⚡︎ Independent, reader-supported & ad-free · Follow the megawatts in all 50 states ⚡︎ Support Us
The Docket · Government Meeting · DKT-2026-000816

On the agenda: Chapin meeting — Colocation (Dec 14)

Past  ⚠ Agenda Watch  Chapin, South Carolina · Thursday, December 14, 2023 — 3 years ago

About this record

The published agenda for this December 14 meeting contains: "Colocation", "colocation". The meeting has passed; the record and its outcome live here permanently.

WhenThursday, December 14, 2023
Check the agenda document for the meeting time.
WhereChapin, South Carolina
Money$500 was at stake
On the record“Colocation”“colocation”

The agenda — from the public record

Government public record — the text of the published document (large document; partial archive — read the original for the complete record), archived August 15, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

173 pages · scroll to read
Page 1 of 173

CHAPIN UNIFIED ZONING & DEVELOPMENT ORDINANCE
STEERING COMMITTEE MEETING
Council Chambers, Chapin Town Hall
December 14, 2023
3:00 P.M.
AGENDA
Call to order
Freedom of Information Act Compliance
Approval of Minutes
1. December 5, 2023 Meeting Minutes
Discussion Items
2. Unified Zoning and Development Ordinance: Article 6 draft review
Action Items
3. Unified Zoning and Development Ordinance Recommendation to Planning Commission
Adjourn

Page 2 of 173

TOWN OF CHAPIN
UNIFIED DEVELOPMENT ORDINANCE COMMITTEE
MEETING MINUTES
Tuesday December 5, 2023
3:00 P.M.

Town Hall

Members Present: Planning Commission Members Rae Davis, Caleb Pozsik, Clay Cannon, Josh Edwards, Erin
Wessinger
Staff Present: Town Clerk Shannon Bowers, Town Administrator Nicholle Burroughs
Staff Absent: Mayor Al Koon
Call to Order: Chair Davis called the meeting to order at 3:07 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.
Chair Davis welcomed new member Erin Wessinger and the committee held brief introductions to get the meeting started.
The committee reviewed the November 7, 2023 meeting minutes and Member Cannon moved to approve the meeting
minutes as presented. Member Edwards seconded the motion. No further discussion, motion passed unanimously.
Chair Rae Davis:
Member Clay Cannon:
Vice Chair Caleb Pozsik:
Member Josh Edwards:
Member Erin Wessinger:

Yes
Yes
Yes
Yes
Yes

Discussion Items
UDO Draft Discussion: Mr. Gianni began the discussion by highlighting changes from previous meeting discussions,
which included the process for variances (requiring administrator recommendation for variance requests), zoning map
changes (making the Town Center smaller), open space and amenities (putting it in a table for, and signs. The committee
further discussed article 9 and the sign standards. Mr. Gianni noted that two new sections were included addressing
internal and external illumination requirements. The committee expressed their desire to clarify that cabinet lettering or
internally illuminated would be prohibited except in the interstate commercial area, but wanted to add language for
materials that did not conflict with article 6: Overlay Design Standards. Suggested materials were metal and composite
materials. Mr. Gianni noted that the Architectural Review Board would be reviewing sign materials as a part of the article
6 discussion.
The committee then discussed scenarios likely to come under review under this draft document to determine any major
concerns or edits needed. Items discussed during this exercise were related to the location and size of multifamily
options, calculation of usable land (to reflect net area to be developed), buffer requirements, and clarifying language in the
violations and enforcements article.
The next UDO committee meeting will be on December 12.
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:

Page 3 of 173

Unified Development Ordinance Committee
Shannon Bowers, Town Clerk

October 9, 2023

Page 4 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
Overlay District Design Standards
6.0

Article 6: Overlay District Design Standards
6.1
Purpose
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. This section has the following objectives:
6.1.1 Compliance with the goals and objectives of the adopted plans of the Town
6.1.2 Promote and enhance Chapin’s architectural character
6.1.3 Support the public realm with high quality development. Visual diversity should be
greatest along the street frontage.
6.1.4 Buildings should incorporate architecture and scale that is appropriate to its context and
location
6.1.5 Encourage architecture that blends in with natural surroundings and neighboring
development
6.1.6 Safeguard property values and build buildings for the long-term that can evolve and
adapt over time.
6.1.7 Ensure that structures and accompanying landscaping, signage, and site lighting
elements conforms and complements the architectural style of the site and area.
6.2
Design Overlays Definitions
6.2.1 Residential Design Overlay: To preserve historically significant buildings and
neighborhoods in the Town, by requiring new construction to use traditional building
materials and building forms. The inclusion of building forms and features adds variety
and interest to the physical landscape, while also stimulating civic pride by fostering
social interaction.

1

Page 5 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23

6.2.2

Downtown Overlay: A pedestrian scaled environment that includes a mix of uses and
buildings that are built to directly front the sidewalk and street. The combination of
buildings, civic spaces, and well-designed streets should stimulate vibrant economic
activity and encourage congregation. The creation of new buildings, redevelopment of
nonconforming uses, and complete streets serve as an opportunity for expanding the
downtown and reinforcing key principles.

6.2.3

Corridor Overlay: To improve the aesthetic quality of corridors and create local nodes to
serve the residents of the greater Chapin community. The preservation of landscaping,
in addition to new vegetation, to soften the effect of large buildings and parking areas
to great a quality impression on residents and visitors.

6.2.4

Interstate Overlay: A district specifically focused on development along interstate
highways, to stimulate economic development while also creating an inviting
environment as it is the primary gateway into the community. The design requirements
in this area aims to retain unique characteristics of Chapin, while creating an
environment that differs from traditional development.

6.2.5

Craftsman Design Overlay: American Craftsman style is a domestic architectural style
that emerged in the late 19th and early 20th centuries. It is characterized by its
2

Page 6 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
simplicity, functionality, and handcrafted elements. Craftsman homes typically have
low-pitched gabled roofs with overhanging eaves, exposed rafters, and wide front
porches supported by tapered columns. This style of architecture is already present in
Chapin, especially along Lexington Avenue and Old Lexington Highway, and should be
retained as it is an example of the unique character and charm of the Town of Chapin.

6.3

6.4

6.5

Terminology
6.3.1 Shall: This section establishes both binding standards and discretionary guidelines.
Binding standards are typically signified the word “shall.” They are specific and precise
standards that are required to be met in the submitted design.
6.3.2 Should, Encouraged, and Discouraged: Discretionary guidelines are typically signified by
the words “should,” “encouraged, “and “discouraged.” They are general design
objectives that are applied and interpreted by the appropriate review body in the
review of development applications. “Should” is the goal, but the review body has
flexibility as to how they are administered.
6.3.3 May: Discretionary guidelines with a greater degree of flexibility are signified by the
word “may.” They are ideal guidelines and a project following these guidelines would
result in an outcome that is very compliant with the City’s goals and objectives;
however, they are not specifically required to be met.
Applicability
6.4.1 All new construction, redevelopment, modification, significant repair, or alterations
within Town’s jurisdiction shall adhere the provisions of this article, unless otherwise
specifically exempted within this article.
Boundaries and Map
6.5.1 The standards in this Article are applicable all properties located within an Architectural
Review Overlay District. 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.
[Map is on next page]

3

Page 7 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23

4

Page 8 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23

6.6

6.7

6.8

Conflicts With Other Sections
6.6.1 Relationship Between Overlays
a. Residential buildings within a specific overlay: When an applicable residential
building is constructed, it is governed by the provisions within the residential
overlay. However, the ARB shall consider the context in which the residential
building is constructed an may require it to feature some elements that are
predominant in the parent overlay, such as the downtown, corridor, interstate, or
craftsman overlay. As an example, if a residential building is built within the
craftsman overlay, the review authority may require compliance with the craftsman
district regulations if it is found that the residential design overlay requirement
conflict with the provisions of the parent overlay.
6.6.2 Relationship to Land Use Provisions
a. Applicability: Article 4 identifies use allowances by district and establishes additional
standards applicable to specific uses. These provisions shall also apply in
conjunction with the standards outlined in this article.
b. Conflicts: In the event of a conflict between the requirements of this article and the
requirements of Article 3, the most stringent requirement, as determined by the
review entity, shall apply
6.6.3 Relationship to Historic District Standards
a. Historic Buildings: To aid the ARB in cases where a building that has a historic
designation by the National Park Service or South Carolina Department of Archives
(SCDAH), the best practices from “The Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings.”
Infill Compatibility
6.7.1 Setback Rhythm : Established building setback patterns should be continued as practical.
Interruptions to street frontage character should be
avoided by preserving existing front yard
landscaping and street trees.
6.7.2 Massing: New construction should complement the
massing of neighboring buildings by utilizing roof
forms, architectural trim, differentiation of facade
planes, and a relationship of solids (siding and
walls) to voids (window and door openings) that
are consistent with the patterns established in
neighboring buildings
6.7.3 Articulation: When large scale construction is
proposed that is not consistent with the
predominant building height and lot width of the surrounding area, special attention
shall be paid to specific building design elements in order to articulate a building form
that is appropriate to the neighborhood context. These include the items listed in the
paragraph above, along with siting, setbacks, and facade treatments.
Modification of Guidelines

5

Page 9 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
6.8.1

6.9

Applicants may request modifications to the minimum design guidelines herein to
permit design solutions that are otherwise compatible with surrounding development
and the intent of this ordinance, but which, because of unique design considerations,
are not able to achieve strict compliance with the guidelines of this chapter. Such
applications shall be subject to the Major Architectural Review process detailed in
Article 10. This option shall not be used to grant a variance or waiver of any requirement
in any other article of this ordinance.
General Standards
6.9.1 Applicability: These standards shall apply to all buildings and properties located within
the Residential, Downtown, Corridor, Interstate, and Craftsman overlay districts. Each
development shall utilize one of the defined entrance types as defined in Section 6.9.2
for all pedestrian and public entrances, including primary and secondary entrances.
Utility, employee, service, fire exits, and other ancillary or entrances not meant to be
used by the general public, may be exempted by these requirements from the design
review body.
6.9.2 Entrance Types: The following entrance types are hereby defined in the Town of
Chapin:
a. Entrance Types
1. Applicable to all entrance types: No entrance types shall encroach into the
public right-of-way or utility easement, unless authorized approval from the
entity having authority is provided to the Administrator.
2. Corner Lot Entrances: The primary entrance(s) should face the street from
which the building derives its street address.
3. Secondary Entrances: Secondary access may be provided from parking areas
located to the rear or side of a building. Large single tenant buildings or building
with only common lobby access to building tenants that have more than 200
feet fronting a secondary street should provide an additional common entrance
along that frontage as well.
4. Porches and Stoops: Porches shall be covered. May encroach into the front or
side setback, but should not extend into the public right-of-way.
a. Porch Height above grade: Porches and stoops shall be elevated 18 inches
above grade when a sidewalk is present, and 24 inches when no sidewalk is
present.
b. Porch Depth and Length: Porches shall have a minimum depth of 6’ and
shall span at least 25% of the façade in which it is located.
c. Porch Screening: Porch screening is allowed, however architectural
elements such as columns, railings, or posts shall be on the exterior of a
screen.
d. Stoop Entrance: The entrance to stoops is usually an exterior stair and
landing with a covering or recessed entry. Stoops are not required to have
coverings when used with detached single-family residences, but coverings
are encouraged. The entryway and stairway shall be sized appropriately for
the façade in which it is located.

6

Page 10 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23

6.10

5. Forecourts: Forecourts may be used
in residential buildings to provide
entry yards and/or shared garden
space. Forecourts may be used in
multi-family, commercial and
mixed-use buildings to provide
areas for outdoor dining, entries to
individual tenants, or vehicular
drop-off areas. Where provided,
forecourts should be encouraged to
be a minimum of 12 feet in depth
and 12 feet in width, in order to provide an area for seating, trees, benches, or
other features.
6. Colonnades/Arcades: Usually for buildings where the building line is aligned
close to the frontage line, with a cantilevered roof overlapping a wide sidewalk.
If applicable, the columns on the gallery should be evenly spaced with façade
openings and minimum of 10’ wide.
7. Balconies: Balconies may encroach over the public sidewalk, but must project a
minimum of 3 feet from the building façade.
8. Additional Entrance Type: An entrance type not defined by this code (such as a
zero-step entry for seniors) may be proposed to the ARB for consideration, as
part of a Major Architectural Review Application.
Residential Design Standards
6.10.1 Applicability
The residential design standards shall apply to all residential properties located within
the Town’s jurisdiction. Specifically, these standards shall apply to the following:
a. All new construction of residential and accessory uses, as defined in Article 4 and
unless specifically exempted by this article;
b. The design of residential uses involved in a Major Subdivision application shall be
approved by the Architectural Review Board as part of a separate Major
Architectural Review application
6.10.2 Exceptions
a. Construction Activities
1. Modifications
a. Modification to existing structures, unless they require design review as
specified in the Minor or Major Architectural Review procedures (Article
10).
b. New Construction
1. Construction within the Rural Agricultural (RA), Rural Residential (RR), and Light
Industrial (LI) zoning district, unless a particular use or structure is specifically
called out in this article.
2. Interior remodeling work, which does not involve the alteration of any building
component that does not alter any exterior building component.
c. Nonconforming Structures
7

Page 11 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
1. If the application meets the criteria of a Major or Minor Architectural Review,
full compliance with the article is required.
2. Significantly Modified: Article 11 thresholds.
6.10.3 Preservation of Neighborhood Character
A primary goal of these guidelines is to enhance the existing fabric of neighborhoods,
while preventing or minimizing potential effects. New construction, renovations, or
additions should align with the architectural style, scale, and overall aesthetic of the
surrounding context, as to continuing foster a sense of community and belonging for
residents.
6.10.4 Applicable to all Residential Building Types
With the exception of RR and RA zoning districts and in addition to the applicable
permitted use and accessory use conditions in Article 4, the following residential
dwelling types have the following requirements:
a. Entrance Type: All residences shall utilize at least one entrance type per Section
6.9.2.
b. Façade details: A building, or each building if on a multi-building site, shall contain at
least three of the following features:
1. Decorative porch/railing design.
2. Pillars, posts, or pilasters.
3. One or more bay windows with a
minimum of 12” projection from
façade.
4. Decorative molding or framing
around windows and doors.
5. Roofline elements such as
brackets/dormers/chimneys.
6. Developments with three or more
principal buildings shall provide variation in building size, shape, height, color,
and roofline in a manner that allows different buildings to be distinguished from
one another.
7. Other façade element that provides architectural interest as determined by the
review body.
c. Exterior Façade Materials: Unless otherwise stated in this ordinance, building walls
should be finished in one or more, but not more than four of the following
materials: fiber cement board such as “Hardie-Plank” siding, 50-year siding product,
wood, termite resistant, 50-year siding product (painted or natural), brick, stone,
stucco, and other materials as approved by the review entity.
1. Exceptions: Single Family Detached residences, duplexes or triplexes within the
SR1, SR2, and TR1 zoning districts may use, vinyl siding or concrete masonry
units with stucco (C.B.S.) as external building materials
d. Roof Materials: Architectural shingle or similar 30-year product, non-reflective
metal, slate, and tile. Metal roofs shall have pronounced ridges with smooth panels.

8

Page 12 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23

e.
f.
g.

h.

i.

j.

k.

R-Panel and AG-Panel metal shall be prohibited as a roofing material except within
the RR and RA districts.
Exposed Foundation materials: Shall be finished in either brick, stone, or stucco.
Columns: Shall be equally spaced and positioned around window and door
openings. Column spacing that exceeds the height of the columns is discouraged.
Accessory Dwelling Units, Additions, and Structures
1. Design: Shall feature the same or similar materials that are present on the
principal dwelling unit.
2. Roof Design: Shall feature similar roof slopes as the principal dwelling. There
should be no more than two roof materials that compose a roof. Ancillary roofs
may be of another materials when appropriately transitioned with flashing.
3. Size: In no instance shall and addition, ADU, or other structure exceed more
than 50% of the gross floor area of the principal dwelling unit.
Roofs
1. Types: Common roof types such as gabled, hipped, shed, barrel vaulted, flat,
mono-pitch, and domed are permitted. Shed, flat, and mono-pitched roofs may
be required to be concealed by the review body except when used for porches,
balconies, or building extensions.
2. Slopes: A slope of 4:12-12:12 is appropriate for primary roofs, while ancillary
roof slopes may be 3:12-5:12. Flat roofs shall be prohibited as a primary roof in
residential districts, but may be used to break up rooflines to provide
articulations in multi-family building.
3. Shadow Lines: To prevent privacy issues, when a two-story residence is
proposed adjacent to one story (or vice versa), the proposed residence shall
position roof slopes toward neighboring properties.
Windows, Doors, and Openings
1. Design: Shall not be flush with exterior wall treatments and should be
accompanied by architectural elements, such as the jambs, header, and sill.
Window openings may be grouped horizontally, but trim between windows
shall be at least 3.5 inches wide.
2. Size: Except for windows such as round, picture, accent, or transoms, windows
should generally be taller than they are wide.
Lighting
1. Building, landscaping, or any other exterior lighting shall be designed to prevent
or minimize glare and shall be shielded to prevent light spillover.
2. Cornice lights, flood lights, or other directional lighting is discouraged. If
installed, it shall be adequately shielded and installed. It shall be limited to 0.1
footcandle at adjacent property lines.
Fences and Walls
1. Materials: Shall be composed of wood, brick, stone, or composite materials
with a similar appearance. Chain link fencing is prohibited, except within RR or
RA districts.
2. Height: Front and side yard fencing is limited to 4’ in height within 15’ of the
front setback, and side setback when located on a corner. Privacy fence shall be
9

