map which shall be located
in the Department of Planning, shall be the final authority as to the current
zoning status of land and water areas, buildings, and other structures in the
Town, except in the case of proven errors.
3.5.5 The Administrator shall maintain copies of superseded versions of the Zoning
Map for historical reference.
3.5.6 Where Town limit boundaries change by virtue of annexation or some other
means, the following provisions shall apply:
a. Areas to be annexed into the incorporated limits of Chapin shall be assigned
zoning classifications by the Town Council.
b. In all cases where additions to the Town’s total area require adjustments in
the zoning district boundaries, the adjustment shall be made to the Zoning
Map.
c. When reductions are made in the Town’s total incorporated area the
provisions of this Ordinance shall no longer apply to that area.
Establishment of Zoning Districts
The following zoning districts are herby established:

3.6

(CONTINUED ON NEXT PAGE)

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Zoning District and Description
(RA) Rural Agricultural District: The intent of
the RA district is to establish and preserve areas
primarily for agriculture and rural dwellings,
forest management and various other low
density (.2 d.u./acre) uses on large sites, and to
encourage preservation of natural resources
and guard against the premature or
unreasonable alteration of land resources. This
district may be utilized for areas annexed by the
Town to preserve the existing rural
characteristics, and to prevent urban sprawl.
RR, Rural Residential District: RR districts are
intended to limit high density development (.5
d.u./acre), and to protect natural and
agricultural areas by limiting and regulating
commercial development.

SR1, Suburban Residential District 1: SR1
districts are intended to be single family
residential areas with detached units and low
population densities (1 d.u./acre).

SR2, Suburban Family Residential District 2:
SR2 districts are intended to be single family
residential areas with detached units and low
population densities (2 d.u./acre).

Illustration

8/15/23 MRB Group Version_4
SR3, Suburban Family Residential District 3:
SFR3 districts are intended to be the medium
density (4 d.u./acre) single family residential
areas with detached units.

TR1, Town Residential District 1: TFR districts
are intended for medium density (6 d.u./acre)
residential purposes, including single family
detached units, duplexes, and triplexes. These
uses shall be compatible in size and scale with
surrounding residential development.

TR2, Town Residential District 2: The purpose
of this district is to provide for a mixture of
single-family, two-family, triplexes, and other
residential uses except multifamily, on smaller
lots with a variety of setbacks as well as the
location of higher density dwellings (8 d.u./acre)
such as zero lot line homes and rowhome
developments.

TR3, Town Residential District 3: The purpose
of the TR3 (12 d.u./acre) district is to establish
and preserve multifamily residential uses
designed to encourage and continue a stable
and healthy environment for residential uses
and to exclude uses which are not compatible
with such residential uses.

8/15/23 MRB Group Version_4
VC, Village Commercial District: (12 d.u./acre)
VC districts are intended for commercial and
service uses oriented primarily to serving needs
of persons who live or work in nearby areas. A
variety of mixed-density residential uses are
permitted when paired with commercial uses.
TC, Town Center District: (16 d.u./acre) The
intent of the Town Center (TC) zoning district is
to provide an area for development of an
attractive, compact, walkable, mixeduse town center that creates a live/work/play
environment for the community.

PI, Public/Institutional District: The PI district
supports generally non-residential institutions
and employment areas that are designed in a
campus-like setting, such as hospitals,
universities, research facilities, and offices. It is
intended to ensure that these unique
institutions are designed to be compatible with
their surroundings and the rest of the Town.
CC, Corridor Commercial: It is the intent of this
section that the CC zoning district be developed
and reserved primarily as a retail service
and commercial area, serving surrounding
neighborhoods and larger community or townwide clientele with a wide range
of commercial services, including retail, offices
and business support services located in areas
which are well served by collector and arterial
street facilities as well as pedestrian access
facilities where appropriate.
IC, Interstate Commercial District: IC districts
are intended to provided businesses that serve
the traveling public along I-26 such as
restaurants, gas stations and hotels/motels, as
well as large scale retail and service
establishments.

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OC, Office Commercial: OC districts are
intended to accommodate a variety of
commercial and nonresidential uses
characterized primarily by retail, office and
service establishments not in the central
business area.

LI, Light Industrial District: LI districts are
intended to permit light manufacturing,
industrial, wholesale commercial uses which do
not create nuisances by noise or emissions
beyond the premises.

PD, Planned Development District: PD districts
designate an area for which an approved
development plan constitutes the district
regulations. It is intended to utilize the factors
of efficiency, economy, flexibility, creative site
design, improved appearance, compatibility of
mixed uses, maximum benefits from open
space, safe and efficient vehicular and
pedestrian access for a development
characterized by a unified site design for mixed
uses. A planned development district may be
predominately residential or predominately
commercial.
PO, Parks/Open Space District: The open space
district is established as a district in which the
primary use of the land is predominantly
reserved for flood control, future thoroughfare
right-of- way, public recreation, community
facility sites, airport approaches, natural or
man-made bodies of water, forests, and other
similar open space uses.

3.7

District Development Standards

(Source: Laurel Island PUD, Charleston)

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(ON NEXT PAGE)

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DISTRICT
LOT CONFIGURATION
Lot Width, Minimum
Lot Size, Minimum
Maximum Lot Coverage

RA

RR

SR1

SR2

SR3

TR1

TR2

TR3

VC

TC

PI

CC

IC

OC

LI

PO

200'

100'

75'

60'

50'

40'

None

50'

50'

50'

50'

1 acre
25%
1
d.u./acre

.5 acre
30%
2
d.u./acre

.25 acre
45%
4
d.u./acre

75'
10,000 sq.
ft.
None

None

2.5 acres
25%
0.5
d.u./acre

40'
6,000 sq.
ft
70%

50'

5 acres
25%
0.2
d.u./acre

40'
6,000 sq.
ft.
70%

N/A

N/A

15
None
None
None
25'
100'

None
None
None
None
None
N/A

30’

30’

20’

20’

45’

45’

10’

10’

None
5'
5'
5'

None
5'
5'
5'

6,000 sq. ft. 4,000 sq. ft. None None None None None
75%
None
None None 70% 70% 70%
12
12
8 d.u./acre
d.u./acre
d.u./acre
None N/A
N/A
N/A
N/A

Maximum Density
6 d.u./acre
PRINCIPAL BUILDING PLACEMENT
50'
50'
25'
25'
25'
Front Setback, minimum
15'
10'
0'
0'
0'
25
15
15
25
Front Setback, maximum*
None
None
None
None
None
25'
25'
25'
15'
10' None None None None
Side Setback (Corner)
20'
20'
10'
10'
10'
10'
10'
10'
None
None 10'
15'
15'
15'
Side Setback
20'
20'
10'
10'
10'
10'
10'
10'
None
None 10'
15'
15'
15'
Rear Setback
20'
20'
20'
20'
20'
15'
15'
10'
10'
None 25'
25'
25'
25'
Building Height
65'
50'
35'
35'
35'
35'
35'
50'
35'
65'
65'
65'
65'
65'
S-48 (Columbia Avenue)
30’
30’
30’
30’
30’
30’
30’
30’
30’
30’
30’
30’
30’
30’
From New Bridge to New Road 2***
US 76 (Chapin Road)
20’
20’
20’
20’
20’
20’
20’
20’
20’
20’
20’
20’
20’
20’
From Town Boundary traveling west to S-49 (Clark Street)****
US 76 (Chapin Road)
45’
45’
45’
45’
45’
45’
45’
45’
45’
45’
45’
45’
45’
45’
From S-49 (Clark Street) to S-29 (Saint Peters Church Road)****
US 76 (Chapin Road)
From S-29 (Saint Peters Church Road) to Town Boundary traveling
10’
10’
10’
10’
10’
10’
10’
10’
10’
10’
10’
10’
10’
10’
west****
ACCESSORY BUILDING PLACEMENT
Front Setback**
None
None
0'
0'
0'
5'
5'
5'
10'
10'
0'
10'
10'
10'
Side Setback (Corner)
10'
10'
5'
5'
5'
5'
5'
5'
5'
None
5'
5'
5'
5'
Side Setback
10'
10'
5'
5'
5'
5'
5'
5'
5'
None
5'
5'
5'
5'
Rear Setback
10'
10'
5'
5'
5'
5'
5'
5'
5'
None
5'
5'
5'
5'
Height***
*A minimum of 80 percent of the front façade must be located within the maximum front setbacks
**The front setback for accessory buildings shall start at the principal façade of the principal use.
***The height of an accessory building shall not be greater than the height of the principal building, unless located in a Public Institutional (PI) or Light Industrial (LI) zoning district.
**** Based on the plans provided in the SCDOT S-48 (Columbia Avenue) Corridor Improvement Project and on plans by SCDOT to perform a feasibility study, potentially resulting in the widening of US 76 (Chapin Road).

None
None

8/15/23 MRB Group Version_4
3.8

General Lot and Building Standards
3.8.1 Standards Not Exclusive
In addition to the lot and building provisions in this article, standards for lots
and buildings in related building and fire codes may also apply.
3.8.2

Interpretation of Fractional Measurements
When any requirement of this ordinance results in a fraction of a unit, a fraction
of ½ or more shall be considered a whole unit and rounded up to the nearest
whole number.

3.8.3

General Lot Standards
a. Lot Occupancy: No building shall hereafter be erected, altered or moved to
occupy a greater percentage of lot area than is permitted within the zoning
district in which it is or will be located.
b. Lot Reduction: No lot shall be reduced in size which will not maintain the
total lot area, lot width, necessary yards, courts or other open space, lot
area per dwelling unit or other requirements of this article.
c. Yard Use Limitations: No part of a yard, court or other open space or offstreet parking required in connection with any building for the purpose of
complying with the regulations of this article shall be included as part or all
of the required yard, court, or other open space or off-street parking for
another building or structure, except as provided in this article.
Lot Setbacks
a. Irregular Lots: The location of required setbacks on irregularly shaped lots
shall be determined by the Town Staff in accordance with the following
provisions:
1. Irregular Lot Lines: Generally, side lot lines shall be perpendicular or
radial to the street right-of-way, and rear lines should be approximately
parallel to fronting right-of-way lines. Irregularly shaped lots shall be
permitted at the discretion of the Administrator when unique site
conditions exist.
2. Irregular Lot Setbacks: The location of required front, side, and rear
yards (or setbacks) on irregularly shaped lots shall be determined by the
Administrator, based on the prevailing spacing of buildings on the
adjacent parcels. Where questions arise as to appropriateness, the
applicant may be requested to provide additional design information.
b. Double- and Triple-Frontage Lots: On lots with two street frontages, not
located at a corner, or with three frontages and located at a corner, the
front setback will apply to both the street that the building derives its
address from, in addition to the opposite, parallel street. This does not
apply to lots located on a corner with a rear alley. Double- and Triple
Frontage lots shall base their setback regulations based on the street that it
derives its address from. Double frontage lots shall be avoided except in
commercial zones, where essential to provide separation of residential

3.8.4

8/15/23 MRB Group Version_4
development from railroad or major street right-of-way or from
non-residential uses or where necessary due to topography. Where a
railroad or major thoroughfare right-of-way, as shown on the major
thoroughfare plan, abuts or runs through any portion of the subdivision, the
subdivision plat shall provide for either a minor street or lots backing onto
said right-of-way having a minimum depth of two hundred (200) feet
c. Flag Lots: The use of flag lots in residential subdivisions shall be permitted
only if dictated by the terrain. Flag lots shall not be permitted to solely
allow an increase in the number of lots. The access drive to a flag lot shall
have a minimum width of 30 feet and shall be a deeded part of the lot so
accessed. No two flag lots may abut or converge at the (poles) street rightof-way
d. Corner Lots: Corner lots shall be at least five (5) feet wider than interior lots;
provided however, the maximum required width of corner lots shall be one
hundred (100) feet (need dimensional standards footnote). The minimum
side building setback distances shall be at least the minimum front building
setback distance for the side adjacent to the street
e. Setbacks from Designated Corridors: Setbacks shall be measured from the
future right-of-way established for specifically-designated streets in an
adopted corridor plan or subdivision if the adopted plan shows, at a
minimum, the horizontal alignment of the future roadway, pedestrian and
bicycle amenities, streetscape improvements and necessary right-of-way,
and other applicable requirements.
f. Residential variances and restrictive covenants: The Town Staff shall only
grant an Administrative Adjustment (Section 10.10) for a lot size or setback
requirement that conforms to the restrictive covenants of a subdivision
existing at the time of the adoption of this chapter or at the time of
annexation into the town.
3.8.5

3.8.6

Infill Lot Setbacks
In certain neighborhoods, historic setbacks do not conform to current
standards. It is the intent of the UDO to create predictability within blocks and
not reduce or enlarge setbacks where existing precedents are present. The
Town Staff shall have the authority to determine setback for infill lots to ensure
compatibility with adjacent structures unless superseded by an adopted plan
Encroachments
The features listed below shall be permitted to encroach into a required yard or
right-of-way, as applicable. Nothing in this section shall be misconstrued to
conflict with any other portion of this Ordinance.
a. Encroachment over Sidewalks: With approval of the City, county or SCDOT
(whichever has authority over a street), awnings, arcades, canopies, and
galleries, may encroach over the sidewalk to within 2 feet of the curb, but
they shall provide a vertical clearance of at least 8 feet from any sidewalk.

8/15/23 MRB Group Version_4

b.

c.

d.

e.

f.

g.

h.

i.

This encroachment is only permitted in the Town Center (TC), Village
Commercial (VC), and Town Residential Districts (TR1, TR2, and TR3).
Upper Story Encroachments: Bay windows, balconies, and similar features
projecting from the principal building may encroach up to 50% of the depth
of the front and street side setback. With approval of the City, county or
SCDOT (whichever has authority over a street), upper-story balconies or bay
windows may encroach over the right-of-way a maximum of 3 feet, but they
shall provide a vertical clearance of at least 8 feet from any sidewalk. This
encroachment is only permitted in the Town Center (TC), Village
Commercial (VC), and Town Residential Districts (TR1, TR2, and TR3).
Lower Story Encroachments: Cornices, eave overhangs, chimneys, flues, bay
windows, and similar projections (including gutters) may encroach up to 2
feet into any required yard.
Covered Porches: Covered porches may encroach a maximum of 8 feet into
any required front yard or street side yard setback and to within 5 feet of
any interior side or rear yard property line.
Uncovered Porches, Decks, Patios, Steps and Stairs: Uncovered and
unenclosed porches, decks, patios, steps and stairs, and other similar
features may encroach to within 5 feet of any interior side and rear
property line. Steps and stairs may encroach up to 100% of the depth of any
required street yard setback, but may not encroach upon any public
sidewalk.
Walkways and Driveways: Uncovered and unenclosed walkways, and
driveways may encroach up to 100% of the depth of any required setback,
unless a buffer (Section 7.5) is required.
Handicap Ramps and Lifts: Ramps, lifts, fire escapes, or other required
accessibility structure by the fire or building code that is attached to the
exterior of a building may encroach into any required yard but may not be
closer to any property line than 5 feet. Such features shall not be located in
a front yard if it is possible to accommodate them in a side or rear yard.
Mechanical Equipment: Mechanical equipment such as pool pumps,
ventilation systems, heating and air conditions units, tv antennas, and
satellite dishes, and other similar equipment determined by the
administrator, may encroach up to 25% into a required side or rear yard.
Mechanical Equipment shall comply will screening requirements in Section
7.3.9.
Fences and Garden Walls: Fences and garden/yard walls may encroach into
required setbacks. The support structures for fences shall be located on the
inside of the fence, and no fence, wall or hedge shall exceed the following
dimensions:
1. In all districts fences within the front or street side setback shall be a
maximum of 4’ in height.

8/15/23 MRB Group Version_4

3.8.7

a. In the Light Industrial (LI) zoning district parcels fronting a Primary
Street may have fences or walls up to 6 feet in height. Parcels
fronting all other streets may be up to 10 feet in height.
b. When residential uses are adjacent to commercial, industrial, or
other nonresidential use, the administrator may increase this height
requirement to 7’.
2. Side or rear setback of residential districts: Privacy fences or walls may
be a maximum of 8’ in height.
3. Side or rear setbacks of nonresidential and industrial: Fences or walls
may be a maximum of 10’ in height.
j. Mailboxes: Mailboxes may encroach into a front setback area.
Measurement of Height
a. Building Height: Building height is measured as the vertical distance from
the mean grade elevation taken at the fronting street side of a structure to
the roof line of a flat roof, the ridge of a pitched roof, or the deck line of a
mansard roof.
b. Under-roof areas with dormers shall be counted as half-stories.
c. Exemptions from Building Height Requirements: Unless specifically stated
otherwise elsewhere in this ordinance, the height requirements established
in this ordinance shall not apply to:
1. Building elements (such as church spires, towers, cupolas, domes, etc.)
not intended for human occupancy;
2. Structures that are an accessory to institutional uses (such stadium
press boxes);
3. Water towers, transmission towers, and observation towers, unless
otherwise regulated in this ordinance;
4. Flagpoles, masts, and antennas (not otherwise regulated elsewhere);
and
5. Mechanical penthouses not exceeding 15 feet in height which are set
back at least 20 feet from the front elevation of the building, and not
visible from view from the public right-of-way.
d. Other Height Requirements: Height requirements for signs, lighting,
landscape screens, and all other structures or objects for which a
dimensional height requirement is established by this ordinance shall be
measured as the vertical distance from the highest ground level at the
structure or object’s foundation to its highest point.

8/17/23 – MRB Group – Version_9
Article 4 – Land Use Provisions

4.0 Land Use Provisions
4.1. Purpose and Intent
The use provisions in this chapter indicate which uses and activities are permitted by right,
permitted with conditions, permitted by special exception, and prohibited. The provisions are
intended to produce the desired development outcomes for each district as set forth in the
Comprehensive Plan and in Article 3 – Zoning Map and Districts.
4.2. Applicability
No land, building or structure, including signs, shall be used or occupied, and no building or sign
shall be constructed, altered or moved, unless in conformity with the regulations herein
specified for the particular zoning district.
4.3. Table of Permitted Uses
4.3.1. Use Permissions Defined
The Use Table in Section 4.3.2 assigns one of the following permissions to each use in
each district:
a. Permitted Use (P)
The use is permitted by-right, with no additional conditions or requirements.
b. Existing Buildings Only (E)
The use is permitted in existing buildings only and is considered a legal
nonconforming use. Any expansions over 20% to the gross floor area, or
renovations exceeding parameters in regulated by Article 11.
c. Conditional Use (C)
The use is permitted, provided that the additional use conditions set forth in this
article are met.
1. The specified conditions are intended to ensure that these uses are compatible
with other development permitted within the districts.
2. Approval procedures for conditional uses are in Section 10.4, Zoning Permit.
d. Special Exception (SE)
The use is permitted only when a Special Exception has been approved.
1. Special Exceptions are required for uses that may be compatible with other uses
permitted in a district, but which, because of their unique characteristics or
potential impacts on the surrounding neighborhood and/or the Town as a
whole, require individual consideration in their location, design, configuration,
and/or operation at the particular location proposed.
2. All applications for Special Exceptions shall, at a minimum, meet the standards
for the district in which they are located and the additional standards set forth
in this article for that use. There may also be specific building design standards
that must be met (Article 6).
3. Approval procedures for Special Exceptions are found in Section 10.11.
e. Prohibited Uses (blank)
The use is prohibited in the specified district
1

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4.3.2. Table of Permitted Uses

(PAGE INENTIONALLY LEFT BLANK)

2

8/17/23 – MRB Group – Version_9
Type of Use

AGRICULTURAL
Horticultural nursery
Agricultural Uses or Animal Production
CAFO
Campground
RV Park

RESIDENTIAL USES
Accessory Dwelling Unit
Bed and Breakfast Residence (5 or less)
Bed and Breakfast Inn (6-10)
Conservation Subdivision
Day Care Home - Large (6-10)
Day Care Home - Small (5 or less)
Dwelling, Detached Single Family
Dwelling, Two-Family
Dwelling, Three-Family
Dwelling, Multi-Family
Group Home - Large (8 or more)
Group Home - Small (7 or less)
Manufactured Home
Manufactured Home Park
Nursing Homes
Rowhome
Short Term Rental
COMMERCIAL
Automobile Service Station, Major
Automobile Service Station, Minor
Automobile, ATV, Motorcycle, or Boat Sales
Automotive Parts Stores
Bar or Night Club
Car Wash
Catering Service
Check Cashing
Commercial Day Care Center
Convenience Store
Drive-In Theater
Dry Cleaning
Financial Institutions
Funeral Homes
Garden Centers
General Retail
Hardware Stores
Hotels/Motels

RA

RR

SR1

C
C
SE
C
SE

C
C

C

C
C
C
C
SE
SE
P
P

C
C
C
C
SE
SE
P

C
C

SE

SE

C

C

C
C

TR3

VC

TC

PI

CC

IC

OC

LI

C

C

C

C

C
SE
P
P

C
SE
P
P

C
SE
P
P

C
C
SE

SE
C

C

C

C

C

SE

SE

C
C
C

C
C
C

SE
P
P
P
C

E
E
P
P
SE
C

P
P
C

SE
C

SE
C

SE
P
P
P
P
C
SE
C

P

P
P
C

P
P
C

SE

C

PO
C

C
SE

SE
C
C

SE

SECTION 4.3.2 - TABLE OF PERMITTED USES
SR2
SR3
TR1
TR2

SE

C
C

SE
C
C
C
C

C
C

3

SE

C
C

C
C

C

C

C

C

SE
C

SE
C

C
P
SE
C
C
C

C

4.4.2 .a
4.4.2 .b
4.4.2 .c
4.4.2 .d
4.4.2 .e

C
C

C
P

C
P

P
C

P
C

SE

P

Code Section
4.4.1
4.4.1 .a
4.4.1 .b
4.4.1 .c
4.4.1 .d
4.4.1 .e

P
C
E
E

4.4.2

4.4.2 .g
4.4.2 .f
4.4.2 .h
4.4.2 .h
4.4.2 .i

SE

P
4.4.2 .k

C
C
C
P
C
C
P
SE
P
P

C
C
C
P
C
P

P
P
P
P
P
P
P

P
P

P

P
P
P
P

P

C
P

P

4.4.3.a
4.4.3.a
4.4.3.b
4.4.3.c
4.4.3.d
4.4.3.e
4.4.3.f
4.4.3.g
4.4.3.h
4.4.3.j
4.4.3.k
4.4.3.l
4.4.3.m
4.4.3.n

4.4.3

8/17/23 – MRB Group – Version_9
Type of Use
Indoor Storage
Liquor Stores
Microbrewery, Micro-Distillery, Micro-Winery
Miniature Golf
Mixed-Use Building
Office Building
Office, Medical
Office, Non-medical
Outside Display/Sales
Parking Lots
Personal Service
Pet Boarding
Restaurant, Full Service
Sexually Oriented Businesses
Specialty Retail
Tattoo Parlor
Tobacco Stores
Vape, E-Cig, store and lounges
Veterinarian
INSTITUTIONAL, CIVIC, OR PUBLIC
Amphitheaters
Cemetery and Mausoleums
Civic and Social Organizations
Colleges, Universities, and Vocational Schools
Elementary Schools
Farmers Market, Indoor
Farmers Market, Outdoor
Golf Course
Government Building or Facility
Hospital
Kindergarten or Pre-school
Parks and Open Space
Public Utility Stations
Recreational Facilities
Religious Assembly
Secondary Schools
Sports Stadium
Theater
Transportation Terminal (Bus and Rail)
INDUSTRIAL
Animal Shelters
Correctional Facility
Crematory
Heavy Equipment Rental

RA

RR

SR1

SR2

SR3

TR1

TR2

TR3

C

C
C
C
C

C

C
C
C

C

C

VC

TC

C
C

C
C

P
SE
P
P

P
SE
P
P

C
P
SE
P

C
P
SE
P

P

P
SE
P
SE
C

C
C

C

P
C
C
SE
C
C
P
C
C
SE
P
P
P
P
SE
SE

P

SE

SE

P
SE
SE
SE

P
SE
SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

C

C

C

SE
C
C
P
C

SE

SE
C

SE

C
SE

SE
P
P
P
P
SE

SE
P
P

SE
P
P

SE
P
SE

SE
P
SE

SE
P
SE

SE
P
SE

P
SE

C
SE

C
SE

C
SE

C
SE

SE

SE
C
P
SE
SE
C
C

C

P

P
SE
SE
P
SE

SE
P
SE
SE
C
SE
SE
C
SE
SE

4

P
SE
SE
C
C

C
SE
C
SE

PI

CC

IC
P
P
P

OC

C
P
P
P
C
P
P
P
SE
P

C
P
P
P
C
P
P
P
SE
P

P
P
P

C
SE
P

SE
P

P
P
C

P
P
P
P
SE
P
P
SE
P
P
SE
P
P
P
P
SE
P
P
P

C
SE
P
P
SE
P
P
P
P
SE
P
P
P
P
SE
P
P
P

P
P
SE
P
P

SE
SE
SE

P

P
SE

C

C

SE
P
SE
P

C
SE

SE

LI
P

PO

4.4.3.o
4.4.3.p
4.4.3.q

C

4.4.3.s
4.4.3.r
4.4.3.t
4.4.3.u
4.4.3.v
4.4.3.w
4.4.3.x

C
C

4.4.3.y
4.4.3.z
4.4.3.aa
4.4.3.bb
4.4.3.cc

P
C
SE
P
P
SE
P
P
P
P
SE
P
P
P
P
SE
P
P
P

Code Section

C
SE
C

4.4.4.a
4.4.4.b
4.4.4.c
4.4.4.d

C
C

4.4.4.e
4.4.4.e

P

P
P

P
SE

4.4.4

4.4.4.f
4.4.4.g

P
SE
4.4.4.h
4.4.4.i

SE

SE
P
P

4.4.5

4.4.5.a

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Indoor Shooting Range
Type of Use
Junk Yard or Scrap yard
Manufacturing or Production Facility
Outdoor Shooting Range
Outdoor Storage
Repossession Services
Telecommunication Tower
Truck Sales and Service
Warehouse
Wholesale Trade

SE
RA
SE

SE
RR

SE
SE

SE

SE

SE

SR1

SR2

SR3

TR1

TR2

TR3

VC

TC

PI

SE

SE
SE

5

SE
CC

SE
IC

SE
C
SE
SE

SE
C
SE
C
C
P

OC

SE
LI
SE
P
SE
C
P
SE
P
P
P

PO

Code Section

4.4.5.b
4.4.5.c
4.4.5.d
4.4.5.e

8/17/23 – MRB Group – Version_9

4.3.3. Multiple Principal Buildings or Uses Per Lot
When all principal uses of a development fall within one use category, the entire
development is assigned to that use category. When the principal uses of a
development fall within different use categories, each principal use is classified in the
applicable category and each use is subject to all applicable regulations for that
category.
4.3.4. Unlisted Uses
Where proposed development contains a use not listed within the Use Table in Section
4.3.2, the Administrator shall determine the most similar listed use and to apply the
standards of such use. This determination shall be based on the definitions contained in
this Ordinance, the purpose and intent of the respective zoning district, characteristics
of the use including hours of operation, employees, required floor area, building or site
arrangement, and any commonly accepted use-based guides (e.g., North American
Industrial Classification System (NAICS), Institute of Transportation Engineers (ITS) Trip
Generation Guide), and may be appealed using the process identified in Section 10.13.
4.4. Conditional Use and Special Exception Standards
4.4.1. Agricultural Uses
a. Horticultural Nursery
1. Lot Size: Minimum 2 acres
2. Sale of Produce: Produce stands shall be setback at least 25 feet from the edge
of pavement or the back of curb, and shall be located entirely within private
property. If the applicant is not the owner of the property in which the produce
stand is located, they must have written authorization to use the site. The
Administrator may request additional information to ensure health and safety
measures are met.
3. Animals: Any use under this classification shall not butcher or otherwise
prepare meat for individual sale on-site. All sale of livestock and agricultural
products shall adhere to all applicable local, state, and federal regulations.
b. Agricultural Uses or Animal Production
1. Lot Size: Minimum 2 acres
2. Sale of Produce: Produce stands shall be setback at least 25’ from the edge of
pavement or the back of curb, and shall be located entirely within private
property. If the applicant is not the owner of the property in which the produce
stand is located, they must have written authorization to use the site. The
Administrator may request additional information to ensure health and safety
measures are met.
3. Animals: Any use under this classification shall not butcher or otherwise
prepare meat for individual sale on-site. All sale of livestock shall adhere to all
applicable local, state, and federal regulations.
c. CAFOs
1. Location: No structure or other facility of a CAFO for swine shall be located
closer than one thousand (1,000) feet to the adjoining property line, unless the
6

8/17/23 – MRB Group – Version_9
titleholder of the adjoining land executes a waiver with the titleholder of the
land where the CAFO for swine is established or proposed to be established,
under terms and conditions that the parties negotiate. However, if the CAFO for
swine is located on the adjoining property or within one thousand (1,000) feet
of a proposed facility, the property line setback applicable to the proposed
facility cannot be reduced by consent of the adjoining property owner. CAFOs
for swine shall be located no closer than two thousand (2,000) feet from the
outer edge of a lake, river or stream, including ephemeral, intermittent, and
perennial streams as defined by the SC Forestry Commission. CAFOs for swine
containing one million (1,000,000) pounds (normal production live weight) or
more shall be separated a distance of twenty-five (25) miles. CAFOs for swine
containing more than five hundred thousand (500,000) pounds but less than
one million (1,000,000) pounds shall be separated a distance of not less than
two (2) miles
2. Setbacks: Setback and separation standards for CAFOs for animals other than
swine shall be as required by the regulations of the state department of health
and environmental control.
3. Wind Studies: The Administrator may require a wind study to be completed, by
a certified professional with experience with conducting wind studies, to ensure
that nearby properties are not negatively affected by the use.
d. Campground
1. Lot Size: Minimum of 5 acres
2. Maximum Density: For permanent, habitable, structures, 4 units are permitted
per acre. Individual campsites may not exceed 8 campsites per acre. All
permanent structures shall be required to have a valid certificate of occupancy.
3. Maximum Stay: No person or tent may occupy the campground for a period in
excess of 30 calendar days in a 90-calendar day period.
4. Operation: A register of all occupants, the space occupied, and the time of
arrival and departure shall be maintained by the on-site manager.
5. Recreation: All campgrounds shall have a recreational element such as access
to trails, horse riding, hunting, fishing, kayaking or other similar activity
commonly associated with outdoor activities. All activities shall have the proper
state and federal licenses, when required.
6. Infrastructure: A central service building containing all necessary toilets,
bathhouses and other plumbing fixtures specified in the most current edition of
the Plumbing Code, as amended, shall be provided.
a. Cabins: If a campground only contains cabins, as described within this
section, the requirement for a central service building may be waived by the
Administrator.
7. Buffer: All spaces for camping and recreational vehicles shall be located at least
150 feet from any nearest property line.
8. Dumpster: The site shall have adequate, regular trash collection from a
centrally located dumpster. The dumpster shall be enclosed (per Section
7.3.9.b) and secured to prevent windblown litter or access to animals.
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e. Recreational Vehicle (RV) Parks
1. Lot Size: Minimum of 5 acres
2. Maximum Units: Eight (8) units per acre
3. Maximum Stay: No RV may occupy the park for a period in excess of 90
calendar days in a 120-calendar day period.
4. Individual lots: Each leasable lot for a RV shall be a minimum of 35feet wide.
5. Parking: One off-street parking space per individual leasable lot.
6. Accessory Buildings: No accessory buildings used for bathrooms, utilities or
other supporting infrastructure shall be permitted for occupancy.
a. Bathroom: All parks shall have adequate toilet facilities
b. Recreation: All parks shall have a recreational element with access to trail,
water feature, picnic tables, playgrounds, or similar feature.
7. Fire Apparatus Access Road: Shall provide fire access roads per South Carolina
law.
8. Fire Hydrant: Shall provide fire hydrant systems when served by a public water
system. Any requirements by the Lexington County Fire Marshal shall supersede
the requirements in this section.
9. Land Disturbance: All land disturbance activities shall receive all applicable
local, state, and federal permits prior to the work being commenced.
10. Buffer: All RVs within the park shall be setback a minimum of 150 feet from
property lines. A Type C landscape buffer, as defined in Article 7, shall be
required within this setback.
11. Dumpster: The site shall have adequate, regular trash collection from a
centrally located dumpster. The dumpster shall be enclosed and secured to
prevent windblown litter or access to animals.
12. Condition of Vehicles: All RVs shall be operable and moveable. Non-operable or
immoveable vehicles shall be removed from the site within 10 days of nonoperability or state of immovability. No RV is permitted to be added-on to, or,
be permanently affixed to utilities.
4.4.2. Residential Uses
a. Accessory Dwelling Units
1. General Standards: Shall be subordinated in size, scale, and orientation relative
to the principal use.
2. Materials: Shall be composed of the same or similar or compatible materials as
the principal use. Similar or compatible materials shall be determined by the
applicable review entity.
b. Bed and Breakfasts
1. Applicability: The regulations in this section apply to both Bed and Breakfast
Inns and Residences.
2. Operation: The use shall be owner-occupied. No hourly rates shall be
permitted. Overnight, weekly, or monthly rates are permitted.
3. Register: The owner shall maintain a register of guests, including name, address,
and date of occupancy, including check-in and check-out.

