On the agenda: Chapin meeting — Colocation (Dec 5)

CHAPIN UNIFIED ZONING & DEVELOPMENT ORDINANCE
STEERING COMMITTEE MEETING
Council Chambers, Chapin Town Hall
December 5, 2023
3:00 P.M.
AGENDA
Call to order
Freedom of Information Act Compliance
Approval of Minutes
1. November 7, 2023 Meeting Minutes
Discussion Items
2. Unified Zoning and Development Ordinance draft review
Adjourn

TOWN OF CHAPIN
UNIFIED DEVELOPMENT ORDINANCE COMMITTEE
MEETING MINUTES
Tuesday November 7, 2023
3:00 P.M.

Town Hall

Members Present: Planning Commission Members Rae Davis, Caleb Pozsik, Clay Cannon, Josh Edwards
Members Absent: Josh Edwards
Staff Present: Town Clerk Shannon Bowers, Town Administrator Nicholle Burroughs
Staff Absent: Mayor Al Koon
Call to Order: Vice Chair Pozsik called the meeting to order at 3:05 p.m. He then determined there was a quorum and
acknowledged the appropriate notifications in compliance with the SC Freedom of Information Act had been met.
The committee reviewed the October 19, 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:

Yes
Yes
Yes
Yes

Discussion Items
UDO Draft Report: Mr. Gianni began the discussion by giving a brief overview of changes to articles 3, 4, 5, and 10.
The UDO Committee discussed acreage as it relates to lot sizes in rural districts, amenity and open space requirements,
appeals and variance processes and how those rules are applied, and application requirements. The committee expressed
their concern that the amenity requirements were not clear how they would be applied to a development. The committee
suggested including language to ensure the planning commission has the level of review to include amenities that make
sense for each proposed development. The committee also suggested clarifying language to include “net area” in the
calculation of open spaces.
Zoning Map Discussion
The committee discussed the draft zoning map. Discussion centered around making sure the zoning that is proposed will
be compatible to properties currently in town limits and surrounding properties. The committee also discussed different
parcels to determine which zoning would be most appropriate for each parcel.
Administrator Burroughs briefly updated the committee on progress of the Architectural Review Board review of article 6
and the timeline of upcoming meetings. She instructed the committee to provide examples to make sure the document can
be applied consistently.
Adjournment: Vice Chair Pozsik moved to adjourn the meeting. Member Cannon seconded the motion. Meeting was
adjourned at 5:13 p.m.
UDO COMMITTEE APPROVED (Date):
Rae Davis, PC Chair
ATTEST:
Shannon Bowers, Town Clerk

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(RESERVED FOR TITLE PAGE)

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Table of Contents
Table of Contents .......................................................................................................................................... 2
Article A: Article Descriptions ...................................................................................................................... 6
Article B: How to use this Code................................................................................................................... 10
1.0

Article 1: General Provisions ........................................................................................................... 13

1.1.

Title ............................................................................................................................................. 13

1.2.

Authority ..................................................................................................................................... 13

1.3.

Jurisdiction .................................................................................................................................. 13

1.4.

Purpose and Intent ..................................................................................................................... 14

1.5.

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

1.6.

Conformity With All Standards ................................................................................................... 15

1.7.

Transitional Provisions ................................................................................................................ 15

1.8.

Severability.................................................................................................................................. 16

1.9.

Effective Date .............................................................................................................................. 16

2.0

Development Review Bodies .......................................................................................................... 17

2.1.

Town Council............................................................................................................................... 17

2.2.

Planning Commission .................................................................................................................. 17

2.3.

Board of Zoning Appeals ............................................................................................................. 19

2.4.

Architectural Review Board ........................................................................................................ 21

2.5.

Building Official ........................................................................................................................... 22

2.6.

Planning and Zoning Manager .................................................................................................... 22

2.7.

Coordination with Other Governing Bodies ............................................................................... 23

3.0

Zoning Districts and Boundaries ..................................................................................................... 24

3.1.

Purpose and Intent ..................................................................................................................... 24

3.2.

Official Zoning Map ..................................................................................................................... 24

3.3.

Interpretation of District Boundaries.......................................................................................... 24

3.4.

Lot Divided by District Boundaries .............................................................................................. 25

3.5.

Changes ....................................................................................................................................... 25

3.6.

Establishment of Zoning Districts ............................................................................................... 25

Table 3.6.1. Establishment of Zoning Districts .................................................................................... 25
3.7.

District Development Standards ................................................................................................. 30

Table 3.7.1: District Dimensional Standards ....................................................................................... 31
3.8.

General Lot and Building Standards............................................................................................ 32
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4.0

Land Use Provisions ........................................................................................................................ 36

4.1.

Purpose and Intent ..................................................................................................................... 36

4.2.

Applicability................................................................................................................................. 36

4.3.

Table of Permitted Uses .............................................................................................................. 36

Table 4.3.2 – Table of Permitted of Uses ............................................................................................ 37
4.4.

Conditional Use and Special Exception Standards ...................................................................... 40

4.5.

Accessory Uses and Structures ................................................................................................... 53

Table 4.5.2 – Accessory Use Table ...................................................................................................... 54
4.6.

Sexually-Oriented Businesses ..................................................................................................... 60

4.7.

Telecommunication Tower ......................................................................................................... 67

Table 4.7.2: Telecommunication Tower Dimensional Requirements ................................................. 67
4.8.
5.0

Temporary Uses .......................................................................................................................... 70
Land Development Standards ......................................................................................................... 72

5.1.

Purpose ....................................................................................................................................... 72

5.2.

Applicability................................................................................................................................. 72

5.3.

General Requirements ................................................................................................................ 72

Table 5.3.11.b: Street Sections ........................................................................................................... 78
Table 5.3.12.b: Street Access .............................................................................................................. 81
5.4.

Open Space ................................................................................................................................. 82

Table 5.4.2.a: Required Open Space ................................................................................................... 82
Table 5.4.2.b.3: Amenity Centers for Major Residential Subdivisions ................................................ 84
Table 5.4.3.a: Open Space Types ........................................................................................................ 86
5.5.

Alternative Development Patterns ............................................................................................. 87

5.6.

Traffic Impact Study .................................................................................................................... 92

6.0

Overlay Design Standards ............................................................................................................... 94

6.1.
7.0

[Placeholder] ............................................................................................................................... 94
Landscaping..................................................................................................................................... 94

7.1.

Purpose and Intent ..................................................................................................................... 94

7.2.

Administration ............................................................................................................................ 95

7.3.

Landscaping Standards ............................................................................................................... 96

7.4.

Parking Landscaping.................................................................................................................... 98

7.5.

Perimeter Buffering .................................................................................................................. 100

Table 7.5.4.a: Property Buffer Types ................................................................................................ 101
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Table 7.5.4.b: Required Buffer Yard Types ...................................................................................... 101
7.6.

Tree Protection and Preservation ............................................................................................. 105

Table 7.6.5.c.5: Tree Replacement and Mitigation Schedule .......................................................... 108
Table 7.6.5.e: Palm and Palmetto Trees ........................................................................................... 109
Table 7.6.6. Tree Coverage Requirements ........................................................................................ 109
8.0

Parking .......................................................................................................................................... 111

8.1.

Purpose and Intent ................................................................................................................... 111

8.2.

Applicability............................................................................................................................... 111

8.3.

General Standards..................................................................................................................... 112

8.4.

Minimum Off-Street Parking Requirements ............................................................................. 113

Table 8.4.1: Minimum Number of Off-Street Vehicle Parking Spaces .............................................. 113
8.5.

Design Standards for Parking Lots ............................................................................................ 118

Table 8.5.1: Minimum Dimensional Standards for Parking Spaces and Aisles ................................. 118
Table 8.5.2.a Parking Area Location.................................................................................................. 119
8.6.

Pedestrian Access ..................................................................................................................... 121

8.7.

Lighting ...................................................................................................................................... 122

9.0

Signs .............................................................................................................................................. 122

9.1.

Purpose and Intent ................................................................................................................... 122

9.2.

Applicability............................................................................................................................... 123

9.3.

General Provisions .................................................................................................................... 123

9.4.

Freestanding Signs .................................................................................................................... 125

Table 9.4.1 Freestanding Signs.......................................................................................................... 125
9.5.

Attached Signs........................................................................................................................... 126

Table 9.5.1: Attached Signs ............................................................................................................... 126
9.6.

Other Signs that Require a Sign Permit..................................................................................... 128

9.7.

Temporary Signs........................................................................................................................ 129

9.8.

Violations .................................................................................................................................. 132

10.0

Development Review Procedures ................................................................................................. 132

10.1.

Purpose and General Standards ........................................................................................... 132

10.2.

Application Procedures ......................................................................................................... 133

10.3.

Application Requirements .................................................................................................... 134

10.4.

Zoning Permit ........................................................................................................................ 135

10.5.

Architectural Review, Minor ................................................................................................. 136
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10.6.

Architectural Review (Major) ................................................................................................ 137

10.7.

Subdivision Review................................................................................................................ 139

10.8.

Minor Subdivision ................................................................................................................. 139

10.9.

Major Subdivision ................................................................................................................. 140

10.10.

Administrative Adjustment ................................................................................................... 143

10.11.

Special Exception .................................................................................................................. 144

10.12.

Variance ................................................................................................................................ 145

10.13.

Administrative Appeals ......................................................................................................... 147

10.14.

Amendments and Rezonings ................................................................................................ 148

10.15.

Vested Rights and Expiration of Approvals ........................................................................... 150

11.0

Nonconformities ........................................................................................................................... 151

11.1.

Purpose and Intent ............................................................................................................... 151

11.2.

Authority to Continue ........................................................................................................... 152

11.3.

Determination ....................................................................................................................... 152

11.4.

Change of Tenancy or Ownership ......................................................................................... 152

11.5.

Minor Repairs and Maintenances ......................................................................................... 152

11.6.

Historic Buildings................................................................................................................... 152

11.7.

Legal Nonconforming Uses ................................................................................................... 152

11.8.

Nonconforming Lots of Record ............................................................................................. 153

11.9.

Nonconforming Structures ................................................................................................... 153

11.10.

Nonconforming Signs ............................................................................................................ 154

11.11.

Nonconforming Site Features ............................................................................................... 155

12.0

Violations and Enforcement ......................................................................................................... 155

12.1.

Violations Generally .............................................................................................................. 155

12.2.

Enforcement.......................................................................................................................... 155

Appendix ................................................................................................................................................... 157
13.0

Definitions ..................................................................................................................................... 157

14.0

Town of Chapin Tree List............................................................................................................... 183

15.0

Approved Color Palette ................................................................................................................. 183

16.0

Unified Development Review Permit and Fee Schedule .............................................................. 183

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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).
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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.
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.

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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 required 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
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
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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. On-premise signage is contained within the property of the use, and is either attached to the
primary building or a free-standing sign supported by a small structure. This section regulates the
number, size, location, and content of signs. These sign standards have been carefully crafted to allow
uses to have visibility to vehicular and pedestrian traffic, but also to prevent the proliferation of signs
that could pose a traffic hazard, not to mention the negative aesthetic effects of sign pollution.
Article 10: Development Review Procedures
This section compiles all development review procedures referenced within this code. Various
approvals require decisions by Town Staff and/or other Decision-Making Entity/ Body/ Person(s) that
may require additional review(s). Other sections may reference to this section to inform the reader as to
what kind of approval is required. Each development review procedure details the application
requirements, review procedure, and appeal procedure, if necessary. This article details the vested
rights and regulations adopted by the Town.
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
A zoning violation is characterized as a property that does not meet the minimum regulation as
governed within this UDO. The most common zoning violations can be characterized as inoperable
vehicles, off-premise signs, and operating a use that is not permitted in a specific Zoning District. If
cited, and violations are not corrected and/or attempts to correct, are not completed in a timely
manner, they may result in a fine or misdemeanor charge.
Appendices
The Appendix section of this document is for supplementary documentation to this Ordinance. You will
find the list of defined terms used in this ordinance, the Town of Chapin’s Approved Tree Species List,
the approved color palette, and applicable fee schedule. The relevant section will indicate the use of
these appendices, such as when tree species are proposed during a development project, and/or a
building is under review by the Town.
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Article B: How to use this Code
The Town of Chapin Unified Development Ordinance (UDO) is a compilation and library of rules and
regulations that govern how Real Property and/or Land can be used in a particular area. Using this UDO
requires careful review of the regulations and requirements for any improvement.
It is important to follow the process and obtain any necessary approvals to ensure compliance with local
zoning laws. Below are steps that should be followed prior to consideration of a development
application:
1. Identify the appropriate Zoning District: The first step in using a UDO is to determine the Zoning
District of the property you are interested in. The Zoning District is typically illustrated on a
zoning map, which is available from your local government or planning department.
2. Examine the Permitted Uses: Once you have determined the appropriate Zoning District and
examined the Permitted Uses for that District, the UDO will attempt to provide a complete list of
allowable uses for that Zoning District such as residential, commercial, or industrial. Make sure
the intended use of the property is allowed in that zoning district.
3. Acknowledge and comply with special requirements: Various Zoning Districts may dictate special
requirements, such as minimum lot size, setbacks from property lines, or maximum building
height(s). Make sure to review these requirements to ensure compliance.
4. Identify and Review Zoning Variances or Special Permits: If the intended use of a property is not
allowed and/or permitted in a specific Zoning District, it may be possible to obtain a variance or
special permit. These are typically characterized as exceptions to the UDO and allow certain uses
under certain conditions. Applicants will be required to review all requirements for obtaining a
Variance or Special Permit prior to application submission.
5. Application Submission: Applicants will submit an application to their local government or
planning department and will briefly describe the intended use of what is being applied for,
plans or improvements to be made on the property, and remit payment for associated fees. If a
Variance or Special Permit is required, additional application documents may be required.
6. Public Hearing Attendance: Contingent upon what has been applied for and/or due to a request
for Zoning Variance or Special Exception, Applicants may be required to attend Public Hearings
established by the appropriate Decision-Making Entity or Commission. Public hearing
attendance will serve as an opportunity for Applicants to present their application request and
will facilitate an opportunity to provide responses to questions derived from the applicable
decision-making body.
7. Obtain approval: Once an application has been reviewed, and any or all necessary or required
hearings have been held, a decision will be rendered. If approved, an applicant will then be
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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
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
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1.1.

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

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

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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
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.

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

1.4.

Purpose and Intent
1.4.1. In accordance with SCCL Section 6-29-710, this Code is adopted for the general
purposes of guiding development in accordance with existing and future needs
and promoting the public health, safety, convenience, order, appearance,
prosperity, and general welfare. To these ends, this Code is adopted with
reasonable consideration of the following purposes, where applicable:
a. To provide for adequate light, air, and open space
b. To facilitate the creation of a convenient, attractive, and harmonious
community
c. To protect and preserve scenic, historic, or ecologically sensitive areas
d. To facilitate the adequate provision or availability of transportation, police
and fire protection, water, sewage, schools, parks, and other recreational
facilities, affordable housing, disaster evacuation, and other public services
and requirements
e. To secure safety from fire, flood, and other dangers
f. To further the public welfare in any other regard specified by a local
governing body
Specifically, the regulations contained in the UDO and other relevant adopted
plans and policies are designed to implement the following planning principles:
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
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
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conformance with the Comprehensive Plan and other plans and policies
adopted by the Town.
1.6.

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

1.7.

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

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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:
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
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7. Review and provide recommendations to the Town Council regarding
Annexations.
2.2.2. Membership, Terms, and Compensation
a. Number: All commission members shall be appointed by the Mayor and
Town Council. The Planning Commission shall consist of five (5) members.
b. Appointment: Planning Commissioners shall reside within the Town of
Chapin, Lexington County, or surrounding area. Members shall serve until
their successors are deemed qualified and appointed, and shall meet all the
requirements for appointment as outlined within the Town of Chapin’s
ordinances and per applicable State Law. No member of the Planning
Commission shall be the holder of an Elected Public Office of the Town. All
appointed members of the Planning Commission shall have demonstrated
independent judgment and shall be able to prepare for and attend board
meetings.
c. Terms: All terms shall be for three (3) years and shall be staggered with no
more than two commissioners with the same term period, unless otherwise
noted. All terms shall expire on December 31st of the applicable calendar
year.
d. Vacancies: A vacancy, for any reason, shall be filled for the unexpired term.
e. Removal: The Town Council may remove any town-appointed member of
the PC for cause by majority vote of the Council.
f. Compensation: Any and/or All members shall serve without pay. Members
may be reimbursed for actual expenses incurred in the performance of their
duties from available funds approved in advance by the Administrator.
2.2.3. Officers, Meetings, and Quorum
a. Officers: Pursuant to State Statue § 6-29of the South Carolina Code of Laws,
1976, as amended, shall organize a local Planning Commission. The
Planning Commission shall elect a chairperson and a vice-chairperson from
its members who shall serve a one (1) calendar year appointment or until
re-elected; or until a successor is elected.
b. Meetings: Meetings of the Planning Commission shall be convened each
month within a calendar year, at the request of the Chairperson, and/or at
such other times as the majority of the Planning Commission Members or
Town Officials may determine. All meetings of the Planning Commission
shall be open to the public.
c. Quorum: A majority of the members appointed shall constitute a quorum.
d. Rules of Proceeding:
1. The Planning Commission shall adopt rules of organizational procedure
(Robert's Rules of Order).
a. The PC shall adopt and retain bylaws and rules of procedure.