Page 13 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
no taller than 8’. When a taller
fence and a shorter fence meet, the
transition between fence heights
shall be designed and configured to
either slope or step up gradually for
a consistent design.
l. Utility Meters: Shall be required for
each dwelling unit and positioned on
the side or rear of the residence. Utility meters that are visible from the public
right-of-way shall be screened or otherwise camouflaged.
m. Utility Areas
1. Utility Areas should be located in the rear or side yards and screened from the
public right-of-way in compliance with Article 7.3.9. In addition, utility areas
may encroach into required side or rear setbacks by 25%.
6.10.5 Standards Specific to Residence Type
In addition to applicable provisions within this code, each residential building type shall
have the following requirements:
a. Single Family, Detached
1. Garage doors: No more than two
garage bays may face or be parallel
to the public right-of-way. Garages
that face or parallel to the street
shall be no wider than 20 feet in
width or more than 50% of the
width of the residence, whichever is
smaller. Garage doors are
encouraged to be oriented
perpendicular to the street or
accessed from a rear alley.
b. Single Family, Attached
1. Parking Location: Driveways and garages shall be access from a rear lane or
alley.
2. Entrances: Primary and secondary entrances as defined in Section 6.9.2 shall be
configured and oriented towards one of the following, in order of priority:
a. Public Streets and sidewalks
b. Internal streets or parking lots
c. Open space areas
c. Duplex
1. Garages or Carports: Required to
be located in the side or rear of the
property. When located in a side
yard, the structure shall be setback
a minimum of 10’ from the front
façade. If the carport is used for
10

Page 14 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
storage other than a vehicle, it shall
be enclosed or screened from the
public right-of-way.
d. Triplex
1. Garages or Carports: Only one
driveway is permitted. Required to
be located in the side or rear of the
property. When located in a side
yard, the structure shall be setback
a minimum of 10’ from the front façade. If the carport is used for storage other
than a vehicle, it shall be enclosed or screened from the public right-of-way.
e. Multi-Family
1. Foundation: Minimum ground floor height from grade is 12”.
2. Entrances: Shall utilize either a stoop, forecourt, balcony, or porch entrance
type. An entrance type is required for all independent and shared points of
ingress or egress. Building frontages and entrances shall be configured and
oriented towards one of the following, in order of priority:
a. Public Streets and sidewalks
b. Internal streets or parking lots
c. Open space areas
3. Building Width: Shall not exceed
more than 160 feet along any street
frontage. No portion of the building
shall exceed 160 feet in any
direction.
4. Articulation: Street-facing building
façades shall be articulated with wall
offsets, in the form of recesses or projections from the primary façade plane, of
at least two feet for every 50 linear feet of façade frontage. Projections or
recesses shall extend from the grade to the top of the highest story in line with
the ground-floor footprint.
a. Roofline: Buildings with eaves shall be configured such that no single
horizontal eave continues for more than 75 linear feet without being broken
up by a gable, building projection, and articulation feature.
5. Garages: Carports are not permitted for multi-family buildings. Garages must
be detached from the principal dwelling unit and shall be located toward the
rear or side to be accessed off a secondary street. In no instance shall there be
more than 6 garages connected within one structure.
6.10.6 Residential Subdivisions
a. Design: Shall comply with applicable residential design standards within this
section.
b. Façade Elevation Variety: All residential buildings within a Major Subdivision
application shall demonstrate a variety of façade designs. Proposed façade designs
shall demonstrate the following in different housing products: such as
11

Page 15 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
1. Different sized window openings
and locations;
2. One- and two-story houses; exterior
material finishes, and alternating
garage location. The purpose of
these regulations is to prevent a
repetition of identical facade
designs for adjacent lots or lots that
face each other. Where home
designs are repeated in new
development, materials and
detailing shall be varied to
distinguish different houses.
c. Garage Access: For subdivisions that create more than 30 lots, at least 50% of the
proposed lots will demonstrate one of the following garage variations:
1. Side-loaded garages shall be located at a right angle to the street. The design of
the garage wall facing the street shall have the same predominate materials
used on the front façade.
2. Rear garages shall be located to the rear of the property either as a detached
structure or part of the house. If constructed as part of the house, the part of
the house, the front wall of the garage shall be setback at least 15 feet behind
the front façade of the house

12

Page 16 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
6.11

Downtown Design Standards
6.11.1 Introduction
a. Purpose and Scope
These guidelines aim to guide future development and ensure that new
construction, renovations, and signage align with the existing architectural style and
overall aesthetic of the downtown. By implementing these guidelines, the town
seeks to create a cohesive and visually appealing environment that attracts
residents and greater Chapin area while maintaining the small-town feel. More
specifically, the objectives of the Downtown Overlay Design Guidelines are to
accomplish the following:
1. Foster the development of a central civic space, or town center
2. Promoting commercial opportunities
3. Pedestrian scaled, short blocks, and hidden parking to promote walkability.
4. Compatible and inviting building design allowing space and opportunities for
diverse activities
b. Applicability
1. Map of District

13

Page 17 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
6.11.2 Building Scale and Height
a. Build-to lines
1. The maximum and minimum
standards in Table 3.7 shall be
conformed with in addition to the
following build to requirements:
a. A minimum of 80% of the front
façade of all principal structures
shall be located within the
maximum setback requirement
as stated in Table 3.7 for the zoning district in which the project is located
in.
b. For multiple buildings, a minimum of 40 percent the building façade within
maximum front setback.
b. Height
1. Maximum Height: Shall conform to the height requirements in Table 3.7.
Setback for upper level stories are encouraged where there is a significant
difference in the height of adjacent structures.
2. Rooftop Amenities: The ARB may allow a 10% increase in the height
requirement to allow for rooftop lounges and patios, with the condition that it
meets all other health and safety requirements.
6.11.3 Building Design
a. Exterior Building Materials
1. Wall materials: Building walls visible from a public street or civic space shall be
primarily brick or stone masonry units.
a. Alternative Materials: Wooden materials may be utilized on building
facades, but is not to exceed 25% of the façade area. Exterior insulation
finishing systems (EIFS) or stacked stone may be used on a case-by-case to
be determined by the ARB, however in no instance shall it consist than more
than 10% of the façade.
1. Green walls: Green walls, living walls, or other wall to be covered with
vines or other vegetation is permitted, but such proposals shall include
evidence to support that the type of fixture and plantings do not have a
structural effect on the wall in which it is being located.
b. Prohibited Materials: Under no circumstances should stacked stone, sheet
plywood, concrete block (CMU), unfinished poured concrete block, vinyl
siding, metal siding, smooth-faced concrete block, tilt-up concrete panels or
prefabricated steel panels and substitute materials not closely resembling
painted wood clapboard
c. Multiple Wall Materials: When 2 or more materials are used on a façade,
the heavier material should be placed below the lighter material (e.g., siding
over brick) to give the sense of support and grounding.
2. Foundation Materials: Visible foundation materials shall be finished in either
brick, or stone.
14

Page 18 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
3. Color: Approved Town of Chapin color palette, but no more than four colors
complementary to each other will be allowed on the building.
b. Façade Treatments
1. Cornices: Cornices and other similar elements are required to delineate the tops
of facades. Expression lines are required to delineate the divisions between the
first floor and upper floors
2. Facade Articulation: Long, unarticulated or blank facades, including but not
limited to those characterized by unrelieved repetition of shape or form, are
discouraged on any facade or portion of a facade visible or expected to be
visible from a public or private street or from primary vehicular access points or
parking areas. Specifically, projects shall conform to the following:
1. Shall not include expanses of blank walls (without any windows or
doors) of 50 linear feet or greater.
2. May utilize architectural features or architectural divisions such as
pilasters, false openings, or other technique acceptable by the review
body to provide interest and articulation.
b. Building Signage: All attached building signage proposed for a building,
entry, patio area, or otherwise affiliated with the principal or accessory use
shall be subject to review by the ARB. In addition to the requirements in
Article 9 Signage, ARB shall consider the following regarding signage:
1. The size is proportionately compatible with the façade or structure in
which it is affixed or mounted;
2. The colors and materials of the sign are compatible with the building,
surrounding properties, or the multi-building site;
3. Signs shall be externally lit in addition to be shielded and directed to
prevent spillover; and
4. The design of lights should be of design that complements the building
without become a dominant architectural feature.
c. Windows
1. Materials
a. Permitted Materials: Wood, vinyl, aluminum (except mill finished),
fiberglass, wood-clad, or composite materials approved by the review body
that are similar to an approved listed material and conforms with
projection, glazing, transparency, and other requirements within this
section.
b. Prohibited Materials: Mill finished aluminum is not permitted.
2. Size
a. Facades should have several window sizes with smaller ones above. This is
particularly important when buildings rise more than 2 stories.
b. Window openings may be grouped horizontally, but trim between windows
shall be at least 3.5 inches wide. This does not apply to storefront windows.
3. Projection

15

Page 19 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
a. Windows should not be flush with exterior wall treatments. Windows
should be recessed and include with an architectural surround at the jambs,
header and sill.
4. Transparency
a. Shall include a minimum of 40% of transparent fenestration (windows and
doors) on the ground floor and 20% on upper floors. The ARB may reduce
this requirement to minimum of 30% in certain instances.
b. Clear glazing is preferred; however, the ARB may allow alternative glazing
types in applications where they are the review authority. In no case shall
glazing be less than 70% transparent for first floor windows.
c. Spandrel glass is prohibited on ground floor windows. Mirrored glass with a
reflectivity of less than 20% is prohibited
5. Shutters
a. Shutters shall be sized and placed appropriately to cover, or appear to be
able to, the openings. Operable shutters are encouraged.
6. Mullions and Muntins
a. Thin mullions or muntins shall be required on windows larger than 2 feet in
any direction, except for shopfronts. The depth of the mullion shall not be
less than the width
7. Drive-through or Pick-up Service Windows
a. Pick-up service windows are discouraged, however may be allowed by the
ARB if positioned on a non-primary façade. For financial institution and for
security reasons, a service window may be located within a building
entrance (recessed entry is preferred) to allow for adequate lighting and
surveillance.
8. Storm or Security Windows
a. Location: Storm or security windows are discouraged when proposed on the
exterior of the window, however are permitted if installed on the interior of
an existing window.
d. Doors
1. Materials: wood, metal, glass, or fiberglass.
a. Prohibited Materials: Mill finished aluminum is not permitted.
2. Transparency: Doors shall comply and count towards the transparency
requirement within this section. Transom windows and sidelights are
encouraged to meet the transparency requirement.
e. Railings and Balustrades
1. Materials: Wood, wrought iron, painted aluminum, or PVC.
2. Style: The railings shall reflect the style of the building to prevent the
introduction of a new, conflicting element.
3. Spacing: The support posts for the railing or balustrade shall be in harmony
with the window or column spacing along the façade in which it is located.
f. Columns
1. Materials: Wood, fiber cement clad, cast iron, cast stone with smooth finish, or
brick.
16

Page 20 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
2. Spacing: Column bays shall be of equal and precise proportions. Column bays
shall be located to be in harmony with the existing opening (window and door)
pattern
3. Height: The height of columns shall be no larger than the distance between the
next column, unless the balance would be otherwise disrupted due to the
planned or existing opening pattern.
6.11.4 Roofs and Coverings
a. Materials
1. Asphalt Shingles, Tile (clay, cement, natural or manufactured stone), Nonreflective pre-finished metal, with the exception of copper, and slate.
Thermoplastic Polyolefin (TPO) for parapet or flat roofs is permitted.
2. Multiple materials on the same roof line are generally discouraged.
3. Ancillary roofs may be a different material, however it shall be appropriately
transitioned with flashing and sloped.
b. Roof relationships
1. The use of pitched roofs and roof overhangs that are consistent with
neighboring buildings is encouraged.
2. Dramatic changes in roof slopes or roof types within the same block is not
encouraged.
c. Roof Forms
1. Standards Roof types: Common roof types such as gabled, hipped, shed, barrel
vaulted, flat, mono-pitch, and domed are permitted. Shed, flat, and monopitched roofs may be required to be concealed by the review body except when
used for porches, balconies, or building extensions.
a. Parapet roofs shall not be permitted for buildings less than 10,000 sq. ft.
Parapet roofs are discouraged, but may be considered by the ARB if the
parapet has appropriate cornice design, caps, and periodic roof line
interruptions.
2. Gutters: Downspouts and gutters are discouraged on primary facades and shall
be composed of painted steel, aluminum, or copper, with finish materials to
match the predominant materials found on the building.
3. Roof penetrations, such as roof access, shall be located within the interior of the
building shall be hidden or painted to match the color of the roof.
a. Skylights, satellite dishes, antennas, or other attachments shall be placed so
they are screened from the view from the public right-of-way.
4. Slope: A slope of 4:12-12:12 is appropriate for primary roofs, while ancillary roof
slopes may be 3:12-5:12. This regulation shall not prohibit flat roofs covered by
a parapet designed in accordance within this section.
d. Awnings and Canopies
1. Size: Shall not span more than one window or door opening, except for
storefront windows that expand over 90% of the building’s primary façade. A
minimum of 8 feet of vertical clearance must be maintained from the sidewalk
grade.

17

Page 21 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
2. Materials: Awnings should be made of a durable, weather fabric and metal
only.
3. Supports: It is encouraged that the awning supports are concealed from view.
4. Colors: Colors and patterns shall be subject to the review body. In general
colors and/or patterns shall complement the building materials and colors, as
well as adjacent structures.
6.11.5 Outdoor Areas
a. Fences and Walls
1. Materials: Shall be composed of brick, ornamental metal, cast iron, wood,
stone, combination thereof, or appropriate and conforming materials that are
consistent with materials found on the primary use.
2. Location: Screening walls and fencing are allowed only in side and rear yards
and behind the front building line, with the exception of outdoor eating,
merchandise display, and play areas. For those fences or walls within the front
setback, or those on corner lots, the opaque portion shall be limited to a height
of three feet from the ground. The remainder of the wall or fencing shall be
ornamental metal and see-through.
3. Length: 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.
4. Height: Fences and walls within the front setback, as well as side setback if
located on a corner, shall be no higher than 4’. Fences and walls used as privacy
screens on the side or rear property line may be 8’ maximum.
b. Decorative Features
1. Fountains: Shall only be approved when combined with a forecourt or similar
type entrance, or a defined open space type in Table 5.5.3.a, Open Space Types.
2. Pedestrian and Bicycle Facilities: Shall be design and composed of materials that
complete and blend in with surrounding buildings and landscaping.
3. Landscape Planters: May be used to define a perimeter of an outdoor area or
entrance. Shall be design and composed of materials that complete and blend
in with surrounding buildings and landscaping.
c. Paving
1. Materials: Brick, stone, concrete, or similar material.
2. Patterns: Patterns such as running bond, herringbone, and basket weave are
encouraged, however other patterns may be suggested that do not detract or
conflict with the architectural elements of the primary building.
3. Borders: Borders for paving areas shall be required when paving materials are
adjacent to landscaped areas. Borders are encouraged when defining patios, or
other areas that are directly adjacent to the use.
4. Crosswalks: Shall be in compliance with Section 8.6.4. Materials used for
crosswalks should be compatible with predominant materials used for the site
and/or building facades. The ARB may allow stamping or other forms of giving
texture to the crosswalk when appropriate.
6.11.6 Lighting
18

Page 22 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
a. General Standards: All building façade lighting fixtures shall be limited to 25 watts
per fixture, and not to exceed 4,000 Kelvin. No white or clear lights shall be
permitted. All lights and lighting fixtures shall be directed towards the building,
walkway, or landscape feature. In no instance shall lights move, rotate, change
color, or be animated. In no instance shall LED signs be permitted. In no instance
shall any light fixture exceed 0.5 foot-candles as measured 12” beyond the plane of
the building or surface. Additionally, lighting fixtures are limited to 0.1 foot-candles
at 36” beyond the building feature or surface being illuminated.
b. Building Features: Lighting for building features and architectural elements are
permitted, however shall be illuminated from an exterior or projecting fixture and
not compromised of more than two colors. The fixture shall be appropriately
shielded and directed to illuminated only the intended feature, and not spill over to
any other buildings, tenant spaces, or public right-of-way.
c. Design: Design of lighting elements that are affixed to the building and within patios
or entrances shall be subject to review and shall complement the design of the
building.
d. Pavement Lighting: Embedded or directional lighting meant to illuminate pathways
or patios, as a substitute or complement to overhead lighting, is permitted granted
that it is shielded or directed appropriately to not spill over to any other buildings,
tenant spaces, or public right-of-way.
e. Landscape lighting: Shall be in compliance with Section 7.3.10. In addition, walkways
shall have landscaping along at least 30% of their total length. Landscape lighting is
limited to 900 lumens per fixture.
f. Freestanding Light Poles: Shall be in compliance with Section 8.7 “Lighting”, Section
3.8.7 “Measurement of Height” and subject to the review by the Architectural
Review Board. In no instance shall a pole exceed 12’ in height with the Downtown
overlay, however the ARB may reduce this height depending on context, potential
spillover, and scale. Light poles shall be permitted to have 12,000 lumens fixtures.
6.11.7 Utility, Waste, Service, and Loading Areas
a. Loading facilities, loading docks, service doors, and other service areas, shall be
located and/or screened so as not to be visible from a public street or park.
b. Project elements like mechanical equipment (except small items such as fans and
vents), utility meters, storage areas, solid waste containers (including dumpsters,
compactors, recycling containers, and solid waste and recycling handling areas),
transformers, generators, HVAC units and similar features, or other utility hardware
on the building, roof, or ground shall be
screened from public view with
materials similar to the structure; OR
they should be so located as not to be
visible from any public street or from
adjacent buildings. No wall-mounted
building utility service equipment (e.g.,
electrical house panel boxes) shall be

19

Page 23 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
placed on the public street right-of-way side of the building.
c. Photovoltaic panels may be considered by the ARB, where such panels must be
located within view of a public street or adjacent building in order to maximize solar
exposure.
d. All mechanical equipment shall be completely screened from the ground level of
any adjacent property with architectural materials that are consistent with those
used on the primary building.
e. Ventilation grates or emergency exit doors located at the first-floor level in the
building facade, which are oriented to any public street, should be decorative.
Unless otherwise required by the building code, such grates and doors should be
located away from pedestrian spaces (sidewalks and pedestrian paths).
f. Electrical Vehicle Charing stations may be placed on a non-primary building façade
or as standalone fixtures, however shall have neutral colors, or colors that
complement the most adjacent structure to have minimum impact.