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4. Licenses: The resident owner shall obtain a business license with a valid
Certificate of Occupancy.
5. Design: The principal structures shall retain its single family to remain
compatible within the district that it is located. This condition applies when a
residence is constructed or converted to become a Bed and Breakfast, and also
when an existing Bed and Breakfast is expanded.
6. Accessory Structures: Short term rental units may be permitted within already
approved and compliant accessory dwelling unit. Manufactured Homes may
not be used for a Bed and Breakfast, Inns or Residences.
7. Meals: The owner shall provide a meal for breakfast to all guests. Meals shall
only be served to registered guests.
8. Bed and Breakfasts with Commercial Meeting Privileges: Shall adhere to all
regulations in Section 4.4.2.b above. Additionally, the hosting of events such as
weddings, business meetings, retreats, reunions, and other organized events
shall only be permitted with the following conditions:
a. Location: Only permitted in Rural Agricultural (RA), Rural Residential (RR),
Town Residential 1 (TR1), Town Residential 2 (TR2), and Town Residential 3
(TR3) districts.
b. Operation: The home’s principal use is residential. The operation of the
facility does not incur repeat or reoccurring violations to the Town’s noise
ordinance, or other Ordinances of the Town. Such repeat violations may
result in suspension or revocation of the business license.
c. Minimum lot size: .5 acre, unless the applicant demonstrates conformance
with the below parking requirement and receives the applicable approval
from the Fire Marshal.
d. Parking: The site can accommodate at least 50 on-site parking spaces.
Parking surfaces may be unimproved, however a site plan showing parking
spaces, circulation patterns, and means of ingress and egress shall be
required and evaluated by the Administrator prior to issuances of a permit.
c. Conservation Subdivision
1. See Article 5 for land development regulations for Conservation Subdivisions.
d. Day Care Homes
1. Applicability: The following regulations are applicable to both Small and Large
Day Care Homes:
a. Must have a playground or other outdoor recreational equipment
b. The playground or outdoor play area shall be enclosed by a fence or wall. All
access shall be secured from the exterior. Similar methods for securing
outdoor play areas may be considered by the Administrator if the applicant
implements best practices for Crime Prevention Through Environmental
Design (CPTED).
c. Shall receive all applicable Federal, State, and Local licenses, such as a license
from the South Carolina Department of Social Services. Proof of approval
from applicable agencies shall be provided to the Administrator at the time
of application.
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2. Applicable to Large Day Care Homes:
a. Lot Size: Minimum 20,000 square foot lot
e. Dwelling, Detached Single-Family
1. Applicable to Village Commercial (VC): Shall have a commercial component, and
fall under the live/work use definition. Commercial components include home
occupations, short term rentals, day cares or Bed and Breakfast uses. The
commercial space shall front the street, the residential portion shall be either in
the rear or the second story of the live/work unit. Building design shall be
compatible with surrounding properties in terms of scale, orientation, massing,
setback, and material composition. Access from alleys or from the rear is
encouraged, when alley is already present and contiguous to the lot alley access
is required.
f. Dwelling, Multi-Family
1. Building Design: Requires a Major Architectural Review (Section 10.6).
2. Buffers: Shall comply to standards in Article 7.
3. Mixed-Use: Multi-family units above first-floor commercial uses are required
within the Town Center (TC) and Village Commercial (VC) districts.
4. Open Space Requirements: Shall provide on-site amenities for residents such as
dog parks, gyms, plazas, courtyards or other similar features as permitted by the
reviewing entity.
g. Dwelling, Three-Family
1. Building Design: Requires a Major Architectural Review (Section 10.6).
h. Group Home
1. License Required: Shall be licensed and regulated by all applicable Federal,
State, and Local agencies. Proof of licensure shall be provided to the
Administrator.
2. Operation: Shall be well maintained inside and outside, be safe and sanitary,
and not be occupied by a person who would constitute a direct threat to the
health and safety of other persons. The minimum stay of each occupant,
excluding employees, shall be no less than 30 days.
3. Spacing: Group Homes located within Suburban Districts (SR1, SR2, and SR3)
shall not be located within a radius of three thousand (3,000) feet of another
Group Home, as measured from the nearest point of the existing home property
line to the property line of the proposed home. Group Homes located within all
other districts shall be not be located within a radius of one thousand (1,000)
feet of another Group Home.
4. Group Home Large (8 or more)
a. Minimum Lot: 30,000 sq. ft.
b. Emergency Services: Shall demonstrate that the use is serviceable by the
appropriate emergency service depending on services offered by the Group
Home.
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1. Applicability: Any manufactured home constructed before July 1, 1970, must be
approved by Underwriters’ Laboratories and any manufactured home
constructed after that time must meet all applicable state and federal standards
2. As an Accessory: Manufactured Homes shall not be used as an accessory
dwelling unit, unless within a Rural Residential (RR) and Rural Agricultural (RA).
3. Design Standards
a. All manufactured home shall have a permanent and continuous foundation
enclosure, unpierced, except for required ventilation and access, shall be
installed. The enclosure may consist of brick, or other masonry, or wood.
b. Any wood framing for foundation skirting shall be constructed with treated
lumber. The foundation or skirt shall be in compliance with all applicable
codes and regulations.
c. Any tongue, axles, running lights, and removable towing apparatus must be
removed or screened prior to the issuance of a certificate of occupancy.
d. Roofs must be covered with a material that is customarily used on site-built
dwellings. The pitch of the main roof shall not be less than 3:12. Minimum
overhang of eaves shall be twelve (12) inches.
e. Exterior siding shall be wood, vinyl, metal horizontal siding, brick, fiber
cement board, stucco, or similar materials. Smooth, ribbed, or corrugated
metal or plastic panels, exposed plywood, and materials with a high-gloss
finish are not permitted.
f. All such units shall be required to have adequate sanitary facilities with such
facilities being properly connected to the sanitary sewer system of the town
and be served by a separate electric meter. Exceptions for septic systems
may be granted where no existing sanitary sewer system connections are
available and approval is granted from the South Carolina Department of
Health and Environmental Control (SCDHEC).
g. Minimum width of the manufactured home as assembled on the site shall
not be less than 20 feet, as measured across the narrowest portion.
j. Manufactured Home Parks
1. Minimum Lot Size: 2 acres
2. Infrastructure: The site shall be served by public water and sewer
facilities when connections are available. Exceptions for septic systems
may be granted where no existing sanitary sewer system connections
are available and approval is granted from the South Carolina
Department of Health and Environmental Control (SCDHEC).
3. Emergency Services: Shall be within the service area of police, fire, and
ambulatory services and supply a document to the Administrator stating
the availability of services.
4. Security: On-site security operating 24 hours a day, 7 days a week is
required.
5. Minimum Width of Leasable Lot: 40 feet.
6. Open Space: 20% of the total land shall be devoted to open space.
Types of permitted open or green spaces can be found in Article 5.
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k.

Short Term Rental
1. Inspection Required: All short-term rental units shall have a valid
Certificate of Occupancy on file at all times.
2. Operation: Meals may be served only to registered guests, their visitors,
and private contracted gatherings. All licenses relating to the operation
of a short-term rental shall be obtained. The owner shall display the
business license number on any online listing.
3. Record: The resident owner shall maintain a guest register to include
names, addresses, and dates of occupancy of all guests.
4. Parking: For every rentable unit, one on-site parking space must be
provided unless located in the Town Center or Village Commercial
zoning district. On-street parking may be allowed on a case by case
basis. Short term rentals within the Town Center are exempt from this
parking requirement.
4.4.3. Commercial Uses
a. Automobile Service Stations
1. Fuel Sales: Fuel pumps may be an accessory to Automobile Service Stations.
Fuel sales as an accessory to Grocery Stores shall be permitted per the
accessory use table in Section 4.5.2.
2. Screening of Vehicles: All vehicles being stored on the property for the
purposes for repair, service, or maintenance shall be located in the rear of the
building and screened from the public right-of-way, and adjacent property
3. Canopy and Fuel Pumps: Shall be oriented to the side or rear of the principal
structure.
b. Automobile, ATV, Motorcycle, or Boat Sales
1. Parking of Vehicles: No vehicles shall be stored on an unimproved surface,
required buffer, berm, or landscaping feature. No vehicle shall be elevated for
the purposes of advertising, by any means, above the parking grade. Vehicles
for repair shall be stored in the rear or side, screened from the public right of
way, and adjacent property. No vehicle undergoing repair services, under any
circumstance, should be on-site for more than 90 days.
2. Service Bay Doors: Repair of vehicles or boats shall occur within an enclosed
building. Service bay doors shall not be visible from the public right-of-way. If
service bay doors face a residential property, they shall be opaquely screened
from view.
c. Bars and Nightclubs
1. Location: Shall not be located within 250 feet, as measured from nearest
property line, to a Suburban Residential (SR1, SR2, and SR3) district. Shall not be
located within 500 feet of a place for religious assembly or school, unless
located within the Town Center or Village Commercial district.
2. Accessory: A bar may be considered an accessory to a primary use, such as a
hotel or restaurant. When associated with a restaurant, alcohol sales may not
exceed 50% of total sales within a given day. If sales exceed 50% of total sales,

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d.

e.

f.

g.

h.

i.

then the owner shall apply for a certificate of zoning compliance from the
Zoning Administrator as the use has changed.
Car Wash
1. Location of Service Areas: Locations of bays for vacuums and other equipment
shall be placed on the side or rear of the principal building. Drying fans shall be
placed so as to reduce the impact of noise audible on adjacent property as
much as possible.
Catering
1. Operation: The sale of individual meals for general public shall be classified as a
full-service restaurant and not a catering service.
2. Home Occupation: If tied to a home occupation, the applicant shall adhere to all
requirements of Home Occupations (Section 4.5.3.n)
Check Cashing
1. Location: Shall not be closer than 1,000 linear feet from the nearest check
cashing, title loan, pawn shop, or other similar establishment, as determined by
the Administrator.
Commercial Day Care Center
1. Minimum Lot Area: 20,000 square feet
2. Indoor Area: The building shall contain a minimum of 35 square feet of floor
area for each child, based on maximum enrollment.
3. Playground: Outdoor playground equipment is required. All outdoor play areas
shall be enclosed by a fence or wall no less than 4 feet in height and shall form
the defined perimeter of the play area. Any access points along the fence or wall
shall be locked. No play areas shall be permitted in the side or front yard.
Convenience Store
1. As an Accessory Use: Shall be permitted in Automobile Service Stations.
2. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
a. Size: 10,000 sq. ft. maximum gross floor area.
b. Emergency Services: Shall demonstrate that the use is serviceable by
emergency services to include ambulatory, fire, and police.
c. Operation: May include the processing of wild game, as defined by the
South Carolina Department of Natural Resources (DNR), however the area
dedicated to processing shall not exceed 25% of the gross floor area of the
use. This shall not be misconstrued as meat processing or food processing
facility as defined by the State of South Carolina. Encouraged to sell
recreational items that relate to the natural amenities of surrounding areas
such as kayaks, fishing poles, camping supplies, and other similar products.
Drive-in Theaters
1. Lighting and Noise: The applicant shall submit documents that demonstrate that
the adjacent properties will not be negatively affected by the operation of this
use. These documents may be photometric or noise study conducted by a
professional with experience within this field.
2. Surface: The surface materials of the use may be made of a pervious material,
unless otherwise prevented by the stormwater regulations of the Town.
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3. Concessions: Beverages and food service may be an accessory use.
4. Site Plan: The applicant shall submit a site plan detailing parking, landscaping,
location of utilities, vehicular and pedestrian circulation paths, and other details
as requested by the Administrator.
j. Dry Cleaning
1. Storage: No outdoor storage or displays are permitted
2. Truck Loading or Delivery Areas: All areas for the purposes of loading,
unloading, and deliveries shall be located in the rear of the use and be screened
from adjoining properties.
k. Funeral Homes
1. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
a. Accessory Use: May have an attached crematory, however it shall not be
more than 25% of the gross floor area of the funeral home
b. Maximum Size: 10,000 sq. ft.
l. General Retail
1. Truck Loading or Delivery Areas: All areas for the purposes of loading,
unloading, and deliveries shall be located in the rear of the use and be screened
from adjoining properties.
2. Applicable to Rural Agricultural (RA) and Rural Residential (RR)
a. Size: 10,000 sq. ft. maximum gross floor area
m. Hardware Store
1. Applicable to Village Center (VC): No outdoor storage of materials, equipment,
or vehicles permitted. Items for sale may be permitted against the exterior
walls of the use, however it shall not obstruct any pedestrian sidewalks or
vehicular circulation.
n. Hotels or Motels
1. Accessory Uses: Permitted to have any accessory use that is otherwise allowed
in the zoning district in which the principal use is located.
2. Types of Accessory Uses: Uses accessory to Hotels shall be bars, restaurants,
salons, gyms, and other compatible uses that retain the character of the district
3. Location of Accessory Uses: Shall be located on the first floor and have their
own separate means of ingress, unless specifically for the utilization of hotel
guests. Rooftop, waterfront, or other type of accessory uses that take
advantage of scenic views or natural features shall be permitted, as long as
there is no conflict with other regulations within this Ordinance.
4. Operation: No hourly rates shall be permitted. Overnight, weekly, or monthly
rates are permitted.
5. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
a. Size: 10,000 sq. ft. maximum gross floor area
b. Operation: No hourly rates shall be permitted. Overnight, weekly, or
monthly rates are permitted.
c. Emergency Services: Shall demonstrate that the use is serviceable by
emergency services to include ambulatory, fire, and police.
o. Liquor Stores
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1. Location: Shall not be located within 300 linear feet of a church or school,
except when located within a Town Center (TC). Shall not be located within
1,000 linear feet of another liquor store.
p. Microbrewery, Micro-Distillery, Micro-Winery
1. Location: Shall not be located within 1,000 linear feet of a church or school,
except within a Rural Agricultural (RA) and Rural Residential (RR) Districts.
2. Outdoor Recreation: All play areas or outdoor seating areas shall have a defined
permitted. Areas adjacent to roadways or vehicular circulation shall be
protected by a fence, vegetation, or combination thereof without obstructing
sight triangles.
3. Accessory Uses: May be permitted to have a commercial kitchen that is
compliant with all food safety, building, and fire codes.
4. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
a. Size: 10,000 sq. ft. maximum gross floor area
b. Agricultural Component: At least 5% or 150 sq. ft., whichever is greater,
shall be dedicated to the growing of agricultural produce such as wheat,
barley, grapes, herbs, or other produce that is non-invasive.
q. Miniature Golf Courses
1. Operation: Shall not operate between the hours of 12:01 a.m. and 6:00 a.m. of
any day.
2. Lighting and Noise: Lighting shall comply with the requirements in Article 8.
The use shall comply with the noise ordinance of the Town. Lighting within the
course shall be shielded and contained to the course as to not spillover to
adjacent properties or become a traffic hazard. The Administrator may require a
photometric plan if deemed necessary
3. Buffer: Shall have a street buffer in accordance with Section 7.5.
4. Course Design: Structures, characters, vegetation or other decorative elements
shall reflect historical or cultural elements of the Town, Region, or State. The
course shall be designed with proper safety measures to include, but not limited
to, perimeter fencing, barriers around water features, and appropriate interior
signage.
r. Office, Medical and Non-Medical
1. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
a. Size: 10,000 sq. ft. maximum gross floor area.
s. Office Building
1. Minimum Lot Size: 1 acre
2. Accessory Uses: An office building may have accessory uses, such as a salon,
convenience store, electrical vehicle charging stations, restaurants and other
accessory uses that serve the needs of the building’s occupants.
3. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
a. Size: 10,000 sq. ft. maximum gross floor area
t. Outdoor Display and Sales
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a. Location: Shall be setback at least 50 feet from the road, or placed behind
an existing building.
b. Design: Shall be placed on a site that is sufficiently improved to withstand
the load of stored materials and vehicles.
c. Site Plan: A site plan shall be required showing the areas of outdoor storage
and sales to ensure pedestrian and vehicular circulation.
d. Operation: Outdoor storage as a principal use is not permitted.
u. Parking Lots
1. Design: Shall comply with all standards in Article 6.
2. Applicable to Town Center (TC) and Village Commercial (VC): Shall not be
located adjacent to an existing property utilized as a parking lot as its principal
use.
3. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
a. Size: Shall not exceed 20 spaces
b. Storage: Shall be kept free of storage of inoperable vehicles when a parking
lot is the principal use for the property. When parking lots are associated
with another primary use, it may be permitted for vehicle storage, however
it shall be fully enclosed and screened from view with vegetation, fencing,
or combination thereof.
c. Design: Shall be composed of either asphalt, concrete, or pervious
materials that can withstand the load of its intended use.
v. Personal Service
1. Applicable to Rural Agricultural (RA) and Rural Residential (RR): Permitted as an
accessory use, and shall follow the regulations for Home Occupations in Section
4.5.3.n.
w. Pet Boarding
1. Location: All cages or kennels for animals shall be located in the rear of the
building.
2. Screening: All kennels shall be opaquely screened form the public right-of-way
and adjacent properties. Areas reserved for the exercise and play of animals
shall be defined by a 6 feet wall or fence.
3. Operation: Outdoor activity is permitted during daylight hours, animals must be
boarded indoors at night.
4. Compliance with other codes and regulations: Applicant shall comply with all
other Town, County, State, and Federal Regulations. (Code of Ordinances Town
of Chapin, 3.102)
5. Applicable to Town Center (TC) and Village Commercial (VC): All animals shall
be within the building. Outdoor kennels are not permitted.
x. Restaurant, Full Service
1. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
a. Size: 10,000 sq. ft. maximum gross floor area
b. Design: No flat or parapet roofs. Minimum roof pitch shall be 4:12.
y. Specialty Retail
1. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
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a. Size: 10,000 sq. ft. maximum gross floor area
b. Emergency Services: Shall demonstrate that the use is serviceable by
emergency services to include ambulatory, fire, and police.
c. Operation: May include the processing of wild game and animals to include
deer, cows, pigs, chickens, fish, and fowl, however the area dedicated to
processing shall not exceed 25% of the gross floor area of the use. This shall
not be misconstrued as meat processing or food processing facility as
defined by the State of South Carolina. Encouraged to sell recreational items
that relate to the natural amenities of surrounding areas.
z. Tattoo Parlor
1. Location: Shall not be located within 1,000 linear feet of a church or school,
except when located within Town Center (TC) or Village Commercial (VC).
aa. Tobacco Stores
1. Location: Shall not be closer than 1,000 linear feet from the nearest tobacco
store.
bb. Vape Store
1. Location: Shall not be located closer than 3,000 linear feet from the nearest
vape store, school, or place for religious assembly.
cc. Veterinarian
1. Animal Boarding: The keeping of any animals overnight shall be permitted if the
animal is kept indoors.
2. Applicable to Town Center (TC) and Village Commercial (VC): Overnight animal
boarding is not permitted unless completely inside a building.
3. Applicable to Rural Agricultural (RA) and Rural Residential (RR): Animal
Boarding shall follow all Home Occupation standards in Section 4.3.2.n.
4.4.4. Institutional-Civic-Public Uses
a. Amphitheaters, Outdoor
1. Operation: The use shall only operate between 8:00am and 10:00pm unless a
noise ordinance waiver is granted by the Town of Chapin.
2. Lighting and Noise: The operation of this use shall adhere to the noise
ordinance of the Town. All lighting shall be design to be sufficiently shielded
and directed as to prevent spillover to adjacent properties. The Administrator
may require a photometric plan if deemed necessary.
b. Cemetery and Mausoleums
1. Lot Size: Minimum lot size of 1 acre.
c. Civic and Social Organizations
1. Operation: Shall not disrupt the character of the district.
2. Applicable to Suburban Residential 3 (SR3), Town Residential 1 (TR1), Town
Residential 2 (TR2), and Town Residential 3 (TR3) Districts: The applicant shall
demonstrate the need for the proposed use to the Administrator and Zoning
Review Board with a narrative.
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1. Site Plan: A master plan for the campus is required. The use is compatible with
the district, and adequate provisions for the preservation and use of open
space.
2. Need: Documentation from the local school board or other accredited
educational institution or authority detailing the need for this use in its
proposed location.
e. Farmers Market, Indoor and Outdoor
1. Permit Required: All vendors within an authorized farmer’s market shall obtain
all applicable licenses to operate within the State of South Carolina and Town of
Chapin.
2. Operation: Shall operate between 6 a.m. and 10 p.m. and shall be on Saturday
and Sunday unless otherwise approved by the Town.
3. Hours of Operation: Sales shall be conducted within the property or properties,
and shall not obstruct any areas intended for the circulation of pedestrians or
vehicles.
f. Government Building or Facility
1. Size: Shall be limited to a 4,000 square foot building footprint within Suburban
Residential 1 (SR1) zoning district.
2. Demonstration of Need: The applicant shall provide all necessary documentation
demonstrating the need for the proposed facility as prepared by a person
experienced in the same field. (Ex: Chief of Police or County Sheriff proposing
new police substation)
a. Exemptions: Police, Fire or Ambulatory stations are exempt from these
standards.
g. Hospitals
1. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
a. Size: 15,000 sq. ft. maximum gross floor area
b. Licensing: Shall have all Federal and State licenses.
c. Need: Shall provide documentation detailing demand or need of healthcare
facilities.
h. Religious Assembly
1. Minimum Lot Size: 20,000 sq. ft.
2. Setbacks: Principal building at least 25 feet from adjacent residentially zoned
properties.
3. Accessory Uses: Day cares and Sunday schools are allowable accessory uses.
4. Applicable to Town Center (TC) and Village Commercial (VC): Distance
requirements from bars, tobacco stores, tattoo parlors, and other similar uses
do not apply.
i. Theater
1. Operation: The use shall only operate between 8:00am and 10:00pm unless a
noise ordinance waiver is granted by the Town. Indoor shows or events are
exempted from this requirement.
2. Lighting and Noise: No speaker or lighting fixture shall negatively affect any
adjacent residential property. The use shall comply with applicable lighting
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standards and noise ordinance. Theater search lights as a decoration may be
used as long as the applicant demonstrates compliance with applicable Federal,
State, and Local laws. Additionally, search lights shall not be directed at ground
level, any buildings or structures, or any vehicles.
4.4.5. Industrial Uses
a. Heavy Equipment Rental
1. Parking of Vehicles: No vehicles or equipment shall be stored on an unimproved
surface, required buffer, berm, or landscaping feature. No vehicle shall be
elevated for the purposes of advertising, by any means, above the parking
grade. Vehicles for repair shall be stored in the rear or side, screened from the
public right of way, and adjacent property. No vehicle undergoing repair
services, under any circumstance, should be on-site for more than 90 days.
a. Exceptions: The Administrator may grant a waiver to these standards when
the use is located within Rural Agricultural (RA) or Rural Residential (RR)
districts.
2. Service Bay Doors: Repair of vehicles or boats shall occur within an enclosed
building. Service bay doors shall not be visible from the public right-of-way. If
service bay doors face a residential property, they shall be opaquely screened
from view
3. Screening: All vehicles and equipment being stored overnight on-site shall be
located in the rear or side and opaquely screened or located not to be visible
from the public right-of-way.
b. Repossession Services
1. Storage of Equipment and Vehicles: No storage of vehicles or equipment shall
be in the front yard, or between the buildings and a public right-of-way.
2. Screening: All vehicles and equipment being stored overnight on-site shall be
opaquely screened or located not to be visible from the public right-of-way.
3. Security: The applicant shall submit a site plan that includes the location and
specification of video surveillance equipment, sufficient screening, and
perimeter security. Additionally, the applicant shall be required to employ or
have a contract with a license security professional 24 hours a day, seven day a
week.
c. Telecommunication Facility
1. Shall adhere to the standards in Section 4.7
d. Truck Sales and Service
1. Storage of Equipment and Vehicles: No storage of vehicles or equipment shall
be in the front yard, or between the buildings and a public right-of-way.
2. Screening: All vehicles and equipment being stored overnight on-site shall be
opaquely screened or located not to be visible from the public right-of-way.
e. Warehouse
1. Loading Bays: All bays used for truck delivery or loading shall be on the rear of
the building. In the case where this is not possible, loading areas may be
oriented toward the side, however no loading area shall be visible from the
public right-of-way.
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2. Outdoor Storage: All supplies, non-operable vehicles, and equipment shall be
stored in the rear of the building. No storage is permitted between the building
and the public right-of-way.
4.5. Accessory Uses and Structures
4.5.1. Accessory Use Permissions Defined
This Section authorizes the establishment of accessory uses and structures that are
incidental and customarily subordinate to principal uses. The Town’s intent in adopting
this section is to allow a broad range of accessory uses. Such uses shall be located on the
same site as the principal use and shall comply with the standards set forth in this
section in order to reduce potentially adverse impacts on surrounding lands.
4.5.2. Accessory Use Table

(ACCESSORY USE TABLE ON NEXT PAGE)

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SECTION 4.5.2 - ACCESSORY USE TABLE

Type of Accessory Use

RA

RR

SR1

SR2

SR3

TR1

TR2

Accessory Dwelling Unit

P

P

P

P

P

C

C

TR3

Automated Teller Machine (ATM)
Beekeeping

P

P

C

C

Boat house and/or dock

C

C

C

C

VC

TC

PI

CC

IC

OC

P

P

P

P

P

P

C

Carport

P

P

P

P

P

P

P

SE

SE

Chicken Coop*

P

P

P

P

P

SE

SE

SE

SE

Co-locating for antennae (on a structure)

SE

SE

Deck or Patio

P

P

P

P

P

P

P

SE

SE

SE

P

P

SE

SE

SE

C

C

C

P

P

P

P

P

P

C

C

C

C

P

P

P

P

P

Drive-Through Window

SE

Electrical Vehicle Charging Station

SE

P

Garage detached

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Garage, attached

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Gazebo

P

P

P

P

P

P

P

P

P

P

P

Greenhouse

P

P

P

P

P

P

P

SE

SE

Home Occupation

P

P

C

C

C

C

C

C

C

C

C

C

Outdoor Display/Sales
Outdoor Storage for Equipment or
Materials
Parking Lots
Porch

P

P

P

Private Stable

P

P

SE

Shed

P

P

Solar Energy System

P

Swimming Pool

P

PO

C

Caretaker Dwelling

P

LI

P

P
P

SE

SE

C

SE

C

C
SE

P

P

P

P

P

P

P

P

P

P

P

P

P

P

C

C

C

C

C

C

C

SE

P

C

C

P

P

P

P

P

C

C

C

C

C

C

C

P

P

P

P

P

P

P

SE

SE

P

P

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P

C

P

P

C

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4.5.3. Accessory Use Standards
a. Accessory Dwelling Unit
1. Location: Shall be located in the rear. May be constructed above an
existing attached or detached garage, if compliant with all other
regulations.
2. Size: Shall not be larger than 50% of the gross floor area of the principal
use, or 1,500 square feet, whichever is smaller. Shall have a minimum
size of 240 square feet.
b. Automated Teller Machine (ATM)
1. Location: Shall be located within or on the exterior façade of the
principal use. For pedestrian accessible machines, it is encouraged to
place adjacent to existing sidewalk connection.
2. Accessory: Shall only be an accessory to a use. ATMs shall not be
considered a principal use.
3. Design: The Administrator may request that the applicant demonstrate
compliance with Crime Prevention Through Environmental Design
(CPTED) best practices to ensure the health and safety of users.
c. Beekeeping
1. Location: Shall be located in the rear yard, and shall not create a
nuisance to adjacent uses. The owner shall live on premises where bees
are kept. No colony shall be within 30 feet of adjacent buildings on
adjacent lots.
2. Size: Shall be a maximum of five colonies, each with one queen, except
within RA or RR Zoning Districts.
3. Design: A flyway barrier of at least 6 feet in height is required,
composed of a fence, wall or opaque vegetations, unless the structures
containing bee hives are 80’ from the nearest property line. The walls
of the barrier shall be oriented towards adjacent uses and buildings. An
on-site freshwater source shall be located within 15 feet of the
structure.
4. Operation: Swarm management techniques shall be implemented.
However, such swarm management techniques for potentially hostile
hives, including elimination of the hive, shall be made by an authorized
or accredited third party. The owner shall retain documentation
pertaining to the elimination of a hive for inspection by the Town or
applicable agency.
d. Boat House and Dock
1. Permit Required: Shall receive all relevant permits and approvals from
Federal, State, or Local agencies prior to construction.
e. Caretaker Dwelling
1. Location: Shall be located on the same premises with the principal use
for which it is required.
2. Number: No more than one residence on the property, and shall be
occupied by owners or employees of the use for which it is required.
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3. Design: Shall be constructed so that the exterior of the premises
provides a style consistent with the principal structure. Manufactured
homes shall not be used as a Caretaker’s Dwelling, unless a special
exception is granted by the Board of Zoning Appeals.
f. Carport
1. Location: Shall be located on the side or rear of the principal structure.
No portion of the carport shall be placed in front of the principal
structure.
2. Design: Shall be composed of materials that are found on the principal
structure. The roof of the carport may be used for a Solar Energy
System. If the carport is used for storage, other than an operable
vehicle, it shall be fully enclosed and not visible from the public right-ofway. No prefabricated or pre-manufactured metal structures are
permitted.
a. Exceptions: Carports in the RR, RA, and SR1 district may be
prefabricated or pre-manufactured.
g. Chicken Coop
1. Permit Required: Requires a Zoning Permit from Administrator. The
owner of the chicken coop shall live on premises. No commercial offpremise activity is permitted.
2. Maximum Allowed: No roosters shall be permitted, except in Rural
Agricultural (RA) and Rural Residential (RR). A maximum of 4 female
chickens, quail, peahens, or ducks, except within RA and RR. A minimum
of two square feet per domesticated female chicken shall be provided
for the chicken coop. Invasive species are not permitted
3. Coop Required: Must be confined in a coop which is fully enclosed with
a solid floor and made of suitable, washable material. The coop shall be
cleaned regularly with all droppings and excretions placed in a flyproof
container. The chicken coop and fenced enclosure must provide
adequate ventilation and adequate sun, shade and must be constricted
in a manner to resist access by rodents, wild birds and predators
including dogs and cats. Chicken coops shall be enclosed on all sides and
shall have a roof and doors. Opening windows and vents must be
covered with predator- and bird-resistant wire of less than one-inch
openings.
4. No slaughtering of fowl is permitted on premises
5. All stored food for the domesticated female chickens must be kept
either indoors or in a weather-resistant container designed to prevent
access by animals. Uneaten food shall be removed daily.
h. Deck or Patio
1. Location: Shall be located in the side or rear of the principal use. Patios
or Decks associate with a commercial use may be incorporated within
the front entrance, but only when approved by the Architectural Review
Board.
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2. Materials: Shall be composed of materials found on the principal use.
i. Drive-through Window
1. Location: Shall be located on the side or rear of the principal use, and
shall not face any public right-of-way.
j. Electrical Vehicle Charging Station
1. Applicability: Charging stations for private dwellings are exempt from
these standards.
2. Examples: EV Charging stations shall be an accessory for automobile
service stations in combination with fuel pumps, commercial
developments, parking lots, parking garages, and other uses determined
by the Administrator.
k. Garages
1. Attached
a. Design: Shall not be composed of a prefabricated or premanufactured metal structure. Garages shall be composed of
materials and design that complements the principal structure.
b. Location: Shall be located on the side or rear of the principal
structure
c. Size: A maximum of two bays may face the public right-of-way,
additional bays shall be perpendicular to the right-of-way. Garages
shall not exceed the height of the principal structure.
2. Detached
a. Design: Shall not be composed of a prefabricated or premanufactured metal structure. Garages shall be composed of
materials and design that complements the principal structure.
Detached garages within the RR and RA zoning district are exempt
from this requirement
b. Location: Shall be located in the rear or side of a principal structure.
Shall be setback completely behind the principal structure.
l. Gazebo
1. Location: Shall be located in the rear or side of a principal use.
2. Design: Shall not be used for parking of vehicles. If used for storage,
other than patio furniture or similar items, any side visible from an
adjacent property shall be enclosed or opaquely screened.
m. Greenhouse
1. Location: Shall be located in the rear or side of the principal use, and
shall be located completely behind the principal use.
2. Storage: May not be used for storage of items or materials unrelated to
the care of plants and/or flowers.
3. Maintenance: Shall be kept in good condition and free from invasive
species.
n. Home Occupation
1. The following uses are not permitted as home occupations:
a. Vehicle or Equipment Repair or Service
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b.
c.
d.
e.
f.
g.

Restaurant or Bars
Animal Boarding facilities
Lodging, unless an approved short-term rental or bed and breakfast
Medical offices
Tattoo parlor or body piercing
Any other use determined by the Administrator that would
negatively affect the surrounding neighborhood, such as noxious
noise, smells, sights, or similar negative affect to the senses.
2. Operation: The following shall be requirements for all Home
Occupations:
a. Shall be conducted inside dwelling by resident family members
b. Utilizes not more than 25% of total dwelling floor area
c. No change in exterior appearance of dwelling
d. No outside display of products
e. No sale of products conducted at the site of the home occupation
f. Creates no health or safety hazard, noise, offensive emission, traffic
hazard, unsightly conditions or nuisance
g. No signage is permitted.
h. No commercial vehicles, as outlined in Section 8.3.6, are permitted
o. Outdoor Display or Sales
1. Location: Shall not obstruct any sidewalk, egress, ingress, nor areas
where vehicles or pedestrian circulate.
2. Permit Required: Shall provide information regarding to time period,
location, type of products, and other information deemed necessary by
Administrator prior to a Zoning Permit being issued.
p. Outdoor Storage for Equipment or Materials
1. Location: Storage for equipment and materials shall only be permitted
in the Light Industrial (LI) district. Permitted uses conducting vehicle
sales are exempt from this requirement.
2. Design: Equipment and materials shall be stored in the rear or a nonvisible side of the property. Any equipment or materials that are being
stored shall not be visible from the public right-of-way.
q. Parking Lots
1. Location: Shall not be located between the principal façade and
principal street frontage within the Village Commercial and Town Center
districts.
r. Porch
1. Location: Shall be located on the front, side, or rear elevation of a
principal use.
2. Design: Shall be composed of materials found on the principal use.
Porches shall be encouraged to have equally spaced columns and
openings. Additionally, porches are encouraged to center door and
window openings within the column openings.

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3. Size: The minimum width of a front porch shall not be less than 25% of
the width of the front façade of the principal structure. Side and rear
porch widths shall be 25% of which the porch is constructed on. Side
and rear porches are exempt from this requirement if they are not
visible from the public right-of-way.
s. Private Stable
1. Location: Only permitted in the RR or RA zoning District. Can be
located in front of principal building, if compliance with all other
setbacks
2. Setback: Shall be setback at least 200 feet away from adjacent buildings
on adjacent properties.
3. Operation: Shall only be used for the housing of horses owned by the
person residing on the property.
t. Shed
1. Location: Shall be located in the rear or non-visible side of the property.
2. Design: Shall not be a premanufactured or prefabricated metal building.
Shall be composed of materials that are present on the principal use.
a. Exceptions: Sheds within the RR and RA zoning district are exempt
from this requirement.
u. Solar Energy System
1. Location: Shall only be installed on a roof or canopy. Shall be installed
on roof slopes not visible from public right of way.
v. Swimming Pool
1. Location: Shall be located within the rear or side yard. Shall be
completely screened with a fence or wall from the public right-of-way
and adjacent properties.
4.6.