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

Board of Zoning Appeals
2.3.1. Powers and Duties
a. Authority: The Board of Zoning Appeals (BZA) is hereby established,
pursuant to the authority of § 6-29, et seq., of the South Carolina Code of
Laws, as amended, and shall hereafter be referred to as the BZA.
b. Territorial Jurisdiction: The BZA may exercise the power set forth in Title 6,
Chapter 29 of the South Carolina Code of Laws, as amended, within the
municipal boundary in the Town of Chapin. The Town Council may expand
the jurisdiction of the BZA by ordinance and/or intergovernmental
agreement, in accordance with the provisions of § 6-29of the South Carolina
Code of Laws.
c. Appeals: The BZA shall entertain and determine appropriate appeals action
where it is alleged there is an error in an order, requirement, decision, or
determination made by an Administrative Official in the enforcement of this
Code.
d. Variances: The BZA shall hear and decide requests for Variance from the
requirements of this Code when strict application of the provisions of the
Ordinance would result in unnecessary hardship.
e. Special Exception: The BZA shall permit uses by Special Exception subject to
the terms and conditions set forth for such uses in this Ordinance.
2.3.2. Membership, Terms, and Compensation
a. Appointment: All BZA members shall be appointed by the Mayor and Town
Council. The BZA shall consist of five (5) members The BZA Commissioners
shall reside within the Town of Chapin, Lexington County, or surrounding
area. Members shall serve until their successors are deemed qualified and
appointed, and shall meet all the requirements for appointment as outlined
within the Town of Chapin’s ordinances and per applicable State Law. No
member of the BZA shall be the holder of an Elected Public Office of the
Town. All appointed members of the BZA shall have demonstrated

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b.

c.
d.
e.

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

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.
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

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

Architectural Review Board
2.4.1. Powers and Duties
a. Territorial Jurisdiction: The Architectural Review Board, referred to herein
as the ARB, shall perform all functions defined herein within the area of
jurisdictional control within the Town of Chapin.
b. Powers and Duties: Review, approve, or deny, all applications subject to
Major Architectural Review as outlined in Section 10.6.
2.4.2. Membership, Terms, and Compensation
a. Appointment: Members of the ARB shall be appointed by the Town Council
The ARB shall consist of five (5) members appointed by Town Council. Four
(4) of the five (5) Board members must have professional backgrounds
related to this field, with one representative of each of the following
professions sitting on the Board: registered architect, real estate
professional, engineer or member of the building trades, and a Chapin
business owner. The fifth seat is open to members of the general public.
b. Terms: All terms shall be for three (3) years and shall be staggered with no
more than two commissioners with the same term period. All terms shall
expire on December 31st of the applicable calendar year and members must
continue to serve until their successors are appointed.
c. Officers: The ARB shall elect a chairperson and a vice-chairperson from its
members who shall serve a one (1) calendar year appointment or until reelected; or until a successor is elected
d. Rules of Proceeding:
1. The ARB shall adopt rules of organizational procedure (Robert's Rules of
Order).
a. The ARB shall adopt and retain bylaws and rules of procedure.
2. Board members that may have a conflict of interest, either perceived or
proven through the SC Ethics Commission, shall abstain from voting on
the matter that is causing the conflict.
3. In the case of an abstention where there is no conflict of interest, an
abstention from voting shall be considered a vote to approve the
motion
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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
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
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k. Review and make recommendations to the Architectural Review Board on
Major Development Design Review applications
l. Review and make recommendations on preliminary plats, site plans, and
final plats
2.7.

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

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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.

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.

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3.4.

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

3.5.

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

3.6.

Table 3.6.1. Establishment of Zoning Districts
Description

Illustration

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(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 (.2 d.u./acre)
uses on large sites, and to encourage
preservation of natural resources and guard
against the premature or unreasonable
alteration of land resources. This district may
be utilized for areas annexed by the Town to
preserve the existing rural characteristics, and
to prevent urban sprawl.
RR, Rural Residential District: RR districts are
intended to limit high density development,
encourage low-impact developments such as
conservation subdivisions, and to protect
natural and agricultural areas by limiting and
regulating commercial development.

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

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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.

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.

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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.
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.

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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.

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.

Source: Laurel Island PUD, Charleston, SC

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PO, Parks/Open Space District: The open space
district is established as a district in which the
primary use of the land is predominantly
reserved for flood control, future thoroughfare
right-of- way, public recreation, community
facility sites, airport approaches, natural or
man-made bodies of water, forests, and other
similar open space uses.

3.7.

District Development Standards

(ON NEXT PAGE

30

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
50'
50'
25'
25'
25'
Front Setback, minimum
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'
Height5

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'

15
None
None
None
25'
50'

None
None
None
None
None
N/A

30’

30’

30’

30’

30’

30’

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

31

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.
32

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 right-ofways 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.

33

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 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 may be a maximum
of 6’ in height.
3. Side or rear setbacks of nonresidential and industrial: Fences or walls may be a
maximum of 10’ in height.
j. Mailboxes: Mailboxes may encroach into a front setback area.
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:
1. Building elements (such as church spires, towers, cupolas, domes, etc.) not intended for
human occupancy;
34

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.

35

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)

36

Table 4.3.2 – Table of Permitted of 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
P

C
C
C
C
C
P
P

C

C
SE
C
P

C

C
SE
C
P

C

C
C
C

C
C
C

SE
SE
P
P

SE
SE
P
P

P
C

P
P

P
E
C
E
P

SE
C

SE
C

SE
C

SE
C

SE

P

P
C

P
C

P
C

P

C
SE
SE
P

P

SE
C
C

C
C

SE
C

SE
C

C
C
SE

SE
C

C

C
C

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

C
C

SE
C
C
C
C
C

C

SE
C

P
C

P
C

P
C
E

C

4.4.2.f
E

C

4.4.2.g
SE

4.4.2.h
4.4.2.h
4.4.2.i

P

C

C

4.4.3

SE

C
C
P

SE

C

SE

SE

SE

C

C

C

C

SE
C

SE
C

P

C

C

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
37

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

C

C
C

C

IC
P
P
P
P

OC

C
P
P
P
C
P
P
P
SE
P

C
P
P
P
C
P
P
P
SE
P

P
P
P

C
SE
P

SE
P

P
P
C

C

C

CC
P

LI

PO

Code Section
4.4.3.n

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

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

38

INDUSTRIAL
Animal Shelters
Correctional Facility
Crematory
Heavy Equipment Rental
Indoor Shooting Range
Type of Use
Junk Yard or Scrap yard
Manufacturing or Production Facility
Outdoor Shooting Range
Outdoor Storage
Repossession Services
Telecommunication Tower
Truck Sales and Service
Warehouse
Wholesale Trade

4.4.5
P
SE
SE
SE
SE
RA
SE

P
SE
SE

SE
SE

SE

SE
SE
SE

SE
RR

SE

SE

SR1

SR2

SR3

TR1

TR2

TR3

VC

SE
SE
SE

TC

PI

SE

P

P
SE

C
SE
CC

C
SE
IC

SE
C
SE
SE

SE
C
SE
C
C
P

OC

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

4.4.5.a
PO

Code Section

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

39

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

40

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.

41

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.

42

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.
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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. Density: To ensure the protection of the scale of existing development and
neighborhoods, the density for any multi-family development shall be no more than 16

44

dwelling units per acre. The density for multi-family units shall have a maximum density
in the following zoning districts:
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

45

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 number of individual short-term rental rooms in a single home: 3 rooms
4. Maximum number of consecutive days short term rental may be rented to a renter: 30
5. Property owner required to acquire a business license with the Town of Chapin.
6. Business License number must be displayed on all advertisements and/or bookings for
short term rental.
7. Property owner 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
hours of contact.
8. At the time of application for business license a valid Certificate of Occupancy that is on
file with Lexington County must be produced by the applicant.
9. Applicant properties may be subject to an inspection by the Town of Chapin upon
application.
10. The owner or responsible agent shall maintain a guest register to include names,
addresses, phone numbers, and dates of occupancy of all guests.
11. Campers, Boats, any form of recreational vehicle, mobile homes, and structures not
issued a CO for habitation may not be used as short-term rentals.
12. 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
46

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.
47

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
48

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
permitted. Areas adjacent to roadways or vehicular circulation shall be protected by a
fence, vegetation, or combination thereof without obstructing sight triangles.
3. Accessory Uses: May be permitted to have a commercial kitchen that is compliant with
all food safety, building, and fire codes.
4. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
a. Size: 10,000 sq. ft. maximum gross floor area
b. Agricultural Component: At least 5% or 150 sq. ft., whichever is greater, shall be
dedicated to the growing of agricultural produce such as wheat, barley, grapes,
herbs, or other produce that is non-invasive.
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

49

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 form the public right-of-way and
adjacent properties. Areas reserved for the exercise and play of animals shall be
defined by a 6 feet wall or fence.
3. Operation: Outdoor activity is permitted during daylight hours, animals must be
boarded indoors at night.
4. Compliance with other codes and regulations: Applicant shall comply with all other
Town, County, State, and Federal Regulations. (Code of Ordinances Town of Chapin,
3.102)
5. Applicable to Town Center (TC) and Village Commercial (VC): All animals shall be within
the building. Outdoor kennels are not permitted.
x. Restaurant, Full Service
1. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
a. Size: 10,000 sq. ft. maximum gross floor area
b. Design: No flat or parapet roofs. Minimum roof pitch shall be 4:12.
y. Specialty Retail
50

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.
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.
e. Farmers Market, Indoor and Outdoor
51

f.

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.
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)

Exemptions: Police, Fire or Ambulatory stations are exempt from these standards.
g. Hospitals
1. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
a. Size: 15,000 sq. ft. maximum gross floor area
b. Licensing: Shall have all Federal and State licenses.
c. Need: Shall provide documentation detailing demand or need of healthcare
facilities.
h. Religious Assembly
1. Minimum Lot Size: 20,000 sq. ft.
2. Setbacks: Principal building at least 25 feet from adjacent residentially zoned
properties.
3. Accessory Uses: Day cares and Sunday schools are allowable accessory uses.
4. Applicable to Town Center (TC) and Village Commercial (VC): Distance requirements
from bars, tobacco stores, tattoo parlors, and other similar uses do not apply.
i. Theater
1. Operation: The use shall only operate between 8:00am and 10:00pm unless a noise
ordinance waiver is granted by the Town. Indoor shows or events are exempted from
this requirement.
2. Lighting and Noise: No speaker or lighting fixture shall negatively affect any adjacent
residential property. The use shall comply with applicable lighting 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.
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.
a.

52

b.

c.
d.

e.

4.5.

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

a. (ACCESSORY USE TABLE ON NEXT PAGE)

53

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

TR3

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

P

P

C

C

B o at house an d/or dock

C

C

C

C

VC

TC

PI

CC

IC

OC

P

P

P

P

P

P

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

SE

SE

SE

P

P

SE

SE

SE

C

C

C

P

P

P

P

P

P

C

C

C

C

P

P

P

P

P

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

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

P

P

P

P

P

G a r a g e, attac h e d

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Gazebo

P

P

P

P

P

P

P

P

P

P

P

Greenhouse

P

P

P

P

P

P

P

SE

SE

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

PO

C

C

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

P

LI

P

P
P
C

SE

C

O ut d o or Storag e for Eq uipm e nt or

C
SE

P

P

P

M a t e ri als
P arking L ots

SE

SE

P

54

P orch

P

P

P

P

P

P

P

P

P

P

P

P

P

P riv at e St a bl e

P

P

SE

Shed

P

P

C

C

C

C

C

C

C

SE

P

C

C

S olar En ergy Syste m

P

P

P

P

P

P

C

C

C

C

C

C

C

S wi m mi n g P o ol

P

P

P

P

P

P

P

P

SE

SE

P

P

P

C

P

P

C

SE

55

4.5.3. Accessory Use Standards
a. Accessory Dwelling Unit
1. Location: Shall be located in the rear. May be constructed above an existing attached or
detached garage, if compliant with all other regulations.
2. Size: Shall not be larger than 50% of the gross floor area of the principal use, or 1,500
square feet, whichever is smaller. Shall have a minimum size of 240 square feet.
b. Automated Teller Machine (ATM)
1. Location: Shall be located within or on the exterior façade of the principal use. For
pedestrian accessible machines, it is encouraged to place adjacent to existing sidewalk
connection.
2. Accessory: Shall only be an accessory to a use. ATMs shall not be considered a principal
use.
3. Design: The Administrator may request that the applicant demonstrate compliance
with Crime Prevention Through Environmental Design (CPTED) best practices to ensure
the health and safety of users.
c. Beekeeping
1. Location: Shall be located in the rear yard, and shall not create a nuisance to adjacent
uses. The owner shall live on premises where bees are kept. No colony shall be within 30
feet of adjacent buildings on adjacent lots.
2. Size: Shall be a maximum of five colonies, each with one queen, except within RA or RR
Zoning Districts.
3. Design: A flyway barrier of at least 6 feet in height is required, composed of a fence, wall
or opaque vegetations, unless the structures containing bee hives are 80’ from the
nearest property line. The walls of the barrier shall be oriented towards adjacent uses
and buildings. An on-site freshwater source shall be located within 15 feet of the
structure.
4. Operation: Swarm management techniques shall be implemented. However, such
swarm management techniques for potentially hostile hives, including elimination of the
hive, shall be made by an authorized or accredited third party. The owner shall retain
documentation pertaining to the elimination of a hive for inspection by the Town or
applicable agency.
d. Boat House and Dock
1. Permit Required: Shall receive all relevant permits and approvals from Federal, State, or
Local agencies prior to construction.
e. Caretaker Dwelling
1. Location: Shall be located on the same premises with the principal use for which it is
required.
2. Number: No more than one residence on the property, and shall be occupied by owners
or employees of the use for which it is required.
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

56

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-of-way. No prefabricated or pre-manufactured metal structures are
permitted.
a. Exceptions: Carports in the RR, RA, and SR1 district may be prefabricated or premanufactured.
g. Chicken Coop
1. Permit Required: Requires a Zoning Permit from Administrator. The owner of the
chicken coop shall live on premises. No commercial off-premise activity is permitted.
2. Maximum Allowed: No roosters shall be permitted, except in Rural Agricultural (RA) and
Rural Residential (RR). A maximum of 4 female chickens, quail, peahens, or ducks,
except within RA and RR. A minimum of two square feet per domesticated female
chicken shall be provided for the chicken coop. Invasive species are not permitted
3. Coop Required: Must be confined in a coop which is fully enclosed with a solid floor and
made of suitable, washable material. The coop shall be cleaned regularly with all
droppings and excretions placed in a flyproof container. The chicken coop and fenced
enclosure must provide adequate ventilation and adequate sun, shade and must be
constricted in a manner to resist access by rodents, wild birds and predators including
dogs and cats. Chicken coops shall be enclosed on all sides and shall have a roof and
doors. Opening windows and vents must be covered with predator- and bird-resistant
wire of less than one-inch openings.
4. No slaughtering of fowl is permitted on premises
5. All stored food for the domesticated female chickens must be kept either indoors or in a
weather-resistant container designed to prevent access by animals. Uneaten food shall
be removed daily.
h. Deck or Patio
1. Location: Shall be located in the side or rear of the principal use. Patios or Decks
associate with a commercial use may be incorporated within the front entrance, but
only when approved by the Architectural Review Board.
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 circulated
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.

57

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 pre-manufactured 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 pre-manufactured metal
structure. Garages shall be composed of materials and design that complements the
principal structure. Detached garages within the RR and RA zoning district are
exempt from this requirement
b. Location: Shall be located in the rear or side of a principal structure. Shall be
setback completely behind the principal structure.
l. Gazebo
1. Location: Shall be located in the rear or side of a principal use.
2. Design: Shall not be used for parking of vehicles. If used for storage, other than patio
furniture or similar items, any side visible from an adjacent property shall be enclosed or
opaquely screened.
m. Greenhouse
1. Location: Shall be located in the rear or side of the principal use, and shall be located
completely behind the principal use.
2. Storage: May not be used for storage of items or materials unrelated to the care of
plants and/or flowers.
3. Maintenance: Shall be kept in good condition and free from invasive species.
n. Home Occupation
1. The following uses are not permitted as home occupations:
a. Vehicle or Equipment Repair or Service
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.
58

o.

p.

q.

r.

s.

t.