20

Page 24 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
6.12

Corridor Design Standards
6.12.1 Introduction
a. Purpose and Scope
The Town desires to see the creation of commercial districts along its major
transportation corridor that enhance the overall aesthetic appeal, livability, and
functionality of these areas. Corridors often act as first impressions for a
community, so development should reflect unique characteristics of the Town and
differ from cookie-cutter development patterns. More specifically, the objectives of
the Corridor Overlay Design Guidelines are to accomplish the following:
1. Enhancing visual appeal along corridors (first impressions)
2. Creating functional commercial environment that serve the local and regional
community
3. Promote commercial developments that are interconnected with the
community and act as nodes of activity throughout the community.
4. Prevent designs that lack context and are indistinguishable in design from
similar projects.
5. Design commercial uses that they orient towards open spaces and outdoor
areas, leading to a creation of village center environment.
b. Applicability
1. Map

6.12.2 Building Scale and Height
21

Page 25 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
a. Build-to lines
1. The maximum and minimum
standards in Table 3.7 shall be
conformed with in addition to the
following build to requirements:
a. A minimum of 40% of the front
façade of all principal structures
shall be located within the
setback requirement as stated
in Table 3.7 for the zoning district in which the project is located in.
b. For sites with multiple buildings, buildings shall front a street right-of-way,
parking area, or open space area with a defined entrance type. In cases
where the buildings have more than one frontage, multiple entrances may
be required.
b. Height
1. Maximum Height: Shall conform to the height requirements in Table 3.7.
2. Rooftop Amenities: The ARB may allow a 10% increase in the height
requirement to allow for roof line or
building façade articulation.
6.12.3 Building Design
a. Exterior Building Materials
1. Wall materials: Building walls visible
from a public street or civic space
shall be primarily brick or stone
masonry units, wood clapboard,
cementitious fiber board, and
exposed heavy timber.
a. Alternative Materials: Piecemeal embellishment and frequent changes in
material and color shall be avoided, however certain materials may be
permitted by the ARB with the following conditions:
1. Smooth stucco finishes may be used as an exterior building material,
however at least of 25% of the building’s front and side façades must be
either brick or stone. The placement of the materials shall follow the
requirement in Section 6.12.3.a.1.c. below.
2. Exterior insulation finishing systems (EIFS) may be used as a secondary
building material only (less than 25% of the wall area) on primary
frontage facades.
3. Green walls: Green walls, living walls, or other wall to be covered with
vines or other vegetation is permitted, but such proposals shall include
evidence to support that the type of fixture and plantings do not have a
structural effect on the wall in which it is being located.
b. Prohibited Materials: Under no circumstances should stacked stone, sheet
plywood, concrete block (CMU), unfinished poured concrete block, vinyl
siding, metal siding, smooth-faced concrete block, tilt-up concrete panels or
22

Page 26 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
prefabricated steel panels and substitute materials not closely resembling
painted wood clapboard.
c. Multiple Wall Materials: When 2 or more materials are used on a façade,
the heavier material should be placed below the lighter material (e.g., siding
over brick) to give the sense of support and grounding.
2. Foundation Materials: Visible foundation materials shall be finished in either
brick, stucco, or stone.
3. Color: Approved Town of Chapin color palette, but no more than four colors
complementary to each other will be allowed on the building.
b. Façade Treatments
1. Cornices: Cornices and other similar elements are required to delineate the tops
of facades. Expression lines are required to delineate the divisions between the
first floor and upper floors
2. Façade Articulation: Long, unarticulated or blank facades, including but not
limited to those characterized by unrelieved repetition of shape or form, are
discouraged on any facade or portion of a facade visible or expected to be
visible from a public or private street or from primary vehicular access points or
parking areas. Specifically, projects
shall conform to the following:
1. Shall not include expanses
of blank walls of 50 linear
feet or greater.
2. May utilize architectural
features such as pilasters,
false openings, façade step
backs, downspout spacing,
or other techniques
acceptable by the review body to provide interest and articulation.
b. Building Signage: All attached building signage proposed for a building,
entry, patio area, or otherwise affiliated with the principal or accessory use
shall be subject to review by the ARB. In addition to the requirements in
Article 9 Signage, ARB shall consider the following regarding signage:
1. The size is proportionately compatible with the façade or structure in
which it is affixed or mounted;
2. The colors and materials of the sign are compatible with the building,
surrounding properties, or the multi-building site;
3. Signs shall be externally lit in addition to be shielded and directed to
prevent spillover; and
4. The design of lights should be of design that complements the building
without become a dominant architectural feature.
c. Windows
1. Materials
a. Permitted Materials: Wood, vinyl, aluminum (except mill finished),
fiberglass, wood-clad, or composite materials approved by the review body
23

Page 27 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
that are similar to an approved
listed material and conforms
with projection, glazing,
transparency, and other
requirements within this
section.
b. Prohibited Materials: Mill
finished aluminum is not
permitted.
2. Size
a. Facades should have several window sizes with smaller ones above. This is
particularly important when buildings rise more than 2 stories.
b. Window openings may be grouped horizontally, but trim between windows
shall be at least 3.5 inches wide. This does not apply to storefront windows.
3. Projection
a. Windows should not be flush with exterior wall treatments. Windows
should be recessed and include with an architectural surround at the jambs,
header and sill.
4. Transparency
a. Shall include a minimum of 30% of transparent fenestration (windows and
doors) on the ground floor and 10% on upper floors.
b. Clear glazing is preferred; however, the ARB may allow alternative glazing
types in applications where they are the review authority. Tinting of
windows shall be discouraged. In no case shall glazing be less than 70%
transparent for first floor windows.
c. Spandrel glass is prohibited on ground floor windows. The ARB may
consider the use of spandrel glass on non-primary, rear, or upper floor
windows. Mirrored glass with a reflectivity of less than 20% is prohibited
5. Shutters
a. Shutters are not required, however shall be sized and placed appropriately
to cover, or appear to be able to, the openings. Operable shutters are
encouraged.
6. Mullions and Muntins
a. Thin mullions or muntins shall be required on windows larger than 2 feet in
any direction, except for storefront windows or shopfronts. The depth of
the mullion shall not be less than the width
7. Storm or Security Windows
a. Location: Storm or security windows are discouraged when proposed on the
exterior of the window, however are permitted if installed on the interior of
an existing window.
d. Doors
1. Materials: wood, metal, glass, or fiberglass.
a. Prohibited Materials: Mill finished aluminum is not permitted.

24

Page 28 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
2. Transparency: Doors shall comply and count towards the transparency
requirement within this section. Transom windows and sidelights are
encouraged to meet the transparency requirement.
e. Railings and Balustrades
1. Materials: Wood, wrought iron, painted aluminum, or PVC.
2. Style: The railings shall reflect the style of the building to prevent the
introduction of a new, conflicting element.
3. Spacing: The support posts for the railing or balustrade shall be in harmony
with the window or column spacing along the façade in which it is located.
f. Columns
1. Materials: Wood, fiber cement clad, cast iron, concrete with smooth stucco
finish, cast stone with smooth finish, or brick.
2. Spacing: Column bays shall be of equal and precise proportions. Column bays
shall be located to be in harmony with the existing opening (window and door)
pattern.
6.12.4 Roofs and Coverings
a. Materials
1. Asphalt Shingles, Tile (clay, cement, natural or manufactured stone), Nonreflective pre-finished metal,
copper, and slate. Thermoplastic
Polyolefin (TPO) for parapet or flat
roofs is permitted.
2. Multiple materials on the same roof
line are generally discouraged.
3. Ancillary roofs may be a different
material, however it shall be
appropriately transitioned with
flashing and sloped.
b. Roof relationships
1. The use of pitched roofs and roof overhangs that are consistent with
neighboring buildings is encouraged.
2. Dramatic changes in roof slopes or roof types within the same block is not
encouraged.
c. Roof Forms
1. Standards Roof types: Common roof types such as gabled, hipped, shed, barrel
vaulted, flat, mono-pitch, and domed are permitted. Shed, flat, and monopitched roofs may be required to be concealed by the review body except when
used for porches, balconies, or building extensions.
a. Specific to Flat Roofs: A parapet shall be required for all flat roofs, or
primary roofs with less than a 3:12 slope. Flat roofs, even when concealed
by a parapet, shall not be permitted for buildings less than 10,000 sq. ft.
Parapet roofs are discouraged, but may be considered by the ARB if the
parapet has appropriate cornice design, caps, periodic roof line
interruptions, or used in an effort to provide variety to a multi-building site.
25

Page 29 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
b. Large Buildings with Parapet: For buildings exceeding 10,000 square feet, in
addition to complying with façade and roofline articulation requirements,
variation in the façade plane shall be required for primary facades that
exceed 50’ in length, and may be required for secondary facades by the ARB
if the building is positioned on a corner.
2. Gutters: Downspouts and gutters are discouraged on primary facades and shall
be composed of painted steel, aluminum, or copper, with finish materials to
match the predominant materials found on the building.
3. Roof penetrations, such as roof access, shall be located within the interior of the
building shall be hidden or painted to match the color of the roof.
a. Skylights, satellite dishes, antennas, or other attachments shall be placed so
they are screened from the view from the public right-of-way.
4. Slope: A slope of 4:12-12:12 is appropriate for primary roofs, while ancillary roof
slopes may be 3:12-5:12. This regulation shall not prohibit flat roofs covered by
a parapet designed in accordance within this section.
d. Awnings and Canopies
1. Size: Shall not span more than one window or door opening, except for
storefront windows that expand
over 90% of the building’s primary
façade. A minimum of 8 feet of
vertical clearance must be
maintained from the sidewalk
grade.
2. Materials: Awnings should be made
of a durable, weather fabric and
metal only.
3. Supports: It is encouraged that the
awning supports are concealed from view.
4. Colors: Colors and patterns shall be subject to the review body. In general
colors and/or patterns shall complement the building materials and colors, as
well as adjacent structures.
6.12.5 Outdoor Areas
a. Fences and Walls
1. Materials: Shall be composed of brick, ornamental metal, cast iron, wood,
stone, combination thereof, or appropriate and conforming materials that are
consistent with materials found on the primary use.
2. Location: Screening walls and fencing are allowed only in side and rear yards
and behind the front building line, with the exception of outdoor eating,
merchandise display, and play areas. For those fences or walls within the front
setback, or those on corner lots, the opaque portion shall be limited to a height
of three feet from the ground. The remainder of the wall or fencing shall be
ornamental metal and see-through.

26

Page 30 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
3. Length: 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.
4. Height: Fences and walls within the front setback, as well as side setback if
located on a corner, shall be no higher than 4’. Fences and walls used as privacy
screens on the side or rear property line may be 8’ maximum.
b. Decorative Features
1. Fountains: Shall only be approved when combined with a forecourt or similar
type entrance, or a defined open space type in Table 5.5.3.a, Open Space Types.
2. Pedestrian and Bicycle Facilities: Shall be design and composed of materials that
complete and blend in with surrounding buildings and landscaping.
3. Landscape Planters: May be used to define a perimeter of an outdoor area or
entrance. Shall be design and composed of materials that complete and blend
in with surrounding buildings and landscaping.
c. Paving
1. Materials: Brick, stone, concrete, or similar material.
2. Patterns: Patterns such as running bond, herringbone, and basket weave are
encouraged, however other patterns may be suggested that do not detract or
conflict with the architectural elements of the primary building.
3. Borders: Borders for paving areas shall be required when paving materials are
adjacent to landscaped areas. Borders are encouraged when defining patios, or
other areas that are directly adjacent to the use.
4. Crosswalks: Shall be in compliance with Section 8.6.4. Materials used for
crosswalks should be compatible with predominant materials used for the site
and/or building facades. The ARB may allow stamping or other forms of giving
texture to the crosswalk when appropriate.
6.12.6 Lighting
a. General Standards: All building façade lighting fixtures shall be limited to 1,000
lumens per fixture, and not to exceed 4,000 Kelvin. No white or clear lights shall be
permitted. All lights and lighting fixtures shall be directed towards the building,
walkway, or landscape feature. In no instance shall lights move, rotate, change
color, or be animated. In no instance shall LED signs be permitted. In no instance
shall any light fixture exceed 0.5 foot-candles as measured 12” beyond the plane of
the building or surface. Additionally, lighting fixtures are limited to 0.1 foot-candles
at 36” beyond the building feature or surface being illuminated.
b. Building Features: Lighting for building features and architectural elements are
permitted, however shall be illuminated from an exterior or projecting fixture and
not compromised of more than two colors. The fixture shall be appropriately
shielded and directed to illuminated only the intended feature, and not spill over to
any other buildings, tenant spaces, or public right-of-way.
c. Design: Design of lighting elements that are affixed to the building and within patios
or entrances shall be subject to review and shall complement the design of the
building.

27

Page 31 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
d. Pavement Lighting: Embedded or directional lighting meant to illuminate pathways
or patios, as a substitute or complement to overhead lighting, is permitted granted
that it is shielded or directed appropriately to not spill over to any other buildings,
tenant spaces, or public right-of-way.
e. Landscape lighting: Shall be in compliance with Section 7.3.10. In addition, walkways
shall have landscaping along at least 30% of their total length. Landscape lighting is
limited to 900 lumenss per fixture.
f. Freestanding Light Poles: Shall be in compliance with Section 8.7 “Lighting”, Section
3.8.7 “Measurement of Height” and subject to the review by the Architectural
Review Board. In no instance shall a pole exceed 25’ in height with the Corridor
overlay, however the ARB may reduce this height depending on context, potential
spillover, and scale. Light poles shall be permitted to have 12,000 lumens fixtures.
6.12.7 Utility, Waste, Service, and Loading Areas
a. Loading facilities, loading docks, service doors, and other service areas, shall be
located and/or screened so as not to be visible from a public street or park.
b. Project elements like mechanical equipment (except small items such as fans and
vents), utility meters, storage areas, solid waste containers (including dumpsters,
compactors, recycling containers, and solid waste and recycling handling areas),
transformers, generators, HVAC units and similar features, or other utility hardware
on the building, roof, or ground shall be screened from public view with materials
similar to the structure; OR they should be so located as not to be visible from any
public street or from adjacent buildings. No wall-mounted building utility service
equipment (e.g., electrical house panel boxes) shall be placed on the public street
right-of-way side of the building.
c. Photovoltaic panels may be considered by the ARB, where such panels must be
located within view of a public street or adjacent building in order to maximize solar
exposure.
d. All mechanical equipment shall be completely screened from the ground level of
any adjacent property with architectural materials that are consistent with those
used on the primary building.
e. Ventilation grates or emergency exit doors located at the first-floor level in the
building facade, which are oriented to any public street, should be decorative.
Unless otherwise required by the building code, such grates and doors should be
located away from pedestrian spaces (sidewalks and pedestrian paths).
f. Electrical Vehicle Charing stations may be placed on a non-primary building façade
or as standalone fixtures, however shall have neutral colors, or colors that
complement the most adjacent structure to have minimum impact.
6.12.8 Use Related Standards
In addition to the conditional use standards within Article 4, specific uses shall have the
following conditions:
a. Drive-through or Pick-up Service Windows
1. Drive-through or pick-up windows shall be prohibited on the street frontage
side of a building. When a building is located on a corner lot, drive-through
windows shall be prohibited on the side facing the street with the more traveled
28

Page 32 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
street. For financial institution and
for security reasons, a service
window may be located within a or
adjacent building entrance to allow
for adequate lighting and
surveillance.
b. Uses Related to Culture, Arts, or Local
Producers
1. Purpose: To allow the construction
or redevelopment of certain uses
that help promote the local arts and culture of the Town, as described in the
Town’s Comprehensive Plan, the ARB may allow certain design exemptions to
the following defined uses:
a. Micro-Brewery, Winery, or Distillery Exemptions
1. Build-to-lines: May be exempted from build-to-lines
2. Exterior Materials: May be allowed to use metal as a siding material,
however they shall not occupy more than 50% of the front façade.
3. Roof Materials: May be allowed to use R-panel or AG-panel, or other
corrugated metal roofing products for ancillary roofs. This shall not
include awnings.
4. Outdoor Areas: May be allowed in the front of the building façade.
b. Art Galleries or Studios
1. Exterior Materials: May be allowed to use metal as a siding material,
however they shall not occupy more than 50% of the front façade.
2. Signage: The ARB may permit decorative signage, such as object signs,
that directly relate to production of quality crafts.
3. Roof Materials: May be allowed to use R-panel or AG-panel, or other
corrugated metal roofing products for ancillary roofs. This shall not
include awnings.
c. Specialty Retail Shops (Artisanal Crafting)
1. Exterior Materials: May be allowed to use metal as a siding material,
however they shall not occupy more than 50% of the front façade.
2. Roof Materials: May be allowed to use R-panel or AG-panel, or other
corrugated metal roofing products for ancillary roofs. This shall not
include awnings.