Sexually-Oriented Businesses
4.6.3. Purpose and Intent
It is the purpose of this section to regulate sexually-oriented businesses to promote the
health, safety, morals, and general welfare of the citizens of the Town of Chapin, and to
establish reasonable and uniform regulations to prevent the continued deleterious
location and concentration of sexually-oriented businesses within the town. The
provisions of this section have neither the purpose nor effect of imposing a limitation or
restriction on the content of any communicative materials including sexually-oriented
materials. Similarly, it is not the intent or effect of this Ordinance to restrict or deny
access by adults to sexually oriented materials protected by the First Amendment, or to
deny access by the distributors and exhibitors of sexually-oriented entertainment to
their intended market. Neither is it the intent nor effect of this section to condone or
legitimize the distribution of obscene material.
4.6.1. Definitions
a. Adult arcade means any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or mechanically
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b.

c.

d.

e.

controlled still or motion picture machines, projectors, or other image-producing
devices are maintained to show images to five (5) or fewer persons per machine at
any one time, and where the images so displayed are distinguished or characterized
by the depicting or describing of “certain sexual activities” or “specified anatomical
areas”.
Adult bookstore or adult video store means a commercial establishment which, as
one of its principal business purposes, offers for sale or rental for any form of
consideration any one or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films,
motion pictures, video cassettes, or video reproductions, slides, or other visual
representations which depict or describe “specified sexual activities” or
“specified anatomical areas”; or
2. Instruments, devices, or paraphernalia which are designed for use in connection
with “specified sexual activities.” A commercial establishment may have other
principal business purposes that do not involve the offering for sale or rental of
material depicting or describing “specified sexual activities” or “specified
anatomical areas” and still be categorized as adult bookstore or adult video
store. Such other business purposes will not serve to exempt such commercial
establishment from being categorized as an adult bookstore or adult video store
so long as one of its principal business purposes is the offering for sale or rental
for consideration the specified materials which depict or describe “specified
sexual activities” or “specified anatomical areas”.
Adult cabaret means a nightclub, bar, restaurant or similar commercial
establishment which regularly features:
1. Persons who appear in a state of nudity; or
2. Live performances which are characterized by the exposure of “specified
anatomical areas” or by “specified sexual activities”; or
3. Films, motion pictures, video cassettes, slides, or other photographic
reproductions which are characterized by the depiction or description of
“specified sexual activities” or “specified anatomical areas”.
Adult motel means a hotel, motel or similar commercial establishment:
1. Offers accommodations to the public for any form of consideration; provides
patrons with closed-circuit television transmissions, films, motion pictures,
video cassettes, slides, or other photographic reproductions which are
characterized by the depiction or description of “specified sexual activities” or
“specified anatomical areas”; and has a sign visible from the public right-of-way
which advertises the availability of this adult type or photographic
reproductions; or
2. Offers a sleeping room for rent for a period of time that is less than ten (10)
hours; or
3. Allows a tenant or occupant of a sleeping room to subrent the room for a period
of time that is less than ten (10) hours.
Adult motion picture theater means a commercial establishment where, for any
form of consideration, films, motion pictures, video cassettes, slides, or similar
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photographic reproductions are regularly shown which are characterized by the
depiction or description of “specified sexual activities” or “specified anatomical
areas”.
f. Adult theater means a theater concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state of nudity or
live performances which are characterized by the exposure of “specified anatomical
areas” or by “specified sexual activities”.
g. Escort means a person who, for consideration, agrees or offers to act as a
companion, guide, or date for another person, or who agrees or offers to privately
model lingerie or to privately perform a striptease for another person.
h. Escort Agency means a person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its principal business purposes for
a fee, tip, or other consideration.
i. Establishment means and includes any of the following:
1. The opening or commencement of any sexually-oriented business as a new
business;
2. The conversion of an existing business, whether or not a sexually-oriented
business, to any sexually-oriented business;
3. The additions of any sexually-oriented business to any other existing sexuallyoriented business; or
4. The relocation of any sexually-oriented business.
j. Permittee and/or licensee means a person in whose name a permit to operate a
sexually-oriented business has been issued, as well as the individual listed as an
applicant on the application for a permit.
k. Nude Model Studio means any place where a person who appears in a state of
nudity or displays “specified anatomical area” is provided to be observed, sketched,
drawn, painted, sculptured, photographed, or similarly depicted by other persons
who pay money or any form of consideration.
l. Nudity or a state of nudity means the appearance of a person’s genitals, pubic area,
vulva, anus, anal cleft or cleavage or buttocks or any simulation thereof; or any
portion of a female breast below the horizontal line across the top of the areola at
its highest point or any simulation thereof. The definition shall include the
appearance of any portion of the entire lower portion of the female breast.
m. Person means an individual, proprietorship, partnership, corporation, association, or
other legal entity.
n. Semi-nude means a state of dress in which clothing covers no more than the
genitals, pubic region, and areola of the female breast, as well as portions of the
body covered by supporting straps or devices.
o. Sexual encounter center means a business or commercial enterprise that, as one of
its principal business purposes, offers for any form of consideration:
1. Physical contact in the form of wrestling or tumbling between persons of the
opposite sex; or
2. Activities between male and female persons and/or persons of the same sex
when one or more of the persons is in a state of nudity or semi-nude.
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p. Sexually-oriented business means an adult arcade, adult bookstore or adult video
store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort
agency, nude model studio, or sexual encounter center.
q. Specified anatomical areas means the male genitals in a state of sexual arousal
and/or the vulva or more intimate parts of the female genitals.
r. Specified sexual activities means and includes any of the following:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks,
anus or female breasts;
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation, or sodomy;
3. Masturbation, actual or simulated;
4. The fondling, erotic touching, or other such contact with an animal by a human
being; or
5. Excretory functions as part of or in connection with any of the activities set forth
in 1 through 4 above.
s. Substantial enlargement of a sexually-oriented business means the increase in floor
areas occupied by the business by more than twenty-five (25) percent, as the floor
areas exist.
t. Transfer of ownership or control of a sexually-oriented business means and includes
any of the following:
1. The sale, lease, or sublease of the business;
2. The transfer or securities which constitute a controlling interest in the business,
whether by sale, exchange, or similar means; or
3. The establishment of a trust, gift, or other similar legal device which transfers
the ownership or control of the business.
4.6.2. Classification
a. Sexually-oriented businesses are classified as follows:
1. Adult arcades;
2. Adult bookstores or adult video stores;
3. Adult cabarets;
4. Adult motels;
5. Adult motion picture theaters;
6. Adult theaters;
7. Escort agencies;
8. Nude model studios; and
9. Sexual encounter centers.
4.6.4. Permit Required
a. Operation of a sexually-oriented business requires a valid permit from the Town of
Chapin for the particular classification of business.
b. An application for a permit must be made on a form provided by the Town of
Chapin zoning department. The application must be accompanied by a sketch or
diagram showing the configuration of the premises, including a statement of the
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total floor space occupied by the business. The sketch or diagram need not be
professionally prepared but must be drawn to a designated scale or drawn with
marked dimensions of the interior of the premises to an accuracy of plus or minus
six (6) inches.
c. The applicant must be qualified according to the provisions of this chapter and the
premises must be inspected and found to be in compliance with the law by the
health department, fire department, and building official. The health department,
fire department and building office shall complete their inspections and certify same
to the Administrator within twenty-one (21) days of receipt of the application by
said Administrator.
d. If a person who wishes to operate a sexually-oriented business is an individual, he
must sign the application for a permit as applicant. If a person who wishes to
operate a sexually-oriented business is other than an individual, each individual who
has a ten (10) percent or greater interest in the business must sign the application
for a permit as applicant. If a corporation is listed as owner of a sexually-oriented
business or as the entity which wishes to operate such a business, each individual
having a (10) percent or greater interest in the corporation must sign the application
for a permit as applicant.
e. The fact that a person possesses other types of state, or Town of Chapin permits
and/or licenses does not exempt that person from the requirement of obtaining a
sexually-oriented business permit.
4.6.5. Issuance of Permit and Fee
a. The Town Administrator shall approve the issuance of a permit to an applicant
within thirty (30) days after receipt of an application unless any one or more of the
following is found to be true:
1. An applicant is under eighteen (18) years of age;
2. An applicant is overdue payment to the Town of Chapin for taxes, fees, fines, or
penalties assessed or imposed in relation to a sexually-oriented business;
3. An applicant has failed to provide information reasonably necessary for issuance
of the permit or has falsely answered a question or request for information on
the application;
4. An applicant is residing with a person who has been denied a permit by the
Town of Chapin to operate a sexually-oriented business within the preceding
twelve (12) months, or residing with a person whose license to operate a
sexually-oriented business has been revoked within the preceding twelve (12)
months;
b. The premises to be used for the sexually-oriented business have not been approved
by the health department, fire department, and the building official as being in
compliance with applicable laws and ordinances;
c. The permit fee required by this Ordinance has not been paid;
d. An applicant of the proposed establishment is in violation of or is not in compliance
with any of the provisions of this Ordinance; or

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e. The permit, if granted, shall state on its face the name of the person or persons to
whom it is granted, the expiration date, and the address of the sexually oriented
business. The permit shall be posted in a conspicuous place at or near the entrance
to the sexually-oriented business so that it may be easily read at any time.
f. The annual fee for a sexually-oriented business permit is five hundred dollars ($500)
dollars.
4.6.6. Inspection
a. An application of permittee shall permit representatives of the law enforcement
department, health department, fire department, zoning department or any other
Town of Chapin departments or agencies to inspect the premises of a sexuallyoriented business for the purpose of ensuring compliance with the law, at any time
it is occupied or open for business.
b. A person who operates a sexually-oriented business or his agent or employee
commits a misdemeanor if he refuses to permit such lawful inspection of the
premises at any time it is occupied or open for business.
4.6.7. Expiration of Permit
a. Each permit shall expire one year from the date of issuance and may be renewed
only by making application as provided in Section 4.6.4. Application for renewal
should be made at least thirty (30) days before the expiration date, and when made
less than (30) days before the expiration date, the expiration of the permit will not
be affected.
b. When the Administrator denies renewal of a permit, the applicant shall not be
issued a permit for one (1) year from the date of denial. If subsequent to denial, the
Administrator finds that the basis for denial of the renewal permit has been
corrected or abated, the applicant may be granted a permit if at least ninety (90)
days have elapsed since the date of denial became final.
4.6.8. Suspension of Permit
a. The Administrator may suspend a permit for a period not to exceed thirty (30) days
if it is determined that a permittee and/or licensee or an employee of a permittee
and/or licensee has:
1. Violated, or is not in compliance with any section of this Ordinance; or
2. Engaged in excessive use of alcoholic beverages while on the sexually- oriented
business premises; or
3. Refused to allow an inspection of the sexually-oriented business premises as
authorized by this chapter; or
4. Knowingly permitted gambling by any person on the sexually-oriented business
premises.
4.6.9. Revocation of Permit
a. The Administrator shall revoke a permit if it is determined that:

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1. A permittee and/or his licensee knowingly gave false or misleading information
in the material submitted to the zoning department during the application
process; or
2. A permittee and/or licensee or an employee has knowingly allowed possession,
use, or sale of controlled substances on the premises; or
3. A permittee and/or licensee or an employee has knowingly allowed prostitution
on the premise; or
4. A permittee and/or licensee or an employee knowingly operated the sexuallyoriented business during a period of time when the permittee’s and/or
licensee’s permit was suspended; or
5. A permittee and/or licensee or an employee has knowingly allowed any act of
sexual intercourse, sodomy, oral copulation, masturbation or other sexual
conduct to occur in or on the permitted and/or license premises; or
6. A permittee and/or licensee is delinquent in payments to the Town of Chapin or
state for any taxes of fees past due.
b. When the Administrator revokes a permit, the revocation shall continue for one (1)
year, and the permittee and/or licensee shall not be issued a sexually-oriented
permit for one (1) year from the date revocation became effective. If, subsequent to
revocation, the Administrator finds that the basis for the revocation has been
corrected or abated, the applicant may be granted a permit if at least ninety (90)
days have elapsed since the date the revocation became effective.
4.6.10. Transfer of Permit
a. A permittee and/or licensee shall not transfer his permit to another, nor shall a
permittee and/or licensee operate a sexually-oriented business under the authority
of a permit at any place other than the address designated in the application.
4.6.11. Location of Sexually-Oriented Businesses
a. A sexually-oriented business may be permitted by Special Exception within the
Corridor Commercial (CC) and Interstate Commercial (IC) zoning districts.
b. A sexually-oriented business shall not be operated within one thousand (1,000) feet
of:
1. A church;
2. A public or private elementary or secondary school;
3. A boundary of any residential district;
4. A public park adjacent of any residential use;
5. A day care center; or
6. The property line of a lot devoted to residential use.
c. A sexually-oriented business shall not be operated within one thousand (1,000) feet
of another sexually- oriented business.
d. There shall be no more than one (1) sexually-oriented business in the same building,
structure, of portion thereof, or the increase of floor areas of any sexually-oriented
business in any building, structure, or portion thereof containing another sexually
business.
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e. For the purpose of this Ordinance, measurement shall be made in a straight line,
without regard of intervening structures or objects, from the nearest portion of the
building or structure used as a part of the premises where a sexually oriented
business is conducted, to the nearest property line of the premises of a church, day
care center, or public or private elementary or secondary school, or to the nearest
boundary of an affected public park, residential district, or residential lot.
f. For purposes of Section 4.6.11.b of this section, the distance between any two (2)
sexually-oriented businesses shall be measured in a straight line, without regard to
intervening structures or objects, from the closest exterior wall of the structure in
which each business is located.
g. A sexually-oriented business lawfully operating as a conforming use is not rendered
a nonconforming use by the location, subsequent to the grant or renewal of the
sexually-oriented business permit, of a church, public or private elementary or
secondary school, public park, day care center residential district, or a residential lot
with one thousand (1,000) feet of the sexually-oriented business. This provision
applies only to the renewal of a valid permit, and does not apply when an
application for a permit is submitted after a permit has expired or has been revoked.
4.6.12. Additional Regulations for Adult Motels
a. Evidence that a sleeping room in a hotel, motel, or a similar commercial
establishment has been rented and vacated two (2) or more times in a period of
time that is less than ten (10) hours creates a rebuttable presumption that the
establishment is an adult motel as that term is defined in this chapter.
b. A person commits a misdemeanor if, as the person in control of a sleeping room in a
hotel, motel, or similar commercial establishment that does not have a sexuallyoriented permit, he rents or subrents a sleeping room to a person and, within ten
(10) hours from the time the room is rented, he rents or subrents the same sleeping
room again.
c. For purposes of this section, the terms “rent” or “subrent” mean the act of
permitting a room to be occupied for any form of consideration.
4.6.13. Regulations for Exhibition of Sexually Explicit Films or Videos
a. A person who operates or causes to be operated, a sexually-oriented business,
other than an adult motel, which exhibits on the premises in a viewing room of less
than one hundred fifty (150) square feet of floor space, a film, video cassette, or
other video reproduction which depicts “specified sexual activities” or specified
anatomical areas, shall comply with the following requirements:
1. Upon application for a sexually-oriented permit, the application shall be
accompanied by a diagram of the premises showing a plan thereof specifying
the location of one or more manager’s stations and the location of all overhead
lighting fixtures and designating any portion of the premises in which patrons
will not be permitted. A manager’s station may not exceed thirty two (32)
square feet of floor area. The diagram shall also designate the place at which
the permit will be conspicuously posted, if granted. A professionally prepared
diagram in the nature of an engineer’s or architect’s blueprint shall not be
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required; however, each diagram should be oriented to the north or to some
designated street or object and should be drawn to a designated scale or with
marked dimensions sufficient to show the various internal dimensions of all
areas of the interior of the premises to an accuracy of plus or minus six (6)
inches. The Town of Chapin Administrator may waive the foregoing diagram for
renewal applications if the applicant adopts a diagram that was previously
submitted and certifies that the configuration of the premises has not been
altered since it was prepared;
2. The application shall be sworn to be true and correct by the applicant;
3. No alteration in the configuration or location of a manager’s station may be
made without the prior approval of the Administrator or his designee;
4. It is the duty of the owners and operator of the premises to ensure that at least
one (1) employee is on duty and situated in each manager’s station at all times
that any patron is present inside the premises;
5. The interior of the premises shall be configured in such a manner that there is
an unobstructed view from a manager’s station of every area of the premises to
which any patron is permitted access for any purpose excluding restrooms.
Restrooms may not contain video reproduction equipment. If the premises has
two (2) or more manager’s stations designated, then the interior of the
premises shall be configured in such a manner that there is an unobstructed
view of each area of the premises to which any patron is permitted access for
any purpose from at least one (1) of the manager’s stations. The view required
in this subsection must be by direct line of sight from the manager’s station;
6. It shall be the duty of the owners and operator, and it shall also be the duty of
any agents and employees present in the premises, to ensure that the view area
specified in subsection (5) remains unobstructed by any doors, walls,
merchandise, display racks or other materials at all times and to ensure that no
patron is permitted access to any area of the premises which has been
designated as an area in which patrons will to be permitted in application filed
pursuant to subsection (1) of this section;
7. No viewing room may be occupied by more than one (1) person at any time;
8. The premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted access at an
illumination of not less than one (1) foot candle as measured at the floor level;
and
9. It shall be the duty of the owners and operator and it shall also be the duty of
any agents and employees present in the premises to ensure that the
illumination described above is maintained at all times that any patron is
present in the premises.
10. A person having a duty under the above regulations commits a misdemeanor if
they knowingly fail to fulfill that duty.
4.6.14. Exemptions

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a. It is a defense to prosecution that a person appearing in a state of nudity did so in a
modeling class operated:
1. By a proprietary school, licensed by the state of South Carolina; a college, junior
college, or university supported entirely or partly by taxation;
2. By a private college or university which maintains and operates education
programs in which credits are transferable to a college, junior college, or
university supported entirely or partly by taxation; or
b. In a structure:
1. Which has no sign visible from the exterior of the structure and no other
advertising that indicates a nude person is available for viewing; and
2. Where, in order to participate in a class a student must enroll at least three (3)
days in advance of the class; and
3. Where no more than one (1) nude model is on the premises at any one (1) time.
4.7.

Telecommunication Tower
4.7.1. Purpose
The regulations of this section are designed to site communications towers in the Town
of Chapin. The regulations in this section are not meant to conflict with any regulations
from a Federal or State agency. It is the intent of this article to allow for the coexistence of communications towers and other land uses balanced with reducing the
overall negative impact of communications towers by:
• Reducing the number of towers by encouraging collocation; and
• Encouraging the following the mitigation actions:
o The clustering of towers;
o The provision of effective screening; and
o The location of communications equipment on existing structures.
4.7.2. Dimensional Requirements
Districts
Rural Agricultural (RA)
Rural Residential (RR)
Public Institutional (PI)
Corridor Commercial (CC)
Interstate Commercial (IC)
Light Industrial (LI)

Maximum Height
400 feet
300 feet
400 feet
150 feet
150 feet
200 feet

Setback (from adjacent
properties)
250 feet
250 feet
100 feet
100 feet
100 feet
50 feet

4.7.3. Exemptions
The following proposed uses shall require only a zoning permit:
4.7.3.1. Colocation. Proposed communications equipment collocating on existing towers
and structures without adding to their height.
4.7.3.2. Roof-Mounted Telecommunication Equipment. Antennas mounted on buildings,
water tanks or structures other than a free-standing or guyed communications

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tower and which do not extend more than 30 feet above the highest part of the
structure.
Minor Modifications to Existing Facilities. Modifications to conforming
telecommunications facilities that meet the requirements contained herein such
as the addition of accessory equipment.
4.7.4. Tower abandonment and removal.
A tower that is not used for communication purposes for more than 120 days (with no
new application on file for any communication user) is presumed to be out of service
and the owner of such tower must notify Town staff and remove the tower within 50
days. Where an owner does not remove an abandoned tower, the Town will utilize the
bond provided as part of Section 4.7.5.l.
4.7.5. Submittal requirements
All applications for telecommunications towers shall follow the applicable process as
provided in this section. In addition to those requirements, every application must
contain the following items:
a. A site plan showing the location of the tower guy anchors (if any), existing or
proposed buildings and structures or improvements, including parking, driveways or
access roads, signage, fences and protected trees affected by the proposed
construction. Adjacent land uses shall also be noted on the site plan, with precise
measurements noted between the proposed tower and any structures on
surrounding properties.
b. The site plan must show a vegetated buffer, either existing or proposed, that
provides an effective screen from public rights-of-way, adjacent property owners,
parks, historic properties, and across view corridors.
c. The height and design of the tower, materials to be used, color, and lighting shall be
shown on elevation drawings. The applicant shall submit documentation justifying
the total height of any communications towers, facility and/or antenna.
d. Setback to the proposed tower including the fall zone. The fall zone shall be
determined by an engineer certified by the State of South Carolina in a letter which
includes the engineer's signature and seal.
e. A report from a structural engineer registered in South Carolina showing the tower
antenna capacity by type and number, and a certification that the tower is designed
to withstand winds in accordance with ANSI/EIAMA 222 (latest version) standards.
f. Evidence that a valid FCC license for the proposed activity has been issued.
g. The distance between the proposed tower and all other telecommunication
facilities serving any property within the Town of Chapin.
h. A copy of the tower's search ring.
i. To ensure the removal of towers which do not meet requirements for continued use
or proper maintenance, a statement of financial responsibility shall be submitted for
each tower and a performance bond for the amount of anticipated removal costs
shall be posted. The bond must be renewed as necessary to ensure that it is
maintained at all times during the existence of the tower.
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j.

k.
l.

The applicant shall furnish a visual impact assessment which shall include:
1. A zone visibility map which shall be provided to determine locations where the
tower may be seen from.
2. Pictorial representations of before and after view from key viewpoints both
inside and outside the Town including, but not limited to, Major Highways and
Road; State and Local Parks; Historic Districts’ Preserves and historic sites
normally open to the public; and any other location where the site is visible to a
large number of visitors, travelers, or residents.
3. An assessment of the visual impact of the tower base, guy wires and accessory
buildings from abutting and adjacent properties and streets.
Additional information required by the Administrator for determination that all
applicable zoning regulations are met.
The applicant and the owner of record of any proposed wireless
telecommunications facility shall, at its cost and expense, be required to
execute and file with the Town a bond or other form of security acceptable to
the Town as to type of security and the form and manner of execution, in an
amount of at least seventy-five thousand dollars ($75,000.00) for a wireless
telecommunications facility and twenty-five thousand dollars ($25,000.00) for a
co-location on an existing wireless telecommunications facility or other
structure and with such sureties as are deemed sufficient by the Town to assure
the faithful performance of this Section.

4.7.6. Conditions
Where a project may be conditionally approved, the applicant must show that all
conditions below are met:
a. The proposed communications tower, antenna or accessory structure will be placed
in a reasonably available location which will minimize the visual impact on the
surrounding area and allow the facility to function in accordance with minimum
standards imposed by applicable communications regulations and applicant’s
technical design requirements.
b. The location and height of the proposed tower will not substantially impact the
character of property listed in or eligible for the National Register of Historic Places,
other significant environmental, cultural, or historical site, officially designated
scenic roads or rivers, and that the tower is designed to blend into the environment
and minimize visual impact.
c. The applicant has made every effort to build the proposed tower in such a manner
as may allow other telecommunication users to collocate including designing the
tower for at least two (2) additional colocations.
d. The proposed tower is located such that adequate setbacks are provided on all sides
to prevent the tower's fall zone from encroaching onto adjoining properties.
e. Applicant must show that all applicable health, nuisance, noise, fire, building and
safety code requirements are met.

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f.

The tower must be located no closer to a structure on a separate lot than a distance
equal to 1 foot for each foot in height of the proposed tower plus 50 feet as
measured from the center of the proposed tower.
g. The proposed tower is illuminated as required by the Federal Communications
Commission or Federal Aviation Administration.
h. Towers shall contain a sign no larger than four square feet to provide adequate
notification to persons in the immediate area of the presence of an antenna that
has transmission capabilities. The sign shall contain the names of the owners and
operators of the antennas, as well as emergency phone numbers. The sign shall be
located to be visible from the access point of the site. No other signage, including
advertising, shall be permitted on any facilities, antennas, antenna supporting
structures or antenna towers, unless required by law.
i. Proposed towers may not be located within 1,000 feet of an existing tower unless
the applicant certifies and submits satisfactory written evidence such as
correspondence, agreements, contracts, etc., that the existing tower does not meet
the applicant's structural specifications and the applicant's technical design
requirements, or that a collocation agreement could not be obtained at a
reasonable market rate. In the event of the situation set forth in this subsection, the
clustering of new towers on the same parcel near existing towers is permitted.
j. The applicant has pursued any available publicly owned sites and privately owned
sites occupied by a compatible use, and if not utilized, that these sites are
unsuitable for operation of the facility under applicable communications regulations
and the applicant's technical design requirements.
k. Applicant must show by certificate from a registered engineer that the proposed
facility will contain only equipment meeting FCC rules and must file with the
Administrator a written indemnification of the municipality and proof of liability
insurance or financial ability to respond to claims up to $1,000,000.00 in the
aggregate which may arise from operation of the facility during its life, at no cost to
the municipality, in form approved by the municipality attorney.
l. Land development regulations, visibility, fencing, screening, landscaping, parking,
access, lot size, exterior illumination, sign, storage, and all other general zoning
district regulations except setback and height, shall apply to the use. Setback and
height conditions in this section apply.
4.7.7. Special Exception
A tower, pole, or antenna may be permitted by special exception granted by the Board
of Zoning Appeals after public hearing and find that the special exception meets all the
criteria for special exception approval per Section 10.11.
4.8.

Temporary Uses
4.8.1. Permits Required
Unless otherwise provided, all permitted temporary uses listed below shall require a
temporary use permit that shall be reviewed and issued by the administrator, subject to
the procedures outlined in Section 10.4, Zoning Permit. If a use is not on the list below,
it is prohibited.
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4.8.2. Standards for Temporary Uses
a. Permanent changes to the site are prohibited, including tree removal.
b. All other required permits must be obtained by the operator.
c. The applicant must provide a letter of consent from the owner of record of the
property on which the temporary uses are to operate.
d. The applicant may be required to provide a site plan drawn to scale or showing
measurements, which show the property boundaries, the location and dimensions
of the proposed temporary use area, existing buildings, existing parking areas and
existing driveways and roads. If there will be any temporary structures, such as a
tent or stand, they also need to be shown on the site plan.
e. Setbacks: Setbacks for structures (tents, stands, etc.), items for sale, or parking
areas shall be 25 feet from any adjacent property line or street right-of-way.
f. Bond: For all structures associated with a temporary use, a performance bond,
surety bond, cash deposit, or letter of credit shall be posted in the amount of 125%
of the cost of the structure, trailer, or building, or amount agreed upon by the
Administrator and applicant. In the event that the temporary use is not removed
within the time specified on the zoning permit, this bond shall be called and the
Town shall remove the temporary structure.
4.8.3. Permitted Temporary Use
a. Open lot sale of seasonal produce and plant products including Christmas trees,
pumpkin patches, or similar agricultural activity for a period not to exceed 45
consecutive calendar days. Applicant’s shall obtain all appropriate Permits as well
as all applicable licenses from the Town, County, or State.
b. Temporary real estate sales offices (e.g., construction trailer, model home), in
conjunction with an approved subdivision or development project, in any district,
for a period not to exceed 1 year unless renewed, provided no cooking or sleeping
accommodations are maintained in the structure. These may be renewed, upon
written request, for periods of 6 months at a time if the subdivision has an active
Project Permit. Only one (1) temporary real estate office shall be allowed per 50
residential units within the development.
c. For new construction, a contractor’s office and equipment sheds, including steel
cargo storage containers, in any district districts, for a period of 1 year, provided a
Project Permit has been issued for construction on the site, and such facilities are
placed on the property to which it is appurtenant
d. Temporary classroom facilities shall not be located at any school, religious
institution, or other similar use, unless a plan for improvements designed to
eliminate the temporary classrooms at a time certain in the future has been
approved by the Administrator or appropriate zoning process. Such process shall
include a review of a site plan for the temporary classrooms, and may require
screening, buffering, or other standards for compliance. Extensions of up to 1-year
may be permitted by the administrator, upon written request, if the units have not
proven to be a nuisance and the plan for elimination is still active.
e. Portable steel storage containers are permitted in any district for purposes of
loading or unloading, for a period not to exceed 30 consecutive calendar days when
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f.

located on private property, and 14 consecutive calendar days when within a rightof-way. It shall not block access to an existing entryway and points of ingress or
egress. Where a container is placed within the right-of-way, prior authorization
from the regulating authority shall be obtained.
Fairgrounds shall obtain all required licenses, inspections, certifications from
applicable local, state, and federal agencies. In addition, fairground shall be subject
to the following:
1. Site Plan: The applicant shall have a site plan showing the location of all
amenities, aid stations, restrooms, infrastructure, parking areas, pedestrian
pathways, vehicular circulations patterns, signage, lighting, and other similar
features deemed necessary by the Administrator.
2. Liability Insurance: The applicant shall have all applicable and required means
of insurance deemed necessary by the Town’s legal representative.
3. Emergency Services: The applicant must provide to the applicable Police and
Fire authority that all measures of health and safety are being met or exceeded.
4. Access to Utilities: The applicant must demonstrate adequate access to all
utilities.
5. Coordination: The applicant shall obtain a Special Events Permit from the Town
and ensure the coordination of other applicable approvals relating to this event.

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Article 5 Land Development Standards
5.

Land Development Standards
5.1.
Purpose
The public health, safety, economy, good order, appearance, convenience, morals, and
general welfare require the harmonious, orderly and progressive development of land
within the Town of Chapin. In furtherance of this general intent, the regulation of land
development by the Town of Chapin is adopted for the following purposes, among
others:
• To encourage the development of an economically sound and stable
community;
• To assure the timely provision of required streets, utilities, other facilities and
services to new land developments;
• To assure the adequate provision of safe and convenient traffic access and
circulation, both vehicular and pedestrian, in and through new land
developments;
• To assure the provision of needed public open spaces and building sites in new
land developments through the dedication or reservation of land for
recreational, educational, transportation and other public purposes; and
• To assure, in general, the wise and timely development of new areas or
redevelopment of areas in harmony with the adopted Town of Chapin
Comprehensive Plan.
5.2.
Applicability
5.2.1. The following development shall comply with the improvement requirements in
this article:
a. The developer, owner, or applicant shall be responsible for the
improvements required with all new, significantly improved, or expansion of
development that require Minor (Section 10.8) or Major Subdivision Review
(Section 10.9).
b. New development and significantly improved as required for Major
Architectural Review (Section 10.6)
5.2.2. The applicant shall be responsible for the installation and construction of
required improvements according to the provisions of this ordinance, except as
may otherwise be specifically provided herein or by Town policy or agreement.
5.2.3. Approval of a final plat shall be subject to the applicant having installed the
improvements designated in this article, or having Improvements Guarantee to
the satisfaction of the Town and Lexington County for installation of said
improvement(s).
5.3.
General Requirements
5.3.1. Street Improvements: Land designated for public or private streets shall be
cleared and filled in accordance with the latest edition of the “South Carolina
Standard Specifications for Highway Construction”, South Carolina State
Highway Department, or as determined appropriate by the Lexington County
Engineer or Administrator.
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5.3.2. Water and Sewer Facilities: Water and sewer facilities shall be provided in
accordance with the standard procedures and policies of the Town , the
Department of Health and Environmental Control (DHEC) and by the water and
sewer provider, if different from above.
5.3.3. Utility Lines: All utility lines within a development site shall be installed
underground, unless there are existing above-ground lines that serve the
property. When it is found to be necessary and desirable to locate public utility
lines in a location other than street right-of-way, easements shall be shown on
the plat for such purposes. When the water main is located in the street
right-of-way and it will be necessary to cut into the street surface to serve
abutting lots, a connection shall be stubbed out to the property line to serve
each lot before the street is surfaced. Such easements shall be not less than
twenty (20) feet along rear property lines and fifteen (15) feet alongside
property line, subject to the approval of the jurisdiction having authority, and,
where possible, shall be centered on rear and side lot lines.
5.3.4. Natural Gas: When gas lines are located in a street right-of-way, where possible,
such lines shall be located outside the portion of the street to be surfaced to
prevent cutting into the paved surface to serve abutting properties.
5.3.5. Improvement of Existing Substandard Conditions: Where the existing right of
way is substandard, the developer shall be required to dedicate the appropriate
amount of right-of-way (as measured from the centerline of the existing street)
as well as install all noted sidewalk zone improvements including expanded
sidewalks and street trees, lighting, storm drain improvements and street
furniture as a part of the development process. Requests for waivers based on
practical hardships shall be made to the Planning Commission. Appeals to this
decision shall follow the process outlined in Section 10.7.4.
5.3.6. Flood Hazard Areas: In accordance with the Town’s Flood Prevention Ordinance,
any development that contains land subject to flooding shall be accompanied by
evidence that no appreciable expansion of the area subject to flooding would
result from the proposed development of the land being subdivided, and that
the proposed development will be adequately protected from inundation
without appreciable interference with the flow of any watercourse or into an
impounding basin. In no case shall any fill, levee, or other protective works be
approved unless sufficient compensating adjustments of waterways, ditches, or
impounding basins are made to prevent any appreciable expansion of flood
hazard area.
5.3.7. Storm Drainage: An adequate drainage system, including necessary improved
open channels, pipes, culverts, storm sewers, intersection drains, drop inlet,
bridges, and other necessary appurtenances shall be installed by the subdivider
and shall be according to plans and specifications approved by the Lexington
County Stormwater Management Division.
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a. Installation of Permanent Reference Points: Permanent reference points
shall be placed in accordance with the following requirements:
1. General Standards: Boundary surveys shall be performed, in accordance
with the state minimum standards published by the State Board of
Registration for Professional Engineers and Land Surveyors, unless more
stringent requirements are specified. A minimum of two points in any
survey must be tied to the state plane coordinate system. The survey
may be done on the horizontal ground distance and tied back to the
state plane coordinates.
2. Control Monuments: Vertical control monuments shall be placed in or
near the centerline of pavement of subdivision streets at a minimum of
1 per 4 acres. Where practical, control monuments shall be placed at
points of curvature and points of tangency of curves. The control
monument may be poured on the job or be a concrete marker of the
type commonly used in the area: at least 3 feet long and tapered with a
12-inch long, 1/4-inch diameter brass or bronze rod embedded in the
top. Control monuments shall be placed in a cast iron water main valve
type box with a cover flush with the pavement.
3. Property Marker: A steel or wrought iron pipe, rebar, or the equivalent,
not less than 0.5 inches in diameter and at least 24 inches in length shall
be set at all property corners and points of curves, except those located
by monuments. They shall be flush with the ground.
4. Accuracy: Land surveys within the Town limits shall be Class A surveys,
set at an accuracy of at least 1:10000.
5.3.9. Improvement Guarantees
a. Types Allowed: Prior to approval of a Final Subdivision Plat the applicant
shall provide a performance guarantee to ensure the completion of required
improvements within a period of time as agreed upon by the Administrator
or Lexington County Engineer and the applicant, and expressed in the
guarantee. Such guarantee may be in the form of a performance bond, a
surety bond, a cash deposit, or a letter of credit. A performance guarantee
shall be posted in the amount of 125% of the total cost of improvements, or
in an amount otherwise approved by the Administrator or Lexington County
Engineer.
1. Performance / Surety Bonds and Letters of Credit: The performance or
surety bond, or letter of credit, shall be in a form acceptable to the
Town. It shall include a pledge by the bank, insurance company or other
bonding/lending institution that the funds necessary to carry out the
terms of the agreement are guaranteed for payment, and will be
released only upon receipt of written instruction from the Town.
2. Cash Deposits: If surety is in the form of a cash deposit with the Town of
Chapin, proportional parts thereof shall be refundable in relation to
progress payments less retainage, subject to approval of the Town and
subject to a minimum deposit balance of 25% of the project cost.
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3. Maintenance Guarantees for Private Streets: If the applicant completes
all required improvements and complies with all conditions of the
subdivision agreement as determined by the Town and Lexington
County, the remainder of monies retained by a financial institution or by
the Town may be released to the applicant or his successor in title. Prior
to release, the applicant shall provide the Town and Lexington County,
prior to the issuance of any building permit, a performance bond, a
surety bond, or a cash deposit equal to the amount determined by
Town and Lexington County that would ensure the repair of any damage
to the existing improvements during the course of any construction, but
in no case will the amount of the security be less than $1,000 for each
individual building lot. Prior to the issuance of any certificate of
occupancy, Lexington County and the Town shall determine whether or
not any breakage or damage has occurred. If no damage to any off-site
improvements has occurred, then Lexington County may release the
security to the applicant or his successor in title. If damages have
occurred, they shall be repaired, or the Town or County may draw on
the security before it is released.
5.3.10. Street Layout Standards
a. General Standards: All streets, which shall hereafter be established in
connection with the development of a subdivision, shall comply with the
following design standards:
1. The layout of the streets as to arrangement, character, width, grade,
and location may be required to conform to the Town’s Master Plan,
Official Maps, Comprehensive Plan, and other adopted plans involving
transportation infrastructure.
2. Connectivity between compatible uses and adjoining street systems to
reduce curb cuts on major thoroughfares and encourage local traffic to
use alternative routes on local streets. Compatible uses are uses of
similar intensity and characteristics permitted in similar zoning districts,
as determined by the Administrator.
3. Where a subdivision abuts or contains an existing or proposed collector
or through street, the Planning Commission may require marginal
access streets, reverse frontage with screen planting, deep lots, or such
other treatment as may be necessary for adequate protection of
residential properties and to afford separation of through and local
traffic.
4. Roads of an existing subdivision shall not be used as the sole means of
ingress and egress in developing any new subdivision, minor or major,
or extending an existing one unless granted by the Planning
Commission. If, in the judgement of the Planning Commission, the
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detrimental to residents of the existing subdivision, additional access
shall be provided.
b. Continuation of Existing Street Pattern
Wherever topography will permit, the arrangements of streets in a
subdivision shall provide for the alignment and continuation or projection of
existing streets in adjoining areas. This is to mean the interconnectivity of
subdivision developments.
c. Block Sizes
The Planning Commission shall examine every proposed subdivision as to its
compliance with the following provisions:
1. Nonresidential Blocks: Non-residential blocks shall be of such length and
width as may be suitable for their prospective use, including adequate
provision for off-street parking, pedestrian connections, and service.
2. Residential Blocks: the length of residential blocks hereafter shall not
exceed fourteen hundred (1400) feet or be less than six hundred (500)
feet from corner to corner. Provided, however, such length
requirements may be modified when appropriate due to the
topography or physical shape of the property being subdivided. The
width of any residential block shall be sufficient to permit two (2) tiers
of lots, where topography and land ownership permits, except as
otherwise provided in these regulations.
3. Crosswalks: When any type of block exceeds seven hundred (500) feet ,
crosswalks for pedestrians shall be required. The Planning Commission
may grant relief to this requirement if there are sufficient crosswalks
and alternate routes for pedestrian circulations within the site. When
required, such right-of-way shall not be less than ten (10) feet wide and
improved to include a concrete, asphalt or other approved surface
sidewalk six (6) feet wide and four (4) inches thick.
d. Connectivity to Adjacent Properties
New developments shall, connect to any existing street stubs from adjacent
properties and stub to all adjacent properties. Street stubs shall continue
the existing street pattern if applicable.
1. Exemptions: Street stubs shall not be required where the conditions
listed below would prevent connections:
a. Topographical conditions (pre-development slopes of 18% or
greater)
b. Environmental conditions (marshes, floodplains, etc.)
c. Property shape
d. Property accessibility (existing platted subdivision with no stubs)
e. Incompatible adjacent land uses

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2. Location: Where multiple connection opportunities exist, street stub
connections shall be prioritized in the site design as follows:
a. Adjacent parcels 20 acres or greater in size.
b. Adjacent parcels that abut or are traversed by existing or proposed
streets.
c. To minimize overall access points along an arterial or collector
street.