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
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.
Outdoor Storage for Equipment or Materials
1. Location: Storage for equipment and materials shall only be permitted in the Light
Industrial (LI) district. Permitted uses conducting vehicle sales are exempt from this
requirement.
2. Design: Equipment and materials shall be stored in the rear or a non-visible 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.
59

a. Exceptions: Sheds within the RR and RA zoning district are exempt from this
requirement.
u. Solar Energy System
1. Location: Shall only be installed on a roof or canopy. Shall be installed on roof slopes
not visible from public right of way.
v. Swimming Pool
1. Location: Shall be located within the rear or side yard. Shall be completely screened
with a fence or wall from the public right-of-way and adjacent properties.
4.6.

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

60

d.

e.

f.

g.

h.
i.

j.

k.

l.

2. Live performances which are characterized by the exposure of “specified anatomical areas” or
by “specified sexual activities”; or
3. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are
characterized by the depiction or description of “specified sexual activities” or “specified
anatomical areas”.
Adult motel means a hotel, motel or similar commercial establishment:
1. Offers accommodations to the public for any form of consideration; provides patrons with
closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other
photographic reproductions which are characterized by the depiction or description of
“specified sexual activities” or “specified anatomical areas”; and has a sign visible from the
public right-of-way which advertises the availability of this adult type or photographic
reproductions; or
2. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
3. Allows a tenant or occupant of a sleeping room to 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 sexually- oriented 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, drawn, painted, sculptured,
photographed, or similarly depicted by other persons who pay money or any form of consideration.
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.

61

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.
4.6.2. Classification
a. Sexually-oriented businesses are classified as follows:
1. Adult arcades;
2. Adult bookstores or adult video stores;
3. Adult cabarets;
4. Adult motels;
5. Adult motion picture theaters;
6. Adult theaters;
7. Escort agencies;
8. Nude model studios; and
9. Sexual encounter centers.

62

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:
1. An applicant is under eighteen (18) years of age;
2. An applicant is overdue payment to the Town of Chapin for taxes, fees, fines, or penalties
assessed or imposed in relation to a sexually-oriented business;
3. An applicant has failed to provide information reasonably necessary for issuance of the permit
or has falsely answered a question or request for information on the application;
4. An applicant is residing with a person who has been denied a permit by the Town of Chapin to
operate a sexually-oriented business within the preceding twelve (12) months, or residing with a
person whose license to operate a sexually-oriented business has been revoked within the
preceding twelve (12) months;
b. The premises to be used for the sexually-oriented business have not been approved by the health
department, fire department, and the building official as being in compliance with applicable laws
and ordinances;
c. The permit fee required by this Ordinance has not been paid;
d. An applicant of the proposed establishment is in violation of or is not in compliance with any of the
provisions of this Ordinance; or
e. The permit, if granted, shall state on its face the name of the person or persons to whom it is
granted, the expiration date, and the address of the sexually oriented business. The permit shall be

63

f.

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 sexually-oriented business for the purpose of ensuring
compliance with the law, at any time it is occupied or open for business.
b. A person who operates a sexually-oriented business or his agent or employee commits a
misdemeanor if he refuses to permit such lawful inspection of the premises at any time it is
occupied or open for business.
4.6.7. Expiration of Permit
a. Each permit shall expire one year from the date of issuance and may be renewed only by making
application as provided in Section 4.6.4. Application for renewal should be made at least thirty (30)
days before the expiration date, and when made less than (30) days before the expiration date, the
expiration of the permit will not be affected.
b. When the Administrator denies renewal of a permit, the applicant shall not be issued a permit for
one (1) year from the date of denial. If subsequent to denial, the Administrator finds that the basis
for denial of the renewal permit has been corrected or abated, the applicant may be granted a
permit if at least ninety (90) days have elapsed since the date of denial became final.
4.6.8. Suspension of Permit
a. The Administrator may suspend a permit for a period not to exceed thirty (30) days if it is
determined that a permittee and/or licensee or an employee of a permittee and/or licensee has:
1. Violated, or is not in compliance with any section of this Ordinance; or
2. Engaged in excessive use of alcoholic beverages while on the sexually- oriented business
premises; or
3. Refused to allow an inspection of the sexually-oriented business premises as authorized by this
chapter; or
4. Knowingly permitted gambling by any person on the sexually-oriented business premises.
4.6.9. Revocation of Permit
a. The Administrator shall revoke a permit if it is determined that:
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 sexually-oriented 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
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6. A permittee and/or licensee is delinquent in payments to the Town of Chapin or state for any
taxes of fees past due.
b. When the Administrator revokes a permit, the revocation shall continue for one (1) year, and the
permittee and/or licensee shall not be issued a sexually-oriented permit for one (1) year from the
date revocation became effective. If, subsequent to revocation, the Administrator finds that the
basis for the revocation has been corrected or abated, the applicant may be granted a permit if at
least ninety (90) days have elapsed since the date the revocation became effective.
4.6.10. Transfer of Permit
a. A permittee and/or licensee shall not transfer his permit to another, nor shall a permittee and/or
licensee operate a sexually-oriented business under the authority of a permit at any place other
than the address designated in the application.
4.6.11. Location of Sexually-Oriented Businesses
a. A sexually-oriented business may be permitted by Special Exception within the Corridor Commercial
(CC) and Interstate Commercial (IC) zoning districts.
b. A sexually-oriented business shall not be operated within one thousand (1,000) feet of:
1. A church;
2. A public or private elementary or secondary school;
3. A boundary of any residential district;
4. A public park adjacent of any residential use;
5. A day care center; or
6. The property line of a lot devoted to residential use.
c. A sexually-oriented business shall not be operated within one thousand (1,000) feet of another
sexually- oriented business.
d. There shall be no more than one (1) sexually-oriented business in the same building, structure, of
portion thereof, or the increase of floor areas of any sexually-oriented business in any building,
structure, or portion thereof containing another sexually business.
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

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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 sexually-oriented 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.
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 patron is permitted access to any area of the premises which has

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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 co-existence 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
Table 4.7.2: Telecommunication Tower Dimensional Requirements
Districts
Maximum Height
Setback (from adjacent
properties)
Rural Agricultural (RA)

400 feet

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

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f.

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

Temporary Uses
4.8.1. Permits Required
Unless otherwise provided, all permitted temporary uses listed below shall require a temporary use
permit that shall be reviewed and issued by the administrator, subject to the procedures outlined in
Section 10.4, Zoning Permit. If a use is not on the list below, it is prohibited.
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

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area, existing buildings, existing parking areas and existing driveways and roads. If there will be any
temporary structures, such as a tent or stand, they also need to be shown on the site plan.
e. Setbacks: Setbacks for structures (tents, stands, etc.), items for sale, or parking areas shall be 25 feet
from any adjacent property line or street right-of-way.
f. Bond: For all structures associated with a temporary use, a performance bond, surety bond, cash
deposit, or letter of credit shall be posted in the amount of 125% of the cost of the structure, trailer,
or building, or amount agreed upon by the Administrator and applicant. In the event that the
temporary use is not removed within the time specified on the zoning permit, this bond shall be
called and the Town shall remove the temporary structure.
4.8.3. Permitted Temporary Use
a. Open lot sale of seasonal produce and plant products including Christmas trees, pumpkin patches,
or similar agricultural activity for a period not to exceed 45 consecutive calendar days. Applicant’s
shall obtain all appropriate Permits as well as all applicable licenses from the Town, County, or State.
b. Temporary real estate sales offices (e.g., construction trailer, model home), in conjunction with an
approved subdivision or development project, in any district, for a period not to exceed 1 year
unless renewed, provided no cooking or sleeping accommodations are maintained in the structure.
These may be renewed, upon written request, for periods of 6 months at a time if the subdivision
has an active Project Permit. Only one (1) temporary real estate office shall be allowed per 50
residential units within the development.
c. For new construction, a contractor’s office and equipment sheds, including steel cargo storage
containers, in any district districts, for a period of 1 year, provided a Project Permit has been issued
for construction on the site, and such facilities are placed on the property to which it is appurtenant
d. Temporary classroom facilities shall not be located at any school, religious institution, or other
similar use, unless a plan for improvements designed to eliminate the temporary classrooms at a
time certain in the future has been approved by the Administrator or appropriate zoning process.
Such process shall include a review of a site plan for the temporary classrooms, and may require
screening, buffering, or other standards for compliance. Extensions of up to 1-year may be
permitted by the administrator, upon written request, if the units have not proven to be a nuisance
and the plan for elimination is still active.
e. Portable steel storage containers are permitted in any district for purposes of loading or unloading,
for a period not to exceed 30 consecutive calendar days when located on private property, and 14
consecutive calendar days when within a right-of-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.
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5.0

Land Development Standards
5.1.
Purpose
The public health, safety, economy, good order, appearance, convenience, morals, and general welfare
require the harmonious, orderly and progressive development of land within the Town of Chapin. In
furtherance of this general intent, the regulation of land development by the Town of Chapin is adopted
for the following purposes, among others:
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.
5.2.
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).
5.3.
General Requirements
5.3.1. Street Improvements: Land designated for public or private streets shall be cleared and filled in
accordance with the latest edition of the “South Carolina Standard Specifications for Highway
Construction”, South Carolina State Highway Department, or as determined appropriate by
Lexington County or authority having jurisdiction.

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5.3.2. Water and Sewer Facilities: Water and sewer facilities shall be provided in accordance with the
standard procedures and policies of the Town, the Department of Health and Environmental
Control (DHEC) and by the water and sewer provider, if different from above.
5.3.3. Utility Lines: All utility lines within a development site shall be installed underground. 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-ofway (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:
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
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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 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.

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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 detrimental to residents of the existing subdivision, additional access shall be
provided.
5. Subdivisions that create or result into 30 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.
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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.
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.
76

3. Design: Stub streets and streets intended for extension during future phases shall be
constructed to extend to the property line or as close to the line as practical. It shall be
the responsibility of the second development to construct the connection to an existing
stub street. Stub streets shall not exceed 150 feet in length without a paved turnaround
(permanent or temporary)
4. Adjacent Parking Areas: Where most feasible, parking areas that are adjacent to each
other shall be connected to limit curb cuts and access points along the public right-ofway. 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-of-way 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 Manual by SCDOT, or defer to Lexington County Engineer, or
authorized representative from SCDOT, as appropriate.
2. Traffic Control devices: Signs and/or signals, shall be installed by the Developer as
deemed appropriate by Lexington County, its agencies and/or SCDOT. The authority to

77

3.
4.

5.

6.

7.

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

Travel Lane
Width
(Min/Max)*

1. Residential or
Light Commercial

–

–

2. Residential Local

–

–

3. Private
Commercial

–

–

4. Private Residential

–

–

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’

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5. Downtown
Street***

–

–

6. Private Rear lane
(Residential)

–

–

7. Private Alley
(Commercial)

–

–

Required in TC,
Encouraged in VC

3’

5’

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 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
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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 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
80

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 an existing right-of-way or construction of a
new right-of-way encounters any of the following constraints:
a. Insufficient existing street right-of-way
b. Topographic features
c. Conflict with SCDOT or County road project
d. Legal constraints
5.3.12. Street Access Standards
a. Applicability: Any development that requires an access point (rear alley/lane or driveway)
for purposes of ingress and/or egress shall be subject to the provisions of this section. All
new accesses must be approved by the appropriate permitting authority. The Town
encourages developments that limit and/or combine access points to prevent high
concentrations of access points along main roads.
b. Maximum Number: For single-family, two- and three-family dwellings, only one driveway
shall be permitted per lot. In Rural Districts (RA, RR) and Suburban Residential Districts (SR),
circular driveways may be permitted on 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-of-way 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.
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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 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

Greater than 5
acres

District
Agricultural (RA or RR)

50%

50%

50%

Suburban Residential (SR1,
SR2, & SR3)
Town Residential 1-2 (TR1
and TR2)
Town Residential 3 (TR3)

20%

20%

25%

10%

10%

15%

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%

Exempt

Exempt

Exempt

Industrial (LI)

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*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.

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 course, or other outdoor sport court or filed greater than
1,743 sq. ft

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h. Sports Field: Outdoor sport fields such as football, soccer, 9-hole golf, 18-hold discgolf 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

Amenity Type

(10 to 49 lots)

(50-99)

(100-249)

(250+)

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.
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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 additional area as described is combined with a required sports field area.
b. 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.
c. 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.
d. 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.
e. Bus Stops: The Planning Commission may require the applicant work with the
Lexington County School District to locate optimal areas for school bus stops.
f. Mail Kiosk: If required by the United States Postal Service, cluster-style mailbox
kiosk’s shall be subject to the design standards of the USPS.
g. 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.
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.

85

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;
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,

86

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
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.
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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: Definitions of this Ordinance. All
construction contracts shall include language protecting sensitive areas, agricultural
land, areas of conservation, and areas containing sensitive elements.
3. The location and type of all proposed areas to be preserved as open space or
agricultural land, including areas of mitigation and preservation. These areas shall be
marked for identification upon site inspection.
4. Existing zoning, land use(s), and approximate density of residential uses.
5. Septic or waste water provisions as provided by SCDHEC.
6. For areas of agricultural preservation, a buffer strip of at least seventy-five (75) feet
must be delineated. When possible, existing woodlands should be used, if not, a variety
of rapidly growing indigenous trees and shrubs should be planted thickly in the buffer
strip.
7. Any other provisions not specifically required or excluded herein, as required by this
Ordinance.
c. Density: The Town of Chapin Planning Commission may modify the minimum lot sizes
required by that zoning district per conservation subdivision, to allow for a higher 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.

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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
In order to prevent creation of traffic hazards, insure the provision of off-street 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.
2.
3.
4.
5.
6.

Site Analysis consistent Section 10.3.1.a
Site Plan consistent with all relevant information detailed in Section 10.3.1.c.
Traffic Impact Study consistent with the requirements of Section 5.6
Construction Documents consistent with Section 10.3.1.d.
Major Architectural Review Application consistent with Section 10.6
Any additional applicable development review as required by Article 10.

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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.
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:

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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.
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 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.

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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.
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

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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.
Coordination with other entities in the county government or South Carolina Department of
Transportation (SCDOT) shall be the responsibility of the applicant. All phases of a development
are subject to review, and all traffic plans for the entire development shall be integrated with
the overall traffic analysis.
5.6.3. Contents Traffic Impact Study (TIS)
a. Study Contents: At minimum a TIS shall include the following:
1. Introduction: A written narrative describing the proposed land use(s), size, and
projected opening date of the project and all subsequent phases.
2. Existing Land Use
3. Proposed Land Uses
a. Location and context
b. Description of development
c. Zoning Characteristics
d. Site Plan
4. Recently approved 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
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e.
f.
g.
h.
i.
j.

Trip distribution patterns
Turning movement diagrams for peak hours
Access analysis
Traffic Control Devices
Mitigation and Alternatives
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]

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
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7.2.

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.
Administration
7.2.1. Applicability
Except as contained herein, the regulations within this article shall apply to the following:
a. All new development. Redevelopment of parcels, buildings, or structures are subject to
Section 11.11, Nonconforming Site Features.
b. Development requiring Minor or Major Architectural Review (Section 10.5 and 10.6).
c. Regulations pertaining to tree removal shall apply to all properties within the Town’s
jurisdiction.
d. New parking areas or existing parking areas expanded by more than 50% or by 12 spaces or
more.
e. Other areas within this article that specifically identifies an applicable situation or
development.
7.2.2. Timing
Review for compliance with the standards in this Section shall occur during the applicable
development review procedures within Article 10.
7.2.3. Landscape Plan Required
A landscaping plan shall be submitted with an application for development subject to the
requirements of this Section. The landscaping plan shall depict the following:
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

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equipment, recreational facilities, and other freestanding structural features as determined
necessary by the Town.
f. Location of plant material, including name of plants (botanical and common), installation
size, spread at time of planting and at maturity, quantities of plants, and other remarks as
appropriate to describe plant selection. (Lawns and beds of annual or perennial plants may
be designated by common names only)
g. Onsite and abutting land use features [within 50 feet], and use(s) of adjacent parcel(s).
h. Protection plan for existing trees that are to be saved.
i. Location of irrigation systems.
7.2.4. All landscaping plans for nonresidential and multi-family sites having an area greater than one
acre shall be prepared by a registered landscape architect.
7.2.5. Landscaping plans for sites having an area of one acre or less may be prepared by other design
professionals with competency in landscape design when the design is incidental to their work.
7.2.6. The Administrator may approve revisions to landscaping in an approved site plan in order to
accommodate seasonal planting problems or a lack of plant availability as long as:
a. There is no significant reduction in the quantity of plant material.
b. There is no significant change in the size or location of plant materials.
c. The plant substitutions are of the same general category and have the same general design
characteristics as the materials being replaced.