29

Page 33 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
6.13

Interstate Design Standards
6.13.1 Introduction
a. Purpose and Scope
These guidelines aim to guide future development and ensure that new
construction, renovations, and signage enhance the visual appeal, functionality, and
overall quality of the areas adjacent to the interstate, creating a cohesive and
attractive environment for residents, businesses, and travelers. More specifically,
the objectives of the Interstate Overlay Design Guidelines are to accomplish the
following:
1. Create a welcoming and attractive business environment for new and existing
businesses.
2. Develop great first impressions for residents and visitors when they enter
Chapin by enforcing quality materials and design choices.
3. Create developments that are visually cohesive and distinguish Chapin from
another Town’s along the interstate.
4. Preserve prominent vegetation to prevent large expanses of pavement.
b. Applicability
1. Map Excerpt

30

Page 34 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
6.13.2 Building Scale and Height
a. Build-to lines
1. The maximum and minimum standards in Table 3.7 shall be conformed with in
addition to the following build to requirements:
a. 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.
6.13.3 Building Design
a. Exterior Building Materials
1. Wall materials: Building walls visible from a public street or civic space should be
primarily brick or stone masonry units, architecturally finished tilt-up concrete
panels, wood clapboard, cementitious fiber board, and exposed heavy timber.
Piecemeal embellishment and frequent changes in material and color shall be
avoided.
a. Alternative Materials
1. Exterior insulation finishing systems (EIFS) may be used as a secondary
building material including the front façade. However, EIFS is limited to
25% of the façade area on the front façade, and 50% of all other
facades. When EIFS is proposed, at least 25% of the building’s front and
side facades must be either brick or stone.
2. Green walls: Green walls, living walls, or other wall to be covered with
vines or other vegetation is permitted, but such proposals shall include
evidence to support that the type of fixture and plantings do not have a
structural effect on the wall in which it is being located.
b. Prohibited Materials: Under no circumstances should sheet plywood,
concrete block (CMU), unfinished poured concrete block, vinyl siding, metal
siding, smooth-faced concrete block, or prefabricated steel panels and
substitute materials not closely resembling painted wood clapboard.
c. Multiple Wall Materials: When 2 or more materials are used on a façade,
the heavier material should be placed below the lighter material (e.g., siding
over brick) to give the sense of support and grounding.
2. Foundation Materials: Visible foundation materials shall be finished in either
brick, stacked stone, stone, or stucco.
3. Color: Approved Town of Chapin color palette, but no more than four colors
complementary to each other will be allowed on the building.
b. Façade Treatments
1. Cornices: Cornices and other similar
elements are required to delineate
the tops of facades. Expression lines
are required to delineate the
divisions between the first floor and
upper floors
2. Façade Articulation: Long,
unarticulated or blank facades,
31

Page 35 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
including but not limited to those characterized by unrelieved repetition of
shape or form, are discouraged on any facade or portion of a facade visible or
expected to be visible from a public or private street or from primary vehicular
access points or parking areas. Specifically, projects shall conform to the
following:
1. Shall not include expanses of blank walls of 75 linear feet or greater.
2. May utilize architectural features such as pilasters, false openings,
façade step backs, downspout spacing, or other techniques acceptable
by the review body to provide interest and articulation.
b. Building Signage: All attached building signage proposed for a building,
entry, patio area, or otherwise affiliated with the principal or accessory use
shall be subject to review by the ARB. In addition to the requirements in
Article 9 Signage, ARB shall consider the following regarding signage:
1. The size is proportionately compatible with the façade or structure in
which it is affixed or mounted;
2. The colors and materials of the sign are compatible with the building,
surrounding properties, or the multi-building site;
3. Signs shall be externally lit in
addition to be shielded and
directed to prevent
spillover; and
4. The design of lights should
be of design that
complements the building
without become a dominant
architectural feature.
c. Windows
1. Materials
a. Permitted Materials: Wood, vinyl, aluminum (except mill finished),
fiberglass, wood-clad, or composite materials approved by the review body
that are similar to an approved listed material and conforms with
projection, glazing, transparency, and other requirements within this
section.
b. Prohibited Materials: Mill finished aluminum is not permitted.
2. Size
a. Facades should have several window sizes with smaller ones above. This is
particularly important when buildings rise more than 2 stories.
b. Window openings may be grouped horizontally, but trim between windows
shall be at least 3.5 inches wide. This does not apply to storefront windows.
3. Projection
a. Windows should not be flush with exterior wall treatments. Windows
should be recessed and include with an architectural surround at the jambs,
header and sill.
4. Transparency
32

Page 36 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
a. Shall include a minimum of 20% of transparent fenestration (windows and
doors) on the ground floor.
b. Clear glazing is preferred; however, the ARB may allow alternative glazing
types in applications where they are the review authority. Tinting of
windows shall be discouraged. In no case shall glazing be less than 70%
transparent for first floor windows.
c. Spandrel glass is prohibited on windows on the primary façade. The ARB
may consider the use of spandrel glass on non-primary, rear, or upper floor
windows, however spandrel glass cannot remedy transparency percentage
requirements. Mirrored glass with a reflectivity of less than 20% is
prohibited on primary facades.
5. Shutters
a. Shutters are not required, however shall be sized and placed appropriately
to cover, or appear to be able to, the openings. Operable shutters are
encouraged.
6. Mullions and Muntins
a. Thin mullions or muntins shall be required on windows larger than 2 feet in
any direction, except for storefront windows or shopfronts. The depth of
the mullion shall not be less than the width
7. Storm or Security Windows
a. Location: Storm or security windows are discouraged when proposed on the
exterior of the window, however are permitted if installed on the interior of
an existing window.
d. Doors
1. Materials: wood, metal, glass, or fiberglass.
a. Prohibited Materials: Mill finished aluminum is not permitted.
2. Transparency: Doors shall comply and count towards the transparency
requirement within this section. Transom windows and sidelights are
encouraged to meet the transparency requirement.
e. Railings and Balustrades
1. Materials: Wood, wrought iron, painted aluminum, or PVC.
2. Style: The railings shall reflect the style of the building to prevent the
introduction of a new, conflicting element.
3. Spacing: The support posts for the railing or balustrade shall be in harmony
with the window or column spacing along the façade in which it is located.
f. Columns
1. Materials: Wood, fiber cement clad, cast iron, concrete with smooth stucco
finish, cast stone with smooth finish, or brick.
2. Spacing: Column bays shall be of equal and precise proportions. Column bays
shall be located to be in harmony with the existing opening (window and door)
pattern.
6.13.4 Roofs and Coverings
a. Materials

33

Page 37 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
1. Asphalt Shingles, Tile (clay, cement, natural or manufactured stone), Nonreflective pre-finished metal, copper, and slate, or similar material as
determined by the ARB. Thermoplastic Polyolefin (TPO) for parapet or flat roofs
is permitted.
2. Multiple materials on the same roof line are generally discouraged.
3. Ancillary roofs may be a different material, however it shall be appropriately
transitioned with flashing and sloped.
b. Roof relationships
1. The use of pitched roofs and roof overhangs that are consistent with
neighboring buildings is encouraged.
2. Dramatic changes in roof slopes or roof types within the same block is not
encouraged.
c. Roof Forms
1. Standards Roof types: Common roof types such as gabled, hipped, shed, barrel
vaulted, flat, mono-pitch, and domed are permitted. Shed, flat, and monopitched roofs may be required to be concealed by the review body except when
used for porches, balconies, or building extensions.
a. Specific to Flat Roofs: A parapet shall be required for all flat roofs, or
primary roofs with less than a 3:12 slope. Flat roofs, even when concealed
by a parapet, shall not be permitted for buildings less than 10,000 sq. ft.
Parapet roofs are discouraged, but may be considered by the ARB if the
parapet has appropriate cornice design, caps, periodic roof line
interruptions, or used in an effort to provide variety to a multi-building site.
b. Large Buildings with Parapet: For buildings exceeding 10,000 square feet, in
addition to complying with façade and roofline articulation requirements,
variation in the façade plane shall be required for primary facades that
exceed 75’ in length, and may be required for secondary facades by the ARB
if the building is positioned on a corner.
2. Gutters: Downspouts and gutters are discouraged on primary facades and shall
be composed of painted steel, aluminum, or copper, with finish materials to
match the predominant materials found on the building.
3. Roof penetrations, such as roof access, shall be located within the interior of the
building shall be hidden or painted to match the color of the roof.
a. Skylights, satellite dishes, antennas, or other attachments shall be placed so
they are screened from the view from the public right-of-way.
4. Slope: A slope of 4:12-12:12 is appropriate for primary roofs, while ancillary roof
slopes may be 3:12-5:12. This regulation shall not prohibit flat roofs covered by
a parapet designed in accordance within this section.
d. Awnings and Canopies
1. Size: Shall not span more than one window or door opening, except for
storefront windows that expand over 90% of the building’s primary façade. A
minimum of 8 feet of vertical clearance must be maintained from the sidewalk
grade.

34

Page 38 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
2. Materials: Awnings should be made of a durable, weather fabric and metal
only.
3. Supports: It is encouraged that the awning supports are concealed from view.
4. Colors: Colors and patterns shall be subject to the review body. In general
colors and/or patterns shall complement the building materials and colors, as
well as adjacent structures.
6.13.5 Outdoor Areas
a. Fences and Walls
1. Materials: Shall be composed of brick, ornamental metal, cast iron, wood,
stone, combination thereof, or appropriate and conforming materials that are
consistent with materials found on the primary use.
2. Location: Screening walls and fencing are allowed only in side and rear yards
and behind the front building line, with the exception of outdoor eating,
merchandise display, and play areas. For those fences or walls within the front
setback, or those on corner lots, the opaque portion shall be limited to a height
of three feet from the ground. The remainder of the wall or fencing shall be
ornamental metal and see-through.
3. Length: 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.
4. Height: Fences and walls within the
front setback, as well as side
setback if located on a corner, shall
be no higher than 4’. Fences and
walls used as privacy screens on the
side or rear property line may be 8’
maximum.
b. Decorative Features
1. Fountains: Shall not be designed as the predominant architectural feature,
however may be placed at pedestrian or vehicular entrances.
2. Pedestrian and Bicycle Facilities: Shall be design and composed of materials that
complete and blend in with surrounding buildings and landscaping.
3. Landscape Planters: May be used to define a perimeter of an outdoor area or
entrance. Shall be design and composed of materials that complete and blend
in with surrounding buildings and landscaping.
c. Paving
1. Materials: Brick, stone, concrete, or similar material.
2. Patterns: Patterns such as running bond, herringbone, and basket weave are
encouraged, however other patterns may be suggested that do not detract or
conflict with the architectural elements of the primary building.
3. Borders: Borders for paving areas shall be required when paving materials are
adjacent to landscaped areas. Borders are encouraged when defining patios, or
other areas that are directly adjacent to the use.
35

Page 39 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
4. Crosswalks: Shall be in compliance
with Section 8.6.4. Materials used
for crosswalks should be
compatible with predominant
materials used for the site and/or
building facades. The ARB may
allow stamping or other forms of
giving texture to the crosswalk
when appropriate.
6.13.6 Lighting
a. General Standards: All lighting fixtures shall be limited to 1,000 lumens per fixture,
and not to exceed 4,000 Kelvin. No white or clear lights shall be permitted. All
lights and lighting fixtures shall be directed towards the building, walkway, or
landscape feature. In no instance shall lights move, rotate, change color, or be
animated. In no instance shall any light fixture exceed 0.5 foot-candles as measured
12” beyond the plane of the building or surface. Additionally, lighting fixtures are
limited to 0.1 foot-candles at 36” beyond the building feature or surface being
illuminated.
b. Building Features: Lighting for building features and architectural elements are
permitted, however shall be illuminated from an exterior or projecting fixture and
not compromised of more than two colors. The fixture shall be appropriately
shielded and directed to illuminated only the intended feature, and not spill over to
any other buildings, tenant spaces, or public right-of-way.
c. Design: Design of lighting elements that are affixed to the building and within patios
or entrances shall be subject to review and shall complement the design of the
building.
d. Pavement Lighting: Embedded or directional lighting meant to illuminate pathways
or patios, as a substitute or complement to overhead lighting, is permitted granted
that it is shielded or directed appropriately to not spill over to any other buildings,
tenant spaces, or public right-of-way.
e. Landscape lighting: Shall be in compliance with Section 7.3.10. In addition, walkways
shall have landscaping along at least 30% of their total length.
f. Light Poles: Shall be in compliance with Section 8.7 “Lighting”, Section 3.8.7
“Measurement of Height” and subject to the review by the Architectural Review
Board. In no instance shall a pole exceed 40’ in height with the Interstate overlay,
however the ARB may reduce this height depending on context, potential spillover,
and scale. Light poles shall be permitted to have 12,000 lumens fixtures.
6.13.7 Utility, Waste, Service, and Loading Areas
a. Loading facilities, loading docks, service doors, and other service areas, shall be
located and/or screened so as not to be visible from a public street or park.
b. Project elements like mechanical equipment (except small items such as fans and
vents), utility meters, storage areas, solid waste containers (including dumpsters,
compactors, recycling containers, and solid waste and recycling handling areas),
transformers, generators, HVAC units and similar features, or other utility hardware
36

Page 40 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
on the building, roof, or ground shall be screened from public view with materials
similar to the structure; OR they should be so located as not to be visible from any
public street or from adjacent buildings. No wall-mounted building utility service
equipment (e.g., electrical house panel boxes) shall be placed on the public street
right-of-way side of the building.
c. Photovoltaic panels may be considered by the ARB, where such panels must be
located within view of a public street or adjacent building in order to maximize solar
exposure.
d. All mechanical equipment shall be completely screened from the ground level of
any adjacent property with architectural materials that are consistent with those
used on the primary building.
e. Ventilation grates or emergency exit doors located at the first-floor level in the
building facade, which are oriented to any public street, should be decorative.
Unless otherwise required by the building code, such grates and doors should be
located away from pedestrian spaces (sidewalks and pedestrian paths).
f. Electrical Vehicle Charing stations may be placed on a non-primary building façade
or as standalone fixtures, however shall have neutral colors, or colors that
complement the most adjacent structure to have minimum impact.
6.13.8 Use Related Standards
In addition to the conditional use standards
within Article 4, specific uses shall have the
following conditions:
a. Drive-through or Pick-up Service
Windows
1. Drive-through or pick-up windows
shall be prohibited on the street
frontage side of a building. When a
building is located on a corner lot, drive-through windows shall be prohibited on
the side facing the street with the more traveled street. For financial institution
and for security reasons, a service window may be located within a or adjacent
building entrance to allow for adequate lighting and surveillance.
b. Uses Related to Culture, Arts, or Local Producers
1. Purpose: To allow the construction or redevelopment of certain uses that help
promote the local arts and culture of the Town, the ARB may allow certain
design exemptions to the following defined uses:
a. Micro-Brewery, Winery, or Distillery Exemptions
1. Build-to-lines: May be exempted from build-to-lines
2. Exterior Materials: May be allowed to use metal as a siding material,
however they shall not occupy more than 50% of the front façade.
3. Roof Materials: May be allowed to use R-panel or AG-panel, or other
corrugated metal roofing products for ancillary roofs. This shall not
include awnings.
4. Outdoor Areas: May be allowed in the front of the building façade.
b. Art Galleries or Studios
37

Page 41 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
1. Exterior Materials: May be allowed to use metal as a siding material,
however they shall not occupy more than 50% of the front façade.
2. Signage: The ARB may permit decorative signage, such as object signs,
that directly relate to production of quality crafts.
3. Roof Materials: May be allowed to use R-panel or AG-panel, or other
corrugated metal roofing products for ancillary roofs. This shall not
include awnings.
c. Specialty Retail Shops (Artisanal Crafting)
1. Exterior Materials: May be allowed to use metal as a siding material,
however they shall not occupy more than 50% of the front façade.
2. Roof Materials: May be allowed to use R-panel or AG-panel, or other
corrugated metal roofing products for ancillary roofs. This shall not
include awnings.

38

Page 42 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
6.14

Craftsman Overlay
6.14.1 Introduction
a. Purpose and Intent
b. Applicability: All properties, existing or created, that have frontage and/or having
access off of Lexington Avenue and identified by the corresponding map. The
overlay district will start at the intersection of (blank), traveling southward on
Lexington Avenue and Old Lexington Avenue until the Town Boundary.
1. Map of Boundaries

c. Alternative Designs: No to stifle or limit creativity. The applicant may propose
additional or alternative designs, however they shall provide evidence that the
proposed design is appropriate for the craftsman or bungalow architectural style.
d. Exceptions: If there is another architectural style present on a nonconforming
building, the ARB may waive the requirements to prevent the creation of conflicting
39

Page 43 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
architectural elements that can disrupt a buildings features, original design, or
original materials.
6.14.2 Building Scale and Height
a. Building Height: Craftsman style buildings usually do not exceed 1.5 stories, or
about 25’, however the ARB shall consider the craftsman elements in a new
building, the proposed use, and the context in which the building is proposing when
reviewing the building’s height.
b. Shape: The overall shape of the building footprint should be rectangular. An LShaped to accommodate for a side porch, or secondary entrance is also encouraged.
An L-Shape building footprint may be required by the ARB to prevent and balance
long or wide buildings.
6.14.3 Building Design
a. Exterior Building Materials
1. Façade Materials: The predominant material shall be either wood shiplap
siding. Fiber cement board, or similar product, is permitted.
a. Prohibited Materials: Under no circumstances should stacked stone, sheet
plywood, concrete block (CMU), unfinished poured concrete block, vinyl
siding, metal siding, smooth-faced concrete block, tilt-up concrete panels or
prefabricated steel panels and substitute materials not closely resembling
painted wood clapboard.
2. Foundation Materials: Materials
that form the foundation, column
bases, or steps may be brick or
stone (except stacked stone)
3. Exterior Colors: Shall be approved
by the ARB and comply with the
approved paint color palette of the Town.
b. Façade Treatments
1. Façade Articulation: Long, unarticulated or blank facades, including but not
limited to those characterized by unrelieved repetition of shape or form, are
discouraged on any facade or portion of a facade visible or expected to be
visible from a public or private street or from primary vehicular access points or
parking areas. Specifically, projects shall conform to the following:
1. Shall not include expanses of blank walls (without any windows or
doors) of 50 linear feet or greater.
2. May utilize architectural features or architectural divisions such as
pilasters, false openings, or other technique acceptable by the review
body to provide interest and articulation.
c. Building Signage
1. All attached building signage proposed for a building, entry, patio area, or
otherwise affiliated with the principal or accessory use shall be subject to review
by the ARB. In addition to the requirements in Article 9 Signage, ARB shall
consider the following regarding signage:

40

Page 44 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
a. The size is proportionately compatible with the façade or structure in which
it is affixed or mounted;
b. The colors and materials of the sign are compatible with the building,
surrounding properties, or the multi-building site;
c. Signs shall be externally lit in addition to be shielded and directed to
prevent spillover; and
d. The design of lights should be of design that complements the building
without become a dominant architectural feature.
d. Entrances
1. Type Required: Front porch entrance type required. Handicap accessible ramps
shall be positioned on the side façade or to the side of the primary entrance
while providing direct access to pedestrian facilities.
e. Columns
1. Shape: Shall be tapered down to be ad the widest at the base.
2. Column Materials: Shall be either wood, fiber cement, or finished with smooth
stucco.
3. Column Base: Shall be finished in either brick, stone, or wooden shingles.
f. Windows
1. Materials: Permitted materials
for windows include wood,
vinyl, aluminum (except mill
finished), fiberglass, wood-clad,
or composite materials
approved by the review body
that are similar to an approved
listed material and conforms
with projection, glazing,
transparency, and other
requirements within this section.
2. Transparency: Facades that face a public right-of-way or parking lot shall be
required to include 20% of transparency fenestration on the ground floor.
Dormers that are useable or false. Ground floor windows shall be at least 70%
transparent. The ARB may modify the transparency requirement in cases where
a financial institution, medical facility, or similar facility requires privacy or
security. Spandrel glass is prohibited.
3. Size: Facades should have several window sizes with smaller ones above. This is
particularly important when buildings rise more than 2 stories. Window
openings may be grouped horizontally, but trim between windows shall be at
least 3.5 inches wide.
4. Projection: Windows should not be flush with exterior wall treatments.
Windows should be recessed and include with an architectural surround at the
jambs, header and sill.
5. Shutters: Shutters shall be sized and placed appropriately to cover, or appear to
be able to, the openings. Operable shutters are encouraged.
41

Page 45 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
6. Mullions and Muntins: Thin mullions or muntins shall be required on windows
larger than 2 feet in any direction, except for shopfronts. The depth of the
mullion shall not be less than the width
g. Doors
1. Materials: wood, metal, glass, or fiberglass.
a. Prohibited Materials: Mill finished aluminum is not permitted.
6.14.4 Roofs
a. Materials: Asphalt or wooden shingles required. The ARB may approve nonreflective metal in some instances, however R-panel, AG-Panel, or any other
corrugated metal shall not be permitted.
b. Roof Types: The use of one or more of the roof types is required; Hipped, Front
Facing Gable, Cross Gable, or Side Gable. No flat roofs permitted.
c. Roof Elements: The use of overhanging eaves and exposed rafters are required. The
following may be used or required by the ARB during review. Dormers and other
craftsman style roof penetrations are permitted. No mechanical, utility, or
ventilation elements shall be located on the roof. Roof access shall be internal, or
located on a façade that is not directly visible form the public right-of-way or
parking areas.
d. Roof Slope: Craftsman roof slopes are
encouraged to at or under a 4 over 12
slopes. In no instance shall a roof be
more than 6 over 12.
6.14.5 Porches
a. Steps: Front steps leading to the porch
entrances are required, and shall be
directly adjacent to a sidewalk.
b. Handrails and Balustrade: Appearance
of handcrafted or supported with historical or other evidence that it is emulating
the craftsman/bungalow architecture
6.14.6 Outdoor Areas
a. Fences and Walls
1. Materials: Shall be composed of brick, ornamental metal, cast iron, wood,
stone, combination thereof, or appropriate and conforming materials that are
consistent with materials found on the primary use.
2. Location: Screening walls and fencing are allowed only in side and rear yards
and behind the front building line, with the exception of outdoor eating,
merchandise display, and play areas. For those fences or walls within the front
setback, or those on corner lots, the opaque portion shall be limited to a height
of three feet from the ground. The remainder of the wall or fencing shall be
ornamental metal and see-through.
3. Length: 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.

42

Page 46 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
4. Height: Fences and walls within the front setback, as well as side setback if
located on a corner, shall be no higher than 4’. Fences and walls used as privacy
screens on the side or rear property line may be 8’ maximum.
b. Decorative Features
1. Fountains: Shall only be approved when combined with a forecourt or similar
type entrance, or a defined open space type in Table 5.5.3.a, Open Space Types.
2. Pedestrian and Bicycle Facilities: Shall be design and composed of materials that
complete and blend in with surrounding buildings and landscaping.
3. Landscape Planters: May be used to define a perimeter of an outdoor area or
entrance. Shall be design and composed of materials that complete and blend
in with surrounding buildings and landscaping.
c. Paving
1. Materials: Brick, stone, concrete, or similar material.
2. Patterns: Patterns such as running bond, herringbone, and basket weave are
encouraged, however other patterns may be suggested that do not detract or
conflict with the architectural elements of the primary building.
3. Borders: Borders for paving areas shall be required when paving materials are
adjacent to landscaped areas. Borders are encouraged when defining patios, or
other areas that are directly adjacent to the use.
4. Crosswalks: Shall be in compliance with Section 8.6.4. Materials used for
crosswalks should be compatible with predominant materials used for the site
and/or building facades. The ARB may allow stamping or other forms of giving
texture to the crosswalk when appropriate.
6.14.7 Lighting
a. General Standards: All lighting fixtures shall be limited to 1,000 lumens per fixture,
and not to exceed 4,000 Kelvin. No white or clear lights shall be permitted. All
lights and lighting fixtures shall be directed towards the building, walkway, or
landscape feature. In no instance shall lights move, rotate, change color, or be
animated. In no instance shall LED signs be permitted. In no instance shall any light
fixture exceed 0.5 foot-candles as measured 12” beyond the plane of the building or
surface. Additionally, lighting fixtures are limited to 0.1 foot-candles at 36” beyond
the building feature or surface being illuminated.
b. Design: Design of lighting elements that are affixed to the building and within patios
or entrances shall be subject to review and shall complement the design of the
building.
c. Pavement Lighting: Embedded or directional lighting meant to illuminate pathways
or patios, as a substitute or complement to overhead lighting, is permitted granted
that it is shielded or directed appropriately to not spill over to any other buildings,
tenant spaces, or public right-of-way.
d. Landscape lighting: Shall be in compliance with Section 7.3.10. In addition, walkways
shall have landscaping along at least 30% of their total length.
e. Freestanding Light Poles: Shall be in compliance with Section 8.7, Lighting, and
subject to the review by the Architectural Review Board. In no instance shall a pole
exceed 25’ in height.
43

Page 47 of 173

Article 6 Overlay District Design Standards – Draft_v2 – 12.12.23
6.14.8 Utility, Waste, Service, and Loading Areas
a. Loading facilities, loading docks, service doors, and other service areas, shall be
located and/or screened so as not to be visible from a public street or park.
b. Project elements like mechanical equipment (except small items such as fans and
vents), utility meters, storage areas, solid waste containers (including dumpsters,
compactors, recycling containers, and solid waste and recycling handling areas),
transformers, generators, HVAC units and similar features, or other utility hardware
on the ground shall be screened from public view with materials similar to the
structure; OR they should be so located as not to be visible from any public street or
from adjacent buildings. No wall-mounted building utility service equipment (e.g.,
electrical house panel boxes) shall be placed on the building.
c. All mechanical equipment shall be completely screened from the ground level of
any adjacent property with brick, stone, wooden clapboard siding, or fiber cement
board, or other materials that are consistent with those used on the primary
building.
d. Ventilation grates or emergency exit doors located at the first-floor level in the
building facade, which are oriented to any public street, should be decorative.
Unless otherwise required by the building code, such grates and doors should be
located away from pedestrian spaces (sidewalks and pedestrian paths).
e. Electrical Vehicle Charing stations may be placed on a non-primary building façade
or as standalone fixtures, however shall have neutral colors, or colors that
complement the most adjacent structure to have minimum impact.

44

Page 48 of 173

UDO Combined Draft_v1 – MRB Group

(RESERVED FOR TITLE PAGE)

1

Page 49 of 173

UDO Combined Draft_v1 – MRB Group

Table of Contents
Table of Contents .......................................................................................................................................... 2
Article A: Article Descriptions ...................................................................................................................... 6
Article B: How to use this Code..................................................................................................................... 9
1.0

Article 1: General Provisions ........................................................................................................... 12

1.1.

Title ............................................................................................................................................. 12

1.2.

Authority ..................................................................................................................................... 12

1.3.

Jurisdiction .................................................................................................................................. 12

1.4.

Purpose and Intent ..................................................................................................................... 13

1.5.

Consistency With Comprehensive Plan ...................................................................................... 14

1.6.

Conformity With All Standards ................................................................................................... 14

1.7.

Transitional Provisions ................................................................................................................ 14

1.8.

Severability.................................................................................................................................. 15

1.9.

Effective Date .............................................................................................................................. 15

2.0

Development Review Bodies .......................................................................................................... 16

2.1.

Town Council............................................................................................................................... 16

2.2.

Planning Commission .................................................................................................................. 16

2.3.

Board of Zoning Appeals ............................................................................................................. 18

2.4.

Architectural Review Board ........................................................................................................ 20

2.5.

Building Official ........................................................................................................................... 21

2.6.

Planning and Zoning Manager .................................................................................................... 21

2.7.

Coordination with Other Governing Bodies ............................................................................... 22

3.0

Zoning Districts and Boundaries ..................................................................................................... 23

3.1.

Purpose and Intent ..................................................................................................................... 23

3.2.

Official Zoning Map ..................................................................................................................... 23

3.3.

Interpretation of District Boundaries.......................................................................................... 26

3.4.

Lot Divided by District Boundaries .............................................................................................. 26

3.5.

Changes ....................................................................................................................................... 26

3.6.

Establishment of Zoning Districts ............................................................................................... 27

Table 3.6.1. Establishment of Zoning Districts .................................................................................... 27
3.7.

District Development Standards ................................................................................................. 31

Table 3.7.1: District Dimensional Standards ....................................................................................... 33
3.8.

General Lot and Building Standards............................................................................................ 34
2

Page 50 of 173

UDO Combined Draft_v1 – MRB Group
4.0

Land Use Provisions ........................................................................................................................ 38

4.1.

Purpose and Intent ..................................................................................................................... 38

4.2.

Applicability................................................................................................................................. 38

4.3.

Table of Permitted Uses .............................................................................................................. 38

Table 4.3.2 – Table of Permitted Uses ................................................................................................ 39
4.4.

Conditional Use and Special Exception Standards ...................................................................... 42

4.5.

Accessory Uses and Structures ................................................................................................... 55

4.6.

Sexually Oriented Businesses...................................................................................................... 62

4.7.

Telecommunication Tower ......................................................................................................... 70

4.8.

Temporary Uses .......................................................................................................................... 74

5.0

Land Development Standards ......................................................................................................... 75

5.1.

Purpose ....................................................................................................................................... 76

5.2.

Applicability................................................................................................................................. 76

5.3.

General Requirements ................................................................................................................ 76

5.4.

Open Space ................................................................................................................................. 87

5.5.

Alternative Development Patterns ............................................................................................. 94

5.6.

Traffic Impact Study .................................................................................................................. 100

6.0
6.1.
7.0

Overlay Design Standards ............................................................................................................. 101
[Placeholder] ............................................................................................................................. 101
Landscaping................................................................................................................................... 102

7.1.

Purpose and Intent ................................................................................................................... 102

7.2.

Administration .......................................................................................................................... 102

7.3.

Landscaping Standards ............................................................................................................. 104

7.4.

Parking Landscaping.................................................................................................................. 107

7.5.

Perimeter Buffering .................................................................................................................. 108

7.6.

Tree Protection and Preservation ............................................................................................. 114

8.0

Parking .......................................................................................................................................... 121

8.1.

Purpose and Intent ................................................................................................................... 121

8.2.

Applicability............................................................................................................................... 121

8.3.

General Standards..................................................................................................................... 122

8.4.

Minimum Off-Street Parking Requirements ............................................................................. 124

8.5.

Design Standards for Parking Lots ............................................................................................ 128

8.6.

Pedestrian Access ..................................................................................................................... 131
3

Page 51 of 173

UDO Combined Draft_v1 – MRB Group
8.7.
9.0

Lighting ...................................................................................................................................... 132
Signs .............................................................................................................................................. 133

9.1.

Purpose and Intent ................................................................................................................... 133

9.2.

Applicability............................................................................................................................... 134

9.3.

General Provisions .................................................................................................................... 134

9.4.

Freestanding Signs .................................................................................................................... 136

9.5.

Attached Signs........................................................................................................................... 137

9.6.

Other Signs that Require a Sign Permit..................................................................................... 138

9.7.

Other Signs ................................................................................................................................ 140

9.8.

Violations .................................................................................................................................. 143

10.0

Development Review Procedures ................................................................................................. 144

10.1.

Purpose and General Standards ........................................................................................... 144

10.2.

Application Procedures ......................................................................................................... 145

10.3.

Application Requirements .................................................................................................... 146

10.4.

Zoning Permit ........................................................................................................................ 147

10.5.

Architectural Review, Minor ................................................................................................. 148

10.6.

Architectural Review (Major) ................................................................................................ 150

10.7.

Subdivision Review................................................................................................................ 152

10.8.

Minor Subdivision ................................................................................................................. 153

10.9.

Major Subdivision ................................................................................................................. 154

10.10.

Administrative Adjustment ................................................................................................... 157

10.11.

Special Exception .................................................................................................................. 159

10.12.

Variance ................................................................................................................................ 160

10.13.

Administrative Appeals ......................................................................................................... 162

10.14.

Amendments and Rezonings ................................................................................................ 163

10.15.

Vested Rights and Expiration of Approvals ........................................................................... 166

11.0

Nonconformities ........................................................................................................................... 168
Purpose and Intent ....................................................................................................................... 168

11.1. ...................................................................................................................................................... 168
11.2.

Authority to Continue ........................................................................................................... 168

11.3.

Determination ....................................................................................................................... 168

11.4.

Change of Tenancy or Ownership ......................................................................................... 168

11.5.

Minor Repairs and Maintenances ......................................................................................... 168
4

Page 52 of 173

UDO Combined Draft_v1 – MRB Group
11.6.

Historic Buildings................................................................................................................... 168

11.7.

Legal Nonconforming Uses ................................................................................................... 169

11.8.

Nonconforming Lots of Record ............................................................................................. 170

11.9.

Nonconforming Structures ................................................................................................... 170

11.10.

Nonconforming Signs ............................................................................................................ 171

11.11.

Nonconforming Site Features ............................................................................................... 171

12.0

Violations and Enforcement ......................................................................................................... 173

12.1.

Violations Generally .............................................................................................................. 173

12.2.

Enforcement.......................................................................................................................... 173

Appendix ................................................................................................................................................... 176
13.0

Definitions ..................................................................................................................................... 176

14.0

Town of Chapin Tree List............................................................................................................... 201

15.0

Approved Color Palette ................................................................................................................. 201

16.0

Unified Development Review Permit and Fee Schedule .............................................................. 201

5

Page 53 of 173

UDO Combined Draft_v1 – MRB Group

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 which outlines 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, there are regulations that dictate 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 accessed by 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.

6

Page 54 of 173

UDO Combined Draft_v1 – MRB Group
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)
• Blank (-) cell indicates the use is not permitted within the zoning district.
If the Permitted Use Table indicates a desired use is allowed only with Conditional (C) or by Special
Exception (SE), the user will find details in the subsequent sections regarding additional 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, homebased business, or a drive-thru window at a bank or restaurant. The Accessory Use Table details in 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.”
Article 7: Tree Preservation, Buffers, and Landscaping
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
7

Page 55 of 173

UDO Combined Draft_v1 – MRB Group
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 on-premise
signage. Characteristics, such as design and scale, of signage have an overall impact on the aesthetic of
the community. 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, materials, 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.
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 imply 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
8

Page 56 of 173

UDO Combined Draft_v1 – MRB Group
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
violations are cited and are not corrected and/or attempts to correct are not completed in a timely
manner, such violations 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.

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,
9

Page 57 of 173

UDO Combined Draft_v1 – MRB Group
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
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 - 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 to being reviewed and determined by

10

Page 58 of 173

UDO Combined Draft_v1 – MRB Group
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)

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)

11

Page 59 of 173

UDO Combined Draft_v1 – MRB Group

1.0

Article 1: 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
12

Page 60 of 173

UDO Combined Draft_v1 – MRB Group
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 exists for the property in question. However, in case of
a conflict in which this Code is stricter than the covenants, this Code
shall govern.
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:
g. Embrace the Greater Chapin Community while preserving cultural heritage
and small-town feel
h. Work with regional partners to facilitate well-planned growth
i. Protect scenic and critical natural resources including areas surrounding
Lake Murray
j. Enhance transportation infrastructure by promoting connectivity
k. Preserve and create open spaces for public gathering and enjoyment
l. Develop and enhance the Town Center as a central gathering place
13

Page 61 of 173

UDO Combined Draft_v1 – MRB Group
m. Expand the availability of quality housing options
n. Promote the local economy
o. Enhance quality of life through quality design
1.5.

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
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

14

Page 62 of 173

UDO Combined Draft_v1 – MRB Group
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.
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].

15

Page 63 of 173

UDO Combined Draft_v1 – MRB Group

2.0

Development Review Bodies
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:

16

Page 64 of 173

UDO Combined Draft_v1 – MRB Group
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
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.

17

Page 65 of 173

UDO Combined Draft_v1 – MRB Group
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.
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.

18

Page 66 of 173

UDO Combined Draft_v1 – MRB Group
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
independent judgment and shall be able to prepare for and attend board
meetings.
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
end on December 31st of the applicable calendar year, and members must
continue to serve until their successors are appointed.
c. Vacancies: Any vacancy in the membership shall be filled for the unexpired
term in the same manner as the initial appointment.
d. Removal: The Town Council may remove any member of the BZA for cause.
e. 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.
2.3.3. 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.

19

Page 67 of 173

UDO Combined Draft_v1 – MRB Group
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
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:
20

Page 68 of 173

UDO Combined Draft_v1 – MRB Group
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
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.
2.4.3. 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.
2.5.

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.

2.6.

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

21

Page 69 of 173

UDO Combined Draft_v1 – MRB Group
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
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.

22

Page 70 of 173

UDO Combined Draft_v1 – MRB Group

3.0

Zoning Districts and Boundaries
3.1.
Purpose and Intent
For the purposes of this Ordinance, the various districts have been categorized as
Zoning 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 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.