*Source: Summerville, SC Unified Development Code.
3. Design: Stub streets and streets intended for extension during future
phases shall be constructed to extend to the property line or as close to
the line as practical. It shall be the responsibility of the second
development to construct the connection to an existing stub street.
Stub streets shall not exceed 150 feet in length without a paved
turnaround (permanent or temporary)
4. Adjacent Parking Areas: Where most feasible, parking areas that are
adjacent to each other shall be connected to limit curb cuts and access
points along the public right-of-way. This connection shall have a
maximum width of 24’, with two 12’ wide travel lanes.

e. Cul-de-sacs and Dead-End Streets
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Dead end Streets are strongly discouraged and Cul-de-sacs are not
encouraged to be a dominant feature within a development site as they can
restrict opportunities for interconnectivity for local vehicular and pedestrian
traffic. Dead end street and Cul-de-sacs shall be considered and approved
by the Planning Commission during the preliminary plat stage. If a dead-end
street or cul-de-sac is proposed, it shall be subject to the following:
1. Permanent dead-end streets shall be no longer than 500 feet and shall
be provided with a turnaround such as a cul-de-sac.
2. Temporary dead-end streets shall be provided with a temporary
turnaround area which shall be designed considering traffic usage,
maintenance, and removal.
3. Half streets are prohibited along property lines, entire street right-ofway shall be platted within the proposed subdivision.
4. The Planning Commission may require the reservation of an access
easement at the terminus of a cul-de-sac so that connections to existing
or future pedestrian trails or street stubs may be established, if not
possible elsewhere on the site.
5.3.11. Street Design Standards
a. General
When a subdivision creates new streets, they shall be subject to the street
design standards of this section. The Planning Commission, in coordination
with Lexington County and SCDOT when applicable, shall approve the street
design, location, and classification during the review of the preliminary plat
in the Subdivision process (Section 10.9). The following are general
standards for the design of roadways:
1. SCDOT Standards: Intersection sight distance on major thoroughfares
shall be determined by the State Highway Department. Grades on major
thoroughfares shall be established by the State Highway Department.
On major thoroughfares, the centerline radius of a curvature shall be
determined by the State Highway Department. In the event of any
conflicts or contradictions, administrator shall use the ARMS Manual by
SCDOT, or defer to Lexington County Engineer, or authorized
representative from SCDOT, as appropriate.
2. Traffic Control devices: Signs and/or signals, shall be installed by the
Developer as deemed appropriate by the Lexington County, its agencies
and/or the South Carolina Department of Highways and Public
Transportation. The authority to require traffic control devices may be
exercised by the Town at any time during the approval process.
3. Street Jogs: Street jogs shall be avoided, unless approved or
recommended by SCDOT or Lexington County.
4. Naming of Streets: Streets that are extensions of, or obviously in
alignment with existing named streets, shall bear that name. The name
of new streets shall be subject to the approval of the Planning
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Commission and shall not duplicate or be similar in sound to existing
names in Lexington County, irrespective of the use of the suffix street,
avenue, circle, way, boulevard, drive, place, or court or the like.
Developers shall follow the Lexington County Addressing and Road
Naming Ordinances. Street name signs shall be installed at all
intersections within a subdivision. The location and design of such signs
shall be approved by the Planning Commission and Lexington County.
5. Split Level Streets: Streets which are constructed so as to have two
traffic ways, each at different levels within the same right-of-way, shall
provide a paved traffic surface of at least twenty (20) feet on each level
and a slope between the two traffic ways of three to one (3:1) or flatter
6. Intersections: The centerline of no more than two (2) streets shall
intersect at any one point. Streets shall be laid out so as to intersect as
nearly as possible at right angles and no street shall intersect any other
street at an angle of less than sixty (60) degrees (angles of intersection
to be measured at the intersection of street centerline). Curved streets
shall have a minimum tangent of one hundred (100) feet at
intersections.
7. Nonconforming Right-of-ways: Proposed Subdivisions which include an
existing platted street that does not conform to the minimum right of
way requirements of these regulations shall provide additional width
along one or both sides of such street so that the minimum right of way
required by these regulations is established. Subdivisions abutting only
one side of such street shall provide a minimum of one half, measured
from the centerline of the existing right of way, of the right of way
required by these regulations.
b. Street Sections
During review of the sketch plan/preliminary Plat, the applicant shall
identify all proposed streets and existing street classifications on the site
plan. The applicant will be required to install all improvements within the
development site. All private and public streets are subject to the
requirements within this section and the requirements for Lexington
County.
Street Classifications

Right-Of-Way
(Min/Max)*

Travel Lane
Width
(Min/Max)

On-street
parking**

1. Residential or Light
Commercial Collector
2. Residential Local

50’/66’

12/16.5’

N/A

50’/60’

11/12’’

Determined
by PC

8

Planting
Strip
(both
sides of
street)
4’

Sidewalk

4’

4’

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3. Private Commercial

50’/60’

11’/12’

4. Private Residential

50’

10.6

5. Downtown Street
6. Private Rear lane
(Residential)
7. Private Alley
(Commercial)

50’/60’
20’

24’
10’

24’

12’

Determined
by PC
Determined
by PC
Required
Determined
by PC
N/A

4’
4’
4’
N/A

10’
N/A

N/A

N/A

*Right-of-way widths shall not be in conflict with SCDOT standards
**All parking spaces shall comply with parking space dimensions in Parking Section.

*Example Street Section, Source: City of Buffalo, NY - Unified Development Ordinance
1. Additional Standards for Streets: The intent of the Town’s street design
standards within the UDO is to not conflict with the street design
requirements of the Lexington County Public Works Department. In
addition to the above table, private, local, and collector streets as
described in the above table shall comply with street grade, horizontal
curves, and intersection sight distance as required by SCDOT or
Lexington County.
c. Sidewalks
1. General Standards: Sidewalks shall be installed and shall be constructed
on both sides of streets and to the specifications of Section 5.3.11.b.
Sidewalks shall be constructed within the street right-of-way or public
access easement, as reviewed and approved by the Town and Lexington
County. Sidewalks shall be a minimum of 4 feet wide unless otherwise
noted.
2. Timing of Sidewalk Construction: To ensure that all street improvements
are constructed prior to the completion of a project, Sidewalk as
required by Section 5.3.11.b, must be constructed before each house or
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structure receives a final Certificate of Occupancy or, if the street is
already constructed, prior to acceptance or approval of all
improvements. This intent of this section is not to require the
construction of a sidewalk at a time where permitted activities damage
or otherwise impact the sidewalk. This does not apply to pedestrian
paths or trails that will be provided outside of the normal right-of-way.
3. Existing Sidewalks: Where existing sidewalk abuts an area where new
sidewalk is to be developed, the new sidewalk shall be the same width
as the existing sidewalk if the existing sidewalk exceeds the standards in
Section 5.3.11.b. In cases where it is appropriate, a new sidewalk may
be permitted to taper down to the minimum width in Section 5.3.11.b.
over a distance determined and approved by the Planning Commission.
4. Commercial and Multi-Family Developments: Within commercial areas
and places with high pedestrian volumes, sidewalks should be designed
to meet the anticipated pedestrian/traffic volume as well as
accommodate outdoor seating. Multi-family and commercial
developments shall provide sidewalks for interior movement of
pedestrians and for interior to connect to public sidewalk system, as
required by Article 8.
d. Street Tree Planting Requirements
1. Planting Areas: Planting strips in accordance with cross sections in
Section 5.3.11.b.
2. Location and Number: Street trees shall be planted at forty (40) foot
intervals within five (5) feet of the street right-of-way on both sides of
the street, but must be outside the right-of-way. Street trees shall be
installed within the planting strip between the sidewalk and the curb of
a street to ensure that the trees provide adequate shade and protection
from vehicular traffic. Street trees may also be located in other
locations, such as within public access easements, where practical and
as determined by the Town and Planning Commission during the review
of the Preliminary Plat
3. Applicable to TC and VC: Street trees may be installed within tree wells,
and shall be installed to replicate existing spacing patterns of street
trees. The Administrator, in coordination with Lexington County or
SCDOT, shall determine the appropriate spacing of street trees.
4. Tree Species: Diverse species of street trees from the Town’s Approved
Tree Species List shall be used. The street type, soil, and irrigation to be
used should inform the species used.
5. Minimum Tree Size: At the time of planting, small maturing trees
should be 2.5-inch caliper, with the lower side of the crown a minimum
of 6 feet above grade to avoid hazards to pedestrians.
6. Tree Wells: Tree size and longevity is directly related to soil volume and
quality; projects where tree wells are utilized will be evaluated on an
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individual basis to determine the ideal size of the tree well for the
application and context in an attempt to maximize volume. Where
possible with new construction, a continuous trench of soil (even
underneath hardscape) should be provided for root growth.
7. Root Guards: To ensure the protection of the street trees root system,
as well as utility lines and paved surfaces, all street trees shall be
installed with root guards.
e. Street Lighting
1. General Standards: It is the intent of the town to have well-lit streets for
cars and most importantly for the safety and comfort of pedestrians.
Lighting shall be placed such that it is well coordinated with the
expected canopy of street trees. Standard 15,000 lumen H.P.S street
lights shall be installed, and appropriately shielded to prevent light
spillover to adjacent properties. The Town of Chapin will require street
lights to be installed at a minimum ratio of one light for every six units
or 200’ whichever is less in residential developments. In nonresidential
developments it one light per 175’ as measured by street length. The
maximum height for street lights is 25’. Lighting plans with fixture
designs and schematics shall be submitted and approved prior to
installation.
2. Maintenance and Ownership: The developer shall be responsible for the
operating cost of said lights at the standard rate subject to the rate and
class of service approved by the South Carolina Public Service
Commission.
f. Exceptions
1. The Town recognizes that the required street sections and streetscape
may not always be constructed as prescribed in this article. Reasonable
relief may be granted by the Planning Commission if the connection to
an existing right-of-way or construction of a new right-of-way
encounters any of the following constraints:
a. Insufficient existing street right-of-way
b. Topographic features
c. Conflict with SCDOT or County road project
d. Legal constraints
5.3.12. Street Access Standards
a. Applicability: Any development that requires an access point (rear alley/lane
or driveway) for purposes of ingress and/or egress shall be subject to the
provisions of this section. All new accesses must be approved by the
appropriate permitting authority. The Town encourages developments that
limit and/or combine access points to prevent high concentrations of access
points along main roads.
b. Maximum Number: For single-family, two- and three-family dwellings, only
one driveway shall be permitted per lot. In Rural Districts (RA, RR) and
Suburban Residential Districts (SR), circular driveways may be permitted on
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lots greater than 100 feet in width. The maximum width for driveways in
residential areas is 16’. Commercial driveways may have two lanes, ingress
and egress, each 12’ in width, unless otherwise required by SCDOT. For
double frontage lots, one curb cut per street may be permitted. For all other
building types, the maximum number of driveways allowed for any property
is outlined in the table below:
Table 5.3.12.b
Frontage Width
Up to 150 feet
150 feet or more

Maximum Permitted Driveways per Street Frontage
1 driveway
2 driveways

c. Locations and Spacing
1. Street Intersections: No curb or other access point shall be located
closer than 20 feet from the intersecting point of the 2 street right-ofway property lines involved. No curb or other access point shall be
closer than 25 feet from the intersection of the 2 curb lines involved.
2. Spacing: All access points shall have a minimum separation from certain
features as follows:
Table 5.3.12.c.2 Access Point Locations and Spacing
Feature
Minimum Separation
Adjacent Property Line (except shared driveways)
5ft*
Another curb cut on local street
25ft**
Less than 35 mph
200ft**
40 mph
250ft**
45 mph
300ft**
50 mph
400ft**
55+ mph
500ft**
*May be waived or reduced by the Planning Commission in certain cases during preliminary plat
review if not in conflict with a required buffer as described in Article 7.
** As measured from centerline of the driveway or street
5.4.

Open Space
5.4.1. General Standards
The Planning Commission shall require that open and green space be reserved
for active or passive recreation where such reservations would be appropriate.
Each reservation shall be of suitable size, dimension, topography and general
access for the particular purposes envisioned by the Planning Commission.
These areas shall be shown on the Plat and marked “reserved for recreation
open space”.
To ensure the orderly development of the community, the subdivider may be
required by Town Officials or the Planning Commission to reserve and negotiate
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to sell needed spaces for parks, schools, fire stations and playgrounds, as
required by local governmental units, for a period not to exceed thirty (30) days
from the date of submission of the Sketch Plan. The reservation period may be
extended for one (1) additional thirty (30) day period if a governmental unit files
with the Planning Commission a written statement indicating a desire to
negotiate.
5.4.2. Amount of Open Space Required
Development subject to these standards shall provide open space set-asides in
an amount that meets or exceeds the minimum area in Table 5.4.2.a: Required
Open Space, based on the use and the zoning district where the development is
proposed. If there is a conflict with the requirements herein, this article shall
govern.
a. Required Open Space
Table 5.4.2.a: Required Open Space
Minimum Open Space Area (% of Development Site Area)
Size of Development*
Less than 10 acres
10-15 acres
Greater than 15
acres
District
Agricultural (RA or RR)
50%
50%
50%
Suburban Residential (SR1,
20%
20%
25%
SR2, & SR3)
Town Residential 1-2 (TR1
10%
10%
15%
and TR2)
Town Residential 3 (TR3)
10%
20%
25%
Village Commercial (VC)
5%**
5%**
10%**
Town Center (TC)
Exempt
5%**
10%**
Commercial (CC, IC, OC)
Exempt
Exempt
Exempt
Public or Institutional (PI)
5%
5%
5%
Industrial (LI)
Exempt
Exempt
Exempt
*This shall include the total area of a development, including properties involved in future
phases (i.e. The entirety of all property(s)) Example: A 10-acre property that is being
subidivded for a residential development within an SR1 Zoning District must allocated 20% or
(2 acres) to one or more of the open space types in Section 5.4.3.
**Shall consist of public, or quasi-public, spaces for either pedestrian connections, plazas, or
other on-site amenities as determined by the Planning Commission.
b. Specific Requirements for Major Subdivisions
1. Amenity Centers: It is the intent of this section to provide residents of
sizable residential subdivision with quality amenities that add to the
livability and quality of life. Depending on how many lots are within a
residential subdivision, an amenity center shall be required. The
amount of area allocated to open space shall comply with the
percentages in Table 5.4.2.a. The Town classifies four types of amenity
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centers, the requirements for each and their applicability requirements
are as follows:
a. Basic Amenity Area
i. Number of Lots: 10 to 49
ii. Open Space Type: Each development shall include a walking
trail (pervious or impervious), or connection to existing trail. A
covered picnic area with a minimum of 2 tables and a
designated area for recreation.
b. Standard Amenity Areas
i. Number of Lots: 50 to 149
ii. Open Space Type: A park of a naturally beautiful space and/or
landscaped environment, including sitting areas, picnic tables,
and potentially covered spaces, and a play area within a park
setting including swings, jungle gym, or other similar features.
Specific features shall be determined by Planning Commission
during preliminary plat review. Shall have an improved trail
within the development and connect to adjacent trails if
applicable.
iii. Recreation Facility: One type of sport court or field is required.
Examples include basketball, tennis, volleyball, pickleball or
tennis court, disc golf course, or other outdoor sport court or
filed greater than 1,743 sq. ft.
iv. Gated Boat Storage: If the development has water access to
Lake Murray, sufficient space shall be provided for the dry
storage of boats and boat trailers. The structure or area
dedicated to boat storage shall have sufficient landscaping
around the perimeter of the gated area, to be determined by
the Planning Commission. Additionally, this area shall have a
Type B buffer, as described in Section 7.5 when adjacent to a
residential lot.
c. Enhanced Amenity Areas
i. Number of lots: 150 - 299
ii. Open Space Type: Two (2) play areas within a park setting,
including swings, jungle gym, or other similar feature as
determined by Planning Commission during preliminary plat
review. Play areas shall be equally spaces and should be no
more than 1,200’ linear feet from each other. Shall have an
improved trail within the development and connect to adjacent
trails if applicable.
iii. Recreation Facility: One type of sport court or field is required.
Examples include basketball or tennis court, disc golf course,
volleyball court.

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iv. Clubhouse: Minimum of 1600 square feet, including an indoor
amenity such as a gym, sauna, and bathrooms or other similar
community amenities.
v. Swimming Pool: Minimum of 1800 square feet. Perimeter of
the pool area shall be landscaped and included in the overall
landscape plan.
d. Major Amenity Areas
i. Number of lots: 300 or more
ii. Open Space Type: One play area per 150 lots that are not
separated by 1,200’ as measured by walking distance along a
sidewalk or trail. Play areas shall be developed within a park
setting, including swings, jungle gym, or other similar feature as
determined by Planning Commission during preliminary plat
review. Shall have an improved trail within the development
and connect to adjacent trails if applicable
iii. Recreation Facility: Two types of sport court or field is required.
Examples include basketball or tennis court, disc golf course,
volleyball court.
iv. Clubhouse: Minimum of 1600 square feet, including an indoor
amenity such as a gym, sauna, and bathrooms or other similar
community amenities
v. Community Facilities: The applicant shall consider space for
community facilities such as police and sheriff stations, fire
stations, schools, libraries, and other community services due to
the size of the development. The Planning Commission may
request that the applicant provide correspondence as part of
the record to ensure that these community services have been
contacted.
e. Exceptions
i. Additional or Non-Listed Amenities: Other types of amenities
may be submitted to the planning commission for consideration
to replace one of the required amenities listed above. Any open
space types in Table 5.4.3.a may be substituted for a similar
feature within this section if approved by the Planning
Commission.
ii. Conflicts: Any conflicts with other regulations within this
ordinance shall be resolved by the Planning Commission. If
there are conflicts with existing topographical features, utilities,
easements, or other type of hardship, a variance to these
requirements may be submitted. Variances to these provisions
shall have a recommendation by the Planning Commission first
prior to the hearing by the Zoning Board of Appeals.
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a. The features and areas identified as counting toward open space shall be
credited towards compliance with the amount of open space required in
accordance with Section 5.4.2.a above.
Table 5.4.3.a: Open Space Types
Open Space Type
Description
Parks
A large public green area used for recreation or gatherings.
Dedicated and designed green space area
Plaza
An open space that may be improved, landscaped, or paved,
usually surrounded by buildings or streets.
Square
Open space that may encompass an entire block, is located at the
intersection of important streets, and is set aside for civic
purposes, with landscaping consisting of paved walks, lawns,
trees, and civic buildings
Playground
A land use designed principally to offer recreation, passive or
active, to the public
Community Garden
A private or public facility for cultivation of fruits, flowers,
vegetables, or ornamental plants by the surrounding community.
Pedestrian Passageway
A publicly accessible path that navigates between buildings or
developments to encourage pedestrian movement.
Greenway
A linear park, alternative transportation route, or open space
conservation area that provides passive recreational
opportunities, pedestrian and/or bicycle paths, and/or the
conservation of open spaces or natural areas
Trail, or Trail Connection A way designed for and used by equestrians, pedestrians, and
cyclists using nonmotorized bicycles, sometimes a part of a local
or regional system.
b. The following areas shall not be counted as open space set-aside areas:
1. Private yards not subject to an open space or conservation easement;
2. Street rights-of-way or private access easements, including sidewalks
located within those rights-of-way or easements,
3. Open parking areas and driveways including parking lot landscaping;
4. Land covered by structures, unless accessory to open space features of
Table 5.4.3.a;
5. Outdoor storage areas; and,
6. Stormwater ponds not located and designed as a site amenity (e.g., with
low fencing, trails, vegetative landscaping, gentle slopes, fountain or
other visible water circulation device, and pedestrian access or seating).
5.4.4. Location
Open space shall be located within the development site and be easily
accessible and useable by occupants and users of the development. Where
possible, a portion of the open space should provide focal points for the
development through prominent placement or easy visual access from streets.
5.4.5. Configuration
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a. Open space shall be compact and contiguous unless a different
configuration is needed to continue an existing trail or accommodate
preservation of natural features.
b. If the development site is adjacent to existing or planned public trails, parks,
or other public open space area, consideration should be given to adjoining,
extending, and enlarging the trail, park, or other public open space area.
5.4.6. Ownership and Management
a. All open space areas shall include deed restrictions, covenants, or other
legal instruments that ensure continued use of the land for its intended
open space purposes, in perpetuity, and provide for the continued and
effective management, operation, and maintenance of the land and
facilities.
b. Responsibility for managing and maintaining open space rests with the
owner of the land. Failure to maintain open space in accordance with this
Section and the development approval shall be a violation of this Ordinance.
5.4.7. Exemptions
The following development is exempted from the standards in this Section:
a. Residential development that creates fewer than 10 dwelling units;
b. Utility Uses;
c. Agricultural Uses; and
d. Industrial Uses
5.5.

Alternative Development Patterns
5.5.1. Purpose: The alternative development options of this section allow for variety
in development standards while maintaining the overall character of a
neighborhood. These options have several public benefits:
• They allow for development that is more sensitive to the environment,
especially in areas;
• They allow for the preservation of open and natural areas;
• They promote better site layout and opportunities for private recreational
areas;
• They promote opportunities for workforce housing by allowing for a mixture
of lot and building sizes, and
• They promote energy-efficient development.
5.5.2. Applicability: The developer or applicant desiring to use these alternative
development patterns within this section shall comply with the Major
Subdivision application requirements.
5.5.3. Conflict With Other Regulations: If there is a conflict between the requirements
for alternative development patterns and any other requirement of this
Ordinance, the standards of this section take precedence, otherwise these

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alternative development patterns are subject to all other applicable
requirements of this Ordinance.
5.5.4. Conservation Subdivision
a. Purpose: The use of conservation subdivision design seeks to optimize land
use in and around the Town of Chapin, while maintaining a balance
between the preservation of agriculturally, environmentally and historically
significant areas and allowing reasonable and sustainable growth to
continue in the Town. New development shall avoid disturbance of areas or
elements defined as “sensitive” or “significant”. The use of conservation
subdivision design shall not be required, but is encouraged for use on
residential subdivisions:
1. ;
2. Located in certain identified areas of conservation (sensitive area
overlay zones/districts);
b. Application: The developer/applicant shall supply a completed subdivision
application (Section 10.9, Major Subdivision) to the Administrator which
shall include a draft of the conservation easement for the portion of the
property that will remain as permanent open space or agricultural land and
a fully dimensioned site plan, drawn to scale, which shall demonstrate,
delineate, and label all of the following:
1. Topography, including areas to be graded, earth movements, drainage
provisions, existing contour lines and any proposed new contour lines
and any other significant topographical features.
2. The location and type of sensitive areas deemed to be of agricultural,
environmental, or historical significance, as defined in Appendix I:
Definitions of this Ordinance. All construction contracts shall include
language protecting sensitive areas, agricultural land, areas of
conservation, and areas containing sensitive elements.
3. The location and type of all proposed areas to be preserved as open
space or agricultural land, including areas of mitigation and
preservation. These areas shall be marked for identification upon site
inspection.
4. Existing zoning, land use(s), and approximate density of residential uses.
5. Septic or waste water provisions as provided by SCDHEC.
6. For areas of agricultural preservation, a buffer strip of at least seventyfive (75) feet must be delineated. When possible, existing woodlands
should be used, if not, a variety of rapidly growing indigenous trees and
shrubs should be planted thickly in the buffer strip.
7. Any other provisions not specifically required or excluded herein, as
required by this Ordinance.
c. Density: The density allowed by the parcel’s zoning unless a density bonus is
awarded to the developer by the Town of Chapin Planning Commission.

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1. Density Bonuses: Density bonuses may be awarded to developers who
dedicate land for public use, such as trails and parks. Additionally,
density bonuses may be awarded for the provision of affordable or
workforce housing for low to moderate income families.
2. Density bonuses up to an extra 4 du/ac per 10% of open space over the
requirement.
d. Open Space Requirements: A minimum of fifty percent (50%) of the parcel
must be designated as permanent open space.
1. Ownership of Open Space: Shall be protected by a conservation
easement held by the homeowners association, local conservation
commission, land trust, or Town of Chapin that is recorded in the office
of the County Registrar of Deeds. The owners of the open space are
responsible for the payment of any taxes, upkeep, insurance, and any
other responsibilities associated with “ownership” of the land
2. Usable Open Space: At least half of the required open space shall be
useable for agricultural or passive, low-impact recreational purposes, as
determined by the Planning Commission.
e. Final Plat Requirements
1. In addition to the final plat requirements conditioned by subdivision
approval by the Planning Commission, and requirements in Article 10.
Included with the final plat, the subdivider shall submit a subdivder’s
agreement regarding the liability for and maintenance of the open
space. In addition, the subdivider must include a conservation
easement/open space covenant protecting the open space from any
further development.
f. Appeals
1. Any appeals to the decision regarding this section shall follow the
appeal process outlined for subdivision applications (Article 10).
5.5.5. Commercial or Industrial Subdivision
a. Purpose and Intent
In order to prevent creation of traffic hazards, insure the provision of offstreet parking and provision of necessary utilities, plans for Commercial
Subdivisions such as shopping centers, industrial parks, and mixed-use areas
where the site is not subdivided into lots and public streets, but is retained
in one ownership, the site plan shall be submitted to the Planning
commission for review and approval. These regulations are considered
minimum and may be superseded by more restrictive regulations such as
the zoning ordinance.
b. Types of Commercial Subdivisions
1. Group commercial or industrial developments consist of more than one
commercial or industrial structure erected on a single lot.
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c. Application Process: The developer/applicant shall supply a completed
subdivision application (Section 10.9) to the Town of Chapin. In addition,
the following shall be required, unless otherwise determined by the
administrator:
1. Site Analysis consistent Section 10.3.1.a
2. Site Plan consistent with all relevant information detailed in Section
10.3.1.c.
3. Traffic Impact Study consistent with the requirements of Section 5.6
4. Construction Documents consistent with Section 10.3.1.d.
d. General Standards for Commercial Subdivisions: In addition to other
requirements within this Section, the applicant shall demonstrate
compliance with the following:
1. Conformance with Ordinance: The submitted applications shall be
compliance with standards and requirements for parking, signage,
setbacks, spacing between buildings, residential area requirements,
screening, buffers, and landscaping for Commercial Subdivisions.
2. Water, Sewer, and Drainage: Adequate provisions for water supply,
sanitary sewerage, and storm drainage shall be installed by the
developer according to the plans and specifications approved by the
proper authorities.
3. Access and Egress: shall conform to the Driveway Regulation of the
South Carolina Department of Transportation, the Town of Chapin’s
Unified Development Ordinance (UDO), and the Traffic Impact Study
findings.
4. Enforcement: No building permits shall be issued and no connection to
a public water system or public sewer system shall be made until the
construction drawings for the Commercial Subdivision are approved by
the Planning Commission staff and so noted on prints of the
development plan.
5.5.6. Planned Developments (PD)
a. Purpose and Intent: The PD is intended to encourage innovative land
planning and site design concepts that cannot be achieved by other
mechanisms provided by this Ordinance. PDs should achieve a high level of
environmental sensitivity, aesthetics, high quality development and other
community goals by:
1. Allowing greater freedom in selecting the means to provide access,
open space and design amenities.
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2. Promoting quality urban design and environmentally sensitive
development by allowing development to take advantage of special and
unique site characteristics, locations, building types and land uses.
b. Process and Applicability
1. PDs are considered a two-step process. First, there is a Rezoning which
follow the general procedures of Article 10. Second, a Final Plat
approval, per Article 10 shall occur. A complete master plan and written
report shall be developed and submitted for approval as part of the
rezoning process in order to determine the desired standards and
design of the project. Those documents shall be submitted in
accordance with the following standards:
a. Master Plan: Applicants shall first develop and present a master
plan, complying with the Sketch Plan requirements in Article 10, for
the entire parcel which includes, but is not limited to:
i. Size: Size, in acres, shall be listed on the master plan. PDs shall
have a minimum of 10 acres. If the project is intended to be
developed in phases, the master plan shall include all phases.
ii. Districts: Land allocations by land use, including specific
modifications to the Ordinance requirements of those districts
clearly highlighted.
iii. Street Layout and Regulating Plan: The design and location of
the streets shall be provided. Streets shall conform with the
street sections in Article 5 of this Ordinance. Additional bicycle
and pedestrian circulation shall also be indicated.
iv. Lot Layout: Proposed subdivisions of property, required open
space, street regulating plan, neighborhood structure(s). The PD
shall have provisions to allow for a systematic methodology to
provide a variety of lot sizes.
v. Open Space: Subject to Open Space requirements in table.
These should be clearly indicated on the master plan.
vi. Stormwater Requirements: Stormwater shall be considered on a
PD-wide basis and the general locations shall be indicated.
Floodplain information shall also be included on the master
plan.
vii. Resources: The general location of all historic, cultural, and
environmentally sensitive resources shall be depicted on the
master plan.
b. Written Report: A written report shall be submitted to explain the
type, nature, intent and characteristics of the proposed
development, and shall specifically include:

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i.

Site Description: A general description of the proposal, including
a detailed description of the site, location, context, and any
cultural, environmental and/or historic resources.
ii. Vision Statement: The goals, tenets, any special initiatives which
the development intends to achieve shall be clearly identified
for review and discussion.
iii. Rationale: A detailed description of the provisions of the
Ordinance which prevent the development, as desired shall be
provided. This shall include analysis showing how the general
Land Development standards in Article 5, Permitted Use Table
in Article 4, and Zoning Districts in Article 3 limit the intended
development. Specific descriptions of all amenities, building
types, or land uses that are not defined in the Ordinance shall
be required.
iv. Modification to Ordinance: A detailed description of exceptions
or variations from the requirements of this Ordinance, per the
incompatibilities listed above. All items not explicitly listed as
modifications will be subject to the requirements of this
Ordinance.
v. Land Allocation: Tables showing the total number of acres in the
proposed development and the percentage designated for each
proposed type of land use, including open spaces, recreation
areas, public facilities, wetlands and wetland impacts. This
should be coordinated with the Districts as shown in the master
plan. If the development is intended to be phased, the phasing
plan shall be indicated on the tables.
vi. Program: A complete development program, including number
of residential units and proposed densities, building types,
minimum and maximum lot sizes, and square feet and
identification of other nonresidential uses.
vii. Building Design Standards: Guidelines to achieve aesthetics and
high-quality development shall be included. These may be
further detailed in the covenants after all Town approvals have
been secured.
viii. Compatibility Statement: A statement of how the proposed
development is consistent adopted plans and documents of the
Town of Chapin or Lexington County.
ix. Traffic Impact Study (TIS): A Traffic Impact Study to be
performed as outlined in Section 5.6.
x. Interconnectivity:
xi. Other: Additional relevant information as requested by the
Administrator.
c. Performance Guarantee: Before approval of a PD, the Town Council
may require a contract with safeguards satisfactory to the Town
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guaranteeing completion of the development plan in a period to be
specified by the Town, but which period shall not exceed 5 years
unless extended by the Town for due cause show. Such guarantee
may include the submission of a performance bond in an amount
set by the Town.
d. Final Plat: Upon approval of the Rezoning (inclusive of the master
plan), the applicant shall proceed towards approval of a Final Plat
Article 10.
2. Expiration of Approval: The Town shall have the right to review a
concept plan approved as part of a PD when no building permits have
been issued in the past 2 years, and may choose not to issue further
permits within the PD until a revised concept plan has been approved.
5.5.7. Previously Approved Planned Developments
a. Purpose: The intent of this section is to be utilized only for the continuation
of previously established and approved Planned Developments before the
enactment of this Ordinance.
b. Minor Plan Amendments Permitted by the Administrator: The amendment
of previously approved PDs shall be approved by the Administrator, if the
amendment results in a development intensity that is no greater than the
previously approved intensity in terms of total square feet, total number of
units, height, and build-upon area. Additionally, a minor plan amendment
shall be limited to technical considerations that could not be reasonably
anticipated during the approval process, or any other change that has no
material effect on the character of the approved PD development or any of
its approved terms or conditions.
c. Major Plan Amendments Permitted by Town Council Approval Only: All
major changes not subject to the section above, shall be reviewed by the
Planning Commission (PC) and approved by Town Council in accordance
with the procedures outlined in Section 5.5.6.b.
d. Any existing PD may choose to rezone to a standard Town zoning district by
going through the rezoning process in accordance with the procedures
outlined in Article 10.
5.6.