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
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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 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

97

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.
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, rot-resistant wood, or composite material.
The materials of the screen shall be complementary to the materials found on the primary
building.
c. Delivery, Service, and Loading Areas: Delivery, service, and loading areas shall be completely
screened from the public right-of-way and any adjacent residential use.
7.3.10. Lighting of Landscape features
a. Accent lights used to call attention to signs or landscape features are permitted provided
they meet all of the following conditions:
1. They are not comprised of white or clear lights.
2. They do not exceed 25 watts per fixture.
3. They are directed onto the surface of the sign or into the plant material.
4. The bulb is not exposed.
5. They do not spillover beyond the plane of the building or feature they are meant to
illuminate.
6. They are not moving or animated.
7.4.

Parking Landscaping
7.4.1. Parking Lot Screening
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a. Applicability: All new or expanded parking areas shall be screened from the public right-ofway 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
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

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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.
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
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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.
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

High Impact

Type A

Type B

Type C

Type D

Type E

5 ft

10 ft

20 ft

50 ft

100 ft

Canopy Trees per
100 linear ft.

4

6

8

10

12

Shrubs per 100
linear ft.

12

18

30

40

50

Minimum
Width

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
Adjacent Zoning District
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Proposed Use or
Zoning Category
(per Article 4)

Vacant
Land

RR or
RA

SR1,
SR2,
and
SR3

TR1 or
TR2

TR3

Manufactured
Homes or Parks

PI

TC or VC

OC

CC or IC

LI

Agricultural

N/A

N/A

B

C

C

A

B

D

D

D

C

Suburban Residential

A

C

N/A

B

C

C

B

B

B

D

E

Town Residential

A

C

C

A

N/A

C

B

B

B

E

E

Multi-family

B

C

C

B

A

C

B

B

B

C

D

Commercial

B

C

D

C

B

C

N/A

N/A

N/A

N/A

C

Manufactured Homes or
Parks

B

C

D

C

B

N/A

B

D

C

E

E

(PI)

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

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 compose that is complimentary to the building in design and materials complies
with the following:
a. The minimum width may be reduced by 25% if a solid wall or fence, at least six feet
in height, is constructed. The fence shall be supplemented with shrubs and
Understory trees.
b. A 50% width reduction may be granted with the installation of a solid brick wall,
masonry wall faced with brick or stucco, or a berm with a minimum height of six (6)
feet.
2. Conflicts with Existing Features
Where there are conflicts with overhead utilities, easements, topographic features, or
other limitation determined by the administrator, one Canopy tree may be replaced by
two understory trees.
d. Permitted Improvements within Perimeter Buffers
Perimeter buffers shall contain only vegetation. The following exceptions may be allowed
provided the requirements in 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.
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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.
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, as measured
perpendicularly to the street, along the entire length of the property.
c. Tree Planting Requirements: Canopy trees shall be planted unless overhead utility lines or
other factors require the use of medium or Understory trees, as approved by the
Administrator. Fractions generated by applying the minimum number of plants to the actual
linear footage of the buffer shall be rounded up to the nearest whole number. (For example,
125 feet of buffer length would be required to have two large trees or three medium trees
or four small trees.) The planting schedule for street buffers shall be as follows:
1. Canopy Trees: 1 per .015 linear foot of frontage.
2. Understory Trees: 1 per .060 linear foot of frontage.
d. Other Planting Requirements: a minimum of 30 percent of the buffer area shall be planted
in a combination of approved shrubs, perennials, ornamental grasses, live ground cover, or
turfgrass. Additional plantings may not be required in significant natural forested areas
maintained within the street buffer if so approved by the Administrator. All other areas,
including bare ground under trees, shall be covered in a minimum of three inches of mulch.
Spacing and arrangement of plant material must be primarily based on the mature
dimensions of the plants.
e. Berms: Berms shall be allowed to augment required street buffer plantings as long as a
minimum of 50 percent of all required trees and plantings shall be planted along the street
front portion of the berm.
f.

Waivers

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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;
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:
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a.
b.
c.
d.
7.6.

Removing dead or dying trees
Removing invasive species
Providing an access corridor no wider than 15ft.
Forestry Activity

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, 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.

105

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 4823-205, 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
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.
106

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
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
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.

107

5. Mitigation Schedule: Replacement trees of the same or similar species as the tree to be
removed shall be planted as required in the tree replacement schedule in the table
below. If tree replacement on the property is not possible because unique site
conditions, safety concerns, and/or limitations of reasonable use of the property, the
applicant may pay a fee to the Town in lieu of replacing trees per the schedule below:
Table 7.6.5.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)

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)
EXAMPLES:
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
108

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.
2. Forestry Activities: Subject to the South Carolina Forestry Management Act Section 4823-205, 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
Botanical Name
Needle palm

Rhapidophyllum hystrix

Dwarf or Bush Palmetto

Sabal minor

Cabbage Palm or Palmetto

Sabal palmetto

Saw Palmetto or Scrub Palm

Serenoa repens

2. Palmetto Trees or Palms are subject to the following conditions:
a. Palm or palmetto tress are only permitted at the entrance of a principal building,
adjacent to a landscaped property entrance or sign, or part of a landscaped area
featuring a flagpole(s).
b. Only one palm or palmetto tree may be located at an entrance of the principal
building, adjacent to a landscaped property entrance or sign, or part of a landscaped
area featuring a flagpole(s), unless otherwise permitted by the Architectural Review
Board for the purposes of; balance or consistency with existing vegetation.
c. Any palm or palmetto tree shall be planted at the surface and properly supported
per ANSI300 standards.
3. No palm or palmetto tree may be used as a shade tree, street tree, or as part of a buffer
or landscaping requirement.
7.6.6. 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

109

1 Overstory Tree Required
Agricultural (RR and RA)

N/A

Suburban (SR1 and SR2

Per 4,000 sq. ft. of lot size

Suburban Residential 3 (SR3)

Per 6,000 sq. of lot size

Town (TR1, TR2, and TR3)

Per 6,000 sq. ft. of lot size

Town Center

N/A

Village Commercial

N/A

Commercial (CC, IC, and OC)

Per 6,000 sq. ft. of lot size

Institutional (PI)

Per 4,000 sq. ft. of lot size

Light Industrial

N/A

7.6.7. 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
110

zones, or grade changes, the Administrator may, through field determination and
consultation, allow modifications to the required tree protection zone based on accepted.

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 converted to a conforming use that is similar in nature and
need for parking and loading.
8.2.3. Building Expansion
This section applies to existing structures that are expanded or enlarged in terms of the number
of dwelling units, more than 20% of its floor area, or is otherwise significantly improved as
defined by Article 11. Any additional off-street parking and loading spaces that may be required
due to the improvement shall be provided in accordance with the requirements of this Section
and applied only to the expanded or enlarged part of the structure.
8.2.4. Historic Buildings
A designated building on the National Register of Historic Places, recorded with the State SCDAH or
NPS that undergoes expansions under 20% of the number of dwelling units, floor area, or other
111

work requiring Minor Architectural Review shall not require additional off-street parking or loading
facilities.
8.2.5. Timing of Review
Review for compliance with the standards of this Article shall occur during review of a
development application in accordance with Article 10 Development Review Procedures.
8.2.6. Parking Plan Required
All development applications subject to review for compliance with the standards of this Article
shall include a parking plan which shall accurately convey compliance with this section.
8.3.

General Standards
8.3.1. Use of Parking
Off-street parking areas required by this Section shall be used solely for the parking of licensed
motorized vehicles in operating condition. Required parking spaces shall not be used for the
sale, lease, storage, dismantling, or service of any vehicles, boats, motor homes, campers,
mobile homes, building materials, equipment, or supplies except for farmer’s markets and food
trucks on a temporary basis.
8.3.2. Identified as to purpose
Off-street parking areas shall include painted lines, wheel stops, or other methods of identifying
individual parking spaces and distinguishing such spaces or berths from an aisle.
8.3.3. Surfacing
a. Except as provided for in Section 8.3.3.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 off- street parking and loading areas, provided
such surfacing is integrated into the 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, two- family, 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.

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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 12-month 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 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)

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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
Boat Sales

1 space per 2 employees at peak shift, in addition 1 space
per 150 square feet of the automobile repair space (if
applicable) All vehicles for sale shall be located on paved
surfaces.

Automotive Parts Store

1 space per 400 square feet of gross floor area

Bars and Nightclubs

1 space per two seats or 1 space for every 75 sq. ft. of bar
area, including outdoor areas, whichever is greater

Car Wash

1 space per peak hour employee, and 1 space per bay.

Catering Service

1 space per 400 square feet of gross floor area

Check Cashing

1 space per 400 square feet of gross floor area

Commercial Day Care Center

2 spaces per peak shift employee

Convenience Store

1 space per 400 square feet of gross floor area

Drive-In Movie Theaters

1 space per speaker outlet or audio connection

Dry Cleaning

1 space per 600 square feet of gross floor area

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Financial Institutions

1 space per 400 square feet of gross floor area

Funeral Homes

1 space per 4 seats within the sanctuary (if applicable)
and/or 1 space per 2 employees, whichever is greater

Garden Centers

1 space per 400 square feet of gross floor area

General Retail

1 space per 200 square feet of gross floor area

Hardware Store

1 space per 400 square feet of gross floor area

Hotels/Motels

1 space for each room to be rented, in addition to 1 space
per 2 employees at peak shift

Indoor Storage

1 space per peak employee and 1 space per 5 leasable
units.

Liquor Stores

1 space per 400 square feet of gross floor area

Microbrewery, Micro-Distillery,
or Micro-Winery

1 space per 300 square feet or 1 space per two seats,
whichever is greater

Miniature Golf

4 spaces per course hole, plus 1 space for every 2
employees on peak shift

Mixed-Use Building

2 spaces per residential unit in addition to parking
requirement for other associated use

Office Building

2 spaces for each 1,000 square feet of leasable floor area,
plus 1 space for each 2 employees

Office, Medical

1 space per 400 square feet of gross floor area

Office, Non-medical

1 space per 400 square feet of gross floor area

Personal Service

1 space per 400 square feet of gross floor area

Pet Boarding

1 space per 400 square feet of gross floor area

Restaurant, Full-Service

1 space per two seats or 1 space for every 75 sq. ft. of
dining area, including outdoor areas, whichever is greater

Sexually Oriented Businesses

1 space per 400 square feet of gross floor area

Specialty Retail

1 space per 400 square feet of gross floor area

Tattoo Parlor

1 space per 400 square feet of gross floor area

Vape or E-Cig Store and Lounge

1 space per 400 square feet of gross floor area

Veterinarian

1 space per 400 square feet of gross floor area

Institutional, Civic, or Public
Amphitheaters

1 space per 4 seats

Cemetery and Mausoleums

4 spaces per acre, plus 2 spaces per employee on shift
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Civic and Social Organizations

1 space per 600 square feet of gross floor area

Colleges, Universities, and
Vocational Schools

1 space per 4 students at maximum capacity in addition to
requirements for associated uses

Elementary Schools

1 space for each vehicle owned and operated by school
staff and 2 spaces per classroom or administrative office

Farmers Market, Indoor

2 spaces per booth or vendor or 1 space per 400 square
feet of gross floor area, whichever is less

Farmers Market, Outdoor

2 spaces per booth or vendor or 1 space per 400 square
feet of gross floor area, whichever is less

Golf Course

4 spaces per course hole, plus 1 space for every 2
employees on peak shift

Government Building or Facility

1 space per 400 square feet of gross floor area

Hospital

1 space per 2 beds intended for patients, and 1 space for
each 3 employees during peak shift

Kindergarten or Preschool

1 space for each vehicle owned and operated by school
staff and 2 spaces per classroom or administrative office

Public Utility Stations

1 space per employee per shift

Recreational Facilities

10 spaces per athletic field or 4 spaces per .25 acre of
areas dedicated to use, whichever is greater

Religious Assembly

1 space per 4 seats in the main assembly room

Secondary Schools

1 space for each vehicle owned and operated by school
staff and 2 spaces per classroom or administrative office

Sports Stadium

1 space per 4 seats in addition to 1 space per peak hour
employee

Theater

1 space per 4 seats

Transportation Terminal (Bus
and Rail)

1 space per 2 passengers of a peak hour for departures
and arrivals, including accounting for multiple buses or
trains

Industrial
Animal Shelters

1 space per 400 square feet of gross floor area

Correctional Facility

2 spaces per peak hour employee in addition to 1 space for
every vehicle owned and operated by the facility

Crematory

1 space per 600 square feet of gross floor area

Heavy Equipment Rental

1 space per 2 employees at peak shift, in addition 1 space
per 150 square feet of the automobile repair space (if
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applicable) All vehicles and equipment for rent shall be
located on paved surfaces.
Indoor Shooting Range

1 space per 400 square feet of gross floor area

Junk Yard or Scrap Yard

2 spaces per employee at peak shift

Manufacturing or Production
Facility

1 space per 1,000 square feet of gross floor area in
addition to 1 space per employee at peak shift

Outdoor Shooting Range

2 spaces per shooting bay, in addition to 1 space per
employee at peak shift

Outdoor Storage

1 space per 400 square feet of gross floor area, in addition
to 1 space per employee at peak shift

Repossession Services

1 space per 400 square feet of gross floor area, in addition
to 1 space per employee at peak shift

Truck Sales and Service

1 space per 2 employees at peak shift, in addition 1 space
per 150 square feet of the automobile repair space (if
applicable) All vehicles for sale shall be located on paved
surfaces.

Warehouse

1 space per 1,000 square feet of gross floor area in
addition to 1 space per employee at peak shift

Wholesale Trade

1 space per 1,000 square feet of gross floor area in
addition to 1 space per employee at peak shift

8.4.2. District Exceptions
Parking requirements for uses within the Town Center (TC) shall be reduced by 50%.
8.4.3. Planned and Negotiated Development Districts
Within Planned Development Districts, required off-street parking standards shall be
determined during review of the application
8.4.4. Unlisted Uses
An applicant proposing to develop a principal use that is unlisted in Table 8.4.1, Minimum
Number of Off-Street Parking Spaces shall propose the amount of required parking by one of the
methods outlined below:
a. Apply the minimum off-street parking space requirement specified in Table 8.4.1 for the
listed use that is deemed most similar to the proposed use; or
b. Conduct a parking demand study by a transportation or traffic engineer or other
experienced professional to demonstrate the appropriate off-street parking space
requirement. The study shall estimate parking demand based on the recommendations of
the ITE, ULI or another acceptable source of parking demand data. This demand study shall
include relevant data collected from uses or combinations of uses that are the same or
comparable to the proposed use in terms of density, scale, bulk, area, type of activity, and
location.
8.4.5. Maximum Number of Off-Street Parking Spaces
Except as otherwise stated within this Article, the maximum number of off-street parking spaces
provided shall not exceed 125 percent of the minimum provided in Table 8.4.1. unless the need
for more can be justified by a parking demand study as described in 8.4.4.b.
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8.4.6. On-Street Parking
Uses may count on-street parking spaces that are within the frontage of the lot, on public street
rights-of-way abutting the subject property towards the off-street motor vehicle parking
minimums. If a development creates on-street parking spaces, one (1) created on-street parking
space equals two (2) off-street parking spaces required by this ordinance. If there is a case
where the creation of off-street parking is deemed infeasible due to site or legal constraints
within the Town Center or Village Commercial zoning district, the applicant may pay a fee per
parking space into a fund, in lieu of the parking requirements, set up by the Town for the
purposes of establishing public parking. The fee shall be in the amount of $3,000 per parking
space.
8.4.7. Alternate Compliance
The parking ratios of this section are not intended to prevent development or to make
development economically impractical. To allow for flexibility in addressing the expected
parking demand, alternative off-street parking requirements may be approved by the
Administrator. The applicant shall provide a parking study or a parking demand management
plan demonstrating that the parking requirements in Table 8.4.1 do not accurately reflect the
parking demand that can reasonably be anticipated for the proposed use.
8.4.8. Fractions
When measurements of the number of required spaces result in a fractional number, any
fraction of less than one-half is rounded down to the next lower whole number, and any fraction
of one-half or more is rounded up to the next higher whole number.
8.4.9. Bicycle Parking
A minimum of five (5) bicycle parking spaces is required for all uses requiring at least twenty-five
(25) parking spaces. Thereafter, an additional two (2) bicycle parking spaces is required for each
additional twenty-five (25) parking spaces. Bicycle parking facilities shall be standard bicycle
racks or other secured lockable facilities. Where feasible, the bicycle facilities shall be located
near the entrance to the building.
8.5.