23

Page 71 of 173

UDO Combined Draft_v1 – MRB Group

24

Page 72 of 173

UDO Combined Draft_v1 – MRB Group

25

Page 73 of 173

UDO Combined Draft_v1 – MRB Group

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 (BZA). The Town Staff, and
the BZA, in interpreting the Zoning Map or deciding any appeal shall apply the following
standards:
3.3.1. Boundaries indicated as approximately following the centerlines of streets,
highways or alleys shall be construed as following such centerlines:
3.3.2. Boundaries indicated as approximately following platted lot lines shall be
construed as following such lot lines;
3.3.3. Boundaries indicated as approximately following political boundaries shall be
construed as following such boundaries;
3.3.4. Boundaries indicated as following railroad lines shall be construed to be midway
between the main tracks or to follow the centerline of single tracks;
3.3.5. Boundaries indicated as following the centerlines of waterways, marshes or
ditches shall be construed as following such lines;
3.3.6. 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
3.3.7. 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.
26

Page 74 of 173

UDO Combined Draft_v1 – MRB Group

3.6.

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
3.6.1. The following zoning districts are hereby established:

Table 3.6.1. Establishment of Zoning Districts
Description
(RA) Rural Agricultural District: The intent of
the RA district is to establish and preserve areas
primarily for agriculture and rural dwellings,
conservation subdivisions, forest management
and various other very low density 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,
encourage low-impact developments such as
conservation subdivisions, and to protect
natural and agricultural areas by limiting and
regulating commercial development.

Illustration

27

Page 75 of 173

UDO Combined Draft_v1 – MRB Group
SR1, Suburban Residential District 1: SR1
districts are intended to be single family
residential areas with detached units and low
population densities. Conservation subdivisions
are permitted as a conditional use.

SR2, Suburban Family Residential District 2:
SR2 districts are intended to be single family
residential areas with detached units and low
population densities. Conservation subdivisions
are permitted as a conditional use.

SR3, Suburban Family Residential District 3:
SFR3 districts are intended to be the medium
density single family residential areas with
detached units. Conservation subdivisions are
permitted as a conditional use.

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

28

Page 76 of 173

UDO Combined Draft_v1 – MRB Group
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 such as zero
lot line homes and rowhome developments.

TR3, Town Residential District 3: The purpose
of the TR3 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.
VC, Village Commercial District: 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: 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. Denser
residential uses are permitted when paired with
commercial uses
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.

29

Page 77 of 173

UDO Combined Draft_v1 – MRB Group
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.

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.

30

Page 78 of 173

UDO Combined Draft_v1 – MRB Group
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 where existing zoning district cannot
permit. A planned development district may be
predominantly 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.

Source: Laurel Island PUD, Charleston, SC

District Development Standards

(ON NEXT PAGE

31

Page 79 of 173

UDO Combined Draft_v1 – MRB Group

32

Page 80 of 173

Table 3.7.1: District Dimensional Standards
ZONING DISTRICTS
RA
RR
SR1
SR2
SR3
TR1
TR2
TR3
VC
LOT CONFIGURATION
Lot Width, Minimum
200'
100'
75'
60'
50'
40'
40'
50'
40'
Lot Size, Minimum
5 acres 2.5 acres 1 acre .5 acre .25 acre 8,750 sq. ft. 6,500 sq. ft 5,500 sq. ft. 4,000 sq. ft.
Maximum Lot Coverage
25%
25%
25%
30%
45%
50%
65%
75%
None
1
PRINCIPAL BUILDING PLACEMENT
Front Setback, minimum
50'
50'
25'
25'
25'
15'
10'
0'
0'
2
Front Setback, maximum
None
None
None None
None
25'
25'
25'
15'
Side Setback (Corner)
20'
20'
10'
10'
10'
10'
10'
10'
None
Side Setback
20'
20'
10'
10'
10'
10'
10'
10'
None
Rear Setback
20'
20'
20'
20'
20'
15'
15'
10'
10'
Building Height
50'
50'
35'
35'
35'
35'
35'
50'
35'
S-48 (Columbia Avenue)
30’
30’
30’
30’
30’
30’
30’
30’
30’
From New Bridge to New Road 2 (Heelsplitter Boulevard) ³
US 76 (Chapin Road)
20’
20’
20’
20’
20’
20’
20’
20’
20’
From Town Boundary traveling west to S-49 (Clark Street)³
US 76 (Chapin Road)
45’
45’
45’
45’
45’
45’
45’
45’
45’
From S-49 (Clark Street) to S-29 (Saint Peters Church Road) 3
US 76 (Chapin Road)
10’
10’
10’
10’
10’
10’
10’
10’
10’
From S-29 (Saint Peters Church Road) to Town Boundary traveling west³
ACCESSORY BUILDING PLACEMENT
Front Setback4
None
None
0'
0'
0'
5'
5'
5'
10'
Side Setback (Corner)
10'
10'
5'
5'
5'
5'
5'
5'
5'
Side Setback
10'
10'
5'
5'
5'
5'
5'
5'
5'
Rear Setback
10'
10'
5'
5'
5'
5'
5'
5'
5'
5
Height

TC

PI

CC

IC

OC

LI

PO

None 50'
50'
50'
50'
75'
None
None None None None None 10,000 sq. ft. None
None None 70% 70% 70%
None
None
0'
25
15
15
25
10' None None None None
None 10'
15'
15'
15'
None 10'
15'
15'
15'
None 25'
25'
25'
25'
50'
65'
65'
65'
50'
30’
30’
30’
30’
30’

15
None
None
None
25'
50'
30’

None
None
None
None
None
N/A
30’

20’

20’

20’

20’

20’

20’

20’

45’

45’

45’

45’

45’

45’

45’

10’

10’

10’

10’

10’

10’

10’

10'
None
None
None

0'
5'
5'
5'

10'
5'
5'
5'

10'
5'
5'
5'

10'
5'
5'
5'

None
5'
5'
5'

None
5'
5'
5'

1

See Section 3.8.4.d for Corner lots.
A minimum of 80 percent of the front façade must be located within the maximum front setbacks, unless otherwise regulated within Article 6
3
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)
4
The front setback for accessory buildings shall start at the principal façade of the principal use.
5
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.
2

33

Page 81 of 173

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 off-street 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.
3.8.4. Lot Setbacks
a. Irregular Lots: The location of required setbacks on irregularly shaped lots shall be
determined by the Administrator 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 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.
34

Page 82 of 173

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. 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: It shall be the responsibility of the applicant to ensure
that setbacks within a development site are measured from any potential future rights-ofway planned by the State, County, or Town. If there are plans to establish specificallydesignated streets in an adopted corridor plan or subdivision if the adopted plan shows, at a
minimum, the applicant shall work with the applicable entity to propose a compatible
connection or improvement in terms 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 Administrator 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. 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 Administrator shall have the authority to determine
setback for infill lots to ensure compatibility with adjacent structures unless superseded by an
adopted plan
3.8.6. 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 ROW), 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. This encroachment is only permitted in the Town Center (TC),
Village Commercial (VC), and Town Residential Districts (TR1, TR2, and TR3).
b. 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 ROW),
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).
c. 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.

35

Page 83 of 173

d. 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.
e. 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.
f. 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.
g. 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.
h. Mechanical Equipment: Mechanical equipment such as pool pumps, ventilation systems,
heating and air conditioning 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 with screening requirements in Section
7.3.9.
i. Fences and Garden Walls: Fences and garden/yard walls may encroach into required
setbacks. The design and material requirements for fences are subject to the standards in
Article 6. 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 to ensure that the sight triangle or visual clearance is not obstructed.
a. In the Light Industrial (LI) zoning district parcels fronting a Primary Street may have
fences or walls up to 6 feet in height when not within the sight triangle or visual
clearance area as regulated by Lexington County or SCDOT. 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 8’.
2. Side or rear setback of residential districts: Privacy fences or walls shall be a minimum
of 6’ and have a maximum height of 10’.
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.
3.8.7. 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. Flag Poles shall conform to the height requirements in Section 9.7.2.a.12.
c. Under-roof areas with dormers shall be counted as half-stories.
d. Exemptions from Building Height Requirements: Unless specifically stated otherwise
elsewhere in this ordinance, the height requirements established in this ordinance shall not
apply to:

36

Page 84 of 173

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. Masts and antennas; 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.
e. 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.

37

Page 85 of 173

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 Table of Permitted Uses (Table 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
4.3.2. Table of Permitted Uses
(Continued on next Page)
38

Page 86 of 173

Table 4.3.2 – Table of Permitted Uses
Type of Use
AGRICULTURAL
Horticultural nursery
Agricultural Uses or Animal Production
CAFO
Campground
RV Park
RESIDENTIAL USES
Accessory Dwelling Unit
Bed and Breakfast
Bed and Breakfasts with commercial meeting privileges
Conservation Subdivision
Day Care Home - Large (6-10)
Day Care Home - Small (5 or less)
Dwelling, Attached Single Family
Dwelling, Detached Single Family
Dwelling, Multi-Family
Dwelling, Two-Family
Dwelling, Three-Family
Group Home - Large (8 or more)
Group Home - Small (7 or less)
Manufactured Home
Manufactured Home Park
Nursing Homes
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

RA

RR

SR1

C
C
SE
C
SE

C
C

C

SR2

SR3

TR1

TR2

TR3

VC

TC

PI

CC

IC

OC

LI

PO
C

C
SE

C

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

4.4.2
C
C
C
C
C
P

C
C
C
C
C
P

C

C

C

C
SE
C

C
SE
C

C
SE
SE

P

P

P

P

P

P
SE
C
C

C
C

SE
C

SE
C

C
C
SE

SE
C

SE
C

P
C

C
C
C

C
C
C

SE
SE
P
P

SE
SE
P
P

C
C

P
C
SE
C

P
P
SE
C

P
E
C
E
P
SE
C

P
C

P
C

P
C

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

C
C

SE
C
C
C
C
C

SE
C

P
C

P
C

E
C

4.4.2.f
E

C
SE

P
C

P
C

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

SE

P

C

C

4.4.3

SE

C
C
P

C
C

SE

C

SE

SE

SE

C

C

C

C

SE
C

SE
C

P

C
C

C
P
SE
C
C

C
P

C

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

C
C
C
P
C
P

P

C
P
P
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

P
4.4.3.k

P
P
P

4.4.3.l
4.4.3.m
39

Page 87 of 173

Type of Use
Hotels/Motels
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)

RA
C

C

C
C
C
C
C
C
C

RR

C

SR1

C

SR2

C

SR3

TR1

TR2

TR3

C

C

C
C

C
C

VC
C

TC
P

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

PI

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

C

C

C

C
C

C

CC
P

C
SE
P

IC
P
P
P
P

OC

C
P
P
P
C
P
P
P

P
P
P

LI

PO

P
SE

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

P

SE
P

Code Section
4.4.3.n

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

P

4.4.4
P
C
C
SE
C
C
P
C
C
SE
P
P
P
P
SE
SE
SE

P

SE
C
C
P
C

SE

SE
C

SE

SE
P
P
P
P
SE

SE
P
P
SE
P
SE

SE
P
P
SE
C
SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

C
SE

SE
P
SE
SE
C
SE

C

SE
P
SE
SE
C
SE

C

SE
P
SE
SE
C
SE

C

SE
P
SE
SE
SE

SE
C
P
SE
SE
C
C

C

P

P
SE
SE
P
SE
P
C
SE

SE
P
SE
P
C
SE
SE
C
SE

P
SE
SE
C
C

C
SE

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

SE
P
SE
P
P
P
SE
P
P
C
SE

SE

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

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
SE

P

P
P

4.4.4.f
4.4.4.g
P
SE
4.4.4.h
4.4.4.i

SE

40

Page 88 of 173

INDUSTRIAL
Type of Use
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
Telecommunication Tower
Truck Sales and Service
Warehouse
Wholesale Trade

4.4.5
RA

RR

P
SE
SE
SE
SE
SE

P
SE
SE

SE
SE

SE

SE
SE
SE

SR1

SR2

SR3

TR1

TR2

TR3

VC
SE

TC

PI
SE
SE
SE

SE

SE

SE

CC
P

IC
P
SE

C
SE

C
SE

SE
C
SE
SE

SE
C
SE
C
C
P

OC

LI
SE
P
P
SE
SE
P
SE
C
P
SE
P
P
P

PO

Code Section

4.4.5.a

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

41

Page 89 of 173

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. Properties shall be constrained to one principal use per
lot, with the exception of mixed-use buildings and multi-building sites approved by the Town.
Exceptions are also given to properties located within RR and RA zoning district, where 2 total
detached residential dwelling units per lot is permitted.
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
The uses listed in this section are either permitted with certain conditions, or must be approved by the
Board of Zoning Appeals by Special Exception. However, the conditions in this section apply to all uses
permitted with conditions and special exception.
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

42

Page 90 of 173

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 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. Health Risk, Environmental, and Quality of Life Studies: The Administrator and/or BZA
may require a wide variety of studies to be completed, as it relates to the potential
health risk, environmental impact, and quality of life of the surrounding properties and
the community at large, that the proposed CAFO would impact. All required studies
would be completed by certified professionals with experience with conducting said
studies, to ensure that nearby properties and the community at large are not negatively
affected by the proposed 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.

43

Page 91 of 173

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.
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. 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.
10. 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.
11. 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 non-operability 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.
3. Number allowed: When located in suburban residential districts (SR1, SR2, and SR3),
properties shall be limited to a single accessory dwelling unit per single-family dwelling
per parcel.
b. Bed and Breakfasts
1. Applicability: The regulations in this section apply to both Bed and Breakfast with or
without commercial meeting privileges.
2. Operation: The use shall be owner-occupied. The owner’s primary residence shall be no
further than 50-miles from the Bed and Breakfast. No hourly rates shall be permitted.
Overnight, weekly, or monthly rates are permitted.

44

Page 92 of 173

3. Register: The owner shall maintain a register of guests, including name, address, and
date of occupancy, including check-in and check-out.
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 character 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. The Administrator may require architectural review by
the ARB, as specified in Section 10.5.1.g.
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 Breakfasts.
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 (5 persons or less)
and Large Day Care Homes (6-10 persons):
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.
2. Applicable to Large Day Care Homes (6-10 persons):
a. Lot Size: Minimum 20,000 square foot lot.
45

Page 93 of 173

e. Dwelling, Attached Single-Family
1. Maximum Number of Attached Units: No more than 6 attached, single family units shall
be permitted per building.
2. Side Setbacks: Attached Single-Family units are exempt from side setbacks where they
are otherwise permitted in this Article, and conform to any other applicable regulations.
3. Entrances: All attached single-family dwellings (townhomes, rowhomes, etc) shall have
an independent ingress and egress.
4. Building Design: All applications for attached single-family units shall be subject to
review by the ARB in the form of a Major Architectural Review application.
5. Parking: All parking shall be located to the rear and accessed via an alley or rear lane.
The design of this alley shall be subject to Lexington County.
f. 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.
2. Applicable to Town Center (TC): Legally conforming detached single-family dwellings are
subject to the regulations within Section 11.7, Legal Nonconforming.
g. Dwelling, Three-Family
1. Building Design: Subject to the residential design standards in Article 6. Requires a
Major Architectural Review (Section 10.6).
h. Dwelling, Two-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.
i. Dwelling, Multi-Family
1. Building Design: Requires a Major Architectural Review (Section 10.6).
2. Site Design: Shall be reviewed as a Major Subdivision.
3. Buffers: Shall comply to standards in Article 7.
4. Mixed-Use: Multi-family units above first-floor commercial uses are required within the
Town Center (TC) and Village Commercial (VC) districts.
5. 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 and in accordance with Article 5.
6. Net density: To ensure the protection of the scale of existing development and
neighborhoods, the net density for any multi-family development shall be no more than

46

Page 94 of 173

16 dwelling units per acre. The net density for multi-family units for specific zoning
districts shall be as follows:
a. Town Residential 3 (TR3): 12 units per acre
b. Village Commercial (VC): 14 units per acre.
j. 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.
k. Manufactured Homes
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

47

Page 95 of 173

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.
l. 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.
m. Short Term Rental
1. Applicability: Short Term Rental is the leasing of a room and/or home for a period of 30
days or less.
2. Proximity: The applicant shall provide a list of all other short term rentals within a 300’
radius at the time of application.
3. Maximum units: 3 units
4. Maximum number of consecutive days short term rental may be rented to a renter: 29
5. Business License: Property owner required to acquire a business license with the Town
of Chapin. Prior to the issuance of a business license, the applicant shall first produce a
valid Certificate of Occupancy from Lexington County. Business License number must be
displayed on all advertisements and/or bookings for short term rental. Applicant
properties may be subject to an inspection by the Town of Chapin upon application.
6. Contact: Property owner, or resident manager, must provide the Town a contact
number that is available 24/7 for contact and immediate response with a responsible
agent that can be on site within 1 hour of contact. The property owner or resident
manager must have a primary residence within 40 miles of the use.
7. Guest Registry: The owner or responsible agent shall maintain a guest register to include
names, addresses, phone numbers, and dates of occupancy of all guests.
8. Structures Excluded: Campers, Boats, any form of recreational vehicle, mobile or
manufactured homes, and structures not intended for permanent residence may not be
used as short-term rentals.
9. Parking: Off-Street Parking shall be required per table (8.4.1).
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
48

Page 96 of 173

b.

c.

d.

e.

f.

g.

h.

3. Canopy and Fuel Pumps: Shall be oriented to the side or rear of the principal structure.
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.
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
(TC) or Village Commercial (VC) 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, then the owner shall
apply for a zoning permit 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 fullservice 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.
49

Page 97 of 173

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.
i. 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.
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
50

Page 98 of 173

o.

p.

q.

r.

s.

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.
Liquor Stores
1. Location: Shall not be located within 500 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.
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
perimeter. 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.
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 7.5.5.
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.
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.
Office Building
1. Minimum Lot Size: 1 acre

51

Page 99 of 173

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
1. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
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 from 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
52

Page 100 of 173

1. 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 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
2. Operation: Shall be permitted to operate as a cigar bar (as defined in the NAICS code)..
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.
d. Colleges, Universities, Vocational Schools, and Private Schools
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.
53

Page 101 of 173

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, Sunday schools, and preschools 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 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 onsite for more than 90 days.
54

Page 102 of 173

b.

c.
d.

e.

4.5.