Traffic Impact Study
5.6.1. Applicability
An impact study shall be required if a proposed project:
a. Produces 50 peak hour (AM, PM, or Midday) two-way trips or more; or
b. Produces 500 daily (24 hour) two-way trips or more; or
c. Expansion of existing development that would produce additional traffic,
meeting or exceeding the thresholds within this section. When determining

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whether the project meets the threshold, trips from the existing land use
shall be included in the trips that are considered “produced” by the project.
5.6.2. Application Process
A TIS shall be completed as the first step of the project approval process. Prior
to the submission of any TIS and preliminary plat, the applicant shall complete
and submit a Traffic Impact Study Requirement Evaluation form obtained from
the Administrative Official’s office. The Town will evaluate the request and
determine whether a TIS is required. The TIS is the responsibility of the
applicant. The TIS shall be prepared in accordance with the Traffic Impact Study
Guidelines adopted by the Town of Chapin and obtained from the
Administrative Official’s office. All traffic studies must be prepared under the
supervision of, and signed, stamped and dated by, a professional Civil Engineer
registered in South Carolina. Coordination with other entities in the county
government or South Carolina Department of Transportation (SCDOT) shall be
the responsibility of the applicant. All phases of a development are subject to
review, and all traffic plans for the entire development shall be integrated with
the overall traffic analysis.
5.6.3. Contents Traffic Impact Study (TIS)
a. Study Contents: At minimum a TIS shall include the following:
1. Introduction: A written narrative describing the proposed land use(s),
size, and projected opening date of the project and all subsequent
phases.
2. Existing Land Use
3. Proposed Land Uses
a. Location and context
b. Description of development
c. Zoning Characteristics
d. Site Plan
4. Recently approved (within the last 12 months of application submittal)
developments within (a certain distance as measured along the nearest
public street or road).
5. Analysis
a. Existing traffic volumes on all roads to be accessed using current
SCDOT Annual Average Daily Trip (AADT) counts where possible.
b. Infrastructure Analysis
c. Trip generation tables
d. Trip distribution patterns
e. Turning movement diagrams for peak hours
f. Access analysis
g. Traffic Control Devices
h. Mitigation and Alternatives
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i.

Summary

b. Responsibility for Costs of Improvements: The costs of implementation of an
approved mitigation program shall be the responsibility of the applicant. No
certificates of zoning compliance or building permits shall be issued unless
provisions of the TIA are met.

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Article 6 – Overlay District Design Standards
6.0

Overlay District Design Standards
6.1

Purpose and Intent
The standards for the architectural review overlay districts are based on the vision
statement and land use element of the comprehensive plan. The intent of these
standards is to develop design criteria that, produce aesthetically desirable buildings,
produce buildings that provide a sense of character and identity, promote the
pedestrian orientation of downtown, promote the preexisting look and character of
areas throughout the Town, encourage individuality, harmony, and character in the
design of new developments, redevelopments, and adaptive reuse of existing buildings.

6.2

Boundaries
The standards in this Article are applicable all properties located within an Architectural
Review Overlay District (Figure 6.2.1). Every property within the Town is within one of
the three overlay districts established by this ordinance. For the purposes of this
section, the front of lots shall be defined as frontage along a public right-of-way or
sidewalk.
Figure 6.2.1 Architectural Review Overlay Districts
(INSERT MAP)

6.3

Conflicts With Other Regulations
In the case of conflict between the standards set forth in this Article and any other
regulation within the Unified Development Ordinance (UDO), the more stringent
standard shall apply, as determined by the applicable review body.

6.4

Applicability of Design Standards
All properties within the Town fall within one of the three architectural overlay districts.
Any project that requires a Major Architectural Review as defined in Section 10.6.

6.5

Architectural District Standards
6.5.1 Applicable to all overlay districts
The standards within this section are shall be applied to all overlay districts
(Town Center, Boulevard, and Gateway) as designated by the Town. In addition
to and following this section, other regulations specific to each overlay shall be
met.
a. Building Design
1. Unified Design: If there are multiple buildings within a single, or phased
development, a unified architectural design shall be incorporated into
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2. Accessory buildings shall use the same building materials and color
schemes as the principal structure.
3. Paver and Patio Materials: Pavers and outdoor surface materials for
accessory uses such as porches, patios, or other areas shall be distinct
from those on public sidewalks or use a different pattern, color or
material.
4. Building Materials: Exterior building design shall be coordinated with
regard to color, types of materials, architectural form, and detailing.
Development within the overlay districts shall adhere to the following
provisions:
a. Buildings are required to have different materials for foundation,
building wall, and roof top elements, with a maximum of three
different types of materials to be used. Acceptable materials may
include stucco, brick, stone, wood, or substitute materials that are
designed to replicate one of the stated materials.
5. Color of Building Materials:
6. Building Entrances: Primary Entrances shall accommodate pedestrian
access from the street(s) and parking lots. Secondary public entrances, if
provided, shall be designed in a manner consistent with primary
entrances if facing public streets, parking lots, or property owned by the
Town of Chapin.
7. Specific to Windows and Doors: Mill finished aluminum metal windows
or doorframes are not permitted
8. Paint Colors: Colors used shall be harmonious and compatible with one
another. All colors shall be from the approved paint color palette list or
approved by the Architectural Review Board. Colors of paint and
materials shall be subject to the following:
a. Color schemes shall include a maximum of four colors.
b. Frequent changes in material or color should be avoided.
9. Rooftop Elements: No flat or parapet roofs for buildings under 20,000
sq. ft.?. Minimum roof pitch shall be 4:12. All rooftop amenities shall
have a direct relationship to the principal building or complex regarding
building materials, barriers, and other amenities. Skylights, solar panels,
satellite dishes, antennas, or other attachments, determined by the
Administrator, shall be placed so that they are screened from view at
the eye level of the pedestrians on the sidewalk along the street rightof-way.
a. Ductwork, plumbing or other mechanical additions installed to the
sides of the buildings that are visible from the sidewalk or public
right-of-way shall be integrated into the overall architectural style of
the structure by the use of similar materials and color schemes.
10. Awnings and Canopies: Awnings shall be an accessory to the building’s
design, and shall not be the predominant element of the façade.
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they do not cover more than 25 percent of the surface area of the
awning. Awnings shall not be internally lit. Awnings should not span
across more than one window or door opening, unless otherwise
permitted by the Architectural Review Board.
11. Drive-through windows: Drive-through uses shall adhere to the
following design requirements:
a. Drive-through elements shall be architecturally integrated into the
side or rear of the of the principal building.
b. Drive-through elements shall be constructed of materials and
finishes which are consistent with the principal building.
12. Automobile Service Stations
a. All structures, including canopies over gasoline pumps, and car wash
structures, shall be compatible in scale, proportion, detail,
materials, color, site planning and landscaping.
b. Canopies designed as dominant architectural features are not
permitted.
b. Parking
1. Driveways: The maximum width of curb cuts shall be 12 feet for oneway drives and 24 feet for two-way drives. Additional width may be
provided, at the discretion of the Administrator, to allow for safe turn
radii at the point of intersection between driveway and the public
street.
2. Shared Driveways: Driveways that serve more than one property may
be provided, and should be encouraged. Parking areas that are
constructed within the same development or project shall be
connected.
3. Exceptions: Wider curb cuts for driveways containing a landscaped
median may be allowed with the following provisions:
a. The combined width of the landscaped median and the drives shall
not exceed 55 feet.
b. Lanes shall be clearly marked and striped.
c. The landscaped median shall be a minimum of five feet, planted
with groundcover and low-growing shrubs.
d. Ornamental trees may be placed within a landscaped median
provided they do not impede the sight lines for traffic.
e. Mulch will not be allowed as an acceptable ground cover, but may
be used under the plant material.
c. Fences and Walls
Fencing and wall materials, colors, and design shall be consistent with
the site and architectural design and predominant materials of the
principal structure. In addition, fences or walls shall adhere to the
following provisions:

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1. Shall be composed of masonry, ornamental metal, wood, stucco or a
combination of these materials and constructed with the finished side
facing the exterior property line.
2. Fences and walls greater than 50 feet in length or six feet in height shall
have a change in plane, height, material or material texture or
significant landscape massing.
d. Building Lighting: The style of light fixtures shall be in keeping with the
architectural style of the building and shall not impact surrounding or
adjacent properties.
1. Low intensity architectural trim lighting intended to highlight specific
features of the principal structure(s) façade is permitted provided it
meets all of the following conditions:
a. It is comprised of no more than two colors
b. It is not a dominant feature on the building façade
c. It does not move and is not animated.

e. Outdoor Areas and Seating
1. Decorative features, including water features/fountains, benches, and
art, may be permitted on a case-by-case basis by the Architectural
Review Board.
2. No permanent storage of containers or utility carts for food and/or
beverage service shall be permitted.
3. Furniture shall be of durable material such as wood or metal, designed
specifically for outdoor use.
4. Furnishings not in use may not be stacked or stored on the exterior of
the building within view of the public right-of-way or sidewalk.
5. The use of umbrellas is permitted subject to all of the following
conditions:
a. They do not exceed 10 square feet in diameter.
b. No more than 20 percent of the total exterior surface of the
umbrella is covered in commercial copy, corporate trademark or
business logos.
c. They are constructed of color-fast, flame retardant fabric.
d. They do not encroach over the pedestrian barrier or onto any rightof-way
6. Outdoor dining must be separated from the right-of-way and sidewalk
by a pedestrian barrier meeting all of the following conditions:
a. Pedestrian barriers must be constructed of a sturdy, secured, stable
and weatherproof material and may include plant material.
b. Pedestrian barriers must be at least 36 inches in height, but shall
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height, the upper two feet must be designed to allow clear line of
sight from the sidewalk into a seating area to promote the public
safety.
c. Painted surfaces must be kept free of fading, chip, and rust.
d. Barriers using chain or rope are prohibited.
7. Planters may be permitted subject to all of the following conditions:
a. Planters may not exceed a maximum height of 36 inches above the
level of the sidewalk not including the plant material.
b. Plants that are planted in the ground and that are situated around a
perimeter of a building or outdoor dining area may not exceed a
height of four feet above the level of the sidewalk
c. Plants must be maintained in a healthy condition.
d. Empty planters or planters containing only bare dirt, mulch, straw,
wood chips or non-living material and planters containing plants
considered hazardous, or otherwise unsuitable for close urban areas
are not permitted.
6.5.2

Town Center Overlay District
The standards within this section shall apply to all properties located within the
Town Center Overlay District.
a. Building Façade Design
1. The façade step-back area may be used to provide upper story patios or
other useable outdoor areas with rails and safety barriers to integrate
into the overall architectural style of the structure.
2. Principal entrance facades shall have at least one change of plan or
significant architectural detail for each 50 feet of unbroken horizontal
plane.
3. Secondary facades visible from public streets or parking areas shall have
a change in plane or architectural details along 60 percent of their
horizontal length.
4. Ground floor facades visible from public streets or parking areas shall
have a change in plane or architectural details along 60 percent of their
horizontal length.
5. Secondary facades shall be designed with detailing similar to the
principal facades.
6. Balconies shall be compatible with the scale, location, and use of the
structure
b. Windows, Transparency and Fenestration
1. A minimum of 30 percent of the grade level façade abutting the public
right-of- way or sidewalk or which fronts a parking lot shall be window
surface area.
2. Glazing must be at least 70 percent transparent for windows abutting
the sidewalk or public right-of-way.
3. The maximum height of the sill above the sidewalk shall be 36 inches.

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c. Roofs
1. Buildings less than 20,000 square feet must have a minimum 6:12
pitched roof.
d. Awnings and Canopies
1. The size, scale, color and materials of the awnings shall be compatible
with the rest of the building.
2. Awnings on the ground level shall be a minimum of nine feet and
maximum of 12 feet above the finished grade and may project over the
public sidewalk.
3. If the awning runs the entire length of the ground floor, it shall be on
the same plan as any awning that abuts it on neighboring buildings.
4. Awnings over any windows on the second or above floors, shall be
centered over the window.
e. Decorative Features
1. All decorative features shall be shown on the building elevations
provided by the applicant to the ARB, detailing height, location, and
type of installation(s) proposed

f.

Connectivity
1. Sidewalks: Along facades with a customer entrance and along any
façade abutting public parking areas, sidewalks at least five feet in width
shall be provided along the full length of the façade.
2. Walkways shall incorporate at least two of the following features:
a. Landscaped areas along at least 30 percent of their length.
b. Use of smaller scale pavement (pavers or scoring).
c. Pedestrian scale lighting.
d. Rain protection such as an awning or arcade.
3. Cross access easements shall be provided for abutting, compatible uses
g. Outdoor Seating
1. Outdoor seating serving an eating establishment or other permitted use
may be permitted between the front building line and the right-of-way
provided any service areas such as bars and waitress stations are
located on the side or rear of the building inside the main structure.

6.5.3

Boulevard Overlay District
a. For sites with multiple buildings, service routes shall be separated from
primary customer circulation.
b. Building Design
1. Building Frontage: Single Buildings: For single buildings, a minimum of
forty (40) percent of the front façade shall be located within eight (8)
and thirty-five (35) feet of the front setback.

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a. Sites with Multiple Buildings: For multiple buildings, a minimum of
40 percent of the linear frontage of parcel (property) shall be
occupied by a building façade within front setbacks
b. Rooftop Elements: Flat roofs meeting all other exterior standards
are permitted
2. Outdoor Seating
a. Outdoor seating areas supporting a drinking place shall only be
permitted in the side or rear yard behind the front building line,
unless the outdoor seating area is directly adjacent, or a part of, the
building’s primary entrance
6.5.4

Gateway Overlay District
a. Sites with Multiple Buildings
1. For sites with multiple buildings, service routes shall be separated from
primary customer circulation.
b.
c. Building Façade Design
1. Sites with Multiple Buildings: Buildings shall be compatible with the
scale of adjacent structures and the pattern of the surrounding area.
2. Façade Design
a. The façade step-back area may be used to provide upper story
patios or other useable outdoor areas with rails and safety barriers
to integrate into the overall architectural style of the structure.
b. Principal entrance facades shall have at least one change of plan or
significant architectural detail for each 50 feet of unbroken
horizontal plane
c. Secondary facades visible from public streets or parking areas shall
have a change in plane or architectural details along 60 percent of
their horizontal length.
d. Ground floor facades visible from public streets or parking areas
shall have a change in plane or architectural details along 60
percent of their horizontal length.
e. Secondary facades shall be designed with detailing similar to the
principal facades.
f. Balconies shall be compatible with the scale, location, and use of
the structure
3. Windows, Transparency and Fenestration
a. A minimum of 30 percent of the grade level façade abutting the
public right-of- way or sidewalk or which fronts a parking lot shall be
window surface area.
b. Glazing must be at least 70 percent transparent for windows
abutting the sidewalk or public right-of-way.
c. The maximum height of the sill above the sidewalk shall be 36
inches.

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4. Roofs
a. Buildings less than 20,000 square feet must have a minimum 6:12
pitched roof.
5. Awnings and Canopies
a. The size, scale, color and materials of the awnings shall be
compatible with the rest of the building
b. Awnings on the ground level shall be a minimum of nine feet and
maximum of 12 feet above the finished grade and may project over
the public sidewalk.
c. If the awning runs the entire length of the ground floor, it shall be
on the same plan as any awning that abuts it on neighboring
buildings.
d. Awnings over any windows on the second or above floors, shall be
centered over the window.
6. Outdoor Seating
a. Outdoor seating areas supporting a drinking place shall only be
permitted in the side or rear yard behind the front building line,
unless the outdoor seating area is directly adjacent, or a part of, the
building’s primary entrance.

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Article 7 – Landscaping, Buffers, and Tree Preservation
7.0

Landscaping, Buffers, and Tree Preservation
7.1
Purpose and Intent
The Town of Chapin recognizes that healthy natural environments provide important
benefits that generally promote public health, safety, order, aesthetics, prosperity, local
ecology and general welfare. In support of these objectives, this ordinance regulates
and mitigates the negative impacts of the development on natural resources, such as
trees and vegetation, and to preserve and enhance the aesthetic and ecological values
of landscapes. Further, this section details requirements that help promote the
following:
• Provision of open space
• Preservation of green space
• Creating an attractive community
• Increase general property values
• Protect scenic and ecologically sensitive resources
• Reduce stormwater volume and pollutants
• Benefit the public health and enjoyment of residents
• Eliminate heat islands
• Shelter and protect habitats for wildlife
• Reduce conflict between different uses and intensity of uses
7.2
Administration
7.2.1 Applicability
Except as contained herein, the regulations within this article shall apply to the
following:
a. All new development. Redevelopment of parcels, buildings, or structures
are subject to Section 11.11, Nonconforming Site Features.
b. Development requiring Minor or Major Architectural Review (Section 10.5
and 10.6).
c. Regulations pertaining to tree removal shall apply to all properties within
the Town’s jurisdiction.
d. New parking areas or existing parking areas expanded by more than 50% or
by 12 spaces or more.
e. Other areas within this article that specifically identifies an applicable
situation or development.
7.2.2

Timing
Review for compliance with the standards in this Section shall occur during the
applicable development review procedures within Article 10.

7.2.3

Landscape Plan Required
A landscaping plan shall be submitted with an application for development
subject to the requirements of this Section. The landscaping plan shall depict
the following:

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a. North Arrow and Scale.
b. Topographic information and final grading adequate to identify and
properly specify planting for areas needing slope protection.
c. Tree survey to include size and species including an identifying numbering
system to distinguish between individual trees; the tree number shall be on
the tree itself and notated on the survey. In addition to if they are defined
as Significant, Historic, or Iconic Trees according.
d. The location and contours, at one (1) foot intervals, of all proposed berms as
landscaped features.
e. Property Survey showing the location and dimensions of all existing (to
remain) and proposed structures, setback line and required buffer yards,
parking lots, driveways, landscaped islands and strips, sidewalks, service
areas, screening, fences, walls, berms, above or underground utilities and
storm drainage systems, freestanding electrical equipment, recreational
facilities, and other freestanding structural features as determined
necessary by the Town.
f. Location of plant material, including name of plants (botanical and
common), installation size, spread at time of planting and at maturity,
quantities of plants, and other remarks as appropriate to describe plant
selection. (lawns and beds of annual or perennial plants may be designated
by common names only)
g. Onsite and abutting land use features [within 50 feet], and use(s) of
adjacent parcel(s).
h. Protection plan for existing trees that are to be saved
i. Location of irrigation systems.
7.2.4

All landscaping plans for nonresidential and multi-family sites having an area
greater than one acre shall be prepared by a registered landscape architect.

7.2.5

Landscaping plans for sites having an area of one acre or less may be prepared
by other design professionals with competency in landscape design when the
design is incidental to their work.

7.2.6

The Administrator may approve revisions to landscaping in an approved site
plan in order to accommodate seasonal planting problems or a lack of plant
availability as long as:
a. There is no significant reduction in the quantity of plant material.
b. There is no significant change in the size or location of plant materials.
c. The plant substitutions are of the same general category and have the same
general design characteristics as the materials being replaced.

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7.3

Landscaping Standards
7.3.1

Undeveloped Commercially Zoned Parcels
For the purposes of this Section, commercially zoned parcels shall include the
Town Center (TC), Village Center (VC), Public Institutional (PI), Corridor
Commercial (CC), Interstate Commercial (IC), Office Commercial (OC), and Light
Industrial (LI) zoning districts. Undeveloped Commercially Zoned Parcels shall
have planted or naturally occurring vegetation maintained by the property
owner while vacant to maintain an attractive appearance. Vegetation shall
consist of topographically/geologically appropriate or native grasses, shrubs,
trees, live ground cover, annuals, perennials, ornamental grasses or other
vegetation that will secure the soil and create an attractive appearance, in
compliance with Town property maintenance standards within Article IV. –
Vacant Lots, Premises, Land – Section 10.401 of the Town Code

7.3.2

Clearing of Land, Removal, or Disturbance of Trees
It shall be unlawful for any property located within the Town limits to clear land
of trees, shrubs, and natural feature without receiving approval from the
Administrator. Violations to this requirement shall follow the procedures in
Article 12 Violations and Enforcement.

7.3.3

Installation of Required Landscaping
a. Unless a bond is provided in accordance with the sections below, all
landscaping required by this Section shall be installed prior to the issuance
of a Zoning Permit.
b. If the season or weather conditions prohibit planting of trees or shrubs, the
developer may provide a bond, an irrevocable letter of credit, or other
financial surety in an amount equal to 125 percent of the cost of installing
the required landscaping to guarantee the completion of the required
planting. A zoning permit for the development shall be issued only on
approval of the financial surety. All required improvements must be
completed within the time period established in the development approval,
or within 24 months of the date the developer provides financial surety,
whichever period is shorter. The developer may request, and the
Administrator may grant, for good cause shown,. The financial surety shall
be canceled and/or returned upon completion of the required landscaping.
If the developer fails to complete all required improvements within the
period for completion, as may be extended, the Administrator shall send
written notice to the developer identifying the failure(s) and providing the
developer a period of 30 days to complete the required improvements. If
the required improvements are not completed within the 30-day period, the
Town may draw on the financial surety to complete the required
improvements.

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7.3.4

c. Clustering and/or random spacing of plants and trees is encouraged to
produce a natural appearance in the landscape, except where uniformity is
required for opaque screening.
d. Landscaping, including berms, shall be installed, and maintained so as not to
interfere with the sight distance requirements of this ordinance or the sight
distance needs of vehicular traffic in parking areas and at entrance and exit
locations.
e. Monocultures shall be avoided in formally designed parks, buffers, and
screens.
f. When there is a conflict with the quality, planting requirements, trimming,
or removal of vegetation, the applicable ANSI Standards shall apply.
1. ANSI Z60.1 American National Standard for Nursery Stock
2. ANSI Z133.1 American National Standard for Arboricultural Operations
3. ANSI A300 American National Standard for Tree Care Operations
Credit for Existing Vegetation
Existing vegetation in good health that meets all applicable standards in this
Section may be used to satisfy any planting requirements, provided the
vegetation visually enhances the aesthetic of the property and is protected
before and during development.

7.3.5

Species of Vegetation
Vegetation shall be adapted to the site conditions where it will be planted. The
selection of trees, shrubs, and other vegetation shall be from the Town of
Chapin’s Approved Tree Species List , or suggested climate and region
appropriate species maintained by the South Carolina Forestry Commission is
encouraged. The use of species identified as invasive plant pest species by the
South Carolina Exotic Pest Plant Council is prohibited.

7.3.6

Irrigation
Except for individual single-family lots, all newly-planted and relocated plant
material shall be watered by permanent irrigation systems. Trees shall be
watered at a reasonable rate or as needed based species, size, soil type, and
local weather conditions. All other vegetation shall be watered sufficiently to
ensure healthy growth and longevity in the landscape.

7.3.7

Tree and Shrub Types
The following Tree and Shrub types referenced in this article are defined as
follows:
a. Canopy Tree: At least 25 feet in height or more at maturity.
1. Minimum Caliper measurement at planting shall be 2.5” diameter or
greater
b. Understory Tree: Less than 25 feet in height at maturity.
1. Minimum Caliper measurement at planting shall be 2.5” diameter or
greater.

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c. Shrub: Less than 10’ in height at maturity
1. Minimum Height at planting shall be 2’
7.3.8

Tree and Shrub Spacing and Proximity to Structures and Paving
The intent of this section is to install vegetation appropriately depending on
their size or characteristics, while not harming or potentially harming other
plants, proposed buildings, vehicles, or pedestrians.
a. Shrubs and trees shall be installed no closer than two feet to a curb, gutter,
sidewalk or building.
b. Understory trees shall be planted no closer than 10 feet to a building
Canopy trees no closer than 25 feet to a building, unless otherwise required.
c. Shrubs shall not be planted within six feet of tree trunks.

7.3.9

Screening Unsightly Elements
a. Utilities: Mechanical equipment such as ventilation systems, commercial
exhaust fans, rooftop terminations, commercial cooling equipment, heating
and air conditioning units, TV antennas, and satellite dishes, shall be
completely screened from view at time of planting or installation by lattice,
fence, brick enclosures, vegetation, or combination thereof.
b. Waste Receptacles: Screening of waste receptacles, compactors, and
dumpsters shall be accomplished with an opaque wall of masonry, rotresistant wood, or composite material. The materials of the screen shall be
complementary to the materials found on the primary building.
c. Delivery, Service, and Loading Areas: Delivery, service, and loading areas
shall be completely screened from the public right-of-way and any adjacent
residential use.
7.3.10 Lighting of Landscape features
a. Accent lights used to call attention to signs or landscape features are
permitted provided they meet all of the following conditions:
1. They are comprised of white or clear lights.
2. They do not exceed 25 watts per fixture.
3. They are directed onto the surface of the sign or into the plant material.
4. The bulb is not exposed.
5. They do not spillover beyond the plane of the building
6. They are not moving or animated.
7.4

Parking Landscaping
7.4.1 Parking Lot Screening
a. Applicability: All new or expanded parking areas shall be screened from the
public right-of-way or primary vehicular access point(s) with vegetation. An
opaque screen is intended to exclude all visual contact with the screened
feature from an adjacent property, public street, or right-of-way. An opaque
screen may be composed of a wall, fence, building, or berm; planted
vegetation; existing vegetation; or a combination thereof; as approved by

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the Zoning Administrator. Parking lot screening is not required where
property or street buffers are retained or required.
b. Minimum Height of Screen: Shall include a hedge, dense shrub planting,
masonry wall, wood fence, or combination of such features that results in a
continuous visual screen along the length of its frontage. Hedges and shrubs
may be installed at a height of 2’, as long as the species selected grows to at
least 4’ in height within 4 years of installation.
1. Exceptions may be granted by the Zoning Administrator where the
parcel has irregular configuration, utility easements or legal constraints
which prevent compliance.
c. Minimum Length of Screen: The length of a required screen shall be that
which is necessary to totally visually screen the feature from protected
properties, streets, and rights-of-way as provided in this section. The Zoning
Administrator may approve accommodations for reasonable access and use,
as necessary.
d. Minimum Plantings:Parking lot screens shall comply with the following
landscaping standards:
1. A parking lot shall contain at least one overstory tree for every 40 linear
feet of street frontage, excluding portions of the frontage where
driveways are located and areas necessary to avoid intrusion into clear
sight triangles. Existing trees preserved or planted within required
buffer may count towards this requirement.
2. Where there are conflicts with other planting regulations, the more
stringent regulation shall apply, as determined by the Zoning
Administrator.
7.4.2

Parking Area Interior Landscaping
a. Applicability: The following shall comply with the standards in this
subsection:
1. Any new vehicular surface area (parking lot) whether principal or
accessory use containing 10 or more parking spaces; or,
2. Any new, additional, or expanded portion of an existing vehicular
surface area which cumulatively would create greater than 10 parking
spaces.
b. General Standards
1. No parking space shall be further than 60’ linear feet from a large
maturing tree.
2. One large maturing tree shall be required at the end of every row of
parking. This includes trees located within required landscape islands.
3. Landscaped areas within or adjacent to parking areas must be protected
from vehicular damage by a raised curb, wheel stops or approved
equivalent barrier of at least six inches in height.
4. Creative landscaping plans that incorporate larger islands or different
spacing of landscaped areas than required in this section may be

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approved by the Zoning Administrator, as long as the minimum area of
landscaping and minimum number of trees is provided. Appeals to this
determination are made to the Board of Zoning Appeals for final
decision.
c. Landscape Islands
1. Landscape islands shall be provided within each row of parking spaces
so that the maximum amount of uninterrupted parking spaces is no
greater than twelve (12).
2. No more than 12 continuous parking spaces shall be permitted in a row
without an interrupting landscaped island, except in the following
circumstance:
a. The parking lot is gravel, or covered with other soft pervious
pavement materials, and spaces are not striped.
3. Landscaped islands with a planting area of at least 12 feet wide by 18
feet long area shall be established parallel to parking spaces and at the
end of the parking aisle in order to separate the last space from any
adjacent driveways.
4. Islands shall be curbed for traffic control and safety.
5. At least one (1) canopy tree shall be provided within each landscaped
peninsula. All landscaped peninsulas and medians shall be landscaped
with mulch, sod, shrubs, or ground cover vegetation. If there is a conflict
with overhead utilities, two understory trees shall be provided per
island.

7.5

d. Building Exterior Perimeter Plantings
1. Plant material is required along 10 percent of the length of exterior
building walls and structures to provide separation between the
building and the vehicular surface area.
Perimeter Buffering
Perimeter buffers are intended to provide spatial separation between uses of differing
intensities. Where the buffer requirements herein are in conflict, the greater buffer
width and/or plantings shall apply.
7.5.1

Purpose of Buffer Requirements
a. To minimize the potential negative impact between adjacent land uses and
streets, and to promote land use compatibility.
b. To preserve and retain existing vegetation within required buffers to
preserve natural landscapes and native plant species, unless it conflicts or
does not comply with the requirements in the buffer table below.

7.5.2

Applicability
a. Where a new use or development is established, or expanded by more than
20 percent, and a buffer is required per Table 7.4.4.1.

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7.5.3

7.5.4

1. Where a new use or redevelopment is subject to Section 11.11
Nonconforming Site Features.
General Standards
a. The use of evergreen trees and plans are strongly encouraged within
required buffer areas.
1. Exception: Canopy trees shall be planted unless factors such as
overhead utility lines or buffer size require the planting of smaller trees.
Such substitutions must be approved by the Administrator.
b. In addition to the tree planting requirements, a minimum of 40 percent of
the buffer area shall be planted in a combination of approved shrubs,
annuals perennials, live ground cover, or ornamental grasses.
c. All areas shall be maintained in a minimum of three inches of mulch or pine
straw. Plant materials shall be designed and installed in a manner that
provides variability of height at maturity
d. Spacing and arrangement of plant material must be primarily based on the
mature dimensions of the plants.
e. The buffer yard should not result in using more than 35% of the available lot
and may be reduced accordingly by the Administrator.
f. Fences, walls, and berms, and parking area surfaces & driveways shall be
maintained in good condition and appearance at all times by the owner.
Property Buffer Types
a. The property buffer widths shall be established for new development based
upon the following buffer types (Table 7.4.4.1):
1. Type A: Shall apply when any use is similar to an adjacent use or has
only a slight impact on the adjacent use. Type A buffers shall be planted
or installed. Use of existing landscaping for credits (Section 7.3.4) to be
determined by the Administrator.
2. Type B: Shall apply when any use is somewhat different from an
adjacent use or has a moderate impact on adjacent uses. Type B buffers
shall be planted or installed. Use of existing landscaping for credits
(Section 7.3.4) to be determined by the Administrator.
3. Type C: Shall apply when any use is clearly different from an adjacent
use or has a definite impact on adjacent uses. Use of existing
landscaping for credits (Section 7.3.4) to be determined by the
Administrator.
4. Type D: Shall apply when any use is incompatible with an adjacent use
or has a large impact on adjacent uses. Type D buffers shall be planted
or installed. Use of existing landscaping for credits (Section 7.3.4) to be
determined by the Administrator.
5. Type E: Shall apply when any use is incompatible with or has a severe
impact on adjacent uses. Type E buffers shall be planted or installed.
Use of existing landscaping for credits (Section 7.3.4) to be determined
by the Administrator.

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Table 7.4.4.1: Property Buffer Types
Low Impact
Medium Impact
Type A
Type B
Type C
Minimum
5 ft
10 ft
20 ft
Width
Canopy Trees per
4
6
8
100 linear ft.
Shrubs per 100
12
18
30
linear ft.

High Impact
Type D

Type E

50 ft

100 ft

10

12

40

50

b. Required Buffer Yard Types
Using the types of buffers defined in Table 7.4.4.1, property buffers shall be
required when the following uses are directly adjacent to each other or a
specified zoning district:
Table 7.4.4.2: Required Buffer Yard Types
Zoning
District of
proposed
develop
ment

Adjacent Zoning District
Vacan
t Land

RR
or
RA

SR1, SR2,
and SR3

TR1 or
TR2

TR3

Manufactured
Homes or
Parks

PI

TC or
VC

OC

CC
or
IC

LI

RR or RA

N/A

C

C

C

B

C

D

D

D

D

SR1, SR2, or
SR3
TR1 or TR2

B

N/
A
D

N/A

B

C

D

C

B

C

D

E

B

D

B

N/A

B

C

B

B

B

E

E

TR3

B

D

C

B

A

B

B

A

A

D

E

Manufacture
d Homes or
Parks
PI

B

C

D

C

B

N/A

B

D

C

E

E

B

C

C

B

B

B

N/A

A

B

D

D

c. Reduction in Buffer Width
The required width of a buffer yard may be reduced in accordance with this
subsection, provided, only one width reduction is allowed along any length
of a transitional buffer yard.

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7.5.5

1. Fence or Masonry Wall Included
The width of a transitional buffer yard may be reduced by the amount
shown in Table 7.4.4.1, if a fence or wall compose that is complimentary
to the building in design and materials complies with the following:
a. The minimum width may be reduced by 25% if a solid wall or fence,
at least six feet in height, is constructed. The fence shall be
supplemented with shrubs and Understory trees.
b. A 50% width reduction may be granted with the installation of a
solid brick wall, masonry wall faced with brick or stucco, or a berm
with a minimum height of six (6) feet.
2. Conflicts with Existing Features
Where there are conflicts with overhead utilities, easements,
topographic features, or other limitation determined by the
administrator, one Canopy tree may be replaced by two understory
trees.
d. Permitted Improvements within Perimeter Buffers
Perimeter buffers shall contain only vegetation. The following exceptions
may be allowed provided the requirements in Section 7.4.4.2 are met.
1. Pedestrian Coverings: If awnings, colonnades, arcades, or galleries are
incorporated into the building design, landscaping may be reduced or
eliminated.
2. Vehicular Access Driveways: These may encroach into buffers only if the
driveway is placed approximately perpendicular to the buffer, or if the
driveway is shared by adjoining parcels.
3. Sidewalks, Bicycle Paths and Bicycle Parking: These may encroach,
provided that they shall not count toward meeting the required
landscaped area. Encouraged to be placed on the interior of buffers, as
to not directly abut roadways.
4. Stormwater Management: Stormwater and drainage facilities that
permit vegetation may encroach into the buffers if the planting
requirements are fulfilled.
5. Signage, lighting fixtures, and street furniture.
6. Walls, fences, open-air structures, and sculpture.
7. Utility and services lines.
Street Buffers
a. Applicability: Street buffers along the public right-of-way shall be required
for the following projects:
1. New or redevelopment nonresidential or multi-family or sites requiring
a major architectural review or major subdivision approval.
2. Developments requiring major subdivision approval
3. New construction or expansion of a building by more than 20 percent
within the Light Industrial (LI) zoning district.
4. Exceptions: Street buffers shall not be required in the Town Center or
Village Commercial zoning district. Development of residential dwellings

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on individual lots, or developments that are defined as minor
subdivisions. In certain cases, the review entity may waive or reduce
requirements based on the following criteria:
a. Where walkability is encouraged, or visibility is appropriate.
b. Where the required buffer would interfere with connectivity
between parcels.
c. Conflicts with sight distances and other hazards to the public health
or safety.
d. Commercial visibility for the purposes of attracted vehicular traffic
shall not be considered a reason for waiver of buffer requirements.
b. Location: All required street buffers shall be no less than six feet in width at
any point and average eight feet in width, as measured perpendicularly to
the street, along the entire length of the property.
c. Tree Planting Requirements: Canopy trees shall be planted unless overhead
utility lines or other factors require the use of medium or Understory trees,
as approved by the Administrator. Fractions generated by applying the
minimum number of plants to the actual linear footage of the buffer shall
be rounded up to the nearest whole number. (For example, 125 feet of
buffer length would be required to have two large trees or three medium
trees or four small trees.) The planting schedule for street buffers shall be as
follows:
1. Canopy Trees: 1 per .015 linear foot of frontage.
2. Understory Trees: 1 per .060 linear foot of frontage.
d. Other Planting Requirements: a minimum of 30 percent of the buffer area
shall be planted in a combination of approved shrubs, perennials,
ornamental grasses, live ground cover, or turfgrass. Additional plantings
may not be required in significant natural forested areas maintained within
the street buffer if so approved by the Administrator. All other areas,
including bare ground under trees, shall be covered in a minimum of three
inches of mulch. Spacing and arrangement of plant material must be
primarily based on the mature dimensions of the plants.
e. Berms: Berms shall be allowed to augment required street buffer plantings
as long as a minimum of 50 percent of all required trees and plantings shall
be planted along the street front portion of the berm.
f.