Design Standards for Parking Lots
8.5.1. Dimensional Standards for Parking Spaces and Aisles
Except as otherwise provided or determined by Lexington County, standard vehicle parking
spaces and aisles shall comply with the minimum dimensional requirements established in Table
8.5.1: Dimensional Standards for Parking Spaces and Aisles. Landscaping and screening for
parking lots shall conform with Section 7.4, Parking Landscaping.

Table 8.5.1: Minimum Dimensional Standards for Parking Spaces and Aisles
Parking
Staff Width
Stall Depth
Drive Aisle
Stall Length
Double Row
Angle
Width
Along Curb
+ Aisle, Curb
to Curb
A

B

C

D

E

F

0

8’

8’

12’

20’

48’

30

9’

16.8’

12’

18’

45.6’

45

9’

19.1’

12’

12.7

50.2

60

9’

20.1’

14.5’

10.4’

54.7’
118

90

9’

18’

24’

9’

60’

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

N/A

SR1, SR2, and SR3

Side or Rear

Unless a circular
driveway is present or
installed per code

TR1 and TR2

Side or Rear

Rear access encouraged

TR3

Side or Rear

Rear access encouraged

TC

Rear

VC

Side or rear

OC

Front, side, and rear

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

PI

Front, side, and rear

See note*
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CC and IC

Front, side, and rear

LI

N/A

PO

N/A

See note*

*No more than 2 rows (one drive aisle) or 20% of the number of required
parking, whichever is smaller, is permitted between the principal building and
road.
b. Parking Location for Double Frontage or Corner Lots
1. Except in the IC and LI District, no property shall have more than 2 rows (with aisle)
between any one building and abutting public streets.
8.5.3. Off-Site (Satellite) Parking
Except for spaces provided subject to the Americans with Disabilities Act, required Off-Street
Parking spaces may be provided on a separate lot which does not contain the proposed use or
structure subject to the following standards:
a. New off-Site parking areas must comply with all applicable parking area design and
accessibility standards.
b. Off-site parking areas must be located within a 1,200-foot publicly accessible and
established walking distance of the entrance of the use served by such parking.
c. The walking distance between the off-site parking areas and the primary pedestrian
entrances to the uses shall consist of a walkway protected by landscape buffer or a curb
separation and elevation from the street grade. Periodic crossings at established crosswalks
are allowable.
d. The right to use the off-site parking must be evidenced by a deed, lease, easement, or
similar written instrument establishing such use, for the duration of the use.
e. Off- Site Parking shall not be provided within Residential Zoning Districts.
8.5.4. Shared Parking and Parking Reductions
When two or more uses share common parking facilities, the minimum amount of required
parking may be reduced. The minimum amount of required parking shall be calculated as the
sum of the required parking for the 2 uses separately, divided by the factor listed in the table
below. The Administrator will classify the uses in the categories in the table prior to the
calculation of off-street parking requirements. In all cases, the burden of demonstrating that a
reduction in parking requirements is warranted shall rest with the applicant.
8.5.5. Additional Parking Reductions
The Administrator may grant a reduction in the parking requirements set forth in this section in
the following cases:
a. Where uses in the same or adjoining development, having different peak hour demand,
seek to share parking, the applicant must submit to the administrator an analysis and
substantiated projections of peak parking demand — based on historic data from other
locations or a similar use or a parking study — for the entire development to justify the
shared use of parking spaces for separate uses.
b. Where the special nature of a certain development (e.g., special types of housing projects
inhabited by persons with low or no automobile ownership) does not require the amount of
parking listed in Table 8.4.1.
c. Where fewer parking spaces are needed due to location and use — e.g., if there is a high
concentration of residential units adjacent to a neighborhood-serving use, a parking
reduction may be warranted.
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8.6.

8.5.6. The Administrator shall consider the following in determining whether a reduction is warranted
and make the following findings in writing
a. The likelihood that the reduced number of parking spaces can satisfy demand;
b. The amount of time during the year when the number of spaces provided may be
insufficient and the amount of resulting parking overflow;
c. The impact of periodic overflows upon the public streets and other parking facilities;
d. The nature of surrounding land uses, character of surrounding road system, and nearby
circulation pattern.
8.5.7. Service and Loading Areas
a. Service areas and any new parking shall be located in the rear. Screened from view and not
visible from adjacent sidewalks, and public roads. Service areas, truck delivery, loading and
waste collection routes shall be located at the rear. Service areas are encouraged to be
shared with adjacent uses and properties; these aspects shall be considered during site plan
evaluation.
8.5.8. Terraced Parking Bays
a. When slopes over five percent exist, parking bays shall be terraced and landscaped between
changes in level. The landscaping shall be:
1. Equal to one three-gallon evergreen shrub for every three linear feet of the width of the
adjacent parking bay.
2. Planted in an area of minimum five feet in depth
Pedestrian Access
In parking areas with more than 40 spaces, an on-site circulation system for pedestrian and nonmotorized travel must be provided in accordance with the requirements within this section.
8.6.1. Connection to the Street
The on-site pedestrian circulation system shall connect all adjacent public rights-of-way,
adjacent sidewalks, multi-use paths, public spaces to any main building entrance. The
connection must follow a direct route and not involve significant out-of-direction travel for
system users.
8.6.2. Connection to Abutting Properties
The on-site pedestrian circulation system must provide connection to existing paths and
sidewalks on abutting properties or to the likely location of future paths or sidewalks on those
properties. The applicant may pay the Town a fee in lieu of sidewalk improvements in certain
cases where site or legal constraints prevent the construction of the sidewalk. Additionally,
when the Zoning Administrator determines that no paths or sidewalks exist on a neighboring
property or it is not possible to determine the likely location of future path or sidewalk
connections or extending a connection would create a safety hazard on either property, no such
connection is required.
8.6.3. Internal Connections
The on-site pedestrian circulation system must connect all buildings on the site and provide
connections to other areas of the site likely to be used by pedestrians and non-motorized travel,
such as parking areas, bicycle parking, recreational areas, common outdoor areas, plazas, and
similar amenity features. The Planning Commission may require additional pedestrian pathways
within the parking area.
8.6.4. Design
Required on-site pedestrian circulation facilities must be designed and constructed in
accordance with the following requirements:
a. The on-site pedestrian circulation system must be paved and be at least five feet in width.
b. An appropriately sized planting strip, dependent on proposed tree species, shall be provided
on both sides of the pedestrian circulation system to accommodate the planting of canopy
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or understory trees for the purpose of providing shade. One canopy tree shall be planted
every 40’ or one understory tree every 20’, or combination thereof.
c. When the on-site pedestrian circulation system crosses driveways, parking areas or loading
areas, it must be clearly differentiated through the use of elevation changes, a different
paving material, or other equally effective methods. Striping alone, when not combined with
other mentioned or similar methods, does not meet this requirement.
d. When the on-site pedestrian circulation system is parallel and adjacent to a motor vehicle
travel lane, it must be a raised path at least six inches above the vehicle travel lane surface
or be separated from the vehicle travel lane by a raised curb, bollards, landscaping or
another physical barrier. If a raised path is used, the ends of the raised portions must be
equipped with accessible curb ramps.
e. The on-site pedestrian circulation system must be illuminated to ensure that it can be used
safely at night by employees, residents, and customers. Lighting shall meet the
requirements of Section 8.7.
8.6.5. Parking Lot Connections
Applicability: Adjoining parking lots serving non-residential and multifamily uses shall be
interconnected when feasible according to the following requirements:
a. At least one connection shall be provided at all common lot lines that share a boundary of at
least 60 feet.
b. Where feasible, the connection shall align with any previously established connection on an
adjacent property.
c. An easement for ingress and egress to adjacent lots through the connection(s) shall be
recorded in the form of an easement and documentation submitted to Town Staff.
d. In the event these conditions cannot be met without undue hardship, the Planning
Commission may waive or adjust the connection requirements as appropriate.
8.7.

9.0

Signs
9.1.

Lighting
8.7.1. Applicability: All parking lots serving non-residential and multifamily uses shall be required to
adhere to the following standards. Additionally, all newly installed lighting fixtures shall adhere
to the following standards, and conditions by the Architectural Review Board, unless installed by
a state or federal agency.
8.7.2. Standards and Design Requirements
a. Height: Lighting standards in parking lots shall not exceed a maximum of 25 feet in height.
b. Shielding: Lighting shall have a cutoff angle of 90° or less (full cutoff) and be shielded from
the sky and adjacent properties and structures through shielding.
c. Light trespassing: The maximum light trespass at the property line shall be 0.5 foot-candle.
d. Design: The design of site lighting structures, building lighting, landscaping lighting features
shall be evaluated by the Architectural Review Board. All lighting fixtures that are affixed to
a building shall be approved by the applicable design review authority.

Purpose and Intent
The purpose of the regulations, here in, is to establish requirements for the placement, installation, and
maintenance of business and/or advertising signage, and to aid in the preservation, protection, health,
welfare, safety, and general well-being of the Community and its Citizens.
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This Ordinance will promote, authorize and enforce the use of on-premises signage which are, but not
limited to:
9.1.1. Compatible with their surroundings;
9.1.2. Materials and colors used in the sign assembly shall be the same as or similar to those used at
the principal building for a cohesive design.
9.1.3. Appropriate for the type of activity to which they pertain;
9.1.4. Tastefully expressive of the identity of the owner, occupant, and/or individual proprietors or of
the community as a whole;
9.1.5. Designed to convey a desired message and/or image regarding the Owner, Occupant, or
individual proprietor of a specific property, while protecting the aesthetic and attractive
qualities of the community;
9.1.6. Minimize interference, obstruction, distraction, and/or unsafe conditions to the motoring
public; and,
9.1.7. Conserve the value of the subject property and encourage the most appropriate use of land
throughout the municipality
9.2.

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

9.3.

General Provisions
9.3.1. Placement
Signs shall not be posted, placed, or erected within any public rights-of-way or on any fixed or
immovable object, such as, trees, utility poles, traffic signs, and street signs, except as permitted
within this article or where encroachments have been specifically permitted by the authority
having jurisdiction.
9.3.2. Constructions
Signs shall be permanently attached or affixed to the ground, building, or other structure by
direct attachment to a rigid wall, frame, or supporting structure.
9.3.3. Materials
Sign structures shall be constructed of durable, weather-resistant materials such as treated
lumber, concrete, metal, brick, or other similar substitute or composite materials as determined
by the specific Architectural Overlay defined in Article 6. Unfinished wood, cardboard,
polystyrene foam, and similar materials are not permitted.
9.3.4. Design
The design, color, location, and illumination of signage shall be compatible and complimentary
of the overall design of the development and surrounding parcels.
9.3.5. Sign Illumination
a. Internal Illumination: The background of internally illuminated cabinet signs shall be
completely opaque. This provision does not apply to internally illuminated channel letters.
Internally illuminated signs shall be fully encapsulated and shall not allow the light intensity
or brightness of the sign to interfere with the safe vision of motorists or bicyclists. LED
lighting that is greater than 5001 degrees Kelvin is prohibited within the Town. Internal
Illumination (Alternate Wording): Sign illumination shall be external only and shall be
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designed to only illuminate the sign face. Illumination can also provide for landscaping
features; however, lighting shall be sufficiently shielded to prevent spillover. Cabinet signs,
channel letters, or internally illuminated signs are prohibited in the Town. Cabinet signs or
internally illuminated signs are only permitted in the Interstate Commercial (IC) District.
Internally illuminated signs shall be fully encapsulated and shall not allow the light intensity
or brightness of the sign to interfere with the safe vision of motorists or bicyclists. LED
lighting that is greater than 5001 degrees Kelvin is prohibited within the Town.
b. Shielding: Unless otherwise expressly prohibited, signs may be externally illuminated
provided that lighting used illuminates the surface area of the sign only, and is shaded,
shielded, or directed so that the light intensity or brightness does not interfere with the safe
vision of motorists or bicyclists. Around external lighting, landscaping shall be designed to
conceal the base of the light fixture to the extent feasible.
c. Proximity to Residential Property: No commercial sign within 100 linear feet of a preexisting residential structure may be illuminated between the hours of 10:00 p.m. and 6:00
a.m. A residence shall be deemed "pre-existing" for purposes of this Section if it has a valid
building permit in effect for construction of said structure or if construction of said structure
was complete on or prior to the effective date of this provision. This does not included
residences in mixed use buildings in the Town Center, Village Commercial, nor does it
include multi-family buildings.
9.3.6. Computation of Sign Area
The area of a sign shall be the area of the sign face formed by a perimeter consisting of a series
of straight lines enclosing all parts of the sign. Signs that are composed of individual symbols,
letters, figures, illustrations, message, forms, or panels, the sign area shall be considered to
include all lettering, wording, and accompanying designs and symbols. Sign area shall also
include any background material, panel, trim, color, and direct or self-illumination used that
differentiates the sign from the building, structure, backdrop surface, or object upon which or
against which it is placed. The sign structure shall not be included as a portion of the sign face,
provided that no message, symbol, or any of the aforementioned sign face criteria are displayed
on, or designed as part of, the sign structure.
9.3.7. Computation of Sign Height
Height shall be determined and measured from the edge of the adjoining sidewalk, street, or the
natural grade to the highest point on the sign. If the natural grade is at 2’ or higher than the
adjoining street or sidewalk, then the sign height shall be measured from the sidewalk or
adjoining street. Regardless of grade, a signs height shall never exceed the maximum height
establish per district, as measured from sidewalk or street level.
9.3.8. Maintenance Requirements
All signs and all components thereof, including supports, braces, anchors, etc., shall be kept in a
good state of repair, in compliance with all building and electrical codes, and in conformance
with the requirements of these sign regulations. Any sign, including temporary signs or exempt
signs, which are determined by the Administrator as being insecure, in danger of falling or
otherwise endangering the public safety, shall be immediately removed by its owner unless it is
repaired and made to otherwise comply with the requirements of these sign regulations.
9.3.9. District
a. Where this section references rural zoning districts, this shall include Rural Agricultural (RA)
and Rural Residential (RR).
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b. Where this section references residential uses or districts, it shall mean the following:
Suburban Residential 1 (SR1), Suburban Residential 2 (SR2), Suburban Residential 3 (SR3),
Town Residential 1 (TR1), and Town Residential 2 (TR2).
c. Where this section references commercial uses or districts, it shall mean the following:
Town Residential 3 (TR3), Village Commercial (VC), Town Center (TC), Public and
Institutional (PI), Corridor Commercial (CC), Interstate Commercial (IC), and Office
Commercial (OC).
d. Where this section references industrial districts, it shall mean properties classified as Light
Industrial (LI).
9.3.10. Number of Signs Allowed
Unless otherwise regulated, each parcel is allowed one (1) free-standing sign, and one of each
attached sign.
9.4.

Freestanding Signs
9.4.1. Applicability

Table 9.4.1 Freestanding Signs
Sign Type

Zoning
District

Max
Area

Max Height

Min
Height

Additional Requirements/Description

a. Monument Signs

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

32
sq. ft.

8 ft.

3 ft.

A sign that is mounted on a foundation
and accompanied by landscaping.

LI

48
sq. ft.

1. Maximum number: 1 per street
frontage. A second is allowed if spaced
more than 300 linear feet away and
reduced by 50%.
8 ft.

3 ft.

2. Landscaping, not including grass, shall
be required for all monument signs.
Such landscaping shall equal the total
surface area of the sign face.
3. Foundation of monument signs shall be
of stucco coated CMU, brick, or other
similar material.

b. Post and Arm Sign

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

10
sq. ft.

6 ft.

3 ft.

A sign supported by a single post

125

c. Sandwich Board Signs

TC, VC

6 sq.
ft

4 ft

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

d. Easel Sign

TC, VC

6 sq.
ft

4ft

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

e. Pole Mounted Signs

IC only

100
sq. ft.

30’

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

9.5.

Attached Signs
9.5.1. Applicability

Table 9.5.1: Attached Signs
Sign Type

Permitted
Location

Max Area

Additional Requirements/Description

a. Wall

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

10% of area of
primary

A sign mounted parallel to or painted
on a building facade or other vertical
building surface.

building frontage of
the first floor.

a. Maximum Number – 1 per street
frontage. Signs on secondary
frontages may be ½ the size of the
primary sign.
b. No sign or sign structure shall
extend above the roof line.
c. No sign shall project from the
façade more than 18”.