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 rightof-way.
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.
Telecommunication Facility
1. Shall adhere to the standards in Section 4.7
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.
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.
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.

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)
55

Page 103 of 173

T a bl e 4.5.2 – Acc ess or y Us e T a bl e
Ty p e of Accessory Use

RA

RR

SR1

SR2

SR3

TR1

TR2

A c c e s s o r y D w e lli n g U n i t

P

P

P

P

P

C

C

B e e k e e ping

P

P

C

C

B o at house an d/or dock

C

C

C

C

TR3

A u t o m a t e d T ell er M a c hi n e ( A T M )

VC

TC

PI

CC

IC

OC

P

P

P

P

P

P

SE

SE

SE

P

P

C

C arport

P

P

P

P

P

P

P

SE

SE

C hicke n Co o p *

P

P

P

P

P

SE

SE

SE

SE

C o -l o c ati n g f or a n t e n n a e ( o n a str u c t u r e)

SE

SE

D e c k or P ati o

P

P

P

P

P

P

P

Driv e-T hr o u g h Wi n d o w

SE

SE

SE

C

C

C

P

P

P

P

P

P

C

C

C

C

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

SE

El e ct ri c al V e hi cl e C h a r gi n g S t ati o n

SE

P

G arage detache d

P

P

P

P

P

P

P

P

P

G a r a g e, attac h e d

P

P

P

P

P

P

P

P

P

Gazebo

P

P

P

P

P

P

P

P

P

Greenhouse

P

P

P

P

P

P

P

SE

SE

H o m e O c c u p ati o n

P

P

C

C

C

C

C

C

C

C

C

C

O u t d o or Dis play/ S al es

P

P
P
C

SE

C

O u t d o o r St o r a g e f or E q ui p m e n t o r M a t eri als

C
SE

P arking L ots

SE

SE

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

P orch

P

P

P

P riv at e St a bl e

P

P

SE

Shed

P

P

S olar En ergy Syste m

P

S wi m mi n g P o ol

P

PO

C

C a r e t a k e r D w e lli n g

P

LI

P
P
P

C

P

P

C

SE

56

Page 104 of 173

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.

57

Page 105 of 173

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.
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
58

Page 106 of 173

the front entrance, but only when approved by the Architectural Review
Board.
2. Materials: Shall be composed of materials found on the principal use.
i. Drive-through
1. Applicability: Shall apply to all drive-through uses to include but not
limited to signage, pick-up and service windows, and lane design.
2. Location: Drive-through, pick-up, or service windows shall be located
on the side or rear of the principal use, and shall not face any public
right-of-way. Menus shall be located on the side, secondary frontage,
or rear of the building.
3. Drive-through lanes design: Lanes shall not be enclosed or bordered by
curbs or any physical barrier as it restricts vehicular access. Lanes are
encouraged to circulate behind or around the side of the principal use,
however may circulate between the building and the primary frontage if
adequate screening is provided in the form of a knee wall and/or an
appropriate amount of landscaping to screen the lane from the public
right-of-way.
4. Stacking: If a stacking lane is designed to handle 6 vehicles or more, the
applicant shall provide documentation to the Administrator showing
how the stacking of vehicles shall be contained on-site during peak
hours.
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
59

Page 107 of 173

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
b. Restaurant or Bars
c. Animal Boarding facilities
d. Lodging, unless an approved short-term rental or bed and breakfast
e. Medical offices
f. Tattoo parlor or body piercing
g. 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

60

Page 108 of 173

q.

r.

s.

t.

u.

v.

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.
Parking Lots
1. Location: Shall not be located between the principal façade and
principal street frontage within the Village Commercial and Town Center
districts.
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.
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.
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.
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.
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.
Swimming Pool
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.

61

Page 109 of 173

4.6.

Sexually Oriented Businesses
4.6.1. 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.
4.6.2. 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
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”.
b. 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”.
c. 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

62

Page 110 of 173

d.

e.

f.

g.

h.

i.

j.

k.

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 sub rent 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
photographic reproductions are regularly shown which are characterized by the
depiction or description of “specified sexual activities” or “specified anatomical
areas”.
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”.
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.
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.
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.
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.
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,

63

Page 111 of 173

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.
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.

64

Page 112 of 173

4.6.3. 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
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:
65

Page 113 of 173

b.

c.
d.
e.

f.

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;
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;
The permit fee required by this Ordinance has not been paid;
An applicant of the proposed establishment is in violation of or is not in compliance
with any of the provisions of this Ordinance; or
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.
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

66

Page 114 of 173

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:
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.

67

Page 115 of 173

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.
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 sub rents a sleeping room to a person and, within ten
(10) hours from the time the room is rented, he rents or sub rents the same sleeping
room again.
68

Page 116 of 173

c. For purposes of this section, the terms “rent” or “sub rent” 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
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
69

Page 117 of 173

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
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
70

Page 118 of 173

Table 4.7.2: Telecommunication Tower Dimensional Requirements
Districts
Maximum Height
Setback (from adjacent
properties)
Rural Agricultural (RA)
400 feet
250 feet
Rural Residential (RR)
300 feet
250 feet
Public Institutional (PI)
400 feet
100 feet
Corridor Commercial (CC)
150 feet
100 feet
Interstate Commercial (IC) 150 feet
100 feet
Light Industrial (LI)
200 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
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.

71

Page 119 of 173

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.
j. 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.
k.
Additional information required by the Administrator for determination that all
applicable zoning regulations are met.
l.
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:

72

Page 120 of 173

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.
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
73

Page 121 of 173

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.
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
74

Page 122 of 173

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
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.
f. 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.
4.5.3. Coordination: The applicant shall obtain a Special Events Permit from the Town
and ensure the coordination of other applicable approvals relating to this event.

5.0

Land Development Standards
75

Page 123 of 173

5.1.

5.2.

5.3.

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:
5.1.1. To encourage the development of an economically sound and stable
community;
5.1.2. To ensure the timely provision of required streets, utilities, other facilities and
services to new land developments;
5.1.3. To ensure the adequate provision of safe and convenient traffic access and
circulation, both vehicular and pedestrian, in and through new land
developments;
5.1.4. To ensure 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
5.1.5. To ensure, in general, the wise and timely development of new areas or
redevelopment of areas in harmony with the adopted Town of Chapin
Comprehensive Plan.
Applicability
5.2.1. The following developments 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)
c. Minor Architectural Review or Minor Subdivision applications that have
nonconforming site features or structures that are significantly improved,
altered, or otherwise modified according to Article 11, Nonconformities.
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 plan and/or 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).
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 Lexington County or
authority having jurisdiction.
76

Page 124 of 173

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. In some instances, utility lines may be permitted above ground by
the Administrator such as; development in Rural Zoning Districts (RA and RR).
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 authority having jurisdiction, 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.
5.3.6. Flood Hazard Areas: In accordance with the Lexington County 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, 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 developer
and shall be according to plans and specifications approved by the Lexington
County Stormwater Management Division.
5.3.8. Surveying and Engineering
a. Installation of Permanent Reference Points: Permanent reference points
shall be placed in accordance with the following requirements:
77

Page 125 of 173

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
and/or Lexington County Engineer and the applicant. The period of time
shall be 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 and/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.
3. Maintenance Guarantees for Private Streets: If the applicant completes
all required improvements and complies with all conditions of the
78

Page 126 of 173

subdivision agreement as determined by Lexington County, the
remainder of monies retained by a financial institution may be released
to the applicant or his successor in title. Prior to release, the applicant
shall provide 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 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 shall determine whether 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 any damage has
occurred, all such damages shall be repaired, the County may draw on
the security before it is released to cover the costs to repair any damage
that occurred. If any security remains after such draw(s), the remainder
will be released (do we need a timeframe?) to applicant once damages
are satisfactorily resolved.
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 shall 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 will
be used 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 create 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
increased traffic and noise would create a safety hazard or otherwise be

79

Page 127 of 173

detrimental to residents of the existing subdivision, additional access
shall be provided.
5. Subdivisions that create or result into 100 or more lots shall have a
secondary ingress and egress access in the form of a street. The design
and location of the secondary access shall comply with the minimum
Fire Apparatus Access Road standards within the National Fire
Protection Association (NFPA).
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 requirement is to mean to enhance
the interconnectivity of adjacent subdivision developments and existing
street networks, to promote alternative routes to local traffic.
c. Block Sizes
All subdivisions shall be in 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.
Extended entryways into subdivisions encompassing the length of a
whole block or more may be required to encourage separation from the
commuting roadways to increase safety of residents and to preserve or
develop the natural aesthetic and environment.
2. Residential Blocks: the length of residential blocks hereafter shall not
exceed fourteen hundred (1400) feet or be less than five hundred (500)
feet from corner to corner, unless otherwise determined by the
Planning Commission during subdivision review. 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 five 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 six (6) feet wide and
improved to include a concrete, asphalt or other approved surface
sidewalk.
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.
80

Page 128 of 173

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
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)
81

Page 129 of 173

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
As they can restrict opportunities for interconnectivity for local vehicular
and pedestrian traffic, dead end Streets and Cul-de-sacs are strongly
discouraged from being a dominant feature within a development site.
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 or “T” turnaround.
a. Cul-de-sacs and “T” turnarounds shall be designed to accommodate
the turn radius of emergency vehicles according to Lexington
County or SCDOT standards.
b. “T” turnarounds shall be used when adjacent to another property to
permit future interconnectivity. No structure, driveway, or the like
shall be positioned so as to inhibit connectivity to the “T”
turnaround stub.
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 development 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 10.7. The following are general
standards for the design of roadways:
1. SCDOT Standards: Intersection sight distance on major thoroughfares
shall be determined by the SCDOT. Grades on major thoroughfares shall
be established by the SCDOT. On major thoroughfares, the centerline
radius of a curvature shall be determined by the SCDOT. In the event of
any conflicts or contradictions, Administrator shall use the ARMS

82

Page 130 of 173

2.

3.
4.

5.

6.

7.

Manual by SCDOT, or defer to Lexington County Engineer, or authorized
representative from SCDOT, as appropriate.
Traffic Control devices: Signs and/or signals, shall be installed by the
Developer as deemed appropriate by Lexington County, its agencies
and/or SCDOT. The authority to require traffic control devices may be
exercised by the Town at any time during the approval process.
Street Jogs: Street jogs shall be avoided, unless approved or
recommended by SCDOT or Lexington County.
Naming of Streets: Streets that are extensions of, or obviously in
alignment with existing named streets, shall be a continuation of that
street, and bear that name. The name of new streets shall be subject to
the approval of the Planning Commission and shall comply with the
Lexington County Addressing and Road Naming Ordinances. Street
name signs shall be installed at all intersections. The location and
design of such signs shall be approved by the Planning Commission and
Lexington County.
Split Level Streets: Streets which are constructed 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
Intersections: The centerline of no more than two (2) streets shall
intersect at any one point. Streets shall be laid out 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.
Nonconforming Right-of-ways: Proposed developments 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. Developments 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.

83

Page 131 of 173

Table 5.3.11.b: Street Sections
Street
Right-Of-Way
Classifications (As (Min/Max)*
defined by
Lexington County)
1. Residential or

Light Commercial
2. Residential

Local
3. Private

Commercial
4. Private

Residential
5. Downtown

Street***
6. Private Rear

lane (Residential)
7. Private Alley

(Commercial)

Travel Lane
Width
(Min/Max)
*

On-street
parking**

Planting Strip
(both sides of
street)

Sidewalk

N/A

3’

5’

Determined by PC

3’

5’

Determined by PC

3’

5’

Determined by PC

3’

5’

3’

5’

Required in TC,
Encouraged in VC
Determined by PC

N/A

N/A

N/A

N/A

N/A

*Right-of-way widths or lane widths shall be in accordance with SCDOT, Lexington County,
or the standards of the jurisdiction having authority. The intent is to detail the ideal split of
right-of-way to account for all road users.
**All parking spaces shall comply with parking space dimensions in Article 8.
***Downtown Street is not a street section defined by Lexington County, however shall
refer to new or improved streets within the Town Center (TC) Zoning District.

*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
84

Page 132 of 173

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 Table 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 Table 5.3.11.b, must be constructed before each house or
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
Table 5.3.11.b. In cases where it is appropriate, a new sidewalk may be
permitted to taper down to the minimum width in Table 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 Section 8.6.
d. Street Tree Planting Requirements
1. Planting Areas: Planting strips in accordance with cross sections in Table
5.3.11.b.
2. Location and Number: Street trees shall be planted at forty (40) foot
intervals on both sides of the street, but must be outside the
right-of-way. Street trees and other vegetation 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

85

Page 133 of 173

determined by the 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 canopy category
of the Town’s Approved Tree Species List shall be used. The local
conditions including but not limited to, soil and irrigation shall be used
to inform the species planted.
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
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 Barriers: 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 barriers.
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 and light pollution. 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, 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 street lighting subject to 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

86

Page 134 of 173

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 cases where there are more than
one dwelling unit located on the lot (such as a single-family house with an
ADU), the administrator may approve the construction of a second
driveway. In Rural Districts (RA, RR) and Suburban Residential Districts (SR),
circular driveways may be permitted on 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: Street Access
Frontage Width
Maximum Permitted Driveways per Street Frontage
Up to 150 feet
1 driveway
150 feet or more
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 as defined in
the SCDOT ARMS Manual.
5.4.

Open Space
5.4.1. General Standards
The Planning Commission shall require that open 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
87

Page 135 of 173

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
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 5.5.2.a: Required
Open Space, based on the use and the zoning district where the development is
proposed. Open space requirements are calculated based on the acreage of the
entire property involved in a development application. 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
Size of Development*
Less than 1 acre
2-5 acres
District
Agricultural (RA or RR)

50%

50%

Greater than 5
acres
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)
5%**
5%**
10%**
Commercial (CC, IC, OC)
5%**
5%**
10**
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
subdivided 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 Table 5.5.3.a.
**Shall consist of public, or quasi-public, spaces for either pedestrian connections, plazas, or
other on-site amenities as determined by the Planning Commission.

88

Page 136 of 173

b. Specific Requirements for Major Subdivisions
1. Amenity Centers: It is the intent of this section to provide residents of
sizable residential subdivisions with quality amenities that add to the
livability and quality of life. Amenities within subdivisions shall be
equally distributed and connected with established or proposed
circulation patterns. Depending on how many lots are within a
residential subdivision, specific open spaces in the form of amenity
centers shall be required. The amount of area allocated to open space
shall comply with the percentages in Table 5.5.2.a. Land dedicated to
amenity centers shall count toward the open space requirements in
Table 5.5.2.a.
2. Definitions: For the purposes of this section, the following amenities
are defined
a. Parks: A facility focusing on natural areas consisting mostly of
vegetation, passive or active recreation areas, and having few
structures. Examples include an arboretum, botanical or community
gardens, or conservation areas. A dog park along shall not be
considered a park, but dog parks are encouraged. Shall have an
improved trail within the development and connect to adjacent
trails if applicable.
b. Internal Trail/Sidewalk: A pervious or impervious trail with shared or
independent access by all residents within a subdivision.
c. External Pedestrian Connection: An impervious connection to an
existing or planned public sidewalk system. The Planning
Commission may also require connections to adjacent community
trail networks.
d. Playground: An area developed for active play and recreation.
Examples include play apparatus such as swing sets and slides,
sandboxes, or poles for nets. Shall have an improved trail within the
development and connect to adjacent trails if applicable.
e. Pavilion or Picnic Area: An unenclosed, covered area that is
accompanied by picnic tables, barbecue stands, and similar
equipment or structures. Shall have an improved trail within the
development and connect to adjacent trails if applicable.
f. Clubhouse: A private facility, with a minimum net floor area of 1,600
square feet, that provides services customarily furnished by a club,
such as swimming, gym, indoor pet boarding, indoor/outdoor
recreation, restaurant, or similar facility as determined by the
Planning Commission.
g. Recreational Facility: An outdoor recreational complex with fields
dedicated to organized sports that are supported by concession,
restroom, or other structures. Examples include basketball or tennis
court, disc golf course, volleyball, pickleball or tennis court, disc golf

89

Page 137 of 173

course, or other outdoor sport court or filed greater than 1,743 sq.
ft
h. Sports Field: Outdoor sport fields such as football, soccer, 9-hole
golf, 18-hold disc-golf course, or baseball. If tennis, pickleball, or
basketball courts are used, then at least two courts shall count as a
sport field.
3. Applicability: The Town classifies four types of amenity centers based on
the amount of lots created, the requirements for each and their
applicability are described in the following table:
Table 5.4.2.b.3: Amenity Centers for Major Residential Subdivisions
Basic
Standard
Enhanced
Major
(10 to 49 lots)
(50-99)
(100-249)
(250+)
Amenity Type




Parks (Passive)




Internal
Trail/Sidewalk




External
Pedestrian
Connection




Playground(s)




Pavilion or Picnic
Area(s)



Clubhouse*



Recreational
Facility*



Sports Field*


Boat Storage**




Bus Stop**




Mail
Kiosk/Cluster**
*See Section 5.4.2.b.4.g.i for alternative compliance to be approved by Planning Commission
**See Additional Provisions Section 5.4.2.b.4
(blank) = not required
□ = may be required by Planning Commission per criteria in “additional provisions”
■ = required

4. Additional Provisions
The provisions within this section are in addition to the requirements
within Table 5.4.2.b.3.
a. Standard Amenity Areas
i. Parks and Playground: The Planning Commission may require a
an additional playground, park, or pavilion if the distance
between a proposed lot and park is greater than 1200’ linear
feet. The distance requirement may be waived when an

90

Page 138 of 173

b.

c.

d.

e.

f.

g.

additional area as described is combined with a required sports
field area.
Enhanced Amenity Areas
i. Parks and Playgrounds: At least one additional park or
playground for developments that are lots or greater. Play areas
shall be equally spaces and should be no more than 1,200’
linear feet from each other.
Major Amenity Areas
i. Parks and Playground: One addition play area and park per 50
lots after 250. No playground or park shall 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.
ii. Recreation Facility: Two types of sport court or field are
required per 300 lots.
iii. 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.
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
Table 7.5.4.a when adjacent to a residential lot.
Bus Stops: The Planning Commission may require the applicant
work with the Lexington County School District to locate optimal
areas for school bus stops.
Mail Kiosk: If required by the United States Postal Service, clusterstyle mailbox kiosk’s shall be subject to the design standards of the
USPS.
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 5.5.3.a may be substituted for a similar
feature within this section if approved by the Planning
Commission.