Waivers
Where an existing easement, legal restraint, or obstruction makes complying
with these regulations infeasible, the Administrator is empowered to waive
these requirements. The applicant shall demonstrate compliance to the extent
practicable and mitigate the lack of screening.

7.5.6

Berms

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a. Applicability: Where due to topographical constraints or opportunities
berms are a feasible option, the applicant may propose to use berms in
coordination with other requirements of this ordinance. If included in the
landscape design, berms shall:
1. Not be used for the display of vehicles, merchandise, or storage of any
kind;
2. Have a minimum height of eighteen inches, a minimum crown width of
two feet, and a side slope with a width to height ratio of no greater than
three to one (3:1). No berm shall exceed four feet in height once the soil
settles;
3. Be designed and constructed with an undulating appearance which
mimics, as much as is practicable, a natural topographical feature of the
site;
4. Be substantially planted and covered with live vegetation. No berm shall
consist entirely of turf grass, ground cover, mulch or similar material;
5. Be fully installed, planted, stabilized and maintained prior to
certification of zoning compliance; and
6. Be designed to prevent standing water or to impede the flow of
stormwater from adjacent properties.
7.5.7

Berm Soil
The following shall apply to the soil to be using as a planting berm:
a. The soil shall be imported topsoil or manufactured topsoil from off-site
sources;
b. The soil should be obtained from naturally well-drained sites where topsoil
occurs at least four inches deep, but shall not be obtained from agricultural
land, bogs or marshes;
c. Berm soil shall be free of stones of one inch or larger in any dimension;
roots, plants, sod, clods, clay lumps, or pockets of course sand;
contaminants such as chemicals, construction materials and building debris,
fuels, and other extraneous materials harmful to plant growth; and
obnoxious weeds and invasive plants, including but not limited to quack
grass, Johnson grass, poison ivy, nutsedge, nimblewill, Canada thistle,
bindweed, bentgrass, wild garlic, ground ivy, perennial sorrel, and
bromegrass;
d. The soil shall not be infested with nematodes, grubs, other pests, pest eggs,
or other undesirable organisms and disease-causing plant pathogens; and
e. Soil for berms shall be friable and with sufficient structure to give good tilth
and aeration. Soil shall be within a pH range of 6.2 to 6.8.

7.5.8

Environmentally Sensitive Features
a. Lots that are adjacent to or contain one or more protected waterbodies
shall incorporate a 50 ft. wide natural buffer along the entire length of the
waterbody and shall be calculated from the boundary of the waterbody.

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b. Waterbodies include lakes, natural ponds, rivers, streams, and wetlands.
c. Within this buffer, there shall be no structures, land disturbance, or
vegetation removal.
d. Exceptions:
1. Vegetation removal is allowed for the following reasons:
a. Removing dead or dying trees
b. Removing invasive species
c. Providing an access corridor no wider than 15ft.
d. Forestry Activity
e. Any relief to this section may be petitioned with a variance
application to the Board of Zoning Appeals (BZA).
7.6

Tree Protection and Preservation
7.6.1 Purpose and Intent
The purpose of this section is to retain and protect significant trees and existing
natural vegetation. Additionally, when development projects need to remove
existing trees and vegetation, this section lays out ways to mitigate removed
trees so that the aesthetic look of the Town may be preserved within the
context of natural elements.
7.6.2

7.6.3

Applicability
a. The standards in this section apply to all applications for development that
involve the removal, retention, protection, and replacement of trees.
b. All other projects as defined by Section 7.2.1.
Protected Trees
a. Town of Chapin Approved Tree Species List: The Town of Chapin recognizes
certain trees, because of their species and size, are an asset to both the
Town and individual property owners and are hereby designated as
“understory” and “canopy” trees. Such trees shall be defined as those trees
which are listed in Town of Chapin’s Tree List. This list shall be used to
identify protected trees and as a guide for replanting of trees when
applicable.
b. Significant Trees: Certain trees are deemed significant trees by the Town of
Chapin. Significant trees are any trees from the approved tree species list
that have a diameter at breast height (DBH) at or greater than 18”.
c. Historic Trees: Certain trees are deemed historic trees by the Town of
Chapin. Historic trees are any trees from the approved tree species list, or
noninvasive hardwoods that have a circumference of 75 inches or a
diameter at breast height (DBH) at or greater than 24”. Historic trees shall
not be removed, unless a credentialed arborist provides a report, finding
the criteria for tree removal in Section 7.4.4.2. has been met, and that there
is no reasonable means of preserving or saving the tree. Historic Trees that
are removed shall be subject to mitigation, replacement, or tree coverage
requirements.

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d. Iconic Trees: Certain trees are deemed iconic by the Town of Chapin. Iconic
trees are any trees that have been identified by the Planning Commission or
Town Council as Iconic due to their location, relation to historic events
and/or property, overwhelming beauty and/or uniqueness, prominence in
the visual beauty in the Town of Chapin, dedication to an individual(s) or
event, or represent significant investment by the Town. A tree may be
deemed iconic regardless of age, size, and/or species. While living, Iconic
Trees may not be removed or replaced without the express permission of
the Planning Commission. In the event that an Iconic tree is removed,
replaced, damaged, or otherwise impacted, the Planning Commission shall
determine the new location of the replacement iconic tree. The Town shall
maintain a list of Iconic Trees in the Town of Chapin.
7.6.4

Tree Coverage Requirements
Applicability: In addition to the standards laid out within this Article, land or
property shall maintain a minimum baseline canopy coverage area based on the
zoning district and lot size. This canopy can be comprised of existing trees, new
trees, or a combination of both, and shall be per the table below:
ZONING DISTRICT
Minimum Number of Trees Required
1 Overstory Tree Required
Agricultural (RR and RA)
N/A
Suburban (SR1 and SR2
Per 4,000 sq. ft. of lot size
Suburban Residential 3 (SR3)
Per 6,000 sq. of lot size
Town (TR1, TR2, and TR3)
Per 6,000 sq. ft. of lot size
Town Center
N/A
Village Commercial
N/A
Commercial (CC, IC, and OC)
Per 6,000 sq. ft. of lot size
Institutional (PI)
Per 4,000 sq. ft. of lot size
Light Industrial
N/A

7.6.5

Unlawful to Remove, Cut, or Damage Protected Trees
a. Unless authorized by the terms of this section or approved by the
Administrator during site plan review, no person shall cut down, remove,
irreparably or irreversibly damage or destroy any protected or tree with a
diameter at breast height (DBH) greater than 8” .
b. Forestry Activity Exempt
1. Pursuant to the provisions of the South Carolina Forestry Management
Act Section 48-23-205, forestry activities are permitted on all forestland
parcels that is:
a. Taxed on the basis of its present value as forestland under S.C. Code
of Laws Section 12-43-220(d); or
b. Managed in accordance with a forest management plan; or
c. Certified under the Sustainable Forestry Initiative, the Forest
Stewardship Council, the American Forest Foundations Tree Farm

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System, or any other nationally recognized forest certification
system; or
d. Subject to a legally binding conservation easement under which the
owner limits the right to develop or subdivide the land; or
e. Managed and harvested in accordance with the best management
practices established by the State Forestry Commission pursuant to
S.C. Code of Laws Section 48-36-30.
c. Time Restrictions
d. In the event that the Administrator determines that any Forestry Activity on
Forestland, that is otherwise permitted pursuant to subsection 7.4.5.2.
above, has resulted in a change in the land from Forestland to non-forest or
nonagricultural use, the Administrator may deny zoning permit:
1. One year after the completion of a timber harvest if the activity results
in the removal of all or substantially all of the trees from the parcel.
2. Five years after the completion of a timber harvest if the harvest results
in the removal of all or substantially all of the trees from the parcel and
the harvest was a willful violation of Town regulations.
3. Conflicts with applicable ordinances of Lexington County.
7.6.6

Tree Removal Permit
a. Permit Required
A Zoning Permit shall be required for the removal of any tree on the
Town of Chapin’s Approved Tree Species List exceeding 8” DBH
(Diameter at Breast Height) or protected trees as described in Section
7.4.3.
b. Acceptable Reasons for Tree Removal
1. Removal of historic and significant trees described in Section 7.4.3, shall
be only be permitted when the applicant submits an arborist report
with a zoning permit application detailing the following findings:
a. The tree is dead.
b. The tree is affected by a pest or disease problem will result in
rapidly declining tree health and a hazardous condition to other
trees or safety.
c. The tree is in irreversible decline due to mechanical damage, poor
maintenance or environmental stresses or a combination thereof
and its condition cannot be improved with ANSI (Section 7.3.3.6)
maintenance techniques.
d. The tree has an uncorrectable structural defect that results in an
increased risk of whole or partial tree failure.
e. The tree is in an existing or proposed restricted growth space
resulting in conflict with the surrounding hardscape or
infrastructure and the conflict cannot be resolved.

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f.

The tree is in conflict with overhead utility lines and proper pruning
cannot adequately reduce the conflict without severely disfiguring
the tree or will result in crown reduction encompassing more than
50 percent of the normal crown. Applicant to demonstrate the
impossibility of other options that do not include tree removal.
g. The tree is in conflict with proposed site
reconfiguration/improvements or above/below ground utility
upgrades and the conflict cannot be resolved or the correction of
the problem will result in severe disfigurement of the tree or severe
root damage which compromises structural stability or will result in
crown reduction encompassing more than 50 percent of the normal
crown.
2. When all other trees on the Town of Chapin’s Approved Tree Species
List with a DBH between 8”<18” the Administrator shall approve the
zoning permit if one of the following factors is determined:
a. Health: Whether or not the tree is in good health.
b. Access: Whether or not the tree is a hazard to pedestrian, bicycle,
or vehicular traffic.
c. Structural Interference: Whether or not the tree presents a hazard
to buildings, structures, or utility lines.
d. Safety: Whether the tree poses an immediate threat to health and
safety of people or adjacent structures.
e. Development: Whether or not the tree constrains reasonable
development of the specific site, considering lot size, applicable
setbacks, context, building type and use, stormwater requirements
and other relevant site development considerations.
c. Tree Mitigation
1. Applicability: Mitigation and replacement for trees is not required for
properties zoned RR, RA, SR1, SR2, SR3, TR1, TR2, and LI, unless the
project falls under the “applicability” standards in Section 7.2.1. All
properties shall be subject to the Tree Coverage Requirements in
Section 7.4.4.1.
2. Required Submittal: A tree removal and replacement plan, including the
location, genus and size (DBH) of the tree to be removed; and the
species and proposed locations and caliper at the time of planting of
replacement trees, must be approved by the Administrator prior to site
plan approval.
3. Installation of Replacement or Mitigated Trees: All trees removed in
conjunction with approved tree removal permit shall be replaced within
90 days after removal. Exceptions to this timeline may be approved by
the Administrator after determining that construction activities or
weather conditions warrant an extension. All trees shall be
appropriately planted at the specified caliper (Section 7.3.1.7) and
spaced appropriately from buildings, paved areas, and other vegetation.

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4. Credits Toward Mitigation: Trees with a DBH over 18” that are
preserved on the property and that are found on the Town of Chapin
Tree List, shall count towards mitigation. The type, size, and species of
trees to be saved shall be included on the site plan.
5. Mitigation Schedule: Replacement trees of the same or similar species
as the tree to be removed shall be planted as required in the tree
replacement schedule in the table below. If tree replacement on the
property is not possible because unique site conditions, safety concerns,
and/or limitations of reasonable use of the property, the applicant may
pay a fee to the Town in lieu of replacing trees per the schedule below:
Table 7.4.7.3.5: Replacement and Mitigation Schedule
Tree Type
Replacement: % of
Mitigation: Cost/Caliper
caliper inches
Inch
Understory Tree
25%
$10/inch
Canopy Tree
33%
$50/inch
Significant
50%*
$50/inch*
Historic Tree
50%*
$100/inch*
Iconic
(See Section 7.5.3.4)
(See Section 7.5.3.4)
APPROVED
APPROVED MITIGATION
REPLACEMENT
Historic Tree: A 24-inch Historic Tree: A 24-inch
Live Oak tree is
(DBH) Live Oak tree is
approved to be
approved to be
removed. The applicant removed. The applicant
may choose to plant
must pay $2,400 for the
back (4) 3-inch Live
removal of the tree (24”
Oaks (12”) to equal 50% x $100 = $2,400)
of the tree to be
EXAMPLES:
removed
Canopy Tree: A 12-inch Canopy Tree: A 12-inch
Live Oak tree is
tree is approved to be
approved to be
removed. The applicant
removed. The applicant must pay $600 for the
may choose to plant
removal of the tree (12”
back (1) 4-inch live oak
x $50 = $600)
to equal 33% of the tree
to be removed.
*Replacement location of historic or significant trees removed shall be
decided by the administrator or applicable review entity.
6. Violations: Any tree removed without a permit shall be required to pay
double the mitigation costs found in the above table.
d. Exemptions
No permit is required for the following actions:

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1. Removal of Hazardous Trees: In the event that a tree poses an imminent
threat to public safety or property, such as a result of a catastrophic
event, the Administrator may waive the requirements of this section.
Written and photographic documentation must later be submitted to
the Administrator, describing the threat which initiated the removal.
The Administrator may require replacement of any trees which are
removed where it is determined that the threat resulted from
negligence.
2. Forestry Activities: Subject to the South Carolina Forestry Management
Act Section 48-23-205, forestry activities on all forestland parcels shall
be exempt from Tree Removal Permitting.
3. No Mitigation Required: Mitigation is not required for laurel oaks,
sweet gum, pecan trees, or pine trees not on the Town of Chapin’s Tree
List.
e. Palm and Palmetto Trees
The following requirements are specific to palm trees or palmetto plants.
1. The palm or palmetto tree(s) shall be of the following species:
Common Name
Botanical Name
Needle palm
Rhapidophyllum hystrix
Dwarf or Bush Palmetto
Sabal minor
Cabbage Palm or Palmetto
Sabal palmetto
Saw Palmetto or Scrub Palm
Serenoa repens
2. Palmetto Trees or Palms are subject to the following conditions:
a. Palm or palmetto tress are only permitted at the entrance of a
principal building, adjacent to a landscaped property entrance or
sign, or part of a landscaped area featuring a flagpole(s).
b. Only one palm or palmetto tree may be located at an entrance of
the principal building, adjacent to a landscaped property entrance
or sign, or part of a landscaped area featuring a flagpole(s), unless
otherwise permitted by the Architectural Review Board for the
purposes of; balance or consistency with existing vegetation.
c. Any palm or palmetto tree shall be planted at the surface and
properly supported per ANSI300 standards.
3. No palm or palmetto tree may be used as a shade tree, street tree, or as
part of a buffer or landscaping requirement.
7.6.7

Tree Protection Zone (TPZ)
Before and during any land disturbance, construction or development, the
following measures shall be utilized to protect canopy and understory trees,
including tree crowns and roots, designated for retention per the site plan as
approved by the Administrator. The location of the TPZ fencing and method of
construction shall be noted on the site plan.

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a. Prior to clearing/grading/land disturbance, construction, and/or
development of a property, the owner shall install all tree and root
protection necessary to protect identified canopy and understory trees from
damage.
b. All canopy and understory trees shall be protected with a sturdy and visible
fence before any land disturbance begins. At a minimum, such Tree
Protection Zone (TPZ) shall be established and be equal to a one-foot radius
on the ground for every inch of Diameter at Breast Height (DBH) or the
extent of the drip line of each canopy and understory tree to be protected,
whichever is greater.
c. Tree protection fencing shall be installed and remain in place and in good
condition until all clearing/grading/land disturbance, development and
construction activities are completed.
d. The TPZ fencing shall be constructed from any material visible and
substantial enough to prohibit and keep out vehicles, people, and all other
activities associated with the clearing/grading/land disturbance,
development and construction process, as approved by the Administrator.
Examples include wood posts and rails, chain link fencing, wire fencing and
posts, and other substantial materials. Tree protection fencing shall be a
minimum of four feet high.
e. All Tree Protection Zones shall be designated as such with signs posted
visibly on all sides of the fenced protection area, with lettering and colors
that provide maximum readability in terms of distance and contrast.
f. No soil disturbance or compaction, stock piling of soil or other construction,
paving or landscaping materials, vehicular traffic, or storage of heavy
equipment is allowed in the tree protection zones of trees to be retained.
g. In situations where strict adherence to the provision of tree protection
zones is not possible due to factors including, but not limited to, site
conditions, overlapping tree protection zones, or grade changes, the
Administrator may, through field determination and consultation, allow
modifications to the required tree protection zone based on accepted best
practices and procedures.

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Article 8 – Off-Street Parking Standards
8.

Off-Street Parking Standards
8.1.
Purpose and Intent
Parking lots and similar facilities are necessary elements in the urban environment.
However, the provision of parking facilities must be regulated to avoid negative impacts
such as increased stormwater volumes, heat islands, reduced traffic efficiency,
interruption of a vibrant streetscape and other recognized externalities of parking lots.
The purpose of this section is to ensure the adequate provision of parking in Chapin
without degrading the built or natural environment, and to provide clear regulations
regarding the location, sizing, and screening of off-street parking facilities. It is intended
that these standards will ensure the development of parking in a manner consistent
with the desired character and development patterns of the community.
8.2.

Applicability
8.2.1. New Development
All new development shall provide off-street parking and loading areas in
accordance with the standards of this Section
8.2.2. Existing Development
a. Change in Use
Additional off-street parking or loading facilities are not required when a
building’s use changes from one conforming use to another conforming nor
when a non-conforming use is converted to a conforming use.
8.2.3. Building Expansion
This section applies to existing structures that are expanded or enlarged in
terms of the number of dwelling units, more than 20% of its floor area, or is
otherwise significantly improved as defined by Article 11. Any additional offstreet parking and loading spaces that may be required due to the improvement
shall be provided in accordance with the requirements of this Section, and
applied only to the expanded or enlarged part of the structure.
8.2.4.

Historic Buildings
A designated building on the National Register of Historic Places, recorded with the
State SCDAH or NPS that undergoes expansions under 20% of the number of
dwelling units, floor area, or other work requiring Architectural Review or
Zoning Permit shall not require additional off-street parking or loading facilities.

8.2.5. Timing of Review
Review for compliance with the standards of this Article shall occur during
review of a development application in accordance with Article 10 Development
Review Procedures.

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8.2.6. Parking Plan Required
All development applications subject to review for compliance with the
standards of this Article shall include a parking plan which shall accurately
convey compliance with this section.
8.3.

General Standards
8.3.1. Use of Parking
Off-street parking areas required by this Section shall be used solely for the
parking of licensed motorized vehicles in operating condition. Required parking
spaces shall not be used for the sale, lease, storage, dismantling, or service of
any vehicles, boats, motor homes, campers, mobile homes, building materials,
equipment, or supplies except for farmer’s markets and food trucks on a
temporary basis.
8.3.2. Identified as to Purpose
Off-street parking areas shall include painted lines, wheel stops, or other
methods of identifying individual parking spaces and distinguishing such spaces
or berths from an aisle.
8.3.3. Surfacing
a. Except as provided for in section 8.3.3.2 and 8.3.3.3 below, all off-street
parking areas shall be surfaced with asphalt, concrete, brick, stone, pavers,
or an equivalent hard, dustless, and bonded surface material. Use of
surfacing that includes recycled materials (e.g., glass, rubber, used asphalt,
brick, block, and concrete) is encouraged. These surfaces shall be maintained
in a smooth, well-graded, clean, orderly, and dust-free condition.
b. The use of pervious or semi-pervious parking lot surfacing materials—
including, but not limited to—pervious asphalt and concrete, open joint
pavers, and reinforced grass/gravel/shell grids may be approved for offstreet parking and loading areas, provided such surfacing is subject to an ongoing maintenance program (e.g., sweeping, annual vacuuming).
c. Off-street parking spaces and driveways for single-family detached, twofamily, and townhouse dwellings may utilize pervious material when located
on a privately maintained roads, such as crushed stone or gravel. This shall
not include major subdivision unless specifically approved or conditioned by
the Planning Commission.
8.3.4. Maneuvering
Off-street parking areas shall be arranged so no parking or maneuvering
incidental to parking shall occur on a public street or sidewalk.

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8.3.5. Parking in Front of a Residential Structure
Except within a driveway surfaced as provided in Subsection 8.3.3.c, the parking
of any vehicle is prohibited in the front yard. For the purposes of this section
the front yard shall be considered any areas between the principal building and
the right-of-way that is not specifically designated for parking. Parking of
vehicles in the side or rear yard not within a driveway or parking area, must be
screened from the public right-of-way, as determined by the Administrator..

8.3.6. Parking of Recreation, Commercial, and Unlicensed Vehicles
a. No recreational vehicle shall be parked or stored on any lot in a residential
district for more than twenty-four (24) hours, other than in a carport,
enclosed building, or rear yard.
b. No vehicle or trailer subject to State licensing which does not display a
current license plate shall be parked or stored on any lot in a residential
district, except in an enclosed building or in the rear yard.
c. No more than one travel or camping vehicle per family living on the
premises shall be permitted to be parked on a lot in any residential district;
and the vehicle shall not be occupied temporarily or permanently while it is
parked or stored, except in an authorized mobile home park.
1. Exception: In Rural Agricultural (RA) or Rural Residential (RR) the
Administrator may grant temporary stays of camping or recreational
vehicle in the form of a zoning permit. Temporary stays shall not
exceed more than 120 total calendar days within a 12-month period.
d. Vehicles that have a gross combination weight rating or gross combination
weight of 26,001 pounds or more, whichever is greater, inclusive of a towed
unit(s) with a gross vehicle weight rating or gross vehicle weight of more
than 10,000 pounds, whichever is greater. This includes front- and rear-end
loaders, or any kind of commercial, industrial, agricultural and
transportation vehicles/equipment used primarily for business purposes,
shall not be parked or stored on or adjacent to any parcel in residential
district for purposes other than unloading, loading, or delivery services. This
excludes vehicles or trailers approved under the Home Occupation
requirements.
8.3.7. Americans with Disabilities Act
All parking facilities that require accessible parking spaces shall ensure that a
portion of the total number of required parking spaces shall be specifically
designated, located, and reserved for use by persons with physical disabilities, in
accordance with the standards in the Federal American with Disabilities Act
(ADA) and or ICC A117.1.
8.4.

Minimum Off-Street Parking Requirements
8.4.1. Except as otherwise expressly stated, off-street motor vehicle parking spaces
shall be provided in accordance with the following table:

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Table 8.4.1: Minimum Number of Off-Street Vehicle Parking Spaces
Principal Use
Parking Standards
Residential Uses
Accessory Dwelling Unit
1 space per unit, in addition to principal use standards
Bed and Breakfasts
1 space per unit, in addition 1 off-street space shall be
reserved for the owner and 1 for staff (such as a
housekeeper)
Day Care Home
2 space per unit, in addition 1 space shall be reserved for
each employee on shift
Dwelling, Detached Single
3 spaces per unit
Family
Dwelling, Attached Single Family 2 spaces per unit
Dwelling, Two-Family
1 space per unit
Dwelling, Three-Family
1 space per unit
Dwelling, Multi-Family
1.5 per unit
Rowhome
1 space per unit
Group Home, Small and Large
1 space per 3 beds, with 1 space for each employee or
supervisor on shift
Manufactured Home
2 space per unit
Nursing Homes
1 parking space per 6 beds, in addition to 1 space per
employee during peak-hour shift.
Short Term Rental
1 independently accessible parking space per unit, no
tandem parking allowed.
Commercial
Automobile Service Station
1 space per 2 employees at peak shift, in addition 1 space
per 150 square feet of the automobile repair space.
Automobile, ATV, Motorcycle or 1 space per 2 employees at peak shift, in addition 1 space
Boat Sales
per 150 square feet of the automobile repair space (if
applicable) All vehicles for sale shall be located on paved
surfaces.
Automotive Parts Store
1 space per 400 square feet of gross floor area
Bars and Nightclubs
1 space per two seats or 1 space for every 75 sq. ft. of bar
area, including outdoor areas, whichever is greater
Car Wash
1 space per peak hour employee, and 1 space per bay.
Catering Service
1 space per 400 square feet of gross floor area
Check Cashing
1 space per 400 square feet of gross floor area
Commercial Day Care Center
2 spaces per peak shift employee
Convenience Store
1 space per 400 square feet of gross floor area
Drive-In Movie Theaters
1 space per speaker outlet
Dry Cleaning
1 space per 600 square feet of gross floor area
Financial Institutions
1 space per 400 square feet of gross floor area
Funeral Homes
1 space per 4 seats within the sanctuary (if applicable)
and/or 1 space per 2 employees, whichever is greater
Garden Centers
1 space per 400 square feet of gross floor area
General Retail
1 space per 200 square feet of gross floor area
Hardware Store
1 space per 400 square feet of gross floor area

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Hotels/Motels
Indoor Storage
Liquor Stores
Microbrewery, Micro-Distillery,
or Micro-Winery
Miniature Golf
Mixed-Use Building
Office Building
Office, Medical
Office, Non-medical
Personal Service
Pet Boarding
Restaurant, Full-Service
Sexually Oriented Businesses
Specialty Retail
Tattoo Parlor
Vape or E-Cig Store and Lounge
Veterinarian
Institutional, Civic, or Public
Amphitheaters
Cemetery and Mausoleums
Civic and Social Organizations
Colleges, Universities, and
Vocational Schools
Elementary Schools
Farmers Market, Indoor
Farmers Market, Outdoor
Golf Course
Government Building or Facility
Hospital
Kindergarten or Preschool
Public Utility Stations
Recreational Facilities
Religious Assembly

1 space for each room to be rented, in addition to 1 space
per 2 employees at peak shift
1 space per peak employee and 1 space per 5 leasable
units.
1 space per 400 square feet of gross floor area
1 space per 300 square feet or 1 space per two seats,
whichever is greater
4 spaces per hole, plus 1 space for every 2 employees on
peak shift
2 spaces per unit in addition to parking requirement for
other associated use
2 spaces for each 1,000 square feet of leasable floor area,
plus 1 space for each 2 employees
1 space per 400 square feet of gross floor area
1 space per 400 square feet of gross floor area
1 space per 400 square feet of gross floor area
1 space per 400 square feet of gross floor area
1 space per two seats or 1 space for every 75 sq. ft. of
dining area, including outdoor areas, whichever is greater
1 space per 400 square feet of gross floor area
1 space per 400 square feet of gross floor area
1 space per 400 square feet of gross floor area
1 space per 400 square feet of gross floor area
1 space per 400 square feet of gross floor area
1 space per 4 seats
4 spaces per acre, plus 2 spaces per employee on shift
1 space per 600 square feet of gross floor area
1 space per 4 students at maximum capacity in addition to
requirements for associated uses
1 space for each vehicle owned and operated by school
staff and 2 spaces per classroom or administrative office
2 spaces per booth or vendor or 1 space per 400 square
feet of gross floor area, whichever is less
2 spaces per booth or vendor or 1 space per 400 square
feet of gross floor area, whichever is less
4 spaces per hole, plus 1 space for every 2 employees on
peak shift
1 space per 400 square feet of gross floor area
1 space per 2 beds intended for patients, and 1 space for
each 3 employees during peak shift
1 space for each vehicle owned and operated by school
staff and 2 spaces per classroom or administrative office
1 space per employee per shift
10 spaces per athletic field or 4 spaces per .25 acre of
areas dedicated to use, whichever is greater
1 space per 4 seats in the main assembly room

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Secondary Schools
Sports Stadium
Theater
Transportation Terminal (Bus
and Rail)
Industrial
Animal Shelters
Correctional Facility
Crematory
Heavy Equipment Rental

Indoor Shooting Range
Junk Yard or Scrap Yard
Manufacturing or Production
Facility
Outdoor Shooting Range
Outdoor Storage
Repossession Services
Truck Sales and Service

Warehouse
Wholesale Trade

1 space for each vehicle owned and operated by school
staff and 2 spaces per classroom or administrative office
1 space per 4 seats in addition to 1 space per peak hour
employee
1 space per 4 seats
1 space per 2 passenger of a peak hour for departures and
arrivals, including accounting for multiple buses or trains
1 space per 400 square feet of gross floor area
2 spaces per peak hour employee in addition to 1 space for
every vehicle owned and operated by the facility
1 space per 600 square feet of gross floor area
1 space per 2 employees at peak shift, in addition 1 space
per 150 square feet of the automobile repair space (if
applicable) All vehicles and equipment for rent shall be
located on paved surfaces.
1 space per 400 square feet of gross floor area
2 spaces per employee at peak shift
1 space per 1,000 square feet of gross floor area in
addition to 1 space per employee at peak shift
2 spaces per shooting bay, in addition to 1 space per
employee at peak shift
1 space per 400 square feet of gross floor area, in addition
to 1 space per employee at peak shift
1 space per 400 square feet of gross floor area, in addition
to 1 space per employee at peak shift
1 space per 2 employees at peak shift, in addition 1 space
per 150 square feet of the automobile repair space (if
applicable) All vehicles for sale shall be located on paved
surfaces.
1 space per 1,000 square feet of gross floor area in
addition to 1 space per employee at peak shift
1 space per 1,000 square feet of gross floor area in
addition to 1 space per employee at peak shift

8.4.2. Districts Excluded
There shall be no minimum off-street parking spaces required within the Town
Center.
8.4.3. Planned and Negotiated Development Districts
Within Planned Development Districts, required off-street parking standards
shall be determined during review of the application.
8.4.4. Unlisted uses

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An applicant proposing to develop a principal use that is unlisted in Section
8.4.1, Minimum Number of Off-Street Parking Spaces shall propose the amount
of required parking by one of the methods outlined below:
a. Apply the minimum off-street parking space requirement specified in
Section 8.4.1 for the listed use that is deemed most similar to the proposed
use; or
b. Conduct a parking demand study by a transportation or traffic engineer or
other experienced professional to demonstrate the appropriate off-street
parking space requirement. The study shall estimate parking demand based
on the recommendations of the ITE, ULI or another acceptable source of
parking demand data. This demand study shall include 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.
8.4.5. Maximum Number of Off-Street Parking Spaces
Except as otherwise stated within this Article, the maximum number of offstreet parking spaces provided shall not exceed 125 percent of the minimum
provided in Table 8.4.1.
8.4.6. On-Street Parking
Uses may count on-street parking spaces that are within the frontage of the lot,
on public street rights-of-way abutting the subject property towards the offstreet motor vehicle parking minimums.
8.4.7. Alternate Compliance
The parking ratios of this section are not intended to prevent development or to
make development economically impractical. To allow for flexibility in
addressing the expected parking demand, alternative off-street parking
requirements may be approved by the Board of Zoning Appeals under the
Special Exception proceedings in Section 10.11. The applicant shall provide a
parking study or a parking demand management plan demonstrating that the
parking requirements in Table 8.4.1 do not accurately reflect the parking
demand that can reasonably be anticipated for the proposed use.
8.4.8. Fractions
When measurements of the number of required spaces result in a fractional
number, any fraction of less than one-half is rounded down to the next lower
whole number, and any fraction of one-half or more is rounded up to the next
higher whole number.
8.4.9. Bicycle Parking
A minimum of five (5) bicycle parking spaces is required for all uses requiring
twenty-five (25) parking spaces. Thereafter, an additional two (2) bicycle parking

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spaces is required for each additional twenty-five (25) parking spaces. Bicycle
parking facilities shall be standard bicycle racks or other secured lockable
facilities. When feasible, the bicycle facilities shall be located near the entrance
to the building.
8.5.

Design Standards for Parking Lots
8.5.1. Dimensional Standards for Parking Spaces and Aisles
Except as otherwise provided, or determined by the Lexington County Engineer,
standard vehicle parking spaces and aisles shall comply with the minimum
dimensional requirements established in Table 8.5.1: Dimensional Standards for
Parking Spaces and Aisles.

Table 8.5.1: Minimum Dimensional Standards for Parking Spaces and Aisles
Parking
Staff Width
Stall Depth
Drive Aisle
Stall Length
Double Row
Angle
Width
Along Curb
+ Aisle, Curb
to Curb
A
B
C
D
E
F
0
8’
8’
12’
20’
48’
30
9’
16.8’
12’
18’
45.6’
45
9’
19.1’
12’
12.7
50.2
60
9’
20.1’
14.5’
10.4’
54.7’
90
9’
18’
24’
9’
60’

8.5.2. Parking Area Location
a. The below table regulates the location of parking areas in respect to the
principal building and use. The front, side, and rear of the building shall be
in respect to the primary building frontage, or where the use derives its
address.

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Table 8.5.2.a Parking Area Location
Zoning District
Location
RA and RR
SR1, SR2, and SR3

N/A
Side or Rear

TR1 and TR2
TR3
TC
VC
OC

Side or Rear
Side or Rear
Rear
Side or rear
Front, side, and rear

Additional
Requirements
Unless a circular
driveway is present or
installed per code

Shall be located in the
side or rear when
located within 1000’
linear feet of a TC or VC
District. Additionally,
see note*
See note*
See note*

PI
Front, side, and rear
CC and IC
Front, side, and rear
LI
N/A
PO
N/A
*No more than 2 rows (one drive aisle) or 20% of the number of required
parking, whichever is smaller, is permitted between the principal building and
road.
b. Parking Location for Double frontage or Corner lots
1. Except in the IC and LI District, no property shall have more than 2 rows
(with aisle) between any one building and abutting public streets.
8.5.3. Off-Site (Satellite) Parking
Except for spaces provided subject to the Americans with Disabilities Act,
required Off-Street Parking spaces may be provided on a separate lot which
does not contain the proposed use or structure subject to the following
standards:
a. New off-Site parking areas must comply with all applicable parking area
design and accessibility standards.
b. Off-site parking areas must be located within a 1,200-foot publicly
accessible and established walking distance of the entrance of the use
served by such parking.
c. The walking distance between the off-site parking areas and the primary
pedestrian entrances to the uses shall consist of a walkway protected by
landscape buffer or a curb separation and elevation from the street grade.
Periodic crossings at established crosswalks are allowable.
d. The right to use the off-site parking must be evidenced by a deed, lease,
easement, or similar written instrument establishing such use, for the
duration of the use.

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e. Off- Site Parking shall not be provided within Residential Zoning Districts.
8.5.4. Shared Parking and Parking Reductions
When two or more uses share common parking facilities, the minimum amount
of required parking may be reduced. The minimum amount of required parking
shall be calculated as the sum of the required parking for the 2 uses separately,
divided by the factor listed in the table below. The Zoning Administrator will
classify the uses in the categories in the table prior to the calculation of offstreet parking requirements. In all cases, the burden to demonstrate that a
reduction in parking requirements is warranted shall rest with the applicant.
Shared Parking Reductions
Residential
Lodging
Office
Residential
1.0
1.1
1.4
Lodging
1.1
1.0
1.7
Office
1.4
1.7
1.0
Retail/Restaurant
1.2
1.3
1.2

Retail/Restaurant
1.2
1.3
1.2
1.0

8.5.5. Additional Parking Reductions
The Zoning Administrator may grant a reduction in the parking requirements set
forth in this section in the following cases:
a. Where uses in the same or adjoining development, having different peak
hour demand, seek to share parking, the applicant must submit to the
administrator an analysis and substantiated projections of peak parking
demand — based on historic data from other locations or a similar use or a
parking study — for the entire development to justify the shared use of
parking spaces for separate uses.
b. Where the special nature of a certain development (e.g., special types of
housing projects inhabited by persons with low or no automobile
ownership) does not require the amount of parking listed in Table 8.4.1
c. Where fewer parking spaces are needed due to location and use — e.g., if
there is a high concentration of residential units adjacent to a
neighborhood-serving use, a parking reduction may be warranted.
8.5.6. The Administrator shall consider the following in determining whether a
reduction is warranted and make the following findings in writing:
a. The likelihood that the reduced number of parking spaces can satisfy
demand;
b. The amount of time during the year when the number of spaces provided
may be insufficient and the amount of resulting parking overflow;
c. The impact of periodic overflows upon the public streets and other parking
facilities;
d. The nature of surrounding land uses, character of surrounding road system,
and nearby circulation pattern.