126

d. Not permitted for residential uses,
other than multi-family buildings
exceeding 10 units

b. Canopy/Awning

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

50% of canopy
valance area

a. Maximum Number:1 per building
frontage or tenant space, per
street frontage
b. Must allow a minimum of 8 feet
clearance above sidewalk
c. Shall not be placed above 2nd
floor window sill or cornice of
building, whichever is higher
d. May encroach over sidewalk area
no closer than 18 inches from
curb
e. Only the valance area of the
awning/canopy may be used as a
message area. The valance shall be
a maximum of 1ft tall with lettering
a maximum of 9 inches tall. The
valance shall be made of the same
material and shall be the same
color as the awning/canopy.

c. Window/Door

d. Projecting/Suspended

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

25% of transparent
areas of windows or
doors

Applied plastic or vinyl cut letters
are prohibited.

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

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

1. Maximum Number:1 per building
frontage or tenant space, per
street frontage
2. Must allow a minimum of 8 feet
clearance above sidewalk

A temporary sign permit is required
for promotional signs posted on the
interior side of the glass; these signs
shall count toward the 25% maximum
window coverage.

127

3. May project no more than 4 feet
from building face and no closer
than 18 inches from curb
4. Not permitted for residences
with 3 or fewer dwelling units
5. Projecting signs shall not be
higher than the fascia and/or
cornice and shall not extend
above the eave line.
6. For multi-story buildings, sign
brackets shall be mounted no
higher than the sill of the secondfloor window.
*The total area of all attached signs for a business shall be no more than 1.5 times the linear frontage of the building, or in
the case of multi-tenant buildings, than the individual tenant space.

9.6.

Other Signs that Require a Sign Permit
9.6.1. Tenant Directory Signs
a. Applicability: Tenant directory signs listing only the name and address of the business shall
be permitted in multi-building, multi-tenant professional, office, and/or business centers
b. Maximum Area: 32 square feet in surface area shall be permitted per street frontage
c. Maximum Height: 8 feet
d. Maximum Number: 1 per lot — lots with more than 1,000 feet of street frontage and more
than one Department of Transportation-approved driveway or street entrance shall be
permitted an additional directory sign on the condition that such driveways are spaced at
least 1,000 feet apart.
e. Location: Tenant directory signs shall be located within the buildable area and outside of
any required buffer. The tenant directory sign must be located at least 25 feet away from
any adjacent right-of-way.
9.6.2. Multi-Tenant Free-Standing Signs
a. Applicability: Multi-Tenant signs are required for multi-building developments with 4 or
more occupiable spaces, or three (3) or more uses that are connected by common walls,
except within the Town Center (TC) district. Multi-tenant signs are encouraged for uses to
consolidate signage.
b. Design: The design, material, color, location, and illumination of signage shall be compatible
with the overall design of the development. Multi-tenant signs shall follow the same
regulations as monument signs with regard to landscaped areas around the foundation of
the sign.
c. Size: The size of a multi-tenant size shall not exceed 125 sq. ft. If there are more than 10
occupiable spaces in one site, a 125% increase in sign area is permitted.
d. Height: The height of such signs shall not exceed 8’.
e. Number Allowed: Only one multi-tenant sign is allowed per development. No individual
tenant free-standing signs are permitted. A second multi-tenant sign, equaling 50% of the
total size of the first, may be permitted if the property if the following is true:
1. The individual street frontage is greater than 500 feet.
128

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

Temporary Signs
9.7.1. Types of Temporary Signs
a. Promotional Signs and Grand Opening Banners
1. Maximum Number: 1 banner and 1 yard sign per tenant
2. Maximum Area: 30 square feet, with a vertical dimension no greater than 3 feet. A yard
sign shall not exceed 6 square feet.
3. Minimum Height: Must be placed a minimum of 8 feet above sidewalk grade
4. Location: Attached to building (must be secured along all 4 sides of banner). Shall not
be affixed to trees, utility poles, street signs, or other structures other than the principal
or accessory building. Shall be located entirely on private property and not encroach
into any public right-of-way.
5. Time Period: Maximum of 30 days
6. Additional Requirements: Application for a permit for promotional banners may be
made only 4 times during any calendar year by an applicant or entity, with no permits
being approved consecutively. A minimum of 30 days shall expire before an application
for a permit for a promotional banner can be accepted.
7. Special Event Signs: Governmental, nonprofit, school, church or civic club-sponsored
yard signs related to special events shall meet the following standards:
a. Signs shall be permitted 14 days prior to a function and shall be removed within 3
days after the function.
b. Signs shall be located on private property
c. Yard signs may not exceed 6 square feet.
b. Construction Signs:
1. Maximum Number: 1 per street frontage
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2.
3.
4.
5.

Maximum Area: 32 square feet
Maximum Height: 6 feet
Location: Minimum of 10 feet from the street right of way.
Time Period: The sign permit shall be only valid, as long as the contractor permit is valid.
For residential subdivisions, construction signs are permitted for a period of 12-months
from permit issuance.
a. Real Estate Signs advertising sale or lease of the premises subject to the following
standards: Other signs for the purposes of real estate, such as for open houses,
agent tours or events, grand openings, and similar, shall abide by the same rules as
described in 9.8.8 addressing the use of Temporary signage.
c. Temporary municipal, school, recreational and civic club sponsored signs, schedule of
events, rules and regulations signs. Such signs shall not include identification signs.
9.7.2. Exempt Signs
a. No sign permit is required within the following section:
1. Government Signs including signs required by any law, order or governmental
regulation.
2. Property Address Signs
3. Private Residence Signs
a. One personal identification sign not exceeding 2 square feet in area
b. One non-illuminated "For Sale" or "For Rent" sign not exceeding 6 square feet in
area.
4. Historical markers, historical monuments or signs as recognized by local, state, or
federal authorities.
5. Signs denoting the location of underground utilities
6. Holiday decorations
7. Signs on interior windows that are not permanently affixed to the glass and do not
exceed 25% of the gross glass area.
8. "Warning", "No Trespassing" and similar informational signs.
9. Any sign inside a building and not intended to be viewed from the exterior.
10. On residentially zoned lots, one unlighted freestanding sign not more than three (3)
square feet in area and not more than 4 feet in height from the ground to the top of the
sign. The sign may be used to advertise, garage sale, temporary construction or as a “for
sale/rent” sign, etc. The sign shall not advertise any commercial enterprise not
conducted on the same zone lot.
11. Memorial signs, plaques or grave markers which are noncommercial in nature.
12. Flags, pennants, insignia, or religious symbols of any government, non-profit or not-forprofit organization when not displayed in connection with a commercial promotion or as
an advertising device. No more than three flag poles are allowed per lot. No duplicate
flags are allowed. Flag poles shall not exceed a height of 35’, unless it is located on a
property zoned Interstate Commercial (IC), Rural Residential (RR), or Rural Agricultural.
In the IC, RR, and RA district the maximum height of flag poles shall be 50’. All flags
mounted on flag poles shall be maintained and kept in good condition.
b. Political Signs

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1. Each sign shall not exceed six (6) square feet in area in residential districts and twenty
(20) square feet in commercial and manufacturing districts. This shall not include the
use of billboards;
2. No sign shall be placed in any right-of-way, on any telephone pole or street sign, trees,
or on any public property; and
3. Signs are permitted to be erected within sixty (60) days prior to an election and must be
removed within 7 days after an election
9.7.3. Prohibited Signs
The following signs are prohibited:
a. Off-premise signs, with the exception of flags of a sovereign nation, and banners erected by
the city, county, or state government.
b. Signs within the public rights-of-way, except those posted by a public agency
c. Signs placed In any manner or location that constitutes a hazard to pedestrian or vehicular
traffic
d. In a manner that obstructs free ingress to, or egress from, a required door, window, fire
escape, or other required exit.
e. Electric letter signs are signs that change, blink, scroll, rotate, change height or intensity, or
other illuminated signs which change due to electronic messaging.
f. Off-premise commercial signage affixed to a private residence or dwelling, or displayed
upon the grounds thereof.
g. Attached to or painted onto the following:
1. Trees, rocks or other natural features
2. Fence posts, telephone or utility poles
3. Roofs signs, or attached signs that project above the building height.
h. Moving, Flashing, or Audible Signs
1. Signs that move by any means regardless of whether they contain written messages.
2. Signs set in motion by movement of the atmosphere or by mechanical, electrical, or
other means, including, but not limited to: flags, adversails, feathers, pennants, posters,
propellers, discs, ribbons, balloons, streamers, strings of light bulbs, and spinners.
3. Flashing signs or devices displaying intermittent lights or lights of changing intensity.
4. Signs that emit audible sound or visible matter.
i. Movable or Towed Signs: Signs constructed to be used as a conveyance upon public streets,
and usually parked in public places or private property primarily for the purpose of public
display.
1. Exception: Commercial vehicles, including standard passenger vehicles, that are fully
operable may bear a permanently-adhered commercial message. They must be parked
in a typical parking space and may not be located on landscaped areas or at angles to
the street so as to increase visibility.
j. Inflatable signs [including inflated balloons having a diameter of greater than two (2) feet for
special events and grand openings, used in conjunction with a commercial building, project,
or enterprise are permitted for a period not to exceed fourteen (14) consecutive calendar
days.
k. Sign Content Limitations
1. Signs copying or imitating official government signs, or that purport to have official
government status
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2. Any sign and/or sign structure that obstructs the view of, may be confused with, or
purports to be a governmental or traffic direction/safety sign.
3. Signs containing statements, words, or pictures of obscene, pornographic, or immoral
character that is not considered protected speech
l. Impermanent and Unsubstantial Sign Types: Signs that are constructed of impermanent and
unsubstantial materials including but not limited to inflatable signs, snipe signs, and feather
signs/banners.
m. Abandoned or Deteriorated Signs or Businesses:
1. Sign structures no longer containing signs.
2. Signs made structurally sound by unsightly bracing.
3. Abandoned or dilapidated sign.
4. Signs referencing businesses which have been out of business for more than 30 days.
n. Billboards: Billboards are prohibited.
9.8.

10.0

Violations
9.8.1. Impoundment of Signs
a. If any sign requiring a permit or temporary permit is erected without a permit, or if any sign
is erected in violation of these regulations, the Administrator shall have the authority to give
the owner thereof written notice of such violation. The notice shall include a brief statement
of the particulars in which the violation is to be remedied. If the sign has been permitted,
notice to the person receiving the permit shall be sufficient. If the sign owner cannot be
found, the duty to perform corrections or removal of the sign will be upon the property
owner on whose property the sign is located.
b. If within ten (10) days the owner of the sign fails to contact the Administrator, bring the sign
into conformance with these regulations, and obtain a sign permit, the Administrator shall
have the authority to have the sign removed and impounded without further notice and the
cost of removal shall constitute a lien against the property on which the sign is located. The
Town shall not be liable for any damage to the sign or property as a result of such removal.
c. The Administrator shall have the authority to remove and impound, without notice to the
owners thereof, any signs placed within any street right-of-way, signs attached to trees,
rocks or other natural features, and signs attached to telephone and utility poles.
d. If the impounded sign is not claimed within 5 days, then the administrator shall have
authority to dispose of such sign.

Development Review Procedures
10.1. Purpose and General Standards
The purpose of the Development Review Procedures Article is to provide a clear, transparent, and
comprehensive development process that is fair and equitable to all interested Parties, effected
neighbors, Town Officials, related Agencies, and Town Council. This Article will establish an orderly
process for the responsible growth, development, revitalization, and expansion of property, lands, and
areas within jurisdictional control of the Town of Chapin.
10.1.1. Applicability
The provisions of this Article shall be applicable to all development activities under the
jurisdiction of the Town of Chapin.
132

10.1.2. Conformity
The Administrator shall not issue a Permit or License for any Occupant Use, Structure, or
Intended Purpose that conflicts with any provision of this Ordinance. Any Permit, License or
Certificate of Occupancy issued found to be in conflict with the provisions of this Ordinance,
whether intentionally or unintentionally, shall be null and void.
10.1.3. Public Notice
In accordance with all applicable State of South Carolina Laws, applications requiring a Public
Hearing before the Planning Commission (PC), Board of Zoning Appeals (BZA), Architectural
Review Board (ARB), and/or Town Council (TC), shall adhere to the following requirements:
b. Advertised Notice: All meetings of the Planning Commission (PC), Board of Zoning Appeals
(BZA), and Architectural Review Board (ARB) shall be published in a newspaper of general
circulation within the Town within fifteen (15)-calendar days prior to the Public Hearing.
Advertised notice shall contain the property address, parcel number, type of application,
and contact phone number.
c. Posted Notice: Agendas for regularly scheduled meetings must be conspicuously posted on
a bulletin board in a publicly accessible place at the office or meeting place of the public
body and on a public website maintained by the governing body and/or Town at least 24
hours prior to said meetings.
a. Property Posting: For rezoning, variances, and special exception applications, a notice of
Application signage shall be posted on subject property in a clearly visible/conspicuous
location that can be viewed from each street adjacent to the subject property. Signage will
be posted by the Zoning Administrator and/ or Town Staff within property fifteen (15)calendar days prior to the Public Hearing. Posted notice(s) shall contain the property
address, parcel number, type of application, and contact phone number.
10.1.4. Actual Notice of Decisions
Actual notice may consist of facts or conditions observed by the applicant as well as information
conveyed orally, by email, or in writing to the applicant. Actual notice all final judgments and/or
determinations made by any Board and/or Zoning Administrator are considered served at the
hearing in which the final judgement was made. Written notice shall be mailed via United State
Postal Service to the Applicant or Appellant within ten (10)-calendar days following the date a
judgment and/or determination was rendered. Failure by the Town to mail this notice within
ten (10) calendar days of the date of the judgement does not constitute a rehearing of the case
as it was presented. Copies of all judgments and/or determinations shall be filed within Town
Offices and available for public viewing during normal business hours.

10.2.

10.1.5. Time Limits for Resubmission of Application
10.1.6. If an application is denied or disapproved as a result of this Ordinance for any reason, an
application for similar and/or identical requests shall not be refiled for a period of one (1)
calendar year from the advertised Public Hearing date. Upon petition by the Applicant or
Appellant, the Administrator may permit a refiling of an application no sooner than six (6)
months from the original Public Hearing date. Where Public Hearings are not required,
applications shall not be refiled for a period of one (1) calendar year from the date of the Notice
of Denial.
Application Procedures
10.2.1. Pre-Application Conference
A mandatory pre-application conference with the Administrator shall be conducted prior to the
filing of any application requiring review by the PC, BZA, ARB, or TC.
133

10.3.

10.2.2. Application Forms and Fees
Prior to application processing, an application provided by the Town must be completed and
accompanied with all required fees, payable to the “Town of Chapin”, and accompanied by any
required documentation, information, and/or plans. An application may be considered
incomplete by the Administrator if any of the above have not been provided or if the
Administrator cites that an application is in noncompliance with the code. The Administrator
may not process any applications that are incomplete. Fees for applications are set by the Town
Council and are subject to change by resolution adopted by Town Council.
10.2.3. Applications Deadline
All applications shall be completed and submitted to the Administrator in accordance with
schedules as determined by the Town.
Application Requirements
The following general standards for various applications are intended to require only that
data/information that is necessary to render an informed decision by the reviewing agency.
10.3.1. Application Descriptions
a. Site Analysis: A site analysis is intended to identify the existing conditions of the property in
the form of a survey prepared by a licensed South Carolina surveyor. Depending on the
application and determination of the Administrator, a site analysis may include the
following, tree survey to include the species and diameter at breast height (DBH) of existing
trees and their location, vegetative boundaries, clear and open areas, topography, existing
watercourses, floodplains, federal or state recognized endangered species habitats, and
areas of historic, cultural, or archeological significance. This requirement provides the Town
and the applicant the ability to evaluate the proposed development in order to preserve
existing resources and to improve the appearance of the development proposed. It is the
expectation that readily available spatial data, including GIS information, will be sufficient
for this survey.
b. Sketch Plan: The sketch plan shall show in simple line drawing (at a scale of not less than
one-inch equals one mile) form the proposed layout of streets, lots, buildings, civic spaces,
tree coverage, and other features in relation to existing conditions, based upon the size of
the tract proposed for development.
c. Site Plan (syn. Preliminary Plat): The site plan is intended to provide a detailed two
dimensional drawing that illustrates all of the required site features, including buildings*,
parking areas*, street locations, street sections, rights-of-way, property lines and setbacks,
required or proposed Critical Area buffers, trees proposed to remain and to be removed and
tree protection zones, site landscaping and lighting* (in conceptual form), and all related
development calculations (e.g., density, proposed building areas, number of parking spaces,
estimated impervious surface, proposed tree coverage, percentage of open space, and
Traffic Impact Study) in sufficient detail to show compliance with this Ordinance. *When a
Site Plan is being used as a Preliminary Plat for a Subdivision, these elements are not
required to be shown.
d. Construction Documents: The construction documents for development design review and
subdivision plans shall constitute a full and complete set of engineered drawings necessary
for final permitting and horizontal and vertical construction. This includes detailed
landscaping plans, lighting plans, road specifications, cross-section of street pavements,
grading and drainage plans, utility plans, and stormwater calculations. Review of these
documents shall be conducted by the authorized entity and agent having jurisdiction.
e. Final Plat: The final plat shall be prepared by a registered land surveyor licensed to practice
in the State of South Carolina, and shall meet the requirements of the Lexington County
134

Register of Deeds Office. The Final Plat shall constitute an accurate survey of the entire
phase as shown on the approved site plan and shall include all the relevant notes and
certifications.
f. As-Built Drawings: The as-built drawings shall show the final installed conditions and
specifications for all public infrastructure. The designer of the infrastructure shall certify,
under seal, that the installed infrastructure is in compliance with the approved plans and
designs and with the requirements of this Ordinance and receives approval from other
agencies having jurisdiction.
g. Building Elevations For Design Review: For certain applications, it may be necessary to
submit scaled drawings of each elevation visible from a public street, civic space, property
lines, cardinal directions, or any orientation of the building(s). These drawings shall be in
color and shall accurately represent the building heights, floor levels, and building materials,
and shall include written identification of building materials and colors. In addition, the
Administrator may require a physical model, material
boards, and/or up to three drawings from different
Application
perspectives that show how the building fits into the
Submittal
context of the block.
h. Development Phase Plan: The Development Phase Plan or
Plans shall show the different section of the development
that are planned for phased construction. Phase Plans shall
use either Arabic numerals, roman numerals, or the English
Completeness
Review
alphabet to denote different phases. Phases should be
listed in numerical or alphabetical order in correspondence
with the order of planned phase development. If a
development has multiple types of phase plans, such as
utility/infrastructure phase plan, and lot development
Compliance
phase plan, and the phases do not correspond to the same
Review
areas, then a different denotation shall be used for each.
10.4.