91

Page 139 of 173

ii. Extensive Single-Type Amenities: An open space amenity of
greatly significant size, of a single type, or combination thereof,
may be considered by the PC for meeting the entirety of the
open space requirements for a development. Such as; a golf
course country club, a tennis complex, a large park and trails
system.
iii. 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 types of hardship, a variance to these
requirements may be submitted.
5.4.3. Areas Counted Toward Open Space Requirement
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 5.5.2.a above.
Table 5.4.3.a: Open Space Types
Open Space Type
Description
Parks (Active)
A large public green area dedicated for use recreation or
gatherings. Area is designed and landscaped.
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, particularly children, with the use of
structures and or equipment.
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, through a natural space(s) and/or landscaped
area.
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;

92

Page 140 of 173

2. Street rights-of-way or private access easements, including sidewalks
located within those rights-of-way or easements,
3. Required buffer that is inaccessible to all residents and not integrated
with an accessory to open space features of Table, 5.5.3.a,
4. Open parking areas and driveways including parking lot landscaping;
5. Land covered by structures, unless accessory to open space features of
Table 5.5.3.a;
6. Outdoor storage areas; and,
7. 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)
and surrounding areas.
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
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.
c. Open space areas may be considered by the Town for rezoning to as Parks &
Open Space (PO).
5.4.7. Exemptions
The following development is exempted from the standards in this Section:
a. Residential development defined as minor subdivisions;
b. Utility Uses;
c. Agricultural Uses; and
d. Industrial Uses

93

Page 141 of 173

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 such as:
a. Allow for development that is more sensitive to the environment;
b. Allow for the preservation of open and natural areas;
c. Promote better site layout and opportunities for private recreational areas;
d. Promote opportunities for workforce housing by allowing for a mixture of
lot and building sizes, and
e. 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
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. Located in areas where conservation of undeveloped and/or agricultural
land is desirable, feasible, and meaningful to the preservation of
natural, rural, and agricultural places.
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:
94

Page 142 of 173

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 net 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. Net density: The Town of Chapin Planning Commission may modify the
minimum lot sizes required by that zoning district per conservation
subdivision, to allow for a higher net density of units in the development, in
order to conserve open space.
d. Open Space Requirements: A minimum of fifty percent (50%) of the land
development area must be designated as permanent open space.
1. Ownership of Open Space: Shall be protected by a conservation
easement held by the homeowner’s association, local conservation
commission, land trust, or Town of Chapin that is approved by the Town
Council, and duly 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. Open space shall be in such
location that it allows for connection to adjacent undeveloped
properties, and/or open spaces.
e. Final Plat Requirements
1. In addition to the final plat requirements in Article 10 the subdivider
shall submit a Developers Agreement regarding the liability for and
maintenance of the open space. In addition, the developer must
include a conservation easement/open space covenant protecting the
open space from any further development.
5.5.5. Commercial or Industrial Subdivision
a. Purpose and Intent

95

Page 143 of 173

In order to prevent creation of traffic hazards, ensure 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, or is not, subdivided into lots and public streets; is, or is
not, retained in one ownership, the site plan shall be submitted to the
Planning commission for review and approval.
b. Types of Commercial Subdivisions
Commercial subdivisions shall be considered Major Subdivisions and shall be
review by the Planning Commission. Commercial subdivisions typically
involve, but are not limited to, the following:
1. Group commercial or industrial developments consist of more than one
commercial or industrial structure erected on a single lot or property.
2. Commercial or industrial developments that plan to combine and
redevelop existing parcels for multiple or future building sites.
3. Commercial development involving the dedication of private
easements, outparcels, shared access, and other common ownership or
maintenance.
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.
5. Major Architectural Review Application consistent with Section 10.6
6. Any additional applicable development review as required by Article 10.
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
compliant 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.
96

Page 144 of 173

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 and indicated 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 and creativity in selecting the means to
provide access, open space and design amenities.
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.
3. Provide mixed-use spaces that would not have otherwise been possible
per existing zoning districts.
b. Process and Applicability
1. PDs are executed as two different process. First, is a Rezoning which
follow the general procedures of Article 10. Second, Plat and/or plan
approvals, per Article 10. 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(s) 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 5 acres. If the project is intended to be
developed in phases, the master plan shall include all potential
phases.

97

Page 145 of 173

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 Table 5.3.11.b 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: The design, location, descriptions, and utilizations
of open spaces shall be specified in detail 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:
i. Site Description: A general description of the proposal, including
a detailed description of the site, location, context, and any
cultural, environmental and/or historical resources.
ii. Vision Statement: The goals, tenets, and 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
98

Page 146 of 173

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 with 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: The master plan shall show how the
development will enhance interconnectivity within the
development, as well as adjacent sites, as aligned with the
regulations in Section 5.4.10.d.
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
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 a 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
per 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.

99

Page 147 of 173

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 PC
and approved by Town Council in accordance with the procedures outlined
in Section 5.6.6.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
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. The
TIS is the responsibility of the applicant. All traffic studies must be prepared
under the supervision of, and signed, stamped and dated by, a professional Civil
Engineer registered in South Carolina. The Town may require the applicant to
select a non-bias third-party traffic engineer, either previously identified by the
Town or that is familiar with the area or region. If the Town requires third party
review it shall be at the sole expense of the applicant. 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:
100

Page 148 of 173

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 developments that fit within the following criteria:
a. Previously approved within the last 12 months of application
submittal, or still in the process of development by evidence of
active building permits.
b. Previously approved developments that are located along the same
arterial or collector right-of-way, or that will be otherwise impacted
by future or proposed development. Claims of no impact shall be
supported by a statement and supplemented by justifying rationale.
5. Analysis
a. Existing traffic volumes on all roads to be accessed using current
SCDOT Annual Average Daily Trip (AADT) counts where possible.
b. Traffic flows attributed to result from future developments will use
TIS’ from those development where available or a justified
approximation when not available. Approximation will include
development size and major flow patterns that will result.
c. Infrastructure Analysis
d. Trip generation tables
e. Trip distribution patterns
f. Turning movement diagrams for peak hours
g. Access analysis
h. Traffic Control Devices
i. Mitigation and Alternatives
j. 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
the provisions of the TIA are met.
6.0

Overlay Design Standards
6.1.
[Placeholder]

101

Page 149 of 173

7.0

Landscaping
7.1.
Purpose and Intent
7.1.1. 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:
a. Provision of open space.
b. Preservation of green space.
c. Creating an attractive community.
d. Increase general property values.
e. Protect scenic and ecologically sensitive resources.
f. Reduce stormwater volume and pollutants.
g. Benefit the public health and enjoyment of residents.
h. Eliminate heat islands.
i. Shelter and protect habitats for wildlife.
j. 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
102

Page 150 of 173

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:
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, protected trees
defined as Significant, Historic, or Iconic Trees in section 7.6.3 shall be noted
as such on the tree survey, or an accompanying document.
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.

103

Page 151 of 173

c. The plant substitutions are of the same general category and have the same
general design characteristics as the materials being replaced.
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 Commercial (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 features 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 Certificate of Occupancy and/or any other required permit or approval.
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
landscaping. 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
104

Page 152 of 173

Town may draw on the financial surety to complete the required
improvements.
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
7.3.4. 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 shall be from the Town of Chapin’s Approved Tree Species List.
Other trees, shrubs, and vegetations may be proposed if it is within the Urban
Tree Species Guide, or other guides, maintained by the South Carolina Forestry
Commission. 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 on 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.
105

Page 153 of 173

b. Understory Tree: Less than 25 feet in height at maturity.
1. Minimum Caliper measurement at planting shall be 2.5” diameter or
greater.
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, Building, and Other features
a. Accent lights used to call attention to signs or landscape features are
permitted provided they meet all of the following conditions:
1. All light sources are to be shielded from direct view.
2. They do not exceed 10 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 are designed to prevent and minimize spillover beyond the plane
of the building or feature they are meant to illuminate.
a. Maximum spillover: In no instance shall any light fixture exceed 0.5
foot-candles as measured 12” beyond the plane of the building or
surface. Additionally, lighting fixtures are limited to 0.1 footcandles at 36” beyond the building feature or surface being
illuminated.
6. They are not moving or animated.
106

Page 154 of 173

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
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 that are considered iconic, significant, or
historic 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
107

Page 155 of 173

1. No parking space shall be further than 60’ linear feet from a large
overstory tree.
2. One large overstory 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
approved by the Zoning Administrator, as long as the minimum area of
landscaping and minimum number of trees is provided.
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 ten (10).
2. No more than 10 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.
108

Page 156 of 173

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 7.5.4.a.
1. Where a new use or redevelopment is subject to Section 11.11
Nonconforming Site Features.
7.5.3. General Standards
a. The use of evergreen trees and plants 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 evergreen and drought-tolerant and 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.
7.5.4. Property Buffer Types
a. The property buffer widths shall be established for new development based
upon the following buffer types (Table 7.5.4.a):
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.
109

Page 157 of 173

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.
Table 7.5.4.a: 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
50 ft

Type E
100 ft

10

12

40

50

b. Required Buffer Yard Types
Using the types of buffers defined in Table 7.5.4.a, property buffers shall be
required when the following uses are directly adjacent to each other or a
specified zoning district:
Table 7.5.4.b: Required Buffer Yard Types
Proposed Use or
Zoning Category
Vacant RR
SR1,
(per Article 4)
Land
or
SR2,
RA
and
SR3

Adjacent Zoning District
TR1
or
TR2

Manufactu
red Homes
or Parks

PI

TC or
VC

OC

CC or
IC

LI

TR3

Agricultural
Suburban
Residential
Town Residential
Multi-family
Commercial

N/A
A

N/A
C

B
N/A

C
B

C
C

A
C

B
B

D
B

D
B

D
D

C
E

A
B
B

C
C
C

C
C
D

A
B
C

N/A
A
B

C
C
C

B
B
N/A

E
D
C

B

C

D

C

B

N/A

D

B
B
N/
A
C

E
C
N/A

Manufactured
Homes or Parks
(PI)

B
B
N/
A
B

E

E

B

C

C

B

B

B

N/
A

A

B

D

D

Light Industrial (LI)

B

D

E

E

E

E

D

E

D

C

N/
A

110

Page 158 of 173

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.
1. Fence or Masonry Wall Included
The width of a transitional buffer yard shown in Table 7.5.4.a may be
reduced, if a fence or wall 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 Table 7.5.4.b 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.
7.5.5. 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. New residential developments requiring major subdivision approval.
111

Page 159 of 173

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
on individual lots, or developments that are defined as minor
subdivisions. In certain cases, the Administrator 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, entrances, pedestrian facilities 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 a Type B Buffer,
unless otherwise noted, as along the entire width of the property
boundaries at the street frontage.
1. Major Residential Subdivisions: For applications involving a major
subdivision, a Type E buffer shall be planted, retained (landscaping
credits), or otherwise established between the street and the first lot of
the subdivision.
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.
112

Page 160 of 173

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
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;

113

Page 161 of 173

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.
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
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. 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.
7.6.3. Protected Trees
a. Town of Chapin Approved Tree Species List: As part of this UDO, the Town
has an Approved Tree Species list to be utilized during development
applications. In addition to the 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 “Significant”, “Historic”, and “Iconic” trees. Such trees are
defined in this section.
1. Significant Trees: Significant trees are any trees from the Town of
Chapin Approved Tree Species List that have a diameter at breast height
(DBH) at or greater than 18”.
2. Historic Trees: Certain trees are deemed historic trees by the Town of
Chapin. Historic trees are any trees from the Approved Tree Species List,
114

Page 162 of 173

or noninvasive hardwoods that have a circumference of 75 inches, or a
diameter at breast height (DBH) at or greater than 24”.
3. 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. The Town shall maintain a list of Iconic Trees
in the Town of Chapin.

7.6.4. 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. Historic trees shall not be removed, unless a credentialed arborist provides
a report, finding the criteria for tree removal in Section 7.6.5.b. has been
met, and that there is no reasonable means of preserving or saving the tree.
c. Iconic Trees shall 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.
d. 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
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.
e. Time Restrictions

115

Page 163 of 173

f.

In the event that the Administrator determines that any Forestry Activity on
Forestland, that is otherwise permitted pursuant to subsection 7.6.4.d
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.

7.6.5. Tree Removal Permit
a. Permit Required
A Landscaping 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
7.6.3.
b. Acceptable Reasons for Tree Removal
1. Removal of protected trees described in Section 7.6.3, shall be only be
permitted when the applicant submits an arborist report with a
landscaping 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.f)
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.
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
116

Page 164 of 173

root damage which compromises structural stability or will result in
crown reduction encompassing more than 50 percent of the normal
crown.
2. Removal of trees, that species are on the Town of Chapin’s Approved
Tree Species List, with a DBH between 8”<18” the Administrator shall
approve the landscaping permit if one of the following factors is
determined;
a. the tree is in good health,
b. the tree is a hazard to pedestrian, bicycle, or vehicular traffic,
c. the tree presents a hazard to buildings, structures, or utility lines,
d. the tree poses an immediate threat to health and safety of people
or adjacent structures,
e. 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 and Replacement
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 Table
7.6.6.
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, proposed locations, and caliper at the time of planting of
replacement trees. Replacement plan must be approved by the
Administrator prior to issuance of a landscaping permit or any other
permits.
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,
weather conditions, or season warrant an extension. All trees shall be
appropriately planted at the specified caliper (Section 7.3.7.) and spaced
appropriately from buildings, paved areas, and other vegetation.
4. Credits Toward Mitigation: Protected trees that are preserved on the
property 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:
117

Page 165 of 173

Table 7.6.5.c.5: Tree 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 7.6.4.c)
(See Section 7.6.4.c)
EXAMPLES:
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
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:
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.
Depending on the nature of the conditions, the tree may be removed
prior to consultation with the Town, however written and photographic
documentation must be submitted to the Administrator in all cases of
hazardous tree removal, describing the threat which necessitates
removal. The Administrator may require replacement of any trees which
are removed where it is determined that the threat resulted from
negligence.

118

Page 166 of 173

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 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:
Table 7.6.5.e: Palm and Palmetto Trees
Common Name
Needle palm
Dwarf or Bush Palmetto
Cabbage Palm or Palmetto
Saw Palmetto or Scrub Palm

Botanical Name
Rhapidophyllum hystrix
Sabal minor
Sabal palmetto
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.
7.6.6. 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:
Table 7.6.6. Tree Coverage Requirements
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
119

Page 167 of 173

Village Commercial
Commercial (CC, IC, and OC)
Institutional (PI)
Light Industrial

N/A
Per 6,000 sq. ft. of lot size
Per 4,000 sq. ft. of lot size
N/A

7.6.7. Tree Protection Zone (TPZ)
Before and during any land disturbance, construction or development, the
following measures shall be utilized to protect 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.
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 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.

120

Page 168 of 173

8.0

Parking
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 use
that is similar in nature and need for parking and loading, as determined by
the Administrator. This is also applicable when a non-conforming use is
121

Page 169 of 173

8.2.3.

8.2.4.

8.2.5.

8.2.6.

8.3.

converted to a conforming use that is similar in nature and need for parking
and loading.
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.
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 Minor Architectural Review
shall not require additional off-street parking or loading facilities.
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.
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.

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.b and 8.3.3.c 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 integrated into the

122

Page 170 of 173

site’s stormwater systems and is subject to an on- going 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 subdivisions 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.

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. The Rural Agricultural (RA) and Rural
Residential (RR) zoning districts are exempt from these requirements.
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 storage of camping or recreational
vehicle in the form of a temporary use permit. This shall not permit the
RV to be used as a permanent or temporary dwelling unit. Temporary
stays shall not exceed more than 120 total calendar days within a 12month period. Where there is a conflict with Lexington County
regarding RVs, the County’s regulations shall govern.
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
123

Page 171 of 173

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:

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 Family
3 spaces per unit
Dwelling, Attached Single Family
3 spaces per unit
Dwelling, Two-Family
2 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 on-site 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 per
Boat Sales
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
124

Page 172 of 173

Bars and Nightclubs
Car Wash
Catering Service
Check Cashing
Commercial Day Care Center
Convenience Store
Drive-In Movie Theaters
Dry Cleaning
Financial Institutions
Funeral Homes
Garden Centers
General Retail
Hardware Store
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

1 space per two seats or 1 space for every 75 sq. ft. of bar area,
including outdoor areas, whichever is greater
1 space per peak hour employee, and 1 space per bay.
1 space per 400 square feet of gross floor area
1 space per 400 square feet of gross floor area
2 spaces per peak shift employee
1 space per 400 square feet of gross floor area
1 space per speaker outlet or audio connection
1 space per 600 square feet of gross floor area
1 space per 400 square feet of gross floor area
1 space per 4 seats within the sanctuary (if applicable) and/or 1
space per 2 employees, whichever is greater
1 space per 400 square feet of gross floor area
1 space per 200 square feet of gross floor area
1 space per 400 square feet of gross floor area
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 course hole, plus 1 space for every 2 employees on
peak shift
2 spaces per residential 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
125

Page 173 of 173

Farmers Market, Indoor
Farmers Market, Outdoor
Golf Course
Government Building or Facility
Hospital
Kindergarten or Preschool
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

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

Warehouse

2 spaces per booth or vendor or 1 space per 400 square feet of

Outcome

Not yet recorded. The record stays open — outcomes are added as minutes and vote results are published.

Provenance

Where this record came from. Every source is listed, permanently.

  • Agenda Watch · Aug 15, 2026

Permanent ID DKT-2026-000816 — this record is never deleted.

Record history

Every change to this record, logged as it happened.

  • Aug 15, 2026 Filed on the Docket
  • Aug 15, 2026 Full document archived — public record

← The full Docket · every meeting, vote, and action on the permanent record · also in the National Record Index.