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8.5.7. Service and Loading Areas
a. Service areas and any new parking shall be located in the rear. Screened
from view and not visible from adjacent sidewalks, and public roads.
Service areas, truck delivery, loading and waste collection routes shall be
located at the rear. Service areas are encouraged to be shared with
adjacent uses and properties, these aspects shall be considered during site
plan evaluation.
8.5.8. Terraced Parking Bays
a. When slopes over five percent exist, parking bays shall be terraced and
landscaped between changes in level. The landscaping shall be:
1. Equal to one three-gallon evergreen shrub for every three linear feet of
the width of the adjacent parking bay.
2. Equal to one three-gallon evergreen shrub for every three linear feet of
the width of the adjacent parking bay.
3. Planted in an area of minimum five feet in depth.
8.6.

Pedestrian Access
In parking areas with more than 40 spaces, an on-site circulation system for pedestrian
and non-motorized travel must be provided in accordance with the following
requirements.
8.6.1. Connection to the Street
The on-site pedestrian circulation system shall connect all adjacent public rightsof-way, adjacent sidewalks, multi-use paths, public spaces to any main building
entrance. The connection must follow a direct route and not involve significant
out-of-direction travel for system users.
8.6.2. Connection to Abutting Properties
The on-site pedestrian circulation system must provide connection to existing
paths and sidewalks on abutting properties or to the likely location of future
paths or sidewalks on those properties. When the Zoning Administrator
determines that no paths or sidewalks exist on a neighboring property or it is
not possible to determine the likely location of future path or sidewalk
connections or extending a connection would create a safety hazard on either
property, no such connection is required.
8.6.3. Internal Connections
The on-site pedestrian circulation system must connect all buildings on the site
and provide connections to other areas of the site likely to be used by
pedestrians and non-motorized travel, such as parking areas, bicycle parking,
recreational areas, common outdoor areas, plazas, and similar amenity features.
The Planning Commission may require additional pedestrian pathways within
the parking area.

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8.6.4. Design
Required on-site pedestrian circulation facilities must be designed and
constructed in accordance with the following requirements:
a. The on-site pedestrian circulation system must be paved and be at least five
feet in width.
b. An appropriately sized planting strip, dependent on proposed tree species,
shall be provided on both sides of the pedestrian circulation system to
accommodate the planting of canopy or understory trees for the purpose of
providing shade. One canopy tree shall be planted every 40’ or one
understory tree every 20’, or combination thereof.
c. When the on-site pedestrian circulation system crosses driveways, parking
areas or loading areas, it must be clearly differentiated through the use of
elevation changes, a different paving material, or other equally effective
methods. Striping does not meet this requirement.
d. When the on-site pedestrian circulation system is parallel and adjacent to a
motor vehicle travel lane, it must be a raised path at least six inches above
the vehicle travel lane surface or be separated from the vehicle travel lane
by a raised curb, bollards, landscaping or another physical barrier. If a raised
path is used, the ends of the raised portions must be equipped with
accessible curb ramps.
e. The on-site pedestrian circulation system must be illuminated to ensure that
it can be used safely at night by employees, residents, and customers.
Lighting shall meet the requirements of Section 8.8.
8.6.5. Parking Lot Connections
Applicability: Adjoining parking lots serving non-residential and multifamily uses
shall be interconnected when feasible according to the following requirements:
a. At least one connection shall be provided at all common lot lines that share
a boundary of at least 60 feet.
b. Where feasible, the connection shall align with any previously established
connection on an adjacent property.
c. An easement for ingress and egress to adjacent lots through the
connection(s) shall be recorded in the form of an easement and
documentation submitted to Town Staff.
d. In the event these conditions cannot be met without undue hardship, the
Zoning Administrator may waive or adjust the connection requirements as
appropriate.
8.7.

Lighting
8.7.1. Applicability: All parking lots serving non-residential and multifamily uses shall
be required to adhere to the following standards. Additionally, all newly
installed lighting fixtures shall adhere to the following standards, unless
installed by a state or federal agency.

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8.7.2. Standards and Design Requirements
a. Height: Lighting standards in parking lots shall not exceed a maximum of 25
feet in height.
b. Shielding: Lighting shall have a cutoff angle of 90° or less (full cutoff) and be
shielded from the sky and adjacent properties and structures through
shielding.
c. Light trespassing: The maximum light trespass at the property line shall be
0.5 foot-candle.
d. Design: The design of site lighting structures and fixtures shall be evaluated
by the Administrator, or Planning Commission when applicable. All lighting
fixtures that are affixed to a building shall be approved by the applicable
design review authority.

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9.

Signs
9.1.

Article 9 – Signs
Purpose and Intent
The purpose of the regulations, here in, is to establish requirements for the placement,
installation, and maintenance of business and/or advertising signage, and to aid in the
preservation, protection, health, welfare, safety, and general well-being of the
Community and its Citizens.
This Ordinance will promote, authorize and enforce the use of on-premises signage
which are, but not limited to:
•
•
•
•
•
•
•

Compatible with their surroundings;
Materials and colors used in the sign assembly shall be the same as or similar to
those used at the principal building for a cohesive design.
Appropriate for the type of activity to which they pertain;
Tastefully expressive of the identity of the owner, occupant, and/or individual
proprietors or of the community as a whole;
Designed to convey a desired message and/or image regarding the Owner,
Occupant, or individual proprietor of a specific property, while protecting the
aesthetic and attractive qualities of the community;
Minimize interference, obstruction, distraction, and/or unsafe conditions to the
motoring public; and,
Conserve the value of the subject property and encourage the most appropriate use
of land throughout the municipality.

9.2.

Applicability
Except as otherwise noted, the regulations of this article shall apply to all zoning
districts, and a sign permit shall be required for the erection, placement, alteration, or
reconstruction of any sign.

9.3.

General Provisions
9.3.1. Placement
Signs shall not be posted, placed, or erected within any public rights-of-way or
on any fixed or immovable object, such as, trees, utility poles, traffic signs, and
street signs, except as permitted within this article or where encroachments
have been specifically permitted by the authority having jurisdiction.
9.3.2. Construction
Signs shall be permanently attached or affixed to the ground, building, or other
structure by direct attachment to a rigid wall, frame, or supporting structure.
Portable and/or temporary signs.
9.3.3. Materials
Sign structures shall be constructed of durable, weather-resistant materials such
as treated lumber , concrete, metal, brick, or other similar substitute or

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composite materials as determined by the Administrator. If treated wood is
used it shall have the appropriate wood finish applied to extend the longevity of
the material. Unfinished wood, cardboard, polystyrene foam, and similar
materials are not permitted.
9.3.4. Design
The design, color, location, and illumination of signage shall be compatible and
complimentary of the overall design of the development and surrounding
parcels.
9.3.5. Sign Illumination
a. Internal Illumination: The background of internally illuminated cabinet signs
shall be completely opaque. This provision does not apply to internally
illuminated channel letters. Internally illuminated signs shall be fully
encapsulated and shall not allow the light intensity or brightness of the sign
to interfere with the safe vision of motorists or bicyclists. LED lighting that
is greater than 5001 degrees Kelvin is prohibited within the Town.
b. Shielding: Unless otherwise expressly prohibited, signs may be externally
illuminated provided that lighting used illuminates the surface area of the
sign only, and is shaded, shielded, or directed so that the light intensity or
brightness does not interfere with the safe vision of motorists or bicyclists.
Around external lighting, landscaping shall be designed to conceal the base
of the light fixture to the extent feasible.
c. Proximity to Residential Districts: No commercial sign within 100 linear feet
of a pre-existing residential structure may be illuminated between the hours
of 10:00 p.m. and 6:00 a.m. A residence shall be deemed "pre-existing" for
purposes of this Section if it has a valid building permit in effect for
construction of said structure or if construction of said structure was
complete on or prior to the effective date of this provision. This does not
included residences in mixed use buildings in the Town Center, Village
Commercial, nor does it include multi-family buildings.
9.3.6. Computation of Sign Area
The area of a sign shall be the area of the sign face formed by a perimeter
consisting of a series of straight lines enclosing all parts of the sign. Signs that
are composed of individual symbols, letters, figures, illustrations, message,
forms, or panels, the sign area shall be considered to include all lettering,
wording, and accompanying designs and symbols. Sign area shall also include
any background material, panel, trim, color, and direct or self-illumination used
that differentiates the sign from the building, structure, backdrop surface, or
object upon which or against which it is placed. The sign structure shall not be
included as a portion of the sign face, provided that no message, symbol, or any

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of the aforementioned sign face criteria are displayed on, or designed as part of,
the sign structure.
9.3.7. Computation of Sign Height
Height shall be determined and measured from the edge of the adjoining
sidewalk, street, or the natural grade to the highest point on the sign. If the
natural grade is at 2’ or higher than the adjoining street or sidewalk, then the
sign height shall be measured from the sidewalk or adjoining street.

9.3.8. Maintenance Requirements
All signs and all components thereof, including supports, braces, anchors, etc.,
shall be kept in a good state of repair, in compliance with all building and
electrical codes, and in conformance with the requirements of these sign
regulations. Any sign, including temporary signs or exempt signs, which is
determined by the Zoning Administrator as being insecure, in danger of falling
or otherwise endangering the public safety shall be immediately removed by its
owner unless it is repaired and made to otherwise comply with the
requirements of these sign regulations.
9.3.9. District Classifications
a. Rural: Rural Agricultural (RA), Rural Residential (RR),
b. Where this sections references “residential” uses or districts, it shall mean
the following: Suburban Family Residential (SFR1), Suburban Family
Residential (SFR2), Suburban Family Residential (SFR3), Town Residential 1
(TR1), and Town Residential 2 (TR2).
c. Where this sections references “commercial” uses or districts, it shall mean
the following: Village Commercial (VC), Town Center (TC), Public and
Institutional (PI), Corridor Commercial (CC), Interstate Commercial (IC), and
Office Commercial (OC).
d. Light Industrial (LI).
9.3.10. Number of Signs Allowed
Unless otherwise regulated, each parcel is allowed one (1) free-standing sign,
and one of each attached sign.
9.4.

Freestanding Signs
9.4.1. Applicability
9.4.2. The following chart applies to all types of development as stated except for
individual single-family or 2-3 unit building lots, or subdivisions containing fewer
than 30 units.

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Sign Type

Zoning
District
VC, CC,
IC, OC,
PI, OP,
and TR3

Max
Area
32
sq.
ft.

Max
Height
8 ft.

LI

48
sq.
ft.

8 ft.

Min
Additional Requirements/Description
Height
3 ft.
A sign that is mounted on a foundation
and accompanied by landscaping.
1. Maximum number: 1 per street
frontage. A second is allowed if
spaced more than 300 linear feet
away and reduced by 50%.
2. Landscaping, not including grass,
shall be required for all monument
signs. Such landscaping shall equal
the total surface area of the sign face.
3. Foundation of monument signs shall
be of stucco coated CMU, brick, or
other similar material.
3 ft.

b. Post and Arm Sign

TC, VC,
CC, IC,
OC, PI,
and TR3

10
sq.
ft.

6 ft.

3 ft.

c. Sandwich Board Signs

TC, VC

6 sq.
ft

4 ft

A portable sign shaped like an A-frame
with a sign panel on one or both sides,
where the sign panel is integral to the
structure of the sign. Shall only be
placed on a sidewalk. Shall not impede
access to pedestrian. Shall not be left
overnight.

d. Easel Sign

TC, VC

6 sq.
ft

4ft

A sign or message board displayed on a
portable, open frame, such as a tripod.
Shall only be placed on a sidewalk.
Shall not impede access to pedestrian.
Shall not be left overnight.

a. Monument Signs

A sign supported by a single post

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e. Pole Mounted Signs

9.5.

IC only

100
sq.
ft.

30’

Shall be located on premise .
Maximum base width of 10’.
Landscaping, not including grass, shall
be required for all pole signs. Such
landscaping shall equal the total
surface area of the sign face.

Attached Signs
9.5.1. Applicability
9.5.2. The following chart applies to all types of developments as stated except for
individual single-family or 2-3 unit building lots, or subdivisions containing fewer
than 30 units

Sign Type
1. Wall

2. Canopy/Awning

Permitted
Location
All
commercial
and TR3

Max Area

Additional Requirements/Description

10% of area of
primary
building frontage of
the first floor.

All
commercial
and TR3

50% of canopy
valance area

A sign mounted parallel to or painted
on a building facade or other vertical
building surface.
a. Maximum Number – 1 per street
frontage. Signs on secondary
frontages may be ½ the size of the
primary sign.
b. No sign or sign structure shall
extend above the roof line.
c. No sign shall project from the
façade more than 18”.
d. Not permitted for residential uses,
other than multi-family buildings
exceeding 10 units
a. Maximum Number:1 per building
frontage or tenant space, per
street frontage
b. Must allow a minimum of 8 feet
clearance above sidewalk
c. Shall not be placed above 2nd
floor window sill or cornice of
building, whichever is higher
d. May encroach over sidewalk area
no closer than 18 inches from
curb
e. Only the valance area of the
awning/canopy may be used as a
message area. The valance shall be
a maximum of 1ft tall with lettering
a maximum of 9 inches tall. The
valance shall be made of the same
material and shall be the same
color as the awning/canopy.

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3. Window/Door

All
commercial
and TR3

25% of transparent
areas of windows or
doors

Applied plastic or vinyl cut letters
are prohibited.
A temporary sign permit is required
for promotional signs posted on the
interior side of the glass; these signs
shall count toward the 25% maximum
window coverage.

4. Projecting/Suspended

All
commercial
and TR3

8 square feet, to
include multiple
tenants within same
building.

1. Maximum Number:1 per building
frontage or tenant space, per
street frontage
2. Must allow a minimum of 8 feet
clearance above sidewalk
3. May project no more than 4 feet
from building face and no closer
than 18 inches from curb
4. Not permitted for residences
with 3 or fewer dwelling units
5. Projecting signs shall not be
higher than the fascia and/or
cornice and shall not extend
above the eave line.
6. For multi-story buildings, sign
brackets shall be mounted no
higher than the sill of the secondfloor window.

*The total area of all attached signs for a business shall be no more than 1.5 times the linear frontage of the building, or in
the case of multi-tenant buildings, than the individual tenant space.

9.6.

Other Signs that Require a Sign Permit
9.6.1. Tenant Directory Signs
a. Applicability: Tenant directory signs listing only the name and address of the
business shall be permitted in multi-building, multi-tenant professional,
office, and/or business centers
b. Maximum Area: 32 square feet in surface area shall be permitted per street
frontage
c. Maximum Height: 8 feet
d. Maximum Number: 1 per lot — lots with more than 1,000 feet of street
frontage and more than one Department of Transportation-approved
driveway or street entrance shall be permitted an additional directory sign
on the condition that such driveways are spaced at least 1,000 feet apart.
e. Location: Tenant directory signs shall be located within the buildable area
and outside of any required buffer. The tenant directory sign must be
located at least 25 feet from any adjacent right-of-way.
9.6.2. Multi-Tenant Free-Standing Signs
a. Applicability: Multi-Tenant signs are required for multi-building
developments with 4or more occupiable spaces, or three (3) or more uses

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b.

c.

d.
e.

that are connected by common walls, except within the Town Center (TC)
district. Multi-tenant signs are encouraged for uses to consolidate signage.
Design: The design, material, color, location, and illumination of signage
shall be compatible with the overall design of the development. Multitenant signs shall follow the same regulations as monument signs with
regard to landscaped areas around the foundation of the sign.
Size: The size of a multi-tenant size shall not exceed 125 sq. ft. If there are
more than 10 occupiable spaces on one parcel, a 125% increase in sign area
is permitted.
Height: The height of such signs shall not exceed 8’.
Number Allowed: Only one multi-tenant sign is allowed per development.
No individual tenant free-standing signs are permitted. A second multitenant sign, equaling 50% of the total size of the first, may be permitted if
the property if the following is true:
1. The individual street frontage is greater than 500 feet.
2. The property is located on a corner or intersection.
3. The second sign shall be composed of the same materials and design as
the first.

9.6.3. Residential Neighborhood Identification Signs
a. Applicability: Residential neighborhoods with 5 or more lots.
b. Number Allowed: One per entrance
c. Max Area: 32 square feet
d. Max Height: 8 feet
e. Design: Shall meet landscaping requirements specified for monument signs
in
9.6.4. On-premise Directional Signs
a. Applicability: A directional sign has a directional message in symbols or
words and may be a private, unofficial traffic signs, designate private
parking, or be place at a site entrance to warn the public against
trespassing. It may also contain the name of a business on the site, and/or
its address.
b. Permitted Location: All commercial or industrial districts
c. Maximum Number: 1 per entrance
d. Maximum Area: 2 square feet
e. Maximum Height: 2.5 Feet; Parking stall signs are allowed to be 5’ in height
f. Off-Premise Signs: Off-premise are not permitted.
9.7.

Temporary Signs
9.7.1. Types of Temporary Signs
a. Promotional and Grand Opening Banners
1. Maximum Number: 1 per tenant

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2. Maximum Area: 30 square feet, with a vertical dimension no greater
than 3 feet.
3. Minimum Height: Must be placed a minimum of 8 feet above sidewalk
grade
4. Location: Attached to building (must be secured along all 4 sides of
banner)
5. Time Period: Maximum of 30 days
6. Additional Requirements: Application for a permit for promotional
banners may be made only 4 times during any calendar year by an
applicant or entity, with no permits being approved consecutively. A
minimum of 30 days shall expire before an application for a permit for a
promotional banner can be accepted.
7. Special Event Signs: Governmental, nonprofit, school, church or civic
club-sponsored signs related to special events shall meet the following
standards:
a. Signs shall be permitted 14 days prior to a function and shall be
removed within 3 days after the function.
b. Signs shall be located on private property
b. Construction Signs:
1. Maximum Number: 1 per street frontage
2. Maximum Area: 32 square feet
3. Maximum Height: 6 feet
4. Location: Minimum of 10 feet from the street right of way.
5. Time Period: The sign permit shall be only valid, as long as the
contractor permit is valid. For residential subdivisions, construction
signs are permitted for a period of 12-months from permit issuance.
a. Real Estate Signs advertising sale or lease of the premises subject to
the following standards:Other signs for the purposes of real estate,
such as for open houses, agent tours or events, grand openings, and
similar, shall abide by the same rules as described in 9.8.8
addressing the use of Temporary signage.
c. Temporary municipal, school, recreational and civic club sponsored signs,
schedule of events, rules and regulations signs. Such signs shall not include
identification signs.
9.7.2. Exempt Signs
a. No sign permit is required within the following section:
1. Government Signs including signs required by any law, order or
governmental regulation.
2. Property Address Signs
3. Private Residence Signs
a. One personal identification sign not exceeding 2 square feet in area

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b. One non-illuminated "For Sale" or "For Rent" sign not exceeding 6
square feet in area.
4. Historical markers, historical monuments or signs as recognized by local,
state, or federal authorities.
5. Signs denoting the location of underground utilities
6. Holiday decorations
7. Signs on interior windows that are not permanently affixed to the glass
and do not exceed 25% of the gross glass area.
8. "Warning", "No Trespassing" and similar informational signs.
9. Any sign inside a building and not intended to be viewed from the
exterior.
10. On residentially zoned lots, one unlighted freestanding sign not more
than three (3) square feet in area and not more than 4 feet in height
from the ground to the top of the sign. The sign may be used to
advertise a home occupation, garage sale, temporary construction or as
a “for sale/rent” sign, etc. The sign shall not advertise any commercial
enterprise not conducted on the same zone lot.
11. Memorial signs, plaques or grave markers which are noncommercial in
nature.
12. Flags, pennants, insignia, or religious symbols of any government, nonprofit or not-for- profit organization when not displayed in connection
with a commercial promotion or as an advertising device.
b. Political Signs
1. Each sign shall not exceed ten (10) square feet in area in residential
districts and thirty-six (36) square feet in commercial and manufacturing
districts;
2. No sign shall be placed in any right-of-way, on any telephone pole or
street sign, trees, or on any public property; and
3. Signs are permitted to be erected within sixty (60) days prior to an
election and must be removed within 7 days after an election.
9.7.3. Prohibited Signs
The following signs are prohibited:
a. Off-premise signs, with the exception of flags of a sovereign nation, and
banners erected by the city, county, or state government.
b. Signs within the public rights-of-way, except those posted by a public
agency
c. In any manner or place that constitutes a hazard to pedestrian or vehicular
traffic
d. In a manner that obstructs free ingress to or egress from a required door,
window, fire escape, or other required exit.

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e. Electric letter signs are signs that change, blink, scroll, rotate, change height
or intensity, or other illuminated signs which change due to electronic
messaging.
f. Off-premise commercial signage affixed to a private residence or dwelling,
or displayed upon the grounds thereof.
g. Attached to or painted onto the following:
1. Trees, rocks or other natural features
2. Fence posts, telephone or utility poles
3. Roofs signs, or attached signs that project above the building height.
h. Moving, Flashing, or Audible Signs
1. Signs that move by any means regardless of whether they contain
written messages.
2. Signs set in motion by movement of the atmosphere or by mechanical,
electrical, or other means, including, but not limited to: flags, adversails,
feathers, pennants, posters, propellers, discs, ribbons, balloons,
streamers, strings of light bulbs, and spinners.
3. Flashing signs or devices displaying intermittent lights or lights of
changing intensity.
4. Signs that emit audible sound or visible matter.
i. Movable or Towed Signs: Signs constructed to be used as a conveyance
upon public streets, and usually parked in public places or private property
primarily for the purpose of public display.
1. Exception: Commercial vehicles, including standard passenger vehicles,
that are fully operable may bear a permanently-adhered commercial
message. They must be parked in a typical parking space and may not
be located on landscaped areas or at angles to the street so as to
increase visibility.
j. Inflatable signs [including inflated balloons having a diameter of greater
than two (2) feet for special events and grand openings, used in conjunction
with a commercial building, project, or enterprise are permitted for a period
not to exceed fourteen (14) consecutive calendar days.
k. Sign Content Limitations
1. Signs copying or imitating official government signs, or that purport to
have official government status
2. Any sign and/or sign structure that obstructs the view of, may be
confused with, or purports to be a governmental or traffic
direction/safety sign.
3. Signs containing statements, words, or pictures of obscene,
pornographic, or immoral character that is not considered protected
speech
l. Impermanent and Unsubstantial Sign Types: Signs that are constructed of
impermanent and unsubstantial materials including but not limited to
inflatable signs, snipe signs, and feather signs/banners.
m. Abandoned or Deteriorated Signs or Businesses:

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1.
2.
3.
4.

Sign structures no longer containing signs.
Signs made structurally sound by unsightly bracing.
Abandoned or dilapidated sign.
Signs referencing businesses which have been out of business for more
than 30 days.
n. Billboards: Billboards are prohibited.
9.8.

Violations
9.8.1. Impoundment of Signs
a. If any sign requiring a permit or temporary permit is erected without a
permit, or if any sign is erected in violation of these regulations, the Zoning
Administrator shall have the authority to give the owner thereof written
notice of such violation. The notice shall include a brief statement of the
particulars in which the violation is to be remedied. If the sign has been
permitted, notice to the person receiving the permit shall be sufficient. If
the sign owner cannot be found, the duty to perform corrections or removal
of the sign will be upon the property owner on whose property the sign is
located.
b. If within ten (10) days the owner of the sign fails to contact the Zoning
Administrator, bring the sign into conformance with these regulations, and
obtain a sign permit, the Building Official shall have the authority to have
the sign removed and impounded without further notice and the cost of
removal shall constitute a lien against the property on which the sign is
located. The Town shall not be liable for any damage to the sign or property
as a result of such removal.
c. The Zoning Administrator shall have the authority to remove and impound,
without notice to the owners thereof, any signs placed within any street
right-of-way, signs attached to trees, rocks or other natural features, and
signs attached to telephone and utility poles.
d. If the impounded sign is not claimed within 30 days, then the administrator
shall have authority to dispose of such sign.

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Article 10 – Development Review Procedures
10.

Development Review Procedures
10.1. Purpose and General Standards
The purpose of the Development Review Procedures Article is to provide a clear,
transparent, and comprehensive development process that is fair and equitable to all
interested Parties, effected neighbors, Town Officials, related Agencies, and Town
Council. This Article will establish an orderly process for the responsible growth,
development, revitalization, and expansion of property, lands, and areas within
jurisdictional control of the Town of Chapin.
10.1.1. Applicability
The provisions of this Article shall be applicable to all development activities
under the jurisdiction of the Town of Chapin.
10.1.2. Conformity with Ordinance
The Zoning Administrator shall not issue a Permit or License for any Occupant
Use, Structure, or Intended Purpose that conflicts with any provision of this
Ordinance. Any Permit, License or Certificate of Occupancy issued found to be in
conflict with the provisions of this Ordinance, whether intentionally or
unintentionally, shall be null and void.
10.1.3. Public Notice
In accordance with all applicable State of South Carolina Laws, all applications
requiring a Public Hearing before the Planning Commission (PC), Board of Zoning
Appeals (BZA), Architectural Review Board (ARB), and/ or Town Council, shall
adhere to the following requirements:
a. Advertised Notice: All meetings of the Planning Commission (PC), Board of
Zoning Appeals (BZA), and Architectural Review Board (ARB) shall be
published in a newspaper of general circulation within the Town and/or
public notice medium and shall be posted on, or adjacent to, the property
affected, with at least one (1) notice visible from each public street abutting
or adjoining the property fifteen (15)-calendar days prior to the Public
Hearing. Posted notice(s) shall contain the property address, parcel
number, type of application, and contact phone number.
b. Posted Notice: Agendas for regularly scheduled meetings must be
conspicuously posted on a bulletin board in a publicly accessible place at the
office or meeting place of the public body and on a public website
maintained by the governing body and/or Town at least 24 hours prior to
said meetings.
c. Property Posting: Notice of Application signage shall be posted on subject
property in a clearly visible/ conspicuous location that can be viewed from
each street adjacent to the subject property. Signage will be posted by the
Zoning Administrator and/ or Town Staff.

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10.2.

10.1.4. Written Notice of Decisions
Written copies of all final judgments and/or determinations made by any Board
and/or Zoning Administrator shall be mailed via United State Postal Service to
the Applicant or Appellant within ten (10)-calendar days following the date a
judgment and/or determination was rendered. Copies of all judgments and/or
determinations shall be filed within Town Offices and available for public
viewing during normal business hours.
10.1.5. Time Limits for Resubmission of Application
If an application is denied or disapproved as a result of this/ an Ordinance for
any reason, an application for similar and/or identical requests shall not be
refiled for a period of one (1) calendar year from the advertised Public Hearing
date. Upon petition by the Applicant or Appellant, the Zoning Administrator
may permit a refiling of an application no sooner than six (6) months from the
original Public Hearing date. Where Public Hearings are not required,
applications shall not be refiled for a period of one (1) calendar year from the
date of the Notice of Denial.
Application Procedures
10.2.1. Pre-Application Conference
A mandatory pre-application conference with the Zoning Administrator shall be
conducted prior to the filing of any application requiring Public Hearings. An
optional pre-application meeting with the Zoning Administrator for all other
applications is not required; however, is highly recommended.
10.2.2. Application Forms and Fees
Prior to application processing , an application provided by the Town must be
completed and accompanied with all required fees, payable to the “Town of
Chapin”, and accompanied by any required documentation, information, and/or
plans. An application may be considered incomplete by the Administrator if any
of the above have not been provided. The Administrator may not process any
applications that are incomplete. Fees for applications are set by the Town
Council and are subject to change by resolution adopted by Town Council.
10.2.3. Application Deadline
All applications shall be completed and submitted to the Zoning Administrator in
accordance with schedules as determined by the Town.

10.3.

Application Requirements
The following general standards for various applications are intended to require only
that data/information that is necessary to render an informed decision by the reviewing
agency.
10.3.1. Application Elements
a. Site Analysis: A site analysis is intended to identify the existing conditions of
the property in the form of a survey prepared by a licensed South Carolina
surveyor. Depending on the application and determination of the
Administrator, a site analysis may include the following, tree survey to

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b.

c.

d.

e.

f.

include the species and diameter at breast height (DBH) of existing trees
and their location, vegetative boundaries, clear and open areas, topography,
existing watercourses, floodplains, federal or state recognized endangered
species habitats, and areas of historic, cultural, or archeological significance.
This requirement provides the Town and the applicant the ability to
evaluate the proposed development in order to preserve existing resources
and to improve the appearance of the development proposed. It is the
expectation that readily available spatial data, including GIS information,
will be sufficient for this survey.
Sketch Plan: The sketch plan shall show in simple line drawing (at a scale of
not less than one-inch equals one mile) form the proposed layout of streets,
lots, buildings, civic spaces, tree coverage, and other features in relation to
existing conditions, based upon the size of the tract proposed for
development.
Site Plan (syn. Preliminary Plat): The site plan is intended to provide a
detailed two dimensional drawing that illustrates all of the required site
features, including buildings*, parking areas*, street locations, street
sections, rights-of-way, property lines and setbacks, required or proposed
Critical Area buffers, trees proposed to remain and to be removed and tree
protection zones, site landscaping and lighting* (in conceptual form), and all
related development calculations (e.g., density, proposed building areas,
number of parking spaces, estimated impervious surface, proposed tree
coverage, percentage of open space, and Traffic Impact Study) in sufficient
detail to show compliance with this Ordinance. *When a Site Plan is being
used as a Preliminary Plat for a Subdivision, these elements are not required
to be shown.
Construction Documents: The construction documents for development
design review and subdivision plans shall constitute a full and complete set
of engineered drawings necessary for final permitting and horizontal and
vertical construction. This includes detailed landscaping plans, lighting plans,
road specifications, cross-section of street pavements, grading and drainage
plans, utility plans, and stormwater calculations. Review of these
documents shall be conducted by the authorized entity and agent having
jurisdiction.
Final Plat: The final plat shall be prepared by a registered land surveyor
licensed to practice in the State of South Carolina, and shall meet the
requirements of the Beaufort County Register of Deeds Office. The Final Plat
shall constitute an accurate survey of the entire phase as shown on the
approved site plan and shall include all the relevant notes and certifications.
As-Built Drawings: The as-built drawings shall show the final installed
conditions and specifications for all public infrastructure. The designer of
the infrastructure shall certify, under seal, that the installed infrastructure is
in compliance with the approved plans and designs and with the

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requirements of this Ordinance and receives approval from other agencies
having jurisdiction.
g. Building Elevations For Design Review: For certain applications, it may be
necessary to submit scaled drawings of each elevation visible from a public
street, civic space, property lines, cardinal directions, or any orientation of
the building(s). These drawings shall be in color and shall accurately
represent the building heights, floor levels, and building materials, and shall
include written identification of building materials and colors. In addition,
the Administrator may require a physical model, material boards, and/or up
to three drawings from different perspectives that show how the building
fits into the context of the block.
10.4.

Zoning Permit
10.4.1. Applicability
a. No building, sign and/or structure shall be erected, moved, relocated,
enlarged, altered or demolished in the jurisdiction of the Town of Chapin
without a zoning permit issued by the Administrator. No occupation of an
existing structure by a new user and/or change in use type (regardless of
use) is permitted without a zoning permit issued by the Administrator. No
permit shall be issued by the Zoning Administrator except for a use which is
in conformity with the provision of this Ordinance or for a use authorized by
order of the Board of Zoning Appeals.
b. Tree Removal
c. Home Occupations
d. Converting a residential building to a non-residential use
e. Approval of permitted temporary uses
f. New Construction, additions, alterations, and
Application
modifications to existing buildings and sites,
Submittal
with applicable approvals from all authorities
having jurisdiction.
g. Expansion of use
Completeness
h. Verification of an existing or proposed use
Review
i. Compliance inquiries regarding existing
properties and ongoing or completed projects.
10.4.2. Process and Approval
Compliance
a. Process Type: Administrative
Review
b. Pre-Application Procedure: Encouraged
c. Required Application Information: Property and
Administrator
applicant address, zoning information, property
Final Action
authorization, survey, scope of project, and
other documents required by the administrator.
d. Public Notification: None
Appeal to BZA
e. Appeals: Appeals of zoning permit applications
(if necessary)
denied by the Administrator shall be submitted

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to the Board of Zoning Appeals within 30 days of the decision (Section
10.13)
f. Permit Validity: Upon the approval of the zoning permit, the applicant shall
have 6 months act on the approval. If no action is taken, the permit
becomes null and void, and the applicant shall resubmit.
g. Permit Extension: The Administrator may grant a single extension of up to 6
months upon submittal by the applicant of sufficient justification for the
extension.
10.5.

Architectural Review, Minor
10.5.1. Applicability: A Certificate of Appropriateness (Minor) from the Administrator
shall be required for the following construction
Pre-Application
activities:
Meeting/Application
a. Repairs, replacements, or renovations of
Submittal
existing buildings, as long as there is no
change in exterior materials or does not
involve modification of architectural
features.
Compliance Review and
b. Expansions of existing buildings of less than
Report. (Modifications
20 percent of the building’s gross floor area
and Re-submission if
c. New construction of non-residential
necessary)
accessory uses, except for those provided
in this Section (10.5.1.).
d. Demolitions of any structure
Administrator Final
e. New construction of fences or walls for
Action (Proceed to
non-residential or multi-family uses
Project Permit)
f. Any color change to the exterior of a
building within the Architectural Overlay
Districts. (See Appendix III for Approved
Colors)
Appeal to Architectural
g. Any application that the Administrator
Review Board (if
deems significant, requiring approval by the
necessary)
Architectural Review Board
10.5.2. Process and Approval
a. Pre-Application Procedure: Encouraged
b. Required Information: Site Analysis, Site Plan, and Building Elevations for
Design Review (See Section 10.3.1) – these may be waived by Administrator
as appropriate.
c. Public Notification: None
d. Issuance of COA: After the Administrator has determined that the
application conforms with the Ordinance, a Minor Certificate of
Appropriateness will be issued to the applicant.

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e. Appeals: Appeals of the Administrator shall be heard by the Architectural
Review Board. Application for appeal shall be made within 30 days of the
decision.
f. Permit Validity: Upon the approval of the Minor Certificate of
Appropriateness application, the applicant shall have 2 years to obtain a
Project Permit. Failure to secure Project Permits for the permitted work
within this time shall render the compliance void. Any change to the
approved plans that has not been authorized by the Administrator shall
invalidate the Minor Certificate of Appropriateness and any subsequent
Project Permits.
g. Permit Extension: The Administrator may grant up to one (1), one-year
extensions of this time period upon submittal
by the applicant of sufficient justification for
Pre-Application Meeting
the extension. Extensions shall be submitted
at least 45 days prior to the expiration date
of the vested rights period in Section 10.15.
10.6.