Zoning Permit
10.4.1. Applicability
a. No building, sign and/or structure shall be erected, moved,
Administrator
relocated, enlarged, altered or demolished in the
Final Action
jurisdiction of the Town of Chapin without a zoning permit
issued by the Administrator. No occupation of an existing
structure by a new user and/or change in use type (regardless of use) is permitted without a
zoning permit issued by the Administrator. No permit shall be issued by the Administrator
except for a use which is in conformity with the provision of this Ordinance
b. Tree Removal
c. Home Occupations
d. Converting a residential building to a non-residential use
e. Approval of permitted accessory or temporary uses
f. New Construction, additions, alterations, and modifications to existing buildings and sites,
with applicable approvals from all authorities having jurisdiction.
g. Expansion of use or accessory use
h. Approval of performance guarantee
i. Verification of an existing or proposed use
j. Compliance inquiries regarding existing properties and ongoing or completed projects.
135

10.4.2. Process and Approval
a. Process Type: Administrative
b. Pre-Application Procedure: Encouraged
c. Required Application Information: Property and applicant address, zoning information,
property authorization, survey, scope of project, and/or other documents required by the
administrator.
d. Public Notification: None
e. Appeals: Appeals of zoning permit applications denied by the Administrator shall be
submitted to the Board of Zoning Appeals within 30 days of the decision (Section 10.13)
f. Permit Validity: Upon the approval of the zoning permit, the applicant shall have 6 months
act on the approval. If no action is taken, the permit becomes null and void, and the
applicant shall resubmit.
g. Permit Extension: The Administrator may grant a single extension of up to 6 months upon
submittal by the applicant of sufficient justification for the
extension.
10.5.

Pre-Application
Meeting/Application
Submittal

Architectural Review, Minor
10.5.1. Applicability: A Certificate of Appropriateness (Minor) from the
Administrator shall be required for the following construction
activities:
a. Repairs, replacements, or renovations of existing buildings, as
long as there is no change in exterior materials or does not
Compliance Review
involve modification of architectural features.
and Report.
(Modifications and Reb. Expansions of existing buildings of less than 20 percent of the
submission if
building’s gross floor area
necessary)
c. New construction of non-residential accessory uses, except
for those provided in this Section (10.5.1.).
d. Demolitions of any structure
e. New construction of fences or walls for non-residential or
multi-family uses
Administrator Final
f. Any color change to the exterior of a building within an
Action (Proceed to
Architectural Overlay Districts. (See Appendix III for Approved
Project Permit)
Colors)
g. Any application may be sent to be reviewed by the ARB upon
determination by the Administrator.
10.5.2. Process and Approval
a. Process Type: Administrative
b. Pre-Application Procedure: Encouraged
c. Required Information: Site Analysis, Site Plan, and Building Elevations for Design Review
(See Section 10.3.1) – these may be waived by Administrator as appropriate. The
Administrator may require additional documents.
d. Public Notification: None
e. Issuance of COA: After the Administrator has determined that the application conforms with
the Ordinance, a Minor Certificate of Appropriateness will be issued to the applicant.
f. Appeals: Appeals of the Administrator shall be heard by the Architectural Review Board.
Application for appeal shall be made within 30 days of the decision.
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g. Permit Validity: Upon the approval of the Minor Certificate of Appropriateness application,
the applicant shall have 2 years to obtain a Project Permit. Failure to secure Project Permits
for the permitted work within this time shall render the compliance void. Any change to the
approved plans that has not been authorized by the Administrator shall invalidate the Minor
Certificate of Appropriateness and any subsequent Project Permits.
h. Permit Extension: The Administrator may grant up to one (1), one-year extensions of this
time period upon submittal by the applicant of sufficient justification for the extension.
Extensions shall be submitted at least 45 days prior to the expiration date of the vested
rights period in Section 10.15.
i. Changes to COA: The Administrator may inspect or coordinate with Lexington County to ensure the project is in
compliance with the COA. If there are changes to the conditions of approval, the applicant must return to the ARB with a
revised application showing the proposed alternations. Any alterations or modifications to the conditions of approval shall be
subject to the provisions in Article 12, Enforcement and Violations.

10.6.

Architectural Review (Major)
Pre-Application Meeting
10.6.1. Applicability: In the areas designated as Architectural Overlays
Districts, a Certificate of Appropriateness issued by the
Architectural Review Board, (Section 6.2.1 – Overlay District Map)
shall review the following applicable development:
a. Any new construction of a nonresidential, mixed-use, threeApplication Submittal
family, or multi-family building or any structure exceeding
and Completness
10,000 sq.ft. in gross floor area within the overlay districts
Review
established in Article 6.
b. Any modification, addition, or demolition to a building on the
National Register of Historic Places.
c. Any new construction, or conversion of an existing building, to
Public Notification,
a drive-thru establishment.
Report to ARB, and
d. Expansion of non-residential or multi-family buildings by 20
Public Hearing
percent or more of the building’s area or floor space. Except
in the Light Industrial District (LI).
e. Any modifications to the building exterior of a non-residential
or multi-family building.
ARB Review and
f. Any new or converted multi-family residential building.
Decision. Mofications
and resubmittal as
g. Any residential building models to be used in a proposed
necessary
major subdivision (Section 10.9).
h. Any application not specifically described as “minor” by
Section 10.6.1.
i. Any Minor Architectural Review application that the Administrator determines review by
the Architectural Review Board is needed
10.6.2. Process Type: Board Review
10.6.3. Pre-Application Procedure: Every applicant for a Major Architectural Review is required to meet
with the Administrator prior to the submittal of an application. The purpose of this meeting is to
provide clarification and assistance in the preparation and submission of plat for approval. It is
recommended that the applicant provide a Sketch Plan (Section 10.3.1.b) to the Administrator
prior to or at the pre-application conference. The Administrator may also request that the
applicant attend a preliminary review with the ARB. The provision of a sketch plan will allow the
137

Administrator an opportunity to review the proposal before the applicant expends funds on the
preparation of a detailed Site Plan.
10.6.4. Required Application Information: Site Analysis, Sketch Plan, Site Plan, Construction Documents,
As-Built Drawings, Building Elevations for Design Review. A digital copy in a Portable Document
Format (PDF) of the plat are required upon submission, the administrator may also request for
physical copies for the purposes of distribution to the applicable review entity. The
Administrator may also require the submittal of a letter from a licensed traffic engineer
certifying that the proposed subdivision complies with SCDOT, County, and Local (Section 5.6)
regulations regarding a Traffic Impact Study (TIS).
10.6.5. Determination of Completeness: The Administrator shall review the application to ensure that it
is complete, prepare a report and recommendation on the application, and schedule the matter
for review by the Architectural Review Board.
10.6.6. Public Notification: Public notice of all hearings shall be published in a newspaper of general
circulation within the Town fifteen (15) days prior to the public hearing.
10.6.7. Public Meeting: The Architectural Review Board shall hold a public meeting on the proposal. The
applicant may present the proposal to the Board.
10.6.8. Decisions/Findings of Fact: Following review, the Architectural Review Board may approve,
deny, or approve with conditions the application for a Certificate of Appropriateness. No
Certificate of Appropriateness shall be issued unless the following findings of fact can be made:
a. The plan and design of the proposed is consistent with the adopted plans and policies of the
Town, and complies with all applicable requirements of Article 6 within this Ordinance.
b. Scale, location, form, line, color, texture and other design elements of building structures,
and signs are in harmony with the character of the district;
c. Proposed development does not adversely impact surrounding property values by reason of
factors subject to architectural review.
10.6.9. Time Frame for Review: Major Architectural Review applications shall be acted upon within 60
calendar days after filing; otherwise, the application shall be deemed approved, and a COA shall
be issued by the Administrator. An extension of time may be granted by mutual consent of the
Architectural Review Board and the applicant. At the time of approval, the applicant shall be
directed to prepare detailed Construction Documents compliant with the terms of approval and
submitted to the agency having the authority to issue the applicable permits.
10.6.10. Issuance of a COA: After the ARB has determined that the application makes the findings in
compliance with Section 10.6.8 above, they will grant an approval of the application, with or
without conditions, and direct the Administrator to issue a Major Certificate of
Appropriateness.
10.6.11. Appeals: Any party aggrieved by the decisions of the Architectural Review Board may appeal to
the Circuit Court of Lexington County within 30 days of the decision.
10.6.12. Permit Validity: Upon the approval of the Major Architectural Review application, the applicant
shall have 2 years to obtain a construction permit from the agency having authority and
jurisdiction. Failure to secure a permit for the permitted work within this time shall render the
compliance void. Any change to the approved plans that has not been authorized by the
Administrator shall invalidate the design approval, and any subsequent building permits.
10.6.13. Permit Extension: The ARB may grant up to one (1), one-year extensions of this time period
upon submittal by the applicant of sufficient justification for the extension. Extensions shall be
submitted at least 45 days prior to the expiration date.

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10.6.14. Changes to COA: The Administrator may inspect or coordinate with Lexington County to ensure
the project is in compliance with the COA. If there are changes to the conditions of approval,
the applicant must return to the ARB with a revised application showing the proposed
alternations. Any alterations or modifications to the conditions of approval shall be subject to
the provisions in Article 12, Enforcement and Violations.
10.7.

Subdivision Review
10.7.1. Applicable to all subdivisions: All development that involves the subdivision of one or more
parcels shall be subject to the subdivision approval requirements of this Article, with the
following exceptions:
a. The division of land into parcels of 5 acres or more where no new street is necessitated
and/or created.
b. Subdivision of land into parcels having existing access of less than 5,000 square feet in area
when they are exclusively for the provision of local utilities such as pump stations.
c. The combination or recombination of entire lots of record where no new street or change to
existing streets is involved.
d. Combination or recombination of portions of previously platted lots where the total number
of lots is not increased and the resultant lots are equal to the ordinance standards.
10.7.2. Land Development Standards: See Article 5 for applicability of land development standards.
10.7.3. Unlawful to Record Plat without Town Approval: It shall be unlawful to offer and cause to be
recorded any plan, plat, or replat of land within the jurisdictional authority of the Town of
Chapin with the appropriate County Register of Deeds office having jurisdiction, unless the same
bears the endorsement and approval of the Town.
10.7.4. Appeals
a. Subdivision Plat decisions made by the Administrator may be appealed to the PC within 30
days of the decision. The PC shall review the Subdivision Plat within 60 days and shall have
all of the same authority as the Administrator in such review. The decision of the PC shall be
final unless appeals to the circuit court.
b. Subdivision Plat decisions made by the Planning Commission (PC) may be appealed to the
circuit court within 30 days of the decision.
10.7.5. Permit Validity: After approval of a subdivision, the applicant shall record the approved final plat
with at the Lexington County Register of Deeds Office prior to the expiration of the vested rights
period (Section 10.15)
10.7.6. Subdivision in Phases: Whenever part of a tract is proposed for platting, and it is intended to
subdivide additional parts in the future, or abutting land is in the same ownership, a sketch plan
for the entire tract shall be submitted with the plat.
10.7.7. Previously Approved or Recorded Subdivisions: The Administrator may deny any subdivisions
that were approved or recorded within the last 24 months that the Administrator determined
are willfully trying to circumvent these regulations, such as further subdivisions on a previously
approved minor subdivision that would have required Major Subdivision review.

10.8.

Minor Subdivision
10.8.1. Applicability: The Minor Subdivision review process is allowed for those divisions of land that:

139

a. Combine or recombine portions of previously platted lots where the total number of lots is
not increased and the resultant lots are equal to the standards of this code. A
nonconforming lot may be included in a lot recombination if the resultant lot becomes
closer to conformity.
b. Request to subdivide parcels less than 5 acres in size.
c. Create no new streets nor require the extension or new installation of public utilities.
d. Does not involve any other conditions that require any additional approval(s) from any
Town board or commission, as determined by the Administrator.
e. Subdivisions resulting in four or less total lots, unless it requires the creation of a new street
to establish access, and is not part of a phased development.
f. Minor Subdivisions are subject to a probationary period. All parcels resulting from a minor
subdivision, including the parent parcel, shall be prohibited from subdivision for a two-year
period per new parcel. The subdivision of a parcel under probation may be considered by
the Planning Commission through the major subdivision process.
10.8.2. Process Type: Administrative
10.8.3. Required Application Information: A preliminary plat as described in Section 10.3.1.C. A digital
copy in a Portable Document Format (PDF) of the plat are required upon submission, the
administrator may also request for physical copies for the purposes of distribution to the
applicable review entity. The Administrator may also require the submittal of a letter from a
licensed traffic engineer certifying that the proposed subdivision
complies with SCDOT, County, and Local (Section 5.6) regulations
Application
regarding a Traffic Impact Study (TIS). The Administrator may
Submittal
require additional documents.
10.9.

Major Subdivision
10.9.1. Applicability: Major Subdivisions shall include any division of land
Completeness
that does not meet, or exceeds the requirements for Minor
and Compliance
Subdivision (Section 10.8.1). The following types of development
Review by Staff
require Major Subdivision Approval:
a. Commercial and nonresidential subdivisions requiring new
streets, infrastructure, and other development applications
referenced in Section 5.2.1.
Administrator:
Final Decision
b. Multi-Family Developments
c. Manufactured Home Park
d. Development that uses the Alternative Development Patterns in Section 5.5
e. Any subdivision applications may be elevated to review by the Planning Commission as
determined by the Administrator.
f. Any development not listed or described as “Minor” in Section 10.8.1 or otherwise
reference as needing Major Subdivision Approval within this Ordinance.
10.9.2. Process Type: Administrative and Planning Commission.
10.9.3. Public Notification: None
10.9.4. Sketch Plan Review
a. Process Type: Administrative
b. Procedure: The subdivider shall submit to the Administrator, a completed application, a
digital copy in a Portable Document Format (PDF) of the plat are required upon submission,
140

the administrator may also request for physical copies for the purposes of distribution to the
applicable review entity.
c. Review By Staff: The Administrator shall review the submitted sketch plan to determine
conformance with this Ordinance. The Administrator may also require the submittal of a
letter from a licensed traffic engineer certifying that the proposed subdivision complies with
SCDOT, County, and Local (Section 5.6) regulations regarding a Traffic Impact Study (TIS).
d. Approval of Sketch Plan: After reviewing the Sketch Plan,
Pre-application Conference
the Administrator will advise the applicant within thirty
(30) days after application that the Sketch Plan is
approved, disapproved, or approved with certain
modifications. If approved, said approval shall constitute
Sketch Plan Application
authorization to prepare and submit a Preliminary Plat.
Submittal
Approval does not authorize the developer to begin the
proposed construction or improvements. If the
Administrator fails to act on the Sketch Plan within thirty
Completeness and
Compliance
Review by staff
(30) days after application, the Sketch Plan shall be
and
outside
agencies
deemed approved and a certificate, to that effect, shall
be issued by the Planning Commission upon demand;
provided, however, that the subdivider may waive this
Approval of Sketch Plan by
requirement and consent in writing to extension of such
Administrator
period.
10.9.5. Preliminary Plat
a. Procedure: Upon approval of the Sketch Plan (Section
Preliminary Plat to Planning
Commission with
10.7.3.D), the subdivider shall submit to the
construction documents
Administrator one (1) physical copy and a digital copy in
a Portable Document Format (PDF) of the plat are
required for the preliminary plat along with an
Staff Report and Review by
application available at the office of the Administrator.
Planning Commission
The Administrator may also require the submittal of a
letter from a licensed traffic engineer certifying that the
proposed subdivision complies with SCDOT, County, and
Approval of Preliminary Plat
by Planning Commission and
Local (Section 5.6) regulations regarding a Traffic Impact
outside agencies
Study (TIS). Additional physical copies of the plat or any
supplemental information may be requested.
b. Review by Outside Agencies: Upon determination by the
Submittal of Final Plat with
Administrator that the Preliminary Plat and construction
as-built drawings
documents conforms with the approved Sketch Plan, the
Administrator shall submit an appropriate number of
copies of the preliminary plat and construction
Approval of Final Plat by
documents to applicable outside agencies for review and
Administrator
approval:
1. Director of Utilities or Appropriate Utility AHJ
2. Appropriate soil & erosion control agency
3. South Carolina Department of Health & Environmental Control
4. Appropriate Road AHJ

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c. Review by Planning Commission: The PC shall approve, approve with conditions, or
disapprove the preliminary plat within sixty (60) days of receipt of preliminary plat. Unless
this time limit is extended by mutual agreement, failing to act within the time limit
constitutes approval of the preliminary plat. If a proposed Site Plan (preliminary plat) is
determined by the PC to be in conformance with the sketch plan and all applicable
provisions of this Ordinance, the PC shall approve the Site Plan, and shall advise the
applicant in writing of:
1. The conditions of such approval, if any;
2. Approval of Preliminary Plat by the Town; and
3. The date on which the PC granted approval.
10.9.6. Final Plat
a. Procedure: Following the approval of the Preliminary Plat and completion of all required
improvements, if the improvements are not going to be bonded, the applicant shall file with
the Administrator as application for final approval of a subdivision plat. If improvements are
going to be bonded, the requirements of Section 5.3.3 shall be met prior to the issuance of a
final plat.
b. Submittal Requirements: Submittal of final plat application forms accompanied by at least
two (2) physical copies and a digital copy in a Portable Document Format (PDF) of the Final
Plat with all applicable documentation. The Final Plat shall contain as-built drawings
compliant with Section 10.3.1.6. The final plat shall be compliant with the Preliminary Plat.
c. Review by Staff: Upon determination by the Administrator that the Final Plat is in
conformity with the Preliminary Plat as approved, the applicant shall submit an appropriate
number of copies of the Final Plat and As-Built Drawings to the same agencies and Town
departments which reviewed and approved the Preliminary Plat (Section 10.9.5.2). A report
from applicable agencies, as determined by the Administrator and applicable laws,
approving the as-built drawings shall be required prior to approval.
d. Compliance with Ordinance: Land development standards (Article 5) including performance
bonds if required, shall be in a form satisfactory to the local government attorney and in an
accordance with the performance bond requirements within this ordinance. The bond shall
include a provision that the principal of the bond shall comply with all the terms of the
resolution of Final Plat approval as determined by the Planning Commission and shall
include, but not be limited to, the performance of all required subdivision and off-site
improvements, and that all improvements and land included in the irrevocable offer of
dedication shall be dedicated to the local government free and clear of all liens and
encumbrances on the premises.
e. Review by Planning Commission: If the Administrator determines that the submitted final
plat is an alteration from the approved preliminary plat, such as a change of density, lots,
street configuration, or other significant change, the Planning Commission shall review and
act on a Final Plat within sixty (60) calendar days after the submittal of the Final Plat, unless
otherwise agreed upon by the Administrator and the applicant. No plat shall be acted upon
by the Planning Commission without affording a hearing thereon, notice of time and place
of which shall be in the form of actual notice as described in this section. Actual notice to
the applicant (either orally, email, or written) shall be given at least five (5) calendar days
(excluding holidays) prior to the meeting.
f. Approval: Upon approval of the Final Plat by the Administrator, a statement will be placed
on the Final Plat by the Administrator and two (2) copies of the plat returned to the
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subdivider stating that the subdivision plat as shown has complied with the requirements of
the Town, and have been approved for recording in the Officer of the Registrar of Deeds in
Lexington County.
g. Changes to Final Plat: If it should become necessary to revise a final plat due to a
dimensional error, a revised plat shall be submitted to the Administrator prior to final
recording to determine if the revision requires Planning Commission review.
10.10. Administrative Adjustment
10.10.1. Purpose: Administrative Adjustments are specified deviations from otherwise applicable
development standards where development is proposed that would be:
a. Compatible with surrounding land uses;
b. Harmonious with the public interest; and
c. Consistent with the purposes of this Ordinance.
10.10.2. Adjustment of Numerical Standard: For administrative level applications, or those not requiring
Planning Commission and/or Town Council Review, the Administrator shall have the authority
to authorize modification of up to 10% from any numerical standard set forth in Article 3
(District Development Standards), Article 7 (Landscaping and Tree
Preservation), or Article 8 (Parking) of this Ordinance. For those
Application Submittal
cases before the Planning Commission or the Architectural Review
Board, the PC and ARB may have the authority to grant a
modification up to 10% for those sections reference in within this
Section 10.10.2. Any request greater than 10% shall constitute a
Completeness and
need for a variance request, handled by the Board of Zoning
Compliance Review
Appeals (BZA), and subject to the requirements of Section 10.12.
The Administrator is not obligated to allow modification from any
numerical standards.
Administrator or
Planning Commission
Final Action
10.10.3. Permission of Flag Lot: When the applicant is proposing flag lots or
other irregular lots as defined in this Ordinance (Article 3), the
Administrator may permit the irregular or flag lot as an Administrative Adjustment, making
written findings in accordance with Section 10.10.5.5.
10.10.4. Process and Approval
a. Process Type: Administrative
b. Public Notification: None
c. Required Application Information: An application for an Administrative Adjustment shall
include a brief description of the requirement to be adjusted and any other material
necessary to ensure the criteria in this section are met.
d. Administrator Review: The Administrator shall review the application and approve, approve
with conditions, or deny the application, based upon the criteria in Section 10.10.4.e. A
written decision including affirmative findings on the criteria set forth below shall be
transmitted to the applicant.
e. Administrative Adjustment Criteria: To approve an application for an Administrative
Adjustment, the Administrator shall make an affirmative finding that the following criteria
are met:

143

1. Granting the Administrative Adjustment will ensure the same general level of land use
compatibility as the otherwise applicable standards.
2. Granting the Administrative Adjustment will not materially and adversely affect adjacent
land uses and the physical character of uses in the immediate vicinity of the proposed
development because of inadequate buffering, screening, setbacks, and other land use
considerations.
3. Granting the Administrative Adjustment will not adversely affect property values in any
material way.
4. Granting the Administrative Adjustment will be generally consistent with the purposes
and intent of this Ordinance.
5. Granting the Administrative Adjustment shall not establish a precedent that would
generally result in the relaxing of the requirements of this ordinance.
6. The purpose of the adjustment request is to lessen/reduce the cost of development
solely.
f. Appeals: A decision denying an Administrative Adjustment
Application Submittal and
may be appealed to the BZA within 30 days of the
Completeness Review
Administrator’s decision in accordance with Section 10.13
(Administrative Appeals).
g. Expiration and Lapse of Approval: Property owners shall
have 6 months from the date of approval of an
Schedule Public Hearing
Administrative Adjustment to secure a Necessary Permit(s)
and Public Notification
and/or approval(s) to carry out the proposed
improvements. It is the responsibility to notify the Zoning
Administrator in writing, when they have obtained any
necessary permit(s) and/or approval(s) from the jurisdiction
having authority, proving they are acting upon the
Staff Report to BZA
Administrative Adjustment within 6 months. If a complete
Permit and/or approval application(s) have not been filed
within 6 months of the date of approval of adjustment, the
approval shall be void.
BZA Hearing and Decision.
Resubmission for more
10.11. Special Exception
information (if necessary)
10.11.1. Applicability
Special Exceptions may be made for situations in which proposed land uses are generally
compatible with the land uses permitted by-right in a district but require individual review of
their location, design, configuration, and other criteria to evaluate the potential for adverse
impacts on adjacent property and uses. The Special Exception process ensures the
appropriateness of the use at a particular location within a given District.
10.11.2. Process and Approval
a. Process Type: Public Hearing by Board of Zoning Appeals
b. Required Application Information: All applicable forms as determined by the Administrator,
along with such accompanying material as is required to ensure compliance with the criteria
listed in Section 10.11.3.
c. Public Notification: Public notice of all hearings shall be published in a newspaper of general
circulation within the Town and shall be posted on, or adjacent to, the property affected,

144

with at least one notice visible from each public street abutting the property fifteen (15)
days prior to the public hearing.
d. Staff Review and Report: The Administrator shall prepare a staff report that reviews the
proposed development in light of the Comprehensive Plan, the review criteria listed below,
and the requirements of this Code. A copy of the report shall be provided to the Board of
Zoning Appeals (BZA) and the applicant before the scheduled hearing.
e. BZA Hearing
1. The BZA shall hold a public hearing on the Special Exception application.
2. After review of the application and the public hearing, the BZA shall make a written
finding and approve, approve with modifications or conditions, or disapprove the
request.
3. If approval, or approval with modifications or conditions, is granted, the decision shall
be communicated in accordance with 10.1.4, and the applicant shall then be authorized
to submit any necessary permit(s) and/or application(s) consistent with this Ordinance.
10.11.3. Special Exception Review Criteria: The BZA may approve an application for a Special Exception
where it reasonably determines that there will be no significant negative impact upon residents
of surrounding property or upon the general public. The BZA shall consider the following
criteria in its review:
a. The proposed uses compatibility with existing land uses in the surrounding area;
b. The harmony of the proposed site plan, circulation plan, and character of the surrounding
area;
c. The likely impact on public infrastructure — such as roads, parking facilities, and water and
sewer systems —and on public services — such as police and fire protection and solid waste
collection— and the ability of existing infrastructure and services to adequately service the
proposed use without negatively impacting existing uses in the area and in the Town;
d. The general conformity of the proposed use and designs with the Town’s Comprehensive
Plan, and any other plans officially adopted by the Town;
e. The likely impact on public health and safety;
f. The potential creation of noise, lights, fumes, dust, smoke, vibration, fire hazard, or other
injurious or obnoxious impacts.
10.11.4. Conditions: The BZA may impose such conditions and restrictions upon the application as may
be necessary to minimize, mitigate, or remove any potential adverse impacts of the proposed
use.
10.11.5. Appeal: Any party aggrieved by the decisions of the BZA may appeal to the Lexington County
Circuit Court within 30 days of the decision.
10.12. Variance
10.12.1. Variances to all ordinance standards may be requested with the following exceptions:
a. No variances to the Table of Permitted Uses (Table 4.3.2) or the Accessory Use Table (Table
4.5.2) shall be permitted.
b. No variances to sign regulations shall be permitted
c. Variances to the design requirements in Article 6 shall be permitted, however the
Administrator shall provide a written recommendation to the BZA in the staff report.

145

d. Variances regarding projects submitted as major subdivision applications are permitted,
however the Administrator shall provide a written recommendation in the staff report prior
to appearing before the BZA for a variance.
10.12.2. Process and Approval
a. Process Type: Public Hearing by the Board of Zoning Appeals (BZA). In cases where a
variance is requested as described in 10.12.1.c and 10.12.1.d, the applicant shall first receive
a recommendation regarding the variance from the Administrator, prior to seeking a final
decision by the BZA.
b. Application Requirements: All applicable forms as determined by Administrator, along with
such accompanying material as is required to ensure compliance with the criteria listed in
Section 10.12.4.
c. Staff Review and Report: The Administrator shall prepare a staff report that shall be
provided to the applicant or appellant and the BZA before the scheduled hearing. In cases
where a variance is requested as described in 10.12.1.c and 10.12.1.d, the Administrator
shall their recommendation regarding the variance to the BZA within the staff report.
d. Public Notification: Public notice of all hearings shall be published in a newspaper of general
circulation within the Town and shall be posted on, or adjacent to, the property affected,
with at least one notice visible from each public street
Application Submittal and
abutting the property fifteen (15) days prior to the public
Completeness Review
hearing.
10.12.3. BZA Hearing
Schedule Public Hearing
a. After review of the variance application and the public
and Public Notification
hearing, the BZA shall approve, approve with conditions, or
deny the application.
b. If approval or approval with conditions is granted, the
Staff Report to BZA
decision shall be communicated in accordance with 10.1.4,
and the applicant shall be authorized to submit any
necessary permit(s) and/or application(s).
10.12.4. Criteria for Approval of Variances
BZA Hearing and Decision
Required Findings: A variance may be granted by the BZA if it
concludes that the strict enforcement of any design and performance standard set forth in this
Code would result in unnecessary hardship to the applicant, and that by granting the variance,
the spirit of this Code will be observed, public welfare and safety will not be diminished, and
substantial justice will be done. A variance may be granted in an individual case of unnecessary
hardship only when the BZA makes, and explains in writing, all of the following findings:
a. There are extraordinary and exceptional conditions pertaining to the particular piece of
property.
b. These conditions do not generally apply to other property in the vicinity.
c. The conditions are not the result of the applicant’s own actions.
d. Granting of the variance would not substantially conflict with the Comprehensive Plan,
other adopted regional plans, and the purposes and intent of this Ordinance.
e. Because of these conditions, the application of this Code to the particular piece of property
would effectively prohibit or unreasonably restrict the utilization of the property.
f. The authorization of a variance will not be of substantial detriment to adjacent property or
the public good, and the character of the zone will not be harmed by the granting of the
variance.
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10.12.5. Limitations: The BZA may not grant a variance if it would do any of the following:
a. Allow the establishment of a use not otherwise permitted in the applicable district.
b. Increase the density of a use above which is permitted in the applicable district.
c. Physically extend a nonconforming use of land.
d. Change the zone boundaries shown on the Official Zoning Map.
10.12.6. Profitability Not to Be Considered: Profitability shall not be considered grounds for a variance.
Nor shall inconvenience or financial disadvantage.
10.12.7. Conditions: In granting a variance, the BZA may attach to it conditions regarding the location,
character, or other features of the proposed building, structure, or use as the BZA considers
advisable to protect established property values in the surrounding area, or to promote public
health, safety, or general welfare.
10.12.8. Appeal: Any party aggrieved by the decisions of the BZA may appeal to the Lexington County
Circuit Court within 30 days of the decision.
10.13. Administrative Appeals
10.13.1. Applicability
Any person aggrieved by a decision, interpretation, or determination of the Administrator may
appeal to the BZA. Upon receipt of any Administrative Appeal application, The Administrator
shall transmit to the BZA all papers constituting the record of the appealed action.
10.13.2. Process and Approval
a. Process Type: Public Hearing by the Board of Zoning Appeals (BZA).
b. Required Application Information: Within 30 days of a decision or order of the
Administrator, an application for appeal shall be filed with the Administrator and the BZA
specifying the grounds of the appeal.
c. Public Notification: Public notice of all hearings shall be published in a newspaper of general
circulation within the Town within fifteen (15) days prior to the public hearing.
d. Effect of Appeal: An appeal stays all legal proceedings in furtherance of the action in
question (except enforcement proceedings), unless the Administrator certifies to the BZA
that a stay would, in his/her opinion, cause imminent peril to life and property. In such case,
proceedings shall not be stayed except by a restraining order that the BZA or by a court of
record may grant.
10.13.3. BZA Hearing: The BZA shall schedule the matter for a hearing
Application Submittal
at its next regularly-scheduled meeting. At the hearing, any
party may appear in person, by agent, or by attorney.
Following the hearing, the BZA shall take one of the following
actions, consistent with the provisions of this Ordinance:
Schedule Public Hearing

and Public Notification
a. Affirm the action of the Administrator;
b. Modify the action of the Administrator, and to that end, the
BZA shall have all the powers of the officer, board, or
commission from which the appeal is taken, and may issue
a permit or direct that a permit be issued; or
c. Reverse the action of the Administrator, and to that end,
the BZA shall have all the powers of the officer, board or

Staff Report to BZA

BZA Hearing and
Decision
147

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

148

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