Application Submittal
Architectural Review (Major)
and Completness
Review
10.6.1. Applicability: In the areas designated as overlays
districts, a Certificate of Appropriateness issued
by the Architectural Review Board, (Section 6.2.1
Public Notification,
– Overlay District Map) shall review the following
Report
to ARB, and
applicable development:
Public Hearing
a. Any new construction of a nonresidential,
mixed-use, three-family, or multi-family
building or any structure exceeding 10,000
ARB Review and
Decision. Mofications
sq.ft. in gross floor area within the overlay
and resubmittal as
districts established in Article 6.
necessary
b. Any modification, addition, or demolition to
a building on the National Register of Historic
Places.
Appeal - Circuit Court
c. Any new construction, or conversion of an
(if necessary)
existing building, to a drive-thru
establishment.
d. Expansion of non-residential or multi-family buildings by 20 percent or more
of the building’s area or floor space. Except in the Light Industrial District
(LI).
e. Any modifications to the building exterior of a non-residential or multifamily building.
f. Any new or converted multi-family residential building
g. Any single-family or two-family residential building models to be used in a
proposed major subdivision (Section 10.9).

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h. Variances to the design requirements within Article 6 shall be reviewed by
the ARB for a recommendation first, prior to variance review by the BZA as
detailed in Section 10.12.
i. Any application not specifically described as “minor” by Section 10.6.1.
10.6.2. Process Type: Public Hearing
10.6.3. Pre-Application Procedure: Every applicant for a Major Architectural Review is
required to meet with the Administrator prior to the submittal of an application.
The purpose of this meeting is to provide clarification and assistance in the
preparation and submission of plat for approval. It is recommended that the
applicant provide a Sketch Plan (Section 10.3.1.b) to the Administrator prior to
or at the pre-application conference. The provision of a sketch plan will allow
the Administrator an opportunity to review the proposal before the applicant
expends funds on the preparation of a detailed Site Plan.
10.6.4. Required Application Information: Site Analysis, Sketch Plan, Site Plan,
Construction Documents, As-Built Drawings, Building Elevations for Design
Review. A digital copy in a Portable Document Format (PDF) of the plat are
required upon submission, the administrator may also request for physical
copies for the purposes of distribution to the applicable review entity. The
Administrator may also require the submittal of a letter from a licensed traffic
engineer certifying that the proposed subdivision complies with SCDOT, County,
and Local (Section 5.6) regulations regarding a Traffic Impact Study (TIS).
10.6.5. Determination of Completeness: The Administrator shall review the application
to ensure that it is complete, prepare a report and recommendation on the
application, and schedule the matter for a public review before the
Architectural Review Board.
10.6.6. Public Notification: Public notice of all hearings shall be published in a
newspaper of general circulation within the Town and shall be posted on, or
adjacent to, the property affected, with at least one notice visible from each
public street abutting the property fifteen (15) days prior to the public hearing.
10.6.7. Public Meeting: The Architectural Review Board shall hold a public meeting on
the proposal. The applicant and other property owners likely to be materially
affected by the application shall be given an opportunity to be heard.
10.6.8. Decisions/Findings of Fact: Following the public meeting, the Architectural
Review Board may approve, deny, or approve with conditions the application
for a Certificate of Appropriateness. No Certificate of Appropriateness shall be
issued unless the following findings of fact can be made:

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a. The plan and design of the proposed is consistent with the adopted plans
and policies of the Town, and complies with all applicable requirements of
the Article 6 within this Ordinance.
b. Scale, location, form, line, color, texture and other design elements of
building structures, and signs shall be in harmony with the character of the
district;
c. Proposed development which adversely impacts surrounding property
values by reason of factors subject to architectural review shall not be
approved.
10.6.9. Time Frame for Review: Major Architectural Review applications shall be acted
upon within 60 calendar days after filing; otherwise, the application shall be
deemed approved, and a permit shall be issued. An extension of time may be
granted by mutual consent of the Architectural Review Board and the
applicant. At the time of approval, the applicant shall be directed to prepare
detailed Construction Documents compliant with the terms of approval and
submitted to the agency having the authority to issue the applicable permits.
Issuance of a COA: After the ARB has determined that the application makes
the findings in compliance with Section 10.6.8 above, they will grant an
approval of the application, with or without conditions, and direct the
Administrator to issue a Major Certificate of Appropriateness.
10.6.10. Appeals: Any party aggrieved by the decisions of the Architectural Review
Board may appeal to the Circuit Court of Lexington County within 30 days of
the decision.
10.6.11. Permit Validity: Upon the approval of the Major Architectural Review
application, the applicant shall have 2 years to obtain a construction permit
from the agency having authority and jurisdiction. Failure to secure a permit
for the permitted work within this time shall render the compliance void. Any
change to the approved plans that has not been authorized by the
Administrator shall invalidate the design approval, and any subsequent
building permits.
10.6.12. Permit Extension: The ARB may grant up to one (1), one-year extensions of this
time period upon submittal by the applicant of sufficient justification for the
extension. Extensions shall be submitted at least 45 days prior to the expiration
date.
10.7.

Subdivision Review
10.7.1. Applicable to all subdivisions: All development that involves the subdivision of
one or more parcels shall be subject to the subdivision approval requirements of
this Article, with the following exceptions:
a. The division of land into parcels of 5 acres or more where no new street is
necessitated and/or created.

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b. Subdivision of land into parcels having existing access of less than 5,000
square feet in area when they are exclusively for the provision of local
utilities such as pump stations.
c. The combination or recombination of entire lots of record where no new
street or change to existing streets is involved.
d. Combination or recombination of portions of previously platted lots where
the total number of lots is not increased and the resultant lots are equal to
the ordinance standards.
10.7.2. Land Development Standards: See Article 5 for
Application
Submittal
applicability of land development standards.
10.7.3. Unlawful to Record Plat without Town Approval: It
shall be unlawful to offer and cause to be recorded
any plan, plat, or replat of land within the jurisdictional
Completeness and
authority of the Town of Chapin with the appropriate
Compliance
County Register of Deeds office having jurisdiction,
Review by Staff
unless the same bears the endorsement and approval
of the Town.
10.7.4. Appeals
Administrator:
a. Subdivision Plat decisions made by the Planning
Final Decision
Commission (PC) may be appealed to the circuit
court within 30 days of the decision.
b. Subdivision Plat decisions made by the
Appeal to Planning
Administrator may be appealed to the PC within
Commission
30 days of the decision. The PC shall review the
(if necessary)
Subdivision Plat within 60 days and shall have all
of the same authority as the Administrator in such review. The decision of
the PC shall be final.
10.7.5. Permit Validity: After approval of the subdivision, the applicant shall record the
approved final plat with at the Lexington County Register of Deeds Office prior
to the expiration of the vested rights period (Section 10.15)
10.7.6. Subdivision in Phases: Whenever part of a tract is proposed for platting, and it is
intended to subdivide additional parts in the future, or abutting land is in the
same ownership, a sketch plan for the entire tract shall be submitted with the
plat
10.8.

Minor Subdivision
10.8.1. Applicability: The Minor Subdivision review process is allowed for those
divisions of land that:
a. Combine or recombine portions of previously platted lots where the total
number of lots is not increased and the resultant lots are equal to the
standards of this code. A nonconforming lot may be included in a lot
recombination if the resultant lot becomes closer to conformity.
b. Subdivide parcels less than 5 acres in size.

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c. Create no new streets nor require
the extension or new installation of
public utilities.
d. Does not involve any other
conditions that require any additional
approval(s) from any Town board or
commission, as determined by the
Administrator.
e. Subdivisions of four or less lots, unless it
requires the creation of a new street to
establish access, and is not part of a phased
development.
f. Subdivisions affecting property that have
been created within the last calendar year
from the date the original date record.
10.8.2. Process Type: Administrative
10.8.3. Required Application Information: A preliminary
plat as described in Section 10.3.1.C. A digital
copy in a Portable Document Format (PDF) of the
plat are required upon submission, the
administrator may also request for physical
copies for the purposes of distribution to the
applicable review entity. The Administrator may
also require the submittal of a letter from a
licensed traffic engineer certifying that the
proposed subdivision complies with SCDOT,
County, and Local (Section 5.6) regulations
regarding a Traffic Impact Study (TIS).
10.9.

Major Subdivision
10.9.1. Applicability: Any division of land that does not
meet all of the requirements for Minor
Subdivision (Section 10.7.2.a). The following
types of development, include but are not limited
to, require Major Subdivision Approval:
a. Commercial subdivisions requiring new
streets, infrastructure, and other
development applications referenced in
Section 5.2.1.
b. Conservation Subdivision
c. Manufactured Home Park
d. Planned Developments
e. Commercial or Industrial Subdivisions

Pre-application Conference

Sketch Plan Application
Submittal

Completeness and Compliance
Review by staff and outside
agencies

Approval of Sketch Plan by
Administrator

Preliminary Plat to Planning
Commission with construction
documents

Staff Report and Review by
Planning Commission

Approval of Preliminary Plat by
Planning Commission and
outside agencies

Submittal of Final Plat with asbuilt drawings

Approval of Final Plat by
Administrator

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f.

All subdivision applications may be elevated to review by the Planning Commission
as determined by the Administrator.
g. Not listed as “Minor” in Section 10.8.1 or otherwise reference as needing Major
Subdivision Approval within this Ordinance.
10.9.2. Process Type: Administrative for Sketch Plan approval, followed by review by the
Planning Commission for preliminary plat approval
10.9.3. Public Notification: None
10.9.4. Sketch Plan Review
a. Procedure: The subdivider shall submit to the Administrator, a completed
application, a digital copy in a Portable Document Format (PDF) of the plat
are required upon submission, the administrator may also request for
physical copies for the purposes of distribution to the applicable review
entity.
b. Review By Staff: The Administrator shall review the submitted sketch plan
to determine conformance with this Ordinance. The Administrator may also
require the submittal of a letter from a licensed traffic engineer certifying
that the proposed subdivision complies with SCDOT, County, and Local
(Section 5.6) regulations regarding a Traffic Impact Study (TIS).
c. Approval of Sketch Plan: After reviewing the Sketch Plan, the Administrator
will advise the applicant within thirty (30) days after application that the
Sketch Plan is approved, disapproved, or approved with certain
modifications. If approved, said approval shall constitute authorization to
prepare and submit a Preliminary Plat. Approval does not authorize the
developer to begin the proposed construction or improvements. If the
Administrator fails to act on the Sketch Plan within thirty (30) days after
application, the Sketch Plan shall be deemed approved and a certificate, to
that effect, shall be issued by the Planning Commission upon demand;
provided, however, that the subdivider may waive this requirement and
consent in writing to extension of such period.
10.9.5. Preliminary Plat
a. Procedure: Upon approval of the Sketch Plan (Section 10.7.3.D), the
subdivider shall submit to the Administrator one (1) physical copy and a
digital copy in a Portable Document Format (PDF) of the plat are required
for the preliminary plat along with an application available at the office of
the Zoning Administrator. The Administrator may also require the submittal
of a letter from a licensed traffic engineer certifying that the proposed
subdivision complies with SCDOT, County, and Local (Section 5.6)
regulations regarding a Traffic Impact Study (TIS). Additional physical copies
of the plat or any supplemental information may be requested.
b. Review by Outside Agencies: Upon determination by the Administrator that
the Preliminary Plat and construction documents conforms with the
approved Sketch Plan, the Administrator shall submit an appropriate

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number of copies of the preliminary plat and construction documents to
applicable outside agencies for review and approval:
1. Director of Engineering and Planning
2. Director of Utilities
3. Director of Parks, Streets, and Sanitation
4. Appropriate soil & erosion control agency
5. South Carolina Department of Health & Environmental Control
6. Central Midlands Council of Governments
c. Review by Planning Commission: The PC shall approve, approve with
conditions, or disapprove the preliminary plat within sixty (60) days after
the Administrator’s approval of the Sketch Plan. Unless this time limit is
extended by mutual agreement, failing to act within the time limit
constitutes approval of the preliminary plat. If a proposed Site Plan
(preliminary plat) is determined by the PC to be in conformance with the
sketch plan and all applicable provisions of this Ordinance, the PC shall
approve the Site Plan, and shall advise the applicant in writing of:
1. The conditions of such approval, if any;
2. Approval of Preliminary Plat by the Town; and
3. The date on which the PC granted approval.
10.9.6. Final Plat
a. Procedure: Following the approval of the Preliminary Plat and completion
of all required improvements, if the improvements are not going to be
bonded, the applicant shall file with the Administrator as application for
final approval of a subdivision plat. If improvements are going to be
bonded, the requirements of Section 5.3.3 shall be met prior to the issuance
of a final plat.
b. Application Requirements: Submittal of forms available at the Office of the
Administrator and be accompanied two (2) physical copies and a digital
copy in a Portable Document Format (PDF) of the Final Plat with all
applicable documentation. The Final Plat shall contain as-built drawings
compliant with Section 10.3.1.6. The final plat shall be compliant with the
Preliminary Plat.
c. Review by Staff: Upon determination by the Administrator that the Final
Plat is in conformity with the Preliminary Plat as approved, the
Administrator shall submit an appropriate number of copies of the Final Plat
and As-Built Drawings to the same agencies and Town departments which
reviewed and approved the Preliminary Plat (Section 10.9.5.2). A report
from applicable agencies, as determined by the Zoning Administrator and
applicable laws, approving the as-built drawings shall be required prior to
approval.
d. Compliance with Ordinance: Land development standards (Article 5)
including performance bonds if required, in a form satisfactory to the local
government attorney and in an amount established by the Planning

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Commission upon recommendation of the Administrator. The bond shall
include a provision that the principal of the bond shall comply with all the
terms of the resolution of Final Plat approval as determined by the Planning
Commission and shall include, but not be limited to, the performance of all
required subdivision and off-site improvements, and that all improvements
and land included in the irrevocable offer of dedication shall be dedicated to
the local government free and clear of all liens and encumbrances on the
premises.
e. Review by Planning Commission: If the Administrator determines that the
approved preliminary plat has been altered such as a change of density, lots,
street configuration, or other significant change, the Planning Commission
shall review and act on a Final Plat within sixty (60) calendar days after the
submittal of the Final Plat, unless otherwise agreed upon by the
Administrator and the applicant. No plat shall
be acted upon by the Planning Commission
Application Submittal
without affording a hearing thereon, notice of
time and place of which shall be sent by
registered or certified mail to the address
provided by the applicant not less than five (5)
days before the time of the hearing.
Completeness and
Compliance
Review
f. Approval: Upon approval of the Final Plat by
the Administrator, a statement will be placed
on the Final Plat by the Administrator and two
(2) copies of the plat returned to the subdivider
Administrator or
stating that the subdivision plat as shown has
Planning Commission
Final Action
complied with the requirements of the Town,
and have been approved for recording in the
Officer of the Registrar of Deeds in Lexington
County.
Appeal to BZA
g. Changes to Final Plat: If it should become
(if necessary)
necessary to revise a final plat due to a
dimensional error, a revised plat shall be submitted to the Administrator
prior to final recording to determine if the revision requires Planning
Commission review.
10.10. Administrative Adjustment
10.10.1. Purpose: Administrative Adjustments are specified deviations from otherwise
applicable development standards where development is proposed that would
be:
a. Compatible with surrounding land uses;
b. Harmonious with the public interest; and
c. Consistent with the purposes of this Ordinance.
10.10.2. Adjustment of Numerical Standard: For administrative level applications, or
those not requiring Planning Commission or Town Council Review, the

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Administrator shall have the authority to authorize modification of up to 10%
from any numerical standard set forth in Article 3 (District Development
Standards), Article 6 (Design Standards), Article 7 (Landscaping and Tree
Preservation), or Article 8 (Parking) of this Ordinance. For those cases before
the Planning Commission, the Commission may have the authority to grant a
modification up to 10% for those sections reference in within this Section
10.10.2. Any request greater than 10% shall be treated as a variance handled
by the Board of Zoning Appeals (BZA), and subject to the requirements of
Section 10.12. No adjustments are permitted to sign standards. The
Administrator is not obligated to allow modification from any numerical
standards.
10.10.3. Permission of Flag Lot: When the applicant is proposing flag lots or other
irregular lots as defined in this Ordinance (Article 3), the Administrator may
permit the irregular or flag lot as an Administrative Adjustment, making written
findings in accordance with Section 10.10.5.5.
10.10.4. Process and Approval
a. Process Type: Administrative
b. Public Notification: None
c. Required Application Information: An application for an Administrative
Adjustment shall include a brief description of the requirement to be varied
and any other material necessary to ensure the criteria in this section are
met.
d. Administrator Review: The Administrator shall review the application and
approve, approve with conditions, or deny the application, based upon the
criteria in Section 10.10.4.e. A written decision including affirmative findings
on the criteria set forth below shall be transmitted to the applicant.
e. Administrative Adjustment Criteria: To approve an application for an
Administrative Adjustment, the Administrator shall make an affirmative
finding that the following criteria are met:
1. Granting the Administrative Adjustment will ensure the same general
level of land use compatibility as the otherwise applicable standards.
2. Granting the Administrative Adjustment will not materially and
adversely affect adjacent land uses and the physical character of uses in
the immediate vicinity of the proposed development because of
inadequate buffering, screening, setbacks, and other land use
considerations.
3. Granting the Administrative Adjustment will not adversely affect
property values in any material way.
4. Granting the Administrative Adjustment will be generally consistent
with the purposes and intent of this Ordinance.
f. Appeals: A decision denying an Administrative Adjustment may be appealed
to the BZABZA within 30 days of the Administrator’s decision in accordance
with Section 10.13 (Administrative Appeals).

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g. Expiration and Lapse of Approval: Property owners shall have 6 months
from the date of approval of an Administrative Adjustment to secure a
Building Permit to carry out the proposed improvements. It is the
responsibility to notify the Zoning Administrator in writing, when they have
obtained a building permit from the jurisdiction having authority, proving
they are acting upon the Administrative Adjustment within 6 months. If a
complete Building Permit application has not been filed within 6 months of
the date of approval, the approval shall be void.
10.11. Special Exception
10.11.1. Applicability
Special Exceptions may be made for situations in which proposed land uses are
generally compatible with the land uses
permitted by-right in a district but require
Application Submittal and
individual review of their location, design,
Completeness Review
and configuration to evaluate the potential
for adverse impacts on adjacent property
and uses. The Special Exception process
Schedule Public Hearing and
ensures the appropriateness of the use at a
Public Notification
particular location within a given District.
10.11.2. Process and Approval
Staff Report to BZA
a. Process Type: Public Hearing by Board
of Zoning Appeals
b. Required Application Information: All
BZA Hearing and Decision.
applicable forms as determined by the
Resubmission for more
Administrator, along with such
information (if necessary)
accompanying material as is required
to ensure compliance with the criteria
listed in Section 10.11.3.
Appeal to Circuit Court (if
c. Public Notification: Public notice of all
necessary)
hearings shall be published in a
newspaper of general circulation within the Town and shall be posted on, or
adjacent to, the property affected, with at least one notice visible from each
public street abutting the property fifteen (15) days prior to the public
hearing.
d. Staff Review and Report: The Administrator shall prepare a staff report that
reviews the proposed development in light of the Comprehensive Plan, the
review criteria listed below, and the requirements of this Code. A copy of
the report shall be provided to the Board of Zoning Appeals (BZA) and the
applicant before the scheduled hearing.
e. BZA Hearing
1. The BZA shall hold a public hearing on the Special Exception application.

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2. After review of the application and the public hearing, the BZA shall
make a written finding and approve, approve with modifications or
conditions, or disapprove the request.
3. If approval, or approval with modifications or conditions, is granted, the
decision shall be communicated in writing within 15 days to the
applicant, and the applicant shall then be authorized to submit a
development permit application consistent with this Ordinance.

10.11.3. Special Exception Review Criteria: The BZA may approve an application for a
Special Exception where it reasonably determines that there will be no
significant negative impact upon residents of surrounding property or upon the
general public. The BZA shall consider the following criteria in its review:
a. The proposed uses compatibility with existing land uses in the surrounding
area;
b. The harmony of the proposed site plan, circulation plan, and character of
the surrounding area;;
c. The likely impact on public infrastructure — such as roads, parking facilities,
and water and sewer systems —and on public services — such as police and
fire protection and solid waste collection— and the ability of existing
infrastructure and services to adequately service the proposed use without
negatively impacting existing uses in the area and in the City. ;
d. The general conformity of the proposed use and designs with the Town’s
Comprehensive Plan, and any other plans officially adopted by the Town;
e. The likely impact on public health and safety;
f. The potential creation of noise, lights, fumes, dust, smoke, vibration, fire
hazard, or other injurious or obnoxious impacts.
10.11.4. Conditions: The BZA may impose such conditions and restrictions upon the
application as may be necessary to minimize or mitigate any potential adverse
impacts of the proposed use.
10.11.5. Appeal: Any party aggrieved by the decisions of the BZA may appeal to the
circuit court within 30 days of the decision.
10.12. Variance
10.12.1. Variances to all ordinance standards may be requested with the following
exceptions:
a. No variances to the Table of Permitted Uses shall be permitted.
b. No variances to sign regulations shall be permitted
c. Design Exceptions (Article 6) shall be considered by the Architectural Review
Board for recommendation prior to appearing before the BZA for a variance.

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10.12.2. Process and Approval
a. Process Type: Public Hearing by the Board of Zoning Appeals (BZA).
b. Application Requirements: All applicable forms as determined by
Administrator, along with such accompanying material as is required to
ensure compliance with the criteria listed in Section 10.12.4.
c. Staff Review and Report: The Administrator shall prepare a staff report that
shall be provided to the applicant or appellant and the BZA before the
scheduled hearing.
d. Public Notification: Public notice of all hearings shall be published in a
newspaper of general circulation within the Town and shall be posted on, or
adjacent to, the property affected, with at least one notice visible from each
public street abutting the property fifteen (15) days prior to the public
hearing.
10.12.3. BZA Hearing
Application Submittal and
a. After review of the variance
Completeness Review
application and the public hearing, the
BZA shall approve, approve with
conditions, or deny the application.
Schedule Public Hearing and
b. If approval or approval with
Public Notification
conditions is granted, the decision
shall be communicated in writing to
the applicant within 15 days, and the
Staff Report to BZA
applicant shall be authorized to
submit a development permit
application.
10.12.4. Criteria for Approval of Variances
BZA Hearing and Decision.
Resubmission for more
Required Findings: A variance may be
information
(if necessary)
granted by the BZA if it concludes that the
strict enforcement of any design and
performance standard set forth in this
Appeal to Circuit Court
Code would result in unnecessary
(if necessary)
hardship to the applicant, and that by
granting the variance, the spirit of this Code will be observed, public welfare
and safety will not be diminished, and substantial justice will be done. A
variance may be granted in an individual case of unnecessary hardship only
when the BZA makes, and explains in writing, all of the following findings:
a. There are extraordinary and exceptional conditions pertaining to the
particular piece of property. For example, the variance is justified because
of topographic or other special conditions unique to the property and
development involved, in contradistinction to the mere inconvenience or
financial disadvantage.
b. These conditions do not generally apply to other property in the vicinity.
c. The conditions are not the result of the applicant’s own actions.

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d. Granting of the variance would not substantially conflict with the
Comprehensive Plan, other adopted regional plans, and the purposes and
intent of this Ordinance.
e. Because of these conditions, the application of this Code to the particular
piece of property would effectively prohibit or unreasonably restrict the
utilization of the property.
f. The authorization of a variance will not be of substantial detriment to
adjacent property or the public good, and the character of the zone will not
be harmed by the granting of the variance.
10.12.5. Limitations: The BZA may not grant a variance if it would do any of the
following:
a. Allow the establishment of a use not otherwise permitted in the applicable
district.
b. Increase the density of a use above which is permitted in the applicable
district.
c. Physically extend a nonconforming use of land.
d. Change the zone boundaries shown on the Official Zoning Map.
10.12.6. Profitability Not to Be Considered: Profitability shall not be considered grounds
for a variance.
10.12.7. Conditions: In granting a variance, the BZA may attach to it conditions
regarding the location, character, or other features of the proposed building,
structure, or use as the BZA considers advisable to protect established property
values in the surrounding area, or to promote public health, safety, or general
welfare.
10.12.8. Appeal: Any party aggrieved by the decisions of the BZA may appeal to the
circuit court within 30 days of the decision.
10.13. Administrative Appeals
10.13.1. Applicability
Any person aggrieved by a decision, interpretation or determination of the
Administrator may appeal to the BZA. The Administrator shall immediately
transmit to the BZA all papers constituting the record of the appealed action.
10.13.2. Process and Approval
a. Process Type: Public Hearing by the Board of Zoning Appeals (BZA).
b. Required Application Information: Within 30 days of a decision or order of
the Administrator, an application for appeal shall be filed with the
Administrator and the BZA specifying the grounds of the appeal.

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c. Public Notification: Public notice of all hearings shall be published in a
newspaper of general circulation within the Town within fifteen (15) days
prior to the public hearing.
d. Effect of Appeal: An appeal stays all legal proceedings in furtherance of the
action in question (except enforcement proceedings), unless the
Administrator certifies to the BZA that a stay would, in his/her opinion,
cause imminent peril to life and property. In such case, proceedings shall
not be stayed except by a restraining order that the BZA or by a court of
record may grant.
10.13.3. BZA Hearing: The BZA shall schedule the matter for a hearing at its next
regularly-scheduled meeting. At the hearing, any party may appear in person,
by agent, or by attorney. Following the
hearing, the BZA shall take one of the
Application Submittal
following actions, consistent with the
provisions of this Ordinance:
a. Affirm the action of the Administrator;
b. Modify the action of the Administrator,
and to that end, the BZA shall have all
the powers of the officer, board, or
commission from which the appeal is
taken, and may issue a permit or direct
that a permit be issued; or
c. Reverse the action of the Administrator,
and to that end, the BZA shall have all
the powers of the officer, board or
commission from which the appeal is
taken, and may issue a permit or direct
that a permit be issued.

Schedule Public Hearing
and Public Notification

Staff Report to BZA

BZA Hearing and
Decision

Appeal to Circuit Court
(if necessary)

10.13.4. Findings of Fact: The BZA, in its execution of
the duties specified in this section, may subpoena witnesses, and in case of
contempt, may certify such fact to the circuit court that has jurisdiction.
10.13.5. Decision: All final decisions and orders of the ZBOA shall be in writing and shall
be permanently filed in the office of the board as a public record. All findings of
fact and conclusions of law shall be separately stated in final decisions or
orders of the BZA, which shall be delivered to parties of interest within 15 days
by certified mail.
10.13.6. Contempt Penalty: In case of contempt by a party, witness, or other person
before the BZA, the BZA may certify this fact to the circuit court of the county

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in which the contempt occurs, and the judge of the court, in open court or in
chambers, after hearing, may impose a penalty as authorized by law.
10.13.7. Appeals: Any party aggrieved by the decisions of the BZA may appeal to the
circuit court within 30 days of the decision.
10.14. Amendments and Rezonings
10.14.1. Applicability
a. When the public necessity, convenience, general welfare, or good zoning
practice justify such action, and after the required review and report by the
Planning Commission (PC), the Town Council may undertake the necessary
steps to amend this Ordinance, and its accompanying map.
10.14.2. Initiation of Amendments
A proposed amendment to this Ordinance may be initiated by any member of
the Town Council, the PC, the Administrator, or by any person owning property
within the Town limits, by filing an application with the Administrator.
10.14.3. Approval Process
Requests to amend this Code shall be processed in accordance with the
following requirements:
a. Application Procedure: Application forms for code amendment requests
shall be obtained from the Administrator. Completed forms, together with
an application fee, plus any additional information the applicant deems
pertinent, shall be filed with the Administrator. Applications for zoning map
amendments (rezoning) shall also include:
1. Boundary map of the subject property that is prepared and sealed by a
registered land surveyor.
2. Where applicable, a copy of correspondence illustrating that the
applicant has solicited written comments from the appropriate property
owners’ association regarding the requested amendment. Such
correspondence shall encourage the association to direct any comments
in writing to the Administrator and the applicant within 15 calendar
days of receipt of the notification.
3. Written consent from the owner of the property that is being
considered for an amendment. This is required if the applicant is not the
Town of Chapin.
b. Staff Review and Report
1. The Administrator shall prepare a staff report that reviews the proposed
amendment in light of the Comprehensive Plan and the general
requirements of this Code. A copy shall be provided to the PC and the
applicant before the scheduled public meeting.

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2. For amendments where the most intense permitted use in the proposed district
would generate more than 50 external trips during the peak hour, a TIS (Section
5.6) may be required; all road improvements needed to maintain the current
level of service shall be identified (based on that analysis), and assurances shall
be provided so that all road improvements will be in place so the impacts of the
development are accommodated, and the current level of service is maintained.
c. Planning Commission Recommendation
1. Public Notification: Public notice of all hearings shall be published in a
newspaper of general circulation within the Town within fifteen (15) days prior
to the public hearing. In the case of an amendment to the zoning map, the
property shall be posted within fifteen (15)
days prior to the public hearing.
Pre-Application Meeting
2. Hearing by PC: All papers and other data
submitted by the applicant on behalf of the
amendment request shall be transmitted to
Application Submittal and
the PC. The PC, at regular meetings, shall
Completeness Review
review and prepare a recommendation for
transmittal to the Town Council. At such
Schedule Public Hearing
meeting(s), any party may appear in person,
and Public Notification
by agent, or by attorney. Following action by
the PC, all papers and data pertinent to the
application shall be transmitted to the Town
Staff Report to MPC
Council for final action. The PC shall study the
proposed amendment, taking into account all
factors that it may deem relevant, including,
MPC Hearing and
but not limited to:
Recommendation to
a. Consistency (or lack thereof) with the
Council
Comprehensive Plan and other adopted
plans of the Town or Lexington County;
Staff Report to Council
b. Compatibility with the present zoning,
with conforming uses of nearby property,
and with the character of the
neighborhood;
Town Council Action
c. Suitability of the property that would be
affected by the amendment;
d. Compatibility with the natural features of — and any archaeological or
cultural resources on — the property;
e. Marketability of the property that would be affected by the amendment;
and
3. Availability of roads, sewer, water, and stormwater facilities generally suitable
and adequate for the affected property. At the close of the public meeting, the
PC shall recommend approval, modified approval, or denial of the amendment.
4. Upon receipt of a recommendation from the PC, the staff shall have 30
days within which to submit its report of the PC’s deliberations and

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recommendation Town Council. If the PC or its staff fail to submit a
report within the 30-day period, it shall be deemed to have
recommended approval of the proposed amendment.
5. If, after three PC meetings, no recommendation has been made (e.g.,
each meeting has resulted in the request being tabled), the item will
proceed to Town Council. Staff will prepare a report of the PC
deliberations within 30 days of the third PC meeting.
d. Town Council Hearing
1. Public Notification: Public notice of all hearings shall be published in a
newspaper of general circulation within the Town within fifteen (15)
days prior to the public hearing. In the case of an amendment to the
zoning map, the property shall be posted within fifteen (15) days prior
to the public hearing.
2. Timing: Town Council shall consider the proposed map or text
amendment at the earliest reasonable date and shall consider the
report of the PC in making a decision.
3. Decision: Town Council shall act to approve, approve with
modifications, or deny the proposed amendment.
4. Notification of Result: The applicant shall be notified in writing within 15
days of Town Council’s action.
10.14.4. Update of Zoning Map
Following Town Council’s final action, any necessary changes shall be made to
this Ordinance, or to the Official Zoning Map within seven (7) days. A written
record of the type and date of such change shall be maintained by the
Administrator. After seven (7) days of the official action, the action by City
Council shall be considered official even if the Administrator fails to make the
written change to the appropriate document.
10.14.5. Appeals
An applicant aggrieved by the amendment decisions of the Town Council may
appeal to the circuit court within 30 days of the decision.
10.15. Vested Rights and Expiration of Approvals
10.15.1. General: A vested right pursuant to this ordinance or the Vested Rights Act is
not a personal right, but attaches to and runs with the applicable real property.
All applicable ordinances, municipal code sections, and regulations relating to
zoning, planning and land development within the municipality are subject to
this section.
10.15.2. Definition: “Site specific development plan”, in addition and as a supplement to
the definition set forth in Section 6-29-1520 of the South Carolina Code of
Laws, as enacted by Act 287 of 2004, is further defined to mean those
documents that comprise a complete application for a zoning permit,

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certificate of zoning compliance, variance, special exception, planned unit
development, sketch plat or sketch plan, or other similar approval that
authorizes the landowner to proceed with investment in grading, installation of
utilities, streets, and other infrastructure, and to undertake other significant
expenditures necessary to prepare for application for a building permit.
10.15.3. Establishment and Conditions of Vested Rights: A vested right is established for
2 years upon the final approval of a site-specific development plan (e.g., site
plan or subdivision plan) or phased development plan (e.g., PUD) that
authorizes the developer or landowner to proceed with investment in grading,
installation of utilities, streets, and other infrastructure, and to undertake
other significant expenditures necessary to prepare for application for a
building permit. An applicant shall have 2 years from final approval to receive a
final plat, building permit, or, if no building permit is required, to obtain a
Zoning Permit, or other similar plan approval. The following are additional
conditions for vested rights.
a. A vested right in a development plan, plat, or phased development plan
shall not attach to the property until all plans have been received, approved
and all fees paid in accordance with this ordinance.
b. A vested right is subject to revocation by the Town Council, after notice and
public hearing, that there was a material misrepresentation by the
landowner or substantial noncompliance with the terms and conditions of
the original or amended approval.
c. A vested plan is subject to later local development regulations that impose
additional site plan related requirements, but does not affect allowable
types, height as it affects density or intensity of uses, or density or intensity
of uses.
d. A vested right may receive up to 5 one-year extensions for good cause upon
written request by the landowner to the Zoning Administrator and no later
than one month prior to expiration.
e. Phased development plans remain subject to review and approval of all
phases prior to any portion of the project being vested.
f. In case of projects where more than one building is to be built, the applicant
may submit a series of Building Permit applications, if deemed acceptable
by the Building Official of Lexington County. The first application must be
submitted within two years from the date the development plan approval is
granted. Each subsequent application must be submitted within 180 days
from the date of issuance of a Certificate of Occupancy for the previous
building, whichever shall occur first. The lapse of more than 180 days may
cause the expiration of the Development Plan approval unless an extension
is approved, upon a showing of good cause for the delay.
g. A vested site-specific development plan or vested phased development plan
is subject to later enacted federal, state, or local laws adopted to protect
public health, safety, and welfare including, but not limited to, building, fire,
plumbing, electrical, and mechanical codes and nonconforming structure

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and use regulations which do not provide for the grandfathering of the
vested right. The issuance of a building permit vests the specific
construction project authorized by the building permit to the building, fire,
plumbing, electrical, and mechanical codes in force at the time of the
issuance of the building permit.
h. The Board of Zoning Appeals does not have the authority to grant a vested
right and no such right shall accrue as a result of their decision
i. If real property having a vested site-specific development plan or vested
phased development plan is annexed by the Town of Chapin, the Town
Council must determine, after notice and public hearing in which the
landowner is allowed to present evidence, if the vested right is effective
after the annexation.
j. The Town may not require that a landowner waive his vested rights as a
condition of approval or conditional approval of a site-specific development
plan or a phased development plan.

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Article 11 - Nonconformities
11.

Nonconformities
11.1.

Purpose and Intent
11.1.1. The Town of